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HomeMy WebLinkAboutRES PC 2019 644 2019 0924 RESOLUTION NO. PC-2019-644 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING MODIFICATION NO. 2 TO CUP NO. 2014-02 TO ALLOW CHANGES TO CONDITIONS SET FORTH BY CONDITIONAL USE PERMIT 2014-02 AND MODIFICATION NO. 1 TO CONDITIONAL USE PERMIT 2014-02; INCLUDING EXTENDED HOURS, THE PROVISION OF LIVE ENTERTAINMENT AND MISCELLANEOUS MINOR CHANGES; 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 COMPANY (JOHN BIRD) WHEREAS, on August 7, 2019, an application was filed for a Modification for Conditional Use Permit No. 2014-02 by Enegren Brewing Company (John Bird), to amend certain conditions of approval for an existing microbrewery at 444 Zachary Street; and WHEREAS, at a duly noticed public hearing on September 24, 2019, the Planning Commission considered Modification No. 2 to Conditional Use Permit (CUP) No. 2014-02; and WHEREAS, at its meeting of September 24, 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. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: Resolution No. PC-2019-644 Page 2 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 Modification No. 2 to CUP No. 2014-02 modifies existing conditions of approval related to the operation of an existing, approved use. Furthermore, the existing 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. Resolution No. PC-2019-644 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. PLANNING COMMISSION APPROVAL: the Planning Commission herby approves Modification No. 2 to Conditional Use Permit No. 2014-02 subject to the Standard and Special Conditions of Approval found in Exhibit A attached. Resolution No. PC-2019-644 Page 4 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 24th day of September, 2019. 4A/L44 a41/(- D ra Aquin./ Chair y4021.12---,L) 0 \QL Karen Vaughn, AICP / Community Development ector Exhibit A— Standard and Special Conditions of Approval Resolution No. PC-2019-644 Page 5 EXHIBIT A STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR MODIFICATION NO. 2 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. The following conditions shall supersede and replace all conditions of Conditional Use Permit (CUP) No. 2014-02 and Modification No. 1 to Conditional Use Permit (CUP) No. 2014-02. 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 outdoor seating area shall comply with the approved plans, including the approximate size of 1,950 square feet. 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. Resolution No. PC-2019-644 Page 6 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. 6. On-site sales, service or consumption of alcoholic beverages are permitted only between the hours of 8:00 a.m. and 12:00 midnight. 7. Special events conducted on the premises shall be limited to 12 calendar days per year pursuant to this CUP. A special event is considered to be any activity outside of normal operations, including but not limited to events requiring extra security, placement of outdoor barricades, placement of outdoor portable toilets, etc. The applicant shall notify the Community Development Director a minimum of 72 hours prior to conducting any special event. Such notification shall include the date(s) of the event, hours of operation, estimated attendance, and a brief description of the event. At the discretion of the Community Development Director, a Temporary Use Permit may be required for any event exceeding two consecutive days or outside of the approved hours of operation and special events as permitted as part of this CUP. 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 Resolution No. PC-2019-644 Page 7 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. 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 other amplified sound is permitted within the establishment and beer garden outdoor seating area. Equipment and cables associated with the entertainment shall be placed in a manner that will not conflict with paths of travel Resolution No. PC-2019-644 Page 8 or create a trip hazard. All activities shall comply with Section 17.53 of the Moorpark Municipal Code. The Community Development Director may impose additional conditions at his/her discretion should the operation become disruptive to adjacent businesses and properties. 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. 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-