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Resolution No. 2009-548
PLANNING COMMISSION
REGULAR MEETING AGENDA
SEPTEMBER 22, 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 hem 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 DevelopmenVPlanning office at 517-6233.
Regular Planning Commission Meeting Agenda
September 22, 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
ZOA 2007-01 Wireless Facilities — SB 1627
iv. Development Projects
v. Pardee Homes PA-7
8. PUBLIC HEARINGS: (next Resolution No. PC-2009-548)
A. Consider Conditional Use Permit No. 2008-09, a Request to Install a
Minor Wireless Communications Facility with 12 Panel Antennas on an
Existing 32-Foot Tall Water Tank and 4 Equipment Cabinets in a Partial
Subterranean Mechanical Equipment Enclosure, at a Ventura County
Waterworks District No. 1 Water Tank Site South of Tierra Reiada Road
between Thomasville Court and Sunnyslope Place, on the Application of
Vince Anava for Verizon Wireless. Staff Recommendation: 1) Open the
public hearing, accept public testimony and close the public hearing; 2)
Adopt Resolution PC-2009- , approving Conditional Use Permit 2008-
09, subject to conditions. (Staff: Freddy Carrillo)
B. Consider Conditional Use Permit 2009-02, a Request to Allow a Martial
Arts Studio and Physical Fitness Training Center Within an Existing 3,954
Square Foot Freestanding Building Located at 690 Walnut Street (in the
Downtown Specific Plan Area) on the Application of Dennis Haggard.
Staff Recommendation: 1) Open the public hearing, accept public
testimony and close the public hearing; 2) Adopt Resolution PC-2009-_
denying the application for Conditional Use Permit 2009-02. (Staff:
Freddy Carrillo)
9. DISCUSSION ITEMS:
A. None
10. CONSENT CALENDAR:
A. Consider Approval of the Regular Meeting Minutes of August 25, 2009.
Staff Recommendation: Approve the minutes.
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Regular Planning Commission Meeting Agenda
September 22, 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).
S\Community Development\PLANNING COMMISSIONy1GENDA\2009\09 0922_agn doc
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,
September 22, 2009, at 7:00 p.m. in the Council Chambers of the Moorpark Community
Center, 799 Moorpark Avenue, Moorpark, California, was posted on September 18,
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 September 18, 2009.
CiucL - - {1(.1P11�tilk
Joyce IR. Figueroa, A inistrative Assistant
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NOTICE OF CONTINUANCE OF OPEN PUBLIC HEARING
Duly noticed public hearing regarding:
Consider Conditional Use Permit No. 2009-02, a Request to Allow a
Martial Arts Studio and Physical Fitness Training Center Within an
Existing 3,954 Square Foot Freestanding Building Located at 690 Walnut
Street (in the Downtown Specific Plan Area) on the Application of Dennis
Haggard.
was held at a regular meeting on September 22, 2009, at which time the Planning
Commission continued the open public hearing to a Regular Planning Commission
meeting to be held at 7:00 p.m. on October 27, 2009, in the Community Center located
at 799 Moorpark Avenue, Moorpark, California.
Dated: September 23, 2009.
Oka ', �(�1 ►l o7L
Jo e'R. Figueroa, Administrative Assistant
S:\Community Development\PLANNING COMMISSION\AGENDA\2009\09 0922_nofcofph_13.b.doc
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. 2009-02, a Request to Allow a
Martial Arts Studio and Physical Fitness Training Center Within an
Existing 3,954 Square Foot Freestanding Building Located at 690 Walnut
Street (in the Downtown Specific Plan Area) on the Application of Dennis
Haggard.
continued from September 22, 2009, to October 27, 2009, was posted on September 23,
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.
ibiRs A. dtaj
Jcyc R. Figueroa Administrative Assistant
S:\Community Development\PLANNING COMMISSION\AGENDA\2009\09 0922_nofcofph_a.b.doc
ITEM: 8.k
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: Dave A. Bobardt, Planning Directory /�e���.
Prepared by Freddy A. Carrillo, Assistant Planner I
DATE: September 15, 2009 (PC Meeting of 09/22/09)
SUBJECT: Consider Conditional Use Permit No. 2008-09, a Request to Install a
Minor Wireless Communications Facility with 12 Panel Antennas on
an Existing 32-Foot Tall Water Tank and 4 Equipment Cabinets in a
Partial Subterranean Mechanical Equipment Enclosure, at a Ventura
County Waterworks District No. 1 Water Tank Site South of Tierra
Rejada Road between Thomasville Court and Sunnyslope Place, on
the Application of Vince Maya for Verizon Wireless
BACKGROUND
On September 24, 2008, an application was filed by Vince Amaya, of Verizon Wireless,
for Conditional Use Permit No. 2008-09, to install a new 35-foot tall "mono-pine"
wireless communication facility on the project site. The Planning Commission opened a
public hearing on this case on November 25, 2008 and continued the case with the
public hearing open to January 27, 2009. At that time, adjacent residents voiced
opposition to the facility, based primarily on concerns of aesthetics and the introduction
of radio wave frequencies on the water tank property. The public hearing was closed on
January 27, 2009 without any further public comments and the item was taken off
calendar at the applicant's request to consider re-design and potential alternatives. On
August 28, 2009, the applicant submitted a revised design consisting of 12 panel
antennas mounted at a height of 32 feet on an existing water tank and 4 equipment
cabinets in a partial subterranean mechanical equipment enclosure.
DISCUSSION
Project Setting
0000'
Honorable Planning Commission
September 22, 2009
Page 2
Existing Site Conditions:
The project site is located on top of a hill at a Ventura County Water Works District 1
water tank property. The site includes one large water tank approximately 32 feet in
height. The tank is approximately 275' feet northwest of Thomasville Court and 237' feet
northeast of Sunnyslope Place Single-family homes are located on both sides of the
project site. The water tank is located approximately 140' from the homes on
Sunnyslope Place and 250' from the homes on Thomasville Court. The water tank sits
approximately 50' above the adjacent homes on Sunnyslope Place and 75' above the
adjacent homes on Thomasville Court. No other wireless communication towers exist in
this area.
GENERAL PLAN/ZONING
Direction General Plan Zoning Land Use
Site Open Space 2 Open Space Water Tank
Medium Low Residential Single-Family
North Density Planned Residential
Residential Development
Ventura County Ventura County
South Open Space Open Space Open Space
40-AC
Medium Low Residential Single-Family
East Density Planned Residential
Residential Development
West Open Space 2 I Open Space Open Space
General Plan and Zoning Consistency:
The applicant's proposal for a utility-mounted antenna structure meets the definition of
a "Minor Facility" in the Wireless Communications Facilities chapter of the Zoning
Ordinance and requires a Conditional Use Permit in the Open Space (OS) zone. This
type of facility is required to be compatible with surrounding land uses, must be an
attachment to an existing above-ground structure and must comply with all other
provisions of Section 17.42.70B, 17.42.070.C, and 17.42.070.D of the Municipal Code.
The proposed cellular facility is consistent with the open space designation of the City's
General Plan.
Proposed Project
Antennas:
This proposed wireless communications facility consists of 12 panel antennas mounted
on 3 arrays or groupings. All antennas are proposed to be flush mounted on the water
tank, and 3 GPS antennas are proposed to be mounted on the proposed mechanical
equipment enclosure retaining wall. The proposed panel antennas measure 4 feet in
height, approximately 5 inches in width, and would be located at the top of the water
tank. Pursuant to City Code requirements, a Minor Facility shall not exceed the
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Honorable Planning Commission
September 22, 2009
Page 3
maximum building height for the applicable zoning district unless such facility receives
approval of the Planning Commission, and the applicant demonstrates that exceeding
the height limitation is necessary for operation of the facility. In this case, exceeding the
proposed height limitation is not necessary, since sufficient coverage can be met at the
proposed antenna height which coincides with the height of the existing water tank.
Equipment Enclosure:
Verizon Wireless, also proposes to lease a 12-foot by 32-foot, 8 inch area for a partial-
subterranean equipment enclosure, The enclosure is proposed to be cut into the
existing slope on the south side of the water tank. An 8-foot high concrete block
retaining wall is proposed to create a pad located partially below-grade level, to enclose
4 communication equipment cabinets that are necessary to operate the facility. Three
GPS antennas will be mounted on the retaining wall, and the coaxial cables will be
located underground beneath the equipment cabinets. An existing 6-foot high chain-link
fence and gate would enclose the area where the equipment enclosure and cabinets
are proposed. The equipment would operate on a 24-hour, 7-day a week, remote
sensing basis.
Compatibility with the Surrounding Area:
No materials used in construction of the site would create substantial glare that would
affect either daytime or nighttime views in the area. The proposed use is located in an
area that is not likely to impact any of the adjacent uses. Additionally, staff has added a
Special Condition of Approval that the color of the antennas and conduit sleeve, for the
coaxial cable, shall be painted a non-reflective paint to match the color of the water
tank. Aesthetics are addressed further in the analysis section.
The proposed cellular facility is considered a passive use, which would not produce
noise, not violate any air quality standards, affect biological resources, or cause an
adverse effect on cultural resources. It will require no transport of hazardous materials
to or from the site. Although the proposed use is designed to primarily serve the
existing residents in the area, it would not induce substantial population growth, nor
displace existing housing or have a negative impact on public services. Therefore, the
proposed cellular antenna facility operation will not disturb the surrounding area or be
harmful or detrimental to neighboring properties or uses.
Parking:
The proposed unmanned communication facility generates a minimal amount of traffic
(only that necessary to periodically monitor and maintain the facility). The applicants
submittal information indicates a Cell Site Technician will visit the facility an average of
once a month. The applicant is proposing to use the existing Water Works access road
accessible from Westport Street. A special condition of approval has been added that
the applicant obtain a permanent access agreement or contract from the Ventura
County Water Works to ensure accessibility to the site for maintenance. Such
agreement or contract shall be provided to the City of Moorpark prior to issuance of a
Zoning Clearance for construction.
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Honorable Planning Commission
September 22, 2009
Page 4
ANALYSIS
Issues
Staff analysis of the proposed project has identified the following area for Planning
Commission consideration in their decision:
• Aesthetics
• Security
Aesthetics:
The existing water tank does not currently have any wireless communications facilities
on or around the property. The site is situated in such a way as to offer "line of sight"
visibility to a large portion of the city, making it desirable to cellular service providers.
The proposed antennas have been designed and located so as to blend with the
existing water tank on site, to remain generally obscured from the public view. The
partial subterranean mechanical equipment enclosure is located behind the water tank
and would not be visible from any public view. Originally, the proposed wireless
communications facility consisted of a new 35-foot tall mono-pine antenna structure and
a partially subterranean mechanical equipment enclosure located on the west side of
the water tank. The surrounding residents were very concerned with the aesthetics of
the original design and staff worked with the applicant to revise the design in order to
minimize visual impacts. Staff worked with the applicant to revise the design to
encourage a design to be sensitive to the surrounding homes. The flush mounted
antennas on the water tank achieve as minimal an aesthetic impact as possible while
accommodating a wireless communications facility that meets all development
standards of the wireless communications facilities ordinance.
Staff typically recommends placing mechanical equipment in underground vaults
whenever the equipment would be visible from off-site. In this instance the mechanical
equipment is proposed to be located in an area that will not be visible from off-site.
