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Home My WebLink AboutCC RESO 2003 - 105RESOLUTION NO. 2003-105 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE AT WAL-MART, AT 1200 HIGHLAND AVENUE APPLICANT: LARRY THORNBURGH FOR WAL-MART STORES INCORPORATED CASE FILE NO. CUP-2003-12 WHEREAS, the City Council of the City of National City considered a Conditional Use Permit application for the sale of beer and wine at Wal-Mart, at 1200 Highland Avenue at the adjourned regular City Council meeting of August 5, 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-2003-12 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 August 5, 2003, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the approximately 136,000 square foot Wal-Mart store 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 project site is developed with a large retail store and has adequate access available via Highland Avenue and E. Plaza Boulevard, both arterials designed to carry a large volume of traffic, and since the proposed sales are expected to result in a negligible increase in existing traffic to the site. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since conditions of approval will limit the types and sizes of product that can be sold, and prohibit loitering and drinking on the premises. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the addition of beer ands wine sales will allow Wal-Mart to offer a complete variety of products to its customers, similar to other existing large retailers. Resolution No. 2003 — 105 August 5, 2003 Page 2of4 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 at Wal-Mart, at 1200 Highland Avenue. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A and B, Case File no. CUP-2003-12, dated April 16, 2003. 2. 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 alcoholic beverages shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m. 4. The sale of beer shall be prohibited. The sale of malt liquor shall be prohibited (except for flavored malt beverages). 5. No wine, wine coolers or flavored malt beverages shall be sold in containers of less than 750 milliliters, unless sold by four -pack or other manufacturer's pre -packaged multi -unit quantities. 6. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. 7. All alcoholic beverages offered for sale shall be room temperature. 8. Permittee shall post signs on the exterior building walls in compliance with Chapter 10.30.070 of the National City Municipal Code. Additionally, the 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 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. premises." Resolution No. 2003 —105 August 5, 2003 Page 3 of 4 10. All cups and containers shall be sold at or above prevailing prices, disposable cups sold in multi -container packages shall not be offered in quantities fewer than 12, and no cups or containers shall be given free of charge. 11. Ice may be sold only at or about prevailing prices in the area and in quantities of not Tess 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 Exhibits A and B, Case File No. CUP-2003-12, dated April 16, 2003. 13. 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. 14. 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. 15. No coin operated amusement devices shall be operated on the licensed premises. 16. 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. 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. Alcoholic beverages stored in the back of the store to be located in a locked area. Resolution No. 2003 — 105 August 5, 2003 Page 4 of 4 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 5th day of August, 2003. Nick In'Mayor ATTEST: of Mic ael R. Dalla/ ity Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney