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HomeMy WebLinkAboutAGENDA REPORT 1998 1118 CC REG ITEM 10GTO: FROM: DATE: CITY OF MOORPARK AGENDA REPORT Honorable City Council ITEM 10--a G 7t,�, /Oo 05) CITY OF MOORPARK, CALIFORNIA City Council Meeting of ACTION: Wry-) fa"n Off C61endur- BY: _ c� John E. Nowak, Assistant City Manager November 6, 1998 (CC Meeting of 11/18/98) SUBJECT: CONSIDER REVIEW OF EL RODEO CONDITIONAL USE PERMIT. DISCUSSION: Councilman Wozniak requested that an item be placed on this agenda for the City Council to discuss the conditions of CUP 98- pertaining to the EL Rodeo Restaurant. Attached for the Council's review are: Staff report for CUP 98 -2 Resolution No. 98 -1503 Report from Police Department STAFF RECOMMENDATION: That the City Council direct staff as deemed appropriate. Attachments r � RESOLUTION NO. 98 -1503 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA APPROVING CONDITIONAL USE PERMIT NO. 98 -2 (ORTIZ) TO ALLOW ESTABLISHMENT AND OPERATION OF A NIGHTCLUB WHERE LIVE ENTERTAINMENT IS PROVIDED BY A BAND, DANCING MAY TAKE PLACE AND ALCOHOL IS SERVED AT A BAR IN CONJUNCTION WITH AN EXISTING RESTAURANT (EL RODEO RESTAURANT) AT 79, 83 AND 95 E. HIGH ST. (APN 512- 0 -091- 060) WHEREAS, on February 4, 1998, the applicant applied for Conditional Use Permit No. 98 -2 to establish and operate a nightclub where live entertainment is provided by a band and dancing may take place and alcoholic beverages are served at a bar as an expansion of an existing restaurant. On -site consumption of alcoholic beverages is limited to beer and wine, and may be served at the existing bar, or as table service as currently approved for the El Rodeo Restaurant at 79 and 83 E. High Street; and WHEREAS, 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; and WHEREAS, Authority for the approval of Conditional Use Permits for the establishment and operation of a nightclub is granted to the Planning Commission pursuant to Moorpark Municipal Code Section 17.20.060; and WHEREAS, Authority to sell Alcoholic Beverages limited to beer and wine at an eating place may be approved with an Administrative Permit; and WHEREAS, at its meeting of August 19, 1998, the City Council held a duly noticed public hearing to consider the application filed by Javier Hernandez Ortiz, requesting approval of Conditional Use Permit No. 98 -2; and WHEREAS, at its public hearing of August 19, 1998, the City Council, after review and consideration of the information contained in the staff report dated August 7, 1998, and accepting public testimony, directed preparation of a resolution for approval of this application; 000 I Resolution 98 -1503 Page 2 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 this Resolution, accompanying documents and public testimony, the City Council finds that: a. The Conditional Use Permit is consistent with the intent and provisions of the City's General Plan and of the City Zoning Ordinance. b. The Conditional Use Permit is compatible with the character of surrounding development. C. The Conditional Use Permit would not be obnoxious or harmful, or impair the utility of neighboring property or uses. d. The Conditional Use Permit would not be detrimental to the public interest, health, safety, convenience, or welfare. e. The conditionally permitted use is compatible with existing and planned land uses in the general area where the development is to be located. f. The use will not result in an over concentration in the area of establishments selling alcoholic beverages. g. The use will serve a public convenience. h. The use will not create the need for increased police services. i The requested use at the proposed location will not adversely affect the economic welfare of the community; and j. 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 2. The City Council conditionally approves Conditional Use Permit No. 98 -2 for the establishment and operation of a nightclub with live entertainment provided by a band, includin () ®R `L( Resolution 98 -1503 Page 3 dancing, and use of the existing bar Dorticn of El Rodeo Restaurant for the service of beer ana wine on-y. SECTION 3. Approval of Conditional Use Permit No. 98 -2 is hereby approved subject to the following conditions: COMMUNITY DEVELOPMENT DEPARTMENT: 1. Applicant must provide the Community Development Department with a copy of the Alcoholic Beverage Control (ABC) approval prior to the sale or serving of any alcoholic beverages in the expanded area. 2. This Conditional Use Permit is hereby approved only for live entertainment provided by a band and to allow dancing. No other form of live entertainment is allowed without modification of this permit. 3. All conditions of approval of Administrative Permit 97 -22, Zone Clearance 97 -279, 98 -182, and Ordinance 234 apply except as modified by this Resolution. 4. Any violations of the ABC license or problems relating to noise or disturbances resulting from this use may be grounds for the initiation of proceedings for revocation of this Conditional Use Permit. 