HomeMy WebLinkAboutCC RESO 92-222RESOLUTION NO. 92-222
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY, APPROVING A
CONDITIONAL USE PERMIT FOR
THE SALE OF BEER, WINE AND DISTILLED SPIRITS WITHIN A
RESTAURANT AT 2200 HIGHLAND AVENUE.
APPLICANT: DAVID MENDOZA, BANANA'S RESTAURANT
CASE FILE NO. CUP-1992-9
WHEREAS, the appeal by the City Council of the Planning Commission's approval of
Conditional Use Permit Application (CUP-1992-9) was considered by the City Council of the City
of National City at a public hearing held on November 24, 1992 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. CUP-1992-9 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
November 24, 1992 support the following findings.
1. That the site for the proposed use is adequate in size and shape, since there is
adequate area within the building to accommodate a full -service restaurant with
incidental alcohol sales.
2. That the site has sufficient access to streets and highways that are adequate in width
and pavement type to carry the volume and type of traffic generated by the
proposed use, since the site has access to Highland Avenue and East 22nd Street
and the use is not expected to generate a significant increase in traffic.
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Resolution No. 92-222
Page 2 of 4
3. That the proposed use will not have an adverse effect upon adjacent or abutting
properties, since the sale and consumption of alcohol will be an incidental use to a
restaurant and will take place within an enclosed building.
4. That the proposed use is deemed essential and desirable to the public convenience
or welfare, since it will provide the opportunity to purchase alcoholic beverages in
conjunction with food for the convenience and enjoyment of customers.
BE IT FURTHER RESOLVED that the application for Conditional Use Permit is
approved subject to the following conditions:
1. A sewer permit may be required if additional seating is proposed within the existing
restaurant.
2. The deteriorated portions of the existing street improvements along the property
frontages shall be removed and replaced. Specifically, four sidewalk panels (5 ft. by
5 ft. each) as marked on Highland Avenue and on 22nd Street.
3. A permit shall be obtained from the Engineering Department for the sidewalk
improvement work within the public right-of-way. The cost of the permit will be
$60.00.
4. The restroom facilities shall comply with handicapped requirements. A plan
showing dimensions and compliance shall be submitted to the Building and Safety
Department for approval.
5. There shall be no sale of alcoholic beverages without food being available for
purchase.
6. The sale of alcoholic beverages shall be for on -site consumption only.
7. Business hours and the sale of alcohol shall be from 9:00 a.m. to 10:00 p.m., Sunday
through Thursday, and from 9:00 a.m. to 11:00 p.m., Friday and Saturdays.
8. The Planning Commission shall maintain the right to review the restaurant's hours
of operation and may, subject to a public hearing, limit the business hours should
substantiated complaints be received that the business hours are creating an adverse
impact upon neighboring properties.
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Resolution No. 9 2- 2 2 2
Page 3 of 4
9. There shall be no live entertainment, dancing or audience participation activities,
including karaoke (sing along).
10. The dance floor as shown in Exhibit "A", dated 8/18/92, Case File No. CUP-1992-9,
shall be removed. Fixed seating, or a physical barrier or partition, shall be installed
to preclude the use of the premises for dancing. The location and design of the
barrier or seating shall be subject to approval of the Planning Director.
11. Except as otherwise required by conditions of approval, development plans shall be
submitted and approved by the Planning Director in conformance with Exhibit "A",
dated 8/18/92, Case File No. CUP-1992-9.
12. A sign permit shall be obtained for all signs, and illegal outdoor storage and trash
shall be removed, prior to Conditional Use Permit CUP-1992-9 becoming effective.
13. The applicant shall satisfy all necessary requirements of the State Department of
Alcoholic Beverage Control prior to Conditional Use Permit No. CUP-1992-9
becoming effective.
14. With the annual renewal of City Business License the business proprietor shall
submit a statement clearly indicating total alcoholic beverage 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 license, as may be necessary in their judgement to verify that the sale of alcohol
does not exceed the sale of food. All information obtained by an investigation of
records shall remain confidential.
15. 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 Form 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 applicant shall pay necessary recording fees to the County. The Notice of
Restriction shall provide information that conditions imposed by approval of
Conditional Use Permit -1992-9 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.
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Resolution No. 9 2- 222
Page 4 of 4
16. Use of the property as authorized by this conditional use permit shall be limited to a
restaurant with the incidental sale of beer, wine and distilled spirits for on -site
consumption.
17. 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.
18. The use of any portion of the premises at any time for dancing and/or live
entertainment whether for private parties or for the general public, shall be
prohibited, provided however that a single entertainer performing musical work, but
not including karaoke or recorded music, may be allowed pursuant to Section
18.16.140 of the Land Use Code.
19. Prior to this Conditional Use Permit becoming effective, the applicant shall notify
the Planning Department that all conditions of approval have been satisfied and
staff shall perform an inspection of the premises to verify such compliance.
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 Procedure Section 1094.6.
PASSED and ADOPTED this 8th day of December, 1992.
GEORGL H. WATERS, MAYOR
Al I EST:
3
LO I ANNE PEOPLES, CI CLERK
APPROVED AS TO FORM:
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GEORGE H. EISER, III -CITY ATTORNEY