HomeMy WebLinkAboutAGENDA REPORT 2022 0927 REG PC ITEM 08DCITY OF MOORPARK, CALIFORNIA
Planning Commission Meeting
of September 27, 2022
ACTION: Approved Staff Recommendation,
Including Adoption of Resolution
No. PC-2022-675.
BY: J. Lugo
A.Consider Resolution No. PC-2022-675, Approving Conditional Use Permit No. 2022-
06 to Supersede Conditional Use Permit No. 2000-01, to Allow the Sale of Beer,
Wine and Alcoholic Beverages for Off-Site Consumption at an Existing 4,185 Square-
Foot Retail Store, Located at 14711 Princeton Avenue, Suite #6 (Varsity Park Plaza),
and Making a Determination of Exemption Pursuant to California Environmental
Quality Act in Connection Therewith, on the Application of Matanous Ballat for
Handiest Food Mart. Staff Recommendation: 1) Open the public hearing, accept
public testimony, and close the public hearing; and 2) Adopt Resolution No. PC-
2022-675 approving Conditional Use Permit No. 2022-06 to supersede Conditional
Use Permit No. 2000-01 and finding the project Exempt from the California
Environmental Quality Act (CEQA). (Staff: Philip Neumann)
Item: 8.D.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: Philip Neumann, Associate Planner I
DATE: 09/27/22 Regular Meeting
SUBJECT: Consider Resolution No. PC-2022-675, Approving Conditional Use
Permit No. 2022-06 to Supersede Conditional Use Permit No. 2000-01,
to Allow the Sale of Beer, Wine and Alcoholic Beverages for Off-Site
Consumption at an Existing 4,185 Square-Foot Retail Store, Located
at 14711 Princeton Avenue, Suite #6 (Varsity Park Plaza), and Making
a Determination of Exemption Pursuant to California Environmental
Quality Act in Connection Therewith, on the Application of Matanous
Ballat for Handiest Food Mart
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony, and close the public hearing;
and,
2. Adopt Resolution No. PC-2022-675 approving Conditional Use Permit No. 2022-
06 to supersede Conditional Use Permit No. 2000-01, and finding the project
Exempt from the California Environmental Quality Act (CEQA).
PROJECT DESCRIPTION AND BACKGROUND
On May 17, 2000, the City Council approved Minor Modification No. 7 to Planned
Development Permit No. 897 modifying condition No. 39 prohibiting the sale of alcoholic
beverages other than beer and wine and Conditional Use Permit No. 2000-01, allowing
the sale of alcoholic beverages other than beer and wine at the handiest food mart located
at 6611 Princeton Avenue on the application of Handiest Food Mart. The resolution
deleted condition No. 39 from the planned development permit and provided conditions
for the conditional use permit.
On March 7, 2022, Matanous Ballat for Handiest Food Mart submitted an application for
Modification No. 1 to Conditional Use Permit (CUP) No. 2000-01 to request amendments
to several conditions of approval of the original CUP with the intent of expanding the area
Item: 8.D.
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Honorable Planning Commission
CUP 2022-06
09/27/2022 Regular Meeting
Page 2
of alcohol display and the percentage of alcohol sales, at the existing 4,185 square-foot
retail store, located at 14711 Princeton Avenue, Suite #6 (Attachment 1).
The existing CUP (CUP 2000-01) specifies that no more than 87 square feet of the
premises will be used for the sale of alcoholic beverages (condition of approval #18) and
sales of alcoholic beverages shall not exceed one-third (1/3) of the total gross sales of
the entire business (condition of approval #22). These were stipulated within the original
resolution as Police Department conditions of approval, but are not consistent with the
current condition practices of the Police Department. During review of the application,
Staff concluded that a new CUP was preferred, as it would incorporate updated conditions
of approval, remove those that are no longer valid (and problematic to the Applicant), and
provide one permit source for those changes. The new CUP would also update the
permitted use to the current updated address of the building. Additionally, the previous
CUP received a decision by City Council, which is not required by our current Municipal
Code standards. This new CUP would provide a streamlined path for any possible
modifications in the future.
