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Home My WebLink AboutPC Reso 2018-05a - CUP Ace CrabRESOLUTION NO. 2018-05 (a) A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFOR i ""IA APPROVING A CONDITIONAL USE PERMIT FOR T HE ON-S liE SALE OF BEER AND WINE AT AN EXISTING RESTAURANT LOCATED AT 3403 EAST PLAZA BOULEVARD, S U ITE 'E'. CASE FILE NO. 2018-03 CUP APN: 669-101-03 WHEREAS, the Planning Commission of the City of Natio n al City considered a Conditional Use Permit for the on-site sale of beer and wine at an existing restaurant for a property located at 3403 East Plaza Boulevard , suite 'E' at a duly advertised public hearing held on March 19, 2018, 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. 2018-03 CUP 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 p,rocedures 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 C o mmission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on March 19, 2018, support the following findings: 1. That 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 for on-site consumption are a conditionally-allowed use in the Minor Mixed Use District. 2. That the proposed use is consistent with the General Pla n 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 t he General Plan. In addition, a restaurant use is consistent with the Minor Mixed-Use land use designation contained in the Land Use and Community Cha r acter element of the General Plan. Furthermore, the property is not within a Specific Plan area. 3. That the design, location, size, and operating characteris r ics of the proposed activity would be compatible with the existing and future la n d 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 i ntensity 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 d emand 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 use will be subject to conditions that limit the sale of alcohol and the hours that it will be available; no alcohol will be sold after 10 p.m. and will only be available with the sale of food. In addition, all business staff is required to receive Responsible Beverage 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 the 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. 8. That based on findings 1 through 7 above, public convenie n ce and necessity will be served by a proposed use of the property for the re t ail sales of alcoh(?lic beverages pursuant to law. BE IT FURTHER RESOLVED that the application f or a Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes the sale of beer at an existing restaurant located at 3403 East Plaza Boulevard. Plans submitted for pennits associated with this project shall conform to Exhibit A, case file no. 2018-03 CU P , dated 1/30/2018. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner shall both sign and have notarized an Accepta n ce 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 satisf action 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 the Deputy City Manager prior to recordation. 3. This permit shall become null and void if not exercised within one year after adoption of ihe resolution of approval unless extended according to. procedures specified in the Municipal Code. 4. 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 ~f the Land Use Code, if discontinued for any lesser period of time. 5. This Conditional Use Permit may be revoked if the operator is found to be in violation of any Conditions of Approval. Planning 6. 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). 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. 7 . 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 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. 8. Alcohol shall be available only in conjunction with the purchase of food. 9. The sale of alcoholic beverages shall be permitted only between the hours of 11 :00 a.m. to 10:00 p.m. daily. BE IT FURTHER RESOLVED that copies of this Resol ution 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 sn appe.al 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: I This certifies that the Resolution was adopted by the Planning Commission at their meeting of March 19, 2018, by the following vote: AYES: Quintero, Sendt, Yamane, Garcia, Flores, Dela Paz NAYS: None. ABSENT: None. ABSTAIN: Baca ~ CHAIRPERSON