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Home My WebLink AboutCC RESO 12,707RESOLUTION NO. 12,707 RESOLUTION DENYING APPLICATION FOR CONDITIONAL USE PERMIT (CUP 1977-22) AND RECITING FINDINGS OF FACT THERETO (American Towing - Auto Storage Yard at 900 W. 17th St.) WHEREAS, the application for a Conditional Use Permit by American Towing came before the City Council for determina- tion on March 14, 1978, and after hearing and considering of the evidence including the presentation of the applicant, the report of the Planning staff, and the testimony of various persons; NOW, THEREFORE, BE IT RESOLVED that the City Council adopts the following findings: 1. National City Land Use Code requires conditional use permits for "Storage of Motor Vehicles, Outdoor" (Use Group 22 and Matrix per Land Use Code Section 18.104.020). 2. Applicants George Howarth and Raul Mercado dba American Towing filed an application for such a conditional use permit on September 13, 1977. Said application was accepted by the Planning Director as being complete and correctly presented. From that point forward, the appli- cation was processed according to the procedural rules set forth in Land Use Code Chapter 18.116. 3. On 10/10/77 the Planning Commission conducted a duly noticed public hearing on the application. A Planning Department Staff Report dated October 5, 1977 was presented to the Planning Commission. That staff report is attached hereto and incorporated herein by reference. 4. On 10/10/77 the Planning Commission denied the said appli- cation upon finding that "applicant has failed to establish that the proposed use is deemed essential and desirable to the public convenience and welfare." The Commission action would have been formalized by the adoption of their Resolu- tion No. 87-77 on October 24, except that the Planning Com- mission then elected to conduct a further public hearing in search of supportive evidence, as requested by legal counsel for the applicants. 5. Another duly noticed public hearing was conducted by the Planning Commission on November 14, 1977, at which time a supplemental staff report dated November 2, 1977 was pre- sented, which report is incorporated herein by reference. 6. The applicants' letter of November 7, 1977, addressed to the Planning Commission in support of the application, was introduced during the public hearing -of November 14, 1977. That hearing was continued to November 28, 1977. That letter is attached by reference. 7. A second supplemental staff report dated November 22, 1977 was introduced during the continued public hearing on November 28, 1977, said report is incorporated herein by reference. The public hearing was, again, continued to January 9, 1978. 8. On December 6, 1977 the Planning Director, acting as the zoning enforcement person pursuant to Land Use Code Chapter 18.134, opened zoning violation file #Z.V. 78-5 in response to an inquiry alleging illegal use of this site as an out- door auto storage yard filed by the office of the City Manager. The Planning Director's letter of response to the City Manager, dated December 7, 1977, is attached hereto and incorporated herein by reference. No further enforcement action was taken at that time. 9. On January 9, 1978, a third supplemental staff report dated January 5, 1978 was introduced during a continued public hearing by the Planning Commission, which report is incorporated herein by reference. The application was then conditionally approved, as memorialized by Planning Commission Resolution 3-78, adopted January 23, 1978. 10 At the Planning Commission meeting of January 23 1978 and prior to adoption of said Resolution #3-78, the Planning Commission was advised by staff that subject property was then being used as an "automobile storage yard" in violation of the Land Use Code and that said violation case had been forwarded to the City Attorney for prosecution. Acting in response to that information, the Planning Commission, by separate motion, recommended to the City Council that they deny the Planning Commission recommendation. 11. The City Council received the Planning Commission resolution (Item 9) and motion (Item 10) on February 7, 1978 and the City Council appealed the Planning Commission decision of approval. 12 On February 28, 1978 the City Council conducted a duly noticed public hearing on their appeal. A staff report (Ci.ty Council Agenda Statement) which is incorporated by reference, dated February 28, 1978 was presented during that hearing. 13. The City Council Minutes of February 28, dence submitted at the public hearing do the required showing for the approval of permits per Land Use Code Section 18.116 1978 and the evi- not constitute conditional use .020. 14. On March 14, 1978 the City Council received a copy of a memo from the Planning Director to the City Attorney discussing the history and status of three auto storage/towing uses in the immediate vicinity, which memo is incorporated herein by reference as being true and correct. 15. The City Council denied the conditional use permit by minute action on March 14, 1978. That action was memorial- ized by City Council Resolution No. 12,677, adopted on March 21, 1978. BE IT FURTHER RESOLVED that pursuant to Land Use Code Section 18.116.130, the City Council further denies the ap- plication of American Towing for a Conditional Use Permit because the applicant has failed to meet its obligation to show that pursuant to Land Use Code Section 18.116.020 that: 1. That the site for the proposed use is adequate in size and shape; 2. That the site has sufficient access to streets and high- ways that are adequate in width and pavement type to carry the quantity and quality of traffic generated by the pro- posed use; 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties; 4. That the proposed use is deemed essential and desirable to the public convenience or welfare. BE IT FURTHER RESOLVED that evidence and testimony further showed that: 1. The recent use of this property as an automobile stograge yard in violation of city zoning regulations has not re- sulted in a vested right in applicant to use said property for said purpose; 2. That applicant's admitted anticipation that the City may someday issue an "impound yard permit" for this site, pur- suant to Land Use Code Chapter 18.70, is presumptuous and without relevance to its application; 3. That public convenience and/or welfare does not, at this time, require this use at this location. The use is not essential and would be undesirable; 4. Applicant has failed to show the existence of facts suf- ficiently to support the granting of this permit as required by Land Use Code Section 18.116.020 and that said inclusions are supported by the above. BE IT FURTHER RESOLVED that Conditional Use Permit Application 1977-22 for an "automobile storage yard" at 900 West 17th Street is denied. PASSED AND ADOPTED this llth day of April, 1978. ATTEST: