ADMINISTRATIVE PERMIT STAFF ANALYSIS APPLICANT: 1751 …

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APPLICANT: Pizza Partners Ventura, LLC 100 Wilshire Blvd. Suite 1600 Santa Monica, CA 91041

ADMINISTRATIVE PERMIT STAFF ANALYSIS

CASE NO.: AUP-1-19-48746

1 .. LOCATION: 1751 East Main Street (APN 073-0-084-130) (Attachment A)

2. PROJECT: 13032

3. PROJECT SUMMARY AND APPROVALS REQUESTED: The proposed project is a request for an Alcohol Use Permit allowing Type 41 (On Sale Beer & Wine - Eating Place) for a restaurant with an indoor seating area only. Daily alcohol sales, service and consumption hours would be 9:00 AM to 11 :00 PM daily. The customer service area would occupy 515 square-feet of the 1,430 square-foot one-story, commercial building. The property is located on a 4,200 square-foot (0.09 acre) lot within the General Urban (T4.5) zone with a land use designation of Commerce, located at 1751 East Main Street.

4. LOT SIZE: 4,200 square feet (0.09 acre)

5. GENERAL PLAN/ZONING: Commerce/General Urban (T4.5)

6. PREVIOUS CASES/NOS.:

• In 1928, the existing building was originally constructed. • On May 7, 1979 the Design Review Committee approved a fagade remodel. • On August 15, 2012 the Planning Commission approved a type 41 license for

Palermo Pizzeria. • On January 29, 2019 a Minor Design Review application was approved for a

fagade remodel. • No additional Planning Applications exist on site.

7. ADDITIONAL ACTIONS REQUIRED: ABC State License approval.

8. DATE OF APPLICATION COMPLETENESS: June 24, 2019

9. ENVIRONMENTAL DETERMINATION: Staff has determined the proposed project is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA), under Section 15301 (Class 1, Existing Facilities) of the CEQA Guidelines because the requested Type 41 ABC license (On Sale Beer & Wine - Eating Place)

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is a reuse of an existing structure that involves negligible or no expansion of use beyond that approved at the present time and would not create any significant environmental impacts. No exceptions apply to defeat the exemption.

10. STAFF ANALYSIS: Project analysis is based upon staff's review of the project case file on record with Community Development and consistency review with applicable General Plan and zoning requirements, including a neighborhood analysis of previous permit requests.

The proposed alcohol beverage establishment is located within the General Urban (T 4.5) zone district which is intended to encourage mixed-use and higher density residential infill development including providing new commercial and civic amenities along the Corridors (SBMC 24M.102.030 (D)). The existing restaurant is a use permitted by right in the T4.5 zone, however, per Zoning Regulations Chapter 24.460 ("Alcoholic Beverage Establishments-Use Permits"), a Use Permit must be approved for any business engaging in the sale of alcoholic beverages.

The purpose of this Administrative Use Permit process is to consider whether the necessary findings to permit the use can be made, and if so, to adequately condition the project in a way to minimize potential negative impacts to the health, safety and general welfare of the community, residents, and surrounding properties. As part of project review for the Native Pizza operations, staff, working with the Police Department, recommends the conditions found in the attached Administrative order, based upon the license type, location of the facility, and the applicant's Operation Plan to ensure the establishment will be compatible with the surrounding uses.

Reporting District

According to recent crime statistics by the Ventura Police Department, Native Pizza is located in reporting district (RD) 36. In 2016 RD 36 had 22% less reported crimes than the average number of reported crimes as determined from all crime reporting districts in Ventura. In 2017 RD 36 had 0% more reported crimes than the average number of reported crimes as determined from all crime reporting districts in Ventura. In 2018 RD 36 had 24% less reported crimes than the average number of reported crimes as determined from all crime reporting districts in Ventura.

There are no significant calls for service at 1751 E. Main Street. Native Pizza is located in a reporting district that has a low crime rate and any of those incidents are not associated with the proposed premise.

The majority of calls for service in this reporting district are: thefts, check the well, municipal code violations, domestic violence incidents and noise complaints. Reporting District 36 is comprised primarily of residential area and a commercial corridor on E. Main Street.

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Reporting District 36 has eight (8) alcohol licenses including the proposed Native Pizza. The other establishments are one non-retail license and two restaurants, two bars, a liquor store and a market with a restaurant on premise.

There is currently one (1) business with State ABC License Types that conduct alcohol sales within a 300 foot radius (Attachment 8):

• Red Cove: Type 48, On Sale General - Public Premises

Native Pizza

Native Pizza is owned by Pizza Partners Ventura, LLC., a syndicated partnership managed by David Jeremy, LLC. David Jeremy, LLC owns several properties within Ventura County and is currently developing another restaurant in Downtown Ventura along with the existing retail store Iron & Resin. Executive Chef and partner Scott Tremontio owned a former wood-fired pizza truck and has since opened his own restaurant in downtown Los Angeles. All the partners are all successful businessmen with families and dedicated interest in the development of Ventura.

