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Resolution No. PC 2011-561
PLANNING COMMISSION
REGULAR MEETING AGENDA
January 25, 2011
7:00 P.M.
Moorpark Community Center 799 Moorpark Avenue
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. OATH OF OFFICE:
A. City Clerk Administers Oath of Office to the Planning Commission (Staff: Maureen
Benson)
4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS:
A. Consider Selection of Chair and Vice Chair
Mark Di Cecco
Diana S. Gould
Daniel Groff
Bruce A. Hamous
Kipp Landis
Staff Recommendation: 1) Open the floor to nominations for a Chair; 2) Once
sufficient nominations have been made, close the nominations and vote; 3) Open
the floor for nominations for a Vice Chair; and 4) Once sufficient nominations have
been made, close the nominations and vote. (Staff: David Bobardt)
There will be brief recess to allow the Chair and Vice-Chair to be seated.
All writings and documents provided to the majority of the Commission regarding all agenda items are available for
public inspection at the City Hall public counter located at 799 Moorpark Avenue during regular business hours. The
agenda packet for all regular Commission meetings is also available on the City's website at www.ci.moorpark.ca.us.
Any member of the public may address the Commission during the Public Comments portion of the Agenda, unless it
is a Public Hearing or a Discussion item. Speakers who wish to address the Commission concerning a Public Hearing
or Discussion item must do so during the Public Hearing or Discussion portion of the Agenda for that item. Speaker
cards must be received by the Secretary for Public Comment prior to the beginning of the Public Comments portion of
the meeting; for a Discussion item, prior to the Chair's call for speaker cards for each Discussion agenda item; and for
a Public Hearing item, prior to the opening of each Public Hearing, or beginning of public testimony for a continued
hearing. A limitation of three minutes shall be imposed upon each Public Comment and Discussion item speaker. A
limitation of three to five minutes shall be imposed upon each Public Hearing item speaker. Written Statement Cards
may be submitted in lieu of speaking orally for open Public Hearings and Discussion items. Any questions concerning
any agenda item may be directed to the Community Development/Planning office at 517-6233.
Regular Planning Commission Meeting Agenda
January 25, 2011
Page 2
5. PUBLIC COMMENT:
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS AND REPORTS ON
MEETINGS/CONFERENCES ATTENDED BY THE COMMISSION:
A. Planners Institute: March 9-11, Pasadena, CA
B. Future Agenda Items
i. CUP 2003-05 National Ready Mixed (Continued from August 26, 2009 to a
date uncertain)
ii. CUP 2010-03 Wireless Facility
iii. IPD 2009-01 — Moorpark West Studios
iv. Housing Element Update
v. ZOA 2010-03 Emergency Shelters etc.
8. PUBLIC HEARINGS: (next Resolution No. PC-2010-561)
A. Conditional Use Permit No. 2010-04, a Request to Allow the Continued Operation
of a Two-Story 5,022 Square-Foot Sanctuary and Office for Lighthouse Church, at
4823 Mira Sol Drive, and Construction of a Two-Story 5,417 Square-Foot
Preschool on the Adjacent Lot, at 4825 Mira Sol Drive, on the Application of Randy
Sugarman. Staff Recommendation: 1) Open the public hearing, accept public
testimony and close the public hearing; 2) Adopt Resolution No. PC-2011-_
approving Conditional Use Permit No. 2010-04. (Staff: Freddy Carrillo)
9. DISCUSSION ITEMS:
A. Consider Regular Meeting Schedule, Time and Place Staff Recommendation: 1)
Approve the 2009 regular meeting schedule of the fourth (4th) Tuesday of each
month starting at 7:00 p.m. at the Moorpark City Hall Community Center, 799
Moorpark Avenue, Moorpark, CA 93021. (Staff: David Bobardt)
10. CONSENT CALENDAR:
A. Consider Approval of the Regular Meeting Minutes of October 26, 2010. Staff
Recommendation: Approve the minutes.
Regular Planning Commission Meeting Agenda
January 25, 2011
Page 3
B. Consider Approval of the Special Meeting Minutes of November 30, 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) 517-6233. Upon
request,the agenda can be made available in appropriate alternative formats to persons with a disability. Any request
for disability-related modification or accommodation should be made at least 48 hours prior to the scheduled meeting
to assist the City staff in assuring reasonable arrangements can be made to provide accessibility to the meeting (28
CFR 35.102-35.104;ADA Title II).
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss
CITY OF MOORPARK )
AFFIDAVIT OF POSTING
AGENDA
I, Joyce R. Figueroa, declare as follows:
That I am the Administrative Assistant of the City of Moorpark and that an agenda of the
Regular Meeting of the Moorpark Planning Commission to be held on Tuesday, January
25, 2011, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center,
799 Moorpark Avenue, Moorpark, California, was posted on January 20, 2011, 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 January 20, 2011. 9Jo c R. Figueroa, Administrative Assistant
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NOTICE OF CONTINUANCE OF OPEN PUBLIC HEARING
Duly noticed public hearing regarding:
Conditional Use Permit No. 2010-04, a Request to Allow the Continued
Operation of a Two-Story 5,022 Square-Foot Sanctuary and Office for
Lighthouse Church, at 4823 Mira Sol Drive, and Construction of a Two-
Story 5,417 Square-Foot Preschool on the Adjacent Lot, at 4825 Mira Sol
Drive, on the Application of Randy Sugarman.
was held at a regular meeting on January 25, 2011, at which time the Planning
Commission continued the open public hearing to a Regular Planning Commission
meeting to be held at 7:00 p.m. on March 22, 2011, in the Community Center located at
799 Moorpark Avenue, Moorpark, California.
Dated: January 26, 2011.
9 �ci if. r�wnna
J yc R. Figueroa, Administrative Assistant
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss
CITY OF MOORPARK
AFFIDAVIT OF POSTING
I, Joyce R. Figueroa, declare as follows:
That I am the Secretary to the Planning Commission of the City of Moorpark and that a
Notice of Continuance of Open Public Hearing regarding:
Conditional Use Permit No. 2010-04, a Request to Allow the Continued
Operation of a Two-Story 5,022 Square-Foot Sanctuary and Office for
Lighthouse Church, at 4823 Mira Sol Drive, and Construction of a Two-
Story 5,417 Square-Foot Preschool on the Adiacent Lot, at 4825 Mira Sol
Drive, on the Application of Randy Sugarman.
continued from January 25, 2011, to March 22, 2011, was posted on January 26, 2011,
at a conspicuous location near the place of the meeting:
Moorpark Community Center
799 Moorpark Avenue
Moorpark, California
I declare under penalty of perjury that the foregoing is true and correct.
Executed on January 26, 2011.
�A minis0
J yc R. Figueroa, Administrative Assistant
ITEM: 4.A.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: David A. Bobardt, Community Development Director
DATE: January 11, 2011 (PC Meeting of 1/25/2011)
SUBJECT: Consider Selection of Chair and Vice Chair
BACKGROUND/DISCUSSION
Municipal Code Section 2.36.080 and Section 3.1 of Resolution PC 2008-529 (Rules of
Procedure for Commission Meetings and Related Functions and Activities) require the
Planning Commission to select a Chair and Vice Chair from among the appointed
members at the first regular meeting of each year. Each such selection shall be by three
(3) or more affirmative votes. Additionally, each person so selected shall serve until the
end of a one-year term or until a successor is chosen (at any time) by three (3) or more
affirmative votes.
STAFF RECOMMENDATION
1. Open the floor to nominations for a Chair;
2. Once sufficient nominations have been made, close the nominations and vote;
3. Open the floor for nominations for a Vice Chair; and
4. Once sufficient nominations have been made, close the nominations and vote.
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ITEM: 8A
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: December 30, 2010 (PC Meeting of 01/25/2011)
SUBJECT: Consider Conditional Use Permit No. 2010-04, a Request to Allow the
Continued Operation of a Two-Story 5,022 Square-Foot Sanctuary and
Office for Lighthouse Church, at 4823 Mira Sol Drive, and Construction
of a Two-Story 5,417 Square-Foot Preschool on the Adjacent Lot, at
4825 Mira Sol Drive, on the Application of Randy Sugarman
BACKGROUND
On June 25, 2010, Randy Sugarman, for Lighthouse Church, filed an application for
Conditional Use Permit No. 2010-04, to allow the continuance of a permitted place of
religious worship consisting of a two-story 5,022 square-foot building containing a
sanctuary, offices, and classrooms for Lighthouse Church on a developed 42,455 square-
foot lot, located at 4823 Mira Sol Drive. The application includes a request for construction
of a two-story 5,417 square-foot preschool for up to 60 students with 13 faculty, and
storage space on a 28,190 square-foot lot, located at 4825 Mira Sol Drive, on the adjacent
property to the north of the existing Lighthouse Church.
DISCUSSION
Project Setting
Existing Site Conditions:
The existing two-story church is located south of Los Angeles Avenue on Mira Sol Drive at
the south western terminus of the private access drive, on an existing 42,455 square-foot
lot, that is flat and fully developed as a place of religious worship. The sanctuary is
approximately 1,202 square-feet located on the ground floor. Currently,there are a variety
of worship services offered in the sanctuary. On Sundays, the sanctuary is used to host
four worship services: two for Grace Harvest, and two for United Pentecostal, (with one
English service and one Spanish service). Each Sunday worship service may have up to
110 attendees. Mondays through Fridays, the sanctuary is used for general prayer
services, women's prayer groups, Moorpark Minister Prayer group, staff meetings, United
Pentecostal Midweek Service, and Grace Harvest Midweek Service. Services are not
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January 25, 2011
Page 2
offered on Saturdays at this time. In addition to the sanctuary, the existing ground floor
also has an entrance foyer, classrooms, offices, restrooms, coffee serving area, a
fellowship multi-purpose room and nurseries. The first floor has approximately 545 square-
feet of ancillary classroom and 179 square-feet of office space, approximately 1,176
square-feet for the remaining space is comprised of multi-purpose rooms and nurseries.
The second floor has approximately 1,007 square-feet of ancillary classroom and 913
square-feet of office space.
Previous Applications:
On November 4, 1970, Conditional Use Permit No. 3251 was approved by the Ventura
County for a place of religious worship totaling 5,022 square-feet on the 42,455 square-foot
lot at 4823 Mira Sol Drive. On February 19, 1997,the City Planning Department approved
Zoning Clearance No. 97-37 for construction of a two-story 1,970 square-foot single-family
parsonage home on the adjacent 28,190 square-foot lot north of the existing church, at
4825 Mira Sol Drive.
GENERAL PLAN/ZONING
Direction General Plan Zoning Land Use
Medium Density Rural Exclusive Sanctuary/Single-
Site Residential
4 DU/AC (R-E) Family Residential
Medium Density Rural Exclusive Single Family
North Residential (R-E) Residential
4 DU/AC
Medium Density Single-Family Single Family
South Residential Residential Residential
4 DU/AC (R-1-7) _
Medium Density Rural Exclusive Single Family
East Residential
4 DU/AC (R-E) Residential
I.
Medium Density Single-Family Single Family
West Residential Residential Residential
4 DU/AC (R-1-7)
General Plan and Zoning Consistency:
The Medium Density Residential land use designation in the General Plan is intended for
residential development characterized by single family homes in standard subdivision form.
Places of religious worship are compatible with this designation. The purpose of the rural
exclusive zone is to provide for and maintain rural residential areas in conjunction with
horticultural activities and to provide for a limited range of service and institutional uses
which are compatible and complementary to rural residential communities. The Zoning
Ordinance requires Planning Commission approval of a Conditional Use Permit for places
of religious worship with a school in the Residential Exclusive (R-E) Zone. This allows for
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consideration of the compatibility of the proposed use with surrounding uses in making
findings on the application, and adoption of conditions of approval as deemed necessary.
Proposed Project
The application is for a Conditional Use Permit for the continued operation of the church
and the construction of a pre-school to be operated by the church. The proposed two-story
preschool will be located on the 28,190 square-foot property to the north of the existing
42,455 square-foot church property. The 28,190 square-foot subject property is mostly
vacant with an existing 1,970 square-foot, two-story parsonage house located to the north
side of the site. The parsonage house is used as the residence for one of the pastors and
occasional fellowship and small group meetings. A driveway and playground is proposed
to separate the preschool building and the existing sanctuary building. The proposed
preschool will include approximately 2,427 square-feet of classroom space, 212 square-
feet of office space, and 786 square-feet of restrooms on the first floor, and 1,992 square-
feet of storage space on the second floor. A maximum enrollment of 60 preschool
students with a total of 13 faculty and staff members has been proposed by the applicant in
a letter received on September 14, 2010. The proposed hours of operation for the
preschool are 7:00AM to 6:00PM Monday through Friday. The entire second floor is
proposed to be used solely as storage space for the church facility and preschool. A
condition is recommended requiring the second floor of the preschool to be storage only
and any change in the use of this second floor area require a modification to the
conditional use permit. The zoning ordinance only allows a preschool in the Rural
Exclusive zone when conditionally permitted with a place of religious worship; this is
discussed in more detail in the analysis section of the report.
Architecture:
The architecture of the church,which has Mission characteristics with concrete S-tile, stone
veneer and white stucco, will remain unchanged. The preschool has been designed to be
architecturally compatible with the church and have no impacts on residents in the
surrounding neighborhood. The roof line of the preschool has a cross-gabled design on
the second floor with a hipped roof on the one story element facing the south. The roofing
is proposed as concrete S-tile, called Barcelona, with a mix of orange, red and tan hues,to
match the roofing of the existing church. This roof tile is reminiscent of the Spanish tile
roofs found in Mission architecture. The new building will also be stucco, painted a white
hue to match the existing church. The entrance has been designed with a welcoming focal
point consisting of an open wood trellis over the primary entry walkway. There are exterior
staircases providing access to the second floor storage space. Stone veneer is proposed
on both the front and rear elevations. The stone work is proposed on the walls which
screen the staircases, facing the street, and on the rear elevation. The stone work which
will match stone material on the front elevation of the church. In order to maintain privacy
for the residential properties located south of the preschool, staff is recommending a
condition of approval that all windows on the second floor, facing residential properties be
designed to be clearstory windows. Clearstory windows would be located on portions of
the second floor walls which rise above traditional window elevations allowing daylight to
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enter the interior storage space while not allowing views out of the space and down into
adjacent properties.
Setbacks:
The church is located 59-feet away from the east property line which functions as the
centerline of the private access drive, of Mira Sol Drive; 144-feet away from the south
property line, 41-feet away from the west property line; and 25-feet away from the north
property line, which is the proposed preschool site. The preschool is proposed to be set
back approximately 59-feet from the east property line, which is consistent with the
minimum required front setback of 20-feet in the RE Zone. The preschool is setback 106
feet from the north property line and 16-feet from the existing south property line. Minimum
interior setbacks required in the RE Zone are 5-feet, unless the property is adjacent to a
street and then the minimum setback from the street is required to be 10-feet. The
minimum rear yard setback required in the RE Zone is 15-feet. Adjacent to the rear yard,
west of the preschool are single family homes. The preschool is proposed to be set back
approximately 45-feet from the west property line, which is greater than the code
requirement. This will aid in alleviating privacy concerns to property owners west of the
preschool. In addition, windows located on the second floor will conditioned to be
clearstory. Second story window details are discussed further under the analysis section.
The preschool will also contain approximately 500 square-feet of landscaped area along
the western property line, behind the preschool; approximately 16-foot wide by 74 foot long
landscape area along the southern perimeter of the preschool project, between the place
of worship and school, and an approximately 20-foot deep by 40-foot wide landscape area
on the eastern side of the property, which is the frontage of the project along Mira Sol
Drive.
Circulation:
Vehicles currently access the church site via Mira Sol Drive, a private access drive. The
private access drive consists of 2-twelve foot(12')wide parallel access easements off the
centerline of the private drive, for a total private access width of twenty four feet. The
centerline of the private access easement serves as the common property line for all of the
properties on Mira Sol Drive. Currently, a 25-foot wide driveway exists on the southeast
side of the property as the primary ingress and egress to the church parking lot. The
preschool is proposing a secondary 25-foot driveway off of Mira Sol Drive, to be located
between the church and preschool. This secondary driveway will provide an additional
access area for vehicles to enter and exit the property. The secondary driveway will be
secured by a decorative steel gate and will aid the circulation for vehicles exiting from the
property. In order to address the adequate use of the parking lot, a condition is included
that the church facility and preschool will not be allowed to operate simultaneously as
discussed further under the analysis section.
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Parking:
Address Existing (E) and Proposed r Spaces Required Spaces
(P) Uses Provided
4823 Mira Sol (E) Sanctuary and 2,754 sq.ft.@1:80 sq.ft. = 57
Drive classroom = 2,754 sq. ft 34.42 spaces
(E) Office = 1,507 sq. ft. 1,507 sq. ft. .@1:300 sq.ft. =
5.02 spaces
4825 Mira Sol (P) Preschool classroom = 2,427 sq.ft.@1:80 sq.ft. = same as
Drive 2,427 sq. ft and 30.33 spaces above
Office = 212 sq. ft. 212 sq. ft. .@1:300 sq.ft. =
[(E) Single Family 0.70 spaces
Residence— currently
meets parking
requirements]
Total 39 spaces required 57
for most intense use
Based on the most intense use being the place of religious worship, 39 parking spaces are
required. The parking lot is being updated to have a total of 57 parking spaces provided.
A complete review of parking is provided below in the analysis section.
Landscaping:
The church has a variety of ground cover, shrubs and shade and palm trees planted in the
landscaped areas of the property and in large pots. It is appropriate to landscape the
preschool site so that it is compatible with the church property. Staff recommends a
condition requiring installation of landscaping on the property surrounding the preschool to
be compatible with the church property. For privacy and security, a three foot decorative
fence with block pilasters exists in front of the church. Staff recommends a condition of
approval to extend the decorative fencing along the frontage of the preschool property to
match the decorative fencing along the frontage of the church property. Also, there is
currently a pedestrian sidewalk located along the frontage of the church property. Staff
recommends a condition of approval to continue the pedestrian sidewalk along the
frontage of the preschool and add a pedestrian connection from the street to the entrance
of the preschool building. Also, a condition has been added requiring additional
landscaping adjacent the western property line where a new planter is proposed to
separate parking from existing residential properties.
Site Improvements and National Pollution Discharge Elimination Standards Requirements
(NPDES):
The City Engineer has conditioned the project to provide for all necessary on-site and off-
site storm drain improvements including the imposition of National Pollution Discharge
Elimination System (NPDES) requirements. "Passive" Best Management Practices
Drainage Facilities are required to be provided so that surface flows are intercepted and
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treated on the surface over biofilters (grassy swales), infiltration areas and other similar
solutions. The property currently utilizes residential waste disposal service. if the applicant
intends on using commercial waste disposal service, a condition has been added requiring
construction of a trash enclosure to NPDES Permit standards, and to be designed to the
satisfaction of the City Engineer / Public Works Director and Community Development
Director.
ANALYSIS
Issues
Staff analysis of the proposed project has identified the following areas for Planning
Commission consideration:
• Parkinq
• Land Use Compatibility
Parkinq:
For places of religious worship, the Zoning Ordinance requires one (1) parking space per
eighty(80) square feet of main auditorium (sanctuary or place of worship)and classrooms,
plus one (1) parking space per three-hundred (300) square feet of offices. This
requirement is based on the most intense parking need, when the sanctuary is in use.
Places of worship are unique in that their parking requirements differ based on the
activities occurring at any particular time. Additionally, the parking ordinance allows
shared parking, reducing the minimum required parking spaces by up to twenty-five (25)
percent when it can be determined that due to the operational characteristics of the on-site
uses, parking demands will occur at different times and also that, when a parking standard
is not indicated the parking standard can be established based on the type of use, location
of use, number of employees, traffic generated and good planning practice. This allows
flexibility in parking standards for unique circumstances.
As shown on table above, the parking ordinance requires 39 parking spaces for the most
intense use of the 5,022 square feet of existing place of religious worship and 31 parking
spaces for the preschool of 5,417 square feet of classroom and offices. Approximately 70
parking spaces are needed for the church and preschool to be operated simultaneously.
Since 57 total parking spaces are being proposed for the church and preschool, staff is
recommending a condition of approval to prohibit simultaneous operation of both facilities.
This will minimize the potential for offsite parking impacts on Mira Sol Drive. A condition is
recommended that the applicant shall provide a schedule for the operation of the place of
religious worship and preschool,to ensure that these uses will not operate simultaneously,
and the applicant shall submit the operational schedule for review and approval by the
Community Development Director.
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Land Use Compatibility:
Approximately 260 people attend this church over the course of four services on Sundays.
During the weekend services, children are able to attend ministry school onsite, while
parents attend worship services in the sanctuary; while younger children are dropped off in
the nursery. The applicant is requesting to only operate the preschool during the weekdays
when the sanctuary is not being used. At this time, the applicant is proposing to have a
maximum of 60 students in the pre-school. However, the State of California will make the
determination on the maximum number of children allowed per classroom. A condition of
approval has been included stating that the applicant shall meet all standards of the State
of California Department of Welfare, including the minimum number of required faculty.
The zoning ordinance only allows a school in the Rural Exclusive zone when conditionally
permitted with a place of religious worship. Therefore, the preschool must be operated in
association with the operation of the existing place of religious worship because a
preschool would not otherwise be allowed in the residential zone. Conditions of approval
are recommended that the preschool must be operated solely by and in association with
the owner of the place of religious worship, that the preschool must be ancillary to the
place of religious worship, and that the two lots for the sancturary and preschool be
combined into one lot.
Staff reviewed the application for compatibility with the existing residential uses
surrounding the subject property. The request of this application is for the operation of a
preschool in association with the existing place of religious worship, with a maximum
enrollment of 60 students, at or below Kindergarten age, with a maximum of 13 faculty and
staff members. This will generate additional traffic from the uses on the project site. Staff
compared the estimated additional traffic from the pre-school to potential residential
development of the church property under the standards of the RE Zone. The total area of
the property owned by the church is 70,645 square-feet or 1.62 acres. In the RE Zone the
minimum lot size is 10,000 square-feet. Therefore, if the existing church property was
developed as residential property there could be at least 6 residential units allowed on the
property under the existing density of the existing zoning and general plan land use
designations. Each of these 6 lots may also be permitted to have second dwelling units.
The Institute of Transportation Engineers Trip Generation Manual 7th Edition indicates that
on a weekday there is a daily average of 9.57 vehicle trips for a residential unit. If this
property was developed with 6 residential units and 6 second dwelling units this would
create approximately 115 vehicle trips on a weekday. The Institute of Transportation
Engineers Trip Generation Manual indicates that a day care center on a weekday has an
average of 79.26 trips per 1,000 square-feet, for a total of 209 daily trips for the proposed
building. The weekday A.M. Peak Hour has an average of 13.56 vehicle trip ends per
1,000 square-feet and weekday P.M. Peak Hour has an average of 13.91 vehicle trip ends
per 1,000 square feet. This would approximate up to 36 vehicle trip ends during the A.M.
