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HomeMy WebLinkAboutReportTitle: NO.119'Pry Pirc,ixn*wt. CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT fl Item no. uP August 18, 2014 CONTINUED PUBLIC HEARING — CONSIDERATION OF CERTIFICATION OF A NEGATIVE DFCi ARATION AND CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT FOR A CREMATORIUM TO BE LOCATED AT 100 WEST 35TH STREET, SUITE "A" IN THE COASTAL ZONE Case File No.: 2014-09 CUP, CDP, IS Location: South side of West 35th Street west of National City Blvd. and south of State Route 54. Assessor's Parcel No.: 562-310-65 Staff report by: Martin Reeder, AICP Applicant: Cortez Cremations and Funeral Services Corporation Property owner: Regency Co. Combined General Plan/ ML-CZ (Light Manufacturing — Coastal Zone) Zoning designation: Adjacent land use/zoning: North: Automotive use / ML-CZ East: Office and Tight industrial uses / CH -CZ South: Open space/Sweetwater River i ML-C? West: Office and light industrial uses / ML-CZ Environmental review: Negative Declaration BACKGROUND Previous action The Commission originally considered this item at their hearing of August 8, 2014. At that time, staff suggested that the item be continued in order to assess comments received during the 30-day Negative Declaration circulation period. After the previous agenda packet was distributed, but prior to the meeting of August 8, 2014, the comments received in reference to the ND were retracted, therefore allowing the hearing process to move forward. The item was re -noticed to all property owners within 300 feet of the property. Site Characteristics The project site is located on the south side of West 35th Street west of National City Blvd. and south of State Route 54 in the Southland Industrial Park, which takes up most of the street. The property on which the building is located is 4.4 acres in size and is developed with two separate buildings and over 200 parking spaces parking spaces. Each building has its own parcel number. The western building is 36,155 square feet and the eastern building 47,916 square feet. The project is one of 19 suites in the eastern building. There are no sensitive uses nearby (residential properties, elementary schools, playgrounds, etc.). The lot is shown on the current zoning map as being in the Light Industrial (IL) zone, and also within the Coastal Zone. The recent Land Use Code Update is not active in the Coastal Zone. This is due to the fact that the necessary changes in the City's Local Coastal Plan have not been approved by the Coastal Comrnission. Therefore, the City's previous zoning would generally apply. In this case the zone would have been ML-CZ (Light Manufacturing — Coastal Zone) — essentially the same zone. Proposed Use The applicant is proposing to operate a crematorium, offering human cremation services, which would operate 24 hours a day. The facility would be accessible to customers/clients from 10 a.m. to 7 p.m. daily. The facility will operate in a 2,221 square -foot suite within the existing 47,916 square -foot building. The business is expected to employ 5-7 employees and perform up to six cremations per day. Analysis Under the former Land Use Code, a crematorium is a conditionally -allowed use, meaning that a Conditional Use Permit (CUP). There are no design or operating requirements for crematoriums located in the old or the new Code. !n addition, no new construction, other than interior tenant improvements, i� rJI1.11JV.7Cd. Potential impacts are generally related to parking for funeral services and air quality. Parking/Traffic The existing property has over 200 parking spaces. Based on the maximum of six cremations per day, which is the limitation of the cremator to be used, and the plans showing a maximum occupancy of 48 people, there are no parking or traffic issues expected from the use. Furthermore, although there may be people on site to witness the handling of the cremation process (e.g. families), there are no official services that would occur at this location. Traffic generation data provided by SANDAG (San Diego Association of Governments) indicates that an "industrial plant (multiple shifts)" would generate approximately 10 average daily trips (ADT) per 1,000 square feet. In this case a 2,221 square -foot use would generate about 23 ADT. The property has direct access to National City Blvd., an arterial street, which is below capacity and capable of absorbing the extra vehicle trips. Air Quality Given that crematory service activities primarily involve incineration, impacts to air quality were expected to be an issue. This potential impact was addressed in the associated (CEQA) California Environmental Quality Act analysis associated with this project. A CEQA checklist and Negative Declaration (ND) were prepared and are attached for your review. The ND is discussed below. CEQA A CEQA checklist (Initial Study) was prepared by staff in association with the proposed project. With the exception of Air Quality, no impacts were expected or discovered, as evidenced by the analyses in the checklist. With regard to Air Quality, the facility will be required to be permitted through the Air Pollution Control District (APCD). Specifically, Project implementation may only occur following issuance of an `Authority to Construct and Permit to Operate' by APCD and will be subject to permit conditions limiting or requiring