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Home My WebLink AboutAGENDA REPORT 2019 1022 REG PC ITEM 08ACITY OF MOORPARK, CALIFORNIA Planning Commission Meeting of October 22, 2019 ACTION: Approved Staff Recommendation, With Changes As Proposed By The Commission, Including Adoption Of Resolution No. PC-2019-645. BY: J. Figueroa A. Consider a Resolution Approving Conditional Use Permit No. 2019-05, to Allow the Operation of a Restaurant (M on High) and Outdoor Dining Area with On-Site Service of Beer, Wine, and Liquor at 255 High Street (Within the Downtown Specific Plan Area), and Making a Determination of Exemption Pursuant to the California Environmental Quality Act (CEQA) in Connection Therewith, on the Application of Hiren Patel (for Command Performance Catering). Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC-2019-645 for conditional approval of Conditional Use Permit No. 2019-05. Item: 8.A. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Freddy A. Carrillo, Associate Planner ll DATE: 10/22/19 Regular Meeting SUBJECT: Consider a Resolution Approving Conditional Use Permit No. 2019- 05, to Allow the Operation of a Restaurant (M on High) and Outdoor Dining Area with On-Site Service of Beer, Wine, and Liquor at 255 High Street (Within the Downtown Specific Plan Are a), and Making a Determination of Exemption Pursuant to the California Environmental Quality Act (CEQA) in Connection Therewith, on the Application of Hiren Patel (for Command Performance Catering) 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. 2019-05. PROJECT DESCRIPTION On September 11, 2019, Hiren Patel, on behalf of Danny Margolis-owner of M on High, submitted an application for a Conditional Use Permit (CUP) to allow the operation of a 2,753 square-foot restaurant and a 4,833 square-foot outdoor dining area with the service of beer, wine, and liquor at 255 High Street (within the Downtown Specific Plan District). The Applicant is also proposing the addition of a freestanding 230 square-foot restroom with storage space and a 320 square-foot service bar and ice cream station within a converted shipping container. These improvements would also allow outdoor activities with easy access to food and bar service. The Zoning Ordinance requires a CUP to allow a restaurant (with or without alcoholic beverage service) when within 100 feet of a residentially zoned property. The nearest residentially-zoned property is adjacent and directly to the north of the project site. The nearest residence is approximately 10 feet directly to the east of the restaurant, within the Commercial Old Town zoning district. The applicant has also applied with the State of California Department of Alcohol Beverage Control (ABC) for a Type 47 License, which would allow the service of beer, wine, and liquor for on-site consumption in conjunction with a dining establishment. Item: 8.A. 1 Honorable Planning Commission CUP No. 2019-05 M on High Restaurant 10/22/2019 Regular Meeting Page 2 DISCUSSION Existing Site Conditions: The 15,000 square-foot lot is improved with an existing 2,735 square-foot vacant building, formerly operated as the Secret Garden Restaurant. The property contains approximately 4,833 square-feet of undeveloped area located at the rear of the property. This area was previously landscaped and was used for special events hosted by the Secret Garden Restaurant. The property also has an existing covered trash enclosure, a 6-foot tall perimeter block wall, and eight on-site parking spaces, including a handicapped accessible space. Previous Applications: On July 2, 1997, the City Council approved Administrative Permit No. 97-11, to allow on-site consumption of beer and wine in conjunction with a restaurant (Secret Garden). On January 4, 2005, the Planning Commission approved CUP No. 2004-06, to allow on- site consumption of beer, wine, and liquor in conjunction with food service at the Secret Garden restaurant. The restaurant closed in 2015 and the alcohol license has been cancelled. 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 Downtown Specific Plan (SP-D) Old Town Commercial (C-OT) Vacant Commercial Building North Medium Density Residential (4 DU/AC) Single-Family Residential (R-1) Single-Family Dwelling South Downtown Specific Plan (SP-D) Old Town Commercial (C-OT) Dirt Parking Lot East Downtown Specific Plan (SP-D) Old Town Commercial (C-OT) Single-Family Dwelling West Downtown Specific Plan (SP-D) Old Town Commercial (C-OT) Two-Story Office Building 2 Honorable Planning Commission CUP No. 2019-05 M on High Restaurant 10/22/2019 Regular Meeting Page 3 General Plan, Zoning, and Specific Plan Consistency: The General Plan designation for the project site is Downtown Specific Plan (SP-D). SP-D is intended to provide for a wide range of retail and service activities. In addition, the proposed sit-down restaurant with outdoor dining meets Goal 8 of the General Plan Lane Use Element to “Provide for new commercial development which is compatible with surrounding land uses”. Similarly, the Old Town Commercial (C-OT) zoning designation is intended to provide development standards and uses within the downtown specific plan area. Furthermore, the proposed use is compatible with this designation and offers a community amenity. The intention of the Downtown Specific Plan is to provide new commercial development and promote the revitalization of the downtown commercial core. This is consistent with Goal 9 of the Land Use Element to “Promote the revitalization of the downtown commercial core” and fulfill Policy 9.1: The visual character of the downtown commercial core shall be strengthened in order to attract a variety of commercial uses and to promote the economic viability of downtown Moorpark”. This allows the Commission to consider making