HomeMy WebLinkAboutAG RPTS 2005 0125 PC REGResolution No. PC- 2005 -470
PLANNING COMMISSION
REGULAR MEETING AGENDA
TUESDAY - JANUARY 25, 2005
7:00 P.M.
Moorpark Community Center
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
799 Moorpark Avenue
4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS:
5. REORDERING OF, AND ADDITIONS TO THE AGENDA:
6. CONSENT CALENDAR:
A. Regular Meeting Minutes of January 4, 2005
7. PUBLIC COMMENTS:
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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 25, 2005
Page No. 2
8. PUBLIC HEARINGS:
(next Resolution No. 2005 -470)
A. Consider Conditional Use Permit No. 2004 -05 to Allow
Retail Sales, Customization and Service of Trailers in
the M -1 (Industrial Park) Zone at 5238 Kazuko Court
"B" on the Application of Garrett Custom Trailers (APN
511 -0- 070 -705).
Staff Recommendation: 1) Open the public hearing,
accept public testimony and close the public hearing;
and 2) Based upon the testimony given at the hearing
and the evidence presented in the staff report, direct
staff to bring a resolution back to the Commission at
its next meeting approving or denying the application
based upon meeting or not meeting the required
findings. The Planning Commission may approve,
conditionally approve, deny or modify, wholly or
partly, the application being reviewed. The Planning
Commission may impose such conditions and limitations
as it deems necessary to assure that the general
purpose and intent of the Municipal Code will be
observed.
The decision of the Planning Commission is final
unless
a written appeal is filed with
the
Community
Development
Director, accompanied by the
required
fee,
within
ten (10) calendar days of
the
Planninq
Commission action.
9. DISCUSSION ITEMS:
10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
A. February 22, 2005
B. March 22, 2005
11. ADJOURNMENT:
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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).
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ITEM: 6.A.
Planning Commission, City of Moorpark, California
Minutes of January 4, 2005
Paae 1
1 The Regular meeting of the Planning Commission was held on
2 January 4, 2005, in the City Council Chambers; Moorpark Civic
3 Center; 799 Moorpark Avenue; Moorpark, California; 93021.
4 1. CALL TO ORDER:
5 Mr. Hogan called the meeting to order at 7:02 p.m.
6 2. PLEDGE OF ALLEGIANCE:
7 Mr. Hogan led the Pledge of Allegiance.
8 3. OATH OF OFFICE:
9 A. City Clerk Administers Oath of Office to the Planning
10 Commission (Staff: Deborah Traffenstedt)
11 City Clerk, Deborah Traffenstedt, administered the oath of
12 office to Planning Commissioners Mark DiCecco, Kipp Landis,
13 Robert Peskay, Scott Pozza and Mark Taillon.
14 Staff attending the meeting included Barry Hogan, Community
15 Development Director; David Bobardt, Planning Manager;
16 Joseph Fiss, Principal Planner; Scott Wolfe, Principal
17 Planner; Laura Stringer, Senior Management Analyst, and
18 Gail Rice, Administrative Secretary.
19 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS:
20 A. Consider Selection of Chair and Vice Chair
21 Mark DiCecco
22 Kipp Landis
23 Robert Peskay
24 Scott Pozza
25 Mark Taillon
26 Staff Recommendation: 1) Open the floor to nominations
27 for a Chair; 2) Once sufficient nominations have been
28 made, close the nominations and vote; 3) Open the
29 floor for nominations for a Vice Chair; and 4) Once
30 sufficient nominations have been made, close the
31 nominations and vote. (Staff: Barry Hogan)
32 MOTION: Commissioner Landis nominated and Commissioner
33 Peskay seconded a motion to nominate Scott Pozza as Chair.
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Planning Commission, City of Moorpark, California
Minutes of January 4, 2005
Paae 2
1
The
(Motion passed with a unanimous
Voice Vote)
2
Garden Restaurant was also in Census Tract
MOTION: Commissioner DiCecco
nominated and Commissioner
3
rule referenced on liquor sales and
Taillon seconded a motion to
nominate Commissioner Peskay
4
monitoring of sales of alcohol versus
as Vice Chair.
5
(Motion passed with a unanimous
Voice Vote)
6
5.
REORDERING OF, AND ADDITIONS TO
THE AGENDA:
7
None.
8
6.
