HomeMy WebLinkAboutCC RESO 97-37RESOLUTION NO. 9 7— 3 7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NATIONAL CITY, CALIFORNIA, APPROVING A
CONDITIONAL USE PERMIT APPLICATION FOR
MODIFICATION OF CONDITIONAL USE PERMIT 1990-5 TO
ADD THE SALE OF DISTILLED SPIRITS TO THE EXISTING
SALE OF BEER AND WINE WITHIN A SUPERMARKET AT
1420 E. PLAZA BOULEVARD, SUITE C.
APPLICANT: FORTUNE COMMERCIAL CORPORATION
CASE FILE NO.: M1-CUP-1990-5
WHEREAS, an appeal to the City Council of the Planning Commission's denial of an
application for a Conditional Use Permit to modify Conditional Use Permit-1990-5 to add the
sale of distilled spirits to the existing sale of beer and wine within a supermarket at 1420 E. Plaza
Boulevard, Suite C, was considered by the City Council of the City of National City at a public
hearing held on March 25, 1997, at which time oral and documentary evidence was presented;
and,
WHEREAS, at said public hearing the City Council considered the staff report contained
in Case File No. MI-CUP-1990-5, which is maintained by the City, and incorporated herein by
reference; and,
WHEREAS, this action is taken pursuant to all applicable procedures required by State
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 City Council of the City of National
City, California, that the testimony and evidence presented to the City Council at the public
hearing held on March 25, 1997, support the following findings:
1. That the site for the proposed use is adequate in size and shape, since the area proposed
for the use consists of a 21,000 square foot supermarket within a 42,625 square foot
commercial building located on 2.60 acres with adequate parking facilities, and the
addition of the sale of distilled spirits with beer and wine will not affect the space needs
of the supermarket.
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 the site is located on East Plaza Boulevard with adequate access provided by Bay
Plaza Shopping Center parking lots, and the sale of distilled spirits with beer and wine at
the supermarket will not have a noticeable effect on traffic in the surrounding area.
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Resolution No.:
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3. That the proposed use will not have an adverse effect upon adjacent or abutting
properties, since the supermarket is oriented away from residences on the south and east
of the shopping center, and the sale of distilled spirits with beer and wine within a
supermarket for off -site consumption will be an incidental use to the sale of groceries.
4. That the proposed use is deemed essential and desirable to the public convenience or
welfare, since it will provide beer, wine and distilled spirits at a single location thereby
eliminating the need for multiple stops for shoppers of the supermarket.
BE IT FURTHER RESOLVED that the application for Conditional Use Permit is
approved subject to the following conditions:
1. The possession of alcoholic beverages in open containers and the consumption of
alcoholic beverages is prohibited on or around the premises.
2. No alcoholic beverages shall be consumed on the subject property or on any adjacent
property under the control of the licensee.
3. There shall be no cups, glasses, or similar receptacles commonly used for drinking of
beverages, sold, furnished, or given away at the licensed premises in quantities of less
than twenty-four in their original multi -container package.
4. All ice shall be sold at or about prevailing prices in the area and in quantities of not less
than five pounds per sale and shall not be given away free.
5. Wine shall not be sold in bottles or containers smaller than 750 ml, and wine -coolers,
beer -coolers, or premixed distilled spirit cocktails must be sold in manufacturer pre-
packaged multi -unit quantities.
6. No wine shall be sold with an alcoholic content of greater than 15% by volume except
for "dinner wines" that have been aged two years or more and maintained and sold in
corked bottles.
7. The sale of beer or malt beverages in quantities of quarts, 22 oz., 32 oz., or similar size
containers is prohibited. No beer or malt beverage shall be sold in quantities of less
than six per sale.
There shall be no sale of beer, wine or distilled spirits other than during the business
hours previously approved by Conditional Use Permit-1990-5 (7:30 a.m. to 11:00
p.m.).
9. The display of alcoholic beverages shall be limited to an area not exceeding 250 square
feet in size as shown in Exhibit A, Case File No. M1-CUP-1990-5, dated 12/17/96.
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10. All conditions of approval set forth in Planning Commission Resolution 23-90 shall
remain applicable and in force, unless specifically modified herein.
11. The applicant shall satisfy all necessary requirements of the State Department of
Alcoholic Beverage Control prior to Modification of Conditional Use Permit No. 1990-
5 becoming effective.
12. Before this Conditional Use Permit shall become effective, the applicant shall sign and
have notarized an Acceptance Form, provided by the Planning Department,
acknowledging and accepting all conditions imposed upon 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 Planning 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 M1-CUP-1990-5 are binding on all
present and 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
Planning Director prior to recordation.
13. The use of the property authorized by this permit shall be limited to a supermarket with
the sale of alcoholic beverages as an incidental use.
14. 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
Section 18.116.190 of the Municipal Code.
BE IT FINALLY RESOLVED that this Resolution shall become effective and final on
the day following the City Council meeting where the City Council resolution is adopted. The
time within which judicial review of this decision may be sought is governed by the provisions
of Code of Civil Procedure Section 1094.6.
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PASSED and ADOPTED this 1st day of April, 1997.
ATTEST:
MIC AEL R. D A, CITY CLERK
APPROVED AS TO FORM:
GEORGE H. I ISER,
III - CITY ATTORN Y
GEORGE Iq'. WATERS, MAYOR