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Home My WebLink AboutAGENDA REPORT 1998 0121 CC REG ITEM 09BCITY OF MOORPARK, CALIFORNIA City Council Meeting of J Z 1 199' AC.�N:_ Cons- ine.�ci 'in 2'L} -� i BY..- R� -�ol.t o r� dCn acs AGENDA REPORT City of Moorpark • ITEM To: The Honorable City Council From: Nelson Miller, Director of Community Developmer�,'' Prepared by Craig Malin, Assistant Planner Date: January 9, 1998 (CC meeting January 21, 1998) Subject: Consider Conditional Use Permit No. 98 -1 (Marketplace Partners)for a retail establishment (Rite Aid Drug Store) for off site alcoholic beverage sales in Commercial Planned Development No. 95 -1, Major Modification No. 1, located at the northwest corner of Spring Road and Tierra Rejada Road (APN 500 -0- 350 -545 and 555). Background On June 19, 1996, the City Council adopted Resolution No. 96 -1204 approving Commercial Planned Development Permit No. 95 -1 for a 15,862 sq.ft. retail center (multiple tenants) and a 9,450 sq.ft. day care.facility. Major Modification No. 1 was approved by the City Council on December 17, 1997, for the construction of a 16,730 sq.ft. square foot drug store (single tenant), an 868 sq.ft. expansion of size with the day care facility unchanged at 9,450 sq.ft. Construction of the project has not yet commenced, although grading is underway. Setting Direction Zoning Site C -1 (Neighborhood Commercial) North RPD 4.5u (Residential Planned Development 4.5 units per acre) General Plan C -1 (Neighborhood Commercial M (Medium Density Residential) Land Use Undeveloped Commercial Single family homes 0Q0®0C CUP 98 -1 Marketplace Page 2 Properties Direction Zoning General Plan East RPD 3u SP 92 -1 (Residential (Specific Plan) Planned Development 3 units per acre) West RPD 4.5u M (Medium (Residential Density Planned Residential) Development 4.5 units per acre) South County County Discussion Land Use Undeveloped residential Single Family Homes Agricultural On January 5, 1998, Marketplace Partners filed an application for a Conditional Use Permit for off -site sales of alcoholic beverages (beer, wine and liquor) in an establishment within the approved, but not yet constructed Rite Aid drug store at the northwest corner of Spring Road and Tierra Rejada Road. Ordinance No. 234 adopted on July 16, 1997, provides procedures, standards and requirements for establishments selling alcoholic beverages and Resolution No. 97 -1346 modified the procedure for the review of Conditional Use Permits as they relate to establishments selling alcoholic beverages. Off -site sales of alcoholic beverages (pre - packaged) from a store, such as that proposed, requires the approval of a Conditional Use Permit. Decision making authority for this permit is vested with the City Council without the requirement for review by the Planning Commission. The hours of operation approved in Resolution 97 -1413 for the development of the center are from 7:00 a.m. to 10:00 p.m. for the retail portion of the development. These hours are more restrictive than the allowed hours of operation in Ordinance 234 of 6:00 a.m. to 12:00 a.m. midnight. OOeOO7 CUP 98 -1 Marketplace Properties Page 3 A notice of public hearing was mailed on January 6, 1998, to all property owners within 1,000' of the subject property, concerning this application for alcohol sales. Approval of an application for alcohol beverage sales in an establishment requires that the following criteria be met: A) The use will not result in an over concentration in the area of establishments selling alcoholic beverages. Response: over concentration of alcohol sales is determined by the Alcoholic Beverage Control. However, when an over concentration is determined, the local governing agency (City of Moorpark) is granted authority under AB 2897 to make findings of Public Convenience and Necessity that can result in a subsequent granting of approval to establish the alcohol sales location. At present the nearest establishments selling alcoholic beverages are: Lalo's, Szechuwan Garden, Two Guys from Italy and Wood Ranch Barbeque, all