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HomeMy WebLinkAboutAG RPTS 2009 0127 PC REGPLANNING COMMISSION REGULAR MEETING AGENDA January 27, 2009 7:00 P.M. Resolution No. 2009 -541 Moorpark Community Center 799 Moorpark Avenue 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. OATH OF OFFICE: A. City Clerk Administers Oath of Office to the Planning Commission (Staff: Deborah Traffenstedt) 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: A. Consider Selection of Chair and Vice Chair Jodi Bagwell Mark Di Cecco Bruce A. Hamous Kipp Landis Mark G. Taillon Staff Recommendation: 1) Open the floor to nominations for a Chair; 2) Once sufficient nominations have been made, close the nominations and vote; 3) Open the floor for nominations for a Vice Chair; and 4) Once sufficient nominations have been made, close the nominations and vote. (Staff: David Bobordt) There will be brief recess to allow the Chair and Vice -Chair to be seated. All writings and documents provided to the majority of the Commission regarding all agenda items are available for public inspection at the City Hall public counter located at 799 Moorpark Avenue during regular business hours. The agenda packet for all regular Commission meetings is also available on the City's website at www.ci.moornark.ca.us. 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; for a Discussion item, prior to the Chair's call for speaker cards for each Discussion agenda item; and for a Public Hearing item, prior to the opening of each Public Hearing, or beginning of public testimony for a continued 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. Any questions concerning any agenda item may be directed to the Community Development/Planning office at 517 -6233. Regular Planning Commission Meeting Agenda January 27, 2009 Page 2 5. PUBLIC COMMENT: 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. Future Agenda Items: i. Rescinding Toll Mazur DA, GPA, ZC ii. CUP and IPD for Pacific Pride Fueling Station iii. CUP for National Ready Mix iv. Housing Element Update B. Mandatory Ethics Training for the City Council, Planning Commission, Parks and Recreation Commission and staff will be on Wednesday, February 25, 2009; 7:00 p.m. — 9:30 p.m. C. 2009 Planners Institute and Mini Expo, March 25 — 27, 2009, Anaheim, California 8. PUBLIC HEARINGS: (next Resolution No. PC- 2009 -541) A. Consider Conditional Use Permit No 2008 -09 a Request to Install a New Thirty Five Foot (35') Tall "Mono -pine" Wireless Communication Facility at the Ventura County Water Works Reservoir District 1 (South of Tierra Rejada Between Thomasville Court and Sunnyslope Place), on the Application of Vince Anaya for Verizon Wireless. (Continued from November 25, 2008 meeting) Staff Recommendation: 1) Close the public hearing and take item off calendar. (Staff: Freddy Carrillo) B. Consider Conditional Use Permit (CUP) No 2008 -11 to Allow Service of Beer and Wine for On -Site Consumption with Food Service at an Existing Restaurant (Tokiwa Sushi), Located at 476 Los Angeles Avenue #B10, on the Application of Vince Doan. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; 2) Adopt Resolution No. PC -2009- conditionally approving Conditional Use Permit 2008 -11. (Staff: Freddy Carrillo) C. Consider Conditional Use Permit No. 2008 -12 to Allow a Full Service Restaurant with Beer. Wine and Other Alcoholic Beverage Sales for On Premises Consumption at 6593 Collins Drive Suites D18 and D19 on the Application of Joudie Alsaadv (Garlic Jim's Pizza). Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; 2) Adopt Resolution No. PC -2009- approving Conditional Use Permit 2008 -12. (Staff: Joseph Fiss) SACommunity DevelopmentTLANNING COMMISSIONWGENDA \2009 \09 0127 agn.doc Regular Planning Commission Meeting Agenda January 27, 2009 Page 3 D. Consider Zoning Ordinance Amendment No 2008 -01 a Request to Amend Title 17.40.110 of the Moorpark Municipal Code (Sign Regulations) to Create a New Category and Standards for Freeway- Oriented Pylon Signs in Commercial Retail Shopping Centers of 50 000 Square Feet or Larger Within 150 Feet of a Freeway. on the Appl ication of Signs Pacific on Behalf of Campus Plaza. Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; 2) Adopt Resolution No. PC -2009- recommending to the City Council denial of Zoning Ordinance Amendment No. 2008 -01. (Staff: Joseph Fiss) 9. DISCUSSION ITEMS: A. Consider Reaular Meeting Schedule Time and Place Staff Recommendation: 1) Approve the 2009 regular meeting schedule of the fourth (4th) Tuesday of each month starting at 7:00 p.m. at the Moorpark City Hall Community Center, 799 Moorpark Avenue, Moorpark, CA 93021. (Staff: David Bobardt) 10. CONSENT CALENDAR: A. Consider Approval of the Regular Meeting Minutes of November 25 2008 Staff Recommendation: Approve the minutes. 11. ADJOURNMENT: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, including auxiliary aids or services, please contact the Community Development Department at (805) 517 -6233. Upon request, the agenda can be made available in appropriate alternative formats to persons with a disability. Any request for disability - related modification or accommodation should be made at least 48 hours prior to the scheduled meeting to assist the City staff in assuring reasonable arrangements can be made to provide accessibility to the meeting (28 CFR 35.102- 35.104; ADA Title II). S: \Community Development \PLANNING COMM I SSION\AG ENDA\2009\09 0127_agn.doc STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss CITY OF MOORPARK ) AFFIDAVIT OF POSTING AGENDA I, Joyce R. 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, January 27, 2009, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on January 23, 2009, 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 January 23, 2009. Jo ce k Figueroa, Administrative Assistant SACommunity Development \PLANNING COMMISSION\AGENDA \2009 \09 0127_aop.doc ITEM: 4.A. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: David A. Bobardt, Planning Director DATE: January 6, 2009 (PC Meeting of 1/27/2009) SUBJECT: Consider Selection of Chair and Vice Chair BACKGROUND /DISCUSSION Municipal Code Section 2.36.080 and Section 3.1 of Resolution PC 2006 -507 (Rules of Procedure for Commission Meetings and Related Functions and Activities) require the Planning Commission to select a Chair and Vice Chair from among the appointed members at the first regular meeting of each year. Each such selection shall be by three (3) or more affirmative votes. Additionally, each person so selected shall serve until the end of a one -year term or until a successor is chosen (at any time) by three (3) or more affirmative votes. STAFF RECOMMENDATION 1. Open the floor to nominations for a Chair; 2. Once sufficient nominations have been made, close the nominations and vote; 3 Open the floor for nominations for a Vice Chair; 4 Once sufficient nominations have been made, close the nominations and vote. \ \mor pri_sery \Department Share \Community Development \PLANNING COMMISSION \P C POLICIES \agenda reports \2009 \pc 090127 select chair.doc I., - o001 ITEM: 8.A. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: David A. Bobardt, Planning DirectorD3 Prepared by Freddy A. Carrillo, Assistant Planner I DATE: January 21, 2009 (PC Meeting of 01/27/2009) SUBJECT: Consider Conditional Use Permit No. 2008 -09, a Request to Install a New Thirty -Five Foot (35') Tall "Mono- pine" Wireless Communication Facility at the Ventura County Water Works Reservoir District 1 (South of Tierra Rejada, Between Thomasville Court and Sunnyslope Place), on the Application of Vince Anaya, for Verizon Wireless BACKGROUND /DISCUSSION The Planning Commission opened a public hearing on this case on November 25, 2008 and continued the case with the public hearing open to January 27, 2009. No staff analysis or testimony was provided at the November 25th meeting. Since that time, the applicant has submitted a letter requesting that the item be removed from Planning Commission consideration, waiving the application review timelines established by the Permit Streamlining Act. The applicant is considering alternative designs for the proposed wireless communications facility and more time is needed to complete modifications to the application. If taken off the Planning Commission calendar, a new public hearing notice would be mailed and advertised when the case is ready to proceed. STAFF RECOMMENDATION 1. Close the public hearing and take item off calendar \ \mor_pri_serv\Department Share \Community Development \DEV PMTS \C U P \2008 \2008 -09 Verizon Wireless\Agenda Reports \Planning Commission - Process on hold.doc "0002 ITEM: 8.13. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: David A. Bobardt, Planning Director I Prepared by Freddy A. Carrillo, Assistant Planner I DATE: January 22, 2009 (PC Meeting of 01/27/2009) SUBJECT: Consider Conditional Use Permit (CUP) No. 2008 -11, to Allow Service of Beer and Wine for On -Site Consumption with Food Service at an Existing Restaurant ( Tokiwa Sushi), Located at 476 Los Angeles Avenue #B10, on the Application of Vince Doan BACKGROUND A Conditional Use Permit application was filed by Vince Doan on November 13, 2008, requesting permission to be able to serve beer and wine for on -site consumption with food service at an existing 998 square -foot Tokiwa Sushi restaurant at 476 Los Angeles Avenue, #B10. This restaurant is within a 27,446 square -foot retail /automobile service center. DISCUSSION Project Setting Existinq Site Conditions: The project site has been developed with a 27,446 square -foot retail /automobile service center. Buteras Billiards is a billiards and pool establishment located within this center, at 476 Suite A -11 and service of beer and snacks for on -site consumption is currently allowed at this facility. La Calenda Mexican Food restaurant and Bakery currently serves beer and wine for on -site consumption along with a full menu of food services, located at 476 Los Angeles Avenue in Suites Al2 and A -13, also within this center. Previous Applications: Planned Development No. 1065 was approved on December 16, 1987, and allowed for the construction and operation of the center. U0003 Honorable Planning Commission January 27, 2009 Page 2 General Plan and Zoning Consistency: The General Commercial land use designation in the General Plan is intended to provide for a wide range of retail and service activities. The Zoning Ordinance requires Planning Commission approval of a CUP for restaurants with beer and wine service within 100 feet of residential zone in the Commercial Planned Development (CPD) zone. This allows for consideration of the compatibility of the proposed use with surrounding uses in making finding on the application, and adoption of conditions of approval as deemed necessary. ANALYSIS Issues Staff analysis of the proposed project has identified the following area for Planning Commission consideration in their decision: • Control of Alcoholic Beverage Service • Concentration of Uses \\mor pri_sery \Department Share \Community Development \DEV PMTS \C U P\2008\2008 -11 Tokiwa Sushi\Agenda Reports \PC Agenda Report 1.doc ..��0 0 4 GENERAL PLAN/ZONING Direction General Plan Zonin Land Use Site General Commercial Commercial Planned Retail /Automobile 2) rDevelopment Shopping /Service (C .... (CPD) Center .. General ommercial North Commercial Planned (C -2) Development Shopping Center ...... ..... (CP _) High Density Residential ....... _...... _ South Residential Planned (H) Development Residential ............. ............ . PD) General Commercial ................ East Commercial Planned (C -2) Development Shopping Center .... ............................... PD) .. .. .......... General Commercial _ West Commercial Planned (C-2) Development Vacant Lot CPD General Plan and Zoning Consistency: The General Commercial land use designation in the General Plan is intended to provide for a wide range of retail and service activities. The Zoning Ordinance requires Planning Commission approval of a CUP for restaurants with beer and wine service within 100 feet of residential zone in the Commercial Planned Development (CPD) zone. This allows for consideration of the compatibility of the proposed use with surrounding uses in making finding on the application, and adoption of conditions of approval as deemed necessary. ANALYSIS Issues Staff analysis of the proposed project has identified the following area for Planning Commission consideration in their decision: • Control of Alcoholic Beverage Service • Concentration of Uses \\mor pri_sery \Department Share \Community Development \DEV PMTS \C U P\2008\2008 -11 Tokiwa Sushi\Agenda Reports \PC Agenda Report 1.doc ..��0 0 4 Honorable Planning Commission January 27, 2009 Page 3 Control of Alcoholic Beverage S_ Staff analysis of the proposed project has identified control of the service of alcoholic beverages as the primary issue for Planning Commission consideration in their review of the CUP application. Conditions are recommended by staff to address security concerns associated with the service of alcoholic beverages. These conditions are consistent with those recently applied to other restaurants in Moorpark with alcoholic beverage service. Concentration of Uses The Village Retail Auto Center has two other tenants that currently serve alcohol. First, Buteras Billiards, which has a Type 40 license that allows on -site consumption of beer only. Second is La Calenda Mexican Food restaurant and bakery, which has a Type 41 license allowing for on -site consumption of beer and wine with food service. Tokiwa Sushi is applying for a Type 41 license as well. The Sushi restaurant is a sit -down restaurant similar to La Calenda where customers are able to order meals and beverages from a server. Staff is recommending Condition No. 18 as follows. Walk -in alcohol service for non - restaurant patrons is not permitted at any time. Alcoholic beverages may only be sold /served to patrons of the facility during dining events. Food meal service must be available during all business hours that alcoholic beverages are sold ". The condition is recommended so that customers will not be served beer or wine unless food is purchased at the same time. The applicant is concurrently processing a Type 41 application with the California Department of Alcoholic Beverage Control (ABC) for beer and wine service and sales for on -site consumption. The ABC will not issue a license unless the applicant has obtained the necessary permit from the City. In its analysis, 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 the existing restaurant will not result in an over - concentration of such permits. Because of the large number of licenses in this census tract, Convenience and Necessity" would need to be finding ade by the Plaonning Comm slsion' or the , of ABC license to be approved. This finding is also one of the required findings for a City CUP. Given that the primary use is a large, full - service restaurant contributing to the economic development of the city, staff believes that the Planning Commission can make this finding for this license request. \ \mor pri_sery \Department Share \Community Development \DEV PMTS \C U P \2008 \2008 -11 Tokiwa Sushi\Agenda Reports \PC Agenda Report 1.doc )005 Honorable Planning Commission January 27, 2009 Page 4 The applicant has indicated that the standard hours of operation will be from 10:30 a.m. to 9:30 p.m. Since these hours of operation may change due to market conditions, staff is recommending Condition No. 16, as follows: "Sales, service or consumption of beer and wine allowed by this Conditional Use Permit are permitted only between the hours of 10:30 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 Planning 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 recommended hours are identical to those of other; more recently approved Conditional Use Permits for restaurants in the area including Don Cuco's and Viva La Pasta Restaurants. Findings A. The proposed use is consistent with the intent and provisions of the city's General Plan, Zoning Ordinance, and other applicable regulations in that the sale of beer and wine for on -site consumption is an ancillary use to the approved restaurant, a use consistent with the General Plan and Zoning. B. The proposed use is compatible with both existing and permitted land uses in the area in that this is an approved full service restaurant where sale of beer and wine is not unexpected. C. 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 approved restaurant and does not require any modifications to the approved building. D. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or uses in that conditions are required to ensure proper control of the sale of beer and wine for on -site consumption. E. The proposed use would not be detrimental to the public interest, health, safety, convenience, or welfare in that conditions are required to ensure proper control of the sale of beer and wine for on -site consumption. F. The use will not result in an over - concentration in the area of establishments selling alcoholic beverages. The proposal is enhancing an existing establishment where such uses are traditionally anticipated, consistent with the land use development pattern of the City of Moorpark. G. 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. H. The use will not create the need for increased police services in that conditions are required to ensure proper control of the sale of beer and wine for on -site consumption. The requested use at the proposed location will not adversely affect the economic welfare of the community. \ \mor pri_sery \Department Share \Community Development \DEV PMTS \C U P\2008\2008 -11 Tokiwa Sushi\Agenda Reports \PC Agenda Report 1.doc i, 00006 Honorable Planning Commission January 27, 2009 Page 5 J. The exterior appearance of the structure will not be inconsistent with the external appearance of commercial structures already constructed or under construction on surrounding properties, or within the immediate neighborhood so as to cause blight, deterioration or substantially diminish property values within the neighborhood. PROCESSING TIME LIMITS Time limits have been established for the processing of development projects under the Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the Subdivision Map Act (Government Code Title 7, Division 2), and the California Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13, and California Code of Regulations, Title 14, Chapter 3). Under the applicable provisions of these regulations, the following timelines have been established for action on this project: Date Application Determined Complete: December 13, 2008 Planning Commission Action Deadline: March 13, 2009 City Council Action Deadline: 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 Planning Director has determined this project 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. \\mor_pri_sery \Department Share \Community Development \DEV PMTS \C U P\2008 \2008 -11 Tokiwa Sushi\Agenda Reports \PC Agenda Report 1.doc Honorable Planning