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CITY OFVENTURA

PLANNING COMMISSION

Project No: Case No:

Applicant:

Planner:

Location:

Recommendation:

Zoning:

Land Use:

Regulatory Review:

Environmental Review:

STAFF REPORT

11369 UP-2-17-39303

Grocery Outlet Inc., Katy Schardt

Barbara Burkhart, Contract Planner (805) 644-4455 Jeffrey Lambert, AICP, Community Development Dir

9372 Telephone Road (Attachment A) APN: 134-0-040-315

Approve Use Permit, subject to conditions

Intermediate Commercial (C-1A) zone

Commerce (C)

SBMC Chapters 24.460 and 24.520

CEQA Guidelines Section 15301, Class 1 - Existing Facilities

PROJECT DESCRIPTION

The proposed project is a request for an Alcohol Use Permit allowing a Type 21 license (Off-sale General) that would allow the sale of beer, wine and spirits for a new Grocery Outlet Inc. Market. The operational and alcohol sales hours would be from 7:00 AM to 10:00 PM daily. The customer service area for alcohol sales would consist of alcohol displays (two cold storage coolers and two gondolas with beer and wine) and would be approximately 983 square feet within an existing 21,491-square feet, one-story building (site of a former Ralph's Grocery store) with allocated 86 parking spaces at located 9372 Telephone Road.

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The tenant space, which is one of a series of inline stores within the Central Shopping Center, is the site of a former Ralph's Grocery store. The Central Shopping Center is a 63,280 square foot center with 230 total parking spaces on 5.69 acres (247,856 square feet), located at 9276-9434 Telephone Road & 1129-1187 Petit Avenue, within the C-1A (Intermediate Commercial) zone, with a land use designation of Commerce.

The tenant space is 21,491-square feet within an existing one-story building located at 9372 Telephone Road. The customer service area for alcohol sales would be approximately 983 square feet, which is 4.5% of the Grocery Outlet Inc. Market, and would consist of alcohol displays (two cold storage coolers and two gondolas with beer and wine). This tenant space is allocated 86 parking spaces located directly north of the building.

The shopping center can currently be accessed from two curb cuts along Telephone Road (east bound), and one curb cut along Petit Avenue (south bound).

BACKGROUND

On September 28, 1976, the shopping center was approved via a retroactive conditional use permit (CUP 499; Resolution No. 4262) which was approved by the Planning Commission. The shopping center was constructed in 1965.

Ralph's Grocery (formerly Alpha Beta) occupied the tenant space at 9372 Telephone Road in 1965, and their Alcohol License (Type 20) was considered deemed approved upon the adoption of SBMC Chapter 24.460 ("Alcoholic Beverage Establishments - Use Permits").

On February 16 2016, staff approved a Minor Change/Minor Design Review (Project-9502: MDRC-9-15-30322/MC-9-15-30323) to construct a 4,880-square foot addition to the rear of the shopping center, add 20 parking spaces, relocate 6 parking spaces, re­stripe 8 parking spaces at the rear of the shopping center, and construct a new trash enclosure at the rear of the lot. The improvements were never implemented, and the permit expired.

On November 4, 2016, Ralph's Grocery store closed. A new business needed to be operational by May 5, 2017 to continue operating under Ralph's Grocery store's Alcohol Use Permit. No new business has come in to continue under Ralph's license.

On March 16, 2017, staff approved a Minor Design Review (Project-11323: MDRC-2-17-39125) for a partial fac;ade modification, consisting of relocated/added doors, added ramp, and revised paint colors to the storefront.

This meeting is the first and only time this Alcohol Use Permit has been scheduled to receive formal review from the Planning Commission.

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STAFF ANALYSIS

Project analysis is based upon staff's review of the project case file on record with Community Development and consistency review with applicable General Plan and zoning requirements.

General Plan Consistency

The project site is located within the Serra community, which is described as including the Telephone/Petit Neighborhood Center. The community contains a mix of housing types built mostly between 1960 and 1980, with some newer development in the 1990's and early 2000's. Additionally, this community is home to the Community Park, Chumash Park, Junipero Serra Park, North Bank Linear Park, and Bristol Bay Linear Park. This community also contains a significant amount of agricultural land.

Additionally, the project site (Central Shopping Center) is located within the Telephone/Petit Neighborhood Center. Neighborhood Centers are established around parks, community gathering places, or civic buildings, and contain or are near services they share with surrounding areas, such as schools, libraries, post offices, and specialty shopping.

The project site has a land use designation of Commerce, which encourages a wide range of building types of anywhere from two to six stories (depending on neighborhood characteristics) that house a mix of functions, including commercial, entertainment, office and housing. The surrounding area of the project site is commercial and office, with residential to the north and south of Telephone Road and east and west of Petit Avenue.

The proposed project would be consistent with the General Plan as it would consist of a commercial building/use in a portion of the Serra Community designated for commercial use.

Economic Development

The proposed project is also complimentary to the entrepreneurship and economic gardening Focus Area of the 2013-18, Economic Development Strategy, which directs the City to nurture businesses to keep them in Ventura and decrease the commercial vacancy rate. The proposal complies with the Economic Development Strategy as the new Grocery Outlet Inc. Market would fill a void left by the vacation of the Ralphs grocery store, maximizing the use of a vacant tenant space in the City before considering the construction of new commercial centers. Grocery Outlet Inc. operates approximately 260 stores in six states. Over 100 of those stores are located in California. The Ventura store will be the first Grocery Outlet Inc. Market in Ventura County. This store will be staffed with approximately 35-40 employees.

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Historic Context

The subject building at 9372 Telephone Road was originally built in 1965 as part of the Central Shopping Center. As only tenant improvements are associated with this Alcohol Permit, no historic review has been conducted.

Intermediate Commercial (C-1A) Zone Consistency

The project site is zoned Intermediate Commercial (C-1A), which provides an area in which a variety of commercial uses may develop and function safely, efficiently and harmoniously and protects commercial uses from encroachment of incompatible uses that are more appropriately located in other zones.

The C-1A Zone allows Food and Beverage Retail Sales by right (SBMC Section 24.234.020) and does allow "Shopping Center: Large 1" pursuant to SBMC Section 24.234.030 and the proposed Type 21 license (Off-sale General) use subject to a Use Permit pursuant to SBMC Chapter 24.460 ("Alcoholic Beverage Establishments - Use Permits"). Staff has analyzed the proposed project and found that it is consistent with all of the requirements of the C-1A zone and the conditions included in Planning Commission Resolution No. 4262 (Attachment B).

The proposed Alcohol Use Permit requests to allow Alcohol Sales from 7:00 a.m. until 10:00 p.m., which is consistent with normal store hours.

Parking

Table 1 below shows the proposed use would be in compliance with the required parking spaces. The shopping center has a Legal Non-Conforming parking space count of 230.

Shopping Center: Tenant Space: Large (b) with a 21,491 square feet Food and Beverage Retail Sales Use Type greater than Entire Shopping Center: 10,000 square 63,280 square feet

One space for each 250 square Tenant Space: feet of gross floor area.

Required: 86 spaces

Proposed: 86 spaces

Entire Shopping Center:

1 SBMC Section 24.115.3410.1: Shopping Centers: Large. Shopping Centers with a total area of five acres or more.

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feet in area Required: 253 spaces

Existing, Legal Non-Conforming: 230 spaces

Adequate parking is available for the new Grocery Outlet store within the Central Shopping Center. As demonstrated in the above table, the tenant's 86 available parking spaces immediately to the north of the new store equals the 86 required parking spaces.

Alcohol Use Permit

Food and Beverage Retail Sales is a permitted use within the C-1A Zone (SBMC Section 24.234.020). However, per Municipal Code Regulations Chapter 24.460 ("Alcoholic Beverage Establishments-Use Permits"), a Use Permit must be approved for any business engaged in the sale of alcoholic beverages. The purpose of this Alcohol Use Permit is to consider whether the necessary findings for the Use Permit can be made, and if so, to adequately condition a project to minimize potential negative impacts to the health, safety and general welfare of the community, residents and surrounding properties. As part of project review for the Grocery Outlet Inc. Market, staff, working with the Police Department, recommends operational conditions that are based upon the applicant's Operational Plan to ensure the establishment will be compatible with the surrounding uses.

According to recent crime statistics by the Ventura Police Department, Grocery Outlet Inc. Market is located in reporting district (RD) 137. The Ventura Police Department has provided the following crime statistics for RD 137:

• In 2013, RD 137 had 71 percent more reported crimes than the average number of reported crimes as determined from all crime reporting districts in Ventura.

• In 2014, RD 137 had 124 percent more reported crimes than the average number of reported crimes as determined from all crime reporting districts in Ventura.

• In 2015, RD 137 had 102 percent more reported crimes than the average number of reported crimes as determined from all crime reporting districts in Ventura.

Reporting District 137 is comprised of residential and commercial uses. The majority of the calls for service are thefts, municipal code violations, child abuse, domestic violence, forgery, subject disturbing, juvenile problems, suspicious circumstances and vandalism. Approximately 30% of the calls for service in reporting district 137 come from the Central Shopping Center where Grocery Outlet is located. This shopping center is home to 14 retail stores (Miracle Ear, Elegant Nail Spa, M. Wallace, DDS and Dr. Amber Neft, DDS, Cig Store, Magic Touch Salon, Paramount Cleaners, The

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Medicine Shoppe, Ace Cash Express, JN Liquor, The Goodwill Store, Just 4 Kicks Family Martial Arts Center, EZ Street Hair Salon, Kilai Relaxing Massage, The UPS Store), and 5 restaurants (Subway, New Panda, Tony's Burrito Hut, Domino's Pizza, and Sun Village Donuts). The shopping center (as with many other shopping centers in Ventura) draws a vagrant population that loiters, panhandles and trespasses. The shopping center has on-site security personnel to deal with the disturbances, which primarily happen in the parking lot of the center. The security personnel are proactive and call on the police department for assistance, thus resulting in the large number of calls for service. There have not been any significant calls for service at 9372 Telephone Road, itself. During, Ralph's closure the same amount of Police calls remained in the shopping center, which indicates the alcohol sales at the former Ralph's was not a contributing factor to the calls for service at the shopping center. It is not anticipated that Grocery Outlet will encourage more calls for service either. Although the Grocery Outlet Inc. Market is located in a reporting district that has a high crime rate, those incidents are not associated with the proposed premise.

According to the Police Department, there would be two (2) licensed alcohol establishments in RD 137, that sell or serve alcohol, including the proposed Grocery Outlet Inc. Market. The proposed store operation will not result in a net increase of alcohol establishments within Ventura since Grocery Outlet Inc. Market will be replacing the Ralph's Grocery alcohol license with a new license. The other license in RD 137 is also off-sales licensed establishment (liquor store):

JN Liquor, Type 21 (Off-sale General); 9356 Telephone Road

There are no additional businesses that conduct alcohol sales within a 300 foot radius of the Central Shopping Center property, see map (Attachment C).

Grocery Outlet Inc. Market is a full service grocery store offering frozen foods, deli items, vitamins, health and beauty items and housewares. Per the company, alcohol sales make up approximately four percent of the business.

According to their operational plan, Grocery Outlet Inc. is committed to providing a clean store, free from litter and graffiti. Their employees will be trained in responsible beverage service training. The company will promptly deal with loitering and other nuisance conditions. The company was founded in 1946 and is a family run business with the stores being independently operated by locally based families.

Their business plan further indicates, "In a typical Grocery Outlet, the sale of beer, wine and spirits is 4% of total sales volume. The area dedicated to alcohol sales is within the cashier's line of sight while being located at a point far from the front doors to deter 'grab and go' theft by underage customers." As shown in the Figure below, the customer service area for alcohol sales would be approximately 983 square feet, which is 4.5% of the Grocery Outlet Inc. Market and would consist of alcohol displays (two cold storage coolers and two gondolas with beer and wine).

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Figure No. 1: Grocery Outlet Inc. Floor Plan with Alcohol Service Area in Yellow

Alcohol percentage to the total leased area: 4%

Grocery Outlet Inc. Market will fill a void in the Central Shopping Center left by the closure of Ralph's. Grocery Outlet Inc. Market will have operating and alcohol sale hours of 7:00 AM to 10:00 PM daily and accordingly. A copy of the applicant's project description is provided as Attachment D.

Grocery Outlet Inc. Market will not contribute to an undue concentration of alcohol establishments in the area since the store will be replacing a sold alcohol license and will be offering a public convenience as further detailed in the accompanying Resolution (Attachment E).

Ventura Police Department Conditions

As part of project review for the Grocery Outlet Inc. Market operation, staff, working with the Ventura Police Department, recommends operational conditions that are based upon the applicant's Operations and Training Plan to ensure the establishment will be compatible with the surrounding uses. Recommended operational conditions of approval are included in the draft Resolution (Attachment E).

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Standard Alcohol Use Permit Conditions

1. Sales and service of alcoholic beverages shall be permitted only between the hours of 7:00 AM and 10:00 PM each day of the week.

