Loading...
HomeMy WebLinkAboutAGENDA REPORT 2003 0820 CC REG ITEM 10DITEM 10 --D . of ��ao -aoo3 ,.c- - -ON:d ,rte MOORPARK CITY COUNCIL AGENDA REPORT To: Honorable City Council From: Barry Hogan, Community Development Direct0 Prepared by: Joseph F. Fiss, Principal P n er Date: July 23, 2003 (CC Meeting of 08/20/03) 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 The public hearing for this Conditional Use Permit was opened and closed on July 2, 2003. The City Council continued consideration of this application to the August 20, 2003, meeting in order for the applicant and staff to clarify the Conditions of Approval. Specifically, the applicant wanted to clarify Condition Nos. 4 and 5 regarding the events for which alcohol was approved by this Conditional Use Permit and when an event would require a Temporary Use Permit for alcohol. City Council had already directed staff to modify the serving hours in Condition No. 12. Staff has met with the applicant several times and is satisfied that the revised conditions, as presented, provide sufficiently for the public health, safety and welfare while not adversely affecting the operation of the facility. On July 24, 2003, Staff discussed these conditions with the Development Review Committee; a recently formed committee made up of staff from the City and other affected agencies to discuss upcoming projects and issues of concern. No concerns were raised at that meeting. S: \Community Development \DEV PMTS \C U P \2003 \04 Moorpark CC (Toll)\Agenda Reports \CC 030820 stf rpt.doc Honorable City Council August 20, 2003 Meeting Page No. 2 STAFF RECOMMENDATION Adopt Resolution No. 2003- conditionally approving Conditional Use Permit No. 2003 -04. Attachments: 1. Draft City Council Resolution with Findings and Conditions of Approval. 2. July 2, 2003, City Council Agenda Report (without Resolution). 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 AT 11800 CHAMPIONSHIP DRIVE, AND RESCINDING ADMINISTRATIVE PERMIT NO. 2002 -34, ON THE APPLICATION OF TOLL BROTHERS, INC. ON BEHALF OF MOORPARK COUNTRY CLUB (APN 500- 0 -220- 010) WHEREAS, on at a duly notices public hearing July 2, 2003, and on the August 20, 2003 Consent Calendar, 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, closed the public hearing, and continued the item to the August 20, 2003, City Council meeting Consent Calendar to resolve final wording relative to the conditions of approval; 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 CC ATTACHMENT 1 Resolution No. 2003 - Page 2 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 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 S: \Community Development \DEV PMTS \C U P \2003 \04 Moorpark CC (Toll) \Resolutions \CC Reso Revised.doc i Resolution No. 2003 - Page 3 standard conditions of approval in Exhibit A (Special and Standard Conditions of Approval), attached hereto and incorporated herein by reference. SECTION 3. RESCISSION OF ADMINISTRATIVE PERMIT: Administrative Permit No. 2002 -34 is hereby rescinded. 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 20th day of August 2003. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk Exhibit A: Special and Standard Conditions of Approval S: \Corrmunity Development \DEV P?TTS \C U P \2003 \04 Moorpark CC (Toll) \Resolutions \CC Reso Revised.doc GI Resolution No. 2003 - Page 4 EXHIBIT A SPECIAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2003 -04 PLEASE CONTACT THE COMUNITY 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. Approval of this Conditional Use Permit is for alcoholic beverage sales for golf- related events, social, military, educational, religious or fraternal events, holiday brunches, lunches or dinners, or events held by the City of Moorpark, Moorpark Unified School District, or local based non - profit groups. Any recurring use other than those uses listed above shall require approval of a separate Conditional Use Permit. Entertainment is not approved as part of this Conditional Use Permit. Entertainment (whether or not an admission fee is collected) 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. 5. For indoor or outdoor events other than those listed in condition 4 above, where three hundred (300) or more people are planned or expected, the applicant shall apply for and secure a Temporary Use Permit from the Community Development Department. Such application shall be made at least thirty (30) calendar days prior to the commencement of the indoor or outdoor event. As part of the Conditions of Approval, the Community Development Director may require, based upon the scope and size of the event, security guards, traffic control, valet parking and other measures to assure that the event does not disrupt the neighborhood and surrounding area. S: \Community Development \DEV PMTS \C U P \2003 \04 Moorpark CC (Toll) \Resolutions \CC Reso Revisec.doc (, Resolution No. 2003 - Page 5 6. Approval of this Conditional Use Permit is contingent upon the continued operation of at least an 18 -hole golf course, consistent with CUP 1994 -01. Cessation of the golf use will terminate the approval of alcoholic sales. 7. The applicant shall reimburse the City of Moorpark for any additional police or other costs incurred by the City as a result of operations approved by this Conditional Use Permit, including fifteen (150) percent overhead on any such services. 8. No person under the age of eighteen (18) shall serve or package alcoholic beverages. 9. All exterior areas of the site, including parking areas under use by the facility, shall be maintained free of litter and debris at all times. 10. 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. 11. 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. 12. Sales, service or consumption of alcoholic beverages allowed by this Conditional Use Permit shall be permitted only between the hours of 6:00 a.m. and 2:00 a.m. 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 8 P.M. 13. 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. S: \Community Development \DEV PMTS \C U P \2003 \04 Moorpark CC (Toll) \Resolutions \CC Reso Revised.doc Resolution No. 2003 - Page 6 14. Areas inside the establishment open to customers shall be illuminated sufficiently to allow the identification of persons. 15. The applicant or his /her designee shall be responsible to police the exterior of the business to assure that no alcoholic beverages are consumed within the parking lot. The applicant shall not permit any loitering in the parking lot or in areas adjacent to the facility. 16. No exterior advertising of promoting or indicating the beverages. Interior displays are clearly visible to the violation of this condition. ny kind or type is allowed availability of alcoholic of alcoholic beverages that exterior shall constitute a 17. 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. 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. Alternatively, this course attendance requirement may be met through a Lead certified agency or company approved by the State of California. S: \Community Development \DEV PMTS \C U P \2003 \09 Moorpark CC (Toll) \Resolutions \CC Reso Revised.doc f MOORPARK CITY COUNCIL AGENDA REPORT To: Honorable City Council From: Barry Hogan, Community Development Director Prepared by: David A. Bobardt, Planning Manager 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 Existina 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. CC ATTACHMENT 2 Honorable City Council July 2, 2003 Meeting Page No. 2 GENERAL PLAN /ZONING Direction General Plan Zoning Land Use Site Open Space 2 Open Space Clubhouse and Golf Course North County: Open County Open Agricultural and - Space and Ag - Space and Ag _ -- - - - - - -- rural residential - - - - -- Open Space 2 Open Space South and Rural and Rural Open space and Low Resid. Exclusive rural residential - Medium Low ----------- Residential - - - - - -- Residences and East Residential Planned vacant land - Development - - - - - - - -- - Medium Low Residential Residences and West Residential Planned vacant land Development General Plan and Zoning Consistency: 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. ANALYSTS 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. 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 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 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 RECOIMKENDATIONS 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 /'N A.