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HomeMy WebLinkAboutAG RPTS 2008 0422 PC REGPLANNING COMMISSION REGULAR MEETING AGENDA April 22, 2008 7:00 P.M. Resolution No. 2008 -531 Moorpark Community Center 799 Moorpark Avenue 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: 5. PUBLIC COMMENT: 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:. 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS AND REPORTS ON MEETINGS /CONFERENCES ATTENDED BY THE COMMISSION: (Future agenda items are tentative and are subject to rescheduling.) A. Special Joint Meeting with City Council on April 23, 2008, at 7:45 p.m. B. May 27, 2008 Planning Commission Meeting: CUP No. 2008 -02 (T- Mobile) All writings and documents provided to the majority of the Commission regarding all agenda items are available for public inspection at the City Hall public counter located at 799 Moorpark Avenue during regular business hours. The agenda packet for all regular Commission meetings is also available on the City's website at www.ci.mooroark.ca.us. Any member of the public may address the Commission during the Public Comments portion of the Agenda, unless it is a Public Hearing or a Discussion item. Speakers who wish to address the Commission concerning a Public Hearing or Discussion item must do so during the Public Hearing or Discussion portion of the Agenda for that item. Speaker cards must be received by the Secretary for Public Comment prior to the beginning of the Public Comments portion of the meeting; for a Discussion item, prior to the Chair's call for speaker cards for each Discussion agenda item; and for a Public Hearing item, prior to the opening of each Public Hearing, or beginning of public testimony for a continued hearing. A limitation of three minutes shall be imposed upon each Public Comment and Discussion item speaker. A limitation of three to five minutes shall be imposed upon each Public Hearing item speaker. Written Statement Cards may be submitted in lieu of speaking orally for open Public Hearings and Discussion items. Any questions concerning any agenda item may be directed to the Community Development/Planning office at 517 -6233. Regular Planning Commission Meeting Agenda April 22, 2008 Page 2 8. PUBLIC HEARINGS: (next Resolution No. PC- 2008 -531) A. Consider Conditional Use Permit (CUP) No 2008 -01 a Request to Allow a Full Service Restaurant and Sports Bar (Jekyll and Hyde's Restaurant) with Sale and Service of Liquor Including Beer and Wine (Type 47) License with Proposed Hours of Operation from 6:00 A.M. to 2:00 A.M. _Located at 75 — 79 High Street on the Application of Joe Zepeda Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; 2) Adopt Resolution No. PC -2008- conditionally approving Conditional Use Permit No. 2008 -01. (Staff: Joseph Fiss) 9. DISCUSSION ITEMS: A. Consider the Draft Seven Year Capital Improvement Program (CIP) for Streets and Roads for FY 2007/08 — FY 2013/14 Staff Recommendation: Find the subject draft Seven Year Capital Improvement Program for Streets and Roads to be in conformity with the Moorpark General Plan. (Staff: Yugal Lail) B. Consider Scheduling of a Summer Meeting Recess to Coordinate with City Council Recess Staff Recommendation: Direct staff to post a notice of meeting cancellation for the July 22, 2008 regular meeting. (Staff: David Bobardt) 10. CONSENT CALENDAR: A. Consider Approval of the Regular Meeting Minutes of February 26 2008 Staff Recommendation: Approve the minutes. 11. ADJOURNMENT: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, including auxiliary aids or services, please contact the Community Development Department at (805) 517 -6233. Upon request, the agenda can be made available in appropriate alternative formats to persons with a disability. Any request for disability- related modification or accommodation should be made at least 48 hours prior to the scheduled meeting to assist the City staff in assuring reasonable arrangements can be made to provide accessibility to the meeting (28 CFR 35.102- 35.104; ADA Title II). SACommunity Development \COMMISSION\HGENDA\2008 \08 0422_agn.doc STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss CITY OF MOORPARK ) AFFIDAVIT OF POSTING AGENDA I, Joyce R. Figueroa, declare as follows: That I am the Administrative Assistant of the City of Moorpark and that an agenda of the Regular Meeting of the Moorpark Planning Commission to be held on Tuesday, April 22, 2008, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on April 18, 2008, at a conspicuous place at the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California. declare under penalty of perjury that the foregoing is true and correct. Executed on April 18, 2008. om � 0, R , I A h fto J4y—cg R. Figueroa, Administrative Assistant SACommunity Development \COMMISSION\AGENDA\2008 \08 0422_aop.doc ITEM: 8.A. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: David A. Bobardt, Planning Director Prepared by Joseph Fiss, Principal kannei, DATE: April 4, 2008 (PC Meeting of 04/22/08) SUBJECT: Consider Conditional Use Permit (CUP) No. 2008 -01, a Request to Allow a Full Service Restaurant and Sports Bar (Jekyll and Hyde's Restaurant) with Sale and Service of Liquor, Including Beer and Wine (Type 47) License with Proposed Hours of Operation from 6:00 A.M. to 2:00 A.M., Located at 75 — 79 High Street on the Application of Joe Zepeda BACKGROUND A Conditional Use Permit application was filed on January 23, 2008, to allow a full service restaurant and sports bar (Jekyll and Hyde's Restaurant) with sale and service of liquor, including beer and wine (Type 47) license with proposed hours of operation from 6:00 a.m. to 2:00 a.m. located at 75 — 79 High Street. Live entertainment is not a part of this permit. DISCUSSION Project Setting Existing Site Conditions: The existing site is located on the northwest corner of High Street and Walnut Avenue. The site is improved with two small buildings; a produce market and a multi- tenant retail building, which houses the space for the proposed use. A small parking lot serves both buildings. Previous Applications: Administrative Permit (AP) No. 97 -22, was approved on February 6, 1998, and allowed for the on -site sale of beer and wine at 75 -79 High Street. Subsequently, Conditional Use Permit (CUP) No. 98 -02, approved on August 19, 1998, allowed for expansion of this business, into 95 High Street, for nightclub purposes (El Rodeo Restaurant). CUP 98 -02 was withdrawn by the applicant on January 13, 1999. AP 97 -22 carried over to the subsequent operator of the business (Old Town Bakery), but has since expired due to lack of continuous operation. The discontinuance for a period of one hundred eighty (180) or more days of a conditionally permitted use constitutes abandonment and termination of the status of the use. 00000. Honorable Planning Commission April 22, 2008 Page 2 GENERAL PLAN /ZONING Direction General Plan Zoning Land Use Site Old Town Commercial C -OT: Old Town Vacant Commercial (Downtown Specific Plan) Commercial Space North Medium Density Residential R-1: Single Family Legal Nonconforming (Downtown Specific Plan) .... ...._ Residential ......... Parking Lot South Old Town Commercial C -OT. Old Town Retail (Downtown Specific Plan) Commercial East Old Town Commercial C -OT. Old Town (Downtown Specific Plan) .. _ Commercial Retail L___1 West Old Town Commercial ...... C -OT. Old Town Retail (Downtown Specific Plan) Commercial General Plan and Zoning Consistency: The Zoning Ordinance requires Planning Commission approval of a Conditional Use Permit to allow on- premises sale and consumption of any alcoholic beverages. The applicant's proposal is consistent with the C -OT (Old Town Commercial) Zoning Classification. The project site is within the Downtown Specific Plan area. The Old Town Commercial land use designation in the Downtown Specific Plan is intended to focus and encourage preferred commercial uses in the downtown area. A sit down restaurant is consistent with this designation. ANALYSIS Issues Staff analysis of the proposed project has identified control of the service of alcoholic beverages as the primary issue for Planning Commission consideration in their review of the Conditional Use Permit application. Conditions are recommended by staff to address security concerns associated with the service of alcoholic beverages. These conditions are consistent with those applied to other restaurants in Moorpark with alcoholic beverage service. The applicant is concurrently processing an application with the California Department of Alcoholic Beverage Control (ABC) for liquor, beer, and wine service. The ABC measures the number of businesses selling alcoholic beverages by census tract, and compares this number to other census tracts in the area. Based on these numbers, the ABC has determined that there is an over - concentration of alcohol permits in Census Tract 76.04, where the project is located. This census tract is a large census tract that includes the Village at Moorpark, Moorpark Marketplace, Varsity Park Plaza, and Campus Plaza shopping centers, along with the High Street commercial district. It currently has a healthy mix of commercial land uses, which include a variety of stores, restaurants, auto repair and other services. An alcohol permit for service in conjunction with food at the new restaurant will not, in the opinion of Community Development staff, result in a detrimental over- \\mor_pri_sery \City Share \Community Development \DEV PMTS \C U P\2008\2008 -01 (Jekyll and Hyde)\Agenda Reports \PC Agenda Report 042308.doc 0 0 () 0 C Honorable Planning Commission April 22, 2008 Page 3 concentration of such permits. In order for ABC to issue an alcohol license, the applicant must obtain a conditional use permit, and subsequently the Community Development Department must issue a letter of "Public Convenience and Necessity." Given that the primary use is a full - service restaurant contributing to the economic development of the city, this finding can be made for this license. The applicant has requested that the proposed hours of operation be from 6:00 a.m. to 2:00 a.m. Staff has discussed this proposal with the Police Department, and determined that, due to the residential nature of the surrounding neighborhood, the proposed hours are inappropriate. Staff has added a condition of approval as follows: "Sales, service or consumption of alcoholic beverages allowed by this Conditional Use Permit are permitted only between the hours of 10:00 a.m. and Midnight." This condition is consistent with that of Conditional Use Permit 2004 -06 for The Secret Garden Restaurant. Conditions are recommended by staff, Police Department, and the Environmental Health Division to address security concerns associated with the service of alcoholic beverages. The City of Moorpark and the Moorpark Police Department has, in the past, had problems with a similar use at this location. Although this is a de -novo application, it is appropriate to consider prior history when evaluating proposed land uses. Should there be a need or desire to expand the operation in the future, for example, by adding live entertainment or expanding the hours of operation, the owner can file the appropriate application at the time, which will be evaluated based upon how the operation has been handled up until that time. As mentioned, it is important to ensure that the surrounding residential uses are not negatively impacted by the introduction of this use. The attached resolution contains conditions which allow amplified music within the restaurant provided that it cannot be heard from outside of the restaurant. Conditions have also been added regarding loitering, maintaining the rear door closed, and use of the front patio. A condition has also been included which requires the applicant to file an application for a temporary use permit whenever the restaurant would be used for a special event or reception. This would ensure compatibility with the adjoining land uses while accommodating potential special events. Findings A. The proposed use is consistent with the intent and provisions of the City's General Plan, Zoning Ordinance, and other applicable regulations in that the sale of liquor, including beer and wine for on -site consumption is an ancillary use to the approved restaurant, a use consistent with the General Plan and Zoning. B. The proposed use is compatible with both existing and permitted land uses in the area in that this is an approved full service restaurant where sale of liquor, including beer and wine is not unexpected. C. The proposed use is compatible with the scale, visual character, and design of surrounding development in that the sale of liquor, including beer and wine for on- \\mor pri_sery \City Share \Community Development\DEV PMTS \C U P\2008\2008 -01 (Jekyll and Hyde)\Agenda Reports \PC Agenda Report 042308.doc O00_C00 1.31 Honorable Planning Commission April 22, 2008 Page 4 site consumption is an ancillary use to the approved restaurant and does not require any modifications to the approved building. D. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or uses in that conditions are required to ensure proper control of the sale of liquor, including beer and wine for on -site consumption. E. The proposed use would not be detrimental to the public interest, health, safety, convenience, or welfare in that conditions are required to ensure proper control of the sale of liquor, including beer and wine for on -site consumption. F. The use will not result in an over - concentration in the area of establishments selling alcoholic beverages. The proposal is enhancing a new establishment where such uses are traditionally anticipated, consistent with the land use development pattern of the City of Moorpark. G. The use will serve a public convenience in that the sale of liquor, including beer and wine for on -site consumption is an ancillary use to the restaurant. H. The use will not create the need for increased police services in that conditions are required to ensure proper control of the sale of liquor, including beer and wine for on -site consumption. I. The requested use at the proposed location will not adversely affect the economic welfare of the community. J. The exterior appearance of the structure will not be inconsistent with the external appearance of commercial structures already constructed or under construction on surrounding properties, or within the immediate neighborhood so as to cause blight, deterioration or substantially diminish property values within the neighborhood. 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 Determined Complete: February 22, 2008 Planning Commission Action Deadline: May 22, 2008 City Council Action Deadline: Not Applicable Upon agreement by the City and Applicant, one 90 -day extension can be granted to the date action must be taken on the application. \\mor_pri_sery \City Share\Community, Development \DEV PMTS \C U P\2008\2008 -01 (Jekyll and Hyde)\Agenda Reports \PC Agenda Report 042308.doc 00000 ". Honorable Planning Commission April 22, 2008 Page 5 ENVIRONMENTAL DETERMINATION In accordance with the City's environmental review procedures adopted by resolution, the Planning Director 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. Based upon the results of an Initial Study, the Director may determine that a project will not have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient environmental documentation. If the Director determines that a project has the potential for significant adverse impacts and adequate mitigation can not be readily identified, an Environmental Impact Report (EIR) is prepared. The Director has reviewed this project and found it to be Categorically Exempt in accordance with Section 15301 (Class 1, Existing Facilities) of the California Code of Regulations (CEQA Guidelines). No further environmental documentation is required. STAFF RECOMMENDATION Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC -2008- No. 2008 -01. ATTACHMENTS: conditionally approving Conditional Use Permit 1. Location Map 2. Aerial Photograph 3. Floor Plan 4. Draft PC Resolution with Conditions of Approval \\mor_pri_sery \City Share \Community Development \DEV PMTS \C U P\2008\2008 -01 (Jekyll and Hyde)1Agenda Reports \PC Agenda Report 042308.doc LOCATION MAP 75 -79 HIGH STREET PC ATTACHMENT i I �I NI jl RI of 3I sl i CHARLES ST I CHARLES ST wl OI E I 3I W N I ST HIGH ST I HIGH ST N °I N /A__ - ______ -_ -_� -_- _- _- _ -_ N/A -_ -_ - L::-_ _- _- _- _ -_ -_ -_ LOCATION MAP 75 -79 HIGH STREET PC ATTACHMENT AERIAL PHOTOGRAPH 75 -79 HIGH STREET PC ATTACHMENT 2 FLOOR PLAN (under separate cover) PC ATTACHMENT 3 00co € IL I RESOLUTION NO. PC- 2008 -01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT (CUP) NO. 2008 -01, A REQUEST TO ALLOW A FULL SERVICE RESTAURANT AND SPORTS BAR (JEKYLL AND HYDE'S RESTAURANT) WITH SALE AND SERVICE OF LIQUOR, INCLUDING BEER AND WINE (TYPE 47) LICENSE LOCATED AT 75 — 79 HIGH STREET ON THE APPLICATION OF JOE ZEPEDA WHEREAS, at a duly noticed public hearing on April 22, 2008, the Planning Commission considered Conditional Use Permit (CUP) No. 2008 -01 on the application of Joe Zepeda to allow a full service restaurant and sports bar (Jekyll and Hyde's Restaurant) with sale and service of liquor, including beer and wine (Type 47) license located at 75 — 79 High Street; and WHEREAS, at its meeting of April 22, 2008, the Planning Commission considered 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 reached a decision on this matter; and WHEREAS, the Planning Commission concurs with the Planning Director's determination that this project is Categorically Exempt from the provisions of CEQA pursuant to Section 15301 as a Class 1 exemption for Existing Facilities NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. 