HomeMy WebLinkAboutAGENDA REPORT 1996 1120 CC REG ITEM 10AITEM
AGENDA REPORT r
i
CITY OF MOORPARK
To: The Honorable City Council �LL
From: Paul Porter, Senior Planner
Nelson Miller, Director of Community Developme �'�.,Z
Date: November 12, 1996 (CC meeting of November 20, 1996
continued from November 6, 1996)
Subject:
Consider Resolution No. 96- Relative to Administrative
Permit No 96 -17 to Commercial Planned Development Permit No.
90 -2 Major Modification No. 1 a Request 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 Rejada tNon a
Street. Staff Trail
BACKGROUND
Major Modification No. 1 to Commercial Planned Development Permit
No. 90 -2 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 have a
permit to sell alcoholic beverages. Upon completion of Mountain
Meadows Plaza, the applicant will relocate the business to the
plaza.
DISCUSSION
Administrative Permit No. 96 -17
On August 15, 1996, West Coast Pizza filed an application to sell
"on- sale" (for on -site consumption) beer and wine at a proposed
restaurant in Mountain Meadows Plaza, at the corner of Tierra
Rejada Road and Mountain Trail Street.
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O (M73
ADP 96 -17 and Minor Modification No. 2 to Major
Modification No. 1 to CPD 90 -2
West Coast Pizza
Page No. 2
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.
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
of operation for West Coast Pizza only.
Minor Modification No. 2 to Major Modification
The applicant has requested approval of
Sunday thru Thursday and a 12:00 a.m.
Friday and Saturday for their use only
a 11:00 p.m. closing time
(midnight) closing time on
(not the remainder of the
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ADP 96 -17 and Minor Modification No. 2 to Major
Modification No. 1 to CPD 90 -2
West Coast Pizza
Page No. 3
center). Although the approved Alcohol Beverage Control Permit
Review 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.
The Condition of Approval states as follows:
Hours of Operation
7. That the hours of operation for the shopping center be from
6:00 a.m. to 10:00 p.m. Vacuuming of the parking area or the
use of any noise producing equipment shall not take place
between the hours of 10:00 p.m. and 6:00 a.m. Further
requests to extend the hours of operation shall require public
notification to property owners within 1,000 feet of the site.
Any request to change this condition to allow longer hours of
operation requires the filing of a Minor Modification and
notification of all property owners within 1,000' of the site. A
completed Minor Modification application for longer hours has been
received and notification has been sent to surrounding property
owners w:Lthin a 1,000' radius of the project site.
Staff Analysis
Staff is of the opinion that allowing the hours of operation to be
modified for one lessee could be precedent setting as the other
lessees would be required to close at 10:00 p.m. The Council can
consider the following options regarding the applicant's request to
modify the hours of operation:
1. Deny the applicant's request to extend the hours of
operation and require the applicant to adhere to the
hours of operation as expressed in Condition No. 7 of
Major Modification No. 1 to CPD 90 -2 which requires the
applicant to close no later than 10:00 p.m.
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ADP 96 -17 and Minor Modification No. 2 to Major
Modification No. 1 to CPD 90 -2
West Coast Pizza
Page No. 4
2. Extend the hours of operation for West Coast Pizza only
by allowing the facility to remain open on Friday and
Saturday evenings until 12:00 a.m. (midnight)
3. Extend the hours of operation for West Coast Pizza only
until 11:00 p.m. Sunday thru Thursday and 12:00 a.m.
(midnight) Friday and Saturday.
4. Modify the hours for the entire shopping center to a time
to be determined by the City Council based on information
provided at the hearing.
RECOMMENDATIONS
1. Take testimony regarding the request to modify the hours of
operation for West Coast Pizza and make a determination
regarding the requested modification of Condition No. 7 of
Major Modification No. 1 to CPD 90 -2 regarding the hours of
operation for either the shopping center or West Coast Pizza
only.
2. Adopt Resolution No. approving Administrative Permit No.
96 -17 and denying the applicant's request for a modification
to the hours of operation.
Exhibits:
1. Resolution approving Administrative Permit No. 96 -17
2. Zoning Map
3. Site Plan
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