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Resolution No. 2014-600
PLANNING COMMISSION
REGULAR MEETING AGENDA
JULY 22, 2014
7:00 P.M.
Moorpark Community Center 799 Moorpark Avenue
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS:
5. PUBLIC COMMENT:
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON
MEETINGS/CONFERENCES ATTENDED BY THE COMMISSION:
8. PUBLIC HEARINGS: (next Resolution No. PC-2014-600)
A. Consider Resolution Approving Conditional Use Permit No. 2014-06 to Allow
Retail Beer and Wine Sales for On-Site and Off-Site Consumption Including
Tasting within an Existing Approximately 1,443 Square-Foot Tenant Space at 754
Los Angeles Avenue #G-1; and Making a Determination of Exemption Under
CEQA in Connection Therewith on the Application of Frances Fleming and Marc
Bosch (McGregor's Craft Beer). Staff Recommendation: 1) Open the public
hearing, accept public testimony, and close the public hearing; and 2) Adopt
Resolution No. PC-2014- for conditional approval of Conditional Use Permit
All writings and documents provided to the majority of the Commission regarding all agenda items are available for
public inspection at the City Hall public counter located at 799 Moorpark Avenue during regular business hours. The
agenda packet for all regular Commission meetings is also available on the City's website at www.moorparkca.gov.
Any member of the public may address the Commission during the Public Comments portion of the Agenda, unless it
is a Public Hearing or a Discussion item. Speakers who wish to address the Commission concerning a Public Hearing
or Discussion item must do so during the Public Hearing or Discussion portion of the Agenda for that item. Speaker
cards must be received by the Secretary for Public Comment prior to the beginning of the Public Comments portion of
the meeting; for a Discussion item, prior to the Chair's call for speaker cards for each Discussion agenda item; and for
a Public Hearing item, prior to the opening of each Public Hearing, or beginning of public testimony for a continued
hearing. A limitation of three minutes shall be imposed upon each Public Comment and Discussion item speaker. A
limitation of three to five minutes shall be imposed upon each Public Hearing item speaker. Written Statement Cards
may be submitted in lieu of speaking orally for open Public Hearings and Discussion items.Any questions concerning
any agenda item may be directed to the Community Development/Planning office at 517-6233.
Regular Planning Commission Meeting Agenda
June 24, 2014
Page 2
No. 2014-05, and making a determination of exemption under CEQA in connection
therewith. (Staff: Freddy Carrillo)
9. DISCUSSION ITEMS:
10. CONSENT CALENDAR:
A. Consider Approval of the Regular Meeting Minutes of June 24, 2014. Staff
Recommendation: Approve the minutes.
11. ADJOURNMENT:
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting,
including auxiliary aids or services, please contact the Community Development Department at (805) 517-6233. Upon
request, the agenda can be made available in appropriate alternative formats to persons with a disability. Any request
for disability-related modification or accommodation should be made at least 48 hours prior to the scheduled meeting
to assist the City staff in assuring reasonable arrangements can be made to provide accessibility to the meeting (28
CFR 35.102-35.104;ADA Title II).
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss
CITY OF MOORPARK )
AFFIDAVIT OF POSTING
AGENDA
I, Tracy J. Oehler, declare as follows:
That I am the Deputy City Clerk of the City of Moorpark and that an agenda of the
Regular Meeting of the Moorpark Planning Commission to be held on Tuesday, July 22,
2014, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799
Moorpark Avenue, Moorpark, California, was posted on July 17, 2014, at a conspicuous
place at the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on July 17, 2014.
Tracy J. Oehler, Deputy City Clerk
ITEM: 8.A.
