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HomeMy WebLinkAboutAG RPTS 2007 0213 PC SPCResolution No. PC- 2007 -511 PLANNING COMMISSION SPECIAL MEETING AGENDA TUESDAY — FEBRUARY 13, 2007 7:00 P.M. Moorpark Community Center 799 Moorpark Avenue CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. OATH OF OFFICE: A. City Clerk Administers Oath of Office to the Planning Commission (Staff: Deborah Traffenstedt) - -- -- - - - - -- ------- ------- - - - - -- ---------------------------------------- - - - - -- I ----------------------------------------- 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 rive 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 Special Agenda February 13, 2007 Page No. 2 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: A. Consider Selection of Chair and Vice Chair Mark DiCecco Bruce A. Hamous Kipp Landis Robert A. Peskay Mark G. 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: David Bobardt) There will be brief recess to allow the Chair and Vice -Chair to be seated. 5. PUBLIC COMMENTS: 6. REORDERING OF, AND ADDITIONS TO THE AGENDA: 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS AND REPORTS ON MEETINGS/CONFERENCES ATTENDED BY THE COMMISSION: (Future agenda items are tentative and are subject to rescheduling.) A. February 27, 2007 • Mod. No. 1 to IPD No. 2000 -01: Moorpark Freeway Corporate Center B. March 27, 2007 • RPD No. 2004 -06: Essex Moorpark Apartments 8. PUBLIC HEARINGS: (next Resolution No. PC- 2007 -511) A. Consider Conditional Use Permit (CUP) No. 2006 -05, to Allow the Remodel of an Existing Restaurant (Bauducco's) Add a Bar Convert the Existing Retail Deli to an Additional Bar for the Restaurant Allow Live Entertainment, and Extend the Hours for On -Site Alcohol Consumption to 2:00 a.m., at 563 Los Angeles Avenue (Mission Bell Plaza Shopping Center), on the Application of Jessica Manos- Viviani and Mike Takeda Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC- 2007- conditionally approving Conditional Use Permit No. 2006 -05. (Staff: Joseph Vacca) B. Consider the Draft Environmental Impact Report Prepared for the California Pepper Trees Maintenance Plan Staff Recommendation: 1) S \Communay Developmentt COMMISSIONIAGENDA0007\07 _0213sppca doc Planning Commission Special Agenda February 13, 2007 Page No. 3 Open the public hearing, accept public testimony and close the public hearing; and 2) Refer the comments to staff for preparation of responses for the Final Environmental Impact Report. (Staff: David Bobardt) 9. DISCUSSION ITEMS: A. Consider Regular Meeting Schedule, Time and Place Staff Recommendation: Approve 2007 regular meeting schedule of 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, and the cancellation of the December 2007 regular meeting. (Staff: David Bobardt) 10. CONSENT CALENDAR: A. Regular Meeting Minutes of September 26, 2006 B. Regular Meeting Minutes of November 27, 2000 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 \COMMISSION\AGENDA\2007 \07 0213sppca doc ITEM: 4.A. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Directo Prepared By: David Bobardt, Planning Manager DATE: January 25, 2007 (PC Special Meeting of 2/13/2007) SUBJECT: Consider Selection of Chair and Vice Chair BACKGROUND /DISCUSSION Municipal Code Section 2.36.080 and Section 3.1 of Resolution PC 2006 -507 (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 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. S \Community Development \COMMISSION\P C POLICIES \agenda reports\2007\pc 070213 spc select chair doc 0 (_1 «® (_; I ITEM: 8.A. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Directo Prepared by: Freddy Carrillo, Community Deve p ent Technician DATE: January 25, 2007 (PC Meeting of 02113/07) SUBJECT: Consider Conditional Use Permit (CUP) No. 2006 -05, to Allow the Remodel of an Existing Restaurant ( Bauducco's), Add a Bar, Convert the Existing Retail Deli to an Additional Bar for the Restaurant, Allow Live Entertainment, and Extend the Hours for On -Site Alcohol Consumption to 2:00 a.m., at 563 Los Angeles Avenue (Mission Bell Plaza Shopping Center), on the Application of Jessica Manos- Viviani and Mike Takeda BACKGROUND Jessica Manos- Viviani and Mike Takeda, the potential new owners of the Bauducco's Restaurant, filed an application for a Conditional Use Permit (CUP) on November 27, 2006, to remodel the existing restaurant and add a bar and fireplace. In addition, the applicants are requesting approval to convert the existing retail deli into an attached restaurant bar with a fireplace, allow live entertainment in the bar and on the outdoor patio, and extend the hours for on -site alcohol consumption to 2:00 a.m. (currently limited to 11:00 p.m.), at 563 Los Angeles Avenue. DISCUSSION Project Setting Existing Site Conditions: The existing restaurant is located within a 6,463 square foot tenant space, in the existing Mission Bell Plaza commercial retail center. This shopping center is located on the north side of Los Angeles Avenue, between Shasta Avenue and Park Lane. The existing sit - down restaurant has indoor and outdoor seating, and an attached Italian retail deli. Customers are currently able to purchase beer or wine from the deli for off site consumption. Customers