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AGENDA REPORT 2023 0124 PC REG ITEM 08A
CITY OF MOORPARK, CALIFORNIA Planning Commission Meeting of January 24, 2023 Item: 8.A. ACTION: Approved Staff Recommendation, Including Adoption of Resolution No. PC-2022-687. BY: J. Lugo A. Consider Resolution No. PC-2022-687, 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 California Environmental Quality Act in Connection Therewith, on the Application of Ben Aune on Behalf of Bowlero Corporation. Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; and 2) Adopt Resolution No. PC-2022-687 approving Conditional Use Permit No. 2022- 04 and finding the project Exempt from environmental review pursuant to the California Environmental Quality Act (CEQA). (Staff: Philip Neumann) MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Philip Neumann, Associate Planner I DATE: 01/24/2023 Regular Meeting SUBJECT: Consider Resolution No. PC-2022-687, 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 California Environmental Quality Act in Connection Therewith, on the Application of Ben Aune on Behalf of Bowlero Corporation. STAFF RECOMMENDATION 1. Open the public hearing, accept public testimony, and close the public hearing; and, 2. Adopt Resolution No. PC-2022-687 approving Conditional Use Permit No. 2022-04 and finding the project Exempt from environmental review pursuant to the California Environmental Quality Act (CEQA). PROJECT DESCRIPTION AND BACKGROUND 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 (Attachments 1 & 3) on the application of Ben Aune for Bowlero Corporation. Pursuant to this approval, the facility will be operated pursuant to a Type 47 License approved by the California Department of Alcoholic Beverage Control (ABC). The space is located within the Village at Moorpark Shopping Center and was previously occupied by Dick’s Sporting Goods. Condition of Approval #22 of AP No. 2022-12 states that the sale of alcohol shall cease at midnight each night. This condition was placed in response to Staff’s sensitivity to a large-scale commercial recreation use, which is a new proposal for the City. The Item: 8.A. 2 Honorable Planning Commission 01/24/2023 Regular Meeting Page 2 applicant is requesting to extend the hours during which alcohol may be sold until 2:00 a.m. Due to the unique nature of the business as a large recreation facility that would stay open late and serve alcohol, the Community Development Director has determined that this request should receive additional discretionary review by the Planning Commission and opportunity for public input as a Conditional Use Permit. Conditional Use Permit No. 2022-04 was to be presented at the November 22, 2022 Planning Commission meeting. The applicant requested the Planning Commission continue the item to the December 20, 2022 meeting. The continuance was granted. The item was once more requested to be continued, and was then scheduled to be heard at the January 24, 2023 Planning Commission meeting, which is why the Planning Commission is hearing this item this evening. EXISTING AND SURROUNDING LAND USES The 11.52-acre lot is developed with an existing 131,745 square-foot shopping center (Village at Moorpark) and associated site improvements (approved via CPD No. 2004-01 in 2004). The property contains several commercial and service retailers. The subject building was previously occupied by Dick’s Sporting Goods but is currently vacant. 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 Specific Plan 92-1 Carlsberg Specific Plan, Sub- Regional Retail / Commercial The Village at Moorpark Shopping Center North Floodway Commercial Planned Development (CPD) Arroyo Simi South Specific Plan 92-1 Carlsberg Specific Plan, Single Family 3 Units Per Gross Acre / Open Space Single-Family Residential / Open Space East Specific Plan 92-1 Carlsberg Specific Plan, Sub- Regional Retail/Commercial Moorpark Marketplace Shopping Center West Specific Plan 92-1 Carlsberg Specific Plan, Open Space Open Space General Plan, Zoning, and Specific Plan Consistency: The General Plan land use designation for the project site is Carlsberg Specific Plan (SP 92-1). The Zoning designation for the project site is Carlsberg Specific Plan, which is consistent with the General Plan designation. SP 92-1 is intended to provide for a wide 3 Honorable Planning Commission 01/24/2023 Regular Meeting Page 3 range of retail, services, residential and open space. SP 92-1 designates the subject property for Sub-Regional Retail/Commercial (SR/C) uses, which is intended to provide for a shopping center featuring both retail and service commercial uses for the convenience of residents of the development as well as of the surrounding community. As a result, the addition of a bowling alley containing a restaurant is compatible with the General Plan, zoning, and specific plan designations of the subject property. The bowling alley, including the restaurant would occupy a commercial space that is currently vacant, which 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. The project is also consistent with Goal 8 of the General Plan Land Use Element: Provide for new commercial development which is compatible with surrounding land uses. The proposed use would add to the variety of commercial facilities within Moorpark as the city does not currently have this form of recreation available to the community. The restaurant is an ancillary use to the main recreation use, but the layout is generally consistent with other food locations within the Village at Moorpark Shopping Center and the adjacent Moorpark Marketplace Shopping Center. ANALYSIS General Discussion: The business is expected to have up to 40 employees during peak hours with a total of up to 80 employees overall. The bowling alley would consist of 40 lanes, an arcade, a sports bar, and a full-service restaurant. While hours of the business would vary seasonally and depending on demand, the business would open no earlier than 8:00 a.m. daily, and would close no later than 1:00 a.m., Sunday through Thursday, and 2:00 a.m., Friday and Saturday. As proposed, alcohol service would be available from time of opening until closing, with last call occurring 30 minutes prior to the daily close of business. Employees are instructed to check for proper valid ID before alcohol is served and postings regarding the 21 and over regulations would be placed at the bar and other prominent areas. The area of service will be throughout all public areas of the building. All alcohol is stored and locked in a secure room and only trained and qualified management team members have access. Alcohol will not be located within the kitchen. Alcohol at the bar is for daily use and display. At the end of the night, it is inventoried and replenished as necessary. At least three cameras would be focused on the bar and one in the liquor room. Approved Administrative Permit No. 2022-12 (Attachment 6) and the Draft Resolution (Attachment 7) include conditions of approval provided by the Police Department to further address any potential concerns regarding alcohol use and consumption. The applicant is proposing tenant improvements as shown on Attachment 4, in addition to signage and new paint to the exterior, both of which would be approved administratively under a separate permit. 4 Honorable Planning Commission 01/24/2023 Regular Meeting Page 4 Concentration of Alcohol Licenses: The concentration of alcohol licenses was analyzed with Administrative Permit (AP) No. 2022-12 (Attachment 6). The approval included a finding of public convenience and necessity to allow the establishment of the proposed alcohol outlet. The requested modification to the hours during which alcohol may be sold does not have an effect on the number of establishments selling alcohol and therefore does not require additional analysis of alcohol concentration. The findings were previously made with AP No. 2022-12 (Attachment 6) and remain the same. View from parking lot toward proposed business. Moorpark Police Department: The Moorpark Police Department has reviewed this application and provided conditions of approval. With the addition of these conditions, the Police Department has no concerns regarding the proposed change of hours. 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: October 31, 2022 Date Application Determined Complete: October 31, 2022 Planning Commission Deadline: December 30, 2022 5 Honorable Planning Commission 01/24/2023 Regular Meeting Page 5 Planning Commission Amended Deadline: January 24, 2023 1 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 a change of hours for the sale of alcohol at an approved use within an existing commercial building. No development is proposed or authorized with this request. 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 November 11, 2022. 2. Mailing. The notice of the public hearing was mailed on November 10, 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 November 8, 2022. ATTACHMENTS 1. Location and Aerial Maps 2. Public Comments Received Prior to January 19, 2023 1 The applicant requested a continuance to further address the Conditions of Approval. The project was approved for continuance at the December 20, 2022 Planning Commission meeting, with a hearing date set for the January 24, 2023 Planning Commission meeting. 6 Honorable Planning Commission 01/24/2023 Regular Meeting Page 6 3. Existing Site Plan 4. Proposed Floor Plan 5. Business Statement 6. Administrative Permit No. 2022-12 7. Draft Resolution with Conditions of Approval 7 Location Map - 706 Los Angeles Avenue PC Attachment 1 8 ~ 301 / 70 I \ 525 ~ 52 633 "'fl~e\eS ,,_~e ; 36 501 ~ \,OIi ~I 559 E Los Angeles Ave (/) \ 'Q ' 5' <O 502 "' a. 510 / 1" = 282 ft Cond it i onal Use Perm it No. 2022-04 706 09/08/2022 ~. t \ ✓ \ 800 This map may represents a vi sual display of related geograph ic information. Data provid ed here on is not g uarant ee of acutual field conditions. To be sure of compl ete accuracy, pl ease contact the responsibl e staff for most up-to-date information. ' Aerial Map - 706 Los Angeles Avenue 9 1" = 386 ft ::'::. Cond it i onal Use Permit No. 2022-04 ~" 1(1 e;,;. . , .. iiil, .._ :..h ...... 09/08/2022 This map may represents a vi sual display of related geograph ic information. Data provid ed here on is not g uarant ee of acutual field conditions. To be sure of compl ete accuracy, pl ease contact the responsibl e staff for most up-to-date information. PC ATTACHMENT 2 CITY OF MOORPARK COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM Date: January 19, 2023 To: Honorable Planning Commission From: Philip Neumann, Associate Planner I Subject: Conditional Use Permit No. 2022-04 – Public Comments Received Prior to January 19, 2023 The following public comment letters were received prior to the publication of the agenda on January 19, 2023. 10 From:Tim Iannetta To:Planning Subject:Conditional Use Permit 2022-04 (Bowlero) Date:Tuesday, November 15, 2022 9:19:55 AM Hi... I'd like to voice my opposition to the proposed extension of alcohol service hours for the approved bowling alley at 706 LA Avenue. Given the close proximity to surrounding houses and Miller Parkway which services the Serenata residential community, I worry about late night noise, alcohol related parking lot crime and disorderly conduct and potential DUI's on Miller Pkwy around residences. As it is now, Patriot Drive already serves as a location for late night racing and burnouts. I feel this will only exacerbate an existing issue. I'd like to see alcohol service limited in alignment with other restaurants and businesses in the area. Thabk you. Tim Iannetta 13991 Stagecoach Trail Moorpark, CA 93021 Sent from Yahoo Mail on Android 11 From: Alice Landavazo <landavazo@sbcglobal.net> Sent: Monday, December 19, 2022 4:12 PM To: Planning <planning@MoorparkCA.gov>; Philip Neumann <PNeumann@MoorparkCA.gov> Subject: Bowlero Corporation’s proposal to extend the hours during which alcohol can be sold This letter is in response to a planning commission meeting scheduled for December, 20th 2022 at the Moorpark City Hall. Specifically, Conditional Use permit No. 2022-04, Applicant/Owner Ben Aune for Bowlero Corporation’s proposal to extend the hours during which alcohol can be sold from midnight to 2:00 a.m. at the approved bowling alley and restaurant. I am in opposition to extending hours during which alcohol can be sold. The building is located in close proximity to a residential neighborhood. My home is directly above this building and I am concerned about possible noise related to drinking activities during the late-night hours interfering with my families and neighbors’ ability to sleep at night. Best Regards, Alice Landavazo 12 