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Resolution No. 2010-556
PLANNING COMMISSION
REGULAR MEETING AGENDA
SEPTEMBER 28, 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. City Clerk Administers the Oath of Office to New Planning
Commissioner Daniel Groff.
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
September 28, 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. CUP 2010-03 Wireless Facility
iii. CUP 2010-04 Lighthouse Church
iv. CUP 2010-07 Moorpark General Store
v. Housing Element Update
vi. Rescinding Toll Mazur DA, GPA, ZC
vii. ZOA 2007-01 Wireless Facilities — SB 1627
viii. ZOA 2010-01 Taxicab Ordinance
ix. ZOA 2010-02 Massage Establishment Regulations
x. ZOA 2010-03 Emergency Shelters etc.
8. PUBLIC HEARINGS: (next Resolution No. PC-2010-556)
A. Consider Conditional Use Permit No. 2010-05, a Conditional Use Permit
to Allow a Tattoo, Cosmetic Tattoo, and Body Piercing Establishment,
within a 1,322 Square-Foot Tenant Space, Located at 6593 Collins Drive,
Suite D1 B, of the Campus Plaza Shopping Center, on the Application of
Richard Sutherland. Staff Recommendation: 1) Remove Conditional Use
Permit No. 2010-05 from the agenda. (Staff: Freddy Carrillo)
B. Consider Conditional Use Permit (CUP) No. 2010-06 for an Approximately
1,400 Square-Foot Microbrewery within an Existing Industrial Building at
680 Flinn Avenue No. 31, on the Application of Christopher R. Enegren
(Enegren Brewing Co.). 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 2010-06.
(Staff: Joseph Vacca)
9. DISCUSSION ITEMS:
10. CONSENT CALENDAR:
A. Consider Approval of the Regular Meeting Minutes of May 25, 2010. Staff
Recommendation: Approve the minutes.
B. Consider Approval of the Special Meeting Minutes of June 15, 2010. Staff
Recommendation: Approve the minutes.
C. Consider Approval of the Regular Meeting Minutes of August 24, 2010.
Staff Recommendation: Approve the minutes.
Regular Planning Commission Meeting Agenda
September 28, 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,
September 28, 2010, at 7:00 p.m. in the Council Chambers of the Moorpark Community
Center, 799 Moorpark Avenue, Moorpark, California, was posted on September 24,
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 September 24, 2010.
cp . o
Jo e R. Figueroa, Administrative Assistant
ITEM: 8.A.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: David A. Bobardt, Community Development Director
Prepared by Freddy A. Carrillo, Assistant Planner I
DATE: September 23, 2010 (PC Meeting of 09/28/2010)
SUBJECT: Consider Conditional Use Permit No. 2010-05, a Conditional
Use Permit to Allow a Tattoo, Cosmetic Tattoo, and Body
Piercing Establishment, within a 1,322 Square-Foot Tenant
Space, Located at 6593 Collins Drive, Suite D1B, of the
Campus Plaza Shopping Center, on the Application of Richard
Sutherland
BACKGROUND
On July 20, 2010, an application was filed by Richard Sutherland for Conditional
Use Permit (CUP) No. 2010-05, to allow a tattoo, cosmetic tattoo, and body
piercing establishment within an existing 1,322 square-foot vacant tenant space
at 6593 Collins Drive, Suite D1B, within the Campus Plaza shopping center. On
September 23, 2010, the application was withdrawn by Mr. Richard Sutherland.
STAFF RECOMMENDATION
Remove Conditional Use Permit No. 2010-05 from the agenda.
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Agenda Report 2 doc
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ITEM: 8.B.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: David A. Bobardt, Community Development i ctor
Prepared by Joseph Fiss, Principal Planner ffff
DATE: September 13, 2010 (PC Meeting of 9/28/2010)
SUBJECT: Consider Conditional Use Permit (CUP) No. 2010-06 for an
Approximately 1,400 Square-Foot Microbrewery within an Existing
Industrial Building at 680 Flinn Avenue No. 31, on the Application of
Christopher R. Enegren (Enegren Brewing Co.)
BACKGROUND
On August 24, 2010, Christopher R. Enegren (Enegren Brewing Co.)filed an application
for a Conditional Use Permit to allow an approximately 1,400 square foot microbrewery
within an existing tenant space in an industrial building at 680 Flinn Avenue No. 31 for craft
beer to be manufactured for sale to local restaurants and consumers. A retail tasting
counter is also proposed as part of this application. Food service is not included in this
application.
DISCUSSION
Project Setting
Existing Site Conditions:
The project site is in an industrial park that includes a mix of office, light manufacturing,
warehouse, and distribution uses. Three existing buildings total 33,360 square feet on the
2.31 acre site on the south side of Flinn Avenue.
Previous Applications:
On January 6, 1986, the City Council adopted Resolution 86-265 approving Development
Permit No. 325 for construction of three industrial buildings,totaling 33,360 square feet on
2.31 acres.
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Honorable Planning Commission
September 28, 2010
Page 2
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) MA (Industrial Park) Light Industrial
V-H (Very High RPD 15-U __-_- - _---
South Density Residential) (Residential Planned Residential
_ LDevelopment)
East Floodway M-1 (Industrial Park) Arroyo Simi
West I-1 (Light Industrial) M-1 (Industrial Park) Light Industrial
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. Microbreweries are compatible with this designation. The Zoning Ordinance requires
Planning Commission approval of a Conditional Use Permit for microbreweries 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.
ANALYSIS
Issues
Staff analysis of the proposed project has identified the following issues area for Planning
Commission consideration:
1. Hours of Operation:
2. Alcohol Service
1. Hours of Operation: The applicant has indicated that the he will initially be operating
the facility on weekend days, and weekdays after 5:00 p.m. To ensure security at
this business and surrounding businesses, a draft condition of approval is
recommended restricting on-site customer sales and service to the hours of 10:00
a.m. to 10:00 p.m.
2. Alcohol Service: The applicant has applied for a Type 23 license through the
California Alcohol Beverage Control Board. This license allows use of the site as a
"Brew Pub or Micro-Brewery". A brewpub is typically a very small brewery with a
restaurant. A micro-brewery is a small-scale brewery operation that typically is
dedicated to the production of specialty beers, although some do operate a
restaurant or pub in conjunction with the brewing. A restaurant or pub is not
included as part of this application. A list of common ABC license types is attached.
The license authorizes the sale of beer to any person holding a license authorizing
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Honorable Planning Commission
September 28, 2010
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the sale of beer, and to consumers for consumption on or off the manufacturer's
licensed premises. Also, the manufacturer may conduct beer tastings under
specified conditions, and minors are allowed on the premises. A Type 23 license
would prevent the microbrewery from becoming a bar. A special condition of
approval is recommended to maintain this type of license for the facility.
Findings
1. The proposed use is consistent with the provisions of the general plan, zoning
ordinance, and any other applicable regulations in that breweries 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 use does not conflict with those uses
within 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 no 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;
5. The proposed use as conditioned would not be detrimental to the public health,
safety, convenience, or welfare in that the operation of this microbrewery is
compatible with the surrounding light industrial uses due to conditions that have
been imposed limiting hours of operation and alcohol service.