CONSENT CALENDAR:
9
A. Regular Meeting Minutes of December 7, 2004.
10
MOTION: Vice Chair Peskay moved and Commissioner DiCecco
11
seconded a motion that the
Planning Commission Regular
12
Meeting Minutes of December 7,
2004, be approved.
13
(Motion passed with a unanimous
5:0 voice vote.)
14
7.
PUBLIC COMMENTS:
15
None.
16
8.
PUBLIC HEARINGS:
17
(next Resolution No. 2005 -467)
18
19
20
21
22
23
24
25
26
27
28
29
30
31
A. 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. (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
Conditional Use Permit No. 2004 -04, subject to
conditions.
32 Barry Hogan gave the staff presentation.
33
The
Commission questioned staff whether
the Secret
34
Garden Restaurant was also in Census Tract
76.02; the
35
50%
rule referenced on liquor sales and
who handles
36
the
monitoring of sales of alcohol versus
the sale cf
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Planning Commission, City of Moorpark, California
Minutes of January 4, 2005
Paste 3
1
food; the number of restaurants in the project and the
2
difference between hours of operations for different
3
Conditional Use Permits.
4
Chair Pozza opened the public hearing.
5
John Newton, applicant's representative, stated that
6
the proposed Conditions of Approval were acceptable to
7
the applicant. He commented on the hours of operation,
8
and mentioned that the applicant met with concerned
9
residents from the neighboring Homeowner's
10
Association.
11
Larry Greene, applicant, stated he had signed leases
12
for three restaurants, two of which had also applied
13
for an ABC license.
14
The Commission questioned the applicant on the retail
15
sale of wine, premium alcohol and tobacco, and
16
requested staff to add a condition for the store to
17
participate in the "We Card" program.
18
John Houchins, resident, commented on the distance
19
between the proposed center and the residences,
20
stating a concern with loitering. He commented on
21
over - concentration of alcohol sales in the area and
22
requested a change in the hours of operation.
23
John Miller, resident, commented on prohibiting beer
24
sales, the number of restaurants and retail stores
25
serving alcohol, and closing hours earlier than 10:00
26
p.m. He stated concerns with left turn egress from the
27
project site, activity at the back doors which are
28
within fifty -five feet from the residences and
29
requested a condition that would limit usage of these
30
doors. He also stated a concern with the project
31
meeting air quality requirements and hand stickers
32
being placed on resident's vehicles. He also requested
33
a restriction on the liquor store's advertising.
34 Chair Pozza closed the public hearing.
35 Four written statement cards were received.
36 The Commission questioned staff on the regulation of
37 back door usage, restrictions on trash removal,
38 whether the Mexican food restaurant was dine -in or
39 take out, how to prevent people from using the
40 restaurants as a bar only, how the City could prevent
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Planning Commission, City of Moorpark, California
Minutes of January 4, 2005
Paae 4
1 loitering, and the timeframe on Conditional Use
2 Permits versus an ABC permit.
3 The Commission suggested that the permit be limited to
4 three restaurants and one site retail sales to include
5 premium liquor and wine but no beer sales. They also
6 recommended that the premium wine store be required to
7 participate in the "We Card" program. The Commission
8 discussed over - concentration of alcohol sales within
9 the census tract, and recommended that the premium
10 wine store close by 10:00 p.m. They also questioned
11 the need for a condition regarding enforcement of the
12 sign ordinance for the project.
13 MOTION: Commissioner DiCecco moved and Commissioner
14 Landis seconded a motion to approve staff
15 recommendation and adopt Resolution No. 2005 -467, with
16 amended conditions to include:
17 • No beer sales at the retail liquor store;
18 • Participation in the "We Card" program by the
19 retail liquor store;
20 • Limit of only three (3) restaurant establishments
21 that may sell beer and wine with food service;
22 • Limit of liquor store hours of operation to 6:OC
23 a.m. to 10:00 p.m.;
24 • Requirement that back doors kept closed and used
25 for emergency access only and that trash removal
26 be done prior to 8:00 p.m.; and
27 • Removal of a proposed condition that restricts
28 advertising displays inside the retail liquor
29 store.
30 (Motion passed with a unanimous 5:0 voice vote.)
31 Planning Commission approval of this item is final
32 unless appealed within ten (10) days.
