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Resolution No. 2010-557
PLANNING COMMISSION
REGULAR MEETING AGENDA
OCTOBER 26, 2010
7:00 P.M.
Moorpark Community Center 799 Moorpark Avenue
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS:
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 atwww.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
October 26, 2010
Page 2
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS AND REPORTS ON
MEETINGS/CONFERENCES ATTENDED BY THE COMMISSION:
A. Future Agenda Items
CUP 2003-05 National Ready Mixed (Continued from August 26,
2009 to a date uncertain)
ii. CUP 2010-03 Wireless Facility
iii. CUP 2010-04 Lighthouse Church
iv. Housing Element Update
v. Rescinding Toll Mazur DA, GPA, ZC
vi. ZOA 2010-02 Massage Establishment Regulations
vii. ZOA 2010-03 Emergency Shelters etc.
8. PUBLIC HEARINGS: (next Resolution No. PC-2010-557)
A. Consider Conditional Use Permit (CUP) No. 2010-07, to Allow Sale of
Beer and Wine from an Existing Market at 596 Moorpark Avenue
(Moorpark General Store) for Off-Site Consumption, on the Application of
Hakam A. Barakat. Staff Recommendation: 1) Open the public hearing,
accept public testimony and close the public hearing; 2) Adopt Resolution
No. PC-2010- conditional approving Conditional Use Permit No. 2010-
07. (Staff: Freddy Carrillo)
B. Consider the Approval of Zoning Ordinance Amendment 2007-01 to
Amend Chapter 17.20 (Uses by Zone) and Chapter 17.42 (Wireless
Communications Facilities) of the Moorpark Municipal Code to Update the
Wireless Communication Facilities Review Process and Ensure
Consistency With Changes in State Law Regarding the Regulation of
Wireless Communications Facilities. Staff Recommendation: 1) Open the
public hearing, accept public testimony and close the public hearing; 2)
Adopt Resolution No. PC-2010- recommending that the City Council
approve Zoning Ordinance Amendment 2007-01. (Staff: Joseph Vacca)
9. DISCUSSION ITEMS:
A. Consider Canceling Regular Planning Commission Meetings in November
and December 2010, and Scheduling a Special Planning Commission
Meeting on November 30, 2010. Staff Recommendation: 1) Direct staff to
post notices of meeting cancellation for the November 23, 2010 and
December 28, 2010 regular Planning Commission meetings and schedule
a special Planning Commission meeting for November 30, 2010. (Staff:
David Bobardt)
S:\Community Development\LANNING COMMISSION\AGENDA\2010\10 1026 Regular Meeting Agencladoc
Regular Planning Commission Meeting Agenda
October 26, 2010
Page 3
10. CONSENT CALENDAR:
A. Consider Approval of the Regular Meeting Minutes of September 28,
2010. Staff Recommendation: Approve the minutes.
11. ADJOURNMENT:
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, including auxiliary aids or services, please contact the Community Development Department at
(805) 5174233. 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 35.10235.104;ADA Title II).
S'.\Community Development\PLANNING COMMISSION\AGENDA\2010\10 1026 Regular Meeting Agenda.doc
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss
CITY OF MOORPARK )
AFFIDAVIT OF POSTING
AGENDA
I, Joyce R. Figueroa, declare as follows:
That I am the Administrative Assistant of the City of Moorpark and that an agenda of the
Regular Meeting of the Moorpark Planning Commission to be held on Tuesday, October
26, 2010, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center,
799 Moorpark Avenue, Moorpark, California, was posted on October 22, 2010, at a
conspicuous place at the Moorpark Community Center, 799 Moorpark Avenue,
Moorpark, California.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on October 22, 2010.
()tea A„Atip lima
Joyce 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 20, 2010 (PC Meeting of 10/26/10)
SUBJECT: Consider Conditional Use Permit (CUP) No. 2010-07, to Allow Sale of
Beer and Wine from an Existing Market at 496 Moorpark Avenue
(Moorpark General Store)for Off-Site Consumption, on the Application
of Hakam A. Barakat
BACKGROUND
A Conditional Use Permit application was filed by Hakam A. Barakat on August 31, 2010,
to sell beer and wine for off-site consumption, (California Department of Alcohol Beverage
Control Type 20 License) from the existing 3,600 square-foot Moorpark General Store
market at 496 Moorpark Avenue (within the Downtown Specific Plan area).
DISCUSSION
Project Setting
Existing Site Conditions:
The 3,600 square-foot building on the southeast corner of Moorpark Avenue and First
Street was recently remodeled and expanded, with work completed in 2007. The property
has five parking spaces located in the rear, including a handicap space.
Previous Applications:
Planned Development Permit No. 945 was approved on May 8, 1981, to permit a 2,016
square-foot restaurant at this site. Prior to that time, the subject building was occupied by a
used furniture store. On September 7, 2004, Permit Adjustment No. 2004-14 to Planned
Development Permit No. 945 was approved for a 1,584 square-foot addition to the
commercial building, improvements to the site, and a total facade renovation. The building
is currently used as a neighborhood market, which currently sells meat, dairy, produce and
general grocery and retail merchandise.
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Honorable Planning Commission
October 26, 2010
Page 2
GENERAL PLAN/ZONING
Direction General Plan Zoning I Land Use
General Neighborhood
Site Commercial Commercial Retail/Market
(C-2) (C-1) _.. _.
Old Town Old Town
North Commercial Commercial Office/Commercial
(COT) (COT)
General Neighborhood
South Commercial Commercial Vacant Building
(C-2) (C-1) _.... __.
Medium Density Single Family Single Family
East Residential Residential Dwellings
(4DU/AC) (R-1)
Neighborhood Neighborhood
West Commercial Commercial Retail/Market
(C-1 (C-1)
General Plan and Zoning Consistency:
The project site is within the Downtown Specific Plan area. The General Commercial land
use designation and Neighborhood Commercial zoning of the property encourages
commercial uses such as this neighborhood market in this portion of the downtown area.
The Zoning Ordinance requires Planning Commission approval of a Conditional Use Permit
to allow the market to sell beer and wine for off-site consumption in the Neighborhood
Commercial (C-1) Zone.
ANALYSIS
Issues
Ensuring that the sale of beer and wine from this location does not create a neighborhood
nuisance either individually or collectively with other markets that sell alcoholic beverages
is the primary issue for Planning Commission consideration in their review of the
Conditional Use Permit application. Conditions are recommended by staff to address
security concerns associated with the sale of beer and wine. These conditions are
consistent with those applied to other food markets in Moorpark which are permitted to sell
beer, wine and other alcoholic beverages.
The applicant is concurrently processing an application with the California Department of
Alcoholic Beverage Control (ABC) for the sale of beer and wine for off-site consumption.
The ABC measures the number of businesses selling alcoholic beverages by census tract,
and compares this number to other census tracts in the area. Based on thirteen
establishments selling beer and wine or beer, wine and liquor, ABC has determined that
there is an over-concentration of alcohol permits in Census Tract 76.02, where the project
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Honorable Planning Commission
October 26, 2010
Page 3
is located. This census tract is a large census tract that includes all areas south of the
railroad tracks, north and west of the Arroyo Simi and east of Gabbed Road. Therefore,
existing commercial areas within this Census Tract include: the Moorpark Town Center,
Mission Bell Plaza, Park Lane Center, Village Retail Auto Center, The Grove, Tuscany
Square, Gateway Plaza, LA Spring, and Moorpark Plaza shopping centers. This census
tract includes most of Moorpark's commercial land, and therefore would be expected to
have more establishments selling alcoholic beverages than other census tracts in
Moorpark. Census Tract 76.02 currently has a healthy mix of many types of commercial
land uses, including a variety of retail stores, restaurants, auto repair shops and personal
service establishments. A permit for the sale of beer and wine from this location will not, in
the opinion of Community Development staff, result in a detrimental over-concentration of
such permits. In order for ABC to issue an alcohol license, the applicant must obtain a
Conditional Use Permit, and subsequently the Community Development Department must
issue a letter of"Public Convenience and Necessity." Given that the primary use is a food
market and the beer and wine sales would be ancillary to the existing use, and the market
contributes to the economic development of the city, this finding can be made for this
license.
