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HomeMy WebLinkAboutAGENDA REPORT 2000 0419 CC REG ITEM 09BTO: FROM: DATE: MOORPARK CITY COUNCIL AGENDA REPORT The Honorable City Council ITEM 1- 3. Wayne Loftus, Director of Community Development Prepared by Paul Porter, Principal Planner April 7, 2000 (CC meeting of April 19, 2000) SUBJECT: Consider Conditional Use Permit No. 2000 -1, a'Request to Allow the Sale of Alcoholic Beverages Other than Beer and Wine; and Minor Modification No. 7 to Planned Development Permit No. 897 modifying Condition No. 39 which Prohibits the Sale of Alcoholic Beverages Other than Beer and Wine at the Handiest Food Mart Located at 6611 Princeton Avenue in the Varsity Park Plaza APN (514 -0 -051- 265). BACKGROUND Planned Development Permit No. 897 was approved by the County of Ventura on April 19, 1979, for a 21,875 square foot neighborhood shopping center (Varsity Park Plaza). On November 7, 1990, the City Council adopted Resolution No. 90 -717, approving Major Modification No. 1, for the construction of two free standing buildings totaling 3,300 square feet. Six Minor Modifications have been approved since construction of the center. Condition No. 39 of Resolution No. 90 -717, restricts the sale of alcohol at the Varsity Park Plaza to beer and wine only. Establishments which presently sell liquor (beer and wine only) at the Varsity Park Plaza are the Grotta Azzurra Italian Restaurant, Handiest Food Mart (the applicant) and El Taco De Mexico Restaurant. Pursuant to Laurie Baima, Investigator II for the State of California Department of Alcoholic Beverage Control (ABC) located in Santa Barbara, the applicant has filed for an upgrade of the existing beer and wine license. The license will be granted if the M: \CLafleur\M\aa- PD 897 Handiest Food Mart \CUP2000 -1 ABC staff report cc.doc 000005 Honorable City Council April 7, 2000 Page 2 City Council approves Minor Modification No. 7 and Conditional Use Permit 2000-1, and notification of the approval will be forwarded to ABC. The Police Department has reviewed the application and has recommended conditions of approval which have been incorporated into the attached Resolution. DISCUSSION The site of this proposal to sell alcohol, other than beer and wine, known as Handiest Food Mart, a retail commercial center is located on the southwest corner of Campus Park Drive and Princeton Avenue between Campus Park Drive and Amherst Street in the northeastern portion of the City. Proect Settin Direction Zoning General Plan Site CPD C -2 North RFD -5u M West R -1 M South R -1 M East R -1 M Definitions of designations. Zoning: Current Use Varsity Park Plaza Residences Residences Residences Residences CPD = Commercial Planned Development, RPD -5u = Residential Planned Development 5 units per acre, R -1 = Single Family Residential; General Plan; C -2 = General Commercial, M = Medium Density 4 units per acre maximum. On January 12, 2000, an application was filed for Conditional Use Permit No. 2000 -1 to upgrade an existing beer and wine license previously granted to the applicant (Handiest Food Mart) to allow the on -site sale of liquor at the convenience market located at 6611 Princeton Avenue, within Varsity Park Plaza. An incompleteness letter was sent to the applicant on February 10, 2000 which included a requirement that approval of the sale of liquor (beyond that of beer and wine) would require approval of a Minor Modification to PD 897, because Condition No. 39 of PD 897 states "That no liquor except wine and beer be sold on the project site ". The applicant applied for Minor Modification No. 7 to Planned Development Permit No. 897 on February 25, 2000, requesting that Condition No. 39 be modified. Honorable City Council April 7, 2000 Page 3 Ordinance Requirements Ordinance No. 234 adopted on July 16, 1997, established procedures, standards and requirements for commercial businesses selling alcoholic beverages. Resolution No. 97 -1346, adopted on July 2, 1997, also identifies the procedure for the review of Conditional Use Permits as related to establishments selling alcoholic beverages. On -site sales of alcoholic beverages proposed by this application, requires the approval of a Conditional Use Permit. The decision making authority for this permit is vested with the City Council and there is no requirement for review by the Planning Commission. Additionally, the Minor Modification request to modify the language limiting the alcohol sales is an item that requires Council review only. A notice of public hearing has been mailed to all surrounding property owners within 1,000' radius, and publication concerning this application for on -site alcohol sales, and posting of the site consistent with Municipal Code provisions has been verified. Hours of Operation Condition No. 41 of PD 897 limits the hours of operation at Varsity Park Plaza to between 7:00 a.m. and 11:00 p.m. with all deliveries limited from 7:00 a.m. to 5:30 p.m. Ordinance No. 234, however, limits the hours that businesses may serve alcohol. These times are from 6:00 a.m. to 12:00 a.m. (midnight). Since the shopping center is limited to a closing time of 11:00 p.m., the hours of operation for the center (7:00 a.m. to 11:00 p.m.) would be the governing hours for the sale of liquor unless amended. Alcoholic Beverage Control Comments On April 7, 2000, staff contacted Laurie Baima of the Department of Alcoholic Beverage Control (ABC) in Santa Barbara who indicated that the applicant has filed for the upgrade to the existing Beer and Wine License. Ms. Baima stated that the upgraded license will be issued by the ABC, unless the City of Moorpark does not grant approval of the Conditional Use Permit. Ms. Baima further indicated that a total of five (5) violations of the beer and wine license have occurred from 1986 to 1994 with no violations occurring since 1994. Four of the violations were for sale of alcohol to a minor (through the Minor Decoy program) and one violation for sale of alcohol after 11 :00 p.m. One violation per year can be rectified through payment of a fine while two violations may result in a temporary suspension of the license. Three violations in one year can be cause for revocation of the alcohol license. Honorable City Council April 7, 2000 Page 4 Any violations more than three years old are not considered when evaluating an applicant by the ABC for issuance of an upgrade in the beer and wine license. In this case the Handiest Food Mart has had no violations since 1994. Police Department Comments A copy of this application has been forwarded to the Police Department for review. The Police Department has indicated that they have no opposition to the approval of the request as conditioned. The following are pertinent recommended conditions for the Conditional Use Permit to control the sale of alcohol which are designed to reduce the need for increased police services as a result of approving the upgraded liquor license: • Requirement that alcoholic beverages shall not be consumed on any property adjacent to the licensed premises under control of the licensees. • No advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages, which are clearly visible to the exterior, shall constitute a violation of this condition. • No loitering permitted on any property adjacent to the licensed premises under the control of the licensee, or by the patrons on the adjoining properties. • Beer and malt liquor in containers of 16 oz. or less shall not be sold in units of less than a six pack. • No cups, glasses, or similar receptacle commonly used for the drinking of beverages sold, furnished, or given away at the petitioner's premises are permitted in quantities of less than twenty -four in their original multi - container package. • Wine shall not be sold in bottles or containers smaller than 750 -m1, and wine coolers shall not be sold in units of less than a four pack. • No person under the age of 21 shall sell or package alcoholic beverages. • No pay phone will be maintained on the exterior of the premises. • No more than 87 square feet of the premises will be used for 00000 Honorable City Council April 7, 2000 Page 5 the sale of alcoholic beverages and the sales of alcoholic beverages will not exceed 100 of the total gross sales of the entire business. In addition to the above conditions recommended by the Police Department, consideration should be given to further reducing the availability of alcoholic beverages to minors by restricting the location of the display area of alcoholic beverages (other than beer and wine) . Staff has included a condition requiring that liquor (other than beer and wine) be required to be located behind the counter. Approval Criteria Approval of an application for alcoholic beverage sales in an establishment requires that the following criteria be met: A) The use will not result in an over concentration in the area of establishments selling alcoholic beverages. Response: An over concentration of alcohol sales is determined by the Alcoholic Beverage Control (ABC). An over- concentration exists if there is an elevated number of reported crimes or the ratio of licensed points of sale to population in the Census Tract exceeds the ratio of licenses to population in the County (this ratio is one on -site license for each approximately 908 persons). In this case, the Police Department has reported that the Varsity Park Plaza has had no known police problems related to alcohol sales and did not perceive of a problem with the on -site sales of alcohol at the Handiest Food Mart with the proposed conditions which serves to limit potential problems caused by on -site consumption of alcohol. ABC has determined that an over concentration of points of sale of alcoholic beverages does not exist in this Tract. When an over concentration is determined, the local governing agency (City of Moorpark) is granted authority under AB 2897 to make findings of Public Convenience and Necessity that can result in a subsequent granting of approval to establish the alcohol sales location. The ABC permit for this restaurant will be valid for one year and must be renewed yearly including satisfaction of all conditions. This request is to upgrade a license for the Handiest Food Mart which already serves alcoholic beverages (beer and wine) and will not represent approval of a new establishment selling alcohol. B) The use will serve a public convenience. 