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HomeMy WebLinkAboutCC RESO 2012-42NOT ADOPTED RESOLUTION NO. 2012-42 A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR PUBLIC ASSEMBLY AND A TATTOO STUDIO AT SWEETWATER HARLEY DAVIDSON LOCATED AT 3201 HOOVER AVENUE. (Development Services / Planning) This Resolution was not adopted at the National City City Council / Successor Agency to the Community Development Commission as the National City Redevelopment Agency / Community Development Commission - Housing Authority of the City of National City Regular Meeting of February 7, 2012. February 9, 2012 it Mi hael R. Dalla, CMC City Clerk City of National City • • • RESOLUTION NO. 2012 — 42 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR PUBLIC ASSEMBLY AND A TATTOO STUDIO AT SWEETWATER HARLEY DAVIDSON LOCATED AT 3201 HOOVER AVENUE WHEREAS, the Planning Commission considered a Conditional Use Permit for Public Assembly and a Tattoo Studio at Sweetwater Harley Davidson located at 3201 Hoover Avenue at a duly advertised public hearing held on December 5, 2011, at X.€«€_t„time oral and documentary evidence was presented; and WHEREAS, at said public hearing, the Planning Co report contained in Case File No. 2011-28 CUP, maintained by th by reference along with evidence and testimony from said heari WHEREAS, the Planning Commission voted Permit for Public Assembly and a Tattoo Studio at Swee Hoover Avenue by a unanimous vote in favor of approv dered the staff rporated herein Conditional Use Davidson located at 3201 WHEREAS, a Notice of Determination"` . ore the City Council on January 10, 2012, and a public hearing was set for Januar and WHEREAS, the City Council co Assembly and a Tattoo Studio at Sweetwater H at a duly advertised public hearing held o documentary evidence was presented; WHEREAS, at said public h contained in Case File No. 2011-2 reference along with evidence and t onditional Use Permit for Public son located at 3201 Hoover Avenue 012, at which time oral and he City Council considered the staff report fined by the City and incorporated herein by om said hearing; and WHEREAS, tf action i ! ken pursuant to all applicable procedures required by state and City laws; and WHERE ' , the . << n recited herein is found to be essential for the preservation of public health, saf " general welfare. NO F ,' s: ORE, BE IT RESOLVED by the City Council of the City of National City th". •e ' •ny and evidence presented to the City Council at the public hearing held on Jan r 2 =r„< 12, support the following findings: 1. That thfor the proposed use is adequate in size and shape, since the proposed use will be wit "'`_': n existing building and upon a roof deck designed for such use, and since no expansion of the building is proposed. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume of traffic generated by the proposed use, since the site was developed for and has historically been used for public assembly use, since the proposed use involves no expansion, and since a tattoo studio is not expected to draw a significant number of additional patrons. Resolution No. 2012 — 42 February 7, 2012 Page Two 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the building is located in an industrial zone, near a freeway, and away from any residential areas. 4. That the proposed use is deemed essential and desirable to the pu it will allow the business to expand its services, thus increasing pr for success. BE IT FURTHER RESOLVED that the application f approved subject to the following conditions: GENERAL nience, since the chances 1. This Conditional Use Permit authorizes public a .:;; and a tattoo studio at 3201 Hoover Avenue. Except as required by Conditions of A all plans submitted for permits associated with the project shall conform to _. i ` _:'< Case File No. 2011-28 CUP, dated October 27, 2011. 2. Before this Conditional Use Permit shall b:' - t' ctive, the applicant and the property owner both shall sign and have not.=;<?5 "` _ >' stance Form, provided by the Planning Division, acknowledging and acc-. g a ditions imposed upon the approval of this permit. Failure to return the sign-`::::;,:;,<. no : zed Acceptance Form within 30 days of its receipt shall automatically terminate ' <>:::``ditional Use Permit. The applicant shall also submit evidence to the satis :'; :: :.,�e`•lanning Division that a Notice of Restriction on Real Property is recorded wit y Recorder. The applicant shall pay necessary recording fees to the County. notice of Restriction shall provide information that conditions imposed b ;: pproval • e Conditional Use Permit are binding on all present or future interest hold Via"•r estate holders of the property. The Notice of Restriction shall be approved as to fo ,; `:'' r; City Attorney and signed by the City Manager or designee prior to recordation. 3. This permit resolutio of 18.116. e null and void if not exercised within one year after adoption of the less extended according to procedures specified in Section onal City Municipal Code. 4. Wit '`'`";" <<'`' s of approval, pursuant to Fish and Game Code Section 711.4 and the Califor ' `>r=;.•de of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary "' ironmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. BUILDING 5. Plans submitted for construction shall comply with the 2010 editions of the California Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and Green Codes. • • • Resolution No. 2012 — 42 February 7, 2012 Page Three 6. Use of the roof deck may be continued provided that: a. No alterations, modifications, additions, or enlargements to any part of the structure may be made, including anything attached to the roof, deck, or sides of the structure, without first obtaining a building permit. b. c. d. e. The maximum occupancy load of the roof deck is and s - + . > fined at 300 people. No assembly is permitted in the mercantile area deck and mercantile area is permitted without o occupancy from the Building Division. gling of the roof it for a change in If a change in occupancy from mercantile <~V"£ ;';icantile`: ssembly use is granted, the maximum occupancy of the lower I_, , e no more than 587 people. The applicant shall submit and hay path of travel from the roof deck, right-of-way. loor plan showing the emergency mercantile area, and to the public f. All exit doors on both floor "_ ':.v�"iable for emergency exitingfrom assembly 9 Y areas. FIRE 7. Plans submitted for constructio `! "all comply with the 2010 edition of the California Fire Code and the 2010 e> ion of N:yAanal Fire Protection Association (NFPA) Codes and Standards. 