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HomeMy WebLinkAbout2014 CON (Notice of Restriction on Real Property) 619 National City Blvd 556-331-04RECORDING REOUESTED BY: 14 c,4c, rc CmcAle Pfo'pe 'wn�r's N Property Owner's Signature WHEN RECORDED MAIL TO: Planning Department City of National City 1243 National City Boulevard National City, CA 91950 D 0 C # 2014-0181087 MAY 05, 2014 1:46 PM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE Ernest J. Dronenburg, Jr., COUNTY RECORDER FEES: 57.00 PAGES: 11 IIIIH IIIII IIIII I1i1 IIIII IIIII IIIII Ilnl IIIII IIIII IIIII IIIII IIIII IIIII IlHI IIH IIII NOTICE OF RESTRICTION ON REAL PROPERTY: Address: 619 National City Blvd. Assessor's Parcel # 556-331-04 The real property located in the City of National City, County of San Diego, State of California described as follows: See attached Exhibit "A" is restricted by conditions of approval of City Council Resolution No. 2014-52 issued by the City of National City. The obligations and restrictions imposed by City Council Resolution No. 2014-52 approving the Conditional Use Permit (2013-29 CUP) are binding on all present or future interest holders or estate holders of the property. A copy of the City Council Resolution No. 2014-52is on file with the National City Planning Division. Dated: April 16, 2014 Brad Raulston, Executive Director City of National City ROVED AS TO FORM: IIL � C rG.. a, City Atto • ty of National City ALL PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF SAN DIEGO } } On April 16, 2014, before me, Michael R. Dalla, City Clerk, personally appeared BRAD RAULSTON, Executive Director and CLAUDIA G. SILVA, City Attorney, who proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons 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 Mic ael R. Dalla, 1 MC, City Cle RESOLUTION NO. 2014 — 52 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR THE EXPANSION OF THE EXISTING AREA APPROVED FOR BEER AND WINE SALES AND MODIFIED ALCOHOL SALES HOURS AT NAPOLEONE'S PIZZA HOUSE LOCATED AT 619 NATIONAL CITY BOULEVARD (APN: 556-331-04) WHEREAS, the City Council of the City of National City considered 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 Boulevard, at a duly advertised public hearing held on April 1, 2014, at which time the City Council considered evidence; and WHEREAS, at said public hearing the City Council considered the staff report provided for Case File No. 2013-29 CUP, which is maintained by the City and incorporated herein by reference, along with any other evidence presented at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the evidence presented to the City Council at the public hearing held on April 1, 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 the Land Use Code, since the retail sale of alcoholic beverages is a conditionally -permitted use in Development Zone 3 (DZ-3) of the Downtown Specific Plan. 2. That the proposed use is consistent with the General Plan and any applicable specific plans, since Policy LU-5.5 provides for the support for redevelopment and revitalization of downtown, which expanding the viability of the restaurant will encourage. 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 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. 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 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. 5. That granting of 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 existing restaurant is approved to sell beer and wine; and since the additional area approved for alcohol sales is within the existing building. Resolution No. 2014 — 52 Page Two April 15, 2014 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 public convenience and necessity will be served by the proposed use of the property for the retail sales of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that the application for a 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 the area approved for ABC Type 41 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 November 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 Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to retum 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. Resolution No. 2014 — 52 Page Three April 15, 2014 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 met 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 10:00 a.m. and 2:00 a.