Loading...
HomeMy WebLinkAboutCC RESO 2017-180RESOLUTION NO. 2017 — 180 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR WHOLESALE AUTO SALES WITH ACCESSORY NEW CAR PREPARATION (EXCLUDING DETAILING), CAR WASH, OUTDOOR VEHICLE STORAGE, ELECTRICAL AND TRIM INSTALLATION, AND EMPLOYEE PARKING AT PERRY FORD LOCATED AT 2000 ROOSEVELT AVENUE (APN: 560-392-11) WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit ("CUP") for wholesale auto sales with accessory new car preparation (excluding detailing), car wash, outdoor vehicle storage, electrical and trim installation, and employee parking at Perry Ford, located at 2000 Roosevelt Avenue, at a duly advertised public hearing held on November 7, 2016, 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. 2016-10 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing, at which time the Planning Commission denied the CUP; and WHEREAS, the applicant filed a timely appeal of the Planning Commission denial, subject to the provisions contained in National City Municipal Code ("NCMC") Section 18.12.060; and WHEREAS, the City Council of the City of National City considered the appeal of the CUP denial at a duly advertised public hearing held on March 21, 2017, at which time oral and documentary evidence was presented; and WHEREAS, the City Council voted to disaffirm the decision of the Planning Commission and directed staff to return with a resolution approving a modified CUP limiting the business to wholesale auto sales with accessory new car preparation, outdoor vehicle storage, electrical and trim installation, and employee parking; and WHEREAS, staff provided a resolution disaffirming the decision of the Planning Commission and approving a modified CUP to the City Council at their meeting of May 2, 2017; and WHEREAS, at the City Council meeting of May 2, 2017, the City Council voted to deny the resolution disaffirming the decision of the Planning Commission and approving a modified CUP, and asked staff to return with a resolution affirming the decision of the Planning Commission to deny the CUP; and WHEREAS, the City Council did not make findings on May 2, 2017, to support their denial of the CUP resulting in the necessity of the matter having to return to the Council for such further action; and WHEREAS, an alternative Resolution of approval was provided to the City Council for the public meeting held on August 15, 2017 to give the City Council the ability to take final action on the matter in the event that the Council does not adopt the findings to deny the CUP and instead votes to approve the modified CUP; and Resolution No. 2017 — 180 September 5, 2017 Page Two WHEREAS, the City Council did not take action on August 15, 2017, to approve or deny the CUP and instead, by a majority vote, continued the item for consideration to their next regular council meeting on September 5, 2017; and WHEREAS, the City Council also continued the item for the purpose of a discussion on the environmentally safe products that are required as one of the conditions for approval of the CUP as well as additional information on the materials and activities to be used at the site pursuant to the research by City staff; and WHEREAS, this action is taken pursuant to all applicable procedures required by State law 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 meeting held on September 5, 2017, support the following findings: FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 1. 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 Westside Specific Plan permits automobile sales in the CL zone subject to a Conditional Use Permit, and the proposed accessory uses are customarily found in conjunction with a wholesale automobile sales use. Furthermore, use of the property as automobile sales lot complies with all other provisions of the Westside Specific Plan and the Land Use Code. 2. The proposed use is consistent with the General Plan and any applicable specific plan because the General Plan designates this area as being within the Westside Specific Plan Area. The property is zoned Limited Commercial, which conditionally allows automobile sales, hence this application. The proposal is also consistent with General Plan Policies LU-1.5 and LU-5.1 because the proposal would create jobs and supports an existing employer. 3. 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 wholesale automobile sales use will utilize both the site and industrial building as it is currently developed, except for improvements within the building and a proposed carport addition. Furthermore, the 1.6-acre lot far exceeds any minimum lot area requirement in the Westside Specific Plan. 4. 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 proposal for wholesale automobile sales is on a property that is developed and previously used for Resolution No. 2017 — 180 September 5, 2017 Page Three industrial uses. A proposed carport addition is the only expansion proposed to the building, which already has access and utilities. 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located because the wholesale automobile sales use would operate on a property that is developed for, and previously used by, industrial uses. The use would utilize the existing building and parking lot that already has access and utilities. The 1.6-acre lot size is suitable for the use and far exceeds any lot area requirements for any use in the City. 6. The proposed project has been reviewed in compliance with the California Environmental Quality Act and staff has determined that the proposed use is categorically exempt from environmental review pursuant to Class 3 Section 15303 (New Construction or Conversion of Small Structures), for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. 