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HomeMy WebLinkAboutAGENDA REPORT 2002 0403 CC REG ITEM 09ASTEM 9-A � a AE: ;�_f�3i1Q ??r� lecomm�r�dakw,q MOORPARK CITY COUNCIL AGENDA REPORT To: Honorable City Council From: Deborah S. Traffenstedt, Acting Director o Community Development Prepared by: Joseph Fiss, Principal Planner Date: March 12, 2002 (CC Meeting of 4/3/02) Subject: Consider Conditional Use Permit No. 2002 -01, a Request to Allow the Sale and Consumption of Alcoholic Beverages, other than Beer and Wine, (Liquor) in Conjunction with Dining where Beer and Wine is Currently Sold at The Coffee Grinder Restaurant, 1 W. Los Angeles Avenue, on the Application of Reza Yassini BACKGROUND The Coffee Grinder Restaurant is an existing full service restaurant located in the Moorpark Town Center. The existing restaurant was recently expanded to occupy the area of the adjacent vacant restaurant and the addition of a 272 square foot entry, bringing the total floor area to 6,098 square feet. The expansion included an exterior architectural alteration and modification to the parking spaces adjacent to the front of the building. These modifications were approved subject to Permit Adjustment 2001 -08 to Planned Development (PD) Permit 980. The expansion was made to accommodate banquet facilities. The owner of the restaurant has now submitted an application for Conditional Use Permit No. 2002 -01 to allow the sale and consumption of alcoholic beverages (liquor) in addition to beer and wine currently sold with food service. DISCUSSION The Coffee Grinder Restaurant is located at 1 West Los Angeles Avenue on the Northwest corner of Moorpark Avenue and Los Angeles Avenue within the existing 132,718 square foot Moorpark Town Center. There are currently five - hundred and forty (540) parking spaces on site. No additional parking will be required as a result of this application. This restaurant currently S: \Community Development \Everyone \City Council Agenda Reports \CC 020403 Grinder CUP 20021 -01 rev.doc 4-%4-^'idr °'4 +/ ao v w d., Honorable City Council April 3, 2002 Meeting Page No. 2 serves beer and wine in conjunction with food service. The applicant is concurrently processing an application with the California Alcoholic Beverage Control Board for full alcohol service. The Conditional Use Permit application was forwarded to the Moorpark Police Department. The Police Department has indicated that they have no opposition to the approval of the request and have included conditions of approval, which have been incorporated into the draft resolution. The applicant has stated the intent to use the expanded area for banquets, parties, sports -media event viewings, training seminars and expanded restaurant service capabilities. With the exception of sports -media event viewings, these uses are consistent with the traditional operation of a banquet facility. Although these uses may be appropriate in such a facility, staff recommends that adequate security precautions be in place during such events. The City has customarily required security personnel at its own site during rental events where alcohol is served and in staff's opinion, this is not an unreasonable requirement upon other facilities requesting similar uses. Condition No. 11 is modeled after the City's policy. Staff also recommends that events involving live music may warrant the need for additional security precautions. The applicant has not indicated the intent to allow a walk up "bar" at this location, and appropriate conditions of approval will be added to ensure that this shall not occur. The applicant has indicated that there is no intent to charge admission or a "cover" charge for special events that may be open to the public. No floor plan modifications are proposed beyond those approved by Permit Adjustment 2001 -08. All appropriate Building Department Permits have been issued pursuant to said Permit Adjustment. There are no sensitive uses, such as schools, residences or places of worship directly adjacent to this site. Zoning and General Plan Consistency Section 17.20.060 governs permitted uses in commercial and industrial zones. According to this code section, establishments, with an eating place, that sell alcoholic beverages, other than beer and wine, require a City Council Approved Conditional Use Permit if they are in the Commercial Planned Development (CPD) Zone. Prior to approving, conditionally approving, or denying an application, the City Council shall make written findings based Honorable City Council April 3, 2002 Meeting Page No. 3 upon substantial evidence in view of the whole record to justify the decision. The appropriate findings and conditions have been incorporated into the draft resolution. The proposed restaurant, with or without alcohol sales, is a land use that is consistent with the allowable uses in the CPD Zone and is consistent with the General Plan Land Use Designation of C -2 (General Commercial). Environmental Determination The project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15301, Existing Facilities. STAFF RECOMMENDATIONS 1. open the public hearing, accept public testimony, and close the public hearing. 