HomeMy WebLinkAboutCC RESO 2011-265RESOLUTION NO. 2011 — 265
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
APPROVING A CONDITIONAL USE PERMIT FOR THE CONSTRUCTION
OF A FOOD MART WITH ACCESSORY BEER AND WINE SALES AT
AN EXISTING SHELL GAS STATION AT 1601 EAST 8TH STREET
APPLICANT: VINTNERS DISTRIBUTION, INC.
CASE FILE NO. 2011-03 CUP
WHEREAS, the City Council considered a Conditional Use Permit for the
construction of a food mart with accessory beer and wine sales at an existing gas station
located at 1601 East 8th Street (APN: 557-112-10) at a duly advertised public hearing held on
November 15, 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. 2011-03 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 that the testimony and evidence presented to the City Council at the public
hearings held on November 15, 2011, support the following findings:
1. That the site for the proposed use is adequate in size and shape, since the addition of a
1,030 square -foot convenience store is at an existing developed service station site that
would continue to maintain adequate parking and circulation areas and that the sales area
for beer and wine will be no more than 8 percent, or 53 square feet, of the available sales
area of the proposed convenience store.
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 addition of a convenience store with accessory 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 gas station is located in a developed commercial area, easily accessed by an
adjacent arterial street. Also, conditions of approval controlling the sale of beer and wine
will reduce any 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 mixed -use zone.
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.
Resolution No. 2011 — 265
Page Two
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 construction of a 1,030 square -foot
convenience store and for the sale of beer and wine for off -site consumption at the Shell
Service Station at 1601 East 8th Street. Except as required by Conditions of Approval, all
plans submitted for permits associated with the project shall conform with Exhibit A, Case
File No. 2011-03 CUP, dated 1/26/2011.
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 Division.
3. 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.
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 both shall sign and have notarized an Acceptance Form, provided by 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.
7. Plans submitted for construction shall comply with the 2010 editions of the California
Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and Green Codes.
8. Plans submitted for construction shall comply with the 2010 edition of the California Fire
Code and the 2010 edition of NFPA. All plans shall be directly submitted to the National
City Fire Department through permit and payment.
9. Per NFPA 13 Chapter 7 Section 7.3.2.4 Supervision, sprinkler piping and fire detection
devices shall be automatically supervised where more than 20 sprinklers are on the
system. A fire alarm system required.
Resolution No. 2011 - 265
Page Three
10. A detailed landscape and underground irrigation plan, including plant species, methods of
planting, etc. shall be submitted for review and approval by the Planning Division prior to
issuance of a building permit. The landscape plan shall reflect the use of drought tolerant
planting and water conserving irrigation devices.
11. Building plans shall show details for hardscape on site, including parking lot striping; details
for proposed vinyl fencing; removal of the existing payphone enclosure and screening for
the vapor recovery system located on the east side of the lot.
12. A new door and cover shall be provided for the existing trash enclosure. The finish of the
trash enclosure shall be painted to match other buildings on site.
13. Any proposed rooftop mechanical equipment shall be screened in compliance with the
Land Use Code Section 18.42.04 and corresponding Design Guidelines.
14. Locks shall be installed on all cooler doors and publicly accessible storage areas where
alcoholis displayed for sale. All such areas shall be kept locked excepting during
approved alcohol sales hours.
15. Advertising or sales practices that target youth or offer special holiday promotions shall
be prohibited.
16. The sale of alcoholic beverages shall be limited to between the hours of 8:00 a.m. and
10:00 p.m., seven days a week.
17. All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales
(RBSS) training, including all owners, and managers. The RBSS training must be
certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of
an approved RBSS program must be provided prior to issuance of a city business
license.
18. The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce,
or similar size containers is prohibited.
19. No beer products shall be sold of less than manufacturer's pre -packaged three -pack
quantities of 24 ounce cans per sale. There shall be no sale of single cans or bottles.
20. No sale of wine shall be sold in containers of less than 750 milliliters. The sale of wine with
an alcoholic content greater than 15% by volume is prohibited.
21. Flavored malt beverages, also known as premium malt beverages and flavored malt
coolers, and sometimes commonly referred to as wine coolers, may be sold only by four -
pack or other manufacturer's pre -packaged multi -unit quantities.
22. 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.
Resolution No. 2011 — 265
Page Four
23. 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.
24. 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.
25. The display of alcoholic beverages shall be limited to an area in substantial conformance
with the walk-in cooler as shown on Exhibit "A", Case File No. 2011-03 CUP, dated
January 26, 2011.
26. 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 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 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."
27. Containers of alcohol may not be stored on the premises, after being sold to patrons, for
the purpose of later consumption.
28. 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.
29. 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 Tess 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.
30. 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.
31. As part of this permit, security cameras shall be installed on the premises.
32. Review of this CUP will occur after six months.
BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted
forthwith to the applicant.
Resolution No. 2011 — 265
Page Five
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 6th day of December 011.
ATTEST:
Michael R. Dalla, ty Clerk
APPROVED AS TO FORM:
1s
hvClaudia Gacitua Silva
City Attorney
Morrison, Mayor
Passed and adopted by the Council of the City of National City, California, on
December 6, 2011 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Rios, Sotelo-Solis, Zarate.
Nays: Councilmember Natividad.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
//
City Clerk of the City I City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2011-265 of the City of National City, California, passed and
adopted by the Council of said City on December 6, 2011.
City Clerk of the City of National City, California
By:
Deputy