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HomeMy WebLinkAboutCC RESO 2012-49RESOLUTION NO. 2012 — 49 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 for Live Entertainment at McDini's Bar/Restaurant, located at 105 East 8th Street with a Zone Variance for less than required parking at a duly advertised public hearings held on November 7 and December 5, 2011, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing, the Planning Commission considered the staff report contained in Case File No. 2010-33 CUP, maintained by the City and incorporated herein by reference, along with evidence and testimony from said hearing; and WHEREAS, the Planning Commission voted to approve the Conditional Use Permit for Live Entertainment at McDini's Bar/Restaurant located at 105 East 8th Street with a Zone Variance for Tess than required parking by a unanimous vote in favor of approval; and WHEREAS, a Notice of Determination was before the City Council on January 10, 2012, and a public hearing was set for February 7, 2012, and continued to February 21, 2012; and WHEREAS, the City Council considered 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 at duly advertised public hearings held on February 7 and 21, 2012, 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. 2010-33 CUP, maintained by the City and incorporated herein by reference along with evidence and testimony from said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by state and City laws; 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 7 and 21, 2012, 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 — 49 February 21, 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 adjacent or abutting properties, since the live entertainment and dancing activities would occur inside an existing building previously devoted to similar uses. Also, conditions of approval controlling said activities on site will reduce any potential for adverse effects. RECOMMENDED FINDINGS FOR APPROVAL OF THE ZONE VARIANCE 1. Because of special circumstances applicable to the property, including size and surroundings, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other properties in the vicinity and under the identical zone classification, since the property is completely developed and cannot be modified to construct additional parking, and since the building is not being expanded beyond the existing envelope within which the expansion is proposed. 2. The requested Variance is subject to such conditions that will assure that the authorized adjustment will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, since there are multiple businesses in the Downtown Specific Plan Area that have less than required parking or no parking in some cases, and since the majority of area businesses are closed in the evenings when the majority of the subject property's patrons are in attendance, thus making nearby street parking spaces available. 3. The Variance does not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property, since the existing bar/restaurant use is permitted in Downtown Specific Plan Development Zone 9. 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 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. 2. 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. In the event that the stipulated judgment is modified to allow for live entertainment, the following conditions shall apply: Resolution No. 2012 — 49 February 21, 2012 Page Three a. If after 12 consecutive months there are no incidents, the parties agree to meet to discuss whether the stipulated judgment should remain in place. b. If any incidents involving calls for service involving any types of violence occur in a 12 month period at McDini's, the areas adjacent to McDini's, at Big Bens or Union Bank, or the McDini's parking lot, and the Police Department responds, then McDini's agrees to penalties, as follows: 1st incident: $1,000 ii. 2nd incident: $2,000 iii. 3rd incident: $3,000 If an incident occurs that requires more law enforcement resources, the cost of which exceeds the penalty, McDini's agrees to reimburse for the additional costs. c. If four incidents occur within a 12 month period, then all live entertainment immediately ceases and is suspended for 12 months. This condition is separate and additional to condition number 15 allowing for a revocation if there is a 10% increase in calls for service between the hours of 5:00 p.m. and 3:00 a.m. Applicant waives any right to an appeal for the imposition of a one year suspension of operations based upon four incidents occurring during a 12 month period. 3. 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 to the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 4. 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. 5. 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. 6. 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 Division 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 Resolution No. 2012 — 49 February 21, 2012 Page Four 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 City Manager, or designee, prior to recordation. 7. If approved, this Conditional Use Permit shall be subject to a six-month review in order to guarantee compliance with Conditions of Approval, and to ensure no significant impacts to area residents or uses have occurred. The CUP shall be reviewed every six months after approval for a minimum of two years. 8. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. BUILDING 9. Plans submitted for construction shall comply with the 2010 editions of the California Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential, and Green Codes. FIRE 10. Plans submitted for construction shall comply with the 2010 edition of the California Fire Code and the 2010 edition of National Fire Protection Agency ("NFPA"). PLANNING 11. Live entertainment shall be limited to between the hours of 6 p.m. to 1 a.m., Thursday through Sunday. 12. All operations and activities, including live entertainment, shall comply with Title 12 (Noise Control) of the National City Municipal Code. 13. All doors shall remain closed during any and all live entertainment events. 14. A uniformed professional guard service shall be hired and on the premises between the hours of 6:00 p.m. and 2:00 a.m., on all nights live entertainment is provided. The guard service shall patrol the outside of the premises as well as the inside, and shall prevent any loitering and/or undesirable activity in the parking lot. 15. The Conditional Use Permit shall be subject to revocation by the Planning Commission if the Chief of Police determines that the reinstatement of live entertainment has resulted in or significantly contributed to a ten percent (10%) increase in the demand for police services during the hours of 5:00 p.m. to 3:00 a.m. The demand for police services and police enforcement activities in this immediate area will be reviewed quarterly. a. An appeal may be heard before an independent arbitrator jointly selected, if the parties agree. Applicant bears the costs of any arbitration proceeding. Resolution No. 2012 — 49 February 21, 2012 Page Four b. If the ruling is against Applicant, a letter shall be sent to the Department of Alcoholic Beverage Control ("ABC") requesting modification of the ABC liquor license to exclude live entertainment. 16. The Conditional Use Permit shall be subject to review by the Planning Commission one year from the date of the Resolution approving said permit. 17. The premises and parking lot shall be maintained and adequate lighting provided at the entrances, exits, and the parking lot during hours of operation. The parking lot lighting shall be shielded and shall not overflow to adjacent properties. Graffiti shall be removed within 72 hours. 18. Signs shall be posted at each entrance to the applicant's premises prohibiting loitering on or in front of the premises. 19. Permittee shall post signs, to be approved by the Planning Division, on the exterior building walls in compliance with Chapter 10.30.070 of the National City Municipal Code. Said signs shall not be less than 17 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. 20. A video surveillance system shall be installed to monitor activity throughout the project site. Details for the system shall be shown on building permit (tenant improvement) plans and shall be reviewed by and be acceptable to the Police Department. 21. 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. 22. A minimum of three guards per live entertainment event shall be present as follows: The guards/security must be licensed and certified. One armed guard (off duty police officer or equivalent) and two other guards for the exterior; and one staff person for the purposes of security shall be present inside. There will be a security guard present at each point of entry/exit to the premises. 23. A dress code shall be observed for live entertainment events as follows: a. No ball caps. b. No gang colors or attire. c. No persons appearing intoxicated, inebriated, or appearing under the influence. d. No weapons. Resolution No. 2012 — 49 February 21, 2012 Page Five POLICE 24. 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 or to live entertainment. 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 21st day of Februa 012. ATTEST: N Michael R. Dalla, City Clerk A'` ' ' OVED AS TO FORM: is Ga City Attorney a Silva on Morrison, Mayor Passed and adopted by the Council of the City of National City, California, on February 21, 2012 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 !, o City Clerk of the City National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2012-49 the City of National City, California, passed and adopted by the Council of said City on February 21, 2012. City Clerk of the City of National City, California By: Deputy