Loading...
HomeMy WebLinkAboutCC RESO 96-174RESOLUTION NO. 9 6 —17 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR CHURCH RELATED USES AT 3142 PLAZA BOULEVARD, SUITES J, T, P AND Q. APPLICANT: NEW COVENANT TABERNACLE CHURCH CASE FILE NO.: CUP-1996-11 WHEREAS, an appeal to the City Council of the Planning Commission's denial of an application for a Conditional Use Permit for church related uses at 3142 Plaza Boulevard, Suites J, T, P and Q was considered by the City Council of the City of National City at a public hearing on November 26, 1996, 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-1996-11 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 law 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 November 26, 1996, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since there is adequate area within existing suites in the shopping center to accommodate church related uses. 2. 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 Plaza Boulevard from which access is provided. Plaza Boulevard is classified as an arterial roadway in the Circulation Element of the City's General Plan. It has adequate capacity to accommodate the additional daily trips the church related uses are expected to generate. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since all activities will occur entirely within an existing, fully enclosed building. 4. That the proposed use is deemed essential and desirable to the public convenience or welfare, since it will provide facilities for church related uses for members of an existing church in the City. CONTINUED ON PAGE 2 Resolution No.: 9 6— 1 7 4 Page 2 of 3 BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. Plans for any tenant improvements must conform to the 1994 Edition of the Uniform Building Code, Uniform Mechanical Code, and Uniform Plumbing Code; the 1993 National Electrical Code and State Title 24 Energy and Handicapped regulations. 2. Use of the site for church services shall be prohibited. Hours for church related uses shall be limited to the following: Monday through Friday 6:00 p.m. to 10:00 p.m. Sunday 9:00 a.m. to 11:00 a.m. 3. Any advertising shall conform with Chapter 18.62 of the National City Land Use Code. A permit shall be obtained for any new signs. 4. Music, singing and amplified speech shall be limited to the hours of 6:00 p.m. to 10:00 p.m., Monday through Friday, and 9:00 a.m. to 11:00 a.m. on Sunday. 5. Doors and windows shall be kept closed during the hours of church related uses from 6:00 p.m. to 10:00 p.m., Monday through Friday, and 9:00 to 11:00 a.m. on Sunday. 6. Persons attending the church related uses shall not congregate in the parking lot, nor shall they congregate on walkways in front of the church or in front of other businesses in the shopping center at any time. 7. Attendance shall be limited to no more than 75 persons at the site at any one time and the use of only 15 parking spaces within the shopping center. 8. If substantiated complaints are received regarding loitering and/or noise at the site, the Planning Commission may initiate proceedings for revocation of the Conditional Use Permit. Such revocation shall occur if it is determined that the use is operating contrary to the conditions of approval or is negatively impacting nearby properties. 9. Except as otherwise required by conditions of approval, development plans shall be submitted for review and approval by the Planning Director in conformance with Exhibit A, Case File No. CUP-1996-11, dated 8/19/96. 10. 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 CONTINUED ON PAGE 3 Resolution No.: 9 6 —17 4 Page 3 of 3 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. 1996-11 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. 11. The use of the property authorized by this permit shall be limited to church related uses including Bible study and Sunday school. 12. 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. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the City Council 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 loth day of December, 1996. GEORGE . WATERS, MAYOR ATTEST: MIC EL R. DA LA, CITY CLERK APPROVED AS TO FORM: Z. GEORGE H. EISER, III - CITY ATTORNEY