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HomeMy WebLinkAboutAGENDA REPORT 1998 0204 CC REG ITEM 11ITo: From: 7 ia, ioo(,(, (i 's %'6 ITEM CITY OF MOORPARK, CAT xrORNIA City Council AGENDA REPORT A. 'Direr e r--Pa•r!a vn City of Moorpark � ReSoluE�on for ony/rouc"t o-� BY. C-LA Q so r The Honorable City Council --D, S. �„r,►� Nelson Miller, Director of Community Developme Prepared by Craig Malin, Assistant Planner M Date: January 23, 1998 (CC meeting February 4, 1998) Subject: Consider Conditional Use Permit No. 98 -1 (Marketplace Partners)for a retail establishment (Rite Aid Drug Store) for off site alcoholic beverage sales in Commercial Planned Development No. 95 -1, Major Modification No. 1, located at the northwest corner of Spring Road and Tierra Rejada Road (APN 500 -0- 350 -545 and 555). Background Major Modification No. 1 to CPD 95 -1 was approved by the City Council on December 17, 1997, for the construction of a 16,730 sq.ft. square foot Rite Aide rug store and a 9,450 sq.ft. day care facility. Construction of the project has not yet commenced, although grading is underway. Conditional Use Permit 98 -1 is for the sale of alcoholic beverages at the Rite Aid drug store. Discussion On January 21, 1998 the City Council directed staff to prepare a resoultion of denial for Conditional Use Permit No. 98 -1 to be considered at the February 4, 1998 meeting. Recommendation Adopt Resolution No. 98- denying Conditional Use Permit No. 98 -1. Exhibits: 1) Resolution No. 98- CAOFFICEICLAIMMEMORAND.FRM 0061 ,43 RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA DENYING CONDITIONAL USE PERMIT NO. 98 -1 (MARKETPLACE PARTNERS) CONCERNING OFF SITE ALCOHOLIC BEVERAGE SALES IN A RETAIL ESTABLISHMENT (RITE AID DRUG STORE) AT THE NORTHWEST CORNER OF SPRING ROAD AND TIERRA REJADA ROAD (APN 500 -0- 350 -545 AND 555) WHEREAS, on January 5, 1998, the applicant applied for Conditional Use Permit No. 98 -1 off -site sales of alcoholic beverages in the drug store within Commercial Planned Development Permit No. 95 -1, Major Modification No. 1; and WHEREAS, Authority for the approval of Conditional Use Permits for the sale of alcoholic beverages is granted to the City Council pursuant to Ordinance No. 234; and WHEREAS, at its meeting of January 21, 1998, the City Council held a duly noticed public hearing to consider the application filed by Marketplace Properties, requesting approval of Conditional Use Permit No. 98 -1; and WHEREAS, at its public hearing of January 21, 1998, the City Council after review and consideration of the information contained in the staff report dated January 9, 1998, and accepting public testimony directed staff to prepare a resolution for denial of the application. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. Relating to the standards specified in the following sections of the Municipal Code, the City Council hereby finds that: Section 17.44.030.A.2: a. The proposed sale of alcoholic beverages is not compatible with the character of surrounding development which is comprised 0001.444 Reso 98- Marketplace Partners Page 2 of or proposed to be developed with single family residences; has been designated as Open Space as part of the Tierra Rejada Valley Greenbelt, serves as a gateway to the City; and in the case of a portion of this project site has been approved for the development of a child care center. b. The proposed sale of alcoholic beverages would be obnoxious or harmful, or impair the utility of neighboring property or uses because of increased automobile traffic, human activity and loitering in proximity to single family residences due to the availability of this product at this location. c. The proposed sale of alcoholic beverages would be detrimental to the public interest, health, safety, convenience or welfare due to the frequent increase in activity around commercial establishments that sell alcoholic beverages which may involve persons not legally able to purchase these products who seek cooperation from persons entering these facilities to purchase this product on their behalf. d. The proposed sale of alcoholic beverages is not compatible with existing and planned land uses in the general area where the project is located which is developed with or planned for single family residential development, open space, the Tierra Rejada Valley Greenbelt and supporting uses such as churches, parks and schools (within 2,500' of the site). Section 17.44.030.A.7 a. The proposed use will not serve a public convenience as there are approximately 16 establishments within a two mile radius that sell packaged alcoholic beverages. Additionally, because of the established traffic pattern in the area, where adjacent residential streets only infrequently connect to Spring Road and Tierra Rejada Road, and because of the design of these streets which includes or will include raised medians which limits vehicle movements, this location may not be as conveniently accessed as other more distant locations that sell packaged alcoholic beverages. 000145 Reso 98- Marketplace Partners Page 3 b. The requested use at the proposed location will not adversely affect the economic welfare of the community since this location has been designated by the General Plan and zoning for commercial development. Revenue generated by the presence of alcoholic beverage sales represents approximately 5% of the gross sales volume based upon information from the representative of Rite Aide, which is not considered significant. SECTION 2. The City Council hereby denies Conditional Use Permit No. 98 -1 for the on -site sale of pre - packaged alcoholic beverages. SECTION 3. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED THIS 4 DAY OF FEBRUARY, 1998. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk O®G14C,