HomeMy WebLinkAboutAGENDA REPORT 2024 0814 PC ITEM 08BCITY OF MOORPARK, CALIFORNIA
Planning Commission Meeting
of August 14, 2024 Item: 8.B.
ACTION: Approved Staff Recommendation,
Including Adoption of Resolution
No. PC-2024-710.
BY: J. Lugo
A. Consider Resolution No. PC-2024-710, Approving Conditional Use Permit No.
CD-CUP-2024-0023, to Allow the Production, Tasting, and Sale of Wine for Off-
Site Consumption Within a 980 Square-Foot Tenant Space in an Existing Multi-
tenant Commercial Building (Dexmoor Center), Located at 111 Poindexter
Avenue, Suite D, and Making a Determination of Exemption Pursuant to the
California Environmental Quality Act (CEQA) in Connection Therewith, on the
Application of Peter Clausen (Friendly Noise Wines and Ciders). Staff
Recommendation: 1) Open the public hearing, accept public testimony, and close
the public hearing; and 2) Adopt Resolution No. PC-2024-710 approving
Conditional Use Permit No. CD-CUP-2024-0023 and finding the project Exempt
from the California Environmental Quality Act (CEQA). (Staff: Sara Durghalli)
Item: 8.B.
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-2024-710, Approving Conditional Use
Permit No. CD-CUP-2024-0023, to Allow the Production, Tasting, and
Sale of Wine for Off-Site Consumption Within a 980 Square-Foot
Tenant Space in an Existing Multi-tenant Commercial Building
(Dexmoor Center), Located at 111 Poindexter Avenue, Suite D, and
Making a Determination of Exemption Pursuant to the California
Environmental Quality Act (CEQA) in Connection Therewith, on the
Application of Peter Clausen (Friendly Noise Wines and Ciders)
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony, and close the public hearing;
and,
2. Adopt Resolution No. PC-2024-710 approving Conditional Use Permit No.
CD-CUP-2024-0023 and finding the project Exempt from the California
Environmental Quality Act (CEQA).
PROJECT DESCRIPTION AND BACKGROUND
On June 28, 2024, Peter Clausen (for Friendly Noise Wines and Ciders) submitted a
Conditional Use Permit (CUP) application to allow the production, tasting, and sale of
wine for off-site consumption within a 980 square-foot tenant space of an existing 11,492
square-foot commercial building (Dexmoor Center), located at 111 Poindexter Avenue,
Suite D. The proposed use includes an area for wine production, tasting area and the
sale of wine for off-site consumption. No food service is proposed with this application.
Pursuant to Section 17.20.060.B.2 The Zoning Ordinance of the Moorpark Municipal
Code (MMC), a CUP is required to allow the operation of wineries/tasting rooms (with or
without entertainment, and outdoor seating) in the General Commercial (C-2) zone.
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On February 22, 1979, the County of Ventura approved Development Plan Permit
No. 205, for the construction of the subject building. On April 5, 2012, the Community
Development Director approved Permit Adjustment No. 1 to Development Permit No. 205,
to allow façade improvements to the existing building.
EXISTING AND SURROUNDING LAND USES
The proposed 980 square-foot winery/tasting room will be located within an existing
11,492 square-foot, single-story, multi-tenant commercial building, known as the
Dexmoor Center, located east of Moorpark Avenue, on Poindexter Avenue. The suite is
currently vacant and was previously occupied by a fitness studio, LX Fitness.
The center hosts a mix of uses, including offices, retail sales, a martial arts studio, a
barbershop, and another winery in the adjacent building (Cavaletti Vineyards). The
property is also developed with 37 on-site parking spaces, as well as loading facilities,
and associated improvements. The following table summarizes the General Plan, zoning,
and existing land uses on the subject property and vicinity.
Location General Plan Zoning Existing Land Use
Project Site Commercial Auto
(C-A)
General Commercial
(C-2)
Commercial
Building
North Light Industrial (l-1) Industrial Park (M-1)
Ventura County
Transportation
Commission Yard
South
Medium Density
Residential
(4 DU/AC)
Single-Family
Residential (R-1) Residential Homes
East Downtown Specific
Plan
Mixed Use Low
(MUL) Vacant Building
West Light Industrial (l-1) Industrial Park (M-1) Light Industrial
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, General
Commercial (C-2), supporting areas for shopping and personal services not limited to
meet the daily needs of the immediate neighborhood. The proposed winery/tasting room,
including the production, tasting, and retail sale of wine for off-site consumption aligns
with the Zoning designation’s objectives, and is consistent with the following General Plan
goals and policies:
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• 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;
• 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.
Therefore, the proposed winery/tasting room, including the sale of wine, 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 General Commercial zone.
ANALYSIS
General Discussion:
The proposed 980 square-foot winery/tasting room plans to employ two people with both
employees working each shift. Wine production will take place indoors during the hours
of 7:00 a.m. to 8:00 p.m., Monday to Thursday. The tasting and retail area will be open to
the public Friday through Sunday, from 11:00 a.m. to 10:00 p.m.
The layout is designed to accommodate approximately 10 customers inside. Interior
improvements proposed include a retail counter, an area for wine storage, and barrels for
fermentation and aging. The proposed winery’s tasting and retail area will occupy
approximately 98 square feet immediately inside of the public entrance, along Poindexter
Avenue. The Building Code limits the wine tasting area to a maximum of 10% of the
tenant space, due to occupancy regulations. The production of wine would likely not
result in any impacts to adjacent tenants, particularly in light of the small-scale proposed
and with the inclusion of the conditions of approval noted in the draft resolution
(Attachment 3).
After bottling, 80 to 90 percent of the wine produced is sent to a licensed wine storage
facility in Oxnard and is then distributed by the Applicant. The remaining 10 to 20 percent
will stay on-site for tasting and retail sales. In order for Moorpark to gain sales tax
revenues from this use, a condition of approval has been added for the applicant to
provide a copy of their Seller’s Permit issued by the California Department of Tax and
Fee Administration (CDTFA) identifying Moorpark as the point-of-sale for retail sales and
wine club memberships. In addition, applicant will need to submit a letter, on business
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letterhead, certifying that all retail sales generated will be properly reported to the CDTFA
as occurring within the City of Moorpark.
Parking:
According to Section 17.32.020 of the MMC, one parking space is required for every 300
square feet of retail floor area, one parking space for every 500 square feet of production
area, and one parking space for every 100 square feet of tasting area, with a minimum of
10 parking spaces for the tasting area. The applicant is proposing an 882 square-foot
area for wine production and a 98 square-foot area for wine tasting and retail sales.
Although the Code requires 10 parking spaces for tasting and retail sales, the proposed
uses will only occupy a 98 square-foot area within the tenant space, which can be
considered ancillary to the primary wine production use (882 square feet). Additionally,
the tasting area size is limited to a maximum of 10% of the space (98 square feet) by
Building Code occupancy requirements. Therefore, a total of three off-street parking
spaces are required for the proposed use.
Previously, the space was used as a fitness studio that hosted small group workout
sessions, which required significantly more parking than the proposed winery use. The
proposed change of the existing space, from a fitness center to a winery does not require
additional off-street parking. Therefore, the proposed uses will be adequately served by
the existing 37 parking spaces on-site.
Alcohol License Type:
The Applicant has applied for a Type 02 (Winegrower) license with the California
Department of Alcoholic Beverage Control Board (ABC). This license authorizes the
production and sale of wine by wineries. A winegrower must have facilities and equipment
for the conversion of fruit into wine and engage in the production of wine. In addition,
Federal Alcohol and Tobacco Tax and Trade Bureau (TTB) regulations permit a
winegrower to use the facilities and equipment of another winegrower to produce wine,
referred to as an “alternating proprietorship.” Separate winegrower licenses are issued
to each legal entity manufacturing wine under its own bonded winery permit.
