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Home My WebLink AboutRES CC 2002 1958 2002 0403RESOLUTION NO. 2002 -1958 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2002 -01 ALLOWING ON -SITE ALCOHOL SALES IN CONJUNCTION WITH AN EXISTING RESTAURANT AT 1 WEST LOS ANGELES AVENUE ON THE APPLICATION OF REZA YASSINI (ASSESSOR PARCEL NO. 511 -0- 080 -405) WHEREAS, at a duly noticed public hearing the City Council considered Conditional Use 2002 -01 on the application of Reza Yassini to sale and consumption of liquor in conjunction on -site beer and wine sale and consumption is at 1 West Los Angeles Avenue (Assessor ParcE 405); and on April 3, 2002, Permit (CPD) No. allow the on -site with dining where currently allowed !1 Nos. 511- 0 -080- WHEREAS, at its meeting of April 3, 2002, the City Council conducted a public hearing, received public testimony, and closed the public hearing; and WHEREAS, the City Council after review and consideration of the information contained in the staff report and public testimony has reached a decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council does hereby find that approval of Conditional Use Permit 2002 -01 is consistent with the purpose and intent of provisions of Title 17, Zoning, of the Moorpark Municipal Code, including specific development criteria contained in the Zoning Code related to alcohol sales. SECTION 2. That the City Council adopts the following additional findings: C.E.Q.A. Finding The proposal is categorically exempt from the provisions of The California Environmental Quality Act (CEQA) guidelines, pursuant to Section 15301 relating to the continuing use of existing facilities. Resolution No. 2002 -1958 Conditional Use Permit No. 2002 -01 Page 2 CONDITIONAL USE PERMIT FINDINGS: 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. The proposal is not creating a new establishment, merely modifying the category of allowable alcohol sales at an existing establishment. 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 3. The City Council approves Conditional Use Permit No. 2002 -01 subject to the conditions of approval in Exhibit A (Conditions of Approval), attached hereto and incorporated herein by reference. Resolution No. 2002 -1958 Conditional Use Permit No. 2002 -01 Page 3 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 di ATTEST: Deborah S. Traffenstedt, City Clerk Exhibit A: Conditions of Approval Resolution No. 2002 -1958 Conditional Use Permit No. 2002 -01 Page 4 EXHIBIT A CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2002 -01 A. DEPARTMENT OF COMMUNITY DEVELOPMENT CONDITIONS 1. The development shall be in substantial conformance with the plans presented in conjunction with the application for Conditional Use Permit No. 2002 -01, except any modifications as may be required to meet specific Building Code and Zoning Code standards or other conditions stipulated herein. 2. Security personnel shall be provided to monitor the parking area(s) designated for use by customers of the restaurant during any activity that may require the need for additional security. The applicant shall work with the Police Department and Community Development Department staff to determine which activities shall require additional security. The owner /manager shall be required to obtain Temporary Use Permit approval from the City of Moorpark when a scheduled activity could create a need for increased police presence. The only exception shall be for special events held by Moorpark based non - profit groups. 3. The proprietor shall reimburse the City of Moorpark for any additional police or other costs incurred by the City as a result of operations of the restaurant, including 150 overhead on any such services. 4. At all times when the premises are open for business, the sale /service of alcoholic beverages shall be made only in conjunction with the sale /service of food. 5. There shall be no `walk -in" alcohol service for non - restaurant /banquet customers. Alcoholic beverages may only be sold /served to patrons of the facility during dining and /or banquet events. 6. There shall be no alcohol service at the conclusion of events. 7. No person under the age of eighteen (18) shall serve or package alcoholic beverages. 8. All exterior areas of the site, including parking areas under use by the restaurant, shall be maintained free of litter and debris at all times. 9. Conditional Use Permit No. 2002 -01 may be revoked or its use suspended by City, if any of the causes listed in Section Resolution No. 2002 -1958 Conditional Use Permit No. 2002 -01 Page 5 17.44.080.B of the Zoning Code are found to apply, including if the use for which the permit was granted has not been exercised for at least twelve (12) consecutive months, has ceased to exist, or has been abandoned. The discontinuance for a period of one hundred eighty (180) or more days of a nonconforming use or a change of nonconforming use to a conforming use constitutes abandonment and termination of the nonconforming status of the use. 10. The City of Moorpark reserves the right to modify, suspend or revoke for cause this conditional use permit consistent with Chapter 17.44.080 B of the Moorpark Municipal Code (modification, suspension, and revocation for cause). B. POLICE DEPARTMENT CONDITIONS: 11. Sales, Service or consumption of alcoholic beverages shall be permitted only between the hours of 6:00 a.m. and 12:00 midnight each day of the week. 12. The Coffee Grinder Family Restaurant shall at all times maintain records which reflect separately the gross sale of food and the gross sales of alcoholic beverages of the business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the Moorpark Police Department upon demand. 13. Areas inside the establishment open to customers shall be illuminated sufficiently to allow the identification of persons. 14. The manager or his /her designee shall be responsible to police the exterior of the business to assure that no alcoholic beverages are consumed on any property adjacent to the restaurant. The owner /manager shall not permit any loitering on the property adjacent to the restaurant. 15. There shall be no advertising of any kind or type, including directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages that are clearly visible to the exterior shall constitute a violation of this condition. 16. The Coffee Grinder Family Restaurant must correct any safety or security problem within thirty (30) days upon written Resolution No. 2002 -1958 Conditional Use Permit No. 2002 -01 Page 6 notice of such a problem from the Moorpark Police Department. 17. Any and all employees directly involved or supervising the sale /service of alcoholic beverages shall provide evidence and the business shall maintain records that employees have: a. Received training from the State of California Department of Alcoholic Beverage Control "Leadership and Education in Alcohol and Drugs" LEAD program in the form of an ABC issued certificate. b. The Owner /Manager shall confirm with the California Department of Alcoholic Beverage Control within 15 days of hire any new employee has been scheduled with the local (Santa Barbara ABC office) to attend the LEAD program course. Resolution No. 2002 -1958 Conditional Use Permit No. 2002 -01 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. 2002 -1958 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 3rd day of April, 2002, and that the same was adopted by the following vote: AYES: Councilmembers Harper, Mikos, Millhouse, and Mayor Hunter NOES: None ABSENT: Councilmember Wozniak ABSTAIN: None WITNESS my hand and the official seal of said City this 18th day of April, 2002. Deborah S. Traffenste t, City Clerk (seal)