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RESOLUTION NO. 2017 —162
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
DENYING A CONDITIONAL USE PERMIT FOR WHOLESALE AUTO
SALES WITH ACCESSORY NEW CAR PREPARATION, OUTDOOR
VEHICLE STORAGE, ELECTRICAL AND TRIM INSTALLATION, AND
EMPLOYEE PARKING AT 2000 ROOSEVELT AVENUE
(APN: 560-392-11)
WHEREAS, the Planning Commission of the City of National C. •nsidered a
Conditional Use Permit ("CUP") for wholesale automobile sales, accessory detail,
and outdoor storage at Perry Ford, located at 2000 Roosevelt Avenue, at ed
public hearing held on November 7, 2016, at which time oral and docu a as
presented; and
WHEREAS, at saidpublic hearing, the Planningco' •e ed the staff
9�
report contained in Case File No. 2016-10 CUP, which is ma' d by °` d
incorporated herein by reference along with evidence and t=...t sai• ring, at which
time the Planning Commission denied the CUP; and
WHEREAS, the applicant filed a timel
denial, subject to the provisions contained in N
18.12.060; and
WHEREAS, the City Cou
the CUP denial at a duly advertised p
and documentary evidence was pre
WHEREAS, th
Commission and directed staff
business to wholesale auto sale
electrical and trim insta ;;:,ion, and
W
Commission and
and
the Pia ning Commission's
icipal Code ("NCMC") Section
tional City considered the appeal of
arch 21, 2017, at which time oral
disaffirm the decision of the Planning
olution approving a modified CUP limiting the
new car preparation, outdoor vehicle storage,
arking at 2000 Roosevelt Avenue; and
, staff pro a resolution disaffirming the decision of the Planning
a modified CUP to the City Council at their meeting of May 2, 2017;
S, of the City Council meeting of May 2, 2017, the City Council voted to
deny e • • , arming the decision of the Planning Commission and approving a
m•difie "=d staff to return with a resolution affirming the decision of the Planning
e CUP; and
EREAS, this action is taken pursuant to all applicable procedures required by
State la :_ , • 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
August 15, 2017, support the following findings:
Resolution No. 2017 — 162
August 15, 2017
Page Two
FINDINGS FOR DENIAL
OF THE CONDITIONAL USE PERMIT
1. The proposed use is inconsistent with the National City General Plan and
Specific Plan because the proposed wholesale auto sales with accesso
preparation, outdoor vehicle storage, electrical and trim installation, an
uses are inconsistent with uses established in Appendix "A" of the
Plan for properties located in the Limited Commercial ("CL") zo
2. The operating characteristics of the proposed activity wou
existing and future land uses in the vicinity because the
accessory new car preparation, outdoor vehicle stora
employee parking uses are incompatible with adjace
Furthermore, the City's amortization program wit
focused on amortizing businesses whose prim
uses proposed in this case.
3. Granting the permit would constitute a
public interest, health, safety, conveni
property, or improvements in th
because the wholesale auto s
storage, electrical and trim ins
the improvement of envi men
encouraged by Guidin
Chapter 1 of the Wests
BE IT
and conclusive on
The time within
provisions of
ATTEST:
the Westside
w car
parking
ific
ith the
s with
stallation, and
ent.
peci is Plan Area is
me as the accessory
rious or detrimental to the
aterially injurious to persons,
which the property is located
w car preparation, outdoor vehicle
ee parking uses would not contribute to
nditions for residents in the area, which is
e Vision and Guiding Principles section of
THER R. "' that this Resolution shall become effective, final,
following City Council meeting where this Resolution is adopted.
ial review this decision may be sought is governed by the
ocedures Section 1094.6.
an
OPTED this 15th day of August, 2017.