5. Approval of a Sign Permit is required prior to the installation of any sign. Signs shall be limited to one line of copy. Secondary signage advertising available goods and /or services shall not be allowed. 6. Hours of operation for the restaurant, nightclub, or area of entertainment shall be no earlier than 8:00 am and no later than 12:00 am (midnight). 7. At all times when the restaurant is open for business, the sale and service of alcoholic beverages shall be made only in conjunction with the sale and service of food. No alcoholic beverages shall be served unless food service is also available. 8. The sale of beer, wine or any alcoholic beverage for consumption off the premises is prohibited. Resolution 98 -1503 Page 4 9. Entertainment provided shall not be audible beyond `he area under control of the licensee. 10. There shall be no pool tables or coin - operated games maintained upon the premises at any time except for those that may be approved by separate permit. 11. All exterior doors shall be kept closed at all times during the operation of the premises except in cases of emergency and to permit deliveries. 12. There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages which are clearly visible to the exterior shall constitute a violation of this condition. 13. All windows facing the street shall be clear of obstructions, signs and posters to allow visibility from the street. 14. A minimum of 24 marked parking spaces meeting the size and access criteria specified by Section 17.32 of the Zoning Ordinance shall be continuously available on site for customers of the use or uses involved in or associated with this application. Handicapped spaces, including numbers and appropriate sizing required under the Americans with Disabilities Act (ADA) shall be provided and properly marked and signed and are intended to be part of the total required 24 spaces. 15. The parking lot to the rear of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. 16. Lighting in the parking area of the premises shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the window area of nearby residences. 17. Lighting devices shall be high enough as to prohibit anyone on the ground from tampering with them unless tamper proof fixtures are approved by the Director of Community Development. All exterior lighting devices shall be protected by weather and breakage resistant covers. G® () 3"7a Resolution 93 -1503 Page 5 18. The petitioner shall be responsible for maintaining free of litter the area adjacent to the premises over which he has control. 19. The petitioner shall be responsible for the removal of graffiti from any property on or about the licensed premises, under the control of the licensee, within 48 hours. 20. Petitioners shall regularly police the area under their control in an effort to prevent the loitering of persons about the premises. 21. No pay phone will be maintained on the interior or exterior of the premises. 22. "No loitering" signs shall be posted to the rear of the property and on property adjacent to the licensed premises, under the control of the licensee. Such signs shall measure no less than 7" x 11" and the lettering shall be no less than i" in height. 23. The licensee shall keep the property, adjacent to the licensed premises and under the control of the licensee, clear of newspaper racks, benches, pay telephones, bicycle racks, and any other objects which may encourage loitering. 24. Access to restrooms shall be from the interior of the building only. 25. Pursuant to the California Vehicle Code, section 21107.8: (A) Any city or county may, by ordinance or resolution, find and declare that there are privately owned and maintained off street parking facilities as described in the ordinance or resolution within the city or county that are generally held open for use of the public for purposes of vehicular parking. Upon enactment by a city or county of the ordinance or resolution, Sections 22350, 23103, and 23109 and the provisions of Division 16.5 (commencing with Section 38000) shall apply to privately owned and maintained off street parking facilities, except as provided in subsection (B). (B) Notwithstanding the provisions of subsection (A), no ordinance or resolution enacted thereunder shall apply to any off street parking facility described therein unless the owner o®os. -4 Resolu� ion 98 -1503 Page 6 l o- operator has caused to be posted in a conspicuous place at each entrance to that off street parking facility a notice not less than 17 by 22 inches in size with lettering not less than one inch in height, to the effect that the off street parking facility is subject to public traffic regulations and control. (C) No ordinance or resolution shall be enacted under subsection (A) without a public hearing thereon and 10 days prior written notice to the owner and operator of the privately owned and maintained off street parking facility involved. (D) Section 22507.8 may be enforced without enactment of an ordinance or resolution as required under subdivision (a) or the posting of a notice at each entrance to the off street parking facility as required under subsection (B). (E) The department shall not be required to provide patrol or enforce any provisions of this code on any privately owned and maintained off street parking facility subject to the provisions of this code under this section except those provisions applicable to private property other than by action under this section. 