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HomeMy WebLinkAboutAG RPTS 2005 0104 PC REGResolution No. PC- 2005 -467 PLANNING COMMISSION REGULAR MEETING AGENDA TUESDAY - JANUARY 4, 2005 7:00 P.M. Moorpark Community Center 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. OATH OF OFFICE: 799 Moorpark Avenue A. City Clerk Administers Oath of Office to the Planning Commission (Staff: Deborah Traffenstedt) ---------------------------------------------------------------------- Any member of the public may address the Commission during the Public Comments portion of the Agenda, unless it is a Public Hearing or a Discussion item. Speakers who wish to address the Commission concerning a Public Hearing or Discussion item must do so during the Public Hearing or Discussion portion of the Agenda for that item. Speaker cards must be received by the Secretary for Public Comment prior to the beginning of the Public Comments portion of the meeting and for Discussion items prior to the beginning of the first item of the Discussion portion of the Agenda. Speaker Cards for a Public Hearing must be received prior to the beginning of the Public Hearing. A limitation of three minutes shall be imposed upon each Public Comment and Discussion item speaker. A limitation of three to five minutes shall be imposed upon each Public Hearing item speaker. Written Statement Cards may be submitted in lieu of speaking orally for open Public Hearings and Discussion items. Copies of each item of business on the agenda are on file in the office of the Community Development Department /Planning and are available for public review. Any questions concerning any agenda item may be directed to the Community Development Department at 517 -6233. Planning Commission Agenda January 4, 2005 Page No. 2 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: A. Consider Selection of Chair and Vice Chair Mark DiCecco Kipp Landis Robert Peskay Scott Pozza Mark Taillon Staff Recommendation: 1) Open the floor to nominations for a Chair; 2) Once sufficient nominations have been made,; close the nominations and vote; 3) Open the floor for nominations for a Vice Chair; and 4) Once sufficient nominations have been made, close the nominations and vote. (Staff: Barry Hogan) There will be brief recess to allow the Chair and Vice -Chair to be seated. 5. 7. 8. REORDERING OF, AND ADDITIONS TO THE AGENDA: CONSENT CALENDAR: A. Planning Commission December 7, 2004 PUBLIC COMMENTS: PUBLIC HEARINGS: (next Resolution No. 2005 -467) Regular Meeting Minutes of A. Consider Conditional Use Permit No. 2004 -04, a Request for a Conditional Use Permit to Allow a Maximum of r'our (4) Restaurant Uses to Serve Alcoholic Beverages in Conjunction with Food Service and One Retail Store Selling Premium Wine, Liquor, Cigars and Related Accessories at the LA Spring Shopping Center (CPD No 2002 -01), Located at the Northeast Corner of New Los Angeles Avenue and Spring Road, on the Application of GreeneWay Development, Inc. (Staff: Barry Hogan) Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC -2005- approving S: \Community Development \ADMIN \COMMISSION \AGENDA \2005 \05_0104 pca.doc Planning Commission Agenda January 4, 2005 Page No. 3 Conditional Use Permit No. 2004 -04, subject to conditions. B. Consider Zoning Ordinance Amendment No 2004 -05, a Request to Amend Chapter 17.74 of the Moorpark Municipal Code Relating to the Develo ment Standards of Specific Plan No. 2; and Residential Planned Development Nos. 2004 -02 and -03, for Construction of a Total of 132 Single-Family, Detached Residential Units within Specific Plan No. 2, Located Approximately One -half Mile North of the Northerly Terminus of Spring Road and Three - fourths of One Mile East -of Walnut Canyon Road, on the Application of Pardee Homes. (Assessor Parcel Numbers: Portions of 500 -0- 270 -07, 500 -0- 027 -08, 500 -0- 270 -19, 500- 0 -270- 20, 500 -0- 024 -03, 500 -0- 024 -04, 500 -0- 024 -22, 500 -0- 024-23) (Staff: Scott Wolfe) Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC -2004- recommending to the City Council conditional approval of Zoning Ordinance Amendment No. 2004 -05, Residential Planned Development Permit No. 2004 -02, and Residential Planned Development Permit No. 2004 -03. C. Consider Conditional Use Permit No. 2004 -06, A Conditional Use Permit to Allow the Sale and Consumption of Alcoholic Beverages (in Addition to Beer and Wine) in Conjunction with Food Service at 255 E. High Street (Secret Garden Restaurant) on the Application of Michel Bardavid (APN 512 -0- 093 -18) (Staff: Joseph Fiss) Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC -2005- conditionally approving Conditional Use Permit 2004 -06. 9. DISCUSSION ITEMS: An Project Introduction of Residential Planned Development Permit No. 2003 -04, General Plan Amendment 2003 -04, Zone Change 2003 -03, Tentative Tract Map No 5463, an Expansion of the Country Club Estates Project on 43.3 Acres Located on the North Side of S: \Community Development \ADMIN \COMMISSION \AGENDA \2005 \05 -0104 pca.doc Planning Commission Agenda January 4, 2005 Page No. 4 Championship Drive, East of Grimes Canyon Road and Residential Planned Development Permit No. 1994 -01 Modification No. 6, General Plan Amendment 2003 -04, Zone Change 2003 -03, Tentative Tract Map No 5464, an Expansion of the Country Club Estates Project on 28.69 Acres Located North of Championship Drive, West of Walnut Canyon Road; on the Application of Toll Brothers, Inc. (Staff: Joseph Fiss) Staff Recommendation: Receive and File. B. Consider Regular Meeting Schedule, Time and Place. Staff` Recommendation: Adopt a regular meeting schedule to be the fourth (4th) Tuesday of each month starting at 7 :00 p.m. at the Moorpark City Hall Council Chambers, 799 Moorpark Avenue, Moorpark, CA 93021, commencing on the fourth (4th) Tuesday of January, 2005 (January 25). (Staff: Laura Stringer) C. Consider Electronic Agenda Packets for Plannin Commissioners. No Agenda Report (Staff: Barry Hogan) D. Consider Brown Act Requirements /Questions No Agenda Report (Staff: Barry Hogan) 10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: A. January 25, 2005 • Conditional Use Permit No. 2004 -05 - Garrett Custom Trailers B. February 22, 2005 11. ADJOURNMENT: --------------------------------------------------------------------------------------------------------------------------- In compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk's Department at (805) 517 -6223. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting (28 CFR 35.102- 35.104; ADA Title II). S: \Community Development \ADMIN \COMMISSION \AGENDA \2005 \05_0104 pca.doc ITEM: 4. A. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Director Prepared By: Laura Stringer, Senior Manageme t Analyst DATE: December 1, 2004 (PC Meeting of 1/4/2005) DIY SUBJECT: Consider Selection of Chair and Vice Chair U BACKGROUND /DISCUSSION Municipal Code Section 2.36.080 and Section 3.1 of Resolution PC 2004 -466 (Rules of Procedure for Commission Meetings and Related Functions and Activities) require the Planning Commission to select a Chair and Vice Chair from among the appointed members at the first regular meeting of each year. Each such selection shall be by three (3) or more affirmative votes. Additionally, each person so selected shall serve until the end of a one -year term or until a successor is chosen (at any time) by three (3) or more affirmative votes. STAFF RECOMMENDATION 1. Open the floor to nominations for a Chair; 2. Once sufficient nominations have been made, close the nominations and vote; 3 Open the floor for nominations for a Vice Chair; 4 Once sufficient nominations have been made, close the nominations and vote. \ \Mor_pri_sery \City Share \Community Development \ADMIN \COMMISSION \P C POLICIES \agenda reports \2005 \pc 050104 select chair.doc 004,1001 ITEM: 6.A. Planning Commission, City of Moorpark, California Minutes of December 7, 2004 Paae 1 1 The Regular meeting of the Planning Commission was held on 2 December 7, 2004, in the City Council Chambers; Moorpark Civic 3 Center; 799 Moorpark Avenue; Moorpark, California; 93021. 4 1. CALL TO ORDER: 5 Chair Pozza called the meeting to order at 7:05 p.m. 6 2. PLEDGE OF ALLEGIANCE: 7 Commissioner Landis led the Pledge of Allegiance. 8 3. ROLL CALL: 9 Commissioners DiCecco, Landis and Peskay, Vice Chair 10 Lauletta and Chair Pozza were present. 11 Staff attending the meeting included Barry Hogan, Community 12 Development Director; David Bobardt, Planning Manager; and 13 Laura Stringer, Senior Management Analyst. 14 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: 15 None. 16 5. REORDERING OF, AND ADDITIONS TO THE AGENDA: 17 None. 18 6. CONSENT CALENDAR: 19 A. Regular Meeting Minutes of November 16, 2004. 20 MOTION: Chair Pozza moved and Commissioner Peskay seconded 21 a motion that the Planning Commission Regular Meeting 22 Minutes of November 16, 2004, be approved. 23 (Motion passed with a unanimous 5:0 voice vote.) 24 7. PUBLIC COMMENTS: 25 None. 26 8. PUBLIC HEARINGS: 27 (next Resolution No. 2004 -467) \ \Mor_pri_sery \City Share \Community Development \ADMIN \COMMISSION \MINUTES \2004 Draft \04_1207_pcm.doc ®6C002 Planning Commission, City of Moorpark, California Minutes of December 7, 2004 Paae 2 1 A. Consider Zoning Ordinance Amendment No. 2004 -05, a 2 Request to Amend Chapter 17.74 of the Moorpark 3 Municipal Code Relating to the Development Standards 4 of Specific Plan No. 2; and Residential Planned 5 Development Nos. 2004 -01, -02, and -03, for 6 Construction of a Total of 133 Single- Family Detached 7 Residential Units and 99 Condominium Units within 8 Specific Plan No. 2, Located Approximately One -half 9 Mile North of the Northerly Terminus of Spring Road 10 and Three - fourths of One Mile East of Walnut Canyon 11 Road, on the Application of Pardee Homes. (Assessor 12 Parcel Numbers: Portions of 500 -0- 270 -07, 500- 0 -027- 13 08, 500 -0- 270 -19, 500 -0- 270 -20, 500 -0- 024 -03, 500 -0- 14 024 -04, 500 -0- 024 -22, 500 -0- 024 -23) (Continued from 15 the meeting of November 16, 2004) 16 Staff Recommendation: Close the public hearing, remove 17 from calendar and direct staff to re- advertise and re- 18 notice the public hearing after the application issues 19 have been resolved. 20 Mr. Hogan presented the agenda report and stated that 21 issues regarding the application had not yet been resolved, 22 and that the project should be removed from the calendar 23 and would be re- noticed and re- advertised for a public 24 hearing in 2005. 25 The Commission had no questions of staff. 26 Chair Pozza closed the public hearing. 27 MOTION: Commissioner Peskay moved and Commissioner Landis 28 seconded a motion to approve staff recommendation. 29 (Motion passed with a unanimous 5:0 voice vote.) 30 9. DISCUSSION: 31 None. 32 10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: 33 (Future agenda items are tentative and are subject to rescheduling.) 34 A. December 21, 2004 Planning Commission Meeting: 35 • Possible cancellation 36 B. January 4, 2005 .Planning Commission Meeting: \ \Mor_pri_sery \City Share \Community Development \ADMIN \COMMISSION \MINUTES \2004 Draft \04_1207_pcm.doc 000003 Planning Commission, City of Moorpark, California Minutes of December 7, 2004 Paae 3 1 • Select Chair and Vice Chair 2 • Set Regular Meeting Date, Place and Time 3 • Conditional Use Permit No. 2004 -04; GreeneWay 4 Development 5 • Conditional Use Permit No. 2004 -06; Secret Garden 6 Mr. Hogan briefly discussed future agenda items and 7 confirmed that the December 21, 2004, meeting would be 8 cancelled. He stated that the next regular meeting would be 9 held on January 4, 2005, by the new Commission if 10 appointments occur by December 15, 2004. He stated that if 11 the new Commission is seated, nominations for a new Chair 12 and Vice Chair and the new meeting date would be 13 considered; however, if a new Commission is not appointed 14 by December 15, 2004, the existing Commission would conduct 15 the January 4, 2005 Regular meeting. 16 11. ADJOURNMENT: 17 MOTION: Vice Chair Lauletta moved and Commissioner Landis 18 seconded a motion to adjourn the meeting. 19 (Motion carried with a unanimous 5:0 voice vote.) 20 The meeting was adjourned at 7:13 p.m. 21 22 23 ATTEST: 24 25 Scott Pozza, Chair Barry x. Hogan, community Development Director \ \Mor_pri_sery \City Share \Community Development \ADMIN \COMMISSION \MINUTES \2004 Draft \04_1207_pcm.doc 000"' 004 ITEM: 8.A. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Direc Prepared by Paul Porter, Principal Planne DATE: December 10, 2004 (PC Meeting of 1/04/2005) SUBJECT: Consider Conditional Use Permit No. 2004 -04, a Request for a Conditional Use Permit to Allow a Maximum of Four (4) Restaurant Uses to Serve Alcoholic Beverages in Conjunction with Food Service and One Retail Store Selling Premium Wine, Liquor, Cigars and Related Accessories at the LA Spring Shopping Center (CPD No. 2002 -01), Located at the Northeast Corner of New Los Angeles Avenue and Spring Road, on the Application of GreeneWay Development, Inc. BACKGROUND On June 4, 2003, the City Council adopted Resolution No. 2003 -2091 approving Commercial Planned Development Permit No. 2002 -01 for a 21,786 square foot shopping center expansion project on approximately 2.29 acres, located on the northeast corner of New Los Angeles Avenue and Spring Road. This project is nearing the completion of construction. On October 6, 2004, GreeneWay Development, Inc. submitted a Conditional Use Permit (CUP) application requesting approval to allow a maximum of four (4) restaurants to serve alcoholic beverages in conjunction with food service. A public hearing was scheduled for the Planning Commission on November 16, 2004, however the item was taken off calendar without opening the public hearing, at the request of the applicant, to allow for a revision to the permit request. A revised application was submitted to also include one (1) retail store selling premium wine, liquor, cigars and related accessories as part of the Conditional Use Permit request. This Conditional Use Permit has been re- advertised and is now ready for Planning Commission consideration. 00(100-. S: \Community Development \DEV PMTS \C U P \2004 \04 Greeneway \Agenda Rpts \PC Agenda Report010405.doc Honorable Planning Commission January 4, 2005 Page 2 DISCUSSION Project Setting Existing Site Conditions: The shopping center expansion under construction consists of three (3) single -story commercial buildings within an existing neighborhood retail center. The project site already has been developed with a McDonald's restaurant, Blockbuster Video and Starbuck's Coffee store. GENERAL PLAN /ZONING Direction Zoning General Plan Land Use Site ............................... ......... ..... .............. . ........................................ CPD ........................................ . ............... .......... ................................... ............................................................. C -2 .................................................. . Shopping Center ............................ _._...................................................._ North PD -15du VH ........................ .... ........................................... _.. Residential Condominiums and ................................................ ............................ ...._ ... _ ............. ..... _ ...... _._. ................ Apartments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . South CPD C -2 Gas Station and Shopping .............................................................................................................................................................. ............................_._ ._._. Center . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... . East ............................................................................................................................................................ RPD -15du ............................._. VH . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . ....... . . Residential Apartments West R -1 M Single- family Residential General Plan and Zoninq Consistencv: Chapters 17.20 of the Municipal Code require a Planning Commission approved Conditional Use Permit for liquor stores as well as for on -site consumption of alcoholic beverages in conjunction with food service, if the project is within one - hundred (100') feet of residentially -zoned property. Proposed Project Hours of Operation: No limit to the hours of operation was specified in Resolution No. 2003 -2091, which approved construction of the shopping center expansion project. However, limits to the hours that businesses may serve alcohol for Commercial Planned Development Permit has been suggested by the Police Department. A Condition of Approval limiting the hours of alcoholic beverage service for the restaurants from 10:00 A.M. to 10:00 P.M. is included in the draft resolution. The retail store selling liquor for off -site consumption has a staff - recommended Condition of Approval requiring that it be closed between the hours of 12:00 A.M. and 6:00 A.M. 00(300G Honorable Planning Commission January 4, 2005 Page 3 Police Department Comments: The Police Department has reviewed this proposal and has no opposition to the approval of the request with recommended Conditions of Approval. These conditions have been included in the draft resolution. ANALYSTS Issues Staff analysis of the proposed project has identified the following area for Planning Commission consideration in their analysis of this project: Over - concentration of Establishments Selling Alcoholic Beverages This project is within Census Tract 76.02 which is bounded on the north by High Street and Poindexter Avenue, on the east and south by the Arroyo Simi and on the west by Hitch Road. The State's Department of Alcoholic Beverage Control (ABC) noted that this census tract has an over - concentration of points of sale, as there is either an elevated number of reported crimes or the ratio of licensed point of sales exceeds the ratio of licenses for the census tract population. When an over - concentration is determined, the City is granted the authority under AB 2897 to make findings of Public Convenience and Necessity that can result in a subsequent approval of the alcoholic beverage service location. Although an over - concentration has been determined to exist by ABC, a license to allow the sale of alcoholic beverages including liquor can be approved. An ABC permit for each facility would be valid for a one (1) year period. In this case, the over - concentration is related to the boundaries of Census Tract 76.02, which primarily encompass the commercial and industrial core of Moorpark. Other census tracts in the City, such as 76.06 (northwestern portion of City, 76.07 (Mountain Meadows south of Tierra Rejada) and 76.08 (Peach Hill and Mountain Meadows north of Tierra Rejada) have very little land zoned for commercial uses and therefore few businesses that sell alcoholic beverages. There are no other areas of concern relative to this application with the inclusion of the draft conditions that minimize potential problems related to the sale of alcoholic beverages. Alcoholic beverage service at the restaurants would be limited to 10:00 A.M. to 10:00 P.M., may only occur with food service, and may not comprise more than 500 of the gross sales of food. In addition, permits will be required for events that include live Honorable Planning Commission January 4, 2005 Page 4 entertainment, any safety or security concerns must be corrected upon written notice by the City, employees involved in the serving of alcoholic beverages must attend training from the State Department of Alcoholic Beverage Control (ABC), and all conditions imposed by either the City or ABC must be met. The retail store selling alcoholic beverages for off -site consumption has a proposed condition to be closed between the hours of 12:00 A.M. and 6:00 A.M., along with other conditions for security and nuisance avoidance. Findings Conditional Use Permit Findings: A. The proposed uses are consistent with the provisions of the City's General Plan, Zoning Ordinance and any other applicable regulations in that the commercial project has previously been approved for restaurant and retail uses as allowed under the City's Zoning Ordinance. B. The proposed uses as conditioned are compatible with both existing and permitted land uses in the surrounding area in that the commercial project, as an expansion of existing commercial uses on the site, has previously been approved for restaurant and retail uses under Commercial Planned Development No. 2002 -01. C. The proposed uses are compatible with the scale, visual character and design of the surrounding properties in that the design complements previously approved projects in the area of the development. D. The proposed uses as conditioned would not be obnoxious or harmful or impair the utility of the neighboring properties or uses as it is consistent with other approved commercial projects within the city. E. The proposed uses would not be detrimental to the public health, safety, convenience, or welfare, as the project has been conditioned to protect the public's health and safety. F. The uses will not result in an over - concentration in the area of establishments selling alcoholic beverages in that the project site is located in the commercial core of Moorpark where restaurants are expected uses. G. The uses will serve a public convenience. Allowing service of alcoholic beverages in conjunction with food service is secondary and incidental to the food service use. Nearby residents would be able to reduce vehicular travel distance when desiring to purchase this product. O 1008 Honorable Planning Commission January 4, 2005 Page 5 H. The uses will not increase the need for police services. Adherence to the conditions will eliminate the need for additional police service as a result of alcoholic beverage service in conjunction with food service I. The requested uses at the proposed location will not adversely affect the economic welfare of the community. The site is zoned Commercial Planned Development (CPD) and the commercial project has previously been approved by the City Council. J. The exterior appearance of the buildings will not be inconsistent with the external appearance of commercial structures already constructed or under construction on surrounding properties, or within the immediate neighborhood so as to cause blight, deterioration or substantially diminish or impair property values within the neighborhood. Restaurants within the commercial development will not require external modifications to the buildings as a result of the alcoholic beverage service. ENVIRONMENTAL DETERMINATION In accordance with the City's environmental review procedures adopted by resolution, the Community Development Director determines the level of review necessary for a project to comply with the California Environmental Quality Act (CEQA). Some projects may be exempt from review based upon a specific category listed in CEQA. Other projects may be exempt under a general rule that environmental review is not necessary where it can be determined that there would be no possibility of significant effect upon the environment. A project which does not qualify for an exemption requires the preparation of an Initial Study to assess the level of potential environmental impacts. Based upon the results of an Initial Study, the Director may determine that a project will not have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient environmental documentation. If the Director determines that a project has the potential for significant adverse impacts and adequate mitigation cannot be readily identified, an Environmental Impact Report (EIR) is prepared. The Community Development Director has determined that this project is consistent with the findings of the Negative Declaration and any amendments thereto approved in connection with the LA Spring 0001009 Honorable Planning Commission January 4, 2005 Page 6 shopping center project (CPD No. 2002 -01) and that no additional environmental documentation is necessary. PROCESSING TIME LIMITS Time limits have been established for the processing of development projects under the Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the Subdivision Map Act (Government Code Title 7, Division 2), and the California Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13, and California Code of Regulations, Title 14, Chapter 3). Under the applicable provisions of these regulations, the following timelines have been established for action on this project: Date Application Deemed Complete: November 5, 2004 Planning Commission Action Deadline: January 23, 2005 STAFF RECOHMNDATION 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC -2005- approving Conditional Use Permit No. 2004 -04, subject to conditions. ATTACHMENTS: 1. Location Map 2. Site Plan 3. Draft Resolution No. PC -2005- with Conditions of Approval ®cfl of o 0 J, T ev, A113 oc,X, OFF" ISIVRY ..... .... ........ KEYNOTES O 'MM."M NEW LOS ANGELES AVENUE [) 5 t - .. ..... .. . ..... . . .... .. . . . ..... ....... .. . . . .......... . Pittman MOORPARK SPRINGS SHOPPING CENTER GREENEWAY d—l. --t. i- NEWLOS ANGELES AVE. & SPRING ROAD 21�3�5 11-nd - 20. -4800 MOORPARK, CA 93021 LARRY OREM MW 8?Q PC ATTACHMENT 2 000032 t ci L ----------------- A113 oc,X, OFF" ISIVRY ..... .... ........ KEYNOTES O 'MM."M NEW LOS ANGELES AVENUE [) 5 t - .. ..... .. . ..... . . .... .. . . . ..... ....... .. . . . .......... . Pittman MOORPARK SPRINGS SHOPPING CENTER GREENEWAY d—l. --t. i- NEWLOS ANGELES AVE. & SPRING ROAD 21�3�5 11-nd - 20. -4800 MOORPARK, CA 93021 LARRY OREM MW 8?Q PC ATTACHMENT 2 000032 RESOLUTION NO. PC -2005- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2004 -04 TO ALLOW A MAXIMUM OF FOUR (4) RESTAURANT USES TO SERVE ALCOHOLIC BEVERAGES IN CONJUNCTION WITH FOOD SERVICE AND ONE (1) RETAIL STORE SELLING PREMIUM WINE, LIQUOR, CIGARS AND RELATED ACCESSORIES AT THE LA SPRING SHOPPING CENTER (CPD NO. 2002 -01) LOCATED AT THE NORTHEAST CORNER OF NEW LOS ANGELES AVENUE AND SPRING ROAD ON THE APPLICATION OF GREENEWAY DEVELOPMENT, INC. (ASSESSOR PARCEL NO. (512 -0- 180 -09) WHEREAS, at a duly noticed public hearing on January 4, 2005, the Planning Commission considered Conditional Use Permit No. 2004 -04, on the application of GreeneWay Development, Inc, to allow for the service of alcoholic beverages in conjunction with food service at a maximum of four (4) restaurants and one (1) retail store selling premium wine, liquor, cigars and related accessories at the LA Spring shopping center located at the northeast corner of Los Angeles Avenue and Spring Road (Assessor Parcel No. 512 -0- 180 -09); and WHEREAS, at its meeting of January 4. 2005, the Planning Commission considered the agenda report and any supplements thereto and written public comments, opened the public hearing, took and considered public testimony both for and against the proposal, closed the public hearing, and reached a decision on this matter; and WHEREAS, the Community Development Director has determined that this project is consistent with the findings of the Negative Declaration and any amendments thereto approved in connection with the LA Spring shopping center project (CPD No. 2002 -01) and that no additional environmental documentation is necessary. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTATION: The Planning Commission concurs with the finding of the Community Development Director that this project is consistent with the findings of the Negative Declaration and any amendments thereto approved in S: \Community Development \DEV PMTS \C U P \2004 \04 Greeneway \Reso \PC Reso.doc PC ATTACHMENT 3 Resolution No. PC -2005- Page 2 connection with the LA Spring Shopping Center project (CPD No. 2002 -01) and that no additional environmental documentation is necessary. SECTION 2. CONDITIONAL USE PERMIT FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the Planning Commission makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.040(D): A. The proposed uses are consistent with the provisions of the City's General Plan, Zoning Ordinance and any other applicable regulations in that the commercial project has previously been approved for restaurant and retail uses as allowed under the City's Zoning Ordinance. B. The proposed uses as conditioned are compatible with both existing and permitted land uses in the surrounding area in that the commercial project, as an expansion of existing commercial uses on the site, has previously been approved for restaurant and retail uses under Commercial Planned Development No. 2002 -01. C. The proposed uses are compatible with the scale, visual character and design of the surrounding properties in that the design complements previously approved projects in the area of the development. D. The proposed uses as conditioned would not be obnoxious or harmful or impair the utility of the neighboring properties or uses as it is consistent with other approved commercial projects within the city. E. The proposed uses would not be detrimental to the public health, safety, convenience, or welfare, as the project has been conditioned to protect the public's health and safety. F. The uses will not result in an over - concentration in the area of establishments selling alcoholic beverages in that the project site is located in the commercial core of Moorpark where restaurants are expected uses. G. The uses will serve a public convenience. Allowing service of alcoholic beverages in conjunction with food service is secondary and incidental to the food service use. Nearby residents would be able to reduce vehicular travel distance when desiring to purchase this product. 000014 Resolution No. PC -2005- Page 3 H. The uses will not increase the need for police services. Adherence to the conditions will eliminate the need for additional police service as a result of alcoholic beverage service in conjunction with food service. I. The requested uses at the proposed location will not adversely affect the economic welfare of the community. The site is zoned Commercial Planned Development (CPD) and the commercial project has previously been approved by the City Council. J. The exterior appearance of the buildings will not be inconsistent with the external appearance of commercial structures already constructed or under construction on surrounding properties, or within the immediate neighborhood so as to cause blight, deterioration or substantially diminish or impair property values within the neighborhood. Restaurants within the commercial development will not require external modifications to the buildings as a result of the alcoholic beverage service. SECTION 3. PLANNING COMMISSION APPROVAL: The Planning Commission hereby approves Conditional Use Permit No. 2004 -04 subject to the Conditions of Approval included in Exhibit A (Conditions of Approval), attached hereto and incorporated herein by reference. SECTION 4. CERTIFICATION OF ADOPTION: The Community Development Director shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: NOES: ABSTAIN: ABSENT: 000015 Resolution No. PC -2005- Page 4 PASSED, AND ADOPTED this 4th day of January, 2005. Chair ATTEST: Barry K. Hogan Community Development Director Exhibit A: Conditions of Approval 00001G Resolution No. PC -2005- Page 5 EXHIBIT A CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2004 -04 General Conditions 1. The applicant's acceptance of this permit and /or commencement of construction and /or operations under this permit shall be deemed to be acceptance of all conditions of this permit. 2. The Conditions of Approval of this permit, City of Moorpark Municipal Code and adopted City policies at the time of the permit approval supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on plans. 3. Conditions of this entitlement shall not be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. 4. The applicant shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning the permit, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37. The City will promptly notify the applicant of any such claim, action or proceeding, and if the City should fail to do so or should fail to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. a. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding, if both of the following occur: i. The City bears its own attorney fees and costs; ii. The City defends the claim, action or proceeding in good faith. 000017 Resolution No. PC -2005- Page 6 b. The applicant shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the applicant. The applicant's obligations under this condition shall apply regardless of whether a building permit is ultimately obtained, or final occupancy is ultimately granted with respect to the permit. 5. If any of the conditions or limitations of this approval are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 6. Conditional Use Permit No. 2004 -04 may be revoked, modified, or suspended by the City, if any of the causes listed in Section 17.44.100(B) of the Zoning Code are found to apply, including if the use for which the permit was granted has not been exercised for at least twelve (12) consecutive months, has ceased to exist, or has been abandoned. The discontinuance for a period of one hundred eighty (180) or more days of a nonconforming use or a change of nonconforming use to a conforming use constitutes abandonment and termination of the nonconforming status of the use. 7. The development shall be in substantial conformance with the plans presented in conjunction with the application for Conditional Use Permit No. 2004 -04, except any modifications as may be required to meet specific Building Code and Zoning Code standards or other conditions stipulated herein. 8. All conditions of Commercial Planned Development No. 2002- 01, as amended, shall continue to apply. 9. All necessary permits shall be obtained from the Building and Safety Department and all construction shall be in compliance with the Moorpark Building Code and all other applicable regulations. 10. Approval of a Zoning Clearance shall be required prior to the issuance of building permits. All other permit and fee requirements must be met. Conditions Specific to Restaurant Uses Selling Alcoholic Beverages 11. Approval of this Conditional Use Permit does not imply the approval of any restaurant use for the center. Each restaurant use shall meet the parking requirements along with any other applicable requirements of the City. 000018 Resolution No. PC -2005- Page 7 12. A maximum of four (4) restaurants may be allowed to sell alcoholic beverages at the LA Spring Shopping Center (CPD 2002 -01) as identified in the application for Conditional Use Permit No. 2004 -04. 13. Sales, service or consumption of alcoholic beverages for the restaurants shall be permitted only between the hours of 10:00 A.M. and 10:00 P.M. each day of the week. 14. Entertainment is not approved as part of this Conditional Use Permit and shall require approval of a separate permit for each restaurant that has entertainment. 15. Security personnel shall be provided to monitor the parking area(s) designated for use by customers of the restaurant during any activity that may require the need for additional security. The applicant shall work with the Police Department and Community Development Department staff to determine which activities shall require additional security. The owner /manager shall be required to obtain Temporary Use Permit approval from the City of Moorpark when a scheduled activity could create a need for increased police presence. The only exception shall be for special events held by Moorpark based non - profit groups. 16. The applicant /proprietor shall reimburse the City of Moorpark for any additional police or other costs incurred by the City as a result of operations of the restaurant, including 150 overhead on any such services. 17. At all times when the restaurants are open for business, the sale /service of alcoholic beverages shall be made only in conjunction with the sale /service of food. 18. There shall be no "walk -in" alcohol service for non - restaurant /banquet customers. Alcoholic beverages may only be sold /served to patrons of the facility during dining and /or banquet events. 19. There shall be no alcohol service at the conclusion of events. 20. No person under the age of eighteen (18) shall serve alcoholic beverages. 21. All exterior areas of the site, including parking areas under use by the restaurant, shall be maintained free of litter and debris at all times. 22. The facility shall at all times maintain records which reflect separately the gross sale of food and the gross 000019 Resolution No. PC -2005- Page 8 sales of alcoholic beverages of the business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the Moorpark Police Department upon demand. 23. Areas inside the establishment open to customers shall be illuminated sufficiently to allow the identification of persons. 24. The applicant or his /her designee shall be responsible to police the exterior of the business to assure that no alcoholic beverages are consumed within the parking lot. The applicant shall not permit any loitering in the parking lot or in areas adjacent to the facility. 25. No exterior advertising of any kind or type is allowed promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages that are clearly visible to the exterior shall constitute a violation of this condition. 26. The permittee must correct any safety or security problem within thirty (30) days upon written notice of such a problem from the Moorpark Police Department. 27. Any and all employees directly involved or supervising the sale /service of alcoholic beverages shall provide evidence and the business shall maintain records that employees have: a. Received training from the State of California Department of Alcoholic Beverage Control `Leadership and Education in Alcohol and Drugs" LEAD program in the form of an ABC issued certificate. b. The Owner /Manager shall confirm with the California Department of Alcoholic Beverage Control within fifteen (15) days of hire any new employee has been scheduled with the local (Santa Barbara ABC office) to attend the LEAD program course. Alternatively, this course attendance requirement may be met through a Lead certified agency or company approved by the State of California. 000020 Resolution No. PC -2005- Page 9 Conditions Specific to the Retail Establishment Selling Alcoholic Beverages for Off -site Consumption 28. A maximum of one (1) retail store may sell alcoholic beverages for off -site consumption at the LA /Spring Shopping Center (CPD 2002 -01), as identified in the application for Conditional Use Permit No. 2004 -04. 29. The retail store selling alcoholic beverages for off -site consumption shall close for business between the hours of 12:00 A.M. and 6:00 A.M. 30. No person under the age of eighteen shall sell alcoholic beverages. 31. The applicant /proprietor shall reimburse the City of Moorpark for any additional police or other costs incurred by the City as a result of operations of the retail store selling alcoholic beverages for off -site consumption, including 150 overhead on any such services. 32. The applicant or his /her designee shall be responsible to police the exterior of the business to assure that no alcoholic beverages are consumed within the parking lot. The applicant shall not permit any loitering in the parking lot or in areas adjacent to the facility. 33. The facility shall at all times maintain records which reflect separately the gross sale of alcoholic beverages of the business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the Moorpark Police Department upon demand. 34. Areas inside the establishment open to customers shall be illuminated sufficiently to allow the identification of persons. 35. No exterior advertising of any kind or type is allowed promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages that are clearly visible to the exterior shall constitute a violation of this condition. 36. Closed - circuit television cameras shall provide monitoring and recording of the sales counter to show employee /customer transactions, as well as, any reach -in refrigerators and the floor area. This system should have the capability to record 24 hours. This system shall be 000021 Resolution No. PC -2005- Page 10 protected from access by employees and customers. The quality of the system will be such that the recorded pictures are clear and people are identifiable. 37. A drop safe shall be installed and employees shall be encouraged to keep a minimum of cash in the register. 38. The permittee must correct any safety or security problem within thirty (30) days upon written notice of such a problem from the Moorpark Police Department. 39. Any and all employees directly involved or supervising the sale of alcoholic beverages shall provide evidence and the business shall maintain records that employees have: a. Received training from the State of California Department of Alcoholic Beverage Control "Leadership and Education in Alcohol and Drugs" LEAD program in the form of an ABC issued certificate. b. The Owner /Manager shall confirm with the California Department of Alcoholic Beverage Control within 15 days of hire any new employee has been scheduled with the local (Santa Barbara ABC office) to attend the LEAD program course. Alternatively, this course attendance requirement may be met through a Lead certified agency or company approved by the State of California. - End - 000022 ITEM: 8.11. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Director Prepared by: Scott Wolfe, Principal Planner Id DATE: December 10, 2004 (PC Meeting of 1/4/05) SUBJECT: Consider Zoning Ordinance Amendment No. 2004 -05, a Request to Amend Chapter 17.74 of the Moorpark Municipal Code Relating to the Development Standards of Specific Plan No. 2; and Residential Planned Development Nos. 2004 -02 and -03, for Construction of a Total of 132 Single - Family, Detached Residential Units within Specific Plan No. 2, Located Approximately One -half Mile North of the Northerly Terminus of Spring Road and Three- fourths of One Mile East of Walnut Canyon Road, on the Application of Pardee Homes. (Assessor Parcel Numbers: Portions of 500 -0- 270 -07, 500 -0- 027 -08, 500 -0- 270 -19, 500 -0- 270 -20, 500 -0- 024 -03, 500 -0- 024 -04, 500 -0- 024 -22, 500 -0- 024 -23) BACKGROUND On September 15, 1999, a General Plan Amendment, Specific Plan, Zone Change, and Development Agreement were approved by the City Council for Specific Plan Area No. 2 (Moorpark Highlands). Vesting Tentative Tract Map No. 5045, which included the entire Specific Plan area, was approved on August 2, 2000. On April 15, 2004, Pardee Homes submitted Residential Planned Development (RPD) Permit applications 2004 -01, 2004 -02, and 2004 -03 for Planning Areas 5 (102 attached condominiums), 8 (37 single - family, detached houses) and 9 (95 single - family, detached houses) respectively. The Planning Commission opened a public hearing for these applications on November 16, 2004, and continued the agenda item with the hearing open to allow the applicant to make minor changes to the project. The public hearing was closed on December 7, 2004, when the changes were not ready for Planning Commission review. No public testimony was given at either of these meetings. RPD Permit applications 2004 -02 and 2004 -03 for Planning Areas 8 and 9, along with an application to amend certain zoning standards specific to S: \Community Development \DEV PMTS \R P D \2004 \ -01 Pardee \Agenda Rpts \PC050104Agenda Report 0,0 C 0 2 3 Honorable Planning Commission January 4, 2005 Page 2 these planning areas, are now ready for Planning Commission consideration. RPD Permit application 2004 -01 for Planning Area 5 will be brought to the Planning Commission at a future meeting. DISCUSSION Project Setting Existing Site Conditions: The subject property consists of 445 acres of land within the approved Specific Plan Area No. 2, located north of the existing northerly terminus of Spring Road, and approximately one -half mile east of Walnut Canyon Road. The site is currently vacant and is being graded for development. Previous Applications: Specific Plan No. 2 was approved in September of 1999. The Specific Plan identified the project area and established overall development patterns for 570 residential units in neighborhoods of varying densities, a public school site, a public park site, numerous areas of public and private open space, and an area set aside as a habitat preserve for the coastal sage scrub community which currently exists on -site. Along with the Specific Plan, Tentative Tract Map No. 5045 was approved, which established the subdivision design of the subject property. In December of 2003, the Community Development Director approved a Permit Adjustment for the Tentative Tract 5045, making minor adjustments to the street pattern and slightly reducing the number of residential units within the Specific Plan area to 552. In January of 2004, the City Council approved a Modification to Tentative Tract 5045, allowing the installation of gates to the entries to each of the individual neighborhoods within the Tract, and allowing the private maintenance of neighborhood streets within the Tract. GENERAL PLAN /ZONING Direction General Plan Zoning Land Use Site ..........................................................................................................................................................................................................................................................................._._......................................._._..._............................................_...._..__.......................... SP 2 SP Vacant North OS (County) OS (County) ............................... Agricultural ....................................... .................. .................... South .................................................................................................. .............._........................................ Medium Low Density ........................................ __.............. .......... R -1 ............. .._......................................................... _ ....... ............ ............. ............................... Single Family Residential ............................................................................................................................._.................................................................................................................................................__......................................._._._........................................._......_.......................... Residential (ML) ............................... East Low Density Residential (L) RPD /OS Single Family Residential/ Vacant West OS /Medium Density OS /RE Vacant/Waterworks District/ Residential 11 SFR 000024 Honorable Planning Commission January 4, 2005 Page 3 General Plan and Zonina Consistencv: The Specific Plan, as adopted, is consistent with the adopted General Plan of the City of Moorpark. The individual Planning Area land use designations within the Specific Plan serve to establish permitted uses and densities. There are no proposed changes to these designations, nor are there any proposals within the proposed projects which would result in an inconsistency with the land use designations. The Specific Plan also includes development standards specific to each of the various Planning Areas, incorporated as Chapter 17.74 of the Zoning Ordinance. The Zoning Ordinance Amendment application proposes changes to this chapter of the Municipal Code. The proposed changes are as follows: 000O2J Planning Area PA4 PA -9 Std. (30,000 sq. ft. min., (10,000 sq. ft. min., 33,434 sq. ft. avg.) 14,098 sq. ft. avg.) Existing Proposed Existing Proposed Front 35' minimum. No more than 2 35' minimum. No more than 30' minimum. No more 30' minimum. Setback adjacent lots to have same 2 adjacent lots to have same than 2 adjacent lots to No more than 2 setback, then 3' to 5' setback, then at least 3' have same setback, then adjacent lots to have variation. Swing garages variation. Swing garages 3' to 5' variation. Swing same setback, then at facing side or rear of lot may facing side or rear of lot may garages facing side or least 3' variation. Swing have 15' setback. have 15' setback. rear of lot may have 15' garages facing side or setback. rear of lot may have 15' setback. Side Setback Sum of side yards to be 20' Sum of side yards to be 20' 10% of lot frontage, or 7' 10% of lot frontage, or minimum. RV access 12' with minimum with min. of 7.5' with 20' bldg. separation. a minimum of 7' with min. 20' bldg. separation 20' bldg. separation. On irregularly shaped lots, a minimum side setback of 7' maybe permitted at the discretion of the Community Development Director, so long as the average separation between the subject building and the adjacent building is at least 20'. 000O2J Honorable Planning Commission January 4, 2005 Page 4 Project Summary The proposed Residential Planned Development projects address the architecture and plotting of units for Planning Areas 8 and 9. RPD Planning Area Planning PA-8 PA-9 Std. (30,000 sq. ft. min., 33,434 sq. t. avg.) (10,000 sq. ft. min., Area Units 14,098 sq. ft. avg.) Existing Proposed Existing Proposed Rear Setback Dwelling: 50' min. No Change proposed Dwelling: 30' min. Dwelling: 30' min., but 95 Patio: 10' min. 3,160 sf to 4,569 sf Patio: 10' min. may be reduced to 15' 2nd Story Patio: 20' min. 2nd Story Patio: 20' min. at the discretion of the Accessory Structure: 5' min. Accessory Structure: 5' Community min. Development Director, if at least 1600 square feet of contiguous private usable open space is maintained in the side and rear yard areas, and the minimum separation between the rear of the building and the rear or side of the building opposite the rear lot line is 60'. Patio: 10' min. 2nd Story Patio: 20' min. Accessory Structure: 5' min Parking No Tandem Parking Tandem Parking Allowed for No Tandem Parking Tandem Parking 3'd Space Allowed for Td Space Solar Panels Not in Front Elevation Delete Standard Not in Front Elevation Delete Standard Project Summary The proposed Residential Planned Development projects address the architecture and plotting of units for Planning Areas 8 and 9. RPD Acres Planning Number of Average Lot Size Range of Unit Size NO. Area Units 04 -02 28.4 8 37 33,434 sf 3,160 sf to 5,541 sf 04 -03 92.4 9 95 14,098 sf 3,160 sf to 4,569 sf Proposed Project Architecture: Planning Area 8 - The proposed homes range in size from 3,160 to 5,541 square feet. There are four (4) different plans proposed, with two being one -story units (Plan 101 & 102) and two being two - story units (Plan 103 & 104). Plan 101 (a 3,160 square -foot plan) Qf3( *1 d2G Honorable Planning Commission January 4, 2005 Page 5 and 102 (a 3,693 square -foot plan) will offer three bedrooms, an attached casita (or fourth bedroom) and three and one -half bathrooms. Plan 103 (a 4,306 square -foot plan) will offer five bedrooms with a loft or optional sixth bedroom and five and one - half bathrooms. Plan 104 (a 4,958 square -foot plan) will offer four bedrooms and four and one -half bathrooms, with an attached casita offering another bedroom and bathroom. Additionally, an optional suite with yet another bedroom and bathroom is offered, which would bring the total square footage to 5,541 square feet. The buildings conform to the maximum building heights within the RPD zone (the tallest unit is 29'0" high at its highest point), and the arrangement of homes will be monitored to ensure an open "feel" to the neighborhood with a varied streetscape. The four (4) product types will be built with a selection of eight (8) different architectural vocabularies: Chateau, French Cottage, Provence, French Country, Hilltown, Tuscan, Italian Villa, and Italian Country. Examples of these styles are shown in the plans. Each architectural style will be utilized in at least ten percent (10 %) of the homes to be built. Each architectural style will have two (2) color /material schemes, especially selected to accentuate the style. Between the variety of elevations (4), architectural styles (8), and color schemes (2), there will be forty -eight (64) combinations available. The ability to reverse floor plans to optimize placement on a lot offers one - hundred - twenty -eight (128) possible configurations of products within a development of thirty - seven (37) units. This will result in a neighborhood of compatible homes but lacking the repetition often found in residential tract homes. Planning Area 9 - The proposed homes range in size from 3,160 to 4,569 square feet. There are four (4) different plans proposed, with two (2) being one -story units (Plan 1 & 2) and two (2) being two -story units (Plan 3 & 4). Plan 1 (a 3,160 square -foot plan) and 2 (a 3,554 square -foot plan) will offer three bedrooms, an attached casita (or fourth bedroom) and three and one -half bathrooms. Plan 3 (a 3,919 square -foot plan) will offer four bedrooms and four and one -half bathrooms, with optional fifth bedroom in place of a loft. Plan 4 (a 4,569 square -foot plan) will offer four bedrooms and four and one -half bathrooms and an optional suite containing an additional bedroom and bathroom. The buildings conform to the maximum building heights within the RPD zone (the tallest unit is 32'10" high at its highest point), and the arrangement of homes will be monitored to ensure an open "feel" to the neighborhood with a varied streetscape. Each of the four product types will be built with one of four different architectural vocabularies: Early Californian, Q000Z7 Honorable Planning Commission January 4, 2005 Page 6 California Coastal, Traditional, or Monterrey. Examples of these styles are attached. Each architectural style will be utilized in at least twenty percent (200) of the homes to be built. Each architectural style will have three (3) color /material schemes, especially selected to accentuate the style. Between the variety of elevations with added window elevation options (11), architectural styles (4), and color schemes (average of 3), there will be one- hundred - thirty -two (132) combinations available. The ability to reverse floor plans to optimize placement on a lot offers two - hundred - sixty -four (264) possible configurations of products within a development of ninety -five (95) units. This will result in a neighborhood of compatible homes but lacking the repetition often found in residential tract homes. Setbacks: Although the project setbacks meet or exceed the current standards for single- family, detached residential development on all of its lots, they do not meet the setbacks established for Specific Plan No. 2. Front yard setbacks within Planning Areas 8 and 9 meet the required 35 -foot and 30 -foot setbacks, respectively, except where the use of a swing garage allows for a reduction under the existing language of the Specific Plan. The requested Zoning Ordinance Amendment addresses reduction in side and rear yard setbacks as established for Specific Plan No 2. This issue is discussed further in the Analysis section below. Parking: The project proposal meets the minimum requirements for off - street parking, but includes a request for tandem parking for a third parking space within the garage areas. This issue is discussed further in the Analysis section below. Circulation: The project's circulation system has been approved to consist of private streets within a gated community. While meeting City street standards, the use of these streets would be limited to residents and invited guests, and their maintenance will be the responsibility of the Homeowners Association. Automatic gates will restrict access to the project. Access to and from the project would be taken from "C" Street, a proposed public arterial street through the center of the Specific Plan area, which will connect to both "A" Street and the future extension of Spring Street as proposed within Specific Plan No. 2. 000028 Honorable Planning Commission January 4, 2005 Page 7 ANALYSIS Issues As the subdivision for this project has been previously approved, many of the issues associated with this development have been resolved. However, architectural design, building plotting, and other design standards are appropriately addressed through the review of the RPD Permit applications. Staff analysis of the proposed amended project has identified the following areas for Planning Commission consideration in their recommendation to the City Council: • Determination of Front Yard for Lot 254 • Adjusted Side and Rear Setback Standards • Allowance for Tandem Parking • Horse Keeping within Planning Area 8 Determination of Front Yard for Lot 254 The Municipal Code allows setbacks to be determined by permit within the RPD zone. While setbacks are established by the Moorpark Highlands Specific Plan, staff is recommending that the Planning Commission recommend that the lot line adjacent to the street on Lot 254 be deemed a side property line, and that the property's northerly lot line be deemed the front lot line. This determination will be in keeping with the orientation of the house on the site, and will enable the lot to be utilized without the need for a variance request for a rear -yard setback reduction, which would otherwise be necessary. The lot will still maintain thirty feet of setback between the residence and the property line adjacent to the street, which exceeds the required front yard setback by fifteen feet, due to the use of the swing garage. Adjusted Side and Rear Yard Setback Standards: The requests for reductions in side and rear yard are driven primarily by design requirements. The layout of the lots within the tract was done without the benefit of architecture to ensure proper plotting. Therefore, the lots were created around a rectangular "building envelope" which approximated the boundaries of a hypothetical building. The architecture which is proposed within these two Planning Areas is considerably richer than typical production homes, and incorporates private outdoor space within areas interior to the home, through the use of courtyards. This necessitates spreading the footprint of the home to achieve a similar square footage. While the requests often result in reduced setbacks, they will frequently also result in an increased setback 00(10 29 Honorable Planning Commission January 4, 2005 Page 8 on an adjacent lot, due to building separation requirements which have been added to ensure an open feel. The goal of these requests is to allow greater flexibility with the placement of houses on the lots, while maintaining the desired spaciousness of the neighborhood and avoiding a "solid" or cluttered appearance between homes. Within Planning Area 8, the standard side yard dimensions are met on all lots. However, there is a requirement for a twelve (12') foot side yard on one side for RV access. This requirement is met on all but five (5) lots. In those instances, the setback is met, but slopes or retaining walls preclude the maintenance of a twelve foot access way. Therefore, staff is recommending relief from this standard. Lots which have the twelve (12') foot setback will be conditioned to maintain the setback in the future. Within Planning Area 9, all side yard setbacks meet the current requirements except for a short series of six lots at a curve in the street. These lots are wider at the front and narrower at the rear so that the minimum building separation cannot be met at the rear of the homes, but the apparent building separat=ion at the front of the homes exceeds the minimum required twenty (20') feet. In these instances, staff is recommending that the side yard setback be a minimum of seven (7') feet and that the average building separation between two (2) adjacent buildings be a minimum of twenty (201) feet. As requested, a reduction in rear yard setbacks in Planning Area 9 will not affect private usable open space. Even on lots which meet the current thirty (301) foot rear yard setback requirement, not all of the rear setback area is always usable open space. This area may include slopes which limit the utility of the area for recreational purposes. Staff recommends requiring the maintenance of at least 1,600 square feet of contiguous usable open space in the side and rear yard areas. Staff also recommends a building separation requirement of sixty (60') feet to ensure that the backyards maintain an open feel even with a reduced rear yard setback. In response to this recommendation, the applicant has provided a design with private usable open space areas in excess of 2,000 square feet for all homes with a reduced rear yard setback. All of these homes also maintain the sixty (60') foot building separation as well. While the reduced setbacks are not out of character with what has been built in the rest of the City, staff wants to ensure that the utility of these rear yard areas for recreational activities is not reduced to an insignificant level. In all cases, the yards will be large enough to accommodate a swimming pool. Additionally, other typical backyard activities (child play area, BBQ, spa, etc.) can be undertaken in these areas, even with reduced setbacks. To 0 00 0 �® Honorable Planning Commission January 4, 2005 Page 9 facilitate these uses and to allow for ease of permit processing for future homeowners, staff has suggested a condition which will require the applicant to provide plans for patio covers for each floor plan in PA 9. These would be approved before construction, and could be built as an option to the home buyers before they move in or could be added following move -in, eliminating the need of the individual homeowner to develop new plans for submittal and reducing the time necessary for plan check and permit issuance. Allowance for Tandem Parking: Tandem parking is a configuration in which vehicles are parked end to end, rather than side by side. This type of parking is generally not permitted to provide required parking but is occasionally allowed to provide parking in excess of the required minimum. The reason that tandem parking is not generally allowed is that the vehicle in one tandem space cannot move without the removal of the vehicle in the other tandem space. Realistically, this relegates one tandem space to vehicular storage, rather than active parking or requires extra effort and cooperation on the part of the vehicle users. The Specific Plan establishes Municipal Code Chapter 17.32 as the requirements for parking within these planning areas. This chapter requires two (2) garage spaces per single - family residence. The applicant is requesting the allowance for tandem parking within these planning areas to allow for a third parking space, which is beyond