HomeMy WebLinkAboutCC RESO 2011-39RESOLUTION 2011 — 39
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
APPROVING A CONDITIONAL USE PERMIT FOR THE EXPANSION
OF AN EXISTING RESTAURANT AND THE MODIFICATION OF
NONCONFORMING ALCOHOL SALES AT 3421 EAST PLAZA BOULEVARD
APPLICANT: ROGER SPEIR; CASE FILE NO. 2010-29 CUP
WHEREAS, the City Council considered a Conditional Use Permit for the
expansion of an existing restaurant and the modification of nonconforming alcohol sales at 3421
East Plaza Boulevard (APN: 669-101-05) at a duly advertised public hearings held on February
1, 2011, at which time oral and documentary evidence was presented; and
WHEREAS, at said public hearings the City Council considered the staff report
contained in Case File No. 2010-29 CUP 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
hearings held on February 1, 2011, support the following findings:
1. That the site for the proposed use is adequate in size and shape, since an alcohol license
has been associated with this property for some time, and the proposed entertainment
would be an accessory use to the existing restaurant in an existing neighborhood
commercial center, and is not expected to significantly increase the demand for parking in
the center.
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 Plaza Boulevard is classified as an arterial street in the Circulation Element,
and the addition of accessory live entertainment is not expected to result in an
appreciable increase in traffic.
3. That the proposed use will not have an adverse effect upon adjacent or abutting properties,
since the proposed use will be subject to conditions that restrict the hours that alcohol will
be available, require compliance with City noise standards, and require the purchase of
food with any alcohol purchase.
4. That the proposed use is deemed essential and desirable to the public convenience and
welfare, since it will contribute to the viability of a restaurant, an established and allowed
use in the applicable commercial zone.
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.
Resolution No. 2011 — 39
Page 2
BE IT FURTHER RESOLVED that the application for Conditional Use Permit is
approved subject to the following conditions:
GENERAL
1. This Conditional Use Permit authorizes live entertainment and the on -sale of beer and wine
within a restaurant located at 3421 East Plaza Boulevard. Consumption of alcoholic
beverages and live entertainment shall be limited to an area in substantial conformance
with Exhibit B, Case File No. 2010-29 CUP, dated October 28, 2010.
2. Within four (4) days of approval, pursuant to Fish and Game Code Section 711.4 and the
California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all
necessary environmental filing fees to the San Diego County Clerk. Checks shall be made
payable to the County Clerk and submitted to the National City Planning Department.
3. 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 National City Municipal Code.
4. 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.
5. This Conditional Use Permit may be revoked if the operator is found to be in violation of
Conditions of Approval.
6. Before this Conditional Use Permit shall become effective, the applicant and the property
owner shall both sign and have notarized an Acceptance Form, provided by the Planning
Division, 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 Development Services 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
Development Services Director prior to recordation.
BUILDING
7. Any plans submitted for improvements must comply with the current 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.
Resolution No. 2011 — 39
Page 3
FIRE
8. Plans submitted for improvements must comply with the current editions of the CFC, NFPA,
Title 19. and National City Municipal Codes.
9. The required width of emergency fire apparatus access roads shall not be obstructed in
any manner, including parking of vehicles. All access roads shall be no less than 20 feet
wide, no less than 14 feet high, and shall have an all weathered road with the ability to
support 75 thousand pounds or greater. Where a fire hydrant is located on a fire
apparatus road, the minimum road width shall be 26 feet.
10. The project shall be evaluated for sprinkler and fire alarm requirements.
11. A contractor license is required. Fire Protection Systems require a C-16 license, and a
Fire Alarm Systems require a C-10 license. The stamp shall be visible on all sets of
plans.
12. Fire Sprinkler, Fire Alarm, Fire Protection Systems, and Fire Underground plans are to
be directly submitted to the National City Fire Department under separate permit for
review and permitting. Fees along with three sets of plans, including all "Cut Sheets and
Calculations" shall be included upon submittal. Plan review shall be a 30 day plan review
process, or 21 working days. No over the counter plan reviews accomplished.
13. Supervision (Fire Alarm) of sprinkler piping and fire detection devices shall be
automatically supervised where more than 20 sprinklers are on the system.
14. Plans will not be reviewed until fees have been paid. Check is payable to the City
of National City.
