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VIEWS: 4 PAGES: 39

									                                                           C           OF VENTU



                                                               ORT
                                               --



                        Patsy Stadelman, Senior Planner
                        76 S. Oak Street (Attachment A)


                        Downtown Core (DC)




                        1993 Downtown Specific Plan



EXECUTIVE SUMMARY

The proposal to amend a Use Permit for Alcoholic Beverage Sales for an existing restaurant, My
Florist Winecafe and Bakery is consistent with the requirements of Zoning Ordinance Chapter
24.460 (Alcoholic Beverage Establishments-Use Permits). The amendment would allow sales of
distilled spirits in addition to the currently permitted beer and wine sales, in conjunction with the
restaurant use.

BACKGROUND

                                                             changes associated with
o January 16,2003 -The Design Review Committee approved fa~ade
   renovation of the existing commercial building on the project site (Case No. ARB-2855).

o June 19,2007 - The Planning Commission approved a Use Permit to allow on-site beer and
  wine sales in conjunction with a restaurant use (Case No. CUP-1214/Resolution No. 8307).

PROJECT CONTEXT

The subject property is located at the northeast corner of Oak Street and Santa Clara Street within
the Downtown Specific Plan Area. Surrounding uses include retail to the north and west, a public
parking lot to the east, and the Ventura Senior Recreation Center to the south. There are eight
other restaurants and one barJnightclub with Use Permits for on-site sales of alcoholic beverages
within a 300-foot radius of the project site.

PROJECT DESCRIPTION

The applicant requests a Use Permit Amendment to allow sales of distilled spirits in addition to
currently permitted beer and wine sales, in conjunction with a restaurant use, My Florist Winecafe
and Bakery. The applicant has concurrently applied for a comparable ABC license change from a
Type 41 (On-Sale Beer & Wine - Eating Place) license to a Type 47 (On-Sale General - Eating
Place) license.

STAFF ANALYSIS

Planning staff, in consultation with the Police Department, finds the operational conditions
established by the previously approved Use Permit are adequate to ensure the establishmentwill
continue to be compatible with the surroundings and managed in a manner that minimizes
potential police service calls. As such, staff recommends approval of the Use Permit Amendment
with no changes to the existing project conditions. (See Attachment B for draft approval
resolution.)

CALIFORNIA ENVIRONMENTAL QUALITY ACT

The proposed project is Categorically Exempt from the provisions of the California Environmental
Quality Act (CEQA), as provided by Class (I),  Section 15301 of the CEQA Guidelines because
the requested change to alcoholic beverage sales is a negligible expansion of the use of an
existing facility.


ATTACHMENTS
A. Planning Commission Resolution, Minutes, and Staff Report, June 19, 2007
B. Draft Approval Resolution




                                                                            Case No. CUP-I 231
                                                                               PCI02Id 9108lPS
                                                                                   Page 2 of 2
                          Attachment A
     Planning Commission Resolution,
Minutes and Staff Report, June 19,2007
THIS PAGE INTENTIONALLY LEFT BLANK
                    PLANNING COMMISSION RESOLtlllON NO. 8307

                             APPROVING A USE PERMIT

                                CASE NOS. CUP-3214

       BE IT RESOLVED by the Planning Commission of the City of San Buenaventura
as follows:

      SECTION 1: An application has been filed by David Lacy, pursuant to the City of
San Buenaventura Municipal Code, for a Use Permit for a Dining Establishment with
beer and wine service (ABC License Type 41) for property zoned Downtown Core (DC)
located at 76 South Oak Street and more particularly described as Assessor's Parcel
Number 073-0-035-220.

       SECTION 2: All proceedings having been duly taken as required by law, and
upon review of the information provided, consideration of the testimony given at the
public hearing, as well as other pertinent information, the Planning Commission finds as
follows:
1.     The proposed alcoholic beverage establishment as part of a Dining
       Establishment use type is a conditionally permitted in the Downtown Core (DC)
       zone.
2.     The proposed establishment will not result in an undue concentration of alcohol
       establishments within the area because I) request is for a restaurant with
                                                      the
       beer and wine service, which has been appropriately conditioned in order to
       minimize impacts upon the general public and adjacent uses and is located
       within the Downtown area intended for these types of uses and, 2) the proposed
       license (Type 41) is not a bar for drinking-only activities.
3.     The proposed alcohol establishment is not currently located within 300-foot
       radius proximity to any churches, schools and playgrounds. The Downtown area
       does contain apartments above storefronts and construction of approved
       projects will introduce more residential units in the Downtown area. However,
       this area is intended for these types of visitor serving and dining establishments.
       There are eight restaurants serving alcohol and one BarINightclub within a 300-
       foot radius of to the proposed alcohol establishment.               The proposed
       establishment has been adequately conditioned through its operational plan to
       minimize the impacts to the surrounding area. As discussed above, the project
       as conditioned will not detrimentally affect nearby neighborhoods.
4.     The proposed establishment will otherwise be compatible with existing and
       potential uses within the general area, because the proposed use of combining
       food set-vice in a bona fide eating-place with beer and wine service is compatible
       with the visitor serving and commercial uses in the Downtown Core.