Peak Hour and 37 vehicle trip ends during the P.M. Peak Hour. The total square footage
of preschool area for classrooms, offices and restrooms must be reduced to a maximum of
1,600 square-feet so that the number of weekday vehicle trips that would be generated by
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the preschool is comparable to the vehicle trips that would be generated by 6 single family
homes and 6 second dwelling units. A 1,600 square foot preschool would generate a total
of 127 daily trips. A condition of approval has been included which states that the
preschool area for classrooms and offices, including restrooms, must not exceed a
maximum of 1,600 square feet, nor a maximum enrollment of 45 students at or below the
kindergarten age, at any one time. Also, records must be maintained by the managers of
the preschool to reflect enrollment and must be provided to the Community Development
Director for review at any time within 5 working days of receiving a written request. It is also
important to note that the plans for construction of a median in Los Angeles Avenue along
the frontage of Mira Sol Drive would preserve the ability to make left turns into and our of
Mira Sol Drive.
Staff forwarded the application to the Ventura County Fire Department for review. The
Senior Fire Inspector provided the following recommended conditions of approval, as
follows:
• Access Road Width, Private Roads/Driveways-Private roads shall comply with
Public Road Standards, unless modified by the Fire Department with City approval.
Mirasol Drive shall be maintained at the present 24 foot paved width. Signs shall be
posted to limit parking to off of the pavement.
• Vertical Clearance- All access roads / driveways shall have a minimum vertical
clearance of 13 feet 6 inches (13' 6").
• Turnarounds-Approved turnaround areas for fire apparatus shall be provided when
dead-end Fire Department access roads/driveways exceed 150 feet. Turnaround
areas shall not exceed a 5% cross slope in any direction and shall be located within
150 feet of the end of the access road / driveway. Turnaround areas shall not be
used for parking and shall be kept free of obstructions at all times. Turnaround
areas shall be posted as Fire Lanes in accordance with Fire District Fire Lane
Standards.
• Parking Prohibited- The property owner(s) are hereby advised that parking on
access roads / driveways and fire department turnarounds is prohibited.
• Fire Lanes- Prior to construction the applicant shall submit two (2) site plans to the
Fire District for approval of the location of fire lanes. Prior to occupancy, all fire
lanes shall be posted "Parking Allowed Off Pavement Only" in accordance with
California Vehicle Code, the International Fire Code and current VCFPD Fire Lane
Standards. All signs and or Fire Lane markings shall be within recorded access
easements.
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• Access Road Gates-Any gates to control vehicle access are to be located to allow
a vehicle waiting for entrance to be completely off the intersecting roadway. A
minimum clear open width of 15 feet in each direction shall be provided for separate
entry/exit gates and a minimum 20 for combined entry/exit gates. If gates are to
be locked, a Knox system shall be installed. The method of gate control, including
operation during power failure (battery back-up), shall be subject to review by the
Fire Prevention Division. Gate plan details shall be submitted to the Fire District for
approval prior to installation. A final acceptance inspection by the Fire District is
required prior to placing any gate into service.
• Walkways-Approved walkways shall be provided from all building openings to the
public way or fire department access road /driveway.
• Walk and Pedestrian Gates- If gates are to be locked, a Knox system shall be
installed. The method of gate control shall be subject to review by the Fire
Prevention Division. Gate plan details shall be submitted to the Fire District for
approval prior to installation. A final acceptance inspection by the Fire District is
required prior to placing any gate into service.
• Address Numbers (Commercial, Industrial, Multi-family buildings)-Building address
numbers, a minimum of ten inches (10") high, shall be installed prior to occupancy,
shall be of contrasting color to the background, and shall be readily visible at night.
Brass or gold plated numbers shall not be used.
• Accessory Room Door Labeling- All accessory room doors shall be labeled on the
doors indicating use of the room (i.e., Electrical Room, Riser Room, Fire Alarm
Panel Inside, Storage Room, Janitor, etc).
• Door Swing- All exit doors shall swing in the direction of travel (outwards) when
leaving the building.
• Panic Hardware-All exit doors shall be provided with panic hardware when serving
"E" occupancies with an occupant load of 50 or more persons.
• Emergency Lighting and Exit Signs- All emergency lights and exit signs shall be
maintained in an operable condition at all times.
• Emergency Planning and Preparedness-The owner/applicant and all occupants of
buildings shall comply with the Fire Department requirements for Evacuation Plans,
Drills and training as indicated under The International Fire Code, Chapter 4
"Emergency Planning and Preparedness", and CCR Title 19 Sec 3.09. All required
records and documentation shall be available for review by the Fire Department
upon request.
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Honorable Planning Commission
January 25, 2011
Page 10
• Fire Hydrant Plan- Prior to construction, the applicant shall submit plans to the Fire
District for placement of fire hydrants. On plans, show existing hydrants within 500
feet of the development. Indicate the type of hydrant, number and size of outlets.
• Fire Hydrant(s) Required- Fire hydrant(s) shall be provided in accordance with
current adopted edition of the International Fire Code, Appendix C and adopted
amendments. On-site fire hydrants may be required as determined by the Fire
District.
• Fire Hydrant Design (Commercial, Industrial, Multi-family buildings)- Fire hydrants
shall be installed and in service prior to combustible construction and shall conform
to the minimum standard of the City of Moorpark Water Works Manual and the
following:
1. Each hydrant shall be a 6 inch wet barrel design and shall have one 4 inch
and two 2 '/, inch outlet(s).
2. The required fire flow shall be achieved at no less than 20-psi residual
pressure.
3. Fire hydrants shall be spaced 300 feet on center and so located that no
structure will be farther than 150 feet from any one hydrant.
4. Fire hydrants shall be set back in from the curb face 24 inches on center.
5. No obstructions, including walls, trees, light and sign posts, meter, shall be
placed within three (3) feet of any hydrant.
6. A concrete pad shall be installed extending 18 inches out from the fire
hydrant.
7. Ground clearance to the lowest operating nut shall be between 18 to 24
inches.
• Hydrant Location Markers- Prior to occupancy of any structure, blue reflective
hydrant location markers shall be placed on the access roads in accordance with
Fire District standards. If the final asphalt cap is not in place at time of occupancy,
hydrant location markers shall still be installed and shall be replaced when the final
asphalt cap in completed.
• Fire Flow (Commercial, Industrial, Multi-family buildings)- The minimum fire flow
required shall be determined as specified by the current adopted edition of the
International Fire Code Appendix B with adopted Amendments and the applicable
Water Manual for the jurisdiction (with ever is more restrictive). Given the present
plans and information, the required fire flow is approximately 1250 gallons per
minute at 20 psi for a minimum two hour duration. A minimum flow of 1000 gallons
per minute shall be provided from any one hydrant. A minimum fire flow of 1000
GPM shall be provided from each hydrant when multiple hydrants are flowing at the
same time. The applicant shall verify that the water purveyor can provide the
required volume and duration at the project prior to obtaining a building permit.
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Honorable Planning Commission
January 25, 2011
Page 11
• Fire Sprinklers- All structures shall be provided with an automatic fire sprinkler
system in accordance with current VCFPD Ordinance at time of building permit
application.
• Fire Protection System Plans- Plans for all fire protection systems (sprinklers, dry
chemical, hood systems, etc.) shall be submitted, with payment for plan check, to
the Fire District for review and approval prior to installation. Note: Fire sprinkler
systems with 20 or more heads shall be supervised by a fire alarm system in
accordance with Fire District requirements.
• Fire Alarm System- A fire alarm system shall be installed in all buildings in
accordance with California Building and Fire Code requirements.
• Fire Alarm Plans- Plans for any fire alarm system shall be submitted, with payment
for plan check, to the Fire District for review and approval prior to installation.
