HomeMy WebLinkAboutAGENDA REPORT 2010 1215 CC REG ITEM 08AITEM 8.A.
CITY OF fjoORr)ARK. CALIFO PN►A
City Council Meeting
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MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: David A. Bobardt, Community Development Director
Prepared by: Freddy A. Carrillo, Assistant Planner I�/
DATE: December 2, 2010 (CC Meeting of 12115/2010)
SUBJECT: Consider a Resolution 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
BACKGROUND
On August 31, 2010, Hakam Barakat filed an application requesting approval of
Conditional Use Permit (CUP) No. 2010 -07, to allow sale of beer and wine for off -site
consumption from the Moorpark General Store, an existing 3,600 square -foot market at
496 Moorpark Avenue within the Downtown Specific area. The Zoning Ordinance
requires Planning Commission approval of a CUP to allow the market to sell beer and
wine for off -site consumption in the Neighborhood Commercial (C -1) zone. On October
26, 2010, a public hearing was held before the Planning Commission on this
application. The Planning Commission approved CUP No. 2010 -07 with conditions. On
November 5, 2010, Teresa Cortes filed an appeal of the Planning Commission approval
of CUP No. 2010 -07. Copies of the appeal letter, Planning Commission Agenda
Report, Planning Commission Resolution, and draft Planning Commission Minutes for
this agenda item are attached.
Moorpark Municipal Code Section 17.44.090, sets forth the appeal process, generally
outlined as follows:
❖ All actions of the Planning Commission may be appealed by any person,
including a member of the City Council, to the City Council.
Honorable City Council
December 15, 2010
Page 2
❖ The appellant needs to file the appeal in writing, along with the applicable fee,
and reasons for the appeal and relate the reason to the required finding for
approval of the application with the Community Development Director, no
later than the close of business ten (10) calendar days after the date of the
final action of the decision making authority.
❖ The appellate body shall review the project application in the same form as
reviewed by the original decision maker and the review shall be conducted de
novo.
❖ Appeals are subject to the same type of public action process and public
noticing as required for the original project application, and will be scheduled
for the next available regular meeting of the appellant body following
completion of the required legal notice provisions.
DISCUSSION
The appellant submitted a letter prepared by Law Offices of Solomon, Saltsman and
Jamieson, dated November 4, 2010, (Attachment 1). Key issues raised in this letter are
identified below with analysis by staff:
• Creation of a Neighborhood Nuisance
Staff response: Single family dwelling units are located east of the existing
market, generally behind the market's parking lot and across an alley, and
north across First Street. The recommended conditions of approval limit
the area for beer and wine to 6 reach -in coolers and 48 square feet outside
the coolers. This totals less than 110 square feet, approximately 3 percent
of the total floor area of the 3,600 square foot market and store. The
existing market and store sells meat, dairy, produce, grocery and general
merchandise and the beer and wine sales are ancillary to the existing retail
store. In addition, the recommended conditions control advertising of
alcoholic beverages, hours of operation, lighting, and security. With these
conditions, beer and wine sales would be ancillary to grocery and general
merchandise sales and would not be anticipated to be a nuisance. Any
violation of the conditions of approval in the future could result in a permit
revocation hearing.
• Over - Concentration of Establishments Selling Beer, Wine and Liquor
Staff response: The Moorpark General Store is located in Census Tract
76.02. A list of all establishments with ABC licenses in Census Tract 76.02
is provided in the October 26, 2010, Planning Commission staff report,
(Attachment 2). It is correct that there are more Type 20 (beer and wine)
and Type 21 (beer, wine and liquor) licenses in Census Tract 76.02 than in
other census tracts in the city as shown in the table below. It should be
noted, however, that Census Tract 76.02, which is generally bound by the
railroad tracks on the north and the Arroyo Simi on the south, and includes
both sides of Los Angeles Avenue from the Arroyo bridge west as shown in
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Attachment 9, contains approximately half of all commercially- developed
land in Moorpark. It would therefore be expected to have a higher total
number of stores with Type 20 (beer and wine) and Type 21 (beer, wine
and liquor) licenses than other Census Tracts. Census Tract 76.02
currently has 0.18 Type 20 and 21 permits per acre of commercial
development, slightly higher than the citywide average of 0.16 permits per
acre of commercial development. If this Conditional Use Permit is
approved, Census Tract 76.02 would have 0.20 Type 20 and 21 permits
per acre of commercial development, compared to an increased citywide
average of 0.17 permits per acre of commercial development. This is not a
significant difference from the citywide average and could not be construed
as an undue concentration.
• No legal or factual basis for the Planning Commission to issue a CUP, or for
the Community Development Department to issue a Letter of Public
Convenience or Necessity
Staff response: Ordinance No. 304, adopted on September 15,
2004, revised Chapters 17.12, 17.20, and 17.44, of Title 17 (Zoning) of the
Municipal Code. Ordinance No. 304 included revising the Conditional Use
Permit entitlement process in Section 17.44.040.D to make the Planning
Commission the decision - making authority, and the Commission makes
findings and decisions that are final except in cases of appeal. In the
current Municipal Code, Section 17.20.060 of the Municipal Code (Table
17.20.060), Permitted Uses in Commercial and Industrial Zones, identifies
the entitlements required, including the CUP requirement for alcoholic
beverage sales for off -site consumption when in conjunction with another
city- approved retail or service use. Section 17.44.040.D, Conditional Use
Permit (CUP), includes the required approval findings for a CUP
and Section 17.44.040.D.7 contains the required Additional Findings for
Establishments Selling Alcoholic Beverages. The Additional Findings
include a finding that granting the CUP would be in the interest of public
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Type 20
Type 21
Type 20 and
Census
Acres of
Licenses
Licenses
21 Licenses
Tract
Commercial
(Beer)
(Beer,
per Acre of
Development
Wine)
Wine, &
Commercial
Liquor)
Development
76.02
71.48
6
7
0.18
76.04
56.52
3
5
0.14
76.06
0.34
0
0
0
76.07
11.57
0
1
0.09
76.08
2.44
0
1
0.41
TOTAL
142.35
9
1 14
0.16
• No legal or factual basis for the Planning Commission to issue a CUP, or for
the Community Development Department to issue a Letter of Public
Convenience or Necessity
Staff response: Ordinance No. 304, adopted on September 15,
2004, revised Chapters 17.12, 17.20, and 17.44, of Title 17 (Zoning) of the
Municipal Code. Ordinance No. 304 included revising the Conditional Use
Permit entitlement process in Section 17.44.040.D to make the Planning
Commission the decision - making authority, and the Commission makes
findings and decisions that are final except in cases of appeal. In the
current Municipal Code, Section 17.20.060 of the Municipal Code (Table
17.20.060), Permitted Uses in Commercial and Industrial Zones, identifies
the entitlements required, including the CUP requirement for alcoholic
beverage sales for off -site consumption when in conjunction with another
city- approved retail or service use. Section 17.44.040.D, Conditional Use
Permit (CUP), includes the required approval findings for a CUP
and Section 17.44.040.D.7 contains the required Additional Findings for
Establishments Selling Alcoholic Beverages. The Additional Findings
include a finding that granting the CUP would be in the interest of public
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convenience or necessity. As such, the Municipal Code delegates to the
Planning Commission the authority to make the findings for the Public
Convenience or Necessity (PCN) as required by the California Department
of Alcoholic Beverage Control.
The authority of the Community Development Director is established
throughout Title 17 (Zoning) of the Municipal Code. For example, Section
17.04.050.J, Interpretation, includes: "...the director of community
development shall have the power to interpret the regulations and
standards contained in this title, when such interpretation is necessitated by
a lack of specificity in such regulations and standards. " This includes the
authority of the Community Development Director to provide the notice of
decision for the Planning Commission entitlement action.
Consistent with the authority granted to the Planning Commission and to
the Community Development Director, the City's consistent practice for
Conditional Use Permits approved by the Planning Commission to permit
sale of alcoholic beverages has been for the Community Development
Director or his/her designee to issue a Letter of Public Convenience and
Necessity to the Department of Alcoholic Beverage Control along with a
copy of the resolution of approval (which includes the required findings for
establishments selling alcoholic beverages).
With respect to facts in this case, these had been presented in the Planning
Commission agenda report, including exhibits, as well as in the staff
presentation and testimony given at the public hearing before the Planning
Commission.
Inadequate Application
Staff response: The application was reviewed and determined complete on
September 15, 2010.
Inadequate Noticing
Staff response: All public hearing notices contained adequate general
information such as: the applicant's request, location of the project,
applicant contact information, date, time and location of public hearing, and
staff contact information as required by Municipal Code Section
17.44.070(A). Two public hearing signs were posted on the project site on
October 14, 2010; a notice was published in the Ventura County Star on
October 16, 2010; notices were mailed to property owners within 1,000 feet
of the subject property in the latest assessor roles on October 13, 2010.
Copies of the notices are shown in Attachment 5. It should be noted that
the applicant reported that the signs on the project site had been marked
with graffiti and knocked down and had to be re- installed prior to the
Planning Commission hearing. Similar noticing of the appeal had been
done for the City Council meeting.
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Non- Compliance with Permit Streamlining Act
Staff response: The application was submitted on August 31, 2010 and
determined complete on September 15, 2010. The Planning Commission
made the decision on October 26, 2010, (well before the Permit
Streamlining applicable time limit for action of December 14, 2010).
• Inconsistency with the General Plan, Zoning Ordinance, and Other
Regulations
Staff response: The proposed use is consistent with the provisions of the
General Plan, Zoning Ordinance, and the Downtown Specific Plan.
Information on the General Plan and Zoning designation for the property is
included in the Planning Commission agenda report. As demonstrated in
the conditions of approval and reiterated above in this report, the limits on
the area provided for the sale of beer and wine along with other conditions
of approval would ensure that beer and wine sales are ancillary to the
grocery and general merchandise sales at this store.
Incompatible with, Obnoxious and Harmful to, and Impairing the Utility of
Surrounding Uses
Staff response: The proposed use is compatible with both existing and
permitted land uses in the surrounding area, in that this is an existing retail
market use where ancillary sale of beer and wine is not unexpected. It
serves the needs of the neighborhood residents, with many of the
customers walking to the store from nearby businesses or residences. The
proposed use would not be obnoxious or harmful, or impair the utility of
neighboring property or uses, in that conditions of approval are proposed to
ensure proper control of the sale of beer and wine for off -site consumption.
• Incompatibility with the Scale, Visual Character and Design of Surrounding
Properties
Staff response: 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 existing retail market
use which is already established and does not require any modifications,
including expansion, to the approved building. Beer and wine would be
sold from existing coolers and merchandise display areas. Conditions of
approval are recommended to provide monitoring cameras and lighting
adjustments which should not require extensive modification to the interior
or exterior of the building. Advertising of alcoholic beverages is restricted
by conditions of approval.
• Detriment to the Public Health, Safety, Convenience, and Welfare and
Increased Need for Police Services
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Staff response: Recommendations from the Moorpark Police Chief have
been included in the recommended conditions of approval for this CUP.
With these conditions, the used is not projected to result in an increased
need for Police services.
• Not a Public Convenience or Necessity
Staff response: 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.
• Adverse Economic Effect
Staff response: There is no evidence to suggest the requested use at the
proposed location will adversely affect the economic welfare of the
community.
• CUP Inconsistent with Negative Declaration and a full EIR Needed
Staff response: The Community Development Director reviewed this project
and found it to qualify for a Categorical Exemption in accordance with
Section 15301 (Class 1: Existing Facilities) of California Code of
Regulations (CEQA Guidelines). The Planning Commission concurred with
this finding of exemption. The proposed resolution recommends that the
City Council also concur with the Community Development Director's
determination that no further environmental documentation is required.
• Conditions Insufficient to Ameliorate the Detrimental Impact
Staff response: The recommend conditions of approval have been
developed by Community Development staff based on experience with
other similar uses and in consultation with the Police Department to ensure
proper control of the sale of beer and wine for off -site consumption.
• Additional Alcohol Sales Detrimental to Community Based on Demographics,
Schools, Skate Park, Residences, Boys and Girls Clubs, Alcoholic
Anonymous Meeting Site, and Churches in Close Proximity
Staff response: Flory Academy of Science and Technology is a magnet
school, located over 700 feet south -east from the existing market. It is
open for enrollment to all children of all residents of Moorpark, as well as
other cities in Ventura County (there is no defined boundary for
enrollment). While many of the students in the neighborhood near the
market attend Flory School, and some may walk past the market on the
way to school, elementary school boundaries for the project vicinity include
Mountain Meadows School for students residing east of Moorpark Avenue
and Arroyo West School for students residing west of Moorpark Avenue.
At over a mile from the market, these schools are too far away to walk to
for most residents in the vicinity of the market. The nearest school bus
stop for Mountain Meadows School is at Flory School. Students taking the
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bus to Mountain Meadows School would not typically walk in front of the
market, since the market is at the attendance boundary for the school and
Mountain Meadows students would be walking in the other direction to
catch a bus. The nearest school bus stop for Arroyo West School is at
Chaparral Middle School. Arroyo West students also would not typically
walk in front of the market, since their attendance boundary is on the other
side of Moorpark Avenue. Middle school students in the vicinity of the
existing market attend Chaparral Middle School, 800 feet from the market.
Many Chaparral students walk by the existing market to and from school,
as First Street has a signalized crossing with Moorpark Avenue. Moorpark
High School, the nearest high school to the market, is also over a mile from
the market. The School District recently discontinued bus service to the
High School. The nearest City bus stop that would take students to the
High School is on Moorpark Avenue just south of Poindexter Avenue and
the nearest City bus stop that would take students home from the High
School is on Second Street just east of Moorpark Avenue.
The nearest church as well as meeting location for Alcoholics Anonymous
is at 216 Moorpark Avenue, over 900 feet from the market site. The skate
park is approximately 1,600 feet from the market, and the Boys and Girls
Club is approximately 1, 700 feet from the market. The nearest homes are
less than 100 feet from the parking lot for the market. Conditions of
approval related to the amount and location of display space for beer and
wine as well as other conditions of approval ensure that the sale of beer
and wine from this market would not be a detriment to the community.
It should be noted that Special Condition No. 14 recommended for this
permit include restrictions on the placement of alcoholic beverages so that
they are not near the entrance doors to the market, to the satisfaction of
the Police Chief.
