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Home My WebLink AboutAGENDA REPORT 2000 0105 CC REG ITEM 09ATo: From: Date: AGENDA REPORT City of Moorpark The Honorable City Council liq. io(A 1'fEM q A - of -- I/ '5 4eZIY� ACTf'3;Y: fA4 ws d5i% / ✓P(�___, .11201 . L' 1� LI 9, . ; J/4' Wayne Loftus, Director of Community Development, /AG Prepared by Craig Malin, Assistant Planner December 9, 1999 (CC meeting of January 5, 2000) Subject: Consider Conditional Use Permit No. 99 -5, a Request to Allow the Sale of Alcoholic Beverages Other than Beer and Wine at an Eating Place as Proposed for Lalos Restaurant in Moorpark Plaza at the Southeast Corner of New Los Angeles Avenue and Spring Road, Fidel Barcenas Applicant (APN 512 -0 -150 -700). Background The site of this proposal to serve alcohol, other than beer and wine, known as Lalos Restaurant is located in Moorpark Plaza, a retail commercial center located on the southeast corner of New Los Angeles Avenue and Spring Road. Approved for development by the City Council in January 1986, under Planned Development Permit No. 966, Lalos Restaurant in Suite 110 is currently authorized by the City and Alcoholic Beverage Control (ABC) to serve beer and wine. This full service restaurant is now requesting permission from the City to serve liquor, this request has been approved by Alcoholic Beverage Control subject to approval by the City Council. Lalos was originally authorized to sell beer and wine along with Lamppost Pizza and Seven Eleven in 1989 by Minor Modification No. 3 to this Planned Development Permit. Subsequent Minor Modifications for Lalos Restaurant authorized outside dining involving up to four (4) tables, however, only two tables with a total of twelve (12) seats were completed within the approved time frame. The current proposal, if approved, will authorize the sale of liquor in addition to beer and wine with food service only, no package sales or bar service is proposed. ®00®0.. Honorable City Council January 5, 2000 Page 2 Direction Zoning General Plan Current Use Site CPD C -2 Moorpark Plaza North CPD, C -2 Mc Donalds Rest. Blockbuster Video West CPD C -2 Commercial Center South SP 92 -1 OS -2 Arroyo Simi East SP 92 -1 C -2 Undeveloped, Commercial Use Authorized Definitions of designations. Zoning: CPD = Commercial Planned Development, SP = Specific Plan. General Plan: C -2 = General Commercial, OS = Open Space 40 acres per unit On November 15, 1999, an application was filed for Conditional Use Permit No. 99 -5 to upgrade an existing beer and wine license previously granted to Lalos, a full service restaurant, to allow the on -site sale and consumption of alcoholic beverages (liquor) in an establishment at 530 New Los Angeles Avenue #110, within Moorpark Plaza. Ordinance No. 234 adopted on July 16, 1997, established procedures, standards and requirements for commercial businesses selling alcoholic beverages. Resolution No. 97 -1346, adopted on July 2, 1997, also identifies the procedure for the review of Conditional Use Permits as related to establishments selling alcoholic beverages. On -site sales (consumption) of alcoholic beverages at a restaurant, as proposed by this application, requires the approval of a Conditional Use Permit. The decision making authority for this permit is vested with the City Council; there is no requirement for review by the Planning Commission. A public hearing is required with a ten (10) day noticing requirement, including posting the site, property owner notice and publication in the newspaper. A notice of public hearing was mailed on December 13, 1999, to all property owners within 1,000' of the subject property, concerning this application for on -site alcohol sales. Honorable City Council January 5, 2000 Page 3 Hours of Operation No limits to the hours of operation were specified in Resolution No. 86 -266, which approved construction of Moorpark Plaza. Ordinance No. 234, however, limits the hours that businesses may serve alcohol. These times are from 6:00 a.m. to 12:00 a.m. (midnight). A condition of approval limiting the hours of operation has been included in the draft Resolution. Parking Standards Moorpark Plaza contains 55,280 sq.ft of floor area. Section 17.32.010 of the Municipal Code requires the provision of 269 parking spaces for the five restaurants (Lalos, Lamppost Pizza, Subway Sandwiches, Wendy's and Wood Ranch Barbecue), and the remaining retail businesses. A total of 269 parking spaces are currently provided on