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HomeMy WebLinkAboutAGENDA REPORT 2019 0326 REG PC ITEM 08BCITY OF MOORPARK, CALIFORNIA Planning Commission Meeting of March 26, 2019 ACTION: Approved Staff Recommendation, With Changes as Proposed by the Commission, Including Adoption of Resolution No. PC-2019-637. BY: J. Figueroa B. Consider a Resolution Approving Modification No. 1 to Conditional Use Permit 2014-02, to Allow a Proposed Outdoor 1,800 Square Foot Beer Garden; an Expansion of 5,000 Square Foot for Storage and Production Within an Existing Building; a Modification to the Existing Operating Hours; and, Allowance of up to 12 Special Events a Year; at an Existing Microbrewery located at 444 Zachary Street; And, Making A Determination Of Exemption Under CEQA in Connection Therewith, on The Application of Enegren Brewing (John Bird, Applicant). Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; 2) Adopt Resolution No. PC-2019-637 for conditional approval of Modification No. 1 to Conditional Use Permit No. 2014-02; and making a determination of exemption under CEQA in connection therewith. Item: 8.B. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Hollee L. King, AICP, Planning Manager DATE: 03/26/2019 SUBJECT: Consider a Resolution Approving Modification No. 1 to Conditional Use Permit 2014-02, to Allow a Proposed Outdoor 1,800 Square Foot Beer Garden; an Expansion of 5,000 Square Foot for Storage and Production Within an Existing Building; a Modification to the Existing Operating Hours; and, Allowance of up to 12 Special Events a Year; at an Existing Microbrewery located at 444 Zachary Street; And, Making A Determination Of Exemption Under CEQA in Connection Therewith, on The Application Of Enegren Brewing (John Bird, Applicant) PROJECT DESCRIPTION A Modification to an existing Conditional Use Permit (CUP 2014-02) was submitted by Enegren Brewing (John Bird) on January 8, 2019, to allow a proposed outdoor beer garden of 1,800 square feet, an expansion of an additional 5,000 square foot of space for storage and production within an existing building, and a modification to the existing approved operating hours from 10:00 a.m. to 10:00 p.m. to 9:00 a.m. to 11:00 p.m. with an additional hour of operation to close at 12:00 a.m. (midnight) for events – up to 20 maximum a year. The existing brewery operations and tasting room are located within 4 leased units at 444 Zachary Street, Units 116-120. The proposed additional space will occupy Units 112-115, resulting in the brewery occupying a total of 9 leased units. DISCUSSION Existing Site Conditions: The use is proposed in a one story, multi-tenant light industrial building, located on the east side of Zachary Street, at the intersection of Hertz Avenue; north of Flinn Avenue. The existing microbrewery has brewing on site as well as a tasting room and retail sales of beer for off-site consumption. Item: 8.B. 2 Honorable Planning Commission March 26, 2019 Page 2 GENERAL PLAN/ZONING Direction General Plan Zoning Land Use Site I-1 (Light Industrial) M-1 (Industrial Park) Light Industrial North I-1 (Light Industrial) M-1 (Industrial Park) Caltrans Yard South I-1 (Light Industrial) M-1 (Industrial Park) Light Industrial East Floodway M-1 (Industrial Park) Arroyo Simi West I-1 (Light Industrial) M-1 (Industrial Park) Light Industrial Previous Applications: On August 23, 1983, the Planning Commission approved Development Plan Permit No. DP-291, for the construction of three industrial buildings, totaling 42,660 square feet on 3.05 acres in the 400 block of Zachary Street at the end of Flinn Avenue. On February 25, 2014, Planning Commission approved Conditional Use Permit (CUP) 2014-02 to establish a microbrewery business within a 7,380 square foot tenant space at 444 Zachary Street, Units 116-120. The CUP allowed the brewery to have operating hours between 10am and 10pm. The brewery is conditionally approved to produce, store, bottle, can, and sell beer in the tasting room and through retail sales. ANALYSIS General Plan and Zoning Consistency: The Light Industrial land use designation in the General Plan is intended to provide for a variety of light industrial service, technical research, and business office uses within the City. Microbreweries are compatible with this designation. The Zoning Ordinance requires Planning Commission approval of a Conditional Use Permit for microbreweries in the Industrial Park (M-1) Zone. This allows for consideration of the compatibility of the proposed use with surrounding uses in making findings on the application, and adoption of conditions of approval as deemed necessary. In order to modify or adjust an approved Conditional Use Permit, a Permit Adjustment or a Modification needs to be approved by the original decision-making body. The project does not qualify for a Permit Adjustment as the applicant is requesting more than a 10% change and more than 5,000 square feet additional use. As the project was most recently approved by the Planning Commission in 2014 as CUP 2014-02, staff determined the project requires a Modification with Planning Commission approval. This is the first modification requested for CUP 2014-02. 