26. After occupancy the applicant shall provide a security guard on -site, if required by the Police Department. 27. The building shall not be occupied by more persons than allowed by the Ventura County Fire Code. 28. The Director of Community Development may declare a development project that is not in compliance. with the conditions of approval or for some other just cause, a "public nuisance. The applicant shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with the conditions of approval or applicable codes. If the applicant fails to pay all City costs related to this action, the City may enact special assessment proceedings against the parcel of land upon which the nuisance existed (Moorpark Municipal Code Section 1.12.080) 29. Landscaping shall be installed in the parking lot behind the building prior to the establishment of the nightclub or 981501 U ®() 37z3a i- Resolution 98 -1503 Page 7 expansion or sale of alcoholic beverages. Applicant shat! install eleven (11) trees of fifteen (15) gallon size, and irrigation lines, in treewells adjacent to the building and property lines. The type and location of trees, and design of the irrigation lines shall be subject to approval of the Director of Community Development. The applicant shall bear the cost of the installation and maintenance of the landscaping and irrigation. The landscaping and irrigation shall be in place and receive final inspection prior to occupancy as determined by the Director of Community Development. 30. The continued maintenance of the landscaping, permit area, and facilities shall be subject to periodic inspection by the City. The permittee shall be required to remedy any defects in ground or building maintenance, as indicated by the Code Enforcement Officer within thirty (30) days after notification. 31. The applicant and successors, heirs, and assigns shall remove any graffiti within five (5) days from written notification by the City of Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the Director of Community Development. 32. Unless the project is inaugurated (tenant improvements completed or substantial work in progress) not later than one (1) year after this permit is granted, this permit shall automatically expire on that date. The Director of Community Development may, at his or her discretion, grant up to one (1) additional one year extension for project inauguration if there have been no changes in the adjacent areas and if applicant can document that he or she has diligently worked towards inauguration of the project during the initial two year period. The request for extension of this entitlement shall be made in writing, at least 30 -days prior to the expiration date of the permit. 33. If any of the conditions or limitations of this permit are held to be invalid by a court of competent jurisdiction, that holding shall not invalidate any of the remaining conditions or limitations set forth. 99.5,3 00®376 Resolution 98 -1503 Page 8 34. No conditions of this entit_ement shall be interpreted as permitting or requiring any vlolation of law or any unlawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply, the stricter ones shall take precedence. 35. Except as may be approved by this permit, no outside storage of any materials shall be permitted at any time. No parking, loading or unloading of any trucks is allowed between 10:00 pm and 6:00 am. Trucks may be parked in designated spaces only for loading and unloading for short periods, only between the hours of 6:00 am and 10:00 pm. 36. No noxious odors shall be generated from any use on the subject site. 37. All uses and activities shall be conducted inside the building(s) unless otherwise authorized by the Director of Community Development or as approved by this Permit Adjustment. 38. Prior to approval of construction plans for plan check or initiation of any construction activity, all required permits from the Building and Safety Department shall be approved. 39. All exterior building materials and paint colors shall match the existing unless substitute materials and colors that meet the requirements of the Downtown Plan are approved by the Community Development Department. 40. All equipment and other noise generation sources on -site shall be attenuated to 55 dBA at the property line, or to the ambient noise level at the property line measured at the time of the occupant request. Prior to the issuance of a zoning clearance for initial occupancy or any subsequent occupancy, the Director of Community Development may request that a noise study be submitted for review and approval which demonstrates that all on -site noise generation sources would be mitigated to the required level. The noise study must be prepared by a licensed acoustical engineer in accordance with accepted engineering standards. 93 i5 3 Resolution 98 -1503 Page 9 41. This development is subject to all applicable regulations of the General Commercial Zone, and all requirements and enactments of Federal, State, Ventura County, the City authorities and any other governmental entities, and all such requirements and enactments shall, by reference, become conditions of this permit. 42. The permittee's acceptance of this permit and /or commencement of construction and/ or operations under this permit shall be deemed to be acceptance of all conditions of this permit. SECTION 4. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED THIS 19 DAY OF AUGUST, 1998. ATTEST: Deborah S. Traffengtl6dt, City Cl 981503 C 003 o' 8 t. ITEM i X • AGENDA REPORT CITE' OF - %IOORPARK, CAlAFORTNIA CITY OF MOORPARK �(;,;l; C�)uncil i'viecting of rec o �,nti+enda �lon TO: The Honorable City Council t � C - r FROM: Nelson Miller, Director of Communit�p Prepared by Wayne Loftus, Planning Manager DATE: August 7, 1998 (CC meeting of 8/19/98) SUBJECT: Consider Conditional Use Permit No. 98 -2 to establish a nightclub with live entertainment provided by a band with dancing and to commence use of an existing bar at the E1 Rodeo Restaurant, located on the north side of High Street between Moorpark Avenue and Walnut Street at 79, 83, and 95 E. High Street. Summary: The Planning Commission on June 22, 1998, denied a request for a Conditional Use Permit to establish and operate a nightclub including dancing and live entertainment provided by a band and for the activation of an existing bar in the El Rodeo restaurant. The nightclub and 300 square foot dance floor together with 16 small tables and seating for 80 persons is proposed for the building formerly occupied by the Simi Valley Bank which is approximately 2,650 square feet in area. The bar which is proposed to be activated is located in the El Rodeo Restaurant at 79 E. High Street and has existed since 1988, originally as part of the Golden Belle Steakhouse, but has not been utilized as part of the E1 Rodeo operation. Alcohol service from the bar was originally authorized through a zone clearance for Golden Belle Steakhouse but the ability to serve alcohol from the bar was lost when the facility was closed for six months and the ordinance was changed (bar service became a non - conforming use) to require a Planning Commission Conditional Use Permit to establish a bar. El Rodeo Restaurant is currently licensed by Alcoholic Beverage Control (ABC) to serve beer and wine at the eating tables only. The current request if approved would extend the service of beer and wine to the bar; no other changes concerning the type of alcoholic beverages served has been requested. C.• I I m I staff reports) eup98 -2 El Rodeo. wpd ®0L�81 Q The Honorable City Council Conditional Use Permit 98 -2 August 7, 1998 Page 2 Connecting doorways will join all segments of the existing or proposed, dining area, bar, live entertainment (stage) and dance floor together, so that access to one activity appears to allow access to other use areas as well. The most recent floor plan submitted by the applicant on August 3, 1998, indicates the various elements of the overall facility including the smaller dance floor of 300 square feet (dance floor was 750 square feet previously), includes a stage (not previously shown) and identifies seating for 216 where seating for 170 was previously discussed. The overall size of the establishment has been verified at 4,117 square feet which is approximately 300 square feet larger than previously identified by documents submitted to the Planning Commission which showed the same area as 3,823 square feet in size. Based on the requirements currently in the parking section of the Zoning Ordinance, the overall required parking for uses within the existing and proposed portions of this request would require 21 spaces. Parking requirements are based upon square footage and not seating capacity. Twenty -eight (28) spaces actually exist on the site. However, only 26 total spaces would be required under the code for all uses in this complex, which includes the produce market and vacant barber shop. This parking ratio is % of the parking requirement stipulated by the ordinance since the proposed location is in the Downtown District. Background: On June 22, 1998, the Planning Commission adopted Resolution No. PC 98 -355 denying this request for a Conditional Use Permit to establish a nightclub with live entertainment provided by a band with dancing and to commence use of an existing bar at the El Rodeo Restaurant. This action by the Planning Commission was taken following public testimony over the course of two hearing dates on June 8 and 22, 1998. During the public testimony portion of these hearings comments were offered by members of the Moorpark Community Church located at the northeast corner of Charles Street and Walnut Avenue, who testified against the proposal and also submitted a petition at the June 8, 1998 hearing (see Attachment 6) signed by 56 persons against the C: llmistaff reportslcup98 -2 El Rodeo.wpd (Ana 7l. . The Honorable City Council Conditional Use Permit 98 -2 August 7, 1998 Page 3 request. Testimony against the request included concerns relating to noise, excessively large crowds, inadequate parking