HomeMy WebLinkAboutPC Staff ReportTitle:
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CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT
1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950
PLANNING COMMISSION STAFF REPORT
Item no. 3
June 17, 2013
PUBLIC HEARING TO CONSIDER REVOCATION
OF CONDITIONAL USE PERMIT 2010-33 CUP FOR
LIVE ENTERTAINMENT AT AN EXISTING
BAR/RESTAURANT LOCATED AT 105 E. 8TH
STREET.
Original Case File No.: 2010-33 CUP
Location: Southwest corner of East 8th Street and A Avenue
Assessor's Parcel No.: 556-332-20
Staff Report By: Martin Reeder, AICP ® Assistant Planner
Property owners: Adler Howard Trust 11-23-99
BACKGROUND
Previous Action
A report was given to the Planning Commission on March 4, 2013 by City staff.
The Police Department made a presentation on activities at McDini's
Bar/Restaurant within the previous months. The approval resolution ;Cat„ Council
Resolution 2012-49) for the Conditional Use Permit (2010-33 CUP) that granted
extended hours of operation and allowed live entertainment had a condition
requiring this annual review. The Commission ultimately set the item for hearing for
June-17, 2313.
History
The current property owner tocz over management of McDini's in 2008. The
business operates under a Type 47 alcohol license (On -Sale General Eating
Place). A previous Conditional Use Permit (CUP-1986-10) was approved in
October of 1986 that extended alcohol sales hours until 2 a.m. and allowed for
live entertainment three days a week (Thursday through Saturday) until midnight.
Another CUP was partially approved in 2009 (2009-10 CUP). As part of this
permit, the applicant requested to extend the live entertainment hours allowed at
that time, and to allow for a dance floor and stage to be constructed. The request
also included the conversion of a storage area in to seating area, which had been
converted without permits. The expansion/conversion also included an exception
for less than required parking. The Planning Commission approved the
requested expansion and parking exception but denied the extension of live
entertainment hours.
In 2010, a stipulated judgment was entered into between the City and McDini's,
which allowed McDini's to continue operating provided that live entertainment
was no longer conducted and that all outstanding code enforcement and building
issues were resolved. The applicant, in an effort to modify the stipulated
judgment, proposed various conditions to address underlying concerns. These
proposals resulted in additional conditions to be added to the CUP, and also to
the Stipulated Judgment. The most recent CUP, approved in 2012 (2010-33
CUP) allowed iive entertainment at McDini's Thursday through Sunday from 6 p.m.
to 2 a.m. The approval Resolution (City Council Resolution 2012-49) included the
Conditions of Approval as stated in the modified Stipulated Judgment.
New Information
The Police Department has provided an updated summary report of incidents
occurring between February 2012 and May 2013 (attached). The report alleges
many incidents that would violate the approved CUP and is recommending that
the Planning Commission revoke 20i 0-33 CUP.
Due to reported calls for service and specific incidents documented at or around
McDini's, staff issued a Notice of Violation on February 26, 2013 that required
$6,000 in fines be paid within 30 days. Specifically, Condition No. 2, section (b)
of City Council Resolution 2012-49 would apply:
2. (b). If any incidents involving calls for service involving any types
of violence occur in a 12 month period (at McDini's, the
areas adjacent to nrtcDinrs, at Big Bens or Union Bank, or
the McDini's parking lot) and the Police Department
responds then McDini's agrees to penalties, as follows:
ASt--'-••!� __.L. A•A in.non
1 IS IV�LA1i1 IL. y! I , j,jL,
ii 2 d incident: $2,00O
iii. 3rd incident: $3,000
As a courtesy to the property owners, staff granted a 30 day extension to the
date of required payment, which was April 23, 2013. No fine has yet been paid.
Furthermore, McDini's was asked to provide a statement indicating total alcohol
and food sales for the 2012 calendar to ensure compliance with CUP-1986-10,
which required that sales of alcohol be incidental to the sale of food. Information
provided by the manager indicated that alcohol sales were 50% of total sale, not
considered being incidental (typically less than food sales). However, additional
requested information required to audit this percentage has not been provided to
date (due May 18, 2013)_
Hearing
Tonight's hearing is the opportunity for the Police Department to present the facts in
support of their request for revocation of the Conditional Use Permit (CUP), as
provided by Municipal Code section 18.12.110(H). It is also the opportunity for the
CUP holder to respond to any and all allegations and also to present evidence. The
public hearing is held pursuant to and consistent with Municipal Code section
18.12.050. The Planning Commission may establish the rules governing the
conduct of its proceedings. Typically in public hearings, there is a presentation, the
applicant is present and may respond, and the public is also provided an
opportunity to comment and provide information. The formal rules of evidence do
not apply.
The Planning Commission will be acting in a quasi-judicial capacity and shall, at this
public hearing, determine whether any one of the facts, set forth in Section
18.12.110(H)(1)(a) (attached) are present. Per 18.12.110(H)(1 )b, if, as a result of
the evidence produced at such hearing, the Commission determines that any one
of such facts are present, it shall revoke the Conditional Use Permit.
Section 18.12.110(H)(1)(a) includes subsections ii and iii, which state as follows:
ii. That the conditional use permit is being exercised in a manner contrary to
any law or condition of approval imposed upon such conditional use permit; or
iii. That any use or uses pursuant to such conditional use permit is being, or
has been, exercised in a manner detrimental to public peace, health, safety, or
welfare, or in a manner to constitute a public nuisance.
These are the pertinent sections in this matter. Once all of the information has been
presented, and if the Planning Commission determines specific Conditions of
Approval have been violated, then the Commission will need to make a finding for
each individual violation, which would be reflected in a Resolution to follow.
RECOMMENDATION
1. Find that specific Conditions of Approval of City Council Resolution 2012-49
have been violated, based on attached findings, and revoke 2010-33 CUP;
or
2. Find that specific Conditions of Approval of City Council Resolution 2012-49
have not been violated, based on findings to be determined by the Planning
Commission, and file the report.
ATTACHMENTS
1. Recommended Findings for Violation
2. Police Department Memorandum, dated May 20, 2013
3. Sections 18.12.1 10(l)(l)(a) and 18.12.050 of the National City Municipal
Code
4. Location Map
5. Public Hearing Notice (Sent to 406 property owners and occupants)
6. City Council Resolution 2012-49
7. Notice of Violation, dated February 26, 2013
1,6?4,0 tAiut
MARTIN REEDER, AICP
BRAD RAULSTON
Assistant Planner Executive Director
RECOMMENDED FINDINGS FOR VIOLATION OF
CITY COUNCIL RESOLUTION 2012-49
1. Based on the fact that the National City Police Department responded to 28
incidents at McDini's Bar, 105 E. 8t.1 Street, National City, between February
22, 2012 to February 21, 2013,as further detailed in Police Department
memorandum dated May 20, 2013, which facts are incorporated into these
findings, the owner and/or operator of McDini's is in violation of Condition of
Approval number 2, section a, of City Council Resolution 2012-49.
2. Based on the fact that the National City Police Department responded to 6
incidents involving violence at McDini's Bar, 105 E. 8th Street, National City,
between May 11, 2012 to May 11, 2013, as further detailed in Police
Department memorandum dated May 20, 2013, which facts are incorporated
into these findings, the owner and/or operator of McDini's is in violation of
Condition of Approval number 2, section b, of City Council Resolution 2012-
49.
3. Based on the fact that the National City Police Department responded to 28
incidents between February 22, 2012 to February 21, 2013, and 6 incidents
involving violence between May 11, 2012 to May 11, 2013 at McDini's Bar,
105 E. 8th Street, National City, as further detailed in Police Department
memorandum dated May 20, 2013, which facts are incorporated into these
findings, the owner and/or operator of McDini's is in violation of Condition of
Approval number 2, section c, of City Council Resolution 2012-49.
4. Based on the fact that the National City Police Department observed — on
three separate occasions from February 23, 2013 to April 5, 2013 — exterior
doors left open for extended periods of time during live entertainment
activities, as further detailed in Police Department memorandum dated May
20, 2013, which facts are incorporated into these findings, the owner and/or
operator of McDini's is in violation of Condition of Approval numberl3 of City
Council Resolution 2012-49.
5. Based on the fact that the National City Police Department observed — on
four separate occasions from December 20, 2012 to March 14, 2013 — that
McDini's security officers were found not to be professional (licensed)
security guards; and that on February 15, 2013, only two licensed guards
were on duty when a minimum of three were required, as further detailed in
Police Department memorandum dated May 20, 2013, which facts are
incorporated into these findings, the owner and/or operator of McDini's is in
violation of Condition of Approval number 14 of City Council Resolution
2012-49.
6. Based on the fact that the National City Police Department responded to 17
incidents at McDini's Bar, 105 E. 8th Street, National City, between the hours
of 5:00 p.m. and 3:00 a.m. during the 2012 calendar year, an increase in
calls for service of 7b0%, as further detailed in Police Department
memorandum dated May 20, 2013, which facts are incorporated into these
findings, the owner and/or operator of McDini's is in violation of Condition of
Approval number 15 of City Council Resolution 2012-49.
7. Based on the fact that the National City Police Department observed — on
four separate occasions from February 16, 2013 to April 28, 2013 — McDini's
patrons wearing ball caps, as further detailed in Police Department
memorandum dated May 20, 2013, which facts are incorporated into these
findings, the owner and/or operator of McDini's is in violation of Condition of
Approval number 23 of City Council Resolution 2012-49.
�* CALIFORNIA •-a•
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�INCOAPOAATS�
NATIONAL CITY POLICE DEPARTMENT
MEMORANDUM
DATE: May 20, 2013
TO: Leslie Deese, City Manager
National City Planning Commission
FROM: Manuel Rodriguez, Chief of Police
SUBJECT: McDini's Bar/Restaurant Violation of City Council Resolution
No. # 2012-49
I. Summary
The National City Police Department is requesting revocation of Conditional Use
Permit (CUP) #2010-33 CUP (Resolution #No. 2012-49) issued to McDini's
Bar/Restaurant (105 E. 8th Street) by the City of National City for violations of the
terms of the permit. The City and Police Department have documented the following
violations of the CUP by McDini's:
A. Six violent acts occurred at McDini's during a 12 month period.
B. The police department has responded to 28 calls for service at McDini's
over the course of 12 months (February 22, 2012 to February 2013).
C. Calls for service have increased by more than 10% during the hours of
5:00 pm and 3:00 am.
D. Violations of the dress code and security provisions as required by the CUP.
II. Background
In 2008, the ownership of McDikti`s changed i transferred ownership to the Adler
Family Trust. This change in ownership resulted in McDini's using an excessive
amount of Police and City resources between the years 2009 and 2010.
In March of 2010, McDini's was closed by the City through a Superior Court
injunction for violation of the Conditional Use Permit (CUP) they had previously been
issued.
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12110 National City Boulevard
National City, CA 91950
(619) 336-4512/Fux (619) 336-4525
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In 2012, in a show of good faith, the City negotiated the re -Opening of McDini's with
the Adler Family Trust under Resolution No. 2012-49 (2010-33 CUP). The opening
of McDini's was contingent upon the Adler Family Trust adhering to the terms and
conditions outlined in the Resolution for live entertainment at the establishment. The
City and the Adler Family Trust agreed to the terms and conditions of the Resolution
un February 21, 2012.
According to the Resolution, police activity at McDini's would be evaluated after 12
consecutive months from the date it was adopted. The evaluation would look at any
increase in police responses to incidents originating from McDini's; data in this report
for 2011 is included for comparison purposes. The Police Department was assigned
the responsibility for evaluating compliance with the terms of the CUP.
A review of the records show McDini's has been and is currently in violation of
several terms and conditions of the CUP; Specifically, Pages 2 & 3, condition 2
(sections "a" and "c") and Pages 4 & 5, conditions 13, 15, 22, and 23. The listed
sections pertain to police response activity, security, and dress code violations.
Based on the violations listed, the National City Police Department recommends
revocation of (2010-33 CUP) by the City of National City.
III. Findings
The following police findings show McDini's is in violation of Resolution No. 2012-49
as it pertains to the associated terms and conditions:
A. Condition 2, Section "a."
i. This section states that if after 12 consecutive months there are no
incidents. The parties agree to meet to discuss whether the
stipulated judgment should remain in place.
ii. Result: From February 22, 2012 to February 21, 2013, the
National City Police Department responded to 28 incidents at
McDini's Bar, 105 E. 8th Street, National City.
