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HomeMy WebLinkAboutReso 24-2000, CUP-2000-23RESOLUTION NO. 24-2000 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A MARTIAL ARTS STUDIO AT 2505 E. DIVISION STREET, SUITE C. APPLICANT: MARCELINO DELEON. CASE FILE NO. CUP-2000-23. WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for a martial arts studio at 2505 E. Division Street, Suite C, at a duly advertised public hearing held on October 2, 2000, 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-2000-23 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 2, 2000, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the shopping center is large enough to accommodate a martial arts studio and the necessary parking area. 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 use will take place in an existing shopping center served by Euclid Avenue and Division Street, arterial streets. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since it will be conducted in an entirely enclosed building in an existing shopping center. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it 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. This Conditional Use Permit authorizes a martial arts studio with a limit of 20 students per class, in conformance with Exhibit A, Case File No. CUP-2000-23, dated October 2, 2000, and the following conditions of approval. 2. Plans submitted with any application for a building permit must comply with the 1998 California Building, Plumbing, Electrical, and Mechanical Codes and the California Title 24 handicapped and energy regulations. 3. The occupancy load shall not exceed 133 people, as determined by the Fire Department. 4. If the occupancy load is expected to exceed 50 people at any one time, exit doors must be opened in the direction of travel. 5. A minimum of one 2-A:10-B-C fire extinguisher is required on the premises. 6. Special Events such as "Belt Tests" shall be held on Saturdays only and shall not exceed the maximum occupancy load. 7. 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. 8. 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 16, 2000, by the following vote: AYES: UNGAB, PARKA, GODSHALK, VALDERRAMA, BACA, MARTINELLI, DETZER. NAYS: ABSENT: ABSTAIN: CHAIRMAN