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Home My WebLink AboutCC RESO 2019-126RESOLUTION 2019 — 126 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR AN ADULT SCHOOL (INTERAMERICAN COLLEGE) IN SWEETWATER PLAZA SHOPPING CENTER LOCATED AT 1727 SWEETWATER ROAD SUITES 209-212. CASE FILE NO. 2019-07 CUP APN: 563-161-74 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for an adult school (Interamerican College) in Sweetwater Plaza Shopping Center located at 1727 Sweetwater Road, suites 209-212, at a duly advertised public hearing held on July 15, 2019, 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. 2019-07 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and WHEREAS, the Planning Commission at their meeting of July 15, 2019, recommended the approval of the CUP based on the required findings and subject to the conditions of approval; and WHEREAS, the City Council of the City of National City, at their meeting of August 6, 2019 voted to set the item for public hearing; and WHEREAS, the City Council of the City of National City considered a Conditional Use Permit for an adult school (Interamerican College) in Sweetwater Plaza Shopping Center located at 1727 Sweetwater Road, suites 209-212, at a duly advertised public hearing held on September 3, 2019, at which time oral and documentary evidence was presented; and WHEREAS, this action is taken pursuant to all applicable procedures required by State 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 that the testimony and evidence presented to the City Council at a public hearing held on September 3, 2019 support the following findings: 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 use is allowable within the Major Mixed -Use District zone per a Conditional Use Permit. Resolution 2019 — 126 Page Two 2. The proposed use is consistent with the General Plan and any applicable specific plan because General Plan Goal E-2 encourages greater opportunities for the City's residents to attend colleges and universities. 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 site for the proposed use is adequate in size and shape, since the proposed use will be within an existing commercial suite within a plaza and since no expansion of the building is proposed. 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 site has 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, since the proposed use is served by Sweetwater Road, an arterial street, and since the proposed hours of operation would offset the quantity of shared uses on the site. 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 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 seeking to gain a higher education. 6. The proposed project has been reviewed in compliance with the California Environmental Quality Act because Class 1, Section 15301 Categorical Exemption includes interior alterations such as interior partitions. 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 an adult college within suites 209-212 of the Sweetwater Plaza shopping center located at 1727 Sweetwater Road. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2019-07 CUP, dated 4/18/2019. Resolution 2019 —126 Page Three 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 Division, 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 Division 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 Development Services 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. BUILDING 5. Building Plans and permits shall meet the 2016 California Building, Mechanical, Electrical, Plumbing, Accessibility, Green, Energy and Fire Codes. FIRE 6. Project shall be designed to code. 7. The National City Fire Department utilizes all current codes and ordinances. Currently, we are using the 2016 editions of NFPA, CFC and the current edition of the CCR. 8. Fire sprinkler and fire alarm systems, shall be evaluated and installed for intended use per code. 9. Where there is conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in a specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. Resolution 2019 — 126 Page Four 10. The fire code official is hereby authorized to enforce the provisions of this code and shall have the authority to render interpretations of this code, and to adopt policies, procedures, rules and regulations in order to clarify the application of its provisions. Such interpretations, policies, procedures, rules and regulations shall be in compliance with the intent and purpose of this code and shall not have the effect of waiving requirements specifically provided for this code. 11. Should any plan corrections be required, contractor must correct the plan and re- submit to the Fire Department for approval once again prior to installation. PLANNING 12. The applicant shall provide proof of all local, state and/or federal permits necessary for operation of the college. Proof of said permits shall be provided at time of business license issuance. 13. This permit authorizes the college to operate from 5:30 p.m. to 10 p.m. Tuesdays, Thursdays, and every first and third Friday of the month. Staff has no time restrictions for being on campus. 14. This permit limits the occupancy of the college campus to five staff members and 60 students. 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. ATTEST: PASSED and ADOPTED this 3rd dala4Pg y of Septe b' sdwiii a A •jana/fgro 0-7 Michael R. I�'�rfla, City Clerk APPROVED AS TO FORM: is, Mayor Passed and adopted by the Council of the City of National City, California, on September 3, 2019 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Quintero, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS By: Mayor of the City of National City, California City Clerk of the City of National City, California Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2019-126 of the City of National City, California, passed and adopted by the Council of said City on September 3, 2019. City Clerk of the City of National City, California By: Deputy