HomeMy WebLinkAboutRES PC 2016 612 2016 0927 RESOLUTION NO. PC-2016-612
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. 2016-03 AND
ADMINISTRATIVE PERMIT NO. 2016-09, TO ALLOW A
SERVICE STATION AND 2,484 SQUARE-FOOT
CONVENIENCE STORE WITH BEER AND WINE SALES FOR
OFF-SITE CONSUMPTION AT 13800 PRINCETON AVENUE,
AND MAKING A DETERMINATION OF EXEMPTION UNDER
CEQA IN CONNECTION THEREWITH, ON THE APPLICATION
OF HENRY LING FOR WESTERN STATES ENGINEERING
WHEREAS, on July 14, 2016, an application was filed by Henry Ling for
Conditional Use Permit No. 2016-03 and Administrative Permit No. 2016-09, to allow a
service station and 2,484 square-foot convenience store with beer and wine sales for
off-site consumption, at 13800 Princeton Avenue; and
WHEREAS, at a duly noticed public hearing on September 27, 2016, the
Planning Commission considered Conditional Use Permit (CUP) No. 2016-03 and
Administrative Permit (AP) No. 2016-09; and
WHEREAS, at its meeting of September 27, 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. 2016-03 and Administrative Permit (AP) No. 2016-09
is categorically exempt from the provisions of the California Environmental Quality Act
(CEQA) pursuant to Section 15301 (Class 1: Existing Facilities) of the California Code
of Regulations in that the development is an existing use that is being remodeled, 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 provisions of the California Environmental Quality Act
(CEQA) pursuant to Section 15301 (Class 1: Existing Facilities) of the California Code
of Regulations in that the development is an existing use that is being remodeled, 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
Resolution No. PC-2016-612
Page 2
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 service
stations with or without mini-marts and with or without beer and wine sales for
off-site consumption in the Commercial Planned Development Zone are a
conditionally-permitted use.
2. The proposed use is compatible with both existing and permitted land uses in the
surrounding area, in that this use is anticipated in the zone and provides a
convenience for surrounding residents and local commuters.
3. The proposed use is compatible with the scale, visual character, and design of
surrounding properties, in that architecture is considered through the application
of an Administrative Permit and is consistent with the requirements of the
Downtown Specific Plan.
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 sale of alcoholic beverages for 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 sale of alcoholic beverages for off-site consumption.
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. Because of the high percentage of
commercial land in this census tract, it is expected to have more uses with
alcoholic beverage sales than census tracts that do not include as much
commercial land, and as a result, a finding of public convenience and necessity
can be made.
2. The use will serve a public convenience, in that the sale of beer and wine for off-
site consumption provides additional consumer opportunities to the primary use
of the site as a gas station and convenience store.
Resolution No. PC-2016-612
Page 3
3. The use will not create the need for increased police services, in that conditions
of approval are included to ensure proper control of the sale of beer and wine for
off-site consumption.
4. The requested use at the proposed location will not adversely affect the
economic welfare of the community in that appropriate controls have been put in
place through conditions of approval.
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. The proposed structures, as conditioned, are architecturally
consistent with the design standards of the Downtown Specific Plan and will
enhance the appearance of the site.
SECTION 3. PLANNING COMMISSION APPROVAL: The Planning
Commission herby approves Conditional Use Permit No. 2016-03 and Administrative
Permit No. 2016-09 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 Aquino, Hamous, Vice Chair Landis, and Chair Di
Cecco
NOES: None
ABSTAIN: None
ABSENT: Commissioner Groff
PASSED, AND ADOPTED this 27th day of Septembe 016.
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Mark Di ec, o, ' air
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David A. Bobardt, Community Development Director
Exhibit A - Standard and Special Conditions of Approval for Conditional Use Permit No.
2016-03 and Administrative Permit No. 2016-09
Resolution No. PC-2016-612
Page 4
EXHIBIT A
CONDITIONS OF APPROVAL FOR
CONDITIONAL USE PERMIT NO. 2016-03
AND ADMINISTRATIVE PERMIT NO. 2016-09
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 by the California Code of Civil Procedure Section
1094.6 and Government Code Section 65009. 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:
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-2016-612
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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. 2016-03 and
Administrative Permit No. 2016-09, 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 and administrative permit consistent with Chapter
17.44 of the Moorpark Municipal Code or as may be amended in the future.
