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HomeMy WebLinkAboutCC RESO 2000-12 (13)RESOLUTION NO. 2000 — 128 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR A THRIFT STORE AT 1220 EAST PLAZA BOULEVARD, SUITE A. APPLICANT: RUBY MULLIN CASE FILE NO. CUP-2000-12 WHEREAS, the City Council of the City of National City considered a conditional use permit application for a thrift store at 1220 East Plaza Boulevard at the regularly scheduled City Council meeting of September 19, 2000, 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 No. CUP-2000-12 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 September 19, 2000 support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the proposed activities will take place in an 18,440 square foot suite, located in an existing shopping center. 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 proposed use is in an existing facility served by East Plaza Boulevard, an arterial roadway with sufficient capacity to handle traffic to the site. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the project site is located in an existing shopping center, and the store will be oriented away from nearby residences. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will fill vacant space, in conformance with General Plan policy, and provide opportunities to purchase both new and used, low cost merchandise in a large shopping center with a variety of retail businesses and services. Resolution No. 2000 —128 October 3, 2000 Page Two BE IT FURTHER RESOLVED that the application is approved subject to the following conditions: 1. Plans submitted with any application for a building permit must comply with the 1998 California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 2. Plans must comply with the 1999 edition of the NFPA and the 1998 edition of the California Fire Code. 3. Merchandise shall be attractively displayed on shelves and racks, or in a similar manner. Merchandise shall be kept out of aisles, and shall not be stored in boxes on the floor of the display area. 4. No less than 30% of the floor space shall be devoted to new merchandise. Prior to opening for business the applicant shall submit a revised floor plan specifying the locations and dimensions of space devoted to new and used merchandise. 5. Hours of operation shall be limited to 8:00 a.m. to 9:00 p.m., seven days per week. 6. Merchandise shall not be dropped off by the general public, and shall only be delivered by employees of the store during normal business hours. 7. Before this Conditional Use Permit shall become effective, the applicant and the property owner both 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 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 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. 8. Use authorized by this Conditional Use Permit shall be limited to a thrift store, and except as required by conditions of approval, shall conform with Exhibit "A", Case File No. CUP- 2000-12, dated June 5, 2000. 9. 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 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 3`dday of October, 2000. L � George H. aters, Mayor ATTEST: f .fit� Michael R. Dana, ity Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney