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HomeMy WebLinkAboutPC Resolution 8-2011RESOLUTION NO. 8-2011 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A COMMUNITY COLLEGE WITHIN AN EXISTING COMMERCIAL BUILDING AT 22 WEST 35TH STREET. CASE FILE NO. 2011-07 CUP APN: 562-310-72 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for a community college within an existing commercial building at 22 West 35th Street at duly advertised public hearing held on April 4, 2011, 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. 2011-07 CUP maintained by the City and incorporated herein by reference along with evidenceand 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 4, 2011, support the following findings: 1. 1. That the site for the proposed use is adequate in size and shape, since the proposed use will be within an existing building and since no expansion of the building is proposed. 2. That the site has sufficient access to National City Blvd., an arterial street and State Route 54, a freeway to accommodate the additional 140 average daily trips (ADT), and since no building expansion is proposed. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the use is contained wholly within an existing building and the use is consistent with an educational and/or office use which is permitted in the Heavy Commercial zone. 4. That the proposed use is deemed essential and desirable to the public convenience, since it will provide a service in need in the area among members of the community seeking to gain additional education. 5. That the granting of this Conditional Use Permit is consistent with and implements the Certified Local Coastal Program, since the project does not involve any land alterations and provides for a use on an existing commercially - zoned parcel in an area designated by the Local Coastal Program and the General Plan for such use. 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 a satellite community college campus at 22 West 35th Street. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2011-07 CUP, dated 2/17/2011. 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 Planning Division 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 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 Section 18.116.190 of the Municipal Code. Building 5. Plans submitted for construction shall comply with the 2010 editions of the California Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and Green Codes. Fire 6. The project shall be built to code. The National City Fire Department utilizes the 2010 edition of the California Fire Code and the 2010 edition of NFPA. Planning 7. Any expansion of the use approved by this permit beyond the area shown in approved plans shall require modification of this Conditional Use Permit. 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 April 4, 2011, by the following vote: AYES: Farias, Alvarado, Baca, Pruitt, Reynolds, Flores NAYS: ABSENT: DeLaPaz ABSTAIN: