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HomeMy WebLinkAboutCC RESO 2015-35RESOLUTION NO. 2015 — 35 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DENYING A CONDITIONAL USE PERMIT FOR ALCOHOL SALES AT AMERICAN MULTI -CINEMA (AMC) LOCATED AT WESTFIELD PLAZA. A BONITA. WHEREAS, the City Council of the City of National City considered a Conditional Use Perrnit for alcohol sales at American Multi -Cinema ("AMC") located at Westfield Plaza Bonita, at a duly advertised public hearing held on March 3, 2015, at which time the City Council considered evidence: and WHEREAS, at said public hearing the City Council considered the staff report provided for Case File No. 2014-1g CUP, which is maintained by the City and incorporated herein by reference, along with any other evidence presented at said hearing; 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, that the testimony and evidence presented to the City Council at the public hearing held on March 3, 2015, support the following findings: 1. That the proposed use is not deemed essential and desirable to the public convenience and welfare, because there is an over -concentration of on -sale alcohol licenses in census tract 32.04 in which the subject property is located. 2. That public convenience and necessity will not be served by a proposed use of the property for the retail sales of alcoholic beverages because there are other locations offering the retail sales of alcoholic beverages. BE IT FURTHER RESOLVED that this Resolution shall become effective, final, and conclusive on the day following the City. Council meeting where this Resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6. PASSED and ADOPTED this 17th day of March, 15, 4 Ron Morrison, Mayor ATTEST: APROVED AS TO FORM: Mic aeI R. Della, Cit Clerk Gacitu Ci * Attorney Passed and adopted by the Council of the City of National City, California, on March 17, 2015 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivii, Rios, Sotelo-Solis. Nays: Mayor Morrison, Absent: None. Abstain: None. AUTHENTICATED BY• RON MORRISON Mayor of the City of National City, California City CI rk of the City of ational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2015-35 of the City of National City, California, passed and adopted by the Council of said City on March 17, 2015. City Clerk of the City of National City, California By: Deputy