HomeMy WebLinkAboutAGENDA REPORT 2019 1125 REG PC ITEM 08BCITY OF MOORPARK, CALIFORNIA
Planning Commission Meeting
of November 26, 2019
ACTION:
Approved Staff Recommendation,
Including Adoption Of Amended
Resolution No. PC-2019-646.
BY: J. Figueroa
B. Consider a Resolution 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 Approximately 5,200 Square-Foot Industrial Building,
Located at 11990 Hertz Avenue, 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. Staff
Recommendation: 1) Open the public hearing, accept public testimony and close
the public hearing; and 2) Adopt Resolution No. 2019-646 approving Conditional
Use Permit No. 2019-04, subject to certain findings and conditions.
Item: 8.B.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: Philip Neumann, Planning Technician
DATE: 11/26/19 Regular Meeting
SUBJECT: Consider a Resolution 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 Approximately 5,200 Square
Foot Industrial Building Located at 11990 Hertz Avenue, 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.
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the public hearing;
and
2. Adopt Resolution No. 2019-____ approving Conditional Use Permit No. 2019-04,
subject to certain findings and conditions.
PROJECT DESCRIPTION
On September 3, 2019, Terry Baker submitted an application on behalf of Angry Ferret
Brewing Company, LLC for a Conditional Use Permit (CUP) to allow the operation of a
brewery producing beer for on- and off-site consumption with the small beer
manufacturer license (Department of Alcoholic Beverage Control (ABC) License Type
23) within an existing 5,200 square-foot industrial building located at 11990 Hertz
Avenue, within the M-1 zoning district (“Project”).
Item: 8.B.
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EXISTING AND SURROUNDING LAND USES
The site consists of a 5,200 square foot building with associated site improvements on a
12,515 square foot lot. The use is proposed within the existing one-story industrial
building, located on the south side of Hertz Avenue at the intersection of Atlantis Court.
The surrounding area includes a mix of medium industrial uses, including businesses
involving the engineering and manufacturing of electric motors, wholesale and
distribution of spa and bath aromatherapy, and distribution of threaded aircraft and
aerospace fasteners. The following table identifies the General Plan, zoning, and
existing land uses on the subject property and in the vicinity:
Location General Plan Zoning Existing Land Use
Project Site
Medium Industrial
Limited Industrial (M-2)
Industrial Development
North
Medium Industrial
Limited Industrial (M-2)
Industrial Development
South
Medium Industrial
Limited Industrial (M-2)
Industrial Development
East
Medium Industrial
Limited Industrial (M-2)
Industrial Development
West
Medium Industrial
Limited Industrial (M-2)
Industrial Development
BACKGROUND
On April 17, 1989, the Planning Commission approved Industrial Planned Development
(IPD) Permit No. 88-13, to construct a 5,200 square foot industrial building on the
12,480 square-foot lot. The building is currently occupied by American Appliance
Factory Direct, Inc., Southern California Water and Mold, LLC dba Rytech of Ventura
County, and Emergency Restoration Services dba Jeannie Clean. .
ANALYSIS
General Discussion
Angry Ferret Brewery would employ approximately seven (7) people, with an estimated
three (3) employees per shift. An estimated one (1) employee would be in the
production area during each shift. The proposed hours of operation are Mondays
through Thursdays 3:30 p.m. to 10:00 p.m.; Fridays 3:00 p.m. until midnight; Saturdays
noon until midnight, and Sundays from 1:00 p.m. until 7:00 p.m.
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The Project would include a 2,978 square-foot beer production area and 2,218 square
feet designated for the tasting room. The tasting area would provide seating for
approximately 39 customers and a 120 square-foot stage for live entertainment. The
nearest residence is located approximately 1,000 feet to the east, on Shasta Avenue.
General Plan and Zoning Consistency
The General Plan land use designation of the subject property is Medium Industrial (I-
2). This land use designation provides for intensive industrial uses, including light
manufacturing, processing, fabrication and other non-hazardous industrial uses.
