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HomeMy WebLinkAboutCC RESO 15,282RESOLUTION NO. 15, 282 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DENYING A CONDITIONAL USE PERMIT APPLICATION TO ALLOW THE SALE OF USED FURNITURE AND APPLIANCES AT 733 EAST 3RD STREET APPLICANT: JOE FEND CASE FILE. NO. CUP 1986-20 WHEREAS, the appeal to the City Council from the Planning Commission's denial of application for Conditional Use Permit Application (CUP-1986-20) was considered by the City Council of the City of National City at a public hearing held on April 14, 1987, 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 Nos. CUP 1986-20 and IS-86-61 which are 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, 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 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 April 14, 1987, fail to support findings required by Section 18.16.020 of the Municipal Code for granting any conditional use permit, that the site for the proposed use is adequate in size and shape, and that the proposed use will not have an adverse effect upon adjacent or abutting properties. 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 April 14, 1987, support the following findings: 1. That the site for the proposed use is not adequate in size and shape. The interior of the building is not adequate for the amount of stock currently occupying the premises, because adequate aisles for comfortable movement are not provided and on occasion stock is stored or displayed outdoors. 2. That the proposed use will have an adverse effect upon adjacent or abutting properties. The large overhead door facing 3rd Street which is occasionally left open, as well as the display and storage of appliances outside, is unsitely and therefore the use adversely impacts those surrounding properties that have a view of it. 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 21st day of April, 1987. dItT-t WATERS MAYOR ATTEST: ION CAMPBELL, CYTY CLERK APPROVED AS TO FORM: GEORGE H. `EISER, III -CITY ATTORNEY