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HomeMy WebLinkAboutPC reportBACKGROUND Site Characteristics The project location is Napoleone's Pizza House located at 619 National City Blvd., in Development Zone 3 (DZ-3) of the Downtown Specific Plan. The existing restaurant is approximately 3,870 square feet in size. The area is mostly adjacent to commercial uses; however, there are single-family houses located across an alley to the east that are located in the same zone as the restaurant. History Napoleone's Pizza House was established in 1968. In 1966, the owner received an approval to sell and serve beer and wine in the dining room. The approval pre -dated the City's requirement for a Conditional Use Permit. In the 1970's, the restaurant expanded into an adjacent neighboring suite creating a game room and banquet room. There are no records indicating the restaurant owner received approval to serve alcohol in the game and banquet rooms. Proposed Use The applicant is making two requests with this application. The first request is to approve the sale of beer and wine sales in the existing banquet and game room areas that were added in the 1970's. This area includes approximately 1,200 square feet and includes a bar. The game room has a pool table and two coin operated games. The second request is for approval of a remodeled floor plan that would convert a storage area into additional banquet area totaling approximately 300 square feet. The restaurant is currently open Monday through Saturday from 11 a.m. to 10 p.m. However, the applicant is requesting approval to sell beer and wine from 11 a.m. to 2 a.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 (CLIP). The expansion of the area approved for alcohol saes requires that a CUP and applicable conditions be applied to the entire restaurant. Community Meeting Pursuant to Section 18.30.050 (C), the applicant is required to hold a community :: reed: w. t s;s case, the a picanhe€d two meetings b cau6e ii-:e mailing list from the first meeting was found to be deficient. The first meeting was held Tuesday, Novernber 26, 2013 at 5:30 p.m. and the second meeting was Tuesday, January 28, 2014 at 5:30 p.rn. Both meetings were held at the subject restaurant. Sign -in sheets, minutes, and advertisements for both meetings are attached. According to the sign -in sheet, four residents were in attendance at the first meeting and six residents attended the second meeting. The applicants made a presentation showing the new floor plan. No objections were noted by the attendees of the community meeting. The Planning Department is recommending that the hours approved for alcohol sales be limited to the restaurant's operating hours that are from 11 a.m. to 10 pm. The reason for the limitation is to ensure the restaurant does not serve alcohol without food. The applicant can request modification of the CUP hours if the restaurant's operation hours change. Alcohol Sales Concentration/Location Per the California State Department of Alcoholic Beverage Control (ABC), there are currently three (3) other on -sale permits issued in this census tract (118.01) besides Napoleone's Pizza House. These permits are: Name Address License Type* Oriental Cafe 39 E. 7th Street 41 Mcdinis Irish Cantina 105 E.Bt" Street 47 Rincon Del Mar 314 Highland Ave. 41 * Type 41 - On -Sale Beer and Wine for Bona Fide Public Eating Place Type 47 - On -Sale General for Bona Fide Public Eating Place All three of the other on -sale licenses are restaurants. Census tract 118.01 includes the area of the City between National City Boulevard and Highland Avenue, and between Division Street and E. 8th Street. The attached census tract map shows the location of the subject tract. ABC recommends a total of four on - sale alcohol permits be issued in this census tract, where four exist. No additional ABC licenses are being requested. This would be the expansion ofan existing license. Chapter 18.030.050 (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. Integrity Charter school is approximately 300 feet from the restaurant. Police Department comments Crime statistics provided by the Police Department (PD) indicate that the reporting area (Beat 20) had a 2011 crime rate of 114%, below the 120% considered to be a high crime area. As of the writing of this report, no Risk Assessment report has been received from the Police Department. The assessment would normally assign points based on the type of business, license concentration, and calls for service (among others) and would rank the business according to potential risk (low, medium, or high). Restaurants are usually considered low risk, although this will need to be confirmed by the Police Department. 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 4 food, hours of operation, RBSS training, etc.). Police, Fire and Building Department comments have also been included as conditions. Summary Napoleone's Pizza House has been in business at this location since 1958, and serving beer and wine as an accessory service since 1966. No concerns have been noted regarding business operations or associated crime in that timeframe. The census tract in which the restaurant is located is not over -concentrated with regard to on -sale alcohol licenses, and no additional licenses would be added by this permit. RECOMMENDATION Approve 2013-29 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 (advertisements, notices, and sign -in sheets) 6. Public Hearing Notice (Sent to 634 property owners and occupants) 7. Notice of Exemption 8. Applicant's Plans (Exhibit A, case file no. 2013-29 CUP, dated 11/4/2013) ?