HomeMy WebLinkAboutCC RESO 2000-14 (20)RESOLUTION NO. 2000-146
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
APPROVING A CONDITIONAL USE PERMIT TO
ALLOW ALCOHOL SALES AT THE RELOCATED
WRIGLEY'S MARKET AT 34 N. EUCLID AVENUE.
(APPLICANT: SAM ARABO. CASE FILE NO. CUP-2000-20)
WHEREAS, the City Council of the City of National City considered a
Conditional Use Permit application to allow alcohol sales at the relocated Wrigley's Market at 34
N. Euclid Avenue at the regularly scheduled City Council meeting of October 24, 2000 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-2000-20 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 October 24, 2000 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 a 19,697 square foot store, located in an existing shopping center on a 6.15
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 facility served by Euclid Avenue and Division Street,
arterial roadways with sufficient capacity to handle traffic to the site.
3. That the proposed use will not have an adverse effect upon adjacent or abutting properties,
since the business is re -locating to another location in the same shopping center, and will not
result in any change of use for the shopping center. It will also occupy space previously
used by a large drug store.
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, and alcohol is often available for sale at large grocery stores or
supermarkets.
Resolution No. 2000-146
Page 2
BE IT FURTHER RESOLVED that the application is approved subject to the
following conditions:
1. This Conditional Use Permit authorizes the sale of beer, wine and distilled spirits in a retail
supermarket, for off -site consumption, and except as required by conditions of approval,
shall conform with Exhibit A, Case File No. CUP-2000-20, dated July 14, 2000.
Permittee shall comply with all regulatory provisions of the Business and Professions Code,
section 25600 through 25667, currently in effect or as may be amended, regarding sales,
displays and marketing or merchandising of alcoholic beverages.
3. The sale of alcoholicbeverages shall be permitted only between the hours of 7:00 a.m. and
11:00 p.m.
4. The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or
similar size containers is prohibited.
5. No beer and malt beverage products shall be sold of less than six-pack quantities per sale.
There shall be no sale of single cans or bottles.
6. No sale of wine or distilled spirits shall be sold in containers of less than 750 milliliters,
except for wine coolers. Wine coolers may be sold only by four -pack or other
manufacturer's pre -packaged multi -unit quantities.
7. The sale of wine with an alcoholic content greater than 15% by volume is prohibited.
8. Permittee shall post signs, to be approved by the Planning Department, at each entrance to
the applicant's premises and parking lot, prohibiting loitering and consumption of alcohol
on the premises and adjacent property under his control. Said signs shall not be less than 17
by 22 inches in size, with lettering not less than one inch in height. The signs shall read as
follows:
a. "No open alcoholic beverage containers are allowed on these premises."
b. "No loitering is allowed on or in front of these premises."
9. The consumption of alcoholic beverages is prohibited on the subject premises, and on all
parking lots and outbuildings and any property or adjacent property under the control of the
applicant.
10. All cups and containers shall be sold at or above prevailing prices and in their original multi -
container packages of no fewer than 12, and no cups and containers shall be given free of
charge.
Resolution No. 2000-146
Page 3
11. Ice may be sold only at or about prevailing prices in the area and in quantities of not
less than three pounds per sale. Ice shall not be provided free of charge.
12. The display of alcoholic beverages shall be limited to an area in substantial conformance
with Exhibit A, Case File No. CUP-2000-20, dated July 14, 2000.
13. Containers of distilled spirits may not be stored on the premises, after being sold to patrons,
for the purpose of later consumption.
14. The rear door(s) of the premises shall be kept closed at all times during the operation of the
business except in case of deliveries or emergencies.
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 clearly visible to
the exterior, shall constitute a violation of this condition.
16. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other
commodities during the same period. The applicant shall at all times keep records which
reflect separately the gross sales of alcoholic beverages and the gross sales of all other items.
Said records shall be kept no less frequently than on a quarterly basis and shall be made
available to the City Finance Department and any Peace Officer of the California
Department of Alcoholic Beverage Control upon demand.
17. No coin operated amusement devices shall be operated on the licensed premises.
18. 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 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.
Resolution No. 2000-146
Page 4
19. 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 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.
PASSED and ADOPTED this 14th day of November, 2000.
George H. W ters, Mayor
ATTEST:
1LA
MilR. Dalla, City Clerk
APPROVED AS TO FORM:
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George H. Eiser, III
City Attorney