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Home My WebLink AboutCC RESO 2012-104NOT ADOPTED RESOLUTION NO.2012-104 A "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR THE ADDITION OF BEER SALES TO AN EXISTING BEER AND WINE LICENSE AT WAL-MART LOCATED AT 1100 HIGHLAND AVENUE." (Development Services / Planning Division) 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 15, 2012. May 17, 2012 Michael R. Dalla, CMC City Clerk City of National City RESOLUTION NO. 2012 — 104 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR THE ADDITION OF BEER 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 Alcoholic Beverage •ntrol, since 2003, for which a Conditional Use Permit (CUP-2003-12) was issued; and WHEREAS, the California Department of Alcoholic B Type 20 license, which has been in place since 2003; and WHEREAS, said Conditional Use Permit ("CUP'S prohibited the sale of beer or malt beverages; and WHEREAS, in accordance with the 2003 approximately 150 feet from the front entrance of the s shelves along an approximately 20-feet long by 2-fe I issued a ale of wine but oducts were to be located d disp`.yed on five vertical sle section; and WHEREAS, Wal-Mart applied for ;;`"""'? ><> of CUP-2003-12 in 2008 in order to add beer sales, but withdrew the application v'or to ``:< pletion; and WHEREAS, at the time of th there were instances of beer sales at W previously approved by the City; and WHEREAS, Wal-M for the addition of beer and distille sales); and P modification for the sale of beer, onsistent with the Conditional Use Permit modification to their Conditional Use Permit to their existing CUP (which prohibited beer WHEREAS, ;:'' Plannin.` ommission considered a Conditional Use Permit for the addition of liquor sales ;: <:,>.,, existing beer and wine license at Wal-Mart located at 1100 Highland Avenue at dul °`'dve = :. public hearings held on February 6 and March 5, 2012, at which time oral and . s,>:_ _;:-ntary idence was presented; and WHt; AS, .>n".aid public hearing, the Planning Commission considered the staff c"`:.:::.::::.::::'`Y o. 2011-29 CUP, maintained bythe Cityand incorporated herein report container_=;.:.. P by reference alo`'a'<_. th'' ence and testimony from said hearing; and S, the Planning Commission voted to approve the Conditional Use Permit for the a's*. of beer and liquor sales to an existing CUP that allowed the sale of wine at Wal-Mart locate at 1100 Highland Avenue by a vote of 5 to 2 in favor of approval; and WHEREAS, a Notice of Determination was before the City Council on March 20, 2012, and a public hearing was set for April 17, 2012; and WHEREAS, the City Council considered a Conditional Use Permit for the addition of beer and liquor sales to an existing CUP that allowed the sale of wine 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 — 104 May 15, 2012 Page Two WHEREAS, during the April 17, 2012 public hearing, concerns were raised by members of the public regarding the secondary impacts of alcohol sales, including domestic violence incidents and the attraction of or increase of the local inebriate homeless population; and WHEREAS, during the April 17, 2012 public hearing, W wanted to be able to pursue a Type 21 license which allows distilled they did not receive a CUP for distilled spirits; and WHEREAS, in response to Wal-Mart's request staff explained that Wal-Mart's pursuit of a type 21 ABC licen and WHEREAS, at said public hearing, the contained in Case File No. 2011-29 CUP, maintaine reference along with evidence and testimony from sal ated it d even if a Type 21 license, ondition of the CUP; ncil cnsidered the staff report ity and incorporated herein by ng; and WHEREAS, this action is taken .va$: all applicable procedures required by state and City laws; and WHEREAS, the action rec of public health, safety, and general we NOW, THEREFOR National City that the testimony an held on April 17, 2012, support the f 1. That the site f 136,000 squ beer in addi 2. is ound to be essential for the preservation VED by the City Council of the City of resented to the City Council at the public hearing g indings: RECINDINGS FOR APPROVAL OF HE CONDITIONAL USE PERMIT ropo use is adequate in size and shape, since the approximately I -Mart store has ample room available for the incidental sale of g wine sales. icient access to streets and highways that are adequate in width and carry the volume and type of traffic generated by the proposed use, since developed with a large retail store and the proposal will not increase the e sale of beer would be incidental to the overall goods sold. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since conditions of approval will limit the sale of less than a three -pack of beer and 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 sales will allow Wal-Mart to offer a variety of products to its customers, similar to other existing large retailers. Resolution No. 2012 — 104 May 15, 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 off -sit Mart, located at 1100 Highland Avenue. Unless specifically mo subsequent Codes, all previous Conditions of Approval as st 2003-105 are still in effect. Except as required by Conditio submitted for permits associated with the project shall co Case File No. 2011-29 CUP, dated May 3, 2012. 2. The sale of distilled spirits shall be prohibited unles to allow such sales in the future. at Wal- solution or ncil Resolution , all plans ibit A-2nd Revision, nal Use Permit is modified Before this Conditional Use Permit shall become` wive, the applicant and the property owner both shall sign and have notarized <<._ ;:• S.Y Form, provided by the Planning s u• ^�t3r, Division, acknowledging and accepting al$'.nditi: s;;; imposed upon the approval of this permit. Failure to return the signed and n ;ized eptance Form within 30 days of its receipt shall automatically terminate R.-,:•'t' ,Y;, <$ Use Permit. The applicant shall also submit evidence to the satisfaction >.ve opment Services Director that a Notice of >•ed w x'>the CountyRecorder. The applicant shall pay on Real Property is r= •�xpp p y necessary recording fees to the Coi':';._.,. ,.;; Notice of Restriction shall provide information that conditions imposed by .; - I o :' onditional Use Permit are binding on all present or future interest hol "`; "''`= `« holders of the property. The Notice of Restriction shall be approved =' v, orm by the City Attorney and signed by the Development Service!irector z*rto recordation. 3. Within four (4) day„a` : ..roval, pursuant to Fish and Game Code 711.4 and the California Code of Regulatio s, , Section 753.5, the applicant shall pay all necessary environmenta es fo e San Diego County Clerk. Checks shall be made payable to the County Fs' bmitted to the National City Planning Department. 4. This per Resolutio Mu e null and void if not exercised within one year after adoption of the al unless extended according to procedures specified in Title 18 of the 5. This per `'`L°;gall 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. PLANNING 6. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. 7. The sale of beer or malt beverages in quantities of quarts, 22-ounce, 32-ounce, 40-ounce, or similar size containers is prohibited. Resolution No. 2012 — 104 May 15, 2012 Page Four 8. 9. 10. 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. 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. Flavored malt beverages, also known as premium malt bever coolers, and sometimes commonly referred to as wine coo pack or other manufacturer's pre -packaged multi -unit quan 11. The consumption of alcoholic beverages is prohibited o parking lots and outbuildings and any property or adj applicant. 12. All cups and containers shall be sold at or abov container packages of no fewer than 12, and no charge. 13. Ice may be sold only at or about prevailin than three pounds per sale. Ice shall 14. The display of alcoholic bevera Exhibit A-2nd Revision, Case File feet of 2-feet deep shelving square feet. In addition, no main aisles of the store. Alco food items or other ite.. s mark red malt d only by four - remises, and on all pert under the control of the ng prices and in their original multi - containers shall be given free of e area and in quantities of not less d free of charge. imited to an area in conformance with CUP, dated May 3, 2012, which shows 60- -feet deep shelving for a footprint of 300 be displayed on end caps or featured in the everages shall not be located in the same aisle as to children. 15. Permittee shall po on the exterior building walls in compliance with Chapter 10.30.070 of the 's:'tio""":`_ Municipal Code. Additionally, the permittee shall post signs, to be approve •,; t - - Pla "" g Division, at each entrance to the applicant's premises and parking lot, . `` ibiti'`" ' .iterin and consumption of alcohol on thepremises and adjacent P 9 �:;. 9 p 1 property un.„,his co �5 ol. Said signs shall not be less than 17 by 22 inches in size, with lettering 1_"'";,;:� ne inch in height. The signs shall read as follows: a. b. alcoholic beverage containers are allowed on these premises." ering is allowed." 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. Resolution No. 2012 — 104 May 15, 2012 Page Five 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 •u.rterly basis and r>„ . shall be made available to the City Finance Department and any p�s>*��er of the California Department of Alcoholic Beverage Control upon dema 19. All sellers of alcohol shall receive Responsible Beverage training, including all owners, and managers. The RBSS Department of Alcoholic Beverage Control (ABC). Proo RBSS program must be provided prior to issuance of the RBSS training, the permittee shall make availa session as provided by the Institute of Public Stra s (RBSS) be certified by the of an approved a license. As part of estic violence training 20. The sale of alcoholic beverages shall be prof]..';9Y*'�• 'een the hours of 10:00 p.m. and 8:00 a.m. 21. Security gates will be installed at each en °<; nce a"';>exit of the beer and wine display aisle, and shall be closed and locked during no `cohol `'les hours. 22. All points of sale shall be program t no alcohol transaction may be processed during non -alcohol sales hours. 23. The use of refrigerated cool be prohibited. olic beverages, including beer and wine, shall 24. No coin operated amu ,ement d""$:es shall be operated on the licensed premises. This restriction is intende.; discoura"= loitering by those interested in or involved in purchasing alcoho , erages and do not apply to coin operated rides in the front vestibule of the st` a in `' :>,-d to cater to children. POLICE 25. Permitte~.. h':rr1P "with all regulatory provisions of the Business and Professions Code that perta''><:.:. li- "e, display and marketing or merchandising of alcoholic beverages. THER RESOLVED that copies of this Resolution shall be transmitted forthwith to the = _'<`€ . ant. 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. --- Signature Page to Follow --- Resolution No. 2012 — 104 May 15, 2012 Page Six PASSED and ADOPTED this 15th day of May, 2012. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney