HomeMy WebLinkAboutCC RESO 13,328RESOLUTION NO. 13 , 328
RESOLUTION GRANTING CONDITIONAL USE PERMIT NO. 1979-11 TO ALLOW
MINOR AUTO REPAIR AS AN INCIDENTAL AND/OR USE TO TIRE SALES AND
INSTALLATION, FOR THE LIMITED TIME OF 18 MONTHS, ON PROPERTY
LOCATED AT 2315 HIGHLAND AVENUE.
(Guillermo Barajas)
The City Council of the City of National City does hereby find, determine,
order and resolve as follows:
1. At a regular meeting of the City Council on April 22, 1980, said
Council made a finding that evidence and testimony presented shows
that there is sufficient question about the "lawful non -conforming use"
status to support the assignment of a reasonable abatement period, and
that 18 months is reasonable.
2. That the City Council has determined that this Conditional Use Permit
is an appropriate method for resolving the above finding.
3. That the City Council has concluded that the Planning Commission
Resolution 76-79 denying this Conditional Use Permit is otherwise
affirmed, subject to the following terms and conditions:
(A.) This permit is limited to the specific period of time ending
December 1, 1981, and thereafter the use(s) of auto repair of
all kinds shall be terminated, and use of this property shall
thereafter be restored to and be maintained in strict compliance
with City codes and ordinances.
During the life of this permit, the use of this property shall
be subject to these limitations:
(B.)
(a) Existing roof -mounted sign shall be removed within 15
days from the effective date of resolution granting
Conditional Use Permit.
Off-street parking, front and rear, shall be provided and
marked in accordance with Section 18.58.700 of the Land
Use Code (seven spaces required).
All repair operations and tire installations shall be
conducted entirely within the building.
A Certificate of Occupancy shall be obtained from the
Department of Building and Housing prior to the use of
the structure for auto repair.
All activities related to this use shall be conducted
in compliance with the National City Noise Code (Municipal
Code Title 12, adopted by City Council August 21, 1979).
Failure to comply therewith shall be cause for revocation or
modification of this Conditional Use Permit pursuant to
Municipal Code Section 18.116.170 and 18.116.180.
(1) Noise emanating from within the building and resulting
from normal conduct of the permitted uses are classified
"Environmental Noise". All other noise originating on
this site is classified "Nuisance Noise".
(2) Nothing in the approval of this Conditional Use Permit,
explicitly or implicitly, constitutes an "exception"
under Chapter 12.16 or an "exemption" under Chapter 12.12
of said noise Code.
(f)
No motor vehicles shall be stored outdoors for more than
72 hours. Storage of disabled motor vehicles shall not be
done outdoors and shall otherwise be limited by Municipal
Code Section 18.16.240.
(g) This Conditional Use Permit is limited to use of the premises
by the applicant, Guillermo Barajas. It shall not be trans-
ferred, assigned, or subleased.
(h) During the 18 month life of this permit, the use shall not
be enlarged or expanded. Changes in the uses shall be limited
to those activities that result in the lessening of the non-
conforming status and which are in full compliance with all
codes; and ordinances.
(i) This permit shall not become effective until acknowledged and
accepted by the applicant in the manner set forth in Land Use
Code Section 18.116.160.
PASSED AND ADOPTED this 13th day of May, 1980.
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