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.
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ru e . Hamous, Chair
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Da 'd A. Bobardt, Planning Director