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Home My WebLink AboutCC RESO 2003 - 147RESOLUTION NO. 2003 — 147 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR A CHURCH AT 421 NATIONAL CITY BOULEVARD, AND DENYING A VARIANCE FOR LESS THAN REQUIRED PARKING. APPLICANT: COMMUNITY OF PRAISE BAPTIST CHURCH CASE FILE NO. CUP-2003-10/Z-2003-5 WHEREAS, at the regularly scheduled City Council meeting of September 16, 2003, the City Council of the City of National City considered an appeal of the Planning Commission's denial of a Conditional Use Permit application for a church at 421 National City Boulevard and for a variance for less than required parking, 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-2003-10 and Z-2003-5, 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 that the testimony and evidence presented to the City Council at the public hearing held on September 16, 2003, failed to support the findings required by the Municipal Code for granting any variance, that because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other property in the vicinity and under the identical zone classification, and that the requested variance is subject to such conditions which will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitation upon other properties in the vicinity and zone in which such property is situated. BE IT FURTHER RESOLVED that the testimony and evidence presented to the City Council at the public hearing held on September 16, 2003, support the following findings required by the National City Municipal Code for granting a Conditional Use Permit, that the proposed use is adequate in size and shape, the proposed use will not have an adverse effect upon adjacent or abutting properties, and that the proposed use is deemed essential and desirable to the public convenience and welfare. BE IT FURTHER RESOLVED that the testimony and evidence presented to the City Council at the public hearing support the following findings: Resolution No. 2003 —147 October 7, 2003 Page Two FINDINGS FOR DENIAL OF THE VARIANCE 1. That because there are no special circumstances applicable to the property, including size, shape topography, location or surroundings, the strict application of Title 18 of the Municipal Code (Zoning) does not deprive such property of privileges enjoyed by other property in the vicinity and under the identical zone classification, since the building/site could continue to be utilized by businesses requiring no more parking than previously established uses. 2. That the requested variance is not subject to such conditions which will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, since most nearby uses generate a much smaller parking demand. 3. That the proposed variance may have an adverse effect upon adjacent or abutting properties, since it would add to the demand for on -street parking in an area already developed with insufficient off-street parking. 4. That the proposed variance will not be needed if an agreement is reached ensuring that off -site parking will be available for use by the church. FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 1. That the site for the proposed use is adequate in size and shape, since the roughly 3,100 square foot portion of the building, including a 900 square foot assembly area proposed for use by the church, is large enough to accommodate the maximum occupancy of 49 persons proposed at any one time. 2. That the site for the proposed use is adequate in size and shape, since 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, the site is served by National City Boulevard, an arterial street designed to handle a high volume of traffic and currently operating well below capacity, and since occupancy limits on the church limit the amount of vehicle trips to and from the site at any one time. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties since congregation meeting times will be limited to those times when most adjacent businesses are closed; there are no homes close enough to be affected by possible noise from the use; the church intends to utilize adjacent off-street parking; an agreement will be entered into to maintain the availability of the parking for Resolution No. 2003 — 147 October 7, 2003 Page Three use by those attending church for a one-year period; and the approval of the Conditional Use Permit will be limited to one year. Furthermore, conditions of approval limit church service times and the number of occupants and will lessen possible parking problems from the use. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare since approval of the church will allow its members a convenient new location for worship. BE IT FURTHER RESOLVED that the City Council hereby denies the variance application and approves the Conditional Use Permit application subject to the following conditions: 1. This Conditional Use Permit authorizes a church at 421 National City Boulevard. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A -Revised, Case File no. CUP- 2003-10/Z-2003-5, dated 6/6/2003. 2. Building plans shall note the west elevation will be improved, including new paint and the installation of awnings or other accenting over the building entrances and windows. Existing signage shall be removed and new signage for the church will be repaired as needed. 3. Church services and Sunday school may be held Sundays, or on weekdays after 6:00 p.m. 4. No more than 49 people shall be permitted in the church building at any one time. 5. As required by the Fire Department, prior to occupancy the applicant shall obtain a building permit to install a second entrance/exit to the church as shown on the approved plans, Exhibit A -Revised, dated June 6, 2003. This shall be the primary entrance/exit for the church. 6. Plans must comply with the 2001 editions of the California Building Code, California Mechanical Code, California Plumbing Code, the California Electrical Code and California Title 24 energy and handicapped regulations. 7. One handicapped parking space will be provided in accordance with the requirements of the Building Department, on National City Boulevard at the closest place available. • 8. An encroachment permit is needed from the Engineering Department for all work in the public right of way. 9. Before this Conditional Use Permit and Variance 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 Resolution No. 2003 — 147 October 7, 2003 Page Four 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 and Variance 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. 10. 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 National City Municipal Code. 11. The applicant shall provide documentation to the satisfaction of the City Attorney for an agreement ensuring availability of off -site parking for use by members of the church until October 7, 2004. 12. This permit shall expire on October 7, 2004. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. 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 7th day of October, 2003. ATTEST: Mich I R. Dalla, Cjfj( Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Nick Inzunza, yor