HomeMy WebLinkAboutRES PC 2008 538 2008 1125 RESOLUTION NO. PC-2008-538
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT (CUP) NO. 2008-07, A REQUEST
TO ALLOW A WINE AND CIGAR CLUB WITH SALES AND
SERVICE OF BEER AND WINE, LOCATED AT 686 WALNUT
STREET ON THE APPLICATION OF RAYMOND VORBURGER
WHEREAS, at a duly noticed public hearing on October 14, 2008 and November
25, 2008, the Planning Commission considered Conditional Use Permit (CUP) No.
2008-07, for a request to allow a wine and cigar club with sales and service of beer and
wine, located at 686 Walnut Street; and
WHEREAS, at its meetings of October 14, 2008 and November 25, 2008 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 17.44.040:
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
Planning Director has determined that the sale of cigars, beer, and wine for on-
site and off-site consumption is an anticipated type of 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 anticipated type of use where sale of beer and wine is not
unexpected.
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 and off-site
consumption is an anticipated type of use and does not require any modifications
to the approved building.
Resolution No. PC-2008-538
Page 2
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 and off-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 and off-site consumption.
F. 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.
G. The use will serve a public convenience in that the sale of liquor, including beer
and wine for on-site and off-site consumption is an anticipated use in the
Downtown Specific Plan area.
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 and
off-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. PLANNING COMMISSION RECOMMENDATION:
A. The Planning Commission approves Conditional Use Permit No. 2008-07 subject
to the Conditions of Approval included in Exhibit A (Conditions of Approval),
attached hereto and incorporated herein by reference.
Resolution No. PC-2008-538
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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 Di Cecco, Taillon, Vice Chair Hamous, and Chair
Peskay
NOES: None
ABSTAIN: None
ABSENT: Commissioner Landis
PASSED, AND ADOPTED this 25th day of November, 2008.
Robert Pesskay, Chair
t
Da id Bobardt, Planning Directo
Exhibit A— Conditions of Approval
Resolution No. PC-2008-538
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EXHIBIT A
CONDITIONS OF APPROVAL FOR
CONDITIONAL USE PERMIT (CUP) NO. 2008-07
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.
6. The development must be in substantial conformance with the plans presented in
conjunction with the application for Conditional Use Permit No. 2008-07, except
any modifications as may be required to meet specific Code standards or other
conditions stipulated herein.
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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 exterior area(s) designated
for use by customers of the facility 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 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 is 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 twenty-one (21) shall be allowed to enter and remain
within the facility at any time.
13. No person under the age of twenty-one (21) shall serve or package alcoholic
beverages.
14. 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.
15. Conditional Use Permit No. 2008-07 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.
16. 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.
17. Sales, service or consumption of beer and wine allowed by this Conditional Use
Permit are permitted between the hours of 10:00 a.m. and 8:00 p.m. Monday to
Saturday, and 12:30 p.m. and 8:00 p.m. on Sunday.
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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. The rear door must remain closed during business hours.
20. No exterior advertising of any kind or type is allowed promoting or indicating the
availability of alcoholic beverages, except within the name of the facility on a
permitted sign. Interior advertising displays for alcoholic beverages that are
clearly visible to the exterior constitute a violation of this condition.
21 . Smoking activities and alcohol consumption in the rear outdoor patio or front
porch are prohibited.
22. The applicant shall submit a ventilation and filtration plan to address smoking
inside the building for review and approval of the Planning Director prior to
issuance of a Zoning Clearance for tenant improvements. Equipment called for
in the plan must be installed prior to occupancy.
23. 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.
24. 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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