the required findings for approval of the application in that the proposed restaurant and outdoor dining is consistent with 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 gross building floor area for restaurants (with or without service of alcohol) located on High Street. A total of 9 off-street parking spaces would be required for the 2,753 square-foot restaurant. The property currently provides eight off-street parking spaces. The proposed use is consistent with the previously approved use of the property as a restaurant with outdoor dining and special event areas. Furthermore, the addition of restroom facilities and a service bar would not increase the building occupancy. Therefore, staff has determined that the existing parking is sufficient to serve the continued use of the building as a restaurant. While the Municipal Code does not require motorcycle parking for this property, the Applicant, is proposing to add three motorcycle parking spaces near the existing trash enclosure in order to provide additional off-street parking for the business. The applicant has also agreed to participate in future parking strategies for Downtown, including providing the existing parking spaces for use by others as part of a shared parking program. The draft resolution includes a condition of approval memorializing this offer to participate in future parking strategies for Downtown. Outdoor Uses: The site features an existing outdoor patio that is designed to allow outdoor dining with alcohol service. The Applicant is proposing additional improvements to augment and support the outdoor dining/patio area. These include landscaping, an outdoor fireplace, an outdoor game area, a 230 square-foot freestanding restroom with storage space, a 320 square-foot service bar constructed from a converted shipping container, and 3 Honorable Planning Commission CUP No. 2019-05 M on High Restaurant 10/22/2019 Regular Meeting Page 4 outdoor furniture. In addition to the restaurant space, this outdoor area would accommodate larger groups, such as corporate functions, family gatherings, private parties, etc. The exterior of the proposed “shed” shape design restroom would be stucco finished with stone veneer and would be painted to match the existing building. A 661 square- foot awning will be attached to the ridge of the proposed restroom building and onto a 255 square-foot tube steel patio cover. An approximately 150 square-foot area will be available between the restroom and existing restaurant building for entertainment purposes. An additional outdoor entertainment area is also proposed on the western side of the property. Further analysis regarding outdoor entertainment is provided below. Concentration of Alcohol Outlets: Census Tract 76.13 currently has a total of five restaurants that sell alcoholic beverages for on-site consumption and one special on-sale. Natural Café, The Cactus Patch, Brick Oven Cafe, and Luna Llena Cafe operate under a Type 41 (On Sale Beer & Wine – Eating Place - Restaurant) license. Lucky Fools Pub operates under a Type of 47 (On Sale General for Bona Fide Public Eating Place Restaurant) and the Moorpark Community Foundation for the Arts has a Type 64 (Special On-sale General Theater). The applicant is proposing to operate under a Type 47 (On Sale General for Bona Fide Public Eating Place Restaurant) license. This permit authorizes the sale of beer, wine, and liquor for consumption on the premises, and the establishment must be operated and maintained as a bona fide eating place. Minors are also allowed on the premises. The State Department of Alcoholic Beverage Control (ABC) will not issue a license unless the applicant has obtained the necessary permit from the City. In its analysis, the ABC measures the number of businesses selling alcoholic beverages by census tract, and compares this number to other census tracts in the area and derives a target number of establishments based on population. If a census tract would exceed the target number of establishments, then findings of public convenience and necessity need to be made for an ABC permit to be issued. ABC relies on localities to determine whether or not findings of public convenience and necessity can be made when there is an overconcentration of establishments in a census tract. ABC uses population data provided by the Department of Finance to calculate the number of licenses given per census tract. As mentioned above, the project site is located in Census Tract 76.13. ABC allows a total of four licenses for on-site consumption in this tract without meeting the definition of overconcentration. Census Tract 76.13 has six on-site licenses. Although the technical definition of overconcentration would be met with this new license, this census tract is large and includes a high proportion of Moorpark’s commercial shopping areas, including The Village at Moorpark, Moorpark Marketplace, and High Street. Because of the abundance of commercial land in this census tract, it is reasonable that there are more restaurants with alcoholic beverage service than census tracts that do not include large 4 Honorable Planning Commission CUP No. 2019-05 M on High Restaurant 10/22/2019 Regular Meeting Page 5 areas of commercially-zoned land. In addition, approximately half of the census tract is open space, which further lowers the population upon which the number of permits is based. The Moorpark Police Department has reviewed this application and has no issues with the proposed use at this location. ANALYSIS Staff analysis of the proposed project has identified the hours of operation, alcohol sales, and entertainment as the issues for Planning Commission consideration: Proposed Hours of Operation of Alcohol Sales and Indoor Entertainment, including Pre- Recorded Music: The Applicant is proposing hours of operation with alcohol sales and indoor entertainment (including pre-recorded music) from 4:00 p.m. to midnight on Wednesday and Thursdays, 4:00 p.m. to 2:00 a.m. on Friday and Saturday, and on Sunday from 10:00 a.m. to midnight. Proposed Outdoor Entertainment and Pre-Recorded Music: The applicant is proposing two outdoor areas for entertainment, and pre-recorded music to play while live entertainment is not taking place. As proposed, the outdoor areas would be used for live music and special events available until midnight. The outdoor area located in the western side of the property abuts to a parking lot and is approximately 115 feet away from the nearest residence, which is located north of the site. To reduce noise impacts associated with the use of the outdoor area, the Applicant is proposing landscaping, including four trees, on the northwestern side of the property. The placement of the bar and ice cream building within the converted shipping container would serve as an additional noise barrier. The second outdoor area is between the proposed outdoor restrooms and existing building. This area will screened by a 6-foot tall decorative wood screen and would be approximately 20 feet away from the nearest residential home located to the east of the property. Additionally, the property has an existing 6-foot tall block wall around the perimeter of the lot. Permitted Hours of Operation for Existing Restaurants with Alcohol Sales and Indoor Entertainment: Two existing restaurants on High Street are permitted to serve alcohol with indoor entertainment. Lucky Fools Pub is open from 11:00 a.m. to midnight, with their permit limiting the operating hours of the restaurant to 6:00 a.m. until 2:00 a.m. daily, with alcohol sales permitted between the hours of 7:00 a.m. to midnight Sunday through Thursday, and 7:00 a.m. to 1:00 a.m. Friday and Saturday. Luna Llena restaurant is open from 8:00 a.m. to 9:00 p.m. with their permit limiting the operating hours to 10:00 a.m. until midnight, daily. 5 Honorable Planning Commission CUP No. 2019-05 M on High Restaurant 10/22/2019 Regular Meeting Page 6 Staff recommends modifying the hours of operation with alcohol sales and indoor entertainment for consistency with existing restaurants. In addition, due to nearby residential uses, staff recommends outdoor entertainment, including pre-recorded music, be limited to 10:00 p.m. daily. The Applicant may apply for a Temporary Use Permit (TUP) for special outdoor events that are proposed to extend beyond 10:00 p.m. Indoor and outdoor entertainment must also comply with the City Noise ordinance in Chapter 17.53 of the Municipal Code. The following table summarizes staff recommendation on the hours of operation, alcohol sales, and entertainment: Activity Permitted Hours Prohibited Hours Restaurant with Indoor Entertainment (including pre-recorded music) 6:00 a.m. to 2:00 a.m., daily 2:00 a.m. to 6:00 a.m., daily Alcohol Sales for On-Site Service 7:00 a.m. to midnight, Sunday through Thursday Midnight to 7:00 a.m., Sunday through Thursday 7:00 a.m. to 1:00 a.m., Friday and Saturday. 1:00 a.m. to 7:00 a.m., Friday and Saturday Outdoor Entertainment (including pre-recorded music) 7:00 a.m. and 10:00 p.m., daily. 10:00 p.m. to 7:00 a.m., daily. Findings: 1. The proposed use is consistent with the provisions of the General Plan, zoning ordinance, and all applicable regulations in that restaurants are conditionally permitted within the zone, and comply with Goal No. 8 of the General Plan Land Use Element to “provide for new commercial development which is compatible with surrounding land uses”. 2. The proposed use, as conditioned, is compatible with both existing and permitted land uses in the surrounding area in that the restaurant does not conflict with existing commercial uses within the Downtown Specific Plan district. 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, as conditioned, would not be obnoxious or harmful, or impair the utility of neighboring property or uses in that conditions have been added to minimize noise levels. 6 Honorable Planning Commission CUP No. 2019-05 M on High Restaurant 10/22/2019 Regular Meeting Page 7 5.The proposed use, as conditioned, would not be detrimental to the public health, safety, convenience, or welfare in that the restaurant is compatible with the surrounding uses. Additional Findings for Establishments Serving Alcoholic Beverages: 6.Although Census Tract 76.13 exceeds the ABC target number of establishments selling alcoholic beverages for on-site consumption, the census tract includes a number of commercial shopping centers and Moorpark’s Downtown corridor, where such uses are expected. The proposed use under this Conditional Use Permit would not result in a detrimental overconcentration of establishments serving alcoholic beverages for on-site consumption in the area, as these sales will be ancillary to the service of food from this restaurant and subject to conditions of approval intended to minimize potential policing issues. 7.The proposed use will provide a public convenience and necessity, in that the service of alcoholic beverages for on-site consumption is an ancillary use to the proposed restaurant and outdoor dining area. 8.The use will not create the need for increased police services, in that conditions are included to ensure proper control of the sales and service of alcoholic beverages for on-site consumption. 9.The requested use at the proposed location will not adversely affect the economic welfare of the community. 10.