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Home My WebLink AboutAGENDA REPORT 2000 0906 CC REG ITEM 09ATo: From: Date: ,w ITEM A. CIS y pF ,�()nTzR RX, CAL F ORU Cpty Counc= Meetana of 9 ACTio�'�: � Ltc � �iPFF f2Gi CTtQti �1 4� A-1>0Pn0►J 0r- MOORPARK CITY COUNCIL AGENDA REPORT The Honorable City Council Wayne Loftus, Director of Community Developmenth�e Prepared by Craig Malin, Assistant Planner August 11, 2000 (CC meeting of 9/6/2000) Subject: Consider Conditional Use Permit No. 2000 -02, a Request to Allow the Off -Site Sale of Alcoholic Beverages Including Beer, Wine and Liquor at a Proposed Longs Drug Store in the Moorpark Town Center at the Northwest Corner of Los Angeles Avenue and Moorpark Avenue, Applicant: Longs Drug Store (APN 511 -0- 080 -380) Continued from August 2, 2000, Meeting with Public Hearing Open.) Background This item was continued from the City Council meeting of August 2, 2000, at the request of the applicant who was unable to attend the meeting. Additionally, there were several issues related to facility design and operation that required clarification, which has been completed. This proposed Conditional Use Permit No. 2000 -2 is a request by Longs Drug Store to sell alcoholic beverages including beer, wine and liquor in a currently vacant retail commercial space in the Moorpark Town Center shopping complex at the northwest corner of Moorpark Avenue and Los Angeles Avenue. Previously occupied by Rite Aid Drug and with approval from Alcoholic Beverage Control (ABC) to sell alcoholic beverages, this retail space has been vacant for over a year after Rite Aid relocated to the northwest corner of Spring Road and Tierra Rejada Road. Prior to 1997, sales of alcohol in various commercial zones including the subject property was allowed by right, however, with changes to the Code in 1997, a requirement for additional entitlement was implemented. The period of time of more than one year, that this property remained vacant resulted in the loss of it's legal non - conforming status involving the sale of alcohol, therefore requiring a Conditional Use Permit. S: \Community Development \Everyone \City Council Agenda Reports \cc - 000906 Cup00- 2sr.doc Created on 08 /11 /00 11:01 AM 000001 Honorable City Council CUP 2000 -02 August 11, 2000 Page 2 Prior to the commencement of sales of alcoholic beverages, this Conditional Use Permit must be approved by the City Council and ABC must issue their permit, which will occur only if this proposal is approved by the City. Project Setting Direction Zoning General Plan Current Use Site CPD C -2 Town Center North CPD C -2 Undeveloped Commercial West CPD C -2 Mission Bell Plaza South CPD C -2 Undeveloped Summit Gas East C -O Office Residential /Commercial Use Authorized (Downtown Specific Plan) Definitions of designations. Zoning: CPD = Commercial Planned Development, C -1 = Neighborhood Commercial. General Plan: C -2 = General Commercial, C -1 = Neighborhood Commercial. Discussion 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. Off -site sales of alcoholic beverages at a retail commercial establishment, as 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; there is no requirement for review by the Planning Commission. On February 7, 2000, Conditional Use Permit No. 2000 -02 was filed requesting the approval of off -site sales of alcoholic beverages (beer, wine and liquor) in a proposed Longs Drug Store at 155 West Los Angeles Avenue. This application was determined to be incomplete within the required thirty (30) day period and subsequently found to be complete on April 20, 2000, however, some information needed to process was modified. Continued processing was also dependent upon the receipt of updated plans and placement of a public hearing sign. A notice of public hearing was mailed on June 29, 2000, to all property owners within 1,000, of the subject property, concerning this application which was originally scheduled for hearing before the City Council on July 19, 2000. However, because required posting of the site announcing the Council hearing on July 19, 2000, was not completed, new legal 000002 Honorable City Council CUP 2000 -02 August 11, 2000 Page 3 advertising involving U.S. Mail notice, newspaper legal ad and posting of the site was required for the subsequent hearing of August 2, 2000, which has now has been properly completed. A Conditional Use Permit is required for the sale of alcohol at this location because the previous tenant (Rite Aid drugs) vacated the premises more than six (6) months ago. Hours of 01eration Resolution