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Resolution No. PC-2018-633
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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
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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
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(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
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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
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RESOLUTION NO. 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