Alcohol Concentration:
Census Tract 76.11 has three existing wineries—Lucas Sellers Wine, Atost, and Cavaletti
Vineyards—with Type 02 (Winegrower) licenses that allow wine tasting and retail sales.
There are also three other Type 02 licenses for wine manufacturing under “alternating
proprietorship, but these are not authorized for wine tasting or retail sales.
The City has not adopted local standards for undue concentration and therefore follows
the ABC's guidelines for determining the concentration of on-sale or off-sale alcohol
licenses. The ABC counts these businesses by census tract and sets a target number
based on the population to identify undue concentration. If a new Alcohol License causes
a tract to exceed this target, the local jurisdiction must make a finding determining the
public convenience or necessity before the ABC will issue the license. Type 02
(Winegrower) Licenses are not classified as on-sale or off-sale licenses, so they are not
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subject to review for potential undue concentration. As a result, there is no potential for
an undue concentration proposed with this request.
Moorpark Police Department:
The Police Department has reviewed the application and has no concerns regarding the
operation. 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 winery with the production, tasting, and sale of wine for off-site
consumption. 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: June 28, 2024
Date Application Determined Complete: July 23, 2024
Planning Commission Action Deadline: September 21, 2024
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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 and Floor Plan
Attachment 3: Draft Resolution with Conditions of Approval
22
Friendly Noise Wines & Ciders - 111 Poindexter Avenue, Suite D
PC ATTACHMENT 1 23
1"=55ft APN#511-0-090-060 07/02/2024
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 224
25
RESOLUTION NO. PC-2024-710
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT NO. CD-CUP-2024-0023, TO ALLOW THE PRODUCTION,
TASTING, AND SALE OF WINE FOR OFF-SITE CONSUMPTION
WITHIN A 980 SQUARE-FOOT TENANT SPACE IN AN EXISTING
MULTI-TENANT COMMERCIAL BUILDING (DEXMOOR CENTER),
LOCATED AT 111 POINDEXTER AVENUE, SUITE D, AND MAKING
A DETERMINATION OF EXEMPTION PURSUANT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) IN
CONNECTION THEREWITH ON THE APPLICATION OF PETER
CLAUSEN
WHEREAS, on June 28, 2024, an application was filed by Peter Clausen for a
Conditional Use Permit (CUP) No. CD-CUP-2024-0023, to allow the production, tasting,
and sale of wine for off-site consumption within a 980 square-foot tenant space in an
existing multi-tenant commercial building (Dexmoor Center), located at 111 Poindexter
Avenue, Suite D; and
WHEREAS, at a duly noticed public hearing on August 14, 2024, the Planning
Commission considered CUP No. CD-CUP-2024-0023, 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 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 for the production, tasting, and sale of wine for off-site consumption.
There is no substantial evidence that the project will have a significant effect on the
environment in that the site has already been developed. 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.
PC ATTACHMENT 3 26
Resolution No. PC-2024-710
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 other applicable regulations in that wineries and tasting areas
are conditionally permitted within the General Commercial (C-2) zone. The
proposed use is also consistent 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; 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;
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 the winery, office space,
retail stores, martial arts studio, and barbershop located within the center;
C. The proposed use, is compatible with the scale, visual character, and design of
surrounding properties in that there will be no changes to the exterior of the building
as a result of the application;
D. The proposed use would not be obnoxious or harmful, or impair the utility of
neighboring property or uses in that the production and tasting of wine will take
place indoors without any impacts beyond confines of the tenant space; and
E. The proposed use would not be detrimental to the public health, safety,
convenience, or welfare in that the production and tasting of wine and sale of wine
for off-site consumption is compatible with the surrounding uses.
