HomeMy WebLinkAboutResolution No. 9-2013RESOLUTION NO. 9-2013
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF NATIONAL CITY, CALIFORNIA,
APPROVING A CONDITIONAL USE PERMIT TO ADD TWO GASOLINE PUMPS AT
AN EXISTING GAS STATION LOCATED AT 10 OSBORN STREET.
CASE FILE NO. 2013-06 CUP
APN: 555-020-29
WHEREAS, the Planning Commission of the City of National City considered a
Conditional Use Permit to add two gasoline pumps at an existing gas station located at 10
Osborn Street at a duly advertised public hearing held on Mareh 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. 2013-06 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
addition of new fueling stations can be adequately constructed on the lot with all
required setbacks.
2. That the site has sufficient access to streets and highways that are adequate in
width and pavement type to carry the increased volume and type of traffic
generated by the proposed use, since the gas station has multiple driveways on
three separate streets, including National City Boulevard/Osborn Street, which
has a Level of Service (LOS) of A, thus being able to handle the 640 additional
daily trips (ADT) generated by the extra dispensers.
3. That the proposed use will not have an adverse effect upon adjacent or abutting
proper -ties, since the gas station already exists, is located in a developed
commercial area, including other gas stations, and will not result in an appreciable
increase in traffic. Furthermore, the new fuel dispensers are proposed in an area
already developed with fuel dispensing stations.
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 the addition of two fueling stations, housing
four gasoline dispensers, at 10 Osborn Street. Except as required by Conditions of
Approval, all plans submitted for permits associated with the project shall conform with
Exhibit A, Case File No. 2013-06 DSP, CUP, dated 3/18/2013.
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
Division.
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.
4. This permit shah expire if the use authorized by this resolution is discontinued for a
period of 12 months or longer. This permit may also be revoked, pursuant to
provisions of the Land Use Code, if discontinued for any lesser period of time.
5. 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
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 Executive Director prior to recordation.
Building
6. Any plans submitted for construction shall comply with the 2010 editions of the
California Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and
Green Codes.
Fire
7. Any plans submitted for construction shall comply with the 2010 edition of the
California Fire Code and the 2010 edition of j i PA.
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 appeRI in writing is filed with the rib./ 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
ARSTAiN: None
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P'IlAIPPERSON