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HomeMy WebLinkAboutAG RPTS 2014 0225 PC REG rE CA 4, 00:0410r1"ige° 4.0".1411,,1115, draapie ar: /0 .■ .■ Resolution No. 2014-594 PLANNING COMMISSION REGULAR MEETING AGENDA FEBRUARY 25, 2014 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: 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON MEETINGS/CONFERENCES ATTENDED BY THE COMMISSION: 8. PUBLIC HEARINGS: (next Resolution No. PC-2014-594) A. Consider Resolution Approving Conditional Use Permit No. 2013-04 to Re-Permit The Use of a Wireless Telecommunication Facility on an Existing Legal Non- Conforming 60-Foot Tall Monopole with Existing Above Ground Mechanical Equipment Storage at the Ventura County Waterworks District No. 1, Moorpark College Water Reservoir No. 2 Property, at 15698 Campus Park Drive, and Making Determination of Exemption under CEQA in Connection Therewith, on the Application of Sean Scully for T-Mobile West Tower, LLC. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; 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.moorparkca.gov. 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 February 25, 2014 Page 2 and 2) Adopt Resolution No. PC-2014- conditionally approving Conditional Use Permit No. 2013-04. (Staff: Freddy Carrillo) B. Consider a Resolution Approving Conditional Use Permit No. 2014-01, a Request to Allow an Automobile Repair, Restoration, and Painting Shop (Auto Body Shop) in a 4,602 Square Foot Space in an Existing 18,372 Square Foot Industrial Building Located at 5260 Bonsai Street Unit A, and Making a Determination of Exemption under CEQA in Connection Therewith, on the Application of Backallev Restorations. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC-2014- for conditional approval of Conditional Use Permit No. 2014-01; and making a determination of exemption under CEQA in connection therewith. (Staff: Joseph Fiss) C. Consider a Resolution Approving Conditional Use Permit 2014-02, a Request for Relocation and Expansion of an Existing Micro-Brewery Business into a 7,000 Square Foot Space Within an Existing Light Industrial Building at 444 Zachary Street, Units 16-20, and Making a Determination of Exemption under CEQA in Connection Therewith, on the Application of Enegren Brewing (Chris Enegren). Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC-2014- for conditional approval of Conditional Use Permit No. 2014-02; and making a determination of exemption under CEQA in connection therewith. (Staff: Joseph Fiss) 9. DISCUSSION ITEMS: 10. CONSENT CALENDAR: A. Consider Approval of the Regular Meeting Minutes of January 28, 2014. 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, Tracy J. Oehler, declare as follows: That I am the Deputy City Clerk of the City of Moorpark and that an agenda of the Regular Meeting of the Moorpark Planning Commission to be held on Tuesday, February 25, 2014, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on February 20, 2014, 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 February 20, 2014. CM _ Tracy J. Oehler, Deputy City Clerk ITEM: 8.A. MOORPARK,CAUFORNIA Planning Commission of 2 ZS. 20iy- ACTION:APP(2OV ED cr RE.CoMIsA -i> ll an.1. 4DOP 6 EES..kln. PG- 20(4-$414 AS AMENDED BY: -r. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: David A. Bobardt, Community Development Director' Prepared by Freddy A. Carrillo, Assistant Planner I Air, DATE: February 6, 2014 (PC Meeting of 0212512014) SUBJECT: Consider Resolution Approving Conditional Use Permit No. 2013-04 to Re-Permit the Use of a Wireless Telecommunication Facility on an Existing Legal Non-Conforming 60-Foot Tall Monopole with Existing Above Ground Mechanical Equipment Storage at the Ventura County Waterworks District No. 1, Moorpark College Water Reservoir No. 2 Property at 15698 Campus Park Drive, and Making Determination of Exemption under CEQA in Connection Therewith, on the Application of Sean Scully for T-Mobile West Tower, LLC BACKGROUND On November 14, 2013, an application for a Conditional Use Permit (CUP) No. 2013-04 was filed by Sean Scully for T-Mobile.West Tower, LLC. The applicant is requesting a CUP to re-permit the use of a wireless telecommunication facility on an existing legal non-conforming 60-foot tall monopole with existing above ground mechanical equipment storage, located at the Ventura County Waterworks District No.1, Moorpark College Water Reservoir No. 2 at 15698 Campus Park Drive. DISCUSSION Project Setting Existing Site Conditions: The project site is located on top of a hill at the Ventura County Waterworks District No. 1. Moorpark College Water Reservoir No. 2. There exist two large water tanks approximately 26 feet 6 inches in height from adjacent grade on the site. In addition, there are two monopoles, (including the monopole in question); the first is approximately 62 feet 5 inches tall and the other is approximately 60 feet tall. There are also several other antennas on-site ranging from approximately 11 feet to 17 feet 6 inches in height above grade. 1 Honorable Planning Commission February 25, 2014 Page 2 Moorpark College is located to the northwest, approximately 1,200 feet away from the site, and the closest single-family homes are adjacent to College View Park, to the west of the site, approximately 1,541 feet away. The site is located approximately 900 feet north of State Route 118. Previous Applications: On April 14, 1997, Conditional Use Permit No. 96-1 was approved by the Planning Commission for the construction of a 60-foot tall monopole with above ground mechanical equipment. At the time the height limit for an antenna structure was 75 feet. The CUP was approved for a period of 5 years, expiring April 14, 2002. The CUP included a provision that, at the end of the 5 year period, the Community Development Director could grant a continuance of the use for an additional 5 year period, providing full compliance with all conditions had been accomplished.. The Director could grant the one 5 year extension through a permit adjustment process. Additional 5 year extensions could be granted by the Director through a Minor Modification process for a period not to exceed 20 years from the initial approval date. However, City records do not show that an extension or modification was ever requested by the applicant after the initial 5 years of period. This is discussed in the analysis section below. GENERAL PLAN/ZONING Direction General Plan Zoning Land Use OS-2 OS Water Tanks and Wireless Site (Open SpaceL Space Open SpaceL Space Communications Facilities 0S-2 OS North Grazing Land Open Space) _(Open Spaced.._...._....__;..___.... South OS-2 OS Grazing Land and State - _._._.._-.-..._............... (Open Space)._-__._........__...._._..lien Spaced_..._...._.._..._.__._....... — —Route 118 East 0S-2 OS Grazing Land __.__... .._..._. _._. _.._...._(Open Space)____-_....._..._......._._._(Open Space_......_........._._.__.._.._._..---....----...... OS OS-2 (Open Space) (Open Space) RE-1 ac Grazing Land, Moorpark West M (Rural Exclusive 1-acre) College, and Single-family Medium Density) RPD-15u Residential (Residential Planned S (Schools) Development- 15 units per acre) General Plan and Zoning Consistency: The applicant's proposal for a wireless communication facility monopole structure meets the definition of a "Major Facility" in the Wireless Communications Facilities chapter of the Zoning Ordinance and requires a Conditional Use Permit in the Open Space (OS) zone. Newly constructed facilities of this type are required to be compatible with surrounding land uses and must comply with all other provisions of Sections 2 Honorable Planning Commission February 25, 2014 Page 3 17.42.070.B, 17.42.070.C, and 17.42.070.D of the Municipal Code. The legal non- conforming tower was consistent with the open space designation of the City's General Plan when built. • Proposed Project Monopole /Antennas: The proposed wireless communication facility is for the maintained existence of three panel antennas on a legal non-conforming structure. The facility transmits signals between the panel antennas and wireless telephones and computers within the coverage area in the residential communities in the northern part of the City and Moorpark College. The panel antennas measure 60 inches in height, and approximately 12 inches in width, and are proposed to have a maximum height of 55 feet above adjacent grade. In the Open Space Zone, there is a maximum allowable height of 35 feet; however, the monopole structure is existing at the non-conforming 60 foot height. Equipment Enclosure: The applicant leases an area that is 20 feet wide by 20 feet long to accommodate the above ground mechanical equipment storage and monopole. The equipment will operate on a 24-hour, 7-day a week remote sensing basis. Compatibility with the Surrounding Area: No materials used in construction of the site would create substantial glare that would affect either daytime or nighttime views in the area. The proposed use is located in an area that is not likely to impact any of the adjacent uses, due to its size. Additionally, staff has added a Condition of Approval that the the equipment shall be painted a non- reflective color. The proposed cellular facility is considered a passive use, which would not produce noise, not violate any air quality standards, affect biological resources, or cause an adverse effect on cultural resources. It will require no transport of hazardous materials to or from the site. Although the proposed use is designed to primarily serve the surrounding existing residential developments and Moorpark College, it would not induce substantial population growth, nor displace existing housing or have a negative impact on public services. Therefore, the proposed cellular antenna facility operation will not disturb the surrounding area or be harmful or detrimental to neighboring properties or uses. ANALYSIS Issues Staff analysis of the proposed project has identified the legal non-conforming structure and use as an issue for Planning Commission consideration in their decision: 3 Honorable Planning Commission February 25, 2014 Page 4 Under the current code, no major facility shall exceed the maximum building height for the applicable zoning district in which the facility is proposed to be located, unless the Planning Commission determines that it has been designed as a disguised or stealth facility. In the Open Space Zone, the maximum building there is a maximum allowable height of 35 feet. Since the structure was legally permitted and built, and no conditions exist for its removal, the only issue for the Planning Commission's consideration is its ongoing use as a telecommunications facility. No new conditions of approval are proposed related to the timing of the Conditional Use Permit. However, a condition of approval has been added that, in the event that this antenna array is abandoned, the applicant shall remove the facility within 90 days at the request of the Community Development Director. The property owner would be responsible for removing the facility if the applicant fails to remove it. Findings Conditional Use Permit Findings: A. The proposed use is consistent with the provisions of the General Plan, zoning ordinance, and any other applicable regulations, in that the proposed use, height, setbacks and improvements are consistent with City Code requirements in effect at the time of construction. B. The proposed use is compatible with both existing and permitted land uses in the surrounding area, in that the site is currently used by Ventura County Waterworks and other cellular providers. The proposed monopole wireless communications facility has been determined to be an appropriate location for wireless communications facilities by the city. C. The proposed use is compatible with the scale, visual character and design of surrounding properties, in that it is designed so as not to detract from the physical and visual quality of the area. D. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or uses, in that the proposed use; therefore, the visual impact of the facility is minimized and would not present any impacts on adjoining uses. E. The proposed use would not be detrimental to the public health, safety, convenience, or welfare, in that the project has been conditioned to protect the public's health and safety. Wireless Facilities Findings: A. The proposed facility will not create any significant blockage to public views, in that the wireless communication facility monopole will be placed away from residential properties. 4 Honorable Planning Commission February 25, 2014 Page 5 B. The proposed facility will be an enhancement to the City due to its ability to provide additional communication capabilities in the northern part of the City. C. The proposed facility will be aesthetically integrated into its surrounding land uses and natural environment, in that it will be painted a color that will be compatible with the colors of the existing wireless communication facility monopoles. D. The proposed facility will comply with FCC regulations regarding interference with the reception or transmission of other wireless service signals within the City and surrounding community. E. The proposed facility will operate in compliance with all other applicable Federal regulations for such facilities, including safety regulations, in that T-Mobile West Tower, LLC operates its wireless network in compliance with its FCC license and FCC rules and regulations concerning frequency emissions and/or radio frequency interference. The transmission densities emanating from the facility will not exceed current American National Standards Institute (ANSI) recommended maximum exposure levels for wireless transmission frequencies which do not have the potential to significantly impact the community. In all cases, Effective Radiated Power (ERP), and its associated electromagnetic (EM) radiation power densities are a small fraction of the maximum permissible exposure set by ANSI, or the more restrictive exposure standard put forth by the National Commission on Radiation Protection and Measurement (NCRP). F. The public need for the use of the monopole facility has been documented consistent with California law, in that the proposed cell site will provide a substantial increase in the coverage area (an increase from weak coverage to good coverage in the target area). G. The applicant will provide at its own expense a field survey or other method consistent with Federal law to provide written verification that the facility is in compliance with applicable Federal regulations regarding electromagnetic frequency emissions. This radio-frequency (RF) report shall also include signal strength exhibits, including calculations and measurements under maximum loading conditions. Such field survey shall be provided to the City upon request, not to exceed one such request in any 24-month period. 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: 5 Honorable Planning Commission February 25, 2014 Page 6 Date Application Determined Complete: December 13, 2013 Planning Commission Action Deadline: February 11, 2014 Upon agreement by the City and Applicant, one 90-day extension can be granted to the date action must be taken on the application. The applicant has agreed to an extension, to May 12, 2014. 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 that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under the Class 1 exemption under State CEQA Guidelines Section 15301 (existing facilities) because CUP No. 2013-04 allows the construction of a new wireless communication facility monopole structure and above ground mechanical equipment storage, which is compatible with surrounding land uses, and the use is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. In addition, there is no substantial evidence that the project will have a significant effect on the environment. STAFF RECOMMENDATION 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC-2014- conditionally approving Conditional Use Permit No. 2013-04. 6 Honorable Planning Commission February 25, 2014 Page 7 ATTACHMENTS: 1. Location Map 2. Aerial Map 3. Project Exhibits A. Title Sheet B. Site Plan C. Equipment and Antenna Layout Plan D. Elevations 1 E. Elevations 2 4. Photographs with Photo-Key 5. Draft PC Resolution with Conditions of Approval 7 1 r c5 Z U N •s_ L / .. r u) 4 . ai a_ 0 CO c �CD_ to > ' - Q U o c T �j- V! 0 N 1 f d 4 1111111111 Q. $;, \ Lc) , CD ,.. N 03 q_.---'!