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Resolution No. 2012-577
PLANNING COMMISSION
REGULAR MEETING AGENDA
NOVEMBER 27, 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
November 27, 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. ZOA Reasonable Accommodation Ordinance
iii. ZOA Farm Worker Housing Ordinance
iv. AB Properties New TTM
v. ZOA Sign Ordinance Revision
vi. Rescinding Toll Mazur DA, GPA, ZC
8. PUBLIC HEARINGS: (next Resolution No. PC-2012-577)
A. Consider Resolution Approving Conditional Use Permit No. 2012-06, to
Allow a Tattoo and Cosmetic Tattoo Establishment at 300 Los Angeles
Avenue, Suite 306, on the Application of David Dominguez (Sugar Free
Tattoo). Staff Recommendation: 1) Open the public hearing, accept public
testimony and close the public hearing; and 2) Adopt Resolution No. PC-
2012- approving Conditional Use Permit No. 2012-06 subject to
conditions of approval. (Staff: Freddy Carrillo)
B. Consider Resolution Approving Conditional Use Permit 2012-05, to Allow
New Automotive Service Uses in an Existing Industrial Park at 555 Spring
Road on the Application of Larry Graves for Matilija Investment Property
LLC. Staff Recommendation: 1) Open the public hearing and accept
public testimony; and 2) Continue the item with the public hearing open to
January 22, 2013 with no further public notice. (Staff: Joseph Fiss)
9. DISCUSSION ITEMS:
A. Consider Cancellation of December 25, 2012 Regular Planning
Commission Meeting. Staff Recommendation: Direct staff to post a notice
of meeting cancellation for December 25, 2012. (Staff: David Bobardt)
10. CONSENT CALENDAR:
A. Consider Approval of the Regular Meeting Minutes of September 25,
2012. Staff Recommendation: Approve the minutes.
Regular Planning Commission Meeting Agenda
November 27, 2012
Page 3
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, Joyce R. Figueroa, declare as follows:
That I am the Administrative Assistant of the City of Moorpark and that an agenda of the
Regular Meeting of the Moorpark Planning Commission to be held on Tuesday,
November 27, 2012, at 7:00 p.m. in the Council Chambers of the Moorpark Community
Center, 799 Moorpark Avenue, Moorpark, California, was posted on November 21,
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 November 21, 2012.
�� _ 1. ,4q,I/QAO(t
Jgyc R. Figueroa, Administrative Assistant
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NOTICE OF CONTINUANCE OF OPEN PUBLIC HEARING
Duly noticed public hearing regarding:
Consider Resolution Approving Conditional Use Permit 2012-05, to Allow
New Automotive Service Uses in an Existing Industrial Park at 555 Spring
Road on the Application of Larry Graves for Matilija Investment Property
LLC. Staff Recommendation: 1) Open the public hearing and accept
public testimony; and 2) Continue the item with the public hearing open to
January 22, 2013 with no further public notice. (Staff: Joseph Fiss)
was held at a regular meeting on November 27, 2012, at which time the Planning
Commission continued the open public hearing to a Regular Planning Commission
meeting to be held at 7:00 p.m. on January 22, 2013, in the Community Center located
at 799 Moorpark Avenue, Moorpark, California.
Dated: November 28, 2012.L, if. luAnot.
J yce R. Figueroa, Administrative Assistant
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss
CITY OF MOORPARK )
AFFIDAVIT OF POSTING
I, Joyce R. Figueroa, declare as follows:
That I am the Secretary to the Planning Commission of the City of Moorpark and that a
Notice of Continuance of Open Public Hearing regarding:
Consider Resolution Approving Conditional Use Permit 2012-05, to Allow
New Automotive Service Uses in an Existing Industrial Park at 555 Spring
Road on the Application of Larry Graves for Matilija Investment Property
LLC. Staff Recommendation: 1) Open the public hearing and accept
public testimony; and 2) Continue the item with the public hearing open to
January 22, 2013 with no further public notice. (Staff: Joseph Fiss)
continued from November 27, 2012, was posted on November 28, 2012, at a
conspicuous location near the place of the meeting:
Moorpark Community Center
799 Moorpark Avenue
Moorpark, California
I declare under penalty of perjury that the foregoing is true and correct.
Executed on November 28, 2012.
