HomeMy WebLinkAboutMIN 2001 0611 PC REGPlanning Commission, City of Moorpark, California
Minutes of June 11, 2001
Page 1
The Regular Meeting or the Planning Commission was held on June
11, 2001, in the City Council Chambers, Moorpark Civic Center,
799 Moorpark Avenue, Moorpark, California, 93021.
1) CALL TO ORDER:
Chairperson Parvin called the meeting to order at 7:08 p.m.
2) PLEDGE OF ALLEGIANCE:
Vice Chairperson Otto led the Pledge of Allegiance to the
Flag.
3) ROLL CALL:
Janice Parvin, Chairperson
William F. Otto, Vice Chairperson
Mark DiCecco
Paul Haller
Kipp Landis
All commissioners were present. Staff attending the meeting
included Wayne Loftus, Director of Community Development,
Paul Porter, Principal Planner, Walter Brown, City
Engineer, and Celia LaFleur, Administrative Secretary.
4) PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS:
None
5) REORDERING OF, AND ADDITIONS TO, THE AGENDA:
CONSENSUS: By consensus of the Commission, Item 8.B. to be
heard first on the agenda followed by 8.A, and S.C.
6) CONSENT CALENDAR:
A) Planning Commission Minutes of May 14, 2001
MOTION: Commissioner Haller moved and Commissioner Landis
seconded a motion to approve the minutes of May 14, 2001.
Motion passed with a 5:0 unanimous voice vote.
7) PUBLIC COMMENTS:
None
M: ICLefleuNK- minutes12001minutes101Jun 11- pcm.mv.doc
Planning Commission, City of Moorpark, California
Minutes of June 11, 2001
Page 2
PUBLIC HEARINGS:
A) Commercial Planned Development Permit No. CPD 2000.02
for a Jack in the Box Restaurant with drive - through
service and two -story retail /office building
(Applicants: Jack in the Box and Acres Realty).
Planning Commission action is a recommendation to the
City Council who will take final action. Staff
Recommendation: 1) Open the public hearing, accept
public testimony and close the public hearing. 2)
Consider the Mitigated Negative Declaration prepared
for the requested entitlement prior to making a
recommendation to the City Council. 3) Adopt
Resolution No. PC -2001- recommending to the City
Council conditional approval of Commercial Planned
Development Permit No. CPD 2000.02.
Presented by Paul Porter, Principal Planner.
Reference: Staff Report dated June 11, 2001.
Commissioners discussion and staff responses centered
on the following concerns:
❑ Traffic /circulation
❑ Ingress /Egress
❑ Lighting.
❑ NPDES requirements.
❑ Phasing of construction.
❑ Staff efforts to achieve vehicle circulation
between the Mobil Gasoline station and the
proposed site.
❑ Provisions for signage to identify ground floor
office /commercial uses.
❑ Need for safe pedestrian access from the west
(Pacific Communities) to allow pedestrian access
before crossing the driveway access.
❑ Consider all alternatives for access to the east.
❑ That the drive - through restaurant will be built
and office /commercial will not.
❑ Screening of roof mounted materials.
Planning Commission, City of Moorpark, California
Minutes of June 11, 2001
Page 3
Commissioner Haller commented and staff responded
concerning the one way access from Liberty Bell at the
Mobil Station and car wash.
Staff responded to comments on NP
Commissioner DiCecco commented and staff responded
concerning lighting and access from Los Angeles
Avenue.
Commissioner Otto commented to and staff responded
concerning phasing.
Commissioner Landis commented to and staff responded
concerning access alternatives circulation and
visibility.
Commissioner Haller commented to and staff responded
concerning alternatives for access from Liberty Bell
Road.
Commission Parvin commented to and staff responded
concerning roof mounted material.
Public hearing opened.
Testimony received from the following:
Joe Ahearn, applicant's representative, 484 E. Los
Angeles Avenue, #214, Moorpark, CA. In support of this
proposal.
