HomeMy WebLinkAboutAGENDA REPORT 2023 0622 PC SPC ITEM 08ACITY OF MOORPARK, CALIFORNIA
Planning Commission Meeting
of June 22, 2023 Item: 8.A.
ACTION: Approved Staff Recommendation
as Amended, Including Adoption
of Resolution No. PC-2023-691A.
BY: J. Lugo
A. Consider Resolution No. PC-2023-691A, Conditional Use Permit CD CUP-2023-
0016 to Allow the On-Site Consumption of Beer and Wine within an Existing 2,816
Square-Foot Restaurant and 278 Square Foot Outdoor Dining Area, Located at
525 Los Angeles Avenue, Suites F & G (LA Spring Shopping Center), and Making
A Determination of Exemption Pursuant to California Environmental Quality Act in
Connection Therewith, on the Application of Randy Hoang for Hoang & Nguyen
USA, LLC DBA Pho 100 (on Behalf of Allee Real Estate, LP). Staff
Recommendation: 1) Open the public hearing, accept public testimony, and close
the public hearing; and 2) Adopt Resolution No. PC-2023-691A approving
Conditional Use Permit CD-CUP-2023-0016 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: 06/22/23 Special Meeting
SUBJECT: Consider Resolution No. PC-2023-691, Conditional Use Permit
CD-CUP-2023-0016 to Allow the On-Site Consumption of Beer and
Wine within an Existing 2,816 Square-Foot Restaurant and 278
Square-Foot Outdoor Dining Area, Located at 525 Los Angeles
Avenue, Suites F & G (LA Spring Shopping Center), and Making A
Determination of Exemption Pursuant to California Environmental
Quality Act in Connection Therewith, on the Application of Randy
Hoang for Hoang & Nguyen USA, LLC DBA Pho 100 (on Behalf of Allee
Real Estate, LP)
STAFF RECOMMENDATION
1.Open the public hearing, accept public testimony, and close the public hearing;
and,
2.Adopt Resolution No. PC-2023-691 approving Conditional Use Permit CD-CUP-
2023-0016 and finding the project Exempt from the California Environmental
Quality Act (CEQA).
PROJECT DESCRIPTION AND BACKGROUND
On May 2, 2023, Randy Hoang for Hoang & Nguyen USA, LLC DBA Pho 100, on behalf
of Allee Real Estate, LP, submitted an application for a Conditional Use Permit (CUP) to
allow the on-site consumption of beer and wine within an existing 2,816 square-foot
restaurant with a 278 square-foot outdoor dining area, located at 525 Los Angeles
Avenue, Suites F & G (LA Spring Shopping Center) (Attachment 1). Pho 100 has been
a registered business with the City of Moorpark since October 2021.
Pursuant to Section 17.20.060.B.3.a of the Moorpark Municipal Code (MMC), a CUP is
required to allow 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 on-site consumption of beer and wine and other alcoholic beverages
and with or without outdoor seating if within 100 feet of a residentially zoned property.
The business is approximately five feet from the nearest residentially-zoned property,
thus requiring the CUP. An overview of the proposed on-site consumption of beer and
wine at the existing restaurant is provided in the Analysis Section of this report.
Item: 8.A.
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Honorable Planning Commission
06/22/2023 Special Meeting
Page 2
EXISTING AND SURROUNDING LAND USES
The existing restaurant (Pho 100) is located within Suites F & G, a 2,816 square-foot
indoor space with a 278 square-foot outdoor dining area within the LA Spring Shopping
Center. Access to the center is provided from either Spring Road to the west or Los
Angeles Avenue to the South. 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 Commercial Auto
(C-A)
Commercial Planned
Development (CPD)
LA Spring
Shopping Center
North Neighborhood High
(NH)
Residential Planned
Development
(RPD-15U)
Multi-Family
Dwellings
South Neighborhood
Commercial (NC)
Commercial Planned
Development (CPD)
Moorpark
Marketplace
Shopping Center
East Neighborhood High
(NH)
Residential Planned
Development
(RPD-15U)
Moorpark Pines
Apartments
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 Commercial Auto (C-A).
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 existing commercial restaurant and the proposed 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.
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Honorable Planning Commission
06/22/2023 Special Meeting
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Economic Development Element:
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.
Goal No. 3: Commercial and Industrial Uses: Thriving retail, office, and industrial
businesses that foster local economic prosperity.
ANALYSIS
General Discussion
The restaurant is currently located within a 2,816 square-foot indoor space with a 278
square-foot outdoor dining area (see Floor Plan, Attachment 3). To provide service of
alcohol outdoors, the applicant would keep the exterior gate to the outdoor dining area
attached and secured at all times to maintain an enclosed exterior dining area pursuant
to Condition of Approval No. 20 (Attachment 4). No changes to the floor plan are
proposed. The hours of operation are 11:30 a.m. to 3:00 p.m., closed from 3:00 p.m. to
4:00 p.m., and then re-opened from 4:00 p.m. to 9:00 p.m., Thursday through Tuesday.
The business is closed on Wednesdays. The restaurant has an estimated 12 employees,
with six to eight working per shift.
Beer and wine is proposed to be sold during regular business hours with last call occurring
at 8:30 p.m. Beer and wine storage would occur within refrigerators behind and adjacent
to the service area. Prior to being placed in the refrigerators, beer and wine would be
locked in the dry storage area to the rear of the business. An employee would be present
at all times within the service area to monitor the alcohol storage. Beer and wine would
not be served by anyone under the age of 18. Service of beer and wine would occur in
both the indoor and outdoor dining areas. Applicant would have a “no alcohol beyond
this point” sign located in the outdoor dining area.
View from parking lot toward proposed business.
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Honorable Planning Commission
06/22/2023 Special Meeting
Page 4
Concentration of Alcohol Uses
LA Spring shopping center currently has three tenants permitted to serve or sell alcohol
beverages. Rachada Thai Cuisine, Taqueria el Tapatio, and Mai Sushi Inc. (Sushi Planet)
have a Type 41 license (On-Sale Beer & Wine – Eating Place). The applicant is proposing
to apply for the Type 41 license.
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 76.11 before there is a presumption of undue concentration. There
are currently six Type 41 (On-Sale Beer & Wine – Eating Place), one Type 42 (On-Sale
Beer & wine – Public Premises), and one Type 47 (On-Sale General – Eating Place)
within Census Tract 76.11, 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 76.11. As a result, ABC will not issue a license unless
the applicant has obtained the necessary permit from the City, and local findings have
been made to establish the public convenience and necessity necessary to rebut the
presumption of undue concentration and allow the proposed sale of beer and wine.
A finding of public convenience and necessity is reasonable in this case, given that the
service of alcoholic beverages for on-premises consumption is an ancillary use to the
primary use of the building as a restaurant. Furthermore, the proposed concentration of
alcohol outlets within an existing commercial corridor is appropriate. The proposed use
is a restaurant within an existing shopping center. Shopping centers are intended to
house businesses that have the potential to sell and serve alcohol, which often results in
inadvertently causing undue concentration. Additionally, the same location received a
conditional use permit for beer and wine for on-site consumption on March 25, 2014, via
Resolution No. PC-2014-597, for No Curdinary Whey. That conditional use permit
expired, and this would provide the opportunity for the current restaurant to offer beer and
wine service in conjunction with food once more. Furthermore, the nearest residential
property is located approximately five feet from the rear of the existing restaurant and has
not resulted in any written or verbal concern from those nearby residences since the
distribution of the Notice of Public Hearing. The conditions of approval included in the
resolution 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.
Moorpark Police Department
The Moorpark Police Department has reviewed this application and has no concerns
regarding the proposed use.
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Honorable Planning Commission
06/22/2023 Special Meeting
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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: May 2, 2023
Date Application Determined Complete: June 12, 2023
Planning Commission Action Deadline: August 11, 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 beer and wine at an existing restaurant in an existing
shopping center. 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 June 11, 2023.
2.Mailing. The notice of the public hearing was mailed on June 8, 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. Two 32 square-foot signs were placed on the street frontages on June 10,
2023.
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Honorable Planning Commission
06/22/2023 Special Meeting
Page 6
ATTACHMENTS
1. Location and Aerial Maps
2.Existing Site Plan
3. Floor Plan
4.Draft Resolution with Conditions of Approval
6
Location Map - 525 Los Angeles Avenue, Suites F & G
PC ATTACHMENT 1
7
.1.
180
394 412 438 464 488 (ii 162
~ .,
:c 146
393 411 1 437 463 487
128
Esther Ave 11 2
394 412 438 464 484 86
70
393 411 437 463 487 52
) ~ I Sherman Ave
l"' l~ ~ 1~ 394 480 ~
E Los Angeles Ave
484
3M
1"=186ft
!B ::,. ::,
(Q
XI
Q.
~ :::,,
::,
(Q
501
el
E Los Angeles Ave
502
Conditional Use Permit
No. CD-CUP2023-0016
\__,_J
633
559
E Los Angeles Ave
510
06/02/2023
This map may represents a visu al display of rel at ed geograph ic in fo rm at ion. Data provid ed here on is not g uarant ee of actual fi eld conditions. To be sure of compl ete accuracy, pl ease cont act th e
responsibl e staff for most up-to-date inform ation .
Aerial Map - 525 Los Angeles Avenue, Suites F & G
8
1"=192ft Conditional Use Permit
No. CD·CUP-2023-0016 06/02/2023
This map may represents a vi sual display of related geograph ic information. Data provid ed here on is not g uarant ee of actual fie ld conditions. To be sure of compl ete accu racy, pl ease contact the
responsibl e staff for most up-to-date information.
PROJECT TEAM
PROJECT DESIGNER:
ROOERT MATOI.A / R.U. II9GNS
2205FlRST ST.SUITEIOO
9UIVAillY,U9J065
(P)(805)526-J916 (8(805)526-3996
I I I I I I I I I I I l,
'"-----------
PLUMBING/MECHANICAL/ELECTRICAL
All TRADE ENGINEERING & DE9GN
SHANE DENNISJJDO
O�L UCENII j C7D991
UEGNANICAL UCENII j UJ46J2
llEAST HllliSTREET
UOOlPARK, CA 93021
(P)(805)552-4000 (f)(805)JBIH551
N E W
� i L __ ;,�. -,J_ >•
LOS ANGELES AVENUE
ACCESSIBLE PATH OF TRAVEL
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ASSESSOR'S ID No:
LOT 9ZE: LOTNo.:
PROJECT DATA
PH0 100 rrPE (f CONSTRUCTIOO: V-B, fUllY SPRINKlIRED
i�Y�:.�.i�JOf,IIlfS AVi.. TOTAL AREA(rnSTt<G): 22,060 S.f,
512-0-180-110
97,TT6 S.f. (221 ACHES) �1�1 � l·!W ff
SUITES f & G (rnSTING): 2,816 S.f.
OOTOOOlS£ATING AR£A 27BSS.
rnsTING PARKING SPAIIS TOTAL EXISTING AC<ISSBI PARKltfG SPACIS:
rrPE: (f OCaJPANCY: A-2
OCOOPANT LOAD: ma£N AR£A
DINING AREA
OOIDOOlDINING
TOTAL
110 8
1,1!0 / 200 • 5.7
1,419 / 15 • !M.6
278£15 • 18.5
SCOPE OF WORK
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RESOLUTION NO. PC-2023-691
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT CD-CUP-2023-0016, TO ALLOW THE ON-SITE
CONSUMPTION OF BEER AND WINE WITHIN AN EXISTING 2,816
SQUARE-FOOT RESTAURANT AND 278 SQUARE-FOOT
OUTDOOR DINING AREA, LOCATED AT 525 LOS ANGELES
AVENUE, SUITES F & G (LA SPRING SHOPPING CENTER), AND
MAKING A DETERMINATION OF EXEMPTION PURSUANT TO
CALIFORNIA ENVIRONMENTAL QUALITY ACT IN CONNECTION
THEREWITH, ON THE APPLICATION OF RANDY HOANG FOR
HOANG & NGUYEN USA, LLC DBA PHO 100 (ON BEHALF OF
ALLEE REAL ESTATE, LP)
WHEREAS, on May 2, 2023, the Applicant submitted a request for Conditional Use
Permit CD-CUP-2023-0016 to allow the on-site consumption of beer and wine within an
existing 2,816 square-foot restaurant with a 278 square-foot outdoor dining area; and
WHEREAS, at a duly noticed public hearing on June 22, 2023, for
CUP No. CD-CUP-2023-0016, the Planning Commission considered
CUP No. CD-CUP-2023-0016, 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-2023-0016 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 the sale of beer
and wine 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), 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 4 11
Resolution No. PC-2023-691
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 commercial
auto 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 addition beer and wine at the existing restaurant 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 presumption of undue concentration has been rebutted by a preponderance
of evidence. The establishment is proposed within Census Tract 76.11, which has
a high concentration of alcohol uses because it contains shopping centers such as
LA Spring Shopping Center, Mission Bell Plaza and Moorpark Town Center, which
are intended to house businesses that have the potential to sell and serve alcohol.
12
Resolution No. PC-2023-691
Page 3
This often results in advertently causing undue concentration, however it can be
determined based on a preponderance of the evidence that the proposed use will
provide a public convenience and necessity in that the service of alcoholic
beverages for on-premises consumption is an ancillary use to the primary use of
the building as a restaurant. Furthermore, the proposed concentration of alcohol
outlets within an existing commercial corridor is appropriate. The proposed use is
a restaurant within an existing shopping center. Additionally, the same location
housed a restaurant that previously received a conditional use permit for beer and
wine for on-premises consumption. This conditional use permit would allow for the
previous beer and wine service in conjunction with food to be offered once more;
G. 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;
H. 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
I. 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-2023-0016 subject to the Conditions of
Approval found in Exhibit A attached.
13
Resolution No. PC-2023-691
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 22nd day of June 2023.
Kipp Landis
Chair
Carlene Saxton
Community Development Director
Exhibit A – Conditions of Approval
14
Resolution No. PC-2023-691
Page 1
EXHIBIT A
CITY OF MOORPARK CONDITIONS OF APPROVAL
Project Approval Date: June 22, 2023
Expiration Date: June 22, 2025
Location: 525 Los Angeles Avenue, Suites F & G
Entitlements: Conditional Use Permit No. CD-CUP-2023-0016
Project Description: Allow the On-Site Consumption of Beer and Wine within an
Existing 2,816 Square-Foot Restaurant with a 278 Square-Foot Outdoor Dining Area
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
15
Resolution No. PC-2023-691
Page 2
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]
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 sixty (60) calendar days after the
approval of this entitlement. [CDD]
Permit Specific Conditions – Conditional Use Permit
7. This Conditional Use Permit expires one (2) 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 (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]
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
16
Resolution No. PC-2023-691
Page 3
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.
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.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]
12.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]
13.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]
14.Areas inside the establishment open to the public must be illuminated sufficiently to
allow the identification of persons. [CDD]
15.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]
16.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]
17.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]
18.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]
19.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
17
Resolution No. PC-2023-691
Page 4
quantities as are reasonably necessary for Applicant’s operations in the leased
premises. [CDD]
20. Applicant shall keep exterior gate to the outdoor dining area attached and secured at
all times per Alcohol Beverage Control requirements. [CDD]
18