the minimum required parking. Only Plan 3 in both Planning Areas 8 and 9 proposes a tandem parking space. This affects a total of thirty -seven (37) units. This request was made and approved for Planning Areas I through 4 of the Moorpark Highlands Specific Plan. As this request does not affect the minimum required parking for the project, and instead provides additional space which may be used for parking, staff finds the applicant's request for the allowance of tandem spaces in keeping with the intent of the Moorpark Highlands Specific Plan and the Municipal Code. Horse Keeping within Planning Area 8 The lots within Planning Area 8 (PA 8) are generally suitable for horse keeping, due to their size and configuration. It was the intent of the City Council to allow this type of use within PA 8 when the Specific Plan was approved. Additionally, a hiking /equestrian trail will run along the northern boundary of the project behind the lots of PA 8 and will connect the area to Happy Camp Canyon to the east and to the trail system within Specific Plan 2 which will lead west to Walnut Canyon Road and the trail system beyond, as well as south to High Street. o0(*103 . Honorable Planning Commission January 4, 2005 Page 10 As proposed, thirty -two (32) of the thirty -seven (37) lots within Planning Area 8 are fully capable of supporting horse keeping. Full capability includes not only the required lot area for the keeping of horses (20,000 square feet), but also a lot configuration which provides a location for the horses to be kept (meeting the minimum separation from adjacent residences) as well as access to the rear yard that can accommodate a horse trailer. Those lots which are not fully capable of supporting an equestrian use may still keep horses or other animals on the property, but will lack the convenience of vehicular access to the rear yard, necessitating the non - vehicular travel across the property to bring animals, feed, and other materials from the driveway to the rear yard area. In anticipation of horse keeping on the property, staff is recommending the addition of several special conditions to the permit. The conditions include the requirement to provide a path from the rear yard to the equestrian trail as well as a requirement to have future buyers sign an acknowledgement of the potential for horse keeping and the impacts associated with that use. Findings The following findings are proposed for the Residential Planned Development Permits: A. The site design, including structure location, size, height, setbacks, massing, scale, architectural style and colors, and landscaping, is consistent with the provisions of the General Plan, any applicable specific plans, Zoning Ordinance, and any other applicable regulations, with the adoption of the Zoning Ordinance Amendment No. 2004 -05. B. The site design would not create negative impacts on or impair the utility of properties, structures, or uses in the surrounding area, in that the use proposed is similar to uses existing or proposed to the south, east, and west, and access to or utility of those adjacent uses are not hindered by this project. C. The proposed uses are compatible with existing and proposed uses in the surrounding area, in that the existing and proposed uses in the area are generally single- family, detached residences, recreational uses, and the Waterworks facility, which will be sufficiently separated from this project to avoid impacts. 00(1032 Honorable Planning Commission January 4, 2005 Page 11 TIME LIMITS Time limits have been established for the processing of development projects under the Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the Subdivision Map Act (Government Code Title 7, Division 2), and the California Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13, and California Code of Regulations, Title 14, Chapter 3). However, since a Zoning Ordinance Amendment accompanying the Residential Planned Development Permits is a legislative act which must be approved before the RPD permits can be approved, the various time limits do not apply to these projects until the Zoning Ordinance Amendment is approved or the applicant revises the applications so that the Amendment is not required to approve the RPD permit requests. ENVIRONMENTAL DETERMINATION In accordance with the City's environmental review procedures adopted by resolution, the Community Development Director determines the level of review necessary for a project to comply with the California Environmental Quality Act (CEQA). Some projects may be exempt from review based upon a specific category listed in CEQA. Other projects may be exempt under a general rule that environmental review is not necessary where it can be determined that there would be no possibility of significant effect upon the environment. A project which does not qualify for an exemption requires the preparation of an Initial Study to assess the level of potential environmental impacts. Based upon the results of an Initial Study, the Director may determine that a project will not have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient environmental documentation. If the Director determines that a project has the potential for significant adverse impacts and adequate mitigation cannot be readily identified, an Environmental Impact Report (EIR) is prepared. An EIR (SCH No. 96041030) has been prepared and certified for this project. No new information or impacts that require preparation of a new or subsequent EIR have been identified as a result of any proposed modification to the project. The Community Development Director has determined that the projects are consistent with the EIR prepared for Specific Plan No. 2. oiU033 Honorable Planning Commission January 4, 2005 Page 12 STAFF RECONMNDATION 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC -2005- recommending to the City Council conditional approval of Zoning Ordinance Amendment No. 2004 -05, Residential Planned Development Permit No. 2004 -02, and Residential Planned Development Permit No. 2004 -03. ATTACHMENTS: 1. Location Map 2. Project Exhibits A. Site plan B. Elevations 3. Draft Planning Commission Resolution 00(3034 S Coll-)00 �a g 5�:q rrrr� D t _ a F ro N H . H ix H z z .. H Z � g E1 i ` Fi 8 M m�2 Co a is i t4 lz D I Cb LA jr rI it - - - - - - - - - - - - - - - - - - - - t2 ---------- ------ -------- 0 0 C 0 3,6r Cb Mi'm I ---------- kfulmm 1z Eg J1 11i ink 004--tO39 Cb T-S TO IIfI Eq gT 00(3040 up 0 U000 ROOM SENSE 0022002000 00 I SOME Z Otv--�A Vill Eq iii A 000042 MOMMMOOMEMOOM by MOO mOCCCCiiCOCCCCCCiCC000oC000oCCOCC0000 iii A 000042 by iii A 000042 OEM-,- FS I W-11 mal MEM! iii A 000042 0 C4 Moorpark Highlands Elevations - PA8 ('HA,nAu MALIAN VILLA PLAN 101 ELEVATION A PLAN 10,1 FLEVATION 6 Pt ' AN 104 ELEATION A TUSCAN PC ATTACHMENT 2.B. PLAN 102 ELEVATION R 11 TRADMONAL Moorpark Highlands Elevations - PA9 PLAN 2 ELEVATION B £ e� PLAN 4 kLkVATION C PLAN I ELEVATION A TRAD17lt)£+IAIa PLAN I ELEVATION B 12 9 £ e� PLAN 4 kLkVATION C PLAN I ELEVATION A TRAD17lt)£+IAIa PLAN I ELEVATION B 12 RESOLUTION NO. PC -2005- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA RECOMMENDING APPROVAL TO THE CITY COUNCIL OF ZONING ORDINANCE AMENDMENT NO. 2004 -05, TO AMEND DEVELOPMENT STANDARDS WITHIN SPECIFIC PLAN NO. 2 AND RESIDENTIAL PLANNED DEVELOPMENT PERMIT NOS. 2004- 02 AND -03 FOR CONSTRUCTION OF A TOTAL OF 132 SI:NGLE- FAMILY, DETACHED DWELLING UNITS WITHIN SPECIFIC PLAN NO. 2, LOCATED APPROXIMATELY ONE -HALF MILE NORTH OF THE NORTHERLY TERMINUS OF SPRING ROAD AND THREE - FOURTHS OF ONE MILE EAST OF WALNUT CANYON ROAD, ON THE APPLICATION OF PARDEE HOMES. (ASSESSOR PARCEL NUMBERS: 500 -0- 270 -07, 500 -0- 027 -08, 500 -0- 270 -19, 500- 0 -270- 20, 500 -0- 024 -03, 500 -0- 024 -04, 500 -0- 024 -22, 500 -0- 024-23) WHEREAS, at a duly noticed public hearing on January 4, 2005, the Planning Commission considered Zoning Ordinance Amendment No. 2004 -05, to amend development standards within Specific Plan No. 2, Residential Planned Development Permit No. 2004 -02 for the construction of 37 single- family, detached dwelling units on 28.4 acres within Planning Area 8 of Specific Plan No. 2, and Residential Planned Development Permit No. 2004- 03 for the construction of 95 single- family, detached dwelling units on 92.4 acres within Planning Areas 9 of Specific Plan No. 2 on the application of Pardee Homes; and WHEREAS, at its meeting of January 4, 2005, the Planning Commission considered the agenda report and any supplements thereto and any written public comments; opened the public hearing, took and considered public testimony both for and against the proposal, closed the public hearing, and reached a decision on this matter; and WHEREAS, the Planning Commission concurs with the Community Development Director's determination that the projects are consistent with the findings of the Environmental Impact Report, and any amendments thereto, approved in connection with the Moorpark Highlands - Specific Plan No. 2. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. PLANNED DEVELOPMENT FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the Planning S: \Community Development \DEV PMTS \R P D \2004 \ -01 Pardee \Reso- Cond \pc050104 reso.doc: PC ATTACHMENT 3 000045 Resolution No. PC -2005- Page 2 Commission makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.040(C): A. The site design, including structure location, size, height, setbacks, massing, scale, architectural style and colors, and landscaping, is consistent with the provisions of the general plan, any applicable specific plans, zoning ordinance, and any other applicable regulations, with the adoption of Zoning Ordinance Amendment No. 2004 -05. B. The site design would not create negative impacts on or impair the utility of properties, structures, or uses in the surrounding area, in that the use proposed is similar to uses existing or proposed to the south, east and west, and access to or utility of those adjacent uses are not hindered by this project. C. The proposed uses are compatible with existing and proposed uses in the surrounding area, in that the existing and proposed uses in the area are generally single - family, detached residences, recreational uses, and the Waterworks facility, which will be sufficiently separated from this project to avoid impacts. SECTION 2. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends to the City Council approval of: A. Zoning Ordinance Amendment No. 2004 -05, to amend development standards within Specific Plan No. 2. as shown in Exhibit A; and B. Residential Planned Development Permit No. 2004 -02 for the construction of thirty -seven (37) single- family, detached dwelling units on 28.4 acres within Planning Area 8 of Specific Plan No. 2 per Special and Standard Conditions of Approval as shown in Exhibit B; and C. Residential Planned Development Permit No. 2004 -03 for the construction of ninety -five (95) single - family, detached dwelling units on 92.4 acres within Planning Area 9 of Specific Plan No. 2 per Special and Standard Conditions of Approval as shown in Exhibit C. SECTION 3. CERTIFICATION OF ADOPTION: The Community Development Director shall certify to the adoption.. of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. 00004G Resolution No. PC -2005- Page 3 The action of the foregoing direction was approved by the following vote: AYES: NOES: ABSTAIN: ABSENT: PASSED, AND ADOPTED this 4th day of January, 2005. , Chair ATTEST: Barry K. Hogan Community Development Director Exhibit A: Proposed Zoning Ordinance Amendment 2004 -05. Exhibit B: Special and Standard Conditions of Approval for Residential Planned Development Permit No. 2004 -02. Exhibit C: Special and Standard Conditions of Approval for Residential Planned Development Permit No. 2004 -03. 006.047 Resolution No. PC -2005- Page 4 EXHIBIT A PROPOSED REVISIONS Zoning Ordinance Amendment 2004 -05 (revised text in Italics, deletions in Sti=ik,.eut -text) Section 17.74.040.1 Single - family residential site development standards. A. Specific Plan No. 2 Residential Planned Development Single- Family (SP2- RPD -SF) 1.3 -2.5 du /ac Zone. Planning Areas (P.A. ) 8 and 9. 1. Minimum Lot Area: ten thousand (10,000) square feet. 2. Building Setbacks: a. Front setback minimum for ten thousand (10,000) square foot lots is thirty (301) feet. The front setback minimum for thirty- thousand (30,000) square foot lots is thirty -five (35') feet. The front setbacks for the proposed single - family dwelling units shall be varied so as to provide visual diversity. There shall be a minimum of three (3') feet variation vas =ear —ef five (5') feet for the front setback between adjacent lots, with no more than two (2) adjacent lots having the same front setback. Dwelling units constructed with garages having a curved or swing driveway, with the entrance to the garage facing the side or rear property line, shall have a minimum front setback of fifteen (151) feet. b. Side yard setback minimum for a single- family dwelling unit on a ten - thousand (10,000) square foot minimum lot is ten percent (100) of the lot frontage. However, the setback can be reduced to a minimum of seven (7') feet if a twenty (20') foot separation is maintained between adjacent structures. On irregularly shaped lots, a minimum side setback of seven (7') feet may be permitted at the discretion of the Community Development Director, so long as the average separation between the subject building and the adjacent building is at least twenty (20') feet. For a thirty- thousand (30,000) square foot feet minimum lot, the sum of side yards shall be a minimum of twenty (20') feet with a minimum side yard (one (1) side) of seven (7') feet twelve (12') feet feic Ro aeeess, and a minimum e-f twenty (20') foot separation between adjacent structures. Resolution No. PC -2005- Page 5 c. Rear setback minimum for a single- family dwelling unit on a ten - thousand (10,000) square foot minimum lot is thirty (301) feet, and on a thirty- thousand (30,000) square foot minimum lot is fifty (50') feet; for an enclosed patio or open patio cover is ten (101) feet; for a second story deck or balcony is twenty (201) feet, and for an accessory structure is five (5') feet. On a ten - thousand (10,000) square foot minimum lot, the rear setback may be reduced to fifteen (15') feet at the discretion of the Community Development Director, if at least one - thousand - six - hundred (1,600) square feet of contiguous private usable open space is maintained in the side and rear yard areas, and the minimum separation between the rear of the building and the rear or side of the building opposite the rear lot line is sixty (601) feet. d. For projects located in Planning Area 8, no habitable structures shall be located closer than two - hundred (200') feet from the north /east west specific plan boundary. 3. Maximum building height: a. Thirty -five (35') feet for dwelling units; b. Fifteen (151) feet for accessory structures; C. Twelve (12') feet for a patio cover and second floor deck or balcony, not including railing height; d. No more than three (3') stories shall be permitted. 4. Fences and Walls. Fences and walls shall comply with the provisions of the Moorpark Municipal Code, with the exception that sound attenuation walls shall be constructed to a height as required by a city- approved noise study for the residential planned development permit. S. Parking. Parking shall comply with Chapter 17.32 of the city of Moorpark Municipal Code. Tandem parking shall be permitted for garage spaces that provide for parking beyond the required minimum. 