2. The sale and consumption of alcoholic beverages on any property adjacent to the licensed premise under the control of the licensee is prohibited.

3. Advertising of alcoholic beverages visible to the outside of the establishment, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages, shall be limited to two signs. The permanent signage of the business name is not considered as an advertisement under this condition.

4. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within forty-eight (48) hours of being applied.

5. The licensee shall be responsible for maintaining the premises or areas adjacent to the premises over which he or she has control, free of litter.

6. The licensee shall post a prominent sign or signs stating, "Valid ID is required to purchase alcoholic beverages" and "No person under 21 will be sold alcoholic beverages".

7. The licensee shall have readily identifiable personnel to monitor and control the behavior of customers in and around the premises.

8. The licensee shall regularly police the area under the licensee's control in an effort to prevent the loitering of persons about the premises.

9. All employees must be certified in a Responsible Beverage Service Training Course within 90 days of employment.

10. The licensee shall post a permanent and prominent sign(s) indicating, "NO LOITERING IS ALLOWED ON OR IN FRONT OF THESE PREMISES." The sign(s) shall be posted in a place that is clearly visible to patrons of the licensee.

11. No public payphone shall be allowed on the interior or exterior of the premises.

12. The parking lot and adjacent areas of the premises under reasonable control of the licensee (including rear of business) shall be equipped with lighting of sufficient power to illuminate and make easily discernable the appearance and conduct of all persons in or about the area.

13. A copy of these conditions must be maintained on the premises and made available upon demand of any peace officer at all times.

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14. Upon any individual transfer (person to person) of the subject Alcoholic Beverage Control License, the City reserves the right to review the existing CUP and apply or remove conditions as appropriate to mitigate existing or potential problems.

15. Security cameras shall be installed to monitor the premises and be positioned to monitor at minimum the entry/exit, all points of sale, and the areas immediately surrounding the exterior of the business. The camera system shall comply with the following minimum standards:

a. The cameras shall be color cameras, made by a reputable manufacturer and maintained to current industry standards. They shall have low light capability and be capable of identifying persons conducting transactions at the store's registers or entering/exiting the business.

b. The system shall utilize a Digital Video Recorder (DVR). The use of videocassette recorders (VHS and other formats) is prohibited. The DVR shall allow recording, live viewing and playback or recorded video for a period of at least 30 days. DVR shall perform all recording, viewing (local and remote), playback (local and remote), queries, and backup functions simultaneously, with no interruption of any other function.

The Use Permit would be appropriately conditioned in order to minimize impacts upon the general public and adjacent uses. A representative from the Police Department will be present at the Planning Commission meeting to answer questions.

CALIFORNIA ENVIRONMENTAL QUALITY ACT

The proposed project is Categorically Exempt from the prov1s1ons of the California Environmental Quality Act (CEQA), under Section 15301 (Class 1, Existing Facilities) of the CEQA Guidelines because it consists of permitting or minor alteration of an existing private structure, involving negligible or no expansion of use beyond that existing at the present time.

STAFF RECOMMENDATION

Staff recommends the Planning Commission approve the requested Use Permit, based on the findings and subject to the conditions contained in the attached draft Planning Commission Resolution (Attachment E).

FUTURE CITY ACTIONS

• City Council "Call for Review" Notification

ATTACHMENTS A. Site Information & Context B. Planning Commission approved Resolution No. 4262

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C. Map of Surrounding Alcohol Establishments D. Applicant's Project Description E. Draft Planning Commission Resolution

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Attachment A Site Information & Context

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Parcel:

134-0-040-315 Property Owner:

9300 TELEPHONE ROAD LLC

910 BROADWAY #110

SANTA MONICA CA 90401

Site Address:

9276 TELEPHONE RD Year Built: Sq.Ft.Land: Acres:

1977 247,856 5.690 Improvement Value:

3,373,176

180 360 ~~::s: THIS RE PORT IS BASED Ofl DATA COMPILED FROM A NUMBER OF SOURCES l!ICLUDIIIG PARCEL DATA SUPPLIED BY THE COUIITY ASSESSOR AIID SEVERAL TABLES MAIIITAIIIED OU THE CITYOF VEIITURA·s LEGACYCOIJPUTER SYSTEM.

FEET ALL DATA IS SUBJECT TO CHAii GE AT AIIYTl!JE AIID IS OIILY AS CURREHT AS THE SYSTEIJS FROIJ WHICH IT CAldE.

Attachment A

Site Information & Context

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Attachment A

Site Information & Context

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Attachment B Planning Commission Approved Resolution 4262

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• PLANNING COMMISSION RESOLUTION NO. 4262

GRANTING A CONDITIONAL USE PERMIT

CASE NO. CUP-1;99

BE JT RESOLVED by the Planning Commission of the City of San Buenaventm~a as follows:

SECTION 1: An application has been filed for a Conditional Use Permit pursuant to the San Buenaventura Ordinance Code for property located in the C-1A Zone and more particularly described as a portion of Lots 88 and 89 of the Rancho Santa Paula y Saticoy located at the southwesterly corner of the intersection of Telephone Road and Petit Avenue.

SECTION 2: All proceedings having been duly taken, as rnquired by law, the Commission finds that the requirements of the San Buenaventura Ordinance Code have been satisfied by reason of the following facts:

The proposed use is desirable to the pub! ic convenience and welfare and will be in ha1~mony with the various elements and objectives of the zonin~J n1gula­tions of Division 8 of the San Buenaventura Ordinance Code. The propos:.:-:! use would not be detrimental to the health 1 morals, and generaf welfare of the public and would not impair the integrity and character of the development in the immediate neighborhood.

SECTION 3: A Conditional Use Permit is gnmtcd to use the descdbed property for neighborhood shopping center subject to the following conditions:

1. That this permit is granted for the [and as described in the application and any attachments thereto, ·and as shown on the plot plan submitted, labeled Exhibit 11A".

2. That all buildings, fences, signs, roadways, parking areas, and other facilities or features sha1 I be located and maintained substantially as shown on ~he plot plan labeled Exhibit "A", except or unless indicated otherwise herein.

3. That compliance with and execution of all conditions listed hereon shall be necessary prior to obtaining final building inspection clearance and/or prior to obtaining any occupancy clearance. Deviation from this requirement shall be permitted only by w-ritten consent of the Director of Community Development.

4. That prior to obtaining a building permit and within 30 days hereof, the applicant shal I file with the Secretary of the Pfanning Commission written acceptance of the conditions stated herein on forms provided by the Planning Division.

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• •• 5. That any minor changes may be approved by the Director of Community

Development subject to Planning Commission Resolution No. 1891. Any substantial change will require the filing of an Application for Amendment to be considered by the Planning Commission.

· 6. That all requirements of any Ja~, ordinance, or regulation of the State, City of San Buenaventura, and any othc1A governmental entity shal I be complied with. · ·

7. This approval is subj~ct to the applicant paying all foes·nnd assessments to the City of San Buenaventura as required by Ordinance.

8. That a 11 utility focil ities shall be placed underground in ·accordance with the City Ordinance Code.

9. · That all landscape areas adjacent to parking areas shall be enclosed by a raised concr-ete curb or low wall. All planters adjacent to the stt-eet right-of-way shal I be constt·ucted with weep holes as pe1- specifications of the City Engineer's Office.

10. That' no signs of any type am approved as a part of this action.

11. All building construction shall be designed in accordance with the C ity•s currently adopted Uniform Building Code, National Electrical Code, Uniform Plumbing and Mechanical Codes and appropriate sections of the San Buenaventura Ordinance Code.

12. Complete architectural plans and apprnpriate engineering calculalions · shall be prepared by a State I icensed architect or engineer and submitted to the Division of Building and Safety for plan check and plan approval.

13. .Prior to beginning construction, appropriate building, elef,trical, plumbing and mechanical permits shall be secured from the Division of Building and Safety.

14. All buildings shall be equipped with an approved photo-electric ultra­sonic or othet· intrusion· detection devices, or shall be secw·ed against burglary as provided in Section 3622 through 3631 of the San Buenaventura Ordinance Code.

15. AH construction re[ating to .access to pub I ic accommodations for the physica lry handicapped shal[ be in accordance.with the requirements of the California Health and Safety Code Section '199.55, et. seq. and the current Uniform · Building Code~ · ·

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•• . .

SECTION 4: This Conditional Use Permit shall be void if the applicant fails to comply with the conditions het·eof. ·

PASSED AND ADOPTED this 28th day of September, 1976.

. ~cu/;{il!{~

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Acting Secretary, Karl F. Briem

City of Ventura Res. No. 4262

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Attachment C Map of Surrounding Alcohol Establishments

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1. Circle K Stores, Inc. - Type 20

(Off-Sale Beer and Wine)

2. Alpha Beta Company - Type 21 (Off-Sale

General, Surrendered) SUBJECT SITE

3. JN Liquor -Type

21 (Off-Sale General)

Attachment C

Map of Surrounding Alcohol Establishments

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Attachment D Applicant's Project Description

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GRpCERYOUTLET -i:,a.r'3a.iVl markef

Operations Statement/Training Plan - 2/22/17 Store Address: 9372 Telephone Road, Ventura, CA

Proposed Use

Finding of public convenience or necessity and permit to sell alcoholic beverages for off-site consumption (ABC Type 20 License) within an approximately 21,491 square foot grocery store.

Background

Grocery Outlet offers fantastic bargains and deals on a variety of products including grocery, frozen foods, deli items, vitamins, health and beauty items, housewares, gift items and much, much more. Brand names for less is the name of the game and smart shoppers get incredible savings over regular store prices every day when they shop Grocery Outlet. Grocery Outlet gets products by searching the nation's major manufacturers for amazing one-time buys resulting from excess production, packaging/design changes, and special promotions. Grocery Outlet's assortment of product changes frequently because of the nature of the one-time buys.

As such, Grocery Outlet stores are "destination stores". Although the alcohol sales are only about four percent of the business, the customers desire the convenience of being able to purchase beer, wine and spirits together with the typical grocery items. This convenience is imperative to Grocery Outlet's ability to serve and attract customers. Moreover, Grocery Outlet believes that offering a full assortment is beneficial to the neighborhood and city. As a destination store, Grocery Outlet typically has customers who shop from other cities. A full product offering maximizes sales tax revenue for the City.

Grocery Outlet owns over 100 stores in California with off sale (type 20 and 21) alcohol licenses: Operators and their employees of all locations are careful to make sure the store is always clean, neat and free from debris. Grocery Outlet has had no significant issues raised by local law enforcement agencies with respect to alcoholic products or public disturbances. Grocery Outlet has a history of service to the California community and will continue to operate in a conscientious and thoughtful way with sensitivity to any possible detriment to adjacent residents and businesses. Grocery Outlet is fully aware of the unique responsibilities of operating a store associated with alcoholic beverage sales.

The store will be open no earlier than 7:00AM and no later than 10:00PM 7 days a week. Grocery Outlet expects the store will be staffed with approximately 35-40 employees.

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Attachment E Draft Planning Commission Resolution

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CITY OF SAN BUENAVENTURA

PLANNING COMMISSION RESOLUTION NO. CD-2017-__ APPROVING AN ALCOHOL USE PERMIT FOR 9372 TELEPHONE ROAD (GROCERY OUTLET)

PROJECT NO. 11369 CASE NO.: UP-2-17-39303

WHEREAS, an application has been filed by Grocery Outlet Inc., pursuant to San Buenaventura Municipal Code ("SBMC") Chapter 24.460, for an Alcohol Use Permit (Type 21 license - Off-sale General) that permits the sale of beer, wine and spirits for Grocery Outlet. Alcohol sale hours would coincide with daily operating hours, which would be from 7:00 AM to 10:00 PM. The applicant proposes to occupy an existing and renovated 21,491 square foot tenant space within a 63,280 square foot commercial center on a 247,856square foot (5.69 acre) parcel with access to 86 of the center's 230 parking spaces. The customer service area for alcohol sales would total approximately 983 square feet within the building. The building is located at 9372 Telephone Road within the Intermediate Commercial (C-1A) zone and has a designated land use of Commerce. The project site is described as Parcel 9 of Parcel Map Number LD-884, as shown on sheet 3 of 5, in Book 65, Pages 56-60 in the City of San Buenaventura, County of Ventura, State of California, and commonly referred to as Assessor's Parcel Number 134-0-040-315.

BE IT RESOLVED by the Planning Commission of the City of San Buenaventura, as follows:

SECTION 1: All proceedings having been duly taken as required by law, and upon review of the information provided, consideration of the testimony given at the public hearing, as well as other pertinent information, the Planning Commission finds as follows:

Use Permit

1. 'The proposed use conforms to the general plan and is consistent with the purposes and requirements of this zoning ordinance." SBMC Section 24.520.070(1).

