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Resolution No. 2013-579
PLANNING COMMISSION
REGULAR MEETING AGENDA
FEBRUARY 26, 2013
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
February 26, 2013
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. ZOA Sign Ordinance Revision
v. Rescinding Toll Mazur DA, GPA, ZC
8. PUBLIC HEARINGS: (next Resolution No. PC-2013-579)
A. Consider Residential Planned Development Permit No. 2012-02, a
request to construct a 200-Unit Apartment Project on Approximately 10.57
Acres, Located at 150 Casey Road, on the Application of Essex Property
Trust, Inc. Staff Recommendation: 1) Open the public hearing, accept
public testimony and close the public hearing; 2) Adopt Resolution No.
PC-2013- recommending to the City Council conditional approval of
Residential Planned Development Permit No. 2012-02. (Staff: Joseph
Vacca)
B. Consider a Resolution Recommending Approval of Tentative Tract Map
No. 5906, a Re-Subdivision of Tract No. 5147 for 17 Industrial Lots on
34.70 Acres, Located 1300 Feet West of Gabbert Road, North of the
Union Pacific Railroad Right-of-Way, on the Application of John Newton
for AB Properties. Staff Recommendation: 1) Open the public hearing,
accept public testimony and close the public hearing; 2) Adopt Resolution
No. PC-2013- , recommending to the City Council conditional
approval of Tentative Tract No. 5906. (Staff: Joseph Fiss)
C. Consider a Resolution Recommending Approval of Commercial Planned
Development Permit No. 2012-02 and Conditional Use Permit No. 2012-
07 for a 21,644 Square-Foot Church on a 2.78 Acre Lot at 13960 Peach
Hill Road, on the Application of Hollee L. King, AICP/SitesPacific, Inc. for
the Kim Clement Center. Staff Recommendation: 1) Open the public
hearing, accept public testimony and close the public hearing; 2) Adopt
Resolution No. PC-2013- recommending to the City Council
conditional approval of Commercial Planned Development Permit No.
2012-02 and Conditional Use Permit No. 2012-07. (Staff: Joseph Fiss)
Regular Planning Commission Meeting Agenda
February 26, 2013
Page 3
D. Consider Resolution Recommending to the City Council Approval of
Zoning Ordinance Amendment No. 2013-01: an Amendment to Section
17.28.020(B) (Home Occupations and Garage Sales) of Title 17 (Zoning)
of the Moorpark Municipal Code. Staff Recommendation: 1) Open the
public hearing, accept public testimony and close the public hearing; 2)
Adopt Resolution No. PC-2013- recommending to the City Council
approval of Zoning Ordinance Amendment No. 2013-01. (Staff: Joseph
Fiss)
9. DISCUSSION ITEMS:
A.
10. CONSENT CALENDAR:
A. Consider Approval of the Regular Meeting Minutes of January 22, 2013.
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, 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,
February 26, 2013, at 7:00 p.m. in the Council Chambers of the Moorpark Community
Center, 799 Moorpark Avenue, Moorpark, California, was posted on February 21, 2013,
at a conspicuous place at the Moorpark Community Center, 799 Moorpark Avenue,
Moorpark, California.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on February 21, 2013.
21-1') U 'J- 9LIOA £Q
Joce R. Figueroa, Administrative Assistant
ITEM: S.A.
MOORPARK,CALIFORNIA
Planning Commission
of 2. 20. 2013
ACTION: A egogF'i `sa Q /anmie w.Iu.s,
4DonFB Res. i.1o. PC• 2O13.5`gq
A.S ANIENT .
BY: T OEi-ti_
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: David A. Bobardt, Community Development Directo
Prepared by Joseph R. Vacca, Principal Planner, , ,
DATE: February 21, 2013 (PC Meeting of 02/26/13)
SUBJECT: Consider Residential Planned Development Permit No. 2012-02, a
request to construct a 200-Unit Apartment Project on Approximately
10.57 Acres, Located at 150 Casey Road, on the Application of Essex
Property Trust, Inc.
BACKGROUND
On July 18, 2007, applications for a General Plan Amendment, Zone Change,
Development Agreement and Residential Planned Development Permit were submitted by
Essex Portfolio, L.P., for the construction of a 200-unit apartment complex on 10.57 acres
with access from Casey Road,just east of the Moorpark Boys and Girls Club Gymnasium.
The proposed project included an additional 8.84 acres of land to the south that, as part of
the terms of the development agreement, would have been sold to the City for future
public/institutional use. Due to encumbrances, the total usable land area out of the original
8.84 acres, (gross area), has been reduced to an approximate area of 6 acres, (net). The
Residential Planned Development Permit expired and the Development Agreement was
never signed. Therefore, the applicant has submitted applications for a new Residential
Planned Development permit and Development Agreement. On November 7, 2012, the
City Council adopted Resolution No. 2012-3141, and initiated proceedings for
consideration of a revised Development Agreement, directing the Planning Commission to
study, hold a Public Hearing, and provide a recommendation on a revised Development
Agreement with Essex Property Trust, Inc. for approximately 10.57 acres south of Casey
Road. The Residential Planned Development Permit is now being presented for
consideration of a public hearing with the Development Agreement being drafted, to be
presented in the near future at a separate public hearing.
Honorable Planning Commission
February 26, 2013
Page 2
DISCUSSION
Project Setting
Existing Site Conditions:
The project site is on land that was part of the former Moorpark High School athletic fields.
This land has been mostly covered with weeds and has been maintained by Essex. The
southern portion of the site has been used as a fill site, primarily for earth material imported
from the Las Llajas Debris Basin in Simi Valley. In addition, a small portion of the site
along Casey Road is currently occupied by the Moorpark Boys and Girls Club as part of its
facilities.
Previous Applications:
On July 18, 2007, the City Council approved applications for a General Plan Amendment
No. 2004-05, Zone Change No. 2004-04, Development Agreement No. 2004-03 and
Residential Planned Development Permit No. 2004-06, that were submitted by Essex
Portfolio, L.P., for the construction of a 200-unit apartment complex on 10.57 acres with
access from Casey Road,just east of the Moorpark Boys and Girls Club Gymnasium. The
proposed project included an additional 8.84 acres of land, (now approximately 6 acres),to
the south that, as part of the terms of the development agreement, would be sold to the
City for future public/institutional use.
GENERAL PLAN/ZONING
Direction General Plan Zoning Land Use
Portion of Boys and
Very High Density Residential Residential Planned Girls Club, Vacant
Site (15 D.U. acre) Development 19 Land (Former High
and Specific Plan 9 (RPD— 19.0 units/acre). School Athletic
Fields)
Single-Family
North Medium Density Residential Rural Exclusive Homes and Vacant
Land
US Post Office,
South General Commercial, and Rural Exclusive Vacant Land and
Light Industrial and Limited Industrial Railroad Right-of-
Way
City Hall, Active
East Public/Institutional, and Institutional and Adult Center,
General Commercial Old Town Commercial Library, Vacant
Land
Boys and Girls
Specific Plan 9 Club Gymnasium,
West (School Overlay), Specific Rural Exclusive, Walnut Canyon
Plan 1 (Agriculture Overlay) Agricultural Exclusive School, Vacant
Land
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Honorable Planning Commission
February 26, 2013
Page 3
General Plan and Zoning Consistency:
On July 18, 2007, the City Council approved a General Plan Amendment for the site to be
designated for very high density residential uses (VH). This category allows up to 15 units
per acre of market-rate housing, or up to 20 units per acre when affordable housing is
provided. The proposed project density is 18.92 units per acre,with affordable housing to
be provided per the terms of the development agreement. The City Council at the same
time approved a zone change on the site to Residential Planned Development at nineteen
units per acre (RPD — 19.0 u). The project complies with this zoning designation.
Project Summary
Residential Planned Development Permit No. 2012-02:
A Residential Planned Development(RPD), Permit is requested for the 200-unit apartment
project, with a leasing office and recreation building. The unit mix includes 94 one-
bedroom units, 98 two-bedroom units, and 8 three-bedroom units in four 20-unit buildings
and five 24-unit buildings, as detailed in the following table.
Bldg. No. of Type of Apartment Range of No. of Total No.
Type Bldgs. Units Apartment Sizes Units Per of Units
(Sq. Ft.) Building
I & II 4 1 Bedroom — 1 Bath 640-735 11 44
2 Bedroom —2 Bath 912-956 7 28
3 Bedroom —2 Bath 1108 2 8
SUBTOTAL 20 80
III, IV 5 1 Bedroom — 1 Bath 640-735 10 50
&V 2 Bedroom —2 Bath 912-956 14 70
SUBTOTAL 24 120
TOTAL 200
An update of what is different in this application, from the previously approved RPD, is
outlined as follows:
• Building architecture changed from prior approved podium style design of buildings
with tuck under parking, to split level building design where the building retains the
slope on the high side, with tuck under parking on only the lower side of the
building.
• Since podium style building designs with tuck under parking were omitted, than
more surface area of the site is used for parking, which has also further reduced
common area landscaping opportunities.
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Honorable Planning Commission
February 26, 2013
Page 4
• The new site plan design without use of podium buildings has resulted in a request
for a total overall reduction parking form the prior approved number of 434 parking
spaces to the proposed 400 parking spaces.
• Formation of a Landscape Maintenance District is required to maintain landscaping
on a slope behind a retaining wall on the proposed Civic Center property, adjacent
the southern property line of the project, as well as maintenance of the proposed
storm water quality basin, including basin landscaping and access and maintenance
of the emergency access driveway to the project, all proposed to be Civic Center
property.
• The emergency access driveway for the project has been moved to the
southwestern portion of the proposed to be Civic Center property, to connect with
High Street with the minimal required improvements to High Street. The prior
approved RPD had the emergency access at the eastern perimeter of the project
site, by covering over the open drainage channel, and then connecting to High
Street. This alignment had the emergency access traversing through the central
portion of the Civic Center property.
• Consistent with the prior project approval, the open drainage channel along the
eastern permitter of the project site is still proposed to be covered but,the prior RPD
showed a pedestrian trail connecting High Street to Casey Road and this trail is no
longer proposed with the current project. It has been determined that this trial
connection is not needed on this site, since there will be trail linkages to this area,
within the future Hitch Ranch Specific Plan project.
• Converting the open drainage channel into a 72 inch reinforced concrete box,
underground storm drain, requires a 40 foot wide storm drain easement. Planting of
trees is not allowed within a 28 foot wide section that straddles the centerline of the
concrete box. Therefore, tree plantings are allowed within a 6.5 foot wide planter
along the eastern property line, adjacent City Hall; and a row of screen trees are
proposed to be planted in this location to screen the multifamily project from City
Hall.
• The prior RPD approval called for perimeter fencing at the City Hall property lines,
consisting of a combination wall and fence with tubular steel fencing, atop a short
stucco wall with slump block pilasters -(spacing unknown). The property line,
perimeter fencing of the proposed project also consists of a combination wall and
fence, with tubular steel fencing, atop a three courses of slump block with
decorative pilasters faced with cultured stone and spaced at 75 feet on center.
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Honorable Planning Commission
February 26, 2013
Page 5
Proposed Project
Architecture:
The project proposes development of 200 units of apartments in nine buildings of two
different types. Building type I and II are twenty-unit apartment buildings, proposed for the
four buildings at the southern edge of the property. These buildings are three stories tall
with individual garage units on the north side of the ground floor. Total building height is
approximately thirty-six(36)feet. Building type III, IV and V, are twenty-four unit apartment
buildings, proposed for five buildings on the northeastern portion of the site. These
building types are split level, built into the topography of the sloping terrain with have three-
stories above grade on one side and three stories above a tuck under garage for parking at
the lower level. The parking level is at grade at its entrance, with three stories of living
space above the garage parking areas. Total building height measured from the parking
level floor is approximately forty-six(46)feet. Building height is addressed in the analysis
section of this report. The building style for all building types is Spanish contemporary,with
warm-colored stucco finishes on the walls and earth-tone concrete-"S"tiled hip roofs. Air
conditioning units have been placed within a roof well to allow for more landscaping on the
ground, surrounding the buildings. Architectural detailing include arched entries and
window trim, raised window sills, window shutters, balconies with decorative metal railing,
decorative rain gutters and downspouts, decorative gable end vents, decorative finials atop
false chimney stacks and exposed corbels above the individual garage units. Both the
leasing office and recreation building demonstrate enhanced architectural detailing
following a contemporary Spanish style, using enhanced tower elements, decorative
awnings, louvered window shutters and decorative glazed ceramic painted tiles applied to
entry arch ways. The mailroom portico, trash enclosures and carports have all been
designed using materials to match the basic architectural elements of the buildings of the
project, including earth-tone concrete S tile and stucco. The architectural floor plans and
elevations of the buildings outlined above are attached. This issue is addressed in the
analysis section.
Setbacks:
The proposed leasing office for the apartment buildings is set back approximately thirteen
(13) feet from Casey Road. The apartment buildings are set back between forty (40) and
seventy(70)feet from side property lines and approximately fifteen (15)feet from the rear
property line. Setbacks in the proposed RPD zone are established through the
development review process. The building setbacks proposed in the site plan are
appropriate for the scale of the buildings proposed to avoid imposition on surrounding
property. A stormwater quality/detention basin and emergency access are proposed
southwest of the rear property line of the apartment site on the land to be sold to the City
as part of a proposed expansion of the Civic Center campus.
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Honorable Planning Commission
February 26, 2013
Page 6
Circulation:
Access to the site is proposed from Casey Road, with gates securing the residential and
visitor access to the site. Emergency only access is proposed at the southwestern portion
of the project, to be provided with minimal roadway improvements in order to connect to
High Street; at the current western terminus of High Street. With completion of project
construction this will only be an emergency access, and will not be considered a public
access way. Staff supports this design as High Street is projected to be further extended
by the Hitch Ranch Specific Plan project, which would use High Street as one of its main
access points. The applicant had originally proposed to construct emergency access at the
eastern edge of the property, to be relocated to the western edge when the property being
sold to the City was to be developed. The latest design removes the requirement for
reconstruction of emergency access and provides more landscaping area for more
adequate landscape screening of the buildings visible from the Civic Center campus.