2. Adopt Resolution No. 2002- conditionally approving Conditional Use Permit No. 2002 -01. Attachments: 1. Site Plan 2. Pad Site Plan 3. Floor Plan (To City Council Under Separate Cover) 4. Draft City Council Resolution with Findings and Conditions of Approval CIII c is Wn BITE AREA LOS ANGELES AVE VIQINITY MAP SITE PLAN LEGEND EKISTM BUADMO 'in •9N M A1rA 0.9 Tts CUN aAaaD U'ON nE FOLLiION_ _ _ Fe T199 Dw9R / 8UROM AMA �'� or 118TAM VW IF J LAtM/MD0. MTIO IM Bn "STAaUNi rAaT FOOD) V80 IF "14TINO TO REIAAN PARKM MON.. �1.wp9P jITk C► TOTAL SITE PAAKINO MOIID 901 PARKM PER CITY ETAAIDAJOR' PA UM IY1T10 AtVTD00 LTALL $TA Ia10 FULL MIa a1AW PAAKM AREA �..' '. 3*M OF 6" CALCUTATIMA . - , LAINEOAPNIa wn..weRwlwww 9EAa/ K 16% r1ETAl: rM.p afnao. aM aTAtla alfi • �� l/V1INfMI10 wl....« TAaf. 6f Nt IEaT •NIT TOODI IAR6 Y/DO. MM arµla oFF C Enloe aFnoo. �r arAle y i07K IAPIDEC/JYq •! 6y10B M in TOTAL.• B01 STALLB i . SITE PLAN.vm D� Wn BITE AREA BOf,W Bf EK19TM0 P-4 BIO CARD EKISTM BUADMO 'in •9N M PROPOSED EIPANBKM -'RAM OF TOTAL NEW AREA �f32.E70 OF PMMK] REOUIRED 9W GRB PARKM PROVIDED = W CARS LANDSCAPE ANALYSIS UMS'APE PROVIDEO "14TINO TO REIAAN �1.wp9P jITk C► TOTAL SITE 7 I GENERAL NOTES: . l A AM i0 TO TION M 1 ALL MOTH AAR EXOTM0 TO RPJAAN 9. L10rTTNL1 . PAFVUW 0 "TM TO /. ��TA�MENUNDBICAPM OR E O5tWO TO REIAAK 1i S§ �a r� �y5 4 9 A:1 i — ..,4un ✓- ri -, Wll.11 IIi3IIL IIUYIIkj dll IIILCIltILy ICVCI OV not less than one foot candle at floor level. i' � exrr AAUC I I i 1 1 x w Proposed Resi;aurant 'A' (coffee Grinder- includes expansion) 4 VXIT v,At4 Ac 9> A ` ce Z �A �j v .N a� 0 N Z W a FLOOR PLAN TO COUNCIL UNDER SEPARATE COVER ATTACHMENT RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2002 -01 ALLOWING ON -SITE ALCOHOL SALES IN CONJUNCTION WITH AN EXISTING RESTAURANT AT 1 WEST LOS ANGELES AVENUE ON THE APPLICATION OF REZA YASSINI (ASSESSOR PARCEL NO. 511 -0- 080 -405) WHEREAS, at a duly noticed public hearing on April 3, 2002, the City Council considered Conditional Use Permit (CPD) No. 2002 -01 on the application of Reza Yassini to allow the on -site sale and consumption of liquor in conjunction with dining where on -site beer and wine sale and consumption is currently allowed at 1 West Los Angeles Avenue (Assessor Parcel Nos. 511- 0 -080- 405); and WHEREAS, at its meeting of April 3, 2002, the City Council conducted a public hearing, received public testimony, and closed the public hearing. WHEREAS, the City Council after review and consideration of the information contained in the staff report and public testimony has reached a decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby find that approval of Conditional Use Permit 2002 -01 is consistent with the purpose and intent of provisions of Title 17, Zoning, of the Moorpark Municipal Code, including specific development criteria contained in the Zoning Code related to alcohol sales. SECTION 2. That the City Council adopts the following additional findings: C.E.Q.A. Finding The proposal is categorically exempt from the provisions of The California Environmental Quality Act (CEQA) guidelines, pursuant to Section 15301 relating to the continuing use of existing facilities. ATTACHMENT4 F's a Urn s: \Community Development \Everyone \Resolutions and Conditions \cc 020403 reso -cond cup 02 -01 grinder rev.doc 4-N,4", Cvv v Resolution No. 2002 - Conditional Use Permit No. 2002 -01 Reza Yassini Page 2 CONDITIONAL USE PERMIT FINDINGS: 1. The Conditional Use Permit is consistent with the intent and provisions of the City's General Plan and of the City Municipal Code. 2. The Conditional Use Permit is compatible with the character of surrounding development. 3. The Conditional Use Permit would not be obnoxious or harmful, or impair the utility of neighboring property or uses. 4. The Conditional Use Permit would not be detrimental to the public interest, health, safety, convenience, or welfare. 5. The conditionally permitted use is compatible with existing and planned land uses in the general area where the development is to be located. 6. The use will not result in an over concentration in the area of establishments selling alcoholic beverages. The proposal is not creating a new establishment, merely modifying the category of allowable alcohol sales at an existing establishment. 7. The use will serve a public convenience. 8. The use will not create the need for increased police services. 9. The requested use at the proposed location will not adversely affect the economic welfare of the community; and 10. 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. C. 4 -0 I\.-%. ^ SACommuniity DevelopmenNEveryone\Resolubons and Conditionslcc 020403 reso -cond cup 02 -01 grinder rev.doc 10' � " '' 5 Resolution No. 2002 - Conditional Use Permit No. 2002 -01 Reza Yassini Page 3 SECTION 3. The City Council approves Conditional Use Permit No. 2002 -01 subject to the conditions of approval in Exhibit A (Conditions of Approval), attached hereto and incorporated herein by reference. SECTION 4. 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 3rd day of April 2002. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City c:ierx Exhibit A: Conditions of Approval SACommunity DevelopmentlEveryonMesolubons and Conditionslcc 020403 reso-oond cup 02 -01 grinder rev.doc Resolution No. 2002 - Conditional Use Permit No. 2002 -01 Reza Yassini Page 4 EXHIBIT A CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2002 -01 A. DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS 1. The development shall'be in substantial conformance with the plans presented in conjunction with the application for Conditional Use Permit No. 2002 -01, except any modifications as may be required to meet specific Building Code and Zoning Code standards or other conditions stipulated herein. 