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HomeMy WebLinkAboutRES PC 2019 646 2019 1126 RESOLUTION NO. PC-2019-646 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2019-04, TO ALLOW THE OPERATION OF A BREWERY PRODUCING BEER FOR ON-SITE AND OFF-SITE CONSUMPTION WITHIN AN EXISTING 5,200 SQUARE FOOT INDUSTRIAL BUILDING LOCATED AT 11990 HERTZ STREET, AND MAKING A DETERMINATION OF EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN CONNECTION THEREWITH ON THE APPLICATION OF TERRY BAKER (ANGRY FERRET BREWING COMPANY, LLC) WHEREAS, on September 3, 2019, an application was filed for a Conditional Use Permit (CUP) No. 2019-04, to allow the operation of a brewery producing beer for on- and off-site within an existing 5,200 square foot industrial building located at 11990 Hertz Street; and WHEREAS, at a duly noticed public hearing on November 26, 2019, for CUP No. 2019-04, 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. 2019-04 is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Class 1: Existing Facilities) of the CEQA Guidelines. 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 CEQA pursuant to Section 15301 (Class 1: Existing Facilities) of the CEQA Guidelines. The proposed brewery 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. 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: CUP No. 2019-04 Angry Ferret Brewery Resolution No. 2019-646 Page 2 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 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 limited industrial zone and provides an amenity to the uses in the vicinity. 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 consumption of beer would take place indoors and conditions of approval have been imposed to limit any potential impacts related to the proposed entertainment to the interior 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 operation of this brewery is compatible with the surrounding medium industrial uses due to conditions that have been imposed to mitigate potential impacts to the public. SECTION 3. ADDITIONAL FINDINGS FOR ESTABLISHMENTS SELLING ALCOHOLIC BEVERAGES: A. The use will not result in an over-concentration of outlets engaged in the sale of alcoholic beverages within Census Tract 76.11. The proposal is unique in that it is primarily a production and wholesale facility. The sale of beer for on- and off- site consumption is an ancillary use and there are no similar uses within the existing industrial park. B. The use will serve a public convenience in that the sale of beer from this location provides the public a local choice for 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. CUP No. 2019-04 Angry Ferret Brewery Resolution No. 2019-646 Page 3 D. The requested use at the proposed location will not adversely affect the economic welfare of the community. E. The exterior appearance of the structure will not be inconsistent with the external appearance of industrial 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 OFF-SITE PARKING: Based upon the information set forth in the staff report(s), accompanying studies, and the conditions of approval included herein, the Planning Commission makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.32.040(B): A. Fifty percent (50) or less of the required parking is off-site. B. A parking covenant is recorded against the site tying the off-site parking with the off-site use until the parking is replaced. SECTION 5. PLANNING COMMISSION APPROVAL: The Planning Commission herby approves CUP No. 2019-04 subject to the Standard and Special Conditions of Approval found in Exhibit A attached. CUP No. 2019-04 Angry Ferret Brewery Resolution No. 2019-646 Page 4 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: Commissioners Di Cecco, Landis, Vice Chair Haverstock, and Chair Aquino NOES: None ABSENT: Commissioner Hamous ABSTAIN: None PASSED, AND ADOPTED this 26th day of November, 2019. Debra Aqui6a Chair OCCa Karen Vaughn, AICP f Community Development D'rector Exhibit A —Conditions of Approval CUP No. 2019-04 Angry Ferret Brewery Resolution No. 2019-646 Page 5 EXHIBIT A CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT (CUP) No. 2019-04 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, 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. On-site sales, service or consumption of alcoholic beverages allowed by this Conditional Use Permit are permitted only between the hours of 1:00 p.m. to 7:00 p.m., on Sunday; 3:30 p.m. to 10:00 p.m., Monday through Thursday; 3:00 p.m. to midnight on Friday; and noon to midnight on Saturday. Any proposed modification to these hours of operation must be approved by the Community Development Director through a Permit Adjustment and subsequently approved by the Department of Alcoholic Beverage Control. The Applicant may also obtain a Temporary Use Permit for a special event that proposes alternate hours, subject to the approval of the Community Development Director. CUP No. 2019-04 Angry Ferret Brewery Resolution No. 2019-646 Page 6 4. This premise is not licensed by California Department of Alcoholic Beverage Control (ABC) to operate as a bar or a nightclub and must be maintained as a brewery and tasting room with live entertainment only, with a Type 23 ABC license. 5. 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 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 (Ventura 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. 6. A separate sign permit application is required for all proposed signs, which are subject to the review and approval of the Community Development Director. 7. There shall be no advertising of any kind or type promoting or indicating the availability of beer visible from the exterior of the building, other than signage allowed pursuant to City Council Resolution No. 89-599 and Chapter 17.40 of the Zoning Ordinance. Interior signs or displays of beer that are clearly visible to the exterior shall constitute a violation of this condition. 8. Prior to the occupancy of the proposed use, the Applicant shall refine the draft Shared Parking Agreement and provide the Community Development Director with an executed copy of the Shared Parking Agreement. The Shared Parking Agreement shall be recorded against the property on which the shared parking is located. The Agreement shall secure 11 off-street parking spaces in addition to the 12 off-street spaces provided at 11990 Hertz Street. The Agreement must describe the hours of operation of both Angry Ferret Brewery at 11990 Hertz Street and any existing businesses on the property on which the shared parking is provided. This Agreement shall demonstrate that the availability of the off-site parking to Angry Ferret Brewery does not conflict with operations of any businesses on the property on which the shared parking is provided, subject to the approval of the Community Development Director. The Agreement shall also include an exhibit clearly identifying the spaces provided for the Brewery and secured by the Agreement. The Agreement must also include provisions for the CUP No. 2019-04 Angry Ferret Brewery Resolution No. 2019-646 Page 7 installation of signage at both 11990 Hertz Street and the property on which the shared parking is located that will identify the availability of the additional parking during the designated hours. The design and placement of these signs shall be subject to the approval of the Community Development Director. 9. As a condition of approval, the Applicant agrees to take reasonable measures to ensure that customers of Angry Ferret Brewery are parked at 11990 Hertz Street or within approved off-site parking area(s). 10. Applicant shall provide notification to the Community Development Director within 48 hours of the termination of the shared parking agreement. Following notification to the City of the termination of the shared parking agreement, the Applicant will have a six month "grace period" to remedy the parking deficiency by: a. Submitting documentation of a new shared parking agreement for off-site parking that satisfies the deficient number of spaces; b. Submitting updated floor plans and tenant improvements that reduce the tasting room use/floor space to that which can be accommodated by the parking spaces provided on-site; or c. Submitting a parking demand study that demonstrates the existing number of parking spaces on-site is sufficient to serve the demands of the use, to the satisfaction of the Community Development Director. Applicant acknowledges that failure to remedy the parking deficiency by the end of the grace period constitutes a violation of this conditional use permit and may result in civil citations or revocation of the Conditional Use Permit. 11. No person under the age of twenty-one (21) may serve beer to customers, except as specifically permitted by State law. 12. No employee may serve or sell any alcoholic beverages to any person less than twenty-one (21) years of age. 13. 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. CUP No. 2019-04 Angry Ferret Brewery Resolution No. 2019-646 Page 8 14. 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. 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 properties 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. Games or contests requiring or involving the consumption of alcoholic beverages shall not be permitted at any time. 18. Approval of a Zoning Clearance is required prior to the issuance of building permits. 19. 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. 20. 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. 21. 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 CUP No. 2019-04 Angry Ferret Brewery Resolution No. 2019-646 Page 9 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. 22. 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. 23. 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. 24. Areas inside the facility open to customers must be illuminated sufficiently to allow the identification of persons. 25. 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. 26. No increase of floor area, other than what is being permitted as part of this Conditional Use Permit, is permitted without approval of an additional permit adjustment or modification. 27. 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. 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. 29. 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. 30. 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. 31. Prior to issuance of a zone clearance for the proposed use, the applicant shall submit a security plan to the Moorpark Police Department that includes the type of security system and cameras used. The motion detection burglary or intrusion CUP No. 2019-04 Angry Ferret Brewery Resolution No. 2019-646 Page 10 alarm systems shall utilize "Dual Technology" sensors capable of differentiating between human and non-human movement. 32. 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. 33. 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. 34. All other conditions of approval of Industrial Planned Development (IPD) Permit No. 88-13 shall continue to apply, except as revised herein. 35. Prior to occupancy, Applicant shall 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 36. Prior to issuance of building permits, Applicant shall revise the site plan to provide two additional parking spaces at 11990 Hertz Street, for a total of 12 parking spaces on-site, subject to the approval of the Planning Manager.