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HomeMy WebLinkAboutReso 8-92, CUP-1992-1RESOLUTION NO.8-92 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT APPLICATION FOR THE SALE OF BEER AND WINE WITHIN A RESTAURANT AT 1510 SWEETWATER ROAD, SUITE A. APPLICANT: CLEMENTINA DENIZ CASE FILE NO. CUP-1992-1 WHEREAS, the Planning Commission of the City of National City, California, considered a Conditional Use Permit application for the sale of beer and wine within a restaurant at 1510 Sweetwater Road, Suite A at the public hearing held on April 20, 1992 at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the entire contents of Case File No. CUP-1992-1 which is maintained by the City, and incorporated herein by reference; 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. NOW, THEREFORE, BE IT RESOLVED by the City Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on April 20, 1992 support the following findings: 1. That the site for the proposed use is adequate in size and shape, since there is adequate area for a restaurant with seating for 86 persons and the sale of beer and wine as an incidental use. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the site has frontage on Sweetwater Road, which is classified as an arterial roadway in the Circulation Element of the City's General Plan. It has a capacity to carry approximately 25,000 average daily trips (ADT's). According to 1990 traffic counts from the City Engineering Department, the segment of Sweetwater Road between Edgemere Avenue and Interstate 805 carries approximately 22,500 ADT's. The sale of beer and wine is not expected to generate additional traffic in the area. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the sale and consumption of beer and wine will take place within an enclosed building as an incidental use to food service. 4. That the proposed use is deemed essential and desirable to the public convenience or welfare, since beer and wine will be available in conjunction with food service at the request of the customer. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. The tenant improvements shall be designed and constructed in accordance with the provisions of the 1988 Edition of the Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, the 1990 National Electrical Code and Title 24 (energy requirements and handicapped regulations). 2. Submit a complete floor plan to scale showing all dimensions, including any existing and new walls to be removed or constructed. 3. Show the square footage of the area to be occupied, type of construction and occupancy classifications of the building. 4. Indicate handicapped parking location on the site plan and show all dimensions. 5. Approval from the Health Department shall be obtained prior to submitting plans to the Building and Safety Department. 6. It is strongly recommended that the services of an architect or a professional draftsman be obtained for tenant improvement design. 7. Food service shall be provided at all times the restaurant is open. There shall be no bar or counter over which alcohol is served. Live entertainment shall be prohibited. 8. Alcohol sales shall be limited to beer and wine only. 9. The sale of beer and wine for off -site consumption shall be prohibited. 10. There shall be no minors employed at the restaurant. 11. The sale of beer and wine shall be incidental to food service. With the annual renewal of City Business License the business proprietor shall submit a statement clearly indicating total liquor 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. 12. The business proprietor shall submit written evidence to the Planning Department that all persons involved in the sale of alcoholic beverages have received instruction in the proper procedures from the California State Department of Alcoholic Beverage Control. 13. Before this Conditional Use Permit shall become effective, the applicant 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 Director 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 Conditional Use Permit No. 1992-1 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 Planning Director prior to recordation. 14. Use of the property as authorized by this Conditional Use Permit shall be limited to a full service restaurant with incidental sale of beer and wine. 15. 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 Section 18.116.190 of the Municipal Code. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m., on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. 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. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of May 4, 1992 by the following vote: AYES: KNUTSON, LARGE, GODSHALK, FLORES, AGUILERA. NAYS: DETZER ABSENT: ABSTAIN: BACA