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Home My WebLink AboutCC RESO 95-77RESOLUTION NO. 95-77 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A PLANNED DEVELOPMENT PERMIT FOR AN ADDITION TO A SHOPPING CENTER FOR A RESTAURANT, AND FOR THE SALE OF BEER, WINE AND DISTILLED SPIRITS WITHIN THE RESTAURANT AT 3030 PLAZA BONITA ROAD, SUITE 1298. APPLICANT: JOHN TARLOS CASE FILE NO. PD-1995-2 WHEREAS, the appeal of the City Council of the City of National City from the Planning Commission's approval of a Planned Development Permit application for an addition to a shopping center for a restaurant, and for the sale of beer, wine and distilled spirits within the restaurant at 3030 Plaza Bonita Road, Suite 1298, at the regularly scheduled City Council meeting of May 23, 1995, 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. PD-1995-2, 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 May 23, 1995, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the project is in accordance with all Land Use Code requirements including setbacks and parking. The sale of alcoholic beverages will take place within the proposed building and a portion of the existing shopping center, and will not affect the space needs of the shopping center. 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 shopping center has frontage on and access to Plaza Bonita Road, a roadway of adequate capacity to accommodate the additional traffic the restaurant can be expected to generate. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the restaurant will be located on the westerly side of the existing shopping center, and is oriented away from the nearest residences which are approximately 1,200 feet away and at an elevation approximately 50 feet higher than the center. CONTINUED ON PAGE 2 Resolution No. 95-77 Page 2 of 4 4. That the proposed use is deemed essential and desirable to the public convenience or welfare, since it will provide a facility for shoppers at the shopping center to purchase meals and beverages, as well as provide another family -oriented restaurant in National City. BE IT FURTHER RESOLVED that the application is approved subject to the following conditions: 1. The project shall be in accordance with the applicable requirements of the 1991 Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, the 1990 National Electrical Code, Title 24 State Energy Regulations and Title 24 State Handicapped Regulations. 2. School fees shall be paid pursuant to Government Code Section 65995 (Developer Fees) prior to issuance of the building permit. 3. A sewer permit shall be obtained for the proposed addition. The applicant shall apply to the National City Engineering Department for payment of the required sewer fees. 4. Any modifications to the sprinkler system shall require plan submittal to the Fire Department by a qualified and licensed sprinkler contractor, prior to any work being done. 5. Any modifications to the fire alarm system shall require plan submittal to the Fire Department by a qualified and licensed fire alarm contractor, prior to any work being done. 6. Fire extinguishers shall be provided in accordance with NFPA standards. 7. Plans shall be submitted to the Fire Department by a qualified and licensed contractor for the automatic fire suppression system that protects the cooking equipment. 8. Exiting shall be in accordance with the Uniform Building Code. 9. Occupant loads shall be in accordance with the Uniform Building Code. 10. Roof -mounted equipment shall be screened in accordance with Section 18.86 of the National City Municipal Code. 11. Live entertainment shall be prohibited, except as provided for by Section 18.16.140 of the National City Municipal Code. CONTINUED ON PAGE 3 Resolution No. 9 5 — 7 7 Page 3 of 4 12. A landscaping and irrigation plan shall be submitted with the building plans. The landscaping plan shall show the removal, relocation and replacement of any landscaping affected by the construction of the restaurant. The landscaping and irrigation plans shall be subject to approval of the Planning Director. 13. Except as otherwise required by conditions of approval, development plans shall be submitted for review and approval by the Planning Director in conformance with Exhibit A, Case File No. PD-1995-2, dated 02/23/95. 14. With the annual renewal of the 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 licensee, as may be necessary in their judgment 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 Planned Development 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 approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Planned Development 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 the Planned Development Permit No. 1995-2 are binding on all present and 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. 16. The use of the property authorized by this permit shall be limited to a restaurant with the incidental service of beer, wine and distilled spirits. 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 hours of operation shall be limited to 10:00 a.m. to 12 midnight, seven days a week. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant; and, CONTINUED ON PAGE 4 Resolution No. 9 5 - 7 7 Page 4 of 4 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 6th day of June, 1995. GEORGEfI. WATERS, MAYOR ATTEST: iLL LO ANNE PEOPLES, ITY CLERK APPROVED AS TO FORM: GEORGE H. EISER, III -CITY ATTORNEY