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Home My WebLink AboutCC RESO 2015-23NOT ADOPTED RESOLUTION NO. 2015-23 "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR A CHARTER SCHOOL IN NATIONAL CITY PLAZA AT THE NORTHWEST CORNER OF EUCLID AND DIVISION AVENUES." (Planning) This Resolution was not adopted at the City Council and Community Development Commission — Housing Authority of the City of National City Regular Meeting of March 3, 2015. March 5, 2015 Mtchael R. D lla, CMC City Clerk City of National City NOT ADOPTED RESOLUTION NO. 2015 — 23 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR A CHARTER SCHOOL IN NATIONAL CITY PLAZA AT THE NORTHWEST CORNER OF EUCLID AND DIVISION AVENUES WHEREAS, the City Council of the City of National City considered a Conditional Use Permit for a charter school in rational City Plaza at the northwest corner of Euclid and Division Avenues, at a duly advertised public hearing held on February 17, 2015, at which time the City Council considered evidence; and WHEREAS, at said public hearing the City Council considered the staff report provided for Case File No. 2014-21 CUP, 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 law and City law; 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, California, that the testimony and evidence presented to the City Council at the public hearing held on February 17, 2015, support the following findings: 1. That the proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, because the site is zoned Minor Mixed -Use District (MXD-1), which allows educational uses subject to a CUP. 2. That the proposed use is consistent with the General Plan and any applicable specific plans, because educational uses are permitted, subject to a Conditional Use Permit, by the Land Use Code, which is consistent with the General Plan; and because educational uses are a conditionally -allowed use in the Minor Mixed -Use District zone. 3. That the design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because the proposed use will be within an existing commercial suite within a shopping center and since no expansion of the building is proposed. 4. That the site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints because the proposed use wiii be within an existing commercial suite within a shopping center, no expansion of the building is proposed, and sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use is provided by both Euclid Avenue and Division Street, which are arterial streets. 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, Resolution No. 2014 — 23 March 3, 2015 Page Two NOT ADOPTED because the use is contained wholly within an existing building, and the use is consistent with other uses within other commercial centers in the City of National City and in San Diego County. B. That the proposed project has been reviewed in compliance with the California Environmental Quality Act, because staff has already determined that the proposed use is categorically exempt from environmental review pursuant to Class 1 Section 15301 (Existing Facilities), for which a Notice of Exemption will be flied subsequent to approval of this Conditional Use Permit. 7 That the proposed use is deemed essential and desirable to the public convenience and welfare, because it will provide a service in the area among members of the community seeking to gain a high school education. BE IT FURTHER RESOLVED that the application for a Conditional Use Permit is approved subject to the following conditions: General This Conditional Use Permit authorizes a charter school within suites A, B, C, and E at 2 North Euclid 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. 2014-21 CUP, dated November 4, 2014. 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 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. The applicant shall also submit it evidence to te satisfaction or the Planning Department 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 Executive Director prior to recordation. 3. 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. 4. 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. Resolution No. 2014 — 23 March 3, 2015 Page Three Building NOT ADOPTED 5. Any plans submitted for improvements must comply with the 2013 edition of the California Building, Electrical, Plumbing, and Mechanical. Fire 6. Any plans submitted for improvements must comply with the 2013 editions of the California Fire Code ("CFC") and National Fire Protection Association t" NFPA"), and the current edition of the California Code of Regulations. Planning 7. The applicant shall provide proof of all local, state, and/or federal permits necessary for operation of the Charter School. Proof of said permits shall be provided at time of business license issuance. Police 8. No Loitering" signs shall be posted and maintained at highly visible areas around the entrances and exits to the school, including the parking area located to the west of the building. 9. Permittee shall comply with all regulatory provisions of the California Education Code Section 44807 related to student conduct on the way to and from school. BE IT FURTHER 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 3rd day of March, 2015. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Delia, City Clerk Claudia Gacitua Silva City Attorney