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HomeMy WebLinkAboutMIN 2009 0127 PC REGMINUTES OF THE PLANNING COMMISSION Moorpark, California January 27 2009 A Regular Meeting of the Planning Commission of the City of Moorpark was held on January 27, 2009, in the Council Chambers of said City located at 799 Moorpark Avenue; Moorpark, California. 1. CALL TO ORDER: David Bobardt, Planning Director called the meeting to order at 7:02 p.m. 2. PLEDGE OF ALLEGIANCE: Joyce Figueroa, Administrative Assistant, led the Pledge of Allegiance. 3. OATH OF OFFICE: A. City Clerk Administers Oath of Office to the Planning Commission (Staff: Deborah Traffenstedt) City Clerk, Deborah Traffenstedt, administered the oath of office to Planning Commissioners Jodi Bagwell, Mark Di Cecco, Bruce Hamous, Kipp Landis, and Mark Taillon. Staff attending the meeting included Barry Hogan, Deputy City Manager; David Bobardt, Planning Director; Joseph Fiss, Principal Planner; Freddy Carrillo, Assistant Planner I; and Joyce Figueroa, Administrative Assistant. 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: A. Consider Selection of Chair and Vice Chair Jodi Bagwell Mark Di Cecco Bruce A. Hamous Kipp Landis Mark G. Taillon Staff Recommendation: 1) Open the floor to nominations for a Chair; 2) Once sufficient nominations have been made, close the nominations and vote; 3) Open the floor for nominations for a Vice Chair; and 4) Once sufficient nominations have been made, close the nominations and vote. (Staff: David Bobardt) Minutes of the Planning Commission Moorpark, California Page 2 January 27 2009 MOTION: Commissioner Landis moved and Commissioner Di Cecco seconded a motion to nominate Commissioner Hamous as Chair. The motion carried by unanimous voice vote. MOTION: Commissioner Taillon moved and Commissioner Di Cecco seconded a motion to nominate Commissioner Landis as Vice Chair. The motion carried by unanimous voice vote. AT THIS POINT in the meeting the Commission recessed to allow the Chair and Vice Chair to be seated. The time was 8:07 p.m. The Planning Commission meeting reconvened at 8:20p.m. 5. PUBLIC COMMENT: None. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS AND REPORTS ON MEETINGS /CONFERENCES ATTENDED BY THE COMMISSION: (Future agenda items are tentative and are subject to rescheduling.) A. Future Agenda Items: i. Rescinding Toll Mazur DA, GPA, ZC ii. CUP and IPD for Pacific Pride Fueling Station iii. CUP for National Ready Mix iv. Housing Element Update B. Mandatory Ethics Training for the City Council, Planning Commission, Parks and Recreation Commission and staff will be on Wednesday, February 25, 2009; 7:00 p.m. — 9:30 p.m. C. 2009 Planners Institute and Mini Expo, March 25 — 27, 2009, Anaheim, California Mr. Bobardt announced the mandatory Ethics Training for the City Council, Planning Commission, Parks and Recreation Commission and staff will be on Wednesday, February 25, 2009, and discussed future agenda items. Chair Hamous welcomed Commissioner Bagwell to the Planning Commission. Minutes of the Planning Commission Moorpark, California Page 3 January 27 2009 8. PUBLIC HEARINGS: (next Resolution No. PC- 2009 -541) A. Consider Conditional Use Permit No. 2008 -09, a Request to Install a New Thirty -Five Foot (35') Tall "Mono- pine" Wireless Communication Facility at the Ventura County Water Works Reservoir District 1 (South of Tierra Rejada, Between Thomasville Court and Sunnyslope Place) on the Application of Vince Amaya, for Verizon Wireless. (Continued from November 25, 2008 meeting) Staff Recommendation: 1) Close the public hearing and take item off calendar. (Staff: Freddy Carrillo) Mr. Bobardt requested that this public hearing be closed and taken off calendar. Staff is working with the applicant on redesign of the project, and will come back at a later date with a re- advertised public hearing. Chair Hamous closed the Public Hearing. MOTION: Vice Chair Landis moved and Commissioner Taillon seconded a motion to approve staff recommendation. The motion carried by unanimous voice vote. B. Consider Conditional Use Permit (CUP) No. 2008 -11, to Allow Service of Beer and Wine for On -Site Consumption with Food Service at an Existing Restaurant (Tokiwa Sushi), Located at 476 Los Angeles Avenue #B10 on the Application of Vince Doan. Staff Recommendation: 