HomeMy WebLinkAboutMIN 2007 0925 PC REGITEM: 10.A.
Planning Commission, City of Moorpark, California
Minutes of September 25, 2007 Regular Meeting
Page 1
1 The Regular meeting of the Planning Commission was held on September 25, 2007, in
2 the City Council Chambers; Moorpark Civic Center; 799 Moorpark Avenue; Moorpark,
3 California; 93021.
4 1. CALL TO ORDER:
5 Chair Taillon called the meeting to order at 7:05 p.m.
6 2. PLEDGE OF ALLEGIANCE:
7 Barry Hogan, Deputy City Manager, led the Pledge of Allegiance.
8 3. ROLL CALL:
9 Present: Planning Commissioners Di Cecco, Hamous, Vice Chair
10 Peskay and Chair Taillon.
11
12 Absent: Commissioner Landis
13
14 Staff present: Barry Hogan, Deputy City Manager; David Bobardt, Planning
15 Director; Joseph Fiss, Principal Planner; Joe Vacca,
16 Principal Planner; Maureen Benson, Assistant City Clerk;
17 and Joyce Figueroa, Administrative Assistant.
18 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS:
19 None.
20 5. PUBLIC COMMENTS:
21 None.
22 6. REORDERING OF, AND ADDITIONS TO THE AGENDA:
23 None.
24 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS AND REPORTS ON
25 MEETINGS /CONFERENCES ATTENDED BY THE COMMISSION:
26 (Future agenda items are tentative and are subject to rescheduling.)
27 A. October 23, 2007
Mod. No. 1 to IPD /DP 300 (Parking Structure at 5898 Condor Drive)
CUP No. 2007 -01 (Wireless Facility at 12777 Tierra Rejada Road)
29 Mr. Bobardt briefly discussed future agenda items.
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Planning Commission, City of Moorpark, California
Minutes of September 25, 2007 Regular Meeting
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1 8. PUBLIC HEARINGS: (next Resolution No. PC- 2007 -523)
2 A. Consider Conditional Use Permit No. 2007 -04, a Conditional Use Permit
3 for Sale of Alcoholic Beverages for Off -Site Consumption at a Proposed
4 Circle K Convenience Store at 6593 Collins Drive (Campus Plaza), on the
5 Application of Saib Alrabadi. (Continued from June 26, 2007 meeting)
6 (Staff: Joseph Fiss) Staff Recommendation: 1) Open the public hearing,
7 accept public testimony and close the public hearing; 2) Adopt Resolution
8 No. PC -2007- denying the application for Conditional Use Permit No.
9 2007 -04.
10
11 Commissioner Hamous recused himself to avoid a potential conflict of interest
12 and stepped down from the dais. The time was 7:07 p.m.
13 Mr. Fiss gave the staff report.
14 The Commission questioned staff if the City has received any Zoning Clearances
15 for restaurants at the proposed site, which is the store in the center that now sells
16 alcohol.
17 Chair Taillon opened the public hearing.
18
19 Saib Alrabadi, applicant spoke in favor of the project and stated he was available
20 for any questions the Commission may have.
21
22 The Commission questioned the applicant if Circle K is a franchise and do they
23 have a requirement that they sell alcohol, beer, wine and liquor to have a
24 franchise or can they have a Circle K franchise without the sales of alcohol.
25
26 The Commission questioned staff what is the condition or if there is a distance of
27 having another like in the same center and if there is anything that would keep
28 ABC from issuing applicant a license.
29
30 Chair Taillon closed the public hearing.
31
32 Mr. Bobardt recommended a continuance of this item to the October 23, 2007
33 Regular Planning Commission meeting if the Commission is inclined to approve
34 the application.
35
36 MOTION: Vice Chair Peskay moved and Commissioner Di Cecco seconded a
37 motion to continue this agenda item to the October 23, 2007 Regular Planning
38 Commission meeting with direction to staff to prepare findings and conditions for
39 approval. The motion carried by a 3:0 voice vote; Commissioners Hamous and
40 Landis absent.
41 The Planning Commission is final approval for this project.
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Planning Commission, City of Moorpark, California
Minutes of September 25, 2007 Regular Meeting
Pape 3
1 B. Consider Conditional Use Permit Nos. 2007 -05, 2007 -06, and 2007 -07, a
2 Request to Allow Alcoholic Beverage (Including Liquor) Sales For Off -Site
3 Consumption at a Proposed Market and to Allow Beer and Wine Sales for
4 On -Site Consumption at Two (2) Proposed Restaurants, All Within a
5 Shopping Center Currently Under Construction South of Los Angeles Avenue
6 and West of Moorpark Avenue, on the Application of Tuscany Partners, LLC.
7 (Staff: Joseph Fiss) Staff Recommendation: 1) Open the public hearing,
8 accept public testimony and close the public hearing; 2) Adopt Resolution No.
9 PC- 2007 -523 approving Conditional Use Permit Nos. 2007 -05, 2007 -06, and
10 2007 -07.
11
12 Commissioner Hamous returned to the dais. The time was 7:27 p.m. and
13 Commissioner Di Cecco recused himself due to a potential conflict of interest and
14 stepped down from the dais. The time was 7:28 p.m.
15 Mr. Fiss gave the staff report.
16 The Commission questioned staff about the Sushi Restaurant diagram and if ten
17 percent of Tesco would be used for the sale of alcohol, beer, wine and liquor.
18 Staff was also questioned about linear feet and if there is a square footage
19 criteria of what is sold in the market and what conditions are different at the
20 proposed site than over by Campus Park that allows another off -site sale.
21 Chair Taillon opened the public hearing.
22 Larry Greene, applicant, spoke in favor of the project and stated he was available
23 for any questions the Commission may have.
24
25 Curtis Paige, resident, spoke in opposition of the project.
26 Chair Taillon closed the public hearing.
27
28 At this point staff stated that the applicant had the opportunity to respond to any
29 comments that were given. Mr. Greene did not have any additional comments.
30
31 The Commission questioned staff if there is a saturation point that would limit
32 these permits.
MOTION: Vice Chair Peskay moved and Commissioner Hamous seconded a
motion to accept staff recommendation and adopt Resolution No. PC- 2007 -523,
approving Conditional Use Permit Nos. 2007 -05, 2007 -06, and 2007 -07. The
motion carried by a 3:0 voice vote; Commissioners Di Cecco and Landis absent.
33 The Planning Commission is final approval for this project.
34 C. Consider the Repeal of Ordinance No. 166 and the Approval of Zoning
35 Ordinance Amendment No. 2007 -03, to Amend Chapter 17.20 Table
36 17.20.060A1: Amend Section 17.24.040 by Addina Section 17.24.040N
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Planning Commission, City of Moorpark, California
Minutes of September 25, 2007 Regular Meeting
Pape 4
1 Adult Business Minimum Location Requirements; and Amend Chapter
2 17.28 by Adding Section 17.28.050 Adult Business Permit. (Staff: Barry
3 Hogan) Staff Recommendation: 1) Open the public hearing, accept public
4 testimony and close the public hearing; 2) Adopt Resolution No. PC -2007-
5 524 recommending to the City Council repeal of Ordinance No. 166 and
6 approval of Zoning Ordinance Amendment 2007 -03.
8 Commissioner Di Cecco returned to the dais. The time was 7:44 p.m.
19 0 Mr. Hogan gave the staff report.
11 Mr. Hogan introduced Don Davis, Attorney from Burke, Williams and Sorenson,
13 expert in first amendment rights.
14 The Commission questioned staff about the proposed ordinance and operational
15 status and asked staff to define some of the uses, and discussed penal code
16 violations and use requirements.
18 Chair Taillon opened the public hearing.
19
20 There were no speaker cards for this item.
21
22 Chair Taillon closed the public hearing.
23 MOTION: Commissioner Di Cecco moved and Vice Chair Peskay seconded a
24 motion to accept staff recommendation and adopt Resolution No. PC- 2007 -524,
25 recommending to the City Council repeal of Ordinance No. 166 and approval of
26 Zoning Ordinance Amendment 2007 -03. The motion carried by a 4:0 voice vote;
27 Commissioner Landis absent.
28
29 The City Council is final approval for this project.
30 D. Consider Zoning Ordinance Amendment 2007 -02 Amending Section
31 17.20.060 to Add Medical Marijuana Dispensaries as a Prohibited Use in
32 All Commercial, Industrial and Institutional Zones, and to Revise Use
33 Restrictions on Body Piercing and /or Tattoo Shops, Tobacco Stores,
34 Including but not Limited to Cigarette, Cigar and Smoking Paraphernalia
35 Shops, Pawnshops, Thrift Stores, Consignment Stores, Secondhand
36 Shops, Clubhouses, Social Clubs, and Service Clubs in the Commercial,
37 Industrial, and Institutional Zones. (Staff: Barry Hogan) Staff
38 Recommendation: 1) Open the public hearing, accept public testimony
39 and close the public hearing; 2) Adopt Resolution No. PC- 2007 -525
40 recommending to the City Council approval of Zoning Ordinance
41 Amendment 2007 -02.
42 Mr. Hogan gave the staff report.
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Planning Commission, City of Moorpark, California
Minutes of September 25, 2007 Regular Meeting
Page 5
1 The Commission questioned staff about social clubs, churches, and other
2 institutional uses in the M -1 zone, as well as parking and second hand thrift
3 stores.
4 Chair Taillon opened the public hearing.
5
6 There were no speaker cards for this item.
7
8 Chair Taillon closed the public hearing.
9
10 MOTION: Commissioner Di Cecco moved and Vice Chair Peskay seconded a
11 motion to accept staff recommendation and adopted Resolution No. PC -2007-
12 525 recommending to the City Council approval of Zoning Ordinance
13 Amendment 2007 -02. The motion carried by a 4:0 voice vote; Commissioner
14 Landis absent.
15 The City Council is final approval for this project.
16 9. DISCUSSION ITEMS:
17
18 None
19 10. CONSENT CALENDAR:
20 MOTION: Vice Chair Peskay moved and Commissioner Hamous seconded a
21 motion to approve the Consent Calendar. The motion carried by a 4:0 voice
22 vote; Commissioner Landis absent.
23
24 A. Reaular Meetina Minutes of July 24. 2007.
25 11. ADJOURNMENT:
26
27
Chair Taillon adjourned the meeting at 8:19 p.m.
28
29
30
31 David A. Bobardt, Planning D rector
a///; //-
Mark Taillon, Chair
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