HomeMy WebLinkAboutAGENDA REPORT 2024 0814 PC ITEM 08ACITY OF MOORPARK, CALIFORNIA
Planning Commission Meeting
of August 14, 2024 Item: 8.A.
ACTION: Approved Staff Recommendation,
Including Adoption of Resolution
No. PC-2024-709.
BY: J. Lugo
A. Consider Resolution No. PC-2024-709, Approving Conditional Use Permit No. CD-
CUP-2024-0022 to Allow the Operation of an 1,858 Square-Foot Restaurant
(Waba Grill) Within an Existing Shopping Center (LA Spring Shopping Center),
Located at 555 Los Angeles Avenue; and Making a Determination of Exemption
Pursuant to the California Environmental Quality Act in Connection Therewith, on
the Application of Navareet Boparai. Staff Recommendation: 1) Open the public
hearing, accept public testimony, and close the public hearing; and 2) Adopt
Resolution No. PC-2024-709 approving Conditional Use Permit No. CD-CUP-
2024-0022 and finding the project exempt from the California Environmental
Quality Act (CEQA). (Staff: Sara Durghalli)
Item: 8.A.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: Sara Durghalli, Assistant Planner
DATE: 08/14/2024 Special Meeting
SUBJECT: Consider Resolution No. PC-2024-709, Approving Conditional Use
Permit No. CD-CUP-2024-0022 to Allow the Operation of an 1,858
Square-Foot Restaurant (Waba Grill) Within an Existing Shopping
Center (LA Spring Shopping Center), Located at 555 Los Angeles
Avenue; and Making a Determination of Exemption Pursuant to the
California Environmental Quality Act in Connection Therewith, on the
Application of Navareet Boparai.
STAFF RECOMMENDATION
1.Open the public hearing, accept public testimony, and close the public hearing;
and,
2.Adopt Resolution No. PC-2024-709 approving Conditional Use Permit No.
CD-CUP-2024-0022 and finding the project exempt from the California
Environmental Quality Act (CEQA).
PROJECT DESCRIPTION AND BACKGROUND
On July 1, 2024, Navareet Boparai submitted a Conditional Use Permit (CUP) application
to allow the operation of an 1,858 square-foot restaurant (Waba Grill) within an existing
shopping center (LA Spring Shopping Center), located at 555 Los Angeles Avenue (see
Attachment 2- Aerial Map).
The LA Spring Shopping Center was originally a single parcel that was subdivided
multiple times and developed in separate phases. The first development was a
McDonald’s (CPD No. 92-2) on the westernmost parcel, followed by the construction of a
7,258-square-foot building anchored by Blockbuster Video on the easternmost parcel
(CPD No. 96-2), where the restaurant is now proposed. Infill development at the center
of the property (CPD No. 2002-01) occurred a few years later. While the center is
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08/14/2024 Special Meeting
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comprised of three separate properties, all lots share access, parking and related
improvements.
Pursuant to Section 17.20.060(B)(3)(a) of the Moorpark Municipal Code (MMC), a CUP
is required 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
in the Commercial Planned Development zone. The proposed restaurant is
approximately 20 feet from the nearest residentially-zoned property.
EXISTING AND SURROUNDING LAND USES
The proposed 1,858 square-foot restaurant (Waba Grill) would be located within an
existing commercial shopping center (LA Spring Shopping Center) located on the corner
of Los Angeles Avenue and Spring Road. The unit that the proposed restaurant would
occupy is currently vacant but was previously occupied by Sprint. The LA Spring
Shopping Center features a variety of businesses, including McDonalds, Starbucks,
AT&T, Sushi Planet, and SuperCuts, among others.
The surrounding area offers a blend of commercial and residential uses, featuring single-
family homes, multi-family residences, restaurants, and various retail businesses. The
following table summarizes the General Plan, Zoning, and existing land uses on the
subject property and within the vicinity.
Direction General Plan Zoning Land Use
Site Commercial Auto
(C-A)
Commercial Planned
Development (CPD)
LA Spring Shopping
Center
North Neighborhood High
(NH)
Multifamily
Residential (R-3)
Park Springs
Condominiums
South Neighborhood
Commercial (NH)
Commercial Planned
Development (CPD)
Chevron Gasoline
Station/Moorpark
Plaza Shopping
Center
East Neighborhood High
(NH)
Multifamily
Residential (R-3)
Moorpark Pines
Apartments
West Neighborhood Low
(NL)
Single Family
Residential (R-1)
Shopping Center,
Single Family
Residential
General Plan and Zoning Consistency:
The Commercial Auto (C-A) land use designation in the General Plan is intended to
provide a wide range of retail and service activities in consolidated centers with direct
access to major roads, arterials, and freeways. The site is also zoned Commercial
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Planned Development (CPD), supporting a diverse array of commercial retail and
business uses to supply goods and services to the surrounding community. The
proposed restaurant use aligns with the General Plan and Zoning designation, and is
consistent with the following General Plan goals and policies:
•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;
•Land Use Element Goal No. 14: Compatibility of New Commercial Uses: New
Commercial Development That Is Compatible with Surrounding Uses;
•Economic Development Element 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;
•Economic Development Element Goal No. 3: Commercial and Industrial Uses:
Thriving retail, office, and industrial businesses that foster local economic
prosperity.
Therefore, the proposed restaurant 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 General Plan and Commercial Planned
Development zone.
ANALYSIS
General Discussion:
The proposed 1,858 square-foot restaurant, Waba Grill, would employ between eight to
ten people, with an estimated two to three employees working each shift. The restaurant
will serve lunch and dinner, operating from 11:00 a.m. until 8:30 p.m., daily. The layout
is designed to accommodate approximately 44 customers inside. No outdoor seating or
entertainment is proposed.
Parking:
Pursuant to Section 17.32.020(C)(5) of the Moorpark Municipal Code shopping centers
with four or more tenants and over 25,000 square-feet are required to provide one off-
street parking space per 250 square feet of floor area that includes any combination of
retail, restaurant, and office uses. The proposed change of the existing space, from retail
to restaurant does not require additional off-street parking. The center, hosting 32,012
square feet of combined commercial space, currently exceeds the minimum parking
requirements under the current Code standard by 39 spaces, with a total of 169 parking
spaces.
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Moorpark Police Department:
The Moorpark Police Department has reviewed this application and has no concerns
regarding the proposed use. Their recommended conditions of approval have been
included in the draft resolution (Attachment 3).
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. The proposed use is consistent with the General
Plan, and zoning regulations applicable to the subject property. Therefore, the Director
has determined that the proposed project is categorically exempt from environmental
review, in accordance with Section 15301 of the CEQA Guidelines. No further
environmental documentation is required.
PROCESSING TIME LIMITS
Time limits have been established for the processing of development projects under the
Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the
Subdivision Map Act (Government Code Title 7, Division 2), and the California
Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13,
and California Code of Regulations, Title 14, Chapter 3). Under the applicable provisions
of these regulations, the following timelines have been established for action on this
project:
Date Application Filed: July 1, 2024
Date Application Determined Complete: July 17, 2024
Planning Commission Action Deadline: September 14, 2024
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Honorable Planning Commission
08/14/2024 Special Meeting
Page 5
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 August 1, 2024.
2. Mailing. The notice of the public hearing was mailed on August 1, 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 July 30, 2024.
ATTACHMENTS
Attachment 1: Aerial Map
Attachment 2: Site Plan, Floor Plan and Renderings
Attachment 3: Draft Resolution with Conditions of Approval
5
Aerial Map - Waba Grill (555 Los Angeles Ave, APN# 512-0-180-100)
1" = 141 ft CD·CUP-2024-0022 07/24/2024
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.
