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AGENDA REPORT 1998 0819 CC REG ITEM 09C
TO: FROM: i ITEM . G • AGENDA REPORT 0TV" OF N10ORP,,%RK, CALIFORTNU CITY OF MOORPARK achy Cou'161 INiecting of �/'�q4 � Af The Honorable City Council ree 0�w*11henda Iron Nelson Miller, Director of Community Prepared by Wayne Loftus, Planning Manager DATE: August 7, 1998 (CC meeting of 8/19/98) SUBJECT: Consider Conditional Use Permit No. 98 -2 to establish a nightclub with live entertainment provided by a band with dancing and to commence use of an existing bar at the E1 Rodeo Restaurant, located on the north side of High Street between Moorpark Avenue and Walnut Street at 79, 83, and 95 E. High Street. Summary: The Planning Commission on June 22, 1998, denied a request for a Conditional Use Permit to establish and operate a nightclub including dancing and live entertainment provided by a band and for the activation of an existing bar in the El Rodeo restaurant. The nightclub and 300 square foot dance floor together with 16 small tables and seating for 80 persons is proposed for the building formerly occupied by the Simi Valley Bank which is approximately 2,650 square feet in area. The bar which is proposed to be activated is located in the El Rodeo Restaurant at 79 E. High Street and has existed since 1988, originally as part of the Golden Belle Steakhouse, but has not been utilized as part of the El Rodeo operation. Alcohol service from the bar was originally authorized through a zone clearance for Golden Belle Steakhouse but the ability to serve alcohol from the bar was lost when the facility was closed for six months and the ordinance was changed (bar service became a non - conforming use) to require a Planning Commission Conditional Use Permit to establish a bar. El Rodeo Restaurant is currently licensed by Alcoholic Beverage Control (ABC) to serve beer and wine at the eating tables only. The current request if approved would extend the service of beer and wine to the bar; no other changes concerning the type of alcoholic beverages served has been requested. C: II niWaff reporlslcup98 -2 El Rodeo.wpd The Honorable City Council Conditional Use Permit 98 -2 August 7, 1998 Page 2 Connecting doorways will join all segments of the existing or proposed, dining area, bar, live entertainment (stage) and dance floor together, so that access to one activity appears to allow access to other use areas as well. The most recent floor plan submitted by the applicant on August 3, 1998, indicates the various elements of the overall facility including the smaller dance floor of 300 square feet (dance floor was 750 square feet previously), includes a stage (not previously shown) and identifies seating for 216 where seating for 170 was previously discussed. The overall size of the establishment has been verified at 4,117 square feet which is approximately 300 square feet larger than previously identified by documents submitted to the Planning Commission which showed the same area as 3,823 square feet in size. Based on the requirements currently in the parking section of the Zoning Ordinance, the overall required parking for uses within the existing and proposed portions of this request would require 21 spaces. Parking requirements are based upon square footage and not seating capacity. Twenty -eight (28) spaces actually exist on the site. However, only 26 total spaces would be required under the code for all uses in this complex, which includes the produce market and vacant barber shop. This parking ratio is % of the parking requirement stipulated by the ordinance since the proposed location is in the Downtown District. Background: On June 22, 1998, the Planning Commission adopted Resolution No. PC 98 -355 denying this request for a Conditional Use Permit to establish a nightclub with live entertainment provided by a band with dancing and to commence use of an existing bar at the El Rodeo Restaurant. This action by the Planning Commission was taken following public testimony over the course of two hearing dates on June 8 and 22, 1998. During the public testimony portion of these hearings comments were offered by members of the Moorpark Community Church located at the northeast corner of Charles Street and Walnut Avenue, who testified against the proposal and also submitted a petition at the June 8, 1998 hearing (see Attachment 6) signed by 56 persons against the C: UmWaff reportslcup98 -2 El Rodeo.wpd The Honorable City Council Conditional Use Permit 98 -2 August 7, 1998 Page 3 request. Testimony against the request included concerns relating to noise, excessively large crowds, inadequate parking to meet the demand, hours of operation inconsistent with adjacent uses, and an overall concern that the use was not compatible with the area. Following completion of testimony at the June 8, Commission hearing, staff was directed to prepare a resolution to deny the request and the hearing was closed. However, the Commission subsequently reopened the hearing and continued it to June 22 to consider the resolution. At the June 22 meeting the applicant provided additional testimony and submitted a petition with 143 signatures (see Attachment 7) in support of their request. A representative of the Chamber of Commerce also spoke in favor of the applicant's request. Also, for this meeting the applicant submitted revisions to their application (see Attachment 8) indicating that live entertainment would take place on weekends and holidays and the proposed hours of operation involving live entertainment would be 7:00 p.m. to 1:00 a.m. The previously stated hours of operation for the overall facility including restaurant, bar and nightclub were 8:00 a.m. to 1:00 a.m. City code currently prohibits the service of alcoholic beverages after midnight, unless longer hours are approved by City Council. At the close of the hearing on June 22, 1998, the Planning Commission voted to deny the applicant's request indicating that issues related to; concern over the free flow of customers through the facility, that provisions to handle large crowds had not been submitted, and noise, parking, and compatibility with adjacent uses including hours of operation had not been resolved, nor had the issue of adequate plans and facilities to meet building code requirements for the number of potential persons that could occupy the premises. The Planning Commission also felt that this use was in conflict with the pending Downtown Specific Plan. However, based upon the current Draft Downtown Plan, a nightclub could be allowed with approval of a Conditional Use Permit by the Planning Commission. The staff report prepared by the Community Development Department for the Planning Commission hearings incorporated an analysis of this project in relation to existing uses, the vision of the C.•IlmWaff reportslcup98 -2 El Rodeo. wpd it 4 � tie 9 The Honorable City Council Conditional Use Permit 98 -2 August 7, 1998 Page 4 pending Downtown Specific Plan and responses from other departments and agencies including the Police Department who had no comments or statistics relating to concerns about the proposed nightclub use at the time of the Planning Commission hearing, but submitted extensive conditions. Since the action taken by the Planning Commission on June 22, the Police Department has further evaluated this request and has prepared a memo dated August 11, 1998 (Attachment 9) relating their concerns. The information that has been presented relates to a previous similar use at a different location in the community which required the ongoing attention of the Police Department. Prior to taking action the Planning Commission carefully considered all aspects of this request, which did not include the information presented by the above referenced memo and denied the proposal for the reasons previously stated. A resolution for approval with conditions is also presented for consideration, which is the same recommendation originally presented to the Planning Commission on June 8, 1998. This proposed project is Categorically Exempt under Section 15301 of the California Environmental Quality Act (CEQA) as a Class 1 Exemption for the operation of private structures. Recommendation: 1. Open the public hearing and take testimony. 2. Close the hearing. 3. Either affirm Planning Commission denial of Conditional Use Permit 98 -2, or adopt Resolution No. 98- approving Conditional Use Permit No. 98 -2 subject to the conditions of approval included in the resolution. Attachments: 1. Floor Plan dated 8/3/98 6. Moorpark Community Church petition 2. City Council Resolution 7. Revive High Street petition 3. PC Staff Report of 6/8/98 8. Application revisions dated 6/17/98 4. PC Staff Report of 6/22/98 9. Police Department memo dated 8/11/98 5. PC Resolution No. PC -98 -355 C: I /mWaff reporlslcup98 -2 El Rodeo. wpd r D D C7 K m z R1:MpJFIINl. HALLS KMMAININ4 BLOUC Wh1:1-S FM'MOVfN6 WAILS NON - 0tAPJKG CXIi Si&m — TYPICAL m ibA•rT1t.RY BA4K -UP ecii ofn A.) bar 1358 1�es+au fo n+ S a c, )1fv-e- Ioor ipso Di ex1T Q MANGE PJKK 900¢ Q BATH ® STORA &E (2 )--HAM'l 6AT41 (NEW) ® 5TA GI=. 100 0 NSW OPF- F-MINC— 5HUE {bO F� c C�4 .N tc)� �9N16µs-r i35o� Sec+ko n A ��TN ExSTw BAT kF -o wc � M Q.tl a IL BAR GOIJNTER LEPSG EX�r� 6o Sr AZ s BA.R nn SHOP Y1 401 III l =-SMLJ 83 NIGu ST- 914 5 #161# �T• 1950 _— T - 1 • lv aR-K 9 L 5ecki00d onC. STOQ6 IJEk10 OPPILE Qoo�l BATH HAN.DI• 5O Ej BAT.HTORAb� BATH F0o 9 5KTH OFtI« IG RE5TAURANT \rl SCATS i FLUOFR AND SITTING PLAN K5U OPP1:J 1J NG 0 591-611 O SSRVE V7009 ® C DANG!< Fl-00R NP-W SITTING AIWA 80 S CATS o-5 F7 F7 °� -S-GALS: lhl 1 � OII RESOLUTION NO. 98- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA APPROVING CONDITIONAL USE PERMIT NO. 98 -2 (ORTIZ) TO ALLOW ESTABLISHMENT AND OPERATION OF A NIGHTCLUB WHERE LIVE ENTERTAINMENT IS PROVIDED BY A BAND, DANCING MAY TAKE PLACE AND ALCOHOL IS SERVED AT A BAR IN CONJUNCTION WITH AN EXISTING RESTAURANT (EL RODEO RESTAURANT) AT 79, 83 AND 95 E. HIGH ST. (APN 512- 0 -091- 060) WHEREAS, on February 4, 1998, the applicant applied for Conditional Use Permit No. 98 -2 to establish and operate a nightclub where live entertainment is provided by a band and dancing may take place and alcoholic beverages are served at a bar as an expansion of an existing restaurant. On -site consumption of alcoholic beverages is limited to beer and wine, and may be served at the existing bar, or as table service as currently approved for the El Rodeo Restaurant at 79 and 83 E. High Street; and WHEREAS, This project will not have the potential to cause a significant effect on the environment and an exemption from the provisions of the California Environmental Quality Act may be granted pursuant to Section 15061 of the CEQA guidelines; and WHEREAS, Authority for the approval of Conditional Use Permits for the establishment and operation of a nightclub is granted to the Planning Commission pursuant to Moorpark Municipal Code Section 17.20.060; and WHEREAS, Authority to sell Alcoholic Beverages limited to beer and wine at an eating place may be approved with an Administrative Permit; and WHEREAS, at its meeting of August 19, 1998, the City Council held a duly noticed public hearing to consider the application filed by Javier Hernandez Ortiz, requesting approval of Conditional Use Permit No. 98 -2; and WHEREAS, at its public hearing of August 19, 1998, the City Council, after review and consideration of the information contained in the staff report dated August 7, 1998, and accepting public testimony, directed preparation of a resolution for approval of this application; C:\Wstaff reports\CUP98- 2B.RES.wpd 0 J c V V ATTACHMENT 2 Resolution 98- Conditional Use Permit 98 -2 (Ortiz) Page 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. Based upon the information and findings presented in this Resolution, accompanying documents and public testimony, the City Council finds that: a. The Conditional Use Permit is consistent with the intent and provisions of the City's General Plan and of the City Zoning Ordinance. b. The Conditional Use Permit is compatible with the character of surrounding development. C. The Conditional Use Permit would not be obnoxious or harmful, or impair the utility of neighboring property or uses. d. The Conditional Use Permit would not be detrimental to the public interest, health, safety, convenience, or welfare. e. The conditionally permitted use is compatible with existing and planned land uses in the general area where the development is to be located. f. The use will not result in an over concentration in the area of establishments selling alcoholic beverages. g. The use will serve a public convenience. h. The use will not create the need for increased police services. i. The requested use at the proposed location will not adversely affect the economic welfare of the community; and j. The exterior -appearance of the structure will not be inconsistent with the external appearance of commercial structures already constructed or under construction on surrounding properties, or within the immediate neighborhood so as to cause blight, deterioration or substantially diminish property values within the neighborhood. C: \Wstaff reports \CUP98- 2B.RES.wpd 00.6 u Resolution 98- Conditional Use Permit 98 -2 (Ortiz) Page 3 SECTION 2. The City Council conditionally approves Conditional Use Permit No. 98 -2 for the establishment and operation of a nightclub with live entertainment provided by a band, including dancing, and use of the existing bar portion of El Rodeo Restaurant for the service of beer and wine only. SECTION 3. Approval of Conditional Use Permit No. 98 -2 is hereby approved subject to the following conditions: COMMUNITY DEVELOPMENT DEPARTMENT: 1. Applicant must provide the Community Development Department with a copy of the Alcoholic Beverage Control (ABC) approval prior to the sale or serving of only beer and wine in the expanded area. 2. This Conditional Use Permit is hereby approved only for live entertainment provided by a band and to allow dancing. No other form of live entertainment is allowed without modification of this permit. 3. All conditions of approval of Administrative Permit 97 -22, Zone Clearance 97 -279, 98 -182, and Ordinance 234 apply except as modified by this Resolution. 4. Any violations of the ABC license or problems relating to noise or disturbances resulting from this use requiring enforcement action by the Police Department or Code Enforcement personnel may be grounds for the initiation of proceedings for revocation of this Conditional Use Permit. 5. Approval of a Sign Permit is required prior to the installation of any sign. Signs shall be limited to one line of copy. Secondary signage advertising available goods and /or services shall not be allowed. 6. The hours of operation for the bar and nightclub, area shall be no earlier than 8:00 am and no later than 12:00 am (midnight). Live entertainment may take place between 7:00 p.m. and 12:00 a.m. (midnight) on Friday, Saturday and Sunday and all holidays. The restaurant hours of operation may take place between 7:00 a.m. and 12:00 a.m. (midnight). Alcoholic CAA mistaff reports\CUP98- 2B.RES.wpd li V "4 ..s I6s Resolution 98- Conditional Use Permit 98 -2 (Ortiz) Page 4 beverages (beer and wine) may only be served between the hours of 7:00 a.m. and 12:00 a.m. midnight 7. At all times when the restaurant is open for business, the sale and service of alcoholic beverages shall be made only in conjunction with the sale and service of food. No alcoholic beverages shall be served unless food service is also available. 8. The sale of beer, wine or any alcoholic beverage for consumption off the premises is prohibited. 9. There shall be no pool tables or coin - operated games maintained upon the premises at any time except for those that may be approved by separate permit. 10. All exterior doors shall be kept closed at all times during the operation of the premises except in cases of emergency and to permit deliveries. 11. There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages which are clearly visible to the exterior shall constitute a violation of this condition. 12. All windows facing the street shall be clear of obstructions, signs and posters to allow visibility from the street. 13. A minimum of 24 marked parking spaces meeting the size and access criteria specified by Section 17.32 of the Zoning Ordinance shall be continuously available on site for customers of the use or uses involved in or associated with this application. Handicapped spaces, including numbers and appropriate sizing required under the Americans with Disabilities Act (ADA) shall be provided and properly marked and signed and are intended to be part of the total required 24 spaces. 14. The parking lot to the rear of the premises shall be equipped with lighting of sufficient power to illuminate and make C:\lm\staff reports\CUP98- 2B.RES.wpd Resolution 98- Conditional Use Permit 98 -2 (Ortiz) Page 5 easily discernible the appearance and conduct of all persons on or about the parking lot. 15. Lighting in the parking area of the premises shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the window area of nearby residences. 16. Lighting devices shall be high enough as to prohibit anyone on the ground from tampering with them unless tamper proof fixtures are approved by the Director of Community Development. All exterior lighting devices shall be protected by weather and breakage resistant covers. 17. The applicant shall be responsible for maintaining free of litter the area adjacent to the premises over which he has control. 18. The applicant shall be responsible for the removal of graffiti from any property on or about the licensed premises, under the control of the licensee, within 48 hours. 19. The applicant .shall regularly police the area under their control in an effort to prevent the loitering of persons about the premises. 20. No pay phone shall be maintained on the exterior of the premises. 21. "Nb loitering" signs shall be posted to the rear of the property and on property adjacent to the licensed premises, under the control of the licensee. Such signs shall measure no less than 7" x ill, and the lettering shall be no less than 1" in height. 22. The licensee shall keep the property, adjacent to the licensed premises and under the control of the licensee, clear of newspaper racks, benches, pay telephones, bicycle racks, and any other objects which may encourage loitering. 23. Access to restrooms shall be from the interior of the building only. C: \Wstaff reports \CUP98- 2B.RES.wpd Resolution 98- Conditional Use Permit 98 -2 (Ortiz) Page 6 24. Pursuant to the California Vehicle Code, section 21107.8: Prior to Occupancy, the applicant shall request the City to enforce appropriate vehicle codes on subject property as permitted by California Vehicle code Sections 21107. 25. After occupancy the applicant shall provide one or more security guards on -site, at such times as required by the Police Department. 