33 B. Consider Zoning Ordinance Amendment No. 2004 -05, a
34 Request to Amend Chapter 17.74 of the Moorpark
35 Municipal Code Relating to the Development Standards
36 of Specific Plan No. 2; and Residential Planned
37 Development Nos. 2004 -02 and -03, for Construction of
38 a Total of 132 Single - Family, Detached Residential
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Planning Commission, City of Moorpark, California
Minutes of January 4, 2005
Paae 5
1
Units within Specific Plan No. 2, Located
2
Approximately One -half Mile North of the Northerly
3
Terminus of Spring Road and Three - fourths of One Mile
4
East of Walnut Canyon Road, on the Application of
5
Pardee Homes. (Assessor Parcel Numbers: Portions of
6
500 -0- 270 -07, 500 -0- 027 -08, 500 -0- 270 -19, 500- 0 -270-
7
20, 500 -0- 024 -03, 500 -0- 024 -04, 500 -0- 024 -22, 500 -0-
8
024 -23) (Staff: Scott Wolfe)
9
Staff Recommendation: 1) Open the public hearing,
10
accept public testimony and close the public hearing;
11
and 2) Adopt Resolution No. PC -2005- recommending
12
to the City Council conditional approval of Zoning
13
Ordinance Amendment No. 2004 -05, Residential Planned
14
Development Permit No. 2004 -02, and Residential
15
Planned Development Permit No. 2004 -03.
16
Scott Wolfe gave the staff presentation.
17
The Commission questioned staff regarding house
18
footprints on the lots and tight setbacks. The
19
Commission asked questions regarding those homes that
20
would allow horses; plans to control the noise, odor
21
and insects; and access to the equestrian trail. The
22
Commission also questioned planned landscaping for
23
screening of equestrian access trails on slopes,
24
requirements for concrete pads and screening for
25
recreational vehicle or horse trailer storage, patio
26
cover construction, and solar panel requirements.
27
Chair Pozza opened the pub'Llc hearing.
28
Jim Bizzelle, applicant, stated he was available for
29
questions and commented that restrictions by CC &R's
30
will remain for all owners of the homes in the project
31
and maintenance of the slope could be through the
32
Homeowner's Association.
33
Gary Armstrong, applicant's engineer, commented on the
34
various lots and setbacks in Planning Areas 8 and 9.
35
Loren Smets, applicant's architect, commented on the
36
elevations for Planning Areas 8 and 9.
37
Paul Hoffineier, resident, commented on concerns
38
regarding the amount of dirt created by construction,
39
heavy equipment noise and dislocated animals. He
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Planning Commission, City of Moorpark, California
Minutes of January 4, 2005
Page 6
1
commented on small lots, square footage and setbacks
2
in Planning Area 9.
3
Pete Peters, resident, commented the equestrian
4
trails, horse keeping on smaller lots, and traffic
5
issues for access to the trail system which crosses
6
Walnut Canyon Road.
7
The Commission questioned the applicant regarding
8
proposed trail access to Planning Area 8, the Moorpark
9
Municipal Code requirements for horse keeping and
10
patio cover designs matching the horse facility
11
structures.
12
Chair Pozza closed the public hearing.
13
There were no written statement cards received.
14
The Commission discussed parking restrictions on
15
private streets and tandem parking, notification to
16
purchasers in both Planning Areas 8 and 9 that horse
17
keeping is allowed in Planning Area 8. They suggested
18
that a copy of Municipal Code 17.28.030 be provided to
19
each purchaser for an understanding of horse keeping
20
laws. The Commission also requested that staff
21
consider lot 304 setbacks, accommodation for large
22
vehicles, reduction in rear yard setbacks, existing
23
dimensions for Planning Area 8, recreational vehicle
24
access and screening, and setbacks between the homes
25
on "B" Street.
26
MOTION: Commissioner Taillon moved and Commissioner
27
Landis seconded a motion to approve staff
28
recommendation, adopting Resolution No. PC- 2005 -468
29
recommending City Council conditional approval of
30
Zoning Ordinance Amendment No. 2004 -05, Residential
31
Planned Development Permit No. 2004 -02, and
32
Residential Planned Development Permit No. 2004 -03
33
approval, with the Conditions of Approval, as amended
34
to include:
35 0 A requirement that recreational vehicle storage
36 areas include a concrete surface and be screened
37 by a solid gate.
38 • CC &R's to include disclosure of horse keeping in
39 Planning Area 8 and information on animal keeping
40 regulations.
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Planning Commission, City of Moorpark, California
Minutes of January 4, 2005
PacTe 7
1 • A deviation of at least five feet (5') in front
2 yard setbacks, to the satisfaction of the
3 Community Development Director.
4 • Enhancement of the street side elevation of the
5 house on lot 254.