Similar Uses—ABC has issued permits for six establishments to sell beer and wine (Type
20 License) and for seven establishments to sell beer, wine and liquor(Type 21 License)
for off-site consumption within Census Tract 76.02, as follows:
Type 20 Licenses (Beer and Wine Only)
❖ 7-Eleven, located at 530 Los Angeles Avenue, Unit 1A, within the Moorpark Plaza
shopping center
❖ Shell Station, located at 301 Los Angeles Avenue, within the Mission Bell Plaza
shopping center
❖ 76 Gas Station, located at 550 Los Angeles Avenue
• Alliance Food Market and Gas Station, located at 50 Los Angeles Avenue
• Fresh & Easy Market, located at 144 Los Angeles Avenue, Unit G, within the
Tuscany Square shopping center
Tellos Mexican Food, located at 415 Moorpark Avenue
Type 21 Licenses (Beer, Wine, and Other Alcoholic Beverages)
• Ralph's, located at 101 Los Angeles Avenue, within the Moorpark Town Center
shopping center
• The Wine Castle Two, located at 525 Los Angeles Avenue, Unit E, within the LA
Spring shopping center
• Moorpark Central Market, located at 50 Poindexter Avenue
• Moorpark Central Market #2, located at 375 Moorpark Avenue
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Honorable Planning Commission
October 26, 2010
Page 4
❖ Albertsons, located at 475 Los Angeles Avenue, within the Mission Bell Plaza
Moorpark Liquor Store, located at 312 Los Angeles Avenue, within the Park Lane
Center
• CVS Pharmacy, located at 155 Los Angeles Avenue. within the Moorpark Town
Center shopping center
The applicant has indicated that the standard hours of operation will be:
7:00 a.m. to 10:00 p.m. Sunday to Thursday, and;
7:00 a.m. to 11:00 p.m. Friday and Saturday.
Any extension of these hours in the future may increase late night activity and noise in the
neighborhood with the beer and wine sales. Given the Neighborhood Commercial zoning
of the site and nearby residential uses, a Condition of Approval is recommended to limit the
hours of operation of the store to those noted above.
Currently, the market has a 23-foot long walk-in display cooler with 11 self serve reach-in
doors, where current display items consist of water, soda, sports-energy drinks, juice and
dairy products such as milk, eggs, cheese and yogurt. The applicant is proposing to
dedicate 6 of the 11 self serve reach-in doors for the display and retail of beer and wine. In
addition, he is also proposing to have a 4-foot by 3-foot area of retail space for pre
packaged beer and wine containers, for display and retail in a non-refrigerated manner.
Since this is a neighborhood market, staff has added condition#14, as follows"Sales area
dedicated for display of refrigerated beer and wine must not exceed 6 self serve reach-in
doors and 12 square feet of non-refrigerated display of beer and wine, as the total floor
area for display of retail and saleable beer and wine for the total floor area of the
neighborhood market.". This would ensure that beer and wine would be provided as a
convenience to market customers and it would not become a dominant part of the products
offered for sale.
The Moorpark Police Chief has provided recommended conditions, as follows:
• All cold storage of wine and beer must be limited to the west-facing cold storage
four glass door fronts furthest from the customer entrance door, and the two south
facing doors.
• All room temperature bulk storage of beer and wine must be limited to areas away
from the entrance/exit doors.
• A security color-video camera must be positioned to monitor areas that are used to
store beer and wine.
Staff has incorporated the recommended conditions above as conditions of approval in the
proposed resolution, associated with this request.
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Honorable Planning Commission
October 26, 2010
Page 5
Findings
A. The proposed use is consistent with the provisions of the General Plan, zoning
ordinance, and any other applicable regulations, in that the sale of beer and wine for
off-site consumption is an ancillary use to the approved retail market use, a use
consistent with the General Plan and Zoning.
B. The proposed use is compatible with both existing and permitted land uses in the
surrounding area, in that this is an approved retail market use where sale of beer
and wine is not unexpected.
C. The proposed use is compatible with the scale, visual character and design of
surrounding properties, in that the sale of beer and wine for off-site consumption is
an ancillary use to the approved retail market use and does not require any
modifications to the approved building.
D. The proposed use would not be obnoxious or harmful, or impair the utility of
neighboring property or uses, in that conditions are required to ensure proper
control of the sale of beer and wine for off-site consumption.
E. The proposed use would not be detrimental to the public health, safety,
convenience, or welfare, in that conditions are required to ensure proper control of
the sale of beer and wine for off-site consumption.
Additional Conditional Use Permit Findings for establishments selling alcohol
beverages:
A. The use will not result in an over concentration in the area of establishments selling
alcoholic beverages, in that the proposal is enhancing an existing retail
establishment where such uses are traditionally anticipated, consistent with the land
use development pattern of the City of Moorpark;
B. The use will serve a public convenience, in that the sale of beer and wine for off-site
consumption is an ancillary use to the existing retail market use;
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 and wine for off-site
consumption;
D. The requested use at the proposed location will not adversely affect the economic
welfare of the community; and
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 or impair property values within the
neighborhood.
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Honorable Planning Commission
October 26, 2010
Page 6
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 15, 2010
Planning Commission Action Deadline: December 14, 2010
City Council Action Deadline: N/A
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 (ER) is prepared.
The Community Development Director has reviewed this project and found it to qualify for a
General Rule Exemption in accordance with Section 15301 (Class 1: Existing Facilities) of
California Code of Regulations (CEQA Guidelines). No further environmental
documentation is required.
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Honorable Planning Commission
October 26, 2010
Page 7
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the public hearing.
2. Adopt Resolution No. PC-2010- conditional approving Conditional Use Permit
No. 2010-07.
ATTACHMENTS:
1. Location Map
2. Aerial Photograph
3. Existing Floor Plan
4. Draft PC Resolution with Conditions of Approval
7
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Conditional Use Permit No. 2010-07
496 Moorpark Avenue (Moorpark General Store)
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Aerial Photograph
Conditional Use Permit No. 2010-07
496 Moorpark Avenue (Moorpark General Store)
L.
PROJECT EXHIBITS
A. Existing Floor Plan
(UNDER SEPARATE COVER)
COPIES OF THE EXHIBITS ARE AVAILABLE
UPON REQUEST OF THE PROJECT PLANNER
PC ATTACHMENT 3
RESOLUTION NO. PC-2010-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. 2010-07, A CONDITIONAL USE
PERMIT TO ALLOW THE SALE OF BEER AND WINE AT AN
EXISTING MARKET (MOORPARK GENERAL STORE) FOR OFF-
SITE CONSUMPTION, AT 496 MOORPARK AVENUE, ON THE
APPLICATION OF HAKAM A. BARAKAT
WHEREAS, at duly noticed public hearing on October 26, 2010 the Planning
Commission considered Conditional Use Permit (CUP) No. 2010-07 on the application
of Hakam A. Barakat to allow the sale of beer and wine at an existing 3,600 square-foot
market for off-site consumption, at 496 Moorpark Avenue; and
WHEREAS, at its meeting of October 26, 2010 the Planning Commission
considered the agenda report and any supplements thereto and written public
comments; opened the public hearing and took and considered public testimony both
for and against the proposal; closed the public hearing and on October 26, 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 sale of beer and wine
for off-site consumption is an ancillary use to the approved retail market use, a
use consistent with the General Plan and Zoning.
B. The proposed use is compatible with both existing and permitted land uses in the
surrounding area, in that this is an approved retail market use where sale of beer
and wine is not unexpected.
C. The proposed use is compatible with the scale, visual character and design of
surrounding properties, in that the sale of beer and wine for off-site consumption
is an ancillary use to the approved retail market use and does not require any
modifications to the approved building.
PC ATTACHMENT 4
11
Resolution No. PC-2010-
Page 2
D. The proposed use would not be obnoxious or harmful, or impair the utility of
neighboring property or uses, in that conditions are required to ensure proper
control of the sale of beer and wine for off-site consumption.
E. The proposed use would not be detrimental to the public health, safety,
convenience, or welfare, in that conditions are required to ensure proper control
of the sale of beer and wine for off-site consumption.
SECTION 2. ADDITIONAL CONDITIONAL USE PERMIT FINDINGS FOR
ESTABLISHMENTS SELLING ALCOHOL BEVERAGES:
A. The use will not result in an over concentration in the area of establishments
selling alcoholic beverages, in that the proposal is enhancing an existing retail
establishment where such uses are traditionally anticipated, consistent with the
land use development pattern of the City of Moorpark;
B. The use will serve a public convenience, in that the sale of beer and wine for off-
site consumption is an ancillary use to the existing retail market use;
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 and wine for off-site
consumption;
D. The requested use at the proposed location will not adversely affect the
economic welfare of the community; and
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 or impair property values within the
neighborhood.
SECTION 3. PLANNING COMMISSION APPROVAL: the Planning
Commission herby approves Conditional Use Permit No. 2010-07 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.
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12
Resolution No. PC-2010-
Page 3
The action of the foregoing direction was approved by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
PASSED, AND ADOPTED this 26th day of October, 2010.
Bruce Hammous, Chair
David A. Bobardt, Community Development Director
Exhibit A— Standard and Special Conditions of Approval
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13
Resolution No. PC-2010-
Page 4
EXHIBIT A
STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE
PERMIT (CUP) No. 2010-07
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 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.
2. 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.
3. 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 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.
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Resolution No. PC-2010-
Page 5
4. 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.
5. The development must be in substantial conformance with the plans presented in
conjunction with the application for Conditional Use Permit No. 2010-07 except any
modifications as may be required to meet specific Code standards or other
conditions stipulated herein.
6. 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 Conditional Use
Permit, including fifteen (15%) percent overhead on any such services.
7. No person under the age of eighteen (18) shall sell packaged alcoholic beverages.
8. All exterior areas of the site, including parking areas under use by the facility, shall
be maintained free of litter and debris at all times.
9. Conditional Use Permit No. 2010-07 may be revoked or its use suspended by the
City, if any of the causes listed in Section 17.44.080.8 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.
10.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.
11.Areas inside the establishment open to customers must be illuminated sufficiently to
allow the identification of persons.
12.The applicant or his/her designee shall be responsible to police the exterior of the
business to assure that no alcoholic beverages are consumed within the parking lot.
The applicant shall not permit any loitering in the parking lot or in areas adjacent to
the facility.
13.Hours of operation for the store are limited to 7:00 a.m. to 10:00 p.m. Sunday
through Thursday and 7:00 a.m. to 11:00 p.m. Friday and Saturday.
14.Sales area dedicated for display of refrigerated beer and wine must not exceed 6
self serve reach-in doors and 12 square feet of non-refrigerated display of beer and
wine, as the allowable display of retail and saleable beer and wine for the total floor
area of the neighborhood market. All cold storage of wine and beer must be limited
to the west-facing cold storage four glass door fronts furthest from the customer
entrance door, and the two south facing doors. All room temperature bulk storage of
beer and wine must be limited to areas away from the entrance/exit doors to the
satisfaction of the Police Chief.
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15
Resolution No. PC-2010-
Page 6
15.No exterior advertising of any kind or type is allowed promoting or indicating the
availability of alcoholic beverages. Interior displays of beer or wine that are clearly
visible to the exterior shall constitute a violation of this condition.
16.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.
17.A closed-circuit security color-video camera must be positioned to monitor areas that
are used to store beer and wine. The closed-circuit television cameras must provide
monitoring and recording of the sales counter to show employee/customer
transactions, as well as, the reach-in refrigerators and surrounding floor area. This
system must have the capability to record 24 hours, and this system must be
protected from access by employees and customers.
18.Any and all employees directly involved or supervising the sale 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.
END
S\Community Development\DEV PMTS\C U P\2010\2010-07 Moorpark General Store\Resolutions'PC_Reso.doc
16
ITEM: 8.B.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
David A. Bobardt, Community Development Director
Prepared by Joseph R. Vacca, Principal Planno DATE: October 5, 2010 (Meeting of 10/26/10)
SUBJECT: Consider the Approval of Zoning Ordinance Amendment 2007-01 to
Amend Chapter 17.20 (Uses by Zone) and Chapter 17.42 (Wireless
Communications Facilities)of the Moorpark Municipal Code to Update
the Wireless Communication Facilities Review Process and Ensure
Consistency With Changes in State Law Regarding the Regulation of
Wireless Communications Facilities.
BACKGROUND
On March 8, 2002, City Council adopted Ordinance No. 278,which established regulations
for wireless communications facilities in Chapter 17.42 of the Moorpark Municipal Code,
and updated Chapter 17.20, making wireless communications facilities conditionally
permitted uses in all zones. On September 29, 2006, California Senate Bill No. 1627 was
enacted, limiting a city's review authority to a ministerial permit for previously approved
wireless communications collocation facilities. The law became effective January 1, 2007.
An example of a collocation facility is where a cellular phone company adds antenna
panels to an existing antenna structure, with electronic equipment either within or next to
the existing equipment structure or underground vault. Current city regulations require
Planning Commission discretionary approval ofa Conditional Use Permit for such a facility,
which needs to be updated for consistency with State law.
On January 17, 2007, the City Council adopted Resolution No. 2007-2556 which directed
staff and Planning Commission to study, hold a public hearing and provide a
recommendation to City Council on a Zoning Ordinance Amendment regarding Moorpark
Municipal Code Chapters 17.20 and 17.42, which establish the city's review process and
standards for wireless communications antennas and equipment structures, including
wireless communications collocation facilities. The City Council will be considering the
Planning Commission recommendation on this Zoning Ordinance Amendment to address
Chapter 17.20, along with recommended changes to Chapter 17.42.
17
Honorable Planning Commission
October 26, 2010
Page 2
DISCUSSION
The wireless communications facilities ordinance, Chapter 17.42 has been reformatted to
make it easier to read and use. The zoning ordinance amendment also addresses the
discretionary review process for wireless communications facilities. Ultimately the
permitted use tables of Chapter 17.20 are being amended so that a collocation facility can
be constructed with the approval of a zoning clearance, (non-discretionary approval)and a
building permit, without requiring a public hearing so long as a wireless communications
collocation facility is already duly approved.
ANALYSIS
The proposed ordinance includes the following five modifications:
• It reorganizes Chapter 17.42.
• It amends the Use Matrix Table 17.20.050.0 and 17.20.060.E allowing over-
the-counter review of a wireless facility that is part of an approved collocation
wireless communications facility.
• It adds a collocation facility definition.
• It amends the discretionary review process for wireless communications
facilities, including collocation facilities.
• It requires the placement of accessory support equipment within
underground vaults for minor facilities.
Reorganization: The regulations and standards of Chapter 17.42 have been readjusted
into an outlined table format for ease of use by staff and the public. This is consistent with
the city's most recently approved zoning ordinance amendments. Original Section
17.42.060, "Required findings for all wireless facilities" -is proposed to be relocated and
renumbered as Section 17.42.080. The Sections of the Chapter are to be renumbered and
placed in locations of the chapter according to the following:
• Section 17.42.050 Regulations for major, minor wireless communications
facilities; and
Section 17.42.060 Additional regulations for minor facilities; and
▪ Section 17.42.070 Additional regulations for major facilities.
> Section 17.42.080 Required findings for all wireless facilities
• Section 17.12.000 Public property facilitico—to be deleted because it is
not used
r. Section 17.12.100 App al of review and noticco— to be deleted because
it is repetitive
• Section 17.42.110 Reservation of right to review and permits—to be
deleted because it is unnecessary
• Section 17.42.090120 Facility Removal —to be renumbered
v Section 17.42.100330 Temporary use during declared emergency—to be
renumbered
\mor_pri sery\Department Snare\Community Development\DEV PMTS\Z 0 A12007\01 Wireless Comm.Fac\Hgenda Rpls\PC Agenda Report 101026 doe 18
Honorable Planning Commission
October 26, 2010
Page 3
As part of the reorganization of Chapter 17.42, superfluous language or text that is
repeated in other Chapters of the municipal code is recommend to be deleted.
Tables 17.20.050 and 17.20.060 (Use Matrices): Tables 17.20.050 and 17.20.060 would
be modified so that major wireless communication facilities would still require Conditional
Use Permits, and minor wireless communications facilities would require Community
Development Director-approved Administrative Permits instead of Planning Commission-
approved Conditional Use Permits. In order to comply with updates to State law,
applications for a building permit for construction of pre-approved collocation wireless
communications facilities (consistent with conditions of approval of a pre-approved
discretionary permit for collocation wireless communications facilities), would be approved
with an over-the-counter zoning clearance.
Collocation facility: A definition has been added to clarify that a collocation facility means
the placement or installation of wireless facilities, including multiple antennas, and related
equipment,which may be owned or operated by one(1)or more service providers at single
or adjacent parcels or lots and which may or may not be mounted to a common supporting
structure, wall or building, which may be approved by a zoning clearance when consistent
with a duly approved discretionary permit for a collocation wireless communications facility.
