HomeMy WebLinkAboutReso 3-2002 2001-19 CUPRESOLUTION NO.3-2002
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF NATIONAL CITY, CALIFORNIA,
APPROVING A CONDITIONAL USE PERMIT
FOR THE SALE OF ALCOHOL FOR ON -SITE
CONSUMPTION AT 1401 HIGHLAND AVENUE
APPLICANT: JAMES RUSHING FOR VFW POST 4630
CASE FILE NO: CUP-2001-19
WHEREAS, the Planning Commission of the City of National City considered a
Conditional Use Permit application for the sale of alcohol for on -site consumption at 1401
Highland Avenue at a duly advertised public hearing held on December 3, 2001 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-2001-19, 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 3, 2001, support the following findings:
That the site for the proposed use is adequate in size and shape, since the existing
3,825 square foot suite is large enough to accommodate the daily use of the local
VFW with roughly 230 members, a small percentage of whom visit the site on a
daily basis.
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 is not expected to significantly increase traffic volumes in the
area, and since the project site is accessed by Highland Avenue, an arterial.
3. That the proposed use will not have an adverse effect upon adjacent or abutting
properties, since the VFW will operate within an existing building in an area zoned
for more intensive commercial uses.
4. That the proposed use is deemed essential and desirable to the public convenience
and welfare, since the local VFW Post provides a valuable service to area veterans.
BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved
subject to the following conditions:
1. This Conditional Use Permit authorizes the sale of alcohol for on -site consumption for the
VFW at 1401 Highland Avenue. Except as required by conditions of approval, all plans
submitted for permits associated with the project shall conform with Exhibit A, Case File
no. CUP-2001-19, dated October 19, 2001.
2. A detailed landscape and irrigation plan shall be submitted showing planting and irrigation
of all existing planter areas in the front and side yard of the property. This plan shall reflect
the use of drought tolerant planting and water conserving irrigation devices. A final
inspection of all landscaping shall be required prior to issuance of the certificate of
occupancy.
3. 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 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 Planning Director prior to
recordation
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 Municipal Code.
5. All uses at the site, including special events, shall be conducted completely within the
building, with the exception of an outdoor cooking facility (barbecue), subject to site plan
review and approval by the Fire Department.
6. The existing dilapidated pole sign on Highland Avenue shall be repaired and used by the
applicant, or removed prior to occupancy.
7. Live music at the site shall conclude no later than 10 P.M. on weekdays and midnight on
weekends.
8. The existing drainage system located on the property and in the public right-of-way shall be
repaired.
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 Cleric 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 January
7, 2002, by the following vote:
AYES: VALDERRAMA, FLORES, PARKA, BACA, REYNOLDS, DETZER.
NAYS:
ABSENT:
ABSTAIN: UNGAB.
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