No. 84 -63, which approved construction of the Moorpark Town Center did not establish hours of operation for this center, however, Ordinance No. 234, limits the hours that businesses may sell alcohol (beer, wine and liquor) from 6:00 a.m. to 12:00 a.m. (midnight). A condition of approval limiting the hours of operation consistent with Ordinance 234 has been included in the draft Resolution attached to this report. Par ; na Standards The Moorpark Town Center (CPD 980) following the expansion of Ralphs Grocery Store will include 132,220 square feet of floor area. Section 17.32.010 of the Zoning Ordinance when applied to this center would require 543 parking spaces, which are currently provided on site. Alcohol D' p av The proposed display area for the alcoholic beverages is at the rear of the proposed Longs Drug Store, adjacent to the east wall (right side) of the store. The alcohol display area for retail sales together with the warehouse storage totals approximately 622 square feet of floor area. This represents 3.4% of the total floor area of the store. The applicant has indicated that the sales volume for alcoholic beverages in relation to sales of all goods averages 4.5% to 5% for each store. A condition of approval is recommended to limit the total display and storage area to no more that five- percent (5 %) of the total floor area or 907 square feet. This is comparable to the three percent (3 %) display area approved for Rite Aid Drugs (corner of Spring and Tierra Rejada Roads) which is in a location with adjacent residential uses and a lower level of traffic than Longs Drug Store. Police Deppartment Comments A copy of this application was forwarded to the Police Department for review. The Police Department has indicated that they have no opposition to the approval of the request and that one condition of approval is recommended beyond the standard conditions that are 000003 Honorable City Council CUP 2000 -02 August 11, 2000 Page 4 typically established by Alcoholic Beverage Control. This recommended condition, which has been included in the attached Resolution, is to install a surveillance camera and alarm on the exit door located on the east side of the building. This door is located within close proximity to the alcohol display area and provides an easy escape route in the event of theft of alcohol or other products. The applicant has also proposed the addition of a time delay device for opening of the door, which is supported by the Police Department. A "roval Criteria Approval of an application for alcoholic beverage sales in an establishment requires that the following findings be met: A) The use will not result in an over concentration in the area of establishments selling alcoholic beverages. Response: Staff contacted Alcoholic Beverage Control on June 19, 2000, to determine the status of this application, including over - concentration and the policies and criteria by which the ABC and the City may act upon applications. An over concentration' of alcohol sales is determined by the Alcoholic Beverage Control (ABC). An 'over - concentration' is terminology that is used to recognize an elevated number of reported crimes or an increased ratio of licensed points of sale to population in the Census Tract which exceeds the ratio of licenses to population in the County. The current countywide ratio is one on -site license for each approximately 908 persons. Census Tract 76.02, which is bounded on the north by High Street and Poindexter Avenue, on the east and south by the Arroyo Simi and on the west by Hitch Road, contains a population of approximately 6,900 persons. Alcoholic Beverage Control has determined that the twelve (12) existing licenses exceeds the eight (8) licenses authorized in this tract based upon the designated ratio (one point of sale per 908 persons) noted above. Therefore, ABC has determined that an over concentration of points of sale of alcoholic beverages exists in this Tract. When an over concentration is determined, the local governing agency (City of Moorpark) is granted authority under State Legislation 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. Although an over concentration has been deemed to exist, a Conditional Type 21 License (to allow the sale of alcoholic beverages including liquor) has been requested of ABC with other modifying criteria established by ABC that could allow the permit to be approved. Examples of these criteria are: proximity of the use to other similar uses, location on a main 000004 Honorable City Council CUP 2000 -02 August 11, 2000 Page 5 