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HomeMy WebLinkAboutResolution No. 16-2011RESOLUTION NO. 16-2011 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A TATTOO & BODY PIERCING STUDIO AT AN EXISTING CLOTHING STORE IN WESTFIELD PLAZA BONITA. CASE FILE NO. 2011-15 CUP APN: 564-471-07 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for a tattoo & body piercing studio at an existing clothing store in Westfield Plaza Bonita at a 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. 2011-15 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. That the site for the proposed use is adequate in size and shape, since the proposed use will be within an existing commercial suite within a regional mall and since no expansion of the building is proposed. 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 proposed use is served by both Plaza Bonita Road and Sweetwater Road, arterial streets, and since tattoo and body piercing as an accessory use to a clothing store is not expected to increase the amount of traffic to the site. 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 other commercial uses within other commercial zones of the City. 4. That the proposed use is deemed essential and desirable to the public convenience, since it will allow the business to expand its services, thus increasing profitability and the chances for success. 9 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 tattoo and body piercing as an accessory use to a clothing store at Westfield Plaza Bonita. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2011-15 CUP, dated 4/7/2011. 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. 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 4. Plans submitted for construction shall comply with the 2010 editions of the California Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and Green Codes. Fire 5. 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. 6. All exits shall meet Fire and Building Code requirements. At no time shall the rear exit and interior store hallway be blocked. The rear exit shall have a clear path to allow for required exiting into a fire -rated evacuation hallway. 7. 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. 8. No storage is permitted to be stacked closer than 24 inches from the ceiling (a minimum of 18 inches below sprinkler heads). 9. No Fire Department Approval will be issued until existing "Fire Sprinkler and Fire Alarm" issues are resolved with "619 Underground Clothing". Planning 10 10. All tattooing activities shall conform with Chapter 9.54 of the National City Municipal Code and with Title 6, Division 6, Chapter 3 (commencing with Section 66.301) of the San Diego County Code of Regulatory Ordinances, as now in effect or as may hereafter be amended, as the regulatory provisions applicable to tattoo artists, tattoo parlors and mobile tattoo vehicles within the city of National City. 11. All tattooing and body piercing activities shall conform with Chapter 18.69 of the National City Land Use Code. 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 NAYS: Flores ABSENT: ABSTAIN: IR AN 11