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Home My WebLink AboutAGENDA REPORT 2022 0927 REG PC ITEM 08ECITY OF MOORPARK, CALIFORNIA Planning Commission Meeting of September 27, 2022 ACTION: Approved Staff Recommendation, Including Adoption of Resolution No. PC-2022-677. BY: J. Lugo A.Consider Resolution No. PC-2022-677, 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 California Environmental Quality Act in Connection Therewith, on the Application of Jose Ruiz for Carnitas Mi Rancho M P Inc. Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; and, 2) Adopt Resolution No. PC-2022-677 approving Conditional Use Permit No. 2022-05 and finding the project Exempt from the California Environmental Quality Act (CEQA). (Staff: Philip Neumann) Item: 8.E. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Philip Neumann, Associate Planner I DATE: 09/27/22 Regular Meeting SUBJECT: Consider Resolution No. PC-2022-677, 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 California Environmental Quality Act in Connection Therewith, on the Application of Jose Ruiz for Carnitas Mi Rancho M P Inc. STAFF RECOMMENDATION 1. Open the public hearing, accept public testimony, and close the public hearing; and, 2. Adopt Resolution No. PC-2022-677 approving Conditional Use Permit No. 2022- 05 and finding the project Exempt from the California Environmental Quality Act (CEQA). PROJECT DESCRIPTION AND BACKGROUND On July 25, 2022, Jose Ruiz for Carnitas Mi Rancho M P Inc. submitted an application for a Conditional Use Permit (CUP) to allow the on-site consumption of beer and wine within an existing 1,700 square-foot restaurant with a 330 square-foot patio, located at 6593 Collins Drive, Unit D-4 (Campus Plaza) (Attachment 1). Carnitas Mi Rancho M P, Inc. has been a registered business with the City of Moorpark since 2019. Pursuant to Section 17.20.060.B.3.a of the Moorpark Municipal Code (MMC), a CUP is required to allow a restaurant and similar establishments engaged primarily in the retail sale of prepared food for on-site or off-site consumption, with or without entertainment and with or without on-site consumption of beer and wine and other alcoholic beverages and with or without outdoor seating if within 100 feet of a residentially zoned property. The business is approximately 12 feet from the nearest residentially-zoned property, thus requiring the CUP. An overview of the proposed on-site consumption of beer and wine at the existing restaurant is provided in the Analysis Section of this report. Item: 8.E. 151 Honorable Planning Commission CUP 2022-05 Carnitas Mi Rancho 09/27/2022 Regular Meeting Page 2 EXISTING AND SURROUNDING LAND USES The existing restaurant (Carnitas Mi Rancho) is located within Suite D-4, a 1,700 square- foot indoor space with an a 330 square-foot patio within the Campus Plaza Shopping Center. Access to the center is provided primarily from Campus Park Drive, but the restaurant may also be accessed via Collins Drive through the existing gas station. The following table summarizes the General Plan, zoning, and existing land uses on the subject property and within the vicinity. General Plan / Zoning / Existing Land Use Direction General Plan Zoning / Specific Plan Existing Land Use Site General Commercial (C-2) Commercial Planned Development (CPD) Campus Plaza Shopping Center North Medium Density