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Home My WebLink AboutCC RESO 2013-132RESOLUTION NO. 2013 — 132 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DENYING THE APPEAL OF AND AFFIRMING THE REVOCATION OF CONDITIONAL USE PERMIT 2010-33 CUP FOR LIVE ENTERTAINMENT AT AN EXISTING BAR/RESTAURANT LOCATED AT 105 EAST 8TH STREET CASE FILE NO. 2013-11 R APN: 556-332-20 WHEREAS, City Council Resolution 2012-49 required Planning Commission review of Conditional Use Permit 2010-33 CUP ("CUP") one year from the date of approval of said Resolution (February 21, 2012); and WHEREAS, said annual review was placed on the March 4, 2013 Planning Commission agenda; and WHEREAS, Ben and Charlton Adler Trustees of the Adler Family Trust, owners of the property located at 105 East 8th Street (appellants) submitted a request to the Planning Department on February 27, 2013 for the Planning Commission to continue the review to a subsequent meeting, which was not granted; and WHEREAS, at the March 4, 2013 Planning Commission meeting, the Commission directed staff to set a revocation hearing for the CUP on May 6, 2013 to give the appellants time to review Police Department records; and WHEREAS, appellants had actual notice of the May 6, 2013 public hearing, but staff had not published notice in the newspaper, thus staff recommended that the Planning Commission set a public hearing date of May 20, 2013; and WHEREAS, at the May 6, 2013 Planning Commission meeting, the appellants requested additional time beyond May 20th, and accommodating appellants' request, the Planning Commission agreed to a longer time, setting the revocation hearing for June 17, 2013; and WHEREAS, the appellants did submit information for the Planning Commission's consideration at the June 17, 2013 public hearing, and also requested a continuance of the revocation hearing for one month, which was not granted; and WHEREAS, the Planning Commission heard all the evidence and testimony from all parties at the revocation hearing of June 17, 2013, and after considering all the evidence, found a revocation of the CUP was supported and warranted by the evidence; and WHEREAS, on July 1, 2013, the Planning Commission adopted Resolution 14- 2013 revoking 2010-33 CUP and did not grant appellants' request to pull the Resolution from the agenda; and WHEREAS, appellants appealed the Planning Commission's revocation of the CUP to the City Council; and WHEREAS, the appeal to the City Council of the Planning Commission's revocation of Conditional Use Permit No. 2010-33 CUP was considered by the City Council of the City of National City at a public hearing held on August 20, 2013; and Resolution No. 2013 — 132 Page Two WHEREAS, at the Public Hearing the City Council heard from the appellants as to why their appeal should be granted; and WHEREAS, at the Public Hearing the City Council did not grant the appellants' request for a continuance because the City Council was determining whether the evidence submitted at the Planning Commission supported the revocation of the CUP, and in making their determination, the City Council was not relying on new information not previously submitted to the Planning Commission; and WHEREAS, at the public hearing, the City Council considered the staff reports as well as documents submitted by appellants contained in Case File No. 2013-11 R, maintained by the City and incorporated herein by reference, the arguments presented at said hearing, and the evidence presented to the Planning Commission, and after reviewing and considering all such evidence and argument, the City Council found that the Planning Commission's decision was supported by substantial evidence, thus denying the appeal and affirming the Planning Commission's revocation of the CUP; 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 staff reports and documents submitted by appellants contained in Case File No. 2013- 11 R presented to the City Council at the Public Hearing held on August 20, 2013, the arguments presented at that public hearing, and the evidence presented to the Planning Commission all support finding the Planning Commission's revocation of the CUP was supported by substantial evidence. BE IT FURTHER RESOLVED that the City Council hereby denies the appellants' appeal of and affirms the Planning Commission's decision to revoke Conditional Use Permit No. 2010-33 CUP for live entertainment at an existing bar/restaurant located at 105 East 8th Street. BE IT FURTHER RESOLVED by the City Council of the City of National City that based on testimony, evidence, and Case File 2013-11 R presented at the Planning Commission, the arguments made at the public hearing, and at the appeal heard by the City Council at the Public Hearing held on August 20, 2013, substantial evidence supports the following findings made by the Planning Commission: 1. That based on the fact that the National City Police Department responded to 28 incidents at McDini's Bar, 105 East 8th Street, National City, between February 22, 2012 to February 21, 2013, as further detailed in Police Department memorandum dated May 20, 2013, which facts are incorporated into these findings, the owner and/or operator of McDini's is in violation of Condition of Approval number 2, section a, of City Council Resolution 2012-49. 2. That based on the fact that the National City Police Department responded to 6 incidents involving violence at McDini's Bar, 105 East 8th Street, National City, between May 11, Resolution No. 2013 — 132 Page Three 2012 to May 11, 2013, as further detailed in Police Department memorandum dated May 20, 2013, which facts are incorporated into these findings, the owner and/or operator of McDini's is in violation of Condition of Approval number 2, section b, of City Council Resolution 2012-49. 3. That based on the fact that the National City Police Department responded to 28 incidents between February 22, 2012 to February 21, 2013, and 6 incidents involving violence between May 11, 2012 to May 11, 2013 at McDini's Bar, 105 East 8th Street, National City, as further detailed in Police Department memorandum dated May 20, 2013, which facts are incorporated into these findings, the owner and/or operator of McDini's is in violation of Condition of Approval number 2, section c, of City Council Resolution 2012-49. 4. That based on the fact that the National City Police Department observed — on three separate occasions from February 23, 2013 to April 5, 2013 — exterior doors left open for extended periods of time during live entertainment activities, as further detailed in Police Department memorandum dated May 20, 2013, which facts are incorporated into these findings, the owner and/or operator of McDini's is in violation of Condition of Approval numberl3 of City Council Resolution 2012-49. 5. That based on the fact that the National City Police Department observed — on four separate occasions from December 20, 2012 to March 14, 2013 — that McDini's security officers were found not to be professional (licensed) security guards; and that on February 15, 2013, only two licensed guards were on duty when a minimum of three were required, as further detailed in Police Department memorandum dated May 20, 2013, which facts are incorporated into these findings, the owner and/or operator of McDini's is in violation of Condition of Approval number 14 of City Council Resolution 2012-49. 6. That based on the fact that the National City Police Department responded to 17 incidents at McDini's Bar, 105 East 8th Street, National City, between the hours of 5:00 p.m. and 3:00 a.m. during the 2012 calendar year, an increase in calls for service of 750%, as further detailed in Police Department memorandum dated May 20, 2013, which facts are incorporated into these findings, the owner and/or operator of McDini's is in violation of Condition of Approval number 15 of City Council Resolution 2012-49. 7. That based on the fact that the National City Police Department observed — on four separate occasions from February 16, 2013 to April 28, 2013 — McDini's patrons wearing ball caps, as further detailed in Police Department memorandum dated May 20, 2013, which facts are incorporated into these findings, the owner and/or operator of McDini's is in violation of Condition of Approval number 23 of City Council Resolution 2012-49. BE IT FURTHER RESOLVED that based on the findings 1 through 7 above, the City Council affirms, based on substantial evidence, the Planning Commission's finding that the use authorized by CUP No. 2010-33 has been exercised in a manner contrary to the conditions of approval, and that the use has been exercised in a manner detrimental to the public health, safety, and welfare. BE IT FURTHER RESOLVED that the City Council affirms, based on substantial evidence, the Planning Commission's revocation of the CUP pursuant to Municipal Code section 18.12.110(H)(1)(b). Resolution No. 2013 — 132 Page Four BE IT FURTHER RESOLVED that this Resolution shall become effective, final, and conclusive on the day following the City Council meeting where this Resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6. PASSED and ADOPTED this 3rd day of September 013. ATTEST: Michael R. Dalla City Clerk CI y ROVED AS TO FORM: is :iitua Silva Attor on Morrison, Mayor Passed and adopted by the Council of the City of National City, California, on September 3, 2013 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Natividad, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California i‘j,j40 rk of the City of N City tional City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2013-132 of the City of National City, California, passed and adopted by the Council of said City on September 3, 2013. City Clerk of the City of National City, California By: Deputy