HomeMy WebLinkAboutRES PC 2007 513 2007 0327RESOLUTION NO. PC- 2007 -513
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. 2006 -06, LOCATED AT 11800
CHAMPIONSHIP DRIVE, ON THE APPLICATION OF JAY LEE
FOR MOORPARK COUNTRY CLUB
WHEREAS, at a duly noticed public hearing on March 27, 2007, the Planning
Commission considered Conditional Use Permit No. 2006 -06, located at 11800
Championship Drive, on the application of Jay Lee for Moorpark Country Club; and
WHEREAS, at its meeting of March 27, 2007 the Planning Commission
considered the agenda report and any supplements thereto and written public
comments; opened the public hearing and took and considered public testimony both
for and against the proposal; and reached a decision on this matter; and
WHEREAS, the Planning Commission 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 Existing Facilities
NOW, THEREFORE, THE PLANNING COMMISSION 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 Planning Commission makes the following
findings in accordance with City of Moorpark, Municipal Code Section 17.44.030:
1. The proposed use is consistent with the provisions of the general plan, zoning
ordinance, and any other applicable regulations in that the sale of alcoholic
beverages for on -site consumption is ancillary to the golf course, a use
consistent with the General Plan and Zoning;
2. The proposed use is compatible with both existing and permitted land uses in
the surrounding area in that the overall use of the site is not changing;
3. The proposed use is compatible with the scale, visual character, and design
of surrounding properties in that all of the buildings on site or under
construction have been previously approved and are not being modified by
this request;
4. The proposed use 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 and to
ensure that it not impact the neighboring properties;
5. The proposed use would not be detrimental to the public health, safety,
convenience, or welfare in that in that conditions are required to ensure
proper control over the sale of alcoholic beverages for on -site consumption;
SACommunity Development\DEV PMTS \C U P\2003- 2007\2006 -06 Moorpark CC \Reso \PC- 2007- 513.doc
Resolution No. PC- 2007 -513
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6. The use will not result in an over concentration in the area of establishments
selling alcoholic beverages in that this is not creating a new establishment;
7. 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;
8. 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;
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 or impair property
values within the neighborhood.
SECTION 2. PLANNING COMMISSION DECISION:
The Planning Commission approves Conditional Use Permit No. 2006 -06 subject
to the Special and Standard Conditions of Approval included in Exhibit A (Special and
Standard Conditions of Approval), attached hereto and incorporated herein by
reference.
SECTION 3. CERTIFICATION OF ADOPTION: The Community
Development Director shall certify to the adoption of this resolution and shall cause a
certified resolution to be filed in the book of original resolutions.
The action of the foregoing direction was approved by the following vote:
AYES: Commissioners Di Cecco and Hamous, Vice Chair Peskay and
Chair Taillon
NOES:
ABSTAIN:
ABSENT: Commissioner Landis
PASSED, AND ADOPTED this 27th day of March 2007.
Xal6t' le�
Mark Taillon, Chair
JAEST:
••.
- ent Director
Exhibit A — Special and Standard Conditions of Approval
Resolution No. PC- 2007 -513
Page 3
EXHIBIT A
SPECIAL CONDITIONS OF APPROVAL FOR
CONDITIONAL USE PERMIT NO. 2006 -06
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. 2006 -06, 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.
6. Approval of this Conditional Use Permit is contingent upon the continued
operation of at least an 18 -hole golf course, consistent with CUP No. 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 (15 %) percent overhead on any such
services.
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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. 2006 -06 may be revoked or its use suspended by the
City, if any of the causes listed in Section 17.44.080.6 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.
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:
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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.
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