HomeMy WebLinkAboutRES PC 2012 570 2012 0522 RESOLUTION NO. PC-2012-570
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. 2012-02, A REQUEST TO
ALLOW A RETAIL TOBACCO STORE, LOCATED AT 252 LOS
ANGELES AVENUE, UNIT I, WITHIN THE MOORPARK GROVE
SHOPPING CENTER, ON THE APPLICATION OF ANTHONY
FIUMERODO
WHEREAS, at a duly noticed public hearing on May 22, 2012 the Planning
Commission considered Conditional Use Permit (CUP) No. 2012-02 on the application
of Anthony Fiumerodo, to allow "For Your Pleasure," a retail tobacco store, located at
252 Los Angeles Avenue Unit I.; and
WHEREAS, at its meeting of May 22, 2012 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
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:
1. The proposed use is consistent with the provisions of the general plan, zoning
ordinance, and any other applicable regulations in that tobacco stores are
conditionally permitted within the zone, and conditions of approval have been
proposed to mitigate potential problems;
2. The proposed use as conditioned is compatible with both existing and permitted
land uses in the surrounding area in that it is primarily a retail use proposed
within a retail shopping center;
3. The proposed use as conditioned is compatible with the scale, visual character,
and design of surrounding properties in that there will be no changes to the
exterior of the building as a result of the application;
Resolution No. PC-2012-570
Page 2
4. The proposed use would not be obnoxious or harmful, or impair the utility of
neighboring property or uses in that conditions of approval have been proposed
to prohibit on-site smoking and loitering; and
5. The proposed use as conditioned would not be detrimental to the public health,
safety, convenience, or welfare in that the only products proposed to be sold are
legally sold and regulated within the State of California.
SECTION 2. PLANNING COMMISSION APPROVAL: the Planning
Commission herby approves Conditional Use Permit No. 2012-02 subject to the
Standard and Special Conditions of Approval found in Exhibit A attached.
SECTION 3. FILING OF RESOLUTION: The Community Development
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, Groff, Hamous, Vice Chair Gould, and
Chair Landis
NOES: None
ABSTAIN: None
ABSENT: None
PASSED, AND ADOPTED this 22nd day of May, 2012
Kipp La °dis', Chai s
(Z11//
David A. Bobardt, Community Development Director
Exhibit A— Standard and Special Conditions of Approval
Resolution No. PC-2012-570
Page 3
EXHIBIT A
STANDARD AND SPECIAL CONDITIONS OF APPROVAL
FOR CONDITIONAL USE PERMIT (CUP) No. 2012-02
STANDARD CONDITION OF APPROVAL
The applicant shall comply with Standard Conditions of Approval for Conditional Use
Permits as adopted by City Council Resolution No. 2009-2799 (Exhibit B), except as
modified by the following Special Conditions of Approval. In the event of conflict
between a Standard and Special Condition of Approval, the Special Condition shall
apply.
SPECIAL CONDITIONS OF APPROVAL
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. All Conditions of Approval for Commercial Planned Development Permit No.
2004-02 are incorporated by reference in this approval and shall continue to
apply unless specifically modified by this permit.
3. 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.
4. 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.
5. 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-2012-570
Page 4
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.
6. 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.
7. The development must be in substantial conformance with the plans presented in
conjunction with the application for Conditional Use Permit No. 2012-02, except
any modifications as may be required to meet specific Code standards or other
conditions stipulated herein.
8. 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.
9. Approval of a Zoning Clearance is required prior to the issuance of building
permits. All other permit and fee requirements must be met.
10. Entertainment is not approved as part of this Conditional Use Permit and requires
approval of a separate permit.
11. 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.
12. 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.
13. No person under the age of eighteen (18) is allowed to enter and remain within
the facility at any time. Signage must be posted on the door indicating this
prohibition to the satisfaction of the Community Development Director.
14. No person under the age of eighteen (18) may sell or package tobacco products
or smoking paraphernalia.
15. All exterior areas of the site, including parking areas under use by the facility,
must be maintained free of litter and debris at all times.
16. Hours of operation allowed by this Conditional Use Permit are limited to between
9:00 a.m. and 9:00 p.m.
17. Areas inside the establishment open to customers must be illuminated sufficiently
to allow the identification of persons.
Resolution No. PC-2012-570
Page 5
18. The applicant or his/her designee shall be responsible to police the exterior of the
business to assure that there is no loitering of store customers in the parking lot
or in areas adjacent to the facility. The rear door must remain closed and locked
during business hours.
19. No exterior advertising of any kind or type is allowed promoting or indicating the
availability of tobacco or tobacco accessories, except within the name of the
facility on a permitted sign. Interior advertising and displays for tobacco or
tobacco accessories that are clearly visible to the exterior constitute a violation of
this condition.
20. 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.
21. Conditional Use Permit No. 2012-02 may be revoked or its use 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.
22. 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.
23. The applicant shall comply with Chapter 8.32 PROHIBITING SMOKING IN
PUBLIC PLACES at all times and shall provide signs consistent with Chapter
8.32.040 to the satisfaction of the Community Development Director, prior to
initiation of the uses allowed by this permit.
24. The applicant must obtain a retail tobacco license from the Board of Equalization
prior to opening.
25. The facility must at all times maintain records that reflect that all loose tobacco
sold shall be "Excise Tax Paid". Said records shall be made available to the
Community Development Director upon demand.
-End-