HomeMy WebLinkAboutCC RESO 16,120RESOLUTION NO. 16 ,12 0
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY, CALIFORNIA, DENYING
A CONDITIONAL USE PERMIT FOR
THE SALE OF BEER AND WINE AT A RESTAURANP
AT 505 EAST 8TH STREET
APPLICANT: CARLITO ROCILLO AURE
CASE FTT.F NO. COP-1989-10
WHEREAS, the appeal to the City Council of the Planning Commission's denial
of Conditional Use Permit application (CUP-1989-10) was considered by the City
Council of the City of National City at a public hearing held on
November 14, 1989, at which time oral and documentary evidence was presented;
and,
WHEREAS, at said public hearing the City Council considered the entire
contents of Case File No. CUP-1989-10 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, California, that the testimony and evidence presented to the City Council
at the public hearing held on November 14, 1989, 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 upon 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 Council of the City of National City,
California, that the testimony and evidence presented to the City Council at the
public hearing held on November 14, 1989, support the following findings:
A. That the proposed use will have an adverse effect upon adjacent or
abutting properties, because potential police problems associated with
the operation would not be compatible with adjacent church uses and an
elementary school and residences located in close proximity to the
site.
B. That the proposed use is not deemed essential and desirable to the
public convenience or welfare, because the site is adjacent to two
churches and a church parish center, and the applicant's operations at
two other businesses which serve alcohol have resulted in numerous law
enforcement problems due to lack of management control, and neighbors
have submitted a petition objecting to the sale of alcohol at the
site.
1'
BE IT FURTHER RESOLVED that the City Council hereby denies Conditional Use
Permit application No. CUP-1989-10; and,
BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted
forthwith to the applicant; and,
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 Procedures Section 1094.6.
PASSED and ADOPTED this 21st day of November, 1989.
ATTEST:
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I10R ANNE PEOPLES, CITYACLERR
APPROVED AS TO FORM:
GEORGE H."EISER, III
CITY APIURNEY
GEORGE H. ATERS, MAYOR