Furthermore, staff has recommended a special condition of approval that the
mechanical equipment be located within the proposed partial-subterranean enclosure
so it is not be visible from the adjacent properties to the satisfaction of the Planning
Director. Also, special conditions of approval are recommended to provide a shroud for
screening coaxial cables of the antennas, to paint the antennas and conduit sleeve a
non-reflective paint to match the color of the existing water tank, and to require
enhanced landscaping to improve the screening of the existing water tank and proposed
antennas.
Security
Neighboring residents have raised concerns about the existing lack of appropriate
security fencing on the site. A special condition of approval is recommended requiring
the submittal of a security fencing plan for review and approval, to the satisfaction of the
Planning Director, prior to approving a zoning clearance for building permits for the
wireless communications facility.
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Honorable Planning Commission
September 22, 2009
Page 5
Findings
Conditional Use Permit Findings:
A. The proposed use is consistent with the provisions of the General Plan, zoning
ordinance, and any other applicable regulations in that the proposed use, height,
setbacks, and improvements are consistent with City Code requirements.
B. The proposed use is compatible with both existing and permitted land uses in the
surrounding area, in that the antennas will be attached to an existing water tank
and the utility site has been designated by the city as an appropriate location for
the co-location of cellular sites.
C. The proposed use is compatible with the scale, visual character and design of
surrounding properties, in that it is designed so as not to detract from the
physical and visual quality of the area. The color of the antennas and conduit
sleeve is conditioned to be painted to blend in with the existing water tank. In
addition, the proposed equipment area is conditioned to be placed partially
subterranean, behind the water tank.
D. The proposed use would not be obnoxious or harmful, or impair the utility of
neighboring property or uses, in that the proposed use is designed to blend with
the colors of the existing water tank; therefore, the visual impact of the facility is
minimized and would not present any impacts on adjoining uses.
E. The proposed use would not be detrimental to the public health, safety,
convenience, or welfare, in that the project has been conditioned to protect the
public's health and safety.
Wireless Facilities Findings:
A. The proposed facility will not create any significant blockage to public views, as
the cellular facility will be placed on an existing water tank.
B. The proposed facility will be an enhancement to the City due to its ability to
provide additional communication capabilities in the southern part of the City.
C. The proposed facility will be aesthetically integrated into its surrounding land
uses and natural environment since it will be painted a color that will be
compatible with the color of the existing water tank.
D. The proposed facility will comply with FCC regulations regarding interference
with the reception or transmission of other wireless service signals within the City
and surrounding community.
E. The proposed facility will operate in compliance with all other applicable Federal
regulations for such facilities, including safety regulations, in that, Verizon
Wireless operates its wireless network in compliance with its FCC license and
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Honorable Planning Commission
September 22, 2009
Page 6
FCC rules and regulations concerning frequency emissions and/or radio
frequency interference. The transmission densities emanating from the facility will
not exceed current American National Standards Institute (ANSI) recommended
maximum exposure levels for wireless transmission frequencies which do not
have the potential to significantly impact the community. In all cases, Effective
Radiated Power (ERP), and its associated electromagnetic (EM) radiation power
densities are a small fraction of the maximum permissible exposure set by ANSI,
or the more restrictive exposure standard put forth by the National Commission
on Radiation Protection and Measurement (NCRP).
F. The public need for the use of the facility has been documented consistent with
California law, in that, the proposed cell site will provide a substantial increase in
the coverage area (an increase from weak coverage to good coverage in the
target area).
G. The applicant will provide at its own expense a field survey or other method
consistent with Federal law to provide written verification that the facility is in
compliance with applicable Federal regulations regarding electromagnetic
frequency emissions. This radio-frequency (RF) report shall also include signal
strength exhibits, including calculations and measurements under maximum
loading conditions. Such field survey shall be provided to the City upon request,
not to exceed one such request in any 24-month period.
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: September 4, 2009
Planning Commission Action Deadline: December 3, 2009
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. n`,
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Honorable Planning Commission
September 22, 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 15303, (Class 3 - New Construction or Conversion of Small
Structures) of the California Code of Regulations (CEOA 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- , approving Conditional Use Permit No. 2008-
09, subject to conditions.
ATTACHMENTS:
1 . Aerial Photograph
2. Location Map
3. Project Exhibits
A. Title Sheet
B. Topographic Survey
C. Site Plan
D. Enlarged Site Plan, Equipment and Antenna Layout
E. South and West Elevations
F. North and East Elevations
G. Landscaping Plan
H. Irrigation Plan
I. Facilities Owned/Operated by Verizon Wireless with Areas to Be Served
J. Photo Simulations Plan
4. Draft Resolution No. PC-2009- with Conditions of Approval
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PROJECT EXHIBITS
A. Title Sheet
B. Topographic Survey
C. Site Plan
D. Enlarged Site Plan, Equipment and Antenna
Layout
E. South and West Elevations
F. North and East Elevations
G. Landscaping Plan
H. Irrigation Plan
I. Facilities Owned/Operated by Verizon Wireless
with Areas to Be Served
J. Photo Simulations Plan
(UNDER SEPARATE COVER)
COPIES OF THE EXHIBITS ARE AVAILABLE
UPON REQUEST OF THE PROJECT PLANNER
PC ATTACHMENT 3
006010
RESOLUTION NO. PC-2009-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. 2008-09, A REQUEST TO
INSTALL A MINOR WIRELESS COMMUNICATIONS FACILITY
WITH TWELVE PANEL ANTENNAS ON AN EXISTING THIRTY-
TWO FOOT TALL WATER TANK AND FOUR EQUIPMENT
CABINETS IN A PARTIAL SUBTERRANEAN MECHANICAL
EQUIPMENT ENCLOSURE AT A VENTURA COUNTY WATER
WORKS DISTRICT NO. 1 WATER TANK SITE SOUTH OF
TIERRA REJADA ROAD BETWEEN THOMASVILLE COURT AND
SUNNYSLOPE PLACE, ON THE APPLICATION OF VINCE
AMAYA FOR VERIZON WIRELESS
WHEREAS, at duly noticed public hearings on November 25, 2008, January 27,
2009, and September 22, 2009, the Planning Commission considered Conditional Use
Permit (CUP) No. 2008-09 on the application of Vince Amaya for Verizon Wireless,
requesting approval of a minor wireless communications facility with twelve panel
antennas on an existing Waterworks District No. 1 water tank and a partial subterranean
mechanical equipment enclosure located south of Tierra Rejada Road, between
Thomasville Court and Sunnyslope Place; and
WHEREAS, at its meetings of November 25, 2008, January 27, 2009, and
September 22, 2009 the Planning Commission considered the agenda reports and any
supplements thereto and written public comments; opened the public hearing and took
and considered public testimony both for and against the proposal, closed the public
hearing 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 (15303) as a Class 3 exemption for New Construction or
Conversion of Small Structures.
