HomeMy WebLinkAboutReso 4-2000, CUP-2000-3RESOLUTION NO. 04-2000
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF NATIONAL CITY, CALIFORNIA,
APPROVING A CONDITIONAL USE PERMIT
TO ALLOW THE SALE OF DISTILLED SPIRITS
IN ADDITION TO THE CURRENTLY PERMITTED SALE OF
BEER AND WINE IN A MARKET AT 1220 E. PLAZA BOULEVARD
APPLICANT: SMART AND FINAL
CASE FILE NO. CUP-2000-3
WHEREAS, the Planning Commission of the City of National City considered a
Conditional Use Permit application to allow the sale of distilled spirits in addition to the
currently permitted sale of beer and wine in a market at 1220 E. Plaza Boulevard at a duly
advertised public hearing held on March 20, 2000, at which time oral and documentary evidence
was presented; and,
WHEREAS, at said public hearing the Planning Commission considered the staff report
contained in Case File No. CUP-2000-3 and a Notice of Exemption maintained by the City and
incorporated herein by reference along with evidence and testimony at said hearing; and,
WHEREAS, this action is taken pursuant to all applicable procedures required by State
law and City law; and,
WHEREAS, the action recited herein is found to be essential for the preservation of
public health, safety, and general welfare.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
National City, California, that the testimony and evidence presented to the Planning Commission
at the public hearing held on March 20, 2000, support the following findings:
1. That the site for the proposed use is adequate in size and shape, since the proposed activities
will take place in an existing market on a 4.54 acre parcel.
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 the
proposed use is in an existing facility served by East Plaza Boulevard, an arterial roadway with
sufficient capacity to handle traffic to the site. The proposed sale of alcohol does not involve
any increase in retail floor area, and no increase in traffic is projected.
3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since
the sale of alcohol, though limited to beer and wine, is already established on the site. The
proposed sale of distilled spirits and additional display area of beer and wine is not expected to
adversely affect adjacent properties, since it will still involve less than 1% of total floor area of
the market, and the market is oriented away from nearby residences.
4. That the proposed use is deemed essential and desirable to the public convenience and welfare,
since it will provide opportunities to purchase products that are in demand among consumers,
and the sale of beer, wine, and distilled spirits is not unusual at other, similar markets.
BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved
subject to the following conditions, which incorporate all conditions applied by CUP-1997-2 for the
sale of beer and wine at the site, except as modified and expanded to reflect the proposed sale of
distilled spirits:
1. There shall be no sale of beer, wine, or distilled beverages other than during posted business
hours.
2. Permanent, outdoor signs related to the sale of alcoholic beverages shall be prohibited.
3. The possession of alcoholic beverages in open containers and the consumption of alcoholic
beverages are prohibited on or around the premises.
4. There shall be no cups, glasses, or similar receptacles commonly used for the drinking of
beverages, sold, furnished, or given away at the licensed premises in quantities of less than
twenty-four (24) in their original multi -container package.
5. All ice shall be sold at or about prevailing prices in the area and in quantities of not less than
five (5) pounds per sale and shall not be given away free.
6. The applicant shall prohibit on the property adjacent to the premises and under the control of
the applicant, additional newspaper racks, benches, pay telephones, bicycle racks, and other
objects which may encourage loitering.
7. Wine shall not be sold in bottles or containers smaller than 750 ml. and wine coolers, beer
coolers, or premixed distilled spirit cocktails must be sold in manufacturer prepackaged multi-
unit quantities. However, miniatures of distilled spirits may be sold in prepackaged gift
baskets.
No wine shall be sold with an alcoholic content of greater than 15% by volume except for
"dinner wines" which have been aged two years or more and maintained and sold in corked
bottles.
9. The sale of beer or malt beverages in quantities of quarts, 22 oz., 32 oz., or similar size
containers is prohibited. No beer or malt beverages shall be sold in quantities of less than six
per sale.
10. The applicant shall satisfy all necessary requirements of the State Department of Alcoholic
Beverage Control prior to Conditional Use Permit Nos. 1997-2 and 2000-3 becoming effective.
11. All rights to sell alcohol at 1940 National City Boulevard as authorized by Conditional Use
Permit No. 1985-8 shall be relinquished with satisfactory evidence submitted for approval by
the Planning Director.
12. The maximum floor area allowed for the sale of alcohol is 207 square feet as shown on Exhibit
A, Revised, Case File No. CUP-2000-3, dated March 15, 2000.
13. With the annual review of the City business license, the business proprietor shall submit a
statement clearly indicating the total alcoholic beverage sales and total food sales. Said
statement shall be subject to audit and verification by employees of the City, who are
authorized to examine, audit and inspect such books and records of the license, as may be
necessary in their judgement to verify that the sale of alcohol does not exceed the sale of food.
All information obtained by an investigation of records shall remain confidential.
14. Except as otherwise required by conditions of approval, development plans shall be submitted
for review and approval by the Planning Director in conformance with Exhibit A, Revised,
Case File No. CUP-2000-3, dated March 15, 2000.
15. 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 Planning 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 Planning Director prior to recordation.
16. Hours of operation shall be limited to 6:00 a.m. to 10:00 p.m.
17. The use of the property authorized by this permit shall be limited to a market with incidental
sale of beer, wine, and distilled spirits.
18. This permit shall become null and void if not exercised within one year after adoption of the
resolution of approval unless extended to procedures specified in Section 18.116.190 of the
Municipal Code.
19. Sales of single unit cans of premixed distilled spirits are prohibited. Premixed distilled spirits
must be sold in quantities of at least six to a pack.
20. The display of distilled spirits shall be confined to locked cabinets accessible only to store
employees.
BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to
the applicant and to the City Council.
BE IT FINALLY RESOLVED that this Resolution shall become effective and final on
the day following the City Council meeting where the Planning Commission resolution is set for
review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of
that City Council meeting. The City Council may, at that meeting, appeal the decision of the
Planning Commission and set the matter for public hearing.
CERTIFICATION:
This certifies that the Resolution was adopted by the Planning Commission at their meeting of
April 3, 2000 by the following vote:
AYES: Ungab, Valderrama, Godshalk, Baca.
NAYS:
ABSENT: Parra
ABSTAIN: Martinelli, Detzer.
CHAIRMAN