Staff continues to support the decision of the Planning Commission to approve
Conditional Use Permit No. 2010 -07, with the findings as stated in the Planning
Commission agenda report. The request to sell beer and wine at the existing market, to
be displayed within 6 self serve reach -in cooler doors and retail display of 48 square -
feet of retail floor area space for pre - packaged beer and wine is in fact ancillary to the
overall sales of products within the market, representing approximately 3 percent of the
total floor area of the store to be devoted to beer and wine sales.
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the public hearing.
2. Adopt Resolution No. 2010- denying Appeal No. 2010 -01 and approving
Conditional Use Permit No. 2010 -07.
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ATTACHMENTS:
1. November 4, 2010, Appeal Letter on Teresa Cortes' behalf by Solomon, Saltsman
and Jamieson
2. October 26, 2010, Planning Commission Agenda Report
3. Planning Commission Resolution No. 2010 -557
4. October 26, 2010, Draft Planning Commission Minutes (for this item)
5. Planning Commission Hearing Notices
6. Location Map
7. Aerial Photograph
8. Floor Plan
9. Map Showing Type 20 and 21 Permits by Census Tract
10. Resolution No. 2010-
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LAW OFFICES OF
SOLOMON, SALTSMAN & JAMIESON
A Putnership Including Professional Corporations
426 CULVER BOULEVARD
PLAYA DEL REY, CA 90293
(310) 822 -9848
FAX (310) 822 -3512
November 4, 2010
U.S. Hand Delivery
Community Development Director
City Clerk
City Attorney
Honorable City Council Members and Mayor
City of Moorpark
OeveoP�"sn�P�Pa %2`oo
City Hall : o�m N.. ¢
799 Moorpark Avenue °° Wit,, • `'CF Z"S'�(7c. 00 12
Moorpark, CA 93021
�3'1rA oaflpo i 3Y 6 v o
RE: NOTICE OF APPEAL TO CITY COUNCIL OF PLANNING DECISION OF u eC
OCTOBER 26, 2010
Appellant: Teresa Cortes, l�? p 0 -4 a�.f �t
Applicant: Hakam A. Barakat t . 14 S 0
Site Address: 496 Moorpark Avenue, City of Moorpark, CA 00 S1
Project appealed: CUP No. 2010 -07 .
Decision appealed: Planning Commission approval of CUP on October 26, 2010
To The Community Development Director, City Clerk, City Attorney, Mayor and Honorable
Members of the City Council:
Please be advised that the undersigned is legal counsel to Appellant Teresa Cortes and hereby
submits this Appeal to the Planning Commission Approval of the above mentioned project of
October 26, 2010. Ms. Cortes's Appeal is as follows:
LEGAL BASES
The Planning Commission has proceeded without and in excess of their jurisdiction by not
conducting fair hearings, not considering all relevant evidence, and by committing prejudicial
abuse of discretion. Said abuse of discretion includes but is not limited to the City and Planning
Commission not proceeding in a manner required by law and issuing findings which are not
supported by the evidence.
The Applicant appeals the Approval by the Planning Commission in its decision of October 26,
2010 as being: unnecessary, not reasonably calculated to address the concerns of Staff, the
Community and Commission, not supported by the evidence, overly burdensome, and
oppressive.
CC ATTACHMENT 1 9
Appeal to City Council
November 4, 2010
Page 2 of 5
Additionally, under the California Supreme Court decision Topanga Association for a Scenic
Communi v. County of Los Angeles 11 Ca1.3d 506,113 Cal.Rptr. 836 (1974), there must be
an analytical bridge between raw evidence and conclusions, when as here, the City acts in a
quasi-judicial role. It is also well established that judicial findings must be supported by
substantial evidence. Here, there is no analytical bridge between the raw evidence and the
conclusions to Approve. Boilerplate or conclusory findings such as these issued by the City are
impermissible under California case law.
Further, the Findings of Fact stated in the Resolution violate state law and where based on City
Ordinance, such ordinances are pre - empted by state law and therefore violative of the United
States and California Constitution. (See Alcoholic Beverage Control ACT, Business and
Professions Code §23000 et seq.)
Accordingly, for all the forgoing and following reasons, and others that may be presented to the
City Council before or at hearing, Approval of the sale of beer and wine at the subject site is
illegal, invalid, null, void, voidable, and/or otherwise without effect.
FURTHER LEGAL/FACTUAL BASES
The site is in a Neighborhood Commercial Zone thus requiring a Conditional Use Permit in order
to sell beer and wine. Abutting properties to the East of the site is all Single Family Residential,
zoning designation (R -1). The addition of another alcohol license in this immediate area will in
fact create a nuisance for the site itself and the surrounding residential areas.
Census Tract 76.02, in which this site exists, already includes 13 off sale ABC Licenses, making
this Census Tract heavily over concentrated and adding another alcohol License to this already
over concentrated area would be a violation of California State Law, Business and Professions
Code Section 23957. 23957 states in pertinent part as follows:
"The department f ABC] further shall deny an application for a license if issuance of that
license would tend to create a law enforcement problem, or if issuance would result in or
add to an undue concentration of licenses, except as provided in Section 23958.4."
(Bracketed material added)
The 13 existing Type 20 and Type 21 ABC Licenses are located close to this site and available to
residents and travelers, in various incarnations of markets (small such as the 2 Moorpark Central
Markets, medium size such as Fresh and Easy, and large such as Albertsons and Ralphs), liquor
store, convenience store, gas stations with convenience stores, liquor store, pharmacy, and
others. A map of the 13 other locations, and their proximity and hours of operation, will be
provided to the City Council prior to or at hearing. Each of these retail est.ablishmenls offers
something different to the community, but all of them provide food items and alcoholic
10
Appeal to City Council
November 4, 2010
Page 3 of 5
beverages, albeit in convenience stores, small or medium or large food markets, gas stations, et
al. The existing purveyors of food and alcoholic beverages already meet the needs of the
community therefore there is no necessity or convenience served by the addition of yet another
alcohol License to this already overburdened Census Tract.
i There was no legal nor factual basis for the Planning Commission to issue a Conditional Use
Permit, nor for the Community Development Department to issue a Letter of Public Convenience
or Necessity.
The application for CUP was neither adequately filed with the Community Development
Director, nor did it conform to the requirements of the Moorpark Municipal Code, nor did it
contain all required materials and information prescribed by the forms supplied by the
Community Development Director, nor accompanied by the appropriate processing fees.
Moreover there were existing violations of the zoning ordinance or municipal code at the site.
The Notice of the hearing on the CUP before the Planning Commission did not contain an
adequate general explanation for the matter to be considered and a general description, in test or
by diagram, of the location for the real property, that is the subject of the hearing.