6. The use will not result in an over-concentration in the area of establishments selling
alcoholic beverages. The proposal is unique in that it is primarily a production and
wholesale facility. Beer tasting is an ancillary use. There are no similar uses within
the existing office/industrial park.
7. The use will serve a public convenience in that the sale of beer, from this location
allows restaurants and the public a local choice for craft beer.
8. The use will not create the need for increased police services in that conditions are
required to ensure proper control of the sale of beer for on-site and off-site
consumption.
9. The requested use at the proposed location will not adversely affect the economic
welfare of the community in that locally produced craft beer is not currently
produced in Moorpark.
10. The exterior appearance of the structure will not be inconsistent with the external
appearance of commercial structures already constructed or under construction on
surrounding properties, or within the immediate neighborhood so as to cause blight,
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Honorable Planning Commission
September 28, 2010
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deterioration or substantially diminish property values within the neighborhood.
PROCESSING TIME LIMITS
Time limits have been established for the processing of development projects under the
Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the
Subdivision Map Act (Government Code Title 7, Division 2), and the California
Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13,
and California Code of Regulations, Title 14, Chapter 3). Under the applicable provisions
of these regulations, the following timelines have been established for action on this
project:
Date Application Determined Complete: September 1, 2010
Planning Commission Action Deadline: December 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.
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Honorable Planning Commission
September 28, 2010
Page 5
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 2010-06.
ATTACHMENTS:
1. Location Map
2. Aerial Photograph
3. Project Exhibits
A. Floor Plan
4. Common ABC License Types
5. Draft PC Resolution with Conditions of Approval
6. Standard Conditions of Approval for a Conditional Use Permit
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Department of Alcoholic Beverage Control State of California
COMMON ABC LICENSE TYPES
AND THEIR BASIC PRIVILEGES
BEER MANUFACTURER-(Large Brewery) Authorizes the sale of beer to any person holding a license
authorizing the sale of beer,and to consumers for consumption on or off the manufacturer's licensed
premises. Without any additional licenses,may sell beer and wine,regardless of source,to consumers for
consumption at a bona fide public eating place on the manufacturer's licensed premises or at a bona fide
eating place contiguous to the manufacturer's licensed premises. May conduct beer tastings under
specified conditions(Section 23357.3). Minors are allowed on the premises.
WINEGROWER-(Winery) Authorizes the sale of wine and brandy to any person holding a license
authorizing the sale of wine and brandy,and to consumers for consumption off the premises where sold.
Authorizes the sale of all wines and brandies,regardless of source,to consumers for consumption on the
premises in a bona fide eating place that is located on the licensed premises or on premises owned by the
licensee that are contiguous to the licensed premises and operated by and for the licensee. May possess
wine and brandy for use in the preparation of food and beverage to be consumed at the bona fide eating
place. May conduct winetastings under prescribed conditions(Section 23356.1;Rule 53). Minors are
allowed on the premises.
OFF SALE BEER&WINE-(Package Store) Authorizes the sale of beer and wine for consumption off
the premises where sold. Minors are allowed on the premises.
OFF SALE GENERAL-(Package Store) Authorizes the sale of beer,wine and distilled spirits for
consumption off the premises where sold. Minors are allowed on the premises.
SMALL BEER MANUFACTURER-(Brew Pub or Micro-brewery) Authorizes the same privileges and
restrictions as a Type 01. A brewpub is typically a very small brewery with a restaurant. A micro-brewery
is a small-scale brewery operation that typically is dedicated solely to the production of specialty beers,
although some do have a restaurant or pub on their manufacturing plant.
ON SALE BEER-(Bar,Tavern) Authorizes the sale of beer for consumption on or off the premises
where sold. No wine or distilled spirits may be on the premises. Full meals are not required;however,
sandwiches or snacks must be available. Minors are allowed on the premises.
ON SALE BEER&WINE—EATING PLACE-(Restaurant) Authorizes the sale of beer and wine for
consumption on or off the premises where sold. Distilled spirits may not be on the premises(except
brandy,rum,or liqueurs for use solely for cooking purposes). Must operate and maintain the licensed
premises as a bona fide eating place. Must maintain suitable kitchen facilities,and must make actual and
substantial sales of meals for consumption on the premises.Minors are allowed on the premises.
42 ON SALE BEER&WINE—PUBLIC PREMISES-(Bar,Tavern) Authorizes the sale of beer and wine
for consumption on or off the premises where sold. No distilled spirits may be on the premises. Minors are
not allowed to enter and remain(see Section 25663.5 for exception,musicians). Food service is not
required.
47 ON SALE GENERAL—EATING PLACE- (Restaurant) Authorizes the sale of beer,wine and distilled
spirits for consumption on the licenses premises. Authorizes the sale of beer and wine for consumption off
the licenses premises. Must operate and maintain the licensed premises as a bona fide eating place. Must
maintain suitable kitchen facilities,and must make actual and substantial sales of meals for consumption on
the premises. Minors are allowed on the premises.
48 ON SALE GENERAL—PUBLIC PREMISES-(Bar,Night Club) Authorizes the sale of beer,wine and
distilled spirits for consumption on the premises where sold. Authorizes the sale of beer and wine for
consumption off the premises where sold. Minors are not allowed to enter and remain(see Section 25663.5
for exception,musicians). Food service is not required.
49 ON SALE GENERAL—SEASONAL-Authorizes the same privileges and restrictions as provided for a
Type 47 license except it is issued for a specific season. Inclusive dates of operation are listed on the
license certificate.
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51 CLUB- Authorizes the sale of beer,wine and distilled spirits,to members and guests only,for
consumption on the premises where sold. No off-sale privileges. Food service is not required. Minors are
allowed on the premises.
52 VETERAN'S CLUB-Authorizes the sale of beer,wine and distilled spirits,to members and guests only,
for consumption on the premises where sold. Authorizes the sale of beer and wine,to members and guest
only,for consumption off the licensed premises. Food service is not required. Minors are allowed on the
premises.
SPECIAL ON SALE GENERAL-Generally issued to certain organizations who cannot qualify for club
licenses. Authorizes the sale of beer,wine and distilled spirits,to members and guests only,for
consumption on the premises where sold. Authorizes the sale of beer and wine,to members and guests
only,for consumption off the licensed premises. Food service is not required. Minors are allowed on the
premises. _...
ON SALE BEER AND WINE—SEASONAL-Authorizes the same privileges as a Type 41. Issued for a
specific season. Inclusive dates of operation are listed on the license certificate.
ON SALE BEER—SEASONAL-Authorizes the sale of beer only for consumption on or off the
premises where sold. Issued for a specific season. Inclusive dates of operation are listed on the license
certificate. Wine or distilled spirits may not be on the premises. Minors are allowed on the premises.
ON SALE BEER—PUBLIC PREMISES-(Bar,Tavern) Authorizes the sale of beer only for
consumption on or off the licensed premises. Wine or distilled spirits may not be on the premises. Minors
are not allowed to enter and remain(warning signs required). Food service is not required.
BED AND BREAKFAST INN-Authorizes the sale of wine purchased from a licensed winegrower or
wine wholesaler only to registered guests of the establishment for consumption on the premises. No beer
or distilled spirits may be on the premises. Wine shall not be given away to guests,but the price of the
wine shall be included in the price of the overnight transient occupancy accommodation. Removal of wine
from the grounds is not permitted. Minors are allowed on the premises.
ON SALE GENERAL—RESTRICTIVE SERVICE-Authorizes the sale or furnishing of beer,wine
and distilled spirits for consumption on the premises to the establishment's overnight transient occupancy
guests or their invitees. This license is normally issued to"suite-type"hotels and motels,which exercise
the license privileges for guests' `complimentary"happy hour. Minors are allowed on the premises.
75 ON SALE GENERAL—BREWPUB- (Restaurant) Authorizes the sale of beer,wine and distilled spirits
for consumption on a bona fide eating place plus a limited amount of brewing of beer. Also authorizes the
sale of beer and wine only for consumption off the premises where sold. Minors are allowed on the
premises.
BED AND BREAKFAST INN—GENERAL-Authorizes the sale of beer,wine and distilled spirits
purchased from a licensed wholesaler or winegrower only to registered guests of the establishment for
consumption on the premises. Alcoholic beverages shall not be given away to guests,but the price of the
alcoholic beverage shall be included in the price of the overnight transient occupancy accommodation.
Removal of alcoholic beverages from the grounds is not permitted. Minors are allowed on the premises.
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ABC-616(8/08)
11
SPECIAL EVENTS
The Department also issues licenses and authorizations for the retail sale of beer,wine and distilled spirits on a temporary basis
for special events. The most common are listed below. Other less common ones are found in Business and Professions Code
Section 24045.2,et seq.
SPECIAL DAILY BEER AND/OR WINE LICENSE-(Form ABC-281) Authorizes the sale of beer and/or wine for
consumption on the premises where sold. No off-sale privileges. Minors are allowed on the premises. May be revoked summarily
by the Department if,in the opinion of the Department and/or the local law enforcement agency,it is necessary to protect the safety,
welfare,health,peace and morals of the people of the State. In some instances,the local ABC office may require the applicant to
obtain prior written approval of the local law enforcement agency. Issued to non-profit organizations. (Rule 59,California Code of
Regulations)
DAILY ON SALE GENERAL LICENSE-(Form ABC-281) Authorizes the sale of beer,wine and distilled spirits for
consumption on the premises where sold. No off-sale privileges. Minors are allowed on the premises. May be revoked summarily
by the Department if,in the opinion of the Department and/or the local law enforcement agency,it is necessary to protect the safety,
welfare,health,peace and morals of the people of the State. In some instances,the local ABC office may require the applicant to
obtain prior written approval of the local law enforcement agency. Issued to political parties or affiliates supporting a candidate for
public office or a ballot measure or charitable,civic,fraternal or religious organizations. (Section 24045.1 and Rule 59.5 California
Code of Regulations)
CATERING AUTHORIZATION-(Form ABC-218) Authorizes Type 47,48,51,52,57,75 and 78 licensees(and catering
businesses that qualify under Section 24045.12)to sell beer,wine and distilled spirits for consumption at conventions,sporting
events,trade exhibits,picnics,social gatherings,or similar events. Type 47,48 and 57 licensees may cater alcoholic beverages at
any ABC-approved location in the State. Type 51 and 52 licensees may only cater alcoholic beverages at their licensed premises.
All licensees wishing to cater alcoholic beverages must obtain prior written authorization from the Department for each event. At
all approved events,the licensee may exercise only those privileges authorized by the licensee's license and shall comply with all
provisions of the ABC Act pertaining to the conduct of on-sale premises and violation of those provisions may be grounds for
suspension or revocation of the licensee's license or permit,or both,as though the violation occurred on the licensed premises.
(Section 23399 and Rule 60.5 California Code of Regulations)
EVENT AUTHORIZATION-(Form ABC-218) Authorizes Type 41,42,47,48,49,57,75 and 78 licensees to sell beer,wine
and distilled spirits for consumption on property adjacent to the licensed premises and owned or under the control of the licensee.
This property shall be secured and controlled by the licensee and not visible to the general public. The licensee shall obtain prior
approval of the local law enforcement agency. At all approved events,the licensee may exercise only those privileges authorized
by the licensee's license and shall comply with all provisions of the ABC Act pertaining to the conduct of on-sale premises
(including any license conditions)and violations of those provisions may be grounds for suspension or revocation of the licensee's
license or permit,or both,as though the violation occurred on the licensed premises. (Section 23399)
WINE SALES EVENT PERMIT-(Form ABC-239). Authorizes Type 02 licensees to sell bottled wine produced by the
winegrower for consumption off the premises where sold and only at fairs,festivals or cultural events sponsored by designated tax
exempt organizations. The licensee must notify the city and/or county where the event is being held and obtain approval from ABC
for each event(Form ABC-222). The licensee must also comply with all restrictions listed in Business and Professions Code
Section 23399.6.
Note: .
I. "Minor"means any person under 21 years of age.
2. Consult Section 25663(b)regarding age of employees in off-sale premises;consult Sections 25663(a)and 25663.5 regarding age of employees
in on-sale premises.
3. In certain situations,ABC may place reasonable conditions upon a license,such as restrictions as to hours of sale,employment of designated
persons,display of signs,restrictions on entertainment or dancing,etc. If a license has been conditioned,it will be endorsed as such on the face
of the license. (Conditional licenses,Sections 23800-23805.)
4. Licensees whose license allows minors on the premises may have a"house policy"restricting minors from entering certain areas of the
premises or prohibiting minors in the premises during certain hours.
5. This handout contains only abbreviated information. Contact your local ABC office for full information before doing anything which may
jeopardize your license. Also available from the ABC: Quick Summary of Selected ABC Laws(form ABC-608);Alcoholic Beverage Control
Act(complete laws);Rules&Regulations;and P-90(describes privileges of non-retail licenses).
ABC-616(8/08)
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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. 2010-06 A REQUEST TO
ALLOW AN APPROXIMATELY 1,400 SQUARE FOOT
MICROBREWERY AT 680 FLINN AVENUE NO. 31, ON THE
APPLICATION OF CHRISTOPHER R. ENEGREN (ENEGREN
BREWING CO.)
WHEREAS, at a duly noticed public hearing on September 28, 2010 the Planning
Commission considered Conditional Use Permit (CUP) No. 2010-06 on the application
of Christopher R. Enegren (Enegren Brewing Co.) for a request to allow an
approximately 1,400 square foot microbrewery within an existing tenant space in an
industrial building at 680 Flinn Avenue No. 31 for craft beer to be manufactured on-site
for sale to local restaurants and consumers, with a retail tasting counter; and
WHEREAS, at its meeting of September 28, 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:
A. The proposed use is consistent with the provisions of the general plan, zoning
ordinance, and any other applicable regulations in that breweries are
conditionally permitted within the zone, and conditions of approval have been
proposed to mitigate potential problems;
B. The proposed use as conditioned is compatible with both existing and permitted
land uses in the surrounding area in that the use does not conflict with those
uses within the surrounding business park;
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C. The proposed use as conditioned 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 conditions of approval have been proposed
to regarding parking, noise, and hours of operation;
E. The proposed use as conditioned would not be detrimental to the public health,
safety, convenience, or welfare in that the operation of this microbrewery is
compatible with the surrounding light industrial uses due to conditions that have
been imposed limiting hours of operation and alcohol service.
