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HomeMy WebLinkAboutAGENDA REPORT 2023 0801 PC SPC ITEM 08ACITY OF MOORPARK, CALIFORNIA Planning Commission Meeting of August 1, 2023 Item: 8.A. ACTION: Approved Staff Recommendation, Including Adoption of Resolution No. PC-2023-697. BY: J. Lugo A. Consider Resolution No. PC-2023-697, Approving Conditional Use Permit CD CUP-2023-0015 to Allow the Sale of Beer, Wine and Distilled Spirits for On-Site Consumption at a Proposed 2,013 Square-Foot Restaurant with Live Music and Billiards within an Existing Shopping Center (Varsity Park Plaza), Located at 14711 Princeton Avenue, Suite 1, and Making A Determination of Exemption Pursuant to California Environmental Quality Act in Connection Therewith, on the Application of Gerald Cucco for JR’S Sports Bar and Grill (on Behalf of Varsity Investments LLC). Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; and 2) Adopt Resolution No. PC-2023-697 approving Conditional Use Permit CD CUP-2023-0015 and finding the project Exempt from 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: 08/01/23 Special Meeting SUBJECT: Consider Resolution No. PC-2023-697, Approving Conditional Use Permit CD-CUP-2023-0015 to Allow the Sale of Beer, Wine and Distilled Spirits for On-Site Consumption at a Proposed 2,013 Square-Foot Restaurant with Live Music and Billiards within an Existing Shopping Center (Varsity Park Plaza), Located at 14711 Princeton Avenue, Suite 1, and Making A Determination of Exemption Pursuant to California Environmental Quality Act in Connection Therewith, on the Application of Gerald Cucco for JR’S Sports Bar and Grill (on Behalf of Varsity Investments LLC) STAFF RECOMMENDATION 1. Open the public hearing, accept public testimony, and close the public hearing; and, 2. Adopt Resolution No. PC-2023-697 approving Conditional Use Permit CD-CUP- 2023-0015 and finding the project Exempt from the California Environmental Quality Act (CEQA). PROJECT DESCRIPTION AND BACKGROUND On June 27, 2023, Gerald Cucco for JR’S Sports Bar and Grill, on behalf of Varsity Investments LLC, submitted an application for a Conditional Use Permit (CUP) to allow the sale of beer, wine and distilled spirits for on-site consumption at a proposed 2,013 square-foot restaurant with live music and billiards within an existing shopping center, located at 14711 Princeton Avenue, Suite 1 (Varsity Park Plaza) (see Location and Aerial Maps, Attachment 1). Pursuant to Section 17.20.060.B.3.a of the Moorpark Municipal Code (MMC), a CUP is required to allow the sale of alcohol for on-site consumption within a restaurant and similar establishments engaged primarily in the retail sale of prepared food for on-site or off-site consumption, with or without entertainment and with or without outdoor seating if within 100 feet of a residentially zoned property. The proposed business would be approximately 40 feet from the nearest residentially-zoned property, thus requiring the CUP for the alcohol use. An overview of the proposed on-site consumption of beer, wine and distilled spirits at the proposed restaurant is provided in the Analysis Section of this report. Item: 8.A. 1 Honorable Planning Commission 08/01/2023 Special Meeting Page 2 EXISTING AND SURROUNDING LAND USES The proposed restaurant would be located within Suite 1, a 2,013 square-foot indoor commercial space within the Varsity Park Plaza Shopping Center. Casa Ruiz Peruvian Restaurant most recently occupied the space, and vacated in early 2023. Access to the center is provided by East Amherst Street to the south and Campus Park Drive to the north. 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 Neighborhood Commercial (NC) Commercial Planned Development (CPD) Varsity Park Plaza North Neighborhood Low (NL) Residential Planned Development (RPD-5U) Multi-Family & Single-Family Dwellings South Neighborhood Low (NL) Single-Family Residential (R-1) Single-Family Dwellings East Neighborhood Low (NL) Single-Family Residential (R-1) Single-Family Dwellings West Neighborhood Low (NL) Single-Family Residential (R-1) Single-Family Dwellings General Plan and Zoning Consistency: The General Plan land use designation for the project site is Neighborhood Commercial (NC). Similarly, the zoning designation for the project site is Commercial Planned Development (CPD), which is consistent with the General Plan designation. Both designations support the proposed commercial restaurant with alcohol service. The proposed use is consistent with the following goals and policies of the General Plan: Land Use Element Goal No. 9: Health and Wellness: Land use development practices and programs that contribute to healthy lives for Moorpark’s residents. Goal No. 13: Maintain and Enhance Commercial Areas: Vital, active, prosperous and well-designed commercial centers and corridors that offer a diversity of goods, services, and entertainment and contribute a positive experience for Moorpark’s residents and visitors. Economic Development Element Goal No. 1: Robust Local Economy: A self-sustaining, innovative, and resilient local 2 Honorable Planning Commission 08/01/2023 Special Meeting Page 3 economy that provides goods and services desired by local residents, attracts regional consumer spending, and contributes to Moorpark’s premier quality of life. Goal No. 3: Commercial and Industrial Uses: Thriving retail, office, and industrial businesses that foster local economic prosperity. ANALYSIS General Discussion: The restaurant is proposed within a 2,013 square-foot indoor retail space (see Floor Plan, Attachment 4). Upon entering the restaurant, the kitchen area would be located to the left and the bar located in the center. Dining tables would be located to the right. Two