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