B. Condition 2, Section "b."
This section states that if any incidents involving calls for service
involving any types of violence occur in a 12 month period at
IvicDini's, the areas adjacent to McDini's, at Big Bens or !Union Bank,
or the McDini's parking lot, and the Police Department responds,
1200 National City Boulevard
National City, CA 91950
(619) 336-4512/Fax (619) 336-4525
'*- CALIFORNIA
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then McDini's agrees to the following penalties:
1, 1st incident: $1000.00
ii. 2nd incident: $2000.00
iil. 3rd incident: $3000.00
F. Result: From May 11, 2012 to May 11, 2013 (12 month period),
the NCPD responded to six (6) incidents involving violence. Ail
four of these incidents occurred at McDini's:
1. Incident #1 was a felony battery that occurred on October 20,
2012 (NCPD Case #1206322).
2. Incident #2 was an assault with a deadly weapon that occurred
on December 21, 2012 (NCPD Case #1207728).
3. Incident #3 was a felony battery that occurred on January 21,
2013 (NCPD Case#1300451).
4_ Incident #4 was a felony battery that occurred on March 14,
2013 (NCPD Case #1301677).
5. Incident #5 was an assault with a deadly weapon that occurred
on March 20, 2013 (NCPD Case #1301798).
6. Incident #6 was a battery that occurred on May 11, 2013
(NCPD Case #1302901).
C. Condition 2, Section "c."
This section states that if four (4) incidents occur within a 12
month period, then ail live entertainment immediately ceases and
is suspended for 12 months.
ii. Result: As previously mentioned, the NCPD responded to 28
incidents over the course of 12 months (February 22, 2012 to
February 21, 2013). These responses generated six (6) crime
cases and two (2) arrests. Also, as previously mentioned, the
NCPD responded to six (6) incidents involving violence from May
11, 2012 to May 11, 2013 (12 month period).
1200 National City Boulevard
National City, CA 91950
(619) 336-45.12/ acr (619) 336-4525
CALIFORMA
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So far, from January 1, 2013 through May 11, 2013, the NCPD
responded to fifteen (15) incidents at McDini's Bar,
D. Condition 15
This paragraph outlines how the CUP is subject to revocation if live
entertainment re;,ult;, in a ten percent. (10%) increase in police
services during the hours of 5:00 pm to 3:00 am.
Result: In 2011, NCPD responded to two (2) incidents between
the hours of 5:00 pm and 3:00 am. In 2012, NCPD responded to
seventeen (17) incidents during the same time frame. This is an
increase of 750%.
From January 1, 2013 through May 11, 2013, the NCPD has
already responded to twelve (12) incidents related to MCDinf's
between the hours of 5:00 pm and 3:00 am. Based on the current
response to calls, it is estimated the NCPD will respond to over
thirty-one (31) incidents between 5:00 pm and 3:00 am in 2013.
IV. Police Activity
Crime Cases/Arrest Reports - The following table lists crime cases and arrest reports
for 2012 and January through May 11, 2013. The information is comprised of police
activity that has been conducted at McDini's Bar located at 105 E. 8th Street,
National City, CA. Police activity includes calls for service, crime cases, arrests, and
field interviews.
Crime Case
Incident Date
Case Number
UCR Category
Violation
Violation Description
Sep 11, 2012, 12:00 am
1205495
Larceny >= $400
488 PC
Petty Theft
Oct 20, 2012, 1:30 am
1206322
Aggravated Assault
243(d) PC
Battery w? Serious Bodily Injury
Dec 21, 2012, 2:00 am
1207728
Aggravated Assault
245A1 PC
Assault w/deadly weapon Other than
firearm or GBI Force
Dec 27, 2012, 12:37 am
1207870
Part II Crime
961000ZZ
Miscellaneous incident
Dec 31, 2012, 9:34 pm
1207929
Part II Crime
981153ZZ
Miscellaneous Report —153
Jan 21, 2013, 12:00 am
1300451
Aggravated Assault
243(d} PC
Battery with Serious Bodily Injury
iviar ail, 2013, 3:15 am
1201553
Part II Crime
Misc
Underage Drinking
Mar 14, 2013, 9:27 pm
1301677
Aggravated Assault
243(dI PC
Battery wJ Serious Injury
Mar 20, 2013, 9:41 pm
1301798
Aggravated Assault
254A1 PC
Assault wJ Deadly weapon other than
firearm
Apr 20, 2013, 12:58 pm
1302453
Part II Crime
981000ZZ
Miscellaneous incident
May 11, 2013, 1:44 am
1302901
XXX
242 PC
Battery
4
1200 National City Boulevard
National City, CA 91950
(619) 336-4512/Fax (619) 3364525
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Arrests
incident Date
Case Number _
UCR Category
Violation
Violation Description
Dec 21, 2012, 2:47 am
1207728
Part 11 Crime
674(i) PC
Disorderly Conduct: Alcohol
Dec 28, 2012, 1:42 am
1207870
Part II Crime
12403.7(a) PC
Illegal Possess Tear Gas/Etc
Apr 14, 2013, 9:A0 pm
1302311
Part II Crime
674(f) PC
Disorderly Conduct: Alcohol
Field interviews
incident Date
incident
Number
UCR Category
Violation
Violation Description
Jan 13, 2012, 8:20 pm
1522889 _
Part II Crime
11550(a) HS
Use/underinfluence of controlled substance
',, 13,2012, 8:20 pm
.IGI I
1522890
Fait ii Crime
11550(a) HS
Use/under influence of coniroiied substance
Dec 21, 2012, 2:47 am
1773874
Part it Crime
Gangs ZZ
Gang Related Offense
Mar 10, 2013, 3:14 am
1768046
Part It Crime
647(a) PC
Disorderly Conduct/Solicit Lewd Act
Mar 16, 2013, 11:40 am
1784204
Part II Crime
647(f) PC
Felony Prostitution
The following information is comprised of additional police activity that has been
conducted at businesses and parking lots immediately surrounding McDini's Bar
located at 105 E S'" Street, National City, CA, This report will only include crime
cases and arrests.
Crime Case
Incident Date
incident
Number
Violiation
Violation Description
Full Location
Nov 8, 2012, 10:50 pm
1206776
460(b) PC
Vehicle Burglary
100 E 07a` Street, National City, CA
Dec 20, 2012, 5:00 pm
1207732
594(b)(1) PC
Vandalism ($400+)
130 E 08t" Street, National City, CA
Dec 20, 2012, 6:00 pm
1300346 '
594(b)(1) PC
_ Vandalism ($400+)
117 E 08th Street, National City, CA
Arrests
Incident Date
Incident
Number
Violation
Violation Description
Full Location
Feb 22, 2012, 1:17 pm
1201123
978.5 PC
Warrant
108 E 08th Street, National City, CA
Feb 25, 2012, 8:46 am
1201193f)
47(., PCDisorderly1_:
D�.n.rcf �r Conduct: Air^hCJ
r
?� ,r. Ave, National sty, CA
Mar 27, 2012, 8:41 am
1201879
647(f) PC
Disorderly Conduct: Alcohol
300 A Ave, National City, CA
Apr 4, 2012, 10:40 pm
1202077
647(0 PC
Disorderly Conduct: Alcohol
700 A Ave, National City, CA
ji.ii 1, 2012, 12:011 eui,
1203883
647;f) PC
Disorderly Conduct: Alcohol
Nu E 08thStreet, National City, CA
Jul 8, 2012, 1:33 prn
1204047
647(f) PC
Disorderly Conduct: Alcohol
100 E 08al Street, National City, CA
Oct 28, 2012, 2:26 am
1206428
23152aCVC
DUI alcohol and/cr drugs
1C0 E 08th Street, National City, CA
Oct 28, 2012,11:43 pm
1206502
11550a HS
Use/Under influence of
contro!Jed substance
700 A Ave, National City, CA
5
1200 National City Boulevard
National City, CA 97950
(619) 336-4512/Fax (619) 336-4525
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Considerations
a. The crime cases and arrests listed in this report do not include all
police activity that occurred in the surrounding area around
McDini's Bar. Ali crime casesfarrests were reviewed. The incidents
that excluded any possible involvement with McDini's Bar were
removed.
b. Incident #1203883; the arrestee admiffed to drinking at McDir:€'s
Bar.
B. Calls for Service (CFS) — CFS are broken down by year and then
categorized by Nature of Problem. Only Priority 1-4 calls are included in
this report. Priority 5 calls were excluded because they are 'self -Initiated'
by patrol officers.
2011
Natty 1 - 4
Nature c: Problem
Total
415 lkinerriii in €iAlic
2
415 lirkse
1
488R Petty Tod Reba ►
1
64 i F ink in Pub%
1
Total
5
2012
Prloritsr 1 - 4
.hallos of Problem
Total
26082 'A 8, ROI tsan-lr.j
i
242 Battery
2
245 Assault i Dear y 'Weapon
2
314 Indecer•�t Exgievri
1
416 'Orin in Foray:
2
1��m
416 {v1usic
3
416 Weiss
1
416Othes
1
:15 Refusiq to Lem
2
415 ;ems'b' t
415 Vey l
2
461.f Bi -lary Veicie
1
484R Pros'?. e et' r +:c Card
1
488 Pntt % 7rAit.
1
532ZR i, entresrYu4ia N'iisc"_if:'e
uy47F. Dn.m � P `1c
1
�J
Ghee€ fins elfafe eat
1
Total l
28
1200 National City Boulevard
National City, CA 91950
(619) 336-4512/Fax (619) 336-4525
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2013- January through May .l,lth
Priority 1 - 4
Nature of Problem
Total
242 Battery
2
245R Assault w/ Deadly Wpn
1
911 Oisconn/243(d) Fel. Battery
1
417 Disp weapon (Union Bank}
1
415 Music
2
415 Group
415 Fight (Union Bank lot)
1
415 Subject
647(f) Drunk in Public Subject
1
Check the Welfare
1
U"ec; Ole Welfare Urgent
1
Total
15
V. Miscellaneous CUP violations
The Resolution No, 2012-49 also contains the following provisions:
1. The doors shall remain closed during any and all live entertainment
events - the following are instances of violations:
On February 23, 2013, at about 0010 hours, a NCPD officer
observed the south door Ieft open for an extended period of time
while loud music was playing inside the bar.
On March 14, 2013, at about 2345 hours, a NCPD officer observed
the north and south doors Ieft open for an extended period of time
while a DJ was playing music.
On April 5, 2013, at about 2205 hours, a NCPD officer observed
the south door Ieft open for an extended period of time while loud
music was playing inside the bar.
2. A uniformed professional guard service shall be hired and on the
premises between the hours of 6:00 pm and 2:00 erre on all nights Bye
entertainment in provided. The guard service shall patrol the outside of
the premises as well as the inside, and shall prevent any loitering and/or
errdesirebie activity in the parking lot. in addition, a minimum of three
guards per live entertainment event shall be present as follows: The
guards/security must be licensed and certified. One armed guard (off duty
police officer or equivalent) and two other guards for the exter;or and one
staff person for the purposes of security shall be present inside.
1200 National City Boulevard
National City, CA 91950
(619) 336-4512/Fax (619) 336-4525
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3. There will be a security guard present at each point of entry/exit to the
premises - the following are instances of violations of Conditions No. #2
and #3:
On December 20, 2012, at about 0203 hours, NCPD officers
responded to an assault with a deadly weapon call at the bar.
The twr security g mrdn working at the bar at the time did not
possess State of CA "guard cards." One security card showed "no
guard card issued" through the California State Bureau of Security
and Investigative Services (BSIS) website. The other security
guard's card was "cancelled' in 2009 per the BSIS website.
• On December 28, 2012, at about 0142 hours, NCPD officers
responded to an incident at the bar in which a security guard
employed by the bar pepper sprayed a patron outside the bar. It
was determined the security guard did not possess a State of CA
"guard card." In fact, the security guard was a felon and was
arrested for being a felon in possession of tear gas (a felony).
• On February 14, 2013, at about 2355 hours, a NCPD officer found
only one uniformed security guard working at the bar while a DJ
was playing music inside. The guard did not have a State of CA
issued "guard card." The guard stated he worked for and was paid
directly by the owner of the bar.
• On February 15, 2013, at about 2355 hours, a NCPD officer found
only two uniformed security guards working at the bar while a DJ
was playing music inside. The two guards possessed valid State
of CA "`guard cards." The guards stated they worked for and were
paid directly by the owner of the bar.
