HomeMy WebLinkAboutAG RPTS 2008 1014 PC ADJPLANNING COMMISSION MEETING
ADJOURNED ALL ITEMS
TO
TUESDAY, OCTOBER 14, 2008
7:00 P.M.
PLANNING COMMISSION
REGULAR MEETING AGENDA
September 23, 2008
7:00 P.M.
Moorpark Community Center 799 Moorpark Avenue
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS:
5. 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
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.mooroark 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.
Adjourned - Planning Commission Meeting Agenda
From: September 23, 2008
To: October 14, 2008
Page 2
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)
8. PUBLIC HEARINGS: (next Resolution No. PC- 2008 -535)
A. Consider Conditional Use Permit No. No. 2008 -07 a Re guest 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 A plication 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 osed 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 II).
S: \Community Development \COMMISSION\AGENDA \2008 \08 1014_agn_adi.doc
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.
J c R. Figueroa
Administrative Assistant
NOTICE OF CONTINUANCE OF OPEN PUBLIC HEARING
At the adjourned meeting of the Planning Commission's October 14, 2008,
meeting, a duly 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. (Continued from September
23, 2008 regular meeting)
was continued to a Planning Commission Regular meeting to be held on November 25,
2008, at 7:00 p.m. in the Community Center located at 799 Moorpark Avenue,
Moorpark, California.
Dated: October 15, 2008
4cb R. Figuero , Administrative Assistant
CADocuments and Settings \jfigueroa \Desktop \08 1014_nofcofph_8.a._adj.doc
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 Continuance of Open 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. (Continued from September
23, 2008 regular meeting)
Continued from September 23, 2008 and October 14, 2008, was posted on October 15,
2008, at a conspicuous location near the place of meeting:
Moorpark Community Center
799 Moorpark Avenue
Moorpark, California
I declare under penalty of perjury that the foregoing is true and correct.
Executed on October 15, 2008.
Jo c R. Figueroa
Administrative Assistant
CADocuments and Settings \jfigueroa \Desktop \08 1014_n0fc0fph_8.a._adj.doc
ITEM: 8.A.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM:
11_�
David A. Bobardt, Planning Director
Prepared by Freddy A. Carrillo, Assistant Planner I
DATE: October 9, 2008 (PC Adjourned Meeting of 10/14/2008)
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
Staff is requesting a continuance on this case to November 25, 2008 to resolve parking
and use issues.
STAFF RECOMMENDATION
1. Open the public hearing and accept public testimony.
2. Continue the case with the public hearing open to November 25, 2008
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"00061
ITEM: 8.13.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: David A. Bobardt, Planning Director
Prepared by Joseph Fiss, Principal Plannfo;'
DATE: September 29, 2008 (PC Adjourned Meetin0/14 /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, IN
THE CAMPUS PLAZA CENTER ON THE APPLICATION OF JOSHUA
WRIGHT (DOUGHMAIN SMOKESHOP AND RECORDS)
BACKGROUND
A Conditional Use Permit application was filed by Joshua Wright on August 11, 2008, for a
tobacco and smoking accessories store in the Campus Plaza shopping center located at
the southwest corner of Campus Park Drive and Collins Drive. The lease space is
approximately 1,200 square feet, of which approximately 900 square feet would be for
retail space (which would also include music sales) and 300 square feet would be for
restroom, storage and office use.
DISCUSSION
Project Setting
Existino Site Conditions:
The recently completed Campus Plaza shopping center includes a mix of retail, service,
and restaurant uses. 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.
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Honorable Planning Commission
October 14, 2008
Page 2
Administrative Permit No. 2004 -16 was approved on November 17, 2004, to permit the
sale of beer and wine at the Shell Station convenience store within this center.
Conditional Use Permit No. 2007 -04 was approved on February 26, 2008 to permit the sale
of liquor, beer, and wine at a convenience store.
GENERAL PLAN /ZONING
Direction
General Plan
Zonin
Land Use
Site
General Commercial
Commercial
(C -2)
Planned
Shopping Center
.......... ............ .......... .
Development CPD
.................
esidential Planned
North
Medium Density
Development/5
Single - Family
Residential (M)
Units per Acre
Residential
......... ...._
...
(RPD 5U)
South
Right -of -Way
............
..............Freeway
(FWY-R /W
N /A
Freeway
East
........
Freeway Right -of -Way
_ _._ .
(FWY -R/W)
.............. ...........
N/A
Freeway
Planned
West
Very High Density I
Development/12
Residential
Residential (VH)
Units per Acre
Condominiums
RPD -12u)
General Plan and Zoning Consistency_:
The General Commercial land use designation in the General Plan is intended to provide
for a wide range of retail and service activities. The Zoning Ordinance requires Planning
Commission approval of a Conditional Use Permit for Tobacco stores in the Commercial
Planned Development (CPD) Zone. This allows for consideration of the compatibility of the
proposed use with surrounding uses in making findings on the application, and adoption of
conditions of approval as deemed necessary.
ANALYSIS
Issues
Staff analysis of the proposed project has identified the following issue areas for Planning
Commission consideration:
Neighborhood Compatibility
The findings require that 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
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Honorable Planning Commission
October 14, 2008
Page 3
use is located within one thousand (1,000) feet of Moorpark College, College View Park,
and Campus Canyon School. However, there are no separation requirements for the
proposed use.
The applicant has proposed hours of operation from 10:00 a.m. to 10:00 p.m., Sunday
through Thursday, and until 11:00 p.m. on Friday and Saturday. This is consistent with the
permitted hours of operation of the shopping center, which are 5:00 a.m. to 12:00 a.m.
It is important to ensure that the surrounding residential uses are not negatively impacted
by the introduction of this use. The attached resolution contains a condition that amplified
music within the facility may not be loud enough to be heard from outside of the facility.
Conditions have also been added regarding loitering and maintaining the rear door closed.
The only other tobacco store in Moorpark is the Tobacco Zone, which is a legal non-
conforming use, permitted prior to the Conditional Use Permit requirement. Tobacco Zone
is primarily a cigar /cigarette /tobacco store with limited accessories available. There is no
record of Code Compliance and neighborhood compatibility problems associated with
Tobacco Zone. Conditions are recommended to prohibit the display of tobacco and
smoking accessories in areas viewable from the outside and to require signage prohibiting
entry of the store by minors.
Findings
1. The proposed use is consistent with the provisions of the general plan,
zoning ordinance, and any other applicable regulations in that tobacco stores are
conditionally permitted within the zone, and conditions of approval have been proposed
to mitigate potential problems;
2. The proposed use as conditioned is compatible with both existing and
permitted land uses in the surrounding area in that it is primarily a retail use proposed
within a retail shopping center;
3. The proposed use as conditioned is compatible with the scale, visual
character, and design of surrounding properties in that there will be no changes to the
exterior of the building as a result of the application;
4. The proposed use would not be obnoxious or harmful, or impair the utility
of neighboring property or uses in that conditions of approval have been proposed to
prohibit on -site smoking and loitering; and
5. The proposed use as conditioned would not be detrimental to the public
health, safety, convenience, or welfare in that the only products proposed to be sold are
legally sold and regulated within the State of California.
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'0004
Honorable Planning Commission
October 14, 2008
Page 4
PROCESSING TIME LIMITS
Time limits have been established for the processing of development projects under the
Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the
Subdivision Map Act (Government Code Title 7, Division 2), and the California
Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13,
and California Code of Regulations, Title 14, Chapter 3). Under the applicable provisions
of these regulations, the following timelines have been established for action on this
project:
Date Application Determined Complete: September 10, 2008
Planning Commission Action Deadline: December 9, 2008
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 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 -2008- conditionally approving Conditional Use
Permit No. 2008 -06.
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", )00 ()5
Honorable Planning Commission
October 14, 2008
Page 5
ATTACHMENTS:
1. Location Map
2. Aerial Photograph
I Project Exhibits
A. Site Plan
B. Floor Plan
4. Draft PC Resolution with Conditions of Approval
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PC ATTACHMENT 3.B.
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RESOLUTION NO. PC -2008-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT (CUP) NO. 2008 -06, A PROPOSED
RETAIL TOBACCO AND ACCESSORIES STORE, INCLUDING
MUSIC SALES, LOCATED AT 6593 COLLINS DRIVE D -1A , ON
THE APPLICATION OF JOSHUA WRIGHT (DOUGHMAIN
SMOKESHOP AND RECORDS)
WHEREAS, at a duly noticed public hearing on October 14, 2008, the Planning
Commission considered Conditional Use Permit (CUP) No. 2008 -06 on the application
of Joshua Wright (Doughmain Smokeshop and Records) for a proposed retail tobacco
and accessories store, including music sales, located at 6593 Collins Drive D -1 A; and
WHEREAS, at its adjourned meeting of October 14, 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 (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. 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 provisions of the general plan,
zoning ordinance, and any other applicable regulations in that tobacco stores are
conditionally permitted within the zone, and conditions of approval have been proposed
to mitigate potential problems;
B. The proposed use as conditioned is compatible with both existing and
permitted land uses in the surrounding area in that it is primarily a retail use proposed
within a retail shopping center;
C. The proposed use as conditioned is compatible with the scale, visual
character, and design of surrounding properties in that there will be no changes to the
exterior of the building as a result of the application;
PC ATTACHMENT 4
"Imoll
Resolution No. PC -2008-
Page 2
D. The proposed use would not be obnoxious or harmful, or impair the utility
of neighboring property or uses in that conditions of approval have been proposed to
prohibit on -site smoking and loitering; and
E. The proposed use as conditioned would not be detrimental to the public
health, safety, convenience, or welfare in that the only products proposed to be sold are
legally sold and regulated within the State of California.