of the restaurant can currently purchase beer, wine, and liquor for onsite consumption in the restaurant and outside patio. Parking spaces are available in the front and along the sides of the restaurant. \Vnor pri_sery \Cdy Share\Community Development\DEV PMTS \C U P\2003- 2007\2006 -05 Bauduccos (Takeda)\Agenda gpts�\PQ Agenda Report_070213.doc // Honorable Planning Commission February 13, 2007 Page 2 Previous Applications: On July 30, 1996, Zoning Clearance No. 96 -197 was approved for tenant improvements for the Bauducco's Italian Restaurant. On November 6, 1996, the City Council approved Administrative Permit No. 1996 -26 to allow sale of beer and wine for the Bauducco's Restaurant. On January 3, 2001, the City Council approved CUP No. 2000 -06, permitting Bauducco's an upgrade to the existing beer and wine license allowing on -site sale and consumption of liquor. GENERAL PLAN /ZONING Direction General Plan Zoning Land Use General Commercial Site Commercial Planned Commercial Retail (C-2) Development Center (CPD) Very High Residential Density North Planned Residential, Park, Residential Development Middle School 15 DU /AC (RPD) General Commercial South Commercial Planned Commercial Retail (C-2) Development Center (CPD) General Commercial East Commercial Planned Commercial Retail Center (C-2) Development (CPD) Medium Density Single Family Single Family West Residential Residential Residences 4 DU /AC R -1 -8 General Plan and Zoning Consistency: The Zoning Ordinance requires Planning Commission approval of the Conditional Use Permit for this proposal. The applicant's proposal is consistent with the CPD (Commercial Planned Development) Zoning Classification. The CPD land use designated in the General Plan is intended to provide a wide range of retail and services activities. Intended uses include stores, shops, and offices supply stores, services uses, including restaurants, for the surrounding community. A sit -down restaurant with a large range of available food, drink, and live entertainment is consistent with the land use designation. OO1,V*aC Honorable Planning Commission February 13, 2007 Page 3 ANALYSIS Issues This CUP would allow live entertainment and extend the hours for on -site alcohol consumption from 11:00 p.m. to 2:00 a.m. In addition, the applicant is proposing to remodel the existing building, add a bar, and convert the existing retail deli into an additional bar. Staff analysis of the proposed project has identified control of live entertainment and the extension of the hours of service of alcoholic beverages as the primary issues for Planning Commission consideration in their review of the CUP application. The proposal is not creating a new establishment, merely modifying the category of allowable alcohol sales at an existing establishment, and since this request is to extend the hours of alcohol service rather than introducing a new location for selling alcoholic beverages, it is staff's opinion that this modification will not result in an over concentration in the area of establishments selling alcoholic beverages. Conditions are recommended by staff, Police Department, and the Environmental Health Division to address security concerns associated with the service of alcoholic beverages and the live entertainment. The City of Moorpark and Police Department has no record of any problems with the Bauducco's Restaurant. These conditions are consistent with those applied to other restaurants in Moorpark with alcoholic beverage service. The applicant has already completed the license transfer with the Department of Alcoholic Beverages (ABC) for a type 47 license. While staff supports the applicant's request to allow live entertainment, it is important to ensure that the neighboring uses within the shopping center and nearby residences are not negatively impacted by the introduction of live entertainment within the shopping center. The resolution contains conditions which allow amplified music within the restaurant as long as it cannot be heard from outside of the restaurant. Also, any live entertainment on the outdoor patio may not be amplified in any way and must end at or before 10:00 PM. Furthermore, since the request is to operate a family restaurant, staff has recommended a condition which prohibits the collection of cover charges by the restaurant owner for the viewing of live entertainment. A condition has also been included which requires the applicant to file an application for a temporary use permit whenever the restaurant would be used for a special event or reception, including the use of a dance floor. This would ensure compatibility with the adjoining land uses while accommodating potential special events. Since this application for the proposed internal remodel with extended hours for alcohol sales and live entertainment is associated with a business plan that is unique to the current applicant, and this CUP will run with the land if approved, a condition is recommended that would require a new CUP application under a change of ownership or substantial change in operation (i.e. no longer operating primarily as a family restaurant). This would allow staff and the Planning Commission with the opportunity to ensure that any change of operation would not impose unforeseen neighborhood impacts. 0( 9- -Of; Honorable Planning Commission February 13, 2007 Page 4 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 and live entertainment are both ancillary to the 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 full service restaurant already exists and already serves beer, wine, and liquor. 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 and the live entertainment are both ancillary to the restaurant use and do not require any modifications to the exterior of 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 and to ensure that live entertainment does not impact the neighboring properties. 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 over live entertainment and 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 operation of 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 live entertainment and 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. 00 (_-0C Honorable Planning Commission February 13, 2007 Page 5 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: January 17, 2007 Planning Commission Action Deadline: March 16, 2007 City Council Action Deadline: Not Applicable Upon agreement by the City and Applicant, one 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 can not 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) of the California Code of Regulations (CEQA Guidelines). No further environmental documentation is required. 00t-?06-p, Honorable Planning Commission February 13, 2007 Page 6 STAFF RECOMMENDATION Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC -2007- conditionally approving Conditional Use Permit No. 2006 -05. ATTACHMENTS: 1. Location Map 2. Project Exhibits A. Existing Floor Plan (under separate cover) B. Proposed Floor Plan — Phase One (under separate cover) C. Proposed Floor Plan — Phase Two (under separate cover) 3. Draft PC Resolution with Conditions of Approval n D i rn O w �y Location Map Conditional Use Permit No. 2006 -05 546 Los Angeles Avenue (Mission Bell West) fit. ■■ ■■ ■ 546 Los Angel es Avenue (located in Mission Bell West) �` � ■ � rrrrrrr�r ■ ■ ice. ■Illlllllli ■ " -i ■11l��!!�AA1�1= p - -- . r■ li if �i Project Exhibits Existing Floor Plan (under separate cover) PC ATTACHMENT 2A OV o Project Exhibits Proposed Floor Plan - Phase One (under separate cover) PC ATTACHMENT 2B 0Vf-I0 Project Exhibits Proposed Floor Plan - Phase Two (under separate cover) PC ATTACHMENT 2C OV FOB.-, RESOLUTION NO. PC -2007- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2006 -05, TO ALLOW THE REMODEL OF AN EXISTING RESTAURANT (BAUDUCCO'S), ADD A BAR, CONVERT THE EXISTING RETAIL DELI TO AN ADDITIONAL BAR FOR THE RESTAURANT, ALLOW LIVE ENTERTAINMENT, AND EXTEND THE HOURS FOR ON -SITE ALCOHOL CONSUMPTION, LOCATED AT 563 LOS ANGELES AVENUE (MISSION BELL PLAZA SHOPPING CENTER), ON THE APPLICATION OF JESSICA MANOS- VIVIANI AND MIKE TAKEDA. WHEREAS, at a duly noticed public hearing on February 13, 2007, the Planning Commission considered Conditional Use Permit No. 2006 -05, to remodel an existing restaurant (Bauducco's), add a bar, convert the existing retail deli to an additional bar, allow live entertainment, and extend the hours for on -site alcohol consumption to 2:00 a.m., located at 563 Los Angeles Avenue, on the application of Jessica Manos - Viviani and Mike Takeda; and WHEREAS, at its meeting of February 13, 2007, 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 the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines as a Class 1 exemption for Existing Facilities, and no further 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 and live entertainment are both ancillary to the restaurant, a use consistent with the General Plan and Zoning. \\mor_pn_sery \City Share \Community Development \DEV PMTS\C U P\2003- 2007\2006 -05 Bauduccos (Takeda) \Reno \PC_Reso doc \\mor_pn_serv\City Share \Community Development \DEV PMTS \C U P\2003- 2007\2006 -05 Bauduccos (Takeda) \Reso \PC_Reso_ doc PC ATTACHMENT 3 0 0 P 0 iCll Resolution No. PC -2007- Page 2 B. The proposed use is compatible with both existing and permitted land uses in the area in that the full service restaurant already exists and already serves beer, wine, and liquor. 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 and the live entertainment are both ancillary to the restaurant use and do not require any modifications to the exterior of 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 and to ensure that live entertainment does not impact the neighboring properties. 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 over live entertainment and 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 operation of 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 live entertainment and 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. SECTION 2. CONDITIONAL USE PERMIT APPROVAL: The Planning Commission hereby approves Conditional Use Permit No. 2006 -05 subject to the Conditions of Approval included in Exhibit A (Conditions of Approval), attached hereto and incorporated herein by reference. Resolution No. PC -2007- Page 3 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 13th day of February, 2007. , Chair ATTEST: Barry K. Hogan Community Development Director Exhibit A — Conditions of Approval 00 �0' Resolution No. PC -2007- Page 4 EXHIBIT A CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2006 -05 A. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS 1. The applicant's acceptance of this permit and /or commencement of construction and /or operations under this permit is 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 may 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. 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. 0 eF-©' Resolution No. PC -2007- Page 5 6. The development must be in substantial conformance with the plans presented in conjunction with the application for Conditional Use Permit No. 2006 -05, 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 must 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 must be required prior to the issuance of building permits. All other permit and fee requirements must be met. 9. The owner /manager shall obtain a Temporary Use Permit approval from the City of Moorpark when a scheduled activity, special event or reception which includes the use of a dance floor, could create a need for increased police presence. The only exception shall be for special events held by Moorpark based non - profit groups. 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. 10.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 under a temporary use permit approval, including 15% overhead on any such services. 11. The live entertainment within the restaurant may consist of amplified music so long as the amplified music cannot be heard from outside of the restaurant. 12. Live entertainment on the outdoor patio must not be amplified in any way and shall not take place after 10:OOPM. 13. The managers, operators, employees or staff of the restaurant, shall be prohibited from collecting a cover charge or from collecting any payments or fees for the viewing of live entertainment which is scheduled to be performed at the restaurant; furthermore, at all times when the premises is open for business, live entertainment shall only be allowed in conjunction with the sale /service of beverages and food. 14. No alcohol service may be provided to special event attendees at the conclusion of special events. 15.All exterior areas of the site, including parking areas under use by the restaurant, must be maintained free of litter and debris at all times. 16. Conditional Use Permit No. 2006 -05 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 Resolution No. PC -2007- Page 6 conforming use, constitutes abandonment and termination of the nonconforming status of the use. 17. In the event that the restaurant is sold or the operation is substantially changed from that indicated in this application, a new conditional use permit application will be required. 18.Approval of a Sign Permit is required prior to the installation of any sign and any proposed signs shall be compatible with an approved Master Sign Program for the Mission Bell Plaza shopping center on file with the Community Development Department. 19.Applicant shall provide the Community Development Department with a copy of the Alcoholic Beverage Control (ABC) approval prior to sale of an alcoholic beverage. 20.All conditions of approval of Administered Permit No. 96 -26, Commercial Planned Development Permit No. 89 -1, Major Modification No. 1 to Commercial Planned Development Permit No. 89 -1, Minor Modifications No's 1 through 7, and Permit Adjustments 1 through 6 apply to this application unless specifically modified by this Resolution. 21.Any violations of the ABC license or problems relating to noise or disturbances resulting from this use are grounds for the initiation of proceedings for revocation of this Conditional Use Permit. 22. The rear doors of the premises must be equipped on the inside with an automatic locking device and shall be closed at all time, and shall not be used as a means of access by patrons to and from the licensed premises. Temporary use of these doors for the function of the restaurant or delivery of supplies does not constitute a violation of this condition. 23. The applicant shall pay any outstanding case processing fees and all City legal services fees prior to the sale of liquor. 24. Hours of operation are limited to 8:00 a.m. to 2:00 a.m. and alcohol sales, service or consumption shall be permitted only between the hours of 10:00 a.m. to 1:00 a.m. each day of the week. These hours may be further restricted by the Community Development Director if determined that the use poses noise impacts on the neighboring residences. 25. No increase of floor area is permitted without approval of an additional permit. 26. Food service shall be available during all business hours that alcoholic beverages are sold. 27. The applicant is responsible for promptly removing any litter from the site under their control. 28. No person under the age of eighteen (18) shall serve or package alcoholic beverages. 0 (-1 0 ; ; Resolution No. PC -2007- Page 7 29. The parking lot of the premises shall be equipped with lighting of sufficient power illuminate and make easily discernable the appearance and conduct of all persons on or about the parking lot. 30. The petitioner(s) shall be responsible for the removal of graffiti from any property on or about the licensed premises, under the control of the licensee, within 48 hours. 31. No employee shall sell liquor to a person under twenty -one (2 1) years of age. B. Police Department Conditions 32. This premise is not licensed by ABC to operate as a bar or a nightclub and must maintain this premise as a restaurant. The quarterly gross sales of alcoholic beverages may not exceed 50% of the gross sales of food during the same period. The Owner 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. 33. Areas inside the establishment open to customers must be illuminated sufficiently to allow the identification of persons. Lighting shall be approved by the Police Department. 34. The manager or his /her designee shall be responsible to police the exterior of the business to assure that no alcoholic beverages are consumed on any property adjacent to the restaurant. The owner / manager shall not permit any loitering on any property adjacent to the restaurant. 35. The owner shall correct any safety or security problem upon written notice of such a problem from the Moorpark Police Department. 36. 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. C. Environmental Health Division 37. The applicant must obtain plan approval for the proposed food facility from Environmental Health Division prior to issuance of a building permit. 00140: ;� Resolution No. PC -2007- Page 8 38. Prior to operation of the food facility, the permittee shall obtain a Permit to Operate a Food Facility from the Community Services Section of the Environmental Health Division. - END - ITEM: 8.13. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Director Prepared by David A. Bobardt, Planning Manag DATE: January 29, 2007 (PC Special Meeting of 211312007) SUBJECT: Consider the Draft Environmental Impact Report Prepared for the California Pepper Trees Maintenance Plan BACKGROUND/DISCUSSION On January 9, 2007, the Community Development Department released a Draft Environmental Impact Report (EIR) on the proposed California Pepper Trees Maintenance Plan for public review. This is a city project with a primary goal to provide a realistic framework by which the legacy of the California pepper tree grove on High Street is sustained and appropriate care is delivered, while minimizing the risk to people and property due to the existence of old, senescent trees on the public right -of -way. The period for accepting written comments on this Draft EIR is from January 9, 2007 to February 23, 2007. The city's adopted procedures for the processing of EIRs also require the Planning Commission to hold a hearing on the Draft EIR to accept oral comments. These oral comments will be treated in a similar manner as written comments received during the comment period; relevant concerns will be summarized and a written response will be prepared for the Final EIR. The Notice of Availability for the Draft EIR and notice of the Planning Commission hearing was sent to property owners within 1,000 feet of High Street and was published in the Ventura County Star. Copies of the Draft EIR have been available for review on the city's website, at the city library, and at city hall. STAFF RECOMMENDATION 1. Open the public hearing, accept public testimony and close the public hearing. 2. Refer the comments to staff for preparation of responses for the Final Environmental Impact Report. ATTACHMENTS (Transmitted under Separate Cover) 1. Draft California Pepper Trees Maintenance Plan 2. Draft Environmental Impact Report \VNor ec. _pri_serv\City Share\Community Development \ENV\Pepper Tree EIR\070213 PC Agenda Report doc ©(, ('; Q'' A ITEM: 9.A. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Director Prepared By: David Bobardt, Planning Manager DATE: January 24, 2007 (PC Special Meeting of 2/13/2007) SUBJECT: Consider Regular Meeting Schedule, Time and Place BACKGROUND Section 12.1 of Resolution No. PC- 2006 -507 (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. As this is the first special meeting of 2007, it is appropriate to set the Planning Commission calendar for 2007. 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 Planning Commission regular meetings for the past year have been held the fourth (4th) Tuesday of each month, starting at 7:00 p.m. with additional special meetings as needed to accommodate heavier work loads, or to address Permit Streamlining Act constraints. Staff recommends that this schedule be maintained through 2007. In addition, staff recommends that the regular meeting for December 2007 be cancelled at this time due to a conflict with a city holiday, and that a special meeting during this month be held if necessary. A calendar reflecting these recommendations is attached. The calendar also indicates the dates of regularly scheduled City Council meetings for reference. S \Community Development \COMMISSIMP C POLICIMagenda reports\2007\pc 070213 spc calendar.doc €� �` 0 r I'' Honorable Planning Commission February 13, 2007 Page No. 2 STAFF RECOMMENDATION Approve 2007 regular meeting schedul e starting at 7:00 p.m. at the Moorpark Avenue, Moorpark, CA 93021, and the meeting. Attachment: of the fourth (4th) Tuesday of each month City Hall Council Chambers, 799 Moorpark cancellation of the December 2007 regular Recommended Regular Planning Commission Meeting Calendar PLANNING COMMISSION 2 0 0 7 REGULAR MEETING CALENDAR Moorpark City Hall Council Chambers, 799 Moorpark Avenue, 93021 Contact: arice @ci.moorpark.ca.us for information JANUARY FEBRUARY MARCH S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 5 6 1 2 3 1 2 3 7 8 9 10 11 12 13 4 5 6 7 8 9 10 4 5 6 7 8 9 10 14 15 16 17 18 19 20 11 12 13 14 15 16 17 11 12 13 14 15 16 17 21 22 23 24 25 26 27 18 19 20 21 22 23 24 18 19 20 21 22 23 24 28 29 30 31 25 26 27 28 25 26 27 28 29 30 31 APRIL MAY JUNE S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 5 6 7 1 2 3 4 5 1 2 .� 8 9 10 11 12 13 14 6 7 8 9 10 it 12 3 4 5 6 7 8 9 ^ 15 16 17 18 19 20 21 13 14 15 16 17 18 19 10 11 12 13 14 15 16 22 23 24 25 26 27 28 20 21 22 23 24 25 26 17 18 19 20 21 22 23 D 29 30 27 28 29 30 31 24 25 26 27 28. 29 30 D JULY AUGUST SEPTEMBER 0 S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 5 6 7 1 2 3 4 1 3 8 9 10 11 12 13 14 5 6 7 8 9 10 11 2 3 4 5 6 7 8 M 15 16 17 18 19 20 21 12 13 14 15 16 17 18 9 10 11 12 13 14 15 Z 22 23 24 25 26 27 28 19 20 21 22 23 24 25 16 17 18 19 20 21 22 29 30 31 26 27 28 29 30 31 23 24 25 26 27 28 29 30 OCTOBER NOVEMBER DECEMBER S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 5 6 1 2 3 1 7 8 9 10 11 12 13 4 5 6 7 8 9 10 2 3 4 5 6 7 8 14 15 16 17 18 19 20 11 12 13 14 15 16 17 9 10 11 12 13 14 15 Q 21 22 23 24 25 26 27 18 19 20 21 22 23 24 16 17 18 19 20 21 22 Q 28 29 30 31 25 26 27 28 29 30 23 24 25 26 27 28 29 30 31 t.1 Planning Commission Meetings 7:00 pm 4th Tuesday City Council Meetings 7:00 pm 1 st and 3rd Wednesday Planning Commission Cancelled Meeting C &ED Committee Meetings 6:00 pm 3rd Wednesday Certain Planning Commission and /or City Council Meetings may be Cancelled During July and /or August for Summer Recess ITEM: 10.A. Planning Commission, City of Moorpark, California Minutes of September 26, 2006 Regular Meeting Page 1 1 The Regular meeting of the Planning Commission was held on September 26, 2006, in 2 the City Council Chambers; Moorpark Civic Center; 799 Moorpark Avenue; Moorpark, 3 California; 93021. 4 1 5 6 2 7 CALL TO ORDER: Chair Landis called the meeting to order at 7:02 p.m. PLEDGE OF ALLEGIANCE: Laura Stringer, Administrative Services Manager, led the Pledge of Allegiance. 8 3. ROLL CALL: 9 Present: Commissioners DiCecco, Peskay, Vice Chair Taillon 10 and Chair Landis 11 Absent: Commissioner Pozza 12 Staff Present: Barry K. Hogan, Community Development Director; 13 David Bobardt, Planning Manager; Laura Stringer, 14 Administrative Services Manager; Joseph Fiss, 15 Principal Planner; Joseph Vacca, Principal Planner; 16 and Gail Rice, Administrative Assistant. 17 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: 18 Mr. Hogan announced Laura Stringer's retirement from public service will be 19 November 8, 2006 and commended her on her efforts and years of service with 20 the City. 21 5. PUBLIC COMMENTS: 22 None. 23 6. REORDERING OF, AND ADDITIONS TO THE AGENDA: 24 None. 25 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS AND REPORTS ON 26 MEETINGS /CONFERENCES ATTENDED BY THE COMMISSION: 27 (Future agenda items are tentative and are subject to rescheduling.) 28 A. October 24, 2006 29 • Possible cancellation 30 B. November 28, 2006 and December 26, 2006 OF• L ` - !. S \Community Development \COMMISSION\MINUTES\2006 Draft aria) \06_0926_pcm doc f, `J 2 3 ONK 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Planning Commission, City of Moorpark, California Minutes of September 26, 2006 Regular Meeting Page 2 • No Planning Commission meetings scheduled Mr. Hogan announced that there were no meetings scheduled for the balance of 2006, unless a special meeting is required. PUBLIC HEARINGS: (next Resolution No. PC- 2006 -508) A. Consider Conditional Use Permit No. 2006 -02, To Install an Unmanned Wireless Communications Facility Including Eight (8) Panel Antennas and One (1) GPS Antenna Within An Existinq Sixty -Six (66') Foot Pylon Sign, and an 11' -8" by 25' -1" Underground Equipment Vault Located At 888 Los Angeles Avenue (Moorpark Marketplace) (Staff: Joseph Fiss) Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC -2006- approving Conditional Use Permit No. 2006 -02. subject to conditions. Mr. Fiss gave the staff report. The Commission questioned staff on the need to change the existing material on the tower columns. Chair Landis opened the public hearing. Jessie Gilholm, applicant's representative, spoke in favor of the project and stated he was available for questions the Commission may have. The Commission had no questions of applicant. Chair Landis closed the public hearing. MOTION: Commissioner Peskay moved and Vice Chair Taillon seconded a motion to approve staff recommendation and adopt Resolution No. PC- 2006 -508. (The motion carried by voice vote: 4 -0, Commissioner Pozza absent) Planning Commission approval of this item is final unless appealed within ten (10) days. B. Consider Conditional Use Permit No. 2006 -03, To Install an Unmanned Wireless Communications Facility Consisting of Eight (8) Cellular Antennas, Two (2) GPS Antennas, and an Underground Equipment Vault. The Proposed Antennas Will be Installed Within an Existing Thirty -Nine Foot (391 High Tower, Located at 4215 Tierra Rejada Road (Mountain Meadows Plaza) (Staff: Joseph Fiss) Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; \ \Mor_pn_sery \City Share \Community Development\ADMIN \COMMISSION \MINUTES\2006 Draft arial\06_0926_pcm docO o Q.,0 ,. Planning Commission, City of Moorpark, California Minutes of September 26, 2006 Regular Meeting Page 3 1 and 2) Adopt Resolution No. PC -2006- approving Conditional Use 2 Permit No. 2006 -03 subject to conditions. 3 Mr. Fiss gave the staff report. 4 The Commission questioned staff on the vault locations, screen panel 5 replacements for the windows, nearby resident's view of the roof - mounted 6 equipment and the area covered by the public hearing notification. 7 Chair Landis opened the public hearing. 8 Jessie Gilholm, applicant's representative, spoke in favor of the project, 9 stated that Vons requested placement of the equipment on the roof 10 instead of on the ground but could be negotiated and he was available for 11 questions the Commission may have, 12 The Commission questioned applicant regarding the equipment 13 placement, the size and quantity of the units. 14 Chair Landis closed the public hearing. 15 The Commission discussed concern over the visibility of the nine large 16 equipment units on the roof from the nearby homes. 17 MOTION: Commissioner DiCecco moved and Commissioner Peskay 18 seconded a motion to approve staff recommendation and adopt 19 Resolution No. PC- 2006 -509. (The motion carried by voice vote: 4 -0, 20 Commissioner Pozza absent) 21 Planning Commission approval of this item is final unless appealed within 22 ten (10) days. 23 C. Consider Commercial Planned Development Permit No. 2005 -04 to Allow 24 Construction of a 78,939 Square Foot, Two -Story Medical Office Building 25 on a 4.0 Acre Site Located At 635 Los Angeles Avenue on the Application 26 of Grand Moorpark, LLC (Staff: Joseph Vacca) Staff Recommendation: 27 1) Open the public hearing, accept public testimony and close the public 28 hearing; and 2) Adopt Resolution No. PC -2006- recommending to the 29 City Council conditional approval of Commercial Planned Development 30 Permit No. 2005 -04. 31 Mr. Vacca gave the staff report. Oc4 f "0r._.-I \ \Mor_pn_sery \City Share\Community Development\ADMIN \COMMISSION \MINUTES\2006 Draft arial \06_0926_pcm doc A.. Planning Commission, City of Moorpark, California Minutes of September 26, 2006 Regular Meeting Page 4 1 The Commission questioned staff on the previous approval for the project 2 and reciprocal access, ingress and egress, the lack of other acceleration 3 or deceleration lanes on the north side of Los Angeles Avenue, the 4 closure of the side street next to the project, and the atrium within the 5 project. 6 Chair Landis opened the public hearing. 7 Mark Armbruster, applicant's representative, spoke in favor of the project, 8 stated he was available for questions the Commission may have and 9 spoke of applicant's desire to have reciprocal access to the project. 10 The Commission questioned applicant if rents had been established for 11 the units, the architectural features of the project and whether the project 12 included any proposed art in public places. 13 Chair Landis closed the public hearing. 14 MOTION: Commissioner DiCecco moved and Commissioner Peskay 15 seconded a motion to approve staff recommendation and adopt 16 Resolution No. PC- 2006 -510. (The motion carried by voice vote: 4 -0, 17 Commissioner Pozza absent) 18 9. CONSENT CALENDAR: 19 A. Regular Meeting Minutes of July 25, 2006 20 MOTION: Commissioner DiCecco moved and Commissioner Peskay seconded 21 a motion to approve the consent calendar. (The motion carried by voice vote 4 -0, 22 Commissioner Pozza absent) 23 10. ADJOURNMENT: 24 Chair Landis adjourned the meeting at 7:47 p.m. 25 26 27 ATTEST: 28 29 Kipp A. Landis, Chair Barry K. Hogan, Community Development Director \\Mor_pri_sery \City Share \Community Development\ADMIN \COMMISSION \MINUTES\2006 Draft anal\06_0926_pcm do ITEM: 10.13. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Director DATE: January 3, 2006 (PC Special Meeting of 2/13/2007) SUBJECT: Consider Approval of November 27, 2000 Planning Commission Regular Meeting Minutes BACKGROUND /DISCUSSION During 2002 the Commission considered and approved meeting minutes from past meetings that were discovered during a review of documents for scanning. Staff recently discovered that one set of the unapproved meeting minutes, from the November 27, 2000 Planning Commission regular meeting, did not get processed during the 2002 actions. The City Attorney reviewed the process in 2002 and indicated that the current Commission's review and approval of the minutes is appropriate, even though some Commissioners may not have been in attendance at the subject meetings. The Commission's review should focus on completeness with regard to action taken, and completeness of information regarding the motion maker, second and vote. The attached minutes have been reviewed by staff and are a complete reflection of the actions taken at the November 27, 2000 meeting. STAFF RECOMMENDATION Approve regular meeting minutes of November 27, 2000 Attachment: Minutes of the November 27, 2000 Regular Planning Commission meeting. f-, SACommunity Development \COMMISSION\MINUTES\pc 060124 nov 27 2000 min.doc Planning Commission, City of Moorpark, California Minutes of November 27, 2000 Page 1 The Regular Meeting of the Planning Commission was held on November 27, 2000, in the City Council Chambers, Moorpark Civic Center, 799 Moorpark Avenue, Moorpark, California, 93021. 