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 wholesale auto sales with accessory new car preparation (excluding detailing), car wash, outdoor vehicle storage, electrical and trim installation (optional equipment for new vehicles), and employee parking at 2000 Roosevelt 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. 2016-10 CUP, dated September 10, 2016. Uses or activities not specifically included in this condition as being authorized are expressly prohibited without modification of this Conditional Use Permit. 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 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 Deputy City Manager 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 to the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. Resolution No. 2017 — 180 September 5, 2017 Page Four 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 Section 18.12.040 of the National City Municipal Code. Building 5. Plans submitted for improvements must comply with the 2016 edition of the California Building, Electrical, Fire, Plumbing, and Mechanical Codes. Engineering 6. The Priority Project Applicability checklist for the National Pollutant Discharge Elimination System ("NPDES") is required to be completed and submitted to the Engineering Department. The checklist is required when a project site is submitted for review by the City and is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP), an approved Standard Urban Storm Water Mitigation Plan (SUSMP) will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 7. Abandoned driveway aprons shall be replaced with curb, gutter, and sidewalks. Street improvements shall be in accordance with City Standards. 8. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way. Fire 9. A fire sprinkler and alarm system must be designed, approved, installed, and tested to code for this facility. 10. Prior to installation, an application for a fire sprinkler and alarm system must be submitted to and approved by the Fire Department. 11. Plans submitted for improvements must comply with the current editions of the California Fire Code ("CFC") and National Fire Protection Association ("NFPA"). 12. In the event that the driveway on Hoover Avenue is abandoned, Fire Department turnaround provisions shall be provided consistent with CFC Appendix "D" (Fire Department Access Roads). Planning 13. The applicant must obtain a business license for this permit to be considered exercised. Resolution No. 2017 — 180 September 5, 2017 Page Five 14. The applicant shall submit a landscape and irrigation plan showing existing landscaping including additional landscape screening along the street frontages, with particular emphasis along Hoover Avenue. Landscaping shall be installed and/or enhanced to provide screening of the facility from adjacent residential development to the satisfaction of the Planning Department. Missing or dead/damaged landscaping shall be replaced or upgraded to original condition. Installation of new and additional landscaping is required prior to operation. 15. This permit is approved for wholesale auto sales with accessory new car preparation (excluding detailing), car wash, outdoor vehicle storage, electrical and trim installation, and employee parking. This permit must be modified if the current or future applicants or owners wish to operate a retail automobile sales business on the subject property. 16. The new car preparation (excluding detailing), car wash, outdoor vehicle storage, electrical and trim installation, and employee parking uses must remain accessory to a wholesale dealership. No separate business licenses shall be approved for these uses unless the zone changes to allow the uses. 17. The business must maintain a wholesale dealer license with the California Department of Motor Vehicles ("DMV") at all times. Failure to maintain such a license will constitute a violation of the Conditional Use Permit. 18. Unless required for emergency access to the property, the driveway on Hoover Avenue shall be removed and converted to landscaping. No non -emergency ingress or egress shall be provided by Hoover Avenue. 19. The subject business shall conform to all applicable local, state, and federal permitting requirements for storage of any materials associated with the approved use. 20. No hazardous materials may be stored or used at the site. 21. All chemicals and/or cleaning products used in conjunction with authorized activities shall comply with "Green Chemistry" standards as set forth by the United States Environmental Protection Agency and shall be biodegradable. 22. The property owner and/or business owner expressly agrees as a condition of permit approval that the property owner and/or business owner and/or business staff shall submit to spot inspections by City staff conducted at random intervals to ensure compliance with all of the Conditions of Approval. 23. Within 30 days of approval, the applicant shall submit a building permit application for the legalization of the non -permitted carport at the north end of the building on site. No use of the carport is permitted until all required permits are issued and associated construction completed and certified. Resolution No. 2017 — 180 September 5, 2017 Page Six 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 5th day of September, 2017. Morrison, Mayor ATTEST: NlL/4LtMi hael R. DCity Clerk Passed and adopted by the Council of the City of National City, California, on September 5, 2017 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California /J Li4' City rk of the Cational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2017-180 of the City of National City, California, passed and adopted by the Council of said City on September 5, 2017. City Clerk of the City of National City, California By: Deputy