The owners of Native Pizza will be updating an adjacent parcel to accommodate additional parking which is at a premium in the area. They have also converted a dirt open space to the rear of the restaurant into a garden setting. The owners envision using the space for workshops and planting a vertical garden to grow fresh herbs for the kitchen. Beside updating the outdoor space, the owners spent ten months updating the entire building to include, new paint, signage and interior decor.

In 2004, the 1751 E. Main Street premise was occupied by Cooke's Smokehouse. The restaurant held a type 41 license through the California Department of Alcoholic Beverage Control (ABC). The business closed in 2010 and remained vacant until Palermo Pizzaria was established in 2012. Pursuant to the City of Ventura Alcohol Beverage Establishment Use Permit Ordinance (SBMC section 24.460.310), if there is a cessation of use of the alcohol license for a period of six months or more, a new use permit shall be required. Palermo Pizzaria applied for and was approved an alcohol use permit. Palermo Pizzaria, which also had a type 41 license, closed the business in September 2018. Native Pizza has now established itself at the same location. Due to the closure of Palermo Pizzaria and Native Pizza wanting to establish a new alcohol license at the location, the owners are seeking an alcohol use permit for a type 41 license, on sale beer and wine eating place.

Native Pizza's a first to market gourmet farm-to-table American style Pizzeria/Cafe offering a heightened experience from what one would find in a fast-casual setting. Serving artisan, clean & primarily locally sourced products, Native Pizza sees itself as a brand vested in community. Serving wholesome food baked and cooked fresh every day, Native Pizza intends to be a game changer. Native Pizza intends to have monthly

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events with and for the community such as cooking classes, featured local growers, and parties/events. The addition of beer & wine is merely meant to accompany the artisan food items.

The Native Pizza menu will include sandwiches made with ciabatta-like bread made with organic bread flour and spelt flour. The pizzas will be available in a variety of sizes and toppings to include seasonal specials. Pizzas will also be available in a gluten free crust. Produce for the pizza and sandwiches are sourced from farms in and around the County (i.e. Rio Gozo Farm in Ojai, King & King Ranch in Fillmore and Underwood Family Farms in Somis and Moorpark. The owners will offer delivery of their products, but will self-deliver rather than use third party providers. This affords the business the opportunity to regulate their delivery service and ensure the customer gets the top quality food product they ordered.

Native Pizza will be the third bona-fide eating establishment with an alcohol license in this reporting district. Pizza Chief, which located approximately 500 feet west of Native Pizza does not offer wood fired pizza nor does it have an alcohol license. Native Pizza would serve a public convenience or necessity and not contribute to an undue concentration of alcohol establishments in this area.

Based on the aforementioned, it is the recommendation of the Ventura Police Department the list of the attached conditions for an ABC license type 41 (On Sale Beer & Wine Eating Place) be applied to the Conditional Use Permit.

Implementation of these conditions will address the Ventura Police Department's concerns. The sales, service and consumption of alcoholic beverages are permitted between the hours of 9:00 AM to 11 :00 PM each day of the week.

RECOMMENDATION: Staff recommends approval with conditions (Attachment C)

CASE PLANNER: Elizabeth Richardson, Senior Planner

HEARING OFFICER: Peter Lyons, AICP, MBA, Interim Assistant Community Development Director

Attachments: A. Site Location and Context B. Map of Surrounding Alcohol Establishments C. Draft Administrative Order

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Attachment A

Site Location & Context

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Parcel:

Property Owner:

Site Address:

073-0-084-130 Zoning:

T4.5

MID-TOWN CAFE VENTURA LLC

100 WILSHIRE BLVD #1600

SANTA MONICA CA

1751 MAIN STE

Sale Date:

90401

20181010

Year Built:

Homeowner Exemption(Y/N):

1965

N

~~:: 5811: Restaurants or Coffee Shops (designed and Used As Such)siteZip: 93001 Tax Rate

05001 Assessed Value

Area Code: per County Assessor:

Tract: Block:

Fault Coastal Zone: Zone:

Community: Land

Midtown Use:

Land

150,000 Value:

Lot:

GP= Commerce

~f~~~ement 250,000 Sq.Ft.Land:

4,200 Flood Zone: X

Specific/Community/Corridor Plan:

Acres:

0.090

City Annexation: Thompson Addition (19060608) Midtown Corridor 2007

Water District: Casitas

Historic Resource Summary:

