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Resolution No. 2012-569
PLANNING COMMISSION
REGULAR MEETING AGENDA
MAY 22, 2012
7:00 P.M.
Moorpark Community Center 799 Moorpark Avenue
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS:
5. PUBLIC COMMENT:
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
All writings and documents provided to the majority of the Commission regarding all agenda items are
available for public inspection at the City Hall public counter located at 799 Moorpark Avenue during regular
business hours. The agenda packet for all regular Commission meetings is also available on the City's
website at www.ci.moorpark.ca.us.
Any member of the public may address the Commission during the Public Comments portion of the Agenda,
unless it is a Public Hearing or a Discussion item. Speakers who wish to address the Commission
concerning a Public Hearing or Discussion item must do so during the Public Hearing or Discussion portion
of the Agenda for that item. Speaker cards must be received by the Secretary for Public Comment prior to
the beginning of the Public Comments portion of the meeting; for a Discussion item, prior to the Chair's call
for speaker cards for each Discussion agenda item; and for a Public Hearing item, prior to the opening of
each Public Hearing, or beginning of public testimony for a continued hearing. A limitation of three minutes
shall be imposed upon each Public Comment and Discussion item speaker. A limitation of three to five
minutes shall be imposed upon each Public Hearing item speaker. Written Statement Cards may be
submitted in lieu of speaking orally for open Public Hearings and Discussion items. Any questions
concerning any agenda item may be directed to the Community Development/Planning office at 517-6233.
Regular Planning Commission Meeting Agenda
May 22, 2012
Page 2
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS AND REPORTS ON
MEETINGS/CONFERENCES ATTENDED BY THE COMMISSION:
A. Future Agenda Items
i. CUP 2003-05 National Ready Mixed (Continued from August 26,
2009 to a date uncertain.)
ii. Rescinding Toll Mazur DA, GPA, ZC
iii. ZOA Emergency Shelters and RLUIPA etc.
iv. ZOA Reasonable Accommodation Ordinance
v. ZOA Farm Worker Housing Ordinance
vi. CUP 2012-03 Moorpark RV and Storage
vii. CUP 2012-04 Simi Motorsports LLC
viii. Film Ordinance
8. PUBLIC HEARINGS: (next Resolution No. PC-2012-569)
A. Consider Conditional Use Permit No. 2012-01, a Request to Allow the
Relocation of an Existing Retail Store Selling Premium Wine, Liquor,
Cigars, and Related Accessories from 525 Los Angeles Avenue, Suite E,
to 559 Los Angeles Avenue within the LA Spring Shopping Center, on the
Application of Johny Hanna (The Wine Castle). Staff Recommendation: 1)
Open the public hearing, accept public testimony and close the public
hearing; 2) Adopt Resolution No. PC-2012- conditional approval
Conditional Use Permit No. 2012-01. (Staff: Freddy Carrillo)
B. Consider Resolution Approving Conditional Use Permit No. 2012-02, a
Request to Allow a Retail Tobacco and Accessories Store, Located at 252
Los Angeles Avenue Unit I within the Moorpark Grove Shopping Center,
on the Application of Anthony Fiumerodo (For Your Pleasure, Inc.). Staff
Recommendation: 1) Open the public hearing, accept public testimony
and close the public hearing; 2) Adopt Resolution No. PC-2012- ,
conditionally approving Conditional Use Permit No. 2012-02. (Staff:
Joseph Fiss)
Regular Planning Commission Meeting Agenda
May 22, 2012
Page 3
C. Consider Resolution Approving Modification No. 1 to Conditional Use
Permit 2010-02, a Modification to Allow an Expansion of the Existing
Sanctuary and to Add Two New Classrooms and a Corridor Within the
Existing Floor Area of the Building Located at 379/383 Science Drive on
the Application of Gordon Duncan for Cornerstone Community Church.
Staff Recommendation: 1) Open the public hearing, accept public
testimony and close the public hearing; 2) Adopt Resolution No. PC-2012-
approving Modification No. 1 to Conditional Use Permit 2010-02.
(Staff: Joseph Fiss)
D. Consider Resolution Recommending to the City Council Approval of
Zoning Ordinance Amendment No. 2012-01: an Amendment to Section
17.44.030 (Zoning Clearance) and Subsection C (Planned Development
(PD) Permit) of Section 17.44.040 (Discretionary Permits and Exceptions)
of Chapter 17.44 (Application Review Procedures) of the Zoning
Ordinance Related to Changes in Color on Existing Buildings. Staff
Recommendation: 1) Open the public hearing, accept public testimony
and close the public hearing; 2) Adopt Resolution No. PC-2012-
recommending to the City Council approval of Zoning Ordinance
Amendment No. 2012-01. (Staff: David Bobardt)
9. DISCUSSION ITEMS:
A. Consider Draft Seven-Year Capital Improvement Program for the
Department of Public Works for FY 2011/12 — FY 2017/18 1) Find the draft
Seven Year Capital Improvement Program for the Department of Public
Works for FY 2011/12 — FY 2017/18 to be in conformity with the Moorpark
General Plan, except as noted above; 2) Find the planned acquisition of
street right-of-way for certain specified projects described in this report, to
be in conformity with the Moorpark General Plan. (Staff: Dave Klotzle)
10. CONSENT CALENDAR:
A. Consider Approval of the Regular Meeting Minutes of March 27, 2012.
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, Kathy Priestley, declare as follows:
That I am the Administrative Secretary of the City of Moorpark and that an agenda of
the Regular Meeting of the Moorpark Planning Commission to be held on Tuesday, May
22, 2012, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center,
799 Moorpark Avenue, Moorpark, California, was posted on May 18, 2012, 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 May 18, 2012.
kiii;Al'7? t c
Katy Priestly, Administrat' a Secretary for
Joyce R. Figueroa, Adminis ra ive Assistant
ITEM: 8.A.
MOORPARK,CALIFORNIA
Planning Commission
of S 22 • 2017—
ACTION: APPRc,J 1) iSrAFF td=CoM)40k' •
ADOPTM RE'S. IUD. PC• 2012 -Slog
BY: T.
•
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: April 20, 2012 (PC Meeting of 05/22/12)
SUBJECT: Consider Conditional Use Permit No. 2012-01, a Request to Allow the
Relocation of an Existing Retail Store Selling Premium Wine, Liquor,
Cigars, and Related Accessories from 525 Los Angeles Avenue,Suite E,
to 559 Los Angeles Avenue within the LA Spring Shopping Center, on
the Application of Johny Hanna (The Wine Castle)
BACKGROUND
A Conditional Use Permit(CUP)application was submitted by Johnny Hanna on March 29,
2012, to allow the relocation of an existing retail store selling premium wine, liquor, cigars,
and related accessories 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 within the LA Spring shopping center.
DISCUSSION
Project Setting
Existing Site Conditions:
The LA Spring shopping center is approximately 32,018 square-feet and is 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.
S:\Community Development\DEV PMTS\C U P\2012\2012-01 The Wine Castle\Agenda Reports\PC Agenda Report.doc 1
Honorable Planning Commission
May 22, 2012
Page 2
Previous Applications:
On December 18, 1996,the City Council approved Commercial Planned Development No.
96-2 and Tentative Tract Map No. 5038, for a 7,258 square-foot commercial building
consisting of a 6,000 square-foot of retail space (former Blockbuster) and a 1,258 square-
foot restaurant (Starbucks). The remainder of the commercial shopping center was
approved with separate permits and is under separate ownership.
In September 2011, zoning clearances were issued to subdivide the former Blockbuster
into two tenant spaces and to expand the existing Starbucks store within the existing
building. Sprint subsequently occupied the space closest to Los Angeles Avenue, leaving
the 1,464 square-foot space that The Wine Castle is proposing to occupy.
The Wine Castle in its current location was permitted under CUP No. 2004-04. It is in a
part of the center that is under separate ownership from the proposed new location. The
CUP was approved by the Planning Commission on January 4, 2005 to allow a maximum
of three restaurants with beer and wine in conjunction with food service and one retail store
selling premium wine, liquor, cigars and related accessories anywhere on the property
located 525 Los Angeles Avenue.
GENERAL PLAN/ZONING
Direction General Plan Zoning Land Use
General Commercial
Site Commercial Planned Shopping Center
Development pp g
C..-2)..........................................._......................................(.C PD)......._......................_........................_..................._................_.......................................................
Residential
North Very High Density Planned Apartment
Residential (VH) Development Complex
(RPD-15 U)..........................................................................................................................................
General Commercial
South Commercial Planned Shopping Center
Development pp g
C- .......................................
Residential
East Very High Density Planned Apartment
Residential (VH) Development Complex
(RP D-1..5U. ..............................................................................._...............................................__.
High Density Single Family Single-Family
West Residential Dwellings (R-1) Dwellings
(7DU/AC)
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May 22, 2012
Page 3
General Plan and Zoning Consistency:
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 off-site sales of beer, wine, and
liquor in the Commercial Planned Development(CPD)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
Staff has identified two issues associated with the proposed permit for consideration by the
Planning Commission: the potential for the use to create a nuisance in the neighborhood
and overconcentration.
Nuisance Issues:
The applicant is proposing to continue selling beer, fine wine, liquor, cigars, and related
accessories. Moving into 559 Los Angeles Avenue would give the applicant an additional
385 square-feet for retail sales. Standard and special conditions are recommended by
• staff to address security concerns associated with the sale of beer,wine, and liquor.These
conditions are consistent with those applied to other establishments in Moorpark which are
permitted to sell beer, wine and other alcoholic beverages.
The Planning Commission originally prohibited beer sales for off-site consumption as part
of CUP No. 2004-04, governing the current operation of The Wine Castle. The intent was
to strengthen a condition that required the applicant to police the site to prevent loitering
and consuming alcoholic beverages in the parking lot. On November 22, 2005, the
Planning Commission considered a Permit Adjustment at the request of The Wine Castle
to allow beer sales. The Planning Commission directed the Community Development
Director to amend a condition of approval to permit sales of unrefrigerated premium beers,
ales, and other malt beverages. Condition No. 28 of CUP No. 2004-04 was amended to
read as follows:
28. A maximum of one (1) retail store may sell alcoholic beverages for off-site
consumption at the LA/Spring Shopping Center (CPD 2002-01), as identified in the
application for Conditional Use Permit No. 2004-04. Beer salcs are prohibited. Any malt
beverages sold at this store must be unrefrigerated premium beers, ales, or other malt
beverages. The definition of "premium" shall be subiect to determination by the
Community Development Director.
A recent inspection of the store indicated that premium beers were being stored in a
refrigerator; however,they were promptly removed when requested by staff. The Moorpark
Police Department has confirmed that loitering has not been a problem at the existing
location, and that the only concern is that there is at times an excess of signage in the
windows, which can block the view inside the store from a passing patrol car. Staff is
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Honorable Planning Commission
May 22, 2012
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•
concerned with the current restriction on beer sales and is not recommending this condition
for the new location as it requires subjective judgment to determine what is a premium
beer, and many "craft" or "microbrewery" premium beers are not pasteurized, requiring
refrigeration to prevent spoilage. Staff believes the issue of loitering can be successfully
addressed through other conditions of approval and appropriate property management.
Condition No. 13 of the draft resolution states:
13. The applicant or his/her designee shall be responsible to police the exterior of the
business to assure that no alcoholic beverages are consumed within the parking lot. The
applicant shall not permit any loitering in the parking lot or in areas adjacent to the store.
This is consistent with a standard condition of approval for Conditional Use Permits for
establishments selling and/or serving alcoholic beverages as adopted by the City Council
through Resolution No. 2009-2799. It has been sufficient to prevent loitering at other
stores that sell alcoholic beverages in Moorpark. Though staff does not expect the store at
the new location to become a nuisance, permit revocation proceedings are always
available if it does in the future.
Overconcentration:
To determine overconcentration,the California Department of Alcoholic Beverage Control
(ABC) measures the number of businesses selling alcoholic beverages by census tracts
from the 2000 Census, and compares this number to other census tracts in the area. The
existing and proposed locations are both in Census Tract No. 76.02,which is considered to
have an overconcentration of establishments selling alcoholic beverages for off-site
consumption. This census tract is a large census tract that includes all areas in Moorpark
south of the railroad tracks, north and west of the Arroyo Simi and east of Gabbert Road.
Therefore, existing commercial areas within this Census Tract include:the Moorpark Town
Center, Mission Bell Plaza, Park Lane Center, Village Retail Auto Center, The Grove,
Tuscany Square, Gateway Plaza, LA Spring, and Moorpark Plaza shopping centers. This
census tract includes most of Moorpark's commercial land, and therefore would be
expected to have more establishments selling alcoholic beverages than other census tracts
in Moorpark. Census Tract 76.02 currently has a healthy mix of many types of commercial
land uses, including a variety of retail stores, restaurants, auto repair shops and personal
service establishments.
The applicant is concurrently transferring an application with ABC for the sale of beer,
wine, and liquor for off-site consumption from 525 Los Angeles Avenue, Suite E, to 559
Los Angeles Avenue. The transfer will not increase the overconcentration of alcohol
permits in Census Track 76.02. However, it should be noted that CUP No. 2004-04 allows
for the owner of the property currently occupied by The Wine Castle to replace it with
another liquor store once it vacates its current premises.
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Honorable Planning Commission
May 22, 2012
Page 5
Transferring this alcohol permit from one location to another within the Census Tract will
not, in the opinion of Community Development staff, result in a detrimental over-
concentration of such permits. In order for ABC to transfer an alcohol license, the
applicant must obtain a Conditional Use Permit, and subsequently the Community
Development Department must issue a letter of"Public Convenience and Necessity."This
finding of public convenience and necessity is included in the draft resolution.
Findings
A. The proposed use is consistent with the provisions of the General Plan, zoning
ordinance, and any other applicable regulations, in that the sale of beer, wine, and
liquor for off-site consumption is an ancillary use to the approved retail use, a use
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 approved retail use where sale of beer,wine, and
liquor is not unexpected.
C. The proposed use is compatible with the scale, visual character and design of
surrounding properties, in that the sale of beer, wine, liquor for off-site consumption
is an ancillary use to the approved retail use and does not require any modifications
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 sale of beer, wine, and liquor for off-site consumption.
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
the sale of beer, wine, and liquor for off-site consumption.
Additional Conditional Use Permit Findings for establishments selling alcohol
beverages:
A. The use will not result in a detrimental overconcentration in the area of
establishments selling alcoholic beverages, in that the proposal is transferring
license within the same census tract;
B. The use will provide a public convenience and necessity, in that the sale from this
location of beer, wine, and liquor for off-site consumption accompanies a wide
variety or retail and service uses in the immediate vicinity;
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, wine, and liquor for off-site
consumption;
D. The requested use at the proposed location will not adversely affect the economic
welfare of the community; and
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Honorable Planning Commission
May 22, 2012
Page 6
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 or impair property values within the
neighborhood in that no substantial exterior changes are proposed.
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: April 28, 2012
Planning Commission Action Deadline: July 28, 2012
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 Director has reviewed this project and found it to qualify for a General Rule Exemption
in accordance with Section 15301 (Existing Facilities) of California Code of Regulations
(CEQA Guidelines). No further environmental documentation is required.
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Honorable Planning Commission
May 22, 2012
Page 7
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the public hearing.
2. Adopt Resolution No. PC-2012- conditional approval Conditional Use Permit
No. 2012-01
ATTACHMENTS:
1. Location Map
2. Aerial Photograph
3. Project Exhibits
A. Site Plan
B. Floor Plan
4. Draft PC Resolution with Conditions of Approval
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Honorable Planning Commission
May 22, 2012
Page 8
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RESOLUTION NO. PC-2010-557
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. 2012-01, A CONDITIONAL USE
PERMIT TO ALLOW THE RELOCATION OF AN EXISTING
RETAIL STORE FROM 525 LOS ANGELES AVENUE, SUITE E,
TO 559 LOS ANGELES AVENUE WITHIN THE LA SPRING
SHOPPING CENTER, ON THE APPLICATION OF JOHNY
HANNA (THE WINE CASTLE)
WHEREAS, at duly noticed public hearing on May 22, 2012, the Planning
Commission considered Conditional Use Permit (CUP) No. 2012-01 on the application
of Johnny Hanna to allow the relocation of an existing retail store selling premium wine,
liquor, cigars, and related accessories from 525 Los Angeles Avenue, Suite E, to 559
Los Angeles Avenue; and
WHEREAS, at its meeting of May 22, 2012, 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 on May 22, 2012 reached a
decision on this matter; and
WHEREAS, the Planning Commission concurs with the Community Development
Director's determination that this project is Categorically Exempt from the provisions of
CEQA pursuant to Section 15301 as a Class 1 exemption for existing facilities.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. CONDITIONAL USE PERMIT FINDINGS: Based upon the
information set forth in the staff report(s), accompanying studies, and oral and written
public testimony, the Planning Commission makes the following findings in accordance
with City of Moorpark, Municipal Code Section 17.44.040:
A. The proposed use is consistent with the provisions of the General Plan, zoning
ordinance, and any other applicable regulations, in that the sale of beer, wine,
and liquor for off-site consumption is an ancillary use to the approved retail use, a
use 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 approved retail use where sale of beer, wine,
and liquor is not unexpected.
