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HomeMy WebLinkAboutAG RPTS 2010 0126 PC REG O OPP pP01.4 Ca` ti y 09- q/� i a*f Resolution No. 2010-550 PLANNING COMMISSION REGULAR MEETING AGENDA JANUARY 26, 2010 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: A. Consider Selection of Chair and Vice Chair Jodi Bagwell Mark Di Cecco Bruce A. Hamous Kipp Landis Mark G. Taillon Staff Recommendation: 1) Open the floor to nominations for a Chair; 2) Once sufficient nominations have been made, close the nominations and vote; 3) Open the floor for nominations for a Vice Chair; and 4) Once sufficient nominations have been made, close the nominations and vote. (Staff: David Bobardt) 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.moomark.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 Chairs 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 January 26, 2010 Page 2 5. PUBLIC COMMENT: 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS AND REPORTS ON MEETINGS/CONFERENCES ATTENDED BY THE COMMISSION: A. Future Agenda Items i. 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 B. 2010 Planners Institute and Mini Expo, March 24 — 26, 2010, Monterey, California 8. PUBLIC HEARINGS: (next Resolution No. PC-2010-550) A. Consider Conditional Use Permit No. 2010-01, a Request to Allow Indoor Recreational Vehicle Sales With a 6,500 Square-Foot Showroom, Within an Existing 94,000 Square-Foot Indoor Recreational Vehicle Storage Facility, Located at 5152 Commerce Avenue, on the Application of Tom Lindstrom RV, Inc. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; 2) Adopt Resolution No. PC-2010- , to approve Conditional Use Permit No. 2010-01 subject to conditions of approval. (Staff: Freddy Carrillo) B. Consider Zoning Ordinance Amendment 2009-03, to Amend Chapter 17.40 Sign Regulations, of Title 17, Zoning, of the Moorpark Municipal Code by Adding Section 17.40.095 to Allow Temporary Directional Signs for Special Events in the Old Town Commercial (C-OT), Planned Community (PC) and Institutional (I) Zones. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; 2) Adopt Resolution No. PC-2010- recommending to the City Council approval of ZOA 2009-03. (Staff: Joseph Fiss) Regular Planning Commission Meeting Agenda January 26, 2010 Page 3 9. DISCUSSION ITEMS: A. Consider Regular Meeting Schedule, Time and Place Staff Recommendation: 1) Approve the 2010 regular meeting schedule of the fourth Tuesday of each month starting at 7:00 p.m. at the Moorpark City Hall Community Center, 799 Moorpark Avenue, Moorpark, CA 93021. (Staff: David Bobardt) 10. CONSENT CALENDAR: A. Consider Approval of the Regular Meeting Minutes of October 27, 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)517-6233. Upon request,the agenda can be made available in appropriate alternative formats to persons with a disability.Any request for disability-related modification or accommodation should be made at least 48 hours prior to the scheduled meeting to assist the City staff in assuring reasonable arrangements can be made to provide accessibility to the meeting (28 CFR 35.102-35.104;ADA Title II). STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss CITY OF MOORPARK ) AFFIDAVIT OF POSTING AGENDA I, Joyce R. Figueroa, declare as follows: That I am the Administrative Assistant of the City of Moorpark and that an agenda of the Regular Meeting of the Moorpark Planning Commission to be held on Tuesday, January 26, 2010, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on January 22, 2010, 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 January 22, 2010. 0 i , X7( ,1 na Jo/ce '. Figueroa, Administrative Assistant ITEM: 4.A. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: David A. Bobardt, Planning Director DATE: January 13, 2010 (PC Meeting of 1/26/2010) SUBJECT: Consider Selection of Chair and Vice Chair BACKGROUND/DISCUSSION Municipal Code Section 2.36.080 and Section 3.1 of Resolution PC 2006-507 (Rules of Procedure for Commission Meetings and Related Functions and Activities) require the Planning Commission to select a Chair and Vice Chair from among the appointed members at the first regular meeting of each year. Each such selection shall be by three or more affirmative votes. Additionally, each person so selected shall serve until the end of a one-year term or until a successor is chosen (at any time) by three or more affirmative votes. STAFF RECOMMENDATION 1. Open the floor to nominations for a Chair; 2. Once sufficient nominations have been made, close the nominations and vote; 3 Open the floor for nominations for a Vice Chair; 4 Once sufficient nominations have been made, close the nominations and vote. Vnor_pd_seMDepadment Share\Communily Development\PLANNING COMMISSION P C POLICIES agenda repo,s\201Ppc 10 0126 select chair.doc t ITEM: 8.A. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: David A. Bobardt, Community Development Directo Prepared by Freddy A. Carrillo, Assistant Planner I DATE: January 19, 2010 (PC Meeting of 01/26/2010) SUBJECT: Consider Conditional Use Permit No. 2010-01, a Request to Allow Indoor Recreational Vehicle Sales With a 6,500 Square-Foot Showroom, Within an Existing 94,000 Square-Foot Indoor Recreational Vehicle Storage Facility, Located at 5152 Commerce Avenue, on the Application of Tom Lindstrom RV, Inc. BACKGROUND On January 11, 2010, an application was filed by Tom Lindstrom RV, Inc. for Conditional Use Permit (CUP) No. 2010-01, to allow used recreational vehicle (RV) sales with a 6,500 square-foot showroom contained within a 94,000 square-foot indoor RV storage facility, separately operated by MacLand, LLC., that is contained within an existing 104,000 square-foot building owned by MacLand, LLC. at 5152 Commerce Avenue. DISCUSSION Project Setting Existing Site Conditions: Approximately 94,000 square feet of the 104,000 building on the 3.93 acre site is used for RV storage. The remainder of the building is used for office use. Previous Applications: Administrative Permit (AP) No. 2006-11 was approved on October 10, 2006, to permit the full service indoor RV storage facility use on the site. 2 Honorable Planning Commission January 26, 2010 Page 2 GENERAL PLAN/ZONING/LAND USE Direction General Plan Zoning Land Use Medium Industrial Limited Industrial RV Storage and Site (1-2) (M-2) Office Medium Industrial Limited Industrial Warehousing North (1-2) (M-2) Medium Industrial Limited Industrial Light Industrial and South (1-2) (M-2) Office Uses Medium Industrial Limited Industrial Light Industrial and East (1-2) (M-2) Office Uses Medium Industrial Limited Industrial Light Industrial and West (1-2) (M-2) Office Uses Consistency with General Plan and Zoning: The General Plan Land Use Map and Zoning Map have designated the site for a wide range of industrial uses and services, including warehousing, manufacturing, research and development, limited office, and vehicle sales. The Zoning Ordinance requires Planning Commission approval of a Conditional Use Permit for the sales of new and/or used vehicles in the Limited Industrial (M-2) Zone. ANALYSIS Issues Staff analysis of the proposed project has identified the following area for Planning Commission consideration: • Outdoor storage Outdoor storage: Condition No. 4 of Administrative Permit No. 2006-01 for the existing RV storage facility prohibits outdoor storage. The current proposal indicates that previously owned RV's offered for sale will only be displayed indoors, within a proposed 6,500 square foot showroom inside the existing RV storage facility. The showroom will have approximately 5 to 10 RV's on display at any one time. In order to maintain a steady display, used RVs will be brought into the showroom to replace inventory, once RV's are sold. To ensure that outdoor storage does not occur, a special condition has been included prohibiting outdoor storage of recreational vehicles at the subject property. A special condition of approval is also recommended to allow for outdoor sales events consistent with the Municipal Code standards (one calendar day in any 90 day period) with a Temporary Use Permit (TUP). 'v,oryri—seMDepanment SharelCommunity DevelopmentlDEV PMTS\C U P @010 2010-01 RV Sales■ genda Reports■Staf Report pc 10 0126.doc 3 Honorable Planning Commission January 26, 2010 Page 3 Findings A. The proposed use is consistent with the provisions of the General Plan, zoning ordinance, and any other applicable regulations, in that indoor recreational vehicles sales is permitted in the Limited Industrial (M-2) Zone with the approval of a Conditional Use Permit. B. The proposed use is compatible with both existing and permitted land uses in the surrounding area, in that the indoor recreational vehicles sales are allowed in this zone. C. The proposed use is compatible with the scale, visual character and design of surrounding properties, in that there will be no changes to the exterior of the building as a result of the application. D. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or uses, in that the proposed hours of operation are consistent with the hours for the existing uses in surrounding businesses. E. The proposed use would not be detrimental to the public health, safety, convenience, or welfare as conditioned. 