• On March 14, 2013, at about 2345 hours, NCPD officers
responded to a 911 hang up call at the bar. Officers arrived and
determined the foie security guard o� i duty was the victim of a
felony battery. Officers also spoke with the employee who tried to
call 911. The employee said the management told her not to call
911 and to hang up the phone. The security guard (victim) did not
have a valid State of rrA 'guard card." In fact, the cecurity guardhad an active felony warrant.
1200 National City Boulevard
National City, CA 91950
(619) 336-4512/Fax (619) 336-4525
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• On March 16, 2013, at about 2310 hours, NCPD officers contacted
two security guards at the bar, One of the guards did not have a
State of CA "guard card." The other guard's "guard card" was
"cancelled" per the BSIS website.
4. A dress code shall be observed for live entertainment events as follows:
• No bail caps.
No gang colors or attire.
• No persons appearing intoxicated, inebriated, or appearing under
the influence.
No weapons.
the following are instances of violations:
i. On Saturday, February 16, 2013, at about 2307 hours, an NCPD
officer saw three males wearing baseball caps being allowed into the
bar while a DJ was playing music. The officer contacted Charleton
Adler outside the bar. Mr. C. Adler tried to explain to the officer that a
baseball cap was not considered a "ball cap" as outlined in the dress
code provision of Resolution No. 2012-49.
ii. On Saturday, February 23, 2013, between 2355 to 0145 hours, NCPD
officers saw numerous males enter the bar wearing motorcycle club
"colors" (motorcycle vests with logos) and baseball hats.
iii. On Sunday, March 31, 2013, at about 0055 hours, NCPD officers saw
a male enter the bar wearing a baseball cap while a DJ was playing
music.
iv. On Sunday, April 28, 2013, at about 0139 hours, an NCPD officer saw
subjects exit the bar wearing baseball caps.
VI. Recommendation
As discussed, the findings show that in 2011, NCPD responded to two (2) incidents
between the hours of 5:00 pm and 3:00 am. In 2012, NCPD responded to seventeen
(17) incidents during the same time frame, a 750% increase. From January through
May 11, 2013, NCPD responded to twelve (12) incidents. This represents a 600%
increase over all of 2011.
Both the City and the Police Department have assisted the Adler Family Trust (when
contacted) to abide by and conform to the terms and conditions set forth by past
9
1200 National City Boulevard
National Cio, CA 91950
(619) 336-4512/Fax (619) 336-4525
1-° CALIFORNIA -
NATIONALCM
aoov
mcoRpQRiffsz
Condition Use Permits as well as the existing Resolution No. 2012-49. The
establishment continues violate the terms and conditions of the resolution. McDini's bar
and Restaurant continues to be a public safety concern due to the number of police calls
associated with its operations. McDini's has had a negative impact on the quality of life
to the residents who live in the area.
A review of the data by the Crime Analysis Unit has determined the reinstatement of live
entertainment has resulted in or significantly contributed to much more than a 10%
increase for police services during the hours of 5:00 pm to 3:00 am.
The National City Police Department recommends the City of National City revoke
McDini's Conditional Use Permit (CUP# 2010-33) per Resolution No. 2012-49 due to the
numerous violations of the Resolution discussed in this report and the negative impact
to the residents of National City.
MANUEL RODRIGUEZ
10
1208 National City Boulevard
National City, CA 91950
(619) 336-4512/Fax (619) 3364525
18.12.110 - Conditional use permits.
H. Revocation.
1. Conditional use permits may be subject to revocation in the time and
manner as set forth in this section. Whenever the city manager or
his/her designee finds that any of the following facts exist, with
reference to a conditional use permit, he/she may recommend to the
planning commission or city council, whichever body granted the
permit, that the conditional use permit be revoked:
a. That the condit!cna! Vb,++-irv,•4 by frai ; or
i. That the use authorized by such conditional use perrnit
has ceased, or has been suspended, for any reason, for
a period of six months or more; or
ii. That the conditional use permit is being exercised in a
manner contrary to any law or conditions of approval
imposed upon such conditional use permit; or
iii. That any use or uses pursuant to such conditional use
permit is being, or has been, exercised in a manner
detrimental to public peace, health, safety, or welfare, or
in a manner to constitute a public nuisance.
b. Upon receipt of such recommendation, the granting body shall
expeditiously set and conduct a public hearing upon such matter
after having given notice in the manner set forth in Section
18.12.050. At the time and place of such hearing, the body
conducting such hearing shall determine whether any one of the
facts, set forth in Section 18.12.110(H)(1)a are present. If, as a
result of the evidence produced at such hearing, the body
conducting the hearing determines that any one of such facts
are present, it shall revoke the conditional use permit.
c. If the revocation proceeding is conducted before the planning
commission, the decision of the commission shall be subject to
an appeal to the city council in the time and manner as set forth
in Section 18.12.050. In the absence of such appeal from a
commission decision, its decision shall be final and conclusive.
The action of the city council, either upon an appeal or as a
conducting body, shall be final and conclusive for aii purposes.
18.12.050 - Noticing and public hearings.
A. Public Hearing Defined. A public hearing is a noticed public session to receive
original evidence or testimony on applications regulated by this title. These
are held by the planning commission and city council.
B. Scheduling. For all proposals to be heard by the planning commission, the
city manager or his/her designee shall set the date for public hearing and give
the required notice. For all appeals of planning commission decisions and all
other matters requiring public hearings by the city council, the city clerk shall
.set datesforpublic hearing's and give required notices. The dale of I.
hearings shall be not less than ten days nor more than forty-five days from
the time of the filing of such verified application or the adoption of a resolution
or the making of a motion to set the public hearing.
C. Notice —Generally. Notice of time and place of public hearings shall be given
in the following manner:
1. A notice of any public hearing upon a proposed amendment to this
title, or to the zoning reap, shall be given by at least one publication in
a newspaper of general circulation in the city not less than ten days
before the date of the public hearing.
2. Notice of public hearing to consider a variance, conditional use permit,
planned development permit, or reclassification of any property shall
be given by mailing a written notice not less than ten days prior to the
date of such hearing to the applicant, and to owners of property within
a radius of three hundred feet of the exterior boundaries of the property
to be changed, using for this purpose the name and address of such
owners and properties, as shown on the latest adopted San Diego
County tax roil, and other persons on request.
3- in the event that the number of owners to whom notice may be sent
pursuant to this section is greater than one thousand, notice may be
given at least ten days prior to the hearing by either of the following
procedures:
a. By placing a display advertisement of at least one-fourth page in a
newspaper having general circulation within the area affected by
the proposed ordinance or amendment; or
b. By placing an insert with any generalized mailing sent by the city to
property owners in the area affected by the proposed ordinance or
amendment, such as billings for city services.
