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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. 8
March 4, 2013
CONDITIONAL USE PERMIT FOR THE
EXPANSION OF THE EXISTING AREA APPROVED
FOR BEER AND WINE AT GOLDEN CHOPSTICKS
RESTAURANT LOCATED AT 1430 EAST PLAZA
BLVD.
2013-02 CUP
South side of Plaza Blvd and N Ave in Bay Plaza
557-322-14
Martin Reeder
Wei Bin Chen
ROIC INC.
MXD-2 (Major Mixed -Use District)
Commercial across Plaza Blvd (Plaza Square) / MXD-2
Residential/ RS-2
Commercial/ MXD-2
Commercial across N Ave / MXD-2
Categorically Exempt pursuant to Class 1, Section
15301 (Existing Facilities)
BACKGROUND
Site Characteristics
The project location is Golden Chopsticks Restaurant at 1430 E. Plaza Blvd., in the
Major Mixed -Use District (MXD-2) zone. The existing restaurant is approximately 2,633
square feet in size and is located within the Bay Plaza shopping center. The area is
mostly adjacent to other commercial uses including Plaza Village Center to the north
across Plaza, and South Bay Plaza Shopping Center to the east across N Avenue.
Single-family residential uses are located to the east in the Single -Family Residential
(RS-2) zone, atop a large embankment.
History
The Golden Chopsticks Restaurant was established in 1992. The restaurant has an
existing alcohol license for on -sale beer and wine approved with a Conditional Use
Permit in 1996 (CUP-1996-3).
Proposed Use
The applicant is proposing to expand the restaurant into an adjacent suite, adding 900
square feet of floor area. The applicant wishes to modify the existing CUP to allow beer
and wine sales in the new addition. No change to the existing sales hours is proposed.
The restaurant is open from 11:00 a.m. to 10:00 p.m. daily.
Analysis
Section 18.30.050 of the National City Land Use Code allows for on -site alcohol sales
with an approved Conditional Use Permit (CUP). The expansion of the restaurant
triggers the need for a CUP for alcohol sales in the additional area.
Community Meeting
Pursuant to Section 18.30.050 (C), a community meeting was held Monday, January
28, 2013 at 7:00 pm at the subject restaurant. A sign -in sheet, minutes, and meeting
advertisement are attached. According to the sign -in sheet, two residents were in
attendance at the meeting. The applicants made a presentation showing the new floor
plan. No objections were noted by the attendees of the community meeting.
Alcohol Sales Concentration/Location
Per California State Alcoholic Beverage Control (ABC), there are currently eleven (11)
other on -sale permits issued in this census tract (117) besides Golden Chopsticks
Restaurant. These permits are:
Name
Trophy Lounge
Royal Mandarin
Thomas H. Crosby VFW
Chuck E Cheese
Karina's
Panda Palace
Address
999 National City Blvd.
1132 E. Plaza Blvd.
14n1 Highland Ave.
1143 Highland Ave
1705 Highland Ave.
1105 E. Plaza Blvd.
License Type*
48
41
CC
41
41
41
Ginza Sushi
925 E. Plaza Blvd.
41
Lai Thai
1430 E. Plaza Blvd.
41
American Legion Post 255
35 E. 18t" St.
52
Wingstop
932 Highland Ave
41
Cafe La Maze
1441 Highland Ave.
47
* Type 41 - On -Sale Beer and Wine for Bona Fide Public Eating Place
Type 47 - On -Sale General for Bona Fide Public Eating Place
Type 48 - On -Sale General for Public Premises
Type 52 - Veterans' Club
Of the eleven other licenses, eight are restaurants. Two of the remaining licenses are
private licenses (VFW and American Foreign Legion), and the last a bar.
Census tract 117 includes the area of the City between East 8th and 18th Street, and
between National City Blvd. and Palm Avenue. The attached census tract map shows
the location of the subject tract. ABC recommends a total of eight on -sale alcohol
permits be issued in this census tract, where twelve exist.
