HomeMy WebLinkAboutAG RPTS 2009 0825 PC REG 9 cot
rillipCsw
AS'
F0° �%
OW I v
AratOoklat
411e0 V�.
Resolution No. 2007- 547
PLANNING COMMISSION
REGULAR MEETING AGENDA
AUGUST 25, 2009
7:00 P.M.
Moorpark Community Center 799 Moorpark Avenue
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS:
5. PUBLIC COMMENT:
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
All writings and documents provided to the majority of the Commission regarding all agenda items are
available for public inspection at the City Hall public counter located at 799 Moorpark Avenue during regular
business hours. The agenda packet for all regular Commission meetings is also available on the City's
website at www.ci.moorpark.ca.us.
Any member of the public may address the Commission during the Public Comments portion of the Agenda,
unless it is a Public Hearing or a Discussion item. Speakers who wish to address the Commission
concerning a Public Hearing or Discussion item must do so during the Public Hearing or Discussion portion
of the Agenda for that item. Speaker cards must be received by the Secretary for Public Comment prior to
the beginning of the Public Comments portion of the meeting; for a Discussion item, prior to the Chair's call
for speaker cards for each Discussion agenda item; and for a Public Hearing item, prior to the opening of
each Public Hearing, or beginning of public testimony for a continued hearing. A limitation of three minutes
shall be imposed upon each Public Comment and Discussion item speaker. A limitation of three to five
minutes shall be imposed upon each Public Hearing item speaker. Written Statement Cards may be
submitted in lieu of speaking orally for open Public Hearings and Discussion items. Any questions
concerning any agenda item may be directed to the Community Development/Planning office at 517-6233.
Regular Planning Commission Meeting Agenda
August 25, 2009
Page 2
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS AND REPORTS ON
MEETINGS/CONFERENCES ATTENDED BY THE COMMISSION:
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
8. PUBLIC HEARINGS: (next Resolution No. PC-2007-547)
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 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. (Staff:
Joseph Fiss)
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 No. PC-2009-
recommending to the City Council conditional approval of Conditional Use
Permit 2008-05 and Industrial Planned Development 2008-01. (Staff:
Joseph Fiss)
9. DISCUSSION ITEMS:
A. None
10. CONSENT CALENDAR:
A. Consider Approval of the Regular Meeting Minutes of June 23, 2009.
Staff Recommendation: Approve the minutes.
Regular Planning Commission Meeting Agenda
August 25, 2009
Page 3
11. ADJOURNMENT:
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, including auxiliary aids or services, please contact the Community Development Department at
(805) 517-6233. Upon request, the agenda can be made available in appropriate alternative formats to
persons with a disability.Any request for disability-related modification or accommodation should be made
at least 48 hours prior to the scheduled meeting to assist the City staff in assuring reasonable arrangements
can be made to provide accessibility to the meeting(28 CFR 35.102-35.104;ADA Title II).
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss
CITY OF MOORPARK )
AFFIDAVIT OF POSTING
AGENDA
I, Joyce R. Figueroa, declare as follows:
That I am the Administrative Assistant of the City of Moorpark and that an agenda of the
Regular Meeting of the Moorpark Planning Commission to be held on Tuesday, August
25, 2009, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center,
799 Moorpark Avenue, Moorpark, California, was posted on August 21, 2009, at a
conspicuous place at the Moorpark Community Center, 799 Moorpark Avenue,
Moorpark, California.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on August 21, 2009.
.■6/ 6/- J( /1(1ALI
J yce R. Figueroa, Administrative Assistant
OPAK c4� �
..Z
ries 44
9oO94TeD ..)‘3%.
^�0
NOTICE OF CONTINUANCE OF OPEN PUBLIC HEARING
Duly noticed public hearing regarding:
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.
was held at a regular meeting on August 25, 2009, at which time the Planning
Commission continued the open public hearing to a date uncertain.
Dated: August 26, 2009.
r�. /1. cIi` J WV(
J. c- R. Figueroa, Administrative Assistant
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss
CITY OF MOORPARK )
AFFIDAVIT OF POSTING
I, Joyce R. Figueroa, declare as follows:
That I am the Secretary to the Planning Commission of the City of Moorpark and that a
Notice of Continuance of Open Public Hearing regarding:
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 August 25, 2009, to a date uncertain, was posted on August 26, 2009, at
a conspicuous location near the place of the meeting:
Moorpark Community Center
799 Moorpark Avenue
Moorpark, California
I declare under penalty of perjury that the foregoing is true and correct.
Executed on August 26, 2009.
J ce�� A. J"QLLW)IL
R. Figueroa! Administrative Assistant
ITEM: 8.A.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: David A. Bobardt, Planning Director
Prepared by Joseph Fiss, Principal Planner
DATE: August 20, 2009 (PC Meeting of August 25, 2009)
SUBJECT: 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
BACKGROUND
Conditional Use Permit (CUP) No. 706 for a concrete batch plant at 13950 Princeton
Avenue (formerly Los Angeles Avenue) was originally issued to Valleywide Ready Mixed
Concrete Corporation on January 21, 1958 by the County of Ventura Board of Supervisors.
This permit was transferred to Conejo Ready-Mixed Concrete, Inc. in 1973. Time
extensions for the use were approved by the County in 1961, 1964, 1967 and 1981. In
1981, the Permit was extended through May 21, 1991 . At the direction of the City Council,
Minor Modification No. 4 was approved by the Community Development Director on April
13, 1992 for a ten-year time extension through May 21 , 2001. The applicant submitted an
application for Minor Modification No. 5 to CUP 705 on November 22, 2000 to extend the
expiration date of the use consistent with the Community Development Department's
practice at that time to allow modifications to permits for time extensions not expressly
authorized in the project conditions of approval. This practice ceased in 2002 and the
applicant was told that his application for a modification would be elevated to a new CUP,
with review by the Planning Commission through a public hearing process. On May 2,
2008 the applicant amended the request to include permanent stockpiling and crushing of
unused hardened concrete that can be used for road base, or re-mixed into new concrete.
A public hearing for this case was opened on June 23, 2009. One nearby homeowner
expressed concerns about dust, crushing noise and traffic noise. These issues are
discussed in this report. The agenda item was continued with the hearing open at the
applicant's request due to unavailability to attend the hearing.
000001
Honorable Planning Commission
August 25, 2009
Page 2
DISCUSSION
Project Setting
Existing Site Conditions:
The National Ready Mixed Concrete Batch Plant is located on relatively level terrain on an
approximately ten-acre site consisting of two lots located on the south side of Princeton
Avenue between the State Route 118 overpass and Spring Road (13950 Princeton
Avenue). Access to the site is provided along Princeton Avenue through a forty-foot wide
driveway. The batch plant produces concrete from aggregate and cement raw materials.
Although the site is in the current and proposed 100-year floodplain, buildings on the site
are limited and no building expansion is proposed under the new CUP.
General Plan and Zoning
Direction Zoning General Plan Land Use
Site M-2 I-2 Concrete Batch Plant
(Limited Industrial) (Medium Industrial)
RE-1 ac R-H Single Family
North (Rural Exclusive) (Rural High Dwelling
g
South M-2 1-2
(Limited Industrial) (Medium Industrial) Arroyo Simi
East M-2 1-2 Industrial
(Limited Industrial) (Medium Industrial)
West M-2 I-2 Industrial
(Limited Industrial) (Medium Industrial)
General Plan and Zoning Consistency:
The proposed use is also consistent with the 1-2 (Medium Industrial) designation of the
City's General Plan. The concrete batch plant requires a CUP in the Limited Industrial (M-
2) Zone.
Proposed Project
The applicant is requesting the CUP to continue existing operations on the site and allow
for storage, crushing and stockpiling of unused hardened concrete.
S:\Community Development\DEV PMTS\C U P\2003-2007\2003-05 National Ready Mix\Agenda Reports\pc 090825.doc 000002
Honorable Planning Commission
August 25, 2009
Page 3
Operations: National Ready Mixed provides services such as concrete manufacturing
sales and delivery. Existing buildings and structures include a batch plant with a foot-print
of approximately 2,500 square feet, 642 square feet of offices, 3,200 square feet of
shop/storage buildings, and a reclaimer which separates slurry water from reclaimed
aggregates (water and sand). Raw materials are mixed on-site and poured into standard
four-axle concrete trucks.
The batch plant currently operates between the hours of 5:30 a.m. to 6:00 p.m. on
weekdays and 5:30 a.m. to 1:00 p.m. on Saturdays, per the conditions on the most recent
permit, issued in 1992. Typically, twenty-five employees are located on-site. Concrete
mixer and raw material truck drivers visit the site to make deliveries and pick-ups.
Traffic: Truck activity to the site consists of the delivery of aggregate and cement raw
materials, typically in five-axle trucks. During peak development years, an average of 61
aggregate trucks travel to the site each day (92 during a peak day), originating from
Fillmore, Sun Valley, and Palmdale. An average of nine cement raw material trucks travel
to the site each day (fifteen during a peak day), originating from Long Beach, Tehachapi,
and Lebec. The raw materials are mixed on-site and poured into standard four-axle
concrete trucks. The average daily number of concrete trucks during peak periods is 111
(167 during a peak day within those periods). The concrete truck traffic typically occurs
between 6:00 a.m. and 11:00 a.m. The concrete service area for the delivery of mixed
concrete includes most of Ventura County as well as west Los Angeles County. Trucks
traveling to and from the National Ready Mixed facility site typically utilize State Route 118
and State Route 23. No changes to the level of vehicular trip activity at the batch plant are
being proposed from the current operation. During the current economic conditions,these
numbers are much lower, however, it is anticipated that in the near future, development
conditions will return to higher levels.
A"Traffic Assessment of Existing Conditions and Operations for the National Ready Mixed
Concrete Batch Plant" dated October 17, 2000, was prepared by Linscott Law and
Greenspan. The assessment included documentation of the existing operation conditions
for the site driveway at Princeton Avenue, as well as the batch plant traffic activity and
truck delivery routes. Manual traffic observations contained within the assessment indicate
the plant site generates a relatively low number of vehicular trips. In addition, the
assessment states that key movements at the driveway intersection with Princeton Avenue
consistently operate at acceptable levels of service (Level of Service (LOS) C or better).
The traffic assessment concludes that the continuation of the operation would not generate
any significant adverse traffic impacts to the local street system. Although the traffic
assessment is nearly nine years old, staff has determined that an updated study would not
be necessary, because all required local street improvements have previously been
designed and approved by the City. The project would be required to improve or fund its
fair share of these improvements.
S:\Community Development\DEV PMTS\C U P\2003-2007\2003-05 National Ready Mix\Agenda Reports\pc 090825.doc
000003
Honorable Planning Commission
August 25, 2009
Page 4
Improvements to Princeton Avenue: Condition No. 57 of CUP-706 Minor Modification No.
4 required the applicant to bond for the future improvements to Princeton (formerly Los
Angeles) Avenue if and when the City proceeds with the overall project to widen the street
to four lanes. The need for future street improvements along Princeton Avenue is further
discussed in the Analysis section of this report.
Noise: A concern has been raised by a few residents in the area north of the project site
that the batch plant creates a significant amount of noise. Noise was also an issue
discussed at the City Council public hearing in 1992, when the City Council directed the
Community Development Director to extend the permit. This issue is further discussed in
the Analysis section of this report.
Landscaping: The existing landscaping is minimal, and lacks adequate maintenance. The
few trees and shrubs provide limited visual buffering of the batch plant from Princeton
Avenue. This issue is further discussed in the Analysis section of this report.
Concrete Crushing: The applicant has amended the request to include permanent
stockpiling and crushing of unused hardened concrete into a material that can be used for
road base, or re-mixed into new concrete. Since 2006 National Ready Mixed has
occasionally stockpiled unused hardened concrete until a sufficient amount of material
made it commercially viable to bring in a portable concrete crushing plant to create
recycled aggregate to be used for road base, or re-mixed into new concrete. This
stockpiling and crushing has been handled on a case-by-case basis through processing of
a Temporary Use Permit. The major concerns for consideration associated with the
concrete stockpiling and crushing are related to aesthetics, and local air quality. This issue
is discussed in detail in the Analysis section below.
