HomeMy WebLinkAboutAG RPTS 2014 0325 PC REG PPAK 0,4
F941:0a11140.i92
ggr 'Jy1^ Resolution No. 2014-597
PLANNING COMMISSION
REGULAR MEETING AGENDA
MARCH 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-2014-597)
A. Consider Resolution Approving Conditional Use Permit No. 2014-03, a Request to
Allow a 2,816 Square-Foot Restaurant and to Serve Beer and Wine for On-Site
Consumption at 525 Los Angeles Avenue, Suites #F and #G, and Making a
Determination of Exemption Under CEQA in Connection Therewith on the
Application of Devery Morgan (No Curdinary Whey). Staff Recommendation: 1)
Open the public hearing, accept public testimony, and close the public hearing;
and 2) Adopt Resolution No. PC-2014- approving Conditional Use Permit No.
2014-03 with conditions of approval and making a determination of exemption
under CEQA in connection therewith. (Staff: Freddy Carrillo)
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
March 25, 2014
Page 2
9. DISCUSSION ITEMS:
A. Consider Fiscal Year 2014/15 Objectives. Staff Recommendation: Receive and
File Report. (Staff: David Bobardt)
10. CONSENT CALENDAR:
A. Consider Approval of the Regular Meeting Minutes of February 25, 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, March 25,
2014, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799
Moorpark Avenue, Moorpark, California, was posted on March 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 March 20, 2014.
Tracy J. Oehler, Deputy City Clerk
ITEM: 8.A.
MOORPARK,CALIFORNIA
Planning Commission
of 3.2S.201y-
ACTION:APPP-u MFF ,EcatA utag 1OyJ,
ADoPTEr, RFS_ kip.PG- 20i4-583-.
BY: T. 0E1.4
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: David A. Bobardt, Community Development Director
Prepared by Freddy A. Carrillo, Assistant Planner I
DATE: February 26, 2014 (PC Meeting of 03/25/14)
SUBJECT: Consider Resolution Approving Conditional Use Permit No. 2014-03,
a Request to Allow a 2,816 Square-Foot Restaurant and to Serve
Beer and Wine for On-Site Consumption at 525 Los Angeles Avenue,
Suites #F and #G, and Making a Determination of Exemption Under
CEQA in Connection Therewith on the Application of Devery Morgan
(No Curdinary Whey)
BACKGROUND
On January 23, 2014, Devery Morgan, for No Curdinary Whey, submitted an application
for a Conditional Use Permit (CUP) to allow a 2,816 square-foot restaurant and to serve
beer and wine for on-site consumption at 525 Los Angeles Avenue, Suites #F and #G
(LA Spring Shopping Center). The restaurant will also operate as an artisan cheese
establishment, including the retail sales of commercial artisan cheese, and the
production of its own artisan cheese.
The applicant has applied with Alcohol Beverage Control for a Type 41 License, which
would allow serving of beer and wine in conjunction with a dining establishment. The
Zoning Ordinance requires a CUP to allow a restaurant (with or without alcoholic
beverage service) when within 100 feet of a residentially zoned property.
DISCUSSION
Project Setting
Existing Site Conditions:
The LA Spring Shopping Center contains approximately 32,426 square feet of building
space, divided into three separately owned properties; 501 Los Angeles Avenue
(McDonald's restaurant), 559 Los Angeles Avenue (Starbucks and former Blockbuster),
and 525 Los Angeles Avenue (commercial-retail-restaurant-service center). Access to
the center is from Spring Road and Los Angeles Avenue.
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Honorable Planning Commission
March 25, 2014
Page 2
Previous Applications:
• On June 4, 2003, the City Council adopted Resolution No. 2003-2091 approving
Commercial Planned Development Permit No. 2002-01 for a 21,786 square foot
shopping center expansion for 525 Los Angeles Avenue.
• On October 6, 2004, GreeneWay Development, Inc. submitted a Conditional Use
Permit (CUP 2004-04) application requesting approval for four restaurants with
alcoholic beverage service in the center expansion area. That application was
subsequently revised to also include one retail store selling premium wine, liquor,
cigars and related accessories as part of the Conditional Use Permit request. On
January 4, 2005, the Planning Commission approved Resolution No. 2005-467,
allowing three restaurants with alcoholic beverage service and one retail liquor
store. Currently, there are three full service restaurants that are operating under
this permit (Rachada Thai, Planet Sushi, and Taqueria El Tapatio), necessitating
this CUP for an additional restaurant with alcohol service.
• The approved retail liquor store mentioned above (originally Wine Castle)
relocated from the approximately 1,079 square-foot space at 525 Los Angeles
Avenue, Suite E, to the approximately 1,464 square-foot space at 559 Los
Angeles Avenue (former Blockbuster Video) within the LA Spring shopping
center under Conditional Use Permit No. 2012-01, which was approved by the
Planning Commission on May 22, 2012.
• A sign permit was issued on March 5, 2014 and the sign was installed.
General Plan and Zoning Consistency:
GENERAL PLAN/ZONING
Direction General Plan Zoning Land Use
General Commercial
Site Commercial Planned Shopping Center
C-2)........_...................................._Development..._(C P D)................_.............__....._...._...._.........._...__._........._........._..__........._.
Very High Density Residential Planned Condominium
North Residential (VH) Development Apartment Complex
(RPD-1 5U)_...._..._.._.........._............._..........__._. _.
General Commercial
South Commercial Planned Shopping Center
(C-2)..._.................................._.._Development..._(CPD).............._..._.........................................._....._...._._.._..........._..................
Very High Density Residential Planned
East Residential (VH) Development Apartment Complex
.(RPD-15U).................._. _.
West Medium Density Single Family Single-Family
Residential (M) Dwellings (R-1) Dwellings
The General Commercial land use designation in the General Plan is intended to
provide for a wide range of retail and service activities. The Zoning Ordinance requires
Planning Commission approval of a Conditional Use Permit for restaurants with or
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March 25, 2014
Page 3
without sales of alcoholic beverages in the Commercial Planned Development (CPD)
Zone when within 100 feet of residentially zoned property. 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.
Parking:
The three properties that comprise the LA Spring Shopping Center total approximately
32,426 square feet, with a mix of retail, restaurant, and service uses. These properties
share parking through reciprocal parking and access easements. Shopping centers
with four or more uses and over 25,000 square feet require 1 parking space per 250
square feet of gross floor area. When a center meets this standard, it may be used for
any combination of retail, restaurant, and office uses. This center has 173 parking
spaces, which is well above the 130 required. Some concerns have come up in the
past related to the availability of parking at this center, including the posting of spaces
for short-term (5-minute) use. Staff has found that parking shortage issues are not as
much related to the number of restaurants at the center as they are related to
management of the lot, as it has been observed being used by visitors of the adjacent
residences as well as by carpoolers who are meeting at the center and leaving a vehicle
for a long period of time.
ANALYSIS
Issues
Staff analysis of the proposed project has identified the following area for Planning
Commission consideration in their decision:
• Control of Alcoholic Beverage Service
• Concentration of Uses
• Outdoor Dining
Control of Alcoholic.Beverage Service
Staff analysis of the proposed project has identified control of the service of alcoholic
beverages as the primary issue for Planning Commission consideration in their review
of the CUP application. Conditions are recommended by staff to address security
concerns associated with the service of alcoholic beverages. These conditions are
consistent with those recently applied to other restaurants in Moorpark with alcoholic
beverage service.
The applicant has requested hours of operation from 9:30 a.m. to 11:00 p.m. The
center has no conditions limiting hours of operation, however, the Conditional Use
Permit for the other approved restaurants within the center are limits service of beer and
wine beverages to 10:00 A.M. and 10:00 P.M. each day of the week. A condition of
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approval has been added to the attached draft resolution to be consistent with other
restaurants in the center.
In addition, staff is also recommending a condition as follows: "Alcoholic beverages
shall be stored out of reach from customers. Such storage shall be to the satisfaction of
the Community.Development Director."
Concentration of Uses
As mentioned above, the overall LA Spring Center currently has a total of four tenants
that are permitted to serve or sell alcoholic beverages. Rachada Thai, Planet Sushi, and
Taqueria El Tapatio operate under a Type 41 (On Sale Beer & Wine — Eating Place -
(Restaurant)) license. This permit authorizes the sale of beer and wine for consumption
as part of a bona fide eating place. Minors are allowed on the premises. The approved
retail store (formerly Wine Castle, currently JM Fine Wine and Spirits, same ownership)
operates under a Type 21 (Off Sale General - (Package. Store)) license. This permit
authorizes the sale of beer, wine and distilled spirits for consumption off the premises
where sold. Minors are allowed on the premises.
The State ABC will not issue a license unless the applicant has obtained the necessary
permit from the City. In its analysis, the ABC measures the number of businesses
selling alcoholic beverages by census tract, and compares this number to other census
tracts in the area and derives a target number of establishments based on population. If
a census tract would exceed the target number of establishments, then findings of
public convenience and necessity need to be made for an ABC permit to be issued.
ABC relies on localities to determine whether or not findings of public convenience and
necessity can be made when there is an overconcentration of establishments in a
census tract.
Census Tract 76.11, which contains the project site, is generally bound by the railroad
tracks on the north, Los Angeles Avenue on the south, the Arroyo Simi on the east, and
the City boundary on the west. ABC allows a total of four licenses for on-site
consumption in this tract without meeting the definition of over-concentration. Eleven
exist at this time. Although the technical definition of overconcentration is met, this
census tract has a high percentage of Moorpark's commercial zoning, with the LA
Spring Shopping Center, the Moorpark Town Center, and Mission Bell Plaza within its
boundaries. Because of the commercial land in this census tract, it is expected to have
more restaurants with alcoholic beverage service than census tracts that do not include
as much commercial land. In addition, approximately have of the census tract is zoned
for industrial uses, which further lowers the population upon which the number of
permits is based. A finding of public convenience and necessity is proposed for this
use in the attached draft resolution as the alcoholic beverage service would be ancillary
to the food service and retail cheese use.
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Outdoor Dining
The applicant has indicated a desire for future outdoor dining on the existing patio,
including serving of beer and wine. ABC has specific restrictions for outdoor service,
including construction of a barrier from the general public. Although the applicant has
not provided plans for such a request, staff has not encountered a problem with other
locations where this has been permitted. However, as with any physical change to a
site, a certain level of review is required to ensure that code and aesthetic standards are
complied with. Given this, staff has determined that a future Permit Adjustment,
reviewed by the Community Development Director, would be the appropriate level of
review for such a change, in light that the patio already exists, and only additional
fencing would be required. A condition of approval has been added to this effect.
Findings
1. The proposed restaurant with beer and wine service is consistent with the provisions
of the City's General Plan, Zoning Ordinance, and other applicable regulations as
conditioned in that the land is planned and zoned for general commercial uses of the
intensity proposed and sufficient parking is available.
2. The proposed use is compatible with both existing and permitted land uses in the
surrounding area, in that this is proposed as a full service restaurant where beer and
wine typically is served for on-site consumption.
3. The proposed use is compatible with the scale, visual character, and design of
surrounding properties, in that the use does not require a significant modification to
the exterior of the approved building.
4. 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 service of alcoholic beverages for on-site consumption.
5. The proposed use would not be detrimental to the public interest, health, safety,
convenience, or welfare, in that conditions are required to ensure proper control of
the service of alcoholic beverages for on-site consumption.
ADDITIONAL FINDINGS FOR ESTABLISHMENTS SERVING ALCOHOLIC
BEVERAGES:
1. Although Census Tract 76.11 exceeds the ABC target number of establishments
selling alcoholic beverages for on-site consumption, it is a census tract dominated by
shopping centers, where such uses are expected. The proposed use under this
Conditional Use Permit will not result in a detrimental overconcentration of
establishments serving alcoholic beverages for on-site consumption in the area, as
these sales will be ancillary to the service of food from this restaurant.
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Honorable Planning Commission
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2. The proposed use will provide a public convenience and necessity, in that the
service of alcoholic beverages for on-site consumption is an ancillary use to the
primary use of the building as a restaurant.
3. The use will not create the need for increased police services, in that conditions are
required to ensure proper control of the service of alcoholic beverages for on-site
consumption.
4. The requested use at the proposed location will not adversely affect the economic
welfare of the community.
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 20, 2014
Planning Commission Action Deadline: May 21, 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.
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Based upon the results of an Initial Study, the Director may determine that a project will
not have a significant effect upon the environment. In such a case, a Notice of Intent to
Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For
many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be
sufficient environmental documentation. If the Director determines that a project has
the potential for significant adverse impacts and adequate mitigation can not be readily
identified, an Environmental Impact Report (EIR) is prepared.
The Director has reviewed this project and found it to Categorically Exempt in
accordance with Section 15301 (Class 1, Existing Facilities) of California Code of
Regulations (CEQA Guidelines) in that this is development is within an existing
shopping center with appropriate access, parking and circulation for this proposal. No
further environmental documentation is required.
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the public hearing.
2. Adopt Resolution No. PC-2014- approving Conditional Use Permit No.
2014-03 with conditions of approval; and making a determination of exemption
under CEQA in connection therewith.
ATTACHMENTS:
1. Location Map
2. Aerial Photograph
3. Project Exhibits (Under Separate Cover)
4. Draft PC Resolution with Conditions of Approval
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LOCATION MAP
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PC ATTACHMENT 1
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PC ATTACHMENT 2
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PC ATTACHMENT 3
PROJECT EXHIBITS
(UNDER SEPARATE COVER)
COPIES OF THE EXHIBIT ARE AVAILABLE
AT THE FRONT COUNTER
10
RESOLUTION NO. PC-2014-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. 2014-03, A REQUEST TO
ALLOW A 2,816 SQUARE-FOOT RESTAURANT AND TO SERVE
BEER AND WINE FOR ON-SITE CONSUMPTION AT 525 LOS
ANGELES AVENUE, SUITES #F AND #G, AND MAKING A
DETERMINATION OF EXEMPTION UNDER CEQA IN
CONNECTION THEREWITH, ON THE APPLICATION OF
DEVERY MORGAN (NO CURDINARY WHEY)
WHEREAS, on January 23, 2014, Devery Morgan, for No Curdinary Whey,
submitted an application for a Conditional Use Permit (CUP) to allow a 2,816 square-
foot Restaurant and to Serve Beer and Wine for On-site Consumption at 525 Los
Angeles Avenue, Suites #F and #0 (LA Spring Shopping Center).; and
WHEREAS, at a duly noticed public hearing on March 25, 2014, the Planning
Commission considered Conditional Use Permit (CUP) No. 2014-03; and
WHEREAS, at its meeting of March 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. 2014-03 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.
2014-03 allows for a restaurant within a vacant tenant space of an existing shopping
center which is currently approved and used for a mix of restaurant, retail, and service
uses, and the use is consistent with the applicable general plan designation and all
applicable general plan policies as well as with the 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
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140325.docx
PC ATTACHMENT 4
11
Resolution No. PC-2014-
Page 2
Class 1 exemption under State CEQA Guidelines Section 15301 (existing facilities)
because CUP No. 2014-03 allows for a restaurant within a vacant tenant space of an
existing shopping center which is currently approved and used for a mix of restaurant,
retail, and service uses, and the use is consistent with the applicable general plan
designation and all applicable general plan policies as well as with the 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 Director's determination of exemption, and
based on its own independent analysis and judgment, concurs with the 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 restaurant with beer and wine service is consistent with the provisions
of the City's General Plan, Zoning Ordinance, and other applicable regulations as
conditioned in that the land is planned and zoned for general commercial uses of the
intensity proposed and sufficient parking is available.
B. The proposed use is compatible with both existing and permitted land uses in the
surrounding area, in that this is proposed as a full service restaurant where beer and
wine typically is served for on-site consumption.
C. The proposed use is compatible with the scale, visual character, and design of
surrounding properties, in that the use does not require a significant modification to
the exterior of 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 service of alcoholic beverages for on-site consumption.
E. The proposed use would not be detrimental to the public interest, health, safety,
convenience, or welfare, in that conditions are required to ensure proper control of
the service of alcoholic beverages for on-site consumption.
ADDITIONAL FINDINGS FOR ESTABLISHMENTS SERVING ALCOHOLIC
BEVERAGES:
A. Although Census Tract 76.11 exceeds the ABC target number of establishments
selling alcoholic beverages for on-site consumption, it is a census tract dominated by
shopping centers, where such uses are expected. The proposed use under this
Conditional Use Permit will not result in a detrimental overconcentration of
12
Resolution No. PC-2014-
Page 3
establishments serving alcoholic beverages for on-site consumption in the area, as
these sales will be ancillary to the service of food from this restaurant.
B. The proposed use will provide a public convenience and necessity, in that the
service of alcoholic beverages for on-site consumption is an ancillary use to the
primary use of the building as a restaurant.
C. The use will not create the need for increased police services, in that conditions are
required to ensure proper control of the service of alcoholic beverages for on-site
consumption.
D. The requested use at the proposed location will not adversely affect the economic
welfare of the community.
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 3. PLANNING COMMISSION APPROVAL: the Planning
Commission herby approves Conditional Use Permit No. 2014-03 subject to the
Standard and Special Conditions of Approval found in Exhibit A attached.
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 March, 2014.
Daniel Groff, Chair
David A. Bobardt
Community Development Director
Exhibit A— Standard and Special Conditions of Approval
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Resolution No. PC-2014-
Page 4
EXHIBIT A
•
STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE
PERMIT (CUP) No. 2014-03
STANDARD CONDITIONS OF APPROVAL
The applicant shall comply with Standard Conditions of Approval for Conditional Use
Permits as adopted by City Council Resolution No. 2009-2799 (Exhibit B), except as
modified by the following Special Conditions of Approval. In the event of conflict
between a Standard and Special Condition of Approval, the Special Condition shall
apply.
SPECIAL CONDITIONS
1. The applicant's acceptance of this permit and/or commencement of construction
and/or operations under this permit is deemed to be acceptance of all conditions
of this permit.
2. The Conditions of Approval of this permit, City of Moorpark Municipal Code and
adopted city policies at the time of the permit approval supersede all conflicting
notations, specifications, dimensions, typical sections and the like which may be
shown on plans.
3. Conditions of this entitlement may not be interpreted as permitting or requiring
any violation of law or any unlawful rules or regulations or orders of an authorized
governmental agency.
4. The applicant shall defend, indemnify and hold harmless the City and its agents,
officers and employees from any claim, action or proceeding against the City or
its agents, officers or employees to attack, set aside, void, or annul any approval
by the City or any of its agencies, departments, commissions, agents, officers, or
employees concerning the permit, which claim, action or proceeding is brought
within the time period provided therefore in Government Code Section 66499.37.
The City will promptly notify the applicant of any such claim, action or
proceeding, and if the City should fail to do so or should fail to cooperate fully in
the defense, the applicant shall not thereafter be responsible to defend,
indemnify and hold harmless the City or its agents, officers and employees
pursuant to this condition.
a. The City may, within its unlimited discretion, participate in •the
defense of any such claim, action or proceeding, if both of the
following occur:
14
Resolution No. PC-2014-
Page 5
i. The City bears its own attorney fees and costs; and
ii. The City defends the claim, action or proceeding in good faith.
b. The applicant shall not be required to pay or perform any
settlement of such claim, action or proceeding unless the
settlement is approved by the applicant. The applicant's obligations
under this condition shall apply regardless of whether a building
permit is ultimately obtained, or final occupancy is ultimately
granted with respect to the permit.
5. If any of the conditions or limitations of this approval are held to be invalid, that
holding shall not invalidate any of the remaining conditions or limitations set forth.
6. The development must be in substantial conformance with the plans presented in
conjunction with the application for Conditional Use Permit No. 2014-03, except
any modifications as may be required to meet specific Code standards or other
conditions stipulated herein. Any future changes to the parking or vehicle
storage layout shall require review and approval by the Community Development
Director.
7. The City of Moorpark reserves the right to modify, suspend or revoke for cause
this conditional use permit consistent with Chapter 17.44 of the Moorpark
Municipal Code or as may be amended in the future.
8. Conditional Use Permit No. 2014-03 may be revoked or its use suspended by the
City, if any of the causes listed in Section 17.44.080.B of the Zoning Code are
found to apply, including if the use for which the permit was granted has not been
exercised for at least twelve (12) consecutive months, has ceased to exist, or has
been abandoned. The discontinuance for a period of one hundred eighty (180) or
more days of a nonconforming use or a change of nonconforming use to a
conforming use constitutes abandonment and termination of the nonconforming
status of the use.
9. A separate 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.
10. Sales, service, or consumption of beer or wine is permitted only between the
hours of 10:00 A.M. and 10:00 P.M. each day of the week.
11. Alcoholic beverages shall be stored out of reach from customers. Such storage
shall be to the satisfaction of the Community Development Director.
15
Resolution No. PC-2014-
Page 6
12. The addition of outdoor service of beer and wine at this location will require
fencing to comply with State law and will be subject to approval of a Permit
Adjustment by the Community Development Director prior to initiation.
13. Approval of a Zoning Clearance is required prior to the issuance of building
permits. All other permit and fee requirements must be met.
14. Entertainment is not approved as part of this Conditional Use Permit and requires
approval of a separate permit.
15. 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.
16. Security personnel must be provided to monitor the parking area(s) designated
for use by customers of the restaurant during any activity that may require the
need for additional security. The applicant shall work with the Police
Department, Fire Department, and Community Development Department staff to
determine which activities shall require additional security. 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. The only exception shall be for special events held by Moorpark-based
non-profit groups.
17. The applicant shall reimburse the City of Moorpark for any additional police or
other costs incurred by the City as a result of operations approved by this
Conditional Use Permit, including fifteen (15%) percent overhead on any such
services.
18. The permittee must correct any safety or security problem within three (3) days
upon written notice of such a problem from the Moorpark Police Department.
19. 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.
20. 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.
16
Resolution No. PC-2014-
Page 7
21. No person under the age of eighteen (18) shall serve or package alcoholic
beverages.
22. 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.
23. This premise is not licensed by ABC to operate as a bar or a nightclub and must
maintain this premise as a restaurant. The quarterly gross sales of alcoholic
beverages may not exceed 50% of the gross sales of food during the same
period. The facility must at all times maintain records which reflect separately the
gross sale of food and the gross sales of alcoholic beverages of the business.
Said records shall be kept no less frequently than on a quarterly basis and shall
be made available to the Moorpark Police Department upon demand.
24. "Walk-in" alcohol service for non-restaurant patrons is not permitted at any time.
Alcoholic beverages may only be sold/served to patrons of the facility during
dining events. Food meal service must be available during all business hours
that alcoholic beverages are sold.
25. Areas inside the establishment open to customers must be illuminated sufficiently
to allow the identification of persons to the satisfaction of the Police Chief.
26. The applicant or his/her designee shall be responsible to police the exterior of the
business to assure that no beer, wine, or liquor is consumed within the parking
lot. The applicant shall not permit any loitering in the parking lot or in areas
adjacent to the facility.
27. No exterior advertising of any kind or type is allowed promoting or indicating the
availability of alcoholic beverages. Interior displays of beer, wine, or liquor that
are clearly visible to the exterior shall constitute a violation of this condition.
28. No increase of floor area is permitted without approval of an additional permit.
29. 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.
30. 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.
17
Resolution No. PC-2014-
Page 8
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.
-END-
18
ITEM: 9.A.
MOORPARK,CALIFORNIA
Planning Commission
of .3.25.20 14
AC'TION:APPROVED OTAFF REcome1e.t.-CA110'-.3•
BY: T CE
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: David A. Bobardt, Community Development Director
DATE: March 17, 2014 (PC Meeting of 03/25/14)
SUBJECT: Consider Fiscal Year 2014/15 Objectives
DISCUSSION
Each year, the City Council adopts a set of Goals and Objectives. The Objectives are
grouped by an estimated timeline: 0 — 2 years, 2 — 5 years, and 5+ years. At the front of
each Objective are initials noting the funding status: "F" — meaning funded, "NF" — not
funded, and "SE" — staff effort, not requiring funding. A number of the approved
Objectives fall within the Planning Commission's area of responsibility. A full list of the
City Council's FY 2013/14 Goals and Objectives is available on the City's website. We
have also attached a copy for your reference (Attachment B). For the purpose of this
report, the discussion will be limited to the objectives that fall within the Planning
Commission's areas of responsibility.
Attachment A is the list of Planning related objectives approved by the City Council for
FY 2013/14.
The goal of this review is for the Commission to familiarize itself with the goals and
objectives that relate to the Commission's area of responsibility and provide a starting
point for the Commission to formulate some new objective recommendations for
discussion at the joint meeting of the City Council and Planning Commission scheduled
for April 23, 2014, at 8:15 p.m.
STAFF RECOMMENDATION
Receive and file report.
Attachment A: FY 2013/14 Planning Objectives
Attachment B: City Council's FY 2013/14 Goals and Objectives
19
Planning Commission
March 17, 2014
Page 2
PC ATTACHMENT A
FY 2013/14 APPROVED OBJECTIVES
0 to 2 Year Objectives
II.A.1. Develop program to encourage new multi and single family housing
projects on underutilized residential and commercial sites within the
Downtown Specific Plan area.
II.A.2. Evaluate a potential mixed-use (residential/commercial) zone within the
Downtown Specific Plan area.
III.A.2. Confer with Caltrans and work with developer to complete grading of
Alternate SR 23 and North Hills Parkway within Specific Plan No. 2.
Grading of Alternate SR 23 will include trail linkage between City and
Happy Camp Canyon Regional Park.
III.A.3. Prepare Trails Master Plan as part of OSCAR Element of the General
Plan.
III.A.8. Prepare environmental documentation and an amendment to the
Circulation Element for Moorpark Avenue (SR 23) between Casey Road
and Los Angeles Avenue (SR 118) as an arterial street by March 31,
2014.
IV.A.2. Develop an equitable basis for requiring all new development projects to
provide Affordable Housing units and/or pay in lieu fees.
IV.A.3. Evaluate potential uses for parcels on the north side of the Arroyo Simi
that were deeded to City by SDI.
IV.A.8. Develop a formal Economic Development Program for presentation to City
Council by December 31, 2013.
VI.A.27. Adopt City Film Ordinance by December 31, 2013.
VII.A.3. Develop options to enhance open space and greenbelt areas to include at
a minimum: (1) strengthening the Tierra Rejada greenbelt agreement;
and (2) consideration of adding new formal greenbelt(s) and agreement(s)
for the areas north and south of the Ronald Reagan Freeway (SR 118)
near the east end of the City of Moorpark and the west end of the City of
Simi Valley plus contiguous unincorporated Ventura County and west of
the City limits (Los Posas) for consideration by the City Council.
VII.A.4. Prepare a comprehensive update of all General Plan Elements with
special emphasis on Land Use, OSCAR, Housing and Circulation
Elements and insure internal consistency among all General Plan
20
Planning Commission
March 17, 2014
Page 3
Elements. Consider creation of a Natural Open Space land use
designation and the city's vision for land within the City's Area of Interest
as part of the Land Use Element. Present Land Use and Circulation
Elements to the City Council by September 30, 2013. Present OSCAR
Element to City Council by March 31, 2014. Upon adoption of any General
Plan Amendments, prepare necessary changes to the Zoning Ordinance
to insure conformity and consistency with the General Plan.
VII.A.5. Process amendments to City Zoning Ordinance including definitions, non-
conforming uses, and overall internal consistency for presentation to the
City Council by December 31, 2013.
VII.A.19. Evaluate feasibility of constructing park facilities on remnant property west
of post office.
VII.A.24. Prepare a commercial demand study as part of the General Plan update.
VII.A.27. Prepare and process required Property Management Plan (Plan)for disposition •
of applicable former Moorpark Redevelopment Agency owned properties for
submittal to California Department of Finance by September 20, 2013.
2 to 5 Year Objectives
II.B.1 Install new street furniture (benches, planters, and trash receptacles) on
High Street.
II.B.2. Process General Plan Amendment, Zone Change, and entitlement
process for high density residential project for property at Moorpark
Avenue and Everett Street.
VIl.B.3. Work with property owners within the unincorporated area on both sides of
Los Angeles Avenue to improve west City entry.
VI1.B.4. Evaluate feasibility of relocating the Metrolink layover facility.
5+Year Objectives
II.C.2. Prepare a Commercial Façade Improvement Program to assist with
architectural improvements within the Downtown Specific Plan area.
Il.C.3. Develop phasing plan and construct selected portions of the High Street
Streetscape Plan.
21
Planning Commission
March 17, 2014
Page 4
PC ATTACHMENT B
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CITY OF MOORPARK
Mission Statement, Priorities, Goals, and Objectives
FY 2013/2014
Approved by City Council May 15, 2013
22
Planning Commission
March 17, 2014
Page 5
CITY OF MOORPARK
Mission Statement, Priorities, Goals, and Objectives
For FY 2013/2014
CITY MISSION STATEMENT
Striving to preserve and improve the quality of life in Moorpark.
TOP TEN (10) PRIORITIES (The listed items are considered to have equal priority.)
1. Construct new City Hall and Library. (VI.A.1.; VI.A.23.; VII.B.2.)
2. Improve City's watershed protection and flood control capabilities. (VII.A.14., 16.
& 17.; VII.C.2.)
3. Comprehensive update of General Plan Land Use, Circulation, Housing and
adopt updated OSCAR Elements to insure internal consistency among all
elements of the General Plan. (III.A.3. & 8.; VII.A.4. & 24.)
4. Widen Los Angeles Avenue (SR 118) to six travel lanes from Tierra Rejada Road
to SR 23 Freeway with a raised median and bus turnouts, and improve Princeton
Avenue from Condor Drive west to 1500 feet east of Spring Road. (III.A.1.a), b)
& c); III.A.4. & 5.; III.B.4.; III.C.3.)
5. Construct a permanent truck scale facility west of the City. (III.C.1.)
6. Widening of Moorpark Avenue/Walnut Canyon Road from Los Angeles Avenue
(SR 118) to north City limits and prepare plans for an alternate route for
north/south truck traffic through the City. (III.A.2.; III.A.7.; III.A.8.; III.B.1., 2. & 3.;
IIl.C.4.)
7. Facilitate new commercial development on High Street. Develop and implement
program to encourage new multi and single family housing on underutilized sites
within the Downtown Specific Plan area and increase the number of affordable
housing units. (II.A.1. & 2.; II.B.1. & 2.; II.C.2. & 3.)
8. Increase City's General Fund revenue through enhancement of existing revenue
sources including business attraction and retention programs and establishment
of additional revenue sources. (IV.A.1., 3., 4., 5. & 8.)
9. Enhance open space and greenbelt areas and determine feasibility of
establishing a trail system along the Arroyo Simi and work with other public
agencies to develop a comprehensive Arroyo Simi Management Plan that
incorporates flood control, habitat preservation/restoration, and recreation
components. (III.A.3.; IV.A.3.; VI.A.29.; VII.A.3.; VII.A.22.; VII.B.3.)
10. Promote sustainability and environmental protection in City programs and
facilities and inform residents, business owners, developers and contractors
about best practices and opportunities for recycling, reuse, water quality, green
construction techniques, water and energy conservation, and other sustainability
efforts. (III.A.3.; VI.A.6., 11., 19. & 28.; VI.B.3., VII.A.3., 11., 14., & 23.; VII.B.5.)
23
Planning Commission
March 17, 2014
Page 6
DEPARTMENTAL GOALS AND OBJECTIVES
The abbreviation used after each objective indicates which department has
responsibility for it. If more than one abbreviation is used, the first one shown •
has primary responsibility for that objective. The abbreviations and
corresponding departments used are as follows:
(AS) Administrative Services/Deputy City Manager
(CA) City Attorney
(CD) Community Development
(CE/PW) City Engineer/Public Works
(CM) City Manager
(F) Finance
(PD) Police Department
(PRCS) Parks, Recreation and Community Services
** Denotes those objectives related to an identified Top Ten Priority.
The notations in the left margin indicate whether funding for an objective is included in
the budget, as follows:
F Funded
NF Not Funded
SE Staff Effort (Staff effort only without need for additional funding)
I. Expand and encourage community involvement in establishing the general
policies of the City and increase the public's understanding of local
government operations.
A. O to 2 Years
F 1. Complete upgrade of city website that will include improved
functionality for interactive communication to promote community
engagement, calendar event scheduling and removal, and search
functions by January 31, 2014. (AS)
SE 2. Investigate additional online services for the City's new website
including new and renewed business registrations, animal licensing, and
parking ticket payments. (AS, CD, PW, PRCS & F)
C. 5+ Years
NF 1. Install two additional electronic message signs to further enhance
City's public information efforts. (PRCS &AS)
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Planning Commission
March 17, 2014
Page 7
II. Revitalize downtown Moorpark with a focus on High Street and the
surrounding business district and residential neighborhoods, which
includes consideration of public rail transit, potential for increased
residential density, and governmental and related public uses.
A. Oto2Years
NF** 1. Develop program to encourage new multi and single family housing
projects on underutilized residential and commercial sites within the
Downtown Specific Plan area. (CD)
SE** 2. Evaluate a potential mixed use (residential/commercial) zone within
the Downtown Specific Plan area. (CD)
F 3. Construct a public park on Second Street property and open it to
the public by March 31, 2014. (PRCS & CE/PW)
B. 2 to 5 Years
NF** 1. Install new street furniture (benches, planters, and trash
receptacles) on High Street. (CD & CE/PW)
SE** 2. Process General Plan Amendment, Zone Change, and entitlement
process for high density residential project for property at Moorpark
Avenue and Everett Street. (CD)
C. 5+ Years
NF 1. Install raised median with landscaping on Princeton Avenue from
Spring Road to approximately 1,500 feet east of Spring Road. (CE/PW &
CD)
NF** 2. Prepare a Commercial Facade Improvement Program to assist with
architectural improvements within the Downtown Specific Plan area. (CD)
NF** 3. Develop phasing plan and construct selected portions of the High
Street Streetscape Plan. (CD, CE/PW& PRCS)
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Planning Commission
March 17, 2014
Page 8
Ill. Improve traffic circulation and mitigate impacts on the movement of traffic
through the City and enhance trail, bicycle and pedestrian facilities.
A. O to 2 Years
** 1. Work with Caltrans to complete a number of projects including:
(CE/PW)
F** a) Obtain Caltrans approval for construction of a raised median
on Los Angeles Avenue from west city limits to SR 23 Freeway.
SE** b) Improve traffic signal synchronization for Princeton Avenue
at SR 118 ramps and Condor Drive.
F** c) Widen south side of Los Angeles Avenue between Maureen
Lane and Shasta Avenue by October 31, 2013.
F** 2. Confer with Caltrans and work with developer to complete grading
of Alternate SR 23 and North Hills Parkway within Specific Plan No. 2.
Grading of Alternate SR 23 will include trail linkage between City and
Happy Camp Canyon Regional Park. (CD & CE/PW)
SE** 3. Prepare Trails Master Plan as part of OSCAR Element of the
General Plan. (CD, PRCS & CE/PW)
F** 4. Work with Caltrans to complete design and acquire right-of-way to
widen Los Angeles Avenue between Spring Road and Moorpark Avenue.
(CE/PW)
F** 5. Acquire right-of-way, prepare design and commence construction
of Princeton Avenue from Condor Drive west to 1,500 feet east of Spring
Road by October 31, 2014. (CE/PW)
F 6. Assist SCRRA to construct improvements to Spring Road north and
south of the railroad including construction of a raised median to
accommodate additional railroad crossing safety devices by March 31,
2014. (CE/PW)
F** 7. Confer with Caltrans and prepare required Project Study Reports
(PSRs) and environmental document for North Hills Parkway. Evaluate
potential funding options for portion of improvements not developer
funded. Proceed with preliminary design of planned railroad
undercrossing. (CE/PW & CD)
SE** 8. Prepare environmental documentation and an amendment to the
Circulation Element for Moorpark Avenue (SR 23) between Casey Road
and Los Angeles Avenue (SR 118) as an arterial street by March 31,
2014. (CD & CE/PW)
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Planning Commission
March 17, 2014
Page 9
SE 9. Determine feasibility of constructing a sidewalk on Arroyo Drive
from Collins Drive to east City limits, and in conjunction with City of Simi
Valley and County of Ventura, pedestrian and bike connections between
Collins Drive and Madera Road. (CE/PW)
SE 10. Develop a plan and cost estimates to comply with Federal Traffic
Sign law. (CE/PW)
SE 11. Evaluate options to provide a continuous Class II bike lane on
Campus Park Drive between Princeton Avenue and Beragan Street.
(CE/PW)
F 12. Complete the right-of-way acquisition needed for the east side
Spring Road widening project from south of Flinn Avenue to a point south
of Los Angeles Avenue and then proceed with project construction.
(CE/PW)
B. 2 to 5 Years
SE** 1. Coordinate efforts of various developers to construct improvements
to Walnut Canyon Road (SR 23) from Casey Road to north City limits to
provide lane widening, paved shoulders, and striped median. (CE/PW)
SE** 2. Confer with Caltrans and evaluate potential funding options for
improvement of Alternate SR 23. (CE/PW & CD)
F** 3. Determine the feasibility of new and/or revised connections to the
SR 23/118 freeways west of Princeton Avenue to facilitate the possible
construction of roadways to connect to Broadway Road and/or North Hills
Parkway. (CE/PW)
SE** 4. Develop conceptual design plans to modify the intersection of
Condor Drive (south), Princeton Avenue and Virginia Colony Place.
(CE/PW)
C. 5+ Years
SE** 1. Work with VCTC, CHP, Caltrans, and County of Ventura to site a
permanent truck scale facility west of the City. (CE/PW &ACM)
F 2. Work with Caltrans to construct improvements at the eastbound
and westbound Collins Drive at SR 118 freeway ramps. (CE/PW)
SE** 3. Consider feasibility of pedestrian bridge on Los Angeles Avenue
(SR 118) in vicinity of Moorpark Avenue. (CE/PW)
NF** 4. Realign the intersection of Poindexter Avenue / First Street at
Moorpark Avenue (SR 23). (CE/PW& CD)
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Planning Commission
March 17, 2014
Page 10
SE 5. Assist SCRRA with construction of modifications to the Arroyo
Drive railroad crossing. (CE/PW)
SE 6. Work with VCTC, SCAG, and Caltrans to process environmental
review and complete project design for widening of SR 118 and SR
118/SR 23 connection bridges east of Los Angeles Avenue. (CE/PW, CD
& CM)
IV. Strengthen the City's fiscal stability and long-range financial growth.
A. Oto2Years
SE** 1. Develop proposed Business License Program for consideration by
the City Council. (F & CD)
SE 2. Develop an equitable basis for requiring all new development
projects to provide Affordable Housing units and/or pay in lieu fees. (CD)
SE** 3. Evaluate potential uses for parcels on the north side of the Arroyo
Simi that were deeded to City by SDI. (CD, CE/PW& PRCS)
SE** 4. Conduct citywide mail ballot to seek increase in assessments for
either parks or street lighting and landscaping, or for increased
assessments for both. (F, CE/PW, PRCS &AS)
SE** 5. Prepare 5 Year Revenue/Expenditure Projections for all major
Funds by March 31, 2014. (F & CM)
SE 6. In conjunction with other affected cities, seek to modify current
State law (SB 716) to allow continued use of Transportation Development
Act (TDA) funds for street purposes after July 1, 2014.. (AS & CE/PW)
SE 7. Update Equipment Replacement Fund depreciation schedules and
fixed assets list by June 30, 2014. (F)
SE** 8. Develop a formal Economic Development Program for presentation
to City Council by December 31, 2013. (CD & CM)
V. Reduce the potential for juvenile crime through intervention and prevention
efforts.
A. O to 2 Years
SE 1. Plan and implement the DUI prevention program "Every 15
Minutes" on the Moorpark High School campus. (PD)
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Planning Commission
March 17, 2014
Page 11
B. 2 to 5 Years
NF 1. Develop a Youth Master Plan in collaboration with the various
agencies that serve Moorpark youth, including MUSD and Moorpark Boys
and Girls Club, and interested residents to identify existing needs,
services and programs, including but not limited to the expansion needs of
the Moorpark Boys and Girls Club. (PRCS)
VI. Enhance the delivery of services and expand program efficiencies.
A. O to 2 Years
F** 1. Develop conceptual design proposal and process Civic Center
Master Plan including EIR.for new City Hall, council chambers, and other
government offices and Library by June 30, 2014. (PRCS, CD & CM)
NF 2. Complete initial phase of a unified filing system for all City files,
consisting of a complete listing of all departmental files, and an updated
electronic records retention schedule that conforms to federal and state
law by June 30, 2014. (AS)
F 3. Complete construction of second access to south Metrolink parking
lot from First Street by June 30, 2014. (CE/PW& CD)
NF 4. Install lighting at east parking lots, soccer fields, and multi-purpose
court at Arroyo Vista Community Park [AVCP]. (PRCS)
SE 5. Prepare a Parks/Facilities Capital Improvement Program for
presentation to City Council by December 31, 2013. (PRCS)
F** 6. Install the second phase of a centralized irrigation system for City
facilities, parks and landscape maintenance districts by June 30, 2014.
(PRCS)
SE 7. Install a computerized Crisis Information Management System in
the City's EOC by March 31, 2014. (AS)
SE 8. Evaluate existing financial policies and procedures and consolidate
them as part of City Council Policies Resolution by October 31, 2013. (F
& CM)
SE 9. Analyze alternatives to better utilize the roller hockey court at
Arroyo Vista Community Park as a multi-purpose court and consider
options as part of Capital Improvement Program adoption. (PRCS)
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Planning Commission
March 17, 2014
Page 12
NF 10. Evaluate feasibility including legal, financial, and operational issues
for City to consider possible provision of water and wastewater services.
(CE/PW & CM)
SE** 11. Develop a plan to reduce the amount of turf in City parks by ten
percent (10%) by March 31, 2014. (PRCS)
SE 12. Seek grant funding for installation of universally accessible play
equipment. (PRCS)
F 13. Evaluate options for second location for vehicular access to Arroyo
Vista Community Park for consideration by the City Council by January
31, 2014. (CE/PW, CD & PRCS)
SE 14. Develop a comprehensive Capital Improvement Program
document. (CE/PW& PRCS)
SE 15. Develop a policy for parkway and parkway tree maintenance on
residential streets. (CE/PW)
SE 16. Evaluate feasibility of performing pavement crack sealing work with
in-house staff by December 31, 2013. (CE/PW)
SE 17. Develop options and potential funding sources to provide a facility
for either or both free-style bicycle and BMX riders as part of Capital
Improvement Program adoption. (PRCS)
SE 18. Develop rules for use of Country Club Estates and Meridian Hills
equestrian staging areas. (PRCS)
SE** 19. Evaluate a policy and standards for use of more energy efficient
street lights on public and private streets in new developments. (CE/PW &
CD)
F 20. Establish a demonstration project for extended weekday hours and
Saturday service for the City's fixed route and Dial-a-Ride programs upon
approval by Federal Transit Administration. (CE/PW)
F 21. Construct ADA compliant pedestrian access from Moorpark Avenue
to all buildings at City's Community Center and improve the bus stop.
(PRCS & CE/PW)
F 22. Prepare an updated Pavement Management System and
associated projections for maintenance and improvement costs by June
30, 2014. (CE/PW)
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Planning Commission
March 17, 2014
Page 13
F** 23. Present a report to the City Council on feasibility of retaining the
current library building and expanding it at its current location by March
31, 2014. (PRCS & CM)
SE 24. Plan and implement an annual program evaluating and addressing
security issues for all schools within the City. (PD)
SE 25. Evaluate potential use of license plate readers [LPR]. (PD)
SE 26. Update City's Engineering Policies and Standards by June 30,
2014. (CE/PW&AS)
SE 27. Adopt City Film Ordinance by December 31, 2013. (CD, CE/PW &
CM)
SE** 28. • Evaluate potential requirement for use of pervious pavement on
new private and public projects. (PRCS, CD & CE/PW)
SE** 29. Evaluate options for Joint Powers Agreement (JPA) with other
public agencies for purchase and management of open space properties.
