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HomeMy WebLinkAboutCC RESO 2002 - 83RESOLUTION NO. 2002 — 83 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR A CHURCH AT 3142 PLAZA BOULEVARD, SUITES F THROUGH H NEAR TRUE VALUE HARDWARE APPLICANT: ABLAZE FOR JESUS MINISTRIES CASE FILE NO. CUP-2002-1 WHEREAS, the City Council of the City of National City considered a Conditional Use Permit application for a church at 3142 Plaza Boulevard, Suites F through H near True Value Hardware at the regularly scheduled City Council meeting of May 21, 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-2002-1 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 May 21, 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 inside a 2,400 square feet lease area, which is adequate for the small number of people in the congregation, and since there are 135 parking spaces provided in the 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 site is on a prime arterial which can easily accommodate the approximately 30 to 40 daily trips that would be generated by the use. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the use will take place entirely inside of a commercial building and will have conditions limiting the potential noise impact from the use. 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, and the proposed use will occupy vacant space and add activity in the eastern portion of Plaza Village Center. Resolution No. 2002 — 83 June 4, 2002 Page 2 BE IT FURTHER RESOLVED that the application is approved subject to the following conditions: 1. This Conditional Use Permit authorizes a church use. 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-2002-1, dated 2/7/02. 2. A permit shall be obtained from the Engineering Department for all improvement work within the Public Right -of -Way. 3. There shall be a sign over each of the three entry/exit doors stating, "These doors shall remain unlocked during business hours." 4. There shall be no more than 165 people in the church at any one time. 5. 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. 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 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. 7. 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. 8. The doors and windows to the suites shall be kept closed when sound amplification equipment is used and when any person is singing or playing a musical instrument. 9. Church services and functions shall not be held later than 9:00 p.m., nor earlier than 9:00 a.m. any day of the week. BE IT FURTHER RESOLVED that the Planning Department shall annually review the church for compliance with conditions of approval, and to determine if there has been any significant change of church functions. Planning Department will report the results of the annual review to City Council. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant; and, Resolution No. 2002 — 83 June 4, 2002 Page 3 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 4th day of June, 2002. George H. Waters, Mayor ATTEST: Mich 1 R. Dalia, ity Clerk APPROVED AS TO FORM: George H. $iser, III City Attorney