HomeMy WebLinkAbout2014 CON (Notice of Restriction on Real Property) 1811 "L" Ave 561-210-32RESOLUTION NO. 2014 — 35
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
APPROVING A CONDITIONAL USE PERMIT FOR THE SALE OF BEER
AND WINE FOR OFF -SITE CONSUMPTION AT AN EXISTING MARKET
(EL SUPER MARKET) LOCATED AT 1811 "L" AVENUE
CASE FILE NO. 2013-27 CUP
APN: 561-210-32
WHEREAS, the City Council of the City of National City considered a Conditional
Use Permit for the sale of beer and wine for off -site consumption at an existing market (El Super
Market) located at 1811 "L" Avenue at a duly advertised public hearing held on January 21,
2014, at which time the City Council considered evidence; and
WHEREAS, at said pubic hearing the City Council considered the staff report
provided for Case File No. 2013-27 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 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
March 4, 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 neighborhood market in an existing commercial center 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 East 18th Street is classified as a collector street in the Circulation Element,
and the sale of beer and wine for off -site consumption 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 is compatible with other similar businesses located nearby and
within a quarter -mile of the property, 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 continued viability of a neighborhood market, 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 alcoholic beverages pursuant to law.
BE IT FURTHER RESOLVED that the application for a Conditional Use Permit is approved
subject to the following conditions:
Resolution No. 2014 — 35
Page Two
March 18, 2014
General
1. This Conditional Use Permit authorizes the sale of beer and wine for off -site consumption at
an existing market located at 1811 "L" Avenue. Plans submitted for permits associated with
this project shall conform to Exhibit "A", Case File No. 2013-27 CUP, dated October 24,
2013.
2. This permit shall become null and void if not exercised within one (1) year after adoption of
the Resolution of approval unless extended according to procedures specified in the National
City Municipal Code.
3. 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.
4. This Conditional Use Permit may be revoked if the Permittee is found to be in violation of
Conditions of Approval.
5. 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
6. The sale of alcoholic beverages shall be limited to between the hours of 9:00 a.m. and 10:00
p.m., seven days a week.
7. All beer and wine products shall be stored in the rear cooler or rear shelving areas. No
alcohol products shall be stored in proximity to the store entrance.
8. The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or
similar size containers is prohibited.
9. 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.
10. Wine shall not 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 — 35
Page Three
March 18, 2014
11. 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.
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
Permittee.
13. 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.
14. 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.
15. The Permittee shall post signs in compliance with the requirements and specifications of
subsection B of National City Municipal Code section 10.30.070 on each exterior wall of
the licensed premises that faces a vehicle parking lot, to read as follows:
"WARNING
It is unlawful to drink an alcoholic
beverage or to possess an open alcoholic
beverage container in public or in a public parking lot.
NCMC 10.30.050 and 10.30.060."
16. Containers of alcoholic beverages 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 Permittee 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. Every employee of the Permittee, including ownership and management, 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 commencing alcohol sales. As part of the RBSS training, the Permittee shall make
available a domestic violence training session as provided by the Institute of Public
Strategies.
Resolution No. 2014 — 35
Page Four
March 18, 2014
20. No tobacco -related or drug -related paraphernalia is to be sold on the premises.
21. Staff shall report back to the City Council 12 months from the date of approval of this
Conditional Use Permit on calls for service, criminal activity, other impactful activities related
to alcohol sales at this location, and general compliance with this Conditional Use Permit.
Police
22. 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 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.
PASSED and ADOPTED this 18th day of March,14.
ATTEST:
Michael R. Della City Clerk
PR._ ED AS TO FORM:
udia
City Attor
citua Silva
y
on Morrison, Mayor
Passed and adopted by the Council of the City of National City, California, on March 18,
2014 by the following vote, to -wit:
Ayes: Councilmembers Cano, Morrison, Sotelo-Solis.
