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HomeMy WebLinkAboutAGENDA REPORT 2021 0525 PC ITEM 08ACITY OF MOORPARK, CALIFORNIA Planning Commission Meeting of May 25, 2021 ACTION: Approved Staff Recommendation. BY: K. Valencia Item: 8.A. A. Consider a Resolution Approving Conditional Use Permit No. 2021-01, to Allow a 2,462 Square -Foot Retail Tobacco and Products Store in an Existing -1 0, 171 Square -Foot Shopping Center Located at 310 Los Angeles Avenue (Within the Parklane Center), and Making a Determination of Exemption Pursuant to the California Environmental Quality Act (CEQA) in Connection Therewith, on the Application of Rami Adbo Akary (for Rami Tobacco, Inc.) Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; and 2) Adopt Resolution No. PC -2021-655 approving Conditional Use Permit No. 2021-01. (Staff: Freddy A. Carrillo). Item: 8.A. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Freddy A. Carrillo, Associate Planner II DATE: 05/25/21 Regular Meeting SUBJECT: Consider a Resolution Approving Conditional Use Permit No. 2021-01, to Allow a 2,462 Square -Foot Retail Tobacco and Products Store in an Existing 10,171 Square -Foot Shopping Center Located at 310 Los Angeles Avenue (Within the Parklane Center), and Making a Determination of Exemption Pursuant to the California Environmental Quality Act (CEQA) in Connection Therewith, on the Application of Rami Adbo Akary (For Rami Tobacco, Inc.) STAFF RECOMMENDATION 1. Open the public hearing, accept public testimony, and close the public hearing; and 2. Adopt Resolution No. PC -2021-655 for approval of Conditional Use Permit No. 2021-01. PROJECT DESCRIPTION AND BACKGROUD On March 16, 2021, Rami Adho Akary (Applicant), on behalf of Rami Tobacco, Inc., submitted an application for a Conditional Use Permit (CUP) to allow a 2,462 square -foot retail tobacco and products store in an existing 10,171 square -foot shopping center, located at 310 Los Angeles Avenue (within the Parklane Center) (Attachments 1 and 2). The vacant unit was previously occupied by Cricket Wireless. Pursuant to Section 17.20.060.A.26.a of the Moorpark Municipal Code (MMC), a CUP is required to allow the sales of tobacco products in a retail smoking product store, as defined in Chapter 8.32 (Prohibitions of Smoking). An analysis of the proposed tobacco product is provided in the Analysis Section of this report. Honorable Planning Commission CUP No. 2021-01 05/25/2021 Regular Meeting Page 2 EXISTING AND SURROUNDING LAND USES The 28,139 square -foot lot is developed with an existing 10,171 square -foot shopping center (Parklane Center) and associated site improvements (approved via Planned Development No. 1047). The property contains several commercial and service retailers including Yummy Hawaiian BBQ, The Donut Shop, Moorpark Dental, and Moorpark Liquor. Access to the center is from Los Angeles Avenue with a secondary access on Park Lane. The following table summarizes the General Plan, zoning, and existing land uses on the subject property and within the vicinity. Surrounding Land Uses Direction General Plan Zoning / Specific PlanLand Land Use Use Designation Project Site General Commercial Commercial Planned Shopping Center (C-2) Development (CPD) General Commercial Commercial Planned North (C-2) Development (CPD) Shopping Center General Commercial Commercial Planned Car Wash / Auto South (C-2) Development (CPD) Service General Commercial Commercial Planned Bank / Shopping East (C-2) Development (CPD) Center General Commercial Commercial Planned West (C-2) Development (CPD) Shopping Center General Plan. Zonina. and Specific Plan Consiste The General Plan land use designation for the project site is Commercial Office (C-2). This designation provides for commercial areas with a wide range of retail and service activities. Intended uses include community shopping centers, department stores, furniture and appliance stores, restaurants, automotive uses, office and professional services, and business support services. The proposed retail tobacco store is consisted with this use. The proposed retail tobacco store would also occupy a commercial space that is currently vacant, which is directly consistent with Goal 7 of the Land Use Element to "Provide for a variety of commercial facilities which serve community residents and meet regional needs." The Zoning designation for the project site is Commercial Planned Development (CPD), The purpose of the zone is to encourage the development of coordinated, innovative and Honorable Planning Commission CUP No. 2021-01 05/25/2021 Regular Meeting Page 3 efficient commercial sites and to provide areas for a wide range of commercial retail and business uses, including stores, shops and office supplying commodities or performing services for the surrounding community. The proposed retail tobacco store is compatible with existing uses in the shopping center in that it would provide a variety of smoking products. ANALYSIS General Discussion: The proposed retail tobacco and products store would be located within a 2,462 -unit vacant tenant space. Included within this space is a 276 square -foot storage room and 50 square -foot restroom. The store would employ approximately 1 to 5 people with an estimated 1 employee per shift. Tobacco products will be displayed on wall shelving located behind counters and inside glass showcases. All tobacco products will be out of reach