The site of the proposed alcoholic beverage establishment is located on property designated as Commerce in the land use element of the General Plan, and is located in the Intermediate Commercial (C-1A) zone, which allows Food and Beverage Retail Sales by right (SBMC Section 24.234.020) and allows "Shopping Center: Large" and the proposed Type 21 license (Off-sale General) uses subject to a Use Permit (SBMC Section 24.234.030 and Chapter 24.460 ["Alcoholic Beverage Establishments - Use Permits"], respectively). According to the General Plan, the Commerce land use designation "encourages a wide range of building types of anywhere from two to six

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stories (depending on neighborhood characteristics) that house a mix of functions, including commercial, entertainment, office, and housing. The proposed Grocery Outlet Inc. Market would occupy an existing retail space vacated by Ralphs Market within the existing Central Shopping Center. This similar commercial use is in conformance with the General Plan designation of Commerce.

2. ''The proposed use will be served by adequate water, sewer, public utilities and services, and by adequate vehicular and pedestrian access to insure that the proposed use will not be detrimental to the public health, safety, and welfare." SBMC Section 24. 520. 070(2).

The building that the Grocery Outlet Inc. Market is to occupy was used as a large retail market space by a Ralph's Market from 1965 to 2016. As such, the site is currently connected to the City's sewer and water systems, as well as the necessary public utilities that exist in the area. Based on the plans submitted, staff has confirmed the project will continue to be served by adequate water, sewer, public utilities and services.

The shopping center has a Legal Non-Conforming parking space count of 230. Of the 230 parking spaces, the tenant's 86 available parking spaces, immediately to the north of the renovated retail space, equals the 86 required parking spaces. This analysis is based on the 21,491 square foot tenant space, which requires one parking space for each 250 square feet of gross floor area for a total of 86 parking spaces (Section 24.234.120). Vehicular access to the site includes three Central Shopping Center entrances: two from Telephone Road (east bound) and one from Petit Avenue (south bound). Further, the Public Works Department has confirmed adequate and safe and vehicular access exists to and from the project site and ensures that the establishment will not be detrimental to the public health safety and welfare in this regard. Pedestrian access to the site includes an Americans with Disabilities Act (ADA) compliant pavement along the frontages of the Shopping Center buildings and sidewalks on Telephone Road and Petit Avenue.

3. "Buildings or structures occupied by or otherwise related to, the proposed use will be compatible with the scale, mass, bulk, and orientation of the buildings and structures in the surrounding vicinity." SBMC Section 24.520.070(3).

The proposed project would occupy an existing and renovated 21,491 square foot tenant space within a 63,280 square foot commercial center on a 247,856 square foot (5.69 acre) parcel with access to of the center's 230 parking spaces. The existing one­story building is compatible in terms of scale, mass, bulk, and orientation with other tenant spaces in the shopping center and buildings in the project vicinity and along Telephone Road and Petit Avenue, as described below.

The structure is one of a series of inline stores within the Central Shopping Center, that are similar in scale, bulk and orientation. Other commercial uses in the Central

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Shopping Center include Retail Sales, Offices, and Dining Establishments, such as and the Goodwill, The UPS Store,, Domino's Pizza, JN Liquors, and New Panda. The proposed remodeled structure would retain the one-story massing along the side and rear property lines and occupy the same footprint as the previous tenant (Ralph's Market). The inline stores would maintain their same orientation towards a central parking lot. No exterior building improvements are proposed that would add height or bulk to the existing building or modify the orientation. A 3-story multi-family building is located to the west of the shopping center along Telephone Road, and other large, one­story commercial uses exist on the northeast and northwest corner of Telephone Road and include Auto Zone and Tasty Panda Restaurant. A two-story garden apartment complex is located to the south of the project site. Thus, the project site fits with the profile of other buildings in the vicinity.

4. "The proposed use is compatible with, and will not adversely affect or be materially detrimental to, uses, buildings, or structures in, or the general character of, the surrounding vicinity, or otherwise be inconsistent with the public health, safety, or welfare, due to hours of operation, generation of pedestrian or vehicle traffic, lighting, noise, vibration, odor, security, or other factors." SBMC Section 24.520.070(4).

The proposed Food and Beverage Retail Sales use with alcoholic beverage sales is not anticipated to adversely impact or be detrimental to surrounding uses and buildings in the vicinity because Condition No. 2 requires that the tenant space and other facilities or features associated with the project be located and maintained substantially as shown on the plot plan. The project does not propose any alterations to the building.

Hours of operation, pedestrian and vehicle traffic generation, lighting, noise, vibration, odor, security or other factors associated with the proposed establishment are consistent with the surrounding commercial character and diverse uses along Telephone Road and within the Central Shopping Center. Nearby tenants provide goods and services in a variety of categories such as "Food and Dining" and "Retail Shopping." This shopping center is home to 14 retail stores (Miracle Ear, Elegant Nail Spa, M. Wallace, DDS and Dr. Amber Neft, DDS, Cig Store, Magic Touch Salon, Paramount Cleaners, The Medicine Shoppe, Ace Cash Express, JN Liquor, The Goodwill Store, Just 4 Kicks Family Martial Arts Center, EZ Street Hair Salon, Kilai Relaxing Massage, The UPS Store), and 5 restaurants (Subway, New Panda, Tony's Burrito Hut, Domino's Pizza, and Sun Village Donuts). Other commercial uses in the vicinity are detailed above, in Finding No. 3.

The proposed conditions of approval, generally, ensure that the operational aspects of the establishment remain consistent with the public health, safety, and welfare. In addition, use permit Condition Numbers 11 to 25, below, are required to ensure continued compatibility with neighboring properties. For instance, to ensure compatibility with adjacent residential properties to the northeast, alcohol sale hours are limited to business hours between 7:00 AM and 10:00 PM daily and no consumption of alcohol is

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allowed on the adjoining properties under control of the licensee (Condition Nos. 11 and 12) in order to discourage late night loitering or consumption of alcohol in the vicinity of the store.

The proposed operational plan has been reviewed and accepted by the Ventura Police Department and has been created with safeguards, such as employee training, alcoholic beverage sales limitations, property upkeep, and security measures that are intended to minimize detrimental effects to neighboring uses.

Alcohol Use Permit

5. 'The proposed alcoholic beverage establishment is located in a zoning district in which the establishment is a permitted use." SBMC Section 24.460.240(1).

The site of the proposed alcoholic beverage establishment is located in the Intermediate Commercial (C-1A) zone, which allows Food and Beverage Retail Sales by right (SBMC Section 24.242.020) and does allow the proposed Type 21 license (Off-sale General) use subject to a Use Permit pursuant to SSMC Chapter 24.460 ("Alcoholic Beverage Establishments - Use Permits").

