HomeMy WebLinkAboutRES PC 2016 613 2016 1025 RESOLUTION NO. PC-2016-613
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE
CITY COUNCIL APPROVAL OF 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 1.02
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 1.02
acres at 44 High Street; and
WHEREAS, at a duly noticed public hearing on October 25, 2016 for CPD Permit
No. 2016-01 and CUP No. 2016-04, 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 the
project CPD Permit No. 2016-01 and CUP No. 2016-04 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. In addition, there is no
substantial evidence that the project will have a significant effect on the environment.
No further environmental documentation is needed.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DOCUMENTATION: The Planning
Commission, 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)
Resolution No. PC-2016-613
Page 2
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. In
addition, there is no substantial evidence that the project will have a significant effect on
the environment. No further environmental documentation is needed.
SECTION 2. PLANNED DEVELOPMENT 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 17.44.030:
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 Planning Commission 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.
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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 BREWERIES AND MICROBREWERIES:
F. 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. 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 ESTABLISHMENTS 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.
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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.
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. PLANNING COMMISSION RECOMMENDATION: The Planning
Commission recommends to the City Council approval of 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.
Resolution No. PC-2016-613
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SECTION 5. 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, Hamous, Vice Chair Landis, and
Chair Di Cecco
NOES: None
ABSTAIN: None
ABSENT: None
PASSED, AND ADOPTED this 25th day of October, 2016.
-j/Mark Di Ce o, Chair
6
David A. Bobardt, Community Development Director
Exhibit A— Special and Standard Conditions of Approval
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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:
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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.
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.B of the Zoning Code are found to apply,
including if the use for which the permit was granted has not been exercised for
at least twelve (12) consecutive months, has ceased to exist, or has been
abandoned. The discontinuance for a period of one hundred eighty (180) or more
days of a nonconforming use or a change of nonconforming use to a conforming
use constitutes abandonment and termination of the nonconforming status of the
use.
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.
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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.
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.
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 Administrative Services Manager.
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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.
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.
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
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 all fees, including, but not limited to Los Angeles Avenue Area of
Contribution Fee, Air Quality Fee, Tree and Landscape Fee, Fire Protection
Facilities Fee, Police Facilities Fee, and Library Facilities Fee. All entitlement
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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 shall prepare a covenant acceptable to the City Attorney and
Community Development Director that the improvements on the site shall not be
used for bail bonds, thrift/second hand stores, check cashing, gold purchasing,
body piercing/tattoos, or adult businesses as defined in Title 17 of the City of
Moorpark Municipal Code.
25. The Developer agrees to support the formation of a Business Improvement
District for assessments, for the maintenance of parkway and median
landscaping, and street lighting, including but not limited to all water and
electricity costs, and any other services, maintenance or improvements
authorized by State law for such districts.
26. 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.
27. 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.
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28. 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.
29. 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.
30. 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.
31. 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.
32. On site sales, service or consumption of alcoholic beverages allowed by this
Conditional Use Permit are permitted only between the hours of 8:00 a.m. and
12:00 a.m. (midnight).
33. 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.
34. 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.
35. Prior to final occupancy, an alarm system shall be installed to the satisfaction of
the Police Chief and Community Development Director.
36. No person under the age of eighteen (18) may serve alcoholic beverages to
customers.
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37. 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.
38. 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 (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.
39. Applicant shall provide the Community Development Department with a copy of
ABC approvals prior to sale of any alcoholic beverages.
40. No employee shall sell any alcoholic beverages to any person under twenty-one
(21) years of age.
41. 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.
42. 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.
43. Games or contests requiring or involving the consumption of alcoholic beverages
shall not be permitted at any time.
44. 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.
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45. 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.
46. 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.
47. 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.
48. Areas inside the facility open to customers must be illuminated sufficiently to
allow the identification of persons.
49. 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.
50. 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.
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