Michael R. Dalla, City Clerk
Ron Morrison, Mayor
APPROVED AS TO FORM:
Angil P. Morris -Jones
City Attorney
RESOLUTION NO. 2017 —162
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, 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 Ci ; •nsidered a
Conditional Use Permit ("CUP") for wholesale automobile sales, accessory detail,
and outdoor storage at Perry Ford, located at 2000 Roosevelt Avenue, at a public
hearing held on November 7, 2016, at which time oral and documenta
presented; and
WHEREAS, at said public hearing the Planning
report contained in Case File No. 2016-10 CUP maintained
by reference along with evidence and testimony at said hea
Commission denied the CUP; and
WHEREAS, the applicant filed a timely
denial, subject to the provisions contained in N
18.12.060; and
red the staff
rated herein
e Planning
the Planning Commission
icipal Code ("NCMC") Section
WHEREAS, the City Co +f :tional City considered the appeal of
the CUP denial at a duly advertised . `i� r k �� March 21, 2017, at which time oral
and documentary evidence was pre
WHEREAS, th
Commission and directed staff
business to wholesale auto sales
electrical and trim inst-; ;•n, and
Commission a
and
o disaffirm the decision of the Planning
solution approving a modified CUP limiting the
ry new car preparation, outdoor vehicle storage,
ee parking; and
W staff prove+ed a resolution disaffirming the decision of the Planning
modified CUP to the City Council at their meeting of May 2, 2017;
S, at the City Council meeting of May 2, 2017, the City Council voted to
arming the decision of the Planning Commission and approving a
d staff to return with a resolution affirming the decision of the Planning
eny the CUP; and
HEREAS, the City Council did not make findings on May 2, 2017, to support
their den'"' 9 f 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
WHEREAS, this action is taken pursuant to all applicable procedures required by State
law and City law; and
Resolution No. 2017 — 162
August 15, 2017
Page Two
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
National City that the evidence presented to the City Council at the public mee
August 15, 2017, support the following findings:
FINDINGS FOR APPROVAL
OF THE CONDITIONAL USE PERMIT
The proposed use is allowable within the applicable zoning dis
Use Permit and complies with all other applicable provisions
Westside Specific Plan permits automobile sales in the CL z
Permit, and the proposed accessory uses are customar
automobile sales use. Furthermore, use of the prope
other provisions of the Westside Specific Plan and th
1. The proposed use is consistent with t
because the General Plan designates
Plan Area. The property is zone
automobile sales, hence this
Plan Policies LU-1.5 and LU-
an existing employer.
2. The design, location, si
be compatible with the e
wholesale aut
currently de
addition.
the W
City of
held on
nditional
because the
ditional Use
nction with a wholesale
obil �;� �r'-s lot complies with all
Code.
d any applicable specific plan,
within the Westside Specific
al, which conditionally allows
sal is also consistent with General
posal would create jobs and supports
characteristics of the proposed activity would
ure land uses in the vicinity, because the
Ile sales ill ''tilize both the site and industrial building as it is
d, except f provements within the building and a proposed carport
re, the 1.6-`cre lot far exceeds any minimum lot area requirement in
Plan.
3. Th - is cally'table for the type, density, and intensity of use being proposed,
cl ; acc utilities, and the absence of physical constraints because the proposal
mobile sales is on a property that is developed and previously used for
A proposed carport addition is the only expansion proposed to the building,
ady has access and utilities.
4. �w ting the permit would not constitute a nuisance or be injurious or detrimental to the
b interest, health, safety,convenience, welfare, or materiallyinjurious to persons,
p `�'� J
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, which 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.
Resolution No. 2017 — 162
August 15, 2017
Page Three
5. The proposed project has been reviewed in compliance with the California
Environmental Quality Act because 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 Conditi• �,� ",it is
approved subject to the following conditions:
General
1. This Conditional Use Permit authorizes wholesale auto
preparation (including detail), outdoor vehicle storage,
(optional equipment for new vehicles), and emplo
Except as required by conditions of approval,
with the project shall conform to Exhibit "A", Ca
10, 2016).
2. Before this Conditional Use Permit shal
owner both shall sign and have n
Department, acknowledging a
permit. Failure to return the s
receipt shall automaticall
submit evidence to the
on Real Property is reco
recording fees to the Cou
conditions imp
future intere
approved
record.
