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HomeMy WebLinkAboutCC RESO 91-244RESOLUTION NO. 91.-2 4 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, APPROVING A CONDITIONAL. USE PERMIT FOR LIVE ENTERTAINMENT WITHIN AN EXISTING MOVIE THEATER AT 330 NATIONAL CITY BOULEVARD. APPLICANT: JUAN JOSE AND DIGNORA TORRES CASE FILE NO.: CUP-1991-13 WHEREAS, the appeal of the City Council from the Planning Commission's approval of Conditional Use Permit 1991-13 was considered by the City Council of the City of National City at a public hearing held on December 10, 1991, 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-1991-13 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, 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 National City, that testimony and evidence presented to the City Council at the public hearing held on December 10, 1991, support the following findings: A. That the site for the proposed use is adequate in size and shape, because the theater is an existing facility and the proposed use will not require additional area or increase the size of the facility. B. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the project site has frontage on National City Boulevard and Roosevelt Avenue, both of which are of adequate capacity to carry the traffic generated by the use, and the provision of live entertainment in addition to movies is not expected to result in a significant increase in traffic. Continued on Page 2 Resolution No. 91-244 Page 2 of 5 C. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since live entertainment will take place entirely within an enclosed building and the permit is subject to such conditions that shows will be subject to closure in the event that the Police Department determines that the activities therein are disruptive to the neighborhood and/or City. Also, if substantiated complaints to the City are received, the Planning Commission may conduct a public hearing to revoke the conditional use permit. D. That the proposed use is deemed essential and desirable to the public convenience or welfare, since it will provide an opportunity for the presentation of live entertainment and other cultural activities. BE IT FURTHER RESOLVED that the application for Conditional Use Permit CUP- 1991-13 is approved subject to the following conditions: 1• A drainage and paving plan for the parking area shall be submitted to the Engineering Department for review and approval. The plans shall be prepared by a registered civil engineer in accordance with applicable City standards. The structural section of the parking lot pavement shall consist of a minimum 2 inches of asphalt concrete over 4 inches of compacted aggregate base. A soils report shall be submitted addressing the subgrade and the pavement structural sections. 2. All surface run-off shall be collected by private catch basins and directed to the street by sidewalk underdrains or curb outlets. All new drainage facilities shall be shown on the plans. 3. The applicant shall remove and replace the deteriorated sidewalk underdrains, curbs, gutters, sidewalks and driveway aprons along the property frontages and parking area. 4. All abandoned driveways shall be removed and replaced with full height curb, gutter, and sidewalk. 5. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way and all operations on private property pertaining to the construction of the parking lot. 6. Prior to the issuance of any work permits, the applicant shall post a bond with the Engineering Department in the amount to be determined by the City Engineer for the construction of the parking lot pavement, the drainage facilities, and for the public improvement work including curb, gutter, sidewalk, pedestrian ramp, and the driveways fronting the property. A deposit in the amount determined by the City Engineer shall also be posted for plan review and inspection costs. Continued on Page 3 Resolution No. 91-244 Page 3 of 5 7. All exits and aisle ways shall be maintained in an unobstructed manner whenever the building is in use. 8. All fire extinguishers shall be readily accessible and visible at all times. 9. No smoking shall be allowed in the theater portion of the building. "NO SMOKING" signs shall be posted. 10. Shows which fall into the category generally considered to be adult entertainment shall be prohibited. This includes, but is not limited to, such events as mud wrestling, wet tee shirt contests, or any shows which include nudity or which are designed to appeal to lewd or lascivious natures. 11. Shows commonly known as "battles of the bands" shall be prohibited and, in no event, may shows which include music or other sound which can be heard outside the theater be permitted. 12. The Police Department shall be authorized to inunediately terminate any show which creates any disturbance or which in any way threatens the peace or safety of the community. 13. In the event that complaints are received and substantiated by the Police Department regarding activities at the theater, the Planning Commission shall initiate proceedings for revocation of the permit. Such revocation shall occur if it is determined that the theater is operating in a manner contrary to these conditions of approval or is threatening the peace and safety of the community. 14. The sale and/or consumption of alcoholic beverages within the theater or parking areas shall be prohibited. 15. The parking area shall be paved, landscaped, striped, lighted, and otherwise improved in accordance with Title 18 (Zoning) of the Municipal Code. A plan clearly illustrating compliance shall be submitted for Planning Department review and approval. 16. If the adjacent property to the south is to be used for theater parking,h e record with the San Diego County Recorder a shared parking agreement signed by all property owners involved. The agreement shall be approved as to content and form by the City Attorney of National City, allowing the joint use of the parking area immediately adjacent to the south and the parking area on the subject property by patrons of both the properties involved. Otherwise, the parking plan as required by condition no. 15 above shall be revised to include only that property owned by the applicant. Continued on Page 4 Resolution No. 91-244 Page 4 of 5 17. Before this Conditional Use Permit shall become effective, the applicant shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of Conditional Use Permit No. 1991-13 are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 18. Use of the property shall be limited to a movie theater with live entertainment. Excluding National School District and Sweetwater Union High School District productions, amateur hour shows shall be limited to one per week with a maximum of 10 amateur hour shows per year and live stage shows shall be limited to one week per show with a maximum of 4 live stage shows per year. The property owner shall be responsible for notifying Planning Department staff a minimum of one week prior to commencement of shows. 19. Stage shows and live entertainment shall be limited to between the hours of 7:30 p.m. and midnight. 20. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 21. The applicant shall allow the use of the facility by the National School District and Sweetwater Union High School District at no cost to the schools for the purpose of stage shows. 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. Continued on Page 5 Resolution No. 91-244 Page 5 of 5 PASSED AND ADOPTED this 17th day of December, 1991. AI LEST: LOR ANNE PEOPLES, CITY LERK APPROVED AS TO FORM: GEORGE H. EISER, III -CITY ATTORNEY . d- GEORGE Fi. WATERS, MAYOR