HomeMy WebLinkAboutMIN 2023 0801 PC SPCMINUTES OF THE PLANNING COMMISSION
Moorpark, California August 1, 2023
A Special Meeting of the Planning Commission of the City of Moorpark was held on
August 1, 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 7:04 p.m.
A. City Clerk Administers Oath of Office to New Planning Commissioner Kevin
Hamalainen. (Staff: Ky Spangler)
City Clerk Spangler administered the oath of office to Planning Commissioner
Kevin Hamalainen, after the Pledge of Allegiance.
2. PLEDGE OF ALLEGIANCE:
Commissioner Barrett led the Pledge of Allegiance.
3. ROLL CALL:
Administrative Specialist Lugo administered roll call.
Present: Commissioners Alva, Barrett, Di Cecco, Hamalainen and
Chair Landis.
Staff Present: Carlene Saxton, Community Development Director (remote
attendance); Doug Spondello, Deputy Community
Development Director; Philip Neumann, Associate Planner I;
Jeannine Lugo, Administrative Specialist.
4. PROCLAMATIONS AND COMMENDATIONS:
A. Recognition of Former Planning Commissioner Jeff Brods y.
5. PUBLIC COMMENT:
None.
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
None.
Minutes of the Planning Commission
Moorpark, California Page 2 August 1, 2023
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON
MEETINGS/CONFERENCES ATTENDED BY THE COMMISSION:
Deputy Director Spondello introduced the City's new Assistant Planner, Sara
Durghalli.
8. PUBLIC HEARINGS:
A. Consider Resolution No. PC -2023-697, Approving Conditional Use Permit
CD -CUP -2023-0015 to Allow the Sale of Beer, Wine and Distilled Spirits for
On -Site Consumption at a Proposed 2,013 Square -Foot Restaurant with
Live Music and Billiards within an Existing Shopping Center (Varsity Park
Plaza), Located at 14711 Princeton Avenue, Suite 1, and Making A
Determination of Exemption Pursuant to California Environmental Quality
Act in Connection Therewith, on the Application of Gerald Cucco for JR'S
Sports Bar and Grill (on Behalf of Varsity Investments LLCM Staff
Recommendation: 1) Open the public hearing, accept public testimony, and
close the public hearing; and 2) Adopt Resolution No. PC -2023-697
approving Conditional Use Permit CD -CUP -2023-0015 and finding the
project Exempt from the California Environmental Quality Act (CEQA).
(Staff: Philip Neumann)
Associate Planner Neumann gave the staff report and a PowerPoint
presentation.
A discussion followed between the Commissioners and Staff regarding the
following: 1) ABC license possessed by previous business at the proposed
location; 2) applicant's previous businesses mentioned in public comments
are not located in Moorpark and not within the purview of staff's land use
review of the proposed CUP; 3) conditions proposed by staff are consistent
with other restaurants that have been approved by the Commission and
allow for any compliance issues to be addressed should it be needed;
4) standard conditions regarding noise levels are included, in addition to
allowing further regulation at an administrative level should issues arise;
5) ABC Licensing may be submitted before or simultaneous to an
applicant's CUP, but final license will not be released until jurisdiction
approval is given; 6) As proposed, the business layout and license type is
consistent with a restaurant.
Chair Landis opened the public hearing at 7:22 p.m.
Gerald Cucco, applicant, spoke about his historical ownership of
restaurants, JRs restaurant goals in Moorpark, and current restaurant
Palermo's business and menu in Simi Valley. Mr. Cucco provided handout
Minutes of the Planning Commission
Moorpark, California Page 3 August 1, 2023
of the proposed JRs restaurant menu and his restaurant menu for Palermo,
located in Simi Valley.
Discussion amongst applicant and commission included the music to be
expected at establishment regularly consisting of one to three performers;
safety measures of locking up the restaurant alcohol; restaurant logistics
and renovations for proposed use; pool tables availability and coin
operation; proposed Italian menu; why restaurant is proposed to be open
until 11 p.m.; and proposed mitigations against noise concerns.