Chapter 18.030A50 (D) requires a 660-foot distance from sensitive uses such as
schools. However, restaurants with greater than 30% of their area devoted to seating
(as applies in this case) are exempt from these distance requirements. There are no
schools or churches within 660 ft. The nearest school is National School District, a
private high school located approximately 900 ft away.
Police Department comments
Crime statistics provided by the Police Department (PD) indicate that the reporting area
(Beat 21) had a 2011 crime rate of 103%, below the 120% considered to be a high
crime area.
Consistent with recent policy, PD provided a Risk Assessment report on the property.
The assessment assigns points based on the type of business, license concentration,
and calls for service (among others) and ranks the business according to potential risk
(low, medium, or high). In this case, Golden Chopsticks received 12 points, which would
indicate a low risk. The Risk Assessment is attached.
Conditions of Approval
Standard Conditions of Approval have been included with this permit, as well as
conditions specific to on -sale alcohol sales per Council policy (alcohol incidental to
food, hours of operation, RBSS training, etc.). Fire Department comments have also
been included as conditions. in addition, all previous conditions of approval stated in
Planning Commission Resolution 16-96 would still be in effect.
Summary
Golden Chopsticks Restaurant has been in business at this location since 1992, and
serving beer and wine as an accessory service since 1996. No concerns have been noted
regarding business operations or associated crime in that timeframe. Although the
census tract in which the restaurant is located is over -concentrated with regard to on -sale
alcohol licenses, no additional licenses are being added, solely a modification to the
existing ABC license.
RECOMMENDATION
Approve 2013-02 CUP subject to the conditions listed below, based on attached findings.
ATTACHMENTS
1. Recommended Findings for Approval/Denial
2. Recommended Conditions
3. Location Map
4. Census Tract Map and Police Beat Map
5. Community Meeting Information (Advertisement, notice and sign -in sheet)
6. Fire and Police Department comments
7. Public Hearing Notice (Sent to 305 property owners and occupants)
8. Notice of Exemption
9. Site Photos
10. Planning Commission Resolution 16-96
11. Applicant's Plans (Exhibit A, case file no. 2013-02 CUP, dated 1/17/2013)
MARTIN REEDER, AICP
Assistant Planner
BRAD RAULSTON
Executive Director
RECOMMENDED FINDINGS FOR APPROVAL
2013-02 CUP, 1430 E. Plaza Blvd.
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 900 square -foot expansion of alcohol sales 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. That 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.
b. 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 FINDING FOR DENIAL
2013-02 CUP, 1430 E. Plaza Blvd.
1. That public convenience and necessity will not be served by a proposed use of
the property for the retail sales of alcoholic beverages pursuant to law.
RECOMMENDED CONDITIONS OF APPROVAL
2013-02 CUP, 1430 E. Plaza Blvd.
General
1. This Conditional Use Permit authorizes the 900 square -foot expansion of an existing
restaurant, with beer and wine sales, located at 1430 East Plaza Boulevard. Unless
specifically modified by this resolution or subsequent Codes, all previous Conditions of
Approval as stated in Planning Commission Resolution 16-96 are still in effect. Plans
submitted for permits associated with this project shalt conform with Exhibit A, case
file no. 2013-02 CUP, dated 1/1712013.
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 infomiation 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,
Chapter 9, Section 903.2.1.2.
9. An automatic sprinkler system shall be provided for group A-2 occupancies where
either the fire area has an occupant Toad of 100 or more, and/or the structure
exceeds 5,000 square feet, contains more than one fire area containing a group A-2
occupancy, and is separated into two or more buildings by fire walls of less than four
hour fire resistance rating without openings.
10.An approved and monitored fire alarm system shall be installed upon installation of
sprinkler system.
Planning
11. The sale of alcoholic beverages shall be limited to between the hours of 11:00 a.m.
and 10:00 p.m. seven days a week.
12. All sellers and servers of alcohol shall receive Responsible Beverage Service and
Sales (RBSS) training, including ail 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.
