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HomeMy WebLinkAboutMIN 1991 0122 PC REGPlanning Commission, City of Moorpark, California Minutes of January 22, 1991 The regular meeting of the Planning Commission held on January 22, 1991 in the City Council Chambers located at 799 Moorpark Avenue, Moorpark, California. 1. CANTO ORDER The meeting was called to order at 7:10 p.m.. Chairman Roy Talley, Jr. presiding. 2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Chairman Roy Talley, Jr.. 3. ROLL CALL Present: Commissioners John Torres, Michael H. Wesner, Jr., Vice Chairman Glen Schmidt, and Chairman Roy Talley, Jr. Absent: None. Other City officials and Employees present: Patrick J. Richards, Director of Community Development; Deborah S. Traffenstedt, Senior Planner; Paul Porter, Senior Planner; Craig Malin, Assistant Planner; John Knipe, City Engineer; Pat Dobbins, Assistant City Engineer; Mark Wessel, Traffic Engineer; and Celia LaFleur, Administrative Secretary. 4. APPROVAL OF MINUTES January 7, 1991 Motion: Moved by Commissioner Schmidt and seconded by Commissioner Torres to approve the minutes of January 7, P1991 as submitted. Motion carried on a unanimous voice vote. 5. PBQMFUMTIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS None. a: \91 -1.22 Planning Commission, City of Moorpark, California Meeting of January 22, 1991 6. PUBLIC COMMENTS None. 7. CONSENT CALENDAR Resolution No. PC -91 -228 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING LAND DIVISION MOORPARK NO. LDM -90 -3 ON THE APPLICATION OF ANKA NASSI. Motion: Moved by Commissioner Torres and seconded by Commissioner Wesner to approve Resolution No. PC- 91 -228 as submitted. Motion carried 3:1, Commissioner Schmidt abstain. 8. REORDERING OF, AND ADDITIONS TO THE AGENDA None 9. PUBLIC HEARINGS A. Carlsbera Specific Plan - Rezoning Rezoning on the property from it's current: Rural. Exclusive - RE Rural. Exclusive 1 acre (one dwelling unit per acre) - RE -lac Residential Planned Development 1.6 - RPD -1.6 chanced to: Commercial Planned Development (Specific Plan) - CPD -(SP) Industrial Park (Specific Plan) - M -1 (SP) Open Space (Specific Plan) - OS (SP) Rural. Agricultural (Specific Plan) - RA (SP) Residential Planned Development lu (Specific Plan) - RPD lu (SP) a :\91 -1.22: Planning Commission, City of Moorpark, California Minutes of January 22, 1991 Pa Residential Planned Development 2u (Specific Plan) - RPD 2u (SAP) Residential Planned Development 3u (Specific Plan) - RPD 3u (SP) Residential Planned Development 5u (Specific Plan) - RPD 5u (SIP) as addressed in the Carlsberg Specific Plan text to bring the zoning designations into consistency with the approved Land Use Plan within the Carlsberg Specific Plan. The land addressed in the Carlsberg Specific Plan text is located within the City of Moorpark, Ventura County, CA and is bounded by New Los Angeles Avenue to the north, Tierra Rejada Road to the south, 23 Freeway, to the east, and Spring Road to the west. Presented by Paul Porter, Senior Planner; Staff Report dated January 15, 1991. r On October 24, 1990, the City Council reviewed an Ordinance for to adopt the Community Design Plan and the Development Standards and rezoning of the Carlsberg Specific Plan text. At that time the City Attorney advised the City Council that the Planning Commission as an Advisory Body must review and make recommendations to the Carlsberg property and would need to take action prior to the City Council taking action on the ordinance. Testimony: Allen Camp, representing the applicant, 5450 Telegraph Road, Ventura, CA 93003. Expressed his concerns that this item moved forward without delay to the City Council. Motion: Commissioner Schmidt moved and Commissioner Torres seconded a motion to approve: Resolution No. PC- 91 -229; the draft ordinance regarding the rezoning of the Carlsberg Specific Plan; that the EIR for Carlsberg Specific Plan adequately identifies the impacts of the rezoning of the property to be consistent with the land use designations for the Carlsberg property; and recommends that the City Council adopt an ordinance rezoning the Carlsberg property. a: \91 -1.22 rW Planning Commission, City of Moorpark, California Minutes of January 22, 1991 Motion carried by a unanimous voice vote. B. Conditional Use Permit No. CUP -90 -2 Archangel Michael Coptic Orthodox Church To allow an existing 2121.5 square foot building with approval of a future 1,892 expansion to the building to be used as a church. Located at 110 Freemont Street, at the southeast terminus of Freemont Street (private). Presented by Paul Porter, Senior Planner. Reference: Staff Report dated January 22, 1991. Mr. Porter in his presentation explained the applicants proposal to use an existing 2121.5 square foot building as a church and the approval of a future expansion of 1,892 square feet. Mr. Porter went on to say that the property would be limited with services on Sunday consisting of Liturgy from eight o'clock in the morning until eleven a.m., Sunday school from eleven a.m. to one p.m., and Bible study during the week from six to eight p.m. The estimated growth of the church and to include the expansion over five to seven years would be approximately one hundred members. Mr. Porter went on to say that the proposed expansion would provide for the additional required parking spaces, that the internal circulation would be sufficient, that the number of proposed parking stalls required for the project are also sufficient. Currently the access is provided by Freemont Street, and if in the future, Majestic Court is extended along the southern boundary of the property a secondary access would be provided allowing access to the church via Moorpark Avenue. At this point in the meeting Commissioner Schmidt inquired of any conflict due to his son who currently resides adjacent to the proposed Coptic Church. Staff stated, no. The applicant also concurred with staff. Commissioner Torres inquired if Majestic Court was currently proposed as an ingress /egress, and was of sufficient width. Pat Dobbins, Assistant City Engineer replied that the use of, or any improvements to Majestic Court were unknown at this time. a: \91 -1.22 Planning Commission, City of Moorpark, California Minutes of January 22, 1991 Page-5- Testimony received by the following: A. Fr. Beshoy Mikahal, Prist of the Orthodox Church. Fr. Mikahal gave a brief background of the Coptic Church. B. Medhat Maximous, representing the Coptic Church, 674 Cypress Street, Thousand Oaks. Mr. Maximous expressed his concerns regarding a conditional use permit being granted for a limited time. Requested that the Commission consider extending the length of time as a reassurance of the Coptic Church having a permanent place of worship. Mr. Maximous also requested that the following conditions be deleted within the request of approval of CUP -90 -2. 1. Condition No. 30 The applicant shall contribute to the City of Moorpark's Art in Public Places Fund, and amount of $10 dollars each 100 square feet of building area. 1 2. Condition No. 31 Prior to the issuance of a zoning clearance to tenant occupancy, the proposed use shall be reviewed and approved by the Ventura County Environmental Health Division to ensure that the proposal will comply with all applicable State and local regulations related to storage, handling, and disposal of potentially hazardous materials, and that any required permits have been obtained. If required by the County Environmental Health Division, the applicant shall prepare a hazardous waste minimization plan. 3. Condition No. 34. The applicant, permittee, or successors in interest, shall submit to the Department of Community Development a fee to cover costs incurred by the City of Condition Compliance review. 4. Condition No. 38 The applicant shall pay any school assessment fees levied by the Moorpark Unified School District. 5. Condition No. 49 a: \91 -1.22 Planning Commission, City of Moorpark, California Minutes of January 22, 1991 Pacre -6- The applicant shall demonstrate legal access to the parcel to the satisfaction of the City Engineer. Mr. :Kaximous also stated that the church facility would require an off site directional sign, because of the difficulty in locating the church. Commissioner Wesner inquired of the applicant of any special events that would take place during church occupancy. Mr. Maximous stated that at Christmas, and one special event held annually which would require a special use permit. C. Philip Abdelmalik, church member, 336 Shasta Avenue, Moorpark. Mr. Abdelmalik stated his support and approval of the request of a Conditional Use Permit. D. James Owens, 4647 Adonis Place, Moorpark. Supports the Coptic Church. Mr. Owens requested that the Commission consider modifications to various conditions where it specifies that the Director of Community Development have the authority to approve various items such as lighting le (example Gateway Plaza), and exterior building colors. Mr. Ownens continued to suggest that the applicant relocate and change the alarm company servicing this location, because of the company's lack of response time when the alarm was triggered. Mr. Owens requested that staff investigate the adjacent salvage yard for people living in abandoned vehicles. Staff replied that the Director would work to alleviate the lighting concerns. Also, if the Director of Community Development recommended a color and the applicant was not satisfied, he could appeal the decision of the Director. E. Victoria S. Anis, 2291 San Ysidro, Camarillo. In support of CUP -90 -2. F. Michael B. Boyd, 12554 Hillside Drive, Moorpark. In support of the Coptic Church. G. Dave Wilkinson, Pastor of the Presbyterian Church, 4791 Elderberry, Moorpark. In support of CUP -90 -2. Mr. Wilkinson informed the Commission that there are currently three other church facilities which have off site directional signs (Gateway Community, United a: \91 -1.22' Planning Commission, City of Moorpark, California Minutes of January 22, 1991 Page -7- Methodist, Shilo). Also that the applicants request for deletion of Condition No. 31 would an appropriate request because of the recent Presbyterian Church facility approval and waive of the requirement to provide an Arts in Public Places fee. H. Don Schmidt, 331 Freemont Street, Moorpark. Mr. Schmidt was concerned that Majestic Court could be provide as main thoroughfare to Freemont Street. Mr. Schmidt requested that the applicant and it's church members be considerate when driving a street that for so many years has been considered private. At this point in the meeting Mr. Maximous asked the chair to be recognized. Chairman Talley asked Mr. Maximous to step forward to the podium, where Mr. Maximous addressed Mr. Schmidt's concern with additional traffic on Freemont Street. He stated that church members would be assigned and members would be informed of speed limits. Commissioner Torres inquired of the turn around radius and if it were adequate for the fire apparatus. Staff stated that they would review and determine the adequacy. Staff informed the Commission of the revised City Engineer condition no. 56: "The applicant shall enter into an agreement with the City and post sufficient surety in an amount to be determined by the City to construct the Majestic Court improvements that lie within the area of the irrevocable offer of dedication for road purposes (as identified by the conceptual plan required by condition no. 55). The applicant shall do one of the following: a) pay the city for construction of these improvements along the south property frontage prior to issuance of a zoning clearance for occupancy of the existing building. The amount of payment to be approved by the City council; b) post sufficient surety in an amount to be determined by the city to construct the improvements within the next five years. If Majestic Court is not constructed before January 22, 1996 and if the applicant is granted an extension to this Conditional Use Permit for an additional five years, the city shall have the ability to modify this condition of approval ". a:\91 -1.22 Planning Commission, City of Moorpark, California Minutes of January 22, 1991 The applicant was concerned with conditional use permit approved time. His concerns to provide a permanent location for the Coptic Church were uncertain with only a five year approval and the thought that a second five year approval could be denied. Motion: Commissioner Schmidt moved and Commissioner Torres second a motion to approve Conditional Use Permit No. 90 -2 for ten years with a review at ten years and consider an additional ten year approval. That condition nos. 30, 31, 38 be waived. Motion carried by unanimous voice vote. Motion: Commissioner Wesner moved and Commissioner Talley second a motion to direct staff to review the Zoning Ordinance relating to off site signs as it relates to condition no. 49. Motion carried by unanimous voice vote. 10. DISCLISSION/ACTION ITEMS 11. None Commissioner Schmidt requested staff to investigate the Cost Auto Salvage Yard for people living in abandon vehicles. Commissioner Torres commended staff and the applicant for their patience in the evenings public hearing items. All Commissioners noted their compassion in the recent health matters faced by the Director and wished him the best. 12. STAFF COMMENTS 13. None. The Planning Commission meeting adjourned at 11:45 p.m. a:\91 -1.22 — Planning Commission, City of Moorpark, California Minutes of January 22, 1991 RESPECTFULLY SUBMITTED r d BY: Celia LaFleur, Secretary a: \91 -1.22 Chairman pres