26. The building shall not be occupied by more persons than allowed by the.Ventura County Fire Code. 27. The Director of Community Development may declare a development project that is not in compliance with the conditions of approval or for some other just cause, a "public nuisance ". The applicant shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with the conditions of approval or applicable codes. If the applicant fails to pay all City costs related to this action, the City may enact special assessment proceedings against the parcel of land upon which the nuisance existed (Moorpark Municipal Code Section 1.12.080) 28. Landscaping shall be installed in the parking lot behind the building prior to the establishment of the nightclub or expansion or sale of alcoholic beverages. Applicant shall install eleven (11) trees of fifteen (15) gallon size, and irrigation lines, in treewells adjacent to the building and property lines. The type and location of trees, and design of the irrigation. lines shall be subject to approval of the Director of Community Development. The applicant shall bear the cost of the installation and maintenance of the landscaping and irrigation. The landscaping and irrigation shall be in place and receive final inspection prior to occupancy as determined by the Director of Community Development. 29. The continued maintenance of the landscaping, permit area, and facilities shall be subject to periodic inspection by the City. The permittee shall be required to remedy any defects in C:\lm\staff reports\CUP98- 2B.RES.wpd Resolution 98- Conditional Use Permit 98 -2 (Ortiz) Page 7 ground or building maintenance, as indicated by the Code Enforcement Officer within thirty (30) days after notification. 30. The applicant and successors, heirs, and assigns shall remove any graffiti within five (5) days from written notification by the City of Moorpark. All such graffiti removal shall be acdomplished to the satisfaction of the Director of Community Development. 31. Unless the project is inaugurated (tenant improvements completed or substantial work in progress) not later than one (1) year after this permit is granted, this permit shall automatically expire on that date. The Director of Community Development may, at his or her discretion, grant up to one (1) additional one year extension for project inauguration if there have been no changes in the adjacent areas and if applicant can document that he or she has diligently worked towards inauguration of the project during the initial two year period. The request for extension of this entitlement shall be made. in writing, at least 30 -days prior to the expiration date of the permit. 32. If any of the conditions or limitations of this permit are held to be invalid by a court of competent jurisdiction, that holding shall not invalidate any of the remaining conditions or limitations set forth. 33. No conditions of this entitlement shall be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply, the stricter ones shall take precedence. 34. Except as may be approved by this permit, no outside storage of any materials shall be permitted at any time. No parking, loading or unloading of any trucks is allowed between 10:00 pm and 6:00 am. Trucks may be parked in designated spaces only for loading and unloading for short periods, only between the hours of 6:00 am and 10:00 p.m. C:\Wstaff reports\CUP98- 2B.RES.wpd Resolution 98- Conditional Use Permit 98 -2 (Ortiz) Page 8 35. No noxious odors shall be generated from any use on the subject site. 36. All uses and activities shall be conducted inside the building(s) unless otherwise authorized by the Director of Community Development or as approved by this Permit Adjustment. 37. Prior to approval of construction plans for plan check or initiation of any construction activity, all required permits from the Building and Safety Department shall be approved. 38. All exterior building materials and paint colors shall match the existing unless substitute materials and colors that meet the requirements of the Downtown Plan are approved by the Community Development Department. 39. All equipment and other noise generation sources on -site shall be attenuated to 55 dBA at the property line, or to the ambient noise level at the property line measured at the time of the occupant request. Prior to the issuance of a zoning clearance for initial occupancy or any subsequent occupancy, the Director of Community Development may request that a noise study be submitted for review and approval which demonstrates that all on -site noise generation sources would be mitigated to the required level. The noise study must be prepared by a licensed acoustical engineer in accordance with accepted engineering standards. 40. This development is subject to all applicable regulations of the General Commercial Zone, and all requirements and enactments of Federal, State, Ventura County, the City authorities and any other governmental entities, and all such requirements and enactments shall, by reference, become conditions of this permit. 41. Thd permittee's acceptance of this permit and /or commencement of construction and/ or operations under this permit shall be deemed to be acceptance of all conditions of this permit. C:11m1staff reports\CUP98- 2B.RES.wpd 0 0'.� C Resolution 98- Conditional Use Permit 98 -2 (Ortiz) Page 9 SECTION 4. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED THIS 19 DAY OF AUGUST, 1998. Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk CUP98- 2B.RES.wpd City of Moorpark Community Development Department Staff Report PLANNING COMMISSION MEETING DATE: June 8, 1998 AGENDA ITEM NO.: 9.B. €CUP 98 -2 REQUEST TO ESTABLISH AND OPERATE A NIGHTCLUB WITH ENTERTAINMENT AND ALCOHOL SALES. APN 512 -0 -091 -060 ICEQA CATEGORICAL EXEMPTION APPLICANT JAVIER HERNANDEZ ORTIZ,OWNER: GEORGE SHAKIBAN REQUEST: Conditional Use Permit to establish a nightclub with live entertainment provided by a band with dancing and to commence use of an existing bar at the E1 Rodeo Restaurant. Planning Commission action on this application will be final unless an appeal is filed. ENVIRONMENTAL ASSESSMENT: This project is Categorically Exempt under Section 15301 of the California Environmental Quality Ace (CEQA) as a Class 1 Exemption for the operation of private structures. LOCATION: The property is located at on the north side of High Street between Moorpark Avenue and Walnut Street at 79, 83 and 95 F- Hi_ah St-rPPr _ C:\0FFICE\CLA10\CUP98 -2.SR ATTAC H.M,. 3 CUP 98 -2 (Ortiz) Planning Commission Staff Report Page 2 BACKGROUND AND PRIOR ACTIONS: There are no available records of any permits being issued by either the County or City planning departments for construction of this commercial building. The following non - construction permits from the City and County have been approved for the site: * Zone Clearance (ZC) 37075 was approved by the County of Ventura on October 5, 1981 for a take out pizza restaurant. * ZC 88 -36 was approved on January 27,1988 for occupancy of a restaurant at 79 and 83 E. High Street. Originally the Golden Belle Steakhouse and Saloon, later became the Whistlestoppe Restaurant. * ZC 89 -565 was approved on December 8, 1989 for entertainment (three piece combo) in the Whistlestoppe Restaurant. * ZC 97 -174 was approved on July 16, 1997, for occupancy of a restaurant at 83 E. High Street selling fast food with one pool table. The premises were never occupied. * ZC 97 -279 was conditionally approved on November 4, 1997 for occupancy of El Rodeo Restaurant at 9 and 63 E. High Street, in the former Whistlestoppe Restaurant. Occupying 2,161 square feet, the approved hours are from 6:00 a.m. to 10:30 p.m., seven days a week. * Administrative Permit ADP 97 -22 was approved by the Director of Community Development on February 6, 1998, for on -site sale of beer and wine in E1 Rodeo Restaurant. * ZC 98 -82 was approved on April 30, 1998, for a pool table in western portion of the restaurant (79 E. High St.) . This application was conditioned to prohibit persons under the age of 21 in the room where the pool table is located while beer and wine is available. Food and beverages must be served at all times while the pool table is on the premises. C:\0FFICE\CLAIG\CUP98 -2.SR CUP 98 -2 (Ortiz) Planning Commission Staff Report Page 3 PROJECT DESCRIPTION: The applicant is requesting approval of a Conditional Use Permit to establish a nightclub with live entertainment (band and dancing only) at 95 E. High Street. This will include a dance floor of approximately 750 square feet, 25 tables and 100 seats and commencing use of a previously constructed, but not used bar at 79 E. High Street, which is a portion of the E1 Rodeo Restaurant. This request includes a proposal to utilize the existing bar in the E1 Rodeo Restaurant for the serving of beer and wine. The E1 Rodeo Restaurant is currently licensed by the Alcoholic Beverage Control (ABC) to serve beer and wine at the eating tables only. ORDINANCE /POLICIES: Section 17.20.060 of the Zoning Ordinance includes nightclubs as an allowed use in the General Commercial (C -2) zone with a Planning Commission approved Conditional Use Permit. No definition of a nightclub is contained in the Code. However, in light of the applicants request to use the existing bar and provide live entertainment through the use of a band and including dancing, this use would commonly be referred to as a nightclub. A Conditional Use Permit is a discretionary permit subject to site plan review, determination of site and location suitability and may be conditioned at the time of a hearing to insure that impacts to the neighborhood and community are identified and minimized. Conditional Use Permits may be granted if all of the identified standards and criteria are met, or if conditions and limitations, are imposed to allow the standards to be met. C: \0FFICE \CLAIG \CUP98 -2.SR j o ,3 n CUP 98 -2 (Ortiz) Planning Commission Staff Report Page 4 GENERAL PLAN / ZONING: Direction Zoning General Plan Lard Use Site C -2 (General C -2 (General El Rodeo Restaurant Commercial) Commercial) North C -2 C -2 Moorpark Produce East C -2 C -2 Vacant commercial building, Walnut St. West C -2 C -2 Vacant commercial building South C -2 C -2 High Street BBQ Joint Parking lot Explanation: C -2 Zoning: General Commercial C -2 General Plan: General Commercial Note: this site is within the boundaries of the Redevelopment Agency and within the proposed Downtown Specific Plan. ANALYSIS: SITE DESCRIPTION: The subject site (79 and 83 High Street) is currently the El Rodeo Restaurant, and is divided into two sections, with a total area of 2,161, square feet. The eastern section is the dining room, the western section contains a small fiance floor of approximately 100 square feet., a pool table, large screen television, and bar which was originally installed by the Golden Belle Steakhouse in 1988 and is not currently in use. The two sections of the site are connected by one doorway for public use, as well as through the kitchen. The kitchen is located in the rear of the lease space between these two sections. A total of 76 seats can be included when combining both C:\0FFICE\CLAIG\CUP98 -2.SR J 0.3 , °f ;� CUP 98 -2 (Ortiz) Planning Commission Staff Report Page 5 portions of the restaurant. Separate lease spaces within the same building includes: a vacant former barbershop to the west of -' -e site and the former Simi Valley Bank to the east. The former bank lease area at 95 E. High Street is currently vacant and lacks a physical connection to the restaurant at this time. PARKING: At the present time, this parcel contains two buildings with four tenant spaces. One building contains Moorpark Produce and the other building includes the restaurant and two vacant lease areas (former barbershop and bank). The required number of parking spaces for each type of use is indicated in the chart that follows. This chart considers the proposed nightclub in the former bank to be counted at the restaurant rate of 1 space per 100 square feet. due to the provision of tables and chairs. Under Section 17.32.025 of the Municipal Code, uses in the Downtown Area are permitted to have h of the number of parking spaces required for the same use elsewhere in the City. The ratios identified in this report are those required in the Downtown Area. DOWNTOWN PARKING RATIOS Use Square Feet Required Spaces Vacant Barbershop 546 1 (retail ratio) El Rodeo 2,161 11 (restaurant rate) Vacant Bank 1,662 8 (as nightclub) Produce 2,072 4 (retail ration) Total: 6,441 24 A total of 28 spaces are provided on site, which exceeds the Fequired number of spaces by four. Additionally, off -site parking is available as curbside parking on High and Walnut Streets (which does not count toward the required total). The entrance to the restaurant is on High Street with a rear entrance on the north side of the building, leading to the parking lot. C: \0FFICE \CLAIG \CUP98 -2.SR CUP 98 -2 (Ortiz) Planning Commission Staff Report Page 6 Downtown Specific Plan: On October 13, 1997, the Planning Commission acopted a Resoluticn recommending approval of the Downtown Specific Plan which included the subject property. This plan, which incorporates the subject site with the designation of C -OT (Old Town Commercial) is currently being reviewed by the City Council, with adoption expected prior to the end of 1998. Bars, taverns and nightclubs are listed in the pending Specific Plan as a use that may be permitted in the C -OT Zone with a Planning Commission approved Conditional Use Permit. Compatibilitv: The surrounding properties are zoned for commercial uses which is consistent with the General Plan Land Use designation of General Commercial (C -2). This proposed use is compatible with the surrounding commercial and is located in such a manner that it will be compatible with existing or planned uses including those surrounding the site. Impairment of Adjoining Property: The proposed nightclub is in a commercial zone and is not adjacent to any residences and it is not expected that the nightclub operation will disturb the surrounding uses. Also, the proposed facility is separated from neighboring properties so as not to affect other uses, therefore, the use will not be harmful or detrimental to neighboring properties or uses. Landscaping of the subject site: Due to the configuration of the building, landscaping could not be added to the site which would be visible from High Street. Trees could be installed in treewells in the parking lot without the loss of parking spaces. Staff recommends adoption of a condition requiring the installation of trees in the parking lot. OTHER AGENCY REVIEW: This application has been reviewed by the Community Development and Police Departments. Conditions from these Departments have C:\0FFICE\CLAIG\CUP98 -2.SR J® .),C 4 CUP 98 -2 (Ortiz) Planning Commission Staff Report Page 7 been included in the Resolution if approval of this proposed project occurs. ZONING / GENERAL PLAN CONSISTENCY: The proposed operation of a nightclub (bars, taverns and nightclubs)is consistent with the uses allowed under Section 17.20.060 (General Commercial - C -2 zone) of the Zoning Ordinance. The land use designation of the General Plan for this site is General Commercial therefore the zoning and proposed uses are consistent with the General Plan. RECOMMENDATION: 1. Open the public hearing and accept public testimony. 2. Make the Appropriate Findings which are specified in Resolution No. PC 98- including the environmental determination. 3. Adopt Resolution No. PC 98- , approving Conditional Use Permit No. 98 -2 subject to the conditions of the Resolution. EXHIBITS: 1. Draft Resolution and Conditions of Approval 2. Site Plan 3. Floorplan 4. Zone Clearance 97 -279 5. ADP 97 -22 approval 6. Zone Map 7. General Plan Map C: \0FFICE \CLAIG \CUP98 -2.SR ��13C I RESOLUTION NO. PC 98- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA APPROVING CONDITIONAL USE PERMIT NO. 98 -2 (ORTIZ) TO ALLOW ESTABLISHMENT AND OPERATION OF A NIGHTCLUB WHERE LIVE ENTERTAINMENT IS PROVIDED BY A BAND AND DANCING MAY TAKE PLACE AND ALCOHOL IS SERVED AT A BAR IN CONJUNCTION WITH AN EXISTING RESTAURANT (EL RODEO RESTAURANT) AT 79, 83 AND 95 E. HIGH ST. (APN 512- 0 -091- 060) WHEREAS, on February 4, 1998, the applicant applied for Conditional Use Permit No. 98 -2 to establish and operate a nightclub where live entertainment is provided by a band and dancing may take place and alcoholic beverages are served at a bar as an expansion of an existing restaurant. On -site consumption of alcoholic beverages is limited to beer and wine, and may be served at the existing bar, or as table service as currently approved for the El Rodeo Restaurant at 79 and 83 E. High Street will take place; and WHEREAS, This project will not have the potential to cause a significant effect on the environment and an exemption from the provisions of the California Environmental Quality Act may be granted pursuant to Section 15061 of the CEQA guidelines; and WHEREAS, Authority for the approval of Conditional Use Permits for the establishment and operation of a nightclub is granted to the Planning Commission pursuant to Moorpark Municipal Code Section 17.44.030; and WHEREAS, at its meeting of June 8, 1998, the Planning Commission held a duly noticed public hearing to consider the application filed by Javier Hernandez Ortiz, requesting approval Of Conditional Use Permit No. 98 -2; and WHEREAS, at its public hearing of June 8,1998, the Planning Commission, after review and consideration of the information contained in the staff report dated June 8, 1998, and accepting public testimony, directed preparation of a resolution for approval of this application; C:%0FFICEICLAIGICUP98 -2. RES EXW5411 Reso PC 98- Ortiz Page 2 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. Based upon the information and findings presented ;n this Resolution, accompanying documents and public testimony, the Planning Commission finds that: a. The Conditional Use Permit is consistent with the intent and provisions of the City's General Plan and of the City Zoning Ordinance. b. The Conditional Use Permit is compatible with the character of surrounding development. C. The Conditional Use Permit would not be obnoxious or harmful, or impair the utility of neighboring property or uses. d. The Conditional Use Permit would not be detrimental to the public interest, health, safety, convenience, or welfare. e. The conditionally permitted use is compatible with existing and planned land uses in the general area where the development is to be located. f. The use will not result in an over concentration in the area of establishments selling alcoholic beverages. g. The use will serve a public convenience. h. The use will not create the need for increased police • services. i. The requested use at the proposed location will not adversely affect the economic welfare of the community; and j. The exterior appearance of the structure will not be inconsistent with the external appearance of commercial structures already constructed or under construction on CA0FFICEICLAIGICUP98 -2. RES j()6 C ,4r, Reso PC 98- Ortiz Page 3 surrounding properties, or within the immediate neighborhood so as to cause blight, deterioration or substantially diminish property values within the neighborhood. SECTION 2. The Planning Commission conditionally approves Conditional Use Permit No. 98 -2 for the establishment and operation of a nightclub with live entertainment provided by a band, including dancing, and use of the existing bar portion of E1 Rodeo Restaurant for the service of beer and wine only. SECTION 3. Approval of Conditional Use Permit No. 98 -2 is hereby approved subject to the following conditions: COMMUNITY DEVELOPMENT DEPARTMENT: 1. Applicant must provide the Community Development Department with a copy of the Alcoholic Beverage Control (ABC) approval prior to the sale or serving of any alcoholic beverages in the expanded area. 2. This Conditional Use Permit is hereby approved only for live entertainment provided by a band and to allow dancing. No other form of live entertainment is allowed without modification of this permit. 3. All conditions of approval of Administrative Permit 97 -22, Zone Clearance 97 -279, 98 -182, and Ordinance 234 apply except as modified by this Resolution. 4. Any violations of the ABC license or problems relating to noise or disturbances resulting from this use may be grounds for the initiation of proceedings for revocation of this Conditional Use Permit. S. Approval of a Sign Permit is required prior to the installation of any sign. Signs shall be limited to one line of copy. Secondary signage advertising available goods and /or services shall not be allowed. CA0FFICEICLAIGICUP98 -2 RES Reso PC 98- Ortiz Page 4 5. Hours of operation for the restaurant and nightclub shall be no earlier than 8:00 am and no later than 12:00 am (midnight). 7. At all times when the restaurant is open for business, the sale and service of alcoholic beverages shall be made only in conjunction with the sale and service of food. 8. The sale of beer, wine or any alcoholic beverage for consumption off the premises is prohibited. 9. Entertainment provided shall not be audible beyond the area under control of the licensee. 10. There shall be no pool tables or coin - operated games maintained upon the premises at any time except for those that may be approved by separate permit. 11. All exterior doors shall be kept closed at all times during the operation of the premises except in cases of emergency and to permit deliveries. 12. There shall be no exterior advertising of any kind or type, including advertising directed to the exterior from within, promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages which are clearly visible to the exterior shall constitute a violation of this condition. 13. All windows facing the street shall be clear of obstructions, signs and posters to allow visibility from the street. 14. The parking lot to the rear of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot. CAOFFICEICLAIGICUP98 -2.RES 0 -]t �J Reso PC 98- Ortiz Page 5 15. Lighting in the parking area of the premises stall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the window area of nearby residences. 16. Lighting devices shall be high enough as to prohibit anyone on the ground from tampering with them unless tamper proof fixtures are approved by the Director of Community Development. All exterior lighting devices shall be protected by weather and breakage resistant covers. 17. The petitioner shall be responsible for maintaining free of litter the area adjacent to the premises over which he has control. 18. The petitioner shall be responsible for the removal of graffiti from any property on or about the licensed premises, under the control of the licensee, within 48 hours. 19. Petitioners shall regularly police the area under their control in an effort to prevent the loitering of persons about the premises. 20. No pay phone will be maintained on the interior or exterior of the premises. 21. "No loitering" signs shall be posted to the rear of the property and on property adjacent to the licensed premises, under the control of the licensee. Such signs shall measure no less than 711 x 11" and the lettering shall be no less than 1" in height. 22. The licensee shall keep the property, adjacent to the licensed premises and under the control of the licensee, clear of newspaper racks, benches, pay telephones, bicycle racks, and any other objects which may encourage loitering. CAOFFICEICLAIGICUP98 -2 RES Resc PC 98- Ortiz Page 6 23. Access to restrooms shall be from the interior of the building only. 24. Pursuant to the California Vehicle Code, section 21 .8: I (A) Any city or county may, by ordinance or resolution, find and declare that there are privately owned and maintained off street parking facilities as described in the ordinance or resolution within the city or county that are generally held open for use of the public for purposes of vehicular parking. Upon enactment by a city or county of the ordinance or resolution, Sections 22350, 23103, and 23109 and the provisions of Division 16.5 (commencing with Section 38000) shall apply to privately owned and maintained off street parking facilities, except as provided in subsection (B). (B) Notwithstanding the provisions of subsection (A), no ordinance or resolution enacted thereunder shall apply to any off street parking facility described therein unless the owner or operator has caused to be posted in a conspicuous place at each entrance to that off street parking facility a notice not less than 17 by 22 inches in size with lettering not less than one inch in height, to the effect that the off street parking facility is subject to public traffic regulations and control. � No ordinance or resolution shall be enacted under subsection (A) without a public hearing thereon and 10 days prior written notice to the owner and operator of the privately owned and maintained off street parking facility involved. (D) Section 22507.8 may be enforced without enactment of an ordinance or resolution as required under subdivision (a) or the posting of a notice at each entrance to the off street parking facility as required under subdsection (B). (E) The department shall not be required to provide patrol or enforce any provisions of this code on any privately C A0FF IC E \C LA I G \C U P98 -2. RE S 006C 3 1 Reso PC 98- Ortiz Page 7 owned and maintained off street parking facility subject to the provisions of this code under this section exceot those provisions applicable to private property other than by action under this section. 25. After occupancy the applicant shall provide a security guard on -site, if required by the Police Department. 26. The building shall not be occupied by more persons than allowed by the Ventura County Fire Code. 27. The Director of Community Development may declare a development project that is not in compliance with the conditions of approval or for some other just cause, a "public nuisance ". The applicant shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with the conditions of approval or applicable codes. If the applicant fails to pay all City costs related to this action, the City may enact special assessment proceedings against the parcel of land upon which the nuisance existed (Moorpark Municipal Code Section 1.12.080) 28. Landscaping shall be installed in the parking lot behind the building. Applicant shall install eleven (11) trees of fifteen (15) gallon size, and irrigation lines, in treewells adjacent to the building and property lines. The type and location of trees, and design of the irrigation lines shall be subject to approval of the Director of Community Development. The applicant shall bear the cost of the installation and maintenance of the landscaping and irrigation. The landscaping and irrigation shall be in place and receive final inspection prior to occupancy as determined by the Director of Community Development. 29. The continued maintenance of the landscaping, permit area, and facilities shall be subject to periodic inspection by the City. The permittee shall be required to remedy any defects in ground or building maintenance, as indicated by CAOFFICE \CI.AIG \CUP98 -2. RES Reso PC 98- Ortiz Page 8 the Code Enforcement Officer within thirty ,'30) days after notification. 30. The applicant and successors, heirs, and assigns shall remove any graffiti within five (5) days from written notification by the City of Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the Director of Community Development. 31. Unless the project is inaugurated (tenant improvements completed or substantial work in progress) not later than one (1) year after this permit is granted, this permit shall automatically expire on that date. The Director of Community Development may, at his or her discretion, grant up to one (1) additional one year extension for project inauguration if there have been no changes in the adjacent areas and if applicant can document that he or she has diligently worked towards inauguration of the project during the initial two year period. The request for extension of this entitlement shall be made in writing, at least 30 -days prior to the expiration date of the permit. 32. If any of the conditions or limitations of this permit are held to be invalid by a court of competent jurisdiction, that holding shall not invalidate any of the remaining conditions or limitations set forth. 33. No conditions of this entitlement shall be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. In instances where more than one set of rules apply, • the stricter ones shall take precedence. 34. Except as may be approved by this permit, no outside storage of any materials shall be permitted at any time. No parking, loading or unloading of any trucks is allowed between 10:00 pm and 6:00 am. Trucks may be parked in designated spaces only for loading and unloading for short periods, only between the hours of 6:00 am and 10:00 pm. C:\OFFICEICLAIGICUP98 -2. RES Reso PC 98- Ortiz Page 9 35. No noxious odors stall be generated from any use on the subject site. 36. All uses and activities shall be conducted 'nside the building(s) unless otherwise authorized by -he Director of Community Development or as approved by this Permit Adjustment. 37. Prior to approval of construction plans for plan check or initiation of any construction activity, all required permits from the Building and Safety Department shall be approved. 38. All exterior building materials and paint colors shall match the existing unless substitute materials and colors that meet the requirements of the Downtown Plan are approved by the Community Development Department. 39. All equipment and other noise generation sources on -site shall be attenuated to 55 dBA at the property line, or to the ambient noise level at the property line measured at the time of the occupant request. Prior to the issuance of a zoning clearance for initial occupancy or any subsequent occupancy, the Director of Community Development may request that a noise study be submitted for review and approval which demonstrates that all on -site noise generation sources would be mitigated to the required level. The noise study must be prepared by a licensed acoustical engineer in accordance with accepted engineering standards. 40. This development is subject to all applicable regulations of the General Commercial Zone, and all requirements and enactments of Federal, State, Ventura County, the City authorities and any other governmental entities, and all such requirements and enactments shall, by reference, become conditions of this permit. 41. The permittee's acceptance of this permit and /or commencement of construction and/ or operations under this C:\OFFICE \CLAIGICUP98 -2.RES JO-JC5 Reso PC 98 -355 Ortiz Page 3 SECTION 2. The Planning Commission hereby denies Conditional Use Permit No. 98 -2 without prejudice based on the findings and reasons given in this Resolution: The action of the foregoing direction was approved by the following roll call vote; AYES: Millhouse, Miller, DiCecco, Lowenberg; NOES: Acosta. ABSTAIN: ABSENT: PASSED, APPROVED, AND ADOPTED THIS 22 DAY OF JUNE, 1998. ATTEST: Celia La Fleur, Secretary Chairman: gy Lowe , CAOFFICEICLAIGICUP98- 2A.RES do w: y c� 1 .1 S l ON76(n J N W oy. rzQ` � o >1 »f��iGbl�l/ / � li► i C p$ ' OS'!J r_ C oo�z OS'!J r_ 95 ��� s+ f S /71 1.. EL Ro��c� N 1 6 N'T CLU AuR -44rr fof�sz, �o �cwe- Zr\ Vee- 4a;ffL,,,4 I n hk- k nx- S-� O T ko0( po f< (,j 41 k -%(CA n L; \(,P- Po n Juy +f u Su ella y r v n5 Beer- � w � fix- CA -� �ct big ja s a b et Al, .� 5 -Taus 100 XAB t IL L5-0--], I s la�jr i i r �or C irk Q 1 �n K 0 A eDCM ID t y � STOaV Rao PA Cxi5r,N t-L- - 5 0'� TOT o s loo r KrV--NCN 0 O CA C) Poymoo 0IF.t-.X)ST)r,6 1?41Z E(:> V O 0 O O jJ I OV rn DJ Tv - �� CI Y OF MOORPARK PAGE I OF ° ZONING CLEARANCE DEPARTMENT OF COMMUNITY DEVELOPMENT ZONING CLEARANCE N0. _- a7 CASE REFERENCE NO. '- E. P16p Eiil OPESS _ 1 lZO 31' l M IU Ai D ST APPLJC ANT PROVIDE ATTACHED SITE PLAN. SHOW LOCATION OF EXISTING AND PROPOSED F M4IL 4 GP jj BUILDINGS AND ALL EXTERIOR DIMENSIONS OF NEW CONSTRUCTION ANO ACTUAL DISTANCES TO PROPERTY LINES AND BETWEEN BUILDINGS Wis) -7 ��)*OAH-pm 5 Ems) ALL ZONING CLEARANCE APPLICANTS MUST VERIFY -(IN PERSON) WITH THE BUILDING DEPARTMENT IF ANY ADDITIONAL PERMITS ARE NECESSARY. MOST ACTIVITIES AUTHORIZED BY A ZONING CLEARANCE WILL ALSO REQUIRE A BUILDING PERMIT. PRIOR TO THE START OF ANY WORK, THE APPLICANT MUST ALSO OBTAIN FROM THE BUILDING DIVISION, AT 18 EAST HIGH STREET, ANY ADDITIONAL PERMITS REQUIRED FOR ANY BUILDING, ELECTRICAL, MECHANICAL, PLUMBING, OR OTHER WORK, OR FOR ANY OCCUPANCY. IF YOU ARE UNSURE, CONTACT THE BUILDING DEPT. AT (805) 529 -6864 EXT. 421. HOMEOWNERS ASSOCIATION APPROVAL, IF REQUIRED, IS THE RESPONSIBILITY OF THE PROPERTY OWNER. I HEREBY ACKNOWLEDGE THAT I HAVE READ THIS ZONING CLEARANCE, INCLUDING THE ATTACHED CONDITIONS OF APPROVAL, AND STATE THAT THE INFORMATION GIVEN BY ME IS CORRECT AND THAT I AGREE TO COMPLY WITH ALL PROVISIONS OF THE CITY'S ZONING CODE AND THIS PERMIT. I FURTHER ACKNOWLEDGE MY UNDERSTANDING THAT I MUST RECEIVE APPROVAL FROM THE PROPERTY OWNER PRIOR TO COMMENCING ANY WORK AUTHORIZED IN THIS PERMIT. OFFICE USE ONLY BELOW THIS LINE 2 0— — _ �VY n r11 I— o6 o ZONE CODE SECT NO LOT DEPTH If l U f A FI F A _ i — MAX HEIGHT .t MIN. REAR Y0. i MIN SIDE Yo MIN SIDE r0 )REAR +17) ■ ev Pot s0acol EXEMPT ED ND /CND a EIR �_ OPEN:_ CARPORT: GARAGE: SPECIAL CONDITIONS OR REQUIREMENTS }-SEE PAGE 2 NOTICE: THIS CLEARANCE BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN, OR IS SUSPENDED OR ABANDONED FOR A PERIOD OF, 180 DAYS AFTER ZONING CLEARANCE APPROVAL BY COMMUNITY DEVELOPMENT. STATEMENT: I HEREBY ACKNOWLEDGE THAT I HAVE READ THIS ZONING CLEARANCE IN ITS ENTIRETY AND STATE THAT THE APPLICANT'S SIGNAT INFORMATION GIVEN IS CORRECT AND AGREE TO COMPLY WITH ALL PROVISIONS OF THE CITY ZONING CODE. URE DATE / / IHG IEAgA A ROvAI ` � DATE WHEN PiIOPERLY VALIDATED THIS IS YOUR ZONING CLEARANCE EXHIBIT 4 CITY OF MOORPARK PAGE 2 OF DEr- ARTMENT OF COMMUNITY DEVELOPML,iT ZONING CLEARANCE %-- PATIO COVERS /SECOND STORY DECKS/RESIDENTIAL/ADDITIONS ROOF COVER ONLY HOMEOWNER ASSOCIATION APPROVAL ON HOMEOWNER ASSOCIATION APPROVAL NOTED ON PLANS NO HOMEOWNER ASSOCIATION PRESENT FOR THIS TRACT ADJACENT PROPERTY OWNER NOTIFICATION FORM REQUIRED OCCUPIES % OF REAR YARD AREA EXTERIOR COLORS AND MATERIALS TO MATCH EXISTING BUILDING NO ENCLOSURE, INCLUDING GLAZING OR SCREENING ON THE REAR SIDE OF THE PATIO COVER MAXIMUM WALL HEIGHT OF FEET, WALL(S) SHALL BE CONSTRUCTED OF THE FOLLOWING MATERIAL(S) NOT TO BE USED AS A LIVING SPACE EXEMPT FROM MEASURE F PERMANENT FOUNDATION AND ENCLOSED TWO CAR GARAGE REQUIRED CONDITIONS OF APPROVAL IN RESOLUTION APPLY OTHER POOLS /SPAS ENCROACHMENT PERMIT NUMBER EQUIPMENT TO BE ENCLOSED BY A 4' MASONRY WALL EXCEPT ON SIDE WHERE ACCESS PROVIDED OR ABUTS HOUSE ONE PIECE POOUSPA SELF CONTAINED POOUSPA EQUIPMENT A 5' PERIMETER WALL/FENCE REQUIRED IN BACKYARD SEE ATTACHED REQUIREMENTS FOR POOUSPA CONSTRUCTION EQUIPMENT SHALL NOT BE VISIBLE FROM THE STREET OTHER --ANY U�of M6ic lLEbk, W Agtj COMMERCIAL _ &&DkZ /S AIJ Otn&14- ", ,- CdA NONE -- SN6 f0-4"M OR Ah MUSC D X NO INCREASE IN FLOOR AREA PERMITTED OaX 'R'5 PWIIES NO / ANY ADDITIONAL SEATING REQUIRES A NEW ZONING CLEARANCE SIGNS WILL REQUIRE SEPARATE SIGN PERMIT CONDITIONS OF APPROVAL INAEeettlTM &Z zap APPLY EQUIPMENT SHALL NOT BE VISIBLE FROM STREET FUTURE ROOF EQUIPMENT /SCREENING REQUIRES SEPARATE ZONING CLEARANCE THIS ZONING CLEARANCE EXPIRES ON - 7cLG4%&IG lrywg10 *q qT Vic BUSINESS REGISTRATION PERMIT REQUIRED, NO. SX&J64 C 01IJ SM 7� OTHER INDUSTRIAL AN Amt ?N R �U( SE b rCT -> TABL15S NO RETAIL SALES ALLOWED --1915 >:E'RrllT' KAY 8C 2Mt:D (no f"m�)COOMW L � �� �� ONLY INCIDENTAL RETAIL SALES ALLOWED /4,�4 do � AA�MN( 7 NO INCREASE IN FLOOR AREA PERMITTED 0 Ul�>� a_ SIGNS WILL REQUIRE SEPARATE SIGN PERMIT A "�A/.CiL c»^� 1'1t rl) CIS C.40C \144(dlJS K�,'C EQUIPMENT SHALL NOT BE VISIBLE FROM STREET FUTURE ROOF EQUIPMENT /SCREENING REQUIRES SEPARATE ZONING CLEARANCE THIS ZONING CLEARANCE EXPIRES ON CONDITIONS OF APPROVAL IN RESOLUTION APPLY BUSINESS REGISTRATION PERMIT REQUIRED, NO. NO HAZARDOUS MATERIALS STORED OR GENERATED ON SITE OTHER TEMPORARY USE AN ADMINISTRATIVE DETERMINATION MADE THAT THIS RESOLUTION IS AN APPROPRIATE TEMPORARY USE IN THIS ZONE �! *_ THIS ZONING CLEARANCE EXPIRES ON - U DISTRIBUTION: WHITE - PLANNING CANARY - BUILDING AND SAFETY PINK - APPLICANT MOORPARK 799 Moorpark Avenue Moorpark, California 93021 COMMUNITY DEVELOPMENT DEPARTMENT APPROVAL OF AN ADMINISTRATIVE PERMIT February 6, 1998 Administrative Permit No. 97 -22 (No CPD on site) Filed by: Javier Hernandez 431 Millard Street Moorpark, Ca, 93021 Address /Location: /9 E. High St. Approved by the Director on: February 6, 1998 (805) 529 -6864 For: This Administrative Permit request is for the on -site sale of beer and wine at the existing E1 Rodeo restaurant. Location: As shown on Attachment 111 ". The land involved is Assessor's Parcel No's: 512 -0- 091 -060. CEOA: The project is Categorically Exempt from CEQA requirements as a Class 1, Exemption for operation of existing private facilities. Ordinance Compliance: Based upon the information and findings developed by staff, it has been determined that this application, with the attached conditions, meets the requirements of Moorpark Ordinance Code Section 17.44.030 - Permit Standards, in that: a. The Administrative Permit is consistent with the intent and provisions of the City's General Plan and the Zoning Ordinance; b. The Administrative Permit is compatible with the character of surrounding development; C. The proposed Administrative Permit would not be obnoxious or harmful, or impair the utility of neighboring property or uses; 11t C: \OFFICE \CLAIG \ADMZNPER.FRM EXHTftf PATRICK HUNTER DEBBIE RODGERS TEASLEY CHRISTOPHER EVANS BERNARDO M. PEREZ JOHN E. WOZNIAK Mayor Mayor Pro Tern Councilmember Councilmember Councilmember Administrative Permit 97 -22 Page 2 d. The Modification would not be detrimental to the public interest, health, safety, convenience, or welfare; and e. The conditionally permitted use is compatible with existing and planned land uses in the general area where the development is to be located. Appeals: As stated in Section 17.44.090, within 16 calendar days after the permit has been approved, conditionally approved or denied, any aggrieved person may file an appeal of the approval, conditional approval or denial with the Community Development Department who shall set a hearing date before the City Council to review the matter at the earliest convenient date. This Administrative Permit request has been conditioned to require that: 1. Applicant must provide the Community Development Department with a copy of the Alcoholic Beverage Control (ABC) approval prior to sale of any alcoholic beverages. 