HomeMy WebLinkAboutAG RPTS 2008 0826 PC REGPLANNING COMMISSION
REGULAR MEETING AGENDA
August 26, 2008
7:00 P.M.
Resolution No. 2008 -533
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.)
A. Future Agenda Items: September 23, 2008
• Zoning Ordinance Amendment 2006 -03 (Wireless Facilities — SB 1627)
• Conditional Use Permit 2008 -06 (DoughMain — Tobacco and Accessories)
• Conditional Use Permit 2008 -07 (Vorburger — Wine and Cigar Club)
• Tentative Tract Map 5869 (Grand Moorpark - Condominium Map)
• Conditional Use Permit 2003 -05 (National Ready Mix — Concrete Batch Plant)
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
August 26, 2008
Page 2
8. PUBLIC HEARINGS: (next Resolution No. PC- 2008 -533)
A. Consider Conditional Use Permit No. 2008 -03, to Add a Self- Service Drive -
Throuqh Car Wash and New Underground Diesel Fuel Storage Tank to an
Existing Automobile Service Station, Located at 502 Los Angeles Avenue, on the
Application of Parviz Natanzi. Staff Recommendation: 1) Open the public hearing,
accept public testimony and close the public hearing; 2) Adopt Resolution No. PC-
2008- , conditionally approving Conditional Use Permit No. 2008 -03. (Staff:
Freddy Carrillo)
B. Consider General Plan Amendment No. 2008 -01 and Zone Change No 2008 -01
To Replace the Existing General Plan Land Use Map and Zoning Map with
Electronic Diqital Versions Using the City's Geographic Information Systems (GIS)
Database. Staff Recommendation: 1) Open the public hearing, accept public
testimony and close the public hearing; 2) Adopt Resolution No. PC -2008-
recommending to the City Council approval of General Plan Amendment No.
2008 -01 and Zone Change No. 2008 -01. (Staff: David Bobardt)
C. Consider Zoninq Ordinance Amendment No. 2008 -01, a Request to Amend Title
17.40.110 of the Moorpark Municipal Code (Sign Regulations) to Allow Pylon
Signs in Commercial Retail Shopping Centers of 50,000 Square Feet or Larger in
Locations Other Than on Los Angeles Avenue and to Increase the Allowable
Height of Pylon Signs from Twenty -Four (24) Feet to Forty -Two (42) Feet on the
Application of Signs Pacific on Behalf of Campus Plaza. Staff Recommendation:
1) Open the public hearing, accept public testimony and close the public hearing;
2) Adopt Resolution No. PC -2008- recommending to the City Council denial
of Zoning Ordinance Amendment No. 2008 -01. (Staff: Joseph Fiss)
9. DISCUSSION ITEMS:
A. None.
10. CONSENT CALENDAR:
A. Consider Approval of the Regular Meeting Minutes of June 24, 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 ll).
SACommunity Development \COMMISSION\AGENDA\2008 \08 0826_agn.doc
ITEM: 8.A.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: David A. Bobardt, Planning Director
Prepared by Freddy A. Carrillo, Com nity Development Technician`f�
DATE: August 19, 2008 (PC Meeting of 08/26/08)
SUBJECT: Consider Conditional Use Permit No. 2008 -03, to Add a Self- Service
Drive - Through Car Wash and New Underground Diesel Fuel Storage
Tank to an Existing Automobile Service Station, Located at 502 Los
Angeles Avenue, on the Application of Parviz Natanzi
BACKGROUND
On May 30, 2008, an application was filed by Parviz Natanzi for Conditional Use Permit
(CUP) No. 2008 -03 to add a 21 -foot wide by 38 -foot long self - service drive - through car
wash and new underground diesel fuel storage tank at an existing service station, located
at 502 Los Angeles Avenue (Chevron Gas Station). The project includes relocation of
existing parking spaces and dedication of public right -of -way.
DISCUSSION
Project Setting
Existing Site Conditions:
The service station is located on the southeast corner of Los Angeles Avenue and
Spring Road, on a 28,980 square -foot lot. The property contains a service station with
a convenience store, four pump islands, six parking spaces, three underground fuel
storage tanks, and one above - ground propane tank. The Moorpark Plaza shopping
center abuts the site on the eastern and southern property lines. The existing service
station was recently remodeled with new exterior finishes, signs, and fuel pumps.
o1
Honorable Planning Commission
August 26, 2008
Page 2
GENERAL PLAN /ZONING
Direction
General Plan
Zoning
Land Use
Site
General
Commercial
Planned
Service Station
Commercial
Development
....
....................................................................................... ...............................
North
General
Commercial
Planned
Shopping Center
Commercial
............. .............................. ........................................
........................................................................................................
Development
......................................................... P..................................................................................................................................................................................
South
General
Commercial
Planned
Shopping Center
Commercial
Development
East
General
Commercial
Planned
Shopping Center
Commercial
Development
....
General
Commercial
West
Commercial
Planned
Shopping Center
Development
General Plan and Zoning Consistency:
The Zoning Ordinance requires Planning Commission approval of a Conditional Use Permit
for a car wash in the Commercial Planned Development (CPD) Zone. This allows for 1)
consideration of the compatibility of the design and operation of the car wash with
surrounding uses in making findings on the application, and 2) adoption of conditions of
approval as deemed necessary.