6. Signage. Signage shall comply with Chapter 17.40 of the city of Moorpark Municipal Code. 000049 Resolution No. PC -2005- Page 6 7. Standards Relating to Animals. The keeping of animals shall comply with Chapter 17.28.030 of the Moorpark Municipal Code. 8. Eaves and Window Treatments and Surrounds. The eaves and window treatments and surrounds on all sides of a structure shall be complementary with the eaves and window treatments and surrounds on the front elevation. 9. Wrap- Around Front Elevation Treatment. The architectural style and treatment included along the front elevation of a single- family unit shall continue along each side elevation until commencement of fencing or other architecturally feasible termination point as determined by the residential planned development permit approval body. 006050 Resolution No. PC -2005- Page 7 EXHIBIT B SPECIAL AND STANDARD CONDITIONS OF APPROVAL FOR RESIDENTIAL PLANNED DEVELOPMENT NO. 2004 -02 SPECIAL CONDITIONS 1. The Pardee Homes architectural booklet titled "Moorpark PA- 8," dated March 11, 2004, and the Planning Area 8 Architectural Plans dated May 23, 2003, shall form the basis of the evaluation of architectural treatment to be incorporated on each residential structure for permit issuance. At a minimum, the drawings and color and materials samples that have depicted the respective architectural styles and sub - styles shall be incorporated in the project, as presented in the above - mentioned plans and materials. 2. Prior to the issuance of a Zoning Clearance for a building permit for the first residential unit, the applicant shall submit wall plans to the Community Development Department for review and approval. The wall plans shall be approved prior to the issuance of the first building permit. 3. At least ten percent (10 %) of the dwellings, but no more than twenty -five percent (250) of the dwellings shall be represented by any one of the architectural styles. No sub -style shall be represented by more than sixty percent (600) of the dwellings for each architectural style. 4. Prior to the issuance of a Zoning Clearance for building permits, the applicant shall prepare, and submit for approval, a minimum of three (3) plans for the installation of a lattice - roofed patio cover in the rear yard of each floor plan proposed. These patio covers shall be offered as an option to home buyers, and the plans shall be made available to buyers in the event they decide to build the cover after they occupy the home. 5. Any change in the architectural elements shall require prior approval by the Community Development Director. Approval of any change shall require the Director to find that the change is consistent with these approved conditions, the Zoning Code and compatible with the dwellings along that street frontage and the dwellings located within two - hundred (2001) feet of the side property line, as determined by the Community Development Director. D000SI Resolution No. PC -2005- Page 8 6. Prior to the issuance of a zoning clearance for the first building permit for the construction of homes within Planning Area 8, the applicant shall submit, and have approved by, the Community Development Director, a notice to be signed by all future buyers, acknowledging the potential for the keeping of horses and other animals within Planning Area 8. The notice shall identify potential impacts associated with the keeping of such animals, including, but not limited to noise, odor, flies, and visual impacts. Original signed notices shall be provided to the Community Development Department. prior to issuance of a zoning clearance for occupancy of each unit. 7. All lots adjoining the planned equestrian trail shall be provided with direct access to the trail from the rear yard area of the building pad. The access shall take the form of a three (3') foot wide path with a slope not greater than 3:1. Should the path be required to cross another property, appropriate easement documentation shall be recorded to ensure access to the trail by property owners served by the path. 8. The northerly property line of lot 254 shall be deemed to be the front property line for purposes of setback determination. The southerly property line shall be deemed the rear property line. The property line adjacent to the street shall be deemed a side property line, but shall maintain a setback area of at least twenty (201) feet within which no fence, wall, or structure may exceed three (3') feet in height. 9. Lots 229, 231 -232, 234 -248, 250 -252, and 254 -264 shall provide and maintain a flat area on the side of the home twelve (12') feet in width extending from the front of the home to the rear of the home for use as RV access or parking. No encroachments into this twelve (12') foot area (including but not limited to room additions, pool equipment, air conditioning units, storage structures, and patio covers) may be approved or constructed, other than gates for screening and securing the side yard. 10. Prior to the issuance of a zoning clearance for the first building permit for the construction of homes within Planning Area 8, the applicant shall provide plans for a minimum of three (3) decorative treatments for driveways within the Planning Area. These treatments may be assigned to lots by the applicant, or selected by the purchasers of the homes. The treatments shall consist of decorative 000052 Resolution No. PC -2005- Page 9 stamped concrete, pavers, or the use of an irrigated mow - strip in the center of the driveway. 11. Planning Area 8 shall permit the keeping of equine, bovine, and cleft hoof animals, as well as pet animals and cats and dogs, as permitted for the R -1 zone by Title 17 of the Moorpark Municipal Code. STANDARD CONDITIONS A. For compliance with the following conditions please contact the Community Development Department: 1. The Residential Planned Development Permit is granted for the land and project as identified on the entitlement application form and as shown on the plot plans and elevations incorporated herein by reference as Exhibit "A ". The location and design of all site improvements shall be as shown on the approved plot plans and elevations except or unless indicated otherwise herein in the following conditions. 2. All conditions of Tentative Tract Map 5045 and any subsequent modifications shall apply to this Residential Planned Development Permit. 3. Unless the Residential Development Permit is inaugurated (building foundation slab in place and substantial work in progress) not later than three (3) years after this permit is granted, this permit shall automatically expire on that date. The Community Development Director may, at his /her discretion, grant up to two (2) 1 -year extensions for project inauguration if there have been no chancles in the adjacent areas and if Applicant can document that he /she has diligently worked towards inauguration of the project during the initial three -year period and the Applicant has concurrently requested a time extension to the Tentative Tract Map. The request for extension of this entitlement shall be made at least thirty (30) days prior to the expiration date of the permit. 4. Prior to occupancy of each dwelling unit the Applicant shall install front yard landscaping as approved on the landscape plans. S. All air conditioning or air exchange equipment shall be placed at ground level, may not be placed in a sideyard setback area within fifteen (151) feet of an opening window at ground floor level of any residential structure, and 0OU053 Resolution No. PC -2005- Page 10 shall not reduce the required sideyards to less than five (5') feet of level ground. 6. All facilities and uses other than those specifically requested in the application are prohibited unless an application for a modification is submitted to the Department of Community Development consistent with the requirements of the Zoning Code. 7. Garages shall maintain a clear unobstructed dimension of twenty (20') feet in length and ten (10') feet in width for each parking stall provided with a minimum of two garage - parking stalls required for each dwelling unit. 8. Rain gutters and downspouts shall be provided on all sides of the structure for all structures where there is a directional roof flow. Water shall be conveyed to the street or drives in non - corrosive devices as determined by the City Engineer. 9. Prior to the issuance of a Zoning Clearance for construction, working drawings, grading and drainage plans, plot plans, final map (if requested by the Community Development Director), sign programs, and landscaping and irrigation plans (three full sets) shall be submitted to the Community Development Director for review and approval. B. For compliance with the following conditions please contact the Engineering Division: 10. The City Engineering Conditions of Approval for Tentative Tract Map No. 5045 apply to Residential Planned Development Permit No. 2002 -03. C. For compliance with the following conditions please contact the Ventura County Fire Department: 11. All conditions of Tentative Tract Map 5045 shall apply. D. For compliance with the following conditions please contact the Ventura County Waterworks District No. 1: 12. All conditions of Tentative Tract Map 5045 shall apply. E. For compliance with the following conditions please contact the Police Department: 13. Prior to issuance of building permits for either the residential or recreational components of the project, the Police Department shall review development plans for the 0600SS+ Resolution No. PC -2005- Page 11 incorporation of defensible space concepts to reduce demands on police services. To the degree feasible, public safety planning recommendations shall be incorporated into the project plans. The Applicant shall prepare of list of project features and design components that demonstrate responsiveness to defensible space design concepts. Review and approval by the Police Department of all defensible space design features incorporated into the project shall occur prior to initiation of the building plan check process. F. For compliance with the following conditions please contact the Moorpark Unified School District: 14. Prior to issuance of building permits for the residential units, all legally mandated school impact fees applicable at the time of issuance of a building permit shall be paid to the Moorpark Unified School District. -End- 030055 Resolution No. PC -2005- Page 12 EXHIBIT C SPECIAL AND STANDARD CONDITIONS OF APPROVAL FOR RESIDENTIAL PLANNED DEVELOPMENT NO. 2004 -03 SPECIAL CONDITIONS 1. The Pardee Homes architectural booklet titled "Moorpark PA- 9," dated March 11, 2004, and the Planning Area 9 Architectural Plans dated May 23, 2003, shall form the basis of the evaluation of architectural treatment to be incorporated on each residential structure for permit issuance. At a minimum, the drawings and color and materials samples that have depicted the respective architectural styles and sub - styles shall be incorporated in the project, as presented in the above - mentioned plans and materials. 2. At least twenty -five percent (250) of the dwellings, but no more than forty percent (40o), of the dwellings shall be represented by any one of the architectural styles. No sub -style shall be represented by more than forty percent (400) of the dwellings for each architectural style. 3. Prior to the issuance of a Zoning Clearance for building permits, the applicant shall prepare, and submit for approval, a minimum of three plans for the installation of an lattice- roofed patio cover in the rear yard of each floor plan proposed. These patio covers shall be offered as an option to home buyers, and the plans shall be made available to buyers in the event they decide to build the cover after they occupy the home. 4. Any change in the architectural elements shall require prior approval by the Community Development Director. Approval of any change shall require the Director to find that the change is consistent with these approved conditions, the Zoning Code and compatible with the dwellings along that street frontage and the dwellings located within two - hundred (2001) feet of the side property line, as determined by the Community Development Director. 5. Prior to the issuance of a zoning clearance for the first building permit for the construction of homes within Planning Area 9, the applicant shall provide plans for a minimum of three (3) decorative treatments for driveways within the Planning Area. These treatments may be assigned to lots by the applicant, or selected by the purchasers of the homes. The treatments shall consist of decorative 00 OSG Resolution No. PC -2005- Page 13 stamped concrete, pavers, or the use of an irrigated mow - strip in the center of the driveway. STANDARD CONDITIONS A. For compliance with the following conditions please contact the Community Development Department: 1. The Residential Planned Development Permit is granted for the land and project as identified on the entitlement application form and as shown on the plot plans and elevations incorporated herein by reference as Exhibit "A ". The location and design of all site improvements shall be as shown on the approved plot plans and elevations except or unless indicated otherwise herein in the following conditions. 2. All conditions of Tentative Tract Map 5045 and any subsequent modifications shall apply to this Residential Planned Development Permit. 3. Unless the Residential Development Permit is inaugurated (building foundation slab in place and substantial work in progress) not later than three (3) years after this permit is granted, this permit shall automatically expire on that date. The Community Development Director may, at his /her discretion, grant up to two (2) 1 -year extensions for project inauguration if there have been no changes in the adjacent areas and if Applicant can document that he /she has diligently worked towards inauguration of the project during the initial 3 -year period and the Applicant has concurrently requested a time extension to the Tentative Tract Map. The request for extension of this entitlement shall be made at least thirty (30) days prior to the expiration date of the permit. 4. Prior to occupancy of each dwelling unit the Applicant shall install front yard landscaping as approved on the landscape plans. 5. All air conditioning or air exchange equipment shall be placed at ground level, may not be placed in a sideyard setback area within fifteen (15') feet of an opening window at ground floor level of any residential structure, and shall not reduce the required sideyards to less than five (5') feet of level ground. 6. All facilities and uses other than those specifically requested in the application are prohibited unless an 00GO5F7 Resolution No. PC -2005- Page 14 application for a modification is submitted to the Department of Community Development consistent with the requirements of the Zoning Code. 7. Rain gutters and downspout shall be provided on all sides of the structure for all structures where there is a directional roof flow. Water shall be conveyed to the street or drives in non - corrosive devices, as determined by the City Engineer. 