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HomeMy WebLinkAboutResolution No. 3-2013RESOLUTION NO. 3-2013 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE EXPANSION OF AN EXISTING CHURCH, INCLUDING THE CONSTRUCTION OF A NEW SCHOOL, WITH A REQUEST FOR A REDUCTION IN OFF-STREET PARKING AT 616 E. 8TH ST. CASE FILE NO. 2012-24 CUP APN: 556-492-24 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for the expansion of an existing church, including the construction of a new school, with a request for a reduction in off-street parking at 616 E. 8th Street at duly advertised public hearing held on February 4, 2013, 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. 2012-24 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 Iaw and City Iaw; 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 February 4, 2013, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the expansion of the building can be achieved within the design criteria required by the Land Use Code, and since the use is consistent with other uses in the area. 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 educational use is expected to produce 225 ADT (additional daily trips), which can be handled by East 8th Street — an arterial — operating at LOS B or C. 3. That approval of a reduction in parking based on a shared parking scenario is warranted, since the two uses are mutually exclusive and would not -occur at the same time; therefore, not needing to provide parking for both uses simultaneously. 4. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the majority of the use will continue to be indoors and that Conditions of Approval address potential noise issues from outside activities to mitigate or avoid these issues. 5. That the school is deemed essential and desirable to the public convenience and welfare, since it will provide additional education opportunities for elementary and middle school age children in National City. 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 7,388 square -toot addition to an existing church, including a 6-classroom K-8 school, with a reduction in required parking at the International Bible Baptist Church located at 616 East 8th Street. Except as required by Conditions of Approval, all plans submitted for permits associated with this project shall conform with Exhibit A, Case File No. 2012-24 CUP, dated 12/17/2012. 2. 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. 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 the Municipal Code. 4. 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 Department, 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 Executive 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 In of Restriction provide information that conditions Notice ti, estr,,.�„�„ shall provide ,, ,f�� � � "�.►�,..,, that ;,a�,w,Lions 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 Executive Director prior to recordation. Engineering 5. A Hydrology study (100 year flood) is required for the new project. The study should consider the proposed project area to the closest municipal storm drain collection point. The study should consider the adequacy of the existing storm drain system to convey any additional run off. All Hydrology study findings and recommendations are part of Engineering Department requirements. 6. The Priority Project Applicability checklist for the National Pollutant Discharge Elimination System (NPDES) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" ana the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURl111P) approved Standard Urban Storm Water Mitigation Plan (SUSMP) documentation will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 7. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations. 8. All surface run-off shall be treated with an approved Non-SUSMP Standard Permanent Storm Water Best Management Practice (BMP). No runoff will be permitted to flow over the sidewalk or driveway. Adjacent properties shall be protected from surface run-off resulting from this development.i�,� r+ plan shall submitted showing all of the proposed 9. A grading and drainage r.,�i� shale, be jib o�ti�r�g ail u< Er�v�rvo�. and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. A checklist for preparation of the grading planldrainage plan is available at the Engineering Department. 10.A sewer permit may be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right- of-way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 11. A soils engineering report shall be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. As a minimum, the parking lot pavement sections shall be 2 inch A.C. over 4 inch Class II aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-34. All soils report findings and recommendations shall be part of Engineering Department requirements. 12.AI1 existing survey monuments, including any benchmark, within the boundaries of the project shall be shown on the plans. If disturbed, a licensed land surveyor or civil engineer shall be shown on the pians. if disturbed, a licensed land surveyor or civil engineer shall restore them after completion of the work. A Corner Record shall be filed with the County of San Diego Recorder. A copy of the documents filed shall be given to the City of National City Engineering Department as soon as filed. 13. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 14.A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of a!I existing easements and the ownership at the property. 15.A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. 16.The existing sewer lateral(s) to the property shall be videotaped to determine the serviceability of the line. If the line needs to be replaced a sewer permit will be required. 17.The legal description of the property is not correct as shown on the title sheet. The property contains the Easterly 70 Feet of Lots 6 thru 10 of block 3 of Map 57 and Streets closed. Fire 18. Plans submitted for construction shall comply with the 2010 edition of the California Fire Code and the 2010 edition of the National Fire Protection Association Codes and Standards. 19.AII fire alarm, fire sprinkler, occupancy, and exiting plans shall be consistent with Fire Code requirements for an educational facility. Building 20. Plans submitted for construction shall comply with the 2010 editions of the California Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and Green Codes. Plans shall include seismic and wind load information for all awnings, fencing, and decorative/screening material to be installed on the roof. Planning 21. Unless otherwise specified by Conditions of Approval, all conditions contained in Planning Commission Resolution 14-95 shall continue to be in force. 22.Hours of operation for the school shall be limited to 8:30 a.m. until 2:30 p.m. Monday through Friday. Hours of operation for the church shall be limited to 6:30 p.m. until 8:00 p.m. on Wednesdays, and from 9:30 a.m. until 12:00p.m. and from 6:00 p.m. to 7:30 p.m. on Sundays. 23. No school services shaii be offered during the same operating hours of church services and other group activities. The uses shall remain mutually exclusive in an effort to continue to provide adequate parking for each use. 24. The multi -purpose room shall not be used for church services unless additional parkins is provided commensurate with Land Use Code standards for public assembly use. 25.AII parking spaces and driveway areas shall be permanently reserved for vehicle access and parking. Any non -vehicular activities (e.g., physical education) shall be conducted inside the building or within designated play areas. 26. The wood fence along the west property line shall be brought into good repair. All broken or warped boards shall be replaced and leaning posts shall be reset. 27. A1I activities occurring on the site shall comply with Title 12 (Noise) of the National City Municipal Code. In the event that an inordinate number of complaints are received from neighboring residential uses due to outside activities (e.g., playground, physical education), the Planning Department may require that a minimum six-foot high block wall or other noise -reducing medium be constructed to alleviate noise issues. 28.AII temporary structures must be removed from the property prior to occupancy of the expansion. 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 February 4, 2013, by the following vote: AYES: Reynolds, Baca, Pruitt, Flores, Alvarado, DeLaPaz NAYS: N/A ABSENT: N/A ABSTAIN: NIA 60L_co,_ CHAIRMAN