HomeMy WebLinkAboutCC RESO 2012-89NOT ADOPTED
RESOLUTION NO. 2012-89
A "RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY APPROVING A
CONDITIONAL USE PERMIT FOR THE ADDITION
OF LIQUOR SALES TO AN EXISTING BEER AND
WINE LICENSE AT WAL-MART LOCATED AT
1100 HIGHLAND AVENUE."
(Development Services / Planning)
This Resolution was not adopted at the National City City Council /
Community Development Commission - Housing Authority of the
City of National City Regular Meeting of April 17, 2012.
April 19, 2012
Michael R. Dd la, CMC
City Clerk
City of National City
•
•
NOT ADOPTED
RESOLUTION NO. 2012 — 89
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
APPROVING A CONDITIONAL USE PERMIT FOR THE ADDITION
OF LIQUOR SALES TO AN EXISTING BEER AND WINE LICENSE
AT WAL-MART LOCATED AT 1100 HIGHLAND AVENUE.
WHEREAS, the Planning Commission considered a Conditional Use Permit for
the addition of liquor sales to an existing beer and wine license at Wal-Med at 1100
Highland Avenue, at duly advertised public hearings held on February nd M.0 5, 2012, at
which time oral and documentary evidence was presented; and
WHEREAS, at said public hearing, the Planning
report contained in Case File No. 2011-29 CUP, maintained by
by reference, along with evidence and testimony from said h
WHEREAS, the Planning Commission vot
Permit for the addition of liquor sales to an existing be
at 1100 Highland Avenue, by a vote of 5 to 2 in favor
nsidered the staff
corporated herein
the Conditional Use
ne lic=nse at Wal-Mart, located
val; and
WHEREAS, a Notice of Determin. <i `<v ;..... ire the City Council on March 20,
2012, and a public hearing was set for April 17,
WHEREAS, the City Council
addition of liquor sales to an existing bee
public hearing held on April 17, 2012, a
presented; and
WHEREAS, at said
contained in Case File No. 2011-29
reference along with evidenc and tes
onditional Use Permit for the
cense at Wal-Mart at a duly advertised
oral and documentary evidence was
g, the City Council considered the staff report
aintained by the City and incorporated herein by
ny from said hearing; and
WHEREA A'`=; action is taken pursuant to all applicable procedures required by
state and City laws; and
WH ;' A ;.tzj action recited herein is found to be essential for the preservation
of public health, sa'"! :. and _; eral welfare.
National Ci
held on Apri
FORE, BE IT RESOLVED by the City Council of the City of
timony and evidence presented to the City Council at the public hearing
upport 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 approximately
136,000 square -foot Wal-Mart store has ample room available for the incidental sale of
beer and distilled spirits in addition to existing wine sales.
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
Resolution No. 2012 — 89 NOT ADOPTED
April 17, 2012
Page Two
the project site is developed with a large retail store and the proposal will not increase the
traffic since the sale of beer and distilled spirits would be incidental to the overall goods
sold.
3. That the proposed use will not have an adverse effect upon adjace
since conditions of approval will limit the sale of less than a three
not offer chilled beer which will discourage drinking and loiterin
ing properties,
and would
es.
4. That the proposed use is deemed essential and desirable t! e k: lic:: o venience, since
the addition of beer and distilled spirits sales will allow W.:.. :: . o a complete variety
of products to its customers, similar to other existing lar
BE IT FURTHER RESOLVED that the appli :ion w *. ditional Use Permit is
approved subject to the following conditions:
GENERAL
1. This Conditional Use Permit authorizes t
consumption at Wal-Mart, located at 110
by this Resolution or subsequent Co
City Council Resolution 2003-105,
Approval, all plans submitted for
Exhibit A -Revised, Case File No.
2. Before this Conditional Use
owner both shall sign and hay
Division, acknowledgi and ac
permit. Failure to re
receipt shall auto
submit evidence t
Restriction on
necessary r
that conditio
present
shall be a
Dev
er and distilled spirits for off -site
venue. Unless specifically modified
Conditions of Approval as stated in
ect. Except as required by Conditions of
iated with the project shall conform with
P, dated February 22, 2012.
ecome effective, the applicant and the property
rized an Acceptance Form, provided by the Planning
ing all conditions imposed upon the approval of this
the sign and notarized Acceptance Form within 30 days of its
terminate the Conditional Use Permit. The applicant shall also
action of the Development Services Director that a Notice of
ope is recorded with the County Recorder. The applicant shall pay
s to the County. The Notice of Restriction shall provide information
by approval of the Conditional Use Permit are binding on all
t holders or estate holders of the property. The Notice of Restriction
s to form by the City Attorney, and signed by the Community
ctor prior to recordation.
