HomeMy WebLinkAboutCC RESO 2022-148 CUP Machete Beer House CIP 2022-08RESOLUTION C NO. 2022-14
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
APPROVING A CONDITIONAL USE PERMIT FOR ON -SITE DISTILLED SPIRITS
SALES AND LIVE ENTERTAINMENT AT AN EXISTING BEER AND WINE -LICENSED
BAR (MACHETE BEER HOUSE) LOCATED AT 2325 HIGHLAND AVENUE. CASE
FILE NO. 2022-08 CUP APN: 561-312-02
WHEREAS, the City Council of the City of National City considered a Conditional
Use Permit for on -site distilled spiritis sales and live entertainment at an existing beer and
wine -licensed bar (Machete Beer House) located at 2325 Highland Avenue at a duly
advertised public hearing held on September 6, 2022, at whih time oral and documentary
evidence was presented; and,
WHEREAS, S, at said public hearing the City Council considered the staff report
contained in Case File No. 2022-08 CUP maintained by the City and incorporated herein
by reference along with evidence and testimony at said hearing; 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 August
1,
2022, at which time the Planning Commission recommended ended approval of the Conditional
Use Permit; and, WHEREAS, this action is taken pursuant to all p
applicable procedures
p
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, E, 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 September 6, 2022, support the following findings:
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 alcohol sales and live entertainment are allowable within the MXC-2 zone
pursuant to a CUP and the proposed use meets the 2 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,
p
because alcohol sales and live entertainment are allowable, subject to a CUP, by the
Land Use Code, which is consistent with the General Plan. There is no Specific Ran in
the 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 no expansion
of the building is proposed. The proposal involves an existing commercial space, which
was previously analyzed for traffic impacts when it was constructed and the proposal does
not add any additional traffic impacts.
. The site is physically suitable for the type, density, and intensity of use being ro osed
including access, utilities, and the absence of physical constraints, because the site is
occupied by an existing bar serving beer and wine. The addition of distilled spirits and
incidental live entertainment would occur within the existing building, which has four off-
street parking spaces.
. 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 is
property
located, because the sale and consumption of distilled spirits is in addition to the existing
beer and wine sales for on -site cnsumption. Alcohol consumption would be continue to
be monitored by staff of the bar. In addition, the proposed use will be subject to conditions
that limit the sale of alcohol and restrict the hours that it will be available. Furthermore,
live entertainment will be limited to appropriate hours and to maximum noise standards
to avoid impacts to nearby residential uses.
. The proposed project has been reviewed in compliance with the California
Environmental Quality Act (CEQA) and has been determined to be categorically exempt
g
from environmental review pursuant to Class I , Section 1 301 (Existing Facilities) for
which a Notice of Exemption will be filed subsequent to approval of this Conditional Use
pp
Permit. The reason for the exemption is that no expansion of the building is proposed and
use would basically be the same as the current use and is similar to other commercial
uses in the area, which are permitted by right in the MXC-2 zone
. The proposed use is deemed essential and desirable to the public convenience or
necessity, because Distilled spirits, in addition to beer and wine, will contribute to the
viability of the bar, an allowed use in the MXC-2 zone, by allowing a greater variety of
drink offerings. Live entertainment will also create an enhanced experienceforpatrons of
II
the establishment. The proposed use is in line will the purpose of the zone, which, among
other goals, is to create vibrant places at an urban scale.
BE iT FURTHER RESOLVED that based upon the above referenced findings the
application for Conditional Use Permit is approved subject to the following conditions:
General
1. This Conditional Use Permit authorizes the sale of distilled spirits for on -site
consumption and live entertainment at an existing beer and wine -licensed bar (Machete
Beer House) located at 2325 Highland Avenue. Plans submitted for permits associated
with this project shall conform to Exhibit A, case File No. 2022-08 CUP, dated 7/1912022.
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
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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 CountyRecorder. 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 The
property.
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 at such time as there is
no longer a Type 48
California Department of Alcoholic Beverage Control license associated with with the property.
