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HomeMy WebLinkAboutCC RESO 2003 - 74RESOLUTION NO. 2003 — 74 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE AT PAT & OSCAR'S RESTAURANT AT PLAZA BONITA APPLICANT: PAT & OSCAR'S CASE FILE NO. CUP-2003-6 WHEREAS, the City Council of the City of National City considered a Conditional Use Permit application for the sale of beer and wine at Pat & Oscar's Restaurant at Plaza Bonita, at the regularly scheduled City Council meeting of May 20, 2003, 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-2003-6 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 20, 2003, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the proposed use will be housed in an existing restaurant and requires no additional construction. 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 proposed use is served by both Plaza Bonita Road and Sweetwater Road, arterial streets, and since the addition of alcohol sales at an existing restaurant is not expected to increase the amount of traffic to the site. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed use will be compatible with other businesses; and since it will be located approximately 500 feet from the nearest residential properties and will be subject to conditions that limit the sale of alcohol, restrict the hours that it will be available, and ensure that it remains accessory to the sale of food. Resolution No. 2003 — 74 June 3, 2003 Page Two 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the facility will provide opportunities to consume beverages that are often requested by consumers in a family restaurant setting. 5. That public convenience and necessity may be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that the application for the Conditional Use Permit is approved subject to the following conditions: 1. This Conditional Use Permit authorizes the incidental sale of beer and wine in a restaurant at 3030 Plaza Bonita Road, Suite 1106, as shown on the attached plans (Exhibit "A", case file no. CUP-2003-6, dated 2/18/2003). 2. Permittee shall comply with all regulatory provisions of the Business and Professions Code Sections 25600 through 25667, currently in effect or as may be amended, regarding sales, displays and marketing or merchandising of alcoholic beverages. 3. The sale of alcoholic beverages shall be permitted only between the hours of 10:00 a.m. and 10:00 p.m. 4. Signs shall be posted in the patio dining area indicating that alcoholic beverages must be consumed inside the restaurant or patio area and may not be taken off -premises. 5. The rear door(s) of the premises shall be kept closed at all times during the operation of the business except in case of deliveries or emergencies. 6. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visibleto the exterior, shall constitute a violation of this condition. 7. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other commodities during the same period. The applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand. permitted. Resolution No. 2003 — 74 June 3, 2003 Page Three. 8. With the annual renewal of the National 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 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. 9. No coin operated amusement devices shall be operated on the licensed premises. 10. Before this Conditional Use Permit shall become effective, the applicant and the property owner both 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 the Conditional Use Permit 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. 11. 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 18.1 16.190 of the Municipal Code. 12. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 13. Restaurant employees shall complete training regarding the service of alcohol before serving any beer or wine. This shall include either Responsible Beverage Server (RBS) training provided by the Responsible Hospitality Coalition, Licensee Education on Alcohol and Drugs (LEAD) training provided by the California Department of Alcoholic Beverage Control, (ABC) or similar instruction provided by qualified individuals and recognized by ABC. Documentation regarding completion of such training shall be kept on the premises and made available to any Planning Department employee upon request. 14. No self-service of alcohol or over -ice displays of alcohol shall be Resolution No. 2003 — 74 June 3, 2003 Page Four 15. There shall be no promotions of alcohol sales. 16. The sale of wine with an alcoholic content greater than 15% by volume and the sale of malt liquor are prohibited. 17. There shall be no sale of alcoholic beverages with catering services. This permit authorizes the sale of beer and wine for on -site consumption only. 18. There shall be no sale of alcoholic beverages without the sale of food. 19. This Conditional Use Permit shall expire two years from the date of adoption of this Resolution. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. 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 3'd day of June, 2003. Nick Inzuh-z ,, Mayor ATTEST: Mich el Dalla, Cit Clerk APPROVED AS TO FORM: George H. iser, III City Attorney