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HomeMy WebLinkAboutRES PC 2017 621 2017 1024 RESOLUTION NO. PC-2017-621 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT (CUP) NO. 2017-01, TO ALLOW THE OPERATION OF A RESTAURANT AND OUTDOOR DINING AREA WITH SERVICE OF BEER AND WINE AT 313 HIGH STREET, AND MAKING A DETERMINATION OF EXEMPTION UNDER CEQA IN CONNECTION THEREWITH, ON THE APPLICATION OF MARCO BALDIERI WHEREAS, on August 28,2017, Marco Baldieri submitted an application for a Conditional Use Permit (CUP) to allow the operation of an approximately 1,066 square- foot restaurant and approximately 834 square-foot outdoor dining area with service of beer and wine for on-site consumption at 313 High Street; and WHEREAS, at a duly noticed public hearing on October 24, 2017, the Planning Commission considered Conditional Use Permit (CUP) No. 2017-01; and WHEREAS, at its meeting of October 24, 2017, 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. 2017-01 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 CEQA Guidelines in that this permit involves the re-use of an existing building with appropriate access, parking and circulation for this proposal, 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 proposed Conditional Use Permit (CUP) No. 2017-01 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 CEQA Guidelines in that this permit involves the re-use of an existing building with appropriate access, parking and circulation for this proposal, and the use is consistent with the applicable general plan Resolution No. PC-2017-621 Page 2 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 restaurant with beer and wine is consistent with the provisions of the City's General Plan, Zoning Ordinance, and other applicable regulations as conditioned in that the land is planned and zoned for general commercial uses of the intensity proposed and sufficient parking is available. 2. The proposed use is compatible with both existing and permitted land uses in the surrounding area, in that the sale of beer and wine for on-site consumption complements the surrounding uses. 3. The proposed use is compatible with the scale, visual character, and design of surrounding properties, in that the use does not require modification to the exterior of the existing building. 4. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or uses in that conditions are required to ensure proper control 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. Additional Findings for Establishments Serving Alcoholic Beverages: 1. Although Census Tract 76.13 exceeds the ABC target number of establishments selling alcoholic beverages for on-site consumption, it is a census tract dominated by shopping centers and Moorpark's Downtown corridor, where such uses are expected. The 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 this restaurant. Resolution No. PC-2017-621 Page 3 2. The proposed use will provide a public convenience and necessity, 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 sales and 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. 2017-01 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 Di Cecco, Haverstock, and Chair Landis NOES: None ABSTAIN: None ABSENT: Commissioner Aquino and Vice Chair Hamous PASSED, AND ADOPTED this 24th day of October, 2017. Kipp andi , Chair- of/t4,61. /// David A. Bobardt, Community Development Director Exhibit A— Standard and Special Conditions of Approval Resolution No. PC-2017-621 Page 4 EXHIBIT A STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT (CUP) No. 2017-01 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. Conditions of this entitlement may not be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. 4. The applicant shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning the permit, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37. The City will promptly notify the applicant of any such claim, action or proceeding, and if the City should fail to do so or should fail to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. a. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding, if both of the following occur: 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-2017-621 Page 5 b. The applicant shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the applicant. The applicant's obligations under this condition shall apply regardless of whether a building permit is ultimately obtained, or final occupancy is ultimately granted with respect to the permit. 5. If any of the conditions or limitations of this approval are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 6. The development must be in substantial conformance with the plans presented in conjunction with the application for Conditional Use Permit No. 2017-01, 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. 7. The City of Moorpark reserves the right to modify, suspend or revoke for cause this conditional use permit consistent with Chapter 17.44 of the Moorpark Municipal Code or as may be amended in the future. 8. Conditional Use Permit No. 2017-01 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. 9. 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. 10. Prior to issuance of a Zoning Clearance for a building permit, the applicant shall submit a lighting plan for review and approval by the Community Development Director and Police Chief that demonstrates compliance with the City's Lighting Ordinance. 11. 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. 12. 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 Resolution No. PC-2017-621 Page 6 Director and City solid waste manager. The trash enclosure improvements must be completed prior to occupancy. 13. Operation of the restaurant is permitted only between the hours of 10:00 a.m. and 12:00 a.m. (midnight) each day of the week. 14. Approval of a Zoning Clearance is required prior to the issuance of building permits. All other permit and fee requirements must be met. 15. Alcoholic beverages shall be stored out of reach from customers. Such storage shall be to the satisfaction of the Community Development Director. 16. Outside entertainment is not approved as part of this Conditional Use Permit and requires approval of a separate permit. 17. Music, whether live or pre-recorded, may only take place inside the building and not exceed a volume that can be heard from beyond the property. Live music must be acoustic and may not be amplified. All activities on the property must comply with the City's noise regulations. 18. 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. 19. 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. 20. Outdoor furniture must be high quality, durable, and compatible with the design of the building. 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. 21. 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. 22. Outdoor fencing must meet standards of the California Department of Alcoholic Beverage Control (ABC). 23. Applicant shall provide the Community Development Department with a copy of the ABC approval prior to sale of any alcoholic beverages. Resolution No. PC-2017-621 Page 7 24. 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. 25. No person under the age of eighteen (18) shall serve or package alcoholic beverages. 26. 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. 27. "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. 28. Areas inside the establishment open to customers must be illuminated sufficiently to allow the identification of persons to the satisfaction of the Police Chief. 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 issuance of a Building Permit or Demolition Permit, applicant must submit a Construction Waste Management Plan to the Solid Waste Division for review and approval pursuant to Chapter 8-36 of the Moorpark Municipal Code. Prior to issuance of a Certificate of Occupancy by Building and Safety, applicant must submit all documentation required by the Construction Waste Management Plan and Moorpark Municipal Code to the Solid Waste Division to verify compliance. 32. The applicant and his/her successors, heirs, and assigns must maintain solid waste service as required by Chapter 8-36 of the Moorpark Municipal Code using a franchised waste hauler approved by the City of Moorpark, unless otherwise approved in writing by the Solid Waste Division as authorized by Chapter 8-36 of the Moorpark Municipal Code. 33. 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-2017-621 Page 8 a. Received training from the State of California Department of Alcoholic Beverage Control (ABC) "Leadership and Education in Alcohol and Drugs" LEAD program or other Responsible Beverage Service (RBS) program, in the form of an ABC issued certificate. b. The Owner/Manager shall confirm with the California Department of Alcoholic Beverage Control within fifteen (15) days of hire any new employee has been scheduled with the local ABC office to attend a LEAD or RBS program course. -END-