2. Any violations of the ABC License or problems relating to noise or disturbances shall be grounds for the initiation of proceedings for revocation of this Administrative Permit. 3. The hours of operation for the business shall not be earlier than 6:00 a.m. and later than 12:00 a.m. (midnight). �. Food service shall be available during all business hours that alcoholic beverages are available for sale. 5. There shall be no bar or lounge area upon the licensed premises maintained for the purpose of sale, service or consumption of alcoholic beverages directly to patrons for consumption without the approval of a Conditional Use Permit. C: \OFFICE \CLAIG \ADMINPER.FRM 4 "', Administrative Permit 97 -22 Page 3 5. Any entertainment shall require approval of a separate permit F rom the Community Development epartment. Any entertainment provided shall not be audible from outside the building containing the business. 7. No pool tables shall be allowed without the approval of a separate permit. No more than three games machines may be allowed without approval of a Conditional Use Permit. 8. Lighting in the parking area of the premises shall be directed, positioned and shielded in such a manner so as not to unreasonably illuminate the window area of nearby residences. 9. Lighting devices shall be high enough as to prohibit anyone on the ground from tampering with them unless tamper proof fixtures are approved by the Planning Manager. All exterior lighting devices shall be protected by weather and breakage resistant covers. 10. The applicant and successors, heirs, and assigns shall remove any graffiti within five (5) days from written notification by the City of Moorpark. All such graffiti removal shall be accomplished to the satisfaction of the Planning Manager. 11. The continued maintenance of the landscaping, permit area, and facilities shall be subject to periodic inspection by the City. The permittee shall be required to remedy any defects in ground maintenance, as indicated by the Code Enforcement Officer within thirty (30) days after notification. 12. The Planning Manager may declare a development project that is • not in compliance with the conditions of approval or for some other just cause, a "public nuisance ". The applicant shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with the conditions of approval or applicable codes. If the applicant fails to pay all City costs related to this action, the City may enact special assessment proceedings against the parcel of land upon which C: \OFFICE \CLAIG \ADMINPER.FRM Li�ts�. CDC Administrative Permit 97 -22 Page 4 the nuisance existed (Moorpark Municipal Code 1.12.080). C�" Nelson Miller Director of Community Development Date: ° At- CC: City Council Planning Commission City Manager City Attorney City Engineer Building & Safety Fire Department Police Department C: \OFFICE \CLAIG \ADMINPER.FRM section i)®' :) Z34 m V Soles a�f s ©!ss CA r W%z dw qm• = ip�r s Sa PM 5• DR 1. 21 i as w i U W NMI- IL -.� ' ,t � !;U11I1IIIIi e s8! 0 NAM EMMINII 1111111:1,x_ I�Illl�n 1,41111111M i AmmmmmmumimsI �//o ili =" = icEQ�z�i�LO. o:,01��6c /�1�c2]■ tab It /go/ logo � 11111111 /11111111 i 11111 :.11111 � not aim Ws � poll i M ST-1 kAA❑ V: 1— i±i vqmml6.-- i �c �Log" 64 mil i II 7T 211. s !1A\ = • City of Moorpark Community Development Department Staff Report PLANNING COMMISSION MEETING DATE: June 22, 1998 AGENDA ITEM NO.: 9.A. MOORPARK, CALIFORNIA ning Commission Meeting ION: APPLICANT I JAVIER HERNANDEZ ORTIZ,OWNER: GEORGE SHAKIBAN On June 8, 1998, the Planning Commission held a public hearing to consider Conditional Use Permit No. 98 -2 to establish a nightclub with live entertainment provided by a band with dancing and to commence use of an existing bar at the El Rodeo Restaurant. Public testimony was received following the applicants presentation and response to questions from the Commission. The Planning Commission voted to accept the submission of a petition from the Moorpark Community Church at the northeast corner of Charles Street and Walnut Avenue against the proposed project. There was also testimony given by members of the Church against the project. The Planning Commission closed the public hearing and directed staff to prepare a Resolution to deny the application based upon concerns relating to insufficient parking for the large numbers of people that could occupy the building (170 for dining and dancing, based upon provisions of the Uniform Building Code), neighborhood compatibility, lack of planning for large crowds and unresolved questions relating to the physical connection between the nightclub and the restaurant. Following the recess, a motion was entertained to reopen the public hearing and continue the item to the June 22, 1998. The Planning Commission may allow additional testimony on the project. Planning Commission action on this application is final unless appealed within sixteen (16) days of the date of the action, by filing the application form and with a fee as required by City Codes and Resolutions. CAOFFICEICLAIMCUP98 -2.MEM � ATTACHMENT 4 FILE COPY CUP 98 -2 Memo to Planning Commission Page 2 Recommendation: 1. Receive public testimony and close the public hearing. 2. Make the Appropriate Findings which are specified in Resolution No. PC 98 -355, including the environmental determination. 3. Adopt Resolution No. PC 98 -355 denying Conditional Use Permit No. 98 -2. Attachment: Planning Commission Reso. No. PC 98 -355 CAOFFICE \CLAIG \CUP98 -2.MEM JVi RESOLUTION NO. PC 98 -355 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA DENYING CONDITIONAL USE PERMIT NO. 98 -2 (JAVIER HERNANDEZ ORTIZ) TO ALLOW ESTABLISHMENT AND OPERATION OF A NIGHTCLUB WHERE LIVE ENTERTAINMENT IS PROVIDED BY A BAND AND DANCING MAY TAKE PLACE AND ALCOHOL IS SERVED AT A BAR IN CONJUNCTION WITH AN EXISTING RESTAURANT (EL RODEO RESTAURANT) AT 79, 83 AND 95 E. HIGH ST. (APN 512 -0- 091 -060) WHEREAS, on February 4, 1998, the applicant applied for Conditional Use Permit No. 98 -2 for the establishment and operation of a nightclub where live entertainment is provided by a band, dancing may take place and alcohol is served at a bar in conjunction with an existing restaurant in the General Commercial (C -2) Zone; and WHEREAS, Authority for the approval of Conditional Use Permits for the operation of a nightclub is granted to the Planning Commission pursuant to Ordinance No. 234; and WHEREAS, at its meeting of June 8, 1998, the Planning Commission held a duly noticed public hearing to consider the application filed by Javier Hernandez Ortiz, requesting approval of Conditional Use Permit No. 98 -2; and WHEREAS, at its public hearing of June 8, 1998, the Planning Commission after review and consideration of the information contained in the staff report dated June 8, 1998, accepting public testimony, and continuing the public hearing to June 22, 1998, directed staff to prepare a resolution for denial of the application. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. Relating to the standards specified in Sections 17.44.030.A.2 and 17.44.030.A.7 of the Municipal Code, the Planning Commission was unable to make the findings required under these sections to grant approval of the application; and hereby finds that: CAOFFICEICLAI MCU P98 -2A. RES ATTACHMENT 5 Reso PC 98 -355 Ortiz Page 2 a. The proposed uses of a nightclub and the serving of alcoholic beverages at a bar are not consistent or compatible with the character of surrounding uses which includes: residential development, retail uses, restaurants, a church and the performing theater (melodrama). b. The proposed uses would be detrimental to the public interest, health, safety, convenience or welfare because of: excessive noise and crowds that could result based upon the occupancy potential of 170 persons for dining and dancing that could be allowed at this location under provisions of the Uniform Building Code. Additionally, the hours of operation (to 1:30 a.m.) is not consistent with adjacent uses in the area which includes residential uses. c. The proposed uses are not compatible with existing and planned land uses in the general area which includes: residential uses, retail commercial, restaurants and the Melodrama because adequate off - street parking is not available in the area to accommodate the numbers of persons (up to 170) that could occupy the building based upon the Uniform Building Code. The current parking provisions of the Zoning Ordinance which require off - street parking facilities do not provide a parking ratio for nightclubs or dance floors and the ratio of parking spaces for dining has been concluded as inadequate for a nightclub or dance floor. Section 17.32.010 of the Municipal Code grants the authority to the Director.of Community Development to determine the parking requirements for uses not contained in the code. A nightclub use will require substantially more parking than a restaurant due to the presence of a dance floor, smaller tables, and in this application, the 100 seats which will be provided. The number of off - street parking spaces provided on site is insufficient to meet the anticipated parking needs, and no other adequate off - street parking facilities have been identified by the applicant. CAOFFIMCLAIMCUP98 -2A. RES I ki c 6 30 May 1998 PLANNING COMMISSION CITY OF MOORPARK MOORPARK, CA 93021 Dear Members: RECEIVED JUN 8 1998 Cdy of Moorp"k. C0n!T_r1:7 D,v2io.Tent Department The Moorpark First Baptist Church dba MOORPARK COMMUNITY CHURCH has received a letter of intent regarding the hearing for the Night club which is in the process of opening in the old bank building on High Street. Even though we see the remodeling in process, before you have made a decision, we as members of the church wish to let you imov tharve are very much against such an establishment. Not only is this business going to be too close to a House of worship, but it is very bad for our downtown area. If a Pawn Shop was not appropriate for our downtown area, then a nightclub is certainly in poor taste. We, who own property in the downtown area, depend upon those of you in places of responsibility to make good, sensible decisions and recommendations to the City Council. We have seen our area go down in many ways over the years and trust that we can depend upon you to reject this application. Yours truly, MSEt,IBERS Jim Hoover, Pastor Mark Ritchie, Deacon Doy Launius, Deacon Elaine Wojciechoski, Clerk i -Iz-iz GO/'y <-- u6' 9"e-2 ATTACHMENT 6 do" -JC �I 2, 3. 