HomeMy WebLinkAboutAGENDA REPORT 2023 1024 REG PC ITEM 10ACITY OF MOORPARK, CALIFORNIA
Planning Commission Meeting
of October 24, 2023 Item: 10.A.
ACTION: Approved Staff Recommendation.
BY: J. Lugo
A. Consider Approval of the Regular Meeting Minutes of September 26, 2023. Staff
Recommendation: Approve the minutes.
ITEM: 10.A.
MINUTES OF THE PLANNING COMMISSION
Moorpark, California September 26, 2023
A Regular Meeting of the Planning Commission of the City of Moorpark was held on
September 26, 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 7:00 p.m.
2.PLEDGE OF ALLEGIANCE:
Commissioner Di Cecco 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; Doug
Spondello, Deputy Community Development Director; Philip
Neumann, Associate 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:
None.
Item: 10.A.
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Minutes of the Planning Commission
Moorpark, California Page 2 September 26, 2023
8. PUBLIC HEARINGS:
A. Consider Resolution No. PC-2023-701, Approving Conditional Use Permit
CD-CUP-2023-0017 to Allow a Drive-Through Restaurant (The Habit
Burger Grill) Within a Proposed 2,863 Square-Foot Suite with a 400 Square-
Foot Outdoor Patio in an Existing 5,018 Square-Foot Commercial Building,
Within an Existing Shopping Center, Located at 146 Los Angeles Avenue
(Tuscany Square Shopping Center); and Making a Determination of
Exemption Pursuant to California Environmental Quality Act in Connection
Therewith, on the Application of Milan Capital Management Inc. Staff
Recommendation: 1) Open the public hearing, accept public testimony, and
close the public hearing; and 2) Adopt Resolution No. PC-2023-701
approving Conditional Use Permit CD-CUP-2023-0017 and finding the
project Exempt from the California Environmental Quality Act (CEQA).
(Staff: Phil Neumann)
Associate Planner Neumann gave the staff report and a PowerPoint
presentation.
Questions of staff followed to address: 1) landscaping along the drive-
through area; 2) mitigation efforts that would address a drive-through line
extending into the drive aisle and interfering with parking and circulation;
3) requested restaurant closing time of 10:30p.m. being modified; 4) drive-
through and restaurant closing hours in surrounding area; 5) the drive-
through ability to accommodate additional vehicles as proposed.
Chair Landis opened the public hearing at 7:14 p.m.
Diane Scioli, representing the applicant Milan Capital Management,
answered commission questions regarding proposed patio capture fence,
parking spaces for vehicles waiting on completed orders or quickly picking
up food, spandrel glass windows remaining the same or being replaces
with opaque film, landscaping, and operating hours of proposed tenant,
The Habit.
Chair Landis closed the public hearing at 7:22 p.m.
A discussion followed between the Commissioners and staff regarding the
following: 1) landscaping proposed by applicant and accommodation of
drive-through lane to provide more planter space; 2) condition to
implement traffic mitigation plan should overflowing drive-through become
an issue; and 3) allowing CUP hours to extend to midnight.
MOTION: Commissioner Barrett moved, and Commissioner Hamalainen seconded a
motion to Adopt Resolution No. PC-2023-701 approving Conditional Use Permit
CD-CUP-2023-0017 and finding the project Exempt from the California Environmental
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Minutes of the Planning Commission
Moorpark, California Page 3 September 26, 2023
Quality Act (CEQA), with the following amendments: 1) Prior to issuance of building
permits, applicant shall revise site plan to provide additional width at the westerly
landscape planter adjacent to the drive thru aisle; 2) If significant stacking beyond the
designated drive-through aisle occurs on a regular basis that results in disruptions to
parking and circulation the applicant shall provide a traffic management plan for approval
by the Community Development Director; 3) Revise Condition of Approval No. 16 to
extend the permitted operating hours until midnight. The motion carried by roll-call vote
5-0.
B. Consider Resolution No. PC-2023-700 Recommending the City Council
Adopt an Ordinance Approving the Fourth Amendment to Development
Agreement No. 2012-03 between the City of Moorpark and Essex Moorpark
Owner, L.P., and Making a Determination of Exemption Pursuant to the
California Environmental Quality Act in Connection Therewithin, on the
Application of Dan Johnson of Danco Communities (on Behalf of Moorpark
Casey Road L.P.). Staff Recommendation: Continue the agenda item to
the regular Planning Commission meeting of October 24, 2023. No public
testimony will be taken at the meeting of September 26, 2023. (Staff:
Shanna Farley)
Deputy Director Spondello recommended the Commission continue the
public hearing to the next Regular Planning Commission Meeting.
The public hearing was not opened, and no public testimony was taken.
MOTION: Commissioner Di Cecco moved, and Commissioner Alva seconded a motion
to continue the agenda item to a date certain of October 24, 2023. The motion carried by
unanimous voice vote.
AT THIS POINT in the meeting, Commissioner Di Cecco stated due to a potential conflict
interest he would recuse himself from consideration of Item 8.C. and left the dais. The
time was 7:35 p.m.
C. Consider Resolution No. PC-2023-699 Recommending the City Council
Adopt an Ordinance Approving the Second Amendment to the
Development Agreement No. 2018-01 between the City of Moorpark and
Daly Group, Inc. and Making a Determination of Consistency with the
Previously Adopted Mitigated Negative Declaration Pursuant to the
California Environmental Quality Act in Connection Therewithin. Staff
Recommendation: 1) Open the public hearing, accept public testimony, and
close the public hearing; and 2) Adopt Resolution No. PC-2023-699
recommending the City Council approve the Second Amendment to the
Development Agreement (DA) No. 2018-01 and find the project Exempt
from the California Environmental Quality Act (CEQA). (Staff: Carlene
Saxton)
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Minutes of the Planning Commission
Moorpark, California Page 4 September 26, 2023
Director Saxton gave the staff report.
Chair Landis opened and closed the public hearing at 7:37 p.m.
Commissioners made general comments about affordable housing and
the influence of recent state law.
MOTION: Commissioner Barrett moved, and Commissioner Alva seconded a motion to
Adopt Resolution No. PC-2023-699 recommending the City Council approve the Second
Amendment to the Development Agreement (DA) No. 2018-01 and find the project
Exempt from the California Environmental Quality Act (CEQA). The motion carried by roll-
call vote 4-0, Commissioner Di Cecco recused.
AT THIS POINT in the meeting, Commissioner Di Cecco returned to the dais. The time
was 7:39 p.m.
9. PRESENTATION/ACTION/DISCUSSION:
Deputy Director Spondello notified the Commission that the regular October
meeting will have the continued item from today’s agenda in addition to an alcohol
conditional use permit.
10. CONSENT CALENDAR:
A. Consider Approval of the Special Meeting Minutes of August 1, 2023. Staff
Recommendation: Approve the minutes.
MOTION: Commissioner Alva moved, and Commissioner Di Cecco seconded a motion
to approve the Consent Calendar. The motion carried by unanimous voice vote.
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 7:40 p.m.
Kipp Landis
Chair
Carlene Saxton
Community Development Director
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