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HomeMy WebLinkAboutAG RPTS 2018 0227 PC REG OPpK F°�/�i -zooswarm V'' Resolution No. 2018-626 9q0PLANNING COMMISSION Q�TFO ivy{ REGULAR MEETING AGENDA FEBRUARY 27, 2018 7:00 P.M. Moorpark Community Center 799 Moorpark Avenue 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: 5. PUBLIC COMMENT: 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON MEETINGS/CONFERENCES ATTENDED BY THE COMMISSION: A. Joint Meeting of the City Council and Planning Commission on April 11, 2018, at 7:30 p.m. to discuss goals and objectives. 8. PUBLIC HEARINGS: (next Resolution No. PC-2018-626) A. Consider Resolution Approving Conditional Use Permit No. 2018-01 to Allow the Sale of Beer, Wine and Distilled Spirits for Off-Site Consumption at a New Grocery Outlet Supermarket at 425 Los Angeles Avenue, Making a Determination of Exemption Under CEQA In Connection Therewith, on the Application of Steve Rawlings (Rawlings Consulting). Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC-2018- , approving Conditional Use Permit No. 2018-01, subject to conditions. (Staff: Jose E. Coyotl) All writings and documents provided to the majority of the Commission regarding all agenda items are available for public inspection at the City Hall public counter located at 799 Moorpark Avenue during regular business hours. The agenda packet for all regular Commission meetings is also available on the City's website at www.moorparkca.gov. Any member of the public may address the Commission during the Public Comments portion of the Agenda, unless it is a Public Hearing or a Discussion item. Speakers who wish to address the Commission concerning a Public Hearing or Discussion item must do so during the Public Hearing or Discussion portion of the Agenda for that item. Speaker cards must be received by the Secretary for Public Comment prior to the beginning of the Public Comments portion of the meeting; for a Discussion item, prior to the Chair's call for speaker cards for each Discussion agenda item; and for a Public Hearing item, prior to the opening of each Public Hearing, or beginning of public testimony for a continued hearing. A limitation of three minutes shall be imposed upon each Public Comment and Discussion item speaker. A limitation of three to five minutes shall be imposed upon each Public Hearing item speaker. Written Statement Cards may be submitted in lieu of speaking orally for open Public Hearings and Discussion items.Any questions concerning any agenda item may be directed to the Community Development/Planning office at 517-6233. Regular Planning Commission Meeting Agenda February 27, 2018 Page 2 9. DISCUSSION ITEMS: 10. CONSENT CALENDAR: A. Consider Approval of the Regular Meeting Minutes of January 23, 2018. Staff Recommendation: Approve the minutes. 11. ADJOURNMENT: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, including auxiliary aids or services, please contact the Community Development Department at (805) 517-6233. Upon request, the agenda can be made available in appropriate alternative formats to persons with a disability. Any request for disability-related modification or accommodation should be made at least 48 hours prior to the scheduled meeting to assist the City staff in assuring reasonable arrangements can be made to provide accessibility to the meeting (28 CFR 35.102-35.104; ADA Title II). STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss CITY OF MOORPARK ) AFFIDAVIT OF POSTING AGENDA I, Joyce R. Figueroa, declare as follows: That I am the Administrative Assistant II of the City of Moorpark and that an agenda of the Regular Meeting of the Moorpark Planning Commission to be held on Tuesday, February 27, 2018, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on February 23, 2018, at a conspicuous place at the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California. I declare under penalty of perjury that the foregoing is true and correct. Executed on February 23, 2018. '1\ Off`. 1 , e�i �.L��� Joyce ". Figueroa, Administrative Assistant II ITEM: 8.A. MOORPARK,CALIFORNIA Planning Commission of 2.- 27-2018 ACTION: ; I, a S.l f - ' -1 BY: 11'l, i 1 MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission ' FROM: David A. Bobardt, Community Development Director Prepared by Jose E. Coyotl, Planning Technician 1,,r' DATE: February 7, 2018 (PC Meeting of 02/27/2018) SUBJECT: Consider Resolution Approving Conditional Use Permit No. 2018-01 to Allow the Sale of Beer, Wine, and Distilled Spirits for Off-Site Consumption from a New Grocery Outlet Supermarket at 425 Los Angeles Avenue, and Making a Determination of Exemption Under CEQA in Connection Therewith, on the Application of Steve Rawlings (Rawlings Consulting) BACKGROUND On January 2, 2018, Steve Rawlings, for Rawlings Consulting, submitted an application for a Conditional Use Permit (CUP) to allow the sale of beer, wine, and distilled spirits for off-site consumption from a new Grocery Outlet supermarket at 425 Los Angeles Avenue within the Mission Bell Plaza shopping center. No other businesses within the Mission Bell Plaza shopping center currently sell alcoholic beverages for off-site consumption. DISCUSSION Project Setting Existing Site Conditions: The 23,000 square-foot tenant space designated for Grocery Outlet is currently vacant, and was most recently occupied by a Big Lots store. Plans for landlord and tenant improvements have received Zoning Clearances and are currently in building permit plan check. \\DC1\Department Share\Community Development\DEV PMTS\C U P12018\2018-01 Grocery Outlet 425 W Los Angeles\Agenda Reports\PC Agenda Report.docx 1 Honorable Planning Commission February 27, 2018 Page 2 Previous Applications: On October 2, 1991, the City Council approved Major Modification No.1 to Commercial Planned Development Permit No. 89-01 and 89-02 for the construction and operation of a 265,940 square-foot commercial shopping center. GENERAL PLAN/ZONING Direction General Plan Zoning Land Use Commercial Planned Site General Commercial Development Shopping Center Residential Planned Single Family Very High Density NorthDevelopment (15U) Dwellings, Public Residential and School and Rural Exclusive Park and School Commercial Planned South General Commercial Development Shopping Center Commercial Planned East General Commercial Development Shopping Center Single-Family Medium Density Single Family West Residential (8,000 SF Residential . Dwellings n MLot Size) General Plan and Zoning Consistency: The General Commercial land use designation in the General Plan is intended to provide for a wide range of retail and service activities. The Zoning Ordinance requires Planning Commission approval of a Conditional Use Permit for the sale of beer, wine, and distilled spirits for off-site consumption. The Planning Commission is the final decision maker for this permit, unless the decision is appealed to the City Council. ANALYSIS Issues Staff has identified the control and concentration of alcoholic beverage sales as issues for Planning Commission consideration. Control of Alcoholic Beverage Sales The control of the sale of alcoholic beverages is the primary issue associated with this CUP application. Conditions are recommended by staff to address security concerns associated with the sales of alcoholic beverages for off-site consumption. These conditions are consistent with those applied to other food markets in Moorpark with the sale of alcoholic beverages for off-site consumption. 2 Honorable Planning Commission February 27, 2018 Page 3 The applicant has indicated that the standard hours of operation will be from 7:00 a.m. to 11:00 p.m. Since these hours of operation may change due to market conditions, staff added Condition No. 10, as follows: "Sales of alcoholic beverages are permitted only between the hours of 7:00 a.m. to 12:00 a.m. (midnight) each day of the week". This is consistent with the hours in which sales of alcoholic beverages are allowed from the Smart and Final and Target store at the Moorpark Marketplace. The Moorpark Police Chief has provided recommended conditions, as follows: • Prior to issuance of a zoning clearance, the applicant shall submit a security plan for the review and approval by the Community Development Director and Police Chief that demonstrate the locations of closed-circuit television cameras. Security cameras shall provide 24-hours of monitoring and recording of employee/customer transactions, store entrances/exits, and liquor floor area. In addition, clear signage shall be posted to notify customers of video surveillance recording. • Front store windows shall remain visually unobstructed. • Top of the line distilled spirits shall be stored in locked cabinets. Staff has incorporated the recommended conditions above as conditions of approval in the draft resolution. Concentration of Alcoholic Beverage Sales The applicant is concurrently processing a Type-21 application with the California Department of Alcoholic Beverage Control (ABC) for the sale of beer, wine, and distilled spirits for off-site consumption. The ABC measures the number of businesses selling alcoholic beverages by census tract, and compares this number to other census tracts in the area. Based on these numbers, the ABC has determined that there is an over- concentration of alcohol permits in Census Tract 76.11, where the project is located. This census tract is a large census tract that includes the Mission Bell Plaza, Moorpark Town Center, Los Angeles/Spring shopping centers, and grocery stores along Moorpark Avenue. It currently has a healthy mix of commercial land uses, which include a variety of grocery stores, retail commercial, restaurants, and other services. Currently, the Shell gasoline station in the Mission Bell Plaza shopping center is allowed to sell beer and wine for off-site consumption out of their convenience store. If this CUP is approved, Grocery Outlet would be the only store in the Mission Bell Plaza shopping center allowed to sell a full range of alcoholic beverages for off-site consumption. The floor plan shows less than five percent of the customer floor area to be used for display of alcoholic beverages. The sales of alcoholic beverages would be incidental to the 3 Honorable Planning C,ornmisslon February 27, 2018 Page 4 grocery sales and would generally be provided as a convenience to customers shopping for groceries. The sale of alcoholic beverages from this location would not, in the opinion of the Community Development Director, result in a detrimental over- concentration of such permits. In order for ABC to issue an alcohol license, the applicant must obtain a Conditional Use Permit from the city, and subsequently the Community Development Department must issue a letter of "Public Convenience and Necessity." Given that the primary use is a grocery store contributing to the economic development of the city, this finding can be made for this license and it is included in the draft resolution. Findings 1. The proposed use is consistent with the intent and provisions of the city's General Plan, Zoning Ordinance, and other applicable regulations in that the sale of beer, wine, and alcoholic beverages for off-site consumption is an ancillary use to the approved food market, a use consistent with the General Plan and Zoning. 