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HomeMy WebLinkAboutPC resoRESOLUTION NO. 14-2014 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AND ZONE VARIANCE FOR LESS THAN REQUIRED PARKING FOR AN APARTMENT COMPLEX LOCATED AT 2525 HIGHLAND AVENUE. APPLICANT: NATIONWIDE ENTERPRISES CASE FILE NO. 2014-05 CUP AP N : 563-010-50 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit and zone variance for Tess than required parking for an apartment complex located at 2525 highland Avenue at a duly advertised public hearings held on June 2, 2014, 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. 2014-05 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 June 2, 2014, support the following findings: RECOMMENDED FINDINGS FOR APPROVAL OF THE ZONE VARIANCE 1 That because of special physical and other circumstances occurring at the site, including topography, existing buildings and parking structures, the strict application of Land Use Code, Title 18, Chapter 18.45 (Off Street Parking and Loading) deprives the property owner of the ability to make the best use of the property while maintaining the existing property improvements, since the prior use and parking have been sufficient, and since no change of use is proposed but rather 23 more parking spaces will be provided. 2. That the requested Zone Variance is subject to conditions that will assure that the proposed parking variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, since 23 additional parking spaces will be provided, since the facility will be restricted to seniors, and since an annual parking g. review will be conducted to ensure that adequate parking will continue to be provided. That the Zone Variance does not authorize a use or activity that is not otherwise expressly permitted by the zoning regulation governing the parcel of property, since senior apartments are an allowed use in the MXC-2 zone, in which the property is located, and since there has been an abundance of parking available on site for the history of this use and that 23 more parking spaces will be provide through conversion of the adult day care to parking area. RECOMMENDED FINDINGS FOR APPROVA}I_ OF THE CONDITIONAL USE PERMIT MODIFICATION 1 That the proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, since senior apartments are a permitted use and since no additional units are being added. 2. That the proposed use is consistent with the General Plan and any applicable specific plans, since senior apartments are consistent with Housing Element goals and are a permitted use within the Major Mixed -Use land use designation, and since no Specific Plans exist in this area. 3. That the site for the proposed use is adequate in size and shape, since repeated site visits have determined that the existing parking facilities are in excess of what is currently in need by residents of the property, and since the existing adult day care will be converted to provide 23 additional parking spaces. 4. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since no additional units are being added, and since the existing adult day care will be converted to provide 23 additional parking spaces, thus reducing parking demand. b. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since conversion of the adult day care to parking will reduce parking demand. 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act, since staff has already determined that the proposed use is categorically exempt from environmental review pursuant to Class 1 Section 15301 (Existing Facilities), for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit and Zone Variance. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit and Zone Variance authorize the removal of Condition of Approval number 11 of Planning Commission Resolution 19-2010 in association with a senior independent living facility located at 2525 Highland Avenue and the conversion of the existing adult day care to a parking garage. 2. Unless specifically modified, removed or superseded by adoption of these conditions, a!I Conditions of Approval contained in Planning Commission Resolution 19-2010 are still in effect and apply to the subject property. 3. Before this Conditional Use Permit and Zone Variance 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 and Zone Variance. 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 and Zone Variance 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. 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 Section 18.12.040 of the Municipal Code. 6. Conversion of the use of the property to a permitted use that provides all necessary parking as required by Chapter 18.45 (Parking and Loading) of the National City Municipal Code shall automatically terminate this Conditional Use Permit and Zone Variance. Building/Fire 7. Plans submitted for improvements must comply with the 2013 edition of the California Building, Electrical, Plumbing, Mechanical, and Fire Codes. 8. A demolition permit shall be required for removal of any structure o: portion thereof associated with conversion of the adult day care center to parking garage. Planning 9. An annual parking review shall be conducted, beginning twelve months from the approval of this Conditional Use Permit modification and Zone Variance, to ensure that there are no parking impacts on neighboring streets or other nearby properties caused by approval of said permits. If any such impacts are observed as a result of these permits, a reduction in the number of units may be required and/or offsite parking provided to the satisfaction of the Planning Commission, 10. Residency of the building(s) at 2525 Highland Avenue shall be restricted to persons over the age of 55 years old only (seniors). The facility shall function as a senior independent living facility only, The facility may be converted back to a senior assisted living facility with appropriate state approvals and permits, and subject to Condition No. 6. 11 No more than 151 individual units may be constructed, created, or resided in without modification of this permit. 12. The existing adult day care shall be convei red back to a parking garage and shall provide a minimum of an additional 23 parking spaces. 13. No regular pedestrian access between the parking garage and "I" Avenue shall be permitted. The access door to "I" Avenue from the parking garage shall be converted to an emergency exit subject to the requirements of the Fire Department. 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 June, 2014, by the following vote: AYES: Baca, Pruitt, Flores, Alvarado, Dela Paz NAYS: None ABSENT: Garcia, Bush ABSTAIN: None 7/./6 CHAIRPERSON