HomeMy WebLinkAboutAGENDA REPORT 2022 0927 REG PC ITEM 08CCITY OF MOORPARK, CALIFORNIA
Planning Commission Meeting
of September 27, 2022
ACTION: Approved Staff Recommendation,
with Modified Conditions of
Approval, Including Adoption of
Resolution No. PC-2022-679.
BY: J. Lugo
A.Consider Resolution No. PC-2022-679, 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 California
Environmental Quality Act in Connection Therewith, on the Application of Patrick
Kelley for Cavaletti Vineyards, LLC. Staff Recommendation: 1) Open the public
hearing, accept public testimony, and close the public hearing; and 2) Adopt
Resolution No. PC-2022-679 approving Modification No. 1 to Conditional Use Permit
No. 2019-03 and finding the project Exempt from the California Environmental
Quality Act (CEQA). (Staff: Philip Neumann)
Item: 8.C.
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-2022-679, 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 California Environmental
Quality Act in Connection Therewith, on the Application of Patrick
Kelley for Cavaletti Vineyards, LLC.
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony, and close the public hearing;
and,
2. Adopt Resolution No. PC-2022-679 approving Modification No. 1 to Conditional
Use Permit No. 2019-03 and finding the project Exempt from the California
Environmental Quality Act (CEQA).
PROJECT DESCRIPTION AND BACKGROUND
On August 27, 2019, the Planning Commission adopted Resolution No. PC-2019-642,
approving Conditional Use Permit 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 making a determination of
exemption pursuant to California Environmental Quality Act (CEQA) in connection
therewith on the application of Patrick Kelley (Cavaletti Vineyards, LLC). Special
Condition of Approval No. 15 states that no increase of floor area, other than what is being
permitted as part of this permit, is permitted within approval of an additional permit
adjustment or modification. Similarly, the proposed tasting area shall not exceed 96
square feet or 10% of the tenant space.
On June 6, 2022, Patrick Kelley for Cavaletti Vineyards, LLC submitted an application for
Modification to an existing Conditional Use Permit (CUP) to expand wine tasting to
193 square feet and wine production to 1,739 square feet within an existing commercial
Item: 8.C.
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Honorable Planning Commission
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building, located at 165 Poindexter Avenue, Suites C & D (Attachment 1). Suite D has
been occupied by Cavaletti Vineyards, while Suite C has been vacant prior to Cavaletti
Vineyards moving into its current space. This modification proposes to expand the
approved tasting area within Suite D and relocate the wine production space into Suite C.
Pursuant to Section 17.20.060.B.2 of the Moorpark municipal Code (MMC), a CUP is
required to allow for wineries and tasting rooms with or without a restaurant in the General
Commercial (C-2) zone. As previously mentioned, this conditional use was previously
approved via Resolution No. PC-2019-642 and this application proposes to modify the
approved CUP.
EXISTING AND SURROUNDING LAND USES
The existing winery and tasting room is located within Suite D, in an existing 966 square-
foot space within an existing 11,492 square-foot, single-story, multi-tenant commercial
office building, known as Dexmoor Center. The center hosts a mix of uses, including
appliance repair, landscape construction, and a barbershop, among others. Suite C has
been vacant since the tenant opened in 2019. Entry and parking access are provided
from Poindexter Avenue. 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)
General Commercial
(C-2)
Commercial
Office Building
North Light Industrial
(I-1)
Industrial Park
(M-1)
Ventura County
Transportation
Commission
Yard
South
Medium Density
Residential
(4 DU/AC)
(M)
Single-Family Residential
(R-1)
Single-Family
Dwellings
East
Old Town
Commercial
(C-OT)
Old Town Commercial –
Downtown Specific Plan City Building
West Light Industrial (I-1) Industrial Park (M-1) Light Industrial
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General Plan, Zoning, and Specific Plan 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 General Commercial (C-2). Both
designations support the existing wine production and wine tasting uses.
The existing and expanded wine production and wine tasting uses would continue to
occupy the commercial space in addition to the unit directly next door, which is directly
consistent with Goal 7 of the Land Use Element: provide for a variety of commercial
facilities which serve community residents and meet regional needs.
