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Home My WebLink AboutCC RESO 2004 - 128RESOLUTION NO. 2004- 128 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE AT AN EXISTING RESTAURANT IN SWEETWATER SQUARE SHOPPING CENTER AT 3007 HIGHLAND AVENUE APPLICANT: HONG MING LO - CHINA SUPER BUFFET CASE FILE NO. CUP-2003-28 WHEREAS, the City Council of the City of National City considered a Conditional Use Permit application for the sale of beer and wine at an existing restaurant, in Sweetwater Square Shopping Center at 3007 Highland Avenue at the regularly scheduled City Council meeting of July 6, 2004, 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-2003-28 and 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 July 6, 2004, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the sale of beer and wine for on -site consumption will be complimentary to an existing 6,500 square foot buffet -style restaurant in a 104,662 square foot commercial building. 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 restaurant is existing and the proposal will result in only a marginal increase in traffic. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the restaurant is already existing and is located within a fully - developed shopping center separated from Sweetwater High School and residential areas by 30th Street. Also, conditions of approval controlling the sale and consumption of beer and wine on site will alleviate the potential for adverse effects. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the restaurant offers a quality dining experience to it's patrons, and the addition of beer and wine will enhance this experience. Resolution No. 2004 — 128 July 20, 2004 Page Two 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 is approved subject to the following conditions: 31. This Conditional Use Permit authorizes the sale of beer and wine for on -site consumption at China Super Buffet Restaurant. 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-2003-28, dated 12/1/03. 32. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and Califomia Title 24 energy and handicapped regulations. 33. Beer and wine shall be stored in the kitchen area and shall be served by the host/hostess upon request. 34. All persons who will be serving alcoholic beverages should receive L.E.A.D. training in Responsible Beverage Service from the State Department of Alcoholic Beverage Control or Responsible Hospitality Coalition, and be at least 21 years of age. 35. No consumption of alcoholic beverages outside of the building. 36. All ABC regulations shall be obeyed. 37. Permittee shall comply with all regulatory ,provisions of the Business and Professions Code, section 25600 through 25667, currently in effect or as may be amended, regarding sales, displays and marketing or merchandising of alcoholic beverages. 38. The sale of alcoholic beverages shall be prohibited between the hours of 10:00 p.m. and 11:00 a.m. 39. 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 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. Resolution No. 2004 —128 July 20, 2004 Page Three 40. 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. 41. 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 visible to the exterior, shall constitute a violation of this condition. 42. 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. 43. No'coin operated amusement devices shall be operated on the licensed premises. 44. The sale of alcoholic beverages in pitchers or in containers of more than 16 ounces shall be prohibited. 45. 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. 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. 46. 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. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. Resolution No. 2004 — 128 July 20, 2004 Page Four 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 July, 2004. ATTEST: Mic .el Dalla, Cjtjr Clerk APPROVED AS TO FORM: t'�- George H. Eiser, III City Attorney