Discretionary review process: In order to streamline the review process and encourage
"stealth" wireless communications facilities, staff is recommending that minor wireless
communications facilities, (including collocation facilities when characterized as minor
wireless communications facilities), be reviewed by the Community Development Director
in compliance with the Administrative Permitting review process. Minor wireless
communications facilities or collocation facilities are wall mounted, utility mounted, or roof
mounted as follows:
1. If wall mounted, the facility is architecturally compatible with the building
structure and surrounding land uses;
2. If utility mounted, the facility is required to be compatible with surrounding
land uses, must be proposed for attachment to an existing above-ground
structure, and comply with all other provisions of Section 17.42.060(B),
17.42.060(C), and 17.42.060(D) of this code;
3. If roof mounted, the entire facility must be screened with solid material on
four (4) sides or integrated into the architecture of the building, must be
architecturally compatible with surrounding land uses, and must not exceed
the maximum building height of the applicable zone district in which the
facility is located; and
4. If wall mounted, utility mounted, or roof mounted, qualifies as a disguised
facility or a stealth facility.
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Honorable Planning Commission
October 26, 2010
Page 4
As the existing code explains above a minor facility is one that will blend within the
surrounding land uses and is compatible with the site in which it is to be located and will be
a disguised or stealth facility. If a wireless communications facility is not categorized as a
minor facility than it is considered to be a major wireless communications facility and it is
recommended to continue to require conditional use permit applications for major facilities.
Support Equipment within Underground Vaults: Section 17.42.050.A.2 Regulations for
major, minor wireless communications facilities, would be modified by requiring
underground vaults for support equipment for minor facilities. Language has been
proposed stating that any and all accessory equipment, or other equipment associated with
the operation of a minor facility, including but not limited to transmission cables, shall be
located within conduit,or in an underground vault in a manner that complies with the
development standards of the zoning district in which such equipment is located. Any and
all accessory equipment, or other equipment associated with the operation of a major
facility, including but not limited to transmission cables, shall be located within conduit or in
an underground vault in a manner that complies with the development standards of the
zoning district in which such equipment is located; but accessory equipment for a major
facility may be located within an above ground building, or an enclosure only if reviewed
and approved by the Planning Commission in conjunction with review of a conditional use
permit application.
The City Attorney's office has reviewed the draft Zoning Ordinance Amendment No. 2007-
01, (Attachment 1) and has determined that the changes are acceptable and do not conflict
with Federal or State Law.
PROCESSING TIME LIMITS
Since this is an action initiated by the City, the processing time limits under the Permit
Streamlining Act(Government Code Title 7, Division 1, Chapter 4.5), the Subdivision Map
Act (Government Code Title 7, Division 2), and the California Environmental Quality Act
Statutes and Guidelines (Public Resources Code Division 13, and California Code of
Regulations, Title 14, Chapter 3) are not applicable.
ENVIRONMENTAL DETERMINATION
In accordance with the City's environmental review procedures adopted by resolution, the
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.
\\morynserv\Depadment Share\Community Development\DEV PMTS\Z 0 A\2007\01 Wireless Comm.Fac\Agenda Rpts■PC Agenda Repod 101026.doc 20
Honorable Planning Commission
October 26, 2010
Page 5
Based upon the results of an Initial Study,the Director may determine that a project will not
have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt
a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects,
a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient
environmental documentation. If the Director determines that a project has the potential for
significant adverse impacts and adequate mitigation can not be readily identified, an
Environmental Impact Report (EIR) is prepared.
The Director has reviewed this project and found it to qualify for a General Rule Exemption
in accordance with Section 15061 of California Code of Regulations (CEQA Guidelines).
No further environmental documentation is required.
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the public hearing.
2. Adopt Resolution No. PC-2010- recommending that the City Council approve
Zoning Ordinance Amendment 2007-01.
ATTACHMENTS:
1. Draft PC Resolution which contains the following:
Exhibit A—Table 17.20.050, Sections C et seq. in legislative format
Exhibit B — Table 17.20.060, Sections E et seq. in legislative format
Exhibit C — Chapter 17.42 as proposed
mnoryri serv1Department Share\Community DevelopmentDEV PMTStZ O Al 2007101 Wireless Comm.Fac'Agenda Rpts\PC Agenda Report 101028 doc 21
RESOLUTION NO. PC-2010-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE
CITY COUNCIL THE ADOPTION OF ZONING ORDINANCE
AMENDMENT NO. 2007-01, TO AMEND CHAPTER 17.20 (USES
BY ZONE) AND CHAPTER 17.42 (WIRELESS
COMMUNICATIONS FACILITIES) OF THE MOORPARK
MUNICIPAL CODE TO UPDATE THE REVIEW PROCESS AND
ENSURE CONSISTENCY WITH CHANGES IN STATE LAW
REGARDING THE REGULATION OF WIRELESS
COMMUNICATIONS FACILITIES
WHEREAS, at its meeting of January 17, 2007 the City Council adopted
Resolution No. 2007-2556 directing the Planning Commission to consider a zoning
ordinance amendment that would amend Chapters 17.20 and 17.42 of the Moorpark
Municipal Code to ensure that regulations related to wireless communications
collocation facilities are consistent with State law, the City's General Plan and other
provisions of the City's Zoning Ordinance; and
WHEREAS, at a duly noticed public hearing on October 26, 2010, the Planning
Commission considered Zoning Ordinance Amendment No. 2007-01, to amend Chapter
17.20 (Uses By Zone) and amend Chapter 17.42 (Wireless Communications Facilities)
of the Moorpark Municipal Code; and
WHEREAS, at its meeting of October 26, 2010 the Planning Commission
considered the agenda report and any supplements thereto and written public
comments; opened the public hearing and took and considered public testimony both
for and against the proposal; and on October 26, 2010 reached a decision on this
matter; and
WHEREAS, the Planning Commission concurs with the Community Development
Director's determination that this project is exempt from the provisions of the California
Environmental Quality Act by the general rule that CEQA only applies to projects that
may have a significant effect on the environment.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. GENERAL PLAN AND SPECIFIC PLAN CONSISTENTY: The
Planning Commission finds Zoning Ordinance Amendment No. 2007-01 to amend
Chapters 17.20 and 17.42, to be consistent with the City of Moorpark General Plan and
all adopted Specific Plans.
PC ATTACHMENT 1
22
Resolution No. PC-2010-
Page 2
SECTION 2. PLANNING COMMISSION RECOMMENDATION: The
Planning Commission recommends to the City Council the adoption of Zoning
Ordinance Amendment No. 2007-01 to amend Chapter 17.20 Uses by Zone and to
replace Chapter 17.42 Wireless Communications Facilities in its entirety as
recommended by staff and shown as Exhibits A, B, and C 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 26th day of October, 2010.
Bruce Hamous, Chair
David A. Bobardt, Community Development Director
Exhibit A - Table 17.20.050.C. et seq. in legislative format
Exhibit B - Table 17.20.060.E. et seq. in legislative format
Exhibit C - Chapter 17.42
\Mor_pri_seMDepartment Share\Community Development\DEV PMTSZ 0 A\2007\01 Wireless Comm.
Fac\Ord\PC_Reso_aprvg_ZOA07_01 101026.doc
23
Resolution No. PC-2010-
Page 3
EXHIBIT A
Table 17.20.050, Permitted Uses in the Open Space, Agricultural, Residential,
and Special Purpose Zones, Section C et seq. of the Moorpark Municipal Code,
is amended as shown below:
Table 17.20.050
PERMITTED USES IN OPEN SPACE, AGRICULTURAL,
RESIDENTIAL, AND SPECIAL PURPOSE ZONES
[Blank] = Not permitted
AP=Administrative Permit
CUP=Conditional Use Permit
NZC = No Zoning Clearance required
TUP=Temporary Use Permit
ZC= Permitted by Zoning Clearance
Zones O-S A-E R-A R-E R-O R-1 R-2 RPD TPD
C. Public and Quasi-
Public Uses
•
1. Places of religious CUP CUP CUP CUP CUP CUP CUP
worship, with or without
schools
2. Clubhouses with or CUP CUP CUP CUP CUP
without alcoholic
beverage safes
3. Colleges and CUP
universities
n Co..,..„ eatipnc CUP CUP CUP CUP CUP CUP CUP CUP CUP
with-the-requirements
of Chapter 17.42(pre
appremed4beations
require only an AP)
54. Energy production CUP CUP CUP
from renewable
resources
65. Governmental uses CUP CUP CUP CUP CUP CUP CUP CUP CUP
including, but not
limited to city offices,
community rooms, fire
stations, human service
centers, libraries, police
stations, public utility
facilities
24
Resolution No. PC-2010-
Page 4
Zones O-S A-E R-A R-E R-O R-1 R-2 RPD TPD
7-.6. Utility structures AP AP AP AP AP AP AP AP AP
(electrical boxes,
transformers and valve
apparatus that have no I
covered floor area and 1,
are attached to the
i ground by poles,
columns or pedestals
shall not require a I
zoning clearance) _
$7. Wireless CUP CUP CUP CUP CUP CUR CUP CUP CUP
communications
facilities, in accordance i
with the requirements
of Chapter 17.42(pre
appimveeMesatiess L
require-only an-AP) _
a Maior wireless CUP CUP CUP CUP CUP CUP CUP CUP CUP
communications
facilities
b. Minor wireless AP AP AP AP AP AP AP AP AP
communications
facilities
c. Pre-approved ZC ZC ZC ZC ZC ZC ZC ZC ZC
collocation wireless
communications
facilities
The balance of Table 17.20.050 remains unchanged.
25
Resolution No. PC-2010-
Page 5
EXHIBIT B
Table 17.20.060, Permitted Uses in the Commercial and Industrial Zones,
Section E, et seq. of the Moorpark Municipal Code, is amended as shown below:
Table 17.20.060
PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES
[Blank]=Not permitted
AP=Administrative Permit
CUP =Conditional Use Permit
NZC=No Zoning Clearance required
TUP=Temporary Use Permit
ZC=Permitted by Zoning Clearance
Zones C-O C-1 CPD C-OT M-1 M-2
C-2
E. Public and Semi-Public Uses
1. Amusement and recreational
facilities as defined in Chapter 17.08
a. Arcades(video and computer)and CUP CUP CUP CUP
cyber cafés
b. Health club/gymnasium/fitness AP* AP* AP* AP* AP*
center/spa
(*if within one hundred (100)feet of a
residentially zoned property a
conditional use permit is required)
2. Care facilities, including adult day CUP CUP CUP
care facilities,Alzheimer's day care
facilities, congregate living health
facilities, child day care centers,
community treatment facilities, foster
family and adoption agencies,
hospices, long-term health care
facilities, residential care facilities for
the elderly, residential care facilities
for persons with chronic life-
threatening illness, skilled nursing and
intermediate care facilities, social
rehabilitation facilities, therapeutic day
services facilities, transitional housing
placement facilities, and transitional
shelter care facilities as defined in
Division 2 of the Health and Safety
Code
3. Clubhouses, social clubs, service CUP CUP
clubs with or without alcohol
CUP CUP CUP CUP CUP CUP CUP
requirements of Chapter 17.12 (pre
54. Energy production from renewable CUP CUP
resources
26
Resolution No. PC-2010-
Page 6
Zones C-O C-1 CPD C-OT M-1 M-2
C-2
65. Governmental uses including, but CUP CUP CUP CUP CUP CUP CUP
not limited to city offices, community
rooms, fire stations, human service
centers, libraries, police stations.,
public utility facilities
76. Hospitals including urgent care (*if AP" AP* AP` AP*
within one hundred (100) feet of a
residentially zoned property a
conditional use permit is required)
87. Places of religious worship CUP CUP
98. Private education facilities CUP
including, but not limited to colleges
and universities, elementary, middle
and high schools
489. Private training facilities AP* AP* AP* AP* AP*
including, but not limited to
professional and vocational schools,
art and craft schools, music schools
not part of a music store, and driver
training schools(*if within one
hundred (100)feet of a residentially
zoned property a conditional use
permit is required)
4410. Recreational facilities (private) AP* AP* AP* AP* AP* CUP
with/without food services, including
but not limited to bicycle and skate
parks, golf courses, gymnasiums,
fitness, health spas, martial arts,
racquetball, yoga. Bicycles and skate
parks shall be in compliance with
Chapter 17.28(*if within one hundred
(100) feet of a residentially zoned
property a conditional use permit is
required)
4211. Utility structures (electrical AP AP AP AP AP AP AP
boxes, transformers and valve
apparatus that have no covered floor
area and are attached to the ground
by poles, columns or pedestals shall
not require a zone clearance)
12. Wireless communications
facilities in accordance with the
re•uirements of Chapter 17.42
a. Maior wireless communications CUP CUP CUP CUP CUP CUP CUP
facilities
b. Minor wireless communications AP AP AP AP AP AP AP
facilities
c. Pre-approved collocation wireless ZC ZC ZC ZC ZC ZC ZC
communications facilities
The balance of Table 17.20.060 remains unchanged.
27
Resolution No. PC-2010-
Page 7
EXHIBIT C
Existing Chapter 17.42 Wireless Communications Facilities is replaced in its
entirety with the following:
Chapter 17.42
WIRELESS COMMUNICATIONS FACILITIES
Sections:
17.42.010 Purpose.
17.42.020 Definitions.
17.42.030 Applicability.
17.42.040 Application requirements for all wireless
communications facilities.
17.42.050 Development requirements for all wireless
communications facilities.
17.42.060 Additional regulations for minor facilities.
17.42.070 Additional regulations for major facilities.
17.42.080 Required findings for all wireless facilities.
17.42.090 Facility removal.
17.42.100 Temporary use during declared emergency.
17.42.010 Purpose.
A. The purpose of these requirements and guidelines is to regulate the
location and design of wireless communications facilities as defined herein to
facilitate the orderly deployment and development of wireless communications
services in the city, to ensure the design and location of wireless communications
facilities are consistent with policies of the City previously adopted to guide the
orderly development of the city to promote the public health, safety, comfort,
convenience, quality of life and general welfare of the city's residents, to protect
property values and enhance aesthetic appearance of the city by maintaining
architectural and structural integrity, and by protecting views from obtrusive and
unsightly accessory uses and facilities.
B. In adopting and implementing the regulatory provisions of this chapter,
it is the intent of the City Council to further the objectives specified above, and to
create reasonable regulations in conformance with the provisions of the
Telecommunication Act of 1996 without unnecessarily burdening the federal
interests in ensuring access to telecommunication services, in promoting fair and
effective competition among competing communication service providers, and in
eliminating local restrictions and regulations that, with regard to antennas, may
preclude reception of an acceptable signal quality or may unreasonably delay,
prevent, or increase the cost of installation, maintenance, or use of such
antennas.
28
Resolution No. PC-2010-
Page 8
C. With regard to applications to place wireless communications facilities
in the public right-of-way, these regulations are intended to be reasonable time,
place, and manner regulations in accordance with the city's powers, California
Public Utilities Code section 7901, and the Telecommunications Act of 1996
(specifically, Title 47, United States Code, Section 253 and Section 332 (c) (7)). If
an application to place wireless communications facilities in the public right-of-
way complies with the rules and guidelines set forth in this chapter, then the city
shall issue any necessary permits for completion of the facilities.
17.42.020 Definitions.
For purposes of this chapter, the following words, terms, phrases and their
derivations shall have the meanings given herein. The word "shall" is always
mandatory and not merely directory. If a definition is not listed in this Chapter,
Chapter 17.08 of the Moorpark Municipal Code shall control.
"Accessory equipment" means any equipment installed, mounted,
operated or maintained in close proximity to an antenna structure to provide
power to the antenna structure or to receive, transmit, or store signals or
information received by or sent from an antenna. For the purposes of this
chapter, facilities are categorized by the manner in which antennas are mounted
and not by the placement of accessory equipment. It is presumed that all facilities
shall include accessory equipment, which shall not affect how the facility is
mounted.
"Antenna structure" means an antenna, any structure designed specifically
to support an antenna, and/or any appurtenances mounted on such structure or
antenna.
"Collocation" or "collocated" means the location of multiple antennas which
may be owned or operated by one (1) or more service providers at single or
adjacent parcels or lots and which may or may not be mounted to a common
supporting structure, wall or building.
"Collocation facility" means the placement or installation of wireless
facilities, including multiple antennas, and related equipment, which may be
owned or operated by one (1) or more service providers at single or adjacent
parcels or lots and which may or may not be mounted to a common supporting
structure, wall or building, which may be approved by a zoning clearance when
consistent with a duly approved discretionary permit for a collocation wireless
communications facility.
"Commercial mobile service" means any mobile service that (1) is offered
in return for monetary compensation, (2) is available to the public or a substantial
portion of the public and (3) provides subscribers with the ability to access or
receive communication from the public switched telephone network. Commercial
mobile service includes, but is not limited to, paging service, wireless data
transmission, cellular telephone service, specialized mobile radio service (SMR),
and personal communications service (PCS).
29
Resolution No. PC-2010-
Page 9
"Disguised facility" means any wireless communications facility, which is
designed to blend into the surrounding land, typically one that is architecturally
integrated into a building or other concealing structure.