PC ATTACHMENT 4
12
Resolution No. PC-2012-
Page 2
C. The proposed use is compatible with the scale, visual character and design of
surrounding properties, in that the sale of beer, wine, liquor for off-site
consumption is an ancillary use to the approved retail use and does not require
any modifications 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 sale of beer, wine, and liquor for off-site consumption.
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 the sale of beer, wine, and liquor for off-site consumption.
SECTION 2. ADDITIONAL CONDITIONAL USE PERMIT FINDINGS FOR
ESTABLISHMENTS SELLING ALCOHOL BEVERAGES:
A. The use will not result in a detrimental overconcentration in the area of
establishments selling alcoholic beverages, in that the proposal is transferring
license within the same census tract;
B. The use will provide a public convenience and necessity, in that the sale from
this location of beer, wine, and liquor for off-site consumption accompanies a
wide variety or retail and service uses in the immediate vicinity;
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, wine, and liquor for off-
site consumption;
D. The requested use at the proposed location will not adversely affect the
economic welfare of the community; and
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 or impair property values within the
neighborhood in that no substantial exterior changes are proposed.
SECTION 3. PLANNING COMMISSION APPROVAL: the Planning
Commission herby approves Conditional Use Permit No. 2012-01 subject to the
Standard and Special Conditions of Approval found in Exhibit A attached.
13
Resolution No. PC-2012-
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 22nd day of May, 2012.
Kipp Landis, Chair
David A. Bobardt, Community Development Director
Exhibit A— Standard and Special Conditions of Approval
•
14
Resolution No. PC-2012-
Page 4
EXHIBIT A
STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR
CONDITIONAL USE PERMIT(CUP) No. 2012-01
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. 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.
2. 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.
3. The applicant shall defend, indemnify and hold harmless the City and its agents,
officers and employees from any claim, action or proceeding against the City or
its agents, officers or employees to attack, set aside, void, or annul any approval
by the City or any of its agencies, departments, commissions, agents, officers, or
employees concerning the permit, which claim, action or proceeding is brought
within the time period provided therefore in Government Code Section 66499.37.
The City will promptly notify the applicant of any such claim, action or
proceeding, and if the City should fail to do so or should fail to cooperate fully in
the defense, the applicant shall not thereafter be responsible to defend,
indemnify and hold harmless the City or its agents, officers and employees
pursuant to this condition.
a. The City may, within its unlimited discretion, participate in the defense of
any such claim, action or proceeding, if both of the following occur:
i. The City bears its own attorney fees and costs;
ii. The City defends the claim, action or proceeding in good faith.
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.
15
Resolution No. PC-2012-.
Page 5
4. 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.
5. The development must be in substantial conformance with the plans presented in
conjunction with the application for Conditional Use Permit No. 2012-01 except
any modifications as may be required to meet specific Code standards or other
conditions stipulated herein.
6. 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.
7. No person under the age of eighteen (18) shall sell packaged alcoholic
beverages.
8. Approval of a Zoning Clearance is required prior to the issuance of building
permits. All other permit and fee requirements must be met.
9. 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.
10. Conditional Use Permit No. 2012-01 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.
11. 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.
12. Areas inside the establishment open to customers must be illuminated sufficiently
to allow the identification of persons.
13. The applicant or his/her designee shall be responsible to police the exterior of the
business to assure that no alcoholic beverages are consumed within the parking
lot. The applicant shall not permit any loitering in the parking lot or in areas
adjacent to the store.
14. All Conditions of Approval for Commercial Planned Development No. 96-02
are incorporated by reference in this approval resolution and shall continue to
apply unless specifically modified by this permit. Inclusively the hours of
operation are limited to 6:00 a.m. to 12:00 a.m. (midnight).
16
Resolution No. PC-2012-
Page 6
15. No exterior advertising of any kind or type is allowed promoting or indicating the
availability of alcoholic beverages. Interior display/advertising of beer, wine, and
liquor that are clearly visible to the exterior shall constitute a violation of this
condition. Interior advertising or promotion of availability of beer and wine may
only be located within areas approved for the interior display of beer, wine, and
liquor merchandise subject to the Community Development Director approved
floor plan on file with the Community Development Department.
16. The permittee must correct any safety or security problem within thirty (30) days
upon written notice of such a problem from the Moorpark Police Department.
17. Closed-circuit television cameras shall provide monitoring and recording of the
sales counter to show employee/customer transactions, as well as, the reach-in
refrigerators and floor area. This system should have the capability to record 24
hours. This system shall be protected from access by employees and customers.
18. Any and all employees directly involved or supervising the sale 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 "Leadership and Education in Alcohol and Drugs" LEAD
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 (Santa Barbara ABC office)
to attend the LEAD program course. Alternatively, this course attendance
requirement may be met through a LEAD certified agency or company
approved by the State of California.
-END-
17
ITEM:. 8.B.
MOORPARK,CALIFORNIA
Planning Commission
of 5.22.2012-
ACTION: PeCWWD STAFF RECofyMEnv 4 n oN.
ADOPTED RES. NO. PL•2o1Z•. -O
BY: T. ceHz,E�
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: David A. Bobardt, Community Development; ector
Prepared by Joseph Fiss, Principal Planner
DATE: April 18, 2012 (PC Meeting of 05/22/12)
SUBJECT: Consider Resolution Approving Conditional Use Permit No. 2012-02, a
Request to Allow a Retail Tobacco and Accessories Store, Located at
252 Los Angeles Avenue Unit I within the Moorpark Grove Shopping
Center, on the Application of Anthony Fiumerodo (For Your Pleasure,
Inc.)
BACKGROUND
A Conditional Use Permit application was filed by Anthony Fiumerodo on April 9, 2012, to
allow a retail tobacco and accessories store, "For Your Pleasure," located at 252 Los
Angeles Avenue Unit I within the Moorpark Grove shopping center. The applicant proposes
to sell loose tobacco of various types that can be blended and turned into cigarettes in a
rolling machine provided inside the store. The applicant also proposes to sell smoking
accessories such as lighters, ashtrays, and pipes.
DISCUSSION
Project Setting
Existing Site Conditions:
The Moorpark Grove shopping center includes a mix of services, restaurants, and a coffee
shop. The shopping center shares the parking lot with the Tuscany Square shopping
center, which also has retail shops, services, grocery store, and restaurants. Access to
both centers is from Park Lane, Los Angeles Avenue, and Moorpark Avenue.
Previous Applications:
On July 20, 2005, the City Council approved Commercial Planned Development Permit No.
2004-02 for construction of the Moorpark Grove shopping center.
18
Honorable Planning Commission
May 22, 2012
Page 2
Conditional Use Permit No. 2005-02 was approved on September 27, 2005 to permit on-
site sale and consumption of alcoholic beverages in conjunction with food service at Don
Cuco Restaurant.
Conditional Use Permit No. 2007-03 was approved on May 22, 2007 to permit on-site sale
and consumption of alcoholic beverages in conjunction with food service at Viva La Pasta
Restaurant.
GENERAL PLAN/ZONING
Direction General Plan Zoning Land Use
General Commercial Commercial Planned
Site Shopping Center
(C-2) Development (CPD)
North General Commercial Commercial Planned Shopping Center
(C-2. .............................................................._Development....(C.P D)......_....._.............................._.
South Very High Density Residential Planned Multi-Family Residential
Residential.....(VH).........._.......................Development....(RPD)_......................................................._....._........_......_......._...................................................
East General Commercial Commercial Planned Shopping Center
-
(C-2) Development (CPD) pp g
West General Commercial Commercial Planned Shopping Center/
(C-2) Development (CPD) Church/Office Building
General Plan and Zoning Consistency:
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 Tobacco stores in the Commercial
Planned Development(CPD)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 issue areas for Planning
Commission consideration:
Neighborhood Compatibility:
The findings require that the proposed use to be compatible with existing and permitted
uses in the surrounding area for a Conditional Use Permit to be granted. The proposed
use is located within one thousand (1,000) feet of Villa Campesina Park, and Faith
Lutheran Church. However, there are no separation requirements for the proposed use.
The applicant has proposed hours of operation from 9:00 a.m. to 9:00 p.m., every day.
This is consistent with the permitted hours of operation of the shopping center, which are
6:00 a.m. to 10:00 p.m.
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Honorable Planning Commission
May 22, 2012
Page 3
It is important to ensure that the surrounding residential uses are not negatively impacted
by the introduction of this use. The attached resolution contains a condition that amplified
music within the facility may not be loud enough to be heard from outside of the facility.
Conditions have also been added regarding loitering and maintaining the rear door closed.
Two other tobacco stores exist in Moorpark. The Tobacco Zone located at 231 Los
Angeles Avenue is a legal non-conforming use, permitted prior to the Conditional Use
Permit requirement. Tobacco Zone is primarily a cigar/cigarette/tobacco store with limited
accessories available. Doughmain Smoke Shop located at 6593 Collins Drive was
approved under a Conditional Use Permit in 2008 and relocated within the same shopping
center under a new Conditional Use Permit in 2011. There is no record of Code
Compliance and neighborhood compatibility problems associated with either one of these
facilities. Conditions are recommended to prohibit the display of tobacco and smoking
accessories in areas viewable from the outside and to require signage prohibiting entry of
the store by minors.
