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HomeMy WebLinkAboutCC RESO 91-171RESOLUTION NO. 91-171 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, APPROVING A CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE WITHIN A RESTAURANT AT 2837 HIGHLAND AVENUE. APPLICANT: RICARDO CARDENAS CASE FII.F NO. CUP-1991-7 WHEREAS, the appeal to the City Council from the Planning Commission's denial of Conditional Use Permit (CUP-1991-7) was considered by the City Council of the City of National City at a public hearing held on August 13, 1991, 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 No. CUP-1991-7 which is 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 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 August 13, 1991 support the following findings: A. That the site proposed for the use is adequate in size and shape, since the use will occupy an existing restaurant facility for which parking is provided and no new construction is proposed. B. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use, since the restaurant is located on Highland Avenue, an arterial roadway, and the sale of beer and wine in the restaurant will not have a significant effect on traffic in the area. C. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the use will be located within an existing restaurant, the use is Page 2 Resolution No. 91-171 compatible with adjacent commercial uses and the sale and consumption of the alcoholic beverages will occur entirely within an existing building. D. That the proposed use is deemed essential and desirable to the public convenience or welfare, since it will provide the availability of beer and wine in conjunction with food service upon request of the customer. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. The required exits from the existing building shall be provided with directional exiting signs (lighted) at the front and rear doors in accordance with Section 3314 of the Uniform Building Code, 1988 edition. 2. Exit doors shall have a visible sign stating "This door must remain unlocked during business hours". 3. The sale of beer and wine shall be limited to between 2:30 p.m. and 9:00 p.m., Monday through Friday and between 10:00 a.m. to 9:00 p.m., Saturday and Sunday. 4. There shall be no sale of beer and wine other than for immediate on -site consumption. 5. There shall be no minors employed. 6. The sale of beer and wine shall be limited to the suite identified for use as a restaurant in Exhibit "A", Case File No. CUP-1991-7, dated May 14, 1991. 7. The use authorized by this conditional use permit is limited to the sale of beer and wine as an incidental use in a restaurant. 8. Food service availability shall be provided during all hours of beer and wine availability. There shall be no bar or counter over which alcohol is served. Live entertainment shall be prohibited. 9. The business proprietor shall submit written evidence to the Planning Department that all persons involved in the sale of alcoholic beverages have received instruction Page 3 Resolution No. 91-171 in the proper procedures from the California State Department of Alcoholic Beverage Control. 10. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total beer and wine sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the licensee, as may be necessary in their judgement to verify that the sale of beer and wine does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 11. Before this Conditional Use Permit shall become effective, the applicant shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance From within 30 days of its receipt shall automatically terminate the Conditional Use 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 Recorder. The Notice of Restriction shall provide information that conditions imposed by approval of Conditional Use Permit No. 1991-7 are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 12. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. BE IT FURTHER RESOLVED that copies of this Resolution shall 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. 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. Page 4 Resolution No. 91-171 PASSED and ADOPTED this 20th day of August ATTEST: O'' ANNE PEOPLES, CITY APPROVED AS TO FORM: LERK 44 at GEO ' GE H. EISER, III - CITY ATTORNEY , 1991. GLORGE H. WAS, MAYOR