HomeMy WebLinkAboutMIN 2012 0522 PC REG MINUTES OF THE PLANNING COMMISSION
Moorpark, California May 22, 2012
A Regular Meeting of the Planning Commission of the City of Moorpark was held on
May 22, 2012, 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 7:05 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
Hamous, Vice Chair Gould, and Chair Landis.
Staff Present: David Bobardt, Community Development Director; Joseph Fiss,
Principal Planner; Joyce Figueroa, Administrative Assistant; and
Kathy Priestley, Administrative Secretary.
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 9.A. as the first item of business, before the Public Hearing items, 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.)
Minutes of the Planning Commission
Moorpark, California Page 2 May 22, 2012
A. Future Agenda Items
i. CUP 2003-05 National Ready Mixed (Continued from August 26,
2009 to a date uncertain.)
ii. Rescinding Toll Mazur DA, GPA, ZC
iii. ZOA Emergency Shelters and RLUIPA etc.
iv. ZOA Reasonable Accommodation Ordinance
v. ZOA Farm Worker Housing Ordinance
vi. CUP 2012-03 Moorpark RV and Storage
vii. CUP 2012-04 Simi Motorsports LLC
viii. Film Ordinance
Mr. Bobardt briefly discussed future agenda items.
AT THIS POINT in the meeting Item 9.A. was heard.
9. DISCUSSION ITEMS:
A. Consider Draft Seven-Year Capital Improvement Program for the
Department of Public Works for FY 2011/12 — FY 2017/18 1) Find the draft
Seven Year Capital Improvement Program for the Department of Public
Works for FY 2011/12 — FY 2017/18 to be in conformity with the Moorpark
General Plan, except as noted above; 2) Find the planned acquisition of
street right-of-way for certain specified projects described in this report, to
be in conformity with the Moorpark General Plan. (Staff: Dave Klotzle)
Mr. Klotzle gave the staff report.
A discussion followed among Commissioners and staff regarding the
difference between an asphalt overlay and slurry seal and whether any of
the projects would be affected by funding from the Redevelopment
Agency.
In response to Chair Landis, Mr. Bobardt stated there were no speakers or
written statement cards for this item.
Minutes of the Planning Commission
Moorpark, California Page 3 May 22, 2012
MOTION: Commissioner Di Cecco moved and Vice Chair Gould seconded a
motion to approve staff recommendation. The motion carried by unanimous
voice vote.
8. PUBLIC HEARINGS: (next Resolution No. PC-2011-569)
A. Consider Conditional Use Permit No. 2012-01, a Request to Allow the
Relocation of an Existing Retail Store Selling Premium Wine, Liquor,
Cigars, and Related Accessories from 525 Los Angeles Avenue, Suite E,
to 559 Los Angeles Avenue within the LA Spring Shopping Center, on the
Application of Johny Hanna (The Wine Castle). Staff Recommendation: 1)
Open the public hearing, accept public testimony and close the public
hearing; 2) Adopt Resolution No. PC-2012-569 conditional approval
Conditional Use Permit No. 2012-01. (Staff: Joseph Fiss)
Mr. Bobardt briefly discussed the findings on page 5 of the staff report and
the findings for a Conditional Use Permit are what the Commission should
base their decision on.
Mr. Fiss gave the staff report.
Mr. Bobardt stated that he spoke with Police Chief Nelson and while no
issues with respect to policing the area and loitering, they have done a
number of decoy operations to check for sales of alcohol beverages to
underage persons and there has only been one incident in 2009 where
alcohol was sold to a minor. They did not see it as an issue requiring
increased police services.
Police Chief Nelson discussed the decoys which are done on a random
basis with other agencies. Over the course of the last three years they
went to the Wine Castle on four occasions; twice in 2009, once in 2010,
and once in 2012. On August 7, 2009 a minor did purchase alcohol and
the clerk was cited and they received notification from Alcohol Beverage
Control (ABC).