3 Honorable Planning Commission March 26, 2019 Page 3 Analysis/Issues Staff analysis of the proposed project has identified the following issues area for Planning Commission consideration: • Beer Garden • Additional Production and Storage • Additional Hours of Operation • Alcohol Service 1. Beer Garden: The beer garden is proposed to occupy 1,800 square feet of outdoor space adjacent to the existing building that the brewery is located. If approved, this will allow outdoor service of beer at this location. The beer garden is proposed in the loading area between two buildings addressed as 330 Zachary Street and 444 Zachary Street. Both light industrial buildings are owned by Scheu Development Company. The area will be blocked off on two ends by large, three foot moveable planters that would allow ingress and egress between the planters, as well as providing a barrier for ABC permitting issues (see discussion below). The beer garden would not be fixed by any permanent support structures and can be disassembled as needed. The driveway area of the beer garden does have a drainage swale and some drainage inlets. Upon site inspection, Public Works staff concluded they do not believe that the beer garden would hinder the drainage capacity for the site nor require additional drainage measures. The beer garden would impede on adjacent leased spaces, especially other tenants with rear garage areas. A condition of approval has been added requiring the planters to be moveable so adjacent tenants will have access to their doors as needed. The owners have stipulated through correspondence that the existing tenants affected are aware of the beer garden proposal. Under the current permit, food trucks have been permitted in the area which will be occupied next to the beer garden. A condition of approval has been added requiring the applicant to provide a plan for parking of food trucks outside of required parking, driveways, and fire lanes. 2. Additional Production and Storage: In 2014, the applicant moved their existing brewery operations to 444 Zachary Drive into five units, No.’s 116-120. With this modification request, they are requesting to lease an additional 5,000 square feet of space for production and storage purposes only. These additional units will be in the same building and will take over four additional units, No.’s 112-115. There are no square footage limitations in the Municipal Code that would prohibit the use from utilizing additional square footage for production and storage and therefore would be an allowed use. 4 Honorable Planning Commission March 26, 2019 Page 4 3. Additional Hours of Operation: The applicant is proposing to change the public hours approved with the previous CUP. In 2014, the public hours approved for the project by the Planning Commission were 10:00 a.m. to 10:00 p.m. The proposed new hours of operation for the brewery are 9:00 a.m. to 11:00 p.m. This request allows for the addition of two hours, one in the morning and one at night to expand the hours of their public operational hours. The applicant states that the additional morning hour will assist them with activities such as brunch or early socializing functions as well as any retail sales. The additional closing hour will enable them to stay open an hour later to the public for beer tasting and socializing. The applicant is also requesting an additional hour to close (to 12:00 a.m.) for special events for a maximum of 20 events per year. Over the last several years, the applicant has obtained several Temporary Use Permits to host small special events at their existing facility, which include food and beer pairings. A Temporary Use Permit (TUP 2019-05) has already been issued for the dates of March 16th, April 13th, July 27th, and October 5th for the hours between 11am and 10pm. The request to permit up to 20 events per year will allow the brewery to forgo having to apply for a temporary use permit every time they have an event. Ventura County Sheriff (City of Moorpark Police) was contacted regarding the proposed additional hours request. Officer Rebecca Purnell, Ventura County Sheriff, responded they have no issues with the project and the additional hours and events proposed. She also stated they have had no complaints (noise, altercations, etc.) for the brewery. Although there have been no complaints regarding the brewery, staff cannot support the request of 20 events per year. The request is more than any type of business has been allowed at one location. As such, a condition of approval has been added allowing no more than 12 one-day special events per year, with no more than 1 one-day event per month. Any events exceeding this would still require a Temporary Use Permit. This would allow eight more events than normally occur at this facility, while still allowing review of additional ad-hoc events as they come up. 4. Alcohol Service: The applicant