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HomeMy WebLinkAboutRES CC 2000 1771 2000 0906RESOLUTION NO. 2000 -1771 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2000 -02 TO ALLOW THE OFF -SITE SALE OF ALCOHOLIC BEVERAGES INCLUDING BEER, WINE, AND LIQUOR AT THE LONGS DRUG STORE LOCATED IN THE MOORPARK TOWN CENTER AT THE NORTHWEST CORNER OF LOS ANGELES AND MOORPARK AVENUES (APN 511 -0- 080 -38) WHEREAS, on January 18, 1984, the City Council approved Planned Development Permit No. 980 for the construction of Moorpark Town Center, a 125,113 square foot retail commercial center, authorizing the establishment of commercial uses, including the sale of alcohol within the center which was allowed as a permitted use at that time; and WHEREAS, on February 7, 2000, Longs Drug Store, the applicant applied for Conditional Use Permit No. 2000 -02, to allow the sale of alcoholic beverages including beer, wine and liquor in a proposed Longs Drug Store within Planned Development Permit No. 980; and WHEREAS, This use will not have the potential to cause a significant effect on the environment and a Class 1 Exemption from the provisions of the California Environmental Quality Act for the operation or alteration of private structures 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 including beer, wine, and liquor is granted to the City Council pursuant to Ordinance No. 234 and as modified by Resolution No. 97 -1346; and WHEREAS, at its meeting of August 2, 2000 and September 6, 2000, the City Council held a duly noticed public hearing to consider the application filed by Longs Drug Store requesting approval of Conditional Use Permit No. 2000 -02 which is now required because of a change in the Municipal Code in 1997 and the loss of non - conforming status of this location to sell alcoholic beverages because of its vacant status for more than one (1) year; and WHEREAS, at its public hearing of August 2, 2000 and September 6, 2000, the City Council, after receiving public testimony, and review and consideration of the information contained in the staff Resolution No. 2000 -1771 Page 2 report dated August 11, 2000, and closing of the public hearing on September 6, 2000, reached a decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City Council hereby finds that this request for a Conditional Use Permit qualifies for an exemption from the provisions of Section 15061 of the CEQA Guidelines; SECTION 2. Based upon the information and findings presented in this Resolution, accompanying documents and public testimony, the City Council finds that: a. Conditional Use Permit No. 2000 -2 is consistent with the intent and provisions of the City's General Plan and of the City Municipal Code. b. Conditional Use Permit No. 2000 -2 is compatible with the character of surrounding development. C. Conditional Use Permit No. 2000 -2 would not be obnoxious or harmful, or impair the utility of neighboring property or uses. d. Conditional Use Permit No. 2000 -2 would not be detrimental to the public interest, health, safety, convenience, or welfare. e. This proposed use is consistent 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 based upon ABC criteria that may be modified for specific reasons. 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. Resolution No. 2000 -1771 Page 3 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 3. The City Council conditionally approves Conditional Use Permit No. 2000 -2 for the off -site sale of alcoholic beverages including beer, wine and liquor. SECTION 4. 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 E ATTEST: Deborah S. Traffenst , City Clerk Attachment: Exhibit A - Conditions of Approval Resolution No. 2000 -1771 Page 4 EXHIBIT "A" Community Development Department Conditions of Approval: 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 for the purpose of allowing the sale of alcoholic beverages for consumption off -site only. 3. All conditions of approval of Resolution No. 84 -63 (Resolution approving PD 980) and Minor Modifications No's 1 through 12 of Planned Development Permit No. 980 apply except as modified by this Resolution. 4. Any violations of the ABC license or Police Department conditions of approval 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. 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. All signage shall follow the provisions of the approved Sign Program for the Moorpark Town Center. 6. Approval of a Zoning Clearance with a revised site and floor plan reflecting all conditions of approval from this resolution is required prior to occupancy of the site or commencement of any tenant improvements within the building relating to alcohol sales. 7. The proposed door on the east side of the building shall have a time delay feature installed with an alarm and a surveillance camera to monitor the door as required by the Police Department. 8. The total display and storage of alcoholic beverages shall not exceed five (3.5 %) percent of the total square footage of the store or a maximum of 640 square feet, whichever is less. 9. No shopping cart storage locations, soda vending machines, water vending machines, coin operated rides for children or Resolution No. 2000 -1771 Page 5 other machines shall be located on the exterior of the building, on the sidewalk or in the parking lot without approval of an additional permit. Newspaper racks may be allowed consistent with all provisions of Chapter 5.60 of the Municipal Code. 10. The applicant shall pay all outstanding case processing (Planning and Engineering) , and all City legal service fees prior to issuance of a Zoning Clearance. The applicant, permittee, or successors in interest, shall also submit a fee to cover costs incurred by the City for Condition Compliance review of the Conditional Use Permit and related permits for the site. Police Department Conditions: 11. Areas inside sufficiently Director of C 12. No alcoholic adjacent to licensees. the establishment open to customers shall be illuminated. Lighting shall be approved by the ;ommunity Development and the Police Department. beverages shall be consumed on any property the licensed premises under control of the 13. 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. 14. There shall be no signage within the windows to block view from outside. 15. The licensee shall be responsible for maintaining free of litter the area adjacent to the premises over which licensee has control or responsibility. 16. 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. 17. Licensee shall not permit any loitering on any property adjacent to the licensed premises under the control or responsibility of the licensee. 18. 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 -1771 Page 6 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, the employees or responsible employer shall deliver each required LEAD Program certificate showing completion of said course to the Chief of Police in Moorpark. 19. No person under the age of 21 shall sell or package alcoholic beverages. 20. No pay phone shall be maintained on the exterior of the premises. A phone for employee's use only shall be located behind the counter area. 21. The exterior exit doors 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. 22. Sales of alcoholic beverages shall not exceed five (5 %) percent 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 (6:00 a.m. to 12:00 p.m. midnight) as stated on ABC form 257 (Planned Operation). 24. No employees shall sell alcohol to a person under the age of 21. 25. 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. Resolution No. 2000 -1771 Page 7 26. The 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. 27. 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 -1771 Page S 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 -1771 was adopted by the City Council of the City of Moorpark at a meeting held on the 6th of September and that the same was adopted by the following vote: AYES: Councilmembers Evans, Rodgers, Wozniak and Mayor Hunter NOES: None ABSENT: Councilmember Harper ABSTAIN: None WITNESS my hand and the official seal of said City this 14th day of September, 2000. Deborah S. Traffenste , City Clerk �--�� (seal)