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HomeMy WebLinkAboutReso 8-99, CUP-1999-7RESOLUTION NO. 8-99 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A MARTIAL ARTS STUDIO AT 26 N. EUCLID AVENUE. APPLICANT: TROY RAWLS CASE FILE NO. CUP-1999-7 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for a martial arts studio at 26 N. Euclid Avenue at a duly advertised public hearing held on October 4, 1999 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. CUP-1999-7 which is maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; 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 4, 1999, support the following findings: That the site for the proposed use is adequate in size and shape, since sufficient space exists in the proposed suite to operate a martial arts studio for up to 15 students, and there is sufficient parking availability to accommodate the proposed use in the shopping center. 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 access to the property is provided along Euclid Avenue and Division Street, and the use is not expected to generate a significant amount of traffic. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since it will be conducted entirely within an enclosed building in a shopping center in a commercial zone. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the use will provide recreational and educational opportunities for members of the community. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. Plans submitted for Building Permits must comply with the 1998 California Building, Plumbing, Electrical, Mechanical Codes, and Title 24 energy and handicapped regulations. 2. Use of the property as authorized by this Conditional Use Permit shall be limited to a martial arts studio providing instruction for no more than 15 students at a time. 3. Before this Conditional Use Permit shall become effective, the applicant and property owner 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. 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 18.116.190 of the National City 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. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of October 18, 1999, by the following vote: AYES: UNGAB, VALDERRAMA, GODSHALK, PARRA, MARTINELLI lZRA -3 ABSENT: LARGE ABSTAIN: DETZER )'ed a Act CHAIRMAN