has a current Type 23 license through the California Alcohol Beverage Control (ABC) Board. This license allows use of the site as a “Brew Pub or Microbrewery”. The brewery is classified as a microbrewery, being a small-scale brewery operation typically dedicated to the production of specialty beers, although some operate a tasting room or pub in conjunction with the brewing. Enegren Brewery accommodates food trucks on site and allows customers to eat food within their establishment. The license authorizes the sale of beer to any person holding a license authorizing the sale of beer, and to consumers for consumption on or off the manufacturer’s licensed premises. Also, the manufacturer may conduct beer tastings under specified conditions, and minors are allowed on the premises. A Type 23 is distinct from a bar, which would be typified by a type 41 or 48 license, known as a “PUBLIC PREMISES” where minors are not allowed to enter and remain. A special condition of approval is included to require the operator to maintain this type of license for the facility. 5 Honorable Planning Commission March 26, 2019 Page 5 As part of their request, the brewery is requesting an outdoor beer garden patio area. Consultation with ABC has resulted in the applicant proposing planters to create barriers on each side of the proposed beer garden for ingress and egress to control alcohol from getting out of the barrier area. As part of the project conditions of approval, they will be required to obtain a permit adjustment to their Type 23 license through ABC for this additional feature. ABC has also reviewed their request for additional hours and additional storage and production space and has communicated to the City that the brewery would be allowed to do the requested activities within the current permit. However, they must stay current and revise the permit accordingly with ABC. FINDINGS Conditional Permit Findings 1. The proposed use is consistent with the provisions of the general plan, zoning ordinance, and any other applicable regulations in that breweries are conditionally permitted within the zone, and conditions of approval have been proposed to reduce potential nuisances; 2. 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 nor light industrial uses; 3. 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. The exterior beer garden would not create a permanent change to the site; 4. 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 parking, noise, and hours of operation; 5. The proposed use as conditioned would not be detrimental to the public health, safety, convenience, or welfare in that the operation of this microbrewery is compatible with the surrounding light industrial uses and there are no residential areas near the site. The existing brewery has been at their facility since 2014 and has not had any complaints from police, fire, or City departments. Additional Findings for Establishments Selling Alcoholic Beverages: 1. 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. Beer tasting is an ancillary use. There are no similar uses within the existing office/industrial park. 2. The use will serve a public convenience in that the sale of beer, from this location allows breweries and offers the public a local choice for craft beer. 6 Honorable Planning Commission March 26, 2019 Page 6 3. The use will not create the need for increased police services in that conditions are required to ensure proper control of the sale of beer for on-site and off-site consumption. 4. The requested use at the proposed location will not adversely affect the economic welfare of the community in that an existing business is expanding into currently vacant industrial space. 5. 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. Additional Findings for Modifications: Modification Findings per Section 17.44.100 of the Moorpark Municipal Code: 1. The site design, as modified by Modification No. 1 to CUP 2014-02, would not be considered a substantial or fundamental change in the approved entitlement or use relative to the permit in that in that the proposed beer garden, additional space for production and storage in an existing building, as well as additional operational and event hours would not change the use as authorized by the original permit. 2. The site design, as modified by Modification No. 1 to CUP 2014-02, would not have a substantial adverse impact on surrounding properties in that the proposed beer garden, additional space for production and storage in an existing building, as well as additional operational and event hours would not be considered substantial changes to the use of the property. 3. The site design, as modified by Modification No. 1 to CUP 2014-02, would not change any findings contained in the environmental documentation prepared for the permit in that the proposed beer garden, additional space for production and storage in an existing building, as well as additional operational and event hours is within an existing developed property with appropriate access, parking and circulation for this proposal. There are no residential neighborhoods in the surrounding area that would be affected with any additional hours of operation. Therefore, no further environmental documentation is required. PROCESSING TIME LIMITS Time limits have been established for the processing of development projects under the Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the Subdivision Map Act (Government Code Title 7, Division 2), and the California Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13, and California Code of Regulations, Title 14, Chapter 3). Under the applicable 7 Honorable Planning Commission March 26, 2019 Page 7 provisions of these regulations, the following timelines have been established for action on this project: Date Application Determined Complete: February 1, 2019 Planning Commission Action Deadline: May 2, 2019 Upon agreement by the City and Applicant, one 90-day extension can be granted to the date action must be taken on the application. ENVIRONMENTAL DETERMINATION The Community Development Department has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines. The project qualifies under the Class 1 exemption under State CEQA Guidelines Section 15301 (existing facilities) because the project allows for a microbrewery within vacant tenant space of an existing building which is currently approved and used for industrial purposes as well as the existing microbrewery and the use is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. In addition, there is no substantial evidence that the project will have a significant effect on the environment. NOTICING Public Notice for this meeting was given consistent with Chapter 17.44.070 of the Zoning Ordinance as follows: 1. Publication. The notice of the public hearing was published in the Ventura County Star on March 17, 2019. 2. Mailing. The notice of the public hearing was mailed on March 15, 2019, to owners of real property, as identified on the latest adjusted Ventura County Tax Assessor Roles, within one-thousand (1,000) feet of the exterior boundaries of the assessor’s parcel(s) subject to the hearing. 3. Sign. One 32 square-foot sign was placed on the street frontage on March 15, 2019. STAFF RECOMMENDATION 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC-2019-____ for conditional approval of Modification No. 1 to Conditional Use Permit No. 2014-02; and making a determination of exemption under CEQA therewith. 8 Honorable Planning Commission March 26, 2019 Page 8 ATTACHMENTS: 1. Location Map 2. Aerial Photograph 3. Project Exhibits 4. Draft PC Resolution with Conditions of Approval 9 0 0 2 Z z Veteran's Memorial 588 554 Location Map - 444 Zachary Street - Enegren Brewery I ditch Ave Mina Ave Rim Ave 610 $50 r 357 35� 379 1" _ 188 Ft Sub Title 01! 1012019 � r This map mayrepresentsa visual display of related geographic information. Data provided hereon is not guarantee of acutual field-conditFons. To be sure of carnpleteaccuracy, pleasecorrtactthe to date responsiblestaf#far most up information. d PC ATTACHMENT 2 11 p FUTURE EXPANSION OPTION U,1CTS 110 & 111. 2,720 SQ -FT EXPANSION (UNITS 112-115) APPROX. 5,OOD SQ -FT Q CURRENT SPACE (UNITS 115-120) 7,380 5Q. -FT OUTDOOR BEER GARDEN APPROX, 1,800 SQ. -FT FRONT PATIO OPTION APPROX 1,400 5Q. -FT V 0 D D 0 Z m z CA) N IN W FOOD VENDOR PARKING f SETUP EBLOICKINGLLEY IS PERMISSABLEBY OUNTY FIRE AS LONG ASA FIRE ACCESS VIDED. THIS ALREADY EXISTS. ROLUNG PLANTER BOXED SERVE AS BARRIERS FOR OUTDOOR BEER GARDEN. THIS IS PERMISSIBLE BY VENTURA COUNTY ALCOHOLIC BEVERAGE CONTROL AS LONG AS BARRIERS ARE FIXED IN PLACE, ARE ALWAYS INSTALLED IN THE EXACT SAME PLACES AND MEET THE REQUIRED DIMENSIONS. IN THE EVENT THAT SURROUNDING TENANTS NEED THROUGH ACCESS, PLANTER BOXES CAN BE UN HOOKED AND MOVED EASILY. INTHESECASES, THE BEER GARDEN WOULD BE ti DECOMMISSIONED FORTHETIME NEEDED. RESOLUTION NO. PC-2019-____ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING MODIFICATION NO. 1 TO CUP 2014-02 TO ALLOW A PROPOSED OUTDOOR 1,800 SQUARE FOOT BEER GARDEN; AN EXPANSION OF 5,000 SQUARE FOOT FOR STORAGE AND PRODUCTION WITHIN AN EXISTING BUILDING; A MODIFICATION TO THE EXISITNG OPERATING HOURS; AND, ALLOWANCE OF UP TO 12 SPECIAL EVENTS A YEAR; AT AN EXISTING MICROBREWERY LOCATED AT 444 ZACHARY STREET; AND MAKING A DETERMINATION OF EXEMPTION UNDER CEQA IN CONNECTION THEREWITH, ON THE APPLICATION OF ENEGREN BREWING (JOHN BIRD) WHEREAS, on January 8, 2019, an application was filed for a Modification for Conditional Use Permit No. 2014-02 by Enegren Brewing (John Bird), to allow a proposed outdoor beer garden of 1,800 square feet, an expansion of an additional 5,000 square foot of space for storage and production within an existing building, and a modification to the existing approved operating hours from 10:00 a.m. to 10:00 p.m. to 9:00 a.m. to 11:00 p.m. with an additional hour of operation to close at 12:00 a.m. (midnight) for events – up to 12 maximum a year at 444 Zachary Street. WHEREAS, at a duly noticed public hearing on March 26, 