HomeMy WebLinkAboutCC RESO 2018-62RESOLUTION 2018 — 62
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
DENYING A CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT FOR
A GAS STATION AND CONVENIENCE STORE WITH BEER AND WINE SALES
TO BE LOCATED AT 724 CIVIC CENTER DRIVE IN THE COASTAL ZONE.
(CASE FILE NO. 2017-03 CUP, CDP)
(APN: 559-024-06)
WHEREAS, the Planning Commission of the City of National City considered a
Conditional Use Permit and Coastal Development Permit for a gas station and convenience store
with beer and wine sales to be located at 724 Civic Center Drive in the Coastal Zone at a duly
advertised public hearing held on March 5, 2018, 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. 2017-03 CUP, CDP, maintained by the City and
incorporated herein by reference along with evidence and testimony provided at said noticed
public hearing; and
WHEREAS, at their meeting of March 5, 2018, the Planning Commission
recommended the approval of the Conditional Use Permit ("CUP") based on the required
findings and subject to conditions of approval; and
WHEREAS, the City Council of the City of National City, at their meeting of
March 20, 2018, 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 considered a Conditional Use Permit and Coastal
Development Permit for a gas station and convenience store with beer and wine sales to be
located at 724 Civic Center Drive in the Coastal Zone at a duly advertised public hearing held on
April 17, 2018, at which time oral and documentary evidence was presented; 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 a public hearing
held on April 17, 2018, support the following findings:
1. Granting the permit would constitute a nuisance or be injurious or detrimental to the
public interest, health, safety, convenience or welfare, or material injurious to persons,
property or improvements in the vicinity and zone in which the property is located
because the census tract in which the subject property is located is currently over -
concentrated with regard to off -scale alcohol outlets — five off -sale outlets are permitted
where four are recommended by the California Department of Alcoholic Beverage
Control — and the area has a high crime rate.
Resolution No. 2018 — 62
April 17, 2018
Page Two
2. That the proposed use is not deemed essential and desirable to the public convenience
and necessity because five other off -sale alcohol outlets are located in the same census
tract as the subject property.
3. That based on findings 1 and 2 above, public convenience and necessity will not be
served by a proposed use of the property for the retail sales of alcoholic beverages
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 17t' day of April, 201
n Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO
Passed and adopted by the Council of the City of National City, California, on
April 17, 2018 by the following vote, to -wit:
Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
2t,eZdi
City C rk of the City of /I tional City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2018-62 of the City of National City, California, passed and adopted
by the Council of said City on April 17, 2018.
City Clerk of the City of National City, California
By:
Deputy