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Home My WebLink About2024-10 Etching ExpressionsRESOLUTION NO. 2024-10 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, APPROVING A CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT FOR OFF-SALE BEER, WINE, AND DISTILLED SPIRITS (ABC TYPE 21) FOR AN EXISTING GIFT BUSINESS LOCATED AT 900 CIVIC CENTER DRIVE IN THE COASTAL ZONE. CASE FILE NO. 2024-04 CUP, CDP APN: 559-010-09 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit and Coastal Development Permit for off-sale beer, wine, and distilled spirits (ABC type 21) for an existing gift business located at 900 Civic Center Drive in the Coastal Zone at a duly advertised public hearing held on August 5, 2024, 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. 2024-04 CUP, CDP 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. 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 5, 2024, support the following findings: 1. That the site for the proposed use is adequate in size and shape, because there will be no physical or operational change in the existing business as a result of this approval that would expand the current use beyond its current capacity. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the quantity and quality of traffic generated by the proposed use, because there will be no physical or operational change in the existing business as a result of this approval that would impact adjacent streets, 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, because the project is a use consistent with the Medium Manufacturing (MM) zone description in the General Plan and will be subject to conditions of approval that ensure safe operation of the business. 4. That the proposed use is deemed essential and desirable to the public convenience or welfare, because changes resulting from approval of this request will allow the business to achieve cost-savings that will be passed to the consumer. 5. That the granting of this Conditional Use Permit is consistent with and implements the Certified Local Coastal Program, because the project is located within an area generally exempt from a Coastal Development Permit; involves a service use, which is conditionally allowed in the MM-CZ zone; and will not prohibit coastal access or obstruct views. 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act and, due to the minor nature of the proposal, is not considered a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065. 7. Based on findings 1 through 6 above, public convenience and necessity will be served by a proposed use of the property for the off-site sales of alcoholic beverages in accordance with applicable law and the recommended conditions. The use, as proposed and conditioned, will operate in harmony with surrounding uses, will not cause a nuisance due to the non-retail nature of the business. BE IT FURTHER RESOLVED that the application for a Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes the sale of alcohol purchased on a wholesale basis and in conjunction with custom etching, labeling and/or packaging services for the business located at 900 Civic Center Drive. Plans submitted for permits associated with this project shall conform to Exhibit A, Case File No. 2024-04 CUP, CDP, dated 3/20/2024. 2. Before this Conditional Use Permit and Coastal Development 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 and Coastal Development Permit. The applicant or owner 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 or owner 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 and Coastal Development 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 City Manager prior to recordation. 3. This permit shall become null and void at such time as there is no longer a Type 21 California Department of Alcoholic Beverage Control license associated with the property. 4. 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. 5. 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. 6. This Conditional Use Permit and Coastal Development Permit may be revoked if the operator is found to be in violation of any Conditions of Approval or applicable law. Planning 7. Retail sales of bottles of alcoholic beverages shall not be permitted unless sold in conjunction with etching, labeling and/or packaging services offered at this location. 8. No signage indicating the availability of alcohol shall be installed or displayed on the exterior of the building, nor be located in the interior of the building where it may be observed from outside the building. 9. No retail alcohol sales shall be permitted until the applicant has been issued a Type 21 license from the California Department of Alcoholic Beverage Control. 10. The sale of alcoholic beverages shall only be permitted between the hours of 9 a.m. and 5 p.m. from Monday to Friday. 11. The sale of alcoholic beverages for on-site consumption is not permitted at this location. 12. The operator of the business shall maintain an active business license and ensure that the business license is renewed annually. Police 13. The permittee shall comply with all applicable law, including, but not limited to the regulatory provisions of the Business and Professions Code that pertain to the sale of alcoholic beverages. Indemnification Agreement The Applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City will promptly notify the Applicant of any claim, action, or proceeding. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. Jn the event of such election, the Applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and Applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the Applicant shall not be required to pay or perform any settlement unless such settlement is approved by the Applicant. BE JT 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 August 5, 2024, by the following vote: AYES: Armenta, Castle, Miller, Valenzuela, Quinonez, Sanchez, Forman NAYS: ABSENT: ABSTAIN: