HomeMy WebLinkAboutAGENDA REPORT 2023 1024 REG PC ITEM 08BCITY OF MOORPARK, CALIFORNIA
Planning Commission Meeting
of October 24, 2023 Item: 8.B.
ACTION: Approved Staff Recommendation,
Including Adoption of Resolution
No. PC-2023-702.
BY: J. Lugo
A. Consider Resolution No. PC-2023-702 Approving Conditional Use Permit CD-
CUP-2023-0018 to Allow the Operation of a Restaurant (Freda’s) Within a 1,650
Square-Foot Suite with Associated Outdoor Seating and the Service of Beer, Wine
and Liquor for On-Site Consumption, and Live Music Entertainment within an
Existing Multi-Tenant Building Located at 233 E. High Street and Making a
Determination of Exemption Pursuant to the California Environmental Quality Act
in Connection Therewith, on the Application of Phil Adler for Groff Equity
Management. Staff Recommendation: 1) Open the public hearing, accept public
testimony, and close the public hearing; and 2) Adopt Resolution No. PC-2023-
702 approving Conditional Use Permit CD-CUP-2023-0018, subject to certain
findings and conditions. (Staff: Sara Durghalli)
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: Sara Durghalli, Assistant Planner
DATE: 10/24/23 Regular Meeting
SUBJECT: Consider Resolution No. PC-2023-702 Approving Conditional Use
Permit CD-CUP-2023-0018 to Allow the Operation of a Restaurant
(Freda’s) Within a 1,650 Square-Foot Suite with Associated Outdoor
Seating and the Service of Beer, Wine and Liquor for On-Site
Consumption, and Live Music Entertainment within an Existing Multi-
Tenant Building Located at 233 E. High Street and Making a
Determination of Exemption Pursuant to the California Environmental
Quality Act in Connection Therewith, on the Application of Phil Adler
for Groff Equity Management
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the public hearing; and
2. Adopt Resolution No. 2023-702 approving Conditional Use Permit CD-CUP-2023-
0018, subject to certain findings and conditions.
PROJECT DESCRIPTION
On September 8, 2023, Phil Adler (for Groff Equity Management) submitted an application
for a Conditional Use Permit (CUP) to allow the operation of a restaurant (Freda’s) within
a 1,650 square-foot suite with associated outdoor seating with the service of beer, wine
and liquor for on-site consumption, and live music entertainment within an existing multi-
tenant commercial building, located at 233 E. High Street (within the Downtown Specific
Plan area).
The Zoning Ordinance requires a CUP to allow a restaurant (with or without alcoholic
beverage service) within 100 feet of a residentially-zoned property. The subject site is
immediately adjacent to residentially-zoned property on Charles Street. The applicant
will also apply with the State of California Department of Alcohol Beverage Control (ABC)
for a Type 47 License, which would allow the sale of beer, wine, and liquor for
Item: 8.B.
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consumption on the premises in conjunction with a dining establishment. It will also allow
for the sale of distilled spirits in manufacturer-sealed containers for off-site consumption,
and the sale of distilled spirits and single-serve wine that are not in manufacturer-sealed
containers subject to specific provisions outlined in statute SB-389.
EXISTING AND SURROUNDING LAND USES
The existing 15,000 square-foot lot is developed with a 5,880 square-foot, two-story
commercial building with associated site improvements, located at the northeast corner
of High Street and Bard Street. Building permit records date back to 1982, when the
building was first developed on the lot. The building is divided into three tenant spaces,
including a 1,650 square-foot unit on the first floor where the proposed restaurant would
be located. The remaining tenant spaces are currently occupied by Insurance Brokers
West, Inc and My High Street Office. The tenant space proposed for use by the restaurant
is currently vacant.
