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HomeMy WebLinkAboutRES PC 2005 0467 0104RESOLUTION NO. PC- 2005 -467 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2004 -04 TO ALLOW A MAXIMUM OF THREE (3) RESTAURANT USES TO SERVE BEER AND WINE IN CONJUNCTION WITH FOOD SERVICE AND ONE (1) RETAIL STORE SELLING PREMIUM WINE, LIQUOR, CIGARS AND RELATED ACCESSORIES AT THE LA SPRING SHOPPING CENTER (CPD NO. 2002 -01) LOCATED AT THE NORTHEAST CORNER OF NEW LOS ANGELES AVENUE AND SPRING ROAD ON THE APPLICATION OF GREENEWAY DEVELOPMENT, INC. (ASSESSOR PARCEL NO. (512 - -0- 180-09) WHEREAS, at a duly noticed public hearing on January 4, 2005, the Planning Commission considered Conditional Use Permit No. 2004 -04, on the application of GreeneWay Development, Inc, to allow for the service of beer and wine in conjunction with food service at a maximum of three (3) restaurants and one (1) retail store selling premium wine, liquor, cigars and related accessories at the LA Spring shopping center located at the northeast corner of Los Angeles Avenue and Spring Road (Assessor Parcel No. 512 -0- 180 -09); 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, 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 Community Development Director has determined that this project is consistent with the findings of the Negative Declaration and any amendments thereto approved in connection with the LA Spring shopping center project (CPD No. 2002 -01) and that no additional environmental documentation is necessary. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTATION: The Planning Commission concurs with the finding of the Community Development Director that this project is consistent with the findings of the Negative Declaration and any amendments thereto approved in \ \Mor_pri_sery \City Share \Community Development \DEV PMTS \C U P \2004 \04 Greeneway \Reso \PC Reso.doc Resolution No. PC- 2005 -467 Page 2 connection with the LA Spring Shopping Center project (CPD Noe 2002 -01) and that no additional environmental documentation is necessary. 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(D): A. The proposed uses are consistent with the provisions of the City's General Plan, Zoning Ordinance and any other applicable regulations in that the commercial project has previously been approved for restaurant and retail uses as allowed under the City's Zoning Ordinance. B. The proposed uses as conditioned are compatible with both existing and permitted land uses in the surrounding area in that the commercial project, as an expansion of existing commercial uses on the site, has previously been approved for restaurant and retail uses under Commercial Planned Development No. 2002 -01. C. The proposed uses are compatible with the scale, visual character and design of the surrounding properties in that the design complements previously approved projects in the area of the development. D. The proposed uses as conditioned would not be obnoxious or harmful or impair the utility of the neighboring properties or uses as it is consistent with other approved commercial projects within the city. E. The proposed uses would not be detrimental to the public health, safety, convenience, or welfare, as the project has been conditioned to protect the public's health and safety. F. The uses will not result in an over - concentration in the area of establishments selling alcoholic beverages in that the project site is located in the commercial core of Moorpark where restaurants are expected uses. G. The uses will serve a public convenience. Allowing service of alcoholic beverages in conjunction with food service is secondary and incidental to the food service use. Nearby residents would be able to reduce vehicular travel distance when desiring to purchase this product. Resolution No. PC- 2005 -467 Page 3 H. The uses will not increase the need for police services. Adherence to the conditions will eliminate the need for additional police service as a result of alcoholic beverage service in conjunction with food service. I. The requested uses at the proposed location will not adversely affect the economic welfare of the community. The site is zoned Commercial Planned Development (CPD) and the commercial project has previously been approved by the City Council. J. The exterior appearance of the buildings 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 or impair property values within the neighborhood. Restaurants within the commercial development will not require external modifications to the buildings as a result of the alcoholic beverage service. SECTION 3. PLANNING COMMISSION APPROVAL: The Planning Commission hereby approves Conditional Use Permit No. 2004 -04 subject to the Conditions of Approval included in Exhibit A (Conditions of Approval), attached hereto and incorporated herein by reference. SECTION 4. 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: Resolution No. PC- 2005 -467 Page 4 PASSED, AND ADOPTED this 4th day of January, 2005. z L Scott Pozza hair ATT ST: ar y Hoga Co u y De el pment Director Exhibit A: Conditions of Approval Resolution No. PC- 2005 -467 Page 5 EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. General Conditions 1. The applicant's acceptance of commencement of construction and /or permit shall be deemed to be accept of this permit. FOR 2004 -04 this permit and /or operations under this ance of all conditions 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 -467 Page 6 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. Conditional Use Permit No. 2004 -04 may be revoked, modified, or suspended by the City, if any of the causes listed in Section 17.44.100(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. 