HomeMy WebLinkAboutAG RPTS 2004 1116 PC REGResolution No. PC- 2004 -464
PLANNING COMMISSION
REGULAR MEETING AGENDA
TUESDAY - November 16, 2004
7:00 P.M.
Moorpark Community Center 799 Moorpark Avenue
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS:
5. REORDERING OF, AND ADDITIONS TO THE AGENDA:
6. CONSENT CALENDAR:
A. Regular Meeting Minutes of July 20, 2004.
B. Regular Meeting Minutes of August 3, 2004.
7. PUBLIC COMMENTS:
Any member of the public may address the Commission during the Public Comments portion
of the Agenda, unless it is a Public Hearing or a Discussion item. Speakers who wish
to address the Commission concerning a Public Hearing or Discussion item must do so
during the Public Hearing or Discussion portion of the Agenda for that item. Speaker
cards must be received by the Secretary for Public Comment prior to the beginning of
the Public Comments portion of the meeting and for Discussion items prior to the
beginning of the first item of the Discussion portion of the Agenda. Speaker Cards for
a Public Hearing must be received prior to the beginning of the Public Hearing. A
limitation of three minutes shall be imposed upon each Public Comment and Discussion
item speaker. A limitation of three to five minutes shall be imposed upon each Public
Hearing item speaker. Written Statement Cards may be submitted in lieu of speaking
orally for open Public Hearings and Discussion items. Copies of each item of business
on the agenda are on file in the office of the Community Development
Department/ Planning and are available for public review. Any questions concerning any
agenda item may be directed to the Community Development Department at 517 -6233.
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Planning Commission Agenda
November 16, 2004
Page No. 2
8. PUBLIC HEARINGS:
(next Resolution No. 2004 -464)
A. Consider Conditional Use Permit No. 2004 -03, for the
Construction of a Fifty -Foot (501) High Monopine
Wireless Communication Facility and Accessory
Equipment, Located at 15689 Campus Park Drive, on the
Ventura County Waterworks District No. 1 Moorpark
College Water Tank Site, on the Application of Tetra
Tech, Inc. for Nextel (APN: 500 -0 -281 -405)
Staff Recommendation: 1) Open the public hearing,
accept public testimony and close the public hearing;
2) Adopt Resolution No. PC -2004- approving
Conditional Use Permit No. 2004 -03.
B. Consider Zoning Ordinance Amendment No. 2004 -05, a
Request to Amend Chapter 17.74 of the Moorpark
Municipal Code Relating to the Development Standards
of Specific Plan No. 2; and Residential Planned
Development Nos. 2004 -01, -02, and -03, for
Construction of a Total of 133 Single - Family Detached
Residential Units and 99 Condominium Units within
Specific Plan No. 2, Located Approximately One -half
Mile North of the Northerly Terminus of Spring Road
and Three - fourths of One Mile East of Walnut Canyon
Road, on the Application of Pardee Homes. (Assessor
Parcel Numbers: Portions of 500 -0- 270 -07, 500- 0 -027-
08, 500 -0- 270 -19, 500 -0- 270 -20, 500 -0- 024 -03, 500 -0-
024-04, 500 -0- 024 -22, 500 -0- 024 -23)
Staff Recommendation: Open the public hearing, and
continue this item with the public hearing open to the
next regular meeting of the Planning Commission of
December 7, 2004.
C. Consider Tentative Parcel Map No. 5494 to Subdivide
One 38.6 -Acre Open Space Lot into Two Lots to Create a
1.4 -Acre Lot for a Water Pump Station, and a 37.2 -Acre
Lot for Continued Use as Open Space, Located on the
East Side of Spring Road, South of New Los Angeles
Avenue, on the Application of Perliter & Ingalsbe
(for Calleguas Municipal Water District)
Staff Recommendation: 1) Open the public hearing,
accept public testimony and close the public hearing;
2) Adopt Resolution No. PC -2004- approving
Tentative Parcel Map No. 5494.
Planning Commission Agenda
November 16, 2004
Page No. 3
D. Consider Conditional Use Permit No. 2004 -04, a Request
for a Master Conditional Use Permit to Allow a Maximum
of Four (4) Restaurant Uses to Serve Alcoholic
Beverages in Conjunction with Food Service at the LA
Spring Shopping Center (CPD No. 2002 -01), Located at
the Northeast Corner of New Los Angeles Avenue and
Spring Road, on the Application of GreeneWay
Development, Inc.
Staff Recommendation: 1) Open the public hearing,
accept public testimony and close the public hearing;
2) Adopt Resolution No. PC -2004- approving
Conditional Use Permit No. 2004 -04, subject to
conditions.
9. DISCUSSION ITEMS:
A. Consider Resolution Adopting Revised Rules of Procedure
for Commission Meetings and Related Functions and
Activities, and Rescinding Resolution No. PC- 2002 -430
Staff Recommendation: Adopt Resolution No. PC -2004-
amending Rules of Procedure for Commission
Meetings and Related Functions and Activities, and
rescinding Resolution No. PC- 2002 -430.
10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
(Future agenda items are tentative and are subject to rescheduling.)
A. December 7, 2004 Planning Commission Meeting:
• Possible Continued Public Hearing for Pardee
Residential Planned Developments and Zoning
Ordinance Amendment
B. December 21, 2004 Planning Commission Meeting:
• Possible cancellation
11. ADJOURNMENT:
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In compliance with the Americans with Disabilities Act, if you need special
assistance to review an agenda or 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).
ITEM: 6.A.
Planning Commission, City of Moorpark, California
Minutes of July 20, 2004
Page 1
1 The Regular meeting of the Planning Commission was held on July
2 20, 2004, in the City Council Chambers; Moorpark Civic Center;
3 799 Moorpark Avenue; Moorpark, California; 93021.
4 1. CALL TO ORDER:
5 Chair Pozza called the meeting to order at 7:03 p.m.
6 2. PLEDGE OF ALLEGIANCE:
7 Commissioner DiCecco led the Pledge of Allegiance.
8 3. ROLL CALL:
9 Commissioners DiCecco and Landis, Vice Chair Lauletta and
10 Chair Pozza were present. Commissioner Peskay was absent.
11 Staff attending the meeting included Barry Hogan, Community
12 Development Director; David Bobardt, Planning Manager; Paul
13 Porter, Principal Planner and Gail Rice, Administrative
14 Secretary.
15 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS:
16 None.
17 5. REORDERING OF, AND ADDITIONS TO THE AGENDA:
18 None.
19 6. CONSENT CALENDAR:
20 A. Regular Meeting Minutes of June 15, 2004.
21 Commissioner DiCecco abstained from any comments or
22 motions on the minutes as he was absent from the June
23 15, 2004 meeting.
24 MOTION: Vice Chair Lauletta moved and Commissioner
25 Landis seconded a motion that the Planning Commission
26 Meeting Minutes of June 15, 2004, be approved.
27 (Motion carried with a unanimous 3:0 voice vote,
28 Commissioner Peskay absent, Commissioner DiCecco
29 abstained.)
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Planning Commission, City of Moorpark, California
Minutes of July 20, 2004
Pacfe 2
1 7. PUBLIC COMMENTS:
2 Raymond M. Hebel, resident, commented on the 118 Bypass not
3 going forward, and asked if consideration could be given to
4 the installation of a sound barrier wall for homes that
5 back up to 118, that could be paid for by development fees.
6 8. PUBLIC HEARINGS:
7 (next Resolution No. 2004 -463)
8 A. Consider Commercial Planned Development No. 2004 -01
9 for the Construction of a 131,745 Square Foot Shopping
10 Center Located on the Southwest Corner of New Los
11 Angeles Avenue and Miller Parkway on the Application
12 of Nearon Enterprises, LLC, Assessor Parcel No. 512 -0-
13 260 -025
14 Staff Recommendation: Open the public hearing, take
15 testimony, provide direction to staff and continue the
16 agenda item with the public hearing open to September
17 7, 2004.
18 Paul Porter presented the agenda report.
19
Mr. Hogan commented that the applicant would like the
20
project presented to the City Council in September
21
2004, which would require the Commission to hold a
22
special meeting in one week or continue the item to
23
the next regular Planning Commission meeting on August
24
3, 2004.
25
The Commission questioned staff on their reference to
26
the Carlsberg EIR and project impacts, the number of
27
trees in the parking lot being increased by 650,
28
whether a traffic study had been performed for this
29
project, trees planted near the Cantara tract for
30
screening, the project's layout not being pedestrian -
31
friendly, preference for a court yard layout and a
32
second traffic study to address stacking.
33 Commissioner DiCecco disclosed that he met with the
34 applicant on Friday, July 16, 2004 and Vice Chair
35 Lauletta disclosed that he met with the applicant once
36 during the week of July 11, 2004each, to discuss this
37 project.
38 Chair Pozza opened the public hearing.
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Planning Commission, City of Moorpark, California
Minutes of July 20, 2004
Paae 3
1
Mark Armbruster, applicant's representative, commented
2
on the challenges faced with design of the project,
3
and that the traffic consultant, engineers, and
4
landscape consultant were available to answer
5
questions.
6
Mark Ossola, applicant's representative and developer
7
for this project, commented that the project was
8
designed for long term and quality tenants. He stated
9
that letters of intent had been signed by Petco,
10
Staples and Chick Sporting Goods and Merchandise. He
11
expressed interested in small specialty shops and
12
"white table cloth" restaurants. He commented that he
13
is in competition for tenants with Thousand Oaks and
14
Simi Valley.
15
The Commission questioned Mr. Ossola on whether or not
16
he was familiar with the design of the Calabasas
17
Commons.
18
John Parezo, applicant's representative and architect
19
for the project stated that he was challenged with
20
this site and terrain. He commented on his attempt to
21
add connecting paths, diversity in public places by
22
the addition of awnings, stone columns and stonework
23
around archways, and that he was available for
24
questions.
25
Bill Chamberlain, applicant's representative and
26
engineer for the project commented that he was
27
available for questions.
28
The Commission questioned the applicant on the height
29
of the retaining wall close to the Arroyo and Los
30
Angeles Avenue.
31
Jerry Overland, applicant's representative, stated
32
that he prepared the traffic study and was available
33
for questions.
34
Jim Ridge, applicant's representative and landscape
35
architect for the project, stated he was available for
36
questions. He commented on various projects he had
37
designed and his involvement with the Homeowner's
38
Association to screen the project from the residences.
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Planning Commission, City of Moorpark, California
Minutes of July 20, 2004
Paae 4
1 The Commission asked Mr. Ridge whether he would be
2 including a waterfall (softscape) similar to his other
3 projects.
4 Mr. Hogan commented on the past preliminary plans to
5 install water features and the wall on the western
6 property line.
7
Alice Landavaso, resident, questioned the intensity of
8
the lighting and commented on Moorpark Marketplace
9
leaving their lights on all night. She also commented
10
on maintenance of the graffiti under the bridge at the
11
Arroyo.
12
Mr. Hogan commented on the lights at Target in the
13
Moorpark Marketplace, which was approved prior to the
14
City's change in lighting standards. He stated the
15
lights would be reviewed by staff, and that screening
16
and shielding of the lights were required. Staff
17
would investigate the potential of adding timers and
18
reduced lighting after closing hours. He commented
19
that the Arroyo is not city property but would see
20
what, if anything, the City could do regarding the
21
graffiti issue.
22
Mark Brown, resident, commented on potential noise
23
from the air - conditioning units if roof - mounted, and
24
requested a measurement of the noise be taken at the
25
property lines.
26
Mr. Hogan commented on the large setback of the
27
buildings and current air - conditioner styles. He
28
stated that the units along Patriot may require noise
29
baffles.
30
The Commission commented on the effect of sixty -five
31
percent (65 %) shade coverage requirement, which would
32
offer screening of the center from the residences. The
33
Commission encouraged the applicant to design the
34
areas adjacent to the proposed restaurants as
35
gathering spots.
36
Mr. Ossola commented that he would work with the
37
residents, and review the site from their back yards
38
to work on screening of lights, and would also place
39
roofs over the trash enclosures.
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Planning Commission, City of Moorpark, California
Minutes of July 20, 2004
Paae 5
1
The Commission discussed mixing the uses for the
2
project, art in public places, providing a pedestrian
3
feel and addition of a walkway, redesign the layout of
4
the buildings, pedestrians ability to walk from
5
Moorpark Marketplace to this development's
6
restaurants, loading docks, building entrances, the
7
architectural contrasts and provisions for signage.
8
Mr. Ossola expressed concern with too many changes
9
effecting pre - commitments by tenants but indicated
10
that he would be pleased to work with the Commission
11
and staff to see what changes could be made to address
12
its concerns. He indicated that it was his desire to
13
move tenants in by early 2005.
14
There were no written statement cards received.
15
MOTION: Commissioner Landis moved and Commissioner
16
DiCecco seconded a motion to appoint an Ad Hoc
17
Committee (Commissioner Landis and Commissioner
18
DiCecco) to meet with the applicant and staff to
19
review the architecture and layout and continue the
20
public hearing open to the next regular Planning
21
Commission Meeting of August 3, 2004.
22 (Unanimous 4:0 voice vote, Commissioner Peskay absent).
23 9. DISCUSSION ITEMS:
24 There were no items for discussion.
25 10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
26 (Future agenda items are tentative and are subject to rescheduling.)
27 A. August 3rd and 17th, 2004 Planning Commission Meetings:
28 • Cancellation
29 B. September 7, 2004 Planning Commission Meeting:
30 • Commercial Planned Development No. 2004 -01, possible
31 continuation from July 20, 2004 (Nearon Enterprises,
32 LLC)
33 • Zoning Ordinance Amendment No. 2004 -06 - Sign
34 Ordinance (City of Moorpark)
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Planning Commission, City of Moorpark, California
Minutes of July 20, 2004
Paqe 6
1 Mr. Hogan briefly discussed future agenda items, and
2 confirmed that the August 3, 2004, meeting would be held
3 for the continuation of Item 8.A.
4 11. ADJOURNMENT:
5 MOTION: Commissioner Landis moved and Vice Chair Lauletta
6 seconded a motion to adjourn the meeting.
7 (Motion carried with a unanimous 4:0 voice vote,
8 Commissioner Peskay absent.)
9 The meeting was adjourned at 8:33 p.m.
10
11
12 ATTEST:
13
14
Scott Pozza, Chair
tsarry x. Hogan, Community Development Director
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ITEM: 6.B.
Planning Commission, City of Moorpark, California
Minutes of August 3, 2004
Pacfe 1
1
The
Regular meeting of the Planning Commission was held on
2
August 3, 2004, in the City Council Chambers; Moorpark Civic
3
Center; 799 Moorpark Avenue; Moorpark, California; 93021.
4
1.
CALL TO ORDER:
5
Chair Pozza called the meeting to order at 7:02 p.m.
6
2.
PLEDGE OF ALLEGIANCE:
7
Commissioner Landis led the Pledge of Allegiance.
8
3.
ROLL CALL:
9
Commissioners DiCecco and Landis, Vice Chair Lauletta and
10
Chair Pozza were present. Commissioner Peskay was absent.
11
Staff attending the meeting included Barry Hogan, Community
12
Development Director; Walter Brown, Assistant City
13
Engineer; Paul Porter, Principal Planner and Gail Rice,
14
Administrative Secretary.
15
4.
PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS:
16
None.
17
5.
REORDERING OF, AND ADDITIONS TO THE AGENDA:
18
None.
19
6.
CONSENT CALENDAR:
20
None.
21
7.
PUBLIC COMMENTS:
22
None.
23 8. PUBLIC HEARINGS:
24 (next Resolution No. 2004 -463)
25 A. Consider Commercial Planned Development No. 2004 -01
26 for the Construction of a 131,745 Square Foot Shopping
27 Center Located on the Southwest Corner of New Los
28 Angeles Avenue and Miller Parkway on the Application
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Planning Commission, City of Moorpark, California
Minutes of August 3, 2004
Paae 2
1
of Nearon Enterprises, LLC, Assessor Parcel No. 512 -0-
2
260 -025 (Continued from July 20, 2004 meeting.)
3
Staff Recommendation: 1) Continue to accept public
4
testimony and close the public hearing; 2) Adopt
5
Resolution No. PC 2004- recommending to the City
6
Council conditional approval of Commercial Planned
7
Development Permit No. 2004 -01.
8
Paul Porter presented the agenda report and stated
9
that staff has requested changes to the following
10
conditions:
11
• Condition #114 regarding BMP systems, add to the
12
extent feasible and approval by the City Engineer
13
and the Community Development Director.
14
• Condition #126; paragraph f, regarding passive
15
devices and BMP requirements, add to the extent
16
feasible.
17
• Condition #129 regarding Engineering and
18
geotechnical reports provided to the satisfaction
19
of, add and the Community Development Director
20
and "that all passive and active NPDES
21
facilities."
22 Commissioner Landis disclosed that he met with the
23 applicant on Monday, July 26th, prior to the Ad Hoc
24 meeting and Vice Chair Lauletta disclosed he met with
25 the applicant on August 3rd to discuss the project.
26 Mark Ossola, applicant's representative and developer
27 for the project, commented on the desire to have a
28 long term, successful project, and a willingness to
29 work with staff and incorporate all suggestions on a
30 continuing basis.