The General Commercial land use designated in the General Plan is intended to provide a
wide range of retail and services activities. Intended uses include stores, shops, and offices
supply stores, services uses, including restaurants, for the surrounding community. A
drive - through car wash is consistent with the land use designation.
Circulation
The site access and internal circulation will remain generally consistent with the existing
circulation pattern. Vehicles will enter the car wash from the east and exit to the west with
the option to exit the site at the Spring Road driveway, or re -enter the service station site.
The building and site are appropriately designed for the proposed use.
Parking
No additional parking spaces are required for the addition of the car wash. The existing
six parking spaces will be reconfigured. Four parking spaces would be relocated to the
east side of the service station, and two parking spaces would be relocated to the north of
the service station.
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Honorable Planning Commission
August 26, 2008
Page 3
Previous Applications
The gasoline station was originally permitted by the County of Ventura in 1972. It has been
substantially remodeled several times since.
ANALYSIS
Issues
Staff analysis of the proposed project has identified the following areas for Planning
Commission consideration:
• Hours of Operation /Noise
• Aesthetic.
• Right -of -Way Dedication
Hours of Operation /Noise:
Noise from drive - through car washes is created primarily by mechanical equipment such as
air blowers, motors for brushes /mops, and compressors for pressure washing, as well as
warning buzzers. It is important to ensure that the neighboring uses within the adjacent
shopping center and nearby residences are not negatively impacted by the introduction of
the drive - through car wash. The applicant has not proposed hours of operation for the
drive - through car wash. Staff has reviewed the location of this proposal and its proximity to
residential neighborhoods and determined that the hours of operation should be limited in
order to minimize the noise level at night and early mornings. A condition of approval has
been added to limit the hours of operation of the drive - through car wash from 7:00 a.m. to
10:00 P.M.
Aesthetics:
The applicant has submitted a color board and elevations of the proposed drive - through
car wash. The 684 square foot structure is proposed to match the existing convenience
store building by having light brown slump stone block walls a metal parapet surrounding
the roof, light tan roll -up doors, tan metal storefront trim. A tiled parapet roof that matches
the existing canopy would give more articulation to this car wash building and help connect
it visually with the other structures on site. A condition of approval has been added for the
roof parapet to match the existing service station canopy.
Right -of -Way Dedication
Section 12.26.010 of the Moorpark Municipal Code requires dedication of street right -
of -way for development projects requiring building permits. Staff has worked closely
with the applicant to ensure that the proper right -of -way dedication is granted on both
Los Angeles Avenue and Spring Road. This dedication is necessary for the City's
improvement of this intersection and widening of the affected streets. The applicant will
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Honorable Planning Commission
August 26, 2008
Page 4
be required to pay typical fair -share citywide traffic an intersection improvement fees
based upon the development impacts of this project.
Findings
Staff analysis of the proposed project has determined that the following necessary findings
have been met:
1. The proposed use is consistent with the intent and provisions of the City's General
Plan and of the City Municipal Code in that it furthers Goal 7 and Goal 8 of the Land
Use Element of the General Plan as follows: "Goal 7: Provide for a variety of
commercial facilities which serve community residents and meet regional needs"
and "Goal 8: Provide for new commercial development which is compatible with
surrounding land uses ".
2. The proposed use is compatible with the character of surrounding development in
that the architectural style and materials of the service station have been
incorporated into the design of the car wash building.
3. The proposed use would not be obnoxious or harmful, or impair the utility of
neighboring property or uses in that the car wash would not be adjacent to noise
sensitive uses, it has been conditioned to limit the hours of operation, and parking
on site would be preserved.
4. The proposed use would not be detrimental to the public interest, health, safety,
convenience, or welfare in that conditions of approval have been added to take care
of any detrimental effects.
5. The proposed use is compatible with existing and planned land uses in the general
area where the development is to be located in that this use is similar in nature to
permitted and conditionally permitted uses within the CPD Zone and is in an area
which is substantially developed.
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: August 19, 2008
Planning Commission Action Deadline: November 18, 2008
City Council Action Deadline: Not Applicable
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August 26, 2008
Page 5
Upon agreement by the City and Applicant, one 90 -day extension can be granted to the
date action must be taken on the application.
ENVIRONMENTAL DETERMINATION
In accordance with the City's environmental review procedures adopted by resolution, the
Planning Director determines the level of review necessary for a project to comply with the
California Environmental Quality Act (CEQA). Some projects may be exempt from review
based upon a specific category listed in CEQA. Other projects may be exempt under a
general rule that environmental review is not necessary where it can be determined that
there would be no possibility of significant effect upon the environment. A project which
does not qualify for an exemption requires the preparation of an Initial Study to assess the
level of potential environmental impacts.
Based upon the results of an Initial Study, the Director may determine that a project will not
have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt
a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects,
a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient
environmental documentation. If the Director determines that a project has the potential for
significant adverse impacts and adequate mitigation can not be readily identified, an
Environmental Impact Report (EIR) is prepared.
The Director has reviewed this project and found it to be Categorically Exempt in
accordance with Section 15303 (Class 3) of the California Code of Regulations (CEQA
Guidelines). No further environmental documentation is required.
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the public hearing.
2. Adopt Resolution No. PC -2008- conditionally approving Conditional Use Permit
No. 2008 -03
ATTACHMENTS:
1. Location Map
2. Aerial Photograph
3. Project Exhibits
A. Site Plan (Under Separate Cover)
B. Elevations (Under Separate Cover)
4. Draft PC Resolution with Conditions of Approval
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Location Map
Conditional Use Permit No. 2008 -04
502 Los Angeles Avenue
PC ATTACHMENT 1
Aerial Photograph
PC ATTACHMENT 2
PROJECT EXHIBITS
A. SITE PLAN
B. ELEVATIONS
(under separate cover)
PC ATTACHMENT 3
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RESOLUTION NO. PC -2008-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. 2008 -031 TO ADD A SELF -
SERVICE DRIVE - THROUGH CAR WASH AND ONE ADDITIONAL
UNDERGROUND DIESEL STORAGE TANK TO AN EXISTING
AUTOMOBILE SERVICE STATION, LOCATED AT 502 LOS
ANGELES AVENUE, ON THE APPLICATION OF PARVIN
NATANZI
WHEREAS, at a duly noticed public hearing on August 26, 2008, the Planning
Commission considered Conditional Use Permit No. 2008 -03, a request to add a self -
service drive - through car wash and one additional underground diesel storage tank to
an existing automobile service station, located at 502 Los Angeles Avenue, on the
application of Parvin Natanzi
WHEREAS, at its meeting of August 26, 2008, the Planning Commission
considered the agenda report and any supplements thereto and written public
comments; opened the public hearing and took and considered public testimony both
for and against the proposal; closed the public hearing, and reached a decision on this
matter; and
WHEREAS, the Planning Commission concurs with the Planning Director's
determination that this project is Categorically Exempt from the provisions of CEQA
pursuant to Section 15303 as a Class 3 exemption for New Construction or Conversion
of Small Structures; and no further environmental documentation is required.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. CONDITIONAL USE PERMIT FINDINGS: Based upon the
information set forth in the staff report(s), accompanying studies, and oral and written
public testimony, the Planning Commission makes the following findings in accordance
with City of Moorpark, Municipal Code Section 17.44.040:
A. The proposed use is consistent with the intent and provisions of the City's
General Plan and of the City Municipal Code in that it furthers Goal 7 and Goal 8
of the Land Use Element of the General Plan as follows: "Goal 7: Provide for a
variety of commercial facilities which serve community residents and meet
regional needs" and "Goal 8: Provide for new commercial development which is
compatible with surrounding land uses ".
B. The proposed use is compatible with the character of surrounding development
in that the architectural style and materials of the service station have been
incorporated into the design of the car wash building.
PC ATTACHMENT 4 A
Resolution No. PC -2008-
Page 2
C. The proposed use would not be obnoxious or harmful, or impair the utility of
neighboring property or uses in that the car wash would not be adjacent to noise
sensitive uses, it has been conditioned to limit the hours of operation, and
parking on site would be preserved.
D. The proposed use would not be detrimental to the public interest, health, safety,
convenience, or welfare in that conditions of approval have been added to take
care of any detrimental effects.
E. The proposed use is compatible with existing and planned land uses in the
general area where the development is to be located in that this use is similar in
nature to permitted and conditionally permitted uses within the CPD Zone and is
in an area which is substantially developed.
SECTION 2. CONDITIONAL USE PERMIT APPROVAL: The Planning
Commission hereby approves Conditional Use Permit No. 2008 -03 subject to the
Special and Standard Conditions of Approval included in Exhibit A (Special and
Standard Conditions of Approval), attached hereto and incorporated herein by
reference.
SECTION 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 August, 2008.
Robert Peskay, Chair
David Bobardt
Planning Director
Exhibit A — Conditions of Approval
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Resolution No. PC -2008-
Page 3
EXHIBIT A
CONDITIONS OF APPROVAL FOR
CONDITIONAL USE PERMIT NO. 2008 -03
A. COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONS
1. The development must be in substantial conformance with the plans presented in
conjunction with the application for Conditional Use Permit No. 2008 -03, except
any modifications as may be required to meet specific Building Code and Zoning
Code standards or other conditions stipulated herein.
2. All exterior areas of the site, including landscaping and parking areas must be
maintained free of litter and debris at all times.
3. The hours of operation of the drive - through car wash are restricted to 7:00 a.m.
to 10:00 p.m. The hours may be subsequently modified by the Planning Director
as necessary upon written notice to the permittee.
4. The applicant shall submit a color rendering to the Planning Director for approval
prior to the issuance of a Zoning Clearance. The colors may be modified by the
Planning Director upon written notice to the permittee.
5. Prior to plan check submittal, the car wash must be redesigned to provide for an
articulated parapet, matching that of the station canopy.
6. The abandoned pay phone structure must be removed within thirty days of the
date of approval.
7. Prior to occupancy of the car wash, the Vapor Recovery System must be
screened in a manner acceptable to the Planning Director.
8. Prior to occupancy of the car wash, the hedges on the south side of the site must
be trimmed to allow appropriate line of sight clearances.
9. Prior to occupancy, the Applicant shall irrevocably offer to dedicate the street
frontage on Los Angeles Avenue and Spring Road in accordance with the City's
ultimate right -of -way improvements for that location to the satisfaction of the
Planning Director, Public Works Director /City Engineer, and City Attorney and be
reviewed and accepted by the City Council.
B. GENERAL REQUIREMENTS
1. The permittee's acceptance of this permit and /or commencement of construction
and /or operations under this permit are deemed to be acceptance of all
conditions of this permit.
2. The continued maintenance of the permit area and facilities is subject to periodic
inspection by the City. The permittee shall be required to remedy any defects in
ground or building maintenance, as indicated by the City within five (5) business
days after notification.
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Resolution No. PC -2008-
Page 4
3. This permit is granted for the land and project as identified on the entitlement
application form and as shown on the approved plans on file in the Community
Development Department office. The location of all site improvements shall be as
shown on the approved plans except or unless otherwise indicated herein in the
following conditions. All proposed uses of these buildings shall require the
issuance of a Zoning Clearance from the Community Development Department.
The Department may determine that certain uses will require other types of
entitlements or environmental assessment.
4. This development is subject to all applicable regulations of the Moorpark
Municipal Code including applicable zoning regulations, and all requirements and
enactments of Federal, State, Ventura County, City authorities, and any other
governmental entities, and all such requirements and enactments shall, by
reference, become conditions of this permit.
5. In the event that the uses for which the Conditional Use Permit as approved is
determined to be abandoned, the City of Moorpark may, at its discretion, initiate
revocation procedures for cause per the provisions of Section 17.44.080. For
purposes of this condition, "abandoned" shall mean a cessation of a business or
businesses which would render the business unavailable to the public for a
period of 180 or more consecutive days. Initiation of revocation procedures may
result in the revocation of the permit or modification of the permit based upon the
evidence presented at the hearing.
6. No conditions of this entitlement may be interpreted as permitting or requiring
any violation of law or any unlawful rules or regulations or orders of an authorized
governmental agency. In instances where more than one set of rules apply, the
stricter ones shall take precedence.
7. If any of the conditions or limitations of this permit are held to be invalid, that
holding does not invalidate the remaining conditions or limitations set forth.
8. The Permittee agrees as a condition of issuance and use of this permit to defend,
at his /her sole expense, any action brought against the City because of issuance
(or renewal) of this permit. Permittee will reimburse the City for any court costs
and /or attorney's fees which the City may be required by the court to pay as a
result of any such action or in the alternative to relinquish this permit. The City
may, at its sole discretion, participate in the defense of any such action, but such
participation shall not relieve Permittee of his /her obligation under this condition.
9. In order to determine if the proposed use(s) are compatible with the zoning and
terms and conditions of the permit prior to initial occupancy or any subsequent
change of tenant occupancy, the owner of the subject building, or the owners
representative shall apply for and receive a Zoning Clearance from the
Community Development Department.
10. Prior to commencement of any use approved under this permit the issuance of a
Certificate of Occupancy by the Building and Safety Department shall be
required. A Certificate of Occupancy may not be issued until all on -site
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Resolution No. PC -2008-
Page 5
improvements specified in this permit have been completed or the Permittee has
provided a faithful performance surety. At the discretion of the Planning Director
and upon the posting of surety by the Permittee, said on -site improvements shall
be completed within 120 days of issuance of the Certificate of Occupancy. Upon
completion of the required improvements to the satisfaction of the Planning
Director, the surety may be exonerated. In case of failure to comply with any term
or provision of this agreement, the Planning Director shall declare the surety
forfeited.
11. Prior to occupancy, those proposed uses, which require review and approval for
compliance with all applicable State and local regulations related to storage,
handling, and disposal of potentially hazardous materials, shall obtain the
necessary permits from Ventura County Environmental Health Division and
provide proof of said permits to the Community Development Department. If
required by the County Environmental Health Division, the Permittee shall
prepare a hazardous waste minimization plan.
12. No later than ten (10) days after any change of property ownership or change of
lessee(s) or operator(s) of the subject building, the current or new owner shall file
the name(s) and address(es) of the new owner(s), lessee(s) or operator(s) with
the Community Development Department. The change of ownership letter shall
include an acknowledgement that the new owner agrees with all conditions of
this permit.
13. If in the future, any use or uses are contemplated on the site differing from that
specified in the Zoning Clearance approved for the occupancy, either the
Permittee, owner, or each prospective tenant shall file a project description prior
to the initiation of the use. A review by the Planning Director will be conducted to
determine if the proposed use is compatible with the surrounding area and the
terms and conditions of this permit, and if a Minor or Major Modification to the
Planned Development Permit is required. A new Zoning Clearance shall be
required. All applicable fees and procedures shall apply for said review.
14. Prior to the issuance of a building permit the contractor shall provide proof to the
Building Division that all contractors doing work in Moorpark have a valid
Business Registration Permit. 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.
15. The development shall comply with the requirements of the Ventura County
NPDES permit CAS 004002.
- END -
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ITEM: 8.13
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: David A. Bobardt, Planning Director
DATE: August 13, 2008 (PC Meeting of 8/26/2008)
SUBJECT: Consider General Plan Amendment No. 2008 -01 and Zone Change No.
