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HomeMy WebLinkAboutPlanning Commission Staff ReportsTitle: Item no. 1 December 6, 2010 CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT CONTINUED PUBLIC HEARING — CONDITIONAL USE PERMIT FOR THE EXPANSION OF AN EXISTING RESTAURANT AND THE MODIFICATION OF NONCONFORMING ALCOHOL SALES AT 3421 EAST PLAZA BLVD. Case File No.: 2010-29 CUP Location: Plaza Blvd. and Manchester Avenue Assessor's Parcel No.: 669-101-05 Staff report by: Martin Reeder Applicant: Roger Speir BACKGROUND Previous Action This item was continued from the November 22, 2010 meeting. At the hearing a representative from the Institute for Public Strategies spoke in opposition to the proposal as well as a property owner who lives approximately 600 feet to the east in the O.D. Arnold Estates. Concerns focused on hours of operation, live entertainment and the proposed bar area. There was a discussion over limiting the hours that live entertainment should be permitted as well as the days that entertainment would be appropriate. Ultimately, staff suggested that the applicant meet with concerned community members to discuss details of the proposal. The Commission continued the item to a date certain of December 6, 2010; therefore, the project was not re -noticed. New Information There was an informal meeting held at City Hall on December 1, 2010. In addition to staff and the applicants, there were two community members in attendance. One neighbor lives approximately 600 feet to the east and the other directly across Plaza Blvd. from the restaurant, approximately 250 feet away. The former citizen stated that they did not want to see anything more than a restaurant, while the latter resident was in support of the project as long as noise impacts were mitigated. The applicants reiterated that they had installed soundproofing and did not intend for any sound impacts to be present in the area. Furthermore, they agreed to close the outside seating area at 9:00 p.m. and to conduct a sound study to ensure there are no noise impacts to surrounding properties. With regard to hours and days of live entertainment, the applicant changed their request, asking for entertainment five nights a week (Wednesday through Sunday) from 5:00 p.m. until midnight. The applicants also stated that they wished to keep the proposed bar area. Analysis Conditions of approval have been modified to reflect the applicants' current request. In addition, conditions specific to noise control are included in order to mitigate possible noise impacts. These conditions (No. 34-36) require compliance with noise standards as specified in Title 12 (Noise) of the Municipal Code, prohibit any concert events or advertisement of such, and require the closure of the outside seating areas at 9:00 p.m. each evening. In addition condition number 37 requires that a sound study be commissioned providing proof of Title 12 compliance. As mentioned above, the applicant still wishes to keep the bar area, which has 12 seats. The restaurant will have a total of 186 seats. The 12 seats located in the bar area would comprise less than one percent of the overall seating. Furthermore, condition number 30 requires that no alcohol sales be permitted without the purchase of food. The applicant has indicated that food would be available in the bar. This would be similar to a lunch counter in a standard restaurant. Summary The sale of alcohol for on -site consumption at Tita's II will contribute to the viability of a restaurant, a permitted use within the Limited Commercial zone. Conditions of Approval for live entertainment and the sale of alcohol are intended to reduce the potential for adverse effects on area uses. Furthermore, the remodeling currently under way at the restaurant will help to create a new commercial draw to the area. RECOMMENDATION 1. Approve 2010-29 CUP subject to the conditions listed below, based on attached findings; or 2. Deny 2010-29 CUP based on attached findings/findings to be made by the Planning Commission; or 3. Continue the item to a subsequent hearing date. ATTACHMENTS 1. Recommended Findings for Approval and Denial 2. Revised recommended Conditions 3. November 22, 2010 Staff Report with attachments 4. Applicant's Plans (Exhibit B, case file no. 2010-29 CUP, dated 10/28/2010) MARTIN REEDER Assistant Planner M YAM BA: AKI Development Services Director RECOMMENDED FINDINGS FOR APPROVAL 2010-29 CUP, 3421 East Plaza Blvd. 1. That the site for the proposed use is adequate in size and shape, since an alcohol license has been associated with this property for some time, and the proposed entertainment would be an accessory use to the existing restaurant in an existing neighborhood commercial center and is not expected to significantly increase the demand for parking in the center. 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 Plaza Blvd. is classified as an arterial street in the Circulation Element and the addition of accessory live entertainment is not expected to result in an appreciable increase in traffic. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed use will be subject to conditions that restrict the hours that alcohol will be available, require compliance with City noise standards and require the purchase of food with any alcohol purchase. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will contribute to the viability of a restaurant, an established and allowed use in the applicable commercial zone. 5. That public convenience and necessity may be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. RECOMMENDED FINDINGS FOR DENIAL 2010-29 CUP, 3421 East Plaza Blvd. 1. That the proposed use is not deemed essential and desirable to the public convenience and welfare, since the addition of live entertainment may contribute to additional calls for Police Service and noise issues in the area, inconsistent with the residential character of the surrounding community. 2. That public convenience and necessity may not be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. RECOMMENDED CONDITIONS OF APPROVAL 2010-29 CUP, 3421 East Plaza Blvd. General 1. This Conditional Use Permit authorizes live entertainment and the on -sale of beer and wine within a restaurant located at 3421 East Plaza Blvd. Consumption of alcoholic beverages and live entertainment shall be limited to an area in substantial conformance with Exhibit B, case file no. 2010-29 CUP, dated 10/28/2010. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 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. 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. 5. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. 6. 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 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 Development Services 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 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 Development Services Director prior to recordation. Building 7. Any plans submitted for improvements must comply with the current editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and Califomia Title 24 energy and handicapped regulations. Fire 8. Plans submitted for improvements must comply with the current editions of the CFC, NFPA, Title 19 and National City Municipal Codes. 9. The required width of emergency fire apparatus access roads shall not be obstructed in any manner, including parking of vehicles. All access roads shall be no less than 20 feet wide, no less than 14 feet high and shall have an all weathered road with the ability to support 75 thousand pounds or greater. Where a fire hydrant is located on a fire apparatus road, the minimum road width shall be 26 feet. 10. The project shall be evaluated for sprinkler and fire alarm requirements. 11. A contractor license is required. Fire Protection Systems require a C-16 license and a Fire Alarm Systems require a C-10 license. The stamp shall be visible on all sets of plans. 12. Fire Sprinkler, Fire Alarm, Fire Protection Systems and Fire Underground plans are to be directly submitted to the National City Fire Department under separate permit for review and permitting. Fees along with 3 sets of plans including all "Cut Sheets and Calculations" shall be included upon submittal. Plan review shall be a 30 day plan review process or 21 working days. No over the counter plan reviews accomplished. 13. Supervision (Fire Alarm) of sprinkler piping and fire detection devices shall be automatically supervised where more than 20 sprinklers are on the system. 14. Plans will not be reviewed until fees have been paid. Check is payable to the City of National City. 15. Upon submittal for permit, the following shall be included for underground: • Data sheet for Back -Flows • Data sheets for Private and Commercial Hydrants • Data sheets for Post Indicator Valves Information on required fire hydrants back -flow devices, etc; can be acquired from Sweetwater Authority. All pipe and their appliances, shall meet industry/code standards for under ground use. 16. Should any plan corrections be required, contractor must correct the plan and re- submit to the Fire Department for approval once again prior to installation. 17. Once plans are approved, contact will be made with the contractor. Contractor will be required to retrieve the approved plan from the National City Fire Department. The contractor will be required to sign the permit and pick up the approved plans. Work may not commence prior to plan pick-up. 18.A rough inspection of all work is required prior to closure. All rough work shall be visible at time of inspection 19.A request for an inspection shall be made 48 hours in advance. Inspection shall be made once work is complete utilizing approved and stamped plans. Contractor shall be required to have the approved plans on site per code. 20. All contractors shall possess a National City New Business License prior to Fire Department plan submittal. A copy of the New Business License will be required at time of plan submittal. 21. Exit signs shall be illuminated with green lettering per National City Ordinance requirements. 22. FDC caps to be Knox FDC Plugs. The application must be acquired from the National City Fire Department Administration offices. 23. If entrance/exit gates are used, gates shall be equipped with Knox Box and Emergency Strobes so as to provide emergency vehicle access and egress. A Knox Key Switch shall be required in conjunction with strobe for emergency access and shall be placed at front of property. Please contact the National City Fire Department for exact field location. 24. During construction, project shall strictly following Chapter 14 of the CFC edition "Fire Safety During Construction Alteration Or Demolition Of A Building". Planning 25. The sale of alcoholic beverages shall be limited to between the hours of 10:00 a.m. and 12:00 a.m. seven days a week. 26. All persons who will be serving alcoholic beverages shall receive L. E.A. D. (Licensee Education on Alcohol and Drugs) training in Responsible Beverage Service from the State Department of Alcoholic Beverage Control or Responsible Hospitality Coalition. Training shall include a component addressing domestic violence. 27. 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. There shall be no excessive advertising and/or marketing that targets youth or holidays. 28. No alcoholic beverages shall be consumed outside of the interior restaurant dining area without modification of this Conditional Use Permit. 29. No alcoholic beverages shall be available with take out or delivery service. 30. No alcohol shall be available without the purchase of food. 31. 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 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. 32. Permittee shall post signs, to be approved by the Planning Division, on the exterior building walls in compliance with Chapter 10.30.070 of the National City Municipal Code. Said signs shall not be less than 17 by 22 inches in size, with lettering not less than one inch in height. The signs shall read as follows: a. "It is unlawful to drink an alcoholic beverage or to possess an open alcoholic beverage container in public or in a public parking lot. NCMC 10.30.050 and 10.30.060." 33. Entertainment shall be limited to the days of Wednesday through Sunday and to the hours of 5:00 p.m. until midnight. 34. All activities shall comply with Title 12 (Noise) of the National City Municipal Code at all times. 35. No public concert events are permitted as part of this permit. No advertisement targeted for a specific performer or event may be circulated outside of the restaurant and live entertainment shall be incidental to the restaurant use. 36. Service of the outside seating areas shall cease at 9:00 p.m. daily. Tables and chairs shall be stored or otherwise removed from service. 37. A sound study shall be commissioned by the applicant to ensure that live entertainment complies with Title 12 (Noise) of the National City Municipal Code. Results shall be provided to the Development Services Department and verified prior to any live entertainment being offered. 38. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Division prior to issuance of building permits. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation. 39. All plans submitted for approval shall reflect a parking lot configuration that is consistent with Land Use Code section 18.58 — Off -Street Parking and Loading. Police 40. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, display and marketing or merchandising of alcoholic beverages. CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Title: Case File No.: Location: Assessor's Parcel No.: Staff report by: Applicant: Property owner: Combined General Plan/ Zoning designation: Adjacent land use/zoning: North: East: South: West: Environmental review: Item no. 4 November 22, 2010 PUBLIC HEARING — CONDITIONAL USE PERMIT FOR THE EXPANSION OF AN EXISTING RESTAURANT AND THE MODIFICATION OF NONCONFORMING ALCOHOL SALES AT 3421 EAST PLAZA BLVD. 2010-29 CUP Plaza Blvd. and Manchester Avenue 669-101-05 Martin Reeder Roger Speir Sabah Toma CL-PD-H35 (Limited Commercial — with a Planned Development and 35-foot height restriction overlay) Two-story commercial building / CL-PD-H35 Single-family residential across Plaza Blvd / RS-1 Highland Park apartments across Plaza Blvd / RM-1-PD-H35 Shopping Center and Single-family residential beyond / RS-2 Categorically Exempt pursuant to Class 1 Section 15301 (Existing Facilities) BACKGROUND Site Characteristics The project site is an existing restaurant located between two commercial centers at the east end of Plaza Blvd. between Olive Street and East 8th Street; the building was constructed in 1975 as a produce market. Building plans on file show a total of 28 parking spaces on site dedicated to the business. The restaurant (Tita's II) applied for a business license in July of this year, although there has been a restaurant at this location for many years. The previous restaurant (Manila Tokyo) was issued an alcohol permit from the Department of Alcoholic Beverage Control (ABC) in 1993. The applicants have operated another business, Tita's Kitchenette, at 2720 Plaza Blvd for almost 20 years. The owners of Tita's restaurant were transferred the ABC license in September of this year. The Type 41 license (On -Sale Beer and Wine for Bona Fide Public Eating Place), is considered