site. Police DeQartment Comments A copy of this application has been forwarded to the Police Department for review. The Police Department has indicated that they have no opposition to the approval of the request and that no conditions of approval are proposed beyond the conditions that may be established by Alcoholic Beverage Control. Aip royal Criteria Approval of an application for alcoholic beverage sales in an establishment requires that the following criteria be met: A) The use will not result in an over concentration in the area of establishments selling alcoholic beverages. Response: Staff contacted Alcoholic Beverage Control on December 9, 1999, to determine the status of this application, including over - concentration and the policies and criteria by which the ABC and the City may act upon applications. An over concentration of alcohol sales is determined by the Alcoholic Beverage Control (ABC). An over - concentration exists if there is an elevated number of reported crimes or the ratio of licensed points of sale to population in the Census Tract exceeds the ratio of licenses to population in the County (this ratio is one on- site license for each approximately 908 persons). Census Tract 76.02, which is bounded on the north by High Street and Poindexter Avenue, on the east and south by the Arroyo Simi and on the west by Hitch Road, contains a population of approximately 6,900 persons. Alcoholic Beverage Control has determined that the twelve (12) existing licenses (Wood Ranch Barbeque, Lalos, Lamppost Pizza, Szechwan Garden, 000003 Honorable City Council January 5, 2000 Page 4 Two Guys from Italy, Canton, Coffee Grinder, Round Table Pizza, Yama Sushi, B.J.'s,.Bauduccos, and Ameci's) exceed the eight (8) licenses authorized in this tract based upon the designated ratio noted above. ABC has determined that an over concentration of points of sale of alcoholic beverages exists in this Tract. When an over concentration is determined, the local governing agency (City of Moorpark) is granted authority under AB 2897 to make findings of Public Convenience and Necessity that can result in a subsequent granting of approval to establish the alcohol sales location. Although an over concentration has been deemed to exist, a Conditional Type 47 License (to allow the sale of alcohol beverages including liquor) has been approved by ABC because other modifying criteria have been meet which allow the permit to be approved. Examples of these criteria are: proximity of the use to other similar uses, location on a main thoroughfare, existence as a destination for workers and people passing through town, and the number of licenses in surrounding areas. The ABC permit for this restaurant is valid from October 26, 1999 to September 30, 2000, and must be renewed yearly including satisfaction of all conditions. This request is to upgrade a license for a business which already serves alcoholic beverages (beer and wine) with its full service menu, and does not represent approval of a new establishment selling alcohol. At present the nearest establishments selling alcoholic beverages are: Lamppost Pizza, Szechuwan Garden, Two Guys from Italy and Wood Ranch Barbeque, all of which are between 230' and 680' from the subject site. B) The use will serve a public convenience. Response: This restaurant currently serves beer and wine. The pending request involves an upgrade to the existing license which will also allow the serving of liquor. C) The use will not create the need for increased police services. Response: The Police Department has been provided with a copy of this application and' has responded that conditions typically established by ABC would be adequate for this proposal and that no significant calls for service have been generated in the history of the restaurant. D) The requested use at.the proposed location will not adversely affect the economic welfare of the community. Response: The site is zoned Commercial Planned Development. Development of this project has been approved with a Commercial Planned Development and is in conformance with all 000004 Honorable City Council January 5, 2000 Page 5 code requirements and the requested use is conditionally permitted. E) 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 or impair property values within the neighborhood. Response: The applicants site is one lease space in a multi - tenant commercial retail center. Because no external modifications are proposed to the existing building, the structure will not be inconsistent with the existing building or surrounding buildings. Environmental Determinatio n This project is Categorically Exempt from requirements of the California Environmental Quality Act (CEQA) as a Class 1 exemption for the operation or alteration.of private structures. Summary This proposed change in status of an existing alcoholic beverage license to allow the sale of liquor has not been found to be detrimental to the community based upon the responses to the above required findings. The service of alcoholic beverages occurs only in conjunction with food service with no bar service or package sales allowed. Adding liquor to the already available service of beer and wine is not viewed as an additional point of sale based upon ABC criteria. Staff Recommendations 1. Open the public hearing, accept public testimony and close the public hearing. 2. Review, consider and accept the finding that this request is Exempt from provisions of CEQA. 3. Adopt Resolution No. approving Conditional Use Permit No. 99 -5. Exhibits: 1) 2) 3) 4) 5) 6) 7) General Plan Map Zoning Map Site Plan Floor Plan Police Dept. Approval ABC Approval Resolution No. 000005 ::1 ►�ICia��.`i vj; • • iif \ -,r111 ,;; =1:111 IIIIIIIIIII /•��.�._il,:lll 1:1' :Illl�clllllILI! I�I�Illli � r x(1111 ■�III�1��:'�Cli: 'i1�1�: »[41 � E w.. !!9- -.•.• ■11111/111/? Wa�� V �I::Ii111111 =: .`� � =� � =:• 1 /1111■ •i= ate: w �:.. ......�..� `'' "'.•.�'� � 1491111•= � .r •, ��-- 11. ®■ ,11a m min iii X7_::.1 /:. /17I 1:jI �� ■t1 ■1.111 ■•■ � 11111111111111111: �.,. •1111111111.1111• -. �� • / •111111![]_ ?[0111► 1 a e r'�r'�i. =.r ir. 1/11Y �'`�iesaees ICIIS" ""ILE!aII jifixi .. rr.rr•r••... • cr�..a.. -•. ICl/ 1111111/1111 ■ ►R /I1■ I,i \IIIIIIIIIII•••�t /rl W _n>•� %11 ddaM :1111'•:111111 � 1B/ll`�� Ity mot!; • i • O • O CC X co w G• NFV"� Loa Angeles Avenue 120' R.W. T-- •• - -- ._— Bu 1 nQ p ■ _ •� ii' lo' t••�ua>tlwf �I.aw•1.1 .00• •. e' 1 � � larltlwf : • • ►• ul ding • reed .646 �� ► CUP% ► 8u11ding F 0. c.lut.• f•r.t•• tun•• - � la•�aaaluf- 1 _ • I T1N•al •atfaf• J•►�Iw f f /••• ` `••` Gam• � \ � �. • TN fee •.T11t•at ltflt •t1 � r ~• •\, :�•� , , • Ole {— r- 0 O Z ` � . `wee■ i t - - r A 'O¢ ,.• FO TOa 4 F� 2 t SUPPLEMENTAL DIAGRAM uepkrT'UeNr of ,vco„a,C =P%e f. FAIL mwe g..u. Ft a mk%ft► a. type Of ucENSE APPueo Fon BARCENAS FIDEL. D 2 PFW aSES AOOFESSt.Of."TICH OF EVENT' pwnbr i =VK Cly. rQ) 4. Nrrr! Come -%00 530 NEW LOS ANGELES AVE. SUITE #110 The diagram below is a true and correct description of the property owned or otherwise controlled by me/us on which the licensed premises descnbed.on Form ABC -257 is located or on which an event for a daily type license, catering authorization or miscellaneous use will occur. DIAGRAM ................................ ............................... L ----. • I ! ? KrrcN>� -Q C O K1tu�EN ,7� • II -- ^- _...-- -- i.ti__i nil /(� �'_t I !— � !.. - -- .�J��UiI w SO - DA CAi9a - LADIES J o L_ . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . POST A COPY OF DIAGRAM WM-1 DAILY LICENSE OR CATERING AUTHORIZATION WHERE THE EVENT IS HELD. Please read carefully and sign below. It is hereby declared that the above-described property is owned or otherwise controlled by me/us and it is agreed and understood that the only area therein in which alcoholic beverages will be said. served, consumed, possessed or stored is that portion designated above and/or on Form ABC -257 as the Licensed premises. if this is an event for a daily license, catering authorization or miscellaneous use, it is understood that sales and consumption of alcoholic beverages will be confined to an,area designated in the diagram and supervised to prevent violations of the Alcoholic Beverage Control Act. I declare under penalty of perjury that the foregoing is true and correct. s, aPVUra►rr snc.NATVaa s DATE •- tnspecttan t>I►SE CiRrrF7ED CoRREGr EXHIBIT 4 X14" 000009 Aloorpark Police Department 1%/1EiVi0 RANDOM TO: Craig Malin, Assistant Planner FROM: Captain Mike Lewi Nib DATE: November 17, 1999 SUBJECT: Lalo's Restaurant - CUP 99 -5 We have reviewed the attached project review request regarding Lalo's Restaurant and have no opposition to permitting the restaurant to upgrade it's ABC license to include the on -site sale of alcohol. As you know this location has had an on -site beer and wine license for many years. During this time we have experienced no significate calls for service at this location which would give us reason to oppose the