HomeMy WebLinkAboutCC RESO 2020-64RESOLUTION NO. 2020 - 64
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
DENYING A CONDITIONAL USE PERMIT FOR A NEW BAR AND LIVE
ENTERTAINMENT (PARADISE VYBZ) TO BE LOCATED AT 309 HIGHLAND
AVENUE. CASE FILE NO. 2020-02 CUP APN: 556-180-18
WHEREAS, the City Council of the City of National City considered a
Conditional Use Permit for a new bar and live entertainment located at 309 Highland
Avenue at a duly advertised Public Hearing held on April 7, 2020, 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. 2020-02 CUP maintained by the City and
incorporated herein by reference along with evidence and testimony at said hearing;
and,
WHEREAS, the Planning Commission of the City of National City
considered the Conditional Use Permit application at a duly advertised Public Hearing
held on March 2, 2020, at which time the Commission recommended approval of the
Conditional Use Permit; and,
WHEREAS, the Planning Commission, as part of their action, made a
recommendation to the City Council that conditions 8 and 9 related to accessory alcohol
sales be waived; and,
WHEREAS, this action is taken pursuant to all applicable procedures
required by State law and City law; and,
WHEREAS, the action hereby taken is found to be essential for the
preservation of the public health, safety and general welfare.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
National City, California, that the evidence presented to the City Council at the Public
Hearing held on April 7, 2020, support the following findings:
1. The proposed use has the potential to cause noise impacts at late hours, which is
inconsistent with General Plan Policy LU 3.7 in relation to noise standards in
mixed -use zones.
2. The design, location, and operating characteristics of the proposed activity are
incompatible with the existing and future land uses in the vicinity because the
proposed hours of operation being until 2 a.m. daily and live amplified music could
Resolution No. 2020 — 64
Page Two
create a noise concern for existing and future residents of the second story
residential units.
3. 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 due to potential noise impacts to the residential uses on the
second floor of the property as well as the potential increase in crime.
4. Based on findings 1 through 3 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 7th day of April, 2020.
Alejan•'a •" to-S , Mayor
ATTEST:
/i
c ael R. Dalla
Mi City Clerk
APPROVED AS TO FORM:
ngilr .rri -Jo es
Cis = ttorney
Passed and adopted by the Council of the City of National City, California, on
April 7, 2020 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Rios, Sotelo-Solis.
Nays: Cano, Quintero.
Absent: None.
Abstain: None.
AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS
Mayor of the City of National City, California
CI rk of the City of N ona
City I City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2020-64 of the City of National City, California, passed and adopted
by the Council of said City on April 7, 2020.
City Clerk of the City of National City, California
By:
Deputy