MOORPARI{CALIFORNIA
Planning Commission
of •22.201y-
ACTION: APPROVED srnc
RECD 1 n41,-3. ,4kDo Pleb
RESoW-nor No. 2.0th•I-•(poo
BY: T. UoE N LE 12
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: David A. Bobardt, Community Development Director
Prepared by Freddy A. Carrillo, Assistant Planner I 4<1
DATE: June 30, 2014 (PC Meeting of 07/22/2014)
SUBJECT: Consider Resolution Approving Conditional Use Permit No. 2014-06
to Allow Retail Beer and Wine Sales for On-Site and Off-Site
Consumption Including Tasting within an Existing Approximately
1,443 Square-Foot Tenant Space at 754 Los Angeles Avenue #G-1;
and Making a Determination of Exemption Under CEQA in
Connection Therewith on the Application of Frances Fleming and
Marc Bosch (McGregor's Craft Beer)
BACKGROUND
On June 20, 2014, Frances Fleming and Marc Bosch, for McGregor's Craft Beer,
submitted an application for a Conditional Use Permit (CUP) to allow retail beer and
wine sales for on-site or off-site consumption, including tasting, within an existing
approximately 1,443 square-foot tenant space at 754 Los Angeles Avenue #G-1, a
vacant pad building space within the Village at Moorpark Shopping Center. Under their
proposal, customers would be able to purchase bottled, canned, and tap beer and wine
for on-site consumption, including tasting, and bottled and canned beer and bottled wine
for off-site consumption. Neither beer nor wine would be manufactured or bottled on-
site. Limited food items would be available to accompany beer and wine for on-site or
off-site consumption. Beer and wine centric gifts, such as glasses, t-shirts, hats, and
beer-making kits are also proposed for sale. Live acoustic music is requested to be
permitted inside the building, and the applicant is proposing to host meetings and
classes, such as meetings of local craft or home brewing clubs, or education classes by
breweries.
The applicant has also applied with the California Department of Alcohol Beverage
Control for a Type 42 License — (On Sale Beer and Wine — Public Premises), which
would allow the sale of beer and wine for consumption on or off the premises where
sold. Minors are not allowed and food service is not required.
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Honorable Planning Commission
July 22, 2014
Page 2
DISCUSSION
Project Setting
Existing Site Conditions:
The Village at Moorpark shopping center contains approximately 131,745 square feet of
shopping center space. It includes a mix of retail and service businesses, restaurants,
and professional offices. Access to the center is from Miller Parkway and Los Angeles
Avenue.
Previous Applications:
• On September 1, 2004, the City Council adopted Resolution No. 2004-2231
approving Commercial Planned Development Permit No. 2004-01 for the
construction of a 131,745 square-foot shopping center on 11.5 acres located on
the southwest corner of Los Angeles Avenue and Miller Parkway.
• On May 4, 2007, Administrative Permit No. 2007-02, was approved by the
Community Development Director to operate a 2,234 square-foot Camille's
Sidewalk Café restaurant with on-site service of beer and wine consumption
within the restaurant and outdoor dining patio, at 766 Los Angeles Avenue #1.
The license was not renewed and terminated on December 17, 2013. The
Administrative Permit has expired through non-use.
• On February 7, 2008, Administrative Permit No. 2008-01, was approved by the
Community Development Director to operate a 2,875 square-foot Romio's Pizza
& Pasta restaurant with on-site service of beer, wine, and liquor consumption
within the restaurant and outdoor dining patio, at 754 Los Angeles Avenue #2.
The Dugout restaurant took over on March 13, 2010, but has since closed. The
unit is now empty. The Administrative Permit has expired through non-use.
• On September 29, 2010, Administrative Permit No. 2010-05, was approved by
the Community Development Director, to operate a 3,554 square-foot Asakuma
Sushi and Chinese restaurant with on-site service of beer, wine, and liquor
consumption within the restaurant at 718 Los Angeles Avenue B-7. This permit is
still active.
General Plan and Zoning Consistency:
GENERAL PLAN/ZONING
Direction General Plan Zoning Land Use
Site Specific Plan Carlsberg Specific Plan, (Sub-Regional Shopping Center
Commercial/Business Park)
North Light Industrial Industrial Park(M-1) Industrial Park
Carlsberg Specific Plan,
South Specific Plan Single-Family Homes
p (Single-Family Residential) g Y
East Specific Plan Carlsberg Specific Plan, (Sub-Regional Shopping Center
Commercial/Business Park)
West General Commercial Planned Development Shopping Center
Commercial (CPD) pp g
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Honorable Planning Commission
July 22, 2014
Page 3
The General Commercial land use designation in the General Plan is intended to
provide for a wide range of retail and service activities. The Carlsberg Specific Plan and
Zoning Ordinance require Planning Commission approval of a Conditional Use Permit
for this use. This allows for consideration of the compatibility of the proposed use with
surrounding uses in making findings on the application, and adoption of conditions of
approval as deemed necessary.
ANALYSIS
Issues
Staff analysis of the proposed project has identified the following area for Planning
Commission consideration in their decision:
• Control of Alcoholic Beverage Service
• Concentration of Uses
Control of Alcoholic Beverage Service
Staff analysis of the proposed project has identified control of the service of alcoholic
beverages as the primary issue for Planning Commission consideration in their review
of the CUP application. Conditions are recommended by staff to address security
concerns associated with the service of alcoholic beverages. These conditions are
consistent with those recently applied to similar uses. As a public premises, entry will
be restricted to those 21 and over. This addresses many of the security concerns with
the service of alcoholic beverages. Conditions are also recommended to address
potential noise from entertainment.
