HomeMy WebLinkAboutCC RESO 2012-117NOT ADOPTED
RESOLUTION NO. 2012-117
A "RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY DENYING A
CONDITIONAL USE PERMIT FOR THE
ADDITION OF LIQUOR AND BEERSALES
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 City Council /
Community Development Commission - Housing Authority
of the City of National City Regular Meeting of June 5, 2012.
June 7, 2012
ichael R. Dalla, CMC
City Clerk
City of National City
RESOLUTION NO. 2012 — 117
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
DENYING A CONDITIONAL USE PERMIT FOR THE ADDITION OF
LIQUOR AND 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 Contr. 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
I issued a
WHEREAS, said Conditional Use Permit ("CUP": _;;;d t►:'' ale of wine but
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
along an approximately 20-feet long by 2-feet deep a
oducts were to be located
d disp°.yed on five vertical shelves
on; and
WHEREAS, Wal-Mart applied for of CUP-2003-12 in 2008 in order
to add beer sales, but withdrew the application '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, WaI-M
the addition of beer and distilled sp
and
P modification for the sale of beer,
onsistent with the Conditional Use Permit
modification to their Conditional Use Permit for
their existing CUP (which prohibited beer sales);
WHEREAS, ,;` Plannin• = ommission considered a Conditional Use Permit for the
addition of liquor sales to.;! `i:;'sting beer and wine license at Wal-Mart located at 1100 Highland
Avenue at duly advertise. pu. -arings held on February 6 and March 5, 2012, at which time
oral and documentar ;;; ;,;,- ce presented; and
WH.. AS, :'„::.aid public hearing, the Planning Commission considered the staff
report containe. o. 2011-29 CUP, maintained by the City and incorporated herein
by reference alo th •ence and testimony from said hearing; and
S, the Planning Commission voted to approve the Conditional Use
Permit for the a'= of beer and liquor sales to an existing CUP that allowed the sale of wine at
Wal-Mart located a 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 — 117
June 5, 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 population; and
WHEREAS, during the April 17, 2012 public hearing, con
regarding the over -concentration and saturation of retail alcohol sales i
WHEREAS, during the April 17, 2012 public hearin
to be able to pursue a Type 21 license which allows distilled spiri
receive a CUP for distilled spirits; and
WHEREAS, in response to Wal-Mart's requ
staff explained that Wal-Mart's pursuit of a type 21 ABC li
and
WHEREAS, at said public hearing, the
contained in Case File No. 2011-29 CUP, maint
reference along with evidence and testimony fr
e raised
ct 117.00; and
mated it wanted
en if they did not
ng a Type 21 license,
of a condition of the CUP;
ouncil considered the staff report
ty and incorporated herein by
ring; and
WHEREAS, this action is to :._• "`"'""" ' all applicable procedures required by
state and City laws; and
WHEREAS, the action reci €;`:.'' is found to be essential for the preservation
of public health, safety, and genera
NOW, THEREFORE, = ' R SOLVED by the City Council of the City of National
City that the testimony and e :dence p ented to the City Council at the public hearing held on
April 17, 2012, support the ;''.wing fin:' gs:
NOW, TH
City that the testimon
April 17, 2012, sup
BE IT RESOLVED by the City Council of the City of National
vide"'<= presented to the City Council at the public hearing held on
owing findings:
MMENDED FINDINGS FOR DENIAL OF
THE CONDITIONAL USE PERMIT
1. That "._:;"+ "" d use is not deemed essential and desirable to the public convenience and
welfare, `' there is already an over -concentration of off -sale alcohol licenses in census
tract 117.00n which the subject property is located.
2. The proposed use not deemed essential and desirable to the public convenience and welfare
since beer and distilled spirits are currently offered at other local grocery stores, convenience
stores, and liquor stores within the city.
3. That the proposed use will have an adverse effect upon adjacent or abutting properties,
since sale of distilled spirits and/or beer may lead to secondary impacts including domestic
violence and the attraction of or increase of the local inebriate population.
Resolution No. 2012 — 117
June 5, 2012
Page Three
4. That public convenience and necessity is not be served by a proposed use of the property
for the retail sales of alcoholic beverages pursuant to law.
BE IT FURTHER RESOLVED that copies of this Resoluti., M <';:::: •e transmitted forthwith
to the applicant.
BE IT FURTHER RESOLVED that this Resolution s
on the day following the City Council meeting where the Resoluti
which judicial review of this decision may be sought is governe
Procedure Section 1094.6.
PASSED and ADOPTED this 5th day of Ju
ATTEST:
Michael R. Della, City Clerk
APPROVED AS TO FORM:
Claudia Gacitua Silva
City Attorney
ective and final
he time within
ons of Code of Civil
n Morrison, Mayor