The Community Development Director did not give notice of the public hearing, consistent with
the requirements of Section 17.44.070 of the Moorpark Municipal Code, by publication at least
ten days prior to the hearing in a newspaper for general circulation within the city, nor did the
Director mail the notice of the public hearing pursuant to Government Code Section 65091 to all
owners of real property as identified on the latest adjusted Ventura County Tax Assessor Roles,
within 1000 or 300 feet of the exterior boundaries of the assessor's parcels subject to the hearing
and this site is within the Downtown Specific Plan area
The applicant did not install at least one non illuminated sign on the subject property to notice
the hearing before the Planning Commission. The sign was not 32 square feet in area, and /or
exceeded 8 feet in height and was not placed in an area of the property most visible to the public,
not more than 1 foot from the front property line in commercial area. The sign did not include
the type of project as commercial, the square footage, nor the date, time and location of hearing,
nor the telephone numbers and email addresses of the developer and of the case planner assigned
to the application, and further did state additional information which is explicitly prohibited
under the Municipal Code.
Decisions made on the application in question were not made in compliance with applicable time
limits set forth by state law under the Permit Streamlining Act as recently amended.
In violation of Moorpark Municipal Code, Section 17.44.040, as well as all applicable State
Iaws, no legally or factually sufficient findings have been made, nor could be made, by the
Planning Commission to justify issuance of the Conditional Use Permit.
1 -1
Appeal to City Council
November 4, 2010
Page 4of5
The proposed use is not consistent with the provisions of the General Plan, Zoning Ordinance, or
any other applicable regulations, in that the sale of beer and wine for off site consumption is not
in truth and fact an ancillary use to the existing retail market use, and is not consistent with the
General Plan or Zoning.
The proposed use is not compatible with either existing or permitted land uses in the surrounding
area.
The proposed use is not compatible with the scale, visual character and design of surrounding
properties, since among other things, the sale of alcohol is not an ancillary use to the approved
retail market use and will require modifications to the approved building.
The proposed use will be obnoxious and harmful, and impair the utility of the neighboring
property or uses, with or without Conditions.
The proposed use will be detrimental to the public health, safety, convenience, and welfare.
The use will increase existing over concentration in the area of establishments selling alcoholic
beverages and the proposal will not enhance any existing retail establishment where such uses
are traditionally anticipated.
The use will not serve public convenience or necessity in that the sale of alcohol at this location
will not be a mere ancillary use of the restaurant, and there are many similar uses in the
immediate area.
The use will create the need for increased police services, and will increase the frequency and
severity of crimes and calls for service at the premises as well as in the surrounding community.
The use at this site will adversely affect the economic welfare of the community
The approval of a CUP or LPCN is inconsistent with a Negative Declaration and a full
Environmental Impact Report must be prepared and analyzed by the City before the approval of
the CUP, otherwise any Approval will violate State and local laws.
The Planning Commission abused and exceeded its jurisdiction and abused its discretion and
acted contrary to law in approving this use.
The Conditions imposed are insufficient and inapposite to ameliorate the detrimental impact to
the community.
The findings of the Planning Commission are not based upon substantial evidence in view of the
whole recorded to justify the decision.
There already exists in the 1 mile radius of this site many other off sale alcohol retail
establishments that more than adequately serve the necessity and convenience of the community.
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Appeal to City Council
November 4, 2010
Page 5 of 5
Additional alcohol sold at this location, considering the demographics, schools, Skate Park,
residential areas, boys and girls clubs, Alcoholic Anonymous meeting site, and churches in close
proximity to the site in question, will be detrimental to the children as well as of the community
in general.
The hearing on Appeal, per MMC 17.44.090, shall be conducted De Novo, that is to say it is not
the decision of the Planning Commission that is defended but rather the Applicant must prove his
case before the City Council. Per MMC 17.44.080, neither the applicant nor any enforcement
agency may rely on the Planning Commission decision until the Appeal has been resolved.
Thank you,
Very truly yours,
SOLOMON, S JAMIESON
JAMEESON
fERESA A. CORTES, Appellant
12425 Villa Campesina Ave
Moorpark, CA 93021
(805) 529 -6176
Cc: Partners (via intra office email)
Clients (via email only)
13
ITEM: 8.A.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: David A. Bobardt, Community Development Director
Prepared by Freddy A. Carrillo, Assistant Planner I -W
DATE: September 20, 2010 (PC Meeting of 10126110)
SUBJECT: Consider Conditional Use Permit (CUP) No. 2010 -07, to Allow Sale of
Beer and Wine from an Existing Market at 496 Moorpark Avenue
(Moorpark General Store) for Off -Site Consumption, on the Application
of Hakam A. Barakat
BACKGROUND
A Conditional Use Permit application was filed by Hakam A. Barakat on August 31, 2010,
to sell beer and wine for off-site consumption, (California Department of Alcohol Beverage
Control Type 20 License) from the existing 3,600 square -foot Moorpark General Store
market at 496 Moorpark Avenue (within the Downtown Specific Plan area).
DISCUSSION
Project Setting
Existing Site Conditions:
The 3,600 square -foot building on the southeast corner of Moorpark Avenue and First
Street was recently remodeled and expanded, with work completed in 2007. The property
has five parking spaces located in the rear, including a handicap space.
Previous Applications:
Planned Development Permit No. 945 was approved on May 8, 1981, to permit a 2,016
square -foot restaurant at this site. Prior to that time, the subject building was occupied by a
used furniture store. On September 7, 2004, Permit Adjustment No. 2004 -14 to Planned
Development Permit No. 945 was approved for a 1,584 square -foot addition to the
commercial building, improvements to the site, and a total fagade renovation. The building
is currently used as a neighborhood market, which currently sells meat, dairy, produce and
general grocery and retail merchandise.
CC ATTACHMENT 2 14
Honorable Planning Commission
October 26, 2010
Page 2
GENERAL PLAN/ZONING
Direction
General Plan
Zoning
Land Use
General
Neighborhood
Site
Commercial
Commercial
Retail /Market
2)
(C -1)-
- - -
Old Town
Old Town
North
Commercial
Commercial
Office /Commercial
(C -OT) _
(C -OT)
General
Neighborhood
South
Commercial
Commercial
Vacant Building
C -2
C -1)
_
Medium Density
Single Family
Single Family
East
Residential
Residential
Dwellings
4DU /AC
R -1
Neighborhood
Neighborhood
West
Commercial
Commercial
Retail/Market
C -1
C -1
General Plan and Zoning Consistency:
The project site is within the Downtown Specific Plan area. The General Commercial land
use designation and Neighborhood Commercial zoning of the property encourages
commercial uses such as this neighborhood market in this portion of the downtown area.
The Zoning Ordinance requires Planning Commission approval of a Conditional Use Permit
to allow the market to sell beer and wine for off-site consumption in the Neighborhood
Commercial (C -1) Zone.
ANALYSIS
Issues
Ensuring that the sale of beer and wine from this location does not create a neighborhood
nuisance either individually or collectively with other markets that sell alcoholic beverages
is the primary issue for Planning Commission consideration in their review of the
Conditional Use Permit application. Conditions are recommended by staff to address
security concerns associated with the sale of beer and wine. These conditions are
consistent with those applied to other food markets in Moorpark which are permitted to sell
beer, wine and other alcoholic beverages.
The applicant is concurrently processing an application with the California Department of
Alcoholic Beverage Control (ABC) for the sale of beer and wine for off -site consumption.