The applicant has proposed hours of operation from 12:00 P.M. (noon) to 10:00 P.M. on
Monday to Saturday, and Sunday from 12:00 P.M. (noon) to 7:00 P.M. The center has
no conditions limiting hours of operation; however, the Administrative Permits for the
other businesses that serve alcoholic beverages within the center are limited to 10:00
A.M. to 12:00 A.M. (midnight) daily. Staff is recommending a condition as follows:
"Sales, service, or consumption of beer or wine is permitted only between the hours of
10:00 A.M. and 12:00 A.M. each day of the week."
The applicant is proposing to have light snacks available to accompany the service of
alcohol. The Police Department encourages that this be available when serving
alcohol. A condition is recommended to require food items for sale for on-site
consumption.
Concentration of Uses
As mentioned above, the Village at Moorpark shopping center currently has 1 tenant
that is permitted to serve alcoholic beverages. Asakuma Sushi and Chinese restaurant
operates under a Type 47 (On Sale Beer, Wine & Liquor— Eating Place - (Restaurant))
license. Minors are allowed in the premises. This proposed use requires a Type 42 (On
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Honorable Planning Commission
July 22, 2014
Page 4
Sale Beer & Wine — (Public Premises) license, which does not allow minors on
premises, nor does it require food service.
The State Alcohol Beverage Control (ABC) will not issue a license unless the applicant
has obtained the necessary permit from the City. In its analysis, the ABC measures the
number of businesses selling alcoholic beverages by census tract, and compares this
number to other census tracts in the area and derives a target number of
establishments based on population. If a census tract would exceed the target number
of establishments, then findings of public convenience and necessity need to be made
for an ABC permit to be issued. ABC relies on localities to determine whether or not
findings of public convenience and necessity can be made when there is an
overconcentration of establishments in a census tract.
Census Tract 76.13, which contains the project site, is generally bound by the City's
boundary on the north, Read Road on the south (Ventura County), partially City and
Ventura County limits on the east and Spring Road on the west. This tract includes the
Carlsberg Specific Plan and Moorpark Highlands Specific Plan residential
neighborhoods, but does not include the Campus area neighborhoods. ABC allows a
total of four licenses for on-site consumption in this tract without meeting the definition
of overconcentration. Seven exist at this time. Although the technical definition of
overconcentration is met, this census tract has a high percentage of Moorpark's
commercial zoning, within The Village at Moorpark, Moorpark Marketplace, and the
High Street commercial areas. Because of the high percentage of commercial land in
this census tract, it is expected to have more restaurants with alcoholic beverage
service than census tracts that do not include as much commercial land. In addition,
approximately half of the census tract is open space, which further lowers the
population upon which the number of permits is based. A finding of public convenience
and necessity is proposed for this use in the attached draft resolution.
Findings
1. The proposed beer and wine tasting room 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.
2. The proposed use is compatible with both existing and permitted land uses in the
surrounding area, in that the sale of beer and wine for on-site and off-site
consumption, including tasting, complements the surrounding uses and is a use that
is not unanticipated within a commercial center.
3. The proposed use is compatible with the scale, visual character, and design of
surrounding properties, in that the use does not require modification to the exterior of
the approved building.
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
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Honorable Planning Commission
July 22, 2014
Page 5
of the service of alcoholic beverages for on-site and off-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 service of alcoholic beverages for on-site and off-site consumption.
ADDITIONAL FINDINGS FOR ESTABLISHMENTS SERVING ALCOHOLIC
BEVERAGES:
1. Although Census Tract 76.13 exceeds the ABC target number of establishments
selling alcoholic beverages for on-site consumption, it is a census tract dominated by
shopping centers and Moorpark's Downtown corridor, where such uses are
expected. The proposal is unique to the community in that it is primarily a beer and
wine retail store and tasting room. There are no similar uses within the existing
shopping center.
2. The proposed use will serve a public convenience in that the sale of a variety of craft
beers and wine from this location for on-site and off-site consumption, including
tasting, provides a service that currently does not exist in Moorpark.
3. The use will not create the need for increased police services, in that conditions are
required to ensure proper control of the sales and service of alcoholic beverages for
on-site and off-site consumption.
4. The requested use at the proposed location will not adversely affect the economic
welfare of the community.
5. 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.
PROCESSING TIME LIMITS
Time limits have been established for the processing of development projects under the
Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the
Subdivision Map Act (Government Code Title 7, Division 2), and the California
Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13,
and California Code of Regulations, Title 14, Chapter 3). Under the applicable
provisions of these regulations, the following timelines have been established for action
on this project:
Date Application Determined Complete: July 15, 2014
Planning Commission Action Deadline: October 13, 2014
Upon agreement by the City and Applicant, one 90-day extension can be granted to the
date action must be taken on the application.
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Honorable Planning Commission
July 22, 2014
Page 6
ENVIRONMENTAL DETERMINATION
In accordance with the City's environmental review procedures adopted by resolution,
the Community Development Director determines the level of review necessary for a
project to comply with the California Environmental Quality Act (CEQA). Some projects
may be exempt from review based upon a specific category listed in CEQA. Other
projects may be exempt under a general rule that environmental review is not
necessary where it can be determined that there would be no possibility of significant
effect upon the environment. A project which does not qualify for an exemption requires
the preparation of an Initial Study to assess the level of potential environmental impacts.
Based upon the results of an Initial Study, the Director may determine that a project will
not have a significant effect upon the environment. In such a case, a Notice of Intent to
Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For
many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be
sufficient environmental documentation. If the Director determines that a project has the
potential for significant adverse impacts and adequate mitigation cannot be readily
identified, an Environmental Impact Report (EIR) is prepared.
The Director has reviewed this project and found it to Categorically Exempt in
accordance with Section 15301 (Class 1, Existing Facilities) of California Code of
Regulations (CEQA Guidelines) in that this is development is within an existing
shopping center with appropriate access, parking and circulation for this proposal. No
further environmental documentation is required.
NOTICING
Public Notice for this meeting was given consistent with Chapter 17.44.070 of the
Zoning Ordinance as follows:
1. Publication. The notice of the public hearing was published in the Ventura County
Star on July 12, 2014.
2. Mailing. The notice of the public hearing was mailed on July 2, 2014, to owners
of real property, as identified on the latest adjusted Ventura County Tax Assessor
Roles, within one-thousand (1,000) feet of the exterior boundaries of the
assessor's parcel(s) subject to the hearing.
3. Sign. One 32 square foot sign is to be placed on the street frontage by July 11,
2014.
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the public hearing;
and
2. Adopt Resolution No. PC-2014- approving Conditional Use Permit No.
2014-03 with conditions of approval and making a determination of exemption
under CEQA in connection therewith.
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Honorable Planning Commission
July 22, 2014
Page 7
ATTACHMENTS:
1. Location Map
2. Aerial Photograph
3. Project Exhibits
A. Site Plan
B. Floor Plan
4. Draft PC Resolution with Conditions of Approval
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PC ATTACHMENT 3.B.
11
RESOLUTION NO. PC-2014-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF MOORPARK, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. 2014-06, A REQUEST
TO ALLOW RETAIL BEER AND WINE SALES FOR ON-
SITE AND OFF-SITE CONSUMPTION, INCLUDING
TASTING, WITHIN AN EXISTING APPROXIMATELY 1,443
SQUARE-FOOT TENANT SPACE AT 754 LOS ANGELES
AVENUE #G-1; AND MAKING A DETERMINATION OF
EXEMPTION UNDER CEQA IN CONNECTION
THEREWITH, ON THE APPLICATION OF FRANCES
FLEMING AND MARC BOSCH (MCGREGOR'S CRAFT
BEER)
WHEREAS, on June 20, 2014, Frances Fleming and Marc Bosch, for
McGregor's Craft Beer, submitted an application for a Conditional Use Permit (CUP) to
allow retail beer and wine sales for on-site or off-site consumption, including tasting,
within an existing approximately 1,443 square-foot tenant space at 754 Los Angeles
Avenue, #G-1 (within the Village at Moorpark shopping center).; and
WHEREAS, at a duly noticed public hearing on July 22, 2014, the Planning
Commission considered Conditional Use Permit (CUP) No. 2014-06; and
WHEREAS, at its meeting of July 22, 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. 2014-06 is categorically exempt from the provisions
of the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Class 1
Categorical Exemption: Existing Facilities) of the California Code of Regulations. CUP
No. 2014-06 allows for a beer and wine retail store and tasting room 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
Carlsberg Specific Plan and 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
PC ATTACHMENT 4
12
Resolution No. PC-2014-_
Page 2
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. 2014-06 allows for a beer and wine retail store and tasting room
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 Carlsberg Specific Plan and 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 beer and wine tasting room 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 the sale of beer and wine for on-site and off-site
consumption, including tasting, complements the surrounding uses and is a use that
is not unanticipated within a commercial center.
C. The proposed use is compatible with the scale, visual character, and design of
surrounding properties, in that the use does not require 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 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 service of alcoholic beverages for on-site and off-site consumption.
ADDITIONAL FINDINGS FOR ESTABLISHMENTS SERVING ALCOHOLIC
BEVERAGES:
A. Although Census Tract 76.13 exceeds the ABC target number of establishments
selling alcoholic beverages for on-site consumption, it is a census tract dominated by
shopping centers and Moorpark's Downtown corridor, where such uses are
expected. The proposal is unique to the community in that it is primarily a beer and
wine retail store and tasting room. There are no similar uses within the existing
shopping center.
13
Resolution No. PC-2014-
Page 3
B. The proposed use will serve a public convenience in that the sale of a variety of craft
beers and wine from this location for on-site and off-site consumption, including
tasting, provides a service that currently does not exist in Moorpark.
C. The use will not create the need for increased police services, in that conditions are
required to ensure proper control of the sales and service of alcoholic beverages for
on-site and off-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. 2014-06 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:
NOES:
ABSENT:
ABSTAIN:
PASSED AND ADOPTED this 22nd day of July, 2014.
Daniel Groff, Chair
David A. Bobardt
Community Development Director
Exhibit A— Standard and Special Conditions of Approval
14
Resolution No. PC-2014-
Page 4
EXHIBIT A
STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE
PERMIT (CUP) No. 2014-06
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.
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Resolution No. PC-2014-
Page 5
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. 2014-06, 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. 2014-06 may be revoked or its use suspended by the
City, if any of the causes listed in Section 17.44.080.6 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. Outdoor service and/or sales of alcoholic beverages are not permitted. Signs
must be posted at the building exits indicating that customers may not leave the
building with open containers of alcoholic beverages.
11. Games or contests requiring or involving the consumption of alcoholic beverages
shall not be permitted at any time.
12. Music, 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. Live music
must be acoustic and may not be amplified. All activities on the property must
comply with the City's noise regulations.
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Resolution No. PC-2014-
Page 6
13. Sales, service, or consumption of beer or wine is permitted only between the
hours of 10:00 a.m. and 12:00 a.m. each day of the week.
14. Approval of a Zoning Clearance is required prior to the issuance of building
permits. All other permit and fee requirements must be met.
15. Food items shall be available for purchase for on-site consumption during all
hours of operation to the satisfaction of the Community Development Director.
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 (21) shall serve or_ package alcoholic
beverages.
22. No person under the age of twenty-one (21) is allowed in the premises. A clearly
visible sign at the entrance shall be posted indicating this restriction to the
satisfaction of the Community Development Director.
23. 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.
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Resolution No. PC-2014-
Page 7
24. Areas inside the establishment open to customers must be illuminated sufficiently
to allow the identification of persons to the satisfaction of the Police Chief.
25. 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.
26. 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.
27. No increase of floor area is permitted without approval of an additional permit.
28. 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 Senior Management Analyst.
29. Any and all employees directly involved or supervising the sale/service of
alcoholic beverages shall upon request, 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.
-END-
18
MOORPARK,CAUFORNIA ITEM: 10.A.
Planning Commission
of 3. 22.20ti4-
ACTION: Aa:'RoveD •
BY: T. C �-ft-Erb.
MINUTES OF THE PLANNING COMMISSION
Moorpark, California June 24, 2014
A Regular Meeting of the Planning Commission of the City of Moorpark was held on
June 24, 2014, in the Council Chambers of said City located at 799 Moorpark Avenue,
Moorpark, California.
1. CALL TO ORDER:
Chair Groff called the meeting to order at 7:01 p.m.
2. PLEDGE OF ALLEGIANCE:
Commissioner Di Cecco led the Pledge of Allegiance.
3. ROLL CALL:
Present: Commissioners Di Cecco, Gould, Hamous, Landis, and
Chair Groff.
Staff Present: David Bobardt, Community Development Director; Joseph
Fiss, Principal Planner; Freddy Carrillo, Assistant Planner I;
and Tracy Oehler, Administrative Specialist.
4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS:
None.
5. PUBLIC COMMENT:
None.
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
None.
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Minutes of the Planning Commission
Moorpark, California Page 2 June 24, 2014
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON
MEETINGS/CONFERENCES ATTENDED BY THE COMMISSION:
(Future agenda items are tentative and are subject to rescheduling.)
Mr. Bobardt announced there would be regular Planning Commission meetings
in July and August.
8. PUBLIC HEARINGS: (next Resolution No. PC-2014-599)
A. Consider Resolution Approving Conditional Use Permit No. 2014-05 to
Allow an Auto Body Shop within an Existing Auto Repair Shop Located at
5240 Bonsai Street, and Making a Determination of Exemption under
CEQA in Connection Therewith on the Application of Mir Rafiq (Elite Auto
Repair & Body Shop). Staff Recommendation: 1) Open the public hearing,
accept public testimony, and close the public hearing; and 2) Adopt
Resolution No. PC-2014-599 for conditional approval of Conditional Use
Permit No. 2014-05, and making a determination of exemption under
CEQA in connection therewith. (Staff: Freddy Carrillo)
Mr. Carrillo gave the staff report.
A discussion followed between the Commissioners and staff regarding the
requested improvement in order to comply with the City's current storm
water requirements, parking spaces including enforcement, and CEQA
compliance.
Chair Groff opened the Public Hearing.
Mir Rafiq, Elite Auto Repair & Body Shop, applicant, gave an overview of
the business.
Mark Holland, a Moorpark resident and business owner, expressed his
concern regarding the number of auto body businesses within the City.
A discussion followed between the Commissioners and staff regarding the
application process regarding auto repairs and auto body repairs within M-1
and M-2 zones; code enforcement of unpermitted activities; and whether
the Moorpark Municipal Code addresses the oversaturation of businesses.
Phil and Linda Heckendorf, Moorpark property owners, expressed their
concern regarding the number of auto body businesses within the City
including those operating without proper licenses.
Chair Groff closed the Public Hearing.
20
Minutes of the Planning Commission
Moorpark, California Page 3 June 24, 2014
A discussion followed between the Commissioners regarding their role as
it is to decide whether this proposed use is appropriate in a particular
zone, code enforcement, and their support of the project.
MOTION: Commissioner Gould moved and Commissioner Di Cecco seconded a
motion to approve staff recommendation to adopt Resolution No. PC-2014-599,
approving Conditional Use Permit No. 2014-05 with conditions of approval; and
making a determination of exemption under CEQA in connection therewith. The
motion carried by unanimous voice vote.
9. DISCUSSION ITEMS:
A. Consider Permit Adjustment No. 3 to Planned Development (PD) No.
1051 (Woodcreek Apartments) to Allow Installation of a 6-Foot High
Tubular Steel Fence with Pilasters in Front of the Apartment Complex and
an Entry Gate with Intercom of the Site Located at 600 Spring Road on the
Application of Pablo Pesantez for Woodcreek Apartments. Staff
Recommendation: Direct the Community Development Director to issue a
letter approving Permit Adjustment No. 3 to PD No. 1051, subject to
conditions of approval. (Staff: Freddy Carrillo)
Mr. Carrillo gave the staff report.
A discussion followed between the Commissioners and staff regarding the
proposed Spring Road Widening Project and if it would affect this project.
Pablo Pesantez, representative for Woodcreek Apartments, stated the
property owners are requesting the entry gate and fencing to enforce
parking restrictions and tenant security.
A discussion followed between the Commissioners, applicant, and staff
regarding possible stacking issues onto Spring Road and the redesigning
of the gate and keypad placement.
MOTION: Commissioner Gould moved and Commissioner Di Cecco seconded a
motion to approve staff recommendation to direct the Community Development
Director to issue a letter approving Permit Adjustment No. 3 to PD No. 1051,
subject to conditions of approval. The motion carried by unanimous voice vote.
10. CONSENT CALENDAR:
MOTION: Commissioner Di Cecco moved and Commissioner Gould seconded a motion
to approve the Consent Calendar. The motion carried by unanimous voice vote.
A. Consider Approval of the Special Joint Meeting Minutes of April 23, 2014.
Staff Recommendation: Approve the minutes.
21
Minutes of the Planning Commission
Moorpark, California Page 4 June 24, 2014
B. Consider Approval of the Regular Meeting Minutes of May 27, 2014. Staff
Recommendation: Approve the minutes.
11. ADJOURNMENT:
MOTION: Commissioner Landis moved and Vice Chair Hamous seconded a motion to
adjourn. The motion carried by unanimous voice vote. The time was 7:53 p.m.
Daniel Groff, Chair
David A. Bobardt
Community Development Director
22