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HomeMy WebLinkAboutAG RPTS 2015 1124 PC REG P PpK C‘4,.,4, (*0 111111.11, Resolution No. 2015-605 PLANNING COMMISSION REGULAR MEETING AGENDA NOVEMBER 24, 2015 7:00 P.M. Moorpark Community Center 799 Moorpark Avenue 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: 5. PUBLIC COMMENT: 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON MEETINGS/CONFERENCES ATTENDED BY THE COMMISSION: NONE 8. PUBLIC HEARINGS: (next Resolution No. PC-2015-605) A. Consider Resolution Approving Conditional Use Permit No. 2015-01 to Allow Retail Beer and Wine Sales for On-Site and Off-Site Consumption Including Tasting within an Existing Approximately 2,146 Square-Foot Tenant Space at 144 Los Angeles Avenue, #105; and Making a Determination of Exemption Under CEQA in Connection Therewith on the Application of Frances Fleming and Marc Bosch (McGregor's Craft Beer). Staff Recommendation: 1) Open the public All writings and documents provided to the majority of the Commission regarding all agenda items are available for public inspection at the City Hall public counter located at 799 Moorpark Avenue during regular business hours. The agenda packet for all regular Commission meetings is also available on the City's website at www.moorparkca.gov. Any member of the public may address the Commission during the Public Comments portion of the Agenda, unless it is a Public Hearing or a Discussion item. Speakers who wish to address the Commission concerning a Public Hearing or Discussion item must do so during the Public Hearing or Discussion portion of the Agenda for that item. Speaker cards must be received by the Secretary for Public Comment prior to the beginning of the Public Comments portion of the meeting; for a Discussion item, prior to the Chair's call for speaker cards for each Discussion agenda item; and for a Public Hearing item, prior to the opening of each Public Hearing, or beginning of public testimony for a continued hearing. A limitation of three minutes shall be imposed upon each Public Comment and Discussion item speaker. A limitation of three to five minutes shall be imposed upon each Public Hearing item speaker. Written Statement Cards may be submitted in lieu of speaking orally for open Public Hearings and Discussion items. Any questions concerning any agenda item may be directed to the Community Development/Planning office at 517-6233. Special Planning Commission Meeting Agenda November 24, 2015 Page 2 hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC-2015- approving Conditional Use Permit No. 2015-01 with conditions of approval and making a determination of exemption under CEQA in connection therewith. (Staff: Freddy Carrillo) B. Consider Resolution Recommending Approval of Zoning Ordinance Amendment No. 2015-01, an Amendment to Sections 17.20.050 (Permitted Uses in Open Space, Agricultural, Residential, and Special Purpose Zones) and 17.20.060 (Permitted Uses in Commercial and Industrial Zones) of Chapter 17.20 (Uses by Zone) of Title 17, (Zoning) of the Moorpark Municipal Code to Prohibit Cultivation and Mobile Delivery of Marijuana and Medical Marijuana in All Zones and Determination That This Action Is Exempt from the California Environmental Quality Act. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC-2015-_ (Staff: David Bobardt) 9. DISCUSSION ITEMS: A. Consider Finding of General Plan Consistency for the Purchase of Property at 61 High Street by the City of Moorpark for Public Purposes. Staff Recommendation: 1) Find the acquisition of the property at 61 High Street in conformity with the General Plan and direct staff to report this finding to the City Council. (Staff: David Bobardt) 10. CONSENT CALENDAR: A. Consider Approval of the Special Meeting Minutes of August 11, 2015. 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 II of the City of Moorpark and that an agenda of the Regular Meeting of the Moorpark Planning Commission to be held on Tuesday, November 24, 2015, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on November 19, 2015, at a conspicuous place at the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California. I declare under penalty of perjury that the foregoing is true and correct. Executed on November 19, 2015. qJo c� R. Figueroa, Administrative Assistant II MOORPAF t L CIF 8OttR�f Planning Commission of I I, 2 Li- zl',l 5 ACTION:A ppp vi Vc"r .qtr-cf Ae.fivymp ncintio 1l� Pr tu?c( WC . Pc- Nr/5 BY: Q.. 4-44 L(1 MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: David A. Bobardt, Community Development Director y Prepared by Freddy A. Carrillo, Associate Planner I DATE: November 4, 2015 (PC Meeting of 11/24/2015) SUBJECT: Consider Resolution Approving Conditional Use Permit No. 2015-01 to Allow Retail Beer and Wine Sales for On-Site and Off-Site Consumption Including Tasting within an Existing Approximately 2,146 Square-Foot Tenant Space at 144 Los Angeles Avenue, #105; and Making a Determination of Exemption Under CEQA in Connection Therewith on the Application of Frances Fleming and Marc Bosch (McGregor's Craft Beer) BACKGROUND On October 22, 2015, Frances Fleming and Marc Bosch, for McGregor's Craft Beer, submitted an application for a Conditional Use Permit (CUP) to allow retail beer and wine sales for on-site or off-site consumption, including tasting, within an existing approximately 2,146 square-foot tenant space at 144 Los Angeles Avenue, #105, two vacant spaces that will be converted into one within the Tuscany Square Shopping Center. Under their proposal, customers would be able to purchase bottled, canned, and tap beer and wine for on-site consumption, including tasting, and bottled and canned beer and bottled wine for off-site consumption. Neither beer nor wine would be manufactured or bottled on-site. Limited food items would be available to accompany beer and wine for on-site or off-site consumption. Beer and wine centric gifts, such as glasses, t-shirts, hats, and beer-making kits are also proposed for sale. Live acoustic music is requested to be permitted inside the building, and the applicant is proposing to host meetings and classes, such as meetings of local craft or home brewing clubs, or education classes by breweries. The applicant has also applied with the California Department of Alcohol Beverage Control for a Type 42 License — (On Sale Beer and Wine — Public Premises), which would allow the sale of beer and wine for consumption on or off the premises where sold. Minors are not allowed and food service is not required. 1 Honorable Planning Commission November 24, 2015 Page 2 The applicants were approved on July 22, 2014, for the same use located at 754 Los Angeles Avenue #G-1 (within The Village at Moorpark shopping center); however, they were unable to proceed in this location. DISCUSSION Project Setting Existing Site Conditions: The Tuscany Square shopping center includes a mix of services, restaurants, 24-hour fitness center, salon and day spa, and drug store. The shopping center shares the parking lot with the Moorpark Grove shopping center, which also has retail shops, services, and restaurants. Access to both centers is from Park Lane, Los Angeles Avenue, and Moorpark Avenue. Previous Applications: • On August 31, 2005, the City Council adopted Resolution No. 2005-2371 approving Commercial Planned Development Permit No. 2005-02 for the construction of an approximately 74,402 square-foot shopping center on 6.96 acres located on the southwest corner of Los Angeles Avenue and Moorpark Avenue. • On September 25, 2007, the Planning Commission adopted Resolution No. 2007-523, to allow alcoholic beverage (including liquor) sales for off-site consumption at a proposed market and to allow beer and wine sales for on-site consumption at two proposed restaurants, all within the shopping center. Fresh and Easy has closed down and permit is still active by PizzaMan Dan's restaurant. • On September 3, 2013, Administrative Permit No. 2013-09, was approved by the Community Development Director to allow off-site sales of beer and wine at an existing Walgreens store, at 140 Los Angeles Avenue. The permit is still active. • On February 18, 2015, Modification No. 1 to Commercial Planned Development (CPD) No. 2005-02, was approved by the Planning Commission to modify Condition of Approval No. 27 to allow 24-hour operation at the retail commercial shopping center. • On March 4, 2015, Administrative Permit No. 2015-03, was approved by the Community Development Director to allow a 5,822 square-foot 24-hour fitness center, at 144 Los Angeles Avenue. S\Community Development\DEV PMTS\C U P\2015\CUP 2015-01 McGregors\Agenda Reports\MOORPARK PLANNING COMMISSION.docx 2 Honorable Planning Commission November 24, 2015 Page 3 General Plan and Zoning Consistency: GENERAL PLAN/ZONING Direction General Plan Zoning Land Use Site General Commercial Planned Development Shopping Center Commercial (CPD) pp g North General Commercial Planned Development Pp g Sho In Center —................__..........................._...................Commercial..................._. (CPD) Very High Residential Planned Development South Density (RPD-16.2U) Multi-Family Homes Residential Very High Residential Planned Development East Density (RPD-15U) Multi-Family Homes Residential West General Commercial Planned Development Shopping Center Commercial (CPD) pp g The General Commercial land use designation in the General Plan is intended to provide for a wide range of retail and service activities. The Zoning Ordinance requires Planning Commission approval of a Conditional Use Permit for this use. This allows for consideration of the compatibility of the proposed use with surrounding uses in making findings on the application, and adoption of conditions of approval as deemed necessary. ANALYSIS Issues Staff analysis of the proposed project has identified the following area for Planning Commission consideration in their decision: • Control of Alcoholic Beverage Service • Concentration of Uses Control of Alcoholic Beverage Service Staff analysis of the proposed project has identified control of the service of alcoholic beverages as the primary issue for Planning Commission consideration in their review of the CUP application. Conditions are recommended by staff to address security concerns associated with the service of alcoholic beverages. These conditions are consistent with those recently applied to similar uses. As a public premises, entry will be restricted to those 21 and over. This addresses many of the security concerns with the service of alcoholic beverages. Conditions are also recommended to address potential noise from entertainment. The applicant has proposed hours of operation from 12:00 P.M. (noon) to 10:00 P.M. on Monday to Saturday, and Sunday from 12:00 P.M. (noon) to 7:00 P.M. The center previously had limited hours from 6:00.a.m. to 10:00 p.m. Monday to Sunday; however, as mentioned above, Modification No. 1 to Commercial Planned Development No. 2005-02, was approved to allow a 24-hour operation of the retail center. \\DC1\Department Share\Community Development\DEV PMTS\C U P\2015\CUP 2015-01 McGregors\Agenda Reports\MOORPARK PLANNING COMMISSION.docx 3 Honorable Planning Commission November 24, 2015 Page 4 Simultaneously, this allowed a 5,822 square-foot 24-hour fitness center to operate. Staff is recommending a condition as follows: "Sales, service, or consumption of beer or wine is permitted only between the hours of 10:00 A.M. and 12:00 A.M. each day of the week." The applicant is proposing to have light snacks available to accompany the service of alcohol. The Police Department encourages that this be available when serving alcohol. A condition is recommended to require food items for sale for on-site consumption. Concentration of Uses As mentioned above, Resolution No. PC-2007-523 allows off-site sales at a market and on-site consumption sales of beer and wine at two restaurants. The center currently has 1 tenant that is permitted to serve alcoholic beverages. PizzaMan Dan's restaurant operates under a Type 41 (On Sale Beer & Wine — (Eating Place)) license. Minors are allowed in the premises. The proposed use requires a Type 42 (On Sale Beer & Wine — (Public Premises) license, which does not allow minors on premises, nor does it require food service. The State Alcohol Beverage Control (ABC) will not issue a license unless the applicant has obtained the necessary permit from the City. In its analysis, the ABC measures the number of businesses selling alcoholic beverages by census tract, and compares this number to other census tracts in the area and derives a target number of establishments based on population. If a census tract would exceed the target number of establishments, then findings of public convenience and necessity need to be made for an ABC permit to be issued. ABC relies on localities to determine whether or not findings of public convenience and necessity can be made when there is an overconcentration of establishments in a census tract. Census Tract 76.12, which contains the project site, is generally bound by Los Angeles Avenue on the north, Arroyo Simi on the south which curves to the northeast, and partially City and Ventura County limits on the west. ABC allows a total of five licenses for on-site consumption in this tract without meeting the definition of overconcentration. 11 exist at this time. Although the technical definition of overconcentration is met, this census tract has a high percentage of Moorpark's commercial zoning, within Moorpark Plaza shopping center, Gateway Plaza, Tuscany Square, and Moorpark Grove shopping center. Because of the high percentage of commercial land in this census tract, it is expected to have more restaurants with alcoholic beverage service than census tracts that do not include as much commercial land. In addition, approximately half of the census tract is open space, which further lowers the population upon which the number of permits is based. A finding of public convenience and necessity is proposed for this use in the attached draft resolution. 1\DC1\Department Share\Community Development\DEV PMTS\C U P\2015\CUP 2015-01 McGregors\Agenda Reports\MOORPARK PLANNING COMMISSION.docx 4 Honorable Planning Commission November 24, 2015 Page 5 Findings 1. The proposed beer and wine tasting room is consistent with the provisions of the City's General Plan, Zoning Ordinance, and other applicable regulations as conditioned in that the land is planned and zoned for general commercial uses of the intensity proposed and sufficient parking is available. 2. The proposed use is compatible with both existing and permitted land uses in the surrounding area, in that the sale of beer and wine for on-site and off-site consumption, including tasting, complements the surrounding uses and is a use that is not unanticipated within a commercial center. 3. The proposed use is compatible with the scale, visual character, and design of surrounding properties, in that the use does not require modification to the exterior of the approved building. 4. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or uses in that conditions are required to ensure proper control of the service of alcoholic beverages for on-site and off-site consumption. 5. The proposed use would not be detrimental to the public interest, health, safety, convenience, or welfare, in that conditions are required to ensure proper control of the service of alcoholic beverages for on-site and off-site consumption. ADDITIONAL FINDINGS FOR ESTABLISHMENTS SERVING ALCOHOLIC BEVERAGES: 1. Although Census Tract 76.12 exceeds the ABC target number of establishments selling alcoholic beverages for on-site consumption, it is a census tract dominated by shopping centers, where such uses are expected. The proposal is unique to the community in that it is primarily a beer and wine retail store and tasting room. There are no similar uses within the existing shopping center. 2. The proposed use will serve a public convenience in that the sale of a variety of craft beers and wine from this location for on-site and off-site consumption, including tasting, provides a service that currently does not exist in Moorpark. 3. The use will not create the need for increased police services, in that conditions are required to ensure proper control of the sales and service of alcoholic beverages for on-site and off-site consumption. 4. The requested use at the proposed location will not adversely affect the economic welfare of the community. \\DC1\Department Share\Community Development\DEV PMTS\C U P\2015\CUP 2015-01 McGregors\Agenda Reports\MOORPARK PLANNING COMMISSION.docx 5 Honorable Planning Commission November 24, 2015 Page 6 5. The exterior appearance of the structure will not be inconsistent with the external appearance of commercial structures already constructed or under construction on surrounding properties, or within the immediate neighborhood so as to cause blight, deterioration or substantially diminish property values within the neighborhood. PROCESSING TIME LIMITS Time limits have been established for the processing of development projects under the Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the Subdivision Map Act (Government Code Title 7, Division 2), and the California Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13, and California Code of Regulations, Title 14, Chapter 3). Under the applicable provisions of these regulations, the following timelines have been established for action on this project: Date Application Determined Complete: November 6, 2015 Planning Commission Action Deadline: February 4, 2016 Upon agreement by the City and Applicant, one 90-day extension can be granted to the date action must be taken on the application. ENVIRONMENTAL DETERMINATION In accordance with the City's environmental review procedures adopted by resolution, the Community Development Director determines the level of review necessary for a project to comply with the California Environmental Quality Act (CEQA). Some projects may be exempt from review based upon a specific category listed in CEQA. Other projects may be exempt under a general rule that environmental review is not necessary where it can be determined that there would be no possibility of