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Resolution No. 2010-552
PLANNING COMMISSION
REGULAR MEETING AGENDA
FEBRUARY 23, 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:
5. PUBLIC COMMENT:
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
All writings and documents provided to the majority of the Commission regarding all agenda items are
available for public inspection at the City Hall public counter located at 799 Moorpark Avenue during regular
business hours. The agenda packet for all regular Commission meetings is also available on the City's
website at www.ci.moorpark.ca.us.
Any member of the public may address the Commission during the Public Comments portion of the Agenda,
unless it is a Public Hearing or a Discussion item. Speakers who wish to address the Commission
concerning a Public Hearing or Discussion item must do so during the Public Hearing or Discussion portion
of the Agenda for that item. Speaker cards must be received by the Secretary for Public Comment prior to
the beginning of the Public Comments portion of the meeting; for a Discussion item, prior to the Chair's call
for speaker cards for each Discussion agenda item; and for a Public Hearing item, prior to the opening of
each Public Hearing, or beginning of public testimony for a continued hearing. A limitation of three minutes
shall be imposed upon each Public Comment and Discussion item speaker. A limitation of three to five
minutes shall be imposed upon each Public Hearing item speaker. Written Statement Cards may be
submitted in lieu of speaking orally for open Public Hearings and Discussion items. Any questions
concerning any agenda item may be directed to the Community Development/Planning office at 517-6233.
Regular Planning Commission Meeting Agenda
February 23, 2010
Page 2
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
8. PUBLIC HEARINGS: (next Resolution No. PC-2010-552)
A. Consider Conditional Use Permit No. 2009-03, a Request to Install a
Minor Wireless Communications Facility at an Existing Wireless
Communications Facility Location on the Ventura County Waterworks
District No. 1, Moorpark College Water Reservoir No. 2 Property, at 15698
Campus Park Drive, Approximately Eight-Hundred Feet Southeast of
Moorpark College, on the application of Nick Gonzalez for Clearwire. Staff
Recommendation: 1) Open the public hearing, accept public testimony
and close the public hearing; 2) Adopt Resolution No. PC-2010-
approving Conditional Use Permit No. 2009-03, subject to conditions.
(Staff: Freddy Carrillo)
B. Consider Resolution Approving Conditional Use Permit No. 2010-02, a
Request to Allow Approximately 26,000 Square Feet of an Existing 40,455
Square-Foot Industrial Building at 379 Science Drive to be Used as a
Place of Worship with Accessory Office and Classroom Uses, on the
application of John Kamus for Cornerstone Community Church. Staff
Recommendation: 1) Open the public hearing, accept public testimony
and close the public hearing; 2) Adopt Resolution No. PC-2010-
approving Conditional Use Permit No. 2010-02. (Staff: Joseph Fiss)
9. DISCUSSION ITEMS:
A. NONE
10. CONSENT CALENDAR:
A. Consider Approval of the Regular Meeting Minutes of January 26, 2010.
Staff Recommendation: Approve the minutes.
Regular Planning Commission Meeting Agenda
February 23, 2010
Page 3
11. ADJOURNMENT:
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, including auxiliary aids or services, please contact the Community Development Department at
(805) 517-6233. Upon request, the agenda can be made available in appropriate alternative formats to
persons with a disability. Any request for disability-related modification or accommodation should be made
at least 48 hours prior to the scheduled meeting to assist the City staff in assuring reasonable arrangements
can be made to provide accessibility to the meeting(28 CFR 35.102-35.104;ADA Title II).
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss
CITY OF MOORPARK )
AFFIDAVIT OF POSTING
AGENDA
I, Joyce R. Figueroa, declare as follows:
That I am the Administrative Assistant of the City of Moorpark and that an agenda of the
Regular Meeting of the Moorpark Planning Commission to be held on Tuesday,
February 23, 2010, at 7:00 p.m. in the Council Chambers of the Moorpark Community
Center, 799 Moorpark Avenue, Moorpark, California, was posted on February 19, 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 February 19, 2010.
,n R. l(On,1O
Joyce R. Figueroa, Administrative Assistant
ITEM: 8.A.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission \j,
FROM: David A. Bobardt, Community Development Director ) l
Prepared by Freddy A. Carrillo, Assistant Planner I
DATE: February 18, 2010 (PC Meeting of 02/23/10)
SUBJECT: Consider Conditional Use Permit No. 2009-03, a Request to Install a
Minor Wireless Communications Facility at an Existing Wireless
Communications Facility Location on the Ventura County Waterworks
District No. 1, Moorpark College Water Reservoir No. 2 Property, at
15698 Campus Park Drive, Approximately Eight-Hundred Feet
Southeast of Moorpark College
BACKGROUND
On July 30, 2009, an application for a Conditional Use Permit No. 2009-03 was filed by
Nick Gonzalez for Clearwire, an affiliate of Sprint. The applicant is requesting to install a
minor wireless communications facility, consisting of three panel antennas and three
parabolic dishes mounted at a height of 41 feet 9 inches on an existing 50 foot tall
monopine - wireless communications facility, and install a support equipment cabinet at
ground level, located at the Ventura County Waterworks District No. 1, Moorpark College
Water Reservoir No. 2 at 15698 Campus Park Drive (approximately eight-hundred feet
Southeast of Moorpark College).