The Ventura County Sheriffs Office, Moorpark Patrol Station, provided circulation related
issues, as follows:
• The project includes one main Entrance/Exit on Casey Road, which is a narrow
road that is heavily traveled weekday mornings and afternoons due to the
proximity to Walnut Canyon School. During peak commute hours in the morning,
there will be potential for major traffic delays and conflicts due to apartment
residents leaving and parents dropping off students at the school. The afternoon
hours should not be a problem since apartment dwellers will most likely be
returning home from work later in the evening.
• To mitigate the traffic issue, a secondary exit leading onto West High Street
could help, however West High Street is very narrow and the carpet business on
the corner of High Street and Moorpark Avenue is situated with very little
setback from Moorpark Avenue, which could lead to traffic collisions as
commuting residents may turn right on the red signal light at the same time
school commuting parents are leaving the area south-bound on Moorpark
Avenue, (please note that this was not addressed in the environmental analysis
for the original project).
No other circulation or law enforcement issues were provided.
The proposed circulation complies with code requirements and is consistent with prior
approvals and therefore, the circulation design is supported by staff as proposed with
conditions.
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Honorable Planning Commission
February 26, 2013
Page 7
Traffic:
An April 2005 traffic study prepared by Austin Foust Associates for the City identified
project-specific mitigation including the extension of queuing on Casey Road, signal
modification at Casey Road and Walnut Canyon Road, and signal modification at Moorpark
Avenue and High Street. It also identified the contribution of the project to fair-share
funded improvements. These measures were included in the Mitigated Negative
Declaration adopted for the project and are incorporated as conditions of approval. It
should be noted that the northbound left-turn phase at the Casey Road/Walnut Canyon
Road intersection has already been constructed.
Parking:
A total of 400 parking spaces are proposed for the apartments,with 117 in private garages,
111 in carport covered spaces and 172 in open spaces. Of the open spaces, 15 are
proposed adjacent to the leasing office outside the gate. The Zoning Code requires 2
covered parking spaces per unit, one of which must be in a garage, with an additional 1/2
space per unit for visitor parking, for a total of 500 spaces. The applicant is requesting a
waiver from the parking requirements as part of a development agreement with the City in
an effort to provide affordable housing. This issue is discussed in greater detail in the
analysis section.
Loading Area:
No loading areas are proposed or required for this project.
Landscaping:
The former site of the Moorpark High School athletic fields has not been formally
maintained in years and consists of overgrown shrubs, weeds, and a few trees. Trees on
the site include California pepper, Brazilian pepper, jacaranda, elm, and palm trees. No
native trees are growing on the site. The proposed landscaping for the project site includes
substantial planting of trees, shrubs, and groundcover, which would greatly enhance the
appearance of the site. Conceptual landscape plans, which are subject to plan check for
compliance with the City's Landscape Standards and Guidelines, are attached.
Site Improvements and National Pollution Discharge Elimination Standards Requirements
NPDES):
The City Engineer has conditioned the project to provide for all necessary on-site and off-
site storm drain improvements including the imposition of National Pollution Discharge
Elimination System (NPDES) requirements. "Passive" Best Management Practices
Drainage Facilities are required to be provided so that surface flows are intercepted and
treated on the surface over biofilters (grassy swales), infiltration areas and other similar
solutions.
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Honorable Planning Commission
February 26, 2013
Page 8
Air Quality:
According to the 2003 Ventura County Air Quality Assessment Guidelines, the proposed
project will generate vehicle traffic that will produce NOx emissions in excess of the 25
pound per day threshold, providing a conclusion that there will be an impact on regional air
quality. As is required with all larger projects, staff has incorporated a mitigation measure
and standard condition requiring a contribution to the Moorpark Traffic Systems
Management Fund to off-set air pollutants, consistent with the 2003 Ventura County Air
Quality Assessment Guidelines.
ANALYSIS
Issues
Staff analysis of the proposed project has identified the following areas for Planning
Commission consideration in their recommendation to the City Council:
• Area One: Building Heights
• Area Two: Parking
• Area Three: Balconies
Area One: Building Heights
At thirty-six (36) feet high—[Buildings I & II], and forty-six (46)feet high—[Buildings III, IV&
V], the apartment buildings would be the tallest residential buildings in Moorpark. In
comparison, the Archstone (renamed Waterstone)Apartments on Moorpark Avenue south
of Los Angeles Avenue are thirty-five (35') feet high. The Essex project site is, however,
isolated from the low-rise homes east of Moorpark Avenue, separated by the current civic
center and the Walnut Canyon flood control channel. It is also near other buildings of
similar height (Walnut Canyon School auditorium, Boys and Girls Club gymnasium). In
addition, the site also slopes down south from Casey Road, reducing the massing of the
buildings and the project when viewed from the north. While the project would clearly
change the development character of the area, the building height would be compatible
with present and planned uses in the project vicinity. The new architecture is
approximately three feet shorter than the previously approved apartment buildings.
o Along the southern property line, with building styles I & II being thirty-six (36) feet
tall, these buildings will be approximately forty-six (46) feet in height above the
finished grade of the Civic Center property to the south.
o Along the eastern property line, behind City Hall,with building style IV being forty-six
(46) feet tall at its tallest point, this building will be approximately thirty-six (36) to
forty(40)feet in height above the finished grade of the City Hall building to the east,
with the varying height being caused by the sloping terrain of the project site and
split level design of the building.
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Honorable Planning Commission
February 26, 2013
Page 9
Area Two: Parking
With 400 parking spaces proposed,the project has a ratio of 2.0 spaces per unit. A waiver
from the 500 spaces required by the Zoning Ordinance is requested as part of the
Development Agreement. The following table compares the proposed parking to code
requirements.
TYPE OF SPACE CODE PROPOSED
GARAGE 200 117 Private,
(Size: 10' by 20' Typ.)
CARPORT 200 111
OPEN 100 172
TOTAL 500 (2.5/u) 400 (2.0/u)
The parking ratio is comparable to the 2.13 spaces per unit at the 312-unit Waterstone
Apartment project, where the 666 off-street parking spaces have proven to be sufficient.
Given that the unit mix of the Essex project is similar to that of the Waterstone Apartments
(as shown in the following table); staff does not anticipate a shortage of off-street parking.
Special condition of Approval No. 7 provides for maintenance of parking spaces.
TYPE OF UNIT ESSEX WATE RSTONE
Number (Percent) Number (Percent)
1 BEDROOM 94 (47%) 156 (50%)
2 BEDROOM 98 (49%) 120 (38%)
3 BEDROOM 8 (4%) 36 (12%)
TOTAL 200 (100%) 312 (100%)
Area Three: Balconies
The aesthetic quality of the buildings may be impacted if there is an occurrence of outdoor
storage and an accumulation of materials on balconies as visible from off site. Therefore,
staff included a condition that the construction plans for the balconies must include a solid
wall design that is compatible with the existing architecture; and that storage on the
balconies, except for that which is integral to the design of the unit, must be prohibited and
enforced by the apartment manager. Furthermore, another condition has been included that
the construction plans for the apartment buildings must include the provision of suitable
conduits and mounting locations within the central roof wells of each building to allow for
mounting individual satellite dishes and/or antennas. Essex has agreed to this construction
method and has indicated that residents will be offered the ability to setup personal satellite
television service accounts utilizing these facilities. These conditions have addressed
potential aesthetic impacts associated with outdoor storage on balconies.
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February 26, 2013
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Findings
The following findings are offered for the Residential Planned Development Permit:
A. The proposed project site design, including structure location, size, height,
setbacks, massing, scale, architectural style and colors, and landscaping is
consistent with the provisions of the City's General Plan and Zoning Ordinance, in
that the proposed project will provide an appropriate density development for the
site given its proximity to the downtown area and that the project will contribute
substantially toward the City's Housing Element goal to expand and protect housing
opportunities for lower income households and special needs groups. The
proposed project, including the proposed incentive to allow parking at an average of
2.0 spaces per unit, is consistent with the provisions of the City's General Plan and
Zoning Ordinance, in that the proposal to provide 94 one bedroom units, will
increase housing opportunities for lower income households and special needs
groups and these unites would not require more than one parking space per unit.
B. The site design of the proposed project would not create negative impacts on or
impair the utility of properties, structures or uses in the surrounding area, in that the
buildings proposed are appropriate in height, scale, and setback given the proximity
of the site to the downtown area and the traffic improvement conditions of approval
will avoid negative traffic impacts.
C. The proposed project is compatible with existing and permitted uses in the
surrounding area, in that the surrounding existing and future development includes
a variety of housing types, along with public and school uses.
PROCESSING TIME LIMITS
Development Agreements are legislative acts that are not subject to processing time limits
under the Permit Streamlining Act(Government Code Title 7, Division 1, Chapter 4.5). The
Residential Planned Development Permit application is dependent on the approval of the
Development Agreement, and therefore is also not subject to the Permit Streamlining Act
in this case. The Residential Planned Development Permit application would be acted on
by the City Council, at the same time that they would analyze the Development Agreement
for consideration, and these two applications must be acted on simultaneously, in order for
City Council to make a final determination on the project.
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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February 26, 2013
Page 11
Based upon the results of an Initial Study, the Director may determine that a project will not
have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt
a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects,
a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient
environmental documentation. If the Director determines that a project has the potential for
significant adverse impacts and adequate mitigation can not be readily identified, an
Environmental Impact Report (EIR) is prepared.
On July 18, 2007, the City Council adopted a mitigated negative declaration for a 200-unit
apartment project, located at 150 Casey Road. As the project under Residential Planned
Development Permit No. 2012-02 is not substantially different than the previous project, no
new avoidable significant effects have been identified, no new mitigation measures or
project revisions are necessary, and the previously identified mitigation measures will
reduce the potential effects of the project under Residential Planned Development Permit
No. 2012-02 to a less-than significant level. Therefore, 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-2013- recommending to the City Council conditional
approval of Residential Planned Development Permit No. 2012-02.
ATTACHMENTS:
1. Location Map
2. Project Exhibits (under separate cover)
3. Draft PC Resolution with Conditions of Approval
\\DC1\Department Share\Communfty Development\DEV PMTS\R P D12012-02 Essex Property Trust,IIMAgenda Reports\PC Agenda Report 130226 doc
11
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Project Exhibits (UNDER SEPARATE COVER)\
2. Project Exhibits
Cover Sheet AI.14 REC / Leasing Floor Plans
C1 Conceptual Grading AI.18 REC / Leasing Elevations
C2 Conceptual Grading AI.16 Pool Building Elevations
C3 Horizontal Control AI.17 Unit Floor Plans
A1.0 Site Plan AI.18 Unit Floor Plans
AI.1 Type I & II Floor Plans AI.19 Unit Floor Plans
AI.2 Type I & II Floor Plans AI.20 Unit Floor Plans
AI.3 Type I Elevations AI.21 Carport Bldg. Floor Plans & Elevations
AI.4 Type II Elevations AI.22 Trash Bldg. Floor Plans & Elevations
AI.6 Type III & IV Floor Plans AI.23 Details
AI.6 Type III & IV Floor Plans AI.24 Details
AI.7 Type III & IV Floor Plans LI.O Conceptual Landscape Plan
AI.8 Type III Elevations LI.I Parking Stall Shade Coverage Exhibit
AI.9 Type IV Elevations LI.2 Conceptual Fence and Wall Plan
AI.10 Type V Floor Plans LI.3 Conceptual Lighting Plan
AI.11 Type V Floor Plans
AI.12 Type V Floor Plans
AI.13 Type V Elevations
(UNDER SEPARATE COVER)
COPIES OF THE EXHIBIT ARE AVAILABLE
UPON REQUEST OF THE PROJECT PLANNER
PC ATTACHMENT 2
13
RESOLUTION NO. PC-2013-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE
CITY COUNCIL APPROVAL OF RESIDENTIAL PLANNED
DEVELOPMENT PERMIT NO. 2012-02 ON A 10.57 ACRE
PARCEL, LOCATED AT 150 CASEY ROAD, ON THE
APPLICATION OF ESSEX PROPERTY TRUST, INC.
WHEREAS, at a duly noticed public hearing on February 26, 2013, the Planning
Commission considered Residential Planned Development Permit (RPD) No. 2012-02
for construction of a 200-unit apartment project on approximately 10.57 acres, located
at 150 Casey Road, on the application of Andrew Baker, Essex Property Trust, Inc.; and
WHEREAS, at its meeting of February 26, 2013 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.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DOCUMENTION: On July 18, 2007, the City
Council adopted a mitigated negative declaration for a 200-unit apartment project,
located at 150 Casey Road. As the project under Residential Planned Development
Permit No. 2012-02 is not substantially different than the previous project, no new
avoidable significant effects have been identified, no new mitigation measures or project
revisions are necessary, and the previously identified mitigation measures will reduce
the potential effects of the project under Residential Planned Development Permit No.
2012-02 to a less-than significant level. Therefore, no further environmental
documentation is required.
SECTION 2. PLANNED DEVELOPMENT 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 17.44.030:
The following findings are offered for the Residential Planned Development Permit:
A. The proposed project site design, including structure location, size, height,
setbacks, massing, scale, architectural style and colors, and landscaping is
consistent with the provisions of the City's General Plan and Zoning Ordinance,
in that the proposed project will provide an appropriate density development for
the site given its proximity to the downtown area and that the project will
contribute substantially toward the City's Housing Element goal to expand and
protect housing opportunities for lower income households and special needs
groups. The proposed project, including the proposed incentive to allow parking
at an average of 2.0 spaces per unit, is consistent with the provisions of the City's
PC ATTACHMENT 3 14
Resolution No. PC-2013-
Page 2
General Plan and Zoning Ordinance, in that the proposal to provide 94 one
bedroom units, will increase housing opportunities for lower income households
and special needs groups and these unites would not require more than one
parking space per unit.
B. The site design of the proposed project would not create negative impacts on or
impair the utility of properties, structures or uses in the surrounding area, in that
the buildings proposed are appropriate in height, scale, and setback given the
proximity of the site to the downtown area and the traffic improvement conditions
of approval will avoid negative traffic impacts.
C. The proposed project is compatible with existing and permitted uses in the
surrounding area, in that the surrounding existing and future development
includes a variety of housing types, along with public and school uses.
SECTION 3. PLANNING COMMISSION RECOMMENDATION:
A. The Planning Commission recommends to the City Council approval of
Residential Planned Development Permit No. 2012-02 subject to the special and
standard Conditions of Approval included in Exhibit A (Special and Standard
Conditions of Approval), attached hereto and incorporated herein by reference.
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 26th day of February, 2013.
Diana S. Gould, Chair
David A. Bobardt, Community Development Director
Exhibit A— Standard and Special Conditions of Approval
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Resolution No. PC-2013-
Page 3
EXHIBIT A
STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR
RESIDENTIAL PLANNED DEVELOPMENT PERMINT NO. 2012-02
STANDARD CONDITIONS OF APPROVAL
The applicant shall comply with Standard Conditions of Approval for Planned
Development Permits and Conditional Use Permits as adopted by City Council
Resolution No. 2009-2799 (Exhibits A and B), except as modified by the following
Special Conditions of Approval. In the event of conflict between a Standard and Special
Condition of Approval, the Special Condition shall apply.
SPECIAL CONDITIONS
1. Prior to the issuance of a Zoning Clearance for the first building permit, a plan for
the improvements of Casey Road with an extended left-turn lane at Walnut
Canyon Road, a left turn lane into the project driveway off of Casey Road, and
right turn only egress from the project driveway onto Casey Road, must be
submitted for review and approval by the City Engineer and Community
Development Director. The street improvement plans must include provisions for
the minimization of impacts to Walnut Canyon School as a result of street
construction activities. Prior to the issuance of a zoning clearance for the first
final building permit that would allow for occupancy, the improvements must be
installed to City public road standards to the satisfaction of the City Engineer and
Community Development Director. The improvements may include, but not be
limited to curb, gutter, sidewalk, raised median, restriping, moving of and
reinstallation of traffic sensors, tree wells and landscaping.
2. Prior to the issuance of a Zoning Clearance for a grading permit, a construction
traffic and staging plan must be provided for review and approval by the City
Engineer and Community Development Director. Access to the site for grading
and construction must be through High Street. No construction traffic may be
permitted on Casey Road, except as needed to improve Casey Road.
Temporary construction fencing must be installed prior to the commencement of
grading with a safe path of pedestrian travel and maintained until construction is
complete and occupancy has been given.
3. Prior to issuance of a Zoning Clearance for the first building permit, any gates to
control vehicle access must be located in a manner that would allow a vehicle
waiting for entrance to be completely off the intersecting roadway and consistent
with city standards. A minimum clear open width of fifteen (15') feet in each
direction must be provided for separate entry/exit gates and a minimum twenty
feet (20') for combined entry/exit gates. If gates are to be locked, a Knox Box
system must be installed or an EKey system, subject to the approval of the
Community Development Director and the City Engineer. The method of gate
control, including operation during power failure, is subject to review by the Fire
Protection District. Gate plan details must be submitted to the Fire Protection
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Resolution No. PC-2013-
Page 4
District for approval prior to installation. A final acceptance inspection by the Fire
Protection District is required prior to placing any gate into service.
4. Prior to the issuance of a Zoning Clearance for a grading permit, plans showing
two-way emergency vehicular access from High Street to the southwestern
corner of the property must be provided in substantial conformance to the design
as shown on the entitlement plans, for review and approval by the City Engineer,
Fire Protection District, and Community Development Director. All improvements
must be installed prior to the issuance of a Zoning Clearance for the first final
building permit that would allow for occupancy, including acquisition of the
square parcel at the south property line, identified as APN 511-0-020-072, which
must be acquired by the developer as part of the required emergency access and
must be provided and accepted as an in fee to the City, to the satisfaction of the
Community Development Director. Any emergency access to High Street must
meet all Fire Protection District and City requirements. Any improvements to
High Street to meet Fire Protection District access requirements must be
completed at the applicant's expense and must be within the existing High Street
rig ht-of-way.
5. A maximum of one gate is allowed on the emergency vehicular access unless an
alternative is agreed upon by the Ventura County Fire Protection District, the
Community Development Director and City Engineer/Public Works Director.
Prior to the issuance of a Zoning Clearance for the first building permit, the
applicant shall obtain approval from the Fire Prevention District for the emergency
only vehicular access connection, to be gated and locked with a Knox box, or other
approved mechanism and provide Fire Protection District verification that this update
is acceptable to the satisfaction of the Community Development Director.
6. Prior to the issuance of a Zoning Clearance for a grading permit, all pedestrian
paths crossing the drive aisles on the project site must be colored decorative
concrete or other durable decorative material to the satisfaction of the
Community Development Director.
7. Prior to issuance of a Zoning Clearance for the first building permit, parking
spaces must be assigned to the individual apartment units or reserved for guests
in a manner to the satisfaction of the Community Development Director.
Individual garage units must have automatic garage door openers and must be
maintained to be accessible for parking operable vehicles at all times.
8. Prior to issuance of a Zoning Clearance for the first building permit, two color
schemes are required for each building type that is used more than once. Colors
on the various stucco planes and cornices must be distinct, but compatible with
the building colors. Changes of color should generally take place on the inside
corners. The applicant shall submit all of the proposed colors, materials and
building finish textures for review and approval to the satisfaction of the
Community Development Director prior to the issuance of building permits.
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Resolution No. PC-2013-
Page 5
9. Prior to issuance of a Zoning Clearance for the first building permit, roof
appurtenances must be limited to necessary vents, and must be the same color
as the roofing material and must be to the satisfaction of the Community
Development Director.
10. Prior to issuance of a Zoning Clearance for the first building permit, construction
plans must show that all windows on the apartment buildings and accessory
buildings must have decorative trim. Window surrounds on the first floor of all
buildings and accessible areas above the first floor on the southern side of the
four (4) 20-unit buildings along the southern property line must be constructed
out of durable materials and may not have foam cores and must be to the
satisfaction of the Community Development Director.
11. Prior to issuance of a Zoning Clearance for the first building permit, construction
plans must show that window design must be consistent with the plans as
submitted. Any mullions must be external.
12. Prior to issuance of a Zoning Clearance for the first building permit, construction
plans for accessory buildings, including but not limited to the leasing office,
recreation building, trash/recycling structures, and carports must incorporate
compatible design and materials, including roof design and materials, as the
apartment buildings to the satisfaction of the Community Development Director.
The leasing office must have enhanced design elements as it is the closest
building to Casey Road, and a sidewalk must be provided around this building.
The pool must be of sufficient size to serve all residents of the complex as
determined by the Community Development Director. The pool must be open
and ready for use prior to the final building permit for the third residential building.
If possible, the common landscape areas should include a sport court. Plans for
these buildings and other improvements must be reviewed and approved prior to
the issuance of a Zoning Clearance for the first building permit for any
construction under this entitlement.
13. Prior to the issuance of a Zoning Clearance for a grading permit, all ground
mounted utility boxes must be screened with landscaping and all gas, electric,
and water meters must also be screened to the degree allowable by the utility
companies, to the satisfaction of the Community Development Director. The
Community Development Director may require that the meters and/or boxes be
painted to match the exterior color of the building.
14. Prior to the issuance of a Zoning Clearance for a grading permit, any required
railing at the top of slopes or retaining walls must be decorative, with detailed
plans to be submitted for review and approval of the Community Development
Director prior to issuance of building permits.
15. Prior to the issuance of a Zoning Clearance for the first building permit, the
construction plans for the balconies must include a solid wall design that is
compatible with the existing architecture, to the satisfaction of the Community
Development Director. Storage on the balconies, except for that which is integral
to the design of the unit, must be prohibited and enforced by the apartment
manager.
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Resolution No. PC-2013-
Page 6
16. Prior to the issuance of a Zoning Clearance for the first building permit, the
construction plans for the apartment buildings must include the provision of
suitable conduits and mounting locations within the central roof wells of each
building to allow for mounting individual satellite dishes and/or antennas and
residents will be offered the ability to setup personal satellite television service
accounts utilizing these facilities, to the satisfaction of the Community
Development Director.
17. Native trees, including but not limited to sycamores and other native trees, must
be incorporated into the landscape plan. None of the prohibited plants indicated
in the Provisionally Acceptable Plant List and the Invasive and Prohibited Plant
List contained in the city's Landscape Guidelines may be used in this
development.
18. Prior to issuance of a Zoning Clearance for the first building permit, a plan must
be provided for review and approval by the Community Development Director for
covering of the existing flood control channel through the project site boundaries.
19. All requirements of the Development Agreement 2012-03 shall apply. If there is
a conflict in the requirements of the Development Agreement and these
conditions of approval the requirements of the Development Agreement shall
take precedence.
20. Prior to issuance of a Zoning Clearance for the first building permit, an
Assessment District shall be formed to fund future City costs, for the
maintenance of parkway landscaping on Casey Road and Walnut Canyon Road,
landscaping and irrigation of the landscaped area above the retaining wall along the
southern perimeter of the property, storm water quality basin and drainage
improvements, including basin landscaping and irrigation, and maintenance of the
basin access drive and emergency access drive. It shall be the intent of the City
to approve the required assessment each year, but to only levy that portion of the
assessment necessary to recover any past City costs or any anticipated City
costs for the following fiscal year. The City shall administer the annual renewal
of the Assessment District and any costs related to such administration shall be
charged to the Fund established for such district revenues and expenses.
21. Prior to the issuance of a Zoning Clearance for the first building permit, the
applicant shall be required to form an Assessment District; the applicant shall be
required to undertake and complete the following:
a. At least one-hundred-twenty (120) days prior to the planned recordation of
any Final Map or the issuance of any zoning clearance for building permit,
whichever comes first:
submit the final draft plans for any irrigation, landscaping or
Drainage Improvements [herein "Maintained Areas"] to be
maintained by the Assessment District, along with any required
plan checking fees;
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Resolution No. PC-2013-
Page 7
ii. submit a check in the amount of$5,000 as an advance to cover the
cost of Assessment Engineering for the formation of the
Assessment District [Note: Developer shall be required to pay for all
final actual assessment engineering costs related to the
Assessment District formation along with City administrative costs.];
b. At least sixty (60) days prior to the planned recordation of any Final Map
or the issuance of any zoning clearance for building permit, whichever
comes first, submit to the City the completed, "City approved" plans for the
Maintained Areas (landscaping, irrigation and NPDES Drainage
Improvements);
c. Prior to the planned recordation of any Final Map or the issuance of any
zoning clearance for building permit, whichever comes first, submit to the
City a signed Petition and Waiver requesting formation of the Assessment
District [Note: The Petition and Waiver shall have attached to it as Exhibit
`A' the City approved final draft Engineer's Report prepared by the
Assessment Engineer retained by the City.]
-END-
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ITEM: 8.B.
MOORPARK,CALIFORNIA
Planning Commission
of 2 .2(p . 2013
ACTION:APPCOVEi STAFF ReCc 1 t fl 1.
A�Dp1 RES NO P 2oi3 SI;?n
t DENS. -.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: David A. Bobardt, Community Developmen .�1►i ector
Prepared by Joseph Fiss, Principal Planner
DATE: February 21, 2013 (PC Meeting of 2/26/13)
SUBJECT: Consider a Resolution Recommending Approval of Tentative Tract
Map No. 5906, a Re-Subdivision of Tract No. 5147 for 17 Industrial
Lots on 34.70 Acres, Located 1300 Feet West of Gabbert Road, North
of the Union Pacific Railroad Right-of-Way, on the Application of
John Newton for A-B Properties
BACKGROUND
On August 17, 2012, John Newton for A-B Properties filed an application for Tentative
Tract Map No. 5906, a re-subdivision of Tract No. 5147 for 17 industrial lots on 34.70
acres, located 1300 feet west of Gabbert Road, north of Union Pacific Railroad right-of-
way. The site currently is partially graded and unimproved, but has been subdivided
with 17 industrial lots, one open space lot, private streets, and dedications for North
Hills Parkway. A settlement agreement with Southern California Edison (SCE) over
access to the property has resulted in the need to reconfigure the lots and
improvements.
DISCUSSION
Project Setting
Existing Site Conditions:
The existing 34.70 acre site has been partially graded and grubbed to a generally flat
condition under a previously approved permit. Plants that have re-grown on the site
consist of weeds and shrubs. There is an existing Ventura County Flood Control District
concrete flood control channel (Gabbert Wash) located contiguous and west of the
proposed north-south connector street which will remain permanent open space and
has not been graded. Historically, the site had been used for agricultural purposes.
The site is currently accessed from Gabbert Road from an unpaved easement through
the property on the east. The disposition of this easement is discussed in detail in the
analysis section below.
21
Honorable Planning Commission
February 26, 2013
Page 2
Previous Applications:
Resolution No. 98-1556, approving General Plan Amendment No. 97-2, was adopted by
the City Council on December 16, 1998, amending the Land Use Element of the
General Plan from "AG-1" (Agricultural 1du/10-40 acres) to "1-2" (Medium Industrial).
Ordinance No. 249, approving Zone Change No. 97-6 to change the designation from
A-E (Agricultural Exclusive) to M-2 (Medium Industrial), was adopted by the City Council
on December 16, 1998.
Ordinance No. 250, which included two Development Agreements, one with A-B
Properties for the subject site, and one with Southern California Edison Company for an
adjacent 8.79 acres, was adopted by the City Council on December 16, 1998.
Resolution No. 2000-1714 was adopted by the City Council on March 15, 2000,
approving Tentative Tract Map No. 5147 for the subdivision of 34.53 acres into 17
industrial lots, including remainders for open space and right-of-way.
All Los Angeles Avenue Area of Contribution fees were paid on September 28, 2006,
and Final Map No. 5147 was approved by the City Council and was recorded on Friday,
August 17, 2007.
On January 16, 2013, the City Council adopted Ordinance No. 416, approving a new
development agreement for this property consistent with the terms of the settlement
agreement, replacing a development agreement in effect since 1998. This new
development agreement became effective on February 15, 2013
GENERAL PLAN/ZONING
Direction General Plan Zoning Land Use
Site I-2 M-2 Graded Industrial Site
(Medium Industrial) (Limited Industrial)
RL Rural Low AE .
North Vacant& Residential
__._.__._._._...__.. ....(1 du/5 acres maximum) (Agricultural Exclusive) ._._._......__.......___...... ..___.__._._.__._.__._..
South 1-2 M-2 Utility Lines Railroad,
Medium Industrial (Limited Industrial) Vacant Land
RL Rural Low AE
East Unimproved
(1 du/5 acres maximum) (Agricultural Exclusive)
West RL Rural Low AE Flood Control Channel
(1 du/5 acres maximum) (Agricultural Exclusive) Agricultural Grove
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Honorable Planning Commission
February 26, 2013
Page 3
General Plan and Zoning Consistency:
The property is zoned M-2 (Limited Industrial). The purpose of this zone is to provide
suitable areas for the development of a broad range of industrial and quasi-industrial
activities of a light manufacturing, processing or fabrication nature, while providing
appropriate safeguards for adjoining industrial sites, nearby nonindustrial properties and
the surrounding community. This subdivision is consistent with the goals of the zone.
The General Plan designation of the property is 1-2 (Medium Industrial). This
designation is intended to provide for intensive industrial uses including light
manufacturing, processing, fabrication and other non-hazardous industrial uses. Goal
No. 10 of the Land. Use Element of the General Plan is to "Encourage a diversity of
industrial uses which are located and designed in a compatible manner with
surrounding land uses. This subdivision is consistent with the goals of the General
Plan."
Project Summary
The applicant is proposing a re-subdivision of a previously approved recorded tract
map. Tract No. 5147 was approved and recorded with the same number of lots and
open space as is currently being proposed, albeit with a slightly different layout. The
new layout is designed to accommodate an access road (discussed below) and
changes to the geometry of the proposed North Hills Parkway.
Proposed Tentative Tract Map No. 5906 includes 17 lots ranging in size from .82 acres
to 1.53 acres. One 6.64 acre remainder lot on the west side of the Gabbert Wash will
be covered by a conservation easement to remain in perpetual open space. Internal
streets will be private roads, with easements for public access.
Proposed Project
Site Improvements and National Pollution Discharge Elimination Standards
Requirements (NPDES):
Standard conditions for the project require all necessary on-site and off-site storm drain
improvements to be in compliance with National Pollution Discharge Elimination System
(NPDES) requirements. "Passive" Best Management Practices Drainage Facilities are
required to be provided so that surface flows are intercepted and treated on the surface
over biofilters (grassy swales), infiltration areas and other similar solutions.
ANALYSIS
Issues
A dispute arose between SCE and A-B Properties when the developer of the A-B
Properties land wanted to grade an access road from Gabbert Road to Tract 5147 on a
2001 easement they obtained on the adjacent Hitch Ranch property. That easement
was recorded on top of an exclusive easement already held by SCE since 1963. In
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Honorable Planning Commission
February 26, 2013
Page 4
October, 2007, A-B Properties sued SCE to enforce their access easement. A
Settlement Agreement between A-B Properties, SCE, and the Hitch Ranch owners
resolved this lawsuit. The terms of the Settlement Agreement, in summary, allow for A-
B Properties to construct and use an access road on the SCE property (conveyed in fee
to SCE as part of the settlement) for up to 40 years. Additional terms and restrictions
call for this access road to be no more than 32 feet wide, not interfering with any SCE
electrical transmission, have a slope drain no more than 3 feet wide, and provide truck
driveway access to SCE's 3 high voltage power poles. The Settlement Agreement also
calls for a new access road to replace this access road, restricting the original access
road to be for emergency access only once a new access road is built. Finally, after 8
years, A-B Properties would be responsible for a $125,000 per year use fee on the
access road if it is still needed. A separate Settlement Agreement between the City and
SCE led to action by the City Council in July 2011 to terminate the SCE Development
Agreement and rezone the 8.79-acre SCE property back to Agricultural Exclusive (A-E)
zoning, in place prior to approval of the two Development Agreements with A-B
Properties and SCE.
Concurrently, the City has been working on the specific alignment of the proposed North
Hills Parkway. The Parkway is intended to connect Los Angeles Avenue, at the western
boundary of the City with State Highway 118 to the east. The City has been acquiring
right-of-way from developments as they are approved adjacent to the Parkway. The
original design of this subdivision had the western entrance near the southern
boundary. Due to the design of the railroad underpass, it became apparent that this
entrance would not work with the geometry of the underpass and would have to be
relocated northerly. Originally, there was no access to the subdivision from the north.
As a result of the access restrictions discussed above, it was necessary to create a
second perpetual access to the subdivision. This new subdivision resolves these issues
by creating appropriately located accesses and internal circulation while maintaining the
same number of lots, with approximately the same sizes.
Findings
SUBDIVISION MAP ACT FINDINGS: Based on the information set forth in the
staff report(s) and accompanying maps and studies the City Council has determined
that the Tentative Parcel Map, with imposition of the attached special and standard
Conditions of Approval, meets the requirements of California Government Code
Sections 66473.5, 66474, 66474.6, and 66478.1 et seq., in that:
A. The proposed map is consistent with the City of Moorpark General Plan and
Zoning Ordinance in that it is designed to accommodate uses permitted by the I-
2 (Medium Industrial) General Plan Designation and M-2 (Limited Industrial)
Zoning Designation.
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Honorable Planning Commission
February 26, 2013
Page 5
B. The design and improvements of the proposed subdivision would be consistent
with the City of Moorpark General Plan in that the subdivision advances the
Circulation Element by accommodating the future development of North Hills
Parkway and advances the Land Element by providing additional land to
accommodate a diversity of industrial uses which are located and designed in a
compatible manner with surrounding land uses.
C. The site is physically suitable for the type of development proposed in that the
site can be engineered to allow for all required utilities to be brought to the site,
adequate ingress and egress can be obtained, and the site can be provided with
public and emergency services.
D. The site is physically suitable for the proposed density of development, in that the
design provides for large graded pads for industrial development.
E. The design of the subdivision and the proposed improvements are not likely to
cause substantial environmental damage, in that all potential impacts would be
mitigated through project design or conditions.
F. The design of the subdivision and the type of improvements are not likely to
cause serious public health problems, in that adequate sanitation is both feasible
and required as a condition of this development.
G. The design of the subdivision and the type of improvements will not conflict with
easements acquired by the public at large, for access through, or use of the
property within the proposed subdivision, in that these easements have been
identified and incorporated in the design of this project.
H. There will be no discharge of waste from the proposed subdivision into an
existing community sewer system in violation of existing water quality control
requirements under Water Code Section 13000 et seq.
1. The proposed subdivision does not contain or front upon any public waterway,
river, stream, coastline, shoreline, lake, or reservoir.
PROCESSING TIME LIMITS
Time limits have been established for the processing of development projects under the
Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the
Subdivision Map Act (Government Code Title 7, Division 2), and the California
Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13,
and California Code of Regulations, Title 14, Chapter 3). Under the applicable
provisions of these regulations, the following timelines have been established for action
on this project:
Date Application Determined Complete: February 7, 2013
Planning Commission Action Deadline: N/A
City Council Action Deadline: May 5, 2013
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Honorable Planning Commission
February 26, 2013
Page 6
Upon agreement by the City and Applicant, one 90-day extension can be granted to the
date action must be taken on the application.
ENVIRONMENTAL DETERMINATION
In accordance with the City's environmental review procedures adopted by resolution,
the Community Development Director determines the level of review necessary for a
project to comply with the California Environmental Quality Act (CEQA). Some projects
may be exempt from review based upon a specific category listed in CEQA. Other
projects may be exempt under a general rule that environmental review is not
necessary where it can be determined that there would be no possibility of significant
effect upon the environment. A project which does not qualify for an exemption requires
the preparation of an Initial Study to assess the level of potential environmental impacts.
Based upon the results of an Initial Study, the Director may determine that a project will
not have a significant effect upon the environment. In such a case, a Notice of Intent to
Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For
many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be
sufficient environmental documentation. If the Director determines that a project has
the potential for significant adverse impacts and adequate mitigation can not be readily
identified, an Environmental Impact Report (EIR) is prepared.
An Initial Study and Mitigated Negative Declaration had been prepared and certified for
the original project. No new information or impacts that require preparation of a new or
subsequent study have been identified as a res.ult of this proposed modification to the
project.
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the public hearing.
2. Adopt Resolution No. PC-2013- , recommending to the City Council
conditional approval of Tentative Tract No. 5906.
ATTACHMENTS:
1. Location Map
2. Aerial Photograph
3. Project Exhibits
A. Tentative Tract No. 5906
B. Right-of-Way Exhibit
C. Recorded Tract No. 5147
4. Draft PC Resolution with Conditions of Approval
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26
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LOCATION MAP
PC ATTACHMENT NO. 1
27
•
SITE
•
_s_
•
.14 ti-? �., t ....'3 I .__. _. p.
AERIAL PHOTOGRAPH
PC ATTACHMENT NO. 2
28
Project Exhibits (UNDER SEPARATE COVER)
3. Project Exhibits
A. Tentative Tract No. 5906
B. Right-of-Way Exhibit
C. Recorded Tract No. 5147
(UNDER SEPARATE COVER)
COPIES OF THE EXHIBIT ARE AVAILABLE
UPON REQUEST OF THE PROJECT PLANNER
PC ATTACHMENT 3
29
RESOLUTION NO. PC-2013-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE
CITY COUNCIL APPROVAL OF TENTATIVE TRACT MAP NO.
5906, A RESUBDIVISION OF TRACT NO. 5147 FOR 17
INDUSTRIAL LOTS ON 34.70 ACRES, LOCATED 1300 FEET
WEST OF GABBERT ROAD, NORTH OF THE UNION PACIFIC
RAILROAD RIGHT-OF-WAY, ON THE APPLICATION OF JOHN
NEWTON FOR A-B PROPERTIES
WHEREAS, at a duly noticed public hearing on February 26, 2013 the Planning
Commission considered Tentative Tract Map No. 5906, a resubdivision of Tract No.
5147, for 17 industrial lots on 34.70 acres, located 1300 feet west of Gabbert Road,
north of the Union Pacific Railroad right-of-way, on the application of John Newton for
A-B Properties; and
WHEREAS, at its meeting of February 26, 2013 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
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DOCUMENTION: the Planning Commission
concurs with the Community Development Director's determination that 1) an Initial
Study and Mitigated Negative Declaration had been prepared and certified for the
original project; 2) No new information or impacts that require preparation of a new or
subsequent study have been identified as a result of this proposed re-subdivision of the
project; and 3) No further environmental documentation is required.
SECTION 2. SUBDIVISION MAP ACT FINDINGS: Based on the information
set forth in the staff report(s) and accompanying maps and studies the City Council has
determined that the Tentative Parcel Map, with imposition of the attached special and
standard Conditions of Approval, meets the requirements of California Government
Code Sections 66473.5, 66474, 66474.6, and 66478.1 et seq., in that:
A. The proposed map is consistent with the City of Moorpark General Plan and
Zoning Ordinance in that the it is designed to accommodate uses permitted by
the 1-2 (Medium Industrial)General Plan Designation and M-2 (Limited Industrial)
Zoning Designation
PC ATTACHMENT 4
30
Resolution No. PC-2013-
Page 2
S. The design and improvements of the proposed subdivision would be consistent
with the City of Moorpark General Plan in that the subdivision advances the
Circulation Element by accommodating the future development of North Hills
Parkway and advances the Land Element by providing additional land to
accommodate a diversity of industrial uses which are located and designed in a
compatible manner with surrounding land uses.
C. The site is physically suitable for the type of development proposed in that the
site can be engineered to allow for all required utilities to be brought to the site,
adequate ingress and egress can be obtained, and the site can be provided with
public and emergency services.
D. The site is physically suitable for the proposed density of development, in that the
design provides for large graded pads for industrial development.
E. The design of the subdivision and the proposed improvements are not likely to
cause substantial environmental damage, in that all potential impacts would be
mitigated through project design or conditions.
F. The design of the subdivision and the type of improvements are not likely to
cause serious public health problems, in that adequate sanitation is both feasible
and required as a condition of this development.
G. The design of the subdivision and the type of improvements will not conflict with
easements acquired by the public at large, for access through, or use of the
property within the proposed subdivision, in that these easements have been
identified and incorporated in the design of this project.
H. There will be no discharge of waste from the proposed subdivision into an
existing community sewer system in violation of existing water quality control
requirements under Water Code Section 13000 et seq.
I. The proposed subdivision does not contain or front upon any public waterway,
river, stream, coastline, shoreline, lake, or reservoir.
SECTION 3. PLANNING COMMISSION RECOMMENDATION: The Planning
Commission recommends to the City Council approval of Tentative Tract Map No. 5906
subject to the special and standard Conditions of Approval included in Exhibit A (Special
and Standard Conditions of Approval), attached hereto and incorporated herein by
reference.
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Resolution No. PC-2013-
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 26t" day of February, 2013.
Diana S. Gould, Chair
David A. Bobardt, Community Development Director
Exhibit A—Standard and Special Conditions of Approval
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Resolution No. PC-2013-
Page 4
EXHIBIT A
STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR
TENTATIVE TRACT MAP NO. 5906
STANDARD CONDITIONS OF APPROVAL
The applicant shall comply with Standard Conditions of Approval for Subdivisions and
Planned Developments as adopted by City Council Resolution No. 2009-2799 (Exhibit
A), 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. All requirements as specified in the Development Agreement adopted by
Ordinance No. 416 shall apply to this Tentative Tract Map.