4. Within four 4 days of approval, pursuant to Fish and Ga
me Code 711.4 and the
California Code of Regulations, Title 14, section 753.E 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 NationalCity arty Planning
Department. 4 5. This permit shall become null and void if not
exercised within one year
after adoption of the resolution of approval unless extended
f according to procedures
specified in the Municipal Code.
6. This permit shall expire if the use authorized this resolutiondiscontinued is for
period of 12 months or longer. This permit may also be revoked,provisions
pursuant to provisions
of the Land Use Code, if discontinued for anylesserperiod of time.
" This Conditional Use Permit may be revoked if the operator is foundviolation
tobe in
of arty Conditions of Approval or applicable law.
Planning
8. No change in alcohol sales and consumption practices shall
be permitted without
receiving a Type 48 license from the California Department of Alcoholic
p Beverage control
(ABC).
9. The sale of alcoholic beverages for on -site consumption shall alb only be permitted
between the hours of 6:00 a.m. and 2:00 arm. daily.
10. The sale of alcoholic beverages for off -site consumption permitted'
location.
p on is not at this
11. Permittee shall post signs at all exits and on the front of the building indicating iniating that
alcoholic beverages must be consumed inside the bar and may not be taken off premises.
12. Outdoor tables and seating is permitted for coffee shoppatrons
r r in areas that shall not
block parking spaces, driveways, and anypathway required
.. p y e by the Americans with
Disabilities Act.
13. No public concerts or specific live entertainment events shall be permitted. No
advertisement targeted for a specific performer or event may be circulated outside the
bar and live entertainment shall be incidental to the bar for the
enjoyment of its patrons.
14. The occupancy of the building, inclusive of patrons, staff, and
. entertainers, shall not
exceed the occupancy load determined by the Building Division. The BuildingDivision
Division
shall be made aware of any modifications to the floor area of the bar including the addition
of permanent staging or seating to determine if the occupancy p y needs to be updated.
15. Indoor live entertainment shall be permitted between the hours a.m. and 10.0
p.m. Sundays through Thursdays and between 6:00 a.m. and 12:00 a.m. Fridays and
Saturdays.
16. . All activities shall comply with the limits contained in Table III
of Title 1(Nose) of the
National City Municipal Code.
l 7. All entry and exit doors, including windows, shall remain live
during indoor
entertainment activities.
18. The rear yard of area of the buildingispermitted to be used for outdoor storage,
screened in compliance with the Land Use Code. No outdoor seating
shall be permitted
in this area. No patrons shall be granted access to this area.
19. All sellers and servers of alcohol shall receive Responsible p 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 busine
ss license.
As part of the RBSS training, the permittee shall make avail
able a domestic violence
training session as provided by the Institute of Public Strategies.
20. The operator of the business shall maintain an active business license and ensure
that the business license is renewed annually. Police 1 .Th
�' e permittee shall comply with
all applicable laws, including, but not limited to all regulatory provisions p �ians of the Business
and Professions Code that pertain to the sale, serving, and consumption of alcoholic
beverages.
BE IT FURTHER RESOLVED that this Resolution shall becom
e effective, final,
and conclusive on the day following the City Council meeting g wh
ere this Resolution is
adopted. The time within which judicial review of this decision may y be sought is governed
by the provisions of Code of Civil Procedures Section 1094. .
PASSED and ADOPTED this 6th day of September 2022.
Ale.andra Sotelo-Solis, Mayor
ATTEST:
6,15v-iu olina, City Clerk
APPROVED AS TO FORM:
Barry J. Sc It lnterirri City Arney
Passed and adopted oy the City Council of the City of Nationl City, California. on
September 6, 2022 by the following vote, to -wit:
Ayes: Sotele-Solis, Morrison, Rios
Nays: Bush, Rodriguez
Absent: None.
Abstain: None.
AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS
Mayor of the City of National City, California
Luz Molina
City Clerk of the City of National City, California
i
BY:
fvt, Shelley C; per, ;VC. Deputy City Clerk