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HomeMy WebLinkAboutAGENDA REPORT 2023 0926 PC ITEM 10ACITY OF MOORPARK, CALIFORNIA Planning Commission Meeting of September 26, 2023 Item: 10.A. ACTION: Approved Staff Recommendation. BY: J. Lugo A. Consider Approval of the Special Meeting Minutes of August 1, 2023. Staff Recommendation: Approve the minutes. ITEM: 10.A. MINUTES 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 Brodsly. 5.PUBLIC COMMENT: None. 6.REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. Item: 10.A. Page 93 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 LLC). 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 Page 94 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 11p.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 Page 95 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. Page 96 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.”; 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. Page 97 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 Page 98 Minutes of the Planning Commission Moorpark, California Page 7 August 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. Kipp Landis Chair Carlene Saxton Community Development Director Page 99