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HomeMy WebLinkAboutItem 2 - Attachment 2 - PC ResolutionRESOLUTION PCC -14 -057 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING CONDITIONAL, USE PERMIT PCC -14 -057, TO MAINTAIN AN EXISTING RESTAURANT USE THAT INCLUDES INCIDENTIAL ALCOHOLIC BEVERAGE SALES, AND THE OPERATION OF A 24 -HOUR DRIVE - THROUGH AT 4340 MAIN STREET WHEREAS, a duly verified application for a Conditional Use Permit (PCC -14- 057) was filed with the City of Chula Vista Development Services Department on September 22, 2014 by Julian & Aimee Garcia (Applicant); and WHEREAS, Applicant requests permission for the incidental sale of alcoholic beverages in conjunction with the restaurant, and a 24 -hour operation of the restaurant drive - through (Project); and WHEREAS, the restaurant, which is the subject of this resolution, is located on an existing parcel at 4340 Main Street, Chula Vista CA 91911 (Project Site); and WHEREAS, the Director of Development Services has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 1 Categorical Exemption for existing uses and facilities pursuant to Section 15301, of the State CEQA Guidelines; and WHEREAS, the Director of Development Services set the time and place for a hearing on the Conditional Use Permit application, and notice of the hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City, and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely January 13, 2016 at 6:00 p.m., in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and the hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Chula Vista does hereby find and determine as follows: I. CERTIFICATION OF COMPLIANCE WITH CEQA The Planning Commission has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and in the exercise of its independent judgment, as set forth in the record of its proceedings, hereby finds and determines that the project qualifies for a Class 1 Categorical Exemption for existing uses and facilities pursuant to Section 15301, of the State CEQA Guidelines, and therefore, no further environmental review is required. Attachment 2 PC Resolution PCC -15 -057 January 13, 2015 Page 12 II. CONDITIONAL USE PERMIT FINDINGS 1. That the proposed use at this location is necessary or desirable to provide a service or facility which will contribute to the general well-being of the neighborhood or the community. The proposal provides a public amenity that is desirable to the immediate neighborhoods and contributes to the commercial viability of the neighborhood commercial property at this location. The incidental alcohol sales provides customary service typically offered by sit down restaurants. The restaurant and drive - through is located in a shopping center that includes other restaurants uses and commercial retail uses. The restaurant drive - through can serve regional visitors but is also located within a short pedestrian walking distance of many existing multiple family condominium townhomes and apartments. 2. That such use will not under the circumstances of the particular case be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The conditional use permit allows for on -site consumption of alcohol and limits the hours of alcohol sales. Alcohol sales will be served indoors only and the sale of alcoholic beverages is prohibited after 10:00 p.m. The restaurant's hours of operation are from 7:00 a.m. to 10:00 p.m., and only the drive - through is open 24 hours a day. The restaurant is located in a neighborhood commercial shopping center designed for this and other complimentary food and retail uses nearby. The sit down restaurant with incidental alcohol sales provides a desirable service to the existing business community and residents. The Applicant is required to maintain a liquor license from the California Department of Alcoholic Beverage Control (ABC) for the sales of alcohol. The Applicant must provide alcohol awareness training programs for managers and employees regarding local and state liquor regulations, as well as how to handle any issues before they arise. 3. That the proposed use will comply with the regulations and conditions specified in the Chula Vista Municipal Code for such use. The use shall remain in compliance with the regulations of the Municipal Code and the conditions listed below. if the applicant or its successors in interest fail to comply with the conditions or the Municipal Code, this Conditional Use Permit may be subject to modification or revocation. The conditions herein imposed on this Conditional Use Permit are approximately proportional, both in nature and extent, to the impact created by the proposed development. PC Resolution PCC -15 -057 January 13, 2016 Page 13 4. That the granting of this conditional use permit will not adversely affect the General Plan of the City or the adopted plan of any governmental agency. The General Plan designates the site as Commercial Retail (CR). The Conditional Use Permit for a restaurant including the incidental sale of alcoholic beverages for onsite consumption is consistent with the General Plan Land Use Element and the Commercial Retail land use. In addition, the restaurant use including the incidental sale of alcohol and the 11:00 pm to 7:00 am drive - through business hours will be consistent with the Neighborhood Commercial (CN) Zone through the approval of this Conditional Use Permit by the Planning Commission. III. CONDITIONS OF APPROVAL I. The following shall be accomplished to the satisfaction of the Development Services Director or designee prior to issuance of building permits, unless otherwise specified: 1. Applicant shall develop and maintain the Project Site in accordance with submitted concept plans for PCC -14 -057 as approved or amended by the Planning Commission January 13, 2016, which includes site plans and floor plans on file in the Planning Division, the conditions contained herein, and Municipal Code Title 19. 2. Prior to, or in conjunction `xrith the issuance of any building or construction permits, the Applicant shall pay all applicable fees, including any unpaid balances of permit processing fees for the deposit account. II. The following on -going conditions shall apply to the Project Site as long as it relies on this approval: 1. The sit -down portion of the restaurant shall be limited to operation between the hours of 7:00 AM to 10:00 PM, and the 24 -hour operation applies only to the drive - through feature portion of the business. These hours of operation may be modified, reduced or revoked for non - compliance with any of the conditions of approval for this Conditional Use Permit, the Alcohol Beverage Control (ABC) license or the Municipal Code. 2. The conditions of approval for this Conditional Use Permit shall be applied to the subject property until such time as the approval may be revolted, and the existence of this approval with conditions shall be recorded with the title of the property. 3. The Project shall comply with Municipal Code Section 19.68, Performance Standards and Noise Control. PC Resolution PCC -15 -057 January 13, 2016 Page 14 4. The sales, service and consumption of alcoholic beverages inside the premises shall be permitted only between the hours of 7:00 AM and 10:00 PM each day of the week. 5. The sales, service, and consumption of alcoholic beverages shall be prohibited in the outdoor dining or patio area. 6. The Applicant /owners shall be responsible for training all managers and employees of the restaurant of their duty to prevent underage patrons from obtaining alcoholic beverages by closely monitoring clientele and intervening whenever necessary. 7. The Applicant/owners, management or designees shall remove and bar from re- entry, any patron involved in providing, furnishing, or passing alcoholic beverages to any individual inside the facility who is under 21 years of age. 8. The Applicant/owners, management or designees shall remove and bar from re- entry any individual who is under 21 years of age who possesses and/or consumes alcohol inside the facility. 9. The use of any amplifying system or device inside the premises or on the patio shall not be audible 25 feet outside of the ABC designated alcohol service areas. 10. The Applicant /owners, management or designees shall police the area under their control in an effort to prevent loitering. Loitering is prohibited on or around the premises under control of the licensee. 11. Signs must be posted at all exits, to include exits on the patio, advising customers that open containers of alcohol are prohibited outside of the ABC established services areas. 12. The Applicant /owners, management or designees serving alcohol shall attend LEAD training given by ABC. 13. This Conditional Use Permit for the incidental sale and onsite consumption of alcohol shall be applied to the restaurant or similar food establishments at this location. In the event that a different type of food establishment is proposed where the sale and onsite consumption of alcohol is not an incidental use, an amendment to this Conditional Use Permit or a new Conditional Use Permit shall be required. 14. The Applicant shall comply with all City ordinances, standards, and policies except as otherwise provided in this Resolution. Any violation of City ordinances, standards, and policies, or any condition of approval of this Conditional Use Permit, or any provision of the Municipal Code, as determined by the Director of Development Services shall be grounds for revocation or modification of this Conditional Use Permit by the City of Chula Vista. PC Resolution PCC -15 -057 January 13, 2016 Page 15 15. This permit shall be subject to any and all new, modified or deleted conditions imposed after approval of this resolution to advance a legitimate governmental interest related to health, safety or welfare which the City shall impose after advance written notice to the grantee and after the City has given to the grantee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Permittee of a substantial revenue source which the Permittee cannot, in the normal operation of the use permitted, be expected to economically recover. 16. Approval of the Conditional Use Permit shall not act to waive compliance with any sections of Municipal Code Title 19, nor any other applicable laws and regulations in effect at the time of building permit issuance. 17. The Applicant/Owner shall and does hereby agree to indemnify, protect, defend and hold harmless City, its City Council members, Planning Commissioners, officers, employees and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees (collectively, liabilities) incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Conditional Use Permit, (b) City's approval or issuance of any other permit or action, whether discretionary or non - discretionary, in connection with the use contemplated herein, and Applicant /Owner shall acknowledge their agreement to this provision by executing a copy of this Conditional Use Permit where indicated below. Applicant's /Owner's compliance with this provision is an express condition of this approval and this provision shall be binding on any and all of Applicant's /Owner's successors and assigns. 18. Any violations of the terms and conditions of this permit may result in the imposition of civil or criminal penalties and /or the revocation or modification of this permit. IV. EXECUTION OF RESOLUTION OF APPROVAL The Property Owner and Applicant shall execute this document signing on the lines provided below, indicating that the Property Owner and Applicant have each read, understood and agreed to the conditions contained herein, and will implement the same. Upon execution, this document shall be recorded with the County Recorder of the County of San Diego. Failure to sign the document shall indicate the Property Owner /Applicant's desire that the Project, and the corresponding application for building permits and /or a business license, be held in abeyance without approval. Signature of Property Owner Printed Name of Property Owner Date PC Resolution PCC -1 5 -057 January 13, 2016 Page 16 Signature of Applicant Printed Name of Applicant V. GOVERNMENT CODE SECTION 66020(d) (1), NOTICE Date Pursuant to Government Code Section 66020(d) (1), NOTICE IS HEREBY GIVEN that the 90 day period to protest the imposition of any impact fee, dedication, reservation, or other exaction described in this resolution begins on the effective date of this resolution and any such protest must be in a manner that complies with Section 66020(x) and failure to follow timely this procedure will bar any subsequent legal action to attack, review, set aside, void or annul imposition. The right to protest the fees, dedications, reservations, or other exactions does not apply to planning, zoning, grading, or other similar application processing fees or service fees in connection with this Project; and it does not apply to any fees, dedication, reservations, or other exactions which have been given notice similar to this, nor does it revive challenges to any fees for which the statute of limitations has previously expired. VI. CONSEQUENCE OF FAILURE OF CONDITIONS If any of the foregoing conditions fail to occur, or if they are, by their terms, to be implemented and maintained over time, if any of such conditions fail to be so implemented and maintained according to their terms, the City shall have the right to revoke or modify all approvals herein granted, deny, or further condition issuance of all fixture building permits, deny, revoke, or further condition all certificates of occupancy issued under the authority of approvals herein granted, institute and prosecute litigation to compel their compliance with said conditions or seek damages for their violation. Failure to satisfy the conditions of this permit may also result in the imposition of civil or criminal penalties. VII. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the Planning Commission that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that any one or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the permit shall be deemed to be automatically revolted and of no further force and effect. PC Resolution PCC -15 -057 January 13, 2016 Page 17 Presented by: Kelly G. Broughton, FASLA Director of Development Services Approved as to form by: Glen R. Googins City Attorney PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA VISTA, CALIFORNIA, this 13th day of January 2016, by the following vote, to -wit: AYES: NOES: ABSENT: ABSTAIN: Yolanda Calvo, Chairperson ATTEST: Patricia Laughlin, Secretary