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Resolution No. 2011-566
PLANNING COMMISSION
REGULAR MEETING AGENDA
SEPTEMBER 27, 2011
7:00 P.M.
Moorpark Community Center 799 Moorpark Avenue
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS:
5. PUBLIC COMMENT:
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
All writings and documents provided to the majority of the Commission regarding all agenda items are
available for public inspection at the City Hall public counter located at 799 Moorpark Avenue during regular
business hours. The agenda packet for all regular Commission meetings is also available on the City's
website at www.ci.moorpark.ca.us.
Any member of the public may address the Commission during the Public Comments portion of the Agenda,
unless it is a Public Hearing or a Discussion item. Speakers who wish to address the Commission
concerning a Public Hearing or Discussion item must do so during the Public Hearing or Discussion portion
of the Agenda for that item. Speaker cards must be received by the Secretary for Public Comment prior to
the beginning of the Public Comments portion of the meeting;for a Discussion item, prior to the Chair's call
for speaker cards for each Discussion agenda item; and for a Public Hearing item, prior to the opening of
each Public Hearing, or beginning of public testimony for a continued hearing. A limitation of three minutes
shall be imposed upon each Public Comment and Discussion item speaker. A limitation of three to five
minutes shall be imposed upon each Public Hearing item speaker. Written Statement Cards may be
submitted in lieu of speaking orally for open Public Hearings and Discussion items. Any questions
concerning any agenda item may be directed to the Community Development/Planning office at 517.6233.
Regular Planning Commission Meeting Agenda
September 27, 2011
Page 2
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS AND REPORTS ON
MEETINGS/CONFERENCES ATTENDED BY THE COMMISSION:
A. Future Agenda Items
CUP 2011-03 Joshua Wright (Doughmain Smoke Shop)
ii. CUP 2003-05 National Ready Mixed (Continued from August 26,
2009 to a date uncertain)
Rescinding Toll Mazur DA, GPA, ZC
iv. Housing Element Update
v. ZOA 2010-03 Emergency Shelters, etc.
8. PUBLIC HEARINGS: (next Resolution No. PC-2011-566)
A. Consider a Resolution Approving Conditional Use Permit No. 2011-04, a
Request to Allow Outdoor Sales of Recreational Vehicles on an
Approximately 2-Acre Vacant Lot, Located at 500 Los Angeles Avenue, on
the Application of Tom Lindstrom. Staff Recommendation: 1) Open the
public hearing, accept public testimony and close the public hearing; 2)
Adopt Resolution No. PC-2011- to approve Conditional Use Permit
No. 2011-04 subject to conditions of approval. (Staff: Freddy Carrillo)
9. DISCUSSION ITEMS:
A.
10. CONSENT CALENDAR:
A. Consider Approval of the Regular Meeting Minutes of Mav 24, 2011. 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,
September 27, 2011, at 7:00 p.m. in the Council Chambers of the Moorpark Community
Center, 799 Moorpark Avenue, Moorpark, California, was posted on September 23,
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 September 23, 2011.
dtd0 uc a
Jo ce . Figueroa, Administrative Assistant
ITEM: 8.A.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: David A. Bobardt, Community Development Director
Prepared by Freddy A. Carrillo, Assistant Planner I
DATE: September 8, 2011 (PC Meeting of 09/27/11)
SUBJECT: Consider Conditional Use Permit No. 2011-04, a Request to Allow
Outdoor Sales of Recreational Vehicles on an Approximately 2-Acre
Vacant Lot, Located at 500 Los Angeles Avenue,on the Application of
Tom Lindstrom
BACKGROUND
On September 2, 2011, an application was filed by Tom Lindstrom RV, Inc. for Conditional
Use Permit (CUP) No. 2011-04, to allow outdoor sales of recreational vehicles (RVs) and
installation of a pre-fabricated office for the sales of RVs on an approximately 2-acre
vacant lot at 500 Los Angeles Avenue.
