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HomeMy WebLinkAboutPlanning Commission Staff ReportItem no. 3 July 18, 2011 CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Title: PUBLIC HEARING — CONDITIONAL USE PERMIT FOR A THRIFT SHOP AT 241 NATIONAL CITY BLVD. Case File No.: 2011-20 CUP Location: Northeast corner of National City Blvd. and East 3rd Street. Assessor's Parcel No: 556-101-15 Staff report by: Martin Reeder — Assistant Planner Applicant: Maria B. Ugarte Property owner: Bfc-Fashionwalk LLC Combined General Plan/ Zoning designation: Medium Commercial (CM) Parcel size: 0.36 acres Adjacent land use/zoning: North: Residential use / CM East: Residential use / RS-3-PD South: Commercial use / CM West: Restaurant commercial across National City Blvd. / CG-PD Environmental review: Not a project per CEQA 2 BACKGROUND Site Characteristics The project site is a 15,681 square -foot lot developed with an approximately 15,025 square -foot commercial building. The property has no on -site parking spaces and is located in the Medium Commercial (CM) zone. The property is also located within Development Zone 2 of the Downtown Specific Plan Area. The applicant is looking to occupy one of three suites at the subject property. The project location has approximately 4,300 square feet on the ground floor, with a large mezzanine above. The other two suites are a furniture store and a vacant commercial space respectively. There is a loading area behind the property accessible from A Avenue, which has historically had approximately six parking spaces. The area is no longer striped for parking and is separated from the street by a barbed wire -topped chain link gate and fence. Furthermore, this area is not accessible from within the subject suite. There are 13 angled parking spaces located on the north side of East 3rd Street, adjacent to the property, and parallel parking available on National City Blvd. Proposed Use The applicant proposes to operate a non-profit thrift store (The Journey Thrift Store) from 10 a.m. to 5 p.m. seven days a week in the front 2,800 square feet of the 4,300 square -foot ground level. The thrift store would function as a fund-raising operation of the Bilateral Safety Corridor Coalition (BSCC), whose offices are also proposed at this location. The BSCC's purpose is to bilaterally prevent and intervene in the commercial and sexual exploitation of men, women and children while advocating for all exploited persons. Analysis A non-profit thrift store is permitted in the CM zone with the issuance of a Conditional Use Permit (CUP). Specifically, the use is noted in Use Group 8 — Community, Cultural & Public Recreation Services — a conditionally -allowed use in the CM zone. As mentioned above, the property is located within Development Zone 2 of the Downtown Specific Plan Area. This zone allows for medium density multi -family residential use. Retail and other commercial uses are not permitted. However, given that the subject suite is part of a continually -occupied and existing building, commercial use may continue. The building was constructed in 1966. Subsequent building permits issued in the 1980's show six parking spaces on site (in the rear loading area). Current Code standards would require a minimum of 60 spaces for 15,025 square feet of commercial space. The suite is in the front of the building and only accessible from a door on National City Blvd. There is no direct access from the loading/parking area to the store; therefore, the 3 applicant will be relying on the 13 street spaces. However, the applicant has stated that most traffic to the store would be from neighborhood walk-up traffic. Comments were received from the Building Division and the Fire Department. The comments are included as Conditions of Approval and require permits for all work and compliance with applicable codes. Conditions have also been included to ensure that no items for sale or otherwise are stored or displayed outside the premises. Summary The proposed use of the property as a thrift store is consistent with the Land Use Code with the approval of a Conditional Use Permit. The potential impacts are minimal since the site is within an existing commercial area and parking is available adjacent to the suite. In addition, the use will provide funding for a community service. RECOMMENDATION Approve 2011-20 CUP subject to the conditions listed below, based on attached findings. ATTACHMENTS 1. Recommended Findings for Approval 2. Recommended Conditions of Approval 3. Location Map 4. Public Hearing Notice (Sent to 33 property owners) 5. Site Photos 6. Department and external agency comments 7. Exhibit A, Case File No. 2011-20 CUP, dated 6/15/2011 MARTIN REEDER Assistant Planner MARYAM BABAKI Development Services Director 4 RECOMMENDED FINDINGS FOR APPROVAL 2011-20 CUP, 241 National City Blvd. 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 streets and highways that are adequate in width and pavement type to carry the volume of traffic generated by the proposed use, since retail use was considered during the development of the site and the proposed use involves no expansion. 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 a commercial/retail use which is permitted in the Medium Commercial zone. That the proposed use is deemed essential and desirable to the public convenience, since it will help to fund a community service that offers help to underprivileged and neglected persons. 5 RECOMMENDED CONDITIONS OF APPROVAL 2011-20 CUP, 241 National City Blvd. General 1. This Conditional Use Permit authorizes a thrift store at 241 National City Blvd. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2011-20 CUP, dated 6/15/2011. 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. 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. Building plans and permits for tenant improvement are required prior to occupancy for all non -permitted and proposed construction. 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. Plans submitted for construction shall comply with the 2010 edition of the California Fire Code and the 2010 edition of NFPA. 7. A street number shall be placed on the building. The number shall be 10-inches in height with a 1-inch stroke. The numbers shall be of a contrasting color to the building. Placement shall be defined by fire official prior to placement. 8. Exit signs shall be placed in proper exit ways as defined by both the California Fire Code and California Building Codes respectively. All exit signs shall be green in color and contain emergency lighting with a 90 minute power back up for emergency purposes. 9. A fire alarm and/or fire sprinklers may be required as a result of future construction on building. 6 10. Plans shall be submitted directly to the National City Fire Department through permit and payment. Planning 11.AII merchandise shall be stored within the building and shall not be stored or displayed outside of the business. 