HomeMy WebLinkAboutCC RESO 2008-251RESOLUTION NO. 2008 — 251
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
APPROVING A CONDITIONAL USE PERMIT
FOR THE EXPANSION OF A FOOD MART AND
FOR ACCESSORY BEER AND WINE SALES
AT AN EXISTING GAS STATION LOCATED
AT 1803 HIGHLAND AVENUE
APPLICANT: FRED KARIM
CASE FILE NO. 2008-25 CUP
WHEREAS, the City Council of the City of National City considered a Conditional
Use Permit for the expansion of a food mart and for accessory beer and wine sales at an
existing gas station at 1803 Highland Avenue (APN: 561-171-18). at a duly advertised public
hearings held on November 18, 2008, 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. 2008-25 CUP maintained by the City and incorporated herein by
reference along with evidence and testimony at said hearing; and
WHEREAS, this action is taken pursuant to all applicable procedures required by
State law 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 hearings held on November 18, 2008, support the following findings:
1. That the site for the proposed use is adequate in size and shape, since the addition to the
existing mini -mart is within an existing building and that the sales area for beer and wine will
be no more than 20 percent, or 130 square feet, of the available sales area.
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 gas station is existing and the expansion of an existing mini -mart and the
addition of alcohol sales is not expected to result in an appreciable increase in traffic.
3. That the proposed use will not have an adverse effect upon adjacent or abutting properties,
since the mini -mart already exists and is located in a developed commercial area. Also,
conditions of approval controlling the sale of beer and wine will reduce the potential for
adverse effects.
4. That the proposed use is deemed essential and desirable to the public convenience and
welfare, since it will contribute to the viability of the service station, an established and
allowed use in the applicable commercial zone, and will discourage pre-existing
nonconforming uses that do not comply with all of the City's current standards for regulating
establishments that sell alcoholic beverages.
5. That the major design enhancement of the property will contribute to the viability of an
existing older business and to other local businesses along the Highland Avenue
commercial corridor.
Resolution No. 2008 — 251
December 2, 2008
Page 2
6. 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 for Conditional Use Permit is
approved subject to the following conditions:
1. This Conditional Use Permit authorizes the 404 square -foot expansion of a mini -mart and
for the sale of beer and wine for off -site consumption at the Highland Service Station
located at 1803 Highland Avenue. Except as required by Conditions of Approval, all plans
submitted for permits associated with the project shall conform with Exhibit A, Case File
No. 2008-25 CUP, dated June 30, 2008.
2. A detailed landscape and underground irrigation plan, including plant species, methods of
planting, etc. shall be submitted for review and approval by the Planning Director prior at
building permit. The landscape plan shall reflect the use of drought tolerant planting and
water conserving irrigation devices, as well as details for hardscape on site, including
parking lot striping. The plans shall also show details for the trash enclosure, including a
door and cover. The finish of the trash enclosure shall be painted to match other building on
site.
3. Exterior colors for the mini -mart and auto repair building shall be shown on building permit
�.. plans.
4. Plans must comply with the 2007 editions of the California Building Code, the California
Mechanical Code, the California Plumbing Code, the California Electrical Code,
California Fire Code and California Title 24 energy and handicapped regulations.
5. Permittee shall comply with all regulatory provisions of the Business and Professions Code,
Section 23790.5 (d) (1) through (6), and Section 25612.5 — Retail Operating Standards.
Any violation of the aforementioned code sections constitutes a violation of the Conditional
Use Permit.
6. The sale of alcoholic beverages shall be permitted only between the hours of 8:00 a.m. and
12:00 a.m.
7 All persons who will be selling alcoholic beverages shall receive L.E.A.D. (Licensee
Education on Alcohol and Drugs) training in Responsible Beverage Service from the
State Department of Alcoholic Beverage Control or Responsible Hospitality Coalition.
8. The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce,
or similar size containers is prohibited.
9. 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.
10. No sale of 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.
Resolution No. 2008 — 251
December 2, 2008
Page 3
11. The sale of fortified or wine with an alcoholic content greater than 15% by volume is
prohibited.
12. The building plans shall indicate the placement of signs on each exterior building wall of the
licensed premises that faces a vehicle parking lot, in compliance with Chapter 10.30.070 of
the National City Municipal Code that reads: "WARNING It is unlawful to drink an alcoholic
beverage or to posses an open alcoholic beverage container in public or in a public parking
lot. NCMC 10.30.050 and 10.30.060." The signs shall be installed prior to certificate of
occupancy for the addition.
13. Signs shall be posted at each entrance to the applicant's premises prohibiting loitering on
or in front of the premises. The signs shall be installed prior to certificate of occupancy for
the addition.
14. 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.
15. 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. ,
16. 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.
17. 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.
18. 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.
19. 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.
20. No coin operated games or other devices of entertainment shall be operated on the
licensed premises.
21. The maximum display area allowed for the sale of alcohol is 130 square feet and shall be
located only within the walk-in cooled storage and coolers as shown on Exhibit A, Case
File No. 2008-25 CUP, dated June 30, 2008.
Resolution No. 2008 — 251
December 2, 2008
Page 4
22. Within four (4) days of approval, pursuant to Fish and Game Code Section 711.4 and the
California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all
necessary environmental filing fees for the San Diego County Clerk. Checks shall be made
payable to the County Clerk and submitted to the National City Planning Department.
23. 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.
24. 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.
25. 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.
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 2nd day of December, 2008.
ATTEST:
Mic ael R. Dalla, Ci ' Clerk
Ron Morrison, MayT
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City, California, on
December 2, 2008 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Parra, Zarate.
Nays: Councilmember Natividad.
Absent: None.
Abstain: Councilmember Sotelo-Solis.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
A
a/
City C erk of the ity of ational City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2008-251 of the City of National City, California, passed and
adopted by the Council of said City on December 2, 2008.
City Clerk of the City of National City, California
By:
Deputy