modification. Please feel free to call me should you desire additional information. r c: File RECEIVED NOV '19 1999 City of Moorpark Community Development EXHIBIT 5 000010 r t1n nu. Ue STATE OF CALIFORNIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL, ALCOHOLIC BEVERAGE LICENSE ON -SALE GENERAL EATING PLACE VALl FROM EXPIRES DARCENAS FIDEL DELGADO OCT 26, 1999 DBA: LALOS MEXICAN FOOD SEP 30, 2000 530 LOS ANGELES AVE 110 TYFII' ._NUMBER QUP_ MOORPARK, CA 93021 TRANSFER 47 357767 TFR - 47- 56382 AREA CODE 5610 12 t3USINESS AODRESS (rl- DIFFCRENT) OWNERS: Conditions DARCENAS FIDEL DELGADO 7 DARCENAS MARIA A V IMPORTANT INFORMATION EFFECTIVE PERIOD This licertsp is effective only for the operating period shown above. A new license wilt bo sent to you within 30 days al the oxpiralion date on your license it payment is timely. POSTING Cover this license with glass or other transparent material and post it on premises in a conspicuous place. Rt NF.WAL N07JCEES Renewal notiroc are sent to promises address unless a specific mailing address is requested. It a notice is not received 30 days t:efaro axpliatlon date shown nbove, convict the nearest ABC office. To assure receipt of notices, advise your local ASC office of any change in address. RENEWAL 0A1 ES jt j�e_fjcenSPB�cesDoOS!tlufy_to, pjy_{h_e rc3.r�y2d re�mwALfr:r- by tt,e,Ex 'r iOn��LS.Shown abQxe, A penalty is chargad for Into renewal and ilia license can be automatically revoked for failure to pay. SEASONAL. LICENSES (ui�iv)_lirensr,,� 9 -r pQD?tbilj(y I�p,,ty,lhgtr�uirr;(j rongw I gP� p�,Q tQ_tQ next erslin cried. CONDITIONS A copy of all applicable conditions must be kept on premises. LICHNSEE NAME Only 10 names will be printed on each licence. It (hero are more names a,sociated with tho license, they wilt be indicated by -AND XX OTHERS-. NI names ato on file and available upon request from your !coal ABC office. DCA If you change your busino,s n,mo please notify your local ABC ottice. It you have any qur::;tions regarding this license, comet your local ABC office. NOTE: CONTACT YOUR LOCAL ABC OFFICE IF YOUR LICENSED PREMISES WILL BE TEMPORARILY CLOSED FOR MORE THAN 15 OAYS an WILL EIS PERMANENTLY CLOSEU. PcgC 0 1 NOU 19 '99 09:59 License Scrial A 201588 -(432 EXHIBIT 6 PAGb u ®1 '1 BEFORE THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL OF THE STAVE OF CALIFORNIA In the Matter of the Application of: Tile: 47- 357767 Fidel f)el -ado BARCENAS Maria A BARCENAS Reg: LALOS MEXICAN FOOD 530 LOS ANGELES AV E 110 MOORPARK, CA 93021 PETITION FOR CONDITIONAL LICENSE' For issuance of an ON SALF. GENERAL EATING PLACE License Under the Alcoholic Beverage Control Act WIft, R {.AS, petitioncr(s) has /have filed an application for the issuance of the above - referred -to license(s) for the above - mentioned premiscs; and, WHEREAS, pursuant to Section 23958 of the Business and Professions Code, the Department may deny as application fora license where issuance would result in or add to an unduo concentration of licenses; Laid, WITERFAS, the proposed premises are located in Census Tract 0076. where there presently exists an ttndw, concentration of licenses as defined by Section 23958.4 of the Business and Professions Code; and, WHEREAS, EAS, the petitioner(s) stipulate(s) that by reason of the aforementioned over concentration of licenses, Grounds oxist for denial of the applied for licensc(s); and, WHEREAS, the issuance of an unrestricted license would be contrary to public welfare or morals; NOW' RE'lZEFORE, the undersigned pctldoner(s) do /does hereby petition for a conditional license as follows, Lo-wit: 1. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the scone period. The licensee shall at all times tnaintair, records which reflect separately the dross sale of food and the gross sales of alcoholic beverages ol't.he 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. 2- The petitioner(s) shall he responsible for maintaining free of litter the area adjacent to the prenuses over which they have control, as depicted on the ABC -257 dated 08/16/99 and ABC -253 elated 08/16/99. 