0000 Honorable City Council April 7, 2000 Page 6 Response: This convenience market currently sells beer and wine. The pending request involves an upgrade to the existing license allowing the on -site package sale of other liquor which would provide a convenience to the residences in the area as it would give local residents the option to buy alcoholic beverages at a local convenience market rather than travel to either the City of Simi Valley or one of the markets the westerly part of the City for their purchase. C) The use will not create the need for increased police services. Response: The Police Department has been provided with a copy of this application and has responded that conditions typically established by ABC would be adequate for this proposal and that no significant calls for service have been generated by this convenience market. D) The requested use at the proposed location will not adversely affect the economic welfare of the community. Response: The site is zoned Commercial Planned Development. Development of this project has been approved with a Commercial Planned Development Permit and is in conformance with requirements of the CPD zone, and the approved CPD. E) The exterior appearance of the structure will not be inconsistent with the external appearance of commercial structures already constructed or under construction on surrounding properties, or within the immediate neighborhood so as to cause blight, deterioration or substantially diminish or impair property values within the neighborhood. Response: The applicants site is one lease space in a multi - tenant commercial retail center. Because no external modifications are proposed to the existing building, the structure will not be inconsistent with the existing building or surrounding buildings. Environmental Determination This project is Categorically Exempt from CEQA requirements as a Class l exemption for the operation or alteration of private structures. Summary This proposed change in status of an existing alcoholic beverage license to allow the sale of liquor has not been found to be Honorable City Council April 7, 2000 Page 7 detrimental to the community based upon the responses to the above required findings. Adding liquor to the already available service of beer and wine is not viewed as an additional point of sale based upon ABC criteria. STAFF RECOMMENDATION 1. Open the public hearing, accept public testimony and close the public hearing. 2. Consider that this project is Categorically Exempt from CEQA requirements as a Class 1 exemption for the operation or alteration of private structures. 3. Adopt Resolution No. 2000- approving Conditional Use Permit No. 2000 -1 and Minor Modification No. 7 to Planned Development Permit No. 897. Exhibits: 1. General Plan Map 2. Zoning Map 3. Floor Plan 4. Resolution e `jilC•�iL�1' cgs.... c :y i��SfO�. D5 -1 � J Niel 1AGRAM OF LICENSED . PREMISES /a , TNnAA/I S CAST,O WSES ADDRESS (NumCer d Street• City. Zip). DEPARTMENT OF ALCOHOL�AgEyjZ2CLM Ol 3. TYPE OF 53ENS — !fY c e Q C . C� 93 0 21 I E. AM flEi agram below is a true and correct escription of the entrances, exits, interior walls and exterior boundaries of the premises to ding dim nsions SRAM . . . . . . . . . . eyi f . . . . . . . . e -• -Po . . . . . . . . . . . . . . I ...... ....„ fT: jDaorZ ,1j K- /rV t cU L. . . . . . i*2ec tr7L: LVA Or- I;Y. . LdoLb� . . . . . . . . . C......... SnT�f . . . . . �'7� /11& 1-r c� : . . 1 : : :....... .... .. ...... it . Co X. 4. Vic. f. .: : ." .. . SELtl to . .. ... . .. ............ Rai <c. . . . . . . .. . . .. ... . . . . . . . . . . . . . . . S-tDAY 4- .. . . . . . . . . . . . . . . . .- . . . i. . . .3••:.. - . . . . . a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J{ ._ /c 1i4 Et; i- . . . . . . . . . <9 .. ...� ... . . . y}fSCC_'L . 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C... � t e i2 ro:� 2 , ' S� �,a v4r� c:c� ji € 1 s 2Y 2- ,. f r= 'tt :: ... :::D.. tx7,A C6YE -S - ;a i ;0100'1-4 :: . ° ...... . - 1 - —,nluiiy ana sign below. rebp declared that the above - described boundaries, entrances and planned operation as indicated on the reverse side, will not be changed �ofirst notifying and securing prior written approval of the Department of Alcoholic Beverage Control. 