SECTION 2. ADDITIONAL FINDINGS FOR ESTABLISHMENTS SELLING
ALCOHOLIC BEVERAGES:
A. The use will not result in an over-concentration in the area of establishments
selling alcoholic beverages. The proposal is unique in that it is primarily a
production and wholesale facility. Beer tasting is an ancillary use. There are
no similar uses within the existing office/industrial park.
B. The use will serve a public convenience in that the sale of beer, from this
location allows restaurants and the public a local choice for craft beer.
C. The use will not create the need for increased police services in that conditions
are required to ensure proper control of the sale of beer for on-site and off-site
consumption.
D. The requested use at the proposed location will not adversely affect the
economic welfare of the community in that locally produced craft beer is not
currently produced in Moorpark.
E. The exterior appearance of the structure will not be inconsistent with the
external appearance of commercial structures already constructed or under
construction on surrounding properties, or within the immediate neighborhood
so as to cause blight, deterioration or substantially diminish property values
within the neighborhood.
SECTION 3. PLANNING COMMISSION APPROVAL: the Planning
Commission herby approves Conditional Use Permit No. 2010-06 subject to the
Conditions of Approval found in Exhibit A attached.
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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 28th day of September, 2010.
Bruce Hamous, Chair
David A. Bobardt
Community Development Director
Exhibit A—Conditions of Approval
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EXHIBIT A
STANDARD AND SPECIAL CONDITIONS OF APPROVAL
FOR CONDITIONAL USE PERMIT (CUP) No. 2010-06
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. This conditional use permit is granted or approved with the City's designated
approving body retaining and reserving the right and jurisdiction to review and to
modify the permit—including the conditions of approval—based on changed
circumstances. Changed circumstances include, but are not limited to, major
modification of the business; a change in scope, emphasis, size, or nature of the
business; the expansion, alteration, reconfiguration, or change of use; or the fact
that the use is negatively impacting surrounding uses by virtue of impacts not
identified at the time of application for the conditional use permit or impacts that
are much greater than anticipated or disclosed at the time of application for the
conditional use permit. The reservation of right to review any permit granted or
approved under this chapter by the City's designated approving body is in
addition to, and not in lieu of, the right of the City, its Planning Commission, City
Council and designated approving body to review and revoke or modify any
permit granted or approved under this chapter for any violations of the conditions
imposed on such permit.
2. Outdoor service and/or sales of alcoholic beverages are not permitted. Signs
must be posted at the building exits indicating that customers may not leave the
building with open containers of alcoholic beverages.
3. On site sales, service or consumption of alcoholic beverages allowed by this
Conditional Use Permit are permitted only between the hours of 10:00 a.m. and
10:00 p.m.
4. This premise is not licensed by ABC to operate as a bar, restaurant, or a
nightclub and must be maintained as a microbrewery, for production and tasting
only, with a Type 23 ABC license.
-End-
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Resolution No. 2009-2799
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Exhibit B
CITY OF MOORPARK
STANDARD CONDITIONS OF APPROVAL
FOR CONDITIONAL USE PERMITS
The following conditions shall be required of all projects unless otherwise noted:
GENERAL REQUIREMENTS
218. Within thirty (30) calendar days of approval of this entitlement, the applicant
shall sign and return to the Planning Division an Affidavit of Agreement and
Notice of Entitlement Permit Conditions of Approval, indicating that the
applicant has read and agrees to meet all Conditions of Approval of this
entitlement. The Affidavit of Agreement/Notice shall include a legal description
of the subject property, and have the appropriate notary acknowledgement
suitable for recordation.
219. This Conditional Use Permit expires one (1) year from the date of its approval
unless the use has been inaugurated by issuance of a building permit for
construction. The Community Development Director may, at his/her discretion,
grant up to two (2) additional one-year extensions for use inauguration of the
permit, if there have been no changes in the adjacent areas and if the applicant
can document that he/she has diligently worked towards use inauguration
during the initial period of time. The request for extension of this permit shall be
made in writing, at least thirty (30) days prior to the expiration date of the permit
and shall be accompanied by applicable entitlement processing deposits.
220. The Conditions of Approval of this entitlement and all provisions of the City of
Moorpark Municipal Code and adopted City policies at the time of the
entitlement approval, supersede all conflicting notations, specifications,
dimensions, typical sections and the like which may be shown on said plans or
application.
221. 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.
222. All mitigation measures required as part of an approved Mitigation Monitoring
Report and Program (MMRP) for this entitlement are hereby adopted and
included as requirements of this entitlement. Where conflict or duplication
between the MMRP and the Conditions of Approval occurs the Community
Development Director shall determine compliance so long as it does not conflict
with the California Environmental Quality Act and the more restrictive measure
or condition applies.
223. 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 by the City or any of its agencies, departments, commissions,
agents, officers, or employees concerning this entitlement approval, which
PC ATTACHMENT 6 17
Resolution No. 2009-2799
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claim, action or proceeding is brought within the time period provided therefore
in Government Code Section 66499.37 or other sections of state law as
applicable. 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.
c. The City may, within its unlimited discretion, participate in the defense of
any such claim, action or proceeding if both of the following occur:
iii. The City bears its own attorney fees and costs;
iv. The City defends the claim, action or proceeding in good faith.
d. 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 a building permit is issued pursuant to the permit
or the use is inaugurated.
224. If any of the conditions or limitations of this approval are held to be invalid, that
holding does not invalidate any of the remaining conditions or limitations set
forth.
225. All facilities and uses, other than those specifically requested in the application
and those accessory uses allowed by the Municipal Code, are prohibited unless
otherwise permitted through application for Modification consistent with the
requirements of the zone and any other adopted ordinances, specific plans,
landscape guidelines, or design guidelines.
FEES
226. Entitlement Processing: Prior to the approval of any Zoning Clearance for this
entitlement, the applicant shall submit to the Community Development
Department all outstanding entitlement case processing fees, including all
applicable City legal service fees. This payment shall be made within sixty (60)
calendar days after the approval of this entitlement.
227. Condition Compliance: Prior to the issuance of any Zoning Clearance, building
permit, grading permit, or advanced grading permit, the applicant shall submit
to the Community Development Department the Condition Compliance review
deposit.
228. Electronic Conversion: In accordance with City policy, the applicant shall
submit to the Community Development Department, City Engineer and Public
Works Director and the Building and Safety Division the City's electronic image
conversion fee for entitlement/condition compliance documents; Final Map/
engineering improvement plans/permit documents; and building plans/permit
documents, respectively.
229. Fish and Game: Within two (2) business days after the City Council/Planning
Commission adoption of a resolution approving this project, the applicant shall
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Resolution No. 2009-2799
Page 40
submit to the City of Moorpark two separate checks for Negative Declaration or
Environmental Impact Report, and Administrative Fee, both made payable to
the County of Ventura, in compliance with Assembly Bill 3158 for the
management and protection of Statewide Fish and Wildlife Trust Resources.
Pursuant to Public Resources Code Section 21089, and Fish and Game Code
Section 711.4, the project is not operative, vested or final until the filing fees are
paid.
230. Storm Drain Discharge Maintenance Fee: Prior to or concurrently with the
issuance of a Zoning Clearance for building permit, the applicant shall pay to
the Community Development Department citywide Storm Drain Discharge
Maintenance Fee. The fee shall be paid in accordance with City Council
adopted Storm Drain Discharge Maintenance Fee requirements in effect at the
time of building permit application.
Please contact the PLANNING DIVISION for compliance with the following
conditions:
DEVELOPMENT REQUIREMENTS
231. Prior to issuance of a building permit, the Applicant shall provide an Irrevocable
Offer of Dedication to the City of an easement for the purpose of providing
ingress/egress access, drainage and parking to the adjacent
commercial/industrial properties. The City of Moorpark shall not assume any
responsibility for the offered property or any improvements to the property until
this action has been accepted by the City Council. If accepted by the City of
Moorpark, this easement may be fully assignable to the adjacent property
owners, as an easement appurtenant for parking, ingress/egress access
purposes and all uses appurtenant thereto. The form of the Irrevocable Offer of
Dedication and other required pertinent documents required to satisfy the
above requirements shall be to the satisfaction of the Community Development
Director, City Engineer, Public Works Director and the City Attorney
232. Parking areas must be maintained in accordance with the requirements of the
Moorpark Municipal Code. All parking space and loading bay striping must be
maintained so that it remains clearly visible during the life of the development.
233. Prior to any re-striping of the parking area, a Zoning Clearance is required. All
disabled parking spaces and paths of travel must be re-striped and maintained
in their original approved locations unless new locations are approved by the
Community Development Director.
OPERATIONAL REQUIREMENTS
234. Loading and unloading operations are allowed only between the hours of 6:00
a.m. and 10:00 p.m. unless additional hours are approved by the City Council.
More restrictive hours for loading and unloading may be imposed by the
Community Development Director if there are noise and other issues that make
the loading and unloading incompatible with the adjacent residential uses.
There shall be no idling of trucks while loading or unloading.
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Resolution No. 2009-2799
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235. All uses and activities must be conducted inside the building(s) unless
otherwise authorized in writing by the Community Development Director and
consistent with applicable Zoning Code provisions.
236. Prior to the issuance of a Zoning Clearance for any use which requires handling
of hazardous or potentially hazardous materials, the applicant shall provide
proof that he/she has obtained the necessary permits from Ventura County
Environmental Health Division. Should the Community Development Director
determine that a compatibility study is required; the applicant shall apply for a
Permit Modification to the entitlement.
237. The applicant agrees not to protest the formation of an underground Utility
Assessment District.
238. The continued maintenance of the subject site and facilities is subject to
periodic inspection by the City. The Applicant and his/her successors, heirs,
and assigns shall be required to remedy any defects in ground or building
maintenance, as indicated by the City within five (5) working days from written
notification.
239. No noxious odors may be generated from any use on the subject site.
240. 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 shall be accomplished to the satisfaction of
the Community Development Director.
241. Should continued compliance with these Conditions of Approval not be met the
Community Development Director may modify the conditions in accordance
with Municipal Code Section 17.44.100 and sections amendatory or
supplementary thereto, declare the project to be out of compliance, or the
Director may declare, for some other just cause, the project to be a public
nuisance. The applicant shall be liable to the City for any and all costs and
expenses to the City involved in thereafter abating the nuisance and in
obtaining compliance with the Conditions of Approval or applicable codes. If the
applicant fails to pay all City costs related to this action, the City may enact
special assessment proceedings against the parcel of land upon which the
nuisance existed (Municipal Code Section 1.12.170).
242. Prior to the issuance of a Zoning Clearance for tenant occupancy, the
prospective tenant shall obtain a Business Registration Permit from the City of
Moorpark. All contractors doing work in Moorpark shall have or obtain a current
Business Registration Permit.
243. Prior to issuance of Zoning Clearance for the first building permit, the applicant
shall submit a Waste Reduction and Recycling Plan to the City's Solid Waste
Management staff and the Community Development Director for review and
approval. The Plan must include a designated building manager, who is
responsible for initiating on-site waste materials recycling programs, including
acquiring storage bins for the separation of recyclable materials and
coordination and maintenance of a curbside pickup schedule.
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244. The building manager or designee shall be required to conduct a routine on-site
waste management education program to educating and alerting employees
and/or residents to any new developments or requirements for solid waste
management. This condition must be coordinated through the City's Solid
Waste Management staff.
245. No overnight parking, repair operations or maintenance of trucks may occur on
site. The property owner shall enter into an agreement with the City to allow
the City, upon property posting of signs restricting the overnight parking, repair
or maintenance of truck, to enforce the onsite restrictions and assume the costs
of towing the violating vehicles.
246. Tree pruning, consisting of trimming to limit the height and/or width of tree
canopy and resulting in a reduction of required shade coverage for the parking
lot area, is prohibited by Section 17.32.070 of the Moorpark Municipal Code
and will be considered a violation of the Conditions of Approval. Tree trimming
for the purposes of maintaining the health of trees is permitted with prior
approval of the Community Development Director and the City's designated
arborist
247. All landscaping must be maintained in a healthy and thriving condition, free of
weeds, litter and debris.
ALCOHOLIC BEVERAGE REQUIREMENTS (for alcoholic beverage sales and
service)
31. The development must be in substantial conformance with the plans presented in
conjunction with this application, except any modifications as may be required to
meet specific Code standards or other conditions stipulated herein.
32. 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.
33. Approval of a Zoning Clearance is required prior to the issuance of building
permits.All other permit and fee requirements must be met.
34. Entertainment is not approved as part of this Conditional Use Permit and requires
approval of a separate permit.
35. Security personnel must be provided to monitor the parking area(s) designated
for use by customers of the restaurant during any activity that may require the
need for additional security such as an outdoor concert or special sales event or
exhibit. The applicant shall work with the Police Department, Fire Department,
and Community Development Department staff to determine which activities
require additional security. The owner/manager shall be required to obtain
Temporary Use Permit approval from the City of Moorpark when a scheduled
activity could create a need for increased police presence. The only exception is
for special events held by Moorpark-based non-profit groups.
36. The applicant shall reimburse the City of Moorpark for any additional police or
other costs incurred by the City as a result of operations approved by this
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Resolution No. 2009-2799
Page 43
Conditional Use Permit, including fifteen (15%) percent overhead on any such
services.
37. No person under the age of eighteen (18) may serve or package alcoholic
beverages.
38. All exterior areas of the site, including parking areas under use by the facility,
must be maintained free of litter and debris at all times.
39. This Conditional Use Permit may be revoked or its use suspended by the City, if
any of the causes listed in Section 17.44.100.8 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.
40. 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 said Code may be amended or supplemented in the future.
41. Sales, service or consumption of liquor, beer, and wine allowed by this
Conditional Use Permit are permitted only between the hours of 10:00 a.m. and
Midnight.
