HomeMy WebLinkAboutAGENDA REPORT 1997 0702 CC REG ITEM 09FI COT
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Date:
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ITEM-90
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AGENDA REPORT Cky comq Datms
City of Moorpark °f-- Ilop
The Honorable City Council
Nelson Miller, Director of Community Devel
Prepared by Craig Malin, Assistant Planner
June 20, 1997 (CC meeting July 2, 1997)
Subject: Consider Administrative Permit No. 97 -11 to allow on site
alcoholic beverage sales in conjunction with a restaurant
(Secret Garden) at 255 East High Street.
Planned Development Permit No. 943 was approved by the County of
Ventura on May 13, 1981 for the construction of a 1,950 square foot
commercial building. On April 16, 1997 a Zoning Clearance was
approved by the City for occupancy of the building for a
restaurant.
Direction Zonina General Plan Land Use
Site C -2 C -2 (General Commercial
(General Commercial)
Commercial)
North R -1 M (Medium Single
(Single Density Family
Family Residential) Residential
Residential)
South CPD C -2 High Street
(Commercial Commercial
Planned
Development)
•
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ADP 97 -11
Sofsky
Page 2
East C -2 C -2 Single Family
House
West C -2 C -2 Red River
Steakhouse
On June 5, 1997, Alex Sandra Abbey Sofsky filed an application to
sell "on- sale" (for consumption on -site) beer and wine at 255 East
High Street at a proposed restaurant scheduled to open in August of
1997.
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,
and wine only) at the proposed "Secret Garden" restaurant at 255 E.
High Street. Zoning Clearance 97 -91 was approved on April 16, 1997
for occupancy of the building. Staff sent a notice of hearing on
June 20, 1997 to all property owners within 300' of the subject
site for the hearing on this application for alcohol sales.
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 the proposed site would
represent a public convenience for patrons of the restaurant who
wish to have an alcoholic beverage with their meal.
IUOV4
ADP 97 -11
Sofsky
Page 3
At present the nearest establishments selling alcoholic beverages
are: Red River Steakhouse (1001), Cactus Patch restaurant (3001),
Barakat Market (6751), La Playita restaurant (7301), Mayflower
Market (8201), Tipsy Fox Market (1,0001) and Chuy's (1,5001).
AB 2897 does not provide a definition of over concentration and
leaves the determination to the local authority.
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.
Ordinance No. 232, adopted by the City Council on June 4, 1997,
which extended the moratorium on acceptance of applications for the
sale of alcoholic beverages provided an exception for applications
within the Downtown Specific Plan area. These applications were to
be processed in accordance with the procedures previously
established. The proposed location is within the Downtown Specific
Plan Area and has applied for an Administrative Permit as
previously established by Resolution No. 95 -1170.
Adopt Resolution No. 97- approving Administrative Permit No. 97 -11.
Exhibits: 1) Resolution No. 97-
2) Zoning Map
3) Location Map
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