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: January 12, 2010 Planning Commission Action Deadline: April 9, 2010 ENVIRONMENTAL DETERMINATION In accordance with the City's environmental review procedures adopted by resolution, the Community Development 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. \nor-pri-seMDepapnent Share\Community Oevelopment\OEV PMTS\C U P\2010\201001 RV Sales■ genda Reports\Staf Report pc 10 0126.Eoc 4 Honorable Planning Commission January 26, 2010 Page 4 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 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 a 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 Community Development Director has determined this project to be Categorically Exempt in accordance with Section 15301 (Class 1: Existing Facilities) of the California Code of Regulations (CEQA Guidelines). No further environmental documentation is required. STAFF RECOMMENDATION 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC-2010- , to approve Conditional Use Permit No. 2010-01 subject to conditions of approval. ATTACHMENTS: 1. Location Map 2. Aerial Photograph 3. Site / Floor Plan 4. Draft PC Resolution with Conditions of Approval 1Vnor_pn_servlDepaNnent Share1Communiy DevebpmennDEV PMrS\C U P1201012010-01 RV 661661606 MP Repohehstaf Report pc 10 0126 doc 5 / , i t— T e E S z i 5152 Commerce Avenue Il 4 !I(I y � H\rtz-Ave A / T W V , C) n 1 MOOrpa1'{C - -J --Challenyr Ct- - _ Clini ' I E - � ----E Commerce-awe-- ---',. rn Z ---DIccovory Ct- ma 1 eh a. WCos Angeles Ave 'i / 1 (dl i-. '\. \ I I I , :1--7---F— . Location Map 5152 Commerce Avenue 1.171: ., 1 I' I • - �� I. , I all: :.i/.! s.__._... _1 I 1r ,., I ift, /111. Y e 5152 Commerce Avenue Illit - with ;f:4 I, 1,.• V.." •It • . Moor ark r t' D ,,, ct 111111' —I 0 • P 2 !('— • 1 Ir L A ,-_J I2, 1 ( . i -0: . m ,.. WZ 1.,' �i .1- • '..i'l . _ - , - . _ ---- . f, 1— • 'Cr* 1.' I c e� I_ r i Alin J I SON I , ... .r 1 'ray I 1. __ W I ..Anyrlt•s Avt• - . _ .- lo ..1A Z. , '. i1L IS. i'' ` ! . i .;!/•' • .110 I _.1f• _ .1 t. ..! _•r1. Location Map 5152 Commerce Avenue ®�1�T' q1 ROPO 6b VAIN=e, V'Vkz. rn4tt ?IAN . • -St 5a ( • Comer c e O " "' 4 ._. LStiVI f`ekrior U)aS t --� e ro. 7" .. • • arm j —t- -D Stele . Y • V J -mu.fJ I • a. r , t` n' ' d.. . . ." , rr ,. \�11 -{raider ` " lr 4 C nr w .� �9 �: _ . . W - t-uWAy JT J� � fb �� CS l y a� • /'/ / �j/ ' wn. r; '411f1 _ DUliQ 3�'�NpAI. Tore LtndsfroM RV. Inc. / . CPI: 1 I I �� p,. mho. a Sf VWR�RVTti 41 ai rox., 6500 si.f+. - x , s-•• s/ire/ / ,Lt- t I MN/ OD I RESOLUTION NO. PC-2010- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2010-01 FOR INDOOR RECREATIONAL VEHICLE SALES AT 5152 COMMERCE AVENUE, ON THE APPLICATION OF TOM LINDSTROM RV, INC WHEREAS, at a duly noticed public hearing on January 26, 2010 the Planning Commission considered Conditional Use Permit (CUP) No. 2010-01 on the application of Tom Lindstrom RV, Inc. for used indoor recreational vehicle (RV) sales with a 6,500 square-foot showroom, within an existing 94,000 square- foot indoor recreational vehicle storage facility, at 5152 Commerce Avenue; and WHEREAS, at its meeting of January 26, 2010 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; closed the public hearing and on January 26, 2010 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, zoning ordinance, and any other applicable regulations, in that indoor recreational vehicles sales is permitted in the Limited Industrial (M-2) Zone with the approval of a Conditional Use Permit. B. The proposed use is compatible with both existing and permitted land uses in the surrounding area, in that the indoor recreational vehicles sales are allowed in this zone. C. The proposed use is compatible with the scale, visual character and design of surrounding properties, in that there will be no changes to the exterior of the building as a result of the application. PC ATTACHMENT 4 9 Resolution No. PC-2010- Page 2 D. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or uses, in that the proposed hours of operation are consistent with the hours for the existing uses in surrounding businesses. E. The proposed use would not be detrimental to the public health, safety, convenience, or welfare as conditioned. SECTION 2. PLANNING COMMISSION APPROVAL: the Planning Commission herby approves Conditional Use Permit No. 2010-01 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 26th day ofJanuary, 2010. , Chair David A. Bobardt Community Development Director Exhibit—A: Standard and Special Conditions of Approval ■noryn_seMDeparhnent Share\Cemmunity Development\DEV PMrS\C U PQO1D\2010-01 RV Sales ResolutonskRESOLUTION NO 10 Resolution No. PC-2010- Page 3 EXHIBIT -A STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT (CUP) No. 2010-01 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. Outdoor sales events in compliance with Section 17.28.130 of the Moorpark Municipal Code are permitted. For outdoor events, 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 outdoor event. As part of the Conditions of Approval, the Community Development 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 surrounding area. 2. 