of which are between 6,200' and 6,500' from the subject site. Alcoholic Beverage Control has not notified the applicant that there is an over concentration of points of sale of alcoholic beverages. B) The use will serve a public convenience. Response: If approved, this will be the only retail establishment in this area of the City authorized to sell alcohol. Other products and goods will be sold at this location with alcohol comprising approximately 2.5% of gross sales and occupying approximately 500 sq.ft of the sales floor area, which is 30 of the sales display area. Additionally, nearby residents would be able to reduce vehicular travel distance when desiring to purchase this product, which if approved would be available within this neighborhood. C) The use will not create the need for increased police services. Response: The Police Department has been provided with a copy of this application and has responded that conditions typically established by ABC would be appropriate for this proposal. D) The requested use at the proposed location will not adversely affect the economic welfare of the community. 0000'®8 CUP 98 -1 Marketplace Page 4 Properties Response: The site is zoned Neighborhood Commercial. Development of this project has been approved with a Commercial Planned Development and is in conformance with all code requirements. 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 substantial diminish or impair property values within the neighborhood. Response: The architectural design and layout of the center will not conflict in design with the surrounding uses. No changes in the appearance of the building are proposed with this application. Environmental Determination This project is Categorically Exempt from CEQA requirements as a Class 1 exemption for the operation or alteration of private structures. Recommendation Adopt Resolution No. 98- approving Conditional Use Permit No. 98 -1. Exhibits: 1) Resolution No. 98- 2) Site Plan 3) Elevations 4) Zoning Map 5) General Plan Map 0000C91 RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA APPROVING CONDITIONAL USE PERMIT NO. 98 -1 (MARKETPLACE PARTNERS) TO ALLOW OFF SITE ALCOHOLIC BEVERAGE SALES IN A RETAIL ESTABLISHMENT (RITE AID DRUG STORE) AT THE NORTHWEST CORNER OF SPRING ROAD AND TIERRA REJADA ROAD (APN 500 -0- 350 -545 AND 555) WHEREAS, on January 5, 1998, the applicant applied for Conditional Use Permit No. 98 -1 off -site sales of alcoholic beverages in the drug store within Commercial Planned Development Permit No. 95 -1, Major Modification No. 1; and WHEREAS, Authority for the approval of Conditional Use Permits for the sale of alcoholic beverages is granted to the City Council pursuant to Ordinance No. 234; and WHEREAS, at its meeting of January 21, 1998, the City Council held a duly noticed public hearing to consider the application filed by Marketplace Properties, requesting approval of Conditional Use Permit No. 98 -1; and WHEREAS, at its public hearing of January 21, 1998, the City Council after review and consideration of the information contained in the staff report dated January 9, 1998, and accepting public testimony has reached a decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. Based upon the information and findings presented in the staff report dated January 9, 1998, accompanying documents and public testimony, the City Council finds that: a. This project will not have the potential to cause a significant effect on the environment and an exemption from the provisions of the California Environmental Quality Act may be granted pursuant to Section 15061 of the CEQA guidelines. EXHIBIT t 000.010 Reso 98- CUP 98- 1(Marketplace Partners) Page 2 b. The proposed project would not have a substantial adverse impact on surrounding properties. C. The Conditional Use Permit is consistent with the intent and provisions of the City's General Plan and of the City Municipal Code. d. The Conditional Use Permit is compatible with the character of surrounding development. e. The proposed Conditional Use Permit would not be obnoxious or