HomeMy WebLinkAboutRES CC 1996 1249 1996 1120RESOLUTION NO. 96-1249
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA APPROVING ADMINISTRATIVE PERMIT NO. 96 -17
(WEST COAST PIZZA) TO ALLOW ON SITE BEER AND WINE SALES
IN CONJUNCTION WITH A RESTAURANT (WEST COAST PIZZA) IN
MOUNTAIN MEADOWS PLAZA AND DENYING MINOR MODIFICATION NO.
2 TO MAJOR MODIFICATION NO. 1 TO CPD 90 -2 FOR A
MODIFICATION TO THE HOURS OF OPERATION
WHEREAS, the applicant applied for Administrative Permit No.
96 -17 and Minor Modification No. 2 TO Commercial Planned
Development Permit No. 90 -2 Major Modification No. 1; and
WHEREAS, the Director of Community Development referred the
matter to the City Council on November 6, 1996; and
WHEREAS, at its meeting of November 20, 1996, the City Council
considered the application filed by West Coast Pizza, requesting
approval of Administrative Permit No. 96 -17 and Minor Modification
No. 2 TO Major Modification No. 1 TO CPD 90 -2; and
WHEREAS, at its meeting of November 20, 1996, the City Council
after review and consideration of the information contained in the
staff reports dated October 25 and November 12, 1996 and public
testimony 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, the accompanying documents, the public
testimony and subject to the conditions regarding the requested
Administrative Permit, the City Council finds that:
a. The project is Categorically Exempt from the California
Environmental Quality Act requirements as a Class 1
exemption for the operation of private structures.
b. The Administrative Permit is consistent with the intent
and provisions of the City's General Plan and of the City
Zoning Code;
1 EXHIBIT I
000083
Resolution No. 96- 1249
Administrative Permit No. 96 -17
Minor Modification No. 2 to
Major Modificaiton No. 1 of CPD -90 -2
C. The Administrative Permit is compatible with the
character of surrounding development;
d. The proposed Administrative Permit would not be obnoxious
or harmful, or impair the utility of neighboring property
or uses;
e. The Permit 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 represents a public convenience and
does not represent an over concentration of alcohol sales
in this area.
SECTION 2. The City Council conditionally approves
Administrative Permit No. 96 -17 for approval of a Liquor Public
Convenience and Necessity Permit for the sale of beer and wine and
denies Minor Modification No. 2 to Major Modification No. 1 to
Commercial Planned Development Permit No. 90 -2.
SECTION 3. Approval of Administrative Permit No. 96 -17 is
hereby approved subject to the following conditions:
1. Approval of a Zoning Clearance is required prior to
occupancy of the building.
2. Applicant must provide the Community Development
Department with a copy of the Alcoholic Beverage Control
approval prior to approval of the Zoning Clearance.
3. The use shall be open no later than 10:00 p.m.
4. All required Police Department conditions must be
complied with.
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Resolution No. 96- 1249
Administrative Permit No. 96 -17
Minor Modification No. 2 to
Major Modificaiton No. 1 of CPD -90 -2
S. Food shall be available during all business hours that
alcoholic beverages are sold.
6. Any entertainment shall require approval of a separate
permit from the Community Development Department.
7. No fixed bar shall be provided without approval of a
Major Modification.
SECTION 4. Based on the information and findings provided in
the staff report, the accompanying documents, and the public
testimony received, the City Council finds regarding the requested
Minor Modification No. 2 to Major Modification No. 1 to Commercial
Planned Development No. 90 -2, that:
a. The proposed change to the hours of operation would have
an adverse impact on neighboring properties and would be
detrimental to the public interest, convenience and
welfare.
SECTION 5. Minor Modification No. 2 to Major Modification No.
1 to CPD 90 -2 is denied.
SECTION 6. The City Clerk shall certify to the Adoption of
this Resolution.
PASSED, APPROVED, AND ADOPTED THIS 200DAY OF NOVEMBER , 1996.
i
Mayor Paul Lawrason 10.
ATTEST:
` Lillian E. Hare, City Cler
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MOORPARK
799 Moorpa, k 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. 96 -1249 was adopted by the
City Council of the City of Moorpark at a meeting held on
the 20th day of NOVEMBER , 1996, and that
the same was adopted by the following vote:
AYES: COUNCILMEMBERS HUNTER, PEREZ, WOZ.NIAK AND MAYOR LAWRASON
NOES: COUNCII.MEMBER BROWN
ABSENT: NONE
ABSTAIN: NONE
WITNESS my hand and the official seal of said City
this 25th day of NOVEMBER , 1996.
PAUL W. LAWRASON JR.
Mayor
JOHN E. WOZNIAK
Mayor Pro Tem
Lillian E. Hare
City Clerk
ELOISE BROWN PATRICK HUNTER
Councilmember Councilmember
BERNARDO M. PEREZ
Councilmember