Residential (4 DU/AC) (M) Residential Planned Development (RPD-5U) Single-Family Dwellings South SR-118 FWY SR-118 FWY California State Route 118 East Park (P) Rural Exclusive (RE-5AC) College View Park West Very High Density Residential (15 DU/AC) (VH) Residential Planned Development (RPD-10U) Multi-Family Dwellings General Plan and Zoning Consistency: The General Plan land use designation for the project site is General Commercial (C-2). Similarly, the zoning designation for the project site is Commercial Planned Development (CPD), which is consistent with the General Plan designation. Both designations support the existing commercial restaurant and the proposed alcohol service. The proposed use is consistent with Goal 7 of the General Plan Land Use Element: provide for a variety of commercial facilities which serve community residents and meet regional needs. ANALYSIS General Discussion: The existing restaurant is located within an existing 1,700 square-foot indoor space with an existing 330 square-foot patio. No changes to the floor plan are proposed. The hours of operation are 9:30 a.m. to 6:00 p.m., Monday, Wednesday, Thursday and Friday, 8:30 a.m. to 5:30 p.m. on Saturdays, 8:00 a.m. to 5:30 p.m. on Sundays, and will be closed on Tuesdays. The restaurant has an estimated eight employees, with approximately six working per shift. 152 Honorable Planning Commission CUP 2022-05 Carnitas Mi Rancho 09/27/2022 Regular Meeting Page 3 Alcohol is proposed to be sold from 9:30 a.m. to 6:00 p.m., during regular business hours, and until 5:30 p.m. on Saturdays and Sundays. The beer dispenser would be located behind the counter by restaurant staff. Wine storage would occur within an existing storage area located at the back of the unit. Alcohol would be served by registered food handlers over the age of 21 both indoors and within the enclosed patio dining area. View from parking lot toward proposed business. Concentration of Alcohol Uses: Campus Plaza shopping center currently has one tenant permitted to serve or sell alcohol beverages. Custom Pie and the Bar Next Door has a Type 41 license (On-Sale Beer & Wine – Eating Place). The City does not have an established local standard for undue concentration and therefore follows the California Department of Alcoholic Beverages Control’s (ABC) guidelines. In its analysis, the ABC measures the number of businesses selling alcoholic beverages by census tract. ABC allows for a total of eight licenses for on-site consumption within the census tract 76.14 before there is a presumption of undue concentration. There is currently one Type 41 (On-Sale Beer & Wine – Eating Place) and 153 Honorable Planning Commission CUP 2022-05 Carnitas Mi Rancho 09/27/2022 Regular Meeting Page 4 one Type 47 (On-Sale General – Eating Place) within Census Tract 76.14. Based on these conditions, the ABC has determined that there is not currently a presumption of undue concentration of alcohol outlets in Census Tract 76.14, 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. Moorpark Police Department: The Moorpark Police Department has reviewed this application and has no concerns regarding the proposed use. Police Department staff will provide recommendations to the applicant regarding safety and security. 