HomeMy WebLinkAboutResolution No. 32-2010RESOLUTION NO. 32-2010
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF NATIONAL CITY, CALIFORNIA,
APPROVING A 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
APN: 669-101-05
WHEREAS, the Planning Commission of the City of National City considered a
Conditional Use Permit for the expansion of an existing restaurant and the modification
of nonconforming alcohol sales at 3421 East Plaza Blvd. at a duly advertised public
hearings held on November 22, 2010 and December 6, 2010, 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. 2010-29 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; 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 presented to the Planning
Commission at the public hearings held on November 22, 2010 and December 6, 2010,
support the following findings:
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.
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
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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.
BE IT FURTHER RESOLVED that the application for Conditional Use Permit is
approved subject to the following conditions:
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
Califomia 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
Califomia Building Code, the Califomia 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.
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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
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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.AII 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.
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.
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CERTIFICATION:
This certifies that the Resolution was adopted by the Planning Commission at their
meetings held on November 22, 2010 and December 6, 2010, by the following vote:
AYES: DeLaPaz, Farias, Alvarado, Baca, Pruitt
NAYS: Reynolds, Flores
ABSENT:
ABSTAIN:
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