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HomeMy WebLinkAboutCC RESO 2003 - 184RESOLUTION NO. 2003 — 184 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR A CHURCH AT 1920 SWEETWATER ROAD IN THE SWEETWATER THEATERS BUILDING IN THE SWEETWATER TOWN AND COUNTRY SHOPPING CENTER. APPLICANT: CORNERSTONE CHURCH CASE FILE NO. CUP-2003-20 WHEREAS, the City Council of the City of National City considered a Conditional Use Permit application for a church at 1920 Sweetwater Road in the Sweetwater Theaters building in Sweetwater Town and country Shopping Center at the regularly scheduled City Council meeting of December 2, 2003 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-2003-20 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 December 2, 2003 support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the existing 28,000 square foot building in a 24 acre shopping center is appropriately designed for a family Christian center, and since adequate parking is available in the center for the existing commercial uses and the proposed church. 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 there should be a decrease in the number of average daily trips attributable to the existing building, since church uses typically generate considerably less traffic than movie theaters. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since both traffic and parking demand within the center should be reduced when the proposed church use replaces the movie theater, and since the existing theater building is appropriately designed for church activities. 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 church services and receive training in life skills. BE IT FURTHER RESOLVED that the application is approved subject to the following conditions: Resolution No. 2003 —184 December 16, 2003 Page Two 1. This Conditional Use Permit authorizes a 600 member church at 1920 Sweetwater Road. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits B and C, Case File no. CUP-2003-20, dated 11/24/2003. 2. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and Califomia Title 24 energy and handicapped regulations. 3. Exterior walls of buildings/ freestanding signs/ trash enclosures to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 4. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Fomi, 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. 5. 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. 6. 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, 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. -- Signature Page to Follow -- Resolution No. 2003 — 184 December 16, 2003 Page Three Passed and adopted this 16th day of December, 2003. Nick nzun a, • a �� ATTEST: el Della, CiClerk APPROVED AS TO FORM: George . Eiser, III City Attorney