HomeMy WebLinkAboutCC RESO 93-2RESOLUTION NO. 9 3- 2
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY,
REVOKING CONDITIONAL USE PERMIT NO. 1990-18
FOR THE SALE OF BEER AND WINE WITHIN A
RESTAURANT AT 1430 E. PLAZA BOULEVARD, SUITE E-1.
APPLICANT: CITY OF NATIONAL CITY
CASE FILE NO. CUP-1992-10
WHEREAS, the appeal to the City Council of the Planning Commission's revocation of
Conditional Use Permit CUP-1990-18 was considered by the City Council of the City of National
City at a public hearing held on December 22, 1992, at which time oral and documentary evidence
was presented; and,
WHEREAS, at said public hearing the City Council considered the staff report of Case
File No. CUP-1992-10 which is maintained by the City, and incorporated herein by reference; and,
WHEREAS, the 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 December 22, 1992 support findings, required by the Municipal Code for revoking
any conditional use permit, that the use authorized by Conditional Use Permit No. 1990-18 has
been exercised in a manner contrary to the conditions of approval; and that the use has been
exercised in a manner detrimental to the public health, safety, and 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 December 22, 1992 support the following finding -
CONTINUED ON PAGE 2
Resolution No. 9 3 - 2
Page 2 of 3
The City Council has determined that the use authorized by Conditional Use Permit No.
1990-18 has been exercised in a manner contrary to the conditions of approval as stipulated
in Planning Commission Resolution 41-90 and in a manner detrimental to the public
health, safety, and welfare, since the following violations of conditions of approval have
been observed:
Date Activity Observed (Condition(s) of CUP-1990-18 Violated)
1). Nov. 1991 a karaoke machine was in place on a stage in the dining area (#12)
2). Nov. 1991 advertisements for live entertainment (#12)
3). July 1992 a karaoke machine in place on a stage in the dining area with an
accompanying video display on a ceiling -mounted screen (#12)
4). July 1992 several people participating in a sing -a -long (#12)
5). July 1992 alcoholic beverages being consumed in the lounge area although
no food was being served (#4)
6). July 1992 several people playing billiards on tables installed in the lounge area
(#9, 12)
7). July 1992 a dance floor had been re -installed (#9, 12, 14)
8). July 1992 the required yearly statement regarding alcohol/food sales has not
been returned for 1991 (#10)
9). Nov. 1992 a karaoke machine in use (#12)
10). Nov. 1992 alcoholic beverages being consumed although no food was being
served (#4)
11). Nov. 1992 people playing billiards on pool tables installed in the lounge area
(#9, 12)
12). Nov. 1992 alcoholic beverages were being sold and consumed after 9:00 p.m.
(#7)
BE IT FURTHER RESOLVED that the City Council hereby revokes Conditional Use
Permit application No. CUP-1990-18.
BE IT FINALLY RESOLVED that this Resolution shall become effective and final
on the day following the City Council meeting where 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.
CONTINUED ON PAGE 3
Resolution No. 9 3 - 2
Page 3 of 3
PASSED and ADOPTED this 12th day of January, 1993.
Al LEST:
LORD ANNE PEOPLES, CITY CLERK
APPROVED AS TO FORM:
7dt
GEORGE H. EISER, III -CITY ATTORNEY
GEORGE . WATERS, MAYOR