SECTION 3. PLANNING COMMISSION APPROVAL: the Planning
Commission herby approves CUP No. 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.
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Resolution No. PC-2024-710
Page 3
The action of the foregoing direction was approved by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
PASSED, AND ADOPTED this 14th day of August, 2024.
Chris Barret
Chair
Doug Spondello, AICP
Community Development Director
Attachment:
Exhibit A – Conditions of Approval
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Resolution No. PC-2024-710
Page 4
EXHIBIT A
CITY OF MOORPARK CONDITIONS OF APPROVAL
Project Approval Date:
Expiration Date:
Location: 111 Poindexter Avenue Suite D
Entitlements: Conditional Use Permit No. CD-CUP-2024-0023
Project Description: Allow the Production, Tasting, and Sale of Wine for Off-site
Consumption Within a 980 Square-Foot Tenant Space in an Existing Multi-tenant
Commercial Building (Dexmoor Center), Located at 111 Poindexter Avenue, Suite D
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:
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. 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
66499.37 or other sections of state law as applicable and any provision
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Resolution No. PC-2024-710
Page 5
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.
9. Any increase in floor area, beyond what is approved under this permit, requires an
additional permit adjustment or modification. The Community Development
Director may approve a minor expansion of the tasting area if the tenant receives
approval for a change in building occupancy (with/without) a permit adjustment, or
modification. [CDD]
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Resolution No. PC-2024-710
Page 6
10. All other conditions of approval of Development Plan Permit No. 205 shall continue
to apply, except as revised herein.
11. This Conditional Use Permit expires two years from the date of its approval unless
a building permit or zoning clearance for occupancy has been issued for this use.
The 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]
12. 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]
13. Approval of a Zoning Clearance is required prior to the issuance of Building
Permits. [CDD]
14. 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]
15. All necessary permits must be obtained from the Building and Safety Department
and all construction shall be in compliance with the Moorpark Building Code and
all other applicable regulations. [CDD]
16. A separate sign permit application is required for all proposed signs, which are
subject to the review and approval of the Community Development Director. [CDD]
17. All exterior areas of the site, including parking areas under use by the facility, must
be maintained free of litter and debris at all times. [CDD]
18. Areas inside the establishment open to the public must be illuminated sufficiently
to allow the identification of persons. [CDD]
19. The winery must correct any safety or security problem within three days upon
written notice of such a problem from the Moorpark Police Department. [CDD]
20. Trash, recycling and potential food waste services must be provided by the City’s
franchised waste hauler, Waste Management. Services may be set up by calling
(805) 522-9400. Use of any other third-party waste hauler is prohibited. [CDD]
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Resolution No. PC-2024-710
Page 7
21. 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]
22. No outdoor storage is allowed under this approval. Any request for outdoor
storage shall be subject to the application requirements in place at the time of such
request. [CDD]
23. A comprehensive security plan must be submitted to the Police Department. This
plan should include detailed information about motion detection systems, burglary
or intrusion alarm systems, glass break sensors, and surveillance cameras
installed within the business location. [MPD]
24. Any construction materials outside the building due to T.I. work must be properly
screened and fenced off. [PW]
25. If construction materials will be stored outside of the building a Stormwater
Pollution control Plan must be submitted. [PW]
26. There shall be no construction work in the public right-of-way without an approved
Encroachment Permit from Public Works. [PW]
Alcohol Specific - Conditions of Approval
27. No employee shall sell any alcoholic beverages to any person under 21 years of
age. [CDD]
28. 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]
29. 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. [CDD]
30. Other than a business sign in conformance with Chapter 17.40 of the Zoning
Ordinance, 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 wine that are clearly visible to the exterior shall constitute a violation of
this condition. [CDD]
31. The business shall maintain records for completion of the Responsible Beverage
Service (RBS) Training Program and related ABC Alcohol Server issued
certificates for all employees supervising the sale of alcoholic beverage. [CDD]
[END]
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