From:M Mann To:Philip Neumann Subject:Bowlero application Date:Sunday, January 08, 2023 7:23:00 PM Hi Philip, My name is Meghan Mann and I am a Moorpark resident. I was looking on the city’s website and saw the proposed Bowlero location. Very excited about the prospect of that business opening. It has been on “application submitted” status for a while, is there a timeline for approval? Thanks, Meghan 13 CLE X C E P T I O N V.C.F.C.D. EV PARKING EVPARKINGCHARGERSRAMPDOWNCLBUILDING C59,763 sq.ft.48'± HIGHM I L L E R P A R K W A YN E W L O S A N G E L E S A V E .BUILDING B26'± HIGHBUILDING D26'± HIGHBUILDING E-F16,072 sq.ft.33'± HIGHBUILDING G6,252 sq.ft.33'± HIGHBUILDING H5,020 sq.ft.20'± HIGHBUILDING A45,360 sq.ft.44'± HIGHRAMP DOWNRAMP DOWNNOTE:ALL ITEMS SHOWN ON PLAN ARE EXISTING& TO REMAIN, UNLESS OTHERWISE NOTEDRAMP DOWNLEGAL DESCRIPTIONSITE AREA (GROSS)APN NUMBER501,818 SF (11.52 ACRES)512-0-350-045LOT 2 OF TRACT 4973ZONINGCPDAREA PLANNINGCITY OF MOORPARKCONSTRUCTION TYPETYPE V-BBUILDING HEIGHT/STORIES (BUILDING A)44 FT. / 1-STORYOCCUPANCYBSPRINKLERSFULLY SPRINKLEREDMAP NO.130MR 59PARKING SPACES PROVIDEDSEE CALCULATIONS, THIS PAGESITE IMPERVIOUS AREA414,364 SFSITE LANDSCAPED AREA87,454 SFBUILDING AREA (BUILDING A)45,360 SF (GROSS)TYPEREQUIREDSHORT-TERM (ST)-VEHICLE PARKINGBICYCLE PARKINGSTANDARDEVACCESSIBLEPARALLELMOTORCYCLE-----TOTAL527PARKING CALCULATIONS* CALCULATED FOR ENTIRE SHOPPING CENTERTYPEREQUIREDSITE BUILDING COVERAGE132,467 SF (26% OF LOT)47521569507EXISTINGEXISTING725'EASEMENTPER SURVEY25'EASEMENT PER SU R V EY 25'EASEMENTPER SURVEY63'-1018"56'-518"55'-1134"40'-234"39'36'-1038"6'UTILITYEASEMENT6'UTILITYEASEMENT6' UTILITY EASEMENT 6'UTILITYEASEMENTBIKERACKBIKERACKTRASHTRASHTRASHTRASHTRASHTRASHTRASHBIKERACKBIKERACKBIKERACKASPHALTPAVEMENTASPHALTPAVEMENTASPHALTPAVEMENTASPHALTPAVEMENTASPHALTPAVEMENTASPHALTPAVEMENTASPHALTPAVEMENTASPHALTPAVEMENTASPHALTPAVEMENTASPHALTPAVEMENTASPHALTPAVEMENTCONCRETECONCRETECONCRETECONCRETECONCRETECONCRETECONCRETECONCRETECONCRETECONCRETECONCRETECONCRETECONCRETECONCRETECONCRETECONCRETE SIDEWALKCONCRETE SIDEWALKCONCRETE SIDEWALKCONCRETE SIDEWALKCONCRETE SIDEWALKFOUNTAINCOURTYARDCONCRETEPLANNING & ZONING INFORMATIONVILLAGE AT MOORPARK742 NEW LOS ANGELES AVEMOORPARK, CA 93021Dwg. No.DRAWING:Opus:Date:Scale:PROJECTOWNERVILLAGE AT MOORPARK, P.O., LLC766 NEW LOS ANGELES AVE., STE. D4MOORPARK, CA 93021Carolyn Manwaring, Portfolio Manager805.604.2697carolyn@aiiproperties.com-1SCALE: 1/32" = 1'-0"N706BOWLERO MOORPARKAPPLICANT: BEN AUNE, BOWLERO CORPORATIONLOT 2 OF TRACT 4973SITE PLANPC Attachment 314I I I I ' I ' ' I I ' I "' .,, ""• ' ~ ,. ' ' ",, --;;;.99N '..._ .ro<c/'-~ .,. ~~ ........ .,, ~ ·~ '"',~ , IL. __ ·~ . . ' ,% tq,,~ ---~,i, -sl-----~6'lll M,.9Q,gt,,L9N 3246ABCD15EFGD.94.22.52.1D.8EXISTING STAIR TO REMAIN508 SFWOMEN12475 SFJAN /UTILITY123376 SFMEN122977 SFKITCHEN125136 SFFREEZER125B136 SFCOOLER125A127 SFBEERCOOLER126A192 SFLIQUORSTORAGE126192 SFCORRIDOR127135 SFLOADING128221 SFLOUNGE120221 SFLOUNGE121773 SFBAR118280 SFBARSEATING1192,076 SFSOUTHLANESEATING13112,021 SFSOUTHLANES1323,043 SFSOUTHPINSETTER133553 SFELECTRICAL1298,580 SFCONCOURSE101279 SFSHOEDESK102115 SFEVENTSDESK137650 SFSTORAGE135568 SFSTORAGE134342 SFCORRIDOR136252 SFMANAGER'SOFFICE10376 SFCASHROOM104103 SFGMOFFICE105129 SFBREAKROOM107168 SFSALESOFFICE10844 SFCORRIDOR1063,205 SFARCADEA1093,024 SFNORTHLANES114706 SFNORTHPINSETTER115501 SFNORTHLANESEATING113404 SFNORTHCONCOURSE11247 SFNORTHSERVICE111EXISTING LOADING DOCKEXISTING LOADINGEXISTING TRASH ENCLOSURE124a122a123a125a125b127a128a126a115a136a135a134a133a180 SFNORTHLANELOUNGE112A653 SFSOUTHLANELOUNGE13055' - 0 1/4"0' - 7 1/8"37' - 0 5/8"18' - 4 3/8"56' - 0 1/8"17' - 7 1/2"38' - 4"56' - 4"12' - 0"10' - 0"26' - 0 1/2"43' - 0 3/4"0' - 10 3/4"4' - 0"48' - 0 1/2"47' - 11 1/2"103a46' - 4 1/4"11' - 2"34' - 6 1/8"11' - 2"11' - 11 3/4"6' - 3 5/8"36' - 6 1/2"8' - 5 3/8"7' - 2"7' - 2"19' - 0 3/8"8' - 8"18' - 3 1/2"10' - 6"9' - 6"42' - 1 3/4"5' - 1"7' - 0"19' - 4 1/2"5' - 1"15' - 4"11' - 5 3/4"21' - 0 1/8"54' - 10"EXISTING LOADING DOCKEXISTING LOADINGEXISTING TRASH ENCLOSUREEXIT #2EXIT #3EXIT #5EXIT #6MAIN ENTRANCE / EXIT #1ACCESSIBLE EXITACCESSIBLE EXIT,EXIT ONLYEXIT ONLYEXIT #4KEYED ENTRANCE FOR MAINTENANCEACCESSIBLE EXIT,EMPLOYEE ENTRANCE (KEYED)ACCESSIBLE EXIT,EXIT ONLY135 SFREDEMPTION11079 SFARCADEPOD A101A79 SFARCADEPOD B101B79 SFARCADEPOD C101C79 SFARCADEPOD D101D79 SFARCADEPOD E101E44 SFAV HUB11640 SFSOUTHSERVICE117NOTE: AV HUB MAY OCCASIONALLY BE USED AS A DJ BOOTH AS THE ONLY POTENTIAL LIVE ENTERTAINMENT.159 SFDESKQUEUE102A129a8' - 10"2' - 7"8' - 10"8' - 7 3/4"25' - 0"11' - 2"3' - 0"2' - 6"4' - 11 1/2"2' - 6"20' - 3"3' - 0"69' - 11 1/2"16' - 0"5' - 0"2' - 6"4' - 11 1/2"2' - 6"3' - 0"10' - 0"6' - 7 1/8"10' - 0"6' - 7 1/8"10' - 0"6' - 7 1/8"10' - 0"6' - 7 1/8"10' - 0"14' - 5 7/8"0' - 7 1/4"51' - 0"3' - 6"56' - 0"13' - 4"2' - 0"9' - 0"8' - 6"8' - 9"0' - 7 1/4"8' - 10 1/2"0' - 7 1/4"6' - 1"16' - 0"6' - 1"0' - 7 1/4"11' - 4 1/4"59' - 6 3/4"14' - 9 7/8"58' - 10 1/4"15' - 10 7/8"3' - 0 1/8"16' - 10 1/2"12' - 3 1/2"4' - 2 1/2"9' - 5 5/8"7' - 0"16' - 6 1/2"10' - 3 1/2"0' - 5"10' - 6 3/4"0' - 5"10' - 10 3/4"0' - 5"10' - 8"7' - 4"0' - 7"3' - 8"0' - 7 1/4"9' - 6"26' - 1 3/4"3' - 6"4' - 0"6' - 11"5' - 0"9' - 10 1/8"10' - 0"9' - 9 7/8"8' - 7"0' - 7 1/4"188' - 8 1/4"0' - 7 1/4"5' - 3"0' - 7 1/4"18' - 11 1/4"59' - 3 7/8"1' - 10"6' - 0"9' - 8 1/4"16' - 0" .3' - 1 5/8"15' - 4 3/4"0' - 7 1/4"51' - 0"4' - 4 7/8"3' - 6"9' - 0"2' - 0"13' - 4"56' - 0"5' - 0"5' - 0"6' - 0"13' - 11 1/4"15' - 6"7' - 5"0' - 7 1/4"34' - 4"0' - 7 1/4"30' - 0 1/4"4' - 6"279' - 4"192' - 0"47' - 0"24' - 9 1/2"51' - 11 7/8"EX002EX003EX004EX005EX006EX007EX008EX009EX010EX011EX012EX013EXISTING WINDOW, CLEAR GLASS TO REMAINNEW SWINGING GLASS & ALUMINUM DOORS (3 EQUAL LEAVES) IN EXISTING OPENING TO REPLACE EXISTING SLIDER DOOR AND SIDELITES. CLEAR GLASS TRANSOM ABOVE TO REMAIN.EX001EXISTING WINDOW, CLEAR GLASS TO REMAINEXISTING WINDOW, INFILL EXISTING OPENING FOR NEW EXTERIOR MURAL / SIGNAGE EXISTING WINDOW, INFILL EXISTING OPENING FOR NEW EXTERIOR MURAL / SIGNAGE EXISTING WINDOW, INFILL EXISTING OPENING FOR NEW EXTERIOR MURAL / SIGNAGE EXISTING WINDOW, INFILL EXISTING OPENING FOR NEW EXTERIOR MURAL / SIGNAGE EXISTING WINDOW, INFILL EXISTING OPENING FOR NEW EXTERIOR MURAL / SIGNAGE EXISTING WINDOW, INFILL EXISTING OPENING FOR NEW EXTERIOR MURAL / SIGNAGE 6DA-301A,1AV / IT139NEW LOS ANGELES AVENUETRUE NORTHPROJECT NORTHSHEET NUMBER 1230 Peachtree Street NE Suite 2700 Atlanta Georgia 30309 404 888 6600 fax 404 888 6700 tvsdesign.comSHEET TITLENOT RELEASED FOR CONSTRUCTIONSEALKEY PLAN987654321BADCTVS PROJECT NUMBERFEHGJKBADCFEHGJK987654321THOMPSON, VENTULETT, STAINBACK & ASSOCIATES, INC., ARCHITECTSScales as stated hereon are valid on the original drawing, the dimensions of which are 30x45 inches. These scales noted hereon arehereby changed by the ratio ofthe overall sheetdimensions of the print to the corresponding dimensionsof the original drawing.