to meet the demand, hours of operation inconsistent with adjacent uses, and an overall concern that the use was not compatible with the area. Following completion of testimony at the June 8, Commission hearing, staff was directed to prepare a resolution to deny the request and the hearing was closed. However, the Commission subsequently reopened the hearing and continued it to June 22 to consider the resolution. At the June 22 meeting the applicant provided additional testimony and submitted a petition with 143 signatures (see Attachment 7) in support of their request. A representative of the Chamber of Commerce also spoke in favor of the applicant's request. Also, for this meeting the applicant submitted revisions to their application (see Attachment 8) indicating that live entertainment would take place on weekends and holidays and the proposed hours of operation involving live entertainment would be 7:00 p.m. to 1:00 a.m. The previously stated hours of operation for the overall facility including restaurant, bar and nightclub were 8:00 a.m. to 1:00 a.m. City code currently prohibits the service of alcoholic beverages after midnight, unless longer hours are approved by City Council. At the close of the hearing on June 22, 1998, the Planning Commission voted to deny the applicant's request indicating that issues related to; concern over the free flow of customers through the facility, that provisions to handle large crowds had not been submitted, and noise, parking, and compatibility with adjacent uses including hours of operation had not been resolved, nor had the issue of adequate plans and facilities to meet building code requirements for the number of potential persons that could occupy the premises. The Planning Commission also felt that this use was in conflict with the pending Downtown Specific Plan. However, based upon the current Draft Downtown Plan, a nightclub could be allowed with approval of a Conditional Use Permit by the Planning Commission. The staff report prepared by the Community Development Department for the Planning Commission hearings incorporated an analysis of this project in relation to existing uses, the vision of the C.•IlmWaf"reporlslcup98 -2 El Rodeawpd u®o -wt 82i The Honorable City Council Conditional Use Permit 98 -2 August 7, 1998 Page 4 pending Downtown Specific Plan and responses from other departments and agencies including the Police Department who had no comments or statistics relating to concerns about the proposed nightclub use at the time of the Planning Commission hearing, but submitted extensive conditions. Since the action taken by the Planning Commission on June 22, the Police Department has further evaluated this request and has prepared a memo dated August 11, 1998 (Attachment 9) relating their concerns. The information that has been presented relates to a previous similar use at a different location in the community which required the ongoing attention of the Police Department. Prior to taking action the Planning Commission carefully considered all aspects of this request, which did not include the information presented by the above referenced memo and denied the proposal for the reasons previously stated. A resolution for approval with conditions is also presented for consideration, which is the same recommendation originally presented to the Planning Commission on June 8, 1998. This proposed project is Categorically Exempt under Section 15301 of the California Environmental Quality Act (CEQA) as a Class 1 Exemption for the operation of private structures. Recommendation: 1. Open the public hearing and take testimony. 2. Close the hearing. 3. Either affirm Planning Commission denial of Conditional Use Permit 98 -2, or adopt Resolution No. 98- approving Conditional Use Permit No. 98 -2 subject to the conditions of approval included in the resolution. Attachments: 1. Floor Plan dated 8/3/98 2. City Council Resolution 3. PC Staff Report of 6/8/98 4. PC Staff Report of 6/22/98 5. PC Resolution No. PC -98 -355 6. Moorpark Community Church petition 7. Revive High Street petition 8. Application revisions dated 6/17/98 9. Police Department memo dated 8/11/98 C.-IImWafj"reportslcup98 -2 El Rodeawpd 000383 D n 2 m z �g}gp,INING FIALLt .Rio- MAININI. BL.O(.K KALI.3 RCMOVING WALLS - NON - pl,ARIN` p—%M _q&m — TYPICAL m OATTuRY DAGK —l.LP .t-;on A.) Bar 13s6, a.) ?,es+au (an* g 17 � C, )rte- FIoor 19so D exlr D TAt3t:ES D DAANe-a R KK 5000 o D U��ILE ewrN 5;TOKA&F- ID HArivi aAT4I (HEW) STAGE 104 ID NMW OPPENING= 5EQve {..p C 0 0 74 H160 s-F 1350 g; N(Ga ST #1Uh' `)s0 ?- S • 1,c1 ojz.� S ec-Vkan A See;on b a» ugQTN U M V',167 sloes ' to ri (A J KITcNc�j QFp SF II BAR GDUN7):R �xsT�i aP.R� Co S�ATs 51-foP f.