HomeMy WebLinkAboutCC RESO 94-182RESOLUTION NO. 9 4-18 2
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY APPROVING A
CONDITIONAL USE PERMIT APPLICATION
TO ALLOW LIVE ENTERTAINMENT (KARAOKE) AT A RESTAURANT AT
1125 NATIONAL CITY BOULEVARD
APPLICANT: LOURDES B. HESSON
CASE FILE NO. CUP-1994-12
WHEREAS, the appeal of the City Council from the Planning Commission's approval of
Conditional Use Permit -1994-12 to allow live entertainment at a restaurant at 1125 National City
Boulevard was considered at the regularly scheduled City Council meeting of December 13, 1994, at
which time oral and documentary evidence was presented; and,
WHEREAS, at said public hearing the City Council considered the staff report prepared for Case
File No. CUP-1994-12 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, this 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,
California, that the testimony and evidence presented to the City Council at the public hearing held on
December 13, 1994, 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 2,500 sq.ft. restaurant for karaoke sing -along.
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
use will be incidental to an existing restaurant and is not expected to generate a significant
amount of additional traffic.
3. That the proposed use will not have an adverse effect upon adjacent or abutting properties,
since the use will be conducted entirely within an enclosed building.
4. That the proposed use is deemed essential and desirable to the public convenience and welfare,
since karaoke sing -along will be provided as entertainment for restaurant customers.
CONTINUE ON PAGE 2
Resolution No. 9 4— 1 8 2
Page 2
BE IT FURTHER RESOLVED that the application is approved subject to the following
conditions:
1. Permitted live entertainment shall be limited to karaoke consisting of amplified, pre-recorded
music in which customers participate in a sing -along.
2. Permitted hours for karaoke shall be between 11:00 a.m. and 12:00 midnight, seven days a
week.
3. If substantiated complaints are received regarding noise from nearby properties, Planning
Commission may initiate proceedings for revocation of the permit. Such revocation shall occur
if it is determined that the use is operating in a manner contrary to conditions of approval or is
resulting in noise impacting nearby properties.
4. 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-1994-12 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.
5. Use of the property as authorized by this Conditional Use Permit shall be limited to karaoke as
an incidental use to a restaurant.
6. 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.
7. The applicant shall participate in a parking assessment district if one is established in the
area in the future.
BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to
the applicant; and,
CONTINUED ON PAGE 3
Resolution No. 9 4-18 2
Page 3
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 20th day of December, 1994.
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G ORGE H. ATERS, MAYOR
ATTEST:
LO ANNE PEOPLES, CI`FY CLERK
APPROVED AS TO FORM:
GEORGE H. EISER, III -CITY ATTORNEY