4. 5. i_ r 3. 0 1. 2. 3. 4. 5. 6. 7. 8. 9. 0. 1. 1. i i K 4 Y 4 J0-3C a 6 PRINT NAME SIGN NAME WE, THE UNDERSIGNED WISH TO MAKE KNOWN THAT WE OPPOSEITHE OPENING OF THE NICHCLUB AT THE CORNER OF HIGH ST. AND WALNUT STREET. WE ATTEND THE CHURCH ON THE CORNER OF WALNUT AND CHARLES. I 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19.- - 20. 21. 22. 23. za. -27. 28.__ 29. 30. 31. 32. 33. 34. 35. di�(CT ('a v� U J ✓C� f�n(71-1610( S ( 1C �n(jrlfi �� nirCBvi-f �SABc� S�car�/o J �r co ��p,� �ccx. lei% •(� r r1 ez 0� AfFansD CAt���i -1-0 � qq 9 �f►vl /� CA jf 1 L c v41� �. IMUIR 00 c5'6lvra Lazo RECEIVE" JUN 8 1998 J0dyc 7 WE, THE UNDERSIGNED OPPOSE THE OPENING OF THE NIGHTCLUB AT THE CORNER OF HIGH ST AND WALNUT ST., IN MOORPARK. CA. . -- PRINT NAME - SIGN NAME 2. 3. 4. s. 6. 7. M My RATA, s�'�z 765 wwNwtss_4 8.. MCLFig -ue,roa _ _ �? Ca r�e,�. 8 }. • ._...�n�``�h 9. tlmw O L . CkL2 Z _ _ 7 9-4) W Al NU--A- 5 f 10. , 41?V1 eleaZ 78? - 1401,W7 67 p5 11. D -01 /7- 19147P &U e r'OeRP- f't 'S)�' 19. 11 20. i 21. 22. 23. 24. i 25. 26. 27. l i 28. 30. 31. J 32. 33. j - - RECEIVE O6C 4 JUN 8 1998 City of Moorpark Community Development Department w taw,Arr"- FAKAW, f I "Ir REVIVE HIGH ST. We residents of Moorpark support the expansion of El Rodeo Restaurant. This ect 1 ro' p will add an area for dancing and live music. In our opinions the expansion will not distress the safety of the community in contrast it will be a benefit. Zva m.c, 9 -,DDIAs I .- 974 52 REVIVE HIGH T. We residents of Moorpark support the expansion of El Rodeo Restaurant. This project will add an area for dancing and live music. In our opinions the expansion will not distress the safety of the community in contrast it will be a benefit. N&Imacz/ TCICphonc # Address R VIV HI.GH ST. We residents of Moorpark support the expansion of Ell Rodeo Restaurant. This ro'ec p ) t will add an area for dancing and live music. In our opinions the expansion will not distress the safety of the community in contrast it will be a benefit. r%z"KrI4-5 _ TCICphana At ge,-CIC3re2S8 St 5 REVIVE HIGH T. We residents of Moorpark support the expansion of Et Rodeo Restaurant. This project will add an area for dancing and live music. In our opinions the expansion will not distress the safety of the community in contrast it_ will be a benefit. Name Telephone # Addrean S4JPAP �fTit1 YY�_ CT Aa..1. IL C-zy - Z 4 i ? yyX A m ,, ti d' JO �: d REVIVE HIGH We residents of Moorpark support _ pp 1, expansion of El Rodeo Restaurant. This 1, p will add an area for dancing nd live g music, our opinions the expansion will not distress the safety of the community in contrast it will be a benefit. Telephone � Address t — - 79 High St. Moorpark, CA 93021 The City Of Moorpark To Whom It May Concern: Subject: El Rodeo Restaurant Expansion This letter is to inform a change of our original plan of expanding El Rodeo Restaurant to a nightclub. Based on research we have come to the conclusion that live entertainment is more suitable for the restaurant. Live entertainment will bring fewer complications than a nightclub and at the same time will bring entertainment to the city of Moorpark. We plan on having live entertainment on weekends and holidays with operating hours of 7:OOpm to 1:OOam. This change we request will bring y business to our restaurant and High St. We hope you consider� this change to be a benefit to the city of Moorpark and approve this project. Sincerely Javier Hernandez, Jose R. Espinoza RECEI VED JUN 171998 City of Moorpark Community Develo ment p Department CAP gy- FILE c Op Y 'C C 1. ATTACHMENT 8 Moorpark Police Department MEMORANDUM TO: Craig Malin, Assistant Planner FROM: Kory Martinelli, Senior Deputy DATE: August 11, 1998 SUBJECT: El Rodeo Restaurant, 79 High Street RECEIVED AUG 1 1 1998 City of M001'park Community Deveio,m, rnt Depar' ^er,f The following represents the concerns of the Moorpark Police Department regarding the issuance of conditional use permit for the El Rodeo Restaurant to operate a "night club ". The City of Moorpark had a similar operation from 1990 to 1995 called the "La Cabanita Restaurant ". La Cabanita had a poor track record of compliance with the law and various conditions of operation. The Moorpark Police Department documented numerous violations directly attributed to La Cabanita. Those violations ranged from minors consuming alcohol, drinking in front of premises in public, subjects fighting, rumors of prostitution and drug dealing, confirmed drug and drunk driving arrests, bartenders serving intoxicated people, health code violations, overcrowding, and other local code violations. I have attached a breif overview of those violations titled "Zoning Clearance Review - La Cabanita" The concern of the police department is that the "El Rodeo" Restaurant will demand the same or greater attention by local law enforcement and city government. This concern is based on the striking similarities between "La Cabanita" and "El Rodeo" of which are documented below: "La Cabanita" Commercial zoned restaurant close to residential neighborhood Hours of operation 11 am - midnight Major street access (496 Moorpark Ave.) Served Food and on -site alcohol Permitted live entertainment "El Rodeo" Commercial zoned restaurant close to residential neighborhood Hours requested 7:30am - 1:30am Major street access (79 High St.) Serves Food and on -site alcohol Wants live entertainment AT"TA HRIENT 9 "La Cabanita" No fined bar allowed Permitted pool table Patron Capacity - 50 Parking spaces - 12 Square footage - 1620 "El Rodeo" Fixed bar allowed Permitted pool table Patron Capacity - 95 Parking spaces - 28 Square footage - 3823 As you can see, there are many similarities between "La Cabanita" and "El Rodeo ". Most notable is that both operations were /are in the same commercial/residential part of town and provide the same attractions. However, El Rodeo is twice the size in terms of square footage, number of patrons served, parking spaces provided and has longer operating hours. We know from looking at our past that La Cabanita operated a "Night Club" environment that attracted a criminal element for which the City of Moorpark and the Police Department tried very hard to eliminate. The concern is that El Rodeo Night Club, at twice the size with later hours, will develop into as much, if not more, of an attraction for a criminal element that is not welcome in Moorpark. Please See Attached cc: Steve Kueny, City Manager Captain Lewis Zoning Clearance Review La Cabinita Location: 496 Moorpark Ave, Moorpark Owner: Alejandro Morales Amezcua 6458 Westwood St, Moorpark Parcel No.: 512 -0 -10230 1 -16 -90 ABC application applied for by Gonzalo & Rogelio Conditions: No counter or fixed bar. Alcohol shall be sold only in conjunction with the consumption of food. Licensed only to Midnight. 9 -01 -93 Notice of violation, City of Moorpark, (1) overcrowding, (2) Locked exit, (3) Minors in the bar, (4) 20 Health Code violations, (5) illegal wall, (6) use as a sports bar, (7) placement of pool tables, (8) storing inoperable /abandon vehicles. 8 -14 -93 ABC Report 93 -67141 (1) Multiple subjects drinking outside of back door, (2) five subjects fighting, (3) bartender serving obviously intoxicated patrons. 8 -04 -93 Environmental health report Twenty violations listed, restaurant shut down due to Health Code Violations. 7 -25 -93 ABC report 93 -61063 Overcrowding, Minors consuming alcohol, doors locked during business, 10.00 fee to enter and watch soccer game 3 -16 -94 Conditions issued by Moorpark P.D. for installation of pool table (1) No alcohol served on Friday, Saturday, Sunday nights after 10:00 PM. (2) No person shall appear intoxicated or served additional alcohol. (3) Any violation of any law will result in revocation of the clearance. 12 -17 -94 Arrest for 11550(a) H &S and 11351 H &S 94- 98788, Bar became hostile during arrest. 12 -04 -95 Arrest 11550(a) H &S 95 -95413 01 -00 -95 Rumors of Prostitution out of La Cabinita. 01 -07 -95 ABC report 95 -3194, 11550(a) H &S subject leaving bar. 01 -27 -95 Patron arrested for 11550(a) H &S ABC report 01 -28 -95 ABC report 95 -8623 23152VC Had been drinking at La Cabinita 02 -22 -95 Letter from Jeffery F. Sklan Attorney 03 -07 -95 Memo of concern, disruptive licensed premises by: Sgt Meyers 04 -28 -95 ABC investigation, ABC officers observed bartender serve obviously intoxicated patron. Premises in violation of a condition prohibiting a fixed bar and serving beer without food. 8 -27 -95 ABC suspended license for 10 days. 2