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 17.44.030: 1. The proposed use is consistent with the intent and provisions of the City's General Plan, Zoning Ordinance, and other applicable regulations in that the sale of liquor, including beer and wine for on -site consumption is an ancillary use to the approved restaurant, a use consistent with the General Plan and Zoning. 2. The proposed use is compatible with both existing and permitted land uses in the area in that this is an approved full service restaurant where sale of liquor, including beer and wine is not unexpected. PC ATTACHMENT 4 Resolution No. PC -2008- Page 2 3. The proposed use is compatible with the scale, visual character, and design of surrounding development in that the sale of liquor, including beer and wine for on -site consumption is an ancillary use to the approved restaurant and does not require any modifications to the approved building. 4. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or uses in that conditions are required to ensure proper control of the sale of liquor, including beer and wine for on -site consumption. 5. The proposed use would not be detrimental to the public interest, health, safety, convenience, or welfare in that conditions are required to ensure proper control of the sale of liquor, including beer and wine for on -site consumption. 6. The use will not result in an over - concentration in the area of establishments selling alcoholic beverages. The proposal is enhancing a new establishment where such uses are traditionally anticipated, consistent with the land use development pattern of the City of Moorpark. 7. The use will serve a public convenience in that the sale of liquor, including beer and wine for on -site consumption is an ancillary use to the restaurant. 8. The use will not create the need for increased police services in that conditions are required to ensure proper control of the sale of liquor, including beer and wine for on -site consumption. 9. The requested use at the proposed location will not adversely affect the economic welfare of the community. 10. The exterior appearance of the structure will not be inconsistent with the external appearance of commercial structures already constructed or under construction on surrounding properties, or within the immediate neighborhood so as to cause blight, deterioration or substantially diminish property values within the neighborhood. SECTION 2. PLANNING COMMISSION RECOMMENDATION: The Planning Commission approves Conditional Use Permit No. 2008 -01 subject to the Special Conditions of Approval included in Exhibit A (Special Conditions of Approval), attached hereto and incorporated herein by reference. \ \mor_pri_sery \City Share \Community Development \DEV PMTS \C U P\2008\2008 -01 (Jekyll and Hyde)\ Resolutions \PC_Reso_0tt80422.doc 0EV(f()11 `) Resolution No. PC -2008- Page 3 SECTION 3. FILING OF RESOLUTION: The Planning 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: AYES: NOES: ABSTAIN: ABSENT: PASSED, AND ADOPTED this 22nd day of April, 2008. Robert Peskay, Chair David A. Bobardt Planning Director Exhibit A — Conditions of Approval \ \mor_pri_serv\Qty Share \Community Development\DEV PMTS \C U P\2008\2008 -01 (Jekyll and Hyde) \Resolutions \PC_Reso_080422.doc 0d w0i.1a �..� Resolution No. PC -2008- Page 4 EXHIBIT A CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2008 -01 1. The applicant's acceptance of this permit and /or commencement of construction and /or operations under this permit is deemed to be acceptance of all conditions of this permit. 2. The Conditions of Approval of this permit, City of Moorpark Municipal Code and adopted city policies at the time of the permit approval supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on plans. 3. Conditions of this entitlement may not be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. 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 the permit, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37. 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 building permit is ultimately obtained, or final occupancy is ultimately granted with respect to the permit. 5. If any of the conditions or limitations of this approval are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 6. The development must be in substantial conformance with the plans presented in conjunction with the application for Conditional Use Permit No. 2008 -01, except \ \mor_pri_sery \City Share \Community Development \DEV PMTS \C U P\2008\2008 -01 (Jekyll and Hyde) \Resolutions \PC_Reso_080422.doc 0 0(,0 Resolution No. PC -2008- Page 5 any modifications as may be required to meet specific Code standards or other conditions stipulated herein. 