Jo Ice'R. Fig ueroa, Administrative Assistant
ITEM 8.A.
MOORPARK,CALIFORNIA
Planning Commission
of 1I -2012...
ACTION: aPpRovED ,STAFF R.ECommen+DAThx•-).
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BY: T. OEHLLf2..
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: November 2, 2012 (PC Meeting of 11/27/12)
SUBJECT: Consider Resolution Approving Conditional Use Permit No. 2012-06,
to Allow a Tattoo and Cosmetic Tattoo Establishment at 300 Los
Angeles Avenue, Suite 306, on the Application of David Dominguez
(Sugar Free Tattoo)
BACKGROUND
On October 10, 2012, an application was filed by David Dominguez for Conditional Use
Permit (CUP) No. 2012-06, to allow a tattoo and cosmetic tattoo establishment within a
960 square-foot vacant tenant space at 300 Los Angeles Avenue, Suite 306, within the
Park Lane shopping center. The applicant is proposing to have five work stations, a
break room, and a storage room.
DISCUSSION
Project Setting
Existing Site Conditions:
The Park Lane shopping center includes a mix of retail, service, restaurant, and liquor
store. Access to the center is from Los Angeles Avenue and Park Lane.
Previous Applications:
On November 20, 1985, the Planning Commission approved Resolution No. 85-67,
Planned Development No. 1047, for the construction of a 9,370 square-foot Park Lane
shopping center.
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Honorable Planning Commission
November 27, 2012
Page 2
Three subsequent discretionary land use permits have been approved for this shopping
center by the Community Development Director, as follows:
♦ Minor Modification No.1 to PD No. 1047 was approved on June 10, 1986,
for allowing two eating establishments within this center.
♦ Minor Modification No. 2 to PD No. 1047 was approved on September 24,
1986, for a third eating establishment within the center.
♦ Minor Modification No. 3 to PD No. 1047 was approved on September 19,
1989, for on-site sale of beer and wine at King Polio restaurant within this
center.
In addition, Moorpark Liquor Store was granted a license from the State of California
Department of Alcohol and Beverage Control (ABC) to sell beer, wine, and liquor for off-
site consumption.
GENERAL PLAN/ZONING
Direction General Plan Zoning Land Use
Site General Commercial Commercial Planned Development Shopping Center
(C-2) (CPD)
North General Commercial Commercial Planned Development Shopping Center
(C-2) (CPD)
South General Commercial Commercial Planned Development Car Wash/
(C-2) (CPD) Auto Service
East General Commercial Commercial Planned Development Bank/
(C-2) (CPD) Shopping Center
West General Commercial Commercial Planned Development Shopping Center
(C-2) (CPD)
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 uses. Chapter 17.08 Definitions, of the
Zoning Ordinance, includes tattoo parlors under the definition of "Personal Services" as
an example of a personal service. The "Personal Services" definition also includes
barber shops, beauty salons and spas, clothing rental, coin operated laundromats,
funeral homes, marriage bureaus, massage services by masseurs/masseuses, personal
laundry and dry cleaning establishments, photographic studios and travel agencies.
The Zoning Ordinance requires Planning Commission approval of a Conditional Use
Permit for a tattoo establishment in the Commercial Planned Development (CPD) Zone.
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Honorable Planning Commission
November 27, 2012
Page 3
This allows for consideration of the compatibility of the proposed land use with
surrounding uses in making findings on the application, and adoption of conditions of
approval as deemed necessary if the use is to be approved.
Although the applicant is not proposing body piercing at this time, this approval includes
conditions that would allow for body piercing without an additional application from the
City, in the event the applicant chooses to offer this service. Body piercing and
tattooing fall within the same category within the Zoning Ordinance Use Matrix.
ANALYSIS
Staff has identified hours of operation and parking as the primary land use issue for
Planning Commission consideration in the review of the tattoo establishment
Conditional Use Permit application. In addition, recommendations from a prior review of
the Police Chief will address compliance with state and other agency regulations.
Resolution No. 85-67 for the Park Lane shopping center did not include hours of
operations for the tenants. However, the applicant has proposed hours of operation for
the tattoo and cosmetic tattoo establishment as follows:
♦ Monday through Thursday: 10:00 a.m. to 8:00 p.m.
♦ Friday and Saturday: 10:00 a.m. to 10:00 p.m.
♦ Sunday: 11:00 a.m. to 7:00 p.m.
Most retail, service, restaurant, and liquor store tenants in the Park Lane shopping
center currently close by 10:00 p.m. seven days a week. To minimize loitering around
closed businesses by tattoo and cosmetic tattoo establishment customers, the hours of
operation of the proposed tattoo and cosmetic tattoo establishment should be consistent
with the open hours of existing businesses in the center. Staff is recommending a
special condition of approval limiting the hours of operation to 9:00 a.m. to 10:00 p.m.
daily, which does not conflict with the applicant's proposed hours and is consistent with
the open hours of the existing businesses in the center.
The Park Lane shopping center was designed to have adequate parking spaces for all
types of retail and service uses. Tattoo establishments are not expected to need any
more parking than other general service uses. Therefore, additional parking is not
needed for this use.
The Police Chief reviewed and concurred with applying the following conditions to this
establishment, similar to those applied to another tattoo establishment in Moorpark:
• Tattoo shop must be at least 1,000 feet from any school (other than a
college or university) and establishments principally used by minors;
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Honorable Planning Commission
November 27, 2012
Page 4
• Comply with Penal Code Section 652, which prohibits the body piercing of
a juvenile under 18 years of age without a notarized authorization of a
parent or legal guardian;
• Comply with Penal Code Section 652, which prohibits the body piercing of
a juvenile under 18 years of age without a notarized authorization of a
parent or legal guardian;
• Comply with Penal Code Section 653, which prohibits tattooing or offering
to tattoo a juvenile under 18 years of age;
• Pursuant to California Health and Safety Code Section 119303:
1. Register tattoo business with the County Environmental Health
Department, sign an acknowledgment upon receipt of the
standards, and commit to meet the standards.
2. Provide the County Environmental Health Department with the
business address at which the applicant performs the tattooing and
body piercing activities.
3. Pay a one-time registration fee of $25, to be paid to the County
Environmental Health.
4. Pay an annual inspection fee of $105 to the Environmental Health
Department. (This does not preclude the County from charging an
additional amount if necessary to cover the cost of registration and
inspection.)
• Allow inspecting officers from the City, and County Health Department to
enter and inspect the premises;
• Comply with all public health requirements established by State law and
County Environmental Health Policy;
• Limit the permitted hours of operation from 9:00 am to 10:00 pm; and
• Prohibit registered sex offenders from doing tattoos on a client's private
areas.
The Police Chiefs recommendation of the 1,000-foot separation from schools was
based on research of other cities' codes. This proposed tattoo establishment is
approximately 1,080 feet from the nearest point at Chaparral Middle School, which is
sufficiently far away to not raise land use compatibility concerns related to the school.
The other recommendations from the Police Chief have been included as
recommended conditions of approval. In addition, staff discussed the project and
proposed conditions with the County Environmental Health Department, which issues
permits for tattoo artists. County staff was satisfied that the conditions met their
concerns.
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Honorable Planning Commission
November 27, 2012
Page 5
Findings
A Conditional Use Permit is required prior to initiation of a tattoo use in the CPD zone.
The review of the tattoo establishment is a land use matter, where the application is
reviewed by the Planning Commission through a public hearing process to determine if
the proposed land use is compatible with adjacent land uses. A Conditional Use Permit
is not allowed as a matter of right, but is subject to site plan and architectural review and
may be approved, conditionally approved, or denied. Prior to approving, conditionally
approving, or denying an application for a Conditional Use Permit, the Planning
Commission shall adopt written findings, by resolution, based upon substantial evidence
in view of the whole record to justify the decision. In order for a Conditional Use Permit
to be approved, the Planning Commission needs to find that:
• The proposed use is consistent with the provisions of the General Plan,
Zoning Ordinance, and any other applicable regulations;
• The proposed use is compatible with both existing and permitted land
uses in the surrounding area;
• The proposed use is compatible with the scale, visual character, and
design of surrounding properties;
• The proposed use would not be obnoxious or harmful, or impair the utility
of neighboring property or uses; and
• The proposed use would not be detrimental to the public health, safety,
convenience, or welfare.
After reviewing the proposed Conditional Use Permit application, staff has determined
that the tattoo use of the existing vacant tenant space as proposed, with the
recommended conditions of approval, meets the findings for approval as outlined below:
A. The proposed use is consistent with the provisions of the General Plan, Zoning
Ordinance, and any other applicable regulations, in that the tattoo establishment
is a service use consistent with the C-2 General Commercial land use
designation in the Land Use Element of the General Plan, and is permitted in the
Commercial Planned Development (CPD) Zone with the approval of a
Conditional Use Permit. In addition, conditions are included to ensure
compliance with State and County regulations related to tattoo and body piercing
establishments.
B. The proposed use, as conditioned, is compatible with both existing and permitted
land uses in the surrounding area, in that the tattoo and cosmetic tattoo
establishment will provide additional personal services in the commercial center
that already has retail, service, and restaurant uses, is conditioned to comply with
State and County regulations related to tattoo and body piercing establishments
and is similar in size, scope and hours of operation with other establishments
within the center.
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Honorable Planning Commission
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Page 6
C. The proposed use is compatible with the scale, visual character and design of
surrounding properties, in that there would be no changes to the exterior
appearance of the existing commercial center building except for signage in
compliance with Chapter 17.40 of the Moorpark Municipal Code and the Center's
approved sign program on file at the Community Development Department office
as a result of the application.
D. The proposed use would not be obnoxious or harmful, or impair the utility of
neighboring property or uses, in that the hours of operation as proposed and as
conditioned are consistent with the hours for existing uses in the center.
E. The proposed use as conditioned would not be detrimental to the public health,
safety, convenience, or welfare in that the hours of operation are limited to be
consistent with other uses in the center, the center was designed and approved
to accommodate a variety of retail, service, and restaurant uses and conditions
are required to ensure compliance with State and County regulations.
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: November 2, 2012
Planning Commission Action Deadline: February 1, 2013
City Council Action Deadline: Not applicable
Upon agreement by the City and Applicant, one 90-day extension can be granted to the
date action must be taken on the application.
ENVIRONMENTAL DETERMINATION
In accordance with the City's environmental review procedures adopted by resolution,
the Community Development Director determines the level of review necessary for a
project to comply with the California Environmental Quality Act (CEQA). Some projects
may be exempt from review based upon a specific category listed in CEQA. Other
projects may be exempt under a general rule that environmental review is not
necessary where it can be determined that there would be no possibility of significant
effect upon the environment. A project which does not qualify for an exemption requires
the preparation of an Initial Study to assess the level of potential environmental impacts.
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Honorable Planning Commission
November 27, 2012
Page 7
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 (FIR) 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- approving Conditional Use Permit No.
2012-06 subject to conditions of approval.
ATTACHMENTS:
1. Location Map
2. Aerial Photograph
3. Project Exhibits
A. Park Lane Shopping Center Layout
B. Floor Plan (Sugar Free Tattoo)
4. Draft PC Resolution with Conditions of Approval
mcl\Department Share Community Development\DEV PMTS\C U P\201212012-06 Sugar Free TattoolAgenda Reports\MOORPARK PLANNING COMMISSION docx
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PC ATTACHMENT 3.B.
11
RESOLUTION NO. PC-2012-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. 2012-06 TO ALLOW A TATTOO
AND COSMETIC TATTOO ESTABLISHMENT AT 300 LOS
ANGELES AVENUE, SUITE 306, ON THE APPLICATION OF
DAVID DOMINGUEZ (SUGAR FREE TATTOO)
WHEREAS, at a duly noticed public hearing on November 27, 2012, the Planning
Commission considered Conditional Use Permit (CUP) No. 2012-06 on the application
of David Dominguez for a tattoo and cosmetic tattoo establishment at 300 Los Angeles
Avenue, Suite 306; and
WHEREAS, at its Meeting of November 27, 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, 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 tattoo establishment
is a service use consistent with the C-2 General Commercial land use
designation in the Land Use Element of the General Plan, and is permitted in the
Commercial Planned Development (CPD) Zone with the approval of a
Conditional Use Permit. In addition, conditions are included to ensure
compliance with State and County regulations related to tattoo and body piercing
establishments.
