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HomeMy WebLinkAboutRES PC 2022 677 2022 0927RESOLUTION NO. PC-2022-677 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2022-05, TO ALLOW THE ON-SITE CONSUMPTION OF BEER AND WINE WITHIN AN EXISTING 1,700 SQUARE-FOOT RESTAURANT WITH A 330 SQUARE-FOOT OUTDOOR PATIO, LOCATED AT 6593 COLLINS DRIVE, UNIT D-4 (CAMPUS PLAZA) AND MAKING A DETERMINATION OF EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN CONNECTION THEREWITH, ON THE APPLICATION OF JOSE RUIZ FOR CARNITAS Ml RANCHO M P INC. WHEREAS, on July 25, 2022, an application was filed for a Conditional Use Permit (CUP) No. 2022-05, to allow the consumption of beer and wine within an existing 1,700 square-foot restaurant (Carnitas Mi Rancho) with a 330 square-foot patio, located at 6593 Collins Drive, Unit D-4 (Campus Plaza); and WHEREAS, at a duly noticed public hearing on September 27, 2022, for CUP No. 2022-05, the Planning Commission considered CUP No. 2022-05, 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. 2022-05 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 on-site consumption of beer and wine at an existing restaurant within an existing shopping center. 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: Jose Ruiz for Carnitas Mi Rancho Resolution No. PC-2022-677 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 be permitted within the commercial planned development zone through the approval of a conditional use permit. 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. B. The proposed use is compatible with both existing and permitted land uses in the surrounding area in that the addition of beer and wine at the existing restaurant would provide an additional commercial/retail options for consumers within an existing shopping center. 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 with preventing alcohol beverages being consumed off the premises of the restaurant and that they must correct any safety or security problem with the police department within three days. 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 alcohol from the exterior or the building. Additionally, the proposed use would maintain a working security system. Additional Findings for Establishments Selling Alcoholic Beverages: F. The proposed use will not result in an overconcentration in the area of establishments selling alcoholic beverages in that ABC allows for a total of eight licenses for on-site consumption within the same census tract before there is a presumption of undue concentration. There are currently two Type 41 (On-Sale Beer & Wine -Eating Place) and one Type 47 (On-Sale General -Eating Place) within Census Tract 76.14. Based on this context, the ABC has determined that there is not currently a presumption of undue concentration of alcohol outlets in Census Tract 76.14, and nor would the addition of this proposed alcohol use at the project site cause an undue concentration of alcohol outlets in Census Tract 76.14; G. The proposed use will provide a public convenience and necessity in that the service of alcoholic beverages for on-premises consumption is an ancillary use to the primary use of the building as a restaurant; Jose Ruiz for Carnitas Mi Rancho Resolution No . PC-2022-677 Page 3 H . The use will not create the need for increased police services in that the applicant will maintain a working security system and conditions are required to ensure proper control of the service of alcoholic beverages for on -premises consumption ; I . The requested use at the proposed location will not adversely affect the economic welfare of the community , in that the sale of alcoholic beverages in conjunction with food at the establishment could increase sales revenue and might draw customers that will shop at the nearby retail stores; and 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 or impair property values within the neighborhood in that there will be no changes to the exterior of the building as a result of the application . SECTION 3 . PLANNING COMMISSION APPROVAL: The Planning Commission herby approves CUP No. 2022 -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 : Commissioners Alva , Barrett, Brodsly , Rokos, and Chair Landis NOES: ABSENT: ABSTAIN : PASSED , AND ADOPTED this 27th day of September 2022. Community Development Director E xhibit A -Conditions of Approval Jose Ruiz for Carnitas Mi Rancho Resolution No. PC-2022-677 Page 4 EXHIBIT A CITY OF MOORPARK CONDITIONS OF APPROVAL Project Approval Date: September 27, 2022 Expiration Date: September 27, 2023 Location: 6593 Collins Drive, Unit D-4 Entitlements: Conditional Use Permit No. 2022-05 Project Description: Consumption of Beer and Wine within an Existing Restaurant The applicant/permittee is responsible for the fulfillment of all conditions and standard development requirements, unless specifically stated otherwise. General Conditions In addition to complying with all applicable City, County, State and Federal Statutes, Codes, Ordinances, Resolutions and Regulations, Development Agreements, Permittee expressly accepts and agrees to comply with the following Conditions of Approval and Standard Development Requirements of this Permit: 1) Within thirty (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. [CDD] 2) This Conditional Use Permit expires one (1) year from the date of its approval unless the applicant has provided proof of receipt from the California Department of Alcohol Beverage Control regarding the addition of the applicant’s alcohol use. The Community Development Director may, at his/her discretion, grant up to two (2) additional one-year extensions for use inauguration of the conditional use 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 conditional use permit must be made in writing, at least thirty (30) days prior to the expiration date of the permit and must be accompanied by applicable entitlement processing deposits. [CDD] 3) The Conditions of Approval of this entitlement, 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 on the entitlement application. [CDD] Jose Ruiz for Carnitas Mi Rancho Resolution No. PC-2022-677 Page 5 4) Should continued compliance with these Conditions of Approval not be met, the Community Development Director may modify the conditions in accordance with Municipal Code Section 17.44.100 and sections amendatory or supplementary thereto, declare the project to be out of compliance, or the Director may declare, for some other just cause, the project to be a public nuisance. The applicant shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with the Conditions of Approval or applicable codes. If the applicant fails to pay all City costs related to this action, the City may enact special assessment proceedings against the parcel of land upon which the nuisance existed (Municipal Code Section 1.12.170). [CDD] 5) 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 and any provision amendatory or supplementary thereto. 