The ABC measures the number of businesses selling alcoholic beverages by census tract,
and compares this number to other census tracts in the area. Based on thirteen
establishments selling beer and wine or beer, wine and liquor, ABC has determined that
there is an over - concentration of alcohol permits in Census Tract 76.02, where the project
15
Honorable Planning Commission
October 26, 2010
Page 3
is located. This census tract is a large census tract that includes all areas south of the
railroad tracks, north and west of the Arroyo Simi and east of Gabbert Road. Therefore,
existing commercial areas within this Census Tract include: the Moorpark Town Center,
Mission Bell Plaza, Park Lane Center, Village Retail Auto Center, The Grove, Tuscany
Square, Gateway Plaza, LA Spring, and Moorpark Plaza shopping centers. This census
tract includes most of Moorpark's commercial land, and therefore would be expected to
have more establishments selling alcoholic beverages than other census tracts in
Moorpark. Census Tract 76.02 currently has a healthy mix of many types of commercial
land uses, including a variety of retail stores, restaurants, auto repair shops and personal
service establishments. A permit for the sale of beer and wine from this location will not, in
the opinion of Community Development staff, result in a detrimental over - concentration of
such permits. In order for ABC to issue an alcohol license, the applicant must obtain a
Conditional Use Permit, and subsequently the Community Development Department must
issue a letter of "Public Convenience and Necessity." Given that the primary use is a food
market and the beer and wine sales would be ancillary to the existing use, and the market
contributes to the economic development of the city, this finding can be made for this
license.
Similar Uses — ABC has issued permits for six establishments to sell beer and wine (Type
20 License) and for seven establishments to sell beer, wine and liquor (Type 21 License)
for off -site consumption within Census Tract 76.02, as follows:
Type 20 Licenses (Beer and Wine Only)
❖ 7- Eleven, located at 530 Los Angeles Avenue, Unit 1A, within the Moorpark Plaza
shopping center
❖ Shell Station, located at 301 Los Angeles Avenue, within the Mission Bell Plaza
shopping center
❖ 76 Gas Station, located at 550 Los Angeles Avenue
❖ Alliance Food Market and Gas Station, located at 50 Los Angeles Avenue
❖ Fresh & Easy Market, located at 144 Los Angeles Avenue, Unit G, within the
Tuscany Square shopping center
❖ Tellos Mexican Food, located at 415 Moorpark Avenue
Type 21 Licenses (Beer, Wine, and Other Alcoholic Beverages)
❖ Ralph's, located at 101 Los Angeles Avenue, within the Moorpark Town Center
shopping center
❖ The Wine Castle Two, located at 525 Los Angeles Avenue, Unit E, within the LA
Spring shopping center
❖ Moorpark Central Market, located at 50 Poindexter Avenue
❖ Moorpark Central Market #2, located at 375 Moorpark Avenue
16
Honorable Planning Commission
October 26, 2010
Page 4
❖ Albertsons, located at 475 Los Angeles Avenue, within the Mission Bell Plaza
❖ Moorpark Liquor Store, located at 312 Los Angeles Avenue, within the Park Lane
Center
❖ CVS Pharmacy, located at 155 Los Angeles Avenue, within the Moorpark Town
Center shopping center
The applicant has indicated that the standard hours of operation will be:
7:00 a.m. to 10:00 p.m. Sunday to Thursday, and;
7:00 a.m. to 11:00 p.m. Friday and Saturday.
Any extension of these hours in the future may increase late night activity and noise in the
neighborhood with the beer and wine sales. Given the Neighborhood Commercial zoning
of the site and nearby residential uses, a Condition of Approval is recommended to limit the
hours of operation of the store to those noted above.
Currently, the market has a 23 -foot long walk -in display cooler with 11 self serve reach -in
doors, where current display items consist of water, soda, sports -energy drinks, juice and
dairy products such as milk, eggs, cheese and yogurt. The applicant is proposing to
dedicate 6 of the 11 self serve reach -in doors for the display and retail of beer and wine. In
addition, he is also proposing to have a 4 -foot by 3 -foot area of retail space for pre
packaged beer and wine containers, for display and retail in a non - refrigerated manner.
Since this is a neighborhood market, staff has added condition #14, as follows "Sales area
dedicated for display of refrigerated beer and wine must not exceed 6 self serve reach -in
doors and 12 square feet of non - refrigerated display of beer and wine, as the total floor
area for display of retail and saleable beer and wine for the total floor area of the
neighborhood market. ". This would ensure that beer and wine would be provided as a
convenience to market customers and it would not become a dominant part of the products
offered for sale.
The Moorpark Police Chief has provided recommended conditions, as follows:
• 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.
• A security color -video camera must be positioned to monitor areas that are used to
store beer and wine.
Staff has incorporated the recommended conditions above as conditions of approval in the
proposed resolution, associated with this request.
17
Honorable Planning Commission
October 26, 2010
Page 5
Findings
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 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.
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.
V.
Honorable Planning Commission
October 26, 2010
Page 6
PROCESSING TIME LIMITS
Time limits have been established for the processing of development projects under the
Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the
Subdivision Map Act (Government Code Title 7, Division 2), and the California
Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13,
and California Code of Regulations, Title 14, Chapter 3). Under the applicable provisions
of these regulations, the following timelines have been established for action on this
project:
Date Application Determined Complete: September 15, 2010
Planning Commission Action Deadline: December 14, 2010
City Council Action Deadline: NIA
Upon agreement by the City and Applicant, one 90-day extension can be granted to the
date action must be taken on the application.
ENVIRONMENTAL DETERMINATION
In accordance with the City's environmental review procedures adopted by resolution, the
Community Development Director determines the level of review necessary for a project to
comply with the California Environmental Quality Act (CEQA). Some projects may be
exempt from review based upon a specific category listed in CEQA. Other projects may be
exempt under a general rule that environmental review is not necessary where it can be
determined that there would be no possibility of significant effect upon the environment. A
project which does not qualify for an exemption requires the preparation of an Initial Study
to assess the level of potential environmental impacts.
Based upon the results of an Initial Study, the Director may determine that a projectwill not
have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt
a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects,
a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient
environmental documentation. If the Director determines that a project has the potential for
significant adverse impacts and adequate mitigation can not be readily identified, an
Environmental Impact Report (EIR) is prepared.
The Community Development Director has reviewed this project and found it to qualify for a
General Rule Exemption in accordance with Section 15301 (Class 1: Existing Facilities) of
California Code of Regulations (CEQA Guidelines). No further environmental
documentation is required.
Honorable Planning Commission
October 26, 2010
Page 7
STAFF RECOMMENDATION
Open the public hearing, accept public testimony and close the public hearing.
2. Adopt Resolution No. PC -2010- conditional approving Conditional Use Permit
No. 2010 -07.
ATTACHMENTS:
1. Location Map
2. Aerial Photograph
3. Existing Floor Plan
4. Draft PC Resolution with Conditions of Approval
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Conditional Use Permit No. 2010 -07
496 Moorpark Avenue (Moorpark General Store)
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PROJECT EXHIBITS
A. Existing Floor Plan
(UNDER SEPARATE COVER)
COPIES OF THE EXHIBITS ARE AVAILABLE
UPON REQUEST OF THE PROJECT PLANNER
PC ATTACHMENT 3 23
RESOLUTION NO. PC- 2010 -557
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. 2010 -07, A CONDITIONAL USE
PERMIT TO ALLOW THE SALE OF BEER AND WINE AT AN
EXISTING MARKET ( MOORPARK GENERAL STORE) FOR OFF -
SITE CONSUMPTION, AT 496 MOORPARK AVENUE, ON THE
APPLICATION OF HAKAM A. BARAKAT
WHEREAS, at duly noticed public hearing on October 26, 2010 the Planning
Commission considered Conditional Use Permit (CUP) No. 2010 -07 on the application
of Hakam A. Barakat to allow the sale of beer and wine at an existing 3,600 square -foot
market for off -site consumption, at 496 Moorpark Avenue; and
WHEREAS, at its meeting of October 26, 2010 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 October 26, 2010
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 and wine
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.
