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HomeMy WebLinkAboutRES PC 2023 702 2023 1024RESOLUTION 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. 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. 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. 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 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 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 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] 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]