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Home My WebLink AboutAGENDA REPORT 2001 0103 CC REG ITEM 09ATO: FROM: DATE: MOORPARK CITY COUNCIL AGENDA REPORT The Honorable City Council ITEM 9- A-. Cii i :.;; `,f 3f?i;j'NF,K, C:AT'IFORNIA Ci;y COUDCi; 11cet;ng of l -3 -2001 ACTION: ADoPt'e-D R6'so# zoos -1801 W IT H AN AME►. z>me_ KTi TZ) GoNO�nor�l -1*:' 1-7. BY: Wayne Loftus, Director of Community Developmentzk; Staff - Paul Porter, Principal Planner December 12, 2000 (CC meeting of January 3, 2001) SUBJECT: Consider Conditional Use Permit No. 2000 -6, A Request To Allow the Sale Of Alcoholic Beverages Other Than Beer and Wine (Liquor) at the Bauducco's Restaurant Located Within the Mission Bell Plaza at 563 W. Los Angeles Avenue (F &P Bauducco Applicant). BACKGROUND The site of this proposal to serve liquor (alcohol other than beer and wine) is Bauducco's Restaurant located at 563 West Los Angeles Avenue within Mission Bell Plaza (APN 511 -0- 080 -570) , a retail commercial center located on the north side of Los Angeles Avenue at Liberty Bell Road . Commercial Planned Development No. 89 -1 was approved by the City Council on October 5, 1994, for construction of the center. Bauducco's Restaurant is currently authorized by the City and Alcoholic Beverage Control (ABC) to serve beer and wine (Administrative Permit No. 96 -26 approved November 26, 1996) in the restaurant and for off -sale (package sales) from the Italian market /delicatessen. The patio area on the north side of the enclosed restaurant is considered by ABC as part of the restaurant and beer and wine may be consumed in this area, as would liquor, unless precluded under this permit. Consumption of any alcoholic beverages within the delicatessen or at the tables outside the delicatessen is not allowed. Provision of outdoor seating is allowed through approval of a Minor Modification to a Commercial Planned Development Permit, which has not taken place for this facility. S: \Community Development \Everyone \City Council Agenda Reports \cc - 010103 - Bauducco cup 20 -6 cc report.doc �� 'X0001 Honorable City Council December 12, 2000 Page 2 The applicant is requesting approval of a Conditional Use Permit to upgrade the existing beer and wine license to also allow the on -site sale of liquor (for consumption only, no package sales) in the restaurant area only. This request is being reviewed by Alcoholic Beverage Control subject to approval of a Conditional Use Permit by the City Council. Approval of the Conditional Use Permit will only include the sale and consumption of liquor in conjunction with food sales. No separate bar service or service from the delicatessen area is being proposed or recommended. Applicant is also requesting that liquor be allowed under the front and west restaurant eave overhang /arcade and any adjacent temporary tent, only when approved by the City as a special event, which requires a Temporary Use Permit. Project Setti Direction Zoning General Plan Current Use Site CPD C -2 (General Commercial) Bauducco's North CPD C -2 (General Commercial) Regal Cinema West R -1 M (Medium- Density Residential) Single Family Residential South CPD C -2 (General Commercial) Mobil Gas Station CPD C -2 (General Commercial) Burger King Fast Food East CPD C -2 (General Commercial) Mission Bell Plaza - Phase I CPD C -2 (General Commercial) Moorpark Town Center DISCUSSION On November 14, 2000, an application was filed for Conditional Use Permit No. 2000 -6 to upgrade an existing beer and wine license previously granted to Bauducco's Restaurant, a full service restaurant, to allow the on -site sale and consumption of liquor in an establishment at 563 West Los Angeles Avenue, within Mission Bell Plaza. Beer and wine are currently served as approved by Administrative Permit No. 96 -26. Ordinance No. 234 adopted on July 16, 1997, established procedures, standards and requirements for commercial businesses selling 1, x0002 Honorable City Council December 12, 2000 Page 3 alcoholic beverages. Resolution No. 97 -1346, adopted on July 2, 1997, also identifies the procedure for the review of Conditional Use Permits as related to establishments selling alcoholic beverages. On -site sales of alcoholic beverages at a restaurant, as proposed by this application, requires the approval of a Conditional Use Permit. The decision making authority for this permit is vested with the City Council; there is no requirement for review by the Planning Commission. A notice of public hearing has been mailed to all property owners within 1,000 feet of the subject property, concerning this Conditional Use Permit application. Hours of Operation The Moorpark Police Department has recommended that a condition be