Pursuant to Section 17.20.060.A.2.b of the Moorpark Municipal Code (MMC), a CUP is
required to allow the sale of beer, wine and other alcoholic beverage sales for off-site
consumption when in conjunction with another city-approved retail or service use other
than automobile service station or liquor store. The primary use of this market is food,
with beer, wine and liquor being the ancillary use.
EXISTING AND SURROUNDING LAND USES
The existing market is located within Suite #6, a 4,185 square-foot indoor retail space
within the Varsity Park Plaza Shopping Center. Access to the center is provided by East
Amherst Street and Campus Park Drive. The following table summarizes the General
Plan, zoning, and existing land uses on the subject property and within the vicinity.
General Plan / Zoning / Existing Land Use
Direction General Plan Zoning / Specific Plan Existing Land
Use
Site General Commercial
(C-2)
Commercial Planned
Development (CPD)
Varsity Park
Plaza
North
Medium Density
Residential
(4 DU/AC)
(M)
Residential Planned
Development
(RPD-5U)
Multi-Family &
Single-Family
Dwellings
South
Medium Density
Residential
(4 DU/AC)
(M)
Single-Family Residential
(R-1)
Single-Family
Dwellings
126
Honorable Planning Commission
CUP 2022-06
09/27/2022 Regular Meeting
Page 3
Direction General Plan Zoning / Specific Plan Existing Land
Use
East
Medium Density
Residential
(4 DU/AC)
(M)
Single-Family Residential
(R-1)
Single-Family
Dwellings
West
Medium Density
Residential
(4 DU/AC)
(M)
Single-Family Residential
(R-1)
Single-Family
Dwellings
General Plan, Zoning, and Specific Plan Consistency:
The General Plan land use designation for the project site is General Commercial (C-2).
Similarly, the zoning designation for the project site is Commercial Planned Development,
which is consistent with the General Plan designation. Both designations support the
existing commercial retail use.
The existing retail use with its expanded alcohol display and sales would continue to
occupy a commercial space, which is directly consistent with Goal 7 of the Land Use
Element: provide for a variety of commercial facilities which serve community residents
and meet regional needs and Goal 8 of the Land Use Element: Provide for new
commercial development which is compatible with surrounding land uses.
ANALYSIS
General Discussion:
The market is currently operating and is proposed to remain within the existing shopping
center at its current location. The proposed hours of operation would 7:00 a.m. to 10:00
p.m., Sunday through Thursday, and 7:00 a.m. to 11:00 p.m., Friday and Saturday. The
store would employ up to six employees, with two to three working per shift.
The display of beer, wine and liquor would use approximately 270 square feet of tenant
space. A beer cave is proposed as a walk-in cooler for customers, while the other coolers
and storage areas will remain locked and for employees only. All alcohol displays are
open to the public. However, items in the liquor display behind the counter must be
requested by the customers. The market would also display approximately 370 square
feet of non-alcoholic products, such as chips, produce, daisy, soft drinks, among other
grocery items.
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Honorable Planning Commission
CUP 2022-06
09/27/2022 Regular Meeting
Page 4
View from parking lot toward proposed business.
Moorpark Police Department:
The Moorpark Police Department has reviewed this application and has recommended
conditions of approval (Attachment 5) requiring a security plan, installation of a security
system with specific requirements, secured doors, and a barrier separating the counter
area from the rest of the store. With the addition of these conditions, the Police
Department has no concerns regarding the proposed use.
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
of these regulations, the following timelines have been established for action on this
project:
Date Application Filed: March 7, 2022
Date Application Determined Complete: September 7, 2022
Planning Commission Action Deadline: November 6, 2022
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
128
Honorable Planning Commission
CUP 2022-06
09/27/2022 Regular Meeting
Page 5
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
commercial 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:
1. Publication. The notice of the public hearing was published in the Ventura County
Star on September 16, 2022.
2. Mailing. The notice of the public hearing was mailed on September 16, 2022, to
owners of real property, as identified on the latest adjusted Ventura County Tax
Assessor Roles, within 1,000 feet of the exterior boundaries of the assessor’s
parcel(s) subject to the hearing.
3. Sign. Three 32 square-foot signs were placed on the street frontages on
September 16, 2022.
ATTACHMENTS
1. Location and Aerial Maps
2. Existing Site Plan
3. Proposed Floor Plan
4. Resolution No. 2000-1736 for CUP No. 2000-1 (For Reference Only)
5. Draft Resolution with Conditions of Approval
129
Location Map - 14711 Princeton Avenue, Suite #6
PC ATTACHMENT 1
130
Aerial Map - 14711 Princeton Avenue, Suite #6
PC ATTACHMENT 1
131
Handiest Food Mart
14711 Princeton Ave. #6, Moorpark, CA 93021
Applicant: Matanous Ballat
(805)-907-5927
PLANS BY:
MATANOUS
BALLAT
5290 Holly
Oak Ct, Simi
Valley, CA
93063
04/24/2022 SITE PLAN 1/32” = 1’ VACANT LEGAL DESCRIPTION: ZONE: CPD APN: 5140-051-265 TRACT: TR 10012 BLOCK: NONE LOT: 6 PC ATTACHMENT 2
132
AFTER:
Handiest Food Mart
14711 Princeton Ave. #6, Moorpark, CA 93021
Applicant: Matanous Ballat
(805)206-9493
PLANS BY:
MATANOUS
BALLAT
5290 Holly
Oak Ct, Simi
Valley, CA
93063
09/07/2022 STORAGE LIQUOR DISPLAY BEER WINE
WINE* 59’ 33’ 59’ 24’
48’
2.5’
3’
24’
24’
24’
24’
3’
3’
3’ 31’ 2’
’
2’ CANDY 20’ x 1.5’ 3’ LIQUOR DISPLAY SERVICE AREA OFFICE STORAGE WALK IN COOLER WALK IN COOLER
MAIN
ENTRANCE/EXIT
EXIT EXIT
CHIPS/ GROCERY*
EXIT
GROCERY*
GROCERY* 5’-5” DONUTS|ICE CREAM|ICE| WATER
ALCOHOL SQFT: 239
NON-ALCOHOL SQFT: 388
CUSTOMER AREA SQFT: 1,625
EMPLOYEE AREA SQFT: 268
STORAGE AREA SQFT: 1,706
TOTAL SQFT: 4,185
1’
*These shelves are 5 feet tall
Liquor Display
Candy Display
8’
BEER
BEER CAVE
10’ x 1’ BEER LIQUOR DISPLAY 3’ 8’ 5’ 20’ 48’ 6’ 30’
4’
4’
4’
4’
1’
1’
1’
1’
Windows
4’ 4’
Hours of Operation:
Sunday- Thursday: 7am – 10pm
Friday- Saturday: 7am – 11pm PRODUCE DAIRYSOFT DRINKS6’ PC ATTACHMENT 3
133
PC ATTACHMENT 4
RESOLUTION NO. 2000-1736
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, APPROVING: A) MINOR
MODIFICATION NO. 7 TO PLANNED DEVELOPMENT
PERMIT NO. 897 MODIFYING CONDITION NO. 39
PROHIBITING THE SALE OF ALCOHOLIC BEVERAGES
OTHER THAN BEER AND WINE; AND B) CONDITIONAL
USE PERMIT NO. 2000-1, A REQUEST TO ALLOW THE
SALE OF ALCOHOLIC BEVERAGES OTHER THAN BEER
AND WINE AT THE HANDIEST FOOD MART LOCATED AT
6611 PRINCETON AVENUE ON THE APPLICATION OF
HANDIEST FOOD MART, MOORPARK, INC.,
(ASSESSOR'S PARCEL NO. 514-0-051-265)
WHEREAS, on April 19 and May 17, 2000, the City Council
considered the application filed by Handiest Food Mart Moorpark,
Inc. for Minor Modification No. 7 to Planned Development Permit
No. 897 modifying Condition No. 39 restricting the sale of
Alcoholic Beverages; and Conditional Use Permit No. 2000-1,
requesting the sale of alcoholic beverages other than beer and
wine at the Handiest Food Mart located at 6611 Princeton Avenue;
and
WHEREAS, at the public
Council opened the public
continued the public hearing
hearing on April 19,
hearing, took public
to May 17, 2000; and
2000, the City
testimony and
WHEREAS, on May 17, 2000, the City Council closed the public
hearing; and
WHEREAS, pursuant to California State Law, California
Environmental Quality Act (CEQA) it has been determined that this
Minor Modification is categorically exempt from CEQA requirements
as a Class 1 exemption for the operation or alteration of private
structures; and
WHEREAS, the City Council, after review and consideration of
the information contained in the City Council agenda report, and
public testimony, has made a decision in this matter.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby adopts the following
findings:
a. This Minor Modification and Conditional Use Permit is
categorically exempt from CEQA requirements as a Class 1
134
Resolution No. 2000-1736
Page 2
exemption for the operation or alteration of private
structures; and
b. The Minor Modification and Conditional Use Permit is
consistent with the City's General Plan; and
c.