Similarly, the zoning designation of the property is Limited Industrial (M-2). Breweries,
micro-breweries, including tasting rooms and entertainment are permitted within the M-2
zone, subject to approval of a CUP by the Planning Commission (Municipal Code
Section 17.20.060). This allows for consideration of the compatibility of the proposed
use with surrounding uses in making findings on the application, and adoption of
conditions of approval as deemed necessary. Therefore, with the approval of the
proposed CUP, the proposed use is consistent with the General Plan and zoning
designations on the subject property. Alcohol Service: The applicant has applied for a
Type 23 (Small Beer Manufacturer) License through the California Alcohol Beverage
Control Board (ABC). This license allows use of the site as a brewery that produces
less than 60,000 barrels per year. A “beer manufacturer” means any person, except
those manufacturing pursuant to California Business and Professions Code (CBPC)
Section 23356.2 (home brew), engaged in the manufacture of beer (CBPC Section
23012). This license allows use of the site as a “Brew Pub” or “Micro-Brewery.” A
brewpub is typically a very small brewery with a restaurant where the beer it produces is
sold in draft form exclusively at its own premises. A micro-brewery is a small-scale
brewery operation that generally produces approximately 15,000 barrels a year. Its
beer products are primarily intended for local and/or regional consumption. Food
service is not proposed as part of this application or required by ABC. The business will
include a tasting room with live entertainment. The Type 23 License authorizes the sale
of beer to any distributor holding a license authorizing the sale of beer, and to
consumers for consumption on or off the manufacturer’s licensed premises. Also, the
manufacturer may conduct beer tastings under specified conditions, and minors are
allowed on the premises. The draft resolution (Attachment 5) includes a condition of
approval that requires the applicant to maintain a valid Type 23 License for the facility.
Live Entertainment: The applicant is proposing live indoor entertainment on Friday,
Saturday, and Sunday during business hours. It is common for tasting rooms to have
music playing while customers are enjoying beer tasting. The draft resolution includes a
condition of approval restricting live entertainment to within the building at all times and
prohibiting audible noise outside of the establishment. With the inclusion of this
condition, Staff has no concerns regarding the proposed entertainment.
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Honorable Planning Commission
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Off-Street Parking: Section 17.32.020 of the Municipal Code establishes the off-street
parking requirements for the proposed use. The operation of the 2,218 square-foot
tasting room requires one parking space per 100 square feet of floor area. The
Applicant has described that the 2,978 square-foot brewery would be staffed by one
employee. As a result, a total of 23 off-street parking spaces are required to serve the
proposed use.
Ten (10) off-street parking spaces are currently provided on the Project site. The
applicant proposes to provide the remaining 13 parking spaces through a shared
parking agreement (Draft Attachment 4) with Grace Bible Church, located at 12039
Hertz Street (approximately 200 feet northeast of the Project site)
The Draft Resolution (Attachment 1) includes conditions of approval to ensure that the
final shared parking agreement will secure the required 13 parking spaces, reduce any
potential impacts to adjacent properties, and address any potential conflicts between
the proposed brewery and existing church. The agreement (or a substitute that
provides for 13 spaces) needs to be maintained in perpetuity – as long as Angry Ferret
Brewery is in operation. Specific provisions are also included in the conditions in the
event that the shared parking agreement is terminated.
Police Department Review:
The Police Department has reviewed the application and provided conditions of
approval to address any potential concerns regarding the operation.
FINDINGS
Conditional Use Permit Findings:
1. 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”.
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 those
uses within the surrounding limited industrial zone and provides an amenity to
the uses in the vicinity.
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.
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4. 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.
5. 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.
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.
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.
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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.
Pursuant to Section 15301 (Class 1:Existing Facilities) of the CEQA Guidelines, projects
involving the leasing, licensing, and minor alteration of existing facilities are
categorically exempt from environmental review. The project proposes minor
improvements within an existing industrial building associated with the proposed
licensing and operation of a brewery serving beer for consumption on and off-site. The
proposed use is consistent with the General Plan and zoning regulations applicable to
the subject property. Therefore, the Director has determined that the proposed project
is categorically exempt from environmental review, in accordance with Section 15301 of
the CEQA Guidelines. No further environmental documentation is required.
PROCESSING TIME LIMITS
Time limits have been established for the processing of development projects pursuant
to 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 Submitted: September 3, 2019
Date Application Determined Complete: October 17, 2019
Planning Commission Action Deadline: January 15, 2019
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 November 17, 2019.
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Honorable Planning Commission
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2. Mailing. The notice of the public hearing was mailed on November 15, 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 November
13, 2019.