2. The proposed use is compatible with both existing and permitted land uses in the area in that this is an approved food market where beer, wine and distilled spirits typically are sold. 3. The proposed use is compatible with the scale, visual character, and design of surrounding development in that the use does not require any significant modifications to the approved 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 sale of beer, wine, and distilled spirits. 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 beer, wine and distilled spirits for off-site consumption. Additional Findings for Establishments Selling Alcoholic Beverages: 1. Although Census Tract 76.11 exceeds the ABC target number of businesses selling alcoholic beverages for off-site consumption, it is a census tract dominated by shopping centers where such uses are expected. The proposed use under this Conditional Use Permit will not result in a detrimental overconcentration of selling alcoholic beverages for off-site consumption in the area, as these sales will be ancillary to the grocery store. 4 Honorable Planning Commission February 27, 2018 Page 5 2. The proposed use will provide a public convenience and necessity, in that selling alcoholic beverage for off-site consumption is an ancillary use to the primary use of the building as a grocery store. 3. The use will not create the need for increased police services, in that conditions are required to ensure proper control of the sales of alcoholic beverages for off- 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. PROCESSING TIME LIMITS Time limits have been established for the processing of development projects under the Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the Subdivision Map Act (Government Code Title 7, Division 2), and the California Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13, and California Code of Regulations, Title 14, Chapter 3). Under the applicable provisions of these regulations, the following timelines have been established for action on this project: Date Application Determined Complete: January 10, 2018 Planning Commission Action Deadline: May 10, 2018 ENVIRONMENTAL DETERMINATION In accordance with the City's environmental review procedures adopted by resolution, the Community Development Director determines the level of review necessary for a project to comply with the California Environmental Quality Act (CEQA). Some projects may be exempt from review based upon a specific category listed in CEQA. Other projects may be exempt under a general rule that environmental review is not necessary where it can be determined that there would be no possibility of significant effect upon the environment. A project which does not qualify for an exemption requires the preparation of an Initial Study to assess the level of potential environmental impacts. 5 Honorable Planning Commission February 27, 2018 Page 6 Based upon the results of an Initial Study, the Director may determine that a project will not have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient environmental documentation. If the Director determines that a project has the potential for significant adverse impacts and adequate mitigation cannot be readily identified, an Environmental Impact Report (EIR) is prepared. The Director has reviewed this project and found it to be Categorically Exempt in accordance with Section 15301, (Class 1: Existing Facilities) of the California Code of Regulations (CEQA Guidelines). No further environmental documentation is required. NOTICING Public Notice for this meeting was given consistent with Chapter 17.44.070 of the Zoning Ordinance as follows: 1. Publication. The notice of the public hearing was published in the Ventura County Star on February 18, 2018. 2. Mailing. The notice of the public hearing was mailed on February 15, 2018, to owners of real property, as identified on the latest adjusted Ventura County Tax Assessor Roles, within one-thousand (1,000) feet of the exterior boundaries of the assessor's parcel(s) subject to the hearing. 3. Signs. Two 32 square foot sign were placed on the street frontages by February 16, 2018. STAFF RECOMMENDATION 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC-2018- , approving Conditional Use Permit No. 2018-01, subject to conditions. ATTACHMENTS: 1. Location Map 2. Aerial Photograph 3. Site Plan 4. Floor Plan 5. 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PC-2018- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2018-01 TO ALLOW THE SALE OF BEER, WINE, AND DISTILLED SPIRITS FOR OFF-SITE CONSUMPTION FROM A NEW GROCERY OUTLET SUPERMARKET AT 425 LOS ANGELES AVENUE, AND MAKING A DETERMINATION OF EXEMPTION UNDER CEQA IN CONNECTION THEREWITH, ON THE APPLICATION OF STEVE RAWLINGS (RAWLINGS CONSULTING) WHEREAS, on January 2, 2018, an application for Conditional Use Permit (CUP) No. 2018-01 was filed by Steve Rawlings (Rawlings Consulting) on behalf of Grocery Outlet to allow the sale of beer, wine, and distilled spirits for off-site consumption at a new Grocery Outlet supermarket at 425 Los Angeles Avenue; and WHEREAS, at a duly noticed public hearing on February 27, 2018, the Planning Commission considered Conditional Use Permit (CUP) No. 2018-01; and WHEREAS, at its meeting of February, 27, 2018 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 PC ATTACHMENT 5 11 Resolution No. RG-2018- 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 use is consistent with the intent and provisions of the city's General Plan, Zoning Ordinance, and other applicable regulations in that the sale of beer, wine, and alcoholic beverages for off-site consumption is an ancillary use to the approved food market, a use consistent with the General Plan and Zoning. 2. The proposed use is compatible with both existing and permitted land uses in the area in that this is an approved food market where alcoholic beverages are sold. 3. The proposed use is compatible with the scale, visual character, and design of surrounding development in that the use does not require any significant modifications to the approved 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 alcoholic beverages. 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 alcoholic beverages for off-site consumption. Additional Findings for Establishments Servings Alcoholic Beverages: 1. Although Census Tract 76.11 exceeds the ABC target number of businesses selling alcoholic beverages for off-site consumption, it is a census tract dominated by shopping centers where such uses are expected. The proposed use under this Conditional Use Permit will not result in a detrimental overconcentration of selling alcoholic beverages for off-site consumption in the area, as these sales will be ancillary to the grocery store. 2. The proposed use will provide a public convenience and necessity, in that selling alcoholic beverage for off-site consumption is an ancillary use to the primary use of the building as a grocery store. 12 Resolution No. PC-2018- Page C-2018-Page 3 3. The use will not create the need for increased police services, in that conditions are required to ensure proper control of the sales of alcoholic beverages for off- 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. 2018-01 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: NOES: ABSTAIN: ABSENT: PASSED, AND ADOPTED this 27th day of February, 2018. Bruce A. Hamous, Chair David A. Bobardt, Community Development Director Exhibit A— Standard and Special Conditions of Approval 13 Resolution No. PC-2018- Page 4 EXHIBIT A STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT (CUP) No. 2018-01 Standard Condition 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. 14 Resolution No. PC-2018- 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. 2018-01, 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. 2018-01 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. 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. 10. Approval of a Zoning Clearance is required prior to the issuance of building and occupancy permits. All other permit and fee requirements shall be met and property maintenance violations at the shopping center shall be abated prior to occupancy to the satisfaction of the Community Development Director 11. Prior to issuance of a Zoning Clearance for occupancy, the applicant shall submit a shopping cart abandonment prevention plan asrequired by Chapter 8.50 of the Moorpark Municipal Code. Shopping cart storage shall match the architectural design of the shopping center and shall be to the satisfaction of the Community Development Director. 15 Resolution No. PC-2018- Page 6 12. Prior to issuance of a Zoning Clearance for occupancy, the applicant shall submit a security plan for the review and approval by the Community Development Director and Police Chief that demonstrate the locations of closed-circuit television cameras. Security cameras shall provide 24-hours of monitoring and recording of employee/customer transactions, store entrances/exits, and liquor floor area. In addition, clear signage shall be posted to notify customers of video surveillance recording, and front windows shall be unobstructed to allow for view from the outside. Areas inside the establishment open to customers must be illuminated sufficiently to allow the identification of persons. 13. Sales of alcoholic beverages are permitted only between the hours of 7:00 a.m. to 12:00 a.m. (midnight) each day of the week. 14. Alcoholic beverages shall be stored in a manner to reduce the potential for theft to the satisfaction of the Police Chief and Community Development Director. 15. 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. 16. 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. 17. Applicant shall provide the Community Development Department with a copy of the ABC approval prior to sale of any alcoholic beverages. 18. 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. 19. 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. 20. 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. 21. No person under the age of eighteen (18) shall sell packaged alcoholic beverages. 