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HomeMy WebLinkAboutRES PC 2024 710 2024 0814RESOLUTION 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 MUL Tl-TENANT COMMERCIAL BUILDING (DEXMOOR CENTER), LOCATED AT 111 POINDEXTER AVENUE, SUITED, 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. 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. Resolution No . PC-2024-710 Page 3 The action of the foregoing direction was approved by the following vote : AYES: Commissioner Alva, Hamalainen , Landis , and Chair Barrett NOES : ABSTAIN: ABSENT: Commissioner Di Cecco PASSED , AND ADOPTED this 14 th day of August, 2024. Chris Barret Chair Doug pondello , AICP Community Development Director Attachment: Exhibit A -Conditions of Approval Resolution No. PC-2024-710 Page4 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. [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 66499.37 or other sections of state law as applicable and any provision 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. [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. 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. [COD] 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. [COD] 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. [COD] 13. Approval of a Zoning Clearance is required prior to the issuance of Building Permits. [COD] 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. [COD] 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. [COD] 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. [COD] 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. [COD] 18. Areas inside the establishment open to the public must be illuminated sufficiently to allow the identification of persons. [COD] 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. [COD] 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. [COD] 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. [COD] 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. [COD] 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. [COD] 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. [COD] 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. [COD] 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. [COD] 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. [COD] [END]