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HomeMy WebLinkAboutRES PC 2018 626 2018 0227 RESOLUTION NO. PC-2018-626 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2018-01 TO ALLOW THE SALE OF BEER, WINE, AND DISTILLED SPIRITS FOR OFF-SITE CONSUMPTION FROM A NEW GROCERY OUTLET SUPERMARKET AT 425 LOS ANGELES AVENUE, AND MAKING A DETERMINATION OF EXEMPTION UNDER CEQA IN CONNECTION THEREWITH, ON THE APPLICATION OF STEVE RAWLINGS (RAWLINGS CONSULTING) WHEREAS, on January 2, 2018, an application for Conditional Use Permit (CUP) No. 2018-01 was filed by Steve Rawlings (Rawlings Consulting) on behalf of Grocery Outlet to allow the sale of beer, wine, and distilled spirits for off-site consumption at a new Grocery Outlet supermarket at 425 Los Angeles Avenue; and WHEREAS, at a duly noticed public hearing on February 27, 2018, the Planning Commission considered Conditional Use Permit (CUP) No. 2018-01; and WHEREAS, at its meeting of February, 27, 2018 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 reached a decision on this matter; and WHEREAS, the Community Development Director has determined that proposed Conditional Use Permit (CUP) No. 2017-01 is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Class 1 Categorical Exemption: Existing Facilities) of the CEQA Guidelines in that this permit involves the re-use of an existing building with appropriate access, parking and circulation for this proposal, and the use is consistent with the applicable general plan designation and all applicable general plan policies and applicable zoning designation and regulations. In addition, there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTATION: The Planning Commission concurs with the Community Development Director's determination that proposed Conditional Use Permit (CUP) No. 2017-01 is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Class 1 Categorical Exemption: Existing Facilities) of the CEQA Guidelines in that this permit involves the re-use of an existing building with appropriate access, parking and circulation for this proposal, and the use is consistent with the applicable general plan Resolution No. PC-2018-626 Page 2 designation and all applicable general plan policies and applicable zoning designation and regulations. In addition, there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission has reviewed the Community Development Director's determination of exemption, and based on its own independent analysis and judgment, concurs with the determination of exemption. SECTION 2. 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: 1. The proposed use is consistent with the intent and provisions of the city's General Plan, Zoning Ordinance, and other applicable regulations in that the sale of beer, wine, and alcoholic beverages for off-site consumption is an ancillary use to the approved food market, a use consistent with the General Plan and Zoning. 2. The proposed use is compatible with both existing and permitted land uses in the area in that this is an approved food market where alcoholic beverages are sold. 3. The proposed use is compatible with the scale, visual character, and design of surrounding development in that the use does not require any significant modifications to the approved building. 4. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or uses in that conditions are required to ensure proper control of alcoholic beverages. 5. The proposed use would not be detrimental to the public interest, health, safety, convenience, or welfare in that conditions are required to ensure proper control of alcoholic beverages for off-site consumption. Additional Findings for Establishments Servings Alcoholic Beverages: 1. Although Census Tract 76.11 exceeds the ABC target number of businesses selling alcoholic beverages for off-site consumption, it is a census tract dominated by shopping centers where such uses are expected. The proposed use under this Conditional Use Permit will not result in a detrimental overconcentration of selling alcoholic beverages for off-site consumption in the area, as these sales will be ancillary to the grocery store. 2. The proposed use will provide a public convenience and necessity, in that selling alcoholic beverage for off-site consumption is an ancillary use to the primary use of the building as a grocery store. Resolution No. PC-2018-626 Page 3 3. The use will not create the need for increased police services, in that conditions are required to ensure proper control of the sales of alcoholic beverages for off- site consumption. 4. The requested use at the proposed location will not adversely affect the economic welfare of the community. 5. 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 property values within the neighborhood. SECTION 3. PLANNING COMMISSION APPROVAL: the Planning Commission herby approves Conditional Use Permit No. 2018-01 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. The action of the foregoing direction was approved by the following vote: AYES: Commissioners Haverstock, Landis, Vice Chair Aquino, and Chair Hamous NOES: None ABSTAIN: None ABSENT: Commissioner Di Cecco PASSED, AND ADOPTED this 27th day of February, '418. 