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HomeMy WebLinkAboutRES PC 2019 639 2019 0528 RESOLUTION NO. PC-2019-639 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2019-02, TO ALLOW AN APPROXIMATELY 2,720 SQUARE-FOOT WINERY AND TASTING ROOM WITH AN APPROXIMATELY 494 SQUARE-FOOT MEZZANINE USED AS AN OFFICE AND STORAGE INSIDE AN EXISTING 13,777 SQUARE-FOOT INDUSTRIAL BUILDING, LOCATED AT 330 ZACHARY STREET, UNITS #107 AND 108 AND MAKING A DETERMINATION OF EXEMPTION UNDER CEQA IN CONNECTION THEREWITH ON THE APPLICATION OF LUIGI LUCAS (LUCAS SELLERS WINE) WHEREAS, on April 5, 2019, an application was filed for a Conditional Use Permit (CUP) No. 2019-02, to allow an approximately 2,720 square-foot winery and tasting room with an approximately 494 square-foot mezzanine used as an office and storage inside an existing 13,777 square-foot industrial building, located at 330 Zachary Street, Units #107 and 108; and WHEREAS, at a duly noticed public hearing on May 28, 2019, for CUP No. 2019- 02, the Planning Commission considered the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal; closed the public hearing and reached a decision on this matter; and WHEREAS, the Community Development Department has determined that CUP No. 2019-02 is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Sections 15301 (Class 1: Existing Facilities) of the CEQA Guidelines. The proposed winery and tasting room is consistent with the General Plan and Zoning regulations. In addition, there is no substantial evidence that the project will have a significant effect on the environment in that the site has already been developed. No further environmental documentation is needed. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTATION: the Planning Commission, based on its own independent analysis and judgment, concurs with the Community Development Director's determination that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Class 1: Existing Facilities) of the CEQA Guidelines. The proposed winery and tasting room is consistent with the General Plan and Zoning regulations. In addition, there is no substantial evidence that the project will have a significant effect on the environment in that the site has already been developed. No further environmental documentation is needed. Resolution No. PC-2019-639 Page 2 SECTION 2. CONDITIONAL USE PERMIT FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the Planning Commission makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.040: A. The proposed use is consistent with the provisions of the general plan, zoning ordinance, and any other applicable regulations in that wineries are conditionally permitted within the zone, and meets Goal No. 8 of the General Plan Land Use Element to "Provide for new commercial development which is compatible with surrounding land uses". B. The proposed use as conditioned is compatible with both existing and permitted land uses in the surrounding area in that the use does not conflict with those uses within the surrounding business park; C. The proposed use as conditioned is compatible with the scale, visual character, and design of surrounding properties in that there will be no changes to the exterior of the building as a result of the application; D. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or uses in that conditions of approval have been proposed to regarding hours of operation and live entertainment; E. The proposed use as conditioned would not be detrimental to the public health, safety, convenience, or welfare in that the operation of this winery is compatible with the surrounding light industrial uses due to conditions that have been imposed limiting hours of operation and alcohol service. SECTION 3. ADDITIONAL FINDINGS FOR ESTABLISHMENTS SELLING ALCOHOLIC BEVERAGES: A. The use will not result in an over-concentration in the area of establishments selling alcoholic beverages. The proposal is unique in that it is primarily a production and wholesale facility. Wine tasting is an ancillary use. There is one similar use within the existing office/industrial park. B. The use will serve a public convenience in that the sale of wine, from this location allows restaurants and the public a local choice for wine. C. The use will not create the need for increased police services in that conditions are required to ensure proper control of the sale of wine for on-site and off-site consumption. D. The requested use at the proposed location will not adversely affect the economic welfare of the community in that locally produced wine is not currently produced in Moorpark. Resolution No. PC-2019-639 Page 3 E. 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. SECTION 4. PLANNING COMMISSION APPROVAL: the Planning Commission herby approves CUP No. 2019-02 subject to the Standard and Special Conditions of Approval found in Exhibit A attached. SECTION 5. FILING OF RESOLUTION: The Community Development Director shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: Commissioners Di Cecco, Hamous, Landis, Vice Chair Haverstock, and Chair Aquino NOES: None ABSENT: None ABSTAIN: None PASSED, AND ADOPTED this 28th day of May, 2019. Debra Aquino 6� Chair / I ,f CC Kare Vaughn, AICP ; Community Developr41 t Director Exhibit A—Conditions of Approval Resolution No. PC-2019-639 Page 4 EXHIBIT A CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT (CUP) No. 2019-02 STANDARD CONDITIONS OF APPROVAL The applicant shall comply with Standard Conditions of Approval for Conditional Use Permits as adopted by City Council Resolution No. 2009-2799 (Exhibit B), except as modified by the following Special Conditions of Approval. In the event of conflict between a Standard and Special Condition of Approval, the Special Condition shall apply. SPECIAL CONDITIONS 1. This Conditional Use Permit is granted or approved with the City's designated approving body retaining and reserving the right and jurisdiction to review and to modify the permit—including the conditions of approval—based on changed circumstances. Changed circumstances include, but are not limited to, major modification of the business; a change in scope, emphasis, size, or nature of the business; the expansion, alteration, reconfiguration, or change of use; or the fact that the use is negatively impacting surrounding uses by virtue of impacts not identified at the time of application for the conditional use permit or impacts that are much greater than anticipated or disclosed at the time of application for the conditional use permit. The reservation of right to review any permit granted or approved under this chapter by the City's designated approving body is in addition to, and not in lieu of, the right of the City, its Planning Commission, City Council and designated approving body to review and revoke or modify any permit granted or approved under this chapter for any violations of the conditions imposed on such permit. 