HomeMy WebLinkAboutAGENDA REPORT 2024 0227 PC ITEM 08ACITY OF MOORPARK, CALIFORNIA
Planning Commission Meeting
of February 27, 2024 Item: 8.A.
ACTION: Approved Staff Recommendation
as Amended, Including Adoption
of Resolution No. PC-2024-707.
BY: J. Lugo
A. Consider Resolution No. PC-2024-707 Approving Conditional Use Permit CD-
CUP-2023-0020 to Allow the Operation a 1,018 Square-Foot Café/Restaurant with
Associated Outdoor Seating and the On-Site Consumption of Beer, Wine and
Spirits, and Live Entertainment at 165 E. High Street and Making a Determination
of Exemption Pursuant to the California Environmental Quality Act in Connection
Therewith, on the Application of Doug Ridley. Staff Recommendation: 1) Open the
public hearing, accept public testimony, and close the public hearing; and 2) Adopt
Resolution No. 2024-707 approving Conditional Use Permit CD-CUP-2023-0020,
subject to certain findings and conditions. (Staff: Sara Durghalli)
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: Sara Durghalli, Assistant Planner
DATE: 02/27/24 Regular Meeting
SUBJECT: Consider Resolution No. PC-2024-707 Approving Conditional Use
Permit CD-CUP-2023-0020 to Allow the Operation a 1,018 Square-
Foot Café/Restaurant with Associated Outdoor Seating and the On-
Site Consumption of Beer, Wine and Spirits, and Live Entertainment
at 165 E. High Street and Making a Determination of Exemption
Pursuant to the California Environmental Quality Act in Connection
Therewith, on the Application of Doug Ridley.
STAFF RECOMMENDATION
1.Open the public hearing, accept public testimony and close the public hearing;
and
2.Adopt Resolution No. 2024-707 approving Conditional Use Permit CD-CUP-2023-
0020, subject to certain findings and conditions.
PROJECT DESCRIPTION
On December 18, 2023, Doug Ridley (Applicant) submitted an application for a
Conditional Use Permit (CUP) to allow the operation of a 1,018 square-foot
café/restaurant (Ridley’s Place) with associated outdoor seating and the service of beer,
wine and spirits for on-site consumption, and live music entertainment within an existing
multi-tenant commercial building, located at 165 E. High Street (within the Downtown
Specific Plan area).
The Zoning Ordinance requires a CUP to allow the operation of a restaurant (with or
without entertainment, alcoholic beverage service, and outdoor seating) within 100 feet
of a residentially-zoned property. The subject site is immediately adjacent to
residentially-zoned property on Charles Street. The Applicant plans to apply with the
State of California Department of Alcohol Beverage Control (ABC) for a Type 41
License concurrently with this application, which would allow the sale of beer and wine
for consumption on or off the premises in conjunction with a dining establishment.
Item: 8.A.
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02/27/2024 Regular Meeting
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The Applicant plans to also apply to ABC for a Type 47 License in the future, which
would allow the sale of beer, wine, and spirits for 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. This CUP is intended to provide approval for both
the Type 41 (beer and wine) license currently proposed as well as the future Type 47
(beer, wine and spirits).
EXISTING AND SURROUNDING LAND USES
The existing 15,000 square-foot lot is developed with a 5,405 square-foot, two-story
commercial building with associated site improvements, located on High Street,
between Walnut Street and Bard Street. Building permit records date back to 1983,
when the building was first developed on the lot. The building is divided into seven
tenant spaces, including a 1,018 square-foot suite on the first floor where the proposed
café/restaurant would be located. Two spaces on the second floor remain vacant, while
the remaining tenant spaces on the first floor are currently occupied by Ridley Defense
(law office), David Canale, DDS (dentist office), and Illuminate Skin Studio. The tenant
space on the first floor 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) Single-Family Homes
South Downtown Specific
Plan (SP-D)
Mixed-Use Medium
(MUM)
Future Mixed-Use
Development (High
Street Depot)
East Downtown Specific
Plan (SP-D)
Mixed-Use Medium
(MUM) Commercial Building
West Downtown Specific
Plan (SP-D)
Mixed-Use Medium
(MUM) Commercial Building
General Plan, Specific 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:
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02/27/2024 Regular Meeting
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• 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,
• General Plan Economic Development Goal No. 5: Downtown, and
• the Downtown Specific Plan’s purpose “to create a viable central business core”
by “establishing a variety of uses that address community needs”.
The proposed restaurant/cafe aligns with the Mixed Use Medium (MUM) Zone, which
encourages a mix of commercial, office, and housing development for project feasibility.
The zone specifically promotes active ground floor commercial uses near sidewalks,
with housing or offices next to or above. The proposed use is consistent as it integrates
a café/restaurant on the ground floor of a building with offices above, adhering to the
zoning's emphasis on diverse urban environments.
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 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 spirits, 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
The proposed restaurant, Ridley’s Place, would employ 20 people, with an estimated
four 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 – 11:00 p.m, though the actual operating hours may
vary. Alcohol and food service is proposed to be available during these hours.
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The proposed layout provides seating for approximately 20 customers indoors within the
1,018 square-foot restaurant. Seating for an additional 24 customers is proposed
outdoors within the combined 730 square-foot outdoor patio area. With the exception of
outdoor furniture and fencing proposed within the front building setback, all proposed
construction would occur within the walls of the existing building. A small portion of the
dining area inside the building may be utilized for occasional live entertainment. Future
dining areas proposed within the public right-of-way are conceptually shown on the
Applicant’s plans but are not approved as part of this CUP. Conditions of approval have
been added to address future proposals within the public right-of-way and the
Applicant’s ability to serve food and alcohol within the right-of-way if ABC and City
regulations are satisfied.
Permitted Hours of Operation for Existing Restaurants with Alcohol Sales and Indoor
Entertainment
Four 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 of Ridley’s
Place and those of existing restaurants on High Street.
Business Open Hours of Business Permitted Operating
Hours of Restaurant
Hours of Permitted
Alcohol Sales
Ridley’s Place
(Proposed) 9:00 a.m. to 11:00 p.m., daily Not regulated by
CUP
Not regulated by CUP,
regulated by ABC
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 9:00 a.m. to 10:00 p.m., daily Not regulated by
CUP
Not regulated by CUP,
regulated by ABC
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Alcohol Concentration
The City does not have local standards for undue concentration and therefore follows
the ABC’s guidelines. The ABC measures the number of businesses selling alcoholic
beverages by census tract and identifies a target number of establishments based on
population to forgo undue concentration. If a census tract exceeds the target number of
establishments with the addition of a new Alcohol License, then special findings of
public convenience and necessity must be made by the local jurisdiction in order for an
ABC permit to be issued.
The subject property is located within Census Tract 76.13. This Tract currently includes
one theater and nine 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. Freda’s (ABC license
pending), M On High, and Lucky Fools Pub operate 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 initially with a Type 41 License (On Sale Beer &
Wine – Eating Place – Restaurant). The Type 41 License would allow the sale of beer
and wine for consumption on or off the premises in conjunction with a dining
establishment.
The Applicant is proposing to operate with a Type 47 License (On Sale General for
Bona Fide Public Eating Place Restaurant) in the future. The Type 47 License
authorizes the sale of beer, wine and spirits 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.
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 10 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).
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Live Entertainment
The Applicant is proposing one indoor area for live and pre-recorded entertainment. The
entertainment will be amplified with speakers, during business hours, in the dining area.
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 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 the conversion
of existing commercial space into a restaurant, with live music, and the service of beer,
wine and spirits for on-site consumption. The proposed use is consistent with the
General Plan, Downtown Specific 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
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provisions of these regulations, the following timelines have been established for action
on this project:
Date Application Submitted: December 18, 2023
Date Application Determined Complete: January 16th, 2024
Planning Commission Action Deadline: March 17, 2024
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 February 16, 2024.
2. Mailing. The notice of the public hearing was mailed on February 15, 2024 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 February
15, 2024.