„ — in., ° s =Ec)_ ,c> it, iipg Y ti Jam! O I` z t4 PC ATTACHMENT 1 8 1 ', } 0 '`° z U I O -i 1 \ , , L u) 0 0 U) CO El. O } > a• k= Q pre v a. 00 C do v R ;' O r. ' AN,(4- 0 CD rn 1 }-_,..': eG r Iron+-- "A i=�. t+` r x „ t { Q PC ATTACHMENT 2 9 PC ATTACHMENT 3 PROJECT EXHIBITS A. Title Sheet B. Site Plan C. Equipment and Antenna Layout Plan D. Elevations 1 E. Elevations 2 (UNDER SEPARATE COVER) COPIES OF THE EXHIBIT ARE AVAILABLE AT THE FRONT COUNTER 10 PC ATTACHMENT 4 PHOTOGRAPHS WITH PHOTO-KEY (UNDER SEPARATE COVER) COPIES OF THE EXHIBIT ARE AVAILABLE AT THE FRONT COUNTER 11 RESOLUTION NO. PC-2014- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2013-04 TO RE-PERMIT THE USE OF A WIRELESS TELECOMMUNICATION FACILITY ON AN EXISTING LEGAL NON-CONFORMING 60-FOOT TALL MONOPOLE WITH EXISTING ABOVE GROUND MECHANICAL EQUIPMENT STORAGE AT THE VENTURA COUNTY WATERWORKS DISTRICT NO.1, MOORPARK COLLEGE WATER RESERVOIR NO. 2, AT 15698 CAMPUS PARK DRIVE, AND MAKING DETERMINATION OF EXEMPTION UNDER CEQA IN CONNECTION THEREWITH, ON THE APPLICATION OF SEAN SCULLY (T-MOBILE WEST TOWER, LLC) WHEREAS, at a duly noticed public hearing on February 25, 2014, the Planning Commission considered Conditional Use Permit (CUP) No. 2013-04 on the application of Sean Scully to re-permit the use of a wireless telecommunication facility on an existing 60-foot monopole structure with existing above ground mechanical equipment storage, at the Ventura County Waterworks District No. 1, Moorpark College Water Reservoir No. 2, at 15698 Campus Park Drive; and WHEREAS; at its meeting of February 25, 2014, 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 Community Development Director has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under the Class 1 exemption under State CEQA Guidelines Section 15301 (existing facilities) because CUP No. 2013-04 allows the continued use of an existing wireless communication facility monopole structure and above ground mechanical equipment storage, which is compatible with surrounding land uses. In addition, there is no substantial evidence that the project will have a significant effect on the environment. . NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTION: The Planning Commission concurs with the Community Development Director's determination that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under the Class 1 exemption under State CEQA Guidelines Section 15301 (existing facilities) PC ATTACHMENT 5 12 Resolution No. PC-2014- Page 2 because CUP No. 2013-04 allows the continued use of an existing wireless communication facility monopole structure and above ground mechanical equipment storage, which is compatible with surrounding land uses. In addition, there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission has reviewed the Community Development Department's determination of exemption, and based on its own independent judgment, concurs in staff's determination of exemption. SECTION 2. 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 the proposed use, height, setbacks and improvements are consistent with City Code requirements in effect at the time of construction. B. The proposed use is compatible with both existing and permitted land uses in the surrounding area, in that the site is currently used by Ventura County Waterworks and other cellular providers. The proposed monopole wireless communications facility has been determined to be an appropriate location for wireless communications facilities by the city. C. The proposed use is compatible with the scale, visual character and design of surrounding properties, in that it is designed so as not to detract from the physical and visual quality of the area. D. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or uses, in that the proposed use; therefore, the visual impact of the facility is minimized and would not present any impacts on adjoining uses. E. The proposed use would not be detrimental to the public health, safety, convenience, or welfare, in that the project has been conditioned to protect the public's health and safety. SECTION 3. WIRELESS FACILITIES FINDINGS: A. The proposed facility will not create any significant blockage to public views, in that the wireless communication facility monopole will be placed away from residential properties. B. The proposed facility will be an enhancement to the City due to its ability to provide additional communication capabilities in the northern part of the City. 13 Resolution No. PC-2014- Page 3 C. The proposed facility will be aesthetically integrated into its surrounding land uses and natural environment, in that it will be painted a color that will be compatible with the colors of the existing wireless communication facility monopoles. D. The proposed facility will comply with FCC regulations regarding interference with the reception or transmission of other wireless service signals within the City and surrounding community. E. The proposed facility will operate in compliance with all other applicable Federal regulations for such facilities, including safety regulations, in that T-Mobile West Tower, LLC operates its wireless network in compliance with its FCC license and FCC rules and regulations concerning frequency emissions and/or radio frequency interference. The transmission densities emanating from the facility will not exceed current American National Standards Institute (ANSI) recommended maximum exposure levels for wireless transmission frequencies which do not have the potential to significantly impact the community. In all cases, Effective Radiated Power (ERP), and its associated electromagnetic (EM) radiation power densities are a small fraction of the maximum permissible exposure set by ANSI, or the more restrictive exposure standard put forth by the National Commission on Radiation Protection and Measurement (NCRP). F. The public need for the use of the monopole facility has been documented consistent with California law, in that the proposed cell site will provide a substantial increase in the coverage area (an increase from weak coverage to good coverage in the target area). G. The applicant will provide at its own expense a field survey or other method consistent with Federal law to provide written verification that the facility is in compliance with applicable Federal regulations regarding electromagnetic frequency emissions. This radio-frequency (RF) report shall also include signal strength exhibits, including calculations and measurements under maximum loading conditions. Such field survey shall be provided to the City upon request, not to exceed one such request in any 24-month period. SECTION 4. PLANNING COMMISSION APPROVAL: the Planning Commission herby approves Conditional Use Permit No. 2013-04 subject to the Standard and Special Conditions of Approval found in Exhibit A attached. 14 Resolution No. PC-2014- Page 4 SECTION 5. 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 of February, 2014. Diana S. Gould, Chair David A. Bobardt Community Development Director Exhibit A— Standard and Special Conditions of Approval 15 Resolution No. PC-2014- Page 5 EXHIBIT A STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT (CUP) No. 2013-04 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. This Conditional Use Permit is granted or approved with the City's designated approving body retaining and reserving the right and jurisdiction to review and to modify the permit—including the conditions of approval—based on changed circumstances. Changed circumstances include, but are not limited to, major modification of the business; a change in scope, emphasis, size, or nature of the business; the expansion, alteration, reconfiguration, or change of use; or the fact that the use is negatively impacting surrounding uses by virtue of impacts not identified at the time of application for the conditional use permit or impacts that are much greater than anticipated or disclosed at the time of application for the conditional use permit. The reservation of right to review any permit granted or approved under this chapter by the City's designated approving body is in addition to, and not in lieu of, the right of the City, its Planning Commission, City Council and designated approving body to review and revoke or modify any permit granted or approved under this chapter for any violations of the conditions imposed on such permit. 2. The development must be in substantial conformance with the plans presented in conjunction with the application for Conditional Use Permit No. 2013-04, except any modifications as may be required to meet specific Code standards or other conditions stipulated herein. 3. Approval of a Zoning Clearance is required prior to the issuance of any new Building Permits. All contractors must have valid City of Moorpark Business Registrations. 4. The applicant shall allow the City to co-locate a radio antenna on the structure and place associated equipment and electronics within or on the ground level equipment cabinet, at no cost, so long as this is done for City purposes at the 16 Resolution No. PC-2014- Page 6 expense of the City, there is no interference with the operation of the primary equipment, and that security and access are feasible. 5. Prior to the issuance of a Zoning Clearance for any new building permits, the applicant shall submit all construction plans for review and approval by the Planning Division. 6. In the event that this antenna array is abandoned, the applicant shall remove the facility within ninety (90) days at the request of the Community Development Director. Should the facility owner fail to remove the facility upon abandonment, the property owner shall be responsible for its removal. 7. In the event that the uses under this Conditional Use Permit are determined to be abandoned, the City of Moorpark may, at its discretion, initiate revocation procedures for cause per the provisions of Section 17.44.080. For purposes of this condition, "abandoned" shall mean a cessation of a business or businesses which would render the use unavailable to the public for a period of 180 or more consecutive days. Initiation of revocation procedures may result in the revocation of the permit or modification of the permit, based upon the evidence presented at the hearing. -End- 17 • ITEM: 8.B. MOORPARK,CALIFORNIA Planning Commission of 2.25. 204-- ACTION:APPR A%STAFFR-e'� Fu2AlloN. a►V7ED RES.too. PC- 2oN-515. BY T, oENt�2 MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: David A. Bobardt, Community opment Director 1 1 Joseph Fiss, Principal Planner • DATE: February 6, 2014 (PC Meeting of 4 25/14) SUBJECT: Consider a Resolution Approving Conditional Use Permit No. 2014- 01, a Request to Allow an Automobile Repair, Restoration, and Painting Shop (Auto Body Shop) in a 4,602 Square Foot Space in an Existing 18,372 Square Foot Industrial Building Located at 5260 Bonsai Street Unit A, and Making a Determination of Exemption under CEQA in Connection Therewith, on the Application of Backalley Restorations (David Dwyhalo) BACKGROUND A Conditional Use Permit application was filed by Backalley Restorations (David Dwyhalo) on January 6, 2014, to allow an automobile repair, restoration, and painting shop (auto body shop) in a 4,602 square foot space in an existing 18,372 square foot industrial building located at 5260 Bonsai Street Unit A. DISCUSSION Project Setting Existing Site Conditions: The use is proposed in a one story, multi-tenant industrial building, located on the east side of Bonsai Street, at the intersection of Hertz Avenue; north of Tejada Avenue. Access to the property is from both Bonsai Street and Kazuko Court. Previous Applications: On September 16, 1998, the City Council approved Industrial Park Development (IPD) No. 98-04 on Lot 14 for a 18,660 square-foot multi-tenant industrial warehouse and manufacturing building, and IPD No. 98-05 on Lot 15 for an 11,925 square-foot industrial warehouse and manufacturing building. Both buildings have reciprocal access easements on Kazuko Court and Bonsai Street. S:\Community Development\DEV PMTS\C U P\2014\2014-01 Backalley RestorationsAgenda Reports\PC Agenda Report 140225.docx 18 Honorable Planning Commission February 28, 2014 Page 2 GENERAL PLAN/ZONING Direction General Plan Zoning Land Use Site Light Industrial (I-1) Industrial Park (M-1) Light Industrial North Light Industrial (I-1) Industrial Park (M-1) Light Industrial South Light Industrial (I-1) Industrial Park (M-1) — Light Industrial East Light Industrial (I-1) ; Industrial Park (M-1) Light Industrial West Medium Industrial (1-2) Limited Industrial (M-2) Light Industrial p _ General Plan and Zoning Consistency: The General Plan land use designation for the property is intended to provide for a wide range of light industrial activities. The Zoning Ordinance requires Planning Commission approval of a Conditional Use Permit for an auto body shop in the Industrial Park (M-1) Zone. This allows for 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. ANALYSIS Issues Staff has identified compatibility with surrounding uses as the only potential issue for this proposed use. Conditions of approval are recommended to preclude outdoor storage and repair work. Given the location of the proposed use within an industrial park with another auto body shop in the vicinity, and that all activities will take place within the building, staff does not find concerns with land use compatibility with the project as conditioned. Findings A. The proposed use is consistent with the provisions of the General Plan, Zoning Ordinance, and any other applicable regulations, in that an auto body shop is an ancillary within the approved industrial building, which is consistent with the General Plan and Zoning. B. The proposed use is compatible with both existing and permitted land uses in the surrounding area, in that this is an industrial use where an auto body shop is not unexpected. C. The proposed use is compatible with the scale, visual character and design of surrounding properties, in that the auto body shop is an ancillary use to the approved industrial use and does not require any modification to the approved building. 19 Honorable Planning Commission February 28, 2014 Page 3 D. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or uses, in that conditions are required to ensure proper control of the auto body shop. E. The proposed use would not be detrimental to the public health, safety, convenience, or welfare, in that conditions are required to ensure proper control of an auto body shop. 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: February 6, 2014 Planning Commission Action Deadline: April 7, 2014 Upon agreement by the City and Applicant, one 90-day extension can be granted to the date action must be taken on the application. 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 cannot be readily identified, an Environmental Impact Report (EIR) is prepared. The Community Development Director has determined that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and 20 Honorable Planning Commission February 28, 2014 Page 4 the City's CEQA Guidelines. The project qualifies under the Class 1 exemption under State CEQA Guidelines Section 15301 (existing facilities) because CUP No. 2014-01 allows for an auto body shop within vacant tenant space of an existing building which is currently approved and used for industrial purposes and the use is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. In addition, there is no substantial evidence that the project will have a significant effect on the environment. STAFF RECOMMENDATION 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC-2014- for conditional approval of Conditional Use Permit No. 2014-01; and making a determination of exemption under CEQA in connection therewith. ATTACHMENTS: 1. Location Map 2. Aerial Map 3. Project Exhibits A. Site Plan B. Floor Plan 4. 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T.rn Unit ASPRAY keaAa 3 Moorpark, CA 93021 CA 59 902420 BA8 C-0 PARAMOUNT 6 PH 582790 178 Fx 582.790.8079 ; 1@ 2. a a d Approved by date: {� T 21 PC ATTACHMENT NO. 3.B. w 0 �'•�, mm m m , \m ma I 0 ® 0 rn m 7 o Ni I SD 41 i rn TT) ' I CO \ E r X m 4c I g'-- 1— 3 y 1 I o m �.1 A 3 \ N ? m N O k X k" > CD A_ Q) 1 CC - I CO a 1 i 0 0 0 a I (E)Roll up dr. (E)Roll up dr. 44 IMIQI . \ \,, ]7 X v O r A z \ G N O 0• Zz2 X�- P�Dr 2D -� N Z-<m N< O ":M - O O mm goo rn•P 00''A mjO�AD (,il O O. 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TTT 25 RESOLUTION NO. PC-2014- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2014-01, A REQUEST TO ALLOW AN AUTOMOBILE REPAIR, RESTORATION, AND PAINTING SHOP (AUTO BODY SHOP) IN A 4,602 SQUARE FOOT SPACE IN AN EXISTING 18,372 SQUARE FOOT INDUSTRIAL BUILDING LOCATED AT 5260 BONSAI STREET UNIT A, AND MAKING A DETERMINATION OF EXEMPTION UNDER CEQA IN CONNECTION THEREWITH, ON THE APPLICATION OF BACKALLEY RESTORATIONS (DAVID DWYHALO) WHEREAS, at a duly noticed public hearing on February 25, 2014, the Planning Commission considered Conditional Use Permit (CUP) No. 2014-01 on the application of Backalley Restorations (David Dwyhalo) to allow an automobile repair, restoration, and painting shop (auto body shop) in a 4,602 square foot space in an existing 18,372 square foot industrial building located at 5260 Bonsai Street unit A.; and WHEREAS, at its meeting of February 25, 2014 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 Community Development Director has determined that proposed Conditional Use Permit (CUP) No. 2014-01 is exempt from the provisions of the California Environmental Quality Act pursuant to Section 15301 of the California Code of Regulations (CEQA Guidelines) and that the project qualifies under the Class 1 exemption under State CEQA Guidelines Section 15301 (existing facilities). CUP No. 2014-01 allows for an auto body shop within vacant tenant space of an existing building which is currently approved and used for industrial purposes and the use is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. In addition, there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTATION: The Planning Commission concurs with the Community Development Director's determination that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under the Class 1 \\DC1\Department Share\Community Development\DEV PMTS\C U P\2014\2014-01 Backalley Restorations\Resolutions\PC_Reso_CUP 140225.docx PC ATTACHMENT 4 26 Resolution No. PC-2014- Page 2 exemption under State CEQA Guidelines Section 15301 (existing facilities) because CUP No. 2014-01 allows for an auto body shop within vacant tenant space of an existing building which is currently approved and used for industrial purposes and the use is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. In addition, there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission has reviewed the Community Development Department's determination of exemption, and based on its own independent judgment, concurs in staff's determination of exemption. SECTION 2. 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 an auto body shop is an ancillary within the approved industrial building, which is consistent with the General Plan and Zoning. B. The proposed use is compatible with both existing and permitted land uses in the surrounding area, in that this is an industrial use where an auto body shop is not unexpected. C. The proposed use is compatible with the scale, visual character and design of surrounding properties, in that the auto body shop is an ancillary use to the approved industrial use and does not require any modification to the approved building. D. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or uses, in that conditions are required to ensure proper control of the auto body shop. E. The proposed use would not be detrimental to the public health, safety, convenience, or welfare, in that conditions are required to ensure proper control of an auto body shop. SECTION 3. PLANNING COMMISSION APPROVAL: the Planning Commission herby approves Conditional Use Permit No. 2014-01 subject to the Standard and Special Conditions of Approval found in Exhibit A attached. 27 Resolution No. PC-2014- Page 3 SECTION 4. 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 February, 2014. Daniel Groff, Chair David A. Bobardt Community Development Director Exhibit A— Standard and Special Conditions of Approval 28 Resolution No. PC-2014- Page 4 EXHIBIT A STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT (CUP) No. 2014-01 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. This Conditional Use Permit is granted or approved with the City's designated approving body retaining and reserving the right and jurisdiction to review and to modify the permit—including the conditions of approval—based on changed circumstances. Changed circumstances include, but are not limited to, major modification of the business; a change in scope, emphasis, size, or nature of the business; the expansion, alteration, reconfiguration, or change of use; or the fact that the use is negatively impacting surrounding uses by virtue of impacts not identified at the time of application for the conditional use permit or impacts that are much greater than anticipated or disclosed at the time of application for the conditional use permit. The reservation of right to review any permit granted or approved under this chapter by the City's designated approving body is in addition to, and not in lieu of, the right of the City, its Planning Commission, City , Council and designated approving body to review and revoke or modify any permit granted or approved under this chapter for any violations of the conditions imposed on such permit. 2. All Conditions of Approval for Industrial Park Development (IPD) No. 98-04 as amended are incorporated by reference in this approval and shall continue to apply unless specifically modified by this permit. 3. The development must be in substantial conformance with the plans presented in conjunction with the application for Conditional Use Permit No. 2014-01, except any modifications as may be required to meet specific Code standards or other conditions stipulated herein. 4. No outdoor storage is allowed under this approval. Any request for outdoor storage is subject to the application requirements in place at the time of such request. 29 Resolution No. PC-2014- Page 5 5. 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. 6. No outdoor repair or maintenance, including washing, cleaning, or detailing of vehicles is allowed under this permit. All mechanical equipment (e.g. air compressors) must also be kept indoors. 7. Vehicles brought in for service may only be parked within the parking spaces designated for this tenant space during open hours of operation and may not be parked in other tenant spaces or in the street. All vehicles left overnight and on weekends (outside business hours), both operative and inoperative, must be parked within the building. 8. A sign permit.application must be submitted for all proposed signs, for the review and approval of the Community Development Director prior to issuance of a building permit for a sign. 9. Approval of a Zoning Clearance is required prior to the issuance of Building Permits. All contractors must have valid City of Moorpark Business Registrations. 10. Prior to the issuance of a Zoning Clearance for tenant occupancy, the applicant shall submit a Developer Waste Reduction and Recycling Plan to the satisfaction of the Senior Management Analyst. The plan must show how the applicant will properly recycle or dispose of motor oil, gasoline, other fluids, or hazardous materials generated in the course of doing business. • - END - 30 MOORINVIALIWIjA Planning Commission of 2 . . 2ot4 ACTION:ARcea 1 RECOnn�r���., , AQ2m E R S tti P 20�+-4 Ir r A l7Ei� MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: David A. Bobardt, Community - elopment Director Joseph Fiss, Principal Planne 1, DATE: February 9, 2014 (PC Meeting :12/25/14) SUBJECT: Consider a Resolution Approving Conditional Use Permit 2014-02, a Request for Relocation and Expansion of an Existing Micro-Brewery Business into a 7,000 Square Foot Space Within an Existing Light Industrial Building at 444 Zachary Street, Units 16-20, and Making a Determination of Exemption under CEQA in Connection Therewith, on the Application of Enegren Brewing (Chris Enegren) BACKGROUND A Conditional Use Permit application was filed by Enegren Brewing (Chris Enegren) on January 10, 2014, to allow relocation and expansion of an existing micro-brewery business into a 7,000 square foot space within an existing light industrial building at 444 Zachary Street, Units 16-20. DISCUSSION Project Setting Existing Site Conditions: The use is proposed in a one story, multi-tenant industrial building, located on the east side of Zachary Street, at the intersection of Hertz Avenue; north of Flinn Avenue. Previous Applications: On August 23, 1983, the Planning Commission adopted Resolution PC-83-2 approving Development Plan Permit No. DP-291, for the construction of three industrial buildings, totaling 42,660 square feet on approximately 3.05 acres in the 400 block of Zachary Street at the end of Flinn Avenue. On September 28, 2010, the Planning Commission approved Conditional Use Permit No. 2010-06 to allow this applicant to operate an approximately 1,400 square foot microbrewery within an existing tenant space in a nearby industrial building at 680 Flinn Avenue, No. 31 for craft beer to be manufactured for sale to local restaurants and S:\Community Development\DEV PMTS\C U P\2014\2014-02 Enegren Brewery\Agenda Reports\PC Agenda Report 140225.docx 31 Honorable Planning Commission February 25, 2014 Page 2 consumers. The applicant has outgrown this site and is proposing to relocate to the proposed site. GENERAL PLAN/ZONING Direction General Plan ; Zoning Land Use Site 1-1 (Light Industrial) M-1 (Industrial Park) Light Industrial North 11-1 (Light Industrial) M-1 (Industrial Park) Caltrans Yard South 1-1 (Light Industrial) M-1 (Industrial Park) Light Industrial East Floodway M-1 (Industrial Park) Arroyo Simi West 1-1 (Light Industrial) M-1 (Industrial Park) Industrial — — General Plan and Zoning Consistency: The light industrial land use designation in the General Plan is intended to provide for a variety of light industrial service, technical research, and business office uses within the City. Microbreweries are compatible with this designation. The Zoning Ordinance requires Planning Commission approval of a Conditional Use Permit for microbreweries in the Industrial Park (M-1) Zone. This allows for 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. ANALYSIS Issues Staff analysis of the proposed project has identified the following issues area for Planning Commission consideration: 1. Hours of Operation: 2. Alcohol Service: 3. Special Events: 1. Hours of Operation The normal operating hours of the facility are weekends day and evening and weekdays after 5:00 p.m. To ensure security at this business and surrounding businesses, a draft condition of approval is recommended restricting on-site customer sales and service to the hours of 10:00 a.m. to 10:00 p.m. 2. Alcohol Service: The applicant has applied for a Type 23 license through the California Alcohol Beverage Control Board. This license allows use of the site as a "Brew Pub or Micro-Brewery". A brewpub is typically a very small brewery with a restaurant. A micro-brewery is a small-scale brewery operation that typically is dedicated to the production of specialty beers, although some do operate a restaurant or pub in conjunction with the brewing. A restaurant or pub is not included as part of this application. A list of common ABC license types is attached. The license authorizes the sale of beer to any person holding a license 32 Honorable Planning Commission February 25, 2014 Page 3 authorizing the sale of beer, and to consumers for consumption on or off the manufacturer's licensed premises. Also, the manufacturer may conduct beer tastings under specified conditions, and minors are allowed on the premises. A Type 23 license would prevent the microbrewery from becoming a bar. A special condition of approval is recommended to maintain this type of license for the facility. 4. Special Events: Over the last several years, the applicant has obtained several Temporary Use Permits to host small special events at their existing facility, which include food and beer pairings. These events usually consist of a local restaurant bringing food which is setup in the parking lot, adjacent to the facility. Beer cannot be consumed outside of the facility, per their ABC permit. This arrangement is becoming increasingly common among microbreweries throughout Southern California. Since this was not considered in their original application, the applicant has been required to obtain a Temporary Use Permit for each event. This has been complicated for staff and the applicant, since many of the events are arranged at the last minute. There have been no problems at any of these events. The applicant is requesting that this CUP allow the flexibility to allow small dining events without the need for Temporary Use Permits. The Zoning Ordinance allows for this and conditions are recommended related to allowable hours and use of the parking lot for these events Findings 1. The proposed use is consistent with the provisions of the general plan, zoning ordinance, and any other applicable regulations in that breweries are conditionally permitted 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 use does not conflict with those uses within the surrounding business park; 3. The proposed use as conditioned is compatible with the scale, visual character, and design of surrounding properties in that there will be no changes to the exterior of the building as a result of the application; 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 regarding parking, noise, and hours of operation; 5. The proposed use as conditioned would not be detrimental to the public health, safety, convenience, or welfare in that the operation of this microbrewery is compatible with the surrounding light industrial uses due to conditions that have been imposed limiting hours of operation and alcohol service. 33 Honorable Planning Commission February 25, 2014 Page 4 ADDITIONAL FINDINGS FOR ESTABLISHMENTS SELLING ALCOHOLIC BEVERAGES: 1. The use will not result in an over-concentration in the area of establishments selling alcoholic beverages. The proposal is unique in that it is primarily a production and wholesale facility. Beer tasting is an ancillary use. There are no similar uses within the existing office/industrial park. 2. The use will serve a public convenience in that the sale of beer, from this location allows restaurants and the public a local choice for craft beer. 3. The use will not create the need for increased police services in that conditions are required to ensure proper control of the sale of beer for on-site and off-site consumption. 4. The requested use at the proposed location will not adversely affect the economic welfare of the community in that locally produced craft beer is not currently produced in Moorpark. 5. The exterior appearance of the structure will not be inconsistent with the external appearance of commercial structures already constructed or under construction on surrounding properties, or within the immediate neighborhood so as to cause blight, deterioration or substantially diminish property values within the neighborhood. 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: February 9, 2014 Planning Commission Action Deadline: April 10, 2014 Upon agreement by the City and Applicant, one 90-day extension can be granted to the date action must be taken on the application. 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 34 Honorable Planning Commission February 25, 2014 Page 5 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 that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under the Class 1 exemption under State CEQA Guidelines Section 15301 (existing facilities) because CUP No. 2014-02 allows for a microbrewery within vacant tenant space of an existing building which is currently approved and used for industrial purposes and the use is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. In addition, there is no substantial evidence that the project will have a significant effect on the environment. STAFF RECOMMENDATION 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC-2014- for conditional approval of Conditional Use Permit No. 2014-02; and making a determination of exemption under CEQA in connection therewith. ATTACHMENTS: 1. Location Map 2. Aerial Photograph 3. Project Exhibits A. Main Floor Plan B. Mezzanine Floor Plan C. Elevation and Interior Perspective D. Interior Perspective 4. Draft PC Resolution with Conditions of Approval 35 LOCATION MAP Fitch Ave� -p °_' SITE Q rnn Avg rt:__ � 1 cn 4816' NORTH PC ATTACHMENT 1 36 AERIAL PHOTOGRAPH .‘ 11 1 0 V g' , St.' i . 1' * ,,,..' - ,'''...1:, :::: itf:. r 1.' t F,. r• ti ;' 1 qve { '"..4:-•:-.44:' !I ' eon ,. . . .""• s x t ,' V-1) � AP t.vs , i..Ili f fil t �Y ;k Sr y, ,:a, • t ,„.••'..., , OrIMI • 1 -„ .. rr ,� I a ( ■ ,jj y r I + .. �� w 1 CI NORTH PC ATTACHMENT 2 37 - - . 