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Resolution No. 2009-549
PLANNING COMMISSION
REGULAR MEETING AGENDA
OCTOBER 27, 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
webslte at www.ci.mooroark.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
October 27, 2009
Page 2
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS AND REPORTS ON
MEETINGS/CONFERENCES ATTENDED BY THE COMMISSION:
A. Future Agenda Items
CUP 2003-05 National Ready Mixed (Continued from August 25,
2009 to a date uncertain)
ii. Rescinding toll Mazur DA, GPA, ZC
iii. Housing Element Update
iv. ZOA 2007-01 Wireless Facilities — SB 1627
v. Development Projects
vi. Pardee Homes PA-7
8. PUBLIC HEARINGS: (next Resolution No. PC-2009-549)
A. Consider Conditional Use Permit No. 2009-02, a Request to Allow a
Martial Arts Studio and Physical Fitness Training Center Within an
Existing 3,600 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 Regular Meeting) Staff
Recommendation: 1) Continue accepting public testimony and close the
public hearing; 2) Take action on Resolution No. PC-2009-_prepared at
the direction of the Planning Commission to approve Conditional Use
Permit No. 2009-02. (Staff: Freddy Carrillo)
9. DISCUSSION ITEMS:
A. None
10. CONSENT CALENDAR:
A. Consider Approval of the Regular Meeting Minutes of September 22,
2009. Staff Recommendation: Approve the minutes.
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) 517.8233. 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, October
27, 2009, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center,
799 Moorpark Avenue, Moorpark, California, was posted on October 23, 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 October 23, 2009.
bqn, ,. Jtllioneu
J ce R. Figueroa Administrative Assistant
S:\Community Development\PLANNING COMMISSIONWGENDA\2009\09 1027_aop doc
ITEM: 8.A.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: David A. Bobardt, Planning Director
Prepared by Joseph R. Vacca, Principal Planner; an K
Freddy A. Carrillo, Assistant Planner I
DATE: October 14, 2009 (PC Meeting of 10/27/09)
SUBJECT: Consider Conditional Use Permit No. 2009-02, a Request to Allow a
Martial Arts Studio and Physical Fitness Training Center in an
Existing 3,600 Square Foot Freestanding Building at 690 Walnut
Street (in the Downtown Specific Plan Area) on the Application of
Dennis Haggard
BACKGROUND/DISCUSSION
On July 22, 2009, an application was filed for Conditional Use Permit (CUP) No. 2009-
02, for a martial arts studio and physical fitness training center in an existing 3,600
square-foot freestanding building at 690 Walnut Street. On September 22, 2009, the
Planning Commission opened the public hearing and took testimony for this case. There
were several speakers who expressed support of the proposed use of the existing
building as a martial arts studio and fitness training center. One speaker voiced
concerns that the proposed use of the building would not meet the goals for the
revitalization of the downtown. After considering the staff report and public testimony,
the Planning Commission continued the agenda item to its October 27, 2009 meeting
with the public hearing open and directed staff to prepare a resolution with findings of
approval of the use and conditions of approval.
STAFF RECOMMENDATION
1. Continue accepting public testimony and close the public hearing.
2. Adopt Resolution No. PC-2009- to approve Conditional Use Permit No.
2009-02 subject to conditions of approval.
ATTACHMENTS:
1. September 22, 2009 Staff Report
2. Draft PC Resolution with Conditions of Approval
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MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: David A. Bobardt, Planning Director? - v'S
Prepared by Joseph R. Vacca, Principal Plannernd
Freddy A. Carrillo, Assistant Planner I T.--
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,facades, 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.
PC ATTACHMENT 1 000002
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 Zonino 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 12:00noon,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, APPROVING
CONDITIONAL USE PERMIT NO. 2009-02 FOR A MARTIAL
ARTS STUDIO AND PHYSICAL FITNESS TRAINING CENTER IN
AN EXISTING 3,600 SQUARE-FOOT FREESTANDING BUILDING
AT 690 WALNUT STREET, (IN THE DOWNTOWN SPECIFIC
PLAN AREAL ON THE APPLICATION OF DENNIS HAGGARD
WHEREAS, at duly noticed public hearings on September 22, 2009, and October
27, 2009, the Planning Commission considered Conditional Use Permit (CUP) No.
