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Home My WebLink AboutRES CC 2000 1736 2000 0517RESOLUTION 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 hearing on April 19, 2000, the City Council opened the public hearing, took public testimony and continued the public hearing to May 17, 2000; 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 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. The Minor Modification and Conditional Use Permit is compatible with the character of the surrounding development; and d. The proposed Minor Modification and Conditional Use Permit would not be obnoxious, harmful, or impair the utility of neighboring property or uses; and 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 license to liquor license will serve a public convenience; and i. The request to have on -site location will not adversely of the community. liquor sales at the proposed affect the economic welfare 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. Resolution No. 2000 -1736 Page 3 2. 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. 3. Approval of a Sign Permit is required prior to the installation of any sign. Police Department Conditions 4. Areas inside the establishment open to customers shall be sufficiently illuminated. Lighting shall be approved by the Director of Community Development and Police Department. 5. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under control of the licensees. 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. 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. 10. Petitioner shall not permit any loitering on any property adjacent to the licensed premises under the control of the licensee. 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, Resolution No. 2000 -1736 Page 4 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. 12. Within thirty (30) days of taking said course, the employees or responsible employer shall deliver each required LEAD Program certificate showing completion of said course to the Chief of Police in Moorpark. 13. Beer and malt liquor in containers of 16 oz. or less shall not be sold in units of less than a six pack. 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 -m1, 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. 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. Sales of alcoholic beverages shall not exceed one -third (1/3) of the total gross sales of the entire business. Verification of satisfaction of this requirement shall be provided to the City upon request of the Director of Community Development. 23. Sales of alcoholic beverages may take place only during normal business hours between (7:00 a.m. to 11:00 p.m.) as stated on ABC form 257 (Planned Operation). 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. 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 17th day of May 2000. ATTEST: Deborah S. Traffens t, City Clerk Resolution No. 2000 -1736 Page 7 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. 2000 -1736 was adopted by the City Council of the City of Moorpark at a meeting held on the 17`" 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`h day of June 2000. Deborah S. Traffensted City Clerk (seal)