2019, the Planning Commission considered Modification No. 1 to Conditional Use Permit (CUP) No. 2014- 02; and WHEREAS, at its meeting of March 26, 2019, 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 Planning Commission concurs with the Community Development Department’s determination that the proposed Modification to Conditional Use Permit (CUP) No. 2014-02 is exempt from the provisions of the California Environmental Quality Act pursuant to Section 15301 of the California Code of Regulations (CEQA Guidelines) and that the project qualifies under the Class 1 exemption under State CEQA Guidelines Section 15301 (existing facilities). And that, Modification No. 1 to CUP No. 2014-02 allows for the expansion of space for a beer garden, storage and production for a microbrewery within an existing industrial building which is currently approved and used for industrial purposes and the use is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. In addition, there is no substantial evidence that the project will have a significant effect on the environment. PC ATTACHMENT 4 14 Resolution No. PC-2019- Page 2 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTATION: the Planning Commission concurs with the Community Development Department’s determination that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines. The project qualifies under the Class 1 exemption under State CEQA Guidelines Section 15301 (existing facilities) because the Modification to CUP No. 2014-02 allows for the expansion of space for a beer garden, storage and production for a microbrewery within an existing industrial building which is currently approved and used for industrial purposes and the use is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. In addition, there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission has reviewed the Community Development Department’s determination of exemption, and based on its own independent judgment, concurs in staff’s determination of exemption. 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 breweries are conditionally permitted within the zone, and conditions of approval have been proposed to reduce potential nuisances; 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 nor light industrial uses; 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. The exterior beer garden would not create a permanent change to the site; 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 parking, noise, and hours of operation; E. The proposed use as conditioned would not be detrimental to the public health, safety, convenience, or welfare in that the operation of this microbrewery is compatible with the surrounding light industrial uses and there are no residential areas near the site. The existing brewery has been at their facility since 2014 and has not had any complaints from police, fire, or City departments. 15 Resolution No. PC-2019- Page 3 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. Beer tasting is an ancillary use. There are no similar uses within the existing office/industrial park. B. The use will serve a public convenience in that the sale of beer, from this location allows breweries and offers the public a local choice for craft beer. 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 beer 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 an existing business is expanding into currently vacant industrial space. 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. ADDITIONAL FINDINGS FOR MODIFICATIONS: A. The site design, as modified by Modification No. 1 to CUP 2014-02, would not be considered a substantial or fundamental change in the approved entitlement or use relative to the permit in that in that the proposed beer garden, additional space for production and storage in an existing building, as well as additional operational and event hours would not change the use as authorized by the original permit. B. The site design, as modified by Modification No. 1 to CUP 2014-02, would not have a substantial adverse impact on surrounding properties in that the proposed beer garden, additional space for production and storage in an existing building, as well as additional operational and event hours would not be considered substantial changes to the use of the property. C. The site design, as modified by Modification No. 1 to CUP 2014-02, would not change any findings contained in the environmental documentation prepared for the permit in that the proposed beer garden, additional space for production and storage in an existing building, as well as additional operational and event hours is within an existing developed property with appropriate access, parking and circulation for this proposal. There are no residential neighborhoods in the 16 Resolution No. PC-2019- Page 4 surrounding area that would be affected with any additional hours of operation. Therefore, no further environmental documentation is required. SECTION 5. PLANNING COMMISSION APPROVAL: the Planning Commission herby approves Modification No. 1 to Conditional Use Permit No. 2014-02 subject to the Standard and Special Conditions of Approval found in Exhibit A attached. SECTION 6. 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: NOES: ABSENT: ABSTAIN: PASSED AND ADOPTED this 26th day of March, 2019. Debra Aquino Chair Karen Vaughn, AICP Community Development Director Exhibit A – Standard and Special Conditions of Approval 17 Resolution No. PC-2019- Page 5 EXHIBIT A STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR MODIFICATION NO. 1 to CONDITIONAL USE PERMIT (CUP) No. 2014-02 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 Modification to the 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. The beer garden may not exceed 1,800 square feet in area. 3. Prior to issuance of a zoning clearance for occupancy, a plan, approved by California Alcohol Beverage Control, showing moveable planters allowing ingress and egress shall be submitted to the Community Development Director for review and approval. 4. Prior to issuance of a zoning clearance for the beer garden a plan for parking of food trucks outside of required parking, driveways, and fire lanes, shall be submitted to the Community Development Director and Ventura County Fire Department for review and approval. 5. Outdoor service and/or sales of alcoholic beverages are not permitted outside of the beer garden or the tasting room area. Signs must be posted at the building exits indicating that customers may not leave the beer garden or tasting room building with open containers of alcoholic beverages. Such signs are subject to review and approval of the Community Development Director. 18 Resolution No. PC-2019- Page 6 6. On site sales, service or consumption of alcoholic beverages allowed by this Modification to the Conditional Use Permit are permitted only between the hours of 9:00 a.m. and 11:00 p.m. 7. No more than 12 one-day special events per year, with no more than 1 one-day event per month shall be permitted, with permitted hours from 9:00 a.m. to 12:00 a.m. (midnight). A Temporary Use Permit is required for any event exceeding one day, once a month, or outside of the approved hours of operation. 8. This premise is not licensed by ABC to operate as a bar or a nightclub and must be maintained as a microbrewery, for production and tasting room only, with a Type 23 ABC license. 9. 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. 10. No person under the age of eighteen (18) may serve beer to customers. 11. 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. 12. 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 beer visible from the exterior of the building. Interior signs or displays of beer that are clearly visible to the exterior shall constitute a violation of this condition. 13. Applicant shall provide the Community Development Department with a copy of the California Department of Alcoholic Beverage Control (ABC) approval prior to the installation and use of the beer garden and the use of additional storage and production space. 14. No employee may serve or sell any alcoholic beverages to any person less than twenty-one (21) years of age. 15. The manager or his/her designee shall be responsible to supervise the exterior of the business to assure that no beer is served or consumed outside the facility. The owner/manager shall not permit any loitering on the property adjacent to the facility. 19 Resolution No. PC-2019- Page 7 16. 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. 17. Any vendor providing food, goods, or other services must obtain a valid City of Moorpark Business Registration. All retail sales generated at the event must be properly reported to the State Board of Equalization as occurring within the City of Moorpark. 18. Games or contests requiring or involving the consumption of alcoholic beverages shall not be permitted at any time. 19. 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. 20. 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 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. 21. 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. 22. Music and amplified sound, whether live or pre-recorded, may only 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. Any live music event shall require a Temporary Use Permit. 23. Areas inside the facility open to customers must be illuminated sufficiently to allow the identification of persons. 24. 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. 25. 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. 26. 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 Resolution No. PC-2019- Page 8 27. A separate sign permit application is required for all proposed signs, which are subject to the review and approval of the Community Development Director. 28. 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. A mobile food truck may be parked on site in a location approved by the Ventura County Sheriff (City of Moorpark Police) and Ventura County Fire only during dining events, and must not obstruct driveway access, nor to serve as signage. -End- 21