HomeMy WebLinkAboutCC RESO 2012-74RESOLUTION NO. 2012 — 74
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
APPROVING A CONDITIONAL USE PERMIT FOR THE SALE OF
BEER AND WINE FOR OFF -SITE CONSUMPTION AT A PROPOSED
7-ELEVEN TO BE LOCATED AT 1539 HIGHLAND AVENUE
WHEREAS, the National City Planning Commission considered a Conditional
Use Permit for the sale of beer and wine for off -site consumption at a proposed 7-Eleven to be
located at 1539 Highland Avenue at a duly advertised public hearing held on February 6, 2012,
at which time oral and documentary evidence was presented; and
WHEREAS, at said public hearing, the Planning Commission considered the staff
report contained in Case File No. 2011-32 CUP, maintained by the City and incorporated herein
by reference along with evidence and testimony from said hearing; and
WHEREAS, the Planning Commission voted to approve the Conditional Use
Permit for the sale of beer and wine for off -site consumption at a proposed 7-Eleven to be located
at 1539 Highland Avenue by a vote of 6 to 1 in favor of approval; and
WHEREAS, a Notice of Determination was before the City Council on February
21, 2012, and a public hearing was set for March 20, 2012; and
WHEREAS, the City Council considered a Conditional Use Permit for the sale of
beer and wine for off -site consumption at a proposed 7-Eleven to be located at 1539 Highland
Avenue at a duly advertised public hearing held on March 20, 2012, 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. 2011-32 CUP, maintained by the City and incorporated herein by
reference along with evidence and testimony from said hearing; and
WHEREAS, this action is taken pursuant to all applicable procedures required by
state and City laws; 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 hearing
held on March 20, 2012, support the following findings:
RECOMMENDED FINDINGS FOR APPROVAL
OF THE CONDITIONAL USE PERMIT
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
Resolution No. 2012 — 74
March 20, 2012
Page Two
use, since Highland Avenue is classified as an arterial street 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.
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 -site sale of beer and wine from a
convenience store located at 1539 Highland Ave. Plans submitted for permits associated
with this project shall conform with Exhibit "A", Case File No. 2011-32 CUP, dated
November 30, 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 to the San Diego County Clerk. Checks shall be made payable to
the County Clerk and submitted to the Planning Division of the National City Development
Services Department.
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 National City 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
Resolution No. 2012 — 74
March 20, 2012
Page Three
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
7. The sale of beer or malt beverages in quantities of quarts, 22-ounces, 32-ounces, 40-
ounces, or similar size containers is prohibited.
8. No beer products shall be sold of less than manufacturer's pre -packaged three -pack
quantities of 24 -unce cans per sale. There shall be no sale of single cans or bottles.
9. No sale of wine shall be sold in containers of Tess than 750 milliliters. The sale of wine with
an alcoholic content greater than 15% by volume is prohibited.
10. 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.
11. 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.
12. 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.
13. 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.
14. The display of alcoholic beverages shall be limited to an area in substantial conformance
with Exhibit A, Case File No. 2011-29 CUP, dated 11/02/2011. In addition, no alcohol shall
be displayed on end caps or featured in the main aisles of the store.
15. 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."
Resolution No. 2012 — 74
March 20, 2012
Page Four
16. Containers of alcohol may not be stored on the premises, after being sold to patrons, for
the purpose of later consumption.
17. 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.
18. 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.
19. All sellers 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 National City business license.
As part of the RBSS training, the permittee shall make available a domestic violence
training session as provided by the Institute of Public Strategies.
20. The sale of alcoholic beverages shall be prohibited between the hours of 12 a.m. and 8
a.m.
21. Coolers containing alcohol products shall be locked and made inaccessible to the public
between the hours of 2:00 a.m. and 6:00 p.m.
22. No coin operated amusement devices shall be operated on the licensed premises. This
restriction is intended to discourage loitering by those interested in or involved in
purchasing alcoholic beverages and do not apply to coin operated rides in the front
vestibule of the store intended to cater to children.
23. As part of this permit, security cameras shall be installed on the premises.
POLICE
24. 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.
Cr: a Gac
City Attorne
Resolution No. 2012 — 74
March 20, 2012
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 20th day of March, 2012.
ATTEST:
u A JC
Michael R. Dall , City Clerk
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OVEDAS T ';iii-'.
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Ron Morrison, Mayor
Passed and adopted by the Council of the City of National City, California, on March 20,
2012 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 CI rk of the ity National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2012-74 the City of National City, California, passed and adopted
by the Council of said City on March 20, 2012.
City Clerk of the City of National City, California
By:
Deputy