HomeMy WebLinkAboutMIN 2001 1113 PC SPCPlanning Commission, City of Moorpark, California
f Special Meeting Minutes of November 13, 2001
Page 1
1) CALL TO ORDER:
Chair Parvin called the meeting to order at 7:12 p.m.
2) PLEDGE OF ALLEGIANCE:
Commissioner Landis led the Pledge of Allegiance.
3) ROLL CALL:
Janice Parvin, Chair
William F. Otto, Vice Chair
Mark DiCecco, Commissioner
Paul Haller, Commissioner
Kipp Landis, Commissioner
Commissioners DiCecco, Haller, Landis, Vice Chair Otto
and Chair Parvin were all present.
Staff attending the meeting included John Libiez,
Planning Manager; Joseph Fiss, Principal Planner;
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Walter Brown, City Engineer; Paul Porter, Principal
Planner; Laura Stringer, Senior Management Analyst;
and Gail Rice, Secretary II. City Manager, Steven
Kueny, joined staff later in the meeting.
4)
PROCLAMATIONS, COMMENDATIONS AND SPECIAL
PRESENTATIONS:
Chair Parvin announced that there was a special
fundraising event, "Gettysburg" a Civil War Battle and
Encampment, to be held on Saturday and Sunday -
November 17th and 18th
5)
REORDERING OF, AND ADDITIONS TO THE AGENDA:
None
6)
CONSENT CALENDAR:
a) Planning Commission Minutes of September 24, 2001.
Vice Chair Otto commented to the quality of the
:minutes.
MOTION: Commissioner Haller moved to approve the
minutes of September 24, 2001, and Vice Chair Otto
seconded the motion.
Motion carried with a unanimous 5:0 voice vote.
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Planning Commission, City of Moorpark, California
Special Meeting Minutes of November 13, 2001
Page 2
7) PUBLIC COMMENTS:
None.
8) PUBLIC HEARINGS:
a) Consider a Request for Industrial Planned
Development Permit No. 2000 -10 for a 118,650
Square Foot Mini - Warehouse /Office Building
Located at the Northwest Corner of Los Angeles
Avenue and Goldman Avenue at 875 Los Angeles
Avenue. Applicant: Asadurian Investments. Staff
Recommendations: 1. Accept public testimony,
close the public hearing, and provide the
applicant with comments on the resubmitted
project. 2. Direct staff to re- advertise the
public hearing due to the project changes, when
the project complies with Zoning Code and
incorporates staff and Planning Commission
recommendations. (Continued from September 24,
2001)
John Libiez gave the staff report (reference staff
report dated November 5, 2001). 1
Mr. Libiez explained that the plans submitted by the
applicant in response to Planning Commission and staff
comments from the September 24, 2001, meeting included
- extensive revisions, including a substantial increase
in square footage and an increase to three (3) stories
for the building.
Staff recommended that the Planning Commission comment
to the submitted plans, if deemed appropriate, and
direct staff to re- advertise the public hearing once
.plans meeting Zoning Code requirements are received.
After a brief
determined by
plans were not
re- advertised
were modified
requirements.
discussion by the Commission, it was
consensus that comments to the revised
appropriate and that the item should be
for further consideration after plans
to be in compliance with Zoning Code
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Planning Commission, City of Moorpark, California
Special Meeting Minutes of November 13, 2001
Page 3
MOTION: Commissioner Haller moved to direct staff to
re- advertise the item when the project is in
compliance with the Zoning Code and has incorporated
Planning Commission recommendations. Commissioner
Landis seconded the motion.
Motion carried with a unanimous 5:0 voice vote.
b) Consider Appeal 2001 -06 of the Decision of
Community Development Director to Deny Zone
Clearance No. 01 -316, Requesting a Change of Use
and Tenant Improvements for a Pizza Hut Takeout
and Delivery Restaurant. Applicant: Tait &
Associates. Staff Recommendations: 1. Open the
public hearing, accept public testimony, and
close the public hearing. 2. Adopt Resolution No.
PC- 2001 -_ Denying Appeal No. 2001 -06.
Mr. Libiez introduced the new Principal Planner,
Joseph Fiss, who gave the staff report (reference
staff report dated November 13, 2001).
Commissioner Landis questioned the interpretation of
Zoning Code Section 17.32.010HH relating to the use of
the word "minimum" and citing potential inconsistency
of language with regard to take -out restaurants and
those with seating.
Questions from Commissioner Landis and responses from
staff ensued regarding the interpretation of the
Zoning Code and application of the Code to restaurant
uses on other sites and comparison of the subject site
to various centers in Moorpark.
Vice Chair Otto questioned the intent of the Zoning
Code, and whether staff had looked at code
requirements in nearby cities.
Mr. Libiez responded that our code was similar to
other cities.
Vice Chair Otto observed that there appeared to be no
differential between parking requirements for take -out
and larger sit -down restaurants.
Commissioner Otto questioned whether a parking survey
i- was done and how many restaurants there were on the
site.
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Planning Commission, City of Moorpark, California
Special Meeting Minutes of November 13, 2001
Page 4
Staff responded that information had been received
from the applicant, but the materials were not
conclusive.
Commissioner Landis questioned the application of
Section 17.32.020, allowing up to a twenty percent
(20 %) reduction for mixed -use projects.
Additional questions and responses between the
Commission and staff ensued regarding peak hours of
parking, mixed uses, and parking study criteria.
Chair Parvin opened the public hearing.
Joe Ahearn, Acres Realty, 484 E. Los Angeles Avenue,
Suite 214, Moorpark, CA
Mr. Ahearn, commented to staff's application of the
code to other projects and staff's interpretation of
the Zoning Code parking requirements. He commented to
the impact of mixed uses and peak hour parking and the
potential impact of a total site parking analysis.
Mr. Ahearn responded to Mr. Landis' questions
:regarding the uses in the center and the hours of
operation. He referenced a parking study that was
prepared by the applicant.
(:hair Parvin questioned if the applicant had
:researched any other sites in the City, concluding
that Mr. Ahearn represented the subject site.
Jose Gandara, Tait & Associates (representing Pizza
Hut), 701 N. Parkcenter Drive, Santa Ana, CA
Mr. Gandara summarized his communications with staff
:regarding the issues. He discussed the parking
:studies prepared from sites in Thousand Oaks and Simi
Valley. He further commented to the potential
:inconsistency in zoning code language related to
parking requirements, and asked that the Planning
Commission re- address the issue.
Carl Swanberg, Pizza Hut, Irvine, CA
Mr. Swanberg discussed his research of the area before
selecting a site, and the desirability of visibility
Erom the street. He commented to the parking of
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Planning Commission, City of Moorpark, California
Special Meeting Minutes of November 13, 2001
Page 5
delivery vehicles and peak hours of service. He
offered to perform an additional parking use study
over a seven (7) day period.
Commissioner Landis questioned Mr. Swanberg regarding
the size of the facility and peak hour operations,
with Mr. Swanberg responding with square footage
criteria and sales requirements for a viable store.
Commissioner DiCecco questioned Zoning Code Section
17.23.20 regarding parking for mixed uses, and the
relevance to the subject property.
Chair Parvin closed the public hearing.
Commissioner Landis expressed his concern regarding
the ambiguity of the Zoning Code Sections related to
parking and questioned the potential for a twenty
percent (20 %) reduction in requirements, and suggested
:sending the item back to staff for further analysis.
Commissioner DiCecco expressed support for staff's
:interpretation of the Zoning Code. He questioned the
:impact of the mixed -use parking section of the subject
development.
Commissioner Landis expressed his concern about
:sending business away from the City and again
:suggested that staff might re -look at the Zoning Code
Sections.
Commissioner Otto expressed concern with Zoning Code
:interpretation and potential for ambiguity. He also
questioned the potential for a twenty percent (20 %)
:reduction in parking requirements, based on the mixed -
use. He commented to his personal experience with
ample parking at the site during his visits.
Commissioner Haller questioned the reference to Zoning
Code Regulations applied at other sites.
Chair Parvin commented that the site appeared to have
parking available at the times she passed by. She
:suggested that a parking study be prepared by an
:independent consultant. She expressed concern with
potential ambiguity of the parking requirement section
of the Zoning Code.
1
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Planning Commission, City of Moorpark, California
Special Meeting Minutes of November 13, 2001
Page 6
Commissioner DiCecco commented to his being the only
one who felt comfortable with the interpretation of
the Zoning Code, but suggested that the Commission
might want additional information from a parking study
before proceeding.
Commissioner Haller questioned whether a decision on
the appeal needed to be made.
Mr. Libiez responded that the Commission could move to
continue the appeal.
Discussion ensued regarding hours of operation at the
site,
the intent of the twenty percent (20 %) mixed -use
parking reduction, and the potential for another site
to be used for the restaurant. Consideration was also
given to the viability of additional parking studies.
Extensive discussion ensued regarding the merit of
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sending the item back to staff for further study,
including possible parking analysis and City Attorney
interpretation, and the scope of the Planning
Commission approval authority regarding this appeal.
Commissioner Landis expressed no support for a motion
to deny.
Commissioner DiCecco commented to the Zoning Code
interpretation and decision authority issues.
MOTION: Commissioner DiCecco moved to adopt Resolution
No. PC- 2001 -417 denying the appeal of the Community
Development Director's decision to deny Zone Clearance
No. 2001 -316. Commissioner Haller seconded the
motion.
Motion carried with a 3:2 roll call vote,
Commissioners DiCecco and Haller, and Chair Parvin
voting aye, Commissioner Landis and Vice Chair Otto
voting no.
9) DISCUSSION ITEMS:
Commission Landis requested that Zoning Code Sections
related to parking requirements be reviewed and
brought back to the Planning Commission.
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Planning Commission, City of Moorpark, California
Special Meeting Minutes of November 13, 2001
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10) ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
Mr. Libiez provided a summary of future agenda items,
:including the November 19, 2001, Special Meeting to
consider the Wireless Facilities Ordinance.
11) ADJOURNMENT:
MOTION, Commissioner Landis moved to adjourn the
meeting and Commissioner Haller seconded the motion.
Motion passed by a unanimous 5:0 voice vote.
The meeting was adjourned at 10:00 p.m.
it�LC -ci
J nice Parvin, Chair
ATTEST:
Deborah S. Traf enstedt
Acting Community Development Director
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