HomeMy WebLinkAboutMIN 2022 0927 PC REGItem: 10.13.
MINUTES OF THE PLANNING COMMISSION
Moorpark California September 27, 2022
A Regular Meeting of the Planning Commission of the City of Moorpark was held on
September 27, 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 7:00 p.m.
2. PLEDGE OF ALLEGIANCE:
Commissioner Barrett led the Pledge of Allegiance.
3. ROLL CALL:
City Clerk Spangler 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;
Shanna Farley, Principal Planner; Philip Neumann, Associate
Planner I; Mackenzie Douglass, Program Manager; Andres
Pena, Information Systems Technician II; Jeannine Lugo,
Administrative Specialist; and Ky Spangler, City Clerk.
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:
Minutes of the Planning Commission
Moorpark California Page 2 September 27, 2022
Commissioner Rokos announced the celebration of Moorpark Country Days on
October 2, from 9:30 a.m. to 4:00 p.m.; the second day consists of the Mammoth
Fun Run. He also announced the Candidates' Forum on October 4th, from 5:30
p.m. to 8:30 p.m., hosted by Moorpark Chamber of Commerce and League of
Women voters.
Chair Landis announced the Second Annual Cornhole tournament on High Street
will take place after Country Days Parade.
Deputy Director Spondello spoke of the General Plan Goal and Policy workshop
on September 24 and announced that comments also be provided online through
October 9, 2022 for those who were unable to attend the workshop.
Deputy Director Spondello introduced new hires Administrative Specialist,
Jeannine Lugo and Assistant Planner, Neal Morrisette. In addition, he noted that
he and Associate Planner Neuman will be attending American Planning
Association conference next week.
8. PUBLIC HEARINGS:
A. Consider Resolution No. PC -2022-680 Recommending City Council
Adoption of a Mitigated Negative Declaration, Pursuant to the California
Environmental Quality Act and Approval of Industrial Planned
Development No. 2022-01 and Conditional Use Permit No. 2022-01 to
Allow the Development a 90,566 Square Foot Industrial Warehouse
Building and Associated Site Work on 5.65 Acres of Property, Located at
10941 Los Angeles Avenue, on the Application of Amir Development on
Behalf of Moorpark Lot A, LP. Staff Recommendation: 1) Open the public
hearing, receive public testimony, and close the public hearing; and 2)
Adopt Resolution No. PC -2022-680 recommending that the City Council
approve Industrial Planned Development (IPD) No. 2022-01 and
Conditional Use Permit (CUP) No. 2022-01.
Ms. Farley gave the staff report and provided a PowerPoint presentation.
She noted corrections to the resolution and presented a revised staff
recommendation.
Questions of staff following including the following: 1) clarification of
location accessibility of refuse dumpsters on the site; 2) clarification on the
location of sidewalks, the primary ingress and egress locations and
confirmation of ADA accessibility; 3) gate design; 4) electric car charging
stations are not shown but will be available according to building code
standards; 5) clarification of building height and confirmation it will be in
scale with the existing building; 6) applicant is working with Caltrans on
Minutes of the Planning Commission
Moorpark, California Page 3 September 27, 2022
final design of signal at Montair intersection; 7) no other intersection
improvements are required for vehicular access; 8) clarification of how
traffic mitigations are analyzed and the impacts identified resulted in the
requirement for the signal; 9) clarification requested on the number of
employees and truck trips; 10) explanation for the waiving of electrical
undergrounding requirement; and 11) clarification on surplus of parking.
Chair Landis opened the public hearing at 7:27 p.m.
Steven Juhnke, applicant, introduced staff and consultants present and
responded to Commissioner questions. A discussion amongst the
Planning Commissioners, staff, and consultant covered the following:
1) circulation of sidewalks around the building; 2) gate structure; 3) EV
charging stations; 4) height of adjacent building; 5) signal at Montair as an
existing three-way signal with deceleration lane; 6) excess parking
accommodating the increase number of employees by 83, it is currently
650; 7) hours of operation for in and outbound trucks, an additional 18
trucks per day are expected; and 8) discussion of lane configurations on
SR 118.
