HomeMy WebLinkAboutCC RESO 93-14RESOLUTION NO. 9 3-14
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY,
DENYING A CONDITIONAL USE PERMIT APPLICATION
FOR THE SALE OF BEER AND WINE WITHIN A
CONVENIENCE GROCERY STORE AT
2401 HIGHLAND AVENUE, SUITE 101.
APPLICANT: MARIA AND NATIVIDAD BARRAZA,
LUPITA'S MEAT MARKET AND GROCERIES.
CASE FILE NO. CUP-1992-12
WHEREAS, the appeal to the City Council of the Planning Commission's denial of
Conditional Use Permit application (CUP-1992-12) was considered by the City Council of the City
of National City at a public hearing held on January 26, 1993, at which time oral and documentary
evidence was presented; and,
WHEREAS, at said public hearing the City Council considered the staff report contained
in Case File No. CUP-1992-12 which is incorporated herein by reference; and,
WHEREAS this action is taken pursuant to all applicable procedures required by State
law 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 January 26, 1993, failed 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; and
BE IT FURTHER RESOLVED by the City Council of the City of National City,
California that the testimony and evidence presented to the Planning Commission at the public
hearing held on January 26, 1993, support the following findings:
1. That the proposed use will have an adverse effect upon adjacent or abutting
properties, since the location is in an area of above average crime where there is
much illegal activity preceded by consumption of alcoholic beverages. The sale of
alcoholic beverages at this location may lead to increased criminal activity and
additional calls for police service.
2. That the proposed use is not deemed essential nor desirable to the public
convenience or welfare, because there are numerous other businesses in close
proximity to the site which offer alcoholic beverages for sale and it would increase
the number of alcoholic beverage licenses in the City.
BE IT FURTHER RESOLVED that the City Council hereby denies Conditional Use
Permit application No. CUP-1992-12.
BE IT FINALLY 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 2nd day of February, 1993.
GEORGE . WATERS, MAYOR
AI'1'EST:
LORI ANNE PEOPLES, CLERK
APPROVED AS TO FORM:
GEOR E H. EISER, III -CITY ATTORNEY