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HomeMy WebLinkAboutMIN 1998 0622 PC REGPlanning Commission, City of Moorpark, California Minutes of June 22, 1998 The Regular Meeting of the Planning Commission was held on June 22, 1998, in the City Council Chambers, Moorpark Civic Center, 799 Moorpark Avenue, Moorpark, California, 93021. 1. Call to Order The meeting called to order at 7:14 p.m. 2. Pledge of Allegiance Commissioner Miller led the pledge of allegiance to the flag. 3. Roll Call Chairman Lowenberg, Commissioners Millhouse, Acosta, Miller and DiCecco were present at the meeting. Staff attending the meeting included Nelson Miller, Director of Community Development; Wayne Loftus, Planning Manager; Paul Porter, Principal Planner; Dirk Lovett, Assistant City Engineer; Jim MacDonald, Building Official; and Celia La Fleur, Administrative Secretary. 4. Proclamations, Commendations and Special Presentations None 5. Reordering of, and Additions to, the Agenda None 6. Approval of Minutes None 7. Public Comments None 8. Consent Calendar None 9. Public Hearings A. Entitlement: Conditional Use Permit No. 98 -2. Location: 79 to 95 East High Street (Assessor's Parcel Number: 512- 0- 091 -060). Applicant: Javier Hernandez Ortiz. Proposal: Consider a request for operation of a nightclub. Staff Recommendation: 1. Open the public hearing, receive public testimony and close the public hearing. 2. Make the appropriate findings, which are specified in Resolution No. PC -98 -355, including the environmental F 19980622 PCM1 01 PM Planning Commission, City of Moorpark, California Minutes of June 22, 1998 Page - 2 - determination. 3. Adopt Resolution No. PC -98 -355, denying Conditional Use Permit No. 98 -02. Staff provided the presentation. Testimony received from the following: Warren Tetz, Moorpark Chamber representative, 3935 Willowcreek Lane, Moorpark. Mr. Tetz provided background information concerning the proposed facility prior use (Whistle Stop), bar and restaurant. Eloise Brown, 13193 Annette Street, Moorpark. Mrs. Brown said this facility was previously a dance hall in old Moorpark, and like Wood Ranch Restaurant, we shouldn't be intimidated about children and the proposed bar area. Jose Espinoza, 530 Sierra Avenue, Moorpark. Mr. Espinoza read from a letter, which said he found the opportunity to come to Moorpark 2 years ago when he heard the City of Moorpark was supporting new business and worked hard with Mr. Ortiz and the City's help to establish a restaurant facility at this location. George Shakiban, 23586 Calabasas Road, Calabasas. Mr. Shakiban said he was a structural engineer, and plans had been approved by the fire department. He said he was familiar with parking issues and he believed this project fully complied with requirements. The Commission discussed the expense and feasibility of expanding the proposed facility, hours of operation, nuisance issues and the history of the facility. Ludy Topete, 79 High Street, Moorpark. Mrs. Topete invited the Commission to ask her questions about the existing business. Mrs. Topete explained that the restaurant would provide a security guard and no bar service would be provided to under age (21) persons. The hours of operation proposed were 7:00 p.m. to 1:00 a.m., and currently were Friday, Saturday and Sunday 7:00 p.m. to 12:00 p.m. Bob Holms, (no address provided) Thousand Oaks. Mr. Holms addressed the construction needed at this location. Becky E. Rittorit, 4719 Maureen Lane, Moorpark Community Church, Moorpark. Mrs. Rittorit as a representative of the Church. She said she had obtained signatures in F 1998&0622PCM1 01 PM Planning Commission, City of Moorpark, California Minutes of June 22, 1998 Paae - 3 - opposition to this proposal and recommended denial before the use becomes a problem. Roseann Mikos, 14371 E. Cambridge Street, Moorpark. Ms. Mikos, a 17 year resident asked to reconsider the proposal and suggested that the doorway be used as controlling point for security. Ms. Mikos said the applicant would comply with the Fire Department's requirements. David Aguirre, 689A New Los Angeles Avenue, Moorpark. Mr. Aguirre questioned how the applicant intended to keep under age persons out of the bar area without a physical barrier. Public hearing closed at 8:14 p.m. MOTION: Commissioner Millhouse moved and Commissioner Miller seconded a motion to approve staff recommendation to approve Resolution No. PC -98 -355 to deny CUP -98 -2. Roll Call Vote: DiCecco, Aye; Acosta, No; Miller, Aye; Millhouse, Aye; Lowenberg Aye Motion passed 4:1 B. Entitlements: Industrial Planned Development Permit No. 98 -1. Proposed two story 21,000 square foot (18,000 square foot first floor, 3,000 square foot second floor) manufacturing warehouse building including parking and landscaping located on Lot No. 2 of Tract 3492, Assessor Parcel No. 513 -0- 060 -285. Industrial Planned Development No. 98 -2. Proposed two story 21,000 square foot (18,000 square foot first floor, 3,000 square foot second floor) manufacturing warehouse building including parking and landscaping located on Lot No. 3 of Tract 3492, Assessor Parcel No. 513 -0- 060 -035. Industrial Planned Development Permit No. 98 -3: Proposed two story 16,700 square foot (13,700 square foot first floor, 3,000 square foot second floor) manufacturing warehouse building located on Lot No. 1 of Tract 3492, Assessor Parcel No. 513 -0- 060 -275. Applicant: Jerrold S. Felsenthal (IPD 98 -1 &2) J and L Investments (IPD 98 -3). Location: Lot Nos. 1, 2, and 3 of Tract 3492 located on the northeast corner of Condor Drive and Los Angeles Avenue at the Highway 118 on -ramp in the City of Moorpark. Staff Recommendation: 1. Open the public F 1998-06-22 PCM1 01 PM Planning Commission, City of Moorpark, California Minutes of June 22, 1998 Page - 4 - hearing, accept public testimony and close the public hearing. 