HomeMy WebLinkAboutResolution No. 18-2011RESOLUTION NO. 18-2011
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF NATIONAL CITY, CALIFORNIA,
APPROVING A CONDITIONAL USE PERMIT FOR A
CERTIFIED NURSES ASSISTANT SCHOOL AT 2345 EAST 8TH STREET.
CASE FILE NO. 2011-19 CUP
APN: 557-162-05
WHEREAS, the Planning Commission of the City of National City considered a
Conditional Use Permit for a Certified Nursing Assistant School at 2345 East 8th Street
at a duly advertised public hearing held on June 20, 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. 2011-19 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 20, 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 building and since no expansion of the
building is proposed.
2. That the site has sufficient access to East 8th Street and Euclid Avenue, both
arterial streets, to accommodate the additional 48 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 Private
Institutional 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.
BE IT FURTHER RESOLVED that the application for Conditional Use Permit is
approved subject to the following conditions:
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General
1. This Conditional Use Permit authorizes a Certified Nursing Assistant school at 2345
East 8th 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. 2011-19
CUP, dated 5/9/2011.
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 Development Services Director 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.
7. A Group `B' building used for educational purposes shall be provided with a manual
or automatic fire alarm system. This provision shall apply to, but shall not
necessarily be limited to, every community college and university. Exception — a
privately owned trade or vocational school, or any firm or company which provides
educational facilities and instructions for its employees is not subject to this
requirement.
8. Approval for final sign -off shall be contingent upon final field inspection and
compliance with all applicable codes and ordinances.
Planning
9. The applicant shall provide proof of all local, state and/or federal permits necessary
for operation of the Certified Nursing Assistant School. Proof of said permits shall be
provided at time of business license issuance.
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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 20, 2011, by the following vote:
AYES: DeLaPaz, Alvarado, Baca, Reynolds, Flores,
NAYS:
ABSENT: Farias
ABSTAIN: Pruitt
C HAI AN
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