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HomeMy WebLinkAboutRES PC 2023 691A 2023 0622RESOLUTION NO. PC-2023-691A 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 a 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: Resolution No. PC-2023-691A 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. Resolution No. PC-2023-691A 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. Resolution No. PC-2023-691A Page 5 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 Resolution No. PC-2023-691A Page 6 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 two (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 conditional use 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 Resolution No. PC-2023-691A Page 7 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] Resolution No. PC-2023-691A Page 8 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 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] [END]