HomeMy WebLinkAboutPC Resolution No. 4-2012RESOLUTION NO. 4-2012
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF NATIONAL CITY, CALIFORNIA,
APPROVING A CONDITIONAL USE PERMIT
FOR THE SALE OF BEER & WINE AT A NEW
7-11 TO BE LOCATED AT 1539 HIGHLAND AVENUE.
CASE FILE NO. 2011-32 CUP
APN: 561-040-01
WHEREAS, the Planning Commission of the City of National City considered a
Conditional Use Permit for the sale of beer and wine at a new 7-11 to be located at
1539 Highland Avenue at duly advertised public hearing held on February 6, 2012, at
which time oral and documentary evidence was presented; and,
WHEREAS, at said public hearings the Planning Commission considered the
staff report contained in Case File No. 2011-32 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; 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 February 6, 2012, support the following
findings:
1. That the site for the proposed use is adequate in size and shape, since the
proposed use is an accessory use to an existing convenience store use in an
existing commercial area and the sale of beer and wine is not expected to increase
the demand for parking on the property.
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 Highland Avenue is classified as an arterial street in the
Circulation Element, and the addition of alcohol sales is not expected to result in
an appreciable increase in traffic.
3. That the proposed use will not have an adverse effect upon adjacent or abutting
properties, since the proposed use will be compatible with other nearby businesses;
and since the proposed use will be subject to conditions that limit the sale of alcohol
and restrict the hours that it will be available.
4. That the proposed use is deemed essential and desirable to the public convenience
and welfare, since it will contribute to the viability of a convenience store, an
established and allowed use in the applicable commercial zone.
5. That public convenience and necessity may be served by a proposed use of the
property for the retail sales of alcoholic beverages pursuant to law.
BE IT FURTHER RESOLVED that the application for Conditional Use Permit is
approved subject to the following conditions:
General
1. This Conditional Use Permit authorizes the off -sale of beer and wine from a
convenience store located at 1539 Highland Ave. Plans submitted for permits
associated with this project shall conform with Exhibits A, Case File No. 2011-32 CUP,
dated 11/30/2011.
2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the
California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all
necessary environmental filing fees for the San Diego County Clerk. Checks shall be
made payable to the County Clerk and submitted to the National City Planning
Department.
3. 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.
4. 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.
5. This Conditional Use Permit may be revoked if the operator is found to be in violation of
Conditions of Approval.
6. 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 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 shall also submit evidence to the satisfaction of the Development
Services 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 Development Services Director prior to recordation.
Planning
7. The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40
ounce, or similar size containers is prohibited.
8. No beer products shall be sold of less than manufacturer's pre -packaged three -pack
quantities of 24 ounce cans per sale. There shall be no sale of single cans or bottles.
9. No sale of wine shall be sold in containers of less than 750 milliliters. The sale of wine
with an alcoholic content greater than 15% by volume is prohibited.
10. Flavored malt beverages, also known as premium malt beverages and flavored malt
coolers, and sometimes commonly referred to as wine coolers, may be sold only by
four -pack or other manufacturer's pre -packaged multi -unit quantities.
11. 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.
12. 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.
13. 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.
14. The display of alcoholic beverages shall be limited to an area in substantial
conformance with Exhibit A, Case File No. 2011-29 CUP, dated 11/02/2011. In
addition, no alcohol shall be displayed on end caps or featured in the main aisles of
the store.
15. Permittee shall post signs on the exterior building walls in compliance with Chapter
10.30.070 of the National City Municipal Code. Additionally, the permittee shall post
signs, to be approved by the Planning Division, 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."
16. Containers of alcohol may not be stored on the premises, after being sold to
patrons, for the purpose of later consumption.
17. 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.
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. All sellers 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.
20. The sale of alcoholic beverages shall be prohibited between the hours of 2 a.m. and 6
a.m.
21. Coolers containing alcohol products shall be locked and made inaccessible to the
public between the hours of 2:00 a.m. and 6:00 p.m.
22. No coin operated amusement devices shall be operated on the licensed premises. This
restriction is intended to discourage loitering by those interested in or involved in
purchasing alcoholic beverages and do not apply to coin operated rides in the front
vestibule of the store intended to cater to children.
Police
23. Permittee shall comply with all regulatory provisions of the Business and Professions
Code that pertain to the sale, display and marketing or merchandising of alcoholic
beverages.
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 February 6, 2012, by the following vote:
AYES: Farias, Alvarado, Reynolds, Pruitt, Baca, Flores
NAYS: DeLaPaz
ABSENT:
ABSTAIN:
CHAIRMAN