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HomeMy WebLinkAboutRES PC 2009 541 2009 0127 RESOLUTION NO. PC-2009-541 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2008-11, TO ALLOW AN ON-SITE SERVICE AND CONSUMPTION OF BEER AND WINE WITH FOOD SERVICE AT AN EXISTING RESTAURANT (TOKIWA SUSHI), LOCATED AT 476 LOS ANGELES AVENUE, #B-10 (VILLAGE RETAIL AUTO CENTER), ON THE APPLICATION OF VINCE DOAN WHEREAS, at a duly noticed public hearing on January 27, 2009, the Planning Commission considered Conditional Use Permit No. 2008-11, to allow on-site sale and consumption of beer and wine with food service at an existing restaurant, located at 476 Los Angeles #B-10 (Village Retail Auto Center), on the application of Vince Doan (Tokiwa Sushi); and WHEREAS, at its meeting of January 27, 2009 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, close the public hearing 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 reports, 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 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 beer and wine is not unexpected. Resolution No. PC-2009-541 Page 2 C. 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. 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 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 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 an existing 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 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 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. Resolution No. PC-2009-541 Page 3 SECTION 2. PLANNING COMMISSION DECISION: The Planning Commission approves Conditional Use Permit No. 2008-11 subject to the Conditions of Approval included in Exhibit A (Conditions of Approval), attached hereto and incorporated herein by reference. 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: Commissioners Bagwell, Di Cecco, Taillon, and Vice Chair Landis NOES: None ABSTAIN: None ABSENT: Chair Hamous PASSED, AND ADOPTED this 27th day of January, 2009. 44474J Bruce A. Hamous, Chair / r Dav' A. Bobardt, Planning Director ) /i4;7/Exhibit A— Conditions of Approval Resolution No. PC-2009-541 Page 4 EXHIBIT A CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2008-11 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. Resolution No. PC-2009-541 Page 5 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. 2008-11 , 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. 2008-11 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. Resolution No. PC-2009-541 Page 6 16. Sales, service or consumption of beer and wine allowed by this Conditional Use Permit are permitted only between the hours of 10:30 a.m. and Midnight, with the exception of Mother's Day and Father's Day, when service is permitted to begin at 9:00 a.m. The Planning 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. 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 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. 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-