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Home My WebLink AboutCC RESO 96-143RESOLUTION NO. 9 6 —14 3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN APPLICATION FOR MODIFICATION OF CONDITIONAL USE PERMIT 1994-14 TO EXTEND THE HOURS OF OPERATION FOR A CHURCH AND DENYING A REQUEST TO MODIFY A CONDITION OF APPROVAL TO REMOVE ANY LINK BETWEEN PARKING COMPLAINTS AND THE CHURCH AT 330 NATIONAL CITY BOULEVARD APPLICANT: RUI MORAIS, UNIVERSAL CHURCH OF CHRIST CASE FILE NO. CUP-1995-17 WHEREAS, the City Council of the City of National City considered a Conditional Use Permit application for modification of Conditional Use Permit 1994-14 to extend the hours of operation for a church and to modify a condition of approval to remove any link between parking complaints and the church at 330 National City Boulevard at the regularly scheduled City Council meetings of May 14, July 23, and August 20, 1996, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File Nos. CUP-1995-17 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, 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 14, July 23, and August 20, 1996, support the following findings to allow an extension of the hours of operation: 1. That such modification is necessary to protect the public interest and/or adjacent or abutting properties, since the extended hours of operation will facilitate the church's intention to provide a place of worship for members of the community. 2. That the site for the proposed use is adequate in size and shape, since the theater is an existing facility with seating for 822 persons, which is suitable for conducting church services. 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 site has frontage on National City Boulevard and Roosevelt Avenue, and vehicular access is provided from Roosevelt Avenue. Also, the use of the theater as a church will not result in additional parking requirements per the Land Use Code. CONTINUED ON PAGE 2 Resolution No. 96-143 Page 2 of 4 4. That the proposed use will not have an adverse effect upon adjacent or abutting properties since the site is surrounded by commercial development to the north, south and east, and Interstate 5 to the west. All church activities will be conducted entirely within.a building. 5. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the proposed use will provide additional opportunities for worship and other religious activities for members of the congregation. BE IT FURTHER RESOLVED that the application is approved subject to the following conditions: 1. The hours of operation shall be limited as follows: Monday through Saturday 8:00 a.m. to 11:00 p.m. Sunday 8:00 a.m. to 11:00 p.m. Special Services allowed 4 times per year from 9:00 p.m. to 5:00 a.m. Worship services shall be permitted at the following times: Monday through Saturday 10:00 a.m., 3:30 p.m., and 7:00 p.m. Sunday 7:00 a.m., 9:30 a.m., 3:30 p.m. and 6:00 p.m. 2. In the evenings, from 7:00 p.m. to 11:00 p.m., Monday through Saturday, the occupancy shall be limited to 400 persons. During the daytime, 8:00 a.m. to 7:00 p.m., Monday through Saturday, the occupancy shall be limited to 150 persons, except for Tuesday and Friday where the occupancy shall be limited to 250 persons. Sunday occupancy shall be limited to 822 persons. 3. The church shall advise the City Manager of the dates, duration and nature of the special services referenced above at least one week prior to their occurrence. If, in the opinion of the City Manager or his designee, the special services would impose an undue burden upon adjacent streets or properties, he shall have the authority to prohibit said special services. 4. 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 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. 1995-17 are binding on all present and 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. CONTINUED ON PAGE 3 Resolution No. 96-143 Page 3 of 4 5. All conditions of approval set forth in Planning Commission Resolution No. 1-95 shall remain applicable and in force, unless specifically modified herein. 6. 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. 7. The parking lot at the northeast corner of the intersection of W. 7th Street and Roosevelt Avenue, identified as Assessor's Parcel Number 555-052-15, shall be brought into compliance with the current requirements of Section 18.58 of the National City Municipal Code. The applicant shall submit plans and obtain the requisite permits and approvals for improvement of the parking lot. 8. Bumper stickers or decals identifying the church shall be distributed and affixed to church member's cars in a visible location. 9. No parking associated with the church shall be allowed east of National City Boulevard. Church parking shall be discourged on National City Boulevard. 10. A one -hour parking area shall be established on National City Boulevard between Division Street and 5th Streets for the period of 9:00 a.m. to 8:00 p.m., or as otherwise approved by the City Council. The expanded church hours authorized by this Conditional Use Permit shall not go into effect until this condition is accomplished. 11. Uniformed security personnel shall be present on -site during church services and one-half hour before and one-half hour after services. 12. The issue of truck parking on Roosevelt Avenue shall be studied. 13. The church shall encourage its members to use the existing doorway on the west side of the building for entry and exit purposes. 14. The City Council shall conduct a review of this Conditional Use Permit in 12 months to determine if the church has been in compliance with the conditions of approval. 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 hearings held on May 14, July 23 and August 20, 1996 fail to support a finding, required by the Municipal Code for modifying any conditional use permit, that the proposed modification of condition of approval no. 11 of Planning Commission Resolution No. 1-95 is necessary to protect the public interest and/or adjacent or abutting properties. CONTINUED ON PAGE 4 Resolution No. 9 6-1 4 3 Page 4 of 4 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 hearings held on May 14, July 23, and August 20, 1996 support the following finding: 1. That such modification is not necessary to protect the public interest and/or adjacent or abutting properties, since modification of condition of approval no. 11, Planning commission Resolution No. 1-95, is not in the public interest in that it will result in the church not being held accountable for the traffic and parking congestion related to the church's activities, and would remove any authority the Planning Commission has to revoke the Conditional Use Permit based on substantiated complaints regarding parking problems. BE IT FURTHER RESOLVED that the City Council of the City of National City hereby denies the applicant's request to modify condition of approval no. 11, Planning Commission Resolution No. 1- 95, to remove the linkage between substantiated complaints regarding parking in the neighborhood attributable to the church and the Conditional Use Permit authorizing the use of the theater for church services. 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 Procedure Section 1094.6. PASSED and ADOPTED this 3rd day of September,1996. ATTEST: o1L < Q ANNE PEOPLES, CI'PY CLERK APPROVED AS TO FORM: t% GEORGE H. EISER, III -CITY ATTORNEY • / i. GEORGE WATATERS, MAYOR