HomeMy WebLinkAboutAGENDA REPORT 2023 0801 PC SPC ITEM 08A SUPPLEMENTAL 2
MOORPARK PLANNING COMMISSION
SUPPLEMENTAL
AGENDA REPORT
TO: Honorable Planning Commission
FROM: Phil Neumann, Associate Planner I
DATE: 08/01/2023 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)
CORRESPONDENCE RECEIVED
Subsequent to the distribution of the agenda packet and the first supplemental
publication, the following correspondence was received.
ATTACHMENTS
1. Email dated August 1, 2023, from Michael Ellis
2. Email dated August 1, 2023, from Mike Whitmore
3. Email dated August 1, 2023, from Dave Yagers
4. Email dated August 1, 2023, from Roseann Mikos
5. Email dated August 1, 2023, from Shannon
Item: 8.A.
SUPPLEMENTAL #2
From: Michael Ellis <ellis.mj7@gmail.com>
Sent: Tuesday, August 01, 2023 10:21 AM
To: Planning <planning@MoorparkCA.gov>
Subject: Comments for proposed bar and grill on Princeton Ave...
To whom it may concern,
As a restaurant and business owner myself, I take the proposed permit seriously. While I
recognize the need for more successful businesses in the city, opening a billiard hall and bar in
the proposed location is at best misguided and at worst criminal.
The location of the proposed billiard hall, less than 40 ft from bedrooms and homes occupied by
families with small children, raises concerns about noise levels and disturbances during both
day and night. Bars and billiard halls can generate significant noise from players, spectators,
and the collision of balls, which will disrupt the tranquility and peaceful environment that families
in the neighborhood currently enjoy.
Tantamount to the impact of peace and quiet are the safety concerns of opening a bar in a
neighborhood that has never had a restaurant that serves distilled spirits, let alone a bar. The
proposed concept would lead to several undesirable behaviors:
1.Public Intoxication: With alcohol being served, there is a risk of patrons becoming
intoxicated and behaving inappropriately. Drunk individuals might cause disturbances,
act aggressively, or engage in public nuisance, posing safety risks to both themselves
and others nearby.
2.Increased Traffic and Parking Issues: Bars attract customers, leading to increased
vehicular traffic in the area. This can result in parking problems, as patrons may park in
front of residential driveways or block access to homes.
3.Littering and Public Nuisance: Increased foot traffic and alcohol consumption can
contribute to littering and other forms of public nuisance. Broken glass, cigarette butts,
and other debris left behind by patrons can be unsightly and pose hazards to residents,
particularly children and pets.
4. Late-Night Disturbances: The proposed operation hours will extend late into the
night, and patrons leaving the establishment might create disturbances in the
neighborhood, especially during closing hours. This disruption can disturb residents'
sleep and overall quality of life.
5.Crime and Safety Concerns: Bars can attract undesirable elements, and instances
of fights, vandalism, or other criminal activities might increase in the vicinity. This can
create safety concerns for residents, particularly for families with young children.
PC ATTACHMENT 1 2
6. Inappropriate Behavior Near Homes: Some patrons may wander into residential
areas while under the influence, leading to trespassing, loitering, or other unwelcome
behavior near homes.
7. Impact on Property Values: The presence of a bar in a residential neighborhood
might negatively affect property values due to concerns about noise, safety, and
undesirable behaviors, making it less attractive to potential buyers.
8. Strain on Local Resources: Bars might require additional law enforcement presence
to handle potential issues, leading to increased costs and straining local resources.
It is puzzling why this type of business would be proposed at this location when there are
multiple alternatives more highly suited to the concept and away from residences in quiet,
tranquil neighborhoods. Opting for a different location would allow the business to thrive while
avoiding the negative impact on the local residential community. This neighborhood is cherished
by its residents for its family-friendly atmosphere. Introducing a billiard hall and bar in such close
proximity to homes will alter the neighborhood's character and potentially decrease property
values for homeowners.
My family and I have lived in this neighborhood for more than 40 years. Bringing in another
restaurant is a fantastic idea. I would welcome the “glory days” of Grotta Azzurra, but a bar and
grill in this specific location is an easy excuse by the landlord to generate revenue in a space
that has not been successful for a very, very long time. Please do not allow the landlord to take
the easy road because of its shortsighted attempts at filling the vacant restaurant with concepts
that were destined to fail from the outset.
In conclusion, while a billiard hall might be a great addition to the city, the proposed location's
proximity to bedrooms and family homes raises valid concerns about noise, safety, and potential
disruptions to the quiet familial neighborhood. Considering the availability of other suitable
locations, it's advisable to explore alternative sites to ensure the establishment's success
without compromising the residential community's well-being.
Sincerely,
Long Time Berkeley Circle Resident
3
From: Mike Whitmore <mikerwhitmore@gmail.com>
Sent: Tuesday, August 01, 2023 1:27 PM
To: Philip Neumann <PNeumann@MoorparkCA.gov>
Cc: Douglas Spondello <DSpondello@MoorparkCA.gov>; Carlene Saxton
<CSaxton@MoorparkCA.gov>
Subject: Public Comment - additional conditions for JR's Sports Bar & Grill
In addition to recommended Conditions already submitted:
1 - Condition - Close off the opening between the bathrooms and billiards room with a full height
wall and self closing door.
2 - Condition - Install wall, door, and ceiling sound baffling and anything else required which will
keep all sound frequencies from ever being heard or felt outside the business.
3 - Condition - The rear doors can never be used as a way for customers to enter or exit the
building except in an emergency.
PC ATTACHMENT 2 4
From: dymcgvr <dymcgvr@aol.com>
Sent: Tuesday, August 01, 2023 3:57 PM
To: Planning <planning@MoorparkCA.gov>
Subject: Comments/concerns for CUP No. CD-CUP-2023-0015
Im a concerned nearby resident and I'm opposed to this type of business with the owner Gerald
Cucco and his prior violations at two previous sports bar attempts for business.
I'd like to start out stating safety concerns and noise concerns since safety is always number
one in business, residential communities and life. And offer some solutions or adjustments for
use of parking, building and signage, etc.
1) There are children that ride their bikes from Amherst entrance into the Varsity Park Plaza
Shopping Center. They ride directly past the parking lot and building of this proposed sports bar
and grill. These children and adults are bicycling, walking where they are not used to 50 to 99
patrons driving around the area after drinking beer, wine and hard liquor. With the new
California pedestrian law this will be a major safety concern unless the entrance has a bicycle
lane to protect and designate a safe area to ride their bikes, scooters and Segways. Or another
solution would be to have the Sports bar and grill in an Industrial park setting or a commercial
larger area setting where the building and parking isn't so close to children bike and pedestrian
traffic and residential bedrooms less than 50 feet from the three rear doors.
2) Safety next to residences should be number one to oppose an establishment like this where
the owner previously has has yelp reviews so negative showing Mr. Cucco allowing patrons
back after being banned for fighting. If fights are either inside or taken outside and someone
shoots their gun its 10 to 25 feet potentially from bedrooms and homes occupied by children
and their Parents. This gun violence is in the news every week and this type of establishment
with Mr. Cuccos track record should not allow this type of establishment at this location. Mr.
Cucco was cited multiple times for not following code compliance from Simi Valley and has had
over 200 calls reported for noise. This neighborhood is a quiet well established safe zone for
this community and people live here for its high ranking for safety. We don't need that to change
because Mr. Cucco has violated code in the City of Glendale at "The Mix" and in Simi Valley at
TJ's Sports Bar and Grill showing he has no regard for the nearby businesses or residences.
Recently he told one of my neighbors that he didn't want to cause any trouble. He also stated to
my neighbor that he has already spent $100,000 on the project called JR'S Sports Bar and Grill.
Why would anyone spend money before getting their permit?
3) Motorcycle parking should not be allowed near the West parking as its so close to the
residences and so loud. Same noise problems with classic cars, muscle cars with load exhaust
waking the residence neighbors at 11pm and 1130pm. This is why a good solution would be to
modify the project to be a regular restaurant and close at 930 pm on weekdays and have
weekends close at 10pm or 1030pm.
Environmental Impact and financial impact to neighboring businesses and residents.
4) If this project thats supposed to operate like a Restaurant is run anything like Mr. Cuccos last
restaurant in disguise then we will have a whole neighborhood that won't be able to sell their
homes or even rent them out if Mr. Cucco continues to operate as he did previously in Simi
Valley and Glendale, Ca.
PC ATTACHMENT 3 5
If Mr. Cuccos blatant disregard for code compliance continues as it has with his two previous
projects, then the nearby businesses may also lose money due to various occurances such as
loud patrons, use of parking in the other business parking areas.
5) In regard to the floor plan specifically the bathrooms I would say that a bar with pool tables
and 55 to 99 patrons would need larger bathrooms to accommodate all the men who would just
walk outside and urinate because the lines too long.
Lastly I would like to state that when I go to a park to use park facilities like Tierra Rejada Park
and its near residences, Im mindful about slamming my door and chirping my car alarm
because I'm just there visiting and those homeowners deserve peace and quiet. I dont believe
that the majority of Mr. Cuccos patrons will care or even know when the slam there doors at
11pm and start up their open exhaust motorcycles and muscle cars waking up the kids who are
sleeping on a school night not to mention their parents who need to wake up early for work.
Best Regards,
Dave Yagers
6
*Redacted due to profanity
7
1:43 .. aaaoaaaa • 0 ""'., 70%1ii
f-Tj's Sports Bar & Grill
Alby P.
@ 148 0 836 18 162
• • •
DD 5/4/2018
Problem is they've al lowed back
in all the that have
been kicked out in the past and
are also banned from other
area bars.
They start trouble, pick fights
with anyone and chase
customers out.
An indifferent attitude from
the manager and owner lets it
go on.
Known drug dealers, ex cons,
Meghans law of fenders, meth
heads, they are al l here folks.
111 0 <
From: Roseann Mikos <r.mikos@sbcglobal.net>
Sent: Tuesday, August 01, 2023 4:28 PM
To: Douglas Spondello <DSpondello@MoorparkCA.gov>
Subject: Comments on 8A at tonite's planning commission meeting
Roseann Mikos, Ph.D.
14371 E. Cambridge St.
Moorpark, CA 93021
August 1, 2023
Honorable Planning Commissioners
City of Moorpark
799 Moorpark Ave.
Moorpark, CA 93021
Dear Honorable Planning Commissioners,
RE: Item 8A: 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).
Due to another commitment I have tonight, I cannot come in person to your meeting.
However, I am concerned that the proposal, as presented, is being conditioned more as
a restaurant than a bar, which it seems to be, given the history of the applicant who had
to close down a similar establishment for a period of time in Simi Valley several years
ago due to violation of his permit for that similar establishment. You may want to look
into that before deciding. Your staff report says you have till later in August to make a
final decision. You could have staff research that and come back with more information
before you have to decide.
Apart from the above concern, which is a big one, I also see that the applicant:
·is proposing live music (with no conditions to baffle the sounds and no
conditions to restrict amplified music and amplified electronic speakers etc. that
PC ATTACHMENT 4 8
could be very noisy in a residential neighborhood.
I remember the fiasco at the old Rock and Roll Pizza on Princeton Ave. several
years ago with loud amplified music that bothered people in the Charles Street
neighborhood across the street. That was a big mess and I fear this could be
worse if it is allowed or, if allowed, not properly conditioned.
· is proposing to stay open till 11:00pm! This is fully one hour longer than any
other establishment in Varsity Park Plaza now and often two hours longer than
most of the restaurants that have EVER been established in this
NEIGHBORHOOD COMMERCIAL setting. I have lived in this neighborhood
since 1981 so I know.
I think it is a big mistake, if they get an approval, to allow them to stay open till
11pm. Aren’t quiet hours in Moorpark residential neighborhoods supposed to be
from 10pm to 7am? This seems to fly in the face of the local neighbors to have
this open so long with few controls to control the noise of what seems to me to
be more a bar than a restaurant, despite how they are trying to explain it.
If they had to close at 9pm or 10pm, it will still take another hour before they can clean
up and get their trash taken out etc. Even if you vote to allow this use, make them close
at 9pm or 10 pm at very latest.
· is proposing the establishment to be right across the parking lot from the Montessori
school and the school busses where kids of all ages might leave the bus and go in there
to play arcade games that I am told the applicant plans to have there too. This seems
potentially problematic, to say the least: kids going into a bar without adults to
supervise, just so they can play games.
I hope you will continue this item to a future meeting before your final decision so that
you can research further about what I and others who come to the meeting tell
you. The permit streamlining act does NOT require you to make a final decision tonight,
so do more due diligence and don’t decide tonight. But if you DO decide to approve this
tonight anyhow, make stricter conditions as I noted and as others may suggest.
Thank you for your consideration.
Sincerely,
Roseann Mikos, Ph.D.
Moorpark, CA 93021
805-878-3300 (M)
805-529-4828 (H)
9
From: Shannon * <pacificlight88@hotmail.com>
Sent: Tuesday, August 01, 2023 4:54 PM
To: Planning <planning@MoorparkCA.gov>
Subject: 14711 Princeton Avenue, Suite 1
My husband and I are vehemently against allowing on-site alcohol consumption at an
establishment next door to the Little Scholars Montessori preschool.
As parents of two young children, our family was faced with limited options for preschool in
Moorpark. One of our children currently attends Montessori - we could not be more pleased with
the support and care that she has received from the director and teachers, which has allowed
our child to positively grow and thrive. We are baffled that someone would believe that it would
be a good idea to have an alcohol-serving establishment next door to an institution in Moorpark
that cares for young children - would you allow or feel comfortable setting up an alcohol-serving
establishment next to an elementary school?
As a resident of Moorpark, we are proud that our city has become a haven for families looking to
move to a city that is family friendly and where we can raise our children with strong moral
values. We are not against establishments that have live music, billiards and/or serve alcohol,
but the proposed location is unacceptable - alcohol-serving establishments belong in locations
such as High Street or Los Angeles Avenue, not next door to one of the few preschools that
working families like ourselves rely on to provide a safe and nurturing environment for young
children. In addition, Little Scholars Montessori has been part of the Moorpark community for
decades - what message does this send that we would allow such an establishment next door
that would discourage families from choosing to enroll their young children there?
Again, we are strongly opposed to allowing on-site alcohol consumption and ask that the
Planning Commission deny this request.
-Shannon
PC ATTACHMENT 5 10