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HomeMy WebLinkAboutRES CC 2016 3555 2016 1116 RESOLUTION NO. 2016-3555 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 2016-01 AND CONDITIONAL USE PERMIT NO. 2016-04 FOR THE CONSTRUCTION AND OPERATION OF A NEW TWO-STORY FOOD MARKET, RESTAURANT WITH ALCOHOLIC BEVERAGE SALES, BANQUET ROOM, COMMERCIAL KITCHEN, AND MICROBREWERY TOTALING 16,734 SQUARE FEET ON 1.23 ACRES AT 44 HIGH STREET, AND MAKING A DETERMINATION OF EXEMPTION UNDER CEQA IN CONNECTION THEREWITH, ON THE APPLICATION OF SEAN RASMUSSEN, WADE WEISSMAN ARCHITECTURE, FOR APRICOT LANE MARKET HOLDINGS LLC WHEREAS, on June 21, 2016, Sean Rasmussen, Wade Weissman Architecture, for Apricot Lane Market Holdings LLC, submitted an application for a Commercial Planned Development (CPD) Permit No. 2016-01 and Conditional Use Permit (CUP) No. 2016-04 for the construction and operation of a new two-story food market, restaurant, commercial kitchen, and microbrewery totaling 16,734 square-feet on 1.23 acres at 44 High Street; and WHEREAS, on October 25, 2016, after holding a duly noticed public hearing, the Planning Commission adopted Resolution No. PC-2016-613, recommending approval of Commercial Planned Development (CPD) Permit No. 2016-01 and Conditional Use Permit (CUP) No. 2016-04, subject to conditions of approval; and WHEREAS, at a duly noticed public hearing on November 16, 2016 for CPD Permit No. 2016-01 and CUP No. 2016-04, the City Council 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 the project CPD Permit No. 2016-01 and CUP No. 2016-04 is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15332 (Class 32: In-fill Development Projects) of the California Code of Regulations (CEQA Guidelines). The proposed buildings and uses are consistent with the General Plan, Downtown Specific Plan, and Zoning regulations; the project is within the City on a site of less than five acres in size and surrounded by urban uses, the site has no value as habitat, the project will not result in significant effects to traffic noise, air quality or water quality, and the site is adequately served by existing utilities. In addition, there is no substantial evidence that the project will have a significant effect on the environment due to unusual circumstances. Accordingly, no further environmental documentation is needed. Resolution No. 2016-3555 Page 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DETERMINATION: The City Council, based on its own independent analysis and judgment, 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 15332 (Class 32: In-fill Development Projects) of the California Code of Regulations (CEQA Guidelines) for the following reasons: A. The project is consistent with applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. The General Plan and Zoning Ordinance have designated the site as, "Old Town Commercial," and the site is in the Downtown Specific Plan area. The General Plan promotes this comprehensive specific plan to coordinate the revitalization of the downtown area. The vision for the High Street area in the Downtown Specific Plan is to retain the country charm and agrarian qualities that are the roots of Moorpark's history by creating a pedestrian-oriented area where people walk, shop, and feel safe on the street at night, with a unique mix of offices and businesses and the cultural and civic hub to the city. The proposed buildings and uses contribute to this vision by providing daytime and nighttime dining and shopping opportunities in a building that is consistent with the Design Guidelines of the Downtown Specific Plan. The building meets the height and setback requirements of the Zoning Ordinance and the proposed uses are allowed with a Conditional Use Permit in the Old Town Commercial Zone. B. The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. High Street is one of the first areas of the city to have been developed, has been a part of the City of Moorpark since incorporation, and development has existed around the 1.23- acre project site for over 100 years. C. The project site has no value as habitat for endangered, rare or threatened species. No endangered, rare or threatened species have been identified on the project site, which has had urban uses on it for over 100 years. Existing vegetation consists of ash trees, Mexican fan palm trees and California pepper trees, which are ornamental non-native species with no habitat value. The site is also not conducive as habitat for endangered, rare, or threatened species because it is in very close proximity to a railroad line, and it is located in an older downtown portion of the City with a variety of urban uses. D. Approval of the project will not result in any significant effects relating to traffic, noise, air quality, or water quality. The project is consistent with the scale of other commercial development on High Street. Los Angeles Avenue Area of Contribution fees will be paid by the project applicant per applicable City Resolution No. 2016-3555 Page 3 resolution (currently