For clarification purposes, in November 2008, Clearwire completed a transaction with
Sprint, in which Sprint combined its WiMAX high-speed wireless internet business with
Clearwire. As a result of the transaction, Sprint owns a majority interest in Clearwire;
however, Sprint and Clearwire operate as separate companies.
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Honorable Planning Commission
February 23, 2010
Page 2
DISCUSSION
Project Setting
Existing Site Conditions:
The project site is located on top of a hill at the Ventura County Waterworks District No. 1,
Moorpark College Water Reservoir No. 2. The site contains two large water tanks
approximately 26 feet 6 inches in height from adjacent grade. In addition, the site has two
monopoles;the first is approximately 62 feet 5 inches tall and the other is approximately 60
feet tall. There are also multiple antennas on-site ranging from approximately 11 feet to 17
feet 6 inches in height above grade. The new antennas are proposed to be installed on an
existing 50 foot tall monopine.
Moorpark College is located to the northwest, approximately 1,200 feet away from the site,
and the closest single-family homes are adjacent to College View Park, to the west of the
site, approximately 1,541 feet away. The site is located approximately 900 feet north of
State Route 118.
Previous Applications:
There are seven wireless communications facilities that have been approved on this
property, as follows:
• Resolution No. 1995-308 for Conditional Use Permit No. 1995-01 was approved by
the Planning Commission on July 24, 1995, to construct a 60 foot high monopole
with eight 4 foot tall panel antennas, and support equipment cabinets at ground
level. Permit Adjustment No. 2003-08 for CUP No. 1995-01 was approved by the
Community Development Director for a 2 foot tall parabolic dish and a 2 foot tall flat
panel antenna mounted on the monopole.
• Resolution No. 1998-353 for Conditional Use Permit No. 1997-05 was approved by
the Planning Commission on April 27, 1998, to install six 14 foot tall antennas and
support equipment cabinets at ground level.
• Resolution No. 2000-397 for Conditional Use Permit No. 2000-03 was approved by
the Planning Commission on October 9, 2000, to install three 12 foot tall support
poles to accommodate 12 antennas and support equipment cabinets at ground
level.
• Resolution No. 2000-399 for Conditional Use Permit No. 2000-04 was approved by
the Planning Commission on November 20, 2000, to install two 11 foot 6 inch tall
antennas, and four 13 foot 9 inch tall antennas and support equipment cabinets at
ground level.
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• Resolution No. 2002-434 for Conditional Use Permit No. 2002-04 was approved by
the Planning Commission on November 4, 2002, to install a 50' tall monopine with
fifteen (15) antennas, and support equipment cabinets at ground level. The Permit
expired on November 4, 2003, and was resubmitted under Conditional Use Permit
No. 2004-03.
• Resolution No. 2004-464 for Conditional Use Permit No. 2004-03 was approved by
the Planning Commission on November 16, 2004, to install a 50 foot tall monopine
with 15 antennas, and support equipment cabinets at ground level.
• Resolution No. 2006-500 for Conditional Use Permit No. 2006-01 was approved by
the Planning Commission to install six panel antennas mounted to six 17 foot 5 inch
tall poles and support equipment cabinets at ground level.
GENERAL PLAN/ZONING
Direction General Plan Zoning Land Use
Site OS-2 OS Water Tanks and Wireless
(Open Space) (Open Space) Communications Facilities
North
0S-2 OS Grazing Land
(Open Space) (Open Space)
South 0S-2 OS Grazing Land and State
(Open Space) Space' 118
East
0S-2 OS Grazing Land
(Open Space) (Open Space)
OS
0S-2 (Open Space)
(Open Space) RE-lac Grazing Land, Moorpark
West M (Rural Exclusive 1-acre) College, and Single-family
(Medium Density) RPD-15u Residential
S (Schools) (Residential Planned
Development — 15 units
per acre)
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 Sections 17.42.070.B,
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.
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Proposed Project
Antennas:
This proposed wireless communication facility consists of three panel antennas and three 2
foot diameter parabolic antennas mounted upon an existing 50 foot tall monopine. The
proposed facility will transmit signals between the panel antennas and wireless telephones
and computers within the coverage area. It will provide wireless coverage in the residential
communities in the northern part of the City and Moorpark College. The proposed panel
antennas measure 34 inches in height, and are approximately 12 inches in width, and are
proposed to have a maximum height of 40 feet 9 inches above adjacent grade. The
microwave dish is also proposed to be located on the monopine at a maximum height of 40
feet above the adjacent grade. In the Open Space Zone, there is a maximum allowable
height of 35 feet; however, a utility mounted facility such as this may exceed the maximum
building height limit, if approved by the Planning Commission. The applicant has indicated
that a 6 foot height reduction would significantly reduce the coverage footprint for this
installation. The typical antenna height for most Clearwire/Sprint installations is 41 feet,
which gives a coverage radius of approximately three miles. If the antenna was lowered
this would reduce the intended coverage objective. The lower the antenna height, more
sites are required to cover a certain area. Additionally vertical and horizontal separation
must be maintained from the existing set of antennas on the adjacent poles. This
separation is required so that interference is not created for the multiple existing carriers.
Equipment Enclosure:
The applicant also proposes to lease an area that is 15 foot 5 inches wide, by 21 feet long
to accommodate the addition of one support equipment cabinet,adjacent to the monopines
4 existing support equipment cabinets, all at ground level. The equipment will 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, due to its size. Additionally, staff
has added a Condition of Approval that the color of the equipment shall be painted a non-
reflective color. 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 surrounding existing
residential developments and Moorpark College, 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.