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 Filed: September 11, 2019 Date Application Determined Complete: September 30, 2019 Planning Commission Action Deadline: December 30, 2019 7 Honorable Planning Commission CUP No. 2019-05 M on High Restaurant 10/22/2019 Regular Meeting Page 8 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 the proposed use would occur within an already improved lot and building located in downtown. The restaurant is consistent with the General Plan and zoning regulations. Therefore, Staff has determined that there is no substantial evidence that the project would 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 October 13, 2019. 2. Mailing. The notice of the public hearing was mailed on October 10, 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 October 11, 2019. ATTACHMENTS: 1. Location Map 2. Aerial Map 3. Project Exhibits 4. Draft Resolution with Conditions of Approval 8 Location Map - 255 High Street PC ATTACHMENT 19 Aerial Map - 255 High Street PC ATTACHMENT 210 Job: Sheet Date: Scale: Drawn: DATEREVISIONS 9/9/19PLANNING10/7/19 2:54 PM1" ACTUAL /Users/hiro/Desktop/hp designs/•ACTIVE JOBS/19.202.01-255 HIGH ST/19.202.01-CADD/19.202.01-255 HIGH ST-v22.plnA01 10/7/19Plotted On: 10/7/19 AS NOTED SITE REFERENCE PLANHigh St. RestaurantSEALIF THE ABOVE DIMENSION DOES NOT MEASURE ONE INCH (1") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. 1" ACTUAL HP 19.202.01 AS NOTED BY HP 255 E. HIGH ST,MOORPARK, CA 93021hpe s i g n sd3940 Calle Del SolThousand Oaks, CA 91360805. 404. 4887These drawings are the instruments of service and are the property of HP Designs. All designs and other information contained on theseDrawings are for use on the specified project andshall not be used on other projects, or foradditions to this project, or for completion of thisproject by others without first obtaining theexpressed written permission and consent of HPDesigns. These drawings shall not be reproduced,changed, or copied in any form whatsoeverwithout first obtaining the expressed written permission and consent of HP Designs, nor are they to be assigned to any third party without written permission and consent. Copyright: HP DesignsAll Rights Reserved 70'-0"39'-4" 2'-2"18'-0"28'-6"9'-0"9'-0"17'-3"14'-3"5'-0" 5'-0"7'-0"9'-0"8'-10"3'-0"9'-11" 5'-0"10'-0"BLDG-C (N) OUTDOOR SERVICE BAR (converted shipping container) BLDG-B (N) OUTDOOR RESTROOMS (N) CANVAS CANOPY ABOVE (N) TRELLIS ABOVE (N) PAINTED STEEL POSTS (E) PILASTERS & LOW WALL w/ WROUGHT IRON FENCE (E) COVERED TRASH ENCLOSURE (E) WROUGHT IRON GATE (E) WROUGHT IRON GATE (N) WROUGHT IRON GATE & FENCE (N) FIREPLACE (N) STEP-DOWN INTO PATIO (N) PERIMETER LANDSCAPING TO SCREEN WALLS (N) RAMP-DOWN INTO PATIO (N) DECORATIVE WOOD SCREEN (N) METAL ENTRY CANOPY (N) LANDSCAPING (N) ELECTRICAL PULL-BOX (N) CONCRETE PAD (NOTE-PAD & PULL-BOX APPROX. 12 INCHES ABOVE GROUND (N) LOW SHRUBS, TYP. (N) TREES, TYP. NOTE: SEE RENDERINGS FOR ALL OUTDOOR FURNITURE LOCATION (N) LIVE ENTERTAINMENT AREA (N) LIVE ENTERTAINMENT AREA HIGH STREET EXISTING SIDEWALK EXISTING SIDEWALK NEW DRIVEWAY & PARKING APSHALT CONCRETE 100.07 Ft.N89° 54' 29"WPL PL PLPL 150.07 Ft.N00° 05' 13"E150.07 Ft.N00° 05' 13"E100.07 Ft.N89° 54' 16"WEXISTINGADJACENT BUILDINGEXISTINGADJACENT DECK8 (N) OUTDOOR SEATING AREA (N) OUTDOOR SEATING AREA (N) OUTDOOR FLEXIBLE SPACE EXISTING FENCED PATIO (N) MAIN ENTRY (E) EGRESS DOORS (E) PATIO DOOR HARSDCAPED & LANDSCAPED 7 6 5 4 3 2 1 TYP.SECONDARY ENTRY MOTORCYCLE PARKING MOTORCYCLEPARKINGMOTORCYCLEPARKINGBLDG-A (E) ONE-STORY BUILDING with (N) RESTAURANT USE 24'-10"8'-0"12'-10"40'-0"8'-5"5'-8"(N) LIVE ENTERTAINMENT AREA (inside Restaurant) N N 0 5'10'20'SCALE: 1" = 10'A SITE REFERENCE PLAN PROJECT SITE PROJECT ADDRESS 255 E. HIGH ST MOORPARK, CA 93021 PROJECT DESCRIPTION EXISTING 1-STORY BUILDING. NEW RESTAURANT USE. NEW OUTDOOR AREA FOR RESTAURANT USE. LEGAL DESCRIPTION JURISDICTION: CITY OF MOORPARK ASSESSOR PARCEL NUMBER (APN): 512-0-093-180 LEGAL DESCRIPTION: LOTS 4 & 5, BLOCK"E", TOWN OF MOORPARK PER BOOK 5, PAGE 5 OF MAPS PLANNING, ZONING & BUILDING INFO. ZONING: COT (Community Old Town) BUILDING HEIGHT BLDG-A - 16'-6" OVERALL HEIGHT - EXISTING-NO CHANGE BLDG-B- 14'-0" OVERALL HEIGHT BLDG-C- 14'-10" OVERALL HEIGHT (INCLUDING SIGNAGE SUPPORT) PROJECT DATA PROJECT TEAM PROJECT PROFILE LOT AREA GROSS FLOOR AREA OF BUILDING-A GROSS FLOOR AREA OF BUILDING-B GROSS FLOOR AREA OF BUILDING-C NUMBER OF STORIES (ALL BLDGS) PARKING SPACES PROVIDED PARKING SPACES REQUIRED MOTORCYCLE SPACES PROVIDED REAR OUTDOOR SPACE (INCLUDING AREAS B & C) IMPERVIOUS PAVING AREA 15,000 S.F. 0.34 ac 2,753 S.F. 230 S.F. 320 S.F. 1 8 SPACES (INCLUDING 1 ADA ACCESSSIBLE) 2753 SF / 300 SF = 9 / 50% = 5 SPACES 3 SPACES 4,833 S.F. SHEET INDEX ARCHITECTURAL A1 GENERAL INFO SITE PLAN A2 FLOOR REFERENCE PLAN A3 ROOF REFERENCE PLAN A4 EXTERIOR ELEVATIONS A5 EXTERIOR ELEVATIONS CLIENT CLIENT COMMAND PERFORMANCE CATERING 5273 N. COMMERCE AVENUE, UNIT 6 MOORPARK, CA 93021 (805) 432-6510 CONTACT: DANNY MARGOLIS EMAIL: danny@cpcatering.com VICINITY MAP ARCHITECTURAL DESIGNER HP DESIGNS 3940 CALLE DEL SOL THOUSAND OAKS, CA 91360 (805) 404-4887 CONTACT: HIREN PATEL EMAIL: hiropatel@roadrunner.com PC ATTACHMENT 3 11 Job: Sheet Date: Scale: Drawn: DATEREVISIONS 9/11/19PLANNING9/11/19 9:09 AM1" ACTUAL /Users/hiro/Desktop/hp designs/•ACTIVE JOBS/19.202.01-255 HIGH ST/19.202.01-CADD/19.202.01-255 HIGH ST-v22.plnA02 9/11/19Plotted On: 9/11/19 AS NOTED FLOOR PLANSHigh St. RestaurantSEALIF THE ABOVE DIMENSION DOES NOT MEASURE ONE INCH (1") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. 1" ACTUAL HP 19.202.01 AS NOTED BY 255 E. HIGH ST,MOORPARK, CA 93021hpe s i g n sd3940 Calle Del SolThousand Oaks, CA 91360805. 404. 