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HomeMy WebLinkAboutMIN 2011 1025 PC REG MINUTES OF THE PLANNING COMMISSION Moorpark, California October 25, 2011 A Regular Meeting of the Planning Commission of the City of Moorpark was held on October 25, 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 7:01 p.m. 2. PLEDGE OF ALLEGIANCE: Joseph Fiss, Principal Planner, led the Pledge of Allegiance. 3. ROLL CALL: Present: Planning Commissioners Gould, Groff, Hamous, and Chair Landis. Absent: Vice Chair Di Cecco Staff Present: David Bobardt, Community Development Director; Joseph Fiss, Principal Planner; and Joyce Figueroa, Administrative Assistant. 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: Mr. Bobardt recognized Joseph Fiss, Principal Planner, on 10 years of service with the City of Moorpark. The Commission thanked Mr. Fiss for his years of service. 5. PUBLIC COMMENT: None. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. Minutes of the Planning Commission Moorpark, California Page 2 October 25, 2011 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 CUP 2003-05 National Ready Mixed (Continued from August 26, 2009 to a date uncertain) ii. Rescinding Toll Mazur DA, GPA, ZC iii. Housing Element Update iv. ZOA 2010-03 Emergency Shelters, etc. Mr. Bobardt briefly discussed future agenda items. 8. PUBLIC HEARINGS: (next Resolution No. PC-2011-567) A. Consider a Resolution Approving Conditional Use Permit No. 2011-03,t o. 2011 03 a 9 , Request to Allow the Relocation of an Existing Retail Tobacco and Accessory Store from Unit #D-1A to Unit #D-5A within the Campus Plaza Shopping Center at 6593 Collins Drive, on the Application of Joshua Wright (Doughmain). Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; 2) Adopt Resolution No. PC-2011-567, conditionally approving Conditional Use Permit No. 2011-03. (Staff: Joseph Fiss) Mr. Fiss gave the staff report. A discussion followed among Commissioners and staff regarding if there is any way something can be done in this approval that would say that in the future if the applicant relocates in the same shopping center, a new Conditional Use Process would not be required again and it could be approved administratively. Staff recommended not changing the current process and the Commissioners concurred. Chair Landis opened the public hearing. Joshua Wright, Doughmain, stated he was available to answer any questions regarding the project. Mike Johnston, Resident, spoke in opposition of the project and his concerns about the business being relocated between two family restaurants. Minutes of the Planning Commission Moorpark, California Page 3 October 25, 2011 Eric Hernandez, representing the property owner, Moorpark Campus Plaza, LLC, discussed concerns regarding the application processing fee. Chair Landis corrected Mr. Hernandez's speaker card to reflect that he is in favor of the project. Chair Landis asked the applicant if he would like to respond to any comments that were made. Mr. Wright declined to respond to comments. In response to Chair Landis, Mr. Bobardt stated for the record that staff does share the concerns that Mr. Johnston raised in the original permit regarding Condition Number 14; No person under the age of eighteen (18) is allowed to enter and remain within the facility at any time. Signage must be posted on the door indicating this prohibition; and Condition Number 20; No exterior advertising of any kind or type is allowed promoting or indicating the availability of tobacco or tobacco accessories. A discussion followed among Commissioners and staff whether there have been any complaints from the public while the Conditional Use Permit has been in place, and if all the products sold in the store legal. At the request of Chair Landis, Mr. Wright stepped forward to the lectern and clarified the intended use for sales of glassware items and stated that all the products are sold for legal purposes; what people choose to use a specific item for is at their own discretion. Chair Landis closed the Public Hearing. A discussion followed among Commissioners regarding that the use is already allowed in the shopping center and believe that moving this particular use three spaces down is not going to have a detrimental effect, the products the applicant sells are legal, there have been no complaints by the public and support granting of the Conditional Use Permit. 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 2011-567. The motion carried by voice vote 4:0; Vice Chair Di Cecco absent. The Planning Commission has final approval authority for this project. 9. DISCUSSION ITEMS: None. Minutes of the Planning Commission Moorpark, California Page 4 October 25, 2011 10. CONSENT CALENDAR: MOTION: Commissioner Groff moved and Commissioner Gould seconded a motion to approve the Consent Calendar. The motion carried by voice vote 4:0; Vice Chair Di Cecco absent. A. Consider Approval of the Regular Meeting Minutes of September 27, 2011. Staff Recommendation: Approve the minutes. 11. ADJOURNMENT: MOTION: Commissioner Gould moved and Commissioner Groff seconded a motion to adjourn. The motion carried by voice vote 4:0; Vice Chair Di Cecco absent. The time was 7:25 p.m. Kipp L. dig, Chaim - / 60/1/ /ti David . Bobardt, Community Development Director