Loading...
HomeMy WebLinkAboutPC ResolutionRESOLUTION NO. 1-2012 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE EXPANSION OF AN EXISTING BEER AND WINE -LICENSED RESTAURANT AT CHUCK E. CHEESE'S LOCATED AT 1143 HIGHLAND AVENUE. CASE FILE NO. 2011-30 CUP APN: 556-590-61 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for the expansion of an existing beer and wine -licensed restaurant at Chuck E. Cheese's located at 1143 Highland Avenue at duly advertised public hearing held on January 9, 2012, 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. 2011-30 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 hearing held on January 9, 2012, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the proposed use is an existing accessory use to the restaurant use in an existing commercial area, and the 3,000 square -foot expansion of alcohol sales and gaming area into an existing commercial suite 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 Plaza Blvd. is classified as an arterial street in the Circulation Element, and the expansion into an existing commercial suite 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 is compatible with other nearby businesses; and since the proposed use is and will continue to be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available. 4. fhat the proposed use is deemed essential and desirable to the public convenience and welfare, since it will contribute to the continued viability of a restaurant, an established and allowed use in the applicable mixed -use zone. Mat 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 the 3,000 square -foot expansion of an existing restaurant, with accessory games of amusement, and skill and beer and wine sales, located at 1143 East Plaza Boulevard. Unless specifically modified by this resolution or subsequent Codes, all previous Conditions of Approval as stated in Planning Commission Resolution 38-81 are still in effect. Plans submitted for permits associated with this project shall conform with Exhibit A, case file no. 2011-30 CUP, dated 11/17/2011. 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. Fire 7. The project shall be built to code. The National City Fire Department utilizes the 2010 edition of the California Fire Code and the 2010 edition of the National Fire Protection Association Codes and Standards. 8. Occupancy for the additional area in which the expansion will be taking place shall be an A-2 occupancy, as determined by the California Fire Code, 2010 edition, C'.iapter 9, Section 903.2.1.2. 9. If a sprinkler and/or alarm system is required, plans for such systems shall be submitted directly to the National City Fire Department. 10. Signage is required for all fire alarm and fire sprinkler coverage. Please consult with the National City Fire Department for City Fire requirements. Planning 11. The sale of alcoholic beverages shall be limited to between the hours of 9:00 a.m. and 11:00 p.m. seven days a week. 12. 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. 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. 14. Alcohol shall be available only in conjunction with the purchase of food. 15. 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. 16. No bar is permitted as part of this approval. 17. No live entertainment, karaoke, or dancing is permitted as part of this approval. Police 18. 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 or; 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. TI7r.ATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of January 9, 2012, by the following vote: AYES: Farias, Baca, Pruitt, Flores NAYS: Alvarado ABSENT: DeLaPaz, Reynolds ABSTAIN: CH RMAN