The property is located within the Downtown Specific Plan. The surrounding area
includes a mix of commercial and residential uses, including single-family residences,
restaurants, the Ventura County Fire Station, as well as the High Street Depot
development currently under construction. The following table identifies the General
Plan, zoning, and existing land uses on the subject property and in the vicinity:
Location General Plan Zoning Existing Land Use
Project Site
Downtown Specific
Plan (SP-D)
Mixed-Use Medium
(MUM)
Multi-Tenant
Commercial Building
North
Downtown Specific
Plan (SP-D)
Single Family
Residential (R-1) Vacant
South
Downtown Specific
Plan (SP-D)
Mixed-Use Medium
(MUM)
Future Development
(High Street Depot)
East
Downtown Specific
Plan (SP-D)
Mixed-Use Medium
(MUM)
Restaurant (M on High
Street)
West
Downtown Specific
Plan (SP-D)
Mixed-Use Medium
(MUM)
Single-Family Home
and Vacant
General Plan and Zoning Consistency
The General Plan designates the subject property as Downtown Specific Plan, which
“envisions transforming Downtown Moorpark into a vibrant commercial and residential
destination in the heart of the city.” It also falls within the Mixed-Use Medium (MUM)
zoning designation, which intends for an integrated mix of commercial, office and/or
housing uses. The proposed restaurant use is consistent with the following General Plan
goals and policies: General Plan Land Use Element Goal No. 9: Health and Wellness;
General Plan Land Use Element Goal No. 13: Maintain and Enhance Commercial Areas;
General Plan Land Use Element Goal No. 15: Mixed Use Districts and Corridors; General
Plan Economic Development Goal No. 1: Robust Local Economy; General Plan
Economic Development Goal No. 3: Commercial and Industrial Uses, and the Downtown
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Specific Plan’s purpose “to create a viable central business core” by “establishing a
variety of uses that address community needs”.
In line with these goals and objectives, the proposed restaurant’s operation, including the
sale of alcohol, is consistent with both plans’ intended objectives in that such an
establishment not only contributes to the economic vitality of the downtown area but also
enhances its appeal as a social and cultural hub. Moreover, the inclusion of a restaurant
with alcohol service supports responsible alcohol regulations, and meets the community's
needs for diverse dining options and social gathering spaces. The proposed use
contributes to a well-rounded urban environment that accommodates the desires and
preferences of the local population. Furthermore, the proposed restaurant will occupy a
currently vacant commercial space within the building, enhancing the use of the property.
This will introduce employment opportunities for the local workforce and infuse a sense
of activity among pedestrians.
Therefore, the proposed restaurant, including entertainment and the service of beer, wine,
and liquor, complies with the applicable requirements of the General Plan, zoning
ordinance, and all relevant regulations, as it falls within the allowable activities and goals
for both the Mixed-Use Medium (MUM) zone and the Downtown Specific Plan area.
ANALYSIS
General Discussion
Freda’s would employ 40 to 50 people, with an estimated 10 employees during each shift.
The restaurant is proposed to be open for brunch, lunch, and dinner service and may
accommodate occasional special events. Proposed hours of operation are 9:00 a.m –
10:00 p.m, though the actual operating hours may vary within that timeframe. Alcohol is
proposed to be available during these hours.
The proposed layout provides seating for approximately 50 customers indoors within the
1,650 square-foot restaurant. Seating for an additional 46 customers is proposed
outdoors within 690 square feet of outdoor dining on the patio and porch. All proposed
construction would occur within the walls of the existing building, no additions are
proposed. A small portion of the dining area inside the building, the patio, and porch may
be utilized for occasional live entertainment. Future dining areas within the public right-
of-way are not approved as part of this CUP. Conditions of approval have been added to
address future proposals within the public right-of-way.
Permitted Hours of Operation for Existing Restaurants with Alcohol Sales and Indoor
Entertainment
Three existing restaurants on High Street are permitted to serve alcohol with indoor
entertainment and the proposed hours of operation are consistent with other nearby
restaurants. The following table outlines the proposed hours of operation and those of
existing restaurants on High Street as well as the proposed use.
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Business Open Hours of
Business
Permitted
Operating Hours
of Restaurant
Hours of Permitted
Alcohol Sales
Lucky Fools
Pub
11:00 a.m. to midnight,
Monday through Friday
9:00 a.m. to midnight,
Saturday
9:00 a.m. to 10:00 p.m.,
Sunday
6:00 a.m. to
2:00 a.m., daily
7:00 a.m. to midnight,
Sunday through
Thursday
7:00 a.m. to 1:00 a.m.,
Friday and Saturday
Luna Llena
Closed Monday
9:00a.m.to 9:00 p.m.,
Tuesday through
Thursday
8:00 a.m. to 9:00 p.m.,
Friday through Sunday
10:00 a.m.
