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HomeMy WebLinkAboutRES PC 2021 654 2021 0223RESOLUTION NO. PC -2021-654 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2020-05, TO ALLOW THE SALE OF BEER, WINE AND LIQUOR FOR OFF-SITE CONSUMPTION AND ON-SITE INSTRUCTIONAL TASTING AT A PROPOSED 35,467 SQUARE - FOOT GROCERY STORE LOCATED AT 742 LOS ANGELES AVENUE AND MAKING A DETERMINATION OF EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) IN CONNECTION THEREWITH ON THE APPLICATION OF MICHAEL CHESSER (FOR VILLAGE AT MOORPARK PROPERTY OWNER, L.P.) WHEREAS, on October 1, 2020, an application was filed for a Conditional Use Permit (CUP) No. 2020-05, to allow the sale of beer, wine, and liquor for off-site consumption and on-site instructional tasting at a proposed grocery store located at 742 Los Angeles Avenue, within the Carlsberg Specific Plan; and WHEREAS, at a duly noticed public hearing on February 23, 2021 for CUP No. 2020-05, the Planning Commission considered the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal; closed the public hearing and reached a decision on this matter; and WHEREAS, the Community Development Department has determined that CUP No. 2020-05 is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Sections 15301 (Class 1: Existing Facilities) of the CEQA Guidelines. The proposed license authorizing the sale of beer, wine, and liquor for off-site consumption and on-site instructional tasting is consistent with the General Plan and Zoning regulations. In addition, there is no substantial evidence that the project will have a significant effect on the environment in that the site has already been developed. No further environmental documentation is needed. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTATION: the Planning Commission, based on its own independent analysis and judgment, concurs with the Community Development Director's determination that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Class 1: Existing Facilities) of the CEQA Guidelines. The proposed sale of beer, wine, and liquor for off-site consumption and on-site instructional tasting is consistent with the General Plan and Zoning regulations. In addition, there is no substantial evidence that the project will have a significant effect on the environment in that the site has already been developed. No further environmental documentation is needed. PC ATTACHMENT 7 Resolution No. PC -2021-654 Page 2 SECTION 2. CONDITIONAL USE PERMIT FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the Planning Commission makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.040: A. The proposed use is consistent with the provisions of the General Plan, zoning ordinance, and all applicable regulations in that the sale of alcohol is a conditionally permitted use. The proposed use is also consistent with General Plan Land Use Element Goal No. 7 to "provide for a variety of commercial facilities which serve community residents and meet regional needs" and Goal No. 8 to "provide for new commercial development which is compatible with surrounding land uses". B. The proposed use, as conditioned, is compatible with both existing and permitted land uses in the surrounding area in that the grocery store selling alcohol for off- site consumption and on-site instructional tasting is consistent with existing commercial uses within the Carlsberg Specific Plan area. C. The proposed use, as conditioned, is compatible with the scale, visual character, and design of surrounding properties in that there will be no changes to the exterior of the building as a result of the application. D. The proposed use, as conditioned, would not be obnoxious or harmful, or impair the utility of neighboring property or uses in that conditions of approval have been added to minimize noise levels, prevent trash and debris, ensure adequate security and surveillance of the property, prohibit alcohol signage on the exterior of the store and limit the hours during which alcohol may be sold. E. The proposed use, as conditioned, would not be detrimental to the public health, safety, convenience, or welfare in that the sale of alcohol for off-site consumption and on-site instructional tasting within a grocery store is compatible with the surrounding uses. Additional Findings for Establishments Selling Alcoholic Beverages: F. The proposed use would not result in an over concentration in the area of establishments selling alcoholic beverages for off-site consumption and on-site instructional tasting, as these sales and service will be ancillary to the sale of general food and goods in the grocery store and conditions of approval have been included to minimize the potential for negative impacts related to the sale and service of alcohol. Although the State ABC sets a level of "undue concentration" based on factors noted in Business and Professions Code 23958.4, the City of Moorpark does not maintain a defined threshold for over concentration of alcohol uses. The proposed sale of alcohol and instructional tastings would not generate new safety or police concerns, as it would be accessory to a grocery store with a security system and various conditions ensuring the safe sale and service of alcohol. The proposed location of the Resolution No. PC -2021-654 Page 3 business is in a busy shopping corridor, with a healthy mixture of service and retail uses. There are currently no existing Type 21 and Type 86 Licenses within the Village at Moorpark Shopping Center. No other facility in Moorpark holds a Type 86 License, therefore no over concentration exists. Within proximity to the project site, in Census Tract 76.13, Target, Smart and Final, Mayflower Market and Liquor, Tipsy Fox, and Old Town Liquor and Market hold Type 21 licenses. The proposed use is consistent with the uses envisioned by the General Plan, Carlsberg Specific Plan, and Zoning Code. Therefore, the proposed sale of alcohol for off-site consumption and on-site instructional tasting would not result in an over concentration of establishments selling alcohol for off-site consumption or on-site instructional tastings in the area. G. The proposed use will provide a public convenience and necessity, in that the sale of alcoholic beverages for off-site consumption and on-site instructional tasting is an ancillary use to the proposed grocery store. H. The use will not create the need for increased police services, in that conditions are included to ensure proper control of the sales of alcoholic beverages for off- site consumption and on-site instructional tasting. The requested use at the proposed location will not adversely affect the economic welfare of the community. The proposed sale of alcohol for off-site consumption and on-site instructional tasting would be an ancillary use to a proposed grocery store currently under renovation. The sale of alcohol for off- site consumption is customary within grocery stores, which sell a wide variety of foods and products to local and regional patrons. The grocery store will occupy two large vacant tenant spaces and would provide increased commercial activity in the Village at Moorpark Shopping Center. In addition, the Applicant has stated that the proposed grocery store would result in 350 to 400 new jobs. Therefore, the proposed sale of alcohol for off-site consumption and on-site instructional tasting within a new grocery store would be expected to have a positive economic impact on the community. J. 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 property values within the neighborhood. The proposed sale of alcohol for off-site consumption and on-site instructional tasting includes no requested modifications to the exterior of the existing structures. Previously the Community Development Director approved exterior alterations, associated with the proposed grocery store on October 20, 2020, as part of Permit Adjustment No. 3 to Commercial Planned Development Permit No. 2004-01, which were found consistent with the existing architecture of the Village at Moorpark Shopping Center and requirements of the Carlsberg Specific Plan. In addition, the CUP has been conditioned that there must be no advertising of any kind or type promoting or indicating the availability of beer, wine, and liquor visible from the exterior of the building. Resolution No. PC -2021-654 Page 4 SECTION 3. PLANNING COMMISSION APPROVAL: the Planning Commission herby approves CUP No. 2020-05 subject to the Standard and Special Conditions of Approval found in Exhibit A attached. SECTION 4. FILING OF RESOLUTION: The Community Development Director shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: Commissioners Alva, Barrett, Haverstock, and Chair Landis NOES: None ABSENT: None ABSTAIN: None PASSED, AND ADOPTED this 23rd day of February, 2021. Karen Vaughn, AICP Interim Deputy City Manage /Community Development Director Exhibit A: Standard and Special Conditions of Approval for Conditional Use Permit (CUP) No. 2020-05 Resolution No. PC -2021-654 Page 5 EXHIBIT A CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT (CUP) No. 2020-05 STANDARD CONDITIONS OF APPROVAL The applicant shall comply with Standard Conditions of Approval for Conditional Use Permits as adopted by City Council Resolution No. 2009-2799 (Exhibit B), except as modified by the following Special Conditions of Approval. In the event of conflict between a Standard and Special Condition of Approval, the Special Condition shall apply. SPECIAL CONDITIONS This Conditional Use Permit is granted or approved with the City's designated approving body retaining and reserving the right and jurisdiction to review and to modify the permit—including the conditions of approval—based on changed circumstances. Changed circumstances include, but are not limited to, major modification of the business; a change in scope, emphasis, size, or nature of the business; the expansion, alteration, reconfiguration, or change of use; or the fact that the use is negatively impacting surrounding uses by virtue of impacts not identified at the time of application for the conditional use permit or impacts that are much greater than anticipated or disclosed at the time of application for the conditional use permit. The reservation of right to review any permit granted or approved under this chapter by the City's designated approving body is in addition to, and not in lieu of, the right of the City, its Planning Commission, City Council and designated approving body to review and revoke or modify any permit granted or approved under this chapter for any violations of the conditions imposed on such permit. 2. The City of Moorpark reserves the right to modify, suspend or revoke for cause this conditional use permit consistent with Chapter 17.44 of the Moorpark Municipal Code or as may be amended in the future. 3. The development must be in substantial conformance with the plans presented in conjunction with the application for Conditional Use Permit No. 2020-05, except any modifications as may be required to meet specific Code standards or other conditions stipulated herein. All Conditions of Approval and requirements of Commercial Planned Development Permit No. 2004-01, as amended, shall continue to apply unless specifically modified by this Conditional Use Permit. Display of alcoholic beverages for sale may not exceed fifteen (15) percent of the display area for groceries. 4. No employee shall sell any alcoholic beverages to any person under twenty-one (21) years of age. Resolution No. PC -2021-654 Page 6 5. No person under the age of eighteen (18) shall sell packaged alcoholic beverages. 