                                                                    Case No. CUP4 214
                                                                       PClOfi/l91'07/PS
                                                                                Page 1
5.   The proposed establishment is situated within the Downtown Area, which
     according to the Police Department incident reports is considered a high crime
     area and does generate a disproportionate number of police service calls when
     compared to other areas of the city.     However, the request for an alcohol
     establishment as part of a bona fide restaurant as conditioned would not
     necessarily increase the number of crimes and service calls within the downtown
     area.
6.   The proposed project is Categorically Exempt from the provisions of the
     California Environmental Quality Act (CEQA), as provided by Class (I),     Section
     15301 of the CEQA Guidelines because the requested restaurant use with beer
     and wine service is a reuse of an existing facility with only a slight expansion of
     the facility's previous use.
        SECTION 3: Based on the above findings. Conditional Use Permit Case No.
CUP-1214 as described in Sections 1 and 2 above is HEREBY APPROVED, subject to
the following conditions:
Ptanninq
1.   This approval is granted for a Full Service Dining Establishment with beer and
     wine service (ABC License Type 41) alcohol beverage establishment on the site
     (APN 073-0-035-220) as described in the application and any attachments
     thereto, and as shown on the plot plans labeled Case No. CUP-1214 Exhibit "A"
     through "6"  and the Operations and Training Plan labeled Case No. CUP-1214
     Exhibit "C"incorporated herein.
2.    All buildings, fences, signs, roadways, parking areas, and other facilities or
      features associated with the alcohol beverage establishment shall be located
      and maintained substantially as shown on the plot plan labeled Case Nos. CUP-
      12 14, Exhibit "A" and "B", incorporated herein.
3.    Prior to obtaining the new ABC license andlor within 60 days hereof, the'
      applicant and property owner shall file with the Community Development
      Department written acknowledgment of the conditions stated herein on forms
      provided by the Planning Division.
4.    Unless the use is inaugurated not later than 12 months after this approval is
      granted and is diligently pursued thereafter, this approval will be subject to
      revocation pursuant to Chapter 24.570 of the City's Zoning Ordinance. However,
      if the approved project remains unchanged (except as allowed under Zoning
      Ordinance Chapter 24.570), the Community Development Director may grant
      one additional 12-month extension of time for the Use Permit, provided the initial
      12-month period has not already expired.
5.    All requirements of any law, ordinance, or regulation of the State, City of San
      Buenaventura, and any other governmental entity shall be complied with

                                                                  Case No. CUP-1214
                                                                     PC/06/19/07/PS
                                                                                Page 2
         including without limitation, the "Operation Standards and Training
         Requirements" set forth in Article 4 of Chapter 24.460 of the City's Zoning
         Ordinance as it may be amended from time to time.
6.       Approval is subject to the applicant paying all fees and assessments to the City
         of San Buenaventura as required by the Zoning Regulations.
7.       In the event the City determines that it is necessary to take legal action to
         enforce any of the provisions of these conditions, and such legal action is taken,
         the applicant shall be required to pay any and all costs of such legal action,
         including reasonable attorney's fees, incurred by the City, even if the matter is
         not prosecuted to a final judgment or is amicably resolved, unless the City should
         otherwise agree with applicant to waive said fees or any part thereof. The
         foregoing shall not apply if the permittee prevails in the enforcement proceeding.
8.       This Use Permit is granted for an unlimited period of time, but shall be void if the
         applicant fails to comply with the above conditions at any time. If at any time the
         Community Development Director, or its designee, or the Planning Commission
         determines that there has been, or may be, a violation of the. findings or
         conditions of this Use Permit, or of the Zoning Ordinance regulations, a public
         hearing may be held to review the Use Permit. At said hearing, the decision
         making body may add other conditions, or recommend enforcement actions, or
         revoke the Use Permit entirely, as necessary to ensure compliance with the
         Zoning Ordinance, and to provide for the health, safety and general welfare of
         the Community.
Police
9.       Sales, service and consumption of alcoholic beverages shall be permitted only
         between the hours of 7:00 AM and 1:00AM.
10.      The sale of alcoholic beverages for consumption off the premises is prohibited.
11.      Sales, service and consumption of alcoholic beverages in the patio area shall be
         limited to the patio enclosure and shall be monitored by an employee(s) at all
         times. Alcohol sales, service or consumption immediately outside the wrought
         iron gated entrance on Oak Street shall constitute a violation of this condition.
12.      Food service shall be available to patrons at all times alcoholic beverage sales
         are exercised.
13.      Alcoholic beverages shall not be offered at significantly reduced prices that are
         meant to encourage greater consumption of alcohol such as a "Happy Hour,"
         type promotions. Happy hour promotions of food items are encouraged and are
         not a violation of this condition.



                                                                      Case No. CUP-1214
                                                                         PC/O6/19/07/PS
                                                                                    Page 3
14.   The quarterly gross sales of alcoholic beverages shall not exceed the gross
      sales of food during the same period. The licensee shall at all times maintain
      records which reflect separately the gross sale of food and the gross sale of
      alcoholic beverages of the licensed business. These records shall be kept no
      less frequently than on a quarterly basis and shall be made available to the
      Police Chief or his designee, upon demand.
15.   The premises shall be equipped, maintained and possess, in operative condition,
      such conveniences for cooking and storage of foods such as stoves, ovens,
      broilers, refrigeration or other devices, as well as pots, pans or containers which
      can be used for cooking or heating on the type of heating device employed.
16.   There shall be no advertising of alcoholic beverages visible to the outside of the
      establishment, including advertising directed to the exterior from within,
      promoting or indicating the availability of alcoholic beverages.
17.   Any graffiti painted or marked upon the premises or on any adjacent area under
      the control of the licensee shall be removed or painted over within forty-eight (48)
      hours of being applied.
18.   The licensee shall be responsible for maintaining free of litter the area adjacent
      to the premises over which they have control.
19.   A prominent, permanent sign or signs stating, "No person under 21 will be
      served alcoholic beverages" and Valid ID is required to purchase alcoholic
      beverages."
      The Police Chief or his designee may immediately suspend operation of the
      uses approved by this permit pending a hearing on the revocation of this permit if
      the Chief finds that there have been significant violations of the use permit
      conditions andlor ABC license, or there is a single serious violent crime or single
      significant incident to which multiple police units or multiple jurisdictions respond
      associated with the operation of this use, which the Chief determines is
      detrimental to the public safety or health. The Chief shall immediately inform the
      Planning Manager of the suspension and the manager shall schedule a hearing
      on the revocation of the permit by the Planning Commission to be held no more
      than thirty (30) days after the suspension begins.
      A copy of these conditions must be maintained o n the premises and made
      availableupon the demand of any peace officer at all times.
      If complaints are received regarding excessive noise, parking availability, lighting,
      building access, and the like, associated with the establishment, the City may, at
      its discretion, take action to review the use permit, including, without limitation,
      adding conditions or revoking the permit.



                                                                     Case No. CUP4 214
                                                                        PC106/7 9/07/PS
                                                                                 Page 4
23.   In the areas surrounding the business, not otherwise licensed by the California
      Department of Alcoholic Beverage Control allowing the service of alcohol, the
      licensee shall post prominent signs stating, in effect, "No loitering," "No open
      containers" and "Consumption of alcoholic beverages are prohibited." Signs
      shall be posted in a place in front of the business that is clearly visible to patrons
      of the licensee and shall include any parking lot and other adjacent areas under
      the licensee's control.
24.   Employees shall not be allowed to consume alcoholic beverages during their
      shift.
25.   The licensee shall have readily identifiable personnel to monitor and control the
      behavior of customers inside the building premises. Staff shall monitor activity
      outside in the parking lot, patio area and any adjacent property under the
      establishment's control to ensure the areas are generally free of people during
      business hours and are cleared of patrons one-half hour after closing.
26.   The licensee shall regularly police the area under the licensee's control in an
      effort to prevent the loitering of persons about the premises.

      SECTION 4: This Permit shall be subject to revocation if the applicants fail to
comply with the conditions listed herein at any time. If, at any time, the Community
Development Manager or Planning Commission determines that there has been, or
may be a violation of the findings or conditions of this action, or of the Zoning
Regulations, a public hearing may be held before the Planning Commission to review
this Permit pursuant to Zoning Regulations Chapter 24.570. At said hearing, the
Planning Commission may add conditions, or recommend enforcement actions, or
revoke the Permit entirely, as necessary to ensure compliance with the Zoning
Regulations, and to provide for the health, safety, and general welfare of the
community.

                                 d&
      PASSED AND ADOPTED this 19'~ of June 2007.
                                            ,I




                                         Kevin Colin, Secretary




                                                                     Case No. CUP-I214
                                                                        PCIQGII 91071PS
                                                                                 Page 5
THIS PAGE INTENTIONALLY LEFT BLANK
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                       If

Eju
  PROPOSED *mc PLAN
  K A L E , Itb'-PC'
My Florist Winecafe & Bakery

Training Requirements, Ordnance Sec. 24.460.440


My Florist Winecafe & Bakery will, in accordance, operate a new alcoholic beverage
establishment successfully and be certified and responsible in selling and serving, while
maintaining a family-oriented environment.

This establishment, the Manager and the employees will receive appropriate training
required of all who are food handlers Additionally, all managers and employees involved
in the sales or serving of alcohol will receive appropriate training in the handling of same.

The owner will work in compliance with the State's Alcohol Beverage Control Act.


Training Plan Requirements, Ordnance Sec. 24.460.4 10

Article 4. Operations Standards


In compliance with the State's Alcohol and Beverage Control Act. all staff will receive
training as identified by the license issued.

                                                                              nuisance
Reasonable steps and skills for requesting those engaging in such inappropria~e
will include contact with the appropriate authorities in a timely manner.

In compliance with the State's Alcohol and Beverage Control Act, all staff will receive
the proper skills to quickly clean or cover any litter or graffiti and work directly with the
authorities to ensure the timely removal. Litter will be removed immediately from areas
surrounding the building and no loitering will be permitted in the parking lot.

In compliance, all staff will be trained to ensure that all Alcohol beverages be consumed
on the premises of the business only.

Management will ensure all required signs required by the ABC are posted.

In compliance, management will be responsible for all ordering of product to comply
with the si~eiquantitpneeded for the restaurant's safe atrnospltere.




                         Case No. CUP-1 214 Exhibit C
Operations Standards and Policies Compliant with the ABC and the City of
Ventura

It is everyone's job to ensure that patrons who are buying or drinking
alcohol are at least 2 1 years of age. Therefore any staff member serving
alcohol must request a proof of age ID from any patron who appears to be
under the age of 30 and who is attempting to purchase or consume alcohol.
My Florist Winecafe and Bakery will post prominent and permanent signage
advising patrons of this policy. The staff will be trained on recognizing the
appropriate forms of ID. Our staff will know who is getting each drink that
is served, ensuring that a drink is not being ordered for another person
whose age and/or level of consumption has not been verified.

My Florist Winecafe and Bakery will not offer significantly reduced prices
for alcohol that are meant to encourage greater consumption of alcohol, such
as 'happy hour' type promotions

My Florist management will and supervisors will support its servers
decisions to stop service to any patron who looks or acts intoxicated. We
discourage intoxication and will not serve those who look or act intoxicated,
even if they are taking a taxi or have a designated driver.

We will provide and promote non-alcoholic beverages. We also promote the
designated driver program, and we strongly encourage the taking of taxis
after consumption of alcohol if transportation is needed. My Florist has a
long standing policy of offering to pay for a taxi if fear exists that the patron
may be a public danger operating a vehicle. If the patron refuses attempts to
provide a safe ride, staff should immediately notify management and law
enforcement for assistance.

All staff will be trained continually on responsible beverage service by
management and receive extra, third-party training if needed.

