HomeMy WebLinkAboutPlanning Commission Staff ReportTitle:
Item no. 2
May 2, 2011
CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT
1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950
PLANNING COMMISSION STAFF REPORT
PUBLIC HEARING — CONDITIONAL USE PERMIT
FOR AN AUTO BODY AND PAINT FACILITY AT
2855 A AVENUE.
Case File No.: 2011-12 CUP
Location: East side of A Avenue, between 28th and 30th Streets
Assessor's Parcel No.: 562-160-08
Staff report by: Martin Reeder — Assistant Planner
Applicant: Glenn A. Loader
Property'owner: Marruenda Manuel Living Trust
Combined General Plan/
Zoning designation: Heavy Commercial (CH)
Parcel size: 0.6 acres
Adjacent land use/zoning:
North: Parking Lot / CH
East: Vacant land / RS-3-PD
South: Office building and private garage / CH
West: Vacant auto sales lot across A Ave / CA-PD
Environmental review: Exempt pursuant to CEQA Section 15301 (Existing
Facilities)
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BACKGROUND
Site characteristics
The project location is a 26,000-plus square -foot property in the Heavy Commercial
(CH) zone. The parcel is located on the east side of A Avenue, north of 30th Street. The
property sits adjacent to a small canyon running east to west from D Avenue south of
28th Street to A Avenue north of 30th Street. The lot is developed with an 8,500 square -
foot building. The first floor of the 'L-shaped building has some office space and a
bathroom but is mostly open in nature, having previously been a manufacturing use.
There is a partial second floor which houses offices and a bathroom. There are 12
parking spaces on site, which are located along the southerly property line. The
previously permitted use at the property was Fiesta Pacific Products, a beverage
company. The building is currently unoccupied.
Proposed use
The applicant has an existing auto body and paint facility at 2800 National City Blvd.,
on the same property as Westcott Mazda; `Glenn's Body Shop on the Mile' is looking to
relocate to the subject property on A Avenue. The proposed operating hours of the
facility are 8:00 a.m. to 5:00 p.m. Monday to Friday. The whole building would be
utilized for the auto body use, with approximately 2,495 square feet of the building used
for office use and the remainder for automotive body repair and painting. The applicant
has stated that only water -based paints would be used. Machinery used on site would
be limited to a paint booth at first, with a frame machine in the future once business
allows. Approximately four employees would staff the facility.
Analysis
Glenn's Body Shop on the Mile has been in business in National City for approximately
three years, although the applicant has over 30 years experience in the auto refinishing
industry at area dealerships. There are no records of any code conformance issues at
the previous location.
Nearby uses include other auto -related uses, including the former San Diego Dodge
dealership and other dealers, some of which perform accessory auto repair and
refinishing activities. Furthermore, the lot adjacent to the south is used as a private
garage for off -road vehicles. However, it should be noted that this facility is specifically
permitted for auto repair, not auto refinishing (paint, etc).
The proposed use is consistent with both the General Plan and Land Use Code as auto
body repair is allowed by right and auto painting is conditionally allowed in the Heavy
Commercial zone. However, the location is close to a residential area. The nearest
residence is approximately 100 feet away to the north-northwest, although the property
on which the house is located is directly adjacent the rear of the subject property. The
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rear of the residential lot slopes down into the nearby canyon behind the project area.
However, the applicant has stated that the facility will be using water -based than
solvent -based paint, reducing the emission of airborne pollutants. Water -based paint
emits little or no hazardous air pollutants (HAPs).
Although there is no distance requirement in the Land Use Code for auto body and
paint facilities, the California Air Resources Board (CARB) requires additional public
noticing requirements for facilities applying for a CARB permit within 1,000 feet of a
school. In this case the facility is within 1,000 feet of Sweetwater Union High School.
As part of the City's current General Plan update (GPU), there is a specific section
geared towards Health and Environmental Justice. Draft GPU Policy HEJ-2.1 states the
following:
Avoid land use conflicts by ensuring residential, public assembly, and other sensitive
land uses are adequately buffered from industrial land uses that may pose a threat to
human health, where feasible.
This policy is based on the standard assumption that auto painting facilities are using
solvent -based paints and are not effectively preventing particulate matter from getting
into the air. With the conditions of approval requiring compliance with Best Available
Control Technology and Best Management Practice regulations, as required by the
Environmental Protection Agency, these effects should be significantly reduced.
