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HomeMy WebLinkAboutAG RPTS 2007 0925 PC REGResolution No. PC- 2007 -523 PLANNING COMMISSION REGULAR MEETING AGENDA TUESDAY — SEPTEMBER 25, 2007 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. 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. October 23, 2007 • Mod. No. 1 to IPD /DP 300 (Parking Structure at 5898 Condor Dr.) • CUP No. 2007 -01 (Wireless Facility at 12777 Tierra Rejada Rd.) 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 September 25, 2007 Page No. 2 PUBLIC HEARINGS: (next Resolution No. PC- 2007 -523) A. Consider Conditional Use Permit No. 2007 -04, a Conditional Use Permit for Sale of Alcoholic Beverages for Off -Site Consumption at a Proposed Circle -K Convenience Store at 6593 Collins Drive (Campus Plaza), on the Application of Saib Alrabadi (Continued from June 26, 2007 meeting) (Staff: Joseph Fiss) Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; 2) Adopt Resolution No. PC -2007- denying the application for Conditional Use Permit No. 2007 -04. B. Consider Conditional Use Permit Nos. 2007 -05, 2007 -06, and 2007 -07, a Request to Allow Alcoholic Beverage (Including Liquor) Sales For Off -Site Consumption at a Proposed Market and to Allow Beer and Wine Sales for On -Site Consumption at Two (2) Proposed Restaurants, All Within a Shopping Center Currently Under Construction South of Los Angeles Avenue and West of Moorpark Avenue, on the Application of Tuscany Partners, LLC. (Staff: Joseph Fiss) Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; 2) Adopt Resolution No. PC -2007- approving Conditional Use Permit Nos. 2007 -05, 2007 -06, and 02007 -07. C. Consider the Repeal of Ordinance No. 166 and the Approval of Zonin Ordinance Amendment No. 2007 -03, to Amend Chapter 17.20 Table 17.20.060A1 : Amend Section 17.24.040 by Adding Section 17.24.040N Adult Business Minimum Location Requirements; and Amend Chapter 17.28 by Adding Section 17.28.050 Adult Business Permit. (Staff: Barry Hogan) Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; 2) Adopt Resolution No. PC -2007- recommending to the City Council repeal of Ordinance No. 166 and approval of Zoning Ordinance Amendment 2007 -03. D. Consider Zonina Ordinance Amendment 2007 -02 Amending Section 17.20.060 to Add Medical Marijuana Dispensaries as a Prohibited Use in All Commercial Industrial and Institutional .Zones, and to Revise Use Restrictions on Body Piercing and /or Tattoo Shops, Tobacco Stores, Including but not Limited to Cigarette Cigar and Smoking Paraphernalia Shops Pawnshops Thrift Stores Consignment Stores, Secondhand Shops Clubhouses Social Clubs and Service Clubs in the Commercial, Industrial, and Institutional Zones. (Staff: Barry Hogan) Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; 2) Adopt Resolution No. PC -2007- recommending to the City Council approval of Zoning Ordinance Amendment 2007 -02. \ \mor_pri_sery \City Share \Community Development\ COMMISSION \AGENDA\2007 \07_0925_pca.doc Planning Commission Agenda September 25, 2007 Page No. 3 9. DISCUSSION ITEMS: None. 10. CONSENT CALENDAR: A. Regular Meeting Minutes of July 24, 2007. 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). \ \mor_pri_sery \City Share \Community Development\ COMMISSION \AGENDA\2007 \07_0925_pca.doc STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss CITY OF MOORPARK ) AFFIDAVIT OF POSTING AGENDA I, Joyce Figueroa, declare as follows: That I am the Administrative Assistant of the City of Moorpark and that an agenda of the Regular Meeting of the Moorpark Planning Commission to be held on Tuesday, September 25, 2007, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on September 21, 2007, at a conspicuous place at the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California. I declare under penalty of perjury that the foregoing is true and correct. Executed on September 21, 2007 ('�] � � 0 1 - - Aa'M L) 0� Jo ice igueroa, Administrative Assistant SACommunity Development\ COMMISSION \AGENDA \2007\07_0925_pc_aop.doc NOTICE OF CONTINUANCE OF PUBLIC HEARING A duly noticed public hearing regarding: Consider Conditional Use Permit No. 2007 -04, a Conditional Use Permit for Sale of Alcoholic Beverages for Off -Site Consumption at a Proposed Circle -K Convenience Store at 6593 Collins Drive (Campus Plaza). on the Application of Saib Alrabadi was held on June 26, July 24, and September 25, 2007, at which time the Planning Commission closed the public hearing and continued the agenda item to the Regular Meeting of the Planning Commission to be held on October 23, 2007, at 7:00 p.m., in the Community Center located at 799 Moorpark Avenue, Moorpark, California. Dated: September 26, 2007 RN V L A'()) LDA b& J yc Figuero , Administrative Assistant C: (website) STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss CITY OF MOORPARK ) AFFIDAVIT OF POSTING I, Joyce Figueroa, declare as follows: That I am the Secretary to the Planning Commission of the City of Moorpark and that a Notice of Continuance of Closed Public Hearing regarding: Consider Conditional Use Permit No. 2007 -04, a Conditional Use Permit for Sale of Alcoholic Beverages for Off -Site Consumption at a Proposed Circle -K Convenience Store at 6593 Collins Drive (Campus Plaza) on the Application of Saib Alrabadi (Continued from September 25, 2007 meeting) continued from June 26, July 24, and September 25, 2007, was posted on September 26, 2007, at a conspicuous location near the place of the meeting: Moorpark Community Center 799 Moorpark Avenue Moorpark, California I declare under penalty of perjury that the foregoing is true and correct. Executed on September 26, 2007 �h' o � 'A'())W) �� . J c Figueroa Administrative Assistant SACommunity Development \DEV PMTS \C U P\2003- 2007\2007 -04 Circle K \Notices \cont PH- closed07_1023(cup07- 04).doc ITEM: 8.A. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: David A. Bobardt, Planning Directory Prepared by Joseph Fiss, Principal Planner DATE: July 19, 2007 (PC Meeting of 07/24/07) SUBJECT: Consider Conditional Use Permit No. 2007 -04, a Conditional Use Permit for Sale of Alcoholic Beverages for Off -Site Consumption at a Proposed Circle -K Convenience Store at 6593 Collins Drive (Campus Plaza), on the Application of Saib Alrabadi BACKGROUND /DISCUSSION The public hearing for this application was opened by the Planning Commission on June 26, 2007, and continued with the hearing open to July 24, 2007, at the request of the applicant. The applicant subsequently waived the provisions of the Permit Streamlining Act and requested a further continuance to the September 25, 2007 Planning Commission meeting. The applicant has been contacted numerous times prior to this meeting and has not responded. Staff has no new information and recommends that the Planning Commission take action on this item. STAFF RECOMMENDATION Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC -2007- Permit No. 2007 -04. ATTACHMENTS: denying the application for Conditional Use 1. June 26, 2007 Planning Commission Agenda Report 2. Draft PC Resolution \\mor_pri_sery \City Share \Community Development \DEV PMTS \C U P\2003- 2007\2007 -04 Circle KWgenda Rpts \07 0925 Final Re ort.doc 0 s 411, . MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Directo Prepared by Joseph Fiss, Principal Planner •- ti DATE: June 4, 2007 (PC Meeting of 06/26/07) SUBJECT: Consider Conditional Use Permit No. 2007 -04, a Conditional Use Permit for Off -Site Liquor Sales at a Proposed Circle -K Convenience Store at 6593 Collins Drive (Campus Plaza), on the Application of Saib Alrabadi BACKGROUND On April 2, 2003, the City Council approved Commercial Planned Development Permit (CPD) No. 2000 -04 and Tentative Parcel Map (TPM) No. 5264 for a 72,285 square foot commercial retail center located at the southwest corner of Campus Park Drive and Collins Drive. A Circle -K convenience store is proposed in one of the buildings under construction at the northwest corner of this site, west of the McDonald's Restaurant and proposed Starbucks Coffee, and east of the Varsity Park Village Condominiums. As part of the convenience store operation, the applicant has requested a Conditional Use Permit for off - site sale of alcoholic beverages including liquor, beer, and wine. DISCUSSION Project Setting Existing Site Conditions: The Campus Plaza shopping center is currently under construction. The fast food restaurant (McDonald's) and service station (Shell) have been given conditional occupancy and are currently operating. Access to the center is from both Campus Park Drive and Collins Drive. Previous Applications: On April 2, 2003, the City Council approved Commercial Planned Development Permit No. 2000 -04 for Construction of the Campus Plaza shopping center and Tentative Parcel Map No. 5264 for Subdivision of the 6.28 Acre site into Four Lots Administrative Permit No. 2004 -16 was approved on November 17, 2004, to permit the \\Mor_pri_sery \City Share \Community DevelopmentOEV PMTS \C U P\2003- 2007\2007 -04 Circle K\Agenda Rpts \PC Agenda Report.doc "� �"? PC ATTACHMENT 1 0003002 Honorable Planning Commission June 26, 2007 Page 2 sale of beer and wine at the Shell Station convenience store within this center. GENERAL PLAN /ZONING Direction General Plan Zoning Land Use Site General Commercial Commercial Planned Shopping Center pp g (C -2) _ Development (CPD) _ ..... Under Construction Residential Planned North Medium Density Development/5 Single - Family Residential (M) Units per Acre Residential (RPD -5U)_ South Freeway Right -of -Way OS Freeway (FW -R /W).. East Freeway Right -of -Way OS Freeway (FWY -R/W) .. Residential Planned West Very High Density Development/12 Residential Residential (VH) Units per Acre Condominiums (RPD -12u) General Plan and Zoning Consistency: A convenience store is a permitted use in the CPD zone and is consistent with the C -2 General Plan designation. The sale of alcoholic beverages for off -site consumption requires the review and approval of a Conditional Use Permit by the Planning Commission, only after making all of the following findings: 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; 5. The proposed use would not be detrimental to the public health, safety, convenience, or welfare; 6. The use will not result in an over - concentration in the area of establishments selling alcoholic beverages; 7. The use will serve a public convenience; 8. The use will not create the need for increased police services; 000O C3 Honorable Planning Commission June 26, 2007 Page 3 9. The requested use at the proposed location will not adversely affect the economic welfare of the community; and 10. The exterior appearance of the structure will not be inconsistent with the external appearance of commercial structures already constructed or under construction on surrounding properties, or within the immediate neighborhood so as to cause blight, deterioration or substantially diminish or impair property values within the neighborhood. Finding Nos. 2 and 7 are discussed further in the Analysis section of this report Proposed Project As part of a convenience store operation, the applicant is requesting a Conditional Use Permit for the sale of alcoholic beverages including liquor, beer, and wine for off -site consumption. The convenience store lease space is approximately 2,200 square feet, of which 1,700 square feet would be for retail space and 500 square feet would be for storage and office use. Of approximately 200 linear feet of product display proposed in the retail space, 20 feet (10 %) would be devoted to beer, wine, and alcoholic beverage display. In terms of area, the proposed beer, wine and liquor display space accounts for about 150 square feet (20 %) of the 750 square feet of product display space. This ratio is larger than the linear footage ratio due to the depth of the walk -in refrigerator behind the beer and wine display. ANALYSIS Issues Staff analysis of the proposed project has identified the following issue areas for Planning Commission consideration: • Area One: Neighborhood Compatibility • Area Two: Public Convenience Neighborhood Compatibility_ Finding No. 2 requires the proposed use to be compatible with existing and permitted uses in the surrounding area for a Conditional Use Permit to be granted. The proposed use is located within one thousand (1,000) feet of Moorpark College, College View Park, and Campus Canyon School. A liquor store would not be a permitted use in such close proximity to these uses due to land use compatibility issues. However, the Circle -K store is proposing 90% of its linear footage of display and 80% of its product display area to include items other than alcoholic beverages, and therefore it is not considered a liquor store. Nonetheless, another aspect to neighborhood compatibility is whether or not the proposed use is in an area with an over - concentration of stores that sell alcoholic beverages for off - site consumption. Within the Campus Hills/Varsity Park neighborhood, two other stores sell alcoholic beverages for off -site consumption: the Shell station convenience store within 00 010C1Pr Honorable Planning Commission June 26, 2007 Page 4 the Campus Plaza center, which has incidental beer and wine sales, and the Handiest Food Mart in the nearby Varsity Park Plaza, which carries a large selection of beer, wine, and liquor. This would not be normally considered an overconcentration of such uses in a neighborhood. However, because the proposed Circle -K convenience store use is very similar in size and operation to the Shell station convenience store, alcoholic beverage sales at this second location in the same center could create an atmosphere incompatible with adjacent residential uses, due to the allowed hours of operation of 5:00 AM to Midnight, and the close proximity of the parking for the Circle -K to the adjacent condominiums. Convenience stores can be more intrusive to adjacent residential areas because of their operating characteristics, including traffic generation, hours of operation, noise, and off -site customer litter. Public Convenience Finding No. 7 requires the proposed use to serve a public convenience for a Conditional Use Permit to be granted. The Shell service station convenience store in the same shopping center has about 12 linear feet of refrigerator space devoted to beer and wine, a similar amount of floor space as proposed for the Circle -K convenience store. It is also open from 5:00 AM to 11:00 PM Monday through Saturday, and 5:00 AM to 10:00 PM on Sunday, similar hours as would be allowed for the Circle -K store, 5:00 AM to Midnight. (It should be noted that sales of alcoholic beverages cannot begin before 6:00 AM.) The primary difference between the two stores is that the Circle -K would have an additional 8 linear feet of space for liquor. This additional item and shelf space does not demonstrate that a public convenience would be served through the granting of this Conditional Use Permit. Findings The sales of alcoholic beverages for off -site consumption at the proposed Circle -K convenience store would be incompatible with adjacent residential uses and would not serve a public convenience. 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: May 10, 2007 Planning Commission Action Deadline: August 8, 2007 Upon agreement by the City and Applicant, one 90 -day extension can be granted to the date action must be taken on the application. 0GOOC'113) Honorable Planning Commission June 26, 2007 Page 5 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, 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. Adopt Resolution No. PC -2007- denying the application for Conditional Use Permit No. 2007 -04. ATTACHMENTS 1. Location Map 2. Aerial Photograph 3. Floor Plan (Under Separate Cover) 4. Draft PC Resolution 00! r0C Honorable Planning Commission June 26, 2007 Page 6 Oy i I I I _ 5T Iz I A --d _ ET T _— _-- _ —_ —BA E__j` —_ / CAM PUSPARKDR 11 CAMPUS PARK DR o. n CAMPUS PARK DR CAMPUS PqR -- --- 1 -�- - -- —_ —_ CAMPUSPARK DR C� I LLI / PAR T LLLL / P WI � I uu OI. v/ / OI I U/ I �til JA/ -= AMPUR ;ARSITYST KST NIA - — __— _--- - - - -_— __ NIA _ –_ —_ —NIA _— __— _— ___-- _— ____— _— _— _ —____ NIA T LOCATION MAP NORTH 6593 COLLINS DRIVE PC ATTACHMENT Honorable Planning Commission June 26, 2007 Page 7 T AERIAL PHOTOGRAPH NORTH 6593 COLLINS DRIVE PC ATTACHMENT 2 0 0001` Honorable Planning Commission June 26, 2007 Page 8 Floor Plan (under separate cover) PC ATTACHMENT 3 0OCC ,1: RESOLUTION NO. PC -2007- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DENYING AN APPLICATION FOR CONDITIONAL USE PERMIT NO. 2007 -04, FOR SALE OF ALCOHOLIC BEVERAGES, INCLUDING LIQUOR, FOR OFF -SITE CONSUMPTION AT A PROPOSED CIRCLE -K CONVENIENCE STORE AT 6593 COLLINS DRIVE (CAMPUS PLAZA) ON THE APPLICATION OF SAIB ALRABADI WHEREAS, at duly noticed public hearing on June 26. 2007, the Planning Commission considered Conditional Use Permit No. 2007 -04 on the application of Saib Alrabadi for sale of alcoholic beverages, including liquor, for off -site consumption at a proposed Circle -K convenience store at 6593 Collins Drive (Campus Plaza); and WHEREAS, at its meeting of June 26. 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; reached a decision on this matter; and WHEREAS, the Planning Commission concurs with the Community Development Director's determination that this project is Categorically Exempt from the provisions of CEQA pursuant to Section (15301) as a Class 1 exemption for Existing Facilities. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. DENIAL OF CONDITIONAL USE PERMIT APPLICATION: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the Planning Commission denies the application for Conditional Use Permit No. 2007 -04 as it would be incompatible with adjacent uses and would not serve a public convenience \\Mor_pri_sery \City Share \Community Development\DEV PMTS \C U P\2003- 2007\2007 -04 Circle K\Reso \PC_Reso_07190er00c PC ATTACHMENT 4 Resolution No. PC -2007- Page 2 SECTION 2. FILING OF RESOLUTION: The Community Development Director 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 26th day of June, 2007 Mark Taillon, Chair Barry K. Hogan Community Development Director RESOLUTION NO. PC -2007- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DENYING AN APPLICATION FOR CONDITIONAL USE PERMIT NO. 2007 -04, FOR SALE OF ALCOHOLIC BEVERAGES, INCLUDING LIQUOR, FOR OFF -SITE CONSUMPTION AT A PROPOSED CIRCLE -K CONVENIENCE STORE AT 6593 COLLINS DRIVE (CAMPUS PLAZA) ON THE APPLICATION OF SAIB ALRABADI WHEREAS, at a duly noticed public hearing held on June 26. 2007, July 24, 2007, and September 25, 2007, the Planning Commission considered Conditional Use Permit No. 2007 -04 on the application of Saib Alrabadi for sale of alcoholic beverages, including liquor, for off -site consumption at a proposed Circle -K convenience store at 6593 Collins Drive (Campus Plaza); and WHEREAS, at its meeting of September 25, 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; reached a decision on this matter; and WHEREAS, the Planning Commission concurs with the Planning Director's determination that this project is Categorically Exempt from the provisions of CEQA pursuant to Section (15301) as a Class 1 exemption for Existing Facilities. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: . SECTION 1. DENIAL OF CONDITIONAL USE PERMIT APPLICATION: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the Planning Commission denies the application for Conditional Use Permit No. 2007 -04 as it would be incompatible with adjacent uses and would not serve a public convenience \ \mor_pri_sery \City Share \Community Development\DEV PMTS \C U P\2003- 2007\2007 -04 Circle K \Reso \PC_Reso_07 0925.doc PC ATTACHMENT 2 O0C C Resolution No. PC -2007- Page 2 SECTION 2. FILING OF RESOLUTION: The Planning Director 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 25th day of September, 2007. Mark Taillon, Chair David A. Bobardt Planning Director 0 0(iC1 ITEM: 8.13. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: David A. Bobardt, Planning Director f Prepared by Joseph Fiss, Principal Planner DATE: September 17, 2007 (PC Meeting of 9/25107) SUBJECT: Consider Conditional Use Permit Nos. 2007 -05, 2007 -06, and 2007 -07, a Request to Allow Alcoholic Beverage (Including Liquor) Sales For Off- Site Consumption at a Proposed Market and to Allow Beer and Wine Sales for On -Site Consumption at Two (2) Proposed Restaurants, All Within a Shopping Center Currently Under Construction South of Los Angeles Avenue and West of Moorpark Avenue, on the Application of Tuscany Partners, LLC. BACKGROUND On August 31, 2005, the City Council approved Commercial Planned Development Permit (CPD) No. 2005 -02 for an approximately 74,402 square foot retail commercial shopping center on approximately 6.96 acres on the southwest corner of Los Angeles Avenue and Moorpark Avenue. An application has been filed for three (3) Conditional Use Permits to allow sales of alcoholic beverages at three (3) different establishments within this shopping center. A 14,703 square foot Fresh and Easy (Tesco) market is proposed to anchor the main building of this site. As part of the store operation, the applicant has requested Conditional Use Permit No. 2007 -05 for off -site sales of alcoholic beverages including liquor, beer, and wine. Additional Conditional Use Permits are requested to allow on- premises sale and consumption of beer and wine in conjunction with two (2) proposed "fast casual" restaurants in this center. Conditional Use Permit No. 2007 -06 is for a 3,939 square foot Sumo Sushi restaurant, and Conditional Use Permit No. 2007 -07 is for a 3,338 square foot Me N' Ed's Pizza restaurant. Each of these proposed uses requires its own Conditional Use Permit that can be approved, denied, or approved in an alternative form by the Planning Commission independently of the others. Each permit could also be individually subject to enforcement and revocation procedures. SACommunity Development \DEV PMTS \C U P\2003- 2007\2007 -05 to -08 Tuscany Square\Agenda Rpts\Agenda Report 07 0925.doc 0C", 0 1 Honorable Planning Commission September 25, 2007 Page 2 DISCUSSION Project Setting Existing Site Conditions: The existing site is a relatively flat 6.96 acre parcel that extends from Los Angeles Avenue on the north to Park Crest Lane on the south. The immediate corner of Los Angeles Avenue and Moorpark Avenue is developed with an existing gas station and mini -mart, under separate ownership, and will not be a part of this center. An approximately 74,402 square foot retail commercial shopping center is currently under construction on site. Previous Applications: On August 31, 2005, the City Council approved Commercial Planned Development Permit (CPD) No. 2005 -02 for the shopping center currently under construction on this site. There have been four applications for Permit Adjustments for minor architectural adjustments to accommodate individual tenant requirements. GENERAL PLAN /ZONING Direction General Plan Zoning Land Use General Commercial Site Commercial Planned Shopping Center (C-2) Development (C -2 (Under Construction) .............................. C General Commercial North Commercial Planned Development (C -2 Shopping Center (C-2) .. CPD) Ve ry High Residential South Density Planned Apartments Residential (VH) Development ........ R( PD) _ __ ........_ ...... Residential Very High Planned Density Development Apartments and East Residential (VH) (RPD) and Gasoline Service and General Commercial Station Commercial Planned -2) Development (C -2 CPD) ..... General Commercial West Commercial Planned Shopping Center (C-2) Development (C -2 QED) 0 0 (I 1' Honorable Planning Commission September 25, 2007 Page 3 General Plan and Zoning Consistency: The Zoning Ordinance requires Planning Commission approval of a Conditional Use Permit to allow sale of alcoholic beverages for off -site consumption and on- premises sale and consumption of any alcoholic beverages. The applicant's proposal is consistent with the C- 2 CPD (Commercial Planned Development) Zoning Classification. The General Commercial land use designation in the General Plan is intended to provide for a wide range of retail and service activities. Intended uses include community shopping centers, department stores, restaurants, automotive uses, office and professional services, and business support services. A grocery market and sit down restaurants are consistent with this designation. ANALYSIS Issues Staff analysis of the proposed project has identified the following areas for Planning Commission consideration in their recommendation to the City Council: • Fresh and Easy (Tesco) Market • Sumo Sushi Restaurant/Me N' Ed's Pizza Restaurant Fresh and Easy (Tesco) Market: The sale of alcoholic beverages for off -site consumption requires the review and approval of a Conditional Use Permit by the Planning Commission, after making certain findings regarding compatibility, public safety, and appropriateness. One of these findings requires the proposed use to be compatible with existing and permitted uses in the surrounding area for a Conditional Use Permit to be granted. The proposed use is located within commercial core of the City where this use is generally expected to be located. The Fresh and Easy (Tesco) market is proposing over 90% of its linear footage of display and product display area to include items other than alcoholic beverages, and therefore it is not considered a liquor store. A liquor store would not be a permitted use in this area due to proximity of a public school within one thousand feet. Grocery markets differ substantially from liquor stores and convenience stores in that their primary mission is to provide a full range of goods for consumption by families and individuals. Liquor stores and convenience stores provide a narrower range of goods, targeted specifically for those who desire convenience over variety and selection. As a full service grocery market, this store would not contribute to an over - concentration of stores that primarily sell alcoholic beverages for off -site consumption. A condition is included in the attached draft Resolution to ensure that the Conditional Use Permit would only be valid for a full service grocery market. 00C,; Honorable Planning Commission September 25, 2007 Page 4 Sumo Sushi Restaurant/Me N' Ed's Pizza Restaurant: Staff analysis of the proposed project has identified control of the service of alcoholic beverages as the primary issue for Planning Commission consideration in their review of these Conditional Use Permit applications. These Conditional Use Permits would enhance a new establishment where such uses are traditionally anticipated, consistent with the land use development pattern of the City of Moorpark. Conditions are recommended by staff to address security concerns associated with the service of alcoholic beverages. These conditions are consistent with those applied to other restaurants in Moorpark with alcoholic beverage service. The applicants are concurrently processing applications with the California Department of Alcoholic Beverage Control (ABC) for beer and wine service. The ABC measures the number of businesses selling alcoholic beverages by census tract, and compares this number to other census tracts in the area. Based on these numbers, the ABC has determined that there is an over - concentration of alcohol permits in Census Tract 76.02, where the project is located. It should be noted that this census tract, which covers all land north and west of the Arroyo Simi and south of the Union Pacific Railroad right -of -way, has more commercially -zoned land as a percentage of its total area than any other census tract in Moorpark. Because of these boundaries, it is expected that there will also be a higher concentration of restaurants with alcoholic beverage permits than in any other census tract in the City without necessarily having an over - concentration of such uses. This census tract currently has a healthy mix of commercial land uses, which include a variety of stores, restaurants, auto repair and other services, a movie theater, a gymnasium, and professional offices. A beer and wine permit for service in conjunction with food at a new restaurant will not result in an over - concentration of such permits. In order for ABC to issue an alcohol license, the applicant must obtain a Conditional Use Permit, and subsequently the Community Development Department must issue a letter of "Public Convenience and Necessity." Given that these uses are full - service restaurants contributing to the economic development of the city, this finding can be made for this license. The applicant has not indicated proposed hours of operation. Since hours of operation may change due to market conditions, staff has added a condition of approval to each of these requests, as follows: "Sales, service or consumption of beer and wine allowed by this Conditional Use Permit are permitted only between the hours of 10:00 a.m. and Midnight, with the exception of Mother's Day and Father's Day, when service is permitted to begin at 9:00 a.m. The Community Development Director is authorized to grant approval, with conditions if necessary, for the sale of beer and wine with a Sunday brunch, should this be instituted in the future." These hours are identical to those of Conditional Use Permits approved for the Don Cuco's Restaurant and Viva La Pasta in the adjacent center. Honorable Planning Commission September 25, 2007 Page 5 Findings The following findings are offered for Conditional Use Permit No. 2007 -05 (Fresh and Easy (Tesco) Market): The proposed use is consistent with the provisions of the general plan, zoning ordinance, and any other applicable regulations in that the sale of liquor, beer, and wine for off -site consumption is an ancillary use to the approved grocery market, a use consistent with the General Plan and Zoning.; 2. The proposed use is compatible with both existing and permitted land uses in the surrounding area in that this is an approved full service grocery market where sale of liquor, beer, and wine is not unexpected.; 3. The proposed use is compatible with the scale, visual character, and design of surrounding properties in that the sale of liquor, beer, and wine for off -site consumption is an ancillary use to the approved grocery market and does not require any modifications to the approved building., 4. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or uses in that the sale of liquor, beer, and wine for off - site consumption is an ancillary use to the approved restaurant and does not require any modifications to the approved building.; 5. The proposed use would not be detrimental to the public health, safety, convenience, or welfare in that conditions are required to ensure proper control of the sale of liquor, beer, and wine for off -site consumption; 6. The use will not result in an over - concentration in the area of establishments selling alcoholic beverages. The proposal is enhancing a new establishment where such uses are traditionally anticipated, consistent with the land use development pattern of the City of Moorpark; 7. The use will serve a public convenience in that the sale of liquor, beer, and wine for off -site consumption is an ancillary use to the grocery market; 8. The use will not create the need for increased police services in that conditions are required to ensure proper control of the sale of liquor, beer, and wine for off -site consumption; 9. The requested use at the proposed location will not adversely affect the economic welfare of the community; and 10. The exterior appearance of the structure will not be inconsistent with the external appearance of commercial structures already constructed or under construction on surrounding properties, or within the immediate neighborhood so as to cause blight, deterioration or substantially diminish or impair property values within the neighborhood. Honorable Planning Commission September 25, 2007 Page 6 The following findings are offered for Conditional Use Permit No. 2007 -06 (Sumo Sushi Restaurant): 1. 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 beer and wine for on -site consumption is an ancillary use to the proposed restaurant, a use consistent with the General Plan and Zoning. 2. The proposed use is compatible with both existing and permitted land uses in the area in that this is a proposed full service restaurant where sale of beer and wine is not unexpected. 3. The proposed use is compatible with the scale, visual character, and design of surrounding development in that the sale of beer and wine for on -site consumption is an ancillary use to the proposed restaurant and does not require any modifications to the approved building. 4. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or in that the sale of beer and wine for on -site consumption is an ancillary use to the proposed restaurant and does not require any modifications to the approved building. 5. The proposed use would not be detrimental to the public interest, health, safety, convenience, or welfare in that conditions are required to ensure proper control of the sale of beer and wine for on -site consumption. 6. The use will not result in an over - concentration in the area of establishments selling alcoholic beverages. The proposal is enhancing a new establishment where such uses are traditionally anticipated, consistent with the land use development pattern of the City of Moorpark. 7. The use will serve a public convenience in that the sale of beer and wine for on -site consumption is an ancillary use to the restaurant. 8. The use will not create the need for increased police services in that conditions are required to ensure proper control of the sale of beer and wine for on -site consumption. 9. The requested use at the proposed location will not adversely affect the economic welfare of the community. 10. 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. 0000'x.' Honorable Planning Commission September 25, 2007 Page 7 The following findings are offered for Conditional Use Permit No. 2007 -07 (Me N' Ed's Pizza Restaurant): 1. 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 beer and wine for on -site consumption is an ancillary use to the proposed restaurant, a use consistent with the General Plan and Zoning. 2. The proposed use is compatible with both existing and permitted land uses in the area in that this is a proposed full service restaurant where sale of beer and wine is not unexpected. 3. The proposed use is compatible with the scale, visual character, and design of surrounding development in that the sale of beer and wine for on -site consumption is an ancillary use to the proposed restaurant and does not require any modifications to the approved building. 4. 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 beer and wine for on -site consumption. 5. The proposed use would not be detrimental to the public interest, health, safety, convenience, or welfare in that conditions are required to ensure proper control of the sale of beer and wine for on -site consumption. 6. The use will not result in an over - concentration in the area of establishments selling alcoholic beverages. The proposal is enhancing a new establishment where such uses are traditionally anticipated, consistent with the land use development pattern of the City of Moorpark. 7. The use will serve a public convenience in that the sale of beer and wine for on -site consumption is an ancillary use to the restaurant. 8. The use will not create the need for increased police services in that conditions are required to ensure proper control of the sale of beer and wine for on -site consumption. 9. The requested use at the proposed location will not adversely affect the economic welfare of the community. 10. 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. Honorable Planning Commission September 25, 2007 Page 8 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: July 6, 2007 Planning Commission Action Deadline: October 4, 2007 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 Planning 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: Existing Facilities) of the California Code of Regulations (CEQA Guidelines). No further environmental documentation is required. 0 fd C, 01 Honorable Planning Commission September 25, 2007 Page 9 STAFF RECOMMENDATION Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC -2007- 05, 2007 -06, and 2007 -07. ATTACHMENTS: approving Conditional Use Permit Nos. 2007- 1. Location Map 2. Aerial Photograph 3. Project Exhibits A. Site Plan B. Suite C (Fresh and Easy) Floor Plan C. Suites D -2 and D -3 (Sumo Sushi) Floor Plan D. Suites E -2 and E -3 (Me N' Ed's Pizza) Floor Plan 4. Draft PC Resolution with Conditions of Approval a� tj ------ - - - - -_ W LOSANGELES AVE W LGSANGE LES AV E f E L S AN AVE E LGS ANGELES AVE LOCATION MAP PC ATTACHMENT 1 Honorable Planning Commission June 14, 2005 Page 11 PC ATTACHMENT 2 00fo B ------------------------------------------------------------ - ------------------ -- -------------------------- ------ -------- ------------------------------------------------------------ K 0 R A N NET SITE - 303,342 S.F. WO ACRES) TOTAL B=NG AREA 66,584 SF- 324 CARS +M HANDICAP AVAILABLE - 336 TL (5.03 CARS / 1000 SE) PC ATTACHMENT 3A �a CURB RAMP SIDEWALK ' -0^ SALES FLOOR , Qom' _____________13 ____ BIK__E R____ ACK _ _____________ ` S.A EMT 17 SLIDING DOOR UNIT 1 L OFFICE CK -OUT 3.B. ____ ivwa,nm2 carn[a>a i i _J v COInMEE6� AAC( WAREHOUSE v a J _ J �m r� N LOADING DOCK JL FIXTURE PL oRC LocaroN L.a �.o n.00�naw an. ar. NmPw. u anue.�efm tso. N. � MwwYifl6wniYM R. aua acxmnN_ a wry,<ew _ 1 PMwCmw roiAt aswowatra aroawa Raf APPROVALSK O 135 S.F I EXIT — — — �Qy .,G• .-0 5' 2S' HBA SHELVING C 12'HBASHELVMG h 17 SLIDING SELF ERVE CHECK-0Uf DOOR UNIT D OINSTAR V REF. CASE 8' REF. CASE DELEF. t TM Q w U o 8 N N M N N N M 8 z > & =t as I 8' REF. CASE FEATURE r'S• 1 r re T 8 I? ry V GROCERY 8' GROCERY S' GROCERY r GROCERY 24' PREPARED MEALS b 8' CHILLED i' RMERY H' BAKERY SHELVING 0 D.F. L� I I I — 1 J I LOUNGE DAIRY COOLER PALLET STORAGE 174 S.F. WOMEN MEN 319 &F. b SIDEWALK ELECT. ROOM PROPOSED FIXTURE PLAN FRESH & EASY N 3GALE:,18•.,'-0' Suite C 14,703 S.F. PC ATTACHMENT 3.B. ____ ivwa,nm2 carn[a>a i i _J v COInMEE6� AAC( WAREHOUSE v a J _ J �m r� N LOADING DOCK JL FIXTURE PL oRC LocaroN L.a �.o n.00�naw an. ar. NmPw. u anue.