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HomeMy WebLinkAboutMIN 2009 0825 PC REG MINUTES OF THE PLANNING COMMISSION Moorpark, California August 25, 2009 A Regular Meeting of the Planning Commission of the City of Moorpark was held on August 25, 2009, in the Council Chambers of said City located at 799 Moorpark Avenue; Moorpark, California. 1 . CALL TO ORDER: Chair Hamous called the meeting to order at 7:05 p.m. 2. PLEDGE OF ALLEGIANCE: Commissioner Bagwell led the Pledge of Allegiance. 3. ROLL CALL: Present: Planning Commissioners Bagwell, Taillon, Vice Chair Landis, and Chair Hamous. Absent: Planning Commissioner Di Cecco Staff Present: David Bobardt, Planning Director; Joseph Fiss, Principal Planner; and Joyce Figueroa, Administrative Assistant. 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: None. 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. Housing Element Update iii. ZOA 2007-01 Wireless Facilities — SB 1627 iv. Development Projects Minutes of the Planning Commission Moorpark, California Page 2 August 25, 2009 Mr. Bobardt briefly discussed announcements and future agenda items. Chair Hamous congratulated David Bobardt, Planning Director, on becoming a Rotarian and for his service to the community of Moorpark. 8. PUBLIC HEARINGS: (next Resolution No. PC-2009-547) A. Consider Conditional Use Permit No. 2003-05, a Request to Continue and Expand Operation of an Existing Concrete Batch Plant Facility on Approximately Ten (10) Acres Located at 13950 Princeton Avenue, on the Application of National Ready Mixed Concrete. (Continued from June 23, 2009 Regular Meeting) Staff Recommendation: 1) Continue accepting public testimony and close the public hearing; 2) Adopt Resolution No. PC-2009- , approving Conditional Use Permit No. 2003-05. Mr. Fiss presented the staff report. Mr. Fiss noted a communication from the applicant to continue this case to allow additional time to study the conditions of approval. Mr. Fiss indicated that staff recommends this request be granted. Questions from Commissioners followed; regarding landscaping and setback of the walls, will the wall create a noise barrier, height of stock piles, noise study and decibel requirements, watering mechanism for the dust, road improvements and fees, will applicant be contributing toward the widening of Princeton Avenue, time limit of conditional use, landscaping and easement on the Arroyo, Specific Plan from Spring Road to the freeway, formation of underground utility assessment district, location of crushing facility on the site, design of wall and other alternatives, crushing operation and amendment to the old Conditional Use Permit; whether we are mitigating the applicant's current ongoing operations, and can the noise study include the ongoing operations. Chair Hamous opened the Public Hearing. John Bowman, applicant representative, Jeffer, Mangels, Butler and Marmaro, LLP, described the nature of their request as a continuance of a new Conditional Use Permit to extend the life of the Conditional Use Permit to allow for the recycling of concrete and to request that the Conditional Use Permit would now include the westerly 3.3 acres of the site. Mr. Bowman stated that noise is minimal and dust is readily dealt with, with watering and does not anticipate any environmental issues. Dave 011is, Officer, Jeffer, Mangels, Butler and Marmaro, LLP, was also available to answer any questions from the Planning Commission. Minutes of the Planning Commission Moorpark, California Page 3 August 25, 2009 MOTION: Vice Chair Landis moved and Commissioner TailIon seconded a motion to continue the agenda item with Public Hearing open to a date uncertain, with direction to staff to readvertise when the item is ready to be brought back to the Planning Commission. The motion carried by voice vote 4-0, Commissioner Di Cecco absent. B. Consider Conditional Use Permit 2008-05 and Industrial Planned Development 2008-01, a Request to Construct a New Commercial Fueling Facility Consisting of One (1) Building and Two (2) Canopies on the South Side of Princeton Avenue, East of SR 118 Freeway Overpass on the Application of Todd Manner (Fiedler Group) for the Moorpark Redevelopment Agency. (Continued from June 23, 2009 Regular Meeting) Staff Recommendation: 1) Continue accepting public testimony and close the public hearing; 2) Adopt Resolution PC-2009-547 recommending to the City Council conditional approval of Conditional Use Permit 2008-05 and Industrial Planned Development 2008-01 . Mr. Fiss presented the staff report. Questions from the Commission followed; how many homes are adjacent to the property area, whether this item renoticed, relocation of the existing JE Clark Pacific Pride from High Street to the site, if there have been any complaints with the current operation, landscaping and buffer zone between the site and Arroyo, and the requirement as a franchise of Pacific Pride to remain open 24 hours, traffic during the night and lighting at the site. Chair Hamous opened the Public Hearing. David Moe, applicant representative, Redevelopment Manager, Moorpark Redvelopment Agency, stated he was available to answer any questions from the Planning Commission. A discussion followed among Commissioners and Mr. Moe regarding the current operation of the business and relocation of moving the business, and if there are any issues or concerns from the neighbors with the current business operation. Mr. Moe stated that the applicant, James Clark, would be able to address these items. James Clark, President, J.E. Clark II Corporation, discussed the operation of the card lock business which is mostly off-road and on-road diesel use. A discussion followed among the Commission and Mr. Clark regarding how the business is run, if the business has received any complaints, and if the use being proposed is the same use as the current site on High Street, including the same number of tanks and pumps. Minutes of the Planning Commission Moorpark, California Page 4 August 25, 2009 Todd Manner, applicant, Fiedler Group, stated he has modified the site plan to accommodate the comments and issues from the June 23 Planning Commission meeting regarding lighting and landscaping. A discussion followed among the Commission and Mr. Manner about the direction of the lighting and wall fixtures. Tina Arredondo, land owner in Virginia Colony, was opposed to the project and expressed her concerns about pollution, noise, lighting, traffic, accidents that may occur, and property values in Virginia Colony. A discussion followed among Commissioners and Ms. Arredondo about her main concerns regarding the project. Ms. Arredondo stated her main concerns are the noise, traffic and the future of the children. Ms. Arredondo also asked for clarification why an environmental study was not done. Pete Lopez, City resident, was opposed to the project and expressed his concerns regarding safety, the improvements on Princeton Avenue in front of his residence, and that the homes will lose their quality of life. Mr. Lopez also expressed his concerns about the project being located next to a river bed and the flooding that occurred in Virginia Colony in the 1970's. Chair Hamous closed the Public Hearing. A discussion followed among Commissioners and staff regarding if the Watershed Protection District has been approached on this project, what are the conditions that a fueling facility has to accommodate for the 100- year flood or flood plain, who does the applicant get approval from for underground tanks, discussion regarding the EIR process, if this project qualifies for exemption per the California Environmental Act, and when the property was zoned for industrial use. In response to the Commission, Mr. Jim Clark, applicant, J. E. Clark II, discussed the percentage of the trucks that are currently using Princeton Avenue as their ingress, the percentage of traffic that will be generated, and the percentage of large trucks that would travel on Princeton Avenue as opposed to regular car and truck traffic using the gas station. MOTION: Vice Chair Landis moved and Commissioner Taillon seconded a motion to approve staff recommendation, including adoption of Resolution No. PC-2009-547 with direction to staff to provide the Honorable City Council with specific comments. The motion carried by voice vote 4-0, Commissioner Di Cecco absent. The City Council has final approval authority for this project. Minutes of the Planning Commission Moorpark, California Page 5 August 25, 2009 9. DISCUSSION ITEMS: None. 10. CONSENT CALENDAR MOTION: Commissioner Taillon moved and Commissioner Bagwell seconded a motion to approve the Consent Calendar. The motion carried by voice vote 4-0, Commissioner Di Cecco absent. A. Consider Approval of the Regular Meeting Minutes of June 23, 2009. Staff Recommendation: Approve the minutes. 11 . ADJOURNMENT: MOTION: Vice Chair Landis moved and Commissioner Bagwell seconded a motion to adjourn. The motion carried by voice vote 4-0, Commissioner Di Cecco absent. The time was 8:55 p.m. 2 Bruce A. Hamou., Chair ��✓1 David A. Bob.rdt, PI.nning Dir'itor