HomeMy WebLinkAboutRES CC 2000 1685 2000 0105RESOLUTION NO. 2000 -1685
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA APPROVING CONDITIONAL
USE PERMIT NO. 99 -5 (FIDEL BARCENAS) TO ALLOW
ON -SITE ALCOHOLIC BEVERAGE SALES IN A RETAIL
ESTABLISHMENT (LALO'S RESTAURANT) AT THE
SOUTHEAST CORNER OF NEW LOS ANGELES AVENUE AND
SPRING ROAD (APN 512 -0 -150 -700)
WHEREAS, on April 19, 1989, the City approved Minor
Modification No. 3 to Planned Development Permit No. 966 to allow
the sale of beer and wine at Lalo's Restaurant; and
WHEREAS, on November 15, 1999, the applicant applied for
Conditional Use Permit No. 99 -5 to upgrade the existing beer and
wine license to allow the on -site sales of alcoholic beverages
(liquor) in Lalo's Restaurant within Planned Development Permit No.
966 (Moorpark Plaza); and
WHEREAS, This project will not have the potential to cause a
significant effect on the environment and a Class 1 exemption from
the provisions of the California Environmental Quality Act for the
operation or alteration of private structures may be granted
pursuant to Section 15061 of the CEQA guidelines; and
WHEREAS, Authority for the approval of Conditional Use Permits
for the sale of alcoholic beverages is granted to the City Council
pursuant to Ordinance No. 234 and as modified by Resolution No. 97-
1346; and
WHEREAS, at its meeting of January 5, 2000, the City Council
held a duly noticed public hearing to consider the application
filed by Fidel Barcenas, requesting approval of Conditional Use
Permit No. 99 -5; and
WHEREAS, at its public hearing of January 5, 2000, the City
Council, after accepting public testimony and after review and
consideration of the information contained in the staff report
dated January 5, 2000, and accepting public testimony, reached a
decision on this matter; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
RESOLVE AS FOLLOWS:
SECTION 1. Based upon the information and findings presented
in this Resolution, accompanying documents and public testimony,
the City Council finds that:
Resolution No. 200u 1685
Page 2
1. The Conditional Use Permit is consistent with the intent
and provisions of the City's General Plan and of the City
Municipal Code.
2. The Conditional Use Permit is compatible with the
character of surrounding development.
3. The Conditional Use Permit would not be obnoxious or
harmful, or impair the utility of neighboring property or
uses.
4. The Conditional Use Permit would not be detrimental to
the public interest, health, safety, convenience, or
welfare.
S. The conditionally permitted use is compatible with
existing and planned land uses in the general area where
the development is to be located.
6. The use will not result in an over concentration in the
area of establishments selling alcoholic beverages.
7. The use will serve a public convenience.
8. The use will not create the need for increased police
services.
9. The requested use at the proposed location will not
adversely affect the economic welfare of the community;
and
10. 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. The City Council conditionally approves Conditional
Use Permit No. 99 -5 for the on -site sale and consumption of
alcoholic beverages;
SECTION 3. Conditional Use Permit No. 99 -5 is hereby approved
subject to the following conditions:
1. Applicant must provide the Community Development
Department with a copy of the Alcoholic Beverage Control
(ABC) approval prior to sale of any alcoholic beverages.
Resolution No. 200u,1685
Page 3
2. This Conditional Use Permit is hereby approved for the
sale of alcoholic beverages in conjunction with food
service to be consumed on -site only and does not
authorize off -site (package) sales.
3. All conditions of approval of Resolution No. 86 -266
(Resolution approving PD 966) and Minor Modifications
Nos. 1 through 6 of Planned Development Permit No. 966
apply except as modified by this Resolution.
4. Any violations of the ABC license or problems relating to
noise or disturbances resulting from this use shall be
grounds for the initiation of proceedings for revocation
of this Conditional Use Permit.
5. Approval of a Sign Permit is required prior to the
installation of any sign. Signs shall be limited to one
line of copy. Secondary signage advertising available
goods and /or services shall not be allowed.
6. Hours of operation shall be limited to 6:00 a.m. to 12:00
a.m. (midnight).
SECTION 4. 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 5th day of January, 2000.
ATTEST:
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Deborah S. Traffenst , City Clerk
Resolution No. 200, 1685
Page 4
STATE OF CALIFORNIA )
COUNTY OF VENTURA )
CITY OF MOORPARK )
SS.
I, Deborah S. Traffenstedt, City Clerk of the City of
Moorpark, California, do hereby certify under penalty of perjury
that the foregoing Resolution No. 2000 -1685 was adopted by the City
Council of the City of Moorpark at a meeting held on the 5th day of
January, 2000, and that the same was adopted by the following vote:
AYES: Councilmembers Harper, Rodgers, Wozniak and Mayor
Hunter
NOES: None
ABSENT: Councilmember Evans
ABSTAIN: None
WITNESS my hand and the official seal of said City this 19th
day of January, 2000.
Deborah S. Traffenste , City Clerk
(seal)