HomeMy WebLinkAboutCC RESO 16,239RESOLUTION NO. 16 , 2 3 9
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY, CALIFORNIA, DENYING
A CONDITIONAL USE PERMIT FOR
A 13,200 SQ.FT. SHOPPING CENTER AT
THE SOUTHEAST CORNER OF E. 8TH STREET AND N AVENUE
APPLICANT: NAIMAN TRUST OMEGA
CASE Fru' NO.: CUP-1990-01
WHEREAS, the appeal to the City Council of the Planning Commission's
denial of Conditional Use Permit application (CUP-1990-01) was considered by the
City Council of the City of National City at a public hearing held on
May 8, 1990, 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-1990-01 which is maintained by the City, and
incorporated herein by reference; and,
WHEREAS, this action is taken pursuant to all applicable procedures
requiieti 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 8, 1990, 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 8, 1990, support the following findings:
A. That the proposed use will have an adverse effect upon adjacent or
abutting properties, because the shopping center will have the
potential for high vacancy rates and turnover resulting in a blighting
effect on surrounding properties and an atmosphere of instability.
B. That the proposed use is not deemed essential and desirable to the
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C. The proposed shopping center is not consistent with the existing
General Plan policy which protects existing single-family
neighborhoods from inappropriate non-residential development. The
proposed shopping center is not compatible with adjacent single-family
residences to the west nor multi -family residences to the east and
south.
D. The proposed small shopping center does not implement the General Plan
policy which encourages mixed use development or residential infill
development in the CL (limited commercial) zone. The site exhibits
the potential for such development.
BE IT FURTHER RESOLVED that the City Council hereby denies Conditional
Use Permit application No. CUP-1990-01; 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 15th day of May, 1990.
GEORGE H. TERS, MAYcR
ATTEST: (�
AlJ_ It .
IAR ANNE PEOPLES, CITY
AS TO FaJ
ap
GEORGE H. EISER, III
CITY ATTORNEY