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HomeMy WebLinkAboutAGENDA REPORT 1996 0403 CC REG ITEM 07G7497 .9,7 ITEM 7. C. MOOPPAW, CALIFOR.MA My CoLxrJ1 Meefing of 4-& — 199!�, CITY OF MOORPARK AGENDA REPORT TO: Honorable City Council 5� FROM: Paul Porter, Senior Planner. Prepared by Craig Malin (34q Assistant Planner DATE: March 21, 1996 (CC meeting 4/3/96) SUBJECT: PD 1065 Minor Modification No. 3 (Carton). Consider a request to extend the hours of operation of a billiards establishment. BACKGR DUND Planned Development Permit No. 1065 was approved by the City Council (Resolution No. 87-440) on December 16, 1987 for the construction of a 27,466 sq.ft. automotive service center. No other uses were requested by the applicant in the permit. A total of 91 parking spaces were required and constructed. On October 18, 1989, the City Council approved a motion to allow non -auto retail uses in the center (offices uses were not requested) . This action allowed retail sales but not "service oriented sales such as laundromats or dry cleaners". The resolution for approval of PD 1065 contained no provision for the sale of alcoholic beverages. I On March 26, 1990 the City approved Minor Modification No. 1 to allow take out sales of beer and wine from an Italian Deli. Minor Modification No. 2 was approved on May 5, 1992 for the following requests: to allow office uses to be introduced into the tenant spaces that directly front Los Angeles Avenue, and to allow two tables which had already been placed outside the existing Italian Deli 1 000.01/ DISCUSSION On February 26, 1996, Zone Clearance 96-31 was approved for the establishment of a billiards center at 476 W. Los Angeles Avenue, suite A-11. This space measures 2,739 square feet in size, contains nine billiards tables, three game machines and sells prepackaged food and soft drinks. Sale of alcoholic beverages is not proposed. In the event the sale of alcoholic beverages is considered in the future, staff would recommend reconsideration of any extension of hours approved as part of this Minor Modification. Approved hours of operation for the billiards are Monday through Saturday 10:00 a.m. to 10:00 p.m., and Sunday 8:00 a.m. to 5:00 p.m. These hours are consistent with the approved hours for the center (Condition No. 2 of Resolution No. 87-440 which approved PD 1065 limited hours in the center to 7:00 a.m. - 10:00 p.m. Monday - Saturday and 8:00 a.m. - 5:00 p.m. Sunday for retail/service uses). This Minor Modification request is to extend the hours of operation for the billiards use only, from the approved closing hours of 10:00 p.m. on Monday - Saturday and 5:00 p.m. on Sunday to 1:00 a.m. each day of the week. The Director of Community Development intends to condition this request for a Minor Modification to require that: S ,z 1) No alcoholic beverages be sold ems- served.a �'02�r''�' 2) These approved hours of operation are for the billiards establishment only. 3) Should this use vacate the center, any subsequent use must conform to the approved hours of operation specified in Resolution No. 87-440. 4) Approval of the extended hours of operation in this permit may be revoked or the use of private security services may be required by the Director of Community Development upon notification by the Police Dept. that a significant number of calls for service have been received. Lt. Rouse has reviewed this application and has indicated that the Police Department does not object to the extension of hours with the included conditions. This proposal has been reviewed by the Director of Community Development, who intends to approve it with the included conditions on March 21, 1996, with the appeal period 2 Daa 01Z ending April 5, 1996. Pursuant to Resolution No. 88-523 the Director has the authority to approve Minor Modifications. This matter is being presented to the Council as a courtesy. Should the Council, or any other party, desire to appeal the Director's decision, a public hearing should be scheduled. The next available hearing date is April 17, 1996. If the Council takes no action, then the Director's decision stands. STAFF RECOMM NDATION Receive and File this Report Exhibits: A) Minor Modification Approval B) Floor Plan cc: Planning Commission Minor Mod. Logbook PD 1065 File, Minor pol065ft3.sr at counter Mod. No. 3 folder 3 ©©©6 7c? CONWUTNITY DEVELOPMENT DEPARTMENT APPROVAL OF A MINOR MODIFICATION March 21, Minor Modification No. Planned Development Permit No. Filed by: John M. Carton 15300 Seitz Court Moorpark, Ca, 93021 Address/Location: 476 W. Los Angeles Ave. # A-11 Approved by the Director on: March 21, 1996 For: This Minor Modification request is for extension of hours of a billiards establishment from 10:00 a.m. - 10:00 p.m. Monday - Saturday and 8:00 a.m. - 5:00 p.m. Sunday to 1:00 a.m. closing time seven days a week. Location: As shown on Attachment "1". The land involved is Assessor's Parcel No's: 506-0-050-340. CEOA: The project is Categorically Exempt from CEQA requirements as a Class 1, Exemption for Operation of Existing Facilities. Ordinance Co lianceL Based upon the information and findings developed by staff, it has been determined that this application, with the attached conditions, meets the requirements of Moorpark Ordinance Code Section 17.44.030 - Permit Standards, in that: a. The Minor Modification is consistent with the intent and provisions of the City's General Plan and the Zoning Ordinance; b. The Minor Modification is compatible with the character of surrounding development; C. The proposed Minor Modification would not be obnoxious or harmful, or impair the utility of neighboring property or uses; d. The Modification would not be detrimental to the public interest, health, safety, convenience, or welfare; and EXHIBIT A e. The conditionally permitted use is compatible with existing and planned land uses in the general area where the development is to be located. Appeals: As stated in Section 17.44.090, within 16 calendar days after the permit has been approved, conditionally approved or denied, any aggrieved person may file an appeal of the approval, conditional approval or denial with the Community Development Department who shall set a hearing date before the City Council to review the matter at the earliest convenient date. This Minor Modification request has been conditioned to require that: 1) No alcoholic beverages may be sold or served. 2) These approved hours of operation are for the billiards establishment only. 3) Should this use vacate the center, any subsequent use must conform to the hours of operation specified in Resolution 87- 440. 4) Approval of the extended hours of operation in this permit may be revoked or the use of private security services may be required by the Director of Community Development upon notification by the Police Dept. that a significant number of calls for service have been received. Richard Hare, Director of Community Development Date: Attachment 1: Floor plan cc: Honorable City Council City Manager ©006 7. - io . .......... I'- mm f L 1 0 A-LL:Ll -011--.-Jil -A