Findings
1. The proposed use is consistent with the provisions of the general plan,
zoning ordinance, and any other applicable regulations in that tobacco stores 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 it is primarily a retail use proposed
within a retail shopping center;
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 prohibit
on-site smoking and loitering; and
5. The proposed use as conditioned would not be detrimental to the public
health, safety, convenience, or welfare in that the only products proposed to be sold are
legally sold and regulated within the State of California.
PROCESSING TIME LIMITS
Time limits have been established for the processing of development projects under the
Permit Streamlining A ct (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:
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20
Honorable Planning Commission
May 22, 2012
Page 4
Date Application Determined Complete: April 10, 2012
Planning Commission Action Deadline: July 10, 2012
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
Planning 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 Director has reviewed this project and found it to be Categorically Exempt in
accordance with Section 15301 (Class 1, Existing Facilities) of the California Code of
Regulations (CEQA Guidelines). 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-2012- , conditionally approving Conditional Use
Permit No. 2012-02.
ATTACHMENTS:
1. Location Map
2. Aerial Photograph
3. Floor Plan
4. Draft PC Resolution with Conditions of Approval
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21
Honorable Planning Commission
May 22, 2012
Page 5
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Honorable Planning Commission
May 22, 2012
Page 6
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S:\Community Development\DEV PMTS\C U P\2012\2012-02 For Your Pleasure,Inc\Agenda Reports\Staff Report.doc
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PC ATTACHMENT 3 24
RESOLUTION NO. PC-2012-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. 2012-02, A REQUEST TO
ALLOW A RETAIL TOBACCO STORE, LOCATED AT 252 LOS
ANGELES AVENUE UNIT I WITHIN THE MOORPARK GROVE
SHOPPING CENTER, ON THE APPLICATION OF ANTHONY
FIUMERODO
WHEREAS, at a duly noticed public hearing on May 22, 2012 the Planning
Commission considered Conditional Use Permit (CUP) No. 2012-02 on the application
of Anthony Fiumerodo, to allow "For Your Pleasure," a retail tobacco store, located at
252 Los Angeles Avenue Unit I.; and
WHEREAS, at its meeting of May 22, 2012 the Planning Commission considered
the agenda report and any supplements thereto and written public comments; opened
the public hearing and took and considered public testimony both for and against the
proposal; closed the public hearing and reached a decision on this matter; and
WHEREAS, the Planning Commission concurs with the Community Development
Director's determination that this project is Categorically Exempt from the provisions of
CEQA pursuant to Section 15301 as a Class 1 exemption for existing facilities.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. CONDITIONAL USE PERMIT FINDINGS: Based upon the
information set forth in the staff report(s), accompanying studies, and oral and written
public testimony, the Planning Commission makes the following findings in accordance
with City of Moorpark, Municipal Code Section 17.44.040:
1. The proposed use is consistent with the provisions of the general plan, zoning
ordinance, and any other applicable regulations in that tobacco stores 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 it is primarily a retail use proposed
within a retail shopping center;
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;
PC ATTACHMENT 4 25
Resolution No. PC-2010-
Page 2
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 prohibit on-site smoking and loitering; and
5. The proposed use as conditioned would not be detrimental to the public health,
safety, convenience, or welfare in that the only products proposed to be sold are
legally sold and regulated within the State of California.
SECTION 2. PLANNING COMMISSION APPROVAL: the Planning
Commission herby approves Conditional Use Permit No. 2012-02 subject to the
Standard and Special Conditions of Approval found in Exhibit A attached.
SECTION 3. FILING OF RESOLUTION: The Community Development
Director shall cause a certified resolution to be filed in the book of original resolutions.
The action of the foregoing direction was approved by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
PASSED, AND ADOPTED this 22nd day of May, 2012
Kipp Landis, Chair
David A. Bobardt, Community Development Director
Exhibit A— Standard and Special Conditions of Approval
•
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26
Resolution No. PC-2010-
Page 3
EXHIBIT A
STANDARD AND SPECIAL CONDITIONS OF APPROVAL
FOR CONDITIONAL USE PERMIT (CUP) No. 2012-02
STANDARD CONDITION 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 OF.APPROVAL
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. All Conditions of Approval for Commercial Planned Development Permit No.
2004-02 are incorporated by reference in this approval and shall continue to
apply unless specifically modified by this permit.
3. 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.
4. 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.
5. The applicant shall defend, indemnify and hold harmless the City and its agents,
officers and employees from any claim, action or proceeding against the City or
its agents, officers or employees to attack, set aside, void, or annul any approval
by the City or any of its agencies, departments, commissions, agents, officers, or
employees concerning the permit, which claim, action or proceeding is brought
within the time period provided therefore in Government Code Section 66499.37.
The City will promptly notify the applicant of any such claim, action or
proceeding, and if the City should fail to do so or should fail to cooperate fully in
the defense, the applicant shall not thereafter be responsible to defend,
indemnify and hold harmless the City or its agents, officers and employees
pursuant to this condition.
a. The City may, within its unlimited discretion, participate in the defense
of any such claim, action or proceeding, if both of the following occur:
i. The City bears its own attorney fees and costs;
ii. The City defends the claim, action or proceeding in good faith.
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27
Resolution No. PC-2010-
Page 4
b. The applicant shall not be required to pay or perform any settlement of
such claim, action or proceeding unless the settlement is approved by
the applicant. The applicant's obligations under this condition shall
apply regardless of whether a building permit is ultimately obtained, or
final occupancy is ultimately granted with respect to the permit.
6. 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.
7. The development must be in substantial conformance with the plans presented in
conjunction with the application for Conditional Use Permit No. 2012-02, except
any modifications as may be required to meet specific Code standards or other
conditions stipulated herein.
8. All necessary permits must be obtained from the Building and Safety Department
and all construction shall be in compliance with the Moorpark Building Code and
all other applicable regulations.
9. Approval of a Zoning Clearance is required prior to the issuance of building
permits. All other permit and fee requirements must be met.
10. Entertainment is not approved as part of this Conditional Use Permit and requires
approval of a separate permit.
11. Security personnel must be provided to monitor the exterior area(s) designated
for use by customers of the facility 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 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.
12. 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.
13. No person under the age of eighteen (18) is allowed to enter and remain within
the facility at any time. Signage must be posted on the door indicating this
prohibition to the satisfaction of the Community Development Director.
14. No person under the age of eighteen (18) may sell or package tobacco products
or smoking paraphernalia.
15. 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.
16. Hours of operation allowed by this Conditional Use Permit are limited to between
9:00 a.m. and 9:00 p.m.
17. Areas inside the establishment open to customers must be illuminated sufficiently
to allow the identification of persons.
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28
Resolution No. PC-2010-
Page 5
18. The applicant or his/her designee shall be responsible to police the exterior of the
business to assure that there is no loitering of store customers in the parking lot
or in areas adjacent to the facility. The rear door must remain closed and locked
during business hours.
19. No exterior advertising of any kind or type is allowed promoting or indicating the
availability of tobacco or tobacco accessories, except within the name of the
facility on a permitted sign. Interior advertising and displays for tobacco or
tobacco accessories that are clearly visible to the exterior constitute a violation of
this condition.
20. The permittee must correct any safety or security problem within thirty (30) days
upon written notice of such a problem from the Moorpark Police Department.
21. Conditional Use Permit No. 2012-02 may be revoked or its use suspended by the
City, if any of the causes listed in Section 17.44.100.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.
22. 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.
23. The applicant shall comply with Chapter 8.32 PROHIBITING SMOKING IN
PUBLIC PLACES at all times and shall provide signs consistent with Chapter
8.32.040 to the satisfaction of the Community Development Director, prior to
initiation of the uses allowed by this permit.
-End-
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29
ITEM: 8.C.
MOORPARK,CALIFORNIA
Planning Commission
of 5. 22. 2012
ACTION:mieggivEpAnNEERecalmwkart b.1.
,Ar\rPV ij RES. No. PC. 2c •S/I
BY: T. 0i:+-11.C2..
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: David A. Bobardt, Community Developmen' ,I it°ctorl)
Prepared by Joseph Fiss, Principal Planner
DATE: April 18, 2012 (PC Meeting of May 22, 2012) f
SUBJECT: Consider Resolution Approving Modification No. 1 to Conditional
Use Permit 2010-02, a Modification to Allow an Expansion of the
Existing Sanctuary and to Add Two New Classrooms and a Corridor
Within the Existing Floor Area of the Building Located at 379/383
Science Drive on the Application of Gordon Duncan for Cornerstone
Community Church
BACKGROUND
On February 23, 2010, the Planning Commission adopted Resolution No. PC-2010-552
approving Conditional Use Permit (CUP) No. 2010-02 to allow approximately 26,000
square feet of an existing 40,455 square foot industrial building to be used as a place of
worship with accessory office and classroom uses at 379 Science Drive. The applicant
is now requesting a modification to allow an expansion of the existing sanctuary and to
add two new classrooms and corridor within the existing floor area of the building. This
will add approximately 6,274 square feet to the place of worship, leaving approximately
8,941 SF of light industrial space in the building, which is planned to remain as
warehousing and offices.
DISCUSSION
Project Setting
Existing Site Conditions:
The 57-acre Freeway Business Center includes a mix of office, light manufacturing,
warehouse, and distribution uses. Access to the center is from Los Angeles Avenue,
west of State Route 23. The existing 40,455 square foot industrial building sits on a
2.28 acre site on the west side of Science Drive within the industrial park.
\\DC1\Department Share\Commundy Development\DEV PMTS\C U P12010\2010-02 Cornerstone Community Church\MOd No 1 to CUP 2010-02 agenda Reports\PC Agenda Report 220512.docx
•
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Honorable Planning Commission
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Page 2
Previous Applications:
On February 5, 1997, the City Council approved Industrial Planned Development Permit
No. 96-2 for construction of six industrial buildings, and on May 18, 1997, the Planning
Commission approved Tentative Parcel Map No. 4287 for subdivision of the 6.957acre
site into five lots. On February 23, 2010, the Planning Commission adopted Resolution
No. PC-2010-552, approving CUP No. 2010-02 for the existing church use.
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. Places of worship are compatible with this designation. The Zoning Ordinance
requires Planning Commission approval of a Conditional Use Permit for places of
worship 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.
Project Summary
Proposed Project
Architecture:
The exterior of the building will remain unchanged. The previous CUP approved two roll
up doors at the rear of the building to be converted to glass "storefront" doors for
pedestrian entry and exit. These changes are not visible from Science Drive, although
the proposed doors are the main entrance during worship periods and other group
activities.
Parking:
The proposed modification will increase the demand for parking. A complete review of
this issue is provided below in the Analysis section.
Land Use Compatibility:
The Moorpark Zoning Ordinance allows "Places of Worship" subject to a Conditional
Use Permit in the M-1 (Industrial Park) zone. Light industrial, warehousing, and
business office uses are typically not in operation on weekends, which is when most
places of worship have the greatest demand for parking. Places of worship do
sometimes outgrow their facility over time, which could result in parking problems.
Conditional Use Permit 2010-02 was approved for a period of fifteen (15) years, to
February 23, 2025. The condition allowed the permit to be renewed for five (5) year
intervals by the Community Development Director through a Permit Adjustment
provided compliance with all terms of the original Conditional Use Permit can be shown.
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Honorable Planning Commission
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Page 3
ANALYSIS
Issues
Staff analysis of the proposed project has identified the following issue area for Planning
Commission consideration:
Parking
Parking Supply: 101 parking spaces are provided on site to serve both the existing light
industrial use and the proposed church at 379 Science Drive. Street parking is not
available on Science Drive.
Parking Demand: For places of religious worship, the Zoning Ordinance requires one
(1) parking space per eighty (80) square feet of main auditorium (sanctuary or place of
worship) and classrooms, plus one (1) parking space per three-hundred (300) square
feet of offices. This requirement is based on the most intense parking need, when the
sanctuary is in use. Places of worship are unique in that their parking requirements
differ based on the activities occurring at any particular time. Additionally, the parking
ordinance allows shared parking, reducing the minimum required parking spaces by up
to twenty-five (25) percent when it can be determined that due to the operational
characteristics of the on-site uses, parking demands will occur at different times and
also that, when a parking standard is not indicated the parking standard can be
established based on the type of use, location of use, number of employees, traffic
generated and good planning practice. This allows flexibility in parking standards for
unique circumstances.
For the originally proposed use, the parking ordinance required 77 parking spaces for
6,129 square feet of main auditorium and classrooms AND 4 parking spaces for 1,336
square feet of offices. It should be noted that this does not take into consideration
conference rooms, multi-purpose rooms, childcare areas, and other accessory areas
such as restrooms and lobbies. The originally remaining light industrial use in the other
part of the building required 19 parking spaces, bringing the total parking required for
the site to 100 spaces for CUP 2010-02, one less than the 101 spaces provided on site.
Under the Modification, the parking ordinance would require 119 parking spaces for
approximately 9500 square feet of main auditorium and classrooms AND 4 parking
spaces for 1336 square feet of offices. The remaining industrial use in the other part of
the building (8941 square feet) would require 18 parking spaces, bringing the total
parking required for the site to 141 spaces, leaving a deficit of 40 parking spaces.
The applicant has provided a preliminary agreement with the owner of the adjacent
building at 405 Science Drive, indicating that they will be allowed the use of all 382
parking spaces on weekends and certain holidays approved in advance by the owner,
much more than the required 141 parking spaces. The proposed expanded sanctuary
shows seating for 630 people. A rule of thumb for facilities of this nature is that, on
average, one parking space is needed for every 3.5 seats, meaning that, if all the seats
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Honorable Planning Commission
May 22, 2012
Page 4
are taken during a major event, 180 parking spaces would be needed (This is the
standard required by the Moorpark Municipal Code for "Theaters, amphitheaters and
the like" with fixed seats). The 101 on-site parking spaces and 382 off-site parking
spaces would more than accommodate such a condition.
Findings
1. The proposed use is consistent with the provisions of the general plan,
zoning ordinance, and any other applicable regulations in that places of worship 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 primary hours of operation do not
conflict with those of 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 only limited 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; and
5. The proposed use as conditioned would not be detrimental to the public
health, safety, convenience, or welfare in that the operation of this place of worship is
compatible with the surrounding light industrial uses due to the hours of operation and
that conditions have been imposed limiting hours of operation and requiring appropriate
parking for the facility.
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: March 20, 2012
Planning Commission Action Deadline: June 20, 2012
Upon agreement by the City and Applicant, one 90-day extension can be granted to the
date action must be taken on the application.
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Honorable Planning Commission
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Page 5
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 this project to be Categorically
Exempt in accordance with Section 15301 (Class 1: Existing Facilities) of the California
Code of Regulations (CEQA Guidelines). 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-2012- approving Modification No. 1 to Conditional
Use Permit 2010-02.
ATTACHMENTS:
1. Location Map
2. Aerial Photograph
3. Project Exhibits
A. Site Plan
B. Floor Plan
4. Draft PC Resolution with Conditions of Approval
34
Honorable Planning Commission
May 22, 2012
Page 6
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35
Honorable Planning Commission
May 22, 2012
Page 7
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PC ATTACHMENT 3.B. 38
RESOLUTION NO. PC-2012-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, APPROVING
MODIFICATION NO. 1 TO CONDITIONAL USE PERMIT NO.
2010-02, A MODIFICATION TO ALLOW AN EXPANSION OF THE
EXISTING SANCTUARY AND TO ADD TWO NEW
CLASSROOMS AND A CORRIDOR WITHIN THE EXISTING
FLOOR AREA OF THE BUILDING LOCATED AT 379/383
SCIENCE DRIVE ON THE APPLICATION OF GORDON DUNCAN
FOR CORNERSTONE COMMUNITY CHURCH
WHEREAS, at a duly noticed public hearing on May 22, 2012, the Planning
Commission considered Modification No. 1 To Conditional Use Permit 2010-02 on the
application of Gordon Duncan for Cornerstone Community Church for a to allow an
expansion of the existing sanctuary and to add two new classrooms and corridor within
the existing floor area of the building located at 379/383 Science Drive.; and
WHEREAS, at its meeting of May 22, 2012, the Planning Commission
considered the agenda report and any supplements thereto and written public
comments; opened the public hearing and took and considered public testimony both
for and against the proposal; closed the public hearing and reached a decision on this
matter; and
WHEREAS, the Planning Commission concurs with the Community Development
Director's determination that this project is Categorically Exempt from the provisions of
CEQA pursuant to Section 15301 as a Class 1 exemption for existing facilities.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. CONDITIONAL USE PERMIT FINDINGS: Based upon the
information set forth in, the staff report(s), accompanying studies, and oral and written
public testimony, the Planning Commission makes the following findings in accordance
with City of Moorpark, Municipal Code Section 17.44.040:
1. The proposed use is consistent with the provisions of the general plan, zoning
ordinance, and any other applicable regulations in that places of worship 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 primary hours of operation do not
conflict with those of the surrounding business park;
PC ATTACHMENT 4
39
Resolution No. PC-2012-
Page 2
3. The proposed use as conditioned is compatible with the scale, visual character,
and design of surrounding properties in that there will be only limited 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; and
5. The proposed use as conditioned would not be detrimental to the public health,
safety, convenience, or welfare in that the operation of this place of worship is
compatible with the surrounding light industrial uses due to the hours of operation
and that conditions have been imposed limiting hours of operation and requiring
appropriate parking for the facility.
SECTION 2. PLANNING COMMISSION APPROVAL: The Planning
Commission hereby approves Conditional Use Permit No. 2012- subject to the
Standard and Special Conditions of Approval found in Exhibit A attached.
SECTION 3. FILING OF RESOLUTION: The Community Development
Director shall cause a certified resolution to be filed in the book of original resolutions.
The action of the foregoing direction was approved by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
PASSED, AND ADOPTED this 22nd day of May 2012.
Kipp Landis, Chair
David A. Bobardt, Community Development Director
Exhibit A: Standard and Special Conditions of Approval
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40
Resolution No. PC-2012-
Page 3
EXHIBIT A
CONDITIONS OF APPROVAL FOR
MODIFICATION NO. 1 TO CONDITIONAL USE PERMIT 2010-02
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 development shall be in substantial conformance with the plans
presented in conjunction with the application for Modification No. 1 to
Conditional Use Permit 2010-02, except any modifications as may be
required to meet specific Code standards or other conditions stipulated
herein.
3. All conditions of approval of Conditional Use Permit 2010-02 shall continue to
apply, except as revised herein.
4. A separate sign permit application is required for all proposed signs; all signs
must be consistent with any approved master sign program for the shopping
center, which is subject to the review and approval of the Community
Development Director.
5. The applicant shall defend, indemnify and hold harmless the City and its
agents, officers and employees from any claim, action or proceeding against
the City or its agents, officers or employees to attack, set aside, void, or annul
any approval by the City or any of its agencies, departments, commissions,
agents, officers, or employees concerning the permit, which claim, action or
proceeding is brought within the time period provided therefore in
Government Code Section 66499.37. The City will promptly notify the
applicant of any such claim, action or proceeding, and if the City should fail to
do so or should fail to cooperate fully in the defense, the applicant shall not
thereafter be responsible to defend, indemnify and hold harmless the City or
its agents, officers and employees pursuant to this condition.
a. The City may, within its unlimited discretion, participate in the defense
of any such claim, action or proceeding, if both of the following occur:
i. The City bears its own attorney fees and costs;
ii. The City defends the claim, action or proceeding in good faith.
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41
Resolution No. PC-2012-
Page 4
b. The applicant shall not be required to pay or perform any settlement of
such claim, action or proceeding unless the settlement is approved by
the applicant. The applicant's obligations under this condition shall
apply regardless of whether a building permit is ultimately obtained, or
final occupancy is ultimately granted with respect to the permit.
6. 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.
7. All necessary permits must be obtained from the Building and Safety
Department and all construction shall be in compliance with the Moorpark
Building Code and all other applicable regulations.
8. Approval of a Zoning Clearance is required prior to the issuance of building
permits. All other permit and fee requirements must be met.
9. Prior to issuance of a Zoning Clearance for construction, a shared parking
agreement with authorized signature(s) from property owners and tenants
shall be submitted in a form to the satisfaction of the Community
Development Director and City Attorney demonstrating the availability of at
least 40 off-site parking spaces during scheduled worship service times in
addition to the 101 available on-site parking spaces. The initial agreement
shall provide the spaces for at least one year and include a 30-day
cancellation clause. The applicant shall notify the City Community
Development Director in writing within 24 hours at any time the shared
parking agreement is changed or revoked. Within 7 days after notice to the
City, the applicant shall submit to the satisfaction of the Community
Development Director a proposal to provide for alternative off-site parking
and/or a change in programming of the building to ensure sufficient off-street
parking is maintained.
-END-
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42
ITEM: 8.D.
MOORPARK,CALIFORNIA
Planning Commission
of 5.22.2-ol2
ACTION:2PP_MEL -srakE ttF oMn� •
fl s ,jo PG 29j2 S?2
BY: T
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: David A. Bobardt, Community Development Director
DATE: April 26, 2012 (PC Meeting of 5/22/2012)
SUBJECT: Consider Resolution Recommending to the City Council Approval of
Zoning Ordinance Amendment No. 2012-01: an Amendment to
Section 17.44.030 (Zoning Clearance) and Subsection C (Planned
Development (PD) Permit) of Section 17.44.040 (Discretionary
Permits and Exceptions) of Chapter 17.44 (Application Review
Procedures) of the Zoning Ordinance Related to Changes in Color on
Existing Buildings
BACKGROUND
On March 21, 2012, the City Council considered a change in trim color on a concrete
tilt-up industrial building where staff did not have discretion to approve the change, as
an original condition of approval on the planned development permit for the building
stated, "All exterior building materials and paint colors shall be as submitted." Along
with approving the color change, the City Council directed staff to create a process that
would allow staff discretion on color changes so these types of requests would not need
to be subject to City Council review. On April 18, 2012, the City Council adopted
Resolution No. 2012-3099, directing the Planning Commission to study, hold a public
hearing, and provide a recommendation to the City Council on an amendment to the
Zoning Ordinance related to changes in color on existing buildings.
DISCUSSION
On March 18, 2009, the City Council adopted Resolution No. 2009-2799, adopting
Standard Conditions of Approval to be used for development projects. Standard
Condition No. 55(d) for Planned Development Permits calls for:
"Final exterior building materials and paint colors consistent with the approved plans
under this permit. Any changes to the building materials and paint colors are subject to
the review and approval of the Community Development Director."
S:\Community Development\DEV RATS\Z 0 A\2012\01 Changes in Color\PC 20120522 Rpt.docx
43
Honorable Planning Commission
May 22, 2012
Page 2
Before the adoption of the Standard Conditions of Approval, some projects gave
discretion to the Community Development Director on final colors and materials while
some projects required the colors to be "as submitted," requiring any changes to be
considered by the original decision maker. As these buildings get older, staff has been
receiving more requests for color changes both to keep up with changing tastes as well
as to satisfy the needs of new building tenants.
To provide clarity on this matter, staff recommends an amendment to the application
review procedures in Chapter 17.44 to allow the issuance of a Zoning Clearance by the
Community Development Director for changes in building colors, with specific language
included in the attached draft resolution in underline/strikeout format. The
recommended language ensures that colors approved by staff would be appropriate
and consistent with the General Plan and all Specific Plans in that the Community
Development Director would have to find that the new colors are compatible with the
architectural design of the building and that the new colors are consistent with the
original findings and conditions of approval for the building. Proposed color changes
that do not meet the original findings and conditions of approval would require a
Modification application to be considered by the original decision-making body.
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.
The Director has reviewed this proposed Zoning Ordinance Amendment and found it to
qualify for a General Rule Exemption in accordance with Section 15061 of California
Code of Regulations (CEQA Guidelines) in that CEQA only applies to projects which
have the potential for causing a significant effect on the environment. 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-2012- recommending to the City Council approval
of Zoning Ordinance Amendment No. 2012-01.
ATTACHMENT:
1. Draft Resolution
44
RESOLUTION NO. PC-2012-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY
COUNCIL APPROVAL OF ZONING ORDINANCE AMENDMENT
NO. 2012-01: AN AMENDMENT TO SECTION 17.44.030 (ZONING
CLEARANCE) AND SUBSECTION C (PLANNED DEVELOPMENT
(PD) PERMIT) OF SECTION 17.44.040 (DISCRETIONARY
PERMITS AND EXCEPTIONS) OF CHAPTER 17.44
(APPLICATION REVIEW PROCEDURES) OF TITLE 17 (ZONING)
OF THE MOORPARK MUNICIPAL CODE RELATED TO
CHANGES IN COLOR ON EXISTING BUILDINGS
WHEREAS, at its meeting of May 22, 2012, the Planning Commission
conducted a duly-noticed public hearing on Zoning Ordinance Amendment No.
2012-01: an Amendment to Section 17.44.030 (Zoning Clearance) and
Subsection C (Planned Development (PD) Permit) of Section 17.44.040
(Discretionary Permits and Exceptions) of Chapter 17.44 (Application Review
Procedures) of Title 17 (Zoning) of the Moorpark Municipal Code Related to
Changes in Color on Existing Buildings, received public testimony on the
proposed amendment, and after receiving oral and written public testimony,
closed the public hearing and reached a decision; and
WHEREAS, at its meeting of May 22, 2012, 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; and reached a decision on this matter; and
WHEREAS, the Planning Commission concurs with the Community.
Development Director's determination that this project is exempt from the
provisions of the California Environmental Quality Act by the general rule that
CEQA only applies to projects that may have a significant effect on the
environment.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. GENERAL PLAN AND SPECIFIC PLAN
CONSISTENCY: The Planning Commission finds Zoning Ordinance Amendment
No. 2012-01 to be consistent with the City of Moorpark General Plan and all
adopted Specific Plans.
SECTION 2. RECOMMENDATION: The Planning Commission
recommends to the City Council approval of Zoning Ordinance Amendment No.
2012-01: an Amendment to Section 17.44.030 (Zoning Clearance) and
Subsection C (Planned Development (PD) Permit) of Section 17.44.040
(Discretionary Permits and Exceptions) of Chapter 17.44 (Application Review
PC ATTACHMENT 1
45
Resolution No. PC-2012-
Page 2
Procedures) of Title 17 (Zoning) of the Moorpark Municipal Code Related to
Changes in Color on Existing Buildings, as recommended by staff and shown in
Exhibit A, attached.
SECTION 3. FILING OF RESOLUTION: The Community Development
Director shall cause a certified resolution to be filed in the book of original
resolutions.
The action of the foregoing direction was approved by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
PASSED AND ADOPTED THIS 22nd DAY OF MAY, 2012.
Kipp Landis, Chair
David A. Bobardt, Community Development Director
Exhibit A: Draft Amendment
46
Resolution No. PC-2012-
Page 3
EXHIBIT A
Draft Amendment to Section 17.44.030 (Zoning clearance) and Subsection
C (Planned Development (PD) Permit) of Section 17.44.040 (Discretionary
permits and exceptions) of Chapter 17.44 (Application Review Procedures)
of Title 17 (Zoning) of the Moorpark Municipal Code
Section 17.44.030 is amended as follows:
17.44.030 Zoning clearance.
A. Purpose. A zoning clearance is a permit that is granted on the basis
of a ministerial decision by the community development director or designee
without a hearing. A zoning clearance certifies that a proposed use of land or
structures meets all requirements of this title and the applicable conditions of any
previously approved discretionary planned development permit, administrative
permit and/or conditional use permit.
B. Applicability. Except as provided in Chapter 17.20 of this title, a
zoning clearance is required prior to the implementation of uses of land or
structures, construction requiring building permits and the commencement of any
activity authorized by a permit or subdivision granted in accordance with the
zoning and subdivision ordinances of the city. A zoning clearance shall be issued
if the proposed uses of land or structures:
1. Are permissible under the present zoning on the land and the city's
zoning and subdivision ordinances, planned development permit or conditional
use permit;
2. Are compatible with the policies and land use designations
specified in the general plan, and any applicable specific plan;
3. Comply with the applicable terms and conditions of any applicable
permit or other entitlement;
4. Are not located on the same site where a violation of this code
exists or are not in violation of the terms of an existing permit covering the site or
structure, unless the zoning clearance is necessary to abate the violation;
5. Are not being requested by or on a site where there are outstanding
entitlement, processing or condition compliance fees owed to the city; and
6. Are consistent with the portions of the county hazardous waste
management plan that identify specific sites or siting criteria for hazardous waste
facilities.
47
Resolution No. PC-2012-
Page 4
C. Zoning clearance for changes to building colors. For commercial,
industrial, or institutional buildings originally approved prior to Cif Council
adoption of Resolution No. 2009-2799 (Standard Conditions of Approval) on
March 18 2009 a zonin• clearance ma be issued to a• •rove a chan•e in color
for an existing building, structure, or other on-site improvement, provided that the
community development director is able to find that the new color(s) is (arel
compatible with the architectural design of the building, structure, or other on-site
im•rovement and consistent with the oils inal findin•s and conditions of
approval. This zoning clearance authority is intended to modify any condition of
approval for a planned developmentpermit or other entitlement approved prior to
March 18, 2009 requiring city council or planning commission approval fora color
change.
CD. Expiration. Zoning clearances shall expire one hundred eighty (180)
days after issuance, unless otherwise indicated by the community development
director on the clearance or unless the use of land or structures or building
construction has commenced and is being diligently pursued, as evidenced by
current inspections and/or valid building permits.
Subsection C of Section 17.44.040 is amended as follows:
17.44.040 Discretionary permits and exceptions
C. Planned Development (PD) Permit. A planned development permit
is required prior to initiation of uses and structures in a given zone as specified in
Chapter 17.20 of this title where review by the planning commission and city
council through a public hearing process is required to assure the project design
complies with the provisions of this title and the general plan, and is compatible
with neighboring properties. A planned development permit application is subject
to site plan and architectural review and may be approved, conditionally
approved, or denied. Heights, setbacks, sizes, locations, architectural styles and
colors of all proposed buildings, structures and other on-site improvements,
landscaping design, neighborhood design, and permitted land uses shall be
established as part of the planned development permit review and approval
process. Any change to the initial permitted land uses shall require a modification
consistent with the requirements of Section 17.44.100 of this chapter, except as
permitted by Section 17.44.030.0 of this chapter. The planning commission and
city council shall each hold at least one (1) public hearing on any planned
development permit application. Following a public hearing, the planning
commission shall make a written recommendation to the city council whether to
approve, conditionally approve, or deny the application. The city council shall be
48
Resolution No. PC-2012-
Page 5
the decision authority for all planned development permits. Prior to approving,
conditionally approving, or denying an application for a planned development
permit, the city council shall adopt written findings, by resolution, based upon
substantial evidence in view of the whole record to justify the decision. In order
for a planned development permit to be approved, the city council shall find that:
1. The site design, including structure location, size, height, setbacks,
massing, scale, architectural style and colors, and landscaping, is consistent with
the provisions of the general plan, any applicable specific plans, zoning
ordinance, and any other applicable regulations;
2. The site design would not create negative impacts on or impair the
utility of properties, structures or uses in the surrounding area; and
3. The proposed uses are compatible with existing and permitted uses in
the surrounding area.
- End -
•
49
ITEM 9.A.
MOORPARK,CALIFORNIA
Planning Commission
of 5 2 2.•2.0 12-
ACTION:apppfkoVEO STAFF
Re com 01.-) •
BY: T. peel...Ea.,
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: Dave Klotzle, City Engineer/Public Works Director
DATE: May 16, 2012 (Meeting of 05/22/12)
SUBJECT: Consider Draft Seven-Year Capital Improvement Program for the
Department of Public Works for FY 2011/12— FY 2017/18
BACKGROUND
The City's seven-year Capital Improvement Program (CIP) for the Department of Public
Works is typically updated annually; however, the CIP was not updated in 2011. Staff
has prepared a draft of the updated CIP for FY 2011/12 — FY 2017/18 (attached).
As in past years, prior to City Council action approving the CIP, it is necessary that the
Planning Commission first review the document and render a finding with regard to its
conformity with the Circulation Element of the Moorpark General Plan, as required by
Section 65401 of the Government Code of the State of California. This staff report
summarizes the recommended changes from the previous CIP, and requests that the
Planning Commission render its finding with regard to General Plan conformity.
Also included in this report is a description of certain projects which require acquisition
of additional street right-of-way, and a request that said acquisitions are also in
conformance with the Circulation Element of the Moorpark General Plan, as required by
Section 65402 of the Government Code of the State of California.
DISCUSSION
A. General Plan Conformity
Public Works, Engineering and Community Development staff has reviewed the
draft CIP and have confirmed the following:
50
Honorable Planning Commission
May 22, 2012
Page 2
1) All of the future streets and other Public Works projects listed in the Circulation
Element and other elements of the Moorpark General Plan have been included
in the CIP.
2) The Circulation Element of the Moorpark General Plan designates Moorpark
Avenue to be a two lane local collector. CIP Project 113: Moorpark Avenue
Widening calls for the widening of Moorpark Avenue to more than two (2)
lanes. Said project is, therefore, inconsistent with the provisions of the
Circulation Element of the Moorpark General Plan.
3) Except as noted above, the projects listed in the subject draft CIP are in
conformance with the Moorpark General Plan.
Staff is currently working to update and revise the Circulation Element. Staff will
present this document to the City Council within the next fiscal year. It is the intent
of staff to include in the recommended changes, a different designation for
Moorpark Avenue which will allow for more than two (2) lanes of traffic.
B. Right-of-Way Acquisition
The following projects will require acquisition of additional street right-of-way:
Code Project Name
Number Number
104 8026 Spring Road Widening
105 8012 Princeton Avenue Widening
106 8013 Los Angeles Avenue Widening east of Moorpark Avenue
107 8069 Spring Road /Charles Bus Turn-Out
115 8061 North Hills Parkway*
117 8045 23 FWY North Alignment*
* The majority of right-of-way required by these projects will be dedicated to the
City by developers.
Section 65402 of the Government Code of the State of California requires the
Planning Commission to make a finding as to the conformity of street right-of-way
acquisitions for the above stated projects, with the Circulation Element of the
Moorpark General Plan.
