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HomeMy WebLinkAboutRES CC 1996 1240 1996 1016RESOLUTION NO. 96-1240 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA APPROVING ADMINISTRATIVE PERMIT NO. 96 -25 AND MINOR MODIFICATION NO. 4 TO PLANNED DEVELOPMENT PERMIT NO. 1065 (JOHN CARTON) TO ALLOW ON SITE BEER SALES IN CONJUNCTION WITH A BILLIARDS ESTABLISHMENT (J.C. BILLIARDS) AT 476 W. LOS ANGELES AVENUE. WHEREAS, on September 26, 1996, the applicant applied for Administrative Permit No. 96 -25 and Minor Modification No. 4 to Planned Development Permit No. 1065; and WHEREAS, the Director of Community Development referred the matter to the City Council on October 16, 1996; and WHEREAS, at its meeting of October 16, 1996, the City Council considered the application filed by John Carton, requesting approval of Administrative Permit No. 96 -25 and Minor Modification No. 4 to Planned Development Permit No. 1065; and WHEREAS, at its meeting of October 16, 1996, the City Council after review and consideration of the information contained in the staff report dated October 4, 1996 reached a decision on this matter; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. Based upon the information and findings presented in the staff report and accompanying documents, and public testimony, the City Council finds that: a. The project is Categorically Exempt from California Environmental Quality Act requirements as a Class 1 exemption for the operation of private structures. b. The Administrative Permit and Minor Modification is consistent with the intent and provisions of the City's General Plan and of the City Ordinance Code; c. The Administrative Permit and Minor Modification is compatible with the character of surrounding development; 000416 Reso 96 -1240 John Carton Page 2 d. The proposed Administrative Permit and Minor Modification would not be obnoxious or harmful, or impair the utility of neighboring property or uses; e. The Permits would not be detrimental to the public interest, health, safety, convenience, or welfare; and f. The conditionally permitted use is compatible with existing and planned land uses in the general area where the development is to be located. g. The proposed project would not have a substantial adverse impact on surrounding properties. SECTION 2. The City Council conditionally approves Administrative Permit No. 96 -25 and Planned Development Permit No. 1065 for the on -site sale of beer. SECTION 3. Approval of Administrative Permit No. 96 -25 and Minor Modification No. 4 to Planned Development Permit No. 1065 is hereby approved subject to the following conditions: 1. Applicant must provide the Community Development Department with a copy of the Alcoholic Beverage Control approval prior to approval of the Zoning Clearance. 2. Modified hours, as established by this permit, shall apply only to the billiards establishment in the center, which shall be open no later than 12:00 p.m. (midnight). 3. Any violations of the ABC License or problems relating to noise or disturbances shall be grounds for revocation of these approvals. 4. Food shall be available during all business hours that alcoholic beverages are sold. 5. Any entertainment shall require approval of a separate permit from the Community Development Department. 0002 - .q. Reso 96- 1240 John Carton Page 3 6. No fixed bar shall be provided without approval of a Major Modification. 7. Except as modified by these conditions, all conditions of Resolution No. 87 -440 and Minor Modifications 1, 2 and 3 to Planned Development Permit No. 1065 remain in effect. SECTION 4. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED THIS 14 DAY OF 1996. ATTEST: Lillian E. Hare, City Clez ell Paul W. tawrason, Jr. Mayor i 000220 MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Lillian E. Hare, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. as adopted by the City Council of the City of Moorpark at a meeting held on the _ �,!o day of 1996, and that the same was adopted by the following vote: /��t�!/1c.CX�fi At4g q q- �Ve5ek AYES: NOES: ABSENT: ABSTAIN: WITNESS my ,� hand and the official seal of said City this 1_ day of 4/ C��� -� 1996. Lillian E. Hare City Clerk PAUL W. LAWRASON JR Mayor JOHN E. WOZNIAK Mayor Pro Tern ELOISE BROWN PATRICK HUNTER Councilmern5er Councilmember BERNARDO M.PEREZ Councilmember