1) CALL TO ORDER The meeting was called to order at 7 :10 p.m. 2) PLEDGE OF ALLEGIANCE Dale Parvin led the pledge of allegiance to the flag. 3) ROLL CALL: Mark DiCecco - Chair Janice Parvin - Vice Chair Paul Haller Kipp Landis William F. Otto All Commissioners were present at the meeting. Staff attending the meeting included Wayne Loftus, Director of Community Development; John Libiez, Planning Manager; Walter Brown, City Engineer; Steve Craig, The Planning Corporation; and Celia La Fleur, Administrative Secretary. 4) PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: None 5) REORDERING OF, AND ADDITIONS TO, THE AGENDA: None 6) CONSENT CALENDAR: A) Zoning Ordinance Amendment No. ZOA 2000 -01, Applicant: City of Moorpark. Consider an Amendment to the City of Moorpark Zoning Code to Amend Section 17.52.060.C.2 Related to Non - Conforming Uses. Staff Recommendation: Adopt Resolution PC- 2000 -398 recommending to the City Council approval of an amendment to the Zoning Code to permit changes of use from one non - conforming use to another non - conforming use subject to issuance of an Administrative Permit. (Continued from 11/13/2000, public hearing closed.) MOTION: Commissioner Parvin moved and Commissioner Haller seconded a motion to approve Resolution No. PC- 2000 -398. Motion passed with 5:0 unanimous voice vote. \h'cr —car, Dery \C:ty .SharelCommunity Development \ADM:N'COMM.,S Far, Yinu.<... 'il-_iv Planning Commission, City of Moorpark, California Minutes of November 27, 2000 Page 2 7) PUBLIC COMMENTS: None 8) PUBLIC HEARINGS: A) Draft Environmental Impact Report, Applicant: West Pointe Homes. A continued public hearing to consider West Pointe Homes Environmental Impact Report (SCH- 1994081075). Staff Recommendation: 1. Accept public testimony. 2. Discuss responses to comments. 3. Close the public hearing. 4. Direct staff to prepare the Final Draft EIR; 5. Continue this item to the Planning Commission meeting of December 11, 2000. (Continued from 11/13/2000, public hearing open.) Public hearing closed at 7:57 p.m. MOTION: Commissioner Landis moved and Commissioner Haller seconded a motion which directed staff to prepare the Final Environmental Impact Report for the Commission's meeting of December 11, 2000. Motion passed with a 5:0 unanimous voice vote. B) General Plan Amendment No. 2000 -02 - Housing Element, Applicant: City of Moorpark. Consider General Plan Amendment to Adopt an Updated Housing Element 2000. Staff Recommendation: Continue off calendar pending response and consideration of State Department of Housing and Community Development review and critique comments. MOTION: Commissioner Landis moved and Commissioner Otto seconded a motion to continue this item off calendar pending response and consideration of the State Department of Housing and Community Development review and critique comments. Motion passed with a 5:0 unanimous voice vote. C) General Plan Amendment No. 2000 -03 - Safety Element, Applicant: City of Moorpark. Consider General Plan Amendment to Adopt an Updated Safety Element 2000. Staff Recommendation: 1. Accept public testimony; 2. Continue the public hearing to December 11, 2000, pending review of State Division of Mines and Geology comment s. `. \ucr pri sery \C_ty Share \Community DeveIopmenL\ ADMIN \ COMM ISSTON \r•1 It: UTFS \Y,1St PC Pc. rid ic ? \F2 0 -11 -. doc�ai Planning Commission, City of Moorpark, California Minutes of November 2�, 2000 Paqe 3 MOTION: Commissioner Landis moved and Commissioner Haller seconded a motion to continue the public hearing to the Planning Commission meeting of December 11, 2000. Motion passed with a 5:0 unanimous voice vote. D) Conditional Use Permit No. 2000 -04, Applicant: Tacit Communications. Consider a request to construct a cellular communication facility consisting of six (6) antennas, each 14' in height. Located at the Ventura County Waterworks District #1, College Water Tank Reservoir Facility, North of Highway 118 and East of Moorpark College. (Assessor's Parcel Number: 500 -0- 280 -400). Staff Recommendation: Approve with conditions. Public hearing closed at 9:12 p.m. MOTION: Commissioner Parvin moved and Commissioner Haller seconded a motion to conditionally approve Conditional Use Permit No. CUP 2000 -04. Motion passed with a 5:0 unanimous voice vote. 9) DISCUSSION ITEMS: None 10) ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Due to the Christmas holiday, the Planning Commission meeting of December 25, 2000, will be canceled. The next regular meeting of the Planning Commission will be January 8, 2001. 11) ADJOURNMENT: The meeting adjourned at 9:26 p.m. Mark DiCecco, Chairman ATTEST: Barry K. Hogan, Community Development Director V•.::o*_ ;,ri sory \City Share \Community Developmen t \APMINACOMMISSI:iid \t•: ?:I;:'i:S \Pas, P W 60-; Pending \F�'OJO-:1 %prm.doc