2011-20 CUP —241 National City Blvd. — Thrift Store — Site Photos Store front looking east from National City Blvd. Interior of proposed thrift store 8 Stairway leading to mezzanine (office) 9 City of National City Fire Department Phone (619) 336-4550 Planning Department Plan Review Date: Project: Reviews: June 28, 2011 241 National City Blvd R. Hernandez/Fire Mars Listed plan corrections related to the National City Fire Department. If you have any questions please call (619) 336-4550. Please be advised: A fire Department permit will not be issued unless all corrections are completed and approved. 1) Project shall be operated and improved to code. 2) The National City Fire Department utilizes all current codes and ordinances. At time of submittal, the National City Fire Department is using the 2010 edition of the California Fire Code and the 2010 edition of NFPA. 3) Street number shall 10" in height with a 1" stroke. Numbers shall be of contrasting color to the building. Placement of number shall be defined by fire official prior to placement. 4) Exit signs shall be placed in proper exit ways as defined by both the California Fire Code and California Building Codes respectfully. All exit signs shall be green in color and contain emergency lighting with a 90 minute power back up for emergency purposes. 5) Fire alarm and or fire sprinklers may be required as a result of future construction on building. 10 4) Plans shall be directly submitted to the National City Fire Department through permit and payment Note: Approval for final sign -off shall be contingent upon final field inspection and compliance with all applicable codes and ordinances 11 CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 June 27, 2011 To: Planning Division From: Building Division Subject: Case File No. 2011-20 CUP 241 National City Blvd. Two site visits to the above referenced location revealed non -permitted construction. In addition, the location does not have accessible compliant bathrooms. Building plans and permits for a tenant improvement are required prior to occupancy of this location. The Building Division will require that the applicant apply all current building codes to the tenant improvement. These codes consist of the 2010 California Building, Plumbing, Mechanical and Electrical Codes. The building code covers all California Accessibility requirements and upgrades. If you have any questions please contact me at 619-336-4214, thank you. Luis Sainz Building Official 12 9oI, NATIONAL CITY POLICE DEPARTMENT May 25, 2011 Department of Justice Office of Victims of Crime Victim Services To Whom It May Concern: The National City Police Department has successfully been assisted by the Bilateral Safety Corridor Coalition in the recovery of several human trafficking victims. In this era of rapid transportation and information exchange facilitated by the Internet, international, commercial and sexual slavery have come to dominate the lives of tens of thousands of individuals worldwide -- mostly children and women. The Bilateral Safety Corridor Coalition provides a multi jurisdictional format for sharing and utilizing binational intelligence and strategies in the detection, intervention, training and victim assistance of these horrific crimes against humanity. The Bilateral Safety Corridor Coalition is currently applying for a victim services grant that helps to support their law enforcement by providing victim services. I am pleased to have the opportunity to express my support for the continued funding of this critical alliance. #3$0 Detective Steve Villariasa Desk: (619) 336-4490 Email: sillariasa@nationalcityca.gov Investigations Division 1200 National City Boulevard National City, CA 91950 (619) 336-4460/Fax (619) 336-4479 www.nationalcitypd.org 13 THE CITY OF SAN DIEGO June 3, 2011 Department of Justice Office of Victims of Crime Victim Services To Whom It May Concern: IN REPLYING PLEASE OWE OUR REF. NO. 1914000001 The San Diego Police Department, along with over 40 other agencies nationwide, is a member of the Bilateral Safety Corridor Coalition. In this era of rapid transportation and information exchange facilitated by the internet, international commercial and sexual slavery have come to dominate the lives of tens of thousands of individuals worldwide — mostly children and women. The Bilateral Safety Corridor Coalition provides a multi jurisdictional structure for sharing and utilizing bi-national intelligence and strategies in the detection and intervention of these horrific crimes against humanity. These grant funds will provide much needed training and victim assistance. The Bilateral Safety Corridor Coalition is currently applying for a Victims Services Grant that helps to support law enforcement activities by providing victim services. I am pleased to have the opportunity to express my support for the continued funding of this critical alliance. Sin Chief ofP.ice z.Fs DIVERSITY SAN DIEGO POLICE DEPARTMENT OFFICE OF THE CHIEF OF POLICE 1401 BROADWAY • SAN DIEGO, CALIFORNIA, 92101 PHONE:619531-2777 •FA)C 619 531-2530 14 U.S. Department of Justice Federal Bureau of Investigation In Reply, Please Refer to File No. 9797 Aero Drive San Diego, California June 20, 2011 Bilateral Safety Corridor Coalition 241 National City Blvd National City, CA 91950 Attn: Marisa Ugarte I am writing to thank you for your personal efforts, as well as those of your organization in assisting the FBI in combating human trafficking. For the past; several years, the BSCC has supported the Federal Bureau of',Investigation (FBI) by advising it's Special Agents and support!: staff in seeking the most effective methods when investigating Human Trafficking. The BSCC has also provided critical support to Human Trafficking victims in their time of need. As a Supervisory Special Agent of the San Diego Division of the FBI, I currently serve as the Division's Civil Rights Coordinator. One of the civil rights disciplines that the FBI investigates is Human Trafficking. These complex cases include victims which usually require testimony in a court proceeding. In view of this significant investigatory element, it is essential that law enforcement works in a complementary manner with Human Trafficking victims. As it relates to these victims, the knowledge and practical application that the BSCC has furnished in working with the FBI has proved to be invaluable. By associating with the BSCC, the FBI personnel have met leaders from community based organizations as well as numerous law enforcement personnel. As a result, strong working relationships have been established which have permitted the reception of referrals and subsequent initiation of investigations. In summary, the BSCC is a valued partner in law enforcement efforts to successfully investigate Human Trafficking cases and we look forward to working with you in the future. 15