�efm tso. N. � MwwYifl6wniYM R. aua acxmnN_ a wry,<ew _ 1 PMwCmw roiAt aswowatra aroawa Raf APPROVALSK O PC ATTACHMENT 3.C. . r, i S " I 14 �F? fill loll, all it ;1 !;h 11110i Jill, I lia Igo jig g I! M I h: ; ■ I gill 1191P. 1111 gill gill 11,11'spillolliflow, 00; 91 If ; 22 - 6000Q.00 W L) F— co N M1 Q N I CL I LLJ L) V) -d � 0. N 1 10 W W n M U) . Z cu n 4-3 (U V) COCID2S "IMUMMUMN �MII II �aii�oiuiiio��i��oiii��iiii���ii�ii��io 501�16'9�EE �GG�DOB @�Ei9��� 1611E���I . r, i S " I 14 �F? fill loll, all it ;1 !;h 11110i Jill, I lia Igo jig g I! M I h: ; ■ I gill 1191P. 1111 gill gill 11,11'spillolliflow, 00; 91 If ; 22 - 6000Q.00 W L) F— co N M1 Q N I CL I LLJ L) V) -d � 0. N 1 10 W W n M U) . Z cu n 4-3 (U V) COCID2S RESOLUTION NO. PC -2007- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NOS. 2007 -05, 2007 -06, AND 2007- 07, A REQUEST TO ALLOW ALCOHOLIC BEVERAGE (INCLUDING LIQUOR) SALES FOR OFF -SITE CONSUMPTION AT A PROPOSED MARKET AND TO ALLOW BEER AND WINE SALES FOR ON -SITE CONSUMPTION AT TWO (2) PROPOSED RESTAURANTS, ALL WITHIN A SHOPPING CENTER CURRENTLY UNDER CONSTRUCTION SOUTH OF LOS ANGELES AVENUE AND WEST OF MOORPARK AVENUE, ON THE APPLICATION OF TUSCANY PARTNERS, LLC. WHEREAS, at a duly noticed public hearing on September 25th, 2007, the Planning Commission considered Conditional Use Permit Nos. 2007 -05, 2007 -06, and 2007 -07 on the application of Tuscany Partners, LLC., a request to allow alcoholic beverage (including liquor) sales for off -site consumption at a proposed market and to allow beer and wine sales for on -site consumption at two (2) proposed restaurants, all within a shopping center currently under construction south of Los Angeles Avenue and west of Moorpark Avenue; and WHEREAS, at its meeting of September 25th, 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; and reached a decision on this matter; and WHEREAS, the Planning Commission concurs with the Planning Director's determination that this project is Categorically Exempt from the provisions of CEQA pursuant to Section 15301 as a Class 1 exemption for Existing Facilities. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Conditional Use Permit No. 2007 -05 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 17.44.030: 1. The proposed use is consistent with the provisions of the general plan, zoning ordinance, and any other applicable regulations in that the sale of liquor, beer, and wine for off -site consumption is an ancillary use to the approved grocery market, a use consistent with the General Plan and Zoning.; SACommunity Development\DEV PMTS \C U P\2003- 2007\2007 -05 to -08 Tuscany Square \Reso \PC_Reso 07 0925.doc PC ATTACHMENT 4 Resolution No. PC -2006- Page 2 2. The proposed use is compatible with both existing and permitted land uses in the surrounding area in that this is an approved full service grocery market where sale of liquor, beer, and wine is not unexpected.; 3. The proposed use is compatible with the scale, visual character, and design of surrounding properties in that the sale of liquor, beer, and wine for off -site consumption is an ancillary use to the approved grocery market and does not require any modifications to the approved building.; 4. The, proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or uses in that the sale of liquor, beer, and wine for off -site consumption is an ancillary use to the approved restaurant and does not require any modifications to the approved building., 5. The proposed use would not be detrimental to the public health, safety, convenience, or welfare in that conditions are required to ensure proper control of the sale of liquor, beer, and wine for off -site consumption; 6. The use will not result in an over - concentration in the area of establishments selling alcoholic beverages. The proposal is enhancing a new establishment where such uses are traditionally anticipated, consistent with the land use development pattern of the City of Moorpark; 7. The use will serve a public convenience in that the sale of liquor, beer, and wine for off -site consumption is an ancillary use to the grocery market; 8. The use will not create the need for increased police services in that conditions are required to ensure proper control of the sale of liquor, beer, and wine for off -site consumption; 9. The requested use at the proposed location will not adversely affect the economic welfare of the community; and 10. The exterior appearance of the structure will not be inconsistent with the external appearance of commercial structures already constructed or under construction on surrounding properties, or within the immediate neighborhood so as to cause blight, deterioration or substantially diminish or impair property values within the neighborhood. SECTION 2. Conditional Use Permit No. 2007 -06 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 17.44.030: 1. 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 beer and wine for on -site consumption is an ancillary use to the proposed restaurant, a use consistent with the General Plan and Zoning. 0 0 C 0" Resolution No. PC -2006- Page 3 2. The proposed use is compatible with both existing and permitted land uses in the area in that this is a proposed full service restaurant where sale of beer and wine is not unexpected. 3. The proposed use is compatible with the scale, visual character, and design of surrounding development in that the sale of beer and wine for on -site consumption is an ancillary use to the proposed restaurant and does not require any modifications to the approved building. 4. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or in that the sale of beer and wine for on -site consumption is an ancillary use to the proposed restaurant and does not require any modifications to the approved building. 5. The proposed use would not be detrimental to the public interest, health, safety, convenience, or welfare in that conditions are required to ensure proper control of the sale of beer and wine for on -site consumption. 6. The use will not result in an over - concentration in the area of establishments selling alcoholic beverages. The proposal is enhancing a new establishment where such uses are traditionally anticipated, consistent with the land use development pattern of the City of Moorpark. 7. The use will serve a public convenience in that the sale of beer and wine for on -site consumption is an ancillary use to the restaurant. 8. The use will not create the need for increased police services in that conditions are required to ensure proper control of the sale of beer and wine for on -site consumption. 9. The requested use at the proposed location will not adversely affect the economic welfare of the community. 10. 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 3. Conditional Use Permit No. 2007 -07 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 17.44.030: 1. 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 beer and wine for on -site consumption is an ancillary use to the proposed restaurant, a use consistent with the General Plan and Zoning. 00(11. "1_11. Resolution No. PC -2006- Page 4 2. The proposed use is compatible with both existing and permitted land uses in the area in that this is a proposed full service restaurant where sale of beer and wine is not unexpected. 3. The proposed use is compatible with the scale, visual character, and design of surrounding development in that the sale of beer and wine for on -site consumption is an ancillary use to the proposed restaurant and does not require any modifications to the approved building. 4. 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 beer and wine for on -site consumption. 5. The proposed use would not be detrimental to the public interest, health, safety, convenience, or welfare in that conditions are required to ensure proper control of the sale of beer and wine for on -site consumption. 6. The use will not result in an over - concentration in the area of establishments selling alcoholic beverages. The proposal is enhancing a new establishment where such uses are traditionally anticipated, consistent with the land use development pattern of the City of Moorpark. 7. The use will serve a public convenience in that the sale of beer and wine for on -site consumption is an ancillary use to the restaurant. 8. The use will not create the need for increased police services in that conditions are required to ensure proper control of the sale of beer and wine for on -site consumption. 9. The requested use at the proposed location will not adversely affect the economic welfare of the community. 10. 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 4. PLANNING COMMISSION APPROVAL: The Planning Commission hereby APPROVES Conditional Use Permit Nos. 2007 -05, 2007 -06, and 2007 -07 subject to the Conditions of Approval included in Exhibit A (Conditions of Approval), attached hereto and incorporated herein by reference. SECTION 5. FILING OF RESOLUTION: The Planning Director shall cause a certified resolution to be filed in the book of original resolutions. 004 -,0' Resolution No. PC -2006- Page 5 The action of the foregoing direction was approved by the following vote: AYES: NOES: ABSTAIN: ABSENT: PASSED, AND ADOPTED this 25th day of September, 2007. Mark Taillon, Chair David A. Bobardt Planning Director Exhibit A — Conditions of Approval for Conditional Use Permit Nos. 2007 -05, 2007 -06, and 2007 -07 00 "110 Resolution No. PC -2006- Page 6 EXHIBIT A CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT 2007 -05 PLEASE CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS 1. 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. 2. 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. 3. 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. 4. 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. 5. The development must be in substantial conformance with the plans presented in conjunction with the application for Conditional Use Permit No. 2007 -05, except any modifications as may be required to meet specific Code standards or other conditions stipulated herein. All Conditions of Approval and requirements of Commercial Planned Development Permit No. 2005 -02, as amended, shall continue to apply unless specifically modified by this Conditional Use Permit. 00(1110a3r 1- Resolution No. PC -2006- Page 7 6. 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. 7. Approval of a Zoning Clearance is required prior to the issuance of building permits. All other permit and fee requirements must be met. 8. The applicant shall reimburse the City of Moorpark for any additional police or other costs incurred by the City as a result of operations approved by this Conditional Use Permit, including fifteen (15 %) percent overhead on any such services. 9. No person under the age of eighteen (18) shall sell packaged alcoholic beverages. 10. All exterior areas of the site, including parking areas under use by the facility, shall be maintained free of litter and debris at all times. 11. Conditional Use Permit No. 2007 -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 conforming use constitutes abandonment and termination of the nonconforming status of the use. 12. The City of Moorpark reserves the right to modify, suspend or revoke for cause this conditional use permit consistent with Chapter 17.44 of the Moorpark Municipal Code or as may be amended in the future. 13. Hours of operation may take place between 6:00 a.m. to 11:00 p.m., seven (7) days a week. 14. The facility must 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. 15. Areas inside the establishment open to customers must be illuminated sufficiently to allow the identification of persons. 16. The applicant or his /her designee shall be responsible to police the exterior of the business to assure that no alcoholic beverages are consumed within the parking lot. The applicant shall not permit any loitering in the parking lot or in areas adjacent to the facility. 17. No exterior advertising of any kind or type is allowed promoting or indicating the availability of alcoholic beverages. Interior displays of beer or wine that are clearly visible to the exterior shall constitute a violation of this condition. , 00110 � a Resolution No. PC -2006- Page 8 18. In order to reduce theft, no floor display with filled containers of alcoholic beverages is permitted. Floor displays of alcoholic beverages may only contain empty packaging. 19. The permittee must correct any safety or security problem within thirty (30) days upon written notice of such a problem from the Moorpark Police Department. 20. Closed- circuit television cameras shall provide monitoring and recording of the sales counter to show employee /customer transactions, as well as, the reach -in refrigerators and floor area. This system should have the capability to record 24 hours. This system shall be protected from access by employees and customers. 21. Any and all employees directly involved or supervising the sale /service of alcoholic beverages shall provide evidence and the business shall maintain records that employees have: a. Received training from the State of California Department of Alcoholic Beverage Control "Leadership and Education in Alcohol and Drugs" LEAD program in the form of an ABC issued certificate. b. The Owner /Manager shall confirm with the California Department of Alcoholic Beverage Control within fifteen (15) days of hire any new employee has been scheduled with the local (Santa Barbara ABC office) to attend the LEAD program course. Alternatively, this course attendance requirement may be met through a LEAD certified agency or company approved by the State of California. -End- CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT 2007 -06 PLEASE CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING 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. 00 r09 Resolution No. PC -2006- Page 9 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. 6. The development must be in substantial conformance with the plans presented in conjunction with the application for Conditional Use Permit No. 2007 -06, except any modifications as may be required to meet specific Code standards or other conditions stipulated herein. All Conditions of Approval and requirements of Commercial Planned Development Permit No. 2005 -02, as amended, shall continue to apply unless specifically modified by this Conditional Use Permit. 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 is required prior to the issuance of building permits. All other permit and fee requirements must be met. 9. Entertainment is not approved as part of this Conditional Use Permit and requires approval of a separate permit. 10. Security personnel must 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, Fire Department, and Community Development Department staff to determine which activities shall require additional security. The owner /manager shall be required to obtain Temporary Use Permit approval from the City of Resolution No. PC -2006- Page 10 Moorpark when a scheduled activity could create a need for increased police presence. The only exception shall be for special events held by Moorpark -based non - profit groups. 11. The applicant shall reimburse the City of Moorpark for any additional police or other costs incurred by the City as a result of operations approved by this Conditional Use Permit, including fifteen (15 %) percent overhead on any such services. 12. No person under the age of eighteen (18) shall serve or package alcoholic beverages. 13. All exterior areas of the site, including parking areas under use by the facility, shall be maintained free of litter and debris at all times. 14. Conditional Use Permit No. 2007 -06 may be revoked or its use suspended by the City, if any of the causes listed in Section 17.44.080.6 of the Zoning Code are found to apply, including if the use for which the permit was granted has not been exercised for at least twelve (12) consecutive months, has ceased to exist, or has been abandoned. The discontinuance for a period of one hundred eighty (180) or more days of a nonconforming use or a change of nonconforming use to a conforming use constitutes abandonment and termination of the nonconforming status of the use. 15. The City of Moorpark reserves the right to modify, suspend or revoke for cause this conditional use permit consistent with Chapter 17.44 of the Moorpark Municipal Code or as may be amended in the future. 16. Sales, service or consumption of beer and wine allowed by this Conditional Use Permit are permitted only between the hours of 10:00 a.m. and Midnight, with the exception of Mother's Day and Father's Day, when service is permitted to begin at 9:00 a.m. The Community Development Director is authorized to grant approval, with conditions if necessary, for the sale of beer and wine with a Sunday brunch, should this be instituted in the future. 17. The facility must 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. 18. Areas inside the establishment open to customers must be illuminated sufficiently to allow the identification of persons. 19. The applicant or his /her designee shall be responsible to police the exterior of the business to assure that no beer or wine is consumed within the parking lot. The applicant shall not permit any loitering in the parking lot or in areas adjacent to the facility. 20. No exterior advertising of any kind or type is allowed promoting or indicating the availability of alcoholic beverages. Interior displays of beer or wine that are clearly visible to the exterior shall constitute a violation of this condition. Resolution No. PC -2006- Page 11 21. The permittee must correct any safety or security problem within thirty (30) days upon written notice of such a problem from the Moorpark Police Department. 22. Any and all employees directly involved or supervising the sale /service of alcoholic beverages shall provide evidence and the business shall maintain records that employees have: a. Received training from the S Beverage Control "Leadership program in the form of an ABC ate of California Department of Alcoholic and Education in Alcohol and Drugs" LEAD issued certificate. b. The Owner /Manager shall confirm Alcoholic Beverage Control within employee has been scheduled with to attend the LEAD program course. requirement may be met through a approved by the State of California. -End- with the California Department of fifteen (15) days of hire any new the local (Santa Barbara ABC office) Alternatively, this course attendance LEAD certified agency or company CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT 2007 -07 PLEASE CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING 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 ©0( -,10 �19 Resolution No. PC -2006- Page 12 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. 6. The development must be in substantial conformance with the plans presented in conjunction with the application for Conditional Use Permit No. 2007 -07, except any modifications as may be required to meet specific Code standards or other conditions stipulated herein. All Conditions of Approval and requirements of Commercial Planned Development Permit No. 2005 -02, as amended, shall continue to apply unless specifically modified by this Conditional Use Permit. 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 is required prior to the issuance of building permits. All other permit and fee requirements must be met. 9. Entertainment is not approved as part of this Conditional Use Permit and requires approval of a separate permit. 10. Security personnel must 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, Fire Department, and Community Development Department staff to determine which activities shall require additional security. The owner /manager shall be required to obtain Temporary Use Permit approval from the City of Moorpark when a scheduled activity could create a need for increased police presence. The only exception shall be for special events held by Moorpark -based non - profit groups. 11. The applicant shall reimburse the City of Moorpark for any additional police or other costs incurred by the City as a result of operations approved by this Conditional Use Permit, including fifteen (15 %) percent overhead on any such services. 00(,027,"' Resolution No. PC -2006- Page 13 12. No person under the age of eighteen (18) shall serve or package alcoholic beverages. 13. All exterior areas of the site, including parking areas under use by the facility, shall be maintained free of litter and debris at all times. 