HomeMy WebLinkAboutCC RESO 2002 - 144RESOLUTION NO. 2002 — 144
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
APPROVING A CONDITIONAL USE PERMIT FOR A
COMMUNITY HEALTH CENTER AT 1419 EAST 8111 STREET
NEAR HORIZONS ADULT DAY HEALTH CARE CENTER
IN THE PALM PLAZA SHOPPING CENTER
APPLICANT: Kalusugan Community Services
Case File No. CUP-2002-11
WHEREAS, the City Council of the City of National City considered a
Conditional Use Permit application for a community health center at 1419 East 8th Street, near
Horizons Adult Day Health Care Center in the Palm Plaza Shopping Center at the regularly
scheduled City Council meeting of September 3, 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-2002-11 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 3, 2002, support the following findings:
That the site for the proposed use is adequate in size and shape, since the 1,650 square
foot building is large enough to accommodate the proposed Community Health Center
as limited in occupancy by conditions of approval.
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 limited number of daily trips expected from the use will have little effect
on area traffic since the site is served by East 8th Street, an arterial street designed to
carry a high volume of traffic and currently operating well below its capacity.
That the proposed use will not have an adverse effect upon adjacent or abutting
properties, since conditions of approval limit special events to weekends or evenings,
when most other businesses in the center will be closed. In addition, noise from the use
will be minor since all operations, including special events will be held inside the
building, and conditions of approval require the rear door to the building to be closed
during congregations.
Resolution No. 2002 — 144
September 17, 2002
Page Two
That the proposed use is deemed essential and desirable to the public convenience and
welfare, since the use will provide valuable health information and services to area
residents.
BE IT FURTHER RESOLVED that the application is approved subject to the
following conditions:
This Conditional Use Permit authorizes a Community Health Center at 1419 East 8th
Street. 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-2002-11,
dated May 6, 2002.
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.
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.
Maximum occupancy at the site shall be limited to no more than 75 persons at any one
time. Larger gatherings shall be held at an off -site location.
Alcoholic beverages shall not be permitted at the site at any time.
No more than two dances shall be held each month.
The rear door to the building shall remain closed during all special events or other
events which may create excessive noise.
Special events or activities, such as demonstrations, seminars, meetings, dances, etc.,
with more than 30 persons in attendance shall only be held on weekends or during
weekday evenings after 6:00 p.m., and conclude no later than 11:00 p.m.
Resolution No. 2002 - 144
September 17, 2002
Page Three
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 17th day of September, 2002.
George H!Waters, Mayor
ATTEST:
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney