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
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