Date of Query:

ij\ N

0

BOOK

100

Fire Hazard Hillside:

~~~:nty Urban Unzoned

PAGE

THIS REPORT IS BASED ON DATA COMPILED FROM A NUMBER OF SOURCES INCLUDING PARCEL DATA SUPPLIED BY THE COUNTY ASSESSOR AND SEVERAL TABLES MAINTAINED ON THE CITY OF VENTURA'S LEGACY COMPUTER SYSTEM. ALL DATA IS SUBJECT TO CHANGE AT ANY TIME AND IS ONLY AS CURRENT AS THE SYSTEMS FROM WHICH IT CAME.

l.J.J

200 FEET

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Attachment B

Map of Surrounding Alcohol Establishments

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14 AUG 2019 This map is a product of the City of San Buenaventura, California. Although reasonable efforts have been made to ensure the accuracy of this map, the City of San Buenaventura cannot guarantee its accuracy. 1" = 100'

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Attachment C

Draft Administrative Order

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CITY OF SAN BUENAVENTURA

ADMINISTRATIVE HEARING ORDER NO. AH0-2019-__ APPROVING AN ADMINISTRATIVE ALCOHOL USE PERMIT

FOR A BEER & WINE EATING PLACE LOCATED AT 1751 EAST MAIN STREET

(NATIVE PIZZA)

PROJECT NO. 13032

CASE NO: AUP-1-19-48746

WHEREAS, an application has been filed by Pizza Partners Ventura, LLC, pursuant to San Buenaventura Municipal Code ("SBMC") Chapter 24.460, for an Alcohol Use Permit allowing Type 41 (On Sale Beer & Wine - Eat,ing Place) for a restaurant with an indoor seating area only. Daily alcohol sale hours would be Sunday through Saturday 9:00 AM to 11 :00 PM. The customer service area would occupy 515 square-feet of the 1,430 square-foot one-story, commercial building. The property is in the General Urban (T4.5) Zone district with a land use designation of Commerce, located at 1751 East Main Street. The project site is comprised of the west 30 feet of Lot 31, Hobson Heights No. 1, in the book of Ventura, County of Ventura, State of California, as shown on a map recorded in Book 11, Page 24 of Maps in the Office of the County Recorder and is also commonly referred to as Assessor's Parcel Number 073-0-084-130.

BE IT RESOLVED by the Administrative Hearing Officer, designated by and acting on behalf of the Community Development Director of the City of San Buenaventura, as follows:

SECTION 1: 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 Administrative Hearing Officer finds as follows:

Alcohol Use Permit

1. 'The proposed alcoholic beverage establishment conforms to the general plan and is consi~tent with the purposes and requirements of this zoning ordinance." SBMC Section 24.460.240.C(1).

The site of the proposed alcoholic beverage establishment is located on property designated Commerce and is in T 4.5 (General Urban) zoning district, which allows the restaurant by right and allows a Type 41 license (On Sale Beer & Wine - Eating Place), subject to a Use Permit pursuant to SBMC Chapter 24.460 ("Alcoholic Beverage Establishments - Use Permits").

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2. ''The proposed alcoholic beverage establishment will not contribute to an undue concentration of alcohol establishments in the area, unless a finding of public convenience or necessity is made." SBMC Section 24.460.240. C(2).

The site of the restaurant with alcohol beverage service is within an area of the City where there is not an "undue concentration" of alcoholic beverage establishments within the meaning of section 23958.4(a)(1) of the Business and Professions Code. As described in Finding No. 9 below, the site of the alcoholic beverage establishment is in a crime reporting district that has a 22 percent less number of reported crimes than the average number of reported crimes as determined from all crime reporting districts within the jurisdiction of the local law enforcement agency in the year 2016. However, for the following reasons, the City may issue a conditional use permit for the establishment.

According to recent crime statistics by the Ventura Police Department, Native Pizza is located in reporting district (RD) 36. In 2016 RD 36 had 22% less reported crimes than the average number of reported crimes as determined from all crime reporting districts in Ventura. In 2017 RD 36 had 0% more reported crimes than the average number of reported crimes as determined from all crime reporting districts in Ventura. In 2018 RD 36 had 24% less reported crimes than the average number of reported crimes as determined from all crime reporting districts in Ventura.

The majority of calls for service in this reporting district are: thefts, check the well, municipal code violations, domestic violence incidents and noise complaints. Reporting District 36 is comprised primarily of residential area and a commercial corridor on East Main Street.

Reporting District 36 has eight (8) alcohol licenses including the proposed Native Pizza. The other establishments. are one non-retail license and two restaurants, two bars, a liquor store and a market with a restaurant on premise. The other establishments are Red Cove (On-Sale General - Public Premise), H & H Liquor (Off Sale General), The Benchwarmer (On-Sale General - Public Premise), Santa Cruz Market (On-Sale Beer and Wine - Eating Plan and Off Sale General), Mai's Cafe (On Sale Beer and Wine - Eating Place), and Golden Egg (On-Sale Beer and Wine - Eating Place).

Native Pizza's a first to market gourmet farm-to-table American style Pizzeria/Cafe offering a heightened experience from what one would find in a fast-casual setting. Serving artisan, clean & primarily locally sourced products, Native Pizza sees itself as a brand vested in community. Serving wholesome food baked and cooked fresh every day, Native Pizza intends to be a game changer. Native Pizza intends to have monthly events with and for the community such as cooking classes, featured local growers, and parties/events. The addition of beer & wine is merely meant to

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accompany the artisan food items.

Native Pizza will be the third bona-fide eating establishment with an alcohol license in this reporting district.

There are no significant calls for service at 1751 E. Main Street and is located in a reporting district that has a low crime rate and any of those incidents are not associated with the proposed premise. Therefore, Native Pizza will serve a public convenience or necessity and will not contribute an undue concentration of alcohol establishments in the area.

3. "The proposed :alcoholic beverage establishment will not detrimentally affect nearby neighborhoods considering the distance of the alcohol beverage establishment to residential buildings, churches, schools, hospitals, playgrounds, parks, and other existing alcoholic beverage establishments." SBMC Section 24.460.240. C(3).

The following table provides the distances to nearby residential buildings, churches, schools, hospitals, playgrounds, parks, and other existing alcoholic beverage establishments within 300 feet of the alcoholic beverage establishment:

Land Use

Red Cove: Type 48, On Sale General - Public Premise, 1809 East Main Street

Direction & Distance from Alcoholic Severa e Establishment Site:

Direction: 211 feet from parcel line; 252 feet (building to building)

Based on the foregoing information, the ABC License Type 41 (On Sale Beer & Wine - Eating Place) use is not anticipated to detrimentally affect nearby neighborhoods or sensitive uses because while the use is located 300 feet of the

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above listed uses, the operational plan has been reviewed and approved by the Police Department and has been created with safeguards, such as hours of operation, employee training, alcoholic beverage sales limitations, food service with alcoholic beverages, property upkeep, and security measures that would minimize detrimental effects. Further, conditions of approval, including abiding by the operational plan, are to ensure that less than significant detrimental effects will occur.

4. 'The proposed alcoholic beverage establishment will be compatible with existing uses, or the general character of the surrounding vicinity, and be consistent with the public health, safety, or welfare, due to hours of operation, generation of pedestrian or vehicle traffic, lighting, noise, vibration, odor, security, or other factors." SBMC Section 24.460.240.C(4).

Existing uses in the general area around the site of the alcoholic beverage use include those set forth in the table in Finding number 3 above, as well as offices, markets, and retail stores. In addition, potential uses in the general area that are allowed by of right within the T 4.5 Zone include Retail, Restaurants, Personal Services, Office, Lodging, Health/Fitness, Business and Professional Services and Medical/Dental. The establishment is compatible with these uses because the Midtown Corridor Development Code and corresponding T 4.5 (General Urban) zoning district seek to support a variety of commercial uses.

The proposed alcoholic beverage establishment will not adversely impact or be detrimental to surrounding uses and buildings in the vicinity because Condition No. 2 requires that the tenant space and other facilities or features associated with the alcohol beverage establishment be located and maintained substantially as shown on the plot plan. The project does not propose alterations to the building, and therefore the proposed use will not adversely affect uses, buildings, or structures in the surrounding vicinity.

It is the recommendation of the Ventura Police Department that conditions for an ABC license Type 41 (On Sale Beer & Wine - Eating Place) be applied to the Use Permit. They include safeguards, such as hours of operation, employee training, alcoholic beverage sales limitations, food service with alcoholic beverages, property upkeep, and security measures that would minimize detrimental effects to neighboring uses. The applicant has agreed to the Police Department's recommended conditions. With the proposed conditions implemented, the proposed use should not adversely affect uses, buildings, or structures in the surrounding vicinity.

Further, hours of operation, pedestrian and vehicle traffic generation, lighting, noise, vibration, odor, security or other factors associated with the proposed establishments are consistent with the surrounding commercial character and diverse uses in Midtown, which include Restaurant, Office and Retail uses, in terms of hours of operation and level of activity. All restaurant related activities will