• Fire Sprinkler System Maintenance- The building fire sprinkler system shall be
serviced and maintained in a proper working order at all times. Required
maintenance inspections and service personnel shall be in accordance with CCR
Title 19, and VCFPD Ordinance. Service and maintenance records shall be
maintained on-site and available for review by the Fire Department upon request.
• Five-Year Fire Sprinkler Report- A current Five-Year Fire Sprinkler System
certification shall be maintained at all times in accordance with CCR Title-19 and
VCFPD requirements. The required Five-Year Report shall be submitted to the Fire
Department prior to expiration of the previous Five-Year certification.
• Fire Alarm Certification- The building fire alarm system shall be serviced and
maintained in a proper working order at all times. Required maintenance inspections
and service personnel shall be in accordance with NFPA 72. Service records shall
be maintained on-site and available for review by the Fire Department upon request.
• Building Plan Review- Building plans of all "E"occupancies shall be submitted,with
payment for plan check, to the Fire District for review and approval prior to obtaining
a building permit.
• Fire Extinguishers- Fire extinguishers shall be installed in accordance with the
International Fire Code. The placement of extinguishers shall be subject to review
by the Fire District.
• Trash Dumpster Locations- Commercial trash dumpsters and containers with an
individual capacity of 1.5 cubic yards or greater shall not be stored or placed within
5 feet of openings, combustible walls, or combustible roof eave lines unless
protected by approved automatic fire sprinklers.
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Honorable Planning Commission
January 25, 2011
Page 12
• Fire Department Clearance-Applicant shall obtain VCFD Form#126"Requirements
for Construction" prior to obtaining a building permit for any new structures or
additions to existing structures.
Findings
1. The proposed use is consistent with the provisions of the general plan, zoning
ordinance, and any other applicable regulations in that places of religious worship
with a school is a conditionally permitted use within the zone, and conditions of
approval have been proposed to mitigate potential problems;
2. The proposed use as conditioned is compatible with both existing and permitted
land uses in the surrounding area, in that the preschool will not be operated at the
same time as the most intense use of the existing church facility;
3. The proposed use as conditioned is compatible with the scale, visual character and
design of surrounding properties, in that the preschool will be designed to be
architecturally compatible with the church and will not present adverse impacts on
the aesthetics of the surrounding neighborhood;
4. The proposed use would not be obnoxious or harmful, or impair the utility of
neighboring property or uses, in that conditions of approval have been proposed to
ensure compatibility in land use of the place or religious worship, the preschool and
existing residential properties; and
5. The proposed use would not be detrimental to the public health, safety,
convenience, or welfare, in that the operation of this place of religious worship and
preschool are compatible with the rural exclusive residential uses and single family
homes surrounding this property.
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: December 30, 2010
Planning Commission Action Deadline: March 30, 2011
City Council Action Deadline: Not Applicable, unless the Planning Commission
decision is appealed.
Upon agreement by the City and Applicant, one 90-day extension can be granted to the
date action must be taken on the application.
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Honorable Planning Commission
January 25, 2011
Page 13
ENVIRONMENTAL DETERMINATION
In accordance with the City's environmental review procedures adopted by resolution, the
Community Development Director determines the level of review necessary for a project to
comply with the California Environmental Quality Act (CEQA). Some projects may be
exempt from review based upon a specific category listed in CEQA. Other projects may be
exempt under a general rule that environmental review is not necessary where it can be
determined that there would be no possibility of significant effect upon the environment. A
project which does not qualify for an exemption requires the preparation of an Initial Study
to assess the level of potential environmental impacts.
Based upon the results of an Initial Study,the Director may determine that a project will not
have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt
a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects,
a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient
environmental documentation. If the Director determines that a project has the potential for
significant adverse impacts and adequate mitigation can not be readily identified, an
Environmental Impact Report (EIR) is prepared.
The Community Development Director has determined this project to be Categorically
Exempt in accordance with Section 15332 (Class 32: In-Fill Development Projects) of the
California Code of Regulations (CEQA Guidelines). No further environmental
documentation is required.
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the public hearing.
2. Adopt Resolution No. PC-2011- approving Conditional Use Permit No. 2010-
04.
ATTACHMENTS:
1. Location Map
2. Aerial Map
3. Project Exhibits
A. Project Description
B. Demolition Site Plan
C. Site Plan
D. Floor Plans (Sanctuary and Preschool Building)
E. Elevations Preschool Building
F. Architect's Rendering of the Project
G. Preliminary Landscape Plan
H. Preliminary Fencing Plan
I. Preliminary Lighting Plan
4. Draft PC Resolution with Conditions of Approval
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14
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PROJECT EXHIBITS
A. Project Description
B. Demolition Site Plan
C. Site Plan
D. Floor Plans (Sanctuary and Preschool Building)
E. Elevations Preschool Building
F. Architect's Rendering of the Project
G. Preliminary Landscape Plan
H. Preliminary Fencing Plan
I. Preliminary Lighting Plan
(UNDER SEPARATE COVER)
COPIES OF THE EXHIBITS ARE AVAILABLE
UPON REQUEST OF THE PROJECT PLANNER
PC ATTACHMENT 3
S\Community Development\DEV PMTS\C U133201032010 04 Lighthouse Preschool\Exhiblis-Maps\Under Separate Cover PC Attachment 3 doc 17
RESOLUTION NO. PC-2011-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. 2010-04 TO ALLOW THE
CONTINUED OPERATION OF A TWO-STORY 5,022 SQUARE-
FOOT SANCTUARY AND OFFICE FOR LIGHTHOUSE CHURCH
ON A DEVELOPED 42,455 SQUARE-FOOT LOT AT 4823 MIRA
SOL DRIVE, AND A REQUEST TO CONSTRUCT A TWO-STORY
5,417 SQUARE-FOOT PRESCHOOL, ON THE ADJACENT 28,190
SQUARE-FOOT LOT, AT 4825 MIRA SOL DRIVE, ON THE
APPLICATION OF RANDY SUGARMAN
WHEREAS, at a duly noticed public hearing on January 25, 2011, the Planning
Commission considered Conditional Use Permit (CUP) No. 2010-04 on the application
of Randy Sugarman for the continued operation of a two-story 5,022 square-foot
sanctuary and office for Lighthouse Church on a developed 42,455 square-foot lot at
4823 Mira Sol Drive, and a request to construct a two-story 5,417 square-foot
preschool, on the adjacent 28,190 square-foot lot, at 4825 Mira Sol Drive;
WHEREAS, at its meeting of January 25, 2011, the Planning Commission
considered the agenda report and any supplements thereto and written public
comments; opened the public hearing and took and considered public testimony both
for and against the proposal; closed the public hearing and reached a decision on this
matter; and
WHEREAS, the Planning Commission concurs with the Community Development
Director's determination that this project is Categorically Exempt from the provisions of
CEQA pursuant to Section 15332 as a Class 32 exemption for in-fill development
projects.
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 places of religious
worship with a school is a conditionally permitted use within the zone, and
conditions of approval have been proposed to mitigate potential problems;
B. The proposed use as conditioned is compatible with both existing and permitted
land uses in the surrounding area, in that the preschool will not be operated at
the same time as the most intense use of the existing church facility;
PC ATTACHMENT 4
10
Resolution No. PC-2011-
Page 2
C. The proposed use as conditioned is compatible with the scale, visual character
and design of surrounding properties, in that the preschool will be designed to
be architecturally compatible with the church and will not present adverse
impacts on the aesthetics of the surrounding neighborhood;
D. The proposed use would not be obnoxious or harmful, or impair the utility of
neighboring property or uses, in that conditions of approval have been
proposed to encure compatibility in land use of the place or religious worship,
the preschool and existing residential properties; and
E. The proposed use would not be detrimental to the public health, safety,
convenience, or welfare, in that the operation of this place of religious worship
and preschool are compatible with the rural exclusive residential uses and
single family homes surrounding this property.