from customers; however, three non-alcoholic beverage vending machines and an automated teller machine (ATM) will be accessible for customers (Attachment 3). The Applicant also proposing to install approximately 32 video surveillance cameras throughout the store. The proposed hours of operation associated with the tobacco store would be 8:00 a.m. to 10:00 p.m., daily. The center does not have established hours of operation; however, these hours are consistent with similar retail stores located in shopping centers in the State Route 118/Los Angeles Avenue corridor. Currently, one retail tobacco store (Tobacco Zone) is currently operating within the City. As mentioned above, a CUP is required to allow the sales of tobacco products in a retail smoking product store, as defined in Chapter 8.32 (Prohibitions of Smoking). Pursuant to Section 8.32.010 (Definitions) of the MMC, a "Retail smoking products store" as any retail business establishment where at least fifty percent (50%) of product display area is for smoking products, including, but not limited to, cigarettes, cigars, pipe tobacco, electronic smoking devices, vaping E -liquids and supplies, and smoking supplies and accessories. A retail smoking product store does not include marijuana dispensaries or marijuana bakeries. The Applicant is proposing to sell products such as vape liquid, refillable vapes, disposable vapes, cigarettes, fine cigars, smoking accessories (made of glass), torch lighters, tobacco products, vaporizer machine and rolling paper. A condition of approval is included that requires a minimum of 50% of product display area is for smoking products. Recently, former President Donald J. Trump signed legislation amending the Federal Food, Drug, and Cosmetic Act, and raising the federal minimum age of sale of tobacco products from 18 to 21 years. This includes the selling of tobacco, e -cigarettes, and vaping products. In order to follow the new legal smoking age requirement, a Condition of Approval No. 6 of the draft resolution (Attachment 4) will require signage be posted on the main door indicating the age required to purchase tobacco products. Additionally, it is important to ensure that the surrounding residential uses are not negatively impacted by the introduction of this use. Therefore, a condition of approval will require the Applicant to police the exterior of the business to assure that there is no loitering of store customers in the parking lot or in areas adjacent to the store. Honorable Planning Commission CUP No. 2021-01 05/25/2021 Regular Meeting Page 4 Moorpark Police Department: The Moorpark Police Department has reviewed this application and has no concerns regarding the proposed use; however, it is recommended that the Applicant submit the Ventura County Sheriff's Office Video Surveillance Camera Registration Form to give dispatch permission to access cameras in the event of an emergency, or an alarm activation. FINDINGS Conditional Use Permit Findings: 1. The proposed use is consistent with the provisions of the General Plan, zoning ordinance, and all applicable regulations in that tobacco sales are 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". 2. The proposed use, as conditioned, is compatible with both existing and permitted land uses in the surrounding area in that the tobacco retail store does not conflict with existing uses within the Parklane center. 3. 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. 4. 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 ensure proper adequate security of the parking lot and surveillance of the property, and prohibit exterior advertising of any kind or type promoting or indicating the availability of tobacco. 5. The proposed use, as conditioned, would not be detrimental to the public health, safety, convenience, or welfare \in that at least fifty percent (50%) of product displayed are smoking products, including, but not limited to, cigarettes, cigars, pipe tobacco, electronic smoking devices, vaping E -liquids and supplies, and smoking supplies and accessories. PROCESSING TIME LIMITS Time limits have been established for the processing of development projects under the Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the Subdivision Map Act (Government Code Title 7, Division 2), and the California Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13, and California Code of Regulations, Title 14, Chapter 3). Under the applicable provisions Honorable Planning Commission CUP No. 2021-01 05/25/2021 Regular Meeting Page 5 of these regulations, the following timelines have been established for action on this project: Date Application Filed: March 16, 2021 Date Application Determined Complete: April 16, 2021 Planning Commission Action Deadline: July 15, 2021 ENVIRONMENTAL DETERMINATION In accordance with the City's environmental review procedures adopted by resolution, the Community Development Director or designee determines the level of review necessary for a project to comply with the California Environmental Quality Act (CEQA). Some projects may be exempt from review based upon a specific category listed in CEQA. Other projects may be exempt under a general rule that environmental review is not necessary where it can be determined that there would be no possibility of a significant effect upon the environment. A project which does not qualify for an exemption requires the preparation of an Initial Study to assess the level of potential environmental impacts. The Director has reviewed this project and found it to be Categorically Exempt in accordance with Section 15301 (Class 1: Existing Facilities) of the CEQA Guidelines because the Applicant is proposing a retail tobacco and products store within an existing building. Therefore, Staff has determined that there is no substantial evidence that the project would have a significant effect on the environment. NOTICING Public Notice for this meeting was given consistent with Chapter 17.44.070 of the Zoning Ordinance as follows: Publication. The notice of the public hearing was published in the Ventura County Star on May 16, 2021. 2. Mailing. The notice of the public hearing was mailed on May 14, 2021, to owners of real property, as identified on the latest adjusted Ventura County Tax Assessor Roles, within one -thousand (1,000) feet of the exterior boundaries of the assessor's parcel(s) subject to the hearing. 3. Sign. One 32 square -foot signs were placed on the street frontages on May 16, 2021. ATTACHMENTS 1. Location Map 2. Aerial Map 3. Proposed Site Plan and Floor Plan 4. Draft Resolution with Conditions of Approval M Ved N Q. �13 U) w qj 2 w *1 S Park Ln C- CU M zz o Lu LU > ~ z €o o a a a (OLE INN dOHS-M303SOdOild w 3a r m w Q F w U ¢ w w o NNOM dO 3d03S a o ui y r N O C'7 Q U Y ry O VJ O LU O O7. 2i Ld VJ / a oCl) OJ �w ON z I.L C/) O cMOoy� ,un uaaaoaa na w� K w Q aa O 6 a M Z Z O ~a y °x ~ Z K V a c w m O w H m W pp y rc Z? o eLL U) U) ww .. 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PC -2021-655 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2021-01, TO ALLOW A 2,462 SQUARE -FOOT RETAIL TOBACCO AND PRODUCTS STORE IN AN EXISTING 10,171 SQUARE -FOOT SHOPPING CENTER, LOCATED AT 310 LOS ANGELES AVENUE (WITHIN THE PARKLANE CENTER) AND MAKING A DETERMINATION OF EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) IN CONNECTION THEREWITH ON THE APPLICATION OF RAMI ABDO AKARY (FOR RAMI TOBACCO, INC.) WHEREAS, on March 16, 2021, an application was filed for a Conditional Use Permit (CUP) No. 2021-01, to allow a 2,462 square -foot retail tobacco and products store in an existing 10,171 square -foot shopping center (Parklane Center) located at 310 Los Angeles Avenue; and WHEREAS, at a duly noticed public hearing on May 25, 2021 for CUP No. 2021- 01, 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. 2021-01 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 because the Applicant is proposing a retail tobacco and products store within an existing building. 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 because the Applicant is proposing a retail tobacco and products store within an existing building. 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. ATTACHMENT 4 Resolution No. PC -2021-655 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 tobacco sales are 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". B. The proposed use, as conditioned, is compatible with both existing and permitted land uses in the surrounding area in that the tobacco retail store is consistent with existing commercial uses within the Parklane center. 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 ensure proper adequate security of the parking lot and surveillance of the property, and prohibit exterior advertising of any kind or type promoting or indicating the availability of tobacco. E. The proposed use, as conditioned, would not be detrimental to the public health, safety, convenience, or welfare in that the only products proposed to be sold are defined in the Moorpark Municipal Code as a "Retail smoking products store". SECTION 3. PLANNING COMMISSION APPROVAL: The Planning Commission herby approves CUP No. 2021-01 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: NOES: ABSENT: ABSTAIN: Resolution No. PC -2021-655 Page 3 PASSED, AND ADOPTED this 25th day of May, 2021. Kipp Landis Chair Karen Vaughn, AICP Community Development Director Exhibit A — Conditions of Approval Resolution No. PC -2021-655 Page 4 EXHIBIT A CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT (CUP) No. 2021-01 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. 2021-01, except any modifications as may be required to meet specific Code standards or other conditions stipulated herein. All Conditions of Approval and requirements of Planned Development No. 1047, as amended, shall continue to apply unless specifically modified by this Conditional Use Permit. 4. All necessary permits must be obtained from the Building and Safety Department and all construction shall be in compliance with the Moorpark Building Code and all other applicable regulations. 5. Approval of a Zoning Clearance is required prior to the issuance of building permits. 6. No person under the age of twenty-one (21) is allowed to enter and remain within the store at any time. Signage must be posted on the door indicating this prohibition to the satisfaction of the Community Development Director. Resolution No. PC -2021-655 Page 5 7. No person under the age of twenty-one (21) may sell or package tobacco products or smoking paraphernalia. 8. All exterior areas of the site, including parking areas under use by the store, must be maintained free of litter and debris at all times. 9. Areas inside the establishment open to customers must be illuminated sufficiently to allow the identification of persons. 