Loading...
HomeMy WebLinkAboutRES PC 2019 645 2019 1022 RESOLUTION NO. PC-2019-645 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2019-05, TO ALLOW THE OPERATION OF A RESTAURANT (M ON HIGH) AND OUTDOOR DINING AREA WITH ON-SITE SERVICE OF BEER, WINE, AND LIQUOR AT 255 HIGH STREET (WITHIN THE DOWNTOWN SPECIFIC PLAN AREA), AND MAKING A DETERMINATION OF EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) IN CONNECTION THEREWITH ON THE APPLICATION OF HIREN PATEL (FOR COMMAND PERFORMANCE CATERING) WHEREAS, on September 11, 2019, an application was filed for a Conditional Use Permit (CUP) No. 2019-05, to allow the operation of a 2,753 square-foot restaurant and 4,833 square-feet of outdoor dining area with on-site service of beer, wine, and liquor at 255 High Street (within the Downtown Specific Plan Area); and WHEREAS, at a duly noticed public hearing on October 22, 2019 for CUP No. 2019-05, 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 restaurant and outdoor dining area with on-site service of beer, wine, and liquor 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 restaurant and outdoor dining area with on-site service of beer, wine, and liquor 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. M on High Restaurant Resolution No. PC-2019-645 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 applicable regulations in that restaurants 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 restaurant does not conflict with existing commercial uses within the Downtown Specific Plan district. 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, as conditioned, would not be obnoxious or harmful, or impair the utility of neighboring property or uses in that conditions have been added to minimize noise levels. E. The proposed use, as conditioned, would not be detrimental to the public health, safety, convenience, or welfare in that the restaurant is compatible with the surrounding uses. Additional Findings for Establishments Serving Alcoholic Beverages: F. Although Census Tract 76.13 exceeds the ABC target number of establishments selling alcoholic beverages for on-site consumption, the census tract includes a number of commercial shopping centers and Moorpark's Downtown corridor, where such uses are expected. The proposed use under this Conditional Use Permit will not result in a detrimental overconcentration of establishments serving alcoholic beverages for on-site consumption in the area, as these sales will be ancillary to the service of food from this restaurant and subject to conditions of approval intended to minimize potential policing issues. G. The proposed use will provide a public convenience and necessity, in that the service of alcoholic beverages for on-site consumption is an ancillary use to the proposed restaurant and outdoor dining area. H. The use will not create the need for increased police services, in that conditions are included to ensure proper control of the sales and service of alcoholic beverages for on-site consumption. M on High Restaurant Resolution No. PC-2019-645 Page 3 The requested use at the proposed location will not adversely affect the economic welfare of the community. 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. SECTION 3. PLANNING COMMISSION APPROVAL: the Planning Commission herby approves CUP No. 2019-05 subject to the Standard and Special Conditions of Approval found in Exhibit A attached. 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, Hamous, Landis, Vice Chair Haverstock, and Chair Aquino NOES: None ABSENT: None ABSTAIN: None PASSED, AND ADOPTED this 22nd day of October, 2019. 2/7A, ADeb a Aquino r / Chair Karen Vaughn, AICP Community Developm: lirector Exhibit A— Conditions of Approval M on High Restaurant Resolution No. PC-2019-645 Page 4 EXHIBIT A CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT (CUP) No. 2019-05 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. M on High Restaurant Resolution No. PC-2019-645 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. A separate sign permit application is required for all proposed signs, which are subject to the review and approval of the Community Development Director. 9. 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, wine, and liquor visible from the exterior of the building. Interior signs or displays of beer, wine, or liquor that are clearly visible to the exterior shall constitute a violation of this condition. 10. 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. 11. 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. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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. M on High Restaurant Resolution No. PC-2019-645 Page 6 17. Prior to issuance of a Zoning Clearance for a building permit, the applicant shall submit a lighting plan and security plan for review and approval by the Community Development Director and Police Chief that demonstrates compliance with the City's Lighting Ordinance. 18. Prior to issuance of a Zoning Clearance for a building permit, the applicant shall submit a landscaping plan for review and approval by the Parks and Recreation Director and Police Chief that demonstrates compliance with the Landscape Design Standards and Guidelines. 19. 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. 20. 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. 21. The hours of operation for the restaurant, the sale of alcohol, and entertainment are permitted as follows: Activity Permitted Hours Prohibited Hours Restaurant with Indoor 6:00 a.m. to 2:00 a.m., daily 2:00 a.m. to 6:00 a.m., daily Entertainment(including pre-recorded music) Alcohol Sales for On-Site 7:00 a.m. to midnight, Midnight to 7:00 a.m., Consumption Sunday through Thursday Sunday through Thursday 7:00 a.m. to 1:00 a.m., 1:00 a.m. to 7:00 a.m., Friday and Saturday Friday and Saturday Outdoor Entertainment* 7:00 a.m. and 10:00 p.m., daily 10:00 p.m. to 7:00 a.m., daily (including pre-recorded music) Outdoor 7:00 a.m. to 2:00 a.m., daily 2:00 a.m. to 7:00 a.m., daily Ambient/Background Music** *Expanded hours may be permitted for special events with the issuance of a Temporary Use Permit **The Community Development Director may modify these hours at his/her discretion in response to to noise complaints. M on High Restaurant Resolution No. PC-2019-645 Page 7 22. Food meal service must be available during all business hours that alcoholic beverages are sold. 23. The owner/manager shall be required to obtain Temporary Use Permit (TUP) approval from the City of Moorpark for special events involving outdoor entertainment after 10:00 p.m. Such application shall be made at least thirty (30) calendar days prior to the commencement of the 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. 24. An employee parking plan shall be submitted for review and approval of the Community Development Director. Employee parking will not be allowed on High Street and Charles Street. 25. All activities on the property must comply with the City's noise regulations. 26. Games or contests requiring or involving the consumption of alcoholic beverages shall not be permitted at any time. 27. 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. 28. 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. 29. As a condition of this permit, the applicant agrees to offer all on-site parking spaces for inclusion in a future shared parking program for the Downtown High Street area, upon the review and approval of the Community Development Director. This includes the recording of related covenants or agreement necessary to ensure the availability of these parking spaces for the parking program. -END-