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HomeMy WebLinkAboutAG RPTS 2018 1023 PC REG oI`4o9pso�C t ►/y/yd r p 4- _ et7 Resolution No. PC-2018-633 0/ 94rF, Jo- PLANNING COMMISSION REGULAR MEETING AGENDA OCTOBER 23, 2018 7:00 P.M. Moorpark Community Center 799 Moorpark Avenue 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: 5. PUBLIC COMMENT: 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON MEETINGS/CONFERENCES ATTENDED BY THE COMMISSION: 8. PUBLIC HEARINGS: (next Resolution No. PC-2018-633) A. Consider a Resolution Recommending to the City Council Approval of General Plan Amendment No. 2013-02, Zone Change No. 2013-02, Residential Planned Development Permit No. 2013-01, and Development Agreement No. 2013-01, and Adoption of a Mitigated Negative Declaration Under CEQA in Connection Therewith, for a 390-unit Senior Community on 49.52 Acres North of Casey Road and West of Walnut Canyon Road, on the Application of Ernie Mansi for Aldersgate Investment, LLC. Staff Recommendation: 1) Continue to accept public testimony and continue the agenda item with the public hearing open to the regular Planning Commission meeting of November 27, 2018. (Staff: Joseph Fiss) All writings and documents provided to the majority of the Commission regarding all agenda items are available for public inspection at the City Hall public counter located at 799 Moorpark Avenue during regular business hours. The agenda packet for all regular Commission meetings is also available on the City's website at www.moorparkca.gov. Any member of the public may address the Commission during the Public Comments portion of the Agenda, unless it is a Public Hearing or a Discussion item. Speakers who wish to address the Commission concerning a Public Hearing or Discussion item must do so during the Public Hearing or Discussion portion of the Agenda for that item. Speaker cards must be received by the Secretary for Public Comment prior to the beginning of the Public Comments portion of the meeting; for a Discussion item, prior to the Chair's call for speaker cards for each Discussion agenda item; and for a Public Hearing item, prior to the opening of each Public Hearing, or beginning of public testimony for a continued hearing. A limitation of three minutes shall be imposed upon each Public Comment and Discussion item speaker. A limitation of three to five minutes shall be imposed upon each Public Hearing item speaker. Written Statement Cards may be submitted in lieu of speaking orally for open Public Hearings and Discussion items. Any questions concerning any agenda item may be directed to the Community Development/Planning office at 517-6233. Regular Planning Commission Meeting Agenda October 23, 2018 Page 2 B. Consider Resolution Approving Conditional Use Permit (CUP) No. 2018-02, to Allow an Automobile Dealership with Light Repair Services at 13816 Princeton Avenue, and Making a Determination of Exemption Under CEQA in Connection Therewith, on the Application of Mir Rafiq. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC-2018- approving Conditional Use Permit No. 2018-02 with conditions of approval and making a determination of exemption under CEQA in connection therewith. (Staff: Joseph Fiss) 9. DISCUSSION ITEMS: 10. CONSENT CALENDAR: A. Consider Approval of the Regular Meeting Minutes of August 28, 2018. Staff Recommendation: Approve the minutes. B. Consider Approval of the Regular Meeting Minutes of September 25, 2018. Staff Recommendation: Approve the minutes. 11. ADJOURNMENT: Posted: October 19, 2018. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, including auxiliary aids or services, please contact the Community Development Department at (805) 517-6233. Upon request, the agenda can be made available in appropriate alternative formats to persons with a disability. Any request for disability-related modification or accommodation should be made at least 48 hours prior to the scheduled meeting to assist the City staff in assuring reasonable arrangements can be made to provide accessibility to the meeting (28 CFR 35.102-35.104;ADA Title II). STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss CITY OF MOORPARK ) AFFIDAVIT OF POSTING AGENDA I, Joyce R. Figueroa, declare as follows: That I am the Administrative Assistant II of the City of Moorpark and that an agenda of the Regular Meeting of the Moorpark Planning Commission to be held on Tuesday, October 23, 2018, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on October 19, 2018, at a conspicuous place at the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California. I declare under penalty of perjury that the foregoing is true and correct. Executed on October 19, 2018. II i to, . dt Wall_ Jac R. Figueroa, Administrative Assistant II O �O � Z Astallit -iwaiorlw. 4o9allee Fo �J� NOTICE OF CONTINUANCE OF OPEN PUBLIC HEARING Duly noticed public hearing regarding: Consider a Resolution Recommending to the City Council Approval of General Plan Amendment No. 2013-02, Zone Change No. 2013-02, Residential Planned Development Permit No. 2013-01, and Development Agreement No. 2013-01, and Adoption of a Mitigated Negative Declaration Under CEQA in Connection Therewith, for a 390-unit Senior Community on 49.52 Acres North of Casey Road and West of Walnut Canyon Road, on the Application of Ernie Mansi for Aldersgate Investment, LLC. was held at a regular meeting on September 25, 2018, at which time the Planning Commission continued the open public hearing to a Regular Planning Commission meeting to be held at 7:00 p.m. on October 23, 2018, in the Community Center located at 799 Moorpark Avenue, Moorpark, California. Due to the lack of quorum, this item will be continued with public hearing open to the November 27, 2018 regular Planning Commission meeting. Posted: October 24, 2018. c� . 