3. The subject alcoholic beverage license shall not be exchanged for a public premises type license nor operated as a public premises. Th1S pi:litlon Cor conditional license is lnade: pursuant to the provisions of Sections 23500 lllrotlbh 23805 of Ih,. Business and Professions Code and will be car:icd forward in any transfer at the applicant- promises. Pctitiorer(s) agrees) to retrain a copy of this petition on the premiscs at all runes and will be prepared to produce it immediately upon the request of any peace officer. The petitionur(s) understands) that any violation of the; forCC,Oing cone 6011(s) shall be ;rounds for the suspension or revocation of the Iicense(s). ABC-172 (5194) NOU 19 '99 10 00 PAGE. 03 000012 I rin nv, r , U4 1/ w STAT& Or CALIFOFlNIA — BUSINI?iS. TRANSPORTATION AND HOUSING AGENCY GRAY DAVIS, GJvomor DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL ; 3810 ROSIN COURT, SUrM- 150, SACRAMENTO, CA 35834 (915) 2C&68-'B a The enclosed license is issued conditionally, pursuant to the petition for a conditional license filed with the original application. A copy of that condition is also attached. The condition tnust be retained upon the premises at all times, and you should be prepared to produce it ilntnediately upon the request of any peace officer. Sincerely, Judy Gabrielli Licensing Officer Enclosure ABC -233 (1/99) NOV 19 '99 10:00 PAGE.0g, i — vv I ua ",• v till I'na LIU, r. UU R7- 357767 Fidel Del?ado BARCLNAS Maria A 1SARCLNAS Page 2 DATED TFITS DAY OF � 7' 27— 19.�. ApplicanUPetitioner ABC -171 (5/94) �p�plican0e 6 ttioner� 000014 NOU 19 199 10:00 F AGE . 05 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA APPROVING CONDITIONAL USE PERMIT NO. 99 -5 (FIDEL BARCENAS) TO ALLOW ON -SITE ALCOHOLIC BEVERAGE SALES IN A RETAIL ESTABLISHMENT (LA-LOS RESTAURANT) AT THE SOUTHEAST CORNER OF NEW LOS ANGELES AVENUE AND SPRING ROAD (APN 512 -0- 150 -700) WHEREAS, on April 19, 1989, the City approved Minor Modification No. 3 to Planned Development Permit No. 966 to allow the sale of beer and wine at Lalos Restaurant; and WHEREAS, on November 15, 1999, the applicant applied for Conditional Use Permit No. 99 -5 to upgrade the existing beer and wine license to allow the on -site sales of alcoholic beverages (liquor) in Lalos Restaurant within Planned Development Permit No. 966 (Moorpark Plaza); and WHEREAS, This project will not have the potential to cause a significant effect on the environment and a Class 1 exemption from the provisions of the California Environmental Quality Act for the operation or alteration of private structures may be granted pursuant to Section 15061 of the CEQA guidelines; and WHEREAS, Authority for the approval of Conditional Use Permits for the sale of alcoholic beverages is granted to the City Council pursuant to Ordinance No. 234 and as modified by Resolution No. 97- 1346; and WHEREAS, at its meeting of January 5, 2000, the City Council held a duly noticed public hearing to consider the application filed by Fidel Barcenas, requesting approval of Conditional Use Permit No. 99 -5; and WHEREAS, at its public hearing of January 5, 2000, the City Council, after accepting public testimony and after review and consideration of the information contained in the staff report dated January 5, 2000, and accepting public testimony, reached a decision on this matter; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK 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 Municipal Code. b. The Conditional Use Permit is compatible with the character of surrounding development. 0000` 3 Resolution No. Page 2 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. 99 -5 for the on -site sale and consumption of alcoholic beverages; SECTION 3. Conditional Use Permit No. 99 -5 is hereby approved subject to the following conditions: 1. Applicant must provide the Community Development Department with a copy of the Alcoholic Beverage Control (ABC) approval prior to sale of any alcoholic beverages. 2. This Conditional Use Permit is hereby approved for the sale of alcoholic beverages in conjunction with food service to be consumed on -site only and does not authorize off -site (package) sales. 3. All conditions of approval of Resolution No. 86 -266 (Resolution approving PD 966) and Minor Modifications No's 1 through 6 of Planned Development Permit No. 966 apply except as modified by this Resolution. 0000 -16 Resolution No. Page 3 4. Any violations of the ABC license or problems relating to noise or disturbances resulting from this use shall 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 shall be limited to 6:00 a.m. to 12:00 a.m. (midnight). SECTION A. The City Clerk, shall certify to the adoption of this Resolution and shall cause a certified resolution to be filed in the book of original Resolutions. PASSED AND ADOPTED this day of , Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk 0000:117