This site is the former Caltrans Yard which is now owned by the City of Moorpark. The
applicant is proposing to have approximately 20 RVs displayed on the lot and also
proposing to place a pre-fabricated office on the lot in the future. Until such a structure is
installed, a for-sale recreational vehicle will be used for office purposes.
The applicant currently operates this business within a 94,000 square-foot RV indoor
storage facility with a 6,500 square-foot showroom at 5152 Commerce Avenue.
DISCUSSION
Project Setting
Existing Site Conditions:
The approximately 2-acre vacant lot is located on the south side of Los Angeles Avenue,
north of Unidos Avenue, between the Village Retail Auto Center on the east, and an
existing single-family home and office building to the west. Access to the property is from
both Los Angeles Avenue and Unidos Avenue. The flat property is surrounded by a chain
link fence and is mostly paved with asphalt. Buildings that had previously existed on the lot
have been demolished, with the concrete foundations remaining. Approximately one
quarter of the site is unpaved.
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Honorable Planning Commission
September 27, 2011
Page 2
GENERAL PLAN/ZONING
Direction General Plan Zoning Land Use
General Commercial Commercial Planned
Site (C 2) Development Vacant Lot
(CPD)
General Commercial Commercial Planned
North (C-2) Development Shopping Center
High Density Residential Residential Planned
South (H=7DU/AC) Development Residential Homes
(RPD-7U)
General Commercial Commercial Planned
East (C-2) Development Shopping Center
(CPD) _.....
General Commercial Commercial Planned Single-Family
West (C-2) De(eCI PpD)ent Dwelling/Commercial
General Plan and Zoning Consistency:
The General Plan Land Use Map and Zoning Map have designated the site for a wide
range of retail uses and services, including vehicles sales and limited office space. The
Zoning Ordinance requires Planning Commission approval of a Conditional Use Permit for
vehicle sales and limited office in the Commercial Planned Development(CPD)Zone. This
allows for consideration of the compatibility of the proposed land use with surrounding uses
in making findings on the application, and adoption of conditions of approval as deemed
necessary if the use is to be approved.
Proposed Project
The applicant is proposing to ultimately have approximately 20 RVs and a pre-fabricated
office on the lot placed on the west side of the property. The full service dealership will
buy, sell, and take in trade RVs. No repairs will be conducted at the site. Cars, or light
trucks used for trade-in purposes may be sold on the property. Terms of the lease provide
that cars and light trucks do not exceed 10% of the inventory on the site. The lot has an
existing driveway at Los Angeles Avenue. A new driveway is proposed at Unidos Avenue.
The applicant is proposing to have the RVs enter the site from Unidos Avenue and exit
onto eastbound Los Angeles Avenue. Customers would enter the site from Los Angeles
Avenue. A condition of approval is included to add signage to prohibit left turns exiting the
site at the Los Angeles Avenue and Unidos Avenue driveways. The proposed hours of
operation for the dealership are 8:00 a.m. to 6:00 p.m. Monday through Friday, 8:00 a.m. to
7:00 p.m. on Saturdays, and 10:00 a.m. to 5:00 p.m. on Sundays. The applicant is
anticipating having 2 to 3 customers per weekday and 8 to 10 customers per weekend day.
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Honorable Planning Commission
September 27, 2011
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On September 14, 2011, the City Council approved a lease to the applicant for a term of
five years and four months. The lease will expire on January 31, 2017, and there is no
option to extend the lease beyond the initial five year term. If the applicant wishes to
remain on the property after the term of the lease, a new lease would have to be
negotiated. This Conditional Use Permit is proposed to terminate concurrently with the
lease. If the use is to become permanent, additional conditions for landscaping and site
improvements will be required at that time.
As mentioned above, the applicant is proposing to place a pre-fabricated office on the lot in
the future. Any proposed buildings would be required to obtain the necessary approvals
required by the Zoning Ordinance. A Commercial Planned Development permit would be
required for any new construction of building floor area 2,500 square feet or greater, and
an Administrative Permit would be required for any new construction of less than 2,500
square feet of building floor area. The building would have to be set back at least 30 feet
from Los Angeles Avenue.
