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Home My WebLink AboutRES CC 2003 2112 2003 0820RESOLUTION NO. 2003 -2112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2003 -04, TO ALLOW THE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES IN CONJUNCTION WITH FOOD SERVICE AT THE MOORPARK COUNTRY CLUB GOLF COURSE AND CLUBHOUSE AT 11800 CHAMPIONSHIP DRIVE, AND RESCINDING ADMINISTRATIVE PERMIT NO. 2002 -34, ON THE APPLICATION OF TOLL BROTHERS, INC. ON BEHALF OF MOORPARK COUNTRY CLUB (APN 500- 0 -220- 010) WHEREAS, on at a duly notices public hearing July 2, 2003, and on the August 20, 2003 Consent Calendar, the City Council considered Conditional Use Permit (CUP) No. 2003 -04, to allow the sale and consumption of alcoholic beverages in conjunction with food service at the Moorpark Country Club Golf Course and Clubhouse, 11800 Championship Drive, on the application of Toll Brothers, Inc. on behalf of Moorpark Country Club (APN 500- 0 -220- 010); and WHEREAS, at its meeting of July 2, 2003, the City Council conducted a public hearing, received public testimony, closed the public hearing, and continued the item to the August 20, 2003, City Council meeting Consent Calendar to resolve final wording relative to the conditions of approval; 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; and WHEREAS, the City Council concurs with the Community Development Director's determination that this project is Categorically Exempt from the provisions of CEQA , pursuant to Section 15301 as a Class (1) exemption for the continuing use of existing facilities. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. CONDITIONAL USE PERMIT FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the City Council makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.030: A. The Conditional Use Permit is consistent with the intent and provisions of the City's General Plan and of the City Resolution No. 2003 -2112 Page 2 Municipal Code in that the sale of alcoholic beverages for on -site consumption is an ancillary use to the Golf Course, a use consistent with the General Plan and Zoning. B. The Conditional Use Permit is compatible with the character of surrounding development in that the sale of alcoholic beverages for on -site consumption is an ancillary use to the Golf Course. C. The Conditional Use Permit would not be obnoxious or harmful, or impair the utility of neighboring property or uses in that conditions are required to ensure proper control of the sale of alcoholic beverages for on -site consumption. D. The Conditional Use Permit would not be detrimental to the public interest, health, safety, convenience, or welfare in that conditions are required to ensure proper control of the sale of alcoholic beverages for on -site consumption. E. The conditionally permitted use is compatible with existing and planned land uses in the general area where the development is to be located in that the sale of alcoholic beverages for on -site consumption is an ancillary use to the Golf Course. F. 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. G. The use will serve a public convenience in that the sale of alcoholic beverages for on -site consumption is an ancillary use to the Golf Course. H. The use will not create the need for increased police services in that conditions are required to ensure proper control of the sale of alcoholic beverages for on -site consumption. I. The requested use at the proposed location will not adversely affect the economic welfare of the community; and 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. CITY COUNCIL APPROVAL: The City Council approves Conditional Use Permit No. 2003 -04 subject to the special and Resolution No. 2003 -2112 Page 3 standard conditions of approval in Exhibit A (Special and Standard Conditions of Approval), attached hereto and incorporated herein by reference. SECTION 3. RESCISSION OF ADMINISTRATIVE PERMIT: Administrative Permit No. 2002 -34 is hereby rescinded. SECTION 4. CERTIFICATION OF ADOPTION: The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be e n the book of original resolutions. A PASSED AND ADOPTED ATTEST: -- D, 'e� a Deborah S. Traffensted , City Clerk Exhibit A: Special and Standard Conditions of Approval Resolution No. 2003 -2112 Page 4 EXHIBIT A SPECIAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2003 -04 PLEASE CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS 1. The development shall be in substantial conformance with the plans presented in conjunction with the application for Conditional Use Permit No. 2003 -04, except any modifications as may be required to meet specific Code standards or other conditions stipulated herein. 2. All necessary permits shall be obtained from the Building and Safety Department and all construction shall be in compliance with the Moorpark Building Code and all other applicable regulations. 3. Approval of a Zoning Clearance shall be required prior to the issuance of building permits. All other permit and fee requirements must be met. 4. Approval of this Conditional Use Permit is for alcoholic beverage sales for golf - related events, social, military, educational, religious or fraternal events, holiday brunches, lunches or dinners, or events held by the City of Moorpark, Moorpark Unified School District, or local based non - profit groups. Any recurring use other than those uses listed above shall require approval of a separate Conditional Use Permit. Entertainment is not approved as part of this Conditional Use Permit. Entertainment (whether or not an admission fee is collected) shall include, but not be limited to live music, comedy review, stage shows, movies, satellite or pay per view TV or other uses determined to be entertainment by the Community Development Director. 5. For indoor or outdoor events other than those listed in condition 4 above, where three hundred (300) or more people are planned or expected, the applicant shall apply for and secure a Temporary Use Permit from the Community Development Department. Such application shall be made at least thirty (30) calendar days prior to the commencement of the indoor or outdoor event. As part of the Conditions of Approval, the Community Development Director may require, based upon the scope and size of the event, security guards, traffic control, valet parking and other measures to assure that the event does not disrupt the neighborhood and surrounding area. Resolution No. 2003 -2112 Page 5 6. Approval of this Conditional Use Permit is contingent upon the continued operation of at least an 18 -hole golf course, consistent with CUP 1994 -01. Cessation of the golf use will terminate the approval of alcoholic sales. 7. The applicant shall reimburse the City of Moorpark for any additional police or other costs incurred by the City as a result of operations approved by this Conditional Use Permit, including fifteen (150) percent overhead on any such services. 8. No person under the age of eighteen (18) shall serve or package alcoholic beverages. 9. All exterior areas of the site, including parking areas under use by the facility, shall be maintained free of litter and debris at all times. 10. Conditional Use Permit No. 2003 -04 may be revoked or its use suspended by the City, if any of the causes listed in Section 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. 11. The City of Moorpark reserves the right to modify, suspend or revoke for cause this conditional use permit consistent with Chapter 17.44 of the Moorpark Municipal Code or as may be amended in the future. 12. Sales, service or consumption of alcoholic beverages allowed by this Conditional Use Permit shall be permitted only between the hours of 6:00 a.m. and 2:00 a.m. For events on the golf course, such as golf tournaments and golf related games sales, service or consumption of alcoholic beverages shall be permitted only between the hours of 10:00 a.m. and 8 p.m. 13. The facility 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. Resolution No. 2003 -2112 Page 6 14. Areas inside the establishment open to customers shall be illuminated sufficiently to allow the identification of persons. 15. The applicant or his /her designee shall be responsible to police the exterior of the business to assure that no alcoholic beverages are consumed within the parking lot. The applicant shall not permit any loitering in the parking lot or in areas adjacent to the facility. 16. No exterior advertising of any kind or type is allowed 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. 17. The permittee must correct any safety or security problem within thirty (30) days upon written notice of such a problem from the Moorpark Police Department. 18. 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. Alternatively, this course attendance requirement may be met through a Lead certified agency or company approved by the State of California. Resolution No. 2003 -2112 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. 2003 -2112 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 20th day of August, 2003, and that the same was adopted by the following vote: AYES: Councilmembers Harper, Mikos, Millhouse, Parvin and Mayor Hunter NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 29th day of August, 2003. Deborah S. Traffenstedt, City Clerk (seal)