3. Within fo"'; 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 National City Planning Department.
4. 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 Title 18 of the
Municipal Code.
Resolution No. 2012 — 89 NOT ADOPTED
April 17, 2012
Page Three
5. 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.
6. This Conditional Use Permit may be revoked if the operator is foun
the Conditions of Approval.
PLANNING
7. The sale of beer or malt beverages in quantities of quarts
ounces, or similar size containers is prohibited.
8.
9.
10.
violation of
No beer products shall be sold of less than manufac er's s +ackaged three -pack
quantities of 24-ounce cans per sale. There shall ale o `ingle cans or bottles.
No sale of wine shall be sold in containers of les _"` 750 milliliters. The sale of wine with
an alcoholic content greater than 15% by v
Flavored malt beverages, also known a
coolers, and sometimes commonly r
pack or other manufacturer's pre-p
11. The consumption of alcoholic beve
parking lots and outbuildings
applicant.
alt beverages and flavored malt
ine coolers, may be sold only by four-
u' i=unit quantities.
ohibited on the subject premises and on all
rty or adjacent property under the control of the
12. All cups and containe shall be d at or above prevailing prices and in their original multi -
container packages ►< o fewer t n 12, and no cups and containers shall be given free of
charge.
13. Ice may be so
than three p
14. The dis
with Exhi
no a
ut prevailing prices in the area and in quantities of not less
ale. Ice shall not be provided free of charge.
beverages shall be limited to an area in substantial conformance
d, Case File No. 2011-29 CUP, dated February 22, 2012. In addition,
e displayed on end caps or featured in the main aisles of the store.
15. Permitte ;;.,ll post signs on the exterior building walls in compliance with Chapter
10.30.070 o'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 inches 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 — 89 NOT ADOPTED
April 17, 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 ext- zwithin, are
prohibited. Interior displays of alcoholic beverages and signs, whi're cl- y visible to the
exterior, shall constitute a violation of this condition.
18. The quarterly gross sales of alcoholic beverages shall not
other commodities during the same period. The applican
which reflect separately the gross sales of alcoholic be
other items. Said records shall be kept no less frequ
shall be made available to the City Finance Depart
California Department of Alcoholic Beverage Co ;<',, • n
19. All sellers of alcohol shall receive Responsible
training, including all owners, and manag
Department of Alcoholic Beverage Cont
RBSS program must be provided prior t
As part of the RBSS training, the pe
training session as provided by t
20. The sale of alcoholic beverages sh
8:00 a.m.
21. In the event the store operate
entrance and exit of th beer an
non -alcohol sales h
22. All points of sale s
during non -al
23. All bottles o
bottle fr.:;:..b
the produ
to s
s sales of all
s keep records
ges a gross sales of all
on a quarterly basis and
Peace Officer of the
de nd.
age Service and Sales (RBSS)
training must be certified by the
roof of completion of an approved
of a National City business license.
ake available a domestic violence
ublic Strategies.
bited between the hours of 10:00 p.m. and
urs a day, security gates will be installed at each
ne display aisle, and shall be closed and locked during
all b°€°r;>••rammed so that no alcohol transaction may be processed
les h. trs.
rits shall be secured with a locking security cap preventing the
d. The caps shall not be removed except by a store employee after
sold. Said bottles shall be stored within a locked area accessible only
24. Distilled _ - shall be sold in containers of no less than 750 milliliters.
25. The use of refrigerated coolers for alcoholic beverages, including beer, wine and distilled
spirits shall be prohibited.
26. 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.
Resolution No. 2012 — 89 NOT ADOPTED
April 17, 2012
Page Five
POLICE
27. 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 Resol
forthwith to the applicant.
BE IT FURTHER RESOLVED that this Resolution
the day following the City Council meeting where the Resolutio
judicial review of this decision may be sought is governed by
Section 1094.6.
PASSED and ADOPTED this 17th day .$: 2012.
ATTEST:
Michael R. Della, City Clerk
APPROVED AS TO FO
Claudia Gacitua Sil
City Attorney
transmitted
e effective and final on
he time within which
of Code of Civil Procedure
Ron Morrison, Mayor