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 National 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. Resolution No. 2014 — 52 Page Four April 15, 2014 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. BE IT FURTHER RESOLVED that this Resolution shall become effective, final, and conclusive on the day following the City Council meeting where this Resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6. PASSED and ADOPTED this 15th day of April, 2014. on Morrison, Mayor ATTEST: i 14tiL Michael R. Della, ity Clerk PROVED AS TO FORM: u . is G Silva City Attorn Passed and adopted by the Council of the City of National City, California, on April 15, 2014 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Natividad, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2014-52 of the City of National City, California, passed and adopted by the Council of said City on April 15, 2014. AjejalAr City Cle k of the City of N tional City, California By: Deputy EXHIBIT 4AI Real property in the City of National City, County of San Diego, State of California, described as follows: ALL THAT PORTION OF BLOCK 1 OF PINNEY'S SUBDIVISION OF 10-ACRE LOT 7, OF QUARTER SECTION 155 OF RANCHO DE LA NACION, ACCORDING TO THE MAP THEREOF NO. 77, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN DIEGO COUNTY, JUNE 5, 1871, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY LINE OF NATIONAL AVENUE, DISTANT THEREON 90.34 FEET NORTHWESTERLY FROM THE SOUTHWESTERLY CORNER OF SAID BLOCK 1; THENCE EASTERLY IN A STRAIGHT LINE 115 FEET TO A POINT ON THE EASTERLY LINE OF A PARCEL OF LAND CONVEYED TO W. E. FLACK AND WIFE BY THE DEED DATED JANUARY 13, 1944 AND RECORDED IN BOOK 1616, PAGE 273 OF OFFICIAL RECORDS, SAID POINT BEING 0.40 FEET NORTHWESTERLY, FROM THE SOUTHEASTERLY CORNER OF SAID LAND; THENCE NORTHWESTERLY ALONG THE EASTERLY LINE OF SAID LAND 44 FEET; THENCE SOUTHWESTERLY IN A STRAIGHT LINE 115 FEET TO A POINT ON THE EASTERLY LINE OF NATIONAL AVENUE, DISTANT THEREON 44 FEET NORTHWESTERLY, FROM THE POINT OF BEGINNING; THENCE SOUTHEASTERLY ALONG SAID EASTERLY LINE, 44 FEET TO SAID POINT OF BEGINNING. APN: 556-331-04-00 Top of thumb here CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On Date personally appeared before me, } ,3tC m KorfWfz�k,l Ii- 16) C, Here Insert Name and Idle of the Officer Name(s) of Signer(s) JESSICA APAADOR COMM. *1945939 � rE Cain• JULY 29, 2015 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), 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 ha . and o Signature OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Number of Pages: Capacity(ies) Claimed by Signer(s) Signer's Name: O Individual rl Corporate Officer — Title(s): LI Partner — [1 Limited LI General ❑ Attorney in Fact U Trustee C ] Guardian or Conservator Ll Other: Signer Is Representing: Signer's Name: C Individual LI Corporate Officer — Title(s): ❑ Partner — Li Limited 7 General -] Attorney in Fact Trustee :1 Guardian or Conservator L: Other: Signer Is Representing: Top of thumb here ©2097 National Notary Associalion • 9350 De Solo Ave., Pa Box 2402 • Chat worll CA 91313 2402 • uvuvw. Natiur alN to yo g Item k 07 Reorder -Call Toll -Free l 800-8766827 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 2013-29 CUP STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) ss QkJ4.4O C(. e says; , being first duly sworn, deposes and I am We are the applicant(s) for / owner(s) of the property described in the above noted Conditional Use Permit Case. Iam We are aware of, and accept, all of the conditions of approval in the said Conditonal Use Permit case as set forth in City Council Resolution No. 2014-52, a copy of which I (we) have received, read and accepted. DATE: S f - / Y Subscribed and swo to efore me this 1 day of , 2014. Notary Public in and for the Coun of San Diego, State of California. My Commission expires s7 7/z%ir. sgly �thr� Cv1Qc\\ (Signature) 3L3s Address a � I'9p, C YZ( 03 ity, State, Zip JESSICA AMADOOR COMM. #1945939 m fol3 Notary Io4-�' w� SAN DIEGO COUNTY , �(' Comm. 6 . JUIY 292015 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 2013-29 CUP STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) ss �c*c Cr, , being first duly sworn, deposes and says; I am We are the applicant(s) for / owner(s) of the property described in the above noted Conditional Use Permit Case. Iam We are aware of, and accept, all of the conditions of approval in the said Conditonal Use Permit case as set forth in City Council Resolution No. 2014-52, a copy of which I (we) have received, read and accepted. DATE: O S^ a l—/ Subscribed and sworn to efore me this ( day of 111 , 2014. Notary Public in and for the Coun of San Diego, State of California. My Commission expires 7 IC Pe-c- Cr‘ (Signature) /365 op Tane.,I P-60-1-) /mod Address c hu 14( U/ sty cw 9/ ?/s City, State, Zip