HomeMy WebLinkAboutAGENDA REPORT 1995 1220 CC REG ITEM 10ETo:
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AGENDA REPORT
City of Moorpark
The Honorable City Council
ITEM AQ 6
Jaime Aguilera, Director of Community Development
Prepared by Craig Malin, Assistant Planner
December 8, 1995 (CC meeting December 20, 1995)
Subject: Consider Administrative Permit No. 95 -18 to Commercial
Planned Development Plan Permit 89 -1 Major Modification
No. 1 ( Albertsons), request Liquor Public Convenience and
Necessity Permit for liquor sales.
Background
Commercial Planned Development Permit 89 -1, Major Modification No.
1 was approved by the City of Moorpark on October 5, 1994 for the
construction of a 125,170 square foot commercial center.
Discussion
On December 5, 1995, Albertsons Markets filed an application to
sell "off- sale" (for consumption off -site) alcoholic beverages at
their store at 475 W. Los Angeles Avenue. State Assembly Bill No.
2897 requires that the Alcoholic Beverage Control Department obtain
approval of Cities prior to issuance of a Liquor License. This
procedure is accomplished through approval of a Liquor Public
Convenience and Necessity Permit by the City. The City does not
currently have a procedure for the approval of Convenience and
Necessity permits. On December 20, 1995, the Council will consider
a resolution proposing that the processing of applications for
alcoholic beverage sales shall be accomplished through the same
procedures used for Administrative Permits. Since no procedures
currently exist, staff is utilizing the procedure which is proposed
to be considered by the Council at their December 20, 1995 meeting.
This request is for the off -site sale of beer, wine and liquor at
the Albertsons market currently under construction in the Mission
Bell Center. Staff sent a notice of hearing on December 7, 1995 to
all property owners within 300' and has not received any responses.
0001.78
Discussion
Approval of an application for alcohol beverage sales requires that
the following criteria be met: A) Does this use represent a public
necessity or a public convenience B) Does this use not represent an
over concentration of alcohol sales in the area.
It is inconceivable that sales of alcoholic beverages could be
found to represent a public necessity, however, in staff's opinion
the sale of alcoholic beverage at the Albertsons market would
represent a public convenience to persons shopping for other goods
as well as for alcoholic beverages.
At present the other uses in the area which sell off -site alcoholic
beverages are Hughes Market, Thrifty's Drugs, Park Lane Liquor and
the Arco and Shell service stations. King Pollo and Round Table
restaurants currently sell beer and wine for on -site consumption.
Staff has estimated the distances (door to door) from Albertsons to
the other uses as follows:
A) Shell Service Station - 780'
B) Park Lane Liquor - 875'
C) King Pollo - 925'
D) Round Table Pizza - 1,050'
E) Thrifty's Drug Store - 1,050'
F) Hughes Market - 1,400'
G) Arco Am /Pm service station - 1,630'
AB 2897 does not provide a definition of over concentration and
leaves the determination to the local authority. It is staff's
opinion that there is not an over concentration of liquor sales in
this area of the City and such will not exist with the approval of
this permit.
This proposal has been reviewed by the Director of Community
Development, who is deferring action on this application to the
City Council and making the following recommendation.
Recommendation
Adopt Resolution No. approving Administrative Permit No. 95-
18.
Attachment: Resolution No. 95-
0001 ~6