significant effect upon the environment. A project which does not qualify for an exemption requires the preparation of an Initial Study to assess the level of potential environmental impacts. Based upon the results of an Initial Study, the Director may determine that a project will not have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient environmental documentation. If the Director determines that a project has the potential for significant adverse impacts and adequate mitigation cannot be readily identified, an Environmental Impact Report (EIR) is prepared. The Director has reviewed this project and found it to Categorically Exempt in accordance with Section 15301 (Class 1, Existing Facilities) of California Code of Regulations (CEQA Guidelines) in that this is development is within an existing shopping center with appropriate access, parking and circulation for this proposal. No further environmental documentation is required. \\DC1\Department Share\Community Development\DEV PMTS\C U P\2015\CUP 2015-01 McGregors\Agenda Reports\MOORPARK PLANNING COMMISSION.docx 6 Honorable Planning Commission November 24, 2015 Page 7 NOTICING Public Notice for this meeting was given consistent with Chapter 17.44.070 of the Zoning Ordinance as follows: 1. Publication. The notice of the public hearing was published in the Ventura County Star on November 15, 2015. 2. Mailing. The notice of the public hearing was mailed on November 13, 2015, to owners of real property, as identified on the latest adjusted Ventura County Tax Assessor Roles, within one-thousand (1,000) feet of the exterior boundaries of the assessor's parcel(s) subject to the hearing. 3. Sign. One 32 square foot sign is to be placed on the street frontage by November 13, 2015. STAFF RECOMMENDATION 1. Open the public hearing, accept public testimony and close the public hearing; and 2. Adopt Resolution No. PC-2015- approving Conditional Use Permit No. 2015-01 with conditions of approval and making a determination of exemption under CEQA in connection therewith. ATTACHMENTS: 1. Location Map 2. Aerial Photograph 3. Floor Plan 4. Draft PC Resolution with Conditions of Approval • S:\Community Development\DEV PMTS\C U P\2015\CUP 2015-01 McGregors\Agenda Reports\MOORPARK PLANNING COMMISSION docx 7 HLr lfr,I Lir51" .,--,-,- 1 ,... -1 1 I I s. '---- I ' 1 ISA 03 Ixi? i I'' a) -r__L, a) .,_ 1-,, , E_ ,,, I 7- 1 ,---1 , ,,,- '.......— — E r, I--- I t4 i 0 c.) ' ',-- ) *5 ,..„• .. -,-..... *Ay X40.11 1 sa2 0 , o a a 1•••• . . 4 — I 1 ii on :4 2 I . I o ,...., w w. a 8 a ICJ a 1 IT) .,- 1.0 = .r. CO * dAV SIJULLIO:3AI 0 AV liAtt.ti Jails t o ,, cu C 1 co CU J - r.. CU > 1 0 on = — CD CC5 , CA I ...., 0 0.1 ce) CD c = 4 0 cu <IC .tih 077 (.0 0. 0 a) .._i loti i -0 > qi• 1 0 ca. 4..0 ! a ,.. Lo ..„,- C; at -I- tra C13 < C) 0 V ..—.. 7 E --I X 0 ..7.; I 1 17 E p CL. 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Q .1773 03 M it `� o io RS ...� ..r a- . - , C f .r s .f * o_. r -0 ...T.- t OCA as n -u ? ,t a e p 0 Y r -a. r __..L I' Q • - : ius `-' i • I ry t i f _ --- i i.r r :-- 171 R : " 11,,— -,— "1=� D Q i . r — a r •- t4 i' , . u, L : 1 - - .. co DJ r f CI vo jj .` U1 ri 47 03 + ._s :c CU a i ' • S «. - '"t.. it , ": -pie H EL PC ATTACHMENT 2 9 Th ® -------_,CENTER FRONT—Q WALKWAYS (E)ENTRY STOREFONT �r (� 0 \ \ DOORS _- __ V V z a 1 e o F1 C iu c 3 ifi a V OW WM 13 C i DI T%SS I` / NO 5.8 C^-: ,, n=ft-- R a 'Ty ii• IFLOOR PLAN KEY NOTES , mcg� id 8 C 0 QØ- I . -r 0 CUSTOMER SEATING AREAS °°Si t - a 1 ° aha a °a o n 2. CUSTOMER GREETING AND SALES E : p c a : a f, COUNTER 1 RE a t ' 3. REACH IN WINE AND BEER in 2 O I�_ _ a � * © 152 REFRIGERATED MERCHANDISING - f'_ - r 0 a a i= REFRIGERATORS , ; I; I 1 ONO 4. WINE AND BEER DISPLAY alio ( }°Ii1 f SHELVING UNITS pill! a u 7 5. CUSTOMER SERVICE BAR s FIJI a a as r i n , 6. BACK BAR WITH BEER TAPS L. I 11 B i (� a a - j ii 7. WALK-IN BEER COOLER O ( j ii 8. ACCESSIBLE MEN'S AND WOMAN'S - .I� ® Iii RESTROOMS I r 9. EHD REQUIRED STORAGE AND ` asaaa • a >er ,' ,-,, FOOD PREPARATION RELATED ., s e. r-- --------- - - n„ ' EQUIPMENT AREAS •o 6 / � a ' , . i -_.i II ARF4S OF USE(APPROXIMATED) C III ❑ CUSTOMER SEATING AREAS....772 SF . 1 RETAIL SALES AREAS =372 SF. - Iii,I� „ EHD FOOD PREP./STORAGE AREAS : Sok , ; -- 'i_ AND CUSTOMER BACK BAR =670 SF. � uwr-.or.E �►- 1 \ --- -L�.:.,.�_-. _. ~ RESTROOM CORE/OFFICE 6.15 ag �. � SUPPORT AREA =332 SF. o - ' ,•�� TOTAL USER AREA =2146 SF. uLu 6> (: L/ rte.• rt 44q i a 111 'fl sr' r 1 ii w - NQU I lit. , I -,,_n It "�A d VlQC'Y0.' i}�i E' i i /' .11 '" W y- 0- it I % ' �7 � O f- 3: I J I • N`y` Lt Q Vis Lt ..