HomeMy WebLinkAboutCC RESO 2003-18RESOLUTION NO. 2004 — 3
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
DENYING A CONDITIONAL USE PERMIT
FOR A CHURCH AT 833 EAST 8TH STREET.
APPLICANT: OCTAVIANO CABRERA — MISIONES EL SHADAI
CASE FILE NO. CUP-2003-18
WHEREAS, the appeal to the City Council of the Planning Commission's denial of a
Conditional Use Permit application (CUP-2003-18) for a church at 833 East 8th Street was considered
by the City Council of the City of National City at a public hearing held on December 16, 2003, at which
time oral and documentary evidence was presented; and,
WHEREAS, at said public hearing the City Council considered the staff report contained
in Case File No. CUP-2003-18 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, the 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 16, 2003 fail to support findings, required by the Municipal Code for granting any conditional
use permit that the proposed use will not have an adverse effect on adjacent or abutting properties, and
that the proposed use is deemed essential and desirable to the public convenience or welfare.
BE IT FURTHER RESOLVED by the City Council of the City of National City, California,
that the testimony and evidence presented to the Planning Commission at the public hearing held on
December 16, 2003, support the following findings
1. That the proposed use will have an adverse effect on adjacent or abutting
properties, since church functions and gatherings often generate impacts such as
noise and traffic which would affect nearby residential property.
2. That the proposed use is not deemed essential and desirable to the public
convenience or welfare, since the General Plan encourages commercial and
complementary use on the property, and the church will not compliment adjacent
business uses.
BE IT FURTHER RESOLVED that the City Council hereby denies conditional use permit
application no. CUP-2003-18.
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.
Resolution No. 2004 — 3
January 6, 2004
Page Two
PASSED and ADOPTED this 6th day of January, 2004.
ATTEST:
Mi ael Dall , ity Clerk
APPROVED AS TO FORM:
/73a
George H. Eiser, III
City Attorney