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end upon the designated closing time, thereby limited potentially detrimental effects. There are no immediately adjacent residential uses that would be adversely affected by pedestrian and vehicular activity, lighting, noise, vibration, odor, or security issues.

The proposed operational plan has been reviewed and approved by the Police Department and has been created with safeguards, such as hours of operation, employee training, alcoholic beverage sales limitations, food service with alcoholic beverages, property upkeep, and security measures to minimize detrimental effects to neighboring uses.

l

5. 'The proposed alcoholic beverage establishment is not located in what has been determined to be a high-crime area, or where a disproporlionate number of police service calls occur, unless it can be shown that the proposed alcoholic beverage establishment will not significantly add to the crime rate of the area or contribute to a disproporlionate number of police service calls." SBMC Section 24.460.240. C(5).

According to recent crime statistics by the Ventura Police Department, Native Pizza is located in reporting district (RD) 36. In 2016 RD 36 had 22% less reported crimes than the average number of reported crimes as determined from all crime reporting districts in Ventura. In 2017 RD 36 had 0% more reported crimes than the average number of reported crimes as determined from all crime reporting districts in Ventura. In 2018 RD 36 had 24% less reported crimes than the average number of reported crimes as determined from all crime reporting districts in Ventura.

The majority of calls for service in this reporting district are: thefts, check the well, municipal code violations, domestic violence incidents and noise complaints. Reporting District 36 is comprised primarily of residential area and a commercial corridor on E. Main Street.

There are no significant calls for service at 1751 E. Main Street. Native Pizza is located in a reporling district that has a low crime rate and any of those incidents are not associated with the proposed premise.

Furthermore, the conditions of approval regulating the operations will limit the establishment's impacts on the neighborhood, will further limit any cumulative impacts of such establishments, and thus ensure that the proposed use will not contribute significantly to the crime rate or demand for police services.

SECTION 2: California Environmental Quality Act

6. The project is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA), under Section 15301 (Class 1, Existing

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Facilities) of the CEQA Guidelines because the requested restaurant with Onsite Sale of Beer & Wine is a reuse of an existing structure that involves negligible or no expansion of the use beyond that approved at the present time and would not create any significant environmental impacts. Further, the project would not trigger any of the exceptions to the exemptions listed under CEQA Guidelines Section 15300.2. Therefore, no further environmental review is required.

The proposed project is Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Class 1, Existing Facilities) of the CEQA Guidelines because the requested restaurant with Onsite Sale of Beer and Wine is a reuse of an existing structure that involves negligible or no expansion of the use beyond that approved at the present time and would not create any significant environmental impacts. Additionally, none of the exceptions to the categorical exemptions set forth in State CEQA Guideline section 15300.2 applies to the proposed project because the proposed project (1) is not located in a uniquely sensitive environment as this is a developed residential lot, (2) would not contribute to a cumulative impact, (3) has no unusual circumstances associated with it, (4) is not located adjacent to a scenic highway, (5) is not included on a list compiled pursuant to Section 65962.5 of the Government Code, (6) would not have a significant substantial adverse change in the significance of a historical resource. Therefore, no further environmental review is required.

SECTION 3: Based on the above findings, Use Permit Case No. AUP-1-19-48746 as described above, is HEREBY APPROVED, subject to the following conditions:

Planning Conditions

1. This approval is granted for sales, service and consumption pursuant to a Type 41 license (On Sale Beer & Wine - Eating Place) for an alcohol beverage establishment on the site (APN: 073-0-084-130) as described in the application and any attachments thereto, and as shown on the plans labeled Case No. AUP-1-19-487 46 Exhibit "A" dated August 20, 2019, and the Operations and Training Plan labeled Case No. AUP-1-19-48746 Exhibit "B" dated August 20, 2019 attached hereto and incorporated herein.

2. The tenant space 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 No. AUP-1-19-48746 Exhibit "A" dated August 20, 2019, attached hereto and incorporated herein.

3. Prior to obtaining the new State ABC license and/or within 15 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, and all public notices posted onsite are to be removed.

4. Unless the use is inaugurated no later than 12 months after this approval is granted

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and is diligently pursued thereafter, this approval will be subject to revocation pursuant to Chapter 24.570 of the City's Municipal Code. However, if the approved project remains unchanged (except as allowed under Municipal Code 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. If an employee/manager/owner of Seaward Sushi sells, furnishes, gives or causes to be sold, furnished, or given away any alcoholic beverage to any person under the age of 21, the City of Ventura will suspend this alcohol use permit for a period of 10 days for the first offense, and 20 days for a second offense, and will initiate rev;acation proceedings for a third offense within a 4-year period. The Chief of Police or his or her designee will determine the suspension date.

6. 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 Requirements" set forth in Article 4 of Chapter 24.460 of the City's Municipal Code as it may be amended from time to time.

7. A copy of these conditions must be maintained by the licensee on the premises and made available upon the demand of any peace officer at all times.

8. Approval is subject to the applicant paying all fees and assessments to the City of San Buenaventura as required by the zoning regulations.

9. The applicant/owner agrees to hold harmless and indemnify, and, at the City's request, defend the City, its officers, officials, employees, agents, representatives and volunteers from and against any and all claims, demands, actions, damages, expenses, suits, accidents, injuries, liability, or proceedings of any character whatsoever (including without limitation, attorney's fees), brought for or on account of, or resulting from or arising out of, or in connection with, any act, negligence, wrongful conduct, or other action by applicant, applicant's employees, agents or representatives, or any of applicant's lessees or subcontractors in connection with the Use Permit.

10. 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 waive said fees or any part thereof. The foregoing shall not apply if the permittee prevails in the enforcement proceeding.

A. This Use Permit is granted for an unlimited period of time, but shall be subject to revocation or reevaluation if the applicant fails to comply with the

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above conditions at any time. If at any time the Community Development Director, or his or her 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, a public hearing may be held to review the Use Permit. At said hearing, the decision making body may amend or add other conditions, 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.

B. The Police Chief or his or her designee may immediately suspend operation of the uses approved by this permit pending a hearing on the revocation or reevaluation 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, health, or welfare. The Chief shall immediately inform the Planning Manager of the suspension and the manager shall schedule a hearing on the revocation or reevaluation of the permit to be held no more than thirty (30) days after the suspension begins.

C. 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, amending conditions or revoking the permit following a hearing conducted as described above.

Alcohol License Type 41 (On Sale Beer & Wine - Eating Place)

11. The sales, service and consumption of alcoholic beverages shall be 9:00 AM to 11 :00 PM Sunday through Saturday. No other alcoholic beverages may be sold or served.

12. Employees must be certified in a State Licensee Education on Alcohol and Drugs (L.E.A.D) or Responsible Beverage Service (RBSY Alcohol server training course within 90 days of employment.

13. The establishment employees shall not be allowed to consume alcoholic beverages during their shift.

14. Sale, service or delivery of larger volumes of alcohol, such as in pitchers, carafes, buckets, or similar containers, shall only be provided by the licensee to serve two or more consumers at one time.

15. The sale and consumption of alcoholic beverages on any property adjacent to the

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licensed premises under the control of the licensee(s) is prohibited.

16. Food services shall be available to patrons at all times alcoholic beverage sales are exercised.

17. The premises shall at all times be equipped, maintained and possess, in operative condition, such conveniences for cooking and storing food, such as stoves, ovens, broilers, refrigerators, or other such devices, as well as pots, pans, or containers which can be used for cooking or heating on the type of heating device employed.

18. 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 or her designee, upon demand.

19. 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, shall be limited to two signs. The permanent signage of the business name is not considered as an advertisement under this condition.

20. 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.

21. The licensee shall be responsible for maintaining the premises, or areas adjacent to the premises over which he or she has control, free of litter.

22. The licensee shall post 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."