31 John Parezo, applicant's representative and architect
32 for the project, commented on the marked up exhibits
33 and overlays that showed the changes as a result of
34 the Ad Hoc Meeting; including, moving and the
35 orientation of buildings H and I and entrance doors;
36 addition of more landscaping, meandering paths,
37 increased citizen /pedestrian visibility, plaza seating
38 areas, and arcade on buildings B, C, and D; relocating
39 handicap parking and tower; and a change to tower
40 colors. He stated that he was available for questions.
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Planning Commission, City of Moorpark, California
Minutes of August 3, 2004
Paae 3
1 Jim Ridge, applicant's representative and landscape
2 architect for the project, commented on addition of a
3 meandering pedestrian walkway along New Los Angeles
4 Avenue; benches; a canopy; landscape buffer for
5 building A; landscaping for the trash enclosure, rear
6 wall and building I; and enhanced pavement between
7 restaurants (buildings I and H) to include outside
8 dining.
9 The Commission questioned applicant on lack of
10 modifications made to buildings A and C and addition
11 of mature landscaping to fill a gap between buildings
12 F and E.
13 Mr. Hogan commented that applicant would need to work
14 with the Homeowner's Association and may need to plant
15 mature (24 -inch box) trees closer to the homeowner's
16 property and along the retaining wall.
17 Chair Pozza closed the public hearing.
18 There were no written statement cards received.
19 The Commission discussed wall textures, interaction of
20 softscapes, use of statuettes in the pedestrian
21 walkways, interactivity with waterscapes, installation
22 of additional mature trees, and changing color tiles
23 and roofs of both towers.
24 MOTION: Commissioner Landis moved and Vice Chair
25 Lauletta seconded a motion to approve staff
26 recommendation and adopt Resolution No. PC- 2004 -463,
27 with conditions #114, #126.f., and #129 amended and
28 the addition of Special Condition #11 regarding
29 "Building "A" modifications and for staff to pass on
30 the Commission's recommendation that consideration
31 should be given to add additional statuettes in
32 pedestrian walkways and interactivity with the
33 waterscapes as part of the Art in Public Places
34 requirement.
35 (Unanimous 4:0 voice vote, Commissioner Peskay absent).
36 9. DISCUSSION ITEMS:
37 None.
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Planning Commission, City of Moorpark, California
Minutes of August 3, 2004
Paae 4
1 10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
2 (Future agenda items are tentative and are subject to rescheduling.)
3 A. August 17, 2004 Planning Commission Meeting:
4 • Cancellation
5 B. September 7, 2004 Planning Commission Meeting:
6 • Zoning Ordinance Amendment No. 2004 -06 - Sign
7 Ordinance (City of Moorpark)
8 Mr. Hogan briefly discussed future agenda items, and
9 confirmed that the August 17, 2004, meeting would be
10 cancelled and the next regular meeting will be held on
11 September 7, 2004.
12 11. ADJOURNMENT:
13 MOTION: Commissioner Landis moved and Vice Chair Lauletta
14 seconded a motion to adjourn the meeting.
15 (Motion carried with a unanimous 4:0 voice vote,
16 Commissioner Peskay absent.)
17 The meeting was adjourned at 8 :40 p.m.
18
19 Scott Pozza, Chair
we
21
22
ATTEST:
rsdrry A. nogan, community Development Director
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ITEM: 8.A.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: Barry K. Hogan, Community Development Directo
Prepared by Scott Wolfe, Principal Planner
DATE: November 2, 2004 (PC Meeting of 11/16/04)
SUBJECT: Consider Conditional Use Permit No. 2004 -03, for the
Construction of a Fifty -Foot (501) High Monopine Wireless
Communication Facility and Accessory Equipment Located at
15689 Campus Park Drive, on the Ventura County Waterworks
District No. 1 Moorpark College Water Tank Site, on the
Application of Tetra Tech, Inc. for Nextel (APN: 500 -0-
281 -405)
BACKGROUND
On November 4, 2002, the Planning Commission approved Conditional
Use Permit No. 2002 -04, on the application of Nextel, Inc. This
Permit authorized the construction of a fifty -foot (501) high
monopine wireless communication facility and equipment building on
the Waterworks District No. 1 Moorpark College water tank site.
Nextel waited until the summer of 2004 to request clearances for
building permits. However, the originally approved Conditional Use
Permit expired in November of 2003, and Nextel did not make the
required request for extension of the permit in time. Nextel now
wishes to proceed with the construction of this proposed facility,
substantially as originally proposed and approved.
DISCUSSION
Project Setting
GENERAL PLAN /ZONING
Direction
Zoning
General Plan
Land Use
OS -40ac
(Open
OS -2
Waterworks Site
Site
Space
(Open Space
Two Water Tanks
40 acre
40 acre minimum)
Two 60' and six 14'
minimum)
antennas
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Coll.) \Agenda Rpts \PC Agenda Report.doc
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Honorable Planning Commission
November 16, 2004
Page 2
General Plan Zoning Consistency:
The use of a portion of the Ventura County Waterworks District site
for a proposed cellular antenna site is consistent with the allowed
uses in the Open Space Land Use designation, as well as, the Open
Space (OS) zone as described in Section 17.20.050 of the Zoning
Ordinance which allows for a communications facility with a
Planning Commission approved Conditional Use Permit.
Proposed Facility
The facility is proposed for a hilltop parcel that overlooks the
SR -118 freeway and Moorpark College in the easternmost part of the
City. The hilltop is surrounded by twenty -five (25) trees including
eleven (11) peppers, seven (7) eucalyptus and seven (7) pine trees
planted on the northwest, southwest and southeast sides of the
site. In addition to the twenty -five (25) trees noted above, a
total of twelve (12) California pepper trees have been planted on
the site by the previous cellular antenna applicants, AT &T and
Pacific Bell. The proposed 700 square foot leased area (for the
equipment building) does not include trees. The water tanks, two
sixty foot (60') high existing antennas, six (6) twelve foot (12')
high existing antennas, twelve (12) approved fourteen foot (14')
high antennas, and fifteen (15) antennas less than fourteen feet
(14') in height are on the same plateau as the proposed facility,
approximately 0.76 acres in size. This plateau has been graded and
compacted to include an earthen berm approximately eight to ten
feet (8' -10') in height, designed to contain water in the event of
a leaking tank and direct it easterly into a natural water course.
The site is covered with aggregate for improved drainage and
traction for service vehicles.
Antennas and Support Structures:
The antenna panels will be mounted in three separate arrays of five
(5) antennas each and mounted on the "monopine." Each antenna panel
Cattle grazing and
North
OS -40ac
OS -2
oil drilling - site
for proposed North
_...........--- ............. -- ...............--- .........
- --
Pa rkp project
t-
--- ..................
............................. . _......_ .. .................--.---
Cattle grazing,
West
OS -40ac
OS -2
Moorpark College,
_ ...............__._ ............-- ........ ....... __
................. ....................... ...._............
...... --- ......................................-----.._......................... ..............................-
single family
-
...... .....................
SR -118 freeway,
South
OS -40ac
OS -2
Villa del Arroyo
_............---............--- .............._--...............---...................---........................----................................----.._....................
....................._._.. - - - -- .........................................._..-----._................................._--.-.--.....................
Mobile Home Park
East
OS -40ac
OS -2
...I......................
Cattle grazing
General Plan Zoning Consistency:
The use of a portion of the Ventura County Waterworks District site
for a proposed cellular antenna site is consistent with the allowed
uses in the Open Space Land Use designation, as well as, the Open
Space (OS) zone as described in Section 17.20.050 of the Zoning
Ordinance which allows for a communications facility with a
Planning Commission approved Conditional Use Permit.
Proposed Facility
The facility is proposed for a hilltop parcel that overlooks the
SR -118 freeway and Moorpark College in the easternmost part of the
City. The hilltop is surrounded by twenty -five (25) trees including
eleven (11) peppers, seven (7) eucalyptus and seven (7) pine trees
planted on the northwest, southwest and southeast sides of the
site. In addition to the twenty -five (25) trees noted above, a
total of twelve (12) California pepper trees have been planted on
the site by the previous cellular antenna applicants, AT &T and
Pacific Bell. The proposed 700 square foot leased area (for the
equipment building) does not include trees. The water tanks, two
sixty foot (60') high existing antennas, six (6) twelve foot (12')
high existing antennas, twelve (12) approved fourteen foot (14')
high antennas, and fifteen (15) antennas less than fourteen feet
(14') in height are on the same plateau as the proposed facility,
approximately 0.76 acres in size. This plateau has been graded and
compacted to include an earthen berm approximately eight to ten
feet (8' -10') in height, designed to contain water in the event of
a leaking tank and direct it easterly into a natural water course.
The site is covered with aggregate for improved drainage and
traction for service vehicles.
Antennas and Support Structures:
The antenna panels will be mounted in three separate arrays of five
(5) antennas each and mounted on the "monopine." Each antenna panel
Honorable Planning Commission
November 16, 2004
Page 3
is four (4') feet in height and one (11) foot in width and is
mounted on a rack which attaches to the tower structure. The
overall width of each of the array is twelve (12') feet.
The applicant proposes to screen the support tower by constructing
it to resemble a pine tree, thus camouflaging the arrays. The
distance of the tower from viewing locations, and the proximity to
other trees on the site should effectively screen the antennas. The
visibility of the antennas from the surrounding areas is analyzed
below:
North: Visibility of the antennas from Moorpark College,
Campus Road, or the Campus Hills tract will be minimized due
to intervening trees on the site. Although the trees do not
exceed the height of the antenna tower, they will serve to
allow the monopine to blend in with its surroundings.
East: The antennas would be visible from the east but the
camouflaging will be more effective due to the intervening
trees and water tanks on the site.
West: Visibility of the antennas is limited due to the height
of the hill relative to surrounding properties and that the
monopine will blend into the existing landscaping. The
distance to the nearest homes is 1,450 feet. Although the
antenna tower may be visible from a large portion of the
Varsity Park neighborhood, its camouflage and the placement of
trees around it will minimize any visual impacts.
South: The height of the hill relative to surrounding
properties, along with the existing landscaping, minimizes the
visual impact. Visibility from the freeway will be minimal due
to the speed of the cars, the limited size of the antennas,
their coloration and the landscaping. The antenna tower will
be visible from a large portion of the Arroyo Vista Mobile
Home Park, which is 1,550 feet from the proposed site.
However, the camouflage of the monopine and its placement to
blend with the existing trees alleviates the potential for
visual impact.
Equipment Building:
The ground mounted equipment includes the electronic equipment for
the antennas, the power supply for the station, and two (2) GPS
antennas which are an integral part of the station. This equipment
will be housed in a nine (9') foot tall, 240 (12' X 20') square
foot shelter. The building will be metal - framed and will have a
pebbled texture coating of an earthen tone. Two (2) air
Honorable Planning Commission
November 16, 2004
Page 4
conditioners will be included within the building. The leased area
measures 28' X 31.5'. The visibility of this location is restricted
by the eight foot (8') high earthen berm around much of the
plateau, the existing water tanks and vegetation.
Chain Link Fence:
The proposed antenna installation will be located within the
existing six foot (61) high chain link fence surrounding the Water
Works site, which includes three (3) strands of barbed wire. Nextel
is not proposing to modify this fence.
Parking:
As the proposed use generates a minimal amount of traffic (to check
the facility) and is totally contained within the Water Works site
which has adequate capacity for parking service vehicles, no
additional parking facilities are required by Section
17.32.010.DD.3 of the Zoning Ordinance (no parking spaces for
unmanned communications facilities).
Landscaping of the Antenna and Equipment Sites:
A condition on the project is recommended that would require
additional landscaping on the site to the satisfaction of the
Community Development Director.
ANALYSIS
Issues
Staff analysis of the proposed project has identified the following
areas for Planning Commission consideration in their review of the
proposed entitlement:
• Area One - Compatibility with Adjoining Properties
• Area Two - Impairment of Use of Adjoininq Properties
Area One - Compatibility with Adjoining Properties:
The proposed use is located in an area that is not likely to impact
any of the adjacent open space uses. However, minimizing its visual
impacts from public streets is an important consideration. The
proposed antennas can be considered as a compatible open space use
under appropriate circumstances. The existing reservoir site is
visually prominent from several directions and minimizing the
visibility of the additional antennas is important. There are
currently over thirty -five (35) trees which soften distant views of
the water tanks and help in the blending of open space with these
necessary facilities. The placement of additional communications
It, 1
Honorable Planning Commission
November 16, 2004
Page 5
antennas at this site should be permitted only if visual impacts
are minimized through the disguising of the antenna tower as a pine
tree. This disguising will blend into the existing trees on site to
mask the tower's purpose. When viewed from a distance from off -
site, the tower should appear to be a large tree. An example of
this type of camouflage exists on the Water Works site on Walnut
Canyon Road. In addition, the equipment cabinet should be colored
to blend with the earthen berm. Its limited exposure above the berm
and behind the site fencing should render it invisible from off -
site, but a neutral earth -toned color will reduce the possibility
of viewing the structure or a reflection from it from a distance. A
condition has been included that the equipment building be a
neutral earth -toned color as approved by the Community Development
Director.
Area Two - Impairment of Use of Adjoininq Properties:
The proposed cellular antenna site is a passive use of a portion of
the existing College Water Tank Facility. It is not expected that
the cellular antenna facility operation will disturb the
surrounding area. Also, the proposed facility is not located near
neighboring properties so as to affect other uses; however, the
visibility issue must continue to be addressed. The use is not
expected to be harmful or detrimental to neighboring properties or
uses. The proposed antenna tower can be camouflaged to visually
blend with the vegetation and topography in the area based upon the
applicant's proposal and the visual simulation to be included in
staff's presentation at the public hearing.
Findings
Conditional Use Permit Findings: Based upon the above analysis,
staff presents the following findings in accordance with City of
Moorpark, Municipal Code Section 17.44.040(D):
A. The proposed use is consistent with the provisions of the
City's General Plan, Zoning Ordinance, and other applicable
regulations in that wireless facilities are a conditionally
permitted use in the Open Space zone, and the proposed
facility meets applicable standards.
B. The proposed use is compatible with both existing and
permitted land uses in the surrounding area in that this site
already has other wireless facilities existing on the site and
surrounding uses are primarily open space.
C. The proposed use is compatible with the scale, visual
character and design of surrounding properties in that it
would be similar in size and design as other existing wireless
facilities on the project site. In addition, the structures
1#1�i5
Honorable Planning Commission
November 16, 2004
Page 6
have design features which provide visual relief and
separation between land uses of conflicting character. The
use of camouflage in disguising the facility as a tree is the
primary example of the incorporated design features.
D. The proposed use would not be obnoxious or harmful, or impair
the utility of neighboring property or uses, in that sensitive
uses are significant distances from the subject property, and
because similar uses exist on -site and have not been
disruptive to nearby properties or uses.
E. The proposed use would not be detrimental to the public
health, safety, convenience, or welfare in that the proposed
use will enhance the communications network within the general
vicinity of the City of Moorpark, thereby increasing the
public safety, convenience, and welfare.
Wireless Facility Findings: Based upon the above analysis, staff
presents the following findings in accordance with City of
Moorpark, Municipal Code Section 17.42.060:
A. The proposed facility will not create any significant blockage
to public views in that the proposed facility will be located
at a hilltop water reservoir location and will be situated
near several trees of similar height to the proposed facility,
thereby not creating additional blockage of views beyond what
currently exists at the subject site.
B. The proposed facility will be an enhancement to the City due
to its ability to provide additional communication
capabilities, in that areas within the City where Nextel's
cellular communication system is weak, will be significantly
enhanced by the addition of the proposed facility.
C. The proposed facility will be aesthetically integrated into
its surrounding land uses and natural environment in that the
antenna support structure will be camouflaged to appear to be
a tree and the remaining facilities will be screened from view
by existing landscaping and an existing earthen berm.
D. The proposed facility will comply with FCC regulations
regarding interference with the reception or transmission of
other wireless service signals within the City and surrounding
community.
E. The proposed facility will operate in compliance with all
other applicable Federal regulations for such facilities,
including safety regulations.
F. The public need for the use of the facility has been
documented consistent with California law.
Honorable Planning Commission
November 16, 2004
Page 7
G. The applicant will provide at its own expense a field survey
or other method consistent with Federal law to provide written
verification that the facility is in compliance with
applicable Federal regulations regarding electromagnetic
frequency emissions. This radio - frequency (RF) report shall
also include signal strength exhibits, including calculation
and measurements under maximum loading conditions. Such field
survey shall be provided to the City upon request, not to
exceed one such request in any twenty -four (24) month period.
PROCESSING TIME LIMITS
Time limits have been established for the processing of development
projects under the Permit Streamlining Act (Government Code Title
7, Division 1, Chapter 4.5), the Subdivision Map Act (Government
Code Title 7, Division 2), and the California Environmental Quality
Act Statutes and Guidelines (Public Resources Code Division 13, and
California Code of Regulations, Title 14, Chapter 3). Under the
applicable provisions of these regulations, the following timelines
have been established for action on this project:
Date Application Deemed Complete: October 11, 2004
Planning Commission Action Deadline: December 11, 2004
Upon agreement by the City and Applicant, one (1) 90 -day extension
can be granted to the date action must be taken on the application.
