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HomeMy WebLinkAboutCC RESO 2005 - 197RESOLUTION NO. 2005 —197 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING MODIFICATION OF A CONDITIONAL USE PERMIT FOR CORNERSTONE CHURCH AT 1920 SWEETWATER ROAD TO EXPAND CHURCH SERVICES AND ADD A SCHOOL AND ADULT DAY CARE APPLICANT: PASTOR SEGIO DE LA MORA CASE FILE NO. M1-CUP-2003-20 WHEREAS, the City Council of the City of National City considered modification of a Conditional Use Permit application for Cornerstone Church at 1920 Sweetwater Road to expand church services and add a school and adult day care at the regularly scheduled City Council meeting of August 16, 2005, 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. M1-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 that the testimony and evidence presented to the City Council at the public hearing held on August 16, 2005, support the following findings: 1. That the deletion of a restriction limiting congregation size to 600 people is necessary to permit reasonable operation and use under the permit, since an increase in the types of services offered and in the days and hours that services can be provided will allow the property owner/occupant to fully utilize their building. 2. That requested exemptions from restrictions on maximum sign size for churches are reasonable, since the location is an atypical setting, within a 28,000 square foot former theater building within a community level shopping center in major commercial district, for a church. BE IT FURTHER RESOLVED that the application is approved subject to the following conditions: 1. This Conditional Use Permit authorizes a church and secondary uses (cafe/bookstore, concessions, film/movie room, childcare, performing arts sanctuary, 1st through 6th grade school, and adult day care) at 1920 Sweetwater Road. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit "A", Case File No. M1-CUP-2003-20, dated June 29, 2005. Resolution No. 2005 —197 September 6, 2005 Page 2 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 the California 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 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 formby the City Attomey 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. 7. Prior to commencement of either the school and/or adult day care, the applicant shall submit three copies of a site -specific traffic circulation plan to the Planning Director for review and approval by the Planning and Police Departments. 8. Prior to the commencement of either the school and/or the adult day care, interior building improvements, consistent with Exhibit "A" dated June 29, 2005, shall be completed for the intended use. 9. Prior to commencement of either the school and/or the adult day care, the applicant shall implement an exterior illumination plan subject to review and approval by the Police Department to ensure proper exterior illumination. 10. Plans for any and all required modifications of the automatic fire sprinkler system shall be submitted to the Fire Department for review and approval. 11. Total building and individual room occupancies shall be limited by provisions of the California Building Code. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant; and Resolution No. 2005 —197 September 6, 2005 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 6th day of September, 2005. Ni , `f �/I a yo r ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: 940 George H. Eiser, III City Attorney