ANALYSIS
Issues
Staff analysis of the proposed project has identified the following areas for Planning
Commission consideration:
• Site Improvements
• Circulation/Customer Testing Route
• Lightinq
Site Improvements:
The asphalt paving on the property is in poor condition, with weeds growing throughout
that must be removed in order to utilize the lot. The applicant plans to repair and slurry
seal the asphalt portions of the lot, adding asphalt as needed for a driveway connection to
Unidos Avenue. Staff has added a condition of approval requiring that any slurry seal must
be to the satisfaction of the City Engineer/Public Works Director, and that customer parking
be striped to the satisfaction of the Community Development Director. A condition is
added for dirt areas on the property to be covered with gravel for better appearance and to
allow for stormwater percolation.
Based on the interim nature of the lease, a condition has been added to require a 12-foot
front landscaped area with decorative fencing behind the landscaping at the front of the
property, subject to the review and approval of the Community Development Director. This
will maintain consistency with the landscaping on the commercial site east of the property.
The existing barbed wire would need to be removed as part of the fencing plan approval.
Any permanent use of the site in the future would require additional improvements.
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Circulation/Customer Testino Route:
The applicant is proposing to have RVs enter the site from Unidos Avenue and exit the site
from Los Angeles Avenue. This is an appropriate pattern, given the nature of turning
movements of RVs. Passenger vehicles may enter from either driveway, but left turns will
be prohibited from both driveways. Unidos Avenue is improved with a half street with curb,
gutter, and sidewalk on the south side of the street and asphalt paving adjacent to the site
with no improvements. An extension of the asphalt into the site at Unidos Avenue would
be appropriate at this time. Full improvement of Unidos Avenue, including any necessary
dedication, would be addressed at the time a permanent use is considered for the site. A
condition of approval has been included for"No Left Turn" signs to be installed at the Los
Angeles Avenue and Unidos Avenue driveways, subject to the approval of the Public
Works Director/City Engineer.
The applicant has not yet proposed a customer test drive route. Staff has reviewed the
location of this proposal and its proximity to residential neighborhoods and determined that
a pre-determined test drive route should be established. A condition of approval has been
added to require the applicant to submit a test drive route, subject to review and approval
by the Community Development Director.
Lighting:
The applicant has shown potential light pole locations, although specific fixture types have
not been proposed. Any exterior lighting installed on the site must comply with the City's
lighting regulations. Downward directed, fully-shielded lighting would address glare and
spillover. A condition of approval has been added requiring that a lighting plan be
submitted, subject to the approval of the Community Development Director.
Findings
A. The proposed use is consistent with the provisions of the General Plan, zoning
ordinance, and any other applicable regulations, in that outdoor sales of recreational
vehicles is permitted in the Commercial Planned Development(CPD)Zone with the
approval of a Conditional Use Permit.
B. The proposed use is compatible with both existing and permitted land uses in the
surrounding area, in that landscaping will be installed in front of the property with a
decorative fence behind the landscape.
C. The proposed use is compatible with the scale, visual character and design of
surrounding properties, in that the lot is vacant and permanent development is not
allowed through this conditional use permit.
D. The proposed use would not be obnoxious or harmful, or impair the utility of
neighboring property or uses, in that the exterior lighting installed on the site must
comply with City's lighting regulations.
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E. The proposed use would not be detrimental to the public health, safety,
convenience, or welfare in that the outdoor sales of recreational vehicles are
compatible with the commercial planned development uses.
PROCESSING TIME LIMITS
Time limits have been established for the processing of development projects under the
Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the
Subdivision Map Act (Government Code Title 7, Division 2), and the California
Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13,
and California Code of Regulations, Title 14, Chapter 3). Under the applicable provisions
of these regulations, the following timelines have been established for action on this
project:
Date Application Determined Complete: September 16, 2011
Planning Commission Action Deadline: December 15, 2011
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 Director has reviewed this project and found it to be Categorically Exempt in
accordance with Section 15332 (Class 32-Infill Development) of the California Code of
Regulations (CEQA Guidelines). No further environmental documentation is required.
