HomeMy WebLinkAboutCC RESO 2011-107RESOLUTION NO. 2011 — 107
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
APPROVING A CONDITIONAL USE PERMIT FOR THE SALE OF
BEER AND WINE AT A PROPOSED CONVENIENCE STORE
LOCATED AT 151 NORTH HIGHLAND AVENUE
CASE FILE NO. 2011-08 CUP
APN: 551-570-20
WHEREAS, the City Council considered a Conditional Use Permit for the sale of
beer and wine at a proposed convenience store at 151 North Highland Avenue at a duly
advertised public hearing held on May 17, 2011, 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. 2011-08 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 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 that the testimony and evidence presented to the City Council at the public
hearings held on May 17, 2011, support the following findings:
1. That the site for the proposed use is adequate in size and shape, since the proposed use is
an accessory use to an existing convenience store use in an existing commercial area, and
the sale of beer and wine is not expected to increase the demand for parking on the
property.
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 Highland Avenue and Division Street are classified as arterial streets in the
Circulation Element, 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 proposed use will be compatible with other nearby businesses; and since the
proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours
that it will be available.
4. That the proposed use is deemed essential and desirable to the public convenience and
welfare, since it will contribute to the viability of a convenience store, an established and
allowed use in the applicable commercial zone.
5. That public convenience and necessity may be served by a proposed use of the property
for the retail sales of alcoholic beverages pursuant to law.
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Resolution No. 2011 —107
May 17, 2011
Page Two
BE IT FURTHER RESOLVED that the application for Conditional Use Permit is
approved subject to the following conditions:
GENERAL
1. This Conditional Use Permit authorizes the off -sale of beer and wine from a convenience
store located at 151 North Highland Avenue. Plans submitted for permits associated with
this project shall conform with Exhibits "A" and "B", Case File No. 2011-08 CUP, dated
February 18, 2011.
2. Within four (4) days of approval, pursuant to Fish and Game Code 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.
3. This permit shall become null and void if not exercised within one (1) year after adoption of
the Resolution of approval, unless extended according to the procedures specified in
Section 18.116.190 of the Municipal Code.
4. 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.
5. This Conditional Use Permit may be revoked if the operator is found to be in violation of
Conditions of Approval.
6. Before this Conditional Use Permit shall become effective, the applicant and the property
owner shall both sign and have notarized an Acceptance Form, provided by the Planning
Division of the Development Services Department (the "Planning Division"), 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 Development Services 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 Development Services Director
prior to recordation.
PLANNING
1. The sale of alcoholic beverages shall be limited to between the hours of 6:00 a.m. and
12:00 a.m. seven days a week.
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Resolution No. 2011 — 107
May 17, 2011
Page Three
2. 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, Responsible Hospitality Coalition, or
other training approved by the Department of Alcoholic Beverage Control or the National
City Police Department. Permittee shall make available domestic violence training
provided by the Institute of Public Strategies.
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. 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. Sales of three -packs of 24 ounce beer cans
will be permitted at such time as the City Council enacts a policy permitting such sales.
5. 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.
6. The sale of wine with an alcoholic content greater than 15% by volume is prohibited.
7. Permittee shall post signs on the exterior building walls facing a parking lot in compliance
with Section 10.30.070 of the National City Municipal Code. Additionally, the permittee
shall post signs approved by the Planning Division, at each entrance to the applicant's
premises and parking lot, prohibiting loitering and consumption of alcohol on the premises
and adjacent property under applicant's control. Said signs shall not be less than 18 by 24
inches 18" x 24") 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."
8. 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.
9. 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.
10. 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.
11. The display of alcoholic beverages shall be limited to an area in substantial conformance
with Exhibit "B", Case File No. 2011-08 CUP, dated February 18, 2011.
12. Coolers containing alcohol products shall be locked and made inaccessible to the public
between the hours of 12:00 a.m. and 6:00 a.m.
Resolution No. 2011 —107
May 17, 2011
Page Four
13. Containers of beer and wine may not be stored on the premises, after being sold to
patrons, for the purpose of later consumption.
14. 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. There shall be no excessive
advertising and/or marketing that targets youth or holidays.
15. 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 National City Finance Department and any Peace Officer of
the California Department of Alcoholic Beverage Control upon demand.
POLICE
6. Permittee shall comply with all regulatory provisions of the Business and Professions Code
that pertain to the sale, display, and marketing or merchandising of alcoholic beverages.
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 17th day of May, 2011.
on Morrison, Mayor
ATTEST:
Mi ael R. Dal , City Clerk
ROVED A ; TO FORM:
dia G. Silva
i y Attorney
Passed and adopted by the Council of the City of National City, California, on May 17,
2011 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
/i ) Q,
CI of the City of tional
City City, California
By:
Deputy
1 HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2011-107 of the City of National City, California, passed and
adopted by the Council of said City on May 17, 2011.
City Clerk of the City of National City, California
By:
Deputy