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HomeMy WebLinkAboutRES PC 2024 709 2024 0814RESOLUTION 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: 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: Resolution No . PC-2024-709 Page 3 AYES : Commissioner Alva , Hamalainen , Landis , and Chair Barrett NOES : ABSTAIN: ABSENT : Commissioner Di Cecco PASSED , AND ADOPTED this 14 th day of August , 2024 . Chair Doug Spondello, AICP Community Development Director Attachment: Exhibit A -Conditions of Approval 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. [COD] 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. [COD] 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. [COD] 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 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: 1. 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. [COD] 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. [COD] 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. [COD] 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. [COD] 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. [COD] 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. 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. [COD] 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. [COD] 12. Approval of a Zoning Clearance is required prior to the issuance of Building Permits. [COD] 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. [COD] 15. Areas inside the establishment open to the public must be illuminated sufficiently to allow the identification of persons. [COD] 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. [COD] 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. [COD] 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. [COD] 19. A comprehensive security plan must be submitted to the Police Department. This plan should include detailed information about motion detection systems, burglary 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]