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Honorable Planning Commission
September 27, 2011
Page 6
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the public hearing.
2. Adopt Resolution No. PC-2011- to approve Conditional Use Permit No. 2011-
04 subject to conditions of approval.
ATTACHMENTS:
1. Location Map
2. Aerial Photograph
3. Site Plan
4. Draft PC Resolution with Conditions of Approval
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RESOLUTION NO. PC-2011-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. 2011-04 TO ALLOW
OUTDOOR SALES OF RECREATIONAL VEHICLES ON AN
APPROXIMATELY 2-ACRE VACANT LOT, AT 500 LOS
ANGELES AVENUE, ON THE APPLICATION OF TOM
LINDSTROM RV, INC.
WHEREAS, at a duly noticed public hearing on September 27, 2011, the
Planning Commission considered Conditional Use Permit (CUP) No. 2011-04 on the
application of Tom Lindstrom RV, Inc. to allow outdoor sales of recreational vehicles
(RV's) and a sales office on an approximately 2-acre vacant lot at 500 Los Angeles
Avenue; and
WHEREAS, at its meeting of September 27, 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 Infill Development.
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 outdoor sales of
recreational vehicles is permitted in the Commercial Planned Development
(CPD) Zone with the approval of a Conditional Use Permit.
B. The proposed use is compatible with both existing and permitted land uses in
the surrounding area, in that landscaping will be installed in front of the property
with a decorative fence behind the landscape.
C. The proposed use is compatible with the scale, visual character and design of
surrounding properties, in that the lot is vacant and permanent development is
not allowed through this conditional use permit.
PC ATTACHMENT 4
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Resolution No. PC-2011-
Page 2
D. The proposed use would not be obnoxious or harmful, or impair the utility of
neighboring property or uses, in that the exterior lighting installed on the site
must comply with City's lighting regulations.
E. The proposed use would not be detrimental to the public health, safety,
convenience, or welfare in that the outdoor sales of recreational vehicles are
compatible with the commercial planned development uses.
SECTION 2. PLANNING COMMISSION APPROVAL: The Planning
Commission hereby approves Conditional Use Permit No. 2011-04 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 27th day of September, 2011.
Kipp Landis, 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. 2011-04
STANDARD CONDITIONS OF APPROVAL
The applicant shall comply with Standard Conditions of Approval for Planned
Development Permits and Conditional Use Permits as adopted by City Council
Resolution No. 2009-2799 (Exhibits A and 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. The development must be in substantial conformance with the plans presented in
conjunction with the application for Conditional Use Permit No. 2011-04, except
any modifications as may be required to meet specific Code standards or other
conditions stipulated herein.
7. 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
8. Approval of a Zoning Clearance, accompanied by a parking and circulation plan,
is required prior to the issuance of any future building permits. All other permit
and fee requirements must be met.
9. The term of this Conditional Use Permit is through January 31, 2017 or the
termination of the lease with the City, whichever comes first. The applicant may
request a modification for an extension of the permit beyond this period subject
to additional conditions of approval appropriate for permanent use of the site.
10. Prior to the issuance of a Zoning Clearance for occupancy, a landscape plan
showing a 12-foot landscaped front setback, shall be submitted for review and
approval by the Community Development Director.
11. Prior to issuance of a Zoning Clearance for occupancy, a fencing plan shall be
submitted for review and approval by the Community Development Director.
12. Prior to issuance of a Zoning Clearance for occupancy, an exterior lighting plan
shall be submitted for review and approval by Community Development Director.
The lighting plan must demonstrate conformance of the exterior lighting with the
Moorpark Municipal Code.
13. A separate sign permit application is required for all proposed signs.
14. All customer 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.
15. Prior to occupancy, the asphalt areas of the site shall be repaired and slurry
sealed and an asphalt-paved driveway connection shall be provided to Unidos
Avenue to the satisfaction of the City Engineer/Public Works Director.