non -conforming as there is no Conditional Use Permit (CUP) on file for the property — the City's CUP requirement for alcohol sales was not instituted until 2003. The existing license has four conditions: • Entertainment shall not be audible outside of business premises; • No bar; • No alcohol sales between midnight and 6:00 a.m.; • Alcohol sales shall not exceed the sale of food. There is an existing non -permitted addition on the south side of the building. The addition expands the restaurant by approximately 299 square feet. Proposed Use The applicant wishes to continue to operate under a Type 41 license (no distilled spirits sales are being requested). However, the applicant is requesting to expand the restaurant including legalizing the non -permitted addition, adding a walk-in freezer, bar, stage and DJ area, and two outdoor dining areas. No alcohol is proposed to be served outside. The restaurant operation proposal includes being open from 10:00 a.m. until 1:00 a.m. daily, with alcohol sales ceasing at midnight. From 10:00 a.m. until 5:00 p.m. the restaurant would provide short-order service; from 5:00 p.m. until 7:00 p.m. (happy hour) a buffet service would be provided; a set dinner menu would be offered from 7:00 p.m. until close. The restaurant also proposes to provide take-out and catering service. The restaurant would also offer entertainment, starting during happy hour and continuing until closing. The applicant has stated that entertainers may be solo or in a group — focusing on local musicians — but does not intend to have any concert events. They have also stated that soundproofing material has been installed in the building. Analysis Addition/Remodel As part of the new restaurant ownership, the applicants are remodeling the building by expanding the kitchen storages area (walk-in cooler), requesting the legalization of the non -permitted addition, adding two outdoor patio areas, with new awnings, and refinishing the outside walls. The walls of the building would be finished with stucco and repainted. A new awning is proposed for the main entrance and also above each of the patios. A low stone veneer wall is proposed around the outside seating areas. Although not part of the CUP application (no alcohol is proposed outside), the remodeling of the restaurant will improve the appearance of the business, bringing it more in line with the quality restaurant model the applicant is seeking to portray. Landscaping is a large part of the upgrade, with additional plants throughout the property frontages and adjacent to the building. There are already multiple palms and other trees along the Plaza Blvd. frontage. The proposed bar is approximately 15 feet long and has six seats at the service side of the bar. There are six more seats facing the main dining room in the same area. The whole bar area is approximately 109 square feet in size. The proposed stage is located along the south side of the building, the area of the non -permitted expansion. The stage would be 411 square feet in size. There is also a small DJ area in the dining room that is around 36 square feet in size. Parking Parking for restaurants is based on the amount of fixed seats and other areas where people may assemble. Plans show 36 fixed seats, 12 bar seats and 80 moveable seats (tables in the main dining area). The outside seating areas would be able to accommodate a further 58 seats. As mentioned above, plans on file show 28 existing parking spaces. The addition of a new walk-in freezer (158 square feet) and the legalization of the non -permitted (299 square feet) would not trigger additional parking spaces, as parking standards for restaurants are based on the number of seats. However, two additional parking spaces are to be provided — project plans show 30 spaces proposed. It should be noted that the layout of the parking lot is not completely per code. For example, the back up space for the spaces on the north side of the building is not the minimum 24 feet required. However, there is room to fit 30 spaces if the aforementioned spaces are changed to angled spaces. A Condition of Approval has been added to require a parking lot configuration consistent with The Land Use Code. The parking lot plan will be evaluated during the building permit process. Outdoor seating areas have not historically required additional parking and have not been required to be parked in this case. Institute for Public Strategies comments Comments from the Institute for Public Strategies (IPS) indicated concerns over live entertainment encouraging the transition to a dancing venue, and no alcohol sales after midnight (addressed in Condition No. 8). Fire Department comments Comments were provided by the Fire Department related to the tenant improvements and construction activities. These comments are included as Conditions of Approval under "Fire". Conditions of Approval Standard Conditions of Approval have been included with this permit, as well as conditions specific to on -sale alcohol sales (no sale of alcohol without food, annual reporting of food/alcohol sales). Conditions have also been included to prohibit the