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HomeMy WebLinkAboutRES PC 2022 687 2022 1220RESOLUTION NO. PC-2022-687 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2022-04, TO EXTEND THE HOURS DURING WHICH ALCOHOL CAN BE SOLD, FROM MIDNIGHT TO 2:00 A.M., AT AN APPROVED BOWLING ALLEY AND RESTAURANT, LOCATED AT 706 LOS ANGELES AVENUE (VILLAGE AT MOORPARK), AND MAKING A DETERMINATION OF EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN CONNECTION THEREWITH, ON THE APPLICATION OF BEN AUNE ON BEHALF OF BOWLERO CORPORATION WHEREAS, on September 28, 2022, the Community Development Director approved Administrative Permit (AP) No. 2022-12 to allow the service of beer, wine, and spirits at a proposed bowling alley and restaurant within an existing 45,022 square-foot commercial building, located at 706 Los Angeles Avenue (Village at Moorpark); and WHEREAS, on October 31, 2022, the Applicant submitted a request for Conditional Use Permit No. 2022-04 to extend the hours during which alcohol can be sold from midnight to 2:00 a.m.; and WHEREAS, at a duly notice public hearing on November 22, 2022, the Planning Commission continued the public hearing for CUP No. 2022-04 to December 20, 2022 per the applicant's request; and WHEREAS, at a duly notice public hearing on December 20, 2022, the Planning Commission continued the public hearing for CUP No. 2022-04 to January 24, 2023 per the applicant's request; and WHEREAS, at a continued public hearing on January 24, 2023, for CUP No. 2022-04, the Planning Commission considered CUP No. 2022-04, including the agenda report and any attachments 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. 2022-04 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. 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 Resolution No. PC-2022-687 Page 2 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 because the applicant is proposing a change of hours for the sale of alcohol at an approved use within an existing commercial building. Therefore, no further environmental documentation is needed. SECTION 2. CONDITIONAL USE PERMIT FINDINGS: Based upon the information set forth in the staff report(s) 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 applicable regulations in that the proposed use would be permitted within the sub-regional retail/commercial designation of the Carlsberg Specific Plan. The proposed use is also consistent, with General Plan Land Use Element Goal No. 7: Provide for a variety of commercial facilities which serve community residents and meet regional needs and General Plan Land Use Element Goal No. 8: Provide for new commercial development which is compatible with surrounding land uses. B. The proposed use is compatible with both existing and permitted land uses in the surrounding area in that the addition of a bowling alley and restaurant with the service of beer, wine and spirits would provide additional recreation and commercial 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 major changes to the exterior of the building as a result of the application. The applicant will be providing applications for signage and exterior painting for approval by the community development department after approval of the conditional use permit. 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 bowling alley, restaurant and sports bar, 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 incorporate a security system approved by the Moorpark Police Department. Resolution No . PC-2022-687 Page 3 SECTION 3 . PLANNING COMMISSION APPROVAL: The Planning Commission herby approves CUP No. 2022-04 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: Commissioner Alva, Barrett, Brods ly , Di Cecco, and Chair Landis NOES: ABSENT: ABSTAIN: PASSED , AND ADOPTED this 24th day of January 2023 . Carlene Saxton Community Development Director Exhibit A -Cond itions of Approval