16 Resolution No. PG-2018- Page 7 22. The applicant or his/her designee shall be responsible to police the exterior of the business to assure that no alcoholic beverages are consumed within the parking lot. The applicant shall not permit any loitering in the parking lot or in areas adjacent to the facility. 23. The business shall maintain records showing that all employees directly involved in, or supervising the sale of alcoholic beverages have received training from the State of California Department of Alcoholic Beverage Control "Leadership and Education in Alcohol and Drugs" LEAD program, or other ABC-approved Responsible Beverage Service (RBS) training provider program, in the form of an ABC-issued certificate, to the satisfaction of the Police Chief. Within fifteen (15) days of hire of any new employee, the business shall confirm with the ABC that the employee has been scheduled to attend RBS training. -End- 17 ITEM 10.A. MOORPARK,CALIFORNIA Planning Commission of 2-27-2N Ez ACTION: Appi'CVeCE BY: T 'Fiquer ca... MINUTES OF THE PLANNING COMMISSION Moorpark, California January 23, 2018 A Regular Meeting of the Planning Commission of the City of Moorpark was held on January 23, 2018, in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Chair Landis called the meeting to order at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE: Community Development Director, David Bobardt, led the Pledge of Allegiance. 3. ROLL CALL: Present: Commissioner Di Cecco, Commissioner Haverstock, Commissioner Landis, Vice Chair Aquino, and Chair Hamous. Staff Present: David Bobardt, Community Development Director; Freddy A. Carrillo, Associate Planner I; and Joyce Figueroa, Administrative Assistant II. 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: A. Consider Selection of Chair and Vice Chair Debra Aquino Mark Di Cecco Bruce Hamous Adam Haverstock Kipp Landis Staff Recommendation: 1) Open the floor to nominations for a Chair; 2) Once sufficient nominations have been made, close the nominations and vote; 3) Open the floor for nomination for a Vice Chair; and 4) Once sufficient nominations have been made, close the nominations, and vote. (Staff: David Bobardt) 18 Minutes of the Planning Commission Moorpark, California Page 2 January 23, 2018 MOTION: Chair Landis moved and Commissioner Di Cecco seconded a motion to nominate Vice Chair Hamous as Chair. The motion carried by unanimous voice vote. MOTION: Commissioner Haverstock moved and Commissioner Landis seconded a motion to nominate Commissioner Aquino as Vice Chair. The motion carried by unanimous voice vote. At this point in the meeting the Commission recessed to allow the Chair and Vice Chair to be seated. The time was 7:02 p.m. The Planning Commission meeting reconvened at 7:03 p.m. 5. PUBLIC COMMENT: None. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON MEETINGS/CONFERENCES ATTENDED BY THE COMMISSION: None. 8. PUBLIC HEARINGS: (next Resolution No. PC-2018-625) A. Consider a Resolution Recommending to the City Council Approval of Tentative Parcel Map No. 2017-02 for the Subdivision of a 9.61 Acre Developed Lot into Two Parcels of 9.11 Acres and 0.50 Acres at 800 Los Angeles Avenue (Target Store) and Making a Determination of Exemption Under CEQA in Connection Therewith, on the Application of Moorpark Covenant Group LLC. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC-2018-625 recommending to the City Council conditional approval of Tentative Parcel Map No. 2017-02. (Staff: Freddy Carrillo) Commissioner Di Cecco recused himself to avoid a potential conflict of interest, and left the dais at 7:04 p.m. Mr. Carrillo gave the staff report. Chair Hamous opened the public hearing. There were no speakers. 19 Minutes of the Planning Commission Moorpark, California Page 3 January 23, 2018 Chair Hamous closed the public hearing. A discussion followed among the Commissioners supporting the project. MOTION: Commissioner Haverstock moved and Commissioner Landis seconded a motion to approve staff recommendation, including adoption of Resolution No. PC-2018-625. The motion carried by voice vote 4-0, Commissioner Di Cecco absent. The City Council has final approval authority for this project. Commissioner Di Cecco returned to the dais at 7:10 p.m. 9. DISCUSSION ITEMS: A. Consider Regular Meeting Schedule, Time and Place. Staff Recommendation: 1) Approve the 2018 regular meeting schedule of the fourth Tuesday of each month starting at 7:00 p.m. at the Moorpark City Hall Community Center, 799 Moorpark Avenue, Moorpark, CA 93021. (Staff: David Bobardt) Approved staff recommendation by consensus. 10. CONSENT CALENDAR: A. Consider Approval of the Regular Meeting Minutes of October 24, 2017. Staff Recommendation: Approve the minutes. MOTION: Commissioner Haverstock moved and Vice Chair Aquino seconded a motion to approve staff recommendation. The motion carried by unanimous voice vote. B. Consider Approval of the Special Meeting Minutes of November 7, 2017. Staff Recommendation: Approve the minutes. The motion carried by unanimous voice vote. MOTION: Commissioner Haverstock moved and Vice Chair Aquino seconded a motion to approve staff recommendation. 11. ADJOURNMENT: MOTION: Commissioner Landis moved and Commissioner Di Cecco seconded a motion to adjourn the meeting. The motion carried by unanimous voice vote. The time was 7:12 p.m. 20