HomeMy WebLinkAboutPC Resolution 12-2013RESOLUTION NO. 12-2013
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A
PLANNED DEVELOPMENT PERMIT MODIFICATION,
CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT
FOR A PROFESSIONAL COLLEGE IN A RETAIL COMMERCIAL BUILDING
LOCATED AT 700 BAY MARINA DRIVE.
CASE FILE NO. 2013-07 PD, CUP, CDP
APN: 559-160-33
WHEREAS, the Planning Commission of the City of National City considered a
Planned Development modification, Conditional Use Permit, and Coastal
Development Permit for a professional college in a retail commercial building located at 700
Bay Marina Drive at a duly advertised public hearing held on May 20, 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. 2013-07 PD, CUP, CDP 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 May 20, 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 Bay Marina Drive, an arterial street operating at a
Level of Service (LOS) of A, and interstate 5, a freeway, to accommodate the
additional 300 average daily trips (ADT), and since no building expansion is proposed.
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.
4. That the proposed use is deemed essential and desirable to the public convenience,
since it will provide a service in need in the area among members of the community
seeking to gain additional education.
5. That the granting of this Planned Development Permit modification, Conditional Use
Permit, and Coastal Development Permit is consistent with and implements the
Certified Local Coastal Program, since the project has the potential to result in
opportunities for tourist -related ancillary activities that are related to a tourism -related
use, does not involve any land alterations, and provides for a use on an existing
commercially -zoned parcel in an area designated by the Local Coastal Program and
the General Plan for such use.
BE IT FURTHER RESOLVED that the application for Conditional Use Permit is
approved subject to the following conditions:
General
1. This Planned Development Permit modification, Conditional Use Permit, and Coastal
Development Permit authorizes the temporary removal of Condition N. 55 of Planning
Commission Resolution 24_2005, and a professional ,collage at 7r�0 Ray Marina Dr!va
Except as required by conditions of approval, all plans submitted for permits associated
with the project shall conform to Exhibit A, case file no. 2013-07 PD, CUP, CDP, dated
3/7/2013. Condition of Approval No. 55 shall be reinstated at the expiration of this permit
as stated in Condition No. 14.
2. Unless specifically modified by this resolution, all previous Conditions of Approval as
stated in Planning Commission Resolution 24-2005 are still in effect.
3. iniithin 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 Land
Use Code.
5. Before this Planned Development Permit modification, Conditional Use Permit, and
Coastal Development 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
these permits. Failure to return the signed and notarized Acceptance Form within 30
days of its receipt shall automatically terminate said permits. The applicant shall also
submit evidence to the satisfaction of the Planning Department 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 Planned Development Permit
modification, Conditional Use Permit, and Coastal Development 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. Plans sruhmittert for improvements mast r_.nmply with the current ed tinns of the California
Building Code, the California Mechanical Code, the California Plumbing Code, the
California Electrical Code, and California Title 24 energy and handicapped regulations.
Fire
7. Plans submitted for improvements must comply with the current editions of the 2010
edition of NFPA and 2010 edition of the CFC.
8. Occupancy load calculations shall be provided by the National City Building Division to
ensure the project meets code.
9. If occupancy load is 50 or greater, panic hardware and illuminated green exits signs with
emergency lights will be required.
10. Exit doors required for intended use of business shall be evaluated by the Building
Department for adequate exiting and ADA requirements.
11. Fire extinguishers shall be placed inside building to meet California Fire Code
requirements. Please call for direction on placement.
12. Fire sprinkler and fire alarm plans shall be directly submitted to the National City Fire
Department. Permits and fees shall apply.
13. 48 hours' notice is required prior to required fire inspection.
Planning
14. Approval of this Conditional use Permit expires ten (10) years after adoption of the
resolution of approval at 6:00 p.m. (per applicant's request).
15. The number of students shall be limited to no more than 50 per session (e.g., morning,
afternoon, evening).
16. The Owner/Developer shall defend, indemnify, protect, and hold harmless the City, and
any of its' agencies, departments, officers, officials, employees, or agents, from any and
al! claims, actions, suits, proceedings, liabilities, or judgments against the City or any of
its' agencies, departments, officers, officials, employees, or agents, to attack, set aside,
void, or annul, any approval of the City, or its' agencies, departments, advisory
agencies, appeal board, or Legislative body, concerning the project and the approvals
and entitlements granted herein.
17. Any expansion of the use approved by this permit beyond the area shown in approved
plans shall require modification of this Conditional Use Permit.
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 May 20, 2013, by the following vote:
AYES: DeLaPas, Bush, Alvarado, Flores, Baca, Pruitt, Garcia
NAYS:
ABSENT:
ABSTAIN: dL_
CHAIRPERSON