1 declare under penalty o regoing is true and correct. p ty j perjury ANT SIGNATURE / �'� -��"' �2_____ ���T f✓t — 6. DATE . DATE 1 CERT"'1E0 CORRECT EXHIBIT 3 OSP 99 24259 RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING: A) MINOR MODIFICATION NO. 7 TO PLANNED DEVELOPMENT PERMIT NO. 897 MODIFYING CONDITION NO. 39 PROHIBITING THE SALE OF ALCOHOLIC BEVERAGES OTHER THAN BEER AND WINE; AND B) CONDITIONAL USE PERMIT NO. 2000 -1, A REQUEST TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES OTHER THAN BEER AND WINE AT THE HANDIEST FOOD MART LOCATED AT 6611 PRINCETON AVENUE ON THE APPLICATION OF HANDIEST FOOD MART, MOORPARK, INC., ASSESSOR'S PARCEL NO. 514 -0 -051 -265) WHEREAS, on April 19, 2000, the City Council considered the application filed by Handiest Food Mart Moorpark, Inc. for Minor Modification No. 7 to Planned Development Permit No. 897 modifying Condition No. 39 restricting the sale of Alcoholic Beverages; and Conditional Use Permit No. 2000 -1, requesting the sale of alcoholic beverages other than beer and wine at the Handiest Food Mart located at 6611 Princeton Avenue; and WHEREAS, pursuant to California State Law, California Environmental Quality Act (CEQA) it has been determined that this Minor Modification is categorically exempt from CEQA requirements as a Class 1 exemption for the operation or alteration of private structures; and WHEREAS, the City Council, after review and consideration of the information contained in the City Council agenda report, and public testimony, has made a decision in this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby adopts the following findings: a. This Minor Modification and Conditional Use Permit is categorically exempt from CEQA requirements as a Class 1 exemption for the operation or alteration of private structures; b. The Minor Modification and Conditional Use Permit is consistent with the City's General Plan; RESOLUTION NO. 2000- ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING: A) MINOR MODIFICATION NO. 7 TO PLANNED DEVELOPMENT PERMIT NO. 897 MODIFYING CONDITION NO. 39 PROHIBITING THE SALE OF ALCOHOLIC BEVERAGES OTHER THAN BEER AND WINE; AND B) CONDITIONAL USE PERMIT NO. 2000 -1, A REQUEST TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES OTHER THAN BEER AND WINE AT THE HANDIEST FOOD MART LOCATED AT 6611 PRINCETON AVENUE ON THE APPLICATION OF HANDIEST FOOD MART, MOORPARK, INC., ASSESSOR'S PARCEL NO. 514 -0 -051 -265) WHEREAS, on April 19, 2000, the City Council considered the application filed by Handiest Food Mart Moorpark, Inc.. for Minor Modification No. 7 to Planned Development Permit No. 897 modifying Condition No. 39 restricting the sale of Alcoholic Beverages; and Conditional Use Permit No. 2000 -1, requesting the sale of alcoholic beverages other than beer and wine at the Handiest Food Mart located at 6611 Princeton Avenue; and WHEREAS, pursuant to California State Law, California Environmental Quality Act (CEQA) it has been determined that this Minor Modification is categorically exempt from CEQA requirements as a Class 1 exemption for the operation or alteration of private structures; and WHEREAS, the City Council, after review and consideration of the information contained in the City Council agenda report, and public testimony, has made a decision in this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby adopts the following findings: a. This Minor Modification and Conditional Use Permit is categorically exempt from CEQA requirements as a Class 1 exemption for the operation or alteration of private structures; b. The Minor Modification and Conditional Use Permit is consistent with the City's General Plan; C. The Minor Modification and Conditional Use Permit is compatible with the character of the surrounding development; 000016 Resolution No. 2000 - Page No. 2 d. The proposed Minor Modification and Conditional Use Permit would not be obnoxious, harmful, or impair the utility of neighboring property or uses; e. The Minor Modification and Conditional Use Permit would not be detrimental to the public interest, health, safety, convenience, or welfare; and f. The proposed expansion alcohol sales will not have a substantial adverse impact on surrounding properties; and g. The proposed expansion in alcohol sales will not result in an over concentration in the area of establishments selling alcoholic beverages; and h. The upgrading of the beer and wine license to alcohol license will serve a public convenience; and i. The request to have on -site alcohol sales at the proposed location will not adversely affect the economic welfare of the community. SECTION 2. That the City Council hereby approves: a) Minor Modification No. 7 to Planned Development Permit No. 897 deleting of Condition No. 39 of PD 897 stating: "That no liquor except wine and beer be sold on the project site "; and b) Conditional Use Permit No. 2000 -1 a request for approval of "on- site" sale of alcoholic beverages subject to compliance with all of the following conditions: 1. All conditions of approval for PD 897 shall apply unless modified by this minor modification. Applicant shall provide the Community Development Department with a copy of the Alcoholic Beverage Control (ABC) approval prior to the sale of any alcoholic beverages. 2. Any violations of the ABC license or problems relating to noise or disturbances resulting from this use shall be grounds for the initiation of proceedings for revocation of this Conditional Use Permit. 