delivery or take-out of alcohol and to comply with Municipal Code noise limitations. Summary The sale of alcohol for on -site consumption at Tita's II will contribute to the viability of a restaurant, a permitted use within the Limited Commercial zone. Conditions of Approval for live entertainment and the sale of alcohol are intended to reduce the potential for adverse effects on area uses. Furthermore, the remodeling currently under way at the restaurant will help to create a new commercial draw to the area. Although the alcohol license exists, the addition of entertainment may change the dynamic of the clientele frequenting the business, potentially contributing to additional calls for police service. In addition, limited Police resources would make it difficult to ensure compliance with the increasing number of alcohol licenses citywide. RECOMMENDATION 1. Approve 2010-29 CUP subject to the conditions listed below, based on attached findings; or 2. Deny 2010-29 CUP based on attached findings/findings to be made by the Planning Commission; or 3. Continue the item to a subsequent hearing date. ATTACHMENTS 1. Recommended Findings for Approval and Denial 2. Recommended Conditions 3. Location Map 4. Census Tract Map and Police Beat Map 5. Police Department comments 6. Applicant's Community Meeting (Minutes, and Sign -In Sheet) 7. Notice of Exemption 8. Public Hearing Notice (Sent to 286 property owners and occupants) 9. Site photos 10. Applicant's Plans (Exhibit B, case file no. 2010-29 CUP, dated 10/28/2010) MARTIN REEDER Assistant Planner MARYAM BABAKI Development Services Director RECOMMENDED FINDINGS FOR APPROVAL 2010-29 CUP, 3421 East Plaza Blvd. 1. That the site for the proposed use is adequate in size and shape, since an alcohol license has been associated with this property for some time, and the proposed entertainment would be an accessory use to the existing restaurant in an existing neighborhood commercial center and is not expected to significantly increase the demand for parking in the center. 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 Plaza Blvd. is classified as an arterial street in the Circulation Element and the addition of accessory live entertainment is not expected to result in an appreciable increase in traffic. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed use will be subject to conditions that restrict the hours that alcohol will be available, require compliance with City noise standards and require the purchase of food with any alcohol purchase. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will contribute to the viability of a restaurant, an established and allowed use in the applicable commercial zone. 5. That public convenience and necessity may be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. RECOMMENDED FINDINGS FOR DENIAL 2010-29 CUP, 3421 East Plaza Blvd. 1. That the proposed use is not deemed essential and desirable to the public convenience and welfare, since the addition of live entertainment may contribute to additional calls for Police Service and noise issues in the area, inconsistent with the residential character of the surrounding community. 2. That public convenience and necessity may not be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. RECOMMENDED CONDITIONS OF APPROVAL 2010-29 CUP, 3421 East Plaza Blvd. General 1. This Conditional Use Permit authorizes live entertainment and the on -sale of beer and wine within a restaurant located at 3421 East Plaza Blvd. Consumption of alcoholic beverages and live entertainment shall be limited to an area in substantial conformance with Exhibit B, case file no. 2010-29 CUP, dated 10/28/2010. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 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. 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. 5. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. 6. 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 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 Development Services 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 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 Development Services Director prior to recordation. Building 7. Any plans submitted for improvements must comply with the current editions of the California Building Code, the Califomia Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. Fire 8. Plans submitted for improvements must comply with the current editions of the CFC, NFPA, Title 19 and National City Municipal Codes. 9. The required width of emergency fire apparatus access roads shall not be obstructed in any manner, including parking of vehicles. All access roads shall be no less than 20 feet wide, no less than 14 feet high and shall have an all weathered road with the ability to support 75 thousand pounds or greater. Where a fire hydrant is located on a fire apparatus road, the minimum road width shall be 26 feet. 10. The project shall be evaluated for sprinkler and fire alarm requirements. 11. A contractor license is required. Fire Protection Systems require a C-16 license and a Fire Alarm Systems require a C-10 license. The stamp shall be visible on all sets of plans. 