6. "The proposed establishment will not contribute to an undue concentration of alcohol establishments in the area." SBMC Section 24.460.240(2).

The site of the proposed grocery store with alcoholic beverage sales is within an area of the City where there is an "undue concentration" of alcoholic beverage establishments within the meaning of section 23958.4(a)(1) of the Business and Professions Code. As stated in Finding Number 9, the site of the proposed alcoholic beverage establishment is in a crime reporting district that has a 102 percent greater number of reported crimes than the average number of reported crimes for 2015 as determined from all crime reporting districts (RD) within the jurisdiction of the local law enforcement agency. However, for the following reasons, the City may issue a conditional use permit for the proposed establishment.

According to the Police Department, there would be two (2) licensed alcohol establishments in RD 137 that sell or serve alcohol, including the proposed Grocery Outlet. Grocery Outlet anticipated engaging in a license transfer with Ralph's, but the Ralph's company chose not to sell their alcohol license. The proposed Grocery Outlet operation will not result in a net increase of alcohol establishments within Ventura since Grocery Outlet Inc. Market will be replacing the Ralph's Grocery alcohol license with a new license. license. The other license in RD 137 and within a 300 foot radius of the property is JN Liquor, which is located in the Central Shopping Center.

The Grocery Outlet Inc. Market will be offering a public convenience by catering to local residents who want a full service grocery store that specializes in offering a range of

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products. The Grocery Outlet Inc. Market would operate under a Type 21 license, which authorizes the sale of beer, wine and spirits for consumption off the premises where sold. Minors would be allowed on the premises. The Grocery Outlet Inc. Market is a full service grocery store offering frozen foods, deli items, vitamins, health and beauty items and housewares.

According to the operational plan, Grocery Outlet Inc. is committed to providing a clean store, free from litter and graffiti. Their employees will be trained in responsible beverage service training. The company will promptly deal with loitering and other nuisance conditions. The company was founded in 1946 and is a family run business with the stores being independently operated by locally based families.

Their business plan further indicates, " ... in a typical Grocery Outlet Inc. Market, the sale of beer and wine is less than 4% of total sales volume. The customer service area for alcohol sales at this location would be approximately 982.52 square feet. Only 4.5% of this Grocery Outlet Market consists of alcohol displays (two cold storage coolers and two gondolas with beer and wine).The area dedicated to alcohol sales is located away from the front doors to deter "grab and go" theft by underage customers."

Grocery Outlet Inc. Market will fill a void in the Central Shopping Center left by the closure of Ralph's. Grocery Outlet Inc. Market will have operating and alcohol sale hours of 7:00 AM to 10:00 PM daily.

Further, the conditions of approval regulating the operations have been crafted in coordination with the Police Department and should limit both the establishment's impacts on the neighborhood and any cumulative impacts of such establishments, and thus ensure that the proposed use will not contribute to the overconcentration of alcoholic beverage establishments.

7. "The proposed establishment will not detrimentally affect nearby neighborhoods considering the distance of the alcohol establishment to residential buildings, churches, schools, hospitals, playgrounds, parks, and other existing alcohol establishments." SBMC Section 24.460.240(3).

The proposed establishment will not detrimentally affect nearby neighborhoods because it is within a Neighborhood Center, an established commercial corridor, and is sufficiently far from churches, schools, hospitals, playgrounds, parks, and other existing alcohol establishments that it is not anticipated to result in unreasonable secondary effects to those uses. Further, the proposed establishment has been adequately conditioned through this Use Permit and the required operational plan to minimize the impacts to the surrounding area.

The following table provides the distances to nearby uses within 300 feet of the proposed alcoholic beverage establishment:

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Land Use

Single-Family

Duplex Multi-Family

JN Liquor, Type 21 (Off-sale - Beer, Wine and Spirits), 9356 Telephone Road

Direction & Distance from Proposed Alcoholic Beverage Establishment Site:

North: 115 feet (parcel line to parcel line); 405-feet (building to building)

East: 125 feet (parcel line to parcel line); 490-feet (building to building)

South or West: None North, South, East, or West: None West: 0 feet (parcel line to parcel line); 230-feet (building to building)

South: 0 feet (parcel line to parcel line); 146-feet (building to building)

South or West: None

West: 0 feet; immediately adjacent

Based on the foregoing information, the proposed off-site sale of beer, wine and spirits (ABC License Type 21) would not detrimentally affect nearby neighborhoods or sensitive uses because it is within an established shopping center and is oriented toward Telephone Road, an established commercial corridor and there is only one other similar off-site sale of alcohol uses located within 300 feet of the project site. The proposed operational plan has been reviewed and approved by the Police Department and has been created with safeguards, such as hours of operation, employee training, alcoholic beverage sales limitations, property upkeep, and security measures that would

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minimize detrimental effects to residences within and just beyond the 300 foot area described in the table above. Further, conditions of approval, including abiding by the operational plan, are proposed to ensure that less than significant detrimental effects will occur.

8. 'The proposed establishment will otherwise be compatible with existing and potential uses within the general area." SBMC Section 24.460.240(4).

The site of the proposed alcoholic beverage establishment is located in the Intermediate Commercial (C-1A) zone, which allows Food and Beverage Retail Sales by right (SBMC Section 24.234.020) and the proposed use is compatible with other uses in the immediate vicinity. Existing uses in the general area around the site of the proposed alcoholic beverage use include those set forth in the table in Finding Number 7 above. The proposed establishment will be compatible with existing and potential uses within the general area because the Intermediate Commercial (C-1 A) zone allows a number commercial uses by right, such as Community Meeting, Dining Establishments, Recreation Services and Retail Sales, which are reflected in the mix of businesses within and in the vicinity of the Central Shopping Center. The shopping center is home to This shopping center is home to 14 retail stores (Miracle Ear, Elegant Nail Spa, M. Wallace, DDS and Dr. Amber Neft, DDS, Cig Store, Magic Touch Salon, Paramount Cleaners, The Medicine Shoppe, Ace Cash Express, JN Liquor, The Goodwill Store, Just 4 Kicks Family Martial Arts Center, EZ Street Hair Salon, Kilai Relaxing Massage, The UPS Store), and 5 restaurants (Subway, New Panda, Tony's Burrito Hut, Domino's Pizza, and Sun Village Donuts). Other businesses in the vicinity are Chevron, Auto Zone, Bank of America, and Tasty Panda.

9. 'The proposed establishment is not located in what has been determined to be a high­crime area, or where a disproportionate number of police service calls occur." SBMC Section 24.460.240(5).

