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HomeMy WebLinkAboutResolution No. 2021-03 CUP ResolutionATTACHMENT 3 RESOLUTION NO. 2021-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO OPERATE A CHURCH (IGLESIA DE CRISTO) LOCATED AT 322 HIGHLAND AVENUE CASE FILE NO. 2021-02 CUP APN: 556-127-05 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for the operation of a church at 322 Highland Avenue at a duly advertised public hearing held on April 19, 2021, 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. 2021-02 CUP 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 April 19, 2021, support the following findings: 1. The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, because the use is allowable within the Minor Mixed-Use Corridor (MXC-1) zone pursuant to a CUP, and is consistent with the General Plan and Land Use Code. 2. The proposed use is consistent with the General Plan, because General Plan Policy LU-4.3 promotes infill development, redevelopment, rehabilitation, and reuse efforts that contribute positive ly to existing neighborhoods and surrounding areas. 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 site is an existing commercial building that permits public assembly. 4. The site is physically suitable for the type, density, and intensity of the use being proposed, including access, utilities, and the absence of physical constraints, because the site is physically suitable for a church because it provides the required parking and would only be in use a limited amount of time outside of primary business hours, limiting potential traffic concerns. 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 potential noise from the church will not affect the surrounding properties due to conditions set within the permit requiring that doors and windows be shut during service and noise levels be in compliance with the City’s municipal code. In addition, granting the CUP will fill a long -standing vacancy and provide a public service. 6. The proposed project has been reviewed in compliance with CEQA because it can be seen with certainty that the project will not have a significant effect on the environment due to the project involving no new development and residing in an existing facility. 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 CUP. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes the operation of a church at 322 Highland Ave. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, case file no. 2021-02 CUP, dated 3/18/2021. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner shall both 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 prior to recordation. 3. 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. 4. 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. 5. This Conditional Use Permit may be revoked if the operator is found to be in violation of any Conditions of Approval. Planning 6. The operation of the church shall be permitted for Sundays between the hours of 10 a.m. and 1 p.m., Mondays between the hours of 7 p.m. and 9 p.m., Tuesdays between the hours of 7 p.m. and 8:30 p.m., Wednesdays between the hours of 7 p.m. and 9 p.m., Thursdays between the hours of 7 p.m. and 9:30 p.m., and Saturdays between the hours of 6:00 a.m. and 8 a.m. 7. All doors and windows shall remain closed during church services or other activities that may generate excessive noise. 8. All activities shall comply with the limits set forth in Table III of Title 12 (Noise) of the National City Municipal Code. 9. All parking spaces shall conform to minimum standards as contained in section 18.45 (Off-street loading and parking). Fire 10. Plans are to be designed, fabricated, and installed to code. 11. The project shall be in compliance with the current editions of NFPA, CFC, T itle 19, and the City of National City Municipal Codes. 12. Occupant load proposed (49) shall be maintained and not exceeded at any time. 13. The occupant shall request Fire Department official occupant load certificate prior to operation. 14. The occupant shall maintain all code requ ired paths of travel from inside of structure to outside of building at all times. Concentrated tables and chairs may not obstruct paths of egress or exit ways at any time. 15. Should any plan corrections be required, contractor must correct the plan and re - submit to the Fire Department for approval once again prior to installation . 16. The occupant shall obtain a business license prior to operation. 17. Requirements that are essential for the public safety of an existing or proposed activity, building or structure, or for the safety of the occupants thereof, that are not specifically provided for by this code, shall be determined by the Fire Official. 18. Where there is conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in a specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. 19. The Fire Code Official is hereby authorized to enforce the provisions o f this code and shall have the authority to render interpretations of this code, and to adopt policies, procedures, rules and regulations in order to clarify the application of its provisions. Such interpretations, policies, procedures, rules and regulati ons shall be in compliance with the intent and purpose of this code and shall not have the effect of waiving requirements specifically provided for this code. 20. Should any plan corrections be required, the contractor must correct the plans and re-submit to the Fire Department for approval prior to installation. 21. Approval for final sign-off shall be contingent upon final field inspection and compliance with all applicable codes and ordinances. 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.