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:
A. The proposed use is consistent with the provisions of the General Plan, zoning
ordinance, and any other applicable regulations in that the proposed use, height,
setbacks, and improvements are consistent with City Code requirements.
PC ATTACHMENT 4
00001. 1
Resolution No. PC-2009-
Page 2
B. The proposed use is compatible with both existing and permitted land uses in the
surrounding area, in that the antennas will be attached to an existing water tank
and the utility site has been designated by the city as an appropriate location for
the co-location of cellular sites.
C. The proposed use is compatible with the scale, visual character and design of
surrounding properties, in that it is designed so as not to detract from the
physical and visual quality of the area. The color of the antennas and conduit
sleeve is conditioned to be painted to blend in with the existing water tank. In
addition, the proposed equipment area is conditioned to be placed partially
subterranean, behind the water tank.
D. The proposed use would not be obnoxious or harmful, or impair the utility of
neighboring property or uses, in that the proposed use is designed to blend with
the colors of the existing water tank; therefore, the visual impact of the facility is
minimized and would not present any impacts on adjoining uses.
E. The proposed use would not be detrimental to the public health, safety,
convenience, or welfare, in that the project has been conditioned to protect the
public's health and safety.
SECTION 2. WIRELESS FACILITIES FINDINGS: Based upon the
information set forth above, it is determined that this application with the attached
special and standard conditions, meets the requirements of the City of Moorpark
Municipal Code Section 17.42.060 in that:
A. The proposed facility will not create any significant blockage to public views, as
the cellular facility will be placed on an existing water tank.
B. The proposed facility will be an enhancement to the City due to its ability to
provide additional communication capabilities in the southern part of the City.
C. The proposed facility will be aesthetically integrated into its surrounding land
uses and natural environment since it will be painted a color that will be
compatible with the color of the existing water tank.
D. The proposed facility will comply with FCC regulations regarding interference
with the reception or transmission of other wireless service signals within the City
and surrounding community.
E. The proposed facility will operate in compliance with all other applicable Federal
regulations for such facilities, including safety regulations, in that, Verizon
Wireless operates its wireless network in compliance with its FCC license and
FCC rules and regulations concerning frequency emissions and/or radio
frequency interference. The transmission densities emanating from the facility will
not exceed current American National Standards Institute (ANSI) recommended
000( :s
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Resolution No. PC-2009-
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maximum exposure levels for wireless transmission frequencies which do not
have the potential to significantly impact the community. In all cases, Effective
Radiated Power (ERP), and its associated electromagnetic (EM) radiation power
densities are a small fraction of the maximum permissible exposure set by ANSI,
or the more restrictive exposure standard put forth by the National Commission
on Radiation Protection and Measurement (NCRP).
F. The public need for the use of the facility has been documented consistent with
California law, in that, the proposed cell site will provide a substantial increase in
the coverage area (an increase from weak coverage to good coverage in the
target area).
G. The applicant will provide at its own expense a field survey or other method
consistent with Federal law to provide written verification that the facility is in
compliance with applicable Federal regulations regarding electromagnetic
frequency emissions. This radio-frequency (RF) report shall also include signal
strength exhibits, including calculations and measurements under maximum
loading conditions. Such field survey shall be provided to the City upon request,
not to exceed one such request in any 24-month period.
SECTION 3. PLANNING COMMISSION APPROVAL: the Planning
Commission herby approves Conditional Use Permit No. 2008-09 subject to the
Standard and Special Conditions of Approval found in Exhibit A attached.
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 22nd Day of September, 2009.
Bruce Hamous, Chair
David A. Bobardt, Planning Director
Exhibit A: Standard and Special Conditions of Approval
OWAii
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Resolution No. PC-2009-
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EXHIBIT A
STANDARD AND SPECIAL CONDITIONS OF APPROVAL
FOR CONDITIONAL USE PERMIT (CUP) No. 2008-09
STANDARD CONDITIONS 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
1 . The applicant shall allow the City to co-locate a radio antenna on the structure
and place associated equipment and electronics within or on the equipment
enclosure, at no cost, so long as this is done for City purposes at the expense of
the City, there is no interference with the operation of the primary equipment, and
that security and access are feasible.
2. Prior to approval of a Zoning Clearance, the antenna shall be designed to ensure
that the visual appearance matches the surrounding uses by including design
and/or landscaping elements, as determined by the Planning Director. The
Director may require additional screening after the installation of the antenna, if it
is deemed necessary.
3. In the event that a future merger, acquisition, or other action renders this antenna
array redundant or unnecessary, the applicant shall remove the facility within
ninety (90) days of a determination of redundancy or non-necessity. Propagation
maps identifying then-current signal coverage and coverage without this facility
shall be provided to the City at the request of the Planning Director. Such
request may occur not more than once in a twelve (12) month period.