ANALYSIS
The following items are issues of concern:
• Walls and Landscaping
• Noise
• Dust
• Road Improvements
• Time Limit for Conditional Use Permit
• Concrete Stockpiling and Crushing
• Front Setback
S:\Community Development\DEV PMTS\C U P\2003-2007\2003-05 National Ready Mix\Agenda Reports\pc 090825.doc000004
Honorable Planning Commission
August 25, 2009
Page 5
Walls and Landscaping: The existing landscaping provides a limited visual buffer from
Princeton Avenue. The batch plant utilizes large trucks and most on-site activities take
place outdoors. In order to adequately visually buffer this use from Princeton Avenue, staff
recommends that the applicant be required to construct a decorative eight to ten foot high
masonry wall, with a decorative cap and stacked stone pilasters every thirty feet on-center
along the Princeton Avenue frontage with stacked stone pilasters on either side of the
driveway entrance off Princeton Avenue. Trees, shrubs and ground cover landscaping
between this wall and the required sidewalk along Princeton Avenue would provide
additional screening and decoration. The Zoning Ordinance requires the wall to be setback
at least thirty feet from the ultimate right-of way of Princeton Avenue. Since most of the
site is lower than Princeton Avenue,the most effective location for the screening wall would
be closer to Princeton Avenue, within the thirty-foot front setback area. Because of the
unique site terrain and the visual benefit of a wall closer to Princeton Avenue, staff would
support a variance application for a wall in this setback area, provided that at least ten feet
of landscaping is planted in front of this wall on the property, behind the required sidewalk.
A variance application would need to be considered by the Planning Commission at a
subsequent meeting for a wall in the setback area.
For the property boundary adjacent to the Arroyo Simi there shall be decorative block, six
(6) feet high, set back from the property line at least 2.5 feet,with landscaping installed and
maintained on the Arroyo Simi side, consisting of vines, shrubs and trees to mask and
soften the wall. This requirement is consistent with the neighboring Sharma Construction
property and is necessary to screen the use from the Arroyo Simi.
Attached conditions of approval would require the precise design of all walls, fencing, and
landscaping associated with the fencing/walls to be to the satisfaction of the Planning
Director.
Noise: Noise from the batch plant operations has been an ongoing issue for residents
living on the bluff on the north side of Princeton Avenue. In order to continue to keep noise
levels to a minimum, staff recommends the hours of operations be limited to the existing
hours of operation which are from 6:00 a.m. to 6:00 p.m. Monday through Friday and 6:00
a.m. to 1:00 p.m. on Saturday, a start time half an hour later than the current operation.
Extended hours or additional days could be approved occasionally through a Temporary
Use Permit. This is sometimes necessary during large projects, such as freeway
construction, where a steady provision of product is required over a long period, when
construction is required after hours to mitigate impacts on commuters, or for repairs to
unexpected roadway damage. It is also recommended that the applicant be required to
provide a Noise Study to ensure the facility is in compliance with the City's Noise
Ordinance and the Noise Element of the General Plan. If the facility is not consistent with
the City's noise regulations, the applicant would be required to, within thirty days,
implement measures as determined necessary by the Planning Director and recommended
by the Noise Study to bring the existing use into conformance with City requirements.
S:\Community Development\DEV PMTS\C U P\2003-2007\2003-05 National Ready Mix\Agenda Reports\pc 090825.doc
0000051
Honorable Planning Commission
August 25, 2009
Page 6
Dust: The site is mostly unpaved. The moving of material on the site and the driving on
unpaved surfaces can create fugitive dust. Conditions are included for the project to
maintain an APCD permit and to submit a dust control plan for approval by the Public
Works Director/City Engineer and Planning Director.
Road Improvements: Future improvements, including street widening, are planned for
Princeton Avenue with an ultimate right-of-way width of 88 feet adjacent to this project site.
The Conditions of Approval require the applicant to be responsible for dedication of
necessary land for the right-of-way, associated slopes for construction, and for the costs of
the design and construction of the improvements along this property frontage, as required
by the Princeton Avenue Roadway Improvement plan, subject to the review and approval
of the Public Works Director/City Engineer and the Planning Director. In addition, the
applicant must contribute to any cumulative traffic fee program adopted by the City,
including the existing Los Angeles Avenue Area of Contribution (AOC)fee, Citywide Traffic
Fee, pro-rata Intersection Improvement Costs, and Traffic Systems Management (TSM)
fee. The roadway construction will also require a slope easement in lieu of a retaining wall.
Time Limit for Conditional Use Permit: Due to the extent of the improvements required as
part of this CUP, the time frame for this use should be no more than fifteen years, with the
Planning Director having the ability to extend the term of the conditional use permit for
another five years upon the written request of the applicant, payment of any fees or deposit
required at the time, and reconfirmation of the findings and compliance with conditions of
the CUP. The applicant or successor must file an application for a new CUP at least six
months prior to expiration should there be a desire to continue the use upon the expiration
of this permit.
Concrete Stockpiling and Crushing: As part of this request, the applicant proposes to
stockpile and crush unused hardened concrete on site on a permanent basis. The
concrete would be crushed on site through the use of a portable concrete crushing plant
brought in on an as-needed basis. The concrete crushing process diverts hardened
concrete debris from the landfill and reduces the need for the use of natural raw material.
Although not required by law, National Ready Mixed is allowed to substitute a certain
percentage of recycled aggregates for "virgin" aggregates in some situations where the
specifications allow. Caltrans and other agencies often specify a percentage of recycled
aggregate for public construction projects. California may eventually require a higher
percentage of recycled aggregate or alternative concrete ingredients as part of the
implementation of AB 32 (the California Global Warming Solutions Act of 2006). The use
of crushed concrete allows for reduced mining, and diverts otherwise unusable material
from the waste stream. Additionally, using recycled aggregates reduces both mining and
the truck trips back and forth to the mine and to the landfill. National Ready Mixed
proposes to recycle only their own material that is returned to their facility for a variety of
reasons. They are not proposing to recycle construction materials that would require
separation of rebar and other materials.
S:\Community Development\DEV PMTS\C U P\2003-2007\2003-05 National Ready Mix\Agenda Reports\pc 090825.doc 000606
Honorable Planning Commission
August 25, 2009
Page 7
Based on previous storage and crushing activities, the volume of uncrushed concrete on
site can vary from zero to perhaps 30,000 tons. The present economics of crushing means
that National Ready Mixed would not bring in crushing equipment until there are at least
10,000 tons. The length of time needed to accumulate that amount will vary based on
the concrete market and the level of concrete returns from customers, which varies
depending on customers' expertise in calculating concrete volumes and their expertise in
subsurface preparation. It is impossible to know exactly how much material will be
stockpiled during that period, exactly how long the crushing operation will be or how long
the finished recycled product will remain stockpiled on-site. Approximately 1 .5 acres of
area would be required to store this amount of crushed material at a height of ten feet. The
western side of the property is over three acres in area and could thus accommodate the
stockpiling at this height. A condition is recommended to restrict material to 30,000 tons,
per the permit request.
Crushing has occurred twice since 2006. At those times, the stockpile of crushed material
has been approximately forty feet in height. The City's engineering standards, established
by City Council resolution, allow stockpiling of material at a height of no greater than five
feet, unless approved by the Council. Given the nature of this industrial material, a
maximum ten foot height of the stockpile could be safely established and screened from
public view with the previously noted decorative masonry wall. A condition restricting the
stockpile height is recommended.
Front Setback: The Zoning Ordinance requires a thirty-foot front setback because the
property is across the street from a residential zone. The setback is measured from the
ultimate street right-of-way and must be landscaped except for required walkways and
driveways. In order to accommodate the required right-of-way and setbacks, the existing
outdoor storage areas would need to be relocated. It should be noted that if a wall is
approved within the setback area as discussed above(10 feet from the right-of-way instead
of 30 feet), staff would also support outdoor storage behind the wall, as long as it is lower
in height than the wall. A condition of approval has been added requiring the applicant to
provide a plan showing the proposed locations for any outdoor storage to be approved by
the Planning Director.
CONDITIONAL USE PERMIT FINDINGS
1. The proposed use is consistent with the provisions of the general plan, zoning
ordinance, and any other applicable regulations in that this type of use is anticipated
in the M-2 (Limited Industrial) zone, subject to the approval of a Conditional Use
Permit. Goal No. 10 of the Land Use Element of the General Plan is to"Encourage
a diversity of industrial uses which are located and designed in a compatible
manner with surrounding land uses" Policy 10.2 states that "Industrial uses shall
incorporate design features, such as screen walls, landscaping and setbacks, and
include height and lighting restrictions so as to minimize adverse impact on adjacent
uses and enhance the visual characteristics of the area." Goal No. 13 of the Land
Use Element of the General Plan is to "Achieve a well-balanced and diversified
economy within the City which provides a variety of economic and employment
S:\Community Development\DEV PMTS\C U P\2003-2007\2003-05 National Ready Mix\Agenda Reports\pc 090825.doc
000007
Honorable Planning Commission
August 25, 2009
Page 8
opportunities". Policy 13.5 states that "The city shall work with the business and
development community to encourage an increase in sales tax capture." This
project meets these objectives;
2. The proposed use is compatible with both existing and permitted land uses in the
surrounding area in that this area has historically included Limited Industrial type
uses, including heavy equipment repair, another concrete batch plant, and a shoring
company. Nearby residential uses post-date the establishment of this zoning and
many of these land uses;
3. The proposed use is compatible with the scale, visual character, and design of
surrounding properties in that conditions of approval have been proposed for
appropriate screening and landscaping. The batch plant and crushing operations
are consistent with surrounding land uses;
4. The proposed use would not be obnoxious or harmful, or impair the utility of
neighboring property or uses in that conditions of approval have been proposed
regarding hours of operation, noise and traffic in order to mitigate potential impacts
on neighboring properties; and
5. The proposed use would not be detrimental to the public health, safety,
convenience, or welfare in that the applicant is required to comply with all local,
State, and Federal laws, including permitting for Environmental Health, and Air
Pollution Control District requirements, and in that conditions of approval have been
proposed regarding hours of operation, noise and traffic in order to mitigate
potential impacts on public health, safety, convenience, and welfare.
ENVIRONMENTAL DETERMINATION
In accordance with the City's environmental review procedures adopted by resolution, the
Planning Director determines the level of review necessary for a project to comply with the
California Environmental Quality Act (CEQA). Some projects may be exempt from review
based upon a specific category listed in CEQA. Other projects may be exempt under a
general rule that environmental review is not necessary where it can be determined that
there would be no possibility of significant effect upon the environment. A project which
does not qualify for an exemption requires the preparation of an Initial Study to assess the
level of potential environmental impacts.
The Director has reviewed this project and because it is a continuation of existing
operations on the same site, has found it to be Categorically Exempt in accordance with
Section 15301 (Class 1) of the California Code of Regulations (CEQA Guidelines) for
existing facilities which included the operation, permitting and minor alterations of existing
public or private facilities involving negligible or no expansion of use beyond that existing at
the time of the lead agency determination. No further environmental documentation is
required.
S:\Community Development\DEV PMTS\C U P\2003-2007\2003-05 National Ready Mix\Agenda Reports\pc 090825.doc
000008
Honorable Planning Commission
August 25, 2009
Page 9
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,
subject to conditions of approval.
