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HomeMy WebLinkAboutPC Resolution 12-2011RESOLUTION NO. 12-2011 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR AN AUTO BODY AND PAINT FACILITY AT 2855 A AVENUE. CASE FILE NO. 2011-12 CUP APN: 562-160-08 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for an auto body and paint facility at 2855 A Avenue at duly advertised public hearing held on May 2, 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. 2011-12 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 May 2, 2011, support the following findings: 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. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 11 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 California 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 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 12 building does not meet these requirements, an approved fire sprinkler and fire alarm system will be required. 10.AII 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.AII 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 unless part of an approved clear coat product that is certified by the California Air Resources Board as having low volatile organic compounds (VOC). 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. 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. 13 CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of May 2, 2011, by the following vote: AYES: DeLaPaz, Farias, Alvarado, Baca, Pruitt NAYS: ABSENT: Reynolds, Flores ABSTAIN: CHAIR 14