23. The licensee shall have readily identifiable personnel to monitor and control the behavior of customers in and around the premises.

24. The licensee shall regularly police the area under the licensee's control in an effort to prevent the loitering of persons about the premises.

25. Prior to commencing the sale of beer and wine permitted by this Alcohol Use Permit, security cameras shall be installed, maintained and operated 24-hours a day to monitor the premises and be positioned to monitor at minimum the entry/exit, all points of sale, and the areas immediately surrounding the exterior of the business. The specifics of the camera system shall be developed by the applicant in consultation with approval by the Ventura Police Department. The initial camera system shall comply with the following minimum standards:

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· A. The cameras shall be high definition color cameras, made by a reputable manufacturer and maintained to current industry standards. They shall have low light capability and be capable of identifying persons at the store's registers, entry/exit points and parking lot(s) of the development.

B. The system shall utilize a high definition digital recording system that allows recording, live viewing, and playback of recorded video for a period of least 30 days. The digital recording system shall perform all recording, viewing (local and remote), playback (local and remote), queries, and backup functions simultaneously, with no interruption of any other function.

C. During normal business hours, the licensee shall provide access to the digital recordings for any and all enforcement purposes as determined by the City of Ventura.

26. There shall not be any amplified music or live bands unless the licensee has a valid Entertainment Permit issued by the City of Ventura, pursuant to Municipal Code Chapter 10.450

SECTION 4: This Permit shall be subject to revocation and/or reevaluation if the applicants fail to comply with the conditions listed herein at any time. If, at any time, the Community Development Director 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 to review this Permit pursuant to the procedures set forth in Chapter 24.570. At said hearing, the decision-making authority may amend or add conditions, 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 2Qth day of August, 2019

Attachments:

Exhibit A - Plans Exhibit B - Training & Operations Plan

Peter Lyons, AICP, MBA Administrative Hearing Officer

PROJ-13032 AH0/08/20/2019/ER

Page 10

AHO-21

Oepar:tment o.f Alcoholic Beverag~ Control State of California

LICENSED PREMI.SES DIAGRAM (RETAIL)

1. APPLICANT NAME (La.st, first, middle) 2. LICENSE TYPE.

3. PREMISES ADDRESS {Street number and name. cily, zip COC!e} 4. NEAR.EST CROSS STREET

Th.e diagr:am below is a true an4 correct description of the entrances, exits, interior walls and exterior boundaries of the premises to be licensed, including dimensions and identification of each room (i.e., ''storeroom", "office 11

1 • etc.). DIAG 'RAM . . .. .. .. .... ..... . ... .... ... ...... ... . . .. . .... . ...... .... . ... . . . . . . . . . . . . . . . . . . . . . . 48'-2 1 /2" ... .. ... , . .. . . ... ... 45'-2 1 /2" .. . ... . ....... . .......... .

. . . . . . . . . . . . . . . ....... . .. ... .... .. ... ....... ... ................. . .... . ABC BOUNDRY

FRONT·· · · ~ ENTY~-.:........:....

.. .. 1. DINING .. .

· · · · ·GARDEN· · · · · · · - , · · · · , · ... . .. ... .

·GARDEN EXIT-

· · · · · · · · · · · BATH · · STORAGE RESTURANT EXIT · · · · · · · · · · · · · · · · · · · · · · · · · · · · • · · · · · · · · · · · · · · · · · · · · ' · · · · · · ·· · · · · · TO GARDEN · · · · · · · · · ·GARDEN EXIT' · · · · · · · · · ·

l

J . ................ ·. · '. .................................... . ABC-BOUNDRY.PLAN · · · · · · · · · · · · · · · · · · · · · · · · · · · · : · · · · · · . · . . · .... ....... . ... .... . ..... . .. .. .. 111 ·=· 20'-0"

......... ; . ... . .. . ,- .. ; ...... ; ... ; . ; . .. ; . ; ........... . : .............. :. .... ..... . .. .

• .. • ... .. • .. .. ,. ... .. ..... .... .......... . . : · •. • •.• - . - .· : .. ........ .. ..... ....... .. ........ . . .... ! ....... .. . ...... .

• • • • • • • • • • • • • • • • • • .. • • • • • • • .. • • • .. • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • · • • .;. • t t • • • • • • .. • • , ~

.. • • • - • • .. .. • • • • ... • • • •. • • • • • . • • • • : • • .. • • .. • • • • .. • .. • • • .. • • • • ' • ! • • • • • • • • ~ . .. . • ._ ~ • .. • • ... •

; .... ..................... . .. . ... ..... .. . .... .... .. .... .. .............. . .. .. ; ... ........ . .. .. . ... • • • • • • • .. • • • • • • .. .... ... . ... .. ; • ' . .. . . ..... . .. .._ •• • • - .......... ·· t ........ ... ........ .. .

It is h~re~y declared that the a.bove-describ~d boundaries, entrances and planned operation as indiGated on the rev~rs~ .sid~, will not be ch~nged wit.bout. first notifying and securing pf ior written approval of the Department of Alcpqolic Beverage Control. I dec1ar~ under penalty of perjury_ that .the-foregoing is 'true and correct.

APPLICANT·SIGNATURE (Only one signature re(P.red] DATE SIGNED

FOR ABC USE ONLY CERTlf IED CORRECT (Signature) PRIN.TEO NAME INSPECTION DATE

