HomeMy WebLinkAboutAGENDA REPORT 2003 0702 CC REG ITEM 08BITEM 8• B •
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ACT`
MOORPARK CITY COUNCIL
AGENDA REPORT
To: Honorable City Council
From: Barry Hogan, Community Development Director
Prepared by: David A. Bobardt, Planning Manager (j
Date: June 19, 2003 (CC Meeting of 07/02/03)
Subject: Consider Conditional Use Permit No. 2003 -04, a Request
to Allow the Sale and Consumption of Alcoholic
Beverages (in Addition to Beer and Wine) in
Conjunction with Food Service at the Moorpark Country
Club Golf Course and Clubhouse, 11800 Championship
Drive, on the Application of Moorpark Country Club
(Toll Brothers, Inc.)
BACKGROUND
On November 22, 2002, the Community Development Director
approved an Administrative Permit for beer and wine to be served
at the Moorpark Country Club Golf Course and Clubhouse. The
Clubhouse is not open yet, but is expected to open by Labor Day
this year. At the present time, the Country Club is requesting
a Conditional Use Permit to also sell alcoholic beverages in
addition to beer and wine.
DISCUSSION
Project Setting
Existing Site Conditions:
The clubhouse, currently under construction, will include a
full - service restaurant with outdoor dining, a banquet hall, a
bar, a wedding garden with a gazebo, and a service yard. The
golf course surrounds the clubhouse on three sides.
Previous Applications:
Administrative Permit No. 2002 -34 was approved on November 22,
2002, by the Community Development Director to allow the on -site
sale and consumption of beer and wine.
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03C702 stf rpt.doc��
Honorable City Council
July 2, 2003 Meeting
Page No. 2
GENERAL
PLAN /ZONING
Direction
General Plan
Zoning
Land Use
Clubhouse and
Site
Open Space 2
Open Space
Golf Course
- - -- ------- --....
------------- - - - - --
County: Open
--------- - - - - -- ._. —_. _
County Open
------------- .._—__ -------- —_ __.
Agricultural and
North
Space and Ag
Space and Ag
rural residential
Open Space 2
Open Space
Open space and
South
and Rural
and Rural
rural residential
Low Resid.
Exclusive
----- .. - - - -- - -- . - --
—._.. - - -- -- - - - - - --
Medium Low
------ - - - - - - -. - - - - -- - --
Residential
- — -- ._.. - - - - -- - - - - -- _
Residences and
East
Residential
planned
vacant land
Development
Medium L_ o w
Residential
Residences a-- nd
West
Residential
planned
vacant land
Development
General Plan and Zoninq Consistencv:
The OS -2 land use designation in the General Plan is intended to
identify permanent open space areas which function to preserve
visual resources and natural areas, buffer communities, and
provide relief from noise and crowding of urban development.
The golf course is consistent with this designation. Golf
courses and related facilities are a conditionally- permitted use
in the OS Zone.
ANALYSIS
Issues
Staff analysis of the proposed project has identified control of
the service of alcoholic beverages as the primary issue for City
Council consideration in their review of the Conditional Use
Permit Application. This Conditional Use Permit would expand
the approval for beer and wine under the existing Administrative
Permit to allow the sale for on -site consumption of other
alcoholic beverages. No floor plan modifications are proposed
as part of this Conditional Use Permit. The same conditions
applied to the Administrative Permit would apply to the
Conditional Use Permit. Senior Deputy Ed Tumbleson of the
Police Department has indicated that with these conditions, the
Police Department would have no further concerns. The applicant
is concurrently processing an application with the California
Alcoholic Beverage Control Board for full alcohol service.
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Honorable City Council
July 2, 2003 Meeting
Page No. 3
Findings
A. The Conditional Use Permit is consistent with the intent
and provisions of the City's General Plan and of the City
Municipal Code in that the sale of alcoholic beverages for
on -site consumption is an ancillary use to the Golf Course,
a use consistent with the General Plan and Zoning.
B. The Conditional Use Permit is compatible with the character
of surrounding development in that the sale of alcoholic
beverages for on -site consumption is an ancillary use to
the Golf Course.
C. The Conditional Use Permit would not be obnoxious or
harmful, or impair the utility of neighboring property or
uses in that conditions are required to ensure proper
control of the sale of alcoholic beverages for on -site
consumption.
D. The Conditional Use Permit would not be detrimental to the
public interest, health, safety, convenience, or welfare in
that conditions are required to ensure proper control of
the sale of alcoholic beverages for on -site consumption.
E. The conditionally permitted use is compatible with existing
and planned land uses in the general area where the
development is to be located in that the sale of alcoholic
beverages for on -site consumption is an ancillary use to
the Golf Course.
F. 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.
G. The use will serve a public convenience in that the sale of
alcoholic beverages for on -site consumption is an ancillary
use to the Golf Course.
H. The use will not create the need for increased police
services in that conditions are required to ensure proper
control of the sale of alcoholic beverages for on -site
consumption.
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
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Honorable City Council
July 2, 2003 Meeting
Page No. 4
surrounding properties, or within the immediate
neighborhood so as to cause blight, deterioration or
substantially diminish property values within the
neighborhood.
PROCESSING TIME LIMITS
Time limits have been established for the processing of
development projects under the Permit Streamlining Act
(Government Code Title 7, Division 1, Chapter 4.5), the
Subdivision Map Act (Government Code Title 7, Division 2), and
the California Environmental Quality Act Statutes and Guidelines
(Public Resources Code Division 13, and California Code of
Regulations, Title 14, Chapter 3). Under the applicable
provisions of these regulations, the following timelines have
been established for action on this project:
Date Application Deemed Complete: June 13, 2003
City Council Action Deadline: August 12, 2003
Upon agreement by the City and Applicant, one 90 -day extension
can be granted to the date action must be taken on the
application.
ENVIRONMENTAL DETERMINATION
In accordance with the City's environmental review procedures
adopted by resolution, the Community Development Director
determines the level of review necessary for a project to comply
with the California Environmental Quality Act (CEQA). Some
projects may be exempt from review based upon a specific
category listed in CEQA. Other projects may be exempt under a
general rule that environmental review is not necessary where it
can be determined that there would be no possibility of
significant effect upon the environment. A project which does
not qualify for an exemption requires the preparation of an
Initial Study to assess the level of potential environmental
impacts.
Based upon the results of an Initial Study, the Director may
determine that a project will not have a significant effect upon
the environment. In such a case, a Notice of Intent to Adopt a
Negative Declaration or a Mitigated Negative Declaration is
prepared. For many projects, a Negative Declaration or
Mitigated Negative Declaration will prove to be sufficient
environmental documentation. If the Director determines that a
project has the potential for significant adverse impacts and
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Honorable City Council
July 2, 2003 Meeting
Page No. 5
adequate mitigation can not be readily identified, an
Environmental Impact Report (EIR) is prepared.
The Director has reviewed this project and found it to be
Categorically Exempt in accordance with Section 15301 (Class 1)
of Title 14, Chapter 3 of the California Code of Regulations
(CEQA Guidelines). No further environmental documentation is
required.
STAFF RECOMMENDATIONS
1. Open the public hearing, accept public testimony, and close
the public hearing.
2. Adopt Resolution No. 2003- conditionally approving
Conditional Use Permit No. 2003 -04.
Attachments:
1. Site Plan
2. Floor Plan
3. Draft City Council Resolution with Findings and Conditions
of Approval
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GENERAL NOTES
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GENERAL NOTES
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RESOLUTION NO. 2003-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT NO. 2003 -04, TO ALLOW THE SALE AND
CONSUMPTION OF ALCOHOLIC BEVERAGES IN CONJUNCTION
WITH FOOD SERVICE AT THE MOORPARK COUNTRY CLUB
GOLF COURSE AND CLUBHOUSE, 11800 CHAMPIONSHIP
DRIVE, ON THE APPLICATION OF TOLL BROTHERS, INC.
ON BEHALF OF MOORPARK COUNTRY CLUB (APN 500- 0 -220-
010)
WHEREAS, at a duly noticed public hearing on July 2, 2003,
the City Council considered Conditional Use Permit (CUP) No.
2003 -04, to allow the sale and consumption of alcoholic beverages
in conjunction with food service at the Moorpark Country Club
Golf Course and Clubhouse, 11800 Championship Drive, on the
application of Toll Brothers, Inc. on behalf of Moorpark Country
Club (APN 500 -0- 220 -010); and
WHEREAS, at its meeting of July 2, 2003, the City Council
conducted a public hearing, received public testimony, and closed
the public hearing; and
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; and
WHEREAS, the City Council concurs with the Community
Development Director's determination that this project is
Categorically Exempt from the provisions of CEQA , pursuant to
Section 15301 as a Class (1) exemption for the continuing use of
existing facilities.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. CONDITIONAL USE PERMIT FINDINGS: Based upon the
information set forth in the staff report(s), accompanying
studies, and oral and written public testimony, the City Council
makes the following findings in accordance with City of Moorpark,
Municipal Code Section 17.44.030:
A. The Conditional Use Permit is consistent with the intent and
provisions of the City's General Plan and of the City
Municipal Code in that the sale of alcoholic beverages for
on -site consumption is an ancillary use to the Golf Course,
a use consistent with the General Plan and Zoning.