imposed limiting the hours that alcohol may be served to between 6:00 a.m. to 12:00 a.m. (midnight). A condition of approval limiting the hours of operation has been included in the draft Resolution Exhibit No. 6). These hours are consistent with the requirements of Ordinance No. 234 regulating the sales of alcoholic beverages and liquor. Police Department Comments A copy of this application has been forwarded to the Police Department for review. The Police Department has indicated that they have no opposition to the approval of the request and have included conditions of approval which have been incorporated into the draft resolution. Approval Criteria Approval of an application for alcoholic beverage sales in an establishment requires that the following criteria be met: A) The use will not result in an over - concentration in the area of establishments selling alcoholic beverages. Response: Staff contacted Alcoholic Beverage Control (ABC) to determine the status of this application, including over - concentration and the policies and criteria by which the ABC and the City may act upon applications. An over - concentration of alcohol sales is determined by the ABC. An over - concentration exists, if there is an elevated number of reported crimes or the ratio of licensed points of sale to C�000a Honorable City Council December 12, 2000 Page 4 population in the Census Tract exceeds the ratio of licenses to population in the County (this ratio is one (1) on -site license for each approximate 908 persons). Census Tract 76.02, which is bounded on the north by High Street and Poindexter Avenue, on the east and south by the Arroyo Simi and on the west by Hitch Road, contains a population of approximately 6,900 persons. Alcoholic Beverage Control has determined that the twelve (12) existing licenses exceeds the eight (8) licenses authorized in this tract based upon the designated ratio noted above. ABC has determined that an over - concentration of points of sale of alcoholic beverages exists in this Tract. When an over - concentration is determined, the local governing agency (City of Moorpark) is granted authority under AB 2897 to make findings of Public Convenience and Necessity, that can result in a subsequent granting of approval to establish the alcohol sales location. Although an over - concentration has been deemed to exist, a Conditional Type 47 License (to allow the sale of alcohol beverages including liquor) could be approved by ABC if other modifying criteria have been meet which allow the permit to be approved. Examples of these criteria are: proximity of the use to other similar uses, location on a main thoroughfare, existence as a destination for workers and people passing through town, and the number of licenses in surrounding areas. The ABC permit, if it is approved, for this restaurant will be valid for one year, and must be renewed yearly including satisfaction of all conditions. This request is to upgrade a license for a business which already serves alcoholic beverages (beer and wine) with its full service menu, and does not represent approval of a new establishment selling alcohol. At present the nearest restaurants within Mission Bell Plaza selling alcoholic beverages are: Name Type of Sale Distance Beverage Served Dake Sushi On -site sales 830' Beer and Wine Exotic Thai On -site sales 820' Beer and Wine Pending In addition, there are four additional restaurants within the 1,000' notification radius of this application which serve beer and wine. These restaurants are located in the Moorpark Town Center and Park Lane Plaza. B) The use will serve a public convenience. Response: This restaurant currently serves beer and wine. The 00 04 Honorable City Council December 12, 2000 Page 5 pending request involves an upgrade to the existing license which will also allow the serving of liquor for patrons eating at the restaurant. C) The use will not create the need for increased police services. Response: The Police Department has been provided with a copy of this application and has responded that conditions typically established by ABC would be adequate for this proposal and that no significant calls for service have been generated in the history of the restaurant. D) The requested use at the proposed location will not adversely affect the economic welfare of the community. Response: The site is zoned Commercial Planned Development. Development of this project has been approved with a Commercial Planned Development and is in conformance with all code requirements and the requested use is conditionally permitted. E) 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. Response: The applicants site is one lease space in a multi - tenant commercial