thoroughfare, existence as a destination for workers and people passing through town, and the number of licenses in surrounding areas (census tracts) . If approved by the City Council, the ABC permit for this use will be valid for one year, and must be renewed yearly to verify satisfaction of all conditions. Currently, the nearest establishments in the Town Center selling alcoholic beverages are: Canton, Coffee Grinder, Round Table Pizza, Yama Sushi restaurants and the Ralphs Market, all of which are between 250' and 750' from the subject site. B) The use will serve a public convenience. Response: Alcoholic beverages were previously sold at this location and would be a convenience to the public due to its ability to be purchased in a commercial center where alcohol can be expected to typically be available for purchase along with other retail goods and services. 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 together with a recommended added condition as referenced above (surveillance camera) would be adequate for this proposal and that no significant calls for service have been generated in the history of the location including the previous tenants, Thrifty and Rite Aid drug stores. 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 retail Commercial Planned Development with all code requirements and center. The sale of liquor is the CPD Zone. center was approved with a Permit and is in conformance conditions established for this a conditionally permitted us in 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 applicant's site is one lease space in a multi- 000005 Honorable City Council CUP 2000 -02 August 11, 2000 Page 6 tenant commercial retail center. External changes approved in Permit Adjustment No. 2000 -5 involve changes in the storefront windows and entry doors and changes to the design of the trash enclosure and loading dock at the rear of the building. These modifications are consistent with the design of the surrounding uses and recent modifications to this center to allow the expansion of the Ralphs market. This project is Categorically Exempt from CEQA requirements as a Class 1 Exemption for the operation or alteration of private structures. Summary This proposed permit to re- establish the sale of alcohol beverages at 155 W. Los Angeles Avenue an additional point of sale which exceeds the ratio of points of sale to population, however, approval of this request is not viewed as detrimental to the community based upon ABC criteria. Staff Recommendation 1. Accept public testimony and close the public hearing. 2. Determine that the proposed Conditional Use Permit requesting the sale of alcoholic beverages including beer, wine and liquor is exempt from CEQA pursuant to Section 15303 of the California Environmental Quality Act. 3. Adopt Resolution No. 2000- approving Conditional Use Permit No. 2000 -02 subject to the conditions contained in the draft Resolution. Attachments: 1. General Plan Map 2. Zoning Map 3. Site Plan 4. Floor Plan 5. Resolution No. 2000- OOOOOG SP #9 - - �OTAL ACRES 24.8.,, r Ax1m ; DWELLING VN1TS 80 u DESfGNAi�QfV CHOOL i DOWNY.. HAR ES T' AWN SPECIFIC PLAN I AREA 4 � ` I AV �. i ry f > s Q cc U f� CL � I W' co 1 C -2 C -2 1 f I f�l O SITE z S I O GE_ I I C- r I j I ri f i i L j C -2 J I I H VH �VH , VH ATTACHMENT ji - C--2 GENERAL � L PLAN MAP 000007 �� t _ -5ac (R) RA -10ac z:1 RE -1 ac, �- i h(A) OS amw 101:011 CI4Fatl Is INN 000 WoMp � ■ : , s.•A.� '�linttntt■ttt■•: • � III ., ..:.•;r::�i.. i #11til�t •�wr.:s \La.�ttti. � AM ._ ' l�t�tt� � 7 Tom.• .. � � /' s � ii ■ ■ t�tttfnttttttttt � � • tttqut� t�t� tit : � - "-�'�':' go . lop RPD- ZONING loorparl< Avenue -- COFFEE GRINDER �. rl ri .- N Tl 11 XTM not i P \ \ CANTON I� �� '\\\\\\C r 111.11 117T �XKKWK\\,�\:On I MI ! IL� �11I11,llIll��TT11111ff11 �t" Q� C Q� Q Q� bD C Q cn O 1 _=ITS` YAMA SUSHI ATTACHMENT 3 RCS( imn TARt P D177A 000009 O m Zi zj 0 mi re . ...... ... 