3. Approval of a Sign Permit is required prior to the installation of any sign. Police Department Conditions 4. Areas inside the establishment open to customers shall be sufficiently illuminated. Lighting shall be approved by the Director of Community Development and Police Department Resolution No. 2000- Page No. 3 5. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under control of the licensees. 6. There shall be no advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages, which are clearly visible to the exterior, shall constitute a violation of this condition. 7. There shall be no signage within the windows to block view from outside. 8. The applicant shall be responsible for maintaining free of litter the area adjacent to the premises over which he has control. 9. Any graffiti painted or marked upon the premises or on an adjacent area under the control of the licensee shall be - removed or painted over within 48 hours. 10. Petitioner shall not permit any loitering on any property adjacent to the licensed premises under the control of the licensee. 11. Any and all employees hired to sell alcoholic beverages shall provide evidence that they have either: Received training from the State of California Department of Alcoholic Beverage Control, Santa Barbara District Office, administered "Leadership and Education in Alcohol and Drugs (LEAD) Program in the form of ABC issued certificate, or Received or accepted equivalent by the ABC Santa Barbara 'District Office to ensure proper distribution of beer, wine, distilled spirits or tobacco to adults of legal age. If any prospective employee selling alcoholic beverages or tobacco is not currently trained, then, the ABC license proprietor shall confirm with the Department of ABC within 15 days of hire that the employee has been scheduled with the local ABC office to take the LEAD Program course. 12. Within thirty (30) days of taking said course, the employees or responsible employer shall deliver each required LEAD Program certificate showing completion of said course to the Chief of Police in Moorpark. Resolution No. 2000 - Page No. 4 13. Beer and malt liquor in containers of 16oz or less shall not be sold in units of less than a six pack. 14. There shall be no cups, glasses, or similar receptacle commonly used for the drinking of beverages sold, furnished, or given away at the petitioner's premises in quantities of less than twenty -four in their original multi- container package. 15. Wine shall not be sold in bottles or containers smaller than 750 -m1, and wine coolers shall not be sold in units of less than a four.pack. 16. No person under the age of 21 shall sell or package alcoholic beverages. 17. No pay phone shall be maintained on the exterior of the premises. A phone shall be located behind the counter area. 18. No more than 87 square feet of the premises will be used for the sale of alcoholic beverages. 19. The rear door of the premises shall be equipped on the inside with an automatic locking device and shall be closed at all times, and shall not be used as a means of access by patrons to and from the licensed premises. Temporary use of these doors for delivery of supplies does not constitute a violation. 20. The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. 21. A sign shall be posted stating that the private parking will be enforced consistent with California Vehicle Code Laws. This shall be done by petitioning the City of Moorpark for a Resolution stating that the private parking area is Vehicle Code enforced. 22. Sales of alcoholic beverages shall not exceed one -third (1/3) of the total gross sales of the entire business. Verification of satisfaction of this requirement shall be provided to the City upon request of the Director of Community Development. 23. Sales of alcoholic beverages may take place only during normal business hours between (7:00 a.m. to 11:00 p.m.) as stated on ABC form 257 (Planned Operation). Resolution No. 2000 - Page No. 5 24. No employees shall sell alcohol to a person under the age of 21. 25. Drop Safe. If there is not already one in place, a drop safe should be installed within the cashier area. It is recommended that cashiers maintain a balance of $50.00 or less in the cash drawers. The cash registers should be electronic and have the capability to remind the cashier to place cash in the drop safe if the balance exceeds $50.00. 26. Security system should include a video camera with 24 -hour recording capability to monitor entry and exits to the store and the cash register area. If there is an existing security system in place this should be inspected by Moorpark Police Department to insure it meets minimum requirements. 27. The display area of all Liquor (other than beer and wine) shall be located behind the counter. 28. The continued maintenance of the permit area and facilities shall be subject to periodic inspection by the City. The permittee shall be required to remedy any defects in ground or building maintenance, as indicated by the Code Enforcement Officer within five (5) days after notification. SECTION 3. The City Council shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this day of 2000. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk 0006411'G