HomeMy WebLinkAboutAG RPTS 2008 1125 PC REGPLANNING COMMISSION
REGULAR MEETING AGENDA
November 25, 2008
7:00 P.M.
Resolution No. 2008 -538
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:
i. Rescinding Toll Mazur DA, GPA, ZC
ii. CUP and IPD for Pacific Pride Fueling Station
iii. CUP for National Ready Mix
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
November 25, 2008
Page 2
8. PUBLIC HEARINGS: (next Resolution No. PC- 2008 -538)
A. Consider Conditional Use Permit (CUP) 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 October 14, 2008
Adjourned Regular Meeting) Staff Recommendation: 1) Continue accepting
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 No. 2007 -01, A Request to Install a Wireless
Communications Facility on an Existing Southern California Edison High Voltage
Electrical Pole with an Above - Ground Equipment Enclosure, Located Within a
Landscape Plant Nursery at 12777 Tierra Rejada Road Approximately 2,010 Feet
North of Williams Ranch Road, on the Application of Royal Street Communication,
LLC, for Metro PCS Staff Recommendation: 1) Open the public hearing, accept
public testimony, and close the public hearing; 2) Adopt Resolution No. PC -2007-
approving Conditional Use Permit No. 2007 -01. (Staff: Freddy Carrillo)
C. Consider Conditional Use Permit No. 2008 -09, a Request to Install a New Thirty -
Five Foot (35') Tall "Monopine" Wireless Communication Facility at the Ventura
County Water Works Reservoir District 1 (South of Tierra Rejada, Between
Thomasville Court and Sunnyslope Place), on the Application of Vince Anaya, for
Verizon Wireless. Staff Recommendation: 1) Open the public hearing, accept
public testimony; 2) Continue the case with the public hearing open to January 27,
2009. (Staff: Freddy Carrillo)
D. Consider Conditional Use Permit 2008 -10, a CUP to Allow a Casual Restaurant
with Sale and Service of Beer and Wine for On -site Consumption at 6593 Collins
Drive #D -4 (Campus Plaza Moorpark), on the Application of Thomas Farley
(Chronic Taco Industries). Staff Recommendation: 1) Open the public hearing,
accept public testimony, and close the public hearing; 2) Adopt Resolution No. PC-
2008- approving Conditional Use Permit No. 2008 -10. (Staff: Joseph Fiss)
9. DISCUSSION ITEMS:
A. Consider Cancellation of December 23, 2008 Regular Planning Commission
Meeting Staff Recommendation: Direct staff to post a notice of meeting
cancellation for the December 23, 2008 regular meeting. (Staff: David Bobardt)
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Regular Planning Commission Meeting Agenda
November 25, 2008
Page 3
10. CONSENT CALENDAR:
A. Consider Approval of the Adjourned Regular Meeting Minutes of October 14,
2008. Staff Recommendation: Approve the minutes.
B. Consider Approval of the Special Meeting Minutes of October 14, 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).
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ITEM 8.A.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
�i
FROM: David A. Bobardt, Planning Director
Prepared by Freddy A. Carrillo, Assistant Planner I _f�
DATE: November 19, 2008 (PC Meeting of 011/25/2008)
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
A Conditional Use Permit application was filed by Ray Vorburger on August 8, 2008, to
allow a Wine and Cigar Club with sales and service of beer and wine for on -site and off -
site consumption within a 320 square -foot building at 686 Walnut Street. The public
hearing was opened at a regular adjourned meeting of the Planning Commission on
October 14, 2008. No speakers were present, and the item was continued with the
hearing open at the request of staff.
DISCUSSION
Project Setting
Existing Site Conditions:
The proposed use is located within a recently remodeled 320 square -foot building on a
site with Walnut Street north of High Street.
Previous Applications:
Administrative Permit (AP) No. 2007 -07, to permit improvements to the site, fagades,
and parking areas of two (2) buildings located on one (1) lot at 686 and 690 Walnut
Street was approved on October 11, 2007. Prior to that time, the 3,600 square foot
building on the site was used as a vehicle storage building, and the subject building was
used as a dog groomer.
R
Honorable Planning Commission
November 25, 2008
Page 2
GENERAL
PLAN/ZONING
Direction
General Plan
Zoning
Land Use
Site
Old Town Commercial
C -OT: Old Town
Retail
(Downtown Specific Plan)
Commercial
. .... ......................
......................... ..........
North
Medium. Density Residential
__ ................................................ ........ . ..........
R -1 Single Family
... ....................................
Church
(Downtown Specific Plan)
Residential
........
South
Old Town Commercial
..... .........
C -OT: Old Town
Retail
(Downtown Specific Plan)
.. ....... _.......
Commercial
.......................................... ...... .......
.............. ....... _ .. ........ ......
East
Medium Density Residential
R -1 Single Family
Single Family
(Downtown Specific Plan)
Residential
Dwelling
.
......... ........
West
........
Medium Density Residential
.......... .... .......
R -1 Single Family
.......
Single Family
Downtown Specific Plan
Residential
Dwelling
General Plan and Zoning Consistency:
The Zoning Ordinance requires Planning Commission approval of a Conditional Use
Permit to allow on- premises sale and consumption of any alcoholic beverages. The
applicant's proposal is consistent with the C -OT (Old Town Commercial) Zoning
Classification.
The project site is within the Downtown Specific Plan area. The Old Town Commercial
land use designation in the Downtown Specific Plan is intended to focus and encourage
preferred commercial uses in the downtown area. This request is consistent with this
designation.
Parking:
No off - street parking is proposed. During review of the previous Administrative Permit
for the remodeling of this building, credit for retail /service use was established for the
previous dog - grooming facility. Therefore, no parking is required for this use, which is
primarily a retail establishment. Parking on Walnut Street is sufficient for this use.
ANALYSIS
Issues
Staff analysis of the proposed project has identified control of the service of alcoholic
beverages as the primary issue for Planning Commission consideration in their review
of the Conditional Use Permit application. Conditions are recommended by staff to
address security concerns associated with the service of alcoholic beverages. These
conditions are consistent with those applied to restaurants in Moorpark with alcoholic
beverage service.
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The applicant is concurrently processing a Type 42 application with the California
Department of Alcoholic Beverage Control (ABC) for beer and wine service and sales
for on site consumption. The ABC measures the number of businesses selling alcoholic
beverages by census tract, and compares this number to other census tracts in the
area. Based on these numbers, the ABC has determined that there is an over -
concentration of alcohol permits in Census Tract 76.04, where the project is located.
This census tract is a large census tract that includes the Village at Moorpark, Moorpark
Marketplace, Varsity Park Plaza, and Campus Plaza shopping centers, along with the
High Street commercial district. It currently has a healthy mix of commercial land uses,
which include a variety of stores, restaurants, auto repair and other services. An
alcohol permit for service at the new facility will not, in the opinion of Community
Development staff, result in a detrimental over - concentration of such permits. In order
for ABC to issue an alcohol license, the applicant must obtain a conditional use permit,
and subsequently the Community Development Department must issue a letter of
"Public Convenience and Necessity." This finding can be made for this license as it is a
unique use in the downtown that will contribute to its economic development.
The applicant has requested that the proposed hours of operation be from 10:00 a.m. to
8:00 p.m., daily. A condition has been added restricting the hours of operation to those
proposed. Any requested change could be considered at a later time through a permit
modification or adjustment process..
Conditions are recommended by staff and the Police Department, to address security
concerns associated with the service of alcoholic beverages.
It is important to ensure that the surrounding residential uses are not negatively
impacted by the introduction of this use. The attached resolution contains conditions
which allow amplified music within the facility provided that it cannot be heard from
outside of the facility. Conditions have also been added regarding loitering, maintaining
the rear door closed, and use of the rear patio.
A condition has also been included which requires the applicant to file an application for
a temporary use permit whenever the facility would be used for a special event or
reception. This would ensure compatibility with the adjoining land uses while
accommodating potential special events.
As mentioned above, the applicant has applied for a Type 42 alcohol license through
the California Department of Alcoholic Beverage Control (ABC). This license does not
require food service, and prohibits minors from entering. Although this is not a "bar" or
a "liquor store" in the traditional sense, staff has added a condition that, at no time shall
minors be permitted to enter the facility, and that signs stating such shall be posted at
all entrances. Since this use is unique, staff has also added a condition that will prohibit
this site from being a stand alone "bar ", "liquor store ", or "tobacco store" at any time.
The State of California restricts smoking in certain places of employment to ensure safe
workplaces. Retail or wholesale tobacco shops and private smokers' lounges are
exempt from the State provisions. These facilities are defined as follows:
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(A) "Private smokers' lounge" means any enclosed area in or attached to a retail or
wholesale tobacco shop that is dedicated to the use of tobacco products, including, but
not limited to, cigars and pipes.
(B) "Retail or wholesale tobacco shop" means any business establishment the main
purpose of which is the sale of tobacco products, including, but not limited to, cigars,
pipe tobacco, and smoking accessories.
The applicant has proposed to use a small outdoor patio as a fair weather smoking and
drinking area. Staff is concerned that this may adversely affect the residents of the
home to the east, and the occupants of the office building to the south. A condition of
approval has been added that would prohibit smoking activities in the outdoor patio.
Findings
A. The proposed use is consistent with the intent and provisions of the City's
General Plan, Zoning Ordinance, and other applicable regulations in that the
Planning Director has determined that the sale of cigars, beer, and wine for on-
site and off -site consumption is an anticipated type of use consistent with the
General Plan and Zoning.
B. The proposed use is compatible with both existing and permitted land uses in the
area in that this is an anticipated type of use where sale of beer and wine is not
unexpected.
