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HomeMy WebLinkAboutPlanning Commission Staff Report`/ IIITCOROR�TED 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. 5 April 18, 2011 PUBLIC HEARING — CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE AT AN EXISTING RESTAURANT AT 314 HIGHLAND AVENUE. 2011-09 CUP Southwest corner of Highland and E. 3rd Street 556-127-03 Martin Reeder Juan Lopez Zertuche Arturo/Socorro C CG (General Commercial) Commercial use / CG Foodland IGA/Commercial use across Highland/ CG Commercial use / CG Single-family residential use / RS-3-PD Categorically Exempt pursuant to Class 1 Section 15301 (Existing Facilities) BACKGROUND Site Characteristics The project site is an existing approximately 650 square -foot Mexican seafood restaurant near the southwest corner of Highland Avenue and East 3`d Street. The restaurant — Rincon del Mar — was established in 2010. The establishment is part of a larger building that has another restaurant to the north adjacent to 3`d Street. There are seven parking spaces in the rear of the building that service both restaurants. Proposed Use The applicant is requesting to offer beer and wine for on site consumption between the hours of 9:00 a.m. and 10:00 p.m. seven days a week. All alcohol products would be stored in the rear kitchen and storage area and would be brought to the table by a server. Analysis Alcohol /Community Meeting Chapter 18.71 of the National City Land Use Code allows for on -site alcohol sales with an approved Conditional Use Permit (CUP). Pursuant to Section 18.71.030, a community meeting was held Monday, February 14, 2011 at 5:00 p.m. in the restaurant. The applicant states that all owners and occupants within 660 feet of the store were notified by mail of the meeting. A sign -in sheet and meeting minutes are attached. According to the sign -in sheet, five people attended the meeting including the applicant. The minutes state that no questions were asked or comments noted. Alcohol Sales Concentration Per California State Alcoholic Beverage Control (ABC), there are currently three on - sale permits issued in this census tract (118.01). These permits are: • Oriental Cafe - 39 East 7th Street • Napoleone Pizza — 619 National City Blvd. • McDinis Irish Cantina — 105 East 8th Street Census tract 118.01 includes the area of the City between Division and East 8th Streets and between National City Blvd. and Highland Avenue. The attached census tract map shows the location of the subject tract. ABC recommends a total of five on -sale alcohol permits be issued in this census tract, where three exist. Police Department comments Crime statistics provided by PD indicate that the reporting area (Beat 20) had a 2009 crime rate of 99.7%, below the 120% considered to be a high crime area. The Police Department has objected to the issuance of a Conditional Use Permit for on -sale alcohol at this location. In their comments, PD states that there are currently 100 alcohol licenses issued in National City, or roughly 11.7 outlets per square mile. Furthermore, it was stated that until the Police Department had the budget to deploy a dedicated unit to regulate these alcohol establishments, a moratorium on new alcohol CUPs should be considered. PD also quoted the number of ABC permits issued to establishments within a half -mile of the project location as a factor for objection. There are nine such businesses, all but one of which are in the City. This number includes both on and off -sale licenses. Institute for Public Strategies comments As of the writing of this report, no comments were received from the Institute for Public Strategies (IPS). 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). A condition has also been included to prohibit the delivery or take-out of alcohol. Summary The sale of alcohol for on -site consumption at Rincon del Mar will contribute to the viability of a restaurant, a permitted use within the General Commercial zone. Conditions of Approval for the sale of alcohol are intended to reduce the potential for adverse effects on area uses. However, limited Police resources would make it difficult to ensure compliance with the increasing number of alcohol licenses citywide. RECOMMENDATION Approve 2011-09 CUP subject to the conditions listed below, based on attached findings. ATTACHMENTS 1. Recommended Findings for Approval 2. Recommended Conditions 3. Location Map 4. Census Tract Map and Police Beat Map 5. Community Meeting Information (Notice, minutes and sign -In sheet) 6. Notice of Exemption 7. Public Hearing Notice (Sent to 541 property owners and occupants) 8. Site photos 9. Police Department Comments 10. Applicant's Plans (Exhibit A, case file no. 2011-09 CUP, dated 3/3/2011) MARTIN REEDER ARYAM B :AKI Assistant Planner Development Services Director RECOMMENDED FINDINGS FOR APPROVAL 2011-09 CUP, 314 Highland Ave. 1. That the site for the proposed use is adequate in size and shape, since the proposed use is an accessory use to the existing restaurant use in an existing commercial area and the sale of beer and wine is not expected to increase the demand for parking on the property. 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 Highland Avenue is classified as an arterial street in the Circulation Element, and the addition of alcohol sales 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 compatible with other nearby businesses; and since the proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available. 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 CONDITIONS OF APPROVAL 2011-09 CUP, 314 Highland Ave. General 1. This Conditional Use Permit authorizes the on -sale of beer and wine within a restaurant located at 314 Highland Ave. Consumption of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit A, case file no. 2011-09 CUP, dated 3/3/2011. 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. Planning 7. The sale of alcoholic beverages shall be limited to between the hours of 9:00 a.m. and 10:00 p.m. seven days a week. 8. 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. 9. 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. 10. No alcoholic beverages shall be consumed outside of the interior restaurant dining area without modification of this Conditional Use Permit. 11. No alcoholic beverages shall be available with take out or delivery service. 12. No alcohol shall be available without the purchase of food. 13. 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. Police 14. 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.