PC ATTACHMENT 1 6
1ENLARGED SITE PLAN1/16"=1'-0"SCALE:NSTAMPDRAWN BYSHEET CONTENTSHEET NOISSUE DATE / REVISIONS:ADCHECK BYADRDESIGNER1005 E. Las Tunas Drive, Suite 205, San Gabriel,California 91776Email: arch.officedirector@gmail.com555 New Los Angeles Ave.,Moorpark, CA 93021PROJECT NAME/ADDRESS:ENGINEERKwei Consulting Engineers, Inc.811 Wilshire Blvd., Suite #1700,Los Angeles, CA 90017DESIGN, LLCENLARGED SITE PLANA-0.0TABLE 508.4NEW LOS ANGELES AVE.2A-0.1(E)BUILDING (NOTAPART) (E)BUILDING (NOTAP>.RT) PC ATTACHMENT 27
STAMPDRAWN BYSHEET CONTENTSHEET NOISSUE DATE / REVISIONS:ADCHECK BYADRDESIGNER1005 E. Las Tunas Drive, Suite 205, San Gabriel,California 91776Email: arch.officedirector@gmail.com555 New Los Angeles Ave.,Moorpark, CA 93021PROJECT NAME/ADDRESS:ENGINEERKwei Consulting Engineers, Inc.811 Wilshire Blvd., Suite #1700,Los Angeles, CA 90017DESIGN, LLCACCESSIBLE KEY NOTES12312345678N9101112131415FLOOR PLANCOLORFINISHMATERIALC E I L I N GCOLORW A L L SMATERIAL FINISHHT.FLOORROOM DESCRIPTIONROOM FINISH SCHEDULEROOM NUMBERROOM NAMEBASEREMARKSHARDWARELITECORETHKFACE/EDGEFRAMESIZEDESCRIPTIONDOOR SCHEDULEMFGNO.W1W2W3DESCRIPTIONNO.WALL SCHEDULE WALL LEGEND DOOR TYPESW431424124KEYNOTES3100101W5W61617BUILDING DIVISION NOTES18192021A-1.0G.C. NOTESFSFSFDFSFDFD121A-2.01002A-2.01A-2.13A-2.02A-2.11A-2.22A-2.21A-2.32A-2.33A-2.3100DININGAREA102SERVICEAREA103KITCHEN AREA104WAREWASHING AREA105STORAGEAREA106MANAGER'SSTATION107WALK-INCOOLER108ALL-GENDERRESTROOM101BEVERAGEAREA3A-2.2W2W1W2W2W2W1W1W1W3W3W3W6W6W1W1W3W3W3W3W6W5W1W4W4W4W43334455678910111111112131414181920211A-2.44A-2.315110103222210010100 0 I t-----------i ! 0 MAN,l,GER"SSTATION 107 WAUHNCOOLER AL.1.-GENOERRESTROOM Q =~A;C~ ~EP~ B~J~~/ 3/6" QCL,oSSXFIRE-RATrDCEJUNGPANEL ALI.FINISHESSPECIFIEDAAEFORPERFORIAANCE.EQIJAI.W\NI.JfACTllRERSMAY B PROVIDED W/ M'PROVAL FROM AACI-ITECT " " > ~ ~ ~ §g • ... ~ ~ ; ~~ ~ i g~ ~ $ 0 0 " l I e . §§ ' ~ "~ i ~si !;1: ~ I; ~ ., 0 • u • I id ~ ~-3 ~ OOTr,INTrRIORWAl.lANOCEIUNGFINISf£S SfW.l.BEQASSIFIEOl'IN:COR~CEWIH OO"Jf;OIJAAR'YTUFLOOROFUNDEREOIJIPMEm ~TOBESMOOJli. 0 ~c TILI ~ Sf\lJ.l. BE 6" w/ 3/8" QPA1mf1NISHINTI-IER£STROOM.KITCl£N, SERVICEAN0DRYFOODSTORN::E;USEP-1 ll.TRAPUREWHIE1B50!fl'IEiR.OR ~~~~( ~~ GRIil CORPORATE. ~~/':3 s::~T tlro.9. FIRE SD.f-CLOSING.MIN.10"KICKP1.ATE 13/4" SEL.F-CLOSING.10"KICKP1.ATE c::====::J-~:~G WALL TO ~-NEW LOW WALl. ◊ ~1,!