A discussion followed among Commissioners, Police Chief Nelson and
staff regarding: 1) how the findings compare to other liquor stores in the
area and if they are consistent with other liquor stores; 2) staff
recommendation that this item is not a transfer of the Conditional Use
Permit, but whether or not Wine Castle should be allowed to relocate to
the new location they're requesting to relocate to; 3) the Conditional Use
Permit for the existing center runs with the land and it would remain so
and the shopping center owner could lease space to another liquor store
and the applicant would have to follow the existing conditions of approval;
4) Wine Castle will be able to sell cold beer at the new location; 5) linear
Minutes of the Planning Commission
Moorpark, California Page 4 May 22, 2012
footage of refrigerated beer aisles; 5) if application is approved and we
receive an application for another liquor store to go into the current
location, does the applicant have to apply for an Administrative Permit;
and 6) can Wine Castle or any holder of this Conditional Use Permit
revoke their own Conditional Use Permit.
Chair Landis opened the Public Hearing.
Johnny Hanna, JM Wine and Liquor, applicant, discussed the project and
stated he was available to answer any questions regarding the project.
Randall Barondess, Troop Business Service & Real Estate, spoke in favor
of the project and stated that the new location will allow better visibility, will
be more successful and the vacancy rate of the center will be full and
prosperous.
Peter Whittingham, speaking on behalf of the ownership of Baldwin Park
Plaza, LLC owners of LA Spring Shopping Center, spoke in opposition of
the project. Mr. Whittingham provided copies of letters from 6 business
owners of the shopping center, a copy of a letter from an applicant that
has signed a lease to open a new market liquor store at Suite D of the
shopping center, and a petition containing 35 signatures in opposition of
the Conditional Use Permit.
A discussion followed among the Commissioners and Mr. Whittingham
regarding the similarities of the letters that were submitted.
Ed Jefferson, MD, Owner of 559 Los Angeles Avenue spoke in favor of
the project and stated that the new location will foster a better business
environment for the tenant and will be beneficial to the community.
Bill Diel, Moorpark Resident, spoke in favor of the project.
Carol Pucik, Moorpark Resident, spoke in favor of the project.
In response to Chair Landis, Mr. Bobardt stated there were eleven written
comments; three in favor of the project and eight in opposition of this item
were received and provided to the Commission.
Chair Landis closed the public hearing.
A discussion followed among the Commissioners regarding better visibility
to the location and access to the back of the building is much more
exposed and less opportunity for loitering and they support the Conditional
Use Permit based on findings.
Minutes of the Planning Commission
Moorpark, California Page 5 May 22, 2012
MOTION: Vice Chair Gould moved and Commissioner Di Cecco seconded a
motion to approve staff recommendation, including adoption of Resolution No.
PC 2012-569. The motion carried by unanimous voice vote.
The Planning Commission has final approval authority for this project.
B. Consider Resolution Approving Conditional Use Permit No. 2012-02, a
Request to Allow a Retail Tobacco and Accessories Store, Located at 252
Los Angeles Avenue Unit I within the Moorpark Grove Shopping Center,
on the Application of Anthony Fiumerodo (For Your Pleasure, Inc.). Staff
Recommendation: 1) Open the public hearing, accept public testimony
and close the public hearing; 2) Adopt Resolution No. PC-2012-570,
conditionally approving Conditional Use Permit No. 2012-02. (Staff:
Joseph Fiss)
Mr. Fiss gave the staff report.
A discussion followed among Commissioners and staff regarding: 1) if the
conditions are consistent with Doughmain and Tobacco Zone stores; 2)
clarification about Chapter 8.32; City Ordinance regarding prohibiting
smoking in public places and on the premises; 3) will this be the only roll
your own tobacco store in Moorpark; 4) the requirement for a retail license
and excise tax license on loose-leaf tobacco; and 5) the owner being
prohibited from operating the machines which are for the use of the
purchaser.
Chair Landis opened the public hearing.
Anthony Fiumerodo, applicant, For Your Pleasure, discussed the project
and stated he was excited about the business and available to answer any
questions.
A discussion followed among the Commissioners and Mr. Fiumerodo
regarding: 1) the layout of the business; 2) can purchaser buy a pack of
cigarettes; 3) how long it takes to roll a carton of cigarettes; and 4) if this a
cost savings.
In response to Chair Landis, Mr. Bobardt stated there was one written
comment in opposition of this item due to competition.
Chair Landis closed the public hearing.
A discussion followed among the Commissioners regarding this item is a
legal use and they support the Conditional Use Permit.