7. 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. 8. Approval of a Zoning Clearance is required prior to the issuance of building permits. All other permit and fee requirements must be met. 9. Entertainment is not approved as part of this Conditional Use Permit and requires approval of a separate permit. 10. Security personnel must be provided to monitor the parking area(s) designated for use by customers of the restaurant during any activity that may require the need for additional security. The applicant shall work with the Police Department, Fire Department, and Community Development Department staff to determine which activities require additional security. The owner /manager shall be required to obtain Temporary Use Permit approval from the City of Moorpark when a scheduled activity could create a need for increased police presence. The only exception is for special events held by Moorpark -based non - profit groups. 11. The applicant shall reimburse the City of Moorpark for any additional police or other costs incurred by the City as a result of operations approved by this Conditional Use Permit, including fifteen (15 %) percent overhead on any such services. 12. No person under the age of eighteen (18) shall serve or package alcoholic beverages. 13. All exterior areas of the site, including parking areas under use by the facility, shall be maintained free of litter and debris at all times. 14. Conditional Use Permit No. 2007 -03 may be revoked or its use suspended by the City, if any of the causes listed in Section 17.44.080.B of the Zoning Code are found to apply, including if the use for which the permit was granted has not been exercised for at least twelve (12) consecutive months, has ceased to exist, or has been abandoned. The discontinuance for a period of one hundred eighty (180) or more days of a nonconforming use or a change of nonconforming use to a conforming use constitutes abandonment and termination of the nonconforming status of the use. 15. 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. 16. Sales, service or consumption of liquor, beer, and wine allowed by this Conditional Use Permit are permitted only between the hours of 10:00 a.m. and Midnight. \\mor_pri_sery \City Share \Community Development\DEV PMTS \C U P\2008\2008 -01 (Jekyll and Hyde) \Resolutions \PC_Reso_080422.doc O c 01 Resolution No. PC -2008- Page 6 17. This premise is not licensed by ABC to operate as a bar or a nightclub and must maintain this premise as a restaurant. The quarterly gross sales of alcoholic beverages may not exceed 50% of the gross sales of food during the same period. The facility must at all times maintain records which reflect separately the gross sale of food and the gross sales of alcoholic beverages of the business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the Moorpark Police Department upon demand. 18. "Walk -in" alcohol service for non - restaurant patrons is not permitted at any time. Alcoholic beverages may only be sold /served to patrons of the facility during dining events. Food meal service must be available during all business hours that alcoholic beverages are sold. 19. Areas inside the establishment open to customers must be illuminated sufficiently to allow the identification of persons. 20. The applicant or his /her designee shall be responsible to police the exterior of the business to assure that no liquor, beer, or wine is consumed within the parking lot. The applicant shall not permit any loitering in the parking lot or in areas adjacent to the facility. 21. No exterior advertising of any kind or type is allowed promoting or indicating the availability of alcoholic beverages. Interior displays of beer or wine that are clearly visible to the exterior shall constitute a violation of this condition. 22. The permittee must correct any safety or security problem within thirty (30) days upon written notice of such a problem from the Moorpark Police Department. 23. A License Agreement for encroachment into the right -of -way must be obtained prior to the initiation of any sidewalk dining or the capture fencing must be removed. 24. Any and all employees directly involved or supervising the sale /service 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 any new employee has been scheduled with the local (Santa Barbara 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. -End- \\mor_pri_sery \City Share \Community Development \DEV PMTS \C U P\2008\2008 -01 (Jekyll and Hyde) \Resolutions \PC_Reso_080422.doc 0 6 (0()s Il ITEM: 9A MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Yugal K. Lail, City Engineer /Public Works Director DATE: April 17, 2008 (PC Meeting of 04/22/08) SUBJECT: Consider the Draft Seven Year Capital Improvement Program (CIP) for Streets and Roads for FY 2007/08 — FY 2013/14 BACKGROUND In March of 2005, the City Council approved the City's first Capital Improvement Program (CIP) for Streets and Roads. Prior to that action, the Planning Commission reviewed that document and took action with regard to its conformance with the Moorpark General Plan. Such action by the Planning Commission is required by Section 65401 of the Government Code of the State of California. Each year staff will be revising and updating the CIP to delete completed projects, add new projects and otherwise revise and update the descriptions, cost estimates and funding sources anticipated to be required for the Program. DISCUSSION A draft copy of the CIP for the seven year period beginning with FY 2007 -08 and ending with the FY 2013 -2014, has been distributed to the Planning Commission under separate cover. This draft document sets out a seven year plan for the construction of infrastructure improvements throughout the City. Public Works, Engineering and Community Development staff have reviewed the draft CIP and have confirmed the following that all of the future streets and other public works projects listed in the Circulation Element and other elements of the Moorpark General Plan have been included in the CIP. It is necessary for the Planning Commission to review the subject draft document and render a finding as to its conformity with the Moorpark General Plan. SAPublic Works \CIPs \Capital Improvement Program for Streets and Roads - FY 2007 -08 - FY 2013 -14 \PC Meeting of 4- 22 -08.doc 0( "�.�� Honorable Planning Commission April 22, 2008 Page 2 STAFF RECOMMENDATION Find the subject draft Seven Year Capital Improvement Program for Streets and Roads to be in conformity with the Moorpark General Plan. Attachment: 1. Draft CIP (under separate cover) SAPublic Works \CIPs \Capital Improvement Program for Streets and Roads - FY 2007 -08 - FY 2013 -14 \PC Meeting of 4- 22 -08.doc or 0 (14 ( I( ) 11 DRAFT CAPITAL IMPROVEMENT PROGRAM (CIP) (under separate cover) PC ATTACHMENT 00e0' , ITEM: 9.13. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: David Bobardt, Planning Director DATE: April 17, 2008 (PC Meeting of 4/22/2008) SUBJECT: Consider Scheduling of a Summer Meeting Recess to Coordinate with City Council Recess BACKGROUND AND DISCUSSION On April 16, 2008, the City Council considered a summer recess schedule, and directed staff to post a notice of cancellation of the July 16 and August 6, 2008 regular City Council meetings. Community Development staff is requesting that the Planning Commission determine the 2008 summer recess schedule, and recommends cancellation of the July 22, 2008, regular Planning Commission meeting to best coordinate with the approved City Council recess. STAFF RECOMMENDATION Direct staff to post a notice of meeting cancellation for the July 22, 2008 regular meeting. \ \mor pri_sery \City Share \Community Development \COMMISSIOMP C POLICIMagenda reports\2008\pc 08 0422 summer recess .doc — A O PC ATTACHMENT ITEM 10.A. MINUTES OF THE PLANNING COMMISSION Moorpark, California February 26 2008 A Regular Meeting of the Planning Commission of the City of Moorpark was held on February 26, 2008, in the Council Chambers of said City located at 799 Moorpark Avenue; Moorpark, California. 1. CALL TO ORDER: Chair Peskay called the meeting to order at 7:03 p.m. 2. PLEDGE OF ALLEGIANCE: Hugh R. Riley, Assistant City Manager, led the Pledge of Allegiance. 3. ROLL CALL: Present: Planning Commissioners Di Cecco, Landis, Taillon, Vice Chair Hamous, and Chair Peskay. Staff Present: David Bobardt, Planning Director; Joseph Fiss, Principal Planner; and Joyce Figueroa, Administrative Assistant. 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: None. 5. PUBLIC COMMENT: None. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: CONCENSUS: It was the consensus of the Commission, to hear Item 9.A. from Discussion Items prior to Public Hearings Item 8.A. upon the request of the Planning Director. 