42. This premise is not licensed by ABC to operate as a bar or a nightclub and must
maintain this premise as a restaurant. The quarterly gross sales of alcoholic
beverages may not.exceed 50% of the gross sales of food during the same
period. The facility must at all times maintain records which reflect separately the
gross sale of food and the gross sales of alcoholic beverages of the business.
Said records shall be kept no less frequently than on a quarterly basis and shall
be made available to the Moorpark Police Department upon demand.
43. 'Walk-in" alcohol service for non-restaurant patrons is not permitted at any time.
Alcoholic beverages may only be sold/served to patrons of the facility during
dining events. Food meal service must be available during all business hours
that alcoholic beverages are sold.
44. Areas inside the establishment open to customers must be illuminated sufficiently
to allow the identification of persons.
45. The applicant or his/her designee shall be responsible to police the exterior of the
business to assure that no liquor, beer, or wine is consumed within the parking
lot. The applicant shall not permit any loitering in the parking lot or in areas
adjacent to the facility. The rear door must remain closed during business hours.
46. No exterior advertising of any kind or type is allowed promoting or indicating the
availability of alcoholic beverages. Interior advertising displays for alcoholic
beverages that are clearly visible to the exterior constitute a violation of this
condition.
47. The permittee must correct any safety or security problem within thirty (30) days
upon written notice of such a problem from the Moorpark Police Department.
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Resolution No. 2009-2799
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48. A License Agreement for encroachment into the right-of-way must be obtained
prior to the initiation of any sidewalk dining or the capture fencing must be
removed. (Required when the use is on a part of the public right-of-way)
49. Any and all employees directly involved or supervising the sale/service of
alcoholic beverages shall provide evidence and the business shall maintain
records that employees have:
a. Received training from the State of California Department of Alcoholic
Beverage Control "Leadership and Education in Alcohol and Drugs" LEAD
program in the form of an ABC issued certificate.
b. The Owner/Manager shall confirm with the California Department of
Alcoholic Beverage Control within fifteen (15) days of hire any new
employee has been scheduled with the local (Santa Barbara ABC office)
to attend the LEAD program course. Alternatively, this course attendance
requirement may be met through a LEAD certified agency or company
approved by the State of California.
VENTURA COUNTY AIR POLLUTION CONTROL DISTRICT RELATED
REQUIREMENTS:
50. Prior to issuance of a Zoning Clearance for building permit, a Ventura County Air
Pollution Control District (APCD) "Authority to Construct" must be obtained for all
equipment subject to APCD Permit (see APCD Questionnaire, AB3205). Final
Certificate of Occupancy will not be granted until compliance with all applicable
APCD Rules & Regulations has been satisfactorily demonstrated.
51. Facilities must be operated in accordance with the Rules and Regulations of the
Ventura County Air Pollution Control District, with emphasis on Rule 51,
Nuisance. Rule 51 states: "A person shall not discharge from any source
whatsoever such quantities of air contaminants or other material which cause
injury, detriment, nuisance or annoyance to any considerable number of persons
or to the public or which endangers the comfort, repose, health or safety of any
such persons or the public or which cause or have a natural tendency to cause
injury or damage to business or property."
VENTURA COUNTY FIRE PROTECTION DISTRICT RELATED REQUIREMENTS:
GENERAL
52. Commercial trash dumpsters and containers with an individual capacity of 1.5
cubic yards or greater may not be stored or placed within five feet of openings,
combustible walls, or combustible roof eave lines unless protected by approved
automatic sprinklers.
DEVELOPMENT REQUIREMENTS
53. Prior to the issuance of a building permit, building plans for all A, E, H, I, R-1 and
R-2 Occupancies shall be submitted, with payment for plan check, to the Fire
District for review and approval.
54. Prior to installation of any fire protection system, including, but not limited to
sprinklers, dry chemical, hood systems, the applicant shall submit plans, along
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Resolution No. 2009-2799
Page 45
with the required fee for plan check, to the Fire District for review and approval.
Fire sprinkler systems with one-hundred or more heads must be supervised by a
fire alarm system in accordance with Fire District requirements.
55. Prior to installation of the fire alarm system Of required), the applicant shall
submit plans, along with the required fee for plan check, to the Fire District for
review and approval. The fire alarm system must be installed in all buildings in
accordance with California Building and Fire Code.
56. Prior to the issuance of a certificate of occupancy by the Building Division, the
applicant shall obtain all applicable Uniform Fire Code (UFC) permits.
57. Prior to the issuance of a building permit, the applicant shall obtain a copy of
Ventura County Fire District Form No. 126 "Requirements for Construction."
58. Prior to the issuance of a certificate of occupancy by the Building Division, the
applicant shall install fire extinguishers in accordance with the Uniform Fire Code.
The placement of extinguishers is subject to review and approval by the Fire
District.
- END -
24
ITEM 10.A.
MINUTES OF THE PLANNING COMMISSION
Moorpark, California May 25, 2010
A Regular Meeting of the Planning Commission of the City of Moorpark was held on
May 25, 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 7:03 p.m.
2. PLEDGE OF ALLEGIANCE:
Vice Chair Landis led the Pledge of Allegiance.
3. ROLL CALL:
Present: Planning Commissioners Di Cecco, Commissioner Taillon,
Vice Chair Landis, and Chair Hamous.
Staff Present: David Bobardt, Community Development Director; Dave
Klotzle, Assistant City Engineer; 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.)
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
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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.
Chair Hamous announced that he, along with Commissioner Taillon, had
attended the 2010 Planners Institute and Mini Expo in Monterey on March 24 —
26, 2010.
Commissioner Di Cecco announced that he attended the Perfect Storm
Conference regarding the nexus between Assembly Bill 32, Senate Bill SB 375
and the new MS4 Permit in Ventura County in relation to new development
projects.
Commissioner Di Cecco announced that he attended the evening presentation
on the Compact for Sustainable Ventura County at Moorpark College.
8. PUBLIC HEARINGS: (next Resolution No. PC-2010-554)
A. Consider Commercial Planned Development No. 2010-01, a Request to
Construct a 77,834 Square-Foot, Two-Story Medical Office Building on a
4.0 Acre Site at 635 Los Angeles Avenue, on the application of John
Parezo for Grand Moorpark, LLC. Staff Recommendation: 1) Open the
public hearing, accept public testimony and close the public hearing; 2)
Adopt Resolution No. PC-2010-554 recommending to the City Council
conditional approval of Commercial Planned Development Permit No.
2010-01. (Staff: Freddy Carrillo)
Chair Hamous recused himself to avoid a potential conflict of interest and
stepped down from the dais. The time was 7:08 p.m.
In the absence of Chair Hamous, Vice Chair Landis presided over the
meeting.
Mr. Carrillo gave the staff report.
Questions from Commissioners followed regarding parking code
requirements, the west entrance and how it is controlled, access from the
property to Mission Bell Plaza Shopping Center, and future reciprocal
access agreements between the subject property and neighboring
shopping center property.
Vice Chair Landis opened the public hearing.
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John Parezo, Cal-Am Planning and Design, applicant representative,
discussed the project and stated that to this point Grand Moorpark is
planning on moving forward with the project, and was available to answer
any questions.
