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Home My WebLink AboutAG RPTS 2008 0122 PC REGPLANNING COMMISSION REGULAR MEETING AGENDA JANUARY 22, 2008 7:00 P.M. Resolution No. 2008 -527 Moorpark Community Center 799 Moorpark Avenue 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: A. Consider Selection of Chair and Vice Chair Mark Di Cecco Bruce A. Hamous Kipp Landis Robert A. Peskay Mark G. Taillon Staff Recommendation: 1) Open the floor to nominations for a Chair; 2) Once sufficient nominations have been made, close the nominations and vote; 3) Open the floor for nominations for a Vice Chair; and 4) Once sufficient nominations have been made, close the nominations and vote. (Staff: David Bobardt) There will be brief recess to allow the Chair and Vice -Chair to be seated. All writings and documents provided to the majority of the Commission regarding all agenda items are available for public inspection at the City Hall public counter located at 799 Moorpark Avenue during regular business hours. The agenda packet for all regular Commission meetings is also available on the City's website at www.ci.moorpark.ca.us. Any member of the public may address the Commission during the Public Comments portion of the Agenda, unless it is a Public Hearing or a Discussion item. Speakers who wish to address the Commission concerning a Public Hearing or Discussion item must do so during the Public Hearing or Discussion portion of the Agenda for that item. Speaker cards must be received by the Secretary for Public Comment prior to the beginning of the Public Comments portion of the meeting; for a Discussion item, prior to the Chair's call for speaker cards for each Discussion agenda item; and for a Public Hearing item, prior to the opening of each Public Hearing, or beginning of public testimony for a continued hearing. A limitation of three minutes shall be imposed upon each Public Comment and Discussion item speaker. A limitation of three to five minutes shall be imposed upon each Public Hearing item speaker. Written Statement Cards may be submitted in lieu of speaking orally for open Public Hearings and Discussion items. Any questions concerning any agenda item may be directed to the Community Development/Planning office at 517 -6233. Regular Planning Commission Meeting Agenda January 22, 2008 Page 2 S. PUBLIC COMMENT: 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS AND REPORTS ON MEETINGS /CONFERENCES ATTENDED BY THE COMMISSION: (Future agenda items are tentative and are subject to rescheduling.) 8. PUBLIC HEARINGS: (next Resolution No. PC- 2008 -527) A. Consider Conditional Use _Permit No. 2007 -04, a Conditional Use Permit for Sale of Alcoholic Beverages for Off -Site Consumption at a Proposed Circle -K Convenience Store at 6593 Collins Drive (Campus Plaza). on the Application of Saib Alrabadi (Continued from October 22, 2007 meeting) Staff Recommendation: 1) Adopt Resolution No. PC -2008- approving Conditional Use Permit (CUP) No. 2007 -04 as directed by the Planning Commission. (Staff: Joseph Fiss) B. Consider Conditional Use Permit No. 2007 -10 A Request To Install a Wireless Telecommunications Facility Attached to an Existing 96 -Foot Tall SCE Electrical Transmission Tower, to Include Twelve (12) Panel Antennas, One (1) Parabolic Antenna Two (2) GPS Antennas and a Ground - Mounted Equipment Shelter Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; 2) Adopt Resolution No. PC -2008- approving Conditional Use Permit No. 2007 -10, subject to conditions. (Staff: Joseph Fiss) 9. DISCUSSION ITEMS: A. Consider Regular Meeting Schedule, Time and Place Staff Recommendation: Approve 2008 regular meeting schedule of the fourth (4th) Tuesday of each month starting at 7:00 p.m. at the Moorpark City Hall Council Chambers, 799 Moorpark Avenue, Moorpark, CA 93021, and the cancellation of the December 2008 regular meeting. (Staff: David Bobardt) 10. CONSENT CALENDAR: A. Consider Approval of the Regular Meeting Minutes of October 22 2007 Staff Recommendation: Approve the minutes. SACommunity Development \COMMISSION\AGENDA\2008 \08 0122_agn.doc Regular Planning Commission Meeting Agenda January 22, 2008 Page 3 11. ADJOURNMENT: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, including auxiliary aids or services, please contact the Community Development Department at (805) 517 -6233. Upon request, the agenda can be made available in appropriate alternative formats to persons with a disability. Any request for disability- related modification or accommodation should be made at least 48 hours prior to the scheduled meeting to assist the City staff in assuring reasonable arrangements can be made to provide accessibility to the meeting (28 CFR 35.102- 35.104; ADA Title II). SACommunity Development \COMMISSION\AGENDA\2008 \08 0122_agn.doc STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss CITY OF MOORPARK ) AFFIDAVIT OF POSTING AGENDA I, Joyce R. Figueroa, declare as follows: That I am the Administrative Assistant of the City of Moorpark and that an agenda of the Regular Meeting of the Moorpark Planning Commission to be held on Tuesday, January 22, 2008, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on January 18, 2008, at a conspicuous place at the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California. I declare under penalty of perjury that the foregoing is true and correct. Executed on January 18, 2008. Jo ice Figueroa, dministrative Assistant SACommunity Development \COMMISSION\HGENDA \2008 \08 0122_aop.doc ITEM: 4.A. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: David A. Bobardt, Planning Director' DATE: January 4, 2008 (PC Meeting of 1/22/2008) SUBJECT: Consider Selection of Chair and Vice Chair BACKGROUND /DISCUSSION Municipal Code Section 2.36.080 and Section 3.1 of Resolution PC 2006 -507 (Rules of Procedure for Commission Meetings and Related Functions and Activities) require the Planning Commission to select a Chair and Vice Chair from among the appointed members at the first regular meeting of each year. Each such selection shall be by three (3) or more affirmative votes. Additionally, each person so selected shall serve until the end of a one -year term or until a successor is chosen (at any time) by three (3) or more affirmative votes. STAFF RECOMMENDATION 1. Have the outgoing Chair open the floor to nominations for a Chair; 2. Once sufficient nominations have been made, close the nominations and vote; 3 Have the newly elected Chair open the floor for nominations for a Vice Chair; 4 Once sufficient nominations have been made, close the nominations and vote. \\mor_pri_sery \City Share \Community Development \COMMISSION \P C POLICIES \agenda reports\2008 \pc 080122 pc sel t chair.doc 6 c ( � (' � ITEM: 8.A. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: David A. Bobardt, Planning Director Prepared by Joseph Fiss, Principal Planner V__; DATE: December 19, 2007 (PC Meeting of 1/22/2008) SUBJECT: Consider Conditional Use Permit No. 2007 -04, a Conditional Use Permit for Sale of Alcoholic Beverages for Off -Site Consumption at a Proposed Circle -K Convenience Store at 6593 Collins Drive (Campus Plaza), on the Application of Saib Alrabadi BACKGROUND /DISCUSSION As part of a proposed Circle -K convenience store in the Campus Plaza shopping center currently under construction, Mr. Saib Alrabadi has requested a Conditional Use Permit for sale of alcoholic beverages including liquor, beer, and wine for off -site consumption from a proposed convenience store. A public hearing for this application was opened by the Planning Commission on June 26, 2007, and continued with the hearing open first to July 24, 2007 then to September 25, 2007, at the request of the applicant. Staff's recommendation to the Planning Commission was to deny this application. The Planning Commission closed the public hearing on September 25, 2007, and after discussion, directed staff to return on October 23, 2007 with draft findings and conditions for approval of the Conditional Use Permit. On October 23, 2007, no motion was made by the Planning Commission on the draft findings and conditions of approval and by consensus the matter was continued to the next available regular Planning Commission meeting, that being January 22, 2008. The findings and conditions in the attached resolution are consistent with findings and conditions for other similar uses approved by the Planning Commission. Since the last meeting, the applicant has indicated to staff that he would like the convenience store to be a Seven - Eleven instead of a Circle K, but that all other aspects of the proposal, including floor plan and proposed alcoholic beverage sales, would remain the same. This change does not affect the Conditional Use Permit review. STAFF RECOMMENDATION Adopt Resolution No. PC -2008- approving Conditional Use Permit (CUP) No. 2007 -04 as directed by the Planning Commission. SACommunity Development \DEV PMTS \C U P\2003- 2007\2007 -04 Circle K\Agenda Rpts \08 0122 Continuance Report.doc 0 i '�c.. Honorable Planning Commission January 22, 2007 Page 2 ATTACHMENTS: 1. June 26, 2007 Planning Commission Agenda Report (Without Attachments) 2. July 24, 2007, Planning Commission Agenda Report (Without Attachments) 3. September 25, 2007 Planning Commission Agenda Report (Without Attachments) 4. October 23, 2007 Planning Commission Agenda Report (Without Attachments) 5. Draft Resolution PC 2008- 000003 ITEM: 8.A. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Directo Prepared by Joseph Fiss, Principal Planner DATE: June 4, 2007 (PC Meeting of 06/26/07) SUBJECT: Consider Conditional Use Permit No. 2007 -04, a Conditional Use Permit for Off -Site Liquor Sales at a Proposed Circle -K Convenience Store at 6593 Collins Drive (Campus Plaza), on the Application of Saib Alrabadi BACKGROUND On April 2, 2003, the City Council approved Commercial Planned Development Permit (CPD) No. 2000 -04 and Tentative Parcel Map (TPM) No. 5264 for a 72,285 square foot commercial retail center located at the southwest corner of Campus Park Drive and Collins Drive. A Circle -K convenience store is proposed in one of the buildings under construction at the northwest corner of this site, west of the McDonald's Restaurant and proposed Starbucks Coffee, and east of the Varsity Park Village Condominiums. As part of the convenience store operation, the applicant has requested a Conditional Use Permit for off - site sale of alcoholic beverages including liquor, beer, and wine. DISCUSSION Project Setting Existing Site Conditions: The Campus Plaza shopping center is currently under construction. The fast food restaurant (McDonald's) and service station (Shell) have been given conditional occupancy and are currently operating. Access to the center is from both Campus Park Drive and Collins Drive. Previous Applications: On April 2, 2003, the City Council approved Commercial Planned Development Permit No. 2000 -04 for Construction of the Campus Plaza shopping center and Tentative Parcel Map No. 5264 for Subdivision of the 6.28 Acre site into Four Lots Administrative Permit No. 2004 -16 was approved on November 17, 2004, to permit the \\Mor_pri_sery \City Share \Community Development\DEV PMTSIC U P\2003- 2007\2007 -04 Circle K\Agenda Rpts \PC Agenda Report.doc o0 #10( PC ATTACHMENT 1 Honorable Planning Commission June 26, 2007 Page 2 sale of beer and wine at the Shell Station convenience store within this center. GENERAL PLAN /ZONING Direction General Plan Zoning Land Use Site General Commercial Commercial Planned Shopping Center (C -2) Development CPD Under Construction Residential Planned North Medium Density Development/5 Single- Family Residential (M) Units per Acre Residential ........_.. (RPD -5U). South Freeway Right -of -Wa y O S ...._ _ .. Fes, R/IN _..._. .._..__..____ .................. Freeway East Freeway Right -of -Way ..._. ._...._...__..__...._...._._... ........ ._._._ ... ._ ...... ...... _........__._...._. ........ _. _. ....... __ .............. .....__.._.........._.._._. (FWY -R/W) OS Freeway Residential Planned West Very High Density Development/12 Residential Residential (VH) Units per Acre Condominiums (RPD -12u) General Plan and Zoning Consistency: A convenience store is a permitted use in the CPD zone and is consistent with the C -2 General Plan designation. The sale of alcoholic beverages for off -site consumption requires the review and approval of a Conditional Use Permit by the Planning Commission, only after making all of the following findings: 1. The proposed use is consistent with the provisions of the general plan, zoning ordinance, and any other applicable regulations-, 2. The proposed use is compatible with both existing and permitted land uses in the surrounding area; 3. The proposed use is compatible with the scale, visual character, and design of surrounding properties; 4. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or uses; 5. The proposed use would not be detrimental to the public health, safety, convenience, or welfare; 6. The use will not result in an over- concentration in the area of establishments selling alcoholic beverages-, 7. The use will serve a public convenience; 8. The use will not create the need for increased police services-, OOfIoc- Honorable Planning Commission June 26, 2007 Page 3 9. The requested use at the proposed location will not adversely affect the economic welfare of the community; and 10. The exterior appearance of the structure will not be inconsistent with the external appearance of commercial structures already constructed or under construction on surrounding properties, or within the immediate neighborhood so as to cause blight, deterioration or substantially diminish or impair property values within the neighborhood. Finding Nos. 2 and 7 are discussed further in the Analysis section of this report. Proposed Project As part of a convenience store operation, the applicant is requesting a Conditional Use Permit for the sale of alcoholic beverages including liquor, beer, and wine for off -site consumption. The convenience store lease space is approximately 2,200 square feet, of which 1,700 square feet would be for retail space and 500 square feet would be for storage and office use. Of approximately 200 linear feet of product display proposed in the retail space, 20 feet (10 %) would be devoted to beer, wine, and alcoholic beverage display. In terms of area, the proposed beer, wine and liquor display space accounts for about 150 square feet (20 %) of the 750 square feet of product display space. This ratio is larger than the linear footage ratio due to the depth of the walk -in refrigerator behind the beer and wine display. ANALYSIS Issues Staff analysis of the proposed project has identified the following issue areas for Planning Commission consideration: • Area One: Neighborhood Compatibilitv • Area Two: Public Convenience Neighborhood Compatibilitv Finding No. 2 requires the proposed use to be compatible with existing and permitted uses in the surrounding area for a Conditional Use Permit to be granted. The proposed use is located within one thousand (1,000) feet of Moorpark College, College View Park, and Campus Canyon School. A liquor store would not be a permitted use in such close proximity to these uses due to land use compatibility issues. However, the Circle -K store is proposing 90% of its linear footage of display and 80% of its product display area to include items other than alcoholic beverages, and therefore it is not considered a liquor store. Nonetheless, another aspect to neighborhood compatibility is whether or not the proposed use is in an area with an over - concentration of stores that sell alcoholic beverages for off - site consumption. Within the Campus Hills/Varsity Park neighborhood, two other stores sell alcoholic beverages for off -site consumption: the Shell station convenience store within Q000C If, Honorable Planning Commission June 26, 2007 Page 4 the Campus Plaza center, which has incidental beer and wine sales, and the Handiest Food Mart in the nearby Varsity Park Plaza, which carries a large selection of beer, wine, and liquor. This would not be normally considered an overconcentration of such uses in a neighborhood. However, because the proposed Circle -K convenience store use is very similar in size and operation to the Shell station convenience store, alcoholic beverage sales at this second location in the same center could create an atmosphere incompatible with adjacent residential uses, due to the allowed hours of operation of 5:00 AM to Midnight, and the close proximity of the parking for the Circle -K to the adjacent condominiums. Convenience stores can be more intrusive to adjacent residential areas because of their operating characteristics, including traffic generation, hours of operation, noise, and off -site customer litter. Public Convenience Finding No. 7 requires the proposed use to serve a public convenience for a Conditional Use Permit to be granted. The Shell service station convenience store in the same shopping center has about 12 linear feet of refrigerator space devoted to beer and wine, a similar amount of floor space as proposed for the Circle -K convenience store. It is also open from 5 :00 AM to 11 :00 PM Monday through Saturday, and 5:00 AM to 10:00 PM on Sunday, similar hours as would be allowed for the Circle -K store, 5 :00 AM to Midnight. (It should be noted that sales of alcoholic beverages cannot begin before 6:00 AM.) The primary difference between the two stores is that the Circle -K would have an additional 8 linear feet of space for liquor. This additional item and shelf space does not demonstrate that a public convenience would be served through the granting of this Conditional Use Permit. Findings The sales of alcoholic beverages for off -site consumption at the proposed Circle -K convenience store would be incompatible with adjacent residential uses and would not serve a public convenience. PROCESSING TIME LIMITS Time limits have been established for the processing of development projects under the Permit Streamlining Act (Government Code Title 7,- Division 1, Chapter 4.5), the Subdivision Map Act (Government Code Title 7, Division 2), and the California Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13, and California Code of Regulations, Title 14, Chapter 3). Under the applicable provisions of these regulations, the following timelines have been established for action on this project: Date Application Determined Complete: May 10, 2007 Planning Commission Action Deadline: August 8, 2007 Upon agreement by the City and Applicant, one 90 -day extension can be granted to the date action must be taken on the application. ©0('"f00 Honorable Planning Commission June 26, 2007 Page 5 ENVIRONMENTAL DETERMINATION In accordance with the City's environmental review procedures adopted by resolution, the Community Development Director determines the level of review necessary for a project to comply with the California Environmental Quality Act (CEQA). Some projects may be exempt from review based upon a specific category listed in CEQA. Other projects may be exempt under a general rule that environmental review is not necessary where it can be determined that there would be no possibility of significant effect upon the environment. A project which does not qualify for an exemption requires the preparation of an Initial Study to assess the level of potential environmental impacts. Based upon the results of an Initial Study, the Director may determine that a project will not have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient environmental documentation. If the Director determines that a project has the potential for significant adverse impacts and adequate mitigation can not be readily identified, an Environmental Impact Report (EIR) is prepared. The Director has reviewed this project and found it to be Categorically Exempt in accordance with Section 15301 (Class 1, Existing Facilities) of the California Code of Regulations (CEQA Guidelines). No further environmental documentation is required_ STAFF RECOMMENDATION Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC -2007- Permit No_ 2007 -04. ATTACHMENTS 1. Location Map 2. Aerial Photograph 3. Floor Plan (Under Separate Cover) 4. Draft PC Resolution denying the application for Conditional Use 00000 ITEM: 8.A. MOORPARK PLANNING COMMISSION AGENDA REPORT. TO: Honorable Planning Commission FROM: David A. Bobardt, Planning Director ' Prepared by Joseph Fiss, Principal Planner DATE: July 19, 2007 (PC Meeting of 07/24107) SUBJECT: Consider Conditional Use Permit No. 2007 -04, a Conditional Use Permit for Sale of Alcoholic Beverages for Off -Site Consumption at a Proposed Circle -K Convenience Store at 6593 Collins Drive (Campus Plaza), on the Application of Saib Alrabadi . BACKGROUND /DISCUSSION The public hearing for this application was opened by the Planning Commission on June 26, 2007, and continued with the hearing open to July 24, 2007, at the request of.the applicant. The applicant is now requesting a further continuance to the next Planning Commission meeting, and has waived the provisions of the Permit Streamlining Act. STAFF RECOMMENDATION Accept public testimony and continue the item with the public hearing open to the September 25, 2007 Planning Commission meeting. \\Mor_pri_serv\City Share \Community Development\DEV PMTS \C U P\2003- 2007\2007 -04 Circle report.doc K\Agenda Rpts \continuance PC ATTACHMENT 2 0000 09 ITEM: 8.A. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: David A. Bobardt, Planning Directory Prepared by Joseph Fiss, Principal Planner 17/111-17 /a 7 f DATE: July 19, 2007 (PC Meeting of 0 07) SUBJECT: Consider Conditional Use Permit No. 2007 -04, a Conditional Use Permit for Sale of Alcoholic Beverages for Off -Site Consumption at a Proposed Circle -K Convenience Store at 6593 Collins Drive (Campus Plaza), on the Application of Saib Alrabadi BACKGROUND /DISCUSSION The public hearing for this application was opened by the Planning Commission on June 26, 2007, and continued with the hearing open to July 24, 2007, at the request of the applicant. The applicant subsequently waived the provisions of the Permit Streamlining Act and requested a further continuance to the September 25, 2007 Planning Commission meeting. The applicant has been contacted numerous times prior to this meeting and has not responded_ Staff has no new information and recommends that the Planning Commission take action on this item. STAFF RECOMMENDATION Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC -2007- Permit No. 2007 -04. ATTACHMENTS: denying the application for Conditional Use 1. June 26, 2007 Planning Commission Agenda Report 2. Draft PC Resolution \\nor _pri_sery \City Share \Community Development \DEV PMTS \C U P\2003- 2007\2007 -04 Circle K1Agenda Rpts \07 0925 Fi -al Report.doc 00( 0 PC ATTACHMENT 3 ITEM: 8.A. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: David A. Bobardt, Planning Director Prepared by Joseph Fiss, Principal Pla ner DATE: October 5, 2007 (PC Meeting of 10/23/2007) SUBJECT: Consider Conditional Use Permit No. 2007 -04, a Conditional Use Permit for Sale of Alcoholic Beverages for Off -Site Consumption at a Proposed Circle -K Convenience Store at 6593 Collins Drive (Campus Plaza), on the Application of Saib Alrabadi BACKGROUND /DISCUSSION As part of a proposed Circle -K convenience store in the Campus Plaza shopping center currently under construction, Mr. Saib Alrabadi has requested a Conditional Use Permit for sale of alcoholic beverages including liquor, beer, and wine for off -site consumption. A public hearing for this application was opened by the Planning Commission on June 26, 2007, and continued with the hearing open first to July 24, 2007 then to September 25, 2007, at the request of the applicant. Staff's recommendation to the Planning Commission was to deny this application. The Planning Commission closed the public hearing on September 25, 2007, and after discussion, directed staff to return on October 23, 2007 with draft findings and conditions for approval of the Conditional Use Permit. The findings and conditions in the attached resolution are consistent with findings and conditions for other similar uses approved by the Planning Commission. STAFF RECOMMENDATION Adopt Resolution No. PC -2007- approving Conditional Use Permit (CUP) No_ 2007 -04 as directed by the Planning Commission. ATTACHMENT: Draft PC Resolution \lmor_pri_sery \City Share \Community DevelopmentOEV PMTS \C U P\2003- 2007\2007 -04 Circle K\Agenda Rpts \07 1023 Approval Report.doc PC ATTACHMENT 4 0(�( 11101 . RESOLUTION NO: PC -2008- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NOS. 2007 -04, A REQUEST TO ALLOW ALCOHOLIC BEVERAGE (INCLUDING LIQUOR) SALES FOR OFF -SITE CONSUMPTION AT A PROPOSED CIRCLE -K CONVENIENCE STORE AT 6593 COLLINS DRIVE (CAMPUS PLAZA) ON THE APPLICATION OF SAIB ALRABADI WHEREAS, at a duly noticed public hearing held on June 26, 2007, July 24, 2007, and September 25, 2007, the Planning Commission considered Conditional Use Permit No. 2007 -04 on the application of Saib Alrabadi for sale of alcoholic beverages, including liquor, for off -site consumption at a proposed Circle -K convenience store at 6593 Collins Drive (Campus Plaza); and WHEREAS, at its meetings of June 26, 2007, July 24, 2007, September 25 2007 and, October 23, 2007 the Planning Commission considered the agenda reports 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 directed staff to prepare findings and conditions of approval for consideration at its meeting on October 23, 2007; and WHEREAS, on January 22, 2008 the Planning Commission reached a decision on this matter; and WHEREAS, the Planning Commission concurs with the Planning Director's determination that this project is Categorically Exempt from the provisions of CEQA pursuant to Section 15301 as a Class 1 exemption for Existing Facilities. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Findings: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the Planning Commission makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.030: The proposed use is consistent with the provisions of the general plan, zoning ordinance, and any other applicable regulations in that the sale of liquor, beer, and wine for off -site consumption is an ancillary use to the approved convenience store, a use consistent with the General Plan and Zoning.; SACommunity Development\DEV PMTS \C U P\2003- 2007\2007 -04 Circle K \Reso \PC Reso 08 0122.doc PC ATTACHMENT 5 0000:.? Resolution No. PC -2008- Page 2 2. The proposed use is compatible with both existing and permitted land uses in the surrounding area in that this is an approved convenience store where sale of liquor, beer, and wine is not unexpected.; 3. The proposed use is compatible with the scale, visual character, and design of surrounding properties in that the sale of liquor, beer, and wine for off -site consumption is an ancillary use to the approved convenience store and does not require any modifications to the approved building.; 4. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or uses in that the sale of liquor, beer, and wine for off -site consumption is an ancillary use to the approved convenience store and does not require any modifications to the approved building.; 5. The proposed use would not be detrimental to the public health, safety, convenience, or welfare in that conditions are required to ensure proper control of the sale of liquor, beer, and wine for off -site consumption; 6. The use will not result in an over - concentration in the area of establishments selling alcoholic beverages. The proposal is enhancing a new establishment, where such uses are traditionally anticipated, consistent with the land use development pattern of the City of Moorpark; 7. The use will serve a public convenience in that the sale of liquor, beer, and wine for off -site consumption is an ancillary use to the convenience store; 8. The use will not create the need for increased police services in that conditions are required to ensure proper control of the sale of liquor, beer, and wine for off -site consumption; 9. The requested use at the proposed location will not adversely affect the economic welfare of the community; and 10. The exterior appearance of the structure will not be inconsistent with the external appearance of commercial structures already constructed or under construction on surrounding properties, or within the immediate neighborhood so as to cause blight, deterioration or substantially diminish or impair property values within the neighborhood. 00001'" Resolution No. PC -2008- Page 3 SECTION 2. PLANNING COMMISSION APPROVAL: The Planning Commission hereby APPROVES Conditional Use Permit Nos. 2007 -04 subject to the Conditions of Approval included in Exhibit A (Conditions of Approval), attached hereto and incorporated herein by reference. SECTION 3. FILING OF RESOLUTION: The Planning Director shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: NOES: ABSTAIN: ABSENT: PASSED, AND ADOPTED this 22nd day of January, 2008. , Chair David A. Bobardt Planning Director Exhibit A — Conditions of Approval for Conditional Use Permit Nos. 2007 -04 00001 z Resolution No. PC -2008- Page 4 EXHIBIT A CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT 2007 -04 PLEASE CONTACT THE COMMUNITY DEVELOPMENT DEPARTMENT FOR QUESTIONS REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS 1. The Conditions of Approval of this permit, City of Moorpark Municipal Code and adopted city policies at the time of the permit approval supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on plans. 2. Conditions of this entitlement may not be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. 3. The applicant shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning the permit, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37. The City will promptly notify the applicant of any such claim, action or proceeding, and if the City should fail to do so or should fail to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. a. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding, if both of the following occur: i. The City bears its own attorney fees and costs; ii. The City defends the claim, action or proceeding in good faith. b. The applicant shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the applicant. The applicant's obligations under this condition shall apply regardless of whether a building permit is ultimately obtained, or final occupancy is ultimately granted with respect to the permit. 4. If any of the conditions or limitations of this approval are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 5. The development must be in substantial conformance with the plans presented in conjunction with the application for Conditional Use Permit No. 2007 -04, except any modifications as may be required to meet specific Code standards or other conditions stipulated herein. All Conditions of Approval and requirements of Commercial Planned Development Permit No. 2000 -04, as amended, shall continue to apply unless specifically modified by this Conditional Use Permit. 0000$!7 Resolution No. PC -2008- Page 5 6. All necessary permits must be obtained from the Building and Safety Department and all construction shall be in compliance with the Moorpark Building Code and all other applicable regulations. 7. Approval of a Zoning Clearance is required prior to the issuance of building permits. All other permit and fee requirements must be met. 8. The applicant shall reimburse the City of Moorpark for any additional police or other costs incurred by the City as a result of operations approved by this Conditional Use Permit, including fifteen (15 %) percent overhead on any such services. 9. No person under the age of eighteen (18) shall sell packaged alcoholic beverages. 10. All exterior areas of the site, including parking areas under use by the facility, shall be maintained free of litter and debris at all times. 11. Conditional Use Permit No. 2007 -04 may be revoked or its use suspended by the City, if any of the causes listed in Section 17.44.080.13 of the Zoning Code are found to apply, including if the use for which the permit was granted has not been exercised for at least twelve (12) consecutive months, has ceased to exist, or has been abandoned. The discontinuance for a period of one hundred eighty (180) or more days of a nonconforming use or a change of nonconforming use to a conforming use constitutes abandonment and termination of the nonconforming status of the use. 12. The City of Moorpark reserves the right to modify, suspend or revoke for cause this conditional use permit consistent with Chapter 17.44 of the Moorpark Municipal Code or as may be amended in the future. 13. Sales of alcoholic beverages are permitted only between the hours of 6:00 a.m. and 12:00 midnight each day of the week. 14. The facility must at all times maintain records which reflect separately the gross sale of food and the gross sales of alcoholic beverages of the business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the Moorpark Police Department upon demand. 15. Areas inside the establishment open to customers must be illuminated sufficiently to allow the identification of persons. 16. The applicant or his /her designee shall be responsible to police the exterior of the business to assure that no alcoholic beverages are consumed within the parking lot. The applicant shall not permit any loitering in the parking lot or in areas adjacent to the facility. 17. No exterior advertising of any kind or type is allowed promoting or indicating the availability of alcoholic beverages. Interior displays of beer or wine that are clearly visible to the exterior shall constitute a violation of this condition. 000011" Resolution No. PC -2008- Page 6 18. In order to reduce theft, no floor display with filled containers of alcoholic beverages is permitted. Floor displays of alcoholic beverages may only contain empty packaging. 19. The permittee must correct any safety or security problem within thirty (30) days upon written notice of such a problem from the Moorpark Police Department. 20. Closed- circuit television cameras shall provide monitoring and recording of the sales counter to show employee /customer transactions, as well as, the reach -in refrigerators and floor area. This system should have the capability to record 24 hours. This system shall be protected from access by employees and customers. 21. Any and all employees directly involved or supervising the sale /service of alcoholic beverages shall provide evidence and the business shall maintain records that employees have: a. Received training from the State of California Department of Alcoholic Beverage Control "Leadership and Education in Alcohol and Drugs" LEAD program in the form of an ABC issued certificate. b. The Owner /Manager shall confirm with the California Department of Alcoholic Beverage Control within fifteen (15) days of hire any new employee has been scheduled with the local (Santa Barbara ABC office) to attend the LEAD program course. Alternatively, this course attendance requirement may be met through a LEAD certified agency or company approved by the State of California. -End- 00C110117 ITEM: 8.13. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: David A. Bobardt, Planning Director Prepared by: Joseph Fiss, Principal Pla ner DATE: December 28, 2007 (PC Meeting of 1/22/2008) SUBJECT: Consider Conditional Use Permit No. 2007 -10, A Request To Install a Wireless Telecommunications Facility Attached to an Existing 96 -Foot Tall SCE Electrical Transmission Tower, to Include Twelve (12) Panel Antennas, One (1) Parabolic Antenna, Two (2) GPS Antennas and a Ground - Mounted Equipment Shelter. BACKGROUND On October 17, 2007, Sprint Nextel, Inc., submitted a Conditional Use Permit (CUP) application for the construction and operation of a Sprint Nextel Wireless communications facility using an existing Southern California Edison (SCE) tower to install a Wireless Telecommunications Facility. It would be attached to an existing 96 -foot tall SCE electrical transmission tower and include 12 panel antennas, 1 parabolic antenna, 2 GPS antennas and a ground- mounted equipment shelter. The project application was determined to be complete on December 26, 2007. DISCUSSION Project Setting Existing Site Conditions: The project site is on an SCE easement, located on a hill within the Moorpark Country Club Golf course, east of the fourth golf tee of the "Ridgeline" course (west of the club house, south of Championship Drive). The golf course includes high -power electrical transmission towers with lines running generally north to south. Residences of the Moorpark Country Club Estates are located to the northeast, approximately 2,700 feet (0.51 miles) away, and to the west approximately 1,600 feet (0.30 miles) away. The site is located approximately 1,700 feet (0.32 miles) south of Championship Drive. 006016 Honorable Planning Commission January 22, 2008 Page 2 Previous Applications: On February 21, 2006, the Planning Commission adopted Resolution PC 2006 -496 approving Conditional Use Permit 2005 -07 for a similar Wireless Telecommunications Facility on the SCE towers within the same easement. As a condition of approval, the Planning Commission required that all equipment be installed in an underground vault. Although Sprint was willing to comply with this requirement, the heavy equipment necessary to bring in the vault would have damaged the golf course cart paths, and was therefore not allowed by the Moorpark Country Club. The previous approval has since expired and Sprint is now requesting approval of a Wireless Telecommunications Facility with 4 above - ground support equipment cabinets, at an adjacent lattice tower, slightly to the northeast of the previously approved application. Direction Site North South East West GENERAL PLAN /ZONING General Plan Zoni Land Use SCE High - Voltage Transmission Right-of-WE .............. . SCE High - Voltage Transmission Right-of-We ............. SCE High - Voltage Transmission Right of -Wa .................. Moorpark Country Club Golf Course Moorpark Country Club Golf Course General Plan and Zoni I Consistenc : Chapters 17.20 and 17.42 of the Municipal Code require a Conditional Use Permit for wireless cellular facilities. The applicant's proposal for a utility- mounted facility is defined as a "Minor Facility" and is allowed in the OS (Open Space) Zoning Classification. This type of facility is required to be compatible with surrounding land uses, must be an attachment to an existing above - ground structure and must comply with all other provisions of Sections 17.42.070.13, 17.42.070.C, and 17.42.070.D of the Municipal Code. Proposed Project AntAnt =as: This proposed wireless communication facility consists of 12 panel antennas and a 2-foot diameter microwave dish antenna mounted upon an existing 96 -foot tall SCE Electrical Transmission Tower via an approved SCE antenna mounting bracket. The proposed facility will transmit signals between the panel antennas and the wireless telephones within the coverage area. It will provide Sprint Nextel cellular coverage in the new residential communities in the northern part of the City. The proposed panel antennas measure 56 inches in height, and are approximately 8 inches in width, and are proposed to have a S: \Community Development \DEV PMTS \C U P\2003- 2007\2007 -10 SprintNextel\Agenda Reports \PC Agenda Report 080122.doc 00"O l ", Honorable Planning Commission January 22, 2008 Page 3 maximum height of 57 feet above the adjacent grade. The microwave dish is proposed to be located on the north elevation of the SCE transmission tower with a top of dish height of 59 feet above the adjacent grade. In the Open Space Zone, there is a maximum allowable height of 35 feet; however, a utility mounted facility such as this may exceed the maximum building height limit, if approved by the Planning Commission. The extent that the utility mounted facility exceeds the height of the existing utility pole or structure and the need for such height increase shall be taken into consideration by the city in conjunction with the processing of the CUP. The applicant has indicated that a 24 -foot height reduction would significantly reduce the coverage footprint for this installation. The typical antenna height for most Sprint installations is from 55 to 65 feet, which gives a coverage radius of approximately 3 miles. Reducing the antenna height to 35 feet will reduce the coverage footprint to approximately 1.5 miles, necessitating additional cell sites to provide similar coverage to the same geographic area. Equipment Enclnc� ��o• Sprint Nextel, Inc. proposes to install the support boxes, at the base of the transmission tower. Traditionally, conditions of app o al, such lay underground equipment vaults, have been added to minimize visual impact. The equipment and visibility are discussed further under Aesthetics in the analysis section. CompatlbllltV Wlth the Si irrn� �nrl�.,.. n a..nun� /'11Cd: No materials used in construction of the site would create substantial glare that would affect either daytime or nighttime views in the area. The proposed use is located in an area that is not likely to impact any of the adjacent uses, due to its small size. Additionally, staff has added a Condition of Approval that the color of the equipment shall be consistent with the color of the existing utility pole (tan). Aesthetics are addressed further in the analysis section. The proposed cellular facility on the existing utility would not produce noise, not violate any airy quality standards, ds, considered affect biologi ae resources, or cause an adverse effect on cultural resources. It will require no transport of hazardous materials to or from the site. The proposed use is designed to primarily serve the Moorpark Country Club Estates and Meridian Hills residential developments. Traffic and Parking: The proposed communication facility would generate a minimal amount of traffic (only that necessary to periodically check the facility). The applicant's submittal information indicates a Cell Site Technician will visit the facility an average of once a month. The applicant is proposing a 91 -foot long by 12 -foot wide access road that will be accessible from the existing golf cart access route. A condition of approval is recommended for the applicant to obtain a permanent access agreement or contract from the golf course to ensure accessibility to the site for maintenance prior to construction. & Community Development \DEV PMTS \C U P\2003- 2007\2007 -10 SprintNextel\Agenda Reports \PC Agenda Report 080122.doc Honorable Planning Commission January 22, 2008 Page 4 ANALYSIS Issues Staff analysis of the proposed project has identified aesthetics as an issue area for Planning Commission consideration in their decision. Aesthetics: The one 96 -foot high SCE tower, on which the antennas will be attached, is a considerable distance from the nearest residences to the west and northeast. The antennas would be located about two- thirds of the way up the tower and would visually be a relatively minor addition. As proposed, the antennas themselves will be visible from Championship Drive and the houses to the east, west, and south. Although a considerable distance from these houses, the appearance of the existing tower would be affected to a small degree. To minimize the conspicuousness of the antennas, a condition is proposed requiring that the color of the antennas be the same as the existing color of the SCE Tower. The equipment enclosures are proposed as standard utility boxes, approximately 6 feet tall, mounted on a concrete pad, for a total proposed height of 7 feet, 9 inches. Typically, the Planning Commission has required conditions of approval, such as underground equipment vaults to minimize visual impact of ground level equipment to adjacent and surrounding residents. Given the excessive distance from the homes and Championship Drive it is staff's opinion that an underground vault is not necessary for this project. However, it would be appropriate to provide some landscaping to help the equipment blend into its surroundings. A condition is proposed that, in lieu of a vault, the equipment must be painted and screened through the use of a combination of a berm, landscaping and /or a well, subject to the satisfaction of the Planning Director. Findings Conditional Use Permit Findings: A. The proposed use is consistent with the intent and provisions of the City's General Plan, and Title 17 of the Municipal Code in that the proposed use, height, setbacks, and improvements are consistent with City Code requirements. B. The proposed use is compatible with the character of the surrounding development in that the site is currently used by Southern California Edison for high power electrical transmission lines and the use of utility poles has been designated by the City as an appropriate location for the colocation of cellular sites. C. The proposed use is compatible with the scale, visual character and design of the surrounding properties, in that it is designed so as not to detract from the physical and visual quality of the area. The color of the antennas is conditioned to be painted to blend in with the existing SCE structure. S: \Community Development \DEV PMTS \C U P\2003- 2007\2007 -10 SprintNextel\Agenda Reports \PC Agenda Report 080122.doc 00066 Honorable Planning Commission January 22, 2008 Page 5 D. The proposed use will not be obnoxious or harmful or impair the utility of the neighboring properties or uses, in that the proposed use is designed to blend in with the colors of the terrain and the existing high power transmission line. E. The proposed use will not be detrimental to the public interest, health, safety, convenience, or welfare, in that the project has been conditioned to protect the public's health and safety. Wireless Facilities Findings: A. The proposed facility will not create any significant blockage to public views, in that the cellular facility will be placed on an existing electrical transmission tower. B. The proposed facility will enhance communication services to the City in that it will provide increased communication capabilities in the northern part of the City. C. The proposed facility will be aesthetically integrated into its surrounding land uses and natural environment, in that it is conditioned to be painted in a manner consistent with the colors of the existing electrical transmission tower. 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, as Sprint Nextel. Inc. operates its wireless network in compliance with its FCC license and FCC rules and regulations concerning frequency emissions and /or radio frequency interference. The transmission densities emanating from the facility will not exceed current American National Standards Institute (ANSI) recommended maximum exposure levels for wireless transmission frequencies which do not have the potential to significantly impact the community. In all cases, Effective Radiated Power (ERP), and its associated electromagnetic (EM) radiation power densities are a small fraction of the maximum permissible exposure set by ANSI, or the more restrictive exposure standard put forth by the National Commission on Radiation Protection and Measurement (NCRP). F. The public need for the use of the facility has been documented by the applicant and verified by City staff to be consistent with California law in that the proposed cell site will provide a substantial increase in the coverage area (an increase from weak coverage to good coverage in the target area). 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 calculations 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 24 -month period. S: \Community Development \DEV PMTS \C U P\2003- 2007\2007 -10 SprintNextel\Agenda Reports \PC Agenda Report 080122.doc 0000.21. Honorable Planning Commission January 22, 2008 Page 6 ENVIRONMENTAL DETERMINATION In accordance with the City's environmental review procedures adopted by resolution, the Planning Director determines the level of review necessary for a project to comply with the California Environmental Quality Act (CEQA). Some projects may be exempt from review based upon a specific category listed in CEQA. Other projects may be exempt under a general rule that environmental review is not necessary where it can be determined that there would be no possibility of significant effect upon the environment. A project which does not qualify for an exemption requires the preparation of an Initial Study to assess the level of potential environmental impacts. Based upon the results of an Initial Study, the Director may determine that a project will not have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient environmental documentation. If the Director determines that a project has the potential for significant adverse impacts and adequate mitigation cannot be readily identified, an Environmental Impact Report (EIR) is prepared. Pursuant to California State law, an evaluation has been conducted to determine whether the proposed project could significantly affect the environment. It has been found that the project is Categorically Exempt under Section 15303, Class 3, New Construction or Conversion of Small Structures. 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: December 26, 2007 Planning Commission Action Deadline: March 25, 2008 STAFF RECOMMENDATION Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC -2008- approving Conditional Use Permit No. 2007 -10, subject to conditions. & \Community Development \DEV PMTS \C U P\2003- 2007\2007 -10 SprintNextel\Agenda Reports \PC Agenda Report 080122.doc ooc,0 '2 Honorable Planning Commission January 22, 2008 Page 7 ATTACHMENTS- 1 . Location Map 2. Aerial Photograph 3. Project Plans (under separate cover) 4. Technical Exhibits (under separate cover) A. Photo Simulation B. Typical Equipment Installation C. Panel Antenna Specifications D. Parabolic Antenna Specifications 5. Draft Resolution No. PC -2008- with Conditions of Approval & Community Development \DEV PMTS \C U P\2003- 2007\2007 -10 SprintNextel\Agenda Reports \PC Agenda Report 080122.doc 0 e�'�, DHAM"SHIP D IV,',,, y APPROXIMATE LOCATION OF PROPOSED WIRELESS TELECOMMUNICATION FACILITY ON SOUTHERN CALIFORNIA EDISON TOWER 1600'+- N W�E S T NORTH LOCATION MAP PC ATTACHMENT 1 0041027 T AERIAL PHOTOGRAPH NORTH PC ATTACHMENT 2 004. 62 Project Plans (under separate cover) PC ATTACHMENT 3 0001.02 Technical Exhibits A. Photo Simulation B. Typical Equipment Installation C. Panel Antenna Specifications D. Parabolic Antenna Specifications (under separate cover) PC ATTACHMENT 4 000102", Sprint' Together with Nextel. Grimes Canyon CA- 7312 -C 11800 Championship Drive Moorpark, CA 93021 Proposed Existing PC ATTACHMENT 4.A. N � 00 -'' D N D n 2 K M z Cabinet layout of 4.0 / 4.013 Modcell with EZBFo 7/13/05 Lucent Technologies — Proprietary Use pursuant to company instruction EZBFo - growth EZBFo - growth EZBFo - base 15 A jr I j '-, 3E 3r: E 3� -' tj :j 1 E gal S JE la ,Z ili(in Pc rl - rt Isc, Fr in - tc -3 3(- k F Elr-ct,ic wl, VS V/ --1, CC III zc Fo Viz' 1- �ii�dl ncl pa_ si,le 1, e, T)c _jgi t- in( ;: rc :ec 10 Iv-1, it I ic al Dim �Ir3jc 1!i (I- x Fated Vh �t:l VqIo(- Equi /aier I - IE; P Fron 'N,ni Load Side Vine )CA (, IA,'e ig I,: (iA 0 t h! R90-17-XXDPL2 ,)uaiPoi@ Polarization 1850 MHz - 1990 MHz 90, 6.3o —> 18 dB 16.5 dBi (14.4 dBd) Dual Linear Slant (± 45-) > 30 dB > 36 dB Oo, 2', 4', V 1.35,1 Max 21 7-16 DIN (female) 250 Watts CVV < -150 dBc 12 x 20 VV (+ 43 dBm)] Chassis Ground 56 in x 8 in x 2.75 in (142 cm x 20.3 cm x 7.0 cm) 150 mph (241 km/hr) 3. 1ft' (.29 rn 1) 92 lbs (409 N) 31 lbs (139 N) 13,5 lbs (6.2 kg) EMS OPtiRangeTM suppressorTM N I 2.75- 42' MT[3-P('()- MTG-0O2-10, MTGJXX-10* RF CONNECTORS *lVol:0 wmi - , I- - t Products. See Mounting Options section for specific model number, f Aziml.ltl - Elevation Elevation Elevation 2' Downtilt 4' Downtilt 6' Downtilt EMS'antennas are Protected by one or more of the following U 5,844,529; 6 067 053; -3- Patents: 6,462,710; 6,392,600; 6,069,590 5,966,102, ReVi'.-',Ed D'Q /04 5,757,246. EM'S' 'antenna designs may also be covered by 'pending U.S. patent applications and by pending & awarded international patents. 55 ext. 5310 • Fax j 770.729.0036 A"-ennswireless.com PC ATTACHMENT 4.C. Gabriel 18 GHz Standard Parabolic Antenna Electrical Specifications Facts & Features • Gabriel Quality and Dependability. • Feed input flange UG- 596A/U mates with UG -595/U flange. (Other EIA and IEC types available on request.) • Quick and easy feed installation and continuous polarization adjustment are achieved from the rear of the antenna. (See specific model.) "HE" & "PE" Series models are pressurizable to 5 psi (35 kPa) All other feeds may be pressurized to 10 psi (70 kPa). • All antennas meet or exceed Standards EIA -195 -C and EIA- 222 -F. • Antenna features independent azimuth and elevation adjust- ments. (Refer to mechanical section for specific model.) • "HE" & "PE" Series feature independent galvanized steel adjust- ment for +/ -5" azimuth and +50 °/ -5° or +5 "/ -50° elevation adjust- ment. • Isolation is 35 dB or better on Dual Polarized models. • Special colors and /or logos available on request. • Radio mount kits optional. • Optional 2 ft. (0.6) antenna vertex mount configuration avail- able. rte -180A 2 (0.6) 17.70 -19.70 PE2.5 -180A 2.5 (0.8) PE4 -180B 4 (1.2) PE6 -180A 6 (1.8) Standard - Plane Polarized 17.70 -19.70 RF6- 180CSE RF8- 1808SE Standard - Dual Polarized DP2- 180ASE DP2.5- 180ASE 17.70 -19.70 DP4- 180ASE DP6- 180ASE DP8- 180ASE B B 38.5 40.3 39.0 40.8 39.4 41.2 2.0 32 52 1.20 (20.8)t B, 2, 3 44.5 45.0 45.4 1.5 0.9 32 32 54 1.20 (20.8)t B, 2, 3 47.8 48.3 48.7 0.7 32 56 1.20 (20.8)t 39.3 41.2 1.8 30 50 1.20 (20.8)t 60 1.20 (20.8)t 6 8 (1.8) (2.4) A, 2, 3 A, 2, 3 47.8 49.9 48.3 50.4 48.7 50.8 0.6 32 63 1.15 (23.1)t 0.5 32 65 1.15 (23.1)t 2 2.5 (0.6) (0.8) B B 38.4 40.3 38.9 40.8 39.3 41.2 1.8 30 50 1.20 (20.8)t 4 6 (1.2) B, 2, 3 44.3 44.8 45.2 1.5 0.9 30 30 52 1.20 (20.8)t 8 (1.8) (2.4) B, 2, 3 B, 47.7 48.2 48.6 0.6 30 56 63 1.20 1.20 (20.8)t 2, 3 49.8 50.3 50.7 0.5 30 65 (20.8)t 1.20 (20.8)t NOTE: A, B Meets U.S. Federal Communication Commission Rules and Regulations for Parts 74, 78 and 101 concerning antenna limitations. 