2. All lands and interests in land dedicated to City shall be free and clear of liens
and encumbrances other than easements or restrictions that do not preclude or
interfere with use of the land or interest for its intended purpose, as reasonably
determined by City.
3. Developer agrees to cast affirmative ballots for the formation of an assessment
district and levying of assessments, for the maintenance of parkway and median
landscaping, street lighting and if requested by the City Council, parks for the
provision of special benefits conferred by same upon properties within the
Project. Developer further agrees to form one or more property owner
associations and to obligate said associations to provide for maintenance of
parkway and median landscaping, street lighting, and if requested by the City
Council, parks in the event the aforementioned assessment district is dissolved
or altered in any way or assessments are reduced or limited in any way by a
ballot election of property owners, or if the assessment district is invalidated by
court action.
4. Developer shall provide City an irrevocable offer of dedication to dedicate right-
of-way at no cost to City for the future North Hills Parkway (also known as future
118 bypass) along the entire length of the north side of the Property and along
the entire length of the west side of the Property east of the Gabbert Channel.
The right-of-way shall be a minimum of one hundred (100) feet in width on both
sections and shall also include necessary on-site and off-site slope easements in
addition to this width to accommodate a grade-separated crossing of the existing
railroad tracks south of the Property, along with turn radii and entry/exit lanes as
determined by the City at its sole and unfettered discretion. Developer further
agrees to dedicate access rights from the Property to the City along the entire
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Resolution No. PC-2013-
Page 5
North Hills Parkway frontage, except for private streets as part of the Tract Map
for this Project.
5. Developer agrees that as part of any grading of the property the right-of-way for
the future North Hills Parkway shall be graded per City direction.
6. Developer agrees to comply with all the provisions of the Hillside Management
Ordinance (Chapter 17.38 of the Municipal Code) of the City.
7. Prior to recording of the Final Map, Developer agrees to acquire and construct, at
its sole cost, dedicated public access to the properties, as approved by the City
Council. Secondary access to comply with City and public safety requirements
shall also be provided at their sole cost.
8. Developer shall grant, in a form acceptable to City, a conservation easement to
retain that portion of the Property west of and including the Gabbert Canyon
drain in a predominantly open space condition consistent with Civil Code Section
815 et seq., except for the following purposes: temporary construction (including
temporary pumping needed for dewatering as part of any approved grading
operations for the Property), landscape maintenance of manufactured slope
areas, vegetation clearance within two hundred (200) feet of any structure for fire
hazard reduction, revegetation and biological habitat enhancement required by
City consistent with any Mitigation Monitoring Program, drainage conveyance,
emergency access and extension of State Route 118. No excavation, drilling,
extraction, pumping (excluding such pumping as may be needed for dewatering
as part of approved grading operations), mining, or similar activity shall be
allowed in any portion of the Property zoned Open Space. The limitations and
exclusions described in this subsection shall be included in the conservation
easement. The foregoing does not restrict the extraction of subsurface mineral
resources by drilling from off the Property so long as the drilling apparatus and
equipment are screened from view from all points within the City. Further, if the
drilling site is not within the City, Developer agrees that before proceeding with
any drilling it shall secure a use permit from the City which may include
conditions ordinarily placed upon drilling operations. Further, noise impacts from
the drilling shall meet the same noise standards as placed on Industrial Planned
Development Permits and there shall be no visible evidence or impacts on the
ground surface of the Property:
The conservation easement shall be recorded concurrently with the recordation
of the first final subdivision map for the Property.
9. Prior to approval of a Final Map, Developer shall execute in favor of City and
record in the Office of the County Recorder of the County of Ventura a Covenant
running with the Land (Covenant) as set forth in Exhibit "B" of the Development
Agreement adopted by Ordinance No. 416.
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Resolution No. PC-2013-
Page 6
10. Prior to approval of the final map for Tract No. 5906 for the Property, Developer
shall submit and gain approval from City Manager of an Implementation Plan.
The Implementation Plan shall address the requirements for phasing and
construction responsibilities of Developer and any successors including sureties
for performance for all grading, construction of storm drains and utilities, private
and public streets, and other private and public improvements on or offsite
required by Tract 5906 and the Development Agreement adopted by Ordinance
No. 416. The Implementation Plan shall also address entities responsible and
method of timing of guarantee for each component of Developer's obligations
pursuant to Tract 5906 and the Development Agreement adopted by Ordinance
No. 416, and no portion of the responsibility for these improvements may be
transferred to owners of any individual lots in Tract 5906. The approval of the
Implementation Plan and any amendments thereto shall be at the City Manager's
sole discretion. Prior to sale or transfer of ownership of any portion of Tract
5906, except individual lots, Developer shall seek City Manager approval of an
amendment to the Implementation Plan to address the responsibilities of each
entity.
11. Prior to the recording of the Final Map for the Project, a Community Facilities
District or other funding mechanism to the satisfaction of the City Council, shall
be established to provide funding for improvements to North Hills Parkway from
the future eastern Property access road along the east-west section of North Hills
Parkway to Gabbert Road and Gabbert Road from North Hills Parkway to a point
one-hundred and twenty-five (125) feet north of the railroad right-of-way. A full or
partial buyout in an amount and timing to the satisfaction of the City Council may
substitute for the establishment of a district or other funding mechanism.
12. Prior to approval of the Final Map, a complete landscape and wall plan for the
project frontage along the North Hills Parkway, together with specifications and a
maintenance program shall be prepared by a State Licensed Landscape
Architect in accordance with the Moorpark Landscape Design Standards and
Guidelines and Water Efficient Landscape Ordinance, and shall be submitted to
the Community Development Director for review and approval. The plans shall
be approved prior to approval of the Final Map, and appropriate surety posted as
part of the subdivision improvement agreement. This wall and landscaping shall
be installed with the improvements to North Hills Parkway required for this
subdivision. The Applicant shall bear the cost of the landscape plan review,
installation of the landscaping and irrigation system, and of final landscape
inspection.
13. The final grading plans shall indicate the geotechnical consultant's removal and
recompaction recommendations and shall be reviewed, approved, signed and
wet- stamped by the project geotechnical engineer and project engineering
geologist, as acknowledgement that their recommendations have been
incorporated.
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Resolution No. PC-2013-
Page 7
14. Concurrent with submittal of the grading plan, an Erosion Control Plan shall be
submitted to the City for review and approval by the City Engineer/Public Works
Director. The design shall include measures for hydroseeding on all graded
areas within 30 days of completion of grading unless otherwise approved by the
City Engineer. Reclaimed water shall be used for dust control during grading, if
available from Waterworks District No. 1 at the time of grading permit approval.
15. Requests for grading permits will be granted in accordance with the approved
Tentative Map No.5906, as required by these conditions and City ordinance
/policies. Additionally, the grading plan for the project shall identify the phase in
which individual lots will be graded and developed. The phasing plan shall be
subject to the review and approval of the Community Development Director.
16. All recommendations included in the approved geotechnical engineering report
shall be implemented during project design, grading, and construction in
accordance with the approved project. The City's geotechnical consultant shall
review all plans for conformance with the soils engineer's recommendations.
Prior to the commencement of grading plan check, the developer's geotechnical
engineer shall sign the plans confirming that the grading plans incorporate the
recommendations of the approved soils report(s). All review comments from the
City's geotechnical consultant in letter dated October 19, 1999, on file at the City
Engineer's office shall be addressed prior to the issuance of a grading permit.
17. Perimeter Wall The developer shall construct a wall to be located not closer than
ten (10) feet to the property lines of the lots adjacent to North Hills Parkway.
Where adjacent to a slope, the wall shall be located at the top of the slope, but
no closer than ten (10) feet to the property line adjacent to North Hills Parkway.
The design and location of the wall shall be incorporated into the landscape plan
and is subject to the review and approval of the Community Development
Director. The height of the wall on the arterial roadway side shall be determined
by the Community Development Director and shall not exceed eight (8) feet. The
wall shall be approved and constructed as part of the first phase of public street
improvements. The applicant shall bond for the total cost of this improvement.
18. Tri Gem Avenue, Tri Gem Court, and Castlebrite Street shall be designed per
Ventura County Standard Plate B -3D (REV. G).
19. The cul-de-sac at the western end of Castlebrite Court shall be designed per
Ventura County Standard Plate C-3 with a modified 45-foot pavement radius
(REV. D).
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Resolution No. PC-2013-
Page 8
20. Goldbar Drive Street shall be designed per Ventura County Standard Plate B -3C
(REV. G) and D -5. The following exceptions to the Standard Plate shall be
incorporated in the design: (1) the sidewalk shall be 5 feet wide and placed
adjacent to the curb.
21. The Developer shall provide slope easements for road maintenance purposes
only along all roads where the top of cut plus 5 feet or the toe of fill plus 5 feet is
beyond the dedicated right -of-way. Said slope easements shall include the area
covered by the cut slope plus 5 feet and fill slope plus 5 feet.
22. Excepting the temporary paved access road connecting Gabbert Road to the
development site; the Developer shall offer to dedicate,to the City for public use,
all right -of-way easements for public streets. The offer to dedicate all streets in
the project shall not be accepted until dedicated public access is provided.
23. Utilities, facilities and services for Tract 5906 will be extended and /or
•
constructed in conjunction with its phased development by the developer as the
project proceeds.
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ITEM: V.C.
MOORPARK,CALIFORNIA
Planning Commission
of 2.V.o.ZDi3
ACTION:Appgovvo STAW RcCoMMeAD*Iav
ADDPD RFS• No. PC.-2o6 - S8 I .
BY: T CEHL .
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO Honorable Planning Commission
FROM: David A. Bobardt, Community Developme /rector
Prepared by Joseph Fiss, Principal Planner
DATE: February 21, 2013 (PC Meeting of 2/26/13)
SUBJECT: Consider a Resolution Recommending Approval of Commercial
Planned Development Permit No. 2012-02 and Conditional Use
Permit No. 2012-07 for a 21,644 Square-Foot Church on a 2.78 Acre
Lot at 13960 Peach Hill Road, on the Application of Hollee L. King,
AICP/SitesPacific, Inc. for the Kim Clement Center
BACKGROUND
On November 19, 2012, applications for a Commercial Planned Development (CPD)
Permit No. 2012-02 and Conditional Use Permit (CUP) No. 2012-07 were submitted by
Hollee L. King, AICP/SitesPacific, Inc. for the Kim Clement Center, for construction of a
21,644 square-foot church on a 2.78 acre lot located at 13960 Peach Hill Road.
DISCUSSION
Project Setting
Existing Site Conditions:
The 2.78 acre site is located on the south side of Peach Hill Road, east of Spring Road,
between the Moorpark Presbyterian Church on the west and the Pinecrest Elementary
School on the east.
38
Honorable Planning Commission
February 26, 2013
Page 2
Previous Applications:
The zoning of the property (Institutional) was previously established as part of the
Amended Carlsberg Specific Plan (Specific Plan 92-1), approved on September 7,
1994. On September 21, 1994, the City Council adopted regulations in the Zoning
Ordinance for the Amended Carlsberg Specific Plan area, ensuring that future
development proceeds in a coordinated manner consistent with the goals and policies
of the Amended Carlsberg Specific Plan and the City of Moorpark General Plan. The
standards apply to development of all residential, business park, commercial,
institutional and open space areas. On December 20, 1995, the City Council approved
Tentative Tract Map Nos. 4973 and 4974 consisting of large lots which define areas for
development currently proposed for subdivision. Tract No. 4974 is for the southern
portion of the Amended Carlsberg Specific Plan.
On June 16, 1999, the City Council adopted Resolution No. 99-1623, approving
Commercial Planned Development (CPD) No. 98-2 for a 38-bed residential dementia
care facility on the application of the Damone Group. This facility was never built and
the entitlement expired.
On September 12, 2007, the City Council adopted Resolution No. 2007-2626, approving
Commercial Planned Development Permit No. 2007-01 and Tentative Tract Map No.
5743; to allow construction of a proposed medical plaza to include twenty-four (24)
medical services condominiums for uses such as an outpatient surgery center, MRI
diagnostic services, rehabilitation and laboratory services, and urgent care. This facility
was never built and the entitlement expired.
GENERAL PLAN/ZONING
Direction General Plan Zoning Land Use
Site Specific Plan Carlsberg Specific Plan Unimproved
(Institutional)
North Medium Density Residential Planned Development Church
Residential
Carlsberg Specific Plan Private
South Specific Plan Elementary
(Institutional)
School
East Specific Plan Carlsberg Specific Plan Middle School
(Middle School)
West Medium Density Residential Planned Development Residential
Residential
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39
Honorable Planning Commission
February 26, 2013
Page 3
General Plan and Zoning Consistency:
As noted in the table above, the project site is designated for institutional uses in the
Carlsberg Specific Plan. The "Institutional" area of the Carlsberg Specific Plan under
Ordinance No. 195 allows places of worship, subject to a CUP. A CUP is required prior
to initiation of uses in a given zone as specified by Chapter 17.20 of the Zoning
Ordinance where review by the Planning Commission through a public hearing process
is required to determine if the proposed use complies with certain findings as listed in
Chapter 17.44 of the Zoning Ordinance and included later in this staff report. . Although
a CUP application is normally approved or denied by the Planning Commission, the
decision on this project's CUP will be elevated to the City Council because the
Commercial Planned Development Permit required for this project requires City Council
approval. The Planning Commission is therefore a recommending body on both
entitlements for this project.
A Commercial Planned Development (CPD) permit is required prior to initiation of uses
and structures in a given zone 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 the Zoning Ordinance 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 are established as part of the
planned development permit review and approval process.
Goal Number 6 of the Land Use Element of the General Plan is to "Encourage the use
of Specific Plans in the undeveloped areas of the community". Policy 6.5 States:
"The land use plan shall include adequate land for public recreational, cultural,
educational, institutional (governmental, police, fire, etc.) religious and other service
uses for the community." The proposed place of worship in this location helps meet this
goal and policy
Project Summary
The applicant is proposing the construction of a 21,644 square-foot church on a 2.78
acre lot within the Carlsberg Specific Plan area.