1. l Lf_VC�IL Jo a R. Figueroa, Administrative Assistant II STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss CITY OF MOORPARK AFFIDAVIT OF POSTING I, Joyce R. Figueroa, declare as follows: That I am the Secretary to the Planning Commission of the City of Moorpark and that a Notice of Continuance of Open Public Hearing regarding: Consider a Resolution Recommending to the City Council Approval of General Plan Amendment No. 2013-02, Zone Change No. 2013-02, Residential Planned Development Permit No. 2013-01, and Development Agreement No. 2013-01, and Adoption of a Mitigated Negative Declaration Under CEQA in Connection Therewith, for a 390-unit Senior Community on 49.52 Acres North of Casey Road and West of Walnut Canyon Road, on the Application of Ernie Mansi for Aldersgate Investment, LLC. continued from September 26, 2018, to October 23, 2018, and due to the lack of quorum, the Planning Commission continued the open public hearing to a Regular Planning Commission meeting to be held at 7:00 p.m. on November 27, 2018, was posted on October 24, 2018, at a conspicuous location near the place of the meeting: Moorpark Community Center 799 Moorpark Avenue Moorpark, California I declare under penalty of perjury that the foregoing is true and correct. Executed on October 24, 2018. Joylce R. Figueroa, Administrative Assistant II ITEM 8.A. MOORPARK,CALIFORNIA Planning Commission of V`,-2.3-2(',1L ACTION: 1, u r 1 y a AI �hi.5 ift'jn rAn-bili 'r4 hihlrcrin9 (loci -In Ii- 27-2(12 equfru Fr.rnodirg. BY: Cr .41j n Thi. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Joseph Fiss, Planning Manager DATE: 10/23/2018 (Continued from 9/25/2018) SUBJECT: Consider a Resolution Recommending to the City Council Approval of General Plan Amendment No. 2013-02, Zone Change No. 2013-02, Residential Planned Development Permit No. 2013-01, and Development Agreement No. 2013-01, and Adoption of a Mitigated Negative Development Under CEQA in Connection Therewith, for a 390-unit Senior Community on 49.52 Acres North of Casey Road and West of Walnut Canyon Road, on the Application of Ernie Mansi for Aldersgate Investment, LLC DISCUSSION On September 25, 2018, the Planning Commission opened the public hearing on this item and continued this item with the public hearing still open to October 23, 2018 at the request of staff. There was no staff presentation, however, two neighbors spoke expressing concerns with the project design. Staff is not ready to present this item yet and is requesting an additional continuance of the public hearing to November 27, 2018 with the public hearing still open. STAFF RECOMMENDATION Continue to accept public testimony and continue the agenda item with the public hearing open to the regular Planning Commission meeting of November 27, 2018. 1 ITEM 8.B. MOORPARK,CALIFORNIA Planning Commission of ID-2 -2O1Fri ACTION:ApPrrvvri ,Sfriff ReCainmvnr}r tfm 11)tit bhpnr its'Prr mrd th7 Pr , Jnrit,ri n9 ArMrJrtlrn tAzfnll BY: -. r011PYci. PC-MR-4,32) MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Joseph Fiss, Planning Manager DATE: 10/23/2018 SUBJECT: Consider Resolution Approving Conditional Use Permit (CUP) No. 2018-02, to Allow an Automobile Sales Dealership with Light Repair Services at 13816 Princeton Avenue, and Making a Determination of Exemption Under CEQA in Connection Therewith, on the Application of Mir Rafiq. BACKGROUND On August 13, 2018, Mir Rafiq submitted an application for Conditional Use Permit (CUP) No. 2018-02 to allow the conversion of a vacant 2,186 square-foot building and parking lot into an automobile sales dealership with light repair services at 13816 Princeton Avenue. DISCUSSION Project Setting Existing Site Conditions: The lot is approximately 17,150 square-feet and is located on the south side of Princeton Avenue east of Spring Road. The building has historically been occupied by a restaurant. Previous Applications: On April 20, 1966, the Board of Zoning Adjustment of Ventura County approved Planned Development No. 546, for the construction of an 800 square-foot drive-in restaurant building. 2 On September 15, 1971, the Board of Zoning Adjustment of Ventura County approved Planned Development No. 654, for the construction of a 720 square-foot addition for an enclosed eating area, which was previously approved as a drive-in. On May 8, 2013, the Community Development Director approved Administrative Permit No. 2013-05 to allow beer, wine, and liquor for onsite consumption, and live entertainment at a restaurant. General Plan and Zoning: GENERAL PLAN/ZONING Direction General Plan Zoning Land Use General Commercial Commercial Planned Site Commercial (C-2) Development (CPD) Residential Planned Very High Density Condominium North Development 15 Units Residential (VH) Homes Per Acre (RPD 15U) Metrolink/Amtrak South Light Industrial (1-1) Industrial Park (M-1) Tracks General Commercial Commercial Planned East Industrial (C-2) Development (CPD) Old Town Commercial Commercial Planned Automotive Repair West (C-OT) Development (CPD) Center General Plan and Zoning Consistency: The General Commercial (C-2) General Plan land use designation for the property is intended to provide for a wide range of commercial activities. The Zoning Ordinance requires Planning Commission approval of a Conditional Use Permit for automobile sales and light repair services in the Commercial Planned Development (CPD) Zone. This allows for consideration of the compatibility of the proposed use with surrounding uses in making findings on the application, and adoption of conditions of approval as deemed necessary. Parking: The Moorpark Municipal Code requires 1 parking space per 300 square feet of display or office area plus 1 space per service bay. The applicant has requested to use seven (7) parking spaces for the purpose of displaying sales vehicles. Using the code standard of 9 feet by 20 feet for a parking space, the 7 display spaces would require 4 parking spaces ((9x20x7)/300). However, by maintaining the 25 parking spaces on site, the applicant can use up to 12 display spaces and still be within the parking requirements, as shown below. This is discussed in detail in the analysis section below. 3 Parking Requirements: Total Parking Square-Footage Minimum Parking Uses Spaces Required of Building Required and Provided Proposed Automotive Display 1, 187 1 space/300 sq. ft. 3.96 (4) or Office Area Proposed Outdoor Display 2,160 (9x20x12) 1 space/300 sq. ft. 7.2 (7) Area (assuming 12 display spaces) Automotive Service 2 Bays 1 space per service bay 2 Bays/interior display spaces Total Parking Spaces 13 Spaces Required: Property Maintenance: The applicant is not proposing any changes to the overall architecture or design of the building. The Conditional Use Permit is limited to the use of the building, and not architectural design. Therefore, conditions of approval have been limited to property maintenance matters. Due to the age of the building and site, there has been much deferred maintenance. As a result of the change in use, the applicant will be required to upgrade the site. Conditions of approval have been added regarding upgrading parking and landscaping, as well as upgrading the trash enclosure and removing any unused roof vents, to the satisfaction of the Community Development Director. Conditions of approval have also been added regarding upgrading of the driveways, curb, gutter, and parkway, which are in poor condition, subject to the satisfaction of the City Engineer/Public Works Director. ANALYSIS Issues Staff has identified compatibility with surrounding uses and parking as issues for this proposed use. Land Use Compatibility: A Conditional Use Permit is required prior to initiation of uses in a given zone where review by the Planning Commission through a public hearing process is required to determine if the proposed use complies with certain code required findings. A Conditional Use Permit is not allowed as a matter of right, but is subject to site plan and architectural review and may be approved, conditionally approved, or denied. Prior to making a decision, the Planning Commission must adopt written findings based upon substantial evidence in view of the whole record to justify the decision. By adopting condition of approval to alleviate potential impacts, the Planning Commission is able to determine whether or not the use is compatible with surrounding uses. 4 There are no concerns with impacts to the land uses to the east, west, and south. To the north exists a condominium complex whose residents could be impacted if the appropriate conditions of approval are not attached to the project. Conditions of approval have been included to preclude outdoor storage and repair work. Noise, lighting, signs, and visual impacts are also addressed in the conditions of approval. Parking: As mentioned above, the Moorpark Municipal Code requires 1 parking space per 300 square feet of display or office area plus 1 space per service bay. The City assumes 180 square feet per parking space, resulting in .6 required parking spaces per display space. In order to comply with accessibility, circulation, and landscaping requirements, some restriping of the parking lot will be required. As a result, parking spaces may be lost or gained. If the applicant is able to maintain 25 parking spaces, up to 12 spaces can be used for vehicle display and the project still be within the parking requirements, by maintaining 13 spaces for parking. If parking spaces are lost as a result of restriping, the available vehicle display spaces will be required to be reduced proportionally. A condition of approval to this effect has been included. Findings: 1. The proposed use is consistent with the provisions of the City's General Plan, Zoning Ordinance, and other applicable regulations as conditioned in that the land is planned and zoned for general commercial uses of the intensity proposed and sufficient parking is available. 2. The proposed use is compatible with both existing and permitted land uses in the surrounding area, in that the automobile sales and service is complementary to the uses on the south side of Princeton Avenue, and conditions of approval have been added to mitigate impacts to the residential uses on the north side of Princeton Avenue. 3. The proposed use is compatible with the scale, visual character, and design of surrounding properties, in that the use requires minimal modification to the exterior of the existing building. 4. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or uses in that conditions of approval have been added to control lighting, noise, and other impacts. 5 5. The proposed use would not be detrimental to the public interest, health, safety, convenience, or welfare, in that conditions of approval have been added to improve the driveways, circulation, and access. PROCESSING TIME LIMITS Time limits have been established for the processing of development projects under the Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the Subdivision Map Act (Government Code Title 7, Division 2), and the California Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13, and California Code of Regulations, Title 14, Chapter 3). Under the applicable provisions of these regulations, the following timelines have been established for action on this project: Date Application Determined Complete: September 14, 2018 Planning Commission Action Deadline: December 13, 2018 Upon agreement by the City and Applicant, one 90-day extension can be granted to the date action must be taken on the application. ENVIRONMENTAL DETERMINATION In accordance with the City's environmental review procedures adopted by resolution, the Community Development Director determines the level of review necessary for a project to comply with the California Environmental Quality Act (CEQA). Some projects may be exempt from review based upon a specific category listed in CEQA. Other projects may be exempt under a general rule that environmental review is not necessary where it can be determined that there would be no possibility of significant effect upon the environment. A project which does not qualify for an exemption requires the preparation of an Initial Study to assess the level of potential environmental impacts. Based upon the results of an Initial Study, the Director may determine that a project will not have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient environmental documentation. If the Director determines that a project has the potential for significant adverse impacts and adequate mitigation cannot be readily identified, an Environmental Impact Report (EIR) is prepared. The Director has reviewed this project and found it to Categorically Exempt in accordance with Section 15301 (Class 1, Existing Facilities) of California Code of Regulations (CEQA Guidelines) in that this permit involves the re-use of an existing building with appropriate access, parking and circulation for this proposal. No further environmental documentation is required. 6 NOTICING Public Notice for this meeting was given consistent with Chapter 17.44.070 of the Zoning Ordinance as follows: 1. Publication. The notice of the public hearing was published in the Ventura County Star on October 14, 2018. 2. Mailing. The notice of the public hearing was mailed on October 10, 2018, to owners of real property, as identified on the latest adjusted Ventura County Tax Assessor Roles, within one-thousand (1,000) feet of the exterior boundaries of the assessor's parcel(s) subject to the hearing. 3. Sign. One 32 square-foot sign was placed on the High Street frontage by October 12, 2018. STAFF RECOMMENDATION 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC-2018- approving Conditional Use Permit No. 2018-02 with conditions of approval and making a determination of exemption under CEQA in connection therewith. ATTACHMENTS: 1. Location Map 2. Aerial Photograph 3. Project Plans 4. Draft PC Resolution with Conditions of Approval 7 0 i :c Fill CP > Q a p v jai C CD . C 04 c o t) m C3 a a > V 0 V ra aJ I; d E 0 C.) u -a > o ev Q • a, N I a, N U a C z0zF- 0. Q a 0 E r m � 0 4) V cl d K > ; V f6 R y C m O rn rOD ram O c COU G C o u6a C.) 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PC-2018- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2018-02 TO ALLOW AN AUTOMOBILE SALES DEALERSHIP WITH LIGHT REPAIR SERVICES AT 13816 PRINCETON AVENUE, AND MAKING A DETERMINATION OF EXEMPTION UNDER CEQA IN CONNECTION THEREWITH, ON THE APPLICATION OF MIR RAFIQ WHEREAS, on August 13, 2018, an application for Conditional Use Permit (CUP) No. 2018-02 was filed by Mir Rafiq (Hi-Tech Auto) to allow automobile sales and service with an approximately 2,186 square-foot office and service building on a 0.39 acre lot at 13816 Princeton Avenue; and WHEREAS, at a duly noticed public hearing on October 23, 2018, the Planning Commission considered CUP No. 2018-02; and WHEREAS, at its meeting of October 23, 2018 the Planning Commission considered the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal; closed the public hearing and reached a decision on this matter; and WHEREAS, the Community Development Director has determined that proposed Conditional Use Permit (CUP) No. 2017-02 is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Class 1 Categorical Exemption: Existing Facilities) of the CEQA Guidelines in that this permit involves the re-use of an existing building with appropriate access, parking and circulation for this proposal, and the use is consistent with the applicable general plan designation and all applicable general plan policies and applicable zoning designation and regulations. In addition, there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTATION: The Planning Commission concurs with the Community Development Director's determination that proposed Conditional Use Permit (CUP) No. 2018-02 is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Class 1 Categorical Exemption: Existing Facilities) of the CEQA Guidelines in that this permit involves the re-use of an existing building with appropriate access, parking and circulation for this proposal, and the use is consistent with the applicable general plan designation and all applicable general plan policies and applicable zoning designation PC ATTACHMENT 4 14 and regulations. In addition, there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission has reviewed the Community Development Director's determination of exemption, and based on its own independent analysis and judgment, concurs with the determination of exemption. SECTION 2. CONDITIONAL USE PERMIT FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the Planning Commission makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.040: 1. The proposed use is consistent with the provisions of the City's General Plan, Zoning Ordinance, and other applicable regulations as conditioned in that the land is planned and zoned for general commercial uses of the intensity proposed and sufficient parking is available. 2. The proposed use is compatible with both existing and permitted land uses in the surrounding area, in that the automobile sales and service is complementary to the uses on the south side of Princeton Avenue, and conditions of approval have been added to mitigate impacts to the residential uses on the north side of Princeton Avenue. 3. The proposed use is compatible with the scale, visual character, and design of surrounding properties, in that the use requires minimal modification to the exterior of the existing building. 4. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or uses in that conditions of approval have been added to control lighting, noise, and other impacts. 5. The proposed use would not be detrimental to the public interest, health, safety, convenience, or welfare, in that conditions of approval have been added to improve the driveways, circulation, and access. SECTION 3. PLANNING COMMISSION APPROVAL: the Planning Commission herby approves Conditional Use Permit No. 2018-02 subject to the Standard and Special Conditions of Approval found in Exhibit A attached. 15 SECTION 4. FILING OF RESOLUTION: The Community Development Director shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: NOES: ABSTAIN: ABSENT: PASSED, AND ADOPTED this Bruce A. Hamous, Chair David A. Bobardt, Community Development Director Exhibit A — Standard and Special Conditions of Approval 16 EXHIBIT A STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT (CUP) No. 2018-01 Standard Condition The applicant shall comply with Standard Conditions of Approval for Conditional Use Permits as adopted by City Council Resolution No. 2009-2799 (Exhibit B), except as modified by the following Special Conditions of Approval. In the event of conflict between a Standard and Special Condition of Approval, the Special Condition shall apply. Special Conditions 1. The applicant's acceptance of this permit and/or commencement of construction and/or operations under this permit is deemed to be acceptance of all conditions of this permit. 2. The Conditions of Approval of this permit, City of Moorpark Municipal Code and adopted city policies at the time of the permit approval supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on plans. 3. Conditions of this entitlement may not be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. 