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Home My WebLink AboutCC RESO 2014-35RESOLUTION NO. 2014 — 35 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 AN EXISTING MARKET (EL SUPER MARKET) LOCATED AT 1811 "L" AVENUE CASE FILE NO. 2013-27 CUP APN: 561-210-32 WHEREAS, the City Council of the City of National City considered a Conditional Use Permit for the sale of beer and wine for off -site consumption at an existing market (El Super Market) located at 1811 "L" Avenue at a duly advertised public hearing held on January 21, 2014, at which time the City Council considered evidence; and WHEREAS, at said public hearing the City Council considered the staff report provided for Case File No. 2013-27 CUP, which is maintained by the City and incorporated herein by reference, along with any other evidence presented at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the evidence presented to the City Council at the public hearing held on March 4, 2014, support the following findings: 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 neighborhood market in an existing commercial center 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 use, since East 18' Street is classified as a collector street in the Circulation Element, and the sale of beer and wine for off -site consumption 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 is compatible with other similar businesses located nearby and within a quarter -mile of the property, and 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 continued viability of a neighborhood market, an established and allowed use in the applicable mixed -use 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 a Conditional Use Permit is approved subject to the following conditions: Resolution No. 2014 — 35 Page Two March 18, 2014 General 1. This Conditional Use Permit authorizes the sale of beer and wine for off -site consumption at an existing market located at 1811 "L" Avenue. Plans submitted for permits associated with this project shall conform to Exhibit "A", Case File No. 2013-27 CUP, dated October 24, 2013. 2. This permit shall become null and void if not exercised within one (1) year after adoption of the Resolution of approval unless extended according to procedures specified in the National City Municipal Code. 3. 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. 4. This Conditional Use Permit may be revoked if the Permittee is found to be in violation of Conditions of Approval. 5. 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 Department, 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 receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Executive 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 Executive Director prior to recordation. Planning 6. The sale of alcoholic beverages shall be limited to between the hours of 9:00 a.m. and 10:00 p.m., seven days a week. 7. All beer and wine products shall be stored in the rear cooler or rear shelving areas. No alcohol products shall be stored in proximity to the store entrance. 8. The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited. 9. 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. 10. Wine shall not be sold in containers of less than 750 milliliters. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. Resolution No. 2014 — 35 Page Three March 18, 2014 11. 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. 12. 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 Permittee. 13. 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. 14. 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. 15. The Permittee shall post signs in compliance with the requirements and specifications of subsection B of National City Municipal Code section 10.30.070 on each exterior wall of the licensed premises that faces a vehicle parking lot, to read as follows: "WARNING It is unlawful to drink an alcoholic beverage or to possess an open alcoholic beverage container in public or in a public parking lot. NCMC 10.30.050 and 10.30.060." 16. Containers of alcoholic beverages 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 Permittee 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 City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand. 19. Every employee of the Permittee, including ownership and management, 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 commencing alcohol sales. As part of the RBSS training, the Permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. Resolution No. 2014 — 35 Page Four March 18, 2014 20. No tobacco -related or drug -related paraphernalia is to be sold on the premises. 21. Staff shall report back to the City Council 12 months from the date of approval of this Conditional Use Permit on calls for service, criminal activity, other impactful activities related to alcohol sales at this location, and general compliance with this Conditional Use Permit. Police 22. 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 this Resolution shall become effective, final, and conclusive on the day following the City Council meeting where this Resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6. PASSED and ADOPTED this 18th day of March, j 14. ATTEST: Michael R. Dalla City Clerk y P.'R•_ ED AS TO FORM: udia City Attor citua Silva y on Morrison, Mayor Passed and adopted by the Council of the City of National City, California, on March 18, 2014 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Sotelo-Solis. Nays: Councilmembers Natividad, Rios. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City City of National City, California C erk of the By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2014-35 of the City of National City, California, passed and adopted by the Council of said City on March 18, 2014. City Clerk of the City of National City, California By: Deputy