2009-02 on the application of Dennis Haggard for a Martial Arts Studio and Physical
Fitness Training Center in an existing 3,600 square-foot freestanding building 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; continued the open public hearing to October 27, 2009
and on October 27, 2009, 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 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:
A. The proposed use is consistent with the provisions of the General Plan,
Downtown Specific Plan, and Zoning Ordinance, in that the martial arts studio
and physical fitness training center is permitted in the Commercial Old Town (C-
OT) Zone with the approval of a Conditional Use Permit.
B. The proposed use as conditioned is compatible with both existing and permitted
land uses in the surrounding area, in that sufficient street parking is available on
Walnut Street and customers of the martial arts studio and physical fitness
training center will patronize other businesses in the downtown area .
PC ATTACHMENT 2 000011
Resolution No. PC-2009-
Page 2
C. The proposed use is compatible with the scale, visual character and design of
surrounding properties, in that the existing building has been established on
Walnut Street for an extensive time and has recently been renovated for a use
such as the proposed martial arts studio and physical fitness training center.
D. The proposed use would not be obnoxious or harmful, or impair the utility of
neighboring property or uses, in that the hours of operation are limited with
conditions of approval to minimize impacts on the adjacent residential
neighborhood.
E. The proposed use would not be detrimental to the public health, safety,
convenience, or welfare, in that conditions of approval are intended to limit
intensity of the proposed use, in order to preserve the health, safety,
convenience and welfare of existing uses on adjacent properties.
SECTION 2. PLANNING COMMISSION APPROVAL: the Planning
Commission hereby approves Conditional Use Permit No. 2009-02 subject to the
Standard and Special Conditions of Approval found in Exhibit A attached.
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 27th day of October, 2009.
Bruce Hamous, Chair
David A. Bobardt, Planning Director
Exhibit A— Standard and Special Conditions of Approval
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Resolution No. PC-2009-
Page 3
EXHIBIT A
STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE
PERMIT (CUP) No. 2009-02
STANDARD CONDITIONS OF APPROVAL
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 (Exhibits 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. Prior to issuance of a Zoning Clearance for Occupancy, the applicant shall
provide a schedule for the martial arts classes and physical fitness group training
classes, which shall include a minimum separation of 30-minutes between the
end and beginning of each class or group training session, and the schedule
shall be submitted for review and approval of the Planning Director, (the
schedule is subject to change only with prior review and approval of the Planning
Director, in compliance with this condition).
2. Prior to issuance of a Zoning Clearance for Occupancy, the applicant shall
submit a parking plan for employees to the satisfaction of the Planning Director.
3. Prior to issuance of a Zoning Clearance for Occupancy, all facade improvements
to the building as required with the approval of Administrative Permit No. 2007-07
must be completed to the satisfaction of the Planning Director.
4. Prior to issuance of a Zoning Clearance for Occupancy, the applicant shall install
an anti-graffiti coating to the street facing elevations of the building, and prior to
installation, the applicant shall submit the proposed brand and application of the
anti graffiti coating for the review and approval of the Planning Director.
5. For indoor or outdoor events that are not considered part of the everyday
operation of the studio, the applicant shall apply for and secure a Temporary Use
Permit from the Community Development Department. Such application shall be
made at least thirty (30) calendar days prior to the commencement of the indoor
or outdoor event. As part of the Conditions of Approval, the Planning Director
may require, based upon the scope and size of the event, security guards, traffic
control, valet parking and other measures to assure that the event does not
disrupt the neighborhood and surrounding area.
6. No outdoor storage is allowed under this approval. Any request for outdoor
storage shall be subject to the application requirements in place at the time of
such request.
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Resolution No. PC-2009-
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7. Any massage businesses or technicians operating in the fitness center shall have
all required licenses from the City consistent with Chapter 5.48 of the Moorpark
Municipal Code.
8. A separate sign permit application is required for all proposed signs; all signs
must be consistent with the Downtown Specific Plan sign criteria, which is
subject to the review and approval of the Planning Director.
9. Hours of operation are limited to 8:00 a.m. to 10:00 p.m., Monday through
Sunday, adjustments are only allowed with the prior review and approval of any
proposed change in hours by the Planning Director.
10. The applicant shall notify each customer/client that pick up and drop off of
students is required on-site in order to prevent double parking and to minimize
on-street traffic problems. If the applicant is found in violation of this condition
the permit may be subject to a citation, modification of the permit and/or
revocation of the permit.
11. The applicant and his/her successors, heirs, and assigns shall 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.