d.
The Minor Modification
compatible with the
development; and
and Conditional Use
character of the
Permit is
surrounding
The proposed Minor Modification and Conditional
Permit would not be obnoxious, harmful, or impair
utility of neighboring property or uses; and
Use
the
e. The Minor Modification and Conditional Use Permit would
not be detrimental to the public interest, health,
safety, convenience, or welfare; and
f. The proposed expansion liquor sales will not have a
substantial adverse impact on surrounding properties;
and
g. The proposed expansion in liquor sales will not result
in an over concentration in the area of establishments
selling alcoholic beverages; and
h. The upgrading of the beer and wine 1 icense to liquor
license will serve a public convenience; and
1. The request to have on-site liquor sales at the proposed
location will not adversely affect the economic welfare
of the community.
SECTION 2. That the City Council hereby approves: a) Minor
Modification No. 7 to Planned Development Permit No. 897 deleting
of Condition No. 39 of PD 897 stating: "That no liquor except
wine and beer be sold on the project site"; and b) Conditional Use
Permit No. 2000-1 a request for approval of "on-site" sale of
liquor beverages subject to compliance with all of the following
conditions:
1. All conditions of approval for PD 897 shall apply unless
modified by this minor modification. Applicant shall provide
the Community Development Department with a copy of the
Alcoholic Beverage Control (ABC) approval prior to the sale
of any alcoholic beverages.
135
Resolution No. 2000-1736
Page 3
2.
3.
Any violations of the ABC license or problems relating to
noise or disturbances resulting from this use shall be
grounds for the initiation of proceedings for revocation of
this Conditional Use Permit.
Approval of a Sign Permit
installation of any sign.
is required prior to the
Police Department Conditions
4.
5.
Areas inside the establishment open to customers shall
sufficiently illuminated. Lighting shall be approved by
Director of Community Development and Police Department.
be
the
No alcoholic
adjacent to
licensees.
beverages shall be consumed
the licensed premises under
on any
control
property
of the
6. There shall be no advertising of any kind or type, including
advertising directed to the exterior from within, promoting
or indicating the availability of alcoholic beverages.
Interior displays of alcoholic beverages, which are clearly
visible to the exterior, shall constitute a violation of this
condition.
7. There shall be no signage within the windows to block view
from outside.
8. The applicant shall be responsible for maintaining free of
litter the area adjacent to the premises over which he has
control.
9 .
10.
Any graffiti painted or marked upon the
adjacent area under the control of the
removed or painted over within 48 hours.
premises
licensee
or on
shall
an
be
Petitioner shall
adjacent to the
licensee.
not permit any loitering on any property
licensed premises under the control of the
11. Any and all employees hired to sell alcoholic beverages shall
provide evidence that they have either:
Received training from the State of California Department of
Alcoholic Beverage Control, Santa Barbara District Office,
136
Resolution No. 2000-1736
Page 4
12.
13.
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,
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,
or responsible employer shall deliver each
Program certificate showing completion of said
Chief of Police in Moorpark.
Beer and malt liquor in containers of 16 oz.
not be sold in units of less than a six pack.
the employees
required LEAD
course to the
or less shall
14. There shall be no cups, glasses, or similar receptacle
commonly used for the drinking of beverages sold, furnished,
or given away at the petitioner's premises in quantities of
less than twenty-four in their original multi-container
package.