ATTACHMENTS:
1. Location Map
2. Aerial Photograph
3. Site Plan
4. Draft PC Resolution with Conditions of Approval
S:\Community Development\DEV PMTS\C U P\2003-2007\2003-05 National Ready Mix\Agenda Reports\pc 090825.doc
000009
Honorable Planning Commission
August 25, 2009
Page 10
(
,
¢'
3 i
t iso
i
`, Moorpark
t, x_ s �A't
I ? A s2't ITE � Y j
j° E �S _, r^` 1, l
3 '�� it i
', "
,-
a ;,,; SEE
ri
, ,_;
�l-^
gg
H,, °. .eeleAtlas E Products .,._,-- --- 1•
LOCATION MAP
PC ATTACHMENT 1
S:\Community Development\DEV PMTS\C U P\2003-2007\2003-05 National Ready Mix\Agenda Reports\pc 090825.doc
00001.0
Honorable Planning Commission
August 25, 2009
Page 11
6
"'3wr tl'a
4011* ' '' I i ' '
dm �y `', 1
X
4
spa;ya ! De par r
B4 H ' ce'.
a
is Eu
■
AERIAL PHOTOGRAPH
PC ATTACHMENT 2
S:\Community Development\DEV PMTS\C U P\2003-2007\2003-05 National Ready Mix\Agenda Reports\pc 090825.doc
000011
Honorable Planning Commission
August 25, 2009
Page 12
r,. .:t_
r
3 s:;!'
i
e d
\
O
< i
, ;;. v
4
,t Aoff\' \ , '10 1 7
Y
o u4, 11 : I E 4 95 E4�4 `' , , c •q V A
I 4ie i;4 14 4 i.3 14 h it �4a
o a 4-44 1 44 41:4: 14e 94§ a.P1 ' .� , ' s�
4.I tSEE Milli'l4 t4i!, 4 4 t.q , V
'!e 0;11111:; 119 f141 li I iE4v: ce 14 r� ''' .m
a
ip5 € 93 €6� y \ <
• l 4i? '1 Z Sp a 5 \\
5 1 all '.'i 4d! 1 £4 I:4 gi fie$ 4
s s d d - @ i pa pa 3i e i44 @ 4 $ fs,
° 4 i 5t= $4`} P 4041 Ee4 7i, 104: Ili °ti 1:i o f1 .4F
a II $'. oVA= ° 46 FIII€ X4447 OhRPh4 '1& aOh 14ls,4E4
SITE PLAN
PC ATTACHMENT 3
S:\Community Development\DEV PMTS\C U P\2003-2007\2003-05 National Ready Mix\Agenda Reports\pc 090825.doc
000012
RESOLUTION NO. PC-2009-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF MOORPARK, CALIFORNIA, APPROVAL OF
CONDITIONAL USE PERMIT 2003-05, A REQUEST TO
CONTINUE AND EXPAND OPERATION OF AN EXISTING
CONCRETE BATCH PLANT FACILITY ON
APPROXIMATELY 10 ACRES LOCATED AT 13950
PRINCETON AVENUE, ON THE APPLICATION OF
NATIONAL READY MIXED CONCRETE
WHEREAS, at duly noticed public hearing on June 23, 2009, and August 25,
2009, the Planning Commission considered Conditional Use Permit No. 2003-05, on
the application of National Ready Mixed Concrete, for the continuation and expanded
operation of an existing concrete batch plant facility on approximately 10 acres located
at 13950 Princeton Avenue; and
WHEREAS, at its meeting of June 23, 2009, and August 25, 2009, the Planning
Commission considered the agenda report and any supplements thereto and written
public comments; opened the public hearing and took and considered public testimony
both for and against the proposal and reached a decision on this matter; and
WHEREAS, the Planning Commission concurs with the Planning Director's
determination that this project is Categorically Exempt from the provisions of CEQA
pursuant to Section 15301 as a Class 1 exemption for Existing Facilities;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1 . CONDITIONAL USE PERMIT FINDINGS: Based upon the
information set forth in the staff report(s), accompanying studies, and oral and written
public testimony, the Planning Commission makes the following findings in accordance
with City of Moorpark, Municipal Code Section 17.44.040:
1 . The proposed use is consistent with the provisions of the general plan, zoning
ordinance, and any other applicable regulations in that this type of use is
anticipated in the M-2 (Limited Industrial) zone, subject to the approval of a
Conditional Use Permit. Goal No. 10 of the Land Use Element of the General
Plan is to "Encourage a diversity of industrial uses which are located and
designed in a compatible manner with surrounding land uses" Policy 10.2 states
that "Industrial uses shall incorporate design features, such as screen walls,
landscaping and setbacks, and include height and lighting restrictions so as to
minimize adverse impact on adjacent uses and enhance the visual
characteristics of the area." Goal No. 13 of the Land Use Element of the
General Plan is to "Achieve a well-balanced and diversified economy within the
PC ATTACHMENT 4
000013
Resolution No. PC-2009-
Page 2
City which provides a variety of economic and employment opportunities". Policy
13.5 states that "The city shall work with the business and development
community to encourage an increase in sales tax capture." This project meets
these objectives;
2. The proposed use is compatible with both existing and permitted land uses in the
surrounding area in that this area has historically included Limited Industrial type
uses, including heavy equipment repair, another concrete batch plant, and a
shoring company. Nearby residential uses post-date the establishment of this
zoning and many of these land uses;
3. The proposed use is compatible with the scale, visual character, and design of
surrounding properties in that conditions of approval have been proposed for
appropriate screening and landscaping. The batch plant and crushing
operations are consistent with surrounding land uses;
4. The proposed use would not be obnoxious or harmful, or impair the utility of
neighboring property or uses in that conditions of approval have been proposed
regarding hours of operation, noise and traffic in order to mitigate potential
impacts on neighboring properties; and
5. The proposed use would not be detrimental to the public health, safety,
convenience, or welfare in that the applicant is required to comply with all local,
State, and Federal laws, including permitting for Environmental Health, and Air
Pollution Control District requirements, and in that conditions of approval have
been proposed regarding hours of operation, noise and traffic in order to mitigate
potential impacts on public health, safety, convenience, and welfare.
SECTION 2. PLANNING COMMISSION APPROVAL: The Planning
Commission approves Conditional Use Permit No. 2003-05 subject to the Special and
Standard Conditions of Approval included in Exhibit A (Special and Standard
Conditions of Approval), attached and incorporated herein by reference.
000014
Resolution No. PC-2009-
Page 3
SECTION 3. FILING OF RESOLUTION: The Planning Director shall cause a
certified resolution to be filed in the book of original resolutions.
The action of the foregoing direction was approved by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
PASSED, AND ADOPTED this 26th day of May, 2009.
Bruce Hamous, Chair
David A. Bobardt, Planning Director
Exhibit A— Standard and Special Conditions of Approval
000015
Resolution No. PC-2009-
Page 4
EXHIBIT A
STANDARD AND SPECIAL CONDITIONS OF APPROVAL
FOR CONDITIONAL USE PERMIT (CUP) NO. 2003-05
STANDARD CONDITION OF APPROVAL
The applicant shall comply with Standard Conditions of Approval for Conditional Use
Permits as adopted by City Council Resolution No. 2009-2799 (Exhibit B), except as
modified by the following Special Conditions of Approval. In the event of conflict
between a Standard and Special Condition of Approval, the Special Condition shall
apply.
SPECIAL CONDITIONS OF APPROVAL
1 . This permit is granted for a period of fifteen (15) years from the date of final
action on this permit. Upon submittal of request by the applicant and payment
of processing fees at least six months prior to its expiration, the Planning
Director may extend this term one time for an additional five (5) years if all of the
required findings of the original CUP continue to apply and the project is in
compliance with the terms of the permit. A reclamation plan to restore the site
at the end of the permit period must be submitted to the satisfaction of the
Planning Director within ninety (90) days of approval of the CUP. The
reclamation plan must include provisions for bonding or cash deposit to cover
the costs associated with implementation.
2. The hours of operation for the facility are limited to between 6:00 a.m. and 6:00
p.m. Monday through Friday and between 6:00 a.m. and 1:00 p.m. on
Saturdays. Temporary deviation from these days and hours may be approved
by the Planning Director for transportation improvement projects or unexpected
facility repairs (i.e. not planned renovations) through consideration of a
Temporary Use Permit application.
3. Repair and maintenance of vehicles on the site is limited to the hours between
7:00 a.m. and 6:00 p.m. Vehicle repair and regular maintenance is not
permitted outside of the repair building.
4. Within ninety (90) days of approval of the Conditional Use Permit, the applicant
must submit wall and landscaping plans for the Princeton Avenue and Arroyo
Simi frontages to the Planning Director for review and approval.
The plans must include a decorative ten (10) foot high masonry wall, with a
decorative cap and stacked stone pilasters every thirty (30) feet on-center along
the Princeton Avenue frontage with stacked stone pilasters on either side of the
driveway entrance off Princeton Avenue. A variety of trees, shrubs and ground
cover landscaping should also be required to be installed between the wall and
the sidewalk along Princeton Avenue to provide additional screening and
Odrn ,F.
Resolution No. PC-2009-
Page 5
decoration. The location of the decorative wall must be setback at least twenty
feet (20') from the ultimate right-of way of Princeton Avenue. If the applicant
proposes the wall to be constructed within the required thirty (30) foot setback
area, a variance would need to be considered by the Planning Commission.
The walls and landscaping must be installed to the satisfaction of the Planning
Director, within six (6) months of approval of the plans.
For the property line along the Arroyo Simi, the plans must include a decorative
block wall, six (6) feet high, set back from the property line at least 2.5 feet, with
landscaping installed and maintained on the Arroyo Simi side, consisting of
vines, shrubs and trees to mask and soften the wall. The walls and
landscaping must be installed to the satisfaction of the Planning Director, within
six (6) months of approval of the plans.
None of the prohibited plants indicated in the Provisionally Acceptable Plant List
and the Invasive and Prohibited Plant List contained in the City's Landscape
Standards and Guidelines may be used on any property within the development
site or the adjacent public or private right-of-way.
All landscaping must be maintained in a healthy and thriving condition, free of
weeds, litter and debris. The applicant shall also be responsible for the
maintenance of any and all parkway landscaping constructed as a requirement
of the project, whether said parkway landscaping is within the street right-of-way
or outside of the street right-of-way. Any parkway landscaping outside of the
street right-of-way must be within a landscape maintenance district or back-up
district.
5. Within ninety (90) days of approval of the Conditional Use Permit, the applicant
must provide an irrevocable offer to dedicate to the City right of way and a
landscape and slope easement along Princeton Avenue, for future road
purposes, consistent with the Princeton Avenue Roadway Improvement Plan, to
the satisfaction of the Public Works Director/City Engineer.
6. Within one year of approval of the Conditional Use Permit, the applicant must
bond for, design, and construct the ultimate street improvements for Princeton
Avenue adjacent to the site as follows: Provide eighty-eight feet (88') of right-of-
way with street improvements along the southerly part of project street frontage,
as required by the Princeton Avenue Roadway Improvement Plan, subject to
the review and approval of the Public Works Director/City Engineer.
7. The applicant must obtain all necessary permits from Ventura County
Environmental Health Division and provide proof of said permits to the
Community Development Department within thirty (30) days of approval of this
permit. If, during the life of the Conditional Use Permit, any approved uses
require additional review and approval for compliance with all applicable State
and local regulations related to storage, handling, and disposal of potentially
hazardous materials.
000017
Resolution No. PC-2009-
Page 6
8. The applicant must obtain all necessary permits from Ventura County Air
Pollution Control District (APCD) and provide proof of said permits to the
Community Development Department within thirty (30) days of approval of this
permit.
9. The applicant must provide a plan for ongoing dust control for the entire site,
subject to the satisfaction of the Public Works Director/City Engineer and
Planning Director, within thirty (30) days of approval of this permit.
10. Within ninety (90) days of approval of the Conditional Use Permit the applicant
must submit to the City a Noise Study to determine compliance with the City's
Noise Ordinance and Noise Element of the General Plan. If the use is not
consistent with the City's noise requirements, the applicant will be required to
implement appropriate measures as determined by the Planning Director to
bring the use into compliance with provisions of the City's Noise Element of the
General Plan and the Noise Ordinance.
11. Should the City prepare a specific plan for the properties along Princeton
Avenue, the applicant shall agree to pay their pro-rata portion of the cost of
preparing the specific plan as determined by the proportion of the site area to
the specific plan area.
12. Within thirty (30) days of the effective date of this approval, the applicant must
provide a program for storage, dust control, screening, and a fixed schedule for
ongoing removal of the crushed material from the site. No less than thirty (30)
days prior to any crushing operations, the applicant must notify the Planning
Director and Public Works Director/City Engineer of any such operations, and
provide proof of APCD clearance.
13. A plan showing a clearly defined storage area for debris and crushed material
must be provided within ninety (90) days of approval of this permit. Stockpiles
of debris and crushed material may not exceed 30,000 tons and ten (10) feet in
height, as measured from the adjacent grade. Such storage area must be
clearly defined on the site. Stockpiles over five (5) feet in height require City
Council approval in accordance with the adopted engineering standards
resolution.
14. Stockpiling of material must not occur within the most recent FEMA identified
floodway unless, prior to the issuance of any zoning clearance or other permit
for stockpiling, a Federal Emergency Management Agency (FEMA) approved
Conditional Letter of Map Revision (CLOMR) is provided to the satisfaction of
the Public Works Director/City Engineer.
15. A plan showing relocation of the existing material storage bins on the north side
of the site must be provided within ninety (90) days of approval of this permit.
16. Extended "idling" of commercial delivery vehicles is prohibited. Engines must be
turned off within five minutes of arrival for all pick-ups and deliveries.