During all hours of operation of My Florist, food will be available. At no
timc will alcohol ever be mailable without food being offered as well.
Alcohol sales and consumption will occur only between the hours of yam
and 1 am. No alcoholic beverages will be sold for consumption off the
premises. Alcohol sold on the premises must be consumed on the premises,
such premises being limited by the gates at the front of the patio for patio
service. There will be no alcoholic beverage consumption beyond the front
gates of the building on Oak Street.

My Florist Winecafe and Bakery will maintain a close working relationship
with law enforcement professionals with the City of Ventura and the ABC as
required. We will comply with the occupancy regulations, ensuring that
overcrowding does not exists. We will ensure that My Florist does not
create a noise nuisance to its neighbors. The staff will intervene with the
patrons as necessary to ensure that these policies are enfiorced.

My Florist Winecafe and Bakery has a company-wide zero tolerance for the
use or sales or possession of illegal drugs. Staff will notify management
immediately and law enforcement as required,

My Florist will not sell more food than alcohol, measured by gross sales on a
quarterly basis. Accurate records will be maintained to reflect this, such
records always being available for inspection by the proper authorities.

At all times My Florist will maintain all equipment needed for food service.

There shall be no advertising of alcoholic beverages visible to the outside of
the establishment, including advertising directed to the exterior from the
interior, promoting alcohol availability or its consumption.

Employees may not consume alcoholic beverages during their shift.

At all times the shift manager on duty shall be responsible for observing the
staff and patrons and for ensuring that these policies are enforced and that
management is kept informed of any discrepancies or difficulties in a timely
fashion The shift manager will also have a written copy uf these Policies
posted for all employees to read at all times during their shift.
STATE OF GALIFORN1A
COUNTY 06:VENTUM                      )ss
CITY OF SAN BUENAVEMTURA              )




       I, Kevin Colin, Secretary of the Planning Commission of the City of San
Buenaventura, California do hereby certify that the above and foregoing Resolution
No.8307 was duly passed and adopted by the Planning Commission of said City at a
regular meeting thereof, held on the Wthof June 2007 by the following vote, to with:

      AYES:        Commissioners Boydstun, Allen, and Long, and Vice Chair Johnson


      NOES:        None

      ABSTAIN:     None

      ABSENT:      Commissioners Fraser and Ramirez, Chair Hecht

      IN WITNESS WHEREOF, I have hereunto set my hand this 2othday of June 2007.




                                            ~ e v i z o l i n ,Secretary.
                                            City of San Buenaventura, California
Planning Commission Meeting
June .f9, 2007
Page 3


Vice Ch            nson declared the motion carried.
                   'a
                   v

PUBLlC WEARING ITEMS

3.     Request for Use Permit far a Full Service Dining Establishment with beer and
       wine service (ABC License Type 44) for a property located at 76 South Oak
       Street; David Lacy, applicant; Zoned DC.

       Canditionaf Use Permit                                       Case No. CUP-I214

       RECOMMENDED ACTION
       Approve, subject to conditions.

       Case Planner - Patsy Stadelman, Associate Planner

SPEAKERS:

Staff: Patsy Stadelman, Associate Planner
                                                                                            *
Members of the Public: David Lacy, Applicant
Vice Chair Johnson closed the public hearing.

Commissioner Boydstun made a motion to approve the recommendatian and adopt the
Planning Commission Resolution No. 8307 entitled:

                                    APPROVING A USE PERMIT

                                       CASE NO. CUPw1234

Commissioner Long seconded. The vote was as follows:
       AYES:                Commissioners Boydstun, Allen, and Long, & Vice Chair Johnson
               .        .
       NOES:                None
       ABSTAIN:             None

       ABSENT:              Commissioners Fraser and Ramirez, Chair-Mecht

Vice Chair Johnson d e c k e d the motion carried.
                        \
4.     Request f o r ' r q t i v e Tract Map to create a subd*Jon resulting in thirteen
       (13)residential comclpiniums and sixty-nine (69) affu~dgible   apartments and
                                                                       %".a
THIS PAGE INTENTIONALLY LEFT BLANK
                                                                       Agenda Item # 3

                     PLANNING COMMISSION STAFF REPORT

                           ACTION DATE: June 'l9,2007

APPLICANT:                                    CASE TYPEINQ.:
David Lacy                                    Use PermitICUP-1214
My Florist Winecafe & Bakery
3732 Ocean Drive
Oxnard, CA 93035

From: Kevin Colin, Acting Principal Planner
Case Planner: Patsy Stadelman, Associate Planner


 .   PROJECT LOCATION

     76 South Oak Street (Attachment A)

2.   REQUESTIPROJECT DESCRlPTlON

     Use Permit for a Full Service Dining Establishment with beer and wine service
     (ABC License Type 41) for property zoned Downtown Core (DC).

3.   RECOMMENDATION

     Approve based on the findings and subject to the conditions contained in the
     attached draft Planning Commission Resolution (Attachment €3).

4.   LOT SIZE

     18,000 square feet (0.410 acres)

5.   GENERAL PLAN

     Downtown Specific Plan

6.   PREVIOUS ACTIONS

     January 16, 2003 - The Design Review Committee approved fagade changes
     associated with renovation of the existing commercial building on the project site
     (Case No. ARB-2855).




                                                                  Case No. CUP-1214
                                                                     PC/Q6/19/07/PS
                                                                             Page 1
7.   EXISTING SURROUNDING ZONING AND LAND USES




8.   PENDING AND POTENTIAL ACTION

     None.

9.   ENVIRONMENTAL REVIEW

     The proposed project is Categorically Exempt from the provisions of the California
     Environmental Quality Act (CEQA), as provided by Class (1 ), Section 15301 of the
     CEQA Guidelines because the requested restaurant use with beer and wine
     service is a use of an existing facility.

10. STAFF ANALYSIS

     Background

     Chapter 24.460 of the Zoning Regulations "Alcoholic Beverage Establishments-
     Use Permits" was adopted in October of 2005 for the purpose of establishing
     regulations and standards for locating and operating businesses that are engaged
     in the sale of alcoholic beverages within the City of Ventura. Pursuant to Section
     24.460.310 of the Zoning Ordinance, a use permit is required for any new request
     for alcoholic beverage establishment. The applicant wishes to provide beer and
     wine service, which requires an ABC License Type 41 (On-Sale Beer & Wine -
     Eating Place), permitting sale of beer and wine as part of a bona fide eating-place.
     The property is located at the northeast corner of Oak Street and Santa Clara
     Street within the Downtown Specific Plan Area.

     The proposed Alcohol Beverage Establishment would be located within a 4,860
     square foot commercial building. Eating and Drinking Establishments are an
     allowed use in the Downtown Core Zone. The proposed hours of operation are
     7:00 AM to 1:00AM Sunday through Saturday. The applicant does not currently
     request entertainment.     The nature of the alcohol establishment is a bakery
     serving cold sandwiches and salads with indoor table seating and a bar area as
     well as outdoor table seating on a covered patio at the front of the building, which
                                                                   Case No. CUP-1214
                                                                      PCIOGJI 9/07/PS
                                                                                 Page 2
is enclosed by solid walls on three sides and folding wrought iron security gates on
one side. The business operation plan does not propose a happy hour.

Use Permit

The purpose of this Use Permit is to adequately evaluate and, whenever
necessary, condition a project in a way to minimize potential negative impacts to
the health, safety and general welfare on the community, residents, and
surrounding properties. In preparing this recommendation of approval, staff
worked with the Police Department to compose operational conditions based upon
the individual business plan to ensure the establishment will be compatible with the
surroundings. In staff's analysis, the applicant has demonstrated the operation of
the proposed alcohol beverage establishment, combined with a bona fide eating-
place, will be compatible with the surrounding uses and will be managed in a
manner that minimizes potential police service calls pursuant to the proposed
operational plan and conditions of approval.

Conditions

The proposed operational conditions contained within the draft resolution of
approval provide the following:

    Alcohol will only be sold in conjunction with food service and will only be sold
    between the hours of 7:00 AM and l:00 AM each day.

    No sales of beer or wine for off-site consumption are allowed.

*   Sales, service and consumption of alcoholic beverages in the enclosed patio
    area shall be monitored by employees at all times. No alcohol sales, service
    or consumption shall be permitted immediately outside of the wrought iron
    gated patio area.

    Alcoholic beverages shall not be offered at significantly reduced prices that are
    meant to encourage greater consumption of alcohol such as a "Happy Hour"
    type promotion.

    The quarterly gross sales of alcoholic beverages shall not exceed the gross
    sales of food during the same period. The licensee shall at all times maintain
    records which reflect separately the gross sale of food and the gross sale of
    alcoholic beverages of the licensed business. These records shall be kept no
    less frequent than on a quarterly basis and shall be made available to the
    Police Department on demand.

    The premises shall be equipped, maintained and shall possess, in operative
    condition, such conveniences for cooking and storage of foods such as stoves,
                                                               Case No. CUP-1214
                                                                  PC/06/19/07/PS
                                                                          Page 3
    ovens, broilers, refrigeration or other devices, as well as pots, pans or
    containers which can be used for cooking or heating foods on the type of
    heating device employed.

    There shall be no advertising of alcoholic beverages visible to the outside of
    the establishment, including advertising directed to the exterior from within,
    promoting or indicating the availability of alcoholic beverages.

e   Any graffiti painted or marked upon the premises or on any adjacent area
    under the control of the licensee shall be removed or painted over within forty-
    eight (48) hours of being applied.

e   The licensee shall be responsible for maintaining free of litter the area
    adjacent to the premises over which they have control.

Findings
Use Permit issuance is guided by Chapter 24.520 of the City's Municipal Code.
Section 24.520.70 provides five findings necessary for the Planning Commission to
grant approval. The findings, along with staffs analysis, are provided as follows:

7. The proposed alcoholic beverage establishment is located in a zoning district in
   which the establishment is a permitted use.

    The proposed alcoholic beverage establishment as part of a Dining
    Establishment use type is a conditionally permitted in the Downtown Core (DC)
    zone.

2. The proposed establishment will not contribute to an undue concentration of
   alcohol establishments in the area.

    The proposed establishment will not result in an undue concentration of alcohol
    establishments within the area because I) request is for a restaurant with
                                                 the
    beer and wine service, which has been appropriately conditioned in order to
    minimize impacts upon the general public and adjacent uses and is located
    within the Downtown area intended for these types of uses and, 2) the
    proposed license (Type 41) is not a bar for drinking-only activities.

3. The proposed establishment will not detrimentally affect nearby neighborhoods
   considering fhe distance of the alcohol establishment to residential buildings,
   churches, schools, hospitals, playgrounds, parks, and other existing alcohol
   establishmenis.

    The proposed alcohol establishment is not currently located within 300-foot
    radius proximity to any churches, schools and playgrounds. The Downtown
    area does contain apartments above storefronts and construction of approved
                                                              Case No. CUP-1214
                                                                 PC/06/19/07/PS
                                                                         Page 4
     projects will introduce more residential units in the Downtown area. However,
     this area is intended for these types of visitor serving and dining
     establishments. There are eight restaurants serving alcohol and one
     BarfNightclub within a 300-foot radius of to the proposed alcohol establishment.
     The proposed establishment has been adequately conditioned through its
     operational plan to minimize the impacts to the surrounding area. As discussed
     above, the project as conditioned will not detrimentally affect nearby
     neighborhoods.

4. The proposed establishment will otherwise be compatible with existing and
   potential uses within the general area.

     The proposed establishment will otherwise be compatible with existing and
     potential uses within the general area, because the proposed use of combining
     food service in a bona fide eating-place with beer and wine service is
     compatible with the visitor serving and commercial uses in the Downtown Core.

5. The proposed establishment is not located in what has been determined to be
   a high-crime area, or where a disproportionate number of police service calls
   occur.

     The proposed establishment is situated within the Downtown Area, which
     according to the Police Department incident reports is considered a high crime
     area and does generate a disproportionate number of police service calls when
     compared to other areas of the city. However, the request for an alcohol
     establishment as part of a bona fide restaurant as conditioned would not
     necessarily increase the number of crimes and service calls within the
     downtown area.



In staffs analysis, the proposed alcohol beverage establishment, as conditioned,
will be compatible with the existing uses within the Downtown area. The Use
Permit has operational conditions that would minimize potential for police service
calls and potentials impacts to adjacent uses.

Staff recommends that the Planning Commission approve the requested Use
Permit, based on the findings and subject to the conditions contained in the
attached draft Planning Commission resolution.

Attachments

A.     Site Information
B.     Draft Planning Commission Resolution



                                                                Case No. CUP-1214
                                                                   PC/06/19/07/PS
                                                                           Page 5
             PO BOX 94478




Special Features/Overlays:



                             Water
                             District:
                                          U.S. Census
                                          TramBlock Graup:   24 ,00




                                         E. SANTA CLARA ST.
            Attachment B
Draft Approval Resolution
THIS PAGE INTENTIONALLY LEFT BLANK
                    PLANNING COMMISSION RESOLUTION NO.

                  APPROVING AN AMENDMENT TO A USE PERMIT

                                 CASE NO. CUPmf231

        BE IT RESOLVED by the Planning Commission of the City of San Buenaventura
as follows:

      SECTION 1 : An application has been filed by David Lacy, pursuant to the City of
San Buenaventura Municipal Code, for a Use Permit Amendment for alcoholic
beverage sales to allow sales of distilled spirits in addition to currently permitted beer
and wine sales in conjunction with a full-service dining establishment for property zoned
Downtown Core (DC), located at 76 South Oak Street and more particularly described
as Assessor's Parcel Number 073-0-035-220.

       SECTION 2: All proceedings having been duly taken as required by law, and
upon review of the information provided, consideration of the testimony given at the
public hearing, as well as other pertinent information, the Planning Commission finds as     .
foIlows:
1.    The proposed alcoholic beverage establishment as part of a Dining
      Establishment use type is a conditionally permitted in the Downtown Core (DC)
      zone.
2.    The proposed establishment will not result in an undue concentration of alcohol
      establishments within the area because I) request is for a restaurant with
                                                     the
      beer, wine and distilled spirits service, which has been appropriately conditioned
      in order to minimize impacts upon the general public and adjacent uses and is
      located within the Downtown area intended for these types of uses and, 2) the
      proposed license (ABC Type 47) is not a bar for drinking-only activities.
3.    The proposed alcohol establishment is not currently located within 300-foot
      radius proximity to any churches, schools and playgrounds. The Downtown area
      does contain apartments above storefronts and construction of approved
      projects will introduce more residential units in the Downtown area. However,
      this area is intended for these types of visitor serving and dining establishments.
      There are eight restaurants serving alcohol and one Bar/Nightclub within a 300-
      foot radius of to the proposed alcohol establishment.               The proposed
      establishment has been adequately conditioned through its operational plan to
      minimize the impacts to the surrounding area. As discussed above, the project
      as conditioned will not detrimentally affect nearby neighborhoods.
4.    The proposed establishment will otherwise be compatible with existing and
      potential uses within the general area, because the proposed use of combining


                                                                    Case No. CUP-1231.
                                                                       PC/02/19/08/PS
                                                                               Page 1
      food service in a bona fide eating-place with beer, wine and distilled spirit service
      is compatible with the visitor serving and commercial uses in the Downtown
      Core.
5.    The proposed establishment is situated within the Downtown Area, which
      according to the Police Department incident reports is considered a high crime
      area and does generate a disproportionate number of police service calls when
      compared to other areas of the city.     However, the request for an alcohol
      establishment as part of a bona fide restaurant as conditioned would not
      necessarily increase the number of crimes and service calls within the downtown
      area.
6.    The proposed project is Categorically Exempt from the provisions of the
      California Environmental Quality Act (CEQA), as provided by Class (I), Section
      15301 of the CEQA Guidelines because the requested change to alcoholic
      beverage service in conjunction with a dining establishment is the use of an
      existing facility with a negligible expansion of the facility's previous use.

        SECTION 3: Based on the above findings, Conditional Use Permit Case No.
CUP-1231 as described in Sections 1 and 2 above is HEREBY APPROVED, subject to
the following conditions:



1.    This approval is granted for a Full Service Dining Establishment with beer, wine
      and distilled spirit service (ABC License Type 47) alcohol beverage
      establishment on the site (APN 073-0-035-220) as described in the application
      and any attachments thereto, and as shown on the plot plans labeled Case No.
      CUP-1231 Exhibit "A" through "B" and the Operations and Training Plan labeled
      Case No. CUP-1231 Exhibit "C" incorporated herein.
2.    All buildings, fences, signs, roadways, parking areas, and other facilities or
      features associated with the alcohol beverage establishment shall be located
      and maintained substantially as shown on the plot plan labeled Case Nos. CUP-
      1231, Exhibit "A" and "B", incorporated herein.
3.    Prior to obtaining the new ABC license and/or within 60 days hereof, the
      applicant and property owner shall file with the Community Development
      Department written acknowledgment of the conditions stated herein on forms
      provided by the Planning Division.
4.    Unless the use is inaugurated not later than 12 months after this approval is
      granted and is diligently pursued thereafter, this approval will be subject to
      revocation pursuant to Chapter 24.570 of the City's Zoning Ordinance. However,
      if the approved project remains unchanged (except as allowed under Zoning
      Ordinance Chapter 24.570), the Community Development Director may grant

