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Home My WebLink AboutAGENDA REPORT 1996 1016 CC REG ITEM 10JITEM I0. AGENDA REPORT _1 l 1�91C City of Moorpark To: The Honorable City Council From: Nelson Miller, Director of Community Development'" Prepared by Craig Malin, Assistant Planner M Date: October 4, 1996 (CC meeting October 16, 1996) Subject: Consider Administrative Permit No. 96 -25 and Minor Modification No. 4 to Planned Development Permit No. 1065 to allow on -site beer sales in conjunction with a billiards establishment at 476 W. Los Angeles Ave. (Carton) Planned Development Permit No. 1065 was approved by the City Council (Resolution No. 87 -440) on December 16, 1987 for the construction of a 27,466 sq.ft. automotive service center. No other uses were requested by the applicant in the permit. On October 18, 1989, the City Council approved a motion to allow non -auto retail uses in the center (offices uses were not requested). This action allowed retail sales but not "service oriented sales such as laundromats or dry cleaners ". The resolution for approval of PD 1065 contained no provision for the sale of alcoholic beverages. On March 26, 1990 the City approved Minor Modification No. 1 to allow take out sales of beer and wine from an Italian Deli. Minor Modification No. 2 was approved on May 5, 1992 for the following requests: to allow office uses to be introduced into the tenant spaces that directly front Los Angeles Avenue, and to allow two tables which had already been placed outside the existing Italian Deli. On February 26, 1996, Zone Clearance 96 -31 was approved for the establishment of a billiards center at 476 W. Los Angeles Avenue, suite A -11. This space measures 2,739 square feet in size, contains 000214 ADP 96 -25 John Carton Page 2 nine billiards tables, three game machines and sells prepackaged food and soft drinks. Sale of alcoholic beverages were not approved. The approved hours of operation are Monday through Saturday 10:00 a.m. to 10:00 p.m., and Sunday 8:00 a.m. to 5:00 p.m. These hours are consistent with the approved hours for the center (Condition No. 2 of Resolution No. 87 -440 which approved PD 1065 limited hours in the center to 7:00 a.m. - 10:00 p.m. Monday - Saturday and 8:00 a.m. - 5:00 p.m. Sunday for retail /service uses). On March 21, 1996, Minor Modification No. 3 was approved to extend the allowed hours of operation (for the billiards use only) to change the closing hour from 10:00 pm on Monday - Saturday and 5:00 pm on Sunday to 1:00 am each day of the week. Condition No. 1 of this Minor Modification required that: "No alcoholic beverages may be sold, served or consumed on the premises. Alcoholic beverages may not be brought into the establishment by the patrons or employees." Site CPD C -2 Commercial Center North CPD C -2 Commercial Center South RPD 7u H Residential East CPD C -2 Con riercial Center West CPD C -2 Cal Trans Yard (Definitions of previous Zoning designations: CPD = Commercial Planned Development, RPD = Residential Planned Development. General Plan Designations are: C -2 = General Commercial, H = High Density Residential) On September 26, John Carton filed an application to sell "on- sale" (for consumption on -site) beer at an existing billiards establishment at 476 W. Los Angeles Avenue #A -11. State Assembly Bill No. 2897 requires that the Alcoholic Beverage Control Department obtain approval of cities prior to issuance of 000 ADP 96 -25 John Carton Page 3 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. Staff sent a notice of hearing on October 4, 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) This use represents a public necessity or a public convenience. B) This use does not represent an over concentration of alcohol sales in the area. The sales of alcoholic beverages could not in staff's opinion represent a public necessity. Staff believes that sales of beer at J.C. Billiards would represent a public convenience for patrons of this store. At present the nearest establishments selling alcoholic beverages are located on Los Angeles Avenue: Albertson's market(850' off - site), Am -Pm Mini Mart gas station (1,300' off - site), Canton restaurant (1,250" on- site), Coffee Grinder restaurant (1,200' on- site), E1 Pollo Charro (1401 on- site), Expresso Italian Deli (150' off - site), Hughes market (1,050' off - site), K -Mart (750' off - site), Park Lane Liquor (50' off - site), Shell gas station ( 275' off - site), Round Table Pizza (420' on- site), Thrifty's Drug Store (830' off - site). AB 2897 does not provide a definition of over concentration and leaves the determination to the local authority. 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. Since the approval of Minor Modification No. 3 in March 1996, this 0OU4 .b ADP 96 -25 John Carton Page 4 use has been operating with longer hours. The Police Department has indicated that there have not been any problems associated with the longer hours. When Minor Modification No. 3 was approved for longer hours, it was specifically conditioned that no alcoholic beverages be sold or served. The applicant is now requesting modification of these conditions to allow sale of alcoholic beverages (Minor Modification No. 4 and Administrative Permit No. 96 -25). Previous Council policy has indicated that any uses with alcoholic beverages shall be conditioned to close at 12:00 pm (midnight), which would modify the previous hours of operation. This project is Categorically Exempt from CEQA requirements as a Class 1 exemption, for the operation or alteration of private structures. Adopt Resolution No. approving Administrative Permit No. 96- 25 and Minor Modification No. 4 to Planned Development Permit No. 1065. Exhibits: 1) Resolution No. 96- 2) Zoning Map 3) Site Plan 4) Floor Plan 5) Minor Modification 3 conditions of approval RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OP MOORPARK, CALIFORNIA APPROVING ADMINISTRATIVE PERMIT NO. 96-25 AND MINOR MODIFICATION NO. 4 TO PLANNED DEVELOPMENT PERMIT NO. 1065 (JOHN CARTON) TO ALLOW ON SITE BEER SALES IN CONJUNCTION WITH A BILLIARDS ESTABLISHMENT (J.C. BILLIARDS) AT 476 W. LOS ANGELES AVENUE. WHEREAS, on September 26, 1996, the applicant applied for Administrative Permit No. 96-25 and Minor Modification No. 4 to Planned Development Permit No. 1065; and WHEREAS, the Director of Community Development referred the matter to the City Council on October 16, 1996; and WHEREAS, at its meeting of October 16, 1996, the City Council considered the application filed by John Carton, requesting approval of Administrative Permit No. 96-25 and Minor Modification No. 4 to Planned Development Permit No. 1065; and WHEREAS, at its meeting of October 16, 1996, the City Council after review and consideration of the information contained in the staff report dated October 4, 1996 reached a decision on this matter; and 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 accompanying documents, and public testimony, the City Council finds that : a. The project is Categorically Exempt from California Environmental Quality Act requirements as a Class 1 exemption for the operation of private structures. b. The Administrative Permit and Minor Modification is consistent with the intent and provisions of the City's General Plan and of the City Ordinance Code; c. The Administrative Permit and Minor Modification is compatible with the character of surrounding development; 000218 Reso 96-1240 John Carton Page 2 d. The proposed Administrative Permit and Minor Modification would not be obnoxious or harmful, or impair the utility of neighboring property or uses; e. The Permits would not be detrimental to the public interest, health, safety, convenience, or welfare; and f . The conditionally permitted use is compatible with existing and planned land uses in the general area where the development is to be located. g. The proposed project would not have a substantial adverse impact on surrounding properties . SECTION 2. The City Council conditionally approves Administrative Permit No. 96-25 and Planned Development Permit No. 1065 for the on-site sale of beer. SECTION 3. Approval of Administrative Permit No. 96-25 and Minor Modification No. 4 to Planned Development Permit No. 1065 is hereby approved subject to the following conditions: 1. Applicant must provide the Community Development Department with a copy of the Alcoholic Beverage Control approval prior to approval of the Zoning Clearance . 2 . Modified hours, as established by this permit, shall apply only to the billiards establishment in the center, which shall be open no later than 12 :00 p.m. (midnight) . 3 . Any violations of the ABC License or problems relating to noise or disturbances shall be grounds for revocation of these approvals. 4 . Food shall be available during all business hours that alcoholic beverages are sold. 5 . Any entertainment shall require approval of a separate permit from the Community Development Department . 00021,9 Reso 96 - John Carton Page3 6 . No fixed bar shall be provided without approval of a Major Modification. 7 . Except as modified by these conditions, all conditions of Resolution No. 87-440 and Minor Modifications 1 , 2 and 3 to Planned Development Permit No. 1065 remain in effect. SECTION 4. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED THIS DAY OF 1996. Paul W. Lawrason, Jr. , Mayor ATTEST: Lillian E. Hare, City Clerk 000220 i/ s. 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Q r � I w I I - r�;�ra -vnw w�� • - I I r0�8'}1G r i I I I M 7 s � oo-,E 1'n wJ.G_nNen ILLI r.. ,__„�_.z�— - �SPt -�= - =+ice l� ' }r -sV� ^� �..� w ...... �.5' •.II- 1v. -.= �Y.: _.:i2 __ _ , -.. .�._ .. -_ ? -o:•+ 2 3 4 5 6 - Pe >� r•r�e eF•n __ _.— ___.. __,.�� -.. nom.. 4' . s•sr - ..L.y. =� #�i 1 V` 1a..Q d. ♦'r.u.., f 1 t.�' 4aRVfGE >R JIG l !ulr.ar rP- .+. } n•..N. ex +! a •.... rtK. rst_ w.w ^ ., . . M.re . 1 COMMUNITY DEVELOPMENT DEPARTMENT APPROVAL OF A MINOR MODIFICATION March 21, 1996 Minor Modification No. 3 Planned Development Permit No. 1065 Filed by: John M. Carton 15300 Seitz Court Moorpark, Ca, 93021 Address /Location: 476 W. Los Angeles Ave. # A -11 Approved by the Director on: March 21, 1996 For: This Minor Modification request is for extension of hours of a billiards establishment from 10 :00 a.m. ay and 8:00 a.m. - 10:00 p.m. Monday - seven days a week. - 5:00 p.m. Sunday to 1:00 a.m. closing time seven Location: As shown on Attachment "1 ". The land involved is Assessor's Parcel No's: 506 -0 -050 -340. E A• The project is Categorically Exempt from CEQA requirements as a Class 1, Exemption for Operation of Existing Facilities. Q—rdinance Compliance: Based upon the information and findings developed by staff, it has been determined that this application, with the attached conditions, meets the requirements of Moorpark Ordinance Code Section 17.44.030 - Permit Standards, in that: a. The Minor Modification is consistent with the intent and provisions of the City's General Plan and the Zoning Ordinance; b. The Minor Modification is compatible with the character of surrounding development; C. The proposed Minor Modification would not be obnoxious or harmful, or impair the utility of neighboring property or uses; d. The Modification 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. Appeals: As stated in Section 1'7.44.090, within 16 calendar days after the permit has been approved, conditionally approved or denied, any aggrieved person may file an appeal of the approval, conditional approval or denial with the Community Development Department who shall set a hearing date before the City Council to review the matter at the earliest convenient date. This Minor Modification request has been conditioned to require that: 1) No alcoholic beverages may be sold, served or consumed on the premises. Alcoholic beverages may not be brought into the establishment by the patrons or employees. 2) These approved hours of operation are for the billiards establishment only. 3) Should this use vacate the center, any subsequent use must conform to the hours of operation specified in Resolution 87- 440. 4) Approval of the extended hours of operation in this permit may be revoked or the use of private security services may be required by the Director of Community Development upon notification by the Police Dept. that a significant number of calls for service have been received. Ric and Hare, Director of Community Development Date: Attachment l: Floor plan cc: Honorable City Council City Manager 00022:2