CC ATTACHMENT 3 24
Resolution No. PC- 2010 -557
Page 2
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 2. 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 3. PLANNING COMMISSION APPROVAL: the Planning
Commission herby approves Conditional Use Permit No. 2010 -07 subject to the
Standard and Special Conditions of Approval found in Exhibit A attached.
SECTION 4. FILING OF RESOLUTION: The Community Development
Director shall cause a certified resolution to be filed in the book of original resolutions.
25
Resolution No. PC- 2010 -557
Page 3
The action of the foregoing direction was approved by the following vote:
AYES: Commissioners Groff, Taillon, Vice Chair Landis, and Chair
Hamous
NOES: Commissioner Di Cecco
ABSTAIN: None
ABSENT: None
PASSED, AND ADOPTED this 26t" day of October, 201
6 F/X uauJ
Hamous, Chair
�F14-V//, r z W
David A. Bobardt, Community Development Director
Exhibit A — Standard and Special Conditions of Approval
26
Resolution No. PC- 2010 -557
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.
27
Resolution No. PC- 2010 -557
Page 5
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. 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 17.44.080.6 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.
Resolution No. PC -2010 -557
Page 6
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
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
29
MINUTES OF THE PLANNING COMMISSION
Moorpark, California October 26, 2010
A Regular Meeting of the Planning Commission of the City of Moorpark was held on
October 26, 2010, in the Council Chambers of said City located at 799 Moorpark
Avenue, Moorpark, California.
1. CALL TO ORDER:
Chair Hamous called the meeting to order at 7:06 p.m.
2. PLEDGE OF ALLEGIANCE:
Joseph Vacca, Principal Planner, led the Pledge of Allegiance.
3. ROLL CALL:
Present: Commissioner Di Cecco, Commissioner Groff,
Commissioner Taillon, Vice Chair Landis, and Chair
Hamous.
Staff Present: David Bobardt, Community Development Director; Joseph
Vacca, Principal Planner; and Joyce Figueroa,
Administrative Assistant.
4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS:
None.
5. PUBLIC COMMENT:
None.
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
None.
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS AND REPORTS ON
MEETINGS /CONFERENCES ATTENDED BY THE COMMISSION:
(Future agenda items are tentative and are subject to rescheduling )
A. Future Agenda Items
i. CUP 2003 -05 National Ready Mixed (Continued from August 25,
2009 to a date uncertain)
ii. CUP 2010 -03 Wireless Facility
iii. CUP 2010 -04 Lighthouse Church
CC ATTACHMENT 4 30
Minutes of the Planning Commission
Moorpark, California Page 2 October 26, 2010
iv. Housing Element Update
V. Rescinding Toll Mazur DA, GPA, ZC
vi. ZOA 2010 -02 Massage Establishment Regulations
vii. ZOA 2010 -03 Emergency Shelters etc.
Mr. Bobardt briefly discussed announcements and future agenda items.
Chair Hamous announced that Moorpark Rotary Club will present the annual
Civil War Battles Reenactment on November 13 - 14, at Tierra Rejada Ranch.
8. PUBLIC HEARINGS: (next Resolution No. PC- 2010 -557)
A. Consider Conditional Use Permit (CUP) No. 2010 -07, to Allow Sale of
Beer and Wine from an Existing Market at 596 Moorpark Avenue
(Moorpark General Store) for Off -Site Consumption, on the Application of
Hakam A. Barakat. Staff Recommendation: 1) Open the public hearing,
accept public testimony and close the public hearing; 2) Adopt Resolution
No. PC- 2010 -557 conditional approving Conditional Use Permit No. 2010-
07. (Staff: Freddy Carrillo)
Mr. Vacca gave the staff report.
Questions from Commissioners followed regarding if the applicant has had
any problems at his Simi Valley market, Census Tract 76.02 areas, how
often does ABC revisit the establishment, and if moving forward on this
project is there a potential that would limit someone else from applying for
a license in the future within the census tract.
The Commission also discussed the floor plan: comment regarding
conditions of approval and comments from the police department specific
about which doors in the storage area are available for beer and wine, the
drawing needs to be updated to reflect this condition, did the police
department specify a location for the non - refrigerated beer display, will
bulk storage be in the same retail area space, and discussion regarding
Type 20 and Type 21 licenses.
Chair Hamous opened the public hearing.
Hakam A. Barakat, Owner, Moorpark General Store, discussed the project
and stated he was available to answer any questions.
Patrick Ellis, President, Moorpark Chamber of Commerce, spoke in favor
of the project and stated that the payment center at Moorpark Central
Market is a big asset to the community, functioning as a payment center,
and the business is catering to the community's needs.
31
Xvmor _pr _servXdepartment sharelCommun ty Development\PLANNING COMMISSIONWINUTES\2010\10_ 1026 _pcm_draft doc
Minutes of the Planning Commission
Moorpark, California Page 3 October 26, 2010
Margarita Betancourt, resident, spoke in opposition of the project and
expressed her concerns about the lighting, there are already numerous
establishments selling alcohol, the business being near a school, and
asked about City of Santa Barbara demographics and neighborhoods
liquor stores are located in.
Rick Willson, resident, spoke in favor of the project and commented
positively on the integrity of the people that operate the business.
Teresa A. Cortes, resident, spoke in opposition of the project and stated
her concerns, indicating that there are currently 18 establishments in
Moorpark within less than two miles that are currently selling alcohol, and
provided staff with a 58 -page petition she sent to the state protesting the
ABC license.
Munther Dorgalli, Part Owner, Moorpark Central Market I & Il, spoke in
opposition of the project.
A discussion followed among Commissioners and Mr. Dorgalli regarding if
his two stores currently sell beer and wine, how much of an area is
dedicated for liquor, beer and wine sales, and the type of merchandise his
store sells.
Abdul Barakat, resident, spoke in favor of the project and stated he was
available to answer any questions.
Miriah Ramos, resident, spoke in opposition of the project and her
concerns for the children that reside in this residential area, teen -agers
accessing the alley -ways for making beer -runs.
Abel Aguilera. Manager, Moorpark General Store spoke in favor of the
project and stated that he has worked at Barakat's Market on High Street
approximately 20 years. He currently works for Mr. Hakam Barakat and
has knowledge how to run the business, when to sell beer, knows how to
walk customers out of the store that have been drinking, and knows how
to take care of customers and has never had any problems with Moorpark
Police Department.
A discussion followed among Commissioners and Mr. Aguilera regarding if
he has had the ABC class on alcohol beverage sales, and if he has had
any problems with teen - agers.