B. The Conditional Use Permit is compatible with the character
of surrounding development in that the sale of alcoholic
CC ATTACHMENT 3
Resolution No. 2003 -
Page 2
beverages for on -site consumption is an ancillary use to the
Golf Course.
C. The Conditional Use Permit would not be obnoxious or
harmful, or impair the utility of neighboring property or
uses in that conditions are required to ensure proper
control of the sale of alcoholic beverages for on -site
consumption.
D. The Conditional Use Permit would not be detrimental to the
public interest, health, safety, convenience, or welfare in
that conditions are required to ensure proper control of the
sale of alcoholic beverages for on -site consumption.
E. The conditionally permitted use is compatible with existing
and planned land uses in the general area where the
development is to be located in that the sale of alcoholic
beverages for on -site consumption is an ancillary use to the
Golf Course.
F. 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.
G. The use will serve a public convenience in that the sale of
alcoholic beverages for on -site consumption is an ancillary
use to the Golf Course.
H. The use will not create the need for increased police
services in that conditions are required to ensure proper
control of the sale of alcoholic beverages for on -site
consumption.
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. CITY COUNCIL APPROVAL: The City Council approves
Conditional Use Permit No. 2003 -04 subject to the special and
standard conditions of approval in Exhibit A (Special and
Standard Conditions of Approval), attached hereto and
incorporated herein by reference.
SECTION 3. RECISION OF ADMINISTRATIVE PERMIT:
Administrative Permit No. 2002 -34 is hereby rescinded.
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Resolution No. 2003 -
Page 3
SECTION 4. CERTIFICATION OF ADOPTION: 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 2nd day of July 2003.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
Exhibit A: Special and Standard Conditions of Approval
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Resolution No. 2003 -
Page 4
EXHIBIT A
SPECIAL CONDITIONS OF APPROVAL
FOR CONDITIONAL USE PERMIT NO. 2003 -04
PLEASE CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT FOR QUESTIONS
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS
1. The development shall be in substantial conformance with the
plans presented in conjunction with the application for
Conditional Use Permit No. 2003 -04, except any modifications
as may be required to meet specific Code standards or other
conditions stipulated herein.
2. All necessary permits shall be obtained from the Building
and Safety Department and all construction shall be in
compliance with the Moorpark Building Code and all other
applicable regulations.
3. Approval of a Zoning Clearance shall be required prior to
the issuance of building permits. All other permit and fee
requirements must be met.
4. At least ninety (90) days prior to the commencement of any
scheduled event where fifty (50) or more people are planned
or expected, the applicant shall secure a temporary use
permit with the community development department. As part
of the Conditions of Approval, the City shall require a
minimum of two (2) security guards for any event.
Additional security guards based upon one guard for each 50
people shall be required. Traffic control and other
measures to assure that the event does not disrupt the
neighborhood and surrounding area may also be required
depending upon the scope and size of the event. Temporary
use permits shall not be required for special events held by
the City of Moorpark or Moorpark based non - profit groups.
5. Approval of this conditional use permit is contingent upon
the continued operation of at least an 18 -hole golf course.
Cessation of the golf use will terminate the approval of
alcoholic sales.
6. Entertainment, separately, or in conjunction with this use
shall require approval of a conditional use permit.
Entertainment shall include those venues for which an
admission fee is charged or not, and shall include but not
be limited to live music, comedy review, stage shows,
movies, satellite or pay per view TV or other uses
determined to be entertainment by the Community Development
Director.
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Resolution No. 2003 -
Page 5
7. 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 fifteen
(150) percent overhead on any such services.
8. There shall be no alcohol service at the conclusion of
events.
9. No person under the age of eighteen (18) shall serve or
package alcoholic beverages.
10. 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.
11. Conditional Use Permit No. 2003 -04 may be revoked or its use
suspended by the 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.
12. The City of Moorpark reserves the right to modify, suspend
or revoke for cause this conditional use permit consistent
with Chapter 17.44 of the Moorpark Municipal Code or as may
be amended in the future.
13. Sales, service or consumption of alcoholic beverages shall
be permitted only between the hours of 6:00 a.m. and 12:00
midnight each day of the week for events in and around the
Clubhouse. For events on the golf course, such as golf
tournaments and golf related games sales, service or
consumption of alcoholic beverages shall be permitted only
between the hours of 10:00 a.m. and dusk.
14. The facility 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.
15. Areas inside the establishment open to customers shall be
illuminated sufficiently to allow the identification of
persons.
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Resolution No. 2003 -
Page 6
16. 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.
17. There shall be no advertising of any kind or type, including
directed to the exterior from within, promoting or
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.
18. The permittee must correct any safety or security problem
within thirty (30) days upon written notice of such a
problem from the Moorpark Police Department.
19. 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.
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