HomeMy WebLinkAboutAGENDA REPORT 1998 0218 CC REG ITEM 11K7ia . ioo (63)
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CITY OF MOORPARK, CALIFORNIA
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To: The Honorable City Council BY: �•5. j,,�f
From: Nelson Miller, Director of Community Developmen
Prepared by Craig Malin, Assistant Planner`'
Date: February 5, 1998 (CC meeting February 18, 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
A public hearing was held on January 21, 1998, when staff was
directed to prepare a Resolution for denial, which was presented
for consideration on February 4, 1998. After review, the City
Council directed staff to prepare a resolution of approval for
Conditional Use Permit No. 98 -1 to be considered at the February
18, 1998 meeting.
Recommendation
Adopt Resolution No. 98- approving Conditional Use Permit No. 98 -1.
Exhibits: 1) Resolution No. 98-
CA0FFICEICLAIGIMEM0RAND. BK!
RESOLUTION NO. 98-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA APPROVING CONDITIONAL USE PERMIT
NO. 98 -1 (MARKETPLACE PARTNERS) TO ALLOW 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, This project will not have the potential to cause a
significant effect on the environment and an exemption from the
provisions of the California Environmental Quality Act may be
granted pursuant to Section 15061 of the CEQA guidelines; 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 preparation of a resolution
for denial of this application for consideration on February 4,
1998; and
WHEREAS, after additional review and further consideration
at the meeting of February 4, 1998, the City Council directed
preparation of a revised resolution for approval of this
application.
000177
Reso 98-
Marketplace Properties
Page 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. Based upon the information and findings presented
in this Resolution, accompanying documents and public testimony,
the City Council finds that:
a. The Conditional Use Permit is consistent with the intent and
provisions of the City's General Plan and of the City
Municipal Code.
b. The Conditional Use Permit is compatible with the character
of surrounding development.
C. The Conditional Use Permit would not be obnoxious or
harmful, or impair the utility of neighboring property or
uses.
d. The Conditional Use Permit would not be detrimental to the
public interest, health, safety, convenience, or welfare.
e. The conditionally permitted use is compatible with existing
and planned land uses in the general area where the
development is to be located.
f. The use will not result in an over concentration in the area
of establishments selling alcoholic beverages.
g. The use will serve a public convenience.
h. The use will not create the need for increased police
services.
I. The requested use at the proposed location will not
adversely affect the economic welfare of the community; and
j. The exterior appearance of the structure will not be
inconsistent with the external appearance of commercial
structures already constructed or under construction on
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Reso 98-
Marketplace Properties
Page 3
surrounding properties, or within the immediate neighborhood
so as to cause blight, deterioration or substantially
diminish property values within the neighborhood.
SECTION 2. The City Council conditionally approves
Conditional Use Permit No. 98 -1 for the on -site sale of pre-
packaged alcoholic beverages; on site consumption is not
authorized.
SECTION 3. Approval of Conditional Use Permit No. 98 -1 is
hereby approved subject to the following conditions:
1. Applicant must provide the Community Development Department
with a copy of the Alcoholic Beverage Control (ABC) approval
prior to sale of any alcoholic beverages.
2. This Conditional Use Permit is hereby approved for the sale
of pre - packaged alcoholic beverages to be consumed off -site
only and does not authorize on -site consumption.
3. All conditions of approval of Resolution Nos. 96 -1204
(Resolution approving CPD 95 -1) and 97 -1413 (approving CPD
95 -1 Major Modification No. 1) apply except as modified by
this Resolution.
4. Any violations of the ABC license or problems relating to
noise or disturbances relating to this use shall be grounds
for the initiation of proceedings for revocation of this
Conditional Use Permit.
5. Approval of a Sign Permit is required prior to the
installation of any sign. Signs shall be limited to one line
of copy. Secondary signage advertising available goods
and /or services shall not be allowed.
6. The alcohol beverage display and sales area shall not occupy
more than a total of 500 square feet of the gross floor area
of this store which is used for sales, display and customer
services.
Reso 98-
Marketplace Properties
Page 4
SECTION 4. The City Clerk shall certify to the adoption of
this Resolution.
PASSED, APPROVED, AND ADOPTED THIS 18 DAY OF FEBRUARY, 1998.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk