HomeMy WebLinkAboutCC RESO 15,617RESOLUTION NO. 15,617
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY, CALIFORNIA, DENYING
A CONDITIONAL USE PERMIT APPLICATION ]UR
THE SALE OF USED MERCHANDISE IN THE
GENERAL COMMERCIAL ZONE AT
1469 THROUGH 1475 EAST PLAZA BOULEVARD
APPLICANT: GOODWILL INDUSTRTR
CASE FILE NO. CUP-1988-2
WHEREAS, the appeal by the City Council of the Planning Commission's
approval of Conditional Use Permit application (CUP-1988-2) was considered
by the City Council of the City of National City at a public hearing held
on May 10, 1988, at which time oral and documentary evidence was presented;
and,
WHEREAS/ at said public hearing the City Council considered the entire
contents of Case File No. CUP-1988-2 which is maintained by the City, and
incorporated herein by reference; and,
WHEREAS, this action is taken pursuant to all applicable procedures
required by State and City law; and,
WHEREAS, this 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 City Council of the City of
National City, California, that the testimony and evidence presented to the
City Council at the public hearing held on May 10, 1988, fail to support
findings, required by the Municipal Code for granting any conditional use
permit, that the proposed use will not have an adverse effect upon adjacent
or abutting properties, and that the proposed use is deemed essential and
desirable to the public convenience or welfare.
BE IT FURTHER RESOLVED by the City Council of the City of National
City, California, that the testimony and evidence presented to the City
Council at the public hearing held on May 10, 1988, support the following
findings:
A. That the proposed use will have an adverse effect upon adjacent
or abutting properties, because the sale of used merchandise is
not compatible with the permitted or existing type of retail and
restaurant uses within the shopping center. Furthermore, the use
may encourage other used merchandise retail outlets to located in
the area.
B. That the proposed use is not deemed essential and desirable to
the public convenience or welfare, because it is not
complementary to adjacent restaurants and retail uses.
C. The conditional use permit, if granted, would "run with the
land", thus permitting future use of the site for sales of used
merchandise by individuals or entities less reputable than the
applicant.
D. Establishment of the proposed use would be contrary to Policy V
(7) of the General Plan to promote private revitalization and new
development efforts in the Highland/Plaza commercial district, to
strengthen its role as a cotramanity-oriented shopping area.
E. Sale of used merchandise tends to have a blighting influence on
the community, and to lead to a loss of economic vitality in the
vicinity where such a use is located.
BE IT FURTHER RESOLVED that the City Council hereby denies Conditional
Use Permit application No. CUP-1988-2; and,
RR IT FURTHER RESOLVED that copies of this Resolution shall be
transmitted forthwith to the applicant; and,
BE IT FURTHER RESOLVED that this Resolution shall became effective and
final on the day following the City Council meeting where the resolution is
adopted. The time within which judicial review of this decision may be
sought is governed by the provisions of Code of Civil Procedures Section
1094.6.
PASSED and ADOPTED this 17th day of May , 1988
ore
George Wafkrs, Mayor
ATTEST:
Ione'Campbell, Cit Clerk
APPROVED AS TO FORM:
George H. Eiser, III -City Attorney