specific actions to ensure compliance with APCD air pollution control requirements, thereby minimizing the impact of any emissions increase and ensuring no significant adverse effect upon ambient air quality. The project applicant will also be subject to periodic inspections by the District to confirm compliance. The proposed project consists of the installation of a new modern cremator within an existing industrial building. Based on the analyses presented in the attached CEQA checklist, it is concluded that the project (a) would not: have the potential to degrade the quality of the environment, impact the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory; (b) would not have impacts that are individually limited, but cumulatively considerable; and (c) , /ould not have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly. As such, it is expected that project implementation would have no impact with respect to these mandatory findings of significance. The City established a 30-day public review and comment period from June 27, 2014 to July 27, 2014. During this period, the Draft ND and IS was available for review. Notice of the ND was posted in three locations at City Hall and at the National City Public Library. The 30-day review was required (as opposed to a 20-day review period) due to the ND needing to be routed to the State Clearinghouse (Office of Planning and Research) for review. This was due to one of the Responsible Agencies being a State Agency (California Coastal Commission). Comments were received from the City of Chula Vista but later rescinded. No other comments were received in relation to the Negative Declaration. As well as the City of Chula Vista, the ND was routed to the San Diego County Air Pollution Control District, Sweetwater Marsh National Wildlife Refuge, California Coastal Commission, and State Clearinghouse. Coastal Zone The project area is not within an area of retained Coastal Commission permit jurisdiction or in an area of appeal jurisdiction. As part of this discretionary review, the Planning Commission must find that granting of the Coastal Development Permit is consistent with and implements the Certified Local Coastal Program. The project is compliant with this finding in that it involves an industrial use, which is conditionally - allowed in the ML-CZ zone, and will not prohibit coastal access or obstruct views. Conditions of Approval Comments were received from the Building and Fire Departments. Comments focused on Building and Fire Code requirements, and are included as Conditions of Approval. In addition, there are conditions limiting cremation activities to what is proposed. Additional activities or expansion of proposed operations would require modification of this CUP. Summary A crematorium is a conditionally -permitted use in the IUIL zone. Potential impacts related to air quality will be addressed by subsequent required permitting through the Air Pollution Control District. The area in which the business would be located is removed from sensitive uses and has ample parking and access to accommodate the use. As a result, the use is not expected to create any impacts. The business would also be required to comply with all applicable federal, state, and/or local regulations. RECOMMENDATION Certify the Negative Declaration and approve 2014-09 CUP, CDP, IS subject to the conditions listed below and based on attached findings. ATTACHMENTS 1. Recommended Findings for Approval 2. Recommended Conditions 3. Locnti n Map 4. Public Hearing Notice (Sent to 7 property owners and occupants) b. Site Photos S. Notice of Intent and Availability of Environmental Review and Comment Period of Draft Negative Declaration (published in the San Diego Union -Tribune, not mailed). 7. CEQA Checklist and Negative Declaration 8. Applicant's Plans (Exhibit A, case file no. 2014-09 CUP, CDP, IS, dated 6/11/2014) MARTIN REEDER, AICP BRAD RAULSTON Principal Planner Executive Director RECOMMENDED FINDINGS FOR CERTIFCATION OF THE NEGATIVE DECLARATION 2014-09 CUP, CDP, IS, 100 West35th Street, Suite "A•, 1 That the project does not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistor . 2. I hat the project does not have impacts that are individually limited but cumulatively considerable. 3. That the project does not have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly. RECOMMENDED FINDINGS FOR APPROVAL 2014-09 CUP, CDP, IS, 100 West 35`h Street, Suite "A" 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 National City Blvd., an arterial street and State Route 54, a freeway to accommodate the additional 23 average daily trips (AD T), and since no building expansion is proposed. 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 and the use is consistent with an industrial use, which is conditionally -permitted in the Light Manufacturing zone. 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 who are looking for cremation services. 5. That the granting of this Conditional Use Permit is consistent with and implements the Certified Local Coastal Program, since the project does not involve any land alterations and provides for a use on an existing industrially - zoned parcel in an area designated by the Local Coastal Program and the General Plan for such use. RECOMMENDED CONDITIONS OF APPROVAL 2014-09 CUP, CDP, IS, 100 West 35tt' Street, Suite "A" General al 1. This Conditional Use Permit and Coastal Development Pent authorize a cremation and funeral services business at the property located at 100 West 35th Street, suite "A". Plans submitted for permits associated with this project shall conform with Exhibit A, case file no. 2014-09 CUP, CDP, IS, dated 6/11/2014. 