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Home My WebLink AboutMIN 2023 0622 PC SPCMINUTES OF THE PLANNING COMMISSION Moorpark, California June 22, 2023 A Special Meeting of the Planning Commission of the City of Moorpark was held on June 22, 2023, 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 7:02 p.m. 2.PLEDGE OF ALLEGIANCE: Commissioner Alva led the Pledge of Allegiance. 3.ROLL CALL: Administrative Specialist Lugo administered roll call. Present: Commissioners Alva, Barrett, Di Cecco, and Chair Landis. Staff Present: Carlene Saxton, Community Development Director; Doug Spondello, Deputy Community Development Director; Zach Heinselman, City Attorney; Philip Neumann, Associate Planner I; Shanna Farley, Principal Planner; and Jeannine Lugo, 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: Commissioner Barrett announced his attendance to a meeting with City Councilmembers, the community college, and Parks and Recreation Commission Minutes of the Planning Commission Moorpark, California Page 2 June 22, 2023 to discuss a potential aquatic center in Moorpark, in addition to the Ventura County Taxpayer Foundation’s Focus on Law Enforcement Luncheon. 8.PUBLIC HEARINGS: A.Consider Resolution No. PC-2023-691, Conditional Use Permit CD CUP- 2023-0016 to Allow the On-Site Consumption of Beer and Wine within an Existing 2,816 Square-Foot Restaurant and 278 Square Foot Outdoor Dining Area, Located at 525 Los Angeles Avenue, Suites F & G (LA Spring Shopping Center), and Making A Determination of Exemption Pursuant to California Environmental Quality Act in Connection Therewith, on the Application of Randy Hoang for Hoang & Nguyen USA, LLC DBA Pho 100 (on Behalf of Allee Real Estate, LP). Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; and 2) Adopt Resolution No. PC-2023-691 approving Conditional Use Permit CD-CUP-2023-0016 and finding the project Exempt from the California Environmental Quality Act (CEQA). (Staff: Philip Neumann) Associate Planner Neumann gave the staff report and provided a PowerPoint presentation with an updated staff recommendation to clarify a condition of approval. Commissioner Alva requested clarification of staff on which restaurant mentioned in the presentation had an expired ABC license. Chair Landis opened and closed the public hearing at 7:11 p.m. The Commissioners made general comments in support of the project. MOTION: Commissioner Di Cecco moved, and Commissioner Alva seconded a motion to Adopt Resolution No. PC-2023-691 approving Conditional Use Permit CD-CUP-2023- 0016 and finding the project Exempt from the California Environmental Quality Act (CEQA), with the updated condition language proposed by staff. The motion carried by unanimous voice vote. B.Consider Resolutions Nos. PC-2023-692, PC-2023-693, PC-2023-694, PC-2023-695, and PC-2023-696 Recommending to the City Council Approval of Zoning Ordinance Amendment No. 2023-01 for a Zoning Code Update and Making a Determination of Consistency with the General Plan 2050 Program Environmental Impact Report 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 Resolutions Nos. PC-2023- 692, PC-2023-693, PC-2023-694, PC-2023-695, and PC-2023-696 recommending that the City Council adopt an ordinance approving Zoning Minutes of the Planning Commission Moorpark, California Page 3 June 22, 2023 Ordinance Amendment No. 2023-01 and make a determination of consistency with the General Plan 2050 Program Environmental Impact Report (EIR). (Staff: Shanna Farley) Principal Planner Farley gave the staff report and a PowerPoint presentation. City Attorney Heinselman made clarifying comments in regard to the public comments received. Director Saxton reviewed the recusal segments for all four Planning Commissioners as they relate to discussion of the Zoning Code Update. Staff responded to the commission question regarding the last update to the Zoning Code and clarified that the density proposals in the Zoning Code Update are implementing the densities envisioned and approved through the General Plan Land Use designations. Commissioner DiCecco commended staff for efforts on the Zoning Code Update. Chair Landis opened the public hearing at 7:53 p.m. Jonathan Duran, member of the Southwest Mountain States Regional Council of Carpenters, spoke about the opportunity to allow local builders complete construction as the community expands. Scott Boczkiewicz, Permitting Manager for Avantis, reiterated the written comments submitted about their concerns surrounding battery energy storage requirements proposed in the Zoning Code. Renee Robin, Director of Permitting with Broad Reach Power, spoke about concerns surrounding the battery energy screening requirements. Commissioners asked about the typical size of storage containers and the feasibility of alternative screening options. Joseph Fiss, Director of Planning and Entitlements with TW Land Planning, spoke on behalf of Mission Bell Plaza to request the Commission continue the public hearing to a second meeting. Mr. Fiss also presented an opposing stance on the prohibition of drive-thru restaurants, publicly accessible recreational areas, and building heights in mixed use zones. Theresa Brady, Moorpark resident, spoke in regard to the wildlife and farm life in Moorpark and her concern for the City to preserve the existing wildlife and farmland, in addition to considering how light pollution may be impacting the City. Chair Landis closed the public hearing at 8:20 p.m. Minutes of the Planning Commission Moorpark, California Page 4 June 22, 2023 Chair Landis led the discussion on each of the Recusal Segments. There were no questions or comments on zoning changes proposed for Segments 1 (Alva), 2 (Barrett), 3 (Di Cecco), and 4 (Landis). No recusals were required. The Commission proceeded to discuss Segment 5, containing all properties within the City of Moorpark and all proposed Moorpark Municipal Code text amendments not included in Segments 1 through 4. Questions and discussion followed among commissioners and staff which focused on: 1) establishing a minimum lot size requirement of 20,000 square feet and consider a tiered scale based off project size for section 17.24.025, currently proposing a 15% public open space requirement for all projects; 2) height limitations of buildings; 3) inclusionary housing requirement potentially impacting the feasibility of future developments; 4) tandem parking requirement and clarification on when relief is allowed; 5) flexibility on the proposed language for battery storage facility screening requirements; 6) animal section being comprehensively updated at a later time but the desire to include a permitting option before then; 7) clarification on why a couple old town parcels do not have mixed use designations and the opportunity to evaluate further as the Downtown Specific Plan is updated; 8) setbacks proposed on Moorpark Avenue and the possibility of adjusting when the Downtown Specific Plan is updated; 9) excluding drive-thru businesses from mixed use designations is supported to create a pedestrian oriented and safe walkable area; and 10) amenities in publicly accessible spaces on private property will be maintained and regulated by the private owners in mixed use designations, and will only impact developments with 10 or more residential units. Chair Landis led the action and deliberation for each of the Zoning Code segments. Commissioner Alva read a recusal statement for Segment 1 and left the dais. There were no questions or comments on zoning changes proposed for Segment 1. MOTION: Commissioner Barrett moved, and Commissioner Di Cecco seconded a motion to Adopt Resolution No. PC-2023-692 recommending that the City Council approve Segment 1 of Zoning Ordinance Amendment No. 2023-01 and make a determination of consistency with the General Plan 2050 Program Environmental Impact Report (EIR). The motion carried by roll-call vote 3-0, Commissioner Alva recused. AT THIS POINT in the meeting, Commissioner Alva returned to the dais. Commissioner Barret read a recusal statement for Segment 2 and left the dais. There were no questions or comments on zoning changes proposed for Segment 2. Minutes of the Planning Commission Moorpark, California Page 5 June 22, 2023 MOTION: Commissioner Alva moved, and Commissioner Di Cecco seconded a motion to Adopt Resolution No. PC-2023-693 recommending that the City Council approve Segment 2 of Zoning Ordinance Amendment No. 2023-01 and make a determination of consistency with the General Plan 2050 Program Environmental Impact Report (EIR). The motion carried by roll-call vote 3-0, Commissioner Barrett recused. AT THIS POINT in the meeting, Commissioner Barrett returned to the dais. Commissioner Di Cecco read a recusal statement for Segment 3 and left the dais. There were no questions or comments on zoning changes proposed for Segment 3. MOTION: Commissioner Barrett moved, and Commissioner Alva seconded a motion to Adopt Resolution No. PC-2023-694 recommending that the City Council approve Segment 3 of Zoning Ordinance Amendment No. 2023-01 and make a determination of consistency with the General Plan 2050 Program Environmental Impact Report (EIR). The motion carried by roll-call vote 3-0, Commissioner Di Cecco recused. AT THIS POINT in the meeting, Commissioner Di Cecco returned to the dais. Chair Landis turned the gavel over to Vice Chair Barrett, read a recusal statement for Segment 4, and left the dais. There were no questions or comments on zoning changes proposed for Segment 4. MOTION: Commissioner Di Cecco moved, and Commissioner Alva seconded a motion to Adopt Resolution No. PC-2023-695 recommending that the City Council approve Segment 4 of Zoning Ordinance Amendment No. 2023-01 and make a determination of consistency with the General Plan 2050 Program Environmental Impact Report (EIR). The motion carried by roll-call vote 3-0, Chair Landis recused. AT THIS POINT in the meeting, Chair Landis returned to the dais and Vice Chair Barrett returned the gavel. The zoning changes proposed for Segment 5, containing all properties within the City of Moorpark and all proposed Moorpark Municipal Code text amendments not included in Segments 1 through 4, were to be amended by staff to revise language related to battery storage, on-site open space requirement, and building height limitations for recommendation to City Council. MOTION: Commissioner Alva moved, and Commissioner Di Cecco seconded a motion to Adopt Resolution No. PC-2023-696, recommending that the City Council approve Segment 5 of Zoning Ordinance Amendment No. 2023-01 and make a determination of consistency with the General Plan 2050 Program Environmental Impact Report (EIR), with the following amendments: 1) Revision to Table 17.20.060 (E)(8) to clarify the intent to require that Energy Storage Facilities shall be fully screened from public view, rights- Minutes of the Planning Commission Moorpark, California Page 6 June 22, 2023 of-way, and adjacent properties , but not mandated to be within a building; 2) Revision to Table 17.24.055 Footnote 3 to remove the limitation of three stories while maintaining a maximum height of 60 feet; and 3) Revision to Sections 17 .24.025 and 17.24.055 to not require on site publicly-accessible recreational facilities equal to at least 15% of the project lot area for lots less than 20,000 square feet. The motion carried by roll-call vote 4-0 . 9 . PRESENTATION/ACTION/DISCUSSION: None . 10. CONSENT CALENDAR: None. 11 . ADJOURNMENT: MOTION : Chair Landis moved, and Commissioner Di Cecco seconded a motion to adjourn the meeting. The motion carried by unanimous voice vote of those present. The time was 9:35 p.m . Community Development Director