15. Wine shall not be sold in bottles or containers smaller than
750-ml, and wine coolers shall not be sold in units of less
than a four pack.
16. No person under the age of 21 shall sell or package alcoholic
beverages.
17. No pay phone shall be maintained on the exterior of the
premises. A phone shall be located behind the counter area.
18. No more than 87 square feet of the premises will be used for
the sale of alcoholic beverages.
19. The rear door of the premises shall be equipped on the inside
with an automatic locking device and shall be closed at all
times, and shall not be used as a means of access by patrons
to and from the licensed premises. Temporary use of these
doors for delivery of supplies does not constitute a
violation.
137
Resolution No. 2000-1736
Page 5
20. The parking lot of the premises shall be equipped with
lighting of sufficient power to illuminate and make easily
discernible the appearance and conduct of all persons on or
about the parking lot.
21. A sign shall be posted stating that the private parking will
be enforced consistent with California Vehicle Code Laws.
This shall be done by petitioning the City of Moorpark for a
Resolution stating that the private parking area is Vehicle
Code enforced.
22.
23.
Sales of alcoholic beverages shall not exceed one-third (1/3)
of the total gross sales
Verification of satisfaction
provided to the City upon
Community Development.
Sales
normal
stated
of alcoholic beverages
business hours between
on ABC form 257 {Planned
of the entire business.
of this requirement shall be
request of
may take
(7:00 a.m.
Operation) .
the Director of
place only during
to 11:00 p.m.) as
24. No employees shall sell liquor to a person under the age of
21.
25. Drop Safe. If there is not already one in place, a drop safe
shall be installed within the cashier area. It is recommended
that cashiers maintain a balance of $50. 00 or less in the
cash drawers. The cash registers should be electronic and
have the capability to remind the cashier to place cash in
the drop safe if the balance exceeds $50.00.
26. Security system shall include a video camera with 24-hour
recording capability to monitor entry and exits to the store
and the cash register area. If there is an existing security
system in place this should be inspected by Moorpark Police
Department to insure it meets minimum requirements.
27. The display area of all Liquor (other than beer and wine)
shall be located behind the counter.
28. The continued maintenance of the permit area and facilities
shall be subject to periodic inspection by the City. The
permittee shall be required to remedy any defects in ground
or building maintenance, as indicated by the Code Enforcement
Officer within five (5) days after notification.
138
Resolution No. 2000-1736
Page 6
SECTION 3. The City Clerk shall certify to the adoption of
this resolution and shall cause a certified resolution to be filed
in the book of original resolutions.
PASSED AND ADOPTED this 17 th day of May 2000.
ATTEST:
Deborah S. -~ S. \ .
Traff~t,Cityelerk
139
Resolution No. 2000-1736
Page 7
STATE OF CALIFORNIA
COUNTY OF VENTURA
CITY OF MOORPARK
ss.
I, Deborah S. Traffenstedt, City Clerk of the City of
Moorpark, California, do hereby certify under penalty of perjury
that the foregoing Resolution No. 2000-1736 was adopted by the
City Council of the City of Moorpark at a meeting held on the 17 th
day of May 2000, and that the same was adopted by the following
vote:
AYES: Councilmembers Harper, Rodgers, and Wozniak
NOES: Mayor Hunter
ABSENT: Councilmember Evans
ABSTAIN: None
WITNESS my hand and the official seal of said City this 12 th
day of June 2000.