2008 -01: To Replace the Existing General Plan Land Use Map and
Zoning Map with Electronic Digital Versions Using the City's
Geographic Information Systems (GIS) Database
BACKGROUND /DISCUSSION
The Community Development Department has worked with RBF Consulting to prepare
accurate electronic digital versions of the City's General Plan Land Use Map and Zoning
Map. These maps reflect the existing zoning and land use categories and boundaries
through the most recent amendments. No changes in land use designations, zones or
zone boundaries are proposed with these maps. The maps will be useful in the current
development of a web -based Geographic Information System (GIS) that will allow anyone
with internet access to check the Zoning and General Plan Land Use designation for any
property with the City. The maps will also be useful in the development of updated General
Plan Land Use and Zoning Maps as part of the City's General Plan update currently
underway.
PROCESSING TIME LIMITS
Time limits under the Permit Streamlining Act (Government Code Title 7, Division 1,
Chapter 4.5), 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 this
proposal as 1) the City is the applicant, and 2) the adoption of a General Plan land use
map and Zoning map are both legislative actions exempt from the Permit Streamlining Act.
ENVIRONMENTAL DETERMINATION
The adoption of the General Plan land use map and Zoning map in a digital electronic
format would not create a physical change in the environment. Therefore, the action of the
Planning Commission and City Council on these maps is not subject to review under the
California Environmental Quality Act (CEQA).
A'0014
Honorable Planning Commission
August 26, 2008
Page 2
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the public hearing.
2. Adopt Resolution No. PC -2008- recommending to the City Council approval of
General Plan Amendment No. 2008 -01 and Zone Change No. 2008 -01.
ATTACHMENTS:
1. Proposed General Plan Land Use Map
2. Proposed Zoning Map
3. Draft PC Resolution
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RESOLUTION NO. PC -2008-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE
CITY COUNCIL APPROVAL OF GENERAL PLAN AMENDMENT
NO. 2008 -01 AND ZONE CHANGE NO. 2008 -01: TO REPLACE
THE EXISTING GENERAL PLAN LAND USE MAP AND ZONING
MAP WITH ELECTRONIC DIGITAL VERSIONS USING THE
CITY'S GEOGRAPHIC INFORMATION SYSTEMS (GIS)
DATABASE
WHEREAS, at a duly noticed public hearing on August 26, 2008, the Planning
Commission considered General Plan Amendment No. 2008 -01 and Zone Change No.
2008 -01: to replace the existing General Plan Land Use Map and Zoning Map with
electronic digital versions using the City's Geographic Information Systems (GIS)
database; and
WHEREAS, at its meeting of August 26, 2008, the Planning Commission
considered the agenda report and any supplements thereto and written public
comments; opened the public hearing and took and considered public testimony both
for and against the proposal; reached a decision on this matter; and
WHEREAS, the Planning Commission concurs with the Community Development
Director's determination that this is not a project subject to the California Environmental
Quality Act.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. PLANNING COMMISSION RECOMMENDATION: The Planning
Commission recommends to the City Council approval of General Plan Amendment No.
2008 -01 and Zone Change No. 2008 -01.
SECTION 2. FILING OF RESOLUTION: The Planning Director shall cause a
certified resolution to be filed in the book of original resolutions.
The action of the foregoing direction was approved by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
PC ATTACHMENT 3 FAW018
Resolution No. PC -2008-
Page 2
PASSED, AND ADOPTED this 26th day of August, 2008.
Robert Peskay, Chair
David Bobardt
Planning Director
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ITEM: 8.C.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: David A. Bobardt, Planning Director
Prepared by Joseph Fiss, Principal
DATE: July 28, 2008 (PC Meeting of 8126/08)
SUBJECT: Consider Zoning Ordinance Amendment No. 2008 -01, a Request to
Amend Title 17.40.110 of the Moorpark Municipal Code (Sign
Regulations) to Allow Pylon Signs in Commercial Retail Shopping
Centers of 50,000 Square Feet or Larger in Locations Other Than on
Los Angeles Avenue and to Increase the Allowable Height of Pylon
Signs from Twenty -Four (24) Feet to Forty -Two (42) Feet on the
Application of Signs Pacific on Behalf of Campus Plaza.
BACKGROUND
On May 30, 2008, an application was filed requesting an amendment to change the Matrix
in Section 17.40.110 (Sign Regulations) to allow pylon signs other than on Los Angeles
Avenue. This request was filed by Signs Pacific on behalf of the owners of the Campus
Plaza Shopping Center, who would like to construct a 42 -foot high freeway- oriented pylon
sign at their center on the southwest corner of Campus Drive and Collins Drive
DISCUSSION
In 2005, as part of its consideration of a comprehensive sign ordinance revision, the
Planning Commission discussed freeway- oriented pylon signs. The issue was raised at the
public hearing by the owner of the Campus Plaza at the time, who wanted a pylon sign as
part of the project. The Planning Commission recommended that freeway- oriented pylon
signs be permitted, and that new pylon signs along Los Angeles Avenue be prohibited. The
City Council rejected this recommendation and retained the 1994 pylon sign provision
allowing pylon signs only in commercial retail shopping centers of 50,000 square feet or
larger located on Los Angeles Avenue.
The Moorpark Municipal Code defines "pylon sign" as a freestanding sign, other than a
monument sign, in which the sign face is separated from ground level by means of one (1)
or more supports such as poles, pole covers or columns. Currently, the Zoning Code
allows such signs to be a maximum of twenty -four (24) feet high, and three - hundred (300)
p 00020
Honorable Planning Commission
August 26, 2008
Page 2
square feet in area. The only existing sign in the City that exceed this height is the
Moorpark Marketplace sign which, at 66 feet tall, was subject to specific plan regulations
and a settlement agreement. The Sign Ordinance does not contain criteria for "Freeway
Oriented Signs ", nor has any such criteria been proposed by the applicant. This request is
explicitly to modify the existing code to allow a specifically proposed sign at one location.
The table below shows the changes to the Sign Ordinance necessary to allow the
proposed sign. If this amendment is approved it would allow a large pylon sign not only at
Campus Plaza, but also at the Mountain Meadows Shopping Center and Warehouse
Discount Center center, and would allow all commercial retail shopping centers on Los
Angeles Avenue over 50,000 square feet to propose pylon signs up to forty -two (42) feet in
height .
2. Pylon signs for
One -half (1/2) of the
Area: Three hundred
Number: One (1) per
commercial retail
required front or street
(300) square feet.
street frontage.
shopping centers of
side setback area but no
Height: Twenty-four (24)
Sign Copy: Center name
50,000 square feet or
closer than four (4) feet
Forty -Two (42) feet.
and the name of up to
larger IGGated GR Los
from the property line,
Width: Twelve (12- )
five (5) tenants. The
Angeles AveRwe
whichever is greater.
Thirteen and One -Third
center name shall not
Pylon signs aleng the
(13.33) feet.
include any tenant
s "''' - cOde of Los
name. For centers with
Rgele6 AveRue shall
theaters, changeable
be no closer than five
copy signage within the
hundred (500) feet of
overall allowable sign
one another.
square footage is
permitted.
Illumination: Internal, but
no exposed neon
lighting or exposed bulb
lighting.
Landscaping: A
minimum twelve -foot by
twelve -foot (12 x 12)
wide landscaped planter
area surrounding the
sign base.
ANALYSIS
The Campus Plaza center was developed in 2006 and 2007 as a neighborhood shopping
center to serve the needs of the local community and was not designed to be freeway
oriented, even though parts of it are visible from the 118 Freeway. At the time the project
was designed and developed, it was clear that pylon signs would not be allowed, and the
property was developed accordingly. As required by the project conditions of approval, a
complete sign program was submitted by the developer and approved by the City. The
sign program provided designs for monument signs and wall signs appropriate for a
neighborhood shopping center.
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080826.doc
000'11.
Honorable Planning Commission
August 26, 2008
Page 3
A better solution than a pylon sign for additional signage would be to direct the applicant to
file an Administrative Exception to amend the approved sign program to allow limited
signage on the tower element facing the freeway. The Sign Ordinance allows the Planning
Director to grant an administrative exception for signs deviating from the provisions of the
ordinance or any limitations imposed upon the use or general design of the sign and may
authorize modifications from the permitted sign area, height or setback requirements. This
provision allows the Planning Director the ability to approve the use of the existing structure
for signage purposes As evidenced by the applicant's exhibits, wall signs on the tower
element would be equally effective and would not have the negative effect of creating a
large and obtrusive pylon sign in the shopping center.
PROCESSING TIME LIMITS
This project consists of a Zoning Ordinance Amendment, which is a legislative act and is
not subject to state processing time limits.
ENVIRONMENTAL DETERMINATION
In accordance with the City's environmental review procedures adopted by resolution, the
Planning Director determines the level of review necessary for a project to comply with the
California Environmental Quality Act (CEQA). Some projects may be exempt from review
based upon a specific category listed in CEQA. Other projects may be exempt under a
general rule that environmental review is not necessary where it can be determined that
there would be no possibility of significant effect upon the environment. A project which
does not qualify for an exemption requires the preparation of an Initial Study to assess the
level of potential environmental impacts.
The Planning Director has reviewed this project and found it to qualify for a General Rule
Exemption in accordance with Section 15061(b)(3) of California Code of Regulations
(CEQA Guidelines). No further environmental documentation is required.
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the public hearing.
2. Adopt Resolution No. PC -2008- recommending to the City Council denial of
Zoning Ordinance Amendment No. 2008 -01.
ATTACHMENTS:
1. Location Map
2. Aerial Photograph
3. Sign Exhibits
4. Draft PC Resolution
S: \Community Development \DEV PMTS\Z O A\2008 \01 Signs Pacific\Agenda Reports \PC Agenda Report 080826.doc ,, 11
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Honorable Planning Commission
August 26, 2008
Page 4
ct
--TTe
LOCATION MAP
OF APPLICANT'S
SHOPPING CENTER
PC ATTACHMENT 1
tf
S: \Community Development \DEV PMTS\Z 0 A\2008 \01 Signs Pacific\Agenda Reports \PC Agenda Report 080826.doc
Honorable Planning Commission
August 26, 2008
Page 5
AERIAL PHOTOGRAPH
OF APPLICANT'S
SHOPPING CENTER
PC ATTACHMENT 2
S: \Community Development \DEV PMTS\Z O A\2008 \01 Signs Pacific\Agenda Reports \PC Agenda Report 080826.doc
00024
I > .4 # .1 >
s
55"
T
2'
T
1600
a ,
18'
T
T
45"
PC ATTACHMENT 3
°00025
Actual Sign Mock -up
(Viewing from Eastbound)
SIGNS PAC IFIC
""7' `7MO, o':
771IRM , , . I
y
x
W
Westbound 118 View
SIGNS
A
u -'R, x
h s
� X
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Eastbound 118 View
SIGNS PAC I FI C
Eastbound 118 Side View
SIGNS"'
CITY STAFF PROPOSED ALTERNATIVE
RESOLUTION NO. PC -2008-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, RECOMMENDING DENIAL
OF ZONING ORDINANCE AMENDMENT NO. 2008 -011 A
REQUEST TO AMEND TITLE 17.40.110 OF THE MOORPARK
MUNICIPAL CODE (SIGN REGULATIONS) TO ALLOW PYLON
SIGNS IN LOCATIONS OTHER THAN AT SHOPPING CENTERS
OVER 50,000 SQUARE FEET ON LOS ANGELES AVENUE AND
TO INCREASE THE ALLOWABLE HEIGHT OF PYLON SIGNS
FROM TWENTY -FOUR (24) FEET TO FORTY -TWO (42) FEET
ON THE APPLICATION OF SIGNS PACIFIC ON BEHALF OF
CAMPUS PLAZA
WHEREAS, at a duly noticed public hearing on August 26, 2008, the Planning
Commission considered Zoning Ordinance Amendment No. 2008 -01, a request to
amend Title 17.40.110 of the Moorpark Municipal Code (Sign Regulations) to allow
pylon signs in locations other than at shopping centers over 50,000 square feet on Los
Angeles Avenue and to increase the allowable height of pylon signs from twenty four
(24) feet to forty two (42) feet on the application of Signs Pacific on behalf of Campus
Plaza; and
WHEREAS, at its meeting of August 26, 2008 the Planning Commission
considered the agenda report and any supplements thereto and written public
comments; opened the public hearing and took and considered public testimony both
for and against the proposal and reached a decision on this matter; and
WHEREAS, the Planning Commission concurs with the Planning Director's
determination that it qualifies for a General Rule Exemption in accordance with Section
15061 of California Code of Regulations (CEQA Guidelines).
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Planning Commission recommends denial of Zoning
Ordinance Amendment No. 2008 -01 to the City Council.
SECTION 2. FILING OF RESOLUTION: The Planning Director shall cause a
certified resolution to be filed in the book of original resolutions.
The action of the foregoing direction was approved by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
PC ATTACHMENT 4
Resolution No. PC -2008-
Page 2
PASSED, AND ADOPTED this 26th day of August, 2008.
Robert Peskay, Chair
David Bobardt, Planning Director
SACommunity Development\DEV PMTS\Z O A\2008 \01 Signs Pacific \Reso and Ord \PC_Reso 082608.doc
(A)U►�r:i
ITEM: 10.A.
MINUTES OF THE PLANNING COMMISSION
Moorpark, California June 24, 2008
A Regular Meeting of the Planning Commission of the City of Moorpark was held on
June 24, 2008, in the Council Chambers of said City located at 799 Moorpark Avenue;
Moorpark, California.
1. CALL TO ORDER:
Chair Peskay called the meeting to order at 7:09 p.m.
2. PLEDGE OF ALLEGIANCE:
Freddy Carrillo, Community Development Technician, led the Pledge of
Allegiance.
3. ROLL CALL:
Present: Planning Commissioner Di Cecco, Vice Chair Hamous, and
Chair Peskay. Planning Commissioner Landis arrived at 7:23
p.m.
Absent: Planning Commissioner Taillon.
Staff Present: David Bobardt, Planning Director; Freddy Carrillo,
Community Development Technician; and Blanca Garza,
Deputy City Clerk.
4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS:
None.
5. PUBLIC COMMENT:
None.
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
CONSENSUS: It was the consensus of the Commission, to reorder the Agenda and
take Items 9.A, 10.A, and 10.B. as the first items of business, before the Public Hearing
Item 8.A, upon the request of Mr. Bobardt.
. °�.i 32
Minutes of the Planning Commission
Moorpark, California Page 2 June 24, 2008
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS AND REPORTS ON
MEETINGS /CONFERENCES ATTENDED BY THE COMMISSION:
(Future agenda items are tentative and are subject to rescheduling.)
A. Planners Institute: March 26 — March 28, 2008
Chair Peskay briefly discussed the Planners Institute March 26 — 28, 2008, put
on by the League of California Cities, which he attended with Commissioner
Landis, Commissioner Taillon and Vice Chair Hamous. The three main general
sessions they attended were: 1) Fire Safe Strategies; 2) Planning in an Uncertain
Climate for Legal and Practical Perspectives; and 3) California Trends: the
Future of the Housing Market and the Economy.
B. Future Agenda Items: August 26, 2008
i. Digital General Plan and Zoning Maps
ii. Conditional Use Permit (CUP) for National Ready Mix
Mr. Bobardt briefly discussed the future agenda items. He indicated staff has
been working with a consultant to convert existing paper General Plan and
Zoning Maps to digital format to ultimately make them available on -line and staff
is planning to place on the August 26, 2008, Planning Commission meeting for
adoption since they will be new maps. Mr. Bobardt also indicated they are
looking to take a Conditional Use Permit for the National Ready Mix project.
AT THIS POINT in the meeting Item 9.A. was heard.
9. DISCUSSION ITEMS:
A. Consider Cancellation of the October 28, 2008 Regular Meeting. Staff
Recommendation: Direct staff to post a notice of meeting cancellation for
the October 28, 2008 regular meeting.
Chair Peskay indicated the County of Board of Supervisors will be rotating
their meetings and they will be meeting in the City of Moorpark's Apricot
Room on October 28, 2008.
MOTION: Commissioner Di Cecco moved and Vice Chair Hamous seconded a
motion to direct staff to post a notice of cancellation for the October 28, 2008,
regular meeting. The motion carried by voice vote 3 -0, Commissioners Landis
and Taillon absent.
AT THIS POINT in the meeting the Consent Calendar was heard.
Minutes of the Planning Commission
Moorpark, California Page 3 June 24, 2008
10. CONSENT CALENDAR:
MOTION: Commissioner Hamous moved
motion to approve the Consent Calendar.
Commissioners Landis and Taillon absent.
and Commissioner Di Cecco seconded a
The motion carried by voice vote 3 -0,
A. Consider Approval of the Regular Meeting Minutes of April 22, 2008. Staff
Recommendation: Approve the minutes.
B. Consider Approval of the Minutes of the Joint Meeting of the City Council
and Planning Commission Meeting of April 23, 2008. Staff
Recommendation: Approve the minutes.
AT THIS POINT in the meeting the Commission returned to the agenda as written.
8. PUBLIC HEARINGS: (next Resolution No. PC- 2008 -532)
A. Consider Conditional Use Permit No. 2008 -02, a Reauest to Install a
Wireless Communications Facilitv at 12778 Tierra Reiada Road on the
Application of Omnipoint Communications, Inc. Staff Recommendation: 1)
Open the public hearing, accept public testimony and close the public
hearing; 2) Adopt Resolution No. PC- 2008 -532, approving Conditional
Use Permit No. 2008 -02, subject to conditions.
Mr. Carrillo gave the staff report. He clarified that on stamped page 3 of
the staff report, under equipment enclosure, the proposed underground
vault is located 112 feet away from the west property line and 80 feet
away from the east property line.
A discussion followed among Commissioners and staff regarding the need
for grading to install the equipment vault, wireless coverage benefit,
radiation to be in compliance with the law, FCC Standards and the
Telecommunications Act of 1996.
Chair Peskay opened the Public Hearing.
Courtney Schmidt, Omnipoint Communications (Team Mobile), applicant,
63030 Owensmouth, Woodland Hills Ohio, spoke in favor of the project for
the purpose of meeting customer coverage needs, specifically in
residential areas. Ms. Schmidt indicated the application being considered
was previously approved by the Planning Commission in April 2004 for
Singular Wireless and as a result of frequency changes and the merger
between AT &T and Singular; the application has been released in
Southern California to Team Mobile. Ms. Schmidt addressed the question
in regard to FCC standards which she indicated the application does meet
Minutes of the Planning Commission
Moorpark, California Page 4 June 24, 2008
FCC standards and the conditions of approval. She stated Team Mobile is
in compliance and will remain in compliance.
A discussion followed among Commissioners, the applicant and staff
regarding design issues, visual impacts, camouflaging, the need for
grading to install the equipment vault, reviewing the best and /or most
efficient installation and location, and the approval of the height
installation.
Mr. Bobardt addressed the grading question, which he indicated the site
was already graded by the AT &T project. He also indicated a requirement
comparable to condition number 22, on stamped page 20, for the
applicant to replace vegetation.
Ms. Schmidt clarified the antennas are at fifty -five feet and the total overall
structure is seventy -five feet.
Bud Tleimat, Homeowner, Moorpark, California expressed his opposition
to the project. The concern he expressed was the compromising of the
value of his property. He also indicated the Notice he received was post-
marked ten days ago and stated his close neighbors are on vacation and
the short notice does not provide sufficient time for them to respond. He
addressed his preference is to have then install a camouflaged antennae
or mono pole. Mr. Tleimat submitted a photo of the existing site and
indicated it was different than what is pictured in the exhibit.
In response to Chair Peskay, Ms. Garza stated there was one Written
Statement Cards in opposition of the project, which was read to the
Commission.
Ms. Schmidt responded to address the picture submitted by Mr. Tleimat
and stated antennae brackets is what is seen in the picture and indicated
those brackets were installed by Southern California Edison which are
approximately five feet in length and their antennae, which are four and a
half feet, will be attached to those brackets. She also clarified Team
Mobile is not putting up a tower but are utilizing an existing tower. She
also addressed valuation concerns expressed by property owners and
indicated there are studies which show residential structures and the sale
and re -sale values are substantially similar.
Chair Peskay closed the Public Hearing.
Commissioner Landis requested it be noted in the record to have the
speaker, Mr. Bud Tleimat, liaison with Mr. Bobardt and staff on this project
to consider his proposed options.
Minutes of the Planning Commission
Moorpark, California Page 5 June 24, 2008
MOTION: Commissioner Di Cecco moved and Vice Chair Hamous seconded a
motion to adopt Resolution No. PC- 2008 -532, approving Conditional Use Permit
No. 2008 -02, subject to conditions. The motion carried by voice vote 4 -0,
Commissioner Taillon absent.
11. ADJOURNMENT:
MOTION: Commissioner Landis moved and Commissioner Di Cecco seconded a
motion to adjourn. The motion carried by voice vote 4 -0, Commissioner Taillon absent.
The time was 7:59 p.m.
Robert Peskay, Chair
David A. Bobardt, Planning Director
'.010036