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HomeMy WebLinkAboutAG RPTS 2008 0923 PC REGPLANNING COMMISSION REGULAR MEETING AGENDA September 23, 2008 7:00 P.M. Resolution No. 2008 -535 Moorpark Community Center 799 Moorpark Avenue 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. Cancellation of October 28, 2008 Planning Commission Meeting B. Future Agenda Items: October 14, 2008 Special Meeting i. Tentative Tract Map No. 5869 (Grand Moorpark — Condominium Map) ii. Zoning Ordinance Amendment No. 2007 -01 (Wireless Facilities) iii. Conditional Use Permit No. 2008 -08 (Smart and Final) 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 September 23, 2008 Page 2 8. PUBLIC HEARINGS: (next Resolution No. PC- 2008 -535) A. Consider Conditional Use Permit No. No. 2008 -07 a Request to Allow a Wine and Cigar Club with Sales and Service of Beer and Wine and Sales and On site Smoking of Tobacco Products Located at 686 Walnut Street on the Application of Raymond Vorburger. 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 -07. (Staff: Freddy Carrillo) B. Consider Conditional Use Permit 2008 -06 a Pro Dosed Retail Tobacco and Accessories store Including Music Sales Located at 6593 Colllins Drive D -1A on the Application of Joshua Wright (Doughmain Smokeshop and Records) 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 -06. (Staff: Joseph Fiss) 9. DISCUSSION ITEMS: None. 10. CONSENT CALENDAR: A. Consider Approval of the Regular Meeting Minutes of August 26 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 11). \ \mor pri_serv\City Share\Community Development \COMMISSIONWGENDA\2008 \08 0923_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, September 23, 2008, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on September 18, 2008, at a conspicuous place at the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California. I declare under penalty of perjury that the foregoing is true and correct. Executed on September 18, 2008. 1 muh b& Jo a R. Figueroa, Administrative Assistant SACommunity Development \COMMISSIONWGENDA\2008 \08 0923_aop.doc NOTICE OF CONTINUANCE OF OPEN PUBLIC HEARING Due to adjournment of the Planning Commission's September 23, 2008, regular meeting, a duly noticed public hearing regarding: Consider Conditional Use Permit 2008 -06 a Proposed Retail Tobacco and Accessories store Including Music Sales Located at 6593 Colllins Drive D -1A, on the Application of Joshua Wright (Doughmain Smokeshop and Records). was continued to a Planning Commission Adjourned meeting to be held on October 14, 2008, at 7:00 p.m. in the Community Center located at 799 Moorpark Avenue, Moorpark, California. Dated: September 24, 2008 A, MA Jo c R. Figueroa, Adininistrative Assistant STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss CITY OF MOORPARK ) AFFIDAVIT OF POSTING NOTICE OF ADJOURNMENT I, Joyce R. Figueroa, declare as follows: That I am the Secretary to the Planning Commission of the City of Moorpark and that a Notice of Adjournment was posted adjourning the Regular Moorpark Planning Commission Meeting of September 23, 2008 at 7:00 p.m. at the Community Center, located at 799 Moorpark Avenue, Moorpark, California. A copy of said Notice was posted on September 24, 2008, at a conspicuous place at the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California. I declare under penalty of perjury that the foregoing is true and correct Executed on September 24, 2008. OFiqueroa Jo ce Administrative Assistant NOTICE OF CONTINUANCE OF OPEN PUBLIC HEARING Due to adjournment of the Planning Commission's September 23, 2008, regular meeting, a duly noticed public hearing regarding: Consider Conditional Use Permit No No 2008 -07 a Request to Allow a Wine and Cigar Club with Sales and Service of Beer and Wine and Sales and On -site Smoking of Tobacco Products Located at 686 Walnut Street on the Application of Raymond Vorburger. was continued to a Planning Commission Adjourned meeting to be held on October 14, 2008, at 7:00 p.m. in the Community Center located at 799 Moorpark Avenue, Moorpark, California. Dated: September 24, 2008 ai,pl- h -N I I A Alm Jo ce . Figueroa, Ad inistrative Assistant STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss CITY OF MOORPARK ) AFFIDAVIT OF POSTING NOTICE OF ADJOURNMENT I, Joyce R. Figueroa, declare as follows: That I am the Secretary to the Planning Commission of the City of Moorpark and that a Notice of Adjournment was posted adjourning the Regular Moorpark Planning Commission Meeting of September 23, 2008 at 7:00 p.m. at the Community Center, located at 799 Moorpark Avenue, Moorpark, California. A copy of said Notice was posted on September 24, 2008, at a conspicuous place at the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California. I declare under penalty of perjury that the foregoing is true and correct. Executed on September 24, 2008. QMU � I U m7k J —cg R. Figueroa Administrative Assistant ITEM: 8.A. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: David A. Bobardt, Planning Director Prepared by Freddy A. Carrillo, Assistant Planner I DATE: September 16, 2008 (PC Meeting of 09/23/08) SUBJECT: Consider Conditional Use Permit (CUP) No. 2008 -07, a Request to Allow a Wine and Cigar Club with Sales and Service of Beer and Wine, and Sales and On -Site Smoking of Tobacco Products, Located at 686 Walnut Street on the Application of Raymond Vorburger BACKGROUND /DISCUSSION A full report will be provided for the October 14, 2008 adjourned Planning Commission Meeting. ®001 ITEM: 8.13. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: David Bobardt, Planning or'VY Prepared by Joseph Fiss, Principal Planner DATE: September 16, 2008 (PC Meeting of 9/23/08) SUBJECT: CONSIDER CONDITIONAL USE PERMIT (CUP) NO. 2008 -06, A PROPOSED RETAIL TOBACCO AND ACCESSORIES STORE, INCLUDING MUSIC SALES, LOCATED AT 6593 COLLINS DRIVE D -1A JOSHUA WRIGHT (DOUGHMAIN SMOKESHOP AND RECORDS) BACKGROUND /DISCUSSION A full report will be provided for the October 14, 2008 adjourned Planning Commission Meeting. \\mor_pri_sery \City Share\Community Development \DEV PMTS \C U P\2008\2008 -06 Doughmain \PC Agenda Report 091608.d 00 2, ITEM: 10.A. MINUTES OF THE PLANNING COMMISSION Hu ust Z6 201 A Regular Meeting of the Planning Commission of the City of Moorpark was held on August 26, 2008, in the Council Chambers of said City located at 799 Moorpark Avenue; Moorpark, California. p 1 . CALL TO ORDER: Chair Peskay called the meeting to order at 7:05 p.m. 2. PLEDGE OF ALLEGIANCE: Commissioner Di Cecco led the Pledge of Allegiance. 3. ROLL CALL: Present: Planning Commissioners Di Cecco, Landis, Taillon, Vice Chair Hamous, and Chair Peskay. Staff Present: David Bobardt, Planning Director; Joseph Fiss, Principal Planner; Freddy Carrillo, Community Development Technician; and Joyce Figueroa, Administrative Assistant. 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: None. 5. PUBLIC COMMENT: None. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS AND REPORTS MEETINGS /CONFERENCES ATTENDED BY THE COMMISSION: ON (Future agenda items are tentative and are subject to rescheduling.) A. Future Agenda Items: September 23, 2008 i. Zoning Ordinance Amendment 2006 -03 ii. Conditional Use Permit 2008 -06 Doulr hMain Facilities — c 1 and Accessories) ( g Tobacco and iii. Conditional Use Permit 2008 -07 (Vorburger — Wine and Cigar Club) '�'v () U (s (y 3 Minutes of the Planning Commission Moorpark, California Page 2 August 26 2008 iv. Tentative Tract Map 5869 (Grand Moorpark — Condominium Map) v. Conditional Use Permit 2003 -05 (National Ready Mix — Concrete Batch Plant) Mr. Bobardt briefly discussed the future agenda items. 8. PUBLIC HEARINGS: (next Resolution No. PC- 2008 -533) A. 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 Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; 2) Adopt Resolution No. PC- 2008 -533, conditionally approving Conditional Use Permit No. 2008 -03. (Staff: Freddy Carrillo) Commissioner Di Cecco recused himself to avoid a potential conflict of interest and stepped down from the dais. The time was 7:07 p.m. Mr. Carrillo gave the staff report. A discussion followed among Commissioners and staff regarding the area and benefits of the Right of Way Dedication, and proposal date of improvements. Chair Peskay opened the Public Hearing. Mark Di Cecco, Di Cecco Architecture, applicant representative, 5146 North Commerce Avenue #A, Moorpark, California stated he was available to answer questions only. A discussion followed among Commissioners and the applicant representative regarding water usage, recycling process for this project, size of diesel tank that is being added, improvements to the project, and landscaping treatments. Mike McGuiness, Ryko Manufacturing and Engineer for the project discussed the automated car wash which will be unattended and self - service. MOTION: Vice Chair Hamous moved and Commissioner Taillon seconded a motion to adopt Resolution No. PC- 2008 -533, approving Conditional Use Permit No. 2008 -03, subject to conditions. The motion carried by voice vote 4 -0, Commissioner Di Cecco absent. SACommunity Development\ COMMISSION \MINUTES\2008 \08_0826_pcm.doc 't (.)CSC; I Minutes of the Planning Commission Moorpark, California Page 3 August 26 2008 Commissioner Di Cecco returned to the dais at 7:31 p.m. The Planning Commission has final approval authority for this project. 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 Digital 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 -534 recommending to the City Council approval of General Plan Amendment No. 2008 -01 and Zone Change No. 2008 -01. (Staff: David Bobardt) Mr. Bobardt gave the staff report. A discussion followed among Commissioners and staff regarding whether the maps will be available online and will they allow aerial views. Chair Peskay opened the Public Hearing. There were no speakers present for this item. Chair Peskay closed the Public Hearing. MOTION: Commissioner Landis moved and Commissioner Di Cecco seconded a motion to adopt Resolution No. PC- 2008 -534, approving General Plan Amendment No. 2008 -01 and Zone Change No. 2008 -01, subject to conditions. The motion carried by unanimous voice vote. The City Council has final approval authority for this project. C. 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 Fortv -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) Mr. Fiss gave the staff report. SACommunity Development\ COMMISSION \MINUTES\2008 \08_0826_pcm.doc () 5 Minutes of the Planning Commission Moorpark, California Page 4 August 26 2008 A discussion followed among Commissioners and staff regarding proximity of sign to setbacks to landscape planters, height of tower element, square footage and width of potential sign area, was Sign Ordinance approved by Planning Commission in 2005 citywide for 50,000 square feet for all shopping centers greater than 50,000 square feet, height of pylon sign measured from the ground level, opportunities to change the grade to the pylon height, what opportunities would an applicant have to do off -site advertising, ability to light the sign with overhead light or internally, setback requirements for the sign, and limited parking. Chair Peskay opened the Public Hearing. Bruce Rokos, Signs Pacific, applicant, 4321 Fireside Lane, Moorpark, California, spoke in favor of the project and presented a presentation of the plans for the project. A discussion followed among Commissioners, the applicant and staff regarding proximity of sign to the property line, distance between the pylon sign and building itself, number of tenants able to put on the sign, proposed Matrix, Spot Zoning, adding additional pylon signs on the site, width of element where sign is itself, size of square frame work, is there any need for south fascia, and the term 'Neighborhood Shopping Centers.' Debbie Voss, owner - operator of McDonalds, 2207 Silver Star Street, Simi Valley, California, spoke in favor of the project and stated she was available for questions. Tim Rosevear, resident, 15265 Alyssas Court, Moorpark, California, expressed his opposition of the project and stated he was available for questions. Patrick Ellis, Moorpark Chamber of Commerce, 18 East High Street, Moorpark, California spoke in favor of the project and stated he was available for questions. Chair Peskay closed the Public Hearing. Mr. Bobardt recommended that the withdrawn and that a new application applicant is now requesting. application under consideration be be filed to state specifically what the MOTION: Commissioner Landis moved and Commissioner Di Cecco seconded a motion to remove the item from the calendar to be re- noticed at a later date. The motion carried by unanimous voice vote. SACommunity Development\ COMMISSION \MINUTES\2008 \08_0826_pcm.doc " 0 () O S ? . ll ll Minutes of the Planning Commission Moorpark, California Paqe 5 August 26 2008 9. DISCUSSION ITEMS: A. None. 10. CONSENT CALENDAR: MOTION: Commissioner Landis moved and Commissioner Taillon seconded a motion to approve the Consent Calendar. The motion carried by unanimous voice vote. A. Consider Approval of the Regular Meeting Minutes of June 24, 2008. Staff Recommendation: Approve the minutes. 11. ADJOURNMENT: MOTION: Commissioner Landis moved and Chair Peskay seconded a motion to adjourn. The motion carried by unanimous voice vote. The time was 9:15 p.m. Robert Peskay, Chair David A. Bobardt, Planning Director SACommunity Development\ COMMISSION \MINUTES\2008 \08_0826_pcm.doc