C. The proposed use is compatible with the scale, visual character, and design of
surrounding development in that the sale of beer and wine for on -site and off -site
consumption is an anticipated type of use and does not require any modifications
to the approved building.
D. The proposed use would not be obnoxious or harmful, or impair the utility of
neighboring property or uses in that conditions are required to ensure proper
control of the sale of beer and wine for on -site and off -site consumption.
E. The proposed use would not be detrimental to the public interest, health, safety,
convenience, or welfare in that conditions are required to ensure proper control
of the sale of beer and wine for on -site and off -site consumption.
F. The use will not result in an over - concentration in the area of establishments
selling alcoholic beverages. The proposal is enhancing a new establishment
where such uses are traditionally anticipated, consistent with the land use
development pattern of the City of Moorpark.
G. The use will serve a public convenience in that the sale of liquor, including beer
and wine for on -site and off -site consumption is an anticipated use in the
Downtown Specific Plan area.
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H. The use will not create the need for increased police services in that conditions
are required to ensure proper control of the sale of beer and wine for on -site and
off -site consumption.
I. The requested use at the proposed location will not adversely affect the
economic welfare of the community.
J. The exterior appearance of the structure will not be inconsistent with the external
appearance of commercial structures already constructed or under construction
on surrounding properties, or within the immediate neighborhood so as to cause
blight, deterioration or substantially diminish property values within the
neighborhood.
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 7, 2008
Planning Commission Action Deadline: December 7, 2008
City Council Action Deadline: Not Applicable
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
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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
1. Continue accepting public testimony and close the public hearing.
2. Adopt Resolution No. PC -2008-
No. 2008 -07.
ATTACHMENTS:
1. Location Map
2. Aerial Photograph
3. Site Plan
conditionally approving Conditional Use Permit
4. Floor Plan
5. Draft PC Resolution with Conditions of Approval
& \Community Development \DEV PMTS \C U P \2008 \2008 -07 Vorburger\Agenda Reports \PC Report 080908.doc
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LOCATION MAP
PC ATTACHMENT I
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AERIAL PHOTOGRAPH
PC ATTACHMENT 2
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SITE PLAN
690 WALNUT LLC
JAMES HEIMLER AWHrrECT, W
Job MD.
-07050
W/FLOOR PLAN
& NOTES
COMMERCIAL—REMODEL—SITE IMPROVEMENT—PARKIING
686 & 690 WALNUT, MOORPARK, CA 93021
BLVD.. SWE 210 (819) sa-W
ARUNk C"ODU 913M FAX (818) 343-5815
LEGEND
• Dark Green areas
represent ,Paito cover
600sq ft & landscaping
• Light blue: glass cases
• Yellow: beverage
coolers
o 20
o 3x6
• Maroon: sofa (2x5)
• Greenish - Brown:
tables /counters
• Bright green: flat
screen television
• Tan area (16x 20):
main building:
sampling room,
bathroom (8 x 8),
humidor (8x8).
• Grey: walkways
o Rear walkway
is ramped for
handicapped
access
—
• Two benches
in front of
shop.
• Chess table
and chairs in
back patio
coverarea
PC ATTACHMENT 4
300.14
RESOLUTION NO. PC -2008-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT (CUP) NO. 2008 -07, A REQUEST
TO ALLOW A WINE AND CIGAR CLUB WITH SALES AND
SERVICE OF BEER AND WINE, LOCATED AT 686 WALNUT
STREET ON THE APPLICATION OF RAYMOND VORBURGER
WHEREAS, at a duly noticed public hearing on October 14, 2008 and November
25, 2008, the Planning Commission considered Conditional Use Permit (CUP) No.
2008 -07, for a request to allow a wine and cigar club with sales and service of beer and
wine, located at 686 Walnut Street; and
WHEREAS, at its meetings of October 14, 2008 and November 25, 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 Community Development
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 intent and provisions of the City's
General Plan, Zoning Ordinance, and other applicable regulations in that the
Planning Director has determined that the sale of cigars, beer, and wine for on-
site and off -site consumption is an anticipated type of use consistent with the
General Plan and Zoning.
B. The proposed use is compatible with both existing and permitted land uses in the
area in that this is an anticipated type of use where sale of beer and wine is not
unexpected.
C. The proposed use is compatible with the scale, visual character, and design of
surrounding development in that the sale of beer and wine for on -site and off -site
consumption is an anticipated type of use and does not require any modifications
to the approved building.
PC ATTACHMENT 5 f.
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 are required to ensure proper
control of the sale of beer and wine for on -site and off -site consumption.
E. The proposed use would not be detrimental to the public interest, health, safety,
convenience, or welfare in that conditions are required to ensure proper control
of the sale of beer and wine for on -site and off -site consumption.
F. The use will not result in an over - concentration in the area of establishments
selling alcoholic beverages. The proposal is enhancing a new establishment
where such uses are traditionally anticipated, consistent with the land use
development pattern of the City of Moorpark.
G. The use will serve a public convenience in that the sale of liquor, including beer
and wine for on -site and off -site consumption is an anticipated use in the
Downtown Specific Plan area.
H. The use will not create the need for increased police services in that conditions
are required to ensure proper control of the sale of beer and wine for on -site and
off -site consumption.
The requested use at the proposed location will not adversely affect the
economic welfare of the community.
J. The exterior appearance of the structure will not be inconsistent with the external
appearance of commercial structures already constructed or under construction
on surrounding properties, or within the immediate neighborhood so as to cause
blight, deterioration or substantially diminish property values within the
neighborhood.
SECTION 2. PLANNING COMMISSION RECOMMENDATION:
A. The Planning Commission approves Conditional Use Permit No. 2008 -07 subject
to the Conditions of Approval included in Exhibit A (Conditions of Approval),
attached hereto and incorporated herein by reference.
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Resolution No. PC -2008-
Page 3
SECTION 3. Filing of Resolution: The Planning Director shall cause a
certified resolution to be filed in the book of original resolutions.
The action of the foregoing direction was approved by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
PASSED, AND ADOPTED this 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 4
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. 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.
3. 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.
4. 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.
5. If any of the conditions or limitations of this approval are held to be invalid, that
holding shall not invalidate any of the remaining conditions or limitations set forth.
6. The development must be in substantial conformance with the plans presented in
conjunction with the application for Conditional Use Permit No. 2008 -07, except
any modifications as may be required to meet specific Code standards or other
conditions stipulated herein.
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Resolution No. PC -2008-
Page 5
7. 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.
8. Approval of a Zoning Clearance is required prior to the issuance of building
permits. All other permit and fee requirements must be met.
9. Entertainment is not approved as part of this Conditional Use Permit and requires
approval of a separate permit.
10. 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.
11. 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.
12. No person under the age of twenty -one (21) shall be allowed to enter and remain
within the facility at any time.
13. No person under the age of twenty -one (21) shall serve or package alcoholic
beverages.
14. All exterior areas of the site, including parking areas under use by the facility,
shall be maintained free of litter and debris at all times.
15. Conditional Use Permit No. 2008 -07 may be revoked or its use suspended by the
City, if any of the causes listed in Section 17.44.080.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.
16. 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.
17. Sales, service or consumption of beer and wine allowed by this Conditional Use
Permit are permitted only between the hours of 10:00 a.m. and 8:00 p.m.
18. Areas inside the establishment open to customers must be illuminated sufficiently
to allow the identification of persons.
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Resolution No. PC -2008-
Page 6
19. The applicant or his /her designee shall be responsible to police the exterior of the
business to assure that no beer or wine is consumed within the parking lot. The
applicant shall not permit any loitering in the parking lot or in areas adjacent to
the facility. The rear door must remain closed during business hours.
20. No exterior advertising of any kind or type is allowed promoting or indicating the
availability of alcoholic beverages, except within the name of the facility on a
permitted sign. Interior advertising displays for alcoholic beverages that are
clearly visible to the exterior constitute a violation of this condition.
21. Smoking activities in the outdoor patio are prohibited.
22. 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.
23. Any and all employees directly involved or supervising the sale /service of
alcoholic beverages shall provide evidence and the business shall maintain
records that employees have:
a. Received training from the State of California Department of Alcoholic
Beverage Control "Leadership and Education in Alcohol and Drugs" LEAD
program in the form of an ABC issued certificate.
b. The Owner /Manager shall confirm with the California Department of
Alcoholic Beverage Control within fifteen (15) days of hire any new
employee has been scheduled with the local (Santa Barbara ABC office)
to attend the LEAD program course. Alternatively, this course attendance
requirement may be met through a LEAD certified agency or company
approved by the State of California.
-End-
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ITEM: 8.13.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: David A. Bobardt, Planning Director I
BY: Freddy A. Carrillo, Assistant Planner I/
DATE: November 17, 2008 (PC Meeting of 11/25/2008)
SUBJECT: Consider Conditional Use Permit No. 2007 -01, A Request to Install a
Wireless Communications Facility on an Existing Southern California
Edison High Voltage Electrical Pole with an Above - Ground
Equipment Enclosure, Located Within a Landscape Plant Nursery at
12777 Tierra Rejada Road Approximately 2,010 Feet North of
Williams Ranch Road, on the Application of Royal Street
Communication, LLC, for Metro PCS
BACKGROUND
On May 10, 2007, an application was filed by Tricia Knight, of Royal Street
Communication, LLC, on behalf of Metro PCS for Conditional Use Permit (CUP) No.
2007 -01, to install a wireless communications facility within a Southern California
Edison high voltage electrical transmission corridor approximately 2,010 feet north of
Williams Ranch Road between the Willows, Park View Estates, and Mission Ridge
neighborhoods. The proposed facility consists of six panel antennas and one
microwave dish antenna at a height of thirty -five feet, on an existing eighty -foot high
electrical transmission pole. The original application included a proposal to place all
necessary mechanical support equipment within an underground vault. The original
public hearing date was scheduled for October 23, 2007. However, the item was not
reviewed as the applicant requested to take the item off calendar until further notice, to
redesign the wireless communications facility to include an above - ground enclosure to
house the mechanical support equipment. The applicant has indicated that construction
and maintenance of an above ground equipment enclosure is more affordable than an
underground vault and it is the preference of Metro PCS to only construct above - ground
equipment enclosures.
00-17
Honorable Planning Commission
November 25, 2008
Page 2
DISCUSSION
Project Setting
Existing Site Conditions:
The project site is located within a Southern California Edison (SCE) high voltage
electrical transmission corridor that runs north -south separating the Mountain Meadows
Specific Plan area from the Park View Estates and Mission Ridge neighborhoods. The
property is also used by a wholesale nursery for container plants. The wireless facility is
proposed to be installed on an existing eighty foot (80') tall, high - voltage electrical
transmission tower with lines running from north to south over the property in the Open
Space (OS) zone. The transmission tower is approximately 250 feet west of Sugar
Maple Court and 150 feet east of Sunrise Meadow Circle, where single - family
residential properties are located on both sides of the project site.
Previous Application:
On June 15, 2004, the Planning Commission approved CUP No. 2004 -02 for the
installation of a wireless communications facility consisting of six antenna panels on an
existing 80 -foot high Southern California Edison transmission pole and installation of a
12 -foot wide by 8 -foot long underground vault to house the mechanical equipment,
located approximately 160' feet west of Isle Royale Street, within a landscape nursery at
12777 Tierra Rejada Road, (approximately 2,100' feet north of Williams Ranch Road).
This approved CUP is similar to the current request and has been constructed.
GENERAL PLAN/ZONING
Direction
General Plan
Zoning
Land Use
Site
.................... ......... ...................... ............................. .-...
North
South
Open Space 2
............. . ............................................................. ............................ ......................
Open Space 2
Open Space
........................... - .............. ............................ ................. ..........
Open Space
So. Cal. Edison High -
Voltage Electrical
Transmission Corridor
................................................................................................... ...............................
....... Arroyo Simi
So Cal. Edison High -
........ ........
Open Space 2
..... ........
Open Space
Voltage Electrical
East
Medium Density
Residential
Planned
Development
.... ..
Single Family Homes
Residential
_ ............................
West
Medium Densitv
Residential
Planned
Single Family Homes
Residential
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Honorable Planning Commission
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General Plan and Zoning Consistency:
The applicant's proposal for a utility- mounted antenna structure meets the definition of a
"Minor Facility" in the Wireless Communications Facilities chapter of the Zoning
Ordinance and requires a Conditional Use Permit in the Open Space (OS) zone. This
type of facility is required to be compatible with surrounding land uses, must be an
attachment to an existing above - ground structure and must comply with all other
provisions of Section 17.42.706, 17.42.070.C, and 17.42.070.D of the Municipal Code.
The proposed cellular facility is consistent with the open space designation of the City's
General Plan.
Proposed Project
Facility:
The proposed wireless communications facility consists of six 60 -inch long by 12 -inch
wide by 5 -inch deep panel antennas and one 2 -foot diameter microwave antenna
mounted at a maximum vertical height of 35 feet above the ground, mounted on an
existing 80 -foot high SCE high voltage transmission tower pole. The horizontal
dimensions of the proposed panel antennas protrude 60 inches from the utility pole.
Section 17.42.070.C. of the code indicates that a utility mounted facility may not
protrude horizontally more than 36 inches from the existing utility pole unless the
applicant demonstrates that the horizontal extension is needed to meet the
requirements for the utility pole owner. The applicant has indicated that the 60 -inch
horizontal separation of the antenna from the utility pole is an SCE requirement due to
Edison's need to access the top pole for maintenance. The proposed wireless
communications facility will transmit signals between the panel antennas and the
wireless telephone within the coverage area. It will provide coverage to business and
residential customers within this area of Moorpark.
Equipment Enclosure:
Royal Street Communication, LLC, also proposes to lease an area to accommodate an
above ground enclosure that is 12 -feet wide by 20 -feet long and 6 -feet high, constructed
out of concrete block with a wood roof to house mechanical support equipment. The
proposed enclosure is located 10 feet away from the west side property line, where
homes are located, and approximately 120 feet away from the east side property line,
where homes are also located. The enclosure will be 75 feet away from the SCE
transmission pole. All equipment necessary to operate the facility will be located inside
the above - ground enclosure, including two equipment and battery cabinets, two vent
pipes, and Power and Telco Rack. The equipment will operate on a 24 -hour, 7 -day a
week remote sensing basis.
Compatibility with the Surrounding Area:
No material used in construction of the site would create substantial glare that would
effect either daytime or nighttime views in the area. Additionally, the color of the
equipment is proposed to be compatible with the color of the existing utility pole and the
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Honorable Planning Commission
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Page 4
proposed use is located in an area that is not likely to impact any of the adjacent
residential uses due to its small size and distant location from houses. The utility pole
where the facility is proposed is 85 feet from the closest house to the west and 130 feet
away from the closest house to the east. At a proposed maximum height of 35 feet, the
wireless communications facility should not have any view, or shading impacts on the
existing residences, and will likely blend in with the existing utility pole. A 7 -foot tall wall
separates the adjacent residential properties and the nursery property. The above
ground enclosure is proposed 10 feet from this property line and is proposed to be lower
in height than the existing property line wall.
The proposed facility on the existing SCE transmission pole is considered a passive
use, which would not produce noise, not violate any air quality standards, affect
biological resources, or cause an adverse effect on cultural resources. It will require no
transport of hazardous materials to or from the site. Although the proposed use is
designed to serve the business and residential customers within this area of Moorpark,
it would not induce substantial population growth, would not displace existing housing or
have a negative impact on public services. Therefore, the panel antennas mounted on
the transmission pole will not disturb the surrounding area or be harmful or detrimental
to neighboring properties or uses.
Parking:
The proposed unmanned communication facility generates a minimal amount of traffic
(only that necessary to periodically check the facility); therefore, no parking is required.
The applicant's submittal information indicates a Cell Site Technician will visit the facility
an average of one (1) time per month. During routine maintenance, the site can be
accessed from Williams Ranch Road. No parking facilities are required by the Zoning
Code for this type of facility.
ANALYSIS
Issues
Staff analysis of the proposed project has identified the following area for Planning
Commission consideration in their decision:
Aesthetics:
An adjacent tower is currently used for a wireless communication facility. The site is
situated in such a way as to offer "line of sight" visibility to a large portion of the city,
making it desirable to cellular service providers. The proposed communications facility,
like the existing facility, would also blend with the existing SCE towers on site, so as to
remain generally obscured from the public view. The above - ground enclosure, however,
would be visible from off -site. Originally, the project included an underground vault for
the mechanical equipment. The adjacent facility uses an underground vault for its
mechanical equipment, as required by the Planning Commission. In order to minimize
visual impacts of wireless facilities, staff has consistently recommended placement of
the mechanical equipment within underground vaults whenever the equipment would be
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Honorable Planning Commission
November 25, 2008
Page 5
visible from off -site. Such a recommendation is include d
condition is recommended that the antennas match the
transmission pole.
Findings
Conditional Use Permit Findings:
for this facility. Also, a
color of the existing SCE
A. The proposed use is consistent with the intent and provisions of the City's
General Plan, and Title 17 of the Municipal Code in that the proposed use,
height, setbacks, and improvements are consistent with City Code requirements.
B. The proposed use is compatible with the character of the surrounding
development because the site is currently used by Southern California Edison for
high power electrical transmission lines and the use of utility poles has been
designated by the city as an appropriate location for the co- location of cellular
sites.
C. The proposed use is compatible with the scale, visual character and design of
the surrounding properties, in that it is designed so as not to detract from the
physical and visual quality of the area. The color of the antennas is conditioned
to be painted to blend in with the existing SCE transmission pole. In addition, the
proposed equipment vault is conditioned to be placed underground.
D. The proposed use will not be obnoxious or harmful or impair the utility of the
neighboring properties or uses, in that the proposed use is designed to blend
with the colors of the transmission pole; therefore, the visual impact of the facility
is minimized and would not present any impacts on adjoining uses.
E. The proposed use will not be detrimental to the public interest, health, safety,
convenience, or welfare, in that the project has been conditioned to protect the
public's health and safety.
Wireless Facilities Findings:
A. The proposed wireless communications facility will not create any significant
blockage to public views, as the cellular facility will be placed on an existing
electrical transmission pole.
B. The proposed wireless communications facility will enhance communication
services to the City due to its ability to provide increased communication
capabilities.
C. The proposed wireless communications facility will be aesthetically integrated
into its surrounding land uses and natural environment, since it will be painted a
color that will be compatible with the color of the existing electrical transmission
pole.
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Honorable Planning Commission
November 25, 2008
Page 6
D. The proposed wireless communications facility will comply with FCC regulations
regarding interference with the reception or transmission of other wireless service
signals within the City and surrounding community.
E. The proposed wireless communications facility will operate in compliance with all
other applicable Federal regulations for such facilities, including safety
regulations, as Royal Street, LLC, operates its wireless network in compliance
with its FCC license and FCC rules and regulations concerning frequency
emissions and /or radio frequency interference. The transmission densities
emanating from the facility will not exceed current American National Standards
Institute (ANSI) recommended maximum exposure levels for wireless
transmission frequencies which do not have the potential to significantly impact
the community. In all cases, Effective Radiated Power (ERP), and its associated
electromagnetic (EM) radiation power densities are a small fraction of the
maximum permissible exposure set by ANSI, or the more restrictive exposure
standard put forth by the National Commission on Radiation Protection and
Measurement (NCRP).
F. The public need for the use of the wireless communication facility has been
documented by the applicant and verified by City staff to be consistent with
California law in that the proposed cell site will provide a substantial increase in
the coverage area (an increase from weak coverage to good coverage in the
target area).
G. The applicant will provide at its own expense a field survey or other method
consistent with Federal law to provide written verification that the facility is in
compliance with applicable Federal regulations regarding electromagnetic
frequency emissions. This radio - frequency (RF) report shall also include signal
strength exhibits, including calculations and measurements under maximum
loading conditions. Such field survey shall be provided to the City upon request,
not to exceed one such request in any 24 -month period.
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
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Honorable Planning Commission
November 25, 2008
Page 7
ENVIRONMENTAL DETERMINATION
In accordance with the City's environmental review procedures adopted by resolution,
the Community Development Director determines the level of review necessary for a
project to comply with the California Environmental Quality Act (CEQA). Some projects
may be exempt from review based upon a specific category listed in CEQA. Other
projects may be exempt under a general rule that environmental review is not
necessary where it can be determined that there would be no possibility of significant
effect upon the environment. A project which does not qualify for an exemption requires
the preparation of an Initial Study to assess the level of potential environmental impacts.
Based upon the results of an Initial Study, the Director may determine that a project will
not have a significant effect upon the environment. In such a case, a Notice of Intent to
Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For
many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be
sufficient environmental documentation. If the Director determines that a project has
the potential for significant adverse impacts and adequate mitigation can not be readily
identified, an Environmental Impact Report (EIR) is prepared.
The Director has reviewed this project and found it to be Categorically Exempt in
accordance with Section 15303, (Class 3 - New Construction or Conversion of Small
Structures) 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 -2007- , approving Conditional Use Permit No. 2007-
01, subject to conditions.
ATTACHMENTS:
1. Aerial Photograph
2. Location Map
3. Project Exhibits
A. Title Sheet
B. Topographic Survey
C. 1000' Feet Radius Map
D. Site Plan
E. Equipment /Antenna Layout
F. Elevations
G. Facilities owned /operated by Royal Street with areas to be served
4. Draft Resolution No. PC -2007- with Conditions of Approval
S: \Community Development \DEV PMTS \C U P \2003 - 2007\2007 -01 Tricia Knight for Royal St. Comm\Agenda Rpts \PC Agenda
071125.doc 0023
72777 Tierra Rejada Road
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PROJECT EXHIBITS
A. Title Sheet
B. Topographic Survey
C. 1000' Feet Radius Map
D. Site Plan
E. Equipment /Antenna Layout
F. Elevations
G. Facilities Owned /Operated by Royal
Street with Areas to be Served
(under separate cover)
PC ATTACHMENT 3
� 02G
RESOLUTION NO. PC -2007-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. 2007 -01 TO INSTALL A
WIRELESS COMMUNICATIONS FACILITY, CONSISTING OF SIX
(6) PANEL ANTENNAS, AND ONE (1) MICROWAVE DISH
ANTENNA ON AN EXISTING SOUTHERN CALIFORNIA EDISON
HIGH VOLTAGE ELECTRICAL TRANSMISSION POLE AND AN
UNDERGROUND EQUIPMENT VAULT, LOCATED WITHIN A
NURSERY AT 12777 TIERRA REJADA ROAD, APROXIMATELY
2010 FEET NORTH OF WILLIAMS RANCH ROAD
WHEREAS, at a duly noticed public hearing on November 25, 2008, the Planning
Commission considered Conditional Use Permit No. 2007 -01 on the application of Tricia
Knight, Royal Street Communication, LLC, requesting approval of a wireless
communications facility on a Southern California Edison (SCE) high voltage electrical
transmission pole, located within a landscape nursery at 12777 Tierra Rejada Road;
and
WHEREAS, at its meeting of November 25, 2008„ the Planning Commission
considered the agenda report and any supplements thereto and written public
comments; opened the public hearing and took and considered public testimony both
for and against the proposal; and reached a decision on this matter; and
WHEREAS, the Planning Commission concurs with the Planning Director's
determination that this project is Categorically Exempt from the provisions of CEQA
pursuant to Section 15303 as a Class 3 exemption for the New Constructions or
Conversion of Small Structures.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. CONDITIONAL USE PERMIT FINDINGS: Based upon the
information set forth above, it is determined that this application with special and
standard conditions, meet the requirements of the City of Moorpark Municipal Code
Section 17.44.040. in that:
A. The proposed use is consistent with the intent and provisions of the City's
General Plan, and Title 17 of the Municipal Code in that the proposed use,
height, setbacks, and improvements are consistent with City Code requirements.
B. The proposed use is compatible with the character of the surrounding
development because the site is currently used by Southern California Edison for
high power electrical transmission lines and the use of utility poles has been
designated by the city as an appropriate location for the co- location of cellular
sites.
PC ATTACHMENT 4
Resolution No. PC -2007-
Page 2
C. The proposed use is compatible with the scale, visual character and design of
the surrounding properties, in that it is designed so as not to detract from the
physical and visual quality of the area. The color of the antennas is conditioned
to be painted to blend in with the existing SCE transmission pole. In addition, the
proposed equipment vault is conditioned to be placed underground.
D. The proposed use will not be obnoxious or harmful or impair the utility of the
neighboring properties or uses, in that the proposed use is designed to blend
with the colors of the transmission pole; therefore, the visual impact of the facility
is minimized and would not present any impacts on adjoining uses.
E. The proposed use will not be detrimental to the public interest, health, safety,
convenience, or welfare, in that the project has been conditioned to protect the
public's health and safety.
SECTION 2. WIRELESS FACILITIES FINDINGS: Based upon the
information set forth above, it is determined that this application with the attached
special and standard conditions, meets the requirements of the City of Moorpark
Municipal Code Section 17.42.060 in that:
A. The proposed wireless communications facility will not create any significant
blockage to public views, as the cellular facility will be placed on an existing
electrical transmission pole.
B. The proposed wireless communications facility will enhance communication
services to the City due to its ability to provide increased communication
capabilities.
C. The proposed wireless communications facility will be aesthetically integrated
into its surrounding land uses and natural environment, since it will be painted a
color that will be compatible with the color of the existing electrical transmission
pole.
D. The proposed wireless communications facility will comply with FCC regulations
regarding interference with the reception or transmission of other wireless service
signals within the City and surrounding community.
E. The proposed wireless communications facility will operate in compliance with all
other applicable Federal regulations for such facilities, including safety
regulations, as Royal Street, LLC, operates its wireless network in compliance
with its FCC license and FCC rules and regulations concerning frequency
emissions and /or radio frequency interference. The transmission densities
emanating from the facility will not exceed current American National Standards
Institute (ANSI) recommended maximum exposure levels for wireless
transmission frequencies which do not have the potential to significantly impact
the community. In all cases, Effective Radiated Power (ERP), and its associated
electromagnetic (EM) radiation power densities are a small fraction of the
maximum permissible exposure set by ANSI, or the more restrictive exposure
standard put forth by the National Commission on Radiation Protection and
\ \mor_pri_sery \Department Share \Community Development\DEV PMTS \C U P \2003 - 2007\2007 -01 Tricia Knight for Royal St.
Comm \Reso \PC_Reso_CUP No. 2007- 01.doc
Resolution No. PC -2007-
Page 3
Measurement (NCRP).
F. The public need for the use of the wireless communication facility has been
documented by the applicant and verified by City staff to be consistent with
California law in that the proposed cell site will provide a substantial increase in
the coverage area (an increase from weak coverage to good coverage in the
target area).
G. The applicant will provide at its own expense a field survey or other method
consistent with Federal law to provide written verification that the facility is in
compliance with applicable Federal regulations regarding electromagnetic
frequency emissions. This radio - frequency (RF) report shall also include signal
strength exhibits, including calculations and measurements under maximum
loading conditions. Such field survey shall be provided to the City upon request,
not to exceed one such request in any 24 -month period.
SECTION 3. PLANNING COMMISSION APPROVAL: the Planning Commission
herby approves Conditional Use Permit No. 2007 -01 subject to the Special and
Standard Conditions of Approval found in Exhibit A attached.
SECTION 4. FILING OF RESOLUTION: The Planning Director shall cause a
certified resolution to be filed in the book of original resolutions.
The action of the foregoing direction was approved by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
PASSED, AND ADOPTED this 25th day of November, 2008.
Robert Peskay, Chair
David A. Bobardt, Planning Director
Exhibit A — Special and Standard Conditions of Approval
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Resolution No. PC -2007-
Page 4
EXHIBIT A
SPECIAL AND STANDARD CONDITIONS OF APPROVAL
FOR CONDITIONAL USE PERMIT (CUP) No. 2007 -01
SPECIAL CONDITIONS
The applicant shall allow the City to co- locate a radio antenna on the structure
and place associated equipment and electronics within or on the equipment
enclosure, at no cost, so long as this is done for City purposes at the expense of
the City, there is no interference with the operation of the primary equipment, and
that security and access are feasible.
2. Prior to approval of a Zoning Clearance, the antenna must be designed to ensure
that the visual appearance matches the surrounding uses by including design
and /or landscaping elements, as determined by the Planning Director. The
Director may require additional screening after the installation of the antenna, if it
is deemed necessary.