Commissioner Rokos questioned staff's ability to impose a no right turn on
red and staff stated that it could have unintended consequences and would
require Caltrans approval. Further clarification was given that the traffic
study did not warrant this potential restriction and Caltrans would have to
impose such restrictions, because it is their facility.
Commissioner Brodsly questioned the applicant about proposed carpool
programs to mitigate number of drivers entering facility.
The project architect, Doug Hinrichs, spoke to clarify building heights,
elevation enhancements, and parapets that will screen mechanicals on the
roof.
Mr. Juhnke addressed the trash enclosure location and function, the chain-
link fence in the parking between the building that will remain, and that no
building signage is presently proposed.
Speaker Victoria Yundt expressed their opinion that an EIR should be
required do to impact on special status species, despite the MND stating
that no special status species were observed; MND can't be relied on for air
quality; health risk due to diesel emissions not acknowledged due to a lack
of quantified construction and operational health risk assessment.
The comments were address in the response to the speaker's discussion
concerning the MND, and concerns have been adequately addressed.
Minutes of the Planning Commission
Moorpark, California Page 4 September 27, 2022
Chair Landis closed the public hearing at 7:51 p.m.
The Commissioners made general comments regarding the project. Chair
Landis commented on the speaker noting the MND concerns and stated
that the MND is incorporated by reference as part of the project
consideration and recommendation.
MOTION: Commissioner Barrett moved, and Commissioner Brodsly seconded a
motion to approve staff's recommendation including correction of Condition 98 and
addition of missing text to Section 2.2 The motion carried by roll -call vote 5-0.
B. Consider Resolution Approving Conditional Use Permit No. 2022-03, to
Allow the Sale of Beer, Wine, and Liquor for Off-site Consumption at a
Proposed 2,140 Square Foot Deli and Liquor Store Located at 484 Los
Angeles Avenue, Suite #100, and Making a Determination of Exemption
Pursuant to the California Environmental Quality Act (CEQA) in
Connection Therewith, on the Application of Manhal Mawas. Staff
Recommendation: No further action requested. Application withdrawn by
applicant.
Staff announced that this application was officially withdrawn at the request
of the applicant, after continuation from the previous Planning Commission
meeting. No further action is needed.
C. Consider Resolution No. PC -2022-679, Approving Modification No. 1 to
Conditional Use Permit No. 2019-03 to Expand Wine Tasting to 193
Square Feet and Wine Production to 1,739 Square Feet, Located at 165
Poindexter Avenue, Suites C & D (Dexmoor Center), and Making a
Determination of Exemption Pursuant to California Environmental Quality
Act in Connection Therewith, on the Application of Patrick Kelley for
Cavaletti Vineyards, LLC. Staff Recommendation: 1) Open the public
hearing, accept public testimony, and close the public hearing; and
2) Adopt Resolution No. PC -2022-679 approving Modification No. 1 to
Conditional Use Permit No. 2019-03 and finding the project Exempt from
the California Environmental Quality Act (CEQA).
Mr. Neumann gave the staff report and provided a PowerPoint presentation.
A discussion and questions followed among the Planning Commissioners
and staff that focused on wine tasting events and activities remaining inside
the project location and confirmation that the sale of food would not be in
conflict with the permit conditions.
Chair Landis opened the public hearing at 8:10 p.m.
Minutes of the Planning Commission
Moorpark California Page 5 September 27, 2022
Patrick Kelley, applicant, briefly spoke to in response to questions posed
from the commissioners.
Chair Landis closed the public hearing at 8:11 p.m.
MOTION: Commissioner Rokos moved, and Commissioner Brodsly seconded a
motion to approve staff's recommendation, as amended, to adopt Resolution No.
PC -2022-679 approving Modification No. 1 to Conditional Use Permit No. 2019-03
and finding the project Exempt from the California Environmental Quality Act
(CEQA) with revision to finding F reading "the proposed use will not result in over
concentration in the area of establishments selling alcoholic beverages in that the
Type 02 (winegrower) license is exempt from overconcentration requirements by
the ABC.)" The motion carried by roll -call vote 5-0.
AT THIS POINT in the meeting, Commissioner Rokos stated due to conflict of interest
(residence within 500 feet) he would recuse himself from consideration of Item 8.D. and
left the dais. The time was 8:14: pm.
