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Home My WebLink AboutPC Reso 23-2013RESOLUTION NO. 23-2013 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY RECOMMENDING THAT THE CITY COUNCIL ORDER THE AFFIRMATIVE TERMINATION BYAMORTIZATION OF THE NONCONFORMING LAND USE LOCATED AT 108 W. 18th STREET, AND RECOMMENDING A REASONABLE AMOUNT OF TIME IN WHICH SUCH USE SHALL BE ORDERED TERMINATED (JOSE'S AUTO ELECTRIC) WHEREAS, prior to March 10, 2010, the real property commonly known as 108 W. 18th Street was located in the Light Manufacturing -Residential (MLR) zone, and was devoted to automotive repair, specializing in tune-ups and brake repair, which was an allowed use in said zone; and WHEREAS, on March 10, 2010, the City Council of the City of National City adopted Resolution No. 2010-44, approving a General Plan amendment to change the land use designations for the Westside Specific Plan Area from Light Manufacturing Residential (MLR), Civic Institutional — Open Space (IC -OS), Light Manufacturing — Planned Development (ML-PD), Tourist Commercial — Planned Development (CT-PD), and Heavy Commercial (CH) to Open Space Reserve (OSR), Residential — Single Family (RS-4), Mixed Use Commercial — Residential (MCR-1), Mixed Use Commercial — Residential (MCR-2), Limited Commercial (CL), and Civic Institutional (IC) within the Westside Specific Plan area east of 1-5, west of National City Boulevard, north of Mile of Cars Way, and south of Plaza Boulevard; and WHEREAS, also on March 10, 2010, the City Council adopted Resolution No. 2010-45, adopting the Westside Specific Plan for an area located east of 1-5, west of National City Boulevard, north of Mile of Cars Way, and south of Plaza Boulevard; and WHEREAS, on August 3, 2010, the City Council adopted Ordinance No. 2010- 2344, amending Chapters 18.10, 18.14, 18.16, 18.50, 18.58, 18.62, 18.88, 18.104, 18.108, and 18.140 of the National City Municipal Code to provide standards implementing the approved Westside Specific Plan; and WHEREAS, the real property commonly known as 108 W. 18th Street is located in the Westside Specific Plan area; and WHEREAS, as a result of the City Council's adoption of Resolution No. 2010- 44, approving a General Plan amendment, and of Resolution No. 2010-45, approving the Westside Specific Plan, and of Ordinance No. 2010-2344, amending the Municipal Code to provide standards to implement the Westside Specific Plan, the real property commonly known as 108 W. 18th Street was rezoned to the Limited Commercial (CL) zone; and 1 Resolution No. 23 - 2013 Page Three September 16, 2013 WHEREAS, on July 17, 2013, pursuant to Section 18.11.100 (D)(1) of the Municipal Code, the City served a written notice of public hearing upon the owners of Jose's Auto Electric, the owners of the nonconforming specialized automotive repair business at 108 W. 118t" Street. The notice advised the owners that the Planning Commission would hold a public hearing on August 19, 2013, after the hour of 6:00 p.m., in the City Council Chambers at 1243 National City Boulevard, to consider a recommendation on the affirmative termination by amortization of the nonconforming specialized automotive repair business at 108 W. 18th Street; and WHEREAS, on August 19, 2013, after the hour of 6:00 p.m., the Planning Commission held a hearing in the City Council Chambers at 1243 National City Boulevard, at which time the Commission considered recommendations on the affirmative termination by amortization, and on the reasonable amount of time in which such amortization should occur, concerning the specialized automotive repair business at 108 W. 18t Street. At said hearing, the Commission considered the Staff Report and other oral and documentary evidence, including the testimony of Brian P. Brinig, a business valuation consultant, the testimony of Raymond Pe, Principal Planner for the City, and Michael Garcia, a land use consultant. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City as follows: 1. That based upon the Staff Report and other oral and documentary evidence received at the time of the hearing, in making its recommendation to the City Council to terminate the use of the real property at 108 W. 18th Street for a specialized automotive repair business, and in recommending a reasonable amount of time in which such use shall be terminated, the Planning Commission makes the following findings pursuant to Section 18.11.100 (D)(1)(a)-(h) of the Municipal Code: a) The total cost of the land and improvements. (1) The term of the business owners' existing lease ends on November 30, 2018, with a current rent of $2,200 per month. The business owners have an option to extend the lease term for two additional years at the same monthly rent. (2) The assessed value of the land and improvements was obtained for the San Diego County Assessor's Office, and was considered as being potentially relevant to the analysis. However, a business enterprise that operates under a real property lease does not own the land or real property improvements from which it operates. 3 Resolution No. 23 - 2013 Page Five September 16, 2013 reestablishing phone, Internet, business cards, and letterhead; marketing; and making tenant improvements (e.g., flooring, storage, shelving, lifts, electrical upgrades). (4) The estimated relocation cost for this use is $7,200. (5) The estimated cost to reestablish this use is $5,900. e) Whether the use is significantly nonconforming. (1) This automotive repair use is a significantly nonconforming use in the Limited Commercial zone. (2) The specialized automotive repair use could be converted to a retail or office use as allowed in the Limited Commercial zone after significant investment in building rehabilitation. f) Compatibility with the existing land use patterns and densities of the surrounding neighborhood. (1) The specialized automotive repair use is compatible with some of the adjacent, existing land use patterns, namely, other automotive repair uses; however, these other uses are not in conformance with the land uses allowed by the Westside Specific Plan. (2) The use is not in close proximity to residential uses. g) The possible threat to the public health, safety, or welfare. (1) Notices of violation have been issued but have been resolved. (2) The use does not have all required permits. (3) No open violations of unlawful discharges into the stormwater system are on record. (4) Hazardous materials are stored on the site. (5) No open storage of hazardous materials occurs on the site. (6) Security measures such as fencing are in place on the site. (7) One of the parcels on which the business is located is within 100 feet of Paradise Creek Park, which is considered a sensitive area. (8) The use is located more than 100 feet from Kimball Elementary School. (9) The use is not located in close proximity to residential uses. (10) The use performs no work off -site or in the public right of way. h) Any other relevant factors. (1) The Price/Earnings Ratio (P/E Ratio) was determined by the City's business valuation consultant, because the P/E Ratio indicates the number of years of earnings that it takes to recover the value of the business. Using standard business valuation sources, the P/E Ratio was determined to be in the range of 1.64 to 2.77. By converting the 5 Resolution No. 23 d 2013 Page Seven September 16, 2013 BE IT FURTHER RESOLVED that this action is not considered a project as defined in the California Environmental Quality Act since it does not have the potential to result in either a direct or a reasonably foreseeable indirect physical change in the environment, and is thereby not subject to the California Environmental Quality Act. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of September 16, 2013, by the following vote: AYES: Alvarado, Bush, Pruitt, Baca, Garcia NAYS: DeLa Paz ABSENT: None ABSTAIN: Flores CHAIRMAN 7