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS AND REPORTS ON MEETINGS /CONFERENCES ATTENDED BY THE COMMISSION: (Future agenda items are tentative and are subject to rescheduling.) None. AT THIS POINT in the meeting Item 9.A. was heard. 000WL Minutes of the Planning Commission Moorpark, California Page 2 February 26 2008 9. DISCUSSION ITEMS: A. Consider Resolution Adopting Revised Rules of Procedure for Commission Meetings and Related Functions and Activities and Rescinding Resolution No. PC- 2006 -507 Staff Recommendation: Adopt Resolution No. PC- 2008 -529 adopting revised Rules of Procedure and rescinding Resolution No. PC- 2006 -507. (Staff: David Bobardt) Mr. Bobardt gave the staff report. A discussion followed among Commissioners and staff regarding the state law requiring the majority of the Commission in order to approve a resolution and discussion of tie votes. MOTION: Commissioner Landis moved and Commissioner Taillon seconded a motion to approve staff recommendation, including adoption of Resolution No. PC- 2008 -529. The motion carried by voice vote: 5:0. 8. PUBLIC HEARINGS: (next Resolution No. PC- 2008 -529) A. Consider Conditional Use Permit No. 2007 -04 a Conditional Use Permit for Sale of Alcoholic Beverages for Off -Site Consumption at a Proposed Circle -K Convenience Store at 6593 Collins Drive (Campus Plaza) on the Application of Saib Alrabadi (Continued with the hearing closed from January 22, 2008 meeting) Staff Recommendation: 1) Adopt Resolution No. PC- 2008 -527 approving Conditional Use Permit (CUP) No. 2007 -04 as directed by the Planning Commission. (Staff: David Bobardt) Vice Chair Hamous recused himself and stepped down from the dais due to potential conflict of interest. The time was 7:11 p.m. Mr. Bobardt gave the staff report There were no questions of staff. MOTION: Commissioner Taillon moved and Chair Peskay seconded a motion to adopt Resolution No. PC- 2008 -527 approving Conditional Use Permit (CUP) No. 2007 -04. The motion carried by voice vote: 3:1; Commissioner Landis dissenting Vice Chair Hamous absent. Vice Chair Hamous returned to the dais at 7:14 p.m. The Planning Commission is final approval for this project. 001C':' Minutes of the Planning Commission Moorpark, California Page 3 February 26 2008 B. Consider Commercial Planned Development Permit No 2007 -02 A Request for Construction of a Human Services Center Within Two (21 Buildings Totaling Approximately 25,000 Square Feet for Non Emergency Medical /Dental Services Educational and Charitable Services on 2.05 Acres. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; 2) Adopt Resolution No. PC- 2008 -530 approving Commercial Planned Development Permit No. 2007 -02, subject to conditions. (Staff: Joseph Fiss) Mr. Fiss gave the staff report A discussion followed among Commissioners and staff regarding landscaping, loading area, parking, windows, truck and overnight parking, and southeast corner area for people to sit. Chair Peskay opened the public hearing. Hugh R. Riley, Assistant City Manager, City of Moorpark, spoke in favor of the project and stated he was available for questions. The Commission questioned applicant if part of the intent is to get day laborers at the facility, maximum capacity parking, and consideration of a over -hang for the day laborers. Dennis Kailey, HMC Architects, 766 East Colorado Boulevard, Pasadena, CA, spoke in favor of the project and stated he was available for questions. The Commission questioned applicant about the pergola site for the day laborers, parking, relocation and placement of transformer, amount of hardscape, infiltration, MPDS requirements, gates, recertification, entrances to building A and B, windows, landscape plan, and planters. Chair Peskay closed the public hearing. MOTION: Commissioner Landis moved and Vice Chair Hamous seconded a motion to approve staff recommendation, including adoption of Resolution No. PC- 2008 -530. The motion carried by unanimous voice vote. The Planning Commission is final approval for this project. 00 c _ Minutes of the Planning Commission Moorpark, California Page 4 February 26 2008 10. CONSENT CALENDAR: A. Consider Approval of the Regular Meeting Minutes of January 22 2008 2007. MOTION: Commissioner Landis moved and Vice Chair Hamous seconded a motion to approve the Consent Calendar. The motion carried by unanimous voice vote. 11. ADJOURNMENT: Chair Peskay adjourned the meeting at 8:10 p.m. Robert Peskay, Chair David A. Bobardt, Planning Director 0 0 ( 1 Vrt %�I r'..