Pat Miranda, resident, spoke in opposition with concerns due to the
neighboring preschool, potential noise, and presence of a bar.
Ray Taylor, resident, presented questions about concern for the back door
access, closing hours, and the presence of a school in the plaza.
Akif Ertas, zoom speaker, spoke in opposition, expressing a concern to
protect the youth and neighborhood zoning.
Donald Bing, resident, spoke in opposition given the location, a concern for
parking, and worry of the public being a nuisance after business closing.
Mr. Bing urged the Commission to continue the public hearing.
Vicki (last name not provided), resident, spoke in opposition with a concern
for the children attending preschool.
Jennifer McAuley, Little Scholars Montessori Director, spoke in opposition
due to a safety concern for the children, hindrance of the school's
marketability, and lack of notification for the public hearing. Ms. McAuley
answered a commissioner question about the logistics of student pick-up
and drop-off during school hours.
David Yagers, resident, spoke with concerns about children using the roads
for biking or walking to enter the plaza, the safety and serenity of the
neighborhood, and proposed a different property location and various
conditions to mitigate resident's concerns. Mr. Yagers also posed various
questions of applicant.
Andrea Layne, resident, spoke in opposition due to proximity to child's
preschool and safety concern for children, in addition to requesting
conditions limiting the type of liquor served and operating hours.
Michael Navarro, resident, spoke in opposition due to the neighborhood
area, concern for pedestrians accessing the plaza, and noise arising from
the proposed business. Mr. Navarro posed questions about restaurant
Minutes of the Planning Commission
Moorpark, California Page 4 August 1, 2023
management, receipted sales of food versus alcohol, and the public access
to rear doors.
Matt Barker, resident, spoke in opposition due to concern for children's
safety and proximity to residences.
Barnaby Hitzig, resident, spoke in opposition due to concern for the safety
of children attending the Little Scholars Montessori.
Mike Whitmore, resident, spoke in opposition due to residence proximity
and concern for noise the proposed business may generate.
Bonny Whitmore, resident, spoke in opposition with a concern for the
closing times, noise, and smoking.
Bruce Rokos, resident, spoke in opposition and proposed conditions to be
implemented to the CUP should Planning Commission approve.
Gabriella Stouras, zoom participant, spoke in opposition cue to concern for
noise and children's safety as a resident of the property behind the
proposed location.
Staff addressed the following questions and comments from public
speakers: 1) unlawfulness of smoking; 2) staff sent public hearing notices
18 days prior to meeting date despite notification requirement being ten
days; 3) alcohol sales are required to be less than 50% of receipted food,
according to ABC and they will do an inspection to verify such condition;
4) new zoning designation becomes effective August 18, the proposed use
would still be permitted under the new designation; 5) secured doors are
required per ABC and signs may be implemented through CUP conditions
if desired; 6) loitering restrictions may be implemented through signage.
Questions of staff followed to address: 1) the 50% of receipts based off total
sales; 2) ABC rule for a license being allowed near proximity to a school;
3) parking and vehicular traffic concerns on public streets and within plaza
parking; 4) differentiation between a bar and restaurant being proposed;
5) Commission's purview to change conditions of CUP application upon
approval; 6) current parking lot signage restricting parking during specified
hours could be additionally restrictive, cognizant of impact on neighboring
businesses.
Sr. Deputy Holding spoke to address public comments and commission
regarding safety, noise complaints, and discussed in detail the Police
Department approach to new establishments with alcohol licenses in the
City.
Minutes of the Planning Commission
Moorpark, California Page 5 August 1, 2023
At the Commission's request, the Applicant spoke again to address
concerns raised in the public comments. Mr. Cucco discussed the
neighboring liquor store and bartenders being trained to prevent over -
serving. The concern for restaurant hours was discussed and the applicant
consented to potentially closing at 10p.m. Further discussion followed
about the restaurant doors in the back will only be used as emergency exits,
owner's business Palermos in Simi Valley, serving hard liquor at proposed
restaurant and the implications that restricting such would have on the ABC
licenses acquired.
Chair Landis closed the public hearing at 8:58 p.m.