4. The applicant shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning the permit, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37. The City will promptly notify the applicant of any such claim, action or proceeding, and if the City should fail to do so or should fail to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. a. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding, if both of the following occur: The City bears its own attorney fees and costs; and ii. The City defends the claim, action or proceeding in good faith. 17 b. The applicant shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the applicant. The applicant's obligations under this condition shall apply regardless of whether a building permit is ultimately obtained, or final occupancy is ultimately granted with respect to the permit. 5. If any of the conditions or limitations of this approval are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 6. The development must be in substantial conformance with the plans presented in conjunction with the application for Conditional Use Permit No. 2018-02, except any modifications as may be required to meet specific Code standards or other conditions stipulated herein. Any future changes to the parking or vehicle storage layout shall require review and approval by the Community Development Director. 7. The City of Moorpark reserves the right to modify, suspend or revoke for cause this conditional use permit consistent with Chapter 17.44 of the Moorpark Municipal Code or as may be amended in the future. 8. Conditional Use Permit No. 2018-02 may be revoked or its use suspended by the City, if any of the causes listed in Section 17.44.080.B of the Zoning Code are found to apply, including if the use for which the permit was granted has not been exercised for at least twelve (12) consecutive months, has ceased to exist, or has been abandoned. The discontinuance for a period of one hundred eighty (180) or more days of a nonconforming use or a change of nonconforming use to a conforming use constitutes abandonment and termination of the nonconforming status of the use. 9. Prior to issuance of Zoning Clearance for occupancy, both driveways must be removed and reconstructed to the satisfaction of the City Engineer/Public Works Director. 10. Prior to issuance of Zoning Clearance for occupancy, broken curb and gutter must be removed and replaced to the satisfaction of the City Engineer/Public Works Director 11. A separate sign permit application must be submitted for all proposed signs, for the review and approval of the Community Development Director prior to issuance of a building permit for a sign. Flags, banners, balloons, pennants, and handheld signs not otherwise permitted by code are expressly prohibited. 12. Outside speakers and amplified sound are prohibited at all times. 18 13. All outdoor lighting must comply with Chapter 17.30 of the Moorpark Municipal Code (Lighting Regulations). 14. Prior to issuance of Zoning Clearance for occupancy, the trash enclosure must be rehabilitated subject to the review and approval of the Community Development Director. 15. Prior to issuance of Zoning Clearance for occupancy, all unused roof vents must be removed from the building, subject to the review and approval of the Community Development Director. 16. A parking, landscaping, and irrigation plan subject to review and approval of the Community Development Director and Parks, Recreation, and Community Services Director must be submitted. Landscaping must include removal of concrete from parkway and replacement with acceptable landscaping, including replacement of deteriorated meter box. All site improvements must be completed prior to final occupancy. 17. Approval of a Zoning Clearance is required prior to the issuance of plan check, building and occupancy permits. All other permit and fee requirements shall be met and property maintenance violations at the shopping center shall be abated prior to occupancy to the satisfaction of the Community Development Director 18. All exterior areas of the site, including parking areas under use by the facility, shall be maintained free of litter and debris at all times. 19. The applicant and his/her successors, heirs, and assigns must maintain solid waste service as required by Chapter 8-36 of the Moorpark Municipal Code using a franchised waste hauler approved by the City of Moorpark, unless otherwise approved in writing by the Solid Waste Division as authorized by Chapter 8-36 of the Moorpark Municipal Code. 20. No outdoor storage is allowed under this approval. Any request for outdoor storage is subject to the application requirements in place at the time of such request. 21. All exterior areas of the site, including parking areas under use by the facility, shall be maintained free of litter and debris at all times. 22. Hours of operation shall be no earlier than 7:00 a.m. and no later than 7:00 p.m. Monday through Saturday. The Community Development Director shall have the authority to restrict hours of operation through a Permit Adjustment when in his/her opinion limits on hours of operations are necessary to maintain compatibility with adjacent uses. 19 23. No outdoor repair or maintenance, including washing, cleaning, or detailing of vehicles is allowed under this permit. All mechanical equipment (e.g. air compressors) must also be kept inside service bays. 24. No heavy service or repair such as auto body shop, painting, engine rebuilding, transmission repair, steam cleaning and other heavy services are allowed. 25. Vehicles brought in for service may only be parked within the parking spaces designated for this building during open hours of operation and may not be parked in driveway, street, or in the alley. All vehicles left overnight and on weekends (outside business hours), both operative and inoperative, must be parked inside the service bays. -End- 20 MOORPARK,CALIFORNIA Planning Commission of to-2?- 2()1f3 ITEM 10.A. ACTION: ApPrO v zri k5iniT PI -ptrrnwrvinfitn BY: MINU I t5 uFTHE PLANNING COMMISSION Moorpark, California August 28, 2018 A Regular Meeting of the Planning Commission of the City of Moorpark was held on August 28, 2018, in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Chair Hamous called the meeting to order at 7:09 p.m. 2. PLEDGE OF ALLEGIANCE: David Bobardt, Community Development Director, led the Pledge of Allegiance. 3. ROLL CALL: Present: Chair Hamous, Vice Chair Aquino, Commissioner Di Cecco, and Commissioner Landis. Absent: Commissioner Haverstock. Staff Present: David Bobardt, Community Development Director; Brian Chong, Assistant to the City Manager; Joseph Fiss, Planning Manager; and Joyce Figueroa, Administrative Assistant II. 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: None. 5. PUBLIC COMMENT: None. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: CONSENSUS: It was the unanimous consensus to hear Public Hearing Item 8.B. prior to Item 8.A. upon the request of Chair Hamous. 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON MEETINGS/CONFERENCES ATTENDED BY THE COMMISSION: None. 21 AT THIS POINT in the meeting Item 8.B. was heard. 8. PUBLIC HEARINGS: (next Resolution No. PC-2018-630) B. Consider a Resolution Recommending Approval to the City Council of Vesting Tentative Tract Map No. 5437 and a One-Year Extension of Residential Planned Development 2004-05 for 21 Residential Lots and 1 Open Space Lot on Approximately 42.4 Acres on the East Side of Walnut Canyon Road at Championship Drive, on the Application of Birdsall Group, LLC. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC-2018- recommending to the City Council conditional approval of Vesting Tentative Tract Map No. and a one year extension to Residential Planned Development 2004-05. (Staff: Joseph Fiss) Mr. Fiss gave the staff report. A discussion followed among the Commission and staff, which focused on: 1) Emergency gate shall be used for left turn lane egress; and 2) construction traffic. Chair Hamous opened the Public Hearing. John Newton, applicant's representative for Birdsall Group, LLC, discussed the project and stated this is a renewal of what was originally approved in the past, there are no changes proposed and creating the extensions and renewals under the Development Agreement are so that the entitlements continue to be active. Mr. Newton responded to Commission questions concerning: 1) egress safety issues; and 2) construction access. Mr. Newton stated the fire department is requiring a full second access to improve Marine View Drive as some additional standards such as the automatic gate. It is not to be used unless it is emergency-secondary. The condition indicates that the gating system and requirements for full second access are to be approved by the fire department. The City has asked and the applicant has agreed to have construction access using Marine View Drive and they do not intend to impact the Pinnacle neighborhood with the construction activity. A discussion followed among the Commission and Mr. Newton regarding: 1) Did Pinnacle residents have notice of the density; 2) What year was the change to higher density for the 21 homes approved; 3) What year did Pinnacle take over the project; 4) Safety issues regarding egress and construction traffic; 5) When will construction begin; and 6) Will lot sizes and range of square-footage of homes be compatible with the Pinnacle homes. 22 Ellis Kaufman, President, Pinnacle at Moorpark Highlands Home Owners Association, spoke in opposition of the project and concerns regarding: 1) Negative impact with vehicle traffic and number of construction workers' vehicles; 2) Years of construction activity; 3) Potential home buyers viewing vacant lots; and 4) Earth moving, lot preparation and infrastructure of a new community. A discussion followed among the Commission and Mr. Kaufman regarding: whether he received notification of the subdivision of the 21 homes when he purchased his property. Mr. Kaufman stated he was given notification and has documentation regarding the subdivision of the 21 homes. Mr. Kaufman also stated that he has not been contacted by any developer or been informed about the easement for Lot 11 and the Home Owners Association attorney found that the easement was never recorded and is not legal. In response to Commissioner Landis, Mr. Fiss stated the easement was recorded approximately two to three weeks ago and have received confirmation. The easement has been on the map and was part of the Development Agreement and the agreement with the previous developer, with Pardee Homes. The actual recorded document occurred a few weeks ago. Mr. Bobardt stated that the easement is on the original map for the Moorpark Highlands project. It should have been recorded earlier and worked out with the property owners when Pardee Homes still owned the property. Pardee Homes passed it on to Toll Brothers and Toll Brothers sold the house that has the easement without having the easement on that property so they had to buy that easement back from the property owner in order to fulfill the condition on their project. The original Moorpark Highlands project had a condition to provide the access easement to the property before the property was subdivided the easement was required. The aerial photograph displays an undeveloped dirt strip that is reserved for access and was included on the Pinnacle maps. The easement recordation of it did not occur. John Johans, Pinnacle Resident, spoke in opposition of the project and concerns regarding sharing a single-gated entrance off of Ridgecrest Drive. Mr. Johans stated Toll Brothers sales material did not show an easement in the Toll Brothers sales documentation and lot maps of the area. To date no cost sharing agreement for the Pinnacles private gates and streets have been discussed, agreed to and recorded. Leon S. Gottlich, Pinnacle Resident, spoke in opposition of the project. 