4887These drawings are the instruments of service and are the property of HP Designs. All designs and other information contained on theseDrawings are for use on the specified project andshall not be used on other projects, or foradditions to this project, or for completion of thisproject by others without first obtaining theexpressed written permission and consent of HPDesigns. These drawings shall not be reproduced,changed, or copied in any form whatsoeverwithout first obtaining the expressed written permission and consent of HP Designs, nor are they to be assigned to any third party without written permission and consent. Copyright: HP DesignsAll Rights Reserved HP 6'-6"x6'-0"6'-6"x6'-0"9'-6"x6'-0"4'-6"x6'-0"3'-0"x7'-0"3'-6"x7'-0"10'-0"x7'-6"6'-6"x6'-0"6'-6"x6'-0"6'-6"x6'-0"6'-6"x6'-0"70'-0"39'-4"5'-10"1'-11"16'-9"1 A04 2 A04 3 A04 4 A04 AWNING FRAME ATTACHMENT TO RESTAURANT WALL AWNING FRAME ATTACHMENT TO RESTAURANT WALL DECORATIVE WOOD SCREEN BAR KITCHEN MAIN ENTRY HOSTESS MEN WOMEN BOOTH SEATING BOOTH SEATING BOOTH SEATING BOOTH SEATING(E) ARCH-TOP(E) ARCH-TOP6'-0"x8'-0"(E) ARCH-TOP(E) ARCH-TOP(E) ARCH-TOP(E) ARCH-TOP (E) ARCH-TOP (E) ARCH-TOP (E) ARCH-TOP (E) ARCH-TOP 4'-0"x8'-0"(N)(E)(E) 3'-0"x7'-0" 10'-0"x7'-6"3'-0"x7'-0"3'-0"x7'-0"4'-8"12'-0"12'-0"5'-10"7'-4"19'-5"14'-3"1'-11"16'-9"40'-0"8'-0"8'-10"5'-5"7'-3"17'-3"3'-0"9'-0"4 A04 5 A05 6 A05 7 A05 8 A05 9 A05 10 A05 11 A05 12 A05 4x4 PAINTED TUBE STEEL POSTS 4x6 PAINTED TUBE STEEL FRAME ABOVE 2x6 STAINED WOOD @ 12" O.C. TRELLIS ABOVE (INFILL WITHIN STEEL FRAME) INTERMEDIATE 2x6 TUBE STEEL ABOVE PAINTED LIGHTWEIGHT METAL FABRIC FRAME FABRIC COVER ABOVE AWNING FRAME ATTACHMENT TO RESTAURANT WALL ROOF OVERHANG AWNING FRAME ATTACHMENT TO RESTAURANT WALL VENTLESS GAS FIREPLACE DECORATIVE WOOD SCREEN OUTDOOR SERVICE BAR CONVERTED SHIPPING CONTAINER ADA RESTROOM ADA RESTROOM (E)(N)(N)(N)16'-0"x7'-6" FOLD-OUT DOOR (N)16'-0"x7'-6" FOLD-OUT DOOR (N) STORAGE RAMPDN NN 0 2'4'8'SCALE: 1/4" = 1'-0"A PROPOSED FLOOR PLAN 0 2'4'8'SCALE: 1/4" = 1'-0"B PROPOSED FLOOR PLAN (RESTROOMS & OUTDOOR AREA)(RESTAURANT) 12 Job: Sheet Date: Scale: Drawn: DATEREVISIONS 9/11/19PLANNING9/11/19 9:09 AM1" ACTUAL /Users/hiro/Desktop/hp designs/•ACTIVE JOBS/19.202.01-255 HIGH ST/19.202.01-CADD/19.202.01-255 HIGH ST-v22.plnA03 9/11/19Plotted On: 9/11/19 AS NOTED ROOF PLANSHigh St. RestaurantSEALIF THE ABOVE DIMENSION DOES NOT MEASURE ONE INCH (1") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. 1" ACTUAL HP 19.202.01 AS NOTED BY 255 E. HIGH ST,MOORPARK, CA 93021hpe s i g n sd3940 Calle Del SolThousand Oaks, CA 91360805. 404. 4887These drawings are the instruments of service and are the property of HP Designs. All designs and other information contained on theseDrawings are for use on the specified project andshall not be used on other projects, or foradditions to this project, or for completion of thisproject by others without first obtaining theexpressed written permission and consent of HPDesigns. These drawings shall not be reproduced,changed, or copied in any form whatsoeverwithout first obtaining the expressed written permission and consent of HP Designs, nor are they to be assigned to any third party without written permission and consent. Copyright: HP DesignsAll Rights Reserved HP 1 A04 2 A04 3 A04 4 A04 EXISTING CLASS 'A' ROOFING SLOPESLOPE 4 A04 5 A05 6 A05 7 A05 8 A05 9 A05 10 A05 11 A05 12 A05 6"6"6" OUTSIDE EDGE OF WALL BELOW GUTTER & DOWNSPOUTS FIREPLACE BELOW DECORATIVE CHIMNEY (NON-FUNCTIONAL) SEE ELEVATIONS NEW CLASS 'A' CONCRETE FLAT TILE ROOFING NEW METAL CONTAINER ROOFING NEW FABRIC AWNING NEW METAL/WOOD TRELLIS OVERHANG, TYP.OVERHANG, TYP. OVERHANG, TYP. SLOPE 3:12 SLOPE SLOPE SLOPE SLOPE NN 0 2'4'8'SCALE: 1/4" = 1'-0"A EXISTING ROOF PLAN 0 2'4'8'SCALE: 1/4" = 1'-0"B PROPOSED ROOF PLAN (RESTROOMS & OUTDOOR AREA)(RESTAURANT) 13 Job: Sheet Date: Scale: Drawn: DATEREVISIONS 9/11/19PLANNING9/11/19 9:09 AM1" ACTUAL /Users/hiro/Desktop/hp designs/•ACTIVE JOBS/19.202.01-255 HIGH ST/19.202.01-CADD/19.202.01-255 HIGH ST-v22.plnA04 9/11/19Plotted On: 9/11/19 AS NOTED EXTERIOR ELEVATIONSHigh St. RestaurantSEALIF THE ABOVE DIMENSION DOES NOT MEASURE ONE INCH (1") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. 1" ACTUAL HP 19.202.01 AS NOTED BY 255 E. HIGH ST,MOORPARK, CA 93021hpe s i g n sd3940 Calle Del SolThousand Oaks, CA 91360805. 404. 4887These drawings are the instruments of service and are the property of HP Designs. All designs and other information contained on theseDrawings are for use on the specified project andshall not be used on other projects, or foradditions to this project, or for completion of thisproject by others without first obtaining theexpressed written permission and consent of HPDesigns. These drawings shall not be reproduced,changed, or copied in any form whatsoeverwithout first obtaining the expressed written permission and consent of HP Designs, nor are they to be assigned to any third party without written permission and consent. Copyright: HP DesignsAll Rights Reserved HP 16'-6"(E) BRICK VENEER (E) SMOOTH STUCCO (E) PAINTED TRIM (N) SIGNAGE (UNDER SEPARATE PERMIT) (E) WALL MOUNTED LIGHT FIXTURES F.F. TOP OF PARAPET RESTAURANT 16'-6"(E) BRICK VENEER (E) SMOOTH STUCCO (E) PAINTED TRIM (N) SIGNAGE (UNDER SEPARATE PERMIT) (N) WALL MOUNTED LIGHT FIXTURE (N) SIGNAGE (UNDER SEPARATE PERMIT) (N) SIGNAGE (UNDER SEPARATE PERMIT) F.F. TOP OF PARAPET RESTAURANT RESTAURANT 16'-6"(E) BRICK VENEER (E) SMOOTH STUCCO (E) PAINTED TRIM (N) SIGNAGE (UNDER SEPARATE PERMIT) (N) WALL MOUNTED LIGHT FIXTURE (N) WALL MOUNTED LIGHT FIXTURE (N) PAINTED METAL CANOPY F.F. TOP OF PARAPET R E S T A U R A N T 16'-6"(E) BRICK VENEER (E) SMOOTH STUCCO (E) PAINTED TRIM (N) SIGNAGE (UNDER SEPARATE PERMIT) (N) WALL MOUNTED LIGHT FIXTURE (N) CANOPY ATTACHMENT (N) CANOPY ATTACHMENT F.F. TOP OF PARAPET 0 2'4'8'SCALE: 1/4" = 1'-0"1 EXTERIOR ELEVATION 0 2'4'8'SCALE: 1/4" = 1'-0"2 EXTERIOR ELEVATION 0 2'4'8'SCALE: 1/4" = 1'-0"3 EXTERIOR ELEVATION 0 2'4'8'SCALE: 1/4" = 1'-0"4 EXTERIOR ELEVATION 14 Job: Sheet Date: Scale: Drawn: DATEREVISIONS XX/XX/XX XX/XX/XXXXXXX XXXXX XX/XX/XX XX/XX/XX XXXXX XXXXX XX/XX/XX XX/XX/XX XXXXX XXXXX 9/11/19PLANNING9/11/19 9:09 AM1" ACTUAL /Users/hiro/Desktop/hp designs/•ACTIVE JOBS/19.202.01-255 HIGH ST/19.202.01-CADD/19.202.01-255 HIGH ST-v22.plnA05 9/11/19Plotted On: 9/11/19 AS NOTED EXTERIOR ELEVATIONSHigh St. RestaurantSEALIF THE ABOVE DIMENSION DOES NOT MEASURE ONE INCH (1") EXACTLY, THIS DRAWING WILL HAVE BEEN ENLARGED OR REDUCED, AFFECTING ALL LABELED SCALES. 