HomeMy WebLinkAboutCC RESO 92-193RESOLUTION NO. 9 2-19 3
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY,
DENYING A CONDITIONAL USE PERMIT
FOR THE INSTALLATION OF AUTOMOTIVE
ELECTRONIC EQUIPMENT
AT 1309 HIGHLAND AVENUE.
APPLICANT: RONNIE'S ELECTRONICS
CASE FILE NO. CUP-1992-5
WHEREAS, the appeal to the City Council of the Planning Commission denial of
Conditional Use Permit application (CUP-1992-5) was considered by the City Council of the City
of National City at a public hearing held on October 13, 1992, at which time oral and documentary
evidence was presented; and,
WHEREAS, at said public hearing the City Council considered the staff report contained
in Case File No. CUP-1992-5 and IS-1992-12 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 October 13, 1992, 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 or 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 October 13, 1992, support the following findings:
1. That the proposed use will have an adverse effect upon adjacent or abutting
properties, since the installation and testing of automotive electronic equipment
would result in excessive noise being generated on site, impacting adjacent
residences.
CONTINUED ON PAGE 2
Resolution No. 9 2 -19 3
Page 2 of 2
2. That the proposed use is not deemed essential and desirable to the public
convenience or welfare, since the site is adjacent to residences to the east and south
and installation and testing of automotive electronic equipment would result in
noise disturbances in the area.
3. That the proposed use will have an adverse effect upon adjacent or abutting
properties, and is not deemed essential and desirable to the public convenience and
welfare, since the applicant's business has generated excessive noise in the past at
this location when the applicant's property has been put to the proposed use.
BE IT FURTHER RESOLVED that the City Council hereby denies Conditional Use
Permit No. CUP-1992-5; and,
BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to
the applicant; and
BE IT FINALLY 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
Procedure Section 1094.6.
PASSED and ADOPTED this 20th day of October, 1992.
GEORGE H. WATERS, MAYOR
Al'1'hST:
LOU ANNE PEOPLES, CI Y CLERK
APPROVED AS TO FORM:
GEORGE H. EISER, III -CITY ATTORNEY