14. Conditional Use Permit No. 2007 -07 may be revoked or its use suspended by the City, if any of the causes listed in Section 17.44.080.6 of the Zoning Code are found to apply, including if the use for which the permit was granted has not been exercised for at least twelve (12) consecutive months, has ceased to exist, or has been abandoned. The discontinuance for a period of one hundred eighty (180) or more days of a nonconforming use or a change of nonconforming use to a conforming use constitutes abandonment and termination of the nonconforming status of the use. 15. The City of Moorpark reserves the right to modify, suspend or revoke for cause this conditional use permit consistent with Chapter 17.44 of the Moorpark Municipal Code or as may be amended in the future. 16. Sales, service or consumption of beer and wine allowed by this Conditional Use Permit are permitted only between the hours of 10:00 a.m. and Midnight, with the exception of Mother's Day and Father's Day, when service is permitted to begin at 9:00 a.m. The Community Development Director is authorized to grant approval, with conditions if necessary, for the sale of beer and wine with a Sunday brunch, should this be instituted in the future. 17. The facility must 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. 18. Areas inside the establishment open to customers must be illuminated sufficiently to allow the identification of persons. 19. The applicant or his /her designee shall be responsible to police the exterior of the business to assure that no beer or wine is consumed within the parking lot. The applicant shall not permit any loitering in the parking lot or in areas adjacent to the facility. 20. No exterior advertising of any kind or type is allowed promoting or indicating the availability of alcoholic beverages. Interior displays of beer or wine that are clearly visible to the exterior shall constitute a violation of this condition. 21. The permittee must correct any safety or security problem within thirty (30) days upon written notice of such a problem from the Moorpark Police Department. 22. Any and all employees directly involved or supervising the sale /service of alcoholic beverages shall provide evidence and the business shall maintain records that employees have: 00(00 Resolution No. PC -2006- Page 14 a. Received training from the State of California Department of Alcoholic Beverage Control "Leadership and Education in Alcohol and Drugs" LEAD program in the form of an ABC issued certificate. b. The Owner /Manager shall confirm with the California Department of Alcoholic Beverage Control within fifteen (15) days of hire any new employee has been scheduled with the local (Santa Barbara ABC office) to attend the LEAD program course. Alternatively, this course attendance requirement may be met through a LEAD certified agency or company approved by the State of California. -End- 00(f ITEM: 8.C. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: David A. Bobardt, Planning Director V' Prepared by Barry K. Hogan, Deputy City Manag r r Richard A. Diaz, Special Projects C�or inator l DATE: August 17, 2007 (PC Meeting of 9/25/07) SUBJECT: Consider the Repeal of Ordinance No. 166 and the Approval of Zoning Ordinance Amendment No. 2007 -03, to Amend Chapter 17.20 Table 17.20.060A1; Amend Section 17.24.040 by Adding Section 17.24.040N Adult Business Minimum Location Requirements; and Amend Chapter 17.28 by Adding Section 17.28.050 Adult Business Permit BACKGROUND On June 21, 1993, the City Council adopted Ordinance No. 166, establishing regulations for Adult Entertainment Facilities. It was never codified into the Municipal Code. Ordinance No. 166 no longer addresses the current state of the law regarding adult businesses and needs to be updated. The amendment before the Planning Commission codifies adult business recommendations as new sections of Title 17 (Zoning) and repeals Ordinance No. 166. The City Council will be considering the Planning Commission recommendation on this Zoning Ordinance Amendment along with recommended changes to Title 5 (Business Taxes, Licenses and Regulations) adding Chapter 5.18 (Adult Business Performer Permit). The recommended changes to Title 5 are beyond the authority of the Planning Commission and are not a part the proposed Planning Commission resolution. DISCUSSION Ordinance No. 166 relative to adult businesses no longer is an effective tool for the City to protect the public health, safety and welfare of the City and its residents. Consideration of a new ordinance is required to establish operating and location standards for adult businesses in order to: (1) mitigate and reduce the judicially recognized potential adverse secondary effects of adult businesses, including but not limited to crime, the prevention of blight in neighborhoods and the increased threat of the spread of sexually transmitted diseases; (2) protect the quality of life and neighborhoods in the City, the City's retail and commercial trade, and local property values, and minimize the potential for nuisances \\mor_pri_sery \City Share \Community Development\DEV PMTS\Z O A\2007 \03 Adult Business\Agenda Reports \070925 pc agenda rpt.doc 0 r:0 Honorable Planning Commission September 25, 2007 Page 2 related to the operation of adult businesses; and (3) protect the peace, welfare and privacy of persons who own, operate and /or patronize adult businesses. There is substantial evidence that an increase in crime tends to accompany, concentrate around, and be aggravated by adult businesses, including but not limited to an increase in the crimes of narcotics distribution and use, prostitution, pandering, and violence against persons and property. The studies from other cities establish by convincing evidence that adult businesses that are not regulated as to operating standards often have a deleterious effect on nearby businesses and residential areas, causing, among other adverse secondary effects, an increase in crime and a decrease in property values. Regulations for adult businesses should be developed to prevent deterioration or degradation of the vitality of the community before the problem exists, rather than waiting for problems to be created. In developing this ordinance, the staff is mindful of legal principles relating to regulation of adult businesses. It is not the City's intension to suppress or infringe upon any expressive activities protected by the First Amendment of the United States Constitution and Article 1 of the California Constitution but instead it is the City's desires to enact reasonable time, place, and manner regulations that address the adverse secondary effects of adult businesses. Staff has considered decisions of the United States and California Courts regarding local regulation of adult businesses. The location requirements established by this ordinance do not unreasonably restrict the establishment or operation of constitutionally protected adult businesses in the City, and a sufficient reasonable number of appropriate locations for adult businesses are provided by this ordinance. Location criteria alone do not adequately protect the health, safety, and general welfare of the citizens of the City, and therefore certain requirements with respect to the ownership, operation and licensing of adult businesses are in the public interest. In addition to the findings and studies conducted in other cities regarding increases in crime rates, decreases in property values and the blighting of areas in which such businesses are located, there are facts recited in the case of Kev, Inc. v. Kitsap County, 793 F.2d 1053 (9th Cir. 1986), regarding how live adult entertainment results in secondary effects such as prostitution, drug dealing, and other law enforcement problems. This ordinance, in part, is based upon documents and judicial decisions in the public record: 1. Evidence indicates that some dancers, models, performers, and other persons who publicly perform specified sexual activities or publicly display specified anatomical areas in adult businesses (collectively referred to as "performers ") have been found to engage in sexual activities with patrons of adult businesses on the site of the adult business. 2. Evidence has demonstrated that performers employed by adult businesses have been found to offer and provide private shows to patrons who, for a price, are permitted to observe and participate with the performers in live sex shows. 004. 0 - Honorable Planning Commission September 25, 2007 Page 3 3. Evidence indicates that performers at adult businesses have been found to engage in acts of prostitution with patrons of the establishment. 4. Evidence indicates that fully enclosed booths, individual viewing areas, and other small rooms whose interiors cannot be seen from public areas of the establishment regularly have been found to be used as locations for engaging in unlawful sexual activity. 5. As a result of the above, and the increase in incidents of HIV, AIDS, and hepatitis B, which are sexually transmitted or blood borne diseases, the City has a substantial interest in adopting regulations that will reduce the possibility for the occurrence of prostitution and unlawful sex acts at adult businesses in order to protect the health, safety, and well -being of its citizens. The City finds this is relevant to the experience of Moorpark and the need to regulate the secondary effects of adult businesses within the community. 6. The public health, safety, welfare, and morals of all persons in the City must be protected by the establishment of standards to diminish the possibility of infection of contagious diseases. This ordinance attempts to address, by regulation of adult businesses, the specific danger from the sexually transmitted disease AIDS, which is currently irreversible and fatal. The County of Ventura, Health Care Agency, Public Health Department's HIV /AIDS Report 2003 — 2004 addresses the impact of AIDS to the community. The report indicates that from 1983 — 2003 there were 868 Adult AIDS cases; 516 Adult Deaths; 3 Pediatric Cases; 2 Pediatric Deaths reported in Ventura County. In the neighboring County of Los Angeles their "HIV Prevention Plan 2004 - 2008," County of Los Angeles Department of Health Services ( "County HIV Prevention Plan "). The County HIV Prevention Plan states that as of July 2004 there was a total of 48,510 persons living with AIDS and that the total number of such persons has increased since 1995. According the County HIV Prevention Plan, over 1,700 persons living with AIDS are in the San Gabriel Valley special planning area. There have been at least 28,810 AIDS - related deaths reported in Los Angeles County since the mid- 1980s. The ordinance also attempts to address, by regulation of adult businesses, preventing the spread of other sexually transmitted diseases such as Syphilis, Gonorrhea and Chlamydia. The County of Ventura, Health Care Agency, Public Health Department's "Monthly Morbidity Report (12/1/2006 through 12/31/2006)" listing a five -year total (2002 — 2006) of 7,765 cases of Chlamydia; 872 cases of Gonorrhea; and 165 cases of Syphilis. In the neighboring County of Los Angeles, the Department of Health Services "Sexually Transmitted Disease Morbidity Report (1998 - 2002)," ( "County STD Report"). The Los Angeles County STD Report indicates that the between 1998 and 2002 the number of reported cases in Los Angeles County of: (1) Syphilis increased from 1312 to 1644; (2) Gonorrhea increased from 5986 to 7,800; and (3) Chlamydia increased from 24,166 to Honorable Planning Commission September 25, 2007 Page 4 35,688. It should also be noted that numerous studies have shown that sexually transmitted diseases such as Syphilis, Gonorrhea and Chlamydia facilitate the transmission of HIV. ANALYSIS The proposed ordinance does five things: ■ It repeals Ordinance No. 166, the current adult business regulations; and ■ It amends the Use Matrix Table 17.20.060A.1. to allow adult businesses in the M -1 and M -2 zones with the issuance of a Zoning Clearance when the location and operation standards of section 17.24.040N and 17.28.050 are met; and ■ It establishes location requirements for adult businesses in the M -1 and M -2 zones through the addition of Section 17.24.040N; and ■ It provides operational standards for adult businesses in the M -1 and M -2 zones through the addition of Section 17.28.050; and ■ It provides a reference to Chapter 5.18 Adult Business Performance Permit. A map of the City showing the properties where adult businesses can be located in accordance with the location requirements of the newly proposed Section 17.24.040N has been prepared by staff and will be available at the Planning Commission meeting. PROCESSING TIME LIMITS Since this is an action initiated by the City, the processing time limits 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) are not applicable. ENVIRONMENTAL DETERMINATION In accordance with the City's environmental review procedures adopted by resolution, the Planning 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. 00(`101',11- Honorable Planning Commission September 25, 2007 Page 5 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 Planning Director has reviewed this project and found it to qualify for a General Rule Exemption in accordance with Section 15061 of California Code of Regulations (CEQA Guidelines). No further environmental documentation is required. STAFF RECOMMENDATION Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC -2007- recommending to the City Council repeal of Ordinance No. 166 and approval of Zoning Ordinance Amendment 2007 -03. ATTACHMENTS: Draft PC Resolution RESOLUTION NO. PC -2007 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL THE REPEAL OF ORDINANCE NO. 166 AND THE ADOPTION OF ZONING ORDINANCE AMENDMENT NO. 2007 -03 TO AMEND CHAPTER 17.20 TABLE 17.20.060A1 AND AMENDING SECTION 17.24.040 TO ADD SECTION 17.24.040N ADULT BUSINESS MINIMUM LOCATION REQUIREMENTS AND AMENDING CHAPTER 17.28 BY ADDING SECTION 17.28.050 ADULT BUSINESS PERMIT WHEREAS, Ordinance No. 166, adopted by the City Council on June 2, 1993 to establish regulations for adult entertainment facilities /business regulations, does not conform to the current law as it relates to the regulation of adult businesses; and WHEREAS, at its meeting of September 25, 2007, the Planning Commission conducted a duly- noticed public hearing on Zoning Ordinance Amendment No. 2007 -03, to amend Chapter 17.20 Table 17.20.060A1; amend Section 17.24.040 by adding Section 17.24.040N Adult Business Minimum Location Requirements; and amend Chapter 17.28 by adding Section 17.28.050 Adult Business Permit, received public testimony on the proposed amendments, and after receiving oral and written public testimony, closed the public hearing and reached a decision; and WHEREAS, the Moorpark Municipal Code, including the Moorpark Zoning Code, does not adequately address or regulate the existence or location of Adult Businesses the Council deems it is necessary and appropriate to amend to refine and update the appropriate zoning districts and locations for potential adult businesses and enhance the permitting and operational standards for adult businesses, and WHEREAS, the public health, safety and welfare of the City and its residents require the enactment of this ordinance and such operating standards for adult businesses in order to: (1) mitigate and reduce the judicially recognized potential adverse secondary effects of adult businesses, including but not limited to crime, the prevention of blight in neighborhoods and the increased threat of the spread of sexually transmitted diseases, (2) protect the quality of life and neighborhoods in the City, the City's retail and commercial trade, and local property values, and minimize the potential for nuisances related to the operation of adult businesses; and (3) protect the peace, welfare and privacy of persons who own, operate and /or patronize adult businesses; and WHEREAS, there is substantial evidence that an increase in crime tends to accompany, concentrate around, and be aggravated by adult businesses, including but not limited to an increase in the crimes of narcotics distribution and use, prostitution, pandering, and violence against persons and property. The studies from other cities establish by convincing evidence that adult businesses that are not regulated as to operating standards often have a deleterious effect on nearby businesses and residential \ \mor_pri_sery \City Share \Community Development \DEV PMTS\Z O A \2007 \03 Adult Business \Reso and Ord \070925 pc reso.doc PC ATTACHMENT 1 0 00,01 Resolution No. PC -2007- Page 2 areas, causing, among other adverse secondary effects, an increase in crime and a decrease in property values; and WHEREAS, based on the foregoing, the Planning Commission finds and determines that special regulation of adult businesses is necessary to ensure that their adverse secondary effects will not contribute to an increase in crime rates or to the deterioration of the areas in which they are located or surrounding areas. While the Planning Commission acknowledges that as of the date of this amendment no adult businesses have been established in the City, the need for such special regulations is nevertheless based upon the recognition that adult businesses have serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances or located in direct proximity to sensitive uses such as residences, parks, schools and churches, thereby having a deleterious effect upon the adjacent areas. One of the purposes and intents of these special regulations is to prevent the concentration of adult businesses and thereby prevent such adverse secondary effects WHEREAS, the Planning Commission concurs with the Planning Director's determination that Zoning Ordinance Amendment 2007 -03 to amend Chapter 17.20 Table 17.20.060A1; amend Section 17.24.040 by adding Section 17.24.040N Adult Business Minimum Location Requirements; and amend Chapter 17.28 by adding Section 17.28.050 Adult Business Permit and to repeal Ordinance No. 166 is exempt from the provisions of the California Environmental Quality Act by the general rule that CEQA only applies to projects that may have a significant effect on the environment. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. GENERAL PLAN AND SPECIFIC PLAN CONSISTENCY: The Planning Commission finds that Zoning Ordinance Amendment 2007 -03, to amend Chapter 17.20 Table 17.20.060A1; amend Section 17.24.040 by adding Section 17.24.040N Adult Business Minimum Location Requirements; and amend Chapter 17.28 by adding Section 17.28.050 Adult Business Permit, and the repeal of Ordinance No. 166, is consistent with the City of Moorpark General Plan and all adopted Specific Plans. SECTION 2. RECOMMENDATION: The Planning Commission recommends to the City Council the repeal of Ordinance No. 166 and the adoption of Zoning Ordinance Amendment No. 2007 -03 to amend Chapter 17.20 Table 17.20.060A1; amend Section 17.24.040 by adding Section 17.24.040N Adult Business Minimum Location Requirements; and amend Chapter 17.28 by adding Section 17.28.050 Adult Business Permit as recommended by staff and shown as Exhibits A, B, and C attached. "mor pri_sery \City Share \Community Development\DEV PMTSIZ O A 12007103 Adult Business\Reso and Ord \070925 pc reso.doc 00(i011" Resolution No. PC -2007- Page 3 SECTION 3. FILING OF RESOLUTION: The Planning Director 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 day of , 2007. Mark Taillon, Chair David A. Bobardt Planning Director Attachments: Exhibit A, Table 17.20.060A1 Exhibit B, Section 17.24.040N Exhibit C, Section 17.28.050 \ \mor_pri_sery \City Share \Community Development\DEV PMTS\Z O A \2007 \03 Adult Business \Reso and Ord \070925 pc reso.doc O0 c0 r, EXHIBIT A AMENDMENT OF THE MUNICIPAL CODE TITLE 17 ZONING. Title 17, Chapter 17.20 Uses by Zone, Section 17.20.060, Table 17.20.060 Permitted Uses in the Commercial and Industrial Zone, Section A.1. of the Moorpark Municipal Code is amended as shown below: Table 17.20.060 PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES [Blank] = Not permitted AP = Administrative Permit CUP = Conditional Use Permit NZC = No Zoning Clearance required TUP = Temporary Use Permit ZC = Permitted by Zoning Clearance Zones C -O C -1 CPD C- M -1 M -2 I C -2 OT A. Retail and Service Uses 1. Adult businesses when in compliance with ZC ZC sections 17.24.040N, section 17.28.050 and Chapter 5.18 The remainder of Table 17.20.060 remains unchanged. EXHIBIT B SECTION 17.24.040 N. Adult business minimum location requirements. In addition to meeting all requirements of section 17.28.050 and all requirements of chapter 5.18 of the Moorpark Municipal Code, an adult business may not be located: 1. Within 500 feet of any property zoned R -1, R -2, RPD, or any lot where there is an actual residential use whether inside or outside the city limits; and 2. Within 500 feet of any church, synagogue, mosque or other publicly recognized place of worship, whether inside or outside of the city limits; and 3. Within 500 feet of any public or private school or child care establishment, whether inside or outside the city limits; and 4. Within 500 feet of any public park or playground, or any city facility including but not limited to city hall, the city library, and any police or fire station; and 5. Within 500 feet of any property operating a business with a Type 40, 42, 48 or 61 on -site alcoholic beverage license; and 6. Within 1000 feet of any other adult business whether inside or outside the city limits. The distances specified in this subsection will be measured in a straight line, without regard to intervening structures, from the nearest point of the premises in which the proposed adult business is to be established to the nearest property line of a use or zoning classification listed above. EXHIBIT C SECTION 17.28.050 ADULT BUSINESS PERMIT A. Intent. The intent of this chapter is to regulate adult businesses which, unless closely regulated, may have serious secondary effects on the community. These secondary effects include, but are not limited to: depreciation of property values, increases in vacancy rates in residential and commercial areas, increases in incidences of criminal activity and police service calls, increases in noise, litter and vandalism and the interference with property owners' enjoyment of their property in the vicinity of such businesses. It is neither the intent nor effect of this section to impose limitations or restrictions on the content of any communicative material. Similarly, it is neither the intent nor effect of this section to restrict or deny access by adults to sexually oriented materials, or to deny access by the distributors or exhibitors of sexually oriented entertainment to their intended market. Nothing in this section is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any city ordinance or any law of the State of California regarding public nuisances, unlawful exposure, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof. B. Definitions. As used in this section: "Adult arcade" means any business establishment or concern containing coin or slug operated or manually or electronically controlled still, motion picture or video machines, projectors, or other image producing devices that are maintained to display images to an individual when those images are distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. Such devices are referred to as "adult arcade devices." "Adult bookstore" means any establishment, which as a regular and substantial course of conduct, displays or distributes sexually oriented merchandise, books, periodicals, magazines, photographs, drawings, sculptures, motion pictures, videos, slides, films, or other written, oral or visual representations which are distinguished or characterized by an emphasis on a matter depicting, describing or relating to specified sexual activities or specified anatomical areas. "Adult booth /individual viewing area" means a partitioned or partially enclosed portion of an adult business used for any of the following purposes: 1. Where a live or taped performance is presented or viewed, where the performances or images displayed or presented are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas; 2. Where adult arcade devices are located. "Adult business" means any business establishment or concern which as a regular and substantial course of conduct performs or operates as an adult arcade, adult bookstore, adult cabaret, adult model studio, adult motel or hotel, or adult theater. It also means any business establishment or concern which as a regular and substantial course of conduct sells or distributes sexually oriented merchandise or sexually oriented material; or any other business establishment or concern which as a regular and substantial course of conduct offers to its patrons products, merchandise, services or entertainment characterized by an emphasis on matters depicting, describing or relating to specified sexual activities or specified anatomical areas. "Adult business" does not include those uses or activities, the regulation of which is preempted by state law. "Adult cabaret" means a business establishment (whether or not serving alcoholic beverages) that features adult live entertainment. "Adult live entertainment" means any physical human body activity, whether performed or engaged in, alone or with other persons, including but not limited to singing, walking, speaking, dancing, acting, posing, simulating, wrestling or pantomiming, in which: 1. The performer (including but not limited to topless or bottomless dancers, go- go dancers, exotic dancers, strippers, or similar performers) exposes to public view, without opaque covering, specified anatomical areas, or 2. The performance or physical human body activity depicts, describes, or relates to specified sexual activities whether or not the specified anatomical areas are covered. "Adult model studio" means a business establishment which provides for any form of consideration, the services of a live human model, who, for the purposes of sexual stimulation of patrons, displays specified anatomical areas to be observed, sketched, photographed, filmed, painted, sculpted, or otherwise depicted by persons paying for such services. Adult model studio does not include any live art class or any studio or classroom which is operated by any public agency, or any private educational institution that is maintained pursuant to standards set by the Board of Education of the State of California. "Adult store" means any establishment, which as a regular and substantial course of conduct, displays or distributes sexually oriented merchandise or sexually oriented material. "Adult theater" means a business establishment or concern which, as a regular and substantial course of conduct, presents live entertainment, motion pictures, videos, digital video disks, slide photographs, or other pictures or electronically generated visual reproductions which is distinguished or characterized by the emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas. "Code compliance officer" means an officer or employee authorized by the governing body to enforce certain provisions of this section. "Director" means the community development director or the manager of the community development department of the city of Moorpark or the director's designee. "Establishment of an adult business" means any of the following: 1. The opening or commencement of any adult business as a new business; 2. The conversion of an existing business, whether or not an adult business, to any adult business, 000107 .11 3. The addition of any of the adult businesses defined herein to any other existing adult business; or 4. The relocation of any such adult business. "Lap dance" includes chair dancing, couch dancing, straddle dancing, table dancing, and means an employee or independent contractor of an adult business intentionally touching any patron while engaged in adult live entertainment. "On -site manager" means any person designated by the owner as responsible for the day -to -day on -site operation of the adult business. "Operate an adult business" means the supervising, managing, inspecting, directing, organizing, controlling or in any way being responsible for or in charge of the premises of an adult business or the conduct or activities occurring on such premises. "Operator" means a person who supervises, manages, inspects, directs, organizes, controls or in any other way is responsible for or in charge of the premises of an adult business or the conduct or activities occurring on such premises. "Owner" means all persons having a direct or indirect investment in an adult business; provided, however, where such investment is held by a corporation, for the purposes of this section, each officer and director of a corporation and each stockholder holding more than five percent (5 %) of the stock of such corporation is deemed to be an owner. "Performer" means a person who is an employee or independent contractor of an adult business or any other person who, with or without any compensation or other form of consideration, provides adult live entertainment for patrons of an adult business. "Person" means any individual, firm, association, partnership, limited liability company, corporation or other form of legal entity. "Permittee" means any of the following: 1. The sole proprietor of an adult business; 2. Any general partner of a partnership that owns and operates an adult business; 3. The owner of a controlling interest in a corporation or limited liability company that owns and operates an adult business; or 4. The person designated by the officers of a corporation or the members of an limited liability company to be the permit holder for an adult business owned and operated by the entity. "Police chief' means the chief of the city of Moorpark police department or the police chief's designee. "Sexually oriented material" means any element of sexually oriented merchandise, or any book, periodical, magazine, photograph, drawing, sculpture, motion picture film, video, or other written, oral or visual representation which, for purposes of sexual arousal, provides depictions which are characterized by an emphasis on matter depicting, describing or relating to specific sexual activities or specified anatomical areas. "Sexually oriented merchandise" means sexually oriented implements and paraphernalia including but not limited to: dildos, auto sucks, sexually oriented vibrators, edible underwear, benwa balls, inflatable orifices, anatomical balloons with orifices, simulated and battery operated vaginas, and similar sexually oriented devices which are designed or marketed primarily for the stimulation of human genital organs or sado- Q+C� -r masochistic activity or which are characterized by an emphasis on matter depicting, describing or relating to specific sexual activities or specified anatomical areas. "Specified anatomical areas" means: 1. Less than completely and opaquely covered human genitals; pubic region; buttocks, or female breast below a point immediately above the top of the areola; or 2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. "Specified sexual activities" means: 1. Fondling or touching of nude human genitals, pubic region, buttocks or female breast; 2. Human sex acts, actual or simulated, including intercourse, oral copulation or sodomy; 3. Acts of human masturbation, sexual stimulation or arousal;, actual or simulated, 4. Human genitals in a state of sexual stimulation or arousal; 5. Use of human or animal ejaculation 6. Masochism, erotic or sexually oriented torture, beating, or the infliction of pain, or bondage, or restraints; or 7. Excretory functions as part of, or in connection with, any of the activities listed in (1) to (7) of this definition. C. Permit required. It is unlawful for any person to establish or operate any adult business within the city without first obtaining, and continuing to maintain in full force and effect, an adult business permit and a business registration from the city. The adult business permit will be subject to the development and operational standards of this section, section 17.24.040N and the regulations of the zoning district in which the business is located. D. Application submittals. 1. Application. Any person desiring to obtain an adult business permit must submit an application to the community development department on form(s) provided by the city. The application must contain, at a minimum, the following information regarding the owners and the following items: a. Name and address of all owners of the proposed adult business, collectively referred to hereafter as the "applicant." b. The previous residential addresses of all individual owners, if any, for a period of 5 years immediately prior to the date of filing the application and the dates of residence at each address. c. Written proof that all individual owners are at least 18 years of age. d. A five (5) year history of the applicant from the date of the application, as to the operation of any adult business or similar business or occupation. A statement as to whether or not such applicant, in operating an adult business under a permit or license, has had such permit or license revoked or suspended and the reasons therefore. e. All criminal convictions or offenses described in Section 17.28.050F2k of the applicant, and whether the applicant is required to register under the provisions of Section 290 of California Penal Code or Section 11590 of the California Health and Safety Code. 0 (4 v?' 01 ".1" f. Written authorization giving the city, its agents and employees authorization to seek information and conduct an investigation into the truth of the statements set forth in the application and the qualifications of the applicant for the permit. g. The height, weight, and color of eyes and hair of all applicants. h. Fingerprints and two (2) prints of a recent passport-size photograph of all applicants. i. Business, occupation or employment history of the applicants for the five (5) years immediately preceding the date of the application. j. A nonrefundable deposit or fee as set forth by city council resolution. k. A narrative description of the proposed business explaining how such business complies or will comply with the applicable development and operational standards specified in this section and section 17.24.040N. I. A site plan showing the building or unit proposed for the adult business, the distance required by section 17.24.040N of the surrounding area and a fully dimensioned interior floor plan showing how the business complies or will comply with the applicable development and operational standards specified in this section. The site plan and interior floor plan need not be professionally prepared, but must be drawn to a designated engineering or architectural scale to an accuracy of plus or minus 6 inches. m. A photometric plan, in accordance with chapter 17.30, Lighting Regulations of the City of Moorpark Municipal Code for all outdoor areas including parking areas. n. If the applicant is a partnership, limited liability company or corporation, documentary proof that such entity was duly formed, and is authorized to do business and is in good standing in the state of California. o. The fictitious name, if any, of the adult business, together with documentary proof of registration of the fictitious name. p. If the applicant does not own the lot or parcel on which the adult business will operate, the property owner or lessor of the premises, as applicable, must consent to the filing of the application by signing and dating the application. If the property owner or lessor is more than one natural person, one such person must sign the application. If the property owner or lessor is a legal entity, a general partner, officer, director, member or other authorized person thereof must sign the application. q. A statement in writing and dated by the applicant certifying under penalty of perjury that the information contained in the application is true and correct. If the applicant is one or more natural persons, one such person must sign the application under penalty of perjury. If the applicant is a partnership, limited liability company or corporation, a general partner, officer, director or member of the entity must sign the application under penalty of perjury. r. Such other information as the director may reasonably deem necessary. 2. Determination of completeness. The director will determine whether the application contains all the information and items required by the provisions of this section. If it is determined that the application is not complete, the applicant will be notified in writing within five (5) business days of the date of receipt of the application that the application is not complete and the reasons therefor, including any additional information necessary to render the application complete. The applicant will have thirty (30) business days to submit additional information to render the application complete. If within the thirty (30) business day period the applicant has not submitted the requested information the 001(30Rr�, application will be void. Within five (5) business days following the receipt of an amended application or supplemental information, the director will again determine whether the application is complete in accordance with the procedures set forth in this subsection. Evaluation and notification will occur as provided above until such time as the application is found to be complete or the application is withdrawn. The applicant will be notified within five (5) business days of the date of the application is found to be complete (hereafter "application date "). All notices required by this section will be deemed given upon the date any such notice is either deposited in the United States mail or the date upon which personal service of such notice is provided. E. Review of application. 1. The director will promptly cause the investigation of the application and within thirty (30) business days of the application date, either issue the permit or send by certified mail a written statement to the applicant setting forth the reasons for denial of the permit. If the director has not issued a decision on the application within thirty (30) business days of the application date, the application will be deemed approved, subject to an appeal under section 17.28.050M. 2. The director may deny the permit for any of the following reasons: a. An applicant has made one or more material misstatements in the application; b. The adult business, if permitted, will not comply with all applicable laws, including, but not limited to, the zoning, building, health, housing and fire codes of the city; c. An applicant has pled guilty, nolo contendere or been convicted within three (3) years of the application date of an offense specified in section 17.28.050F2k; d. An applicant or any operator has had a permit or license for an adult business denied, revoked or suspended for cause by any city, county or state within three (3) years of the application date; e. An applicant is under 18 years of age; f. The applicant failed to pay the filing fee required by this section. If the permit is denied, the director must state in writing the reasons for the denial and in the notice to the applicant must reference the applicant's right to an appeal under Section 17.28.050M. 3. The decision of the director to issue or deny a permit will be final unless an appeal is timely filed under Section 17.28.050M. F. Development and operational standards. 