The site of the proposed alcoholic beverage establishment is in a high crime area of the City, and in an area where a disproportionate number of police service calls occur. However, for the following reasons, it is not anticipated that the proposed establishment will significantly add to the crime rate of the area or contribute to a disproportionate number of police service calls.

According to recent crime statistics by the Ventura Police Department, Grocery Outlet is located in reporting district (RD) 137. The Ventura Police Department has provided the following crime statistics for RD 137. In 2013, RD 137 had 71 percent more reported crimes than the average number of reported crimes as determined from all crime reporting districts in Ventura. In 2014, RD 137 had 124 percent more reported crimes than the average number of reported crimes as determined from all crime reporting districts in Ventura. In 2015, RD 137 had 102 percent more reported crimes than the

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average number of reported crimes as determined from all crime reporting districts in Ventura.

Reporting District 137 is comprised of residential and commercial uses. The majority of the calls for service are thefts, municipal code violations, child abuse, domestic violence, forgery, subject disturbing, juvenile problems, suspicious circumstances and vandalism. Approximately 30% of the calls for service in reporting district 137 come from the Central Shopping Center where the Grocery Outlet Inc. Market is located. This shopping center is home to 14 retail stores (Miracle Ear, Elegant Nail Spa, M. Wallace, DDS and Dr. Amber Neft, DDS, Cig Store, Magic Touch Salon, Paramount Cleaners, The Medicine Shoppe, Ace Cash Express, JN Liquor, The Goodwill Store, Just 4 Kicks Family Martial Arts Center, EZ Street Hair Salon, Kilai Relaxing Massage, The UPS Store), and 5 restaurants (Subway, New Panda, Tony's Burrito Hut, Domino's Pizza, and Sun Village Donuts).The shopping center (as with many other shopping centers in Ventura) draws a vagrant population that loiters, panhandles and trespasses. The shopping center has on site security personnel to deal with the disturbances, which primarily happen in the parking lot of the center. The security personnel are proactive and call on the police department for assistance, thus resulting in the large number of calls for service. There have not been any significant calls for service at 9372 Telephone Road, itself. Even during Ralph's closure the same amount of activity remained in the shopping center, which indicates the alcohol sales at the former Ralph's was not a contributing factor to the calls for service at the shopping center. It is not anticipated that Grocery Outlet will encourage more calls for service either. Although the Grocery Outlet Inc. Market is located in a reporting district that has a high crime rate, those incidents are not associated with the proposed premise.

The Grocery Outlet Inc. Market will operate and be permitted to have alcohol sales between the hours of 7:00 AM and 10:00 PM daily. Ralph's operated 7:00 AM to midnight, therefore Grocery Outlet's proposes a reduction in hours. The proposed Grocery Outlet Inc. Market will "improve the security and lighting, of the location, without being open so late it is disruptive to the residents."

Even though the proposed project is located within a high crime area, the alcoholic beverage use serves a public convenience as described above in Finding No. 6. Furthermore, the conditions of approval regulating the operations will limit the establishment's impacts on the neighborhood, will further limit any cumulative impacts of such establishments, and thus ensure that the proposed use will not contribute significantly to the crime rate or demand for police services.

SECTION 2: California Environmental Quality Act

10. The proposed project is Categorically Exempt from the prov1s1ons of the California Environmental Quality Act (CEQA), under Section 15301 (Class 1, Existing Facilities) of the CEQA Guidelines because it consists of permitting or minor alteration of an existing

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private structure, involving negligible or no expansion of use beyond that existing at the present time.

SECTION 3: Based on the above findings, Use Permit Case Number UP-2-17-39303 is HEREBY APPROVED, subject to the following conditions:

Standard Alcohol Use Permit Conditions

1. This approval is granted for off-site sales of beer, wine and spirits (State ABC License Type 21) for an alcohol beverage establishment on the site (APN: 134-0-040-315) as described in the application and any attachments thereto, and as shown on the Exhibits "A through B" project Plans labeled Case Number UP-2-17-39303 dated August 9, 2017, and the Operational Plan labeled Case Number UP-2-17-39303 Exhibit "C" dated August 9, 2017, attached hereto and incorporated herein.

2. The tenant space and other facilities or features associated with the alcohol beverage establishment shall be located and maintained substantially as shown on Exhibit "A" Project Plans labeled Case Number UP-2-17-39303, dated August 9, 2017, attached hereto and incorporated herein.

3. Prior to obtaining the new State ABC license and/or within 15 days hereof, the applicant and property owner shall file with the Community Development Department written acknowledgment of the conditions stated herein on forms provided by the Planning Division, and all public notices posted onsite are to be removed.

4. Unless the use is inaugurated no later than 12 months after this approval is granted and is diligently pursued thereafter, this approval will be subject to revocation pursuant to Chapter 24.570 of the City's Municipal Code. However, if the approved project remains unchanged (except as allowed under Zoning Ordinance Chapter 24.570), the Community Development Director may grant one additional 12-month extension of time for the use permit, provided the initial 12-month period has not already expired.

5. If an employee/manager/owner of Grocery Outlet sells, furnishes, gives or causes to be sold, furnished, or given away any alcoholic beverage to any person under the age of 21, the City of San Buenaventura will suspend this alcohol use permit for a period of 1 O days for the first offense, and 20 days for a second offense, and will initiate revocation proceedings for a third offense within a 3-year period. The Chief of Police or his or her designee will determine the suspension date.

6. All requirements of any law, ordinance, or regulation of the State, City of San Buenaventura, and any other governmental entity shall be complied with, including without limitation, the "Operation Standards and Training Requirements" set forth in Article 4 of Chapter 24.460 of the City's Zoning Ordinance as it may be amended from time to time.

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7. A copy of these conditions must be maintained by the licensee on the premises and made available upon the demand of any peace officer at all times.

8. Approval is subject to the applicant paying all fees and assessments to the City of San Buenaventura as required by the City's zoning regulations and City's fee schedule.

9. The applicant/owner agrees to hold harmless and indemnify, and, at the City's request, defend the City, its officers, officials, employees, agents, and volunteers from and against any and all claims, demands, actions, damages, expenses, suits, accidents, injuries, liability, or proceedings of any character whatsoever (including without limitation, attorney's fees), brought for or on account of, or resulting from or arising out of, or in connection with, any act, negligence, wrongful conduct, or other action by applicant, applicant's employees, agents or representatives, or any of applicant's lessees or subcontractors in connection with the Use Permit.

