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Home My WebLink AboutAGENDA REPORT 1996 1002 CC REG ITEM 10DAGENDA REPORT City of Moorpark To: The Honorable City Council From: Nelson Miller, Director of Community Developme tt /. Prepared by Craig Malin, Assistant Planner Date: September 20, 1996 (CC meeting October 2, 1996) Subject: Consider Administrative Permit No. 96 -17 to allow on -site beer and wine sales in conjunction with a restaurant (West Coast Pizza) in the Mountain Meadows Plaza, located at the southwest corner of Tierra Rejada Road and Mountain Trail Street. Commercial Planned Development Permit No. 90 -2, Major Modification No. 1 was approved by the City of Moorpark on December 6, 1995 for the construction of Mountain Meadows Plaza, a 118,783 square foot commercial center. West Coast Pizza is currently located at 302 W. Los Angeles Avenue, in the Park Lane Plaza and does not currently have a permit to sell alcoholic beverages. Upon completion of Mountain Meadows Plaza, the applicant will relocate the business to the new location. Site CPD C -2 Commercial Center North RPD 3.1 M Single Family South RPD 12.21 VH Multi Family East PC S High School RPD 5 P City Park West RPD 16.83 VH Multi Family 000331: ADP 96 -17 West Coast Pizza Page 2 (Definitions of previous Zoning designations: CPD = Commercial Planned Development, RPD = Residential Planned Development, PC = Planned Community. General Plan Designations are: C -2 = General Commercial, M = Medium Density Residential, S = School, P = Park, VH = Very High Density residential) On August 15, 1996, West Coast Pizza filed an application to sell "on- sale" (for consumption on -site) beer and wine at a proposed restaurant in Mountain Meadows Plaza (which is currently under construction), at the corner of Tierra Rejada Road and Mountain Trail Street. State Assembly Bill No. 2897 requires that the Alcoholic Beverage Control Department obtain approval of Cities prior to issuance of a Liquor License. This procedure is accomplished through approval of a Liquor Public Convenience and Necessity Permit by the City. Resolution No. 95 -1170, adopted on December 20, 1995, approved the procedure for processing of Public Convenience and Necessity permits. This Resolution requires that the processing of applications for alcoholic beverage sales utilize the same procedures used for Administrative Permits with final authority determined by the City Council. This request is for the on -site sale of beer and wine at a proposed Italian restaurant in Mountain Meadows Plaza. Staff sent a notice of hearing on September 20, 1996 to all property owners within 300' of the subject site. Approval of an application for alcohol beverage sales requires that the following criteria be met: A) Does this use represent a public necessity or a public convenience. B) Does this use not represent an over concentration of alcohol sales in the area. The sale of beer and wine at a restaurant would represent a public convenience to persons shopping for other goods in the center and patrons of the restaurant. 000332 ADP 96 -17 West Coast Pizza Page 3 At present the nearest establishments selling alcoholic beverages are located on Los Angeles Avenue, and are approximately one mile distant. Two Administrative Permits have been approved by the Council for off -site sales of alcoholic beverages at the proposed Lucky's Market and Sav -On Drug Store. AB 2897 does not provide a definition of over concentration and leaves the determination to the local authority. Staff contacted the Moorpark Police Department who concurred with Staff's recommendation to approve the application. Pursuant to Resolution No. 95 -1170, this proposal has been reviewed by the Director of Community Development and is deferred for action to the City Council with the recommendation indicated. This project is Categorically Exempt from CEQA requirements as a Class 1 exemption, for the operation or alteration of private structures. Recommendation Adopt Resolution No. approving Administrative Permit No. 96- 17. Exhibits: 1) 2) 3) Resolution No. 96- Zoning Map Site Plan 000333 RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA APPROVING ADMINISTRATIVE PERMIT NO. 96 -17 (WEST COAST PIZZA) TO ALLOW ON SITE BEER AND WINE SALES IN CONJUNCTION WITH A RESTAURANT (WEST COAST PIZZA) IN MOUNTIAN MEADOWS PLAZA. WHEREAS, on August 15, 1996, the applicant applied for Administrative Permit No. 96 -17 to Commercial Planned Development Permit No. 90 -2 Major Modification No. l; and WHEREAS, the Director of Community Development referred the matter to the City Council on October 2, 1996; and WHEREAS, at its meeting of October 2, 1996, the City Council considered the application filed by West Coast Pizza, requesting approval of Administrative Permit No. 96 -17; and WHEREAS, at its meeting of October 2, 1996, the City Council after review and consideration of the information contained in the staff report dated September 20, 1996 reached a decision on this matter; and WHEREAS, the City Council determined that this project is categorically exempt from CEQA requirements as a Class 1 exemption for the operation of private structures. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. Based upon the information and findings presented in the staff report and accompaning documents, and public testimony, the City Council conditionally approved Administrative Permit No. 96 -17 for approval of a Liquor Public Convenience and Necessity Permit for the sale of beer and wine. SECTION 2. The City Council has determined that the application for Administrative Permit No. 96 -17 meets the requirements of the Moorpark Ordinance Code in that: a. The Administrative Permit is consistent with the intent and provisions of the City's General Plan and of the City Ordinance Code; PYWRIT 1 Reso 96- West Coast Pizza Page 2 b. The Administrative Permit is compatible with the character of surrounding development; C. The proposed Administrative Permit would not be obnoxious or harmful, or impair the utility of neighboring property or uses; d. The Permit would not be detrimental to the public interest, health, safety, convenience, or welfare; and 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 proposed project represents a public convenience and does not represent an over concentration of alcohol sales in this area. SECTION 3. Administrative Permit No. 96 -17 is hereby approved subject to the following conditions: 1. Approval of a Zoning Clearance is required prior to occupancy of the building. 2. Applicant must provide the Community Development Department with a copy of the Alcoholic Beverage Control approval prior to approval of the Zoning Clearance. 3. The use shall be open no later than 12:00 p.m. (midnight). 4. All required Police Department conditions must be complied with. 5. Food shall be available during all business hours that alcoholic beverages are sold. 6. Any entertainment shall require approval of a separate permit from the Community Development Department. lil , Reso 96- West Coast Pizza Page 3 SECTION 4. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED THIS _ DAY OF , 1996. ATTEST: Lillian E. Hare, City Clerk Paul W. Lawrason, Jr., Mayor 000336 111 r.7 No - ilit wnuninim :.u:. !)_ all y M . � ` • .�72 ■:.: I� s•• w �kq I �n m- liTl ��►l] I � QE41�1C70D OR I I I I l I I I I I I I 1 I FI I I � 9 C M x w CIO W JL_ _ u SITE PL.AN smllll Lllm lU�J/ Lam: 11.79 ec m 51",7: Lt F& 0: 10511 of ul. Land / D-di *x P-M : PC%) U71 1 P-t Ang VUrAe-w;2: = tiJU22 ,....a «....., P'crwtvg 6'vc*r Apd: 6Yo owaz IP`rrtarvi ol.vao: S,E1 / low RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA APPROVING ADMINISTRATIVE PERMIT NO. 96 -17 (WEST COAST PIZZA) TO ALLOW ON SITE BEER AND WINE SALES IN CONJUNCTION WITH A RESTAURANT (WEST COAST PIZZA) IN MOUNTIAN MEADOWS PLAZA. WHEREAS, on August 15, 1996, the applicant applied for Administrative Permit No. 96 -17 to Commercial Planned Development Permit No. 90 -2 Major Modification No. 1; and WHEREAS, the Director of Community Development referred the matter to the City Council on October 2, 1996; and WHEREAS, at its meeting of October 2, 1996, the City Council considered the application filed by West Coast Pizza, requesting approval of Administrative Permit No. 96 -17; and WHEREAS, at its meeting of October 2, 1996, the City Council after review and consideration of the information contained in the staff report dated September 20, 1996 reached a decision on this matter; and WHEREAS, the City Council determined that this project is categorically exempt from CEQA requirements as a Class 1 exemption for the operation of private structures. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. Based upon the information and findings presented in the staff report and accompaning documents, and public testimony, the City Council conditionally approved Administrative Permit No. 96 -17 for approval of a Liquor Public Convenience and Necessity Permit for the sale of beer and wine. SECTION 2. The City Council has determined that the application for Administrative Permit No. 96 -17 meets the requirements of the Moorpark Ordinance Code in that: a. The Administrative Permit is consistent with the intent and provisions of the City's General Plan and of the City Ordinance Code; oM334 Reso 96- West Coast Pizza Page 2 b. The Administrative Permit is compatible with the character of surrounding development; C. The proposed Administrative Permit would not be obnoxious or harmful, or impair the utility of neighboring property or uses; d. The Permit would not be detrimental to the public interest, health, safety, convenience, or welfare; and 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 proposed project represents a public convenience and does not represent an over concentration of alcohol sales in this area. SECTION 3. Administrative Permit No. 96 -17 is hereby approved subject to the following conditions: 1. Approval of a Zoning Clearance is required prior to occupancy of the building. 2. Applicant must provide the Community Development Department with a copy of the Alcoholic Beverage Control approval prior to approval of the Zoning Clearance. 3. The use shall be open no later than 12:00 p.m. (midnight). 4. All required Police Department conditions must be complied with. 5. Food shall be available during all business hours that alcoholic beverages are sold. 6. Any entertainment shall require approval of a separate permit from the Community Development Department. OMMS Reso 96- West Coast Pizza Page 3 SECTION 4. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED THIS — DAY OF , 1996. ATTEST: Lillian E. Hare, City Clerk Paul W. Lawrason, Jr., Mayor 000336 Tm r .�v i7. 1: CxlillM S _ — i 19%rii k . %{• �fBllol• itii:l � 1 m X :E co --i CA) ci ot CLEARWI010D rnr, a r. SMMM97� LW,6: 11.79 bom CA F&kjmdlnv: 1bC,169 8j. La,d I Oek3rxJ Ftrda: CX%) LZ7 11 prrtUmg P-qA-L 38 drilz preaLt.2 prcrwioad: 670 emm= pirtiryj %tOD: !'Al / I DCAJ D\l,