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HomeMy WebLinkAboutCC RESO 2019-138RESOLUTION NO. 2019 - 138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR A BAR (OVER THE TAP) TO BE LOCATED AT 2424 HOOVER AVE., SUITE 'A' AND WAIVER OF CITY COUNCIL POLICY NO. 707 CONDITIONS 14 AND 15 CASE FILE NO. 2019-21 CUP APN: 562-340-15 WHEREAS, the City Council of the City of National City considered a Conditional Use Permit ("CUP") for a bar located at 2424 Hoover Avenue Suite 'A' at a duly advertised public hearing held on October 1, 2019, 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. 2019-21 CUP maintained by the City and incorporated herein by reference as though set -forth in full in addition to evidence and testimony presented at said hearing; and WHEREAS, City Council Policy No. 707 requires that alcohol for on -site consumption only be sold in conjunction with the sale of food, and that annual alcohol sales not exceed the annual sales of food; and WHEREAS, the applicant does not propose to sell food and has requested that City Council Policy Conditions of Approval numbers 14 and 15, which require alcohol to be accessory to food sales, be waived; and WHEREAS, only the City Council may, at its sole discretion, choose to waive or modify any of the conditions contained in City Council Policy No. 707; and WHEREAS, the Planning Commission of the City of National City considered the Conditional Use Permit application at a duly advertised public hearing held on September 9, 2019, at which time the Commission recommended approval of the Conditional Use Permit; and WHEREAS, the Planning Commission, as part of their action, made a recommendation to the City Council that conditions 14 and 15 related to accessory alcohol sales be waived; and WHEREAS, this action is taken pursuant to all applicable procedures required by State law 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, California, that the evidence presented to the City Council at the public hearing held on October 1, 2019, support the following findings: Resolution No. 2019 — 138 Page Two 1. 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 the use is allowable within the Major Mixed -Use Corridor zone pursuant to a CUP, and the proposed use meets the required guidelines in the Land Use Code for alcohol sales, as discussed in the staff report. 2. The proposed use is consistent with the General Plan and any applicable specific plan because alcohol sales are permitted, subject to a CUP, by the Land Use Code, which is consistent with the General Plan. A bar use is consistent with the Major Mixed -Use Corridor land use designation contained in the Land Use and Community Character element of the General Plan. In addition, the property is not within a specific plan area. 3. 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 building is existing and not proposed to be expanded. Potential development in this zone (MXC-2) was analyzed for traffic impacts during the most recent Land Use Update. 4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints because the proposed alcohol sales would not require an expansion of the premises. Alcohol sales is not expected to increase the demand for parking on the property. 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 because the proposed use will be subject to conditions that limit the sale of beer and wine as well as the hours that it will be available; no beer or wine will be sold after 10 p.m. and all business staff is required to receive RBSS training. 6. Not a project per California Environmental Quality Act (CEQA) as defined in Section 15378. 7. The proposed use is deemed essential and desirable to the public convenience or necessity because the applicant is proposing the bar as a craft beer and wine tavern in order to attract a specific market that is new to National City. 8. 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: Resolution No. 2019 — 138 Page Three General 1. This Conditional Use Permit authorizes the sale of craft beer and wine for on -site consumption at a new bar located at 2424 Hoover Avenue. Plans submitted for permits associated with this project shall conform to Exhibit A, Case File No. 2019-21 CUP, dated 7/25/2019. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner shall both 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 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 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 Director of Community Development prior to recordation. 3. 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. 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 any Conditions of Approval Planning 6. All sellers 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. 7. The sale of alcoholic beverages shall be permitted only between the hours of 10:00 a.m. and 10:00 p.m. Sunday through Wednesday and 10:00 a.m. and 12:00 a.m. Thursday through Saturday. 8. Permittee shall post signs in the patio dining area, including all exits to outdoor seating areas, indicating that alcoholic beverages shall be consumed inside the restaurant or patio area and shall not be taken off -premises. Resolution No. 2019 — 138 Page Four 9. The proposed alcohol sales, service, and consumption shall abide by all applicable rules and regulations as stated by the California Department of Alcoholic Beverage Control (ABC). In the case that any of these conditions violate any laws, rules, or regulations administered by ABC, the laws, rules, or regulations shall govern. Police 10. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, serving, and consumption of alcoholic beverages. BE IT FURTHER RESOLVED that the City Council pursuant to their police powers under the California Constitution finds good cause and does hereby waive City Council Policy No. 707 Conditions 14 and 15, which relates to food sale in conjunction with alcohol. 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 1st day of October, 20 AlejandrSot 's4 '-Solis, Mayor ATTEST: p Michael R. alla, City Clerk APPROVED AS TO FORM: or s-Jones y Attorney Passed and adopted by the Council of the City of National City, California, on October 1, 2019 by the following vote, to -wit: Ayes: Councilmembers Morrison, Quintero, Rios, Sotelo-Solis. Nays: None. Absent: Cano. Abstain: None. AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS Mayor of the City of National City, California City Clerk of the City of National City, California Bv. I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2019-138 of the City of National City, California, passed and adopted by the Council of said City on October 1, 2019. City Clerk of the City of National City, California By: Deputy