Resolution No. 2014-3336) at the time of building permit issuance to provide a project contribution to specified traffic improvements. The site is surrounded by commercial development and a railroad right-of-way. There are no sensitive noise receptors that would be affected by activities on the site. A condition is included to limit hours and type of outside entertainment to ensure compliance with the City's noise regulations. Given the relatively small size of the use, traffic generated is not expected to have a noticeable increase in noise in the surrounding area. Standard conditions are included for construction grading to be in compliance with the Ventura County Air Pollution Control District's fugitive dust rules, and to water the site and avoid grading on days with strong winds. Air quality fees will be paid by the project applicant per applicable City resolution (currently Resolution No. 2006-2461) to provide funding for facilities that reduce motor vehicle traffic. The project will comply with the current NPDES (stormwater quality) permit, which will avoid significant water quality effects by retaining most stormwater runoff on-site. E. The site can be adequately served by all required utilities and public services. The site has previously been developed with several uses since High Street was first developed over 100 years ago. Electricity, natural gas, water, sewer, and communication services are already available at the site, and the usage is expected to be similar to previous uses on the site as well as other commercial uses on High Street. F. The project does not meet any of the findings in Section 15300.2 of the CEQA Guidelines to preclude the use of a Class 32 — Infill Development Projects categorical exemption for the following reasons: i. Cumulative Effects— There is a limited amount of vacant land available on High Street for further development that could result in cumulative effects when combined with the proposed development of the project site. Available infrastructure was designed to serve commercial development on the south side of High Street and thus there is no evidence that the project, together with other planned projects in the area, will have a significant cumulative effect on environmental resources. ii. Unusual Circumstances — The relatively level site had been previously developed over time with a Southern Pacific railroad depot, two separate restaurants, and a chicken feed operation. The depot building and one of the restaurants have since been demolished. The chicken feed operation has been abandoned, but the buildings for that use remain on this site and the adjacent site to the east. One of the restaurants still is operating on the site. No known unusual circumstances, as more fully explained in this Section of the Resolution, would cause the reasonable possibility for any impacts of the project to cause a significant effect on the environment. Resolution No. 2016-3555 Page 4 N. Scenic Highways — There are no state scenic highways adjacent to the project site, and none that would be affected by this development. iv. Hazardous Waste Sites — The project is not located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. v. Historical Resources — The project site was once the location of a Southern Pacific Railroad Depot, constructed in the early 1900's. This depot suffered fire damage and was torn down in the early 1960's. The existing buildings on site include two warehouse/silo screening structures for a chicken feed operation constructed around 1979/1980, and a restaurant building originally constructed in 1960, but modified substantially over time. These structures, having been constructed relatively recently, are not associated with any persons or events of historical interest, are not examples of any unique or significant architecture, and have no known historical value. These buildings will be demolished as part of the project. Although archeological and paleontological resources are not expected on the site due to its recent use for a variety of urban activities, Standard Condition Nos. 9 and 10 provide proper procedures for the handling and disposition of archaeological and paleontological resources if they are discovered during construction activities, including grading, on the site. These procedures would avoid significant effects on these resources, in the event they are discovered on the site. The California Pepper street tree grove on High Street is a recognized historical resource listed by the County of Ventura, as it was originally planted by Robert Poindexter, one of the founders of the town site of Moorpark. In 2007, the City adopted a California Pepper Trees Maintenance Plan for these street trees on High Street. An Environmental Impact Report (EIR) was prepared and adopted for this plan to address potential historical impacts of tree removal. One young California Pepper tree that is not identified as a historic tree will be removed or relocated as part of the project, but this tree will be replaced. The project will not involve the removal of any identified historical trees and will be in compliance with the maintenance plan. Compliance with this plan was found in the EIR to be sufficient mitigation to reduce or avoid significant effects on this historical resource. SECTION 2. PLANNED DEVELOPMENT PERMIT FINDINGS: Based upon the information set forth in the staff report, accompanying studies, and oral and written public testimony, the City Council makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.030: Resolution No. 2016-3555 Page 5 A. The site design, including structure location, size, height, setbacks, massing, scale, architectural style and colors, and landscaping, as conditioned, are consistent with the provisions of the General Plan, the Downtown Specific Plan, the Zoning Ordinance, and any other applicable regulations. B. The site design would not create negative impacts on or impair the utility of properties, structures or uses in the surrounding area in that the buildings comply with Zoning regulations and Downtown Specific Plan Design Guidelines and sufficient parking is provided on site. C. The proposed uses are compatible with existing and permitted uses in the surrounding area, which is part of the Old Town Commercial General Plan and Zoning designation and Downtown Specific Plan area. Permitted uses in this area have been coordinated to ensure compatibility. SECTION 3. CONDITIONAL USE PERMIT FINDINGS: Based upon the information set forth in the staff report, accompanying studies, and oral and written public testimony, the City Council makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.040(D): A. The proposed use is consistent with the provisions of the City's General Plan, Zoning Ordinance, and other applicable regulations as conditioned in that breweries and restaurants servicing alcoholic beverages for on-site consumption are conditionally permitted within the zone, and conditions of approval have been proposed to mitigate potential problems. B. The proposed use is compatible with both existing and permitted land uses in the surrounding area, in that this is an approved microbrewery and restaurant where alcoholic beverages typically are served for on-site consumption. C. The proposed use is compatible with the scale, visual character, and design of surrounding properties, in that architecture is considered through the application of a Commercial Planned Development and is consistent with the requirements of the Downtown Specific Plan. 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; and E. The proposed use as conditioned would not be detrimental to the public health, safety, convenience, or welfare in that the conditions required to ensure proper control of the service of alcoholic beverages for on-site consumption. ADDITIONAL FINDINGS FOR THE MICROBREWERY: F. Although Census Tract 76.13 exceeds the ABC target number of establishments Resolution No. 2016-3555 Page 6 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. There are no similar microbreweries on High Street. G. The use will serve a public convenience in that the sale of beer from this location for on-site or off-site consumption allows the public a local choice for craft beer brewed on site that does not exist on High Street. H. The use will not create the need for increased police services in that conditions are required to ensure proper control of the sale of beer for on-site and off-site consumption. The requested use at the proposed location will not adversely affect the economic welfare of the community. J. 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. ADDITIONAL FINDINGS FOR THE RESTAURANT SERVING ALCOHOLIC BEVERAGES: K. 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 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 the restaurant. L. 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 proposed building as a restaurant. M. The use will not create the need for increased police services in that conditions are required to ensure proper control of the sale of alcoholic beverages for on- site consumption. N. 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. Resolution No. 2016-3555 Page 7 O. 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 4. APPROVAL OF PROJECT: Based on all of the findings contained herein and all the evidence in the record of this matter, the City Council approves CPD Permit No. 2016-01 and CUP No. 2016-04 subject to the Special and Standard Conditions of Approval included in Exhibit A (Special and Standard Conditions of Approval), attached hereto and incorporated herein by reference. SECTION 5. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. PASSED AND ADOPTED this 16th day of November, 2016. rry) vice S. Parvin, Mayor ATTEST: ocr 4.04411110pre Maureen Benson, City Clerk _ al Exhibit A— Special and Standard Conditions of Approval ®9 Ly Resolution No. 2016-3555 Page 8 EXHIBIT A STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 2016-01 AND CONDITIONAL USE PERMIT NO. 2016-04 STANDARD CONDITIONS OF APPROVAL The applicant shall comply with Standard Conditions of Approval for Planned Developments and Conditional Use Permits as adopted by City Council Resolution No. 2009-2799 (Exhibits A and B), except as modified by the following Special Conditions of Approval. In the event of conflict between a Standard and Special Condition of Approval, the Special Condition shall apply. SPECIAL CONDITIONS OF APPROVAL 1. The applicant's acceptance of this permit and/or commencement of construction and/or operations under this permit is deemed to be acceptance of all conditions of this permit. 2. 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 Resolution No. 2016-3555 Page 9 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. 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 Commercial Planned Development Permit No. 2016-01 and Conditional Use Permit No. 2016-04, except any modifications as may be required to meet specific Code standards or other conditions stipulated herein. Any future changes to the parking layout shall require review and approval as determined by the Community Development Director consistent with Chapter 17.44 of the Zoning Ordinance. 7. Commercial Planned Development Permit No. 2016-01 and Conditional Use Permit No. 2016-04 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. 8. Conditional Use Permit No. 2016-04 is granted or approved with the City's designated approving body retaining and reserving the right and jurisdiction to review and to modify the permit—including the conditions of approval—based on changed circumstances. Changed circumstances include, but are not limited to, major modification of the business; a change in scope, emphasis, size, or nature of the business; the expansion, alteration, reconfiguration, or change of use; or the fact that the use is negatively impacting surrounding uses by virtue of impacts not identified at the time of application for the conditional use permit or impacts that are much greater than anticipated or disclosed at the time of application for the conditional use permit. The reservation of right to review any permit granted or approved under this chapter by the City's designated approving body is in addition to, and not in lieu of, the right of the City, its Planning Commission, City Council and designated approving body to review and revoke or modify any permit granted or approved under this chapter for any violations of the conditions imposed on such permit. Resolution No. 2016-3555 Page 10 9. 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. 10. 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. Fencing along the south side of the property on or adjacent to property owned by the Ventura County Transportation Commission (VCTC) shall be subject to review and approval by VCTC to prevent unauthorized access to VCTC property. No service of alcoholic beverages will be allowed in the outdoor dining areas without City-approved fencing that meets State standards. 11. Prior to the issuance of a Zoning Clearance for a building permit, the applicant shall submit to the City Engineer/Public Works Director for review and approval public right-of-way improvements plans prepared by a California Registered Civil Engineer for the High Street frontage of the property, and enter into an agreement with the City of Moorpark to complete public improvements, with sufficient surety posted to guarantee the complete construction of all improvements. The improvements shall include concrete curb and gutter, sidewalk, driveways, street lights, striping and signing and paving in accordance with Ventura County Road Standards. Improvements to the sidewalk and parkway in the public right-of-way shall also be reviewed and approved by the Community Development Director and Parks and Recreation Director. Installation of decorative sidewalk shall be subject to a license agreement or similar instrument and surety with the City to ensure ongoing maintenance of the sidewalk and acceptance of liability in a manner acceptable to the City Engineer/Public Works Director, City Manager, and City Attorney. 12. 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 the development site, with the exception of California Pepper Trees as part of the High Street streetscape. 13. Prior to the issuance of a Zoning Clearance for a building permit, the applicant shall submit a 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. Resolution No. 2016-3555 Page 11 14. Prior to the issuance of a Zoning Clearance for occupancy, the applicant shall submit a Developer Waste Reduction and Recycling Plan to the satisfaction of the assigned manager for the Solid Waste and Recycling Division. 15. 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. 16. Parking areas must be developed and maintained in compliance with the Moorpark Municipal Code, and surfaced with asphalt, concrete, or other surface acceptable to the Community Development Director, City Engineer/Public Works Director, and must include adequate provisions for drainage, National Pollution Discharge Elimination System (NPDES) compliance, striping and appropriate wheel blocks or curbs in parking areas adjacent to landscaped areas. All parking space striping must be maintained to be clearly visible during the life of the development. 17. The number of parking spaces shall be maintained consistent with Chapter 17.32 of the Zoning Ordinance. Should the applicant no longer have the right to access and use the parking spaces proposed on property owned by VCTC, either the spaces shall meet the shared parking provisions of Section 17.32.025 of the Zoning Ordinance, or additional parking shall be provided to the satisfaction of the Community Development Director. 18. Reciprocal access to adjacent parking lots to the west and east shall be provided and maintained as required by the Development and Disposition Agreement between the City of Moorpark and Developer for this project, as long as it does not result in the reduction of parking on the project site, not including the VCTC site, below an amount required by the Zoning Ordinance. 19. A separate sign permit application is required for all proposed signs, which are subject to the review and approval of the Community Development Director. Signage proposed on the chimney element is subject to review and approval by the City Council. 20. Outdoor furniture shall be subject to review and approval of the Community Development Director to ensure high quality, durability, and compatibility with the building design. 21. No outdoor storage is allowed under this approval. Any request for outdoor storage shall be subject to the application requirements in place at the time of such request. A mobile food truck may be parked on site in a location approved Resolution No. 2016-3555 Page 12 by the Community Development Director only during dining events, and must not obstruct driveway access, nor to serve as signage. 22. Prior to issuance of a Zoning Clearance for a building permit, the applicant shall submit the Los Angeles Avenue Area of Contribution Fee, Air Quality Fee, Tree and Landscape Fee, Fire Protection Facilities Fee, Police Facilities Fee, Library Facilities Fees, processing fees and deposits and fees required to be submitted to other agencies. All entitlement processing fees must be paid up prior to the issuance of a Zoning Clearance for a building permit. 23. Prior to issuance of a Zoning Clearance for a building permit, applicant shall either submit an in-lieu art fee or indicate a location for on-site public art in compliance with Chapter 17.50 of the Zoning Ordinance. If on-site public art is approved, it must be installed and completed prior to issuance of a Certificate of Occupancy. 24. The Developer agrees to cast affirmative ballots for the formation of one or more assessment districts and levying of assessments and any proposed assessment increases for existing assessment districts for the maintenance of parkway and median landscaping, National Pollution Discharge Elimination System (NPDES) requirements including but not limited to all water and electricity costs, and if requested by the City Council, parks for the provision of special benefits conferred by same upon properties within the Project. In the event that any such Assessment District has insufficient funds for its purposes, then Developer shall pay the funds required to the Assessment District within five (5) business days after written demand from the Assessment District from time to time. 25. The Developer agrees that any fees and payments pursuant to the Development and Disposition Agreement between the City of Moorpark and Developer for this project and the CPD Permit and CUP shall be made without reservation, and Developer expressly waives the right to payment of any such fees under protest pursuant to California Government Code Section 66020 and statutes amendatory or supplementary thereto. The Developer further agrees that the fees it has agreed to pay for this project and the CPD Permit and CUP are not public improvement fees collected pursuant to Government Code Section 66006 and statutes amendatory and supplementary thereto. 26. The Developer acknowledges that High Street is home to a historical grove of California Pepper Trees and that the trees are maintained pursuant to an adopted Pepper Tree Maintenance Plan (Maintenance Plan). The Developer agrees to retain historic trees that affect the Project, in accordance with the Maintenance Plan, and as directed by the City. Resolution No. 2016-3555 Page 13 27. The Developer acknowledges that there are bricks and a gazebo on High Street dedicated to the history of Moorpark. If Developer's Project requires the relocation of those bricks or gazebo to accommodate Developer's Project, Developer agrees to accommodate relocation of the bricks or gazebo to a different location as determined by the City at Developer's cost. 28. Developer acknowledges that the streetlights adjacent to the Project are currently owned by Southern California Edison (SCE), but may be owned by the City in the future. The streetlights may be subject to relocation or removal dependent upon future development or improvement of the High Street streetscape as determined by the City. 29. Hours of operation are not restricted. The Community Development Director may impose restrictions necessary to bring the use into compliance with the Moorpark Municipal Code or to eliminate a public nuisance pursuant to any provision of the Moorpark Municipal Code. 30. Sales or service of alcoholic beverages for on-site consumption allowed by this Conditional Use Permit are permitted only between the hours of 8:00 a.m. and 12:00 a.m. (midnight). 