In response to Chair Hamous, Mr. Bobardt stated there were no other
Speaker Cards or Written Statement Cards
32
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Minutes of the Planning Commission
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At the request of Chair Hamous, Mr. Hakam Barakat returned to the
lectern and responded to comments about the lighting, consumption of
alcohol on the property and in the alley way. Mr. Barakat will address the
lighting as the City allows him to add more lighting, he does not allow
patrons to consume alcohol on his property, the market has cameras
located in the store modernized according to the Police Department
requirement and is going to install outside cameras. Mr. Barakat also
addressed the typical client purchase which is primarily from the nearby
residents.
A discussion followed among Commissioners and the applicant regarding
how much alcohol is going to be purchased by the existing customer base
and how much of it is going to be pulling customers from somewhere else.
Mr. Barakat replied that because he will be offering beer and wine, he is
anticipating a 30% - 40% increase in overall sales from the store, which
will come from existing customers.
In response to the Commissioners, Mr. Barakat stated that there will be no
exterior advertising or signage in the store promoting beer or wine and
that the look of the store will not change.
Mr. Barakat also discussed changing the application to modify the display
area to 4 end -caps (12 square feet each) which would total 48 square feet,
instead of a 4 x 3 area as originally proposed. If this occurs with 48
square feet of non - refrigerated beer for sale, and the six cooler doors, it
would still be less than 2% of floor area devoted to retail sales.
A discussion followed among the Commissioners regarding the Protest of
the Alcoholic Beverage License applications, copies of which Ms. Cortes
provided to the Planning Commission. Ms. Cortes submitted fifty -eight
protest forms to Department of Alcoholic Beverage Control.
In response to Chair Hamous, Mr. Bobardt stated that the Department of
Alcoholic Beverage Control will have to consider a license for the
establishment to allow them to sell beer and wine.
Chair Hamous closed the public hearing.
A discussion followed among the Commissioners and staff regarding the
permitting process, whether or not ABC considers the distance of the
schools from the establishment, Condition No. 10; the City's right to
modify, suspend or revoke the Conditional Use Permit if the applicant
violates any conditions, and the difference between liquor stores and
markets that sell alcoholic beverages.
33
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Minutes of the Planning Commission
Moorpark, California Page 5 October 26, 2010
The Commission agreed that there is merit to having all conveniences in
one location, that this is a reasonable request based on the census tract
area: for residents in the location of walking distance of the establishment,
this satisfies a public convenience, and do not see a bigger demand of
beer and wine sales in this particular area.
The Commission discussed amending the following Conditions:
Add to Condition No. 14: that the condition reads "no more than 48
square feet of non - refrigerated beer and wine ":
Amend Condition No. 15: regulating interior advertising, stating that
it may be regulated by the Director of Community Development and
limiting the area of interior advertising to be located only within the
areas approved for beer and wine sales:
Adjust Condition No. 17; requiring the addition of a security camera
to monitor the parking lot area.
Add Condition No. 19: requiring submittal of a lighting plan to
ensure adequate lighting levels.
MOTION: Commissioner Taillion moved and Commissioner Groff seconded a motion to
approve staff recommendation, with changes as proposed by the Commission, including
adoption of Resolution No. PC 2010 -557. (Voice Vote: 4:1, Commissioner Di Cecco
dissenting.)
The Planning Commission has final approval authority for this project unless
appealed.
B. Consider the Approval of Zoning Ordinance Amendment 2007 -01 to
Amend Chapter 17.20 (Uses by Zone) and Chapter 17.42 {Wireless
Communications Facilities) of the Moorpark Municipal Code to Update the
Wireless Communication Facilities Review Process and Ensure
Consistency With Changes in State Law Regarding the Regulation of
Wireless Communications Facilities. Staff Recommendation: 1) Open the
public hearing, accept public testimony and close the public hearing; 2)
Adopt Resolution No. PC- 2010 -558 recommending that the City Council
approve Zoning Ordinance Amendment 2007 -01. (Staff: Joseph Vacca)
Mr. Vacca gave the staff report.
A discussion followed among the Commissioners and staff regarding the
location of support equipment for a minor facility which typically has to be
in an underground vault, and if a minor facility can also be located on the
34
k\mor _pn_serv\CIepartment snaretCommurnty DevelopmenttPLANNING COMMISSION\MINUTES\2010t10- 1026 _pcm _draft ooc
Minutes of the Planning Commission
Moorpark, California Page 6 October 26, 2010
roof of a building. It was recommended that staff review the ordinance to
determine if it needs to be adjusted to read that the support equipment for
a facility has to be within the building or in a vault and if mounted on a
building then the support equipment also be completely enclosed in the
building.
Chair Hamous opened the public hearing.
Ken Simons, resident, commented on the project, stating that collocation
is the wave of the future in most technologies and that we do not want to
hinder the possibility of collocations..
A discussion followed among the Commission and staff regarding
residential height requirements.
Chair Hamous closed the public hearing.
A discussion followed among the Commission that adjustments made
encourage collocations and that this is a smart move. The Commission
commended Mr. Vacca for his work on this project.
MOTION: Vice Chair Landis moved and Commissioner Di Cecco seconded a motion to
approve staff recommendation, including adoption of Resolution No. PC 2010 -558.
(Voice Vote: Unanimous)
The City Council has final approval authority for this project.
9. DISCUSSION ITEMS:
A. Consider Canceling Regular Planning Commission Meetings in November
and December 2010, and Scheduling a Special Planning Commission
Meeting on November 30, 2010. Staff Recommendation: 1) Direct staff to
post notices of meeting cancellation for the November 23, 2010 and
December 28, 2010 regular Planning Commission meetings and schedule
a special Planning Commission meeting for November 30, 2010. (Staff:
David Bobardt)
Mr. Bobardt gave the staff report.
Approved staff recommendation by consensus.
By consensus, the Commission approved staffs recommendation.
35
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Minutes of the Planning Commission
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10. CONSENT CALENDAR
Approved the Consent Calendar. (Voice Vote: Unanimous)
A. Consider Approval of the Regular Meeting Minutes of September 28,
2010. Staff Recommendation: Approve the minutes.
Approved Staff Recommendation
11. ADJOURNMENT:
MOTION: Vice Chair Landis moved and Commissioner Taillon seconded a
motion to adjourn. The motion carried by unanimous voice vote. The time was
9:03 p.m.
Bruce A. Hamous, Chair
David A. Bobardt, Community Development Director
W
tknor _pr _serv\depanment snare\Commun,ty DevelopmennPLANNING COMMISSION\MINUTES\2010\10 _1026 _pcm_draft.doc
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that a public hearing will be held before the Planning
Commission of the City of Moorpark, California, on Tuesday, October 26, 2010, at 7:00 p.m., at
the Moorpark City Hall, located at 799 Moorpark Avenue, Moorpark, California, 93021, to
consider the application described below
NOTICE IS FURTHER GIVEN that pursuant to the California Environmental Quality Act
(CEQA), the Community Development Director has determined this project to be Categorically
Exempt in accordance with Section 15301 (Class 1: Existing Facilities) of the California Code of
Regulations (CEQA Guidelines). No further environmental documentation is required.
