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HomeMy WebLinkAboutCC RESO 2018-113NOT ADOPTED RESOLUTION NO. 2018-113 "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DENYING A CONDITIONAL USE PERMIT FOR THE SUBSTITUTION OF NONCONFORMING USE AT AN EXISTING BUILDING LOCATED AT 1845 EAST 12TH STREET (APN: 557-280-36)" (Planning) This Resolution was not adopted at the Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City of June 19, 2018. June 21, 2018 - Michaer R. Dalla, CMC City Clerk City of National City RESOLUTION 2018 — 113 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DENYING A CONDITIONAL USE PERMIT FOR THE SUBSTITUTION OF NONCONFORMING USE AT AN EXISTING BUILDING LOCATED AT 1845 EAST 12TH STREET (APN: 557-280-36) WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit ("CUP") for the substitution of nonconforming use at a ting building located at 1845 East 12th Street at a duly advertised public hearing held on 2018, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the Planning Corn report contained in Case File No. 2018-05 CUP, maintained by th by reference along with evidence and testimony at said hearin WHEREAS, the Planning Commission at the recommended the approval of the CUP based on the r of approval; and e staff d herein 19, 2018, nd subject to conditions WHEREAS, the City Council of o •nal City, at their meeting of April 3, 2018, considered the Planning Commissio - , and after receiving public comment, voted to set the item for public hea to re• - a aff report, additional information, and public testimony in order to allow t n disc and consider the matter further before rendering a decision; and WHEREAS, the Coy o -red a Conditional Use Permit for the substitution of nonconforming n e ilding located at 1845 East 12th Street at a noticed public hearing held on 1. which time oral and documentary evidence was presented; WH , this actitaken pursuant to all applicable procedures required by State and City la of public h ction recited herein is found to be essential for the preservation neral welfare. EREFORE, BE IT RESOLVED by the City Council of the City of stimony and evidence presented to the City Council at an advertised Id on June 19, 2018 support the following findings: The proposed use is not consistent with the General Plan or any applicable specific • because the proposed medical office use is not consistent with the Low -Medium Density Residential Land Use, which is intended to provide single-family residential use at densities up to nine dwelling units per acre. 2. The design, location, size, and operating characteristics of the proposed activity would not be compatible with the existing and future land uses in the vicinity, because conversion of the existing use would result in an increase of x average daily trips (ADT) over the previous church use and would, therefore, be more intense in nature. Resolution No. 2018 — 113 Page Two 3. The site is not physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, because the proposed medical office use is expected to generate an additional 39 average daily trips over the previous church use, which would be more intense in nature than both the previous use or the maximum residential density permitted. 4. Granting the permit would constitute a nuisance or be injurio ental to the public interest, health, safety, convenience, or welfare, or materially inj. to .ns, property, or improvements in the vicinity and zone in which the propert be' e the proposed use will be more intense than the previous use and will in - tr - s to the site. BE IT FURTHER RESOLVED that this Resol all b- ective, final, and conclusive on the day following the City Council meetin is Re ion is adopted. The time within which judicial review of this decision mverned by the provisions of Code of Civil Procedures Section 1094 PASSED AND ADOPTED this 1 2018. n Morrison, Mayor ATTEST: Michael R. Dalla, City erk APPROVED AS Angil C.