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Home My WebLink AboutAGENDA REPORT 2001 0221 CC REG ITEM 09AITEM 9 . CITY OF N1O0RVNRK, CALIFOR.NLk City Council fleeting of�a ►�aDOf ACTION:f 4aQ1ed -4i rFredommemb::ham tno-lud:n( cidophon a4- R--so BY:� -�- MOORPARK CITY COUNCIL AGENDA REPORT To: The Honorable City Council From: Wayne Loftus, Director of Community Development�.L_ Prepared by Lynn Harris, Planning Manager Date: February 14, 2001 (CC Meeting of 2/21/01) Subject: Consider Conditional Use Permit No. 2000 -05, a Request to Allow the Off -site Sale of Beer and Wine for Take -out Only at an Existing Gasoline Station, Car Wash and Mini - Mart Located at 550 W. Los Angeles Avenue, at the Southwest Corner of Liberty Bell Road and Los Angeles Avenue.(Eddie Garabaghi - Applicant) BACKGROUND This Conditional Use Permit has been submitted to request authorization to sell beer and wine for off -site consumption only, from the mini -mart which is part of the gas station /car wash facility located on the southwest corner of Los Angeles Avenue and Liberty Bell Road (APN 506 -0- 050 -495). Referred to as off -site sales, there would be no consumption of alcohol on the premises. This restriction, consistent with the type of license requested, would be enforced by Alcoholic Beverage Control (ABC). The original development of the subject property was authorized under Commercial Planned Development No. 97 -01 and Conditional Use Permit No. 97 -02. Project Setting Direction Zoning General Plan Current Use Site CPD C -2 Mobil Gas Station, Lubrication Facility, Car Wash, Mini -Mart North CPD C -2 Mission Bell Plaza West CPD C -2 Undeveloped Commercial South RPD 7.6 VH Pacific Communities Tract 5204, 37 units, approved, not built East CPD C -2 Burger King and Undeveloped Commercial 000001 Honorable City Council February 14, 2001 Page 2 Definitions of desiqnations Zoning: CPD = Commercial Planned Development, RPD = Residential Planned Development, C -1 = Neighborhood Commercial. General Plan: C -2 = General Commercial, C -1 = Neighborhood Commercial, VH = Very High Density Residential. DISCUSSION On November 2, 2000, Conditional Use Permit No. 2000 -05 (CUP No. 2000 -05) was filed by Eddie Gharabaghi requesting the approval of off -site sale of beer and wine in the Mobil Mini -Mart at 550 West Los Angeles Avenue. A Conditional Use Permit is required for the sale of beer and wine at this location per Ordinance No. 234. 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. A notice of public hearing concerning this application for off -site beer and wine sales was mailed to all property owners within one thousand (1,0001) feet of the subject property and published in the local newspaper, as required by the Zoning Ordinance. Hours of Operation Ordinance No. 234 limits the hours that businesses may sell alcohol. These times are from 6:00 a.m. to 12:00 a.m. (midnight). A condition of approval limiting the hours of operation consistent with Ordinance No. 234 has been included in the draft Resolution attached to this report. S: \Community Development \Gail Rice \cup20005sr_.doc 0000 0.14 Honorable City Council February 14, 2001 Page 3 Parkin Standards The Mobil Mini -Mart site was developed under current Commercial Planned Development standards and has adequate parking for the existing uses. The addition of beer and wine sales does not change any building square footages or uses under the Commercial Planned Development. There is no change to the parking standards or on- site parking as a result of this application. Alcohol Display The proposed display area for the beer and wine is cooler space and a small portion of the floor area as noted on the attached floor plan. The Police Department has commented that the beer and wine displays should be in full view of the cashiers at all times and that no floor space should be devoted to alcohol display. They further recommend the coolers containing beer and wine be locked at all times. The recommended conditions of approval incorporate these comments. Approval 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: According to the Alcoholic Beverage Control (ABC) , an 'over concentration' of alcohol sales is determined by the 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 bound 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. ABC has determined that the twelve (12) existing licenses exceeds S: \Community Development \Gail Rice \cup20005sr_.doc 0000() ,-, Honorable City Council February 14, 2001 Page 4 the eight (8) licenses authorized in this tract, based upon the designated ratio noted above. ABC has determined that an over concentration of points of sale of alcoholic beverages exists in this tract. Further evaluation of the ABC license statistics appear appropriate since Census Tract 76.02 includes a large portion of the city's commercial zoning. The twelve (12) existing points of sale licenses include restaurant /bar on -site consumption locations. When broken down between off -sale of beer and wine and on -site consumption, the establishments within Census Tract 76.02 selling beer and wine for off -sale, take -out only are: - Moorpark Shell 301 W. Los Angeles Avenue - Moorpark Liquor 312 W. Los Angeles Avenue - Albertsons 475 W. Los Angeles Avenue - Bauduccos 563 W. Los Angeles Avenue - Longs Drugs 155 W. Los Angeles Avenue - Ralphs Market 101 W. Los Angeles Avenue - Summit Energy 50 W. Los Angeles Avenue These establishments, are within two thousand feet (20001) of the subject Mobil Mini -Mart location. 