10. In the event the City determines that it is necessary to take legal action to enforce any of the provisions of these conditions, and such legal action is taken, the applicant shall be required to pay any and all costs of such legal action, including reasonable attorney's fees, incurred by the City, even if the matter is not prosecuted to a final judgment or is amicably resolved, unless the City should otherwise waive said fees or any part thereof. The foregoing shall not apply if the permittee prevails in the enforcement proceeding.

a. This Use Permit is granted for an unlimited period of time, but shall be subject to revocation or reevaluation if the applicant fails to comply with any of the conditions herein at any time. If at any time the Community Development Director, or his or her designee, or the Planning Commission determines that there has been, or may be, a violation of the findings or conditions of this Use Permit, or of the Zoning Ordinance, a public hearing may be held to review the Use Permit. At said hearing, the decision making body may amend or add other conditions, recommend enforcement actions, or revoke the Use Permit entirely, as necessary to ensure compliance with the Zoning Ordinance, and to provide for the health, safety and general welfare of the Community.

b. The Police Chief or his or her designee may immediately suspend operation of the uses approved by this permit pending a hearing on the revocation or reevaluation of this permit if the Chief finds that there have been significant violations of the use permit conditions and/or ABC license, or there is a single serious violent crime or single significant incident to which multiple police units or multiple jurisdictions respond associated with the operation of this use, which the Chief determines is detrimental to the public safety, health, or welfare. The Chief shall immediately inform the Planning Manager of the suspension and the manager shall schedule a hearing on the revocation or reevaluation of the permit to be held no more than thirty (30) days after the suspension begins.

c. If complaints are received regarding excessive noise, parking availability, lighting,

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building access, and the like, associated with the establishment, the City may, at its discretion, take action to review the use permit, including, without limitation, amending conditions or revoking the permit following a hearing conducted as described above.

Alcohol License Type 21 (Off-Sale General) Conditions

11. Sales and service of alcoholic beverages shall be permitted only between the hours of 7:00 AM and 10:00 PM each day of the week.

12. The sale and consumption of alcoholic beverages on any property adjacent to the licensed premise under the control of the licensee is prohibited.

13. Advertising of alcoholic beverages visible to the outside of the establishment, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages, shall be limited to two signs. The permanent signage of the business name is not considered as an advertisement under this condition.

14. Any graffiti painted or marked upon the premises or on any adjacent area under the control of the licensee shall be removed or painted over within forty-eight (48) hours of being applied.

15. The licensee shall be responsible for maintaining the premises or areas adjacent to the premises over which he or she has control, free of litter.

16. The licensee shall post a prominent sign or signs stating, "Valid ID is required to purchase alcoholic beverages" and "No person under 21 will be sold alcoholic beverages".

17. The licensee shall have readily identifiable personnel to monitor and control the behavior of customers in and around the premises.

18. The licensee shall regularly police the area under the licensee's control in an effort to prevent the loitering of persons about the premises.

19. All employees must be certified in a Responsible Beverage Service Training Course within 90 days of employment.

20. The licensee shall post a permanent and prominent sign(s) indicating, "NO LOITERING IS ALLOWED ON OR IN FRONT OF THESE PREMISES." The sign(s) shall be posted in a place that is clearly visible to patrons of the licensee.

21. No public payphone shall be allowed on the interior or exterior of the premises.

22. The parking lot and adjacent areas of the premises under reasonable control of the licensee (including rear of business) shall be equipped with lighting of sufficient power

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to illuminate and make easily discernable the appearance and conduct of all persons in or about the area.

23. A copy of these conditions must be maintained on the premises and made available upon demand of any peace officer at all times.

24. Upon any individual transfer (person to person) of the subject Alcoholic Beverage Control License, the City reserves the right to review the existing CUP and apply or remove conditions as appropriate to mitigate existing or potential problems.

25. Security cameras shall be installed to monitor the premises and be positioned to monitor at minimum the entry/exit, all points of sale, and the areas immediately surrounding the exterior of the business. The camera system shall comply with the following minimum standards:

a. The cameras shall be color cameras, made by a reputable manufacturer and maintained to current industry standards. They shall have low light capability and be capable of identifying persons conducting transactions at the store's registers or entering/exiting the business.

b. The system shall utilize a Digital Video Recorder (DVR). The use of videocassette recorders (VHS and other formats) is prohibited. The DVR shall allow recording, live viewing and playback or recorded video for a period of at least 30 days. DVR shall perform all recording, viewing (local and remote), playback (local and remote), queries, and backup functions simultaneously, with no interruption of any other function.

SECTION 4: This Permit shall be subject to revocation if the applicant/owner fails to comply with the conditions listed herein at any time. If, at any time, the Community Development Director or Planning Commission determines that there has been, or may be a violation of the findings or conditions of this action, or of the Zoning Regulations, a public hearing may be held before the Planning Commission to review this Permit pursuant to Zoning Regulations Chapter 24.570. At said hearing, the Planning Commission may add conditions, or recommend enforcement actions, or revoke the Permit entirely, as necessary to ensure compliance with the Zoning Regulations, and to provide for the health, safety, and general welfare of the community.

PASSED AND ADOPTED this gth day of August 2017.

Dave Ward, Secretary

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APPROVED AS TO FORM: Gregory G. Diaz, City Attorney

Attachments:

Exhibits A through B - Plans Exhibit C - Operational Plan

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EXHIBIT

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IXTURE PLAN

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Training

The store will be operated in strict compliance with the state's Alcohol Beverage Control Act, together with any conditions of the license that may be issued by ABC. Operator's managers, supervisors and employees that are engaged in the sale or supervision of the sale of alcoholic beverages shall complete training programs in accordance with ABC rules and regulations and the City of Ventura requirements. Training programs shall meet the standards of the California Coordinating Council on Responsible Beverage Service (CCC/RBS) or other certifying/licensing body designated by the State of California.

Operator's register clerks will be trained in proper alcoholic beverage sales rules, including use of point of sale required identification age verification. All of the clerks will have read and signed the Alcoholic Beverage Control's Clerk's Affidavit. These affidavits will be kept on file by the store operator.

Security

Grocery Outlet will install a minimum 16 camera system which has a view of all parts of the store, especially the alcoholic beverage display area and sales check stands. The video system will have a 30-day retrieval function which can track previous days' activity. Monitors are kept in a locked room at the store and available to managers, key personnel and law enforcement if necessary.

Operation.al Procedures

The store operator will monitor the parking areas and sidewalks to keep these areas free from litter and debris. Trash receptacles will be provided near the store entrance and will be emptied daily. Graffiti to the exterior building shall be removed expeditiously.

The store operator understands how to handle loitering and other nuisance conditions. Operators will call the police in a timely manner if necessary.

Signs will be posted at the store as required by ABC and City of Ventura.

EXHIBIT ____ _