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HomeMy WebLinkAboutAGENDA REPORT 2000 0517 CC REG ITEM 09AITEM CT TV nF'M0PRPkRT<, C.ALTFORNTA of 7AO" MOORPARK CITY COUNCIL AGENDA REPORT BY: TO: The Honorable City Council FROM: Wayne Loftus, Director of Community DevelopmentAe Prepared by Paul Porter, Principal Planner DATE: May 3, 2000 (CC meeting of May 17, 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) (Continued from April 19, 2000, public hearing open) . BACKGROUND This is a continued public hearing from the City Council meeting of April 19, 2000, involving a proposal to upgrade the alcohol license from the currently approved beer and wine to liquor. At the hearing on April 19, 2000, three residents spoke against upgrading the Handiest Food Mart ABC (Alcoholic Beverage Control) license indicating that the sale of liquor could be a negative influence on the surrounding residential neighborhood. The City Council requested additional information regarding how other jurisdictions process upgrading beer and wine licenses at commercial centers near residential neighborhoods and continued the public hearing to May 17, 2000. DISCUSSION Since the hearing of April 19, 2000, staff contacted several nearby cities including: Ventura, Fillmore, Camarillo, Ojai, Simi Valley, Santa Paula, Oxnard, Thousand Oaks and Port Hueneme. The following questions were asked of those contacted: 1. What is the process required to upgrade a alcohol license from beer and wine only to liquor? S: \Community Development \Everyone \City Council Agenda Reports \cc -000517pd897 &cup200l.doc Honorable City Council Conditional Use Permit No. 2000 -1 May 3, 2000 Page 2 2. If there has been an upgrading of a alcohol license from beer and wine only to liquor in a neighborhood of residential units, has there been any public controversy or increase in police calls directly related to the availability of liquor? 3. In cases where there was public controversy, what action did the jurisdiction take? 4. If an upgraded license was approved, where there any special conditions of approval and in cases that were approved were there any known negative effects? Not all of the cities were able to comprehensively respond to all of above questions, but the available information from each City is summarized below: The City of Ventura does not review the upgrade of a alcohol license from beer and wine to liquor. There have been no known problems with upgraded licenses issued by The State Department of Alcoholic Beverage Control (ABC). The City of Fillmore requires a Planning Commission approved Conditional Use Permit to upgrade an existing beer and wine license to liquor. occasionally, there have been controversial instances regarding upgrading the beer and wine license where the applicant within a shopping center is near residential properties. In these cases, the City has required conditions to eliminate any perceived negative impact. Conditions have included: limiting the percentage of sales, controlling the hours of operation, limiting the size of the area devoted to storage of alcoholic beverages or site specific conditions to minimize potential concerns. Currently, the City has a moratorium on upgrading licenses due to an over - concentration of points of sale. In the City of Camarillo, only gas Stations and min -marts require approval of a Conditional Use Permit to upgrade a beer and wine license to allow the sale of liquor. Prior to receiving a license from Alcoholic Beverage Control, the Police Department (Policy and Procedure Committee) reviews the applications to determine appropriate conditions. The permit is then placed on the City Council Agenda as a consent item for approval. The City has approved several requests for upgraded licenses, including those within shopping centers in close proximity to residences, none of which, however, have been controversial. OC-00 4 Honorable City Council Conditional Use Permit No. 2000 -1 May 3, 2000 Page 3 Ojai The City of Ojai does not currently have a review process to upgrade a beer and wine license to allow the sale of liquor. If the City receives a complaint, the person complaining is referred to the Alcoholic Beverage Control investigator handling the case. Simi Valley - - r The City of Simi Valley allows the sale of alcohol (includes beer, wine and liquor) in commercial zones as a permitted use between the hours of 5:00 a.m. and 11 p.m. Sales of any type of alcoholic beverage outside of this time frame requires a Planning Commission approved Supplemental Use Permit (SUP) for establishments over 10,000 square feet in size. For establishments under 10,000 square feet in size, the application is placed on the Planning Commission agenda as a consent item. There is no knowledge of controversial cases, although they have had experience with applicants requesting upgraded licenses in shopping centers with nearby residences. The Police Department reviews applications and recommends appropriate conditions. Santa Paula The City of Santa Paula requires a Planning Commission approved Conditional Use Permit to upgrade a alcohol license from beer and wine to liquor. There have been no requests for an upgraded license in several years. Conditional Use Permits require review by the Police Department who recommend applicable conditions. Oxnard In the City of Oxnard the upgrade of a beer and wine license to allow the sale of liquor requires a Planning Commission approved Conditional Use Permit. Prior to the public hearing, the application is sent to the Police Department for review and applicable conditions are recommended. The Planning department is not aware of any controversial cases involving requests for an upgrade from a beer and wine license to allow the sale of liquor. Thousand Oaks The City of Thousand Oaks requires a Planning Commission approved Special Use Permit to sell beer and wine and a Planning commission approved Minor Modification to the Special Use Permit to upgrade an alcohol license to sell liquor. The Minor Modification is approved by the Planning Division Manager if the location subject of the upgraded license is more than 400 feet from