ATTACHMENTS
Attachment 1: Site Plan
Attachment 2: Aerial Map
Attachment 3: Floor Plan
Attachment 4: Draft Resolution with Conditions of Approval
Page 8
A . Provide roof gutters for all roofs which wouldotherwise drain to grade below Per governing req'mts.B . All downspouts from the roof shall be drainedinto an approved drainage system or course that will carry the water away from the structures. Pergoverning req'mts.adjacent to the structures during and afterC. No water shall be allowed to pond or collect construction.E. Planters located adjacent to structures shall beconstructed in a manner such that irrigation water will not saturate the soil underlaying the structures.F. Refer to the services of a Civil and / or SoilEngineer for site drainage systems, such as underground piping, catch basins , deck drains,sump pump systems, etc. Per governing req'mts. G. If required by the governing agency, a SoilsEngineer shall inspect and approve footingexcavation and submit in writing to the governingsteelofficials as required, prior to placing reinforcingH . If required by Governing agencies, a Soils located inside all removal and re-compaction areas required, prior to City inspections.and submit in writing to the governing officials asment of concrete for the foundation.SITE PLAN NOTESEngineer shall verify foundations have been the building inspector at the job site prior to place-I. Soil compaction report shall be provided toand slopes, 2% for 4' minimum, then 1% to streetor approved storm drain.D . Provide positive slope away from structuresGRADING NOTE:GENERAL NOTES:2. ALL SITEWORK, WALLS, FENCES, DRIVEWAYS,HARDSCAPE AND OTHER IMPROVEMENTS SHOWNAS PROPOSED ON THIS PLAN ARE FOR THE CON-VENIENCE OF THE OWNER FOR PLAN REVIEW ANDPROCESSING ONLY. THE OWNER MUST CONSULTWITH A LANDSCAPE ARCHITECT AND CIVIL ENGINEERFOR COMPLETE PLANS OF THE SITE, GRADING,DRAINAGE, AND LANDSCAPING TYPICAL.1. NO NEW SITEWORK, WALLS, FENCES, DRIVEWAYGATES, LANDSCAPING, POOLS, SPAS, PATIO COV.OR OTHER IMPROVEMENTS OTHER THAN AS SHOWNAS PROPOSED ON THIS PLAN. ALL OTHER SUCHIMPROVEMENTS SHALL BE UNDER A SEPARATEPERMIT AND IS THE RESPONSIBILITY OF THE OWNERAND THE GENERAL CONTRACTOR TYPICAL.NO GRADING OVER 50 CUBIC YARDS PROPOSED.ANY GRADING PROPOSED BY LANDSCAPE ARCH-ITECT IS UNDER SEPARATE PERMIT TYPICAL.NO ENCROACHMENT INTO 25% TERRAIN PROPOSEDDateDrawnJobScaleAll designs, drawings, specifications, reports, files, notes andother documents prepared by Nextects Architects as instru-of service are and shall remain the property of Nextects Archi-tects whether the project for which they are made is executedor not. Nextects Architects shall be deemed the author of theseinstruments and shall retain all common law, statutory and otherreserved rights, including the copyright thereto. The drawingsand specifications shall not be used by the Client on otherprojects, additions to this project, or for the completion of thisproject by others. The Contractor shall verify all site conditionsand dimensions and shall notify Nextects Architects of any dis-crepancies prior to commencement of any work. Written dimen-sions shall take preference over scaled dimensions.LAWRENCEKEVINBRISLEYNo. C19394L a r r y B r i s l e y A R C H I T E C Ta p r o f e s s i o n a l c o r p o r a t i o nENEDSARCHITECT EFCAFOTATSLCIRNIA LIO144 W. Los Angeles Ave, Unit 106, P.O. Box #369 Moorpark, CA 93021Tel (805) 529-6883 NEXTects.comDoug Ridley / Ridley Defense165 High StreetMoorpark, CA 93021APN 512-0-092-11forREN. 9-30-24Tenant Improvement1-12-24±5'-0"±26'-0"±79'-6"±19'-6"EX. ASPHALT PARKING LOT1'-4"12'-0"5'-0"9'-0"9'-0"5'-0"8'-10"8'-10"8'-10"8'-10"±21'-0"2'-0"9'-0"9'-0"9'-0"9'-0"9'-0"9'-0"9'-0"9'-0"9'-0"15'-4"18'-0"31'-2"9'-11"8'-1"7'-8"4'-8"18'-0"EX. DRIVEWAY APRONEX. CONC CURBEX. PLANTEREX. GATEHANDICAP PATH LANDINGLAND.UPHC1 S 1 S 2 S 3UPS 4 S 5 S 6S 7 S 8 S 9 S 10 S 11 S 12 S 13 S 14 S 15EX. 5" TREE EX. 12" TREEEX. BRICK WALKEX. CONCRETE PATIO4'-4"EX. METAL GRATEEX. CONCRETE SIDEWALKEX. 17" TREEEX. BACK FLOW PREVENTEREX. STAIR TO BE REPLACEDEX. MAILBOXNEW H.C.RAMP UPNEW H.C.RAMP UPNEW H.C.RAMP UPEX. WALLEX. WALLTRASH & RECYCLEEX. ASPHALT DRIVEWAYAREA OF TOILET ROOMTENANT IMPROVEMENT(76 SQ. FT.)AREA OF STORAGE RM.TENANT IMPROVEMENT(268 SQ. FT.)AREA OF HALLWAYTENANT IMPROVEMENT(48 SQ. FT.)AREA OF WINE & COFFEECAFE TENANT IMPROVE-MENT (1,018 SQ. FT.)AREA OF TOILET ROOMTENANT IMPROVEMENT(136 SQ. FT.)EXISTINGENTRANCEEXISTING 2-STORYCOMMERCIAL BLDG.AREA OF EX. INTERIORSPACE TO BE COVERTEDTO EXT. SPACE (19 SQ. FT.)AREA OF EXIST. OFFICE #1(406 SQ. FT.)AREA OF EXIST. DENTAL OFFICE #2(1,188 SQ. FT.)AREA OF EXIST. HALLWAY(262 SQ. FT.)EXIST. ELEC. ROOM(56 SQ. FT.)363 S.F. EX. GRASS PATIO AREA143 S.F. SIDEWALK ENCROACHMENTIRON FENCE T.B.D.EX. WOOD POSTS143 S.F. SIDEWALK ENCROACHMENT367 S.F. EX. GRASS PATIO AREAIRON FENCE T.B.D.EX. WOOD POSTSAREA CALCULATIONS:WINE & COFFEE CAFE T.I.:TOILET ROOMS T.I.:STORAGE ROOM T.I.:HALLWAY T.I.:EX. AREA TO BE CONVERTED:EXIST. ELECTRICAL ROOM:EXIST. OFFICE #1:EXIST. (DENTAL) OFFICE #2:EXIST. HALLWAY:LEFT (WEST) GRASS AREA:RIGHT (EAST) GRASS AREA:LEFT (WEST) SIDEWALK ENCROACH.:RIGHT (EAST) SIDEWALK ENCROACH.:1,018 SQ. FT.212 SQ. FT.268 SQ. FT.48 SQ. FT.19 SQ. FT.56 SQ. FT.406 SQ. FT.1,188 SQ. FT.262 SQ. FT.363 SQ. FT.367 SQ. FT.143 SQ. FT.143 SQ. FT.AS NOTEDA0.1SITE PLAN0Site Plan10 201/8"=1'-0"NPC ATTACHMENT 1Page 9·=--···---.::-______ ... __, ~~ ~ % ED-
Aerial Map - Ridley's Place (165 E. High St)
PC ATTACHMENT 2 Page 10
1" = 77 ft CD·CUP-2023-0020 02/05/2024
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 information.
A2342345566ABCDEFGHDEH11ROOM FINISH LEGENDCARPET O/ PADSHEET VINYL OR VINYL TILES1.2.3.4.FLOOR FINISHCERAMIC OR QUARRY TILESTONE TILE OR SLABWOOD - PAINTEDBASE FINISH1.2.3.4.5.5. CONCRETE SLAB6.HARDWOOD STRIP FLOORING7.8. EXISTING OR UNFINISHEDWOOD - STAINED OR NATURALVINYL COVECERAMIC OR QUARRY TILESTONE TILE OR SLABWALL FINISH1.4.5.6.CEILING FINISH1.4.5.ROOM NUMBERCEILING FINISHWALL FINISHBASE FINISHFLOOR FINISHEPOXY COATED CONCRETE5/8" GYPSUM BOARDNONEEXISTING OR UNFINISHED6.7.EXISTING OR NONE2.3.7.8.2.3.6.CERAMIC OR QUARRY TILESTONE TILE OR SLABWOOD PANELING5/8" TYPE "X" GYPSUM BOARDWATER RESISTANT GYPSUM BOARD7.8.5/8" GYPSUM BOARDEXISTING OR NONECERAMIC OR QUARRY TILESTONE TILE OR SLABWOOD PANELING5/8" TYPE "X" GYPSUM BOARDWATER RESISTANT GYPSUM BOARDROOM NAMESMOOTH TROWEL STUCCOSMOOTH TROWEL STUCCO(N) STUD WALLFLOOR PLAN LEGEND STAIRWAY NOTES Refer to Structural Plans and information prepared coordination of all Work regarding structural foundations, wall, floor, roof structure, lateral bracing, hardware and accessories. This Work is prepared by Others not employed by the Architect and is not a part of the Work of the Architect, who takes no responsibility for its accuracy. STRUCTURAL PLANS AND INFORMATION by Others not employed by the architect for ADDITIONAL NOTES(E) STUD WALL TO REMAIN(E) STUD WALL / ITEM TO BE REMOVEDCOMBINATION SMOKE DETECTOR & CARBON MONOXIDE ALARM - INTERCONNECTED HARD-WIRED W/ BATTERY BACKUP & SHALL BE IN-STALLED IN ACCORDANCE WITH NFPA 72 TYP.STAIRS SHALL HAVE A MAXIMUM RISE OF 7.75"AND MINIMUM RUN (TREAD) OF 10" WITH MAXIMUM3/8" VARIANCE. (R311.7.4)WHERE TREAD DEPTH IS LESS THAN 11", A NOSINGBETWEEN .75" & 1.25" SHALL BE PROVIDED. (R311.7.4.3)MINIMUM WIDTH OF 36" (MAX. 4.5" HANDRAIL PRO-JECTION IS PERMITTED ON EACH SIDE. (R311.7.1)MINIMUM HEADROOM OF 6'-8" (R311.7.1)ALL STAIRWAYS SHALL HAVE AN ILLUMINATIONLEVEL ON TREAD RUNS OF NOT LESS THAN ONEFOOT CANDLE (11 LUX) (R303.6)WINDER TREADS SHALL HAVE A MIN. TREAD DEPTHOF 10" @ A POINT 12" FROM THE NARROW SIDE, ANDA MINIMUM TREAD DEPTH OF 6" (R311.7.4.2)PROVIDE A MIN. OF ONE CONTINUOUS HANDRAILON STAIRWAYS WITH 4 OR MORE RISERS AND ATALL OPEN SIDES (R311.7.7)HANDRAIL HEIGHT SHALL BE 34" - 38" ABOVE THENOSING OF THE TREADS (R311.7.7.1)OPENINGS BETWEEN INTERMEDIATE BALLUSTERSSHALL NOT ALLOW THE PASSAGE OF A 4 3/8" DIA-METER SPHERE. THE TRIANGULAR OPENINGS FORMEDBY THE RISER, TREAD AND BOTTOM RAIL SHALL NOTALLOW THE PASSAGE OF A 6" DIA. SPHERE (R312.3HANDRAIL GRIPS SHALL BE EITHER TYPE 1 OR TYPE 2SPECIFIED IN SECTION R311.7.7.3RETURN HANDRAILS TO NEWEL POSTS OR WALL(R311.7.7.2)PROVIDE