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.
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ATTEST:
Michael Della, City Clerk
APPROVED AS TO FORM:
940
George H. Eiser, III
City Attorney