B. The proposed use, as conditioned, is compatible with both existing and permitted
land uses in the surrounding area, in that the tattoo and cosmetic tattoo
establishment will provide additional personal services in the commercial center
that already has retail, service, and restaurant uses, is conditioned to comply with
State and County regulations related to tattoo and body piercing establishments
and is similar in size, scope and hours of operation with other establishments
within the center.
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 there would be no changes to the exterior
appearance of the existing commercial center building except for signage in
compliance with Chapter 17.40 of the Moorpark Municipal Code and the center's
approved sign program on file at the Community Development Department office
as a result of the application.
D. The proposed use would not be obnoxious or harmful, or impair the utility of
neighboring property or uses, in that the hours of operation as proposed and as
conditioned are consistent with the hours for existing uses in the center.
E. The proposed use as conditioned would not be detrimental to the public health,
safety, convenience, or welfare in that the hours of operation are limited to be
consistent with other uses in the center, the center was designed and approved
to accommodate a variety of retail, service, and restaurant uses and conditions
are required to ensure compliance with State and County regulations.
SECTION 2. PLANNING COMMISSION APPROVAL: the Planning
Commission hereby approves Conditional Use Permit No. 2012-06 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 27th day of November, 2012.
Kipp Landis, Chair
David A. Bobardt, Community Development Director
Exhibit A— Standard and Special Conditions of Approval
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Resolution No. PC-2012-
Page 3
EXHIBIT A
STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR
CONDITIONAL USE PERMIT (CUP) No. 2012-06
STANDARD CONDITIONS OF APPROVAL
The applicant shall comply with Standard Conditions of Approval for Conditional Use
Permits as adopted by City Council Resolution No. 2009-2799 (Exhibit B), except as
modified by the following Special Conditions of Approval. In the event of conflict
between a Standard and Special Condition of Approval, the Special Condition shall
apply.
SPECIAL CONDITIONS
1. This Conditional Use Permit is granted or approved with the City's designated
approving body retaining and reserving the right and jurisdiction to review and to
modify the permit—including the conditions of approval—based on changed
circumstances. Changed circumstances include, but are not limited to, major
modification of the business; a change in scope, emphasis, size, or nature of the
business; the expansion, alteration, reconfiguration, or change of use; or the fact
that the use is negatively impacting surrounding uses by virtue of impacts not
identified at the time of application for the conditional use permit or impacts that
are much greater than anticipated or disclosed at the time of application for the
conditional use permit. The reservation of right to review any permit granted or
approved under this chapter by the City's designated approving body is in
addition to, and not in lieu of, the right of the City, its Planning Commission, City
Council and designated approving body to review and revoke or modify any
permit granted or approved under this chapter for any violations of the conditions
imposed on such permit.
2. All Conditions of Approval for Planned Development Permit No. 1047 as
amended are incorporated by reference in this approval and shall continue to
apply unless specifically modified by this permit.
3. The development must be in substantial conformance with the plans presented in
conjunction with the application for Conditional Use Permit No. 2012-06, except
any modifications as may be required to meet specific Code standards or other
conditions stipulated herein.
4. Hours of operation allowed by this Conditional Use Permit are limited to between
9:00 a.m. to 10:00 p.m. daily. No body piercing or tattooing work may take place
on the premises outside of these hours. The Community Development Director
shall have the authority to restrict hours of operation further when in his/her
opinion additional limits on hours of operations are necessary to maintain
compatibility with adjacent uses.
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Resolution No. PC-2012-
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5. This permit will be valid for five (5) years from the date of final approval. Upon
written request of the applicant at least sixty (60) days prior to the expiration of
this permit, the Community Development Director may extend this permit an
additional five (5) years if all conditions of approval have been continuously met
by the applicant during the 5-year period.
6. The manager of the tattoo establishment or his/her designee shall discourage
patrons from loitering in the parking lot and pedestrian areas of the shopping
center while waiting for scheduled appointments.
7. Tattooing or piercing private areas of the body shall only be conducted in areas
not visible to the general public or other customers.
8. A sign permit application must be submitted for all proposed signs, for the review
and approval of the Community Development Director prior to issuance of a
building permit for a sign.
