HomeMy WebLinkAboutCC RESO 1990-14RESOLUTION NO. 91-6
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 WITHIN A MARKET
AT 431 N. HIGHLAND AVENUE
APPLICANP: CESAR BUSTAMENTE
CASE FTT.F NO. CUP-1990-14
WHEREAS, the appeal to the City Council of the Planning Commission's
denial of Conditional Use Permit application (CUP-1990-14) was considered
by the City Council of the City of National City at a public hearing held
on January
presented; and, 1991, at which time oral and documentary evidence was
WHEREAS, at said public hearing the City Council considered the entire
contents of Case File No. CUP-1990-14 which is maintained by the City, and
incorporated herein by reference; and,
required this action is taken pursuant to all applicable procedures
equ'red 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 January 8, 1991 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
Cofollowing atint t e he public hearing held on January 8, 1991, support the
1. That the proposed use will have an adverse effect upon adjacent
or abutting properties, because the site is in a location known
as a high crime area with heavy narcotic traffic and 30% of all
crimes committed in the City occur in that area. There is much
gang -related illegal activities by persons who use alcohol and
narcotics. Also, the sale of alcoholic beverages may lead to
increased instances of loitering, public consumption of beer and
wine and public drunkenness.
2. That the proposed use is not deemed essential or desirable to the
public convenience or welfare, because there are two other
markets in very close proximity to the project site which offer
beer and wine for sale. It is also not deemed an essential or
desirable use as it would represent an increase in the number of
liquor licenses in the City.
CONTINUED ON PAGE 2
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Resolution No. 91-6
BE IT FURTHER RESOLVED that the City Council here
Use Permit application No. CUP-1990-14; ands' denies Conditional
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 22nd day of January, 1991.
ATTEST:
APPROVED AS TO FORM:
GEORGE H. EISER, III
CITY ATTORNEY