D. Notice —Additional Requirement for Conditional Use Permits for the Sale of
Alcoholic Beverages. In addition to notice required pursuant to this section,
written notice for a public hearing on a conditional use permit for the sale of
alcoholic beverages shall be provided as specified in Section 18.30.050 of
this title.
E. Notice —Required Wording. Such public notice of hearings on zone
reclassifications, amendments, variances, planned development permits, or
conditional use permits shall consist of the words 'Notice of Proposed
Change of Zone Boundaries or Classification" or "Notice of Proposed
Variance," "Notice of Proposed Planned Development Permit," or "Notice of
P roposea conditional use permit," as the case may be, setting forth the
description of the property under consideration, the nature of the proposed
change or use, and the time and place at which the public hearing, or
hearings, on the matter will be held.
F. Hearing Rules. The planning commission may establish rules governing the
conduct of its proceedings.
G. Continuation of Hearing. lf, for any reason, testimony on any case set for
public hearing cannot bo completed on the date set for such hearing, the
person presiding at such public hearing may, before adjournment or recess
thereof, publicly announce the time and place at which the hearing will be
continued, and no further notice is required.
Testimony. A summary of all pertinent testimony offered at public hearings
held in connection with an application filed pursuant to this title and the
names of persons testifying shall be recorded and made a part of the
permanent files of the case.
!. Planning Commission Recommendation.
1. For applications requiring a final decision by the city council, the
planning commission shall first hold a public hearing on the matter. For
such hearing, the commission shall recommend to the city council
approval or denial of the request, including the reasons for the
recommendation.
2. Upon receipt of the recommendation from the planning commission,
the city council shall hold a public hearing.
3. The city council may approve, modify, or disapprove of the
recommendation of the planning commission; provided that any
modification of the proposed amendment by the city council not
previously considered by the planning commission during its hearing
shall first be referred to the planning commission for report and
recommendation, but the planning commission shall not be required to
hold a public hearing thereon. Failure of the planning commission to
report within forty days after the reference shall be deemed to be
approval of the proposed modification.
J. Hearing Body Decision. The hearing body responsible for making a final
determination on a matter pursuant to Section 18.12.020, be it the planning
K.
L.
M.
commission or city council, shall announce its findings by formal resolution,
and said resolution shall recite, among other things, the facts and reasons
which, in the opinion of the hearing body, make the granting or denial of the
permit or action necessary to carry out the provisions and general purpose of
this title, and shall order that the permit or other action be granted, denied, or
modified subject to such conditions or limitations that it may impose.
Notice of Decision. Not later than seven days following the adoption of a
resolution ordering that a permit or other action be granted or denied, a copy
of said resolution shall be mailed to the applicant and to any other parties
requesting notice of the action. The resolution shall also be filed with the city
clerk.
Effective Date of Decision.
1. The decision of the planning commission shall become effective and
final thirty days following the adoption of the resolution, unless, within
such period of time, the applicant or other interested party files a
written letter of appeal. Within such thirty days, the planning
commission resolution shall be transmitted to the city council who may
set the matter for a public hearing.
2. If the appeal period is waived in accordance with Section
18.12,060(D), then the decision of the planning commission shall
become effective and final immediately upon adoption of the
resolution.
3. The decision of the city council shall become effective and final
immediately upon adoption of the resolution.
Refiling Procedure. Where an application has been denied by a hearing body
and that action has become final, no new application for substantially the
same request shall be accepted for a period of one year after the effective
date of the denial, unless that hearing body specifies in its decision that the
denial is without prejudice.
CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT
1243 NATIONAL CJTY BLVD., NATIONAL CJTY, CA 91950
NOTICE OF PUBLIC HEARING
REVOCATION HEARING FOR CONDITIONAL USE PERMIT 2010-33 CUP
FOR LIVE ENTERTAINMENT AT AN EXISTING BAR/RESTAURANT
LOCATED AT 105 E. 8111 STREET.
CASE FILE NO.: 2013-11 R
APN: 556-332-20
The National City Planning Commission wiii hoid a pubiic hearing after the hour of 6:00 p.m.
Monday, June 17, 2013, in the City Council Chambers, Civic Center, 1243 National City
Boulevard, National City, California, on the proposed request. (Applicant: National City Police
Department)
The business located at 105 East 8th Street (McDini's) was approved for a Conditional Use
Permit (2011-33 CUP) to construct a 6-foot by 20-foot stage, with a 9-foot by 20-foot dance
area, and offer live entertainment and dancing from 6 p.m. to 1 a.m. Thursday through Sunday
in association with the existing bar/restaurant. Since approval of the CUP on February 21,
2012, the Police Department has alleged ongoing violations of Conditions of Approval
contained in City Council Resolution 2012-49, which approved the CUP. The Planning
Commission will determine whether any one of the facts, set forth in Section 18.12.110(H)(1)(a)
are present. if, as a result of the evidence produced at said hearing, the Commission determines
that any one of such facts are present, it shall revoke the Conditional Use Permit,
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., June 17, 2013, who can be contacted at 619-336-4310 or
pia n ni nq (national cityca. cov
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
D RAULSTON
Executive Director
RESOLUTION NO. 2012 —49
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
APPROVING A CONDITIONAL USE PERMIT FOR LIVE ENTERTAINMENT
AT MCDINI'S BAR/RESTAURANT LOCATED AT 105 EAST 8TH STREET
WITH A ZONE VARIANCE FOR LESS THAN REQUIRED PARKING
WHEREAS, the Planning Commission considered a Conditional Use Permit for
Live Entertainment at McDini's Bar/Restaurant, located at 105 East 8th Street with a Zone
Variance for less than required parking at a duly advertised public hearings held on November 7
and December 5, 2011, 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. 2010-33 CUP, maintained by the City and incorporated herein
by reference, along with evidence and testimony from said hearing; and
WHEREAS, the Planning Commission voted to approve the Conditional Use
Permit for Live Entertainment at McDini's Bar/Restaurant located at 105 East 8th Street with a
Zone Variance for less than required parking by a unanimous vote in favor of approval; and
WHEREAS, a Notice of Determination was before the City Council on January
10, 2012, and a public hearing was set for February 7, 2012, and continued to February 21,
2012; and
WHEREAS, the City Council considered a Conditional Use Permit for Live
Entertainment at McDin!'s Bar/Restaurant, located at 105 East 8th Street, with a Zone Variance for
less than required parting at duly advertised public hearings held on February 7. and 21, 2012,
at which time oral and documentary evidence was presented; and
WHEREAS, at said public hearing, the City Council considered the staff report
contained in Case File No. 2010-33 CUP, maintained by the City and incorporated herein by
reference along with evidence and testimony from said hearing; and
WHEREAS, this action is taken pursuant to all applicable procedures required by
state and City laws; 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 7 and 21, 2012, support the following findings:
RECOMMENDED FINDINGS FOR APPROVAL
OF THE CONDITIONAL USE PERMIT
That the site for the proposed use is adequate in size and shape, since the addition of 835
square feet would be inside the existing building envelope and the extension of live
entertainment hours and the addition of dancing would occur inside the existing building.
Resolution No. 2012 49
February 21, 2012
Page Two
2. That tide 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 the subsequent 84 additional average daily trips can easily be accommodated
by 8th Street, an arterial street.
3. That the proposed use will not have an adverse effect upon adjacent or abutliing properties,
since the live entertainment and dancing activities would occur inside an existing building
previously devoted to similar uses. Also, conditions of approval controlling said activities on
site will reduce any potential for adverse effects.
RECOMMENDED FINDINGS FOR APPROVAL
OF THE ZONE VARIANCE
1. Because of special circumstances applicable to the property, including size and
surroundings, the strict application of Title 18 of the Municipal Code (Zoning) deprives such
property of privileges enjoyed by other properties in the vicinity and under the identical zone
classification, since the property is completely developed and cannot be modified to
construct additional parking, and since the building is not being expanded beyond the
existing envelope within which the expansion is proposed.
2. The requested Variance is subject to such conditions that will assure that the authorized
adjustment will not constitute a grant of special privileges inconsistent with the limitations
upon other properties in the vicinity and zone in which such property is situated, since there
are multiple businesses in the Downtown Specific Plan Area that have Tess than required
parking or no parking in some cases, and since the majority of area businesses are
closed in the evenings when the majority of the subject property's patrons are in
attendance, thus making nearby street parking spaces available.
3. The Variance does not authorize a use or activity which is not otherwise expressly
authorized by the zoning regulations governing the parcel of property, since the existing
barlrestaurent use is permitted in Downtown Specific Plan Development Zone 9.
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 an approximately 835 square -foot interior
addition, five entertainment, and dancing from 6 p.m. to 1 a.m., Thursday through
Sunday, and the construction of a 6-foot by 20-foot stage, with a 9-foot by 20-foot dance
area for the live entertainment. Except as required by conditions of approval, ail plans
submitted for permits associated with the project shall conform to Exhibit A, Case File
No. 2010-33 CUP, dated September 1, 2011.
2. No live entertainment, dancing, or construction of any stage or dancing area may
commence until the stipulated judgment has been rescinded or modified appropriately so
as to allow for such activities. In the event that the stipulated judgment is modified to
allow for live entertainment, the following conditions shall apply.
Resolution No. 2012 — 49
February 21, 2012
Page Three
If after 12 consecutive months there are no incidents, the parties agree to meet
to discuss whether the stipulated judgment should remain in place.
b. If any incidents involving calls for service involving any types of violence occur in
a 12 month period at McDini's, the areas adjacent to McDini's, at Big Bens or
Union Bank, or the McDlni's parking lot, and the Police Department responds,
then McDini's agrees to penalties, as follows:
i. 1st incident: $1,000
ii. 2"d incident $2,000
3'd incident: $3,000
If an incident occurs that requires mons law enforcement resources, the cost of
which exceeds the penalty, McDini's agrees to reimburse for the additional costs.
c. If four incidents occur within a 12 month penod, then all live entertainment
immediately ceases and is suspended for 12 months. This condition is separate
and additional to condition number 15 allowing for a revocation if there is a 10%
increase in calls for service between the hours of 5:00 p.m. and 3:00 a.m.
i. Applicant waives any right to an appeal for the imposition of a one year
suspension of operations based upon four incidents occurring during a 12
month period.
3. 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 Fling fees to the San Diego County Clerk. Checks shall be made payable to
the County Clerk and submitted to the National City Planning Department.
4. 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.
5. 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.
6. Before this Conditional Use Permit shall become ef€ecFve, the applicant and the property
owner both shall sign and have notarized an Acceptance Form, provided by the Planning
Department, 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 Planning Division 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
Resolution No. 2012 — 49
February 21, 2012
Page Four
future interest holders or estate holders of the property. The Nutice of Restriction shall be
approved as to form by the City Attorney, and signed by the City Manager, or designee,
prior to recordation.
7. If approved, this Conditional Use Permit shall be subject to a six-month review in order to
guarantee compliance with Conditions of Approval, and to ensure no significant impacts to
area residents or uses have occurred. The CUP shaii be reviewed every six months after
approval for minimum of two years.
8. This Conditional Use Permit may be revoked if the operator is found to be in violation of
Conditions of Approval.
BUILDING
9. Plans submitted for construction shall comply with the 2010 editions of the California
Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential, and Green Codes.
FI RE
10. Plans submitted for oonstruc lion shall comply with the 2010 edition of the California Fire
Code and the 2010 edition of National Fire Protection Agency ("NFPA").
. PLANNING
11. Live entertainment shall be limited to between the hours of 6 p.m. to 1 a.m., Thursday
through Sunday.
12. All operations and activities, including live entertainment, shall comply with Title 12 (Noise
Control) of the National ;sty Municipal Code.
13. Ali doors shall remain dosed during any and all live entertainment events.
14. A uniformed professional guard service shall be hired and on the premises between the
hours of 6:00 p.m. and 2:00 a.m., on all nights five entertainment is provided. The guard
service shall patrol the outside of the premises as wet€ as the inside, and shall prevent
any loitering and/or undesirable activity in the parking lot. •
15. The Conditional Use Permit shall be subject to revocation by the Planning Commission if
the Chief of Police determines that the reinstatement of live entertainment has resulted
in or significantly contributed to a ten percent (10%) increase in the demand for police
services during the hours of 5:00 p.m. to 3:CO a.m. The demand for police services and
police enforcement activities in this immediate area will be reviewed quarterly.
a. An appeal may be heard before an independent arbitrator jointly selected, if the
parties agree. Applicant bears ire costs of any arbitration proceeding.
