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HomeMy WebLinkAboutAGENDA REPORT 1996 1016 CC REG ITEM 07Nfi • 1 ITEM i AGENDA REPORT CITY OF MOORPARK 1 TO: The Honorable City Council FROM: Nelson Miller, Director of Community Developme _y DATE: October 9, 1996 (CC Meeting of October 16, 1996, continued from 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. This item was continued from the City Council meeting of October 2, 1996, due to questions relating to conditions on the shopping center regarding limitations on hours of operations. City Council also requested staff to report Ranch restaurant and the Lamppos t Avenue. regarding limitations on the Wood Pizza located on New Los Angeles Condition No. 7 of Major Modification No. 1 to Commercial Planned Development Permit No. 90 -2 limited the hours of operation for the shopping center from 6:00 a.m. to 10:00 p.m.. It required that any request to extend the hours shall require public notification to property owners within 1,000 feet of the site. The applicant was informed of this information and has requested a continuance in order to file a minor modification and provide the required notice to surrounding property owners, to request a change to the permitted hours of operation (see Exhibit 1). Regarding the permitted hours of operation for the Wood Ranch restaurant, Major Modification 89 -1 to Planned Development -966, approved August 2, 1989, limited the hours from 10:00 a.m. to 1:00 a.m., although this approval was subsequent to the Policy limiting hours of operation with alcoholic beverages to 12:00 p.m., which was adopted on April 11, 1989. Lamppost Pizza located in the same shopping center was previously established and does not appear to have any limitation on hours imposed by the City. It is recommended that the City Council recognize applicant's C.\ OFF S C E \WPW2 N \WP nOC S \CASES \AP 9 6 3-7c--m . WPn 0063.17 Administrative Permit 96 -17 October 16, 1996 Page 2 request and continue this time to November 6, 1996, which will allow filing of a Minor Modification and notice to surrounding property owners, requesting a change of hours of operation for this use, to be considered at the same meeting. Attachment: Exhibit 1 C x _ WPD WA V LILS qlo 7. owe �.cu.�f uo� ,� /�rK�, -1 oa4� bj� C-6 Lk-� CAk i RECEIVED OCT - 91996 (,iiy W NfWpark Go M'111ty %elopmesrt Exhibit 1 Administrative Permit 96 -17 October 16, 1996 bijk.,"!j AGENDA REPORT City of Moorpark ITEM O• Do-) _ ra _ To: The Honorable City Council From: Nelson Miller, Director of Community Developme6J4w�__ Prepared by Craig Malin, Assistant Planner (l," 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. 0Uo332 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. 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; 0Q=4 F!V4111 El b IN ADP 96 -17 -- West Coast Pizza Page 3 At present the nearest establishment selling alcoholic beverages are located on Los Angeles Avenue, nd are approximately one mile distant. Two Administrative Perm' s have been approved by the Council for off -site sales of alc holic beverages at the proposed Lucky's Market and Sav -On Drug S ore. AB 2897 does not provide a de inition of over concentration and leaves the determination to thilar local authority. Staff contacted the Moorpark Police Department who concurred with Staff's recommendation to a rove the application. Pursuant to Resolution No. P5 -1170, this proposal has been reviewed by the Director of Communi�y Development and is deferred for action to the City Council with the recommendation indicated. _ This project is Categprically Exempt from CEQA requirements as a_ Class 1 exemption, for the operation or alteration of private structures. Recommendation I Adopt Resolution N�- approving Administrative Permit No. 96- 17. Exhibits: 1) Resolution No. 96- 2) Zoning Map 3) Site Plan 0003 -33 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 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. 111 Kr m Goa r tit dill Iv tr. 1� tlftJtf7 I ® � ±a�1n� fs tsw ■ �� i *s ipwal a ME! 1V _=�I I f 1111111 t1111t i 11 ' 'ri1..1111 W�r;��i��f1�j;�:.: MALL1] CM M .�•� r' M:M.1. WN /111111 ' 'ri1..1111 W�r;��i��f1�j;�:.: MALL1] �itftff�'��c�_n�... .'..... +� /111111 0 MALL1] +� /111111 ci at A it SITE 13�AN 82mmiunmy LMd: 11 -T9 &a-Vc 51* 72:S s.1. F&VmdLrqQ: losviol L-g. Land I bub*U RvO3: PQ%) L471 1 P-ting MquL-12: = MIM22 Ptrwtvo FTarvM&d: 97u dwAlz D\io - I. lz� 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; 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. !1 ,M 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 Q0Q33ca I P::; rCP D wag . � e7oo•� w M•1 v��er � th w. p ray.F Mi a " CIA r16W � li :: er Al IIIIIIIt11111 w "•ray -�� r, r rr 1 .Al. IML1101■ = MEWjw 4.4NOi , I i I~ �'�� 1111 r■ w �igtiIL IL Lu� m x 00 W 1 � � GLE41a000D DR � -� ! I I I ! I 1 I 1 �Y+EUIOOD DR 1 I •r' /� ' 1 •� I � � 0 ot n SITE PLAN sl:.IUII000Uur Und: 11.79 acm 51:,723 t,1. F&UffidLn©: 1tt iol ail. Land I buCOng PrOo: (20%) Sall 11 p-tAry r-q vd: TM tai 6"awtvj 6TVWmd: 6711 amp ftrwryj ir,.a¢bn: &Al / Corti p•