1) Open the public hearing accept public testimony and close the public hearing; 2) Adopt Resolution No. PC- 2009 -541 conditionally approving Conditional Use Permit 2008 -11. (Staff: Freddy Carrillo) Chair Hamous recused himself due to a potential conflict of interest; he has a listing agreement on some of the vacant space in the retail center, and stepped down from the dais. The time was 7:11 p.m. Mr. Carrillo gave the staff report. A discussion followed among Commissioners and staff as to whether the applicant was recommending service of alcohol with food service only, and hours of operation. Clarification was made that staff is recommending approval of this request only with food service, no walk -in purchase of alcohol. Vice Chair Landis opened the public hearing. In response to Vice Chair Landis, Mr. Bobardt stated there were no speakers or written cards for this item. Minutes of the Planning Commission Moorpark, California Page 4 January 27 2009 Vice Chair Landis closed the public hearing. MOTION: Commissioner Di Cecco moved and Commissioner Taillon seconded a motion to approve staff recommendation, as amended with corrections to Resolution No. PC- 2009 -541. The motion carried by voice vote 4:0, Chair Hamous absent. The Planning Commission has final approval authority for this project. Chair Hamous returned to the dais at 7:16 p.m. C. Consider Conditional Use Permit No. 2008 -12, to Allow a Full Service Restaurant with Beer, Wine and Other Alcoholic Beverage Sales for On- Premises Consumption at 6593 Collins Drive, Suites D18 and D19 on the Application of Joudi Alsaady (Garlic Jim's Pizza). Staff Recommendation: 1) Open the public hearing accept public testimony, and close the public hearing; 2) Adopt Resolution No. PC- 2009 -542 approving Conditional Use Permit 2008 -12. (Staff: Joseph Fiss) Mr. Fiss gave the staff report. A discussion followed among Commissioners and staff regarding outdoor service of alcohol, hours of operation, and entertainment. Chair Hamous opened the Public Hearing. Joudi Alsaady, applicant, discussed the project and stated there will not be any sales of liquor outside of the business and that the conditions state that food must be ordered in order to serve alcohol, he has 27 years of restaurant business, owns multiple restaurants, and one restaurant is located within 3 -4 miles away from a college, and most of the restaurants are located at airports. A discussion followed among Commissioners and the applicant regarding locations of businesses, is restaurant going to offer delivery service, and what other procedures are in place to ensure that patrons order food, Terry Adams, Told Partners, spoke in favor of the project and is comfortable with the concept of a full - service restaurant. Linda Brown, Told Partners, spoke in favor of the project and hoping Garlic Jim's Pizza will bring revenue to our golf course. Chair Hamous closed the Public Hearing Minutes of the Planning Commission Moorpark, California Page 5 January 27 2009 MOTION: Commissioner Di Cecco moved and Commissioner Taillon seconded a motion to approve staff recommendation, as amended, including adoption of Resolution No. PC- 2009 -542. The motion carried by unanimous voice vote. The Planning Commission has final approval authority for this project. D. Consider Zoning Ordinance Amendment No. 2008 -01 a Request to Amend Title 17.40.110 of the Moorpark Municipal Code (Sign Reaulations) to Create a New Category and Standards for Freeway Oriented Pylon Signs in Commercial Retail Shopping Centers of 50,000 Square Feet or Larger Within 150 Feet of a Freeway, on the Application of Sians Pacific on Behalf of Campus Plaza. Staff Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; 2) Adopt Resolution No. PC- 2009 -543 recommending to the City Council denial of Zoning Ordinance Amendment No. 2008 -01. (Staff: Joseph Fiss) Mr. Fiss gave the staff report. A discussion followed among Commissioners and staff regarding visibility heading eastbound. Chair Hamous opened the Public Hearing. Bruce Rokos, applicant, discussed the project and the need for visibility to be viable and businesses to be seen from the freeway. He also discussed the Sign Program that was written on and received by the City on September 20, 2004, at which time the sign program did not include a pylon sign. The