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HomeMy WebLinkAbout2020-07 CUP Dog Hours ResolutionRESOLUTION NO. 2020-07 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA APPROVING A CONDITIONAL USE PERMIT FOR COMMERCIAL RECREATION INDOOR (BASKETBALL GYM) TO BE LOCATED AT 1840 WILSON AVENUE CASE FILE NO. 2020-08 CUP APN: 559-101-02 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for a basketball gym for the property located at 1840 Wilson Avenue at a duly advertised public hearing held on July 20, 2020, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2020-08 CUP maintained by the City and incorporated herein by reference along with evidence a nd testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law. 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 July 20, 2020, support the following findings: 1. The proposed use is allowable within the applicable zoning district pursuant to a CUP and complies with all other applicable provisions of the LUC because Indoor Commercial Recreation is permitted in the CL zone, subject to a CUP, per Appendix A of the Westside Specific Plan, and the gym complies with all provisions of the LUC as discussed in the staff report. 2. The proposed use is consistent with the General Plan and any applicable specific plan because the General Plan refers to the Westside Specific Plan, which permits commercial recreation indoor with a CUP. 3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity because the proposed gym is located in a commercial zone that allows for such a use. A gym would help to create a neighborhood feel more than the previous industrial use. The limited size of the site and proposed one-on-one training assures that the number of people on-site would be limited. 4. The site is physically suitable for the type, density, and intensity in use being proposed, including access, utilities, and the absence of physical constraints because the site is capable of highly intensive uses and is proposed to be converted to a less intensive use in an existing building located on a property that has suitable access and utilities. 5. Granting the permit would not constitute a nuisance, 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 commercial recreation indoor use would not be injurious or detrimental to the public, as it is located in a commercial zone in and surrounded by uses that primarily operate during the day; the proposed gym would also operate during the day. All training will be conducted indoors to prevent impacts on neighboring uses. 6. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) because staff has determined that the proposed use is categorically exempt f rom a CEQA environmental review as defined in Categorical Exemption Class 1, Section 15301 Existing Facilities. BE IT FURTHER RESOLVED that the application for a Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes a basketball gym at 1840 Wilson 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. 2020-08 CUP, dated 6/9/2020). 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 Division, 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 Division 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 City Manager or assignee prior to recordation. 3. Within 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 Division. 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 18.12.040 of the Municipal Code. Building 5. Plans submitted for improvements must comply with the current edition of the California Building Codes. Fire 6. Project shall be designed to current Fire Codes. Planning 7. The gym shall be permitted only between the hours of 7:00 a.m. and 9:00 p.m. daily. 8. All training and gym-related activities must be conducted within the building. 9. All activities shall abide by the limitations contained in Table III of Title 12 (Noise) of the National City Municipal Code. 10. Any tournaments or public events would require a permitted Temporary Use Permit from the Neighborhood Services Division. 11. A business license shall be obtained before the business can operate. 12. Any necessary building permits for construction or demolition work in the suite shall be obtained from the Building Division prior to the work. 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