HomeMy WebLinkAboutRES PC 2019 642 2019 0827 RESOLUTION NO. PC-2019-642
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT NO. 2019-03, TO ALLOW THE PRODUCTION, TASTING,
AND SALE OF WINE FOR OFF-SITE CONSUMPTION WITHIN A
960 SQUARE-FOOT TENANT SPACE, LOCATED AT 111-165
POINDEXTER AVENUE, SUITE D (DEXMOOR CENTER), AND
MAKING A DETERMINATION OF EXEMPTION PURSUANT TO
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) IN
CONNECTION THEREWITH ON THE APPLICATION OF PATRICK
KELLEY (CAVALETTI VINEYARDS, LLC)
WHEREAS, on June 6, 2019, an application was filed for a Conditional Use
Permit (CUP) No. 2019-03, to allow the production, tasting, and sale of wine for off-site
consumption within a 960 square-foot winery inside an existing 11,492 square-foot
commercial office building, located at 111-165 Poindexter Avenue, Suite D (Dexmoor
Center); and
WHEREAS, at a duly noticed public hearing on July 23, 2019 and August 27,
2019, for CUP No. 2019-03, 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. 2019-03 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 production, tasting area, and sale of wine for off-site
consumption 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 production, tasting,
and sale of wine for off-site consumption 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-2019-642
.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 all other applicable regulations in that wineries and tasting areas
are conditionally permitted within the zone, and comply with 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 office
space, retail stores, martial arts studio, pro wrestling school, and barbershop
located within the center.
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 the production and taste of wine will take
place indoors without any impacts beyond confines of the tenant space.
E. The proposed use, as conditioned, would not be detrimental to the public health,
safety, convenience, or welfare in that the production and tasting of wine and
sale of wine for off-site consumption is compatible with the surrounding uses.
SECTION 3. PLANNING COMMISSION APPROVAL: the Planning
Commission herby approves CUP No. 2019-03 subject to the Standard and Special
Conditions of Approval found in Exhibit A attached.
Resolution No. PC-2019-642
Page 3
SECTION 4. 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, Landis, Vice Chair Haverstock, and
Chair Aquino
NOES: None
ABSENT: Commissioner Hamous
ABSTAIN: None
PASSED, AND ADOPTED this 27th day of August, 2019.
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Karen Vaughn, AICP
Community Development Director
Exhibit A— Conditions of Approval
Resolution No. PC-2019-642
Page 4
EXHIBIT A
CONDITIONS OF APPROVAL FOR
CONDITIONAL USE PERMIT (CUP) No. 2019-03
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. The City of Moorpark reserves the right to modify, suspend or revoke for cause
this conditional use permit consistent with Chapter 17.44 of the Moorpark
Municipal Code or as may be amended in the future.
3. No employee shall sell any alcoholic beverages to any person under twenty-one
(21) years of age.
4. Employees involved in the sale or service of alcoholic beverages shall not be
allowed to consume alcoholic beverages at any time during their shift.
Employees shall not report to work with evidence of having consumed any
intoxicants such as alcohol, illegal drugs or controlled substances.
5. Applicant shall provide the Community Development Department with a copy of
license from the Department of Alcoholic Beverage Control (ABC) prior to
issuance of zoning clearance for occupancy.
Resolution No. PC-2019-642
Page 5
6. Approval of a Zoning Clearance is required prior to the issuance of building
permits.
7. Prior to the issuance of a Zoning Clearance for tenant occupancy, the
prospective tenant shall obtain a Business Registration from the City of
Moorpark. All contractors doing work in Moorpark shall have or obtain a current
Business Registration.
8. Prior to the issuance of a Zoning Clearance for tenant occupancy, the applicant
must provide the following:
a. A copy of their Seller's Permit issued by the California Department of
Tax and Fee Administration (CDTFA) identifying Moorpark as the point
of sale for retail sales and wine club memberships occurring at the
subject location.
b. A letter, on business letterhead, certifying that all retail sales generated
will be properly reported to the CDTFA as occurring within the City of
Moorpark.
9. A separate sign permit application is required for all proposed signs, which are
subject to the review and approval of the Community Development Director.
10. 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.
11. 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.
12. Prior to the issuance of a Zoning Clearance for tenant occupancy, the applicant
shall submit a Developer Waste Reduction and Recycling Plan to the satisfaction
of the Community Services Administrative Specialist.
13. Trash, recycling and potential food waste services must be provided by the City's
franchised waste hauler, Waste Management. Services may be set up by calling
(805) 522-9400. Use of any other third-party waste hauler is prohibited.
14. 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 business,
including 15% overhead on any such services.
Resolution No. PC-2019-642
Page 6
15. No increase of floor area, other than what is being permitted as part of this
permit, is permitted without approval of an additional permit adjustment or
modification. Similarly, the proposed tasting area shall not exceed 96 square
feet or 10% of the tenant space.
16. 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.
17. A security alarm system shall be installed. Motion detection burglary or intrusion
alarm systems shall utilize "Dual Technology" sensors capable of differentiating
between human movement and non-human movement.
18. Any and all employees directly involved or supervising the sale 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 "Leadership and Education in Alcohol and Drugs"
LEAD 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 (Ventura ABC office) to
attend the LEAD program course. Alternatively, this course attendance
requirement may be met through a LEAD certified agency or company
approved by the State of California.
19. All necessary permits must be obtained from the Building and Safety Division
and all construction shall be in compliance with the Moorpark Building Code and
all other applicable regulations.
20. All other conditions of approval of Development Plan Permit No. 205 shall
continue to apply, except as revised herein.
21. Business activities related to the tasting and sale of wine are limited to the hours
of 8:00 a.m. to 8:00 p.m., daily.
Public Works
22. Obtain coverage under the California Industrial General Permit 2014-0057-DWQ
(Permit), or provide documentation supporting Permit coverage will not be
required. For more information, please visit the California State Water Resources
Control Board at:
www.waterboards.ca.gov/water_issues/programs/stormwater/industrial.html
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