HomeMy WebLinkAboutRES PC 2007 511 2007 0213RESOLUTION NO. PC- 2007 -511
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT 2006 -05, TO ALLOW THE
REMODEL OF AN EXISTING RESTAURANT (BAUDUCCO'S),
ADD A BAR, CONVERT THE EXISTING RETAIL DELI TO AN
ADDITIONAL BAR FOR THE RESTAURANT, ALLOW LIVE
ENTERTAINMENT, AND EXTEND THE HOURS FOR ON -SITE
ALCOHOL CONSUMPTION, LOCATED AT 563 LOS ANGELES
AVENUE (MISSION BELL PLAZA SHOPPING CENTER), ON THE
APPLICATION OF JESSICA MANOS- VIVIANI AND MIKE
TAKEDA.
WHEREAS, at a duly noticed public hearing on February 13, 2007, the Planning
Commission considered Conditional Use Permit No. 2006 -05, to remodel an existing
restaurant (Bauducco's), add a bar, convert the existing retail deli to an additional bar,
allow live entertainment, and extend the hours for on -site alcohol consumption to 2 :00
a.m., located at 563 Los Angeles Avenue, on the application of Jessica Manos - Viviani
and Mike Takeda; and
WHEREAS, at its meeting of February 13, 2007, 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
the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the
CEQA Guidelines as a Class 1 exemption for Existing Facilities, and no further
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 and live entertainment are both
ancillary to the restaurant, a use consistent with the General Plan and Zoning.
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Bauduccos (Takeda) \Reso \PC- 2007 -511.doc
Resolution No. PC- 2007 -511
Page 2
B. The proposed use is compatible with both existing and permitted land uses in the
area in that the full service restaurant already exists and already serves beer, wine,
and liquor.
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 and the live entertainment are both complementary to the restaurant
use and do not require any modifications to the exterior of 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 and to ensure
that live entertainment does not impact the neighboring properties.
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
over live entertainment and 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 operation of an existing establishment.
G. The use will serve a public convenience in that the sale of alcoholic beverages for
on -site consumption is a complementary 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 live entertainment and 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.
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.
SECTION 2. CONDITIONAL USE PERMIT APPROVAL: The Planning
Commission hereby approves Conditional Use Permit No. 2006 -05 subject to the
Conditions of Approval included in Exhibit A (Conditions of Approval), attached hereto
and incorporated herein by reference.
Resolution No. PC- 2007 -511
Page 3
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 Di Cecco, Hamous, Landis, Vice Chair Peskay and
Chair Taillon
NOES:
ABSTAIN:
ABSENT:
PASSED, AND ADOPTED this 13th day of February, 2007.
Mark G. Taillon, Chair
Exhibit A — Conditions of Approval
Resolution No. PC- 2007 -511
Page 4
EXHIBIT A
CONDITIONS OF APPROVAL FOR
CONDITIONAL USE PERMIT NO. 2006 -05
A. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS
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.
Resolution No. PC- 2007 -511
Page 5
6. The development must be in substantial conformance with the plans presented in
conjunction with the application for Conditional Use Permit No. 2006 -05, 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 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 must be required prior to the issuance of building
permits. All other permit and fee requirements must be met.
9. The owner /manager shall obtain a Temporary Use Permit approval from the City of
Moorpark when a scheduled activity, special event or reception which includes the
use of a dance floor, could create a need for increased police presence. The only
exception shall be for special events held by Moorpark based non - profit groups.
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.
10. 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
under a temporary use permit approval, including 15% overhead on any such
services.
11. The live entertainment within the restaurant may consist of amplified music so long
as the amplified music cannot be heard from outside of the restaurant.
12. Live entertainment on the outdoor patio must not be amplified in any way and shall
not take place after 10:OOPM.
13.The managers, operators, employees or staff of the restaurant, shall be prohibited
from collecting a cover charge or from collecting any payments or fees for the
viewing of live entertainment which is scheduled to be performed at the restaurant;
furthermore, at all times when the premises is open for business, live entertainment
shall only be allowed in conjunction with the sale /service of beverages and food.
14. No alcohol service may be provided to special event attendees at the conclusion of
special events.
15.All exterior areas of the site, including parking areas under use by the restaurant,
must be maintained free of litter and debris at all times.
16. Conditional Use Permit No. 2006 -05 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
Resolution No. PC- 2007 -511
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conforming use, constitutes abandonment and termination of the nonconforming
status of the use.
17. In the event that the restaurant is sold or the operation is substantially changed, in
the opinion of the Community Development Director, from that indicated in this
application, a new conditional use permit application will be required.
18.Approval of a Sign Permit is required prior to the installation of any sign and any
proposed signs shall be compatible with an approved Master Sign Program for the
Mission Bell Plaza shopping center on file with the Community Development
Department.
19.Applicant shall provide the Community Development Department with a copy of the
Alcoholic Beverage Control (ABC) approval prior to sale of an alcoholic beverage.
20.All conditions of approval of Administered Permit No. 96 -26, Commercial Planned
Development Permit No. 89 -1, Major Modification No. 1 to Commercial Planned
Development Permit No. 89 -1, Minor Modifications No's 1 through 7, and Permit
Adjustments 1 through 6 apply to this application unless specifically modified by this
Resolution.
21.Any violations of the ABC license or problems relating to noise or disturbances
resulting from this use are grounds for the initiation of proceedings for revocation of
this Conditional Use Permit.
22. The rear doors of the premises must be equipped on the inside with an automatic
locking device and shall be closed at all time, and shall not be used as a means of
access by patrons to and from the licensed premises. Temporary use of these doors
for the function of the restaurant or delivery of supplies does not constitute a
violation of this condition.
23. The applicant shall pay any outstanding case processing fees and all City legal
services fees prior to the sale of liquor.
24. Hours of operation are limited to 8:00 a.m. to 2:00 a.m. and alcohol sales, service or
consumption shall be permitted only between the hours of 10:00 a.m. to 1:00 a.m.
each day of the week. These hours may be further adjusted by the Community
Development Director.
25. No increase of floor area is permitted without approval of an additional permit.
26. Food service shall be available during all business hours that alcoholic beverages
are sold.
27. The applicant is responsible for promptly removing any litter from the site under their
control.
28. No person under the age of eighteen (18) shall serve or package alcoholic
beverages.
Resolution No. PC- 2007 -511
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29. The parking lot of the premises shall be equipped with lighting of sufficient power
illuminate and make easily discernable the appearance and conduct of all persons
on or about the parking lot.
30. The petitioner(s) shall be responsible for the removal of graffiti from any property on
or about the licensed premises, under the control of the licensee, within 48 hours.
31. No employee shall sell liquor to a person under twenty -one (21) years of age.
B. Police Department Conditions
32. 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 Owner 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.
33. Areas inside the establishment open to customers must be illuminated sufficiently to
allow the identification of persons. Lighting shall be approved by the Police
Department.
34. The manager or his /her designee shall be responsible to police the exterior of the
business to assure that no alcoholic beverages are consumed on any property
adjacent to the restaurant. The owner / manager shall not permit any loitering on any
property adjacent to the restaurant.
35. The owner shall correct any safety or security problem upon written notice of such a
problem from the Moorpark Police Department.
36.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 15 days of hire any new employee has
been scheduled with the local (Santa Barbara ABC office) to attend the
LEAD program course.
C. Environmental Health Division
37. The applicant must obtain plan approval for the proposed food facility from
Environmental Health Division prior to issuance of a building permit.
Resolution No. PC- 2007 -511
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38. Prior to operation of the food facility, the permittee shall obtain a Permit to Operate a
Food Facility from the Community Services Section of the Environmental Health
Division.
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