HomeMy WebLinkAboutRES PC 2012 569 2012 0522 RESOLUTION NO. PC-2012-569
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. 2012-01, A CONDITIONAL USE
PERMIT TO ALLOW THE RELOCATION OF AN EXISTING
RETAIL STORE FROM 525 LOS ANGELES AVENUE, SUITE E,
TO 559 LOS ANGELES AVENUE WITHIN THE LA SPRING
SHOPPING CENTER, ON THE APPLICATION OF JOHNY
HANNA (THE WINE CASTLE)
WHEREAS, at duly noticed public hearing on May 22, 2012, the Planning
Commission considered Conditional Use Permit (CUP) No. 2012-01 on the application
of Johnny Hanna to allow the relocation of an existing retail store selling premium wine,
liquor, cigars, and related accessories from 525 Los Angeles Avenue, Suite E, to 559
Los Angeles Avenue; and
WHEREAS, at its meeting of May 22, 2012, the Planning Commission
considered the agenda report 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 on May 22, 2012 reached a
decision on this matter; and
WHEREAS, the Planning Commission 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 PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. CONDITIONAL USE PERMIT 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 17.44.040:
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, wine,
and liquor for off-site consumption is an ancillary use to the approved retail 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 use where sale of beer, wine,
and liquor is not unexpected.
Resolution No. PC-2012-569
Page 2
C. The proposed use is compatible with the scale, visual character and design of
surrounding properties, in that the sale of beer, wine, liquor for off-site
consumption is an ancillary use to the approved retail 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, wine, and liquor 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, wine, and liquor for off-site consumption.
SECTION 2. ADDITIONAL CONDITIONAL USE PERMIT FINDINGS FOR
ESTABLISHMENTS SELLING ALCOHOL BEVERAGES:
A. The use will not result in a detrimental overconcentration in the area of
establishments selling alcoholic beverages, in that the proposal is transferring
license within the same census tract;
B. The use will provide a public convenience and necessity, in that the sale from
this location of beer, wine, and liquor for off-site consumption accompanies a
wide variety or retail and service uses in the immediate vicinity;
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, wine, and liquor 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 in that no substantial exterior changes are proposed.
SECTION 3. PLANNING COMMISSION APPROVAL: the Planning
Commission herby approves Conditional Use Permit No. 2012-01 subject to the
Standard and Special Conditions of Approval found in Exhibit A attached.
Resolution No. PC-2012-569
Page 3
SECTION 4. FILING OF RESOLUTION: The Community Development
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, Groff, Hamous, Vice Chair Gould, and
Chair Landis
NOES: None
ABSTAIN: None
ABSENT: None
PASSED, AND ADOPTED this 22nd day of May, 2012.
Kipp L. •is, C hair
, ote,IV/0/1/ //fr
Davi A. Bobardt, Corn nity D evel pment Director
Exhibit A— Standard and Special Conditions of Approval
Resolution No. PC-2012-569
Page 4
EXHIBIT A
STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR
CONDITIONAL USE PERMIT (CUP) No. 2012-01
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.
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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. 2012-01 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. Approval of a Zoning Clearance is required prior to the issuance of building
permits. All other permit and fee requirements must be met.
9. 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.
10. Conditional Use Permit No. 2012-01 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.
11. 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.
12. Areas inside the establishment open to customers must be illuminated sufficiently
to allow the identification of persons.
13. 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 store.
14. All Conditions of Approval for Commercial Planned Development No. 96-02
are incorporated by reference in this approval resolution and shall continue to
apply unless specifically modified by this permit. Inclusively the hours of
operation are limited to 6:00 a.m. to 12:00 a.m. (midnight).
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15. No exterior advertising of any kind or type is allowed promoting or indicating the
availability of alcoholic beverages. Interior display/advertising of beer, wine, and
liquor 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, wine, and
liquor merchandise subject to the 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. 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.
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.
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