HomeMy WebLinkAbout2024-12 Manolos Farmers Market NOT ADOPTEDATTACHMENT 1
RESOLUTION NO. 2024-12
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NATIONAL CITY, CALIFORNIA DETERMINING THAT
THE PROJECT IS CATEGORICALLY EXEMPT FROM
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
UNDER CLASS 1 OF THE CEQA GUIDELINES SECTION 15301
(EXISTING FACILITIES) AND APPROVING A CONDITIONAL USE PERMIT
FOR THE SALE OF BEER, WINE, AND DISTILLED SPIRITS (ABC TYPE-21)
AT AN EXISTING GROCERY STORE (MANOLO FARMERS MARKET)
LOCATED AT 303 HIGHLAND AVENUE.
CASE FILE NO. 2024-11 CUP
APN: 556-180-23-00
WHEREAS, the Planning Commission of the City of National City considered a
Conditional Use Permit for off-site sale of beer, wine, and distilled spirits at an existing
grocery store (Manolo Farmers Market) located at 303 Highland Avenue. At a duly
advertised public hearing held on September 16, 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. 2024-11 CUP 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 September 16, 2024, support the following
findings:
1.The proposed addition of distilled spirits sales 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 alcohol sales in conjunction
with a grocery store are allowable within the Minor Mixed-Use Corridor zone,
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. Sales will be
incidental to the existing grocery store in a commercial area. Furthermore,
alcohol sales (beer and wine) have been approved for sale on site since 1990.
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2.The proposed use is consistent with the General Plan and any applicable specific
plan, because alcohol sales are permitted, subject to a CUP, by the Land Use
Code, which is consistent with the General Plan. In addition, a grocery store with
alcohol sales is consistent with the Minor Mixed-Use Corridor zone land use
designation contained in the Land Use Code 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 space, which was previously analyzed for traffic impacts when
it 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 no expansion of the building is proposed. The proposed uses would be
incidental to the primary use of a grocery store.
5.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, because the proposed use will be subject to conditions that
limit hours and the manner in which alcohol is sold. In addition, all staff members
serving alcohol are required to receive RBSS training.
6.The proposed project has been reviewed in compliance with the California
Environmental Quality Act (CEQA) and has been determined to be categorically
exempt from environmental review pursuant to Class 1, Section 15301 (Existing
Facilities) for which a Notice of Exemption will be filed subsequent to approval of
this Conditional Use Permit. The reason for the exemption is that the use is
proposed within an existing commercial building and the use is similar to other
commercial uses in the area, which are permitted in the Minor Mixed-Use
Corridor zone.
7.The proposed use is deemed essential and desirable to the public convenience or
necessity, because the grocery store, a permitted use in the Minor Mixed-Use
Corridor zone, will benefit from the sale of alcohol. The sale of beer, wine, and
distilled spirits will contribute to a diversity of local commercial offerings in the area.
8.Based on findings 1 through 7 above, public convenience and necessity will be
served by a proposed use of the property for the off-site sales of alcoholic
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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, and will benefit the community with a more diverse
selection of goods to purchase from the grocer.
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 beer, wine, and distilled spirits for
off-site consumption at an existing grocery store (Manolo Farmers Market) located at
303 Highland Avenue. Plans submitted for permits associated with this project shall
conform to Exhibit A, Case File No. 2024.11 CUP, dated 8/29/2024.
2.Unless specifically modified by this resolution, all Conditions of Approval of Planning
Commission Resolution No. 20-2000 shall remain in full force and effect.
3.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 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 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.
4.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.
5.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.
6.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.
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7. This Conditional Use Permit may be revoked if the operator is found to be in violation
of any Conditions of Approval or applicable law.
Planning
8.No sales of distilled spirits shall be permitted until the applicant has been issued a
Type 21 license from the California Department of Alcoholic Beverage Control.
9.All sellers and servers of alcohol 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 issuance of a
city business license. As part of the RBSS training, the Permittee shall make
available a domestic violence training session as provided by the Institute of Public
Strategies.
10. The sale of alcoholic beverages shall only be permitted between the hours of 7:00 a.m.
and 10:00 p.m. daily. Sales are only permitted during times when the store is open
for the purchase of general commodities.
11. Distilled spirits shall be stored in a lockable cabinet behind the sales counter
accessible only to properly trained employees.
12. Applicant shall provide revised floor plan.
13. All required signage related to the sale of alcohol shall be written in both English and
Spanish translation.
14. The premises shall be kept free of graffiti and litter in conformance with the National
City Municipal Code. The operator or property manager shall take responsive action
within a 24-hour period upon the receipt of any notice provided by Code
Enforcement pertaining to graffiti or litter.
15. Containers of alcoholic beverages may not be stored on the premises, after being
sold to patrons, for the purpose of later consumption.
16. The operator of the business shall maintain an active business license and ensure that
the business license is renewed annually.
Police
17. 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,
advertising, or display of alcoholic beverages.
Indemnification Agreement
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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. In 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 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 16, 2024, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN: ________________________
CHAIRPERSON
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