HomeMy WebLinkAboutAG RPTS 2008 0226 PC REGPLANNING COMMISSION
REGULAR MEETING AGENDA
FEBRUARY 26, 2008
7:00 P.M.
Resolution No. 2008 -529
Moorpark Community Center 799 Moorpark Avenue
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS:
5. PUBLIC COMMENT:
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS AND REPORTS ON
MEETINGS /CONFERENCES ATTENDED BY THE COMMISSION:
(Future agenda items are tentative and are subject to rescheduling.)
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
February 26, 2008
Page 2
8. PUBLIC HEARINGS: (next Resolution No. PC- 2008 -529)
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 Alrabadl (Continued with the hearing closed from
January 22, 2008 meeting) Staff Recommendation: 1) Adopt Resolution
No. PC- 2008 -527 approving Conditional Use Permit (CUP) No. 2007 -04
as directed by the Planning Commission. (Staff: David Bobardt)
B. Consider Commercial Planned Development Permit No. 2007 -02 A
Request for Construction of a Human Services Center Within Two (2)
Buildings, Totaling Approximately 25,000 Square Feet for Non
Emergencv Medical /Dental Services Educational and Charitable Services
on 2.05 Acres. Staff Recommendation: 1) Open the public hearing, accept
public testimony and close the public hearing; 2) Adopt Resolution No.
PC -2008- approving Commercial Planned Development Permit No.
2007 -02, subject to conditions. (Staff: Joseph Fiss)
9. DISCUSSION ITEMS:
A. Consider Resolution Adopting Revised Rules of Procedure for
Commission Meetings and Related Functions and Activities and
Rescinding Resolution No PC -2006 507 Staff Recommendation: Adopt
Resolution No. PC -2008- adopting revised Rules of Procedure and
rescinding Resolution No. PC- 2006 -507. (Staff: David Bobardt)
10. CONSENT CALENDAR:
A. Consider Approval of the Regular Meeting Minutes of January 22 2008
Staff Recommendation: Approve the minutes.
11. ADJOURNMENT:
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, including auxiliary aids or services, please contact the Community Development Department at
(805) 517 -6233. Upon request, the agenda can be made available in appropriate alternative formats to
persons with a disability. Any request for disability - related modification or accommodation should be made
at least 48 hours prior to the scheduled meeting to assist the City staff in assuring reasonable arrangements
can be made to provide accessibility to the meeting (28 CFR 35.102- 35.104; ADA Title II).
SACommunity Development \COMMISSION\AGENDA\2008 \08 0226_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,
February 26, 2008, at 7:00 p.m. in the Council Chambers of the Moorpark Community
Center, 799 Moorpark Avenue, Moorpark, California, was posted on February 15, 2008,
at a conspicuous place at the Moorpark Community Center, 799 Moorpark Avenue,
Moorpark, California.
declare under penalty of perjury that the foregoing is true and correct.
Executed on February 15, 2008.
Y
J yc R. Figueroa, Administrative Assistant
SACommunity Development \COMMISSION\AGENDA\2008 \08 0226_aop.doc
ITEM: 8.A.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: David A. Bobardt, Planning Director
DATE: February 13, 2008 (PC Meeting of 2/26/2008)
SUBJECT: Consider Conditional Use Permit No. 2007 -04, a Conditional Use Permit
for Sale of Alcoholic Beverages for Off -Site Consumption at a Proposed
Convenience Store at 6593 Collins Drive (Campus Plaza), on the
Application of Saib Alrabadi
BACKGROUND /DISCUSSION
As part of a proposed convenience store in the Campus Plaza shopping center currently
under construction (now proposed as a 7 -11 store), 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. 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. At the
January meeting, the Planning Commission voted 2 to 1 to approve the Conditional Use
Permit. The City Attorney has advised Community Development staff that the approval
motion failed, as State law requires a majority of the Commissioners to approve a
Resolution. Since the motion failed, but written findings for denial were not adopted, the
item is returned to the Planning Commission at this time for further consideration. 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- 2008 -527 approving Conditional Use Permit (CUP) No. 2007 -04
as directed by the Planning Commission on September 25, 2007.
000001
Honorable Planning Commission
February 26, 2008
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.
January 22, 2008
Planning Commission Agenda Report (Without Attachments)
6.
Draft Resolution PC 2008 -527
\\mor pri_sery \City Share \Community Development \DEV PMTS \C U P\2003- 2007\2007 -04 Circle K\Agenda Rpts \08 0226
Continuance Report.doc
ITEM: 8.A.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: Barry K. Hogan, Community Development D'
Lrec
to
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
6693 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
Wor —pri_sery \City Share \Community Development\DEV PMTS \C U P\2003- 2007\2007 -04 Circle K\Agenda R,pts\PC Agenda
Report.doc
PC ATTACHMENT 1
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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-Way
OS
... _....... ......... .. ........
Freeway
.(F Rte)
East
Freeway Right -of -Way
OS
Freeway
(FWY R/W) . I. I
_. ..
Residential Planned
West
Very High Density
Development/l2
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;
I 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;
0000CII
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, orwithin the immediate neighborhood so as to cause blight,
deterioration or substantially diminish or impair property values within the
neighborhood.
Finding Nos. 2 and 7 are discussed further in the Analysis section of this report.
Proposed Project
As part of a convenience store operation, the applicant is requesting a Conditional Use
Permit for the sale of alcoholic beverages including liquor, beer, and wine for off -site
consumption. The convenience store lease space is approximately 2,200 square feet, of
which 1,700 square feet would be for retail space and 500 square feet would be for storage
and office use. Of approximately 200 linear feet of product display proposed in the retail
space, 20 feet (10 %) would be devoted to beer, wine, and alcoholic beverage display. In
terms of area, the proposed beer, wine and liquor display space accounts for about 150
square feet (20 %) of the 750 square feet of product display space. This ratio is larger than
the linear footage ratio due to the depth of the walk -in refrigerator behind the beer and wine
display.
ANALYSIS
Issues
Staff analysis of the proposed project has identified the following issue areas for Planning
Commission consideration:
• Area One: Neighborhood Compatibility
• Area Two: Public Convenience
Neighborhood Compatibility:
Finding No. 2 requires the proposed use to be compatible with existing and permitted uses
in the surrounding area for a Conditional Use Permit to be granted. The proposed use is
located within one thousand (1,000) feet of Moorpark College, College View Park, and
Campus Canyon School. A liquor store would not be a permitted use in such close
proximity to these uses due to land use compatibility issues. However, the Circle -K store is
proposing 90% of its linear footage of display and 80% of its product display area to
include items other than alcoholic beverages, and therefore it is not considered a liquor
store.
Nonetheless, another aspect to neighborhood compatibility is whether or not the proposed
use is in an area with an over - concentration of stores that sell alcoholic beverages for off -
site consumption. Within the Campus Hills/Varsity Park neighborhood, two other stores
sell alcoholic beverages for off -site consumption: the Shell station convenience store within
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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.
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 Fisted 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
00(JG(
ITEM: S.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 07/24/07)
SUBJECT: Consider Conditional Use Permit No. 2007 -04, a Conditional Use Permit
for Sale of Alcoholic Beverages for Off -Site Consumption at a Proposed
Circle -K Convenience Store at 6593 Collins Drive (Campus Plaza), on
the Application of Saib Alrabadi
BACKGROUND /DISCUSSION
The public hearing for this application was opened by the Planning Commission on June
26, 2007, and continued with the hearing open to July 24, 2007, at the request of the
applicant. The applicant 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.
Wor_pri_sery \City Share \Community Development\DEV PMTS \C U P\2003- 2007\2007 -04 Circle K\Ngencla Rpts\continuance
report.doc
PC ATTACHMENT 2
0 0 . G
ITEM: S.A.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
N
FROM: David A. Bobardt, Planning Directory
Prepared by Joseph Fiss, Princi al P;nner
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 on
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
June 26, 2007 Planning Commission Agenda Report
2. Draft PC Resolution
Amor —pri_sery \City Share \Community OevelopmenMEV PMTS \C U P\2003- 2007\2007 -04 Circle KVAgenda Rpls \07 0925 F „al
Report.doc 0000 G 9
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 er
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
\ \mor_pri_serv\City Share \Community Development\DEV PMTS \C U P\2003- 2007\2007 -04 Circle K\Agenda Rpts\07 1023 Ap r �tal. \w
Report.doc -� . 6 �
PC ATTACHMENT 4
ITEM: 8.A.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: David A. Bobardt, Planning Director
Prepared by Joseph Fiss, Principal tanner V1,__
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.
S1Community Development \DEV PMTS \C U P\2003- 2007\2007 -04 Circle K\Agenda Rpts \08 0122 Continuance Re ort.doc
PC ATTACHMENT 5 p ���
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-
0000 -111 -'
RESOLUTION NO. PC- 2008 -527
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 February 26, 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:
1. The proposed use is consistent with the provisions of the general plan,
zoning ordinance, and any other applicable regulations in that the sale of
liquor, beer, and wine for off -site consumption is an ancillary use to the
approved convenience store, a use consistent with the General Plan and
Zoning.;
\\mor pri_sery \City Share \Community Development\DEV PMTS \C U P\2003- 2007\2007 -04 Circle K \Reso \PC_Reso 08 0226.doc
PC ATTACHMENT 6
0 el 6 1
Resolution No. PC- 2008 -527
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.
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.
0 0 0f 0't.
Resolution No. PC- 2008 -527
Page 3
SECTION 3. FILING OF RESOLUTION: The Planning Director shall cause a
certified resolution to be filed in the book of original resolutions.
The action of the foregoing direction was approved by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
PASSED, AND ADOPTED this 26th day of February, 2008.
Robert Peskay, Chair
David A. Bobardt
Planning Director
Exhibit A — Conditions of Approval for Conditional Use Permit Nos. 2007 -04
0001C �,
Resolution No. PC- 2008 -527
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.
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Resolution No. PC- 2008 -527
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.
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Resolution No. PC- 2008 -527
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-
00� 01-Ir-
ITEM: 8.13.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: David A. Bobardt, Planning Director
Prepared by Joseph Fiss, Principal Planner
DATE: January 30, 2008 (PC Meeting of 2/26/08)
SUBJECT: Consider Commercial Planned Development (CPD) No. 2007 -02 to allow
the construction of a Human Services Center within two (2) buildings,
totaling approximately 25,000 square feet, for non - emergency
medical /dental services, educational uses, and charitable services,
located on 2.05 acres at 612 Spring Road on the application of the
Moorpark Redevelopment Agency
BACKGROUND
On October 5, 2007 the Moorpark Redevelopment Agency (MRA) filed an application for a
Commercial Planned Development to allow construction of a Human Services Center
within two (2) buildings, totaling approximately 25,000 square feet, for non - emergency
medical /dental services, educational uses, and charitable services, located on 2.05 acres
at 612 Spring Road. The site is currently owned by the MRA and houses Catholic
Charities in a temporary facility.
DISCUSSION
Project Setting
Existing Site Conditions:
The 2.58 acre site is located on the east side of Spring Road south of High
Street/Princeton Avenue, between the Moorpark Police Station on the south and the
Ventura County Transportation Commission Railroad Right of Way to the north. The
mostly unimproved site is relatively flat, and there are no mature trees on site. Catholic
Charities is operating out of a temporary facility on the east side of the site.
Previous Applications:
Parcel Map No. 5426 created the subject property boundaries.
\\mor_pri_sery \City Share \Community Development \DEV PMTS \C P D\2007 -02 Ruben Castro Human Services Center\Agenda
Reports \PC Agenda Report 080226.doc
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Honorable Planning Commission
February 26, 2008
Page 2
GENERAL PLAN /ZONING
Direction
General Plan
Zoning
Land Use
10,003
General
Commercial
15,262
Site
Commercial
Planned
Catholic Charities
(Downtown
Development
(Temporary Facility)
.......... ._ ... ......................_Specific
Plan)
(C_P.)..._............. ...........................................................-......
Light Industrial
Industrial Park
...............................
and General
(M -1) and
Commercial
VCTC Railroad Right -
North
Commercial
Planned
of -Way, Service
Downtown
(Downtown
Station, Auto Repair
Specific Plan)
(CPD)
General
Commercial
South
Commercial
(Downtown
Planned
Development
Police Station
Specific Plan) ...
(CPD)
East
Light Industrial
g
Industrial Park
Industrial
.. _ ............................... _ .....
.......
(M -1)
Light Industrial
(Downtown
Industrial Park
West
Specific Plan)/
(M -1)/ Single
Medium Density
Family
Industrial /Residential
Residential
Residential
(R -1)
General Plan and Zoning Consistency:
General and medical offices and services are consistent with the General Commercial
General Plan land use designation and the Commercial Planned Development (CPD)
zoning designation of the site.
Project Summary
Commercial Planned Development Permit No 2007-02:
Building
Proposed Use
Building Area
(s q. ft.)
A
Medical /Dental /Office
10,003
B
General Office
15,262
Total
25,265
0 (i0;, �a
Honorable Planning Commission
February 26, 2008
Page 3
Proposed Project
Architecture:
The proposed architecture is of a contemporary style, with a cement plaster exterior,
consisting of two buildings with a central courtyard. Concrete block wainscot veneer, metal
awnings, and steel trellises accent the buildings. The colors of the buildings consist of a
combination of cream /off - white, mustard /gold and several shades of brown. The style,
colors, and materials take cues from the adjacent police station and surrounding light
industrial uses. The contemporary design of the building is appropriate for the transitional
nature of this building. The design is consistent with the light industrial nature of the
buildings to the east, and ties in design themes of the new police station, to the south. The
residential neighborhood to the west "backs" up to Spring Road, with the main visual
element that corresponds to this site being the recently constructed perimeter block wall
across the street. Colors, materials, and building design are discussed further in the
analysis section.
Setbacks:
The buildings have been sited towards the center of the lot, providing for landscaping and
parking surrounding the building, except for the landscaped front setback on the Spring
Road elevation. Spring Road is identified as a Four -Lane Arterial road in the Circulation
Element of the General Plan. A thirty (30) foot setback is typically required for buildings
fronting four -lane roads. Portions of Building "A" are approximately fifteen (15) feet from
the front property line. This is discussed below in the analysis section.
Traffic:
According to the standards of the Institute of Traffic Engineers (ITE), this project is
anticipated to generate approximately 1,415 trip -ends per day. Traffic impact fees have
been included as conditions of approval to address project related traffic impacts.
Circulation and Parking:
The on -site circulation is well designed, with a circulation pattern that allows access to all
sides of the building as well as three points of ingress and egress to the site from the public
street. This design allows for entry and exit from Spring Road, as well as to Minor Street
via Flynn Avenue.
The 2007 California Building Code requires that, for medical uses, at least one accessible
entrance shall be protected from the weather by canopy or roof overhang, incorporating a
passenger loading zone. A condition of approval has been added that, such protection
must be provided, with the ultimate design subject to the approval of the Building Official
and Planning Director.
0000
Honorable Planning Commission
February 26, 2008
Page 4
Building
Proposed Use
Spaces Required
Spaces Provided
A
......
B
Medical /Dental /Office (10,003 s.f.)
..... ..................... ........ ......... ........
General Office 15,262 s.f.
33.34
....... ....... .........
50.87
34 .........
51
Total
84.21
85
Loading Area:
The proposed use must have at least one (1) on -site permanently maintained off - street
loading and unloading spaces of at least eleven (11) feet by thirty -five (35) feet, unless
waived by the Community Development Director, Planning Commission or City Council. In
this case, effective loading and unloading of passengers and deliveries can be
accomplished without a loading space as the drive aisles allow access to all sides of the
building as well as three points of ingress and egress to the site from the public street. It
would be appropriate for the Planning Commission to recommend that the City Council
waive this provision.
Landscaping and Public Art:
No mature trees or established landscaping is being removed as a result of this
development. The development is proposing sufficient landscaping in the parking lot and
setback areas to meet code requirements. Additionally, a courtyard and a playground are
proposed providing a greater percentage of open space than is normally required. While
no specific public art proposal has been developed at this point in the development
process, the site layout includes several locations where public art could be provided,
including the courtyard, building entrances, and planting areas.
Site Improvements and National Pollution Discharge Elimination Standards Requirements
NPDES :
The City Engineer has conditioned the project to provide for all necessary on -site and off-
site storm drain improvements including the imposition of National Pollution Discharge
Elimination System (NPDES) requirements. "Passive" Best Management Practices
Drainage Facilities are required to be provided so that surface flows are intercepted and
treated on the surface over biofilters (grassy swales), infiltration areas and other similar
solutions.
Air Quality:
According to the 2000 Ventura County Air Quality Assessment Guidelines, the proposed
project will produce 3.5 pounds of NOX per day, which is below the allowable 25 pound per
day threshold, providing a conclusion that there will not be an impact on regional air quality.
However, as is required with all projects, staff incorporates a standard condition requiring a
minimum contribution to the Moorpark Traffic Systems Management Fund.
0 0()0& 1"1
Honorable Planning Commission
February 26, 2008
Page 5
ANALYSIS
Issues
Staff analysis of the proposed project has identified the following areas for Planning
Commission consideration in their recommendation to the City Council:
• Setbacks
• Colors and Materials
• Building Design
Setbacks
As proposed, Building "A" is approximately fifteen (15) feet from the Spring Road property
line. This is consistent with the surrounding area, enhancing the streetscape and creating
visual interest with the juxtaposition of Building "B ", which is set back farther from the
street.
The site plan shows parking spaces within the thirty (30) foot setback in the north and
south parking lots. Staff is recommending that parking within the thirty (30) foot setback
area must be removed and those areas replaced with landscaping. There is sufficient area
on the southern boundary of the site to replace any required parking spaces.
Color and Materials
The City has had recent projects approved with colors that, when applied to a large
surface, do not create the effect as shown on the elevation drawings. To remedy this, staff
is recommending a condition that swatches be painted on the building, large enough to
make a determination as to the appropriateness of each color. Additionally, staff has
added a condition that several full -sized samples of differing varieties of block veneer must
be provided for review prior to installation. Both of these conditions will be made subject to
the satisfaction of the Planning Director.
Building Design
Given the parking layout and visibility from the public rights of way, it is important that the
buildings have architectural detailing on all sides. The south elevation of Building "A ",
visible when traveling northbound on Spring Road, does not include the decorative
elements that are on the rest of the building. Appropriate elements for this elevation
include additional windows (spandrel glass is an acceptable alternative), block veneer, and
steel trellises or awnings. A condition has been added to ensure that this elevation be
revised, subject to the satisfaction of the Planning Director.
Honorable Planning Commission
February 26, 2008
Page 6
Findings
A. The site design, including structure location, size, height, setbacks, massing,
scale, architectural style and colors, and landscaping, is consistent with the
provisions of the general plan, any applicable specific plans, zoning ordinance,
and any other applicable regulations;
B. The site design would not create negative impacts on or impair the utility of
properties, structures or uses in the surrounding area; and
C. The proposed uses are compatible with existing and permitted uses in the
surrounding area.
PROCESSING TIME LIMITS
Time limits 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) do not apply to public projects.
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 Planning 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 Planning Director determines that a project
has the potential for significant adverse impacts and adequate mitigation can not be readily
identified, an Environmental Impact Report (EIR) is prepared.
The Planning Director has reviewed this project and found it to be Categorically Exempt in
accordance with Section 15332 (Class 32, Infill Projects) of the California Code of
Regulations (CEQA Guidelines). No further environmental documentation is required.
0 0C0 q
Honorable Planning Commission
February 26, 2008
Page 7
STAFF RECOMMENDATION
Open the public hearing, accept public testimony and close the public hearing.
2. Adopt Resolution No. PC -2008- recommending to the City Council conditional
approval of Commercial Planned Development Permit No. 2007 -02.
ATTACHMENTS:
1. Location Map
2. Aerial Photograph
3. Site Plan
4. Project Plans (Under Separate Cover)
5. Draft PC Resolution with Conditions of Approval
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PC ATTACHMENT 4
RESOLUTION NO. PC -2008-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE
CITY COUNCIL APPROVAL OF COMMERCIAL PLANNED
DEVELOPMENT PERMIT NO. 2007 -02 TO ALLOW THE
CONSTRUCTION OF A HUMAN SERVICES CENTER WITHIN
TWO (2) BUILDINGS, TOTALING APPROXIMATELY 25,000
SQUARE FEET, FOR NON - EMERGENCY MEDICAL /DENTAL
SERVICES, EDUCATIONAL AND CHARITABLE SERVICES,
LOCATED ON 2.05 ACRES AT 612 SPRING ROAD ON THE
APPLICATION OF THE MOORPARK REDEVELOPMENT
AGENCY
WHEREAS, at a duly noticed public hearing on February 26, 2008, the Planning
Commission considered Commercial Planned Development 2007 -02 on the application
of the Moorpark Redevelopment Agency for construction of a human services center
within two (2) buildings, totaling approximately 25,000 square feet, for non - emergency
medical /dental services, educational and charitable services, located on 2.05 acres at
612 Spring Road; and
WHEREAS, at its meeting of February 26, 2008 the Planning Commission
considered the agenda report and any supplements thereto and written public
comments; opened the public hearing and took and considered public testimony both
for and against the proposal; and 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 (15332) as a Class 32 exemption for Infill Development.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. PLANNED DEVELOPMENT FINDINGS: Based upon the
information set forth in the staff report, 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:
A. The site design, including structure location, size, height, setbacks, massing,
scale, architectural style and colors, and landscaping, is consistent with the
provisions of the general plan, any applicable specific plans, zoning ordinance,
and any other applicable regulations;
B. The site design would not create negative impacts on or impair the utility of
properties, structures or uses in the surrounding area; and
\ \mor pri_sery \City Share \Community Development \DEV PMTS \C P D\2007 -02 Ruben Castro Human Services Center \Reso \Draft
PC RESO.doc
PC ATTACHMENT 5
Resolution No. PC -2008-
Page 2
C. The proposed uses are compatible with existing and permitted uses in the
surrounding area.
SECTION 2. PLANNING COMMISSION RECOMMENDATION:
The Planning Commission recommends to the City Council approval of
COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 2007 -02 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 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 26th day of February, 2008.
Robert Peskay, Chair
David A. Bobardt
Planning Director
Exhibit A — Special and Standard Conditions of Approval
(300034
Resolution No. PC -2008-
Page 3
EXHIBIT A
SPECIAL AND STANDARD CONDITIONS OF APPROVAL
FOR COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 2007 -01
AND TENTATIVE TRACT MAP NO. 5743
SPECIAL CONDITIONS
The landscape plan must incorporate specimen size trees and other substantial
features subject to the review and approval of the Planning Director, with
enhanced landscaping west of the building. Where feasible, the applicant shall
use native California trees in the landscaping of the project. Specific tree type,
species, size and location shall be to the satisfaction of the Planning Director.
None of the prohibited plants indicated in the Provisionally Acceptable Plant List
and the Invasive and Prohibited Plant List contained in the City's Landscape
Guidelines may be used in this development
2. All landscaping and irrigation must be installed prior to occupancy.
3. Lighting fixtures must be architecturally compatible with the buildings and
landscaping. Security and parking lot lighting shall not be attached to the
buildings.
4. Visible roof ladders, equipment, vents, exterior drains and scuppers are not
permitted.
5. Ground - mounted utility boxes and equipment must be screened with landscaping
subject to the review and approval of the Planning Director.
6. All gas, electric, water and any other utility meters or boxes must be screened to
the degree allowable by the utility companies, and subject to the review and
approval of the Planning Director.
7. All signage must conform to the City's sign requirements and an approved sign
program. A monument sign may be constructed consistent with the sign
requirements and a sign program as approved by the Planning Director.
8. During construction, perimeter lighting must be installed at a minimum of 150 foot
intervals and at height not less than fifteen (15) feet from the ground. The light
source used must have a minimum light output of 2,000 lumens, be protected by
a vandal resistant cover, and be lighted during the hours of darkness.
Construction lighting is subject to review and approval of the Planning Director
and Chief of Police.
9. Prior to the commencement of construction, including grading, fencing not less
than six (6) feet in height, which is designed to preclude human intrusion, must
be installed along the perimeter boundaries of the construction site and shall be
secured with chain and Fire District padlocks for emergency vehicle access.
Alternatively, a uniformed security guard, licensed pursuant to Chapter 11 of the
00rt�.,r'M
Resolution No. PC -2008-
Page 4
Business and Professions Code of the State, shall be utilized to continually patrol
the construction site during the hours when construction work has ceased.
10. On -site water detention area(s) may not be so deep, or the sides so steep, as to
require fencing, as determined by the Planning Director and City Engineer, prior
to issuance of a grading permit.
11. No specific hours of operation are established for the uses in this project;
however, the Planning Director shall have the authority to establish hours of
operation through a Permit Adjustment when in his /her opinion limits on hours of
operations are necessary to maintain compatibility with the across the street
residential uses. Any exterior maintenance, cleaning, sweeping and landscape
work may only be performed between 7:00 a.m. and 7:00 p.m. Monday through
Saturday.
12. Loading and unloading operations are allowed only between the hours of 7:00
a.m. and 7:00 p.m., Monday through Friday. More restrictive hours for loading
and unloading may be imposed by the Planning Director if there are noise and
other issues that make the loading and unloading incompatible with the adjacent
residential uses. Idling of trucks while loading or unloading is prohibited.
13. Final architectural and site plan design and detailing, including parking lot,
landscaping and lighting design is subject to review and approval of the Planning
Director.
14. Non - reflective glass must be used on all exterior walls of the building, with
specific glass locations to the satisfaction of the Planning Director.
15. The applicant shall prohibit truck parking or storage overnight in the parking lot
area. Limited truck parking, when in association with a permitted use, is allowed,
but in no case shall there be overnight parking.
16. Prior to the issuance of a building permit for a building, the applicant shall submit
a fencing /wall plan for review and approval of the Planning Director for the
walls /fencing of the east, north and west perimeters of the property.
17. The applicant shall submit all of the proposed colors, materials and building finish
textures for review and approval to the satisfaction of the Planning Director prior
to the issuance of building permits. Prior to painting the entire building, paint
swatches of the proposed color must be painted on each building, large enough
to make a determination as to the appropriateness of each color. The Planning
Director shall review and approve the final building colors.
18. The applicant shall submit several full -sized samples of differing varieties of block
veneer for review prior to installation for review and approval subject to the
satisfaction of the Planning Director.
19. Prior to the issuance of a grading permit, the applicant shall submit a final
hardscape plan to include the treatment of the decorative hardscape areas with
integral color and texture at all predominate pedestrian areas, and prominent
drive aisles.
Resolution No. PC -2008-
Page 5
20. Prior to installation of hardscape and building materials, a field check and
approval by the Planning Director is required.
21. Air conditioning handling units may be no higher than the lowest parapet on the
roof and must be painted the same color as the roofing material. There may not
be any piping, visible roof ladders, equipment, vents, exterior drains and
scuppers or any other exposed equipment on the roof.
22. Prior to Zoning Clearance, the applicant shall make a special contribution to the
City representing the project's pro -rata share of the cost of intersection
improvements at Spring Road and High Street/Princeton Avenue and Spring
Road and Los Angeles Avenue. The actual contribution (pro -rata share shall be
based upon the additional traffic added to the intersection). The applicant's traffic
engineer shall provide the City Engineer a "Fair Share Analysis" of the projects
added traffic for calculation of the pro -rata ( "fair share ") amount.
23. In conjunction with the preparation of precise grading and landscape plans, the
sight distance shall be reviewed and approved at project access points per City
standards.
24. The applicant shall install stop signs, stop bars, and stop legends at project
access points.
25. The south elevation of Building "A" shall be enhanced with the same strong
visual details as the rest of the building, subject to the review and approval of the
Planning Director.
26. The applicant shall provide decorative anti - skateboard devices at several points
along the planter walls subject to the review and approval of the Planning
Director.
27. All parking within the thirty (30) foot setback area must be removed and those
areas replaced with landscaping. Required parking spaces shall be replaced
along the southern boundary of the site.
28. Consistent with the 2007 California Building Code, at least one accessible
entrance shall be protected from the weather by canopy or roof overhang,
incorporating a passenger loading zone. The ultimate design subject to the
approval of the Building Official and Planning Director.
0 0 «0� ":
Resolution No. PC -2008-
Page 6
STANDARD CONDITIONS FOR
COMMERCIAL PLANNED DEVELOPMENT 2007 -01
A. The following conditions shall be required of all projects:
GENERAL REQUIREMENTS
The Conditions of Approval of this entitlement and all provisions of the
Subdivision Map Act, City of Moorpark Municipal Code and adopted City policies
at the time of the entitlement approval, supersede all conflicting notations,
specifications, dimensions, typical sections and the like which may be shown on
said Map and /or plans.
2. 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.
3. If any archeological 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.
4. Paleontological Mitigation Plan: If required by the Planning Director, prior to
issuance of a Zoning Clearance for a grading permit, a paleontological mitigation
plan outlining procedures for paleontological data recovery shall be prepared and
submitted to the Planning Director for review and approval. The development
and implementation of this Plan shall include consultations with the Applicant's
engineering geologist as well as a requirement that the curation of all specimens
recovered under any scenario will be through the Los Angeles County Museum
of Natural History (LACMNH), that unless a written directive is issued by the City
of Moorpark within thirty (30) days of receipt of a report on the resources found
all specimens will remain the property of LACMNH, and subject to their
discretion. The monitoring and data recovery should include periodic inspections
of excavations to recover exposed fossil materials. The cost of this data
recovery shall be limited to the discovery of a reasonable sample of available
material. The interpretation of reasonableness shall rest with the Planning
Director.
5. If any of the conditions or limitations of this approval are held to be invalid, that
holding shall not invalidate any of the remaining conditions or limitations set forth.
Resolution No. PC -2008-
Page 7
6. All facilities and uses, other than those specifically requested in the application
and those accessory uses allowed by the Municipal Code, are prohibited unless
otherwise permitted through application for Modification consistent with the
requirements of the zone and any other adopted ordinances, specific plans,
landscape guidelines, or design guidelines.
FEES
7. Condition Compliance: Prior to the issuance of any Zoning Clearance, building
permit, grading permit, or advanced grading permit, the applicant shall submit to
the Community Development Department the Condition Compliance review
deposit.
8. Capital Improvements and Facilities and Processing: Prior to the issuance of any
Zoning Clearance, the applicant shall submit to the Community Development
Department, capital improvement, development, and processing fees at the
current rate in effect. Said fees include, but are not limited to 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
City in its sole discretion so long as said fee is imposed on similarly situated
properties.
9. Parks: Prior to issuance of a Zoning Clearance for a building permit, the applicant
shall submit to the Community Development Department Park and Recreation
Fees of $0.50 per square foot of building area.
10. Tree and Landscape: Prior to or concurrently with the issuance of a building
permit the Tree and Landscape Fee shall be paid to the Building and Safety
Division. The fee shall be paid in accordance with City Council adopted Tree and
Landscape Fee requirements in effect at the time of building permit application.
11. Fire Protection Facilities: Prior to or concurrently with the issuance of a building
permit, current Fire Protection Facilities Fees shall be paid to the Building and
Safety Division. The fee shall be paid in accordance with City Council adopted
Fire Protection Facilities Fee requirements in effect at the time of building permit
application.
12. Library Facilities: Prior to or concurrently with the issuance of a building permit
the Library Facilities Fee shall be paid to the Building and Safety Division. The
fee shall be paid in accordance with City Council adopted Library Facilities Fee
requirements in effect at the time of building permit application.
13. Police Facilities: Prior to or concurrently with the issuance of a building permit the
Police Facilities Fee shall be paid to the Building and Safety Division. The fee
shall be paid in accordance with City Council adopted Police Facilities Fee
requirements in effect at the time of building permit application.
14. Traffic Systems Management: Prior to the issuance of a Zoning Clearance for
each building permit, the applicant shall submit to the Community Development
Oefa 0,�
Resolution No. PC -2008-
Page 8
Department the established Moorpark Traffic Systems Management (TSM) Fee
for the approved development consistent with adopted City policy for calculating
such fee.
