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HomeMy WebLinkAboutCC RESO 14,916RESOLUTION NO. 14,916 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING AN APPLICATION FOR CONDITIONAL USE PERMIT TO ALLOW THE SALE OF BEER AND WINE (TYPE 41 LIQUOR LICENSE) AS AN INCIDENTAL USE IN CONJUNCTION WITH A RESTAURANT AT 1467 PLAZA BOULEVARD APPLICANT: NICOLO MUNNA CASE FILE NO: CUP 1985-29 WHEREAS, the appeal of the City Council from the Planning Commission's approval of Conditional Use Permit CUP 1985-29 was considered by the City Council of the City of National City at a public hearing held on April 8, 1986, 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 1985-29, 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 presentation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the testimony and evidence presented to the City Council at the public hearing held on April 8, 1986, support the following findings: A) That the proposed use will not have an adverse effect upon adjacent or abutting properties if the sale of alcoholic beverages is limited to prior to 12 midnight. B) That the site has sufficient access streets and highways that are adequate in width and pavement type to carry traffic generated by the proposed use, because Plaza Boulevard, east of "L" Avenue. There is Boulevard and "L" Avenue. C) That the proposed use is adequate in size the quantity and quality of the project site is located on sufficient access from Plaza and shape because the premises contain a total floor area of 1,392 square feet with seating for 34 patrons. D) The proposed use is deemed essential and desirable to the public convenience and welfare because the sale of alcoholic beverages as an incidental use to a bona fide public eating place provide a convenience desired by the patrons of the restaurant. BE IT FURTHER RESOLVED that the City Council has considered Negative Declaration No. IS-85-74, approved by the Planning Commission February 3, 1986, and certifies that the Negative Declaration has been approved pursuant to the requirements of the California Environmental Quality Act, and that the Initial Study and Negative Declaration adequately address the effects of the project as conditionally approved. BE IT FURTHER RESOLVED that the application of Nicolo Minna for a conditional use permit is approved subject to the following conditions: 1. The sale of alcoholic beverages shall remain accessory to the services of food. 2. There shall be no sale of alcoholic beverages past midnight. 3. There shall be no bar or counter over which the alcoholic beverages shall be served to the public. 4. All live entertainment and dancing shall be prohibited. 5. The sale of beer and wine for off -premise consumption is prohibited. 6. Before this conditional use permit shall become effective, the applicant shall file a written statement with the Planning Department, acknowleding and accepting all conditions imposed upon the approval of this permit. BE IT FURTHER RESOLVED that a copy of this resolution 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. PASSED and ADOPTED this 15th day of April, 1986. ATTEST: IQNE CAi.'RFLL Ione�9•bell, CityLC.3s.erk BY; A Qn �Lca AP • �,.' *49 AS TO FORC George H. Eiser, III -City Attorney