6. Employees involved in the sale or service of alcoholic beverages shall not be allowed to consume alcoholic beverages at any time during their shift. Employees shall not report to work with evidence of having consumed any intoxicants such as alcohol, illegal drugs or controlled substances. 7. Applicant shall provide the Community Development Department with a copy of license from the Department of Alcoholic Beverage Control (ABC) prior to issuance of zoning clearance for occupancy. 8. Approval of a Zoning Clearance is required prior to the issuance of building permits. 9. Prior to the issuance of a Zoning Clearance for tenant occupancy, the prospective tenant shall obtain a Business Registration from the City of Moorpark. All contractors doing work in Moorpark shall have or obtain a current Business Registration. 10. A separate sign permit application is required for all proposed signs, which are subject to the review and approval of the Community Development Director, 11. Other than a business sign in conformance with Chapter 17.40 of the Zoning Ordinance, there must be no advertising of any kind or type promoting or indicating the availability of beer, wine, and liquor visible from the exterior of the building. Interior signs or displays of beer, wine, or liquor that are clearly visible to the exterior shall constitute a violation of this condition. 12. All exterior areas of the site, including parking areas under use by the facility, must be maintained free of litter and debris at all times. 13. Prior to the issuance of a Zoning Clearance for tenant occupancy, the applicant shall submit a Developer Waste Reduction and Recycling Plan to the satisfaction of the Community Services Administrative Specialist. 14. Trash, recycling and potential food waste services must be provided by the City's franchised waste hauler, Waste Management. Services may be set up by calling (805) 522-9400. Use of any other third -party waste hauler is prohibited. 15. The proprietor shall reimburse the City of Moorpark for any additional police or other costs incurred by the City as a result of operations of the business, including 15% overhead on any such services. Resolution No. PC -2021-654 Page 7 16. No increase of floor area, other than what is being permitted as part of this permit, is permitted without approval of an additional permit adjustment or modification. 17. No outdoor storage is allowed under this approval. Any request for outdoor storage shall be subject to the application requirements in place at the time of such request. 18. A security alarm system shall be installed. Motion detection burglary or intrusion alarm systems shall utilize "Dual Technology" sensors capable of differentiating between human movement and non -human movement. 19. Prior to issuance of a Zoning Clearance for a building permit, the applicant shall submit a lighting plan and security plan for review and approval by the Community Development Director and Police Chief that demonstrates compliance with the City's Lighting Ordinance. 20. Prior to issuance of a Zoning Clearance for a building permit, the applicant shall submit a landscaping plan for review and approval by the Parks and Recreation Director and Police Chief that demonstrates compliance with the Landscape Design Standards and Guidelines. 21. Any and all employees directly involved or supervising the sale of alcoholic beverages shall provide evidence and the business shall maintain records that employees have: a. Received training from the State of California Department of Alcoholic Beverage Control "Leadership and Education in Alcohol and Drugs" LEAD program in the form of an ABC issued certificate. b. The Owner/Manager shall confirm with the California Department of Alcoholic Beverage Control within fifteen (15) days of hire any new employee has been scheduled with the local (Ventura ABC office) to attend the LEAD program course. Alternatively, this course attendance requirement may be met through a LEAD certified agency or company approved by the State of California. 22. The hours of operation for the sale of alcohol for off-site consumption and on-site instructional tasting are permitted as follows: Activity Permitted Hours Prohibited Hours Alcohol Sales for Off- 7:00 a.m. to 2:00 a.m., daily 2:00 a.m. to 7:00 a.m., daily Site Consumption Alcohol Instructional 7:00 a.m. to 12:00 a.m., daily 12:00 a.m. to 7:00 a.m., daily Tasting Resolution No. PC -2021-654 Page 8 23. All necessary permits must be obtained from the Building and Safety Division and all construction shall be in compliance with the Moorpark Building Code and all other applicable regulations. 24. All activities on the property must comply with the City's noise regulations. 25. Games or contests requiring or involving the consumption of alcoholic beverages shall not be permitted at any time. 26. During any activity that may require the need for additional security, security personnel must be provided to monitor the parking area(s) designated for use by customers of the facility. The applicant shall work with the Police Department and Community Development Department staff to determine which activities shall require additional security. 27. The applicant shall comply with Chapter 8.32 PROHIBITING SMOKING IN PUBLIC PLACES at all times and shall provide signs consistent with Section 8.32.040 of the Moorpark Municipal Code to the satisfaction of the Community Development Director, prior to initiation of the uses allowed by this permit. Any smoking area, if desired, shall comply with Section 8.32.030 of the Moorpark Municipal Code. 28. The site shall maintain no more than 15% of the sales floor area for the display or storage of beer, wine, and/or liquor at any time. -END-