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HomeMy WebLinkAboutAGENDA REPORT 1999 0120 CC REG ITEM 10P�i�, toa.a5j ITEM CITY OF MO ORPARK, CALIFORNIA City Council ?Meeting of i - G7 O ACTION: '2 le, Ye V o u- c L CITY OF MOORPARK (✓`U P. _r C mFriui-11 AGENDA REPORT BY: TO: HONORABLE CITY COUNCIL FROM: NELSON MILLER, DIRECTOR OF COMMUNITY DEVELOPMEN099 PREPARED BY CRAIG MALIN, ASSISTANT PLANNER DATE: January 8, 1999 (CC MEETING OF 1/20/99) SUBJECT CONSIDER UPDATE ON EL RODEO RESTAURANT CONDITION COMPLIANCE (79 E. HIGH STREET) BACKGROUND A report from the Sheriff's Department regarding incidents at this business was reviewed by the City Council at the meeting of December 16, 1998. The Council had requested another review of this business, and a meeting of the Community Development /Affordable Housing Committee to further review this business. The Community Development /Affordable Housing Committee has not yet met regarding this business. On January 13, 1999, the applicant has now indicated their intention not to pursue the operation of the nightclub (see Attachment 2). An update on the status of condition compliance for this business has been requested. Several applications have been made relating to this business. On November 4, 1997, a Zoning Clearance was approved for occupancy of E1 Rodeo Restaurant at 79 E. High St. Administrative Permit 97 -22 was approved on February 6, 1998, for the sale of beer and wine in conjunction with food. A pool table was approved on April 24, 1998. These were all staff approvals. Conditional Use Permit 98 -2 was approved by the City Council on August 19, 1998, for occupancy of the former Simi Valley Bank at 95 E. High St. for use as a nightclub. 0o®:1s6 El Rodeo Restaurant City Council Status Report Page 2 DISCUSSION On January 7, 1999, staff conducted a field inspection to determine if the restaurant is in compliance with the conditions of approval. Although the Conditional Use Permit for the nightclub, and the Zone Clearance for the related tenant improvements have been approved, the Building Permits have not yet been issued and construction of the improvements has not commenced. The conditions of a Conditional Use Permit generally do not apply until the use for which the permit is approved have been initiated. A copy of Resolution No. 98 -1503, with the conditions approving the Conditional Use Permit is attached. Generally the applicant has met all conditions of approval of the other permits, with the following possible exceptions: • No sign permit was issued for the projecting sign on High Street, although this sign appears to meet the code requirements. • The approved hours of operation are from 6:00 a.m. to 12:00 a.m. (midnight). According to the manager, the hours of operation are from 11:00 a.m. to 12:00 a.m. (midnight) Monday to Friday and from 8:00 a.m. to 12:00 a.m. (midnight) on Saturday and Sunday. The manager indicated that that they will close earlier if there are no customers, but could not specify an average time they closed early or the number of days during the week when this occurred. Hours of operation are not posted. • Sale of alcohol at the existing bar is not allowed. Although a physical bar does exist from previous businesses, it does not appear that the applicants are selling alcohol at the bar. STAFF RECOMMENDATION Direct Staff as deemed appropriate Attachments: 1) Resolution No. 98 -1503 2) Letter from applicant dated 1/13/99 00015 "? 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 meetina 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 Council, after contained in the public testimony, of this applicat its public hearing of August 19, 1998, the City review and consideration of the information staff report dated August 7, 1998, and accepting directed preparation of a resolution for approval Lon; ATTACHMENT 1 60 VII rzk Resolution 93 -1503 Page 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 t3 cause blight, deterioration or substantially diminish propert_/ values within the neighborhood. SECTION 2. The City Council conditionally approves Conditional Use Permit tio. 98 -2 for the establishment and operation of a nightclub with live entertainment provided by a band, including 0 U 015b Resolution 98 -1503 Page 3 dancing, and use of the existing bar portion cf El Rcdeo Restaurant for the service of beer and wine only. 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 Zone Clearance 97 -279, 98 -182, as modified by this Resolution. Administrative Permit 97 -22, and Ordinance 234 apply except 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. 000160 Resolution 98 -1503 Page 4 9. Entertainment provided shall not be audible beyond the 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. 000161 Resolution 98 -1503 Page 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 cf 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 1" 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 Resolution 98 -1503 Page 6 or operator has caused to be posted in a conspicuous : - ace at each entrance to that off street parking facility a notice not less than 17 by 22 inches in size with letterir_g not ,�ess than one inch in height, to the effect that the off street carking facility is subject to public traffic regulations and c ntrol. (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 nightc-yab or 0001,03 Resolution 98 -1503 Page 7 expansion or sale of alcoholic beverages. Applicant shall 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. 0001LG4 Resolution 98 -1503 pace 8 34. Nc conditions of this entitlement shall be interpreted as permitting or requiring any violation 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 subsr_itute 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 eng -veer in accordance with accepted engineering standards. Maw ()OOILOS 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: o s Deborah S. Traffen dt, City C1 000166 A I CL V O D v ?,EsTf� O ZArJT JQW�ey 4er A a A 14 Z. 9 5 P-.5 � sr JA Cc f ?u✓vc, co- q30 21 (8o5)- 57.21- 0913 A66 Te C//�d�r�xD�Q,e �,�•`� D � vier RECEIVED JAN 131999 City of Moorpark ^ommueity oesel.).�meat De }- ATTACHMENT 2 000167