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HomeMy WebLinkAboutCC RESO 99-190RESOLUTION NO. 99- 190 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT TO ALLOW THE SALE OF DISTILLED SPIRITS IN ADDITION TO THE PERMITTED SALE OF BEER AND WINE AT AN EXISTING GROCERY STORE AT 1750 E. 8s' STREET APPLICANT: DANNY SALMO/SALMOS, INC. CASE FILE NO. CUP-1999-2 WHEREAS, the City Council of the City of National City considered a Conditional Use Permit application to allow the sale of distilled spirits in addition to the sale of beer and wine at an existing grocery store at 1750 E. 8th Street at the regularly scheduled City Council meeting of November 23, 1999, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File No. CUP-1999-2, 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, this 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 November 23, 1999, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the proposed activities will take place in an existing grocery store on a 2.12-acre parcel. 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 proposed use is in an existing grocery store served by 8th Street, an arterial roadway with sufficient capacity to handle traffic to the site, and the proposed use is not expected to generate substantial additional traffic. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the grocery store has been selling beer and wine for several years without adversely affecting the area, and the additional sale of distilled spirits will not substantially change the operation of the store. In addition, the proposed use will be controlled by conditions affecting the sale of beer and wine as well as the sale of distilled spirits. Resolution No. 99- 190 December 7, 1999 Page 2 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will provide opportunities to purchase products that are in demand among consumers. BE IT FURTHER RESOLVED that the application is approved subject to the following conditions: 1. The sale of alcoholic beverages shall be permitted only between the hours of 7:00 a.m. and 10:00 p.m. daily. 2. Beer, malt beverages and wine coolers, in containers of 16 ounces or less, shall not be sold in single containers and may be sold only in manufacturer's pre -packaged multi -unit quantities. 3. The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited. 4. The sale of beer and malt beverages in quantities of less than six per sale is prohibited. 5. The sale of wine in bottles or containers smaller than 750 milliliters is prohibited. 6. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. This prohibition shall not apply to "dinner wines" aged two or more years and maintained in corked bottles. 7. The possession of alcoholic beverages in open containers, and the consumption of alcoholic beverages, is prohibited on the subject premises, and on any property adjacent to the subject premises under the control of the applicant. 8. Cups, glasses, or similar receptacles commonly used for the drinking of beverages may not be sold, furnished with purchase, or given away at the applicant's premises, except in their original multi -container package and in quantities greater than twenty four. 9. Ice may be sold only at or about prevailing prices in the area and in quantities of not less than five pounds per sale. Ice shall not be provided free of charge. 10. The display of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit A, Case File No. CUP-1999-2, dated May 24, 1999. 11. The applicant shall keep the subject premises and any adjacent areas under his/her control clear of newspaper racks, benches, pay telephones which allow incoming calls, and any other object which may encourage loitering. 12. Exterior advertising and signs of all types promoting or indicating the availability of alcoholic beverages or tobacco products, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages, tobacco products, and/or signs which are clearly visible to the exterior shall constitute a violation of this condition. Resolution No. 99- 190 December 7, 1999 Page 3 13. Exit doors must be operable at all times during business hours. Doors shall not be blocked, locked, or obstructed during business hours. 14. Except as required by conditions of approval, development plans shall be submitted for review and approval by the Planning Director in conformance with Exhibit A, Case File No. CUP-1999-2, dated May 24, 1999. 15. 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 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 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 Planning Director prior to recordation. 16. Use of the property as authorized by this Conditional Use Permit shall be limited to a grocery store with the incidental sale of beer, wine, and distilled spirits. 17. 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. 18. 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. 19. Before this Conditional Use Permit becomes effective, the flag standards located around the perimeter of the roof shall be removed and any resultant holes in the exterior walls shall be patched and painted to match the building. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant; and, BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the 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. --- Signature Page to Follow --- Resolution No. 99- 190 December 7, 1999 Page 4 PASSED and ADOPTED this 7" day of December, 1999. /v.� AZ't! • George H aters, Mayor ATTEST: Mic • R. Dal City Clerk APPROVED AS TO FORM: George R Eiser, III City Attorney