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: July 25, 2022 Date Application Determined Complete: August 19, 2022 Planning Commission Action Deadline: October 18, 2022 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 a 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 applicant is proposing beer and wine at an existing restaurant in an existing shopping center. Therefore, Staff has determined that there is no substantial evidence that the project would have a significant effect on the environment. 154 Honorable Planning Commission CUP 2022-05 Carnitas Mi Rancho 09/27/2022 Regular Meeting Page 5 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 September 16, 2022. 2. Mailing. The notice of the public hearing was mailed on September 16, 2022, to owners of real property, as identified on the latest adjusted Ventura County Tax Assessor Roles, within 1,000 feet of the exterior boundaries of the assessor’s parcel(s) subject to the hearing. 3. Sign. Two 32 square-foot signs were placed on the street frontages on September 15, 2022. ATTACHMENTS 1. Location and Aerial Maps 2. Existing Site Plan 3. Security Plan and Floor Plan 4. Draft Resolution with Conditions of Approval 155 Location Map - 6593 Collins Drive, Unit D-4 PC ATTACHMENT 1 156 Aerial Map - 6593 Collins Drive, Unit D-4 PC ATTACHMENT 1 157 COLLINS DRIVE2%NOPARKINGNOPARKING1%2%1%NOPARKINGYUE YANCHINESE FOODBOILEREXPRESSVACANTIVY TECHCHARTER SCHOOLCUSTOM PIEBAR NEXT DOOR9'9'18'HWY 118 ON RAMPCAMPUS PARK DRIVECOLLINS DRIVE118 FWYYUE YANCHINESE FOODBOILEREXPRESSVACANTIVY TECHCHARTER SCHOOLCUSTOM PIEBAR NEXT DOORHWY 118 ON RAMPEXISTING BUILDING, NO CHANGEACCESSIBLE PATH OF TRAVEL FROMPARKING STALL TO BUILDINGENTRANCE. REQUIRES A CONTINUOUSWALKWAY 48" MIN. WIDTH, WITH NOABRUPT CHANGES IN LEVEL, 5% MAXSLOPE IN DIRECTION OF TRAVEL AND2% MAX. CROSS SLOPE. FIELD VERIFY.EXISTING WALKWAY, CURB, NOCHANGEEXISTING LANDSCAPING, NOCHANGEPROJECT ANALYSIS / P.C. # ...VICINITY MAPPROJECT DIRECTORYCARNITASA.1%QNNKPU&TKXG&SYMBOLSABBREVIATIONS1/32"= 1'-0"EXISTING Site Plan1OWNER6593 Collins RoadMoorpark, CA 93021Phone (805)816-6648ATTN: Jose Luis RuizSCOPE OF WORKALL H/C PARKING MEETS OR EXCEEDS CURRENT STANDARDS. EACH H/C/ PARKINGSPACE IS IDENTIFIED BY A REFLECTORIZED SIGN PERMENANTLY POSTEDIMMEDIATELY ADJACENT TO AND VISIBLE FROM EACH SPACE AND MEETS SEC 1129B.5FIG11B-18A,B &C. ALL VAN ACCESSIBLE PARKING SPACES HAVE AN ADDITIONAL SIGNSTATING "VAN ACCESSIBLE" MOUNTED BELOW THIS SYMBOL OF ACCESSABILITY.6593 Collins Drive, D4APPLICABLE CODES514-0-160-075RESTAURANTCPDVNEXISTING USE:EXISTING CONSTRUCTION TYPE:AREA OF WORKPROJECT ADDRESS:ZONING:OCCUPANCY GROUP:SPRINKLER SYSTEM: YESB-21,700 S.F.PATIO330 S.F.APN:2019 CA REFERENCED STANDARDS CODE, PT. 12, TITLE 24 C.C.R.2019 BUILDING STANDARDS ADMINISTRATIVE CODE, PT. 1, TITLE 24 C.C.R.2019 CA MECHANICAL CODE, PT. 4, TITLE 24 C.C.R.2019 CA ELECTRICAL CODE, PT. 3, TITLE 24 C.C.R. 2019 CA FIRE CODE, PT. 9 TITLE 24 C.C.R.2019 CA PLUMBING CODE, PT. 5, TITLE 24 C.C.R.2019 CARESIDENTIAL CODE, PT. 2, TILE 24 C.C.R.2019 CA ENERGY CODE, (CEnC) TITLE 24 C.C.R.MI RANCHODESIGN CONSULTANTSYNIGUEZ & ASSOCIATESATTN: JOE YNIGUEZ505 SOUTH 'A' STREET SUITE 202OXNARD, CA. 93030PHONE / FAX - (805) 483-3710CELL - (805) 407-8110TENANT INTERIOR IMPROVEMENT IN EXISTING RESTAURANT, 1,700 SF SPACE TO INCLUDE:(1) APPLICATION FOR BEER AND WINE CONDITIONAL USE PERMIT.