HomeMy WebLinkAboutRES PC 2014 597 2014 0325 RESOLUTION NO. PC-2014-597
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. 2014-03, A REQUEST TO
ALLOW A 2,816 SQUARE-FOOT RESTAURANT AND TO SERVE
BEER AND WINE FOR ON-SITE CONSUMPTION AT 525 LOS
ANGELES AVENUE, SUITES #F AND #G, AND MAKING A
DETERMINATION OF EXEMPTION UNDER CEQA IN
CONNECTION THEREWITH, ON THE APPLICATION OF
DEVERY MORGAN (NO CURDINARY WHEY)
WHEREAS, on January 23, 2014, Devery Morgan, for No Curdinary Whey,
submitted an application for a Conditional Use Permit (CUP) to allow a 2,816 square-
foot Restaurant and to Serve Beer and Wine for On-site Consumption at 525 Los
Angeles Avenue, Suites #F and #G (LA Spring Shopping Center).; and
WHEREAS, at a duly noticed public hearing on March 25, 2014, the Planning
Commission considered Conditional Use Permit (CUP) No. 2014-03; and
WHEREAS, at its meeting of March 25, 2014 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 Community Development Director has determined that proposed
Conditional Use Permit (CUP) No. 2014-03 is exempt from the provisions of the
California Environmental Quality Act pursuant to Section 15301 of the California Code
of Regulations (CEQA Guidelines) and that the project qualifies under the Class 1
exemption under State CEQA Guidelines Section 15301 (existing facilities). CUP No.
2014-03 allows for a restaurant within a vacant tenant space of an existing shopping
center which is currently approved and used for a mix of restaurant, retail, and service
uses, and the use is consistent with the applicable general plan designation and all
applicable general plan policies as well as with the applicable zoning designation and
regulations. In addition, there is no substantial evidence that the project will have a
significant effect on the environment.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DOCUMENTATION: The Planning
Commission concurs with the Community Development Director's determination that the
project is categorically exempt from the requirements of the California Environmental
Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under the
Class 1 exemption under State CEQA Guidelines Section 15301 (existing facilities)
because CUP No. 2014-03 allows for a restaurant within a vacant tenant space of an
existing shopping center which is currently approved and used for a mix of restaurant,
Resolution No. PC-2014-597
Page 2
retail, and service uses, and the use is consistent with the applicable general plan
designation and all applicable general plan policies as well as with the applicable zoning
designation and regulations. In addition, there is no substantial evidence that the
project will have a significant effect on the environment. The Planning Commission has
reviewed the Community Development Director's determination of exemption, and
based on its own independent analysis and judgment, concurs with the determination of
exemption.
SECTION 2. 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 restaurant with beer and wine service is consistent with the provisions
of the City's General Plan, Zoning Ordinance, and other applicable regulations as
conditioned in that the land is planned and zoned for general commercial uses of the
intensity proposed and sufficient parking is available.
B. The proposed use is compatible with both existing and permitted land uses in the
surrounding area, in that this is proposed as a full service restaurant where beer and
wine typically is served for on-site consumption.
C. The proposed use is compatible with the scale, visual character, and design of
surrounding properties, in that the use does not require a significant modification to
the exterior of 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 service of alcoholic beverages 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 service of alcoholic beverages for on-site consumption.
ADDITIONAL FINDINGS FOR ESTABLISHMENTS SERVING ALCOHOLIC
BEVERAGES:
A. Although Census Tract 76.11 exceeds the ABC target number of establishments
selling alcoholic beverages for on-site consumption, it is a census tract dominated by
shopping centers, where such uses are expected. The proposed use under this
Conditional Use Permit will not result in a detrimental overconcentration of
establishments serving alcoholic beverages for on-site consumption in the area, as
these sales will be ancillary to the service of food from this restaurant.
B. The proposed use will provide a public convenience and necessity, in that the
service of alcoholic beverages for on-site consumption is an ancillary use to the
primary use of the building as a restaurant.
Resolution No. PC-2014-597
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C. The use will not create the need for increased police services, in that conditions are
required to ensure proper control of the service of alcoholic beverages for on-site
consumption.