3. In the event that a future merger, acquisition, or other action renders this antenna
array redundant or unnecessary, the applicant shall remove the facility within
ninety (90) days of a determination of redundancy or non - necessity. Propagation
maps identifying then - current signal coverage and coverage without this facility
shall be provided to the City at the request of the Planning Director. Such
request may occur not more than once in a twelve (12) month period.
4. Prior to the finalization of building permits, the applicant shall paint all panel
antennas and any other exposed Royal Street, LLC, cellular equipment a non -
reflective color of which the color shall be approved by the Planning Director prior
to its application.
5. All equipment necessary for the operation of the telecommunication facility must
be located in an underground vault.
STANDARD CONDITIONS
1. Acceptance of Conditions: The applicant's acceptance of this permit and /or
commencement of construction and /or operations under this permit shall be
deemed to be acceptance of all conditions of this permit.
2. This permit shall expire one (1) year from the date of its approval, unless a
building permit has been obtained and construction inaugurated. The Community
Development Director may, at his /her discretion, grant up to two (2) additional 1-
year extensions, if there have been no changes in the adjacent areas and if the
applicant can document that he /she has diligently worked towards obtaining
building permits or inaugurating construction. The request for extension of this
permit shall be made in writing, at least thirty (30) days prior to the expiration
date of the permit.
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Resolution No. PC -2007-
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3. The Conditions of Approval of this permit, City of Moorpark Municipal Code and
adopted City policies at the time of the permit approval supersede all conflicting
notations, specifications, dimensions, typical sections and the like which may be
shown on plans.
4. Conditions of this entitlement shall not be interpreted as permitting or requiring
any violation of law or any unlawful rules or regulations or orders of an authorized
governmental agency.
5. If any architectural or historical finds are uncovered during grading or excavation
operations, all grading or excavation shall cease in the immediate area and the
find shall be left untouched. The applicant shall assure the preservation of the
site and immediately contact the Community Development Director, informing the
Director of the find. The applicant shall be required to obtain the services of a
qualified paleontologist or archeologist, whichever is appropriate to recommend
disposition of the site. The paleontologist or archeologist selected shall be
approved by the Community Development Director. The applicant shall pay for all
costs associated with the investigation and disposition of the find.
6. The applicant shall defend, indemnify and hold harmless the City and its agents,
officers and employees from any claim, action or proceeding against the City or
its agents, officers or employees to attack, set aside, void, or annul any approval
by the City or any of its agencies, departments, commissions, agents, officers, or
employees concerning the permit, which claim, action or proceeding is brought
within the time period provided therefore in Government Code Section 66499.37.
The City will promptly notify the applicant of any such claim, action or
proceeding, and if the City should fail to do so or should fail to cooperate fully in
the defense, the applicant shall not thereafter be responsible to defend,
indemnify and hold harmless the City or its agents, officers and employees
pursuant to this condition.
a. The City may, within its unlimited discretion, participate in the defense of
any such claim, action or proceeding if both of the following occur:
The City bears its own attorney fees and costs;
The City defends the claim, action or proceeding in good faith.
b. The applicant shall not be required to pay or perform any settlement of
such claim, action or proceeding unless the settlement is approved by the
applicant. The applicant's obligations under this condition shall apply
regardless of whether a building permit is ultimately obtained, or final
occupancy is ultimately granted with respect to the permit.
7. If any of the conditions or limitations of this approval are held to be invalid, that
holding shall not invalidate any of the remaining conditions or limitations set forth.
8. Applicant shall conform to all National Pollutant Discharge Elimination System
(NPDES) requirements during and after completion of the project.
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9. No excavations shall be commenced unless the work can be completed before
any rain falls. Which means the materials, equipment and manpower shall be
procured and ready to commence the work before the excavation begins. In the
event the work is interrupted with rainfall, all excavated areas shall be completely
covered with visqueen and secured with gravel bags so that no mud is generated
from the work area and allowed to leave the work area.
10. All work shall cease when there is a forth percent (40 %) chance of rain or when
rainfall is imminent, whichever is more stringent and the site secured, as noted.
11. No work shall commence after a rainstorm until the ground has dried sufficiently
so that no materials are transported off the site by workers or work equipment.
12. No work equipment, vehicles or materials shall be stockpiled or left in the public
right -of -way.
13. Any work within the public right -of -way requires an encroachment permit.
14. No work shall be performed before 7:00 A.M. and after 7:00 P.M., Monday
through Friday, and by permission work can be done between 8:00 A.M. and
5:00 P.M. on Saturday. No work shall be done on Sunday.
15. Deliveries of oversized loads require a city permit.
FEES
16. Entitlement Processing: Prior to the acceptance of any Zoning Clearance,
entitlement, building permit, grading permit, or advanced grading permit, the
applicant shall submit to the Community Development Director, all outstanding
entitlement case processing fees including all applicable city legal service fees.
This payment shall be made within sixty (60) calendar days of approval of this
permit.
17. Capital Improvements, Facilities, and Processing: Prior to the issuance of a
Zoning Clearance for grading the applicant shall submit to the Community
Development Director the capital improvement, development, and processing
fees at the current rate in effect. Said fees include but are not limited to Library
Facilities, Police Facilities, Fire Facilities, entitlement processing, building and
public improvement, plan checks and permits. Unless specifically exempted by
City Council, the applicant is subject to all fees imposed by the City as of the
issuance of the first permit for construction and such future fees imposed, as
determined by the City in its sole discretion, so long as said fee is imposed on
similarly situated properties.
18. Electronic Conversion: Prior to or concurrently with the approval of the Final
Map, the applicant shall submit to the City Engineer and the Building Official the
City's electronic image conversion fee for the Final Map /improvement plans and
building permit /plans or other plans, as determined by the Community
Development Department.
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19. Condition Compliance: Prior to the issuance of any Zoning Clearance for
construction, the applicant shall submit to the Community Development
Department the Condition Compliance review fee.
B. Please contact the PLANNING DIVISION for compliance with the following
conditions:
OPERATIONAL CHARACTERISTICS
20. Prior to the issuance of a Zoning Clearance for construction, the applicant shall
submit all construction plans for review and approval by the Planning Division.
21. This facility is approved as an unmanned operation. Following construction of
the facility, traffic generated by this use shall be limited to periodic and
emergency maintenance of the facility.
LANDSCAPING
22. Prior to operation of the use, the applicant shall replace at the applicant's
expense, any vegetation or landscaping removed or damaged as a result of the
installation or operation of this facility. The replacement shall be to the
satisfaction of the Planning Director.
23. Prior to the issuance of a Zoning Clearance for construction, a Landscape Plan
shall be submitted to the Planning Division for review and approval by the
Planning Director. The applicant shall pay any cost of landscape plan review at
the time of submittal. Landscaping shall be provided to screen any equipment
associated with this communications facility.
24. In the event that the uses for which this Conditional Use Permit are 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 use 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. A surety, in an amount subject to the review
and approval of the Community Development Director, shall be provided to the
City prior to the approval of a Zoning Clearance for construction, to guarantee
removal of equipment and structures, if the City determines the facility to be
abandoned and /or a public nuisance.
25. Removal or relocation of any and all of the facilities shall be at the facility owner's
expense, and at no cost to the City. Should the facility be removed or relocated
by the City, the facility owner hereby waives any claims, damage, or loss
(including, but not limited to, consequential damages) resulting from the city's
removal or relocation of the facility.
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26. The applicant will provide, at its expense, a field survey or other method
consistent with Federal law to provide written verification that the facility is in
compliance with applicable Federal regulations regarding electromagnetic
frequency emissions. This radio - frequency (RF) report shall also include signal
strength exhibits, including calculations and measurements under maximum
loading conditions. Such field survey shall be provided to the City upon request,
not to exceed one (1) such request in any 24 -month period.
27. The facility shall be removed at the owner's expense when a City- approved
project requires relocation or under grounding of the utility structure on which the
facility is mounted. If the facility owner refuses to remove the facility, the owner
shall reimburse the City for city costs and expenses to remove the facility. The
applicant waives any claims, damage, or loss (including, but not limited to,
consequential damages) resulting from the City's removal or relocation of the
facility.
Please contact the ENGINEERING DEPARTMENT for compliance with the
following conditions:
28. Prior to the issuance of a grading permit or building permit, whichever occurs
first, proof of the right to ingress and egress shall be obtained from adjacent
property owner and provided to the City Engineer. Prior to any grading or
drainage activity a Grading and /or Drainage Plan shall be prepared and
submitted to the City Engineer for review and approval. No grading or drainage
work shall occur without a grading permit and /or the permission of the City
Engineer.
29. In the event that existing drainage patterns are affected by this project, the
applicant shall adhere to all Federal Emergency Management Agency (FEMA)
regulations and requirements. Prior to the issuance of a grading permit, all
necessary calculations shall be submitted to the City and any governing Federal
agency for review and approval.
-End-
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ITEM 8.C.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: David A. Bobardt, Planning Director
Prepared by Freddy A. Carrillo, Assist nt Planner I''t�i
DATE: November 21, 2008 (PC Meeting of 11/25/2008)
SUBJECT: Consider Conditional Use Permit No. 2008 -09, a Request to
Install a New Thirty -Five Foot (35') Tall "Mono- pine" Wireless
Communication Facility at the Ventura County Water Works
Reservoir District 1 (South of Tierra Rejada, Between
Thomasville Court and Sunnyslope Place), on the Application
of Vince Anaya, for Verizon Wireless
BACKGROUND /DISCUSSION
Staff is requesting a continuance on this case to January 27, 2009 to allow more
time for analysis as additional application materials were recently received. This
continuance would still allow for a decision within the timelines established by the
Permit Streamlining Act. The public hearing for this meeting has already been
advertised, so it should be opened for testimony. A full staff report will be
provided for the January 27, 2009 Planning Commission meeting.
STAFF RECOMMENDATION
Open the public hearing and accept public testimony.
2. Continue the case with the public hearing open to January 27, 2009.
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ITEM: 8.D.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: David Bobardt, Planning Director 1
Prepared by Joseph Fiss, Principal Planner
DATE: November 5, 2008 (PC Meeting of 11/25/2008)
SUBJECT: CONSIDER CONDITIONAL USE PERMIT 2008 -10, A CUP TO ALLOW A
CASUAL RESTAURANT WITH SALE AND SERVICE OF BEER AND WINE
FOR ON -SITE CONSUMPTION AT 6593 COLLINS DRIVE #D -4 (CAMPUS
PLAZA MOORPARK), ON THE APPLICATION OF THOMAS FARLEY
(CHRONIC TACO INDUSTRIES)
BACKGROUND
A Conditional Use Permit application was filed by Thomas Farley (Chronic Taco Industries)
on October 21, 2008, for a casual restaurant with sale and service of beer and wine for on-
site consumption in the Campus Plaza shopping center located at the southwest corner of
Campus Park Drive and Collins Drive. The lease space is approximately 1,568 square
feet.
DISCUSSION
Project Setting
Existing 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.
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 for off -site
consumption.
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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 within this center for off -site consumption.
Conditional Use Permit No. 2008 -06 was approved on October 14, 2008 to allow a retail
tobacco and accessories store within this center.
GENERAL PLAN/ZONING
Direction
General Plan
Zoning
Land Use
Site
General Commercial
Commercial
Planned
Shopping Center
.. .....................................
(C -2)
.... ............... _ _ . ......
Development (CPD)
Residential Planned
North
Medium Density
Development /5
Single- Family
Residential (M)
Units per Acre
Residential
.... ....... ............
............ _ ......... ..... ........
. (RPD 5U) . ........
.... ........ .......................
South
Freeway Right -of -Way
N/A
Freeway
.(FWY -R/W)
East
Freeway Right -of -Way
N/A
Freeway
..... ........
(FWY -R/W)
Residential Planned
West
Very High Density
Development /12
Residential
Residential (VH)
Units per Acre
Condominiums
(RPD -12u)
General Plan and Zoninq 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 restaurants with beer and wine within
100 feet of a residential zone 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 control of the service of alcoholic
beverages as the primary issue for Planning Commission consideration in their review of
the Conditional Use Permit application. Conditions are recommended by staff to address
security concerns associated with the service of alcoholic beverages. These conditions are
consistent with those applied to restaurants in Moorpark with alcoholic beverage service.
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The applicant is concurrently processing a Type 41 application with the California
Department of Alcoholic Beverage Control (ABC) for beer and wine service and sales for
on site consumption. The ABC measures the number of businesses selling alcoholic
beverages by census tract, and compares this number to other census tracts in the area.
Based on these numbers, the ABC has determined that there is an over - concentration of
alcohol permits in Census Tract 76.04, where the project is located. This census tract is a
large census tract that includes the Village at Moorpark, Moorpark Marketplace, Varsity
Park Plaza, and Campus Plaza shopping centers, along with the High Street commercial
district. It currently has a healthy mix of commercial land uses, which include a variety of
stores, restaurants, auto repair and other services. An alcohol permit for service at the
new facility will not, in the opinion of Community Development staff, result in a detrimental
over - concentration of such permits. This will be the first restaurant in the Campus Plaza
center to request sales and service of beer and wine for on -site consumption. In order for
ABC to issue an alcohol license, the applicant must obtain a conditional use permit, and
subsequently the Community Development Department must issue a letter of "Public
Convenience and Necessity." Given that the primary use is a facility contributing to the
economic development of the city, this finding can be made for this license.
The applicant has proposed hours of operation from 10:00 a.m. to 9:00 p.m., daily. This is
consistent with the permitted hours of operation of the shopping center, which are 5:00
a.m. to 12:00 a.m.
Conditions are recommended by staff and the Police Department, to address security
concerns associated with the service of alcoholic beverages.
It is important to ensure that the surrounding residential uses are not negatively impacted
by the introduction of this use. The attached resolution contains conditions which allow
amplified music within the facility provided that it cannot be heard from outside of the
facility. Conditions have also been added regarding loitering, maintaining the rear door
closed, and use of the rear patio.
A condition has also been included which requires the applicant to file an application for a
temporary use permit whenever the facility would be used for a special event or reception.
This would ensure compatibility with the adjoining land uses while accommodating
potential special events.
Findings
A. The proposed use is consistent with the intent and provisions of the City's General
Plan, Zoning Ordinance, and other applicable regulations in that the Planning
Director has determined that the sale of beer, and wine for on -site consumption is
an anticipated type of use consistent with the General Plan and Zoning.
B. The proposed use is compatible with both existing and permitted land uses in the
area in that this is an anticipated type of use where sale of beer and wine is not
unexpected.
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C. The proposed use is compatible with the scale, visual character, and design of
surrounding development in that the sale of beer and wine for on -site consumption
is an anticipated type of use and does not require any modifications to the approved
building.
D. The proposed use would not be obnoxious or harmful, or impair the utility of
neighboring property or uses in that conditions are required to ensure proper control
of the sale of beer and wine for on -site consumption.
E. The proposed use would not be detrimental to the public interest, health, safety,
convenience, or welfare in that conditions are required to ensure proper control of
the sale of beer and wine for on -site consumption.
F. The use will not result in an over - concentration in the area of establishments selling
alcoholic beverages. The proposal is enhancing a new establishment where such
uses are traditionally anticipated, consistent with the land use development pattern
of the City of Moorpark.
G. The use will serve a public convenience in that the sale of liquor, including beer and
wine for on -site consumption is an ancillary use to the restaurant.
H. The use will not create the need for increased police services in that conditions are
required to ensure proper control of the sale of beer and wine for on -site
consumption.
I. The requested use at the proposed location will not adversely affect the economic
welfare of the community.
J. The exterior appearance of the structure will not be inconsistent with the external
appearance of commercial structures already constructed or under construction on
surrounding properties, or within the immediate neighborhood so as to cause blight,
deterioration or substantially diminish property values within the neighborhood.
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: November 20, 2008
Planning Commission Action Deadline: February 20, 2008
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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
Community Development Director determines the level of review necessary for a project to
comply with the California Environmental Quality Act (CEQA). Some projects may be
exempt from review based upon a specific category listed in CEQA. Other projects may be
exempt under a general rule that environmental review is not necessary where it can be
determined that there would be no possibility of significant effect upon the environment. A
project which does not qualify for an exemption requires the preparation of an Initial Study
to assess the level of potential environmental impacts.
Based upon the results of an Initial Study, the Director may determine that a project will not
have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt
a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects,
a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient
environmental documentation. If the Director determines that a project has the potential for
significant adverse impacts and adequate mitigation can not be readily identified, an
Environmental Impact Report (EIR) is prepared.
The Director has reviewed this project and found it to be Categorically Exempt in
accordance with Section 15301 (Class 1, Existing Facilities) of the California Code of
Regulations (CEQA Guidelines). No further environmental documentation is required.
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the public hearing.
2. Adopt Resolution No. PC -2008- approving Conditional Use Permit 2008 -10
ATTACHMENTS:
1. Location Map
2. Aerial Photograph
3. Project Exhibits
A. Floor Plan
B. Site Plan
4. Draft PC Resolution with Conditions of Approval
S: \Community Development \DEV PMTS \C U P\2008 \2008 -10 Chronic Taco Industries\Agenda Reports \PC Agenda Report
112508.doc t✓} 040
LOCATION MAP
PC ATTACHMENT 1
30 "0041
SACommunity Development \DEV PMTS \C U P\2008\2008 -06 Doug hmai n\Agenda Report\Location Map.doc
PC ATTACHMENT 2 042.,
PROJECT EXHIBITS
A. Floor Plan
B. Site Plan
(under separate cover)
PC ATTACHMENT 3,�3
RESOLUTION NO. PC -2008-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF MOORPARK, CALIFORNIA, APPROVING
OF CONDITIONAL USE PERMIT 2008 -10 TO ALLOW A
CASUAL RESTAURANT WITH SALE AND SERVICE OF
BEER AND WINE FOR ON -SITE CONSUMPTION AT 6593
COLLINS DRIVE #D -4 (CAMPUS PLAZA MOORPARK), ON
THE APPLICATION OF THOMAS FARLEY (CHRONIC
TACO INDUSTRIES)
WHEREAS, at a duly noticed public hearing on November 25, 2008, the Planning
Commission considered Conditional Use Permit 2008 -10 on the application of Thomas
Farley (Chronic Taco Industries) to allow a casual restaurant with sale and service of
beer and wine at for on -site consumption at 6593 Collins Drive #D -4 (Campus Plaza
Moorpark); and
WHEREAS, at its meeting of November 25, 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 Community Development
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 reports, 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, Zoning Ordinance, and other applicable regulations in that the
Planning Director has determined that the sale of beer, and wine for on -site
consumption is an anticipated type of use consistent with the General Plan and
Zoning.
B. The proposed use is compatible with both existing and permitted land uses in the
area in that this is an anticipated type of use where sale of beer and wine is not
unexpected.
PC ATTACHMENT 4
004
Resolution No. PC -2008-
Page 2
C. The proposed use is compatible with the scale, visual character, and design of
surrounding development in that the sale of beer and wine for on -site
consumption is an anticipated type of use and does not require any modifications
to the approved building.
D. The proposed use would not be obnoxious or harmful, or impair the utility of
neighboring property or uses in that conditions are required to ensure proper
control of the sale of beer and wine for on -site consumption.
E. The proposed use would not be detrimental to the public interest, health, safety,
convenience, or welfare in that conditions are required to ensure proper control
of the sale of beer and wine for on -site consumption.
F. The use will not result in an over - concentration in the area of establishments
selling alcoholic beverages. The proposal is enhancing a new establishment
where such uses are traditionally anticipated, consistent with the land use
development pattern of the City of Moorpark.
G. The use will serve a public convenience in that the sale of liquor, including beer
and wine for on -site consumption is an ancillary use to the restaurant.
H. The use will not create the need for increased police services in that conditions
are required to ensure proper control of the sale of beer and wine for on -site
consumption.
The requested use at the proposed location will not adversely affect the
economic welfare of the community.
J. The exterior appearance of the structure will not be inconsistent with the external
appearance of commercial structures already constructed or under construction
on surrounding properties, or within the immediate neighborhood so as to cause
blight, deterioration or substantially diminish property values within the
neighborhood.
SECTION 2. APPROVAL OF PROJECT: The Planning Commission approves
Conditional Use Permit No. 2008 -10 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.
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The action of the foregoing direction was approved by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
PASSED, AND ADOPTED this 25th day of November, 2008.
Robert Peskay, Chair
David Bobardt, Planning Director
Exhibit A — Conditions of Approval
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EXHIBIT A
CONDITIONS OF APPROVAL FOR
CONDITIONAL USE PERMIT (CUP) NO. 2008-10
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. 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.
3. 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.
4. 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.
5. If any of the conditions or limitations of this approval are held to be invalid, that
holding shall not invalidate any of the remaining conditions or limitations set forth.
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6. The development must be in substantial conformance with the plans presented in
conjunction with the application for Conditional Use Permit No. 2008 -10, except
any modifications as may be required to meet specific Code standards or other
conditions stipulated herein.
7. 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.
8. Approval of a Zoning Clearance is required prior to the issuance of building
permits. All other permit and fee requirements must be met.
9. Entertainment is not approved as part of this Conditional Use Permit and requires
approval of a separate permit.
10. No person under the age of eighteen (18) shall serve or package alcoholic
beverages.
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. All exterior areas of the site, including parking areas under use by the facility,
shall be maintained free of litter and debris at all times.
14. Conditional Use Permit No. 2008 -10 may be revoked or its use suspended by the
City, if any of the causes listed in Section 17.44.080.8 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.
15. 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.
16. Sales, service or consumption of beer and wine allowed by this Conditional Use
Permit are permitted only between the hours of 10:00 a.m. and Midnight.
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17. This premise is not licensed by ABC to operate as a bar or a nightclub and must
maintain this premise as a restaurant. The quarterly gross sales of alcoholic
beverages may not exceed 50% of the gross sales of food during the same
period. The facility must at all times maintain records which reflect separately the
gross sale of food and the gross sales of alcoholic beverages of the business.
Said records shall be kept no less frequently than on a quarterly basis and shall
be made available to the Moorpark Police Department upon demand.
18. "Walk -in" alcohol service for non - restaurant patrons is not permitted at any time.
Alcoholic beverages may only be sold /served to patrons of the facility during
dining events. Food meal service must be available during all business hours
that alcoholic beverages are sold.
19. Areas inside the establishment open to customers must be illuminated sufficiently
to allow the identification of persons.
20. The applicant or his /her designee shall be responsible to police the exterior of the
business to assure that no beer or wine is consumed within the parking lot. The
applicant shall not permit any loitering in the parking lot or in areas adjacent to
the facility. The rear door must remain closed during business hours.
21. No exterior advertising of any kind or type is allowed promoting or indicating the
availability of alcoholic beverages. Interior advertising displays for alcoholic
beverages that are clearly visible to the exterior constitute a violation of this
condition.
22. 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.
23. Any and all employees directly involved or supervising the sale /service of
alcoholic beverages shall provide evidence and the business shall maintain
records that employees have:
a. Received training from the State of California Department of Alcoholic
Beverage Control "Leadership and Education in Alcohol and Drugs" LEAD
program in the form of an ABC issued certificate.
b. The Owner /Manager shall confirm with the California Department of
Alcoholic Beverage Control within fifteen (15) days of hire any new
employee has been scheduled with the local (Santa Barbara ABC office)
to attend the LEAD program course. Alternatively, this course attendance
requirement may be met through a LEAD certified agency or company
approved by the State of California.
-End-
\ \mor_pri_sery \Department Share \Community Development\DEV PMTS \C U P \2008 \2008 -10 Chronic Taco Industries\Agenda
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ITEM: 9.A.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: David Bobardt, Planning Director
DATE: November 18, 2008 (PC Meeting of 11/25/2008)
SUBJECT: Consider Cancellation of the December 23, 2008 Regular Meeting
BACKGROUND AND DISCUSSION
Staff does not have any agenda items to take before the Planning Commission in
December. If the Planning Commission cancels the December meeting, the next regularly
scheduled meeting will be on January 27, 2009. If it is necessary for the Planning
Commission to meet before this time, a special meeting could be called.
STAFF RECOMMENDATION
Direct staff to post a notice of meeting cancellation for the December 23, 2008 regular
meeting.
\ \mor_pri_sery \City Share \Community Development \COMMISSIOMP C POLICIES \agenda reports\2008 \pc 08_1125 cancel Dec
mtg.doc
ITEM: 10.A.
MINUTES OF THE PLANNING COMMISSION
Moorpark, California October 14, 2008
An Adjourned Regular Meeting of September 23, 2008, of the Planning Commission of
the City of Moorpark was held on October 14, 2008, in the Council Chambers of said
City located at 799 Moorpark Avenue; Moorpark, California.
1. CALL TO ORDER:
Vice Chair Hamous called the meeting to order at 7:05 p.m.
2. PLEDGE OF ALLEGIANCE:
Commissioner Taillon led the Pledge of Allegiance.
3. ROLL CALL:
Present: Planning Commissioners Di Cecco, Taillon, and Vice Chair
Hamous.
Absent: Commissioner Landis and Chair Peskay.
Staff Present: David Bobardt, Planning Director; Joseph Fiss, Principal
Planner; Freddy Carrillo, Assistant Planner I; 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. Cancellation of October 28, 2008 Planning Commission Meeting
B. Future Agenda Items: October 14, 2008 Special Meeting
i. Tentative Tract Map 5869 (Grand Moorpark — Condominium Map)
'.; () 0 2 I
Minutes of the Planning Commission
Moorpark, California Page 2 October 14, 2008
ii. Zoning Ordinance Amendment No. 2007 -01 (Wireless Facilities)
iii. Conditional Use Permit 2008 -08 (Smart and Final)
Mr. Bobardt briefly discussed cancellation of the October 28, 2008 Planning
Commission meeting, and future agenda items.
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)
Staff requested that this item be continued to the November 25, 2008
Planning Commission meeting to resolve parking and use issues, and
recommended that the Planning Commission open the Public Hearing and
take public testimony. Staff will give a full presentation at the November
25, 2008 Planning Commission Meeting.
Vice Chair Hamous opened the Public Hearing.
In response to Vice Chair Hamous, Mr. Bobardt stated there were no
speakers.
Vice Chair Hamous closed the Public Hearing.
MOTION: Commissioner Taillon moved and Commissioner Di Cecco seconded
a motion to continue this item to the November 25, 2008 Planning Commission
meeting. The motion carried by voice vote 3 -0, Commissioner Landis and Chair
Peskay absent.
The Planning Commission has final approval authority for this project.
B. Consider Conditional Use Permit 2008 -06. a Proposed Retail Tobacco
and Accessories store, Including Music Sales, Located at 6593 Collins
Drive D -1 A, 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 -535 conditionally approving Conditional Use Permit No. 2008 -06.
(Staff: Joseph Fiss)
Mr. Fiss gave the staff report.
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"'00S2
Minutes of the Planning Commission
Moorpark, California Page 3 October 14, 2008
A discussion followed among Commissioners and staff regarding distance
between the entrance and building adjacent to it, hours of business,
analysis and proposed uses, requirements for use compliance with City
Zoning requirements
Vice Chair Hamous opened the Public Hearing.
Joshua Wright, Doughmain Smokeshop and Records, applicant, 6593
Collins Drive #D1 -A, Moorpark, California, spoke in favor of the project
and stated he was available for questions.
A discussion followed among Commissioners and the applicant regarding
why applicant combined music with the tobacco project, does applicant's
business in Thousand Oaks sell music, what age group is music related
to, are the tobacco, paraphernalia, and music items within the store
separated, how much of the store is music sales, how does business
function in policing underage people, will applicant run both the Moorpark
and Thousand Oaks stores.
Linda Brown, Told Partners Commercial Real Estate, spoke in favor of the
project.
Tim Rosevear, Campus Hills Resident, spoke in opposition of the project.
Jeff Gery, Campus Hills Resident, spoke in opposition of the project.
Tom Farley, Owner of Chronic Taco, spoke in favor of the project.
Mr. Wright addressed speaker concerns. The Commission questioned Mr.
Wright if the tobacco sales would include cigars and cigarettes, if any
illegal products would be sold, do patrons typically purchase products and
go outside and smoke, or take the item(s) home, if ashtrays would be
placed at the site and if Mr. Wright is in agreement with the conditions in
the staff report, including policing any loitering.
Vice Chair Hamous closed the Public Hearing.
A discussion followed among Commissioners that nothing in the code
prevents the applicant from operating the business, and the products
being sold are all legal. This is an allowable use.
MOTION: Commissioner Di Cecco moved and Commissioner Taillon seconded
a motion to adopt Resolution No. PC- 2008 -535, approving Conditional Use
Permit No. 2008 -06, subject to conditions. The motion carried by voice vote 3 -0,
Commissioner Landis and Chair Peskay absent.
SACommunity Development\ COMMISSION\ MINUTES \2008 \08_1014_pcm_adj.doc
r )053
Minutes of the Planning Commission
Moorpark, California Page 4 October 14 2008
The Planning Commission has final approval authority for this project.
9. DISCUSSION ITEMS:
A. None.
10. CONSENT CALENDAR:
MOTION: Commissioner Di Cecco moved and Commissioner Taillon seconded a
motion to approve the Consent Calendar. The motion carried by voice vote 3 -0,
Commissioner Landis and Chair Peskay absent.
A. Consider Approval of the Regular Meeting Minutes of August 26 2008.
Staff Recommendation: Approve the minutes.
11. ADJOURNMENT:
MOTION: Commissioner Taillon moved and Commissioner Di Cecco seconded a
motion to adjourn. The motion carried by voice vote 3 -0, Commissioner Landis and
Chair Peskay absent. The time was 7:40 p.m
Robert Peskay, Chair
David A. Bobardt, Planning Director
SACommunity Development \COMMISSION\ MINUTES \2008 \08_1014_pcm_adj.doc qq
ITEM: 10.13.
MINUTES OF THE PLANNING COMMISSION
Moorpark, California October 14, 2008
A Special Meeting of the Planning Commission of the City of Moorpark was held on
October 14, 2008, in the Council Chambers of said City located at 799 Moorpark
Avenue; Moorpark, California.
1. CALL TO ORDER:
Vice Chair Hamous called the meeting to order at 7:55 p.m.
2. PLEDGE OF ALLEGIANCE:
Freddy Carrillo, Assistant Planner I led the Pledge of Allegiance.
3. ROLL CALL:
Present: Planning Commissioners Di Cecco, Landis, Taillon, and Vice
Chair Hamous.
Absent: Chair Peskay.
Staff Present: David Bobardt, Planning Director; Freddy Carrillo, Assistant
Planner I; 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: November 25, 2008
i. Rescinding Toll Mazur DA, GPA, ZC
ii. Conditional Use Permit No. 2003 -05 (National Ready Mix —
Concrete Batch Plant)
iii. CUP and IPD for Pacific Pride Fueling System
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Minutes of the Planning Commission
Moorpark, California Page 2 October 14, 2008
iv. Conditional Use Permit No. 2007 -01 (Royal Street Communication -
Wireless facility)
V. Conditional Use Permit No. 2008 -09 (Verizon Wireless Facility)
vi. Wireless Communications Facilities Ordinance
Mr. Bobardt briefly discussed the future agenda items.
8. PUBLIC HEARINGS:
A. Consider Tentative Tract Map No. 5869; A Request to Subdivide an
Approved 78,939 Square Foot Medical Office Building into Condominium
Units . to Allow the Sale or Lease of Individual Office Suites within the
Building, Located at 635 Los Angeles Avenue, on the Application of Karl
Hinderer (Grand Moorpark, LLC). Staff Recommendation: 1) Open the
public hearing, accept public testimony, and close the public hearing; 2)
Adopt Resolution No. PC- 2008 -536 conditionally approving Tentative
Tract Map No. 5869. (Staff: Freddy Carrillo)
Vice Chair Hamous recused himself to avoid a potential conflict of interest
and stepped down from the dais. The time was 7:59 p.m.
In the absence of Vice Chair Hamous, Commissioner Di Cecco presided
over the meeting.
Freddy Carrillo presented the staff report.
Commissioner Landis clarified that this item
request; office and commercial condominiu
residential units. A doctor who wants to g o
purchase a space as apposed to just renting.
The Commission had no questions of staff.
is a condominium conversion
ms and is not a conversion to
into a space will be able to
Commissioner Di Cecco opened the Public Hearing.
Karl Hinderer, DRC Valencia, applicant, 251 Lupe Avenue, Newbury Park,
California, spoke in favor of the project and responded to questions from
the Commission.
The Commission questioned the applicant if there is any tax difference to
the City for a purchased suite as opposed to a leased suite.
Oscar Barrera, Resident, spoke in opposition of the project and his
concerns about the traffic impact on Shasta, Lassen and Sierra Streets.
S: \Community Development\ COMMISSION\ MINUTES \2008 \08_1014_pcm_spc.doc ei
00.
Minutes of the Planning Commission
Moorpark, California Page 3 October 14, 2008
Mr. Hinderer addressed Mr. Barrera's concerns.
Commissioner Di Cecco closed the Public Hearing.
MOTION: Commissioner Landis moved and Commissioner Taillon seconded a
motion to adopt Resolution No. PC- 2008 -536, approving Tentative Tract Map No.
5869, subject to conditions. The motion carried by voice vote 3 -0, Vice Chair
Hamous and Chair Peskay absent.
The City Council has final approval authority for this project.
Vice Chair Hamous returned to the dais at 8:06 p.m.
Commissioner Landis left the meeting. The time was 8:06 p.m.
B. Consider Conditional Use Permit No. 2008 -08, a Conditional Use Permit
for Off -Site Liquor Sales at a Proposed Smart and Final Extra Store, on
the Application of Fernando Gallarzo. Staff Recommendation: 1) Open
the public hearing, accept public testimony, and close the public hearing;
2) Adopt Resolution No. PC- 2008 -537 conditionally approving Conditional
Use Permit No. 2008 -08. (Staff: Freddy Carrillo)
Freddy Carrillo presented the staff report.
A discussion followed among Commissioners and staff regarding if
signage will be under a separate permit, if there is currently a sign on the
north elevation, is there a requirement from the City for this type of use,
and if the item is approved, will the applicant still need to apply for a permit
with Alcohol Beverage Control (ABC).
Vice Chair Hamous opened the Public Hearing.
Fernando Gallarzo, Smart and Final Extra Store, applicant, spoke in favor
of the project and stated he was available for questions.
The Commission had no questions of the applicant.
Vice Chair Hamous closed the Public Hearing.
MOTION: Commissioner Di Cecco moved and Commissioner Taillon seconded
a motion to adopt Resolution No. PC- 2008 -537, approving Conditional Use
Permit No. 2008 -08, subject to conditions. The motion carried by voice vote 3 -0,
Commissioner Landis and Chair Peskay absent.
The Planning Commission has final approval authority for this project.
SACommunity Development\ COMMISSION\ MINUTES \2008 \08_1014_pcm_spc.doc
. .)057
Minutes of the Planning Commission
Moorpark, California Page 4 October 14, 2008
9. DISCUSSION ITEMS:
A. None.
10. CONSENT CALENDAR:
MOTION: Commissioner Di Cecco moved and Commissioner Taillon seconded a
motion to approve the Consent Calendar. The motion carried by voice vote 3 -0,
Commissioner Landis and Chair Peskay absent.
A. Consider Approval of the Regular Meeting Minutes of September 23,
2008. Staff Recommendation: Approve the minutes.
11. ADJOURNMENT:
MOTION: Commissioner Di Cecco moved and Commissioner Taillon seconded a
motion to adjourn. The motion carried by voice vote 3 -0, Commissioner Landis and
Chair Peskay absent. The time was 8:20 p.m
Bruce Hamous, Vice Chair
David A. Bobardt, Planning Director
SACommunity Development \COMMISSION\ MINUTES \2008 \08_1014_pcm_spc.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,
November 25, 2008, at 7:00 p.m. in the Council Chambers of the Moorpark Community
Center, 799 Moorpark Avenue, Moorpark, California, was posted on November 21,
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 November 21, 2008.
(-44 � � � r') .
Jo ce W Figueroa, Ad inistrative Assistant
S: \Community Development \COMMISSION\AGENDA \2008 \08 1125_aop.doc
NOTICE OF CONTINUANCE OF OPEN PUBLIC HEARING
At the regular meeting of the Planning Commission's November 25, 2008,
meeting, a duly public hearing regarding:
Consider Conditional Use Permit No. 2008 -09, a Request to Install a New
Thirty -Five Foot (35') Tall "Monopine" Wireless Communication Facility at
the Ventura County Water Works Reservoir District 1 (South of Tierra
Rejada, Between Thomasville Court and Sunnyslope Place), on the
Application of Vince Anaya, for Verizon Wireless.
was continued to a Planning Commission Regular meeting to be held on January 27,
2009, at 7:00 p.m. in the Community Center located at 799 Moorpark Avenue,
Moorpark, California.
Dated: November 26, 2008
(�k � �L 6, A'a I LLh 1) 0,
i0cel R. Figueroa, Pidministrative Assistant
SACommunity Development \COMMISSION\AGENDA \2008 \08 1125_nofcofph_8.c.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. 2008 -09, a Request to Install a New
Thirty -Five Foot (35') Tall "Monopine" Wireless Communication Facility at
the Ventura County Water Works Reservoir District 1 (South of Tierra
Ree da Between Thomasville Court and Sunnyslope Place), on the
Application of Vince Anaya for Verizon Wireless.
Continued from November 25, 2008, was posted on November 26, 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 November 26, 2008.
(4j 10 t A , Aa I 10 /) t� I
J c . rigue-roaf
Administrative Assistant
SACommunity Development \COMMISSION\AGENDA \2008 \08 1125_nofcofph_8.c.doc