1" ACTUAL HP 19.202.01 AS NOTED These drawings are the instruments of service and are the property of Studio3. All designs and other information contained on these Drawingsare for use on the specified project and shall notbe used on other projects, or for additions to thisproject, or for completion of this project by otherswithout first obtaining the expressed writtenpermission and consent of Studio3. Thesedrawings shall not be reproduced, changed, orcopied in any form whatsoever without firstobtaining the expressed written permission andconsent of Studio3, nor are they to be assigned to any third party without written permission and consent. Copyright: Studio3 All Rights Reserved BY XX XX XX XX XX XX 255 E. HIGH ST,MOORPARK, CA 93021HP 14'-0"4'-6"8'-0"12'-6"ATTACH AWNING FRAME TO FASCIA ST-1 PT-1 TR-3 TR-2 F.F. PAINTED WOOD FASCIA OVERALL HEIGHT(FROM PATIO LEVEL)9'-1"ST-1 PT-1 F.F. PT. HT. PAINTED WOOD FASCIA 9'-1"ST-1 PT-1 RF-1 F.F. PT. HT. PAINTED WOOD FASCIA 9'-0"9'-1"ST-1 PT-1 TR-1 TR-1 RESTAURANT BEYOND CA-1 & 2 PT-2 F.F. PT. HT. PAINTED WOOD FASCIA TOP OF STEEL POST PAINTED 4x6 TUBE STEEL w/ 2x6 STAINED WOOD INFILL PAINTED 4x4 TUBE STEEL POST F.F. F.F. @ PATIO FABRIC AWNING PAINTED METAL DOOR8'-8"14'-10"SHIPPING CONTAINER FINISH F.F. TOP OF CONTAINER OVERALL HT.8'-8"14'-10"SHIPPING CONTAINER FINISH F.F. TOP OF CONTAINER OVERALL HT.8'-8"14'-10"SHIPPING CONTAINER FINISH STAINED WOOD-FACED FOLD-OUT DOOR F.F. TOP OF CONTAINER OVERALL HT.8'-8"14'-10"SHIPPING CONTAINER FINISH STAINED WOOD FINISH STAINED WOOD-FACED FOLD-OUT DOOR SIGNAGE (UNDER SEPARATE PERMIT) DECORATIVE LIGHTWEIGHT METAL STRUCTURE PART OF SIGNAGE F.F. TOP OF CONTAINER OVERALL HT. OPENOPEN MATERIAL LIST ROOFING - FLAT CONCRETE TILE EAGLE ROOFING - SIERRA MADRE - 4503 PROFILE - BEL AIR TRELLIS WOOD - IPE PAINTED TUBE STEEL - (IRON ORE - SAME AS PT-1) FABRIC AWNING SUNBRELLA ACRYLIC - HDPE - APEX CADET TR-1 RF-1 PT-2 CA-1 PAINT SHERWIN WILLIAMS - IRON ORE - SW 7069PT-1 FABRIC AWNING SUNBRELLA ACRYLIC - HDPE - APEX CHARCOALCA-2 STUCCO - INTEGRAL COLOR SANTA BARBARA (SMOOTH) FINISH MERLEX - TITANIUM - P-1661 PAINT SHERWIN WILLIAMS - ANEW GRAY - SW 7030 MANUFACTURED STONE VENEER ELDORADO - RUSTIC LEDGE - SEQUOIATR-2 MANUFACTURED STONE VENEER ELDORADO - LIMESTONE - SHILOTR-3 ST-1 0 2'4'8'SCALE: 1/4" = 1'-0"5 EXTERIOR ELEVATION 0 2'4'8'SCALE: 1/4" = 1'-0"6 EXTERIOR ELEVATION 0 2'4'8'SCALE: 1/4" = 1'-0"7 EXTERIOR ELEVATION 0 2'4'8'SCALE: 1/4" = 1'-0"8 EXTERIOR ELEVATION 0 2'4'8'SCALE: 1/4" = 1'-0"12 EXTERIOR ELEVATION 0 2'4'8'SCALE: 1/4" = 1'-0"11 EXTERIOR ELEVATION 0 2'4'8'SCALE: 1/4" = 1'-0"10 EXTERIOR ELEVATION 0 2'4'8'SCALE: 1/4" = 1'-0"9 EXTERIOR ELEVATION 15 RESOLUTION NO. PC-2019- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2019-05, TO ALLOW THE OPERATION OF A RESTAURANT (M ON HIGH) AND OUTDOOR DINING AREA WITH ON-SITE SERVICE OF BEER, WINE, AND LIQUOR AT 255 HIGH STREET (WITHIN THE DOWNTOWN SPECIFIC PLAN AREA), AND MAKING A DETERMINATION OF EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) IN CONNECTION THEREWITH ON THE APPLICATION OF HIREN PATEL (FOR COMMAND PERFORMANCE CATERING) WHEREAS, on September 11, 2019, an application was filed for a Conditional Use Permit (CUP) No. 2019-05, to allow the operation of a 2,753 square-foot restaurant and 4,833 square-feet of outdoor dining area with on-site service of beer, wine, and liquor at 255 High Street (within the Downtown Specific Plan Area); and WHEREAS, at a duly noticed public hearing on October 22, 2019 for CUP No. 2019-05, the Planning Commission considered the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal; closed the public hearing and reached a decision on this matter; and WHEREAS, the Community Development Department has determined that CUP No. 2019-03 is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Sections 15301 (Class 1: Existing Facilities) of the CEQA Guidelines. The restaurant and outdoor dining area with on-site service of beer, wine, and liquor is consistent with the General Plan and Zoning regulations. In addition, there is no substantial evidence that the project will have a significant effect on the environment in that the site has already been developed. No further environmental documentation is needed. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTATION: the Planning Commission, based on its own independent analysis and judgment, concurs with the Community Development Director’s determination that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Class 1: Existing Facilities) of the CEQA Guidelines. The restaurant and outdoor dining area with on-site service of beer, wine, and liquor is consistent with the General Plan and Zoning regulations. In addition, there is no substantial evidence that the project will have a significant effect on the environment in that the site has already been developed. No further environmental documentation is needed. PC ATTACHMENT 4 16 M on High Restaurant 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 applicable regulations in that restaurants are conditionally permitted within the zone, and comply with Goal No. 8 of the General Plan Land Use Element to “provide for new commercial development which is compatible with surrounding land uses”. B. The proposed use, as conditioned, is compatible with both existing and permitted land uses in the surrounding area in that