7�1 .............. . ...... .... ....... II ......... ..... ...... -- --- - - - - - ... .......... . °::. l ........... --i 0 x m m > 70 0 ......... Cl) > f --i 0 x m m > 70 0 ......... Cl) --i 0 x m IL 23 _Q0 OWI NAB /7;) FLOOR PUN s� Evi Lmzap-D -,Vwm INIT-7tcAeD FcK #Nfb"AJAON - RESOLUTION NO. 2000- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2000 -02 TO ALLOW THE OFF -SITE SALE OF ALCOHOLIC BEVERAGES INCLUDING BEER, WINE, AND LIQUOR AT THE LONGS DRUG STORE LOCATED IN THE MOORPARK TOWN CENTER AT THE NORTHWEST CORNER OF LOS ANGELES AND MOORPARK AVENUES (APN 511 -0- 080 -38) WHEREAS, on January 18, 1984, the City Council approved Planned Development Permit No. 980 for the construction of Moorpark Town Center, a 125,113 square foot retail commercial center, authorizing the establishment of commercial uses, including the sale of alcohol within the center which was allowed as a permitted use at that time; and WHEREAS, on February 7, 2000, Longs Drug Store, the applicant applied for Conditional Use Permit No. 2000 -02, to allow the sale of alcoholic beverages including beer, wine and liquor in a proposed Longs Drug Store within Planned Development Permit No. 980; and WHEREAS, This use will not have the potential to cause a significant effect on the environment and a Class 1 Exemption from the provisions of the California Environmental Quality Act for the operation or alteration of private structures 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 including beer, wine, and liquor is granted to the City Council pursuant to Ordinance No. 234 and as modified by Resolution No. 97 -1346; and WHEREAS, at its meeting of August 2, 2000 and September 6, 2000, the City Council held a duly noticed public hearing to consider the application filed by Longs Drug Store requesting approval of Conditional Use Permit No. 2000 -02 which is now required because of a change in the Municipal Code in 1997 and the loss of non - conforming status of this location to sell alcoholic beverages because of its vacant status for more than one (1) year; and WHEREAS, at its public hearing of August 2, 2000 and September 6, 2000, the City Council, after receiving public testimony, and review and consideration of the information contained in the staff ATTACHMENT 5 \ \MOR_PRI_SERV \City Share \Com -nunity Development \Everyone \Resolutions and Conditions \cc - 000802 Cup 00 -02 reso and conditions - FINAL.doc Revised on: 8/11/2000 11:33 AM 0Y. q� 0012 Resolution No. 2000 - Page 2 report dated August 11, 2000, and closing of the public hearing on September 6, 2000, reached a decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City Council hereby finds that this request for a Conditional Use Permit qualifies for an exemption from the provisions of Section 15061 of the CEQA Guidelines; SECTION 2. Based upon the information and findings presented in this Resolution, accompanying documents and public testimony, the City Council finds that: a. Conditional Use Permit No. 2000 -2 is consistent with the intent and provisions of the City's General Plan and of the City Municipal Code. b. Conditional Use Permit No. 2000 -2 is compatible with the character of surrounding development. C. Conditional Use Permit No. 2000 -2 would not be obnoxious or harmful, or impair the utility of neighboring property or uses. d. Conditional Use Permit No. 2000 -2 would not be detrimental to the public interest, health, safety, convenience, or welfare. e. This proposed use is consistent 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 based upon ABC criteria that may be modified for specific reasons. 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. j. The exterior appearance of the structure will not be inconsistent with the external appearance of commercial 000013 Resolution No. 2000 - Page 2 report dated August 11, 2000, and closing of the public hearing on September 6, 2000, reached a decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City Council hereby finds that this request for a Conditional Use Permit qualifies for an exemption from the provisions of Section 15061 of the CEQA Guidelines; SECTION 2. Based upon the information and findings presented in this Resolution, accompanying documents and public testimony, the City Council finds that: a. Conditional Use Permit No. 2000 -2 is consistent with the intent and provisions of the City's General Plan and of the City Municipal Code. b. Conditional Use Permit No. 2000 -2 is compatible with the character of surrounding development. C. Conditional Use Permit No. 2000 -2 would not be obnoxious or harmful, or impair the utility of neighboring property or uses. d. Conditional Use Permit No. 2000 -2 would not be detrimental to the public interest, health, safety, convenience, or welfare. e. This proposed use is consistent 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 based upon ABC criteria that may be modified for specific reasons. 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. The exterior appearance of the structure will not be inconsistent with the external appearance of commercial 000014 Resolution No. 2000 - Page 3 structures already constructed or under construction on surrounding properties, or within the immediate neighborhood so as to cause blight, deterioration or substantially diminish property values within the neighborhood. SECTION 3. The City Council conditionally approves Conditional Use Permit No. 2000 -2 for the off -site sale of alcoholic beverages including beer, wine and liquor. SECTION 4. 