HomeMy WebLinkAboutCC RESO 2012-97NOT ADOPTED
RESOLUTION NO. 2012-97
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 May 1, 2012.
May 10, 2012
N
Michael R. DIla, CMC
City Clerk
City of National City
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•
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RESOLUTION NO. 2012 — 97
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, Wal-Mart has been operating with a license for off -site beer
and wine sales, as issued by the California Department of Alcoholi rage Control,
since 2003, for which a Conditional Use Permit (CUP-2003-12) w iss and
WHEREAS, said Conditional Use Permit allowe e s ine but
prohibited the sale of beer or malt beverages; and
WHEREAS, Wal-Mart applied for a modifi
in order to add beer sales, but withdrew the applicatio
WHEREAS, at the time of the propo
beer, there were instances of beer sales at Wa
Use Permit previously approved by the City.
WHEREAS, Wal-Mart applied
Permit for the addition of beer and distilled
prohibited beer sales); and
WHEREAS, the Planni
Permit for the addition of liquor s
located at 1100 Highland Avenu
and March 5, 2012, at which time
-2003-12 in 2008
completion; and
ification for the sale of
onsistent with the Conditional
ification to their Conditional Use
es to their existing CUP (which
sion considered a Conditional Use
sting beer and wine license at Wal-Mart
vertised public hearings held on February 6
documentary evidence was presented; and
WHEREAS.0 said pu: is hearing, the Planning Commission considered
the staff report contain: vwase File No. 2011-29 CUP, maintained by the City and
incorporated herein b efer- > M;- along with evidence and testimony from said hearing;
and
Use Permit fo
Mart locate
e Planning Commission voted to approve the Conditional
of liquor sales to an existing beer and wine license at Wal-
ighland Avenue by a vote of 5 to 2 in favor of approval; and
REAS, a Notice of Determination was before the City Council on
March 20, 2012, d a public hearing was set for April 17, 2012; and
WHEREAS, the City Council considered 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 at a duly advertised public hearing held on April 17, 2012, at which
time oral and documentary evidence was presented; and
Resolution No. 2012 — 97
May 1, 2012
Page Two
WHEREAS, during the April 17, 2012 public hearing, concerns were
raised by members of the public regarding the secondary impacts of distilled spirits
sales, including domestic violence and the attraction of or enabling of the local
homeless population; and
WHEREAS, at said public hearing, the City Coun
report contained in Case File No. 2011-29 CUP, maintained b
incorporated herein by reference along with evidence and t
and
the staff
said hearing;
WHEREAS, this action is taken pursuanplicble procedures
required by state and City laws; and
WHEREAS, the action recited her-ynd to be essential for the
preservation of public health, safety, and gene
NOW, THEREFORE, BE IT R r:OLV€ by the City Council of the City of
National City that the testimony and eviden �.a
ed to the City Council at the public
hearing held on April 17, 2012, suppo _''° sue: h findings:
RECOMMENDEDFOR APPROVAL OF
THE
1. That the site for the propos
approximately 136,010 squa
the incidental sale °•eer
DI .'A."'L USE PERMIT
adequate in size and shape, since the
of Wal-Mart store has ample room available for
n addition to existing wine sales.
2. That the site has u i; access to streets and highways that are adequate in
�+ u. ' als5:a
width and p."i:_< type ` o carry the volume and type of traffic generated by the
proposed u sine e project site is developed with a large retail store and the
proposa wi .•t in. ase the traffic since the sale of beer would
be inc i•' ::h::':verall goods sold.
3. Tha ",}"; -d use will not have an adverse effect upon adjacent or abutting
prope ince conditions of approval will limit the sale of less than a three -pack
of beer an would not offer chilled beer which will discourage drinking and loitering
on the premises.
4. That the proposed use is deemed essential and desirable to the public
convenience, since the addition of beer anddisti"ed spirits sales will allow Wal-Mart
to offer a complete variety of products to its customers, similar to other existing
large retailers.
Resolution No. 2012 — 97
May 1,2012
Page Three
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 sale of beer for
Wal-Mart, located at 1100 Highland Avenue. Unless spe
resolution or subsequent Codes, all previous Conditio
City Council Resolution 2003-105 are still in effect.
Conditions of Approval, all plans submitted for pe
shall conform with Exhibit A -Revised, Case File
22, 2012.
umption at
ed by this
as stated in
ired by
d with the project
UP, dated February
2. The sale of distilled spirits shall be prohibit R s this Conditional Use Permit is
modified to allow such sales in the future
3. Before this Conditional Use Permit sh
property owner both shall sign and ha
by the Planning Division, ackno
the approval of this permit. Fai
Form within 30 days of its recei
Permit. The applicant sh
Development Services Dir
recorded with the County R
fees to the County. s, e Noti
4.
conditions impose
present or futur
Restriction sh_
Developme
Within f.. r
California;
nec���=a-
be m'" •
Departm
ay
effective, the applicant and the
d an Acceptance Form, provided
accepting all conditions imposed upon
n the signed and notarized Acceptance
tomatically terminate the Conditional Use
evidence to the satisfaction of the
Notice of Restriction on Real Property is
er. The applicant shall pay necessary recording
f Restriction shall provide information that
approva of the Conditional Use Permit are binding on all
holders or estate holders of the property. The Notice of
ap "4} -d as to form by the City Attorney and signed by the
s Director prior to recordation.
approval, pursuant to Fish and Game Code 711.4 and the
egulations, Title 14, Section 753.5, the applicant shall pay all
nmental filing fees for the San Diego County Clerk. Checks shall
le to the County Clerk and submitted to the National City Planning
5. 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.