4. The applicant shall paint all panel antennas, and any other exposed Verizon
Wireless cellular equipment to match the color of the existing water tank to the
satisfaction of the Planning Director prior to the approval of a zoning clearance
for the final approval of the facility.
5. The mechanical equipment must be shown on the plans to be located within a
partial-subterranean enclosure, south of the existing water tank, so it will not be
visible from the adjacent properties, to the satisfaction of the Planning Director
prior to issuance of a zoning clearance for building permits.
0060_"..
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Resolution No. PC-2009-
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6. A shroud for screening coaxial cables on the water tank which connect the
antennas to the support equipment must be provided, and the applicant shall
paint the shroud conduit sleeve a non-reflective paint to match the color of the
existing water tank to the satisfaction of the Planning Director prior to the
approval of a zoning clearance for the final approval of the facility.
7. The applicant shall submit a security fencing plan for the water tank property, for
review and approval, to the satisfaction of the Planning Director, prior to approval
of a zoning clearance for building permits for the wireless communications
facility.
OPERATIONAL CHARACTERISTICS
8. Prior to the issuance of a Zoning Clearance for construction, the applicant shall
submit all construction plans for review and approval by the Planning Division.
9. The applicant shall obtain a permanent access agreement or contract from the
Ventura County Water Works District to ensure accessibility to the site for
maintenance and the final agreement or contract shall be provided to the City of
Moorpark prior to issuance of a Zoning Clearance for building permits.
10. This facility is approved as an unmanned operation. Following construction of
the facility, traffic generated by this use shall be limited to periodic and
emergency maintenance of the facility.
LANDSCAPING
11. Prior to operation of the use, the applicant shall replace at the applicant's
expense, any vegetation or landscaping removed or damaged as a result of the
installation or operation of this facility. The replacement shall be to the
satisfaction of the Planning Director.
12. Prior to the issuance of a Zoning Clearance for construction, a Landscape Plan
shall be submitted to the Planning Division to enhance the water tank property,
for review and approval by the Planning Director. The applicant shall pay any
cost of landscape plan review at the time of submittal. Landscaping shall be
provided to screen the proposed antennas and any equipment associated with
this communications facility.
13. In the event that the uses under this Conditional Use Permit are determined to be
abandoned, the City of Moorpark may, at its discretion, initiate revocation
procedures for cause per the provisions of Section 17.44.080. For purposes of
this condition, "abandoned" shall mean a cessation of a business or businesses
which would render the use unavailable to the public for a period of 180 or more
consecutive days. Initiation of revocation procedures may result in the
revocation of the permit or modification of the permit, based upon the evidence
presented at the hearing. A surety, in an amount subject to the review and
approval of the Planning Director, shall be provided to the City prior to the
0000•2i
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Resolution No. PC-2009-
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approval of a Zoning Clearance for construction, to guarantee removal of
equipment and structures, if the City determines the facility to be abandoned
and/or a public nuisance.
14. Removal or relocation of any and all of the facilities shall be at the facility owner's
expense, and at no cost to the City. Should the facility be removed or relocated
by the City, the facility owner hereby waives any claims, damage, or loss
(including, but not limited to, consequential damages) resulting from the city's
removal or relocation of the facility.
15. The applicant will provide, at its expense, a field survey or other method
consistent with Federal law to provide written verification that the facility is in
compliance with applicable Federal regulations regarding electromagnetic
frequency emissions. This radio-frequency (RF) report shall also include signal
strength exhibits, including calculations and measurements under maximum
loading conditions. Such field survey shall be provided to the City upon request,
not to exceed one (1) such request in any 24-month period.
-End-
000th a
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ITEM: 8.B.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: David A. Bobardt, Planning Director1?"
Prepared by Joseph R. Vacca, Principal Planner;dnd
Freddy A. Carrillo, Assistant Planner I
DATE: September 16, 2009 (PC Meeting of 09/22/09)
SUBJECT: Consider Conditional Use Permit No. 2009-02, a Request to Allow a
Martial Arts Studio and Physical Fitness Training Center within an
Existing 3,954 Square Foot Freestanding Building at 690 Walnut Street
(in the Downtown Specific Plan Area) on the Application of Dennis
Haggard
BACKGROUND
On July 22, 2009, an application was filed for Conditional Use Permit (CUP) No. 2009-02,
to allow a martial arts studio and physical fitness training center within an existing 3,954
square-foot freestanding building, located at 690 Walnut Street, in the Downtown Specific
Plan area.
DISCUSSION
Project Setting
Existing Site Conditions:
The 3,954 square-foot building on the southeast corner of Walnut Street and Charles
Street was remodeled in 2008. The remodel involved the conversion of a warehouse into
space that could be used for retail or office uses with appropriate tenant improvements,
based on parking provided that did not exist before the building was remodeled. The site
now has two off-street parking spaces.
Previous Applications:
Administrative Permit (AP) No. 2007-07 was approved on October 11 , 2007, to permit
improvements to the site, façades, and parking areas of 686 and 690 Walnut Street. Prior
to that time, the subject building was used as a vehicle storage building, and 686 Walnut
Street was used by a dog-grooming business. Both buildings are currently vacant;
however, CUP No. 2008-07 for wine and cigar sales at 686 Walnut Street was approved by
the Planning Commission on November 25, 2008.
Honorable Planning Commission
September 22, 2009
Page 2
GENERAL PLAN /ZONING
Direction General Plan Zoning Land Use
Site Old Town Commercial C-OT: Old Town Retail
(Downtown Specific Plan) Commercial
North Medium Density Residential R-1 Single Family Church / Single
(Downtown Specific Plan) Residential Family Dwellings
South Old Town Commercial C-OT: Old Town Retail
(Downtown Specific Plan) Commercial
East Medium Density Residential R-1 Single Family Single Family
(Downtown Specific Plan) Residential Dwellings
West Medium Density Residential R-1 Single Family Single Family
(Downtown Specific Plan) Residential Dwellings
General Plan and Zoning Consistency:
The project site is within the Downtown Specific Plan area. The Old Town Commercial
land use designation in the Downtown Specific Plan is intended to focus and encourage
preferred commercial uses in the downtown area.