residences. A public hearing before the Planning Commission is required if the point of sale proposed for upgrading is located less than 400 feet from residential areas. There has been no reported public controversy or negative effects due to 0000013 Honorable City Council Conditional Use Permit No. 2000 -1 May 3, 2000 Page 4 upgraded licenses granted to shopping center locations with nearby residences. Po_r. Hueneme The City of Port Hueneme does not require a permit for retail sales of alcoholic beverages for off -site consumption. There has been no known controversy regarding requests to ABC for upgraded licenses. summary nf Jurisdictional Commpntg Each jurisdiction processes the upgrading of existing beer and wine licenses to allow the sale of liquor differently, ranging from having the State Department of Alcoholic Beverage Control (ABC) handle the entire process with no City permit being required, to requiring a City permit and a City Council public hearing. In cities requiring approval of permits (Conditional Use Permit, Modification to exiting permit or Supplemental Use Permits), the Police Department reviews applications and recommends conditions of approval which include limitation in the size of the display area for alcoholic beverages, limits on the volume of alcohol sold based on total sales, limitation of the hours of operation or other appropriate conditions. In general, jurisdictions have had limited experience with controversial cases with facilities receiving upgraded licenses in shopping centers in proximity to residential areas. Response from Department of Alroholic Beverage Control Staff contacted Laurie L. Baima, Investigator II for the State Department of Alcoholic Beverage Control (ABC) to obtain information regarding any known problems with retail establishments upgrading alcohol licenses, particularly for licenses at retail establishments in close proximity to residential neighborhoods. Ms. Baima indicated that although there are no statistics available, the experience of ABC has been that there have been no reported problems with establishments upgrading an existing beer and wine license to sell liquor. Typically, establishments with a beer and wine license that did not have ABC enforcement problems have followed suit by not having enforcement problems after obtaining the upgraded license to sell liquor. Ms. Baima further indicated the Handiest Mart has not been an enforcement problem in the past and that ABC will require stringent conditions to protect the surrounding community such as: controlling the hours of operation, prohibiting loitering and drinking of alcoholic beverages in close proximity to the retail establishment selling the alcohol, litter removal, and removal of graffiti within twenty four (24) hours. 000004 Honorable City Conditional Use May 3; 2000 Page 5 SUMMARY Council Permit No. 2000 -1 In the case of the Handiest Food Mart, the proposed change in status of an existing alcoholic beverage license to allow the sale of liquor has not been found to be detrimental to the community based upon the responses to the findings as specified in the City Council report dated April 7, 2000. Adding liquor to the already available products of beer and wine is not viewed as an additional point of sale based upon ABC criteria. ENVIRONMENTAL DETERMINATION This project is Categorically Exempt from CEQA requirements as a Class 1 exemption for the operation or alteration of private structures. STAFF RECOMMENDATIONS 1. 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. Attachment: Draft Resolution 000005 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 and May 17, 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, at the public hearing on April 19, 2000, the City Council opened the public hearing, took public testimony and continued the public hearing to May 17, 2000; and WHEREAS, on May 17, 2000, the City Council closed the public hearing; 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: 000006 Resolution No. 2000 - Page No. 2 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; and b. The Minor Modification and Conditional Use Permit is consistent with the City's General Plan; and c. The Minor Modification and Conditional Use Permit is compatible with the character of the surrounding development; and d. The proposed Minor Modification and Conditional Use Permit would not be obnoxious, harmful, or impair the utility of neighboring property or uses; and 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 liquor sales will not have a substantial adverse impact on surrounding properties; and g. The proposed expansion in liquor 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 liquor license will serve a public convenience; and i. The request to have on -site liquor 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 liquor 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 WOR_PRI_SERMAy Share \Community Development \Everyone\Resolutionslcc000517 pd897 kup2000 -Moc 00000`e Resolution No. 2000 - Page No. 3 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 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 11M0R_PRI_SERV\City SharelCommun'dy DevelopmenflEveryonelResolutionslcc000517 pd897 &cup2000 -1.doc 000 ®c:A Resolution No. 2000 - Page No. 4 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. 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. WOR_PRI_SERMity SharMGommunity DevelopmentlEveryonelResolutions1cc000517 pd897 &cup2000 -1.doc 0001009 Resolution No. 2000 - Page No. 5 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). 24. No employees shall sell liquor to a person under the age of 21. 25. Drop Safe. If there is not already one in place, a drop safe shall 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 shall 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. 11MOR_PRI_SEWC4 Share\Gommunity DevelopmentlEveryonelResolutions \oc000517 pd897 &cup2000 -1.doc 00()0 iL Resolution No. 2000 - Page No. 6 SECTION 3. The City Clerk 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 UMOR_PRI_SERVkUy SharelCommun'dy DevelopmentlEveryonelResolutions1cc000517 pd897 &cup2000 -1.doc 00001