HomeMy WebLinkAboutCC RESO 2015-12RESOLUTION NO. 2015 — 12
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
APPROVING A CONDiTiONAL USE PERMIT FOR BEER AND
WINE SALES, A BANQUET FACILITY, AND LIVE ENTERTAINMENT
AT BiG BEN MARKET LOCATED AT 108 EAST 8TH STREET
WHEREAS, the City Council of the City of National City considered a Conditional
Use Permit for beer and wine sales, a banquet facility, and live entertainment at Big Ben Market
located at 108 East 8th Street, at a duly advertised public hearing held on January 20, 2015, at
which time the City Council considered evidence; and
WHEREAS, at said public hearing the City Council considered the staff report
provided for Case Fiie No. 2014-08 CUP, which is maintained by the City and incorporated
herein by reference, along with any other evidence presented at said hearing; and
WHEREAS, the Conditional Use Permit has been found to be consistent with
Municipal Code section 18.30.050, which governs the sale of alcoholic beverages; and
WHEREAS, the Police Department considers the Conditional Use Permit
satisfies the conditions otherwise required by a Live Entertainment Permit and satisfies National
City Municipal Code section 10.78.030; and
WHEREAS, this action is taken pursuant to all applicable procedures required by
State and City law; and
WHEREAS, the action hereby taken is found to be essential for the preservation
of the public health, safety, and general welfare.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
National City that the evidence presented to the City Council at the public hearing held on
January 20, 2015, support the following findings:
1. That the proposed use is allowable within the applicable zoning district pursuant to a
Conditional Use Permit and complies with ail other applicable provisions of the Land Use
Code, because alcohol sales for on -site consumption, live entertainment, and public
assembly are conditionally -allowed uses in Development Zone 9 of the Downtown
Specific Plan Area.
2. That the proposed use is consistent with the General Plan and any applicable specific
plans, because aicohoi sales, live entertainment, and public assembly are permitted by
the Land Use Code, subject to a Conditional Use Permit, which is consistent with the
General Plan; and alcohol sales for on -site consumption, live entertainment, and pubic
assembly are conditionally -allowed uses in Development Zone 9 of the Downtown
Specific Ran Area.
3. That the design, location, size, and operating characteristics of the proposed activity
would be compatible with the existing and future land uses in the vicinity, because the
proposed uses are accessory to a restaurant use in an existing commercial area and the
proposed uses are not expected to appreciably increase traffic on East 8th Street based on
the current capacity and traffic numbers.
Resolution No. 2015 — 12
February 3, 2015
Page Two
4. That the site is physically suitable for the type, density, ana intensity of use being
proposed, including access, utilities, and the absence of physical constraints, because
no expa :S:^n of the kwilding l£ proposed.
5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the
public interest, health, safety, convenience, or welfare, or materially injurious to persons,
property, or improvements in the vicinity and zone in which the property is located, 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, as well as limit hours of public assembly and live entertainment.
6. That National City Municipal Code section 10.78.030 is satisfied by the conditions
contained within and part of this Conditional Use Permit; and
7. That the proposed project has been reviewed in compliance with the California
Environmental Quality Act, the proposed use is categorically exempt from environmental
review pursuant to Class 1 Section 15301 (Existing Facilities), and a Notice of
Exemption will be filed subsequent to approval of this Conditional Use Permit.
8. That the proposed use is deemed essential and desirable to the public convenience and
welfare, since it will contribute to the continued viability of a restaurant, an established and
allowed use in Development Zone 9.
9. That public convenience and necessity will 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 a Conditional Use Permit is
approved subject to the following conditions:
General
1. This Conditional Use Permit authorizes the sale of beer and wine (On -Sale Beer and Wine
for Bona Fide Public Eating Place), live entertainment, and a banquet facility at an existing
restaurant located at 108 East 8th Street. Plans submitted for permits associated with this
project shall conform to Exhibit "B", Case File No. 2014-08 CUP, dated November 17,
2014.
2. Within four (4) days or 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 fling fees for 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 approves three separate uses: on -site beer and wine sales, live entertainment,
and public assembly. If any of the uses authorized by this Resolution are not exercised
within one year after adoption of the Resolution of approval, that use or those uses shall
become null and void and will no longer be part of this permit unless extended according to
procedures specified in the Municipal Code.
Resolution No. 2015 -12
February 3, 2015
Page Three
4. This permit approves three separate uses: on -site beer and wine sales, live entertainment,
and public assembly. If any of the uses authorized by this resolution are discontinued for a
period of 12 months or longer, permission to conduct that use or those uses shall expire
and will no longer be part of this permit. 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
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 Executive Director that a Notice of Restriction on
Rea! 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 Executive Director prior to
recordation.
Building
7. All plans submitted for improvements must comply with the 2013 edition of the California
Building, Electrical, Plumbing, and Mechanical Code.
8. A!! pans submitted tor improvements must comply with the 2013 editions of the California
Fire Code (CFC) and National Fire Protection Association (NFPA), and the current edition
of the California Code of Regulations.
9. No public assembly or live entertainment uses may be conducted until all required
building improvements have received final inspection and issued a certificate of
occupancy.
Planning
10. All alcohol products shall be served by an employee of the Grill House at Big Ben. No self -
serve of any alcohoi products is permitted.
11. No distilled spirits purchased from Big Ben Market or elsewhere may be brought into or
consumed on the outside patio. All alcohol purchase and consumption occurring in the
outside patio shall comply with the ABC regulations related to a Type 41 license (On -Sale
Beer and Wine for Bona Fide Public Eating Place). No on -sale purchases shall be made
inside Big Ben Market.
Resolution No. 2015 — 12
February 3, 2015
Page Four
12. The sale of alcoholic beverages for on -site consumption shall be limited to between the
hours of 9:00 a.m. and 10:00 p.m. seven days a week.
13. The hours of live entertainment shall be limited to between 12:00 p.m. and 10:00 p.m.
Friday and Saturday. and between 12:00 p.m. and 9:00 p.m. on Sunday.
14. The hours of public assembly activities (e.g., banquets, parties, etc.) shall be limited
to between 12:00 p.m. and 10:00 p.m. Friday through Sunday.
15. All live entertainment and public assembly activities shall comply with Table III of Chapter
12.06 (Exterior Noise Limits) of the National City Municipal Code.
16. 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.
17. 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. Al! information obtained by an
investigation of records shall remain confidential.
18. Alcohol shall be available only in conjunction with the purchase of food,
19. Permittee shall post signs in the patio dining area, including all exits to outdoor seating
areas, indicating that alcoholic beverages must be consumed inside the restaurant or
patio area and may not be taken off -premises.
20. Exterior advertising and signs of all typos, 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 violaun of this condition.
Police
21. Permittee shaii 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 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.
Resolution No. 2015 —12
February 3, 2015
Page Five
PASSED and ADOPTED this 3RI day of February, 2015.
ATTEST:
Michael R. Dalla, ity Clerk
C audia
Gty Att
ac tua S
rne.
RM:
on Morrison, Mayor
Passed and adopted by the Council of the City of National City, California, on February
3, 2015 by the following vote, to -wit:
Ayes: Councilrnernbers Cano, Mendivil, Morrison, Rios, Sotelo-Solis.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY. RON MORRISON
Mayor of the City of National City, California
City CI y tional City, California
e of the City
of a
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2015-12 of the City of National City, California, passed and adopted
by the Council of said City on February 3, 2015.
City Clerk of the City of National City, California
By:
Deputy