A discussion followed among Commissioners and the applicant regarding
the reciprocal access how it affects the applicant's parking, redesign of the
loading zone, building depth from various elements, window material,
relocation of the transformer, design for a generator enclosure, no main
stairway in the middle of the building, the north elevation interior height,
and if the porte-cochere meets the fire department clearance height of 13
feet 6 inches.
In response to Vice Chair Landis, Mr. Bobardt stated there were no other
Speaker Cards or Written Statement Cards.
Vice Chair Landis closed the public hearing.
A discussion followed among Commissioners regarding the level of
architectural detail this project contains and stated that this project is going
to be a real asset to our City.
The Commission requested that staff research screening for future
generator and confirm the accessibility for fire and add these items as
conditions to the resolution.
MOTION: Commissioner Di Cecco moved and Commissioner Taillon seconded a
motion to approve staff recommendation, including adoption of Resolution No.
PC 2010-554. The motion carried by voice vote 3-0; Chair Hamous absent.
The City Council has final approval authority for this project.
Chair Hamous returned to the dais at 7:31 p.m.
9. DISCUSSION ITEMS:
A. Consider Draft Seven-Year Capital Improvement Program for the
Department of Public Works for FY 2009/10 — FY 2015/16. Staff
Recommendation: 1) Find the subject draft Seven Year Capital
Improvement Program for the Public Works Department to be in
conformity with the Moorpark General Plan, except as noted above; 2)
Find the planned acquisition of street right-of-way for certain specified
projects described in this report, to be in conformity with the Moorpark
General Plan. (Staff: Dave Klotzle)
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Mr. Klotzle gave the staff report.
Questions from Commissioners followed regarding Item No. B21: the
sound wall, the nexus of this project, and why this is not a Caltrans
project; Item No. B24: improvement of High Street past Moorpark Avenue
and how this fits in timeline with the City Hall Civic Center project; Item
No. 117: the 23 Freeway north alignment construction of a roadway north
of Princeton Avenue to connect to Broadway; Item Nos. 634 and B35: the
Bicycle Pedestrian Facility Improvement Project and sources of funds;
Item No. B23: the widening of Gabbed Road by the railroad crossing and
the timeline date for this project; and Item No. B18: the North Hills
Parkway and how it connects with Walnut Canyon.
MOTION: Commissioner Di Cecco moved and Vice Chair Landis seconded a
motion to approve staff recommendation. The motion carried by unanimous
voice vote.
B. Consider Scheduling a Special Meeting on June 15, 2010, to hold a public
hearing on RPD 2009-02; TTM 5860; Amendment No.1 to Specific Plan 2,
Moorpark Highlands, ZOA 2009-01; and DA 2009-01 for Pardee Home's
proposed subdivision of 22 acres of vacant land and construction of 133
single family detached homes, in Planning Area 7 of the Moorpark
Highlands, (former school site). Staff Recommendation: Direct staff to
post a notice of special meeting for June 15, 2010. (Staff: David Bobardt)
Mr. Bobardt gave the staff report.
MOTION: Commissioner Taillon moved and Commissioner Di Cecco seconded
a motion to approve staff recommendation. The motion carried by unanimous
voice vote.
10. CONSENT CALENDAR
A. Consider Approval of the Regular Meeting Minutes of February 23, 2010.
Staff Recommendation: Approve the minutes.
MOTION: Vice Chair Landis moved and Commissioner Di Cecco seconded a
motion to approve the minutes. The motion carried by unanimous voice vote.
B. Consider Approval of the Minutes of the Joint Meeting of the City Council
and Planning Commission Meeting of April 28, 2010. Staff
Recommendation: Approve the minutes.
MOTION: Commissioner Taillon moved and Commissioner Di Cecco seconded a
motion to approve the minutes. The motion carried by unanimous voice vote.
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11. ADJOURNMENT:
MOTION: Vice Chair Landis moved and Commissioner Di Cecco seconded a
motion to adjourn. The motion carried by unanimous voice vote. The time was
7:50 p.m.
Bruce A. Hamous, Chair
David A. Bobardt, Community Development Director
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ITEM 10.B.
MINUTES OF THE PLANNING COMMISSION
Moorpark, California June 15, 2010
A Special Meeting of the Planning Commission of the City of Moorpark was held on
June 15, 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 7:07 p.m.
2. PLEDGE OF ALLEGIANCE:
Joseph Vacca, Principal Planner, led the Pledge of Allegiance.
3. ROLL CALL:
Present: Commissioner Di Cecco, Commissioner Taillon, Vice Chair
Landis, and Chair Ramous.
Staff Present: David Bobardt, Community Development Director; Joseph
Vacca, Principal Planner; and Joyce Figueroa,
Administrative Assistant.
4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS:
None.
5. PUBLIC COMMENT:
None.
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
None.
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS AND REPORTS ON
MEETINGS/CONFERENCES ATTENDED BY THE COMMISSION:
(Future agenda items are tentative and are subject to rescheduling.)
A. Future Agenda Items
i. 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
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Minutes of the Planning Commission
Moorpark, California Paget June 15, 2010
iv. ZOA 2007-01 Wireless Facilities— SB 1627
v. CUP 2010-03 Wireless Facility
vi. Massage Establishment Regulations
Mr. Bobardt briefly discussed announcements and future agenda items.
8. PUBLIC HEARINGS: (next Resolution No. PC-2010-555)
A. Consider Residential Planned Development No. 2009-02, a Request to
Construct 133 Detached Single-Family Homes and a Private Recreational
Facility; Tentative Tract Map No. 5860, a Request to Subdivide the 21.8
Acre Property Into 133 Residential Lots with Private Streets: Amendment
No. 1 to Specific Plan No. 2, Moorpark Highlands, to Change Planning
Area No. 7 From a School Site to a Residential Planned Development
Site: Zoning Ordinance Amendment No. 2009-01, a Request to Amend
Chapter 17.74 of the Moorpark Municipal Code to Create Zoning
Development Standards for Planning Area No. 7; and Development
Agreement No. 2009-01, Located at the Southeast Corner of Elk Run
Loop and Ridqecrest Drive, on the Application of Pardee Homes. (APN
513-0-070-155) Staff Recommendation: 1) Open the public hearing,
accept public testimony and close the public hearing; 2) Adopt Resolution
No. PC-2010-555 recommending to the City Council approval of
Residential Planned Development No. 2009-02, Tentative Tract Map No.
5860, Amendment No. 1 to Specific Plan No. 2, Moorpark Highlands,
Zoning Ordinance Amendment No. 2009-01 and Development Agreement
No. 2009-01 subject to the special and standard Conditions of Approval
for Residential Planned Development No. 2009-02 and Tentative Tract
Map No. 5860.
Mr. Vacca gave the staff report.
Questions from Commissioners followed regarding the opening of the
secondary access for emergency and public use, south wall adjacent to
the park, class 2 bike paths, landscaping, access to and lighting of the
multi-purpose trail, if staff has any exhibits of what the pool is going to look
like before it gets built, if there are other options in the area for a school
site and what opportunities are there to add a school in the future, the
total percentage affordable homes required for the project, setbacks,
maintenance of the front yards by the Home Owners Association, will
Mello Roos be part of this project, and if this project is approved, how long
does the developer have to build the project.
Chair Hamous opened the public hearing.
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Minutes of the Planning Commission
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Jim Bizzelle, Vice President Community Development for Pardee Homes,
thanked the City of Moorpark for approving Moorpark Highlands in 1999
and thanked staff for all of their efforts and involvement in helping process
the revised project and proposed site plan. Mr. Bizzelle discussed the
project and stated that he was available to answer any questions.
A discussion followed among Commissioners and the applicant regarding
the price range of the proposed homes, plans to have solar panels built in
the roofs, mix of homes and flexibility to adjust as necessary in terms of
what house gets on what lot.
Loren Smets, Vice President of Architecture, Pardee Homes, discussed
the architectural elevations of the homes and stated he was available to
answer any questions regarding the architecture.
Greg Ray, Vice President of Landscape Architect, Pardee Homes,
thanked staff for allowing Pardee Homes to be a part of this master plan
and stated he was available to answer any questions regarding landscape
architecture.
A discussion followed among Commissioners and Mr. Ray regarding
Moorpark's water conservation measures and lighted walkways to the pool
recreation lot.
Dawn Johnson, resident, spoke in opposition to the project and expressed
concerns about the project: who owns the site and as part of the zoning
restriction did they donate the land to the City of Moorpark or Ventura
County for a school site; and Mello Roos allotment that they would gift
back ten-million dollars to credit the Mello Roos fees.
In response to Chair Hamous, Mr. Bobardt stated that this is in the
purview of the City Council and that at the meeting of June 16 the Council
will be considering a resolution of intent to annex this property into the
existing Community Facilities District.
James Sloan, resident, spoke in opposition of the project and expressed
concerns about the project: if there are other options to put the property on
the market as a site for a charter school; and if there are future school
sites in the northern areas of Moorpark; requirement for low income
housing; if there is a way to take those out and get credit for the high-
density areas that already exist in the Waverly Place neighborhood;, and
concerns about the trail connection to Happy Camp, and gating issues.
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Mike Johnson, resident, spoke in opposition of the project and expressed
concerns about the project: that the future school site was a determining
factor when he purchased his house and the school would increase the
value of his home; how is it that after the original zoning was approved
that the demand for the public school simply disappeared; what were
projections based on; how much tax and permit revenue does the City
expect to gain from the zoning change; and has anyone conducted a
census to the number of school age children in the area compared to
other areas in Moorpark. Mr. Johnson suggested that the City consider
selling the property or having a private school buy the property from
Pardee at market value.
Tracy Weymout, resident, spoke in opposition of the project and urged the
City to keep this as a school site and stated if a school is built the property
values will go up.
In response to Chair Hamous, Mr. Bobardt confirmed that the school
board meetings are open and they do accept comments and this item
would have been addressed at their meetings, and if Pardee does not
build a school on the site, it would continue to be zoned for a school and it
would be vacant as it is now.
In response to Commissioner Di Cecco, Mr. Vacca confirmed that the
school district does not want the site, and that they are the only people
that can build on it based on the current Development Agreement.
Kristin Showden, resident, spoke in opposition of the project and
expressed her concerns about whether there are any other alternatives
besides a residential development, and stated that a good neighborhood
school brings up property values.
Ivan Yeung, resident, spoke in opposition of the project and expressed
concerns about alternative uses of the site; it being a non-gated
community; and parking problems may occur. Mr. Yeung recommends a
charter school be built on the site, and strongly urged the City to consider
other alternatives.
Martin Neder, resident, spoke in opposition of the project and expressed
concerns about the Affordable Housing requirement, that it needs to stand
on its own in the proposed community and recommended that the City
consider upgrading the number of affordable units within the project;
secondary access should have a gate because it may be used as a
primary location for going in and out or the project and recommended that
it be redesigned with a gate per fire guidelines.
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Scott Lundgren, resident, spoke in favor of the project and discussed a
Moorpark Unified School District Board Meeting he attended regarding the
bond money that the School District used to pay to Pardee for the school
site land. Based on a lack of funding, the School District could not
develop or pay to maintain the school site, and that Pardee is doing the
existing residents a favor by not forcing the School District to spend
fifteen-million to purchase the land.
At this point in the meeting, Mr. Vacca read the language from the existing
Development Agreement between the City and Pardee Homes related to
the school site.
A discussion followed among the Commission and staff regarding the
transfer of the property which would have to go from Pardee or any
current property owner to Moorpark Unified School District or whatever
local school district entity is in place at that time. It is a current
requirement that the site is solely transferred to Moorpark Unified School
District for a District school facility. If Pardee were to sell to Toll Brothers
or any other developer or entity, they would still have to deal with the
School District. The City is party to the Development Agreement, which
was put together in 1999; Pardee did not own the project or the property at
that time.
At the request of the Commission, Mr. Bizzelle returned to the podium.
Mr. Bizzelle discussed how the construction of the project will be phased,
right in and out exits, and that Pardee Homes bought this community with
a public park, recreation facilities, a 22-acre school, and homes. When
they opened up the community they advertised all these beautiful features,
unfortunately the School District got into a situation where they could not
go forward with acquiring the property or building a school. Mr. Bizzelle
also stated that schools make great communities and believes a
community is made up of public schools.
Chair Hamous closed the public hearing.
A discussion followed among Commissioners regarding the project and a
recommendation was made to consider removing Special Condition No.
15 (page 64) that required a 6.5-foot high block wall adjacent to the park
because the wall will block natural views from the backyards of homes.
The Commission encouraged the public to attend the upcoming City
Council meeting and let their voices be heard regarding this item.
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Minutes of the Planning Commission
Moorpark, California Page June 15. 2010
MOTION: Commissioner Di Cecco moved and Commissioner Taillon seconded a
motion to approve staff recommendation, including staff recommendation
changes to Special Condition No. 17 and Planning Commission omission of
Special Condition No. 15, including adoption of Resolution No. PC 2010-555.
The motion carried by roll call vote: 3-1, Vice Chair Landis dissenting with a note,
The project is satisfactory, concerns with zone change, and lack of
understanding possibilities for school site outside the School District or
alternative school type uses."
The City Council has final approval authority for this project.
9. DISCUSSION ITEMS:
Cancellation of the June 22, 2010 Planning Commission meeting.
10. CONSENT CALENDAR
None.
11. ADJOURNMENT:
MOTION: Vice Chair Landis moved and Commissioner Di Cecco seconded a
motion to adjourn. The motion carried by unanimous voice vote. The time was
9:00 p.m.
Bruce A. Hamous, Chair
David A. Bobardt, Community Development Director
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ITEM 10.C.
MINUTES OF THE PLANNING COMMISSION
Moorpark. California August 24, 2010
A noticed Regular Meeting of the Planning Commission of the City of Moorpark was not
held on August 24, 2010 in the Council Chambers of said City located at 799 Moorpark
Avenue, Moorpark, California.
1. CALL TO ORDER:
Due to the lack of a quorum, the Community Development Director adjourned the
meeting to September 28, 2010 at 7:00 p.m., in the Community Center located at
799 Moorpark Avenue, Moorpark, California.
Bruce Hamous, Chair
David A. Bobardt, Community Development Director
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