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HomeMy WebLinkAboutCC RESO 2006-191RESOLUTION NO. 2006 — 191 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR THE MODIFICATION OF CUP-2004-11 TO ALLOW THE SALE OF DISTILLED SPIRITS AT BEN'S 1615 RESTAURANT LOCATED AT 1615 SWEETWATER ROAD APPLICANT: BENJAMIN O. CAMACHO CASE FILE NO. M1-CUP-2004-11 , the City Counciof the Ciof NationCity Conditional Use PermitV or ttheAmodifcat on of CUP-- 2004-11 to allow the sale of distilledespir a at Ben's 1615 Restaurant at 1615 Sweetwater Road at the regularly scheduled City Council meeting of August 22, 2006, at which time oral and documentary evidence was presented; and ts WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File No. M1-CUP-2004-11, 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. National City, Californa�ha theRtestOmony and evidence presented t, BE IT RESOLVED by theo thety City CouncIl C of theCouncil attt of e public hearing held on August 22, 2006, support the following findings: he 1. That the site for the proposed use is adequate in size and shape, since the addition of distilled spirits sales for on -site consumption will be in an existing restaurant permitted for beer and wine sales, at Sweetwater Medical Plaza, as shown on submitted plans. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the restaurant is existing, is currently permitted for beer and wine sales, and is located in a developed commercial area. 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 not substantially affect traffic. 4. That the proposed use is deemed desirable to the public convenience and welfare, since the sale of distilled spirits will increase services offered by the restaurant, resulting in enhanced service for its customers. 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: Resolution 2006 — 191 September 5, 2006 Page 2 1. This Conditional Use Permit authorizes the sale of distilled spirits for on -site consumption at Ben's 1615 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. M1-CUP- 2004-11, dated 5/23/2006. 2. The sale and consumption of all alcohol products shall be limited to indoor restaurant areas and is prohibited in the patio area. 3. If separate ABC licenses are issued for each floor of the restaurant, they shall be held by the same person or business. 4. Karaoke is permitted inside the building only and is prohibited in the patio. 5. No coin operated amusement devices shall be operated on the licensed premises. 6. 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. 7. The sale of alcohol shall be prohibited after 10:00 p.m. and before 7:00 a.m. except on Fridays, when it shall be prohibited after 11:00 p.m. and before 7:00 a.m. 8. All persons who will be serving alcoholic beverages shall 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. 9. 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. 10. The applicant shall obtain a Police permit as specified in Chapter 10.78 of the Municipal Code for any live entertainment event. 11. 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. Resolution 2006 — 191 September 5, 2006 Page 3 12. 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. 13. 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. 14. No alcohol shall be available without the purchase of food. 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 5th day of September, 2006. Nic ATTEST: /r Mich. el Della, •,, y Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on September 5, 2006, by the following vote, to -wit: Ayes: Councilmembers: Inzunza, Morrison, Natividad , Parra, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA By: Mayor of the City of National City, California City C rk of the ity o National City, California Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2006-191 of the City of National City, California, passed and adopted by the Council of said City on September 5, 2006. City Clerk of the City of National City, California By: Deputy