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HomeMy WebLinkAboutCC RESO 2015-135RESOLUTION NO. 2015 — 135 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR A DRIVE -THROUGH FAST FOOD RESTAURANT TO BE LOCATED ADJACENT TO 401 MILE OF CARS WAY WHEREAS, the City Council of the City of National City considered a Conditional Use Permit for a drive -through fast food restaurant to be located adjacent to 401 Mile of Cars Way, at a duly advertised public hearing held on August 18, 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. 2015-01 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 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 August 18, 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 drive -through restaurants are a permitted use in the Multi -Use Commercial -Residential (MCR-2) zone. 2. That the proposed use is consistent with the General Plan and any applicable specific plans, because drive -through restaurants are conditionally -allowed by the Land Use Code, which is consistent with the General Plan, in the MCR-2 zone, and because drive - through restaurants are permitted by right in the Westside Specific Plan area. 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 design meets all design requirements for drive -through businesses, and because the current street network is able to absorb additional vehicular traffic without resulting in an unsatisfactory level of service. 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 property can continue to provide enough parking spaces based on provisions and reductions outlined in the Land Use Code. 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, because the proposed use will be compatible with other nearby businesses, and because Resolution No. 2015 — 135 September 1, 2015 Page Two the proposed use will be subject to conditions that require compliance with the National City Municipal Code. 6. 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 11 Section 15311 (Accessory Structures), for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. 7 That the proposed project qualifies for a reduction of 21 standard -size parking spaces, because the property has the opportunity for 18 motorcycle spaces in lieu of standard vehicle spaces and can restripe excess compact spaces to provide the addition three (3) standard spaces. BE IT FURTHER RESOLVED that the application for a Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes a drive -through fast food restaurant to be located at the southeast corner of the South Bay Corporate Center. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit "A", Case File No. 2015-01 CUP dated April 22, 2015. 2. 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. 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 Land Use Code. 4. 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 the permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate said permit. The applicant shall also submit evidence to the satisfaction of 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. \r Resolution No. 2015 — 135 September 1, 2015 Page Three Building 5. Plans submitted for improvements must comply with the 2013 edition of the California Building, Electrical, Plumbing, and Mechanical Codes. Engineering 6. The developer shall restripe Hoover Avenue to allow for left hand turns into/out of the driveway on Hoover Avenue. 7. The developer shall sign Miles of Cars Way driveway as "Right Turn Only" for drivers exiting the property. Fire 8. Plans submitted for improvements must comply with the 2013 editions of the California Fire Code (CFC) and National Fire Protection Association (NFPA), and the current edition of the California Code of Regulations. `'eft,.• 9. Hood suppression plans shall be submitted directly to the National City Fire Department through permit. 10. Signs used for utilities shall follow National City Fire Department "Handout" requirements. 11. A fire sprinkler system shall be required if the fire area exceeds an occupant Toad of 100 or more. This would be described as the total area available, not area used. Planning 12. The ordering board shall be located so as to provide at least 54 feet (three standard vehicles) of vehicle queueing distance within the drive -through aisle prior to the ordering board. 13. A landscape and underground irrigation plan shall be submitted as part of the building permit process. Installation and continued maintenance of minimum landscaping items required by the Land Use Code, including a minimum three-foot hedge and trees spaces 20 feet on center along Mile of Cars Way shall be provided. 14. Plans shall conform to minimum turning radius requirements for drive -through businesses, unless the City Engineer approves a lesser radius. 15. Business operations shall comply with Municipal Code Title 12 (Noise) at all times. Plans submitted for construction shall reflect the use of sound -attenuating speakers that Resolution No. 2015 — 135 September 1, 2015 Page Four automatically reduce the volume of ordering speakers during periods of low ambient noise. 16. Plans submitted for construction permits shall show that a cover for the new trash enclosure shall be provided. Construction plans shall show the details of the enclosure to the satisfaction of the Fire and Engineering Departments. 17. Plans submitted for construction shall conform to Land Use Code Section 18.46 (Outdoor Lighting). 18. The applicant shall show, to the satisfaction of the Planning Department, that the minimum ratio of standard to compact parking spaces is maintained for the South Bay Corporate Center campus. Any required restriping shall be conducted and demonstrated prior to certificate of occupancy. 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 1st day of September, 2015. on Morrison, Mayor ATTEST: � � a , ael R. Dallait Cl erk y PROV D TO FOR Iaudia Gaci ua Silva City Att•rney Passed and adopted by the Council of the City of National City, California, on September 1, 2015 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison. Nays: Councilmember Rios. Absent: Councilmember Sotelo-Solis. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California AP City CI k of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2015-135 of the City of National City, California, passed and adopted by the Council of said City on September 1, 2015. City Clerk of the City of National City, California By: Deputy