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HomeMy WebLinkAboutAGENDA REPORT 1991 1106 CC REG ITEM 08F 742, xv ITEM - r appN MOORPARK (otes, m 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864 o, Meeting of 199_ ACTION: MEMORANDUM B� GG� �/r/,ll TO: Honorable City Council X-Q FROM: Patrick J. Richards, Director of Community Development DATE: October 23, 1991 (CC meeting November 6, 1991) SUBJECT: PD 897 Minor Modification No. 4 (Sanoja) Background Planned Development Permit No. 897 was approved by the County of Ventura on April 19, 1979 for a 21 ,875 sq. ft. neighborhood shopping center (Varsity Park Plaza). On November 7, 1990 the City Council adopted Resolution 90-717, approving Major Modification No. 1 for the construction of two free standing buildings totaling 3,300 sq. ft. Discussion This request is to allow the sale of alcoholic beverages at a restaurant in Varsity Park Plaza. On April 19, 1989 the City Council adopted a Policy regarding liquor sales in commercial centers. Planned Development Permits approved before March 15, 1989 are allowed retail beer and wine sales and consumption, only in conjunction with food service, with the approval of a Minor Modification Permit from the Director of Community Development. This Minor Modification request is from El Taco De Mexico, located at 6629 Princeton Road, for the sale of beer (no wines or liquor) with food served in the restaurant. Condition No. 39 of Resolution 90- 717 restricts the sale of alcohol to beer and wine in the center as well as limiting the hours of operation for all stores from 7:00 a.m. to 11 :00 p.m. PAUL W. LAWRASON JR. BERNARDO M. PEREZ SCOTT MONTGOMERY ROY E. TALLEY JR. JOHN E. WOZNIAK Mayor Mayor Pro Tern Councilmember Councilmember Councilmember Other establishments which sell liquor in this center are the Grotta Azzura Italian Restaurant, and the Handiest Food Mart (a convenience store). Neither the Grotta Azzura or the applicants restaurant has a fixed bar and neither sell 'hard liquor.' An application for a Liquor License has been filed with the Alcohol Beverage Control Department, which includes notification of all neighbors within 500 feet. Because alcohol will be sold in conjunction with food the Director of Community Development intends to approve this Minor Modification with the following conditions: 1 ) Limit the hours of operation from 7:00 a.m. to 11 :00 p.m. 2) Food service shall be available during all business hours that alcoholic beverage sales are available. 3) Prior City approval for entertainment is required where alcoholic beverages are sold. 4) The City reserves the right to modify the approved hours of operation if conditions require. The Director of Community Development has reviewed the proposed Minor Modification and intends to approve it with the above conditions in place. 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 desire to appeal the Director's decision a public hearing date should be scheduled. The next available hearing date is December 4, 1991 . If the Council takes no action then the Director's decision stands. Recommendation Receive and File this report Exhibits: Vicinity Map Site Plan Resolution 90-717 Liquor Policy Letter of approval from property owner cc: Planning Commission t \ \ • I Mn-i.•r's-t.,.r.Y4...e..4-.,..., ..*w; .v ..+tdrw,ioty.•r:s\\ }'Q ove 0;1.........•••,.........4,......-4004."..wrrnker-reo-ror.."4 - • . ____Irv. ,...Rp►"w4+r1Ie•' L ... . • . - . . . 101 .c— . 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No. 1 Applicant: George Shakibaum Meeting Date: November 7 , 1990 Page 7 noncompliance of the Conditions of Approval or for some other just cause. These conditions shall automatically be superseded by a related resolution or ordinance regarding condition compliance for entitlement approvals as adopted by the City Council . 35 . No use for which this permit is granted shall be commenced until certificate of Occupancy has been issued by the building and Safety Division. In addition, no certificate of Occupancy may be issued until all on-site improvements specified in this permit have been completed or the applicant has provided some form of financial security to guarantee the agreement such as a faithful Performance Bond. Said on-site improvements shall be completed within 120 days of issuance of the Certificate of Occupancy. In case of failure to comply with any term or provision of this agreement, the City Council may by resolution declare the surety forfeited. Upon completion of the required improvements to the satisfaction of the director of Community Development, the surety may be exonerated by action of the Director of Community Development. 36. The applicant shall contribute to the City of Moorpark an amount of $ .25 per square foot of gross floor area to support the City's current and future park system. 37 . The applicant shall contribute to the City of Moorpark's Art in Public Places Fund, an amount of $100 per each 1,000 sq. ft. of building floor area. 38 . The applicant shall comply with all the mitigation measures and reporting and monitoring program as shown on Exhibit 3 . 39 . That no liquor except wine and beer be sold on the project site. 40. That any lights used to illuminate the parking area shall be arranged so as to reflect the light away from any adjoining residential property. 41. That all operations authorized by this permit shall be restricted to between 7 :00 a.m. and 11:00 p.m. with all \ deliveries limited from 7 : 00 a.m. to 5: 30 p.m. ITEM 8 .1 MOORPARK 2h , ELOISE BROWN STEVEN KUENY ' Mayor Ar�, City Manager BERNARDO M. PEREZ f rpa j CHERYL J. KANE Mayor Pro Tem fir/49�"��//01" City Attorney CLINT HARPER, Ph. D. r�O \` PATRICK RICHARDS, A.I.C.P Councilmember - o�vv ` Director of PAUL LAWRASON ,� 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 l general public, future applicants, Alcoholic Beverage Control Board and J future staff members to transmit the Council ' s interest towards liquor sales and consumption within the City. • 799 Moorpark Avenue Moorpark, California 93021 (805) 529-686. k = 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; i - 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 . 411 • d/ dee 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 . ?AOORPARK; CALIFORNIA City Council Meeting of 31-/9 198j TION: I . .0• By , m m-.(.¢.1J RECEIVED OCT 2 2 ;S91 October 21 , 1991 To Whom It May Concern , George Shakiban dba Varsity Park Plaza Group hereby gives approval to Manny ' s El Taco De Mexico located at the Varsity Plaza in Moorpark to serve beer at that location . George Shakiban � " ^ ^ , . . . Allow me to introduce ourselves ' My wife end I hav� six children , in college , high school and elementary schoo} . our family has been in the restaurant bualnec� for elever � years in the Conejo Valley and one and u0nalF Yeu/ in Ae City of Moorpark . Our faithful patrons have given um successful establishments , one in Newbury Park , Thousand Oaks and now in the City of Moorpark . We have had continued requests from our customers , that being they woul'/ like to compliment their Mexican meel with a glass of be+r ' . ~ As this is a family restaurant and our main rocua 1y food , we would like to comply with our custon*rs by serving along with their meal , a glass of beer only , not wine or any other spirit . We will not have a fixed har , as no dato , this concept has worked very well with our other planes , allows families to eat in a comfortable atmosphere . our � buolnaoo sits approximately 20 people , we are open q; 00 a .m . to 9:00 p .m . daily ' Sincerely . , Manuel Saroja � � ' '