2. This Conditional Use Permit and Coastal Development Pemiit shall take effect until certification of the associated Negative Declaration. 3. 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. 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 Municipal Code. 5. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 6. Before this 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 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 Coastal Development Permit. The applicant shall also submit evidence to the satisfaction of the Executive Director 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 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 7. Plans submitted for improvements must comply with the 2013 edition of the California Building, Electrical, Plumbing, Mechanical, anti Fire Codes. Any existing unpermitted interior improvements shall be legalized and brought up to current codes. Fire 8. Plans submitted for improvements must comply with the 2013 editions of National Fire Protection Association, California Fire Code, and the current edition of the California Code of Regulations. 9. A separate permit shall be obtained from the National City Fire Department per CFC 904.11 (Commercial Cooking System). 10. Smoke alarms shall be installed per the 2013 California Building Code. 11. Plans submitted for improvements must comply with the 2013 editions of National Fire Protection Association, California Fire Code, and the current edition of the California Code of Regulations. Planning 12. No more than one cremator may be in operation and no more than six cremations may be performed per day. No additional cremators may be installed or additional cremations performed without moOlcatic'n of this Conditional Use Permit. 13. All required federal, state, regional, and local permits shall be obtained prior to operation of the facility (e.g. Authority to Construct and Permit to Operate (APCD), Funeral Director license, cremation license, business license, etc.). 14. Violation of APCD licensing/permitting shall be a violation of this Conditional Use Permit. 15.Project-related air pollutant emission levels shall be below Air Quality Impact Analysis (AQIA) trigger levels established in APCD Rule 20.2 for new or modified stationary sources of emissions. 16. Based on a screening -level Health Risk Assessment conducted by APCD, toxic emissions resulting from project implementation shall not have consequences above acceptable health risk levels. If it is determined that unacceptable health risk levels at the nearest sensitive receptor or land use do exist, APCD permits shall not be issued. "tlJ FO.RAtJIt'— ION_ . IAfCOAPORATEQ CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONSIDERATION OF CERTIFICATION OF A NEGATIVE DECLARATION AND CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT FOR A CREMATORIUM TO BE LOCATED AT 100 WEST 35TH STREET, SUITE "A" IN THE COASTAL ZONE. CASE FILE NO.: 2014-09 CUP, CDP, IS APN: 562-310-65 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, August 18, 2014, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request (Applicant: Cortez Cremation and Funeral Services Corporation). This project was previously heard at a public hearing on August 4, 2014. The applicant is proposing to operate a crematorium, offering human cremation services, from 10 a.m. to 7 p.m. seven days a week in a 2,221 square -foot suite within an existing 47,916 square -foot building. Information is available for review at the City's Planning Department, Civic Center, Members of the public are invited to comment. Written comments should be received by the Planning Department on or before 12:00 p.m., August 18, 2014, who can be contacted at 619-336-4310 or planningpnationalcityca.gov If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLANNING DEPARTMENT BRAD RAULSTON Executive Director , ,+ ' NATION CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONSIDERATION OF A CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT FOR A CREMATORIUM TO BE LOCATED AT 100 WEST 361" STREET, SUITE "A" IN THE COASTAL ZONE AND CONSIDERATION OF CERTIFICATION OF A NEGATIVE DECLARATION FOR THE PROJECT CASE FILE NO.: 2014-09 CUP, CDP, IS APN: 562-310-65 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, August 4, 2014, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Cortez Cremation and Funeral Services Corporation) The applicant is proposing to operate a crematorium, offering human cremation services, from 10 a.m. to 7 p.m. seven days a week in a 2,221 square -foot suite within an existing 47,916 square -foot building. Information is available for review at the City's Planning Department, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Department on or before 12:00 p.m., August 4, 2014, who can be contacted at 619-336-4310 or planninq@a nationalcitvca.gov If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLANNING DEPARTMENT 1r0tz, BRAD RAULSTON Executive Director S . ,photos — 2014-09 CUP —100 West 35th Strom Front of suite looking south Side of suite looking southwest Rear of suite looking northwest Side of suite looking north-northwest