D. Consider Resolution No. PC -2022-675 Approving Conditional Use Permit
No 2022-06 to Supersede Conditional Use Permit No. 2000-01, to Allow
the Sale of Beer Wine and Alcoholic Beverages for Off -Site Consumption
at an Existing 4,185 Square -Foot Retail Store Located at 14711 Princeton
Avenue Suite #6 (Varsity Park Plaza) and Making a Determination of
Exemption Pursuant to California Environmental Quality Act in Connection
Therewith on the Application of Matanous Ballat for Handiest Food Mart.
Staff Recommendation: 1) Open the public hearing, accept public
testimony, and close the public hearing; and 2) Adopt Resolution No.
PC -2022-675 approving Conditional Use Permit No. 2022-06 to
supersede Conditional Use Permit No. 2000-01 and finding the project
Exempt from the California Environmental Quality Act (CEQA).
Mr. Neumann gave the staff report and provided a PowerPoint presentation.
Questions of staff included: 1) clarification that square footage is
unchanged and only changes to the alcohol display area; 2) clarification
whether percentage of alcohol sales is enforced; 3) discussion of length of
business existence; and 4) signage and stickers on the windows.
Chair Landis noted supplemental correspondence received in opposition to
the proposed recommendation.
Chair Landis opened the public hearing at 8:24 p.m
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Moorpark, California Page 6 September 27, 2022
On behalf of the applicant, Roanne Ballat, spoke to clarify signage in the
windows and removal of alcohol advertisement and the desire to expand
square footage to product selection.
Chair Landis closed the public hearing at 8:27 p.m.
Commissioners made general comments regarding the proposed project.
MOTION: Commissioner Barrett moved, and Commissioner Alva seconded a
motion to Adopt Resolution No. PC -2022-675 approving Conditional Use Permit
No. 2022-06 to supersede Conditional Use Permit No. 2000-01 and finding the
project Exempt from the California Environmental Quality Act (CEQA). The motion
carried by roll -call vote 4-0, Commissioner Rokos recused.
AT THIS POINT in the meeting, Commissioner Rokos returned to the dais. The time was
8:30 p.m.
E. Consider Resolution No. PC -2022-677, Conditional Use Permit No. 2022-
05 to Allow the On -Site Consumption of Beer and Wine within an Existing
1,700 Square -Foot Restaurant with a 330 Square -Foot Outdoor Patio,
Located at 6593 Collins Drive, Unit D-4 (Campus Plaza), and Making A
Determination of Exemption Pursuant to California Environmental Quality
Act in Connection Therewith, on the Application of Jose Ruiz for Carnitas
Mi Rancho M P Inc. Staff Recommendation: 1) Open the public hearing,
accept public testimony, and close the public hearing; and, 2) Adopt
Resolution No. PC -2022-677 approving Conditional Use Permit No. 2022-
05 and finding the project Exempt from the California Environmental
Quality Act (CEQA).
Mr. Neumann gave the staff report and provided a PowerPoint presentation.
Question of staff following including: 1) clarification of the locations of the
Type 41 and Type 47 license establishments; 2) process should applicant
want to extend hours of operation; and 3) clarification that the hours of
operation are not tied to CUP and staff has no concern with Condition 26.
Chair Landis opened the public hearing at 8:40 p.m. Having no speakers,
the public hearing was closed.
Commissioners made general comments about the proposed project,
including that Alcohol Beverage Control regulations are stringent.
A. MOTION: Commissioner Brodsly moved, and Commissioner Rokos
seconded a motion to Adopt Resolution No. PC -2022-677 approving
Conditional Use Permit No. 2022-05 and finding the project Exempt from
Minutes of the Planning Commission
Moorpark, California Page 7 September 27, 2022
the California Environmental Quality Act (CEQA). The motion carried by
roll -call vote 5-0.
AT THIS POINT in the meeting, Commissioner Brodsly stated due to conflict of interest
(property ownership within 500 feet) he would recuse himself from consideration of the
item and left the dais. The time was 8:43 p.m.
B. Consider Resolution No. PC -2022-681 Recommending the City Council
Consider Ordinance for the First Amendment to the Development
Agreement No. 2018-01 between the City of Moorpark and Daly Group,
Inc. and Making a Determination of Exemption Pursuant to the California
Environmental Quality Act in Connection Therewith. Staff
Recommendation: 1) Open the public hearing, accept public testimony,
and close the public hearing; and 2) Adopt Resolution No. PC -2022-681
recommending the City Council consider the First Amendment to the
Development Agreement (DA) No. 2081-01 and finding the project Exempt
from the California Environmental Quality Act (CEQA)
Director Saxton gave the staff report.
Questions of staff included who becomes owner of the property, staff stated
that the parcel becomes city property, what can it be used for, and that the
change in the lot line does not affect parking.
Chair Landis opened the public hearing at 8:46 p.m.
Jasch Janowicz, applicant, spoke to provide an update on the status of
development and has been actively moving the project towards
construction.
Chair Landis closed the public hearing at 8:48 p.m.
MOTION: Commissioner Alva moved, and Commissioner Barrett seconded a
motion to Adopt Resolution No. PC -2022-681 recommending the City Council
consider the First Amendment to the Development Agreement (DA) No. 2081-01
and finding the project Exempt from the California Environmental Quality Act
(CEQA). The motion carried by roll -call vote 4-0, Commissioner Brodsly recused.
AT THIS POINT in the meeting, Commissioner Brodsly returned to the dais. The time
was 8:49 p.m.
C. Consider Resolution No. PC -2022-676 Recommending to the City Council
Approval of General Plan Amendment No. 2022-02 to Incorporate the
2022 Ventura County Multi -Jurisdictional Hazard Mitigation Plan as Part
of the General Plan Safety Element and Making a Determination of
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Moorpark, California Page 8 September 27, 2022
Exemption from the California Environmental Quality Act in Connection
Therewith. Staff Recommendation: 1) Open the public hearing, accept
public testimony, and close the public hearing; and 2) Adopt Resolution
No. PC -2022-676 recommending to the City Council approval of General
Plan Amendment No. 2022-02 and finding of Exemption from the
California Environmental Quality Act (CEQA).
Program Manager Douglass gave the staff report.
Questions of staff included: 1) clarification on how drought is addressed;
2) confirmation that the document is a coordinated plan with the County;
3) clarification that dam failure of Bard Reservoir would pose the most
significant risk; 4) this report addresses acts of God and the impacts to life
and property; 5) discussion of locations that are susceptible to landslides
either as a result of wildfires or independent of them 5) brief discussion of
earthquake risk; 6) ten action items are included but no timeframes are
associated with them; 7) assertation that the action item providing reliable
backup power at the police station has been established; 8) suggestion to
include sections specific to Moorpark be isolated for inclusion on the
website 9) clarification that Fire Wise is a County program to educate the
public and City is engaging with County to bring those services to Moorpark;
10) clarification that cooling center policy will be re-evaluated following the
City Hall move; 11) discussion of flood insurance outreach and potential
public outreach opportunities; 12) discussion regarding placement of the
new fire station potentially near Moorpark College but thresholds for
response times did not warrant a new station; 13) purpose of bringing this
forward now to provide for grant opportunities 14) plans are typically
updated every 5 years; and 15) intensity scale clarification in regard to
Oakridge fault and it being the City's most significant threat.
Chair Landis opened the public hearing at 9:09 p.m. Having no speakers,
the public hearing was closed.
MOTION: Commissioner Barrett moved, and Commissioner Alva seconded a
motion to adopt Resolution No. PC -2022-676 recommending to the City Council
approval of General Plan Amendment No. 2022-02 and finding of Exemption from
the California Environmental Quality Act (CEQA). The motion carried by roll -call
vote 5-0.
9. PRESENTATION/ACTION/DISCUSSION:
None.
10. CONSENT CALENDAR:
Minutes of the Planning Commission
Moorpark California Page 9 September 27, 2022
None.
11. ADJOURNMENT:
MOTION: Chair Landis moved, and Commissioner Rokos seconded a motion to
adjourn the meeting. The motion carried by voice vote 5-0. The time was 9:11 p.m.
Kipp a dis
Chair
Carlene Saxton
Community Development Director