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HomeMy WebLinkAboutAGENDA REPORT 1996 1016 CC REG ITEM 10I/,._ _Lr AGENDA REPORT City of Moorpark 100 _. To: The Honorable City Council From: Nelson Miller, Director of Community Developmen4�0— Prepared by Craig Malin, Assistant Planner * Date: October 4, 1996 (CC meeting October 16, 1996) Subject: Consider Administrative Permit No. 96 -20 to allow on site alcoholic beverage sales in conjunction with a restaurant (Red River Steak and Fish House) at 233 East High Street. Conditional Use Permit No. 4085 was approved by the County of Ventura on April 15, 1982 for the construction of a 6,720 square foot commercial building, including restaurant uses. On August 20, 1996 a Zoning Clearance was approved by the City for occupancy of the building for a restaurant. Site C -2 C -2 Commercial North R -1 M Single Family South CPD C -2 Commercial East C -2 C -2 Commercial West C -2 C -2 Commercial (Definitions of Zoning designations are: R -1 = Single Family Residential, CPD = Commercial Planned Development, C -2 = General Commercial. General Plan Designations are: C -2 = General Commercial, M = Medium Density residential) 00()20+J ADP 96 -20 Mark Bailey Page 2 On September 4, 1996, Mark Bailey filed an application to sell "on- sale" (for consumption on -site) alcoholic beverages at 233 High Street at a proposed restaurant scheduled to open in October. 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 alcoholic beverages (beer, wine and liquor) at the proposed Red River Steak and Fish House at 233 High Street. Zoning Clearance 96 -211 was approved on August 19, 1996 for occupancy of the building. 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 alcoholic beverages at the Red River Steak and Fish House would represent a public convenience for patrons of the restaurant who wish to have an alcoholic beverage with their meal. At present the nearest establishments selling alcoholic beverages are: Cactus Patch restaurant (180 feet), Mayflower Market 720 feet), Barakat Market (730 feet) and La Playita restaurant (650 feet) . AB 2897 does not provide a definition of over concentration and leaves the determination to the local authority. 00020%; ADP 96 -20 Mark Bailey Page 3 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- 20. Exhibits: 1) Resolution No. 96- 2) Zoning Map 3) Site Plan 000207