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Home My WebLink AboutCC RESO 2005 - 102RESOLUTION NO. 2005 —102 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE AND FOR KARAOKE AT CASA DEL TACO RESTAURANT AT 1635 SWEETWATER ROAD APPLICANT: CESAR CARRILLO CASE FILE NO. CUP-2005-1 WHEREAS, the City Council of the City of National City considered a Conditional Use Permit application for the sale of beer and wine and for karaoke at Casa Del Taco Restaurant at 1635 Sweetwater Road at a duly advertised public hearing held on May 17, 2005, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report contained in Case File No. CUP-2005-1, maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and WHEREAS, the 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 that the testimony and evidence presented to the City Council at the public hearing held on May 17, 2005, 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 in an established restaurant, which is currently undergoing expansion at Sweetwater Plaza Shopping Center, as shown on submitted plans. 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 addition of accessory alcohol sales will not substantially affect traffic. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the restaurant is located in a fully -developed commercial area, and since karaoke will be limited to indoor space. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will contribute to the viability of the restaurant, an established and allowed use in the applicable commercial zone. Resolution No. 2005 —102 June 7, 2005 Page 2 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 Conditional Use Permit is approved subject to the following conditions: 1. This Conditional Use Permit authorizes the sale of beer and wine for on -site consumption and for karaoke at Casa del Taco Restaurant. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits. A -Revised, Case File No. 2005-1, dated January 31, 2005. 2. 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 California Title 24 energy and handicapped regulations. 3. Permittee shall comply with all regulatory provisions of 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. 4. The sale of alcoholic beverages shall be prohibited between the hours of 10:00 p.m. and 9:00 a.m. 5. Beer shall be served by the bottle only and wine only by the glass. 6. No alcoholic beverages shall be served or consumed in the patio area unless it is enclosed to the satisfaction of the Planning Director. 7 No "Happy Hour", or other designated time where alcoholic beverages are sold at a discount, is allowed. 8. 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. 9. All persons who will be serving alcoholic beverages should receive L.E.A.D. (Licensee Education on Alcohol and Drugs) 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. 10. Two members of staff who are L.E.A.D. (Licensee Education on Alcohol and Drugs) certified shall be present outside the restaurant at closing time to ensure that patrons leave the premises in a timely and orderly fashion. Resolution No. 2005 —102 June 7, 2005 Page 3 11. No alcohol shall be available without the purchase of food. 12. The sale of alcohol shall not exceed the sale of food. 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 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. 13. 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. 14. No coin operated amusement devices shall be operated on the licensed premises. 15. 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, whi,-h are clearly visible to the exterior, shall constitute a violation of this condition. 16. Karaoke is permitted only in the indoor restaurant area and is prohibited in the patio. 17. Karaoke shall be limited to no more than two evenings a week. 18. 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. 19. 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. Resolution No. 2005 —102 June 7, 2005 Page 4 20. 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. 21. This Conditional Use Permit shall be reviewed 24 months from the date of adoption of this Resolution to determine compliance with the foregoing conditions of approval. 22. "Ice" displays of alcoholic beverages are prohibited. 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 7th day of June, 2005. Nick Lnzua, Mayor ATTEST: el R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney