Loading...
HomeMy WebLinkAboutCC RESO 2012-46RESOLUTION NO. 2012 — 46 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 which time oral and documentary evidence was presented; and WHEREAS, at said public hearing, the Planning Commission considered the staff report contained in Case File No. 2011-28 CUP, maintained by the City and incorporated herein by reference along with evidence and testimony from said hearing; and WHEREAS, the Planning Commission voted to approve the Conditional Use Permit for Public Assembly and a Tattoo Studio at Sweetwater Harley Davidson located at 3201 Hoover Avenue by a unanimous vote in favor of approval; and WHEREAS, a Notice of Determination was before the City Council on January 10, 2012, and a public hearing was set for January 24, 2012; and WHEREAS, the City Council considered a Conditional Use Permit for Public Assembly and a Tattoo Studio at Sweetwater Harley Davidson located at 3201 Hoover Avenue at duly advertised public hearings held on January 24, and continued to February 7, 2012, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearings, the City Council considered the staff report contained in Case File No. 2011-28 CUP, maintained by the City and incorporated herein by reference along with evidence and testimony from said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by state and City laws; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the testimony and evidence presented to the City Council at the public hearing held on January 24, February 7, 2012, and February 21, 2012, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the proposed use will be within an 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 — 46 February 21, 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 public convenience, since it will allow the business to expand its services, thus increasing profitability and the chances for success. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: GENERAL 1. This Conditional Use Permit authorizes public assembly and a tattoo studio at 3201 Hoover Avenue. Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform to Exhibit "A", Case File No. 2011-28 CUP, dated October 27, 2011. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Division that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the City Manager or designee prior to recordation. 3. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the National City Municipal Code. 4. Within four (4) days of approval, pursuant to Fish and Game Code Section 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental 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 — 46 February 21, 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. The maximum occupancy load of the roof deck is and shall be maintained at 300 people. c. No assembly is permitted in the mercantile area and no commingling of the roof deck and mercantile area is permitted without obtaining a permit for a change in occupancy from the Building Division. d. If a change in occupancy from mercantile to mercantile/assembly use is granted, the maximum occupancy of the lower level will be no more than 587 people. e. The applicant shall submit and have approved a floor plan showing the emergency path of travel from the roof deck, through the mercantile area, and to the public rig ht-of-way. f. All exit doors on both floors must be available for emergency exiting from assembly areas. FIRE 7. Plans submitted for construction shall comply with the 2010 edition of the California Fire Code and the 2010 edition of National Fire Protection Association (NFPA) Codes and Standards. 8. Access to the street, both entrances, and Fire Department connections for fire sprinkler systems, standpipes, etc., shall be maintained at all times. 9. Fire Department access into and through event areas shall be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 14 feet. 10. Access to the building shall be maintained at all times. Access to all entrances, fire sprinkler systems, 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 — 46 February 21, 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 exact location. 14. No cooking or heating of food (Sterno) shall be done inside of the building. 15. All linen used for this event which may include, but not be limited to, napkins, tablecloths, couches, chair covers, etc., shall meet California State Fire Marshal requirements for flame spread and smoke propagation. Proof and documentation of this requirement shall be provided to the National City Fire Department prior to all events where this applies. 16. The showroom floor is designed and categorized as a mercantile occupancy. Approval shall be granted from the National City Building Official in order to use this space as assembly occupancy. 17. The allowable occupancy load shall be posted on the showroom floor per California Building Code Standards. A permanent occupancy card shall be posted on the roof top assembly area. Please contact the National City Building Official for direction and field placement. 18. Security shall be provided for events. Security shall control the occupancy load of the event and shall provide the allowable occupancy number to City Officials upon request. 19. A map and/or diagram shall be provided to the National City Fire Department describing the floor layouts for proposed events. Layouts shall include placement of tables, props, etc. The floor plans shall also describe exits, elevator and fire suppression systems throughout the building. 20. Exit signs shall be illuminated with green lettering per National City Ordinance, and shall provide adequate direction towards available exits. 21. At no time shall tents or canopies be allowed inside of the showroom area. 22. If tents having an area in excess of 200 square feet, and/or canopies in excess of 400 square feet, or multiple tents, and/or canopies placed together equaling or exceeding the above -stated areas are to be used, they shall be constructed of flame-retardant material. Tents and canopies 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 — 46 February 21, 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 requirements and assistance. PLANNING 27. This approval does not include the sale, consumption or distribution of alcohol products in association with any public or private events. No such use is permitted without modification of this Conditional Use Permit or unless appropriate short-term alcohol sales permits are procured from the Department of Alcoholic Beverage Control (ABC) by a licensed catering company. 28. All activities on site shall conform with Title 12 of the National City Municipal Code. Any amplification or other sound producing equipment shall be oriented away from the nearest residences or residential areas. 29. All tattooing activities shall conform with Title 9.54 of the National City Municipal Code and with Title 6, Division 6, Chapter 3 (commencing with Section 66.301) of the San Diego County Code of Regulatory Ordinances, as now in effect or as may hereafter be amended, as the regulatory provisions applicable to tattoo artists, tattoo parlors, and mobile tattoo vehicles within National City. 30. All tattooing and body piercing activities shall conform with Chapter 18.30.030 of the National City Land Use Code. POLICE 31. The National City Police Department shall be notified in writing 30-Days in advance of any hosted event. Such events include, but are not limited to, private parties, gatherings, car and motorcycle shows and special events. 32. The National City Police Department shall be notified in writing 30-Days in advance of any hosted event that includes the consumption or distribution of alcohol, consistent with the approval/ permitting process of the Department of Alcoholic Beverage Control (ABC). Appropriate permits shall be procured from the Department of Alcoholic Beverage Control (ABC) by a licensed catering company. 33. Events involving large groups of people shall require a Private Security company that is licensed and bonded for both armed and un-armed security personnel, dependent on the event and the number of expected guests. Large groups are defined as groups or crowds of more than 50 people. Private Security personnel shall use the National City Police Department guidelines of "span and control" to ensure the safety and security of private security personnel and event attendees. The private security company's name and certifications shall be forwarded in writing to the National City Police Department 30- Days in advance of the event. Resolution No. 2012 — 46 February 21, 2012 Page Six 34. All tattooing and body piercing activities shall conform to state, county and city laws and business permits. To ensure the integrity of the artists and tattoo parlor, a business log shall be kept to properly identify that all customers are of 18 years of age. The log shall include the customers name, date of birth, address and valid government issued identification as specified in National City Municipal Code Section NCMC 9.54. The customer log shall be available upon request to the National City Police Department. A copy of the customer log shall be forwarded to the National City Police Department on a monthly basis. 35. Should there be consistent citizen or surrounding business complaints concerning issues of over parking along surface streets during large events — such as but not limited to, car and motorcycle shows, gatherings and special events — the National City Police Department shall request that the National City Traffic and Safety Committee review the overflow and impact of overflow parking onto City streets due to said hosted events. The Traffic and Safety Committee shall share their findings with the National City Police Department for any future enforcement considerations. 36. "No Loitering" signs shall be visible to the public at all entrances and exits of the Sweetwater Harley Davidson Dealership. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 21st day of Febr , 2012. on Morrison, Mayor ATTEST: AP' ' OVED AS TO FORM: .✓! h el R. Dalla City Cl erk Cla City Silva Passed and adopted by the Council of the City of National City, California, on February 21, 2012 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California /r City Jerk of the City f National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2012-46 the City of National City, California, passed and adopted by the Council of said City on February 21, 2012. City Clerk of the City of National City, California By: Deputy