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. 3. A sign permit application must be submitted for all proposed signs, for the review and approval of the Community Development Director prior to issuance of a building permit for a sign. 4. All recreational vehicles (RV's) sold at this location are subject to all local and State sales tax with the City of Moorpark as the point of sale. Prior to issuance of a Zoning Clearance for Occupancy, the applicant shall provide the following to the satisfaction of the Community Development Director: A. A copy of a valid Seller's Permit from the State Board of Equalization for this business. B. A letter on business letterhead signed by an authorized agent of Tom Lindstrom RV, Inc certifying that all sales of recreational vehicles at this location will be properly reported to the State Board of Equalization as occurring in the City of Moorpark. ■■noryn_serv\DepaNnent Share\Community Development\DEV PMTS\C U 12\2010 2010-01 RV SalSSWesOlutioesWESOLUTION NO doe 11 Resolution No. PC-2010- Page 4 5. No overnight parking, repair operations or maintenance of RV's may occur on site. The property owner may enter into an agreement with the City to allow the City to enter the property when the property owner has properly posted signs restricting the overnight parking, repair or maintenance of truck, to enforce the onsite restrictions and assume the costs of towing the violating vehicles. 6. Prior to issuance of certificate of occupancy, the property owner shall provide an easement to the City and County of Ventura, to the satisfaction of Community Development Director, City Engineer/Public Works Director, and City Attorney, allowing emergency ingress and egress over through and across the property from the existing gate at the northeast corner of the property to Commerce Avenue, 7. Prior to issuance of certificate of occupancy, the applicant shall install a knox-box, access system for the existing driveway gate at the northeast corner of the property, to the satisfaction of the Community Development Director, Police Department, and Fire Department. - END - \Molyn_sery\Department Share\COmmunity DevelopmentDEV PMTS U P12010 @010-01 RV SalesUieadubons\RESOLUTION NO doc 12 ITEM: 8.B. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: David A. Bobardt, Community Developmen birector� Prepared by Joseph Fiss, Principal Planner j DATE: January 21, 2010 (PC Meeting of January 26, 2010) SUBJECT: Consider Zoning Ordinance Amendment 2009-03, to Amend Chapter 17.40 Sign Regulations, of Title 17, Zoning, of the Moorpark Municipal Code by Adding Section 17.40.095 to Allow Temporary Directional Signs for Special Events in the Old Town Commercial (C-OT), Planned Community (PC) and Institutional (I) Zones. BACKGROUND/DISCUSSION On October 7, 2009 the City Council adopted Resolution 2009-2856 directing the Planning Commission to study, hold a public hearing and provide a recommendation to the City Council on an Amendment to Chapter 17.40 Sign Regulations, of Title 17, Zoning, of the Moorpark Municipal Code related to Special Event Directional Signs The City Council comprehensively amended the City's sign regulations in the Zoning Ordinance in 2005. The proprietor of the farmers' market on High Street, which was open in 2009, addressed the City Council a couple times during public comment, requesting the ability to post off-site directional signage for the market. The sign regulations in the Zoning Ordinance currently do not allow for off-site signage for temporary events, such as a farmers' market, with the exception of banners and signs for events sponsored by the City or by Moorpark nonprofit organizations. On September 2, 2009, the City Council directed staff to waive enforcement of the sign regulations through the end of the year related to directional signage for the farmers'market and other High Street special events on the day of the event, provided that such signage is removed within two hours of the end of the event. This time was to allow for study of potential amendments to the sign regulations in the Zoning Ordinance. 