� 401 � [ �1 r i 5roe6 © NEWO o�>✓ILE Qoo�l BATH HANDI. SATFT_ Bp; .k Too 9 6ATH �TTICe al IG R65TAURWVT A ScnT5 N5U OPPSNN6 IJ 0 59� -GPI FLUOR AND SITTING PLAN �-� Q c SE(ZUE F009 DANGr-- FLOOR NP-W SITTING ARUA 80 SEATS 0 tF7n SGALI✓: Ils°mIL II°' November 10,1998 Javier Hernandez, Owner El Rodeo Restaurant 79 High Street Moorpark, Ca. 93021 Dear Mr. Hernandez, MOORPARKAttachment One POLICE DEPARTMENT BOB BROOKS SHERIFF / CHIEF OF POLICE In the spirit of service and cooperation, the Moorpark Police Department has conducted a crime prevention survey of your listed business. On February 23, 1998 the Police Department established several conditions as they related to your Administrative Permit 98 -2. The objective of those conditions was to establish requirements for you to abide by which would reduce the threat of crime to your business. On October 28, 1998, at approximately 6:00pm, I walked the exterior of your business and observed the following: Observation #1: No lighting to the front (south side) of the business was activated. The street lights were the only illumination to that side of the business. Recommendation 91: No lighting fixtures need to be added to the front of the business. However, all lighting fixtures currently attached to the front of your buildings should be maintained and remain on during the hours of darkness. Observation #2: No lighting was operational on the east side of the building. Recommendation 92: No lighting fixtures need to be added to the east side of the business. However, all lighting fixtures currently attached to the east side of your building should bemaintained and remain on during the hours of darkness. 26 Flory Avenue, Moorpark, CA 93021 , Phone: (805) 532 -2700 • Fax: (305) 532 - 2713 ®�``'`� Observation #3: One operational incandescent light (approx. 75 Watts) was the only light illuminating the rear of the business. This violates Condition 16 (see attached). Recommendation 93: No lighting fixtures need to be added to the rear of the business. However, all lighting fixtures currently attached to the rear of your buildings should be maintained and remain on during the hours of darkness, especially those that are high enough to avoid tamnerine. Observation 44: The rear door exit from the bar area was unlocked and easily opened from the rear parking lot. This was a violation of Condition 912 (see attached). Recommendation 94: All rear doors shall be equipped with automatic locking devices and shall remain closed at all times, and shall not be used as a means of access or exit by Observation #5: The front window of the bar area (south facing side) has neon beer advertisement signs and horizontal mini- blinds. This is a violation of Conditions 13 and 14 (see attached). Recommendation #5: All advertisements promoting alcoholic beverages shall be removed from all windows. Furthermore, the front windows to the bar and restaurant areas should be clear of obstructions to allow visibility from the street. The mini- blinds should be pulled up to allow visibility during operating hours. Observation #6: There is a sand filled ash -tray just outside the rear bar exit. Recommendation 46: The ash -tray encourages loitering and the drinking of alcoholic beverages outside of the business. The ash -tray also encourages the use of the rear door which should be closed at all times. The ash tray should be removed from outside to avoid associated violations. Your cooperation in complying with the attached conditions will not only help you to avoid a violation, but will help you to reduce the potential for crime in your business. 1 am available to answer questions and to offer advice. You can reach me at 532 -2707. At your service, Koh V_�'__tznk' Kory Martinelli, Senior Deputy Community Policing Coordinator To: From: Project: Location: Attachment Two MOORPARK POLICE DEPARTMENT LARRY CARPENTER SHERIFF /CHIEF OF POLICE Craig Malin, Assistant Planner Date: February 23, 1998 Kory Martinelli, Senior Deputy Entitlement Application, Administrative Permit 98 -2 79 East High Street, Moorpark The following represents the crime prevention evaluation for this project. The below concerns are the police conditions for this project. 01. Sales, service and consumption of alcoholic beverages shall be permitted only between the hours of 8:00am and 12:00am- 02. The hours of operation shall not exceed 12:00am. 03. At all times when the premises are open for business, the sale and service of alcoholic beverages shall be made only in conjunction with the sale and service of food. 04. The sale of beer, wine or any alcoholic beverage for consumption off the premises Ls prohibited. 05. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same period. The licensee shall at all times maintain records which reflect separately the gross sales of food and the gross sales of alcoholic beverages of the licensed business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the Department on demand. 06. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food or other commodities, not to include cover or admission charges, during the same period. 08. Entertainment provided shall not be audible beyond the area under control of the licensee. 09. A single jukebox or stereo may be maintained upon the premises; however, the music shall 2101 East Olsen Road, Thousand Oaks, CA 91360 1 (805) 494 -8258 not be audible outside the premises. 10. There shall be no pool tables or coin- operated games maintained upon the premises at any time. 11. All exterior doors shall be kept closed at all times during the operation of the premises except in cases of emergency and to permit deliveries. 