HomeMy WebLinkAboutCC RESO 2017-201RESOLUTION 2017 — 201
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
DENYING A CONDITIONAL USE PERMIT MODIFICATION FOR
DISTILLED SPIRITS AT AN EXISTING BEER AND WINE -LICENSED
RESTAURANT (TITA'S 11) LOCATED AT 3421 EAST PLAZA BOULEVARD
CASE FILE NO. 2017-09 CUP
APN: 569-101-05
WHEREAS, the Planning Commission of the City of National City considered a
Conditional Use Permit modification for distilled spirits at an existing beer and wine -licensed
restaurant, Tita's II, located at 3421 East Plaza Boulevard at duly advertised public hearings
held on June 5 and July 17, 2017, at which time oral and documentary evidence was presented;
and
WHEREAS, at said public hearings the Planning Commission considered the
staff report contained in Case File No. 2017-09 CUP maintained by the City and incorporated
herein by reference along with evidence and testimony at said hearing; and
WHEREAS, at the Planning Commission hearing of July 17, 2017, the Planning
Commission directed staff to return with a resolution denying the requested Conditional Use
Permit modification; and
WHEREAS, at the Planning Commission meeting of August 7, 2017, the
Planning Commission took no action on the resolution denying the Conditional Use Permit
modification and directed staff to return with resolutions for both approval and denial of the
Conditional Use Permit modification; and
WHEREAS, the Planning Commission at their meeting of August 21st,
recommended the approval of the CUP based on the required finding and subject to conditions
of approval; and
WHEREAS, the City Council of the City of National City, at their meeting of
September 19, 2017, considered the Planning Commission's recommendation, and after
hearing public comment, voted to set the item for public hearing to receive a staff report,
additional information, and public testimony in order to allow the Council to discuss and consider
the matter further before rendering a decision; and
WHEREAS, the City Council of the City of National City considered a Conditional
Use Permit modification for distilled spirits at an existing beer and wine -licensed restaurant,
Tita's II located at 3421 East Plaza Boulevard at a duly advertised public hearing held on
October 17, 2017, at which time oral and documentary evidence was presented; 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 a public hearing
held on October 17, 2017 support the following findings:
Resolution No. 2017 — 201
October 17, 2017
Page Two
1. Granting the permit would constitute a nuisance or be injurious or detrimental to the
public interest, health, safety, convenience, or welfare, or materially injurious to persons,
property, or improvements in the vicinity and zone in which the property is located,
because the beat in which the subject property is located has a high crime rate.
2. That based on finding number one above, public convenience and necessity will not be
served by a proposed use of the property for the retail sales of distilled spirits pursuant
to law.
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 October, 2017.
h Morrison, Mayor
ATTEST:
!/
Mic ael R. Dalla, 'i ty Clerk
Passed and adopted by the Council of the City of National City, California, on
October 17, 2017 by the following vote, to -wit:
Ayes: Councilmembers Mendivil, Rios, Sotelo-Solis.
Nays: Cano, Morrison.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
RON MORRISON
Mayor of the City of National City, California
i
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City C 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. 2017-201 of the City of National City, California, passed and
adopted by the Council of said City on October 17, 2017.
City Clerk of the City of National City, California
By:
Deputy