4, . • - - •• --- . , _ . . . . . .. ... • 0 V--lif : . lit: 1 0 0 aNNO 0 ........ .. 111, i :'g iii • i • ‘ a lb 4'! I ' I NM I II ,-ihj 0 • . - : •i 'Au 1 IIIIII•1IIIIIIII • 1— oinsi 1 III { fi I- ...I N , l• : I i I I 1 I . igia'll _._ g 111 1111 . 1 1 e II. 1 t N N Noi--_. Nth L imp t., 0 .i.bo ii rie o li ,..: 4 F 3 I I I PIM N N N 1 Mit ..1 i a ! ; . 0 1.1-1":- _ - . 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PC-2014- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2014-02, A REQUEST FOR RELOCATION AND EXPANSION OF AN EXISTING MICRO-BREWERY BUSINESS INTO A 7,000 SQUARE FOOT SPACE WITHIN AN EXISTING LIGHT INDUSTRIAL BUILDING A, 444 ZACHARY STREET, UNITS 16-20; AND MAKING A DETERMINATION OF EXEMPTION UNDER CEQA IN CONNECTION THEREWITH, ON THE APPLICATION OF ENEGREN BREWING (CHRIS ENEGREN) WHEREAS, at a duly noticed public hearing on February 25, 2014, the Planning Commission considered Conditional Use Permit (CUP) No. 2014-02 on the application of Enegren Brewing (Chris Enegren) for relocation and expansion of an existing micro- brewery business into a 7,000 square foot space within an existing light industrial building at 444 Zachary Street, Units 16-20; WHEREAS, at its meeting of February 25, 2014 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 proposed Conditional Use Permit (CUP) No. 2014-02 is exempt from the provisions of the California Environmental Quality Act pursuant to Section 15301 of the California Code of Regulations (CEQA Guidelines) and that the project qualifies under the Class 1 exemption under State CEQA Guidelines Section 15301 (existing facilities). CUP No. 2014-02 allows for a microbrewery within vacant tenant space of an existing building which is currently approved and used for industrial purposes and the use is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. In addition, there is no substantial evidence that the project will have a significant effect on the environment. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTATION: the Planning Commission concurs with the Community Development Director's determination that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under the Class 1 exemption under State CEQA Guidelines Section 15301 (existing facilities) because CUP No. 2014-02 allows for a microbrewery within vacant tenant space of an existing S:\Community Development\DEV PMTS\C U P\2014\2014-02 Enegien Brewery\Resolutions\PC_Reso_CUP 140225.docx PC ATTACHMENT 4 42 Resolution No. PC-2014- Page 2 building which is currently approved and used for industrial purposes and the use is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. In addition, there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission has reviewed the Community Development Department's determination of exemption, and based on its own independent judgment, concurs in staffs determination of exemption. SECTION 2. 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 breweries are conditionally permitted 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 use does not conflict with those uses within the surrounding business park; C. The proposed use as conditioned is compatible with the scale, visual character, and design of surrounding properties in that there will be no changes to the exterior of the building as a result of the application; 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 regarding parking, noise, and hours of operation; and E. The proposed use as conditioned would not be detrimental to the public health, safety, convenience, or welfare in that the operation of this microbrewery is compatible with the surrounding light industrial uses due to conditions that have been imposed limiting hours of operation and alcohol service. SECTION 3. ADDITIONAL FINDINGS FOR ESTABLISHMENTS SELLING ALCOHOLIC BEVERAGES: A. The use will not result in an over-concentration in the area of establishments • selling alcoholic beverages. The proposal is unique in that it is primarily a production and wholesale facility. Beer tasting is an ancillary use. There are no similar uses within the existing office/industrial park. B. The use will serve a public convenience in that the sale of beer, from this location allows restaurants and the public a local choice for craft beer. C. The use will not create the need for increased police services in that conditions are required to ensure proper control of the sale of beer for on-site and off-site consumption. 43 Resolution No. PC-2014- Page 3 D. The requested use at the proposed location will not adversely affect the economic welfare of the community in that locally produced craft beer is not currently produced in Moorpark. E. The exterior appearance of the structure will not be inconsistent with the external appearance of commercial structures already constructed or under construction on surrounding properties, or within the immediate neighborhood so as to cause blight, deterioration or substantially diminish property values within the neighborhood. SECTION 4. PLANNING COMMISSION APPROVAL: the Planning Commission herby approves Conditional Use Permit No. 2014-02 subject to the Standard and Special Conditions of Approval found in Exhibit A attached. SECTION 5. 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 25th day of February, 2014. Daniel Groff, Chair David A. Bobardt Community Development Director Exhibit A— Standard and Special Conditions of Approval 44 Resolution No. PC-2014- Page 4 EXHIBIT A STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT (CUP) No. 2014-02 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. This Conditional Use Permit is granted or approved with the City's designated approving body retaining and reserving the right and jurisdiction to review and to modify the permit—including the conditions of approval—based on changed circumstances. Changed circumstances include, but are not limited to, major modification of the business; a change in scope, emphasis, size, or nature of the business; the expansion, alteration, reconfiguration, or change of use; or the fact that the use is negatively impacting surrounding uses by virtue of impacts not identified at the time of application for the conditional use permit or impacts that are much greater than anticipated or disclosed at the time of application for the conditional use permit. The reservation of right to review any permit granted or approved under this chapter by the City's designated approving body is in addition to, and not in lieu of, the right of the City, its Planning Commission, City Council and designated approving body to review and revoke or modify any permit granted or approved under this chapter for any violations of the conditions imposed on such permit. 2. Outdoor service and/or sales of alcoholic beverages are not permitted. Signs must be posted at the building exits indicating that customers may not leave the building with open containers of alcoholic beverages. 3. On site sales, service or consumption of alcoholic beverages allowed by this Conditional Use Permit are permitted only between the hours of 10:00 a.m. and 10:00 p.m. 4. This premise is not licensed by ABC to operate as a bar, restaurant, or a nightclub and must be maintained as a microbrewery, for production and tasting only, with a Type 23 ABC license. 5. The proprietor shall reimburse the City of Moorpark for any additional police or other costs incurred by the City as a result of operations of the facility, including 15% overhead on any such services. 45 Resolution No. PC-2014- Page 5 6. No person under the age of eighteen (18) may serve beer to customers. 7. This premise is not licensed by ABC to operate as a bar or a nightclub and must maintain this premise as a Type 23 Microbrewery (or type of permit required by ABC in the future for microbreweries). 8. Any and all employees directly involved or supervising the sale/service of alcoholic beverages shall provide evidence and the business shall maintain records that employees have: a. Received training from the State of California Department of Alcoholic Beverage Control (ABC) "Leadership and Education in Alcohol and Drugs" LEAD program or other Responsible Beverage Service (RBS) program, in the form of an ABC issued certificate. b. The Owner/Manager shall confirm with the California Department of Alcoholic Beverage Control within fifteen (15) days of hire any new employee has been scheduled with the local ABC office to attend a LEAD or RBS program course. 9. Other than a business sign in conformance with Chapter 17. 40 of the Zoning Ordinance, there must be no advertising of any kind or type promoting or indicating the availability of beer visible from the exterior of the building. Interior signs or displays of beer that are clearly visible to the exterior shall constitute a violation of this condition. 10. Applicant shall provide the Community Development Department with a copy of the California Department of Alcoholic Beverage Control (ABC) approval prior to sale of any alcoholic beverages. 11. No employee shall sell any alcoholic beverages to any person under twenty-one (21) years of age. 12. Storage of all beer shall be located behind the front counter and bar at all times and out of reach from customers. 13. The manager or his/her designee shall be responsible to supervise the exterior of the business to assure that no beer is served or consumed outside the facility. The owner/manager shall not permit any loitering on the property adjacent to the facility. 14. Prior to initiating any dining events, the applicant shall provide a site plan for review and approval of the Community Development Director showing location of food service and dining and that on-site vehicular or pedestrian circulation is not obstructed. 15. Any vendor providing food, goods, or other services must obtain a valid City of Moorpark Business Registration. All retail sales generated at the event must be properly reported to the State Board of Equalization as occurring within the City of Moorpark. 16. Dining events are permitted only during the following hours: Monday through Friday 5:00 p.m. to 10:00 p.m.; Saturday and Sunday 10:00 a.m. to 10:00 p.m. 16 Resolution No. PC-2014- Page 6 17. Games or contests requiring or involving the consumption of alcoholic beverages shall not be permitted at any time. 18. During any activity that may require the need for additional security, security personnel must be provided to monitor the parking area(s) designated for use by customers of the facility. The applicant shall work with the Police Department and Community Development Department staff to determine which activities shall require additional security. 19. The owner/manager shall be required to obtain Temporary Use Permit approval from the City of Moorpark when a scheduled activity could create a need for increased police presence. Such application shall 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 surrounding area. The only exception shall be for special events held by Moorpark based non-profit groups. 20. All exterior areas of the site, including parking areas under use by the facility, must be maintained free of litter and debris at all times. 21. Music and amplified sound, whether live or pre-recorded, may only take place inside the building and not exceed a volume that can be heard from beyond the property. All activities on the property must comply with the City's noise regulations. Any live music event shall require a Temporary Use Permit. 22. Areas inside the facility open to customers must be illuminated sufficiently to allow the identification of persons. 23. The facility must correct any safety or security problem within three (3) days upon written notice of such a problem from the Moorpark Police Department. 24. No increase of floor area is permitted without approval of an additional permit. 25. Prior to the issuance of a Zoning Clearance for tenant occupancy, the applicant shall submit a Developer Waste Reduction and Recycling Plan to the satisfaction of the Community Services Administrative Specialist. 26. The applicant shall comply with Chapter 8.32 PROHIBITING SMOKING IN PUBLIC PLACES at all times and shall provide signs consistent with Section 8.32.040 of the Moorpark Municipal Code to the satisfaction of the Community Development Director, prior to initiation of the uses allowed by this permit. Any smoking area, if desired, shall comply with Section 8.32.030 of the Moorpark Municipal Code. 27. A separate sign permit application is required for all proposed signs, which are subject to the review and approval of the Community Development Director. 28. 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 47 Resolution No. PC-2014- Page 7 such request. A mobile food truck may be parked on site in a location approved by the Community Development Director only during dining events, and must not obstruct driveway access, nor to serve as signage. -End- 48 MOORPARK,CALIFORNIA Planning Commission of 2.25.ZOti-1- ITEM: 10.A. ACTION: APPROVeD MINUTES OF THE PLANNING COMMISSION rte rtt,-e►e- BY: Moorpark, California January 28, 2014 A Regular Meeting of the Planning Commission of the City of Moorpark was held on January 28, 2014, in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Chair Gould called the meeting to order at 7:01 p.m. 2. PLEDGE OF ALLEGIANCE: Vice Chair Groff led the Pledge of Allegiance. 3. ROLL CALL: Present: Commissioners Di Cecco, Hamous, Landis, Vice Chair Groff, and Chair Gould. Staff Present: David Bobardt, Community Development Director; Joseph Vacca, Principal Planner; and Tracy Oehler, Administrative Specialist. 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) MOTION: Chair Gould moved and Commissioner Landis seconded a motion to nominate Vice Chair Groff as Chair. The motion carried by unanimous voice vote. MOTION: Commissioner Landis moved and Chair Gould seconded a motion to nominate Commissioner Hamous as Vice Chair. The motion carried by unanimous voice vote. 49 Minutes of the Planning Commission Moorpark, California Page 2 January 28, 2014 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 26, 2009 to a date uncertain.) ii. ZOA Sign Ordinance Revision iii. Rescinding Toll Mazur DA, GPA, ZC Mr. Bobardt announced there would be a regular Planning Commission meeting in February for two conditional use permits. 8. PUBLIC HEARINGS: (next Resolution No. PC-2014-593) A. Consider Resolution Recommending to the City Council the Adoption of Zoning Ordinance Amendment No. 2014-01, to Amend Chapter 17.08 (Definitions), of the Zoning Ordinance to Update Definitions of Supportive Housing and Transitional Housing, and Add a Definition for Target Population, and Recommending the City Council Make a Determination of Exemption Under CEQA in Connection Therewith. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC-2014-593 recommending to the City Council the adoption of Zoning Ordinance Amendment 2014-01. (Staff: Joseph Vacca) Mr. Vacca gave the staff report. A discussion followed among the Commissioners and staff regarding clarification as well as the origins of the definitions. Chair Groff opened the Public Hearing. 50 Minutes of the Planning Commission Moorpark, California Page 3 January 28, 2014 In response to Chair Groff, Mr. Bobardt stated there were no speaker cards or written cards for this item. Chair Groff closed the Public Hearing. MOTION: Commissioner Landis moved and Commissioner Di Cecco seconded a motion to approve staff recommendation to adopt Resolution No. PC-2014-593, recommending to the City Council the adoption of Zoning Ordinance Amendment 2014-01. The motion carried by unanimous voice vote. The City Council has final approval authority for this project. 9. DISCUSSION ITEMS: A. Consider Regular Meeting Schedule, Time, and Place. Staff Recommendation: Approve the 2014 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, California 93021. (Staff: David Bobardt) MOTION: Vice Chair Hamous moved and Commissioner Gould seconded a motion to approve staff recommendation. The motion carried by unanimous voice vote. 10. CONSENT CALENDAR: MOTION: Commissioner Gould moved and Commissioner Di Cecco seconded a motion to approve the Consent Calendar. The motion carried by unanimous voice vote. A. Consider Approval of the Special Meeting Minutes of December 17,_2013. Staff Recommendation: Approve the minutes. 11. ADJOURNMENT: MOTION: Commissioner Landis moved and Commissioner Gould seconded a motion to adjourn. The motion carried by unanimous voice vote. The time was 7:13 p.m. Daniel Groff, Chair David A. Bobardt, Community Development Director 51