Police
16. Pemiittee 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.
106.02
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City of National City
Beat 21
Date: January 18, 2013
Dear Neighbor:
We are the owners of the "Golden Chopsticks Restaurant" @ 1430 E. Plaza Blvd. Suite
23 in National City. We have recently added 900 square feet to our restaurant and have
applied for a Conditional Use Permit to be allowed to serve beer and wine to our
customers while they dine with us. We are currently allowed to provide this service at our
existing restaurant, and it is only fair that the patrons seated in the new addition should
enjoy the same privilege. The City of National City requires that, prior to the formal
Public Hearing, a community meeting be held to discuss the community's concerns or
questions regarding this request.
This is to inform you that we will hold the required community meeting on Monday
January 28, 2013 @ 7:00 p.m. @ the restaurant @ 1430 E. Plaza Blvd. Suite 23. Please
feel free to attend and take part in the discussion of our proposed expansion. You may
contact us @ (619) 517-7341 for further details.
Yours truly,
Mr. & Mrs. Chen
Community Meting for Golden Chopsticks Restaurant,
1430 E. Plaza Blvd. #23, National City, Ca.
Start Time: 7:00 PM Monday January 28, 2013
Name
i
rq
IP
Owner Clceupan
Comments
City of National City
Fire Department
Phone (619) 336-4550
WIONAL City
Fire Department Plan Review
Date:
Project:
Reviews:
February 20, 2013
Golden Chopsticks
R. Hernandez/Fire Marshal
Listed plan corrections related to the National City Fire Department. If you have
any questions please call (619) 336-4550.
Please be advised: A fire Department permit will not be issued unless all corrections
are completed and approved.
1) Project shall be built to code
2) The National City Fire Department utilizes all current codes and ordinances. At time
of submittal, the National City Fire Department is using the 2010 edition of the
California Fire Code and the 2010 edition of NFPA
3) An automatic sprinkler system shall be provided for group A-2 occupancies where
one of the following exists:
• The fire area has an occupant load of 100 or more
• The structure exceeds 5,000 square feet, contains more than one fire area
containing a group A-2 occupancy, and is separated into two or more
buildings by fire walls of less than fore hour fire resistance rating without
openings
4) An approved and monitored fire alarm system shall be installed upon installation of
sprinkler system
Note: Approval for final sign -off shall be contingent upon final field inspection
and compliance with all applicable codes and ordinances
NATIONAL CITY POLICE DEPARTMENT
ALCOHOL BEVERAGE CONTROL
RISK ASSESSMENT
DATE: 02/11/2013
BUSINESS NAME: _Golden Chopstick;
ADDRESS: 1430 East Plaza Boulevard
OWNER NAME: CHEN, WEI BIN
OWNER ADDRESS:
DOB:
(add additional owners on page 2)
I. Type of Business
• Restaurant (1 pt)
❑ Market (2 pts)
❑ Bar/Night Club (3 pts)
II. Hours of Operation
❑ Daytime hours (1 pt)
• Close by l0pm (2 pts)
❑ Close after l0pm(3pts)
III. Entertainment
G Music (1 pt)
0 Live Music (2 pts)
0 Dancing/Live Music (3 pts)
IV. Crime Rate
❑ Low (1 pt)
o Medium (2 pts)
0 High (3 pts)
V. Alcohol Businesses per Census Tract
❑ Below (1 pt)
❑ Average (2 pts)
a Above (3 pts)
Revised: 7/11 1 of 2
National City Police Department
ABC Risk Assessment
VI. Calls for Service at Location (for previous 6 months)
❑ Below (1 pt)
• Average (2 pts)
❑ Above (3 pts)
VII. Proximity Assessment (1/4 mile radius of location)
• Mostly commercial businesses (1 pt)
❑ Some businesses, some residential (2 pts)
9 Mostly residential (3 pts)
VIII. Owner(s) records check
• No criminal incidents (1 pt)
❑ Minor criminal incidents (2 pts)
❑ Multiple/Major criminal incidents (3 pts)
OWNER NAME: CHEN, WET BIN
OWNER ADDRESS: None listed
OWNER NAME: No other listed
OWNER ADDRESS:
Low Risk ( 12pts or less)
Medium Risk (13— 18pts)
High Risk (19 — 24pts)
Total Points
DOB: None listed
DOB:
Recommendation:
This census tract is oversaturated.
