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Home My WebLink AboutMIN 2009 0922 PC REG MINUTES OF THE PLANNING COMMISSION Moorpark, California September 22, 2009 A Regular Meeting of the Planning Commission of the City of Moorpark was held on September 22, 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 7:09 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 Vacca, Principal Planner; Freddy Carrillo, Assistant Planner I; and Joyce Figueroa, Administrative Assistant. 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: None. 5. PUBLIC COMMENT: Bob Gehricke, Gehricke Architects AIA LP, discussed concerns regarding speeding on Spring Road; being used as a raceway, has observed numerous accidents and one death, and the need to make the street a speed trap or more deterrent. Staff stated they will forward Mr. Gehricke's comments to Captain Ron Nelson, Moorpark Police Department and Yugal Lall, City Engineer/Public Works Director. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. Minutes of the Planning Commission Moorpark, California Page 2 September 22, 2009 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: Rescinding Toll Mazur DA, GPA, ZC ii. Housing Element Update iii. ZOA 2007-01 Wireless Facilities — SB 1627 iv. Development Projects v. Pardee Homes PA-7 Mr. Bobardt briefly discussed announcements and future agenda items. 8. PUBLIC HEARINGS: (next Resolution No. PC-2009-548) A. Consider Conditional Use Permit No. 2008-09, a Request to Install a Minor Wireless Communications Facility with 12 Panel Antennas on an Existing 32-Foot Tall Water Tank and 4 Equipment Cabinets in a Partial Subterranean Mechanical Equipment Enclosure, at a Ventura County Waterworks District No. 1 Water Tank Site South of Tierra Rejada Road between Thomasville Court and Sunnyslope Place, on the Application of Vince Anaya for Verizon Wireless. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; 2) Adopt Resolution PC-2009-548, approving Conditional Use Permit 2008- 09, subject to conditions. Mr. Carrillo presented the staff report. Questions from Commissioners followed regarding the safety recommendation distance from an occupied residence to a radio-panel antenna, EMF Emissions, fencing around the facility, if antennas are flush with the top and not higher than the tank, and vandalism at the site. Chair Hamous opened the Public Hearing. Ryan Young, Delta Groups Engineering, applicant representative, stated Verizon wants to be a good neighbor with the community, and the design has the community's best interest in mind. The purpose of the site is two- fold; to provide additional signal strength to cover the residential areas to the north, west and east of the area and to provide capacity/relief from other existing Verizon wireless sites in the area, to offload calls from existing sites that are considered overloaded. The site is an ideal location and site for the community. Mr. Young stated Verizon is fortunate to utilize an existing water tank which is utility use in this area which will minimize aesthetic impacts as much as possible. The antennas are designed and located to blend with the existing water tank and remain S:\Community Development\PLANNING COMMISSION\MINUTES\2009\09_0922_pcm_final.doc Minutes of the Planning Commission Moorpark, California Page 3 September 22, 2009 obscure from public view and the equipment will not be visible from public view, and there would be no adverse impact to public view and will enhance communication services both personal and emergency services to the city. Verizon has read the staff report and are in agreement with the special conditions including an emission study after the site is in operation Verizon will provide a report that will show that they are in full compliance with FCC regulations. The site will also help with drop calls. A discussion followed among Commissioners and Mr. Young regarding what type of electromagnetic energy is being used, how much noise will be generated, and other facilities currently being operated in the area. Chair Hamous stated the Commission received correspondence from three residents in opposition of the project. Chair Hamous closed the public hearing. A discussion followed among Commissioners and staff regarding federal regulations regarding distance in federal guidelines, and the testing to be done at the site as soon as it is operational, security, and safety with the fencing, and questions regarding the request for testing not to exceed one time within 24 months. MOTION: Commissioner Taillon moved and Commissioner Bagwell seconded a motion to approve staff recommendation, including adoption of Resolution No. PC 2009-548. The motion carried by voice vote 4-0, Commissioner Di Cecco absent. The Planning Commission has final approval authority for this project. B. Consider Conditional Use Permit 2009-02, a Request to Allow a Martial Arts Studio and Physical Fitness Training Center Within an Existing 3,954 Square Foot Freestanding Building Located at 690 Walnut Street (in the Downtown Specific Plan Area) on the Application of Dennis Haggard. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; 2) Adopt Resolution PC-2009- , denying the application for Conditional Use Permit 2009-02. Mr. Carrillo presented the staff report. Questions from the Commission followed; how many parking spaces are needed for the building, the use of the building, will the City create additional parking, concern about the clients of the studio taking up residential parking spaces and do not think the project is worth overturning as it is a competitive business. S:\Community Development\PLANNING COMMISSION\MINUTES\2009\09_0922_pcm_final.doc Minutes of the Planning Commission Moorpark, California Page 4 September 22, 2009 Chair Hamous opened the Public Hearing. Dennis Haggard, applicant, discussed the proposed project; classes are limited to ten clients during the day and evening martial arts classes may train up to 15-persons as a class estimate. Mr. Haggard spoke with individual business owners who have offered their parking lots as overflow parking. He also stated that the extra foot traffic will help out other businesses in the area. Paul Capra, Lee & Associates, broker for the subject property, discussed the current condition of market we are in, and the existing space not being used and the neighbors in the area support this project. Bob Gehricke, Gehricke Architects AIA LP, spoke in opposition of the project and that this use is not appropriate for the building nor does the proposed use improve revitalizing downtown. J. Richard Leyner, Manager of LLC, stated a business like this in the area would benefit all businesses in the area. Mr. Leyner requested that the Planning Commission overturn the recommendation to deny the application. Patrick Ellis, Moorpark Chamber of Commerce spoke in favor of the project and stated that this is a good viable business for the area. Ben Williams, Lee & Associates, spoke in favor of the project and addressed the issue of graffiti; stating that the property owner has been removing graffiti the next day following a call from residents to address the issue of retagging, using the volunteer services in Moorpark. Mr. Williams has approached local businesses and received positive feedback. A discussion followed among Commissioners and staff regarding parking requirements for this particular use. At the request of the Commission, Mr. Haggard clarified how many parking spaces are needed at the site in the evening. Mr. Haggard also stated he is willing to delay start time of the classes so that there is adequate timing between each group of clients. Mr. Bobardt stated there was a written statement card from Mr. Richard Gray, High Street property owner, in support of the project. Chair Hamous closed the Public Hearing. S:\Community Development\PLANNING COMMISSION\MINUTES\2009\09_0922_pcm_final.doc Minutes of the Planning Commission Moorpark, California Page 5 September 22, 2009 A discussion followed among Commissioners and staff regarding the parking policy issue, and that the applicant is willing to stagger the hours of the classes allowing clients a chance to leave and park. The applicant is looking to be a good tenant for the city and the Commission would like to find ways in the policy to make the parking work for this project. Mr. Bobardt recommended that the Public Hearing be continued with public hearing open to the October 27, 2009, regular Planning Commission meeting so that the Planning Commission can direct staff to prepare findings and conditions for approval. MOTION: Vice Chair Landis moved and Commissioner Taillon seconded a motion to continue the agenda item to the October 27, 2009 regular meeting with the public hearing open with direction for staff to prepare a resolution with findings and conditions for approval. The motion carried by voice vote 4-0, Commissioner Di Cecco absent. 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 August 25, 2009. Staff Recommendation: Approve the minutes. 11. ADJOURNMENT: MOTION: Vice Chair Landis moved and Commissioner Taillon seconded a motion to adjourn. The motion carried by voice vote 4-0, Commissioner Di Cecco absent. The time was 8:50 p.m. Bruce A. Hamous, Chair David A. Bobardt, Planning Director S:\Community Development\PLANNING COMMISSION\MINUTES\2009\09_0922_pcm_final.doc