Loading...
HomeMy WebLinkAboutCC RESO 2012-43NOT ADOPTED RESOLUTION NO. 2012-43 A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR LIVE ENTERTAINMENT AT MCDINI'S BAR / RESTAURANT LOCATED AT 105 EAST 8TH STREET, WITH A ZONE VARIANCE FOR LESS THAN REQUIRED PARKING. (Development Services / Planning) This Resolution was not adopted at the National City City Council / Successor Agency to the Community Development Commission as the National City Redevelopment Agency / Community Development Commission - Housing Authority of the City of National City Regular Meeting of February 7, 2012. February 9, 2012 j Michael R. D`alla, CMC City Clerk City of National City RESOLUTION NO. 2012 — 43 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR LIVE ENTERTAINMENT AT MCDINI'S BAR/RESTAURANT LOCATED AT 105 EAST 8TH STREET, WITH A ZONE VARIANCE FOR LESS THAN REQUIRED PARKING WHEREAS, the Planning Commission considered a Conditional Use Permit ("CUP") for Live Entertainment at McDini's Bar/Restaurant, located at 105 East 8th Street, with a Zone Variance for less than required parking at duly advertised public he. _ °M1 ; eld on November 7 and December 5, 2011, at which time oral and documents , • was presented; and WHEREAS, at said public hearing, the Planning C report contained in Case File No. 2010-33 CUP, maintained by t by reference, along with evidence and testimony from said he WHEREAS, the Planning Commission vote Permit Live Entertainment at McDini's Bar/Restaurant, to Variance for less than required parking by a unanimo sidered the staff corporated herein e the Conditional Use st 8th Street, with a Zone favor of approval; and WHEREAS, a Notice of Determina •re the City Council on January 10, 2012, and a public hearing was set for Feb .;. nd WHEREAS, the City Council con Entertainment at McDini's Bar/Restaurant, less than required parking at a duly adv which time oral and documentary eviden WHEREAS, at said contained in Case File No. 2010-33 reference along with evidence and to onditional Use Permit for Live ast 8th Street, with a Zone Variance for c hearing held on February 7, 2012, at sented; and , the City Council considered the staff report tained by the City and incorporated herein by ony from said hearing; and WHEREAS s action is taken pursuant to all applicable procedures required by state and City laws; and WHE' -: ``z:ae action recited herein is found to be essential for the preservation of public health, sa • r: neral welfare. National Cit held on Fe FORE, BE IT RESOLVED by the City Council of the City of stimony and evidence presented to the City Council at the public hearing , support the following findings: RECOMMENDED FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 1. That the site for the proposed use is adequate in size and shape since the addition of 835 square feet would be inside the existing building envelope and the extension of live entertainment hours and the addition of dancing would occur inside the existing building. Resolution No. 2012 — 43 February 7, 2012 Page Two 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 subsequent 84 additional average daily trips can easily be accommodated by 8th Street, an arterial street. 3. That the proposed use will not have an adverse effect upon adja since the live entertainment and dancing activities would occu previously devoted to similar uses. Also, conditions of appro site will reduce any potential for adverse effects. RECOMMENDED FINDINGS FOR As x",SVAL THE ZONE VARIANC 1. Because of special circumstances applicable to surroundings, the strict application of Title 18 o property of privileges enjoyed by other prop zone classification since the property is construct additional parking, and since th existing envelope within which the expan 2. The requested Variance is subjec authorized will not constitute a gr upon other properties in the v;cinity are multiple businesses in t parking or no parking in som closed in the evenings when t attendance, thus ma g nearb 3. The Variance do by the zoning re bar/restaura g properties, ing building aid activities on erty, including size and icipal Code (Zoning) deprives such vicinity, and under the identical oped and cannot be modified to not being expanded beyond the osed. nditions that will assure that the adjustment I privileges inconsistent with the limitations a & in which such property is situated since there pecific Plan Area that have less than required nd since the majority of area businesses are ajority of the subject property's patrons are in reet parking spaces available. orize a use or activity that is not otherwise expressly authorized rning the parcel of property, since the existing ermitted in Downtown Specific Plan Development Zone 9. B I `' RESOLVED that the application for Conditional Use Permit is approved subje "*v,h "`F il:ing conditions: GENERAL 31. This Con. al Use Permit authorizes an approximately 835 square -foot interior addition, live entertainment and dancing from 6 p.m. to 1 a.m. Thursday through Sunday, and the construction of a 6-foot by 20-foot stage, with a 9-foot by 20-foot dance area for the live entertainment. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2010-33 CUP, dated September 1, 2011. 32. No live entertainment, dancing, or construction of any stage or dancing area may commence until the stipulated judgment has been rescinded or modified appropriately so as to allow for such activities. • • • Resolution No. 2012 — 43 February 7, 2012 Page Three 33. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Depa 34. This permit shall become null and void if not exercised within one option of the Resolution of approval unless extended according to procedure sp- s:;.s Section 18.116.190 of the Municipal Code. 35. This permit shall expire if the use authorized by this res of 12 months or longer. This permit may also be revo Land Use Code, if discontinued for any lesser period 36. Before this Conditional Use Permit shall becom owner both shall sign and have notarized an A Department, acknowledging and accepting permit. Failure to return the signed and n receipt shall automatically terminate the submit evidence to the satisfaction of the Real Property is recorded with the recording fees to the County. Th conditions imposed by approval o future interest holders or esta - holde approved as to form by the recordation. 37. If approved, this Con guarantee complia area residents or approval for a 38. This Conditi Conditio , o BUILDING 39. Plans s Building, FIRE tinued for a period provisions of the e, the applicant and the property e Form, provided by the Planning imposed upon the approval of this ance Form within 30 days of its se Permit. The applicant shall also irector that a Notice of Restriction on r. The applicant shall pay necessary estriction shall provide information that onal Use Permit are binding on all present or e property. The Notice of Restriction shall be d signed by the Planning Director prior to al Use Nf rmit shall be subject to a six-month review in order to ith Conditions of Approval and to ensure no significant impacts to occurred. The CUP shall be reviewed every six months after years. rmit may be revoked if the operator is found to be in violation of ed for construction shall comply with the 2010 editions of the California rical, Mechanical, Plumbing, Energy, Fire, Residential and Green Codes. 40. Plans submitted for construction shall comply with the 2010 edition of the California Fire Code and the 2010 edition of NFPA. PLANNING 41. Live entertainment shall be limited to between the hours of 6 p.m. to 1 a.m., Thursday through Sunday. Resolution No. 2012 — 43 February 7, 2012 Page Four 42. All operations and activities, including live entertainment, shall comply with Title 12 (Noise Control) of the National City Municipal Code. 43. All doors shall remain closed during any and all live entertainment ev 44. A uniformed professional guard service shall be hired and on t hours of 6:00 p.m. and 2:00 a.m. on all nights live entertain service shall patrol the outside of the premises as well as any loitering and/or undesirable activity in the parking lot. 45. The Conditional Use Permit shall be subject to revoca the Chief of Police determines that the reinstatemen or significantly contributed to a ten (10) percent in during the hours from 5:00 p.m. to 3:00 a.m. Th enforcement activities in this immediate area w 46. The Conditional Use Permit shall be subj year from the date of the Resolution appring saiaermit. between the d. The guard shall prevent ing Commission if ertainment has resulted in, mand for police services d for police services and police ewed quarterly. 47. The premises and parking lot shall entrances, exits and the parking I be shielded and shall not overflo 72 hours. the Planning Commission one nd adequate lighting provided at the urs of operation. The parking lot lighting shall properties. Graffiti shall be removed within 48. Signs shall be posted at each '` `o the applicant's premises prohibiting loitering on or in front of the premises. 49. Permittee shall pos walls in complian shall not be less The signs sh ns, to be approved by the Planning Division, on the exterior building apter 10.30.070 of the National City Municipal Code. Said signs inches in size, with lettering not less than one inch in height. follows: a. "It is `:drink an alcoholic beverage or to possess an open alcoholic airier in public or in a public parking lot. NCMC 10.30.050 and 50. A videeillance system shall be installed to monitor activity throughout the project site. .`:�t�M, Details for $' system shall be shown on building permit (tenant improvement) plans and shall be reviewed by and be acceptable to the Police Department. 51. The property shall have a dumpster on site, which shall have a locking cover and gate. Details for the dumpster shall be shown on building plans. 52. A minimum of two security guards shall be present outside the building during and after entertainment events. At least one of the security guards shall be an off -duty police officer or equivalent. Resolution No. 2012 — 43 February 7, 2012 Page Five POLICE 53. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, display and marketing or merchandi alcoholic beverages or to live entertainment. BE IT FURTHER RESOLVED that copies of this Restic forthwith to the applicant. transmitted anv BE IT FURTHER RESOLVED that this Resolufe effective and final on the > s ��^ <<...:$'S. the day following the City Council meeting where the Resol f...'s ado The time within which judicial review of this decision may be sought is governed ,±visions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 7th day ary, 2012. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FOR Claudia Gacitua Sil City Attorney