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HomeMy WebLinkAboutAGENDA REPORT 2022 0628 REG PC ITEM 10ACITY OF MOORPARK, CALIFORNIA Planning Commission Meeting of June 28, 2022 ACTION: Approved Staff Recommendation. BY: J. Lugo A.Consider Approval of the Regular Meeting Minutes of April 26, 2022. Staff Recommendation: Approve the minutes. Item: 10.A. ITEM: 10.A. MINUTES OF THE PLANNING COMMISSION Moorpark, California April 26, 2022 A Regular Meeting of the Planning Commission of the City of Moorpark was held on April 26, 2022, in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Chair Landis called the meeting to order at 7:03 p.m. 2. PLEDGE OF ALLEGIANCE: Commissioner Brodsly led the Pledge of Allegiance. 3. ROLL CALL: Administrative Specialist Valencia administered roll call. Present: Commissioners Alva, Brodsly, Rokos, Vice Chair Barrett, and Chair Landis. Staff Present: Carlene Saxton, Community Development Director; Doug Spondello, Deputy Community Development Director; Philip Neuman, Assistant Planner; Adam Pisarkiewicz, Contract Planner; and Kat Valencia, Administrative Specialist. 4. PROCLAMATIONS AND COMMENDATIONS: None. 5. PUBLIC COMMENT: None. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON MEETINGS/CONFERENCES ATTENDED BY THE COMMISSION: Item: 10.A. Minutes of the Planning Commission Moorpark, California Page 2 April 26, 2022 Commissioner Rokos made an announcement regarding a Planning Commissioners Academy attended by the Commission. Planning Commissioner Brodsly made an announcement regarding possible safety concerns on Poindexter Avenue. Deputy Director Spondello made an announcement regarding comments received during the Hitch Ranch Draft EIR comment period and announced that the Hitch Ranch project will be one of the two agenda items discussed during the next regular Planning Commission Meeting of May 24, 2022, with the other agenda item being the 2022/23 Capital Improvement Program for General Plan determination. Deputy Director Spondello also announced that the General Plan Advisory Committee will be meeting on Thursday, April 28, 2022, at 6:30 PM, for the purpose of reviewing policies for land use and economic development; and announced the start of the new Finance Director, Vivien Avella. 8. PUBLIC HEARINGS: A. Consider Resolution No. PC-2022-668, Making a Determination that the Proposed Vacation and Dedication of Right-of-Way Adjacent to 5751 Condor Drive is in Conformance with the Moorpark General Plan, Directing Staff to Report that Finding to the City Council and Making a Determination of Exemption Pursuant to the California Environmental Quality Act in Connection Therewith, on the Application of Condor Industrial Building, LLC. (Staff: Philip Neumann) Assistant Planner Neumann gave the staff report. A discussion followed between the Commissioners and staff to clarify the area to be dedicated versus the area to be vacated. Chair Landis opened and closed the public hearing. A discussion followed among the Planning Commissioners, staff, and consultant which focused on the following: 1) Support for the project; 2) General plan conformity. MOTION: Commissioner Alva moved, and Commissioner Rokos seconded a motion to approve staff recommendation with modified condition of approval added after agenda circulation. The motion carried by unanimous roll-call vote 5-0. Minutes of the Planning Commission Moorpark, California Page 3 April 26, 2022 B. Consider Resolution No. PC-2022-669, Recommending That the City Council Approve Zoning Ordinance Amendment No. 2021-03 Amending Chapters 17.08 (Definitions), 7.20 (Uses by Zone), and 17.28 (Standards for Specific Uses) of Title 17 (Zoning) of the Moorpark Municipal Code to Define “Chain Store” Uses and to Establish Regulations Related to the Operation of Chain Stores on High Street. (Staff: Adam Pisarkiewicz) Commissioner Brodsly recused himself from the item and left the room. Contract Planner Pisarkiewicz gave the staff report. A discussion followed between the Commissioners and staff regarding the following: 1) Chain store definition; 2) Public outreach and direct mailers; 3) Businesses affected by the ordinance; 4) Whether there was a consideration to exclude retail services; 5) Whether the survey showed the majority of concerns to be related to aesthetics or the chain store operations themselves ; 6) Why Staff chose two out of seven criteria related to chain stores; 7) Whether the City received any applications during the emergency period; 8) Where the definition of “chain store” originated; 8) Clarification on a couple of the survey questions; 9) Concerns regarding homogeneous requirements for business signage; 10) Whether sign requirements will be amended; 11) Whether High Street Depot has submitted any sign plans for their downstairs tenants and whether that would be a requirement for their application. Chair Landis opened the public hearing. Mr. Richard Gray spoke in opposition of the ordinance due to concerns regarding the negative effect this will have on small businesses. Mrs. Cherelle Champfleur, Casa Cha Cha Cha business owner, spoke in support of the ordinance, and expressed a wish to preserve the character and charm of High Street. Mr. Tom Lucas spoke in opposition of the ordinance due to a desire to make Moorpark a friendly place for developers. Mr. Manuel Diaz spoke in opposition of the ordinance due to concerns regarding excessive restrictions that will make it difficult for new businesses. Chair Landis closed the public hearing. A discussion followed among the Planning Commissioners, staff, and consultant which focused on the following: 1) Concerns regarding the full ban restricting businesses and causing them to go elsewhere; 2) Clarification regarding the restrictions and the purpose of the restrictions; 3) Estimated cost of a CUP; 4) High Minutes of the Planning Commission Moorpark, California Page 4 April 26, 2022 Street Depot regulations; 5) Whether a robust High Street plan that