10. The applicant or his/her designee shall be responsible to police the exterior of the business to assure that there is no loitering of store customers in the parking lot or in areas adjacent to the facility. The rear door must remain closed and locked during business hours. 11. The applicant shall comply with Chapter 8.32 PROHIBITING SMOKING IN PUBLIC PLACES at all times and shall provide signs consistent with Chapter 8.32.040 to the satisfaction of the Community Development Director, prior to initiation of the uses allowed by this permit. 12. The applicant must obtain a retail tobacco license from the Board of Equalization prior to opening. 13. 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. 14. A separate sign permit application is required for all proposed signs, which are subject to the review and approval of the Community Development Director. 15. 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 tobacco or smoking products from the exterior of the building. Interior signs or displays of tobacco or smoking products that are clearly visible to the exterior shall constitute a violation of this condition. 16. 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. 17. 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. 18. 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 Resolution No. PC -2021-655 Page 6 Community Development Department staff to determine which activities shall require additional security. 19. A minimum of 50% of product display area is for smoking products only. Marijuana dispensaries or marijuana bakeries are prohibited. STANDARD CONDITIONS OF APPROVAL The applicant shall comply with Standard Conditions of Approval for Conditional Use identified below from Resolution No. 2009-2799. 20. Within thirty (30) calendar days of approval of this entitlement, the applicant shall sign and return to the Planning Division an Affidavit of Agreement and Notice of Entitlement Permit Conditions of Approval, indicating that the applicant has read and agrees to meet all Conditions of Approval of this entitlement. The Affidavit of Agreement/Notice shall include a legal description of the subject property and have the appropriate notary acknowledgement suitable for recordation. 21. This Conditional Use Permit expires one (1) year from the date of its approval unless the use has been inaugurated by issuance of a building permit for construction. The Community Development Director may, at his/her discretion, grant up to two (2) additional one-year extensions for use inauguration of the permit, if there have been no changes in the adjacent areas and if the applicant can document that he/she has diligently worked towards use inauguration during the initial period of time. The request for extension of this permit shall be made in writing, at least thirty (30) days prior to the expiration date of the permit and shall be accompanied by applicable entitlement processing deposits. 22. The Conditions of Approval of this entitlement and all provisions of the City of Moorpark Municipal Code and adopted City policies at the time of the entitlement approval, supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said plans or application. 23. Conditions of this entitlement may not be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. 24. The applicant shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning this entitlement approval, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37 or other sections of state law as applicable. The City will promptly notify the applicant of any such claim, action or proceeding, and, if the City should fail to do so or should fail to cooperate fully in the defense, the applicant shall not Resolution No. PC -2021-655 Page 7 thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. a. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur: The City bears its own attorney fees and costs; The City defends the claim, action or proceeding in good faith. b. The applicant shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the applicant. The applicant's obligations under this condition shall apply regardless of whether a a building permit is issued pursuant to the permit or the use is inaugurated. 25. If any of the conditions or limitations of this approval are held to be invalid, that holding does not invalidate any of the remaining conditions or limitations set forth. 26. All facilities and uses, other than those specifically requested in the application and those accessory uses allowed by the Municipal Code, are prohibited unless otherwise permitted through application for Modification consistent with the requirements of the zone and any other adopted ordinances, specific plans, landscape guidelines, or design guidelines. FEES 27. Entitlement Processing: Prior to the approval of any Zoning Clearance for this entitlement, the applicant shall submit to the Community Development Department all outstanding entitlement case processing fees, including all applicable City legal service fees. This payment shall be made within sixty (60) calendar days after the approval of this entitlement. OPERATIONAL REQUIREMENTS 28. All uses and activities must be conducted inside the building(s) unless otherwise authorized in writing by the Community Development Director and consistent with applicable Zoning Code provisions. 29. No noxious odors may be generated from any use on the subject site.