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HomeMy WebLinkAboutRES PC 2022 679 2022 0927RESOLUTION NO. PC-2022-679 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING MODIFICATION NO. 1 TO CONDITIONAL USE PERMIT NO. 2019-03 TO EXPAND WINE TASTING TO 193 SQUARE FEET AND WINE PRODUCTION TO 1,739 SQUARE FEET, LOCATED AT 165 POINDEXTER AVENUE, SUITES C & D (DEXMOOR CENTER) AND MAKING A DETERMINATION OF EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN CONNECTION THEREWITH, ON THE APPLICATION OF PATRICK KELLEY FOR CAVALETTI VINEYARDS, LLC WHEREAS, at a duly noticed public hearing on August 27, 2019, for Conditional Use Permit (CUP) No. 2019-03, the Planning Commission considered CUP No. 2019-03, 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; closed the public hearing and reached the decision to approve CUP No. 2019-03, to allow the production, tasting, and sale of wine for off-site consumption within a 966 square-foot tenant space, located at 111-165 Poindexter Avenue, Suite D (Dexmoor Center), and made a determination of exemption pursuant to the California Environmental Quality Act (CEQA) in connection therewith on the application of Patrick Kelley (Cavaletti Vineyards, LLC); and WHEREAS, on June 6, 2022, an application was filed for Modification No. 1 to Conditional Use Permit No. 2019-03, to expand wine tasting to 192 square feet and wine production to 1,739 square feet, located at 165 Poindexter Avenue, Suites C & D (within Dexmoor Center); and WHEREAS, at a duly noticed public hearing on September 27, 2022, for Conditional Use Permit No. 2022-07 and Modification No. 1 to CUP 2019-03, the Planning Commission considered Modification No. 1 to CUP 2019-03, 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 Modification No. 1 to CUP 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 because the applicant is solely expanding an existing wine production and tasting business 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: Patrick Kelley for Cavaletti Vineyards Resolution No. PC-2022-679 Page 2 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: A. The proposed use is consistent with the provisions of the General Plan, zoning ordinance, and all other applicable regulations in that the proposed use in that wineries and tasting areas are conditionally permitted within the zone. 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 proposed use is currently existing within the center and this permit would expand it to the unit next door, thus continuing and expanding its presence at that location. 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 the production and tasting of wine would occur indoors without any impacts beyond the confines of the tenant space. 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 wine visible from the exterior of the building. Additional Findings for Establishments Selling Alcoholic Beverages: F. The proposed use will not result in an over concentration in the area of establishments selling alcoholic beverages in that the Type 02 (winegrower) license is exempt from overconcentration requirements by the ABC. G. The proposed use will provide a public convenience and necessity in that the wine tasting is ancillary to the wine production use and additionally provides the ability for customers to purchase wine directly from the production facility. Patrick Kelley for Cavaletti Vineyards Resolution No. PC-2022-679 Page 3 H. The use will not create the need for increase the need for police services in that the existing use has not resulted in any request for police services and the wine tasting expansion will remain within the existing unit. I. The requested use at the proposed location will not adversely affect the economic welfare of the community in that there are no known adverse effects of its current existence at that location. Additionally, the expansion would use an existing tenant space that has been vacant for over a couple years. 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 Modification No . 1 to CUP 2019-03 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 Exhibit A -Conditions of Approval Patrick Kelley for Cavaletti Vineyards Resolution No. PC-2022-679 Page4 EXHIBIT A CITY OF MOORPARK CONDITIONS OF APPROVAL Project Approval Date: September 27, 2022 Expiration Date: September 27, 2023 Location: 165 Poindexter, Suites C & D Entitlements: Modification No. 1 to Conditional Use Permit No. 2019-03 Project Description: Expand Wine Tasting and Wine Production 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. [COD] 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 expansion 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 modification to 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 modification to the 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. [COD] Patrick Kelley for Cavaletti Vineyards Resolution No. PC-2022-679 Page 5 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. [COD] 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). [COD] 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. [COD] 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. [COD] 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. [COD] Patrick Kelley for Cavaletti Vineyards Resolution No. PC-2022-679 Page 6 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 service fees. This payment must be made within sixty (60) calendar days after the approval of this entitlement. [COD] 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. [COD] 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. [COD] 11) No noxious odors may be generated from any use on the subject site. [COD] 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. [COD] Permit Specific Conditions -Conditional Use Permit 13) This Modification to Conditional Use Permit No. 2019-03 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 modification to the conditional use permit or impacts that are much greater than anticipated or disclosed at the time of application for the modification of 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. [COD] Patrick Kelley for Cavaletti Vineyards Resolution No. PC-2022-679 Page 7 14) The City of Moorpark reserves the right to modify, suspend or revoke for cause this modification to the conditional use permit consistent with Chapter 17.44 of the Moorpark Municipal Code or as may be amended in the future. [COD] 15) The development must be in substantial conformance with the plans presented in conjunction with the application for Modification No. 1 to Conditional Use Permit No. 2019-03, except any modifications as may be required to meet specific Code standards or other conditions stipulated herein. All Conditions of Approval and requirements of Development Plan Permit No. 205 and Conditional Use Permit No. 2019-03 shall continue to apply unless specifically modified by this Conditional Use Permit. [COD] 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. Show all tables and chairs to demonstrate clear separation of customer and storage areas. Demonstrate equal facilitation by providing equivalent seating and tables for person with disabilities. [COD] 17) Prior to expansion, applicant shall update the business registration to reflect the new address. [COD] 18) Approval of a Zoning Clearance for occupancy of Suite C is required prior to occupancy of tenant space. [COD] 19) 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. Similarly, the proposed tasting area shall not exceed 193 square feet or 10% of the tenant space, unless the required off-street parking is provided. This condition replaces Special Condition of Approval No. 15 of Resolution No. PC-2019- 642. [COD] Moorpark Police Department 20) Prior to expansion, applicant shall submit an updated security plan for review and approval by the Moorpark Police Department. [MPD] 21) Prior to expansion, 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. Security alarm system shall also include a glass break sensor. This shall be included within the updated security plan. [MPD]