HomeMy WebLinkAboutResolution No. 15-2011RESOLUTION NO. 15-2011
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF NATIONAL CITY, CALIFORNIA,
APPROVING A CONDITIONAL USE PERMIT
FOR THE EXPANSION OF A PREVIOUSLY PERMITTED CHURCH USE AT 1341
EAST 8TH ST. SUITES A, B & C.
CASE FILE NO. 2011-14 CUP
APN: 557-092-17
WHEREAS, the Planning Commission of the City of National City considered a
Conditional Use Permit for the expansion of a previously permitted church use at 1341
East 8th St., Suites A, B & C, at duly advertised public hearing held on June 6, 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. 2011-14 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 June 6, 2011, support the following findings:
1. 1. That the site for the proposed use is adequate in size and shape, since the
use will take place in an existing commercial center with 31 dedicated off-street
parking spaces, which satisfies minimum Code requirements.
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 site is accessed from East 8th Street, an arterial road with a
capacity able to handle the 72 ADT generated by the use, and since church services
will occur at times of lesser traffic at the shopping center and on adjacent roads.
3. That the proposed use will not have an adverse effect upon adjacent or abutting
properties, since the use will take place in a commercial center, its doors face other
commercial uses and conditions require doors and windows to be kept closed during
services; therefore, there would be negligible noise issues.
4. That the proposed use is deemed essential and desirable to the public convenience
and welfare, since it will provide opportunities for its members and their guests to
attend religious services
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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 2,100 square -foot church use at an existing
shopping center at 1341 East 8th Street. Except as required by conditions of approval,
all plans submitted for permits associated with the project shall conform with Exhibit A,
case file no. 2011-14 CUP, dated 3/29/2011.
2. Within four (4) days of approval, pursuant to Fish and Game Code 711A 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.
Building
6. Plans submitted for construction shall comply with the 2010 editions of the California
Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and Green Codes.
Fire
7. 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.
8. All exits shall meet Fire and Building Code requirements. No exits and/or hallways
shall be blocked at any time.
9. Fire alarm and sprinkler control valves shall not be obstructed at any time. A
minimum clearance of 30 inches wide by 78 inches high shall be maintained with
clear access to all aisles to be required.
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10. No storage is permitted to be stacked closer than 24 inches from the ceiling (a
minimum of 18 inches below sprinkler heads).
Planning
11. Hours of church services shall be limited to Wednesdays between 7:00 p.m. and 9:00
p.m., and Sundays between 9 a.m. and 1:00 p.m. and between 6:30 p.m. and 8:30 p.m.
12. A minimum of three parking spaces per business shall be maintained for use by other
businesses that are open on Sundays during normal service times.
13. There shall be no more than 130 persons in the church at any time.
14. Noise levels shall not exceed those allowed in Title 12 of the National City Municipal
Code.
15. All doors and windows are to be kept closed during church services.
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 June 6, 2011, by the following vote:
AYES: DeLaPaz, Farias, Alvarado, Baca, Pruitt, Reynolds, Flores
NAYS:
ABSENT:
ABSTAIN:
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