License Type: 41 - ON -SALE BEER AND WINE - EATING PLACE
Completed by: Graham Yo Ser eant Badge ID: 365
2 of
I
California Department of Alcoholic
Beverage Control
License Query System ,Surnmaiy
as 6 f 2/17/2013
License .Information
License Number: 393935
!Primary Owner: GOLDEN CHOPSTICKS CHINESE RESTAURANT LLC
IABC Office of Application:,10 SAN DIEGO
!Business Name
'Doing Business As;, GOLDEN CHOPSTICKS CHINESE RESTAURANT
Business Address
JAddress:1430 E PLAZA BLVD E22-23A Census Tract: 0117.00
City: NATIONAL CITY County: SAN DIEGO
Mate: CA Zip Code: 91950
`Licensee lnformat n
[Licensee: GOLDEN CHOPSTICKS CHINESE RESTAURANT LLC
Company
Officer: CHE.N, WEI BIN (MEMBER
Stock Holder: CHEN, WEI BIN
License Types
1) License Type: 41- ON -SALE BEER AND WINE - EATING PLACE
License Type Status: ACTIVE
Status Date:.13-NOV-2002 Term:,12 Month(s)
Originai Issue Date:13-NOV-2002 Expiration Date: 30-NOV-2013
Master: Y
Duplicate: 0 Fee Code: P40
Condition: OPERATING RESTRICTIONS
License Type was Transferred On: 13-NOV-20Q2, FROM: 41-324767
k:tgrrc.nt J)iscipiinary Action
.. No Active Thscip1inaryActionjound...
disciplinary History
.No Disciplinary History found ..
.Hold !.uiot illation
It
.. No Active Holds found ..
CrOW
. No Escrow found .. .
--- EndcfReport - --
Forr a definition of codes, view our glossary.
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CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT
1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950
NOTICE OF PUBLIC HEARING
CONDITIONAL USE PERMIT FOR THE EXPANSION OF THE
EXISTING AREA APPROVED FOR BEER AND WINE SALES
AT GOLDEN CHOPSTICKS RESTAURANT LOCATED
AT 1430 EAST PLAZA BLVD.
CASE FILE NO.: 2013-02 CUP
APN: 557-322-14
The National City Planning Commission will hold a public hearing after the hour of 6:00
p.m. Monday, March 4th, 2013, in the City Council Chambers, Civic Center, 1243
National City Boulevard, National City, California, on the proposed request. (Applicant:
Wei Bin Chen)
The applicant is proposing to expand the restaurant into an adjacent suite, adding 900
square feet. The applicant wishes to expand the existing alcohol sales into the
additional area.
Information is available for review at the City's Planning Division, Civic Center.
Members of the public are invited to comment. Written comments should be received
by the Planning Division on or before 12:00 p.m., March 4th, 2013, who can be
contacted at 619-336-4310 or pianninganationalcityca.gov
If you challenge the nature of the proposed action in court, you may be limited to raising
only those issues you or someone else raised at the public hearing described in this
notice, or in written correspondence delivered to the Planning Commission at, or prior
to, the public hearing.
NATIONAL CITY PLANNING DIVISION
BRAD RAULSTON
Executive Director
CITY OF NATIONAL. CITY - DEVELOPMENT SERVICES DEPARTMENT
1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950
NOTICE OF EXEMPTION
TO: County Clerk
County of San Diego
P.O. Box 1750
1600 Pacific Highway, Room 260
San Diego, CA 92112
Project Title: 2013-03 CUP
Protect Location: 1430 East Plaza Blvd. Suite #E22/23A, National City, CA 91950
Contact Person: Martin Reeder, AICP Telephone Number: (619) 336-4313
Description of Nature, Purpose and Beneficiaries of Project:
Conditional Use Permit application for a 900 square -foot internal expansion of an
existing alcohol -licensed restaurant in an existing commercial center.
