HomeMy WebLinkAboutPC Resolution 5-2012RESOLUTION NO. 5-2012
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF NATIONAL CITY, CALIFORNIA,
APPROVING A CONDITIONAL USE PERMIT
FOR THE SALE OF BEER AND WINE AT A PROPOSED WINGSTOP RESTAURANT
LOCATED AT 932 HIGHLAND AVENUE.
CASE FILE NO. 2011-31 CUP
APN: 556-492-19
WHEREAS, the Planning Commission of the City of National City considered a
Conditional Use Permit for the sale of beer and wine at a proposed wingstop restaurant
located at 932 Highland Avenue at duly advertised public hearing held on February 6,
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. 2011-31 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 February 6, 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 accessory use to a proposed 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 and Plaza Blvd. are classified as arterial
streets 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 mixed -use 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 the on -sale of beer and wine within a restaurant
located at 932 Highland Ave. Consumption of alcoholic beverages shall be limited to
an area in substantial conformance with Exhibit A, case file no. 2011-31 CUP, dated
11/23/2011.
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 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 suite shall be an A-2 occupancy, as determined by the California
Fire Code, 2010 edition, Chapter 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 10:30 a.m. and
12 a.m. (midnight) 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
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.
CERTIFICATION:
This certifies that the Resolution was adopted by the Planning Commission at their
meeting of February 6, 2012, by the following vote:
AYES: DeLaPaz, Farias, Alvarado, Reynolds, Pruitt, Flores
NAYS: Baca
ABSENT:
ABSTAIN:
CHAIRMAN