HomeMy WebLinkAboutRES PC 2008 527 2008 0626 RESOLUTION NO. PC-2008-527
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NOS. 2007-04, A REQUEST TO
ALLOW ALCOHOLIC BEVERAGE (INCLUDING LIQUOR) SALES
FOR OFF-SITE CONSUMPTION AT A PROPOSED CIRCLE-K
CONVENIENCE STORE AT 6593 COLLINS DRIVE (CAMPUS
PLAZA) ON THE APPLICATION OF SAIB ALRABADI
WHEREAS, at a duly noticed public hearing held on June 26, 2007, July 24,
2007, and September 25, 2007, the Planning Commission considered Conditional Use
Permit No. 2007-04 on the application of Saib Alrabadi for sale of alcoholic beverages,
including liquor, for off-site consumption at a proposed Circle-K convenience store at
6593 Collins Drive (Campus Plaza); and
WHEREAS, at its meetings of June 26, 2007, July 24, 2007, September 25 2007
and, October 23, 2007 the Planning Commission considered the agenda reports and
any supplements thereto and written public comments; opened the public hearing and
took and considered public testimony both for and against the proposal, closed the
public hearing, and directed staff to prepare findings and conditions of approval for
consideration at its meeting on October 23, 2007; and
WHEREAS, on February 26, 2008 the Planning Commission reached a decision
on this matter; and
WHEREAS, the Planning Commission concurs with the Planning 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 PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Findings: Based upon the information set forth in the staff report(s),
accompanying studies, and oral and written public testimony, the Planning Commission
makes the following findings in accordance with City of Moorpark, Municipal Code
Section 17.44.030:
1. The proposed use is consistent with the provisions of the general plan,
zoning ordinance, and any other applicable regulations in that the sale of
liquor, beer, and wine for off-site consumption is an ancillary use to the
approved convenience store, a use consistent with the General Plan and
Zoning.;
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Page 2
2. The proposed use is compatible with both existing and permitted land
uses in the surrounding area in that this is an approved convenience store
where sale of liquor, beer, and wine is not unexpected.;
3. The proposed use is compatible with the scale, visual character, and
design of surrounding properties in that the sale of liquor, beer, and wine
for off -site consumption is an ancillary use to the approved convenience
store and does not require any modifications to the approved building.;
4. The proposed use would not be obnoxious or harmful, or impair the utility
of neighboring property or uses in that the sale of liquor, beer, and wine
for off -site consumption is an ancillary use to the approved convenience
store and does not require any modifications to the approved building.;
5. 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 liquor, beer, and wine for off -site consumption;
6. The use will not result in an over - concentration in the area of
establishments selling alcoholic beverages. The proposal is enhancing a
new establishment where such uses are traditionally anticipated,
consistent with the land use development pattern of the City of Moorpark;
7. The use will serve a public convenience in that the sale of liquor, beer,
and wine for off -site consumption is an ancillary use to the convenience
store;
8. The use will not create the need for increased police services in that
conditions are required to ensure proper control of the sale of liquor, beer,
and wine for off -site consumption;
9. The requested use at the proposed location will not adversely affect the
economic welfare of the community; and
10. 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 2. PLANNING COMMISSION APPROVAL: The Planning Commission
hereby APPROVES Conditional Use Permit Nos. 2007 -04 subject to the Conditions of
Approval included in Exhibit A (Conditions of Approval), attached hereto and
incorporated herein by reference.
Resolution No. PC- 2008 -527
Page 3
SECTION 3. FILING OF RESOLUTION: The Planning Director shall cause a
certified resolution to be filed in the book of original resolutions.
The action of the foregoing direction was approved by the following vote:
AYES:
Commissioners Di Cecco, Taillon, and Chair Peskay
NOES:
Commissioner Landis
ABSTAIN:
None
ABSENT:
Vice Chair Hamous
PASSED, AND ADOPTED this 26th day of February, 2008.
4ert kay, C hair
David A. Bobardt IV
Planning Director
Exhibit A — Conditions of Approval for Conditional Use Permit Nos. 2007 -04
Resolution No. PC- 2008 -527
Page 4
EXHIBIT A
CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT 2007 -04
PLEASE CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT FOR
QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING 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.
5. The development must be in substantial conformance with the plans presented in
conjunction with the application for Conditional Use Permit No. 2007 -04, except
any modifications as may be required to meet specific Code standards or other
conditions stipulated herein. All Conditions of Approval and requirements of
Commercial Planned Development Permit No. 2000 -04, as amended, shall
continue to apply unless specifically modified by this Conditional Use Permit.
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6. All necessary permits must be obtained from the Building and Safety Department
and all construction shall be in compliance with the Moorpark Building Code and
all other applicable regulations.
7. Approval of a Zoning Clearance is required prior to the issuance of building
permits. All other permit and fee requirements must be met.
8. 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.
9. No person under the age of eighteen (18) shall sell packaged alcoholic
beverages.
10. 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.
11. Conditional Use Permit No. 2007 -04 may be revoked or its use suspended by the
City, if any of the causes listed in Section 17.44.080.B 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.
12. 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.
13. Sales of alcoholic beverages are permitted only between the hours of 6:00 a.m.
and 12:00 midnight each day of the week.
14. The facility must at all times maintain records which reflect separately the gross
sale of food and the gross sales of alcoholic beverages of the business. Said
records shall be kept no less frequently than on a quarterly basis and shall be
made available to the Moorpark Police Department upon demand.
15. Areas inside the establishment open to customers must be illuminated sufficiently
to allow the identification of persons.
16. 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.
17. No exterior advertising of any kind or type is allowed promoting or indicating the
availability of alcoholic beverages. Interior displays of beer or wine that are
clearly visible to the exterior shall constitute a violation of this condition.
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18. In order to reduce theft, no floor display with filled containers of alcoholic
beverages is permitted. Floor displays of alcoholic beverages may only contain
empty packaging.
19. 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.
20. Closed- circuit television cameras shall provide monitoring and recording of the
sales counter to show employee /customer transactions, as well as, the reach -in
refrigerators and floor area. This system should have the capability to record 24
hours. This system shall be protected from access by employees and customers.
21. Any and all employees directly involved or supervising the sale /service 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.
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