ANALYSIS
General Discussion:
The proposed expansion of the existing wine production and tasting areas would be
located within two adjacent and connecting 966 square-feet tenant spaces. Wine
production will take place indoors during the hours of 8:00 a.m. to 8:00 p.m., daily. The
tasting and retail area will be open to the public Friday through Sunday, from 11:00 a.m.
to 6:00 p.m. After bottling, 95% of the wine produced is sent to a licensed wine storage
facility in Oxnard and is then distributed by the applicant. The remaining 5% will stay on-
site for tasting and retail sales and for shipment to wine club members. In order for
Moorpark to gain sales tax revenues from this use, the previously-approved CUP included
a special condition of approval requiring the applicant to provide a copy of their Seller’s
Permit issued by the California Department of Tax and Fee Administration (CDTFA)
identifying Moorpark as the point-of-sale for retail sales and wine club memberships. In
addition, applicant needed to submit a letter, on business letterhead, certifying that all
retail sales generated will be properly reported to the CDTFA as occurring within the City
of Moorpark. The business currently employees two individuals and would remain at that
number with the expansion. The two employees work each shift. The applicant estimates
40 customers per day.
The applicant is proposing to modify the approved floor plan and one condition of approval
to accommodate the expansion of the business. Condition of Approval #15 of CUP No.
2019-03, which states that no increase of floor area, other than what is being permitted
as part of this permit, is permitted within approval of an additional permit adjustment or
modification. Similarly, the proposed tasting area shall not exceed 96 square feet or 10%
of the tenant space. The applicant is proposing an expanded tasting area of 192 square
feet within Unit D. Expansion beyond the proposed square footage is limited due to
parking constraints. The draft resolution imposes new conditions in response to the
proposed use and incorporates the previously-adopted conditions of approval for CUP
2019-03 (Attachment 4).
Additionally, the applicant is to expand the overall floor area be to include the unit next
door, doubling the size of the business to 1,932 square-feet (Attachment 3). The
proposed changes can be accommodated with a modification to the previously-approved
CUP, pursuant to Section 17.20.060.B.2 of the Moorpark Municipal Code (MMC), which
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Honorable Planning Commission
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allows for wineries and tasting rooms with or without a restaurant in the General
Commercial (C-2) zone through the approval of a conditional use permit.
Off-Street Parking:
Off-Street Parking was previously analyzed under Conditional Use Permit No. 2019-03.
The Municipal Code requires one parking space per 300 square feet of retail floor area
and one parking space per 500 square feet of production. In addition, a tasting area
requires one parking space per 100 square feet, with a minimum of 10 parking spaces.
While the Code requires 10 spaces for tasting and retail sales, these proposed uses would
only encompass a 193 square-foot area within the tenant space and can be considered
ancillary to the primary wine production use production (1,739 square feet). Furthermore,
the size of the tasting area is strictly limited to a maximum of 10% of the space (193
square feet) by Building Code occupancy requirements due it being ancillary to the
primary.
Based upon Conditional Use Permit No. 2019-03, three off-street parking spaces were
required, one for the tasting and retail sales and two for the production. A total of six
spaces would now be required. Additionally, Suite C would typically be expected to
require three parking spaces based on a commercial retail or service use. However, due
to the expansion of the wine production use moving into that unit, only two parking spaces
would be needed for that space. Thus, the one parking space is shifting its need from
Unit C to Unit D. Therefore, the proposed use would be adequately served by the existing
39 parking spaces on-site.
View from Poindexter Avenue toward proposed business.
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Concentration of Alcohol Uses:
Dexmoor Center currently has one tenant, the applicant, permitted to act as a winegrower
through the Type 02 license (winegrower). However, the Alcohol Beverage Control (ABC)
only generates reports for on-sale or off-sale alcohol licenses. The Type 02 license does
not fall under that category and is not subject to review of potential undue concentration
of alcohol outlets.
Moorpark Police Department:
The Moorpark Police Department has reviewed this application and has recommended
conditions of approval requiring an updated security plan and security system
(Attachment 5). With the addition of those conditions, the Police Department has no
concerns regarding the proposed use.
