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HomeMy WebLinkAboutResolution No. 19-2011RESOLUTION NO. 19-2011 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A THRIFT SHOP AT 241 NATIONAL CITY BLVD. CASE FILE NO. 2011-20 CUP APN: 556-101-15 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for a Thrift Shop at 241 National City Blvd. at a duly advertised public hearing held on July 18, 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. 2011-20 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 July 18, 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 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. 4. 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. 16 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 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. 10. Plans shall be submitted directly to the National City Fire Department through permit and payment. 17 Planning 11.AII merchandise shall be stored within the building and shall not be stored or displayed outside 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. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of July 18, 2011, by the following vote: AYES: DeLaPaz, Farias, Alvarado, Baca, Pruitt, Reynolds, Flores NAYS: ABSENT: ABSTAIN: 18