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Home My WebLink AboutRES CC 2001 1801 2001 0103RESOLUTION NO. 2001 -1801 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA APPROVING CONDITIONAL USE PERMIT NO. 2000 -06 (F &P BAUDUCCO INC.) TO ALLOW ON -SITE ALCOHOLIC BEVERAGE SALES IN A RETAIL ESTABLISHMENT (BAUDUCCO'S RESTAURANT) LOCATED AT 563 WEST LOS ANGELES AVENUE (APN 511- 0 -080- 570 ) WHEREAS, Administrative Permit No. 96 -26 was approved on November 6, 1996 to allow the sale of beer and wine at Bauducco's Restaurant; and WHEREAS, on November 14, 2000, the applicant applied for Conditional Use Permit No. 2000 -06 to upgrade the existing beer and wine license to also allow the on -site sale and consumption of liquor at Bauducco's Restaurant within Planned Development Permit No. 89 -1 (Mission Bell 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 3, 2001, the City Council held a duly noticed public hearing to consider the application filed by F &P Bauducco, requesting approval of Conditional Use Permit No. 2000 -06; and WHEREAS, at its public hearing of January 3, 2001, the City Council, after accepting public testimony and after review and consideration of the information contained in the staff report dated December 12, 2000, and accepting public testimony, reached a decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, DOES HEREBY 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. 2001 -1801 Page 2 a. The Conditional Use Permit is consistent with the intent and provisions of the City's General Plan and of the City Municipal Code. b. The Conditional Use Permit is compatible with the character of surrounding development. c. The Conditional Use Permit would not be obnoxious or harmful, or impair the utility of neighboring property or uses. d. The Conditional Use Permit would not be detrimental to the public interest, health, safety, convenience, or welfare. e. The conditionally permitted use is compatible with existing and planned land uses in the general area where the development is to be located. f. The use will not result in an over concentration in the area of establishments selling alcoholic beverages based upon the findings that a local jurisdiction may make under California State Law as included in the Agenda Report Dated December 12, 2000. g. The use will serve a public convenience. h. The use will not create the need for increased police services. i. The requested use at the proposed location will not adversely affect the economic welfare of the community. 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. The City Council conditionally approves Conditional Use Permit No. 2000 -06 for the on -site sale and consumption liquor (alcoholic beverages); SECTION 3. Approval of Conditional Use Permit No. 2000 -06 is hereby approved subject to the following conditions: Resolution No. 2001 -1801 Page 3 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. 2. This Conditional Use Permit is hereby approved for the sale of liquor in conjunction with food service only in the restaurant, with no bar or package sales allowed. Consumption of beer, wine or liquor is not allowed in the delicatessen area but packaged sale of beer and wine is permitted. Beer, wine or liquor may not be consumed outside of the restaurant or patio area. If specifically approved by the Director of Community Development through the issuance of a Temporary Use Permit for a special event, alcohol may be served under the south and west eaves and any adjacent tent. 3. The existing tables and chairs at the entrance to the Italian market /delicatessen shall be immediately removed or an application made for a Minor Modification to Commercial Planned Development 89 -1 to allow their placement for outdoor dining. 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. All conditions of approval of Administrative Permit No. 96 -26, Commercial Planned Development Permit No. 89 -1, Major Modification No. 1 to Commercial Planned Development Permit No. 89 -1, Minor Modification No's 1 through 7, and Permit Adjustments 1 through 6 shall apply to this application unless specifically modified by this Resolution. 6. Applicant shall provide the Community Development Department a copy of the Alcoholic Beverage Control (ABC) approval prior to the sale of liquor. 7. 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. Resolution No. 2001 -1801 Page 4 8. There shall be no advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. 9. 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 licensed premises. Temporary use of these doors for the delicatessen delivery of supplies does not constitute a violation of this condition. 10. The applicant shall pay any outstanding case processing fees and all City legal service fees prior to the sale of liquor. 11. Hours of operation shall be limited to 6:00 a.m. to 12:00 a.m. (midnight). 12. There shall be no live entertainment, amplified music or dancing permitted on the premises without approval of an additional permit. 13. No increase in floor area is permitted without approval of an additional permit. 14. Any violations of the ABC License or problems relating to noise or disturbances shall be grounds for revocation of this Conditional Use Permit. 15. Food service shall be available during all business hours that alcoholic beverages are sold. 16. The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernable the appearance and conduct of all persons on or about the parking lot. 17. The applicant is responsible for promptly removing any litter from the site under their control. 18. The petitioner(s) shall be responsible for the removal of graffiti from any property on or about the licensed premises, under the control of the licensee, within 48 hours. Resolution No. 2001 -1801 Page 5 19. The sale of wine that contains more than 14% alcohol by volume is prohibited. 20. Applicant shall regularly monitor the area under their control in an effort to prevent the loitering of persons about the premises. 21. The licensee shall keep the property adjacent to the licensed premises and under the control of the license clear of newspaper racks, benches, pay telephones , bicycle racks and any other objects which encourages loitering. 22. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same time period. The licensee shall at all times maintain records which reflect separately the gross sale of food and the gross sales of alcoholic beverages of the licensed business. Said records shall be kept no less frequently than on a quarterly basis, and shall be made available to law enforcement on demand. 23. All employees and managers who sell or supervise the sale of alcoholic beverages shall attend a Leadership and Education in Alcohol and Drugs (LEAD) program, within ninety (90) days of their employment. The LEAD program is free of charge and facilitated by the California Department of Alcoholic Beverage Control. [The LEAD program curriculum is approximately four (4) hours in length and is designed to teach licensees, managers and employees on the responsibilities and laws concerning the sales of alcoholic beverages.] Within thirty (30) days of taking the LEAD course, the employees and manager shall deliver each required LEAD certificate showing completion of the course, to the Chief of Police. If there is an increase in calls for police services at Bauducco's related to alcohol problems and the Chief of Police declares that the LEAD program could mitigate the issues the Chief of Police may require that all employees and managers attend a LEAD program as a condition of this permit. 24. No employees shall sell liquor to a person under twenty - one ( 21) years of age. Resolution No. 2001 -1801 Page 6 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 3rd day of January, 20 ATTEST: Deborah S. Traffe stedt, City Clerk er, Mayor Resolution No. 2001 -1801 Page 7 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. 2001 -1801 was adopted by the City Council of the City of Moorpark at a meeting held on the 3rd day of January, 2001, and that the same was adopted by the following vote: AYES: Councilmembers Harper, Millhouse, Wozniak and Mayor Hunter NOES: None ABSENT: Councilmember Mikos ABSTAIN: None WITNESS my hand and the official seal of said City this 22nd day of January, 2001. Deborah S. Traffens e t, City Clerk (seal)