HomeMy WebLinkAboutRES CC 1997 1361 1997 0820RESOLUTION NO. 97 -1361
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA APPROVING CONDITIONAL USE PERMIT
NO. 95 -3 (CANO) TO ALLOW ON SITE ALCOHOLIC BEVERAGE
SALES AND CONSUMPTION IN CONJUNCTION WITH A RESTAURANT
(LA PLAYITA) AT 104 EAST HIGH STREET
WHEREAS, on September 28, 1995, the applicant applied for
Conditional Use Permit No. 95 -3; and
WHEREAS, the Director of Community Development referred the
matter to the City Council on July 31, 1997; and
WHEREAS, at its meeting of August 20, 1997 the City Council
considered the application filed by Benjamin Cano, requesting
approval of Conditional Use Permit No. 95 -3; and
WHEREAS, at its meeting of August 20, 1997 the City Council
considered the application filed by Benjamin Cano, requesting
approval of Conditional Use Permit No. 95 -3; and
WHEREAS, at its meeting of August 20, 1997, the City Council
after review and consideration of the information contained in
the staff report dated July 31, 1997 reached a decision on this
matter.
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 proposed project would not have a substantial adverse
impact on surrounding properties;
Reso 97 -1361
CUP 95 -3 (Cano)
Page 2
C. The Conditional Use Permit is consistent with the intent and
provisions of the City's general Plan and of the City
Ordinance Code;
d. The Conditional Use Permit is compatible character of
surrounding development;
e. The proposed Conditional Use Permit would not be obnoxious
or harmful, or impair the utility of neighboring property or
uses;
f. The Conditional Use Permit would not be detrimental to the
public interest, health, safety, convenience, or welfare;
g. The conditionally permitted use is compatible with existing
and planned land uses in the general area where the
development is to be located;
h. The Conditional Use Permit represents a public convenience;
and
SECTION 2. The City Council conditionally approves
Conditional Use Permit No. 95 -3 for the on -site sale of alcoholic
beverages.
`
SECTION 3. Approval of Conditional Use Permit No. 95 -3 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 (ABC) approval
prior to sale of any alcoholic beverages.
3. The use shall be open no later than 12:00 a.m. (midnight).
Reso 97 -1361
CUP 95 -3 (Cano)
Page 3
4. Any violations of the ABC License or problems relating to
noise or disturbances shall be grounds for revocation of
these approvals.
5. Food shall be served on site during all business hours that
alcoholic beverages are sold.
6. Any entertainment shall require approval of a separate
permit from the Community Development Department. Any
entertainment provided shall not be audible from outside the
building containing the business.
7. No fixed bar shall be provided without approval of a Major
Modification to Conditional Use Permit No. 95 -3.
8. No alcoholic beverages shall be consumed outside of the
licensed premises.
9. The business owner or designee shall regularly police the
grounds under their control in an effort to prevent the
loitering of persons about the premises.
10. The rear doors of the premises shall be equipped on the
inside with an automatic locking device and shall be closed
at all times, and shall not be used as a means of access by
patrons to and from the business.
11. Access to restrooms shall be from the interior of the
building only.
12. Lighting in the front parking lot and to the rear of the
business shall be adequate to make discernible the
appearance and conduct of all persons on or about the
parking lot and rear of the business with a minimum of three
foot candles at ground level.
13. All windows facing the street shall be clear of
obstructions, signs and posters to allow for visibility from
the street.
Reso 97 -1361
CUP 95 -3 (Cano)
Page 4
14. When and if the licensee charges admission to view sporting
events or other pay per view events, no persons under age 21
shall be allowed in the premises.
15. All improvements required in Zone Clearance No. 97 -179 and
associated Building Permits shall be completed by January 1,
1998, for this Conditional Use Permit to continue in effect.
16. The applicant and successors, heirs, and assigns shall
remove any graffiti within five (5) days from written
notification by the City of Moorpark. All such graffiti
removal shall be accomplished to the satisfaction of the
Director of Community Development.
17. The continued maintenance of the landscaping, permit area,
and facilities shall be subject to periodic inspection by
the City. The permittee shall be required to remedy any
defects in ground maintenance, as indicated by the Code
Enforcement Officer within thirty (30) days after
notification.
18. The Director of Community Development may declare a
development project that is not in compliance with the
conditions of approval or for some other just cause, a
"public nuisance ". The applicant shall be liable to the City
for any and all costs and expenses to the City involved in
thereafter abating the nuisance and in obtaining compliance
with the conditions of approval or applicable codes. If the
applicant fails to pay all City costs related to this
action, the City may enact special assessment proceedings
against the parcel of land upon which the nuisance existed
(Moorpark Municipal Code Section 1.12.080)
Reso 97 -1361
CUP 95 -3 (Cano)
Page 5
SECTION 4. The City Clerk shall certify to the adoption of
this Resolution.
PASSED, APPROVED, AND ADOPTED THIS 20 DAY OF AUGUST, 1997.
ATTEST:
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Lillian E. Hare, City Cle
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799 Moor, ^;a rk V0, _ . ,1 ; it .r'� C� liforn.a 93021 (895)
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. 97- 1361 was adopted by the City Council of the
City of Moorpark at a meeting held on the 20th day of
AUGUST , 1997, and that the same was adopted by the
following vote:
AYES: COUNCILMEMBERS EVANS, PEREZ, TEASLEY, WOZNIAK AND
MAYOR HUNTER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
WITNESS my hand and the official seal of said City this 25th
day of AUGUST • 1 1997.
illian E. Hare, CMC
ity Clerk
PATRICK HUNTER BERNARDO M. PEREZ CHRISTOPHER EVANS DEBBIE RODGERS TEASLEY JOHN E. WOZNIAk