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: June 7, 2022
Date Application Determined Complete: July 6, 2022
Planning Commission Action Deadline1: September 4, 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 an expansion of an existing wine tasting use and wine
1 Due to the date of the application determined complete, the project was unable to be considered at the July
planning commission meeting. Additionally, no August planning commission meeting occurred. Therefore, it is
being considered at the next potential planning commission meeting.
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Honorable Planning Commission
MOD No. 1 to CUP 2019-03 Cavaletti Vineyards
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production use within an existing commercial building. Therefore, Staff has determined
that there is no substantial evidence that the project would have a significant effect on the
environment.
NOTICING
Public Notice for this meeting was given consistent with Chapter 17.44.070 of the Zoning
Ordinance as follows:
1. Publication. The notice of the public hearing was published in the Ventura County
Star on 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. One 32 square-foot signs were placed on the street frontages on
September 16, 2022.
ATTACHMENTS
1. Location and Aerial Maps
2. Existing Site Plan
3. Proposed Floor Plan
4. Resolution No. PC-2019-642 (Conditional Use Permit No. 2019-03)
5. Draft Resolution with Conditions of Approval
107
Location Map - 165 Poindexter Avenue, Suites C & D
PC ATTACHMENT 1
108
Aerial Map - 165 Poindexter Avenue, Suites C & D
PC ATTACHMENT 1
109
Dexmoor Center Site Plan 111 & 165 Poindexter Avenue
Moorpark, California 93021
352'-9"
POINDEXTER AVENUE
Michelle Anaya Architects
anayaarchltects@mac.com
310-283-5925
PC ATTACHMENT 2
110
PC ATTACHMENT 3UNIT C No custon,er access 10' Roll-up door Door 3'2" :-l1l 0. " ,:, 2 V a: ....... tr\ ~ Barrel stack Barrel stock Restroom Restroom Door1 --7'--~ 7' 2'6" Door 3'2" Door 3'2" I Seating I ~ ! ., l .!J j ) bO C: I ~ I " ; ., I-.!!:! .... ..0 C. l1l I-" C'\ 1:,, ~ (I') ~ /21'/ 40' -----Barrel UNIT D stack Tastings 10' 2'6" Roll-up door 111
PC ATTACHMENT 4
RESOLUTION NO. PC-2019-642
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT NO. 2019-03, TO ALLOW THE PRODUCTION, TASTING,
AND SALE OF WINE FOR OFF-SITE CONSUMPTION WITHIN A
960 SQUARE-FOOT TENANT SPACE, LOCATED AT 111-165
POINDEXTER AVENUE, SUITE D (DEXMOOR CENTER), AND
MAKING A DETERMINATION OF EXEMPTION PURSUANT TO
THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) IN
CONNECTION THEREWITH ON THE APPLICATION OF PATRICK
KELLEY (CAVALETTI VINEYARDS, LLC)
WHEREAS, on June 6, 2019, an application was filed for a Conditional Use
Permit (CUP) No. 2019-03, to allow the production, tasting, and sale of wine for off-site
consumption within a 960 square-foot winery inside an existing 11,492 square-foot
commercial office building, located at 111-165 Poindexter Avenue, Suite D (Dexmoor
Center); and
WHEREAS, at a duly noticed public hearing on July 23, 2019 and August 27,
2019, for CUP No. 2019-03, the Planning Commission considered the agenda report
and any supplements thereto and written public comments; opened the public hearing
and took and considered public testimony both for and against the proposal; closed the
public hearing and reached a decision on this matter; and
WHEREAS, the Community Development Department has determined that CUP
No. 2019-03 is categorically exempt from the provisions of the California Environmental
Quality Act (CEQA) pursuant to Sections 15301 (Class 1: Existing Facilities) of the
CEQA Guidelines. The production, tasting area, and sale of wine for off-site
consumption is consistent with the General Plan and Zoning regulations. In addition,
there is no substantial evidence that the project will have a significant effect on the
environment in that the site has already been developed. No further environmental
documentation is needed.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DOCUMENTATION: the Planning Commission,
based on its own independent analysis and judgment, concurs with the Community
Development Director's determination that the project is categorically exempt from the
requirements of the California Environmental Quality Act (CEQA) pursuant to Section
15301 (Class 1: Existing Facilities) of the CEQA Guidelines. The production, tasting,
and sale of wine for off-site consumption is consistent with the General Plan and Zoning
regulations. In addition, there is no substantial evidence that the project will have a
significant effect on the environment in that the site has already been developed. No
further environmental documentation is needed.
112
Resolution No. PC-2019-642
.Page 2
SECTION 2. CONDITIONAL USE PERMIT FINDINGS: Based upon the
information set forth in the staff report(s), accompanying studies, and oral and written
public testimony, the Planning Commission makes the following findings in accordance
with City of Moorpark, Municipal Code Section 17.44.040:
A. The proposed use is consistent with the provisions of the General Plan, zoning
ordinance, and all other applicable regulations in that wineries and tasting areas
are conditionally permitted within the zone, and comply with Goal No. 8 of the
General Plan Land Use Element to "provide for new commercial development
which is compatible with surrounding land uses".
B. The proposed use, as conditioned, is compatible with both existing and permitted
land uses in the surrounding area in that the use does not conflict with office
space, retail stores, martial arts studio, pro wrestling school, and barbershop
located within the center.
C. The proposed use, as conditioned, is compatible with the scale, visual character,
and design of surrounding properties in that there will be no changes to the
exterior of the building as a result of the application.
D. The proposed use would not be obnoxious or harmful, or impair the utility of
neighboring property or uses in that the production and taste of wine will take
place indoors without any impacts beyond confines of the tenant space.
E. The proposed use, as conditioned, would not be detrimental to the public health,
safety, convenience, or welfare in that the production and tasting of wine and
sale of wine for off-site consumption is compatible with the surrounding uses.
SECTION 3. PLANNING COMMISSION APPROVAL: the Planning
Commission herby approves CUP No. 2019-03 subject to the Standard and Special
Conditions of Approval found in Exhibit A attached.
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Resolution No. PC-2019-642
Page 3
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 Di Cecco, Landis, Vice Chair Haverstock, and
Chair Aquino
NOES: None
ABSENT: Commissioner Hamous
ABSTAIN: None
PASSED, AND ADOPTED this 27th day of August, 2019.
Ka~~p~;?
Community Development Director
Exhibit A-Conditions of Approval
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Resolution No. PC-2019-642
Page 4
EXHIBIT A
CONDITIONS OF APPROVAL FOR
CONDITIONAL USE PERMIT (CUP) No. 2019-03
STANDARD CONDITIONS OF APPROVAL
The applicant shall comply with Standard Conditions of Approval for Conditional Use
Permits as adopted by City Council Resolution No. 2009-2799 (Exhibit B), except as
modified by the following Special Conditions of Approval. In the event of conflict
between a Standard and Special Condition of Approval, the Special Condition shall
apply.
SPECIAL CONDITIONS
1. This Conditional Use Permit is granted or approved with the City's designated
approving body retaining and reserving the right and jurisdiction to review and to
modify the permit-including the conditions of approval-based on changed
circumstances. Changed circumstances include, but are not limited to, major
modification of the business; a change in scope, emphasis, size, or nature of the
business; the expansion, alteration, reconfiguration, or change of use; or the fact
that the use is negatively impacting surrounding uses by virtue of impacts not
identified at the time of application for the conditional use permit or impacts that
are much greater than anticipated or disclosed at the time of application for the
conditional use permit. The reservation of right to review any permit granted or
approved under this chapter by the City's designated approving body is in
addition to, and not in lieu of, the right of the City, its Planning Commission, City
Council and designated approving body to review and revoke or modify any
permit granted or approved under this chapter for any violations of the conditions
imposed on such permit.
2. The City of Moorpark reserves the right to modify, suspend or revoke for cause
this conditional use permit consistent with Chapter 17.44 of the Moorpark
Municipal Code or as may be amended in the future.
3. No employee shall sell any alcoholic beverages to any person under twenty-one
(21) years of age.
4. Employees involved in the sale or service of alcoholic beverages shall not be
allowed to consume alcoholic beverages at any time during their shift.
Employees shall not report to work with evidence of having consumed any
intoxicants such as alcohol, illegal drugs or controlled substances.
5. Applicant shall provide the Community Development Department with a copy of
license from the Department of Alcoholic Beverage Control (ABC) prior to
issuance of zoning clearance for occupancy.
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Resolution No. PC-2019-642
Page 5
6. Approval of a Zoning Clearance is required prior to the issuance of building
permits.
7. Prior to the issuance of a Zoning Clearance for tenant occupancy, the
prospective tenant shall obtain a Business Registration from the City of
Moorpark. All contractors doing work in Moorpark shall have or obtain a current
Business Registration.
8. Prior to the issuance of a Zoning Clearance for tenant occupancy, the applicant
must provide the following:
a. A copy of their Seller's Permit issued by the California Department of
Tax and Fee Administration (CDTFA) identifying Moorpark as the point
of sale for retail sales and wine club memberships occurring at the
subject location.
b. A letter, on business letterhead, certifying that all retail sales generated
will be properly reported to the CDTFA as occurring within the City of
Moorpark.
9. A separate sign permit application is required for all proposed signs, which are
subject to the review and approval of the Community Development Director.
10. Other than a business sign in conformance with Chapter 17.40 of the Zoning
Ordinance, there must be no advertising of any kind or type promoting or
indicating the availability of wine visible from the exterior of the building. Interior
signs or displays of wine that are clearly visible to the exterior shall constitute a
violation of this condition.
11. All exterior areas of the site, including parking areas under use by the facility,
must be maintained free of litter and debris at all times.
12. 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.
13. Trash, recycling and potential food waste services must be provided by the City's
franchised waste hauler, Waste Management. Services may be set up by calling
(805) 522-9400. Use of any other third-party waste hauler is prohibited.
14. The proprietor shall reimburse the City of Moorpark for any additional police or
other costs incurred by the City as a result of operations of the business,
including 15% overhead on any such services.
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Resolution No. PC-2019-642
Page 6
15. 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. Similarly, the proposed tasting area shall not exceed 96 square
feet or 10% of the tenant space.
16. No outdoor storage is allowed under this approval. Any request for outdoor
storage shall be subject to the application requirements in place at the time of
such request.
17. 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.
18. Any and all employees directly involved or supervising the sale of alcoholic
beverages shall provide evidence and the business shall maintain records that
employees have:
a. Received training from the State of California Department of Alcoholic
Beverage Control "Leadership and Education in Alcohol and Drugs"
LEAD program in the form of an ABC issued certificate.
b. The Owner/Manager shall confirm with the California Department of
Alcoholic Beverage Control within fifteen (15) days of hire any new
employee has been scheduled with the local (Ventura ABC office) to
attend the LEAD program course. Alternatively, this course attendance
requirement may be met through a LEAD certified agency or company
approved by the State of California.
19. All necessary permits must be obtained from the Building and Safety Division
and all construction shall be in compliance with the Moorpark Building Code and
all other applicable regulations.
20. All other conditions of approval of Development Plan Permit No. 205 shall
continue to apply, except as revised herein.
21. Business activities related to the tasting and sale of wine are limited to the hours
of 8:00 a.m. to 8:00 p.m., daily.
Public Works
22. Obtain coverage under the California Industrial General Permit 2014-0057-DWQ
(Permit), or provide documentation supporting Permit coverage will not be
required. For more information, please visit the California State Water Resources
Control Board at:
www.waterboards.ca.gov/water_issues/programs/stormwater/industrial.html
-END-
117
RESOLUTION 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:
PC ATTACHMENT 5
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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) is not
analyzed for over concentration in this census tract.
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.
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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:
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
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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. [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 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. [CDD]
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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]
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]
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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. [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 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. [CDD]
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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. [CDD]
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. [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. 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. [CDD]
17) Prior to expansion, applicant shall update the business registration to reflect the
new address. [CDD]
18) Approval of a Zoning Clearance for occupancy of Suite C is required prior to
occupancy of tenant space. [CDD]
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. [CDD]
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]
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