HomeMy WebLinkAboutResolutionRESOLUTION 2011 — 39
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
APPROVING A CONDITIONAL USE PERMIT FOR THE EXPANSION
OF AN EXISTING RESTAURANT (TITA'S II) AND THE MODIFICATION OF
NONCONFORMING ALCOHOL SALES AT 3421 EAST PLAZA BOULEVARD
APPLICANT: ROGER SPEIR; CASE FILE NO. 2010-29 CUP
WHEREAS, the City Council considered a Conditional Use Permit for the
expansion of an existing restaurant and the modification of nonconforming alcohol sales at 3421
East Plaza Boulevard (APN 669-101-05) at a duly advertised public hearing held on February 1,
2011, at which time oral and documentary evidence was presented; and
WHEREAS, at said public hearings the City Council 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 City Council of the City of
National City that the testimony and evidence presented to the City Council at the public
hearings held on February 1, 2011, 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.
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.
BE IT FURTHER RESOLVED that the application for Conditional Use Permit is
approved subject to the following conditions:
Resolution No. 2011 - 39
Page 2
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 Boulevard. 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 October 28, 2010.
2. Within four (4) days of approval, pursuant to Fish and Game Code section 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 National City 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 California Title 24 energy and handicap regulations.
FIRE
8. Plans submitted for improvements must comply with the current editions of the
CFC, NFPA, Title 19 and the National City Municipal Code.
Resolution No. 2011 -- 39
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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 weather 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 three 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
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, the contractor will be contacted by the National City
Fire Department to retrieve the plans. 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.
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21. Exit signs shall be illuminated with green lettering as required by the National
City Municipal Code.
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, the project shall strictly following Chapter 14 of the CFC
edition "Fire Safety During Construction Alteration or Demolition of a Building".
PLANNING
25. No bar is permitted as part of this approval.
26. 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.
27. 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.
28. 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.
29. No alcoholic beverages shall be consumed outside of the interior restaurant dining
area without modification of this Conditional Use Permit.
30. No alcoholic beverages shall be available with take out or delivery service.
31. No alcohol shall be available without the purchase of food.
32. 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.
Resolution No. 2011 - 39
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33. 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."
34. 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.
35. 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.
36. 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
37. 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 shall be transmitted
forthwith to the applicant.
BE IT FURTHER RESOLVED that this Resolution shall become effective and
final on the day following the City Council meeting where the resolution is adopted. The time
within which judicial review of this decision may be sought is governed by the provisions of
Code of Civil Procedure section 1094.6.
PASSED and ADOPTED this 15th day of February, 2011.
Ron Morrison, Mayor
ATTEST: APPROVED AS TO FORM:
Michael R. Dalla, City Clerk Claudia G. Silva
City Attorney