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Home My WebLink AboutMIN 2023 0926 PC REGMINUTES 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. 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 Sguare- Foot Outdoor Patio in an Existing 5,018 Square -Foot Commercial BuildincL Within an Existin,, 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 adrive-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 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 punter 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 Approvinq 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 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 Recommendinq the City Council Adopt an Ordinance Approving the Second Amendment to the Development Agreement No. 2018-01 between the City of Moorpark and Dal. 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) 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. T a+ Kipp Ad is Chaff Carlene Saxton Community Development Director