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Home My WebLink AboutMIN 2005 0104 PC REGPlanning Commission, City of Moorpark, California Minutes of January 4, 2005 Paae 1 The Regular meeting of the Planning Commission was held on January 4, 2005, in the City Council Chambers; Moorpark Civic Center; 799 Moorpark Avenue; Moorpark, California; 93021. 1. CALL TO ORDER: Mr. Hogan called the meeting to order at 7:02 p.m. 2. PLEDGE OF ALLEGIANCE: Mr. Hogan led the Pledge of Allegiance. 3. OATH OF OFFICE: A. City Clerk Administers Oath of Office to the Planning Commission (Staff: Deborah Traffenstedt) City Clerk, Deborah Traffenstedt, administered the oath of office to Planning Commissioners Mark DiCecco, Kipp Landis, Robert Peskay, Scott Pozza and Mark Taillon. Staff attending the meeting included Barry Hogan, Community Development Director; David Bobardt, Planning Manager; Joseph Fiss, Principal Planner; Scott Wolfe, Principal Planner; Laura Stringer, Senior Management Analyst, and Gail Rice, Administrative Secretary. 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: A. Consider Selection of Chair and Vice Chair Mark DiCecco Kipp Landis Robert Peskay Scott Pozza Mark Taillon Staff Recommendation: 1) Open the floor to nominations for a Chair; 2) Once sufficient nominations have been made, close the nominations and vote; 3) Open the floor for nominations for a Vice Chair; and 4) Once sufficient nominations have been made, close the nominations and vote. (Staff: Barry Hogan) MOTION: Commissioner Landis nominated and Commissioner Peskay seconded a motion to nominate Scott Pozza as Chair. (Motion passed with a unanimous Voice Vote) S: \Community Development \ADMIN \COMMISSION \MINUTES \2005 Fina1\05_0104_pcm.doc Planning Commission, City of Moorpark, California Minutes of January 4, 2005 Paae 2 MOTION: Commissioner DiCecco nominated and Commissioner Taillon seconded a motion to nominate Commissioner Peskay as Vice Chair. (Motion passed with a unanimous Voice Vote) 5. REORDERING OF, AND ADDITIONS TO THE AGENDA: None. 6. CONSENT CALENDAR: A. Regular Meeting Minutes of December 7, 2004. MOTION: Vice Chair Peskay moved and Commissioner DiCecco seconded a motion that the Planning Commission Regular Meeting Minutes of December 7, 2004, be approved. (Motion passed with a unanimous 5:0 voice vote.) 7. PUBLIC COMMENTS: None. 8. PUBLIC HEARINGS: (next Resolution No. 2005 -467) A. Consider Conditional Use Permit No. 2004 -04, a Request for a Conditional Use Permit to Allow a Maximum of Four (4) Restaurant Uses to Serve Alcoholic Bevera es in Conjunction with Food Service and One Retail Store Selling Premium Wine, Liquor, Cigars and Related Accessories at the LA Spring Shopping Center (CPD No 2002 -01), Located at the Northeast Corner of New Los Angeles Avenue and Spring Road, on the Application of GreeneWay Development, Inc. (Staff: Barry Hogan) Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC -2005- approving Conditional Use Permit No. 2004 -04, subject to conditions. Barry Hogan gave the staff presentation. The Commission questioned staff whether the Secret Garden Restaurant was also in Census Tract 76.02; the 50% rule referenced on liquor sales and who handles the monitoring of sales of alcohol versus the sale of food; the number of restaurants in the project and the S: \Community Development \ADMIN \COMMISSION \MINUTES \2005 Final \05_0104_pcm.doc Planning Commission, City of Moorpark, California Minutes of January 4, 2005 Paae 3 difference between hours of operations for different Conditional Use Permits. Chair Pozza opened the public hearing. John Newton, applicant's representative, stated that the proposed Conditions of Approval were acceptable to the applicant. He commented on the hours of operation, and mentioned that the applicant met with concerned residents from the neighboring Homeowner's Association. Larry Greene, applicant, stated he had signed leases for three restaurants, two of which had also applied for an ABC license. The Commission questioned the applicant on the retail sale of wine, premium alcohol and tobacco, and requested staff to add a condition for the store to participate in the "We Card" program. John Houchins, resident, commented on the distance between the proposed center and the residences, stating a concern with loitering. He commented on over - concentration of alcohol sales in the area and requested a change in the hours of operation. John Miller, resident, commented on prohibiting beer sales, the number of restaurants and retail stores serving alcohol, and closing hours earlier than 10:00 p.m. He stated concerns with left turn egress from the project site, activity at the back doors which are within fifty -five feet from the residences and requested a condition that would limit usage of these doors. He also stated a concern with the project meeting air quality requirements and hand stickers being placed on resident's vehicles. He also requested a restriction on the liquor store's advertising. Chair Pozza closed the public hearing. Four written statement cards were received. The Commission questioned staff on the regulation of back door usage, restrictions on trash removal, whether the Mexican food restaurant was dine -in or take out, how to prevent people from using the restaurants as a bar only, how the City could prevent S: \Community Development \ADMIN\COMMISSION\MINUTES \2 005 Final \05_0 1 04_pcm. doc Planning Commission, City of Moorpark, California Minutes of January 4, 2005 Paae 4 loitering, and the timeframe on Conditional Use Permits versus an ABC permit. The Commission suggested that the permit be limited to three restaurants and one site retail sales to include premium liquor and wine but no beer sales. They also recommended that the premium wine store be required to participate in the "We Card" program. The Commission discussed over - concentration of alcohol sales within the census tract, and recommended that the premium wine store close by 10:00 p.m. They also questioned the need for a condition regarding enforcement of the sign ordinance for the project. MOTION: Commissioner DiCecco moved and Commissioner Landis seconded a motion to approve staff recommendation and adopt Resolution No. 2005 -467, with amended conditions to include: • No beer sales at the retail liquor store; • Participation in the "We Card" program by the retail liquor store; • Limit of only three (3) restaurant establishments that may sell beer and wine with food service; • Limit of liquor store hours of operation to 6:00 a.m. to 10:00 p.m.; • Requirement that back doors kept closed and used for emergency access only and that trash removal be done prior to 8:00 p.m.; and • Removal of a proposed condition that restricts advertising displays inside the retail liquor store. (Motion passed with a unanimous 5:0 voice vote.) Planning Commission approval of this item is final unless appealed within ten (10) days. B. Consider Zoning Ordinance Amendment No 2004 -05, a Request to Amend Chapter 17.74 of the Moorpark Municipal Code Relating to the Development Standards of Specific Plan No. 2; and Residential Planned Development Nos. 2004 -02 and -03, for Construction of a Total of 132 Single- Family, Detached Residential S: \Community Development \ADMIN \COMMISSION \MINUTES \2005 Fina1\05_0104_pcm.doc Planning Commission, City of Moorpark, California Minutes of January 4, 2005 Paqe 5 Units within Specific Plan No. 2, Located Approximately One -half Mile North of the Northerly Terminus of Spring Road and Three - fourths of One Mile East of Walnut Canyon Road, on the Application of Pardee Homes. (Assessor Parcel Numbers: Portions of 500 -0- 270 -07, 500 -0- 027 -08, 500 -0- 270 -19, 500- 0 -270- 20, 500 -0- 024 -03, 500 -0- 024 -04, 500 -0- 024 -22, 500 -0- 024-23) (Staff: Scott Wolfe) Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC -2005- recommending to the City Council conditional approval of Zoning Ordinance Amendment No. 2004 -05, Residential Planned Development Permit No. 2004 -02, and Residential Planned Development Permit No. 2004 -03. Scott Wolfe gave the staff presentation. The Commission questioned staff regarding house footprints on the lots and tight setbacks. The Commission asked questions regarding those homes that would allow horses; plans to control the noise, odor and insects; and access to the equestrian trail. The Commission also questioned planned landscaping for screening of equestrian access trails on slopes, requirements for concrete pads and screening for recreational vehicle or horse trailer storage, patio cover construction, and solar panel requirements. Chair Pozza opened the public hearing. Jim Bizzelle, applicant, stated he was available for questions and commented that restrictions by CC &R's will remain for all owners of the homes in the project and maintenance of the slope could be through the Homeowner's Association. Gary Armstrong, applicant's engineer, commented on the various lots and setbacks in Planning Areas 8 and 9. Loren Smets, applicant's architect, commented on the elevations for Planning Areas 8 and 9. Paul Hoffineier, resident, commented on concerns regarding the amount of dirt created by construction, heavy equipment noise and dislocated animals. He S: \Community Development \ADMIN \COMMISSION \MINUTES \2005 Final \05_0104_pcm.doc Planning Commission, City of Moorpark, California Minutes of January 4, 2005 Paae 6 commented on small lots, square footage and setbacks in Planning Area 9. Pete Peters, resident, trails, horse keeping on issues for access to the Walnut Canyon Road. commented the equestrian smaller lots, and traffic trail system which crosses The Commission questioned the applicant regarding proposed trail access to Planning Area 8, the Moorpark Municipal Code requirements for horse keeping and patio cover designs matching the horse facility structures. Chair Pozza closed the public hearing. There were no written statement cards received. The Commission discussed parking restrictions on private streets and tandem parking, notification to purchasers in both Planning Areas 8 and 9 that horse keeping is allowed in Planning Area 8. They suggested that a copy of Municipal Code 17.28.030 be provided to each purchaser for an understanding of horse keeping laws. The Commission also requested that staff consider lot 304 setbacks, accommodation for large vehicles, reduction in rear yard setbacks, existing dimensions for Planning Area 8, recreational vehicle access and screening, and setbacks between the homes on "B" Street. MOTION: Commissioner Taillon moved and Commissioner Landis seconded a motion to approve staff recommendation, adopting Resolution No. PC- 2005 -468 recommending City Council conditional approval of Zoning Ordinance Amendment No. 