HomeMy WebLinkAboutCC RESO 95-32RESOLUTION NO. 9 5— 32
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY,
DENYING A CONDITIONAL USE PERMIT APPLICATION
FOR LIVE ENTERTAINMENT (KARAOKE) WITHIN A RESTAURANT
AT 933 HARBISON AVENUE.
APPLICANT: ALFONSO U. TOJINO, JR.
CASE FILE NO. CUP-1994-15.
WHEREAS, the appeal to the City Council of the Planning Commission's denial of a
Conditional Use Permit application (CUP-1994-15) for live entertainment (karaoke) within a
restaurant at 933 Harbison Avenue was considered by the City Council of the City of National
City at a public hearing held on February 28, 1995, 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-1994-15, 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 February 28, 1995, 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 on
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 City Council at the public hearing held on
February 28, 1995, support the following findings:
1. That the proposed use will have an adverse effect upon adjacent or abutting
properties, since allowing karaoke may change the character of the restaurant
to more of a nightclub environment which would not be compatible with
existing single-family residential development adjacent to the east, north and
west or with the church adjacent to the south. Also, the site is in a high crime
area and a potential nightclub atmosphere could exacerbate existing crime
problems in the area.
CONTINUED ON PAGE 2
Resolution No. 9 5 - 3 2
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2. That the proposed use is not deemed essential and desirable to the public
convenience and welfare, since the restaurant is adjacent to a church and
residences, and allowing karaoke may increase disturbances and police service
calls, thereby impacting the adjacent church and residential neighborhoods.
3. Parking in the shopping center is lawful nonconforming and there is a
history of parking problems among its tenants. Allowing live entertainment
with audience participation is likely to increase parking demands and
worsen the existing parking situation.
BE IT FURTHER RESOLVED that the City Council hereby denies Conditional Use
Permit application no. CUP-1994-15.
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 7th day of March, 1995.
GEORGE . WATERS, MAYOR
ATTEST:
ANNE PEOPLES, CLERK
APPROVED AS TO FORM:
GEORGE H. EISER, III -CITY ATTORNEY