ATTACHMENTS:
1. Draft Resolution with Conditions of Approval
2. Location Map
3. Aerial Map
4. Project Exhibits
A. Site Plan
B. Floor Plan
5. Draft Shared Parking Agreement
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RESOLUTION NO. PC-2019-___
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- AND OFF-SITE
CONSUMPTION WITHIN AN EXISTING 5,200 SQUARE FOOT
INDUSTRIAL BUILDING LOCATED AT 11990 HERTZ AVENUE,
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 Avenue; 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; 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:
PC ATTACHMENT 1
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Resolution No. 2019-____
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.
D. The requested use at the proposed location will not adversely affect the
economic welfare of the community.
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Resolution No. 2019-____
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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. 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.
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:
NOES:
ABSENT:
ABSTAIN:
PASSED, AND ADOPTED this 26th day of November, 2019.
Debra Aquino
Chair
Karen Vaughn, AICP
Community Development Director
Exhibit A –Conditions of Approval
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Resolution No. 2019-____
Page 4
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.
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Resolution No. 2019-____
Page 5
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 Agreement shall
secure 13 off-street parking spaces in addition to the 10 off-street spaces
provided at 11990 Hertz Avenue. The Agreement must describe the hours of
operation of both Angry Ferret Brewery at 11990 Hertz Avenue 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 installation of
signage at both 11990 Hertz Avenue and the property on which the shared
parking is located that will identify the availability of the additional parking during
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Resolution No. 2019-____
Page 6
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
Avenue 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.
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.
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Resolution No. 2019-____
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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
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.
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Resolution No. 2019-____
Page 8
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
alarm systems shall utilize “Dual Technology” sensors capable of differentiating
between human and non-human movement.
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Resolution No. 2019 -
Page 9
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
17
Location Map - 11990 Hertz Avenue
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This map may represents a visuak display of elated geog raphic information. Data provided hereon is not guarantee of acutual field conditions_ To be sure of con/ plete accuracy, please contact the
responsiblestalt far most up to date information. PC ATTAC H ME NT 2
Aerial Map - 11990 Hertz Avenue
111 = 94 ft
CUP 2014-O4
11/19/2019
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This map may representsa �risuakdisplay of elated geographicinforrnatian. Data provided hereon is not guarantee of acutual field conditions_ To be sure of corn plete accuracy, please contavt the
responsiblestaltf❑T most up to date information. PC ATTACHMENT 3
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PROJECT INPORA TON
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PROJECT OWNER: TERRYBAKER
TERRY
ANGRY FERRET BREWINGCO. LLC
PROJECT ADDRESS: 11990 Hertz Ave,, Moorpark 93021
PARCEL AP.N.#. 5110161-185
LAND USE ZONE : Medium industrial (12)
ZONING: Limited Industrial (M-2)
FARE HAZARD ZONE; NO•
CONSTRUCTION TYPE: -
FIRE SPRINKLERS: YES'$14:41:4444.41
CONDITIONED: YES
OCC LIPANCYCLASSIFitCATION: -
STORIES: 1+,0
LOT SIZE: 1,15S.F.
8l1II_DINO AREA: 5,702 S.F.
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PC ATTACHMENT 4.B. 21
PC ATTACHMENT 5
Shared Parking Agreement
This share d parking agreemem is entered into thi s 2 0th day of Aug 2019 between
Gra ce Bible Church of :\1oorpark (Grantor) and Angry F erret Brewing Company LLC (Grante ~
T h e p arking share shall commence on October 16, 20 19 and shall end Gn O ctobe r 15, 2024 . ,41> ./.),
lu •1JI Ctv5L</U .. f. &i= GMN 7lSi. fir '"r/-li.J ~r<K> ... f-
T he p ar ti es herein mentioned, agr ee to the follo wing :
1. Assertions:
o Facility A ddr ess is: 12039 Hertz St., Moorpark, CA 93021.
o Grace Bible C hurch of Moorpark holds legal title to the facilities.
o This agree m ent is between the parties herein mentioned only and cannot be transferred or
reass i gned to an y one else.
o Grantee agrees to to use the parkin g w i thout disrupting the Grantor 's operations. -~
o Vv7lre11 GrantoT lras a sp-ee-i:&J..-f.H.H.Gt.~-t-re qui r es the us~....their-p aJ.:.kii:i-g,....Gr-ant e wtll 7.>
~nfer-rr1.-the-antee in ad vance, a m:t-G-rante e-wtH-Fe5f>eE-t-G-r:ant&r~@.C-i.al-r-eq.uesLfor_that f3-J
IB-nctiOII by 110 "T1-g-the--fntrki~-e .