billiard tables would be located behind the seating area, with the restrooms located to the rear. The hours of operation would be 11:00 a.m. to 11:00 p.m., daily. The restaurant would have an estimated up to 18 employees, with four to six working per shift. Alcohol is proposed to be sold during regular business hours with last call occurring half hour prior to closing. Alcohol would be stored in a locked and alarmed office in a locked liquor cabinet to the rear of the business. Alcohol to be served would be placed on shelves and in coolers in the bar area. There would be up to eight beer taps placed in the bar area. Alcohol would be served by employees over the age of 21. A condition of approval requires the applicant to have a “no alcoholic beverages beyond this point” sign located near all exits. The proposed restaurant is to be sports-themed and would on occasion have one to three musicians playing live music. The tables containing seats nine through 12 would be removed to host the musicians (see Floor Plan, Attachment 4). The restaurant would also offer karaoke. Condition of Approval No. 11 re-confirms that the applicant must comply with the City’s noise regulations and also allows the Community Development Director to modify the hours of entertainment/music at his/her discretion in response to noise complaints. The proposed restaurant would be located approximately 40 feet from the Little Scholars Montessori childcare center, located in the same shopping center. It offers programs for toddlers up to the Kindergarten level, ages two through five. Hours of the childcare center are from 8:00 a.m. to 5:00 p.m., Monday through Friday, while closed Saturday and Sunday. In the Fall, they plan to expand their hours from 7:30 a.m. to 6:00 p.m. Business hours with the restaurant and childcare center overlap a few hours a day Monday through Friday. Condition of Approval No. 11 ensures that the noise levels would not affect the operations of the childcare center or adjacent residences. Condition of Approval No. 16 ensures that the restaurant correct any safety or security problem that might be of concern (see Resolution, Attachment 5). 3 Honorable Planning Commission 08/01/2023 Special Meeting Page 4 View from parking lot toward proposed business. Concentration of Alcohol Uses Varsity Park Plaza Shopping Center currently has one tenant with an active California Department of Alcoholic Beverage Control (ABC) license. Handiest Food Mart has a Type 21 license (Off-Sale General). The City does not have an established local standard for undue concentration and therefore follows the ABC’s guidelines. In its analysis, the ABC measures the number of businesses selling alcoholic beverages by census tract. ABC allows for a total of eight licenses for on-site consumption within the census tract 76.14 before there is a presumption of undue concentration. There are currently two Type 41 (On-Sale Beer & Wine – Eating Place) and one Type 47 (On-Sale General – Eating Place) within Census Tract 76.14. Based on these conditions, the ABC has determined that there is not currently a presumption of undue concentration of alcohol outlets in Census Tract 76.14, nor would the addition of this proposed alcohol use at the project site cause an undue concentration of alcohol outlets in Census Tract 76.14. Moorpark Police Department: The Moorpark Police Department has reviewed this application and has no concerns regarding the proposed use. 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 4 Honorable Planning Commission 08/01/2023 Special Meeting Page 5 of these regulations, the following timelines have been established for action on this project: Date Application Filed: June 27, 2023 Date Application Determined Complete: June 30, 2023 Planning Commission Action Deadline: August 29, 2023 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 the sale of beer, wine and distilled spirits for on-site consumption at a proposed restaurant in 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 July 21, 2023. 2. Mailing. The notice of the public hearing was mailed on July 14, 2023, 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. Three 32 square-foot signs were placed on the street frontages on July 20, 2023. ATTACHMENTS 1. Location and Aerial Maps 2. Public Comment Received Prior to July 27, 2023 3. Existing Site Plan 4. Floor Plan 5. Draft Resolution with Conditions of Approval 5 Location Map - 14711 Princeton Avenue, Suite #1 PC Attachment 1 7 •714471 14491 \14505 \~JH 14~4548 14524 V !1490 6639 '0627 6615 --i 6603 6675 -6663 6676 14516 6690 y 6664 ---- 6665 '( 6652 6640 I ~ 6653 6641 <5 6666 I 6654 ~ 6628 6642 ----------- ,._______ 6616 ----6604 6629 6617 6605 (! ~ 6630 ---------.. 6618 6606 14620 6678 14630 . 14660 / \ 1465~14}66~4664 f 14640 ,u / ~' "-I \ ~\1~1461 14682 14684\4686\ ""\_. 14680 \_ \ ---1• 14678 "727, 14715 \ 14670 / \\ 14676 Calr/ ~672 14674 'IJus"' 11rtr Dr 14668 I 6543 ff: ~ .i 6525 :! '-- 6509 a; 147013::1· 14 \·-I ,,; "'"""'''"'' 1. 146114635 1 ! 1 I l "'""~ t =f'~' "'" '""' j, .. nj,. 14606 14 / f Sta nfordSt I · 14664 14678 14 EAmherstSt .. ·-1'~" , ... 14492 I 6592 ,__ 6491 ~ 1461 14634 14642 /14651 14660 648~ 6499 /6488 ~ 6526 \4431 14453 14469 14481 6550 6516 EOxford Cir 6488 1"=186ft 6477 6463 6492 ----6478 -6464 Cond it i onal Use Permit CD-CUP-2023-0015 6469 6510 ,. __ __ 6470 6453 ------\ ~ 6473 6489 / 6474 6472 j 6457 6458 6471 07/07/2023 This map may represents a vis ual display of related geograph ic informat ion. Data provid ed here on is not guarantee of actual fie ld conditions. To be su re of complete accu racy, please contact the responsibl e staff for most up-to-date information . 6 Aerial Map - 14711 Princeton Avenue, Suite #1 . ·- !111 9. • ' 6 . 9 1"=183ft 665 ~ . '.to,._ 6640 n .M 6654, R 66~• Conditiona l Use Permit CD-CUP-2023-0015 07/07/2023 This map may represents a visu al display of related geograph ic information. Data provid ed here on is not g uarant ee of actual fi eld conditions. To be sure of compl ete accu racy, pl ease contact the responsibl e staff for most up-to-date information. 7 CITY OF MOORPARK COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM Date: July 26, 2023 To: Honorable Planning Commission From: Philip Neumann, Associate Planner I Subject: Conditional Use Permit CD-CUP-2023-0015 – Public Comments Received Prior to July 27, 2023 The following public comment letter was received prior to the publication of the agenda on July 27, 2023. 8PC Attachment 2 From:Kevin Gutherie To:Planning Subject:Conditional use permit no. CD-CUP-2023-0015 Date:Wednesday, July 19, 2023 12:01:13 PM Re: the proposal to have insite alcohol consumption and live music in the strip mall located at the corner of Amherst and Princeton. I need to know the facility will close. That is important because it is near to houses. Please let me know. I object to it staying open past 10:00 PM on weekdays or past 11:00 PM on weeknights. -- Kevin Gutherie (805) 990 - 5086 DRE 01972167 Pinnacle Estate Properties 9 Response to Application for Conditional Use Permit CD-CUP-2023-0015 Introduction: Mike and Bonny Whitmore 6618 N Berkeley Circle Moorpark, CA 93021 I apologize for being verbose. I’ve done what I can to shorten this document, but think all of the information is important. We have owned and lived at this house for over 29 years. We raised our children here. It is directly behind the proposed “restaurant”. We purchased a home that we could afford. We knew when we bought the house that Varsity Park Plaza, a neighborhood shopping center, was directly behind us. For 29 years we have tolerated the “normal” noise during normal hours between 7AM and 10PM. After 29 years we have rarely experienced issues with tenants of the shopping center being a nuisance or making too much noise. We’ve never made a complaint to the city about the tenants. We’ve never called the police on any tenant of the shopping center. We have had a few issues with people and customers parked in the parking lot behind us making a lot of noise, loitering, idling their engine for a long time, smoking, graffiti, fireworks, etc. My wife and I have been volunteering for Special Olympics for over 25 years. About 40 weeks out of the year we get up early on Saturday mornings usually about 6AM, but about 10 of those weeks about 4:30 AM so we can help with Special Olympics practices or sports tournaments. Conditional Use Permit CD-CUP-2023-0015 “A request to allow the on-site consumption of beer, wine and distilled spirits at the proposed 2,013 square-foot restaurant with live music and billiards within an existing shopping center.” Located at 14711 Princeton Ave, Suite 1 Proposed name is JR’s Bar & Grill Preface: The public was given only 7 days to respond in writing with a public comment which can be amended to the application for Conditional Use Permit that is given to the Planning Commission. The public was given only 15 days to be ready to comment in front of the Planning Commission on August 1, 2023. If we had been on a two week vacation, we might have come home to something we wish was not there. I am writing this under time duress because it is due in one day. We’ve spent the last 6 days researching the businesses Gerald Cucco has been associated with in the past, the Moorpark General Plan, Moorpark Zones and Zoning Laws, 10 alcohol licenses, other establishments in the city with Type 47 licenses, reaching out to my city councilmember, meeting with neighbors. At the time this document was written, the actual application for Conditional Use Permit had not been released by the City of Moorpark, and will not be released until the afternoon Friday July 28, 2023. The same Internet hyperlinks might be referenced multiple times in this document. We thought necessary to do this so the Planning Commission does not miss anything. Proposed JR’s Bar & Grill Gerald Cucco described to my wife JR’s Bar & Grill will be a family friendly restaurant/bar. Billiards and pin ball machines for the kids. The Bar & Grill will serve Italian food. They will serve chicken fingers for kids. He will have live music with one or two musicians in the band. He will be open until 11PM because he said the Handiest Mart in the same shopping center is open until 11PM. He said he has started and owned similar bar & grills in the past. His last bar & grill closed because of the Covid restrictions forced upon him. He said they will be quiet and a good neighbor. The Planning Department told me he owned a bar & grill in Simi Valley. They said he will have occasional 2 or 3 person band with live music, karaoke, in a sports bar atmosphere, serve food, and his proposed hours are 11AM to 11PM. The previous bar & grill in Simi Valley which Gerald Cucco referenced was called TJ’s Bar & Grill. TJ’s Bar & Grill in Simi Valley What Gerald Cucco has said about this new business to the planning committee, what he told my wife Bonny, and what we know so far is in the “proposal” of the application for Conditional Use Permit – seems like the same kind of business he ran called TJ’s Bar & Grill in Simi Valley from May 2017 – June 2021. What was TJ’s Bar & Grill? What was it like at night between 8PM and 11PM? For alcohol license purposes TJ’s Bar & Grill had to have more collected from food receipts than alcohol receipts, in order to call itself a restaurant. Read the following 3 links and you realize TJ’s Bar & Grill was mostly a bar. It advertised on Facebook like it was a bar. The