                                                                     Case No. CUP-1231
                                                                        PC/O2/19/08/PS
                                                                                Page 2
         one additional 12-month-extensionof time for the Use Permit, provided the initial
         12-month period has riot already expired.
5.       All requirements of any law, ordinance, or regulation of the State, City of San
         Buenaventura, and any other governmental entity shall be complied with
         including without limitation, the "Operation Standards and Training
         Requirements1' set forth in Article 4 of Chapter 24.460 of the City's Zoning
         Ordinance as it may be amended from time to time.
6.       Approval is subject to the applicant paying all fees and assessments to the City
         of San Buenaventura as required by the Zoning Regulations.
7.       In the event the City determines that it is necessary to take legal action to
         enforce any of the provisions of these conditions, and such legal action is taken,
         the applicant shall be required to pay any and all costs of such legal action,
         including reasonable attorney's fees, incurredhby the City, even if the matter is
         not prosecuted to a final judgment or is amicably resolved, unless the City should
         otherwise agree with applicant to waive said fees or any part thereof. The
         foregoing shall not apply if the permittee prevails in the enforcement proceeding.
8.       This Use Permit is granted for an unlimited period of time, but shalt be void if the
         applicant fails to comply with the above conditions at any time. If at any time the
         Community Development Director, or its designee, or the Planning Commission
         determines that there has been, or may be, a violation of the findings or
         conditions of this Use Permit, or of the Zoning Ordinance regulations, a public
         hearing may be held to review the Use Permit. At said hearing, the decision
         making body may add other conditions, or recommend enforcement actions, or
         revoke the Use Permit entirely, as necessary to ensure compliance with the
         Zoning Ordinance, and to provide for the health, safety and general welfare of
         the Community.
Police
9.       Sales, service and consumption o f alcoholic beverages shall be permitted only
         between the hours of 7:00 AM and 1:00 AM.
10.      The sale of alcoholic beverages for consumption off the premises is prohibited.
11.      Sales, service and consumption of alcoholic beverages in the patio area shall be
         limited to the patio enclosure and shall be monitored by an employee(s) at all
         times. Alcohol sales, service or consumption immediately outside the wrought
         iron gated entrance on Oak Street shall constitute a violation of this condition.
12.      Food service shall be available to patrons at all times alcoholic beverage sales
         are exercised.



                                                                       Case No. CUP-I 231
                                                                                 I
                                                                          PC102f ' 9/08/PS
                                                                                    Page 3
Alcoholic beverages shall not be offered at significantly reduced prices that are
meant to encourage greater consumption of alcohol such as a "Happy Hour,"
type promotions. Happy hour promotions of food items are encouraged and are
not a violation of this condition.
The quarterly gross sales of alcoholic beverages shall not exceed the gross
sales of food during the same period. The licensee shall at all times maintain
records which reflect separately the gross sale of food and the gross sale of
alcoholic beverages of the licensed business. These records shall be kept no
less frequently than on a quarterly basis and shall be made available to the
Police Chief or his designee, upon demand.
The premises shall be equipped, maintained and possess, in operative condition,
such conveniences for cooking and storage of foods such as stoves, ovens,
broilers, refrigeration or other devices, as well as pots, pans or containers which
can be used for cooking or heating on the type of heating device employed.
There shall be no advertising of alcoholic beverages visible to the outside of the
establishment, including advertising directed to the exterior from within,
promoting or indicating the availability of alcoholic beverages.
Any graffiti painted or marked upon the premises or on any adjacent area under
the control of the licensee shall be removed or painted over within forty-eight (48)
hours of being applied.
The licensee shall be responsible for maintaining free of litter the area adjacent
to the premises over which they have con'trol.
A prominent, permanent sign or signs stating, "No person under 21 will be
served alcoholic beverages" and Valid ID is required to purchase alcoholic
beverages."
The Police Chief or his designee may immediately suspend operation of the
uses approved by this permit pending a hearing on the revocation of this permit if
the Chief finds that there have been significant violations of the use permit
conditions and/or ABC license, or there is a single.serious violent crime or single
significant incident to which multiple police units or multiple jurisdictions respond
associated with the operation of this use, which the Chief determines is
detrimental to the public safety or health. The Chief shall immediately inform the
Planning Manager of the suspension and the manager shall schedule a hearing
on the revocation of the permit by the Planning Commission to be held no more
than thirty (30) days after the suspension begins.
A copy of these conditions must be maintained on the premises and made
available upon the demand of any peace officer at all times.



                                                               Case No. CUP-1231
                                                                  PC/02/19/08/PS
                                                                          Page 4
22.   If complaints are received regarding excessive noise, parking availability, lighting,
      building access, and the like, associated with the establishment, the City may, at
      its discretion, take action to review the use permit, including, without limitation,
      adding conditions or revoking the permit.
23.   In the areas surrounding the business, not otherwise licensed by the California
      Department of Alcoholic Beverage Control allowing the service of alcohol, the
      licensee shall post prominent signs stating, in effect, "No loitering," "No open
      containers" and "Consumption of alcoholic beverages are prohibited." Signs
      shall be posted in a place in front of the business that is clearly visible to patrons
      of the licensee and shall include any parking lot and other adjacent areas under
      the licensee's control.
24.   Employees shall not be allowed to consume alcoholic beverages during their
      shift.
25.   The licensee shall have readily identifiable personnel to monitor and control the
      behavior of customers inside the building premises. Staff shall monitor activity
      outside in the parking lot, patio area and any adjacent property under the
      establishment's control to ensure the areas are generally free of people during
      business hours and are cleared of patrons one-half hour after closing.
26.   The licensee shall regularly police the area under the licensee's control in an
      effort to prevent the loitering of persons about the premises.

