Malibu Circle K Owners Want to Sell Alcohol

The city's is scheduled to consider a bid by the owners of the store and gas station on Pacific Coast Highway, off Rambla Pacifico Road, to sell beer and wine. The owners, the Sarraf family, face community opposition to their application for a conditional use permit to sell alcohol, which is to be heard by the commission on Nov. 15.

This will be the second attempt by the Sarraf family to obtain a conditional use permit to sell alcohol. The previous request was made in 2007 when the family received a permit to build the facility. The Planning Commission denied the request at a hearing that included many people speaking in opposition to it, including residents of the condo complex located behind the Circle K.

"It is in the kind of place where you do not want people buying a six-pack of beer and chugging it down while they drive away," said John Sibert, the current mayor who was then on the Planning Commission, at the 2007 hearing.

Joan House is the only current commissioner who was on the panel for that hearing.

The Sarraf family has hired land use consultant  to lead the application process. The firm's president, Don Schmitz, told Malibu Patch that if the permit were approved, his client would "beef up security" with a private patrol that would periodically monitor the property.

"This will prevent people from buying alcohol and walking around or sitting down in the general area," Schmitz said.

Schmitz said he recently met with Barry Glaser, an attorney who lives in the adjacent condo complex and opposes the application. He said Glaser was "very courteous and very polite," although he and several of his neighbors continue to oppose the application.

Attorney Joshua Kaplan wrote an opposition letter to the city last month on behalf of his client Mark Marcellino, who lives in the complex.

"There is quite obviously no demonstrable need for an additional alcohol outlet which can do nothing but have an adverse impact upon the quality of life and public welfare of the residential community which is very proximate to this proposed new location," Kaplan wrote.

In response to the letter, Schmitz said, "It won't have a negative impact. This is an existing facility where people are flowing through the area, and it is actually the least likely location where people would sit around drinking alcohol. It is well-lit. Saying that will happen doesn't pass the blink test." Schmitz also claimed that the Sarrafs' application had supporters.

The family also needs an alcohol license from the California Department of Alcoholic Beverage Control. Schmitz said his client would apply for the license after finishing the city process.

The commission's decision can be appealed to the . A staff report for the commission hearing is expected to be released on Thursday.