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HomeMy WebLinkAboutAGENDA REPORT 1996 1106 CC REG ITEM 10AAGENDA REPORT City of Moorpark To: The Honorable City Council From: Nelson Miller, Director of Community Develop Prepared by Craig Malin, Assistant Planner 7 °/Ia- Date: October 25, 1996 (CC meeting November 6, 1996, continued from October 16, 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 Council 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. Direction Zoning General Plan Land Use 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 OWV90 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 amends sections 23958 and 23958.4 of the Business and Professions Code to provide that the Department of Alcoholic Beverage Control shall deny an application for a license, if issuance of that license would tend to create a law enforcement problem, or an undue concentration of licenses. The Department may issue a license if the City Council determines that public convenience or necessity would be served. Resolution No. 95 -1170, adopted on December 20, 1995 provides that the processing of applications for alcoholic beverage sales utilize the procedures used for Administrative Permits with the decision deferred to the City Council. The applicant has requested approval of a 12:00 a.m. (midnight) closing time for their use only (not the remainder of the center). Although the approved Liquor Policy (adopted by the Council on April 19, 1989) allows establishments selling alcohol to remain open until 12:00 a.m., Condition No. 7 of Resolution No. 95 -1164 (approving the center) set a closing time of 10:00 pm for all businesses in the center. Any request to change this condition to allow longer hours of operation will require the filing of a Minor Modification and notification of all property owners within 1,000' of the site. As of the date of this report, a completed Minor Modification application for longer hours has not been received. The applicant is currently having the mailing labels prepared for the property owners within a 1,000' radius. "WL 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 Lucky's Market and Sav -On Drug Store under construction. Staff contacted the Moorpark Police Department. The Moorpark Police Department had no information indicating the granting of a license would tend to create a law enforcement problem. 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 proposal was heard by the City Council on October 16, 1996, and continued to verify the requirements for hours of operation for this center and the process for reviewing. The applicant has requested a continuance in order to complete the application for a Minor Modification to allow consideration of a change to the hours or operation for the center (see Exhibit 1). This project is Categorically Exempt from CEQA requirements as a Class 1 exemption, for the operation or alteration of private structures. It is recommended that the City Council continue Administrative Permit No. 96 -17 to the November 20, 1996 meeting. Exhibits: 1) Request for Continuance. 2) Zoning Map 3) Site Plan 'Ind a� gAjtA /,r-k rvwru.,:;�� r a-- ,c. -e 11 %-W-��(j OLVY\l� q(D - 1'-� - U& A- �L a a-, . ty #t/tzw v, �roC2s5 V�tST LUS-I-t, llut I h -0a rr-Y"AnOrd ,OWO93. EXHIBIT 1 L" a:rc c 0 CLEARWDOO DR " _ T - - �- I _.rte _ .. m x SITE Pt.AN summemy Lm-4: 11.79 ecm !M,721- t,4. �^ caumdLna: 1O5,1D1 a3. Land / MOOng P-rdo: (220X) &M 11 P -tsV gym: xsa . PYYf(1hg Flxrv6o)&d: S%D tbkib �tli�lfl) Q3:fAED: &AI / 1Dqu Ttd. �,P wO�C�R H a'1 v�[ 3110 • T ^ .i w cosm w •...r.. ww . o...o .. e �• i