2004 -05, Residential Planned Development Permit No. 2004 -02, and Residential Planned Development Permit No. 2004 -03 approval, with the Conditions of Approval, as amended to include: • A requirement that recreational vehicle storage areas include a concrete surface and be screened by a solid gate. • CC &R's to include disclosure of horse keeping in Planning Area 8 and information on animal keeping regulations. S: \Community Development \ADMIN \COMMISSION \MINUTES \2005 Fina1\05_0104_pcm.doc Planning Commission, City of Moorpark, California Minutes of January 4, 2005 Paae 7 • A deviation of at least five feet (5') in front yard setbacks, to the satisfaction of the Community Development Director. • Enhancement of the street side elevation of the house on lot 254. • A twenty foot (201) front yard setback for lot 304. • Rear yard slope maintenance within Planning Area 8 to be the responsibility of the Homeowner's Association. (Motion passed with a unanimous 5:0 voice vote.) C. Consider Conditional Use Permit No. 2004 -06, A Conditional Use Permit to Allow the Sale and Consumption of Alcoholic Beverages (in Addition to Beer and Wine) in Conjunction with Food Service at 255 E. High Street (Secret Garden Restaurant) on the Application of Michel Bardavid (APN 512 -0- 093 -18) (Staff: Joseph Fiss) Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC -2005- conditionally approving Conditional Use Permit No. 2004 -06. Joseph Fiss gave the staff presentation. The Commission questioned staff on the varied closing times for Conditional Use Permits which involved alcohol sales. Chair Pozza opened the public hearing. Michele Bardavid, applicant, stated his intent was not to install a bar in his restaurant but to offer alcoholic drinks with patron's meals. Chair Pozza closed the public hearing. There were no written statement cards received. The Commission commented the Secret Garden Restaurant was one of the highlighted businesses in the City. MOTION: Commissioner Landis moved and Vice Chair Peskay seconded a motion to approve staff recommendation, adopting Resolution No. PC- 2005 -469. S: \Community Development \ADMIN \COMMISSION \MINUTES \2005 Fina1\05_0104_pcm.doc Planning Commission, City of Moorpark, California Minutes of January 4, 2005 Paae 8 (Motion passed with a unanimous 5:0 voice vote.) Planning Commission approval of this item is final unless appealed within ten (10) days. 9. DISCUSSION ITEMS: A. Project Introduction of Residential Planned Development Permit No. 2003 -04, General Plan Amendment 2003 -04, Zone Change 2003 -03, Tentative Tract Map No 5463, an Expansion of the Country Club Estates Project on 43.3 Acres Located on the North Side of Championship Drive, East of Grimes Canyon Road and Residential Planned Development Permit No. 1994 -01 Modification No. 6, General Plan Amendment 2003 -04, Zone Change 2003 -03, Tentative Tract Map No 5464, an Expansion of the Country Club Estates Project on 28.69 Acres Located North of Championship Drive, West of Walnut Canyon Road; on the Application of Toll Brothers, Inc. (Staff: Joseph Fiss) Staff Recommendation: Receive and File. Joseph Fiss gave staff presentation. Mr. Hogan commented on the public hearing process, environmental review and stated the design will enhance the City entrance on both Walnut Canyon and Grimes Canyon Roads. He noted a potential conflict of interest with one of the Commissioners. B. Consider Regular Meeting Schedule, Time and Place. Staff Recommendation: Adopt a regular meeting schedule to be the fourth (4th) Tuesday of each month starting at 7:00 p.m. at the Moorpark City Hall Council Chambers, 799 Moorpark Avenue, Moorpark, CA 93021, commencing on the fourth (4th) Tuesday of January, 2005 (January 25). (Staff: Laura Stringer) Laura Stringer gave the staff presentation. The Commission questioned if the recommended schedule conflicted with the school board district meetings. Staff provided clarification. MOTION: Chair Pozza moved and Commissioner DiCecco seconded a motion to approve staff recommendation. (Motion passed with a unanimous 5:0 voice vote.) S: \Community Development \ADMIN \COMMISSION \MINUTES \2005 Fina1\05_0104_pcm.doc Planning Commission, City of Moorpark, California Minutes of January 4, 2005 C. Consider Electronic Commissioners. Pacre 9 enda Packets for Plannin No Agenda Report (Staff: Barry Hogan) Mr. Hogan provided a brief overview of staff's desire to furnish the Commission electronic copies of all future agenda packets. Commissioner DiCecco requested to be a beta tester. D. Consider Brown Act Requirements /Questions No Agenda Report (Staff: Barry Hogan) Mr. Hogan explained that a power point presentation was forwarded to the Commission for review and that staff was available for questions. He discussed disclosure and conflict of interest. 10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: A. January 25, 2005 • Conditional Use Permit No. 2004 -05 - Garrett Custom Trailers B. February 22, 2005 Mr. Hogan gave the Commission an overview of future agenda items. 11. ADJOURNMENT: MOTION: Commissioner Landis and Vice Chair Peskay seconded a motion to adjourn the meeting. (Motion carried with a unanimous 5:0 voice vote.) The meeting was adjourned at 9:48 p.m. .r E Scott Po a, Chair ATTEST: JB ry' . Hog , Community Development Director S: \Community Development \ADMIN \COMMISSION \MINUTES \2005 Fina1\05_0104 _pcm.doc