ENVIRONMENTAL DETERMINATION
In accordance with the City's environmental review procedures
adopted by resolution, the Community Development Director
determines the level of review necessary for a project to comply
with the California Environmental Quality Act (CEQA). Some
projects may be exempt from review based upon a specific category
listed in CEQA. Other projects may be exempt under a general rule
that environmental review is not necessary where it can be
determined that there would be no possibility of significant effect
upon the environment. A project which does not qualify for an
exemption requires the preparation of an Initial Study to assess
the level of potential environmental impacts.
Based upon the results of an Initial Study, the Director may
determine that a project will not have a significant effect upon
the environment. In such a case, a Notice of Intent to Adopt a
Negative Declaration or a Mitigated Negative Declaration is
prepared. For many projects, a Negative Declaration or Mitigated
Negative Declaration will prove to be sufficient environmental
documentation. If the Director determines that a project has the
00001`2
Honorable Planning Commission
November 16, 2004
Page 8
potential for significant adverse impacts and adequate mitigation
can not be readily identified, an Environmental Impact Report (EIR)
is prepared.
The Director has reviewed this project and found it to be
Categorically Exempt in accordance with Section 15303 (Class 3 -
Construction of Small Structures) 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 -2004- approving Conditional Use
Permit No. 2004 -03.
ATTACHMENTS:
1. Location Map
2. Project Exhibits
3. Draft PC Resolution with Conditions of Approval
0000
PC ATTACHMENT 1
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310 COMMERCE AVENUE
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PHONE (714) 368 -3500
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MOORPARK COLLEGE
CA- 7589 —A
15698 CAMPUS PARK DR.
MOORPARK, CA 93021
VENTURA COUNTY
CURRENT ISSUE DATE:
08 -13 -2004
ISSUED FOR:
ZONING
APPROVALS
9NG DATE:_
DATE:_
]SIRUCWN: DATE; —_
DIEQ{: _ DATE..
PROJECT NO CA -7589
DRAWN BY GS
CHECKED BY WE
NO DATE
SHEET TITLE
TITLE SHEET
SHEET NUMBER
T -1
tat SUBMfRAL
2nd SUBMITTAL
FILE NAME: ZO -7589
TRACT NO. 2000
BOMRS,
TITLE REPORT NOTES:
ME FOLLOW EASEMENTS EFFECT SAID FARCEL ANO
ARE SHOWN HEREON. SEE PRELIMINARY TITLE REPORT
No- I -D6J39 FROM STEWART TITLE OF CALIFORNIA, INC.
DATED JUNE 25, 2OD4 FOR OTHER DOCUMENTS
(NON - EASEMENTS) EFFECTING SAID PROPERTY.
ITEM 05 - An esement Ter the seurpose MR.- beloe
d r ght, Incidental Delete as t forth In
document
Granted lo: Pacific Light and Paeer Carp «atim
Purpme: Pole Lines
Retarded: Wovember 17, 1957 in Book 144, Po9e 438,
I Deed a
(GOES NOT APPEAR TO EFFECT LEASE AREA)
end rights Mcitlmtel thereto ms aelrfarlh bl an Oeloe
,__t:
Ranted Id: Sl thlm CnlNamia Edison C.peay
Purpose: Public Itilltibe
Fearded: June 17, 1957 M Beak 1523, Page 154, sl
OFF.k1 Reciede
(DOES NOT APPEAR TO EFFECT LEASE AREA)
ITEM /7 - M u c «ded lease oftecting the Demises
herein stated, a ed by Intl between the parties
cova 'mein, Im ins term dnd upon Inc temps,
enants and cond N 0ereln prodded:
se
Lese: oelyd Cellular lelepFlne Compan
Recorded: October 26, 1995 ae Inume
strnt
obe Ns.
95- 129913 11 OR` Records
(AS SHOWN HEREON)
ITEM /8 - An u r ce.Jetl leas oN<cling In, Prembes
be_ slued, e N,d by Intl between the Pares
mod heein, 1« the term and upon the terms,
cove _s and conditions therein prodded:
lessee ueles limited P«tnership, de, VeHem
Wireless an Cellul«, its general Partnp.
Recorded: ber 7, 2001 as Instrument No.
20m -02 f ofOCiol Rec «M
(EXACT L�N IS NDT DISCLOSED OF RECORD)
NOTES
b1�
Q11
75 ss7
W
1
MORR:Sho MVESTk445 CO. 2 F
APN:500 -0 -281 -445 k
500 -0- 292 -IB5
MNNEL UNDER
FREEWAY
S/MI VALLEr Fwy _ 1
-� 8
CENTERLINE / \
PRKWAY
\F' Of Of RAILROAD \
1) Tnia I. a boandery a ney. We is I specialized
laPog.aPhic m.P. The Property lines end a s cots _soen
cortl i�loemolipn as noted he ea n Floyd
5uephii. In,. banslaNid the Lp grophii, s rvey N, ncoN
ing the tl m s
No title 1eseprIb cos Iwo peH "ed by In Flocolyd Survey ng, bloc ?n
wi Myth ownitenmcen enl the
at Fleyd SI Yng,t I..pretevea
Floyd Surveying, Inc. ols any and ell liability.
3) Fleid survey completed on 10 June. 2004.
I GENERAL NOTES I
V�Cq
S AIN
VICINITY MAP
PROPOSED NE %TEL
LEASE AREA 31.5' X 28'
GEODETIC COORDINATE
6/S
f
VDNTIIRA CO
1
A FATERWORRKS
- L
EC
ELPN
SEE DIETAII, SHE T IS E
7
THE COUNTY R, VENTURA, STATE OF CAUFORHK AS SHOWN
ON THE MAP RECORDED IN THE O, II OF THE RECORDER OF
M14",
THE COUNTY OF VCMURA, STATE OT' ALIfOPNN, IN BOOK 3,
k
PAGE 7 OF MISCELLANEOUS RECORDS, DESCRIBED AS FOLLOWS:
SS
BBLBe
COMMENCING AT THE SOUTHERLY MOST CORNER OF THAT
\ DIRT ACCESS
CERTAIN PARCEL M LAND DESCRIBED AS TRACT 'A' IN FTRAL
ROAD
ORDCA OF CONDEMNATION RECORDED IN BOON 3655, PAGE
306 OF OFFICIAL RECORDS IN SAID COUNTY RECORDERS
OFFICE, THE
ADD,
PARCEL 1: IT—— Parcel Area)
CL
BEING A PORTION OF SECTIONS 35 AND 36, TOWNSHIP 3
EC
ELPN
NORTH, FANCEI9 WEST IN TRACT 'J'. Of THE RANCHO SIMI, IN
CL1R
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THE COUNTY R, VENTURA, STATE OF CAUFORHK AS SHOWN
ON THE MAP RECORDED IN THE O, II OF THE RECORDER OF
NG
Brat
THE COUNTY OF VCMURA, STATE OT' ALIfOPNN, IN BOOK 3,
RFRA
RIM
TANK
PAGE 7 OF MISCELLANEOUS RECORDS, DESCRIBED AS FOLLOWS:
TOA
TRIP
COMMENCING AT THE SOUTHERLY MOST CORNER OF THAT
— -
CERTAIN PARCEL M LAND DESCRIBED AS TRACT 'A' IN FTRAL
0
}
ORDCA OF CONDEMNATION RECORDED IN BOON 3655, PAGE
306 OF OFFICIAL RECORDS IN SAID COUNTY RECORDERS
OFFICE, THE
Ft
SOUTHWESTERLY LINE OF SAID PARCEL OF LAND
BEING (NORTH 50'05'32' WIN NORTH 49'32'51' WEST WITH
ALL BEARINGS HEREIN RELA INE THERETO:
it
THENCE NORM B
29'21' WEST, A DISTANCE OF 99.94 FEET TO THE POINT OF
BEGINNING;
- — — — -
THENCE, THE FOLLOWING FOUR (4) COURSES:
13 SOUTH 69'02'50' WEST, A DISTANCE OF 31.50 FEET;
THENCE
-- X
2) NORM M57'10' WEST, A DISTANCE OF 28.00 FEET;
THENCE
0
r
3) NORM 69'(12'50' EAST, A DISTANCE OF 31.50 FEET;
THENCE
s veRr > W -
Aam Wp KaLy, G e)Mp
41 SOUTH 2057'10' FAST, A DISTANCE OF 28.00 FEET TO THE
OWNER'S NAME: VENTURA COUNTY WAFER WORKS DISTRICT N0. 1
POINT OF BEGINNING.
OWNER'S ADDRESS: Boo 5. VICTORIA AK
CONTAINING 882 SQUARE FEET, MORE OR LESS.
ADD,
LEGEND
CL
CENTERLINE OF DIRT ROAD
EC
ELPN
EDGE OF CONCRETE
ELECTRICAL PANEL
CL1R
GB
ELECTRIC& TRANSFORMER
GRADE BREAK
NG
Brat
GROUND ELEVATION
GROUND OUTLET
RFRA
RIM
TANK
ROOF FAMPEr
RIM Or WATER TANK
TANR TOP
TOA
TRIP
TOP OF ANTENNA
TREE TOP
— -
BOUNDARY LINE
- -- -_ - --
MISC. PROPERTY UNE
R0
MISC. TIE UNE
IS URVEYINPG,INC.
RIGHT-OF -WAY UNE
- — — — -
EASCMr. LINE
-- X
FENCE UNE
=E_®
NE"'M COMMUNICAT106S
3b
—Gs TIMM
Phew OK) 36B -BS00
Pu: 1710) 368-8501
MOORPARK COLLEGE
CA 7589 -E
15698 CAMPUS PARK DRIVE
MOORPARK, CA 93021
VENTURA COUNTY
NT ISSUE DATE:
8/02/2004
ZONING
=REV.: DATE: = DESCRIPTION:.' —gy:_
1. 6/!6/04 FIRST 9A ITTAL DAE
E. TTTLE REVIEX DAF
3. 8/02/04 ILEASE TEXT DAr
PLANS PREPARED BY
NR CONDITIONER
Pe
FAR EL M,kp
ONSULTANT:
Q
ASPHALT
0
PARKING METER
FLOYD
9=
NOa
BOTTOM of cuge
BUILDING
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IS URVEYINPG,INC.
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OVERALL SITE PLAN
4f
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RECORD
RECORD OI SURVEY
RGOF DRAIN
RHO, DUREF
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Aam Wp KaLy, G e)Mp
LEGAL DESCRIPTION: ROD( 3655, FACE 306.
OWNER'S NAME: VENTURA COUNTY WAFER WORKS DISTRICT N0. 1
A PORTION OF SECTIONS J5 AND 36, TOWNSHIP 3
OWNER'S ADDRESS: Boo 5. VICTORIA AK
_ " M r �MeNik��v,wn
NORTI, RANCEI9 WEST IN TRACT 'J', Of THE RANCHO
vENNPA, CA 93009
A
CONTROL POINT
81n
ROpF TOP
DRAWN BY: CHK_�APV:
SIMI, IN THE COUNTY OF VENTURA, STATE OF
2 DOOR ROOF METH
CALIFORNIA, AS SHOWN ON THE MAP RECORDED IN THE
OFFICE OF THE RECORDER OF THE COUNTY OF VENTURA,
ASSESSOR'S PARCEL HUMBER(S) 5pp-0 -181 -405
B
ELECTRIC BOX
0
OAF OAF DAF
STATE 01' CALIFORNIA, IN BOON 3, PAGE T OF
MISCELLANEOUS RECORDS, DESCRIBED AS FOLLOWS:
(NAD 83; Epoch 2002)
•
SAUTARY SCWER
MANHOLE
BEGINNING AT A POINT IN THE WESTERLY LINE TH THE
LARNOE LONGITUDE
MONOPOLE:
-X-HI-
TF
FENCE
FENCE
FIRE NYDPAM
SEWER CLEAN OUT
LICENSURE:
PARCEL OF LAND DESCRIBED AS PARCEL 2 RECORDER DEED
PARCEL
IN TIE OFFICE SAID COUNTY
3417'43.18' ll D 118'49'54.10' West
FOUND MONUMENT
4
SIGN POST
ON VICED
D 56146 IN
ON pE 2680. 1, 1964. 8 AS DOCUMENT R N0. S, DIN
BOOT 2680, PAGE 248
FEET RECORDS, DISTANT
0
G.� METER
¢_pp.p
SPOT ELEVATION
OmM A Tqa
1. 0
NORTH 011'30' EAST 211.00 FEET FROM THE SOUTHERLY
FE
SPRINKLER
DEED
"NORTH W THE 41ST COURSE RECITED IT SAID DEED
'NOPM
BASIS Q BEARINGS.
•
GAS VALVE
AS
AS 091'30' CAST 306. 7e FEEY; THENCE. upRM
7789'46' EAST 512.59 FEET TO A POINT: THENCE,
THE BCAED SHOWN HEREON ARE BASED ON TRUE NORTH AS
DE RED BY G.P.S. OBSERVATIONS, USING 57D0 /5800
•
GPS POINT
0
STORM DRAIN MANHOLE
4 B
SWUM 5118'14' EAST 408,52 FEET TO A PONT.
THENCE. SOUTH 61'42'11' EAST 266.36 FEET TO A
NECUKRS Pup THIMBLE CEOOCTC OFFICE 1.60 50F1WAgE.
O sorT
.dam
GUMD RAIL
s
TELEPHONE BOX
FAL6
POINT; THENCE. SOUTH 72'52'28' EAST 407.64 FEET TO
BASIS OF ELEVATIONS: NAVD 1988
1
0
TELEPHONE MANHOLE
THE TRUE PONT OF BEGINNING OF THIS DESCRIPTION;
ELEVATIONS ARE BASED ON GPS OBSERVATONS FROM TWO NATIONAL
GUY ANCHOR
I9
TELEPHONE
SIGNATURE DATE
THENCE,
CLOD TIC SURVEY C.O.R.S. REFERENCE STATIONS: 1) VAN', ELEVATION
Nf1P
HEATER
PEDISfAL
SHEET TITLE:
1ST - NORM 45Y9'OT' EAST 178.76 FEET TO A PRINT;
- 443.96' AND 2) BILL. ELEVATION - 1651.1B' WPM GEUD99
IB
TEMPORARY BENCHMARK
TIENCE.
2ND - SOUTH 4950'22' EAST 207.27 FEET TO A PONT;
CORRECTIONS APPLIED.
List
ses
INLET
TITLE REPORT EXCEPTION
THENCE'
3RD - SOUTH 5056'i'' WEST 285.90 FEET TO A POINT;
se
IRRIGATION
Tc
TOP OF CURB
SITE SURVEY
THENCE.
rM -NORM 5015'32' WEST 158.32 FEET TO A POINT;
d
vALVE
LIGHT BUILDING
®
TRAFFIC SIGNAL BOX
hENGE'
5TH -NORTH 32'54'49' EAST 104.02 FEEL 10 THE
SITE DATA
A
LIGHT GROUND
O
TRAFFIC SIGNAL POLE
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CURRENT ISSUE DATE:
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MOORPARK COLLEGE
CA- 7589 —A
15698 CAMPUS PARK DR.
MOORPARK. CA 93021
VENTURA COUNTY
CURRENT ISSUE DATE:
08 -13 -2004
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MOORPARK COLLEGE
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15698 CAMPUS PARK DR.
MOORPARK, CA 93021
• -o' ODE ACCESS DOOR
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CURRENT ISSUE DATE:
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9
RESOLUTION NO. PC -2004-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE
CITY COUNCIL APPROVAL OF CONDITIONAL USE PERMIT
NO. 2004 -03 ON A 0.76 ACRE PARCEL, LOCATED AT
15698 CAMPUS PARK DRIVE (V.C. WATERWORKS DISTRICT
#1 COLLEGE TANK SITE), ON THE APPLICATION OF
TETRA TECH, INC. FOR NEXTEL (ASSESSOR PARCEL NO.
500 -0 -281 -405)
WHEREAS, at a duly noticed public hearing on November 16,
2004, the Planning Commission considered Conditional Use Permit
(CUP) No. 2004 -03 on the application of Tetra Tech, Inc. for
Nextel, for authorization to construct a fifty -foot (501) high
monopine wireless communication facility and associated
facilities, including a 240 square -foot equipment building,
located at the Ventura County Waterworks District #1 College
Tank site at 15698 Campus Park Drive. (Assessor Parcel No. 500-
0 -281 -405); and
WHEREAS, at its meeting of November 16, 2004, the Planning
Commission considered the agenda report and any supplements
thereto and written public comments; opened the public hearing
and took and considered public testimony both for and against
the proposal; closed the public hearing and reached a decision
on this matter; and
WHEREAS, the Community Development Director has determined
that this project is Categorically Exempt from the provisions of
CEQA pursuant to Section 15303 as a Class 3 exemption for
Construction of Small Structures.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DOCUMENTATION: The Planning
Commission concurs with the determination of the Community
Development Director that this project is Categorically Exempt
from the provisions of CEQA pursuant to Section 15303 as a Class
3 exemption for Construction of Small Structures.
SECTION 2. CONDITIONAL USE PERMIT FINDINGS: Based upon the
information set forth in the staff report(s), accompanying
studies, and oral and written public testimony, the Planning
Commission makes the following findings in accordance with City
of Moorpark Municipal Code Sections 17.44.040(D) AND 17.42.060:
S: \Community Development \DE PMTS \C U P \2009 \03 Tetra Tech (Moorpark Coll.) \Reso \PC Reso PD S MAP.doc
PC ATTACHMENT 3
000027
Resolution No. PC -2004-
Page 2
A. The proposed use is consistent with the provisions of the
City's General Plan, Zoning Ordinance, and other applicable
regulations in that wireless facilities are a conditionally
permitted use in the Open Space zone, and the proposed
facility meets applicable standards.
B. The proposed use is compatible with both existing and
permitted land uses in the surrounding area in that this
site already has other wireless facilities existing on the
site and surrounding uses are primarily open space.
C. The proposed use is compatible with the scale, visual
character and design of surrounding properties in that it
would be similar in size and design as other existing
wireless facilities on the project site. In addition, the
structures have design features which provide visual relief
and separation between land uses of conflicting character.
The use of camouflage in disguising the facility as a tree
is the primary example of the incorporated design features.
D. The proposed use would not be obnoxious or harmful, or
impair the utility of neighboring property or uses, in that
sensitive uses are significant distances from the subject
property, and because similar uses exist on -site and have
not been disruptive to nearby properties or uses.
E. The proposed use would not be detrimental to the public
health, safety, convenience, or welfare in that the
proposed use will enhance the communications network within
the general vicinity of the City of Moorpark, thereby
increasing the public safety, convenience, and welfare.
SECTION 3. WIRELESS FACILITY FINDINGS: Based upon the
information set forth in the staff report(s), accompanying
studies, and oral and written public testimony, the Planning
Commission makes the following findings in accordance with City
of Moorpark, Municipal Code Section 17.42.060:
A. The proposed facility will not create any significant
blockage to public views in that the proposed facility will
be located at a hilltop water reservoir location and will
be situated near several trees of similar height to the
proposed facility, thereby not creating additional blockage
of views beyond what currently exists at the subject site.
B. The proposed facility will be an enhancement to the City
due to its ability to provide additional communication
capabilities in that areas within the City where Nextel's
1100 0®24
Resolution No. PC -2004-
Page 3
cellular communication system is weak will be significantly
enhanced by the addition of the proposed facility.
C. The proposed facility will be aesthetically integrated into
its surrounding land uses and natural environment in that
the antenna support structure will be camouflaged to appear
to be a tree and the remaining facilities will be screened
from view by existing landscaping and an existing earthen
berm.
D. The proposed facility will comply with FCC regulations
regarding interference with the reception or transmission
of other wireless service signals within the City and
surrounding community.
E. The proposed facility will operate in compliance with all
other applicable federal regulations for such facilities,
including safety regulations.
F. The public need for the use of the facility has been
documented consistent with California law.
G. The applicant will provide at its own expense a field
survey or other method consistent with federal law to
provide written verification that the facility is in
compliance with applicable federal regulations regarding
electromagnetic frequency emissions. This radio- frequency
(RF) report shall also include signal strength exhibits,
including calculation and measurements under maximum
loading conditions. Such field survey shall be provided to
the City upon request, not to exceed one such request in
any twenty -four (24) month period.
SECTION 4. PLANNING COMMISSION ACTION: The Planning
Commission hereby approves Conditional Use Permit No. 2004 -03
subject to the Special and Standard Conditions of Approval
included in Exhibit A (Special and Standard Conditions of
Approval), attached hereto and incorporated herein by reference.
SECTION 5. CERTIFICATION OF ADOPTION: The Community
Development Director shall certify to the adoption of this
resolution and shall cause a certified resolution to be filed in
the book of original resolutions.
Resolution No. PC -2004-
Page 4
The action of the foregoing direction was approved by the
following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
PASSED, AND ADOPTED this 16th day of November, 2004.
Scott Pozza, Chair
ATTEST:
Barry K. Hogan
Community Development Director
Exhibit A - Special and Standard Conditions of Approval
,� 1
Resolution No. PC -2004-
Page 5
EXHIBIT A
SPECIAL AND STANDARD CONDITIONS OF APPROVAL
FOR
CONDITIONAL USE PERMIT NO. 2004 -03
SPECIAL CONDITIONS
1. The applicant shall allow the City to co- locate a radio
antenna on the structure and place associated equipment and
electronics within or on the equipment enclosure, at no
cost, so long as this is done for City purposes at the
expense of the City, there is no interference with the
operation of the primary equipment, and that security and
access are feasible.
2. Prior to approval of a Zoning Clearance, the antenna shall
be designed to ensure that the visual appearance matches
the surrounding uses by including design and /or landscaping
elements, as determined by the Community Development
Director. The Director may require additional trees or
further enhancement of the monopine camouflage after the
installation of the antenna, if additional screening is
deemed necessary.
3. In the event that a future merger, acquisition, or other
action renders this antenna array redundant or unnecessary,
the applicant shall remove the facility within ninety (90)
days of a determination of redundancy or non - necessity.
Propagation maps identifying then - current signal coverage
and coverage without this facility shall be provided to the
City at the request of the Community Development Director.
Such request may occur not more than once in a twelve (12)
month period.
STANDARD CONDITIONS
1. Acceptance of Conditions: The applicant's acceptance of
this permit and /or commencement of construction and /or
operations under this permit shall be deemed to be
acceptance of all conditions of this permit.
2. This permit shall expire one (1) year from the date of its
approval, unless a building permit has been obtained and
construction inaugurated. The Community Development
Director may, at his /her discretion, grant up to two (2)
Resolution No. PC -2004-
Page 6
additional 1 -year extensions, if there have been no changes
in the adjacent areas and if the applicant can document
that he /she has diligently worked towards obtaining
building permits or inaugurating construction. The request
for extension of this permit shall be made in writing, at
least thirty (30) days prior to the expiration date of the
permit.
3. 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.
4. Conditions of this entitlement shall not be interpreted as
permitting or requiring any violation of law or any
unlawful rules or regulations or orders of an authorized
governmental agency.
5. If any architectural or historical finds are uncovered
during grading or excavation operations, all grading or
excavation shall cease in the immediate area and the find
shall be left untouched. The applicant shall assure the
preservation of the site and immediately contact the
Community Development Director, informing the Director of
the find. The applicant shall be required to obtain the
services of a qualified paleontologist or archeologist,
whichever is appropriate to recommend disposition of the
site. The paleontologist or archeologist selected shall be
approved by the Community Development Director. The
applicant shall pay for all costs associated with the
investigation and disposition of the find.
6. 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.
000032
Resolution No. PC -2004-
Page 7
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.
7. 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.
8. Applicant shall conform to all National Pollutant Discharge
Elimination System (NPDES) requirements during and after
completion of the project.
9. No excavations shall be commenced unless the work can be
completed before any rain falls. Which means the materials,
equipment and manpower shall be procured and ready to
commence the work before the excavation begins. In the
event the work is interrupted with rainfall, all excavated
areas shall be completely covered with visqueen and secured
with gravel bags so that no mud is generated from the work
area and allowed to leave the work area.
10. All work shall cease when there is a forth percent (400)
chance of rain or when rainfall is imminent, whichever is
more stringent and the site secured, as noted.
11. No work shall commence after a rainstorm until the ground
has dried sufficiently so that no materials are transported
off the site by workers or work equipment.
12. No work equipment, vehicles or materials shall be
stockpiled or left in the public right -of -way.
13. Any work within the public right -of -way requires an
encroachment permit.
14. No work shall be performed before 7:00 A.M. and after 7:00
P.M., Monday through Friday, and by permission work can be
done between 8:00 A.M. and 5:00 P.M. on Saturday. No work
shall be done on Sunday.
006033
Resolution No. PC -2004-
Page 8
15. Deliveries of oversized loads require a city permit.
irJDO*
16. Entitlement Processing: Prior to the acceptance of any
Zoning Clearance, entitlement, building permit, grading
permit, or advanced grading permit, the applicant shall
submit to the Community Development Director, all
outstanding entitlement case processing fees including all
applicable city legal service fees. This payment shall be
made within sixty (60) calendar days of approval of this
permit.
17. Capital Improvements, Facilities, and Processing: Prior to
the issuance of a Zoning Clearance for grading the
applicant shall submit to the Community Development
Director the capital improvement, development, and
processing fees at the current rate in effect. Said fees
include but are not limited to Library Facilities, Police
Facilities, Fire Facilities, entitlement processing,
building and public improvement, plan checks and permits.
Unless specifically exempted by City Council, the applicant
is subject to all fees imposed by the City as of the
issuance of the first permit for construction and such
future fees imposed, as determined by the City in its sole
discretion, so long as said fee is imposed on similarly
situated properties.
18. Electronic Conversion: Prior to or concurrently with the
approval of the Final Map, the applicant shall submit to
the City Engineer and the Building Official the City's
electronic image conversion fee for the Final
Map /improvement plans and building permit /plans or other
plans, as determined by the Community Development
Department.
19. Condition Compliance: Prior to the issuance of any Zoning
Clearance for construction, the applicant shall submit to
the Community Development Department the Condition
Compliance review fee.
B. Please contact the PLANNING DIVISION for compliance with
the following conditions:
OPERATIONAL CHARACTERISTICS
20. Prior to the issuance of a Zoning Clearance for
construction, the applicant shall submit all construction
plans for review and approval by the Planning Division.
006034
Resolution No. PC -2004-
Page 9
21. This facility is approved as an unmanned operation.
Following construction of the facility, traffic generated
by this use shall be limited to periodic and emergency
maintenance of the facility.
LANDSCAPING
22. Prior to operation of the use, the applicant shall replace
at the applicant's expense, any vegetation or landscaping
removed or damaged as a result of the installation or
operation of this facility. The replacement shall be to
the satisfaction of the Community Development Director.
23. Prior to the issuance of a Zoning Clearance for
construction, a Landscape Plan shall be submitted to the
Planning Division for review and approval by the Community
Development Director. The applicant shall pay any cost of
landscape plan review at the time of submittal.
Landscaping shall be provided to screen any equipment
associated with this communications facility.
24. In the event that the uses for which this Conditional Use
Permit are approved, is determined to be abandoned, the
City of Moorpark may, at its discretion, initiate
revocation procedures for cause per the provisions of
Section 17.44.080. For purposes of this condition,
"abandoned" shall mean a cessation of a business or
businesses which would render the use unavailable to the
public for a period of 180 or more consecutive days.
Initiation of revocation procedures may result in the
revocation of the permit or modification of the permit,
based upon the evidence presented at the hearing. A surety,
in an amount subject to the review and approval of the
Community Development Director, shall be provided to the
City prior to the approval of a Zoning Clearance for
construction, to guarantee removal of equipment and
structures, if the City determines the facility to be
abandoned and /or a public nuisance.
25. Removal or relocation of any and all of the facilities
shall be at the facility owner's expense, and at no cost to
the City. Should the facility be removed or relocated by
the City, the facility owner hereby waives any claims,
damage, or loss (including, but not limited to,
consequential damages) resulting from the city's removal or
relocation of the facility.
26. The applicant will provide, at its expense, a field survey
or other method consistent with Federal law to provide
Resolution No. PC -2004-
Page 10
written verification that the facility is in compliance
with applicable Federal regulations regarding
electromagnetic frequency emissions. This radio - frequency
(RF) report shall also include signal strength exhibits,
including calculations and measurements under maximum
loading conditions. Such field survey shall be provided to
the City upon request, not to exceed one (1) such request -
in any 24 -month period.
27. The facility shall be removed at the owner's expense when a
City- approved project requires relocation or under
grounding of the utility structure on which the facility is
mounted. If the facility owner refuses to remove the
facility, the owner shall reimburse the City for city costs
and expenses to remove the facility. The applicant waives
any claims, damage, or loss (including, but not limited to,
consequential damages) resulting from the City's removal or
relocation of the facility.
Please contact the ENGINEERING DEPARTMENT for compliance with
the following conditions:
28. Prior to the issuance of a grading permit or building
permit, whichever occurs first, proof of the right to
ingress and egress shall be obtained from adjacent property
owner and provided to the City Engineer. Prior to any
grading or drainage activity, a Grading and /or Drainage
Plan shall be prepared and submitted to the City Engineer
for review and approval. No grading or drainage work shall
occur without a grading permit and /or the permission of the
City Engineer.
29. In the event that existing drainage patterns are affected
by this project, the applicant shall adhere to all Federal
Emergency Management Agency (FEMA) regulations and
requirements. Prior to the issuance of a grading permit,
all necessary calculations shall be submitted to the City
and any governing Federal agency for review and approval.
-End-
ITEM: 8.B.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: Barry K. Hogan, Community Development Directo
Prepared by: Scott Wolfe, Principal Planner
DATE: November 9, 2004 (PC Meeting of 11/16/04)
SUBJECT: Consider Zoning Ordinance Amendment No. 2004 -05, a
Request to Amend Chapter 17.74 of the Moorpark Municipal
Code Relating to the Development Standards of Specific
Plan No. 2; and Residential Planned Development Nos.
2004 -01, -02, and -03, for Construction of a Total of 133
Single - Family Detached Residential Units and 99
Condominium Units within Specific Plan No. 2, Located
Approximately One -half Mile North of the Northerly
Terminus of Spring Road and Three- fourths of One Mile
East of Walnut Canyon Road, on the Application of Pardee
Homes. (Assessor Parcel Numbers: Portions of 500- 0 -270-
07, 500 -0- 027 -08, 500 -0- 270 -19, 500 -0- 270 -20, 500- 0 -024-
03, 500 -0- 024 -04, 500 -0- 024 -22, 500 -0- 024 -23)
BACKGROUND /DISCUSSION
Staff has requested revisions to the RPD plotting plans for
Planning Areas 8 and 9 from the applicant. These plans are being
prepared by the applicant and will be ready for presentation at the
next Planning Commission Meeting. This public hearing item has
been advertised in the newspaper and to property owners within
1,000 feet of the property boundaries. Therefore, it is
appropriate to open the public hearing for those who wish to
address the Planning Commission meeting on this item.
STAFF RECOMMENDATION
Open the public hearing, and continue this item with the public
hearing open to the next regular meeting of the Planning Commission
of December 7, 2004.
S: \Community Development \DEV PMTS \R P D \2004 \ -01 Pardee \Agenda Rpts \PC041116 - continuarycroc o 7
ITEM: 8.C.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: Barry K. Hogan, Community Development Direct
Prepared by Joseph Fiss, Principal Planner M
DATE: September 27, 2004 (PC Meeting of 11/16/04)
SUBJECT: Consider Tentative Parcel Map No. 5494 to Subdivide One
38.6 -Acre Open Space Lot into Two Lots to Create a 1.4-
Acre Lot for a Water Pump Station; and a 37.2 -Acre Lot
for Continued Use as Open Space, Located on the East Side
of Spring Road, South of New Los Angeles Avenue, on the
Application of Perliter & Ingalsbe (for Calleguas
Municipal Water District)
BACKGROUND
The Calleguas Municipal Water District is preparing to build a Pump
Station on the east side of Spring Road, south of Los Angeles
Avenue, as part of the Las Posas Basin Aquifer Storage and Recovery
Project. Calleguas has negotiated with the Serenata Community
Homeowner's Association to obtain a portion of their open space
land for this facility. In order to create a separate legal lot
for the pump station, a Parcel Map is required. Under the
Subdivision Map Act and the City's Subdivision Ordinance, a Parcel
Map is subject to City Planning Commission consideration.
DISCUSSION
Project Setting
Existing Site Conditions:
The proposed lot is located on a gently sloping section of a
hillside which is adjacent to the northeast side of Spring Road,
approximately thirty (30') feet below the road grade. Due to the
curve of Spring Road at this location, the proposed "pad" is
anywhere from sixty (60) to one - hundred and twenty (120) feet away
from the base of the hillside adjacent to the right -of -way. Native
shrubs and weeds are found on site. Portions of the site have been
disturbed by vehicles and the dumping of fill dirt from the nearby
feeder pipeline construction.
S: \Community Development \DEV PMTS \T P M \5494 Eadson (Calleguas) \PC Report and Reso \PC Agenda
Report.doc +
0OC-0 b
Honorable Planning Commission
November 16, 2004
Page 2
Previous Applications:
There have been no previous applications for this specific site.
However, this site is a portion of the Open Space approved as part
of the Carlsberg Specific Plan, which was eventually developed as
the Serenata housing development.
GENERAL PLAN /ZONING
Direction
General Plan
Zoning
Land Use
61,226
2
37.1944
Unimproved/
Site
Open Space
Specific Plan
............................................. ---- ................................
Open Space
............ -----.--.............................._---.................... ............ .--- ...............
..... __ ..............__ ............... _ ................ ---....... ...
North
.... -- ........... ........ - -- .......................... --_..._-....................-----._
Open Space
Specific Plan
Arroyo Simi/
Flood Control
_. ........... --- ............_--... .........__..................__
.
................. __._. .................... ---._ .............................. ----._.
................................... _---- .......... ....... ............................... --
.._.... ............................_ -- - --
Open Space
South
Open Space
Specific Plan
(Spring Road
_ ...............
_ _.._........... ......._Beyond).............._
East
Open Space
Specific Plan
Open Space
--- .............................. _.
............. __ ................. _....... ..........-- .................__
West
................._._.__....................._.__._.............................__._._....................................
Open Space
--.--- .................................................... - --
Specific Plan
-._.. ............................... -----._._........................-... ...
Pressure
Regulator Bldg.
General Plan and Zonina Consistencv:
The proposal ensures that Goal 12 of the Land Use Element of the
General Plan is implemented. Goal 12 is to "Ensure that a full
range of public facilities and services are provided to meet the
needs of the community." The General Plan considers public
facility, infrastructure and improvements within all land use
categories.
The project site is zoned "SP 92 -1" (Specific Plan 92 -1) . The
proposed lot is within the area that has been designated as "Open
Space" under the Carlsberg Specific Plan. The Tentative Parcel Map
and proposed use are consistent with the goals and requirements of
the Zoning Code and the Specific Plan.
Project Summary
Parcel Map No. 5494:
Parcel No.
Size (in acres)
Size (in sq. ft.)
1
1.4056
61,226
2
37.1944
1,620,188
Total
38.6
1,681,414
Honorable Planning Commission
November 16, 2004
Page 3
Proposed Project
As mentioned above, the Calleguas Municipal Water District is
preparing to build a pump station on the east side of Spring Road,
south of Los Angeles Avenue. Although the Calleguas Municipal
Water District has been working with City staff on the
architectural design of the pump station, the construction of the
actual facility is not subject to any discretionary City review.
However, Tentative Parcel Map No. 5494, to subdivide one 38.6 acre
lot into two lots, is subject to Planning Commission consideration.
No significant areas of concern related to this Parcel Map have
been identified.
Findings
The Planning Commission has original authority over Tentative
Parcel Maps. Action by the Planning Commission is final, unless
appealed to the City Council within ten (10) days of the Planning
Commission's decision. Based upon the review and analysis of the
project as proposed, staff recommends the following findings for
the Planning Commission:
A. The proposed map is consistent with the City's General Plan,
in that the resulting lot sizes will be in keeping with the
minimum sizes established by the Land Use Element of the
General Plan. The General Plan and Zoning Code envision
public facilities and utilities in most zones and Specific
Plans.
B. The design and improvements of the proposed subdivision are
consistent with the applicable General Plan, in that the
character of the neighborhood as envisioned in the General
Plan will be preserved.
C. The site is physically suitable for the type of development
proposed, in that the site has been prepared for development
of public facilities, will require minimal grading, and has
adequate access and utility service.
D. The site is physically suitable for the proposed development,
in that the size of the pad area on the subject property is
such that the creation of one (1) additional lot as proposed
in this request can be accommodated without major alteration
of existing terrain.
E. The design of the subdivision and the proposed improvements
are not likely to cause substantial environmental damage, in
that the site already exists in a disturbed state, and the
creation of one (1) additional lot as proposed in this request
Honorable Planning Commission
November 16, 2004
Page 4
can be accommodated without major alteration of existing
terrain.
F. The design of the subdivision and the type of improvements are
not likely to cause serious public health problems, in that
public sanitation services are available to the subject
property, and will be required to meet the current City
standards.
G. The design of the subdivision and the type of improvements
will not conflict with easements acquired by the public at
large, for access through, or use of the property within the
proposed subdivision, in that no easements exist which will be
adversely affected by the subdivision of land on the subject
property.
H. There will be no discharge of waste from the proposed
subdivision into an existing community sewer system in
violation of existing water quality control requirements under
Water Code Section 13000 et seq., in that no community sewer
system exists or is proposed on the property.
I. The proposed subdivision does not contain or front upon any
public waterway, river, stream, coastline, shoreline, lake, or
reservoir, in that the subject property is situated in a
hillside area away from natural drainage courses or other
bodies of water.
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: September 30, 2004
Planning Commission Action Deadline: November 19, 2004
ENVIRONMENTAL DETERMINATION
In accordance with the City's environmental review procedures
adopted by resolution, the Community Development Director
determines the level of review necessary for a project to comply
with the California Environmental Quality Act (CEQA) . Some
projects may be exempt from review based upon a specific category
listed in CEQA. Other projects may be exempt under a general rule
�6
Honorable Planning Commission
November 16, 2004
Page 5
that environmental review is not necessary where it can be
determined that there would be no possibility of significant effect
upon the environment. A project which does not qualify for an
exemption requires the preparation of an Initial Study to assess
the level of potential environmental impacts.
The Director has reviewed this project and found it to be
Categorically Exempt in accordance with Section 15315 (Minor Land
Divisions - Class 15) of the California Code of Regulations (CEQA
Guidelines). No further environmental documentation is required.
STAFF RECOM ONDATION
1. Open the public hearing, accept public testimony and close the
public hearing.
2. Adopt Resolution No. PC -2004- approving Tentative Parcel
Map No. 5494.
ATTACHMENTS:
1. Location Map
2. Project Exhibits
A. Site Plan
B. TPM 5494 (2 pages)
3. Draft PC Resolution with Conditions of Approval
Honorable Planning Commission
November 16, 2004
Page 7
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PC ATTACHMENT 2B (cont.)
r i
RESOLUTION NO. PC -2004-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, APPROVING TENTATIVE
PARCEL MAP NO. 5494 ON A 38.6 -ACRE PARCEL,
LOCATED ON THE EAST SIDE OF SPRING ROAD, SOUTH OF
NEW LOS ANGELES AVENUE ON THE APPLICATION OF
PERLITER & INGALSBE (FOR CALLEGUAS MUNICIPAL
WATER DISTRICT)(SERENATA HOMEOWNERS ASSOCIATION
OPEN SPACE LOT)
WHEREAS, at a duly noticed public hearing on November 16,
2004, the Planning Commission considered Tentative Parcel Map
No. 5494 on the application of Perliter & Ingalsbe (for
Calleguas Municipal Water District) to subdivide one 38.6 -acre
lot into two lots to create a 1.4 -acre lot for a water pump
station and a 37.2 -acre lot to continue to be used for open
space, located on the east side of Spring Road, south Of New Los
Angeles Avenue; and
WHEREAS, at its meeting of November 16, 2004, 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 the California
Environmental Quality Act (CEQA) pursuant to Section 15315
(Minor Land Divisions - Class 15) of the California Code of
Regulations (CEQA Guidelines).
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. SUBDIVISION MAP ACT FINDINGS: Based on the
information set forth in the agenda report and accompanying maps
and studies, the Planning Commission has determined that the
Tentative Parcel Map, with imposition of the attached Conditions
of Approval, meets the requirements of California Government
Code Sections 66473.5, 66474, 66474.6, and 66478.1 et seq., in
that:
A. The proposed map is consistent with the city's General
Plan, in that the resulting lot sizes will be in keeping
S: \Community Development \DEV PMTS \T P M \5494 Eadson (Calleguas) \PC Report and Reso \PC Reso PD &
MAP. doc
PC ATTACHMENT 3
000047
Resolution No. PC -2004-
Page 2
with the minimum sizes established by the Land Use Element
of the General Plan. The General Plan and Zoning Code
envision public facilities and utilities in most zones and
Specific Plans.
B. The design and improvements of the proposed subdivision are
consistent with the applicable General Plan, in that the
character of the neighborhood as envisioned in the General
Plan will be preserved.
C. The site is physically suitable for the type of development
proposed, in that the site has been prepared for
development of public facilities, will require minimal
grading, and has adequate access and utility service.
D. The site is physically suitable for the proposed
development, in that the size of the pad area on the
subject property is such that the creation of one (1)
additional lot as proposed in this request can be
accommodated without major alteration of existing terrain.
E. The design of the subdivision and the proposed improvements
are not likely to cause substantial environmental damage,
in that the site already exists in a disturbed state, and
the creation of one (1) additional lot as proposed in this
request can be accommodated without major alteration of
existing terrain.
F. The design of the subdivision and the type of improvements
are not likely to cause serious public health problems, in
that public sanitation services are available to the
subject property, and will be required to meet the current
City standards.
G. The design of the subdivision and the type of improvements
will not conflict with easements acquired by the public at
large, for access through, or use of the property within
the proposed subdivision, in that no easements exist which
will be adversely affected by the subdivision of land on
the subject property.
H. There will be no discharge of waste from the proposed
subdivision into an existing community sewer system in
violation of existing water quality control requirements
under Water Code Section 13000 et seq., in that no
community sewer system exists or is proposed on the
property.
I. The proposed subdivision does not contain or front upon any
public waterway, river, stream, coastline, shoreline, lake,
Resolution No. PC -2004-
Page 3
or reservoir, in that the subject property is situated in a
hillside area away from natural drainage courses or other
bodies of water.
SECTION 2. PLANNING COMMISSION ACTION: The Planning
Commission hereby approves Tentative Parcel Map No. 5494 subject
to the Conditions of Approval included in Exhibit A, attached
hereto and incorporated herein by reference.
SECTION 3. CERTIFICATION OF ADOPTION: The Community
Development Director shall certify to the adoption of this
resolution and shall cause a certified resolution to be filed in
the book of original resolutions.
The action of the foregoing direction was approved by the
following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
PASSED, AND ADOPTED this 16th day of November, 2004.
Scott Pozza, Chair
ATTEST:
Barry K. Hogan
Community Development Director
Exhibit A - Conditions of Approval
MMEM
Resolution No. PC -2004-
Page 4
EXHIBIT A
CONDITIONS OF APPROVAL
FOR PARCEL MAP No. 5494
1. This approval is for a Tentative Parcel Map only. Any further
development of the property will require City review to determine City
permits that will be required.
2. All conditions, restrictions, requirements, and easements associated
with Specific Plan No. 1992 -01, Ordinance No. 195, Tract Nos. 4973,
4980, and Residential Planned Development Permit No. 1998 -06 will
continue to apply to both newly created parcels, except as modified by
the conditions herein.
3. Within thirty (30) calendar days of approval of this subdivision, the
applicant shall sign and return to the Planning Division an Affidavit
of Agreement and Notice of Entitlement Permit Conditions of Approval,
indicating that the applicant has read and agrees to meet all
Conditions of Approval of this subdivision. The Affidavit of
Agreement /Notice shall include a legal description of the subject
property, and have the appropriate notary acknowledgement suitable for
recordation. The Final Map shall include the final Conditions of
Approval and a reference to the adopted City Council resolution in a
format acceptable to the Community Development Director.
4. Approval of this subdivision shall expire three (3) years from the date
of its approval unless a Final Map or Parcel Map is recorded or the
approval time is extended. The Community Development Director may, at
his /her discretion, grant up to two (2) additional 1 -year extensions
for Map recordation, if there have been no changes in the adjacent
areas and if the applicant can document that he /she has diligently
worked towards Map recordation during the initial period of time. The
request for extension of this Map shall be made in writing, at least
thirty -days prior to the expiration date of the permit and shall be
accompanied by a similar request for time extension of the Planned
Development Permit and applicable entitlement processing deposits.
S. The Conditions of Approval of this subdivision and all provisions of
the Subdivision Map Act, City of Moorpark Municipal Code and adopted
City policies at the time of the subdivision approval supersede all
conflicting notations, specifications, dimensions, typical sections and
the like which may be shown on said Map.
6. Conditions of this entitlement shall not be interpreted as permitting
or requiring any violation of law or any unlawful rules or regulations
or orders of an authorized governmental agency.
7. 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
subdivision, 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 subdivider of any such claim, action or
proceeding, and, if the City should fail to do so or should fail to
Resolution No. PC -2004-
Page 5
cooperate fully in the defense, the subdivider 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 Final Map is ultimately recorded with respect to the
subdivision.
8. 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.
9. Prior to or concurrently with the approval of the Parcel Map, the
applicant shall submit to the City Engineer the City's electronic image
conversion fee for the Parcel Map.
Please contact the ENGINEERING DEPARTMENT for compliance with the
following conditions:
10. The Final Map shall be prepared in accordance with, "Guide for the
Preparation of Tract maps, Parcel Maps and Records of Survey /Corner
Records" as published by the Public Works Agency of the County of
Ventura. The various jurats /notary acknowledgements and certificates
shall be modified as appropriate to reflect the jurisdiction of the
City and the location of the subdivision within the City. The final
map shall provide that each lot corner shall be monumented and that
each street centerline intersection, tangent point and terminus shall
be monumented with Ventura County Road Standard survey monument plate
E -4. Street monuments shall be intervisible. The E -4 monument disk
stamping shall read, "City of Moorpark" and shall be center punched to
show the corner and stamped with the registration or license number of
the professional responsible for its location.
11. Concurrently with the submittal of the Final Map the applicant shall
submit a current preliminary title report to the City Engineer, which
clearly identifies all interested parties, lien holders, lenders and
all other parties having any record title interest in the real property
being subdivided. The preliminary title report shall identify the
holders of any easements that affect the subdivision and shall contain
the vesting deeds of ownership and easements. Thirty (30) days prior to
the submittal of the Final Map Mylar® sheets, the applicant shall
provide the City Engineer a subdivision guarantee policy of the
property within the Final Map and preliminary title report for each
area of easement proposed to be obtained for grading or construction of
improvements.
Resolution. No. PC -2004-
Page 6
12. Prior to, or concurrently with, the submittal of the Final Map the
applicant shall provide written evidence to the City Engineer that a
copy of the conditionally approved Tentative Map, together with a copy
of Section 66436 of the State Subdivision Map Act, has been transmitted
to each public entity or public utility that is an easement holder of
record. The applicant shall obtain subordination of senior rights of
easement from any such public utility in favor of the City.
13. Prior to Final Map approval and upon submittal of the Final Map Mylar®
sheets, the applicant shall provide the City Engineer electronic files
of the Final Map, complete in every fashion except for signatures, in a
format satisfactory to the City Engineer.
14. Upon recordation of the Final Map(s) the applicant shall forward a
photographic process copy on 3 -mil polyester film of the recorded
Map(s) to the City Engineer.
15. All lot -to -lot drainage easements or secondary drainage easements shall
be delineated on the Final Map. Assurance in the form of an agreement
shall be provided to the City that these easements shall be adequately
maintained by property owners to safely convey stormwater flows. Said
agreement shall be submitted to the City Engineer for review and
approval and shall include provisions for the owners association to
maintain any private storm drain not maintained by a City Assessment
District in conformance with the National Pollution Discharge
Elimination System (NPDES) and shall be a durable agreement that is
binding upon each future property owner of each lot.
Please contact the VENTURA COUNTY FIRE PROTECTION DISTRICT for
compliance with the following conditions:
16. At least fourteen (14) days prior to recordation of any Maps, including
Parcel Map Waivers, the applicant shall submit two (2) copies of the
Map to the Fire Prevention Division for review and approval.
17. Within seven (7) days of the recordation of the Final Map(s), an
electronic version of the Map shall be provided to the Fire District.
18. Prior to Final Map, the applicant shall provide to the Fire District,
written verification from the water purveyor that the water purveyor
can provide the required fire flow, as determined by the Fire District.
Please contact the VENTURA COUNTY WATERSHED PROTECTION DISTRICT for
compliance with the following conditions:
19. No direct storm drain connections to Ventura County Flood Control
District facilities will be allowed without appropriate Best Management
Practices (BMP's) for compliance with Ventura Countywide Stormwater
Program.
- END -
1
ITEM: 8.D.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: Barry K. Hogan, Community Development Direc
Prepared by Paul Porter, Principal Plann
DATE: November 5, 2004 (PC Meeting of 11/16/04)
SUBJECT: Consider Conditional Use Permit No. 2004 -04, a Request
for a Master Conditional Use Permit to Allow a Maximum of
Four (4) Restaurant Uses to Serve Alcoholic Beverages in
Conjunction with Food Service at the LA Spring Shopping
Center (CPD No. 2002 -01), Located at the Northeast Corner
of New Los Angeles Avenue and Spring Road, on the
Application of GreeneWay Development, Inc.
BACKGROUND
On June 4, 2003, the City Council adopted Resolution No. 2003 -2091
approving Commercial Planned Development Permit No. 2002 -01 for a
21,786 square foot shopping center expansion project on
approximately 2.29 acres. This project is nearing the completion
of construction. On October 6, 2004, GreeneWay Development, Inc.
submitted a Conditional Use Permit (CUP) application requesting
approval to allow a maximum of four (4) restaurants to serve
alcoholic beverages in conjunction with food service.
DISCUSSION
Project Setting
Existing Site Conditions:
The shopping center expansion under construction consists of three
(3) single- story' commercial buildings within an existing
neighborhood retail center. The project site already has been
developed with a McDonald's restaurant, Blockbuster Video and
Starbuck's Coffee store.
S: \Community Development \DEV PMTS \C U P \2004 \04 Greeneway \Agenda Rpts \PC Agenda Report.doc 000,053
Honorable Planning Commission
November 16, 2004
Page 2
GENERAL PLAN /ZONING
Direction
Zoning
General Plan
Land Use
Site
CPD
C -2
Shopping Center
.... __...........__............_.__._.........---- ..............-- .............
.----....................--- ........................ ---- ........................
..-----._............................................------.-.- .....................
........ _... -------- ..... ......................_.... - - -- ._._................................. ----- .............................. .
Residential
North
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VH
Condominiums and
.............. -.................__..........._.__..... ........._._.................__
.................... ---........................----........................-----...
.................................... -----.--.............. ........................_... - --
Apartments
-._._................................-------- .............................. - - -- . _..........................._..
South
CPD
C -2
Gas Station and
Shopping Center
......... _._ ............ --- ...............__...............---..............----.
............ ----.....................---._..........................----.............
.................. ----._._...............................................-------._.................................------..._..
............................ - -- . ............................... - -- .............
Residential
East
RPD -15du
VH
.... __ .............. __...........-_ ............... ---...............---...............----.....................__........................------..........................-.-_--..
.... .._......................................-.....-----._........................
Apartments
..... ............ -----._......................................-----._._.............................---- ..............................
Single- family
West
R -1
M
Residential
General Plan and Zoning Consistency:
Chapters 17.20 of the Municipal Code require a Planning Commission
approved Conditional Use Permit for on -site consumption of
alcoholic beverages in conjunction with food service, if the
project is within one - hundred (100) feet of residentially -zoned
property.
Proposed Project
Hours of Operation:
No limit to the hours of operation was specified in Resolution No.
2003 -2091, which approved construction of the shopping center
expansion project. However, limits to the hours that businesses
may serve alcohol for Commercial Planned Development Permit has
been suggested by the Police Department. A condition of approval
limiting the hours of alcoholic beverage service from 10:00 a.m. to
10:00 p.m. is included in the draft resolution.
Police Department Comments:
The Police Department has reviewed this proposal and has no
opposition to the approval of the request with recommended
conditions of approval. These conditions have been included in the
draft resolution.
Approval Criteria:
This project is within Census Tract 76.02 which is bounded on the
north by High Street and Poindexter Avenue, on the east and south
by the Arroyo Simi and on the west by Hitch Road. The State's
Department of Alcoholic Beverage Control (ABC) noted that this
census tract has an over - concentration of points of sale, as there
Honorable Planning Commission
November 16, 2004
Page 3
is either an elevated number of reported crimes or the ratio of
licensed point of sales exceeds the ratio of licenses for the
census tract population. When an over - concentration is determined,
the City is granted the authority under AB 2897 to make findings of
Public Convenience and Necessity that can result in a subsequent
approval of the alcoholic beverage service location. Although an
over - concentration has been deemed to exist, a Conditional Type 47
License (to allow the sale of alcoholic beverages including liquor)
can be approved. An ABC permit for each eating facility would be
valid for a one (1) year period.
In this case, the over - concentration is related to the boundaries
of Census Tract 76.02, which encompasses the commercial and
industrial core of Moorpark. Other census tracts in the City, such
as 76.06 (northwestern portion of City, 76.07 (Mountain Meadows
south of Tierra Rejada) and 76.08 (Peach Hill and Mountain Meadows
north of Tierra Rejada) have very little land zoned for commercial
uses and few businesses that serve alcoholic beverages.
ANALYSIS
There are no areas of concern relative to this application with the
inclusion of the draft conditions that minimize potential problems
related to the sale of alcoholic beverages in conjunction with food
service. Hours of alcoholic beverage service would be limited to
10:00 a.m. to 10:00 p.m., alcoholic beverage sales can comprise of
no more than 500 of the gross sales of food, permits will be
required for events that include live entertainment, the businesses
must correct any safety or security concerns upon written notice of
such problem by the City, employees involved in the serving of
alcoholic beverages must attend training from the State Department
of Alcoholic Beverage Control (ABC), and all conditions imposed by
either the City or ABC must be adhered to.
Approval of this application would not be a blanket approval of
four restaurant uses, but an allowance for each approved restaurant
that met city parking standards to have alcoholic beverages.
Findings
Conditional Use Permit Findings:
A. The proposed use is consistent with the provisions of the
City's General Plan, Zoning Ordinance and any other applicable
regulations in that the commercial project has previously been
approved for restaurant uses as allowed under the City's
Zoning Ordinance.
000105
Honorable Planning Commission
November 16, 2004
Page 4
B. The proposed use is compatible with both existing and
permitted land uses in the surrounding area in that the
commercial project has previously been approved for restaurant
uses under Commercial Planned Development No. 2002 -01.
C. The proposed use is compatible with the scale, visual
character and design of the surrounding properties in that the
design complements previously approved projects in the area of
the development.
D. The proposed use will not be obnoxious or harmful or impair
the utility of the neighboring properties or uses as it is
consistent with other approved commercial projects within the
city.
E. The proposed use will not be detrimental to the public health,
safety, convenience, or welfare, as the project has been
conditioned to protect the public's health and safety.
Additional Findings for Establishments Selling Alcoholic
Beverages include the following:
F. The use will not result in an over - concentration in the area
of establishments selling alcoholic beverages as the project
site is located in the commercial core of Moorpark where
restaurants are expected uses. The alcoholic beverage service
will be secondary and incidental to food service. Conditions
of approval will minimize potential problems generated by the
sale of alcohol in conjunction with food service.
Additionally, the ABC - issued license is issued on a yearly
basis. In order to obtain an additional yearly license to
continue to serve alcoholic beverages, the applicant must
demonstrate that all conditions of the permit have been
satisfied.
G. The use will serve a public convenience. Allowing service of
alcoholic beverages in conjunction with food service is
secondary and incidental to the food service use.
H. The use will not increase the need for police services.
Adherence to the conditions will minimize the need for future
police service as a result of alcoholic beverage service sales
in conjunction with food service
I. The requested use at the proposed location will not adversely
affect the economic welfare of the community. The site is
zoned Commercial Planned Development (CPD) and the commercial
project has previously been approved by the City Council.
Honorable Planning Commission
November 16, 2004
Page 5
J. The exterior appearance of the buildings will not be
inconsistent with the external appearance of commercial
structures already constructed or under construction on
surrounding properties, or within the immediate neighborhood
so as to cause blight, deterioration or substantially diminish
or impair property values within the neighborhood.
Restaurants within the commercial development will not require
external modifications to the buildings as a result of the
alcoholic beverage service.
ENVIRONMENTAL DETERMINATION
In accordance with the City's environmental review procedures
adopted by resolution, the Community Development Director
determines the level of review necessary for a project to comply
with the California Environmental Quality Act (CEQA). Some projects
may be exempt from review based upon a specific category listed in
CEQA. Other projects may be exempt under a general rule that
environmental review is not necessary where it can be determined
that there would be no possibility of significant effect upon the
environment. A project which does not qualify for an exemption
requires the preparation of an Initial Study to assess the level of
potential environmental impacts.
Based upon the results of an Initial Study, the Director may
determine that a project will not have a significant effect upon
the environment. In such a case, a Notice of Intent to Adopt a
Negative Declaration or a Mitigated Negative Declaration is
prepared. For many projects, a Negative Declaration or Mitigated
Negative Declaration will prove to be sufficient environmental
documentation. If the Director determines that a project has the
potential for significant adverse impacts and adequate mitigation
cannot be readily identified, an Environmental Impact Report (EIR)
is prepared.
The Community Development Director has determined that this project
is consistent with the findings of the Negative Declaration and any
amendments thereto approved in connection with the LA Spring
shopping center project (CPD No. 2002 -01) and that no additional
environmental documentation is necessary.
PROCESSING TIME LIMITS
Time limits have been established for the processing of development
projects under the Permit Streamlining Act (Government Code Title
7, Division 1, Chapter 4.5), the Subdivision Map Act (Government
Code Title 7, Division 2), and the California Environmental Quality
=:1
Honorable Planning Commission
November 16, 2004
Page 6
Act Statutes and Guidelines (Public Resources Code Division 13, and
California Code of Regulations, Title 14, Chapter 3) . Under the
applicable provisions of these regulations, the following timelines
have been established for action on this project:
Date Application Deemed Complete: November 5, 2004
Planning Commission Action Deadline: January 5, 2005
STAFF RECObMNDATIONS
1. Open the public hearing, accept public testimony and close the
public hearing.
2. Adopt Resolution No. PC -2004- approving Conditional Use
Permit No. 2004 -04, subject to conditions.
ATTACHMENTS:
1. Location Map
2. Draft Resolution No. PC -2004- with Conditions of Approval
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RESOLUTION NO. PC -2004-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. 2004 -04 TO ALLOW A
MAXIMUM OF FOUR (4) RESTAURANT USES TO SERVE
ALCOHOLIC BEVERAGES IN CONJUNCTION WITH FOOD
SERVICE AT THE LA SPRING SHOPPING CENTER (CPD NO.
2002 -01) LOCATED AT THE NORTHEAST CORNER OF NEW
LOS ANGELES AVENUE AND SPRING ROAD ON THE
APPLICATION OF GREENEWAY DEVELOPMENT, INC.
(ASSESSOR PARCEL NO. (512 -0- 180 -09)
WHEREAS, at a duly noticed public hearing on November 16,
2004, the Planning Commission considered Conditional Use Permit
No. 2004 -04, on the application of GreeneWay Development, Inc,
to allow for the service of alcoholic beverages in conjunction
with food service at a maximum of four (4) restaurants at the LA
Spring shopping center located at the northeast corner of Los
Angeles Avenue and Spring Road (Assessor Parcel No. 512- 0 -180-
09); and
WHEREAS, at its meeting of November 16, 2004, the Planning
Commission considered the agenda report and any supplements
thereto and written public comments, opened the public hearing,
took and considered public testimony both for and against the
proposal, closed the public hearing, and reached a decision on
this matter; and
WHEREAS, the Community Development Director has determined
that this project is consistent with the findings of the
Negative Declaration and any amendments thereto approved in
connection with the LA Spring shopping center project (CPD No.
2002 -01) and that no additional environmental documentation is
necessary.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DOCUMENTATION: The Planning
Commission concurs with the finding of the Community Development
Director that this project is consistent with the findings of
the Negative Declaration and any amendments thereto approved in
connection with the LA Spring shopping center project (CPD No.
2002 -01) and that no additional environmental documentation is
necessary.
S: \Community Development \DEV PMTS \C U 2\2004 \04 Greeneway \Reso \PC Reso.doc
PC ATTACHMENT 2
Resolution No. PC -2004-
Page 2
SECTION 2. CONDITIONAL USE PERMIT FINDINGS: Based upon the
information set forth in the staff report(s), accompanying
studies, and oral and written public testimony, the Planning
Commission makes the following findings in accordance with City
of Moorpark, Municipal Code Section 17.44.040(D):
A. The proposed use is consistent with the provisions of the
City's General Plan, Zoning Ordinance and any other
applicable regulations in that the commercial project has
previously been approved for restaurant uses as allowed
under the City's Zoning Ordinance.
B. The proposed use is compatible with both existing and
permitted land uses in the surrounding area in that the
commercial project has previously been approved for
restaurant uses under Commercial Planned Development No.
2002 -01.
C. The proposed use is compatible with the scale, visual
character and design of the surrounding properties in that
the design complements previously approved projects in the
area of the development.
D. The proposed use will not be obnoxious or harmful or impair
the utility of the neighboring properties or uses as it is
consistent with other approved commercial projects within
the city.
E. The proposed use will not be detrimental to the public
health, safety, convenience, or welfare, as the project has
been conditioned to protect the public's health and safety.
FINDINGS FOR ESTABLISHMENTS SELLING ALCOHOLIC BEVERAGES:
F. The use will not result in an over - concentration in the
area of establishments selling alcoholic beverages as the
project site is located in the commercial core of Moorpark
where restaurants are expected uses. The alcoholic beverage
service will be secondary and incidental to food service.
Conditions of Approval will minimize potential problems
generated by the sale of alcohol in conjunction with food
service. Additionally, the ABC - issued license is issued on
a yearly basis. In order to obtain an additional yearly
license to continue to serve alcoholic beverages, the
applicant must demonstrate that all conditions of the
permit have been satisfied.
Resolution No. PC -2004-
Page 3
G. The use will serve a public convenience. Allowing service
of alcoholic beverages in conjunction with food service is
secondary and incidental to the food service use.
H. The use will not increase the need for police services.
Adherence to the conditions will minimize the need for
future police service as a result of alcoholic beverage
service in conjunction with food service
I. The requested use at the proposed location will not
adversely affect the economic welfare of the community.
The site is zoned Commercial Planned Development (CPD) and
the commercial project has previously been approved by the
City Council.
J. The exterior appearance of the buildings will not be
inconsistent with the external appearance of commercial
structures already constructed or under construction on
surrounding properties, or within the immediate
neighborhood so as to cause blight, deterioration or
substantially diminish or impair property values within the
neighborhood. Restaurants within the commercial development
will not require external modifications to the buildings as
a result of the alcoholic beverage service.
SECTION 3. PLANNING COMMISSION APPROVAL: The Planning
Commission hereby approves Conditional Use Permit No. 2004 -04
subject to the Special and Standard Conditions of Approval
included in Exhibit A (Special and Standard Conditions of
Approval), attached hereto and incorporated herein by reference.
SECTION 4. CERTIFICATION OF ADOPTION: The Community
Development Director shall certify to the adoption of this
resolution and shall cause a certified resolution to be filed in
the book of original resolutions.
The action of the foregoing direction was approved by the
following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Resolution No. PC -2004-
Page 4
PASSED, AND ADOPTED this 16th day of November, 2004.
Scott Pozza, Chair
ATTEST:
Barry K. Hogan
Community Development Director
Exhibit A: Special and Standard Conditions of Approval
Resolution No. PC -2004-
Page 5
EXHIBIT A
SPECIAL AND STANDARD CONDITIONS OF APPROVAL
FOR CONDITIONAL USE PERMIT (CUP) No. 2004 -04
SPECIAL CONDITI NS
1. Approval of this Conditional Use Permit is not approval of
the any restaurant uses for the center. Each restaurant
use shall meet the parking requirements of the City. Once
the restaurant use has been approved for the center it may
be allowed o sell alcoholic beverages in accordance with
this Conditional Use Permit.
2. Sales, service or consumption of alcoholic beverages shall
be permitt d only between the hours of 10:00 a.m. and 10:00
p.m. each ay of the week.
3. Entertainm nt is not approved as part of this Conditional
Use Permits and shall require approval of a separate permit
for each restaurant that has entertainment.
4. The quarterly gross sales of alcoholic beverages shall not
exceed 50 of the gross sales of food during the same
period. The restaurant shall at all times maintain records
which reflect separately the gross sale of food and the
gross sales of alcoholic beverages of the business. Said
records sliall be kept no less frequently than on a
quarterly basis, and shall be made available to the
Moorpark P lice Department upon demand.
5. Areas inside the establishment open to customers shall be
illuminated sufficiently to allow the identification of
persons. Lighting shall be approved by the Police
Department.
6. The manager or his /her designee shall be responsible to
police th� exterior of the business to assure that no
alcoholic beverages are consumed on any property adjacent
to the restaurant. The owner / manager shall not permit any
loitering �n any property adjacent to the restaurant.
7. There shall be no exterior advertising of any kind or type,
including advertising directed to the exterior from within,
promoting '�or indicating the availability of alcoholic
beverages. Interior displays of alcoholic beverages that
are clearly visible to the exterior shall constitute a
violation of this condition.
Resolution No. PC -2004-
Page 6
8. The Business must correct any safety or security problem
upon written notice of such a problem from the Moorpark
Police Department.
9. Any and all employees directly involved or supervising the
sale of alcoholic beverages shall provide evidence and the
business shall maintain records that employees have
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. The owner /manager shall confirm with
the California Department of Alcoholic Beverage Control
within fifteen (15) days of hire that any new employee has
been scheduled with the local Santa Barbara ABC office to
attend the LEAD program course.
STANDARD CONDITIONS
10. The applicant's acceptance of this permit and /or
commencement of construction and /or operations under this
permit shall be deemed to be acceptance of all conditions
of this permit.
11. 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.
12. Conditions of this entitlement shall not be interpreted as
permitting or requiring any violation of law or any
unlawful rules or regulations or orders of an authorized
governmental agency.
13. 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.
0 () '0I 5,
Resolution No. PC -2004-
Page 7
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.
14. 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.
FEES
15. Entitlement Processing: Prior to the acceptance of any
Zoning Clearance, entitlement, building permit, grading
permit, or advanced grading permit, the applicant shall
submit to the Community Development Director, all
outstanding entitlement case processing fees, including all
applicable city legal service fees. This payment shall be
made within sixty (60) calendar days of approval of this
permit.
-End-
ITEM: 9. A.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: Barry K. Hogan, Community Development Dirto
Prepared By: Laura Stringer, Senior Manag ec nt alystp
DATE: November 4, 2004 (PC Meeting of 11/16/04)
SUBJECT: Consider Resolution Adopting Revised Rules of Procedure
for Commission Meetings and Related Functions and
Activities, and Rescinding Resolution No. PC- 2002 -430
BACKGROUND /DISCUSSION
On November 3, 2004, the City Council Adopted Ordinance No. 309
amending Moorpark Municipal Code Chapter 2.36, which sets forth
the requirements for the City of Moorpark Planning Commission,
including membership and term of office (Section 2.36.020) and
organization (Section 2.36.080). The amendment provides
additional flexibility in the regular meeting schedule, by
allowing the Planning Commission to set either one or two regular
meetings per month (similar to what is provided for in Chapter
2.32 for the Parks and Recreation Commission) and to provide
clarity and consistency for other procedures in the section.
Resolution No. PC- 2002 -430, Rules of Procedure for Commission
Meetings and Related Functions and Activities, also requires
amendment to provide consistency between the documents. Copies of
the October 20, 2004 City Council agenda report, Ordinance 309 and
the draft Planning Commission resolution are attached.
STAFF RECOMMENDATION
Adopt Resolution No. PC -2004
for Commission Meetings and
and rescinding Resolution No.
Attachments:
amending Rules of Procedure
Related Functions and Activities,
PC- 2002 -430.
1. October 20, 2004, City Council Agenda Report (w /o attachment).
2. Ordinance No. 309.
3. Draft Resolution No. PC -2004- in legislative format.
� 1c" 067
S: \Community Development \ADMIN \COMMISSION \P C POLICIES \agenda reports \2004 \pc 041116 rule dbc �"
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Barry K. Hogan, Community Development Directs
Prepared By: Laura Stringer, Senior Manag nt Analyst'
DATE: September 28, 2004 (CC Meeting of 10/20/04)
F:
SUBJECT: Consider Ordinance Amending Chapter 2.36- Planning
Commission of Title 2- Administration and Personnel of
the Moorpark Municipal Code
BACKGROUND
Moorpark Municipal Code Chapter 2.36 sets forth the requirements
for the City of Moorpark Planning Commission, including
membership and term of office (Section 2.36.020) and
organization (Section 2.36.080). Community Development staff is
suggesting the addition of language to both of these sections to
provide for clarity and flexibility.
DISCUSSION
Since February 2003, the Planning Commission has maintained a
regular meeting schedule of the first (1St) and third (3rd) Tuesday
of each month, with cancellations occurring from time to time
based on application case loads. Staff has reviewed historic
Planning Commission meeting activity, and suggests that both
Planning Commission and staff time would be better served with one
regular meeting per month. Staff and the current Planning
Commission prefer the second (2nd) Tuesday of each month. This
meeting would occur during the week between the two City Council
meetings for most of the year. A special meeting could be held on
the forth (4th) Tuesday of each month if scheduling of projects
required it. The day of the week and time would actually be
determined by the Planning Commission members after the
anticipated 2004 City Council reorganization and Planning
Commission appointment per Section 2.36.020.
PC ATTACHMENT 1 ,�
S: \Community Deveiopment \ADMIN \COMMISSION \P C POLICIES \agenda reports \2004 \cc 041020 ord rev.Q111 G 06 8
Honorable City Council
October 20, 2004
Page No. 2
Both the Municipal Code (Section 2.36.080) and the Planning
Commission Rules and Procedures require amendment to provide the
flexibility to set monthly meetings. Staff has prepared a draft
Ordinance proposing changes (in legislative format) to Chapter
2.36 - Planning Commission, that, if approved by City Council,
would provide additional flexibility in the regular meeting
schedule, by allowing the Planning Commission to set either one or
two regular meetings per month (similar to what is provided for in
Chapter 2.32 for the Parks and Recreation Commission) and to
provide clarity to other procedures in the section.
In addition, staff is suggesting additional language in Sections
2.36.020 and 2.36.080 to provide for situations where the
Commission does not hold a meeting during January (a situation
which has occurred during the last few years) or where the
Commission has a compelling need to adjust meeting schedules
during the year. The City Attorney has reviewed the proposed
Ordinance and had no changes to offer.
STAFF RECObMNDATION
1. Introduce Ordinance No. for first reading to approve
amendments to Chapter 2.36 (Planning Commission) of the
Moorpark Municipal Code.
2. Schedule second reading and adoption for November 3, 2004.
Attachment:
Draft Ordinance with proposed revisions in legislative format.
ORDINANCE NO. 309
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, AMENDING CHAPTER 2.36, PLANNING
COMMISSION, OF TITLE 2, ADMINISTRATION AND
PERSONNEL, OF THE MOORPARK MUNICIPAL CODE
WHEREAS, Chapter 2.36 of Title 2 of the Moorpark Municipal
Code sets forth the requirements for the Planning Commission,
and
WHEREAS, the City Council has determined that Section
2.36.020 of Chapter 2.36 should be amended to clarify the
nomination and appointment procedure for the Planning
Commission; and'
WHEREAS, the City Council has further determined that
Section 2.36.080 of Chapter 2.36 should be amended to clarify
the regular meeting schedule for the Planning Commission.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. Sections 2.36.020 and 2.36.080 of Chapter 2.36
of the Moorpark Municipal Code are hereby amended in their
entirety as follows:
"Section 2.36.020 Membership- -Term of Office.
A. The planning commission shall consist of five
(5) members to be appointed by the city council. The
mayor shall solicit suggested nominees from members of
the council. The mayor shall make a motion putting
forth a single name to be approved for appointment. A
second shall be required. The council shall vote on
each appointment to the commission individually. The
term of the planning commissioner shall be for a
period of two (2) years. All appointments shall occur
during the second regularly scheduled City Council
meeting held in December every even - numbered year, or
as soon as possible thereafter. The existing term of
each planning commissioner shall be extended until
such new appointments occur. If a vacancy occurs
otherwise than by expiration of a term, it shall be
filed for the unexpired portion of the term of office
by the same nomination process described herein for a
new term of office. The term of the ex officio or
PC ATTACHMENT 0 -0070
Ordinance No. 309
Page 2
advisory members shall correspond to their respective
terms of office.
B. Nothing in this chapter is intended to
preclude the reappointment of any planning
commissioner upon the expiration of his or her term.
Section 2.36.080 Organization.
A. At the first regular meeting of each year, the
planning commission shall elect its chair from among
the appointed members for the term of one (1) year
and, subject to other provisions of law, may create
and fill such other offices as it may determine.
B. The commission shall hold regular monthly or
bimonthly meetings as determined by the commission at
its first meeting of each year, such determination to
include the dates, time and place of such meetings.
Should a need arise during the year, the commission
may, by a majority vote, revise the dates, time and
place of such meetings.
C. The commission may hold such additional
adjourned or special meetings as may be called in
accordance with the provisions of the Government Code.
D. If any regular meeting falls on a holiday, it
shall be held on the next scheduled business day and
all meetings otherwise scheduled or noticed to be held
on a regular meeting day falling on a holiday shall be
held at the meeting of the next business day without
the necessity of any other or further notice."
SECTION 2. If any section, subsection, sentence, clause,
phrase, part or portion of this Ordinance is for any reason held
to be invalid or unconstitutional by any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council declares
that it would have adopted this Ordinance and each section,
subsection, sentence, clause, phrase, part or portion thereof,
irrespective of the fact that any one or more section,
subsections, sentences, clauses, phrases, parts or portions be
declared invalid or unconstitutional.
0-00071,
Ordinance No. 309
Page 3
SECTION 3. This Ordinance shall become effective thirty (30)
days after its passage and adoption.
SECTION 4. The City Clerk shall certify to the passage and
adoption of this Ordinance; shall enter the same in the book of
original ordinances of said City; shall make a minute of the
passage and adoption thereof in the records of the proceedings of
the City Council at which the same is passed and adopted; and
shall, within fifteen (15) days after the passage and adoption
thereof, cause the same to be published once in the Moorpark Star
a newspaper of general circulation, as defined in Section 6008 of
the Government Qode, for the City of Moorpark, and which is hereby
designated for that purpose.
PASSED AND ADOPTED this 3
ATTEST:
Deborah S. Traffenste , City Clerk
00 G, 0 '7
Ordinance No. 309
Page 4
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Deborah S. Traffenstedt, City Clerk of the City of
Moorpark, California, do hereby certify under penalty of perjury
that the foregoing Ordinance No. 309 was adopted by the City
Council of the City of Moorpark at a regular meeting held on the
3rd day of November, 2004, and that the same was adopted by the
following vote:
AYES: Councilmembers Harper, Mikos, Millhouse, Parvin,
and Mayor Hunter
NOES: None
ABSENT: None
ABSTAIN: None
WITNESS my hand and the official seal of said City this 4th day
of November, 2004.
Deborah S. Traffensted City Clerk
(seal)
00007
RESOLUTION NO. PC- 2004 -4-3G
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, ADOPTING
REVISEDAMENDING T ESGT iTiGN PTO. PG-2092--l-
REGARD!
TT'" RULES OF PROCEDURE FOR COMMISSION
MEETINGS AND RELATED FUNCTIONS AND ACTIVITIES, AND
RESCINDING RESOLUTION NO. PC- 2002 -430.
WHEREAS, Section 2.04.040 of the Moorpark
Municipal Code requires that the City Council adopt Rules of
Procedure to govern the conduct of its meetings and any of its
other functions and activities; and
WHEREAS, the City Council has adopted said Rules of Procedure
and has directed the Planning Commission to adopt Rules of
Procedures that are consistent with those as adopted by the City
Council.
NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of
the City of Moorpark that Resolution No. PC 2002 -430 is hereby
rescinded, and that Rules of Procedure for Commission Meetings and
Related Functions and Activities are hereby adopted, to read as
follows:
SECTION 1. GENERAL PROVISIONS
1.1 Purpose:
The purpose and intent of the Commission in adopting these
rules shall be to provide directory guidelines relating to the
conduct of the public business by the Commission. In the event of
any non - compliance with, or violation of, any provision herein,
such shall not be deemed to affect the validity of any action
taken, unless otherwise specifically provided by law.
1.2 Procedures in Absence of Rules:
In the absence of a rule herein to govern a point or
procedure, Robert's Rules of Order, Newly Revised, shall be used
as a guide.
SECTION 2. ORDER OF BUSINESS
2.1 Agenda:
The Order of Business of each meeting shall be as contained
in the Agenda prepared by the Records Secretary. The Agenda shall
be a listing by topic of the items of business which shall be
transacted or discussed in the following order:
1. Call to Order
2. Pledge of Allegiance
3. Roll Call
4. Proclamations, Commendations and Special Presentations
PC ATTACHMENT 3
Resolution No. PC- 2004 -4-3-G
Page 2
5. Reordering of, and Additions to, the Agenda
6. Consent Calendar
7. Public Comments
8. Public Hearings
9. Discussion Items
10. Announcements or Future Agenda Items
11. Adjournment
2.2 Delivery of Agenda Packet:
Barring insurmountable difficulties, the Agenda shall be
delivered ordinarily to Commissioners on or before each Thursday
preceding the meeting to which it pertains.
The Agenda shall also be available to the general public
after it is posted. Agenda reports will be available to the
general public after distribution to the Commission.
2.3 Call to Order:
The meeting of the Commission shall be called to order by the
Chair or, in his /her absence, by the Vice -Chair who shall serve
until the arrival of the Chair. In the absence of both the Chair
and the Vice - Chair, the meeting shall be called to order by the
Records Secretary. The Records Secretary shall immediately call
for the selection of a temporary Presiding Officer who shall serve
until the arrival of the Chair or Vice -Chair or until adjournment.
2.4 Roll Call /Quorum:
Before proceeding with the business of the Commission, the
Records Secretary shall call the roll of the Commission and the
names of those present shall be entered in the minutes. The order
of roll call shall be alphabetical with the Chair called last.
Unless otherwise provided for by law, a majority of the Commission
shall constitute a quorum sufficient to do business.
2.5 Reordering of, and Additions to, the Agenda:
Except with majority consent of the Commissioners present and
voting, items may not be taken out of order.
Any Commissioner, the City Manager, the City Attorney,
Director of Community Development or the Records Secretary may
bring to the attention of the Commission new items of business
which can be placed on the agenda by majority vote for discussion
and action in the event of an emergency situation or when the need
to take action arose subsequent to the posting of the agenda,
consistent with applicable State law.
In addition to having the opportunity to reorder the agenda
as order of business number 5, the Chair shall suspend the item
0 CkGo i 5
Resolution No. PC-200-2-4-4-3-G.
Page 3
under discussion at 11:30 p.m. in order that the agenda may be
reordered by majority vote of the Commissioners present and
voting. The Records Secretary shall notify the Chair that the time
for reordering the agenda has arrived.
2.6 Public Comments:
Any member of the public may address the Commission on any
subject within the jurisdiction of the Commission which is not
listed on the Agenda as a public hearing item. Speakers will be
heard in the order that their speaker cards are received by the
Records Secretary prior to the Call to Order of the meeting. A
limitation of 3 minutes shall be imposed upon each speaker. By
majority vote of the Commission present and voting, the number of
speakers shall be limited at any single meeting. The speaker shall
be governed by the rules of Sections 6.1, 6.2 and 6.3.
Commissioners shall reserve their comments and responses until the
end of the public comments period.
Speakers may be heard at greater length at the end of the
agenda by majority vote of the Commissioners present and voting.
The Records Secretary shall hold over to the next adjourned
regular or regular meeting, timely submitted speaker cards of
speakers who were not heard during the public comments period, and
those speakers shall be given priority in the order that their
speaker cards were originally received during the public comments
period of the next meeting.
Speakers at a regular meeting shall not be allowed to address
the same subject at an adjourned meeting of the regular meeting at
which they spoke, except by a four - fifth's majority vote of the
Commission.
2.7 Consent Calendar:
Minutes of previous Commission meetings, items of a routine
nature and items recommended to be received and filed shall be
placed on the consent calendar. All items may be approved by one
blanket motion by unanimous vote of those present and voting.
However, a Commissioner may abstain from voting on any consent
calendar item without requesting its withdrawal, and the Records
Secretary shall record any such abstention in the minutes. An
abstention shall be considered a vote in favor of the motion for
purposes of determining unanimous consent.
Prior to a motion on the consent calendar, any Commissioner
may request that any item be withdrawn from the consent calendar
for separate consideration. Items withdrawn from the consent
calendar shall be considered immediately in the order that they
were withdrawn, provided that the Commissioner who requested that
an item be withdrawn may also request that it be considered under
the Discussion /Action Items portion of the Agenda. All such items
shall be considered at the end of Discussion /Action Items in the
Resolution No. PC-20072-4 -4-3-G.
Page 4
order that they were withdrawn from the consent calendar.
2.8 Public Hearinas:
Items shall be placed under this topic if (i) a public
hearing is required by law; (ii) the item is the consideration of
an application or an appeal; or (iii) the item has been set for
public hearing by the Commission.
Public hearings shall be conducted in the following order:
Staff report
Questions of Staff by Commission
Hearing Opened by Chair
Testimony by Applicant
Other Public Testimony
Rebuttal by Applicant
Questions by Commission
Hearing Closed by Chair
Discussion by Commission
Action by Commission
Any public hearing which is continued from one meeting to
another shall be placed first on the Agenda under Public Hearings,
and if more than one, shall appear in the same order as shown on
the previous Agenda. The order of the Agenda under Public Hearings
may not be changed, except with the unanimous consent of the
Commissioners present.
Questions or comments from the public shall be limited to the
item under consideration and the speaker shall be governed by the
provisions of Sections 6.1 and 6.2. Depending upon the extent of
the Agenda and the number of persons desiring to speak of an item,
the Chair may, at the beginning of the hearing, limit testimony,
but in no event to less than 3 minutes per individual. Speaker
cards must be presented in person by the person wishing to speak.
The passing of time from one speaker to another or speaking in
place of another speaker is not allowed.
An applicant's initial presentation shall be limited to
thirty (30) minutes, with consultant participation generally
limited to answering specific Commission questions. Subsequent
presentations by an applicant shall be limited to ten (10)
minutes.
Written statement cards may be submitted in lieu of
addressing the Planning Commission. The number of cards received
in favor of, or in opposition to, a public hearing item under
consideration shall be verbally reported to the Commission by the
1
Resolution No. PC- 2004 --4-3-&
Page 5
Records Secretary along with a brief summary of specific
concerns /comments listed on each card. The verbal report shall
be given following the last public speaker for the public hearing
and prior to the rebuttal by the applicant. The names of those
submitting written statement cards shall be recorded in the
minutes of the meeting and the written statement cards will
become a part of the official record.
2.9 Comments from Commissioners:
Any Commissioner may comment on any matter that is not on the
Agenda.
2.10 Discussion /Action Items:
Items that involve recommendations to the Planning Commission
and items of a non - routine nature shall be placed under this
topic.
2.11 Future Agenda Items
Any Commissioner during the meeting who has not previously
requested to have an item placed on a future agenda may do so
under this topic.
SECTION 3. PRESIDING OFFICER
3.1 Selection and Term:
The Chair shall be the Presiding Officer at all meetings of
the Commission, except as otherwise provided in Section 2.3. At
its first regular meeting of the year,in janiaary eaeh year, er--at
its next LequlaLc Faeeting fellewing the City Geaneil appeintment -ef
plann1nEJ Geffi ' ssienei —moreld e vLezy=even ni- iFaeLaed yeaLc,
the
Commission shall - -elect a Chair and Vice -Chair from among the
appointed members, to serve for �_ that ear ei.r.
_._._..... — ._...........__ - -- – - y _c --- ( i \
s e sue e t e e v. l � ---- -........._._....
�� . Vic^ �� Ta a terra iT� eroL a- , the �i�e,..gnz-ca-
Gem ^ner-s held e veiFyeye3Z ntlffibereeyeaL-, —er unless LemeSdca
see e-this Seeti-e� Each selection shall be by three
(3) or more affirmative votes, and a failure to achieve such total
of affirmative votes shall be deemed a selection of the incumbent
to remain in office. Each person so selected shall serve until the
end of the e-.v--year e or until a successor is chosen (at any
time) by three (3) or more affirmative votes, whichever first
occurs.
If a vacancy in the position of Chair occurs for any reason
except for removal of the Chair pursuant to this Section, the
Vice -Chair shall assume the position of Chair until a successor is
chosen.
3.2 Participation of Presiding Officer:
Resolution No. PC-200-2-4-4-3G.
Page 6
The Presiding Officer may move, second and debate from the
chair, subject only to such limitations of debate as are imposed
on all Commissioners. He /she shall be accorded all of the rights
and privileges of a Commissioner.
3.3 Maintenance of Order:
The Presiding Officer is responsible for the maintenance of
order and decorum at all times. The head of the City's police
agency or his /her designee shall be ex- officio sergeant -at -arms of
the Commission. He /she shall carry out all orders and instructions
given him /her by the Presiding Officer for the purpose of
maintaining order and decorum at the Commission meeting.
3.4 Rulings Final Unless Overruled:
The Presiding Officer shall decide all questions of
interpretation of these rules, points of order, maintenance of
order or other questions of procedure requiring rulings. Any such
decision shall be final and binding and (even if clearly
erroneous) for purposes of the item under consideration, unless
overridden by a majority vote of the Commissioners present and
voting. Any Commissioner may seek to have the Presiding Officer's
decision overridden by moving the question "Shall the decision of
the Presiding Officer be sustained ?"
SECTION 4. CONDUCT OF COMMISSIONERS
4.1 Decorum and Order:
(a) Any Commissioner desiring to speak shall address the
Presiding Officer and, upon recognition by the Presiding Officer,
shall confine himself /herself to the item under debate.
(b) A Commissioner desiring to question the staff shall
address his /her question to the Director of Community Development,
as appropriate, who shall be entitled either to answer the inquiry
or to designate some member of his /her staff for that purpose.
(c) A Commissioner, once recognized, shall not be
interrupted while speaking unless called to order by the Presiding
Officer, a point of order is raised by another Commissioner
pursuant to Section 3.4 or the speaker chooses to yield to
questions from another Commissioner.
(d) Any Commissioner called to
speaking shall cease speaking immediat
order is determined. If ruled to be
permitted to proceed. If ruled out of
silent or shall alter his /her remarks
rules.
order while he /she is
ely until the question of
in order he /she shall be
order he /she shall remain
so as to comply with the
(e) Commissioners shall accord the utmost courtesy to each
other, to City employees, and to the public appearing before the
0 0 r 9
Resolution No. PC- 2004 -4-3 -9
Page 7
Commission. They shall refrain at all times from rude and
derogatory remarks, abusive comments and statements as to
integrity, motives or personalities.
(f) The right of a Commissioner to address the Commission on
a question of personal privilege shall be limited to cases in
which his /her integrity, character, or motives are assailed,
questioned or impugned.
(g) Any Commissioner may move to require the Presiding
Officer to enforce the rules. The affirmative vote of a majority
of the Commission present and voting shall require him /her to so
act.
4.2 Limitation of Debate:
A Commissioner should not speak more than once upon any one
item until every other member choosing to speak thereon has
spoken. No member shall speak for a longer time than 5 minutes
each time he /she has the floor, without the approval of a majority
vote of the Commission present and voting.
4.3 Dissents and Protests:
Any Commissioner shall have the right to express dissent
from, or protest to, any action of the Commission and to have the
reason entered in the minutes. If such dissent or protest is
desired to be entered in the minutes, this should be made clear by
language such as, "I would like the minutes to show that I am
opposed to this action for the following reasons. ."
4.4 Conflict of Interest:
Any Commissioner prevented from voting on an item
because of a conflict of interest shall refrain from the
discussion and vote. Once a Commissioner determines that he /she
has a financial interest in a decision under the Political Reform
Act of 1974, necessitating disqualification, he /she shall
publicly announce the economic interest which is the subject of
the potential conflict of interest, and the fact that he /she is
disqualifying himself /herself from any participation in the
decision. Such member should leave the Commission dais
immediately after announcing the conflict.
SECTION 5. CONDUCT OF EMPLOYEES
5.1 Decorum and Order:
(a) Members of the staff and employees of the City shall
observe the same rules of procedure and decorum applicable to
members of the Commission.
(b) The City Manager or assigned Department Head shall
insure that all staff members and employees observe such decorum.
Resolution No. PC- 2002-4 --4-3G
Page 8
(c) Any staff member or employee, including the City
Manager, desiring to address the Commission or members of the
public shall first be recognized by the Chair. All remarks shall
be addressed to the Chair and not to any one individual
Commissioner or member of the public.
SECTION 6. CONDUCT OF THE PUBLIC
6.1 Decorum and Order:
(a) Members of the public attending Commission meetings
shall observe the same rules of order and decorum applicable to
the Commission pursuant to Section 4.1.
(b) Willful conduct that is disruptive, including but not
limited to, unauthorized remarks from the audience, stamping of
feet, whistles, yells and similar demonstrations shall be
prohibited by the Presiding Officer. Any person who becomes
willfully disruptive while addressing the Commission or while
attending the Commission meeting shall be removed from the room if
the sergeant -at -arms is so directed by the Presiding Officer.
Aggravated cases shall be prosecuted on appropriate complaint
signed by the Presiding Officer.
6.2 Manner of Addressing the Commission:
No person shall address the Commission without being
recognized by the Presiding Officer. Any member of the public
desiring to address the Commission shall proceed to the podium and
wait to be recognized by the Presiding Officer. After being
recognized, the speaker shall state his /her name and address for
the record. All remarks and questions shall be addressed to the
Chair and not to any individual Commissioner, staff member or
other person.
6.3 Limitations on Addressing the Commission:
The making of oral communications to the Commission by any
member of the public during the "Public Comments" portion of the
Agenda shall be subject to the following limitations:
(a) No speaker shall be permitted to address the Commission
on a public hearing item which is not on the Agenda but which has
been scheduled or is under submission for a public hearing before
the Planning Commission.
(b) No speaker shall be permitted to address the Commission
on an item which is currently before or is under submission for
consideration by a Commission, board, committee or officer before
which the speaker should make his /her presentation, until that
body has completed its deliberations and taken its final action.
In case the speaker should have followed an otherwise available
appeal procedure, the Presiding Officer shall not allow oral
communication to the Commission outside that procedure.
Resolution No. PC- 2004 -4-3-&
Page 9
(c) No speaker shall be permitted to include charges or
complaints against any employee of the City, or any employee of a
private firm or public agency providing a contract service to the
City, regardless of whether such employee is identified in the
presentation by name or by any other reference which tends to
identify the employee. All charges or complaints against an
employee shall be submitted to the City Manager for appropriate
action, and may also be submitted to members of the Planning
Commission by written communication.
i (d) If it appears that several speakers desire to speak
regarding any item on the Agenda, the Presiding Officer may
reasonably limit the number of speakers on each side of the issue.
In this regard, preference may be given to speakers who represent
groups of persons who have designated a spokesperson.
SECTION 7. MOTIONS
7.1 Processina of Motions:
When a motion is made and seconded, it shall be stated by the
Presiding Officer or, at the request of the Presiding Officer, by
the Records Secretary before debate. A motion so stated shall not
be withdrawn by the mover without the consent of the person
seconding it.
7.2 Division of Motion:
If the motion contains two or more divisible propositions,
the Presiding Officer may, and upon request of any Commissioner
shall, divide the same, unless a majority of the Commissioners
present and voting, votes not to do so.
7.3 Precedence of Motions:
When a motion is before the Commission, no motion shall be
entertained except the following, which shall have precedence in
the following order.
The ordinary motions rank as follows, and any of them (except
to amend) can be made while one of a lower order is pending, but
none can supersede one of a higher order. Motions to limit
discussion, to call the question and to suspend the rules require
a two - thirds vote; all other motions require only a majority vote:
Not Debatable:
To Fix the Time of Adjournment )
To Adjourn (when unqualified) ) Cannot
To Table ) be
To Limit Discussion (2/3 vote) ) Amended
To Call the Question (2/3 vote) )
Resolution No. PC- 2004 -SG.
Page 10
To Suspend the Rules (2/3 vote) )
Dehatahle:
To Postpone to a Certain Time )
To Commit or Refer to Committee ) Can be
To Amend ) Amended
To Postpone Indefinitely )
The Motion to Reconsider: the motion can be made when any
other motion is before the Commission, but cannot be acted upon
until the business then before the Commission is disposed of; when
called up, it takes precedence over all other motions, except to
adjourn, and to fix the time to which to adjourn.
Motions incidental to those before the Commission take
precedence over them and shall be acted upon first.
7.4 Motion to Fix Hour of Adjournment:
Such a motion shall be to set a definite time at which to
adjourn and may be amended by unanimous vote.
7.5 Motion to Adjourn:
Such a motion shall be in order at any time, except as
follows:
(a) When repeated without intervening business or
discussion;
(b) When made as an interruption of another Commissioner
while speaking;
(c) When discussion has been ended and vote on the motion is
pending; or
(d) While a vote is being taken.
A motion to adjourn "to another time" shall be debatable, but
only as to the time to which the meeting is adjourned.
7.6 Motion to Table:
Such a motion shall be used to temporarily bypass the subject
and shall preclude all amendments or debate of the subject under
consideration. If the motion prevails, the item may be "taken from
the table" at any time prior to the end of the next regular
meeting.
7.7 Motion to Limit Discussion:
Such a motion shall be used to limit the time allowed each
Commissioner to speak to, or to appoint a time at which discussion
shall close on, the question of the main motion and any previously
made amendment to the main motion. If a motion to limit the time
allowed each member to speak passes, no member shall thereafter
}
Resolution No. PC- 2004 -4-'
Page 11
speak more than two times to the question or longer than the time
allowed at either time and no member shall speak the second time
until every member choosing to speak has spoken.
7.8 Motion to Call the Question:
Such a motion shall be used to close debate on, and further
amendment to, the main motion. If the motion fails, debate shall
be reopened; if the motion passes, a vote shall next be taken on
any previously made amendments to the main motion and finally on
the main motion.
7.9 Motion to Suspend the Rules:
Such a motion shall be used to suspend these rules of
procedure and shall include a statement of the purpose of the
suspension. If the motion fails, the motion shall not be renewed
for the same purpose at the same meeting, but it may be renewed
for the same purpose at an adjourned meeting of that meeting.
7.10 Motion to Postpone to a Certain Time:
Such a motion shall be amendable and debatable only as to
propriety of postponement and time set.
7.11 Motion to Amend:
Such a motion shall be debatable only as to the amendment. A
motion to amend an amendment shall be in order, but a motion to
amend an amendment to an amendment shall not be in order. An
amendment modifying the intention of a motion shall be in order,
but an amendment relating to a different matter shall not be in
order. A substitute motion on the same subject shall be
acceptable, and voted on before a vote on the amendment.
Amendments shall be voted first, then the main motion as amended.
7.12 Motion Reconsideration:
Any Commissioner who voted with the majority may move a
reconsideration of any vote at the same meeting or at the next
regular meeting. After a motion for reconsideration has once been
acted upon, no other motion for a reconsideration thereof shall be
made without unanimous consent of the Commission.
SECTION 8. VOTING
8.1 Restatement of the Motion:
Upon the request of any Commissioner, the Presiding Officer
shall verbally restate each motion immediately prior to calling
for the vote.
8.2 Voting Procedure:
In acting upon every motion, the vote shall be taken by
voice, roll call or any other method by which the vote of each
Resolution No. PC-200-2-4-4-3-G.
Page 12
Commissioner present can be clearly ascertained. The vote on each
motion shall then be entered in full upon the record. The order of
voting shall be the maker of the motion, the second and then the
remaining Commissioners alphabetically, with the Chair called
last. The Records Secretary shall call the names of all members
seated when a roll call vote is ordered or required. Members shall
respond 'aye', 'no' or 'abstain', provided that when a vote is
collectively taken by voice or when a method of voting other than
by voice or roll call is used, any Commissioner not audibly and
clearly responding 'no' or 'abstain' or otherwise registering an
objection shall have his /her vote recorded as 'aye'.
Following the vote, the Presiding Officer shall verbally
announce whether the motion carried or was defeated. The Presiding
Officer may also publicly state the effect of the vote for the
benefit of the audience before proceeding to the next item of
business.
Any member may change his /her vote before the next item of
business is called.
8.3 Roll Call Voting:
A roll call vote shall not be used for any item before the
Commission unless demanded by any Commissioner. It shall not be in
order for members to explain their vote during roll call.
8.4 Failure to Vote:
Every Commissioner should vote unless disqualified for cause.
A Commissioner who abstains from voting on an item because of
being disqualified shall be considered as if absent.
8.5 Tie Votes:
When no Commissioner abstains from voting, the motion shall
be lost on a tie vote. Any member who abstains and is not
considered absent shall be deemed to have acquiesced to the motion
and the motion shall be passed on a tie vote.
If a tie vote results at a time when less than all members of
the Commission are present, the matter shall automatically be
continued to the agenda of the next regular meeting of the
Commission, unless otherwise ordered by the Commission.
SECTION 9. WRITTEN COMMUNICATIONS
9.1 Communications Addressed to Commission as a Whole Not
Involving a Development Application:
The Director of Community Development or his /her designee is
authorized to receive and open all written communications,
including e- mails, addressed to the Commission as a whole and give
it immediate attention to the end that all administrative business
referred to in said communications, and not necessarily requiring
Resolution No. PC- 2004- 4-3-G
Page 13
Commission action, may be disposed of between Commission meetings.
The Director of Community Development or his /her designee shall
cause a copy of such communication to be sent to each
Commissioner.
9.2 Communications Involving a Development Application:
Any written communication, including e- mails, received at
City Hall addressed to the Chair and /or an individual Commissioner
shall be opened by the Director of Community Development or
his /her designee and a copy of such communication shall be
provided to the addressee and each of the other members.
Any Commissioner who receives any written communication,
including e- mails, on any subject related to the business of the
City Commission, whether or not received at City Hall, shall cause
a copy to be provided to the Records Secretary who shall cause a
copy of such communication to be sent to each of the other
members. Said communication shall become a part of the public
record for the development application.
9.3 Communications involving a Planning Commission Agenda Item:
Any such communication which relates to an item pending or to
be brought before the Commission shall be included in the agenda
packet for the meeting at which such item is to be considered and
shall become part of the public record for that item.
Regardless of the source, it will take a four-fifth's
majority vote of the Commission to accept additional agenda
material on the day of the Commission meeting at which the item is
to be considered.
A Planning Commissioner or Commissioners may be requested to
meet, outside of the public hearing process, with an applicant,
the applicant representative(s), proponents and opponents to a
development application to discuss aspects of the development.
While meeting with these representatives is at the discretion of
the individual Commissioner, disclosure of the meeting(s), and the
effects upon the Commissioner's review of the application is
required prior to the opening of the hearing on the development
application. The Commissioner shall disclose the nature of the
contact and what effect, if any, it had on he /she in the review of
the development application.
SECTION 10. COMMITTEES
10.1 Committees:
Committees may be appointed by the Chair, as needed, with the
approval of the majority of the members of the Commission.
SECTION 11. COMMISSION MEETINGS
Resolution No. PC- 2004 -4-3-9
Page 14
11.1 Schedule:
The Commission shall hold regular monthly or
meetings as determined by the Commission at its fi
meeting of each year, such determination to
dates, time and place of such meetings as set forth
2.36 of the Municipal Code. Should the need arise
year, the Commission may, by a majority vote, revise
time and place of such meetings.
_bi- monthly
rst regular
include the
in Chapter
during the
the dates,
SECTION 12. PROCEDURE FOR PLANNING COMMISSION COMMUNICATIONS
AND /OR PRESENTATIONS TO THE CITY COUNCIL
12.1 Written Communication:
The Planning Commission has determined that there are times
when it may be beneficial to provide a written communication to
the City Council to clarify the Planning Commission's thoughts,
ideas, concerns, decisions, and recommendations. The form of
written communication may include, but is not limited to,
letters, memoranda, minute orders, and reports, as well as
majority, concurring, and minority opinions.
12.2 Flexibility:
The Planning Commission has concluded that the process
should remain flexible as to both the form of the written
communication and the situations when they would be submitted.
12.3 Authorship and Review Process:
The Planning Commission may direct one or two Commissioners
or Staff to prepare the written communication. In most
circumstances, the Planning Commission will consider the written
communication for its own review and comment before it is
submitted to the City Council. This may be accomplished at the
following Planning Commission meeting or in conjunction with
approving the meeting minutes when those projects and issues were
considered.
12.4 Expedited Written Communications:
When time is of the essence, the Planning Commission may
direct Staff or appoint a single Commissioner and the Chair to
prepare a written communication without further Planning
Commission review and comment.
12.5 Attendance at City Council Meetings:
The Planning Commission recognizes that there are
circumstances where the City Council could benefit from the
attendance of a Planning Commissioner at City Council meetings.
When those circumstances arise, the Planning Commission will
offer a spokesperson to attend the City Council meetings. The
Planning Commission also recognizes that the City Council, or one
0000
Resolution No. PC- 200 -2-4 -4-3$
Page 15
of its members, may at any time request the presence of one or
more Commissioners to attend one of its meetings. When such a
request is made, the Planning Commission will respond.
SECTION 14. EFFECTIVE DATE
This Resolution shall become effective upon the effective
to of Citv of Moorpark Ordinance No. 309.
SECTION 1 -34. CERTIFICATION OF ADOPTION
The Community Development Director shall certify to the
adoption of this resolution and shall cause a ea-use a— certified
resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 16th day of November, 2004.
AYES:
NOES:
ABSTAIN:
ABSENT:
Scott Pozza, Chair
ATTEST:
Barry K. Hogan
Community Development Director
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