1. Development standards. a. Zoning compliance. The building in which an adult business is located must comply with all applicable setbacks and parking requirements of the applicable zoning district. b. Exterior lighting. All exterior areas, including parking lots regardless of the number of required parking spaces, of the adult business must be in compliance with chapter 17.30, Lighting Regulations of the Moorpark Municipal Code. Inoperable or broken lights must be replaced within 24- hours. c. Sound. The premises within which the adult business is located must provide sufficient sound - absorbing insulation so that noise generated inside such premises will not be audible anywhere on any adjacent property or public right -of -way or within any ©0C01a�r other building or other separate unit within the same building and shall be in compliance with chapter 17.53. Noise of the Moorpark Municipal Code. d. No minors. The building entrance to an adult business must be clearly and legibly posted with a notice indicating that persons under 18 years of age are precluded from entering the premises. Such notice must be constructed and posted to the satisfaction of the director and in compliance with chapter 17.40 Sign Regulations of the Moorpark Municipal Code. Persons under the age of 18 years may not be permitted within the premises at any time. e. Open indoor areas. All indoor areas within which patrons are permitted, except restrooms, must be open to view at all times. Adult booths and individual viewing areas are prohibited. f. Restrooms. Separate restroom facilities must be provided for male patrons and employees, and female patrons and employees. Male patrons and employees are prohibited from using any restroom for females, and female patrons and employees are prohibited from using any restroom for males, except to carry out duties of repair, maintenance and cleaning of the restroom facilities. The restrooms must be free from any sexually oriented material. Restrooms may not contain television monitors or other motion picture or video projection, recording or reproduction equipment. This subsection does not apply to an adult business which deals exclusively with the sale or rental of sexually oriented material which is not used or viewed on the premises, such as an adult bookstore or adult video store, and which does not provide restroom facilities to its patrons or the general public. g. Residential conversions prohibited. Residential structures may not be converted for use as an adult business. h. Portable structures prohibited. Adult business may not be located in any temporary or portable structure. 2. Operational standards. a. Hours. Adult business may not operate or be open for business between the hours of 2:00 a.m. and 9:00 a.m., except for an adult hotel or motel. b. Employment of minors prohibited. An owner or operator of any adult business may not employ or permit to be employed any person who is not at least 18 years of age. c. Presence of minors on premises prohibited. An owner or operator of an adult business may not allow or permit any person under the age of 18 years to enter, be in or remain in any such business. Operators must determine the age of persons who enter the premises by checking the driver's license or other authorized identification of such person. d. Screening of interior of premises and display of sexually oriented materials. No adult business may be operated in any manner that permits the observation of any material or activities depicting, describing or relating to specified sexual activities or specified anatomical areas from any public way or from any location outside the building or area of such establishment. This provision applies to any display, decoration, sign, show window or other opening. No exterior door or window on the premises may be propped or kept open at any time while the business is open, and any exterior windows must be covered with opaque covering at all times or otherwise screened to prevent a view of the interior in a manner approved by the director. 0 0(0- e. Alcoholic beverages prohibited. Alcoholic beverages may not be served, consumed or sold on the premises of an adult business. f. Interior lighting. All areas of the adult business must be illuminated at a minimum of the following foot - candles, minimally maintained and evenly distributed at ground level: Area Foot - Candles Stores and other retail establishments 20 Theaters and cabarets 5 (except during performances, at which times lighting must be at least 1.25 foot candles. Arcades 10 Motels /hotels 20 in public areas) FlModeling studios 20 g. On -site manager -- security measures. 1. On -site manager. All adult businesses must have a responsible person who is over the age of 18 and is on the premises to act as manager at all times during which the business is open. Performers may not serve as a manager. The name of any individual designated as the on -site manager must be provided to the director in order to receive all complaints and be given the responsibility and duty by the owner or operator to address and immediately resolve all violations of law taking place on the premises. 2. Adult businesses must employ state licensed uniformed security guards in order to maintain the public peace and safety, based upon the following standards: i. Adult businesses featuring adult live entertainment and performers must provide at least 1 security guard at all times while the business is open. If the occupancy limit of the premises is greater than thirty -five (35) persons, an additional security guard must be on duty. ii. Security guards for other adult businesses may be required if it is determined by the police chief that their presence is necessary in order to prevent any of the conduct listed in this section from occurring on the premises. 3. Security guards will have a duty to prevent violations of law and enforce compliance by patrons of the requirements of these regulations. Security guards must be uniformed in such a manner so as to be readily identifiable as a security guard by the public and must be duly licensed as a security guard as required by applicable provisions of state law. No security guard required under this subsection may act as a door person, ticket seller, ticket taker, admittance person, performer or sole occupant of the manager's station while acting as a security guard. h. Adult live entertainment -- additional operating regulations. The following additional requirements apply to adult businesses providing adult live entertainment: 1. A person may not perform adult live entertainment for patrons of an adult business except upon a permanently fixed stage at least eighteen inches (18 ") above the level of the floor, and surrounded by a three foot (3) high barrier or by a fixed rail at least thirty inches (30 ") in height. A distance of at least six feet (6), measured horizontally, must be maintained between patrons and performers at all times during which a performer is revealing specified anatomical areas or depicting or engaging in specified sexual activities. Patrons may not be permitted on the stage while the stage is occupied by a performer. This provision does not apply to an individual viewing area where the O 4 6G0 performer is completely separated from the area in which the performer is viewed by an individual by a permanent floor to ceiling, solid barrier. 2. A performer may not have physical contact with any patron, and patrons may not have physical contact with any performer, while the performer is performing on the premises. In particular, a performer may not have physical contact with a patron and a patron may not have physical contact with a performer, which physical contact involves the touching of the clothed or unclothed genitals, pubic area, buttocks, cleft of the buttocks, perineum, anal region, or female breast with any part or area of any other person's body either before or after any adult live entertainment by such performer. This prohibition does not extend to incidental touching. Patrons must be advised of the no touching requirements by signs conspicuously displayed and placed on the barrier between patrons and performers and utilizing red or black printing of letters not less than one inch (1") in size. If necessary, patrons must also be advised of the no touching requirements by employees or independent contractors of the establishment. 3. All employees and independent contractors of the adult business, except performers while performing on the fixed stage as provided in subparagraph 1 above, while on or about the premises, must wear at a minimum an opaque covering which covers their specified anatomical areas. 4. If patrons wish to pay or tip performers, payment or tips may be placed in containers placed at least six feet (6) from the stage used by the performers. Patrons may not throw money to performers, place monies in the performers' costumes or otherwise place or throw monies on the stage. Patrons must be advised of this requirement by signs conspicuously displayed and placed on the barrier between patrons and performers and utilizing red or black printing of letters not less than one inch (1 ") in size. 5. The adult business must provide dressing rooms for performers, that are separated by gender and exclusively dedicated to the performers' use and which the performers must use. Same gender performers may share a dressing room. Patrons are not permitted in dressing rooms. 6. The adult business must provide an entrance /exit to the establishment for performers that are separate from the entrance /exit used by patrons, and the performers must use this entrance /exit at all times. 7. The adult business must provide access for performers between the stage and the dressing rooms that is completely separated from the patrons. If such separate access is not physically feasible, the adult business must provide a minimum three foot (3') wide walk aisle for performers between the dressing room area and the stage, with a railing, fence or other barrier separating the patrons and the performers capable of (and which actually results in) preventing any physical contact between patrons and performers. The patrons must remain at least three feet (3') away from the walk aisle. Nothing in this section is intended to exempt the adult business from compliance with the provisions of Title 24 of the California Code of Regulations pertaining to handicapped accessibility. i. Adult theater -- Additional operating requirements. The following additional requirements apply to adult theaters: 1. If the theater contains a hall or auditorium area, the area must comply with each of the following provisions: 0 0 C i. Have individual, separate seats, not couches, benches, or the like, to accommodate the maximum number of persons who may occupy the hall or auditorium area; ii. Have a continuous main aisle alongside the seating areas in order that each person seated in the hall or auditorium area is visible from the aisle at all times; iii. Have a sign posted in a conspicuous place at or near each entrance to the hall or auditorium area which lists the maximum number of persons who may occupy the hall or auditorium area, which number may not exceed the number of seats within the hall or auditorium area; and iv. If an adult theater is designed to permit outdoor viewing by patrons seated in automobiles, it must have the motion picture screen so situated, or the perimeter of the establishment so fenced, that the material to be seen by those patrons may not be seen from any public right -of -way, child day care facility, public park, school, or religious institution or any residentially zoned property occupied with a residence. j. No owner or operator of any adult business may have pled guilty, nolo contendere or been convicted within the past three (3) years of any of the following offenses or convicted of an offense outside the state of California that would have constituted any of the following offenses if committed within the state of California: Sections 243.4, 261, 266a through 266j, inclusive, 267, 314, 315, 316, 318, or subdivisions (a), (b) and (d) of Section 647 of the California Penal Code; any offense requiring registration under provisions of either Section 290 of the California Penal Code or Section 11590 of the California Health and Safety Code; or any felony offense involving the possession, possession for sale, sale, transportation, furnishing, giving away, of a controlled substance specified in Section 11054, 11055, 11056, 11057 or 11058 of the California Health and Safety Code, as those sections may hereafter be amended. k. An owner, operator, employee or performer of an adult business may not personally solicit, or permit the personal solicitation of, motorists or pedestrians in the vicinity of the adult business. I. Every adult business must display at all times during business hours the permit issued pursuant to the provisions of this section for such adult business in a conspicuous place so that the permit may be readily seen by all persons entering the adult business. G. Prohibited conduct at adult businesses. 1. A person may not operate or cause to be operated an adult business knowingly, or with reason to know, permitting, suffering, or allowing any employee or independent contractor- i. To engage in a lap dance with a patron at the business. ii. To contract or otherwise agree with a patron to engage in a couch dance, lap dance, or straddle dance with a person at the business. iii. To intentionally touch any patron at an adult business while engaged in the display or exposure of a specified anatomical area or engaged in or simulating a specified sexual activity. iv. To voluntarily be within six feet (6') of any patron while engaged in the display or exposure of any specified anatomical area or engaged in or simulating a specified sexual activity. 00(10Cello v. To solicit or request any gratuity, pay, or any other form of consideration from a patron on the premises of the adult- oriented business while engaged in the display or exposure of any specified anatomical area or engaged in or simulating a specified sexual activity. 2. Persons at any adult business may not intentionally touch an employee or independent contractor who is displaying or exposing any specified anatomical area or engaging or simulating a specified sexual activity at the adult business. 3. Persons at any adult business may not engage in a couch dance, lap dance or straddle dance with an employee or independent contractor at the business who is displaying or exposing any specified anatomical area or engaging in or simulating a specified sexual activity. 4. Person may not directly pay, offer to pay, or otherwise seek to provide a gratuity, pay, or any other form of consideration to a performer at an adult- oriented business. Person may not use an intermediary, such as an employee or independent contractor to offer, provide, or otherwise pay a gratuity or other form of consideration to a performer at an adult- oriented business. 5. Employees or independent contractors of an adult business may not engage in a performance, solicit a performance, make a sale, provide a service, or solicit a service between the hours of 2 a.m. and 9 a.m. 6. Waiters or waitresses employed at an adult business may not appear on the premises thereof in the nude, seminude, or display or expose specified anatomical areas. H. Permit requirements -- effect of noncompliance. The requirements described in chapter 5.18.Adult Business Performer Permit are conditions of an adult business permit, and the failure to comply with any applicable requirement is grounds for revocation of the permit issued pursuant to this section. I. Permit duration. An adult business permit will be valid for a period of one (1) year from the date of issuance. J. Permit renewal.. An adult business permit must be renewed on an annual basis, provided that the permittee and the adult business continues to meet all applicable requirements set forth in this section. A request for permit renewal must be accompanied by an adult business permit application, completed in full detail with current information. The application and appropriate fee must be received by the city at least forty (45) calendar days prior to the expiration of the existing permit. The city will process a request for a permit renewal in the same manner as the original application. K. Permit transferability. Adult business permits may not be sold, transferred, or assigned by any permittee, or by operation of law, to any other person unless and until the transferee obtains an amendment to the permit from the director stating that the transferee is now the permittee. Such an amendment may be obtained only if the transferee files an application with the director in accordance with section 17.28.050D (including payment of the applicable application fee), and the director determines in accordance with section 17.28.050E that the transferee would be entitled to the issuance of the original permit. Without such amendment to the permit, any other purported sale, transfer, or assignment or attempted sale, transfer, or assignment will be deemed to constitute a voluntary surrender of the permit and thereafter the permit will be null and void. An adult business permit held by a corporation, partnership or 00(7p0C. limited liability company is subject to the same rules of transferability. An adult business permit will be valid only for the exact location specified in the permit. L. Enforcement and revocation. 1. Inspections. All code compliance officers have the right to enter the premises of an adult business from time to time during regular business hours to make reasonable inspections, to observe and enforce compliance with building, fire, electrical, plumbing or health regulations, and to ascertain whether there is compliance with the provisions of this section. 2. Revocation grounds. The director may revoke an adult business permit when: i. Any of the applicable requirements of this section ceases to be satisfied; or ii. The application is discovered to contain incorrect, false or misleading information; or iii. An owner has pled guilty, nolo contendere or been convicted of a felony or misdemeanor occurring upon, or relating to the premises or lot upon which the adult business is located, which offense is one of those listed in section 17.28.050F2k; or iv. Any operator, employee, agent or contractor of the permittee has pled guilty, nolo contendere or been convicted on two or more occasions within a 12 -month period of a felony or misdemeanor occurring upon, or relating to the premises or lot upon which the adult business is located, which offense is one of those listed in section 17.28.050F2k; or v. The permittee, operator or any employee, agent or contractor of the owner has knowingly allowed prostitution, or solicitation for prostitution, on the premises; or vi. The permittee, operator or any employee, agent or contractor of the owner has knowingly allowed the premises to be used as a place where a controlled substance has been illegally consumed, sold or exchanged; or vii. The adult business has been operated in violation of any of the requirements of this section and; (a) If the violation is of a continuous nature, the business continues to be operated in violation of such provision for more than 10 days following the date written notice of such violation is mailed or delivered to the permittee, or (b) If the violation is of a noncontinuous nature, 1 or more additional violations of the same provision, or 2 or more violations of any other of the provisions, of this section occur (regardless of whether notice of each individual violation is given to the permittee) within any 12 month period. 3. Revocation notice. Upon determining that grounds for permit revocation exist, the director will furnish written notice of the proposed revocation to the permittee. Such notice must summarize the principal reasons for the proposed revocation and state that the revocation will become effective on the 20th day after the notice was deposited in the U.S. mail, unless the permittee files an appeal under section 17.44.090. The notice must be delivered both by posting the notice at the location of the adult business and by sending the same, certified mail to the permittee as that name and address appears on the permit. M. Appeals. 1. Any interested person may appeal a decision of the director regarding an application or revocation of an adult business permit by filing with the city clerk a complete notice of appeal within fifteen (15) calendar days from the date notice of such decision is mailed. To be deemed complete, the appeal must be in writing, state the grounds for disagreement with the city manager's stated decision, include the address to which notice is to be mailed, be signed under penalty of perjury, and be accompanied by the filing fee established by city council resolution. 2. If an appeal is timely filed, the city council will at the next regularly scheduled city council meeting held more than five (5) calendar days after receipt of such notice of appeal, review the matter and determine whether the city council or a hearing officer will hear the appeal. 3. The city council or the hearing officer, as the case may be, must set a date, not less than five (5) calendar days, and not more than twenty -one (21) calendar days from the date such determination is made by the city council for the hearing of the appeal. The hearing may be continued for good cause. The hearing will be a de novo hearing on the action appealed from. 4. The hearing officer or city council will issue written findings and a decision within ten (10) calendar days of the conclusion of the hearing, and send notice of the decision by certified mail to the appellant. The notice of the decision must include reference to the appellant's right to prompt judicial review under California Code of Civil Procedure section 1094.8. 5. The action by the hearing officer or city council will be final unless timely judicial review is sought pursuant to California Code of Civil Procedure section 1094.8. N. Reapplication after denial or revocation. 1. Reapplication after denial. An applicant for a permit under this section whose application for such permit has been denied may not reapply for a permit for a period of one (1) year from the date such notice of denial may be deposited in the mail or received by the permittee, whichever occurs first. However, a reapplication prior to the termination of three (3) years may be made if accompanied by evidence that the ground or grounds for denial of the application no longer exists. 2. Reapplication after revocation. No person may obtain an adult business permit for three (3) years from the date any order of permit revocation affecting such person has become final. O. Violations. 1. Any owner, operator, permitee, employee or independent contractor of an adult business violating or permitting the violation of any of the provisions of this section regulating adult businesses will be subject to any and all civil remedies, including license or permit revocation. All remedies provided herein are cumulative and not exclusive. 2. In addition to the remedies set forth in subsection 1., any adult business that is operating in violation of these provisions regulating adult businesses is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation. 3. The regulations imposed under this section are part of a regulatory permitting process, and do not constitute a criminal offense. Notwithstanding any other provision of the Moorpark Municipal Code, the city does not impose a criminal penalty for violations of this section related to expressive activities. P. Regulations nonexclusive. The provisions of this section regulating adult businesses are not intended to be exclusive and compliance therewith will not excuse noncompliance with any other applicable regulations pertaining to the operation of businesses adopted by the city. 0eP,,0 - ITEM: 8.D. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission !' FROM: David Bobardt, Planning Director % Prepared by Barry K. Hogan, Deputy City Manager an4l Richard A. Diaz, Special Projects Coordinator DATE: August 8, 2007 (PC Meeting of 9/25/07) SUBJECT: Consider Zoning Ordinance Amendment 2007 -02 Amending Section 17.20.060 to Add Medical Marijuana Dispensaries as a Prohibited Use in All Commercial, Industrial and Institutional Zones, and to Revise Use Restrictions on Body Piercing and /or Tattoo Shops, Tobacco Stores, Including but not Limited to Cigarette, Cigar and Smoking Paraphernalia Shops, Pawnshops, Thrift Stores, Consignment Stores, Secondhand Shops, Clubhouses, Social Clubs, and Service Clubs in the Commercial, Industrial, and Institutional Zones. BACKGROUND The proposed Zoning Ordinance Amendment would change the Use Matrix in Section 17.20.060 of the Moorpark Municipal Code for medical marijuana dispensaries, body piercing and /or tattoo shops, secondhand shops, tobacco stores, and clubhouses. Medical Marijuana Dispensaries: Federal law prohibits, while California law allows, medical marijuana dispensaries. This conflict of law makes it unclear whether and how the City may regulate such facilities. It was for those reasons that Interim Urgency Ordinance No. 318 Prohibiting the Establishment and Operation of Medical Marijuana Dispensaries was passed and adopted on July 20, 2005. The Interim Urgency Ordinance expired on June 4, 2007. At least fifty -four (54) cities in the State of California and three (3) counties prohibit or heavily regulate the establishment and operation of medical marijuana dispensaries. Body Piercing and /or Tattoo Shops, Pawnshops, Thrift Stores, Consignment Stores, and Secondhand Shops: On December 7, 2005, the City Council passed Ordinance 330 extending the moratorium on the establishment of adult businesses, massage establishments, body piercing and tattoo shops, second hand dealers and pawnshops. This ordinance will expire on October 23, 2007. This report addresses the concerns with SACommunity Development\DEV PMTS\Z 0 A\2007 \02 Medical Marijuana\Agenda Reports \070925 pc agenda rpt.doc 0 0 (1104 7 �-, Honorable Planning Commission September 25, 2007 Page 2 body piercing and tattoo shops, secondhand shops and pawnshops through amendments to the Use Matrix in Section 17.20.060 of the Moorpark Municipal Code. Adult businesses and massage establishments will be addressed through a separate ordinance.. Tobacco Stores, Including but not Limited to Cigarette, Cigar and Smoking Paraphernalia Shops, Clubhouses, Social Clubs, and Service Clubs: Because the above items all involve amending the Use Matrix in the commercial and industrial zones (Section 17.20.060), staff has included these unrelated items together for consideration to keep the Use Matrix up to date. DISCUSSION Medical Marijuana Dispensaries: In 1996, the voters of the State of California approved Proposition 215, which was codified as Health and Safety Code Section 11362.5, et seq., and entitled the Compassionate Use Act of 1996 ( "the Act "). The intent of Proposition 215 was to enable persons who are in need of medical marijuana for medical purposes to obtain and use it under limited, specified circumstances. On January 1, 2004, SB 420 went into effect. SB 420 was enacted by the Legislature to clarify the scope of the Act and to allow cities and counties to adopt and enforce rules and regulations consistent with SB 420 and the Act. Numerous cities in California have adopted ordinances prohibiting or heavily regulating such dispensaries. Currently, in Ventura County, only the City of Simi Valley (adopted January 18, 2007) prohibits the establishment and operation of medical marijuana dispensaries. Including Simi Valley, fifty -four (54) cities in the California and three (3) counties prohibit or heavily regulate the establishment and operation of medical marijuana dispensaries; twenty -six (26) cities and eight (8) counties have ordinances regulating the establishment and operation of medical marijuana dispensaries; and, seventy -five (75) cities and seven (7) counties have moratoriums preventing the establishment and operation of medical marijuana dispensaries. Of the seventy -five cities with moratoriums, only the City of Moorpark, from the County of Ventura is listed as having a moratorium (Moorpark's moratorium expired on June 4, 2007). Former California Attorney General Bill Lockyer partially addressed this issue in his opinion dated July 23, 2005. "...The statewide registry and identification card program for medical marijuana users preempts the operation of a city's own registry and identification card program, but a city may adopt and enforce other ordinances consistent with the statewide program..." This then allows for cities and counties to adopt ordinances prohibiting or heavily regulating the establishment and operation of medical marijuana dispensaries. The proposed amendment would add "Medical Marijuana Dispensaries" to the Use Matrix Table in Section 17.20.060 as a prohibited use in all commercial, industrial and institutional zones as a new number A, 11, after Massage. 0 C!('0 `' Honorable Planning Commission September 25, 2007 Page 3 Body Piercing and /or Tattoo Shops: Although none currently exist in Moorpark, body piercing and /or tattoo establishments are allowed, subject to a conditional use permit in the CPD (Commercial Planned Development), C -2 (General Commercial) and the M -1 (Industrial Park) zones. This proposed amendment would be to prohibit the use in the M -1 zone, which is intended for business park -type uses. Pawnshops, Thrift Stores, Consignment Stores, and Secondhand Shops: Currently these uses are listed together under one use category and allowed subject to an Administrative Permit (approval by the Director) in the C -2 (General Commercial) and CPD (Commercial Planned Development) zones and subject to a Conditional Use Permit in the C -OT (Old Town Commercial) zone. While it is appropriate to continue to allow for the thrift shops and consignment stores in the C -OT zone, allowance of pawnshops is not appropriate. The Municipal Code has specific requirements in Title 5 for these uses which require police clearance and reporting due to the nature of theses uses and the potential for the resale of stolen goods. To prohibit pawnshops in the C -OT zone but still allow for thrift shops and consignment stores, the uses need to be split. This amendment would allow for pawnshops in only the C -2 and CPD zone subject to approval of an Administrative Permit and for thrift shops and consignment stores in the C -2, CPD, and the C -OT zones subject to approval of an Administrative Permit. Tobacco Stores, Including but not Limited to Cigarette, Cigar and Smoking Paraphernalia Shops: Cigar and cigarette stores are currently permitted with a zoning clearance in the C -1 (Neighborhood Commercial), C -2 (General Commercial), CPD (Commercial Planned Development), and C -OT (Old Town Commercial) zones. Because tobacco stores sometimes carry smoking paraphernalia that may be used illegally, staff is recommending requiring Conditional Use Permits for such uses and only allowing them in the C -2 and CPD zones. This would allow for appropriate conditions to regulate these uses and reduce potential criminal activity. Clubhouses, Social Clubs, and Service Clubs: Clubhouses are currently allowed with an Administrative Permit in all commercial zones and in the M -1 (Industrial Park) zone. A Conditional Use Permit is required if within 100 feet of residentially zoned property. Staff is recommending restricting the uses to the M -1 and I (Institutional) zones and requiring Conditional Use Permits, regardless of distance from residential zones. This would match the current regulations for places of religious worship, ensuring that similar uses are treated equally by the Zoning Ordinance. Exhibit A attached to the Planning Commission resolution shows the proposed amendment in the highlighted portion of the text. PROCESSING TIME LIMITS Since this ordinance amendment was initiated by the City, the processing time limits under the Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the oero"' Honorable Planning Commission September 25, 2007 Page 4 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) are not applicable. 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 qualify for a General Rule Exemption in accordance with Section 15061 of California Code of Regulations (CEQA Guidelines). No further environmental documentation is required. STAFF RECOMMENDATION Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC -2007- recommending to the City Council approval of Zoning Ordinance Amendment 2007 -02. ATTACHMENTS: Draft PC Resolution with Permitted Uses in Commercial and Industrial Zones RESOLUTION NO. PC -2007 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF ZONING ORDINANCE AMENDMENT ZOA 2007 -02 AMENDING SECTION 17.20.060 TO ADD MEDICAL MARIJUANA DISPENSARIES AS A PROHIBITED USE IN ALL COMMERCIAL, INDUSTRIAL AND INSTITUTIONAL ZONES, AND TO REVISE USE RESTRICTIONS ON BODY PIERCING AND /OR TATTOO SHOPS, TOBACCO STORES, INCLUDING BUT NOT LIMITED TO CIGARETTE, CIGAR AND SMOKING PARAPHERNALIA SHOPS, PAWNSHOPS, THRIFT STORES, CONSIGNMENT STORES, SECONDHAND SHOPS, CLUBHOUSES, SOCIAL CLUBS, AND SERVICE CLUBS IN THE COMMERCIAL, INDUSTRIAL, AND INSTITUTIONAL ZONES. WHEREAS, at its meeting of September 25, 2007, the Planning Commission conducted a duly- noticed public hearing on Zoning Ordinance Amendment 2007 -02 amending Section 17.20.060 to add medical marijuana dispensaries as a prohibited use in all commercial, industrial and institutional zones, and to revise use restrictions on body piercing and /or tattoo shops, tobacco stores, including but not limited to cigarette, cigar and smoking paraphernalia shops, pawnshops, thrift stores, consignment stores, secondhand shops, clubhouses, social clubs, and service clubs in the commercial, industrial, and institutional zones, received public testimony on the proposed amendments, and after receiving oral and written public testimony, closed the public hearing and reached a decision; and WHEREAS, California cities that have permitted the establishment of medical marijuana dispensaries have found that such dispensaries have resulted in negative and harmful secondary effects, such as an increase in crime, including robberies, burglaries, and sales of illegal drugs in the areas immediately surrounding medical marijuana dispensaries; and WHEREAS, the Planning Commission concurs with the Community Development Director's determination that this project is exempt from the provisions of the California Environmental Quality Act by the general rule that CEQA only applies to projects that may have a significant effect on the environment. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: 1 \mor_pri_servlCity Share \Community Development\DEV PMTS\Z O A \2007 \02 Medical Marijuana \Reso and Ord \070925 PC Reso.doc 0 (' "f PC ATTACHMENT 1 Resolution No. PC -2007- Page 2 SECTION 1. The Planning Commission recommends to the City Council approval of Zoning Ordinance Amendment 2007 -02 amending Section 17.20.060 as shown in Exhibit A attached. The action of the foregoing direction was approved by the following vote: AYES: NOES: ABSTAIN: ABSENT: PASSED, AND ADOPTED this th day of , 2007. Mark Taillon, Chair David A. Bobardt Planning Director 0 0 4 `;' EXHIBIT A Table 17.20.060 PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES [Blank] = Not permitted AP = Administrative Permit CUP = Conditional Use Permit NZC = No Zoning Clearance required TUP = Temporary Use Permit ZC = Permitted by Zoning Clearance Zones C -O C -1 CPD C -OT M -1 M -2 I C -2 A. Retail and Service Uses 1. Adult businesses CUP CUP 2. Alcoholic beverage sales for off -site consumption when in conjunction with another city- approved retail or service use other than automobile service station or liquor store a. Beer and /or wine ( *if within one hundred CUP AP* AP* AP* AP* (100) feet of a residentially zoned property a conditional use permit is required) b. Beer, wine and other alcoholic beverages CUP CUP CUP CUP CUP 3. Automobile/light truck/motorcycle a. Brakes, oil changes, tires and shock sales CUP AP* AP* AP* and installation, tune -ups and other light service and repair (with or without hydraulic lifts) ( *if within one hundred (100) feet of a residentially zoned property a conditional use permit is required) b. Car washes, self - service or automatic with or CUP CUP without automotive services stations c. Engine rebuilding, transmission repair, steam CUP CUP cleaning, auto body, painting d. Parts and supplies ZC ZC ZC ZC e. Rental AP AP AP f. Sales, with or without service and parts CUP CUP CUP g. Service stations with or without mini -marts CUP CUP and with or without beer and wine sales for off - site consumption 4. Body piercing and/or tattoo CUP 5. Building supplies ( *if within one hundred AP* CUP CUP (100) feet of a residentially zoned property a conditional use permit is required) 6. Hay and feed sales CUP CUP 7. Hotels, motels and bed - and - breakfast inns CUP CUP CUP CUP when in compliance with Chapter 5.44 8. Kennels and catteries CUP CUP 9. Liquor stores (when located no closer than CUP CUP CUP one thousand (1,000) feet of any other liquor store or public or private school 10. Massage, therapeutic when in compliance AP AP AP with Chapter 5.48 0000°x, 3 11. Medical Marijuana (cannabis and all parts of that plant) Dispensaries including any site, facility, location, use, cooperative or business which distributes, sells, exchanges, processes, delivers, gives away, or cultivates marijuana for medical purposes to qualified patients, health care providers, patients' primary caregivers, or physicians pursuant to Proposition 215, Health & Safety Code § 1'1362.5 et seq. or any State regulations adopted in furtherance thereof. 12. Nurseries (retail) with or without container AP grown plants when all equipment and supplies kept in an enclosed area 13. Nurseries (wholesale and /or retail) with or AP without container grown plants when all equipment and supplies kept in an enclosed area 14. Pawnshops when in compliance with AP Chapter 5.32 15. Pest control services ( *if within one hundred AP* AP* (100) feet of a residentially zoned property a conditional use permit is required) 16. Private post offices, parcel services, copy ZC ZC ZC ZC centers 17. Psychics, fortunetelling, and spiritual CUP advisors when in compliance with Title 5 of the Moorpark Municipal Code 18. Recreational vehicle storage yards when CUP not located on parcels adjacent to Arterial Roads or Freeways as shown on the Moorpark Circulation Element Highway Network Map and with or without a caretaker dwelling 19. Recycling centers CUP CUP CUP 20. Recycling drop -off bins when located in an ZC ZC ZC ZC ZC ZC area determined by the community development director not to be in conflict with parking, vehicle or pedestrian circulation 21. Rental and leasing of large equipment with AP* AP* or without outdoor storage and repair ( *if within one hundred (100) feet of a residentially zoned property a conditional use permit is required) 22. Retail shops and services, except as ZC ZC ZC otherwise indicated in this table, including, but not limited to antiques, art and craft dealers and supplies, bakeries, barbers, beauty salons, bicycle sales /service, books and stationery, camera /photo stores including on -site processing, carpet and flooring sales/cleaning/installation, clothing and fabric stores, computer sales and service, department and variety stores, dry cleaners, electronic equipment sales and service, florists, food markets, gift and novelty stores, hardware and tool stores, home and office furniture and equipment sales, home appliance sales and service, housewares sales, jewelry stores, key and locksmiths, music stores (including recorded music and musical instrument sales, service, and -lessons),' newsstands, paint stores, party supply sales and rental, pet grooming, pet sales and supplies, pharmacies, photography studios, pool and spa sales and supplies, shoe stores, sporting goods and equestrian supplies, small equipment rental (no outdoor storage), toy and hobby stores, video /DUCT /CD sales and rental, wireless sales/service, and uses which the community development director determines to be similar when in compliance with Section 17.20.030 23. Retail sales combined with limited AP* distribution and/or warehousing not exceeding forty percent (40%) of gross floor area of the building in which it is located (*if within one hundred (100) feet of a residentially zoned property a conditional use permit is required) 24. Retail sales in the M-1 and M-2 zone limited AP AP to a maximum of twenty percent (20%) of the gross floor area of the building in which it is located. In an industrial complex the twenty percent (20%) shall be computed on the basis of the cumulative total floor area of the industrial planned development (IPD) 25. Retail sales (temporary) in the M-1 and M-2 TUP TUP zones. Issuance of a temporary use permit shall take the place of a zoning clearance. 26. Thrift stores, secondhand shops AP AP consignment stores when in compliance with Chapter 5.32 27. Tobacco stores, including but not limited to CUP Cigarette, Cigar, and Smoking Paraphernalia Shops B. Eating and Drinking Places 1. Bars with or without entertainment including, CUP CUP CUP CUP but not limited to cocktail lounges! cabarets 2. Breweries, micro breweries, wineries/tasting CUP CUP CUP CUP rooms with or without restaurant and with or without outdoor seating and with or without entertainment 3. Restaurants and similar establishments engaged primarily in the retail sale of prepared food for on-site or off-site consumption in accordance with the restrictions below: a. With or without entertainment and with or AP* AP* AP* AP* AP* without on-site consumption of beer and wine and other alcoholic beverages and with or without outdoor seating (*if within one hundred (100) feet of a residentially zoned property a conditional use permit is required) b. With drive-in or drive-through facilities (sale CUP CUP CUP CUP CUP of alcoholic beverages from the drive-in or I 0 0 Of 0 drive - through facilities is prohibited) with or without outdoor seating C. Office and Professional Uses 1. Banks and other financial institutions ZC ZC ZC ZC AP AP 2. Laboratories: research and scientific AP AP AP 3. Professional and administrative offices, ZC ZC ZC ZC ZC ZC including, but not limited to: accounting, advertising agencies, chiropractic, collection services; dental, direct mail marketing companies, employment agencies, engineering services insurance, investment, medical, optical and related health services; planning services, real estate services; secretarial services, travel agencies, and uses which the community development director determines to be similar when in compliance with Section 17.20.030 4. Veterinary offices and animal hospitals a. Without boarding (keeping of animals indoors AP AP AP AP AP AP and on -site for medical purposes shall not be considered boarding b. With boarding indoors or outdoors CUP CUP CUP D. Manufacturing, Assembly, Distribution, and Warehousing Uses 1. Cement, concrete and plaster, and product CUP fabrication 2. Distribution and transportation facilities CUP CUP 3. Heavy machinery repair, including trucks, CUP tractors and buses Zones C -O C -1 CPDC -2 C -OT M -1 M -2 I 4. Manufacturing and assembly including, but ZC* ZC* not limited to appliances, cabinets, cleaners, clothing, computers, cosmetics, detergents, electronics, furniture, leather products, machinery, medical and scientific instruments, paper, perfumes, pharmaceuticals, photographic and optical goods, plastic products, signs and advertising displays, soap, textiles and other uses which the community development director determines to be similar when in compliance with Section 17.20.030 ( *if within one hundred (100) feet of a residentially zoned property an administrative permit is required) 5. Outdoor storage when in conjunction with a CUP AP* city approved use and when all storage is screened by an eight (8) foot high masonry wall architecturally matched to the structure. ( *if within one hundred (100) feet of a residentially zoned property a conditional use permit is required) 6. Self- storage or mini - storage when not located CUP CUP on parcels adjacent to Arterial Roads or Freeways as shown on the Moorpark Circulation Element Highway Network Map and with or without a caretaker dwelling 0VICI® i 7. Warehousing AP AP 8. Welding AP AP E. Public and Semi - Public Uses 1. Amusement and recreational facilities as defined in Chapter 17.08 a. Arcades (video and computer) and cyber CUP CUP CUP CUP cafcs b. Health club /gymnasium /fitness center /spa ( *if AP* AP* AP* AP* AP* within one hundred (100) feet of a residentially zoned property a conditional use permit is required) 2. Care facilities, including adult day care CUP CUP CUP facilities, Alzheimer's day care facilities, congregate living health facilities, child day care centers, community treatment facilities, foster family and adoption agencies, hospices, long- term health care facilities, residential care facilities for the elderly, residential care facilities for persons with chronic life- threatening illness, skilled nursing and intermediate care facilities, social rehabilitation facilities, therapeutic day services facilities, transitional housing placement facilities, and transitional shelter care facilities as defined in Division 2 of the Health and Safety Code 3. Clubhouses, social clubs, service clubs with CUP CUP or without alcohol 4. Communication facilities, including wireless CUP CUP CUP CUP CUP CUP CUP in accordance with the requirements of Chapter 17.42 (pre- approved locations require only an AP 5. Energy production from renewable resources CUP CUP 6. Governmental uses including, but not limited CUP CUP CUP CUP CUP CUP CUP to city offices, community rooms, fire stations, human service centers, libraries, police stations, public utility facilities 7. Hospitals including urgent care ( *if within one AP* AP* AP* AP* hundred (100) feet of a residentially zoned property a conditional use permit is required) 8. Places of religious worship CUP CUP 9. Private education facilities including, but not CUP limited to colleges and universities, elementary, middle and high schools 10. Private training facilities including, but not AP* AP* AP* AP* AP* limited to professional and vocational schools, art and craft schools, music schools not part of a music store, and driver training schools ( *if within one hundred (100) feet of a residentially zoned property a conditional use permit is required) 11. Recreational facilities (private) with /without AP* AP* AP* AP* AP* CUP food services, including but not limited to bicycle and skate parks, golf courses, gymnasiums, fitness, health spas, martial arts, racquetball, yoga. Bicycles and skate parks (/. 1 � " `t R � O Y shall be in compliance with Chapter 17.28 ("if within one hundred (100) feet of a residentially zoned property a conditional use permit is required) 12. Utility structures (electrical boxes, AP AP AP AP AP AP AP transformers and valve apparatus that have no covered floor area and are attached to the ground by poles, columns or pedestals shall not require a zone clearance F. Accessory and Miscellaneous Uses 1. Outdoor sales CUP CUP CUP CUP CUP CUP 2. Retail shops and services as listed in Table AP 17.20.060(A)(21) when the uses are determined by the community development director to be ancillary to office use of the property 3. Motion picture and television production and TUP TUP TUP TUP TUP TUP TUP related activities and structures (activities of a maximum of forty -two (42) days in any one hundred eighty (180) day period are considered temporary and shall comply with the requirements of Chapter 17.28 and Title 5 of the Moorpark Municipal Code 4. Temporary uses including, but not limited to TUP TUP TUP TUP TUP TUP TUP carnivals, Christmas tree sales, circuses, festivals, sidewalk sales, special events, outdoor sales, when in compliance with Chapter 17.44. Issuance of a temporary use permit shall take the place of a zoning clearance. Temporary uses lasting more than one hundred eighty (180) days require an AP. 0 0 n 0 ri° ITEM: 10.A. Planning Commission, City of Moorpark, California Minutes of July 24, 2007 Regular Meeting Page 1 1 The Regular meeting of the Planning Commission was held on July 24, 2007, in the City 2 Council Chambers; Moorpark Civic Center; 799 Moorpark Avenue; Moorpark, California; 3 93021. 4 1. CALL TO ORDER: 5 Chair Taillon called the meeting to order at 7:05 p.m. 6 2. PLEDGE OF ALLEGIANCE: 7 Gail Rice led the Pledge of Allegiance. 8 3. ROLL CALL: 9 Present: Planning Commissioners Di Cecco, Hamous and Landis, 10 Vice Chair Peskay and Chair Taillon. 11 Staff present: David Bobardt, Planning Director; Joseph Fiss, Principal 12 Planner; Freddy Carrillo, Community Development 13 Technician; Gail Rice, Administrative Assistant and Joyce 14 Figueroa, Administrative Assistant. 15 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: 16 Chair Taillon thanked outgoing Secretary, Gail Rice for her services. 17 5. PUBLIC COMMENTS: 18 None. 19 6. REORDERING OF, AND ADDITIONS TO THE AGENDA: 20 None. 21 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS AND REPORTS ON 22 MEETINGS /CONFERENCES ATTENDED BY THE COMMISSION: 23 (Future agenda items are tentative and are subject to rescheduling.) 24 A. August 28, 2007 25 ■ Summer Recess 26 B. September 25, 2007 27 Mr. Bobardt briefly discussed future agenda items. 28 \\mor_pri_sery \City Share \Community Development\ COMMISSION\ MINUTES \2007Draft \07_0724_pcm.doc 0 ()0;, Y^9 Planning Commission, City of Moorpark, California Minutes of July 24, 2007 Regular Meeting FA 1 8. PUBLIC HEARINGS: (next Resolution No. PC- 2007 -518) 2 A. Consider Conditional Use Permit No. 2007 -04, a Conditional Use Permit 3 for Off -Site Liquor Sales at a Proposed Circle -K Convenience Store at 4 6593 Collins Drive (Campus Plaza), on the Application of Saib Alrabadi. 5 (Staff: Joseph Fiss) Staff Recommendation: 1) Open the public hearing, 6 accept public testimony and close the public hearing; and 2) Adopt 7 Resolution No. PC -2007- denying the application for Conditional Use 8 Permit No. 2007 -04. 9 Mr. Bobardt, at the request of the applicant, recommended a continuance of this 10 item to the September 25, 2007 Regular Planning Commission meeting. 11 There were no speaker cards for this item. 12 Chair Taillon moved and Vice Chair Peskay seconded a motion to continue this 13 Public Hearing open to the September 25, 2007 Regular Planning Commission 14 meeting. The motion carried by unanimous voice vote. 15 The Planning Commission is final approval for this project. 16 B. Consider Conditional Use Permit No. 2007 -09, a Request to Service 17 Motorcycles and Sell Motorcycle Parts and Apparel in an Existing 2,300 18 Square -Foot Vacant Building Space, Located at 555 Spring Road, Unit B, 19 on the Application of Joe Righetti. (Staff: Freddy Carrillo) Staff 20 Recommendation: 1) Open the public hearing, accept public testimony 21 and close the public hearing; and 2) Adopt Resolution No. PC- 2007 -519 22 approving Conditional Use Permit No. 2007 -09 subject to Conditions of 23 Approval. 24 Mr. Carrillo gave the staff report. 25 The Commission questioned staff if this was an existing business, if any noise 26 complaints were received about the previous business and discussed the test 27 drive route. 28 Chair Taillon opened the public hearing. 29 Joe Righetti, applicant, stated he was available for any questions the 30 Commission may have and discussed the test drive route. 31 Chair Taillon closed the public hearing. 32 MOTION: Vice Chair Peskay moved and Commissioner Hamous seconded a 33 motion to accept staff recommendation and adopt Resolution No. PC- 2007 -519. 34 The motion carried by unanimous voice vote. 35 The Planning Commission is final approval for this project. 36 C. Consider Variance No. 2007 -01 to Allow Exceptions to Minimum Side and 37 Rear Setbacks and Garage Width Requirements for Construction of a \ \mor_pri_sery \City Share \Community Development \COMMISSION\MINUTES\2007 Draft \07_0724_pcm.doc 0 e (110 Planning Commission, City of Moorpark, California Minutes of July 24, 2007 Regular Meeting Paae 3 1 Single- Family House on a 3,300 Square -Foot Lot, on Bonnie View Street 2 North of Charles Street, on the Application of Autorn (Dean) Bhusiririt 3 (Staff: Joseph Fiss) Staff Recommendation: 1) Open the public hearing, 4 accept public testimony and close the public hearing; 2) Adopt Resolution 5 No. PC- 2007 -520 approving Variance No. 2007 -01. 6 Joseph Fiss gave the staff report. 7 The Commission questioned staff about the property being subject to part of the 8 Downtown Specific Plan, and Notices being sent to residences that did not show 9 on the presentation. 10 Chair Taillon opened the public hearing. 11 Dean Autorn Bhusiririt, applicant, stated he was available for any questions the 12 Commission may have. 13 The Commission questioned applicant if he was planning on building himself or if 14 he had a contractor. 15 James Gerochi, Katie Brooks, Pamela Castro, Steven J. Castro, and Antonio 16 Castro, residents, spoke in opposition of the proposed project and the concern 17 about the street being a one way access street, no back access road or outlet, 18 safety issues for residents of the area such as wild fires, heavy equipment 19 entering and parking on the street, and inconvenience by construction. There 20 was also a concern about the soil testing of the property. 21 The Commission questioned staff how much of an ingress and about the history 22 of Bonnie View Street. 23 Chair Taillon closed the public hearing. 24 The Commission discussed the condition of enhanced architecture and 25 landscaping on the east elevation visible from Spring Street, how would 26 equipment get to the site and where would the equipment park, at what point 27 would City require safety requirements, how could this project be done without a 28 variance, setbacks, square footage of the lot, and concern for safety of the 29 residents. 30 Chair Taillon closed public testimony. 31 Vice Chair Peskay moved to table this item with the applicant's concurrence to 32 see if applicant comes up with some answers that would have been raised such 33 as soil testing, staging and taking another look at the design. No seconding of 34 this motion was made. 35 MOTION: Commissioner Landis moved and Commissioner Di Cecco seconded a 36 motion to deny staff recommendation and adoption of Resolution No. PC -2007- 37 520. The motion carried by unanimous voice vote. \\mor_pri_sery \City Share \Community Development \COMMISSION\MINUTES\2007 Draft \07_0724_pcm.doc 0 0( 0 �4 Planning Commission, City of Moorpark, California Minutes of July 24, 2007 Regular Meeting Ll 1 The Planning Commission is final approval for this project. 2 D. Consider Commercial Planned Development Permit No. 2007 -01 and 3 Tentative Tract Map No. 5743; to Allow Construction of a Proposed 4 Medical Plaza to Include Twenty -Four (24) Medical Services 5 Condominiums for Uses Such As Outpatient Surgery Center, MRI 6 Diagnostic Services, Rehabilitation and Laboratory Services, and Urgent 7 Care; Located on the South Side of Peach Hill Road, East of Spring Road; 8 on the Application of Peach Hill Medical Plaza LLC (Larry Greene) Staff: 9 Joseph) Staff Recommendation: 1) Open the public hearing, accept 10 public testimony and close the public hearing; 2) Adopt Resolution No. 11 PC- 2007 -521 recommending to the City Council conditional approval of 12 Commercial Planned Development Permit No. 2007 -01 and Tentative 13 Tract No. 5743 14 Commissioner Di Cecco recused himself and stepped down from the dais. 15 Commissioner Landis stated that he is on the Board of Advisors for Simi Valley 16 Hospital, but that there is no need to recuse himself from consideration of this 17 application. 18 Joseph Fiss gave the staff report. 19 Commissioner Landis and Vice Chair Peskay stated they both met with the 20 applicant to review the site. 21 The Commission questioned staff if this was part of the Carlsberg Specific Plan 22 and to elaborate why this is an appropriate type of project. The Commission also 23 questioned staff about the roof, parapets, maintenance and landscape of the 24 slope on the west side, parking, traffic, any deed restrictions, concern about 25 mitigation, restrictions during construction, steel bars on patio, and entitlement of 26 centering the building. 27 Chair Taillon opened the public hearing. 28 John Newton, Applicant's Representative, spoke in favor of the project and 29 responded to questions from the Commission. 30 The Commission questioned the applicant's representative about a Traffic Impact 31 Study and Settlement Agreement. 32 Larry Greene, applicant and Manager of Peach Hill Medical Plaza, spoke in favor 33 of the project and responded to questions from the Commission. 34 Mark Di Cecco, Architect, spoke in favor of the project and responded to 35 questions from the Commission. 36 Dan Medina, homeowner spoke in opposition of the project. 37 Chair Taillon closed the public hearing. \ \mor_pri_sery \City Share \Community Development \COMMISSION\MINUTES\2007 Draft \07_0724_pcm.doc 00 0 w .Planning Commission, City of Moorpark, California Minutes of July 24, 2007 Regular Meeting Page 5 1 MOTION: Commissioner Landis moved and Vice Chair Peskay seconded a 2 motion to accept staff recommendation and adopt Resolution No. 2007 -521. The 3 motion carried by a 4:0 voice vote; 4 Commissioner Di Cecco recused himself from the vote. 5 The City Council is final approval for this project. 6 9. DISCUSSION ITEMS: 7 A. Consider the Conformity Report on Proposed Amendment No. 2 to the 8 Redevelopment Plan for the Moorpark Redevelopment Project (Staff: 9 David Moe) Staff Recommendation: Adopt Resolution No. PC -2007- 10 finding that Amendment No. 2 to the Redevelopment Plan does not affect 11 the General Plan, recommending to the City Council adoption of the 12 Mitigated Negative Declaration, and recommending approval and adoption 13 of Amendment No. 2 to the Redevelopment Plan. 14 David Moe presented the report. 15 No speakers were present 16 Chair Taillon moved and Commissioner Landis seconded a motion to accept staff 17 recommendation and adopt Resolution No. PC- 2007 -522. The motion carried by 18 a 4:0 voice vote; Commissioner Di Cecco recused himself from the vote. 19 Commissioner Di Cecco returned to the dais. 20 10. CONSENT CALENDAR: 21 A. Regular Meeting Minutes of June 26, 2007. 22 MOTION: Commissioner DiCecco moved and Vice Chair Peskay seconded a 23 motion to approve the Consent Calendar. The motion carried by a unanimous 24 voice vote. 25 11. ADJOURNMENT: 26 Chair Taillon adjourned the meeting at 9:31 p.m. 27 28 29 Mark Taillon, Chair 30 31 David A. Bobardt, Planning Director \\mor_pri_sery \City Share \Community Development \COMMISSION\MINUTES\2007 Draft \07_0724_pcm.doc 0 0f k