8. This permit shall expire one (1) year from the date of its approval unless the use
for which the permit has been granted has been inaugurated by issuance of a
building permit for construction. The Community Development Director may, at
his/her discretion, grant a one-year extension for use inauguration of the
development permit, if there have been no changes in the adjacent areas and if
the applicant can document that he/she has diligently worked towards use
inauguration during the initial period of time. The request for extension of this
planned development permit shall be made in writing, at least thirty (30) days
prior to the expiration date of the permit and shall be accompanied by applicable
entitlement processing deposits.
9. Conditional Use Permit No. 2016-03 and Administrative Permit No. 2016-09 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. Prior to issuance of a Zoning Clearance for a building permit, the applicant shall
submit a color and material board for review and approval of the Community
Development Director for consistency with the Moorpark Downtown Specific
Plan.
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11. The applicant shall submit a sample of the metal vine trellises to be installed in
wall panels of the south elevation and must be reviewed and approved by the
Community Development Director prior to the issuance of building permits.
12. The vines to be planted on the metal trellises must be a minimum of fifteen (15)
gallon in size and the applicant shall submit a plan which includes the vine
species and amount and number of vines to be planted for review and approval
by the Community Development Director and Parks and Recreation Director prior
to issuance of building permits.
13. Prior to issuance of a Zoning Clearance for a building permit, the applicant shall
submit a fencing, lighting, and landscaping plan for review and approval by the
Community Development Director, Parks and Recreation Director, and Police
Chief that demonstrates compliance with the City's Zoning Ordinance,
Landscape Standards and Guidelines, and Water Efficient Landscape
Ordinance, and provides a safe and secure environment for the building
occupants.
14. None of the prohibited plants indicated in the Provisionally Acceptable Plant List
and the Invasive and Prohibited Plant List contained in the City's Landscape
Standards and Guidelines shall be used on any property within the development
site, or slope area.
15. The applicant shall provide a preliminary title report or other such evidence
showing the number and ownership of the two parcels, subject to the satisfaction
of the Community Development Director. If it is determined these are two
separate legal lots, such lots will be required to be merged prior to issuance of a
zoning clearance for building permit
16. Prior to issuance of a Zoning Clearance for a building permit, the applicant shall
pay Los Angeles Avenue Area of Contribution fees in effect at the time of permit
issuance.
17. Prior to issuance of a Zoning Clearance for a building permit, the applicant shall
submit a revised plan for a fully-covered trash enclosure, with materials and
colors to match the building, for review and approval by the Community
Development Director and City solid waste manager.
18. No outdoor storage is allowed under this approval, other than the propane tanks
as proposed. A decorative metal gate consistent with Fire Department
requirements to screen the propane filling area is required to be installed prior to
final occupancy of the convenience store. Any request for additional outdoor
storage is subject to the application requirements in place at the time of such
request.
19. No outdoor repair or maintenance, including washing, cleaning, or detailing of
vehicles is allowed under this permit.
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20. Applicant shall use "spandrel glass" for false windows to the satisfaction of the
Community Development Director.
21. All windows shall be recessed from the exterior wall plane subject to the
satisfaction of the Community Development Director.
22. Prior to the issuance of a Zoning Clearance for a building permit, the applicant
shall submit a Developer Waste Reduction and Recycling Plan to the satisfaction
of the Administrative Services Manager.
23. The convenience store and fuel sales are permitted to operate only between the
hours of 5:00 a.m. and 12:00 a.m. (midnight) each day of the week. Sales of
beer and wine are permitted only after 6:00 a.m.
24. 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.
25. No person under the age of eighteen (18) shall sell packaged alcoholic
beverages.
26. Areas inside the establishment open to customers must be illuminated sufficiently
to allow the identification of persons.
27. Closed-circuit television cameras shall provide monitoring and recording of the
sales counter to show employee/customer transactions, as well as, the reach-in
refrigerators and floor area. This system should have the capability to record 24
hours. This system shall be protected from access by employees and customers.
28. 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.
29. 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.
Resolution No. PC-2016-612
Page 8
30. Applicant shall provide the Community Development Department with a copy of
the ABC approval prior to sale of any alcoholic beverages.
31. 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.
32. No exterior advertising of any kind or type is allowed promoting or indicating the
availability of alcoholic beverages. Interior displays of beer or wine that are
clearly visible to the exterior shall constitute a violation of this condition.
33. Prior to issuance of a Zoning Clearance for Occupancy, the applicant shall install
an anti-graffiti coating to the building and pump island columns, and prior to
installation, the applicant shall submit the proposed brand and application of the
anti-graffiti coating for the review and approval of the Community Development
Director.
34. All necessary permits must be obtained from the Building and Safety Division
and all construction shall be in compliance with the Moorpark Building Code and
all other applicable regulations.
35. 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.
36. 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.
37. No increase of floor area is permitted without approval of an additional permit.
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