profile picture on the FB page is a shelf of bottles of wine, beer and distilled spirits – nothing about food. The majority of posts are about alcohol, live music, karaoke, sports bar events, poker nights, cornhole tournaments, darts, etc. Only a tiny percentage of the posts have anything to do with food. Watch and listen to the videos of the live rock and roll music – it is loud. 11 The Yelp reviews of TJ’s Bar & Grill are almost all about the bar. The Yelp reviews of Paniolo BBQ restaurant are mostly about the food but some posts talk about having to walk inside a “dive” bar in order to get their food from Paniolo BBQ. https://www.facebook.com/TJs.Simi https://www.yelp.com/biz/tjs-sports-bar-and-grill-simi-valley https://www.yelp.com/biz/paniolo-bbq-simi-valley-2 Food at TJ’s Bar & Grill When TJ’s Bar & Grill was first opened it had a very simple bar food menu. The menu posted in 2017 on Facebook had 10 different starters (or appetizers), 3 different salads, 3 different hamburgers. The menu augmented the simple menu with a different special on different nights with foods such as: Spaghetti and meatballs, Lasagna, Chili and Cornbread, and Tri-Tip sandwich. This description of this food is similar to the description of food that Gerald Cucco told my wife he was going to offer at the proposed JR’s Bar & Grill. I would not call that restaurant food. July 2018 – Paniolo BBQ moves inside TJ’s Bar & Grill and uses the kitchen owned by TJ’s Bar & Grill. A customer had to walk inside of TJ’s Bar & Grill and order food from Paniolo BBQ only and pay the “owner Ty of Paniolo BBQ. A customer of TJ’s Bar & Grill would order food from “Chef Ty” who specialized in BBQ food. We don’t know the arrangement that the owner of Paniolo BBQ had with Gerald Cucco to supply food to TJ’s Bar & Grill. There is at least one review on Yelp for TJ’s and one review on Yelp for Paniolo BBQ that states they paid for the food and drinks separately Hours of operation at TJ’s Bar & Grill These hours are based on posts found on the Facebook page for TJ’s Bar & Grill and on Yelp Reviews for TJ’s Bar & Grill Monday - Thursday 1PM - 11:30PM Friday 1PM - 12:30AM Saturday 9AM - 12 midnight Sunday 9:30AM - 11:30PM I think live music was Fri and Sat 8PM - 11PM, sometimes Thursday Karaoke was Tues or Wed starting at 8PM Poker nights sometimes Monday night Football Thursday Night Football Proposed JR’s Bar & Grill Location 14711 Princeton Ave, Suite 1 12 Our bedroom and the proposed location of JR’s Bar & Grill is 57 feet 8 inches apart. It is 17 feet from our bedroom to the wall where the property line is. It is 40 feet from the wall to JR’s Bar & Grill. The 40 feet between JR’s Bar & Grill and the property line is where trash bins are located, deliveries are done, employees park. Our neighbor at 6606 Berkeley will have bedrooms for the parents and children less than 100 feet from JR’s Bar & Grill. Out neighbor at 6630 Berkeley will be less than 100 feet away from JR’s Bar & Grill. Across the driveway from JR’s Bar & Grill front door, less than 50 feet away, is the “Little Scholars Montessori”. It is a school for children 2 years through kindergarten age. https://www.littlescholarsmontessori.org/ A Moorpark Public School Bus Stop for Elementary, Middle and High School children is located on Princeton Ave directly in front of the Varsity Plaza Shopping Center. Children walk to and from the school buses at different times in the morning and afternoon. They walk through the shopping center parking lot or walk around on the sidewalk across the shopping mall parking lot driveways. The proposed location is about 1/10th of a mile from the 118 freeway. Parking Customers of JR’s Bar & Grill will most likely use the parking between the building and Amherst St. There are 14 regular parking spots and 2 handicapped spots in that area. That parking lot backs up against the wall where the residential property line is and backs up to the houses with addresses 6606 and 6618 N. Berkeley Circle. There are 4 marked parking spots behind the building against the wall where the residential property line is and backs up the houses with addresses 6618 and 6630 N. Berkeley Circle. There are signs posted on that wall that say “No Parking or Deliveries 9PM - &AM”. That sign is to avoid violations of noise code 17.53 and protect the houses from nuisance noise from tenants, customers and other people who use that area between the shopping center building and the residential line at the wall. Surrounding Neighborhood The surrounding neighborhood is quiet. It shuts down by 9PM. The occasional car might drive by after 9PM. When you go outside in the evening you won’t hear much except maybe background noise from the traffic on the nearby 118 freeway and hooting owls. There are occasional noisy parties from a house at night in the neighborhood but stops by 10PM, maybe 2 or 3 times a year. Moorpark General Plan Designation for that property 13 The property where Varsity Park Plaza is designated as “Neighborhood Commercial” in the City of Moorpark General Plan 2050 which was adopted by the city a few months ago. The general plan defines “Neighborhood Commercial” as: “This designation applies to small parcels, typically 1 to 5 acres in size, providing convenience- type retail, neighborhood offices, and service activities in 1 story buildings designed to serve the immediate neighborhood accessible by car, bicycle, and on-foot.” The property is currently zoned as Commercial Planned Development (CPD). The proposed new zoning map, align with the General Plan, and changes the zone to Neighborhood Commercial (C-1). CPD allows for: 1 – Bars; 2 - Breweries, microbreweries, wine tasting rooms with or without food; 3 - Restaurants that can also server alcohol. Bars, breweries, microbreweries, wine tasting rooms all required a Conditional Use Permit. Restaurants only require a Conditional Use permit if within 100 feet of a residence. A Conditional Use Permit is required for JR’s Bar & Grill because it will be located less than 100 feet from 3 residences. The proposed zoning designation is C-1. C-1 does not allow at all: 1 – Bars; 2 – Breweries, microbreweries, wine tasting rooms. C-1 does allow Restaurants – but all Restaurants on a C-1 require a Conditional Use Permit, not just those within 100 feet of a restaurant. The change to C-1 makes sense for this property since the shopping center is surrounded by a neighborhood. Any restaurant going into that shopping center affects the whole neighborhood and especially those living right next to it. This is a neighborhood and should only have neighborhood friendly businesses within it as written in the City of Moorpark General Plan. https://moorparkgeneralplan.com/wp- content/uploads/2023/04/MPK_GP_Revised_Public_Hearing_Draft_050323-red.pdf Noise The City of Moorpark has noise laws written into the Zoning Plan. This is governed by 17.53 of the Zoning Plan. 17.53.070 talks about prohibited acts. Following are a few very important sections of 17.53.070 of the zoning laws which pertains to JR’s Bar & Grill. General. No person shall unnecessarily make, continue, or cause to be made or continued, any noise disturbance. Notwithstanding any other provision of this chapter, and in addition thereto, the following acts, and the causing or permitting thereof, are declared to be in violation of this chapter: 14 A. Operating, playing or permitting the operation or playing of any radio, television set, stereo or digital equipment, drum, musical instrument, or similar device which produces or reproduces sound: 1. Between the hours of ten (10:00) p.m. and seven (7:00) a.m. any day of the week in such a manner as to create a noise disturbance across a residential or commercial property line or at anytime to violate the provisions of Section 17.53.050, except for activities for which a temporary use permit or conditional use permit has been issued by the city. 2. In such a manner as to exceed the levels set forth for public space in Table 4, measured at a distance of at least fifty (50) feet (fifteen (15) meters) from such device operating on a public right-of-way or public space. B. Operating for any purpose or permitting the operation of any loudspeaker, loudspeaker system, or similar device between the hours of ten (10:00) p.m. and seven (7:00) a.m. any day of the week, such that the sound there creates a noise disturbance across a residential property line, or at any time violates the provisions of Section 17.53.050, except for any activity for which a temporary use permit or conditional use permit has been issued by the city. E. Loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials, garbage cans, or similar objects between the hours of ten (10:00) p.m. and seven (7:00) a.m. any day of the week in such a manner as to cause a noise disturbance across a residential property line or at anytime to violate the provisions of Section 17.53.050. Regardless, all noise laws have to be followed by JR’s Bar & Grill. Exterior Noise from the existing shopping center Over the last 29 years deliveries to the tenants of the shopping center have almost always been during morning and afternoon hours, usually between 7AM and 3PM. Exterior noise is governed by City of Moorpark Zoning law 17.53 – and the tenants of that shopping center have abided by those laws over the last 29 years. The restaurants that have been on that property have closed up by 9PM and have been locked up and gone by 10PM – thus avoiding violations of Zoning law 17.53.070. Since the restaurants have always closed by 9PM their last customers were gone by 9PM, thus exterior noise caused by their customers stopped before 10PM. Entertainment Noise from JR’s Bar & Grill Watch and listen to the videos on Facebook TJ’s Bar & Grill. It’s loud on many nights. We expect the same level of noise at JR’s Bar & Grill. https://www.facebook.com/TJs.Simi 15 Alcohol Gerald Cucco wants to open a restaurant that also serves beer, wine and distilled spirts. This requires a Type 47 alcohol license from the California Department of Alcohol Beverage Control (ABC). A type 41 alcohol license allows a restaurant to server beer and wine only. The zip code of 93021 has 11 establishments with a type 47 Alcohol license within it. Zip code 93021 has 24 establishments with a type 41 Alcohol license within it. The 29 years we have lived here, there has never been a restaurant in the Varsity Plaza shopping center with a type 47 alcohol license. Alcohol License Suspension at TJ’s Bar & Grill • Jan – Feb 2018 – violations of alcohol license are witnessed and documented by ABC o Serving alcohol without the ability to serve food – violation of alcohol license o Using amplifiers for live music – in violation of his alcohol license operating restrictions o Purchasing alcohol from retail vendors – in violation of his alcohol license • Jun 2018 – ABC files an accusation • Dec 2018 – ABC issues a decision and suspends their alcohol license for 30 days • Gerald Cucco appeals the decision by ABC. • Dec 2019 – ABC denies the appeal. • Jan 30 2020 – Feb 24, 2020 – Alcohol License Suspended It took 2 years from the time the violations were witnessed by ABC agent to the time alcohol suspension were finally imposed on TJ’s Bar & Grill. Link to alcohol license for TJ’s Bar & Grill https://www.abc.ca.gov/licensing/license-lookup/single- license/?RPTTYPE=12&LICENSE=580621 Link to ABC appeals decision for alcohol suspension at TJ’s Bar & Grill https://abcab.ca.gov/wp-content/uploads/sites/27/2020/01/AB-9785_Issued_Decision.pdf Communication with the City of Moorpark The public was notified of the Conditional Use Permit on July 17, 2023 – both by a flyer in the mail and a sign posted where TJ’s Bar & Grill wants to establish its business. We have been in communication with the planning department, council member Renee Delgado, and with Mayor Enegren regarding the proposed establishment. 16 Summary If JR’s Bar & Grill seemed like it was going to be in any way similar to Lucky Fools Pub – we’re all in. That’s not the impression we get. The description given to us by Gerald Cucco, the planning committee and comparing it with his TJ’s Bar & Grill – it seems like TJ’s Bar & Grill all over again. JR’s Bar & Grill is not an appropriate business for this neighborhood or any neighborhood. It should be located in a more appropriate Industrial or Commercial (not Neighborhood Commercial) zone. Deny the application Reasons to deny the application for Conditional Use Permit: • At least one time Gerald Cucco’s alcohol license has been suspended. o TJ’s Bar & Grill in Simi Valley  See his license which lists the violations.  See the California ABC deny of appeal where he wanted the penalty to be changed.  One of the violations for this was not serving food when serving alcohol.  Another of the violations was using amplified music, which was in violation of his alcohol license. • The establishment he is going to run will be like TJ’s Bar & Grill in Simi Valley. o Only a very small minority of the posts on Facebook for TJ’s Bar & Grill is about food. A majority of the posts are about drinking, live music, sports, poker, karaoke. o The profile picture on Facebook for TJ’s Bar & Grill is a shelf bottles of alcohol, nothing about food. o The reviews on Yelp for TJ’s Bar & Grill. A large majority of them describe the drinking and bar like atmosphere, very little about the food. o The reviews on Yelp for Paniolo BBQ, which was a restaurant located inside TJ’s Bar & Grill – many reviews describe the “seedy” bar a customer of Paniolo had to go into to reach Paniolo BBQ for food. o TJ’s Bar & Grill is best described as a bar, not a restaurant. Even if the receipts show more than 50% was for food compared to alcohol. It was a bar. Especially between 8PM and 11PM. o The type of clientele that JR’s Bar & Grill will attract is not suitable for a quiet neighborhood. • Children o There is a Montessori school for young children in the same shopping center, less than 50 feet away from the entrance of the proposed TJ’s Bar & Grill o There is a public school bus stop on Princeton directly in front of the shopping center. Children walk through the parking lot, right past the front door of TJ’s Bar & Grill and/or on the sidewalk crossing the driveway for the parking lot every morning and afternoon while school is in. 17  This can be a dangerous situation for the children if a person or persons leave the bar impaired or intoxicated. o Children going to the Handiest Mart or to El Pollo Corona or the ice shop will walk by the front doors of JR’s Bar & Grill. o JR’s Bar & Grill will have arcade style games which some of these same children will want to play. They may enter TJ’s Bar & Grill unsupervised, possibly with drunk customers to play these arcade games. • Noise o JR’s Bar & Grill is less than 100 feet from 3 residences and will be a noise nuisance with the live music, karaoke, and other noise. They will violate noise Zoning law 17.53 repeatedly. o The quiet time for Moorpark is 10PM to 7AM  Customers leaving most likely will have had something to drink, many too much to drink and will be loud when they leave outside in and around the parking lot. If after 10PM they will be disturbing he peace of the neighbors in violation of 17.53  After a restaurant closes for customers the employees still have a lot of work to do, cleaning, scrubbing, taking out the trash to the trash bins which are 35 feet from the residential property line. The live bands will be loading up their musical gear into their cars about 20 feet from the residential property line. Employees cars will be parked against the wall where the residential property line is and will be starting up, making noise. If they close at 11PM, all this noise will be between 11PM and 12 midnight – and will be in violation of noise law 17.53 • JR’s Bar & Grill will be located within a property designated as “Neighborhood Commercial”. It is commercial property surrounded by a neighborhood. The General Plan defines what “Neighborhood Commercial” is and what kind of businesses are appropriate for it. This business is not appropriate for this property or any neighborhood. o There has never been a restaurant or bar at that shopping center that been allowed to serve distilled spirits for on-site consumption. Approving this Conditional Use Permit will set a bad precedence for future businesses that want to operate within that shopping center. o There are 11 Type-47 alcohol licenses currently within zip code 93021. None of those licenses are for establishments that are on property designated as “Neighborhood Commercial”. Approving this Conditional Use Permit will set a bad precedent for the City of Moorpark allowing establishments with Type-47 alcohol license to have a business on any property designated as “Neighborhood Commercial”. • Gerald Cucco should not be allowed to come into an established, quiet, family neighborhood and push upon us his idea of “family” restaurant and bar. If you decide to approve the application 18 We and our neighbors demand conditions be added to the Conditional Use Permit so that the business fits into the “Neighborhood Commercial” designation. These same conditions will be in line with the previous and existing restaurants in that shopping center. At a minimum the following conditions, be added: 1. Beer and Wine only can be served. This is to protect the neighborhood. 2. The restaurant close no later than 9PM. This will help keep the business and their customers from violating Noise Code 17.53 a. This will allow customers to leave before 10PM. b. This gives time for the employees to completely shut down the restaurant, lock up and leave by 10PM c. The sign on the wall where the residential property line says “No Parking or Deliveries 9PM – 7AM”. Those were put there to protect the residents. d. All other existing and previous restaurants in that shopping center close no later than 9PM. 3. No amplified entertainment. This will keep the business from violating Noise Code 17.53 19 .... Cl) ....... --t w m N � -c, II s; .... z.. / 07/20/23 JR'S Sports Bar and Grill f �c., / � /' � /'-....� I I VACANT / I I ', ................... I I ' I I I I I I • I 6 g, j > N I"'" "0 0 :-:t R q � �°'�--�n z -I g "0 0 :u C z ... m 8 u, ... ';" NNa, u, I"'" m Gl >I"'" C m !I{ :D � 0 ;;;: 14711 Princeton Ave. #1. Moorpark, CA 93021 Applicant: Gerald Cucco -' i (818) 970-9959 PC Attachment 3 20 I \ "� ALAR/1\1 / ,l/ � ----­' 34•.1· 7'-J" \ I (EX.) HALLWAYS � {E)El.EClRICN. "'"- It C,R111€f{fl 1BX48 i · tftmr!IA tJ � 15N • J c j � (ft/'EJ ; -- Irr �l ,·.J 11r � I S-0' � Q F7 ') '>I D�Y STORAGE POOL TABLE AREA /SF1 11 F-=f A ,,,I A ,v, / _; __ � 1 I!__ 11���-------�--__ ,/ CAmE«-Ft t J>,a ,.r-� 1 .:-�1 lr-1"4 1 ' z w I l;l 2B?r IC_jll (t K r;,� � = 1-'I bJ1 .. --\��--/ ., '?:,�\,Q,_0, � J (EX.)WAITING / C AREA 34'Pf'' £ � -A-L.So 5+:r /--rloT(o t-J J)£Trc:1ol?..f. n / @ d"ALµ.((?.rri_ \ ()/AF?f)'l l).- 1 _',_ 34'-1" \ \ -..,_ 2,013 SQ.FT. '- JJ 12 � 14 7 11 PRINCETON AVE . 'MOORPARK, CA 93021 / UNtTir---- :::: � PC Attachment 4 ll'•S• -,,-] i!)ElfCTR,11. PAMEl. JAN l~IAL M. (EX.) MEN R.R . ~ l m,~ LL. L,Qu.oR. SfoRl¾E -' If Cflfl\f({R ; 'r--.1 --n . l I ~:;;;;;;:;;;;;;;;::::;;::::!J -L U\P1tM I ~ ' t1 ____ _ I -f •-•· r-;-7 LJ J <( I l H ..-,----1-1---f'. ! i I ~ (EX.) WOM EN R.R . / / ,._ I I :::: ..... .L ---- n1 1 Il l ,., .L LAtrltRA ~~-~-----~ 21 RESOLUTION NO. PC-2023-697 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT CD-CUP-2023-0015, TO ALLOW THE SALE OF BEER, WINE AND DISTILLED SPIRITS FOR ON-SITE CONSUMPTION AT A PROPOSED 2,013 SQUARE-FOOT RESTAURANT WITH LIVE MUSIC AND BILLIARDS WITHIN AN EXISTING SHOPPING CENTER, LOCATED AT 14711 PRINCETON AVENUE, SUITE 1 (VARSITY PARK PLAZA), AND MAKING A DETERMINATION OF EXEMPTION PURSUANT TO CALIFORNIA ENVIRONMENTAL QUALITY ACT IN CONNECTION THEREWITH, ON THE APPLICATION OF GERALD CUCCO FOR JR’S SPORTS BAR AND GRILL (ON BEHALF OF VARSITY INVESTMENTS LLC) WHEREAS, on June 27, 2023, the Applicant submitted a request for Conditional Use Permit (CUP) CD-CUP-2023-0015 to allow the sale of beer, wine and distilled spirits for on-site consumption at a proposed 2,013 square-foot restaurant with live music and billiards within an existing shopping center; WHEREAS, at a duly noticed public hearing on August 1, 2023, for CUP CD-CUP- 2023-0015, the Planning Commission considered CUP CD-CUP-2023-0015, including the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal; and WHEREAS, the Community Development Director has determined that CUP CD-CUP-2023-0015 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 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 billiards and the sale of beer, wine and distilled spirits at a proposed restaurant 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), accompanying studies, and oral and written public testimony, the Planning Commission makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.040: PC ATTACHMENT 5 22 Resolution No. PC-2023-697 Page 2 A. The proposed use is consistent with the provisions of the General Plan, zoning ordinance, and all applicable regulations in that the proposed use would be permitted within the commercial planned development zone and the neighborhood commercial area. The proposed use is also consistent, with General Plan Land Use Element Goal No. 9: Health and Wellness: Land use development practices and programs that contribute to healthy lives for Moorpark’s residents and General Plan Land Use Element Goal No. 13: Maintain and Enhance Commercial Areas: Vital, active, prosperous and well-designed commercial centers and corridors that offer a diversity of goods, services, and entertainment and contribute a positive experience for Moorpark’s residents and visitors. Additionally, the proposed use is consistent with General Plan Economic Development Goal No. 1: Robust Local Economy: A self-sustaining, innovative, and resilient local economy that provides goods and services desired by local residents, attracts regional consumer spending, and contributes to Moorpark’s premier quality of life and General Plan Economic Development Goal No. 3: Commercial and Industrial Uses: Thriving retail, office, and industrial businesses that foster local economic prosperity. B. The proposed use is compatible with both existing and permitted land uses in the surrounding area in that the proposed restaurant with the service of beer, wine and distilled spirits, along with the live music and billiards, would provide an additional commercial/retail option for consumers within an existing shopping center. C. The proposed use is compatible with the scale, visual character, and design of surrounding properties in that there will be no changes to the exterior of the building as a result of the application. D. The proposed use would not be obnoxious or harmful or impair the utility of neighboring property or uses in that conditions of approval have been included to