12. Fire Sprinkler, Fire Alarm, Fire Protection Systems and Fire Underground plans are to be directly submitted to the National City Fire Department under separate permit for review and permitting. Fees along with 3 sets of plans including all "Cut Sheets and Calculations" shall be included upon submittal. Plan review shall be a 30 day plan review process or 21 working days. No over the counter plan reviews accomplished. 13. Supervision (Fire Alarm) of sprinkler piping and fire detection devices shall be automatically supervised where more than 20 sprinklers are on the system. 14. Plans will not be reviewed until fees have been paid. Check is payable to the City of National City. 15. Upon submittal for permit, the following shall be included for underground: • Data sheet for Back -Flows • Data sheets for Private and Commercial Hydrants • Data sheets for Post Indicator Valves Information on required fire hydrants back -flow devices, etc; can be acquired from Sweetwater Authority. All pipe and their appliances, shall meet industry/code standards for under ground use. 16. Should any plan corrections be required, contractor must correct the plan and re- submit to the Fire Department for approval once again prior to installation. 17. Once plans are approved, contact will be made with the contractor. Contractor will be required to retrieve the approved plan from the National City Fire Department. The contractor will be required to sign the permit and pick up the approved plans. Work may not commence prior to plan pick-up. 18.A rough inspection of all work is required prior to closure. All rough work shall be visible at time of inspection 19.A request for an inspection shall be made 48 hours in advance. Inspection shall be made once work is complete utilizing approved and stamped plans. Contractor shall be required to have the approved plans on site per code. 20. All contractors shall possess a National City New Business License prior to Fire Department plan submittal. A copy of the New Business License will be required at time of plan submittal. 21. Exit signs shall be illuminated with green lettering per National City Ordinance requirements. 22. FDC caps to be Knox FDC Plugs. The application must be acquired from the National City Fire Department Administration offices. 23. If entrance/exit gates are used, gates shall be equipped with Knox Box and Emergency Strobes so as to provide emergency vehicle access and egress. A Knox Key Switch shall be required in conjunction with strobe for emergency access and shall be placed at front of property. Please contact the National City Fire Department for exact field location. 24. During construction, project shall strictly following Chapter 14 of the CFC edition "Fire Safety During Construction Alteration Or Demolition Of A Building". Planning 25. The sale of alcoholic beverages shall be limited to between the hours of 10:00 a.m. and 12:00 a.m. seven days a week. 26.AII persons who will be serving alcoholic beverages shall receive L.E.A.D. (Licensee Education on Alcohol and Drugs) training in Responsible Beverage Service from the State Department of Alcoholic Beverage Control or Responsible Hospitality Coalition. Training shall include a component addressing domestic violence. 27. 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. There shall be no excessive advertising and/or marketing that targets youth or holidays. 28. No alcoholic beverages shall be consumed outside of the interior restaurant dining area without modification of this Conditional Use Permit. 29. No alcoholic beverages shall be available with take out or delivery service. 30. No alcohol shall be available without the purchase of food. 31. 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 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. 32. Permittee shall post signs, to be approved by the Planning Division, on the exterior building walls in compliance with Chapter 10.30.070 of the National City Municipal Code. Said signs shall not be less than 17 by 22 inches in size, with lettering not Tess than one inch in height. The signs shall read as follows: a. "It is unlawful to drink an alcoholic beverage or to possess an open alcoholic beverage container in public or in a public parking lot. NCMC 10.30.050 and 10.30.060." 33. No public concert events are permitted as part of this permit. Entertainment shall be limited to normal business hours and shall comply with Title 12 (Noise) of the National City Municipal Code at all times. No advertisement targeted for a specific performer or event may be circulated outside of the restaurant and live entertainment shall be incidental to the restaurant use. 34. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Division prior to issuance of building permits. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation. 35. All plans submitted for approval shall reflect a parking lot configuration that is consistent with Land Use Code section 18.58 — Off -Street Parking and Loading. Police 36. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, display and marketing or merchandising of alcoholic beverages.