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HomeMy WebLinkAboutCC RESO 2018-1120 RESOLUTION 2018 — 112 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR THE SUBSTITUTION OF NONCONFORMING USE AT AN EXISTING BUILDING LOCATED AT 1845 EAST 12TH STREET (APN: 557-280-36) WHEREAS, the Planning Commission of the City ofNational City considered Conditional Use Permit ("CUP") for the substitution of nonconforming use at an existing building, located at 1845 East 12th Street, at a duly advertised public hearing held on March 19, 2018, 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. 2018-05 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 March 19, 2018, re ommended the approval of the CUP based on the required findings and subject to conditions of approval; and WHEREAS, the City Council of the City of National City, at their meeting of April 3, 2018, considered the Planning Commission's recommendation, and after receiving public comment, voted to set the item for public hearing to receive a staff report, additional information, and public testimony in order to allow the Council to discuss and consider the matter further before rendering a decision; and WHEREAS, the City Council considered a Conditional Use Permit for the substitution of nonconforming use at an existing building located at 1845 East 12th Street at a noticed public hearing held on June 19, 2018, at which time oral and documentary evidence was presented;, 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 an advertised public hearing held on June 19, 2018 support the following findings: 1. The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit (CUP) and complies with all other applicable provisions of the Land Use Code, because the Land Use Code permits the conversion of a lawful nonconforming use to another lawful nonconforming use located on another site within the same zone subject to CUR . The proposed use is consistent with the General Plan and any applicable specific plan, because the proposed medical office use is consistent with Goal HEJ 6 and Policy HEJ - 1 of the Health and Environmental Justice element of the General Plan, as it is both centrally located and within walking distance of an established single-family neighborhood and a newer condominium development. In addition, the property is not within a Specific Plan area. ( Resolution No. 201 — 112 Page Two June 19, 2018 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 no expansion of the building is proposed; the proposal involves the conversion of an existing nonresidential building that will provide a needed service for the surrounding community. In addition, use of the property will be less intense in nature than the previous church use. . 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 medical office use is only expected to generate an additional 39 average daily trips, which can be accommodated by the existing road network. The conversion of a church to a medical office is not expected to increase the demand for parking on the property as fewer spaces are required for the new use and the previous use was adequately parked. . 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 less intense than the previous use and will provide a needed service to the surrounding community. In addition, the proximity of the use to the established residential neighborhood will lessen the need for vehicle trips to the site. . That the proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA), because staff has determined the proposed use to be categorically exempt from environmental review pursuant to Class 1 Section 15301 (Existing Facilities), 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 modification authorizes the conversion of an existing 2,772 square -foot church to an outpatient medical office building/medical facility of the same size, located at 1845 East 12th Street. Plans submitted for permits associated with this project shall conform to Exhibit "A", Case File No. 2018-05 CUP, dated February 12, 2018. 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 City Manager or assign prior to recordation. Resolution No. 201 — 112 Page Three June 19, 2018 3. Within four 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. 5. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. Building 6. Plans submitted for demolition or construction improvements must comply with the 2016 editions of the California Building, Electrical, Plumbing, Mechanical, and Fire Codes. Fire 7. Plans submitted for improvements must comply with the current editions of the California Fire Code (CFC), National Fire Protection Association (NAP , and California Code of Regulations (OCR). Planning 8. Plans submitted for construction shall conform to Land Use Code Section 18A2.040 (screening mechanical equipment and elevator housing), and 18.46 (Outdoor Lighting). 9. All existing landscaping and irrigation improvements shall remain and be maintained for the life of the project. 10. If a trash enclosure is deemed to be required in the future, plans submitted for construction permits shall show that a cover for the trash enclosure be provided. 11. Office hours for outpatient visitationshall be limited to the hours of 8:00 a.m. to 5:00 p.m., Monday to Friday. Administrative/office activities may occur outside of these hours. 12. Use of the medical facility as a drug rehabilitation or drug detoxification center is prohibited. 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. [Signature Page to Follow] F 11111 -40F.Adiedgie Resolution No. 2018 — 112 Page Four PASSED AND ADOPTED this 19th day of June, 2018. ATTEST: Mic ae1 R. Dana, ity Clerk APPROVED ED AS TO FORM: orris -Jones C tt+ rn y Morrison, Mayor Passed and adopted by the City Council of the City of National City, California, on June 19, 2018 by the following vote, to -wit: Ayes: Rios, Sotelo-SoUs, Morrison Nays: Cano, Mendivil Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California Michael R. Dalla City Clerk of the City of National City, California BY: Michael R. Dalla Michael I. Dalla, City Clerk