HomeMy WebLinkAboutCC RESO 15,738RESOLUTION NO. 15,738
A RESOLUi'ION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY, CALIBORNIA, DENYING
A CONDITIONAL USE PERMIT APPLICATION FOR
A CHURCH AT 303 HIGHLAND AVENUE
APPLIC7NT: PASTOR 3ONY GTZMAN
CASE FTT,F NO. CUP-1988-11
WHEREAS, the appeal by the City Council of the Planning Commission's
approval of Conditional Use Permit application (CUP-1988-11) was considered
by the City Council of the City of National City at a public hearing held
on September 13, 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-1988-11 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 September 13, 1988, fail to
support findings, required by the Municipal Code for granting any
conditional use permit, that the building is physically suitable for the
occupancy type proposed and that the level of proposed upgrading and
improvements is consistent with that required by the Building Department.
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 September 13, 1988, support the
following findings:
A. That the building is not physically or aesthetically suitable for the
occupancy type proposed. The building was constructed for a grocery
store, not for a place of public assembly. Substantial upgrading of
the building is required to utilize any portion of the building for
the occupancy proposed and according to the Director of Building and
Safety, such upgrading would be cost prohibitive. The proposed use is
therefore not essential for the public convenience or welfare, and
will have an adverse effect upon adjacent or abutting properties.
B. That the level of proposed upyiading and improvements is not
consistent with that required by the Building Department. The
proposed use is therefore not essential for the public convenience or
welfare, and will have an adverse effect upon adjacent or abutting
prop4rties.
C. That the subject property is zoned commercial and would more
appropriately be devoted to commercial development. The proposed use
is therefore not essential for the public convenience or welfare, and
will have an adverse effect upon adjacent or abutting properties.
BE IT FURTHER RESOLVED that the City Council hereby denies Conditional
Use Permit application No. CUP-1988-11; 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 Code of Civil Procedures Section
1094.6.
PASSED and ADOPTED this 20th day of September, 1988.
�l-d LeI- - %L t�/osLL4i
GEORGE H. WATERS, MAYOR
ATTEST:
/f
ION CMPR T,, CITY CLERK
APPROVED AS TO FORM:
GEORGE H. EISER, III -CITY AalO1NEY