HomeMy WebLinkAboutAGENDA REPORT 1996 0403 CC REG ITEM 10FAGENDA REPORT
City of Moorpark
1 -TiON:
To: The Honorable City Council
From: Paul Porter, Senior Planner`2�,
Prepared by Craig Malin, Assistant Planner
Date: March 20, 1996 (CC meeting April 3, 1996)
Subject: Consider Administrative Permit No. 96 -6 to Commercial
Planned Development Plan Permit 90 -2 Major Modification
No. 1 (Castillo Company), request for Liquor Public
Convenience and Necessity Permit for liquor sales.
Commercial Planned Development Permit No. 90 -2, Major Modification
No. 1 was approved by the City of Moorpark on December 6, 1995 for
the construction of a 118,783 square foot commercial center.
On March 15, 1996, The Castillo Company filed an application to
sell "off- sale" (for consumption off -site) alcoholic beverages at
the proposed Lucky's market in Mountain Meadows Plaza (which has
not yet begun construction), at the corner of Tierra Rejada Road
and Mountain Trail Street.
State Assembly Bill No. 2897 requires that the Alcoholic Beverage
Control Department obtain approval of Cities prior to issuance of
a Liquor License. This procedure is accomplished through approval
of a Liquor Public Convenience and Necessity Permit by the City.
Resolution No. 95 -1170, adopted on December 20, 1995, approved the
procedure for processing of Public Convenience and Necessity
permits. This Resolution requires that the processing of
applications for alcoholic beverage sales utilize the same
procedures used for Administrative Permits with final authority
determined by the City Council.
OZbZ-1.
This request is for the off -site sale of beer, wine and liquor at
the proposed Lucky's market in Mountain Meadows Plaza. Staff sent
a notice of hearing on March 21, 1996 to all property owners within
300' and has not received any responses.
Approval of an application for alcohol beverage sales requires that
the following criteria be met: A) Does this use represent a public
necessity or a public convenience. B) Does this use not represent
an over concentration of alcohol sales in the area.
It is inconceivable that sales of alcoholic beverages could be
found to represent a public necessity, however, in staff's opinion
the sale of alcoholic beverage at the Lucky's market would
represent a public convenience to persons shopping for other goods
and alcoholic beverages.
At present the nearest establishments selling alcoholic beverages
are located on Los Angeles Avenue, and are approximately one mile
distant. Another Administrative Permit has also been submitted for
another retailer in this commercial center for off -site sales. Two
locations in this center are not considered an over - concentration
by staff.
AB 2897 does not provide a definition of over concentration and
leaves the determination to the local authority. It is staff's
opinion that there is not an over concentration of liquor sales in
this area of the City and such will not exist with the approval of
this permit.
This proposal has been reviewed by the Director of Community
Development, who is deferring action on this application to the
City Council and making the following recommendation.
Adopt Resolution No. approving Administrative Permit No. 96 -6.
Attachment: Resolution No. 95-
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