HomeMy WebLinkAboutCC RESO 2005 - 227RESOLUTION NO. 2005 — 227
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
DENYING A CONDITIONAL USE PERMIT APPLICATION
FOR MODIFICATION OF CUP-1997-6 TO EXTEND THE
HOURS OF ALCOHOL SALES AT SAV-ON DRUGS
LOCATED AT 1201 PLAZA BOULEVARD
APPLICANT: MIKE MACFARLAND FOR SAV-ON DRUGS
CASE FILE NO. M1-CUP-1997-6
WHEREAS, the appeal to the City Council of the Planning Commission's denial
of a Conditional Use Permit application for modification of CUP-1997-6 to extend the hours of
alcohol sales at Sav-on Drugs located at 1201 Plaza Boulevard was considered by the City
Council at a public hearing held on September 20, 2005, 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. M1-CUP-1997-6, 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 that the testimony and evidence presented to the City Council at the public hearing
held on September 20, 2005, 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 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 that the testimony and evidence presented to City
Council at the public hearing held on September 20, 2005, support the following findings:
1. That the proposed use will have an adverse effect on adjacent or abutting
properties, since store management has neither established consistently responsible alcoholic
beverage sales nor demonstrated dependable compliance with conditions of approval that regulate
the display and sale of alcoholic beverages.
2. That public convenience and necessity is not served by the existing use of the
property for the retail sales of alcoholic beverages pursuant to law.
BE IT FURTHER RESOLVED that the City Council hereby denies Conditional
Use Permit Application No. M1-CUP-1997-6.
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.
-- Signature Page to Follow --
Resolution No. 2005 — 227
October 18, 2005
Page 2
PASSED and ADOPTED this 18th day of October, 2005.
Nick I
ATTEST:
cftael R. Della City
Clerk
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APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
zunza, Mayor