13 Honorable Planning Commission January 26, 2010 Page 2 Staff has drafted an amendment to Sign Ordinance that will allow the flexibility of permitting temporary directional signs for special events allowed by specific permits in Downtown Moorpark, the Civic Center, and at the Arroyo Vista Recreation Center,while at the same time providing clear standards for installation of such signs. Downtown Moorpark and the Arroyo Vista Recreation Center have distinctive characteristics and unique physical locations that warrant additional opportunities for signage, in particular for special events that benefit the community at large. By allowing these signage opportunities in the C-OT (High Street), PC (Arroyo Vista Recreation Center), and I (Civic Center) zones, special events at the City Hall, Library, Post Office Parking Lot, and Arroyo Vista Recreation Center would qualify for temporary directional signs for commercial activities that are temporary or recurring in nature, such as farmers' markets, street festivals, carnivals, and art walks. Such signs would not be exempt from the requirement to obtain a permit prior to installation. PROCESSING TIME LIMITS Since this ordinance amendment was initiated by the City, the processing time limits 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) are not applicable. ENVIRONMENTAL DETERMINATION In accordance with the city's environmental review procedures adopted by resolution, the Planning Director determines the level of review necessary for a project to comply with the California Environmental Quality Act(CEQA). Some projects may be exempt from review based upon a specific category listed in CEQA. Other projects may be exempt under a general rule that environmental review is not necessary where it can be determined that there would be no possibility of significant effect upon the environment. A project which does not qualify for an exemption requires the preparation of an Initial Study to assess the level of potential environmental impacts. The Director has reviewed this project and found it to qualify for a General Rule Exemption in accordance with Section 15061 of California Code of Regulations (CEQA Guidelines). No further environmental documentation is required. STAFF RECOMMENDATION 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC-2010- recommending to the City Council approval of ZOA 2009-03. ATTACHMENT: 1. Resolution No. PC 2010- \MOr.pri_seMDepadment Share\Community Development\DEV PMTS\Z 0 A\2009\03Signs for Downtown Special Events\PC Agenda Report 091124.doc 14 RESOLUTION NO. PC-2010- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONING ORDINANCE AMENDMENT NO. 2009-03, AMENDING CHAPTER 17.40 SIGN REGULATIONS, OF TITLE 17, ZONING, OF THE MOORPARK MUNICIPAL CODE BY ADDING SECTION 17.40.095 TO ALLOW TEMPORARY DIRECTIONAL SIGNS FOR SPECIAL EVENTS IN THE OLD TOWN COMMERCIAL (C-OT), PLANNED COMMUNITY (PC) AND INSTITUTIONAL (I) ZONES. WHEREAS, at its meeting of January 26, 2010, the Planning Commission conducted a duly-noticed public hearing on Zoning Ordinance Amendment No. 2009-03, amending Chapter 17.40 Sign Regulations, of Title 17, Zoning, of the Moorpark Municipal Code by Adding Section 17.40.095 to Allow Temporary Directional Signs for Special Events in the Old Town Commercial (C-OT), Planned Community (PC) and Institutional (I) zones, received public testimony on the proposed amendments, and after receiving oral and written public testimony, closed the public hearing and reached a decision; and WHEREAS, at its meeting of January 26, 2010 the Planning Commission considered the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal; and reached a decision on this matter; and WHEREAS, the Planning Commission concurs with the Planning Director's determination that this project is exempt from the provisions of the California Environmental Quality Act by the general rule that CEQA only applies to projects that may have a significant effect on the environment. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. GENERAL PLAN AND SPECIFIC PLAN CONSISTENCY: The Planning Commission finds Zoning Ordinance Amendment No. 2009-02 to be consistent with the City of Moorpark General Plan and all adopted Specific Plans. SECTION 2. RECOMMENDATION: The Planning Commission recommends to the City Council approval of Zoning Ordinance Amendment No. 2009-03, amending Chapter 17.40 Sign Regulations, of Title 17, Zoning, of the Moorpark Municipal Code by Adding Section 17.40.095 to Allow Temporary Directional Signs for Special Events in the Old Town Commercial (C-OT), Planned Community (PC) and Institutional (I) zones as recommended by staff and shown in Exhibit A, attached. PC ATTACHMENT 1 15 Resolution No. PC-2010- 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 26th DAY OF January, 2010. , Chair David A. Bobardt, Planning Director Exhibit A: Section 17.40.095 Temporary directional signs for special events in the Old Town Commercial (C-OT), Planned Community (PC) and Institutional (I) zones. \\mwyn_seM➢eparunen\Share\Community Development\REV PMrS\Z 0 A'2008\03-Signs for Downtown Special Events PC Reso 091124.doc 16 Resolution No. PC-2010- Page 3 EXHIBIT A "17.40.095 Temporary directional signs for special events in the old town commercial (C-OT), planned community (PC), and institutional (I) Zones. Temporary directional signs for special events, such as festivals, farmers' markets, and other events held in the old town commercial (C-OT), planned community (PC) and institutional (I) zones, for which a temporary use permit or administrative permit has been granted, are permitted on commercial and industrial-zoned property with written permission of the property owner. The signs must be A-frame or other portable type, designed in a professional manner, and must not exceed four (4) square feet in area and three (3) feet in height. Signs may be double-faced. Directional signs must be located at least fifty (50) feet from the end of a curb return at a street corner and may not be located in the public right-of-way. A maximum of one (1) sign per property and a total of ten (10) signs are allowed per event. Signs may only be installed during the day of the event and must be removed within one (1) hour of the end of the event. For a multi-day event, the temporary directional signs must be removed daily, within one (1) hour of the end of the event for that day." Minor pri seMDepartment Sflare\Community DevelopmenGDEV PMTS Z 0 AV009\03Signs for Downtown Special Events\PC Reso 091134.doc 17 ITEM: 9.A. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: David A. Bobardt, Planning Director DATE: January 13, 2010 (PC Meeting of 1/26/2010)1)9 SUBJECT: Consider Regular Meeting Schedule, Time and Place BACKGROUND Section 12.1 of Resolution No. PC-2006-507 (Rules of Procedure for Commission Meetings and Related Functions and Activities), states that the Planning Commission shall hold regular monthly or bi-monthly meetings as determined by the Commission. As this is the first meeting of 2010, it is appropriate to set the Planning Commission calendar for the year. Moorpark Municipal Code Section 2.36.100 deems a regular meeting to be one that is set by law, rule of the Planning Commission, or any regularly advertised public hearing. DISCUSSION Planning Commission regular meetings for the past five years have been held the fourth Tuesday of each month, starting at 7:00 p.m. with additional special meetings as needed to accommodate heavier work loads, or to address Permit Streamlining Act constraints. Staff recommends that this schedule be maintained through 2010. A calendar reflecting this recommendation is attached. The calendar also indicates the dates of regularly scheduled City Council meetings for reference. STAFF RECOMMENDATION Approve the 2010 regular meeting schedule of the fourth Tuesday of each month starting at 7:00 p.m. at the Moorpark City Hall Community Center, 799 Moorpark Avenue, Moorpark, CA 93021. ATTACHMENT: 1. Recommended Regular Planning Commission Meeting Calendar \\Share\Community Development PLANNING COMMISSION'P C PoLICIES\agenaa reports\201o\pc to 0126 pc calendar.doc 18 ITEM 10.A. MINUTES OF THE PLANNING COMMISSION Moorpark, California October 27, 2009 A Regular Meeting of the Planning Commission of the City of Moorpark was held on October 27, 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 7:11 p.m. 2. PLEDGE OF ALLEGIANCE: Commissioner Di Cecco led the Pledge of Allegiance. 3. ROLL CALL: Present: Planning Commissioners Di Cecco, Taillon, Vice Chair Landis, and Chair Hamous. Absent: Planning Commissioner Bagwell Staff Present: David Bobardt, Planning Director; Joseph Vacca, Principal Planner; Freddy Carrillo, Assistant Planner I; 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.) 19 Minutes of the Planning Commission Moorpark, California Page2 October 27, 2009 A. Future Agenda Items CUP 2003-05 National Ready Mixed (Continued from August 25, 2009 to a date uncertain) 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 Mr. Bobardt briefly discussed announcements and future agenda items. 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-2009-549 prepared at the direction of the Planning Commission to approve Conditional Use Permit No. 2009-02. Mr. Carrillo presented the staff report. Questions from Commissioners followed regarding Special Condition Number 1: Separation of 30 minutes between end and beginning of each class; thirty minute break between each class due to parking issues, and clarification of group training sessions; Special Condition Number 10: Drop off and pick up of students; does this include adult students or group class sessions; and Special Condition Number 2: Applicant shall submit a parking plan to include a handout to the students and/or parents of where to park. Chair Hamous opened the Public Hearing. Dennis Haggard, applicant, discussed conditions and anticipated schedule of classes, anti-graffiti coating and that he would like to try other options to mitigate graffiti problems, and as part of the parking plan, he would like to dedicate two spaces for drop off and pick up on the side or in the front of the building . \tw pri_servdepartrnent share\Community Development PLANNING COMMISSIONWINUTES\2009\09_1027_pcm_draft doe 20 Minutes of the Planning Commission Moorpark, California Page 3 October 27, 2009 Mr. Bobardt responded to Mr. Haggard's questions and comments raised and discussed language for Condition Number 1: minimum separation of classes and has language that would work; Condition Number 4: Anti- Graffiti Coating; recommended that the condition remain as is; Condition Number 9: Hours of Operation; after Monday to Sunday add the clause 'exclusive of private training sessions' to provide clarification; Condition Number 10: drop off and pick up of students; discussed new language about students being dropped off and picked up. A discussion followed among Commissioners and staff regarding Condition Number 1: schedule change and that applicant will need to submit a schedule change even if there is no issue with the minimum separation; and Condition Number 4: Anti-Graffiti Coating; if this is a city- wide requirement. J. Richard Leyner, property owner of 690 Walnut, LLC, spoke about the graffiti issue and requested that we see if the presence of graffiti is reduced with lighting and prior to using anti-graffiti coating on the store front. Mr. Leyner suggested a Business Watch program to assist in controlling graffiti and requested that staff look into this with the Chamber. A discussion followed among Commissioners and Mr. Leyner regarding his request for a special condition requiring lighting approved by the Planning Director, if lighting does not resolve the graffiti problem then Mr. Leyner would be fine with the proposed condition requiring anti-graffiti coating, as stated. A discussion followed among Commissioners and staff regarding night time lighting. Chair Hamous closed the Public Hearing. A discussion followed among Commissioners regarding the anti-graffiti coating condition, and applicant trying to find alternative ways of addressing the graffiti issue, discussed low lighting within the parameters staff is comfortable with, lighting compatibility with neighboring residential properties, and motion sensor lighting. The Commission also discussed if anti-graffiti coating needs to be applied to both front and side elevations of the building and if anti-graffiti coating will be required on High Street in the future as the properties along the street develop. MOTION: Commissioner Di Cecco moved and Commissioner Taillon seconded a motion to approve staff recommendation, with changes as indicated by staff; (modifications to no. 1 and no. 10) including adoption of Resolution No. PC 2009- 549. The motion carried by voice vote 4-0, Commissioner Bagwell absent. \\mor pri_sery\deparMent share\Community Development'PLANNING COMMISSION'MINUTES\2009\09_1027_pern_draf.doc 21 Minutes of the Planning Commission Moorpark, California Page October 27, 2009 The Planning Commission has final approval authority for this project. 9. DISCUSSION ITEMS: None. 10. CONSENT CALENDAR MOTION: Vice Chair Landis moved and Commissioner Taillon seconded a motion to approve the Consent Calendar. The motion carried by voice vote 4-0, Commissioner Bagwell absent. A. Consider Approval of the Regular Meeting Minutes of September 22, 2009. Staff Recommendation: Approve the minutes. 11. ADJOURNMENT: MOTION: Vice Chair Landis moved and Commissioner Di Cecco seconded a motion to adjourn. The motion carried by voice vote 4-0, Commissioner Bagwell absent. The time was 7:54 p.m. Bruce A. Hamous, Chair David A. Bobardt, Planning Director \Mor_pri_servrdepartment share\Community Development\PLANNING COMMISSIONWINUTES2009W9_1027_pcm dratdoc 22