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HomeMy WebLinkAboutCC RESO 2002 - 8RESOLUTION NO. 2002 - 8 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR A CHURCH AT 1341 EAST 8TH STREET, SUITE B APPLICANT: REVIVAL LIGHTHOUSE CHURCH CASE FILE NO. CUP-2001-17 WHEREAS, the City Council of the City of National City considered a conditional use permit application for a church at 1341 East 8th Street, Suite B at the regularly scheduled City Council meeting of January 8, 2002, 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-2001-17 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 January 8, 2002, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the use will take place in an existing 1,092 square foot suite in a commercial center with 31 dedicated off-street parking spaces, which satisfies Code requirements. 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 is accessed from 8th Street, an arterial road, and since the 25 members of the church will not greatly increase the traffic volumes along that road, and since church activities will occur at times of lesser traffic at the shopping center and on adjacent roads. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the use will take place in a commercial center, and since its doors face other commercial uses; thus there will be negligible potential for noise disturbances. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will provide opportunities for its members and their guests to attend religious services. Resolution No. 2002 — 8 January 22, 2002 Page Two BE IT FURTHER RESOLVED that the application is approved subject to the following conditions: 1. This Conditional Use Permit authorizes the use of a 1,092 square foot suite in a commercial center as a church. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File No. CUP-2001-17 dated September 18, 2001. 2. Plans submitted with any application for a building permit must comply with the 1998 California Building, Plumbing, Electrical, and Mechanical Codes and the California Title 24 handicapped and energy regulations. 3. Noise levels shall not exceed those allowed in Title 12 of the National City Municipal Code. 4. All doors and windows are to be kept closed when sound amplification equipment is used. 5. Hours of church services shall be limited to Monday through Friday between 7:00 p.m. and 9:00 p.m., and Sundays between 10:30 a.m. and 1:00 p.m. 6. There shall be no more than 50 persons in the church at any time. 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 the 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. 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. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant; and, Resolution No. 2002 - 8 January 22, 2002 Page Three 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 221'd day of January, 2002. George H. Waters, Mayor ATTEST: k Mic el Dalla, Cite/Clerk APPROVED AS TO FORM: fan g.,: agr George H. Eiser, III City Attorney