The Zoning Ordinance requires Planning Commission approval of a Conditional Use Permit
to allow a martial arts studio and a physical fitness training center in the C-OT (Old Town
Commercial) Zone.
Parking:
The property currently has two on-site parking spaces, one of which is handicap
accessible. Because there is a wide range of parking needs from different types of
gymnasiums, fitness centers, health spas, martial arts and dance studios, racquetball and
yoga facilities, parking requirements for these uses are determined through the permit
process. Parking is addressed further in the analysis section.
ANALYSIS
The lack of on-site parking is the primary concern in the analysis of this application. The
applicant has proposed use of public parking spaces on Walnut Street and Charles Street
in the immediate vicinity for patrons of the martial arts studio and fitness center. The
number of spaces needed could be determined through the proposed programming of the
building, through the building occupancy load, or by observing what is sufficient for similar
uses that are already established.
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Honorable Planning Commission
September 22, 2009
Page 3
Programming of the Facility—The applicant has provided the following information on the
proposed programming of the facility:
• Monday through Friday: There will be two employees, instructing classes which are
expected to have ten to fifteen students per class. The anticipated primary class hours
are from 3:00PM to 5:00PM for youth classes and 5:00PM to 9:00PM for adult classes,
typically class groups meet three times a week. The applicant also indicates that if
there is enough demand morning and noon classes will be added.
• Saturday:A limited operating schedule from 8:00AM to 12:O0noon,with the same class
sizes is anticipated.
• Sunday: Closed.
:• Weekly: The physical fitness training center will be open during daytime hours for
private sessions and/or individual training.
Based on the applicant's business plan, 15 to 22 parking spaces should be sufficient to
accommodate a class of students and persons involved in independent training.
Occupancy Load—The Building Official has indicated that the maximum occupancy load
for a 3,954 square-foot building for this type of use is 79 persons. Assuming two persons
arriving per vehicle, the full use of the studio could require approximately 40 parking
spaces to meet the parking need.
Similar Uses—There are five martial arts studios and five physical fitness training centers
that have been recently permitted in Moorpark, as follows:
Martial Arts Studios
• American Hapkido, an 8,000 square-foot martial arts studio, is located in an
industrial park at 5260 Kazuko Court, Unit A. According to the owner, the studio
opened in 2004. Business Registration is current.
• Woodward's Todai Dojo — Family Defense Systems, Inc., a 1,760 square-foot
martial arts studio, located at 14721 Princeton Avenue,within the Varsity Park Plaza
shopping center, opened in July 17, 2000. Business Registration is current.
• Black Belt USA, a 1,382 square-foot martial arts studio, located at 4219 Tierra
Rejada Road, within Mountain Meadows Plaza shopping center, opened on March
15, 2000. Business Registration is current.
▪ Jason Flame's Tang Soo Do University, a 3,509 square-foot martial arts studio,
located in an industrial park at 5285 Kazuko Court, Suites A & F, was approved on
July 17, 2006, under Administrative Permit No. 2006-05. Business Registration is
current.
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Honorable Planning Commission
September 22, 2009
Page 4
Krav Maga, a 3,225 square-foot martial arts studio, located at 530 Los Angeles
Avenue, Suites 102 & 103, within the Moorpark Plaza shopping center, was
approved on December 3, 2007, under Administrative Permit No. 2007-12. It is
currently out of business at this location.
Physical Fitness Training Centers
Moorpark Athletic Club, a 26,000 square-foot physical fitness center and
competitive outdoor swimming pool, is located at 543 Los Angeles Avenue, within
the Mission Bell Plaza shopping center. It was approved on November 6, 2002,
under Modification No. 3 to Commercial Planned Development Permit No. 1989-01,
and it opened on January, 2, 2003. Business Registration is current.
Sports Performance Institute, a 5,214 square- foot physical training center, is
located in an industrial park at 5240 Bonsai Court. It was approved on May 3, 2007
under Administrative Permit No. 2007-03. Its Business Registration expired May 8,
2009, and has not been renewed.
• Yoga Studio, a 975 square-foot Yoga and Pilates studio with associated retail sales,
is located at 6591 Collins Drive, Suite E 15, within the Campus Plaza shopping
center. It was approved on April 9, 2008, under Administrative Permit No. 2008-02.
Business Registration is current.
• Curves, an 800 square-foot women's physical training center, is located at 229 Los
Angeles Avenue in the Moorpark Town Center shopping center. It was approved on
July 3, 2008, under Administrative Permit No. 2008-05. Business Registration is
current.
• Moorpark Fitness, a 7,306 square-foot physical fitness center, is located at 4209
Tierra Rejada Road, within Mountain Meadows Plaza shopping center. It was
approved on August 31, 2005, under Conditional Use Permit No. 2005-01, and it
opened on November 6, 2008. Business Registration is current.
As noted above, all of the martial arts studios and physical fitness training centers above
are located in relatively new shopping centers or industrial business centers, where
sufficient on-site parking exists and where off-site parking or spillover parking onto
residential neighborhood streets will not occur. Industrial parks, while generally having less
parking per square foot than shopping centers, allow for shared parking, as the peak
demand for parking from the studios and fitness centers is in the late afternoon and
evening when many businesses are already closed.
Although street parking is available in the immediate vicinity, there is not enough to serve
the use as proposed. Patrons of the studio and fitness center would likely park along
Charles Street, negatively impacting the residential neighborhood that also relies on street
parking.