15. Upon submittal for permit, the following shall be included for underground:
• Data sheet for Back -Flows
• Data sheets for Private and Commercial Hydrants
• Data sheets for Post Indicator Valves
16. Should any plan corrections be required, contractor must correct the plan and re -submit
to the Fire Department for approval once again prior to installation.
17. Once plans are approved, contact will be made with the contractor. Contractor will be
required to retrieve the approved plan from the National City Fire Department. The
contractor will be required to sign the permit and pick up the approved plans. Work may
not commence prior to plan pick-up.
18. A rough inspection of all work is required prior to closure. All rough work shall be visible
at time of inspection
Resolution No. 2011 — 39
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19. A request for an inspection shall be made 48 hours in advance. Inspection shall be
made once work is complete utilizing approved and stamped plans. Contractor shall be
required to have the approved plans on site per code.
20. All contractors shall possess a National City New Business License prior to Fire
Department plan submittal. A copy of the New Business License will be required at time
of plan submittal.
21. Exit signs shall be illuminated with green lettering per National City Ordinance
requirements.
22. FDC caps to be Knox FDC Plugs. The application must be acquired from the National
City Fire Department Administration Office.
23. If entrance/exit gates are used, gates shall be equipped with Knox Box and Emergency
Strobes so as to provide emergency vehicle access and egress. A Knox Key Switch
shall be required in conjunction with strobe for emergency access, and shall be placed at
front of property. Please contact the National City Fire Department for exact field
location.
24. During construction, project shall strictly following Chapter 14 of the California Fire Code
edition "Fire Safety During Construction Alteration or Demolition of a Building".
PLANNING
25. The sale of alcoholic beverages shall be limited to between the hours of 10:00 a.m. and
12:00 a.m., seven days a week.
26. 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.
Training shall include a component addressing domestic violence.
27. 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. There shall be no excessive
advertising and/or marketing that targets youth or holidays.
28. No alcoholic beverages shall be consumed outside of the interior restaurant dining area
without modification of this Conditional Use Permit.
29. No alcoholic beverages shall be available with take out or delivery service.
30. No alcohol shall be available without the purchase of food.
Resolution No. 2011 — 39
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31. The sale of alcohol shall not exceed the sale of food consumed on site. 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.
32. Permittee shall post signs, to be approved by the Planning Division, on the exterior building
walls in compliance with Section 10.30.070 of the National City Municipal Code. Said signs
shall not be less than 17 inches by 22 inches in size, with lettering not less than one inch in
height. The signs shall read as follows:
"It is unlawful to drink an alcoholic beverage or to possess an open
alcoholic beverage container in public or in a public parking lot. NCMC
10.30.050 and 10.30.060."
33. Entertainment shall be limited to the days of Wednesday through Sunday, and to the
hours of 5:00 p.m., until midnight.
34. All activities shall comply with Title 12 of the National City Municipal Code (Noise) at all
times.
35. No public concert events are permitted as part of this permit. No advertisement targeted
for a specific performer or event may be circulated outside of the restaurant, and live
entertainment shall be incidental to the restaurant use.
36. Service of the outside seating areas shall cease at 9:00 p.m. daily. Tables and chairs
shall be stored or otherwise removed from service.
37. A sound study shall be commissioned by the applicant to ensure that live entertainment
complies with Title 12 of the National City Municipal Code (Noise). Results shall be
provided to the Development Services Department and verified prior to any live
entertainment being offered.
38. A detailed landscape and underground irrigation plan, including plant types, methods of
planting, etc., shall be submitted for review and approval by the Planning Division prior to
issuance of building permits. The landscape plan shall reflect the use of drought tolerant
planting and water conserving irrigation.
39. All plans submitted for approval shall reflect a parking lot configuration that is consistent
with Land Use Code Section 18.58 — Off -Street Parking and Loading.
40. No bar is permitted as part of this approval.
POLICE
41. Permittee shall comply with all regulatory provisions of the Business and Professions Code
that pertain to the sale, display, and marketing or merchandising of alcoholic beverages.
Resolution No. 2011 — 39
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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 15th day of February, 2011.
n Morrison, Mayor
ATTEST:
A
Michael R. Della, ity Clerk
APPROVED AS TO FORM:
G. Silva'
City Attorney
Passed and adopted by the Council of the City of National City, California, on February
15, 2011 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
h l
i
411
City erk of the City o National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2011-39 of the City of National City, California, passed and adopted
by the Council of said City on February 15, 2011.
City Clerk of the City of National City, California
By:
Deputy