GUARDRAILS WHERE THE OPEN SIDE IS MORE THAN 30" ABOVE THE FLOOR OR GRADE ATANY POINT WITHIN 36" HORIZONTALLY TO THE EDGEOF THE OPEN SIDE (R312.1)GUARDRAIL HEIGHT SHALL BE A MINIMUM OR 42" HIGH (R312.2)REQUIRED GUARDS SHALL NOT HAVE OPENINGS WHICH ALLOW PASSAGE OF A SPHERE 4" IN DIA-METER (R312.3)BATHROOMS, WATER CLOSET COMPARTMENTS& OTHER SIMILAR ROOMS SHALL BE PROVIDEDWITH MINIMUM GLAZING AREA OF 3 SQ. FT., ONEHALF OF WHICH IS OPENABLE. THE GLAZED AR-EAS ARE NOT REQUIRED WHERE ARTIFICIAL LIGHTAND A MECHANICAL VENTILATION OF 50 CFM IN-TERMITTENT OR 25 CFM CONTINUOUS VENTILATIONARE PROVIDED.ALL SHOWERS AND TUB SHOWERS SHALL HAVEA PRESSURE BALANCE, THERMOSTATIC MIXING VALVE, OR A COMBINATION PRESSURE BALANCE /THERMOSTATIC MIXING TYPE VALVE. (PC 418)ALL NEW, REPLACEMENT AND EXISTING WATERHEATERS SHALL BE STRAPPED TO THE WALL INTWO PLACES. ONE IN THE UPPER 1/3 OF THE TANKAND ONE IN THE LOWER 1/3 OF THE TANK. THE LO-WER POINT SHALL BE A MINIMUM OFR 4" ABOVETHE CONTROLS. (PC 508.2)THE COMBINED FLOW RATE OF MULTIPLE SHOWERHEADS SERVING A SINGLE SHOWER SHALL NOTEXCEED THE MAXIMUM FLOW RATES SPECIFIED INTHE 20% COLUMN CONTAINED IN TABLE 4.303.2OPENINGS IN THE BUILDING ENVELOPE SEPAR-ATING CONDITIONED SPACE FROM UNCONDITION-ED SPACE NEEDED TO ACCOMODATE GAS, PLUMB-ING, ELECTRICAL LINES, AND OTHER PENETRATIONSMUST BE SEALED (4.406.1)THE PLUMBING FIXTURES AND PLUMBING FITTING SHALL MEET THE STANDARDS NOTED BELOW:1. WATER CLOSET = 1.28 GALLONS PER FLUSH2. SHOWERHEADS = 1.8 GPM MAX3. LAVATORY FAUCETS = 1.2 GPM MAX4. SINK FAUCETS = 1.8 GPM MAX5. WALL MOUNTED URINALS = 0.125 GALLONS PER FLUSH6. FLOOR MOUNTED URINALS = 0.5 GALLONS PER FLUSH.CGBSC 4.303EX. DENTAL STATION 4EX. LABORATORYEX. DENTAL STATION 3EX. DENTAL STATION 1EX. OFFICE 3EX. WAITING AREAEX. ELEC. EQUIP. ROOMEX. HALLEX. HALLEX. DENTAL STATION 2EX. PRIVATE TOILETOFFICE 1EX. OFFICE 2STORAGETOILET ROOMTOILET ROOMTOILET ROOMEX. ENTRY100101102103104105WINE107106WINE/COFFEE CAFEENTRY HALLSTAIR UPNEW H.C.RAMP UPNEW H.C.RAMP UP363 S.F. EX. GRASS PATIO AREA367 S.F. EX. GRASS PATIO AREAIRON FENCE T.B.D.IRON FENCE T.B.D.143 S.F. SIDEWALK ENCROACHMENT143 S.F. SIDEWALK ENCROACHMENTEX. BACK FLOW PREVENTERSTAIR UPEX. CONCRETE SIDEWALKEX. BRICK WALKDateDrawnJobScaleAll designs, drawings, specifications, reports, files, notes andother documents prepared by Nextects Architects as instru-of service are and shall remain the property of Nextects Archi-tects whether the project for which they are made is executedor not. Nextects Architects shall be deemed the author of theseinstruments and shall retain all common law, statutory and