HomeMy WebLinkAboutReso 5-95, CUP-1994-13RESOLUTION NO. 5-95
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF NATIONAL CITY, CALIFORNIA,
DENYING A CONDITIONAL USE PERMIT APPLICATION
FOR A MOBILE RECYCLING FACILITY
AT 1240 EAST PLAZA BOULEVARD.
APPLICANT: 20/20 RECYCLING CENTERS.
CASE FILE NO. CUP-1994-13
WHEREAS, the Planning Commission of the City of National City, California considered a
Conditional Use Permit application to allow a mobile recycling facility at 1240 East Plaza Boulevard at
the public hearings held on March 20, and April 17, 1995, at which time oral and documentary evidence
was presented; and,
WHEREAS, at said public hearings the Planning Commission considered the staff reports
contained in Case File No. CUP-1994-13, 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 Planning Commission of the City of
National City, California, that the testimony and evidence presented to the Planning Commission at the
public hearings held on March 20, and April 17, 1995, 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 Planning Commission of the City of National City,
California, that the testimony and evidence presented to the Planning Commission at the public hearings
held on March 20, and April 17, 1995, support the following findings:
1. That the proposed use will have an adverse effect upon adjacent or abutting properties,
since the introduction of such a facility in this location may lead to problems associated
with transients scavenging through trash, loitering and public drunkenness. The
project area has a higher than average rate of crime. Introducing a recycling center
into the area may lead to an increase in criminal activity and may have a detrimental
effect on the general welfare of the community.
2. That the proposed use is not deemed essential and desirable to the public convenience,
since there are other recycling businesses in the City that can provide the service.
Also, the City has a curbside recycling program to accommodate the recycling needs of
the community.
BE IT FURTHER RESOLVED that the Planning Commission hereby denies Conditional Use
Permit application no. CUP-1994-13.
BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the
applicant and to the City Council; and,
BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day
following the City Council meeting where the Planning Commission resolution is set for review, unless
an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council
meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and
set the matter for public hearing. The time within which judicial review of this decision may be sought
is governed by the provisions of Code of Civil Procedures Section 1094.6.
CERTIFICATION:
This certifies that the Resolution was adopted by the Planning Commission at their meeting of May 1,
1995 by the following vote:
AYES: MARTINELLI, FLORES, KNUTSON, BACA, GODSHALK, DETZER.
NAYS:
ABSENT:
ABSTAIN: LARGE
CHAIRMAN