0 Grantor is not responsible for any damage done to vehicles and injury to persons that park
on the faci li ties and will be held harmless be grantee if such damage/injury shall occur.
2 . Use of facilities
c Facilities are available for parking only.
c Total number of parking spaces available for use: 13
c No parking on facilities before 3pm Monday -Friday or lpm on Sat and Sun.
o Parkin g allowed in the 13 spaces in the church 's west parking lot (not the north lot in the
back) or th e 5 spa ces across the parking lot from the church.
o No overn ig h t parking.
o N o l oitering .
3 . Maintenance
o No littering.
o No smoking allowed on facility grounds.
o No removing any plant-material, equipment or other material from premises.
4. Indemnification
Grantee agrees to indemnify, defend and hold harmless Grantor from and against all claims,
cau ses of a ction, losses or d a m ag es whatsoever based upon or arising out of personal injury, death or
property da mage sustained b y Grantee and its employees and invitees while using the parking. This
indem n ity is intended to indemnify the Grantor against any such injury, death or damage even if caused
b y a premises defect caused b y or allowed to exist by or through negligence of the Grantor.
5 . Termination
22
This agreement may be terminated by either party by giving 30 days written notice.
6. City Community Development requirement
Angry Ferret Brewing Company LLC shall notify the City Community Development Director
in writing within 24 hours, at any time this shared parking agreement is changed or revoked.
Within 7 days after notice to the City, the applicant shall submit to the satisfaction of the
Community Development Director a proposal to provide for alternative to ensure sufficient off-
site parking.
7. Signed
Grantor:
Printed Name/Title:
f
Signature:
E-rrcl } !cam l
c.,
Lie
Date: 4 2 C• 'to I 1
Grantee:
/
Printed Narperritle: gm. / I g6-5/6c.v /—
Signature( Signature(
Date: ,/ f
23
CALIFORNIA ALL- PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity
of the individual who signed the document to which this certificate is attached,
and not the truthfulness, accuracy, or validity of that document.
State of California }
County of I ) t,24 CL
On t7i} [9 before me, .G ��6 e- �'Lx p/:f{6. Av 1 �� G'
(Here insert na ;re of the officer
personally appeared ' - �r ,( �J :, � '
p Y pp 1� c �'� � � .� �,;�
who proved to me on the bas[i of satisfactory evidence to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capaoity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WIT
S my hand and official seal.
otary ublic S gnature
(Notary Public Seal)
2UL_ v1A E. LA iNE
Notary P..}hlic - California
a- W ritura Cru tly z
2 .4 ' ' Commission # 2196993 n
My Comm Expires May 12, 2021
ADDITIONAL OPTIONAL [NFORMAT ON This INSTRUCTIONS FOR COMPLETING THIS FORM
s form complies with current Coltfort= statutes regarding notary wording arid
r'needed. should be completed and attached to the document. Acknowledgment
from other states may be completed for documents being sent lo that state so long
us the wording does not require the California notary to violate California Mildly
tory.
• Stale and County information must be the State and County where the document
signer(s) personally appeared before the notary public for acknowledgment.
• bale of notarization must be the date that the signer(s) personally appeared which
must also be the same date the acknowledgment is completed.
• The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title (notary public)
• Print the name(s) of document sigttet(s) who personalty appear at the time of
notarization_
• indicate the conect singular or plural forms by crossing off incorrect forms (I.e-
ftrlsheithey, is lace ) or circling the correct forms. Failure to correctly indicate this
information may lead to rejection of document recording.
• The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. if seal impression smudges, re -seal if a
sufficient arca permits. otherwise cornpicie a different acknowledgment forth.
• Signature of the notary public must match the si2namre on file with the office of
the count)/ clerk.
• Additional information is not required but could help to ensure this
acknowledgment is not misused or attached to a different document.
• Indicate title. or type of attached document, number of pages and date.
• Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer. indicate the title (i.e. CEO, CFO, Secretary).
• Securely attach this document to the signed document with a staple.
DESCRIPTION OF THE ATTACHED DOCUMENT
( Isle or description o attached document)
{Title or description of attached document continued)
Number of Pages Gq Document Date4947
CAPACITY CLAIMED BY THE SIGNER
❑ Individual (s)
❑ Corporate Officer
(Title)
❑ Partner(s)
❑ Attorney -in -Fact
• Trustee(s)
❑ Other