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Home My WebLink AboutRES CC 2001 1815 2001 0221RESOLUTION NO. 2001 -1815 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2000 -05 TO ALLOW THE OFF -SITE SALE OF BEER AND WINE FOR TAKE -OUT ONLY AT THE EXISTING GASOLINE STATION, CAR WASH AND MINI - MART AT 550 W. LOS ANGELES AVENUE, AT THE SOUTHWEST CORNER OF LIBERTY BELL RD. AND LOS ANGELES AVENUE (APN 506 -0- 050 -49) WHEREAS, on November 2, 2000, Eddie Gharabaghi, the applicant, applied for Conditional Use Permit No. 2000 -05 to allow the off - site sale of beer and wine for take -out only in the existing mini - mart, in a development originally approved under a Commercial Planned Development No. 97 -01; 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 and wine for take -out only, 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 February 21, 2001, the City Council held a duly noticed public hearing to consider the application filed by Eddie Gharabaghi requesting approval of Conditional Use Permit No. 2000 -05; and WHEREAS, at its public hearing of February 21, 2001, the City Council, after receiving public testimony, and review and consideration of the information contained in the staff report dated February 12, 2001, reached a decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY 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. Conditional Use Permit No. 2000 -05 is consistent with the intent and provisions of the City's General Plan and of the City Municipal Code. Resolution 2001 -1815 - Page 2 b. Conditional Use Permit No. 2000 -05 is compatible with the character of surrounding development. C. Conditional Use Permit No. 2000 -05 would not be obnoxious or harmful, or impair the utility of neighboring property or uses. d. Conditional Use Permit No. 2000 -05 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 off -site beer and wine for take -out only based upon the findings a local jurisdiction may make under California State Law as included in the agenda report, dated February 12, 2001. 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. SECTION 2. The City Council hereby approves Conditional Use Permit No. 2000 -05 for the off -site sale of beer and wine for take- out only, subject to the following conditions of approval: 1. This Conditional Use Permit is hereby approved for the sale of beer and wine for consumption off -site only. 2. Applicant must provide the Community Development Department with a copy of the Alcoholic Beverage Control (ABC) approval prior to sale of beer and wine. 3. Hours of off -site beer and wine sales shall be limited to 6:00 a.m. to 12:00 a.m. (midnight). Resolution 2001 -1815 Page 3 4. Any violations of the Alcoholic Beverage Control (ABC) license or problems relating to noise or disturbances shall be grounds for the initiation of proceedings for revocation of this Conditional Use Permit. 5. Applicant shall cover the existing trash enclosure on the property to the satisfaction of the Director of Community Development. 6. All conditions of approval of Commercial Planned Development No. 97 -01 and Conditional Use Permit No. 97 -02 shall apply to this Conditional Use Permit application unless specifically modified by this resolution. 7. No alcoholic beverages shall be consumed on any property under control of the licensees. 8. 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. 9. There shall be no signage within the windows to block view from outside. 10. No person under the age of eighteen (18) shall sell or package beer and wine. 11. The interior floor space shall be rearranged so as to provide a clear line of sight at all times between the cashier's station and the cooler or coolers containing beer and wine and all other display areas for beer and wine. The maximum total amount of floor area devoted to display of beer and wine shall not exceed 140 square feet. 12. The applicant shall be responsible for maintaining free of litter the area adjacent to the premises over which he has control. 13. 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 forty -eight (48) hours. Resolution 2001 -1815 Page 4 14. Petitioner shall not permit any loitering on any property adjacent to the licensed premises under the control of the licensee. 15. 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, 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, or tobacco to adults of legal age. If any prospective employee selling beer and wine or tobacco is not currently trained, then, the ABC license proprietor shall confirm with the Department of ABC within fifteen (15) days of hire that the employee has been scheduled with the local ABC office to take the LEAD Program course. 16. 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. 17. No pay phone shall be maintained on the exterior of the premises, however a pay phone may be allowed inside the mini - mart. Additionally, a phone shall be located behind the counter area for employee use only. 18. Sales of beer and wine 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. 19. The security system shall include a video camera with twenty - four (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 the Moorpark Police Department to insure it meets minimum requirements. Resolution 2001 -1815 Page 5 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 21St day February 2 (/01. ATTEST: Deborah S. TraffensE6dt, City Clerk atrick Hurter, Mayor Resolution 2001 -1815 Page 6 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. 2001 -1815 was adopted by the City Council of the City of Moorpark at a meeting held on the 21st day of February, 2001, and that the same was adopted by the following vote: AYES: Councilmembers and Mayor Hunter NOES: None ABSENT: None ABSTAIN: None Harper, Mikos, Millhouse, Wozniak WITNESS my hand and the official seal of said City this 12th day of March, 2001. Deborah S. Traffenst t, City Clerk (seal)