2 Meets Industry Canada Radio Regulatory Standard SRSP- 318.5. 3 Meets Industry Canada Radio Regulatory Standard SRSP -318.8 Issue 1. Ver. A. t Improved VSWR available. Product information subject to change without notice. PC ATTACHMENT 4"D. RESOLUTION NO. PC -2008- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2007 -10 FOR THE CONSTRUCTION OF A WIRELESS COMMUNICATIONS FACILITY ON AN EXISTING SOUTHERN CALIFORNIA EDISON (SCE) UTILITY TOWER, LOCATED WITHIN THE MOORPARK COUNTRY CLUB GOLF COURSE ADJACENT TO THE FOURTH GOLF TEE WHEREAS, at a duly noticed public hearing, on January 22, 2008, the Planning Commission considered Conditional Use Permit No. 2007 -10, on the application of Sprint Nextel, Inc, requesting approval of a wireless communication facility on a Southern California Edison (SCE) utility tower, located within the Moorpark Country Club Golf Course adjacent to the fourth golf tee; and WHEREAS, at its meeting of January 22, 2008, the Planning Commission considered the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal; and reached a decision on this matter; and WHEREAS, the Planning Commission concurs with the Planning Director's determination that this project is Categorically Exempt from the provisions of CEQA pursuant to Section 15303 as a Class 3 exemption for New Construction or Conversion of Small Structures. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. CONDITIONAL USE PERMIT FINDINGS: Based upon the information set forth above, it is determined that this application with the attached special and standard conditions, meets the requirements of the City of Moorpark Municipal Code Section 17.44.040 in that: A. The proposed use is consistent with the intent and provisions of the City's General Plan, and Title 17 of the Municipal Code in that the proposed use, height, setbacks, and improvements are consistent with City Code requirements. B. The proposed use is compatible with the character of the surrounding development in that the site is currently used by Southern California Edison for high power electrical transmission lines and the use of utility poles has been designated by the City as an appropriate location for the colocation of cellular sites. PC ATTACHMENT 5 00111 -102 Resolution No. PC -2008- Page 2 C. The proposed use is compatible with the scale, visual character and design of the surrounding properties, in that it is designed so as not to detract from the physical and visual quality of the area. The color of the antennas is conditioned to be painted to blend in with the existing SCE structure. D. The proposed use will not be obnoxious or harmful or impair the utility of the neighboring properties or uses, in that the proposed use is designed to blend in with the colors of the terrain and the existing high power transmission line. E. The proposed use will not be detrimental to the public interest, health, safety, convenience, or welfare, in that the project has been conditioned to protect the public's health and safety. SECTION 2. WIRELESS FACILITIES FINDINGS: Based upon the information set forth above, it is determined that this application with the attached special and standard conditions, meets the requirements of the City of Moorpark Municipal Code Section 17.42.060 in that: A. The proposed facility will not create any significant blockage to public views, in that the cellular facility will be placed on an existing electrical transmission tower. B. The proposed facility will enhance communication services to the City in that it will provide increased communication capabilities in the northern part of the City. C. The proposed facility will be aesthetically integrated into its surrounding land uses and natural environment, in that it is conditioned to be painted in a manner consistent with the colors of the existing electrical transmission tower. 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, as Sprint Nextel. Inc. operates its wireless network in compliance with its FCC license and FCC rules and regulations concerning frequency emissions and /or radio frequency interference. The transmission densities emanating from the facility will not exceed current American National Standards Institute (ANSI) recommended maximum exposure levels for wireless transmission frequencies which do not have the potential to significantly impact the community. In all cases, Effective Radiated Power (ERP), and its associated electromagnetic (EM) radiation power densities are a small fraction of the maximum permissible exposure set by ANSI, or the more restrictive exposure standard put forth by the National Commission on Radiation Protection and Measurement (NCRP). F. The public need for the use of the facility has been documented by the applicant and verified by City staff to be consistent with California law in that the proposed cell site will provide a substantial increase in the coverage area (an increase from weak coverage to good coverage in the target area). 0 0! 0 Resolution No. PC -2008- Page 3 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 calculations 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 24 -month period. SECTION 3. PLANNING COMMISSION APPROVAL: the Planning Commission herby approves Conditional Use Permit No. 2007 -10 subject to the Special and Standard Conditions of Approval found in Exhibit A attached. SECTION 4. FILING OF RESOLUTION: The Planning Director shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: NOES: ABSTAIN: ABSENT: PASSED, AND ADOPTED this 22nd day of January, 2008. David A. Bobardt Planning Director Exhibit A: Special and Standard Conditions of Approval Chair 0000311 Resolution No. PC -2008- Page 4 EXHIBIT A SPECIAL AND STANDARD CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT (CUP) No 2005 -07 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 Planning Director. The Director may require additional screening after the installation of the antenna, if it 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 Planning Director. Such request may occur not more than once in a twelve (12) month period. 4. Prior to the finalization of building permits, the applicant shall paint all panel antennas, parabolic antenna(s), microwave dish(es), and any other exposed Sprint Nextel cellular equipment to match the color of the existing Southern California Edison transmission tower to the satisfaction of the Planning Director. 5. All equipment necessary for the operation of the telecommunication facility shall be painted and screened with a combination of berm, landscaping and /or a well, subject to the satisfaction of the Planning Director. 6. Prior to the issuance of a Zoning Clearance, the applicant shall conspicuously show both the reclaimed and potable water lines for the Moorpark Country Club Golf Course on the site plan to the satisfaction of the Planning Director. 7. Prior to issuance of a Zoning Clearance for construction, the applicant shall obtain a permanent access agreement or contract from the golf course to ensure accessibility to the site for maintenance. Proof of such agreement or contract shall be provided to the City of Moorpark. 0000C'2I Resolution No. PC -2008- Page 5 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 Planning Director may, at his /her discretion, grant up to two (2) 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 Planning 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 Planning 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. 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: OO(`0�3 Resolution No. PC -2008- Page 6 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 (40 %) 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. 15. Deliveries of oversized loads require a city permit. FEES 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 Planning 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 Planning Director the capital improvement, development, and processing fees at the current rate in 0000: Resolution No. PC -2008- Page 8 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 Planning 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 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- ®(?e017'1,- ITEM: 9.A. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: David A. Bobardt, Planning Director � DATE: January 4, 2008 (PC Meeting of 1/22/2008) SUBJECT: Consider Regular Meeting Schedule, Time and Place BACKGROUND Section 12.1 of Resolution No. PC- 2006 -507 (Rules of Procedure for Commission Meetings and Related Functions and Activities), states that the Planning Commission shall hold regular monthly or bi- monthly meetings as determined by the Commission. As this is the first meeting of 2008, it is appropriate to set the Planning Commission calendar for the year. Moorpark Municipal Code Section 2.36.100 deems a regular meeting to be one that is set by law, rule of the Planning Commission, or any regularly advertised public hearing. DISCUSSION Planning Commission regular meetings for the past three years have been held the fourth (4th) Tuesday of each month, starting at 7:00 p.m. with additional special meetings as needed to accommodate heavier work loads, or to address Permit Streamlining Act constraints. Staff recommends that this schedule be maintained through 2008. A calendar reflecting this recommendation is attached. The calendar also indicates the dates of regularly scheduled City Council meetings for reference. The gray shading on the calendar show the weekends and holidays. STAFF RECOMMENDATION Approve 2008 regular meeting schedule of the fourth (4th) Tuesday of each month starting at 7:00 p.m. at the Moorpark City Hall Community Center, 799 Moorpark Avenue, Moorpark, CA 93021. ATTACHMENT: 1. Recommended Regular Planning Commission Meeting Calendar \ \mor_pri_sery \City Share \Community Development \COMMISSION \P C POLICIES \agenda reports \2008 \pc 080122 pc cale c COMMUNITY DEVELOPMENT DEPARTMENT 2008 REGULAR MEETING SCHEDULE 6f� phi 0 Tots" 'm :06 f FG i2-'L ,,fri CE;F) r. Q, 14, fth ; #TT E TFF %I Gw PC ATTACHMENT 1 oo(( otl'lk" SU MO TU 1 WE 2 TH 3 FR 4 SA 5 SU MO TU WE TH FR 1 SA 2 SU MO TU WE TH FR SA 1 6 7 8 9 10 11 12 3 4 5 6 7 8 9 2 3 4 5 6 7 8 13 14 15 16 17 18 18 10 11 12 13 14 15 16 9 10 11 12 13 14 15 20 27 21 28 29 23 30 24 31 25 26 17 18 19 20 21 22 23 16 17 18 19 *° 20 21 22 24 2 27 28 29 23 24M 26 27 28 29 30 31 • i SU MO TU 1 WE 2 TH 3 FR 4 SA 6 SU MO TU WE TH 1 FR 2 SA 3 SU 1 MO TU 2 3 WE 4 TH 5 FR 6, SA 7 6 7 8 9 10 11 12 4 5 6 7 8 9 10 8 9 10 11 12 13 14 13 14 15 16 17 18 19 11 12 13 14 15 16 17 15 16 17 18 19 20 21 20 21 23 24 25 26 18 19 20 21 22 23 24 22 23 u25 26 27 28 27 28 29 30 25 28 29 30 31 29 30 SU MO TU 1 WE 2 TH 3 FR 4 SA 5 SU ` MO TU ► WE TH FR 1 SA 2 SU September MO TU 1 2 WE 3 TH 4 FR 5 SA 6 6 7 8 9 10 11 12 3 4 5 6 7 8 9 7 8 9 10 11 12 13 13 14 15 16 17 18 19 10 11 12 13 14 16 16 14 15 16 17 18 19 20 20 210 23 24 25 26 17 18 19 20 21 22 23 21 22 24 25 26 - 27 27 28 29 30 31 _ 24 25M 27 28 29 30 28 29 30 31 SU MO TU WE TH 1 2 FR 3 SA 4 SU MO TU WE TH FR SA 1 SU MO TU 1 2 WE TH 3 4 FR 5 SA 6 6 12 6 7 13 14 8 18 9 16 10 17 11 18 2 9 3 4 10 11 5 12 6 13 7 14 8 15 7 14 8 9 15 16 10 17 11 18 12 19 13 20 19 28 20 21 270 22 28 23 30 24 31 25 16 23 17 18 24 19 26 20 27 21 28 22 29 21 28 22 24 29 30 31 26 26 27 30 6f� phi 0 Tots" 'm :06 f FG i2-'L ,,fri CE;F) r. Q, 14, fth ; #TT E TFF %I Gw PC ATTACHMENT 1 oo(( otl'lk" PC ATTACHMENT 10.A. Planning Commission, City of Moorpark, California Minutes of October 23, 2007 Regular Meeting Page 1 A Regular Meeting of the Planning Commission was held on October 23, 2007, in the City Council Chambers; Moorpark Civic Center; 799 Moorpark Avenue; Moorpark, California; 93021. 1. CALL TO ORDER: Vice Chair Peskay called the meeting to order at 7:02 p.m. 2. PLEDGE OF ALLEGIANCE: Commissioner Hamous led the Pledge of Allegiance. 3. ROLL CALL: Present: Planning Commissioners Di Cecco, Hamous, Landis, and Vice Chair Peskay. Absent: Chair Taillon Staff Present: David Bobardt, Planning Director; Joseph Fiss, Principal Planner; Joseph Vacca, Principal Planner; and Joyce Figueroa, Administrative Assistant. 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: Mr. Bobardt announced receipt of a certificate of appreciation to the Planning Commission in recognition of their participation in Moorpark Country Days Parade. 5. PUBLIC COMMENTS: None. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS AND REPORTS ON MEETINGS /CONFERENCES ATTENDED BY THE COMMISSION: (Future agenda items are tentative and are subject to rescheduling.) A. Cancellation of November and December Meetings.. 0 000?` Planning Commission, City of Moorpark, California Minutes of October 23, 2007 Regular Meeting Page 2 Mr. Bobardt briefly discussed cancellation of November and December meetings. 8. PUBLIC HEARINGS: (next Resolution No. PC- 2007 -526) A. Consider Conditional Use Permit No. 2007 -04 a Conditional Use Permit for Sale of Alcoholic Beverages for Off -Site Consumption at a Proposed Circle -K Convenience Store at 6593 Collins Drive (Campus Plaza) on the Application of Saib Alrabadi. (Continued closed public hearing from September 25, 2007 meeting) (Staff: Joseph Fiss) Staff Recommendation: 1) Adopt Resolution No. PC -2007- approving Conditional Use Permit (CUP) No. 2007 -04 as directed by the Planning Commission. Commissioner Hamous recused himself and stepped down from the dais. The time was 7:05 p.m. Mr. Bobardt gave the staff report. The Commission discussed the prior staff recommendation to deny this application; whether the use would result in an area of over - concentration of alcoholic beverage sales; and if limiting the square footage of display space within a retail facility, is typical. CONSENSUS: It was the consensus of the Commission to continue the closed public hearing item to the January 22, 2008, Regular Planning Commission meeting. Commissioner Hamous returned to the dais at 7:11 p.m B. Consider Conditional Use Permit No. 2007 -01 A Request to Install a Wireless Communications Facility on an Existing Southern California Edison High Voltage Electrical Pole with an Underground Mechanical Equipment Vault Located Within a Landscape Nursery at 12777 Tierra Re�ada Road Approximately 2010 Feet North of Williams Ranch Road on the Application of Royal Street Communication LLC (Assessor Parcel No 506 -0- 010 - 045/615). (Staff: Freddy Carrillo) Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; 2) Adopt Resolution No. PC -2007, approving Conditional Use Permit No. 2007 -01, subject to conditions. 0000130 Planning Commission, City of Moorpark, California Minutes of October 23, 2007 Regular Meeting Page 3 Mr. Bobardt advised the Commission that the applicant has asked to take this item off the calendar and is willing to waive the time limits under the Permit Streamlining Act. He stated staff recommends this item be removed from the calendar without a Public Hearing being opened to be re- noticed when the applicant is ready to proceed. There were no speakers present for this item. MOTION: Commissioner Landis moved and Commissioner Di Cecco seconded a motion to remove the item from the calendar to be re- noticed at a later date. The motion carried by voice vote 4:0, Chair Taillon absent. C. Consider Modification No. 1 to Industrial Planned Development Permit (IPD /DP) No. 300 a Request to Construct a Three Level Parkinq Structure Containing 260 Parking Spaces at 5898 Condor Drive on the Application of John Kamus (513 -0- 006 -025; 513 -0- 006 -012). (Staff: Joseph Vacca) Staff Recommendation: 1) Open the public hearing, accept testimony and close the public hearing; 2) Adopt Resolution No. PC- 2007 -526 recommending to the City Council conditional approval of Modification No. 1 to IPD /DP 300. Mr. Vacca presented the staff report The Commission questioned staff about the standard parking ratio, ventilation requirement, night lighting, height of light stand, and four -foot retaining wall. Vice Chair Peskay opened the Public Hearing. John Kamus, applicant, 4100 Guardian Street Suite 250, Simi Valley, California, spoke in favor of the project and stated he was available for questions. David Gottlieb, applicant, 11601 Wilshire Boulevard Suite 1675, Los Angeles, California, spoke in favor of the project and discussed the parking ratio, high density of use, egress, and landscape. Vice Chair Peskay closed the Public Hearing. MOTION: Commissioner Di Cecco moved and Commissioner Landis seconded a motion to approve staff recommendation and adopt Resolution No. PC -2007- 526, approving Modification No. 1 to Industrial Planned Development Permit (IDP /DP) No. 300. The motion carried by voice vote 4:0, Chair Taillon absent. 000040 Planning Commission, City of Moorpark, California Minutes of October 23, 2007 Regular Meeting Pa e 4 The City Council is final approval for this project. 9. DISCUSSION ITEMS: A. Consider Cancellation of November 27 2007 Regular Plannin Commission Meeting. (Staff: David Bobardt) Staff Recommendation: Direct staff to post a notice of meeting cancellation for the November 27, 2007 regular meeting. Mr. Bobardt gave the staff report. MO: Commissioner Landis moved and Commissioner Di Cecco seconded a motion to direct staff to post a notice of cancellation for the November 27, 2007, regular meeting. The motion carried by voice vote 4 :0, Chair Taillon absent. 10. CONSENT CALENDAR: Mr. Bobardt noted corrections to the minutes of September 25, 2007, Regular Meeting. A. Consider Approval of 2007. the Regular Meeting M MOTION: Commissioner Di Cecco moved and Vice Chair Peskay seconded a motion to approve the Consent Calendar, as amended for corrections to the minutes of September 25, 2007. The motion carried by voice vote 4:0, Chair Taillon absent. 11. ADJOURNMENT: Vice Chair Peskay adjourned the meeting at 7:38 p.m. Mark Taillon, Chair David A. Bobardt, Planning Director 00( -PO4,