12. The rear doors of the premises shall be equipped on the inside with an automatic locking device and shall be closed at all times, and shall not be used as a means of access by patrons to and from the licensed premises. Temporary use of these doors for delivery of supplies does not constitute a violation. 13. There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages which are clearly visible to the exterior shall constitute a violation of this condition. ' 14. All windows facing the street shall be clear of obstructions, signs and posters to allow visability from the street. 15. No alcoholic beverages shall be consumed on any property adjacent to the licensed premises under the control of the licensee. 16. The parking lot to the rear of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. 17. Lighting in the parking area of the premises shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the window area of nearby residences. 18. Lighting devices shall be high enough as to prohibit anyone on the ground from tampering with them unless tamper proof fixtures are approved by the Director of Community Development. All exterior lighting devices shall be protected by weather and breakage resistant covers. 19. The petitioner shall be responsible for maintaining free of litter the area adjacent to the premises over which he has control. 20. The petitioner shall be responsible for the removal of graffiti from any property on or about the licensed premises, under the control of the licensee, within 48 hours. 21. No person under the age of 21 shall sell or prepare alcoholic beverages. 2 22. The sale, possession for sale, or display of wine which contains more than 14% alcohol by volume shall be prohibited. 23. Petitioners shall regularly police the area under their control in an effort to prevent the loitering of persons about the premises. l 24. No pay phone will be maintained on the interior or exterior of the premises. 25. "No loitering" signs shall be posted to the rear of the property and on any property adjacent to the licensed premises, under the control of the licensee. Such signs shall measure no less than 7" x 11" and the lettering shall be no less than 1" in height. •x 26. The licensee shall keep the property,# adjacent to the licensed premises and under the control of the licensee, clear of newspaper racks, benches, pay telephones, bicycle racks, and any other objects which may encourage loitering. 27. Access to restrooms shall be from the ilterior of the building only. 28. Pursuant to the California Vehicle Code, section 21107.8: (a) Any city or county may, by ordinance or resolution, find and declare that there are privately owned and maintained offstreet parking facilities as described in the ordinance or resolution within the city or county that are generally held open for use of the public for purposes of vehicular parking. Upon enactment by a city or county of the ordinance or resolution, Sections 22350, 23103, and 23109 and the provisions of Division 16.5 (commencing with Section 38000) shad apply to privately owned and maintained offstreet parking facilities, except as provided in. subdivision (b). (b) Notwithstanding the provisions of subdivision (a), no ordinance or resolution enacted thereunder shall apply to any offstreet parking facility described therein unless the owner or operator has caused to be posted in a conspicuous place at each entrance to that offstreet parking facility a notice not less than 17 by 22 inches in size with lettering not less than one inch in height, to the effect that the offstreet parking facility is subject to public traffic regulations and control. (c) No ordinance or resolution shall be enacted under subdivision (a) without a public hearing thereon and 10 days prior written notice to the owner and operator of the privately owned and maintained offstreet parking facility involved. (d) Section 22507.8 may be enforced without enactment of an ordinance or resolution as required under subdivision (a) or the posting of a notice at each entrance to the offstreet parking facility as required under subdivision (b). (e) The department shall not be required to provide patrol or enforce any provisions of W ®185 this code on any privately owned and maintained offstreet parking facility subject to the provisions of this code under this section except those provisions applicable to private property other than by action under this section. 26. After occupancy the applicant shall provide a security guard on -site, if required by the Police Department. 