(PRCS, CD & CM)
F 30. Construct sidewalks on one side of certain streets in industrial
zoned areas to provide a safe path for pedestrians and to encourage
walking. (CE/PW, PRCS & CD)
B. 2 to 5 Years
SE 1. Consider options for funding construction and maintenance of a
community aquatic facility. (PRCS)
NF 2. Comprehensive update of City's Classification Plan and Job
Descriptions. (AS)
SE** 3. Determine feasibility of purchasing existing City street lights and
converting them to a more energy efficient lighting source. (CE/PW& F)
NF 4. Purchase and install electrical generators to serve the Active Adult
Center, Arroyo Vista Recreation Center offices, and the Moorpark Public
Services Facility. (PRCS)
NF 5. Construct a wood ball wall at a selected City park. (PRCS)
SE 6. Prepare a Senior Adult Master Plan. (PRCS)
SE 7. Evaluate options for re-use of City Hall Administration Building.
(PRCS & CM)
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Planning Commission
March 17, 2014
Page 14
C. 5+ Years
NF 1. Expand Arroyo Vista Community Park gym. (PRCS)
NF 2. Install outdoor fitness equipment at one or more parks. (PRCS)
NF 3. Install a Frisbee golf course at a city park. (PRCS)
VII. Reinforce and enhance Moorpark's attractive community character and
safeguard its desirable resources.
A. O to 2 Years
SE 1. Plan and conduct an emergency response exercise involving the
City Council and community organizations. (AS & PD)
SE 2. Develop policies and program guidelines for use of Art in Public
Places and Tree and Landscape fees by June 30, 2014. (PRCS & CD)
SE** 3. Develop options to enhance open space and greenbelt areas to
include at a minimum: (1) strengthening the Tierra Rejada greenbelt
agreement; and (2) consideration of adding new formal greenbelt(s) and
agreement(s) for the areas north and south of the Ronald Reagan
Freeway (SR 118) near the east end of the City of Moorpark and the west
end of the City of Simi Valley plus contiguous unincorporated Ventura
County and west of the City limits (Los Posas) for consideration by the
City Council. (CD & CM)
F** 4. Prepare a comprehensive update of all General Plan Elements with
special emphasis on Land Use, OSCAR, Housing and Circulation
Elements and insure internal consistency among all General Plan
Elements. Consider creation of a Natural Open Space land use
designation and the city's vision for land within the City's Area of Interest
as part of the Land Use Element. Present Land Use and Circulation
Elements to the City Council by September 30, 2013. Present OSCAR
Element to City Council by March 31, 2014. Upon adoption of any
General Plan Amendments, prepare necessary changes to the Zoning
Ordinance to insure conformity and consistency with the General Plan.
(CD)
SE 5. Process amendments to City Zoning Ordinance including
definitions, non-conforming uses, and overall internal consistency for
presentation to the City Council by December 31, 2013. (CD)
SE 6. Evaluate funding sources for undergrounding of utility lines
throughout the City. (CE/PW)
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Planning Commission
March 17, 2014
Page 15
NF 7. Select location, design and construct a water spray attraction at
one or more selected City Parks. (PRCS)
F 8. Consider items of public art for Police Services Center, Arroyo Vista
Recreation Center, High Street Post Office, and Train Station by June 30,
2014. (PRCS)
NF 9. Modify and upgrade wall treatment and enhance landscaping on
north side of Los Angeles Avenue (SR 118) between Millard Avenue and
Spring Road. (PRCS & CD)
NF 10. Landscape excess right-of-way on southeast corner of Tierra
Rejada Road and Moorpark Road and install standard curb and gutter.
(PRCS & CE/PW)
NF** 11. Develop a Tree Master Plan including tree inventory and mapping
by June 30, 2014. (PRCS)
SE 12. Evaluate feasibility of expanding security camera systems to
additional locations. (PRCS, AS, CM & PD)
SE 13. Evaluate feasibility of expanding activities for CERT trained
community members. (AS & PD)
F** 14. Update City's 1995 Master Drainage Plan and incorporate needed
improvements into Capital Improvement Program. (CE/PW & CD)
F 15. Underground existing electrical lines on north side of Los Angeles
Avenue in the vicinity of the Arroyo Simi Bridge by June 30, 2014.
(CE/PW)
SE** 16. In conjunction with the Ventura County Watershed Protection
District, prepare conceptual plans and evaluate potential funding for
Arroyo Simi improvements determined necessary by the FIRM update;
and evaluate the adequacy of existing facilities, determine what
improvements are needed, and develop a funding program to protect
downstream properties during 100 year storm events for:
a) Happy Camp Canyon Drain
b) Strathearn Drain
c) Canyon No. 2 Drain
d) Gabbert Canyon Drain, and
e) Walnut Canyon Drain
(CE/PW)
SE** 17. Work with owner of Villa Del Arroyo Mobile Home Park to resolve
drainage issues. (CE/PW)
33
Planning Commission
March 17, 2014
Page 16
SE 18. Evaluate options for partial development, sale or continued lease of
Buttercreek Park by June 30, 2014. (PRCS & CM)
SE 19. Evaluate feasibility of constructing park facilities on remnant
property west of post office. (CD & PRCS)
SE 20. Develop a conceptual plan and cost estimates for a formal walking
path around the perimeter of Arroyo Vista Community Park. (PRCS)
SE 21. Work with Ventura County Fire Protection District to consider siting
a fire station in the Campus Park area of the City. (PRCS & CM)
SE** 22. Develop options for use of 80-acre City owned open space parcel
in the Tierra Rejada Valley for consideration by the City Council by June
30, 2014. (PRCS & CM)
NF** 23. Prepare a demonstration project with community involvement for
replacement of turf with native landscaping by June 30, 2014. (PRCS)
F** 24. Prepare a commercial demand study as part of the General Plan
update. (CD & CM)
F 25. Train selected deputies and purchase/update needed equipment to
allow for enforcement of Vehicle Code for commercial vehicles. (PD)
SE 26. Develop conceptual design plan and cost estimates for widening
the access road within Arroyo Vista Community Park (AVCP) to
accommodate bike lanes/paths and sidewalks. (PRCS & CE/PW)
SE 27. Prepare and process required Property Management Plan (Plan)
for disposition of applicable former Moorpark Redevelopment Agency
owned properties for submittal to California Department of Finance by
September 20, 2013. (CD, F & CM)
B. 2 to 5 Years
NF 1. Establish Underground Utility District to underground electrical
transmission lines on Los Angeles Avenue (SR 118) from Shasta Avenue
to Millard Street. (CE/PW)
SE** 2. As part of new City Hall project, establish Civic Hall of Fame to
recognize city enhancement efforts by individuals and organizations. (AS)
SE** 3. Work with property owners within the unincorporated area on both
sides of Los Angeles Avenue to improve west City entry. (CD & CM),
SE 4. Evaluate feasibility of relocating the Metrolink layover facility. (CD &
CE/PW)
34
Planning Commission
March 17, 2014
Page 17
NF** 5. Develop design plan to refurbish median landscaping and
hardscape on Tierra Rejada Road from Spring Road to Los Angeles
Avenue and Campus Park Drive from Princeton Avenue to Collins Drive
including cost estimates, financing, phasing and water conservation
measures. (PRCS & CE/PW)
SE 6. Evaluate feasibility of establishing a community garden program
including identification of a preferred location. (PRCS)
NF 7. Work with Caltrans to install additional landscape improvements at
the SR 23 /Tierra Rejada Road interchange and Princeton Avenue SR
118 freeway ramps. (PRCS & CE/PW)
C. 5+ Years
NF 1. Landscape north side of Poindexter Avenue from Gabbert Road
east to vicinity of Chaparral School. (PRCS, CE/PW& CD)
NF** 2. Prepare design for extension of Fremont drain north of Los Angeles
Avenue. (CE/PW)
NF 3. Update Parks and Recreation Master Plan. (PRCS)
35
MOORPARK,CALIFORNIA
Planning Commission ITEM: 10.A.
of 3.25.2,0 t�
ACTION: APPROVED• MINUTES OF THE PLANNING COMMISSION
Mnnrpark. California February 25, 2014
BY: T• oEN u.E
A Regular Meeting of the Planning Commission of the City of Moorpark was held on
February 25, 2014, in the Council Chambers of said City located at 799 Moorpark
Avenue, Moorpark, California.
1. CALL TO ORDER:
Chair Groff called the meeting to order at 7:04 p.m.
2. PLEDGE OF ALLEGIANCE:
Jett Landis, a Moorpark resident, led the Pledge of Allegiance.
3. ROLL CALL:
Present: Commissioners Gould, Hamous, Landis, and Chair Groff.
Absent: Commissioner Di Cecco.
Staff Present: David Bobardt, Community Development Director; Joseph
Fiss, Principal Planner; Freddy Carrillo, Assistant Planner I;
and Tracy Oehler, Administrative Specialist.
4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS:
None.
5. PUBLIC COMMENT:
None.
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
None.
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON
MEETINGS/CONFERENCES ATTENDED BY THE COMMISSION:
(Future agenda items are tentative and are subject to rescheduling.)
Mr. Bobardt announced there would be a regular Planning Commission meeting
in March for one conditional use permit.
36
Minutes of the Planning Commission
Moorpark, California Page 2 February 25, 2014
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; and 2) Adopt Resolution No. PC-2014-594 conditionally
approving Conditional Use Permit No. 2013-04. (Staff: Freddy Carrillo)
Mr. Carrillo gave the staff report.
A discussion followed among the Commissioners and staff regarding if
there were any new Federal Communications Commission (FCC)
regulations regarding wireless communication facilities that would apply;
the facility being an existing facility and a non-conforming structure as the
height limit is now determined by the zone; the Conditional Use Permit
being valid as long as the facility is operational; and as an existing facility
qualifying for a categorical exemption under CEQA.
Chair Groff opened the Public Hearing.
Sean Scully, representing applicant Crown Castle, stated there had been
two decisions made by the FCC the first being how long a local jurisdiction
has to act on a particular type of wireless application, and with the passing
of the Middle Class Tax Relief Act, a FCC section dealing with local
jurisdiction approval pertaining to co-locations. He also requested
condition number four be removed from the Standard and Special
Conditions of Approval.
A discussion followed among the Commissioners and applicant about the
net difference between a tower height of 35 feet and 75 feet and how the
network is based on the overlap of the radio frequency between locations
and if the height of this facility was reduced, additional facilities would be
needed.
A discussion followed among the Commissioners and staff regarding
condition number four, the previous application language, and the City's
code on co-location regulation. Mr. Scully stated the applicant would
support the proposed language, which read "The applicant shall allow the
City to mount one antenna on the steel antenna support pole."
37
Minutes of the Planning Commission
Moorpark, California Page 3 February 25, 2014
Chair Groff closed the Public Hearing.
A discussion followed among the Commissioners regarding amending
condition number four with the proposed language.
MOTION: Commissioner Landis moved and Commissioner Gould seconded a
motion to approve staff recommendation to adopt Resolution No. PC-2014-594,
conditionally approving Conditional Use Permit No. 2013-04 as amended. The
motion carried by voice vote 4-0, Commissioner Di Cecco absent.
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 Backalley Restorations. Staff
Recommendation: 1) Open the public hearing, accept public testimony
and close the public hearing; and 2) Adopt Resolution No. PC-2014-595
for conditional approval of Conditional Use Permit No. 2014-01; and
making a determination of exemption under CEQA in connection
therewith. (Staff: Joseph Fiss)
Mr. Fiss gave the staff report.
Chair Groff opened the Public Hearing.
David Dwyhalo, Backalley Restoration, applicant, spoke about the paint
booth unit along with complying with the Ventura County Air Pollution
Control District regulations.
Chair Groff closed the Public Hearing.
MOTION: Commissioner Gould moved and Vice Chair Hamous seconded a
motion to approve staff recommendation to adopt Resolution No. PC-2014-595,
for conditional approval of Conditional Use Permit No. 2014-01; and making a
determination of exemption under CEQA in connection therewith. The motion
carried by voice vote 4-0, Commissioner Di Cecco absent.
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:
38
Minutes of the Planning Commission
Moorpark, California Page 4 February 25, 2014
1) Open the public hearing, accept public testimony and close the public
hearing; and 2) Adopt Resolution No. PC-2014-596 for conditional
approval of Conditional Use Permit No. 2014-02; and making a
determination of exemption under CEQA in connection therewith. (Staff:
Joseph Fiss)
Mr. Fiss gave the staff report.
A discussion followed among the Commissioners and staff regarding
clarification on the future expansion noted on stamped page 38 and
condition number 24 of the Standard and Special Conditions of Approval.
Chair Groff opened the Public Hearing.
Chris Enegren, Enegren Brewery, applicant, discussed the project,
clarified the usage of building's square footage, and asked if one site plan
could be submitted for review and approval regarding condition number
14.
Mr. Bobardt responded one site plan would be sufficient and if they did
decide to do something different, a new site plan would need to be
submitted for review and approval.
Adam Haverstock, a Moorpark resident, spoke in support of the project.
Mr. Bobardt requested Mr. Fiss to provide a correction on the square
footage on the permit to include the expansion area.
Chair Groff closed the Public Hearing.
MOTION: Commissioner Gould moved and Commissioner Landis seconded a
motion to approve staff recommendation to adopt Resolution No. PC-2014-596,
for conditional approval of Conditional Use Permit No. 2014-02 as amended; and
making a determination of exemption under CEQA in connection therewith. The
motion carried by voice vote 4-0, Commissioner Di Cecco absent.
9. DISCUSSION ITEMS:
None.
10. CONSENT CALENDAR:
MOTION: Vice Chair Hamous moved and Commissioner Gould seconded a motion to
approve the Consent Calendar. The motion carried by voice vote 4-0, Commissioner Di
Cecco absent.
39
Minutes of the Planning Commission
Moorpark, California Page 5 February 25, 2014
A. Consider Approval of the Special Meeting Minutes of January 28, 2014.
Staff Recommendation: Approve the minutes.
11. ADJOURNMENT:
MOTION: Commissioner Landis moved and Commissioner Gould seconded a motion to
approve the Consent Calendar. The motion carried by voice vote 4-0, Commissioner Di
Cecco absent. The time was 7:59 p.m.
Daniel Groff, Chair
David A. Bobardt, Community Development Director
40