3. Wit
Building
ew car
stallation
00 Roosevelt Avenue.
mitte• •ermits associated
2016-1 CUP, dated September
;''the applicant and the property
ce Form provided by the Planning
ons imposed upon the approval of this
cceptance Form within 30 days of its
itional Use Permit. The applicant shall also
nning Department that a Notice of Restriction
ty Recorder. The applicant shall pay necessary
e of Restriction shall provide information that
by appr the Conditional Use Permit are binding on all present or
ers or esta . '•Iders of the property. The Notice of Restriction shall be
by the Ci Attorney and signed by the Deputy City Manager prior to
ys o''-pproval, pursuant to Fish and Game Code 711.4 and the California
ns, Title 14, Section 753.5, the applicant shall pay all necessary
g fees to the San Diego County Clerk. Checks shall be made payable to
and submitted to the National City Planning Department.
t shall become null and void if not exercised within one year after adoption of the
ution of approval, unless extended according to procedures specified in Section
.040 of the National City Municipal Code.
5. Plans submitted for improvements must comply with the 2016 edition of the California
Building, Electrical, Fire, Plumbing, and Mechanical Codes.
Resolution No. 2017 — 162
August 15, 2017
Page Four
Engineering
7. 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 will be required when a project - s submitted
for review of the City Departments. The checklist is available at the
Department. If it is determined that the project is subject to the "Pri
Permanent Storm Water BMP Requirements" and the City of N ater
Best Management Practices of the Jurisdictional Urban Run nee ram
(JURMP). The approved Standard Urban Storm Water Mi
documentation will be required prior to issuance of an mob"°'in permit.
The SUSMP shall be prepared by a Registered Civil
8. Abandoned driveway aprons shall be replaced b, g" nd sidewalks. Street
improvements shall be in accordance with C.
9. A permit shall be obtained from the Enment for all improvement work
within the public right-of-way.
Fire
'%wie 10. A fire sprinkler and alarm sy
code for this facility.
11. Prior to installation, an
ed, approved, installed, and tested to
e sprinkler and alarm system must be
submitted to and approve '_- Iepartment.
12. Plans submi ` improve ` must comply with the current editions of the California
Fire Codnd Nation- ire Protection Association ("NFPA").
13. In the event>that th
way on Hoover Avenue is abandoned, Fire Department
tur ground pi'vision all be provided consistent with CFC Appendix "D" (Fire
Y s2
�De. "' ment Access Roads).
Planning
14. The applicant must obtain a business license for this permit to be considered exercised.
15. The applicant shall submit a landscape and irrigation plan showing existing landscaping
and 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.
Resolution No. 2017 — 162
August 15, 2017
Page Five
17. This permit is approved for wholesale auto sales with accessory new car preparation,
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.
18. The new car preparation (including detail), outdoor vehicle storage, an
installation uses must remain accessory to a wholesale dealership.
business licenses shall be approved for these uses unless the
uses.
and trim
ow the
19. The business must maintain a wholesale dealer license h� or ' department
of Motor Vehicles ("DMV") at all times. Failure to main ` ch a ,;;`II constitute a
violation of the Conditional Use Permit.
20. Unless required for emergency access to the
shall be removed and converted to Iandscapin
shall be provided by Hoover Avenue.
e dri' .y on Hoover Avenue
-emergency ingress or egress
21. The subject business shall conform to ppli lo. state, and federal permitting
requirements for storage of any i- oci with the approved use.
BE IT FURTHER RE
and conclusive on the day follo
The time within which judicial
provisions of Code of Civil Proc
hi -solution shall become effective, final,
it meeting where this Resolution is adopted.
n may be sought is governed by the
94.6.
PASS end ADO th 15' day of August, 2017.
Ron Morrison, Mayor
ATTEST:
ty Clerk
APPRO "° AS TO FORM:
Angil P. Morris -Jones
City Attorney