HomeMy WebLinkAboutCC RESO 2022-149RESOLUTION NO. 2022- 149
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
APPROVING A CONDITIONAL USE PERMIT MODIFICATION
FOR THE ADDITION OF LIVE ENTERTAINMENT AND
MODIFIED HOURS OF OPERATION AT AN EXISTING PUBLIC MARKET
(MARKET ON 8TH) LOCATED AT 41 EAST 8T" STREET.
CASE FILE NO. 2022-18 CUP
APN: 556-331-26
WHEREAS, S, the City Council of the City of National City considered a Conditional
Use Permit Modification for the addition of live entertainment and modified hours of
operation at an existing public market (Market on 8th) located at 41 East 8th Street at a
duly advertised public hearing held on August 16, 2022, 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. 2022-18 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 July 18,
2022, at which time the Commission recommended approval of the Conditional Use
Permit; 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, 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 August 16, 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 Development Zone 4 of the Downtown Specific Plan, 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 and live entertainment are permitted,
subject to a Conditional Use Permit, by the Land Use Code, which is consistent
with the General Plan. A restaurant accessory beer sales is also a use that is
consistent with Development Zone 4 of the Downtown Specific Plan, which allows
such uses.
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.
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 use is existing and is accessory to the restaurant and public
market, which is located in an existing commercial area. The building is existing
and has ten on -street parking spaces adjacent to .the property, as well as access to
several nearby parking areas. Live entertainment would occur within the existing
building.
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 sale and consumption of beer and wine
would continue to be a small part of the overall public market use, with the alcohol
serving area only 10% of the total floor area of the whole property. Alcohol
consumption would be monitored by staff of the public market. 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.
6. The proposed project has been reviewed in compliance with the California
Environmental Quality Act and is not considered a project,
7. The proposed project has been reviewed in compliance with the California
Environmental Quality Act (CEQA) and has been determined to be categorically
exempt from environmental review pursuant to Class 1, Section 15301 (Existing
Facilities) for which a Notice of Exemption will be filed subsequent to approval of
this Conditional Use Permit. The reason for the exemption is that no expansion
of the building is proposed and uses would basically be the same as the current
uses and the density of which were analyzed as part of the Downtown Specific
Plan.
8. That the proposed use is deemed essential and desirable to the public
convenience or necessity, because alcohol sales have contributed to the viability
of the public market, an allowed use in Development Zone 4 of the Downtown
Specific Plan. The existing tasting room has been a draw for area and non -area
residents alike and has further activated the downtown core, consistent with the
spirit and intent of the Downtown Specific Plan. The addition of live entertainment
is expected to add to the success of the market and the enjoyment of its patrons.
BE IT FURTHER RESOLVED that the application for Conditions[ Use Permit is
approved subject to the following conditions:
General
I. This Conditional Use Permit authorizes the extension of alcohol sales hours (as stated
in Condition No. 10 below), the addition of live entertainment (subject to the hours
stated in Condition No's. 16 and 17 below), a mobile bar in the back patio, off -site
alcohol sales (subject to the hours stated in Condition No. 11 below), and
consumption of alcohol in the front patio at an existing public market located at 41
East 8th Street. Any plans submitted for permits associated with this project shall
conform to Exhibit Ay Case File No. 2022-18 CUP, dated 7 2 22.
2. No dancing is permitted as part of this permit.
3. Unless specifically modified by this resolution, all Conditions of Approval of City
Council Resolution 2016-122 shall remain in full force and effect.
4. 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 Cond/t/ona/ 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.
5. 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.
6. This permit shall expire if the use authorized by this resolution is discontinued for a
x
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.
7. This Conditiona/ Use Permit may be revoked if the operator is found to be in violation
of any Conditions of Approval.
Planning
8. No change in alcohol sales and consumption practices shall be permitted without
receiving a Type 41 license from the California Department of Alcoholic Beverage
Control (ABC).
9. The Type 41 ABC license shall not be considered in effect until the Type 23 ABC
license has been surrendered or transferred to a different location.
10.The sale of alcoholic beverages for on -site consumption shall only be permitted
between the hours of 6:00 a.m. and 12:00 a.m. daily.
11. The sale of alcoholic beverages for off -site consumption shall only be permitted
between the hours of 12:00 p.m. and 10:00 p.m. daily.
12. The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40
ounce, or similar size containers is prohibited. Beer shall only be available in
manufacturer's pre --packaged four -pack quantities of 16 ounce cans or in "growlers".
13. No sale of wine shall be sold in containers of less than 750 milliliters. The sale of wine
with an alcoholic content greater than 15% by volume is prohibited.
14. 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.
15. Live entertainment shall be conducted as an accessory use to the public market for
the enjoyment of its patrons. No concerts or specific live entertainment events shall
be permitted.
16. Live entertainment inside the building shall be permitted during the following hours:
Sunday 12:00 p.m. to 10:00 p.m.
Monday to Thursday 3:00 p.m.* to 10:00 p.m.
Friday 3:00 p.m.* to 11:30 p.m.
Saturday 12:00 p.m. to 11:30 p.m.
17. Live entertainment outside the building shall be permitted during the following hours.
Sunday 12:00 p.m. to 8:00 p.m.
Monday to Thursday 3:00 p.m.* to 8:00 p.m.
Friday 3:00 p.m.* to 9:00 p.m.
Saturday 12:00 p.m. to 9:00 p.m.
* On days when Integrity Charter School is not in session, live entertainment may
begin at 12:00 p.m.
18.A licensed security guard shall be on site during all live music performances.
19.A sound study shall be commissioned by the applicant to ensure that live
entertainment complies with Title 12 of the National City Municipal Code (Noise).
Results shall be provided to the Community Development Department and verified
prior to any live entertainment being offered.
20. All activities shall comply with the limits contained in Table III of Title 12 (Noise) of the
National City Municipal Code.
21. All entry and exit doors, including windows, shall remain closed after 9:00 p.m. during
inside live entertainment activities.
22. Speakers located on the patio along 'A' Avenue shall be turned off no later than 9:00
p.m. daily.
23. The operator of the business shall maintain an active business license and ensure
that the business license is renewed annually.
Police
24. The permittee shall comply with all applicable laws, including, but not limited to all
regulatory provisions of the Business and Professions Code that pertain to the sale,
serving, and consumption of alcoholic beverages.
BE IT FURTHER RESOLVED ED 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. 2022 — 149
Page Six
PASSED and ADOPTED this 16th day of August, 2022.
Ale Sotelo-Solis, Mayor
ATTEST:
Luz Molina, City w rl
APPROVED AS TO FORM:
Barry J.
Interim ity Attorney
-3assed and adopted by the City Council it of the City of National City, California, on
August 16, 2022 by the following vote, to -wit:
Ayes: Sotelo-Solis, Bush, Morrison, Rios, Food ri uez
Nays: None,
Absent: None,
Abstain: None,
AUTHENTICATED BY: ALEJANDRASOTELO-SOLIS
r�*1 of the City of NatIonal City, California
BY:
L_uz Molina
City lerk of the City of National , Cali`
Shelley ChapeDeputyity Clerk