HomeMy WebLinkAboutReso 27-2000, CUP-2000-26RESOLUTION NO. 27-2000
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF NATIONAL CITY, CALIFORNIA,
APPROVING A CONDITIONAL USE PERMIT
TO ALLOW ALCOHOL SALES IN A PROPOSED RESTAURANT
AT 2980 PLAZA BONITA ROAD (FORMERLY 3030 PLAZA BONITA ROAD)
APPLICANT: FANCHER DEVELOPMENT SERVICES/NINA RAEY
CASE FILE NO. CUP-2000-26
WHEREAS, the Planning Commission of the City of National City considered a
Conditional Use Permit application to allow alcohol sales in a proposed restaurant at 3030 Plaza
Bonita Road at a duly advertised public hearing held on November 20, 2000, at which time oral
and documentary evidence was presented; and,
WHEREAS, at said public hearing the Planning Commission considered the staff report
contained in Case File No. CUP-2000-26 which is maintained by the City and incorporated
herein by reference along with evidence and testimony at said hearing; and,
WHEREAS, this action is taken pursuant to all applicable procedures required by State
law 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 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 TE ovember 20, 2000, support the following findings:
That the site for the proposed use is adequate in size and shape, since the proposed
site contains ample room to house the use and provide the necessary parking.
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 proposed use is served by Plaza Bonita Road, an arterial street, and
since the amount of traffic generated by the proposed 6,163 square foot building will
be minimal relative to the estimated 12,700 daily trips on the road.
3. That the proposed use will not have an adverse effect upon adjacent or abutting
properties, since the proposed use will be located over 750 feet from the nearest
residential properties and since the use will be subject to conditions that limit the
sale of alcohol and ensure that it remains accessory to the sale of food.
4. That the proposed use is deemed essential and desirable to the public convenience
and welfare, since the facility will provide opportunities to purchase items that are
often requested by consumers in a quality restaurant setting.
BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved
subject to the following conditions:
1. This Conditional Use Permit authorizes the incidental sale of alcoholic beverages in a
restaurant.
2. Before this Conditional Use Permit shall become effective, the applicant and the
property owner both 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 are binding on all present or fixture 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.
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 Section 18.116.190 of the Municipal Code.
4. 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 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 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.
5. Exterior advertising and signs of all types, promoting or indicating the availability of
alcoholic beverages, including advertising/signs directed to the exterior from within,
are prohibited. Interior displays of alcoholic beverages and signs, which are clearly
visible to the exterior, shall constitute a violation of this condition.
6. Alcohol sales shall be prohibited between the hours of midnight and 10:00 a.m.
7. Signs shall be posted in the patio dining area indicating that alcoholic beverages must
be consumed inside the restaurant or patio area and may not be taken off -premises.
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.
CERTIFICATION:
This certifies that the Resolution was adopted by the Planning Commission at their meeting of December
4, 2000, by the following vote:
AYES: PARKA, GODSHALK, VALDERRAMA, BACA, MARTINELLI, DETZER
NAYS:
ABSENT:
ABSTAIN: UNGAB