HomeMy WebLinkAboutCC RESO 15,399RESOLUTION NO. 15,399
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY, CALIFORNIA, DENYING
A CONDITIONAL USE PERMIT APPLICATION FOR THE
SALE OF BEER AND WINE AS AN INCIDENTAL USE TO
A FAST FOOD ESTABLISHMENT LOCATED WITHIN THE
PLAZA BONITA FOOD PARK AT 3030 PLAZA BONITA ROAD
APPLICANT: ORCA ENTERPRISES, INC.
CASE FILE NO. CUP-1987-8
WHEREAS, the appeal to the City Council of the Planning Commission's denial
of Conditional Use Permit application (CUP-1987-8) was considered by the City
Council of the City of National City at a public hearing held on August 11,
1987, 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-1987-8 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 Council of the City of National
City, California, that the testimony and evidence presented to the City Council
at the public hearing held on August 11, 1987, fail to support findings,
required by the Municipal Code for granting any conditional use permit, that the
site for the proposed use is adequate in size and shape; 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 August 11, 1987, support the following findings:
A. That the site for the proposed use is not adequate in size and shape,
since the open seating area shared by several fast food establishments,
with two points of unobstructed access to the shopping center, provides
a setting where it would be difficult to enforce a recommended
condition to prohibit the removal of alcoholic beverages from the food
park. Also, the sale of alcoholic beverages within the Plaza Bonita
Food Park would increase the potential for consumption of alcoholic
beverages by minors; and
B. The consumption of alcoholic beverages in the open atmosphere of the
food park where shoppers and their children are present, is not
essential or desirable to the public welfare; and approval of this
application would establish a precedent for the sale of alcoholic
beverages within the food park.
BE IT FURTHER RESOLVED that the City Council hereby denies Conditional Use
Permit application No. CUP-1987-8; 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 Procedure Section 1094.6.
PASSED and ADOPTED this 18th day of August, 1987.
CJ v /a4-
orge HWaters, Mayor
ATTEST:
Campbell, Cit Clerk
APPROVED AS TO FORM:
sOK
George H. Eiser, III -City Attorney