-4444 MICHAEL FELLOWS BRAD RAULSTON Planning Technician Executive Director 5 RECOMMENDED FINDINGS FOR APPROVAL 2013-29 CUP, 619 National City Boulevard, 1 That the site for the proposed use is adequate in size and shape, since the restaurant has historically sold beer and wine and the additional area approved for beer and wine sales 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 National City Boulevard is classified as an arterial street in the Circulation Element, and an increase in the area approved for alcohol sales is not expected to result in an appreciable increase in traffic. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the existing restaurant is approved to sell beer and wine; and since the additional area approved for alcohol sales is within the existing building. 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 Development Zone 3. 5. That public convenience and necessity may be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. RECOMMENDED FINDING FOR DENIAL 2013-29 CUP, 619 National City Boulevard. 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. 6 RECOMMENDED 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 11/412.013. 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. 7 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, andlor 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.AII 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. s .40 < s'. • 1 m ". i9,J,.+f 1 .'. ,::. thesallaved Sklar \lc rY till'''. rr: I' i 1 ,,,,a, St- , • + t elArk 1'ph St: ')' • np9r+ohtdOand(P)1g8. ,gqii�tlneenCo orassnoandual 'sriPpdiera:lal sreserited Farms steinmapping and fta ago O15-NleYTEa Al norlts reOrred NAillicle.nd.titylTEOON BOA Tele. as laAtaa;'r J ne c• afore( -rks- e.-:.•. � Source: Microsoft Mappoint NCPD CAU, 4/18/07 • City of National City Beat 20 • 9 es3sioirar 32 ! liil 'G43 0.6mi '''' 1 ' il /4 1, OM EZYL jaw ft fIZ 7.4e /1691.S AS t. -'. .44‘f)7 i li 'mil r� �� Pdor _marl- 4". el,t,,‘ ric-eje•--4:14e--044'- ■ 111 a *will h tegulatib jOr to sellb .There will We.hae been • years and the You. axe. invited January 619 National ne Pizza House, Inc hordirq a j '1rn YIntty J.iee our y p to+E ytYJe��1dthe , area arj ved ' an{ a wit t e test$ ]' berm physical expansion to the area. selling beer a j wig at this location for 55 proposal ia#o be able to continue to do so. to comment on this prop i on: 28 2014 at5:3 m City Blvd, National City, CA 91950 11 0/1 u ley a_z se-44_424 - ,440.41,7 ‘?3et., zinc/ -hewu ?"94 effideirauLa •''o U-Ae-: -4-244 d f� 6) ..,d62,40 ela? 044 (yew-, 64.) 0 fcd t< i . • C.. 0-. I, er fi26-- j 04161. [ tea/. • L.I • 1 � Al� -i i • 1 • tI �. '. • e�one i We will be holding a community regulations, for our Proposal to to sell beer andwine within There will be no physical expaYtsirt�, Housea Inc�,I1C meetingper ' Extnd the r the restaurant proved . . We have been selling..�- to the area. beer and wine at this location for 55 years and the proposal is to be able to continue to do s You are invited to comment on this proposal on: °• November 26, 2013 at 5:3Opm 619 National City Blvd, National City, CA 91950 13 ikK / j_ Z6- 3 -1 o Fes CL e lt--paotnrJ 7t c e- n e. vbian - -5 44.56,-- 50 Ve‘ \ \Oe, t c ve. e r k4 4 ne p vl n iv Sett from_ Igo "yr, ' -�2 c c....1 C 4110 /41 bat acL,n 60,44 }dive, _ALidike.„,,,,A Cuifa CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT FOR THE EXPANSION OF THE AREA APPROVED FOR BEER AND WINE SALES AT NAPOLEONE'S PIZZA HOUSE LOCATED AT 619 NATIONAL CITY BLVD. CASE FILE NO.: 2013-29 CUP APN: 556-331-04 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, February 10th, 2014, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant Peter Crivello) The applicant is requesting to expand the area approved for alcohol sales into an existing dining area in the restaurant and requesting approval of a future floor plan. Information is available for review at the City's Planning Department, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Department on or before 12:00 p.m., February 10th, 2014, who can be contacted at 619-336-4310 or planning@nationalcityca.gov if you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone &se 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. PLANNING DEPARTMENT BRAD RAULSTON Executive Director 15 f 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: 2013-29 CUP Project Location: 619 National City Boulevard, National City, CA 91950 Contact Person: Michael Fellows Telephone Number: (619) 336-4315 Description of Nature. Purpose and Beneficiaries of Protect: Conditional Use Permit application for expansion of the area approved for beer and wine sales within Napoleone's Pizza House. Applicant: Peter Crivello 619 National City Boulevard National City, CA 91950 Exempt Status: Telephone Number: (619) 947-6742 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 is located completely within the existing restaurant building. Date: MICHAEL FELLOWS Planning Technician 16