7. The development shall be in substantial conformance with the plans presented in conjunction with the application for Conditional Use Permit No. 2004 -04, except any modifications as may be required to meet specific Building Code and Zoning Code standards or other conditions stipulated herein. 8. All conditions of Commercial Planned Development No. 2002- 01, as amended, shall continue to apply. 9. 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. 10. Approval of a Zoning Clearance shall be required prior to the issuance of building permits. All other permit and fee requirements must be met. Conditions Specific to Restaurant Uses Selling Alcoholic Beverages 11. Approval of this Conditional Use Permit does not imply the approval of any restaurant use for the center. Each restaurant use shall meet the parking requirements along with any other applicable requirements of the City. Resolution No. PC- 2005 -467 Page 7 12. A maximum of three (3) restaurants may be allowed to sell beer and wine at the LA Spring Shopping Center (CPD 2002- 01) as identified in the application for Conditional Use Permit No. 2004 -04. 13. Sales, service or consumption of beer and wine beverages for the restaurants shall be permitted only between the hours of 10:00 A.M. and 10:00 P.M. each day of the week. 14. Entertainment is not approved as part of this Conditional Use Permit and shall require approval of a separate permit for each restaurant that has entertainment. 15. 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. 16. 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 fifteen percent (150) overhead on any such services. 17. At all times when the restaurants are open for business, the sale /service of beer and wine beverages shall be made only in conjunction with the sale /service of food. 18. There shall be no "walk -in" beer and wine service for non - restaurant /banquet customers. Beer and wine beverages may only be sold /served to patrons of the facility during dining and /or banquet events. 19. There shall be no beer and wine service at the conclusion of events. 20. No person under the age of eighteen (18) shall serve beer and wine beverages. 21. 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. Resolution No. PC- 2005 -467 Page 8 22. The rear doors of each tenant space shall be kept closed during business hours, except as may be required by state and local ordinance. 23. The facility shall at all times maintain records which reflect separately the gross sale of food and the gross sales of beer and wine 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. 24. Areas inside the establishment open to customers shall be illuminated sufficiently to allow the identification of persons. 25. The applicant or his /her designee shall be responsible to police the exterior of the business to assure that no beer and wine 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. 26. 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. 27. Any and all employees directly involved or supervising the sale /service of beer and wine 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. Conditions Specific to the Retail Establishment Selling Alcoholic Beverages for Off -site Consumption 28. A maximum of one (1) retail store may sell alcoholic beverages for off -site consumption at the LA /Spring Shopping Center (CPD 2002 -01), as identified in the Resolution No. PC- 2005 -467 Page 9 application for Conditional Use Permit No. 2004 - -04. Beer sales are prohibited. 29. The retail store selling alcoholic beverages for off -site consumption shall be permitted only between the hours of 6:00 A.M. and 10:00 P.M. 30. No person under the age of eighteen (18) shall sell alcoholic beverages. 31. 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 retail store selling alcoholic beverages for off -site consumption, including fifteen percent (150) overhead on any such services. 32. 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. 33. The facility shall at all times maintain records which reflect separately the gross sale 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. 34. Areas inside the establishment open to customers shall be illuminated sufficiently to allow the identification of persons. 35. Closed - circuit television cameras shall provide monitoring and recording of the sales counter to show employee /customer transactions, as well as, any reach -in refrigerators and the floor area. This system should have the capability to record twenty -four (24) hours. This system shall be protected from access by employees and customers. The quality of the system will be such that the recorded pictures are clear and people are identifiable. 36. A drop safe shall be installed and employees shall be encouraged to keep a minimum of cash in the register. 37. 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. Resolution No. PC- 2005 -467 Page 10 38. Any and all employees directly involved or supervising the sale 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. C. Received training and have implemented the "We Card" program. - End -