HomeMy WebLinkAboutRES CC 1998 1442 1998 0218RESOLUTION NO. 98 -1442
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA APPROVING CONDITIONAL USE PERMIT NO. 98 -1
(MARKETPLACE PARTNERS) TO ALLOW OFF SITE ALCOHOLIC
BEVERAGE SALES IN A RETAIL ESTABLISHMENT (RITE AID DRUG
STORE) AT THE NORTHWEST CORNER OF SPRING ROAD AND TIERRA
REJADA ROAD (APN 500 -0- 350 -545 AND 555)
WHEREAS, on January 5, 1998, the applicant applied for
Conditional Use Permit No. 98 -1 off -site sales of alcoholic
beverages in the drug store within Commercial Planned Development
Permit No. 95 -1, Major Modification No. 1; and
WHEREAS, This project will not have the potential to cause a
significant effect on the environment and an exemption from the
provisions of the California Environmental Quality Act 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 is granted to the City Council
pursuant to Ordinance No. 234; and
WHEREAS, at its meeting of January 21, 1998, the City Council
held a duly noticed public hearing to consider the application
filed by Marketplace Properties, requesting approval of Conditional
Use Permit No. 98 -1; and
WHEREAS, at its public hearing of January 21, 1998, the City
Council, after review and consideration of the information
contained in the staff report dated January 9, 1998, and accepting
public testimony, directed preparation of a resolution for denial
of this application for consideration on February 4, 1998; and
WHEREAS, after additional review and further consideration at
the meeting of February 4, 1998, the City Council directed
preparation of a revised resolution for approval of this
application.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, 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:
a. The Conditional Use Permit is consistent with the intent and
provisions of the City's General Plan and of the City
Municipal Code.
b. The Conditional Use Permit is compatible with the character of
surrounding development.
Resolution No. 98 -1442
Marketplace Properties
Page 2
C. The Conditional Use Permit would not be obnoxious or harmful,
or impair the utility of neighboring property or uses.
d. The Conditional Use Permit would not be detrimental to the
public interest, health, safety, convenience, or welfare.
e. The conditionally permitted use is compatible with existing
and planned land uses in the general area where the
development is to be located.
f. The use will not result in an over concentration in the area
of establishments selling alcoholic beverages.
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; 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
property values within the neighborhood.
SECTION 2. The City Council conditionally approves Conditional
Use Permit No. 98 -1 for the on -site sale of pre - packaged alcoholic
beverages; on site consumption is not authorized.
SECTION 3. Approval of Conditional Use Permit No. 98 -1 is
hereby approved subject to the following conditions:
1. Applicant must provide the Community Development Department
with a copy of the Alcoholic Beverage Control (ABC) approval
prior to sale of any alcoholic beverages.
2. This Conditional Use Permit is hereby approved for the sale of
pre - packaged alcoholic beverages to be consumed off -site only
and does not authorize on -site consumption.
3. All conditions of approval of Resolution Nos. 96 -1204
(Resolution approving CPD 95 -1) and 97 -1413 (approving CPD 95-
1 Major Modification No. 1) apply except as modified by this
Resolution.
4. Any violations of the ABC license or problems relating to
Resolution No. 98 -1442
Marketplace Properties
Page 3
noise or disturbances relating to this use shall be grounds
for the initiation of proceedings for revocation of this
Conditional Use Permit.
5. Approval of a Sign Permit is required prior to the
installation of any sign. Signs shall be limited to one line
of copy. Secondary signage advertising available goods and /or
services shall not be allowed.
6. The alcohol beverage display and sales area shall not occupy
more than a total of 500 square feet of the gross floor area
of this store which is used for sales, display and customer
services.
SECTION 4. The City Clerk shall certify to the adoption of
this Resolution.
PASSED, APPROVED, AND ADOPTED THIS 18 DAY OF FEBRUARY, 1998-
ATTEST:
Deborah S. Traffen dt, City Clerk
Resolution No. 98 -1442
Marketplace Properties
Page 4
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark,
California, do hereby certify under penalty of perjury that the
foregoing Resolution No. 98 -1442 was adopted by the City Council of
the City of Moorpark at a meeting held on the 18th day of February,
1998, and that the same was adopted by the following vote:
AYES: Councilmembers Evans, Perez, Teasley, and Wozniak
NOES: None
ABSENT: Mayor Hunter
ABSTAIN: None
WITNESS my hand and the official seal of said City this 25th
day of February, 1998.
Deborah S. Traffenst6dt, City Clerk
�K (seal)