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Home My WebLink AboutPC ResoRESOLUTION NO. 17-2014 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A 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 NO7014-09 CUP, CDP APN: 562-310-65 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit and Coastal Development Permit for a crematorium to be located at 100 West 35th Street, Suite "A" in the Coastal Zone at a duly advertised public hearing held on August 18, 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. 2014-09 CUP, CDP 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 18, 2014, support the following findings: FINDINGS FOR APPROVAL 2014-09 CUP, COP, 100 West 35th 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 /�1site Y� has sufficient access to National eCity Blvd., an arterial street and State Route 54, a freeway to accommodate the additional 23 average daily trips (ADT), and since no building expansion is proposed. 3. 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 parc-el in an area designated by the Locaf Coastal Program and the General Plan for such use. 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 Coastal Development Permit authorize a cremation and funeral services business at the property located at 100 West 35' 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 Permit 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 lo:neer. 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 autorn ticaiiy terminate the Conditional Use Permit and Coastai 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, and 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 modification of this Conditional Use Permit. 13. Al! 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. le. 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. 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 August 18, 2014, by the following vote: AYES: Garcia, Baca, Bush, Pruitt, Alvarado NAYS: Flores„ Dela Paz ABSENT: None ABSTAIN: None CHAIRPERSO