Loading...
HomeMy WebLinkAboutCC RESO 2022-60RESOLUTION NO. 2022 - 60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR DISTILLED SPIRITS SALES (TYPE 21) AT A PROPOSED RETAIL OUTLET (TAHONA MERCADO) TO BE LOCATED AT 802 `B' AVENUE,CASE FILE NO. 2021-27 CUP APN: 556-472-26 WHEREAS, the City Council of the City of National City considered a Conditional Use Permit for for distilled spirits sales (Type 21) at a proposed retail outlet (Tahona Mercado) to be located at 802 'B' Avenue at a duly advertised public hearing held on April 19, 2022, at which time oral and documentary evidence was presented; and, WHEREAS, S, at said public hearing, the City Council considered the staff report contained in Case File No. 2021-27 CUP, DSP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, S, the Planning Commission of the City of National City considered the Conditional Use Permit application at a duly advertised public hearing held on March 7, 2022, at which time the Planning Commission recommended mended approval of the Conditional Use Permit; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, S, the action hereby taken is found to be essential for the preservation of the public health, safety, and general welfare. NOW, THEREFORE, E, E IT RESOLVED ED y the City Council of the City of National City, California, that the evidence presented to the City Council at the public hearing held on April 19, 2022, support the following findings: 1. The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, because the use is allowable within DZ 9 pursuant to a CUP and the proposed use meets the required guidelines in the Land Use Code for alcohol sales, as discussed in the staff report. Resolution No. 2022 — 50 Page Two 2. Alcohol sales are permitted, subject to a CUP, by the Land Use Code, which is consistent with the General Plan. A retail alcohol use is consistent with the Downtown Specific Plan land use designation contained in the Land Use and Community Character element of the General Plan. 3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because no expansion of the building is proposed. The proposal involves an existing commercial vacant suite, which was previously analyzed for traffic impacts when the building was constructed. 4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, because the proposed alcohol sales outlet would be consistent with other commercial businesses in the area accessory to the mixed -use commercial and residential building. b. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, the proposed use would be subject to conditions that limit the hours and manner in which alcohol is sold. 6. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and is not considered a project under CEQA, as no development is proposed. In addition, the proposed use is similar to other commercial uses in the area, which are permitted by right in DZ 9. 7. The proposed use is deemed essential and desirable to the public convenience or necessity, because the sale of distilled spirits sales will contribute to the diversity of local commercial offerings in the area, an allowed use in the DZ 9 zone. 8. Based on findings I through 7 above, public convenience and necessity will be served by a proposed use of the property for the on -site sales of alcoholic beverages pursuant to law. Resolution No. 2022 — 60 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 distilled spirits for off -site consumption at a proposed market (Tahona Mercado) to be located at 802 `IT Avenue. Plans submitted for permits associated with this project shall conform to Exhibit A, Case File No. 2021-27 CUP, dated 212512022. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner shall both sign and have notarized an Acceptance Form, provided by the Planning Division, 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 Planning Division 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 Director of Community Development prior to recordation. 3. 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 the Municipal Code. 4. 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. 5. This Conditional Use Permit may be revoked if the operator is found to be in violation of any Conditions of Approval. Planning 6. The sale of alcoholic beverages shall be limited to between the hours of 11:00 am to 9:00 pm Sunday through Thursday and 10:00 am to 10:00 pm Friday and Saturday. 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. 2022 — 60 Page Four 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. 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 shalt not be provided free of charge. 1 . The Permittee shall post signs in compliance with the requirements and specifications of subsection B of 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." 15. Containers of alcoholic beverages may not be stored on the premises, after being sold to patrons, for the purpose of later consumption. 16. 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. 1 .The operator of the business shall maintain an active business license and ensure that the business license is renewed annually. Resolution No. 2022 — 60 Page Five Police 18. Permittee shall comply with all regulatory provisions of the Business and Professions +o►de 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 19th day of April, 2022. Alejandra sotelo-Solis, Mayor ►TTEST: NL (A) Luz Molina, Cit APPROVED AS TO FORM: t Charles E. Bell, Jr., Cit orney Passed and adopted by the City Council of the City of National City, California, on April 19, 2022 by the following vote, to -wit: Ayes: sotto -Solis, Bush, Morrison, Rios, Rodriguez Nays: None. Absent: None, Abstain: None. AUTHENTICATED BY: ALEJANDRA SOTEL -SOLIS Mayor of the City of National City, California BY: Luz Molina City Clerk of the City of National City, California Shelley Chapel, M ,Deputy (pity Clerk