HomeMy WebLinkAboutConditionsRECOMMENDED CONDITIONS OF APPROVAL
2013-29 CUP, 619 National City Boulevard.
General
1. This Conditional Use Permit authorizes an existing restaurant located at 619 National
City Boulevard to expand of the area approved for alcohol sales to include the existing
and proposed dining, banquet, and game room areas. Unless specifically modified by
this resolution or subsequent Codes, Plans submitted for permits associated with this
project shall conform with Exhibit A, case file no. 2013-29 CUP, dated 11/4/2013.
2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the
California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all
necessary environmental filing fees for the San Diego County Clerk. Checks shall be
made payable to the County Clerk and submitted to the National City Planning
Department.
3. This permit shall become null and void if not exercised within one year after adoption of
the Resolution of approval unless extended according to procedures specified in the
Municipal Code.
4. This permit shall expire if the use authorized by this resolution is discontinued for a
period of 12 months or longer. This permit may also be revoked, pursuant to provisions
of the Land Use Code, if discontinued for any lesser period of time.
5. This Conditional Use Permit may be revoked if the operator is found to be in violation of
Conditions of Approval.
6. Before this Conditional Use Permit shall become effective, the applicant and the
property owner both shall sign and have notarized an Acceptance Form, provided by
the Planning Division, acknowledging and accepting all conditions imposed upon the
approval of this permit. Failure to return the signed and notarized Acceptance Form
within 30 days of its receipt shall automatically terminate the Conditional Use Permit.
The applicant shall also submit evidence to the satisfaction of the Development
Services Director that a Notice of Restriction on Real Property is recorded with the
County Recorder. The applicant shall pay necessary recording fees to the County.
The Notice of Restriction shall provide information that conditions imposed by approval
of the Conditional Use Permit are binding on all present or future interest holders or
estate holders of the property. The Notice of Restriction shall be approved as to form
by the City Attorney and signed by the Development Services Director prior to
recordation.
Building
7. The proposed project shall be constructed as per the 2013 California Building,
Electrical, Plumbing, Mechanical and Fire Codes. The proposed tenant
improvement will require all accessibility requirements to be mat at the site, including
updating the restrooms.
Fire
8. The project shall be built to code. The National City Fire Department utilizes the
2013 edition of the California Fire Code and the 2013 edition of the National Fire
Protection Association Codes and Standards.
9. 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, 2013 edition,
Chapter 9, Section 903.2.1.2.
10.An automatic sprinkler system shall be provided for group A-2 occupancies where
either the fire area has an occupant load 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.
11.An approved and monitored fire alarm system shall be installed upon installation of
sprinkler system.
Planning
12.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.
13. All sellers and servers of alcohol shall receive Responsible Beverage Service and
Sales (RBSS) training, including all owners, and managers. The RBSS training must
be certified by the Department of Alcoholic Beverage Control (ABC). Proof of
completion of an approved RBSS program must be provided prior to issuance of a
city business license. As part of the RBSS training, the permittee shall make
available a domestic violence training session as provided by the Institute of Public
Strategies.
14. 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.
15.Alcohol shall be available only in conjunction with the purchase of food.
16. 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
17. Permittee shall comply with all regulatory provisions of the Business and Professions
Code that pertain to the sale, display and marketing or merchandising of alcoholic
beverages.