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Parking:
The proposed unmanned wireless communications facility generates a minimal amount of
traffic (only that necessary to periodically monitor and maintain the facility). A facility
technician will visit the facility an average of once a month, using the existing Ventura
County Water Works access road that is accessible from Arroyo Drive. A condition of
approval has been added that the applicant shall obtain a permanent access agreement or
contract from the Ventura County Water Works to ensure accessibility to the site for
maintenance. Proof of such agreement or contract shall be provided to the City of
Moorpark prior to issuance of a Zoning Clearance for construction.
ANALYSIS
Issues
Staff analysis of the proposed project has identified aesthetics as an issue for Planning
Commission consideration in their decision.
Aesthetics:
Currently, the site has two water above ground water tanks, three 60 foot tall wireless
telecommunication poles, and numerous stub-mounted antennas. The proposed three
antennas that will be located on an existing monopine, are consistent with the height and
design of the existing wireless communications facility, therefore, the proposal does not
significantly alter the existing aesthetics of the site. The proposed above-grade equipment
pad and telecommunications equipment will be screened by an existing 4 foot 8 inch
earthen-berm located on the east side of the proposed pad. The site currently has a six
foot (6') chain-link perimeter fence around the pad. Staff has added a Condition of
Approval to paint the panels to match the existing monopine. In addition, staff has also
added a Condition of Approval to enhance the site landscaping to improve the screening of
the existing chain-link fence and utilities.
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 site is currently used by Ventura County Waterworks
and other cellular providers. The site of the existing monopine wireless
communications facility has been determined to be an appropriate location for
wireless communications facilities by the city.
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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 are to be painted to match
the color of the existing monopine and the proposed equipment area is to be
landscaped to improve the screening of the facility.
D. The proposed use would not be obnoxious or harmful, or impair the utility of
neighboring property or uses, in that the proposed use will be mounted onto an
existing monopine; 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, in that
the cellular facility will be placed on an existing monopine wireless communications
facility.
B. The proposed facility will be an enhancement to the City due to its ability to provide
additional communication capabilities in the northern part of the City.
C. The proposed facility will be aesthetically integrated into its surrounding land uses
and natural environment, in that it will be painted a color that will be compatible with
the colors of the existing monopine.
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 Clearwire/Sprint
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 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).
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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 Deemed Complete: February 10, 2010
Planning Commission Action Deadline: May 9, 2010
Upon agreement by the City and Applicant, one 90-day extension can be granted to the
date action must be taken on the application.
ENVIRONMENTAL DETERMINATION
In accordance with the City's environmental review procedures adopted by resolution, the
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.
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
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Honorable Planning Commission
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significant adverse impacts and adequate mitigation cannot be readily identified, an
Environmental Impact Report (ER) is prepared.
The Community Development Director has reviewed this project and found it 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- approving Conditional Use Permit No. 2009-03,
subject to conditions.
ATTACHMENTS:
1. Location Map
2. Aerial Location Map
3. Project Exhibits
A. Photosimulation
B. Site Plan
C. Equipment and Antenna Layout Plan with Proposed Landscaping
D. Elevations
E. Monopine Elevation
4. Coverage Area Project
5. Draft Resolution No. PC-2010- with Conditions of Approval
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Location Map
Conditional Use Permit No. 2009-03
Ventura County Waterworks District No. 1 , Moorpark College Water Reservoir No. 2
at 15698 Campus Park Drive (Approximately Eight-Hundred Feet Southeast of Moorpark College)
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Conditional Use Permit No. 2009-03
Ventura County Waterworks District No. 1 , Moorpark College Water Reservoir No. 2
at 15698 Campus Park Drive (Approximately Eight-Hundred Feet Southeast of Moorpark College)
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PROJECT EXHIBITS
A. Photosimulation
B. Site Plan
C. Equipment and Antenna Layout Plan with
Proposed Landscaping
D. Elevations
E. Monopine Elevation
(UNDER SEPARATE COVER)
COPIES OF THE EXHIBITS ARE AVAILABLE
UPON REQUEST OF THE PROJECT PLANNER
PC ATTACHMENT 3
11
NOTE: The new antennas will provide high speed wireless broadband to the proposed coverage area.
Currently, this service is not available via the existing Sprint/Nextel equipment at this site
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RESOLUTION NO. PC-2010-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF MOORPARK, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. 2009-03 TO INSTALL A
MINOR WIRELESS COMMUNICATIONS FACILITY, ON AN
EXISTING FACILITY, LOCATED AT THE VENTURA
COUNTY WATERWORKS DISTRICT NO. 1, MOORPARK
COLLEGE WATER RESERVOIR NO. 2 PROPERTY, AT
15698 CAMPUS PARK DRIVE, ON THE APPLICATION OF
NICK GONZALEZ FOR CLEARWIRE/SPRINT
WHEREAS, at a duly noticed public hearing on February 23, 2010 the
Planning Commission considered Conditional Use Permit (CUP) No. 2009-03 on
the application of Nick Gonzalez for the installation three (3) panel antennas and
three (3) parabolic dishes mounted at a height of forty-one feet and nine inches
(41'9") on an existing fifty-foot (50') tall monopine wireless communications
facility, and installation of one (1) support equipment cabinet at ground level,
located at Ventura County Waterworks District No. 1, Moorpark College Water
Reservoir No. 2 property, located at 15698 Campus Park Drive; and
WHEREAS, at its meeting of February 23, 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
February 23, 2010 reached a decision on this matter; and
WHEREAS, the Planning Commission concurs with the Community
Development 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 the
proposed use, height, setbacks and improvements are consistent with City
Code requirements.