2. On site sales, service or consumption of alcoholic beverages allowed by this Conditional Use Permit are permitted only between the hours of 9:00 a.m. to midnight daily. 3. This premise is not licensed by ABC to operate as a bar or a nightclub and must be maintained as a winery, for production and tasting room only, with a Type 02 ABC license. 4. The proprietor shall reimburse the City of Moorpark for any additional police or other costs incurred by the City as a result of operations of the facility, including 15% overhead on any such services. 5. No person under the age of eighteen (18) may serve wine to customers. Resolution No. PC-2019-639 Page 5 6. Any and all employees directly involved or supervising the sale/service of alcoholic beverages shall provide evidence and the business shall maintain records that employees have: a. Received training from the State of California Department of Alcoholic Beverage Control (ABC) "Leadership and Education in Alcohol and Drugs" LEAD program or other Responsible Beverage Service (RBS) program, in the form of an ABC issued certificate. b. The Owner/Manager shall confirm with the California Department of Alcoholic Beverage Control within fifteen (15) days of hire any new employee has been scheduled with the local ABC office to attend a LEAD or RBS program course. 7. Other than a business sign in conformance with Chapter 17. 40 of the Zoning Ordinance, there must be no advertising of any kind or type promoting or indicating the availability of wine visible from the exterior of the building. Interior signs or displays of wine that are clearly visible to the exterior shall constitute a violation of this condition. 8. No employee may serve or sell any alcoholic beverages to any person less than twenty-one (21) years of age. 9. The manager or his/her designee shall be responsible to supervise the exterior of the business to assure that no wine is served or consumed outside the facility, with the exception of the designated beer garden area upon expressed written consent of Enegren Brewery. The owner/manager shall not permit any loitering on the property adjacent to the facility. 10. Prior to initiating any dining events, the applicant shall provide a site plan for review and approval of the Community Development Director showing location of food service and dining and that on-site vehicular or pedestrian circulation is not obstructed. 11. Games or contests requiring or involving the consumption of alcoholic beverages shall not be permitted at any time. 12. During any activity that may require the need for additional security, security personnel must be provided to monitor the parking area(s) designated for use by customers of the facility. The applicant shall work with the Police Department and Community Development Department staff to determine which activities shall require additional security. 13. The owner/manager shall be required to obtain Temporary Use Permit approval from the City of Moorpark when a scheduled activity could create a need for increased police presence. Such application shall be made at least thirty (30) calendar days prior to the commencement of the indoor or outdoor event. As Resolution No. PC-2019-639 Page 6 part of the Conditions of Approval, the Community Development Director may require, based upon the scope and size of the event, security guards, traffic control, valet parking and other measures to assure that the event does not disrupt the surrounding area. The only exception shall be for special events held by Moorpark based non-profit groups. 14. All exterior areas of the site, including parking areas under use by the facility, must be maintained free of litter and debris at all times. 15. Music and amplified sound, whether live or pre-recorded, may take place inside the building and not exceed a volume that can be heard from beyond the property. All activities on the property must comply with the City's noise regulations. 16. Areas inside the facility open to customers must be illuminated sufficiently to allow the identification of persons. 17. The facility must correct any safety or security problem within three (3) days upon written notice of such a problem from the Moorpark Police Department. 18. No increase of floor area, other than what is being permitted as part of this Modification, is permitted without approval of an additional permit adjustment or modification. 19. The applicant shall comply with Chapter 8.32 PROHIBITING SMOKING IN PUBLIC PLACES at all times and shall provide signs consistent with Section 8.32.040 of the Moorpark Municipal Code to the satisfaction of the Community Development Director, prior to initiation of the uses allowed by this permit. Any smoking area, if desired, shall comply with Section 8.32.030 of the Moorpark Municipal Code. 20. A separate sign permit application is required for all proposed signs, which are subject to the review and approval of the Community Development Director. 21. No outdoor storage is allowed under this approval. Any request for outdoor storage shall be subject to the application requirements in place at the time of such request. -END-