0000 1.S
Resolution No. PC-2009-
Page 7
17. Prior to or concurrently with approval of a zoning clearance for occupancy the
applicant shall grant the City public access easements to the Arroyo Simi for
future trail and recreational purposes. The exact location of said easements will
be subject to the approval of the Planning Director and the Public Works
Director/City Engineer. Concurrent with the completion of the southerly block
fence/wall the applicant shall install a gate in the southern project boundary
fence/wall for access to the Arroyo by the public in the event that a trail or
recreational facility is installed along the Arroyo. The gate shall be locked until
such time as a trail or such facility is installed and access is granted.
18. Entitlement Processing: Prior to the approval of any Zoning Clearance for this
entitlement the applicant shall submit to the Community Development
Department all outstanding entitlement case processing fees, including all
applicable City legal service fees. This payment must be made within ninety
(90) calendar days after the approval of this entitlement.
19. Condition Compliance: Prior to the issuance of any Zoning Clearance, building
permit, grading permit, or advanced grading permit, the applicant shall submit to
the Community Development Department the Condition Compliance review
deposit.
20. Capital Improvements and Facilities, and Processing: Prior to the issuance of
any Zoning Clearance, the applicant shall submit to the Community
Development Department, capital improvement, development, and processing
fees at the current rate then in effect. Said fees include, but are not limited to
building and public improvement plan checks and permits. Unless specifically
exempted by City Council, the applicant is subject to all fees imposed by the
City as of the issuance of the first permit for construction and such future fees
imposed as determined by City in its sole discretion so long as said fee is
imposed on similarly situated properties.
21 . Other Fees: Within ninety (90) days of approval, the applicant shall submit to the
City Parks fees, Tree and Landscape fees, Library Facility fees, Fire Protection
Facility fees, Police Facilities fees, Transportation Systems Management fees,
Intersection Improvement fees, Citywide Traffic fees, Area of Contribution fees,
and Art in Public Places fees, in accordance with the Moorpark Municipal Code
and fee resolutions in effect at the time of project approval, or evidence that
these fees have previously been paid to the satisfaction of the Planning
Director.
22. Electronic Conversion: Within ninety (90) days of approval, the applicant shall
submit to the Community Development Department the City's electronic image
conversion fee for entitlement/condition compliance documents.
23. Fish and Game: Within two (2) business days after project approval, the
applicant shall submit to the City of Moorpark a check for the filing of the Notice
of Exemption County Administrative Fee, made payable to the County of
Ventura, in compliance with Fish and Game Code and County procedures.
000019
Resolution No. PC-2009-
Page 8
24. Employee parking areas must be developed and maintained in accordance with
the requirements of the Moorpark Municipal Code. All parking space and
loading bay striping must be maintained so that it remains clearly visible during
the life of the development.
25. Prior to any re-striping of the parking area, a Zoning Clearance is required. All
disabled parking spaces and paths of travel must be re-striped and maintained
in their original approved locations unless new locations are approved by the
Planning Director.
26. The applicant agrees not to protest the formation of an underground Utility
Assessment District.
27. The continued maintenance of the subject site and facilities is subject to
periodic inspection by the City. The Applicant and his/her successors, heirs, and
assigns are required to remedy any defects in ground or building maintenance,
as indicated by the City within five (5) working days from written notification.
28. No noxious odors may be generated from any use on the subject site.
29. The applicant and his/her successors, heirs, and assigns must remove any
graffiti within seventy-two (72) hours from written notification by the City of
Moorpark. All such graffiti removal must be accomplished to the satisfaction of
the Planning Director.
30. Within ninety (90) days of approval of this Conditional Use Permit, the applicant
shall submit a Waste Reduction and Recycling Plan to the City's Solid Waste
Management staff and the Planning Director for review and approval. The Plan
must include a designated building manager, who is responsible for initiating on-
site waste materials recycling programs, including acquiring storage bins for the
separation of recyclable materials and coordination and maintenance of a
curbside pickup schedule.
31 . The building manager or designee shall be required to conduct a routine on-site
waste management education program for educating and alerting employees
and/or residents to any new developments or requirements for solid waste
management. This condition is to be coordinated through the City's Solid Waste
Management staff.
Please contact the ENGINEERING DIVISION for compliance with the following
conditions:
GENERAL
32. Grading, drainage and improvement plans and supporting reports and
calculations must be prepared in accordance with the latest California Building
Code as adopted by the City of Moorpark and in conformance with the latest
"Land Development Manual" and "Road Standards" as promulgated by Ventura
County; "Hydrology Manual" and "Design Manual" as promulgated by Ventura
County Watershed Protection District; "Standard Specifications for Public Works
000020
Resolution No. PC-2009-
Page 9
Construction" as published by BNI (except for signs, traffic signals and
appurtenances thereto which must conform to the provisions of Chapter 56 for
signs and Chapter 86 for traffic signals, and appurtenances thereto, of the
"Standard Specifications," most recent edition, including revisions and errata
thereto, as published by the State of California Department of Transportation).
33. Grading, drainage and improvement plans and supporting reports and
calculations must be prepared in accordance with the most recently approved
"Engineering Policies and Standards" of the City of Moorpark, and "Policy of
Geometric Design of Highways and Streets," most recent edition, as published
by the American Association of State Highway and Transportation Officials. In
the case of conflict between the standards, specifications and design manuals
listed herein and above, the criteria that provide the higher level of quality and
safety prevail as determined by the City Engineer and Public Works Director.
Any standard specification or design criteria that conflicts with a Standard or
Special Condition of Approval of this project must be modified to conform with
the Standard or Special Condition to the satisfaction of the City Engineer and
Public Works Director.
34. Engineering plans must be submitted on standard City title block sheets of 24-
inch by 36-inch to a standard engineering scale representative of sufficient plan
clarity and workmanship.
35. A 15-mile per hour speed limit must be observed within all construction areas.
36. If any hazardous waste or material is encountered during the construction of this
project, all work must be immediately stopped and the Ventura County
Environmental Health Department, the Ventura County Fire Protection District,
the Moorpark Police Department, and the Moorpark City Engineer and Public
Works Director must be notified immediately. Work may not proceed until
clearance has been issued by all of these agencies.
37. The applicant and/or property owner shall provide verification to the City
Engineer and Public Works Director that all on-site storm drains have been
cleaned at least twice a year, once immediately prior to October 1st (the rainy
season) and once in January. Additional cleaning may be required by the City
Engineer and Public Works Director depending upon site and weather
conditions.
38. All paved surfaces; including, but not limited to, the parking area and aisles,
drive-through lanes, on-site walkways must be maintained free of litter, debris
and dirt. Walkways, parking areas and aisles and drive-through lanes must be
swept, washed or vacuumed regularly. When swept or washed, litter, debris and
dirt must be trapped and collected to prevent entry to the storm drain system in
accordance with NPDES requirements.
39. Prior to improvement plan approval, the applicant shall obtain the written
approval on approved site plan exhibit sheets for the location of fire hydrants by
the Ventura County Fire Prevention Division. Water and Sewer improvements
000021
Resolution No. PC-2009-
Page 10
plans must be submitted to Ventura County Waterworks District No. 1 for
approval.
40. Prior to any work being conducted within any State, County, or City right-of-way,
the applicant shall obtain all necessary encroachment permits from the
appropriate agencies and provide copies of these approved permits and the
plans associated with the permits to the City Engineer and Public Works
Director.
41 . Reactive organic compounds, Nitrogen oxides (ozone/smog precursor), and
particulate matter (aerosols/dust) generated during construction operations must
be minimized in accordance with the City of Moorpark standards and the
standards of the Ventura County Air Pollution Control District (APCD). When an
air pollution Health Advisory has been issued, construction equipment
operations (including but not limited to grading, excavating, earthmoving,
trenching, material hauling, and roadway construction) and related activities
must cease in order to minimize associated air pollutant emissions.
42. The applicant shall comply with Chapters 9.28, 10.04, 12.24, and 17.53 of the
Moorpark Municipal Code and any provision amendatory or supplementary
thereto, as a standard requirement for construction noise reduction.
43. The applicant shall utilize all prudent and reasonable measures (including
installation of a 6-foot high chain link fence around the construction site(s)
and/or provision of a full time licensed security guard) to prevent unauthorized
persons from entering the work site at any time and to protect the public from
accidents and injury.
44. The applicant shall post, in a conspicuous location, the construction hour
limitations and make each construction trade aware of the construction hour
limitations.
PUBLIC AND PRIVATE STREETS AND RELATED IMPROVEMENTS
45. Prior to construction of any public improvement, the applicant shall submit to the
City Engineer and Public Works Director, for review and approval, street
improvement plans prepared by a California Registered Civil Engineer, and
enter into an agreement with the City of Moorpark to complete public
improvements, with sufficient surety posted to guarantee the complete
construction of all improvements, except as specifically noted in these Standard
Conditions or Special Conditions of Approval.
46. Prior to issuance of the first building permit, all existing and proposed utilities,
including electrical transmission lines less than 67Kv, must be under-grounded
consistent with plans approved by the City Engineer, Public Works Director and
Planning Director. Any exceptions must be approved by the City Council.
47. Above-ground obstructions in the right-of-way (utility cabinets, mailboxes, etc.)
must be placed within landscaped areas when landscaped areas are part of the
right-of-way improvements. When above ground obstructions are placed within
000022
Resolution No. PC-2009-
Page 11
the sidewalk, a minimum of five feet (5') clear sidewalk width must be provided
around the obstruction. Above-ground obstructions may not be located within or
on multi-purpose trails.
48. Prior to final inspection of improvements, the project Registered Civil Engineer
shall submit certified original "record drawing" plans with three (3) sets of paper
prints and the appropriate plan revision review fees to the City Engineer and
Public Works Director along with electronic files in a format satisfactory to the
City Engineer and Public Works Director. These "record drawing" plans must
incorporate all plan revisions and all construction deviations from the approved
plans and revisions thereto. The plans must be "record drawings" on 24" X 36"
Mylar® sheets (made with proper overlaps) with a City title block on each sheet.
In addition, the applicant shall provide an electronic file update of the City's
Master Base Map electronic file, incorporating all streets, sidewalks, street
lights, traffic control facilities, street striping, signage and delineation, storm
drainage facilities, water and sewer mains, lines and appurtenances and any
other utility facility installed for this project.
49. The street improvement plans must contain a surveyor's statement on the plans,
certifying that, in accordance with Business and Professions Code 8771, all
recorded monuments in the construction area will be protected in place during
construction, or have been located and tied with no fewer than four (4) durable
reference monuments, which will be protected in place during construction.
Copies of all monument tie sheets must be submitted to the City on reproducible
3-mil polyester film.
50. Prior to reduction of improvement bonds, the applicant must submit reproducible
centerline tie sheets on 3-mil polyester film to the City Engineer and Public
Works Director.
51 . All streets must conform to the latest City of Moorpark Engineering Policies and
Standards using Equivalent Single Axle Loads (ESAL) for a minimum thirty (30)
year term for public streets and ESAL for a twenty (20) year term on private
streets. All streets must be designed and constructed to the required structural
section in conformance with the latest City of Moorpark Engineering Policies and
Standards. The geotechnical or soil reports must address the need for possible
sub-drainage systems to prevent saturation of the pavement structural section
or underlying foundation. An additional one and one-half inch (1-1/2") thick
rubberized asphalt pavement must be added to the structural section for public
streets. This additional pavement may not be used in determining the required
structural section.
52. When required by the City Engineer and Public Works Director, the applicant
shall provide, for the purposes of traffic signal installation, two (2) four-inch (4")
P.V.C. conduits extending across all intersections, and surfacing through "J"
boxes to the satisfaction of the City Engineer and Public Works Director.
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
000023
Resolution No. PC-2009-
Page 12
53. Prior to the start of grading or any ground disturbance, the applicant shall
identify a responsible person experienced in NPDES compliance who is
acceptable to the City Engineer and Public Works Director. The designated
NPDES person (superintendent) shall be present, on the project site Monday
through Friday and on all other days when the probability of rain is forty percent
(40%) or greater and prior to the start of and during all grading or clearing
operations until the release of grading bonds. The superintendent shall have full
authority to rent equipment and purchase materials to the extent needed to
effectuate Best Management Practices. The superintendent shall be required to
assume NPDES compliance during the construction of streets, storm drainage
systems, all utilities, buildings and final landscaping of the site.
