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HomeMy WebLinkAboutResolution No. 2021-06 Gerry's Grill RESOLUTION NO. 2021-06 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA APPROVING A CONDITIONAL USE PERMIT FOR THE ADDITION OF LIVE ENTERTAINMENT AND EXPANSION OF APPROVED OPERATING HOURS FOR ALCOHOL SALES AT AN EXISTING RESTAURANT (GERRY’S GRILL) LOCATED AT 3030 PLAZA BONITA ROAD, SUITE 2510 CASE FILE NO. 2021-12 CUP APN: 561-471-07 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for the addition of live entertainment and expansion of approved operating hours for alcohol sales at an existing restaurant (Gerry’s Grill) located at 3030 Plaza Bonita Road, suite 2510 at a duly advertised public hearing held on August 16, 2021, 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. 2021-12 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 procedures required by State law and City law. 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 August 16, 2021, support 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 the use is permitted 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. 2. The proposed use is consistent with the General Plan and any applicable specific plan, because alcohol sales and live entertainment are permitted, subject to a CUP, by the Land Use Code, which is consistent with the General Plan. A restaurant use is consistent with the MXD-2 land use designation contained in the Land Use and Community Character element of the General Plan. 3. 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 of the building is proposed. The proposal involves an existing restaurant space, which 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 alcohol sales and live entertainment would be accessory to the primary use of food sales. A restaurant existed on the site previously. 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 would be subject to conditions that limit the hours that alcohol is served and the hours that live entertainment is conducted. All previous conditions of approval would continue to be in effect, except as modified by this request. 6. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and is not considered a project under CEQA, as no development is proposed. In addition, the proposed 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 live entertainment and the extension of operating hours will contribute to the viability of the restaurant, an allowed use in the MXD-2 zone. BE IT FURTHER RESOLVED that the application for a Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes the extension of alcohol sales hours (as stated in Condition No. 7 below) and the addition of live entertainment (subject to the hours stated in Condition No. 8 below) at an existing restaurant located at 3030 Plaza Bonita Road, Ste. 2510. Any plans submitted for permits associated with this project shall conform to Exhibit A, Case File No. 2021-12 CUP, dated 7/1/2021. 2. Unless specifically modified by this resolution, all Conditions of Approval of Planning Commission Resolution 2018-19 shall remain in full force and effect. 3. 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 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 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 Development prior to recordation. 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 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. 6. This Conditional Use Permit may be revoked if the operator is found to be in violation of any Conditions of Approval. Planning 7. The sale of alcoholic beverages shall only be permitted between the hours of 11:00 a.m. and 11:00 p.m. Sunday through Thursday and between 11:00 a.m. and 12:00 a.m. Friday and Saturday. 8. Live entertainment shall be permitted between the hours of 7:30 p.m. and 10:00 p.m. on Thursdays and 8:30 p.m. and 11:30 p.m. Friday and Saturday. Live entertainment on Thursdays shall be limited to a single performer. A band is permitted on Fridays and Saturdays. A licensed security guard shall be on site during all live music performances. 9. Alcohol shall be available only in conjunction with the purchase of food. 10. All activities shall comply with the limits contained in Table III of Title 12 (Noise) of the National City Municipal Code. 11. A licensed security guard shall be on site during all live music performances. 12. The operator of the business shall maintain an active business license and ensure that the business license is renewed annually.