6 • A twenty foot (20') front yard setback for lot
7 304.
8 • Rear yard slope maintenance within Planning Area
9 8 to be the responsibility of the Homeowner's
10 Association.
11 (Motion passed with a unanimous 5:0 voice vote.)
12 C. Consider Conditional Use Permit No. 2004 -06, A
13 Conditional Use Permit to Allow the Sale and
14 Consumption of Alcoholic Beverages (in Addition to
15 Beer and Wine) in Conjunction with Food Service at 255
16 E. High Street (Secret Garden Restaurant) on the
17 Application of Michel Bardavid (APN 512 -0- 093 -18)
18 (Staff: Joseph Fiss)
19 Staff Recommendation: 1) Open the public hearing,
20 accept public testimony and close the public hearing;
21 and 2) Adopt Resolution No. PC -2005- conditionally
22 approving Conditional Use Permit No. 2004 -06.
23 Joseph Fiss gave the staff presentation.
24 The Commission questioned staff on the varied closing
25 times for Conditional Use Permits which involved
26 alcohol sales.
27 Chair Pozza opened the public hearing.
28 Michele Bardavid, applicant, stated his intent was not
29 to install a bar in his restaurant but to offer
30 alcoholic drinks with patron's meals.
31 Chair Pozza closed the public hearing.
32 There were no written statement cards received.
33 The Commission commented the Secret Garden Restaurant
34 was one of the highlighted businesses in the City.
35 MOTION: Commissioner iandis moved and Vice Chair
36 Peskay seconded a motion to approve staff
37 recommendation, adopting Resolution No. PC- 2005 -469.
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Planning Commission, City of Moorpark, California
Minutes of January 4, 2005
Pacfe 8
1 (Motion passed with a unanimous 5:0 voice vote.)
Planning Commission approval of this item is final
3 unless appealed within ten (10) days.
4 9. DISCUSSION ITEMS:
5 A. Project Introduction of Residential Planned
6 Development Permit No. 2003 -04, General Plan Amendment
7 2003 -04, Zone Change 2003 -03, Tentative Tract Map No.
8 5463, an Expansion of the Country Club Estates Project
9 on 43.3 Acres Located on the North Side of
10 Championship Drive, East of Grimes Canyon Road and
11 Residential Planned Development Permit No. 1994 -01
12 Modification No. 6, General Plan Amendment 2003 -04,
13 Zone Change 2003 -03, Tentative Tract Map No. 5464, an
14 Expansion of the Country Club Estates Project on 28.69
15 Acres Located North of Championship Drive, West of
16 Walnut Canyon Road; on the Application of Toll
17 Brothers, Inc. (Staff: Joseph Fiss)
18 Staff Recommendation: Receive and File.
19 Joseph Fiss gave staff presentation,
20 Mr. Hogan commented on the public hearing process,
21 environmental review and stated the desigr, �7ill
22 enhance the City entrance on both Walnut Canyon and
23 Grimes Canyon Roads. He noted a potential conflict of
24 interest with one of the Commissioners.
25 B. Consider Regular Meetinq Schedule, Time and Place.
26
Staff Recommendation: Adopt a regular meeting schedule
27
to be the fourth (4th) Tuesday of each month starting
28
at 7:00 p.m. at the Moorpark City Hall Council
29
Chambers, 799 Moorpark Avenue, Moorpark, CA 93021,
30
commencing on the fourth (4th) Tuesday of January, 2005
31
(January 25). (Staff: Laura Stringer)
32
Laura Stringer gave the staff presentation.
33
The Commission questioned if the recommended schedule
34
conflicted with the school board district meetings.
35
Staff provided clarification.
36
MOTION: Chair Pozza moved and Commissioner DiCecco
37
seconded a motion to approve staff recommendatisr.,
38
(Motion passed with a unanimous 5:0 voice vote „o
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Planning Commission, City of Moorpark, California
Minutes of January 4, 2005
Pacre 9
C. Consider Electronic Agenda Packets for Planning
Commissioners.
No Agenda Report (Staff: Barry Hogan)
Mr. Hogan provided a brief overview of staffs desire
to furnish the Commission electronic copies of all
future agenda packets.
Commissioner DiCecco requested to be a beta tester.
D. Consider Brown Act Requirements /Questions
No Agenda Report (Staff: Barry Hogan)
Mr. Hogan explained that a power point presentation
was forwarded to the Commission for review and that
staff was available for questions. He discussed
disclosure and conflict of interest.
10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
A. January 25, 2005
+ Conditional Use Permit No. 2004 -05 - Garrett
Custom Trailers
B. February 22, 2005
Mr. Hogan gave the Commission an overview of future agenda
items.
11. ADJOURNMENT:
MOTION: Commissioner Landis and Vice Chair Peskay seconded
a motion to adjourn the meeting.
(Motion carried with a unanimous 5:0 voice vote.)
The meeting was adjourned at 9 :48 p.m.
Scott Pozza, Chair
ATTEST:
Barry K. Hogan, Community Development Director
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TO:
FROM:
DATE:
ITEM: 8.A.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
Honorable Planning Commission
Barry K. Hogan, Community Development Director
Prepared by Joseph Fiss, Principal Planner;'
January 19, 2005 (PC Meeting of 1/25/05)
SUBJECT: Consider Conditional Use Permit No. 2004 -05 to Allow
Retail Sales, Customization and Service of Trailers in
the M -1 (Industrial Park) Zone at 5238 Kazuko Court "B"
on the Application of Garrett Custom Trailers (APN 511 -0-
070 -705) .
BACKGROUND
Garrett Custom Trailers has submitted a request for a Conditional
Use Permit to occupy an existing 5,500 square -foot building at 5238
Kazuko Court "B" for sales, customization and service of trailers.
The applicant has been operating this proposed use without proper
permits since March 2004. This application was filed as a result
of an ongoing code compliance case. Section 17.44.060(C) of the
Zoning Code states that the Community Development Director may
allow acceptance of an application, if the application is necessary
to abate the existing violation. The Zoning Ordinance requires
approval of a Conditional Use Permit for vehicle sales in the M -1
or M -2 zones, and for "manufacturing" uses within one - hundred feet
(100') of residentially zoned property.
DISCUSSION
Project Setting
Existing Site Conditions:
The existing industrial building on the project site is part of a
series of light industrial buildings built in the late 1980's and
early 1990's in the area. The most recent use on record for this
building was for garment manufacturing. While this light industrial
area abuts the Moorpark Estates residential neighborhood, access is
from Los Angeles Avenue via Goldman Avenue or Maureen Lane. A
narrow landscaped area on the site exists as a buffer between the
residential and industrial uses.
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Honorable Planning Commission
January 25, 2005
Page 2
Previous Applications:
This building was originally approved in 1988 under Development
Plan (DP) No. 343. Other than tenant improvements for heating
equipment, there have been no other approved modifications to the
building.
General Plan and Zoninq Consistencv:
The General Plan and Zoning designations of the site anticipate
this type of land use in this situation subject to a Conditional
Use Permit. The General Plan and Zoning designations are intended
to provide for a variety of light industrial uses within the City.
Suitable uses adjacent to residential areas include light
industrial service, technical research and business office use in a
business park context.
Proposed Project
Use:
Garrett Custom Trailers is proposing to legalize its occupancy and
use of the existing building on the site. No enlargement of the
building or other exterior modifications are proposed at this time.
Anticipated typical impacts from this type of use are associated
with noise, on- and off -site circulation, hours of operation and
outdoor storage. All of these issues are discussed in detail in
the analysis section of this agenda report.
Circulation:
The site takes access directly from Kazuko Court with a "looped"
driveway system that allows larger vehicles to enter and exit
without reversing. The application indicates that inbound
deliveries are made twice a day by United Parcel Service (UPS) and
other deliveries occur once or twice a day. Issues related to on-
and off -site circulation are discussed further in the Analysis
section of this report.
cwj 01-1
GENERAL PLAN /ZONING
Direction
General
Plan
Zoning
Land Use
Site
. . . _.__._
............_._._......._..__ . . .............. ..
Light
............. .................. . ..... ....... .... ... . ........................
Ind
. ... .........................
(I -1)
.... ..............
M -1
Light
Industrial
North
.........
Light
Ind
... ...................
(I -1)
..............._...._.............. .....................................................
M -1
....................._..................
Light
_........................ .......... ..................... ....
Industrial
.... ..........._.. ....... _ ........... _ ................ . ... __ ....
South _ .. _.
...... ................................................... _ .....
y Light
...... . ...........
.... ........ _._ ...............
Ind
........
.......... ........ ......................................
(I -1)
_...... _ ...........
