HomeMy WebLinkAboutCC RESO 2001 - 23RESOLUTION NO. 2001— 23
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
DENYING A CONDITIONAL USE PERMIT APPLICATION
FOR A TATTOO PARLOR AT 914 E. 8Ta STREET
Applicant: Michael Shipley
Case File No. CUP-2000-29
WHEREAS, the appeal to the City Council of the Planning Commission's
approval of a Conditional Use Permit application (CUP-2000-29) was considered by the City
Council at a public hearing held on February 13, 2001, 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-2000-29 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 the testimony and evidence presented to the City Council at the public hearing
held on February 13, 2001, failed 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 and abutting properties and 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
that the testimony and evidence presented to City Council at the public hearing held on February
13, 2001, support the following findings:
1. That the proposed use will have an adverse effect on adjacent and abutting properties,
because based on the public perception of this use, it would tend to have a blighting
influence on such properties.
2. That the proposed use is not deemed essential and desirable to the public convenience
and welfare, and is deleterious to the health and safety of the community, because
permitting such use to be established would be contrary to the efforts of the City and
the Community Development Commission to eliminate uses which have historically
had a blighting influence upon the community.
3. That the proposed use is not deemed essential and desirable to the public convenience
and welfare, since there will be a lack of control over the operation if the property is
resold or if the business changes hands.
Resolution No. 2001— 23
February 20, 2001
Page Two
BE IT FURTHER RESOLVED that the City Council hereby denies Conditional
Use Permit application no. CUP-2000-29.
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 20th day of February, 2001.
-L .e
George H. Waters, Mayor
AlLEST:
h L
Mich el R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney