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HomeMy WebLinkAboutRES PC 2023 701 2023 0926RESOLUTION 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. Resolution No. PC -2023-701 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 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 3. 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. 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: Commissioner Alva, Barrett, Di Cecco, Hamalainen, and Chair Landis NOES: •61 Resolution No. PC -2023-701 Page 3 ABSENT: PASSED, AND ADOPTED this 26th day of September, 2023. N Carlene Saxton Community Development Director Exhibit A —Conditions of Approval 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 aDrive-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. he 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 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 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] Resolution No. PC -2023-701 Page 7 16. Hours of operation shall occur no earlier than 6:00 a.m. and no later than midnight. [CDD] 17. Prior to issuance of building permits, applicant shall revise site plan to provide additional width at the westerly landscape planter adjacent to the drive-through aisle. [CDD] 18. If significant stacking beyond the designated drive-through aisle occurs on a regular basis, that results in disruptions to parking and circulation, the applicant shall provide a Traffic Management Plan for approval by the Community Development Director. [CDD] 19. Prior to issuance of a building permit or demolition permit, applicant must submit a Construction and Demolition Materials Management Plan (www.moor arkca.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] 20. 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] 21. 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] 22. Applicant shall provide the Moorpark Police Department with a security plan for review and approval prior to occupancy. [MPD] 23. Applicant shall ensure the trash enclosure is locked/secured when not in use. [MPD] Resolution No. PC -2023-701 Page 8 24. 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]