retail center. Because no external modifications are proposed to the existing building, the structure will not be inconsistent with the existing building or surrounding buildings. Environmental Determination This project is Categorically Exempt from CEQA requirements as a Class 1 exemption for the operation or alteration of private structures. SUMMARY This proposed change in status of an existing alcoholic beverage license, to allow the sale of liquor, has not been found to be detrimental to the community based upon the responses to the above- �: �OLt Honorable City Council December 12, 2000 Page 6 required findings. The service conjunction with food service in the delicatessen operation), wit However, package sales of beer a would continue from the Italian to the already available service package sales, is not viewed as upon ABC criteria. This request i Zoning Ordinance which apply to t are intended to implement the of liquor would the restaurant only h no bar or package nd wine is currently market /delicatessen. of beer and wine and an additional point s consistent with pr he respective zoning General Plan and occur only in not as part of sales allowed. authorized and Adding liquor beer and wine of sale based ovisions of the district which is therefore consistent with the General Plan. STAFF RECOMMENDATION Adopt Resolution No. 2001- approving Conditional Use Permit No. 2000 -6. Exhibits: 1) 2) 3) 4) 5) 6) General Plan Map Zoning Map Site Location Plan Floor Plan Police Dept. Approval Draft Resolution C C ()0() 6 i w 0 r 0 MOP USE am* laws . �J� jok� II an 1 W, w ,y a ..c t 0 a �i oa 't.. +. .. Jq 40 : ry i :O no, sa •-� Wl�j�,Ll n• s� � 2m. - MR Finfl. FI. .e1a11��lelee CEt17a +:1Ll:3e `e1e *P't11e11 [atNZ" 13 C.1 1 ..lifer':] G �0 # � ■tI1�I1te7 �Ipt 1111t111�11 t�uw� � Illltllllll va . .�.•1111�111111 t• e� � =NIIIt /1111 Its IT le•.. �±.-- t „-1 ► -i rry Tu it R . e . • Is =1 �Hllilj� TIM lllilll1111111 alll III iiili'� • -- �11 N,��,�....,� \16'11 isi7iarscr aw, ter.. salvo -8t1'R rn O C rn O 0 Z 0 0 0 0 Ln m m 0 v P e y� 2 m Tx 1 W Id AN r � ryl irn �n ro� Z m N C7 Z r'r �-�` - �-�' 1T-11 I 1 ! I I 1 ��'�I Il �� I TF1 I [T [ i TAT F-1-1 F! > T-tT Kw)( I �J_l 1-1-1 []-1-[ r1 -17-147 t PAD "A,. . I -- �'.;al � I f t 5,500 S.F. MAXI n • L 111.1. 1 I_IT ! t ��} -TT I TT I i z v_ PARCEL ! III PHASE 2 i -- ------------- - - - --- -y PARCEL 7 1- f 7, UU � t I PAD "B t I 3,000 S.F M !r �•---- -- -- ce - - - -- � !•i$ ,: 1 �.A� _ C 7 PARCEL- 2I SUB' PHASE A ,, 14-- �':� d) lam± HOPS "A" I THEATRE -.+.' ,,ate + � - -- l �> - —�r _ �• :A T I + l � • i� -I - -� � • = I SUB PHASE. • A <, I �' I I T : li L 3.500 .F. •: " •. / ise -67 - -I It c JU�ASC )1' I {. • PARCEL 4 1 IT . , . • .'] ' .. t L_ ICI I- •a, NI `'llt• «� �► ...L� t 2 1 ' L" • PARCEL 3 p �- - - -- - N L 10 in I _ v y7 .Y N O t�. 4 I� \ .' y�S�G �" •.ti Fr PARCEL 5 ' rlr • RECYCLE CENTER D riUrDOOR -• A n c f.l I Zlm 1 _PAD "D ' 1 5,000 S.F MAX. t _ L _ _ _j _ SUB-PHASE A EXISl!N( J� •r' - _•- •a�� 1��•�T�. I p w_r• 15 (i ON Sir i`— • - - - --� ♦I f PHASE 1 le. .- .r- 17�+IF±i�Ain1 Ut rt F• {f� l~•i_f� I. • pow k" Yl N 049D rlm Ho A wa n 01- P T T T, -, -1H AF, 7i JA� 11 1 Lill, 1 hi, I :;'J S91 1A cl -2 --I I r Moorpark Police Department " f �t 9' MEMORANDUM '''•� TO: Craig Malin, Assistant Planner FROM: Ed Tumbleson, Senior Deputy DATE: November 29, 2000 SUBJECT: CUP 2000 -06 Bauducco's Restaurant I have reviewed an application submitted to the City of Moorpark by F &P Bauducco Inc. to upgrade their current on sale beer and wine license to a full liquor type 47- restaurant liquor license. The type 47- liquor license would allow Bauddoco's to provide distilled liquor to customers that are in the restaurant. The type 47 license does not allow for customers to purchase alcoholic beverages to take out other than are currently allowed under their beer and wine off -sale license. I have reviewed the Moorpark Police Department's database for crime and police calls for service for the period from January 1996 to November 2000. There have been no nuisance type problems generated by Bauddoco's under their current restaurant license serving beer and wine. The Moorpark Police Department does not object to Bauducco's request to upgrade to a full liquor restaurant type license. However, the police department would recommend the following conditions. 1. The restaurant shall be open no later than 12:00 a.m. 2. Any violations of the ABC License or problems relating to noise or disturbances shall be grounds for revocation of this Conditional Use Permit. 3. Food service shall be available during all business hours that alcoholic beverages are sold. 4. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same time period. The licensee shall at all times maintain records which reflect separately the gross sale of food and the gross sales of alcoholic beverages of the licensed business. Said records shall be kept no less frequently than on a quarterly basis, and shall be made available to law enforcement on demand. 1 of 2 EXHIBIT 5 RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA APPROVING CONDITIONAL USE PERMIT NO. 2000 -06 (F &P BAUDUCCO INC.) TO ALLOW ON -SITE ALCOHOLIC BEVERAGE SALES IN A RETAIL ESTABLISHMENT (BAUDUCCO'S RESTAURANT) LOCATED AT 563 WEST LOS ANGELES AVENUE (APN 511- 0 -080- 570) WHEREAS, Administrative Permit No. 96 -26 was approved on November 6, 1996 to allow the sale of beer and wine at Bauducco's Restaurant; and WHEREAS, on November 14, 2000, the applicant applied for Conditional Use Permit No. 2000 -06 to upgrade the existing beer and wine license to also allow the on -site sale and consumption of liquor at Bauducco's Restaurant within Planned Development Permit No. 89 -1 (Mission Bell Plaza); and WHEREAS, this project will not have the potential to cause a significant effect on the environment and a Class 1 exemption from the provisions of the California Environmental Quality Act for the operation or alteration of private structures may be granted pursuant to Section 15061 of the CEQA guidelines; and WHEREAS, authority for the approval of Conditional Use Permits for the sale of alcoholic beverages is granted to the City Council pursuant to Ordinance No. 234 and as modified by Resolution No. 97- 1346; and WHEREAS, at its meeting of January 3, 2001, the City Council held a duly noticed public hearing to consider the application filed by F &P Bauducco, requesting approval of Conditional Use Permit No. 2000 -06; and WHEREAS, at its public hearing of January 3, 2001, the City Council, after accepting public testimony and after review and consideration of the information contained in the staff report dated December 12, 2000, and accepting public testimony, reached a decision on this matter. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Based upon the information and findings presented in this Resolution, accompanying documents and public testimony, the City Council finds that: EXHIBIT 6 Resolution No. 2001 - Page 2 a. The Conditional Use Permit is consistent with the intent and provisions of the City's General Plan and of the City Municipal Code. b. The Conditional Use Permit is compatible with the character of surrounding development. c. The Conditional Use Permit would not be obnoxious or harmful, or impair the utility of neighboring property or uses. d. The Conditional Use Permit would not be detrimental to the public interest, health, safety, convenience, or welfare. e. The conditionally permitted use is compatible with existing and planned land uses in the general area where the development is to be located. f. The use will not result in an over concentration in the area of establishments selling alcoholic beverages based upon the findings that a local jurisdiction may make under California State Law as included in the Agenda Report Dated December 12, 2000. g. The use will serve a public convenience. h. The use will not create the need for increased police services. i. The requested use at the proposed location will not adversely affect the economic welfare of the community. 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. The City Council conditionally approves Conditional Use Permit No. 2000 -06 for the on -site sale and consumption liquor (alcoholic beverages); SECTION 3. Approval of Conditional Use Permit No. 2000 -06 is hereby approved subject to the following conditions: C U013 Resolution No. 2001 - Page 3 1. Applicant must provide the Community Development Department with a copy of the Alcoholic Beverage Control (ABC) approval prior to sale of any alcoholic beverages. 2. This Conditional Use Permit is hereby approved for the sale of liquor in conjunction with food service only in the restaurant, with no bar or package sales allowed. Consumption of beer, wine or liquor is not allowed in the delicatessen area but packaged sale of beer and wine is permitted. Beer, wine or liquor may not be consumed outside of the restaurant or patio area. If specifically approved by the Director of Community Development through the issuance of a Temporary Use Permit for a special event, alcohol may be served under the south and west eaves and any adjacent tent. 3. The existing tables and chairs at the entrance to the Italian market /delicatessen shall be immediately removed or an application made for a Minor Modification to Commercial Planned Development 89 -1 to allow their placement for outdoor dining. 