Proposed Project
Architecture:
The building has been designed in a manner consistent with the design guidelines of
the Carlsberg Specific Plan. The Specific Plan encourages institutional buildings to be
designed in a manner "very similar to and harmonious with the residential areas." This
includes a clay tile roof, stone exterior cladding, and neutral colors. This is discussed in
detail in the analysis section below.
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40
Honorable Planning Commission
February 26, 2013
Page.4
Setbacks:
Like the previously approved medical building on this site, the building has been sited to
the rear of the lot, providing for landscaping and parking on the Peach Hill Road
frontage. The use of the Commercial Planned Development process allows for flexibility
in design standards to encourage better use of land and improved design and site
planning. The project meets the setback requirements of the Carlsberg Specific Plan.
The parking lot has been designed such that there is a 30 foot front setback to edge of
the pavement; This, combined with the slope landscaping to the north and south of the
building, will provide for enhanced landscaped areas, consistent with the goals of the
Commercial Planned Development process.
Circulation and Parking:
The proposed on-site circulation, parking, and loading area are appropriate for a place
of worship. The single driveway from Peach Hill Road provides entry and exiting to the
parking lot. The main entrance to the building is easily accessible from any parking
space and there are adequate sidewalks to accommodate passenger loading and
unloading.
A place of worship requires 1 parking space per 80 square feet of main auditorium
(sanctuary or place of worship) and classrooms plus 1 space per 300 square feet of
offices.
Auditorium and Classroom Office Total Required Total Parking
Required Parking: Required Parking: parking Spaces Spaces Provided
5,443 SF @ 1 Space/80 SF 6,046 SF @ 1 Space/300 SF
68.04 Spaces 20.15 Spaces 88 Spaces 94 Spaces
Traffic:
According to the Trip Generation manual of the Institute of Transportation Engineers
(ITE), this project is anticipated to generate approximately 197 trip-ends per weekday
and 793 trip-ends per Sunday, based on its floor area.
Landscaping:
The lot consists of an existing rough graded pad which has been cleared. A retaining
wall was constructed between the eastern property line and the parking lot as part of the
previously approved project. The remaining slope, and the existing slope to the north
will be required to be landscaped in a manner consistent with the surrounding buildings
while at the same time providing adequate drainage, slope support and erosion control.
Landscaping consistent with the City's Landscape Guidelines will be required in the
parking lot and all setback areas. The slope area adjacent to this property is jointly
owned and maintained by Pinecrest School and the subject property. The applicant is
proposing to take over the entire maintenance and re-landscaping of this area. In the
past the maintenance of this slope area has been inconsistent with those areas along
Spring Road that are maintained by the landscape maintenance district.
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Honorable Planning Commission
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Page 5
Site Improvements and National Pollution Discharge Elimination Standards
Requirements (NPDES):
The City Engineer has conditioned the project to provide for all necessary on-site and
off-site storm drain improvements including the imposition of National Pollution
Discharge Elimination System (NPDES) requirements. "Passive" Best Management
Practices Drainage Facilities are required to be provided so that surface flows are
intercepted and treated on the surface over biofilters (grassy swales), infiltration areas
and other similar solutions.
Air Quality:
All commercial/industrial projects are required to off-set air pollutants consistent with the
2003 Ventura County Air Quality Assessment Guidelines. Staff has included a standard
condition requiring the applicant to make contribution to the Moorpark Traffic System
Management Fund as a method to meet this requirement.
ANALYSIS
Issues
Staff analysis of the proposed project has identified project design as the primary issue
for Planning Commission consideration in their recommendation to the City Council.
The proposed place of worship is designed with contemporary architecture, using
traditional exterior materials. The averaged midpoint of the auditorium roof, which is the
tallest feature, is 35 feet, consistent with the code requirement. The Carlsberg Specific
Plan calls for building massing to be articulated to reinforce an intimate human scale.
This is accomplished by the use of human-scaled trellises, arches, walkways, and
ground floor windows. The terra cotta clay tile roofs are all 3 to 12 pitch and employ
four foot overhangs on the large and medium forms, and two foot overhangs smaller
scale forms. Rooftop mechanical equipment is screened from view by taller building
forms. A standard condition of approval requires that the equipment not be visible from
the street. All proposed materials and colors and the building design are consistent with
the architecture design guidelines of the Carlsberg Specific Plan.
The primary exterior material is natural sandstone cladding, which provides an
interesting texture and a sense of permanence. The wood plank entry doors are
surrounded by a sandstone arch set into a large stained art glass wall. Two additional
stained art glass features are incorporated on the south and north elevations. The
design of the stained art glass has not been selected; however, a condition of approval
has been added, requiring that the final design be submitted to the Community
Development Director for final review.
The prayer garden structure on the north side of the building is an open courtyard
bounded by a covered overlook comprised of a low sandstone wall, columns and vine
covered wood timber trellis.
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Honorable Planning Commission
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Page 6
The rear elevation of the building will be highly visible from Spring Road and the homes
to the west, in the Peach Hill and surrounding area and is proposed to be heavily
landscaped. The architect has incorporated the trash and recycling area into the
building elevations, so that they will not be visible from Spring Road.
Findings
Conditional Use Permit Findings
1. The proposed use is consistent with the provisions of the General Plan, Zoning
Ordinance, and any other applicable regulations, in that it furthers Goal 6 of the
Land Use Element of the General Plan as follows: "Encourage the use of Specific
Plans in the undeveloped areas of the community"; and Policy 6.5 as follows:
"The land use plan shall include adequate land for public recreational, cultural,
educational, institutional (governmental, police, fire, etc.) religious and other
service uses for the community." The proposed place of worship in this location
helps meet this goal and policy The Conditional Use Permit and Commercial
Planned Development are compatible with the character of surrounding
development in that the use is consistent with surrounding uses and the
architectural style of the existing building is consistent with surrounding buildings
and will not change.
2. The proposed use is compatible with both existing and permitted land uses in the
surrounding area, in that this use is similar in nature to permitted and
conditionally permitted uses within Carlsberg Specific Plan and is in an area
which is substantially developed.
3. The proposed use is compatible with the scale, visual character and design of.
surrounding properties, designed so as to enhance the physical and visual
quality of the community, and the structure has design features which provide
visual relief and separation between land uses of conflicting character in that this
proposed building has been designed in a manner consistent with the
surrounding architecture of the area and consistent with the Architecture Design
Guidelines of the Carlsberg Specific Plan.
4. The proposed use would not be obnoxious or harmful, or impair the utility of
neighboring property or uses, in that the use has been evaluated with respect to
neighboring property, and is consistent with surrounding land uses and has been
conditioned to control existing lighting, landscaping, and noise.
5. The proposed use would not be detrimental to the public health, safety,
convenience, or welfare, in that conditions of approval have been added to take
care of any detrimental effects.
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Honorable Planning Commission
February 26, 2013
Page 7
Commercial Planned Development Permit Findings:
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 in that the project has been designed to
comply with the architectural design guidelines of the Carlsberg Specific Plan;
2. The site design would not create negative impacts on or impair the utility of
properties, structures or uses in the surrounding area in that the site design is
sensitive to the site and surrounding properties; and
3. The proposed uses are compatible with existing and permitted uses in the
surrounding area in that places of worship are conditionally permitted in the
Carlsberg Specific Plan.
PROCESSING TIME LIMITS
Time limits have been established for the processing of development projects under the
Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the
Subdivision Map Act (Government Code Title 7, Division 2), and the California
Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13,
and California Code of Regulations, Title 14, Chapter 3). Under the applicable
provisions of these regulations, the following timelines have been established for action
on this project:
Date Application Determined Complete: February 8, 2013
Planning Commission Action Deadline: Not Applicable
City Council Action Deadline: May 6, 2013
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
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Page 8
Based upon the results of an Initial Study, the Director may determine that a project will
not have a significant effect upon the environment. In such a case, a Notice of Intent to
Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For
many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be
sufficient environmental documentation. If the Director determines that a project has
the potential for significant adverse impacts and adequate mitigation can not be readily
identified, an Environmental Impact Report (EIR) is prepared.
The Director has reviewed this project and found it to be Categorically Exempt in
accordance with Section 15332 (Class 32) of the California Code of Regulations (CEQA
Guidelines) in that: The project is consistent with the applicable general plan
designation and all applicable general plan policies as well as with applicable zoning
designation and regulations; The proposed development occurs within city limits on a
project site of no more than five acres substantially surrounded by urban uses; The
project site has no value, as habitat for endangered, rare or threatened species;
Approval of the project would not result in any significant effects relating to traffic, noise,
air quality, or water quality; And, the site can be adequately served by all required
utilities and public services. 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-2013- recommending to the City Council
conditional approval of Commercial Planned Development Permit No. 2012-02
and Conditional Use Permit No. 2012-07.
ATTACHMENTS:
1. Location Map
2. Aerial Photograph
3. Project Exhibits
A-0 Cover Sheet
A-1 Site Plan
A-2 Site Statistics
A-3 First Floor Plan
A-4 Second Floor Plan
A-5 Roof Plan
A-6 Building Section
A-7 3D Exterior Views
A-8 Exterior Elevations
A-9 Exterior Elevations
A-10 Parking Demand
A-11 Colors and Materials Exhibit
L-1 Landscape Plan
L-2 Elevations & Images
4. Draft PC Resolution with Conditions of Approval
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45
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LOCATION MAP
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46
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Project Exhibits (UNDER SEPARATE COVER)
3. Project Exhibits
A-0 Cover Sheet
A-1 Site Plan
A-2 Site Statistics
A-3 First Floor Plan
A-4 Second Floor Plan
A-5 Roof Plan
A-6 Building Section
A-7 3D Exterior Views
A-8 Exterior Elevations
A-9 Exterior Elevations
A-10 Parking Demand
A-11 Colors and Materials Exhibit
L-1 Landscape Plan
L-2 Elevations & Images
(UNDER SEPARATE COVER)
COPIES OF THE EXHIBIT ARE AVAILABLE
UPON REQUEST OF THE PROJECT PLANNER
PC ATTACHMENT 3
18
RESOLUTION NO. PC-2013-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, RECOMMENDING
APPROVAL OF COMMERCIAL PLANNED DEVELOPMENT
PERMIT NO. 2012-02 AND CONDITIONAL USE PERMIT NO.
2012-07 FOR A 21,644 SQUARE-FOOT CHURCH ON A 2.78
ACRE LOT AT 13960 PEACH HILL ROAD, ON THE
APPLICATION OF HOLLEE L. KING, AICP/SITESPACIFIC, INC.
FOR THE KIM CLEMENT CENTER
WHEREAS, at a duly noticed public hearing on February 26, 2013, the Planning
Commission considered Commercial Planned Development Permit No. 2012-02 and
Conditional Use Permit No. 2012-07 on the application of Hollee L. King,
AICP/SitesPacific, Inc. for the Kim Clement Center for a 21,644 square-foot church on a
2.78 acre lot located at 13960 Peach Hill Road; and
WHEREAS, at its meeting of February 26, 2013 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
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DOCUMENTATION: The Planning
Commission concurs with the Community Development Director's determination that
this project is Categorically Exempt from the provisions of CEQA pursuant to Section
15332 (Class 32) of the California Code of Regulations (CEQA Guidelines) in that the
project is consistent with the applicable general and specific plan designation and all
applicable general and specific plan policies as well as with applicable zoning
designation and regulations; the proposed development occurs within city limits on a
project site of no more than five acres substantially surrounded by urban uses; the
project site has no value, as habitat for endangered, rare or threatened species;
approval of the project would not result in any significant effects relating to traffic, noise,
air quality, or water quality; and the site can be adequately served by all required utilities
and public services. No further environmental documentation is required.
SECTION 2. CONDITIONAL USE PERMIT FINDINGS: Based upon the
information set forth in the staff report(s), accompanying studies, and oral and written
public testimony, the Planning Commission makes the following findings in accordance
with City of Moorpark, Municipal Code Section 17.44.040:
PC ATTACHMENT 4
49
Resolution No. PC-2013-
Page 2
A. The proposed use is consistent with the provisions of the General Plan,
zoning ordinance, and any other applicable regulations, in that it furthers Goal
6 of the Land Use Element of the General Plan as follows: "Encourage the
use of Specific Plans in the undeveloped areas of the community"; and
Policy 6.5 as follows: "The land use plan shall include adequate land for
public recreational, cultural, educational, institutional (governmental, police,
fire, etc.) religious and other service uses for the community." The proposed
place of worship in this location helps meet this goal and policy The
Conditional Use Permit and Commercial Planned Development are
compatible with the character of surrounding development in that the use is
consistent with surrounding uses and the architectural style of the existing
building is consistent with surrounding buildings and will not change.
B. The proposed use is compatible with both existing and permitted land uses in
the surrounding area, in that this use is similar in nature to permitted and
conditionally permitted uses within Carlsberg Specific Plan and is in an area
which is substantially developed.
C. The proposed use is compatible with the scale, visual character and design of
surrounding properties, designed so as to enhance the physical and visual
quality of the community, and the structure has design features which provide
visual relief and separation between land uses of conflicting character in that
this proposed building has been designed in a manner consistent with the
surrounding architecture of the area and consistent with the Architecture
Design Guidelines of the Carlsberg Specific Plan.
D. The proposed use would not be obnoxious or harmful, or impair the utility of
neighboring property or uses, in that the use has been evaluated with respect
to neighboring property, and is consistent with surrounding land uses and has
been conditioned to control existing lighting, landscaping, and noise.
E. The proposed use would not be detrimental to the public health, safety,
convenience, or welfare, in that conditions of approval have been added to
take care of any detrimental effects.
SECTION 3. COMMERCIAL PLANNED DEVELOPMENT 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
17A4.030:
A. 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 in that the project has been
designed to comply with the architectural design guidelines of the Carlsberg
Specific Plan;
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Resolution No. PC-2013-
Page 3
B. The site design would not create negative impacts on or impair the utility of
properties, structures or uses in the surrounding area in that the site design is
sensitive to the site and surrounding properties; and
C. The proposed uses are compatible with existing and permitted uses in the
surrounding area in that places of worship are conditionally permitted in the
Carlsberg Specific Plan.
