HomeMy WebLinkAboutCC RESO 15,121RESOLUTION NO. 15,121
A RESOLUTION OF THE CITY COUNCIL OF 'flth CITY OF
NATIONAL CITY, CALIFORNIA, APPROVING AN APPLICATION
FOR CONDITIONAL USE PERMIT TO ALLCJW ADDITIONAL HOURS
FOR THE SALE OF ALCOHOL FROM MIDNIGHT ¶[O 2:00 A.M.,
AND TO PERMIT LIVE ENTERTAINMENT THURSDAY THROUGH
SATURDAY AS AN INCIDENTAL USE TO A RESTAURANT
AT 105 EAST EIGHTH STREET.
APPLICANT: MICHAEL DINI
CASE FILE NO. CUP-1986-10
WHEREAS, the appeal to the City Council from the Planning Commission's
denial of Conditional Use Permit CUP-1986-10 was considered by the City Council
of the City of National City at a public hearing held on October 14 and October
28, 1986, 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 Nos. CUP-1986-10 and IS-86-29, which are maintained by the
City and incorporated herein by reference; 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
presentation 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 October 14 and October 28,1986, support the following
findings:
A. That the proposed use will not have an adverse effect upon
adjacent or abutting properties, since live entertainment will be
limited to Thursday through Saturday only, and since conditions of
approval provide for necessary security.
B. That the site has sufficient access to streets because the project
site is located on the corner of 8th Street and "A" Avenue. There
is sufficient access from 8th Street and "A" Avenue.
C. That the proposed use is adequate in size and shape because the
premises contain a total floor area of 4,885 square feet with
seating for 108 patrons.
D. The proposed use is deemed essential and desirable to the public
convenience and welfare because the sale of alcoholic beverages
until 2:00 A.M., and live entertainment on Thursday thru Saturday
are essential for the success of the restaurant, and the
restaurant constitutes a desirable use at its proposed location.
BE IT FURTHER RESOLVED that the City Council has considered Negative
Declaration No. IS-86-29, together with any comments received during the public
review process, and finds on the basis of the Initial Study and any comments
received that there is no substantial evidence that the project will have a
significant effect on the environment, approves the Negative Declaration, and
authorizes the filing of a Notice of Determination.
BE IT FURTHER RESOLVED that the application for Conditional Use Permit
is approved subject to the following conditions:
1. A handicapped ramp shall be installed at the northeast corner of
8th Street and "A" Avenue.
2. Existing 15 foot wide driveway on "A" Avenue frontage of this
property shall be removed and replaced with curb, gutter and
planter.
3. A11 aisles and exitways within the building shall be maintained in
accordance with applicable provisions of the Uniform Building
Code.
4. The occupant load shall be in accordance with Table 33 of the
Uniform Building Code and strictly adhered to.
5. The proposed stage shall be constructed and located in accordance
with applicable provisions of the Uniform Building Code.
6. A uniformed professional guard service shall be hired and on the
premises between the hours of 7:00 P.M. and 2:00 A.M. on all
nights live entertainment is provided. The guard service shall
patrol the outside of the premises as well as the inside, and
shall prevent any loitering and/or noise in the parking lot.
7. Additional exterior security lighting shall be provided in the
parking lot. Said lighting shall be so shielded and adjusted that
the light therefrom is directed to fall only on the same premises
upon which the light source is located.
8. Food service shall be extended to 12 Midnight on Thursday thru
Saturday.
9. Conditional Use Permit shall be subject to revocation if the Chief
of Police determines that the extended hours and methods of
operation have resulted in, or significantly contributed to a ten
(10) percent increase in the demand for police services during the
hours from 5:00 P.M. to 3:00 A.M. The demand for police services
and police enforcement activities in this immediate area will be
reviewed quarterly.
10. The Conditional Use Permit shall be subject to review one year
from date of issuance.
11. Sale of alcoholic beverages shall be incidental to food service.
12. Before this Conditional Use Permit shall become effective, the
applicant shall file a written statement with the Planning
Department, acknowleding and accepting all conditions imposed upon
the approval of this permit. The applicant shall also submit
evidence to the satisfaction of the Planning Director that a
Notice of Restriction on Real Property is recorded with the County
Clerk. The Notice of Restriction shall provide information that
conditions imposed by approval of Conditional Use Permit No. CUP-
1986-10 are binding on all present or future interest holders or
estate holders of the property.
13. Musical entertainment shall be limited to Jazz, folk, soft rock,
and similar music types.
14. Live entertainment may be provided only on Thursdays, Fridays and
Saturdays until 12 Midnight.
BE IT FURTHER RESOLVED that a copy of this resolution 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.
PASSED and ADOPTED this llth day of November, 1986.
ATTEST:
Ione r.t •.•-11, City Cle,'k
APPIOVED AS TO FORM:
,ram
George H. Eiser, III -City Attorney