sign ordinance was in place when the project began and allowed for a pylon sign. During the construction of the site, the City changed the sign ordinance and rules. At the request of Chair Hamous, Mr. Hogan, Deputy City Manager clarified the history of the Sign Program. When the center first came forward, there was a proposal for a pylon sign. The City has never allowed a pylon sign outside of Los Angeles Avenue. It has never been in the code and is a misstatement by the speaker. The applicant, M &M Development did want a pylon sign, however, was asked to remove from their package and it is not permitted. When the sign ordinance came to the Planning Commission for review and recommendation to the City Council, M &M Development came back again and said they'd like a pylon sign, the Planning Commission did direct staff to draft an Ordinance Amendment to allow pylon signs for freeway- oriented signs. The City Council unanimously turned it down. Minutes of the Planning Commission Moorpark, California Page 6 January 27 2009 AT THIS POINT in the meeting, due to technical difficulties the Commission recessed. The time was 8:04 p.m. The Planning Commission meeting reconvened at 8:23 p.m. Bruce Rokos, applicant continued his presentation and discussed the existing matrix and need for a pylon sign and the visibility of the center to advertise. The pylon sign does not further impact the adjacent residents and the view of the residents of the Campus Plaza building. Mr. Rokos discussed the representation of more than 600 signatures McDonalds collected from nearby residents who are in favor of the pylon sign and viability of the center. The sign welcomes travelers to Moorpark and serves as a gateway to our community. A discussion followed among Commissioners and the applicant regarding height of the pylon sign and tower on the building, how much square footage of signage area would be available on face of the tower if the square footage of signage could fit on the tower, square footage of landscape area proposed at the pylon sign, and if there was any discussion or thought put into actually projecting a blade sign off the wall perpendicular to the freeway. J. Randolph Huston, McDonald's Corporate Attorney, spoke in favor of the project and urged the Commission to support the project. Janet Argoti, Property Manager of Moorpark Campus Plaza, spoke in favor of the project and strongly feels the center needs the sign. Debbie Voss, McDonalds Owner, spoke in favor of the project and her concern about existing business owners in the center struggling. Creating traffic in the center would be a win, win situation. Patrick Ellis, Moorpark Chamber of Commerce, spoke in support of the project and the need for signage to attract more people. He does not want to see the center fail. The success of the center is impactful on the city. Chair Hamous closed the Public Hearing. MOTION: Commissioner Taillon moved and Commissioner Bagwell seconded a motion to recommend to the City Council approval of a Zoning Ordinance Amendment to allow freeway- oriented pylon signs, including adoption of Resolution No. PC- 2009 -543. The motion carried by voice vote 3 -2, Commissioner Di Cecco and Vice Chair Landis dissenting. The City Council has final approval authority for this project Minutes of the Planning Commission Moorpark, California Page 7 January 27 2009 9. DISCUSSION ITEMS: A. Consider Regular Meeting Schedule, Time and Place. Staff Recommendation: 1) ADDrove the 2009 reaular meeting schertule of the fourth (4 "') Tuesday of each month starting at 7:00 p.m. at the Moorpark City Hall Community Center, 799 Moorpark Avenue Moorpark CA 93021. (Staff: David Bobardt) Mr. Bobardt gave the staff report. CONSENSUS: It was the consensus of the Commission to approve staff's recommendation. 10. CONSENT CALENDAR MOTION: Commissioner Di Cecco moved and Commissioner Taillon seconded a motion to approve the Consent Calendar. The motion carried by unanimous voice vote. A. Consider Approval of the Regular Meeting Minutes of November 25 2008 Staff Recommendation: Approve the minutes. 11. ADJOURNMENT: MOTION: Vice Chair Landis moved and Commissioner Di Cecco seconded a motion to adjourn. The motion carried by unanimous voice vote. The time was 9:43 p.m. �u ru e . Hamous, Chair t Da 'd A. Bobardt, Planning Director