PC ATTACHMENT 5
14
Resolution No. PC-2010-
Page 2
B. The proposed use is compatible with both existing and permitted land
uses in the surrounding area, in that the site is currently used by Ventura
County Waterworks and other cellular providers. The site of the existing
monopine wireless communications facility has been determined to be an
appropriate location for wireless communications facilities by the city.
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
are to be painted to match the color of the existing monopine and, the
proposed equipment area is to be landscaped to improve the screening of
the facility.
D. The proposed use would not be obnoxious or harmful, or impair the utility
of neighboring property or uses, in that the proposed use will be mounted
onto an existing monopine; 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:
A. The proposed facility will not create any significant blockage to public
views, in that the cellular facility will be placed on an existing monopine
wireless communications facility.
B. The proposed facility will be an enhancement to the City due to its ability
to provide additional communication capabilities in the northern part of the
City.
C. The proposed facility will be aesthetically integrated into its surrounding
land uses and natural environment, in that it will be painted a color that will
be compatible with the colors of the existing monopine.
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
Clearwire/Sprint 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 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
15
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. 2009-03 subject to the
Standard and Special Conditions of Approval found in Exhibit A attached.
SECTION 4. FILING OF RESOLUTION: The Community Development
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 23fd day of February, 2010.
Bruce Hamous, Chair
David A. Bobardt
Community Development Director
Exhibit A— Standard and Special Conditions of Approval
16
EXHIBIT A
STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR
CONDITIONAL USE PERMIT (CUP) No. 2009-03
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
ground level equipment cabinet, 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 the issuance of a Zoning Clearance for building permits, the
applicant shall submit all construction plans for review and approval by the
Planning Division.
3. Prior to approval of a Zoning Clearance for building permits, 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 Community Development Director. The Director may
require additional screening after the installation of the antenna, if it is
deemed necessary.
4. Prior to issuance of a zoning clearance for building permits, the
mechanical equipment must be shown on the plans to be located in an
area so it will not be visible from adjacent properties, to the satisfaction of
the Community Development Director.
5. The applicant shall paint all panel antennas and parabolic dishes, and any
other exposed Clearwire/Sprint cellular equipment to match the color of
the existing monopine to the satisfaction of the Community Development
Director prior to the approval of a zoning clearance for the final approval of
the facility.
6. In the event that this antenna array is abandoned, the applicant shall
remove the facility within ninety (90) days at the request of the Community
Development Director.
17
OPERATIONAL CHARACTERISTICS
7. 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.
8. 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
9. 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 Community Development Director.
10. Prior to the issuance of a Zoning Clearance for construction, a Landscape
Plan shall be submitted to the Planning Division to improve the screening
of the existing utility, for review and approval by the Community
Development 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.
11. 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 Community Development Director, shall be provided to the City prior to
the 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.
12. 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.
18
13. 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-
19
ITEM 8_B.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission '\- 72
FROM: David A. Bobardt, Community Development Director /'
Prepared by Joseph Fiss, Principal Planner \\! YYY
DATE: February 9, 2010 (PC Meeting of 212312010)
SUBJECT: Consider Resolution Approving Conditional Use Permit No. 2010-02, a
Request to Allow Approximately 26,000 Square Feet of an Existing
40,455 Square-Foot Industrial Building at 379 Science Drive to be Used
as a Place of Worship with Accessory Office and Classroom Uses, on
the application of John Kamus for Cornerstone Community Church
BACKGROUND
On January 29, 2010, John Kamus, for Cornerstone Community Church, filed an
application for a Conditional Use Permit to allow approximately 26,000 square feet of an
existing 40,455 square-foot industrial building at 379 Science Drive to be used as a place
of worship with accessory office and classroom uses.
Currently, the 250 member congregation uses the Moorpark College Campus Center for
9:00 a.m. and 10:30 a.m.worship services on Sundays. Additionally, the church uses five
(5) classrooms on campus for education purposes, and Suite 116 at 530 Los Angeles
Avenue for office, education, and conference purposes. If approved, this facility will
combine the various uses on this one site.
DISCUSSION
Project Setting
Existing Site Conditions:
The 57-acre Freeway Business Center includes a mix of office, light manufacturing,
warehouse, and distribution uses. Access to the center is from Los Angeles Avenue, west
of State Route 23. The existing 40,455 square foot industrial building sits on a 2.28 acre
site on the west side of Science Drive within the industrial park. A light industrial use
occupies 14,455 square feet of this building. The rest of the building is currently vacant.
\Mor_pri_serv\Department Share\Community Development\DEV PMTS\C U P\2010\2010-02 Cornerstone Community
ChurchWgenda Repods\PC Agenda Report 100223.doc
20
Honorable Planning Commission
February 23, 2010
Page 2
Previous Applications:
On February 5, 1997, the City Council approved Industrial Planned Development Permit
No. 96-2 for construction of six industrial buildings, and on May 18, 1997, the Planning
Commission approved Tentative Parcel Map No.4287 for subdivision of the 6.957acre site
into five lots.