mandated that all Moorpark businesses adhere to certain aesthetics, without the need for a chain store ordinance, would be a better choice; 6) The fact that the interim ordinance expires on August 31, 2022, making it necessary for a permanent ordinance to be adopted by that time; 7) Whether it would be feasible to have exceptions for certain types of businesses, such as retail stores vs offices; 8) Whether there is another mechanism other than the CUP, where architectural standards would be addressed, to keep the charm, but that would be less restrictive on new businesses; 9) Concerns with the perception of increased difficulty opening a new business in Moorpark; 10) Whether it is possible to set regulations on price or timelines regarding CUP’s; and 11) Suggestion for retitling the ordinance. MOTION: Commissioner Rokos moved, and Commissioner Alva seconded a motion to deny staff recommendation. The motion did not carry. Roll-call vote 2-2. (Commissioner Brodsly, Recused). MOTION: Commissioner Barrett moved, and Chair Landis seconded a motion to approve staff recommendation, with a note requesting that CUP cost be kept to a minimum and the suggestion for retitling the ordinance. The motion did not carry. Roll-call vote 2-2 (Commissioner Brodsly, Recused). Deputy Director Spondello noted that, if the Planning Commission was not able to reach consensus on this item, a resolution could be provided to the City Council that conveyed the points being expressed on this matter. Chair Landis expressed general agreement from the Planning Commission as it pertains to the goals for High Street. He expressed support for the ordinance because a CUP process would not prohibit chain stores but would keep the aesthetics of High Street. Commissioner Rokos stated that he is pro-business and would like every business to have the opportunity to come into High Street without further regulation. He stated that he found the ordinance to be slightly over restrictive from the standpoint of regulating both the interior and exterior of the building, and that aesthetics could be regulated without the need for the ordinance. Commissioner Alva voiced her wish to maintain the historical High Street aesthetics, suggested that commercial offices be exempt from the ordinance, and that the CUP cost be kept to a minimum. Commissioner Barrett expressed his agreement with statements made by Chair Landis. Minutes of the Planning Commission Moorpark, California Page 5 April 26, 2022 A discussion between the Planning Commission and staff followed regarding the need for a recommendation by the Planning Commission in order to provide the City Council with the ability to consider the proposed ordinance. The Planning Commission then asked whether it would be possible for staff to consider modification to the ordinance and return with an amended recommendation addressing the following issues: 1) Alternatives to the CUP process, including approval by the Community Development Director; 2) An analysis of typical costs associated with the CUP; 3) An analysis of timelines for processing the CUP; 4) Whether it would be possible for the need for a CUP to be administratively decided dependent on square footage; 5) Potential locations; 6) Anticipated sizes of units within High Street Depot; and 7) Whether there would be an appeal mechanism to the Planning Commission if the ordinance were to be changed to an administrative process. Community Development Director Saxton reiterated that the urgency ordinance expires on August 31, 2022, and that the items identified by the Planning Commission would require research by staff. She stated that both Planning Commission and City Council have no meetings scheduled in August, and findings would have to be back to the Planning Commission by June for the item to be presented to City Council by July. Mrs. Saxton expressed that staff would need very specific direction, as well as a consensus from the Planning Commission regarding what specific areas of the ordinance are being recommended for amendment or removal, to be able to expedite the process. A subsequent hearing was requested by the Planning Commission, directing staff to consider amending the ordinance to be an administrative permit, instead of a CUP, making it easier for businesses to open with specific aesthetic requirements. MOTION: Chair Landis moved, and Commissioner Rokos seconded a motion to continue the item to the next Regular Planning Commission Meeting of May 24, 2022, with direction to revise the ordinance to consider: 1) Retitling the ordinance to “Chain Store and Aesthetics on High Street; 2) Removing “retail service” from the proposed definition of Chain Store in order to allow for commercial offices that may otherwise fit the criteria applied to Chain Stores; 3) A summary of the anticipated costs and timing associated with the CUP application; 4) Whether Chain Store requests could be reviewed by the Community Development Director rather than a CUP; and 5) Clarification regarding how Chain Store signage would be regulated under the proposed ordinance.. Motion carried by roll-call vote 4-0. (Commissioner Brodsly, Recused). Commissioner Brodsly rejoined the dais. 9. PRESENTATION/ACTION/DISCUSSION: Minutes of the Planning Commission Moorpark, California Page 6 April 26, 2022 None. 10. CONSENT CALENDAR: A. Consider Approval of the Regular Meeting Minutes of February 22, 2022. Staff Recommendation: Approve the minutes. B. Consider Approval of the Special Meeting Minutes of March 14, 2022. Staff Recommendation: Approve the minutes. MOTION: Commissioner Barrett moved, and Commissioner Brodsly seconded a motion to approve the Consent Calendar. The motion carried by unanimous voice vote 5-0. 11. ADJOURNMENT: MOTION: Chair Landis moved, and Commissioner Rokos seconded a motion to adjourn the meeting. The motion carried by unanimous voice vote 5-0. The time was 8:57 p.m. Kipp Landis Chair Carlene Saxton Community Development Director