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. Examples of criteria that could allow the approval of CUP No. 2000 -05 are: proximity of the use to other similar uses, location on a main thoroughfare, existence as a destination for workers and people passing through town, and the number of licenses in surrounding areas (census tracts). Given the above evaluation of existing ABC licenses, a focal finding can be made that the proposed CUP will not result in an over concentration in the area of establishments selling alcoholic beverages. S: \Community Development \Gail Rice \cup20005sr_.doc 00000 -A Honorable City Council February 14, 2001 Page 5 B) The use will serve a public convenience. Response: The off -site sale of beer and wine at this location is convenient to the public, since mini -marts are designed for easy, quick stop shopping. 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 with an analysis of possible over - concentration of alcohol - related uses, addressed above. The Police Department further expressed concerns about the number of entrances to the mini -mart and the design of existing floor space as possibly facilitating shoplifting. Surveillance cameras already are in place at the mini -mart. The Police Department's concerns are addressed in a recommended condition of approval which requires coolers and floor area devoted to beer and wine sales, be in full, unblocked view of the cashier's station. 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 (CPD). This development was approved with a Commercial Planned Development Permit. The site is in conformance with all code requirements and conditions established for the multi -use facility. The off -site sale of beer and wine is a conditionally permitted use in the CPD Zone. Environmental Determination 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 allow the off -site sale of beer and wine at 550 W. Los Angeles Avenue has not been found to be detrimental to the community based upon the responses to the above - required findings. S: \Community Development \Gail Rice \cup20005sr_.doc n Ci 00Q0V 1 Honorable City Council February 14, 2001 Page 6 STAFF RECOMMENDATIONS 1. open the public hearing, accept public testimony and close the public hearing. 2. Determine that the requested off -site sale of beer and wine is exempt from CEQA pursuant to Section 15303 of the California Environmental Quality Act. 3. Adopt Resolution No. 2001- approving Conditional Use Permit No. 2000 -05 subject to the conditions contained in the draft Resolution. Exhibits: 1) General Plan Map 2) Zoning Map 3) Site Plan and Floor Plan 4) Resolution No. 2001- S: \Community Development \Gail Rice \cup20005sr_.doc 000009S RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2000 -05 TO ALLOW THE OFF -SITE SALE OF BEER AND WINE FOR TAKE -OUT ONLY AT THE EXISTING GASOLINE STATION, CAR WASH AND MINI - MART AT 550 W. LOS ANGELES AVENUE, AT THE SOUTHWEST CORNER OF LIBERTY BELL RD. AND LOS ANGELES AVENUE (APN 506 -0- 050 -49) WHEREAS, on November 2, 2000, Eddie Gharabaghi, the applicant, applied for Conditional Use Permit No. 2000 -05 to allow the off - site sale of beer and wine for take -out only in the existing mini - mart, in a development originally approved under a Commercial Planned Development No. 97 -01; 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 and wine for take -out only, 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 February 21, 2001, the City Council held a duly noticed public hearing to consider the application filed by Eddie Gharabaghi requesting approval of Conditional Use Permit No. 2000 -05; and WHEREAS, at its public hearing of February 21, 2001, the City Council, after receiving public testimony, and review and consideration of the information contained in the staff report dated February 12, 2001, reached a decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK 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: 000001 Resolution No. 2001 - Page 2 a. Conditional Use Permit No. 2000 -05 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 -05 is compatible with the character of surrounding development. C. Conditional Use Permit No. 2000 -05 would not be obnoxious or harmful, or impair the utility of neighboring property or uses. d. Conditional Use Permit No. 2000 -05 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 off -site beer and wine for take -out only based upon the findings a local jurisdiction may make under California State Law as included in the agenda report, dated February 12, 2001. 