27. The building shall not be occupied by more persons than allowed by the Ventura County Fire Code. Ell UOL;%Su r Attachment Three Moorpark Police Department MEMORANDUM TO: John Nowak, Assistant City Manager FROM: Captain Mike Lewis( ti— -) DATE: October 12, 1998 SUBJECT: El Rodeo Restaurant The attached memo from Sr. Deputy Martinelli details out three calls we have responded to at the El Rodeo Restaurant since August 19, 1998. In addition to these calls we have responded to, or observed circumstances (by a patrolling officer), on another 8 occasions for a total of 2.1 man hours. In total, 12.61 man hours have been devoted to this location in less than a 2 month time period. Patrol officers have also self - initiated `bar - checks' at the location 5 times which resulted in no action. A typical bar -check may last 5 -10 minutes depending on the situation. Please let me know if you need any additional information. L®(Y19 1 Moorpark Police Department MEMORANDUM TO: Captain Lewis FROM: Senior Deputy Martinelli DATE: October 7, 1998 SUBJECT: "El Rodeo" Update The following is a complete list of the calls for service to the "El Rodeo" Restaurant from August 19 through October 7, 1998: 9 -6 -98 Deputies were dispatched to "La Playita" Restaurant to a disturbance call. Upon 0100 hours arrival they find a male subject lying in a pool of blood behind the "El Rodeo" Restaurant. The subject was heavily intoxicated and bleeding from a cut to the back of the head. Subject was uncooperative and would not assist deputies in their investigation. Witnesses at the scene denied seeing anything. The subject was arrested for an outstanding warrant. Three deputies were on scene for 60 minutes for a total of 180 personnel minutes. 10 -2 -98 Deputies are dispatched to a call of subject who had been stabbed. Upon arrival 2253 hours deputies find 10 -15 subjects fighting in bar and call for back -up. A total of eight units were dispatched to assist including four T.O. units and two county units. One subject had a beer bottle broken over his head. The suspect was not at the location and no helpful information was provided by anyone at the scene. Eight deputies were on scene for 50 minutes for a total of 400 personnel minutes. 10 -2 -98 Deputies are dispatched to restaurant again to escort victim from business after he 2359 hours re- entered business to argue with others in the bar. Deputies were on scene for 17 minutes for a total of 51 personnel minutes. Total personnel hours spent on these calls: 10.51 hours C, ® () %,2!) 2 Moorpark Police Department MEMORANDUM TO: Honorable City Council FROM: Mike Lewis, Captain M�q- Kory Martinelli, Senior�6iputy-11" DATE: November 12, 1998 Q I TID I d-9P- Fl RndPn Rar and Restaurant The following information, relative to police department contacts with El Rodeo Bar and Restaurant, is provided for your review. As requested, Senior Deputy Martinelli and I have met with Javier Hernandez and Isias Ortiz, the owners /operators of El Rodeo Restaurant. We have also monitored requests for service, crimes and incidents our staff have responded to. On October 28, 1998, at approximately 6:00pm, Senior Deputy Martinelli walked the exterior of the business and observed several violations of the conditions contained in Administrative Permit 98 -2. On November 10, 1998, Senior Deputy Martinelli and I met with Mr. Hernandez and Ortiz at the business to discuss measures to correct the violations. All recommendations were documented in writing, given to the owners, and communicated to them in Spanish by Deputy Juan Ponce. Both individuals seemed receptive to the corrective measures and agreed to correct the violations. (Please see Attachment # 1) Also included for your reference are the suggested police conditions submitted and incorporated into the Conditional Use Permit.(See Attachment #2) In addition to monitoring compliance with permit conditions, we have also been tracking the calls for police service. Since the last informational memo dated October 7, 1998, (See Attachment #3) we have documented the following: 10 -17 -98 Deputies Hutchinson and Aguirre arrest a subject in the rear parking lot for 10:15pm being drunk in public. The subject had fallen down twice and could not answer their questions. U ®0�aZI 10 -18 -98 Deputy Aguirre observes a subject urinating on the east side of the bar. The 12:05am man admits to drinking in the bar. He was cited for municipal code violation. 10 -31 -98 Deputy Mac Donald and Reserve Deputy Martinez observe a man yelling 5:45pm at the security guard in the front of the bar. The man was removed by security for being too intoxicated and creating a disturbance. Deputies observed the man staggering on the sidewalk and arrested him for drunk in public. 11 -1 -98 Deputy Kuredjian observes a man urinating in back of parking lot of bar. 11:15pm Subject was cited for municipal code violation. 11 -1 -98 Deputy Aguirre observes a man urinating in back of the bar. Subject was 12:20am cited for municipal code violation. cc: Steve Kuenv, City Manager John Nowak, Assistant City Manager Nelson Miller, Director of Community Development Resolution 98 -1503 Page 10 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Deborah S. Traffenstedt, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 98 -1503 was adopted by the City Council of the City of Moorpark at a meeting held on the 19th day of August, 1998, and that the same was adopted by the following vote: AYES: Councilmembers Evans, Perez, Teasley, and Wozniak NOES: None ABSENT: Mayor Hunter ABSTAIN: None WITNESS my hand and the official seal of said City this 15`h day of September, 1998. Deborah S. Traffenstedt, y Clerk (seal) 981503 00'03`e-8 tt