23 Mr. Newton stepped forward to the lectern and responded to concerns that were raised and stated the cost sharing and easement agreement is completed and signed by the existing property owner and Toll Brothers representatives. The Cost Sharing Agreement ran with the land and is still in existence. Toll Brothers was the majority of the Home Owners Association when the project was new. The maps were recorded before Birdsall Group, LLC and they contain the strip access on them. Before Birdsall was able to get the easement straightened out while they were concentrating on the cost sharing easement agreement the second easement property was sold and the owner was not receptive to granting an easement. Both cost sharing agreement and easement agreement are required by conditions on this project and the Pinnacle project. Mr. Bobardt stated that the Moorpark Highlands project was conditioned to provide access to this property. The final map that was recorded showed that as a future easement to be recorded by separate instrument. The Commission inquired if there is an access easement from lot 11 through the development and discussed concerns that were raised regarding construction traffic and potential buyer's traffic. Mr. Bobardt stated that Tract Map 5437 had a requirement on it that they work out a maintenance agreement for the access. There was a requirement for an agreement to be worked out to cover the additional impacts of the road. Staff can work with the applicant to minimize construction and grading. Mr. Ellis Kaufman stepped forward to the lectern and addressed Mr. Newton stating there is no recorded easement in place for access through the gates and come up Elk Run in order to get to Lot 11. Pat Jacobs, Pinnacle Resident, spoke in opposition of the project and concerns regarding vehicle traffic safety into the 21 lots, and across the horse trails. Russ Stromberg, Pinnacle Resident, spoke in opposition of the project and concerns regarding years of construction, number of vehicles, traffic safety, and that an easement has not been recorded. Mr. Bobardt summarized one Written Statement Card from Claudia Stromberg, Pinnacle resident, stating she was in opposition of the project due to construction traffic that would require the gates to be open. In response to Chair Hamous, Mr. Bobardt stated there were no additional speaker cards or written cards for this item. Chair Hamous closed the public hearing. 24 A discussion followed among the Commissioners regarding: 1) Initial access off of Walnut Canyon; 2) Access agreements that go through the subdivision; 3) Easement being recorded two weeks ago; 4) Potential sales traffic through the private road; and 5) Ingress/Egress safety; 6) Would like the applicant to meet with the Home Owners Associations to build a consensus and discuss the concerns that were addressed; and 7) Clarification regarding maintenance vs. access rights, construction traffic, and improvement plans. Mr. Bobardt stated that there is a time limit for making a decision on this item under the permit streamlining act. If the applicant agrees to a 90-day extension, Mr. Bobardt recommends this item be continued to the November 27, 2018 Planning Commission meeting. At the request of Chair Hamous, Mr. Newton stepped forward to the lectern and agreed to the 90-day extension. MOTION: Commissioner Landis moved and Commissioner Di Cecco seconded a motion to continue this item with the public hearing open to the regular meeting of November 27, 2018. The motion carried by voice vote 4-0, Commissioner Haverstock absent. The City Council has final approval authority for this project. A. Consider Resolution Recommending to the City Council Approval of Tentative Parcel Map No. 2018-01 to subdivide a 1.62 acre lot into four parcels at 78 Wicks Road and Making a Determination of Exemption Under CEQA in Connection Therewith, on the Application of Robert Inthout. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC- 2018-630 recommending to the City Council conditional approval of Tentative Parcel Map No. 2018-01. (Staff: Joseph Fiss) Mr. Fiss gave the staff report. A discussion followed among the Commission and staff, which focused on: 1) Drainage between parcels B, C, and D; 2) Removing property line between Parcel D and remainder parcel; 3) Requirement for a retainer on the wall/slope to support the curb, gutter, and sidewalk; and 4) Storm water drains in sidewalk. Chair Hamous opened the public hearing. Robert Inthout, applicant, responded to Commission questions concerning 1) Parcel D; 2) Remainder lot; 3) Drainage; and stated his ultimate goal is to move forward with the other lots. 25 In response to Chair Hamous, Mr. Bobardt stated there were no additional speaker cards or written cards for this item. Chair Hamous closed the public hearing. A discussion followed among the Commissioners supporting the project. MOTION: Commissioner Di Cecco moved and Commissioner Landis seconded a motion to approve staff recommendation, including adoption of Resolution No. PC-2018-630. The motion carried by voice vote 4-0, Commissioner Haverstock absent. The City Council has final approval authority for this project. C. Consider Resolution Recommending Approval of Zoning Ordinance Amendment No. 2018-04, an Amendment to Chapters 17.20 (Uses by Zone) and 17.28 (Standards for Specific Uses), of the Moorpark Municipal Code Addressing Temporary Filming, and Recommending Approval of New Rules and Regulations for Temporary Filming, and Determining That This Action Is Exempt from the California Environmental Quality Act. Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; and 2) Adopt Resolution No. PC-2018-631 recommending to the City Council the adoption of Zoning Ordinance Amendment No. 2018-04 and recommending approval of the Rules and Regulations for Temporary Filming. (Staff: Joseph Fiss and Brian Chong) Mr. Chong gave the staff report. A discussion followed among the Commission who agreed that this will be a great addition for the City. Chair Hamous opened the public hearing. There were no speakers. Chair Hamous closed the public hearing. A discussion followed among the Commissioners supporting the project. MOTION: Commissioner Landis moved and Chair Hamous seconded a motion to approve staff recommendation, including adoption of Resolution No. PC-2018- 631. The motion carried by voice vote 4-0, Commissioner Haverstock absent. The City Council has final approval authority for this project. 26 9. DISCUSSION ITEMS: None. 10. CONSENT CALENDAR: MOTION: Vice Chair Aquino moved and Commissioner Di Cecco seconded a motion to approve staff recommendation. The motion carried by voice vote 3-0, Commissioner Landis abstained, and Commissioner Haverstock absent. A. Consider Approval of the Regular Meeting Minutes of July 24, 2018. Staff Recommendation: Approve the minutes. 11. ADJOURNMENT: MOTION: Commissioner Landis moved and Chair Hamous seconded a motion to adjourn the meeting. The motion carried by voice vote 4-0, Commissioner Haverstock absent. The time was 9:12 p.m. Bruce Hamous, Chair David A. Bobardt, Community Development Director 27 MOORPARK,CALIFORNIA Planning Commission ITEM: 10.B. of 0-2- 201S ACTION: A )j i Vu 5ttlfi fi NA-net-A(lt!