D. The requested use at the proposed location will not adversely affect the economic
welfare of the community.
E. 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 3. PLANNING COMMISSION APPROVAL: the Planning
Commission herby approves Conditional Use Permit No. 2014-03 subject to the
Standard and Special Conditions of Approval found in Exhibit A attached.
SECTION 4. 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 DiCecco, Gould, Hamous, and Chair Groff
NOES: None
ABSENT: Commissioner Landis
ABSTAIN: None
PASSED AND ADOPTED this 25th day of March, 2014.
Daniel Groff, Chair
i , I
David A. Bobardt
Community Development Director
Exhibit A— Standard and Special Conditions of Approval
Resolution No. PC-2014-597
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EXHIBIT A
STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE
PERMIT (CUP) No. 2014-03
STANDARD CONDITIONS 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
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; and
ii. The City defends the claim, action or proceeding in good faith.
Resolution No. PC-2014-597
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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. 2014-03, except
any modifications as may be required to meet specific Code standards or other
conditions stipulated herein. Any future changes to the parking or vehicle
storage layout shall require review and approval by the Community Development
Director.
7. 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.
8. Conditional Use Permit No. 2014-03 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.
9. A separate sign permit application must be submitted for all proposed signs, for
the review and approval of the Community Development Director prior to
issuance of a building permit for a sign.
10. Sales, service, or consumption of beer or wine is permitted only between the
hours of 10:00 A.M. and 10:00 P.M. each day of the week.
11. Alcoholic beverages shall be stored out of reach from customers. Such storage
shall be to the satisfaction of the Community Development Director.
12. The addition of outdoor service of beer and wine at this location will require
fencing to comply with State law and will be subject to approval of a Permit
Adjustment by the Community Development Director prior to initiation.
13. Approval of a Zoning Clearance is required prior to the issuance of building
permits. All other permit and fee requirements must be met.
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14. Entertainment is not approved as part of this Conditional Use Permit and requires
approval of a separate permit.
15. Music and amplified sound, whether live or pre-recorded, may only take place
inside the building and not exceed a volume that can be heard from beyond the
property. All activities on the property must comply with the City's noise
regulations. Any live music event shall require a Temporary Use Permit.
16. 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.
17. 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.
18. The permittee must correct any safety or security problem within three (3) days
upon written notice of such a problem from the Moorpark Police Department.
19. Applicant shall provide the Community Development Department with a copy of
the California Department of Alcoholic Beverage Control (ABC) approval prior to
sale of any alcoholic beverages.
20. The applicant shall comply with Chapter 8.32 PROHIBITING SMOKING IN
PUBLIC PLACES at all times and shall provide signs consistent with Section
8.32.040 of the Moorpark Municipal Code to the satisfaction of the Community
Development Director, prior to initiation of the uses allowed by this permit. Any
smoking area, if desired, shall comply with Section 8.32.030 of the Moorpark
Municipal Code.
21. No person under the age of eighteen (18) shall serve or package alcoholic
beverages.
22. 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.
23. 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
Resolution No. PC-2014-597
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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.
24. "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.
25. Areas inside the establishment open to customers must be illuminated sufficiently
to allow the identification of persons to the satisfaction of the Police Chief.
26. The applicant or his/her designee shall be responsible to police the exterior of the
business to assure that no beer, wine, or liquor is consumed within the parking
lot. The applicant shall not permit any loitering in the parking lot or in areas
adjacent to the facility.
27. No exterior advertising of any kind or type is allowed promoting or indicating the
availability of alcoholic beverages. Interior displays of beer, wine, or liquor that
are clearly visible to the exterior shall constitute a violation of this condition.
28. No increase of floor area is permitted without approval of an additional permit.
29. Prior to the issuance of a Zoning Clearance for tenant occupancy, the applicant
shall submit a Developer Waste Reduction and Recycling Plan to the satisfaction
of the Community Services Administrative Specialist.
30. 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 (ABC) "Leadership and Education in Alcohol and Drugs"
LEAD program or other Responsible Beverage Service (RBS) 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 ABC office to attend a LEAD
or RBS program course.
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