15. Citywide Traffic: Prior to issuance of a Zoning Clearance for each building permit,
the applicant shall submit to the Community Development Department the
Citywide Traffic Fee. The fee shall be calculated per dwelling unit for residential
projects, or by use for commercial and industrial projects, based upon the
effective date of approval of the entitlement. Commencing on the first of the year
of this approval, and annually thereafter, the fee ($39,042.00 per acre) shall be
increased to reflect the change in the Caltrans Highway Bid Price (OR
Engineering News Record Construction Index) for the twelve (12) month period
available on December 31 of the preceding year ( "annual indexing "). In the
event there is a decrease in the referenced Index for any annual indexing, the
current amount of the fee shall remain until such time as the next subsequent
annual indexing which results in an increase. In the event the Bid Price Index
referred to above in this condition is discontinued or revised, such successor
index with which it is replaced shall be used in order to obtain substantially the
same result as would otherwise have been obtained if the Bid Price Index had
not been discontinued or revised.
16. Area of Contribution: Prior to the issuance of a Zoning Clearance for each
building permit, the applicant shall pay to the Community Development
Department the Area of Contribution (AOC) Fee for the area in which the project
is located. The fee shall be paid in accordance with City Council adopted AOC
fee requirements in effect at the time of building permit application.
17. Street Lighting Energy Costs: Prior to recordation of Final Map, or issuance of a
building permit, whichever occurs first the applicant shall pay to the Community
Development Department all energy costs associated with public street lighting
for a period of one year from the acceptance of the street improvements.
18. Schools: Prior to issuance of building permits for each building, the applicant
shall provide written proof to the Community Development Department that all
legally mandated school impact fees applicable at the time of issuance of a
building permit have been paid to the Moorpark Unified School District.
19. Art in Public Places: Prior to or concurrently with the issuance of a Zoning
Clearance for building permit, the applicant shall contribute to the Art in Public
Places Fund in the amount of one percent (1%) of the building valuation, to be
submitted to the Community Development Department. If the applicant is
required to provide a public art project on or off -site in lieu of contributing to the
Art in Public Places Fund the art work shall have a value corresponding to or
greater than the contribution, and shall be constructed prior to Final Occupancy
of the first building. All art shall require approval by the Arts Committee prior to
construction.
0000%17,;'
Resolution No. PC -2008-
Page 9
20. Electronic Conversion: In accordance with City policy, the applicant shall submit
to the Community Development Department, City Engineer and the Building and
Safety Division the City's electronic image conversion fee for
entitlement/condition compliance documents; Final Map/ engineering
improvement plans /permit documents; and building plans /permit documents,
respectively.
21. Storm Drain Discharge Maintenance Fee: Prior to or concurrently with the
issuance of a Zoning Clearance for building permit, the applicant shall pay to the
Community Development Department citywide Storm Drain Discharge
Maintenance Fee. The fee shall be paid in accordance with City Council adopted
Storm Drain Discharge Maintenance Fee requirements in effect at the time of
building permit application.
B. Please contact the PLANNING DIVISION for compliance with the following
conditions:
DEVELOPMENT REQUIREMENTS
22. Prior to the issuance of a certificate of occupancy for any building, the applicant
shall submit a Master Sign Program to the Planning Director for review and
approval. The Master Sign Program shall be designed to provide comprehensive
on -site sign arrangement and design consistent with the commercial /industrial
center architecture and the City's Sign Ordinance requirements.
23. For all flat roofed portions of buildings, a minimum eighteen inch (18 ") parapet
wall above the highest point of the flat roof shall be provided on all sides.
24. Exterior downspouts shall not be permitted unless designed as an integral part of
the overall architecture and approved by the city as part of the planned
development permit.
25. Ground - mounted equipment is preferred. Roof - mounted equipment that cannot
be ground- mounted may be approved by the Planning Director. In no event shall
roof - mounted equipment (vents, stacks, blowers, air conditioning equipment,
etc.) be allowed unless architecturally screened from view on all four sides and
painted to match the roof. All screening shall be maintained for the life of the
permit.
26. Roof - mounted equipment and other noise generation sources on -site shall be
attenuated to 45 decibels (dBA) or to the ambient noise level at the property line
measured at the time of the occupancy, whichever is greater. Prior to the
issuance of a Zoning Clearance for initial occupancy or any subsequent
occupancy, the Planning Director may request the submittal of a noise study for
review and approval. The noise study would need to show that the current project
attenuates all on -site noise generation sources to the required level or provide
recommendations as to how the project could be modified to comply. The noise
00(1!0�S
Resolution No. PC -2008-
Page 10
study must be prepared by a licensed acoustical engineer in accordance with
accepted engineering standards.
27. Any outdoor ground level equipment, facilities or storage areas including, but not
limited to loading docks, trash enclosures, cooling towers, generators, shall be
architecturally screened from view with masonry wall and /or landscaping as
determined by the Planning Director.
28. A utility room with common access to house all meters and the roof access
ladder shall be provided unless an alternative is approved by the Planning
Director.
29. No exterior access ladders of any kind to the roof shall be permitted.
30. Parking areas shall be developed and maintained in accordance with the
requirements of the Moorpark Municipal Code. All parking space and loading
bay striping shall be maintained so that it remains clearly visible during the life of
the development.
31. Prior to any re- striping of the parking area a Zoning Clearance shall be required.
All disabled parking spaces and paths of travel shall be re- striped and maintained
in their original approved locations unless new locations are approved by the
Planning Director.
32. All parking areas shall be surfaced with asphalt or concrete and shall include
adequate provisions for drainage, National Pollution Discharge Elimination
System (NPDES) compliance, striping and appropriate wheel blocks, curbs, or
posts in parking areas adjacent to landscaped areas. All parking and loading
areas shall be maintained at all times to insure safe access and use by
employees, public agencies and service vehicles.
33. The Building Plans shall be in substantial conformance to the plans approved
under this entitlement and shall specifically refiect the following:
a. Transformer and cross connection water control devices (subject to
approval by Ventura County Waterworks District No. 1) shall be shown on
the site plan and landscaping and irrigation plan and screened from street
view with masonry wall and /or landscaping as determined by the Planning
Director.
b. Bicycle racks or storage facilities, in quantities as required by the Planning
Director.
C. Required loading areas with forty -five foot (45') turning radii shall be
provided for loading zones consistent with the AASHO WB -50 design
vehicle and as required by the Planning Director. If drains from the
loading area are connected to the sewer system, they are subject to the
approval of Ventura County Waterworks District No. 1.
d. Final exterior building materials and paint colors shall be consistent with
the approved plans under this permit. Any changes to the building
006103
Resolution No. PC -2008-
Page 11
materials and paint colors are subject to the review and approval of the
Planning Director.
e. All exterior metal building surfaces, including roofing, shall be coated or
sealed with rust inhibitive paint to prevent corrosion and release of metal
contaminants into the storm drain system.
f. Trash disposal and recycling areas shall be provided in a location which
will not interfere with circulation, parking or access to the building. Exterior
trash areas and recycling bins shall use impermeable pavement, be
designed to have a cover and so that no other area drains into it, The
trash areas and recycling bins shall be depicted on the final construction
plans, the size of which shall be approved by the Planning Director, City
Engineer and the City's Solid Waste Management staff. When deemed
appropriate, drains from the disposal and recycling areas shall be
connected to the sewer system, and are subject to the approval of Ventura
County Waterworks District No. 1. Review and approval shall be
accomplished prior to the issuance of a Zoning Clearance for building
permit.
34. Prior to issuance of a Zoning Clearance for final building permit (occupancy), the
applicant shall install U.S. Postal Service approved mailboxes in accordance with
the requirements of the local Postmaster.
35. Any expansion, alteration or change in architectural elements requires prior
approval of the Planning Director. Those changes in architectural elements that
the Director determines would visible from abutting street(s) shall only be
allowed, if, in the judgment of the Planning Director such change is compatible
with the surrounding area. Any approval granted by the Director shall be
consistent with the approved Design Guidelines (if any) for the planned
development and applicable Zoning Code requirements.
36. When required by Title 15 of the Moorpark Municipal Code, rain gutters and
downspout shall be provided on all sides of the structure for all structures where
there is a directional roof flow. Water shall be conveyed to an appropriate
drainage system, consistent with NPDES requirements, as determined by the
City Engineer.
OPERATIONAL REQUIREMENTS
37. All uses and activities shall be conducted inside the building(s) unless otherwise
authorized by the Planning Director and consistent with applicable Zoning Code
provisions.
38. Prior to the issuance of a Zoning Clearance for any use which requires handling
of hazardous or potentially hazardous materials, the applicant shall provide proof
that he /she has obtained the necessary permits from Ventura County
Environmental Health Division. Should the Planning Director determine that a
00(1019
Resolution No. PC -2008-
Page 12
compatibility study is required; the applicant shall apply for a Modification to the
entitlement.
39. No noxious odors shall be generated from any use on the subject site.
40. Prior to the issuance of a Zoning Clearance for tenant occupancy, the
prospective tenant shall obtain a Business Registration Permit from the City of
Moorpark. All contractors doing work in Moorpark shall have or obtain a current
Business Registration Permit.
41. Prior to or concurrently with the issuance of a Zoning Clearance for occupancy of
any of the buildings, the applicant shall request that the City Council approve a
resolution to enforce Vehicle Codes on the subject property as permitted by the
Vehicle Code.
42. Prior to or concurrently with the issuance of a Zoning Clearance for a grading
permit, the applicant shall submit the construction phasing plan for approval by
the Planning Director and City Engineer. Phasing shall avoid, to the extent
possible, construction traffic impacts to existing adjacent residential, commercial
and industrial areas, if any.
43. Prior to issuance of Zoning Clearance for the first building permit, the applicant
shall submit a Waste Reduction and Recycling Plan to the City's Solid Waste
Management staff and the Planning Director for review and approval. The Plan
shall include a designated building manager, who is responsible for initiating on-
site waste materials recycling programs, including acquiring storage bins for the
separation of recyclable materials and coordination and maintenance of a
curbside pickup schedule.
44. The building manager or designee shall be required to conduct a routine on -site
waste management education program to educating and alerting employees
and /or residents to any new developments or requirements for solid waste
management. This condition shall be coordinated through the City's Solid Waste
Management staff.
LANDSCAPING, LIGHTING AND MAINTENANCE REQUIREMENTS
45. Prior to the issuance of a Zoning Clearance for building permits the applicant
shall submit to the Planning Director for review and approval, with the required
deposit, three full sets of Landscaping and Irrigation Plans prepared by a
licensed landscape architect and drawn on a plan that reflects final grading
configuration, in conformance with the City of Moorpark Landscape Standards
and Guidelines, policies and NPDES requirements; including, but not limited to,
all specifications and details and a maintenance plan. Fences and walls shall be
shown on the Landscape and Irrigation Plans, including connection, at the
applicant's expense, of property line walls with existing fences and or walls on
any adjacent residential, commercial or industrial properties. The plan shall
maintain proper vehicle sight distances subject to the review of the City Engineer,
and encompass all required planting areas consistent with these Conditions of
000 W I
Resolution No. PC -2008-
Page 13
Approval. Review by the City's Landscape Architect Consultant and City
Engineer, and approval by the Planning Director prior to issuance of a Zoning
Clearance for building permit, is required.
46. Prior to or concurrently with the submittal of the landscape and irrigation plan, a
lighting plan, along with required deposit, shall be submitted to the Planning
Director for review and approval. The lighting plan, prepared by an electrical
engineer registered in the State of California, shall be in conformance with the
Moorpark Municipal Code.
47. Tree pruning, consisting of trimming to limit the height and /or width of tree
canopy and resulting in a reduction of required shade coverage for the parking lot
area, is prohibited and will be considered a violation of the Conditions of
Approval.
48. When available, use of reclaimed water shall be required for landscape areas
subject to the approval of the Planning Director, the City Engineer and Ventura
County Waterworks District No. 1.
49. Landscaped areas shall be designed with efficient irrigation to reduce runoff and
promote surface filtration and minimize the use of fertilizers and pesticides, which
can contribute to urban runoff pollution. Parking and associated drive areas with
five (5) or more spaces shall be designed to minimize degradation of storm water
quality. Best Management Practice landscaped areas for infiltration and
biological remediation or approved equals, shall be installed to intercept and
effectively prohibit pollutants from discharging to the storm drain system. The
design shall be submitted to the Planning Director and City Engineer for review
and approval prior to the issuance of a building permit.
50. All landscaping shall be maintained in a healthy and thriving condition, free of
weeds, litter and debris.
51. Prior to the issuance of Zoning Clearance for occupancy all fences /walls along lot
boundaries shall be in place, unless an alternative installation is approved by the
Planning Director.
C. Please contact the ENGINEERING DEPARTMENT for compliance with the
following conditions:
GENERAL
52. Grading, drainage and improvement plans and supporting reports and
calculations shall be prepared in conformance with the "Land Development
Manual" and "Road Standards" as promulgated by Ventura County; "Hydrology
Manual" and "Design Manual" as promulgated by Ventura County Watershed
Protection District; "Standard Specifications for Public Works Construction" as
published by BNI (except for signs, traffic signals and appurtenances thereto; for
signs, traffic signals and appurtenances thereto, the provisions of Chapter 56 for
signs and Chapter 86 for traffic signals, and appurtenances thereto, of the
Resolution No. PC -2008-
Page 14
"Standard Specifications," most recent edition, including revisions and errata
thereto, as published by the State of California Department of Transportation);
"Engineering Policies and Standards" of the City of Moorpark, "Policy of
Geometric Design of Highways and Streets," most recent edition, as published by
the American Association of State Highway and Transportation Officials. In the
case of conflict between the standards, specifications and design manuals listed
above, the criteria that provide the higher lever of quality and safety shall prevail.
Any standard specification or design criteria that conflicts with a Standard or
Special Condition of Approval of this project shall be modified to conform with the
Standard or Special Condition to the satisfaction of the City Engineer.
53. The applicant and /or property owner shall provide verification to the City
Engineer that all on -site storm drains have been cleaned at least twice a year,
once immediately prior to October 1st (the rainy season) and once in January.
The City Engineer may require additional cleaning depending upon site and
weather conditions.
54. All paved surfaces; including, but not limited to, the parking area and aisles,
drive - through lanes, on -site walkways shall be maintained free of litter /debris.
Walkways, parking areas and aisles and drive - through lanes shall be swept,
washed or vacuumed regularly. When swept or washed, debris shall be trapped
and collected to prevent entry to the storm drain system in accordance with
NPDES requirements.
55. Prior to improvement plan approval the applicant shall obtain the written approval
on the improvement plans Mylar® sheets for the location of fire hydrants by the
Ventura County Fire Prevention Division. (Water and Sewer improvements plans
shall be submitted to Ventura County Waterworks District No. 1 for approval.)
56. Prior to any work being conducted within any State, County, or City right of way,
the applicant shall obtain all necessary encroachment permits from the
appropriate agencies and provide copies of these approved permits and the
plans associated with the permits to the City Engineer.
57. Reactive organic compounds, Nitrogen oxides (ozone /smog precursor), and
particulate matter (aerosols /dust) generated during construction operations shall
be minimized in accordance with the City of Moorpark standards and the
standards of the Ventura County Air Pollution Control District (APCD). When an
air pollution Health Advisory has been issued, construction equipment operations
(including but not limited to grading, excavating, earthmoving, trenching, material
hauling, and roadway construction) and related activities shall cease in order to
minimize associated air pollutant emissions.
58. The applicant shall comply with Chapters 9.28, 10.04, 12.24, 17.53 of the
Moorpark Municipal Code standard requirements for construction noise
reduction.
59. The applicant shall utilize all prudent and reasonable measures (including
installation of a 6 -foot high chain link fence around the construction sites or
0 O()04
Resolution No. PC -2008-
Page 15
provision of a full time licensed security guard) to prevent unauthorized persons
from entering the work site at any time and to protect the public from accidents
and injury.
60. The applicant shall post in a conspicuous location the construction hour limitation
and make each construction trade aware of the construction hour limitations.
GRADING
61. Prior to the issuance of a grading permit (should an early grading agreement be
approved for this project) or prior to Final Map the applicant shall post sufficient
surety, in a form acceptable to the City Engineer, guaranteeing completion of all
onsite and offsite improvements required by these Conditions of Approval or the
Municipal Code including, but not limited to grading, street improvements, storm
drain improvements, temporary and permanent Best Management Practice
(BMP) for the control of non -point water discharges, landscaping, fencing, and
bridges. Grading and improvements shall be designed, bonded and constructed
as a single project.
62. Prior to the issuance of a grading permit (should an early grading agreement be
approved for this project) or prior to Final Map, whichever occurs first, the
applicant shall provide written proof to the City Engineer that any and all wells
that may exist or have existed within the project have been properly sealed or
have been destroyed or abandoned per Ventura County Ordinance No. 2372 or
Ordinance No. 3991 and per Division of Oil and Gas requirements.
PUBLIC AND PRIVATE STREETS
63. Prior to construction of any public improvement the applicant shall submit to the
City Engineer, for review and approval, street improvement plans prepared by a
California Registered Civil Engineer, enter into an agreement with the City of
Moorpark to complete public improvements and post sufficient surety
guaranteeing the construction of all improvements. Unless specifically noted in
these Standard Conditions or Special Conditions of Approval.
64. Prior to issuance of the first building permit all existing and proposed utilities that
are less than 67Kv shall be under - grounded as approved by the City Engineer.
DRAINAGE AND HYDROLOGY
65. For a 10 -year frequency storm, local, residential and private streets shall be
designed to have one dry travel lane available on interior residential streets.
Collector streets shall be designed to have a minimum of one dry travel lane in
each direction.
66. Drainage and improvement plans shall be designed so that after - development,
drainage to adjacent parcels would not be increased above pre - development
drainage quantities for any stormwater model between and including the 10 year
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Resolution No. PC -2008-
Page 16
and 100 year storms, nor will surface runoff be concentrated by this project.
Acceptance of storm drain waters by the project and discharge of storm drain
waters from the project shall be in type, kind and nature of predevelopment flows
unless the affected upstream and /or downstream owners provide permanent
easement to accept such changed storm drainage water flow. All drainage
measures necessary to mitigate stormwater flows shall be provided to the
satisfaction of the City Engineer. The applicant shall make any on -site and
downstream improvements, required by the City, to support the proposed
development.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM ( NPDES
67. The applicant shall submit to the City Engineer a Stormwater Pollution Control
Plan (SWPCP) and a Stormwater Pollution Prevention Plan (SWPPP) in
accordance with requirements of the Ventura Countywide Stormwater Quality
Management Program, Technical Guidance Manual for Stormwater Quality
Control Measures, NPDES Permit No. CAS004002. The Plans shall identify
potential pollutant sources that may affect the quality of discharges to stormwater
and shall include the design and placement of recommended Best Management
Practice (BMP) to effectively prohibit the entry of pollutants from the construction
site into the storm drain system streets and water courses. The Plans shall be
implemented as part of the grading, improvements and development of the
project.
68. Prior to the issuance of any construction /grading permit and /or the
commencement of any clearing, grading or excavation, the applicant shall submit
a Notice of Intent (NOI) to the California State Water Resources Control Board,
Stormwater Permit Unit in accordance with the NPDES Construction General
Permit (No. CASQ00002): Waste Discharge Requirements for Discharges of
Stormwater Runoff Associated with Construction Activities). The applicant shall
also provide a copy of the Notice of Intent (NOI) to the City Engineer as proof of
permit application. The improvement plans and grading plans shall contain the
WDID number for the project.
69. Prior to the starting of grading or any ground disturbance the applicant shall
identify a qualified superintendent for NPDES compliance. The NPDES
superintendent shall be present, on the project site Monday through Friday and
on all other days when the probability of rain is 40% or higher and prior to the
start of and during all grading or clearing operations until the release of grading
bonds. The NPDES superintendent shall have full authority to rent equipment
and purchase materials to the extent needed to effectuate Best Management
Practice. The NPDES superintendent shall provide proof of attendance and
satisfactory completion of courses satisfactory to the City Engineer totaling no
less than 8 hours directed specifically to NPDES compliance and effective use of
Best Management Practice. In addition, an NPDES superintendent shall be
OCCO4 7
Resolution No. PC -2008-
Page 17
designated to assume NPDES compliance during the construction of streets,
storm drainage systems, all utilities, buildings and final landscaping of the site.
D. Please contact the BUILDING DIVISION for compliance with the following
conditions:
70. Prior to the issuance of a Building Permit, the applicant shall provide written proof
that an "Unconditional Will Serve Letter" for water and sewer service has been
obtained from the Ventura County Waterworks District No. 1.
E. Please contact the VENTURA COUNTY AIR POLLUTION CONTROL
DISTRICT for compliance with the following conditions:
71. Prior to issuance of a Zoning Clearance for building permit, a Ventura County Air
Pollution Control District (APCD) "Authority to Construct" shall be obtained for all
equipment subject to APCD Permit (see APCD Questionnaire, AB3205). Final
Certificate of Occupancy shall not be granted until compliance with all applicable
APCD Rules & Regulations has been satisfactorily demonstrated.
72. Facilities shall be operated in accordance with the Rules and Regulations of the
Ventura County Air Pollution Control District, with emphasis on Rule 51,
Nuisance. Rule 51 states: "A person shall not discharge from any source
whatsoever such quantities of air contaminants or other material which cause
injury, detriment, nuisance or annoyance to any considerable number of persons
or to the public or which endangers the comfort, repose, health or safety of any
such persons or the public or which cause or have a natural tendency to cause
injury or damage to business or property."
F. Please contact the VENTURA COUNTY FIRE PROTECTION DISTRICT for
compliance with the following conditions:
GENERAL
73. Prior to combustible construction, an all weather access road /driveway and the
first lift of the access road pavement shall be installed. Once combustible
construction starts a minimum twenty foot (20) clear width access road /driveway
shall remain free of obstruction during any construction activities within the
development. All access roads /driveways shall have a minimum vertical
clearance of thirteen feet -six inches (13' -6 ") and a minimum outside turning
radius of forty feet (40').
74. Approved turnaround areas for fire apparatus shall be provided when dead -end
Fire District access roads /driveways exceed 150 -feet. Turnaround areas shall not
exceed a five percent (5 %) cross slope in any direction and shall be located
within one - hundred -fifty feet (150) of the end of the access road /driveway.
75. The access road /driveway shall be extended to within one - hundred -fifty feet
(150) of all portions of the exterior wall of the first story of any building and shall
Resolution No. PC -2008-
Page 18
be in accordance with Fire District access standards. Where the access roadway
cannot be provided, approved fire protection system or systems shall be installed
as required and acceptable to the Fire District.
76. When only one (1) access point is provided, the maximum length shall not
exceed eight- hundred feet (800').
77. Public and private roads shall be named if serving more than four (4) parcels or
as required by the Fire District.
78. Approved walkways shall be provided from all building openings to the public
way or Fire District access road /driveway.
79. Structures exceeding three stories or forty -eight feet (48') in height shall meet
current VCFPD Ordinance for building requirements. Structures exceeding
seventy -five feet (75') in height shall be subject to Fire District high rise building
requirements.
80. Structures greater than 5,000 square feet and /or five (5) miles from a fire station
shall be provided with an automatic fire sprinkler system in accordance with
current Ventura County Fire Protection District Ordinance.
81. Commercial trash dumpsters and containers with an individual capacity of 1.5
cubic yards or greater shall not be stored or placed within five feet (5') of
openings, combustible walls, or combustible roof eave lines unless protected by
approved automatic sprinklers.
DEVELOPMENT REQUIREMENTS
82. Prior to the issuance of a certificate of occupancy by the Building Division the
applicant shall submit a plan to the Fire District for review and approval indicating
the method by which this project will be addressed.
83. Minimum six -inch (6 ") high address numbers shall be installed prior to
occupancy, shall be contrasting color to the background, and shall be readily
visible at night Brass or gold plated number shall not be used. Where structures
are set back more that one - hundred -fifty feet (150') from the street, larger
numbers will be required so that they are distinguishable from the street. In the
event a structure(s) is(are) not visible from the street, the address numbers(s)
shall be posted adjacent to the driveway entrance on an elevated post.
84. Prior to combustible construction, fire hydrants shall be installed to the minimum
standards of the City of Moorpark and the Fire District, and shall be in service.
85. Prior to occupancy of any structure, blue reflective hydrant location markers shall
be placed on the access roads in accordance with Fire District standards. If the
final asphalt cap is not in place at time of occupancy, hydrant location markers
shall still be installed and shall be replaced when the final asphalt cap is
completed.
00C910 _11 -.Pl
Resolution No. PC -2008-
Page 19
86. Prior to the issuance of a building permit, building plans for all A, E, H, I, R -1 and
R -2 Occupancies shall be submitted, with payment for plan check, to the Fire
District for review and approval. Prior to issuance of a building permit the
applicant shall submit a phasing plan and two (2) site plans (for the review and
approval of the location of fire lanes) to the Fire District.
87. Prior to occupancy, the fire lanes shall be posted "NO PARKING FIRE LANE
TOW- AWAY" in accordance with California Vehicle Code and the Fire District.
88. Prior to or concurrently with the issuance of a building permit, the applicant shall
submit plans to the Fire District showing the location of the existing hydrants
within three - hundred feet (300') of the proposed project and showing the location,
type and number of proposed hydrants, and the size of the outlets. Fire
hydrant(s) shall be provided in accordance with current adopted edition of the
Uniform Fire Code, Appendix 111 -B and adopted amendments. On -site fire
hydrants may be required as determined by the Fire District. Fire hydrants, if
required, shall be installed and in service prior to combustible construction and
shall conform to the minimum standard of the Ventura County Waterworks
Manual and the Fire District.
89. Prior to installation of any fire protection system; including, but not limited to
sprinklers, dry chemical, hood systems, the applicant shall submit plans, along
with the required fee for plan check, to the Fire District for review and approval.
Fire sprinkler systems with one - hundred (100) or more heads shall be supervised
by a fire alarm system in accordance with Fire District requirements.
90. Prior to installation of the fire alarm system (if required), the applicant shall
submit plans, along with the required fee for plan check, to the Fire District for.
review and approval. The fire alarm system shall be installed in all buildings in
accordance with California Building and Fire Code.
91. Prior to the issuance of a certificate of occupancy by the Building Division, the
applicant shall obtain all applicable Uniform Fire Code (UFC) permits.
92. Prior to the issuance of a building permit, the applicant shall obtain a copy of
Ventura County Fire District Form No. 126 "Requirements for Construction."
93. Prior to the issuance of a certificate of occupancy by the Building Division, the
applicant shall install fire extinguishers in accordance with the Uniform Fire Code.
The placement of extinguishers shall be subject to review and approval by the
Fire District.
94. Prior to framing, the applicant shall clear for a distance of one hundred feet all
grass or brush exposing any structure(s) to fire hazards.
G. Please contact the VENTURA COUNTY WATERWORKS DISTRICT NO. 1 for
compliance with the following conditions:
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Resolution No. PC -2008-
Page 20
95. The applicant shall comply with the applicable provisions of Ventura County
Waterworks District No. 1 standard procedures for obtaining domestic water and
sewer services for applicant's projects within the District.
96. Prior to issuance of a building permit, provide Ventura County Waterworks
District:
a. Water and sewer improvement plans in the format required.
b. Hydraulic analysis by a registered Civil Engineer to determine the
adequacy of the proposed and existing water and sewer lines.
C. Copy of approval of fire hydrant locations by Ventura County Fire
Protection District.
d. Copy of District Release and Receipt from Calleguas Municipal Water
District.
e. Cost estimates for water and sewer improvements.
f. Plan check, construction inspection, capital improvement charge, sewer
connection fee and water meter charge.
g. Signed Contract to install all improvements and a Surety Bond.
97. At the time water service connection is made, cross connection control devices
shall be installed on the water system in a manner approved by the Ventura
County Waterworks District No. 1.
H. Please contact the VENTURA COUNTY WATERSHED PROTECTION
DISTRICT for compliance with the following conditions:
98. Direct storm drain connections to Ventura County Flood Control District facilities
are subject to Ventura County Watershed Protection District permit requirements.
I. Please contact the POLICE DEPARTMENT for compliance with the
following condition:
99. Prior to initiation of the building plan check process for the project, the applicant
shall submit plans in sufficient detail to the Police Department for review and
approval of defensible space concepts to reduce demands on police services. To
the degree feasible and to the satisfaction of the Planning Director and the Police
Chief, public safety planning recommendations shall be incorporated into the
project plans. The applicant shall prepare a list of project features and design
components that demonstrate responsiveness to defensible space design
concepts.
- END -
ITEM: 9.A.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: David A. Bobardt, Planning Director
DATE: February 20, 2008 (PC Meeting of 2/26/2008)
SUBJECT: Consider Resolution Adopting Revised Rules of Procedure for
Commission Meetings and Related Functions and Activities, and
Rescinding Resolution No. PC- 2006 -507
BACKGROUND /DISCUSSION
On July 25, 2006, the Planning Commission adopted its current Rules of Procedure for
Planning Commission Meetings. These Rules of Procedure address issues unique to
the Planning Commission, deferring to Roberts Rules of Order, Newly Revised, for
general parliamentary procedures. One issue not specifically addressed in the Rules of
Procedure that has recently come to staff's attention is the voting on Resolutions. State
law requires an affirmative vote of the majority of the total membership to adopt a
Resolution. Roberts Rules provide that a motion is carried by a vote of the majority of
the quorum. To provide clarify on this matter, staff is recommending that the Planning
Commission Rules of Procedure be amended by adding a specific rule (Draft Rule 8.6)
indicating that the adoption of a resolution requires 3 affirmative votes. Rule 8.5 on tie
votes is also recommended to be amended for consistency with this proposed new rule.
STAFF RECOMMENDATION
Adopt Resolution No. PC -2008- amending Rules of Procedure for Commission
Meetings and Related Functions and Activities, and rescinding Resolution No. PC -2006-
507.
ATTACHMENT:
1. Draft Resolution in legislative format.
\\mor_pri_serOCity Share \Community Development \COMMISSIOMP C POLICIES \agenda reports\2008 \pc 08_0226 rules.doc
0O(�4 jI. "�
RESOLUTION NO. PC -2008-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF MOORPARK, CALIFORNIA, ADOPTING REVISED RULES OF
PROCEDURE FOR COMMISSION MEETINGS AND RELATED
FUNCTIONS AND ACTIVITIES, AND RESCINDING RESOLUTION
NO. PC- 2006 -507
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 Procedure that are consistent with
those as adopted by the City Council.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Revised Rules of Procedure for Planning Commission Meetings
and Related Functions and Activities are hereby adopted, to read as follows:
1 GENERAL PROVISIONS
1.1 Purpose:
The purpose and intent of the Commission in adopting the rules within 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.
2. ORDER OF BUSINESS
2.1 A ends:
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:
PC ATTACHMENT 1 00(10r:.�
Resolution No. PC -2008-
Page 2
1. Call to Order
2. Pledge of Allegiance
3. Roll Call
4. Proclamations and Commendations
5. Public Comments
6. Reordering of, and Additions to, the Agenda
(Items to be pulled from the Consent Calendar shall be identified under this
section.)
7. Announcements, Future Agenda Items
Meetings /Conferences Attended by the Commission
8. Public Hearings
9. Presentations /Action /Discussion
10. Consent Calendar
11. Adjournment
2.2 Prioritv Notation on Agenda:
and Reports on
Presentations /Action /Discussion items, which are judged by the Community
Development Director to be of high priority, shall be indicated by an asterisk.
2.3 Special Meeting Agenda Format:
The order of business of special meeting agendas shall generally be consistent
with the order of business of regular meeting agendas, although not all regular items of
business must be included. Public Comments shall be included on all special meeting
agendas.
2.4 Delivery of Agenda Packet:
Barring insurmountable difficulties, the Agenda for regular meetings shall be
delivered ordinarily to Commissioners on or before each Thursday preceding the meeting
to which it pertains.
Resolution No. PC -2008-
Page 3
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.
2.5 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.
2.6 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.
2.7 Proclamations and Commendations
Proclamations and Commendations shall be limited to regular Commission
meetings.
2.8 Public Comments:
Any member of the public may address the Commission on any item within the
subject matter jurisdiction of the Commission which is not listed on the Agenda as a
Public Hearing or Presentations /Action /Discussion item. Speakers will be heard in the
order that their speaker cards are received by the Records Secretary. All speaker cards
for Public Comments must be received prior to the Chair's call for speaker cards for the
Public Comments agenda item. A limitation of 3 minutes shall be imposed upon each
speaker. 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. No speaker will be allowed to speak after all speaker cards are called. By
majority vote of the Commission present and voting, the number of speakers and time
permitted for comments may 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
00(�0r
Resolution No. PC -2008-
Page 4
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.
2.9 Reordering of and Additions to the Agenda:
__ _.._ ,CSCn� ana v011n items ma
not be taken out of order.
At this time, Commissioners, the Community Development Director, Planning
Manager or Records Secretary may request that any item on the Consent Calendar be
withdrawn for separate consideration. Items withdrawn from the Consent Calendar shall
be considered immediately after action on the balance of the Consent Calendar in the
order that they were withdrawn.
Any Commissioner, the Community Development Director, the Planning Manager
or the Records Secretary may bring to the attention of the Commission new items of
business for discussion and action in the event of an emergency situation or when the
need to take immediate action comes to the attention of the City subsequent to the
posting of the agenda, as specified in Government Code Section 54954.2. A two- thirds
vote of the Commission, or, if less than two- thirds are present, a unanimous vote of those
who are present, is required to add an item to the agenda.
In addition to having the opportunity to reorder the agenda as order of business
number 6, the Chair shall suspend the item under discussion at 10:30 p.m. in order that
the agenda may be reordered by majority vote of the Commissioners present and voting.
The Records Secretary will notify the Chair that the time for reordering the agenda has
arrived.
2.10 Announcements Future A enda Items and Re orts on Meetin s /Conferences
Attended b Commissioners and Chair:
At this time, Commissioners and the Chair may make an announcement, request
to have an item placed on a future agenda, and provide a brief report on meetings
attended at City expense in compliance with Section 53232.3(d) of the Government
Code.
®OO)aIr- A
Resolution No. PC -2008-
Page 5
2.11 Public Hearings:
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. A limitation of five (5) minutes shall be imposed upon each speaker at the initial
public hearing. 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 a continued public
hearing, limit testimony, but in no event to less than 3 minutes per individual. All speaker
cards for a public hearing must be presented to the Records Secretary by the person
wishing to speak prior to the opening of the public hearing by the Chair or beginning of
public testimony at a continued open public hearing. The passing of time from one
speaker to another or speaking in place of another speaker is not allowed.
Resolution No. PC -2008-
Page 6
An applicant's initial presentation shall be limited to twenty (20) minutes, with
consultant participation. 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
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 total number of written
statement cards received in favor of or in opposition to an item shall be recorded in the
minutes of the meeting and the written statement cards will become a part of the official
record.
2.12 Presentations /Action /Discussion Items:
Items that involve the consideration of city policy and items of a non - routine nature
shall be placed under this topic.
Presentations to the Commission by other public agencies or groups and
appointments will be listed first under the Presentations /Action /Discussion heading.
Continued Presentations /Action /Discussion items will appear in the order they previously
appeared, following presentations and appointments.
Discussion /Action items shall be conducted in the following order:
Staff Report
Questions of Staff by Commission
Testimony by Applicant
Public Comment
Discussion by Commission
Action by Commission
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. Speakers will be heard in the order that their speaker cards are received by the
Records Secretary for the item during which the speaker wishes to address the
Commission. However, a proponent/applicant may be heard first during the public
comment for a Presentations /Action /Discussion item, if so determined by the Chair, but
00.kj"
Resolution No. PC -2008-
Page 7
no rebuttal by the proponent/applicant shall be allowed. All speaker cards for each
agenda item must be received prior to the Chair's announcement of the public comment
for each Presentations /Action /Discussion item and call for speaker cards. A limitation of
three (3) minutes shall be imposed upon each speaker. Speaker cards must be
presented to the Records Secretary 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.
Written statement cards may be submitted in lieu of addressing the Commission.
The number of cards received in favor of or in opposition to an item being considered will
be verbally reported to the Commission by the Records Secretary following the last public
speaker for an item. The total number of written statement cards received in favor of or in
opposition to an item will be recorded in the minutes of the meeting, and the written
statement cards will become a part of the official record.
2.13 Consent Calendar:
Minutes of previous Planning 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.
Prior to a motion on the Consent Calendar, any Commissioner may request that
any item be withdrawn from the Consent Calendar for individual consideration. Items
withdrawn from the Consent Calendar shall be considered immediately after action on the
Consent Calendar in the order that they were withdrawn, including any items requested to
be withdrawn under Section 2.9 (Reordering of, and Additions to, the Agenda).
2.14 Adiournment:
It is the policy of the Planning Commission that upon reaching 12:00 midnight, the
Planning Commission will not address any new agenda items. Should the Planning
Commission decide to continue to address an in- progress non - closed session agenda
item past 12:00 midnight, the following motion is in order:
Move that the Planning Commission meeting tonight may extend beyond the 12:00
midnight deadline to conclude the item in progress.
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 2.6 (Call to Order). At its first regular meeting of the
Resolution No. PC -2008-
Page 8
year, the Commission shall elect a Chair and Vice -Chair from among the appointed
members, to serve for that year. 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 year 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:
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 ?"
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.
0 0 C G
Resolution No. PC -2008-
Page 9
(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 order while he /she is speaking shall cease
speaking immediately until the question of order is determined. If ruled to be in order
he /she shall be permitted to proceed. If ruled out of order he /she shall remain silent or
shall alter his /her remarks so as to comply with the rules.
(e) Commissioners shall accord the utmost courtesy to each other, to City
employees, and to the public appearing before the 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...."
0 O�:ti v::
Resolution No. PC -2008-
Page 10
4.4 Conflict of Interest:
Section 87105 of the Government Code describes the procedure to be followed if
an official has a conflict of interest on a matter and cannot participate in a decision.
Section 87105 shall apply to the Planning Commission. The official must publicly identify
the financial interest (not including the address of a personal residence), recuse himself
or herself from voting, and leave the room until after the discussion, vote and other
disposition of the matter is concluded. If the matter is on the consent calendar, the official
need not leave the room, but must still make the required disclosure on the record and
abstain from voting. The official also may speak on the issue as a member of the general
public, during the public comment period on that matter, solely to represent himself or
herself on a matter related to his or her personal interest. Section 87105 of the
Government Code, any statutes amendatory or supplementary thereto, and any
applicable regulations of the California Fair Political Practices Commission are hereby
incorporated by reference.
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.
(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.
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.
oorpor l
Resolution No. PC -2008-
Page 11
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. After being recognized by the Presiding Officer, any member of the
public desiring to address the Commission shall proceed to the podium. The speaker
shall state his /her name for the record. All remarks and questions shall be addressed to
the Presiding Officer 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.
(c) A speaker that verbally complains about an employee of the City, or any
employee of a private firm or public agency providing a contract service to the City, will be
directed to contact the city's Human Resources /Risk Management Division for assistance
in documenting and resolving their complaint..
(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.
6.4 Video, Audiotane PowerPoint Slide or Similar Presentation.
Video, audiotape, PowerPoint, slide or similar presentation will be disallowed unless
relative to an item on the agenda, and the Records Secretary has been provided with no
00()0c�
Resolution No. PC -2008-
Page 12
less than 24 -hours notice of the video, audiotape, PowerPoint, slide or similar
presentation, and has determined the City has the appropriate equipment to view and
broadcast the presentation. The video, audiotape, PowerPoint, slide or similar
presentation must be made by the person or agency making the presentation. The
Commission may limit the total amount of time allocated for presentations or particular
issues and for each speaker. The same limitations that govern speakers under Sections
2.8, 2.11 and 2.12shall apply. Presentations shall be limited to the subject matter
jurisdiction of the Commission. Those items not germane to the agenda will be
disallowed.
7. MOTIONS
7.1 Processing 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)
To Table
To Limit Discussion (2/3 vote)
Cannot
be
Amended
Q,epelf"',
Resolution No. PC -2008-
Page 13
To Call the Question (2/3 vote) )
To Suspend the Rules (2/3 vote) )
Debatable:
To Postpone to a Certain Time )
To Commit or Refer to Committee ) Can be
To Amend
To Postpone Indefinitely
) Amended
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
0016063
Resolution No. PC -2008-
Page 14
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 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 for Reconsideration:
Any Commissioner who voted with the majority may move a reconsideration of any
Resolution No. PC -2008-
Page 15
vote at the same meeting or request an agenda item on at the next regular meeting or
request a special meeting called to be held prior to the next regular meeting to consider
reconsideration of any vote. The agenda item shall appear on
Presentation /Action /Discussion as a two -part item, e.g.:..
Consider Reconsideration of
Reconsideration of vote on
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
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 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. 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 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.
00(por �.
Resolution No. PC -2008-
Page 16
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:
A tie vote
is considered a defeat of the motion.
absent shall be deemed to ha 3ed to the meteen and-4he PAGtOGR 6hali be
if a tie vote re6ult6 at a time when le6s than all membe% of the GGMMiG6iGR aFe
8.6 Required Minimum Votes on a Resolution:
A motion by the Commission to adopt a resolution requires a minimum of three (3)
affirmative votes to be carried.
9. RESOLUTIONS
9.1 Definition:
Routine business and administrative matters (usually more temporary and
transitory in nature) are accomplished by "resolution," "minute order" or "motion"
(thereafter recorded by minute entry). Technically, all three are equally as legally
effective and binding; they just vary in the formality of respective memorial ization. The
most formal is referred to as a "resolution," which will be recorded by a separate
document, numbered in sequence and preserved in a separate set of books, in addition
to being referenced in the minutes. Such "resolutions" are used for various reasons, such
as when specifically required by law, when needed as a separate evidentiary document to
be transmitted to another governmental agency, or where the frequency or future
reference back to its contents warrants a separate document. The "motion" or "minute
order" is a Commission action which is recorded simply by an item entry in the minutes of
the meeting at which it was accomplished, and no separate document is made to
memorialize it. The Records Secretary is empowered by State law to furnish certified
excerpts of the minutes in order to facilitate the administrative process to which a
particular action pertains.
O0f)0C'r
Resolution No. PC -2008-
Page 17
9.2 When Prepared in Advance:
When a resolution has been PreDared in advance it need not be read in full or b
title, except to identify it. A majority vote of the Commission present and voting will
require that the resolution be read in full.
9.3 When Not Prepared in Advance:
When a resolution has not been prepared in advance, the Commission, by
majority vote of the members present and voting, shall instruct the Director of
Community Development to prepare it for presentation at a specified later time in
the same meeting or at a future Commission meeting.
9.4 Urgency Resolutions:
A resolution may be presented verbally in motion form, together with instructions
for written preparation for later execution, in an emergency situation or when the need to
take immediate action came to the attention of the City subsequent to the posting of the
agenda, as specified in Government Code Section 54954.2. A two- thirds vote of the
Commission, or, if less than two- thirds are present, a unanimous vote of those who are
present, is required to add a resolution to the agenda. Such resolutions shall not be
presented when resolutions are required by law, in improvement acts, zoning matters, or
force account work on public projects.
10. COMMUNICATIONS
10.1 Addressed to Commission as a Whole:
The Community Development Director 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 Commission action, may be
disposed of between Commission meetings. The Community Development Director or
his /her designee shall cause a copy of such communication to be sent to each
Commissioner.
10.2 All Other Written Communications:
Any written communication, including e- mails, received at City Hall addressed to
the Chair and /or an individual Commissioner shall be opened by the Community
Development Director or his /her designee. A copy of such communication shall be
provided to each of the other Commissioners, unless such communication is personal
and /or confidential and not related to the business of the City.
Resolution No. PC -2008-
Page 18
Any Commissioner who receives any written communication, including e- mails, on
any subject related to the business of the City, 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.
All outgoing Planning Commissioner correspondence will be copied to the
Commission reading file unless the Commission is listed as receiving a copy, in which
case each Commissioner will be provided an individual copy. Any Commissioner who
generates any written communication related to the business of the City, other than at
City Hall, shall cause a copy to be provided to the Community Development Director for
distribution. Letters produced by city staff for Planning Commissioners will be created on
official city letterhead, only.
10.3 Agenda Item Communications:
Any such communication which relates to an item pending or to be brought before
the Commission and has been received prior to agenda distribution, 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. If a Commissioner generates an agenda
item, the Commissioner will prepare a brief, written explanation including
action /recommendation to the full Commission or provide direction to the Community
Development Director for preparation of agenda report. All agenda staff reports will be
provided to the full Commission with the distribution of the agenda. Agenda item
communications (including e- mails) received from the public after agenda distribution will
be forwarded to the Commission by the Records Secretary by e-mail or regular mail
delivery up until the close of the business day prior to the Planning Commission meeting.
The Planning Commission will be informed during the staff presentation at the
Commission meeting of agenda item communications received from the public, including
a project applicant, on the day of the meeting. Regardless of the source, it will take a four -
fifth's majority vote (four affirmative votes) of the Commission to accept additional agenda
material on the day of the Commission meeting at which the item is to be considered.
All materials distributed by any person during a public meeting related to the
subject matter being discussed or considered will be made available for public inspection
at the meeting if prepared by City staff or a member of the Commission, or after the
meeting, if the materials were prepared by some other person in accordance with Section
54957.5(b) of the Brown Act. To avoid a Ralph M. Brown Act violation, Planning
Commissioners should not read or send e-mail or cellular telephone text messages
during a Commission meeting.
Resolution No. PC -2008-
Page 19
Written communication for a non - public hearing agenda item presented at the
meeting for reading will be acknowledged by the Community Development Director, but
not read. The Community Development Director will note general content, and whether
the content of the communication is in opposition or support of an agenda item
Written communication relative to a public hearing item, if presented prior to the
close of the business day prior to the Commission meeting, will be copies for the
Commission, applicant, and the public agenda binder.
The public shall tender a written request to the Community Development Director
and /or the Chair regarding the placement on the agenda of any items. The Community
Development Director and Chair will then discuss and determine the appropriateness of
the requested item being placed on a future agenda.
Letters of appeal from administrative or commission decisions shall be processed
under the applicable provisions of the Municipal Code or other ordinance.
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.
10.4 Research:
Any research requested by an individual Planning Commissioner that results in a
written response from staff will be copied to all Planning Commissioners. This is not
meant to include copies of documents on file.
10.5 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 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.
0C
Resolution No. PC -2008-
Page 20
11. COMMITTEES
11.1 Committees:
Committees may be appointed by the Chair, as needed, with the approval of the
majority of the members of the Commission.
12. COMMISSION MEETINGS
12.1 Meeting Time and Schedule:
The regular meetings of the Planning Commission shall begin at the hour of 7:00
p.m. on the fourth Tuesday of each month or as determined by the Commission at its
first regular meeting of each year, such determination to include the dates, time and place
of such meetings as set forth in Chapter 2.36 of the Municipal Code. Should the need
arise during the year, the Commission may, by a majority vote, revise the regular meeting
schedule, including dates, time and place of such meetings.
13. MINUTES:
13.1 Action Minutes:
The Records Secretary shall be responsible for preparing action minutes to
record all the actions of the Planning Commission (motions, votes, and consensus
decisions) at regular and special meetings, consistent with Municipal Section 2.16.030,
and shall schedule the completed minutes on the Consent Calendar consistent with
Section 2.13 of this resolution. Planning Commission meeting action minutes shall
include documentation for each agenda item, including but not limited to the following:
Date, hour, and place of meeting;
Identification of regular, adjourned regular or special meeting (and special
meeting notice language);
Names of Planning Commissioners and staff in attendance;
Planning Commission announcements, requested future agenda items, and
reports on meetings /conferences attended by Planning Commissioners;
Agenda titles, staff recommendations and record of action taken (motions, votes,
and consensus decisions);
Name(s) of staff providing the verbal staff report and documentation of verbal
and written corrections to the agenda report;
Resolution No. PC -2008-
Page 21
Public hearing compliance documentation;
Public speaker names, identification of support or opposition, and/or other brief
summary of comments as determined necessary by the Community
Development Director;
Written statement card documentation, consistent with Sections 2.11 and 2.12 of
this resolution;
Adjournment time; and
Community Development Director and Chair signatures
SECTION 2. Resolution No. PC- 2006 -507 is hereby rescinded in its entirety.
SECTION 3. 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.
SECTION 4. EFFECTIVE DATE
This Resolution shall become effective upon adoption.
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.
PASSED AND ADOPTED this 26th day of February, 2008
AYES:
NOES:
ABSTAIN:
ABSENT:
Robert Peskay, Chair
David A Bobardt
Planning Director
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PC ATTACHMENT ITEM 10.A.
Planning Commission, City of Moorpark, California
Minutes of January 22, 2008 Regular Meeting
Pa e 1
A Regular Meeting of the Planning Commission of the City of Moorpark was held on
January 22, 2008, in the City Council Chambers; Moorpark Civic Center; 799 Moorpark
Avenue; Moorpark, California.
1
2
3
4
CALL TO ORDER:
Chair Taillon called the meeting to order at 7:02 p.m.
PLEDGE OF ALLEGIANCE:
Commissioner Landis led the Pledge of Allegiance.
ROLL CALL:
Present:
Absent:
Staff Present:
Planning Commissioners
Peskay, and Chair Taillon.
Commissioner Di Cecco
Hamous, Landis, Vice Chair
David Bobardt, Planning Director; Joseph Fiss, Principal
Planner; and Joyce Figueroa, Administrative Assistant.
PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS:
A. Consider Selection of Chair and Vice Chair
Chair Taillon opened the floor to nominations for a Chair and Vice Chair.
Commissioner Landis jointly nominated Vice Chair Peskay as Chair and
Commissioner Hamous as Vice Chair.
MOTION: Commissioner Landis moved and Vice Chair Peskay seconded a
motion to accept the nominations. The motion carried by voice vote 4:0,
Commissioner Di Cecco absent.
PUBLIC COMMENTS:
None.
REORDERING OF, AND ADDITIONS TO, THE AGENDA:
None.
Planning Commission, City of Moorpark, California
Minutes of January 22, 2008 Regular Meeting
Page 2
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS AND REPORTS ON
MEETINGS /CONFERENCES ATTENDED BY THE COMMISSION:
(Future agenda items are tentative and are subject to rescheduling.)
None.
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: Joseph Fiss) Staff Recommendation: 1) Adopt Resolution No. PC-
2008 -527 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 :07 p.m.
Mr. Bobardt noted that this item is continued from October 23, 2007. The
Public Hearing was closed at the meeting of September 25, 2007, when
the Commission directed staff to prepare findings and conditions of
approval for this project. These were prepared and presented to the
Commission at the October 25, 2007 meeting. The Conditions of
Approval and findings are consistent with those of similar uses that the
Commission has approved throughout the City. At the October 23, 2007
meeting no motion was made on the findings or conditions.
Motion to approve staff recommendation fails for lack of Commission
majority vote. Voice Vote: 2:1, Commissioner Landis dissenting and
Commissioner Di Cecco and Vice Chair Hamous absent.
Commissioner Hamous returned to the dais at 7:13 p.m.
The Planning Commission is final approval for this project.
B. Consider Conditional Use Permit No. 2007 -10 A Request To Install a
Wireless Telecommunications Facilitv 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: Joseph Fiss) Staff
Recommendation: 1) Open the public hearing, accept public testimony
and close the public hearing; 2) Adopt Resolution No. PC- 2008 -528
approving Conditional Use Permit No. 2007 -10, subject to conditions.
00007.1';
Planning Commission, City of Moorpark, California
Minutes of January 22, 2008 Regular Meeting
Page 3
Commissioner Landis recused himself and stepped down from the dais.
The time was 7:14 p.m.
Mr. Fiss gave the staff report. He also noted a correction to the subject
item. The request is for six panel antennas.
The Commission questioned staff about the height limit elevation, above
ground equipment, studies of radiation, and construction of the vault on
the site.
Chair Peskay opened the Public Hearing
Ed Gala, applicant, 310 Commerce, Irvine, California, spoke in favor of the
project and stated he was available for questions.
The Commission questioned applicant if the Golf Course will allow
Sprint/Nextel access on the golf course, and once the towers are
completed will they be checked upon every thirty (30) days and serviced.
Chair Peskay closed the Public Hearing
MOTION: Commissioner Taillon moved and Vice Chair Hamous seconded a
motion to approve CUP 2007 -10 subject to conditions. The motion carried by
voice vote 3 :0, Commissioners Di Cecco and Landis absent.
Commissioner Landis returned to the dais at 7:32 p.m.
The Planning Commission is final approval for this project.
9. DISCUSSION ITEMS:
A. Consider Regular Meeting Schedule Time and Place (Staff: David
Bobardt) 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.
Mr. Bobardt gave the staff report.
MOTION: Vice Chair Hamous moved and Commissioner Taillon seconded a
motion to approve staff recommendation as amended to forego cancellation of
December 2008 regular meeting. The motion carried by voice vote 4:0,
Commissioner Di Cecco absent.
Planning Commission, City of Moorpark, California
Minutes of January 22, 2008 Regular Meeting
Pane 4
10. CONSENT CALENDAR:
Mr. Bobardt noted corrections to the minutes of October 23, 2007, Regular
Meeting.
A. Consider Approval of the Regular Meeting Minutes of October 22 2007.
MOTION: Commissioner Taillon moved and Vice Chair Hamous seconded a
motion to approve the Consent Calendar, as amended to correct date of regular
meeting minutes to October 23, 2007. The motion carried by voice vote 4:0,
Commissioner Di Cecco absent.
11. ADJOURNMENT:
Chair Peskay adjourned the meeting at 7:34 p.m.
David A. Bobardt, Planning Director
Robert Peskay, Chair
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