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HomeMy WebLinkAboutAGENDA REPORT 2019 0827 REG PC ITEM 08ACITY OF MOORPARK, CALIFORNIA Planning Commission Meeting of August 27, 2019 ACTION: Approved Staff Recommendation, With Changes as Proposed by the Commission, Including Adoption of Resolution No. PC-2019-642. BY: J. Figueroa A. Consider a Resolution Approving Conditional Use Permit (CUP) 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). (continued public hearing from July 23, 2019) Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC-2019-642 for conditional approval of Conditional Use Permit No. 2019-03. Item: 8.A. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Freddy A. Carrillo, Associate Planner ll DATE: 08/27/19 Regular Meeting SUBJECT: Consider a Resolution Approving Conditional Use Permit (CUP) 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) 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 Conditional Use Permit No. 2019-03. PROJECT DESCRIPTION On August 1, 2019, Patrick Kelley (for Cavaletti Vineyards, LLC) submitted an application for a CUP to allow the production, tasting, and sale of wine for off-site consumption within a 960 square-foot tenant space of an existing 11,492 square-foot commercial office building, located at 111-165 Poindexter Avenue, Suite D. The Zoning Ordinance requires Planning Commission approval of a CUP for wineries and tasting rooms (with or without restaurant), and wine sales for off-site consumption in the General Commercial (C-2) zone. The proposed use includes an area for wine production, tasting area and the sale of wine for off-site consumption. No food service is proposed with this application. Item: 8.A. 1 Honorable Planning Commission CUP No. 2019-03 Cavaletti Vineyards 08/27/2019 Regular Meeting Page 2 This application was previously scheduled for consideration at the July 23 Planning Commission meeting, but this hearing was continued due to a lack of quorum. Furthermore, on August 1, 2019, the applicant revised his application by adding a tasting area to his business operation. Staff has re-advertised the hearing and added tasting to the notices. DISCUSSION Existing Site Conditions: The site is improved with an existing 11,492 square-foot, single-story, multi-tenant commercial office building, known as the Dexmore Center. The center hosts a mix of uses, including offices, retail sales, a martial arts studio, and a barbershop. The subject tenant space is currently vacant but had previously been occupied as a gym. The property is also developed with 37 on-site parking spaces, as well as loading facilities, and associated improvements. Previous Applications: On February 22, 1979, the County of Ventura approved Development Plan Permit No. 205, for the construction of the subject building. On April 5, 2012, the Community Development Director approved Permit Adjustment No. 1 to Development Permit No. 205, to allow façade improvements to the existing building. The following table summarizes the General Plan, zoning, and existing land uses on the subject property and vicinity. Surrounding Land Uses Direction General Plan Zoning Land Use Site General Commercial (C-2) General Commercial (C-2) Commercial Office North Light Industrial (l-1) Industrial Park (M-1) Ventura County Transportation Commission Yard South Medium Density Residential (4 DU/AC) Single-Family Residential (R-1) Residential Homes East Old Town Commercial (C-OT) Old Town Commercial (C-OT) Vacant Building West Light Industrial (l-1) Industrial Park (M-1) Light Industrial 2 Honorable Planning Commission CUP No. 2019-03 Cavaletti Vineyards 08/27/2019 Regular Meeting Page 3 General Plan and Zoning Consistency: The General Commercial (C-2) land use designation in the General Plan is intended for a wide range of retail and service activities. Similarly, he C-2 zoning designation is intended to provide areas of shopping and personal services to meet the daily needs of the immediate neighborhood. The production, tasting, and retail sale of wine for off-site consumption is compatible with this designation and offers a community amenity. This allows the Commission to consider making the required findings for approval of the application and the imposition of conditions of approval, as deemed necessary. Off-Street Parking: The Municipal Code requires one parking space per 300 square feet of retail floor area and one parking space per 500 square feet of production. In addition, a tasting area requires one parking space per 100 square feet, with a minimum of 10 parking spaces. The applicant is proposing an 864 square-foot area for wine production and a 96 square-foot area for the tasting and retail sale of wine. While the Code requires 10 spaces for tasting and retail sales, these proposed uses would only encompass a 96 square-foot area within the tenant space and can be considered ancillary to the primary wine production use production (864 square feet). Furthermore, the size of the tasting area is strictly limited to a maximum of 10% of the space (96 square feet) by Building Code occupancy requirements. Therefore, three off-street parking spaces are required for the proposed use. In contrast, the previously approved use of the space as a gym involved workout sessions for small groups. The three off-street parking spaces required for the winery is substantially less than the parking required to serve the previous use. The applicant has also indicated that the lease agreement makes a total of five off-street parking spaces available for his exclusive use. Therefore, the proposed uses will be adequately served by the existing 37 parking spaces on-site. ANALYSIS Issues for Consideration: Staff analysis of the proposed project has identified that the land use, including the production, tasting, and sale of wine for off-site consumption, is the issue area for Planning Commission consideration: The Applicant has applied for a Type 02 (Winegrower) license with the California Department of Alcoholic Beverage Control Board (ABC). This license allows use of the site as a “winery”. A winery is an establishment producing wine, or a business involved in the production of wine, such as a wine company. In addition to wine making equipment, larger wineries may also feature warehouses, bottling lines, laboratories, and large expanses of tanks known as tank farms. Interior improvements proposed include a retail counter; press machine to crush grapes; a laboratory area for wine testing; and barrels and variables tanks for fermentation and aging. Generally, the production of wine does not result in any impacts to adjacent tenants, particularly in light of the small-scale proposed. 3 Honorable Planning Commission CUP No. 2019-03 Cavaletti Vineyards 08/27/2019 Regular Meeting Page 4 The proposed tasting and retail area occupies approximately 96 square feet immediately inside of the public entrance, along Poindexter Avenue. The Building Code limits the wine tasting area to a maximum of 10% of the tenant space, due to occupancy regulations. Wine production will take place indoors during the hours of 8:00 a.m. to 8:00 p.m., daily. The tasting and retail area will be open to the public Friday through Sunday, from 11:00 a.m. to 6:00 p.m. After bottling, 95% of the wine produced is sent to a licensed wine storage facility in Oxnard and is then distributed by the Applicant. The remaining 5% will stay on-site for tasting and retail sales and for shipment to wine club members. In order for Moorpark to gain sales tax revenues from this use, a special condition of approval has been added for the applicant to provide 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. In addition, applicant will need to submit 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. ABC regulations associated with the Type 02 License allow the Applicant to provide wine tasting to the public within the establishment. A special condition of approval is recommended to establish that any changes to the business that may be considered in the future will require a modification to the CUP. Findings: 1. The proposed use is consistent with the provisions of the General Plan, zoning ordinance, and all 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”. 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 office space, retail stores, martial arts studio, pro wrestling school, and barbershop located within the center. 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. 4. 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. 5. 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. 4 Honorable Planning Commission CUP No. 2019-03 Cavaletti Vineyards 08/27/2019 Regular Meeting Page 5 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 provisions of these regulations, the following timelines have been established for action on this project: Date Application Filed: June 6, 2019 Date Application Determined Complete: June 21, 2019 Application Resubmitted with Additional Tasting Use: August 1, 2019 Planning Commission Action Deadline: September 19, 2019 ENVIRONMENTAL DETERMINATION In accordance with the City’s environmental review procedures adopted by resolution, the Community Development Director or designee determines the level of review necessary for a project to comply with the California Environmental Quality Act (CEQA). Some projects may be exempt from review based upon a specific category listed in CEQA. Other projects may be exempt under a general rule that environmental review is not necessary where it can be determined that there would be no possibility of significant effect upon the environment. A project which does not qualify for an exemption requires the preparation of an Initial Study to assess the level of potential environmental impacts. The Director has reviewed this project and found it to be Categorically Exempt in accordance with Section 15301 (Class 1: Existing Facilities) of the CEQA Guidelines because no physical change will occur in the existing commercial building. The production, tasting, and sale of wine for off-site consumption is consistent with the General Plan and zoning regulations. Therefore, Staff has determined that 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 August 18, 2019. 5 Honorable Planning Commission CUP No. 2019-03 Cavaletti Vineyards 08/27/2019 Regular Meeting Page 6 2. Mailing. The notice of the public hearing was mailed on August 16, 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 August 16, 2019. ATTACHMENTS: 1. Location Map 2. Aerial Map 3. Project Exhibit – Site Plan 4. Project Exhibit – Floor Plan 5. Draft Resolution with Conditions of Approval 6 Location Map 111 - 165 Poindexter Avenue, Suite D PC ATTACHMENT 17 Aerial Map 111 - 165 Poindexter Avenue, Suite D PC ATTACHMENT 28 PC ATTACHMENT 3 9 PC ATTACHMENT 4 10 RESOLUTION NO. PC-2019- 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. PC ATTACHMENT 5 11 Resolution No. PC-2019- 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. 12 Resolution No. PC-2019- 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: NOES: ABSENT: ABSTAIN: PASSED, AND ADOPTED this 27th day of August, 2019. Debra Aquino Chair Karen Vaughn, AICP Community Development Director Exhibit A – Conditions of Approval 13 Resolution No. PC-2019- 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. 14 Resolution No. PC-2019- 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. 15 Resolution No. PC-2019- 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. Public Works 21. 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 -END- 16