HomeMy WebLinkAboutResolutionRESOLUTION NO. 2013 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
APPROVING A CONDITIONAL USE PERMIT FOR ALCOHOL SALES
AT REDBIRD MARKET LOCATED AT 2035 HIGHLAND AVENUE
APPLICANT: LAITH ARABO.
CASE FILE NO. 2013-18 CUP
APN: 561-271-04
WHEREAS, the City Council of the City of National City considered a Conditional
Use Permit for alcohol sales at Redbird Market located at 2035 Highland Avenue at a duly
advertised public hearing held on January 21, 2014, at which time the City Council considered
evidence; and
WHEREAS, at said public hearing the City Council considered the staff report
provided for Case File No. 2013-18 CUP, which is maintained by the City and incorporated
herein by reference, along with any other evidence presented 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 hereby taken is found to be essential for the preservation
of the public health, safety, and general welfare.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
National City that the evidence presented to the City Council at the public hearing held on
January 21, 2014, 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 grocery market in an existing commercial area, and since
the sale of liquor 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 expected to result in minimal increased 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 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 grocery store, an established and allowed
use in the applicable mixed -use zone.
5. That public convenience and necessity may be served by a proposed use of the property
for the retail sales of distilled spirits pursuant to law.
BE IT FURTHER RESOLVED that the application for a Conditional Use Permit i approved
subject to the following conditions:
Resolution No. 2014 —
Page Two
February 4, 2014
General
1. This Conditional Use Permit authorizes the sale of beer, wine, and distilled spirits at
Redbird Market located at 2035 Highland Avenue. Plans submitted for permits associated
with this project shall conform with Exhibits "A", Case File No. 2013-18 CUP, dated
September 24, 2013.
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 to 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
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 Executive 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 Executive 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 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 or distilled spirits 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.
Resolution No. 2014 —
Page Three
February 4, 2014
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 Tots 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. 2013-18 CUP, dated 9/24/2013. In addition, no alcohol shall
be displayed on end caps or featured in the main aisles of the store. The current exhibit
does not show the location of wine; therefore, it will need to be modified to show a
location subject to approval by the Planning Department.
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 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 inches by 22
inches (17" x 22') in size, with lettering not Tess than one inch (1") 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 distilled spirits 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 that 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.
Resolution No. 2014 —
Page Four
February 4, 2014
20. 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.
21. The sale of alcoholic beverages shall be limited to the hours of 10:00 a.m. to 10:00 p.m.,
Sunday through Friday, and 10:00 a.m. to 11:00 p.m. on Saturdays.
22. Coolers and/or cabinets containing alcohol products shall be locked and made
inaccessible to the public outside of the hours listed in condition number 21, or as
modified through permit modification.
23. 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 intended to cater to
children.
24. As part of this permit, security cameras shall be installed on the premises.
25. Exterior walls of buildings/freestanding signs/trash enclosures to a height of not less than 6
feet shall be treated with a graffiti resistant coating subject to approval from the Planning
Department. Graffiti shall be removed within 72 hours of its observance as required by
Chapter 10.54 — Graffiti Control — of the National City Municipal Code.
26. No parking is permitted between the building and East 21st Street. The parking spaces
marked on the concrete on the south side of the building shall be removed. "No Parking"
signs shall be posted on the south side of the building. The City Manager or designee
may require additional measures to discourage parking in this area should the
aforementioned remedy not be effective (e.g., landscaping, bollards, etc.).
Police
27. 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.
28. After 12 months of being operational, this Conditional Use Permit shall be reviewed for
compliance with the foregoing Conditions of Approval. A status report will be provided to
the City Council on impacts, if any, that have occurred as a result of the approval of the
sale of distilled spirits.
BE IT FURTHER RESOLVED that this Resolution shall become effective, final,
and conclusive on the day following the City Council meeting where this Resolution is adopted.
The time within which judicial review of this decision may be sought is governed by the
provisions of Code of Civil Procedures Section 1094.6.
[Signature Page to Follow]
Resolution No. 2014 —
Page Five
February 4, 2014
PASSED and ADOPTED this 4th day of February, 2014.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Claudia Gacitua Silva
City Attorney