The URL can be used to link to this page

Home My WebLink AboutCC RESO 2014-145RESOLUTION NO. 2014 — 145 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT FOR A CREMATORIUM TO BE LOCATED AT 100 WEST 35T" STREET, SUITE "A" IN THE COASTAL ZONE CASE FILE NO. 2014-09 CUP, CDP; APN: 562-310-65 (APPLICANT: CORTEZ CREMATIONS AND FUNERAL SERVICES CORPORATION) WHEREAS, the City Council considered a Conditional Use Permit and Coastal Development Permit for a crematorium to be located at 100 West 35t' Street, Suite "A" in the Coastal Zone, at a duly advertised public hearings held on October 7, 2014, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing, the City Council considered the staff report provided for Case File No. 2014-09 CUP, CDP, which is maintained by the City and incorporated herein by reference, along with any other evidence presented at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the evidence presented to the City Council at the public hearing held on October 7, 2014, supports 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 since no expansion of the building is proposed. 2. That the site has sufficient access to National City Boulevard, an arterial street, and State Route 54, a freeway, to accommodate the additional 23 average daily trips (ADT), and since no building expansion is proposed. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the use is contained wholly within an existing building and the use is consistent with an industrial use, which is conditionally -permitted in the Light Manufacturing zone. 4. That the proposed use is deemed essential and desirable to the public convenience, since it will provide a service in need in the area among members of the community who are looking for cremation services. 5. That the granting of this Conditional Use Permit is consistent with and implements the Certified Local Coastal Program, since the project does not involve any land alterations and provides for a use on an existing industrially -zoned parcel in an area designated by the Local Coastal Program and the General Plan for such use. BE IT FURTHER RESOLVED that the application for Tentative Subdivision Map and Consistency Review is approved subject to the following conditions: Resolution No. 2014 — 145 Page Two October 7, 2014 General This Conditional Use Permit and Coastal Development Permit authorize a cremation and funeral services business at the property located at 100 West 35th Street, suite "A". Plans submitted for permits associated with this project shall conform with Exhibit "A", case file no. 2014-09 CUP, CDP, IS, dated June 11, 2014. 1. This Conditional Use Permit and Coastal Development Permit shall take effect until certification of the associated Negative Declaration. 2. Within four (4) days of approval, pursuant to Fish and Game Code 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. 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 the Municipal Code. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 5. Before this Conditional Use Permit and Coastal Development Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, 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 and Coastal Development Permit. The applicant shall also submit evidence to the satisfaction of the Executive Director 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 and Coastal Development 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 Executive Director prior to recordation. Building 6. Plans submitted for improvements must comply with the 2013 edition of the California Building, Electrical, Plumbing, Mechanical, and Fire Codes. Any existing unpermitted interior improvements shall be legalized and brought up to current codes. Fire 7. Plans submitted for improvements must comply with the 2013 editions of National Fire Protection Association, California Fire Code, and the current edition of the California Code of Regulations. Resolution No. 2014 —145 Page Three October 7, 2014 8. A separate permit shall be obtained from the National City Fire Department per CFC 904.11 (Commercial Cooking System). 9. Smoke alarms shall be installed per the 2013 California Building Code. 10. Plans submitted for improvements must comply with the 2013 editions of National Fire Protection Association, California Fire Code, and the current edition of the California Code of Regulations. Planning 11. No more than one cremator may be in operation and no more than six cremations may be performed per day. No additional cremators may be installed or additional cremations performed without modification of this Conditional Use Permit. 12. All required federal, state, regional, and local permits shall be obtained prior to operation of the facility (e.g. Authority to Construct and Permit to Operate (APCD), Funeral Director license, cremation license, business license, etc.). 13. Violation of APCD licensing/permitting shall be a violation of this Conditional Use Permit. 14. Project -related air pollutant emission levels shall be below Air Quality Impact Analysis (AQIA) trigger levels established in APCD Rule 20.2 for new or modified stationary sources of emissions. 15. Based on a screening -level Health Risk Assessment conducted by APCD, toxic emissions resulting from project implementation shall not have consequences above acceptable health risk levels. If it is determined that unacceptable health risk levels at the nearest sensitive receptor or land use do exist, APCD permits shall not be issued. BE IT RESOLVED that this Resolution shall become effective, final, and conclusive on the day following the City Council meeting where this Resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6. PASSED and ADOPTED this 7th day of October, 20 on Morrison, Mayor ATTEST: n1 Michael R. Dalla, y Clerk 'PROVED AA audia Gacitu : Silva City Attorn TO FORM: Passed and adopted by the Council of the City of National City, California, on October 7, 2014 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Natividad, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California ZJiJ City CI of the City 4NaJtional City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2014-145 of the City of National City, California, passed and adopted by the Council of said City on October 7, 2014. City Clerk of the City of National City, California By: Deputy