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HomeMy WebLinkAboutResolution No 8-2013RESOLUTION NO. 8-2013 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A MARTIAL ARTS SCHOOL AT 340 W. 26TH STREET, SUITES G AND H. CASE FILE NO. 2013-05 CUP APN: 562-340-33 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for a martial arts schools at 340 West 26th Street, Suites G and H at a duly advertised public hearing held on March 18, 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. 2013-05 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 March 18, 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 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 and type of traffic generated by the proposed use, since the site has access to Hoover Avenue, a collector street, and Mile of Cars Way, an arterial street, which can accommodate the additional 109 average daily trips (AD T ). 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the use is contained within an existing building within an industrial park that provides adequate parking for the use. - 4. That the proposed use is deemed essential and desirable to the public convenience, since the school will provide a service (martial arts instruction) that is in demand by members of the community. 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 martial arts school at 340 W. 26th Street, Suites G and H. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2013-05 CUP, dated 2/27/2013. 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 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 Planning Departmentthat 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 hoiders 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. 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 ail 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 Land Use Code. Building 5. Any plans submitted for construction shall comply with the 2010 editions of the California Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and Green Codes 6. A building permit must be obtained for a change of occupancy and the minor electrical and ADA violations observed during a site inspection must be fixed prior to operation of the martial arts school. Fire 7. Any plans submitted for construction shall comply with 2010 edition of NFPA, 2010 edition of the CFC. 8. An occupancy Toad shall be provided by the National City Building Department to meet code. 9. If the occupancy load is 50 or greater, the requirements for panic hardware and illuminated green exits signs with emergency lights will be required. 10. Fire extinguishers shall be placed inside the building to meet California Fire Code requirements. Please call for direction on placement. 11.A 48-hour notice is required prior to required fire inspection. Planning 12.AII aspects of the school (training, exercising, etc.) shall be conducted within the building at all times. 13. Retail sales must be reasonably related to martial arts training and the retail function must remain accessory to the martial arts school. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE If 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 ine 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 March 18, 2013, by the following vote: AYES: Reynolds, Pruitt, Flores, DeLaPaz, Alvarado NAYS: None ABSENT: Baca, Bush ABSTAIN: None CHAIRPERSON