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HomeMy WebLinkAboutAGENDA REPORT 1990 0221 CC REG ITEM 08I 7a,/c�jr� MOORPARK ITEM PAUL W. LAWRASON,Jr. STEVEN KUENY Mayor o= 09 City Manager SCOTT MONTGOMERY F0o,a•� a 9 CHERYL J. KANE Mayor Pro Tem .� City Attorney ELOISE BROWN PATRICK RICHARDS,A.I.C.P. Councilmember o-� ' Director of CLINT HARPER, Ph.D. % Community Development Councilmember Eo R. DENNIS DELZEIT BERNARDO M. PEREZ City Engineer Councilmember JOHN V. GILLESPIE LILLIAN KELLERMAN Chief of Police City Clerk RICHARD T. HARE City Treasurer MEM 0 R A N_.D UM TO: The Honorable City Council FROM: Patrick J. Richards, Director of Community Development DATE: February 12, 1990 (CC meeting of 2/21/90) SUBJECT: PLANNED DEVELOPMENT PERMIT NO. PD-1065 - MINOR MODIFICATION NO. 1 TO ALLOW TAKE OUT SALES OF BEER AND WINE Background On December 16, 1987, the City Council. approved Planned Development Permit No. 1065 for the construction of a 27,466 sq. ft. automotive service center. On October 18, 1989, the City Council approved a motion that non-auto retail uses are consistent with the Planned Development Permit. This motion allowed retail sales but not "service oriented sales such as laundromats or dry cleaners". The resolution for approval for PD-106.5 (Resolution No. 87-440) contained no provision for the sale of alcoholic beverages. Discussion On December 11, 1989, a Zoning Clearance for occupancy was granted for a delicatessen at 476 W. Los Angeles Avenue, Unit B-10 with the following conditions: 1. Retail sales only. 2. No catering, allowed. 3. No on-site consumption of food. 4. Al.l food to be prepared and packaged prior to sale. 5.. Tables, booths, stools, chairs, beut:he: or public eating counters are not allowed. 6. Alcohol sales not allowed (requires a Minor Modification permit) On April 19, 1989 the City Council approved guidelines for the sale of alcoholic beverages. The Council stated that a minor modification shall filed for sale of beer and. wine for all planned development permits approved prior to March 15, 1989. 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864 TO: The Honorable City Council FROM: Patrick J. Richards, Director of Community Development DATE: February 12, 1990 (CC meeting of 2/21/90) SUBJECT: PLANNED DEVELOPMENT PERMIT NO. PD-1065 - MINOR MODIFICATION NO. 1 TO ALLOW TAKE OUT SALES OF BEER AND WINE Page -2- The applicants, Carmela Cappuccino and Carmen Barbagiovanni, have requested a Minor Modification to Planned Development Permit No. 1065 to allow the sale of alcoholic beverages (Beer and Wine only) . The following conditions will be incorporated as part of this minor modification request. This permit is for the sale of prepackaged liquor only. That the delicatessen does not contain a separate fixed bar area. That the delicatessen shall close by 12:00 a.m. (midnight) . No on site consumption of beer and wine is allowed. No other additional conditions regarding tenant occupancy were determined to be necessary for this modification request since the following conditions are already incorporated as part of resolution of approval for PD-1065. l.d. All facilities and uses other than those specifically requested in the application are prohibited unless a modification application has been approved by the Director of Community Development. 1. i. If in the future, any use or uses are contemplated on the site differing from that specified in this permit, either the permittee, owner or each prospective tenant shall file a project description prior to the execution of the new lease agreement or the initiation of the use. A review by the Director of Community Development will be conducted to determine if the proposed use is compatible with the CPD zone and the terms and conditions of this permit. Said review will be conducted at no charge and an approval letter sent, unless a minor or major modification is required, in which case all applicable fees and procedures shall apply. The Director of Community Development has reviewed the proposed modification and has conditionally approved it. TO: The Honorable City Council FROM: Patrick J. Richards, Director of Community Development DATE: February 12, 1990 (CC meeting of 2/21/90) SUBJECT: PLANNED DEVELOPMENT PERMIT NO. PD-1065 - MINOR MODIFICATION NO. 1 TO ALLOW TAKE OUT SALES OF SEER AND WINE Page -3- 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. In the event the Council wishes to appeal the Director's decision, it may do so. Should the Council desire to appeal, it should set a public hearing date. The next available meeting date would be the Council's regular meeting of March 7, 1.990. If the Council takes no action, the Director's decision stands. Staff Recommended Action Receive and file. Attachments: 1. Site Plan 2. Liquor Sales Guidelines MOORPARK, CALIFORNIA City Co ncil Meeting of Z Z 191f° ACTI N: /GC- • /1/ B Air . . . .'i - ksr1 ‹I-A-y e1. ,,---14, WALL,� I 4l �e - r— cc` -� rFri .,.t co : lel. -I 1 r. L_ _ 1. o 2 ; 1i . , 1, • �` • .... . - 4:1) I 1 l 1im DELICATESSEN -' -N ` w --L $- o" ' 1 N . ti., .. . , i°• ,k--_I F-o , o 1 1 c 1.