Entitlement: Conditional Use Permit No. 2010 -07
ApplicanVOwner: Hakam A. Barakat
Proposal: To allow sale of beer and wine (Type 20 license) at the existing 3,600 square -foot
Moorpark General Store market for off -site consumption.
Location: 496 Moorpark Avenue (Within the Downtown Specific Plan area)
Case Planner: Freddy A. Carrillo, Assistant Planner 1
(805) 517 -6224 farrillo@ci.moorpark.ca.us
The proposed project application(s) and environmental documents may be reviewed at the
Community Development Department, City Hall, 799 Moorpark Avenue, Moorpark, CA 93021
during normal business hours.
Any person affected by the application(s) may appear and be heard in support or opposition to
the proposals at the time of the hearing.
The Planning Commission in their deliberation could approve the project, deny, or approve the
project in an alternative form. If you challenge the proposal in court, you may be limited to
raising only those issues you or someone else raised at the Public Hearing described in this
notice, or in written correspondence delivered to the Community Development Department at, or
prior to, the Public Hearing.
Si usted tiene preguntas relacionadas con esta propuesta, comuniquese por favor con
Sr. Freddy A. Carrillo dentro del Departamento del Desarrollo de la Comunidad, all
telefono (805) 517 -6224.
Publish Date: October 16, 2010 Standard Ad
Sent Date: October 7, 2010
Control Code 6784 2733
S \Commun ty DeveiopmennDEV PMTSIC U P\2010\2010-07 Moorparx Generai Store\Not cesPC puohsh doc
CC ATTACHMENT 5 37
Certificate of
Publication
Ad #255420
In Matter of Publication of:
Notice of Public Hearing
State of California)
M
County of Ventura)
I, Maria Rodriguez, hereby certify that
the Ventura Star, Thousand Oaks
Star, Oxnard Star, Simi Valley Star,
Moorpark Star, Camarillo Star has
been adjudged a newspaper of general
circulation by the Superior Court of
California, County of Ventura within the
provisions of the Government Code of
the State of California, printed and
published in the City of Camarillo,
County of Ventura, State of California;
that I am a clerk of the printer of said
paper; that the annexed clipping is a true
printed copy and publishing in said
newspaper on the following dates to wit:
Oct. 16, 2010
1, Maria Rodriguez certify under penalty
of perjury, that the foregoing is true and
correct.
Dated this Oct. 18, 2010, in Camarillo,
Californ:_ „F XtontiimA
(Signature)
)TICE OF PUBUC•HEARING
HEREBY GIVR ,that a �publrc. heed will
ir•'the'Plannino coimtseiON;otitlieiG of
aiilorni "m T diy.'Vober �6 !201 it
at 'the 'Aldorpa CFt l Bill locatid : cif' 799 f
venue,.Mo . oll, Mornfa,,93021, to 006 1,
'NOTICE IS!FUFPER' rsyartl to ttw Call-
fomia Enviran'fFierttal Ou"allty' jC OA), tfia Commur4y
Devekrprnent Director has determined lhls p�Ct to .
Categoricallyy Exempt in accordance with 15301
(Class 1: •E:dstingg Facilities) of 1fra..Callfomia Code§(
egulations•(1382A Guidelines). Nb further envlronmen>: ,
tal oocumentetlon is required..'
Enthlenient: Condrtional Usa Permit No. 2010-07
Appfiard Owner. Hakam A. Baraket
Proposal: •To allow sale of beer and wine (Type 20 In-
cense) at the existing 3.600 square -foot Moorpark Gen-
eral Store market for off-site consumption.
L'ccadon: 496 Moorpark Avenue (WKNn the Downtown
Specific Plan area) L .taL
{ Cass Planner, Frre�ayy J .C&ni1o: Assistant P
I (805) 517-W4 tdarrilloOd.moorr) ca.us
The proposed .;:pnojs�t''avp►fceeon(s):and envl
documents m..'be ievlewed at Cie Comm
m ent DeparMis CIty. Hall. 799 ^Moorpa T..
Moorpark. CA 93021 during normal buakrses hou
I My person 0.6isd Dy flie' applKation(s). efa_y.,erppeer
and bs'heerd to %sbpp Wor•oppoelbon•to' X. p 'at
Via time of the hearing.
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i someone else raised at ublic Hearing dsscitb I
this notice. or In writtin conesponderfce`dellvered to
Community' Developrpent Departn+ent at? or, prior to,
Public Hearing. 1
SI usted time pnykxNais rNaclonada: eon esta I
p�urersftOae comMuurJq por favor con Sr. Fro" del Departarnento del Deserrolio di
Notice Continued..
NOTICE IS FURTHER GIVEN, that pursuant to the
Community Development Department
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Community Development Director has determined
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799 Moorpark Avenue
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Date mailed October 13 2010
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By Joyce R Figueroa. Administrative Assistant
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c Honorable City Council
Honorable Planning Commission
City Manager
Administrative Services Director & City Clerk
Community Development Department
Public Hearing Binder
City Website
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NOTICE OF
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PUBLIC HEARING
NOTICE IS HEREBY GIVEN that a public
hearing will be held before the Planning
Commission of the City of Moorpark. California.
on Tuesday, October 26, 2010, at 7:00 p.m.
at the Moorpark City Hall. located at 799
Moorpark Avenue, Moorpark. California. 93021.
to consider the application described below.
CASE #: Conditional Use Permit No. 2010 -07
APPLICANVOWNER: Hakam A. Barakat
LOCATION: 496 Moorpark Avenue (Within the
Downtown Specific Plan area)
PROPOSAL: To allow sale of beer and wine
(Type 20 license) at the existing 3.600 square -
foot Moorpark General Store market for off -site
consumption.
CASE PLANNER: Freddy A. Carrillo
Assistant Planner I
PHONE: (805) 517 -6224
EMAIL: fcarrillo(cDci.moorpark.ca.us
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496 Moorpark Avenue
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Conditional Use Permit 2010 -07
496 Moorpark Avenue within the Downtown Specific Plan area
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Appeal No. 2010 -01 of Conditional Use Permit No. 2010 -07
496 Moorpark Avenue (Moorpark General Store)
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Census Tract 76.06
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Acres of Commercial Development: 0.34.
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Type 20 Licenses: 0
/ I Type 21 Licenses: 0
11 Census Tract 76.04
Acres of Commercial Development: 56.52
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Type 20 Licenses: 3
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Type 21 Licenses: 5
Census Tract 76.02
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Acres of Commercial Development: 71.48
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_.. Type 20 Licenses: 6
Type 21 Licenses: 7
Census Tract 76.08
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Acres of Commercial Development:
2.44 _
•--- Type 20 Licenses 0
Type 21 Licenses. 1
7Census ract 76 07 -
ommerclal Development* 11.57 -'
I Type 20 Licenses: 0
Type 21 Licenses: 1
City of
MOORPARK
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RESOLUTION NO. 2010-
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.
CC ATTACHMENT 10 47
Resolution No. 2010 -
Page 2
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 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:
.•
Resolution No. 2010 -
Page 3
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.
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 15`h day of December, 2010.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Exhibit A — Standard and Special Conditions of Approval
Em
Resolution No. 2010 -
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
50
Resolution No. 2010 -
Page 5
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.
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
51
Resolution No. 2010 -
Page 6
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 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
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