.................I ....... ..... . _..__._..................
M -1
_...._...............................................................................................
Light
...............................
Industrial
East
Meal Density
Res (M)
......._......................_ ... .......... ... ............
R -1
_.... .............. .............. _.............................................
Sin le
g
......... _ .... ...... ..... .............. ............
Family Res
Y
West
_......
Light
.._._......_..
Ind
(I -1)
M -1
Light
Industrial
General Plan and Zoninq Consistencv:
The General Plan and Zoning designations of the site anticipate
this type of land use in this situation subject to a Conditional
Use Permit. The General Plan and Zoning designations are intended
to provide for a variety of light industrial uses within the City.
Suitable uses adjacent to residential areas include light
industrial service, technical research and business office use in a
business park context.
Proposed Project
Use:
Garrett Custom Trailers is proposing to legalize its occupancy and
use of the existing building on the site. No enlargement of the
building or other exterior modifications are proposed at this time.
Anticipated typical impacts from this type of use are associated
with noise, on- and off -site circulation, hours of operation and
outdoor storage. All of these issues are discussed in detail in
the analysis section of this agenda report.
Circulation:
The site takes access directly from Kazuko Court with a "looped"
driveway system that allows larger vehicles to enter and exit
without reversing. The application indicates that inbound
deliveries are made twice a day by United Parcel Service (UPS) and
other deliveries occur once or twice a day. Issues related to on-
and off -site circulation are discussed further in the Analysis
section of this report.
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Honorable Planning Commission
January 25, 2005
Page 3
Parking:
Parking is provided on -site. Driveways and backing areas are
shared by the abutting and adjacent buildings. The applicant has
used parking spaces for outside storage of trailers. No
modifications to the parking lot striping are proposed or
anticipated at this time.
ANALYSIS
Issues
Staff analysis of the proposed project has identified the following
areas for Planning Commission consideration in their decision on
this application:
• On- and Off -Site Circulation
• Outdoor Storaae
• Hours of Operation
• Code Compliance
On- and Off -Site Circulation:
As discussed above, the site takes access directly from Kazuko
Court with a "looped" driveway system that allows larger vehicles
to enter and exit without reversing. Depending upon the size of
delivery vehicles, those vehicles can either turn around using the
loading area or continue the "loop" and exit from the opposite
driveway. This system limits the number of movements that a
vehicle is required to make to exit the site.
There is no access from the residential neighborhood to the east,
but there have already been a number of noise complaints from
adjacent residents related to trucks idling and vehicles being
hitched and unhitched while loading and unloading.
Outdoor Storage:
Since staff became aware of the illegal occupancy we have noted
that Garrett Custom Trailers has frequently stored trailers in the
parking and loading areas, affecting not only on -site circulation,
but also affecting aesthetics, availability of on -site street
parking, and noise levels in the adjacent residential neighborhood.
Complaints have been received regarding welding and grinding
activities in the parking lot adjacent to the residences, and
trailers have been stored on the public street. The applicant has
been ordered to cease all outdoor activities, however, the work and
the neighborhood complaints continue.
0 t, r'
Honorable Planning Commission
January 25, 2005
Page 4
Hours of Operation:
Due to the adjacent residential neighborhood, hours of operation
are a concern. When land use conflicts occur, hours of operation
should be restricted so that the adjacent residential neighborhood
is not unnecessarily inconvenienced. Complaints have been filed
regarding Garrett Custom Trailers working and loading /unloading
after 10:00 p.m. and on Saturdays and Sundays. Typical hours of
operation in this area are limited to 8:00 a.m. to 5:00 p.m. Monday
through Friday and 8:00 a.m. to 1:00 p.m. on Saturday, with no
operations permitted on Sunday. These hours are the same
restrictions that were recently approved for Warren Distributing,
which was approved under Conditional Use Permit 2004 -01 at 5316
Kazuko Court.
Code Compliance:
Garrett Trailers has been operating without proper permits at this
location since March 2004. The applicant has a record of using
other sites illegally, having used at least two (2) other sites in
the City for outdoor storage without permits. Code Compliance
staff interviewed complainants and confirmed first hand that
violations were in existence. The following is a chronology of
code compliance activities related to the use of this site by
Garrett Trailers:
• March 10, 2004 - The applicant was informed that a Conditional
Use Permit would be required in order to consider the land
use. The applicant was given until March 25, 2004 to turn in
an application.
