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HomeMy WebLinkAboutRES CC 2010 2984 2010 1215RESOLUTION NO. 2010 -2984 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DENYING APPEAL NO. 2010 -01 AND APPROVING CONDITIONAL USE PERMIT NO. 2010 -07 (HAKAM BARAKAT, APPLICANT) TO ALLOW SALE OF BEER AND WINE FOR OFF -SITE CONSUMPTION FROM AN EXISTING MARKET AT 496 MOORPARK AVENUE ( MOORPARK GENERAL STORE), ON THE APPEAL OF TERESA CORTES WHEREAS, on October 26, 2010, the Planning Commission adopted Resolution No. PC- 2010 -557, granting conditional approval of Conditional Use Permit No. 2010 -07 on the application of Hakam A. Barakat (Moorpark General Store) to allow the sale of beer and wine for off -site consumption from an existing 3,600 square -foot market at 496 Moorpark Avenue; and WHEREAS, on November 5, 2010, Teresa Cortes, Appellant, filed Appeal No. 2010 -01, appealing the Planning Commission approval of Conditional Use Permit No. 2010 -07; and WHEREAS, Section 17.44.090 of the Municipal Code provides that the all decisions of the Planning Commission may be appealed to the City Council, and that the City Council shall conduct a review of the application de novo, by the same public action process and public noticing as required for the original application; and WHEREAS, at a duly noticed public hearing on December 15, 2010, the City Council took public testimony, closed the hearing, and reached its decision; and WHEREAS, the City Council concurs with the Community Development Director's determination that this project is Categorically Exempt from the provisions of CEQA pursuant to Section 15301 as a Class 1 exemption for existing facilities. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. DENIAL OF APPEAL: Based on the information set forth in the staff reports, accompanying studies, and oral and written public testimony, the City Council has determined that Appeal No. 2010 -01 of the Planning Commission approval of Conditional Use Permit No. 2010 -07 is not supported by evidence demonstrating that the findings for approval of the Condition Use Permit have not been met, and Appeal No. 2010 -01 is denied. SECTION 2. APPROVAL OF CONDITIONAL USE PERMIT NO. 2010 -07: Based upon the information set forth in the staff reports, accompanying studies, and oral and written public testimony, the City Council 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 any other applicable regulations, in that the sale of beer and wine Resolution No. 2010 -2984 Page 2 for off -site consumption is an ancillary use to the approved retail market use, a use consistent with the General Plan and Zoning. B. The proposed use is compatible with both existing and permitted land uses in the surrounding area, in that this is an approved retail market use where sale of beer and wine is not unexpected. C. The proposed use is compatible with the scale, visual character and design of surrounding properties, in that the sale of beer and wine for off -site consumption is an ancillary use to the approved retail market use and does not require any modifications to the approved building. D. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or uses, in that conditions are required to ensure proper control of the sale of beer and wine for off -site consumption. E. The proposed use would not be detrimental to the public health, safety, convenience, or welfare, in that conditions are required to ensure proper control of the sale of beer and wine for off -site consumption. SECTION 3. ADDITIONAL CONDITIONAL USE PERMIT FINDINGS FOR ESTABLISHMENTS SELLING ALCOHOL BEVERAGES: A. The use will not result in an over concentration in the area of establishments selling alcoholic beverages, in that the proposal is enhancing an existing retail establishment where such uses are traditionally anticipated, consistent with the land use development pattern of the City of Moorpark; B. The use will serve a public convenience, in that the sale of beer and wine for off - site consumption is an ancillary use to the existing retail market use; C. The use will not create the need for increased police services, in that conditions are required to ensure proper control of the sale of beer and wine for off -site consumption; D. The requested use at the proposed location will not adversely affect the economic welfare of the community; and E. 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. SECTION 4. CITY COUNCIL APPROVAL: the City Council hereby approves Conditional Use Permit No. 2010 -07 subject to the Standard and Special Conditions of Approval found in Exhibit A attached. Resolution No. 2010 -2984 Page 3 SECTION 5. 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 15th day of December, 2010. ATTEST: Maureen Benson, City Clerk j1aice S. Parvin, Mayor Exhibit A — Standard and Special Conditions of Approval Resolution No. 2010 -2984 Page 4 EXHIBIT A STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT (CUP) No. 2010 -07 STANDARD CONDITIONS OF APPROVAL The applicant shall comply with Standard Conditions of Approval for Conditional Use Permits as adopted by City Council Resolution No. 2009 -2799 (Exhibit B), except as modified by the following Special Conditions of Approval. In the event of conflict between a Standard and Special Condition of Approval, the Special Condition shall apply. SPECIAL CONDITIONS 1. The Conditions of Approval of this permit, City of Moorpark Municipal Code and adopted city policies at the time of the permit approval supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on plans. 2. Conditions of this entitlement may not be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. 3. 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 the permit, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37. 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 building permit is ultimately obtained, or final occupancy is ultimately granted with respect to the permit. 4. If any of the conditions or limitations of this approval are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. Resolution No. 2010 -2984 Page 5 5. The development must be in substantial conformance with the plans presented in conjunction with the application for Conditional Use Permit No. 2010 -07 except any modifications as may be required to meet specific Code standards or other conditions stipulated herein. 6. The applicant shall reimburse the City of Moorpark for any additional police or other costs incurred by the City as a result of operations approved by this Conditional Use Permit, including fifteen (15 %) percent overhead on any such services. 7. No person under the age of eighteen (18) shall sell packaged alcoholic beverages. 8. All exterior areas of the site, including parking areas under use by the facility, shall be maintained free of litter and debris at all times. 9. Conditional Use Permit No. 2010 -07 may be revoked or its use suspended by the City, if any of the causes listed in Section 17.44.080.13 of the Zoning Code are found to apply, including if the use for which the permit was granted has not been exercised for at least twelve (12) consecutive months, has ceased to exist, or has been abandoned. The discontinuance for a period of one hundred eighty (180) or more days of a nonconforming use or a change of nonconforming use to a conforming use constitutes abandonment and termination of the nonconforming status of the use. 10. 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. 11. Areas inside the establishment open to customers must be illuminated sufficiently to allow the identification of persons. 12. The applicant or his /her designee shall be responsible to police the exterior of the business to assure that no alcoholic beverages are consumed within the parking lot. The applicant shall not permit any loitering in the parking lot or in areas adjacent to the facility. 13. Hours of operation for the store are limited to 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. 14. Sales area dedicated for display of refrigerated beer and wine must not exceed 6 self serve reach -in doors and no more than 48 square feet of non - refrigerated display of beer and wine, as the allowable display of retail and saleable beer and wine for the total floor area of the neighborhood market. All cold storage of wine and beer must be limited to the west - facing cold storage four glass door fronts furthest from the customer entrance door, and the two south facing doors. All room temperature bulk storage of beer and wine must be limited to areas away from the entrance /exit doors to the satisfaction of the Community Development Director and Police Chief. 15. No exterior advertising of any kind or type is allowed promoting or indicating the availability of alcoholic beverages. Interior display /advertising of beer or wine that are clearly visible to the exterior shall constitute a violation of this condition. Interior advertising or promotion of availability of beer and wine may only be located within areas approved for the interior display of beer and wine merchandise subject to the Resolution No. 2010 -2984 Page 6 Community Development Director approved floor plan on file with the Community Development Department. 16.The permittee must correct any safety or security problem within thirty (30) days upon written notice of such a problem from the Moorpark Police Department. 17. A closed- circuit security color -video camera must be positioned to monitor areas that are used to store beer and wine. The closed - circuit television cameras must provide monitoring and recording of the sales counter to show employee /customer transactions, as well as, the reach -in refrigerators and surrounding floor area. Also, a closed- circuit security camera must provide monitoring and recording of the rear parking lot. This system must have the capability to record 24 hours, and this system must be protected from access by employees and customers. The applicant shall provide a closed- circuit security camera plan subject to the review and approval of the Community Development Director. 18.Any and all employees directly involved or supervising the sale of alcoholic beverages shall provide evidence and the business shall maintain records that employees have: a. Received training from the State of California Department of Alcoholic Beverage Control "Leadership and Education in Alcohol and Drugs" LEAD program in the form of an ABC issued certificate. b. The Owner /Manager shall confirm with the California Department of Alcoholic Beverage Control within fifteen (15) days of hire any new employee has been scheduled with the local (Santa Barbara ABC office) to attend the LEAD program course. Alternatively, this course attendance requirement may be met through a LEAD certified agency or company approved by the State of California. 19.The applicant shall submit an exterior lighting plan, along with required deposit, to the satisfaction of the Community Development Director. The lighting plan, prepared by an electrical engineer registered in the State of California, must demonstrate conformance of the exterior lighting with the Moorpark Municipal Code. END Resolution No. 2010 -2984 Page 7 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2010 -2984 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 15th day of December, 2010, and that the same was adopted by the following vote: AYES: Councilmembers Mikos, Millhouse, Pollock, Van Dam, and Mayor Parvin NOES: None ABSENT: None ABSTAIN: None 2010. WITNESS my hand and the official seal of said City this 17th day of December, Maureen Benson, City Clerk (seal)