31. The proprietor shall reimburse the City of Moorpark for any additional police or other costs incurred by the City as a result of operations of the facility, including 15% overhead on any such services. 32. Closed-circuit television cameras shall provide monitoring and recording of the sales counter to show employee/customer transactions and floor areas. This system should have the capability to record 24 hours. This system shall be protected from access by employees and customers. 33. Prior to final occupancy, an alarm system shall be installed to the satisfaction of the Police Chief and Community Development Director. 34. No person under the age of eighteen (18) may serve alcoholic beverages to customers. 35. This premise is not licensed by California Department of Alcoholic Beverage Control (ABC) to operate as a bar or a nightclub and must maintain the premises consistent with the terms and conditions of the Type 23 Small Beer Manufacturer and Type 47 On Sale General-Eating Place licenses or subsequent licenses issued by the ABC. 36. 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. 2016-3555 Page 14 a. Received training from (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 ABC 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. 37. Applicant shall provide the Community Development Department with a copy of ABC approvals prior to sale of any alcoholic beverages. 38. No employee shall sell any alcoholic beverages to any person under twenty-one (21) years of age. 39. The manager or his/her designee shall be responsible to supervise the exterior of the business to assure that no beer or other alcoholic beverages are being served or consumed outside the permitted area for consumption. The owner/manager shall not permit any loitering on the property adjacent to the facility. 40. Prior to initiating any dining events involving mobile food service, the applicant shall provide a site plan for review and approval of the Community Development Director showing location of food service and dining and that on-site vehicular or pedestrian circulation is not obstructed. 41. Games or contests requiring or involving the consumption of alcoholic beverages shall not be permitted at any time. 42. During any activity that may require the need for additional security, security personnel must be provided to monitor the parking area(s) designated for use by customers of the facility. The applicant shall work with the Police Department and Community Development Department staff to determine which activities shall require additional security. 43. 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. Such application shall be made at least thirty (30) calendar days prior to the commencement of the indoor or outdoor event. As part of the Conditions of Approval, the Community Development Director may require, based upon the scope and size of the event, security guards, traffic control, valet parking and other measures to assure that the event does not disrupt the surrounding area. The only exception shall be for special events held by Moorpark based non-profit groups. 44. 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. Resolution No. 2016-3555 Page 15 45. Amplified music, whether live or pre-recorded, may only take place inside the building and only between the hours of 8:00 a.m. and 12:00 a.m. (midnight). Acoustic music may be played inside or in the outside patio areas, and may be played outdoors between the hours of 8:00 a.m. and 10:00 p.m. All activities on the property must comply with the City's noise regulations. Any live or pre- recorded music event for which admission is charged shall require a Temporary Use Permit. 46. Areas inside the facility open to customers must be illuminated sufficiently to allow the identification of persons. 47. The facility must correct any safety or security problem within three (3) days upon written notice of such a problem from the Moorpark Police Department. 48. 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. -End- Resolution No. 2016-3555 Page 16 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Resolution No. 2016-3555 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 16th day of November, 2016, and that the same was adopted by the following vote: AYES: Councilmembers Mikos, Millhouse, Pollock, Van Dam, and Mayor Parvin NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 7th day of December, 2016. %/ Maureen Benson, City Clerk (seal) x `o, s or Et walli � to o 1 ta