2. Security personnel shall be provided to monitor the parking area(s) designated for use by customers of the restaurant during any activity that may require the need for additional security. The applicant shall work with the Police Department and Community Development Department staff to determine which activities shall require additional security. The owner /manager shall be required to obtain Temporary Use Permit approval from the City of Moorpark when a scheduled activity could create a need for increased police presence. 3. The proprietor shall reimburse the City of Moorpark for any additional police or other costs incurred by the City as a result of operations of the restaurant, including 150 overhead on any such services. 4. At all times when the premises are open for business, the sale /service of alcoholic beverages shall be made only in conjunction with the sale /service of food. 5. There shall be no "walk -in" alcohol service for non - restaurant /banquet customers. Alcoholic beverages may only be sold /served to patrons of the facility during dining and /or banquet events. 6. There shall be no "cover" charge, admission or entry fee for special event uses. 7. There shall be no alcohol service at the conclusion of events. 8. No person under the age of twenty -one (21) shall sell or package alcoholic beverages. 9. All exterior areas of the site, including parking areas under use by the restaurant, shall be maintained free of litter and debris at all times. cl! Or e Ir., eN +rl tru" V' yr %.' W r S:1Community DevelopmentEveryone\Resolutions and Conditionslcc 020403 reso -cond cup 02 -01 grinder rev.doc Resolution No. 2002 - Conditional Use Permit No. 2002 -01 Reza Yassini Page 5 10. Conditional Use Permit No. 2002 -01 may be revoked or its use suspended by City, if any of the causes listed in Section 17.44.080.B of the Zoning Code are found to apply, including if the use for which the permit was granted has not been exercised for at least twelve (12) consecutive months, has ceased to exist, or has been abandoned. The discontinuance for a period of one hundred eighty (180) or more days of a nonconforming use or a change of nonconforming use to a conforming use constitutes abandonment and termination of the nonconforming status of the use. 11. The renting party shall provide two security guards for up to 100 attendees, and one additional security guard for each additional 50 attendees or portion thereof, up to the maximum occupancy allowed by Code. The security guards are to be hired from the time alcohol is served until all guests have vacated the property. Proof that security guards have been hired must be provided no less than 2 (two) weeks prior to the event. The applicant shall pay for all costs related to providing security guards to the security company in advance of the event. The only exception shall be for special events held by Moorpark based non - profit groups. B. POLICE DEPARTMENT CONDITIONS: 12. Sales, Service or consumption of alcoholic beverages shall be permitted only between the hours of 10:00 a.m. and 10:00 p.m. each day of the week. 13. The quarterly gross sales of alcoholic beverages shall not exceed fifty percent (50 %) of the gross sales of food during the same period. The Coffee Grinder Family Restaurant shall at all times maintain records which reflect separately the gross sale of food and the gross sales of alcoholic beverages of the business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the Moorpark Police Department upon demand. 14. Areas inside the establishment open to customers shall be illuminated sufficiently to allow the identification of persons. 15. The manager or his /her designee shall be responsible to police the exterior of the business to assure that no alcoholic beverages are consumed on any property adjacent to the restaurant. The owner /manager shall not permit any loitering on the property adjacent to the restaurant. 16. There shall be no advertising of any kind or type, including directed to the exterior from within, promoting or % SACommunity DevelopmenflEveryone\Resolutions and Conditionslcc 020403 reso -cond cup 02 -01 grinder rev.doc C ' `� � , J Resolution No. 2002 - Conditional Use Permit No. 2002 -01 Reza Yassini Page 6 indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages that are clearly visible to the exterior shall constitute a violation of this condition. 17. The Coffee Grinder Family Restaurant must correct any safety or security problem within thirty (30) days upon written notice of such a problem . from the Moorpark Police Department. 18. Any and all employees directly involved or supervising the sale /service of alcoholic beverages shall provide evidence and the business shall maintain records that employees have: a. Received training from the State of California Department of Alcoholic Beverage Control "Leadership and Education in Alcohol and Drugs" LEAD program in the form of an ABC issued certificate. b. The Owner /Manager shall confirm with the California Department of Alcoholic Beverage Control within 15 days of hire any new employee has been scheduled with the local (Santa Barbara ABC office) to attend the LEAD program course. SACommunity DevelopmentIveryonMesolutions and Conditionslcc 020403 reso -cond cup 02 -01 gender rev.doc 4