6. 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.
Resolution No. 2012 — 97
May 1, 2012
Page Four
PLANNING
7. This Conditional Use Permit may be revoked if the operator is found to be in
violation of Conditions of Approval.
8. The sale of beer or malt beverages in quantities of quarts, ce, ounce, 40
ounce, or similar size containers is prohibited.
9. No beer products shall be sold of less than manufac.,.r<'3 a -A; ' kaged three-
packquantities of 24 ounce cansper sale. There �g l be'S;S., e of single cans or
�'= ��� � 9
bottles.
10. No sale of wine shall be sold in containers ofan 7 milliliters. The sale of
wine with an alcoholic content greater than volume is prohibited.
11. Flavored malt beverages, also known
malt coolers, and sometimes comm
only by four -pack or other manufactur
12. The consumption of alcoholic
on all parking lots and outbuil
control of the applicant.
n)G k
13. All cups and containers sh. €< + - oat or above prevailing prices and in their
original multi -container pack- > s of no fewer than 12, and no cups and containers
shall be given free :" harge.
malt beverages and flavored
d to as wine coolers, may be sold
ckaged multi -unit quantities.
s prohibited on the subject premises, and
y property or adjacent property under the
14. Ice may be sold
less than thr
about prevailing prices in the area and in quantities of not
p sale. Ice shall not be provided free of charge.
15. The displa alco< lic beverages shall be limited to an area in conformance
with Ex ;t " -d, Case File No. 2011-29 CUP, dated 2/22/2012. In addition,
no alcoho `< ,III •e displayed on end caps or featured in the main aisles of the
sto =. sa><=::k beverages shall not be located in the same aisle as food items
oroth- s marketed to children.
16. 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:
Resolution No. 2012 — 97
May 1,2012
Page Five
a. "No open alcoholic beverage containers are allowed on these premises."
b. "No loitering is allowed."
17. Containers of alcohol may not be stored on the premises, .."y • ? sold to
patrons, for the purpose of later consumption.
18. Exterior advertising and signs of all types, promoting o
alcoholic beverages, including advertising/signs dire
are prohibited. Interior displays of alcoholic bever
visible to the exterior, shall constitute a violation
19. The quarterly gross sales of alcoholic bever
of all other commodities during the same p
keep records which reflect separately the
the gross sales of all other items. Sai
than on a quarterly basis and shall be
Department and any Peace Officer of
Beverage Control upon demand
20. All sellers of alcohol shall rece
(RBSS) training, includin
be certified by the Depart
completion of an approved
a city business lice 'e. As p.
available a dome € violence
Public Strategie
21.
22.
23.
24.
25.
The sale of
and 8 a.m.
Securit
disp
All poin
processed
availability of
erior from within,
, which are clearly
all no exceed the gross sales
e applicant shall at all times
les of alcoholic beverages and
II be kept no less frequently
ilable to the City Finance
nia Department of Alcoholic
nsible Beverage Service and Sales
nd managers. The RBSS training must
oholic Beverage Control (ABC). Proof of
program must be provided prior to issuance of
of the RBSS training, the permittee shall make
aining session as provided by the Institute of
bev rages shall be prohibited between the hours of 10 p.m.
e installed at each entrance and exit of the beer and wine
d shall be closed and locked during non -alcohol sales hours.
sale shall be programmed so that no alcohol transaction may be
uring non -alcohol sales hours.
The use of refrigerated coolers for any alcoholic beverages, including beer and
wine, shall be prohibited.
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.
hall be transmitted
become effective and
Reso ution is adopted. The time
erned by the provisions of
PASSED and ADOPTED this 17th da o''.'I, 2012.
Resolution No. 2012 — 97
May 1, 2012
Page Six
POLICE
26. Permittee shall comply with all regulatory provisions of the Business and
Professions Code that pertain to the sale, display and marketi erchandising
of alcoholic beverages.
BE IT FURTHER RESOLVED that copies of thi
forthwith to the applicant.
BE IT FURTHER RESOLVED that this Re
final on the day following the City Council meeting wh
within which judicial review of this decision may be s
Code of Civil Procedure Section 1094.6.
ATTEST:
Michael R. Della, City Clerk
APPROVED AS TO
Claudia Gacitua
City Attorn
Ron Morrison, Mayor