HomeMy WebLinkAbout2013 CON (Notice of Restriction on Real Property) 1430 East Plaza BlvdRECORDING REQUESTED BY:
R atC. Call-f tin;.a, U1_C'
Pr ty Owner's Name
;L4
operty Owner's Signature
WHEN RECORDED MAIL TO:
Planning Division
City of National City
1243 National City Boulevard
National City, CA 91950
DOC # 2073-0720791
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DEC 13, 2013 4:33 PM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 48.00
PAGES
7
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NOTICE OF RESTRICTION ON REAL PROPERTY:
Address: 1430 East Plaza Blvd.
Assessor's Parcel # 557-322-14
The real property located in the City of National City, County of San Diego, State of California
described as follows:
Parcel 1 of the portion of 40-acre Lot 2 of Rancho de la Nacion in the city of National
City, in the County of San Diego, State of California, according to Map thereof No. 166
is restricted by conditions of approval of Planning Commission Resolution No. 5-2013 issued by the
City of National City. The obligations and restrictions imposed by Planning Commission Resolution
No. 5-2013 approving the Conditional Use Permit (2013-02 CUP) are binding on all present or future
interest holders or estate holders of the property. A copy of the Planning Commission Resolution No. 5-
2013 is on file with the National City Planning Division.
Dated: March 20, 2013
APPROVED AS TO FORM:
Iva,
City Atto, City of National City
Biazt l�aulston, Executive Director
National City Development Services Department
RESOLUTION NO. 5-2013
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
AT GOLDEN CHOPSTICKS RESTAURANT
LOCATED AT 1430 EAST PLAZA BLVD.
CASE FILE NO. 2013-02 CUP
APN: 557-322-14
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 Golden Chopsticks Restaurant located at 1430 East Plaza Blvd. at a duly
advertised public hearing held on March 4, 2013, 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. 2013-02 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 March 4, 2013, support the following findings:
1. That the site for the proposed use is adequate in size and shape, since the
proposed use is an existing accessory use to the restaurant use in an existing
commercial area, and the 900 square -foot expansion of alcohol sales into an
existing commercial suite 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 Plaza Blvd. is classified as an arterial street in the
Circulation Element, and the expansion into an existing commercial suite 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 proposed use is compatible with other nearby businesses;
and since the proposed use Is and will continue to be subject to conditions that
limit the sale of alcohol and restrict the hours that it will be available.
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 the applicable mixed -use zone.
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 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 900 square -foot expansion of an existing
restaurant, with beer and vvine sales, located at 1430 East Plaza Boulevard. Unless
specifically modified by this resolution or subsequent Codes, all previous Conditions of
Approval as stated in Planning Commission Resoiution 16-96 are still in effect. Plans
submitted for permits associated with this project shall conform with Exhibit A, case
file no. 2013-02 CUP, dated 1/17/2013.
2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the
Califomia 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 Attomey and signed by the Development Services Director prior
to recordation.
Fire
7. The project shall be built to code. The National City Fire Department utilizes the
2010 edition of the California Fire Code and the 2010 edition of the National Fire
Protection Association Codes and Standards.
8. 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, 2010 edition,
Chapter 9, Section 903.2.1,2.
9. 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.
10.An approved and monitored fire alarm system shall be installed upon installation of
sprinkler system.
Planning
11. 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.
12. 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 pemiittee shall make
available a domestic violence training session as provided by the Institute of Public
Strategies.
13. 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.
14. Alcohol shall be available only in conjunction with the purchase of food.
15. 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 dearly
visible to the exterior, shall constitute a violation of this condition.
Police
16. 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 !T 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 March 4, 2013, by the following vote:
AYES: Baca, Rush, AeLaPaz, Flores, Pruitt, Reynolds, Alvarado
NAYS: None
ABSENT: None
ABSTAIN: NoneCHAIRPERSON
Please have this form signed and notarized, and return to the Development Services Department,
Planning Division, City of National City, 1243 National City Boulevard, National City, California,
91950
ACCEPTANCE FORM
2013-02 CUP
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss
12-z. ,-a, 1L . Scigo-e68 C C o
says;
, being first duly sworn, deposes and
I am
We aro the alicant(s}-for / owner(s) of the property described in the above noted Conditional
Use Permit Case.
I am
aware of, and accept, all of the conditions of approval in the said Conditonal Use Permit
case as set forth in Planning Commission Resolution No. 5-2013, a copy of which I (we) have
received, read and accepted.
DATE: 1 C,e 1) zoo
Subscribed and sworn to before me
this 9 day of Dec , 2013.
Notary Public in and for the County
of Snn niego, State of California.
My Commission expires 3
(C_ C(), 11 cA EL C._
89051DrAsenti D .ouitc tos'
Address
San Dieuo, cf 9 i
City, State, Zip
ASHLEY BULOT
Commission * 2011274
Notary Public - California
z r,J San Diego County
Comfn. E><iree Mu 11 2017
ALL PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA }
COUNTY OF SRey }
On Nov. I')3,'Lo13 before me, As\nveq P)vVot 1 fV'o4a
(Insert name and title of the officer)
personally appeared 12 i L \ cw cl 14-. Sc\rvG e b e I
who proved to me on the basis of satisfactory evidence to be the person whose name(s.) is/subscribed
to the within instrument and acknowledged to me that he/stieftlheyexecuted the same in his/her4l3eir
authorized capacity(tes� and that by histher/their_signature(s). on the instrument the personN, or
the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (1).;/k,u,ti,
Rec.Form #R11 (12/05/07)
(This area for official notarial seal)
ASHLEY SULOT
Comma lion 4` 2011274
Notary Public - California
Z '` ►y% Son D o County
1 Comm. Exe'res Mar 11, 2017