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HomeMy WebLinkAboutMIN 2010 1026 PC REG MINUTES OF THE PLANNING COMMISSION Moorpark, California October 26, 2010 A Regular Meeting of the Planning Commission of the City of Moorpark was held on October 26, 2010, in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Chair Hamous called the meeting to order at 7:06 p.m. 2. PLEDGE OF ALLEGIANCE: Joseph Vacca, Principal Planner, led the Pledge of Allegiance. 3. ROLL CALL: Present: Commissioner Di Cecco, Commissioner Groff, Commissioner Taillon, Vice Chair Landis, and Chair Hamous. Staff Present: David Bobardt, Community Development Director; Joseph Vacca, Principal Planner; and Joyce Figueroa, Administrative Assistant. 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: None. 5. PUBLIC COMMENT: None. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS AND REPORTS ON MEETINGS/CONFERENCES ATTENDED BY THE COMMISSION: (Future agenda items are tentative and are subject to rescheduling.) A. Future Agenda Items i. CUP 2003-05 National Ready Mixed (Continued from August 25, 2009 to a date uncertain) ii. CUP 2010-03 Wireless Facility iii. CUP 2010-04 Lighthouse Church Minutes of the Planning Commission Moorpark, California Page 2 October 26, 2010 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. Mr. Bobardt briefly discussed announcements and future agenda items. Chair Hamous announced that Moorpark Rotary Club will present the annual Civil War Battles Reenactment on November 13 — 14, at Tierra Rejada Ranch. 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-2010-557 conditional approving Conditional Use Permit No. 2010- 07. (Staff: Freddy Carrillo) Mr. Vacca gave the staff report. Questions from Commissioners followed regarding if the applicant has had any problems at his Simi Valley market, Census Tract 76.02 areas, how often does ABC revisit the establishment, and if moving forward on this project is there a potential that would limit someone else from applying for a license in the future within the census tract. The Commission also discussed the floor plan; comment regarding conditions of approval and comments from the police department specific about which doors in the storage area are available for beer and wine, the drawing needs to be updated to reflect this condition, did the police department specify a location for the non-refrigerated beer display, will bulk storage be in the same retail area space, and discussion regarding Type 20 and Type 21 licenses. Chair Hamous opened the public hearing. Hakam A. Barakat, Owner, Moorpark General Store, discussed the project and stated he was available to answer any questions. Patrick Ellis, President, Moorpark Chamber of Commerce, spoke in favor of the project and stated that the payment center at Moorpark Central Market is a big asset to the community, functioning as a payment center, and the business is catering to the community's needs. Minutes of the Planning Commission Moorpark, California Page 3 October 26, 2010 Margarita Betancourt, resident, spoke in opposition of the project and expressed her concerns about the lighting, there are already numerous establishments selling alcohol, the business being near a school, and asked about City of Santa Barbara demographics and neighborhoods liquor stores are located in. Rick Willson, resident, spoke in favor of the project and commented positively on the integrity of the people that operate the business. Teresa A. Cortes, resident, spoke in opposition of the project and stated her concerns, indicating that there are currently 18 establishments in Moorpark within less than two miles that are currently selling alcohol, and provided staff with a 58-page petition she sent to the state protesting the ABC license. Munther Dorgalli, Part Owner, Moorpark Central Market I & II, spoke in opposition of the project. A discussion followed among Commissioners and Mr. Dorgalli regarding if his two stores currently sell beer and wine, how much of an area is dedicated for liquor, beer and wine sales, and the type of merchandise his store sells. Abdul Barakat, resident, spoke in favor of the project and stated he was available to answer any questions. Miriah Ramos, resident, spoke in opposition of the project and her concerns for the children that reside in this residential area, teen-agers accessing the alley-ways for making beer-runs. Abel Aguilera, Manager, Moorpark General Store spoke in favor of the project and stated that he has worked at Barakat's Market on High Street approximately 20 years. He currently works for Mr. Hakam Barakat and has knowledge how to run the business, when to sell beer, knows how to walk customers out of the store that have been drinking, and knows how to take care of customers and has never had any problems with Moorpark Police Department. A discussion followed among Commissioners and Mr. Aguilera regarding if he has had the ABC class on alcohol beverage sales, and if he has had any problems with teen-agers. In response to Chair Hamous, Mr. Bobardt stated there were no other Speaker Cards or Written Statement Cards Minutes of the Planning Commission Moorpark, California Page 4 October 26, 2010 At the request of Chair Hamous, Mr. Hakam Barakat returned to the lectern and responded to comments about the lighting, consumption of alcohol on the property and in the alley way. Mr. Barakat will address the lighting as the City allows him to add more lighting, he does not allow patrons to consume alcohol on his property, the market has cameras located in the store modernized according to the Police Department requirement and is going to install outside cameras. Mr. Barakat