54. Prior to the issuance of any construction/grading permit and/or the
commencement of any qualifying grading or excavation, the applicant shall
prepare and submit a Stormwater Pollution Control Plan (SWPCP), on the form
established in the Ventura Countywide Stormwater Quality Management
Program. The SWPCP must address the construction phase compliance to
stormwater quality management regulations for the project. The SWPCP,
improvement plans and grading plans must note that the contractor shall comply
with the California Best Management Practices Construction Handbook,
published by the California Stormwater Quality Association. The SWPCP must
be submitted, with appropriate review deposits, for the review and approval of
the City Engineer and Public Works Director. The SWPCP must identify
potential pollutant sources that may affect the quality of discharges and design
the use and placement of Best Management Practices (BMPs) to effectively
prohibit the entry of pollutants from the construction site into the storm drain
system during construction. Erosion control BMPs, which include wind erosion,
dust control, and sediment source control BMPs for both active and inactive
(previously disturbed) construction areas are required.
55. The SWPCP must include provisions for modification of BMPs as the project
progresses and as conditions warrant. The City Engineer and Public Works
Director may require the first version and each subsequent revision of the
SWPCP to be accompanied by a detailed project schedule that specifically
identifies the type and location of construction operations for the project. The
SWPCP must be developed and implemented in accordance with the latest
issued Ventura Countywide Stormwater Quality Management Program, NPDES
Permit, Chapter 8.52 of the Moorpark Municipal Code and any other
requirements established by the City. The applicant is responsible for ensuring
that all project contractors, subcontractors, materials suppliers, tenants and
tenants' contractors comply with all BMPs in the SWPCP, until such time as a
notice of termination has been approved by the City Engineer and Public Works
Director and accepted by the Los Angeles Regional Water Quality Control
Board. The SWPCP must include schedules and procedures for onsite
maintenance of earthmoving and other heavy equipment and documentation of
000024
Resolution No. PC-2009-__
Page 13
proper disposal of used oil and other lubricants. Onsite maintenance of all
equipment that can be performed offsite will not be allowed.
56. Prior to the issuance of any construction/grading permit and/or the
commencement of any qualifying, grading or excavation, the applicant for
projects with facilities identified as subject to the State Board General Industrial
and Commercial permits shall prepare and submit a Stormwater Pollution
Prevention Plan (SWPPP). The SWPPP must address post-construction
compliance with stormwater quality management regulations for the project.
The SWPPP, improvement plans and grading plans must note that the
contractor shall comply with the latest edition of the California Best Management
Practices New Development and Redevelopment Handbook, published by the
California Stormwater Quality Association. The SWPPP must comply with the
Ventura Countywide Stormwater Quality Management Program Land
Development Guidelines, Technical Guidance Manual for Stormwater Quality
Control Measures, and the Stormwater Management Program (SMP) to
develop, achieve, and implement a timely, comprehensive, cost effective
stormwater pollution control program to reduce pollutants to the maximum
extent practicable. The SWPPP must be prepared in compliance with the form
and format established in the Ventura Countywide Stormwater Quality
Management Program, and submitted, with appropriate review deposits, for the
review and approval of the City Engineer/Public Works Director. The proposed
plan must also address all relevant NPDES requirements, maintenance
measures, estimated life spans of Best Management Practices facilities,
operational recommendations and recommendations for specific Best
Management Practices technology, including all related costs. The use of
permanent dense ground cover planting approved by the City Engineer/Public
Works Director and Community Development Director is required for all graded
slopes. Methods of protecting the planted slopes from damage must be
identified. Proposed management efforts during the lifetime of the project must
include best available technology. "Passive" and "natural" BMP drainage
facilities are to be provided such that surface flows are intercepted and treated
on the surface over biofilters (grassy swales), infiltration areas and other similar
solutions. The use of filters, separators, clarifiers, absorbents, adsorbents or
similar "active" devices is not acceptable and may not be used without specific
prior approval of the City Council. The use of biological filtering, bio-
remediation, infiltration of pre-filtered stormwater and similar measures that
operate without annual maintenance intervention, that are failsafe, that, when
maintenance is needed, will present the need for maintenance in an obvious
fashion and which will be maintainable in a cost effective and non-disruptive
fashion is required. As deemed appropriate for each project, the SWPPP must
establish a continuing program of monitoring, operating and maintenance to:
a. Provide discharge quality monitoring.
000025
Resolution No. PC-2009-
Page 14
b. Assess impacts to receiving water quality resulting from discharged
waters.
c. Identify site pollutant sources.
d. Educate management, maintenance personnel and users, to obtain user
awareness and compliance with NPDES goals.
e. Measure management program effectiveness.
f. Investigate and implement improved BMP strategies.
g. Maintain, replace and upgrade BMP facilities (establish BMP facility
inspection standards and clear guidelines for maintenance and
replacement).
h. Secure the funding, in perpetuity, to achieve items "a" through "g" above.
57. Prior to the issuance of any construction/grading permit and/or the
commencement of any clearing, grading or excavation, the applicant shall
submit a Notice of Intent (NOI) to the California State Water Resources Control
Board, Stormwater Permit Unit in accordance with the latest issued NPDES
Construction General Permit: Waste Discharge Requirements for Discharges of
Stormwater Runoff Associated with Construction Activities). The applicant shall
also provide a copy of the Notice of Intent (NOI) to the City Engineer and Public
Works Director as proof of permit application. The improvement plans and
grading plans shall contain the Waste Discharge Identification number for the
project.
58. Engineering and geotechnical or soils reports must be provided to prove, to the
satisfaction of the City Engineer and Public Works Director, that all "passive"
NPDES facilities meet their intended use and design. These facilities shall meet
the minimum requirements relating to water detention and clarification.
59. Within sixty (60) days of CUP approval, a plan for improving the existing on-site
detention basin must be submitted to the Public Works Director/City Engineer.
Construction of this basin per approved plans must be completed within one-
hundred twenty (120) days of CUP approval.
60. The applicant shall comply with Chapter 8.52 of the Moorpark Municipal Code
and any provision amendatory and supplementary thereto.
Please contact the VENTURA COUNTY AIR POLLUTION CONTROL DISTRICT for
compliance with the following conditions:
61 . Prior to issuance of a Zoning Clearance for building permit, a Ventura County
Air Pollution Control District (APCD) "Authority to Construct" shall be obtained
for all equipment subject to APCD Permit (see APCD Questionnaire, AB3205).
Final Certificate of Occupancy shall not be granted until compliance with all
applicable APCD Rules & Regulations has been satisfactorily demonstrated.
000G2F
Resolution No. PC-2009-
Page 15
62. Facilities shall be operated in accordance with the Rules and Regulations of the
Ventura County Air Pollution Control District, with emphasis on Rule 51,
Nuisance. Rule 51 states: "A person shall not discharge from any source
whatsoever such quantities of air contaminants or other material which cause
injury, detriment, nuisance or annoyance to any considerable number of
persons or to the public or which endangers the comfort, repose, health or
safety of any such persons or the public or which cause or have a natural
tendency to cause injury or damage to business or property."
< END >
00002'!
ITEM: 8.B.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: David A. Bobardt, Planning Director
Prepared by Joseph Fiss, Principal Planner
DATE: August 17, 2009 (PC Meeting of 8/25/09, Continued from 6/23/09)
SUBJECT: Consider Conditional Use Permit No. 2008-05 and Industrial Planned
Development No. 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
BACKGROUND/DISCUSSION
On August 8, 2008, Todd Manner (Fiedler Group) for the Moorpark Redevelopment
Agency submitted an application for Conditional Use Permit No. 2008-05 and Industrial
Planned Development No. 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, just east of the SR-118 freeway overpass.
The Planning Commission opened the public hearing and took testimony for this case on
June 23, 2009. There were several speakers, mostly local neighbors, who expressed
concerns about the use itself as well as potential operational, lighting, and traffic impacts
the project may have on the adjacent residential neighborhood. The Planning Commission
continued the agenda item to its August 25 meeting, with the public hearing open, and
directed staff to work with the applicant to investigate solutions to the issues raised at the
public hearing. The issues raised at the hearing and proposed solutions are addressed
below.
000028
Honorable Planning Commission
August 25, 2009
Page 2
Use:
This site is zoned M-2 for industrial uses. The purpose of the M-2 Limited Industrial zone is
to provide suitable areas for the development of a broad range of industrial and quasi-
industrial activities of a light manufacturing, processing or fabrication nature, while
providing appropriate safeguards for adjoining industrial sites, nearby non-industrial
properties, and the surrounding community. Service stations are allowed in the M-2 zone
with a Conditional Use Permit (CUP). The CUP allows for the addition of conditions to a
use to ensure that it is consistent with the general plan goals and policies and zoning
regulations. The M-2 zone permits by right automobile parts and supplies, offices, and a
wide variety of manufacturing and assembly uses. Uses requiring a Community
Development Director approved Administrative Permit include light automobile repair,
automobile or equipment rental, nurseries, restaurants, financial institutions, laboratories,
veterinary offices, warehousing, and welding. Uses requiring a CUP in the M-2 zone
include car washes, engine rebuilding, transmission repair, steam cleaning, automobile
body repair and painting, automobile sales, building supply stores, kennels and catteries,
recreational vehicle storage, cement, concrete and plaster product fabrication, distribution
and transportation facilities, heavy machinery repair, and self storage warehouses. The
proposed service station as conditioned is an appropriate use of the site. The conditions
originally proposed, along with additional conditions discussed below, would ensure its
consistency with the general plan and zoning.
Operational Impacts:
Two issues were raised with respect to the facility operation: size of the facility and hours of
operation.
Size — As proposed, the commercial fueling facility consists of a small office building, a
canopy with 4 gas pumps, a canopy with 5 gas pumps, a trash enclosure, an equipment
enclosure, a generator enclosure, and 2 underground storage tanks. This station is
intended to replace an existing station with 6 pumps on High Street to help facilitate
redevelopment of the site. A condition has been added to the recommended conditions
that would limit this permit to the same number of pumps and hoses being replaced, and
that the station remain a private commercial fueling station, not open to the general public.
Hours of Operation — Initially, staff recommended restricted hours of operation from 6:00
a.m. to 10:00 p.m. on Monday through Saturday, and from 7:00 a.m. to 7:00 p.m. on
Sunday. At the public hearing, the applicant indicated that their franchise agreement with
Pacific Pride requires that the station be opened twenty-four hours. Staff has confirmed
this with the Pacific Pride Corporation. Information provided below in the traffic/circulation
discussion demonstrates relatively low evening and nighttime use. With the condition that
the facility remain a private commercial fueling station, and conditions for landscape
buffers, walls and lighting, the station could operate 24 hours a day without being a
neighborhood nuisance.
\\mor_pri_sery\department share\Community Development\DEV PMTS\C U P\2008\2008-05 Fieldler Group\Agenda Reports\PC
090825.doc
000029
Honorable Planning Commission
August 25, 2009
Page 3
Lighting:
The applicant's original lighting plan did not comply with the Zoning Ordinance standards
for lighting. This issue is usually addressed in the condition compliance review of a project.
Because of the proposed 24-hour operation, staff directed the applicant to revise the
lighting plan to comply with the City's lighting ordinance, with sensitivity to the adjacent
residential neighborhood. The applicant has presented a plan that reduces lighting levels,
incorporates lower height bollards and light poles, and incorporates a lighting system that
uses dual level controls on the canopy lights, such that, when a vehicle is not present, low
level lighting is on, and when a vehicle drives up, the lighting level brightens for save
fueling operation. This dual-level lighting has been added as a recommended condition of
approval.
Traffic/Circulation:
The applicant has estimated their current average daily traffic to be approximately 75
vehicles per day. This number is lower than a long-term average, due to the current
economic slowdown. Under more favorable economic conditions, the applicant expects
average daily traffic of 225 vehicles per day. The table below, provided by the applicant,
shows the breakdown of vehicle types using the existing fueling station, and the time of day
that they are using it.
Time Frame Quantity&Vehicle Total Vehicles Pctg Total Ideal Traffic Vehicles per
Class Day hour
(vehicles)
12am —6 am 10 trucks (class A) 10 13% 30 5
6am— 12pm 15 trucks (class A 25 33% 75 12.5
and B)
10 class C
cars/pickups
12pm —6pm 15 trucks (class A 30 40% 90 15
and B)
15 class C
cars/pickups
6pm — 12am 5 trucks (Class A) 10 13% 30 3
5 class C
cars/pickups
75/day 225/day
On November 1 , 2006, the City Council adopted Resolution No. 2006-2534, establishing
and revising truck routes throughout the City. Princeton Avenue is not a designated truck
route, and therefore trucks are currently prohibited on Princeton Avenue, except for
deliveries. The City has consistently interpreted "fueling" as falling within the definition of
deliveries.