8. Access to the street, bo'S trances, and Fire Department connections for fire sprinkler systems, stay >€> etc., hall be maintained at all times. �R.�I�.n?.'se_ 9. Fire Depart v`% A°s into and through event areas shall be maintained at all times. Fire ap. `r- ru `:h»" roads shall have an unobstructed width of not less than 20 feet and an un.g: cted vertical clearance of not less than 14 feet. 10. Acces`;;"v e building shall be maintained at all times. Access to all entrances, fire sprinkler >" ms, standpipes, fire hydrants, and Fire Department connections shall be maintained in all areas and at all times. 11. Event participants on foot shall move immediately to the sidewalk upon approach of any emergency vehicle(s). 12. Vehicles in the roadways are to move immediately to the right upon approach of any emergency vehicle(s). Resolution No. 2012 — 42 February 7, 2012 Page Four 13. Fire extinguishers shall be mounted in a visible location between 3% and 5 feet from the floor to the top of the extinguisher. The maximum travel distance from an extinguisher shall not be more than 75 feet. Required fire extinguishers shall not be obstructed and signs shall be posted above the extinguishers so as to indicate their-xact location. a._ 14. No cooking or heating of food (Sterno) shall be done inside of t 15. All linen used for this event which may include, but not be li tablecloths, couches, chair covers, etc., shall meet Califo requirements for flame spread and smoke propagation requirement shall be provided to the National City Fir where this applies. 16. The showroom floor is designed and categorize shall be granted from the National City Buildi assembly occupancy. 17. The allowable occupancy load shall be Building Code Standards. A permanent assembly area. Please contact the placement. 18. Security shall be provided for eve ins, arshal umentation of this nor to all events mercantile occupancy. Approval in order to use this space as e showroom floor per California card shall be posted on the roof top uilding Official for direction and field ity shall control the occupancy load of the event and shall provide the ble :_ ` pancy number to City Officials upon request. 19. A map and/or diagram shall b' r ided to the National City Fire Department describing the floor layouts for pr•posed e:. ts. Layouts shall include placement of tables, props, etc. The floor plans. 'cII also de ribe exits, elevator and fire suppression systems throughout the bu 20. Exit signs sh provide ade 21. At no tir min: d with green lettering per National City Ordinance, and shall tion towards available exits. canopies be allowed inside of the showroom area. 22. If to .,<;: ; ::: as-r area in excess of 200 square feet, and/or canopies in excess of 400 squa ultiple tents, and/or canopies placed together equaling or exceeding the above-s f': areas are to be used, they shall be constructed of flame-retardant material. Tents and c-nopies shall have an approved State Fire Marshal seal attached. 23. A ten -foot separation distance must be maintained between tents, canopies, and/or between tents and canopies. 24. No cooking shall be permitted under tents or canopies. 25. A permit must be obtained from the Fire Department for all tents and canopies used for events. Resolution No. 2012 — 42 February 7, 2012 Page Five 26. The National City Fire Department may charge an after-hours inspection fee due to events being held at Sweetwater Harley Davidson. The National City Fire and Building Departments shall review all submitted floor plans for approval. Please contact the National City Fire Department and Building Division for additional re• irements and assistance. PLANNING 27. This approval does not include the sale, consumption or .:- ` i. '. n A .Icohol products in association with any public or private events. No suc€ �.er : ted without modification of this Conditional Use Permit or unless . .rope: ort-term alcohol sales permits are procured from the Department of m„' ;� c Bev rage Control (ABC) by a licensed catering company. 28. All activities on site shall conform with Title 1 amplification or other sound producing equipme nearest residences or residential areas. 29. All tattooing activities shall conform with and with Title 6, Division 6, Chapter Diego County Code of Regulato amended, as the regulatory pro mobile tattoo vehicles within Natio 30. All tattooing and body pierci National City Land Use Code. BE IT FURT forthwith to the applicant. BE IT the day following th judicial review of th Section 1094.6 ATTEST: ational City Municipal Code. Any all be oriented away from the the National City Municipal Code g with Section 66.301) of the San es, as now in effect or as may hereafter be able to tattoo artists, tattoo parlors, and shall conform with Chapter 18.30.030 of the RESOL %'ED that copies of this Resolution shall be transmitted ER SOLVED that this Resolution shall become effective and final on cil meeting where the Resolution is adopted. The time within which ay be sought is governed by the provisions of Code of Civil Procedure nd ADOPTED this 7th day of February, 2012. Ron Morrison, Mayor APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney