HomeMy WebLinkAboutRES 1998 355 0622RESOLUTION NO. PC 98 -355
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, CALIFORNIA DENYING CONDITIONAL USE PERMIT NO.
98 -2 (JAVIER HERNANDEZ ORTIZ) TO ALLOW ESTABLISHMENT
AND OPERATION OF A NIGHTCLUB WHERE LIVE ENTERTAINMENT
IS PROVIDED BY A BAND AND DANCING MAY TAKE PLACE AND
ALCOHOL IS SERVED AT A BAR IN CONJUNCTION WITH AN
EXISTING RESTAURANT (EL RODEO RESTAURANT) AT 79, 83 AND
95 E. HIGH ST. (APN 512 -0- 091 -060)
WHEREAS, on February 4, 1998, the applicant applied for
Conditional Use Permit No. 98 -2 for the establishment and
operation of a nightclub where live entertainment is provided by
a band, dancing may take place and alcohol is served at a bar in
conjunction with an existing restaurant in the General Commercial
(C -2) Zone; and
WHEREAS, Authority for the approval of Conditional Use
Permits for the operation of a nightclub is granted to the
Planning Commission pursuant to Ordinance No. 234; and
WHEREAS, at its meeting of June 8, 1998, the Planning
Commission held a duly noticed public :hearing to consider the
application filed by Javier Hernandez Ortiz, requesting approval
of Conditional Use Permit No. 98 -2; and
WHEREAS, at its public
Commission after review and
contained in the staff repo
public testimony, and conti,
1998, directed staff to pre.
application.
hearing of June 8, 1998, the Planning
consideration of the information
t dated June 8, 1998, accepting
uing the public hearing to June 22,
are a resolution for denial of the
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. Relating
17.44.030.A.2 and 17.44.
Planning Commission was
under these sections to
hereby finds that:
to the standards specified in Sections
030.A.7 of the Municipal Code, the
unable to make the findings required
grant approval of the application; and
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Reso PC 98 -355
Ortiz
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a. The proposed uses of a nightclub and the serving of alcoholic
beverages at a bar are not consistent or compatible with the
character of surrounding uses which includes: residential
development, retail uses, restaurants, a church and the
performing theater (melodrama).
b. The proposed uses would be detrimental to the public interest,
health, safety, convenience or welfare because of: excessive
noise and crowds that could result based upon the occupancy
potential of 170 persons for dining and dancing that could be
allowed at this location under provisions of the Uniform Building
Code. Additionally, the hours of operation (to 1:30 a.m.) is not
consistent with adjacent uses in the area which includes
residential uses.
c. The proposed uses are not compatible with existing and planned
land uses in the general area which includes: residential uses,
' retail commercial, restaurants and the Melodrama because adequate
off - street parking is not available in the area to accommodate
the numbers of persons (up to 170) that could occupy the building
based upon the Uniform Building Code. The current parking
provisions of the Zoning Ordinance which require off - street
parking facilities do not provide a parking ratio for nightclubs
or dance floors and the ratio of parking spaces for dining has
been concluded as inadequate for a nightclub or dance floor.
Section 17.32.010 of the Municipal Code grants the authority to
the Director of Community Development to determine the parking
requirements for uses not contained in the code. A nightclub use
will require substantially more parking than a restaurant due to
the presence of a dance floor, smaller tables, and in this
application, the 100 seats which will be provided. The number of
off- street parking spaces provided on site is insufficient to
meet the anticipated parking needs, and no other adequate off -
street parking facilities have been identified by the applicant.
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SECTION 2. The Planning Commission hereby denies Conditional
Use Permit No. 98 -2 without prejudice based on the findings and
reasons given in this Resolution:
The action of the foregoing direction was approved by the
following roll call vote;
AYES: Millhouse, Miller, DiCecco, Lowen.berg;
NOES: Acosta.
ABSTAIN:
ABSENT:
PASSED, APPROVED, AND ADOPTED THIS 22 DAY OF JUNE, 1998.
ATTEST:
Celia La Fleur, Secretary
Chairman:
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