8. Garages shall maintain a clear unobstructed dimension of twenty (20') feet in length and ten (10') feet in width for each parking stall provided with a minimum of two (2) garage - parking stalls required for each dwelling unit. 9. Prior to the issuance of a Zoning Clearance for construction, working drawings, grading and drainage plans, plot plans, final map (if requested by the Community Development Director), sign programs, and landscaping and irrigation plans (three full sets) shall be submitted to the Community Development Director for review and approval. B. For compliance with the following conditions please contact the Engineering Division: 10. The City Engineering Conditions of Approval for Tentative Tract Map No. 5045 apply to Residential Planned Development Permit No. 2002 -03. C. For compliance with the following conditions please contact the Ventura County Fire Department: 11. All conditions of Tentative Tract Map 5045 shall apply. D. For compliance with the following conditions please contact the Ventura County Waterworks District No. 1: 12. All conditions of Tentative Tract Map 5045 shall apply. E. For compliance with the following conditions please contact the Police Department: 13. Prior to issuance of building permits for either the residential or recreational components of the project, the Police Department shall review development plans for the incorporation of defensible space concepts to reduce demands on police services. To the degree feasible, public safety planning recommendations shall be incorporated into the project plans. The Applicant shall prepare of list of project features and design components that demonstrate 006058 Resolution No. PC -2005- Page 15 responsiveness to defensible space design concepts. Review and approval by the Police Department of all defensible space design features incorporated into the pro.ject shall occur prior to initiation of the building plan check process. F. For compliance with the following conditions please contact the Moorpark Unified School District: 14. Prior to issuance of building permits for the residential units, all legally mandated school impact fees applicable at the time of issuance of a building permit shall be paid to the Moorpark Unified School District. -End- 0001059 ITEM: 8.C. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Direc�� Prepared by Joseph Fiss, Principal Planner\Y/t� DATE: December 6, 2004 (PC Meeting of 1/4/05) SUBJECT: Consider Conditional Use Permit 2004 -06, A Conditional Use Permit to Allow the Sale and Consumption of Alcoholic Beverages (in Addition to Beer and Wine) in Conjunction with Food Service at 255 E. High Street (Secret Garden Restaurant) on the Application of Michel Bardavid (APN 512 -0- 093 -18) BACKGROUND The Secret Garden Restaurant is an existing sit -down restaurant with indoor and outdoor seating, which currently serves beer and wine under an existing license. The owner is requesting a Conditional Use Permit to also sell alcoholic beverages in addition to beer and wine from the hours of 10:00 a.m. to midnight. DISCUSSION Project Setting Existing Site Conditions: As mentioned above, the Secret Garden Restaurant is a:n existing sit -down restaurant with indoor and outdoor seating. There is existing parking on -site, as well as street parking. The outdoor dining occurs in the rear garden area, which is also the area used for weddings and other similar functions. There is no outdoor dining on the street side of the restaurant or within the street right -of -way. \ \Mor pri_sery \City Share \Community Development \DEV PMTS \C U P \2004 \06 Secret Garden \Agenda Rpts \PC Agenda Report.doc 000060 Honorable Planning Commission January 4, 2005 Page 2 GENERAL PLAN /ZONING Direction General Plan Zoning Land Use Site C -2 General C -OT Old Town __._._ Commercial .... ------- - .................................. ............................... Commercial Restaurant North M Medium Density J -..._ ..........................._... R -1 Single- family _.............................................._._._._....................................................... ............................... Single- family Residence Residential Residential South C -2 General _ ......................_._. C -OT Old Town High St. /Metrolink Station Commercial Commercial East C -2 General C -OT Old Town Single - family Residence - -._ Commercial ....................... - - -C Commercial West -2 General C -OT Old Town.......................... _.__..... Two... Story . ..Office...Building............. - Commercial Commercial General Plan and Zoning Consistencv: The C -2 land use designation in the General Plan is intended to provide for a wide range of retail and service activities. Intended uses include community shopping centers, department stores, restaurants, automotive uses, office and professional services, and business support services. A sit down restaurant with a large range of available food and drink is consistent with this designation. Alcohol sales within one - hundred (100') feet of residential zones are a conditionally - permitted use in the C -OT zone. The restaurant is within the Moorpark Downtown Specific Plan and is zoned C -OT (Commercial, Old Town). Restaurants are allowed within this zone, and alcohol sales are allowed subject to a Planning Commission approved Conditional Use Permit. ANALYSIS Issues Staff analysis of the proposed project has identified control of the service of alcoholic beverages as the primary issue for Planning Commission consideration in their review of the Conditional Use Permit application. This Conditional Use Permit would expand the service of beer and wine under the existing Administrative Permit to allow the sale for on -site consumption of other alcoholic beverages in connection with food service. No floor plan modifications are proposed as part of this Conditional Use Permit. The applicant is concurrently processing an application with the California Alcoholic Beverage Control Board for full alcohol service. 000061 Honorable Planning Commission January 4, 2005 Page 3 Findings A. The proposed use is consistent with the intent and provisions of the City's General Plan, Zoning Ordinance, and other applicable regulations in that the sale of alcoholic beverages for on -site consumption is an ancillary use to the existing restaurant, a use consistent with the General Plan and Zoning. B. The proposed use is compatible with both existing and permitted land uses in the area in that the restaurant already exists and already serves beer and wine. C. The proposed use is compatible with the scale, visual character, and design of surrounding development in that the sale of alcoholic beverages for on -site consumption is an ancillary use to the existing restaurant and does riot require any modifications to the building. D. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or uses in that conditions are required to ensure proper control of the sale of alcoholic beverages for on -site consumption. E. The proposed use would not be detrimental to the public interest, health, safety, convenience, or welfare in that conditions are required to ensure proper control of the sale of alcoholic beverages for on -site consumption. F. The use will not result in an over concentration in the area of establishments selling alcoholic beverages. The proposal is not creating a new establishment, merely modifying the category of allowable alcohol sales at an existing establishment. G. The use will serve a public convenience in that the sale of alcoholic beverages for on -site consumption is an ancillary use to the restaurant. H. The use will not create the need for increased police services in that conditions are required to ensure proper control of the sale of alcoholic beverages for on -site consumption. I. The requested use at the proposed location will not. adversely affect the economic welfare of the community. J. The exterior appearance of the structure will not be inconsistent with the external appearance of commercial structures already constructed or under construction on surrounding properties, or within the immediate neighborhood so as to cause blight, deterioration or substantially diminish property values within the neighborhood. 0001®62 Honorable Planning Commission January 4, 2005 Page 4 PROCESSING TIME LIMITS Time limits have been established for the processing of development projects under the Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the Subdivision Map Act (Government Code Title 7, Division 2), and the California Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13, and California Code of Regulations, Title 14, Chapter 3). Under the applicable provisions of these regulations, the following timelines have been established for action on this project: Date Application Determined Complete: December 2, 2004 Planning Commission Action Deadline: February 2, 2005 Upon agreement by the City and Applicant, one (1) 90 -day extension can be granted to the date action must be taken on the application. ENVIRONMENTAL DETERMINATION In accordance with the City's environmental review procedures adopted by resolution, the Community Development Director determines the level of review necessary for a project to comply with the California Environmental Quality Act (CEQA). Some projects may be exempt from review based upon a specific category listed in CEQA. Other projects may be exempt under a general rule that environmental review is not necessary where it can be determined that there would be no possibility of significant effect upon the environment. A project which does not qualify for an exemption requires the preparation of an Initial Study to assess the level of potential environmental impacts. Based upon the results of an Initial Study, the Director may determine that a project will not have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient environmental documentation. If the Director determines that a project has the potential for significant adverse impacts and adequate mitigation cannot be readily identified, an Environmental Impact Report (EIR) is prepared. The Director has reviewed this project and found it to be Categorically Exempt in accordance with Section 15301 (Class 1, Existing Facilities) of the California Code of Regulations (CEQA Guidelines). No further environmental documentation is required. 0000E-3 Honorable Planning Commission January 4, 2005 Page 5 STAFF RECOMMENDATION 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC -2005- conditionally approving Conditional Use Permit No. 2004 -06. ATTACHMENTS: 1. Location Map 2. Project Exhibits A. Site Plan B. Floor Plan 3. Draft PC Resolution with Conditions of Approval 000'064 - - CHARLES ST - - _ - - - - - CHARLES ST - - �I �I a } iqj CHARLES ST _ CHARLES ST -_ i r. I gi of z a I N -- HIGH ST - - -L -- - --- -- HIGH ST _- L S T LOCATION MAP NORTH PC ATTACHMENT 1 O0(OGS Y J � i �a.,. fr � l' � � .•\Lr �:•.nnaesr +r y. .urge.. t1 i .Ta. as tox 3. 3 � i ( f ..mY�;.. ^�•. +jd waow aL IIN at . I 3 I —+-` — CaaP I i [T %Y E- -• s:as�„i,. fp.L.. LLI:.k. —_. ._.._�,. .' 1��1.�.�..e���,r^ a - [1 �kAlt. 'M1f�M. 7'<xb . L PC ATTACHMENT 2A 03(3006 . .. . . ................ . . . . ....... ...... LI-X; ... ....... ... . ....... . Iwo ..... . ... . PC ATTACHMENT 2B 006067 RESOLUTION NO. PC -2005- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2004 -06 TO ALLOW THE SALE AND CONSUMPTION OF ALCOHOLIC BEVERAGES (IN ADDITION TO BEER AND WINE) IN CONJUNCTION WITH FOOD SERVICE AT THE SECRET GARDEN RESTAURANT ON THE APPLICATION OF MICHEL BARDAVID (SECRET GARDEN RESTAURANT) (APN 512 -0- 093 -18) WHEREAS, at a duly noticed public hearing on January 4, 2005, the Planning Commission considered Conditional Use Permit No. 2004 -06 to allow the sale and consumption of alcoholic beverages (in addition to beer and wine) in conjunction with food service at The Secret Garden Restaurant on the application of Michel Bardavid (Secret Garden Restaurant) (APN 512- 0 -093- 18); and WHEREAS, at its meeting of January 4, 2005, the Planning Commission considered the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal, closed the public hearing and reached a decision on this matter; and WHEREAS, the Planning Commission concurs with the Community Development Director's determination that this project is Categorically Exempt from the provisions of CEQA pursuant to Section 15301 as a Class 1 exemption for existing facilities, and that no other environmental documentation is required. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. CONDITIONAL USE PERMIT FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the Planning Commission makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.040: A. The proposed use is consistent with the intent and provisions of the City's General Plan, Zoning Ordinance, and other applicable regulations in that the sale of alcoholic beverages for on -site consumption is an ancillary S: \Community Development \DEV PMTS \C U P \2004 \06 Secret Garden \Reso \PC_Reso.doc PC ATTACHMENT 3 0010068 Resolution No. PC -2005- Page 2 use to the existing restaurant, a use consistent with the General Plan and Zoning. B. The proposed use is compatible with both existing and permitted land uses in the area in that the restaurant already exists and already serves beer and wine. C. The proposed use is compatible with the scale, visual character, and design of surrounding development in that the sale of alcoholic beverages for on -site consumption is an ancillary use to the existing restaurant and does not require any modifications to the building. D. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or uses in that conditions are required to ensure proper control of the sale of alcoholic beverages for on -site consumption. E. The proposed use would not be detrimental to the public interest, health, safety, convenience, or welfare in that conditions are required to ensure proper control of the sale of alcoholic beverages for on -site consumption. F. The use will not result in an over concentration in the area of establishments selling alcoholic beverages. The proposal is not creating a new establishment, merely modifying the category of allowable alcohol sales at an existing establishment. G. The use will serve a public convenience in that the sale of alcoholic beverages for on -site consumption is an ancillary use to the existing restaurant. H. The use will not create the need for increased police services in that conditions are required to ensure proper control of the sale of alcoholic beverages for on -site consumption. I. The requested use at the proposed location will not adversely affect the economic welfare of the community; and J. The exterior appearance of the structure will not be inconsistent with the external appearance of commercial structures already constructed or under construction on surrounding properties, or within the immediate neighborhood so as to cause blight, deterioration or substantially diminish or impair property values within the neighborhood. 006069 Resolution No. PC -2005- Page 3 SECTION 2. PLANNING COMMISSION APPROVAL: The Planning Commission hereby approves Conditional Use Permit No. 2004 -06 subject to the Conditions of Approval included in Exhibit A (Conditions of Approval), attached hereto and incorporated herein by reference. SECTION 3. CERTIFICATION OF ADOPTION: The Community Development Director shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: NOES: ABSTAIN: ABSENT: PASSED, AND ADOPTED this 4th day of January, 2005. Chair ATTEST: Barry K. Hogan Community Development Director Exhibit A: Conditions of Approval 00610 0 Resolution No. PC -2005- Page 4 EXHIBIT A CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2004 -06 A. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 1. The applicant's acceptance of this permit and /or commencement of construction and /or operations under this permit shall be deemed to be acceptance of all conditions of this permit. 2. The Conditions of Approval of this permit, City of Moorpark Municipal Code and adopted City policies at the time of the permit approval supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on plans. 3. Conditions of this entitlement shall not be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. 4. The applicant shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void,, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning the permit, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37. The City will promptly notify the applicant of any such claim, action or proceeding, and if the City should fail to do so or should fail to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. a. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding, if both of the following occur: i. The City bears its own attorney fees and costs; ii. The City defends the claim, action or proceeding in good faith. 00(101-111 Resolution No. PC -2005- Page 5 b. The applicant shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the applicant. The applicant's obligations under this condition shall apply regardless of whether a building permit is ultimately obtained, or final occupancy is ultimately granted with respect to the permit. 5. If any of the conditions or limitations of this approval are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 6. The development shall be in substantial conformance with the plans presented in conjunction with the application for Conditional Use Permit No. 2004 -06, except any modifications as may be required to meet specific Building Code and Zoning Code standards or other conditions stipulated herein. 7. All necessary permits shall be obtained from the Building and Safety Department and all construction shall be in compliance with the Moorpark Building Code and all other applicable regulations. 8. Approval of a Zoning Clearance shall be required prior to the issuance of building permits. All other permit and fee requirements must be met. 9. Entertainment is not approved as part of this Conditional Use Permit and shall require approval of a separate permit for entertainment. 10. Security personnel shall be provided to monitor the parking area(s) designated for use by customers of the restaurant during any activity that may require the need for additional security. The applicant shall work with the Police Department and Community Development Department staff to determine which activities shall. require additional security. The owner /manager shall be required to obtain Temporary Use Permit approval from the City of Moorpark when a scheduled activity could create a need for increased police presence. The only exception shall be for special events held by Moorpark based non - profit groups. 11. The applicant /proprietor shall reimburse the City of Moorpark for any additional police or other costs incurred by the City as a result of operations of the restaurant, including 150 overhead on any such services. 00('�O l� Resolution No. PC -2005- Page 6 12. At all times when the premises are open for business, the sale /service of alcoholic beverages shall be made only in conjunction with the sale /service of food. 13. There shall be no "walk -in" alcohol service for non - restaurant /banquet customers. Alcoholic beverages may only be sold /served to patrons of the facility during dining and /or banquet events. 14. There shall be no alcohol service at the conclusion of events. 15. No person under the age of eighteen (18) shall serve or package alcoholic beverages. 16. All exterior areas of the site, including parking areas under use by the restaurant, shall be maintained free of litter and debris at all times. 17. Conditional Use Permit No. 2004 -06 may be revoked or its use suspended by the City, if any of the causes listed in Section 17.44.080.B of the Zoning Code are found to apply, including if the use for which the permit was granted has not been exercised for at least twelve (12) consecutive months, has ceased to exist, or has been abandoned. The discontinuance for a period of one - hundred - eighty (180) or more days of a nonconforming use, or a change of nonconforming use to a conforming use, constitutes abandonment and termination of the nonconforming status of the use. B. POLICE DEPARTMENT CONDITIONS: 18. The City of Moorpark reserves the right to modify, suspend or revoke for cause this Conditional Use Permit consistent with Chapter 17.44 of the Moorpark Municipal Code or as may be amended in the future. 19. Sales, service or consumption of alcoholic beverages allowed by this Conditional Use Permit shall be permitted only between the hours of 10:00 a.m. and Midnight. 20. The facility shall at all times maintain records which reflect separately the gross sale of food and the gross sales of alcoholic beverages of the business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the Moorpark Police Department upon demand. 000073 Resolution No. PC -2005- Page 7 21. Areas inside the establishment open to customers shall be illuminated sufficiently to allow the identification of persons. 22. The applicant or his /her designee shall be responsible to police the exterior of the business to assure that no alcoholic beverages are consumed within the parking lot. The applicant shall not permit any loitering in the parking lot or in areas adjacent to the facility. 23. No exterior advertising of any kind or type is allowed promoting or indicating the availability of alcoholic beverages. Interior displays of alcoholic beverages that are clearly visible to the exterior shall constitute a violation of this condition. 24. The permittee must correct any safety or security problem within thirty (30) days upon written notice of such a problem from the Moorpark Police Department. 25. Any and all employees directly involved or supervising the sale /service of alcoholic beverages shall provide evidence and the business shall maintain records that employees have: a. Received training from the State of California Department of Alcoholic Beverage Control "Leadership and Education in Alcohol and Drugs" LEAD program in the form of an ABC - issued certificate. b. The Owner /Manager shall confirm with the California Department of Alcoholic Beverage Control within fifteen (15) days of hire any new employee has been scheduled with the local (Santa Barbara ABC office) to attend the LEAD program course. Alternatively, this course attendance requirement may be met through a Lead certified agency or company approved by the State of California. - End - 0000'74 ITEM: 9.A. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Directo Prepared by Joseph Fiss, Principal Planner DATE: December 16, 2004 (PC Meeting of 01/04/05) SUBJECT: Project Introduction of Residential Planned Development Permit No. 2003 -04, General Plan Amendment 2003 -04, Zone Change 2003 -03, Tentative Tract Map No. 5463, an Expansion of the Country Club Estates Project on 43.3 Acres Located on the North Side of Championship Drive, East of Grimes Canyon Road and Residential Planned Development Permit No. 1994 -01 Modification No. 6, General Plan Amendment 2003 -041 Zone Change 2003 -03, Tentative Tract Map No. 5464, an Expansion of the Country Club Estates Project on 28.69 Acres Located North of Championship Drive, West of Walnut Canyon Road; on the Application of Toll Brothers, Inc. BACKGROUND The original Toll Brothers project, Moorpark Country Club, was approved under Residential Planned Development No. 1994 -01, Conditional Use Permit No. 94 -01, and Tentative Tract No. 4928 on April 17, 1996. Several modifications have been approved relating to the number of golf course holes, timing of improvements and landscaping, fencing and clubhouse requirements. A subsequent General Plan Amendment and a Zone Change were approved to align land use designation and zoning boundaries with tract boundaries, and to clarify setbacks for ornamental orchards. The current configuration of the project consists of two - hundred - sixteen (216) single- family dwellings and 27 holes of golf, with a clubhouse and maintenance facilities, located at the northern City limits on the west side of Walnut Canyon Road and extends westerly to include frontage on Grimes Canyon Road. Toll Brothers is now proposing expanding the Country Club Estates project to the northwest and northeast of the current boundaries. S: \Community Development \= PMTS \R P D \1994 -01 Toll \Toll Introduction 1.04.05 \Toll. Projec6 o o ^ v -15 Introduction.PC.1.04.04.doc Honorable Planning Commission January 4, 2005 Page 2 DISCUSSION Toll Brothers, Inc. has entered into purchase agreements for two parcels adjacent to their existing project. One site is 43.3 acres located at the northwest corner of the project and the other site is 28.69 acres located at the northeast corner of the project. Due to its configuration and access, the 43.3 acre site is being designed as a "stand- alone" development (Exhibit A) whereas the 28.69 acre site is being designed as an "extension" of the existing development (Exhibit B). The projects are being processed concurrently. A summary of each project follows. Residential Planned Development Permit No. 2003 -04, General Plan Amendment 2003 -04, Zone Change 2003 -03, Tentative Tract Map No. 5463 (Toll Brothers, Inc.): Description: An expansion of the Country Club Estates Project on 43.3 acres located on the north side of Championship Drive, east of Grimes Canyon Road. The development consists of 55 single- family residential homes. A change in the General Plan Designation from Rural Low Residential (RL) and Open Space -2 (OS -2) to Medium Low (ML) and Open Space (OS) , and a change in Zoning from RE (Rural Exclusive) -5 acre minimum lot size to Residential Planned Development (RPD) are also requested. The proposal has been circulated for agency comments. Agency comments have been returned and staff is initiating the environmental review process. Due to the complex nature of the project, staff has determined that it is necessary to contract for outside assistance to prepare the environmental initial study. The consultant will be working for the City but funded by the applicant. A Request for Proposals (RFP) was sent to several qualified consultants. A consultant has been selected and staff has drafted an agreement with the developer and an agreement with the consultant. The agreements have been reviewed by the City Attorney and were authorized for signature by the City Council on September 1, 2004. Residential Planned Development Permit No. 1994 -01 Modification No. 6, General Plan Amendment 2003 -04, Zone Change 2003 -03, Tentative Tract Map No. 5464 (Toll Brothers, Inc.): Description: An expansion of the Country Club Estates Project north of Championship Drive, west of Walnut Canyon Road. The development consists of 36 single - family residential homes on 28.69 acres. A change in the General Plan Designation from Rural Low Residential (RL) and Open Space -2 (OS -2) to Medium Low (ML) and Open Space (OS) and a change in Zoning from RE (Rural Exclusive) -5 acre minimum lot size to Residential Planned Development (RPD) are also requested. U0007G Honorable Planning Commission January 4, 2005 Page 3 The proposal has been circulated for agency comments. Agency comments have been returned and staff has initiated the environmental review process through approved contracts with a consultant to prepare the environmental initial study. The consultant is working for the City but funded by the applicant. RECOMMENDATION: Receive and File. ATTACHMENTS: 1. Location Map 2. Aerial Photograph 3. Project Exhibits A. TTM 5463 B. TTM 5464 000077 T Aerial Photograph NORTH PC ATTACHMENT 2 O O r O CJ H H n x H W 0 LO! AflCAS �� CO 1 � 1 1�-µ- I r � f' A GPVfS CAMXW R�MO F.. ��IIRVq 6%K A! -101 eMl IC 51/rtTR 0 .YLIT9.WY ACLf33 C) LOT ARMS MF OATA LAAV USE DATA M NOTES hr RaMD a#W DEWL Cw fiv 0 COUNTRY CLUB ESTATES AT MOORPARK EAST Tentative Tract 5464 Z' SHFI ITEM: 9. B. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Director Prepared By: Laura Stringer, Senior Manageme alyst DATE: December 1, 2004 (PC Meeting of 1/4/2005) SUBJECT: Consider Regular Meeting Schedule, Time and Place BACKGROUND Section 11.1 of Resolution No. PC- 2004 -466 (Rules of Procedure for Commission Meetings and Related Functions and Activities), states that the Planning Commission shall hold regular monthly or bi- monthly meetings as determined by the Commission at its first regular meeting of each year, and that such determination shall include the dates, time and place of such meetings. As this is the first meeting of the year for a newly seated Planning Commission, it is appropriate to set the Planning Commission calendar for the year. Moorpark Municipal Code Section 2.36.100 deems a regular meeting to be one that is set by law, rule of the Planning Commission, or any regularly advertised public hearing. DISCUSSION Regular Planning Commission meetings for the past two years have been held the first (1St) and third (3rd) Tuesday of each month, starting at 7:00 p.m. Staff suggests that one regular meeting per month will provide for better use of staff and. Planning Commission time, while still providing appropriate service to the public. A recommended calendar of meetings for the fourth (4th) Tuesday of each month, stating at 7:00 pm, is attached. The fourth Tuesday of the month was selected to avoid conflict with the Moorpark Unified School District meetings which occur on the second Tuesday of each month. If additional meetings are needed to accommodate heavier work loads or to address Permit S: \Community Development \ADMIN \COMMISSION\P C POLICIES \agenda reports \2005 \pc 050104 meelotfj ® Cis time. doc Honorable Planning Commission January 4, 2005 Page No. 2 Streamlining Act constraints, a for the second (2nd) Tuesday of indicates the dates of regularly for reference. STAFF RECOMMENDATION Adopt a regular meeting of each month starting Council Chambers, 799 commencing on the fourth 25) Attachment: Special Meeting could be called the month. The calendar also scheduled City Council meetings schedule to be the fourth (4th) Tuesday at 7:00 p.m. at the Moorpark City Hall Moorpark Avenue, Moorpark, CA 93021, (4th) Tuesday of January, 2005 (January Recommended Regular Planning Commission Meeting Calendar 006083 PLANNING COMMISSION PLANNING COMMISSION REGULAR MEETINGS AHICU COMMITTEE MEETINGS 7:00. PM 4h TUESDAY OQQ PM 3�WEIDNESDAYS (CERTAIN PLANNING CO(ICIMMSION ANDVOR CITY COUNCIL MEETINGS MAYBE CANCELLED DURING JULY ANWOR AUGUST FOR SUMMER RECESS) PC ATTACHMENT 000084 2005 RECOMMENDED REGULAR MEETING CALENDAR Moorpark City Hall Council Chambers, Moorpark 799 Moorpark Avenue 930' 21 Contact grice ci.moor ark.ca.us for information NUM-0 =71- -41 MW SU MO TU WE TH FR SA SU MO TU WE TH FR SA SU MO TU WE TH FR SA 1 1 2 3 4 5 1 2 3 4 5 2 3 4 5 6 7 8 6 7 8 9 10 11 12 6 7 8 9 10 11 12 9 10 11 12 13 14 15 13 14 15M 17 18 19 13 14 15= 17 18 19 16 17 18= 20 21 22 20 21 -2 23 24 25 26 20 21,--,-, 23 24 25 26 23 24,-,AN, -5 26 27 28 29 27 28 27 28 29 30 31 30 31 MEBANE=, SU MO TU WE TH FR SA SU MO TU WE TH FR SA SU MO TU WE TH FR SA 1 2 1 2 3 4 5 6 7 1 2 3 4 3 4 5 6 7 8 9 8 9 10 11 12 13 14 5 6 7 8 9 10 11 10 11 12 13 14 15 16 15 16 17M 19 20 21 12 13 14= 16 17 18 17 18 19= 21 22 23 22 23;,--, 25 26 27 28 19 20 21 22 23 24 25 24 2561"l-g 27 28 29 30 29 30 31 26 27, 29 30 j SU MO TU WE TH FR SA SU MO TU WE TH FR SA SU MO TU WE TH FR SA 1 2 1 2 3 4 5 6 1 2 3 3 4 5 6 7 8 9 7 8 9 10 11 12 13 4 5 6 7 8 9 10 10 11 12 13 14 15 16 14 15 16= 18 19 20 11 12 13 14 15 16 17 17 18 19M 21 22 23 21 22, 24 25 26 27 18 19 20= 22 23 24 24 250� 27 28 29 30 28 29 30 31 25 26 28 29 30 31 -I Z-1-11 -am SU MO TU WE TH FR SA SU MO TU WE TH FR SA SU MO TU WE TH FR SA 1 1 2 3 4 5 1 2 3 2 3 4 5 6 7 8 6 7 8 9 10 11 12 4 5 6 7 8 9 10 9 10 11 12 13 14 15 13 14 15M 17 18 19 11 12 13 14 ', 5 16 17 16 17 18= 20 21 22 20 21 A� 23 24 25 26 18 19 20= 22 23 24 23 24"A' 26 27 28 29 27 28 29 30 25 26 28 29 30 31 30 31 PLANNING COMM11SSI L MEETINGS - I' TUESDAY OF THE YEAR 7,00 PM 11�T AND 3v-O'W EDNES DAYS PLANNING COMMISSION REGULAR MEETINGS AHICU COMMITTEE MEETINGS 7:00. PM 4h TUESDAY OQQ PM 3�WEIDNESDAYS (CERTAIN PLANNING CO(ICIMMSION ANDVOR CITY COUNCIL MEETINGS MAYBE CANCELLED DURING JULY ANWOR AUGUST FOR SUMMER RECESS) PC ATTACHMENT 000084