\\mor_pri_sery\department share\Community Development\DEV PMTS\C U P\2008\2008-05 Fieldler Group\Agenda Reports\PC
090825.doc
000030
Honorable Planning Commission
August 25, 2009
Page 4
In order to mitigate traffic and circulation impacts, staff has added a condition of approval
restricting vehicles to enter the site from the westernmost driveway, and to exit the site
from the easternmost driveway. This will reduce circulation conflicts in the area.
Additionally, street improvements will be constructed as part of the project to include
improvements to the southwest and southeast corners of Nogales Avenue and Princeton
Avenue.
STAFF RECOMMENDATION
1 . Continue accepting public testimony and close the public hearing.
2. Adopt Resolution No. PC-2009- recommending to the City Council conditional
approval of Conditional Use Permit 2008-05 and Industrial Planned Development
2008-01.
ATTACHMENTS:
1. June 23, 2009 Planning Commission Agenda Report
2. Draft PC Resolution with Conditions of Approval
\\mor_pri_sery\department share\Community Development\DEV PMTS\C U P\2008\2008-05 Fieldler Group\Agenda Reports\PC
090825.doc
000031
ITEM: 8.D.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: David A. Bobardt, Planning Director �!
Prepared by Joseph Fiss, Principal I nner
DATE: June 15, 2009 (PC Meeting of 6/23/09)
SUBJECT: Consider Conditional Use Permit No. 2008-05 and Industrial Planned
Development No. 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
BACKGROUND
On August 8, 2008, Todd Manner (Fiedler Group) for the Moorpark Redevelopment
Agency submitted an application for Conditional Use Permit No. 2008-05 and Industrial
Planned Development No. 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,just east of the SR-118 freeway overpass. The Planning Director has determined
that the mass of the canopies proposed at 2,410 square feet along with the proposed
building exceed the 2,500 square foot limitation and require a planned development permit
instead of an Administrative Permit. This fueling station would replace the existing Pacific
Pride fueling station on High Street to allow for future redevelopment of the site.
DISCUSSION
Project Setting
Existing Site Conditions:
The entire site is 98,224 square feet in area. Approximately 34,800 square feet of the site
is within the Arroyo Simi floodway, and is not buildable. The Arroyo Simi floodway is
managed by the Ventura County Watershed Protection District, however, no easement
currently exists on the site for flood control purposes. Site design issues related to flood
control are discussed in the analysis section below.
The irregular shaped site is otherwise relatively flat and is slightly below the grade of
Princeton Avenue.
PC ATTACHMENT 1 000032
Honorable Planning Commission
June 23, 2009
Page 2
Previous Applications:
No applications have been filed for this site.
GENERAL PLAN/ZONING
Direction General Plan Zoning Land Use
Site
1-2 M-2
Medium Industrial Unimproved
(Medium _......._Industrial) Industrial)
North RH RE-1 Ac
(Rural High Residential) (Rural Exclusive Unimproved
.... .................... ..
. __._....... .. .
South Floodway M-2 Unimproved
(Limited Industrial) p
M
East R-1 6 Single Family
(Medium Density Residential) (Single Family Residential) Dwelling
Freeway Bridge
West Freeway Right-of-Way Freeway Connection
I Right-of-Way (Unimproved
__- under Bridge)
General Plan and Zoning Consistency:
A commercial fueling facility is consistent with the 1-2 (Medium Industrial) General Plan
land use designation and is a conditionally permitted use in the M-2 (Limited Industrial)
zoning designation of the site.
Project Summary
The proposed commercial fueling facility consists of a small office building, one canopy
with four (4) gas pumps, one canopy with five (5) gas pumps, a trash enclosure, an
equipment enclosure, a generator enclosure, and two (2) underground storage tanks.
Proposed Project
Architecture/Building Design:
The proposed building and canopies are of a contemporary style, and are proposed to be
constructed of conventional on-site construction. The main building is proposed to be
finished with exterior stucco and includes a clay tile roof. The canopies and accessory
structures will also be roofed with clay tile. The structures are designed to be
architecturally compatible with the adjacent residential uses to the east. The proposed
colors are generally neutral earth tones.
The roof height for the proposed office building is thirteen (13) feet, six (6) inches. This
height is consistent with the height and scale of nearby homes. The proposed canopies
are 19 feet in height. This height allows for the clearance of large trucks under the
canopies. The height of these structures is below the maximum allowable height of forty
(40) feet allowed in the M-2 Zone.
\\mor_pri_serv\department share\Community Development\DEV PMTS\C U P\2008\2008-05 Fieldler Group\PC Agenda Reoori rinr
000033
Honorable Planning Commission
June 23, 2009
Page 3
Setbacks:
The building and canopies comply with the required front setback of thirty (30)feet. Interior
setbacks for commercial buildings adjacent to residential properties are set by the
Industrial Planned Development permit. In this case,the applicant is proposing a seven (7)
foot setback from the small office building. This proposed setback is appropriate due to
the mass of the building, and additionally, the building will provide a buffer between the
residence and the gas pumps/canopies.
Circulation:
Access to and from the site is provided from Princeton Avenue, with one entrance-only
driveway and one exit-only driveway. On site circulation has been designed to
accommodate the turning radius of large commercial vehicles.
Parking:
Proposed Use Spaces Spaces
Buildin• S.. Ft. Re•uired Provided
1 Office Building (400 s.f.) 1 1
2 Canopy (one pump island) 1 1
3 Canopy (three pump islands) 3 3
Total 5 5
As depicted on the above table, the available parking provided meets ordinance
requirements of one space per pump island plus 1 space per 300 sq. ft. of office. If
necessary, there is sufficient area to accommodate additional parking spaces without
redesigning the site. Prior to issuance of a building permit, Building and Safety will review
the construction drawings for compliance with Americans with Disabilities Act (ADA)
requirements for parking and access.
Landscaping:
This project proposes on-site parkway landscaping along Princeton Avenue and internal
parking lot and boundary landscaping. The applicant has shown conceptual plant types in
appropriate areas. Plants that are on the City's invasive plant list will not be approved for
this site, given its proximity to the Arroyo Simi. There are several areas on site that are
proposed to be paved, but serve no functional purpose to the service station. These areas,
generally in the southwest and southeast corners of the site should instead be landscaped
with low-maintenance plantings and trees. This would provide for additional pervious area
on the site, improving drainage and reducing site discharge. This is further discussed in
the analysis section below.
1\mor_pri_sery\department share\Community Development\DEV PMTS\C U P12008\2008-05 FieIdler Group\PC Agenda Red
000034
Honorable Planning Commission
June 23, 2009
Page 4
A Mature Tree Report has been prepared for the project. The overall site contains eight (8)
trees, two (2) of which are within the development area, and one (1) of which is not large
enough to be designated as a mature tree. The two trees within the development area
include a Eucalyptus tree and a California Pepper tree. The valuation of these trees is
$7,720.00. The Municipal Code requires that, where trees are proposed for removal that
are associated with a proposal for urban development, an appraisal of the value of said
trees is to be prepared and the resulting value shall be applied to upgrading the size of tree
plantings associated with the project.
A condition of approval has been added to this effect.
Site Improvements and National Pollution Discharge Elimination Standards Requirements
(NPDES):
The City Engineer has conditioned the project to provide for all necessary on-site and off-
site storm drain improvements including the imposition of National Pollution Discharge
Elimination System (NPDES) requirements. "Passive" Best Management Practices
Drainage Facilities are required to be provided so that surface flows are intercepted and
treated on the surface over biofilters (grassy swales), infiltration areas and other similar
solutions.
The applicant has proposed an underground retention basin. The City has typically
discouraged this type of system on new development projects due to long-term
maintenance concerns. This is discussed further in the analysis section below.
Air Quality:
According to the 2000 Ventura County Air Quality Assessment Guidelines, the proposed
project will produce less than the allowable 25 pound threshold of NOX, providing a
conclusion that there will be an impact on regional air quality. As is required with all
commercial/industrial projects, staff incorporates a standard condition requiring a
contribution to the Moorpark Traffic Systems Management Fund to off-set air pollutants,
consistent with the 2000 Ventura County Air Quality Assessment Guidelines.
ANALYSIS
Issues
Staff analysis of the proposed project has identified the following issue for Planning
Commission consideration in their recommendation to the City Council:
• Floodway, Drainage, and Landscaping
The floodway, drainage, and landscaping issues related to this project are interconnected.
As mentioned above, the southern portion of the site is within the Arroyo Simi floodway. To
ensure continuity of maintenance of this floodway, an irrevocable offer of dedication to the
Ventura County Watershed Protection District (VCWPD) in a form to the satisfaction of the
\\mor_pri_sery\department share\Community Development\DEV PMTS\C U P\2008\2008-05 FieIdler Group\PC Agenda Report f-
000035
Honorable Planning Commission
June 23, 2009
Page 5
City is recommended. The dedication substantially affects the shape and size of the area
available for development. The remaining developable area of the site is not currently
within the 100-year floodplain. Due to the adjacency to the Arroyo Simi, drainage from the
site is of concern. The applicant has proposed an underground retention system topped
with asphaltic paving. This type of solution is typically used in very large paved areas such
as mall parking lots, and in urban infill environments, where there are few options for
passive surface solutions. In this case,there are several areas on site that are proposed to
be paved, but serve no functional purpose to the service station. These areas, generally in
the southwest and southeast corners of the site, can be redesigned to provide passive
water retention for water quality, with landscaping consisting of low-maintenance plantings
and trees. This would provide for additional pervious area on the site, improving drainage
while clarifying and reducing site discharge. Conditions of approval have been added to
the project redesign the drainage and landscaping on site.
Findings
Planned Development Findings:
1 . The site design, including structure location, size, height, setbacks, massing,
scale, architectural style and colors, and landscaping, is consistent with the provisions of
the general plan, any applicable specific plans, zoning ordinance,and any other applicable
regulations in that all applicable standards of these regulations would be met by the
proposed development and the design of the buildings;
2. The site design would not create negative impacts on or impair the utility of
properties, structures or uses in the surrounding area in that the proposed uses are
compatible with surrounding land uses and the circulation system provides for logical
connections with Princeton Avenue; and
3. The proposed use is compatible with existing and permitted uses in the
surrounding area in that the zoning anticipates this type of development and it is consistent
with criteria specified in applicable City Codes.
Conditional Use Permit Findings:
1 . The proposed use is consistent with the provisions of the general plan,
zoning ordinance, and any other applicable regulations in that it furthers Goal 10 of the
Land Use Element of the General Plan as follows: "Goal 10: Provide for a variety of
industrial uses which are located and designed in a compatible manner with surrounding
land uses";
• 2. The proposed use is compatible with both existing and permitted land uses in
the surrounding area in that the property is properly zoned and the buildings have been
designed to minimize any new impacts on the surrounding area ;
\\mor_pri_sery\department share\Community Development\DEV PMTS\C U P\2008\2008-05 Fieldler Group\PC Agenda Repr 1
000036
Honorable Planning Commission
June 23, 2009
Page 6
3. The proposed use is compatible with the scale, visual character, and design
of surrounding properties in that the colors, material and massing of the buildings have
been designed to be compatible with the surrounding residential character;
4. The proposed use would not be obnoxious or harmful, or impair the utility of
neighboring property or uses in that the canopies and building have been sited to mitigate
impacts on the residential uses to the east; and
5. The proposed use would not be detrimental to the public health, safety,
convenience, or welfare in that the canopies and building have been sited to mitigate
impacts on the residential uses to the east, the Arroyo Simi, and Princeton Avenue.
PROCESSING TIME LIMITS
Time limits have been established for the processing of development projects under the
Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the
Subdivision Map Act (Government Code Title 7, Division 2), and the California
Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13,
and California Code of Regulations, Title 14, Chapter 3). Under the applicable provisions
of these regulations, the following timelines have been established for action on this
project:
Date Application Determined Complete: May 29, 2009
Planning Commission Action Deadline: June 29, 2009
City Council Action Deadline: August 28, 2009
Upon agreement by the City and Applicant, one 90-day extension can be granted to the
date action must be taken on the application.
ENVIRONMENTAL DETERMINATION
In accordance with the City's environmental review procedures adopted by resolution,the
Planning Director determines the level of review necessary for a project to comply with the
California Environmental Quality Act (CEQA). Some projects may be exempt from review
based upon a specific category listed in CEQA. Other projects may be exempt under a
general rule that environmental review is not necessary where it can be determined that
there would be no possibility of significant effect upon the environment. A project which
does not qualify for an exemption requires the preparation of an Initial Study to assess the
level of potential environmental impacts.