ensure the applicant or his/her designee shall be responsible with preventing alcohol beverages being consumed off the premises of the restaurant and that they must correct any safety or security problem with the police department within three days. E. The proposed use would not be detrimental to the public health, safety, convenience, or welfare in that conditions of approval prohibit advertising of any kind or type promoting or indicating the availability of alcohol from the exterior or the building. Additional Findings for Establishments Selling Alcoholic Beverages: F. The proposed use will not result in an overconcentration in the area of establishments selling alcoholic beverages in that ABC allows for a total of eight licenses for on-site consumption with the same census tract before there is a presumption of undue concentration. There are currently two Type 41 (On-Sale 23 Resolution No. PC-2023-697 Page 3 Beer & Wine – Eating Place) and one Type 47 (On-Sale General – Eating Place) within Census Tract 76.14. Based on this context, the ABC has determined that there is not currently a presumption of undue concentration of alcohol outlets in Census Tract 76.14, and nor would the addition of this proposed alcohol use at the project site cause an undue concentration of alcohol outlets in Census Tract 76.14; G. The proposed use will serve a public convenience 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 billiards, live music and karaoke, and consume alcoholic beverages in the same location; H. The use will not create the need for increased police services in that conditions are provided to ensure proper control of the service of alcoholic beverages for on-site consumption; I. The requested use at the proposed location will not adversely affect the economic welfare of the community, in that the sale of alcoholic beverages in conjunction with food at the establishment could increase sales revenue and might draw customers that will support nearby retail stores and commercial businesses; and J. The exterior appearance of the structure will not be inconsistent with the external appearance of commercial structures already constructed or under construction on surrounding properties, or within the immediate neighborhood so as to cause blight, deterioration or substantially diminish or impair property values within the neighborhood in that there will be no changes to the exterior of the building as a result of the proposed use. SECTION 3. PLANNING COMMISSION APPROVAL: The Planning Commission herby approves CUP CD-CUP-2023-0015 subject to the Conditions of Approval found in Exhibit A attached. 24 Resolution No. PC-2023-697 Page 4 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 1st day of August 2023. Kipp Landis Chair Carlene Saxton Community Development Director Exhibit A – Conditions of Approval 25 Resolution No. PC-2023-697 Page 5 EXHIBIT A CITY OF MOORPARK CONDITIONS OF APPROVAL Project Approval Date: August 1, 2023 Expiration Date: August 1, 2025 Location: 14711 Princeton Avenue, Suite 1 Entitlements: Conditional Use Permit No. CD-CUP-2023-0015 Project Description: Allow the Sale of Beer, Wine and Distilled Spirits for On-Site Consumption at a Proposed 2,013 Square-Foot Restaurant with Live Music and Billiards 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.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] 3.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 26 Resolution No. PC-2023-697 Page 6 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 zoning clearance or a building permit is issued pursuant to the conditional use permit.. [CDD] 4.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] 5.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] 6.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 60 calendar days after the approval of this entitlement. [CDD] Permit Specific Conditions – Conditional Use Permit 7.This Conditional Use Permit expires two years from the date of its approval unless an ABC License has been issued for this use. The Community Development Director may, at his/her discretion, grant up to two additional one-year extensions for use inauguration of the conditional use permit if there have been no changes in the adjacent areas and if the applicant can document that he/she has diligently worked towards use inauguration during the initial period of time. The request for extension of this conditional use permit must be made in writing, at least 30 days prior to the expiration date of the permit and must be accompanied by applicable entitlement processing deposits. [CDD] 27 Resolution No. PC-2023-697 Page 7 8.All necessary building permits must be obtained from the Building and Safety Department. [CDD] 9.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. [CDD] 10.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] 11.All activities on the property must comply with the City’s noise regulations. The Community Development Director may modify the hours of entertainment/music at her/his discretion in response to noise complaints. [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 and wine visible from the exterior of the building. Interior signs or displays of beer and wine 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 11:00 p.m., daily. Hours for sale of alcoholic beverages shall 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.The restaurant must correct any safety or security problem within three days upon written notice of such a problem from the Moorpark Police Department. [CDD] 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] 28 Resolution No. PC-2023-697 Page 8 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.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] [ END ] 29