(fl MINUTES OF THE PLANNING COMMISSION BY: ppU(,V'Ca MoorpaPk, California September 25, 2018 A Regular Meeting of the Planning Commission of the City of Moorpark was held on September 25, 2018, in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Chair Hamous called the meeting to order at 7:02 p.m. 2. PLEDGE OF ALLEGIANCE: Joseph Fiss, Planning Manager, led the Pledge of Allegiance. 3. ROLL CALL: Present: Chair Hamous, Vice Chair Aquino, Commissioner Di Cecco, Commissioner Haverstock, and Commissioner Landis. Absent: None. Staff Present: David Bobardt, Community Development Director; Joseph Fiss, Planning Manager; Freddy A. Carrillo, Associate Planner II; and Joyce Figueroa, Administrative Assistant II. 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: None. 5. PUBLIC COMMENT: None. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON MEETINGS/CONFERENCES ATTENDED BY THE COMMISSION: None. 28 8. PUBLIC HEARINGS: (next Resolution No. PC-2018-632) A. Consider a Resolution Recommending to the City Council Approval of General Plan Amendment No. 2013-02, Zone Change No. 2013-02, Residential Planned Development Permit No. 2013-01, and Development Agreement No. 2013-01, and Adoption of a Mitigated Negative Development Under CEQA in Connection Therewith, for a 390-unit Senior Community on 49.52 Acres North of Casey Road and West of Walnut Canyon Road, on the Application of Ernie Mansi for Aldersgate Investment, LLC. Staff Recommendation: 1) Open the public hearing, accept public testimony and continue the agenda item with the public hearing open to the regular Planning Commission meeting of October 23, 2018. (Staff: Joseph Fiss) Chair Hamous and Commissioner Di Cecco announced, to avoid a potential conflict of interest, they would recuse themselves and left the dais at 7:04 p.m. Mr. Fiss gave the staff report. Vice Chair Aquino opened the Public Hearing. Ricky Delgado, Walnut Canyon Resident, spoke in opposition of the project and concerns regarding: 1) Safety evacuations in an emergency such as a fire; and 2) Vehicle traffic. Susan Delgado, Walnut Canyon Resident, spoke in opposition of the project and concerns regarding: 1) The project backs up to her property; 2) Duration of the project; 3) Dirt; 4) Noise; 5) Falcon habitat; and 6) Buffer between the project and her residence. In response to Vice Chair Aquino, Mr. Bobardt stated there were no additional speaker cards or written cards for this item. MOTION: Commissioner Haverstock moved and Commissioner Landis seconded a motion to continue this item with the public hearing open to the regular meeting of October 23, 2018. The motion carried by voice vote 3-0, Chair Hamous and Commissioner Di Cecco absent. The City Council has final approval authority for this project. Chair Hamous and Commissioner Di Cecco returned to the dais at 7:12 p.m. 29 B. Consider a Resolution Recommending to the City Council Approval of Industrial Planned Development Permit No. 2017-02 and Conditional Use Permit No. 2017-02 to Allow a Sales Office, Showroom, Fabrication Shop, and Outdoor Storage on a 2.65 Acre lot at 14110 Princeton Avenue and Making a Determination of Exemption Under CEQA in Connection Therewith, on the Application of Michael Bennett for The Bennett Partnership. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC-2018-632 recommending to the City Council conditional approval of Industrial Planned Development Permit No. 2017-02 and Conditional Use Permit No. 2017-02. (Staff: Freddy A. Carrillo) Mr. Carrillo gave the staff report. A discussion followed among the Commission and staff, which focused on: 1) The new driveway that is going in is going to be designed by the City as part of the improvements to Princeton Avenue and construction design will be by the City; 2) Location of the property lines; 3) Is any of the parking new or currently existing and where are they in relation to the property line; 4) Is any grading being proposed; 5) Existing vs. new improvement plan; 6) Fencing based on proximity to residential zoning; 7) Screening on the three property lines; 8) Do all of the uses fall into the M2 zoning category; and 9) Stamped Page 7 Design and construction of the new improved driveway access at the owners expense. Mr. Bobardt stated that per the settlement agreement between the City and the owner the exchange agreement from 2015 identifies the City's construction of street improvements. It does not include driveway access. The applicant shall pay for the curb, gutter, and sidewalk street improvements. This will be corrected in the agenda report to City Council. Chair Hamous opened the Public Hearing. Michael Bennett, Fence Factory, Owner, discussed the project and stated Fence Factory makes good neighbors and is pleased to be in Moorpark. Dallas Dansby, Antilla Design Studio, Applicant Representative, stated adjustments will be made to the site plan clarifying the inconsistencies of the site boundary and parking and is available to answer any questions. A discussion followed among the Commission and Ms. Dansby regarding: 1) trim colors; and 2) Is the site City water sewer or sceptic. 30 Tina Arredondo, Avenida Colonia Property Owner, spoke in opposition of the project and concerns regarding: 1) Fence Factory may have a negative effect on the residential property owners; 2) Noise nuisance; 3) Decrease in the value of the residential properties; 4) Traffic; 5) Stevens Trucking on the project site; and 6) Signal lights to exit onto Princeton Avenue. In response to Chair Hamous, Mr. Bobardt stated there were no additional speaker cards or written cards for this item. Chair Hamous closed the Public Hearing. A discussion followed among the Commissioners supporting the project. MOTION: Commissioner Landis moved and Commissioner Landis seconded a motion to approve staff recommendation, including adoption of Resolution No. PC-2018-632. The motion carried by unanimous voice vote. The City Council has final approval authority for this project. 9. DISCUSSION ITEMS: None. 10. CONSENT CALENDAR: None. 11. ADJOURNMENT: MOTION: Commissioner Landis moved and Commissioner Di Cecco seconded a motion to adjourn the meeting. The motion carried by unanimous voice vote. The time was 7:57 p.m. Bruce Hamous, Chair David A. Bobardt, Community Development Director 31