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Resolution No. PC-2011-
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16. 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.
17. Any special events require prior approval of a Temporary Use Permit.
18. Prior to issuance of a Zoning Clearance for occupancy, the applicant shall submit
a test drive route for review and approval by the Community Development
Director. The test drive route may be modified by the Community Development
Director upon written notice to the permittee.
19. Prior to issuance of a Zoning Clearance for occupancy, "No Left Turn" signs shall
be installed on Los Angeles Avenue and Unidos Avenue to the satisfaction of the
Public Works Director/City Engineer.
20. All exterior areas of the site, including landscaping and parking areas must be
maintained free of litter and debris at all times.
21. All recreational vehicles (RV's) sold at this location are subject to all local and
State sales tax with the City of Moorpark as the point of sale. Prior to issuance of
a Zoning Clearance for Occupancy, the applicant shall provide the following to
the satisfaction of the Community Development Director:
A. A copy of a valid Seller's Permit from the State Board of Equalization for
this business.
B. A letter on business letterhead signed by an authorized agent of Tom
Lindstrom RV, Inc certifying that all sales of recreational vehicles at this
location will be properly reported to the State Board of Equalization as
occurring in the City of Moorpark.
22. There shall be no maintenance of recreational vehicles, including washing, on
site.
23. Conditional Use Permit No. 2011-04 may be revoked or its use suspended by the
City, if any of the causes listed in Section 17.44.080.8 of the Zoning Code are
found to apply, including if the use for which the permit was granted has not been
exercised for at least twelve (12) consecutive months, has ceased to exist, or has
been abandoned. The discontinuance for a period of one hundred eighty (180) or
more days of a nonconforming use or a change of nonconforming use to a
conforming use constitutes abandonment and termination of the nonconforming
status of the use.
24. 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.
-end-
\MOry, serv\Depanment ShareACommuniry Cev I pmsoLUEV PMTSC U P2011 2011-04 Ton Lindstrom RV InctResolulmnsVPC Reso CUP 110927 door
14
ITEM: 10.A.
MINUTES OF THE PLANNING COMMISSION
Moorpark, California May 24, 2011
A Regular Meeting of the Planning Commission of the City of Moorpark was held on
May 24, 2011, in the Council Chambers of said City located at 799 Moorpark Avenue,
Moorpark, California.
1. CALL TO ORDER:
Chair Landis called the meeting to order at 7:04 p.m.
2. PLEDGE OF ALLEGIANCE:
Commissioner Groff led the Pledge of Allegiance.
3. ROLL CALL:
Present: Planning Commissioners Gould, Groff, Hamous, Vice Chair
Di Cecco, and Chair Landis.
Staff Present: David Bobardt, Community Development Director; Joseph
Fiss, 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:
CONSENSUS: It was the consensus of the Commission to reorder the agenda and take
Item 8.B. as the first Public Hearing item upon the request of the Community
Development Director.
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS AND REPORTS ON
MEETINGS/CONFERENCES ATTENDED BY THE COMMISSION:
(Future agenda items are tentative and are subject to rescheduling.)
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Minutes of the Planning Commission
Moorpark, California Page 2 May 24, 2011
A. Future Agenda Items
CUP 2003-05 National Ready Mixed (Continued from August 26,
2009 to a date uncertain)
ii. CUP 2010-03 Wireless Facility
Housing Element Update
iv. ZOA 2010-03 Emergency Shelters, etc.
Mr. Bobardt briefly discussed future agenda items.
8. PUBLIC HEARINGS: (next Resolution No. PC-2011-564)
AT THIS POINT in the meeting Item S.B. was heard.
B. Consider a Resolution Approving Conditional Use Permit No. 2011-02, a
Conditional Use Permit to Allow the Retail Sale of Beer, Wine, and
Distilled Spirits for Off-Site Consumption from an Existing Retail
Establishment at 800 Los Angeles Avenue on the Application of Beth
Aboulafia for Target Corporation. Staff Recommendation: 1) Open the
public hearing, accept public testimony and close the public hearing; 2)
Adopt Resolution No. PC-2011-564, approving Conditional Use Permit No.
2011-02, subject to conditions. (Staff: Joseph Fiss)
Mr. Fiss gave the staff report.
A discussion followed among Commissioners and staff regarding whether
the current exit by the garden center will remain the same as it is now or
will it be remodeled, and discussion regarding length of shelving and
location of coolers.
Chair Landis opened the public hearing.
Beth Aboulafia, Target, discussed the project and commented about
proposed conditions: 1) Condition 19: Requirement for closed-circuit
television cameras; 2) Condition 20: Alcoholic Beverage Control (ABC)
LEAD training for all employees involved in the sale of alcohol beverages;
and 3) Condition 14: Hours for sales of alcoholic beverages during the
holidays.
WTIcr_pri sery\Department Share\Community Development PLANNING COMMISSION\MINUTES\2011\11_0524ycm_draft.doc
16
Minutes of the Planning Commission
Moorpark, California Page May 24, 2011
A discussion followed among Commissioners and the applicant regarding:
1) store hours during the holidays; 2) what will happen with the current
garden center; and alcoholic purchases cannot be made at self-checkouts.
In response to Chair Landis, Mr. Bobardt stated there were no further
speakers or written statement cards for this item.
Chair Landis closed the Public Hearing.
MOTION: Commissioner Gould moved and Commissioner Groff seconded a
motion to approve staff recommendation, with changes as proposed by the
Commission, including adoption of Resolution No. PC 2011-564. The motion
carried by unanimous voice vote.
The Planning Commission has final approval authority for this project.
A. Consider Resolution Recommending Approval of General Plan
Amendment No. 2011-01, Zone Change No. 2011-01, and Termination of
Development Agreement No. 1998-05 with Southern California Edison
(SCE) on 8.79 Acres Located on the North Side of the Union Pacific
Railroad Right-of-Way, West of Gabbert Road. (Continued from April
26, 2011 Regular Meeting) Staff Recommendation: 1) Open the public
hearing, accept public testimony and close the public hearing; 2) Adopt
Resolution No. PC-2011-565 recommending to the City Council approval
of General Plan Amendment No. 2011-01, Zone Change No. 2011-01,
and Termination of Development Agreement No. 1998-05. (Staff: Joseph
Fiss)
Mr. Fiss gave the staff report.
A discussion followed among Commissioners and staff regarding: 1) Items
6-13 and 6.18 in the Development Agreement regarding the improvements
to the Gabbert and Walnut Canyon flood control channels and railroad
crossing; 2) What happens to AB properties if this goes through in terms
of their pro-rata share; 3) With the Edison high tension lines going across
this parcel there was an opportunity to develop underneath it; and 4) Was
there any discussion about selling this parcel as it is currently zoned.
Chair Landis opened the Public Hearing
In response to Chair Landis, Mr. Bobardt stated there were no speakers or
written statement cards for this item.
Chair Landis closed the Public Hearing.
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Minutes of the Planning Commission
Moorpark, California Page May 24, 2011
MOTION: Commissioner Hamous moved and Commissioner Groff seconded a
motion to approve staff recommendation, including adoption of Resolution No.
PC 2011-565. The motion carried by unanimous voice vote.
The City Council has final approval authority for this project.
9. DISCUSSION ITEMS:
None.
10. CONSENT CALENDAR:
MOTION: Vice Chair Di Cecco moved and Commissioner Gould seconded a
motion to approve the Consent Calendar. The motion carried by unanimous
voice vote.
A. Consider Approval of the Special Meeting Minutes of May 3, 2011. Staff
Recommendation: Approve the minutes.
11. ADJOURNMENT:
MOTION: Vice Chair Di Cecco moved and Commissioner Groff seconded a
motion to adjourn. The motion carried by unanimous voice vote. The time was
7:38 p.m.
Kipp Landis, Chair
David A. Bobardt, Community Development Director
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