HomeMy WebLinkAboutRES PC 2007 515 2007 0522RESOLUTION NO. PC- 2007 -515
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. 2007 -03, TO ALLOW ON
PREMISES SALE AND CONSUMPTION OF BEER AND WINE IN
CONJUNCTION WITH A PROPOSED RESTAURANT (VIVA LA
PASTA) AT 252 LOS ANGELES AVENUE (MOORPARK GROVE),
ON THE APPLICATION OF ERNESTO DI VITO
WHEREAS, at a duly noticed public hearing on May 22, 2007, the Planning
Commission considered Conditional Use Permit No. 2007 -03, located at 252 Los
Angeles Avenue, on the application of Ernesto Di Vito; and
WHEREAS, at its meeting of May 22, 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; 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
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 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 beer and wine is not unexpected.
3. The proposed use is compatible with the scale, visual character, and
design of surrounding development in that the sale of 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.
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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 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 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 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 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 DECISION:
The Planning Commission approves Conditional Use Permit No. 2007 -03 subject
to the Special Conditions of Approval included in Exhibit A (Special Conditions of
Approval), attached hereto and incorporated herein by reference.
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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, and Landis, Vice Chair Peskay and
Chair Taillon
NOES:
ABSTAIN:
ABSENT:
PASSED, AND ADOPTED this 22nd day of May 2007.
2 ? 4 �- V , 17�
Mark Taillon, Chair
m noity De elooment Director
Exhibit A — Special Conditions of Approval
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EXHIBIT A
SPECIAL CONDITIONS OF APPROVAL FOR
CONDITIONAL USE PERMIT NO. 2007 -03
PLEASE CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT FOR
QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING 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.
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6. The development must be in substantial conformance with the plans presented in
conjunction with the application for Conditional Use Permit No. 2007 -03, except
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 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 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 beer and wine allowed by this Conditional Use
Permit are permitted only between the hours of 10:00 a.m. and Midnight, with the
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exception of Mother's Day and Father's Day, when service is permitted to begin
at 9:00 a.m. The Community Development Director is authorized to grant
approval, with conditions if necessary, for the sale of beer and wine with a
Sunday brunch, should this be instituted in the future.
17. 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. Areas inside the establishment open to customers must be illuminated sufficiently
to allow the identification of persons.
19. The applicant or his /her designee shall be responsible to police the exterior of the
business to assure that no 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.
20. 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.
21. 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.
22. 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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