9410_, /VW/al-WI-0 /Al:/1;/2 ruce A. Hamous, Chair David A. Bobardt, Community Development Director Exhibit A— Standard and Special Conditions of Approval Resolution No. PC-2018-626 Page 4 EXHIBIT A STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT (CUP) No. 2018-01 Standard Condition 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 applicant's acceptance of this permit and/or commencement of construction and/or operations under this permit is deemed to be acceptance of all conditions of this permit. 2. 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. 3. 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. 4. 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: The City bears its own attorney fees and costs; and ii. The City defends the claim, action or proceeding in good faith. Resolution No. PC-2018-626 Page 5 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. 5. 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. 6. The development must be in substantial conformance with the plans presented in conjunction with the application for Conditional Use Permit No. 2018-01, except any modifications as may be required to meet specific Code standards or other conditions stipulated herein. Any future changes to the parking or vehicle storage layout shall require review and approval by the Community Development Director. 7. 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. 8. Conditional Use Permit No. 2018-01 may be revoked or its use suspended by the City, if any of the causes listed in Section 17.44.080.B of the Zoning Code are found to apply, including if the use for which the permit was granted has not been exercised for at least twelve (12) consecutive months, has ceased to exist, or has been abandoned. The discontinuance for a period of one hundred eighty (180) or more days of a nonconforming use or a change of nonconforming use to a conforming use constitutes abandonment and termination of the nonconforming status of the use. 9. A separate sign permit application must be submitted for all proposed signs, for the review and approval of the Community Development Director prior to issuance of a building permit for a sign. 10. Approval of a Zoning Clearance is required prior to the issuance of building and occupancy permits. All other permit and fee requirements shall be met and property maintenance violations at the shopping center shall be abated prior to occupancy to the satisfaction of the Community Development Director 11. Prior to issuance of a Zoning Clearance for occupancy, the applicant shall submit a shopping cart abandonment prevention plan as required by Chapter 8.50 of the Moorpark Municipal Code. Shopping cart storage shall match the architectural design of the shopping center and shall be to the satisfaction of the Community Development Director. Resolution No. PC-2018-626 Page 6 12. Prior to issuance of a Zoning Clearance for occupancy, the applicant shall submit a security plan for the review and approval by the Community Development Director and Police Chief that demonstrate the locations of closed-circuit television cameras. Security cameras shall provide 24-hours of monitoring and recording of employee/customer transactions, store entrances/exits, and liquor floor area. In addition, clear signage shall be posted to notify customers of video surveillance recording, and front windows shall be unobstructed to allow for view from the outside. Areas inside the establishment open to customers must be illuminated sufficiently to allow the identification of persons. 13. Sales of alcoholic beverages are permitted only between the hours of 7:00 a.m. to 12:00 a.m. (midnight) each day of the week. 14. Alcoholic beverages shall be stored in a manner to reduce the potential for theft to the satisfaction of the Police Chief and Community Development Director. 15. 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. 16. The permittee must correct any safety or security problem within three (3) days upon written notice of such a problem from the Moorpark Police Department. 17. Applicant shall provide the Community Development Department with a copy of the ABC approval prior to sale of any alcoholic beverages. 18. 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. 19. No exterior advertising of any kind or type is allowed promoting or indicating the availability of alcoholic beverages. Interior displays of beer, wine, or liquor that are clearly visible to the exterior shall constitute a violation of this condition. 20. The applicant and his/her successors, heirs, and assigns must maintain solid waste service as required by Chapter 8-36 of the Moorpark Municipal Code using a franchised waste hauler approved by the City of Moorpark, unless otherwise approved in writing by the Solid Waste Division as authorized by Chapter 8-36 of the Moorpark Municipal Code. 21. No person under the age of eighteen (18) shall sell packaged alcoholic beverages. Resolution No. PC-2018-626 Page 7 22. 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. 23. The business shall maintain records showing that all employees directly involved in, or supervising the sale of alcoholic beverages have received training from the State of California Department of Alcoholic Beverage Control "Leadership and Education in Alcohol and Drugs" LEAD program, or other ABC-approved Responsible Beverage Service (RBS) training provider program, in the form of an ABC-issued certificate, to the satisfaction of the Police Chief. Within fifteen (15) days of hire of any new employee, the business shall confirm with the ABC that the employee has been scheduled to attend RBS training. -End-