2. Consider the Mitigated Negative Declaration prepared for the requested entitlements prior to making a recommendation to the City Council for approval of denial of the projects. 3. Adopt Resolution No. recommending to the City Council approval of the Industrial Planned Development Permit. Wayne Loftus provided the staff presentation. Testimony received from the following: Mike Tingus, The Seeley Company, 16830 Ventura Blvd., Suite S, Encino. In support of the proposal. Ray Musser, R.M. Architects, 7112 Los Coyotes Place, Camarillo. In support of the proposal. Edward E. Gripp, 1449 Doral Circle, Thousand Oaks. In support of the proposal. Jerrold Felsenthal, 9201 Wilshire Blvd., #301, Beverly Hills. Mr. Felsenthal spoke in support of his proposal to construct Industrial Planned Development No. 98 -2, a proposed two story 21,000 square foot (18,000 square foot first floor, 3,000 square foot second floor) manufacturing warehouse building. Also, Industrial Planned Development Permit No. 98 -3, a proposed two story 16,700 square foot (13,700 square foot first floor), 3,000 square foot second floor) manufacturing warehouse building. Public Hearing Closed at 9:19 p.m. MOTION: Commissioner Millhouse moved and Commissioner Acosta seconded a motion to approve Resolution No. PC -98 -357 with revisions to Condition Nos. 38, Item 2; 65; 49; 91; and 124. 38. The plot plan shall not be revised to reflect any requirements for right -of -way dedications, unless an appropriate modification is approved by the City. In addition, the following revisions to the site plan shall be made subject to the review and approval of the Director of Community Development prior to the issuance of a Zoning Clearance for construction. 2. On IPD 98 -3 the loading areas shall be located completely within the building, including the placement of overhead roll -up doors which F 199 8-0622 PCM1 01 PM Planning Commission, City of Moorpark, California Minutes of June 22, 1998 e - 5 - shall be kept continuously closed except to allow vehicle ingress and egress. There shall be a second set of roll -up doors located inside the loading area to separate the loading zone from the lease area to be used for manufacturing, warehouse, etc. Additionally, the enclosed loading area shall be separated with a wall from the main building area and shall be properly vented so as to avoid exhaust fumes from vehicles utilizing the loading area. 49. Roof mounted equipment is prohibited, except for equipment that cannot be mounted on the ground and approved to be roof mounted by the Director of Community Development. No roof mounted equipment (vents, stacks, blowers, air conditioning equipment, etc.) may extend above any parapet wall, unless screened on all four sides by view obscuring material that is a design element of the building. Prior to the issuance of a Zoning Clearance for construction, the final design and materials for the roof, the Director of Community Development must approve screen and location of any roof - mounted equipment. All screening shall be tall enough to block all ground level views as well as those from Highway 118 and shall be maintained during the life of the permit. Construction material shall match the color and material used in the construction of the buildings. Colors, materials and building appendages (such as mechanical equipment on the roof, etc.) of the proposed building shall be compatible with the existing building and adjacent development and non - reflective in nature. 65. This project is proposed to balance cut and fill on -site. Unanticipated off -site import /export operations requiring up to 30 total truck loads of soils material shall require Council approval prior to the commencement of hauling or staged grading operations. 91. Street lights shall be provided on the improvement plans per Ventura County Standards and as approved by the City Engineer. The Developer shall pay all F 1998-0611 PCM1 01 PM Planning Commission, City of Moorpark, California Minutes of June 22, 1998 Page - 6 - energy costs associated with public street lighting for a period of one year from the acceptance of the street improvements. 124. If damaged and directed by the City Engineer or Public Works Director, the developer shall have repaired, overlay or slurried that portion of Condor Drive adjacent the development. The repairs, overlay or slurry repairs shall extend from curb to curb along the entire length of the project including transitions unless otherwise approved and shall be completed to the satisfaction of the City Engineer. Motion passed with a unanimous voice vote. 9. Discussion Items None 10. Announcements of Future Agenda Items Nelson Miller announced the City Council /Planning Commission Joint Meeting scheduled for July 8, 1998, at 6:30 p.m. The Director informed the Commission that Mr. Bromiley (Industrial Planned Development Permit No. IPD 98 -04, Parcel Map 5123) had been tentatively scheduled for July 13, but had requested a continuance. The item will be scheduled for August 10, 1998. 11. Adjournment The meeting adjourned at 9:30 p.m. ATTEST: a ry . HocAnj Community D e ment D' ector William F. Otto,',- Chair for Gary Lowenber hairman F 1998 06-22 PCM8 04 AM