HomeMy WebLinkAboutReso 20-2000, M1-CUP-1990-19RESOLUTION NO.20-2000
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF NATIONAL CITY, CALIFORNIA,
APPROVING MODIFICATION OF A CONDITIONAL USE PERMIT
TO EXTEND THE PERMITTED HOURS FOR ALCOHOL SALES
AT 303 HIGHLAND AVENUE (FOODLAND IGA SUPERMARKET).
APPLICANT: FOODLAND IGA.
CASE FILE NO. M1-CUP-1990-19.
WHEREAS, the Planning Commission of the City of National City considered a
Conditional Use Permit application for modification of a Conditional Use Permit to extend the
permitted hours for alcohol sales at 303 Highland Avenue at a duly advertised public hearing
held on 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. Ml-CUP-1990-19 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 21, 2000, support the following findings:
1. That the modification is necessary to protect the public interest since the additional
conditions will ensure that alcohol sales remain an accessory use at the market.
2. That the modification is necessary to permit reasonable operation and use under the
Conditional Use Permit, since beer and wine are items in demand among consumers and
since the modification of the permitted hours for the sale of the items will allow the market
to better compete with other, nearby markets.
BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved
subject to the following conditions:
1. There shall be no sale of beer and wine before 7:00 a.m. or after 11:00 p.m
2. The display of beer and wine shall be limited to an area not exceeding 408 square
feet, as shown in exhibit "A", Case File No. CUP-1990-19, dated 11-14-90.
3. 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.
4. Any person involved in the sale of alcoholic beverages shall receive instruction in
the proper procedures from a representative of the Department of Alcoholic
Beverage Control. Written evidence of such instruction shall be supplied to the
Planning Department.
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. No 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. The sale of fortified wines (greater than 15% alcoholic content)
shall be prohibited. Wine sold shall have corked bottles, not screw -off caps.
6. Signs shall be posted in the parking lot which prohibit loitering and on -site
consumption of alcoholic beverages. Sign design and location shall receive prior
approval by the Planning Director.
7. Should substantiated complaints be received regarding illegal activities in the
parking lot, the Planning Department may require the properly owner or store owner
to retain the services of a private security firm to provide on -site security personnel.
8. 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-1990-19, dated 11-
14-90.
9. This permit shall become null and void if not exercised within one year after
adoption of the resolution of approval unless extended according to the procedures
specified in section 18.116.190 of the Municipal Code.
10. 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.
11. The 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.
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 applicant.
13. The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40
ounce, or similar size containers is prohibited.
14. Beer, malt beverages and wine coolers, in containers of 16 ounces or less, may be
sold only in manufacturer's pre -packaged multi -unit quantities.
15. 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.
16. 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.
17. 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.
18. 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.
19. No coin operated amusement devices shall be operated on the licensed premises.
20. New ground cover shall be installed in accordance with City standards in all
landscape areas.
21. Trash enclosures shall be constructed, the property shall be kept free from trash and
debris, and the frequency of service for trash pick-up shall be increased if necessary
to comply with City Code §7.10.
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: UNGAB, PARRA, GODSHALK, VALDERRAMA, BACA, MARTINELLI
NAYS:
ABSENT:
ABSTAIN: DETZER
CHAIRMAN