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HomeMy WebLinkAboutRES PC 2021 663 2021 1026RESOLUTION NO. PC -2021-663 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2021-07, TO ALLOW THE OPERATION OF A 1,045 SQUARE -FOOT RETAIL TOBACCO AND PRODUCTS STORE, LOCATED AT 888 LOS ANGELES AVENUE, SUITE H (WITHIN THE MOORPARK MARKETPLACE SHOPPING CENTER) AND MAKING A DETERMINATION OF EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN CONNECTION THEREWITH, ON THE APPLICATION OF JOHN CARPENTIERI FOR WILD SIDE SMOKE SHOP WHEREAS, on August 25, 2021, an application was filed for a Conditional Use Permit (CUP) No. 2021-07, to allow the operation of a 1,045 square -foot retail tobacco and products store, located at 888 Los Angeles Avenue, Suite H (within the Moorpark Marketplace Shopping Center); and WHEREAS, at a duly noticed public hearing on October 26, 2021, for CUP No. 2021-07, the Planning Commission considered CUP No. 2021-07, including 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 Director has determined that CUP No. 2021-07 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 because the applicant is proposing a retail tobacco and products store within an existing commercial building. 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 CEQA pursuant to Section 15301 (Class 1: Existing Facilities) of the CEQA Guidelines. 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: Resolution No. PC -2021-663 Page 2 A. The proposed use is consistent with the provisions of the General Plan, zoning ordinance, and all applicable regulations in that the proposed use would fall under the Moorpark Municipal Code definition of a "retail smoking products store." The Carlsberg Specific Plan, by way of the Moorpark Municipal Code, requires a "retail smoking products store" to obtain a CUP. The proposed use is also consistent, with General Plan Land Use Element Goal No. 7: Provide for a variety of commercial facilities which serve community residents and meet regional needs and General Plan Land Use Element Goal No. 13: Achieve a well-balanced and diversified economy within the City which provides a variety of economic and employment opportunities. B. The proposed use is compatible with both existing and permitted land uses in the surrounding area in that the tobacco retail store commercial use would provide an additional retail option for consumers in an existing shopping center that has retail stores such as Target, Kohl's, Smart & Final Extra, and T.J.Maxx, among others. C. The proposed use 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 included to ensure the applicant or his/her designee shall be responsible to police the exterior of the business to assure that there is no loitering of store customers in the parking lot or in areas adjacent to the facility. In addition, the nearest residential use is located approximately 1,400 feet away, separated by the western section of the shopping center, a business park, and Miller Parkway. E. The proposed use would not be detrimental to the public health, safety, convenience, or welfare in that conditions of approval prohibit advertising of any kind or type promoting or indicating the availability of tobacco or smoking products from the exterior of the building. Additionally, the proposed use would maintain a security system using cameras and alarm systems, employees would undergo procedures to identify a customer's age, and all tobaccos products would be out of reach from customers, behind locked showcases in an employee -only area. SECTION 3. PLANNING COMMISSION APPROVAL: The Planning Commission herby approves CUP No. 2021-07 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. Resolution No. PC -2021-663 Page 3 The action of the foregoing direction was approved by the following vote: AYES: Commissioners Alva, Barrett, Brodsly, Rokos, and Chair Landis. NOES: /_1:1.9a1011a ABSTAIN: PASSED, AND ADOPTED this 26th day of October 2021. Carlene Saxton Community Development Director Exhibit A — Conditions of Approval Resolution No. PC -2021-663 Page 4 EXHIBIT A STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT (CUP) No. 2021-07 STANDARD CONDITIONS OF APPROVAL The applicant shall comply with Standard Conditions of Approval for Conditional Use Permits identified below from Resolution No. 2009-2799: 218. Within 30 calendar days of approval of this entitlement, the applicant shall sign and return to the Planning Division an Affidavit of Agreement and Notice of Entitlement Permit Conditions of Approval, indicating that the applicant has read and agrees to meet all Conditions of Approval of this entitlement. The Affidavit of Agreement/Notice shall include a legal description of the subject property and have the appropriate notary acknowledgement suitable for recordation. 219. This Conditional Use Permit expires one year from the date of its approval unless the use has been inaugurated by issuance of a building permit for construction. The Community Development Director may, at his/her discretion, grant up to two additional one-year extensions for use inauguration of the permit if there have been no changes in the adjacent areas and if the applicant can document that he/she has diligently worked towards use inauguration during the initial period of time. The request for extension of this permit shall be made in writing, at least 30 days prior to the expiration date of the permit and shall be accompanied by applicable entitlement processing deposits. 220. The Conditions of Approval of this entitlement and all provisions of the City of Moorpark Municipal Code and adopted City policies at the time of the entitlement approval, supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said plans or application. 221. Conditions of this entitlement may not be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. 223. The applicant shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning this entitlement approval, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37 or other sections of state law as applicable. The City will promptly notify the applicant of any such claim, action or proceeding, and, if the City should fail to do so or should fail to cooperate fully in the defense, the applicant shall not Resolution No. PC -2021-663 Page 5 thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers, and employees pursuant to this condition. a. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur: i. The City bears its own attorney fees and costs. ii. The City defends the claim, action or proceeding in good faith. b. The applicant shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the applicant. The applicant's obligations under this condition shall apply regardless of whether a building permit is issued pursuant to the permit, or the use is inaugurated. 224. If any of the conditions or limitations of this approval are held to be invalid, that holding does not invalidate any of the remaining conditions or limitations set forth. 225. All facilities and uses, other than those specifically requested in the application and those accessory uses allowed by the Moorpark Municipal Code, are prohibited unless otherwise permitted through application for Modification consistent with the requirements of the zone and any other adopted ordinances, specific plans, landscape guidelines, or design guidelines. FEES 226. Entitlement Processing: Prior to the approval of any Zoning Clearance for this entitlement, the applicant shall submit to the Community Development Department all outstanding entitlement case processing fees, including all applicable City legal service fees. This payment shall be made within 60 calendar days after the approval of this entitlement. OPERATIONAL REQUIREMENTS 235. All uses and activities must be conducted inside the building(s) unless otherwise authorized in writing by the Community Development Director and consistent with applicable Zoning Code provisions. 239. No noxious odors may be generated from any use on the subject site. SPECIAL CONDITIONS OF APPROVAL 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 Resolution No. PC -2021-663 Page 6 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. The development must be in substantial conformance with the plans presented in conjunction with the application for Conditional Use Permit No. 2021-07, except any modifications as may be required to meet specific Code standards or other conditions stipulated herein. All Conditions of Approval and requirements of Commercial Planned Development Permit No. 2001-01 shall continue to apply unless specifically modified by this Conditional Use Permit. 4. All necessary permits must be obtained from the Building and Safety Department and all construction shall be in compliance with the Moorpark Building Code and all other applicable regulations. 5. Approval of a Zoning Clearance is required prior to the issuance of building permits. 6. No person under the age of 21 is allowed to purchase tobacco products. This includes cigarettes, cigars, and e -cigarettes. Signage must be posted on the door indicating this prohibition to the satisfaction of the Community Development Director. 7. No person under the age of 21 may sell or package tobacco products or smoking paraphernalia. 8. All exterior areas of the site, including parking areas under use by the store, must be maintained free of litter and debris at all times. 9. Areas inside the establishment open to customers must be illuminated sufficiently to allow the identification of persons. 10. The applicant or his/her designee shall be responsible to police the exterior of the business to assure that there is no loitering of store customers in the parking lot or in areas adjacent to the facility. Resolution No. PC -2021-663 Page 7 11. The applicant shall comply with Chapter 8.32 PROHIBITING SMOKING IN PUBLIC PLACES at all times and shall provide signs consistent with Chapter 8.32.040 to the satisfaction of the Community Development Director, prior to initiation of the uses allowed by this permit. 12. The applicant must obtain a retail tobacco license from the Board of Equalization prior to opening. 13. 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. 14. A separate sign permit application is required for all proposed signs, which are subject to the review and approval of the Community Development Director. 15. 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 tobacco or smoking products from the exterior of the building. Interior signs or displays of tobacco or smoking products that are clearly visible to the exterior shall constitute a violation of this condition. 16. 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. 17. 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. 18. 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. 19. The applicant shall work with the property owner to place "No Smoking and No Vaping" signs along the building wall or columns, directly in front of the store, approximately 50 feet to the west, and approximately every 50 feet toward the east and northeast until the end of the food court area or to the satisfaction of the Community Development Director this shall comply with Moorpark Municipal Code Chapter 8.32.060 Posting of Signs. MOORPARK POLICE DEPARTMENT: 20. Prior to issuance of building permit, the applicant shall revise the floor plan for the review and approval of the Moorpark Police Department, depicting the following: Resolution No. PC -2021-663 Page 8 a. Location of check-out counters. Counters shall be located near the entrance of the store and be clearly visible for employees to monitor the store. b. Path of travel for customers. Employee areas should not be easily accessed by customers. C. Location of shelving and display cases. Fixtures shall not exceed five -feet in height and shall be lower in front of windows. 21. Easy access to the roof or fire escape from the ground shall be prevented by trimming trees adjacent to the building. Secure roof access and fire escape ladders with locking covers. 22. Windows shall not be covered with advertising or display material. The applicant shall maintain clear visibility from the store to the street, sidewalk, parking areas, and passing vehicles. 23. All entrances shall be easily seen and monitored by employees. 24. Prior to opening, the applicant shall secure windows and glass doors by adding clear polycarbonate sheets, or installing roll down covers, grates, or bars. 25. Prior to opening, the applicant shall provide the Moorpark Police Department with a security plan for approval. 26. The applicant shall consider the following recommendations: a. Install an alarm system and surveillance cameras and add a panic alarm in case of robbery. Consider registering surveillance cameras through VCSO's Video Surveillance Camera Registration program. b. Replace hollow -core doors with solid -core doors and replace weak door frames or reinforce them with steel or concrete. C. Provide employee lockers if employee break area is not located in a separate, locked room.