Resolution No. 2012 49
February 21, 2012
Page Four
b. if the ruling is against Applicant, a letter shall be sent to the Department of
Alcoholic Beverage Control ("ABC") requesting modification of the ABC liquor
license to exclude live entertainment.
16. The Conditional Use Permit shall be subject to review by the Planning Commission one
year from the date of the Resolution approving said permit
17. The premises and parking lot shall be maintained and adequate lighting provided at the
entrances, exits, and the parking lot during hours of operation. The parking lot lighting shall
be shielded and shall not overflow to adjacent properties. Graffiti shall be removed within
72 hours.
18. Signs shall be posted at each entrance to the applicant's premises prohibiting loitering on
or in front of the premises.
19. 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:
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.
20. A video surveillance system shall be installed to monitor activity throughout the project site.
Details for the system shall be shown on building permit (tenant improvement) plans and
shall be reviewed by and be acceptable to the Police Department.
21. The property shall have a dumpster on site, which shall have a locking cover and gate.
Details for the dumpster shall be shown on building plans.
22. A minimum of three guards per live entertainment event shall be present as follows: The
guardstsecurity must be licensed and certified. One armed guard (off duty polite officer
or equivalent) and two other guards for the exterior, and one staff person for the
purposes of security shall be present inside. There will be a security guard present at
each point of entry/exit to the premises.
23. A dress code shall be observed for live entertainment events as follows:
a. No ball caps.
n. No gang colors or attire.
c. No persons appearing intoxicated, inebriated, or appearing under the influence.
d. No weapons.
Resolution No. 2012 — 49
Febnuary 21, 2012
Page Five
POLICE
24. Permittee shah comply with all regulatory provisions of the Business and Professions
Code that pertain to the sale, display and marketing or merchandising of alcoholic
beverages or to live entertainment.
BE IT FURTHER RESOLVED that copies of his Resolution shoat be transmitted
forthwith to the applicant.
FURTHER RESOLVED that this Resolution sham become effective and final on
the day following the City Council meting 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.
AT1ES
Mid
A
PASSED and ADOPTED this 21 st day of Februa012.
ael R. Dana; City Clerk
OVED AS TO FORM:
a Silva
City Attorney
Qbn Morrison, Mayor
Passed and adopted by the Council of the City of National City, California, on February
21, 2012 by the following vote, to-wd:
Ayes: Councilmembers Morrison, Natiuidad, Rios, Sotefo-his, Zarate.
Nays: None.
Absent None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
BY
Mayor of the City of National City, California
Itr9IC-IAEL R. DALLA
Cry Clerk of the City of National City, California
XEREirf CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2012-49 of the City of National City, California, passed and adopted
by the Council of said City on February 21, 2012.
/4)..th
City Clerk of the City Of National City, CaltOrnia
BY
CITY OF NATIONAL CITY _ PLANNING DEPARTMENT
1.243 NATIONAL CITY BLVD.!, NATIONAL CITY, CA 91950
(619) 336-4310 (6119) 336-4321 (FAX)
NOTICE OF! VIOLATION
February 26, 2013
Adler Family Trust, Ben and CharJeton Adler
105 East Bth Street
National City, CA 91950
Dear Property Owner,
This is a NOTICE that you are in violation of your Conditional Use Permit (2010-33 CUP),Ispecifically
the Conditions of Approval contained in City Council Resolution 2012-49 (attac 'ed), dated
February 21, 2012, Condition number 16 of said resolution states that the Conditional
Use Permit
shall be subject to review by the Planning ComMission one year from the date of they Resolution
approving said permit. In anticipation of this review the Police Department (NCPD) h s provided
information related to police activity conducted in association with McDini's Bar/Restau ant for the
preceding year (attached).
The specific Condition that you are in violation of IS number 2, which read as follows:
2. No live entertainment, dancing, or Construction of any stage or dancin area may
commence until the stipulated judgment has been rescinded or modified a propriately
so as to allow for such activities. In the event that the stipulated judgment is . ,odified to
allow for live entertainment, the following conditions shall apply:
a. if after 12 consecutive months there are no incidents, the parties agree Ito meet to
discuss whether the stipulated judgment should remain in place.
b. If any incidents involving calls for (service involving any types of violence; occur in a
12 month period (at McDini's, thej areas adjacent to McDini's, at Big Bens or Union
Bank, or the McDini's parking Ibt) and the Police Department respionds then
McDinl's agrees to penalties, as follows:
i. 1 ` incident: $1,000
ii. 2nd incident: $2,000
iii. 3rd incident: $3,000
if an incident occurs that requires more law enforcement resources, he cost of
which exceeds the penalty, McDini(s agrees to reimburse for the addition I costs.
McDini's Notice of Violation J 2/26/113 I Page 3
c. If 4 incidents occur within a 112 month period, then all live en ertainment
immediately ceases and is susper'ded for 12 months. This condition is s parate and
additional to condition number15 allowing for a revocation if the a is a 10%
increase in calls for service between the hours of 5:00 p.m. and 3:00 a.m
Applicant waives any right to an appeal for the imposition of one year
suspension of operations based upon 4 incidents occurring during a 12 month
period.
According to information provided by the Police Department there have been at least 12 calls for
service between the dates of February 22, 2012 and January 31, 2013 of a serious naturie. Three (3)
of these incidents were of a vioJent nature and would thus be subject to fines pursuant o condition
no. 2 (b) of City Council Resolution 2012-49. According to the fine structure in this condi ion, a total
of $6,000 worth of penalties is due to the City.
A review of your Conditional Use Permit will be considered at the National Ciy Planning
Commission hearing of March 4, 2013. You are encouraged to attend. A presentation will be made
at that time by City staff on activities related to ry cDini's Bar/Restaurant in the past 12 months.
The enclosed notice has been mailed to you by certified mail and first-class mail. Receip i constitutes
service of notice. The $6,000 in penalties must be paid within thirty days (March 24, 2013).
If you have any questions, please contact Assistant planner Martin Reeder at (619) 336-4313
Sincerely,
MARTIN REEDER, AICP
Assistant Planner
Attachments: City Council Resolution 2012-49i
NCPD incident report
McDini's Notice of Violation ;I 21261
I Page 3