Applicant:
Wei Bin Chen
1430 East Plaza Blvd. Suite E22
National City, CA 91950
Exempt Status:
Telephone Number:
(619) 948-3137
Categorical Exemption. Class 1 Section 15301 (Existing Facilities)
Reasons why project is exempt:
The project will result in no changes to the physical environment, since the proposal
involves the expansion of an existing restaurant into actively leased commercial space.
The restaurant with accessory alcohol sales is an approved use in the respective mixed -
use zone. No external construction or additional approvals are involved.
Date:
MARTIN REEDER, AICP
Assistant Planner
2013-03 CUP — Golden Chopsticks — Site Photos
Front of existing restaurant looking southeast
ifiretyr " SIR"'
Side of existing restaurant looking southwest
Proposed expansion area to right of existing restaurant
RESOLUTION 16-96
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 WITHIN AN EXISTING RESTAURANT
AT 1430.E. PLAZA BOULEVARD, SUITE #E22/23A
APPLICANT: GOLDEN CHOPSTICKS RESTAURANT
CASE FILE NO. CUP-1996-3
WHEREAS; the Planning Commission of the City of National City considered a
Conditional Use Permit application for the sale of beer and wine within an existing restaurant at
1430 E. Plaza Boulevard, Suite #E22/23A at the regularly scheduled Planning Commission
meeting on August 5, 1996, at which time oral and documentary evidence was presented; and,
WHEREAS, at said public hearing the Planning Commission considered the staff report
contained in Case File No. CUP-1996-3, which is maintained by the City and incorporated herein
by reference; 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 August 5, 1996, support the following findings:
1. That the site for the proposed use is adequate in size and shape, since the sale of beer and
wine will take place entirely within the existing restaurant and will not increase the space
needs of the restaurant.
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
because the shopping center has frontage on Plaza Boulevard. The sale of beer and wine
is not expected to increase traffic significantly on Plaza Boulevard or within the shopping
center.
3. That the proposed use will not have an adverse effect on adjacent or abutting properties,
since conditions of approval will limit the sale of beer and wine to no later than 10:00
p.m. and the sale of beer and wine will take place entirely within the existing building
and enclosed patio area. This is expected to reduce any potentially adverse effects on
abutting properties.
1
4. That the proposed use is deemed essential and desirable to the public convenience or
welfare, since it will provide the opportunity to purchase beer and wine in conjunction
with food for the convenience and enjoyment of customers.
BE 1T FURTHER RESOLVED that the application for Conditional Use Permit is approved
subject to the following conditions:
1. The patio enclosure shall remain to prevent customers from passing alcoholic beverages
to persons outside the restaurant.
2. There shall be no sale of alcoholic beverages without the sale of food.
3. There shall be no bar or counter over which alcoholic beverages are served.
4. The sale of alcoholic beverages shall be for on -site consumption only.
5. The sale of alcoholic beverages shall be limited to the hours of 11:00 a.m. to 10:00 p.m.,
daily.
6. There shall be no live entertainment, dancing or audience participation.
7. The applicant shall satisfy all necessary requirements of the State Department of
Alcoholic Beverage Control prior to Conditional Use Permit No. 1996-3 becoming
effective.
S. 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.
9. Before this Conditional Use Permit shall become effective, the applicant shall sign and
have notarized an Acceptance Form, provided by the Planning Department,
acknowledging and accepting all conditions imposed upon 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 PIanning 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 Conditional Use Permit No. 1996-3 are binding on all
present and 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 Planning
Director prior to recordation.
2
10. The use of the property authorized by this permit shall be limited to a full -service sit
down restaurant with the incidental sale of beer and wine for on -site consumption.
11. 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.
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
setpublic hearing. the decision of the Banning Commission and
the matter for
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.
CERTIFICATION:
This certifies that the Resolution was adopted by the Planning Commission at their meeting of August
19, 1996, by the following vote:
AYES: MARTINELLI, FLORES, KNUTSON, LARGE, BACA, GODSHALR, DETZER.
NAYS:
ABSENT:
AB STAIN:
i3A IRMA,N
3