Minutes of the Planning Commission
Moorpark, California Page 6 May 22, 2012
MOTION: Vice Chair Gould moved and Commissioner Hamous seconded a
motion to approve staff recommendation with conditions as noted, including
adoption of Resolution No. PC 2012-570. The motion carried by unanimous voice
vote.
The Planning Commission has final approval authority for this project.
C. Consider Resolution Approving Modification No. 1 to Conditional Use
Permit 2010-02, a Modification to Allow an Expansion of the Existing
Sanctuary and to Add Two New Classrooms and a Corridor Within the
Existing Floor Area of the Building Located at 379/383 Science Drive on
the Application of Gordon Duncan for Cornerstone Community Church.
Staff Recommendation: 1) Open the public hearing, accept public
testimony and close the public hearing; 2) Adopt Resolution No. PC-2012-
571 approving Modification No. 1 to Conditional Use Permit 2010-02.
(Staff: Joseph Fiss)
Mr. Fiss gave the staff report.
A discussion followed among Commissioners and staff regarding: 1) the
parking agreement regarding week-ends and holidays with prior approval
by the owner; and 2) pedestrian and vehicular access between the two
properties.
At this point in the meeting Commissioner Hamous disclosed that he
represented the owner of the building when the church went into the
current location and it had nothing to do with the expansion of the building.
Chair Landis opened the public hearing.
Todd Tucker, Executive Pastor, Cornerstone Community Church,
discussed the project and stated he was excited to be a part of the
community and available to answer any questions.
A discussion followed among the Commissioners and Mr. Tucker
regarding: 1) pedestrian and vehicle traffic; and 2) how many services and
congregants does the church have per service.
In response to Chair Landis, Mr. Bobardt stated there were no additional
speaker cards or written comments.
Chair Landis closed the public hearing.
Minutes of the Planning Commission
Moorpark, California Page 7 May 22, 2012
MOTION: Commissioner Hamous moved and Commissioner Groff seconded a
motion to approve staff recommendation, including adoption of Resolution No.
PC 2012-571. The motion carried by unanimous voice vote.
The Planning Commission has final approval authority for this project.
D. Consider Resolution Recommending to the City Council Approval of
Zoning Ordinance Amendment No. 2012-01: an Amendment to Section
17.44.030 (Zoning Clearance) and Subsection C (Planned Development
(PD) Permit) of Section 17.44.040 (Discretionary Permits and Exceptions)
of Chapter 17.44 (Application Review Procedures) of the Zoning
Ordinance Related to Changes in Color on Existing Buildings. Staff
Recommendation: 1) Open the public hearing, accept public testimony
and close the public hearing; 2) Adopt Resolution No. PC-2012-572
recommending to the City Council approval of Zoning Ordinance
Amendment No. 2012-01. (Staff: David Bobardt)
Mr. Bobardt gave the staff report.
A discussion followed among Commissioners and staff regarding CC
Resolution 2009-2799.
In response to Chair Landis, Mr. Bobardt stated there were no additional
speaker cards or written comments.
Chair Landis opened the public hearing.
Chair Landis closed the public hearing.
A discussion followed among the Commission and staff regarding whether
we wanted to note Resolution 2009-2799 at the end of paragraph C; that
we are making the ordinance consistent with our resolution.
MOTION: Vice Chair Gould moved and Commissioner Di Cecco seconded a
motion to approve staff recommendation, including adoption of Resolution No.
PC 2012-572. The motion carried by unanimous voice vote.
The City Council has final approval authority for this project.
10. CONSENT CALENDAR:
MOTION: Commissioner Di Cecco moved and Commissioner Groff seconded a
motion to approve the Consent Calendar as amended. The motion carried by
unanimous voice vote.
Minutes of the Planning Commission
Moorpark, California Page 8 May 22, 2012
A. Consider Approval of the Regular Meeting Minutes of March 27, 2012.
Staff Recommendation: Approve the minutes.
11. ADJOURNMENT:
MOTION: Commissioner Groff moved and Commissioner Hamous seconded a
motion to adjourn. The motion carried by unanimous voice vote. The time was
8:49 p.m.
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Kipp Lan.is, Chair
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David A. Bobardt, Community Development Director