~;~};&~~Tr~fe}s~
(seal)
140
RESOLUTION NO. PC-2022-675
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT NO. 2022-06, SUPERSEDING CONDITIONAL USE PERMIT
NO. 2000-01, TO ALLOW THE SALE OF BEER, WINE AND OTHER
ALCOHOLIC BEVERAGES FOR OFF-SITE CONSUMPTION AT AN
EXISTING RETAIL STORE, LOCATED AT 14711 PRINCETON
AVENUE, SUITE #6 (VARSITY PARK PLAZA), AND MAKING A
DETERMINATION OF EXEMPTION PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT IN CONNECTION
THEREWITH, ON THE APPLICATION OF MATANOUS BALLAT FOR
HANDIEST FOOD MART
WHEREAS, the City Council considered the application filed by Handiest Food
Mart Moorpark, Inc. for Minor Modification No. 7 to Planned Development Permit No. 897
modifying Condition No. 39 restricting the sale of Alcoholic Beverages; and Conditional
Use Permit (CUP) No. 2000-01 requesting the sale of alcoholic beverages other than beer
and wine at the Handiest Food Mart located at 6611 Princeton Avenue; and on May 17,
2000, City Council adopted Resolution No. 2000-1736, approving Minor Modification
No. 7 to Planned Development Permit No. 897 and Conditional Use Permit No. 2000-1;
and
WHEREAS, on March 7, 2022, an application was filed for a CUP No. 2022-06, to
allow the sale of beer, wine and other alcoholic beverages for off-site consumption at an
existing retail store, located at 14711 Princeton Avenue, Suite #6 (Varsity Park Plaza);
and
WHEREAS, at a duly noticed public hearing on September 27, 2022, for CUP No.
2022-06 the Planning Commission considered CUP No. 2022-06, including 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; and
WHEREAS, the Community Development Director has determined that CUP No.
2022-06 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 on-site consumption of beer and wine at
an existing restaurant within an existing shopping center. 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 5
141
Resolution No. PC-2022-675
Page 2
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 CEQA pursuant to Section 15301 (Class 1: Existing
Facilities) of the CEQA Guidelines. No further environmental documentation is needed.
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 proposed use would be
permitted within the commercial planned development zone through the approval
of a conditional use permit. The proposed use is also consistent, with General
Plan Land Use Element Goal No. 7: Provide for a variety of commercial facilities
which serve community residents and meet regional needs and General Plan Land
Use Element Goal No. 8: Provide for new commercial development which is
compatible with surrounding land uses.
B. The proposed use is compatible with both existing and permitted land uses in the
surrounding area in that the sale of beer, wine and other alcoholic beverages at
the existing market is an additional retail option within the commercial shopping
center and also provides sale of beverages for off-site use at the surrounding
residences.
C. The proposed use 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 would not be obnoxious or harmful or impair the utility of
neighboring property or uses in that conditions of approval have been included to
ensure the applicant or his/her designee shall be responsible with preventing
alcohol beverages being consumed within the shopping center and that they must
correct any safety or security problem with the police department within three days.
E. The proposed use would not be detrimental to the public health, safety,
convenience, or welfare in that conditions of approval prohibit advertising of any
kind or type promoting or indicating the availability of alcohol from the exterior or
the building. Additionally, the proposed use would maintain a working security
system.
142
Resolution No. PC-2022-675
Page 3
Additional Findings for Establishments Selling Alcoholic Beverages:
F. The proposed use will not result in an overconcentration in the area of
establishments selling alcoholic beverages in that ABC allows for a total of five
licenses for off-site consumption within the same census tract before there is a
presumption of undue concentration. There is currently one Type 20 (Off-Sale
Beer & Wine – Package Store) and one Type 21 (Off-Sale General – Package
Store) within Census Tract 76.14, which is the applicant. As the applicant is one
of the licensees, the number of off-sale licenses in this census tract will not
increase as a result of the proposed CUP. Therefore, there is not currently a
presumption of undue concentration of alcohol outlets in Census Tract 76.14, nor
would the continuation of this proposed alcohol use at the project site result in an
undue concentration of alcohol outlets in Census Tract 76.14;
G. The proposed use will provide a public convenience and necessity in that the
service of alcoholic beverages for off-premises consumption is an ancillary use to
the primary use of the building as a food market;
H. The use will not create the need for increased police services in that the applicant
will maintain a working security system and conditions are required to ensure
proper control of the alcohol not being consumed within the shopping center;
I. The requested use at the proposed location will not adversely affect the economic
welfare of the community, in that the sale of alcoholic beverages in conjunction
with the sale of food at the market could increase sales revenue and might draw
customers that will shop or eat the nearby food and retail establishments; and
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 or impair property values within the
neighborhood in that there will be no changes to the exterior of the building as a
result of the application.
SECTION 3. PLANNING COMMISSION APPROVAL: The Planning
Commission herby approves CUP No. 2022-06, to supersede CUP 2000-01, subject to
the Standard and Special Conditions of Approval found in Exhibit A attached.
