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Home My WebLink AboutCC RESO 2003 - 60RESOLUTION NO. 2003 — 60 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE AT THE 7 DIAS MARKET AT 151 NORTH HIGHLAND AVENUE, IN HIGHLAND VIEW TOWNE CENTER APPLICANT: ANDY HANNA CASE FILE NO. CUP-2003-1 WHEREAS, the City Council of the City of National City considered a Conditional Use Permit application for the sale of beer and wine at the 7 Dias market at151 North Highland Avenue, in the Highland View Towne Center at the regularly scheduled City Council meeting of April 15, 2003, 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-2003-1 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 April 15, 2003, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the existing market has ample room available for the incidental sale of beer and wine. 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 already developed as a market and has adequate access via North Highland Avenue/43`d Street, an arterial, and the applicant has stated that the majority of his customers live nearby and walk to the market. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since conditions of approval will limit the hours of operation, the size and types of containers, and loitering and drinking on the premises. Resolution No. 2003 — 60 May 6, 2003 Page Two 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the addition of beer and wine sales will allow the applicant to provide a wider range of products, similar to larger chain supermarkets, and the new use will allow local customers to complete their shopping at one store rather than having to go elsewhere to purchase alcohol. 5. That public convenience and necessity may 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 is approved subject to the following conditions: 1. This Conditional Use Permit authorizes the sale of beer and wine for off - site consumption within a 3,000 square foot market, and shall conform with Exhibit A, Case File No. CUP-2003-1, dated January 15, 2003, except as modified by conditions of approval. 2. Permittee shall comply with all regulatory provisions of the Business and Professions Code, Sections 25600 through 25667, currently in effect or as may be amended, regarding sales, displays and marketing or merchandising of alcoholic beverages. 3. Approval of this permit shall allow the sale of beer and wine for off - site consumption only, the sale of all other alcoholic beverages at the site shall not be allowed in any form. 4. The sale of beer and wine shall be permitted only between the hours of 8:00 a.m. and 11:00 p.m. 5. The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited. 6. 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. 7. No wine 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. 8. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. Wine sold shall have corked bottles, not screw -off caps. Resolution No. 2003 — 60 May 6, 2003 Page Three 9. 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." 10. 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. 1 1 . All cups and containers shall be soldat 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. 12. 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. 13. The display of beer and wine shall be limited to an area in substantial conformance with Exhibit A, Case File No. CUP-2003-1, dated January 15, 2003. 14. Containers of beer and wine may not be stored on the premises, after being sold to patrons, for the purpose of later consumption. 15. 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. 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 beer and wine and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 17. The quarterly gross sales of beer and wine 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 beer and wine 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. Resolution No. 2003 - 60 May 6, 2003 Page Four 18. No coin operated amusement devices shall be operated on the licensed premises. 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 18.1 16.190 of the Municipal Code. 20. 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. 21. This Conditional Use Permit shall expire two years from the date of adoption of this resolution. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. 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 6' day of May, 2003. NickV nz ayor ATTEST: ry A, Mich el Dalla, Cij`j(' Clerk APPROVED AS TO FORM: George H. Eiser, III, City Attorney