GENERAL PLAN/ZONING _
Direction General Plan Zoning Land Use
Site I-1 (Light Industrial) M-1 (Industrial Park) Light Industrial
North I-1 (Light Industrial) M-1 (Industrial Park) Light Industrial
South 1-1 (Light Industrial) _ M-1 (Industrial Park) Light Industrial
East 1-1 (Light Industrial) M-1 (Industrial Park) Light Industrial
West Floodway _ M-1 (Industrial Park) Arroyo Simi
General Plan and Zoning Consistency:
The Light Industrial land use designation in the General Plan is intended to provide for a
variety of light industrial service, technical research, and business office uses within the
City. Places of worship are compatible with this designation. The Zoning Ordinance
requires Planning Commission approval of a Conditional Use Permit for places of worship
in the Industrial Park (M-1) Zone. This allows for consideration of the compatibility of the
proposed use with surrounding uses in making findings on the application,and adoption of
conditions of approval as deemed necessary.
Project Summary
Proposed Project
Architecture:
The exterior of the building will remain unchanged with the exception of two roll up doors at
the rear of the building that are proposed to be converted to glass "storefront" doors for
pedestrian entry and exit. These changes will not be visible from Science Drive, although
the proposed doors will be considered the main entrance during worship periods and other
group activities.
Parking:
Parking is the major land use issue for places of worship in industrial zones. A complete
review of this issue is provided below in the Analysis section.
21
Honorable Planning Commission
February 23, 2010
Page 3
Land Use Compatibility:
The Moorpark Zoning Ordinance allows "Places of Worship"subject to a Conditional Use
Permit in the M-1 (Industrial Park)zone. Light industrial,warehousing,and business office
uses are typically not in operation on weekends, which is when most places of worship
have the greatest demand for parking. Places of worship do sometimes outgrow their
facility overtime, which could result in parking problems. By setting a review timeframe as
a condition of the Conditional Use Permit, the City can ensure that the use maintains its
compatibility in the area. A condition of approval is recommended restricting this permit to
a fifteen (15) year time limit that can be renewed at five (5) year intervals by the
Community Development Director provided compliance with all terms of the Conditional
Use Permit can be shown.
ANALYSIS
Issues
Staff analysis of the proposed project has identified the following issue area for Planning
Commission consideration:
Parking:
Parking Supply: 101 parking spaces are provided on site to serve both the existing light
industrial use and the proposed church at 379 Science Drive. Street parking is not
available on Science Drive.
Parking Demand: For places of religious worship, the Zoning Ordinance requires one (1)
parking space per eighty (80) square feet of main auditorium (sanctuary or place of
worship) and classrooms, plus one (1) parking space per three-hundred (300)square feet
of offices. This requirement is based on the most intense parking need, when the
sanctuary is in use. Places of worship are unique in that their parking requirements differ
based on the activities occurring at any particular time. Additionally,the parking ordinance
allows shared parking, reducing the minimum required parking spaces by up to twenty-five
(25) percent when it can be determined that due to the operational characteristics of the
on-site uses, parking demands will occur at different times and also that, when a parking
standard is not indicated the parking standard can be established based on the type of
use, location of use, number of employees, traffic generated and good planning practice.
This allows flexibility in parking standards for unique circumstances.
For this proposed use, the parking ordinance requires 77 parking spaces for 6,129 square
feet of main auditorium and classrooms AND 4 parking spaces for 1,336 square feet of
offices. It should be noted that this does not take into consideration conference rooms,
multi-purpose rooms, childcare areas, and other accessory areas such as restrooms and
lobbies. The light industrial use in the other part of the building requires 19 parking spaces,
bringing total parking required for the site to 100 spaces, one less than the 101 spaces
provided on site.
22
Honorable Planning Commission
February 23, 2010
Page 4
The applicant has provided a parking analysis and matrix showing the parking
requirements for their particular operation (PC Attachments 3c and 3d). The greatest
demand would occur if the multi-purpose rooms, classrooms, and sanctuary are used at
the same time, in which case approximately 134 parking spaces would be needed, 34
more than required by the Zoning Ordinance. Although the current programming of the
church does not involve use of the multi-purpose rooms at the same time as the sanctuary,
a condition is recommended requiring parking agreements to obtain sufficient spaces,
should this ever occur in the future. The applicant has provided a preliminary agreement
with the owner of the adjacent building at 353 and 357 Science Drive, indicating that they
will be allowed the use of 45 additional additional parking spaces on weekends and
holidays, for a total of 146 parking spaces. This number of parking spaces is appropriate
for a congregation of about 300 members.
Findings
1. The proposed use is consistent with the provisions of the general plan,
zoning ordinance, and any other applicable regulations in that places of worship are
conditionally permitted within the zone, and conditions of approval have been proposed to
mitigate potential problems;
2. The proposed use as conditioned is compatible with both existing and
permitted land uses in the surrounding area in that the primary hours of operation do not
conflict with those of the surrounding business park;
3. The proposed use as conditioned is compatible with the scale, visual
character, and design of surrounding properties in that there will be only limited changes to
the exterior of the building as a result of the application;
4. The proposed use would not be obnoxious or harmful, or impair the utility of
neighboring property or uses in that conditions of approval have been proposed to
regarding parking, noise, and hours of operation; and
5. The proposed use as conditioned would not be detrimental to the public
health, safety, convenience, or welfare in that the operation of this place of worship is
compatible with the surrounding light industrial uses due to the hours of operation and that
conditions have been imposed limiting hours of operation and requiring appropriate parking
for the facility.
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:
23
Honorable Planning Commission
February 23, 2010
Page 5
Date Application Determined Complete: February 1, 2010
Planning Commission Action Deadline: May 1, 2010
Upon agreement by the City and Applicant, one 90-day extension can be granted to the
date action must be taken on the application.
ENVIRONMENTAL DETERMINATION
In accordance with the City's environmental review procedures adopted by resolution, the
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.
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 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; and
2. Adopt Resolution No. PC-2010- approving Conditional Use Permit No. 2010-
02.
ATTACHMENTS:
1. Location Map
2. Aerial Photograph
3. Project Exhibits
A. Site Plan
B. Floor Plan
C. Parking Analysis
D. Parking Matrix
4. Draft PC Resolution with Conditions of Approval
24
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LOCATION MAP
379 SCIENCE DRIVE
PC ATTACHMENT 1
25
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PC ATTACHMENT 2
26
PROJECT EXHIBITS
A. Site Plan
B. Floor Plan
C. Parking Analysis
D. Parking Matrix
(UNDER SEPARATE COVER)
COPIES OF THE EXHIBITS ARE AVAILABLE
UPON REQUEST OF THE PROJECT PLANNER
PC ATTACHMENT 3
27
RESOLUTION NO. PC-2010-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. 2010-02 TO ALLOW
APPROXIMATELY 26,000 SQUARE FEET OF AN EXISTING
40,455 SQUARE FOOT INDUSTRIAL BUILDING TO BE USED AS
A PLACE OF WORSHIP WITH ACCESSORY OFFICE AND
CLASSROOM USES AT 379 SCIENCE DRIVE ON THE
APPLICATION OF JOHN KAMUS FOR CORNERSTONE
COMMUNITY CHURCH
WHEREAS, at a duly noticed public hearing on February 23, 2010, the Planning
Commission considered Conditional Use Permit (CUP) No. 2010-02 on the application
of John Kamus for Cornerstone Community Church for a Conditional Use Permit to
allow approximately 26,000 square feet of an existing 40,455 square foot industrial
building to be used as a place of worship with accessory office and classroom uses at
379 Science Drive; and
WHEREAS, at its meeting of February 23, 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 reached a decision on this
matter; and
WHEREAS, the Planning Commission concurs with the Community Development
Director's determination that this project is Categorically Exempt from the provisions of
CEQA pursuant to Section 15301 as a Class 1 exemption for Existing Facilities
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. CONDITIONAL USE PERMIT FINDINGS: Based upon the
information set forth in the staff report(s), accompanying studies, and oral and written
public testimony, the Planning Commission makes the following findings in accordance
with City of Moorpark, Municipal Code Section 17.44.040:
1. The proposed use is consistent with the provisions of the general plan,
zoning ordinance, and any other applicable regulations in that places of worship are
conditionally permitted within the zone, and conditions of approval have been proposed
to mitigate potential problems;
2. The proposed use as conditioned is compatible with both existing and
permitted land uses in the surrounding area in that the primary hours of operation do not
conflict with those of the surrounding business park;
Wnor_pri_senADepartment Share\Community Development\DEV PMTS\C U P\2010\2010-02 Cornerstone Community
Church\Resolutions\PC Reso 100223.doc
PC ATTACHMENT 4
28
Resolution No. PC-2010-
Page 2
3. The proposed use as conditioned is compatible with the scale, visual
character, and design of surrounding properties in that there will be only limited changes
to the exterior of the building as a result of the application;
4. The proposed use would not be obnoxious or harmful, or impair the utility
of neighboring property or uses in that conditions of approval have been proposed to
regarding parking, noise, and hours of operation; and
5. The proposed use as conditioned would not be detrimental to the public
health, safety, convenience, or welfare in that the operation of this place of worship is
compatible with the surrounding light industrial uses due to the hours of operation and
that conditions have been imposed limiting hours of operation and requiring appropriate
parking for the facility.
SECTION 2. PLANNING COMMISSION APPROVAL: the Planning
Commission herby approves Conditional Use Permit No. 2010-02 subject to the
Standard and Special Conditions of Approval found in Exhibit A attached.
SECTION 3. FILING OF RESOLUTION: The Community Development
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 23rd day of February 2010.
Bruce Hamous, Chair
David A. Bobardt
Community Development Director
Exhibit A— Standard and Special Conditions of Approval
29
Resolution No. PC-2010-
Page 3
EXHIBIT A
STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE
PERMIT (CUP) No. 2010-02
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's acceptance of this permit and/or commencement of construction
and/or operations under this permit is deemed to be acceptance of all conditions
of this permit.
2. The Conditions of Approval of this permit, City of Moorpark Municipal Code and
adopted city policies at the time of the permit approval supersede all conflicting
notations, specifications, dimensions, typical sections and the like which may be
shown on plans.
3. Conditions of this entitlement may not be interpreted as permitting or requiring
any violation of law or any unlawful rules or regulations or orders of an authorized
governmental agency.
4. Conditional Use Permit 2010-02 is valid for a period of fifteen (15) years, to
February 23, 2025. The permit can be renewed for five (5) year intervals by the
Community Development Director through a Permit Adjustment provided
compliance with all terms of the original Conditional Use Permit can be shown.
The Applicant is solely responsible for the timely renewal of this permit. An
application for Permit Adjustment for time extension shall be filed in writing with
the Community Development Director at least sixty (60) calendar days prior to
the date of expiration and shall be accompanied by the submittal requirements
specified by the director and the appropriate filing fee. In considering a request
for a time extension, the Community Development Director may approve the
request, deny the request, or modify or add to any conditions of approval
originally imposed due to changed circumstances since the permit or exception
was originally considered.
5. The applicant shall defend, indemnify and hold harmless the City and its agents,
officers and employees from any claim, action or proceeding against the City or
its agents, officers or employees to attack, set aside, void, or annul any approval
30
Resolution No. PC-2010-
Page 4
by the City or any of its agencies, departments, commissions, agents, officers, or
employees concerning the permit, which claim, action or proceeding is brought
within the time period provided therefore in Government Code Section 66499.37.
The City will promptly notify the applicant of any such claim, action or
proceeding, and if the City should fail to do so or should fail to cooperate fully in
the defense, the applicant shall not thereafter be responsible to defend,
indemnify and hold harmless the City or its agents, officers and employees
pursuant to this condition.
a. The City may, within its unlimited discretion, participate in the defense
of any such claim, action or proceeding, if both of the following occur:
i. The City bears its own attorney fees and costs;
ii. The City defends the claim, action or proceeding in good faith.
b. The applicant shall not be required to pay or perform any settlement of
such claim, action or proceeding unless the settlement is approved by
the applicant. The applicant's obligations under this condition shall
apply regardless of whether a building permit is ultimately obtained, or
final occupancy is ultimately granted with respect to the permit.
6. If any of the conditions or limitations of this approval are held to be invalid, that
holding shall not invalidate any of the remaining conditions or limitations set forth.
7. The development must be in substantial conformance with the plans presented in
conjunction with the application for Conditional Use Permit No. 2010-02, except
any modifications as may be required to meet specific Code standards or other
conditions stipulated herein.
8. All necessary permits must be obtained from the Building and Safety Department
and all construction shall be in compliance with the Moorpark Building Code and
all other applicable regulations.
9. Approval of a Zoning Clearance is required prior to the issuance of building
permits. All other permit and fee requirements must be met.
10.A minimum separation of 30 minutes between activities in the sanctuary must be
maintained throughout the term of this permit. Use of the multi-purpose rooms
for assembly purposes during the same time as use of the sanctuary for
assembly may only occur if parking agreement(s) in a form to the satisfaction of
the Community Development Director are provided, demonstrating a total
availability of 134 parking spaces for the place of worship during the time both
spaces are used.
11.For indoor or outdoor events that are not considered part of the everyday
operation of the place of worship, the applicant shall apply for and secure a
Temporary Use Permit from the Community Development Department. Such
application must 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 Community Development Director may require, based upon the
31
Resolution No. PC-2010-
Page 5
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.
12.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.
13.A separate sign permit application is required for all proposed signs.
14.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 Community
Development Director.
15.AII exterior areas of the site, including parking areas under use by the facility,
shall be maintained free of litter and debris at all times.
16.Conditional Use Permit No. 2010-02 may be revoked or its use suspended by the
City, if any of the causes listed in Section 17.44.080.B of the Zoning Code are
found to apply, including if the use for which the permit was granted has not been
exercised for at least twelve (12) consecutive months, has ceased to exist, or has
been abandoned. The discontinuance for a period of one hundred eighty (180) or
more days of a nonconforming use or a change of nonconforming use to a
conforming use constitutes abandonment and termination of the nonconforming
status of the use.
17.The City of Moorpark reserves the right to modify, suspend or revoke for cause
this conditional use permit consistent with Chapter 17.44 of the Moorpark
Municipal Code or as may be amended in the future.
32
ITEM 10.A.
MINUTES OF THE PLANNING COMMISSION
Moorpark, California January 26, 2010
A Regular Meeting of the Planning Commission of the City of Moorpark was held on
January 26, 2010, 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 7:08 p.m.
2. PLEDGE OF ALLEGIANCE:
Commissioner Bagwell led the Pledge of Allegiance.
3. ROLL CALL:
Present: Planning Commissioners Bagwell, Di Cecco, Taillon, Vice
Chair Landis, and Chair Hamous.
Staff Present: David Bobardt, Community Development Director; Joseph
Fiss, Principal Planner; Freddy Carrillo, Assistant Planner I;
and Joyce Figueroa, Administrative Assistant.
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)
MOTION: Commissioner Landis moved and Commissioner Taillon seconded a motion
to nominate Commissioner Hamous as Chair. The motion carried by unanimous voice
vote.
33
Minutes of the Planning Commission
Moorpark, California Page January 26, 2010
MOTION: Commissioner Di Cecco moved and Commissioner Bagwell seconded a
motion to nominate Commissioner Landis as Vice Chair. The motion carried by
unanimous voice vote.
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
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
Mr. Bobardt briefly discussed announcements and future agenda items.
Chair Hamous congratulated David Bobardt on his promotion to Community
Development Director.
Chair Hamous congratulated Commissioner Di Cecco on receiving his Doctorate
degree in Architecture.
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
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Minutes of the Planning Commission
Moorpark, California Page 3 January 26, 2010
No. PC-2010-550, to approve Conditional Use Permit No. 2010-01 subject
to conditions of approval. (Staff: Freddy Carrillo)
Mr. Carrillo presented the staff report.
Questions from Commissioners followed regarding outdoor storage use,
including Condition No. 5 regarding the intent of the condition that the
property owner is going to allow the City to come in and enforce the no
overnight storage or maintenance of vehicles, Condition No. 6 regarding
the property owner shall provide an easement to the City and County of
Ventura to the satisfaction of the Community Development Director; and
concern about the tenant not owning the building, and discussion
regarding Condition No. 7; Knox box use.