143
Resolution No. PC-2022-675
Page 4
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:
PASSED, AND ADOPTED this 27th day of September 2022.
Kipp Landis
Chair
Carlene Saxton
Community Development Director
Exhibit A – Conditions of Approval
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EXHIBIT A
CITY OF MOORPARK CONDITIONS OF APPROVAL
Project Approval Date: September 27, 2022
Expiration Date: September 27, 2023
Location: 14711 Princeton Avenue, Suite #6
Entitlements: Conditional Use Permit No. 2022-06
Project Description: Sale of Beer, Wine and Alcoholic Beverages for Off-Site
Consumption at an Existing Retail Store
The applicant/permittee is responsible for the fulfillment of all conditions and
standard development requirements, unless specifically stated otherwise.
General Conditions
In addition to complying with all applicable City, County, State and Federal Statutes,
Codes, Ordinances, Resolutions and Regulations, Development Agreements, Permittee
expressly accepts and agrees to comply with the following Conditions of Approval and
Standard Development Requirements of this Permit:
1) 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. [CDD]
2) This Conditional Use Permit expires one (1) year from the date of its approval unless
the applicant has provided proof of receipt from the California Department of Alcohol
Beverage Control regarding their change in floor plan. The Community Development
Director may, at his/her discretion, grant up to two (2) additional one-year extensions
for use inauguration of the conditional use 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 conditional use permit must be made in writing, at least thirty (30)
days prior to the expiration date of the permit and must be accompanied by
applicable entitlement processing deposits. [CDD]
3) The Conditions of Approval of this entitlement, the City of Moorpark Municipal Code
and adopted City policies at the time of the entitlement approval, supersede all
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conflicting notations, specifications, dimensions, typical sections and the like which
may be shown on said plans or on the entitlement application. [CDD]
4) Should continued compliance with these Conditions of Approval not be met, the
Community Development Director may modify the conditions in accordance with
Municipal Code Section 17.44.100 and sections amendatory or supplementary
thereto, declare the project to be out of compliance, or the Director may declare, for
some other just cause, the project to be a public nuisance. The applicant shall be
liable to the City for any and all costs and expenses to the City involved in thereafter
abating the nuisance and in obtaining compliance with the Conditions of Approval or
applicable codes. If the applicant fails to pay all City costs related to this action, the
City may enact special assessment proceedings against the parcel of land upon
which the nuisance existed (Municipal Code Section 1.12.170). [CDD]
5) 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 and any provision amendatory
or supplementary thereto. 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 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:
i. The City bears its own attorney fees and costs; ii. 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 Final Map is ultimately recorded with respect to the
subdivision or a building permit is issued pursuant to the planned development
permit. [CDD]
6) 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.
[CDD]
7) All facilities and uses, other than those specifically requested in the application and
approval 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. [CDD]
8) Entitlement Processing: Prior to the approval of any Zoning Clearance for this
entitlement, the applicant shall submit to the Community Development Department
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all outstanding entitlement case processing fees, including all applicable City legal
service fees. This payment must be made within sixty (60) calendar days after the
approval of this entitlement. [CDD]
9) Any expansion, alteration or change in architectural elements requires prior approval
of the Community Development Director. Those changes in architectural elements
that the Director determines would be visible from abutting street(s) may only be
allowed, if, in the judgment of the Community Development Director such change is
compatible with the surrounding area. Any approval granted by the Director must be
consistent with the approved Design Guidelines (if any) for the planned development
and applicable Zoning Code requirements. A Permit Modification application may
be required as determined by the Community Development Director. [CDD]
10) The continued maintenance of the subject site and facilities is subject to periodic
inspection by the City. The Applicant and his/her successors, heirs, and assigns are
required to remedy any defects in ground or building maintenance, as indicated by
the City within five (5) working days from written notification. [CDD]
11) No noxious odors may be generated from any use on the subject site. [CDD]
12) The applicant and his/her successors, heirs, and assigns must remove any graffiti
within five (five) days from written notification by the City of Moorpark. All such graffiti
removal must be accomplished to the satisfaction of the Community Development
Director. [CDD]
Permit Specific Conditions – Conditional Use Permit
13) These conditions of approval for Conditional Use Permit No. 2022-06 shall
supersede conditions of approval from Resolution No. 2000-1736 for Conditional
Use Permit No. 2000-01. [CDD]
14) 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. [CDD]
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15) 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. [CDD]
16) The development must be in substantial conformance with the plans presented in
conjunction with the application for Conditional Use Permit No. 2022-06, 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 Permit No. 897 shall continue to apply unless specifically modified by
this Conditional Use Permit. [CDD]
17) Prior to display expansion, the applicant shall provide racking plans to Building and
Safety for approval. 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. Any changes to the fire and life
safety features of the existing space will require plans prepared by a California
licensed design professional. Any changes to any structural components of the
existing space will require plans prepared by a California licensed design
professional. Show all alterations to the electrical, mechanical and plumbing
elements. Alterations to the space’s fire suppression system requires approval by
the Ventura County Fire Prevention Office. [CDD]
18) Approval of a Zoning Clearance is required prior to the issuance of building permits.
