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Home My WebLink AboutPC ResoRESOLUTION NO. 26-2013 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A DRIVE -THROUGH COFFEE SHOP LOCATED AT 404 MILE OF CARS WAY CASE FILE NO. 2013-22 CUP APN: 562-340-15 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for a drive -through coffee shop located at 404 Mile of Cars Way at a duly advertised public hearing held on November 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. 2013-22 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 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 1T 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 November 18, 2013, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the proposed design meets all design requirements. 2. That the site has sufficient access to Mile of Cars Way, an arterial street operating at a Level of Service (LOS) of B, to accommodate the additional 1,300 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 an arterial 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 authorizes a drive -through aisle for a new 24-hour retail coffee business. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2013-22 CUP dated 102/2013. 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 Department. 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 the Land Use Code. 4. 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 b. 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 6. A grading plan shall be submitted. The plan shall be prepared by a registered civil engineer licensed within the State of California. An application form for grading (available on the city's web site) shall be submitted along with the plans. 7. A soils report shall be submitted. 8. A plan and profile of the proposed retaining wall shall be included in the grading plan. The wall shall conform to the San Diego Regional Standard Drawings or, if designed by an engineer, the calculations shall also be submitted. 9. The owner shall replace the pedestrian ramp, the deteriorated portion of the cross gutter, and sidewalk, curb and gutter as marked out in the field. 10.A Standard Urban Storm Water Mitigation Plan (SUSMP) checklist shall be completed and returned. 11.The existing sewer lateral shall be videotaped to ensure continued serviceability. The sewer lateral shall be encased where it runs under the proposed drive lane and retaining wall. 12.An engineer's cost estimate for all proposed work shown in the grading plan and all public improvements shall be submitted. A bond shall be submitted equal to one hundred percent (100%) of the engineer's cost estimate. 13.A plan check fee equal to three percent (3%) of the engineers cost estimate shall be submitted. 14.The owner/contractor shall be required to submit bonds to and obtain all necessary permits from the Engineering Department. rIGiifiliiC7 15.A landscape and underground irrigation plan shall be submitted as part of the building permit process. Installation and continued maintenance of minimum landscaping items required by the Land Use Code, including a minimum three-foot hedge and trees spaces 20 feet on center along the Mile of Cars Way and Southport Way frontages, shall be provided. 16. Plans shall conform to minimum turning radius requirements for drive -through businesses unless the City Engineer approves a lesser radius. 17.Vehicular queuing operation shall be subject to future review and potential modification if problems related to parking, property ingress/egress, or street operations are noted as a result of business operations. 18. 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 !ow ambient noise. 19. Plans submitted for construction permits shall show that a cover for the new trash enclosure shall be provided. Construction plans shall show the details of the enclosure to the satisfaction of the Fire and Engineering Departments. 20. Plans submitted for construction shall conform to Land Use Code Section 18.46 (Outdoor Lighting). BE !T 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 November 18, 2013, by the following vote: AYES: Garcia, Baca, Pruitt, Flores, alvarado, Bush, Dela Paz NAYS: NIA ABSENT: N/A R.cat- 62ti� _ ABSTAIN: N/A CHAIRPERSON