Mr. Ahearn commented on traffic circulation and
phasing and conditions relating to access.
Mike Palmer, Jack in the Box representative, 100 N.
Barranca Avenue, W. Covina, CA.
Mr. Palmer stated the conditions as indicated are
acceptable, but needed clarification on the status of:
❑ Landscape setback and NPDES requirements.
Staff responded to Mr. Ahearn's and Mr. Palmer's
comments.
Commissioner DiCecco commented on the following:
❑ There was no provision for signage at the first
floor level.
❑ The building is too tall, and the pavilion
should be lowered.
Planning Commission, City of Moorpark, California
Minutes of June 11, 2001
Page 4
❑ The west side of the building should have more
articulation.
❑ Need for safe pedestrian access from the west
(Pacific Communities) to allow pedestrian access
before crossing the driveway access.
❑ No awnings identified at the west side of the
office building.
❑ Concur with Commission members to eliminate
access to the east.
Commissioner Otto commented on the following:
❑ Concurs with Commissioner DiCecco concerning the
building height.
❑ Recognizes traffic circulation problems and
aware of concerns.
❑ Regarding phasing, not necessary, the
foreseeable outcome is the office gets built at
(r a later date.
❑ Rework needed where double doors are proposed in
the building.
Discussion ensued concerning phasing, traffic
circulation and signage.
Mr. Ahearn recommended adjournment to June 25th to see
if there is an allowable unimpeded circulation
design.
Mr. Ahearn recited a condition from Resolution No.
97 -1409 (CPD- 97 -1), concerning access requirements of
development plan CPD 97 -1, on the application of Mr.
Gharabigi.
MOTION: Commissioner Landis moved and Commissioner DiCecco
seconded a motion to continue Item B.A., to the Regular
Planning Commission meeting of July 9, 2001, and directed
staff and the applicant to return with recommendations for
circulation and building design.
Motion passed with a 5:0 unanimous voice vote.
B) Conditional Use Permit No. CUP 2000.07 for
construction of three (3) wireless communicat
panel antennas and a 120 souare foot eauio
Planning Commission, City of Moorpark, California
Minutes of June 11, 2001
Page 5
shelter. (Applicant: Tacit Communications for AT &T
wireless). Staff Recommendation: 1) Open the public
hearing, accept public testimony and close the public
hearing. 2) Determine that the proposed facility and
use is exempt from CEQA Guidelines pursuant to Section
15303 of the California Environmental Quality Act. 3)
Adopt Resolution No. PC -2001- recommending
approval of Conditional Use Permit (CUP) No. 2000.07.
Planning Commission action is final unless appealed.
Presented by Paul Porter, Principal Planner.
Reference: Staff Report dated June 11, 2001.
Commissioner Landis and DiCecco stepped down from the
dais due to a potential conflict of interest because
of living in proximity to the subject site.
Public hearing opened.
Testimony received from the following:
Kevin Ferrier, representing Tacit Communications, 510
rCastillo Street, Santa Barbara, CA. In support of this
proposal.
Mr. Ferrier stated this proposal was different, a
technology that operate signals sent to
residents /customers who are able to subscribe for
internet access, multi telephone lines, and multiple
computers. Mr. Ferrier further described this proposed
site as being the best siting option, compatible, and
geared for residential uses. Mr. Ferrier discussed the
types of design features, materials proposed, and FCC
compliance.
In response to Commissioner Haller, Wayne Loftus
stated the technical information had been provided by
the applicant (Tacit Communications).
In response to Commissioner Parvin, Kevin Ferrier
stated AT &T /Tacit Communications had studied the City
and concluded that the Peach Hill area provide the
best alternatives.
Hugh J. Finlay, 13125 Thomasville Court, Moorpark, CA.
Opposed to this proposal. Mr. Finlay stated he was
concerned about the levels and frequency of exposure
Planning Commission, City of Moorpark, California
Minutes of June 11, 2001
Page 6
to nearby residents. Mr. Finlay recommended Science
Drive as the alternative proposed site.
Robert Lestak, 13345 Sunnyslope Place, Moorpark, CA.
Opposed to this proposal. Mr. Lestak stated he was
concerned about the health effects to nearby
residents. Mr. Lestak also proposed Science Drive as
the alternative site.
In response to Mr. Lestak, Wayne Loftus stated that
the proposed site was owned by the County Waterworks
District with no financial benefit to the City.
Robert Demyan, 13303 Sunnyslope Place, Moorpark, CA.
Opposed to this proposal. Mr. Demyan was concerned how
service would be provided to the homeowners.
Tony Banducci, 13324 Wintergreen Lane, Moorpark, CA.
Opposed to this proposal. Mr. Banducci was concerned
that his property values would decline due to this
proposal.
Palma Friery, 13372 Wintergreen Lane, Moorpark, CA.
Opposed to this proposal. Ms. Friery was concerned
that the permit process was not strict enough, and
that she was concerned with the health risks.
Jeff Hass, 13117 Thomasville Court, Moorpark, CA.
Opposed to this proposal. Mr. Hass was concerned that
not enough studies had been conducted.
Edward Geivet, 13302 Sunnyslope Place, Moorpark, CA.
Opposed to this proposal. Mr. Geivet requested staff
and the applicant to consider other alternative sites.
The Commission discussed the following concerns:
❑ Environmental Impacts
❑ Federal Government standards (FCC)
❑ Frequency and exposure.
❑ Professional /technical expert required, due to a
lack of information from the applicant.
CONSENSUS: By consensus, the Commission continued Item B.B.
with the public hearing open to July 23, 2001, and directed
the .applicant to bring his technical consultant, or at the
Planning Commission, City of Moorpark, California
Minutes of June 11, 2001
Page 7
applicant's expense the City will provide a technical
expert.
C) Appeal No. 2001 -04 of Decision by the Director of
Community Development to Deny Permit Adjustment No.
2001.06 to IPD 96.03 (Applicant: Precision Plumbing) .
Staff Recommendation: 1) Open the public hearing,
accept public testimony and close the public hearing.
2) Adopt Resolution No. PC -2001- denying Appeal
No. 200.04.
Commissioner DiCecco stepped down from the dais, due
to a conflict of interest that the proposed tenant at
Precision Plumbing is also a business client.
Wayne Loftus, Director of Community Development
provided the staff presentation. Reference: Staff
Report dated June 11, 2001.
Public hearing opened.
Testimony received from the following:
John Bascom, applicant, 12455 Misty Grove Street,
Moorpark, CA. In support to approve Appeal 2001 -04.
Mr. Bascom provided the Commission with background
information concerning the business and operations of
his company. Mr. Bascom spoke of other violations of
surrounding business.
The Commission discussed the following concerns:
❑ Lack of recreational vehicle storage facilities
in Moorpark.
❑ Recreational vehicle storage in residential
zones.
❑ Surrounding properties, accessory uses,
structures, screening, and potential violations.
❑ Zoning Code compliance.
Public hearing closed.
MOTION: Commissioner Otto moved and Commissioner Landis
seconded a motion to approve Planning Commission Resolution
No. PC- 2001 -407, denying Appeal No. 2001 -04 on the
application of Precision Plumbing.
Motion passed with a 4:O unanimous voice vote.
Planning Commission, City of Moorpark, California
Minutes of June 11, 2001
El
S) DISCUSSION ITEMS:
None
9) ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
The Director of Community Development announced SunCal
Companies, and two General Plan Elements, including the
revised Housing Element and OSCAR were scheduled for the
Planning Commission meeting of June 25, 2001.
10) ADJOURNMENT:
MOTION: Commissioner Landis moved and Commissioner Haller
seconded a motion to adjourn at 12:22 a.m.
Jan'ce Parvin, Chairperson
ATTEST:
Celia LaFleur, Secretary to
the Planning Commission