• '.... '. �• , I td _ft-T, -14.--- - !, -.--- --.1•^Akt-ir,S--.A•PE ---.4-r- a._.,t— — — — s•- --\§.N__...._.__ D.T.--_• ••., 1 7 II- W TWo w,oy 0 , LU • . 1.7,46' . r .......Q., , ____, = , Hiviz".1-9- ----,\ .:14 i ! / \_+7k '' r , .- i<. 4 - ' I l 1-JC - 1 © � Lu 1 \ •- — _ / a • - '' I 1 J . .1 le.15I i. ..g " , 1 1 ---- -- 81 � 0f I 25� f X iii. Jig u e!d 10 .i Z 71tI - TP �ili Q _ • 1 ► z I . . _ . . ..-4.'4, • • o leI i. J --I_ 0 L L (dpi _ ._ . - - - -- -..- -.---- .------- - w..a.La�"4,a,:.,. ,21.r, l':-A-` t s `.g 1.2. - .i4'..-- i - ITEM . MOORPARK 1XR,7, ELOISE BROWNo,P. STEVEN KUENY Mayor ° �s. City Manager BERNARDO M. PEREZ CHERYL J. KANE Mayor Pro Tem , City Attorney CLINT HARPER, Ph. D. �:��0�� . : PATRICK RICHARDS, A.I.C.P. Councilmember o Director of PAUL LAWRASON m00% Community Development Councilmember ° R. DENNIS DELZEIT SCOTT MONTGOMERY City Engineer Councilmember JOHN V. GILLESPIE RICHARD T. HARE Chief of Police City Treasurer MEMORANDUM TO: The Honorable City Council FROM: Patrick J. Richards, Director of Community Development DATE: April 11, 1989``=(CC meeting of 4/19/89 SUBJECT: FOOD SERVICE & LIQUOR SALES - GUIDELINES Background On March 15, 1989 the City Council considered a report from the Director of Community Development regarding whether a liquor license request after the approval of a Planned Development Permit requires a Major. Modification or Minor Modification Permit approval . It was staff' s position, at that time, that unless alcoholic beverage consumption was approved as part of the original PD permit, such a use would be an expansion requiring a Major Modification Permit approval . The Council discussed the matter and determined that the following is to occur in the future regarding this subject: 1. That the PD permit application form is to be revised so as to show disclosure of any intent for on-site or off-site sale of liquor. 2. If a PD permit is approved after March 15, 1989, that has not identified it's intent regarding liquor sales or consumption; to introduce such after approval would require a major modification of the original planned development. Discussion With an interest to establish a better identification of the Council ' s action, staff is requesting consideration to approve the following guidelines as they relate to liquor sales and consumption within the City. In having such identifiable guidelines it will be easier for the general public, future applicants, Alcoholic Beverage Control Board and future staff members to transmit the Council ' s interest towards liquor sales and consumption within the City. 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864 April 12, 1989 page 2 1. That all new commercial planned development permit applications shall state clearly the intended use of alcoholic beverage sales. - to be package retail sales only; to be sold with retail food sales only; - to be sold separately with retail food sales in the same place of business; - to provide a separate area within the retail food service business for the consumption of alcoholic beverage sales; - beer and wine consumption only; - all types of general alcoholic beverage sales to be made on site. 2. That all planned development permits approved prior to March 15, 1989 shall allow retail beer and wine sales and consumption within the commercial center for both retail sales and in conjunction with food service with the approval of a Minor Modification Permit from the Director of Community Development. 3. That all commercial legal non-conforming uses not previously having alcoholic beverage sales shall obtain a Commercial Planned Development Permit approval prior to or in conjunction with the approval of any retail alcoholic beverage sales. 4. That all commercial legal non-conforming uses currently selling beer and wine shall obtain approval of a Commercial Planned Development Permit prior to or in conjunction with the approval to provide general alcoholic beverage sales. 5. That the following conditions shall be imposed on all future commercial planned development permits, major or minor modification permits associated with the approval of any retail alcoholic beverage sales: - That the use shall close for business at 12:00 a.m. midnight. - That food service shall be available during all business hours that alcoholic beverage sales are available. - That if a fixed bar is to be used it's approval shall only be accomplished with a major modification. - That all entertainment where alcoholic beverages are sold shall have received prior City approval . April 12, 1989 page 3 Recommended Action 1. That the City Council review the above draft liquor sales guidelines and amend as deemed appropriate. . 2. Adopt the above draft liquor sales guidelines as modified by the Council . $OORPARK, CALIFORNIA City Council' Meeting of 'Y "/2 198,2 •CTION: I, . �. I . • BY t 44.1 C