4. Any violations of the ABC license or problems relating to noise or disturbances resulting from this use shall be grounds for the initiation of proceedings for revocation of this Conditional Use Permit. 5. All conditions of approval of Administrative Permit No. 96 -26, Commercial Planned Development Permit No. 89 -1, Major Modification No. 1 to Commercial Planned Development Permit No. 89 -1, Minor Modification No's 1 through 7, and Permit Adjustments 1 through 6 shall apply to this application unless specifically modified by this Resolution. 6. Applicant shall provide the Community Development Department a copy of the Alcoholic Beverage Control (ABC) approval prior to the sale of liquor. 7. Approval of a Sign Permit is required prior to the installation of any sign. Signs shall be limited to one line of copy. Secondary signage advertising available goods and /or services shall not be allowed. 8. There shall be no advertising of any kind or type, including advertising directed to the exterior from "014 Resolution No. 2001 - Page 4 within, promoting or indicating the availability of alcoholic beverages. 9. The rear doors of the premises shall be equipped on the inside with an automatic locking device and shall be closed at all times, and shall not be used as a means of access by patrons to and from the licensed premises. Temporary use of these doors for the delicatessen delivery of supplies does not constitute a violation of this condition. 10. The applicant shall pay any outstanding case processing fees and all City legal service fees prior to the sale of liquor. 11. Hours of operation shall be limited to 6:00 a.m. to 12:00 a.m. (midnight). 12. There shall be no live entertainment, amplified music or dancing permitted on the premises without approval of an additional permit. 13. No increase in floor area is permitted without approval of an additional permit. 14. Any violations of the ABC License or problems relating to noise or disturbances shall be grounds for revocation of this Conditional Use Permit. 15. Food service shall be available during all business hours that alcoholic beverages are sold. 16. The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernable the appearance and conduct of all persons on or about the parking lot. 17. The applicant is responsible for promptly removing any litter on the site. 18. The petitioner(s) shall be responsible for the removal of graffiti from any property on or about the licensed premises, under the control of the licensee, within 48 hours. 19. The sale of wine that contains more than 14% alcohol by volume is prohibited. Resolution No. 2001 - Page 5 20. Applicant shall regularly monitor the area under their control in an effort to prevent the loitering of persons about the premises. 21. The licensee shall keep the property adjacent to the licensed premises and under the control of the license clear of newspaper racks, benches, pay telephones , bicycle racks and any other objects which encourages loitering. 22. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of food during the same time period. The licensee shall at all times maintain records which reflect separately the gross sale of food and the gross sales of alcoholic beverages of the licensed business. Said records shall be kept no less frequently than on a quarterly basis, and shall be made available to law enforcement on demand. 23. All employees and managers who sell or supervise the sale of alcoholic beverages shall attend a Leadership and Education in Alcohol and Drugs (LEAD) program, within ninety (90) days of their employment. The LEAD program is free of charge and facilitated by the California Department of Alcoholic Beverage Control. [The LEAD program curriculum is approximately four (4) hours in length and is designed to teach licensees, managers and employees on the responsibilities and laws concerning the sales of alcoholic beverages.] Within thirty (30) days of taking the LEAD course, the employees and manager shall deliver each required LEAD certificate showing completion of the course, to the Chief of Police. If there is an increase in calls for police services at Bauducco's related to alcohol problems and the Chief of Police declares that the LEAD program could mitigate the issues the Chief of Police may require that all employees and managers attend a LEAD program as a condition of this permit. 24. No employees shall sell liquor to a person under twenty - one (21) years of age. SECTION 4. The City Clerk shall certify to the adoption of this Resolution and shall cause a certified resolution to be filed in the book of original Resolutions. Resolution No. 2001 - Page 6 PASSED AND ADOPTED this day of Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk