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Home My WebLink AboutAGENDA REPORT 2023 0926 PC ITEM 8ACITY OF MOORPARK, CALIFORNIA Planning Commission Meeting of September 26, 2023 Item: 8.A. ACTION: Approved Staff Recommendation, Including Adoption of Resolution No. PC-2023-701, as amended. BY: J. Lugo A. Consider Resolution No. PC-2023-701, Approving Conditional Use Permit CD- CUP-2023-0017 to Allow a Drive-Through Restaurant (The Habit Burger Grill) Within a Proposed 2,863 Square-Foot Suite with a 400 Square-Foot Outdoor Patio in an Existing 5,018 Square-Foot Commercial Building, Within an Existing Shopping Center, Located at 146 Los Angeles Avenue (Tuscany Square Shopping Center); and Making a Determination of Exemption Pursuant to California Environmental Quality Act in Connection Therewith, on the Application of Milan Capital Management Inc. Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; and 2) Adopt Resolution No. PC-2023-701 approving Conditional Use Permit CD CUP 2023-0017 and finding the project Exempt from the California Environmental Quality Act (CEQA). (Staff: Phil Neumann) Item: 8.A. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Philip Neumann, Associate Planner I DATE: 09/26/2023 Regular Meeting SUBJECT: Consider Resolution No. PC-2023-701, Approving Conditional Use Permit CD-CUP-2023-0017 to Allow a Drive-Through Restaurant (The Habit Burger Grill) Within a Proposed 2,863 Square-Foot Suite with a 400 Square-Foot Outdoor Patio in an Existing 5,018 Square-Foot Commercial Building, Within an Existing Shopping Center, Located at 146 Los Angeles Avenue (Tuscany Square Shopping Center); and Making a Determination of Exemption Pursuant to California Environmental Quality Act in Connection Therewith, on the Application of Milan Capital Management Inc. STAFF RECOMMENDATION 1.Open the public hearing, accept public testimony, and close the public hearing; and, 2.Adopt Resolution No. PC-2023-701 approving Conditional Use Permit CD-CUP-2023-0017 and finding the project Exempt from the California Environmental Quality Act (CEQA). PROJECT DESCRIPTION AND BACKGROUND On May 17, 2023, Milan Capital Management Inc. submitted a Conditional Use Permit (CUP) application to allow a drive-through restaurant (The Habit Burger Grill) in a proposed 2,863 square-foot suite within an existing 5,018 square-foot commercial building, and a 400 square-foot outdoor patio area, in an existing shopping center, located at 146 Los Angeles Avenue (Tuscany Square Shopping Center) (see Location and Aerial Maps, Attachment 1). The Tuscany Square Shopping Center includes businesses such as Theresa’s Country Feed & Pet, Anytime Fitness, Walgreens, Carrara Pastries, among others. Pursuant to Section 17.20.060.B.3.b. of the Moorpark Municipal Code (MMC), restaurants and similar establishments engaged primarily in the retail sale of prepared food for on-site Page 1 Honorable Planning Commission 09/26/2023 Regular Meeting Page 2 or off-site consumption with drive-in or drive-through facilities with or without outdoor seating requires a CUP in the Commercial Planned Development zone. The existing building is currently leased to Mechanics Bank and includes a small drive- through area that has been used for banking transactions. The lease is set to expire soon. EXISTING AND SURROUNDING LAND USES The proposed drive-through restaurant, The Habit Burger Grill, would be located within a proposed 2,863 square-foot commercial space and feature a 400 square-foot outdoor patio within the Tuscany Square Shopping Center. 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 Land Use Site Commercial Auto (C-A) Commercial Planned Development (CPD) Shopping Center North Mixed Use District (MUD) Mixed-Use District (MUD) Shopping Center South Neighborhood High (NH) Multifamily Residential (R-3) Multi-Family Dwellings East Neighborhood High (NH) Multifamily Residential (R-3) Multi-Family Dwellings West Commercial Auto (C-A) Commercial Planned Development (CPD) Shopping Center, Car Wash, Church General Plan and Zoning Consistency: The Commercial Auto (C-A) land use designation in the General Plan is intended to provide for a wide range of retail and service activities. The site is zoned Commercial Planned Development (CPD), which allows the proposed use when approved with a CUP. Both designations support the proposed commercial drive-through restaurant. The proposed use is consistent with the following goals and policies of the General Plan: Land Use Element Goal No. 10: Fair and Equitable: Fair and equitable access for all residents to employment, housing, parks, education, recreation, transportation, retail, and public services, including participation in governmental decision-making. 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. Page 2 Honorable Planning Commission 09/26/2023 Regular Meeting Page 3 Goal No. 14: Compatibility of New Commercial Uses: New commercial development that is compatible with surrounding land uses. 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 existing 5,018 square-foot building is intended to be divided into two units. The 2,863 square-foot southern unit would be occupied by the drive-through restaurant (The Habit Burger Grill). The applicant would also add a 400-square foot outdoor patio area (see Site Plan, Attachment 2). An additional tenant would occupy the second unit to the north within the same building. An expansion of the existing drive-through that has been used for a bank would eliminate 11 parking spaces and relocate the drive-through window slightly on the southern side of the building. The restaurant would accommodate seating for approximately 62 customers inside and 14 customers in the outdoor patio area. The hours of operation are proposed to be 10:00 a.m. to 10:30 p.m., daily. The estimated number of employees would be seven to ten per shift, with two shifts occurring daily. View from parking lot toward southeast corner of proposed restaurant drive-through. Page 3 Honorable Planning Commission 09/26/2023 Regular Meeting Page 4 Circulation: Pursuant to Section 17.32.080 of the MMC, there are specific code requirements for development of drive-through facilities specifically related to on-site circulation. As designed, the project complies with these requirements. Those requirements are as follows: • Each drive-through lane must be separated from the vehicular and pedestrian routes. • Each drive-through lane must be striped, marked, signed or otherwise distinctly delineated. • There must be at least an eight-car stacking capacity for the drive-through lane. Additional stacking may be required as part of the permit if warranted. The proposed drive-through complies with these requirements (see Site Plan, Attachment 2). Parking: In order to accommodate the proposed drive-through, 11 existing parking spaces are proposed to be removed. The City Code requires parking for this shopping center at a rate of one space per 250 square feet. The center currently exceeds the minimum parking requirements under the current Code standard by 65 spaces, with a total of 333 parking spaces. With the proposed removal of 11 spaces to accommodate the drive-through, a surplus of 54 spaces beyond the minimum number required by City Code is maintained. 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 of these regulations, the following timelines have been established for action on this project: Date Application Filed: May 17, 2023 Date Application Determined Complete: August 16, 2023 Planning Commission Action Deadline: October 16, 2023 Page 4 Honorable Planning Commission 09/26/2023 Regular Meeting Page 5 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 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 drive-through restaurant in an existing building with minor alterations to the space. 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 September 15, 2023. 2. Mailing. The notice of the public hearing was mailed on September 14, 2023, to owners of real property, as identified on the latest adjusted Ventura County Tax Assessor Roles, within one-thousand (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 September 15, 2023. ATTACHMENTS 1. Location and Aerial Maps 2. Proposed Site Plan 3. Proposed Floor Plan 4. Proposed Elevations 5. Draft Resolution with Conditions of Approval Page 5 Location Map - 146 Los Angeles Avenue PC ATTACHMENT 1 1985 1951 1917 1$3 1885 1877 1869 1861 1853 301 300 75 123 145 Pali< Ln s ~ ~ (/) 1" = 227 ft 256 252 239 W Los Angeles Ave Park Crest Ln 146 Los Ange les Avenue 144 Cond it i onal Us e Permi t No. CD ·CUP-2023-0017 140 ~ so 142 Park Crest Ln 09 /12/2023 96 80 60 50 20 a. !11 79 57 41 4 1 51 i 103 111 11 ~ 125 131 139 Moa nsongCt ( ~2111 o l 11 J i1 24I 13J 138 51 This map may represents a vi sual di splay of related geograph ic information. Data provid ed here on is not guarant ee of actual fi eld conditions. To be su re of complete accuracy, pleas e contact th e responsibl e staff for most up-to-date inform ation . Page 6 Aerial Map - 146 Los Angeles Avenue ll m 7. ' " ~ -;n 9 1"=215ft Cond it i onal Use Perm it CD-CUP-2023-0017 , -i • ' , a~rn 11 ,,, 'I ···--. 09/12/2023 This map may represents a vi sual display of related geograph ic information. Data provid ed here on is not guarant 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 inform ation. 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W: .................... _.._ll.__1,.,..._ llhlJMllh...._._11._~ •liolfllll',11*,a;-nlWl..,_l,.._.llnilll. ,_..., ........... ~ ....... ....U,J~---~-••~--.. ,llidild!lll..,. .... _.,_eriltilt•---··--/rlf-.ilM111ll""'lw-,•llojd ..... ..a.ldiooll'-l,_...,IIIIG1_., .. .._ -· ~ nOIM~~ ~!::OM { _;.a\ 1 1 80" MIN. AT WAJ..XWAY 6()" MIN. AT LANDSCAPE 0 0 () 0 ~ fF= ~m ~F :ii)> • ;;o ~ (j\ ~ \SI ~ ~ z () ' ® J □ .~ ffiz D TUSCANY SQUARE SHOPPING CENTER 146 LOS ANGELES AVENUE MOORPARK, CALIFORNIA PLAN :J ~ p MOOR ~ --------M I 3 I 5' ~I-I : 1~1 ~ □ <11 ! '> ~ Page 8 0 ~ "~"'"~='""'r'". ,"'~.'-!"'.N.;... __________ ~ ~ EB o~~~J~~ INTO EXISTING CONC. cc:u~~ i~~8c~E AC. PAVINGOV AGGREGATE 8'SE; SEE SITEPLAN. DRAWINGS. ~--·~1: ~--r'-!l. ~--_j =----r·.., i ------1-" i lO)r-------------+:--1---.l] ------+ I ------+ i 4 ------+ i 11 ' @-€.::::.; 9 ~ ~~~~~'"~P.~,E~,~~.o~L~l~Tl~O~N~P~LA"'""N.;._ ___ J1..J"1..J,_-----,50I (T'\ 0510152.025 CD POLYURETHANEBASE02 PARTE~= CONCRETE PAVING. SEE SITEPLAN. 0 NOTE LEGEND I EXISTIMG AC PAVING ANO PARKING STRIPING TO REMAIN. 2 EXISTING CONCRETE SWALE TO REMAIN. 3 EXISTING CONCRETE CURB TO REMAIN. 4 EXISTIMG CONCRETED WAll<WAY TO REW.IN. 5 EXISTING LANDSCAPING TO REMAIN. 6 EXISTING SITE LIGHTING TO REMAIN. 10 EXISTING COLUt.lN TO ~IN, TYPICAL II EXISTING SITE LIGHTING TO BE RELOCATED, SEE ELECTRICAL 12 ~{i1'~ ~~;.~ l~K TRASH ENCLOSURE TO REMAIN. C.-.TES TO BE 13 EXISTING CONCRETE CURB ANO/OR W,JJ<:,NAY TO BE REMOVED. 14 PORTION OF EXISTING N; PAVING TO BE REMOVED. SEE CIVIL Pl.AN. 16 EXISTING STRIPING ANO ACCESSIBLE PARKING SYMBOL TO BE REMOVED FROM NON COMPLIANT SPACES. 17 EXISTING ACCESSIBLE PARKING SIGN TO BE REMOVED. PATCH CONCRETE AS REQUIRED. 18 EXISTINGCURB&SIOEWAl..l(TOBEREt.lCM:DM..ONGWITHLANOSCAPEPLANTER FOR NEW CURB RAMP. SEE CIVIL Pl.AN. 22 ACCESSIBLE CONCRETE CURB RAMP. SEE DETAIL8/Al.3 23 FORMERLY LANDSCAPED AREA TO BE CONCRETE Wl>J..l<:t,/AY. MATCH EXISTING ADJUST COLOR/FINISH. SLOPE TO NO EXCEED :Z,, INN« DIRECTIOH. 24 ACCESSIBLEPARl<INGSIGNAGC..SEED£TAIL3/AI.I 25 ACCESSIBLE PERPENDICULAR CONCRETE RAMP. SEE DETAIL 7 /AL3. 26 WROUGHT IRON FENCE TO MATCH EXISTING. 2B CONCRETEPAVINGORIVE-THRULANE.SEECIVILORAWINGS. 30 ORIVE-THRU WINOOW/COUNTER. SEE FLOOR Pl.AN. 31 4"x4" INTERNATIONAL SYMBOL OF ACCESSIBILllY ADJACENT TO COOR. 32 INFILL Pl.ANTER SO AS TO CREATE A 4'-0'' WIDE WMJ<:t,iAY t.lEASURED FROM NEW WROUGHT IRON PATIO FENCE. ADJUST IRRl°'TION AS NEEOEO, SEE CIVIL ANO LANDSCAPE DRAWINGS. TYPICAL. AT 3 LOCATIONS. 33 REt.lCM: PORTION OF WAU(WAY AND RE-POUR WITH LESS THAN :Z,, CROSS SLOPE. =-H ADJACENT CONCRETE COLOR ANO FINISH. SEE CIVIL PLAN FOR EXTENT OF 34 ~~~~U~~BAR BY OWNER TO BEUNOER SEPARATE PERMIT. FOR 35 ~~~U~CE SIGN BY OWNER TO BE UNDER SEPARATE PERMIT.FOR 36 ~~L'6~U~~-MENU BOARD BY OWNER TO BE UNDER SEPARATE PERMIT. FOR 37 ORIVE-THRU MENU BOARD WITH WEATHER CANOPY BY OWNER TO BE UNDER SEPARATE PERt.llT. FOR REFERENCE ONLY. 38 DRIVE-THRUVEHICLEOETECTION LOOP. 39 DRIVE-TH RU EXIT SIGN BY OWNER TO BE UNDER SEPARATE PERt.llT. FOR REFERENCE ONLY. 40 APPROXlt.lATEDRIVE-THRU LENGTH: 245'-0" □ ,,, w ... c( <.> 0 ,,, ,,, c( .. z w ~ ~ :, : "' ~ ~.r.~ (/) ..c:<='-: ~~i □ N C, z c ...I 5 ai Page 9 48x7248x7248x7224x3042x3024x3048x7848x7870"24"36"5T36"24"5T48"24"4T48"24"4T48"24"4T48"24"4T24"36"4T48"24"4T48"24"4T24"36"4T48"24"4T48"24"4T48"24"4T48"24"4T24"48"5T 47"24"48"5T24"48"5T38"48"49"4212"38"18"48"5T18"24"5T18"24"5T18"48"5T24"36"5T 24"48"5T3612"5412"6512"79"62'-4""47'-1""79"KITCHEN/ B.O.H. = 1,045 SFRESTROOMS/HALL = 176 SFDINING = 1,284 SFENTRANCEENTRANCECLEANINGOFFICEPREPCOOKINGDRIVE THRUORDERINGGENDERNEUTRALRESTROOMGENDERNEUTRALRESTROOMGENDERNEUTRALRESTROOMDININGPATIO = 400 SFS H E E TTF-2FLOOR PLAN6/23/20231SCHEMATIC1/4"=1'-0"Project Number: 22-737Plan Check Number:146 LOS ANGELES AVE.MOORPARK, CA 93021--SHELVING STORAGEBUILDING DATASQUARE FOOTAGE BREAKDOWN:KITCHEN/ B.O.H. = 1,045 SFDINING= 1,284 SFRESTROOMS/HALL = 176 SFTOTAL INTERIOR: 2,505 SFSTANDARD FLOOR SHELVING:2'-0" DEEP = 23.0 LF+1'-6" DEEP = 12.0LFTOTAL = 33.0 LFOVERHEAD STORAGE SHELVING:(MOUNTED 7'-0" HIGH)15" DEEP = 15 LFSEATING & TABLE COUNTS:INTERIOR:SEAT COUNT TABLE COUNT62 17EXTERIOR PATIO:SEAT COUNT TABLE COUNT14 6EXTERIOR PATIO: 411 SF± min (BLDG. PERIMETER: 2,885 SF)Lingle Design Group inc158 West Main StreetLena, IL 61048815.369.91551764 blake stdenver, CO 80202303.974.5873www.lingledesign.comPC ATTACHMENT 3DG1Tum [lll!]lll@rnlll@lllll\ll, Page 10 PC ATTACHMENT 4qi qi qi .;;;;E;..;.XTE~R;;..;;1O..;..R;..;E;;;;;L;;;;.EV-'-'A-'-T'""IO;;.;.N.;.;..: .;.;N.;;..OR~T;.;.H;..._ ____ ___,/~ SC.ALE 1/f,' ' l'-0' 5 IO 20 DRI~ U~ 1-'llNDOl"l EXTERIOR ELEVATION: SOUTH ~ SC.ALE l/e, '1-0 o 5 10 20 9 ------------------------------+-~~== qi 9 ~ ~ ~ ' I ..,.~-:,.,.T,,,,1~?,..,""",~.,..~TE_R_IO_R_E_L_EV_A_T_I_O_N_: _EA_S_T ___________________ ~~ 10 20 _E_XTE_R_IO_R_E_L_EV_A_T_IO_N_,_l"lE_ST ___________________ ~~ SC.ALE 1/8' ' l'-0' o 5 10 20 Q NOTE LEGEND I EXISTING STOREFRONT TO REW.IN, TYPICAL 2 EXISTING DOOR TO REMAIN, TYPICAL UNLESS NOTED OTHERWISE. 3 EXISTING Pl.ASTER FINISH TO REMAIN, lYPICAL 4 EXISTING STONE VENEER TO REt.lAIN, TYPICAL 5 EXISTING WALL MOUNTED LIGHT FIXTURE TO REMAIN, TYPICAL 6 EXISTING PLANTER TO REMAIN, 7 EXISTING EXTERIOR COLUMN/COLUMN COVER TO REMAIN, TYPICAL 8 EXISTING CORNICE TO REW.IN. 9 EXISTING TILE ROOFING TO REW.IN. 10 CONTAACTOR TO VERIFY EXISTING STOREl'AONT DOORS HAVE NJA COMPLIANT PANIC HARDWARE. II EXISTING STORErRONT DOORS. 12 ~~~~RU WINDOW/COUNTER. PATCH ANO REPAIR ADJACENT STUCCO AS 13 WROUGHT IRON RAILING TO W.TCH EXISTING RAILING. CENTERED ON EXISTING COLUMN AS SHOWN. 14 4"~4" INTER~TIOHAL SYM90L OF ACCESSIBILllY ADJACENT TO DOOR. 15 LOCATION Of' EXISTING OPENINGS FOR BANK WINDOW AND DRA'tlr'ER. INFILL AND MATCHADJACENTSTONEANOPLASTER. I6LOCATIONOF'EXISTINGATMTO~IN. 11 ~~W~J:u~~E BAR BY OWNER TO BE uNOER SEPARAT£ PERMIT. roR Ia :~=~L~IGNAGE BY OWNER TO BE uNOER SEPARAT£ PERt.1I1. rOR 19 fUTURESIGNAGE.rORREf'ERENCEONLY. 20 ORIVE-THRU ENTRANCE SIGN BY OWNER TO BE UNOER SEPARATE PERMIT. roR REFERENCE ONLY. 21 ORIVE-THRU PRE MENU BOARO BY OWNER TO BEUNOER SEP.W.T£PERMIT. roR REf"ERENCEONLY. 22 ORIVE-THRU MENU BOAAO BY OWNER TO BE UNOER SEPARAT£ PERMIT. rQR REFERENCE ONLY. GENERAL NOTES A.. ALL rlNISHESANO PAINT COLOR ARE EXISTING TO REW.IN UNLESS NOTEO OTHERWISE. ANY PATCH/PAINT WORK SHALL W.TCH EXISTING UNLESS NOTED OTHERWISE. □ U) w .... .. (.) 0 U) U) .. □ z 0 ~ w a: 0 ii: ~ C'II C, z c ..J 5 m Page 11 RESOLUTION NO. PC-2023-701 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT CD-CUP-2023-0017, A REQUEST TO ALLOW A DRIVE-THROUGH RESTRAURANT (THE HABIT BURGER GRILL) WITHIN A PROPOSED 2,863 SQUARE-FOOT SUITE WITH A 400 SQUARE-FOOT OUTDOOR PATIO IN AN EXISTING 5,018 SQUARE-FOOT COMMERCIAL BUILDING, WITHIN AN EXISTING SHOPPING CENTER, LOCATED AT 146 LOS ANGELES AVENUE; AND, MAKING A DETERMINATION OF EXEMPTION UNDER CEQA IN CONNECTION THEREWITH, ON THE APPLICATION OF MILAN CAPITAL MANAGEMENT, INC. WHEREAS, on May 17, 2023, an application for Conditional Use Permit (CUP) CD-CUP-2023-0017 was filed by, Milan Capital Management Inc., to allow a drive-through restaurant (The Habit Burger Grill) within a proposed 2,863 square-foot suite with a 400 square-foot outdoor patio in an existing 5,018 square-foot commercial building, within an existing shopping center located at 146 Los Angeles Avenue (Tuscany Square Shopping Center); and WHEREAS, at duly noticed public hearings on September 26, 2023, the Planning Commission considered CD-CUP-2023-0017; and WHEREAS, at its meeting of September 26, 2023, the Planning Commission opened the public hearing and took and considered public testimony both for and against the proposal; considered the agenda report and any supplements thereto and written public comments; closed the public hearing and reached a decision on this matter; and WHEREAS, the Planning Commission concurs with the Community Development Director’s determination that this project is Categorically Exempt from the provisions of CEQA pursuant to Section 15301 as a Class 1 exemption applicable to existing facilities. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Community Development Staff has determined the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City’s CEQA Guidelines. The project qualifies under the Class 1 exemption under State CEQA Guidelines Section 15301, Class 1 (existing facilities) because CUP CD-CUP-2023-0017 and related approvals allow for minor modifications to an existing, developed site associated with the operation of a drive-through restaurant. The Planning Commission has reviewed the Community Development Department’s determination of exemption, and based on its own independent judgment, concurs in staff’s determination of exemption. PC ATTACHMENT 5 Page 12 Resolution No. PC-2023-701 Page 2 SECTION 3. 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: A.The proposed use is consistent with the provisions of the general plan, zoning ordinance, and any other applicable regulations as outlined in the Agenda Report, including consistency with General Plan Land Use Element Goal Nos. 10, 13, 14, Economic Development Element Goals Nos. 1 and 3, and conformance with the applicable standards of the Zoning Ordinance; B.The proposed use, as conditioned, is compatible with both existing and permitted land uses in the surrounding area in that the use does not conflict with and supports those existing uses within the shopping center. C.The proposed use as conditioned is compatible with the scale, visual character, and design of surrounding properties in that the existing building was architecturally designed in a manner consistent with the existing shopping center and development within the vicinity; 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 proposed regarding the operation, design, parking, and circulation associated with the proposed use; E.The proposed use as conditioned would not be detrimental to the public health, safety, convenience, or welfare in that the operation of this facility is compatible with the surrounding commercial uses due to conditions that have been imposed regarding operation, design, parking, and circulation associated with the proposed use. SECTION 4. PLANNING COMMISSION APPROVAL: The Planning Commission herby approves Conditional Use Permit CD-CUP-2023-0017 subject to the Standard and Special Conditions of Approval included in Exhibit A attached herewith. Page 13 Resolution No. PC-2023-701 Page 3 SECTION 5. 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: ABSTAIN: ABSENT: PASSED, AND ADOPTED this 26th day of September, 2023. Kipp Landis Chair Carlene Saxton, AICP Community Development Director Exhibit A –Conditions of Approval Page 14 Resolution No. PC-2023-701 Page 4 EXHIBIT A CITY OF MOORPARK CONDITIONS OF APPROVAL Project Approval Date: September 26, 2023 Expiration Date: September 26, 2025 Location: 146 Los Angeles Avenue Entitlements: Conditional Use Permit No. CD-CUP-2023-0017 Project Description: Allow a Drive-Through Restaurant (The Habit Burger Grill) Within a Proposed 2,863 Square-Foot Suite with a 400 Square-Foot Outdoor Patio in an Existing 5,018 Square-Foot Commercial Building, Within an Existing Shopping Center (Tuscany Square Shopping Center) 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 Page 15 Resolution No. PC-2023-701 Page 5 City or any of its agencies, departments, commissions, agents, officers, or employees concerning this entitlement approval, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37 or other sections of state law as applicable and any provision amendatory or supplementary thereto. The City will promptly notify the applicant of any such claim, action or proceeding, and, if the City should fail to do so or should fail to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. a.The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur: i.The City bears its own attorney fees and costs; ii.The City defends the claim, action or proceeding in good faith. b.The applicant shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the applicant. The applicant's obligations under this condition shall apply regardless of whether a 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 a building permit or zoning clearance for occupancy has been issued for this use. The Page 16 Resolution No. PC-2023-701 Page 6 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] 8.All necessary building permits must be obtained from the Building and Safety Department. [CDD] 9.The applicant shall obtain a Tree Removal Permit prior to removal of any existing trees. [CDD] 10.If applicant will be engaging in retail sales, applicant must provide: 1) a copy of their valid Seller’s Permit issued by the State Board of Equalization; and 2) a letter, on business letterhead, certifying that all retail sales generated will be properly reported to the State Board of Equalization as occurring within the City of Moorpark. [CDD] 11.A separate sign permit application is required for all proposed signs, which are subject to the review and approval of the Community Development Director. 12.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] 13.Areas inside the establishment open to the public must be illuminated sufficiently to allow the identification of persons. [CDD] 14.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] 15.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] Page 17 Resolution No. PC-2023-701 Page 7 16.Hours of operation shall occur no earlier than 6:00 a.m. and no later than 10:30 p.m. [CDD] 17.Prior to issuance of a building permit or demolition permit, applicant must submit a Construction and Demolition Materials Management Plan (www.moorparkca.gov/CDplan) to the Solid Waste Division for review and approval pursuant to Chapter 8-36 of the Moorpark Municipal Code. Prior to issuance of a certificate of occupancy by the Building Division, applicant must submit all documentation required by the Construction and Demolition Materials Management Plan and Moorpark Municipal Code to the Solid Waste Division to verify compliance with each. [SW] 18.The applicant and any successors, heirs, and assigns must maintain solid waste service as required by Chapter 8-36 of the Moorpark Municipal Code using a franchised waste hauler approved by the City of Moorpark, unless otherwise approved in writing by the Solid Waste Division as authorized by Chapter 8-36 of the Moorpark Municipal Code. [SW] 19.All refuse, recycling, and organics bins shall be maintained in enclosures screened with solid walls and decorative gates that have cane poles and open at least 120 degrees for waste hauler access and must be covered with roofs designed to keep stormwater out of the enclosures, allow for bin doors to be fully opened, and prevent residents from throwing refuse or recyclables into the enclosures, to the satisfaction of the Community Development Director and City’s Solid Waste Coordinator. [SW] 20.Applicant shall provide the Moorpark Police Department with a security plan for review and approval prior to occupancy. [MPD] 21.Applicant shall ensure the trash enclosure is locked/secured when not in use. [MPD] 22.Applicant shall provide Ventura County Fire Department a deferred submittal for the fire protection system and occupancy review if the new tenant space is above 50 occupants. [VCFD] [END] Page 18