also addressed the typical client purchase which is primarily from the nearby residents. A discussion followed among Commissioners and the applicant regarding how much alcohol is going to be purchased by the existing customer base and how much of it is going to be pulling customers from somewhere else. Mr. Barakat replied that because he will be offering beer and wine, he is anticipating a 30% - 40% increase in overall sales from the store, which will come from existing customers. In response to the Commissioners, Mr. Barakat stated that there will be no exterior advertising or signage in the store promoting beer or wine and that the look of the store will not change. Mr. Barakat also discussed changing the application to modify the display area to 4 end-caps (12 square feet each) which would total 48 square feet, instead of a 4 x 3 area as originally proposed. If this occurs with 48 square feet of non-refrigerated beer for sale, and the six cooler doors, it would still be less than 2% of floor area devoted to retail sales. A discussion followed among the Commissioners regarding the Protest of the Alcoholic Beverage License applications, copies of which Ms. Cortes provided to the Planning Commission. Ms. Cortes submitted fifty-eight protest forms to Department of Alcoholic Beverage Control. In response to Chair Hamous, Mr. Bobardt stated that the Department of Alcoholic Beverage Control will have to consider a license for the establishment to allow them to sell beer and wine. Chair Hamous closed the public hearing. A discussion followed among the Commissioners and staff regarding the permitting process, whether or not ABC considers the distance of the schools from the establishment, Condition No. 10; the City's right to modify, suspend or revoke the Conditional Use Permit if the applicant violates any conditions, and the difference between liquor stores and markets that sell alcoholic beverages. Minutes of the Planning Commission Moorpark, California Page 5 October 26, 2010 The Commission agreed that there is merit to having all conveniences in one location, that this is a reasonable request based on the census tract area; for residents in the location of walking distance of the establishment, this satisfies a public convenience, and do not see a bigger demand of beer and wine sales in this particular area. The Commission discussed amending the following Conditions: Add to Condition No. 14; that the condition reads "no more than 48 square feet of non-refrigerated beer and wine"; Amend Condition No. 15; regulating interior advertising, stating that it may be regulated by the Director of Community Development and limiting the area of interior advertising to be located only within the areas approved for beer and wine sales; Adjust Condition No. 17; requiring the addition of a security camera to monitor the parking lot area. Add Condition No. 19; requiring submittal of a lighting plan to ensure adequate lighting levels. MOTION: Commissioner Taillion moved and Commissioner Groff seconded a motion to approve staff recommendation, with changes as proposed by the Commission, including adoption of Resolution No. PC 2010-557. (Voice Vote: 4:1, Commissioner Di Cecco dissenting.) The Planning Commission has final approval authority for this project unless appealed. 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-2010-558 recommending that the City Council approve Zoning Ordinance Amendment 2007-01. (Staff: Joseph Vacca) Mr. Vacca gave the staff report. A discussion followed among the Commissioners and staff regarding the location of support equipment for a minor facility which typically has to be in an underground vault, and if a minor facility can also be located on the Minutes of the Planning Commission Moorpark, California Page 6 October 26, 2010 roof of a building. It was recommended that staff review the ordinance to determine if it needs to be adjusted to read that the support equipment for a facility has to be within the building or in a vault and if mounted on a building then the support equipment also be completely enclosed in the building. Chair Hamous opened the public hearing. Ken Simons, resident, commented on the project, stating that collocation is the wave of the future in most technologies and that we do not want to hinder the possibility of collocations.. A discussion followed among the Commission and staff regarding residential height requirements. Chair Hamous closed the public hearing. A discussion followed among the Commission that adjustments made encourage collocations and that this is a smart move. The Commission commended Mr. Vacca for his work on this project. MOTION: Vice Chair Landis moved and Commissioner Di Cecco seconded a motion to approve staff recommendation, including adoption of Resolution No. PC 2010-558. (Voice Vote: Unanimous) The City Council has final approval authority for this project. 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) Mr. Bobardt gave the staff report. Approved staff recommendation by consensus. By consensus, the Commission approved staff's recommendation. Minutes of the Planning Commission Moorpark, California Page 7 October 26, 2010 10. CONSENT CALENDAR: Approved the Consent Calendar. (Voice Vote: Unanimous) A. Consider Approval of the Regular Meeting Minutes of September 28, 2010. Staff Recommendation: Approve the minutes. Approved Staff Recommendation 11. ADJOURNMENT: MOTION: Vice Chair Landis moved and Commissioner Taillon seconded a motion to adjourn. The motion carried by unanimous voice vote. The time was 9:03 p.m. 411v. ii Kipp L.: dis, C it R./71j/ �� II l y David A. Bobardt, Community Development Dire tor