(2) HISPANIC RESTAURANT: SPECIALIZING IN PORK (CARNITAS)BY THE POUND, TACOS, RICE AND BEANS. carnitasmirancho.com(3) BUSINESS HOURS 9:30AM TO 6:00PM WEDNESDAY THRU FRIDAY8:30AM TO 5:30PM SATURDAY 8:00AM TO 5:30PM SUNDAY9:30AM TO 6:00PM MONDAYCLOSED TUESDAY(4) HOURS ALCOHOL SOLD 9:30AM TO 6:00PM, DURING REGULAR BUSINESS HOURS(5) ALCOHOL TO BE SERVED IN OUTDOOR SEATING.(6) ALCOHOL TO BE SERVED BY REGISTERED FOOD HANDLERSOVER THE AGE OF 21.Moorpark, Ca 93021SITEAREA OF TENANTIMPROVEMENTS/QQTRCTM%#AREA OF BUILDING2,030 S.F.AREA OF TENANTIMPROVEMENTSA.1ARCH.COVER SHEET/SITE PLANSA.2FLOOR PLANSKEY NOTESLEGEND(E)ROOF LADDER HATCH.(N)KNOX BOX VAULT(E)GREASE TRAP 750 GALS WITH SAMPLING WELL,SEE PLUMBING PLANS P2.(E)GAS METERS, SEE D4 FOR TENANTS METER.(E)WATER METER(E)ACCESSIBLE PARKING SPACES, SEE 7,8,9/A6.1(E)PARKING LOT(E)DOUBLE DOOR BUILDING ENTRANCE TO REMAIN.(E)CURB RAMP, PROVIDE (N)TRUNCATED DOMES, SEE 6/A6.1.(E)PATH OF TRAVEL WALK-WAY 5% MAX. SLOPE & NOMORE THAN 2% CROSS SLOPE.(E)TRASH ENCLOSUREINDEX(E)PLANTERS, TYP.(E)ELEVATOR2445613781912121110(E)CONCRETE PILLARS, TYP.14(E)WHEEL STOPS, TYP.15(E)IDENTIFICATION SIGN TYP. SEE 8/A6.1 FORSIGNAGE UPGRADES.16COLLINS DRIVEConsultants:Revisions:DATE DESCRIPTION OF REVISIONSApprovals:CHECKED:APPROVED:Sheet Title:Sheet Title:SHEET 1 OF 507/15/202203-05-2021JYJYAS NOTEDGY,JYTENANT IMPROVEMENTTHESE DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS ARE INSTRUMENTS OFPROFESSIONAL SERVICE AND FOR USE SOLELY WITH RESPECT TO THIS PROJECT. THEAUTHOR OF THESE DOCUMENTS IS YNIGUEZ & ASSOC., AND THEY SHALL RETAIN ALLCOMMON LAW, STATUTORY AND OTHER RESERVED RIGHTS, INCLUDING THE COPYRIGHT. ANYREPRODUCTIONS WITHOUT THE WRITTEN CONSENT OF THE YNIGUEZ & ASSOC. OF RECORD ISSTRICTLY FORBIDDEN.CARNITAS MI RANCHOMOORPARK, CA 93021SUBMITTAL TO CITY OF MOORPARKCOMMUNITY DEVELOPMENT6593 COLLINS DRIVE, D4MOORPARK, CA 93021CarnitasMi Rancho3&$77$&+0(17158 (E)MENS(E)WOMENSHOT WELL GRANITESNEEZE GUARD CUTTING BOARD GRANITE COUNTER GRANITE SNEEZE GUARD HOT WELL HOT WELL CUTTING BOARD GRANITE COUNTER GRANITE SNEEZE GUARD HOT WELL HOT WELL POS SCALE SCALE DISPENSING AREAORDERING AREADINING AREADINING AREAPREPING AREAKITCHENENTRANCEEMERGENCYEXITEXIT(E) TENANT SPACE--NOT A PART--ICEMACHINEØ5'MT&H (E)BENCH SEATING(E)COUNTER(E)STORAGE(E)WALK INREFRIGERATOR(E)HOOD(E)ANSIL SYSTEM(E)OUTSIDE PATIO(E)OUTSIDE PATIO(E)ELEVATOR9'-10"5'15'-10"6'9'-8"7'-5"7'-8"7'-10"3'-10"11'-9"6'3'2'6'3'4'-3"2'-1"3'-6"4'10'-5"4'-8"8'-4"26'-4"49'-6"(E) TENANT SPACE--NOT A PART--(E)BENCHSEATING MIXER(E)HANDSINK15'-9"15'-10"BEER DISPENSER 5'34'-10"30'-11"60'-3"POS (N)2x WOOD STUD FRAMED NONRATED PARTITION WALL 43"H.(E)WALL 2X4 STUDS @ 24"O.C. W/GYP. BOARD AT BOTH SIDES(E)2X6 DEMISING WALL WOODSTUDS @16"O.C. STUCCO, BRICK ORROCK ON EXTERIOR SIDE.(E)MENS(E)WOMENSHOTWELL GRANITESNEEZEGUARD CUTTING BOARD GRANITE COUNTER GRANITE SNEEZE GUARD HOTWELL HOTWELL CUTTING BOARD GRANITE COUNTER GRANITE SNEEZE GUARD HOTWELL HOTWELL POS SCALE SCALE DISPENSING AREAORDERING AREADINING AREADINING AREAPREPING AREAKITCHENENTRANCEEMERGENCYEXITEXIT(E) TENANT SPACE--NOT A PART--ICEMACHINEØ5'TRAVEL DISTANCE TO EXIT 60'TRAVEL DISTANCE TO EXIT 40'MT&H (E)BENCH SEATING(E)COUNTER(E)STORAGE(E)WALK INREFRIGERATOR(E)HOOD(E)ANSIL SYSTEM(E)OUTSIDE PATIO(E)OUTSIDE PATIO(E)ELEVATORICEMACHINEBEVERAGEDISPENSERHOT FOODDISPENSERREFRIGERATORREFRIGERATORPROOFINGCABINETPROOFINGCABINET2 DOORREFRIG.LOCKERS6' WORKTABLE(E) TENANT SPACE--NOT A