Chair Hamous opened the public hearing.
John W. Newton, Newton and Associates, applicant representative
provided the Commission with copies of a Business Plan from Tom
Lindstrom RV, Inc. and a letter dated October 10, 2006, regarding
Administrative Permit 2006-11. Mr. Newton discussed the sales revenue
table of the business plan and stated this Conditional Use Permit is
amending an Administrative Permit that was approved for the operation of
the existing indoor RV storage use. Also discussed was Condition No. 5,
page 12 of the staff report regarding no overnight parking, and Condition
No. 5 of Administrative Permit; would like proposed Condition No. 5 for the
new application to be the same as the existing Condition No. 5 of the
Administrative Permit. Regarding Condition No. 7; he would like to
eliminate the Knox box as this is an unnecessary expense and would like
to leave things as they are currently. Regarding Condition No. 6; would
like this completely removed in its entirety and not require easements of
this sort, and stated the requirement to secure an easement is
unnecessary. Emergency folks will go where they need to go. There is no
legal requirement to have an easement for emergency access.
Philip Ochoa, property owner 5231 Maureen Lane spoke in favor of the
project and stated this is a great use of the property and of the building.
At this point David Bobardt, Community Development Director, addressed
Condition No. 5; staff is supportive of the change to use the same wording
that is in the Administrative Permit, regarding Condition No. 7; staff met
with the Fire Department at the site who indicated that access through the
driveway is not needed to respond to the property, but more in terms of an
evacuation of the area having the gates open in the event Maureen Lane
or Goldman Avenue is blocked.
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Minutes of the Planning Commission
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A discussion followed among the Commission and staff regarding the
preference of a Knox box versus break-away locks. Mr. Bobardt stated
that the Fire and Police Departments stated they could get through either
one, however, the Police Department said a Knox box would be
preferable. An e-key would work for an electric gate, although this
particular gate is not electric. The City has used a Knox box at the gate at
Poindexter Park where there is an egress for the neighborhood to the
shopping center as an emergency exit. Regarding Condition No. 7, staff is
recommending a Knox box. Discussion also followed regarding the
recommended requirement for an easement across the driveway of the
property; to have this easement work would require four easements on
four separate properties. The ultimate intent is that all four easements be
obtained.
Chair Hamous closed the public hearing.
A discussion followed among Commissioners regarding the Knox box and
breakaway box. A recommendation was made to require a condition that
the tenant maintain the gate, are fine with replacing Condition No. 5, to
match language of Condition No. 5 of the Administrative Permit, would like
to remove Condition No. 6 from the approval and replace it with idea of
maintaining the gate, and Condition No. 7, Knox box or breakaway box is
fine. Regarding Condition No. 6, word condition so that tenant maintains
the gate in place to allow for emergency access. Suggestion that Knox
box be mounted on the pole and maintained with the key for the padlock
they have on the gate. This does not restrict the use of a breakaway box.
Moved that we replace Condition No. 5 to match language of Condition
No. 5 of Administrative Permit, strike Condition No. 6 language and
include language that was discussed for maintenance of the gate, and
Condition No. 7 leave the Knox box and can also leave a breakaway box
as well.
MOTION: Chair Hamous moved and Vice Chair Landis seconded a motion to
approve staff recommendation, with changes as indicated by staff; (modifications
to Conditions No. 5, No. 6 and No. 7) including adoption of Resolution No. PC
2010-550. The motion carried by unanimous voice vote.
The Planning Commission has final approval authority for this project.
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)
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Minutes of the Planning Commission
Moorpark, California Page 5 January 26, 2010
Open the public hearing, accept public testimony and close the public
hearing; 2) Adopt Resolution No. PC-2010-551 recommending to the City
Council approval of ZOA 2009-03. (Staff: Joseph Fiss)
Mr. Fiss presented the staff report.
Questions from Commissioners followed regarding institutional zones in
Moorpark, directional design clarification, whether this allows open house
signs with directional arrow signs, if Moorpark College is considered
institutional, time frame for removing signage, and A-frame sign
dimensions.
Chair Hamous opened the Public Hearing.
There were no speakers for this item.
Chair Hamous closed the Public Hearing.
MOTION: Chair Hamous moved and Commissioner Di Cecco seconded a motion
to approve staff recommendation, including adoption of Resolution No. PC 2010-
551. The motion carried by unanimous voice vote.
The City Council has final approval authority for this project.
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)
CONSENSUS: It was the consensus of the Commission to approve staffs
recommendation.
10. CONSENT CALENDAR
MOTION: Commissioner Di Cecco moved and Commissioner Taillon seconded a
motion to approve the Consent Calendar. The motion carried by unanimous voice vote.
A. Consider Approval of the Regular Meeting Minutes of October 27, 2009.
Staff Recommendation: Approve the minutes.
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Minutes of the Planning Commission
Moorpark.California Page6 January 26, 2010
11. ADJOURNMENT:
MOTION: Commissioner Di Cecco moved and Vice Chair Landis seconded a
motion to adjourn. The motion carried by unanimous voice vote. The time was
8:20 p.m.
Bruce A. Hamous, Chair
David A. Bobardt, Planning Director
SAnommunitv OevelonmentPLANNING COMMISSIONVv1INIJTES\2010\10 0126_pcm_drak.doc ,,,,