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HomeMy WebLinkAboutAGENDA REPORT 1999 0217 CC REG ITEM 10G-1 I a . 100 (q5) ITEM 10,R Core CITY OF MOORPARK, CALIFORNIA City Council Meeting of -VA ACTION: CITY OF MOORPARK c.cc_+ AGENDA REPORT ci�c�,rci�,- „ c r i �ca{ BY: F'A k & -cAYz� 1 TO: The Honorable City Council FROM: Nelson Miller, Director of Community Development DATE: February 9, 1999 (For CC Meeting of February 17, 1999) SUBJECT: Consider Update on El Rodeo Restaurant (79 E. High Street) Discussion The City Council has previously considered issues relating to this business, especially Sheriff's calls for service and contacts at this location. It was also referred it to the Community Development Committee for review. Concerns were also expressed regarding the nightclub which was proposed to be added to this business at 95 High Street. As previously reported, the owners have now indicated that they do not intend to pursue the nightclub and a Zoning Clearance has been approved for another applicant for operation of a music and jewelry store at 95 High Street. Possible revocation of the Conditional Use Permit for the nightclub has been discussed. Conditional Use Permit No. 98 -2 was approved by the City Council on August 19, 1998. The Conditional Use Permit will expire one year after that date if not inaugurated, so it would expire on August 19, 1999. The City Attorney has advised that a revocation would need to follow the processes prescribed in the Code, which include a public hearing before Planning Commission, who could then refer it to City Council for consideration at a public hearing, since it was approved by City Council after review of the Planning Commission determination for denial. A revocation determination would need to be based upon findings and evidence to support the determination of revocation. The City could initiate a hearing to consider revocation, which include development of mailing labels and mailing of notice, advertising, and posting of the E1 Rodeo Update February 17, 1999 Page 2 property. These would be at City expense as would staff time for processing and preparation of reports and resolutions. It was suggested that staff determine if the owners are willing to modify the hours of operation of the business which were a condition of the Administrative Permit for an establishment selling beer and wine in conjunction with an eating place. Staff met with two of the owners, Javier and Isias Hernandez, on February 8, 1999. They indicated that they want to work to resolve any problems and have voluntarily closed at 9:30 p.m. since January 20, 1999, following a meeting with Captain Lewis and Councilmember Evans. They have also implemented other measures to reduce problems, including improving security measures, additional review of customers, and raising the price of beer to $3.00. There have been no reports of further incidents or contacts at this location since the last report to Council. The owners did indicate they would like to retain the pool table and extend closing hours to 11:00 p.m., since they do have customers who socialize around the pool table. In order to require modification of the conditions of the Administrative Permit a hearing with notice would also be necessary, with findings and evidence to support the modifications. The noticing and processing of such a modification would be at City expense. Staff Recommendation: Direct staff as deemed appropriate. \ \MOR_PRI_SERV\ HOME_ FOLDERS\ NMiller \M \CCrpts \E1ROdeo21799.doc 000128