otherreserved rights, including the copyright thereto. The drawingsand specifications shall not be used by the Client on otherprojects, additions to this project, or for the completion of thisproject by others. The Contractor shall verify all site conditionsand dimensions and shall notify Nextects Architects of any dis-crepancies prior to commencement of any work. Written dimen-sions shall take preference over scaled dimensions.LAWRENCEKEVINBRISLEYNo. C19394L a r r y B r i s l e y A R C H I T E C Ta p r o f e s s i o n a l c o r p o r a t i o nENEDSARCHITECT EFCAFOTATSLCIRNIA LIO144 W. Los Angeles Ave, Unit 106, P.O. Box #369 Moorpark, CA 93021Tel (805) 529-6883 NEXTects.comDoug Ridley / Ridley Defense165 High StreetMoorpark, CA 93021APN 512-0-092-11forREN. 9-30-24Tenant Improvement1-12-24AREA CALCULATIONS:WINE & COFFEE CAFE T.I.:TOILET ROOMS T.I.:STORAGE ROOM T.I.:HALLWAY T.I.:EX. AREA TO BE CONVERTED:EXIST. ELECTRICAL ROOM:EXIST. OFFICE #1:EXIST. (DENTAL) OFFICE #2:EXIST. HALLWAY:LEFT (WEST) GRASS AREA:RIGHT (EAST) GRASS AREA:LEFT (WEST) SIDEWALK ENCROACH.:RIGHT (EAST) SIDEWALK ENCROACH.:1,018 SQ. FT.212 SQ. FT.268 SQ. FT.48 SQ. FT.19 SQ. FT.56 SQ. FT.406 SQ. FT.1,188 SQ. FT.262 SQ. FT.363 SQ. FT.367 SQ. FT.143 SQ. FT.143 SQ. FT.AS NOTEDA1.0LOWER FLOOR PLAN0241/4"=1'-0"NFloor PlanEX. ELEC. EQUIP. ROOMSTORAGETOILET ROOMTOILET ROOMTOILET ROOM102103104105106WINE/COFFEE CAFE367 S.F. EX. GRASS PATIO AREAIRON FENCE T.B.D.363 S.F. EX. GRASS PATIO AREAIRON FENCE T.B.D.143 S.F. SIDEWALK ENCROACHMENT143 S.F. SIDEWALK ENCROACHMENTArea within Cityright-of-way(highlighted in red) isnot approved aspart of ConditionalUse PermitCD-CUP-2023-0020KITCHEN FACILITIESPossible EntertainmentLocation for Live Music WINE BAR AREAWine Storage Area PC ATTACHMENT 3Page 11Err:rr3 c==J I I I I I I I I I I --~-------~-----------------□ c==J c==J V Err:rr3 0 0 [ c==J c==J 0 ~~~------'--------~ --------,Q -----) IMIIIHMlmHIIMllmHIIHMIIMIIIHMIIHMIIMIIJMHUH+IIIMIIJIMIIIHMIIMIIIHMIIMIIIIMIIIHMIIHMIIMII --------,Q 000 ~-lttlflfflfflfflfflfflttllfflffltflfl""""""tfltfl!fflfflllfflltfltlfflffltll o:o -------6 CD--_J
PC ATTACHMENT 4
RESOLUTION NO. PC-2024-707
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT
CD-CUP-2023-0020 TO ALLOW THE OPERATION OF A 1,018
SQUARE-FOOT CAFÉ/RESTAURANT (RIDLEY’S PLACE) WITH
ASSOCIATED OUTDOOR SEATING AND THE ON-SITE
CONSTUMPTION OF BEER, WINE AND SPIRITS, AND LIVE
ENTERTAINMENT AT 165 E. HIGH STREET AND MAKING A
DETERMINATION OF EXEMPTION PURSUANT TO THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT IN CONNECTION THEREWITH, ON
THE APPLICATION OF DOUG RIDLEY.
WHEREAS, on December 18, 2023, an application was filed by Doug Ridley for
a Conditional Use Permit (CUP) CD-CUP-2023-0020 to allow for the operation of a
1,018 square-foot café/restaurant with associated outdoor seating and the on-site
consumption of beer, wine and spirits, and live entertainment at 165 E. High Street; and
WHEREAS, at a duly noticed public hearing on February 27, 2024, the Planning
Commission considered CUP CD-CUP-2023-0020, 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-2023-0020 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 the conversion of existing commercial space into a restaurant,
with live music, and the service of beer, wine and spirits for on-site consumption.
Therefore, the proposed project is categorically exempt from environmental review, in
accordance with Section 15301 of the CEQA Guidelines, and 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:
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Resolution No. PC-2024-707
Page 2
A. The proposed use is consistent with the provisions of the General Plan,
Downtown Specific 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, General Plan Economic Development Goal No. 3:
Commercial and Industrial Uses: Thriving retail, office, and industrial businesses
that foster local economic prosperity, and General Plan Economic Development
Goal No. 5: Downtown: A thriving downtown that is cherished by residents and
that helps define the popular image of Moorpark.
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 spirits 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.
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
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Resolution No. PC-2024-707
Page 3
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.
One Type 47 (On-Sale General – Eating Place) is pending approval from the
California Department of Alcoholic Beverage Control (ABC). 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.
While a presumption of undue concentration may exist, this presumption can be
rebutted by a preponderance of evidence. 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 café/restaurant and
subject to conditions of approval intended to minimize potential policing issues.
Furthermore, the establishment is proposed within a retail corridor, where a
variety of establishments selling alcoholic beverages for consumption is
appropriate for the public convenience and necessity;
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 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-2023-0020 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-2024-707
Page 4
The action of the foregoing direction was approved by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
PASSED, AND ADOPTED this 27th day of February 2024.
________________________________
Kipp Landis, Chair
___________________________________
Carlene Saxton
Community Development Director
Exhibit A – Conditions of Approval
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Resolution No. PC-2024-707
Page 5
EXHIBIT A
CITY OF MOORPARK CONDITIONS OF APPROVAL
Project Approval Date:
Expiration Date:
Location: 165 E High Street
Entitlements: Conditional Use Permit No. CD-CUP-2023-0020
Project Description: Allow the Operation a 1,018 Square-Foot Café/Restaurant with
Associated Outdoor Seating and the On-Site Consumption of Beer, Wine and Spirits, and
Live Entertainment at 165 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
within the time period provided therefore in Government Code Section 66499.37 or
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Resolution No. PC-2024-707
Page 6
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
greater than anticipated or disclosed at the time of application for the conditional use
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Resolution No. PC-2024-707
Page 7
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 the sale of
beer, wine, or spirits from the proposed restaurant.
11. Applicant shall notify and provide the Community Development Department with a
copy of the California Department of Alcoholic Beverage Control (ABC) license
should the license type change. [CDD]
12. No employee shall sell any alcoholic beverages to any person under twenty-one (21)
years of age. [CDD]
13. 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]
14. 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
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Resolution No. PC-2024-707
Page 8
employee has been scheduled with the local (Ventura ABC office) to attend
the LEAD program course. Alternatively, this course attendance
requirement may be met through a LEAD certified agency or company
approved by the State of California. [CDD]
15. 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]
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 not be amplified outdoors, and 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-2024-707
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 California Department of Tax and Fee
Administration ; and 2) a letter, on business letterhead, certifying that all retail sales
generated will be properly reported to the California Department of Tax and Fee
Administration 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. Prior to improvements to the lawn area on private property in front of the building,
Applicant shall provide and obtain approval of a zoning clearance with detailed plans
and elevations of the designated gated area intended for outdoor dining and alcohol
service. [CDD]
29. Applicant shall include suitable kitchen facilities as part of tenant improvements for
review and approval prior to occupancy. [CDD]
30. Applicant shall provide the Moorpark Police Department with a lighting and security
plan for review and approval prior to occupancy. [MPD]
31. Improvements shown on the CUP Floor Plan within the City right-of-way are not
approved as part of the CUP. [PW]
32. 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]
33. 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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