SECTION 2. PLANNING COMMISSION APPROVAL: the Planning
Commission herby approves Conditional Use Permit No. 2010-04 subject to the
Standard and Special Conditions of Approval found in Exhibit A attached.
SECTION 3. FILING OF RESOLUTION: The Community Development
Director shall cause a certified resolution to be filed in the book of original resolutions.
The action of the foregoing direction was approved by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
PASSED, AND ADOPTED this 25th day of January, 2011.
Chair
David A. Bobardt
Community Development Director
Exhibit A— Standard and Special Conditions of Approval
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Resolution No. PC-2011-
Page 3
EXHIBIT A
STANDARD AND SPECIAL CONDITIONS OF APPROVAL
FOR CONDITIONAL USE PERMIT (CUP) No. 2010-04
STANDARD CONDITIONS OF APPROVAL
The applicant shall comply with Standard Conditions of Approval for Conditional Use
Permits as adopted by City Council Resolution No. 2009-2799 (Exhibit B), except as
modified by the following Special Conditions of Approval. In the event of conflict
between a Standard and Special Condition of Approval, the Special Condition shall
apply.
SPECIAL CONDITIONS
1. The applicant's acceptance of this permit and/or commencement of construction
and/or operations under this permit is deemed to be acceptance of all conditions
of this permit.
2. The Conditions of Approval of this permit, City of Moorpark Municipal Code and
adopted city policies at the time of the permit approval supersede all conflicting
notations, specifications, dimensions, typical sections and the like which may be
shown on plans.
3. Conditions of this entitlement may not be interpreted as permitting or requiring
any violation of law or any unlawful rules or regulations or orders of an authorized
governmental agency.
4. 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.
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Resolution No. PC-2011-
Page 4
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.
5. 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.
6. All Conditions of Approval for Conditional Use Permit No. 3251 as issued by
Ventura County are null and void and are replaced by this permit.
7. The development must be in substantial conformance with the plans presented in
conjunction with the application for Conditional Use Permit No. 2010-04, except
any modifications as may be required to meet specific Code standards or other
conditions stipulated herein. The preschool area for classrooms and offices,
including restrooms, must not exceed a maximum of 1,600 square feet, nor a
maximum enrollment of 45 students at or below the kindergarten age, at any one
time. Records must be maintained by the managers of the preschool to reflect
enrollment and must be provided to the Community Development Director for
review at any time within 5 working days of receiving a written request.
8. All necessary permits must be obtained from the Building and Safety Division
and all construction shall be in compliance with the Moorpark Building Code and
all other applicable regulations.
9. Approval of a Zoning Clearance is required prior to the issuance of building
permits. All other permit and fee requirements must be met.
10. Prior to issuance of a Zoning Clearance for a building permit for the preschool,
the applicant shall provide a floor plan for the pre-school demonstrating that the
entire second floor of the pre-school is to be used solely as storage space for the
church facility and preschool, to be reviewed and approved by the Community
Development Director. The second floor of the preschool must be used only as
storage and any change in the use of this second floor area requires a
modification to the conditional use permit.
11. Prior to issuance of a Zoning Clearance for a building permit for the preschool,
the applicant shall provide an exterior materials and colors board, to be reviewed
and approved by the Community Development Director.
12. Prior to issuance of a Zoning Clearance for a building permit for the preschool,
windows on the second floor and facing residential properties must be designed
to be clerestory windows subject to the review and approval by the Community
Development Director.
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Resolution No. PC-2011-
Page 5
13. Prior to the issuance of a Zoning Clearance for a building permit for the
preschool, a landscape plan with drought tolerant landscape materials, shall be
submitted by the applicant to be designed to be compatible with the landscaping
of the church property, to be reviewed and approved by the Community
Development Director; accompanied by a deposit of $2,500.00 to cover costs of
plan check review to be provided by the applicant.
14. Prior to issuance of a Zoning Clearance for a building permit for the preschool,
the landscape plan must include the installation of irrigation and additional
planting adjacent the western property line where a new planter is proposed to
separate parking from existing residential properties, to be reviewed and
approved by the Community Development Director.
15. Prior to issuance of a Zoning Clearance for a building permit for the preschool,
the applicant shall provide a proposed fencing plan for the preschool property, to
be reviewed and approved by the Community Development Director.
16. Prior to issuance of a Zoning Clearance for a building permit for the preschool,
the applicant shall submit a plan demonstrating the installation of a pedestrian
sidewalk along the frontage of the preschool property, including a pedestrian
connection from the street to the entrance of the preschool building, to be
reviewed and approved by the Community Development Director.
17. Prior to issuance of a Zoning Clearance for a building permit for the preschool,
an exterior lighting plan shall be submitted by the applicant, to be reviewed and
approved by Community Development Director; accompanied by a deposit of
$2,500.00 to cover costs of plan check review to be provided by the applicant.
The lighting plan, prepared by an electrical engineer registered in the State of
California, must demonstrate conformance of the exterior lighting with the
Moorpark Municipal Code.
18. Prior to issuance of a Zoning Clearance for a building permit for the preschool, a
waste reduction, recycling and disposal plan must be submitted for review and
approval to the satisfaction of the City. If commercial waste disposal service is
required or proposed, the applicant shall provide a plan for construction of a trash
enclosure, to be designed to meet NPDES Permit standards and to the
satisfaction of the City Engineer / Public Works Director and Community
Development Director.
19. Prior to issuance of a Zoning Clearance for occupancy of the preschool, the
applicant shall provide a schedule for the operation of the church and preschool,
to ensure that these uses not operate simultaneously, and the schedule must be
submitted to be reviewed and approved by the Community Development
Director.
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Resolution No. PC-201 1-
Page 6
20. Prior to the issuance of a Zoning Clearance for occupancy of the preschool,
pursuant to the State of California Child Welfare Services, the applicant shall
register the business with the County Environmental Health Department, sign an
acknowledgment upon receipt of the County standards, and commit to meet the
standards, including providing the County Environmental Health Department with
all necessary information, registration fees, and annual inspection fees. The
applicant shall comply with any applicable amendments to State law with respect
to the allowed uses during the term of this permit and shall comply with the
maximum number of students allowed by the State and shall comply with
providing the minimum number of faculty required by the State per enrolled child.
21. Prior to the issuance of a Zoning Clearance for occupancy of the preschool, a lot
line adjustment must be completed to combine the adjacent parcels: 4823 and
4825 Mira Sol Drive, and the lot combination must be submitted to be reviewed
and approved by the Community Development Director, and subsequently must
be recorded with the Ventura County recorder's office.
22. A minimum separation of 30 minutes between the scheduled end and the
beginning times of services in the sanctuary must be maintained throughout the
term of this permit to be reviewed and approved by the Community Development
Director. Use of the multi-purpose rooms within the sanctuary building for
assembly purposes during the same time as use of the sanctuary for assembly
may only occur if parking agreement(s) in a form to the satisfaction of the
Community Development Director are provided, demonstrating a total availability
of 57 parking spaces for the place of worship during the time both spaces are
used.
23. The preschool must be operated solely by and in complete association with the
owner of the place of religious worship. Transfer of ownership and operation of
the preschool to any organization other than the owners of the property that
conduct and operate services associated with the place of religious worship on-
site shall be a violation of the conditional use permit and shall be cause for
immediate revocation of the conditional use permit.
24. For indoor or outdoor events that are not considered part of the everyday
operation of the place of worship, the applicant shall apply for and secure a
Temporary Use Permit from the Community Development Department. Such
application must be made at least thirty (30) calendar days prior to the
commencement of the indoor or outdoor event. As part of the Conditions of
Approval, the Community Development Director may require, based upon the
scope and size of the event, security guards, traffic control, valet parking and
other measures to assure that the event does not disrupt the neighborhood and
surrounding area.