SECTION 2. APPROVAL OF PROJECT: The Planning Commission approves
Conditional Use Permit No. 2008 -06 subject to the Conditions of Approval included in
Exhibit A (Conditions of Approval), attached hereto and incorporated herein by
reference.
SECTION 3. FILING OF RESOLUTION: The Planning Director shall cause a
certified resolution to be filed in the book of original resolutions.
The action of the foregoing direction was approved by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
PASSED, AND ADOPTED this 14th day of October, 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 (CUP) NO. 2008-07
1. The applicant's acceptance of this permit and /or commencement of construction
and /or operations under this permit is deemed to be acceptance of all conditions
of this permit.
2. All Conditions of Approval for Commercial Planned Development Permit No.
2000 -04 are incorporated by reference in this approval and shall continue to
apply unless specifically modified by this permit.
3. The Conditions of Approval of this permit, City of Moorpark Municipal Code and
adopted city policies at the time of the permit approval supersede all conflicting
notations, specifications, dimensions, typical sections and the like which may be
shown on plans.
4. Conditions of this entitlement 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.
5. 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.
6. 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.
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Resolution No. PC -2008-
Page 4
7. The development must be in substantial conformance with the plans presented in
conjunction with the application for Conditional Use Permit No. 2008 -06, except
any modifications as may be required to meet specific Code standards or other
conditions stipulated herein.
8. 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.
9. Approval of a Zoning Clearance is required prior to the issuance of building
permits. All other permit and fee requirements must be met.
10. Entertainment is not approved as part of this Conditional Use Permit and requires
approval of a separate permit.
11. Security personnel must be provided to monitor the exterior area(s) designated
for use by customers of the facility during any activity that may require the need
for additional security. The applicant shall work with the Police Department, Fire
Department, and Community Development Department staff to determine which
activities require additional security. The owner /manager shall be required to
obtain Temporary Use Permit approval from the City of Moorpark when a
scheduled activity could create a need for increased police presence. The only
exception is for special events held by Moorpark -based non - profit groups.
12. 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.
13. No person under the age of eighteen (18) is allowed to enter and remain within
the facility at any time. Signage must be posted on the door indicating th.is
prohibition to the satisfaction of the Planning Director.
14. No person under the age of eighteen (18) may sell or package tobacco products
or smoking paraphernalia.
15. All exterior areas of the site, including parking areas under use by the facility,
must be maintained free of litter and debris at all times.
16. Hours of operation allowed by this Conditional Use Permit are limited to between
10:00 a.m. and Midnight.
17. Areas inside the establishment open to customers must be illuminated sufficiently
to allow the identification of persons.
18. The applicant or his /her designee shall be responsible to police the exterior of the
business to assure that there is no loitering of store customers in the parking lot
or in areas adjacent to the facility. The rear door must remain closed and locked
during business hours.
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Resolution No. PC -2008-
Page 5
19. No exterior advertising of any kind or type is allowed promoting or indicating the
availability of tobacco or tobacco accessories, except within the name of the
facility on a permitted sign. Interior advertising and displays for tobacco or
tobacco accessories that are clearly visible to the exterior constitute a violation of
this condition.
20. 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.
21. Conditional Use Permit No. 2008 -06 may be revoked or its use suspended by the
City, if any of the causes listed in Section 17.44.100.B 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.
22. 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.
-End-
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ITEM: 10.A.
MINUTES OF THE PLANNING COMMISSION
Moorpark, California August 26 2008
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.
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 ON
MEETINGS /CONFERENCES ATTENDED BY THE COMMISSION:
(Future agenda items are tentative and are subject to rescheduling.)
A. Future Agenda Items: September 23, 2008
i. Zoning Ordinance Amendment 2006 -03 (Wireless Facilities — SB 1627)
ii. Conditional Use Permit 2008 -06 (DoughMain - Tobacco and
Accessories)
iii. Conditional Use Permit 2008 -07 (Vorburger — Wine and Cigar Club)
00016
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.
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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
availability of the maps online and allowance for 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 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)
Mr. Fiss gave the staff report.
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Questions from Commissioners were responded to by staff regarding
proximity of sign to setbacks to landscape planters, height of tower
element, square footage and width of potential sign area, when the Sign
Ordinance was approved, height of pylon sign measured from the ground
level, opportunities to change the grade, opportunities for off -site
advertising, ability to light the sign with overhead light or internally,
setback requirements for the sign, and 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.
Questions followed from Commissioners, which were addressed by 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 be
on the sign, proposed Matrix, spot zoning, adding signs, width of pylon
sign, size of square frame work, 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.
9. DISCUSSION ITEMS:
A. None.
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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
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