      SECTION 4: This Permit shall be subject to revocation if the applicants fail to
comply with the conditions listed herein at any time. If, at any time, the Community
Development Manager or Planning Commission determines that there has been, or
may be a violation of the findings or conditions of this action, or of the Zoning
Regulations, a public hearing may be held before the Planning Commission to review
this Permit pursuant to Zoning Regulations Chapter 24.570. At said hearing, the
Planning Commission may add conditions, or recommend enforcement actions, or
revoke the Permit entirely, as necessary to ensure compliance with the Zoning
Regulations, and to provide for the health, safety, and general welfare of the
community.

      PASSED AND ADOPTED this 1g t b a a y February 2008.
                                         of




                                         Larry Onaga, Secretary




                                                                      Case No. CUP-1231
                                                                         PC/02/191081PS
                                                                                 Page 5
                      EAST SANTA CLARA




76 SOUTH OAK STREET
VENTURA, CALIFORMA
                                    KEY NOTES*



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My Florist Winecafe & Bakery

Training Requirements, Ordnance Sec. 24.460.440


My Florist Winecafe & Bakery will, in accordance, operate a new alcoholic beverage
establishment successfully and be certified and responsible in selling and serving, while
maintaining a family-oriented environment.

This establishment, the Manager and the employees will receive appropriate training
required of all who are food handlers Additionally, all managers and employees involved
in the sales or serving of alcohol will receive appropriate training in the handling of same.

The owner will work in compliance with the State's Alcohol Beverage Control Act.


Training Plan Requirements, Ordnance Sec. 24.460.4 10

Article 4. Operations Standards


In compliance with the State's Alcohol and Beverage Control Act, all staff will receive
training as identified by the license issued.

Reasonable steps and skills for requesting those engaging in such inappropriate nuisance
will include contact with the appropriate authorities in a timely manner.

In compliance with the State's Alcohol and Beverage Control Act, all staff will receive
the proper skills to quickly clean or cover any litter or graffiti and work directly with the
authorities to ensure the timely removal. Litter will be removed immediately from areas
surrounding the building and no loitering will be permitted in the parking lot.

In compliance, all staff will be trained to ensure that all Alcohol beverages be consumed       .
on the premises of the business only.

Management will ensure all required signs required by the ABC are posted.

In compliance, management will be responsible for all ordering of product to comply
with the size/quantity needed for the restaurant's safe atmosphere.




                                                                  Case No. CUP-1231 Exhibit C
Operations Standards and Policies Compliant with the ABC and the City of
Ventura

It is everyone's job to ensure that patrons who are buying or drinking
alcohol are at least 21 years of age. Therefore any staff member serving
alcohol must request a proof of age ID fiom any patron who appears to be
under the age of 30 and who is attempting to purchase or consume alcohol.
My Florist Winecafe and Bakery will post prominent and permanent signage
advising patrons of this policy. The staff will be trained on recognizing the
appropriate forms of ID. Our staff will know who is getting each drink that
is served, ensuring that a drink is not being ordered for another person
whose age and/or level of consumption has not been verified.

My Florist Winecafe and Bakery will not offer significantly reduced prices
for alcohol that are meant to encourage greater consumption of alcohol, such
as 'happy hour' type promotions

My Florist management will and supervisors will support its servers
decisions to stop service to any patron who looks or acts intoxicated. We
discourage intoxication and will not serve those who look or act intoxicated,
even if they are taking a taxi or have a designated driver.

We will provide and promote non-alcoholic beverages. We also promote the
designated driver program, and we strongly encourage the taking of taxis
after consumption of alcohol if transportation is needed. My Florist has a
long standing policy of offering to pay for a taxi if fear exists that the patron
may be a public danger operating a vehicle. If the patron refuses attempts to
provide a safe ride, staff should immediately notify management and law
enforcement for assistance.

All staff will be trained continually on responsible beverage service by
management and receive extra, third-party training if needed.

During all hours of operation of My Florist, food will be available. At no
time will alcohol ever be available without food being offered as well.
Alcohol sales and consumption will occur only between the hours of 7am
and 1 am. No alcoholic beverages will be sold for consumption off the
premises. Alcohol sold on the premises must be consumed on the premises,
such premises being limited by the gates at the front of the patio for patio
service. There will be no alcoholic beverage consumption beyond the front
gates of the building on Oak Street.

My Florist Winecafe and Bakery will maintain a close working relationship
with law enforcement professionals with the City of Ventura and the ABC as
required. We will comply with the occupancy regulations, ensuring that
overcrowding does not exists. We will ensure that My Florist does not
create a noise nuisance to its neighbors. The staff will intervene with the
patrons as necessary to ensure that these policies are enfiorced.

My Florist Winecafe and Bakery has a company-wide zero tolerance for the
use or sales or possession of illegal drugs. Staff will notify management
immediately and law enforcement as required,

My Florist will not sell more food than alcohol, measured by gross sales on a
quarterly basis. Accurate records will be maintained to reflect this, such
records always being available for inspection by the proper authorities.

At all times My Florist will maintain all equipment needed for food service.

There shall be no advertising of alcoholic beverages visible to the outside of
the establishment, including advertising directed to the exterior from the
interior, promoting alcohol availability or its consumption.

Employees may not consume alcoholic beverages during their shift.

At all times the shift manager on duty shall be responsible for observing the
staff and patrons and for ensuring that these policies are enforced and that
management is kept informed of any discrepancies or difficulties in a timely
fashion The shift mgnager will also have a written copy of these Policies
posted for all employees to read at all times during their shift.

								
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