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 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 Final Map is ultimately recorded with respect to the subdivision or a building permit is issued pursuant to the planned development permit. [CDD] 6) 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. [CDD] 7) All facilities and uses, other than those specifically requested in the application and approval and those accessory uses allowed by the 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. [CDD] 8) 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 Jose Ruiz for Carnitas Mi Rancho Resolution No. PC-2022-677 Page 6 service fees. This payment must be made within sixty (60) calendar days after the approval of this entitlement. [CDD] 9) Any expansion, alteration or change in architectural elements requires prior approval of the Community Development Director. Those changes in architectural elements that the Director determines would be visible from abutting street(s) may only be allowed, if, in the judgment of the Community Development Director such change is compatible with the surrounding area. Any approval granted by the Director must be consistent with the approved Design Guidelines (if any) for the planned development and applicable Zoning Code requirements. A Permit Modification application may be required as determined by the Community Development Director. [CDD] 10) The continued maintenance of the subject site and facilities is subject to periodic inspection by the City. The applicant and his/her successors, heirs, and assigns are required to remedy any defects in ground or building maintenance, as indicated by the City within five (5) working days from written notification. [CDD] 11) No noxious odors may be generated from any use on the subject site. [CDD] 12) The applicant and his/her successors, heirs, and assigns must remove any graffiti within five (five) days from written notification by the City of Moorpark. All such graffiti removal must be accomplished to the satisfaction of the Community Development Director. [CDD] Permit Specific Conditions – Conditional Use Permit 13) 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. [CDD] 14) 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. [CDD] Jose Ruiz for Carnitas Mi Rancho Resolution No. PC-2022-677 Page 7 15) The development must be in substantial conformance with the plans presented in conjunction with the application for Conditional Use Permit No. 2022-05, 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. 2000-04 shall continue to apply unless specifically modified by this Conditional Use Permit. [CDD] 16) 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. Any changes to the fire and life safety features of the existing space will require plans prepared by a California licensed design professional. Any changes to any structural components of the existing space will require plans prepared by a California licensed design professional. Show all alterations to the electrical, mechanical and plumbing elements. Alterations to the space’s fire suppression system requires approval by the Ventura County Fire Prevention Office. [CDD] 17) Approval of a Zoning Clearance is required prior to the issuance of building permits. [CDD] 18) 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. [CDD] 19) No employee shall sell any alcoholic beverages to any person under twenty-one (21) years of age. [CDD] 20) Storage of all alcoholic beverages shall be located within the locked liquor storage or behind the bar out of reach from customers. [CDD] 21) Applicant shall provide the Community Development Department with a copy of the California Department of Alcoholic Beverage Control (ABC) approval prior to sale of alcoholic beverages. [CDD] 22) There must be no advertising of any kind or type promoting or indicated the availability of beer, wine and distilled spirits visible from the exterior of the building. Interior signs or displays of beer, wine and distilled spirits that are clearly visible to the exterior shall constitute a violation of this condition. [CDD] 23) At all times when the premises are open for business, the sale/service of beer, wine and distilled spirits may be made only in conjunction with the sale/service of food. [CDD] 24) No person under the age of eighteen (18) may serve beer, wine or distilled spirits to customers. [CDD] Jose Ruiz for Carnitas Mi Rancho Resolution No. PC-2022-677 Page 8 25) This premises is not licensed by ABC to operate as a bar or a nightclub and must maintain this premises as a restaurant. The quarterly gross sales of alcoholic beverages may not exceed 50% of the gross sales of food during the same period. The facility must at all times maintain records which reflect separately the gross sale of food and the gross sales of alcoholic beverages of the business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the Moorpark Police Department or Community Development Director upon demand. [CDD] 26) Sales of alcoholic beverages are permitted only between the hours of 6:00 a.m. to 2:00 a.m., daily. Maximum hours for off-sale of alcoholic beverages shall always comply with California State Law. [CDD] 27) Areas inside the establishment open to customers, including the enclosed outdoor dining area, must be illuminated sufficiently to allow the identification of persons. [CDD] 28) Outdoor service of alcoholic beverages is only permitted within the enclosed outdoor dining plans as provided with the conditional use permit application. The manager or his/her designee shall be responsible to police the exterior of the business to assure that no alcoholic beverages are consumed on the property adjacent to the restaurant. The owner/manager shall not permit any loitering on the property adjacent to the restaurant. [CDD] 29) 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 [CDD]: a. Received training from the State of California Department of ABC “Leadership and Education in Alcohol and Drugs” LEAD program in the form of an ABC issued certificate; and, b. The Owner/Manager shall confirm with the California Department of Alcoholic Beverage Control within 15 days of hire any new employee has been scheduled with the local ABC office to attend the LEAD program course. 30) The restaurant must correct any safety or security problem within three days upon written notice of such a problem from the Moorpark Police Department. [CDD] 31) Games or contests requiring or involving the consumption of alcoholic beverages shall not be permitted at any time. [CDD] 32) Prominent signs shall be posted on the inside of the business near or on each door used by the public stating: “No alcoholic beverages beyond this point”. [CDD] Jose Ruiz for Carnitas Mi Rancho Resolution No. PC-2022-677 Page 9 33) 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. [CDD] 34) 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. [CDD] 35) Applicant shall maintain a working security system.