·~ :· T~~8~~-~i WAil W/ 5/8" TYPE "x" GYP. BO. ON ll(ffij SIDES ~-NEWNON-BOOINGWALl. ~-Wi'Ll(-INBOXPANEL ◊ ~rrs~· ;,.:RP~~1tp ~60 4:~:~RING W/ 5/8" TYPE "x" GYP. BO. ON EXPOSED ◊ ~ ... ~E~ Mu1:: ~-wzt"r? 5/8" TYPE Y GYP, BO. ON BOTH Sl[)[S Q(E)DOORTORElilAIN Q(E)STOREFRONTWiNDOWTORElilAIN QPROTEINWAUGRAPHICS QBEHEAI.THYW.UGfW'HICS. Q1,;2",2"METALFRAIIEPAATITTON.SEEELEVATIONS Q,,;2·.rv1.0COMETA1.F'RAMEPAATITIONATCOMMUNALT"81.E QcouNTERMllWORKAT~"HIGHA.f.f. QTYPE-IEXHAUSTHOOD QACCESSIEILERESTROOMDOORSIGNN,E QACCESSIBLESEATINGATJ4"MAl(.HEIGHTA.f.f 0 ~~~Al. MENU BOAA:DS -G.C. TO ATTACH TO THE WAil WITH QEXISTINGELECTRICALPANEL l-------------------------------,O=Ri1:v.Av>Jjp~f~TTO ,I.DO SHELF"80\IE FOR COMPUTER 2 THE STREIT,',OORESSANO NUMBER SflAl.l. BE VISIBLE AT THE SITE BEFORE THE fRST INSPECTION. A MINIMUM Of TWELVE INCHES [bUi_ T~E w~,:iE:oSTi:DAR~ INCl£S (1lfl PRINCIPAL STROKE WllTH, AND BE INTERWUY OR EXTER~Y ILLUMINATED PER 1 G.C.TOmDVERIFYEXISTINGSITE CONDITIONPRIORTOEIODINCTHEPROJECT. 2 G.C.TOPATCH.REPAIR&REFURBISHTHE EXISTING W41.L FLOOR & CEUNG FINISH AT THE KrTCHEN. WASHING & STORAGE AREA >S NEEDED OR OWNER'S INSTRUCTION J G.C. TO PROVIDE N'-JO INSTAU CUSTOM METAL WAU CAPS N'-JO CORNER GU.-IR0S ----,£-,\ 2"METALCAJ'/f·'"" ----1..J AROUND OPENING ~PAINTEDP-6 _JI...._, INSTAl.l.FRPCORNER =cJ1w/MQl.l)ING ~ PASS-THROUGHWINOQWWTTJjHE,l,T-RESISTANTTEMPEREOGLASS. 6" CONC. CURB w/ OUl,RRY TH ~ w/ 3/8" R CCM AROUND CURB NOTUSED QNOTUSED QPORTABI.EFIREEXTINGIJISHER.MINIMUM2A:10B:C(PERNFPA10) 0 ~~~~~:EN~~~~illJIS~J;.l~~ THAT J\j[ FIREPROTECTIONSYSTEMSHAl.l.BEACTIVATEOPRIORTOUSING J\jEPORTA!l..EFIREEXTINGUISHER.2022CfC,SECTlON906.2 o~UAI.ACTIVATIONDEVICE.MOUNTED42"T048"A.f.f. O6"HIGHS.S.SPLASHGUNlDFROMBACKTOFHONTOfSINK. 0 TACTILEEXrTSIGNW/WQR0S"EXrr" OACCESSIBLEENTR,1,NCESIGN Q"THISOOORISTOREMIJNUNLOCKEDWHENTHISSP.I.CEISOCCUPIED" II 11 EB FLOOR PLAN SDU: ,;,·-r-o· fJ"..iiil KWEI CONSULTING ~ ENGINEERS, INC. 8
STAMPDRAWN BYSHEET CONTENTSHEET NOISSUE DATE / REVISIONS:ADCHECK BYADRDESIGNER1005 E. Las Tunas Drive, Suite 205, San Gabriel,California 91776Email: arch.officedirector@gmail.com555 New Los Angeles Ave.,Moorpark, CA 93021PROJECT NAME/ADDRESS:ENGINEERKwei Consulting Engineers, Inc.811 Wilshire Blvd., Suite #1700,Los Angeles, CA 90017DESIGN, LLCKEYPLANVIEW 3VIEW 2VIEW 1VIEW 4VIEW 512453INTERIOR RENDERINGSA-5.0FS"W"WALK-IN COOLERFSDINING AREADINING AREABEVERAGESTATIONFDFSFDSERVICE AREAKITCHEN/ PREPAREAWAREWASHINGAREAALL-GENDERRESTROOMEXISTING ELECTRICALROOM(NOT PART)EXIST. ROOF ACCESS(NOT PART)FDrr:..iiill KWEI CONSULTING Lai.:!11 ENGINEERS, INC. 9
RESOLUTION NO. PC-2024-709
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT CD-CUP-2024-0022 TO ALLOW THE OPERATION OF A
1,858 SQUARE-FOOT RESTAURANT (WABA GRILL) WITHIN AN
EXISTING SHOPPING CENTER (LA SPRING SHOPPING
CENTER), LOCATED AT 555 LOS ANGELES AVENUE; AND
MAKING A DETERMINATION OF EXEMPTION PURSUANT TO
CALIFORNIA ENVIRONMENTAL QUALITY ACT IN CONNECTION
THEREWITH, ON THE APPLICATION OF NAVAREET BOPARAI.
WHEREAS, on July 1, 2024, an application for Conditional Use Permit (CUP)
CD-CUP-2024-0022 was filed by Navareet Boparai to allow operation of a 1,858 square-
foot restaurant, within an existing shopping center (LA Spring Shopping Center), located
at 555 Los Angeles Avenue; and
WHEREAS, at duly noticed public hearings on August 14, 2024, the Planning
Commission considered CD-CUP-2024-0022, 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 Planning Commission concurs with the Community Development
Director’s determination that CUP CD-CUP-2024-0022 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 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, 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. Therefore, the
proposed project is categorically exempt from environmental review, in accordance with
Section 15301 of the CEQA Guidelines. No further environmental documentation is
required.
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:
PC ATTACHMENT 3 10
Resolution No. PC-2024-709
Page 2
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 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, and General Plan Land Use Element Goal No 14: New commercial
development that is compatible with surrounding land uses; 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 use does not conflict with and supports those existing
uses within the shopping center;
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 proposed
regarding the operation, design, parking, and circulation associated with the
proposed use; and
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 that the operation of this facility is compatible with the surrounding
commercial uses.
SECTION 3. PLANNING COMMISSION APPROVAL: The Planning Commission
herby approves Conditional Use Permit CD-CUP-2024-0022 subject to the Conditions of
Approval found 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:
11
Resolution No. PC-2024-709
Page 3
AYES:
NOES:
ABSTAIN:
ABSENT:
PASSED, AND ADOPTED this 14th day of August, 2024.
Chris Barrett
Chair
Doug Spondello, AICP
Community Development Director
Attachment:
Exhibit A – Conditions of Approval
12
Resolution No. PC-2024-709
Page 4
EXHIBIT A
CITY OF MOORPARK CONDITIONS OF APPROVAL
Project Approval Date:
Expiration Date:
Location: 555 Los Angeles Avenue
Entitlements: Conditional Use Permit No. CD-CUP-2024-0022
Project Description: Allow the Operation of a 1,858 Square-Foot Restaurant (Waba
Grill) Within an Existing Shopping Center (LA Spring Shopping Center), Located at 555
Los Angeles Avenue.
General Conditions of Approval
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 of this
Permit:
1. Within 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. This permit is granted for the plans associated with the application, on-file with the
Community Development Department. The project shall conform to the plans,
except as otherwise specified in these conditions. [CDD]
3. 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]
4. 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
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Resolution No. PC-2024-709
Page 5
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]
5. 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]
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]
Department Specific - Conditions of Approval
7. 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 an application for a Modification consistent
with the requirements of the zone and any other adopted ordinances, specific
plans, landscape guidelines, or design guidelines. [CDD]
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. [CDD]
9. All other conditions of approval of Development Plan Permit No. 96-2 shall
continue to apply, except as revised herein.
10. 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.
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Resolution No. PC-2024-709
Page 6
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]
11. Prior to issuance of a Zoning Clearance, the 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]
12. Approval of a Zoning Clearance is required prior to the issuance of Building
Permits. [CDD]
13. Prior to the issuance of a Zoning Clearance for tenant occupancy, the prospective
tenant shall submit a Business Registration application with the City of Moorpark.
All contractors doing work in Moorpark shall have or obtain a current Business
Registration. [CDD]
14. 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]
15. Areas inside the establishment open to the public must be illuminated sufficiently
to allow the identification of persons. [CDD]
16. 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]
17. 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]
18. The proprietor shall reimburse the City of Moorpark for any additional police or
other costs incurred by the City as a result of operations of the business, including
15% overhead on any such services. [CDD]
19. A comprehensive security plan must be submitted to the Police Department. This
plan should include detailed information about motion detection systems, burglary
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Resolution No. PC-2024-709
Page 7
or intrusion alarm systems, glass break sensors, and surveillance cameras
installed within the business location. [MPD]
20. Any construction materials outside the building due to T.I. work must be properly
screened and fenced off. [PW]
21. If construction materials will be stored outside of the building a Stormwater
Pollution control Plan must be submitted. [PW]
22. There shall be no construction work in the public right-of-way without an approved
Encroachment Permit from Public Works. [PW]
[END]
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