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 , Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Attachment: Exhibit A - Conditions of Approval ®00®1.5 Resolution No. 2000 - Page 4 Community Development Department Conditions of Approval: 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 for the purpose of allowing the sale of alcoholic beverages for consumption off -site only. 3. All conditions of approval of Resolution No. 84 -63 (Resolution approving PD 980) and Minor Modifications No's 1 through 12 of Planned Development Permit No. 980 apply except as modified by this Resolution. 4. Any violations of the ABC license or Police Department conditions of approval 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. 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. All signage shall follow the provisions of the approved Sign Program for the Moorpark Town Center. 6. Approval of a Zoning Clearance with a revised site and floor plan reflecting all conditions of approval from this resolution is required prior to occupancy of the site or commencement of any tenant improvements within the building relating to alcohol sales. 7. The proposed door on the east side of the building shall have a time delay feature installed with an alarm and a surveillance camera to monitor the door as required by the Police Department. 8. The total display and storage of alcoholic beverages shall not exceed five (50) percent of the total square footage of the store or a maximum of 907 square feet, whichever is less. 9. No shopping cart storage locations, soda vending machines, water vending machines, coin operated rides for children or other machines shall be located on the exterior of the building, on the sidewalk or in the parking lot without EXHIBIT "A" 000016 Resolution No. 2000 - Page 5 approval of an additional permit. Newspaper racks may be allowed consistent with all provisions of Chapter 5.60 of the Municipal Code. 10. The applicant shall pay all outstanding case processing (Planning and Engineering), and all City legal service fees prior to issuance of a Zoning Clearance. The applicant, permittee, or successors in interest, shall also submit a fee to cover costs incurred by the City for Condition Compliance review of the Conditional Use Permit and related permits for the site. Police Department Conditions: 11. Areas inside the establishment open to customers shall be sufficiently illuminated. Lighting shall be approved by the Director of Community Development and the Police Department. 12. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under control of the licensees. 13. 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. 14. There shall be no signage within the windows to block view from outside. 15. The licensee shall be responsible for maintaining free of litter the area adjacent to the premises over which licensee has control or responsibility. 16. 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. 17. Licensee shall not permit any loitering on any property adjacent to the licensed premises under the control or responsibility of the licensee. 18. 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 000(}1 Resolution No. 2000 - Page 6 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. 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. 19. No person under the age of 21 shall sell or package alcoholic beverages. 20. No pay phone shall be maintained on the exterior of the premises. A phone for employee's use only shall be located behind the counter area. 21. The exterior exit doors 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. 22. Sales of alcoholic beverages shall not exceed five (50) percent 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 (6:00 a.m. to 12:00 p.m. midnight) as stated on ABC form 257 (Planned Operation). 24. No employees shall sell alcohol to a person under the age of 21. 25. 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. The security system shall include a video camera with 24 -hour recording capability to monitor entry and exits to the store and the cash reaister area. 27. The continued maintenance of the permit area and facilities shall be subject to periodic inspection by the City. The 000018 Resolution No. 2000 - Page 7 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. 000619