Additionally, the use is proposed completely within an existing and enclosed building,
providing a buffer from the adjacent residential property. The GPU is still in the draft
stage and has not been approved by either the Planning Commission or City Council.
Design
The interior space will be used to repair and paint the vehicles in three stations. The
proposed layout of the suite is a basic open design allowing easy maneuvering of
vehicles between stations. The vehicles would be rolled outside and into the area next
door. There would be separate areas for repair, paint preparation and painting itself.
The 2,495 square -foot office area (two floors) is located at the west end of the building
nearest A Avenue. The fenced parking lot will be used for customer and employee
parking and will be locked after hours.
With the exception of repaired vehicles waiting to be picked up, all damaged vehicles
are intended to be stored inside the building. The applicant has a contract with a towing
company (Moynahan Towing) that stores vehicles at a separate yard prior to delivery to
the auto body and paint facility, thus no vehicles will be delivered to the property after
hours. A Condition of Approval has been added requiring that all inoperable and/or
damaged vehicles shall be stored on the property and not on City streets.
Parking/Hours of operation
Section 18.58.290 of the Land Use Code requires one parking space for every 800
square feet of leased area for employee and visitor parking. An 8,500 square -foot
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building this would require 11 spaces — 12 spaces exist. A condition has been added to
require the minimum number of spaces be maintained for parking use.
Section 18.72.030 of the Land Use Code regulates auto painting, requiring that all
activities occur completely within a building and limits hours of operation. Hours for an
auto painting use adjoining a residential area are restricted to between 8:00 a.m. and
6:00 p.m. daily (excluding Sundays). The proposed operating hours of 8:00 a.m. to 5:00
p.m. Monday to Friday are consistent with this requirement. Other Code requirements
for auto uses require screening of repair uses, which the proposal also provides.
Permit requirements
In order to operate an auto body and paint facility, applicants must obtain multiple
permits from county and state agencies. These permits are to ensure compliance with
health, air quality and toxic materials regulations. Permits from the following five
agencies will be required if the Conditional Use Permit is approved and will be required
to be obtained prior to business license issuance.
• County of San Diego Department of Environmental Health
• County of San Diego, Air Pollution Control District
• California Department of Toxic Substances Control
• California Department of Consumer Affairs, Bureau of Automotive Repair
• California State Board of Equalization
Conditions of Approval
Comments on the project were received from the Building Division and Fire
Department. Their remarks require compliance with current Building and Fire codes.
These comments have been included as Conditions of Approval. Additional conditions
requiring all repair/paint activities to occur inside the building also included.
As part of the routing for this proposal, the Environmental Health Coalition (EHC) was
also requested to comment. In general, EHC does not support the project given that it
is close to a residential neighborhood. They strongly recommend that there be a
minimum 500-foot distance between auto body facilities and residential neighborhoods,
which this proposal does not meet. EHC also suggested conditions of approval for
consideration should the CUP be approved. These conditions include compliance with
Environmental Protection Agency (EPA) standards. The conditions recommended are
either incorporated by the proposed layout, included in the Conditions of Approval, or
are already addressed by City Ordinances or county, state and federal codes. The
comment letter from EHC is attached. The suggested conditions include:
• Best Available Control Technologies for emission control (EPA)
• Best Management Practices for auto body and paint facilities (EPA)
• Required county, state or federal permits
• Vehicle storage and parking limitations
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These conditions of approval are consistent with those required of Caliber Collision,
approved in 2008. Conditions 11 through 19 refer specifically to performance standards
for the proposed facility.
Summary
The proposed auto refinishing use is consistent with current General Plan and Land Use
Code requirements with the issuance of a Conditional Use Permit. Current regulations for
auto refinishing facilities as regulated by local, state and federal agencies are very stringent
compared to previous years, with the advent and requirement for the use of water -based
paints. With Conditions of Approval requiring compliance with EPA Best Available Control
Technology and Best Management Practice regulations, the facility will be able to
function efficiently and without significantly affecting nearby residential areas.
