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HomeMy WebLinkAboutCC RESO 2001 - 28RESOLUTION NO. 2001 — 28 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FORA CHURCH AT 1540 E. 18TH STREET (Applicant: Jose c. Soriano, Sr.) (Case File No. CUP-1999-6) WHEREAS, the City Council of the City of National City considered a Conditional Use Permit application for a church at 1540 E. 18th Street at the regularly scheduled City Council meeting of February 27, 2001 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-1999-6 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 February 27, 2001 support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the proposed use will take place in an existing structure and since the parcel is large enough to accommodate the required parking spaces. 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 served by 18th Street and Palm Avenue, both of which are collector streets 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 use will have more than the required parking area and will take place within a building. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will provide opportunities for residents to attend religious services. Resolution No. 2001 — 28 March 6, 2001 Page 2 of 3 BE IT FURTHER RESOLVED that the application is approved subject to the following conditions: 1. This Conditional Use Permit authorizes the use of an existing 1,559 square foot building as a church. All plans submitted for permits associated with the facility shall conform with Exhibit A -Revised, case file no. CUP-1999-6, dated 12/5/2000, except as modified by conditions of approval. 2. Plans submitted with any application for a building permit must comply with the 1998 California Building, Mechanical, Plumbing, and Electrical Codes and the California Title 24 energy and handicapped regulations. 3. Deteriorated portions of the existing street improvements (15 feet of sidewalk) along the property frontage shall be removed and replaced, and the abandoned driveway apron along Palm Avenue shall be replaced with curb, gutter, and sidewalks in accordance with City standards. 4. Street improvements along the property frontage shall be kept free from weed growth. 5. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way. 6. 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. 7. Hours of church services shall be limited to Sundays between 10:00 a.m. and 2:00 p.m. and 5:00 and 9:00 p.m., and Wednesdays between 7:00 and 9:00 p.m. 8. 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. 9. Noise levels shall not exceed those allowed in Title 12 of the National City Municipal Code. 10. Double pane glass windows shall be installed throughout the church building. Resolution No. 2001 — 28 March 6, 2001 Page 3 of 3 11. All doors and windows are to be kept closed when sound amplification is used. 12. The entire parking lot is to be available at all times during use of the building. 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 6th day of March, 2001. ATTEST Mic y Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Michael R. Dalla it Z G�g�q rs or George H. aters, Mayor