ABC-257 {5/05)

EXHIBIT ______ _

AHO-22

. ~T/1, ~PIZZA~

COMPANY

ALCOHOL OPERATIONS & TRAINING PLAN

1. ALL STAFF /I.JILL RECEIVE TRAINING TO ENSURE COMPLIANCE /IJITH THE STATE'S ALCOHOL BEVERAGE CONTROL ACT. ALL MANAGEMENT AND STAFF THAT /I.JILL BE PERSONALLY ENGAGED IN THE SALE AND SERVICE OF ACHOLIC BEVERAGES /I.JILL COMPLETE THE L.E.A.D. CERTIFIED TRAINING PROGRAM IN RESPONSIBLE METHODS AND SKILLS FOR SELLING AND SERVING ALCOHOLIC BEVERAGES /IJITHIN 180 DAYS OF THE ISSUANCE OF THE USE PERMIT.

2. ALL STAFF /I.JILL RECEIVE TRAINING ON HO/IJ TO TAKE SAFE AND REASONABLE STEPS TO DISCOURAGE AND CORRECT ANY OBJECTIONABLE CONDITION THAT CONSTITUTES A NUISANCE.

3. ALL TRASH. LITTER. AND DEBRIS /I.JILL BE QUICKLY REMOVED FROM /IJITHIN 20 FEET SURRROUNDING THE PREMISES. ANY AND ALL GRAFFITI /I.JILL BE REMOVED /IJITHIN 48 HOURS FROM /IJHEN IT IS DISCOVERED.

5. MANAGEMENT /I.JILL POST AND MAINTAIN ALL SIGNS REQUIRED BY THE ALCOHOLIC BEVERAGE CONTROL ACT AND POST SIGNS IN CONSPICUOUS PLACES INDICATING. "ID REQUIRED IF YOU APPEAR UNDER AGE 30."

5. MANAGEMENT AND STAFF /I.JILL RECEIVE TRAINING ON HO/IJ TO PREVENT EXCESSIVE ALCOHOL CONSUMPTION.

6. ALL GUESTS THAT ORDER ALCOHOLIC BEVERAGES /I.JILL BE ASKED TO PRESENT A VALID I.D. TO ENSURE THEY ARE AT LEAST 21 YEARS OLD.

?. MANAGEMENT AND STAFF /I.JILL FOLLO/IJ THE RESPONSIVE RETAILERS PROGRAM OF THE VENTURA POLICE DEPARTMENT.

8. FOOD /I.JILL BE AVAILABLE FOR SALE AT ALL BUSINESS HOURS. AT NO TIME /I.JILL ALCOHOL BE OFFERED /IJITHOUT FOOD .BEING OFFERED AS /I.JELL. NATIVE PIZZA CO. /I.JILL NOT HAVE REDUCED OR DISCOUNTED PRICES ON ANY OF IT'S ALCOHOLIC BEVERAGES.

9. MANAGEMENT AND STAFF /I.JILL PROMOTE THE DESIGNATED DRIVER PROGRAM AND STRONGLY ENCOURAGES THE USE OF TAXI/UBER AAFTER CONSUMPTION OF ALCOHOL IF TRANSPORTED IS NEEDED. IF PATRON REFUSES ATTEMPTS TO PROVIDE A SAFE RIDE. ASSISTANCE FROM LOCAL LA/IJ ENFORCEMENT /I.JILL BE REQUESTED.

10. EMPLOYEES MAY NOT AT ANY TIME CONSUME ALCOHOL DURING THEIR SHIFT. /IJE /I.JILL MAINTAIN A ZERO TOLLERANCE POLICYFOR THE USE OR SALE OF ILLICIT DRUGS. STAFF /I.JILL NOTIFY MANAGEMENTAND LA/IJ ENFORCEMENT AS REQUIRED.

11. AT ALL TIMES. A SHIFT MANAGER SHALL BE RESPONSIBLE FOR OBSERVING THE STAFF AND PATRONS. AS /I.JELL AS ENSURING THAT THESE POLICIES ARE ENFORCED. MANAGEMENT AND STAFF /I.JILL DO EVERYTHING IN ITS PO/IJER TO ENSURE A PLEASURABLE AND SAFE DINING EXPERIENCE FOR ALL ITS GUESTS AND IT /I.JILL STRIVE TO MAKE NATIVE A BENEFICIAL BUSINESS TO THE CITY OF VENTURA.

EXH1BIT-iia6:o:=-----

AHO-23

EMPLOYEE RESPONSIBILITY STATEMENT

PLEASE REAi} ANI} SIBAi:

I UNDERSTAND THAT OUR BUSINESS IS DEDICATED TO THE SAFE AND RESPONSIBLE SALE AND SERVICE OF ALCOHOL.

I UILL NOT KNOUINGLY SERVE ALCOHOL TO AN UNDERAGE OR OBVIOUSLY INTOXIVCATED PERSON.

I UILL REPORT ANY SIGNS OF ILLEGAL DRUG ACTIVITY TO MANAGEMENT.

I HAVE READ AND UNDERSTAND OUR POLICIES. I UNDERSTAND THAT IF I FOLL0/4 THESE POLICIES, MANAGEMENT UILL FULLY SUPPORT MY DECISIONS. I ALSO RECOGNIZE THAT MY FAILURE TO FOLL0/4 THESE POLICIES MAY RESULT IN JOB PROBATION, SUSPENSION, LOSS OF HOURS, OR TERMINATION FROM THIS EMPLOYMENT.

EMPLOYEE SIGNATURE DATE

AHO-24

State of California

DRINK CHART GUIDE

YOUR WEIGHT

90 to 109

11 Oto 129

130 to 149

150 to 169

170 to 189

190 to 209

21 Oto 229

230 & up

Department of Alcoholic Beverage Control

NUMBER OF DRINKS (over a two hour period) 1 1 /4 ozs. 80 proof liquor, 12 oz. can of beer or 4 ozs. of wine

1

1

1

1

1

1

1

1

D (.01%-.04%) May be DUI

(.05%-.07%) Likely DUI

(.08%-UP) Definitely DUI

ABC-624 (4/91)

AHO-25

State of California Department of Alcoholic Beverage Control

SIGNS OF INTOXICATION

Inhibitions Become Relaxed

(1) Overly friendly (2) Loud (3) Changing volume of speech (4) Drinking alone (5) Annoying others (6) Using foul language (7) Drinking more or faster than usual

Judgment is Impaired

(1) Complaints about strength of drink (2) Changing consumption rate (3) Ordering doubles (4) Argumentative (e.g., low-key altercations, confrontations, or heated arguments) (5) Careless with money (6) Buying rounds for strangers (7) Irrational statements (8) Belligerent (9) Lighting more than one cigarette (10) Loss of train of thought

Reactions are Affected

(1) Slurred speech (2) Slow and deliberate movement (3) Decreased alertness (4) Quick, slow, or fluctuating pace of speech

Loss of Coordination ( muscle control)

(1) Fumbling with money (2) Spilling drink (3) . Cannot find mouth with drink (4) Unable to sit straight on chair or barstool (5) Swaying, drowsy (6) Stumbling (7) Bumps into things (8) Falling (9) Unable to light cigarette

Physical Appearance

(1) Red, watery eyes (2) Disheveled clothing (3) Sweating (4) Smell of an alcoholic beverage on person (5) Droopy eyelids (6) Lack of eye focus (7) Flushed face

ABC-637 (1 /99)

AHO-26

May be OYetly lalka!Ne, opinionated and inlemlpls, may stumble OYer words becoming loud, Inappropriate language, jokes, oomments.

Slowed 0( delayed reactions, swagger 0(

oa:aslonal s1aggers 0( sways.

Vacant 0( blank expression. smel of alalhol on breath, may look untidy.

Over friendly or witlmwn, Inappropriate OI risky actions, arp,entative, annoying, fadlng attention, lnaeased conSllllption rate.

.... health promotion ¥'agency