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HomeMy WebLinkAboutPC Reso 2018-06 - CUP 1845 E. 12th StreetRESOLUTION NO. 2018-06 A RESOLUTION OF THE PLANNING COMMISS !ON OF THE CITY OF NATIONAL CITY, CALIFORNIA, APP R OVING A CONDITIONAL USE PERMIT FOR THE SUBSTITUTION OF A NONCONFORMING USE AT AN EXISTING B U ILDING LOCATED AT 1845 EAST 12TH STREET. CASE FILE NO. 2018-05 CUP APN: 557-280-36 WHEREAS, the Planning Commission of the Clty of Natic n:al City considered a Conditional Use Permit for the substitution of a nonconform i ng use at an existing building located at 1845 East 12th Street at a duly advertised public hearing hel d on March 19 , 2018 , at which time oral and documentary evidence w as presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2018-05 CUP maintai ned 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 p rocedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essentia l for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE'. IT RESOLVED by the Planning "Commission of the City of N~!ooai City , CR~rro mia, th2t the testimony and evidence presented to the Plannin g Commission at the public hearing held on March 19, 2018 , s upport the following findings : ~ . The proposed use i.s allowable within the applicable zonlng district pursuant to a Conditional Use Permit (CUP) and complies with all other applicable provisions of the Land Use Code, because the Land Use Code permits the conversion of a lawful nonconforming use to another lawful nonconforming use located on another site within the same zone subject·to a CUP . 2. The proposeq use is consistent with the General Plan and any applicable specific plan , because the proposed medical office use i s consistent with Goal .HEJ 6 and Policy HEJ 6-1 of the Health and Environmen tal Justice element of the General Plan, as it is both centrally located and within walking distance of an established single-family neighborhood and a newer condl ominium de'!elopment. ln addition, the property is not within a Specific Plan area. 3. The design, location, size, and operating characteristics o t the proposed activity would .be compatible with the existing and future land uses in the vicinity, because no expansion of the building is proposed; the proposal involves the conversion of an existing nonresidential building that will provide a needed service for the· surrounding community. In addition, use of the property will be less intense in nature than the previous church use. 4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence o f physical constraints, because the proposed medical office use is only expected to generate an additional 39 average daily trips, which can be accommodat ed by the existing road network. The conversion of a church to a medical office is not expected to increase the demand for parking on the property as less spaces are required for the new use and the previous use was adequately parked. 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the proposed use will be less intense than the previous use and will provide a needed service to the surrounding community. In addition, the proximity of the use to the established residential neighborhood will lessen the need for vehicle trips to the site. 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA), because staff has determined the proposed use to be categorically exempt from environmental review pursuant to Class 1 Section 15301 (Existing Facilities), for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit modificat!on authorizes the conversion of an existing 2,772 square-foot church to a medical office building ofthe same size, located at 1845 East 12th Street. Plans submitted for permits associated with this project shall conform to Exhibit A, case file no. 2018-05 CUP, dated 2/12/2018. 2. 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 Permij. The applicant shall a1so submit evidence to the satisfaction of the Planning Department 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 a!! 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 City Manager or assign pr!or to recordation. 3. Wrthin four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 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 the Municipal Code. 5. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. Building 6. Plans submitted for demolition or construction improvements must comply with the 2018 erittlo!"'!s of the Ga!ifom1a Bui!ctirm. E!eci:r!ra!, Pl umbi ng , Mech8nlc.~!; t3lnd Fi re Codes. Fire 7. Plans submitted for improvements must comply with the current editions of the California Fire Code (CFC), National Fire Pmtection Association (NFPA), and California Code of Regulations (CCR). Planning 8. Plans submitted for construction shall conform to Land Use Code Section 18.42.040 (Screening mechanical equipment and elevator housing), and 18.46 (Outdoor Lighting). 9. All existing 1andscaping and irrigation improvements shall remain and be maintained for the life of the project. 1 O. If a trash enclosure is deemed to be required in the future • plans submitted for construction permits shall show that a cover for the trash enc!osure be provided. 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 beco me 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 t he City Clerk prior to 5 :00 p .m . on the da y of that City Council meeting. The Cify 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 theii meeting of March 19, 2018, by the following vote: AYES : Quintero, Baca, Sendt, Yamane, Garcia NAYS: Dela Paz, Flores ABSENT: None. ABSTAIN : None.