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Home My WebLink AboutPC ResoRESOLUTION NO. 18-2014 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR BEER AND WINE SALES AT AUNT EMMA'S RESTAURANT LOCATED AT 214 NATIONAL CITY BLVD. CASE FILE NO. 2014-10 CUP AP N : 555-030-08 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for beer and wine sales at Aunt Emma's Restaurant located at 214 National City Blvd. at a duly advertised public hearing held on September 8, 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. 2014-10 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 Iaw and City Iaw; 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 September 8, 2014, support the following findings: 1. That the proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of tine L d use r'n since alcohol sate. for ons� tion �G r� use vvd�.., since alcohol sates on -site consumption �"il�Vll are a conditionally -allowed use in Development Zone 1A of the Downtown Specific Plan Area. 2. That the proposed use is consistent with the General Pian and any applicable specific plans, since alcohol sales are permitted, subject to a Conditional Use Permit, by the Land Use Code, which is consistent with the General Plan; and since alcohol sales for on -site consumption are a conditionally -allowed use in Development Zone 1A of the Downtown Specific Plan Area. 3. That the design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, since the proposed use is an accessory use to a proposed restaurant use in an existing commercial area and the sale of beer and wine is not expected to appreciably increase traffic on National City Blvd. based on the current capacity and traffic numbers. 4. That the site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, since no expansion of the building is proposed. 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, since the proposed use will be compatible with other nearby businesses; and since the proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available. 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act, since staff has already determined that the proposed use is categorically exempt from environmental review pursuant to Class 1 Section 15301 (Existing Facilities), for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. 7 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 1A. 8. That public convenience and necessity will be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. 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 the sale of beer and wine at an existing restaurant !floaters at 214 National City Bouu!evtard. Plans submitted for permits associated with this project shall conform with Exhibit A, case file no. 2014-10 CUP, dated 6/1712014, 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 Cleric and submitted to the NF.-tonal 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. 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 Department, acknowledging and accepting all conditions imposed upon the approval of this perm t. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shah automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Executive 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 Executive Director prior to recordation, Planning 7. The sale of alcoholic beverages shall be limited to between the hours of 6:00 a.m. and 3:00 p.m. seven days a week. 8. All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including ali 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. 9. 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. 10. Alcohol shall be available only in conjunction with the purchase of food. 1. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertisinglsigns directed to the exterior it orre within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible 1 11 f^ ditties I.,I...le to the exterior, snail constitute a violation of this condition. Police 12. 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. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shah 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, appea! 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 September 8, 2014, by the following vote: AYES: Garcia, Baca, Bush, Pruitt, Alvarado, Blores NAYS: Dela Paz ABSENT: None ABSTAIN:None at<44&-dreAAi CHAIRPERSON