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HomeMy WebLinkAboutCC RESO 2023-146 CUP Manna BBQ - 3030 Plaza Bonita Road, Suite 1096RESOLUTION NO. 2023 - 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR ON -SALE BEER AND WINE (TYPE-41) AT A NEW RESTAURANT (MANNA HEAVEN BBQ) LOCATED AT 3030 PLAZA BONITA ROAD, SUITE 1096. WHEREAS, S, the Planning Commission of the City of National city considered a conditional Use Permit for for on -site beer and wine sales at a new restaurant (Manna Heaven BBQ) located at 3030 Plaza Bonita Road, Suite 1096 at a duly advertised --- ub-I-i- hearrirr h- id on August 21, 2023, at which time the Commission denied the Conditional Use Permit; and WHEREAS, E S, subsequent to the Planning Commission denial of the Conditional Use Permit, the applicant ("APPELLANT") appealed the decision of the Planning to the City council; and WHEREAS, S, the City Council of the city of National City considered the appeal of the Planning Commission's denial of the Conditional Use Permit at a duly advertised public hearing held on October 17, 2023, 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. 2022-35 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and WHEREAS, EAS, 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, THE CITY COUNCIL OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, E, DECLARE, DETERMINE, Ii E, AND ORDER AS FOLLOWS: Section 1: The City council hereby upholds the appellants' appeal of and overturns the Planning Commission's decision to deny Conditional Use Permit No. 2022- 35 CUP for on -site beer and wine sales at a new restaurant (Manna Heaven BBQ) located at 3030 Plaza Bonita Road, Suite 1096, based on 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 MXD-2 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. It is incidental to the proposed restaurant use in a commercial area. 2. The proposed use is consistent with the General Plan and any applicable specific plan, because the Land Use Code permits alcohol sales and live entertainment, subject to a CUP, which is consistent with the General Plan. In addition, a restaurant with alcohol sales is consistent with the MXD-2 land use designation contained in the Land Use Code and Community Character element of the General Plan. 3. The design, location, sire, and -operating -characteristics- -f-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 existing building 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 uses would be incidental to the primary use of food sales, The building is existing and the new restaurant will have to be built in compliance with all applicable building and fire codes. 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. Beer and wine will only be available with the sale of food. In addition, all staff members serving alcohol are required to receive RBSS training. 6. 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 1 301 (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 the use is proposed within an existing commercial building with only minor alterations to the interior of the building permitted by an approved building permit, and the use is similar to other commercial uses in the area, which are permitted in the MXD-2 zone. 7. The proposed use is deemed essential and desirable to the public convenience or necessity, because alcohol sale will contribute to the viability of the new restaurant, a permitted use in the MXD-2 zone. . Based on findings 1 through 7 above, public convenience and necessity will be served by a proposed use of the property for the on -site sales of alcoholic beverages in accordance with applicable law and the recommended conditions. The use, as proposed and conditioned, will operate in harmony with surrounding uses, will not cause a nuisance, and will benefit the community looking for a quality restaurant experience. Section 2: That the application for Conditional Use Permit is approved subject to the following conditions: ---Gen•er l 1. This Conditional Use Permit authorizes the sale of beer and wine for on -site consumption at a new restaurant (Manna Heaven BBQ) located at 3030 Plaza Bonita Road, Suite 1096. Plans submitted for permits associated with this project shall conform to Exhibit A, Case File No. 2022-35 CUP, dated 11 2 2022. 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 or owner 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 or owner 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 unity Development prior to recordation. 3. Within four 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. . This permit shall become null and void at such time as there is no longer a Type 41 California Department of Alcoholic Beverage Control license associated with the property. . 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. . 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. , This Conditional Use Permit may be revoked if the operator is found to be in violation of any Conditions of Approval or applicable law. Planning . No alcohol sales and consumption practices shall be permitted until the applicant has been issued a Type 41 license from the California Department ofAlcoholic B_ev_erage_C_o . 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)I 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. 10.The sale of alcoholic beverages shall only be permitted between the hours of 10:00 am. and 9:00 p.m. daily. 11.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 the Planning Manager or designee or other employees of the City, who are authorized to examine, audit and inspect such books 9 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. All information obtained by an investigation of records shall remain confidential. 12.Alcohol shall be available only in conjunction with the purchase of food. 13.The sale of alcoholic beverages for off -site consumption is not permitted at this location. 14. Permitted shall post signs indicating that alcoholic beverages must be consumed inside the restaurant and may not be taken off -premises. 1.The operator of the business shall maintain an active business license and ensure that the business license is renewed annually. Police 16. The permittee shall comply with all applicable law, including, but not limited to the regulatory provisions of the Business and Professions Code that pertain to the sale, serving, and consumption of alcoholic beverages. Indemnification Agreement The Applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City will promptly notify the Applicant of any claim, action, or proceeding. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, the Applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and Applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the Applicant shall not be required to pay or perform any settlement unless such settlement is approved by the Applicant. Section : That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED and ADOPTED this 171h day of ober, 2023. can Morrison, Mayor ATTEST: Shelley pel, City Clerk APPROVED AS TO FORM: Barry J. S1iulW, City Attorney Passed and adopted by the City Council of the City of National City, California, on October 17, 2023 by the following vote, to -wit: Ayes: Bush, Rodriguez, Yamane, Molina, Morrison Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California B. Shelley Chapel _ city Clerk of the City of National City, California thelley Cht3,I, MMC, City Clerk