the restaurant does not conflict with existing commercial uses within the Downtown Specific Plan district. C. The proposed use, as conditioned, is compatible with the scale, visual character, and design of surrounding properties in that there will be no changes to the exterior of the building as a result of the application. D. The proposed use, as conditioned, would not be obnoxious or harmful, or impair the utility of neighboring property or uses in that conditions have been added to minimize noise levels. E. The proposed use, as conditioned, would not be detrimental to the public health, safety, convenience, or welfare in that the restaurant is compatible with the surrounding uses. Additional Findings for Establishments Serving Alcoholic Beverages: F. Although Census Tract 76.13 exceeds the ABC target number of establishments selling alcoholic beverages for on-site consumption, the census tract includes a number of commercial shopping centers and Moorpark’s Downtown corridor, where such uses are expected. The proposed use under this Conditional Use Permit will not result in a detrimental overconcentration of establishments serving alcoholic beverages for on-site consumption in the area, as these sales will be ancillary to the service of food from this restaurant and subject to conditions of approval intended to minimize potential policing issues. G. The proposed use will provide a public convenience and necessity, in that the service of alcoholic beverages for on-site consumption is an ancillary use to the proposed restaurant and outdoor dining area. H. The use will not create the need for increased police services, in that conditions are included to ensure proper control of the sales and service of alcoholic beverages for on-site consumption. 17 M on High Restaurant Resolution No. PC-2019- Page 3 I. The requested use at the proposed location will not adversely affect the economic welfare of the community. J. The exterior appearance of the structure will not be inconsistent with the external appearance of commercial structures already constructed or under construction on surrounding properties, or within the immediate neighborhood so as to cause blight, deterioration or substantially diminish property values within the neighborhood. SECTION 3. PLANNING COMMISSION APPROVAL: the Planning Commission herby approves CUP No. 2019-05 subject to the Standard and Special Conditions of Approval found in Exhibit A attached. SECTION 4. FILING OF RESOLUTION: The Community Development Director shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: NOES: ABSENT: ABSTAIN: PASSED, AND ADOPTED this 22nd day of October, 2019. Debra Aquino Chair Karen Vaughn, AICP Community Development Director Exhibit A – Conditions of Approval 18 M on High Restaurant Resolution No. PC-2019- Page 4 EXHIBIT A CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT (CUP) No. 2019-05 STANDARD CONDITIONS OF APPROVAL The applicant shall comply with Standard Conditions of Approval for Conditional Use Permits as adopted by City Council Resolution No. 2009-2799 (Exhibit B), except as modified by the following Special Conditions of Approval. In the event of conflict between a Standard and Special Condition of Approval, the Special Condition shall apply. SPECIAL CONDITIONS 1. This Conditional Use Permit is granted or approved with the City’s designated approving body retaining and reserving the right and jurisdiction to review and to modify the permit—including the conditions of approval—based on changed circumstances. Changed circumstances include, but are not limited to, major modification of the business; a change in scope, emphasis, size, or nature of the business; the expansion, alteration, reconfiguration, or change of use; or the fact that the use is negatively impacting surrounding uses by virtue of impacts not identified at the time of application for the conditional use permit or impacts that are much greater than anticipated or disclosed at the time of application for the conditional use permit. The reservation of right to review any permit granted or approved under this chapter by the City’s designated approving body is in addition to, and not in lieu of, the right of the City, its Planning Commission, City Council and designated approving body to review and revoke or modify any permit granted or approved under this chapter for any violations of the conditions imposed on such permit. 2. The City of Moorpark reserves the right to modify, suspend or revoke for cause this conditional use permit consistent with Chapter 17.44 of the Moorpark Municipal Code or as may be amended in the future. 3. No employee shall sell any alcoholic beverages to any person under twenty-one (21) years of age. 4. Employees involved in the sale or service of alcoholic beverages shall not be allowed to consume alcoholic beverages at any time during their shift. Employees shall not report to work with evidence of having consumed any intoxicants such as alcohol, illegal drugs or controlled substances. 5. Applicant shall provide the Community Development Department with a copy of license from the Department of Alcoholic Beverage Control (ABC) prior to issuance of zoning clearance for occupancy. 19 M on High Restaurant 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.A separate sign permit application is required for all proposed signs, which are subject to the review and approval of the Community Development Director. 9.Other than a business sign in conformance with Chapter 17.40 of the Zoning Ordinance, there must be no advertising of any kind or type promoting or indicating the availability of 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. 10.All exterior areas of the site, including parking areas under use by the facility, must be maintained free of litter and debris at all times. 