RECOMMENDATION
1. Approve 2011-12 CUP subject to the conditions listed below, based on attached
findings; or
Deny 2011-12 CUP based on attached finding/findings to be determined by the
Planning Commission; or
3. Continue the public hearing to a specific date.
ATTACHMENTS
1. Recommended Findings for Approval/Denial
2. Recommended Conditions
3. Location Map
4. EHC comments
5. Notice of Exemption
6. Public Hearing Notice (Sent to 12 property owners)
7. Site Photos
8. Applicant's Plans (Exhibit A, case file no. 2011-12 CUP, dated 3/17/2011)
MARTIN REEDER
Assistant Planner
ARYAM B : 1
Development Services Director
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RECOMMENDED FINDINGS FOR APPROVAL
1 That the site for the proposed use is adequate in size and shape, since the
business will be able to operate completely within an existing 8,500 square -foot
building on a more than half -acre property.
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 business has nearby access to 30th Street and National City
Blvd., arterial streets, both of which are able to accommodate the minor increase in
traffic generated by the proposed use.
3. That the proposed use will not have an adverse effect upon adjacent or abutting
properties, since the area is in a heavy -intensity commercial zone (CH), is partially
surrounded by other auto -related uses and undeveloped land, and since all required
county and state permits with regard to air quality, toxic materials and environmental
health will be obtained and maintained for the duration of business operation.
RECOMMENDED FINDING FOR DENIAL
1. That the proposed use will have an adverse effect upon adjacent or abutting
properties, since the property is located immediately adjacent to a developed
residential property and is close to an established residential community.
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RECOMMENDED CONDITIONS OF APPROVAL
General
1. This Conditional Use Permit authorizes an 8,500 square foot automotive body repair
and paint facility to operate at 2855 A 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. 2011-12 CUP, dated 3/17/2011.
2. 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.
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
Section 18.116.190 of 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. 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 Development
Services 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 Development Services Director prior to recordation.
6. Before this Conditional Use Permit shall become effective and prior to issuance of a City
business license, the applicant shall show proof of all necessary permits from the
following county and state agencies: County of San Diego Department of
Environmental Health; County of San Diego, Air Pollution Control District; State of
California Department of Toxic Substances Control; State of California Department
of Consumer Affairs, Bureau of Automotive Repair and Califomia State Board of
Equalization.
Building
7. Plans submitted for construction shall comply with the 2010 editions of the California
Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and Green Codes
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Fire
8. 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.
9. Contact shall be made with the Building Division to determine that the building
meets California Building Code requirements for separation of structures. If the
building does not meet these requirements, an approved fire sprinkler and fire alarm
system will be required.
10. All paint spray booths shall have an approved and installed fire extinguishing
system to be approved by the Fire Department.
Planning
11. A minimum of 11 parking spaces shall be maintained for general parking use at all
times.
12. All inoperable and/or damaged vehicles submitted for repair shall be stored on the
property and not on City streets. No vehicle sales shall be allowed on the property.
13. The applicant shall install and use a preparation room with proper filtration and
ventilation, a paint mixing room with proper filtration and ventilation, and a spray
booth or spray booths with proper filtration and ventilation.
14.AI1 auto refinishing activities shall occur completely within the building. All doors
shall be kept closed during repair, sanding and painting activity.
15. The applicant shall use all water -based paints and coatings to limit emissions and
worker exposure. No solvents shall be used.
16.Applicant shall limit all non -office operations at facility to the hours 8:00 a.m. to 6:00
p.m. daily excluding Sundays.
17. The proposed facility must be built and maintained using Best Available Control
Technology to control emissions and exposure of workers and nearby residents.
"Best Available Control Technology" is defined by the EPA as "the currently
available technology producing the greatest reduction of air pollutant emissions,
taking into account energy, environmental, economic, and other costs."
18. The proposed facility must use all best practices for auto body and paint shops as
specified by the US Environmental Protection Agency's Design for the Environment
program. These practices refer to the sanding, paint mixing, spray painting, hazard
notification, respiratory equipment, and workplace safety at the facility. For
reference, the applicant can refer to the following webpage:
http://www. epa.gov/opptintr/dfe/pubs/auto/trainers/index. htm
19. The applicant will take adequate measures to prevent or control offensive odor, fumes,
dust, noise, and vibration so that none of these will constitute a nuisance to neighboring
or nearby properties.
20. The applicant will require that all employees attend workplace safety training within 12
months of the opening of the business.
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