HomeMy WebLinkAboutAGENDA REPORT 2019 0528 REG PC ITEM 08BCITY OF MOORPARK, CALIFORNIA
Planning Commission Meeting
of May 28, 2019
ACTION:
Approved Staff Recommendation, With
Changes as Proposed by the
Commission, Including Adoption of
Resolution No. PC-2019-639.
BY: J. Figueroa
B. Consider a Resolution Approving Conditional Use Permit 2019-02, to Allow an
Approximately 2,720 Square-Foot Winery and Tasting Room with an
Approximately 494 Square-Foot Mezzanine Used as an Office and Storage
Inside an Existing 13,777 Square-Foot Industrial Building, Located at 330
Zachary Street, Units #107 and 108 and Making a Determination Of Exemption
Under CEQA in Connection Therewith, on The Application Of Luigi Lucas (Lucas
Sellers Wine) Staff Recommendation: 1) Open the public hearing, accept public
testimony and close the public hearing; and 2) Adopt Resolution No. PC-2019-
639 for conditional approval of Conditional Use Permit No. 2019-02.
Item: 8.B.
Item: 8.B.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: Freddy A. Carrillo, Associate Planner ll
DATE: 05/28/19
SUBJECT: Consider a Resolution Approving Conditional Use Permit 2019-02, to
Allow an Approximately 2,720 Square-Foot Winery and Tasting Room
with an Approximately 494 Square-Foot Mezzanine Used as an Office
and Storage Inside an Existing 13,777 Square-Foot Industrial
Building, Located at 330 Zachary Street, Units #107 and 108 and
Making a Determination Of Exemption Under CEQA in Connection
Therewith, on The Application Of Luigi Lucas (Lucas Sellers Wine)
PROJECT DESCRIPTION
On April 5, 2019, Luigi Lucas (Lucas Sellers Wine) submitted an application for a
Conditional Use Permit (CUP) to allow an approximately 2,720 square-foot winery and
tasting room and an approximately 494 square-foot mezzanine used as an office and
storage inside an existing 13,777 square-foot industrial building, located at 330 Zachary
Street, Units #107 and #108. The applicant is also proposing to share an outdoor beer
garden with Enegren Brewery. Food preparation or service is not included in this
application.
DISCUSSION
Project Setting
Existing Site Conditions:
The use is proposed within an existing one story, multi-tenant industrial building, located
on the east side of Zachary Street, at the intersection of Flinn Avenue. The industrial
park includes a mix of office, microbrewery, and light manufacturing uses.
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Previous Applications:
On August 23, 1983, the Planning Commission approved Development Plan (DP)
Permit No. 291, for the construction of three industrial buildings, totaling 42,660 square
feet on approximately 3.05 acres in the 400 block of Zachary Street at the end of Flinn
Avenue.
On February 25, 2014, the Planning Commission approved CUP No. 2014-02 to
establish a microbrewery (Enegren Brewery) business within a 7,380 square foot tenant
space at 444 Zachary Street, Units 116-120. The CUP allowed the brewery to have
operating hours between 10:00 a.m. and 10:00 p.m. The brewery is conditionally
approved to produce, store, bottle, can, and sell beer in the tasting room and through
retail sales.
On March 26, 2019, the Planning Commission approved Modification No. 1 to CUP No.
2014-02, to allow the existing microbrewery (Enegren Brewery) a 1,800 square-foot
outdoor beer garden; expansion of 5,000 square-feet for storage and production;
modification to existing hours of operation; and allow up to 12 special events a year at
444 Zachary Street, Units 116-120.
GENERAL PLAN/ZONING
Direction General Plan Zoning Land Use
Site Light Industrial (l-1) Industrial Park (M-1) Light Industrial
North Light Industrial (l-1) Industrial Park (M-1) Caltrans Yard
South Light Industrial (l-1) Industrial Park (M-1) Light Industrial
East Floodway Industrial Park (M-1) Arroyo Simi
West Light Industrial (l-1) Industrial Park (M-1) Light Industrial
General Plan and Zoning Consistency:
The light industrial land use designation in the General Plan is intended to provide for a
variety of light industrial service, technical research, and business office uses within the
City. A winery and tasting room are compatible with this designation. The Zoning
Ordinance requires Planning Commission approval of a Conditional Use Permit for
wineries and tasting rooms in the Industrial Park (M-1) Zone. 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.
