HomeMy WebLinkAboutAGENDA REPORT 1997 0820 CC REG ITEM 08BAGENDA REPORT
City of Moorpark
ITEM-i?a W
Y2
CITY OF MOORPARK, CALIFORNIA
City Council Meeting
of J42c 199_
To: The Honorable City Council
From: Nelson Miller, Director of Community Developm
Prepared by Craig Malin, Assistant Planner Q4AI
Date: July 21, 1997 (CC meeting August 20, 1997)
Subject: Consider Conditional Use Permit No. 95 -3 to allow on site
alcoholic beverage sales in conjunction with a restaurant
(La Playita) at 104 East High Street.
This application is to upgrade the existing beer and wine license
at La Playita restaurant to allow the on -site sale of alcoholic
beverages (beer, wine and spirits) . No modifications to the
building or site are proposed in this application.
Site CPD
(Commercial
Planned
Development)
North CPD
South M -1
(Industrial
Park)
C -2 (General
Commercial)
C -2
I -1 (Light
Industrial)
La Playita
High St./
Mayflower
Market
Metrolink +
Tracks
1000007
CUP 95 -3
Benjamin Cano
Page 2
East M -2 C -2 Grain
(Limited Elevator
Industrial)
West CPD C -2 BBQ Joint
Restaurant
r.
Ordinance Nos. 234 and 237, (adopted as an Urgency Ordinance) were
adopted on July 16, 1997, to regulate the processing of alcoholic
beverage applications. Applications for the sale of beer and wine
in conjunction with a restaurant use are to be processed as an
Administrative Permit. All other applications, including this
application to upgrade beer and wine to full alcohol sales requires
the processing of a Conditional Use Permit to be approved directly
by the City Council (without a recommendation by the Planning
Commission). The proposed location is within the Downtown Specific
Plan Area.
On September 28, 1995, Benjamin Cano filed an application to
upgrade an existing beer and wine permit to allow the on site sale
and consumption of all types of alcohol at 104 E. High St. On
October 26, 1995, this application was determined to be incomplete.
All applications require the approval of the property owner.
Although the applicant owned the building and has operated the
restaurant since prior to incorporation, the land was under the
ownership of the Moorpark Redevelopment Agency who could not
consent to the filing of an application when violations of the
zoning ordinance and building codes existed (Section 17.44.040 B).
These violations included a failure to obtain permits for various
improvements on the site as well as violations in the building. For
further information please refer to Exhibit E. The applicant
prepared plans to bring the site into code compliancg. zone
Clearance No. 97 -179 was approved on July 16, 1997, for ?carious
CUP95 -3 . SR
11111.:
CUP 95 -3
Benjamin Cano
Page 3
improvements outlined in Exhibit E., establish the legal status for
the use and the abatement of the building and planning violations
which existed on the site. Building Permits were issued for the
improvements on July 21, 1997. Except for re- stripping, no
improvements were required to the parking lot.
On July 16, 1997, the Moorpark Redevelopment Agency authorized the
Executive Director to sign the Conditional Use Permit application.
At a previous meeting on March 19, 1997, the Agency required that
the building (which is owned by Mr. Cano) be brought into
compliance with the City's Building and Zoning codes in order to
continue the lease of the property (which is owned by the Agency).
At the meeting of March 19, 1997, the Agency set certain time
frames for Mr. Cano to complete steps in the process for
compliance. He was to have obtained all permits necessary for
compliance by July, 1997, which occurred. All work and corrections
were to be completed by January 1, 1998. Based upon the issuance of
permits, the Agency authorized the execution of the application. It
was also pointed out that the Agency could cancel the lease for
non - compliance with City Codes, or for any reason whatsoever, with
thirty days notice. Approval of the Conditional Use Permit would
allow operation of the expanded use while work was still in
progress to complete compliance with City Codes.
There has also been discussions regarding parking lot improvements.
Since the Agency is the property owner, they could require these as
a condition of continuation of the lease. Although such
improvements would typically be addressed with new permits, such as
this, due to the nature of the continuing use as a restaurant and
the use of the parking area by heavy trucks for the grain elevator
(which is also on Agency property), improvements to the parking lot
and street frontage were deferred, when the permits for
improvements to the building were issued.
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.
Ordinance No. 234, adopted on July 2, 1997, approved the procedure
CUP95 -3.SR
111
CUP 95 -3
Benjamin Cano
Page 4
for processing of Public Convenience and Necessity permits. This
Resolution requires that the processing of applications for
alcoholic beverages sales (other than beer and wine served in a
restaurant) utilize the same procedures used for Conditional Use
Permits with final authority determined by the City Council.
This request is for an upgrade of the existing beer and wine permit
to allow the sales of general alcohol at the existing La Plate
restaurant at 104 E. High Street. Staff sent a notice of hearing on
August 8, 1997 to all property owners within 1,000' 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) 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 sale of
alcoholic beverages at the proposed site would represent a public
convenience for patrons of the restaurant who wish to have an
alcoholic beverage with their meal.
At present the nearest establishments selling alcoholic beverages
are: Red River Steakhouse (5601, on- site), Cactus Patch restaurant
(3501, on- site), Barakat Market (1,3001, off - site), La Gloria
Market (1,0501, off - site), Mayflower Market (2001, off - site),
Moorpark Central Market (7001, off - site), Secret Garden restaurant
(6501, on -site, not open yet), Tello's Restaurant (9001, on- site),
Tipsy Fox Market (1,7001, off - site), Chuy's (2,0501, on- site).
AB 2897 does not provide a definition of over concentration of uses
serving alcoholic beverages and leaves the determination to the
local authority.
Staff contacted the Moorpark Police Department who concurred with
staff's recommendation to approve the application and has submitted
conditions of approval to regulate this permit. Recommended
conditions of approval and findings are included in the attached
Resolution.
CUP95 -3.SR
CUP 95 -3
Benjamin Cano
Page 4
This project is Categorically Exempt from CEQA requirements as a
Class 1 exemption for the operation or alteration of private
structures.
Adopt Resolution No. 97- approving Conditional Use Permit No. 95 -3.
Exhibits: A) Resolution No. 97-
B) Police Dept. Conditions
C) Zoning Map
D) General Plan Map
E) Zone Clearance 97 -179