"Fixed wireless service" means any service providing radio communication
to or from antenna structures at fixed and specified locations which are not
designed to be moved during operation and which offers the ability to access or
receive communication from the public switched telephone network.
"Ground mounted" means a wireless communications facility that is
mounted to a pole, lattice tower or other freestanding structure that is primarily
constructed for the purpose of supporting an antenna.
"Lattice tower" means a tower-like structure used to support antennae and
comprised of up to two (2) or more steel support legs.
"Major facility" means a wireless communications or collocation facility that
is ground mounted, or is wall mounted, utility mounted, or roof mounted but does
not meet the definition of a minor facility.
"Microwave communication" means the transmission or reception of radio
communication at frequencies of a microwave signal (generally, in the 3GHz to
300GHz frequency spectrum).
"Minor facility" means a wireless communications or collocation facility that
is wall mounted, utility mounted, or roof mounted as follows:
1. If wall mounted, the facility is architecturally compatible with the
building structure and surrounding land uses;
2. If utility mounted, the facility is required to be compatible with
surrounding land uses, must be proposed for attachment to an existing above-
ground structure, and comply with all other provisions of Section 17.42.060(B),
17.42.060(C), and 17.42.060(D) of this code;
3. If roof mounted, the entire facility must be screened with solid
material on four (4) sides or integrated into the architecture of the building, must
be architecturally compatible with surrounding land uses, and must not exceed
the maximum building height of the applicable zone district in which the facility is
located; and
4. If wall mounted, utility mounted, or roof mounted, qualifies as a
disguised facility or a stealth facility.
"Mobile service" means any temporary service providing radio
communication to or from at least one (1) antenna that is designed to be moved
during operation or used during halts at unspecified locations; or as otherwise
defined in 47 USCS Section 153 and interpreted by the Code of Federal
Regulations and the Federal Register.
"Mounted" means any manner of antenna attachment, support, or
connection, whether on ground or on a structure.
"Multipoint distribution service" means a microwave communication
service that delivers video programming directly to subscribers, including
multichannel, multipoint distribution services, instructional television fixed
services, and local multipoint distribution services, or as otherwise defined by the
Section 207 of the Telecommunications Act of 1996, Section 1.4000 of Title 47 of
30
Resolution No. PC-2010-
Page 10
the Code of Federal Regulations and any interpretive decisions thereof issued by
the Federal Communications Commission.
"Radio communication" means the transmission and/or reception of
impulses, writing, signs, signals, pictures, and sounds of all kinds through space
by means of electromagnetic waves.
"Roof mounted" means a facility that is mounted on any structure that is
not specifically constructed for the purpose of supporting antennae, in any
manner that does not satisfy either the definition of wall mounted or utility
mounted, and is typically mounted on the roof of a building.
"Satellite antenna" means a device used to transmit and/or receive radio
or electromagnetic waves between terrestrially and orbitally-based uses. This
definition is meant to include, but not limited to, what are commonly referred to as
satellite earth stations, TVRO's (Satellite Television Receiving Antenna), and
satellite microwave antennas.
"Stealth facility" means any wireless communications facility which is
disguised to appear as another natural or artificial object that is prevalent in the
surrounding environment or which is architecturally integrated into a building or
other concealing structure.
"Utility mounted" means a facility that is mounted to an above-ground
structure that is primarily designed and installed to support electrical power lines,
cable television lines, street lighting, traffic signal equipment, park lighting or a
structure on public or private property deemed by the city to be similar in nature.
"Wall mounted" means a facility that is mounted on any vertical surface or
nearly vertical surface of a building or other existing structure that is not
specifically constructed for the purpose of supporting an antenna i.e., the exterior
walls of a building, an existing parapet, the side of a water tank, the face of a
church steeple, or the side of a freestanding sign such that the highest point of
the antenna structure is at an elevation equal to or lower than the highest point of
the surface on which it is mounted.
"Wireless communications facility" or "facility" means an antenna structure
and any appurtenant facility or accessory equipment located within city limits and
that is used in connection with the provision of wireless service.
"Wireless service" means any type of wireless service providing radio
communication that satisfies the definition of commercial mobile service, fixed
wireless service, or wireless video service.
"Wireless video service" means any service providing radio
communication, which delivers video programming.
17.42.030 Applicability.
The regulations in this chapter apply to all wireless communication facilities
except the following:
A. Any antenna structure that is one (1) meter (39.37 inches) or less in
diameter and is designed to receive direct broadcast satellite service, including
direct-to-home satellite service, as defined by Section 207 of the
Telecommunications Act of 1996, Title 47 of the Code of Federal Regulations,
31
Resolution No. PC-2010-_
Page 11
and any interpretive decisions thereof issued by the Federal Communications
Commission;
B. Any Antenna Structure that is two (2) meters (78.74 inches) or less in
diameter located in a commercial or industrial zone and is designed to transmit or
receive radio communication by satellite antenna; or
C. Any antenna structure that is one (1) meter (39.37 inches) or less in
diameter or diagonal measurement and is designed to receive multipoint
distribution service, provided that no part of the antenna structure extends more
than eight (8) feet above the principal building on the same lot.
D. Any antenna structure that complies with all other provisions of Title 17
of the Moorpark Municipal Code and is designed and used solely to receive UHF,
VHF, AM and FM broadcast signals from licensed radio and television stations.
E. Any antenna structure that complies with all other provisions of Title 17
of the Moorpark Municipal Code and is designed and used solely in connection
with authorized operations of an amateur radio station licensed by the FCC (i.e.,
a "HAM" radio transmission).
17.42.040 Application requirements for all wireless communications
facilities.
A. Each applicant applying for a wireless communications facility shall submit
the required completed application in accordance with the requirements set forth
in Chapter 17.44 of the Moorpark Municipal Code, and such additional or
different requirements as are made applicable by this chapter. At a minimum a
wireless communications facility application shall include the following:
1. A scaled site plan and facility elevations with the following information:
a. The proposed location of the wireless communications facility
includig access;
b. The elevations of the wireless communications facility with
dimensions identified;
c. The height of any existing or proposed structure(s);
d. The location of any accessory equipment;
e. The location of all guy-wires;
f. The location of all above and below ground wiring and connection
cables;
g. The location of existing or proposed easements on the property
affecting the facility;
h. The height of any panels, microwave dishes, or whip antennas,
above ground level;
i. The distance between the antenna structure and any existing or
proposed accessory equipment; and
j. Any other necessary information as may be required by the
community development director.
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Resolution No. PC-2010-
Page 12
2. A letter of justification accompanied by written documentation that
explains the applicant's efforts to locate the facility in accordance with the
screening and site selection guidelines set forth in Section 17.42.050.C.
3. A narrative and map that discloses the exact location and nature of any
and all existing facilities that are owned, operated or used by the applicant
within the city or within one (1) mile of its geographic borders, as well as
any proposed or planned sites within said boundary that may reasonably
be known to the applicant at the time the application is made.
4. A narrative and appropriate maps that disclose the geographic area(s)
within the city that will be serviced by the proposed facility, the geographic
area(s) bordering the city, if any, that will be serviced by the proposed
facility, and the nature of the service to be provided or purpose of the
facility.
5. A radio-frequency (RF) report prepared by a qualified RF engineer
acceptable to the city to demonstrate that the proposed facility, as well as
any colocated facilities, complies with current Federal RF emission
standards. This RF report shall also include signal strength exhibits,
including calculations and measurements under maximum loading
conditions.
6. Computerized visual assessments or other exhibits equivalent in a form
and manner acceptable to the community development director showing
the before and after visual appearances of the proposed facility.
7. A description of the required maintenance visits to the site and security
proposed to protect the site from vandalism and trespass.
8. A list of any other required licenses and approvals to provide wireless
services in the city.
17.42.050 Development requirements for all wireless communications
facilities.
A. General Development Requirements. The facility must comply with each of
the following requirements:
1. Any signs or advertising devices other than certification, public safety,
warning, or other required seals or required signage are prohibited.
2. Any and all accessory equipment, or other equipment associated with the
operation of a minor facility, including but not limited to transmission
cables, when not located within an existing above-ground building in a
manner that is not visible from the outside associated with a stealth
facility, must be located within conduit or in an underground vault in a
manner that complies with the development standards of the zoning
district in which such equipment is located. Any and all accessory
equipment, or other equipment associated with the operation of a major
facility, including but not limited to transmission cables, must be located
within conduit, an underground vault, or an above-ground building or
enclosure in a manner that complies with the development standards of
the zoning district in which such equipment is located. Equipment located
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Resolution No. PC-2010-
Page 13
above ground must be visually compatible with the surrounding buildings
and structures and either shrouded by sufficient landscaping to screen the
equipment from view, or designed to match the architecture of adjacent
buildings.