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ANALYSIS
Issues
Staff analysis of the proposed project has identified the following issues area for
Planning Commission consideration:
1.Hours of Operation:
2. Alcohol Service:
3.Live Entertainment:
1.Hours of Operation: The normal operating hours (open to the public) of the facility
are weekdays after 5:00 p.m. and weekends after 10:00 a.m. To ensure security
at this business and surrounding businesses, a draft condition of approval is
recommended restricting on-site customer sales and service to the hours of 9:00
a.m. to midnight daily. These hours will give the applicant flexibility in opening
earlier on weekdays. These hours are also consistent with operating hours of
Enegren Brewery.
2.Alcohol Service: The applicant has applied for a Type 02 (Winegrower) license
through the California Alcohol Beverage Control Board. 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. Besides
wine making equipment, larger wineries may also feature warehouses, bottling
lines, laboratories, and large expanses of tanks known as tank farms. The
licensee may also sell wine for off-site consumption and on-site consumption if a
restaurant is located in the premises. In addition, the manufacturer may conduct
wine tastings under specified conditions, and minors are allowed on the
premises. A Type 02 license would prevent the winery from becoming a bar. A
special condition of approval is recommended to maintain this type of license for
the facility.
3.Live Entertainment: The applicant is requesting to have live entertainment, such
as acoustic guitarist or amplified music, on weekends (Friday through Sunday)
during opening hours. It is common for tasting rooms to have music playing while
customers are enjoying wine tasting. In order to avoid noise from negatively
impacting adjacent businesses, a condition of approval is recommended to keep
live entertainment indoors at all times and to not allow noise from entertainment
to be heard outside of the establishment. Although the winery will be sharing
the outside beer garden seating area with Enegren Brewery for service and
consumption, control of the seating area will remain with Enegren. This includes
food service and entertainment.
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Findings
1.The proposed use is consistent with the provisions of the general plan, zoning
ordinance, and any other applicable regulations in that wineries 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 business park;
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 conditions of approval have been proposed
to regarding hours of operation and live entertainment;
5.The proposed use as conditioned would not be detrimental to the public health,
safety, convenience, or welfare in that the operation of this winery is compatible
with the surrounding light industrial uses due to conditions that have been
imposed limiting hours of operation and alcohol service.
ADDITIONAL FINDINGS FOR ESTABLISHMENTS SELLING ALCOHOLIC
BEVERAGES:
1.The use will not result in an over-concentration in the area of establishments
selling alcoholic beverages. The proposal is unique in that it is primarily a
production and wholesale facility. Wine tasting is an ancillary use. There is one
similar use within the existing office/industrial park.
2.The use will serve a public convenience in that the sale of wine, from this location
allows restaurants and the public a local choice for wine.
3.The use will not create the need for increased police services in that conditions
are required to ensure proper control of the sale of wine for on-site and off-site
consumption.
4.The requested use at the proposed location will not adversely affect the
economic welfare of the community in that locally produced wine is not currently
produced in Moorpark.
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5.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.
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 Determined Complete: May 10, 2019
Planning Commission Action Deadline: August 8, 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 Sections 15301 (Class 1: Existing Facilities) of the CEQA Guidelines
because no physical change will occur in any of the existing commercial buildings and
there will be no expansion of the existing use. The proposed subdivision, as
conditioned, is consistent with the General Plan and Zoning regulations. No further
environmental documentation is required.
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 May 19, 2019.
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2.Mailing. The notice of the public hearing was mailed on May 17, 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 May 17,
2019.
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. 2019-02.
ATTACHMENTS:
1.Location Map
2.Aerial Map
3.Project Exhibits
A. Site Plan
B. Floor Plan (Ground Floor)
C. Floor Plan (Mezzanine Area)
4.Draft PC Resolution with Conditions of Approval
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Units 107 and 108
Proposed LocationPC ATTACHMENT 310
RESOLUTION NO. PC-2019-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT 2019-02, TO ALLOW AN APPROXIMATELY 2,720
SQUARE-FOOT WINERY AND TASTING ROOM WITH AN
APPROXIMATELY 494 SQUARE-FOOT MEZZANINE USED AS
AN OFFICE AND STORAGE INSIDE AN EXISTING 13,777
SQUARE-FOOT INDUSTRIAL BUILDING, LOCATED AT 330
ZACHARY STREET, UNITS #107 AND 108 AND MAKING A
DETERMINATION OF EXEMPTION UNDER CEQA IN
CONNECTION THEREWITH ON THE APPLICATION OF LUIGI
LUCAS (LUCAS SELLERS WINE)
WHEREAS, on April 5, 2019, an application was filed for a Conditional Use
Permit (CUP) No. 2019-02, to allow an approximately 2,720 square-foot winery and
tasting room with an approximately 494 square-foot mezzanine used as an office and
storage inside an existing 13,777 square-foot industrial building, located at 330 Zachary
Street, Units #107 and 108; and
WHEREAS, at a duly noticed public hearing on May 28, 2019, for CUP No. 2019-
02, 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. 2019-02 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 proposed winery 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.