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Resolution No. PC-2011-
Page 7
25. No outdoor storage is allowed under this approval. Any request for outdoor
storage shall be subject to the application requirements in place at the time of
such request.
26. A separate sign permit application is required for all proposed signs.
27. All setbacks and height requirements of the proposed preschool must be in
accordance with the Zoning Code.
28. Upon completion of any parking lot improvements, including parking lot asphalt
sealing, or re-striping of parking stalls, the applicant shall submit a parking lot re-
striping plan as required in the Parking Ordinance 17.32.060, for the review and
approval of the Community Development Director of a Zoning Clearance prior to
the performance of such work.
29. All parking spaces must be designed to meet the standard stall size criteria of the
parking ordinance with a length of twenty (20') feet and a width of nine (9') feet,
and this must be reflected on the site plan to the satisfaction of the Community
Development Director prior to the issuance of building permits.
30. All parking areas must be surfaced with asphalt or concrete and must include
adequate provisions for drainage, National Pollution Discharge Elimination
System (NPDES) compliance, striping, curbs, or posts in parking areas adjacent
to landscaped areas.
31. The applicant and his/her successors, heirs, and assigns shall remove any graffiti
within seventy-two (72) hours from written notification by the City of Moorpark. All
such graffiti removal must be accomplished to the satisfaction of the Community
Development Director.
32. 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.
33. Conditional Use Permit No. 2010-04 may be revoked or its use suspended by the
City, if any of the causes listed in Section 17.44.080.B of the Zoning Code are
found to apply, including if the use for which the permit was granted has not been
exercised for at least twelve (12) consecutive months, has ceased to exist, or has
been abandoned. The discontinuance for a period of one hundred eighty (180) or
more days of a nonconforming use or a change of nonconforming use to a
conforming use constitutes abandonment and termination of the nonconforming
status of the use.
34. 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.
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Resolution No. PC-2011-
Page 8
Ventura County Fire Department Conditions:
35. Access Road Width, Private Roads/Driveways- Private roads shall comply with
Public Road Standards, unless modified by the Fire Department with City
approval. Mirasol Drive shall be maintained at the present 24 foot paved width.
Signs shall be posted to limit parking to off of the pavement.
36. Vertical Clearance- All access roads / driveways shall have a minimum vertical
clearance of 13 feet 6 inches (13' 6").
37. Turnarounds- Approved turnaround areas for fire apparatus shall be provided
when dead-end Fire Department access roads / driveways exceed 150 feet.
Turnaround areas shall not exceed a 5% cross slope in any direction and shall
be located within 150 feet of the end of the access road / driveway. Turnaround
areas shall not be used for parking and shall be kept free of obstructions at all
times. Turnaround areas shall be posted as Fire Lanes in accordance with Fire
District Fire Lane Standards.
38. Parking Prohibited- The property owner(s) are hereby advised that parking on
access roads / driveways and fire department turnarounds is prohibited.
39. Fire Lanes- Prior to construction the applicant shall submit two (2) site plans to
the Fire District for approval of the location of fire lanes. Prior to occupancy, all
fire lanes shall be posted "Parking Allowed Off Pavement Only" in accordance
with California Vehicle Code,the International Fire Code and current VCFPD Fire
Lane Standards. All signs and or Fire Lane markings shall be within recorded
access easements.
40. Access Road Gates- Any gates to control vehicle access are to be located to
allow a vehicle waiting for entrance to be completely off the intersecting roadway.
A minimum clear open width of 15 feet in each direction shall be provided for
separate entry / exit gates and a minimum 20 for combined entry / exit gates. If
gates are to be locked, a Knox system shall be installed. The method of gate
control, including operation during power failure (battery back-up), shall be
subject to review by the Fire Prevention Division. Gate plan details shall be
submitted to the Fire District for approval prior to installation. A final acceptance
inspection by the Fire District is required prior to placing any gate into service.
41. Walkways- Approved walkways shall be provided from all building openings to
the public way or fire department access road /driveway.
42. Walk and Pedestrian Gates- If gates are to be locked, a Knox system shall be
installed. The method of gate control shall be subject to review by the Fire
Prevention Division. Gate plan details shall be submitted to the Fire District for
approval prior to installation. A final acceptance inspection by the Fire District is
required prior to placing any gate into service.
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Resolution No. PC-2011-
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43. Address Numbers (Commercial, Industrial, Multi-family buildings)- Building
address numbers, a minimum of ten inches (10") high, shall be installed prior to
occupancy, shall be of contrasting color to the background, and shall be readily
visible at night. Brass or gold plated numbers shall not be used.
44. Accessory Room Door Labeling- All accessory room doors shall be labeled on
the doors indicating use of the room (i.e., Electrical Room, Riser Room, Fire
Alarm Panel Inside, Storage Room, Janitor, etc).
45. Door Swing- All exit doors shall swing in the direction of travel (outwards) when
leaving the building.
46. Panic Hardware- All exit doors shall be provided with panic hardware when
serving "E" occupancies with an occupant load of 50 or more persons.
47. Emergency Lighting and Exit Signs- All emergency lights and exit signs shall be
maintained in an operable condition at all times.
48. Emergency Planning and Preparedness- The owner/applicant and all occupants
of buildings shall comply with the Fire Department requirements for Evacuation
Plans, Drills and training as indicated under The International Fire Code, Chapter
4 "Emergency Planning and Preparedness", and CCR Title 19 Sec 3.09. All
required records and documentation shall be available for review by the Fire
Department upon request.
49. Fire Hydrant Plan- Prior to construction, the applicant shall submit plans to the
Fire District for placement of fire hydrants. On plans, show existing hydrants
within 500 feet of the development. Indicate the type of hydrant, number and size
of outlets.
50. Fire Hydrant(s) Required- Fire hydrant(s) shall be provided in accordance with
current adopted edition of the International Fire Code, Appendix C and adopted
amendments. On-site fire hydrants may be required as determined by the Fire
District.
51. Fire Hydrant Design (Commercial, Industrial, Multi-family buildings)- Fire
hydrants shall be installed and in service prior to combustible construction and
shall conform to the minimum standard of the City of Moorpark Water Works
Manual and the following:
a) Each hydrant shall be a 6 inch wet barrel design and shall have one 4 inch
and two 2 1/2 inch outlet(s).
b) The required fire flow shall be achieved at no less than 20-psi residual
pressure.
c) Fire hydrants shall be spaced 300 feet on center and so located that no
structure will be farther than 150 feet from any one hydrant.
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Resolution No. PC-2011-
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d) Fire hydrants shall be set back in from the curb face 24 inches on center.
e) No obstructions, including walls, trees, light and sign posts, meter, shall be
placed within three (3) feet of any hydrant.
f) A concrete pad shall be installed extending 18 inches out from the fire
hydrant.
g) Ground clearance to the lowest operating nut shall be between 18 to 24
inches.
52. Hydrant Location Markers- Prior to occupancy of any structure, blue reflective
hydrant location markers shall be placed on the access roads in accordance with
Fire District standards. If the final asphalt cap is not in place at time of
occupancy, hydrant location markers shall still be installed and shall be replaced
when the final asphalt cap in completed.
53. Fire Flow (Commercial, Industrial, Multi-family buildings)- The minimum fire flow
required shall be determined as specified by the current adopted edition of the
International Fire Code Appendix B with adopted Amendments and the
applicable Water Manual for the jurisdiction (with ever is more restrictive). Given
the present plans and information, the required fire flow is approximately 1250
gallons per minute at 20 psi for a minimum two hour duration. A minimum flow of
1000 gallons per minute shall be provided from any one hydrant. A minimum fire
flow of 1000 GPM shall be provided from each hydrant when multiple hydrants
are flowing at the same time. The applicant shall verify that the water purveyor
can provide the required volume and duration at the project prior to obtaining a
building permit.
54. Fire Sprinklers- All structures shall be provided with an automatic fire sprinkler
system in accordance with current VCFPD Ordinance at time of building permit
application.
55. Fire Protection System Plans- Plans for all fire protection systems (sprinklers, dry
chemical, hood systems, etc.) shall be submitted, with payment for plan check, to
the Fire District for review and approval prior to installation. Note: Fire sprinkler
systems with 20 or more heads shall be supervised by a fire alarm system in
accordance with Fire District requirements.
56. Fire Alarm System- A fire alarm system shall be installed in all buildings in
accordance with California Building and Fire Code requirements.
57. Fire Alarm Plans- Plans for any fire alarm system shall be submitted, with
payment for plan check, to the Fire District for review and approval prior to
installation.
58. Fire Sprinkler System Maintenance- The building fire sprinkler system shall be
serviced and maintained in a proper working order at all times. Required
maintenance inspections and service personnel shall be in accordance with CCR
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Resolution No. PC-2011-
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Title 19, and VCFPD Ordinance. Service and maintenance records shall be
maintained on-site and available for review by the Fire Department upon request.
59. Five-Year Fire Sprinkler Report- A current Five-Year Fire Sprinkler System
certification shall be maintained at all times in accordance with CCR Title-19 and
VCFPD requirements. The required Five-Year Report shall be submitted to the
Fire Department prior to expiration of the previous Five-Year certification.
60. Fire Alarm Certification- The building fire alarm system shall be serviced and
maintained in a proper working order at all times. Required maintenance
inspections and service personnel shall be in accordance with NFPA 72. Service
records shall be maintained on-site and available for review by the Fire
Department upon request.
61. Building Plan Review- Building plans of all "E" occupancies shall be submitted,
with payment for plan check, to the Fire District for review and approval prior to
obtaining a building permit.
62. Fire Extinguishers- Fire extinguishers shall be installed in accordance with the
International Fire Code. The placement of extinguishers shall be subject to
review by the Fire District.
63. Trash Dumpster Locations- Commercial trash dumpsters and containers with an
individual capacity of 1.5 cubic yards or greater shall not be stored or placed
within 5 feet of openings, combustible walls, or combustible roof eave lines
unless protected by approved automatic fire sprinklers.
64. Fire Department Clearance- Applicant shall obtain VCFD Form #126
"Requirements for Construction" prior to obtaining a building permit for any new
structures or additions to existing structures.
-End-
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ITEM: 9.A.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: David A. Bobardt, Community Development Director
DATE: January 11, 2011 (PC Meeting of 1/25/2011)
SUBJECT: Consider Regular Meeting Schedule, Time and Place
BACKGROUND
Municipal Code Section 2.36.080 and Section 12.1 of Resolution No. PC-2008-529
(Rules of Procedure for Commission Meetings and Related Functions and Activities), call
for the Planning Commission to hold regular monthly or bi-monthly meetings as
determined by the Commission. As this is the first meeting of 2011, it is appropriate to set
the Planning Commission calendar for the year. Moorpark Municipal Code Section
2.36.100 deems a regular meeting to be one that is set by law, rule of the Planning
Commission, or any regularly advertised public hearing.
DISCUSSION
Planning Commission regular meetings for the past six years have been held the fourth
Tuesday of each month, starting at 7:00 p.m. with additional special meetings as
needed to accommodate heavier work loads, or to address Permit Streamlining Act
constraints. Staff recommends that this schedule be maintained through 2011. A
calendar reflecting this recommendation is attached. The calendar also indicates the
dates of regularly scheduled City Council meetings for reference.
STAFF RECOMMENDATION
Approve the 2011 regular meeting schedule of the fourth Tuesday of each month
starting at 7:00 p.m. at the Moorpark City Hall Community Center, 799 Moorpark
Avenue, Moorpark, CA 93021.
ATTACHMENT:
1. Recommended Regular Planning Commission Meeting Calendar
\Mor_pri serv\Department Share\Community Development\PLANNING COMMISSION\P C POLICIES1agenda reports120111pc 110125 pc calendar doc
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MOORPARK CITY COUNCIL AND COMMISSION
2011 REGULAR MEETING SCHEDULE
JANUARY FEBRUARY MARCH
1 1 2 3 4 5 1 2 3 4 5
2 3 4 5 6 7 8 6 7 8 9 10 11 12 6 7 8 9 10 11 12
9 10 11 12 13 14 15 13 14 a 16 17 18 19 13 14 15 16 17 18 19
16 17 18 19 20 21 22 20 21 22- 24 25 26 20 21 22 23 24 25 26
23 24 25 26 27 28 29 27 28 27 28 29 30 31
30 31
APRIL MAY
1 2 1 2 3 4 - 5 6 7 1 2 3 4
3 4 5 6 7 8 9 8 9 10 11 12 13 14 5 6 7 8 9 10 11
10 11 12 13 14 15 16 15 16 17 18 19 20 21 12 13 14 15 16 17 18
Atif
17 18 19 20 21 22 23 22 23 24 25 26 27 28 19 20 21 22 23 24 25
24 25 26 27 28 29 30 29 30 31 26 27 28 29 30
1 JULY AUGUST SEPTEMBER
1 2 1- 2 3 4 5 6 1 2 3
3 1 4 5 6 7 8 9 7 8 9 10 11 12 13 4 5 6 7 8 9 10
10 11 12 13 14 15 16 14 15 16 17 18 19 20 11 12 13 14 15 16 17
17 18 19 20 21 22 23 21 22 23 24 ' 25 26 27 18 19 20 21 22 23 24
24 25 26 27 28 29 30 28 29 30 31 25 26 27 28 29 30
31
L. OCTCI'atit NOVEMBER DECEMBER
1 1 2 3 4 5 1 2 3
2 3 4 5 6 7 8 6 7 8 9 10 11 12 4 5 6 7 8 9 10
9 10 11 12 13 14 15 13 14 le 16 17 18 19 11 12 13 14 15 16 17
16 17 18 19 20 21 22 20 21 22 23 24 25 26 18 19 20 21 22 23 24
23 24 25 26 27 28 29 27 28 29 30 25 26 27 28 29 30 31
30 31
I CITY COUNCIL PLANNING COMMISSION PARKS &REC COMMISSION
1ST&3RD Wednesdays 7:00 PM 4TH Tuesdays 7:00 PM 1ST Mondays 6:30 PM
LARTS COMMISSION
3RD Tuesdays Quarterly 6:00 PM
PC ITEM 9.A.
ATTACHMENT 1 . :3P)
ITEM 10.A.
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
31
Minutes of the Planning Commission
Moorpark, California Page2 October26, 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.
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Minutes of the Planning Commission
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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
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Minutes of the Planning Commission
Moorpark, California Page4 October 26, 2010
At the request of Chair Ramous, 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.
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Minutes of the Planning Commission
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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
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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 staffs recommendation.
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Minutes of the Planning Commission
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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.
Bruce A. Hamous, Chair
David A. Bobardt, Community Development Director
&Community Development\PLANNING COMMISSION\MINUTES\2010\10_1026_pcm_draf.doc 37
ITEM 10.B.
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
38
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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Minutes of the Planning Commission
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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.
S\Community Development\PLANNING COMMISSION\MINUTES\2010\10_1130_pern_spcl_draft Eoc 40
Minutes of the Planning Commission
Moorpark, California Page4 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.
S:\Community Development\PLANNING COMMISSIONIMINUTES\2010\10_1130_pcm_spcl_draf.doc 41
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.
Bruce Hamous, Chair
David A. Bobardt, Community Development Director
S.\Community Development\PLANNING COMMISSION\MINUTES\2010\10_1130_pern_spcl_dratl doc 47