. 3. The wireless communications facility's exterior finish must be comprised of
non-reflective material(s) and painted, screened, or camouflaged to blend
with the materials and colors of surrounding buildings, structures,
topography and vegetation.
4. Wireless communications facilities and/or support equipment that are
accessible to pedestrians shall be covered with a clear anti-graffiti material
of a type approved by the planning commission. The planning commission
or community development director may grant an exception to this
requirement if the applicant demonstrates to the satisfaction of the
planning commission or community development director that there is
adequate security around the facility to prevent graffiti.
5. All screening used in connection with a wall mounted and/or roof mounted
wireless facility must be compatible with the architecture, color, texture,
and materials of the building or structure to which it is attached.
6. Wireless facilities may not be illuminated unless specifically required by
the Federal Aviation Administration or other governmental agencies.
7. The applicant, and the property owner if different from the applicant, may
not enter into any exclusive agreement which prohibits future collocation
of other facilities on or with the applicant's facility, unless technological
requirements preclude that collocation.
B. Setback Requirements. All facilities must comply with the main structure
setback requirements for the zone in which they are located as specified in
Chapter 17.24 of the Moorpark Municipal Code, with the exception of utility
mounted facilities, if all other requirements in Sections 17.42.070(B) and
17.42.070(C) can be met. In all instances, the determination of need for a
larger setback for the facility may be considered by the city in connection with
the processing of the applicable permit.
17.42.060 Additional regulations for minor facilities.
In addition to the requirements of Sections 17.42.060, the following requirements
shall apply to the following types of facilities:
A. Height. Notwithstanding any other provision in the Moorpark Municipal Code,
no minor facility may exceed the maximum building height for a main ,
structure in the applicable zoning district unless such facility has been
designed as a disguised or stealth facility, and the applicant demonstrates I
that exceeding the height limitation is necessary for operation of the facility, or
the facility is collocated, or contains adequate space suitable for future
collocation, and the height in excess of zoning requirements is necessary to
the proposed shared use.
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Resolution No. PC-2010-
Page 14
B. Utility Mounted Facilities-Vertical Extensions. A utility mounted facility may
exceed the maximum building height limit for the applicable zoning district, if
approved by the decision making authority as provided herein. The extent that
the utility mounted facility exceeds the height of the existing utility pole or
structure and the need for such height increase shall be taken into
consideration by the city in conjunction with the processing of the
discretionary permit application for the utility mounted facility.
C. Utility Mounted Facilities-Horizontal Extension. The extent that the utility
mounted facility protrudes or extends horizontally from the existing utility pole
or structure shall be taken into account by the city in conjunction with its
processing of a discretionary permit application for a utility mounted facility. A
utility mounted facility may not protrude or extend horizontally more than
thirty-six (36) inches from the existing utility pole or structure unless the
applicant demonstrates a technical need for such extension in order to
provide service or to comply with the regulations and requirements of the
utilit sole owner.
D. Additional Requirement for All Utility Mounted Facilities. Any accessory
equipment accompanying or that forms part of the utility mounted facility,
must be located within conduit or an under@ round vault.
17.42.070 Additional regulations for major facilities.
In addition to the requirements of Sections 17.42.060, the following requirements
shall apply to the following types of facilities:
A. Location Requirements.
1. A major facility shall not be located within two hundred (200) feet of any
property containing a residential use.
2. No portion or extension of a major facility shall protrude beyond property
lines or extend into any portion of property where such facility is not itself
permitted; provided, however, that the city may approve the location of
guy wires in a required setback if such approval is consistent with the
guidelines and requirements set forth in this chapter.
3. Latticed towers shall not be located in any zone except M-2 and I, and
shall not be located within two hundred (200) feet of any property
containing a residential structure.
4. A ground mounted facility shall not be located in a required parking area,
vehicle maneuvering area, vehicle/ pedestrian circulation area or area of
landscaping such that it interferes with, or in any way impairs, the utility or
intended function of such required area.
5. A ground mounted facility shall not be permitted unless the reviewing
authority makes the additional finding that, based upon evidence
submitted by the applicant, no existing building or support structure can
reasonably accommodate the proposed facility. Evidence supporting this
finding will be reviewed by the reviewing authority and may consist of any
of the followin•:
35
Resolution No. PC-2010-
Page 15
a. No existing buildings or support structures located in near proximity
of the proposed perimeter of service area will provide the service
coverage necessary for applicant to provide wireless services
_ within the proposed perimeter of service area.
b. Existing buildings or support structures are not of sufficient height
or structural strength to satisfy the applicant's operational or
en.ineerin. re.uirements.
c. The applicant's proposed facility would create electromagnetic
interference with another facility on an existing structure, or the
existing facility on a building or support structure would create
interference with the applicant's proposed facility.
d. The costs, fees, or contractual provisions required by a property
owner, or by an incumbent wireless service provider, in order to
collocate a new facility on an existing building or structure, or to
adapt an existing building or structure for the location of the new
facility, are unreasonable.
e. There are other limiting factors that render existing buildings and
structures unsuitable for use by the applicant.
f. A ground mounted facility shall be located in close proximity to
existing above ground utilities, such as electrical tower or utility
poles (not scheduled for removal or undergrounding in the next
eighteen (18) months), light poles, trees of comparable height,
water tanks and other areas where the facility will not detract from
the image or appearance of the city.
6. If the proposed major facility cannot be colocated, it must be sited at least
one thousand five hundred (1,500) feet from any existing major facility
unless the reviewing authority determines that a shorter distance is
required for technological reasons, or that it would result in less visual
obtrusiveness in the surrounding area. If technical data require the
placement of a major facility to be located within one thousand five
hundred (1,500) feet of an existing major facility, the new major facility
shall be located at least five hundred (500) feet from the existing major
facility.
B. Additional Design Requirements.
1. A ground mounted facility shall be secured from access by the general
public with a fence of a type or other form or screening approved by the
_ planning commission.
2. No part of a ground mounted facility shall be located in any required
setback.
3. A roof mounted facility that extends above the existing parapet of the
building on which it is mounted shall be screened by a material and in a
manner that is compatible with the existing design, color and architecture
of the building.
4. A roof mounted facility, requiring the placement of any guy wires,
supporting structures, or accessory equipment shall be located and
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Resolution No. PC-2010-
Page 16
designed so as to minimize the visual impact as viewed from surrounding
properties and public streets, including any pertinent public views from '
hi.her elevations.
C. Height Requirements. Notwithstanding any other provision in the Moorpark ;
Municipal Code, no major facility shall exceed the maximum building height
for the applicable zoning district in which the facility is proposed to be located,
nor shall a roof mounted facility exceed the height of the structure on which it
is mounted by more than the minimum amount necessary for operation and
safety, not to exceed ten (10) feet. Any application for a permit exceeding
these height limits shall not be approved unless the planning commission
determines that the major facility has been designed as a disguised or stealth
facility and:__
1. The applicant demonstrates that exceeding the height limitation is
reasonabl necessa for operation of the facilit ; or
2. The facility is colocated, or contains adequate space suitable for future
collocation, and the excess in height is reasonably necessary to the
proposed shared use. _
17.42.080 Required findings for all wireless facilities.
A. Wireless Communications Facilities Findings. In addition to any required
findings for conditional use permits and administrative permits contained in
Chapter 17.44 of the Moorpark Municipal Code, the following findings are
required for wireless communications facilities:
1. That the proposed facility will not create any significant blockage to public
views; and
2. That the proposed facility would enhance communication capabilities in
the city ; and
3. That the proposed facility will be aesthetically integrated into its
surrounding land uses and natural environment; and
4. That 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; and
5. That the proposed facility will operate in compliance with all other
applicable federal regulations for such facilities, including safety
regulations; and
6. That the public need for the use of the facility has been documented
consistent with California law; and
7. That 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 twenty-four (24) month period.
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Resolution No. PC-2010-
Page 17
B. If the community development director, planning commission, and / or city
council does not approve an application for such administrative permit or
conditional use permit, the decision making body shall make a written
determination supported by findings as required by 47 U.S.C. §
332(c)(7)(B)0 ii)._
17.42.090 Facility removal.
A. Discontinued Use. The operator of a lawfully erected facility, and
the owner of the premises upon which it is located, shall promptly notify the
community development director in writing in the event that use of the facility is
discontinued for any reason. In the event that discontinued use is permanent,
then the owner(s) and/or operator(s) shall promptly remove the facility, repair any
damage to the premises caused by such removal, and restore the premises as
appropriate so as to be in conformance with applicable municipal codes. All such
removal, repair and restoration shall be completed within one-hundred eighty
(180) days after the use is discontinued, and shall be performed in accordance
with all applicable health and safety requirements. For purposes of this
paragraph, a discontinued use shall be permanent unless the facility is likely to
be operative and used within the immediately following six (6) month period.