Discussion amongst commission: 1) consideration of restricting the alcohol
being served to beer and wine only; 2) conditioning rear doors to be used
as emergency exits only; 3) implementation of better signage for parking,
smoking, and loitering; 4) modifying operating hours; 5) live music
limitations; 6) square footage of dining area in comparison to other
restaurant space; and 7) impact of pool tables to restaurant atmosphere.
Commission and staff confirmed that modification to CUP may be requested
by the applicant, in the future, for the approval of hard liquor sales and
expanded hours.
CONSENSUS: Following discussion there was a consensus for the Conditional
Use Permit CD -CUP -2023-0015 conditions of approval to be amended as follows:
1) Alcohol service shall be limited to beer and wine. The service of distilled spirits
is prohibited; 2) Applicant shall post signs on the rear door to the business noting
emergency use only. Rear door shall be maintained closed at all times; 3) Prior to
conducting business at the location, the applicant shall cause signs to be posted
within the alley stating, "no parking or deliveries 9p.m. until 7a.m.71; 4) Prior to
conducting business at the location, applicant shall install signs surrounding the
business indicating that loitering is prohibited and that "smoking and vaping are
prohibited per Moorpark Municipal Code"; 5) Modification of condition number 14
to limit business hours (or sale of alcohol) until 9p.m. Sunday through Thursday
and 10p.m. on Friday and Saturday; and 6) The sale of beer and wine within
30 minutes of the restaurant's closure is prohibited.
MOTION: Commissioner Barret moved, and Commissioner Di Cecco seconded a motion
to Adopt Resolution No. PC -2023-697 approving Conditional Use Permit CD -CUP -2023-
0015, as amended by the conditions noted in the Consensus Section above, 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 roll call
vote.
Minutes of the Planning Commission
Moorpark, California Page 6 August 1, 2023
B. Consider Resolution No. PC -2023-698 Recommending to the City Council
Approval of Zoning Ordinance Amendment No. 2023-02 to Modify Table
17.20.060(D)(6) and (8) of the Moorpark Municipal Code to Allow Self -
storage and Welding within the Industrial Flex Zone with an Approved
Conditional Use Permit 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 Resolution No. PC -2023-698
recommending that the City Council make a determination of consistency
with the previously -certified General Plan 2050 Program Environmental
Impact Report (EIR) and adopt an ordinance approving Zoning Ordinance
Amendment No. 2023-02. (Staff: Doug Spondello)
Deputy Director Spondello gave the staff report.
A question of staff was raised to clarify that the Zoning Code modification
proposed is only limited to the mentioned uses in the IF zone and does not
change anything else in the Zoning Code.
Chair Landis opened and closed the public hearing at 9:24 p.m.
Commission discussion included concern for self -storage being added to
the industrial flex zone, the discretionary power of a CUP for future self -
storage approvals, and the City's existing zones with IF designation.
MOTION: Commissioner Di Cecco moved, and Commissioner Alva seconded a motion
to Adopt Resolution No. PC -2023-698 recommending that the City Council make a
determination of consistency with the previously -certified General Plan 2050 Program
Environmental Impact Report (EIR) and adopt an ordinance approving Zoning Ordinance
Amendment No. 2023-02. The motion carried by roll call vote 4-1, Commissioner Barrett
dissenting.
9. PRESENTATION/ACTION/DISCUSSION:
None.
10. CONSENT CALENDAR:
A. Consider Approval of the Regular Meeting Minutes of April 25, 2023. Staff
Recommendation: Approve the minutes.
B. Consider Approval of the Special Meeting Minutes of June 22, 2023. Staff
Recommendation: Approve the minutes
Minutes of the Planning Commission
Moorpark, California Page 7 Auqust 1, 2023
MOTION: Commissioner Hamalainen moved, and Commissioner Di Cecco seconded a
motion to approve the Consent Calendar. The motion carried by unanimous voice vote of
those present.
11. ADJOURNMENT:
MOTION: Chair Landis moved to adjourn the meeting. The time was 9:32 p.m.
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Chair
Carlene Saxton
Community Development Director