© THOMPSON, VENTULETT, STAINBACK & ASSOCIATES, INC., ARCHITECTSThis drawing is the property of THOMPSON, VENTULETT, STAINBACK & ASSOCIATES, INC., ARCHITECTS and is not to bereproduced or copied in whole or in part. It is only to be used for the project and site specifically identified herein and isnot to be used onany other project. It is to be returned upon request.MLNMLN121110121110NOT RELEASED FOR CONSTRUCTIONORIGINAL ISSUE DATEPP9/1/2022 3:43:31 PMAutodesk Docs://P-20113 - Bowlero Moorpark California/P-20113_A_Bowlero Moorpark California_R22.rvtBOWLERO MOORPARKA-091FLOOR PLAN -PROPOSED USEAPPLICANT: BEN AUNE, BOWLERO CORPORATIONLOT 2 OF TRACT 4973706 NEW LOS ANGELES AVENUEMOORPARK, CA 93021P-2011309/02/2022NO. REVISIONS / SUBMISSIONSDATECONDITIONAL USE PERMIT NO. 2022-04 RESUBMISSION09/02/20223/32" = 1'-0"A,1PROPOSED USE - FLOOR PLAN - LEVEL 1-3/32" = 1'-0"M,11PROPOSED USE - FLOOR PLAN -MEZZANINE-PC Attachment 4150 0 0 0 § 0 0 0 CQ 0 0 0 0 0 0 0 ~ ~-t)-0 ) ~ = ,l ' ' ' -1---------------------------- Bowlero Corp. is the worldwide leader in bowling entertainment, media, and events. With more than 300 bowling centers across North America, Bowlero Corp. serves more than 26 million guests each year through a family of brands that includes Bowlero, Bowlmor Lanes, and AMF. In 2019, Bowlero Corp. acquired the Professional Bowlers Association, the major league of bowling, which boasts thousands of members and millions of fans across the globe. As part of our continued expansion, we are extremely excited to add another premium location to our portfolio of outstanding family entertainment centers. Bowlero Moorpark will consist of forty lanes, an arcade with interactive video games, a sports bar and full restaurant service. The only exterior upgrades to the existing building are paint and signage to be handled under separate permits. Bowlero has no age restriction for the bowling, arcade, or food and non-alcoholic beverage services. Alcoholic beverages are restricted to individuals 21 years of age and over as required by law. Our employees are instructed to check for proper valid ID before alcohol is served and postings regarding the 21 and over regulation/policy are placed at the bar and other prominent areas of the our centers. Alcohol service will be available upon opening, or whenever allowed by law, whichever is later. Last call for alcohol service will be given 30 minutes prior to the daily close of business. Public use hours vary by time of year and demand. Public opening hours will be no earlier than 8AM. Closing times will be no later than 1AM Sunday-Thursday and 2AM Friday-Saturday. The liquor license type will be consumption on premises. The area of service will be: through-out all public service areas of the building. All alcohol is stored and locked in a secure room and only trained and qualified management team members have access. The kitchen will be open and operate during business hours and food will be offered until last call for alcohol is made. Bowlero has an excellent track record with more than 300+ alcohol licensed establishments in the United States, Mexico and Canada. Responsible serving protocols make a fundamental part of our training manuals and workshops for new and existing employees. Our employees go through extensive Alcohol Awareness/TIPS Training and the modules are revisited as needed. Live entertainment at this location is planned as a complement to our Family Entertainment Center offering. In our business model, sometimes clients for private events either request or bring performers to entertain their guests. These performers might include face painters, magicians, fortune tellers, dancers, DJs or solo musician acts. The area for live entertainment will be limited to a 20’x20’ area. Our intent is to limit activities, including performers and performances, to indoors and what the premises can reasonably accommodate. Occupancy will never exceed the total occupant load allowed in the venue. All performances involving ticket sales, large sound amplification, lighting rigs, elevated stages or large crowds whose sole purpose is to attend a live function are not part of our request for consideration to obtain live entertainment use approval. PC Attachment 5 Page 1 of 1 16 A A A A A BOWLERO CORPORATION CITY OF MOORPARK COMMUNITY DEVELOPMENT DEPARTMENT I 799 Moorpark Avenue, Moorpark, California 93021 Main City Phone Number (805) 517 6200 I Fax (805) 532-2540 I www.moorparkca.gov September 28, 2022 Ben Aune 7313 Bell Creek Road Mechanicsville, VA 23111 RE: ADMINISTRATIVE PERMIT NO. 2022-12 -TO ALLOW THE SERVICE OF BEER, WINE AND SPIRITS AT A PROPOSED BOWLING ALLEY, RESTAURANT AND SPORTS BAR WITHIN AN EXISTING 45,022 SQUARE-FOOT BUILDING, LOCATED AT 706 LOS ANGELES AVENUE, ON THE APPLICATION OF BEN AUNE ON BEHALF OF BOWLE RO CORPORATION Dear Mr. Aune: Congratulations, your request for an Administrative Permit to allow service of beer, wine and spirits at a proposed bowling alley, restaurant and sports bar within an existing 45,022 square foot building, located at 706 Los Angeles Avenue, has been approved subject to the subsequent findings. Project analysis and relevant conditions of approval included with the approval action have been incorporated below. No correspondence was received in support or opposition to your request. ANALYSIS General Plan, Zoning, and Specific Plan Consistency: The General Plan land use designation for the project site is Carlsberg Specific Plan (SP 92-1 ). The Zoning designation for the project site is Carlsberg Specific Plan, which is consistent with the General Plan designation. SP 92-1 is intended to provide for a wide range of retail, services, residential and open space. SP 92-1 designates the subject property for Sub-Regional Retail/Commercial (SR/C) uses, which is intended to provide for a shopping center featuring both retail and service commercial uses for the convenience of residents of the development as well as of the surrounding community. As a result, the addition of a bowling alley containing a restaurant and sports bar is compatible with the General Plan, zoning, can specific plan designation of the subject property. The proposed bowling alley, including the restaurant and sports bar would occupy a commercial space that is currently vacant, which 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. The project is also consistent with Goal 8 of the General Plan Land Use Element: Provide for new commercial development which is compatible with surrounding land uses. The proposed bowling alley with restaurant and sports bar would add to the variety of commercial facilities within Moorpark as the city does not currently have this form of recreation available to the community. The restaurant and sports bar, while available on their own, are JAN[CE S PARVIN Mayor DR. ANTONIO CASTRO Councilmember CHRIS ENEGREN Councilmembcr DANIEL GROFF Councilmcmbcr DAVID POLLOCK Councilmember PC Attachment 6 17 18 Ben Aune Bowlero Corporation September 28, 2022 Page 2 ancillary uses to the main recreation use, but are consistent with other food locations within the Village at Moorpark Shopping Center and the adjacent Moorpark Marketplace Shopping Center. General Discussion: Pursuant to Section IV.F.2.d of the Carlsberg Specific Plan, a bowling alley is a permitted use of the Sub-Regional Retail/Commercial zone. Additionally, pursuant to Section 17.20.060.B.3, of the Moorpark Municipal Code, restaurants 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 require an administrative permit when greater than 100 feet of a residentially zoned property. The proposed use is approximately 250 feet from the nearest property. The proposed bowling alley with a restaurant and sports bar would be located within an existing 45,360 square-foot vacant building within an existing shopping center (Village at Moorpark). The business is expected to have up to 40 employees during peak hours with a total of up to 80 employees overall. The bowling alley would consist of 40 lanes, an arcade, a sports bar and a full-service restaurant. While hours of the business would vary by time of year and demand, the business would open no earlier than 8:00 a.m. daily, and would close no later than 1 :00 a.m., Sunday through Thursday, and 2:00 a.m., Friday and Saturday. Per Condition of Approval #22, the sale of alcohol will be required to stop at midnight each night of the week. Alcohol use would be available from time of opening until closing, with last call occurring 30 minutes prior to the daily close of business. Employees are instructed to check for proper valid ID before alcohol is served and postings regarding the 21 and over regulations would be placed at the bar and other prominent areas. The area of service will be throughout all public service areas of the building. All alcohol is stored and locked in a secure room and only trained and qualified management team members have access. Alcohol will not be located within the kitchen. Alcohol at the bar is for daily use and display. At the end of the night, it is inventoried and replenished as necessary. At least three cameras would be focused on the bar and one in the liquor room. The applicant is proposing tenant improvements in addition to signage and new paint to the exterior, both of which would be approved administratively under a separate permit. Concentration of Alcohol Licenses: The Village at Moorpark Shopping Center currently has one other tenant that holds an alcohol license, Amazon Fresh. Amazon Fresh holds a license containing Type 21 (Off-Sale General) and Type 86 (Instructional Tasting) license types. Due to Amazon Fresh having an off-sale liquor license and Bowlero proposed to have an on-sale liquor license Type 47 (On-Sale General -Eating Place), Amazon's liquor license is not a factor in alcohol concentration for the applicant's proposed license type. 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 five licenses for on-site consumption within the census tract 76.13 19 Ben Aune Bowlero Corporation September 28, 2022 Page 3 before there is a presumption of undue concentration. There are currently six Type 41 (On-Sale Beer & Wine -Eating Place), one Type 47 (On-Sale General -Eating Place), and one Type 64 (Special On-Sale General for Nonprofit Theater Company) licenses within Census Tract 76.13, where the project is proposed. Based on these conditions, the ABC has determined that there is currently a presumption of undue concentration of alcohol outlets in Census Tract 76.13. The addition of this proposed alcohol use at the project site has the presumption to increase an undue concentration of alcohol outlets in Census Tract 76.13. As a result, ABC will not issue a license-unless the applicant has obtained the necessary permit from the City, and local findings of public convenience and necessity that is necessary to rebut the presumption of undue concentration. A finding of public convenience and necessity is reasonable in this case, given that the proposed use is a bowling alley with a sports bar and restaurant within an existing shopping center that is proposed to use a vacant building within that center. Shopping centers such as the Village at Moorpark are intended to house businesses that have the potential to sell and serve alcohol. This often results in inadvertently causing undue concentration. Furthermore, the business would be providing a recreational use that is currently non-existent within the City of Moorpark and the proposed concentration is appropriate because the Census Tract hosts a variety of commercial uses. The alcohol use is ancillary to the proposed bowling alley. The nearest residential property is located approximately 250 feet away from the proposed business and has not resulted in any written or verbal concern from those nearby residences per the notice of pending decision. The conditions of approval included in the decision letter address potential concerns that the proposed use could have a negative impact on the public, adjacent uses within the shopping center, or adversely impact police services. When operated responsibly and in accordance with the conditions of approval, the proposed use results in no negative impact. FINDINGS FOR ESTABLISHMENTS SELLING ALCOHOLIC BEVERAGES: A. The presumption of undue concentration has been rebutted by a preponderance of evidence. The establishment is proposed within a retail center, along a major retail corridor, where a variety of establishments selling alcoholic beverages for consumption on the premises is appropriate for public convenience and necessity. B. The proposed use will provide a public convenience and necessity in that the service of alcoholic beverages for on-premises consumption reduces the risk of driving under the influence to and from other locations that provide alcohol service, allowing patrons to eat, partake in recreational activities and consume alcoholic beverages in the same location. C. The use will not create the need for increased police services in that the applicant will maintain a working security system, abide by conditions of approval the police department has provided, and conditions are required to ensure proper control of the service of alcoholic beverages for on-premises consumption. D. 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 the recreation use, along with the restaurant and sports bar uses inside the establishment, could increase sales revenue and might draw customers that will shop at the nearby retail stores 20 Ben Aune Bowlero Corporation September 28, 2022 Page4 and service establishments. E. 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 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. Approval of Application The Community Development Director has determined that the proposal meets the findings required by Title 17, Chapter 17.44 of the Municipal Code. Based upon a review of the proposed project, the requirements of the Zoning Ordinance, and any input from the noticed office hearing, this request for an Administrative Permit is hereby APPROVED subject to the following conditions: 1. The development must be in substantial conformance with the plans presented in conjunction with the application for Administrative Permit No. 2022-12, except any modifications as may be required to meet specific Code standards or other conditions stipulated herein. 2. 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 the permit, which claim, action or proceeding is brought within the time period provided by the California Code of Civil Procedure Section 1094.6 and Government Code Section 65009. 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 building permit is ultimately obtained, or final occupancy is ultimately granted with respect to the permit. 21 Ben Aune Bowlero Corporation September 28, 2022 Page 5 3. This 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 administrative permit or impacts that are much greater than anticipated or disclosed at the time of application for the administrative 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. 4. Conditions of this entitlement shall not be interpreted as permitting or requmng any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. 5. If any of the conditions or limitations of this approval are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 6. All facilities and uses, other than those specifically requested in the application 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. 7. This Administrative Permit shall expire two years from the date of its approval unless the use has been inaugurated by issuance of a Zoning Clearance for Occupancy and City of Moorpark Business Registration Permit; or, if construction with a valid Building Permit has not commenced within that time. The Community Development Director may, at his/her discretion, grant a one-year extension for use inauguration of the development 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 planned development permit shall be made in writing, at least thirty (30) days prior to the expiration date of the permit and shall be accompanied by applicable entitlement processing deposits. 8. 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. 9. Approval of a Zoning Clearance is required prior to the issuance of building permits. 22 Ben Aune Bowlero Corporation September 28, 2022 Page 6 10. Prior to the issuance of a Zoning Clearance for tenant occupancy, an occupancy inspection shall be completed by the Building and Safety Department. 11. The development must be in substantial conformance with the plans presented in conjunction with the application for Administrative Permit No. 2022-12, except any modifications as may be required to meet specific Code standards or other conditions stipulated herein. Except as modified by this request, all permit conditions of Commercial Planned Development Permit No. 2004-04 and subsequent modifications shall continue to apply unless specifically modified by this Administrative Permit. 12. No hazardous materials shall be used, stored or generated on site. 13. All exterior areas of the site, including parking areas under use by the facility, shall be maintained free of litter and debris at all times. 14. No outdoor storage is allowed under this approval. Any request for outdoor storage is subject to the application requirements in place at the time of such request. 15. Prior to the issuance of a Zoning Clearance for any use which requires handling of hazardous or potentially hazardous materials, the applicant shall provide proof that he/she has obtained the necessary permits from Ventura County Environmental Health Division. Should the Community Development Director determine that a compatibility study is required; the applicant shall apply for a Permit Modification to the entitlement. 16. 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. 17. The applicant shall obtain a sign permit from the City prior to placing or constructing any signs on the property. 18. If any of the conditions or limitations of this approval are held to be invalid, that holding will not invalidate any of the remaining conditions or limitations set forth. 19. If applicant will be engaging in retail sales, applicant must provide: 1) a copy of their valid Seller's Permit issued by the State Board of Equalization; and 2) a letter, on business letterhead, certifying that all retail sales generated will be properly reported to the State Board of Equalization as occurring within the City of Moorpark. 20. Areas inside the establishment open to the public must be illuminated sufficiently to allow the identification of persons. 21. For outdoor events that are not considered part of the everyday operation of the facility, the applicant shall apply for and secure a Temporary Use Permit from the Community Development Department. Such application shall be made at least thirty (30) calendar days prior to the commencement of the indoor or outdoor event. As part of the Conditions 23 Ben Aune Bowlero Corporation September 28, 2022 Page 7 of Approval, the Community Development Director may require, based on the scope and size of the event, security guards, traffic control, valet parking and other measures to assure that the event does not disrupt the commercial center and surrounding area. 22. The sale of alcohol shall cease at midnight each night. Solid Waste 23. Prior to issuance of a construction permit, the applicant shall provide a Recycling Bin Plan for the review and approval of the City's Solid Waste Management staff. Bins must be labeled with "Recycling Only" and bins containing mixed material must be sent to a State- approved recycling center or transfer station where the material is to be sorted for proper recycling. Applicant will also be required to divert 65% of all non-hazardous construction materials from landfill. 24. Space must be provided in the trash enclosure for the storage of containers for recycling, green waste and at least one additional 95-gallon food waste bins to satisfaction of the City's Solid Waste Management staff. Alternatively, a separate enclosure must be provided depending on the anticipated volumes of recyclable and green or organic waste material. 25. Prior to issuance of a building permit, the applicant shall submit a Construction and Demolition Materials Management Plan Estimate for the review and approval of the City's Solid Waste Management staff and Building and Safety Division for recycling of waste materials consistent with the aforementioned requirement. The Plan must include estimated quantities for each type of material to be diverted or landfilled. 26. Prior to final inspection, the applicant must submit a Final Report Construction and Demolition Waste Letter of Documentation (including premium gate tickets) to the Building and Safety Division, demonstrating compliance with the Construction and Demolition Materials Management Plan Estimate and indicate the total amount of construction and demolition waste diverted. Moorpark Police Department 27. Prior to tenant occupancy, applicant shall provide the Moorpark Police Department with additional information about the cash room. Based on additional information provided, applicant shall comply with Police Department requirements. 28. Security system shall include a glass break sensor. 29. Employee breakroom and office shall be secured at all times. 30. Trash enclosure shall be secured at all times. 31. Exterior doors shall have viewports. 24 Ben Aune Bowlero Corporation September 28, 2022 Page 8 Ventura County Fire Department 32 . Building plans of all A, E, I, H, R-1, R-2 or R-4 occupancies shall be submitted, with payment for plan check, to the Fire District for review and approval prior to obtaining a building permit. 33. Provide Knox Devices per VCFD 506 Standard . 34 . All exit doors shall swing in the direction of travel (outwards) when leaving the building. 35 . All exit doors shall be provided with panic hardware when serving A, E, I occupancies with an occupant load of 50 or more persons . 36. Access controlled doors, delayed egress devices and Security Grills shall comply with California Building Code (CBC) Chapter 10 and shall be approved by both the Building and Fire Departments prior to installation . A final acceptance inspection by both Building and Fire Departments is required prior to activating the egress controls . 37 . All required egress aisles shall be maintained clear of obstructions at anytime . 38. All emergency lights and exit signs shall be maintained in an operable condition at all times. 39 . The owner/ applicant and all occupants of buildings shall comply with the Fire Department requirements for Evacuation Plans, Drills and training as indicated under The International Fire Code, Chapter 4 "Emergency Planning and Preparedness", and CCR Title 19 Sec 3 .09 . All required records and documentation shall be available for review by the Fire Department upon request. 40 . Fire extinguishers shall be installed in accordance with the International Fire Code. The placement of extinguishers shall be subject to review by the Fire District. The approved Administrative Permit No . 2022-12 becomes effective ten (10) days from the date of this letter , unless an appeal is filed in writing . If you have any further questions , please contact Philip Neumann, Associate Planner I, at (805) 517 -6230 or by email at pneumann@moorparkca .gov . Respectfully, Carlene Saxton Community Development Director 25 Ben Aune Bowlero Corporation September 28, 2022 Page 9 C: Honorable City Council Honorable Planning Commission Troy Brown, City Manager PJ Gagajena, Assistant City Manager Douglas Spondello, AICP, Deputy Community Development Director Dan Schultz, Deputy Building Official Case File -Administrative Permit No. 2022-12 RESOLUTION 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 26PC ATTACHMENT 7 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. 27 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: NOES: ABSENT: ABSTAIN: PASSED, AND ADOPTED this 24th day of January 2023. Chair Carlene Saxton Community Development Director Exhibit A – Conditions of Approval 28 Resolution No. PC-2022-687 Page 1 EXHIBIT A CITY OF MOORPARK CONDITIONS OF APPROVAL Project Approval Date: January 24, 2023 Expiration Date: January 24, 2024 Location: 706 Los Angeles Avenue Entitlements: Conditional Use Permit No. 2022-04 Project Description: Allow the Service of Beer, Wine and Spirits Until 2:00 a.m. at a Bowling Alley, Restaurant and Sports Bar 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 use has been inaugurated by issuance of a building permit for construction. The Community Development Director may, at his/her discretion, grant up to two (2) additional one-year extensions for use inauguration of the development 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 planned development 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 29 Resolution No. PC-2022-687 Page 2 conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said plans or on the entitlement application. [CDD] 4. 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] 5. 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] 6. 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] 7. 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] Permit Specific Conditions – Conditional Use Permit 8. All conditions of approval of this conditional use permit shall supersede all conditions of Administrative Permit No. 2022-12. [CDD] 30 Resolution No. PC-2022-687 Page 3 9. 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] 10. If applicant will be engaging in retail sales, applicant must provide: 1) a copy of their valid Seller’s Permit issued by the State Board of Equalization; and 2) a letter, on business letterhead, certifying that all retail sales generated will be properly reported to the State Board of Equalization as occurring within the City of Moorpark. 11. All exterior areas of the site, including parking areas under use by the business, must be maintained free of litter and debris at all times. [CDD] 12. 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] 13. There must be no advertising of any kind or type promoting or indicating 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] 14. Sales, service or consumption of alcoholic beverages are permitted only between the hours of 8:00 a.m. to 2:00 a.m., daily. Maximum hours for sale of alcoholic beverages shall always comply with California State Law. Any modification to these hours of operation that is proposed by Applicant must be approved by the Community Development Director. The Applicant may also obtain a Temporary Use Permit for a special event that proposes alternate hours, subject to the approval of the Community Development Director. [CDD] 15. Areas inside the establishment open to the public must be illuminated sufficiently to allow the identification of persons. [CDD] 16. In order to approach safety and security concerns in a collaborative manner, the operator shall respond to any written notice sent via certified or registered United States mail or sent by a reputable overnight courier (e.g. Federal Express) by the Police Chief and Community Development Director within seven days of receipt thereof and thereafter work in good faith with the city to address those expressed concerns. Written notice shall be sent to tenant, property owner, and tenant’s 31 Resolution No. PC-2022-687 Page 4 corporate office and shall not be deemed delivered until the last of the three to be delivered. Tenant’s corporate office notice should be addressed to: Bowlero Corp. 7313 Bell Creek Road Mechanicsville, VA 23111 Attn: General Counsel With e-mail copy to: RealEstate@Bowlmor-AMF.com. [CDD] 17. Games or contests sponsored or promoted by the operator requiring or involving the consumption of alcoholic beverages shall not be permitted at any time. [CDD] 18. 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] 19. In connection with a scheduled special event where Applicant anticipates an influx of people exceeding the permitted building occupancy, personnel must be provided to monitor the parking area(s) designated for use by customers of the facility. [CDD] 20. No hazardous materials shall be used, stored or generated on site that are subject to regulation under any federal or state or local laws from time to time in effect concerning hazardous, toxic or radioactive materials. The foregoing restriction shall not extend to hazardous substances typically found or used in establishments within first class enclosed regional Shopping Centers and are maintained only in such quantities as are reasonably necessary for Applicant’s operations in the leased premises. [CDD] 21. No outdoor storage is allowed under this approval. Any request for outdoor storage is subject to the application requirements in place at the time of such request. [CDD] Operational Requirements 22. Prior to the issuance of a Zoning Clearance for tenant occupancy, the prospective tenant shall obtain a Business Registration Permit from the City of Moorpark. Future tenants or uses may require additional discretionary permits, as identified in the Moorpark Municipal Code. All contractors doing work in Moorpark shall have or obtain a current Business Registration Permit. [CDD] Solid Waste 23. Space must be provided in the trash enclosure for the storage of containers for recycling, green waste and at least one additional 95-gallon food waste bins to satisfaction of the City's Solid Waste Management staff. Alternatively, a separate 32 Resolution No. PC-2022-687 Page 5 enclosure must be provided depending on the anticipated volumes of recyclable and green or organic waste material. [SWM] Moorpark Police Department 24. Prior to tenant occupancy, applicant shall provide confirmation to the Moorpark Police Department that the cash room will include a locked door, safe secured to the floor, the frequency that cash will be collected from the safe and taken to the bank, a security camera, door contact alarm and/or motion detection. [MPD] 25. Security system shall include motion sensors. [MPD] 26. Door to employee breakroom and office shall be secured at all times. [MPD] 27. Applicant shall have a policy that the trash enclosure shall be locked after-hours when not in use or when there is a scheduled pick-up. [MPD] 28. Exterior doors shall have viewports. [MPD] Ventura County Fire Department 29. Building plans of all A, E, I, H, R-1, R-2 or R-4 occupancies shall be submitted, with payment for plan check, to the Fire District for review and approval prior to obtaining a building permit. [VCFPD] 30. All exit doors shall swing in the direction of travel (outwards) when leaving the building. [VCFPD] 31. All exit doors shall be provided with panic hardware when serving A, E, I occupancies with an occupant load of 50 or more persons. [VCFPD] 32. All required egress aisles shall be maintained clear of obstructions at anytime. [VCFPD] 33. All emergency lights and exit signs shall be maintained in an operable condition at all times. [VCFPD] 34. Fire extinguishers shall be installed in accordance with the International Fire Code. The placement of extinguishers shall be subject to review by the Fire District. [VCFPD] END 33