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Home My WebLink AboutCC RESO 2003 - 170RESOLUTION NO. 2003 — 170 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR A PRIVATE EVENT HALL AT 1830 SWEETWATER ROAD IN THE SWEETWATER TOWN AND COUNTRY SHOPPING CENTER APPLICANT: BBB, INC. CASE FILE NO. CUP-2003-21 WHEREAS, the City Council of the City of National City considered a Conditional Use Permit application for a private event hall at 1830 Sweetwater Road in the Sweetwater Town and Country shopping center at the regularly scheduled City Council meeting of November 11, 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-2003-21 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 November 11, 2003, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the existing 40,000 square foot building in the 30 acre shopping center is appropriately designed for a private event hall, and since adequate parking is available in the center for the existing commercial use plus the proposed event hall. 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 Sweetwater Road, a prime arterial road with a capacity of 50,000 Average Daily Trips (ADT) and a current volume of less than 22,000 ADT, can accommodate the trips generated by the proposed use. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the private event hall will be housed in a former bowling alley building within the fully developed and professionally managed Sweetwater Town and Country shopping center, and since the non -peak business hour operation of the event will minimize potential parking conflicts within the center. Resolution No. 2003 — 170 December 2, 2003 Page Two 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the 40,000 square foot former bowling alley building will be put back into use after remaining vacant for over seven years, and since the applicants will be able to serve the many potential clients they could not otherwise serve at their existing Southbay event hall, which is fully booked into 2005. BE IT FURTHER RESOLVED that the application is approved subject to the following conditions: 1. This Conditional Use Permit authorizes a private event hall at 1830 Sweetwater Road. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File no. CUP-2003-21, dated 8/21/2003. 2. Event hours for groups of over 400 shall be limited to Friday, Saturday and Sunday evenings between 5:00 p.m. and 1:00 a.m. All functions/events shall end not later than 1:00 a.m. 3. Adequate directional signage within the shopping center shall be provided subject to approval by the Planning Director. 4. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the Califomia Electrical Code, and California Title 24 energy and handicapped regulations. 5. All persons who will be serving alcoholic beverages shall receive and complete training in Responsible Beverage Service, and only person over the age of 21 shall be permitted to serve alcoholic beverages. 6. No consumption of alcoholic beverages or possession of open alcohol beverage containers shall be allowed outside of the building where the event is held. 7. When alcoholic beverages are served, the facility shall have a minimum of two licensed, uniformed security guards. Additional security guards shall be on site as required to maintain an on -site ratio of one security guard for every 100 guests inside the building. At least one security guard shall be inside the building and one security guard is to patrol the parking lot to prevent consumption of alcoholic beverages in the parking lots and surrounding areas. 8. The Police Department shall be notified seven (7) days in advance of any event at which alcoholic beverages will be served. The Police Department will be allowed access to inspect such events. 9. The sale of alcoholic beverages during any event is prohibited. Resolution No. 2003 — 170 December 2, 2003 Page Three 10. The catering manager shall have the one -day ABC license posted in a public place. 11. Review of the business for compliance with conditions of approval shall occur after the first year of operation of the business. 12. 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. 13. 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. 14. No events requiring paid admission shall be held. 15. Concerts, wrestling matches and other entertainment events are allowable subject to issuance of a Temporary Use Permit for the event. 16. The facility shall remain in compliance with the Noise Ordinance (Title 12) of the Municipal Code. 17. Repeated occurrences of unruly behavior shall constitute grounds for revocation of this permit. 18. The use of self-service and/or over -ice displays of alcohol products is prohibited. 19. Not more than one alcoholic beverage shall be served to a person at a time. 20. Submit to the Planning Department a written policy clearly describing the process by which alcohol will be served. The vendor and/or establishment shall adhere to said policy. 21 Alcoholic beverages shall not be served within one hour of the close of any event. 22. Whenever alcoholic beverages are served, food and other beverages (e.g. punch, water, coffee, etc.) shall be served/provided. Resolution No. 2003 — 170 December 2, 2003 Page Four 23. All alcoholic beverages shall be served in 8 ounce, or smaller, cups. No pitchers or bottles are allowed outside of the bartending area. 24. Alcoholic beverages are not permitted to be brought in from outside during events. 25. The main entrance to the facility shall be on the west side of the building. 26. Security cameras shall be placed on the outside of the building. 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 2nd day of December, 2003. ATTEST: 'Michael Dalla, City Clerk APPROVED AS TO FORM: c) George H. Eiser, III City Attorney