harmful, or impair the utility of neighboring property or uses. f. The Conditional Use Permit would not be detrimental to the public interest, health, safety, convenience, or welfare. g. The conditionally permitted use is compatible with existing and planned land uses in the general area where the development is to be located. h. The Conditional Use Permit represents a public convenience. I. The use will not result in an over concentration in the area of establishments selling alcoholic beverages. j. The use will not create the need for increased police services; and k. The requested use at the proposed location will not adversely effect the economic welfare of the community. SECTION 2. The City Council conditionally approves Conditional Use Permit No. 98 -1 for the on -site sale of pre- packaged alcoholic beverages; on site consumption is not authorized. SECTION 3. Approval of Conditional Use Permit No. 98 -1 is hereby approved subject to the following conditions: 006on Reso 98- CUP 98- 1(Marketplace Partners) Page 3 1. Applicant must provide the Community Development Department with a copy of the Alcoholic Beverage Control (ABC) approval prior to sale of any alcoholic beverages. 2. This Conditional Use Permit is hereby approved for the sale of pre - packaged alcoholic beverages to be consumed off -site only and does not authorize on -site consumption. 3. All conditions of approval of Resolution Nos. 96 -1204 (Resolution approving CPD 95 -1) and 97 -1413 (approving CPD 95 -1 Major Modification No. 1) apply except as modified by this Resolution. 4. Any violations of the ABC license or problems relating to noise or disturbances relating to this use shall be grounds for the initiation of proceedings for revocation of this Conditional Use Permit. SECTION 4. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED THIS 21 DAY OF JANUARY, 1998. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk 000012 m X J� 1 N c,.e vtiNw6i� -\-. wc' vMLNNY) 5 r4x •,Nt WnY w /G' M1GH ,apaupl•T 1�CN K•1'LCE tt �. -1 FR 8' ® � 1811 YL�L.•OMnIn «� wli•LEw .IER 019 v11E6 �4110EIrt L.10lC.VMO SITE PLAN 9u��1,•�.L�..,, ,..,.,11,.,_T..M, SUMMARY APN: 500 -0- 350 - 535,545,555 LAND AREA • 190,800 SFt (4.38 ACs) BUILDING AREA 26,180 SF LAND /BUILDING RATIO 6.28/1 13.7% PARKING PHOVIDFD 143 NARKING BUILDING RAIK) 6.49/1000 PARKING HE OUIRE. D 88 THE PARKING REOUIRED CALCULATKN! FOR THIS SCHEML IS BASED L)P(NN THE FOLLOWING. GENL RETAIL, CHILD CARE 1/300 SF TOTAL LANDSCAPED AREA: 60,755 SFx PERCENTAGE OF LANDSCAPED AREA ON SITE: 31.84% PARKING AREA: 69,488 SFx PERCENTAGE OF LAND COVERED BY PARKING AREA: 36.45% LANDSCAPING IN LANDSCAPG PARKING AREA: 42,115 SFx PERCENTAGE OF LANDSCAPING N PARKING AREA: 60.0% VICINITY MAP• ,,,r'J�LgJ I L \ OOkPANK In- Zt1l i A PROJECT FOR- Marketplace Properties 13522 N—poro l Acanur Sulle100 .31 (714)T�tui CA 731 92780 (7147 -P888 FAX (714) '730 -35 2� Ge- A COMMERCIAL PROJECT AT MOORPARK, CA. TIERRA REJADA ROAD S SPRING ROAD �J n / 1 11/21/97 9/30/97 « " 111 7197 SCHEME E 9435? 9� m X vo CA) FRONT ENTRY AT 45° ANGLE A, N ELEVATIONS—: -LE ,,...,0' PPA A PROJECT FOR Marketplace Properties Snoppulp Cenlei f?evebrxneni r/% 13522 Newport Avenue Swte IOC Tustin. CA 92780 (714) 7318888 FAX (7 14) 730 -3525 A COMMERCIAL PROJECT AT MOORPARK. CA. J TIERRA REJADA ROAD & MOORPARK ROAD 2 11 9/30/97 8/00 /97 9/97 SO 7 7 -9780 9454 -11 SOUTH • r WEST ELEVATION ELEVATIONS i i A PROJECT FOR Marketplace Properties snoPpmc Cep a 13522 Newport Avenue Sw,e 100 Tustin. CA 92780 (714) 731 8888 FAX (714) 730 -3525 A COMMERCIAL PROJECT AT• MOORPARK, CA. TIERRA REJADA ROAD & MOORPARK ROAD 3 11 '21/97 8108197 S 77 7 -7 978 04354.1 I 111 ►i►7i�l�llll�,� �_)♦ ■111 /�r�i. �� ■ ..Lil.�w/e Novell 11111" s GLds:.i1L1d /11i� .� 11111111111 1/eer�ta111 t1G7L � 111111111 i�C]JL�IIIi 1/1111- IIIIIIIM 111 IIIIIIII /1111 I ;MWI:.:Nth, u1i111- 1111/11 iiii111t�-ac� Em"" m ORMIN • •y PA '9I97_ \I[! G V� _ C:2 NEW LOS C -2 -1 t C -1 ^ti �O I ML a IM M `� �� OS -2 =� L M Carlsberg Spec PUB yl t i I Y P OS -2 y- TIERRA - REJ& - LOCATION _s EXHIBIT 5 00601` . I