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HomeMy WebLinkAboutReso 13-99, CUP-1999-8RESOLUTION NO. 13-99 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A RESTAURANT AT 2127 WILSON AVENUE ADJACENT TO A RESIDENCE IN THE MLR ZONE APPLICANT: NATIVIDAD DOMINGUEZ CASE FILE NO. CUP-1999-8 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for a restaurant at 2127 Wilson Avenue adjacent to a residence in the MLR zone at a duly advertised public hearing held on December 6, 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-1999-8, 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 December 6, 1999, support the following findings: 1. The site proposed is adequate in size and shape, since the since the proposed use will take place on a 7,800 square foot parcel which provides ample space for parking and landscaping to accompany the restaurant. 2. 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 Wilson Avenue, a collector street with sufficient capacity to handle traffic to the site. 3. The proposed use will not have an adverse effect upon adjacent or abutting properties, since the neighborhood is primarily industrial in nature and landscaping and physical elements will be provided to buffer the use from the adjacent residential use. 4. The proposed use is deemed essential and desirable to the public convenience and welfare, since it will provide opportunities to purchase products that are in demand among consumers. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. A grading and drainage plan shall be submitted to the Engineering Department showing all of the proposed and existing on- and off -site improvements. The plan shall be prepared by a Registered Civil Engineer or other qualified professional, and shall be in accordance with City requirements. 2. All surface runoff, including landscaping adjoining the public right of way, shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface runoff as a result of this development. 3. The property owner or its successors and assigns shall be responsible for the maintenance, repair, or reconstruction of all irrigation and landscaping improvements installed within the public right-of-way, and shall adjust the sprinkler heads so as to prevent overspray upon the public sidewalk or streets. The proposed sprinkler heads shall be installed behind the sidewalk, and the irrigation mainline upon private property only, as required by the City. The property owner, its successors or assigns shall remove and relocate all irrigation items from the public right-of-way at no cost to the City and within a reasonable time frame upon written notification by the City Engineer. 4. For PVC irrigation lines in the public right-of-way, a metallic identification tape shall be placed between the bottom layer of the finished surface and the top of the lines. 5. A sewer permit may be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be six inches in size with a clean -out, unless otherwise approved. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 6. All existing survey monuments, including any benchmark within the boundaries of the project shall be shown on the plans. If disturbed, they shall be restored by a licensed land surveyor or civil engineer after completion of the work. A Corner Record shall be filed with the County of San Diego Recorder. A copy of the documents filed shall be given to the National City Engineering Department. 7. The proposed inlet on the property shall be provided with a "No Dumping" tile in accordance with the NPDES program. 8. The unused driveway shall be removed and replaced with a full height curb and sidewalk. All driveways (new and existing) shall be shown on the plans. 9. A permit shall be obtained from the Engineering Department for all improvement work in the right-of-way and grading construction on private property. 10. A cost estimate shall be submitted to the Engineering Department with the plans. A performance bond equal to the approved cost estimate for all of the proposed grading, drainage, street improvements, and retaining wall work shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time plans are submitted. The deposit is subject to adjustment. 11. Plans must comply with the 1998 California Building, Plumbing, Electrical, and Mechanical Codes, and Title 24 Energy and Handicapped regulations. 12. There shall be direct exiting from the patio area. 13. A fire protection system will be required for the cooking area. 14. A trash enclosure shall be provided in accordance with City standards. It shall have a stucco finish and be painted to match the building. 15. A block wall shall be provided to screen the property from the residential use to the north. The wall shall have a stucco finish and be painted to match the building. 16. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water -conserving irrigation devices. 17. 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 -Revised, case file no. CUP-1999-8, dated Nov. 16, 1999. 18. 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 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 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 Planning Director prior to recordation. 19. Use of the property as authorized by this Conditional Use Permit shall be limited to a restaurant. 20. 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. 21. Business hours shall be no earlier than 7:00 a.m. and no later than 10:00 p.m. daily. 22. The property owner shall submit a letter to the Sweetwater Authority stating fire flow requirements. The owner shall enter into an agreement with the Authority for any water facility improvements required for the proposed restaurant. 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 December 6, 1999 by the following vote: AYES: UNGAB, VALDERRAMA, GODSHALK, MARTINELLI, DETZER. NAYS: ABSENT: PARRA . ABSTAIN: