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HomeMy WebLinkAboutReso 23-95, PD-1995-6RESOLUTION NO.23-95 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING MODIFICATION OF PLANNED DEVELOPMENT PERMIT- 1-1982 FOR EXPANSION OF A FAST-FOOD RESTAURANT AT 2140 EAST PLAZA BOULEVARD. APPLICANT: CONNIE GIFFEN FOR MCDONALD' S CORPORATION CASE FILE NO. PD-1995-6 WHEREAS, the Planning Commission of the City of National City considered a Planned Development Permit application for modification of Planned Development Permit-1-1982 for expansion of a fast-food restaurant at 2140 East Plaza Boulevard at the regularly scheduled Planning Commission meeting on October 16, 1995, 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. PD-1995-6, which is maintained by the City and incorporated herein by reference; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law 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 Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on October 16, 1995, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since there is adequate area for a 1,050 sq.ft. addition in accordance with all Land Use Code requirements. 2. That 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 site has frontage on both Plaza Boulevard and Grove Street from which access is provided. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed addition will enclose the play area and provide additional seating entirely within a building, thereby reducing potential noise impacts from the facility. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the children's play area and additional seating will be entirely within an air-conditioned building and protected from inclement weather conditions. 5. That such modification is necessary to protect the public interest and/or adjacent or abutting properties, since enclosing the play area in a building will allow for its use by customers regardless of weather conditions, and will reduce potential noise coming from the facility. BE IT FURTHER RESOLVED that the Planning Commission has considered the proposed Negative Declaration No. IS-1995-10 together with any comments received during the public review process, and finds on the basis of the Initial Study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment, approves the Negative Declaration, and authorizes the filing of a Notice of Determination. BE IT FURTHER RESOLVED that the application for Planned Development Permit is approved subject to the following conditions: 1. The construction must meet the requirements of the Uniform Fire Code. 2. Plans must comply with the current Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code, and State handicap and energy regulations at the time of submittal. 3. A sewer permit may be required. The existing method of sewer collection and disposal as well as the number of additional seats for the expansion shall be shown on the plans. 4. A damaged 34 ft. by 5 ft. section and a 5 ft. by 5 ft. section of sidewalk along 14th Street, as marked in the field, shall be replaced. 5. A damaged 4 ft. by 2 ft. section of sidewalk and a 14 ft. by 9 ft. section of the driveway apron, as marked in the field, shall be replaced. The sign post hole shall be filled in and the water meter box cover shall be replaced. 6. A 5 ft. by 5 ft. section of the damaged sidewalk along Plaza Boulevard, as marked in the field, must be removed and replaced. 7. A 25 ft. by 14 ft. section, a 19 ft. by 35 ft. section, and a 10 ft. by 40 ft. section of damaged A.C. pavement shall be removed and replaced along Grove Street. 8. A 15 ft. by 10 ft. section of damaged A.C. pavement and base along 14th Street, as marked in the field, shall be removed and replaced. 9. All dimensions specified in nos. 3 through 8 above are approximate and could be subject to change. 10. A new street light on 14th Street near its return with the westerly leg of Grove Street shall be installed. The light shall be per City standards. 11. The existing pedestrian ramps at the corners of Plaza Boulevard and Grove Street and at the corner of Grove Street and 14th Street shall be removed and replaced with standard ramps complying with ADA requirements. 12. The existing curb inlet on Plaza Boulevard shall be stenciled in accordance with the NPDES program requirements. 13. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way. 14. An inspection deposit and a performance bond is required prior to approval of the building permit. 15. A building permit shall not be issued until school fees are paid and a Certificate of Compliance is signed by Sweetwater Union High School District. 16. The owner shall obtain written verification from Sweetwater Authority that the Required Fire Flow can be met. If improvements are necessary to provide the required fire flow, the owner shall enter into an agreement with Sweetwater Authority to provide those improvements. 17. Graffiti resistant materials shall be applied to the exterior walls of building to a height of not less than 6 feet. Graffiti shall be removed within 24 hours of its observance. 18. A sign permit shall be obtained for proposed signs. 19. The approved landscape and underground irrigation plan for the site shall be submitted as part of plans for a building permit application. A note on those landscape plans shall indicate that any landscaping and/or irrigation equipment damaged during construction shall be replaced prior to issuance of the Certificate of Occupancy for the addition. 20. Except as required by conditions of approval, development plans shall be submitted for review and approval by the Planning Director in conformance with Exhibit A, Case File No. PD-1995-6, dated 8/4/95. The plans shall depict exterior building colors that match the existing restaurant. 21. Before this Planned Development Permit shall become effective, the applicant 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 Planned Development Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director 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 Planned Development Permit-1995-6 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 Planning Director prior to recordation. 22. Use of the property as authorized by this Planned Development Permit shall be limited to a fast-food restaurant with a play area as an incidental use. 23. 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 18.116.190 of the Municipal Code. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. 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. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of November 6, 1995, by the following vote: AYES: Martinelli, Flores, Large, Knutson NAYS: Godshalk ABSENT: ABSTAIN: Baca, Detzer CHAIRMAN