HomeMy WebLinkAboutCC RESO 15,839RESOLUTION NO. 1 5, 8 3 9
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY, CALIFORNIA, DENYING
A CONDITIONAL USE PERMIT APPLICATION EUR
THE SALE OF BEER AND WINE AT A
CONVENIENCE MARKET AT
2400 EAST 8TH STREET, SUITE A
APPLICANT: VICTOR KI-IOURI
CASE FILE NO. CUP-1988-18
WHEREAS, the appeal to the City Council of the Planning Catmission's
denial of Conditional Use Permit application (CUP-1988-18) was considered
by the City Council of the City of National City at a public hearing held
on December 13, 1988, at which time oral and documentary evidence was
presented; and,
WHEREAS, at said public hearing the City Council considered the entire
contents of Case File No. CUP-1988-18 which is maintained by the City, and
incoiporated herein by reference; and,
WHEREAS, this action is taken pursuant to all applicable procedures
required 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 December 13, 1988, fail to
support findings, required by the Municipal Code for granting any
conditional use permit, that the proposed use is deemed essential and
desirable to the public convenience or welfare.
RE 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 13, 1988, supports the
finding that the pLuposed use is not deemed essential and desirable to the
public convenience or welfare, because there is a grocery store which sells
beer, wine and distilled spirits within 450 ft. of the site. The
convenience market may stress the availability of alcohol to compete with
the supermarket and to generate more business. It is also not deemed
essential or desirable since there would be an increase in the number of
liquor licenses in the City, and a conditional use permit was approved for
a convenience market at another location based on the fact that the
transferring of the liquor license fiun the project site to a new location
would not increase the number of liquor licenses in the City.
BE IT FURTHER RESOLVED that the City Council hereby denies Conditional
Use Permit application No. CUP-1988-18; and,
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 Cede of Civil Procedures Section
1094.6.
PASSED and ADOPTED this 20th day of December, 1988.
ATTEST:
e„,
�LOR ANNE PEOPLES, ITY CLERK
(II _A
APPROVED AS TO FO
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22
GEORGE WATERS, MAYOR
SEORG H. EISER, III -CITY ATTORNEY