HomeMy WebLinkAboutResolution No. 2-2013RESOLUTION NO. 2-2013
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF NATIONAL CITY, CALIFORNIA,
APPROVING A CONDITIONAL USE PERMIT FOR A
CHARTER SCHOOL IN WESTFIELD PLAZA BONITA SHOPPING CENTER
LOCATED AT 3030 PLAZA BONITA ROAD, SUITE 1000.
CASE FILE NO. 2012-25 CUP
APN: 564-471-07
WHEREAS, the Planning Commission of the City of National City considered a
Conditional Use Permit for a Charter School in Westfield Plaza Bonita Shopping Center
located at 3030 Plaza Bonita Road at a duly advertised public hearings held on January
14 and 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. 2012-25 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 hearings held on January 14 and February 4, 2013, 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 mail 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 a charter school is not expected to
appreciably 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 since
the use is consistent with other uses within other shopping malls in San Diego
County.
4. That the proposed use is deemed essential and aesirable to the public
convenience, since it will provide a service in need in the area among members of
the community seeking to gain a high school education.
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 Charter School for 7th to 12G`' Grade students
within suite 1000 of the Westfield Plaza Bonita shopping center located at 3030 Plaza
Bonita Road. Except as required by conditions of approval, all plans submitted for
permits associated with the project shall conform to Exhibit A, Case File No. 2012-25
CUP, dated 12/3/2012.
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 Pianning 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 Lise 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 the
Municipal Code.
Building
v. 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 ed tion of NFPA.
Planning
7. The applicant shall provide proof of all local, state and/or federal permits necessary
for operation of the Charter School. Proof of said permits shall be provided at time
of business license issuance.
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
MAYS: N/A
ABSENT: N/A
ABSTAIN: N/A
CHAIRPERSON