Public Works, Engineering and Community Development staff have reviewed the
above cited list of projects requiring street right-of-way acquisition, and have.found
said acquisitions to be in conformance with the Moorpark General Plan.
51
Honorable Planning Commission
May 22, 2012
Page 3
B. New Projects
The following projects have been added to the CIP since the previous update:
Code Project
Name
Number Number
122 TBD Alderbrook Street Asphalt Overlay
129 TBD Asphalt Overlay on Spring Road, Princeton Avenue and
Poindexter Avenue
207 TBD Civic Center Pedestrian Access and Bus Stop
Improvements
STAFF RECOMMENDATIONS
1. Find the draft Seven Year Capital Improvement Program for the Department of
Public Works for FY 2011/12 — FY 2017/18 to be in conformity with the Moorpark
General Plan, except as noted above.
2. Find the planned acquisition of street right-of-way for certain specified projects
described in this report, to be in conformity with the Moorpark General Plan.
ATTACHMENT:
1. Draft CIP for FY 2011/12 — FY 2017/18 (Undercover Separate Cover)
52
DRAFT CIP FOR FY 2011/12 - FY 2017/18
(UNDER SEPARATE COVER)
COPIES OF THE EXHIBITS ARE AVAILABLE
UPON REQUEST OF THE PROJECT PLANNER
PC ATTACHMENT 1 53
MOORPARK,CALIFORNIA
Planning Commission ITEM: 10.A.
of 5 .2Z- 2ot
ACTION:
REcorogypen MINUTES OF THE PLANNING COMMISSION
T. oett-L-ese_.
BY: Moorpark, California March 27, 2012
A Regular Meeting of the Planning Commission of the City of Moorpark was held on
March 27, 2012, in the Council Chambers of said City located at 799 Moorpark Avenue,
Moorpark, California.
1. CALL TO ORDER:
Chair Landis called the meeting to order at 7:03 p.m.
2. PLEDGE OF ALLEGIANCE:
Joyce Figueroa, Administrative Assistant, led the Pledge of Allegiance.
3. ROLL CALL:
Present: Planning Commissioners Gould, Groff, Hamous, Vice Chair
Di Cecco, and Chair Landis.
Staff Present: David Bobardt, Community Development Director; Joseph
Vacca, Principal Planner; and Joyce Figueroa,
Administrative Assistant.
4. PROCLAMATIONS, COMMENDATIONSAND 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: Commissioner Hamous moved and Commissioner Groff seconded a
motion to nominate Chair Landis as Chair. The motion carried by voice vote 4:0;
Commissioner Gould opposed.
5,1
Minutes of the Planning Commission
Moorpark, California Page 2 March 27, 2012
MOTION: Chair Landis nominated Vice Chair Di Cecco as Vice Chair. Vice
Chair Di Cecco declined. Motion failed due to lack of second.
MOTION: Commissioner Groff moved and Vice Chair Di Cecco seconded a
motion to nominate Commissioner Gould as Vice Chair. The motion carried by
voice vote 4:0; Commissioner Hamous opposed.
At this point in the meeting the Commission recessed to allow the Chair and Vice Chair
to be seated. The time was 7:05 p.m. The Planning Commission meeting reconvened
at 7:06 p.m.
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
CUP 2003-05 National Ready Mixed (Continued from August 26,
2009 to a date uncertain)
ii. Rescinding Toll Mazur DA, GPA, ZC
iii. ZOA Emergency Shelters and RLUIPA
Mr. Bobardt announced the Special City Council and Planning Commission joint
meeting will be on May 9, 2012, at 7:00 p.m.
Vice Chair Gould announced the Southern California Association of
Governments (SCAG) Regional Conference and General Assembly meeting will
be on April 5, 2012, at the Biltmore Hotel Los Angeles to discuss the Regional
Transportation Plan.
Commissioner Hamous announced that he, along with Commissioner Groff, and
Chair Landis attended the 2012 Planners Institute and Mini Expo in San Jose on
March 20 —22, and thanked the City for allowing them to attend.
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Minutes of the Planning Commission
Moorpark, California Page 3 March 27, 2012
8. PUBLIC HEARINGS: (next Resolution No. PC-2011-568)
A. Consider General Plan Amendment 2012-02, an Amendment to the
General Plan to Adopt the 2008-2014 Housing Element Update. Staff
Recommendation: 1) Open the public hearing, accept public testimony
and close the public hearing; 2) Adopt Resolution No. PC-2012-568
recommending to the City Council adoption of a Negative Declaration and
approval of General Plan Amendment No. 2012-02 for the 2008-2014
Housing Element Update. (Staff: Joseph Vacca)
Mr. Vacca introduced John Douglas, Consultant, John Douglas and
Associates, to provide the staff report and presentation. Mr. Douglas
presented the Housing Element overview and outlined the aspects and the
policy implications of the Housing Element of the General Plan.
A discussion followed among Commissioners and staff regarding: 1) The
Housing Element not being fixed in time; 2) most of the census data has
been updated and is from 2010 data; 3) updates have been completed to
the building code and are reflected under the governmental constraints
section of the Housing Element as it notes recent updates to the building
code; 4) CAL Green building codes have been implemented; 5) 25.8 acres
is going to be required to be rezoned to the new R.P.D. 20 units per acre
density category; 6) inclusion of the emergency shelters and SRO's is
occurring in C2 zone; 7) freezing things in time, the goals and policies
contain some carry overs from the prior element, some of goal dates have
past already, how do these fit into the picture at this point; 8) when rezone
of properties to the higher density of R.P.D. 20 units per acre, will these
properties be required to build only low-moderate housing o or will a
certain percentage be used for low-moderate housing; 9) is it possible for
an increase in the density of a zone over and above the 20 units per acre
zoning to increase some of the low-moderate units available that the
developer may want to develop; 10) low income tax credit programs; 11)
some of the properties that the former Redevelopment Agency owned are
now owned by the successor agency, any consideration to zoning these
properties to a higher density to allow for affordable low-income housing;
12) if the City does not meet the housing goals, because of a lack of the
additional funding, are there any repercussions to the City at a future date;
13) does the Redevelopment Agency remain in the document even though
they no longer exist; 14) programs for housing trust fund for in lieu fees
that allow the developer not to build a certain percentage of low-moderate
income housing as required on a project (requiring a payment of an in-lieu
fee), will remain intact; 15) new programs and fees to the City for multi-
family, single-family, and mobile homes, are any of the development fees
going to be part of the new program; and 14) discussion regarding Policy
•
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Minutes of the Planning Commission
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2.3 and Policy 2.4 will be looking at and considering adequate residential
sites and mixed use projects.
The Commission commended staff and the Consultant on doing an
excellent presentation on the Housing Element.
Chair Landis opened the public hearing.
Tanya McMahan, Child Development Resources of Ventura County,
spoke in support of the Housing Element Update. Ms. McMahan
applauded the Commission and Planning staff for an excellent Housing
Element to the General Plan and stated that Moorpark is very progressive
by adding child care elements in their proposed Housing Element program
and that this is a success story.
Sonja Flores, Coordinator, House Farm Workers of Ventura County,
indicated that while there was support for the 2008-2014 Housing Element
Update, comments relating to farm worker housing will be prepared for
City Council consideration.
In response to Chair Landis, Mr. Bobardt stated there were no additional
speaker cards or written comments.
Chair Landis closed the public hearing.
A discussion followed among Commissioners regarding the excellent job
by staff in putting the report together and presenting a great presentation.
MOTION: Commissioner Di Cecco moved and Vice Chair Gould seconded a
motion to approve staff recommendation, including adoption of Resolution No.
PC 2012-568. 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 2012 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, CA 93021.
(Staff: David Bobardt)
Mr. Bobardt gave the staff report.
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Minutes of the Planning Commission
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CONSENSUS: It was the consensus of the Commission to approve staff's
recommendation.
B. Consider City of Moorpark, Mission Statement, Priorities, Goals and
Objectives. Staff Recommendation: Discuss City of Moorpark, FY
2011/2012 Mission Statement, Priorities, Goals, and Objectives. (Staff:
David Bobardt)
Mr. Bobardt gave the staff report.
A discussion followed among Commissioners and staff 1) whether
construction of a new City Hall and Library will remain on the top ten
priorities; and 2) discussion regarding allowing churches to go into
commercial areas.
10. CONSENT CALENDAR:
MOTION: Commissioner Groff moved and Vice Chair Gould seconded a motion
to approve the Consent Calendar as amended. The motion carried by
unanimous voice vote.
A. Consider Approval of the Regular Meeting Minutes of October 25, 2011.
Staff Recommendation: Approve the minutes.
11. ADJOURNMENT:
MOTION: Commissioner Di Cecco moved and Vice Chair Gould seconded a
motion to adjourn. The motion carried by unanimous voice vote. The time was
8:15 p.m.
Kipp Landis, Chair
David A. Bobardt, Community Development Director
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