12. The applicant shall obtain or renew a Business Registration from the City of
Moorpark. All contractors doing work in Moorpark shall have or obtain a current
Business Registration.
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ITEM: 10.A.
MINUTES OF THE PLANNING COMMISSION
Moorpark, California September 22, 2009
A Regular Meeting of the Planning Commission of the City of Moorpark was held on
September 22, 2009, in the Council Chambers of said City located at 799 Moorpark
Avenue; Moorpark, California.
1. CALL TO ORDER:
Chair Hamous called the meeting to order at 7:09 p.m.
2. PLEDGE OF ALLEGIANCE:
Commissioner Bagwell led the Pledge of Allegiance.
3. ROLL CALL:
Present: Planning Commissioners Bagwell, Taillon, Vice Chair
Landis, and Chair Hamous.
Absent: Planning Commissioner Di Cecco
Staff Present: David Bobardt, Planning Director; Joseph Vacca, Principal
Planner; Freddy Carrillo, Assistant Planner I; and Joyce
Figueroa, Administrative Assistant.
4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS:
None.
5. PUBLIC COMMENT:
Bob Gehricke, Gehricke Architects AIA LP, discussed concerns regarding
speeding on Spring Road; being used as a raceway, has observed numerous
accidents and one death, and the need to make the street a speed trap or more
deterrent. Staff stated they will forward Mr. Gehricke's comments to Captain Ron
Nelson, Moorpark Police Department and Yugal Lall, City Engineer/Public Works
Director.
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
None.
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Minutes of the Planning Commission
Moorpark, California Page 2 September 22, 2009
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS AND REPORTS ON
MEETINGS/CONFERENCES ATTENDED BY THE COMMISSION:
(Future agenda items are tentative and are subject to rescheduling.)
A. Future Agenda Items:
Rescinding Toll Mazur DA, GPA, ZC
ii. Housing Element Update
ii. ZOA 2007-01 Wireless Facilities— SB 1627
iv. Development Projects
v. Pardee Homes PA-7
Mr. Bobardt briefly discussed announcements and future agenda items.
8. PUBLIC HEARINGS: (next Resolution No. PC-2009-548)
A. Consider Conditional Use Permit No. 2008-09, a Request to Install a
Minor Wireless Communications Facility with 12 Panel Antennas on an
Existing 32-Foot Tall Water Tank and 4 Equipment Cabinets in a Partial
Subterranean Mechanical Equipment Enclosure, at a Ventura County
Waterworks District No. 1 Water Tank Site South of Tierra Rejada Road
between Thomasville Court and Sunnvslope Place, on the Application of
Vince Anaya for Verizon Wireless. Staff Recommendation: 1) Open the
public hearing, accept public testimony and close the public hearing; 2)
Adopt Resolution PC-2009-548, approving Conditional Use Permit 2008-
09, subject to conditions.
Mr. Carrillo presented the staff report.
Questions from Commissioners followed regarding the safety
recommendation distance from an occupied residence to a radio-panel
antenna, EMF Emissions, fencing around the facility, if antennas are flush
with the top and not higher than the tank, and vandalism at the site.
Chair Hamous opened the Public Hearing.
Ryan Young, Delta Groups Engineering, applicant representative, stated
Verizon wants to be a good neighbor with the community, and the design
has the community's best interest in mind. The purpose of the site is two-
fold; to provide additional signal strength to cover the residential areas to
the north, west and east of the area and to provide capacity/relief from
other existing Verizon wireless sites in the area, to offload calls from
existing sites that are considered overloaded. The site is an ideal location
and site for the community. Mr. Young stated Verizon is fortunate to
utilize an existing water tank which is utility use in this area which will
minimize aesthetic impacts as much as possible. The antennas are
designed and located to blend with the existing water tank and remain
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obscure from public view and the equipment will not be visible from public
view, and there would be no adverse impact to public view and will
enhance communication services both personal and emergency services
to the city. Verizon has read the staff report and are in agreement with
the special conditions including an emission study after the site is in
operation Verizon will provide a report that will show that they are in full
compliance with FCC regulations. The site will also help with drop calls.
A discussion followed among Commissioners and Mr. Young regarding
what type of electromagnetic energy is being used, how much noise will
be generated, and other facilities currently being operated in the area.
Chair Hamous stated the Commission received correspondence from
three residents in opposition of the project.
Chair Hamous closed the public hearing.
A discussion followed among Commissioners and staff regarding federal
regulations regarding distance in federal guidelines, and the testing to be
done at the site as soon as it is operational, security, and safety with the
fencing, and questions regarding the request for testing not to exceed one
time within 24 months.
MOTION: Commissioner Taillon moved and Commissioner Bagwell seconded a
motion to approve staff recommendation, including adoption of Resolution No.
PC 2009-548. The motion carried by voice vote 4-0, Commissioner Di Cecco
absent.
The Planning Commission has final approval authority for this project.
B. Consider Conditional Use Permit 2009-02, a Request to Allow a Martial
Arts Studio and Physical Fitness Training Center Within an Existing 3,954
Square Foot Freestanding Building Located at 690 Walnut Street (in the
Downtown Specific Plan Area) on the Application of Dennis Haggard.
Staff Recommendation: 1) Open the public hearing, accept public
testimony and close the public hearing; 2) Adopt Resolution PC-2009- ,
denying the application for Conditional Use Permit 2009-02.
Mr. Carrillo presented the staff report.
Questions from the Commission followed; how many parking spaces are
needed for the building, the use of the building, will the City create
additional parking, concern about the clients of the studio taking up
residential parking spaces and do not think the project is worth overturning
as it is a competitive business.
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Chair Hamous opened the Public Hearing.
Dennis Haggard, applicant, discussed the proposed project; classes are
limited to ten clients during the day and evening martial arts classes may
train up to 15-persons as a class estimate. Mr. Haggard spoke with
individual business owners who have offered their parking lots as overflow
parking. He also stated that the extra foot traffic will help out other
businesses in the area.
Paul Capra, Lee & Associates, broker for the subject property, discussed
the current condition of market we are in, and the existing space not being
used and the neighbors in the area support this project.
Bob Gehricke, Gehricke Architects AIA LP, spoke in opposition of the
project and that this use is not appropriate for the building nor does the
proposed use improve revitalizing downtown.
J. Richard Leyner, Manager of LLC, stated a business like this in the area
would benefit all businesses in the area. Mr. Leyner requested that the
Planning Commission overturn the recommendation to deny the
application.
Patrick Ellis, Moorpark Chamber of Commerce spoke in favor of the
project and stated that this is a good viable business for the area.
Ben Williams, Lee & Associates, spoke in favor of the project and
addressed the issue of graffiti; stating that the property owner has been
removing graffiti the next day following a call from residents to address the
issue of retagging, using the volunteer services in Moorpark. Mr. Williams
has approached local businesses and received positive feedback.
A discussion followed among Commissioners and staff regarding parking
requirements for this particular use.
At the request of the Commission, Mr. Haggard clarified how many
parking spaces are needed at the site in the evening. Mr. Haggard also
stated he is willing to delay start time of the classes so that there is
adequate timing between each group of clients.
Mr. Bobardt stated there was a written statement card from Mr. Richard
Gray, High Street property owner, in support of the project.
Chair Hamous closed the Public Hearing.
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A discussion followed among Commissioners and staff regarding the
parking policy issue, and that the applicant is willing to stagger the hours
of the classes allowing clients a chance to leave and park. The applicant
is looking to be a good tenant for the city and the Commission would like
to find ways in the policy to make the parking work for this project.
Mr. Bobardt recommended that the Public Hearing be continued with
public hearing open to the October 27, 2009, regular Planning
Commission meeting so that the Planning Commission can direct staff to
prepare findings and conditions for approval.
MOTION: Vice Chair Landis moved and Commissioner Taillon seconded a
motion to continue the agenda item to the October 27, 2009 regular meeting with
the public hearing open with direction for staff to prepare a resolution with
findings and conditions for approval. The motion carried by voice vote 4-0,
Commissioner Di Cecco absent.
9. DISCUSSION ITEMS:
None.
10. CONSENT CALENDAR
MOTION: Commissioner Taillon moved and Commissioner Bagwell seconded a
motion to approve the Consent Calendar. The motion carried by voice vote 4-0,
Commissioner Di Cecco absent.
A. Consider Approval of the Regular Meeting Minutes of August 25, 2009.
Staff Recommendation: Approve the minutes.
11. ADJOURNMENT:
MOTION: Vice Chair Landis moved and Commissioner Taillon seconded a
motion to adjourn. The motion carried by voice vote 4-0, Commissioner Di
Cecco absent. The time was 8:50 p.m.
Bruce A. Hamous, Chair
David A. Bobardt, Planning Director
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