HomeMy WebLinkAboutRES PC 2005 0469 0104RESOLUTION NO. PC- 2005 -469
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. 2004 -06 TO ALLOW THE
SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES (IN
ADDITION TO BEER AND WINE) IN CONJUNCTION WITH
FOOD SERVICE AT THE SECRET GARDEN RESTAURANT ON
THE APPLICATION OF MICHEL BARDAVID (SECRET GARDEN
RESTAURANT) (APN 512 -0- 093 -18)
WHEREAS, at a duly noticed public hearing on January 4,
2005, the Planning Commission considered Conditional Use Permit
No. 2004 -06 to allow the sale and consumption of alcoholic
beverages (in addition to beer and wine) in conjunction with
food service at The Secret Garden Restaurant on the application
of Michel Bardavid (Secret Garden Restaurant) (APN 512- 0 -093-
18); and
WHEREAS, at its meeting of January 4, 2005, 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, closed the public hearing and reached a decision
on this matter; and
WHEREAS, the Planning Commission concurs with the Community
Development 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,
and that no other environmental documentation is required.
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 17.44.040:
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
alcoholic beverages for on -site consumption is an ancillary
S: \Community Development \ADMIN \COMMISSION \Final Reso \pc 469 CUP 2004 -06 (Secret Garden).doc
Resolution No. PC- 2005 -469
Page 2
use to the existing 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 the restaurant
already exists and already serves beer and wine.
C. The proposed use is compatible with the scale, visual
character, and design of surrounding development in that
the sale of alcoholic beverages for on -site consumption is
an ancillary use to the existing restaurant and does not
require any modifications to the 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 alcoholic beverages 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 alcoholic beverages 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 not creating a new establishment., merely
modifying the category of allowable alcohol sales at an
existing establishment.
G. The use will serve a public convenience in that the sale of
alcoholic beverages for on -site consumption is an ancillary
use to the existing 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 alcoholic beverages for on -site
consumption.
I. The requested use at the proposed location will not
adversely affect the economic welfare of the community; and
J. The exterior appearance of tr
inconsistent with the external
structures already constructed
surrounding properties, or
neighborhood so as to cause
substantially diminish or impair
neighborhood.
ce structure will not be
appearance of commercial
or under construction on
within the immediate
blight, deterioration or
property values within the
Resolution No. PC- 2005 -469
Page 3
SECTION 2. PLANNING COMMISSION APPROVAL: The Planning
Commission hereby approves Conditional Use Permit No. 2004 -06
subject to the Conditions of Approval included in Exhibit A
(Conditions of Approval), attached hereto and incorporated
herein by reference.
SECTION 3. CERTIFICATION OF ADOPTION: The Community
Development Director shall certify to the adoption of this
resolution and 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: Commissioners DiCecco, Landis and Taillon, Vice
Chair Peskay and Chair Pozza
NOES:
ABSTAIN:
ABSENT:
PASSED, AND ADOPTED this 4th day of January, 2005.
Scott Pozza C air
ATTEST:
Ba ry Htve
C 'ty opme nt Director
Exhibit A: Conditions of Approval
Resolution No. PC- 2005 -469
Page 4
EXHIBIT A
CONDITIONS OF APPROVAL FOR
CONDITIONAL USE PERMIT NO. 2004 -06
A. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS
1. The applicant's acceptance of this permit and /or
commencement of construction and /or operations under this
permit shall be 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 shall 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.
Resolution No. PC- 2005 -469
Page 5
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 shall be in substantial conformance with
the plans presented in conjunction with the application for
Conditional Use Permit No. 2004 -06, except any
modifications as may be required to meet specific Building
Code and Zoning Code standards or other conditions
stipulated herein.
7. All necessary permits shall 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 shall be 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 shall require approval of a separate permit
for entertainment.
10. Security personnel shall 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 and Community Development Department
staff to determine which activities shall 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 shall be for
special events held by Moorpark based non - profit groups.
11. The applicant /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 restaurant,
including 150 overhead on any such services.
Resolution No. PC- 2005 -469
Page 6
12. At all times when the premises are open for business, the
sale /service of alcoholic beverages shall be made only in
conjunction with the sale /service of food.
13. There shall be no "walk -in" alcohol service for non -
restaurant /banquet customers. Alcoholic beverages may only
be sold /served to patrons of the facility during dining
and /or banquet events.
14. There shall be no alcohol service at the conclusion of
events.
15. No person under the age of eighteen (18) shall serve or
package alcoholic beverages.
16. All exterior areas of the site, including parking areas
under use by the restaurant, shall be maintained free of
litter and debris at all times.
17. Conditional Use Permit No. 2004 -06 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.
B. POLICE DEPARTMENT CONDITIONS:
18. 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.
19. Sales, service or consumption of alcoholic beverages
allowed by this Conditional Use Permit shall be permitted
only between the hours of 10:00 a.m. and Midnight.
20. The facility shall 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.
Resolution No. PC- 2005 -469
Page 7
21. Areas inside the establishment open to customers shall be
illuminated sufficiently to allow the identification of
persons.
22. The applicant or his /her designee shall be responsible to
police the exterior of the business to assure that no
alcoholic beverages are consumed within the parking lot.
The applicant shall not permit any loitering in the parking
lot or in areas adjacent to the facility.
23. No exterior advertising of any kind or type is allowed
promoting or indicating the availability of alcoholic
beverages. Interior displays of alcoholic beverages that
are clearly visible to the exterior shall constitute a
violation of this condition.
24. 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.
25. 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.
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