• May 19, 2004 - The applicant was sent a letter (Attachment 4),
outlining specific conditions under which to operate while
they either relocated or submitted a Conditional Use Permit
application. The conditions were very specific as to hours of
operation and outdoor business activities, including washing
of equipment and outdoor storage.
• August 13, 2004 - Since no application had been received as
requested, the matter was referred to the City Attorney's
office.
• September 21, 2004 - The applicant agreed to end all outdoor
storage by September 28, 2004, and to submit a Conditional Use
Permit application by October 1, 2004.
• October 12, 2004 - The applicant attempted to turn in an
application, which was rejected by staff as incomplete.
• October 21, 2004 - The application and fees were submitted.
Honorable Planning Commission
January 25, 2005
Page 5
• November 12, 2004 - The applicant was notified, in writing,
that their application was incomplete (Attachment 5). This
notification reiterated the specific temporary conditions that
were given to them on May 19, 2004.
• November 19, 2004 - The City received a letter from the
applicant stating their understanding of the conditions and
that they would comply. Nonetheless, Garrett Trailers has not
complied with the temporary restrictions and has continued to
operate with disregard to their neighbors and to City codes.
Copies of the letters sent on May 19, 2004 and November 12, 2004
are attached. The applicant, by not even complying with minimum
temporary restrictions set forth and agreed to while this
application is in process has, in staff's opinion, demonstrated
that the use may not be compatible with existing neighboring
residential uses and may impair the utility of these properties
through the creation of noise impacts which can not be mitigated
given the nature of the business. Staff is concerned that, even
though specific temporary conditions have been applied to this use
while pursuing an administrative remedy (this Conditional Use
Permit), the applicant has willfully disregarded these conditions.
The Planning Commission may wish to ask the applicant what
assurances would the City have if it were approve this Conditional
Use Permit application that Garrett would comply with conditions,
after having shown disregard for the temporary conditions?
FINDINGS
Prior to approving, conditionally approving or denying an
application for a Conditional Use Permit, the Planning Commission
shall adopt written findings, by resolution, based upon substantial
evidence in view of the whole record to justify the decision.
Should the Planning Commission not be able to make any one of these
findings, the application could not be approved.
In order for a Conditional Use Permit to be approved, the Planning
Commission must find that:
1. The proposed use is consistent with the provisions of the
General Plan, Zoning Ordinance and any other applicable
regulations;
2. The proposed use is compatible with both existing and
permitted land uses in the surrounding area;
3. The proposed use is compatible with the scale, visual
character and design of surrounding properties;
4. The proposed use would not be obnoxious or harmful, or impair
the utility of neighboring property or uses; and
y () 1
Honorable Planning Commission
January 25, 2005
Page 6
5. The proposed use would not be detrimental to the public
health, safety, convenience or welfare.
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), 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: December 17, 2004
Planning Commission Action Deadline: February 15, 2005
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.
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.
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the
public hearing.
2. Based upon the testimony given at the hearing and the evidence
presented in the staff report, direct staff to bring a
resolution back to the Commission at its next meeting
approving or denying the application based upon meeting or not
meeting the required findings. The Planning Commission may
approve, conditionally approve, deny or modify, wholly or
partly, the application being reviewed. The Planning
Commission may impose such conditions and limitations as it
deems necessary to assure that the general purpose and intent
of the Municipal Code will be observed.
Honorable Planning Commission
January 25, 2005
Page 7
ATTACHMENTS:
1. Location Map
2. Aerial Photograph
3. Site Plan
4. May 19, 2004, Code Compliance Letter
S. November 12, 2004, Incompleteness Letter
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PC ATTACHMENT 3
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May 19, 2004
Gary Cosgrove
Garrett Custom Trailers
5238 # B Kazuko Court
Moorpark, CA 93021
CITY OF MOORPARK
....... _...
..._..........
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING - BUILDING AND SAFETY -- CODE ENFORCEMENT
799 Moorpark Avenue, Moorpark, California 93021 (805) 517 -8200 fax (805) 529 -8270
www.ci.moorpark ca.us
SUBJECT: NOTICE /Conducting operations without a Conditional Use Permit, Zone
Clearance for Occupancy or Business Registration. Case No C- 2004 -44
Mr. Cosgrove:
On May 12, 2004, you advised me that you would be relocating your business rather
than submitting the applications for the required permits to operate at your current
location. We acknowledge that reality would necessitate providing you more time to find
and secure a new business location.
However, as you are aware, your business is adjacent to residential properties and staff
had to respond to complaints regarding noise, after hour(s) activities and conducting
activities related to your business in the rear parking lot.
In an effort to balance your need for time to relocate while resolving any further
complaints, staff is providing you a ninety (90) day extension beginning today and
ending August 15, 2004 by which you must cease all activities and vacate your current
business site. This extension will remain effective only so long as you adhere to the
following extension conditions.
1. Hours of operation are 8:00 am & 5:00 p.m. Monday through Friday only.
2 No business activities can be conducted in any of the parking areas. All activities
must be contained within the building within the prescribed hours.
3. Washing of trailers is not to occur on -site, unless conducted inside the building
and the waste water is directed to an inside drain.
4. Outdoor storage of trailers is to cease by June 15, 2004.
PC ATTACHMENT 4
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02"
PATRICK HUNTER KEITH F. MILLHOUSE CLINT HARPER ROSEANN MIKOS JANICE PARVIN
Mayor Mayor Pro Tem Councilmember Councilmember Councilmember
Garrett C- 2004 -44
May 17, 2004
Page 2
If you have any questions you may contact me between 8:30 & 9:30 am or 4:30 & 5:30
pm Monday through Friday at (805) 517 -6232. The Moorpark Municipal Code is available
on the web at www.ci.moorpark.ca.us or at the public counter at City Hall.
Sincerely, r
Mario A Rilo r Sr.
Code Compliance Officer II
C: Joe Fiss, Principal Planner
Scott Wolfe, Principal Planner
November 12, 2004
Garrett Custom Trailers
Gary Cosgrove
5238 Kazuko Court, #B
Moorpark, CA 93021
CITY OF MOORPARK
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING -- BUILDING AND SAFETY -- CODE COMPLIANCE
799 Moorpark Avenue, Moorpark, California 93021 (805) 517 -6200 fax (805) 529 -8270
www.ci mooroark.ca.us
SUBJECT: INCOMPLETENESS LETTER
NO. 2004 -05 REQUESTING
ACCESSORY AND CUSTOM
COURT.
Dear Mr. Cosgrove,
FOR CONDITIONAL USE PERMIT (CUP)
APPROVAL TO CONDUCT A TRAILER
FABRICATION SHOP AT 5238 KAZUKO
The City of Moorpark has reviewed your application resubmitted on October 20, 2004,
for Conditional Use Permit No. 2004 -05 and finds it to be incomplete at this time. Until
such time as the application can be determined to be complete, the City's processing is
being suspended and time limits under the Permit Streamlining Act are not effective.
The application cannot be deemed complete at this time subject to Municipal Code
Section 17.44.060 (C) which precludes the acceptance of an application for processing
if there is an existing violation of the zoning ordinance, subdivision ordinance, or
Municipal Code on the affected lot or building until the violation is abated. The following
violations must be corrected in order to complete this application and allow for
processing to continue:
Community Development Department Requirements
1. Immediately cease ALL work outside the building on the subject property.
2. Immediately cease any storage of trailers outside of the building on the subject
property, except between the hours of 8:00 am and 5:00 pm, Monday through
Saturday. Trailers not being stored within the building must be removed from the
site NO LATER THAN 5:00 pm.
3. Immediately cease any outdoor storage of trailers or other equipment at any
place within the City of Moorpark without proper permits. This includes public
streets and private property in and around the industrial area you operate within.
4. Immediately cease all business activity on the site except between the hours of
8:00 am and 5:00 pm.
PC ATTACHMENT 5
PATRICK HUNTER JANICE PARVIN CLINT HARPER ROSEANN MIKOS KEITH F. MILLHOUSE
Mayor Mayor Pro Tern Councilmember Councilmember Councilmember
Garrett Custom Trailers
November 12, 2004
Page 2
In order to document your compliance and deem this application complete for
processing, you must provide written confirmation of your understanding of and
agreement to comply with the above requirements. This confirmation and agreement
must be received by this office no later than Friday, November 19, 2004, or Code
Compliance activity will resume and the City Attorney will be directed to proceed with
legal action. Please note that this is a firm date, and that no extension will be approved.
Please contact me at (805) 517 -6236 if you have any questions regarding this letter.
Sincerely yours,
Scott Wolfe, ..CRP
Principal P ner
C: Steven Kueny, City Manager
Barry K. Hogan, Community Development Director
Paul Porter, Principal Planner
File CUP 2004 -05
Chron