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HomeMy WebLinkAboutCC RESO 98-108THIS RESO IS A DUPLICATE OF RESO NO. 98-113 ADOPTED ON 09/15/98 RESOLUTION NO. 98-108 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, DENYING A CONDITIONAL USE PERMIT APPLICATION FOR AN INDOOR BAZAAR WITHIN AN EXISTING COMMERCIAL BUILDING AT 1320 HIGHLAND AVENUE. APPLICANT:. KYE CHUAN CHU CASE FILE NO.: CUP-1998-5 WHEREAS, the appeal to the City Council of the Planning Commission's denial of a Condi- tional Use Permit application (CUP-1998-5) was considered by the City Council of the City of National City at a public hearing held on September 1, 1998, 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 Nos. CUP-1998-5, 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, Cali- fornia, that the testimony and evidence presented to the City Council at the public hearing held on Sep- tember 1, 1998 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 on adjacent or abutting properties, and that the proposed use is deemed essential and 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 City Council at the public hearing held on September 1, 1998 support the following findings: 1. That the proposed use will have an adverse effect on adjacent or abutting properties in that it fails to support General Plan policies which encourage high -quality retail business development, seek to improve the diversity and quality of the City's economic environment, and promote preservation and strengthening of existing commercial uses. 2. That the proposed use is not deemed essential and desirable to the public convenience or welfare, since it is expected to result in an over -concentration of substantially similar uses; and the applicant's lack of relevant business experience and failure to abide by City regulations in establishing the proposed use demonstrates a lack of management expertise, CONTINUED ON PAGE 2 Resolution No. 98-108 Page 2 of 2 BE IT FURTHER RESOLVED that the City Council hereby denies Conditional Use Permit application no. CUP-1998-5 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 re- view of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 8th day of September, 1998 GEORGE H. ATERS, MAYOR ATTEST: eMICHAEL R. D, CITY CLERK APPROVED AS TO FORM: GEORGE H. EISER, III -CITY ATTORNEY