HomeMy WebLinkAboutCC RESO 2017-200NOT ADOPTED --
RESOLUTION 2017 — 200
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
APPROVING A CONDITIONAL USE PERMIT MODIFICATION FOR
DISTILLED SPIRITS AT AN EXISTING BEER AND WINE -LICENSED
RESTAURANT (TITA'S II) LOCATED AT 3421 EAST PLAZA BOULEVARD
CASE FILE NO. 2017-09 CUP
APN: 569-101-05
WHEREAS, the Planning Commission of the City of National City considered a
Conditional Use Permit modification for distilled spirits at an existing beer and wine -licensed
restaurant, Tita's II, located at 3421 East Plaza Boulevard at duly advertised public hearings
held on June 5 and July 17, 2017, at which time oral and documentary evidence was presented;
and
WHEREAS, at said public hearings the Planning Commission considered the
staff report contained in Case File No. 2017-09 CUP maintained by the City and incorporated
herein by reference along with evidence and testimony at said hearing; and
WHEREAS, at the Planning Commission hearing of July 17, 2017, the Planning
Commission directed staff to return with a resolution denying the requested Conditional Use
Permit modification; and
WHEREAS, at the Planning Commission meeting of August 7, 2017, the
Planning Commission took no action on the resolution denying the Conditional Use Permit
modification and directed staff to return with resolutions for both approval and denial of the
Conditional Use Permit modification; and
WHEREAS, the Planning Commission at their meeting of August 21st
recommended the approval of the CUP based on the required findings and subject to conditions
of approval; and
WHEREAS, the City Council of the City of National City, at their meeting of
September 19, 2017, considered the Planning Commission's recommendation, and after
hearing public comment, voted to set the item for public hearing to receive a staff report,
additional information, and public testimony in order to allow the Council to discuss and consider
the matter further before rendering a decision; and
WHEREAS, the City Council considered a Conditional Use Permit modification
for distilled spirits at an existing beer and wine -licensed restaurant, Tita's II, located at 3421
East Plaza Boulevard at a duly advertised public hearing held on October 17, 2017, at which
time oral and documentary evidence was presented; and
WHEREAS, this action is taken pursuant to all applicable procedures required by
State and City law; and
WHEREAS, the action recited herein is found to be essential for the preservation
of public health, safety, and general welfare.
Resolution No. 2017 — 200 NOT ADOPTED
October 17, 2017
Page Two
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 a public hearing
held on October 17, 2017 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 all other applicable provisions of the Land Use
Code, because alcohol sales for on -site consumption are a conditionally -allowed use in
the Minor Mixed Use District.
2. That the proposed use is consistent with the General Plan and any applicable specific
plans, because alcohol sales are permitted, subject to a Conditional Use Permit, by the
Land Use Code, which is consistent with the General Plan. In addition, a restaurant use
is consistent with the Minor Mixed -Use land use designation contained in the Land Use
and Community Character (LU) element of the General Plan. Furthermore, the property
is not within a Specific Plan 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 no
expansion is proposed, and the use would be accessory to the existing restaurant in the
commercial area.
4. That the site is physically suitable for the type, density, and intensity of use being
proposed, including access, utilities, and the absence of physical constraints, since the
restaurant is existing and the proposed alcohol sales would be accessory to the restaurant
use, which is not expected to increase the demand for parking on the property.
5. That 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, because the proposed modification to sell distilled spirits at the existing wine -
licensed restaurant is consistent with the previous approved use and is similar in nature
to surrounding area uses. The modification will be subject to the original conditions that
limit the sale of alcohol and the hours that it will be available; no alcohol will be sold after 12
a.m., and will only be available with the sale of food. In addition, all business staff is
required to receive Responsible Beverage Service and Sales (RBSS) Training.
6. That the proposed project has been reviewed in compliance with the California
Environmental Quality Act, because it has been determined that the proposed use is not
a project per the Act. There is no calculable increase in traffic and no other impacts are
anticipated; therefore, the project would not result in any physical changes to the
environment.
7. That the proposed use is deemed essential and desirable to the public convenience or
necessity, because alcohol sales will contribute to the viability of a restaurant, an allowed
use in the Minor Mixed -Use District (MXD-1) zone.
Resolution No. 2017 — 200
October 17, 2017
Page Three
NOT ADOPTED
8. That based on findings 1 through 7 above, 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 Conditional Use Permit is
approved subject to the following conditions:
General
1. This Conditional Use Permit modification authorizes the sale of distilled spirits at an existing
restaurant with beer and wine sales, located at 3421 East Plaza Boulevard. Unless
specifically modified by this resolution, all previous Conditions of Approval as stated in City
Council Resolution 2011-39 are still in effect. Plans submitted for permits associated with
this project shall conform to Exhibit "A", Case File No. 2017-09 CUP, dated March 30,
2017.
2. 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 Department 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 Deputy City Manager prior to
recordation.
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 for 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 the 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. This Conditional Use Permit may be revoked if the operator is found to be in violation of
Conditions of Approval.
Resolution No. 2017 — 200 NOT ADOPTED
October 17, 2017
Page Four
Planning
7. 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.
8. 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 judgement 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.
9. Alcohol shall be available only in conjunction with the purchase of food.
10. The sale of alcoholic beverages shall be permitted only between the hours of 10:00 a.m. to
12:00 a.m. daily.
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 17tt' day of October, 2017.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Angil P. Morris -Jones
City Attorney