HomeMy WebLinkAboutMIN 2010 1130 PC SPC MINUTES OF THE PLANNING COMMISSION
Moorpark, California November 30, 2010
A Special Meeting of the Planning Commission of the City of Moorpark was held on
November 30, 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 Fiss, 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
Fiss, Principal Planner; Joseph Vacca, Principal Planner;
and Joyce Figueroa, Administrative Assistant.
4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS:
Mr. Bobardt thanked the Planning Commission for their service, as this was their
last meeting for this year.
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 2010-04 Lighthouse Church
Minutes of the Planning Commission
Moorpark, California Page 2 November 30, 2010
iii. Housing Element Update
iv. Rescinding Toll Mazur DA, GPA, ZC
v. ZOA 2010-03 Emergency Shelters etc.
Mr. Bobardt briefly discussed announcements and future agenda items.
8. PUBLIC HEARINGS: (next Resolution No. PC-2010-559)
A. Consider Conditional Use Permit No. 2010-08, a Conditional Use Permit
to Allow a Tattoo, Cosmetic Tattoo, and Body Piercing Establishment
within a 960 Square-Foot Vacant Tenant Space, Located at 530 Los
Angeles Avenue, Suite #212, in the Moorpark Plaza shopping center, on
the Application of Richard Sutherland. Staff Recommendation: 1) Open
the public hearing, accept public testimony and close the public hearing;
2) Adopt Resolution No. PC-2010-559 approving Conditional Use Permit
No. 2010-08 subject to conditions of approval. (Staff: Freddy Carrillo)
Mr. Vacca gave the staff report.
Questions from Commissioners followed regarding conditions of health
and safety codes, handling of sharps and bio-hazard, Condition No. 12
regarding registered sex offenders are prohibited from performing a tattoo
on an area considered a private part, Condition No. 10 notarized
authorization or presence of parent or guardian for body piercing,
Condition No. 6 regarding loitering, and Condition No. 7 regarding
signage.
Chair Hamous opened the public hearing.
Richard Sutherland, applicant, discussed the project and stated he is
available to answer any questions.
A discussion followed among Commissioners and Mr. Sutherland
regarding business being by appointment only, loitering issue, disposal
method of sharps and bio-hazard material and does the business have an
economic impact on other businesses.
Maren S. Poleno, Esthetician, Clear Vision Tattoo, discussed the project
and stated that we need to start bringing this revenue to the city of
Moorpark and looks forward to being a business owner, and taking pride
in reflecting her work as an artist.
A discussion followed among Commissioners and Ms. Poleno regarding if
there is a particular time/hour where there are more or less clients, and
discussion regarding schooling for an Esthetician.
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Moorpark, California Page 3 November 30, 2010
Peggy Burghard, Simi Valley resident, spoke in favor of the project and
stated that having Mr. Sutherland as a business owner in Moorpark will
increase the economy in Moorpark and will draw in quality people to
spend money in Moorpark.
Jesse Finkbeiner, resident, spoke in favor of the project and stated this is
a wonderful asset for the city of Moorpark.
Michael Greywitt, resident, spoke in opposition of the project and concerns
about the background of the applicant. Mr. Greywitt submitted a
photocopy of Ms. Poleno's Permanent Makeup Artist Certificate.
In response to Mr. Greywitt, Mr. Bobardt stated there has been a lot of
testimony on the background of the applicant and it is irrelevant for the
Planning Commission to consider, because this is a land use application.
The Planning Commission is to consider whether or not the proposed use
as conditioned meets the required findings for a Conditional Use Permit. It
has nothing to do with the background of the applicant.
Lauren Foreman, Ventura County Council of Middle School and High
School Teachers, spoke in favor of the project and stated this is a positive
establishment, a wonderful avenue and part of the arts.
Gabriella Hogan, resident, spoke in favor of the project and stated this is a
great situation and it should not be judged negatively for the industry that
they are in.
Mr. Bobardt summarized eight written comment cards in favor of the
project; great asset to the community, revenue source supportive of small
business, service to those who want a tattoo in safe sterile environment,
good business support as a tattoo artist, would be operated by drug
counselors, reliable people, source of employment and positive addition to
the city.
Mr. Sutherland returned to the podium and stated he wants to open a
business, believes in Moorpark, and believes it will be successful, and will
be able to provide safe responsible tattoo work and will comply with all
laws and requirements by the County Environmental Agency.
Chair Hamous closed the Public Hearing.
A discussion followed among the Commissioners who all agreed that as a
land use they do not see any reason to deny this particular use.
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Moorpark, California Page 4 November 30, 2010
MOTION: Commissioner Di Cecco moved and Commissioner Taillon seconded a
motion to approve staff recommendation, including adoption of Resolution No. PC 2010-
559. (Voice Vote: Unanimous)
The Planning Commission has final approval authority for this project.
B. Consider Resolution Recommending to the City Council Approval of an
Ordinance Replacing Chapter 5.48 Massage Establishments and
Therapists, of Title 5 Business Taxes, Licenses and Regulations in its
Entirety; and Amending Section 17.08.010 Application of Definitions of
Chapter 17.08 Definitions, and Section 17.20.060 Permitted Uses in
Commercial and Industrial Zones of Chapter 17.20 Uses by Zone, of Title
17 Zoning, of the Moorpark Municipal Code. Staff Recommendation: 1)
Open the public hearing, accept public testimony and close the public
hearing; 2) Adopt Resolution No. PC-2010-560 recommending to the City
Council approval of an Ordinance replacing Chapter 5.48 Massage
Establishments and Therapists, of Title 5 Business Taxes, Licenses and
Regulations in its entirety; and amending Section 17.08.010 Application of
definitions of Chapter 17.08 Definitions, and Section 17.20.060 Permitted
uses in commercial and industrial zones of Chapter 17.20 Uses by Zone,
of Title 17 Zoning, of the Moorpark Municipal Code. (Staff: Joseph Fiss)
Mr. Fiss gave the staff report.
A discussion followed among the Commissioners and staff regarding if the
language is consistent with other cities in Ventura County, this particular
document that is being amended will cover new establishments from this
day forward, are we grandfathering anything behind us or will this apply to
existing establishments, has a fee ordinance been established for
licensing, penalties for prohibited conduct, and has there been an issue
with massage establishments countywide.
Chair Hamous opened the public hearing.
In response to Chair Hamous, Mr. Bobardt stated there were no Speaker
Cards or Written Statement Cards.
Chair Hamous closed the public hearing.
A discussion followed among the Commission, who commended Mr. Fiss
for being so thorough, and appreciates staff using as a guide other
communities.
Minutes of the Planning Commission
Moorpark, California Page 5 November 30, 2010
MOTION: Vice Chair Landis moved and Commissioner Di Cecco seconded a motion to
approve staff recommendation, including adoption of Resolution No. PC 2010-560.
(Voice Vote: Unanimous)
The City Council has final approval authority for this project.
9. DISCUSSION ITEMS:
The Commission thanked staff for their professionalism and for making their job a
lot easier; doing all the leg work and getting the information they need which
makes their decisions a whole lot easier.
10. CONSENT CALENDAR:
None.
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
8:33 p.m.
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