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HomeMy WebLinkAboutRES PC 2023 697 2023 0801RESOLUTION NO. PC -2023-697 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT CD -CUP -2023-0015, TO ALLOW THE SALE OF BEER, WINE AND DISTILLED SPIRITS FOR ON-SITE CONSUMPTION AT A PROPOSED 2,013 SQUARE -FOOT RESTAURANT WITH LIVE MUSIC AND BILLIARDS WITHIN AN EXISTING SHOPPING CENTER, LOCATED AT 14711 PRINCETON AVENUE, SUITE 1 (VARSITY PARK PLAZA), AND MAKING A DETERMINATION OF EXEMPTION PURSUANT TO CALIFORNIA ENVIRONMENTAL QUALITY ACT IN CONNECTION THEREWITH, ON THE APPLICATION OF GERALD CUCCO FOR JR'S SPORTS BAR AND GRILL (ON BEHALF OF VARSITY INVESTMENTS LLC) WHEREAS, on June 27, 2023, the Applicant submitted a request for Conditional Use Permit (CUP) CD -CUP -2023-0015 to allow the sale of beer, wine and distilled spirits for on-site consumption at a proposed 2,013 square -foot restaurant with live music and billiards within an existing shopping center; WHEREAS, at a duly noticed public hearing on August 1, 2023, for CUP CD -CUP - 2023 -0015, the Planning Commission considered CUP CD -CUP -2023-0015, 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 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 billiards and the sale of beer and wine at a proposed restaurant 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 -2023-697 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 neighborhood commercial 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 and wine, along with the live music and billiards, 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 wine and wine from 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 beer and wine from the exterior or the building. Additional Findings for Establishments Selling Alcoholic Beverages: F. The proposed use will not result in an overconcentration in the area of establishments selling alcoholic beverages in that ABC allows for a total of eight licenses for on-site consumption with the same census tract before there is a presumption of undue concentration. There are currently two Type 41 (On -Sale Resolution No. PC -2023-697 Page 3 Beer &Wine —Eating Place) and one Type 47 (On -Sale General —Eating Place) within Census Tract 76.14. Based on this context, the ABC has determined that there is not currently a presumption of undue concentration of alcohol outlets in Census Tract 76.14, and nor would the addition of this proposed alcohol use at the project site cause an undue concentration of alcohol outlets in Census Tract 76.14; G. The proposed use will serve a public convenience in that the service of beer and wine for on -premises consumption reduces the risk of driving under the influence to and from other locations that provide beer and wine, allowing patrons to eat, partake in billiards, live music and karaoke, and consume beer and wine in the same location, H. The use will not create the need for increased police services in that conditions are provided to ensure proper control of the service of beer and wine 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 beer and wine 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 J. 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 -2023-0015 subject to the Conditions of Approval found in Exhibit A attached, including limiting the sale and service of alcohol to beer and wine only. 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: Commissioners Alva, Barrett, Di Cecco, Hamalainen and Chair Landis NOES: ABSENT: Resolution No. PC -2023-697 Page 4 ABSTAIN PASSED, AND ADOPTED this 1 st day of August 2023. Kipp dis Chair Carlene Saxton Community Development Director Exhibit A — Conditions of Approval Resolution No. PC -2023-697 Page 5 EXHIBIT A CITY OF MOORPARK CONDITIONS OF APPROVAL Project Approval Date: August 1, 2023 Expiration Date: August 1, 2025 Location: 14711 Princeton Avenue, Suite 1 Entitlements: Conditional Use Permit No. CD -CUP -2023-0015 Project Description: Allow the Sale of Beer, Wine and Distilled Spirits for On -Site Consumption at a Proposed 2,013 Square -Foot Restaurant with Live Music and Billiards 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 -2023-697 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 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 an 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] Resolution No. PC -2023-697 Page 7 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 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] 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. 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] 12. 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] 13. Alcohol service shall be limited to beer and wine. The service of distilled spirits is prohibited. [CDD] 14. The sale of beer and wine within 30 minutes of the restaurant's closure is prohibited. [CDD] 15. 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] 16. Sales, service or consumption of alcoholic beverages are permitted only between the hours of 8:00 a.m. to 9:00 p.m., Sunday through Thursday, and 8:00 a.m. to 10:00 p.m., Friday and Saturday. Hours for sale of alcoholic beverages shall comply with California State Law. Hours of the business shall maintain the same closing hours. 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. Areas inside the establishment open to the public must be illuminated sufficiently to allow the identification of persons. [CDD] 18. 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] Resolution No. PC -2023-697 Page 8 19. 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] 20. 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] 21. 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] 22. Applicant shall post signs on the rear door to the business noting emergency use only. Rear door shall be maintained closed at all times. [CDD] 23. Prior to conducting business at the location, the applicant shall cause signs to be posted within the alley stating "no parking or deliveries 9PM until 7AM77 . 24. Prior to conducting business at the location, applicant shall install signs at the exterior of the business indicating that loitering is prohibited and that smoking and vaping are prohibited per Moorpark Municipal Code. 25. 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] 26. Building plans of all A, E, I, H, R-1, R-2 or R-4 occupancies shall be submitted, with payment for plan check, to the Fire District for review and approval prior to obtaining a building permit. [VCFPD] [END]