11.Prior to the issuance of a Zoning Clearance for tenant occupancy, the applicant shall submit a Developer Waste Reduction and Recycling Plan to the satisfaction of the Community Services Administrative Specialist. 12.Trash, recycling and potential food waste services must be provided by the City’s franchised waste hauler, Waste Management. Services may be set up by calling (805) 522-9400. Use of any other third-party waste hauler is prohibited. 13.The proprietor shall reimburse the City of Moorpark for any additional police or other costs incurred by the City as a result of operations of the business, including 15% overhead on any such services. 14.No increase of floor area, other than what is being permitted as part of this permit, is permitted without approval of an additional permit adjustment or modification. 15.No outdoor storage is allowed under this approval. Any request for outdoor storage shall be subject to the application requirements in place at the time of such request. 16.A security alarm system shall be installed. Motion detection burglary or intrusion alarm systems shall utilize “Dual Technology” sensors capable of differentiating between human movement and non-human movement. 20 M on High Restaurant Resolution No. PC-2019- Page 6 17.Prior to issuance of a Zoning Clearance for a building permit, the applicant shall submit a lighting plan and security plan for review and approval by the Community Development Director and Police Chief that demonstrates compliance with the City’s Lighting Ordinance. 18.Prior to issuance of a Zoning Clearance for a building permit, the applicant shall submit a landscaping plan for review and approval by the Parks and Recreation Director and Police Chief that demonstrates compliance with the Landscape Design Standards and Guidelines. 19.Any and all employees directly involved or supervising the sale of alcoholic beverages shall provide evidence and the business shall maintain records that employees have: a.Received training from the State of California Department of Alcoholic Beverage Control “Leadership and Education in Alcohol and Drugs” LEAD program in the form of an ABC issued certificate. b.The Owner/Manager shall confirm with the California Department of Alcoholic Beverage Control within fifteen (15) days of hire any new employee has been scheduled with the local (Ventura ABC office) to attend the LEAD program course. Alternatively, this course attendance requirement may be met through a LEAD certified agency or company approved by the State of California. 20.All necessary permits must be obtained from the Building and Safety Division and all construction shall be in compliance with the Moorpark Building Code and all other applicable regulations. 21.The hours of operation for the restaurant, the sale of alcohol, and entertainment are permitted as follows: Activity Permitted Hours Prohibited Hours Restaurant with Indoor Entertainment (including pre-recorded music) 6:00 a.m. to 2:00 a.m., daily 2:00 a.m. to 6:00 a.m., daily Alcohol Sales for On- Site Consumption 7:00 a.m. to midnight, Sunday through Thursday Midnight to 7:00 a.m., Sunday through Thursday 7:00 a.m. to 1:00 a.m., Friday and Saturday. 1:00 a.m. to 7:00 a.m., Friday and Saturday Outdoor Entertainment* (including pre-recorded music) 7:00 a.m. and 10:00 p.m., daily. 10:00 p.m. to 7:00 a.m., daily. *Expanded hours may be permitted for special events with the issuance of a Temporary Use Permit 21 M on High Restaurant Resolution No. PC-2019- Page 7 22.Food meal service must be available during all business hours that alcoholic beverages are sold. 23.The owner/manager shall be required to obtain Temporary Use Permit (TUP) approval from the City of Moorpark for special events involving outdoor entertainment after 10:00 p.m. Such application shall be made at least thirty (30) calendar days prior to the commencement of the outdoor event. As part of the Conditions of Approval, the Community Development Director may require, based upon the scope and size of the event, security guards, traffic control, valet parking and other measures to assure that the event does not disrupt the surrounding area. The only exception shall be for special events held by Moorpark based non-profit groups. 24.An employee parking plan shall be submitted for review and approval of the Community Development Director. Employee parking will not be allowed on High Street and Charles Street. 25.All activities on the property must comply with the City’s noise regulations. 26.Games or contests requiring or involving the consumption of alcoholic beverages shall not be permitted at any time. 27.During any activity that may require the need for additional security, security personnel must be provided to monitor the parking area(s) designated for use by customers of the facility. The applicant shall work with the Police Department and Community Development Department staff to determine which activities shall require additional security. 28.The applicant shall comply with Chapter 8.32 PROHIBITING SMOKING IN PUBLIC PLACES at all times and shall provide signs consistent with Section 8.32.040 of the Moorpark Municipal Code to the satisfaction of the Community Development Director, prior to initiation of the uses allowed by this permit. Any smoking area, if desired, shall comply with Section 8.32.030 of the Moorpark Municipal Code. 29.As a condition of this permit, the applicant agrees to offer all on-site parking spaces for inclusion in a future shared parking program for the Downtown High Street area, upon the review and approval of the Community Development Director. This includes the recording of related covenants or agreement necessary to ensure the availability of these parking spaces for the parking program. -END- 22