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Honorable Planning Commission
September 22, 2009
Page 5
Findings
A. The proposed use is inconsistent with the provisions of the General Plan,
including Goal 8 of the Land Use Element that calls for commercial development
to be compatible with surrounding land uses, which could not be achieved with
insufficient parking.
B. The proposed use is inconsistent with the Zoning Ordinance in that parking is
not available to meet parking demand.
C. The proposed use would impair the utility of surrounding uses due to the lack of
available on-site parking, causing patrons to park in the adjacent residential
neighborhood, which also relies on street parking.
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: August 28, 2009
Planning Commission Action Deadline: November 27, 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.
STAFF RECOMMENDATION
1 . Open the public hearing, accept public testimony and close the public hearing.
2. Adopt Resolution No. PC-2009- denying the application for Conditional Use
Permit No. 2009-02.
ATTACHMENTS:
1 . Location Map
2. Aerial Photograph
3. Floor Plan
4. Conceptual Parking Plan (provided by the applicant)
5. Draft PC Resolution
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RESOLUTION NO. PC-2009-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, DENYING CONDITIONAL
USE PERMIT (CUP) NO. 2009-02, A REQUEST TO A REQUEST
TO ALLOW A MARTIAL ARTS STUDIO AND PHYSICAL FITNESS
TRAINING CENTER WITHIN AN EXISTING 3,954 SQUARE-
FOOT FREESTANDING BUILDING ON A 7,500 SQUARE FOOT
LOT, LOCATED 690 WALNUT STREET, ON THE APPLICATION
OF DENNIS HAGGARD
WHEREAS, at a duly noticed public hearing on September 22, 2009, the
Planning Commission considered Conditional Use Permit (CUP) No. 2009-02, for a
request to allow a Martial Arts Studio and Physical Fitness Training Center within an
existing 3,954 square-foot freestanding building, located at 690 Walnut Street ; and
WHEREAS, at its meeting of September 22, 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
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:
A. The proposed use is inconsistent with the provisions of the General Plan,
including Goal 8 of the Land Use Element that calls for commercial development
to be compatible with surrounding land uses, which could not be achieved with
insufficient parking.
B. The proposed use is inconsistent with the Zoning Ordinance in that parking is not
available to meet parking demand.
C. The proposed use would impair the utility of surrounding uses due to the lack of
available on-site parking, causing patrons to park in the adjacent residential
neighborhood, which also relies on street parking.
SECTION 2. PLANNING COMMISSION DECISION:
A. The Planning Commission denies Conditional Use Permit No. 2009-02.
PC ATTACHMENT 5
0000:J:.
Resolution No. PC-2009-_
Page 2
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 22nd day of September, 2009.
Bruce Hamous, Chair
David A. Bobardt, Planning Director
S:\Community Development\DEV PMTS\C U P\2009\200902 Dennis Haggard\Resolutions\PC_Reso_Denial 090922.dac
ITEM: 10.A.
MINUTES OF THE PLANNING COMMISSION
Moorpark, California August 25, 2009
A Regular Meeting of the Planning Commission of the City of Moorpark was held on
August 25, 2009, in the Council Chambers of said City located at 799 Moorpark
Avenue; Moorpark, California.
1 . CALL TO ORDER:
Chair Hamous called the meeting to order at 7:05 p.m.
2. PLEDGE OF ALLEGIANCE:
Commissioner Bagwell led the Pledge of Allegiance.
3. ROLL CALL:
Present: Planning Commissioners Bagwell, Taillon, Vice Chair
Landis, and Chair Hamous.
Absent: Planning Commissioner Di Cecco
Staff Present: David Bobardt, Planning Director; Joseph Fiss, Principal
Planner; and Joyce Figueroa, Administrative Assistant.
4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS:
None.
5. PUBLIC COMMENT:
None.
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
None.
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS AND REPORTS ON
MEETINGS/CONFERENCES ATTENDED BY THE COMMISSION:
(Future agenda items are tentative and are subject to rescheduling.)
A. Future Agenda Items:
i. Rescinding Toll Mawr DA, GPA, ZC
ii. Housing Element Update
iii. ZOA 2007-01 Wireless Facilities — SB 1627
iv. Development Projects
Ouuo:.
Minutes of the Planning Commission
Moorpark, California Page 2 August 25, 2009
Mr. Bobardt briefly discussed announcements and future agenda items.
Chair Hamous congratulated David Bobardt, Planning Director, on becoming a
Rotarian and for his service to the community of Moorpark.
8. PUBLIC HEARINGS: (next Resolution No. PC-2009-547)
A. Consider Conditional Use Permit No. 2003-05, a Request to Continue and
Expand Operation of an Existing Concrete Batch Plant Facility on
Approximately Ten (10) Acres Located at 13950 Princeton Avenue, on the
Application of National Ready Mixed Concrete. (Continued from June 23,
2009 Regular Meeting) Staff Recommendation: 1) Continue accepting
public testimony and close the public hearing; 2) Adopt Resolution No.
PC-2009- , approving Conditional Use Permit No. 2003-05.
Mr. Fiss presented the staff report. Mr. Fiss noted a communication from
the applicant to continue this case to allow additional time to study the
conditions of approval. Mr. Fiss indicated that staff recommends this
request be granted.
Questions from Commissioners followed; regarding landscaping and
setback of the walls, will the wall create a noise barrier, height of stock
piles, noise study and decibel requirements, watering mechanism for the
dust, road improvements and fees, will applicant be contributing toward
the widening of Princeton Avenue, time limit of conditional use,
landscaping and easement on the Arroyo, Specific Plan from Spring Road
to the freeway, formation of underground utility assessment district,
location of crushing facility on the site, design of wall and other
alternatives, crushing operation and amendment to the old Conditional
Use Permit; whether we are mitigating the applicant's current ongoing
operations, and can the noise study include the ongoing operations.
Chair Hamous opened the Public Hearing.
John Bowman, applicant representative, Jeffer, Mangels, Butler and
Marmaro, LLP, described the nature of their request as a continuance of a
new Conditional Use Permit to extend the life of the Conditional Use
Permit to allow for the recycling of concrete and to request that the
Conditional Use Permit would now include the westerly 3.3 acres of the
site. Mr. Bowman stated that noise is minimal and dust is readily dealt
with, with watering and does not anticipate any environmental issues.
Dave 011is, Officer, Jeffer, Mangels, Butler and Marmaro, LLP, was also
available to answer any questions from the Planning Commission.
S'.\Community Development\PLANNING COMMISSION\MINUTES\2009\09_0825_pcm dratt.doc
0000:. 5
Minutes of the Planning Commission
Moorpark, California Page August 25, 2009
MOTION: Vice Chair Landis moved and Commissioner Taillon seconded a
motion to continue the agenda item with Public Hearing open to a date uncertain,
with direction to staff to readvertise when the item is ready to be brought back to
the Planning Commission. The motion carried by voice vote 4-0, Commissioner
Di Cecco absent.
B. Consider Conditional Use Permit 2008-05 and Industrial Planned
Development 2008-01 , a Request to Construct a New Commercial Fueling
Facility Consisting of One (1) Building and Two (2) Canopies on the South
Side of Princeton Avenue, East of SR 118 Freeway Overpass on the
Application of Todd Manner (Fiedler Group) for the Moorpark
Redevelopment Agency. (Continued from June 23, 2009 Regular
Meeting) Staff Recommendation: 1) Continue accepting public testimony
and close the public hearing; 2) Adopt Resolution PC-2009-547
recommending to the City Council conditional approval of Conditional Use
Permit 2008-05 and Industrial Planned Development 2008-01.
Mr. Fiss presented the staff report.
Questions from the Commission followed; how many homes are adjacent
to the property area, whether this item renoticed, relocation of the existing
JE Clark Pacific Pride from High Street to the site, if there have been any
complaints with the current operation, landscaping and buffer zone
between the site and Arroyo, and the requirement as a franchise of Pacific
Pride to remain open 24 hours, traffic during the night and lighting at the
site.
Chair Hamous opened the Public Hearing.
David Moe, applicant representative, Redevelopment Manager, Moorpark
Redvelopment Agency, stated he was available to answer any questions
from the Planning Commission.
A discussion followed among Commissioners and Mr. Moe regarding the
current operation of the business and relocation of moving the business,
and if there are any issues or concerns from the neighbors with the current
business operation. Mr. Moe stated that the applicant, James Clark,
would be able to address these items.
James Clark, President, J.E. Clark II Corporation, discussed the operation
of the card lock business which is mostly off-road and on-road diesel use.
A discussion followed among the Commission and Mr. Clark regarding
how the business is run, if the business has received any complaints,
and if the use being proposed is the same use as the current site on High
Street, including the same number of tanks and pumps.
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Todd Manner, applicant, Fiedler Group, stated he has modified the site
plan to accommodate the comments and issues from the June 23
Planning Commission meeting regarding lighting and landscaping.
A discussion followed among the Commission and Mr. Manner about the
direction of the lighting and wall fixtures.
Tina Arredondo, land owner in Virginia Colony, was opposed to the project
and expressed her concerns about pollution, noise, lighting, traffic,
accidents that may occur, and property values in Virginia Colony.
A discussion followed among Commissioners and Ms. Arredondo about
her main concerns regarding the project. Ms. Arredondo stated her main
concerns are the noise, traffic and the future of the children. Ms.
Arredondo also asked for clarification why an environmental study was not
done.
Pete Lopez, City resident, was opposed to the project and expressed his
concerns regarding safety, the improvements on Princeton Avenue in front
of his residence, and that the homes will lose their quality of life. Mr.
Lopez also expressed his concerns about the project being located next to
a river bed and the flooding that occurred in Virginia Colony in the 1970's.
Chair Hamous closed the Public Hearing.
A discussion followed among Commissioners and staff regarding if the
Watershed Protection District has been approached on this project, what
are the conditions that a fueling facility has to accommodate for the 100-
year flood or flood plain, who does the applicant get approval from for
underground tanks, discussion regarding the EIR process, if this project
qualifies for exemption per the California Environmental Act, and when the
property was zoned for industrial use.
In response to the Commission, Mr. Jim Clark, applicant, J. E. Clark II,
discussed the percentage of the trucks that are currently using Princeton
Avenue as their ingress, the percentage of traffic that will be generated,
and the percentage of large trucks that would travel on Princeton Avenue
as opposed to regular car and truck traffic using the gas station.
MOTION: Vice Chair Landis moved and Commissioner Taillon seconded a
motion to approve staff recommendation, including adoption of Resolution No.
PC-2009-547 with direction to staff to provide the Honorable City Council with
specific comments. The motion carried by voice vote 4-0, Commissioner Di
Cecco absent.
The City Council has final approval authority for this project.
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9. DISCUSSION ITEMS:
None.
10. CONSENT CALENDAR
MOTION: Commissioner Taillon moved and Commissioner Bagwell seconded a
motion to approve the Consent Calendar. The motion carried by voice vote 4-0,
Commissioner Di Cecco absent.
A. Consider Approval of the Regular Meeting Minutes of June 23, 2009.
Staff Recommendation: Approve the minutes.
11. ADJOURNMENT:
MOTION: Vice Chair Landis moved and Commissioner Bagwell seconded a
motion to adjourn. The motion carried by voice vote 4-0, Commissioner Di
Cecco absent. The time was 8:55 p.m.
Bruce A. Hamous, Chair
David A. Bobardt, Planning Director
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