Commission January 27, 2009 Page 6 STAFF RECOMMENDATION 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC -2009- conditionally approving Conditional Use Permit No. 2008 -11. ATTACHMENTS: 1. Location Map 2. Aerial Photograph 3. Project Exhibits A. Site Plan B. Floor Plan 4. Draft PC Resolution with Conditions of Approval \ \mor pri_sery \Department Share \Community Development \DEV PMTS \C U P\2008\2008 -11 Tokiwa Sushi\Agenda Reports \PC Agenda Report 1.doc 0008 Honorable Planning Commission January 27, 2009 Page 7 LOCATION MAP PC ATTACHMENT 1 \\mor_pri Sush i�_serv\Department Share\Community Development\DEV PMTS\C U P\2008\2008 -11 Tokiva Agenda Reports\PC Agenda Report l.doc - 4 400a Honorable Planning Commission January 27, 2009 Page 8 AERIAL PHOTOGRAPH PC ATTACHMENT 2 \\mor_pri- serv\Department Share\Community Development\DEV PMTS\C U P\2008\2008 -11 Tokiwa Sushi\Agenda Reports\PC Agenda Report l.doc �10 PROJECT EXHIBITS A. Site Plan B. Floor Plan (under separate cover) PC ATTACHMENT 3 z��:f1 RESOLUTION NO. PC -2009- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2008 -11, TO ALLOW AN ON -SITE SERVICE AND CONSUMPTION OF BEER AND WINE WITH FOOD SERVICE AT AN EXISTING RESTAURANTRESTURANT (TOKIWA SUSHI), LOCATED AT 476 LOS ANGELES AVENUE, #13-10 (VILLAGE RETAIL AUTO CENTER), ON THE APPLICATION OF VINCE DOAN WHEREAS, at a duly noticed public hearing on January 27, 2009, the Planning Commission considered Conditional Use Permit No. 2008 -11, to allow on -site sale and consumption of beer and wine with food service at an existing restaurant, located at 476 Los Angeles #B -10 (Village Retail Auto Center), on the application of Vince Doan (Tokiwa Sushi); and WHEREAS, at its meeting of January 27, 2009 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, close the public hearing 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 FINDINGS: Based upon the information set forth in the staff reports, accompanying studies, and oral and written public testimony, the Planning Commission makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.040: A. The proposed use is consistent with the intent and provisions of the City's General Plan, Zoning Ordinance, and other applicable regulations in that the sale of beer and wine for on -site consumption is an ancillary use to the approved restaurant, a use consistent with the General Plan and Zoning. B. The proposed use is compatible with both existing and permitted land uses in the area in that this is an approved full service restaurant where sale of beer and wine is not unexpected. PC ATTACHMENT 4 )012 Resolution No. PC -2009- Page 2 C. 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 approved restaurant and does not require any modifications to the approved building. D. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or uses in that conditions are required to ensure proper control of the sale of beer and wine for on -site consumption. E. The proposed use would not be detrimental to the public interest, health, safety, convenience, or welfare in that conditions are required to ensure proper control of the sale of beer and wine for on -site consumption. F. The use will not result in an over - concentration in the area of establishments selling alcoholic beverages. The proposal is enhancing an existing establishment where such uses are traditionally anticipated, consistent with the land use development pattern of the City of Moorpark. G. 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. H. The use will not create the need for increased police services in that conditions are required to ensure proper control of the sale of beer and wine for on -site consumption. 1. The requested use at the proposed location will not adversely affect the economic welfare of the community. J. The exterior appearance of the structure will not be inconsistent with the external appearance of commercial structures already constructed or under construction on surrounding properties, or within the immediate neighborhood so as to cause blight, deterioration or substantially diminish property values within the neighborhood. _ :13 ) 0 \ \mor pri_serv\Department Share \Community Development \DEV PMTS \C U P \200812008 -11 Tokiwa Sushi \Reso \Tokiwa Sushi PC RESO.doc Resolution No. PC -2009- Page 3 SECTION 2. PLANNING COMMISSION DECISION: The Planning Commission approves Conditional Use Permit No. 2008 -11 subject to the Conditions of Approval included in Exhibit A (Conditions of Approval), attached hereto and incorporated herein by reference. 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 27th day of January, 2009. , Chair David A. Bobardt Planning Director Exhibit A — Conditions of Approval k 014 RESddo_c m 8 \ \mor prisery \Department Share \Communit Del -11 Tokiwa Sushi \Reso \Tokiwa Sushi PC Resolution No. PC -2009- Page 4 EXHIBIT A CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2008-11 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 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. \ \mor pri_sery \Department Share \Community Development\DEV PMTS \C u P \2008 \2008 -11 Tokiwa Sushi \Reso \Tokiwa Sushi PC RESddoC Resolution No. PC -2009- Page 5 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. 2008 -11, except any modifications as may be required to meet specific Code standards or other conditions stipulated herein. 7. All necessary permits must be obtained from the Building and Safety Department and all construction shall be in compliance with the Moorpark Building Code and all other applicable regulations. 8. Approval of a Zoning Clearance 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. 12. No person under the age of eighteen (18) shall serve or package alcoholic beverages. 13. All exterior areas of the site, including ll areas shall be maintained free of litter and debris at times. under use by the facility, 14. Conditional Use Permit No. 2008 -11 may be revoked or its use suspended by the City, if any of the causes listed in Section 17.44.080.13 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 (1 8o) 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. oo 16 RES( pri_sery \Department Share \Community Development \DEV PMTS \C U P \2008 \2008 -11 Tokiwa Sushi \Reso \Tokiwa Sushi PC RESO.doc Resolution No. PC -2009- Page 6 16. Sales, service or consumption of beer and wine allowed by this Conditional Use Permit are permitted only between the hours of 10:30 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 Planning 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. This premise is not licensed by ABC to operate as a bar or a nightclub and must maintain this premise as a restaurant. The quarterly gross sales of alcoholic beverages may not exceed 50% of the gross sales of food during the same period. The 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. "Walk -in" alcohol service for non - restaurant patrons is not permitted at any time. Alcoholic beverages may only be sold /served to patrons of the facility during dining events. Food meal service must be available during all business hours that alcoholic beverages are sold. 19. Areas inside the establishment open to customers must be illuminated sufficiently to allow the identification of persons. 20. 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. 21. 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. 22. 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. 23. 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 - \ \mor pri_serv\Department Share \Community Development \DEV PMTS \C U P \2008 \2008 -11 Tokiwa Sushi \Reso \Tokiwa Sushi PC RESO.doc ITEM: 8.C. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: David A. Bobardt, Planning Director DV Prepared by Joseph Fiss, Principal Planner DATE: January 22, 2009 (PC Meeting of 1/27/2009) SUBJECT: Consider Conditional Use Permit No. 2008 -12, a Conditional Use Permit to Allow a Full Service Restaurant with Beer, Wine and Other Alcoholic Beverage Sales for On- Premises Consumption at 6593 Collins Drive, Suites D18 and D19, on the Application of Joudie Alsaady (Garlic Jim's Pizza) BACKGROUND A Conditional Use Permit application was filed by Joudie Alsaady (Garlic Jim's Pizza) on November 19, 2008, for a full service restaurant with beer, wine, and other alcoholic beverage sales for on- premises consumption at 6593 Collins Drive, Suites D18 and D19, in the Campus Plaza shopping center, located at the southwest corner of Campus Park Drive and Collins Drive. The lease space is approximately 3,000 square feet. DISCUSSION Project Setting Existing Site Conditions: The recently completed Campus Plaza shopping center includes a mix of retail, service, and restaurant uses. 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 No. 5264 for subdivision of the 6.28 acre site into fur lots. and Tentative Parcel Map Administrative Permit No. 2004 -16 was approved on November 17, 2004, to permit the sale of beer and wine at the Shell Station convenience store within this center for off -site consumption. 't +�i1 Honorable Planning Commission January 27, 2009 Page 2 Conditional Use Permit No. 2007 -04 was approved on February 26, 2008 to permit the sale of liquor, beer, and wine at a convenience store within this center for off -site consumption. Conditional Use Permit No. 2008 -06 was approved on October 14, 2008 to allow a retail tobacco and accessories store within this center. Conditional Use Permit No. 2008 -10 was approved on November 15, 2008 to allow a casual restaurant (Chronic Tacos) with sale and service of beer and wine for on consumption within this center. -site Direction Site North South East ...................... ............................... West GENERAL P General Plan General Commercial (C -2) Medium Density Residential (M) Freeway Right -of -Way _ ........ ........ .( Y -_R /W) . . Freeway Right -of -Way Very High Density Residential (VH) General Plan and Zoning Consistency: - AN/ZONING Zoning Commercial Planned Development (CPD) Residential Planned Development /5 Units per Acre (RPD -5U) N/A N/A ... _ ............. Residential Planned Development /12 Units per Acre (RPD -12u) Land Use Shopping Center Single - Family Residential Freeway Freeway Residential Condominiums The General Commercial land use designation in the General Plan is intended to provide for a wide range of retail and service activities. The Zoning Ordinance requires Planning Commission approval of a Conditional Use Permit for restaurants with alcoholic beverage service within 100 feet of a residential zone in the Commercial Planned Development (CPD) Zone. This allows for consideration of the compatibility of the proposed use with surrounding uses in making findings on the application, and adoption of conditions of approval as deemed necessary. ;_ 0013 \ \mor_pri_sery \Department Share \Community Development \DEV PMTS \C U P\2008\2008 -12 Garlic Jim's Pizza\Agenda Reports \PC Agenda Report 090127.doc Honorable Planning Commission January 27, 2009 Page 3 ANALYSIS Issues Staff analysis of the proposed project has identified control of the service of alcoholic beverages as the primary issue for Planning Commission consideration in their review of the Conditional Use Permit application. Conditions are recommended by staff to address security concerns associated with the service of alcoholic beverages. These conditions are consistent with those applied to restaurants in Moorpark with alcoholic beverage service. The applicant is concurrently processing a Type 47 application with the California Department of Alcoholic Beverage Control (ABC) General Liquor (Distilled Spirits, Beer, And Wine) service and sales for on site consumption. 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 76.04, where the project is located. This census tract is a large census tract that includes the Village at Moorpark, Moorpark Marketplace, Varsity Park Plaza, and Campus Plaza shopping with the High Street commercial district. It currently has a healthy mix Of commercial land uses, which include a variety of stores, restaurants, auto repair and other services. Alcoholic beverage service at this restaurant will not, in the opinion of Community Development staff, result in a detrimental over - concentration of such permits as it is ancillary to the restaurant operation. This will be the first restaurant in the Campus Plaza center to request sales and service of general liquor for on -site consumption. Chronic Tacos, approved for this center on November 15, 2008, allowed for sales and service of beer and wine only in a casual restaurant with counter service. Garlic Jim's is a full - service restaurant, which is not unexpected to be found in a shopping center of this size. Because of the large number of licenses in this census tract, finding "Public Convenience and Necessity" would need to be made by the Planning Commission for the ABC license to be approved. This finding is also one of the required findings for a City CUP. Given that the primary use is a large, full - service restaurant contributing to the economic development of the city, staff believes that the Planning Commission can make this finding for this license request. Although the floor plan shows a "bar ", this is similar in nature to other local restaurants, including Moorpark Country Club, Romio's Pizza, Cafe Firenze and Wood Ranch Barbecue. The "bar" is ancillary to the restaurant use and not intended solely for walk -in drink service. A condition of approval has been added to restrict liquor sales and service to dining events. Additionally, the plan shows several tables on the patio devoted to outdoor dining. Although outdoor dining is not normally restricted, the sales and service of liquor outdoors is. A "capture fence" is required enclosing any outdoor sales and service of liquor. The configuration of the patio is such that it would not be conducive to capture fencing and handicapped accessibility throughout the patio. A condition of a prohibiting outdoor alcoholic beverage service. approval has been added \ \mor_pri_sery \Department Share \Community Development \DEV PMTS \CU-'s PizzaWgenda Reports \PC . 4 b 04 Agenda Report 090127.doc P \2008 \2008 12 Garlic Jim Honorable Planning Commission January 27, 2009 Page 4 The applicant has not proposed specific hours of operation. Staff has added a condition of approval restricting the hours of operation from 10:00 a.m. to 12:00 a.m. (midnight). This is consistent with the permitted hours of operation of the shopping center, which are 5:00 a.m. to 12:00 a.m. Conditions are recommended by staff and the Police Department, to address security concerns associated with the service of alcoholic beverages. A condition has also been included which requires the applicant to file an application for a temporary use permit whenever the facility would be used for a special event or reception. This would ensure compatibility with the adjoining land uses while accommodating potential special events. Findings A. The proposed use is consistent with the intent and provisions of the City's General Plan, Zoning Ordinance, and other applicable regulations in that the Planning Director has determined that a restaurant with the sale of beer, wine and other alcoholic beverages for on -site consumption is an anticipated type of use consistent with the General Plan and Zoning. B. The proposed use is compatible with both existing and permitted land uses in the area in that this is an anticipated type of use where a restaurant with the sale of beer, wine and other alcoholic beverages for on -site consumption is not unexpected. C. The proposed use is compatible with the scale, visual character, and design of surrounding development in that the proposed use does not require any exterior modifications to the building. D. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or uses in that conditions are required to ensure proper control of the sale of beer, wine and other alcoholic beverages for on -site consumption. E. The proposed use would not be detrimental to the public interest, health, safety, convenience, or welfare in that conditions are required to ensure proper control of the sale of beer, wine, and other alcoholic beverages for on -site consumption. F. The use will not result in an over - concentration in the area of establishments selling alcoholic beverages. The proposal is enhancing a new establishment where such uses are traditionally anticipated, consistent with the land use development pattern of the City of Moorpark. G. The use will serve a public convenience in that the sale of beer, wine, and other alcoholic beverages for on -site consumption is an ancillary use to the restaurant. H. The use will not create the need for increased police services in that conditions are required to ensure proper control of the sale of beer, wine, and other alcoholic beverages for on -site consumption. \ \mor pri_sery \Department Share \Community Development \DEV PMTS \C U P\2008\2008 Agenda Report 090127.doc -12 Garlic Jim's Pizza\Agenda Reports \PC Honorable Planning Commission January 27, 2009 Page 5 1. The requested use at the proposed location will not adversely affect the economic welfare of the community. J. The exterior appearance of the structure will not be inconsistent with the external appearance of commercial structures already constructed or under construction on surrounding properties, or within the immediate neighborhood so as to cause blight, deterioration or substantially diminish property values within the neighborhood. PROCESSING TIME LIMITS Time limits have been established for the processing of development projects under the Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the Subdivision Map Act (Government Code Title 7, Division 2), and the California Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13, and California Code of Regulations, Title 14, Chapter 3). Under the applicable provisions of these regulations, the following timelines have been established for action on this project: Date Application Determined Complete: December 19, 2008 Planning Commission Action Deadline: March 19, 2008 Upon agreement by the City and Applicant, one 90 -day extension can be granted to the date action must be taken on the application. ENVIRONMENTAL DETERMINATION In accordance with the City's environmental review procedures adopted by resolution, the Community Development Director determines the level of review necessary for a proje ct to comply with the California Environmental Quality Act (CEQA). Some projects ma 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 b determined that there would be no possibility of significant effect upon the environm ent. e project which does not qualify for an exemption requires the preparation of an Initial to assess the level of potential environmental impacts. Study 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. \ \mor pri_sery \Department Share \Community Development \DEV PMTS \C U P\2008 \2008 -12 Garlic Jim's Pizza\Agenda Reports \PC Agenda Report 090127.doc Honorable Planning Commission January 27, 2009 Page 6 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 -2009- approving Conditional Use Permit 2008 -12. ATTACHMENTS: 1. Location Map 2. Aerial Photograph 3. Project Exhibits A. Floor Plan B. Seating /Equipment Plan C. Site Plan 4. Draft PC Resolution with Conditions of Approval w \ \mor pri_sery \Department Share \Community Development \DEV PMTS \C U P\2008\2008 -12 Garlic Jim's Pizza\Agenda Reports \PC Agenda Report 090127.doc i LOCATION MAP PC ATTACHMENT 1 =0024 AERIAL PHOTOGRAPH PC ATTACHMENT 2 Property Address: Cam us Plaza -6593 Collins DOOR PtLAN19 6 D19, Moorpark, California 93021 EXHIBIT "A" UREMEMTS (square ARE APPROXIMATE. PC ATTACHMENT 3.A. 1 )026 v 0 V �o FOXY'S GARLIC JIM'S GOURMET PIZZA 593 COLLINS DR STE D18 & D19 MOORPARK, CA 93021 PC ATTACHMENT 3.B. RMii M STANDARD OFFICE LEASE SITE PLAN Property Address: Campus Plaza - 6593 Collinsrk California 93021 PAGE 1 OF 1 INITIALS EXHIBIT "B" V999 - AIR COMMERCIAL REAL ESTATE ASSOCIATION PC ATTACHMENT 3.C. INITIALS FORM OFG- 1 -9/99E RESOLUTION NO. PC -2009- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2008 -12, A CONDITIONAL USE PERMIT TO ALLOW A FULL SERVICE RESTAURANT WITH BEER, WINE, AND OTHER ALCOHOLIC BEVERAGE SALES FOR ON- PREMISES CONSUMPTION AT 6593 COLLINS DRIVE, SUITES D18 AND D19, ON THE APPLICATION OF JOUDIE ALSAADY (GARLIC JIM'S PIZZA) WHEREAS, at a duly noticed public hearing on January 27, 2009, the Planning Commission considered Conditional Use Permit No. 2008 -12, to allow a full service restaurant with beer, wine, and other alcoholic beverage sales for on- premises consumption, at 6593 Collins Drive, Suites D18 and D19; and WHEREAS, at its meeting of January 27, 2009 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 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. CONDITIONAL USE PERMIT FINDINGS: Based upon the information set forth in the staff reports, accompanying studies, and oral and written public testimony, the Planning Commission makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.040: A. The proposed use is consistent with the intent and provisions of the City's General Plan, Zoning Ordinance, and other applicable regulations in that the Planning Director has determined that a restaurant with the sale of beer, wine and other alcoholic beverages for on -site consumption is an anticipated type of use consistent with the General Plan and Zoning. B. The proposed use is compatible with both existing and permitted land uses in the area in that this is an anticipated type of use where a restaurant with the sale of beer, wine and other alcoholic beverages for on -site consumption is not unexpected. C. The proposed use is compatible with the scale, visual character, and design of surrounding development in that the proposed use does not require any exterior modifications to the building. PC ATTACHMENT 4 Resolution No. PC -2009- Page 2 D. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or uses in that conditions are required to ensure proper control of the sale of beer, wine and other alcoholic beverages for on -site consumption. E. The proposed use would not be detrimental to the public interest, health, safety, convenience, or welfare in that conditions are required to ensure proper control of the sale of beer, wine, and other alcoholic beverages for on -site consumption. F. The use will not result in an over - concentration in the area of establishments selling alcoholic beverages. The proposal is enhancing a new establishment where such uses are traditionally anticipated, consistent with the land use development pattern of the City of Moorpark. G. The use will serve a public convenience in that the sale of beer, wine, and other alcoholic beverages for on -site consumption is an ancillary use to the restaurant. H. The use will not create the need for increased police services in that conditions are required to ensure proper control of the sale of beer, wine, and other alcoholic beverages for on -site consumption. 1. The requested use at the proposed location will not adversely affect the economic welfare of the community. J. The exterior appearance of the structure will not be inconsistent with the external appearance of commercial structures already constructed or under construction on surrounding properties, or within the immediate neighborhood so as to cause blight, deterioration or substantially diminish property values within the neighborhood. SECTION 2. APPROVAL OF PROJECT: The Planning Commission approves Conditional Use Permit No. 2008 -12 subject to the Conditions of Approval included in Exhibit A (Conditions of Approval), attached hereto and incorporated herein by reference. SECTION 3. FILING OF RESOLUTION: The Planning Director shall cause a certified resolution to be filed in the book of original resolutions. \ \mor pri_sery \Department Share \Community Development \DEV PMTS \C U P \2008 \2008 -12 Garlic Jim's Pizza \Resolutions \Reso 090127.doc Resolution No. PC -2009- Page 3 The action of the foregoing direction was approved by the following vote: AYES: NOES: ABSTAIN: ABSENT: PASSED, AND ADOPTED this 27th day of January, 2009. , Chair David A. Bobardt Planning Director Exhibit A — Conditions of Approval \ \mor pri_sery \Department Share \Community Development\DEV PMTS \C U P12008 \2008 -12 Garlic Jim's Pizza \Resolutions \Reso 090127.doc Resolution No. PC -2009- Page 4 EXHIBIT A CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT (CUP) NO 2008 12 1. The applicant's acceptance of this permit and /or commencement of construction and /or operations under this permit is deemed to be acceptance of all conditions of this permit. 2. The Conditions of Approval of this permit, City of Moorpark Municipal Code and adopted city policies at the time of the permit approval supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on plans. 3. Conditions of this entitlement may not be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. 4. The applicant shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning the permit, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37. The City will promptly notify the applicant of any such claim, action or proceeding, and if the City should fail to do so or should fail to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. a. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding, if both of the following occur: i. The City bears its own attorney fees and costs; ii. The City defends the claim, action or proceeding in good faith. b. The applicant shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the applicant. The applicant's obligations under this condition shall apply regardless of whether a building permit is ultimately obtained, or final occupancy is ultimately granted with respect to the permit. 5. If any of the conditions or limitations of this approval holding shall not invalidate any of the remaining condit o s or limos onsysetdforth t 6. The development must be in substantial conformance with the plans presented in conjunction with the application for Conditional Use Permit No. 2008 -12, except any modifications as may be required to meet specific Code standards or other conditions stipulated herein. £.'00, 2 \ \mor pri_sery \Department Share \Community Development\DEV PMTS \C U P \2008 \2008 -12 Garlic Jim's Pizza \Resolutions \Reso 090127.doc Resolution No. PC -2009- Page 5 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. Outdoor service and /or sales of alcoholic beverages are not permitted. Signs must be posted at the building exits indicating that customers may not leave the building with alcoholic beverages. 11. No person under the age of eighteen (18) shall serve or package alcoholic beverages. 12. Security personnel must be provided to monitor the exterior area(s) designated for use by customers of the facility 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 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 is for special events held by Moorpark -based non - profit groups. 13. 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 g ( )percent overhead on any such 14. All exterior areas of the site, including ll areas shall be maintained free of litter and debris at times. under use by the facility, 15. Conditional Use Permit No. 2008 -12 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. 16. 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. 17. Sales, service or consumption of alcoholic beverages allowed by this Conditional Use Permit are permitted only between the hours of 10:00 a.m. and 12:00 a.m. (Midnight). \ \mor pri_sery \Department Share \Community Development \DEV PMTS \C U P \2008 \2008 -12 Garlic Jim's Pizza \Resolutions \Reso 090127.doc Resolution No. PC -2009- Page 6 18. This premise is not licensed by ABC to operate as a bar or a nightclub and must maintain this premise as a restaurant. The quarterly gross sales of alcoholic beverages may not exceed 50% of the gross sales of food during the same period. The 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. 19. "Walk -in" alcohol service for non - restaurant patrons is not permitted at any time. Alcoholic beverages may only be sold /served to patrons of the facility during dining events. Food meal service must be available during all business hours that alcoholic beverages are sold. 20. Areas inside the establishment open to customers must be illuminated sufficiently to allow the identification of persons. 21. 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. The rear door must remain closed during business hours. 22. No exterior advertising of any kind or type is allowed promoting or indicating the availability of alcoholic beverages. Interior advertising displays for alcoholic beverages that are clearly visible to the exterior constitute a violation of this condition. 23. 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. 24. 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- \ \mor pri_sery \Department Share \Community Development\DEV PMTS \C u P \2008 \2008 -12 Garlic Jim's Pizza \Resolutions \Reso 090127.doc ITEM: 8.D. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: David A. Bobardt, Planning Director Prepared by Joseph Fiss, Principal Planner ; DATE: January 22, 2009 (PC Meeting of 1/27/2009) SUBJECT: Consider Zoning Ordinance Amendment No. 2008 -01, Request to Amend Title 17.40.110 of the Moorpark Municipal Code (Sign Regulations) to Create a New Category and Standards for Freeway - Oriented Pylon Signs in Commercial Retail Shopping Centers Of 50,000 Square Feet or Larger Within 150 Feet of a Freeway on the Application of Signs Pacific on Behalf of Campus Plaza. BACKGROUND /DISCUSSION On August 26, 2008, the Planning Commission considered the applicant's original request, filed on May 30, 2008, to allow pylon signs in commercial retail shopping centers of 50,000 square feet or larger in locations other than on Los Angeles Avenue and to increase the allowable height of pylon signs from twenty -four (24) feet to forty -two (42) feet. At that public hearing, the applicant provided new information that, in effect, changed the original request. The owners of Campus Plaza have made the request to amend the Zoning Ordinance specifically to allow construction of a 42 -foot high freeway- oriented pylon sign at their center on the southwest corner of Campus Drive and Collins Drive. The applicant has provided exhibits showing how such a sign may appear once installed. The tables below show the existing criteria for pylon signs and the proposed criteria for "Pylon freeway- oriented signs ". If this amendment is approved it would allow a large pylon sign not only at Campus Plaza, but also at the Warehouse Discount Center. Honorable Planning Commission January 27, 2009 Page 2 Existing Pylon Sign Standards Pylon signs for commercial retail shopping centers of 50,000 square feet or larger located on Los Angeles Avenue One -half (1/2) of the required front or street side setback area but no closer than four (4) feet from the property line, whichever is greater. Pylon signs along the same side of Los Angeles Avenue shall be no closer than five hundred (500) feet of one another. Proposed Freeway Oriented Signs Standards Pylon freeway- oriented signs for commercial retail shopping centers of 50,000 square feet, the boundary of which is located within 150 feet of a freeway One -half (1/2) of the required front or street side setback area but no closer than four (2) feet from the property line, whichever is greater. Pylon signs along such side of Los Angeles Avenue shall be no closer than one thousand (1000) feet of one another. Area: Three hundred (300) square feet. Height: Twenty -four (24) feet. Width: Twelve (12) feet. Area: One hundred fifty (150) square feet. Height: Forty -two (42) feet. Width: Fourteen (14) feet. Number: One (1) per street frontage. Sign Copy: Center name and the name of up to five (5) tenants. The center name shall not include any tenant name. For centers with theaters, changeable copy signage within the overall allowable sign square footage is permitted. Illumination: Internal, but no exposed neon lighting or exposed bulb lighting. Landscaping: A minimum twelve -foot by twelve -foot (12 x 12) wide landscaped planter area surrounding the sign base. Number: One (1) per street frontage. Sign Copy: Center name and the name of up to five (5) tenants. The center name shall not include any tenant name. For centers with theaters, changeable copy signage within the overall allowable sign square footage is permitted. Illumination: Internal, but no exposed neon lighting or exposed bulb lighting. Landscaping: A suitable landscaped planter area surrounding the sign base. f,A)(1136 \\mor pri_sery \Department Share \Community Development \DEV PMTSV 0 A\2008 \01 Signs Pacific\Agenda Reports \PC Agenda Report 090127.doc Honorable Planning Commission January 27, 2009 Page 3 ANALYSIS As noted in the August 26, 2008, Planning Commission report, a better solution than a pylon sign for additional signage would be to direct the applicant to amend the approved sign program to allow limited signage on the tower element facing the freeway. The Sign Ordinance allows the Planning Director to amend a sign program for signs deviating from the provisions of the ordinance or any limitations imposed upon the use or general design of the sign and may authorize modifications from the permitted sign area, height or setback requirements. This provision allows the Planning Director the ability to approve the use of the existing structure for signage purposes As evidenced by the applicant's exhibits, wall signs on the tower element would be equally effective and would not have the negative effect of creating a large and obtrusive pylon sign in the shopping center. PROCESSING TIME LIMITS This project consists of a Zoning Ordinance Amendment, which is a legislative act and is not subject to state processing time limits. 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. The Planning Director has reviewed this project and found it to qualify for a General Rule Exemption in accordance with Section 15061(b)(3) of 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 -2009- recommending to the City Council denial of Zoning Ordinance Amendment No. 2008 -01. ATTACHMENTS: 1. Location Map 2. August 26, 2008 Agenda Report Without Attachments 3. Sign Exhibits 4. Draft PC Resolution 4r, 003', S: \Community Development \DEV PMTS\Z 0 A\2008 \01 Signs Pacific\Agenda Reports \PC Agenda Report 090127.doc Honorable Planning Commission January 27, 2009 Page 4 � n O N v Campus PArk St i t± $3121 Moorpa C . Corhly'" ais ice: Dbbt k}.ip Ppd,Kts LOCATION MAP OF APPLICANT'S SHOPPING CENTER 4--, PC ATTACHMENT 1 4-4)03S \\mor_pri_sery \Department Share \Community Development\DEV PMTS\Z O A\2008 \01 Signs Pacifc\Agenda Reports \PC Agenda Report 090127.doc MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: David A. Bobardt, Planning Director Prepared by Joseph Fiss, Principal lanne DATE: July 28, 2008 (PC Meeting of 8/26/08) SUBJECT: Consider Zoning Ordinance Amendment No B Amend Title 17.40.110 of the Moorpark Municipal , aC Request to Regulations) to Allow Pylon Signs in Commercial Retail Sh (Sign Centers of 50,000 Square Feet or Larger in Locations Other hopping Los Angeles Avenue and to Increase the Allowable Height Than on Signs from Twenty -Four (24) Feet to Forty-Two t of Pylon Application of Signs Pacific on Behalf of Campus Plaza) Feet on the BACKGROUND On May 30, 2008, an application was filed requesting an in Section 17.40.110 (Sign Regulations) to allow pylon signs other Avenue. This request was filed la Signs Pacific n than on Los Angeles amendment to change the Matrix Plaza Shopping Center, who would like to construct a 42 -foot hihe owners of the Campus sign at their center on the southwest corner of Campus Drive a Collins Drive ghfveeway- oriented pylon DISCUSSION and In 2005, as part of its consideration of a comprehensive s' Planning Commission discussed freeway - oriented pylon signs. Public hearing by the owner of the Campus Plaza sign ordinance revision the part is the project. The Planning Commission The issue was raised at the at the time, who wanted a pylon sign as Angeles n recommended that freeway- oriented pylon signs be permitted, and that new pylon signs along Los An City Council rejected this recommendation and retained the allowing g Avenue be prohibited. The 9 pylon signs only in commercial retail shopping centers of 50,0100 sign provision larger located on Los Angeles Avenue. square feet or The Moorpark Municipal Code defines "pylon sign" as a freestanding sign, other than a monument sign, in which the sign face is separated from ground level b or more supports such as poles pole covers or columns. Currently, the Zoning Code allows such signs to be a maximum of twenty -four (24 feet h' y means of one (1) high, and three - hundred (300) PC ATTACHMENT 2 Honorable Planning Commission August 26, 2008 Page 2 square feet in area. The only existing sign in the City that exceed this height is the Moorpark Marketplace sign which, at 66 feet tall, was subject to specific plan regulations and a settlement agreement. The Sign Ordinance does not contain criteria for "Freeway Oriented Signs ", nor has any such criteria been proposed by the applicant. This request is explicitly to modify the existing code to allow a specifically proposed sign at one location. The table below shows the changes to the Sign Ordinance necessary to allow the proposed sign. If this amendment is approved it would allow a large pylon sign not only at Campus Plaza, but also at the Mountain Meadows Shopping Center and Warehouse Discount Center center, and would allow all commercial retail shopping centers on Los Angeles Avenue over 50,000 square feet to propose pylon signs up to forty -two (42) feet in height . 2. Pylon signs for commercial retail shopping centers of 50,000 square feet or larger lesated ems ANALYSIS One -half (1/2) of the required front or street side setback area but no closer than four (4) feet from the property line, whichever is greater. Pylon signs ales -toe sam"ide- 4- 'Rgele� shall be no closer than five hundred (500) feet of one another. Area: Three hundred (300) square feet. Height: Twenty -fe Forty -T_ w, o (42) feet. Width: Thirteen and One -Third (13.33) feet. Number: One (1) per street frontage. Sign Copy: Center name and the name of up to five (5) tenants. The center name shall not include any tenant name. For centers with theaters, changeable copy signage within the overall allowable sign square footage is permitted. Illumination: Internal, but no exposed neon lighting or exposed bulb lighting, Landscaping: A minimum twelve -foot by twelve -foot (12 x 12) wide landscaped planter area surrounding the sign base. The Campus Plaza center was developed in 2006 and 2007 as a neighborhood shopping center to serve the needs of the local community and was not designed to be freeway oriented, even though parts of it are visible from the 118 Freeway. At the time the project was designed and developed, it was clear that pylon signs would not be allowed, and the Property was developed accordingly. As required by the project conditions of approval, a complete sign program was submitted by the developer and approved by the City. The sign program provided designs for monument signs and wall signs appropriate for a neighborhood shopping center. \\nor pri sery \City Share \Community Development\DEV PMTS\Z 0 A\2008 \01 Signs Pacific\Agenda Reports \PC Agenda Report 080828.doc Honorable Planning Commission August 26, 2008 Page 3 A better solution than a pylon sign for additional signage would be to direct the a lic file an Administrative Exception to amend the a pp ant to signage on the tower element facing the freeway. The Sign Ordinance allows the Planning Director to grant an administrative exception for signs deviating from the provisions of ing ordinance or any limitations imposed upon the use or general design of the sign and may authorize modifications from the permitted sign area, height or setback requirements provision allows the Planning Director the ability to aprove the use of for signage purposes As evidenced by the applic nt's exhibits, wall hs gnssofngther . This ucture tower element would be equally effective and would not have the negative effect of creating a large and obtrusive pylon sign in the shopping center. a PROCESSING TIME LIMITS This project consists of a Zoning Ordinance Amendment, which is a legislative act not subject to state processing time limits. and is ENVIRONMENTAL DETERMINATION In accordance with the City's environmental review procedures adopted by resolution Planning Director determines the level of review necessary for a project to Comply wi the California Environmental Quality Act (CEQA). Some projects maybe exempt from e the based upon a specific category listed in CEQA. Other projects may bee exempt der a m t un view 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 w does not qualify for an exemption requires the preparation of an Initial Study o asses hick level of potential environmental impacts. s the The Planning Director has reviewed this project and found it to qualify for a Gener al Rule Exemption in accordance with Section 15061(b)(3) of California Code of Re (CEQA Guidelines). No further environmental documentation is required. gu lations STAFF RECOMMENDATION 1 . Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC -2008- Zoning Ordinance Amendment No. 2008 -01 mending to the City Council denial of ATTACHMENTS: 1. Location Map 2. Aerial Photograph 3. Sign Exhibits 4. Draft PC Resolution S: \Community Development\DEV PMTS\Z O A\2008 \01 Signs Pacific\Agenda Reports \PC Agenda Report 080826.doc 1_'0041 SIGN EXHIBITS (under separate cover) PC ATTACHMENT 3 ;� X0042 RESOLUTION NO. PC -2009- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING DENIAL OF ZONING ORDINANCE AMENDMENT NO. 2008 -01, A REQUEST TO AMEND TITLE 17.40.110 OF THE MOORPARK MUNICIPAL CODE (SIGN REGULATIONS) TO CREATE A NEW CATEGORY AND STANDARDS FOR FREEWAY- ORIENTED PYLON SIGNS IN COMMERCIAL RETAIL SHOPPING CENTERS OF 50,000 SQUARE FEET OR LARGER WITHIN 150 FEET OF A FREEWAY ON THE APPLICATION OF SIGNS PACIFIC ON BEHALF OF CAMPUS PLAZA. WHEREAS, at duly noticed public hearings on August 26, 2008 and January 27, 2009, the Planning Commission considered Zoning Ordinance Amendment No. 2008- 01, a request to Amend Title 17.40.110 of the Moorpark Municipal Code (Sign Regulations) to Create a New Category and Standards for Freeway- Oriented Pylon Signs in Commercial Retail Shopping Centers Of 50,000 Square Feet or Larger Within 150 Feet of a Freeway on the Application of Signs Pacific on Behalf of Campus Plaza; and WHEREAS, at its meeting of August 26, 2008, 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 continued the public hearing; and WHEREAS, at its meeting of January 27, 2009, the Planning Commission considered the agenda report and any supplements thereto and written public comments; closed 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 it qualifies for a General Rule Exemption in accordance with Section 15061 of California Code of Regulations (CEQA Guidelines). NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission recommends denial of Zoning Ordinance Amendment No. 2008 -01 to the City Council. SECTION 2. FILING OF RESOLUTION: The Planning Director shall cause a certified resolution to be filed in the book of original resolutions. PC ATTACHMENT 4 �� 10 43 11, Resolution No. PC -2009- Page 2 The action of the foregoing direction was approved by the following vote: AYES: NOES: ABSTAIN: ABSENT: PASSED, AND ADOPTED this 27th day of January, 2009. Chair David Bobardt Planning Director \ \mor pri_sery \Department Share \Community Development\DEV PMTS\Z O A \2008 \01 Signs Pacific \Reso and Ord \PC Reso 090127.doc a�iU44 Resolution No. PC -2009- Page 2 The action of the foregoing direction was approved by the following vote: AYES: NOES: ABSTAIN: ABSENT: PASSED, AND ADOPTED this 27th day of January, 2009. Chair David Bobardt Planning Director SACommunity Development\DEV PMTS\Z O A\2008 \01 Signs Pacific\Reso and Ord \PC_Reso 090127.doc 0045 ITEM: 9.A. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: David A. Bobardt, Planning Director DATE: January 6, 2009 (PC Meeting of 1/27/2009) SUBJECT: Consider Regular Meeting Schedule, Time and Place BACKGROUND Section 12.1 of Resolution No. PC- 2006 -507 (Rules of Procedure for Commission Meetings and Related Functions and Activities), states that the Planning Commission shall hold regular monthly or bi- monthly meetings as determined by the Commission. As this is the first meeting of 2009, it is appropriate to set the Planning Commission calendar for the year. Moorpark Municipal Code Section 2.36.100 deems a regular meeting to be one that is set by law, rule of the Planning Commission, or any regularly advertised public hearing. DISCUSSION Planning Commission regular meetings for the past four years have been held the fourth (4th) Tuesday of each month, starting at 7:00 meetings as needed to accommodate heavier work loads, olrhto additional ddress Permit Streamlining Act constraints. Staff recommends that this schedule be maintained through 2009. A calendar reflecting this recommendation is attached. The calendar also indicates the dates of regularly scheduled City Council meetings for reference. STAFF RECOMMENDATION Approve the 2009 regular meeting schedule of the fourth (4th) Tuesday of each month starting at 7:00 p.m. at the Moorpark City Hall Community Center, 799 Moorpark Avenue, Moorpark, CA 93021. ATTACHMENT: 1. Recommended Regular Planning Commission Meeting Calendar \ \mor_pri_sery \Department Share \Community Development \PLANNING COMMISSION \P C POLICIES \agenda reports \2009 \pc 0901 27 pc calendar.doc COMMUNITY DEVELOPMENT DEPARTMENT 2009 REGULAR MEETING SCHEDULE 1 2 3 `'1 = 1 2 3 4 5 6 8 8 9 10 11 12 13 14 15 16 17 18 19 20 22 22 23 24 25 26 28 29 30 31 1 2 3 `'1 = 2 3 4 5 6 7 8 9 10 11 12 13 14,; 14 16 17 18 19 20 21 22 23 24 25 26 1 27 29 1 30 31 31 1 2 3 ;' 2 3 4 5 6 7 8 9 10 11 12 13 14;; 14 16 17 18 19 20 21 22 23 24 25 26 27 29 30 1 31 31 1 2 3 ;' 1 2 3 8 5 6 T' 8 9 10 $2526 2 13 14 15 16 17 22 9 20 21_< 22 23 24 24 25 28 29 30 31 1 2 3 ;' 5 6 7 8 9 10 11 12 13 14 15 16 17 1><.' 19 20 21 22 23 19 25 26 27 28 1 2 3 ;' S 1 2 3 4 5 ; 7 8 9 10 11 12 13 14 15 16 17 18 19 ,_},: 21 22 23 24 25 30 27 28 29 30 31 31 1 2 3 ;' S 6 1 2 3 4{• ; 6 7 8 9 10 11 12 13 14 15 16 17 18 18 20 21 22 23 24 30 26 27 28 29 30 31 1 2 3 ;' S 6 7 8 9 10 11 12 13 14 15 16 17 1$;, 19 20 21 22 23 22 25 26 27 28 29 30 30 30 31 PLANNER STAFF MTGS. Day after City Council 8:00 AM PC ATTACHMENT 1 1 2 8 9 15 16 22 23 29 30 3 z 5 6 7 10 11 12 13 14 17 19 20 21 25 26 27 28 31 DEVELOPMENT REVIEW 2ND & 4T" Thursdays ,10 :00 AM `JO04 7 1 2 i 4 5 6 7 8 9 10 11 12 13 14 15 16 <= 18 19 20 21 22 22 24 25 26 27 28 29 30 30 31 DEVELOPMENT REVIEW 2ND & 4T" Thursdays ,10 :00 AM `JO04 7 1 i 3 4 5 6 7 8 9 10 11 12 13 14 15 it 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 DEVELOPMENT REVIEW 2ND & 4T" Thursdays ,10 :00 AM `JO04 7 3 4 5 6 7 8 9 10 11 12 13 14 15 it 17 18 19 20 21 23 24 25 26 27 28 29 30 31 DEVELOPMENT REVIEW 2ND & 4T" Thursdays ,10 :00 AM `JO04 7 ITEM: 10.A. MINUTES OF THE PLANNING COMMISSION A Regular Meeting of the Planning Commission of the City of Moorpark was held on November 25, 2008, in the Council Chambers of said City located at 799 Moorpark Avenue; Moorpark, California. 1. CALL TO ORDER: Chair Peskay called the meeting to order at 7:07 p.m. 2. PLEDGE OF ALLEGIANCE: Captain Ron Nelson, Moorpark Police Department, led the Pledge of Allegiance. 3. ROLL CALL: Present: Planning Commissioners Di Cecco, Vice Chair Hamous, and Chair Peskay. Absent: Commissioner Landis, and Commissioner Taillon. Staff Present: David Bobardt, Plannin g Director; Joseph Fiss, Principal Planner, Freddy Carrillo, Assistant Planner I; and Joyce Figueroa, Administrative Assistant. 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: Mr. Bobardt thanked the Planning Commission for their service, as this was their last meeting for this year. 5. PUBLIC COMMENT: None. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS AND REPORTS ON MEETINGS /CONFERENCES ATTENDED BY THE COMMISSION: (Future agenda items are tentative and are subject to rescheduling.) }?0048 Minutes of the Planning Commission A. Future Agenda Items: i. Rescinding Toll Mazur DA, GPA, ZC ii. CUP and IPD for Pacific Pride Fueling Station iii. CUP for National Ready Mix Mr. Bobardt briefly discussed the future agenda items. 8. PUBLIC HEARINGS: (next Resolution No. PC- 2008 -538) Chair Taillon arrived at 7:18 p.m. walnut Street on the A lication of R_ (Mond Vo bur er.c (Continued from October 14, 2008 Adjourned Regular Meeting) Staff Recommendation: 1) Continue accepting public testimony and close the public hearing; 2) Adopt Resolution No. PC- 2008 -538 conditionally approving Conditional Use Permit No. 2008 -07. (Staff: Freddy Carrillo) Mr. Carrillo gave the staff report. A discussion followed among Commissioners and staff as to whether the City has restrictions on the sale of alcohol beverage sales within a certain distance of a church, restrictions regarding outside smoking on the patio area and in front of the building, discussion regarding air conditioning, ventilation, and filtration, and restricting the hours of business on Sunday mornings while there are church services. Chair Peskay opened the Public Hearing. Raymond Vorburger, applicant, discussed the project and stated there is no intention of any off -site or outside consumption of alcohol, there will be a designated area on the inside for consumption of alcohol and cigars. has plans to ventilate the building He . The business is designed to sample cigars, wine, and beer for the purpose of purchasing the wine, beer, and cigars for the enjoyment at residence homes. The business is not a club or a bar. It will have games, chess, and a sports channel. The business is designed for retail sales. He can also work something out to open later on Sunday mornings. A discussion followed among Commissioners and the applicant regarding the primary focus of the business; to sell premium wine, beer, and cigars. S: \Community Development\PLANNING COMMISSION \MINUTES \2008 \08_1125_pcm.doc a'-' 0 4 9 Minutes of the Planning Commission A J. Richard Leyner, representative of the LLC that owns the property, spoke in support of the project and available to answer any questions. Mr. Bobardt stated there were two Written Statement cards in support of the project. Chair Peskay closed the Public Hearing. The Commission asked staff if there are any guidelines for wine- tasting as opposed to a retail shop that is going to let you taste the product before You purchase it, and if there are any conditions to filtering the smoke products from the unit before it leaves the building. The Commission recommended that staff include in the language conditions regarding no outdoor smoking or drinking, time restriction on Sunday morning hours of 12:30 p.m. — 8:00 p.m., and a ventilation /filtration system. MO: Vice Chair Hamous moved and Commissioner Di Cecco seconded a motion to adopt Resolution No. PC- 2008 -538, approving Conditional Use Permit No. 2008 -03, subject to conditions. The motion o carried by voice vote 4-0, Commissioner Landis absent. The Planning Commission has final approval authority for this project. B. Consider Conditional Use Permit No. 2007 -01 _ A RAni nocn+ +_ 1 u, GCS wmmunication LLC for Metro PCS Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; 2) Adopt Resolution No. PC- 2008 -539 approving Conditional Use Permit No. 2007 -01. (Staff: Freddy Carrillo) Mr. Carrillo gave the staff report. A discussion followed among Commissioners and staff regarding the request for an above ground vault structure, and why allow above ground now. The Commission also questioned staff if there any restrictions with Southern California Edison in relocating the pole, and the potential to move it by the cul -de -sac, farther away from the property line. Chair Peskay opened the Public Hearing. SACommunity Development \PLANNING COMMISSION \MINUTES \2008 \08_1125_pcm.doc Minutes of the Planning Commission In response to Chair Peskay, Mr. Bobardt stated there were no speaker cards for this item. Chair Peskay closed the Public Hearing. The Commission requested that staff amend Special Condition Number five, on stamp page 30, to read all equipment necessary for the operation of the telecommunication facility must be located in an underground vault, as far from residential property lines as feasible. MO: Commissioner Di Cecco moved and Vice Chair Hamous seconded a motion to adopt Resolution No. PC- 2008 -539, approving Conditional Use Permit No. 2007 -01, subject to conditions. The motion carried by voice vote 4 -0, Commissioner Landis absent. The Planning Commission has final approval authority for this project. r Tall Monopine" WIrP,less QoMm r Water Works Reservoir District I t.qn..tl- ��•� .,��,►� dna 5unn sloe Place on the A lication of Vince Ana(a for VPrizon Wirelee.n �� �,��J. Staff Recommendation: 1) Open the public hearing, accept public testimony; 2) Continue the case with the public hearing open to January 27, 2009. (Staff: Freddy Carrillo) Mr. Bobardt requested a continuance of this Public Hearing open to the January 27, 2009 meeting. Chair Peskay opened the Public Hearing. In response to Chair Peskay, Mr. Bobardt stated there were no speaker cards for this item. In response to Chair Peskay, Mr. Bobardt summarized the one written statement card in opposition of the project. Commissioner Di Cecco moved and Commissioner Taillon seconded a motion to continue this Public Hearing open to the January 27 2009, Regular Commission meeting. The motion carried by voice vote 4:0, Commissioner Landis absent. The Planning Commission has final approval authority for this project. S:1Community Development\PLANNING COMM ISSIONWINUTES 12008\o8_1125_pcm.doc t-} 0 l Minutes of the Planning Commission A 10, a CUP the A lication of vThoma!- Farle Chron c mTaco Indust es ark Staff nn Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; 2) Adopt Resolution No. PC- 2008 -540 approving Conditional Use Permit No. 2008 -10. (Staff: Joseph Fiss) Mr. Fiss gave the staff report. A discussion followed among Commissioners and staff regarding if the applicant has proposed any outdoor seating, requirements for additional parking, current parking requirements for restaurants, and does the City keep a tally of how many parking spaces being used. Chair Peskay opened the Public Hearing. Tom Farley, Chronic Tacos, discussed the project and expressed his excitement to be opening in Moorpark. Marisa Morgan, Chronic Tacos, spoke in favor of the project and is working with Moorpark College, Moorpark High, and Moorpark Junior High about fundraiser nights for the community to bring back money to the schools. Terry Adams, Told Partners, spoke in favor of the project and excited about Chronic Tacos coming in and stated it is a great fit for the center. Linda Brown, Told Partners, spoke in favor of the project and stated Chronic Tacos is another avenue for revenue to invite those that might want to come in. In response to Chair Peskay, Mr. Bobardt stated there were no written statement cards. Chair Peskay closed the Public Hearing. MO: Commission Taillon moved and Vice Chair Hamous seconded a motion to adopt Resolution No. PC- 2008 -540, approving Co No. 2008 -10, subject to conditions. The motion carried bytiooice vote 4-0, Commissioner Landis absent. The Planning Commission has final approval authority for this project. S:\Community Development\PLANNING COMM ISSIONIMINUTES 12008108_1125_pcm.doc Minutes of the Planning Commission 11A___._ 9• DISCUSSION ITEMS: 0 Commission Meeting Staff Recommendation: Direct staff to post a notice of meeting cancellation for the December 23, 2008 regular meeting. (Staff: David Bobardt) Mr. Bobardt gave the staff report. By consensus, the Commission approved staff's recommendation. 10• CONSENT CALENDAR: I,1 • L kjul I flau rle uiar Meetin Minutes of October 14 Staff Recommendation: Approve the minutes. Chair Peskay stated he would abstain from voting on this item as he was absent from the October 14, 2008, Adjourned Regular Meeting. MOON: Commissioner Di Cecco moved and Vice Chair Hamous seconded motion to approve the minutes of the Adjourned Regular Meeting of October 14 2008. The motion carried by voice vote 3 -0, Commissioner Landis Chair Peskay abstaining. absent and B. rr nQir4,Mr . .. Staff Recommendation: Approve the minutes. mutes of October 14 Chair Peskay stated he would abstain from voting on this item as he was absent from the October 14, 2008, Special Meeting. MOTION: Commissioner Di Cecco moved and Vice Chair Hamous seconded motion to approve the minutes of the Special Meeting of October 14, 2008. The motion carried by voice vote 3 -0, Commissioner Landis absent and Chair Peskay y 11. ADJOURNMENT: MOTION: Commissioner Di Cecco moved and Commissioner Taillon motion to adjourn. The motion carried by unanimous voice vote. The time seconded s 8: a P.m. as 8:19 David A. Bobardt, Planning Director SACommunity Development \PLANNING COMMISSION \MINUTES \2008 \08_1125_pcm.doc Chair "1 €1053