HomeMy WebLinkAboutCC RESO 93-66RESOLUTION NO. 93-66
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY, CALIFORNIA,
APPROVING AN APPLICATION FOR MODIFICATION OF
CONDITIONAL USE PERMIT 1991-13 TO REMOVE
THE LIMIT ON THE NUMBER OF LIVE STAGE SHOWS IN A
THEATER AT 330 NATIONAL CITY BOULEVARD
APPLICANT: JUAN TORRES
CASE FILE NO. CUP-1993-3
WHEREAS, the City Council of the City of National City, California, considered
an application for modification of Conditional Use Permit 1991-13 to remove the limit on
the number of live stage shows in a theater at 330 National City Boulevard at the public
hearing held on May 25, 1993 at which time oral and documentary evidence was
presented; and,
WHEREAS, at said public hearing the Planning Commission considered the staff
report contained in Case File No. CUP-1993-3 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 the City of
National City, that testimony and evidence presented to the City Council at the public
hearing held on May 25, 1993, support the following findings:
1. That the deletion of Condition No. 18 of City Council Resolution No. 91-244 is
necessary in order to permit reasonable operation and use under the conditional
use permit, since the availability of films is limited to an independent theater
operator, and the condition makes the scheduling of live entertainment impractical.
2. 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.
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Resolution No. 9 3- 6 6
3. 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.
4. That the proposed use will not have an adverse effect on 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.
5. 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 modification of
Conditional Use Permit 1991-13 is approved subject to the following conditions:
1. Except as modified by this permit, all conditions of approval as required by City
Council Resolution No. 91-244 shall remain in effect.
2. All decorative materials shall be flame retardant. This shall include any decorative
materials used on the stage for live shows.
3. Decorative materials shall not block exits, aisles, fire extinguishers, etc.
4. Exits shall remain unobstructed at all times and shall be provided with panic
hardware. All illuminated exit signs shall be in proper operating condition.
5. All aisles shall be maintained in an unobstructed manner in accordance with
Uniform Fire Code Section 25.107(c).
Smoking shall be prohibited inside the assembly area of the theater. "No Smoking"
signs shall be posted inside the assembly area.
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Resolution No. 9 3- 6 6
7. An occupant load sign shall be provided for the stage area. The occupancy load
shall be in accordance with the Uniform Building Code. The location and design
of the sign shall be subject to Fire Marshal approval.
8. No open flames shall be used in any of the stage shows unless approved in advance
by the Fire Department and a permit is acquired.
9. 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 Notice of Restriction shall provide information that conditions imposed by
approval of Conditional Use Permit No. CUP-1993-3 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.
10. Use of the property shall be limited to a movie theater with live entertainment.
11. This permit shall become null and void if not exercised within one year after the
adoption of the resolution of approval unless extended according to procedures
specified in Section 18.116.190 of the Municipal Code.
BE IT FURTHER RESOLVED that the City Council hereby approves Conditional Use
Permit application No. CUP-1993-3.
BE IT FURTHER RESOLVED that Conditon of Approval No. 18 of City Council
Resolution No. 91-244 is hereby deleted.
BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the
day following the City Council meeting where 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.
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Resolution No. 9 3- 6 6
PASSED and ADOPTED this 8th day of June, 1993.
GEORGE IP WATERS, MAYOR
ATTEST:
LO ANNE PEOPLES, CIT CLERK
APPROVED AS TO FORM:
g.t.
GEORGE H. EISER, III -CITY ATTORNEY