Nays: Councilmembers Natividad, Rios.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
MICHAEL R. DALLA
City Clerk of the City of National City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 201.4-35 of the City of National City, California, passed and adopted
by the Council of said City on Mar 18, 2014.
lerk of the City
City y of National City, California
By:
Deputy
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
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P. WHITE
NOTARY PUBLIC-CALIFORNIA e
COMM. NO. 1934745 _
SAN DIEGO COUNT`(
MY COMM. EXP. MAY 6, 2015
Place Notary Seal Above
Signature
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who proved to me on the basis of atisfactory evidence to
be the person(} -whose namC( are -subscribed to the
within instrument and acknowl dged to me that
h;� executed the same inheat is authorized
capacity(i ), and that by t bnrltbejrsignature0 on the
instrument the personO, or the entity upon behalf of
which the person(ss acted, executed the instrument
certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official sea).
Signature of Notary Public
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document:
Document Date:
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Please have this form signed and notarized, and return to the Development Services Department,
Planning Division, City of National City, 1243 National City Boulevard, National City, California.
91950
ACCEPTANCE FORM
2013-27 CUP
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss
says;
, being first duly sworn, deposes and
Iam
We-aie the applicant(s) for / e er(s) of the property described in the above noted Conditional
Use Permit Case.
I am
We -are aware of, and accept, all of the conditions of approval in the said Conditonal Use Permit
case as set forth in City Council Resolution No. 2014-35, a copy of which I (we) have received,
read and accepted.
DATE: 5/ I
(Signature)
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Address
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City, State, Zip
Subscribed and sworn to before me
this / day of pre1, 2014.
Notary Public in and folic' County /j
of San Diego, State of California. / day of `4
before me a notary pu
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sag ture or the_purposes stated therein
My Commission expires OS '
OFFICIAL SEAL
P. WHITE
NOTARY PUBLIC-CALIFORNIA
COMM. NO. 19347b.5 --
MYCOMM.EEOXP.MAY 6, 2015
RECORDING REQUESTED BY:
R6OR-,1 M- ado
Propert 's Name
Property er § Signature
WHEN RECORDED MAIL TO:
r. Planning Division
6- City of National City
u�� 1243 National City Boulevard
National City, CA 91950
D O C It 2014-0178693
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MAY 02, 2014 9:32 AM
OFFICIAL RECORDS
SAN DIEGO COUNTY RECORDER'S OFFICE
Ernest J. Dronenburg, Jr., COUNTY RECORDER
FEES: 39.00
PAGES: 9
I IIIIII IIIII IIIII IIIII IIIII NIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
NOTICE OF RESTRICTION ON REAL PROPERTY:
Address: 1811 L Avenue
Assessor's Parcel # 561-210-32
The real property located in the City of National City, County of San Diego, State of California
described as follows:
Portion of quarter section 133, known as Assessor's Parcel Number 561-210-32, in the
city of National City, in the County of San Diego, State of California, according to Map
thereof No. 166, filed in the office of the County Recorder of San Diego County.
is restricted by conditions of approval of City Council Resolution No. 2014-35 issued by the City of
National City. The obligations and restrictions imposed by City Council Resolution No. 2014-35
approving the Conditional Use Permit (2013-27 CUP) are binding on all present or future interest
holders or estate holders of the property. A copy of the City Council Resolution No. 2014-35 is on file
with the National City Planning Department.
Dated: April 7, 2014
PPROVED AS TO FORM:
Wdia G. Sil
City Attorney,
f National City
Brad Raulston, Executive Director
City of National City
ALL PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
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On April 7, 2014, before me, Michael R. Dalla, City Clerk, personally appeared
BRAD RAULSTON, Executive Director and CLAUDIA G. SILVA, City Attorney,
who proved to me on the basis of satisfactory evidence to be the persons whose
names are subscribed to the within instrument and acknowledged to me that they
executed the same in their authorized capacities, and that by their signatures on
the instrument the persons, or the entity upon behalf of which the persons acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
i
Michael R. Dalla, CMC, City Cle