[CDD]
19) 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. [CDD]
20) No employee shall sell any alcoholic beverages to any person under twenty-one (21)
years of age. [CDD]
21) Employee selling alcoholic beverages must be at least 18 years of age but shall be
supervised by someone 21 years of age or older, until they’ve reached the age of
21. [CDD]
22) Applicant shall provide the Community Development Department with a copy of the
California Department of Alcoholic Beverage Control (ABC) approval prior to sale of
alcoholic beverages. [CDD]
23) There must be no advertising of any kind or type promoting or indicated the
availability of beer, wine and distilled spirits visible from the exterior of the building.
Interior signs or displays of beer, wine and distilled spirits that are clearly visible to
the exterior shall constitute a violation of this condition. [CDD]
24) Sales of alcoholic beverages are permitted only between the hours of 6:00 a.m. to
2:00 a.m., daily. Maximum hours for off-sale of alcoholic beverages shall always
comply with California State Law. [CDD]
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25) Areas inside the establishment open to customers, including the enclosed outdoor
dining area, must be illuminated sufficiently to allow the identification of persons.
[CDD]
26) The manager or his/her designee shall be responsible to police the exterior of the
business to assure that no alcoholic beverages are consumed on the property
adjacent to the market. The owner/manager shall not permit any loitering on the
property adjacent to the market. [CDD]
27) Any and all employees directly involved or supervising the sale/service of alcoholic
beverages shall provide evidence and the business shall maintain records that
employees have [CDD]:
a. Received training from the State of California Department of ABC
“Leadership and Education in Alcohol and Drugs” LEAD program in the form
of an ABC issued certificate; and,
b. The Owner/Manager shall confirm with the California Department of
Alcoholic Beverage Control within 15 days of hire any new employee has
been scheduled with the local ABC office to attend the LEAD program
course.
28) The retail store must correct any safety or security problem within three days upon
written notice of such a problem from the Moorpark Police Department. [CDD]
29) Games or contests requiring or involving the consumption of alcoholic beverages
shall not be permitted at any time. [CDD]
30) 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. [CDD]
31) Alcohol display area must match plans as submitted with Conditional Use Permit No.
2022-06. Any proposed increase in alcohol floor area and alteration from those plans
requires a permit adjustment approved by the Community Development Director.
[CDD]
32) 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. [CDD]
33) 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. [CDD]
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34) Any violations of the ABC license or problems relating to noise or disturbances
resulting from this use shall be grounds for the initiation of proceedings for revocation
of this Conditional Use Permit. [CDD]
Moorpark Police Department
35) Prior to alcohol display expansion, provide a security plan to the Moorpark Police
Department for review and approval. All exterior doors shall have a viewport or
something similar. [MPD]
36) Prior to alcohol display expansion, install security system that includes glass break
sensor, and ensure surveillance cameras are functioning property. [MPD]
37) Prior to alcohol display expansion, walk-in cooler doors and doors to storage and
office must be secured. [MPD]
38) Prior to alcohol display expansion, install barrier, such as a swinging door, to
separate employee/cashier area counter from the rest of the store. [MPD]
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