9. Pursuant to California Health and Safety Code Section 119303, the applicant
shall, prior to final occupancy, register the business with the County
Environmental Health Department, sign an acknowledgment upon receipt of the
County standards, and commit to meet the standards, including providing the
County Environmental Health Department with all necessary information,
registration fees, and annual inspection fees. The applicant shall comply with
any applicable amendments to State law with respect to the allowed uses during
the term of this permit.
10. City personnel and County Environmental Health Department personnel must be
allowed to enter and inspect the premises at any time during business hours for
compliance with applicable laws and permits.
11. Pursuant to California Penal Code Section 652, nobody on the premises may
conduct or offer body piercing on juveniles under the age of 18 years, unless the
body piercing is completed in the presence of, or with notarized authorization of,
the juvenile's parents or guardian.
12. Pursuant to California Penal Code Section 653, nobody on the premises may
conduct or offer tattooing on juveniles under the age of 18 years.
13. All registered sex offenders are prohibited from completing tattoos on a client's
specified anatomical areas as defined in section 17.28.050 of the Moorpark
Municipal Code.
-END-
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15
ITEM: 8.B.
MOORPARK,CALIFORNIA
Planning Commission
of 1 1. 21..2a
ACTION: CoNTwU ED, o?FN PUS
1.1f...042_0446 i REdo_,e,t. pc.
MEE-nn,c, oN JA -uARy zZ, 20r3 •
BY: T. bEt.ti..seti
MOORPARK PLANNING COMMISSION
AGENDA REPORT
r °)
TO: Honorable Planning Commission
FROM: David A. Bobardt, Community Developme 'rector
Prepared by Joseph Fiss, Principal Planne �•
DATE: November 20, 2012 (PC Meeting of 11/27/12 •
SUBJECT: Consider Resolution Approving Conditional Use Permit 2012-05, to
Allow New Automotive Service Uses in an Existing Industrial Park at
555 Spring Road on the Application of Larry Graves for Matilija
Investment Property LLC.
BACKGROUND
On September 18, 2012 Larry Graves, for Matilija Investment Property LLC, submitted
an application for a Conditional Use Permit (CUP) to allow new automotive service uses
within any of the tenant spaces at an existing industrial park.
Staff scheduled this item for the November 27, 2012 Planning Commission meeting and
advertised the public hearing. On November 20, 2012, the applicant spoke with City
staff and requested a continuance of this matter until the January 22, 2013 regular
Planning Commission meeting to allow for further discussion of the project with staff.
The applicant has agreed to waive time limits under the Permit Streamlining Act through
and including January 22, 2013.
STAFF RECOMMENDATION
1. Open the public hearing and accept public testimony.
2. Continue the item with the public hearing open to January 22, 2013 with no
further public notice.
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16
ITEM: 9.A.
MOORPARK,CALIFORNIA
Planning Commission
of j1. 2 . 2.otz-.
ACTION:APPRe•01.1) STAFF
Ftecc.mme)->bwri a—)•
BY: T. OCHL.ee.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: David A. Bobardt, Community Development Director7
DATE: November 16, 2012 (PC Meeting of 11/27/2012)
SUBJECT: Consider Cancellation of December 25, 2012 Regular Planning
Commission Meeting
BACKGROUND AND DISCUSSION
Staff does not have any agenda items to take before the Planning Commission in
December. If the Planning Commission cancels the December meeting,the next regularly
scheduled meeting will be on January 22, 2013. If it is necessary for the Planning
Commission to meet before this time, a special meeting could be called.
STAFF RECOMMENDATION
Direct staff to post a notice of meeting cancellation for December 25, 2012.
\\DC1\Department Share\Community Development\PLANNING COMMISSION\P C POLICIES\agenda reports\2012\pc 2012 1127 Cancel December Meebnobc
17
MOORPARK,CALIFORNIA
Planning Commission
of 11. 24. 2012 ITEM 10.A.
ACTION: APPRc W •
MINUTES OF THE PLANNING COMMISSION
BY: T.OEtkl..i
Moorpark, California September 25, 2012
A Regular Meeting of the Planning Commission of the City of Moorpark was held on
September 25, 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:
Quintt Landis, Moorpark resident, led the Pledge of Allegiance.
3. ROLL CALL:
Present: Commissioner Di Cecco, Commissioner Groff, Commissioner
Hamous, Vice Chair Gould, and Chair Landis.
Staff Present: David Bobardt, Community Development Director; Freddy
Carrillo, Assistant Planner I; and Joyce Figueroa, Administrative
Assistant.
4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS:
None.
5. PUBLIC COMMENT:
None.
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
None.
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS AND REPORTS ON
MEETINGS/CONFERENCES ATTENDED BY THE COMMISSION:
(Future agenda items are tentative and are subject to rescheduling.)
A. Future Agenda Items
i. CUP 2003-05 National Ready Mixed (Continued from August 26,
2009 to a date uncertain.)
ii. ZOA Reasonable Accommodation Ordinance
18
Minutes of the Planning Commission
Moorpark, California Page2 July 24, 2012
iii. ZOA Farm Worker Housing Ordinance
iv. Film Ordinance
Mr. Bobardt briefly discussed future agenda items.
Commissioner Hamous announced that the Moorpark Country Days and Street
Fair will be held on October 6, 2012, beginning at 10:30 a.m. followed by the
Beer Tasting Festival on High Street at 6:00 p.m.
8. PUBLIC HEARINGS: (next Resolution No. PC-2011-576)
A. Consider Commercial Planned Development No. 2012-01, a Request to
Construct a 77,834 Square-Foot, Two-Story Medical Office Building on a
4.0 Acre Site at 635 Los Angeles Avenue, on the Application of Mark
Armbruster for Grand Moorpark, LLC. Staff Recommendation: 1) Open
the public hearing, accept public testimony and close the public hearing;
2) Adopt Resolution No. PC-2012-576 recommending to the City Council
conditional approval of Commercial Planned Development Permit No.
2012-01. (Staff: Freddy Carrillo)
Commissioner Hamous recused himself to avoid a potential conflict of
interest and stepped down from the dais. The time was 7:05 p.m.
Mr. Carrillo gave the staff report.
A discussion followed among Commissioners and staff regarding: 1) Is the
tract map for the site still valid; 2) is there an existing entitlement in place;
3) how many parking spaces will they lose if they do the easement
between the site and Mission Bell shopping center; 4) reciprocal access;
and 5) in terms of trash enclosures what is the nexus.
Chair Landis opened the public hearing.
In response to Chair Landis, Mr. Carrillo stated there were no speaker
cards for this item, however, the applicant was available to discuss the
project or answer any questions.
At the request of Chair Landis, Mark Armbruster, Armbruster, Gotten &
Delvec, for Grand Moorpark, LLC, applicant, stepped forward to the
lectern and responded to questions from the Commission regarding the
division map.
19
Minutes of the Planning Commission
Moorpark, California Page 3 July 24, 2012
John Parezo, Cal-AM Planning & Design, Project Architect, discussed
reciprocal and pedestrian access, types of uses that will be in the medical
office, ambulance and loading zone, bicycle and motorcycle parking,
relocation of Edison transformer, screen wall located in front of the
generator, disabled access.
In response to Chair Landis, Mr. Bobardt stated there were no additional
speaker cards or written cards.
Chair Landis closed the public hearing.
A discussion followed among the Commissioners regarding grandfathering
of the project under prior codes, appropriateness of the use, reciprocal
parking, and architectural style. Staff indicated these items will be
addressed prior to the City Council meeting.
MOTION: Vice Chair Gould moved and Commissioner Groff seconded a motion
to approve staff recommendation, as amended, including adoption of Resolution
No. PC 2012-576. The motion carried by voice vote 4-0, Commissioner Hamous
absent.
The City Council has final approval authority for this project.
Commissioner Hamous returned to the dais at 7:34 p.m.
9. DISCUSSION ITEMS:
None
10. CONSENT CALENDAR:
MOTION: Commissioner Di Cecco moved and Commissioner Groff seconded a
motion to approve the Consent Calendar. The motion carried by unanimous
voice vote.
A. Consider Approval of the Regular Meeting Minutes of July 24, 2012. Staff
Recommendation: Approve the minutes.
20
Minutes of the Planning Commission
Moorpark, California Page4 July 24, 2012
11. ADJOURNMENT:
MOTION: Vice Chair Gould moved and Commissioner Groff seconded a motion
to adjourn. The motion carried by unanimous voice vote. The time was 7:35
p.m.
Kipp Landis, Chair
David A. Bobardt, Community Development Director
21