SECTION 4. PLANNING COMMISSION RECOMMENDATION:
The Planning Commission recommends to the City Council approval of
Commercial Planned Development Permit No. 2012-02 and Conditional Use
Permit No. 2012-07 subject to the Special and Standard Conditions of Approval
included in Exhibit A (Special and Standard Conditions of Approval), attached
hereto and incorporated herein by reference.
SECTION 5. FILING OF RESOLUTION: The Community Development
Director shall cause a certified resolution to be filed in the book of original resolutions.
The action of the foregoing direction was approved by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
PASSED, AND ADOPTED this 26th day of February, 2013.
Diana S. Gould, Chair
David A. Bobardt, Community Development Director
Exhibit A— Standard and Special Conditions of Approval
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Resolution No. PC-2013-
Page 4
EXHIBIT A
STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR
COMMERCIAL PLANNED DEVELOPMENT PERMIT NO. 2012-02
AND CONDITIONAL USE PERMIT NO. 2012-07
STANDARD CONDITIONS OF APPROVAL
The applicant shall comply with Standard Conditions of Approval for Planned
Development Permits and Conditional Use Permits as adopted by City Council
Resolution No. 2009-2799 (Exhibits A and B), except as modified by the following
Special Conditions of Approval. In the event of conflict between a Standard and Special
Condition of Approval, the Special Condition shall apply.
SPECIAL CONDITIONS
1. All facilities and uses, other than those specifically requested in the application
and those accessory uses allowed by the Municipal Code, are prohibited unless
otherwise permitted through application for Modification consistent with the
requirements of the zone and any other adopted ordinances, specific plans,
landscape guidelines, or design guidelines.
2. The applicant shall comply with all requirements of Chapter 17.53 (Noise) of the
Zoning Ordinance. In addition, the applicant shall not operate or allow the
operation of any loudspeaker, amplified music, or similar device outside on the
property between the hours of 7:00 p.m. and 7:00 a.m. any day of the week.
3. For indoor or outdoor events that are not considered part of the everyday
operation of the place of worship, the applicant shall apply for and secure a
Temporary Use Permit from the Community Development Department. Such
application must be made at least thirty (30) calendar days prior to the
commencement of the indoor or outdoor event. As part of the Conditions of
Approval, the Community Development Director may require, based upon the
scope and size of the event, security guards, traffic control, valet parking and
other measures to assure that the event does not disrupt the neighborhood and
surrounding area.
4. The landscape plan must incorporate specimen size trees and other substantial
features subject to the review and approval of the Community Development
Director, with enhanced landscaping west of the building. Where feasible, the
applicant shall use native California trees in the landscaping of the project.
Specific tree type, species, size and location shall be to the satisfaction of the
Community Development Director. None of the prohibited plants indicated in the
Provisionally Acceptable Plant List and the Invasive and Prohibited Plant List
contained in the City's Landscape Guidelines may be used in this development
5. All landscaping and irrigation must be installed prior to occupancy.
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Resolution No. PC-2013-
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6. Lighting fixtures must be architecturally compatible with the buildings and
landscaping. Security and parking lot lighting shall not be attached to the
buildings.
7. Visible roof ladders, equipment, vents, exterior drains and scuppers are not
permitted.
8. Ground-mounted utility boxes and equipment must be screened with landscaping
subject to the review and approval of the Community Development Director.
9. All gas, electric, water and any other utility meters or boxes must be screened to
the degree allowable by the utility companies, and subject to the review and
approval of the Community Development Director.
10. All signage must conform to the City's sign requirements and an approved sign
program. A monument sign may be constructed consistent with the sign
requirements and a sign program as approved by the Community Development
Director.
11. Prior to the occupancy of the building, the applicant shall form an Assessment
District [herein "Back-Up District"] to fund future City costs, should they occur, for
the maintenance of the rear slope facing Spring Road, parkway landscaping on
all public street frontages, median landscaping or drainage improvements
previously maintained by a Private Responsible Party and then assumed by the
City. If a Back-Up District is formed, it shall be the intent of the City to approve
the required assessment each year, but to only levy that portion of the
assessment necessary to recover any past City costs or any anticipated City
costs for the following fiscal year. In the event the City is never required to
assume the maintenance of any such improvements maintained by a Private
Responsible Party, the amount of the annual assessment actually levied upon
the affected properties would be minor amount, possibly zero. The City shall
administer the annual renewal of the Back-Up District and any costs related to
such administration shall be charged to the Fund established for such district
revenues and expenses. The aforementioned backup district may include the
landscape setbacks including an irrevocable access easement given to the City.
12. During construction, perimeter lighting must be installed at a minimum of 150 foot
intervals and at height not less than fifteen (15) feet from the ground. The light
source used must have a minimum light output of 2,000 lumens, be protected by
a vandal resistant cover, and be lighted during the hours of darkness.
Construction lighting is subject to review and approval of the Community
Development Director and Chief of Police.
13. Prior to the commencement of construction, including grading, fencing not less
than six (6) feet in height, which is designed to preclude human intrusion, must
be installed along the perimeter boundaries of the construction site and shall be
secured with chain and Fire District padlocks for emergency vehicle access.
Alternatively, a uniformed security guard, licensed pursuant to Chapter 11 of the
Business and Professions Code of the State, shall be utilized to continually patrol
the construction site during the hours when construction work has ceased.
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Resolution No. PC-2013-
Page 6
14. On-site water detention area(s) may not be so deep, or the sides so steep, as to
require fencing, as determined by the Community Development Director and City
Engineer/Public Works Director, prior to issuance of a grading permit.
15. No specific hours of operation are established for the uses in this project;
however, the Community Development Director shall have the authority to
establish hours of operation through a Permit Adjustment when in his/her opinion
limits on hours of operations are necessary to maintain compatibility with the
adjacent uses. Any exterior maintenance, cleaning, sweeping and landscape
work may only be performed between 7:00 a.m. and 7:00 p.m. Monday through
Saturday.
16. Loading and unloading operations are allowed only between the hours of 7:00
a.m. and 7:00 p.m., Monday through Fridays. More restrictive hours for loading
and unloading may be imposed by the Community Development Director if there
are noise and other issues that make the loading and unloading incompatible
with the adjacent uses. Idling of trucks while loading or unloading is prohibited.
17. Final architectural and site plan design and detailing, including stained glass,
parking lot, landscaping and lighting design is subject to review and approval of
the Community Development Director. The roof material must be of a clay tile
material if an "s" tile or barrel tile is used and concrete or clay tile if a flat tile is
used, with the specific tile design and color subject to the review and approval of
the Community Development Director to be consistent with the Amended
Carlsberg Specific Plan design guidelines.
18. Any lighting shall be designed to avoid glare impacts to the properties west of
Spring Road and must be in compliance with Chapter 17.30 LIGHTING
REGULATIONS of the Moorpark Municipal Code. Lighting hours may be
imposed in the future by the Community Development Director.
19. Non-reflective glass must be used on all exterior walls of the building, with
specific glass locations to the satisfaction of the Community Development
Director.
20. The applicant shall prohibit truck or recreational vehicle parking or storage
overnight in the parking lot area. Limited truck parking, when in association with
a permitted use, is allowed, but in no case shall there be overnight parking.
21. Prior to the issuance of a building permit for a building, the applicant shall submit
a fencing/wall plan for review and approval of the Community Development
Director for the walls/fencing of the east, north and west perimeters of the
property.
22. The applicant shall submit all of the proposed colors, materials and building finish
textures for review and approval to the satisfaction of the Community
Development Director prior to the issuance of building permits. Any green tones
shall be subdued, subject to the satisfaction of the Community Development
Director.
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Resolution No. PC-2013-
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23. Prior to the issuance of a grading permit, the applicant shall submit a final
hardscape plan to include the treatment of the decorative hardscape areas with
integral color and texture at all predominate pedestrian areas, and prominent
drive aisles.
24. Prior to installation of hardscape and building materials, a field check and
approval by the Community Development Director is required.
25. Air conditioning handling units may be no higher than the lowest parapet on the
roof and must be painted the same color as the roofing material. There may not
be. any piping, visible roof ladders, equipment, vents, exterior drains and
scuppers or any other exposed equipment on the roof.
26. Development Fee: Prior to issuance of Zoning Clearance for each building
permit, the applicant shall pay the City a Development Fee consistent with the
Settlement Agreement requirement for the Amended Carlsberg Specific Plan.
27. Mitigation Fee: Prior to issuance of Zoning Clearance for each building permit,
the applicant shall pay the City a "Mitigation Fee" consistent with the Settlement
Agreement requirement for the Amended Carlsberg Specific Plan. Institutional
uses shall pay on the same basis as commercial and industrial uses, except that
institutional uses which are exempt from secured property taxes shall be exempt
from the fee.
28. Prior to the issuance of the Zoning Clearance for the first building permit, the
applicant shall pay to the Community Development Department the Spring
Road/Tierra Rejada Road Area of Contribution (AOC) fee. The fee shall be paid
in accordance with City Council adopted AOC fee requirements in effect at the
time of building permit application.
29. The applicant shall participate in intersection improvements for Los Angeles
Avenue/Spring Road. The level of participation shall be to the requirements of
the City Council Resolution No. 94-1061. Prior to Zoning Clearance approval, a
traffic report shall be provided by the applicant to determine the extent of the
impact to this intersection.
30. Prior to Zoning Clearance, the applicant shall make a special contribution to the
City representing the project's pro-rata share of the cost of improvements at Los
Angeles Avenue/Moorpark Avenue. The actual contribution (pro-rata share shall
be based upon the additional traffic added to the intersection). The applicant's
traffic engineer shall provide the City Engineer/Public Works Director a "Fair
Share Analysis" of the projects added traffic for calculation of the pro-rata ("fair
share") amount, with the final amount to be determined by the City
Engineer/Public Works Director.
31. In conjunction with the preparation of precise grading and landscape plans, the
sight distance shall be reviewed and approved at project access points per City
standards.
32. The applicant shall install stop signs, stop bars, and stop legends at project
access points.
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Resolution No. PC-2013-
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33. The applicant shall provide decorative anti-skateboard devices at several points
along seat walls and low benches, subject to the review and approval of the
Community Development Director.
34. Prior to the issuance of a certificate of occupancy of the building, the applicant
shall provide documentation and a plan (including any necessary easements) for
the maintenance of the 2.02 acre Spring Road open space lot (Parcel OS-1,
Tract 4974) adjacent to this property. Any existing prohibited plants within this
area must be removed as part of the landscape and irrigation plan.
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ITEM:EM: 8.D■
MOORPARK,CALIFORNIA
Planning Commission
of 2 ?moo. 20 i 3
ACTION:atag y r .c1- MME .)
l QPED ZZFC h W- o 82
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission /'
FROM David A. Bobardt, Community Developme ` °rector )
Prepared by Joseph Fiss, Principal Planner \�
DATE: February 11, 2013 (PC Meeting of 2/26/13)
SUBJECT: Consider Resolution Recommending to the City Council Approval of
Zoning Ordinance Amendment No. 2013-01: an Amendment to
Section 17.28.020(B) (Home Occupations and Garage Sales) of Title
17 (Zoning) of the Moorpark Municipal Code
BACKGROUND/DISCUSSION
On December 19, 2012, the City Council directed the Planning Commission to study,
hold a public hearing, and provide a recommendation to the City Council on an
amendment to Section 17.28.020(B) (Home Occupations and Garage Sales) of Title 17
(Zoning) of the Moorpark Municipal Code, specifically related to the current five-year
term for a Home Occupation Permit.
Subsection 17.28.020(B) of the Zoning Ordinance sets standards for home occupations
and garage sales. A five-year term is established in this subsection for Home
Occupation Permits, with renewal required if the home occupation is to continue. The
cost of a Home Occupation Permit is $100.00. In recent years, staff has not had to
revoke any of the over 700 active Home Occupation Permit or deny any of the
renewals. Since Home Occupation Permits are subject to revocation at any time if the
terms of the permit are violated, staff recommends that the zoning provisions on Home
Occupation Permits be revised so that the Home Occupation Permits do not expire for
the original permittee unless revoked for cause. Staff, however, does not recommend
that home occupations be allowed to continue as a legal nonconforming use if any
change in the municipal code makes their use nonconforming.
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Honorable Planning Commission
February 26, 2012
Page 2
Subsection 17.28.020(B)(1)(d) currently reads:
d. Duration of Permit. Unless otherwise specified, the home occupation permit shall
be valid for five (5) years from the date of issuance. The permit may be renewed after
five (5) years by filing an application for renewal prior to its expiration and by paying the
required fee."
Staff recommends this section be eliminated and Subsection 17.28.020(B)(1)(e) be
amended to address home-based business that may become nonconforming due to
future changes to the municipal code as follows, showing underline/strikeout text.
Currently such businesses would not have their Home Occupation Permit renewed at
the end of the five-year term. Since a home-based business is ancillary to the primary
residential use, the Home Occupation Permit should not be treated as a vesting right.
e:d. Revocation of Permit. A home occupation permit may be revoked if the
community development director makes any of the following findings and notifies the
applicant in writing:
i. A condition of the home occupation permit has been violated;
ii. The use has become detrimental to the public health, welfare and safety; is
resulting in a significant traffic impact or constitutes a nuisance;
The home occupation permit was obtained by misrepresentation or fraud;
iv. The use for which the home occupation permit was granted has ceased for six
(6) months or more.
v. The use has become nonconforming due to a change in the municipal code.
Staff is not aware of any existing home occupation permits that are nonconforming,
since current standards for home occupation permits have been in place for
approximately 10 years, and any existing home-based businesses at the time have had
to apply for a permit renewal at least once.
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
February 26, 2012
Page 3
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-2013- recommending to the City Council approval
of Zoning Ordinance Amendment No. 2013-01.
ATTACHMENT:
1. Draft Resolution
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59
RESOLUTION NO. PC-2013-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY
COUNCIL APPROVAL OF ZONING ORDINANCE AMENDMENT
NO. 2013-01: AN AMENDMENT TO SECTION 17.28.020(B)
(HOME OCCUPATIONS AND GARAGE SALES) OF TITLE 17
(ZONING) OF THE MOORPARK MUNICIPAL CODE
WHEREAS, at its meeting of February 26, 2013, the Planning
Commission conducted a duly-noticed public hearing on Zoning Ordinance
Amendment No. 2013-01: an Amendment to Section 17.28.020(B) (Home
Occupations and Garage Sales) of Title 17 (Zoning) of the Moorpark Municipal
Code, 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 February 26, 2013, 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.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DOCUMENTATION: The Planning
Commission concurs with the Community Development Director's determination
that 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.
SECTION 2. GENERAL PLAN AND SPECIFIC PLAN CONSISTENCY:
The Planning Commission finds Zoning Ordinance Amendment No. 2013-01 to
be consistent with the City of Moorpark General Plan and all adopted Specific
Plans.
SECTION 3. RECOMMENDATION: The Planning Commission
recommends to the City Council approval of Zoning Ordinance Amendment No.
2013-01: an Amendment to Section 17.28.020(B) (Home Occupations and
Garage Sales) of Title 17 (Zoning) of the Moorpark Municipal Code, as
recommended by staff and shown in Exhibit A, attached.
PC ATTACHMENT 1
60
Resolution No. PC-2013-
Page 2
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 26th DAY OF FEBRUARY, 2013.
Diana S. Gould, Chair
David A. Bobardt, Community Development Director
Exhibit A: Draft Amendment
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Resolution No. PC-2013-
Page 3
EXHIBIT A
Draft Amendment to Section 17.28.020(B) (HOME OCCUPATIONS AND
GARAGE SALES) of Title 17 (Zoning) of the Moorpark Municipal Code
Section 17.28.020(8) is amended as follows:
B. Home Occupations and Garage Sales.
1. Home Occupation Requirements. A home occupation is the interior
and incidental use of a dwelling, in all residential zones and in the residential
portion of specific plans, for business purposes with a valid home occupation
permit meeting all of the requirements of this section.
a. Application. An application for a home occupation permit shall be
filed with the community development director on forms prescribed by the
community development director along with the fee established by city council
resolution.
b. Approval Criteria. The community development director shall
approve an application for a home occupation permit that meets the following
criteria:
i. The applicant shall be the home owner, or in the case of a rental
housing unit, the applicant shall provide a signed owner's statement that the
proposed home occupation is allowed under the rental agreement.
ii. Accessory structures shall not be used for home occupation
purposes.
iii. Persons other than residents of the property shall not be engaged
on the property in the home occupation.
iv. The home occupation shall not generate pedestrian or vehicular
traffic beyond that normal to the zoning district in which it is located.
v. Customer services or sales of goods, wares or merchandise on-site
shall not be permitted, except by mail or electronic communication. Instruction,
tutoring or teaching of a maximum of three (3) students per session and/or six (6)
students per day, whichever is more restrictive shall be allowed. The community
development director may make allowances for single events having more than
the maximum of six (6) students per day and/or three (3) students per session.
vi. Commercial vehicles, having a specific manufacturer's gross weight
rating of ten thousand (10,000) pounds or more in connection with the home
occupation, shall not be permitted as limited by Section 10.04.300 of this code.
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Resolution No. PC-2013-
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vii. A maximum of one (1) commercial vehicle, having a specific
manufacturer's gross weight rating of less than ten thousand (10,000) pounds, in
connection with the home occupation shall be permitted so long as it is legally
parked either on the street or on the site.
viii. The use of signs, merchandise, products or other material or
equipment displayed for advertising purposes shall not be permitted.
ix. Outdoor storage of materials and/or supplies or other outdoor
activity related to the home occupation shall not be permitted.
x. Uses, by reason of color, design, materials, construction, smoke,
dust, fumes, odors, glare, lighting, noise or vibrations, that alter the residential
character of the dwelling, or unreasonably disturb the peace and quiet of the
surrounding area shall not be permitted.
xi. The home occupation shall be limited to no more than ten percent
(10%) of the gross floor area of the residence, or in no case less than one
hundred fifty (150) square feet, whichever is greater. Related materials and
supplies shall be stored only in the designated area approved by the community
development director. No structural alterations shall be permitted within the
dwelling unit to separate any area used for a home occupation from the dwelling
space. No area used for a home occupation shall be subleased or rented to
another party.
xii. A valid city business registration permit or license shall be required.
xiii. There shall be no storage of flammable, toxic, hazardous,
combustible materials indoors or outdoors, including, but not limited to, gasoline,
solvent or gun powder for purposes beyond those normally used for normal
household purposes.
xiv. The garage, carport or accessory structures shall not be used for
home occupation purposes. There shall be no storage in the garage, carport or
dwelling of any materials or supplies not recognized as being part of normal
household or hobby use.
xv. The home occupation shall not create excessive demand for
municipal or utility services or community facilities beyond those customarily
provided for residential uses.
xvi. There shall be no on premise use of material or mechanical
equipment not recognized as being part of normal household or hobby use.
xvii. On-site sales of goods, wares or merchandise or on-site
commercial activities in residential zones, except as allowed by subsection
(B)(1)(b)(v) of this section is prohibited.
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Resolution No. PC-2013-
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c. Conditions. In granting a home occupation permit, the director may
impose conditions to safeguard and protect the public health and safety and
promote the general welfare. The applicant shall agree in writing to comply with
all conditions prior to the issuance of a home occupation permit.
d. Duration of Permit. Unless otherwise specified, the homc
prior to its expiration and by paying the required fee.
e. Revocation of Permit. A home occupation permit may be revoked
pursuant to the revocation provisions of chapter 17.44 of this title if the
community development director makes any of the following findings in addition
to any of the findings for revocation in chapter 17.44 of this title and notifies the
applicant in writing:
A condition of the home occupation permit has been violated;
ii. The use has become detrimental to the public health, welfare and
safety; is resulting in a significant traffic impact or constitutes a nuisance;
iii. The home occupation permit was obtained by misrepresentation or
fraud;
iv. The use for which the home occupation permit was granted has
ceased for six (6) months or more.
v. The use for which the home occupation permit was granted has
become nonconforming due to a change in the municipal code.
In the event of a conflict between the findings and provisions of this section with
respect to the revocation of a home occupation permit and those of chapter
17.44, the findings and provisions of this section shall control.
2. Garage Sales Requirements. Garage sales shall be permitted in all
residential zones, provided the sale conforms to the criteria and conditions
identified in this chapter. No application shall be required. The city shall,
however, monitor garage sales to ensure compliance with the following criteria
and limitations.
a. No more than three (3) garage sales shall be conducted on the
premises in any calendar year; provided, however, a fourth sale shall be
permitted if satisfactory proof of a bona fide change in ownership of real property
is first presented to the community development director. A minimum of five (5)
days must pass between individual sale events: No single sale event shall be
conducted for longer than three (3) consecutive days. Garage sales shall not be
held for more than two (2) consecutive weekends. Garage sales shall be
conducted between the hours of seven (7:00) a.m. and seven (7:00) p.m.
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Resolution No. PC-2013-
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b. Property offered for sale at a garage sale may be displayed on a
driveway, in a house and/or in a rear yard, but only in such areas. No property
offered for sale at a garage sale may be displayed in any front yard or in any
public right-of-way.
c. A maximum of six (6) off-site directional signs, not to exceed two
(2) feet by two (2) feet, shall be permitted. Written permission to erect signs on
private property shall be obtained from the property owners of the site where
such signs are to be placed. This written authorization shall be provided to the
city upon request. Signs may be displayed only during the hours the garage sale
is actively being conducted and shall be removed at the close of the sale
activities each day. No signs shall be placed on utility poles or in the public right-
of-way.
d. A nonprofit organization or association of persons may conduct a
garage sale at the residence of one or more of its members pursuant to all of the
requirements of this section. One (1) such sale may be held per year without
such sale being deemed one chargeable to the premises in question for the
purpose of applying the three (3) sales per year limitation set forth in subsection
(B)(2)(a) of this section.
e. No garage sale shall be held so as to include more than three (3)
residences or parcels at the site of the sale without first obtaining written
approval from the community development director. In granting an approval for a
garage sale encompassing more than one residence or parcel, the director may
impose reasonable conditions consistent with the policies of this section. Group
garage sales, when coordinated by residents or sponsored by a local
homeowners association, may be permitted up to two times per calendar year
and shall comply with all other requirements for garage sales.
f. The conduct of general retail sales or commercial activities in
residential zones, except as is otherwise expressly authorized under the Chapter
17.04 of this code, shall be prohibited.
- End -
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65
MOORPARK,CALIFORNIA
Planning Commission
of 2.z14..2or3 ITEM 10.A.
ACTION: APPRov
MINUTES OF THE PLANNING COMMISSION
BY: T. OEHttR..
Moorpark, California January 22, 2013
A Regular Meeting of the Planning Commission of the City of Moorpark was held on
January 22, 2013, in the Council Chambers of said City located at 799 Moorpark
Avenue, Moorpark, California.
1. CALL TO ORDER:
David Bobardt, Community Development Director, called the meeting to order at
7:15 p.m.
2. PLEDGE OF ALLEGIANCE:
Joyce Figueroa, Administrative Assistant, led the Pledge of Allegiance.
3. OATH OF OFFICE:
A. City Clerk Administers Oath of Office to the Planning Commission (Staff:
Maureen Benson)
City Clerk, Maureen Benson, administered the oath of office to Planning
Commissioners Mark Di Cecco, Diana Gould, Daniel Groff, Bruce Hamous, and
Kipp Landis.
Staff attending the meeting included David Bobardt, Community Development
Director; Joseph Fiss, Principal Planner; and Joyce Figueroa, Administrative
Assistant.
4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS:
A. Consider Selection of Chair and Vice Chair
Mark Di Cecco
Diana 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)
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Minutes of the Planning Commission
Moorpark, California Paget January 22, 2013
MOTION: Commissioner Di Cecco moved and Commissioner Groff seconded a motion
to nominate Commissioner Gould as Chair. The motion carried by unanimous voice
vote.
MOTION: Commissioner Groff moved and Commissioner Hamous seconded a motion
to nominate Commissioner Groff as Vice Chair. The motion carried by unanimous voice
vote.
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
iii. ZOA Farm Worker Housing Ordinance
iv. AB Properties New TTM
v. ZOA Sign Ordinance Revision
vi. Rescinding Toll Mazur DA, GPA, ZC
vii. CUP 2012-08 Taqueria Jalisco
viii. CPD 2012-02/CUP 2012-07 Kim Clement Center
ix. TTM 5906 AB Properties
x. ZOA Home Occupation Permits
B. Planning Commissioners Academy: February 27 — March 1, Pasadena,
CA
67
Minutes of the Planning Commission
Moorpark, California Page 3 January 22, 2013
Mr. Bobardt announced the mandatory Ethics Training for Planning Commission
will be on February 13, 2013, and briefly discussed announcements and future
agenda items.
8. PUBLIC HEARINGS: (next Resolution No. PC-2011-578)
A. Consider Resolution Approving Conditional Use Permit 2012-05 and
Administrative Permit No. 2012-15, A Request to Allow New Automotive
Service Uses, Light Manufacturing, Warehousing, and Welding at an
Existing Industrial Park, Located at 555 Spring Road on the Application of
Larry Graves for Matilija Investment Property LLC. (continued from
regular meeting of November 27, 2012) Staff Recommendation: 1)
Open the public hearing, accept public testimony and close the public
hearing; 2) Adopt Resolution No. PC-2013-578 approving Conditional Use
Permit No. 2012-05 and Administrative Permit No 2012-15. (Staff:
Joseph Fiss)
Mr. Fiss gave the staff report.
Mr. Bobardt announced that we would like to add one date to the first
recital in the resolution to say 'whereas at a duly noticed Public Hearing on
November 27, 2012, and January 22, 2013.'
A discussion followed among Commissioners and staff regarding: 1) the
existing legal and conforming uses at the site; 2) noise; 3) hours of
operation; 4) right in/right out entry and egress to the site; 5) parking
requirements; and; and 6) wall between the houses and the site.
Larry Graves, Architect, Alliance Design Group, applicant discussed the
project and stated he was available to answer questions.
A discussion following among Commissioners and Mr. Graves regarding:
1) the addition of ten more parking stalls for tenants; and 2) landscaping
between the buffer and the tenant's fences.
In response to Chair Gould, Mr. Bobardt stated there were no additional
speaker cards or written cards.
Chair Gould closed the public hearing.
A discussion followed among Commissioners regarding concerns about
fire department access. The Commissioners agreed that because this is
an existing condition and technically there is Fire Department access from
adjacent properties, approving the permit is more palatable.
68
Minutes of the Planning Commission
Moorpark, California Page4 January 22, 2013
MOTION: Commissioner Di Cecco moved and Commissioner Hamous seconded
a motion to approve staff recommendation, including adoption of Resolution No.
PC 2012-578. The motion carried by unanimous voice vote.
The Planning Commission has final approval authority for this project.
9. DISCUSSION ITEMS:
A. Consider Regular Meeting Schedule, Time and Place. Staff
Recommendation: 1) Approve the 2013 regular meeting schedule of the
fourth (4t") 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)
CONSENSUS: It was the consensus of the Commission to approve staff
recommendation.
10. CONSENT CALENDAR:
MOTION: Commissioner Landis moved and Vice Chair 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 November 27, 2012.
Staff Recommendation: Approve the minutes.
11. ADJOURNMENT:
MOTION: Commissioner Landis moved and Commissioner Di Cecco seconded a
motion to adjourn. The motion carried by unanimous voice vote. The time was
7:14 p.m.
Diana S. Gould, Chair
David A. Bobardt, Community Development Director
69