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HomeMy WebLinkAboutPC Reso 2017-21a Titas IIItem no. August 21, 2017 RESOLUTION NO. 2017-21 a A RESOLUTION OF THE PLANNING COMMISS bON OF THE C!TY OF NATIONAL CITY, CALIFORN1A, .APPROVING A CONDITIONAL USE PERMIT MODIFICATION FOR DISTILLED SPIRITS AT AN EXISTING BEER AND WINE-LICENSED RESTAURANT (TIT A'S II} LOCATED AT 3421 EAST PLAZA BOULEVARD. . CASE FILE NO. 2017-09 CUP APN: 569-101-05 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit modification fo~ distilled spirits at an existing beer and wine- licensed restaurant, Tita's II located at 3421 East Plaza Boulevard at a duly advertised public hearings held on June 5 and July 17, 2017, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2017-09 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, at the Planning Commission hearing of July 17, 2017, the Planning Commission asked staff to return with a resolution denying the requested Conditional Use Permit modification; and WHEREAS, at the Planning Commission meeting of August 7, 2017, the Planning Commission took no action on the resolution denying the Conditional Use Permit modification and asked staff to return with resolutions for both approval and denial of the Conditional Use Permit modification; and , WHEREAS , this action is taken pursuant to a!! applicable procedures required by State raw 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 presehted to the Planning Commission at public hearings held on June 5 and July 17, 2017 support the following findings: 1. That the proposed use is allowable within the applicable zo~ing district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code , because alcohol sales fOi on-site consumption are a conditionally-allowed use in the Minor Mixed Use District. Planning Commission . Meeting of August 21, 2017 Page2 2. That the proposed use is consistent with the General Plan and any applicable specific plans, because alcohol sales are permitted, subject to a Conditional Use Permit, by the Land Use Code, which is consistent with the General Plan. In addition, a restaurant use is consistent with the Minor Mixed-Use land use designation contained in the Land Use and Community Character (LU) element of the General Plan . Furthermore, the property is not within a Specific Plan area. 3. That 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 is proposed, and the use would be accessory to the existing restaurant in the commercial area. 4. That the site is physically suitable for the type,-density, and intensity of use being proposed, including access, utilities, and . the absence of physical constraints, since the restaurant is existing and the proposed alcohol sales would be accessory to the restaurant use, which is not expected to increase the demand for parking on the property. 5 . That 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 modification to sell distilled spirits at the existing wine-licensed restaurant is consistent with the previous approved use and is similar in nature to surrounding area uses. The modification wm be subjeci i:o the original conditions that limit the sale of alcohol and the hours that it will be available; no alcohol will be sold after 12 a.m. and will oniy be avai!ab!e wi!h the sale of food. !n additfon, &I! busin0ss staff is required to receive Respcr.slb!e Bavemge Service & Sales (RBSS) Training . 6 . That the proposed project has been reviewed in compliance with the California Environmental Quality Act. because it has been determined that th_e proposed use is not a project per the Act. There is no calculable increase in traffic and no other impacts are anticipated; therefore, the project would not result in any physical changes to the environment. 7 . That the proposed use is deemed essential and desirable to the public convenience or necessity, because alcohol sales will contribute to .the viability of a restaurant, an allowed use in the Minor Mixed-Use District (MXD-1) zone. Planning Commission Meeting of August 21, 2017 Page 3 8. That based on findings 1 through 7 above, public conveni~.nce and necessity will be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit modification authorizes the sale of distilled spirits at an existing restaurant with beer and wine sales, located at 3421 East Plaza Boulevard. Unless specifically modified by this resolution, all previous Conditions of Approval as stated in City Council Resolution 2011-39 are still in effect. Plans submitted for permits associated with this project shall conform to Exhibit A, case file no. 2017-09 CUP, dated 3/30/2017. 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 Department 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 tile Deputy City Manager prior to recordation. 3. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Reguiations, Titie 14, Section 753.5, the applicant shall pay all necessary environments~ filing fees for the San Diego Coun'iy Cierk. Checks shall be made payable to the County Cieri< and submitted to the National City Planning Department. 4. 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. 5. This permit shaH 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. 6. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. Planning Commission Meeting of August 21, 2017 Page4 Planning 7. All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (~BSS) 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 business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by th e Institute of Public Strategies. 8. 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 employees of the City, who are authorized to examine, audit and inspect such books and records of the l icense, 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. 9. Alcohol shall be available only in conjunction with the purchase of food. 10. The sale of alcoholic beverages shall be permitted only between the hours of 10 :00 a.m. to 12:00 a.m. daily. 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 fol!owi r.g the City Counc!! meeting where the Planning Commission resolution is s a~ fior review, unless an appeal in writing is fi led 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 Ph~nning Commission and set t he matter for public hearing. · Planning Commission Meeting of August 21, 2017 Page 5 CERTIFICATION : This certifies that the Resolution was adopted by the Planning Commission at their meeting of August 21 , 2017, by the following vote: AYES: Flores, ·Garcia, S~ndt, Quintero, Yamane NAYS : None. ABSENT: Baca ASSTAIN: Dela Paz