HomeMy WebLinkAboutPC Reso 14-2013RESOLUTION NO. 14-2013
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF NATIONAL CITY, CALIFORNIA,
REVOKING CONDITIONAL USE PERMIT 2010-33 CUP
FOR LIVE ENTERTAINMENT AT AN EXISTING BAR/RESTAURANT
LOCATED AT 105 E 8TH STREET
CASE FILE NO. 2013-11 R
APN: 556-332-20
WHEREAS, the Planning Commission of the City of National City considered the
revocation of Conditional Use Permit No. 2010-33 CUP, which authorized live
entertainment at an existing barlrestaurant located at 105 East 8th Street ("McDini's"), at
a duly advertised public hearing held on June 17, 2013, ("the Public Hearing") at which
time oral and documentary evidence was presented; and,
WHEREAS, at the Public Hearing the Planning Commission considered the staff
report contained in Case File No, 2013-11 R maintained by the City and incorporated
herein by reference along with evidence and testimony at said hearing; and,
WHEREAS, at the Public Hearing the Planning Commission also received
documentary and testimonial evidence from the owners/operators of McDini's, Benny
Charlton Adler; and,
WHEREAS, at the Public Hearing the Planning Commission also received
comment from members of the public; 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 June 17, 2013 support the following findings:
1. That based on the fact that the National City Police Department responded to 28
:rci ;'musts as McDini's Bar, 105 n� Street Nation3! City, between February 22,
LAL II�VV 1 1 Lam. V Val is V4, 11 LIVIILAI �i1L11, February ,
2012 to February 21, 2013, as fu:rher 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. That 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. That 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. That 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. That hncc d 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.
fi. That 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 750%, 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 That 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.
BE !T FURTHER RESOLVED that, based on findings 1 through 7 above, the
Planning Commission finds that the use authorized by Conditional Use Permit No. 2010-
33 CUP has been exercised in a manner contrary to the conditions of approval; and that
the use has been exercised in a manner detrimental to the public health, safety and
welfare.
BE IT FURTHER RESOLVED that, pursuant to Municipal Code Section
18.12.110 (H)(1)(b), the Planning Commission hereby revokes Conditional Use Permit
2010-33 CUP.
BE IT FURTHER RESOLVED that copies of this Resolution be transmitted
forthwith to the owners/operators of McDini's and to the City Council.
BE IT FiNALLy RESOLVED that this Resolution shall become effective and final
thirty days following the date that the Planning Commission resolution is adopted,
unless, within such period of time, the applicant or other interested party files a written
letter of appeal with the Planning Department requesting an appeal before the City
Council. The time within which judicial review of this decision may be sought is
governed by the provisions of Code of Civil Procedures Section 1094.6.
CERTIFICATION:
This certifies that the Resolution was adopted by the Planning Commission at their
meeting of July 1E, 2013, by the following vote:
AYES: Pruitt, Baca, Flores, Alvarado, Bush
NAYS: None
ABSENT: Garcia
ABSTAIN: DeLaPaz J.„ ----
CHAIRPERSON