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Home My WebLink AboutPC resoRESOLUTION NO. 3-2014 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE EXPANSION OF THE EXISTING 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 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for the expansion of the existing area approved for beer and wine at Napoleone's Pizza House located at 619 National City Blvd. at a duly advertised public hearing held on February 10, 2014, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2013-29 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; 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 February 10, 2014, support the following findings: 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. 17 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. BE 1T FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 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. 18 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 wi!l 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 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. 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. Ail information obtained by an investigation of records shall remain confidentiai. 15.Alcohol shall be available only in conjunction with the purchase of food. 16. Exterior advertising and signs of al! 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 saie, display and marketing or merchandising of alcoholic beverages. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. 19 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 the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of February 10, 2014, by the following vote: AYES: Alvarado, Bush, Baca, Pruitt, Flores NAYS: ABSENT: Dela Paz ABSTAIN: Garcia &kitze.! CHAIRPERSON 20