PART--(E) BAY OF GAS METERSPOWER PANELEXIT PATHEMERGENCYLIGHTS/EXITTRAVEL DISTANCETO EXIT 70'TRAVEL DISTANCE TO EXIT 25'(E)BENCHSEATING MIXER(E)HANDSINKBEER DISPENSER LEGENDSTANDARD HD CAMERAEXTERIOR LIGHTHD DOME CAMERAALARM PANELFIRST AID KITFIRE EXTINGUISHERM46DVRDVRDVR STORAGEPOSPOINT OF SALEPOS 1. ALL NINE SECURITY CAMERAS ARE EXISTING AND AREREMOTELY VIEWED.2. (E)SECURITY ALARM SYSTEM IN PLACE.NOTES:9321875A.2FLOORPLANS1/4" = 1'-0"(E)Floor Plan1KEY NOTESGENERAL NOTESA. ALL DIMENSIONS SHOWN ARE TO FACE OF STUD, OREXISTING FINISHED WALL, UNLESS NOTEDOTHERWISE.OWNER TO SELECT PAINT COLORS AND ALL FINISHESSHOWN ON THIS PLAN.B.ALL MAIN EXIT DOORS SHOULD HAVE A READLY VISIBLE,DURABLE SIGN ABOVE THE DOOR STATING "THIS DOORMUST REMAIN UNLOCKED WHEN BUILDING ISOCCUPIED". THE SIGN SHOULD BE IN LETTERS NOTLESS THAN 1 INCH HIGH ON A CONTRASTINGBACKGROUND.C.WALL LEGENDSITE INSPECTION: GC/CONTRACTOR SHALL VISIT THEWORK SITE PRIOR TO SUBMISSION OF HIS BID ANDTHOROUGHLY FAMILIARIZE HIMSELF WITH THEWORKING CONDITION AND THE EXACT NATURE ANDEXTENT OF WORK. SUBMSSION OF A BIDACKNOWLEDGES FULL RESPONSIBILITY FORFURNISHING A COMPLETE AND FUNCTIOAL SYSTEM.NO CHANGES IN CONTRACT WILL BE MADE TOACCOMMODATE OR ALLOW EXTRA FUNDS FOR ANYOMISSION WHICH RESULTS FROM A FAILURE TOTHOROUGHLY MAKE THE EXAMINATION.GC SHALL BE RESPONSIBLE FOR OBTAINING AND PAYFEE FOR ALL NECESSARY PERMITS.COORDINATE ALL WORK WITH OTHER TRADES.D.E.F.(E)ELECTRICAL PANEL, 225 AMP, 3 PHASE. 4 WIRE,120V(E)KNOX BOX VAULT, 3200 SERIES.(E)FIRE EXTINGUISHER (2A:10BC) LOCATION PERDETAIL 4/A.6(E)OUTSIDE PATIO WITH WROUGHT IRON FENCEENCLOSURE AT 42"H.Consultants:Revisions:DATE DESCRIPTION OF REVISIONSApprovals:CHECKED:APPROVED:Sheet Title:Sheet Title:SHEET 1 OF 507/15/202203-05-2021JYJYAS NOTEDGY,JYTENANT IMPROVEMENTTHESE DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS ARE INSTRUMENTS OFPROFESSIONAL SERVICE AND FOR USE SOLELY WITH RESPECT TO THIS PROJECT. THEAUTHOR OF THESE DOCUMENTS IS YNIGUEZ & ASSOC., AND THEY SHALL RETAIN ALLCOMMON LAW, STATUTORY AND OTHER RESERVED RIGHTS, INCLUDING THE COPYRIGHT. ANYREPRODUCTIONS WITHOUT THE WRITTEN CONSENT OF THE YNIGUEZ & ASSOC. OF RECORD ISSTRICTLY FORBIDDEN.CARNITAS MI RANCHOMOORPARK, CA 93021SUBMITTAL TO CITY OF MOORPARKCOMMUNITY DEVELOPMENT6593 COLLINS DRIVE, D4MOORPARK, CA 93021CarnitasMi Rancho122163(N)BAR EQUIPMENT-DIRECT DRAW BEER DISPENSERMODEL # DD5OHC-1-B.5BEER KEGSTORAGEAREA OFNEW BAREQUIPMENT2WROUGHT IRON FENCEENCLOSURE, 42"HWINE STORAGE RACK(E)TEMPERED GLASS WINDOWS.(E)42" WROUGHT IRON FENCING WITH TWO EXITGATES.7766666PC ATTACHMENT 3159 RESOLUTION 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 MI 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: PC ATTACHMENT 4 160 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; 161 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: NOES: ABSENT: ABSTAIN: PASSED, AND ADOPTED this 27th day of September 2022. Kipp Landis Chair Carlene Saxton Community Development Director Exhibit A – Conditions of Approval 162 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] 163 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 164 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] 165 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] 166 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] 167 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. 168