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HomeMy WebLinkAboutPC Reso 20-2013RESOLUTION NO. 20-2013 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A NEW FAST FOOD RESTAURANT TO BE LOCATED AT 2100 HIGHLAND AVENUE. CASE FILE NO. 2013-12 CUP APN: 560-320-15 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit Conditional Use Permit for a new fast food restaurant to be located at 2100 Highland Avenue at a duly advertised public hearing held on August 19, 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. 2013-12 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 August 19, 2013, support the following fndings: FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 1. That the site for the proposed use is adequate in size and shape, since the proposed design meets all design requirements, with the exception of a reduced interior drive -through aisle radius that has been approved by the City Engineer. 2. That the site has sufficient access to Highland Avenue, an arterial street operating at a Level of Service (LOS) of C, to accommodate the additional 1,398 average daily trips (ADT). 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties; since the use is located adjacent to the street, and since design guidelines ensure an appropriately -designed project and since the use is permitted in the Major Mixed -Use Corridor zone. 4. That the proposed use is deemed essential and desirable to the public convenience, since it will contribute to the continued viability of an existing commercially -zoned property, an established and allowed use in the applicable mixed -use zone. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit shall not be considered valid, nor construction plans accepted for a fast food restaurant, until the Code Amendment associated with Case File No. 2013-12 A, IS has been approved. 2. This Conditional Use Permit authorizes the construction a 2,150 square -foot drive - through fast food restaurant. Except as required by conditions of approval, al! plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2013-12 CUP dated 7/1/2013. 3. The maximum seating/dining area shall not exceed 1,000 square -feet based on 37 parking spaces provided for the whole property (Autozone and restaurant). 4. 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. 5. 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. B. 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 the permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate said permit. 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 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 7. Plans submitted for improvements in 2013 must comply with the 2010 edition of the California Building, Electrical, Plumbing, Mechanical, and Fire Codes. If submitted in 2014, plans submitted for improvements must comply with the 2013 edition of the California Building, Electrical, Plumbing, Mechanical, and Fire Codes. Engineering 8. All surface run-off shall he treated with an approved Standard urban Runoff Mitigation Plan (SUSMP) Best Management Practice (BMP) for all Priority SUSMP projects. No runoff will be permitted to flow over the sidewalk or driveway openings. Adjacent properties shall be protected from surface run-off resulting from this development. 9. A grading and drainage plan shall be submitted showing all of the proposed 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 and/or site design BMP. 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 she!! be signed and recorded. A checklist for preparation of the grading plan/drainage plan is available at the Engineering Department or on the City of National City web site. 10.A sewer permit will 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 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. 12.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. Fire 13, The project shall be designed, installed, tested and approved in compliance with the 2010 edition of NFPA and 2010 edition of the CFC. 14. Hood suppressions plans shall be submitted directly to the National City Fire Department through permit. 15.Signs used for utilities shall follow National City Fire Department "Handout" requirements, 16.A fire sprinkler system shall be required if the fire area exceeds an occupant load of 100 or more. This would be described as the area available, not area used. Planning 17.A landscape and underground irrigation plan shall be submitted as part of the building permit process. The plans shall meet minimum landscape requirements of the Land Use Code, including a minimum three-foot hedge and trees spaces 20 feet on center along the Highland Avenue and East 21st Street frontages. 18. Plans shall conform to minimum turning radius requirements for drive -through businesses unless the code is amended to approve a lesser radius. 19.Vehicular queuing operation shall be subject to future review and potential modification if problems related to parking, property ingress/egress, or street operation is noted as a result of business operations. 20. Business operations shall comply with Municipal Code Title 12 (Noise) at all times. Plans submitted for construction shall reflect the use of sound -attenuating speakers that automatically reduce the volume of ordering speakers during periods of low ambient noise. 21. If a business other than Popeye's becomes the tenant of the restaurant, architectural plans submitted for construction shall be consistent with approved plans. Modifications of approved plans may require subsequent Planning Commission approval, depending on the level of conformance. 22.Plans submitted for construction shall conform to Land Use Code Section 18.46 (Outdoor Lighting,)_ All pole -mounted, monument, or other elevated signage shall be oriented to the north and/or south so as not to shine towards adjacent residential properties. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE 1T 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 August 19, 2013, by the following vote: AYES: Garcia, Baca, Flores, Alvarado, Bush, Dela Paz NAYS: None ABSENT: Pruitt ABSTAIN: None CHAIRPERSON