to midnight, daily
10:00 a.m. to midnight,
daily
M on High
6:00 a.m. to 2:00 a.m.,
daily
6:00 a.m. to
2:00 a.m., daily
7:00 a.m. to midnight,
Sunday through
Thursday
7:00 a.m. to 1:00 a.m.,
Friday and Saturday
Freda’s
(Proposed)
9:00 a.m. to 10:00 p.m.,
daily
Not regulated by
CUP
Not regulated by CUP,
regulated by ABC
Alcohol Concentration
The subject property is located within Census Tract 76.13. This Tract currently includes
a total of one theater, and eight restaurants that sell alcoholic beverages for on-site
consumption. Natural Café, Wingstop, Luv ‘N Eat Thai Cuisine Moorpark, Chipotle
Mexican Grill, Magma Pizzeria, and Luna Llena Cafe operate pursuant to a Type 41
License (On Sale Beer & Wine – Eating Place - Restaurant) issued by the ABC. M On
High, and Lucky Fools Pub operates pursuant to a Type 47 License (On Sale General for
Bona Fide Public Eating Place Restaurant) and the High Street Arts Center holds a Type
64 License (Special On-sale General Theater).
The applicant is proposing to operate with a Type 47 License (On Sale General for Bona
Fide Public Eating Place Restaurant). The Type 47 License authorizes the sale of beer,
wine and liquor for consumption on the premises where sold and the sale of alcohol in
sealed containers for take-out. The establishment must operate and be maintained as a
bona fide eating place and minors are allowed on the premises.
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The City does not have an established local standard for undue concentration and
therefore follows the ABC’s guidelines. The ABC will not issue a license unless the
applicant has obtained the necessary permit from the City. In its analysis, the ABC
measures the number of businesses selling alcoholic beverages by census tract. This
comparison is made in order to identify a target number of establishments based on
population. If a census tract would exceed the target number of establishments, then
special findings of public convenience and necessity must be made by the local
jurisdiction in order for an ABC permit to be issued.
ABC uses population data provided by the Department of Finance to calculate the number
of licenses given per census tract. As mentioned above, the project site is located in
Census Tract 76.13. ABC allows a total of five licenses for on-site consumption in this
tract without meeting the definition of overconcentration. Census Tract 76.13 has nine
existing on-site licenses in addition to the proposed license. Although the technical
definition of overconcentration would be met with this new license, this census tract is
large and includes a significant proportion of Moorpark’s commercial shopping areas,
including The Village at Moorpark, Moorpark Marketplace, and all of High Street. Because
of the abundance of commercial land in this census tract, it is reasonable that Tract 76.13
includes more restaurants with alcoholic beverage service than census tracts that do not
include large areas of commercially zoned land. In addition, approximately half of the
census tract is open space, which further lowers the population upon which the number
of permits is based. Considering these conditions, staff recommends a finding of public
convenience and necessity included in the Draft Resolution (Attachment 4).
Live Entertainment
The applicant is proposing one indoor and two outdoor areas for live and pre-recorded
entertainment. The entertainment will be amplified with speakers, during business hours,
in the dining area, patio, and porch. During these times, portions of the seating area may
be rearranged to accommodate musicians for live entertainment. The draft resolution
(Attachment 4) includes conditions of approval limiting live entertainment outdoors to
conclude at 10:00 p.m., with the exception of hours being expanded for special events
with the issuance of a Temporary Use Permit. Entertainment must also comply with the
City Noise Ordinance in Section 17.53 of the Municipal Code (MMC). Beyond that, the
Community Development Director may further restrict noise levels in response to
community complaints. With the inclusion of this condition, Staff has no concerns
regarding the proposed entertainment.
Police Department Review
The Police Department has reviewed the application and provided conditions of approval
to address any potential concerns regarding the operation.
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
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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.
Pursuant to Section 15301 (Class 1:Existing Facilities) of the CEQA Guidelines, projects
involving the leasing, licensing, and minor alteration of existing facilities are categorically
exempt from environmental review. The project proposes live music entertainment within
an existing commercial building associated with the proposed licensing and operation of
a restaurant serving beer, wine and liquor for on-site consumption. The proposed use is
consistent with the General Plan and zoning regulations applicable to the subject
property. Therefore, the Director has determined that the proposed project is
categorically exempt from environmental review, in accordance with Section 15301 of the
CEQA Guidelines. No further environmental documentation is required.
PROCESSING TIME LIMITS
Time limits have been established for the processing of development projects pursuant
to 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 Submitted: September 8, 2023
Date Application Determined Complete: October 4th, 2023
Planning Commission Action Deadline: December 27, 2023
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 October 13, 2023.
2. Mailing. The notice of the public hearing was mailed on October 12, 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 subject
to the hearing.
3. Sign. One 32 square-foot sign was placed on the street frontage on October 10,
2023.
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ATTACHMENTS
Attachment 1: Site Plan
Attachment 2: Aerial Map
Attachment 3: Floor Plan
Attachment 4: Draft Resolution with Conditions of Approval
8
9PC ATTACHMENT 1
Aerial Map - 233 E. High St.
10PC ATTACHMENT 2
"SFBXJUIJO$JUZSJHIUPGXBZ IJHIMJHIUFEJOSFE
JTOPUBQQSPWFEBTQBSUPG$POEJUJPOBM6TF1FSNJU$%$6111PC ATTACHMENT 3
RESOLUTION NO. PC-2023-702
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT
CD-CUP-2023-0018 TO ALLOW THE OPERATION OF A RESTAURANT
(FREDA’S) WITHIN A 1,650 SQUARE-FOOT SUITE WITH ASSOCIATED
OUTDOOR SEATING AND THE SERVICE OF BEER, WINE, AND
LIQUOR FOR ON-SITE CONSUMPTION, AND LIVE MUSIC
ENTERTAINMENT WITHIN AN EXISTING MULTI-TENANT
COMMERCIAL BUILDING LOCATED AT 233 E. HIGH STREET AND
MAKING A DETERMINATION OF EXEMPTION PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT IN CONNECTION
THEREWITH, ON THE APPLICATION OF PHIL ADLER FOR GROFF
EQUITY MANAGEMENT.
WHEREAS, on September 8, 2023, an application was filed by Phil Adler on behalf
of Groff Equity Management for a Conditional Use Permit (CUP) CD-CUP-2023-0018 to
allow the operation of a restaurant (Freda's) within a 1,650 square-foot suite with
associated outdoor seating and the service of beer, wine, and liquor for on-site
consumption, and live music entertainment within an existing multi-tenant commercial
building located at 233 E. High Street; and
WHEREAS, at a duly noticed public hearing on October 24, 2023, the Planning
Commission considered CUP CD-CUP-2023-0018, including the agenda report and any
supplements thereto and written public comments; opened the public hearing and took
and considered public testimony both for and against the proposal; and
WHEREAS, the Community Development Director has determined that CUP CD-
CUP-2023-0015 is categorically exempt from the provisions of the California
Environmental Quality Act (CEQA) pursuant to Section 15301 (Class 1: Existing Facilities)
of the CEQA Guidelines.
NOW, THEREFORE, THE CITY COUNCIL 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, projects involving the leasing, licensing, and minor alteration of
existing facilities are categorically exempt from environmental review. The project
proposes live music entertainment within an existing commercial building associated with
the proposed licensing and operation of a restaurant serving beer, wine and liquor for on-
site consumption. Therefore, no further environmental documentation is needed.
12PC ATTACHMENT 4
Resolution No. PC-2023-702
Page 2
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:
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 Mixed-Use Medium (MUM) zone and the Downtown Specific Plan
area. The proposed use is also consistent, with General Plan Land Use Element
Goal No. 9: Health and Wellness: Land use development practices and programs
that contribute to healthy lives for Moorpark’s residents and General Plan Land
Use Element Goal No. 13: Maintain and Enhance Commercial Areas: Vital, active,
prosperous and well-designed commercial centers and corridors that offer a
diversity of goods, services, and entertainment and contribute a positive
experience for Moorpark’s residents and visitors. Additionally, the proposed use is
consistent with General Plan Economic Development Goal No. 1: Robust Local
Economy: A self-sustaining, innovative, and resilient local economy that provides
goods and services desired by local residents, attracts regional consumer
spending, and contributes to Moorpark’s premier quality of life and General Plan
Economic Development Goal No. 3: Commercial and Industrial Uses: Thriving
retail, office, and industrial businesses that foster local economic prosperity.
B. The proposed use is compatible with both existing and permitted land uses in the
surrounding area in that the proposed restaurant with the service of beer, wine and
liquor along with live music entertainment would provide an additional
commercial/retail option for consumers within Downtown Moorpark.
C. The proposed use is compatible with the scale, visual character, and design of
surrounding properties in that there will be no expansion to 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
minimize noise levels and ensure the sale and service of alcohol is conducted in a
manner which will not result in obnoxious or harmful behavior.
E. The proposed use would not be detrimental to the public health, safety,
convenience, or welfare in that conditions of approval have been included to
ensure the playing of live and pre-recorded entertainment and sale and service of
alcohol is conducted in a manner which will not be detrimental to public health,
safety, convenience, or welfare.
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Resolution No. PC-2023-702
Page 3
Additional Findings for Establishments Selling Alcoholic Beverages:
F. The California Department of Alcoholic Beverage Control (ABC) allows for a total
of five licenses for on-site consumption within Census Tract 76.13 before there is
a presumption of undue concentration. There are currently six Type 41 (On-Sale
Beer & Wine – Eating Place), two Type 47 (On-Sale General – Eating Place), and
one Type 64 (Special On-sale General Theater) licenses within Tract 76.13. Based
on this context, Census Tract 76.13 exceeds the ABC target number of
establishments selling alcoholic beverages for on-site consumption, however, this
census tract includes a number of commercial shopping centers and Moorpark's
Downtown corridor, where such uses are expected. The proposed use under this
Conditional Use Permit would not result in a detrimental overconcentration of
establishments serving alcoholic beverages for on-site consumption in the area,
as these sales will be ancillary to the service of food from this restaurant and
subject to conditions of approval intended to minimize potential policing issues;
G. The proposed use will provide a public convenience and necessity, in that the
service of alcoholic beverages for on-site consumption is an ancillary use to the
proposed restaurant within a highly-trafficked commercial corridor;
H. The use will not create the need for increased police services in that conditions of
approval are established with this permit to ensure proper control of the sale of
alcohol for on-site consumption;
I. The requested use at the proposed location will not adversely affect the economic
welfare of the community, in that the sale of alcohol in conjunction with food at the
establishment could increase sales revenue and might draw customers that will
support nearby businesses; and,
J. The exterior appearance of the structure will be consistent with the external
appearance of commercial structures already constructed or under construction
on surrounding properties, or within the immediate neighborhood so as not to
cause blight, deterioration or substantially diminish or impair property values within
the neighborhood. Furthermore, there will be no expansion to the building as a
result of the proposed use.
SECTION 3. PLANNING COMMISION APPROVAL: The Planning Commission
herby approves CUP CD-CUP-2023-0018 subject to the Conditions of Approval found in
Exhibit A attached.
SECTION 4. FILING OF THE RESOLUTION: The Community Development
Director shall cause a certified resolution to be filed in the book of original resolutions.
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Resolution No. PC-2023-702
Page 4
The action of the foregoing direction was approved by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
PASSED, AND ADOPTED this __ day of October 2023.
________________________________
Kipp Landis, Chair
___________________________________
Carlene Saxton
Community Development Director
Exhibit A – Conditions of Approval
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Resolution No. PC-2023-702
Page 5
EXHIBIT A
CITY OF MOORPARK CONDITIONS OF APPROVAL
Project Approval Date:
Expiration Date:
Location: 233 E High Street
Entitlements: Conditional Use Permit No. CD-CUP-2023-0018
Project Description: Allow the Operation of a Restaurant (Freda’s) Within a 1,650
Square-Foot Suite with Associated Outdoor Seating and the Service of Beer, Wine and
Liquor for On-Site Consumption, and Live Music Entertainment within an Existing Multi-
Tenant Commercial Building Located at 233 E. High Street
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
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Resolution No. PC-2023-702
Page 6
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 is granted or approved with the City's designated
approving body retaining and reserving the right and jurisdiction to review and to
modify the permit-including the conditions of approval-based on changed
circumstances. Changed circumstances include, but are not limited to, major
modification of the business; a change in scope, emphasis, size, or nature of the
business; the expansion, alteration, reconfiguration, or change of use; or the fact that
the use is negatively impacting surrounding uses by virtue of impacts not identified
at the time of application for the conditional use permit or impacts that are much
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Resolution No. PC-2023-702
Page 7
greater than anticipated or disclosed at the time of application for the conditional use
permit. The reservation of right to review any permit granted or approved under this
chapter by the City's designated approving body is in addition to, and not in lieu of,
the right of the City, its Planning Commission, City Council and designated approving
body to review and revoke or modify any permit granted or approved under this
chapter for any violations of the conditions imposed on such permit.
8. The City of Moorpark reserves the right to modify, suspend or revoke for cause this
conditional use permit consistent with Chapter 17.44 of the Moorpark Municipal Code
or as may be amended in the future.
9. This Conditional Use Permit expires two years from the date of its approval unless
an Alcohol Beverage Control (ABC) License has been issued for this use. The
Community Development Director may, at his/her discretion, grant up to two
additional one-year extensions for use inauguration of the conditional use permit if
there have been no changes in the adjacent areas and if the applicant can document
that he/she has diligently worked towards use inauguration during the initial period of
time. The request for extension of this conditional use permit must be made in writing,
at least 30 days prior to the expiration date of the permit and must be accompanied
by applicable entitlement processing deposits. [CDD]
10. Applicant shall provide the Community Development Department with a copy of
license from the Department of Alcoholic Beverage Control (ABC) prior to issuance
of zoning clearance for occupancy.
11. No employee shall sell any alcoholic beverages to any person under twenty-one (21)
years of age. [CDD]
12. Employees involved in the sale or service of alcoholic beverages shall not be allowed
to consume alcoholic beverages at any time during their shift. Employees shall not
report to work with evidence of having consumed any intoxicants such as alcohol,
illegal drugs or controlled substances. [CDD]
13. Any and all employees directly involved or supervising the sale of alcoholic
beverages shall provide evidence, and the business shall maintain records that
employees have:
a. Received training from the State of California Department of Alcoholic
Beverage Control "Leadership and Education in Alcohol and Drugs" LEAD
program in the form of an ABC issued certificate.
b. The Owner/Manager shall confirm with the California Department of
Alcoholic Beverage Control within fifteen (15) days of hire that any new
employee has been scheduled with the local (Ventura ABC office) to attend
the LEAD program course. Alternatively, this course attendance
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Resolution No. PC-2023-702
Page 8
requirement may be met through a LEAD certified agency or company
approved by the State of California. [CDD]
14. There must be no advertising of any kind or type promoting or indicating the
availability of alcohol visible from the exterior of the building. Interior signs or displays
of alcohol that are clearly visible to the exterior shall constitute a violation of this
condition. [CDD]
15. 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]
16. Sales, service or consumption of alcoholic beverages shall comply with California
State Law. 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]
17. Games or contests sponsored or promoted by the operator requiring or involving the
consumption of alcoholic beverages shall not be permitted at any time. [CDD]
18. Food service must be available during all business hours that alcoholic beverages
are sold. [CDD]
19. All activities on the property must comply with the City’s noise regulations. The
Community Development Director may modify the hours of entertainment/music at
her/his discretion in response to noise complaints. [CDD]
20. Outdoor live entertainment shall conclude at 10 p.m., except for hours being
expanded for special events with the issuance of a Temporary Use Permit. [CDD]
21. The owner/manager shall be required to obtain Temporary Use Permit (TUP)
approval from the City of Moorpark for special events involving outdoor entertainment
after 10:00 p.m. Such application shall be made at least thirty (30) calendar days prior
to the commencement of the outdoor event. As part of the Conditions of Approval,
the Community Development Director may require, based upon the scope and size
of the event, security guards, traffic control, valet parking, and other measures to
assure that the event does not disrupt the surrounding area. [CDD]
22. The applicant shall comply with Chapter 8.32 PROHIBITING SMOKING IN PUBLIC
PLACES at all times and shall provide signs consistent with Section 8.32.040 of the
Moorpark Municipal Code to the satisfaction of the Community Development Director,
prior to initiation of the uses allowed by this permit. Any smoking area, if desired, shall
comply with Section 8.32.030 of the Moorpark Municipal Code. [CDD]
23. All necessary building permits must be obtained from the Building and Safety
Department. [CDD]
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Resolution No. PC-2023-702
Page 9
24. 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]
25. Areas inside the establishment open to the public must be illuminated sufficiently to
allow the identification of persons. [CDD]
26. 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]
27. 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]
28. Applicant shall provide the Moorpark Police Department with an exterior lighting and
security plan for review and approval prior to occupancy. [MPD]
29. Improvements shown on the CUP Floor Plan within the City right-of-way are not
approved as part of the CUP. [PW]
30. The applicant shall obtain approval of an Encroachment Permit and/or License
Agreement prior to placing any materials or operations within the public right-of-way.
Once an Encroachment Permit and/or License Agreement are approved, alcohol
service within authorized areas may be permitted subject to the conditions of this
CUP. [PW]
31. All exterior areas of the site, including parking areas under use by the business, and
the City’s public right-of-way, must be always maintained free of litter and debris.
[PW]
[END]
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