HomeMy WebLinkAboutCC RESO 15,704RESOLUTION NO. 15,704
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY, CALIFORNIA, DENYING
AN APPLICATION Kb: MODIFICATION OF PLANNED DEVELOPMENT PERMIT NO. 1-82
TO EXIFW THE HOURS OF OPERATION OF MCDONALD'S RESTAURANT
AT 2140 PLAZA BOULEVARD
APPLICANT: MCDONALD'S CORPORATION
CASE FILE NO. PD-3-88
WHEREAS, the appeal to the City Council of the Planning Commission's
denial of an application (PD-3-88) for modification of Planned Development
Permit No. 1-82 was considered by the City Council of the City of National
City at a public hearing held on August 9, 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. PD-3-88 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,fety 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 August 9, 1988, fail to support
findings, required by the Municipal Code for granting any application for
modification of planned development permit, that the proposed use will not
have an adverse effect upon adjacent or abutting properties, and that the
proposed lisc. 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 presentee to the City
Council at the public hearing held on August 9, 1988 support the following
findings:
A. That the pr_ sed use will have an adverse effect upon adjacent
or abutting properties because increasing the night and morning
hours of operation would result in an increase in traffic and
noise at the site, which has a particilarly adverse effect on
nearby residents.
B. That the proposed use is not deemed essential and desirable to
the public convenience or welfare becargP there is a sit-down
restaurant open 24 hours to the west of I-805, within 650 feet of
the project site.
BE IT FURTHER RESOLVED that the City Council hereby denies the
Application (PD-3-88) for Modification of Planned Development Permit
No. 1-82 and,
BE IT FURTHER RESOLVED that copies of this Resolution shall be
transmitted forthwith to the applicant; and,
BE IT FURTHER RESOLVED that this Resolution shall become 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 Cage of Civil Procedures Section
1094.6.
PASSII) and ADOPTED this 16th day of August, 1988.
GEORGE H. WATERS, MAYOR
ATTEST
I CAMPBE L, CITY CLERK
APPROVED AS TO FORM:
GEORGE H. EISER, III -CITY ATTORNEY