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 proposed winery 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.
PC ATTACHMENT 4
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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 any other applicable regulations in that wineries 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 business park;
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 conditions of approval have been proposed
to regarding hours of operation and live entertainment;
E. The proposed use as conditioned would not be detrimental to the public health,
safety, convenience, or welfare in that the operation of this winery is compatible
with the surrounding light industrial uses due to conditions that have been
imposed limiting hours of operation and alcohol service.
SECTION 3. ADDITIONAL FINDINGS FOR ESTABLISHMENTS SELLING
ALCOHOLIC BEVERAGES:
A. The use will not result in an over-concentration in the area of establishments
selling alcoholic beverages. The proposal is unique in that it is primarily a
production and wholesale facility. Wine tasting is an ancillary use. There is one
similar use within the existing office/industrial park.
B. The use will serve a public convenience in that the sale of wine, from this location
allows restaurants and the public a local choice for wine.
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 wine for on-site and off-site
consumption.
D. The requested use at the proposed location will not adversely affect the
economic welfare of the community in that locally produced wine is not currently
produced in Moorpark.
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Resolution No. PC-2019-
Page 3
E. The exterior appearance of the structure will not be inconsistent with the external
appearance of commercial structures already constructed or under construction
on surrounding properties, or within the immediate neighborhood so as to cause
blight, deterioration or substantially diminish property values within the
neighborhood.
SECTION 4. PLANNING COMMISSION APPROVAL: the Planning
Commission herby approves CUP No. 2019-02 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 28th day of May, 2019.
Debra Aquino
Chair
Karen Vaughn, AICP
Community Development Director
Exhibit A –Conditions of Approval
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Resolution No. PC-2019-
Page 4
EXHIBIT A
CONDITIONS OF APPROVAL FOR
CONDITIONAL USE PERMIT (CUP) No. 2019-02
STANDARD CONDITIONS OF APPROVAL
The applicant shall comply with Standard Conditions of Approval for Conditional Use
Permits as adopted by City Council Resolution No. 2009-2799 (Exhibit B), except as
modified by the following Special Conditions of Approval. In the event of conflict
between a Standard and Special Condition of Approval, the Special Condition shall
apply.
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.On site sales, service or consumption of alcoholic beverages allowed by this
Conditional Use Permit are permitted only between the hours of 9:00 a.m. to
midnight daily.
3.This premise is not licensed by ABC to operate as a bar or a nightclub and must
be maintained as a winery, for production and tasting room only, with a Type 02
ABC license.
4.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.
5.No person under the age of eighteen (18) may serve wine to customers.
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Resolution No. PC-2019-
Page 5
6.Any and all employees directly involved or supervising the sale/service of
alcoholic beverages shall provide evidence and the business shall maintain
records that employees have:
a.Received training from the State of California Department of Alcoholic
Beverage Control (ABC) “Leadership and Education in Alcohol and Drugs”
LEAD program or other Responsible Beverage Service (RBS) program, in
the form of an ABC issued certificate.
b.The Owner/Manager shall confirm with the California Department of
Alcoholic Beverage Control within fifteen (15) days of hire any new
employee has been scheduled with the local ABC office to attend a LEAD
or RBS program course.
7.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.
8.No employee may serve or sell any alcoholic beverages to any person less than
twenty-one (21) years of age.
9.The manager or his/her designee shall be responsible to supervise the exterior of
the business to assure that no wine is served or consumed outside the facility. The
owner/manager shall not permit any loitering on the property adjacent to the facility.
10.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.
11.Games or contests requiring or involving the consumption of alcoholic beverages
shall not be permitted at any time.
12.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.
13.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
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Resolution No. PC-2019-
Page 6
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.
14.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.
15.Music and amplified sound, whether live or pre-recorded, may only 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.
16.Areas inside the facility open to customers must be illuminated sufficiently to
allow the identification of persons.
17.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.
18.No increase of floor area, other than what is being permitted as part of this
Modification, is permitted without approval of an additional permit adjustment or
modification.
19.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.
20.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.
21.A separate sign permit application is required for all proposed signs, which are
subject to the review and approval of the Community Development Director.
22.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.
-END-
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