HomeMy WebLinkAbout2024-05 East 8th Street Villla Manila NOT ADOPTEDRESOLUTION NO. 2024-05
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF NATIONAL CITY, CALIFORNIA DETERMINING THAT THE
PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 1 OF THE CEQA
GUIDELINES SECTION 15301 (EXISTING FACILITIES) AND
APPROVING A CONDITIONAL USE PERMIT
FOR BEER AND WINE SALES (ABC TYPE-41) AND LIVE ENTERTAINMENT AT AN
EXISTING RESTAURANT (VILLA MANILA)
LOCATED AT 500 EAST 8TH STREET
CASE FILE NO. 2024-02 CUP
APN: 556-492-23
WHEREAS, the Planning Commission of the City of National City considered a
Conditional Use Permit for on-site beer and wine sales and live entertainment at an
existing restaurant (Villa Manila) located at 500 East 8th Street. At a duly advertised
public hearing held on May 6, 2024, 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. 2024-02 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 May 6, 2024, 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 Alcohol sales and live entertainment are allowable
within the Major Mixed-Use Corridor 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. It is incidental to the existing restaurant use in a
commercial area.
2.The proposed use is consistent with the General Plan and any applicable
specific plan, because the Land Use Code permits alcohol sales and live
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entertainment, subject to a CUP, which is consistent with the General Plan. In
addition, a restaurant with alcohol sales is consistent with the Major Mixed-Use
Corridor zone land use designation contained in the Land Use Code 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 commercial 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 no expansion of the building is proposed. The proposed uses would be
incidental to the primary use of food service.
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 will be subject to conditions
that limit the sale of beer and wine as well as the hours that it will be available.
Beer and wine will only be available with the sale of food. In addition, all staff
members serving alcohol are required to receive RBSS training. Live
performances will be limited to acceptable hours and to levels of noise that will not
disturb surrounding residential uses.
6.The proposed project has been reviewed in compliance with the California
Environmental Quality Act (CEQA) and has been determined to be categorically
exempt from environmental review pursuant to Class 1, Section 15301 (Existing
Facilities) for which a Notice of Exemption will be filed subsequent to approval of
this Conditional Use Permit. The reason for the exemption is that the use is
proposed within an existing commercial building and the use is similar to other
commercial uses in the area, which are permitted in the Major Mixed-Use
Corridor zone.
7.The proposed use is deemed essential and desirable to the public convenience or
necessity, because the restaurant, a permitted use in the Major Mixed-Use
Corridor zone, will benefit from the sale of alcohol. By providing for a wider
diversity of businesses that add charm to the downtown core. Live entertainment
will also improve the experience for restaurant patrons.
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8.Based on findings 1 through 7 above, public convenience and necessity will be
served by a proposed use of the property for the on-site sales of alcoholic
beverages in accordance with applicable law and the recommended conditions.
The use, as proposed and conditioned, will operate in harmony with surrounding
uses, will not cause a nuisance, and will benefit the community looking for a quality
restaurant experience.
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 sale of beer and wine for on-site
consumption and live entertainment at an existing restaurant (Villa Manila) located
at 500 East 8th Street. Plans submitted for permits associated with this project shall
conform to Exhibit A, Case File No. 2024.02 CUP, dated 3/20/2024.
2.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 or owner 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 or owner 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.
3.This permit shall become null and void at such time as there is no longer a Type 41
California Department of Alcoholic Beverage Control license associated with the
property.
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 or applicable law.
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Planning
7. No alcohol sales and consumption practices shall be permitted until the applicant
has been issued a Type 41 license from the California Department of Alcoholic
Beverage Control.
8. 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.
9. The sale of alcoholic beverages and live entertainment shall only be permitted
between the hours of 3:30 p.m. and 9:00 p.m. Tuesday through Friday and 11:00
a.m. and 9:00 p.m. Saturdays and Sundays.
10. 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 the Planning Manager or designee or other
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.
11. Alcohol shall be available only in conjunction with the purchase of food.
12. The sale of alcoholic beverages for off-site consumption is not permitted at this
location.
13. Permittee shall post signs at all exits to outdoor areas, indicating that alcoholic
beverages must be consumed inside the restaurant and may not be taken off-
premises.
14. Live entertainment shall be conducted as an accessory use to the restaurant for the
enjoyment of its customers. No advertisement promoting a particular performer or
event shall be distributed outside the café.
15. All entry and exit doors, including windows, shall remain closed during inside live
entertainment activities.
16. All activities shall comply with the noise limits contained in Table III of Title 12 of the
National City Municipal Code.
17. The occupancy of the building, inclusive of patrons, staff, and entertainers, shall not
exceed the occupancy load determined by the Building Division.
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18. The operator of the business shall maintain an active business license and ensure
that the business license is renewed annually.
Police
19. The permittee shall comply with all applicable law, including, but not limited to the
regulatory provisions of the Business and Professions Code that pertain to the sale,
serving, and consumption of alcoholic beverages.
Indemnification Agreement
The Applicant shall defend, indemnify, and hold harmless the City, its agents,
officers, and employees from any and all claims, actions, proceedings, damages,
judgments, or costs, including attorney's fees, against the City or its agents, officers, or
employees, relating to the issuance of this permit including, but not limited to, any action
to attack, set aside, void, challenge, or annul this development approval and any
environmental document or decision. The City will promptly notify the Applicant of any
claim, action, or proceeding. The City may elect to conduct its own defense, participate in
its own defense, or obtain independent legal counsel in defense of any claim related to
this indemnification. In the event of such election, the Applicant shall pay all of the costs
related thereto, including without limitation reasonable attorney's fees and costs. In the
event of a disagreement between the City and Applicant regarding litigation issues, the
City shall have the authority to control the litigation and make litigation related decisions,
including, but not limited to, settlement or other disposition of the matter. However, the
Applicant shall not be required to pay or perform any settlement unless such settlement is
approved by the Applicant.
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 May 6, 2024, by the following vote:
AYES:
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NAYS:
ABSENT:
ABSTAIN:
________________________
CHAIRPERSON
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