HomeMy WebLinkAboutCC RESO 2012-73RESOLUTION NO. 2012 — 73
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
APPROVING A CONDITIONAL USE PERMIT FOR THE SALE OF
BEER AND WINE AT A PROPOSED WINGSTOP RESTAURANT
LOCATED AT 932 HIGHLAND AVENUE.
WHEREAS, the National City Planning Commission considered a Conditional
Use Permi ("CUP") for the sale of beer and wine at a proposed Wingstop restaurant located at
932 Highland Avenue at a duly advertised public hearing held on February 6, 2012, 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. 2011-31 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 CUP for the sale of
beer and wine at a proposed Wingstop restaurant located at 932 Highland Avenue by a vote of
6 to 1 in favor of approval; and
WHEREAS, a Notice of Determination was before the City Council on February
21, 2012, and a public hearing was set for March 20, 2012; and
WHEREAS, the City Council considered a CUP for the sale of beer and wine at a
proposed Wingstop restaurant located at 932 Highland Avenue at a duly advertised public
hearing held on March 20, 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. 2011-31 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 hearing
held on March 20, 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 proposed use is
an accessory use to a proposed restaurant use in an existing commercial area, and the
sale of beer and wine is not expected to increase the demand for parking on the property.
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
Resolution No. 2012 — 73
March 20, 2012
Page Two
use, since Highland Avenue and Plaza Boulevard are classified as arterial streets in the
Circulation Element, and the addition of alcohol sales 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 compatible with other nearby businesses, and since the
proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours
that it will be available.
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 mixed -use 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.
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 the on -sale of beer and wine within a restaurant
located at 932 Highland Avenue. Consumption of alcoholic beverages shall be limited to
an area in substantial conformance with Exhibit "A", Case File No. 2011-31 CUP, dated
November 23, 2011.
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 Division of the
Community Development Department.
3. This permit shall become null and void if not exercised within one year after adoption of this
Resolution of approval, unless extended according to procedures specified in 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, both, shall 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
Resolution No. 2012 — 73
March 20, 2012
Page Three
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.
FIRE
7. The project shall be built to code. The National City Fire Department utilizes the 2010
edition of the California Fire Code and the 2010 edition of the National Fire Protection
Association Codes and Standards.
8. Occupancy for the suite shall be an A-2 occupancy, as determined by the California Fire
Code, 2010 edition, Chapter 9, Section 903.2.1.2.
9. If a sprinkler and/or alarm system is required, plans for such systems shall be submitted
directly to the National City Fire Department.
10. Signage is required for all fire alarm and fire sprinkler coverage. Please consult with the
National City Fire Department for City Fire requirements.
PLANNING
11. The sale of alcoholic beverages shall be limited to between the hours of 11:00 a.m. and 12
a.m. (midnight) seven days a week.
12. All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales
("RBSS") training, including all owners, and managers. The RBSS training must be
certified by the Department of Alcoholic Beverage Control ("ABC"). Proof of completion
of an approved RBSS program must be provided prior to issuance of a city business
license. As part of the RBSS training, the permittee shall make available a domestic
violence training session as provided by the Institute of Public Strategies.
13. 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.
14. Alcohol shall be available only in conjunction with the purchase of food.
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March 20, 2012
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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, which are clearly visible to the
exterior, shall constitute a violation of this condition.
16. No bar is permitted as part of this approval.
17. No live entertainment, karaoke or dancing is permitted as part of this approval.
18. Beer shall be served by the bottle only, and wine only by the glass.
19. "Over Ice" displays of alcoholic beverages shall be prohibited.
20. No "Happy Hour" or other designated time where alcoholic beverages are sold at a
discount, is allowed.
POLICE
21. 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.
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 20th day of March, 2012.
on Morrison, Mayor
ATTEST:
Michael R. Dalla, ity Clerk
PROVED A TO FOR
dia Gacitu
City Attorne
Passed and adopted by the Council of the City of National City, California, on March 20,
2012 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Rios, Sotelo-Solis, Zarate.
Nays: Councilmember Natividad.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
N
City Clerk of the Ci of National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2012-73 the City of National City, California, passed and adopted
by the Council of said City on March 20, 2012.
City Clerk of the City of National City, California
By:
Deputy