B. Abandonment. A facility that is inoperative or unused for a period of
six (6) continuous months shall be deemed abandoned. An abandoned facility
shall be a public nuisance, subject to abatement pursuant to the provisions of
Chapter 1.12.
C. Utility Mounted Facility Removal or Relocation. All utility mounted
facilities shall be removed or relocated at the facility owner's expense when a
city-approved project requires relocation or undergrounding of the utility structure
on which the facility is mounted. Any CUP or administrative permit for a utility
mounted facility shall be conditioned to require such removal or relocation at the
facility owner's expense, to require reimbursement of the city's costs and
expenses to remove or relocate the facility if the facility owner refuses to remove
or relocate the facility when required, and to waive any claims of damage or loss
(including, but not limited to, consequential damages) resulting from the city's
removal or relocation of the facility.
17.42.100 Temporary use during declared emergency.
A. Temporary Use. The Community Development Director or City
Emergency Operations Center Director shall have the authority to approve a
temporary use permit for wireless communications facilities needed during a
declared emergency. The temporary use permit shall contain the conditions for
removal of the temporary facilities as soon as possible after the conclusion of the
declared emergency.
38
ITEM: 9.A.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: David A. Bobardt, Community Development Directo2
DATE: October 20, 2010 (PC Meeting of 10/26/2010) //////
SUBJECT: Consider Canceling Regular Planning Commission Meetings in
November and December 2010, and Scheduling a Special Planning
Commission Meeting on November 30, 2010
BACKGROUND AND DISCUSSION
On January 26, 2010, the Planning Commission set its 2010 regular meeting schedule,
with meetings occurring on the fourth Tuesday of each month at 7:00 p.m. in the Moorpark
City Hall Community Center. The November regular meeting is scheduled to occur during
the week of the Thanksgiving holiday and the December regular meeting is scheduled to
occur the week between the Christmas and New Year holidays. To avoid public hearings
during these holiday weeks, staff is requesting that the Planning Commission cancel its
regular Planning Commission meetings on November 23, 2010 and December 28, 2010,
and schedule a special Planning Commission meeting on November 30, 2010 at 7:00 PM
in the City Hall Community Center.
STAFF RECOMMENDATION
Direct staff to post notices of meeting cancellation for the November 23, 2010 and
December 28, 2010 regular Planning Commission meetings and schedule a special
Planning Commission meeting for November 30, 2010.
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39
ITEM: 1O.A.
MINUTES OF THE PLANNING COMMISSION
Moorpark, California September 28, 2010
A Regular Meeting of the Planning Commission of the City of Moorpark was held on
September 28, 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 7:00 p.m.
2. PLEDGE OF ALLEGIANCE:
Joseph Fiss, Principal Planner, led the Pledge of Allegiance.
3. ROLL CALL:
Present: Commissioner Di Cecco, Commissioner Taillon, Vice Chair
Landis, and Chair Hamous.
Staff Present: David Bobardt, Community Development Director; Joseph
Fiss, Principal Planner; and Joyce Figueroa, Administrative
Assistant.
4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS:
Maureen Benson, Assistant City Clerk, administered the Oath of Office to
incoming Commissioner Daniel Groff. Commissioner Groff joined the other
Commissioners at the dais.
Mr. Bobardt congratulated Joyce Figueroa, Administrative Assistant, on twenty
years of service with the City of Moorpark.
5. PUBLIC COMMENT:
None.
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
It was the consensus of the Commission to remove Item B.A. from the agenda.
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
40
Minutes of the Planning Commission
Moorpark, California Page September28, 2010
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. CUP 2010-03 Wireless Facility
vi. Massage Establishment Regulations
Mr. Bobardt briefly discussed announcements and future agenda items.
Commissioner Di Cecco stated a few weeks ago he attended the "Housing
Opportunities Made Easier" conference in Ventura regarding the future of
housing in Ventura County.
Chair Hamous stated on September 27th he rode along with Moorpark Police
Department and spoke to kids in the community about the benefits of wearing
bicycle helmets and gave them coupons that were provided by local merchants
to redeem for merchandise.
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 D1B, 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.
Item 8A was removed from the agenda.
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-2010-556 Approving Conditional Use Permit 2010-06.
Mr. Fiss gave the staff report.
Questions from Commissioners followed regarding if any consideration as
to a condition that would limit the quantity of the amount of beer served,
number of tastings allowed, and number of ounces served in a day. The
Commission also asked if there will be a restaurant at the site, and if the
applicant can do food pairing.
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Minutes of the Planning Commission
Moorpark, California Page 3 September 28, 2010
Chair Hamous opened the public hearing.
Christopher R. Enegren, applicant, discussed the project and stated he
was available to answer any questions.
A discussion followed among Commissioners and the applicant regarding
the number of beers on tap available to sample, how the business going to
self-regulate, how many growlers will each barrel make, exportation and
shipping of beer, how do people enter the facility, whether the applicant
has spoken to the dance studio that is located in the same complex and if
there is a limit on tasting in terms of ounces. In response to the
Commission, Mr. Enegren discussed the hours and days of operation; the
brewing process, and that the main purpose of the business is to export
beer to bars and restaurants in the area.
George Recupito, Pam Rossi Dance Ten, spoke in opposition of the
project and his concerns about the smell as a result of the brewing and
problems with people drinking and children that walk across the street to
the dance studio.
In response to Chair Hamous, Mr. Bobardt stated there were no other
Speaker Cards or Written Statement Cards.
At the request of the Commission, Mr. Enegren returned to the podium
and responded to Mr. Recupito's comment about the smell and stated that
brewing occurs twice a month, during the time there is any kind of steam
venting; is about an hour. He also stated that the rear door is closed
during operations and is only open for deliveries, and for moving inventory
in and out, and that patrons will enter and exit the front main door. Mr.
Enegren also replied to the concerns about patrons just stopping to drink
and then leaving and how this will be policed. In response to the
Commission, Mr. Bobardt stated that Standard Condition No. 49 requires
training for anyone involved in service of alcohol beverages.
Chair Hamous closed the public hearing.
A discussion followed among Commissions that due to the distance and
location of the site and Pam Rossi Dance Ten, and because the rear door
is closed during operations, this is a compatible operation for the site.
There was also discussion regarding restricting the number of ounces or
number of tastings, that there are only two beer samples or maximum
three is self-limiting as compared to a wine-tasting business, and that the
potential is there that this is going to be self-limiting.
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Minutes of the Planning Commission
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At this point in the meeting, Chair Hamous reopened the public hearing to
allow Captain Ron. Nelson, Moorpark Police Department to answer
questions from the Commission regarding what approximate blood alcohol
would someone have if they drank eight ounces of beer and were
immediately pulled over. Captain Nelson also commented that ABC does
generally do spot checks of their applicants and conducts site visits on
occasion.
In response to the Commission, Mr. Enegren returned to the podium and
responded to questions regarding the amount of alcohol content levels in
craft-brew and Belgian beers. A discussion also followed about limiting
tastings.
Chair Hamous closed the public hearing.
A discussion followed among Commissioners regarding adding a special
condition to allow no more than four tastings to be served to any individual
within any two hour period.
MOTION: Vice Chair Landis moved and Commissioner Di Cecco seconded a
motion to approve staff recommendation, with changes as proposed by the
Commission, including adoption of Resolution No. PC 2010-556. The motion
carried by unanimous voice vote.
The Planning Commission has final approval authority for this project.
9. DISCUSSION ITEMS:
None
10. CONSENT CALENDAR
Approved the Consent Calendar. (Voice Vote: Unanimous)
A. Consider Approval of the Regular Meeting Minutes of May 25, 2010. Staff
Recommendation: Approve the minutes.
Approved Staff Recommendation
B. Consider Approval of the Special Meeting Minutes of June 15, 2010. Staff
Recommendation: Approve the minutes.
Approved Staff Recommendation
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Minutes of the Planning Commission
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C. Consider Approval of the Regular Meeting Minutes of August 24, 2010.
Staff Recommendation: Approve the minutes.
Approved Staff Recommendation
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
8:12 p.m.
Bruce A. Hamous, Chair
David A. Bobardt, Community Development Director
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