HomeMy WebLinkAboutReso 19-2000, CUP-2000-20RESOLUTION NO. 19-2000
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF NATIONAL CITY, CALIFORNIA,
APPROVING A CONDITIONAL USE PERMIT
TO ALLOW ALCOHOL SALES AT THE
RELOCATED WRIGLEY'S MARKET AT 34 N. EUCLID AVENUE.
APPLICANT: SAM ARABO.
CASE FILE NO. CUP-2000-20.
WHEREAS, the Planning Commission of the City of National City considered a
Conditional Use Permit application to allow alcohol sales at the relocated Wrigley's Market at 34
N. Euclid Avenue at a duly advertised public hearing held on August 7, 2000 and continued to
the meeting of August 21, 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-2000-20 which is 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 August 7, 2000, and continued to the meeting of August 21, 2000,
support the following findings:
That the site for the proposed use is adequate in size and shape, since the proposed
activities will take place in a 19,697 square foot store, located in an existing
shopping center on a 6.15 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 Euclid Avenue and
Division Street, arterial roadways with sufficient capacity to handle traffic to the
site.
3. That the proposed use will not have an adverse effect upon adjacent or abutting
properties, since the business is re -locating to another location in the same shopping
center, and will not result in any change of use for the shopping center. It will also
occupy space previously used by a large drug store.
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 alcohol is often available for sale at large grocery
stores or supermarkets.
BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved
subject to the following conditions:
l . This Conditional Use Permit authorizes the sale of beer, wine and distilled spirits in
a retail supermarket, for off -site consumption, and except as required by conditions
of approval, shall conform with Exhibit A, Case File No. CUP-2000-20, dated July
14, 2000.
2. Permittee shall comply with all regulatory provisions of the Business and
Professions Code, section 25600 through 25667, currently in effect or as may be
amended, regarding sales, displays and marketing or merchandising of alcoholic
beverages.
3. The sale of alcoholic beverages shall be permitted only between the hours of 7:00
a.m. to 11:00 p.m.
4. The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40
ounce, or similar size containers is prohibited.
5. No beer and malt beverage products shall be sold of less than six-pack quantities per
sale. There shall be no sale of single cans or bottles.
6. No sale of wine or distilled spirits shall be sold in containers of less than 750
milliliters, except for wine coolers. Wine coolers may be sold only by four -pack or
other manufacturer's pre -packaged multi -unit quantities.
7. The sale of wine with an alcoholic content greater than 15% by volume is
prohibited. Wine sold shall have corked bottles, not screw -off caps.
8. Permittee shall post signs, to be approved by the Planning Department, at each
entrance to the applicant's premises and parking lot, prohibiting loitering and
consumption of alcohol on the premises and adjacent property under his control.
Said signs shall not be less than 17 by 22 inches in size, with lettering not less than
one inch in height. The signs shall read as follows:
a. "No open alcoholic beverage containers are allowed on these premises."
b. "No loitering is allowed on or in front of these premises."
9. 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 applicant.
10. 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.
11. 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.
12. The display of alcoholic beverages shall be limited to an area in substantial
conformance with Exhibit A, Case File No. CUP-2000-20, dated July 14, 2000.
13. Containers of distilled spirits may not be stored on the premises, after being sold to
patrons, for the purpose of later consumption.
14. The rear door(s) of the premises shall be kept closed at all times during the
operation of the business except in case of deliveries or emergencies.
15. 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.
16. 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
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.
17. No coin operated amusement devices shall be operated on the licensed premises.
18. 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 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.
19. 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 Section 18.116.190 of the Municipal Code.
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
September 18, 2000, by the following vote:
AYES: PARRA, GODSHALK, VALDERRAMA, BACA, MARTINELLI.
NAYS: UNGAB
ABSENT:
ABSTAIN: DETZER ( 6YL
CHAIRMAN