HomeMy WebLinkAboutRES PC 2016 608 2016 0524 RESOLUTION NO. PC-2016-608
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. 2016-01, TO ALLOW THE
OPERATION OF A RESTAURANT AND OUTDOOR DINING
AREA WITH ON-SITE SERVICE OF BEER, WINE, AND LIQUOR
AT 6593 COLLINS DRIVE, #D-5 AND #D-6; AND MAKING A
DETERMINATION OF EXEMPTION UNDER CEQA IN
CONNECTION THEREWITH, ON THE APPLICATION OF MICHEL
M. BARDAVID (FOR CONTINENTAL GARDEN RESTAURANT,
INC)
WHEREAS, on April 19, 2016, Michel M. Bardavid, for Continental Garden
Restaurant, submitted an application for a Conditional Use Permit (CUP) to allow the
operation of an approximately 2,142 square-foot restaurant and approximately 1,000
square-foot outdoor dining area with on-site service of beer, wine, and liquor at 6593
Collins Drive, #D-5 and #D-6 (within the Campus Plaza shopping center); and
WHEREAS, at a duly noticed public hearing on May 24, 2016, the Planning
Commission considered Conditional Use Permit (CUP) No. 2016-01; and
WHEREAS, at its meeting of May 24, 2016 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. 2016-01 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. 2016-01 would allow for the operation of an approximately 2,142 square-foot
restaurant and approximately 1,000 square-foot outdoor dining area with on-site service
of beer, wine, and liquor within an existing shopping center which is currently approved
and used for a mix of services, restaurants, gas station, and school office, and the use
is consistent with the applicable general plan designation and all applicable general plan
policies 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 Quality Act
(CEQA) and the City's CEQA Guidelines. The project qualifies under the Class 1
Resolution No. PC-2016-608
Page 2
exemption under State CEQA Guidelines Section 15301 (existing facilities) because
CUP No. 2016-01 would allow for the operation of an approximately 2,142 square-foot
restaurant and approximately 1,000 square-foot outdoor dining area with on-site service
of beer, wine, and liquor within an existing shopping center which is currently approved
and used for a mix of services, restaurants, gas station, and school office, and the use
is consistent with the applicable general plan designation and all applicable general plan
policies 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:
1. The proposed use is consistent with the provisions of the City's General
Plan, Zoning Ordinance, and other applicable regulations as conditioned
in that the service of alcoholic beverages for on-site consumption is in
conjunction with an approved restaurant, a use consistent with the
General Plan and Zoning.
2. The proposed use is compatible with both existing and permitted land
uses in the surrounding area, in that this is an approved restaurant/bar
where alcoholic beverages typically are served for on-site consumption.
3. The proposed use is compatible with the scale, visual character, and
design of surrounding properties, in that the use does require a significant
modification to the exterior of the approved building, which is permitted
through a Permit Adjustment.
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 of the service of alcoholic beverages for on-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
consumption.
Resolution No. PC-2016-608
Page 3
ADDITIONAL FINDINGS FOR ESTABLISHMENTS SERVING ALCOHOLIC
BEVERAGES:
1. The use will not result in an over concentration in the area of
establishments serving alcoholic beverages in the area, as these sales are
ancillary to the service of food from this restaurant.
2. The use will serve a public convenience, 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.
3. 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.
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.
SECTION 3. PLANNING COMMISSION APPROVAL: the Planning
Commission herby approves Conditional Use Permit No. 2016-01 subject to the
Standard and Special Conditions of Approval found in Exhibit A attached.
Resolution No. PC-2016-608
Page 4
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 Aquino, Groff, Vice Chair Landis, and Chair Di
Cecco
NOES: None
ABSTAIN: None
ABSENT: Chair Hamous
PASSED, AND ADOPTED this 24th day of May, 2016.
Mark rie• `, 11-"r
/ + 4
David A. Bobardt, Community Development Director
Exhibit A— Standard and Special Conditions of Approval
Resolution No. PC-2016-608
Page 5
EXHIBIT A
STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR
CONDITIONAL USE PERMIT (CUP) No. 2016-01
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. All Conditions of Approval for Commercial Planned Development (CPD) No.
2000-04 as amended are incorporated by reference in this approval and shall
continue to apply unless specifically modified by this permit.
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.
Resolution No. PC-2016-608
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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.
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. 2016-01, 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.
8. 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.
9. Conditional Use Permit No. 2016-01 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.
10. 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.
11. Games or contests requiring or involving the consumption of alcoholic beverages
shall not be permitted at any time.
12. Sales for on-site consumption of beer, wine, and/or liquor are permitted only
between the hours of 10:00 a.m. and 12:00 a.m. each day of the week.
Resolution No. PC-2016-608
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13. Approval of a Zoning Clearance is required prior to the issuance of building
permits. All other permit and fee requirements must be met.
14. Alcoholic beverages shall be stored out of reach from customers. Such storage
shall be to the satisfaction of the Community Development Director.
15. Entertainment is not approved as part of this Conditional Use Permit and requires
approval of a separate permit.
16. 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.
17. Food items shall be available for purchase for on-site consumption during all
hours of operation to the satisfaction of the Community Development Director.
18. 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.
19. 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.
20. 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.
21. Outdoor fencing that meets the standards of the California Department of
Alcoholic Beverage Control (ABC) and outdoor furniture must be high quality,
durable, and compatible with the design of the shopping center, subject to review
and approval by the Community Development Director, prior to installation. The
applicant shall submit photographs of the fencing, furniture and umbrellas to the
Community Development Director for review and approval prior to the issuance
of any building permits for the outdoor dining patio. No signs or banners may be
printed on, embroidered on, or attached to in any way any part of the umbrella
fabric. No service of alcoholic beverages will be allowed in the outdoor dining
areas without City-approved fencing that meets State standards.
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22. Applicant shall provide the Community Development Department with a copy of
the ABC approval prior to sale of any alcoholic beverages.
23. 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.
24. No person under the age of eighteen (18) shall serve or package alcoholic
beverages.
25. 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.
26. "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.
27. Areas inside the establishment open to customers must be illuminated sufficiently
to allow the identification of persons to the satisfaction of the Police Chief.
28. 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.
29. 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.
30. No increase of floor area is permitted without approval of an additional permit.
31. 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 Services Manager.
32. 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:
Resolution No. PC-2016-608
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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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