\\mor_pn_sery\department share\Community Development\DEV PMTS\C U P\2008\2008-05 Fieldler Group\PC Agenda Report.doc
000037
Honorable Planning Commission
June 23, 2009
Page 7
Based upon the results of an Initial Study,the Director may determine that a project will not
have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt
a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects,
a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient
environmental documentation. If the Director determines that a project has the potential for
significant adverse impacts and adequate mitigation can not be readily identified, an
Environmental Impact Report (EIR) is prepared.
The Director has reviewed this project and found it to be Categorically Exempt in
accordance with Section 15332 (Class 32 — Infill Development) of the California Code of
Regulations (CEQA Guidelines). No further environmental documentation is required.
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the public hearing.
2. Adopt Resolution No. PC-2009- recommending to the City Council conditional
approval of Conditional Use Permit 2008-05 and Industrial Planned Development
2008-01 .
ATTACHMENTS:
1. Location Map
2. Aerial Photograph
3. Project Exhibits: Under Separate Cover
4. Draft PC Resolution with Conditions of Approval
•
\\mor_pri_sery\department share\Community Development\DEV PMTS\C U P\2008\2008-05 Heider Group\PC Agenda
000038
• 1
r '` 1`\
ti 4+�
`I � •
I � \ "--.`
ii'..C. �
k
_ Princeton Ave _.___..
I „,r.. I I ; t
j I I----I; I � !
i ., i
I /i ti �* ' —I I_ ——
rt ....r:ra_ Z
1 11 I
I ( ----—i` 4
■
t. 1
l r - '
"y
qte IL*Ca9f'11!iIIROOi. �RMVke.T CI Ulm -
LOCATION MAP
000039
:
SITE
Cuocxtijk, .
Y ;v
V 1
4
.. v
i
Sl.K6•1T1 k�:..:
AERIAL PHOTOGRAPH
000040
Project Exhibits
C1 .0 Preliminary Site Plan
C2. 1 Preliminary Tanker Path
C2.2 Conceptual Site Lighting
C2.3 Conceptual Roof Plan
C4.0 Conceptual Boundary Wall Plan
A1 .0 Office Building
A2.0 Generator Building
A3.0 Canopy Elevations
L0.0 Landscape Title Sheet
L1 . 1 Conceptual Landscape Plan
(UNDER SEPARATE COVER)
•
000041
RESOLUTION NO. PC-2008-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE
CITY COUNCIL APPROVAL OF CONDITIONAL USE PERMIT NO.
2008-05 AND INDUSTRIAL PLANNED DEVELOPMENT NO.
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, JUST EAST OF THE SR-118 FREEWAY OVERPASS
ON THE APPLICATION OF TODD MANNER (FIEDLER GROUP)
FOR THE MOORPARK REDEVELOPMENT AGENCY
WHEREAS, at a duly noticed public hearing on June 23, 2009 and August 25,
2009, the Planning Commission considered Conditional Use Permit No. 2008-05 and
Industrial Planned Development No. 2008-01 on the application of Todd Manner
(Fiedler Group) for the Moorpark Redevelopment Agency to construct a new
commercial fueling facility consisting of one (1) building and two (2) canopies on the
south side of Princeton Avenue, just east of the SR-118 overpass; and
WHEREAS, at its meeting of June 23, 2009, the Planning Commission
considered the agenda report and any supplements thereto and written public
comments; opened the public hearing and took and considered public testimony both
for and against the proposal, and continued the public hearing to August 25, 2009,
WHEREAS, at its meeting of August 25, 2009, the Planning Commission took
and considered additional public testimony both for and against the proposal, closed the
public hearing, and reached a decision on this matter.
WHEREAS, the Planning Commission concurs with the Planning Director's
determination that this project is Categorically Exempt from the provisions of CEQA
pursuant to Section 15332 as a Class 32 exemption for Infill Development.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. PLANNED DEVELOPMENT FINDINGS: Based upon the
information set forth in the staff report(s), accompanying studies, and oral and written
public testimony, the Planning Commission makes the following findings in accordance
with City of Moorpark, Municipal Code Section 17.44.040:
A. The site design, including structure location, size, height, setbacks, massing,
scale, architectural style and colors, and landscaping, is consistent with the
provisions of the general plan, any applicable specific plans, zoning ordinance,
and any other applicable regulations in that all applicable standards of these
regulations would be met by the proposed development and the design of the
buildings;
PC ATTACHMENT 2
00004 2
Resolution No. PC-2009-
Page 2
B. The site design would not create negative impacts on or impair the utility of
properties, structures or uses in the surrounding area in that the proposed uses
are compatible with surrounding land uses and the circulation system provides
for logical connections with Princeton Avenue; and
C. The proposed use is compatible with existing and permitted uses in the
surrounding area in that the zoning anticipates this type of development and it is
consistent with criteria specified in applicable City Codes.
SECTION 2. CONDITIONAL USE PERMIT FINDINGS: Based upon the
information set forth in the staff reports, accompanying studies, and oral and written
public testimony, the Planning Commission makes the following findings in accordance
with City of Moorpark, Municipal Code Section 17.44.040:
A. The proposed use is consistent with the provisions of the general plan, zoning
ordinance, and any other applicable regulations in that it furthers Goal 10 of the
Land Use Element of the General Plan as follows: "Goal 10: Provide for a variety
of industrial uses which are located and designed in a compatible manner with
surrounding land uses";
B. The proposed use is compatible with both existing and permitted land uses in the
surrounding area in that the property is properly zoned and the buildings have
been designed to minimize any new impacts on the surrounding area ;
C. The proposed use is compatible with the scale, visual character, and design of
surrounding properties in that the colors, material and massing of the buildings
have been designed to be compatible with the surrounding residential character;
D. The proposed use would not be obnoxious or harmful, or impair the utility of
neighboring property or uses in that the canopies and building have been sited to
mitigate impacts on the residential uses to the east; and
E. The proposed use would not be detrimental to the public health, safety,
convenience, or welfare in that the canopies and building have been sited to
mitigate impacts on the residential uses to the east, the Arroyo Simi, and
Princeton Avenue.
SECTION 3. PLANNING COMMISSION RECOMMENDATION:
A. The Planning Commission recommends to the City Council approval of
Conditional Use Permit 2008-05 And Industrial Planned Development 2008-01
subject to the standard and special Conditions of Approval included in Exhibit A
(Standard and Special Conditions of Approval), attached hereto and incorporated
herein by reference.
\\mor_pri_sery\department share\Community Development\DEV PMTS\C U P\2008\2008-05 Fieldler
Group\Resolutions\PC Reso 090623.doc
— 000043
Resolution No. PC-2009-
Page 3
SECTION 4. FILING OF RESOLUTION: The Planning Director shall cause a
certified resolution to be filed in the book of original resolutions.
The action of the foregoing direction was approved by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
PASSED, AND ADOPTED this 25th day of August, 2009.
Bruce Hamous, Chair
David A. Bobardt, Planning Director
Exhibit A— Standard and Special Conditions of Approval
\\mor_pri_sery\department share\Community Development\DEV PMTS\C U P\2008\2008-05 Fieldler
Group\Resolutions\PC_Reso_090623.doc
000044
Resolution No. PC-2009-
Page 4
EXHIBIT A
STANDARD AND SPECIAL CONDITIONS OF APPROVAL
FOR CONDITIONAL USE PERMIT 2008-05 AND
INDUSTRIAL PLANNED DEVELOPMENT 2008-01
STANDARD CONDITIONS
The applicant shall comply with Standard Conditions of Approval for Planned
Development Permits and Conditional Use Permits as adopted by City Council
Resolution No. 2009-2799 (Exhibit A and B), except as modified by the following
Special Conditions of Approval. In the event of conflict between a Standard and Special
Condition of Approval, the Special Condition shall apply.
SPECIAL CONDITIONS
1. The permittee's acceptance of this permit and/or commencement of construction
and/or operations under this permit are deemed to be acceptance of all
conditions of this permit.
2. The development must be in substantial conformance with the plans presented in
conjunction with the application for Conditional Use Permit 2008-05 And
Industrial Planned Development 2008-01, except any modifications as may be
required to meet specific Building Code and Zoning Code standards or other
conditions stipulated herein.
3. The applicant must provide color and material samples prior to issuance of a
Zoning Clearance. Final colors and materials shall be subject to approval of the
Planning Director.
4. Prior to occupancy, the applicant shall irrevocably offer to dedicate the street
frontage on Princeton Avenue in accordance with the City's ultimate right-of-way
improvements for that location to the satisfaction of the Planning Director, Public
Works Director/City Engineer, and City Attorney, and be reviewed and accepted
by the City Council.
5. Prior to issuance of a Zoning Clearance for construction, the applicant must
provide additional landscaping and drainage areas in the southeast and
southwest corners of the site to the satisfaction of the Planning Director and
Public Works Director.
6. As part of the landscape and irrigation plan, the applicant must upgrade the size
of tree plantings associated with the project by a valuation equal to or greater
than $7,720.00. Such upgrading may be in a combination of increased tree sizes
and additional tree plantings and is subject to the review and approval of the
Planning Director
\\mor_pri_serv\department share\Community Development\DEV PMTS\C U P\2008\2008-05 Fieldler
Group\Resolutions\PC_Reso_090623.doc 0000' t.
Resolution No. PC-2009-
Page 5
7. Prior to issuance of a Zoning Clearance for construction, the applicant must
irrevocably offer the southern portion of the site within the Arroyo Simi floodway
to the Ventura County Watershed Protection District (VCWPD) for flood control
purposes in a form to the satisfaction of the Public Works Director/City Engineer
and City Attorney.
8. On-site water detention area(s) may not be so deep, or the sides so steep, as to
require fencing, as determined by the Planning Director and City Engineer, prior
to issuance of a grading permit. Underground stormwater detention is not
permitted.
9. All signage must conform to the City's sign requirements and an approved sign
program. A monument sign may be constructed consistent with the sign
requirements and a sign program as approved by the Planning Director.
10. During construction, perimeter lighting must be installed at a minimum of 150 foot
intervals and at height not less than fifteen (15) feet from the ground. The light
source used must have a minimum light output of 2,000 lumens, be protected by
a vandal resistant cover, and be lighted during the hours of darkness.
Construction lighting is subject to review and approval of the Planning Director
and Chief of Police.
11 . Prior to the commencement of construction, including grading, fencing not less
than six (6) feet in height, which is designed to preclude human intrusion, must
be installed along the perimeter boundaries of the construction site and shall be
secured with chain and Fire District padlocks for emergency vehicle access.
Alternatively, a uniformed security guard, licensed pursuant to Chapter 11 of the
Business and Professions Code of the State, shall be utilized to continually patrol
the construction site during the hours when construction work has ceased.
12. Any exterior maintenance, cleaning, sweeping, landscape work, and refilling of
fuel tanks may only be performed between 7:00 a.m. and 7:00 p.m. Monday
through Saturday.
13. Final architectural and site plan design and detailing, including parking lot,
landscaping and lighting design is subject to review and approval of the Planning
Director.
14. The lighting plan must include a system that uses dual level controls on the
canopy lights to provide low level lighting when vehicles are not present, to the
satisfaction of the Planning Director.
15. Low-reflective glass must be used on all exterior walls of the building, with
specific glass materials and locations provided to the satisfaction of the Planning
Director.
16. The applicant shall prohibit truck parking or storage overnight in the parking lot
area. Limited truck parking, when in association with a permitted use, is allowed,
but in no case shall there be overnight parking.
\\mor_pri_sery\department share\Community Development\DEV PMTS\C U P\2008\2008-05 Fieldler
Group\Resolutions\PC Reso 090623.doc
OOOO4 *
Resolution No. PC-2009-
Page 6
17. Prior to the issuance of a Zoning Clearance, the applicant shall pay the project's
pro-rata share of the cost of intersection improvements at Spring Road and High
Street/Princeton Avenue and Spring Road and Los Angeles Avenue. The actual
contribution (pro-rata share shall be based upon the additional traffic added to
the intersection). The applicant's traffic engineer shall provide the City Engineer a
"Fair Share Analysis" of the projects added traffic for calculation of the pro-rata
("fair share") amount.
18. In conjunction with the preparation of precise grading and landscape plans, the
sight distance shall be reviewed and approved at project access points per City
standards.
19. The applicant shall install stop signs, stop bars, and stop legends at project
access points. Signage to limit the ingress of trucks to the westerly driveway and
the egress of trucks to the easterly driveway must also be provided.
20. If the use is abandoned in excess of one-hundred and eighty (180) days, the
property owner shall be responsible for the removal of the underground tanks
and removal of the pumps in accordance with local and state requirements.
21. No more than six (6) fuel pumps and no more than eight (8) fuel hoses are
allowed under this permit.
22. The facility must remain a private commercial fueling station and must not be
open to the general public. Other uses on the site, such as a convenience store
and/or vehicle repair are not permitted under this approval.
23. Signage, striping, and improvements, subject to the review and approval of the
Planning Director and Public Works Director/City Engineer, must be provided to
restrict vehicle ingress to the westernmost driveway and vehicle egress to the
easternmost driveway.
24. Prior to final approval of the building permit, all Giant Reed (Arundo Donax) and
any other invasive plant species within the property boundaries existing prior to
any required dedication must be removed to the satisfaction of the Planning
Director. Any necessary permits must be obtained from the Ventura County
Watershed Protection District.
25. Prior to or concurrently with approval of a Zoning Clearance for construction the
applicant shall grant the City public access easements to the Arroyo Simi for
future trail and recreational purposes. The exact location of said easements will
be subject to the approval of the Planning Director and the City Engineer.
Concurrent with the completion of the southerly block fence/wall the applicant
shall install a gate in the southern project boundary fence/wall for access to the
Arroyo by the public in the event that a trail or recreational facility is installed
along the Arroyo. The pate shall be locked until such time as a trail or such
facility is installed and access is granted.
\\mor_pri_serv\department share\Community Development\DEV PMTS\C U P\2008\2008-05 Fieldler
Group\Resolutions\PC Reso 090623.doc
OOOO4'7
ITEM: 10.A.
MINUTES OF THE PLANNING COMMISSION
Moorpark, California June 23, 2009
A Regular Meeting of the Planning Commission of the City of Moorpark was held on
June 23, 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 7:15 p.m.
2. PLEDGE OF ALLEGIANCE:
Vice Chair Landis led the Pledge of Allegiance.
3. ROLL CALL:
Present: Planning Commissioners Di Cecco, Taillon, Vice Chair
Landis, and Chair Hamous.
Absent: Planning Commissioner Bagwell.
Staff Present: David Bobardt, Planning Director; Dave Klotzle, Assistant
City Engineer; 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:
CONSENSUS: It was the consensus of the Commission, to reorder the Agenda
and take Item 9.B. as the first item of business, before the Public Hearing items,
upon the request of the Planning Director.
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS AND REPORTS ON
MEETINGS/CONFERENCES ATTENDED BY THE COMMISSION:
(Future agenda items are tentative and are subject to rescheduling.)
S:\Community Development\PLANNING COMMISSION\MINUTES\2009\09_0623_pcm_draft.doc 000048
Minutes of the Planning Commission
Moorpark, California Page 2 June 23, 2009
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
Mr. Bobardt briefly discussed announcements and future agenda items.
Chair Hamous congratulated Commissioner Di Cecco, for being the recipient of
an award from the HomeAid Foundation for his support with donations and time
for the homeless.
AT THIS POINT in the meeting Item 9.B. was heard.
9. DISCUSSION ITEMS:
B. Consider Draft Seven-Year Capital Improvement Program for the
Department of Public Works for FY 2008/09 — FY 2014/15. Staff
Recommendation: 1) Find the subject draft Seven Year Capital
Improvement Program for the Public Works Department to be in
conformity with the Moorpark General Plan, except as noted above; 2)
Find the planned acquisition of street right-of-way for certain specified
projects described in this report, to be in conformity with the Moorpark
General Plan.
Mr. Klotzle gave the staff report.
MOTION: Commissioner Di Cecco moved and Vice Chair Landis seconded a
motion to approve staff recommendation. The motion carried by voice vote 4-0,
Commissioner Bagwell absent.
AT THIS POINT in the meeting the Commission returned to the agenda as written.
8. PUBLIC HEARINGS: (next Resolution No. PC-2009-545)
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. Staff Recommendation: 1)
Open the public hearing, accept public testimony and continue the public
hearing to August 25, 2009.
0000499
Minutes of the Planning Commission
Moorpark, California Page 3 June 23, 2009
Mr. Fiss presented the staff report and recommended that Planning
Commission open the Public Hearing and continue with Public Hearing
open to the August 25, 2009 regular Planning Commission meeting. The
applicant was unavailable to attend the meeting.
Questions from Commissioners followed regarding re-noticing and if the
sign posted will be relocated and state that the item is continued.
Chair Hamous opened the Public Hearing.
Don Shively, City resident, was opposed to the project and expressed his
concerns about dirt dust, crushing and truck traffic noise.
MOTION: Vice Chair Landis moved and Commissioner Di Cecco seconded a
motion to continue the agenda item with Public Hearing open to the August 25,
2009 regular Planning Commission meeting. The motion carried by voice vote 4-
0, Commissioner Bagwell absent.
B. Consider Zoning Ordinance Amendment No. 2009-01 — Amending in
Moorpark Municipal Code Section 17.32.025: High Street Area
Requirements, to Amend the Parking Percentage Required and Revise
Parking Standards for Eating and Drinking Places. Staff
Recommendation: 1) Open the public hearing, accept public testimony
and close the public hearing; 2) Adopt Resolution PC-2009-545
recommending to the City Council approval of ZOA 2009-01.
Mr. Bobardt presented the staff report.
Questions from the Commissioners followed regarding restaurant parking
requirements, reserved and reciprocal parking.
Chair Hamous opened the Public Hearing.
In response to Chair Hamous, Mr. Bobardt stated there were no speakers
or written cards for this item.
Chair Hamous closed the Public Hearing.
MOTION: Vice Chair Landis moved and Commissioner Di Cecco seconded a
motion to approve staff recommendation, including adoption of Resolution No.
PC-2009-545. The motion carried by voice vote 4-0, Commissioner Bagwell
absent.
The City Council has final approval authority for this project.
000050
Minutes of the Planning Commission
Moorpark, California Page 4 June 23, 2009
C. Consider Residential Planned Development Permit No. 2009-01 to Allow a
Twenty-Unit Apartment Building on Approximately 0.9 Acres at 396 — 436
Charles Street, on the Application of the Area Housing Authority of
Ventura County. Staff Recommendation: 1) Open the public hearing,
accept public testimony and close the public hearing; 2) Adopt Resolution
No. PC-2009-546 recommending to the City Council conditional approval
of Residential Planned Development Permit No. 2009-01 .
Mr. Fiss presented the staff report.
Questions from the Commissions followed; regarding the Density Bonus
Ordinance, if this project has been shown to the Fire Department, on-site
manager residing at the site, setback variance, air quality assessment
guidelines, and water table level.
Chair Hamous opened the Public Hearing.
Steven Geoffrion, applicant, Lauterbach & Associates Architects,
representing the Area Housing Authority of Ventura County, stated he was
available to answer any questions regarding the project.
A discussion followed among Commissioners and the applicant regarding
the chimney element, access to underground parking, ventilation for the
garage, the number of parking spaces assigned to each unit, and parking
on Charles Street.
Douglas Tapking, applicant and Executive Director of the Area Housing
Authority of Ventura County, stated he was available to answer questions.
Dee Dee Williams, City resident, was opposed to the project and
expressed her concerns about the lack of parking on Charles Street and
the additional population density on Charles Street.
John Zwirn, City resident, was opposed to the project and expressed his
concerns regarding the lack of parking on Charles Street, cars exiting the
parking lot, negative impact on the neighborhood, car pollution and air
quality.
In response to Chair Hamous, Mr. Bobardt stated there were five Written
Statement Cards in opposition of the project, which were summarized and
read to the Commission.
000051
Minutes of the Planning Commission
Moorpark, California Page 5 June 23, 2009
At the request of Chair Hamous, Mr. Geoffrion and Mr. Tapking,
applicants, clarified standards and qualifications for applicants. A
discussion followed regarding the grade of the driveway up to Charles
Street, parking spaces, the finish grade to the sidewalk from the garage
parking and how residents are screened. Mr. Geoffrion stated Moorpark
residents would be given the first right to apply and would be screened
first on a tiered-basis. This project would also have an on-site manger
residing on the premises and would inspect the units on an annual basis
or following any concerns from residents.
In response to Chair Hamous, Mr. Bobardt discussed the property being
zoned for multi-family high-density, and if the City is in the process of
providing additional parking for the Downtown Specific Plan area.
Chair Hamous closed the Public Hearing.
Commissioner Di Cecco made some design and site planning suggestions
to the applicant, but made those suggestions optional instead of
recommending them as conditions of approval. Commissioner Di Cecco
suggested relocating the building northerly on the site, to create additional
useable rear yard area, relocating the trash enclosure to the west, and
including an additional shade structure within the front courtyard.
Vice Chair Landis requested it be noted in the record that the applicant
said that they were also concerned about parking.
MOTION: Chair Hamous moved and Commissioner Di Cecco seconded a
motion to approve staff recommendation, including adoption of Resolution No.
PC-2009-546. The motion carried by voice vote 3-0, Vice Chair Landis
dissenting and Commissioner Bagwell absent.
The City Council has final approval authority for this project.
D. 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. Staff Recommendation: 1) Open the public
hearing, accept public testimony and close the public hearing; 2) Adopt
Resolution No. PC-2009- 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.
000052
Minutes of the Planning Commission
Moorpark, California Page 6 June 23, 2009
Questions from the Commissioners followed regarding if the office
building, canopy and columns are split-face block, and if the islands have
an accidental fuel spill shut-off, and discussion regarding the proposed
eight foot high block wall.
Chair Hamous opened the Public Hearing.
Todd Manner, applicant, Fiedler Group, discussed changing the allowable
hours of operation from 6:00 a.m. — 10:00 p.m. to a broadening of 24
hours. One of the terms of J.E. Clark II Corporation has with Pacific Pride
is to remain open 24 hours a day. He also stated he was available to
answer any questions regarding the project.
A discussion followed among Commissioners and the applicant regarding
how many trucks and traffic the facility would generate. Ned Clark,
applicant, Vice President, J.E. Clark II Corporation discussed how the
existing facility operates, lighting at the proposed facility and canopy,
volume and parking of vehicles, reducing the amount of hardscape, the
need to revisit turning radius and adjust the site plan, and the requirement
as a franchise of Pacific Pride to remain open 24 hours.
Discussion among the Commission and staff resulted in requesting that
this item be continued to August 25 and direction for staff to work with the
applicant to modify the lighting and hours of operation. The applicant
stated they would be open to August 25 and willing to waive time limits
under the Permit Streamlining Act.
In response to Chair Hamous, Mr. Bobardt stated correspondence was
received from Mr. Robert Lopez in opposition of the project. Mr. Bobardt
did not summarize the letter, as it was previously distributed to the
Planning Commission.
MOTION: Vice Chair Landis moved and Commissioner Di Cecco seconded a
motion to continue the agenda item with Public Hearing open to the August 25,
2009 regular Planning Commission meeting. The motion carried by voice vote 4-
0, Commissioner Bagwell absent.
The City Council has final approval authority for this project.
9. DISCUSSION ITEMS:
A. Consider Scheduling of a Summer Meeting Recess to Coordinate with
City Council Recess. Staff Recommendation: Direct staff to post a notice
of meeting cancellation for the July 28, 2009 regular meeting.
Mr. Bobardt gave the staff report.
000V-'3
Minutes of the Planning Commission
Moorpark, California Page 7 June 23, 2009
CONSENSUS: It was the consensus of the Commission to approve staff's
recommendation.
10. CONSENT CALENDAR
MOTION: Commissioner Di Cecco moved and Commissioner Tailion seconded a
motion to approve the Consent Calendar. The motion carried by voice vote 4-0,
Commissioner Bagwell absent.
A. Consider Approval of the Regular Meeting Minutes of May 26, 2009. Staff
Recommendation: Approve the minutes.
B. Consider Approval of the Special Joint Meeting of the City
Council/Redevelopment Agency/Planning Commission Meeting of April
29, 2009. Staff Recommendation: Approve the minutes.
11 . ADJOURNMENT:
MOTION: Commissioner Tailion moved and Vice Chair Landis seconded a
motion to adjourn. The motion carried by voice vote 4-0, Commissioner Bagwell
absent. The time was 9:24 p.m.
Bruce A. Hamous, Chair
David A. Bobardt, Planning Director
000054