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. SECTION 2. The City Council hereby approves Conditional Use Permit No. 2000 -05 for the off -site sale of beer and wine for take- out only, subject to the following conditions of approval: 1. This Conditional Use Permit is hereby approved for the sale of beer and wine for consumption off -site only. 2. Applicant must provide the Community Development Department with a copy of the Alcoholic Beverage Control (ABC) approval prior to sale of beer and wine. 3. Hours of off -site beer and wine sales shall be limited to 6:00 a.m. to 12:00 a.m. (midnight). S: \CORmunity Deve:opr,.ent \Gail Rice \6jp 0005 Gharabaghi.res.doc 00000S Resolution No. 2001 - Page 3 4. Any violations of the Alcoholic Beverage Control (ABC) license or problems relating to noise or disturbances shall be grounds for the initiation of proceedings for revocation of this Conditional Use Permit. S. Applicant shall cover the existing trash enclosure on the property to the satisfaction of the Director of Community Development. 6. All conditions of approval of Commercial Planned Development No. 97 -01 and Conditional Use Permit No. 97 -02 shall apply to this Conditional Use Permit application unless specifically modified by this resolution. 7. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under control of the licensees. 8. 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. 9. There shall be no signage within the windows to block view from outside. 10. No person under the age of eighteen (18) shall sell or package beer and wine. 11. There shall be no floor displays of beer and wine. 12. The interior floor space shall be rearranged so as to provide a clear line of sight at all times between the cashier's station and the cooler or coolers containing beer and wine. 13. Areas inside the establishment open to customers shall be sufficiently illuminated. Lighting shall be approved by the Director of Community Development and Police Department. 14. The applicant shall be responsible for maintaining free of litter the area adjacent to the premises over which he has control. S: \C., rc. uni_y uevelopmen[ \Gail Rice \Cup JJ Ob Gtaraba?hi. res.doc 000009 Resolution No. 2001 - Page 4 15. 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 forty -eight (48) hours. 16. Petitioner shall not permit any loitering on any property adjacent to the licensed premises under the control of the licensee. 17. 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, or tobacco to adults of legal age. If any prospective employee selling beer and wine or tobacco is not currently trained, then, the ABC license proprietor shall confirm with the Department of ABC within fifteen (15) days of hire that the employee has been scheduled with the local ABC office to take the LEAD Program course. 18. 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 pay phone shall be maintained on the exterior of the premises, however a pay phone may be allowed inside the mini - mart. Additionally, a phone shall be located behind the counter area for employee use only. 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. S: \Ca,=unity Development \Gail Race \Cup CC C5 Gtarabach'_.res.doc 000Die 5 Resolution No. 2001 - Page 5 22. Sales of beer and wine 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. Security system shall include a video camera with twenty -four (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 the Moorpark Police Department to insure it meets minimum requirements. 24. Coolers containing alcoholic beverages will remain locked at all times and will require the assistance of a store employee to unlock and obtain an alcoholic beverage. 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 , Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk S. %CO_unzty Development \Gai'_ R-ce \Cup 00 -rS GCarabachi.res.doc 000011 rr�"all r —: jo. (t -L o S� �dN011iaNOo s0 -000Z - uvoA3d 3N30 ddW NV �d 1d 1N3WH�d w y, rm �Wild r0 1 ■fiilfitl LP11111 &M PA. Bair MOM _' Iii 10 1 t I _ • �,��1 {ilFClj� i 0 IL 3� ; �;111111I/ F•',,� iirl•. �.I i �Illl�ll+•.•� ti n Y Cj'�� E �= _" /� �� Ir C• s � �■ 'Affil ., .� Firm- L c11]+...,.] 111.1• ;74. Ma i ri ?a i '_..I^00 i [.v.1"[1% /n //l. e -t•► • �- NOR ..Ism EV73U Mme; t �r /{ GM MA Illi:):17711l= ..Illtlll:i: ll111H1111.= a oil TrIta �. a -c131111. �� 1..,•,r� a.�,�y 1)111111111111 [IIIIIIIIiIi �. • - �-';+�' 'r♦ � ,�,..— r��16:11 "'1'E11111111111� ♦ " F - -11'_:!11 � —. r:��Q�:�� R�,...� It!7_::,IIs. /IiJI.: � [.rl �� —..� ..p.•Itl� • . t { • a , , Its 111 1 ills=- tZE „ �.Ii I.ls ,— ■:A:,�. �= {1.1111_ _.Ili_ _l 1l 1 ;s .� -�� ♦ �.. 1 M7 COND ITIONAL USE PERMIT 2000 -05 FLOOR PLAN 550 W. LOS ANGELES AVE. Ml z Q a pc 0 0 u- w � Y 1L ;)OO J-