-iii Ss_Ae ` -I i - MCGREGOR'S (E)REAR SERVICE ENTRY CRAFT BEER AND WINE gia PRELIM. FLOOR PLAN ALT#2 41. MOORPARK CA lop WAS 1/444.4r 11-9-15 £-'Irl9, 44 ►' PR-I C PC ATTACHMENT 3 10 RESOLUTION NO. PC-2015 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2015-01, A REQUEST TO ALLOW RETAIL BEER AND WINE SALES FOR ON- SITE AND OFF-SITE CONSUMPTION, INCLUDING TASTING, WITHIN AN EXISTING APPROXIMATELY 2,175 SQUARE-FOOT TENANT SPACE AT 144 LOS ANGELES AVENUE #105; AND MAKING A DETERMINATION OF EXEMPTION UNDER CEQA IN CONNECTION THEREWITH, ON THE APPLICATION OF FRANCES FLEMING AND MARC BOSCH (MCGREGOR'S CRAFT BEER) WHEREAS, on October 22, 2015, Frances Fleming and Marc Bosch, for McGregor's Craft Beer, submitted an application for a Conditional Use Permit (CUP) to allow retail beer and wine sales for on-site or off-site consumption, including tasting, within an existing approximately 2,175 square-foot tenant space at 144 Los Angeles Avenue #105 (within the Tuscany Square shopping center); and WHEREAS, at a duly noticed public hearing on November 24, 2015, the Planning Commission considered Conditional Use Permit (CUP) No. 2015-01; and WHEREAS, at its meeting of November 24, 2015 the Planning Commission considered the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal; closed the public hearing and reached a decision on this matter; and WHEREAS, the Community Development Director has determined that proposed Conditional Use Permit (CUP) No. 2015-01 is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Class 1 Categorical Exemption: Existing Facilities) of the California Code of Regulations. CUP No. 2015-01 allows for a beer and wine retail store and tasting room within a vacant tenant space of an existing shopping center which is currently approved and used for a mix of restaurant, retail, and service uses, and the use is consistent with the applicable general plan designation and all applicable general plan policies and applicable zoning designation and regulations. In addition, there is no substantial evidence that the project will have a significant effect on the environment. PC ATTACHMENT 4 11 Resolution No. PC-2015- Page 2 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTATION: The Planning Commission concurs with the Community Development Director's determination that the project is categorically exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under the Class 1 exemption under State CEQA Guidelines Section 15301 (existing facilities) because CUP No. 2015-01 allows for a beer and wine retail store and tasting room within a vacant tenant space of an existing shopping center which is currently approved and used for a mix of restaurant, retail, and service uses, and the use is consistent with the applicable general plan designation and all applicable general plan policies and applicable zoning designation and regulations. In addition, there is no substantial evidence that the project will have a significant effect on the environment. The Planning Commission has reviewed the Community Development Director's determination of exemption, and based on its own independent analysis and judgment, concurs with the determination of exemption. SECTION 2. CONDITIONAL USE PERMIT FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the Planning Commission makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.040: A. The proposed beer and wine tasting room is consistent with the provisions of the City's General Plan, Zoning Ordinance, and other applicable regulations as conditioned in that the land is planned and zoned for general commercial uses of the intensity proposed and sufficient parking is available. B. The proposed use is compatible with both existing and permitted land uses in the surrounding area, in that the sale of beer and wine for on-site and off-site consumption, including tasting, complements the surrounding uses and is a use that is not unanticipated within a commercial center. C. The proposed use is compatible with the scale, visual character, and design of surrounding properties, in that the use does not require modification to the exterior of the approved building. D. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or uses in that conditions are required to ensure proper control of the service of alcoholic beverages for on-site and off-site consumption. E. The proposed use would not be detrimental to the public interest, health, safety, convenience, or welfare, in that conditions are required to ensure proper control of the service of alcoholic beverages for on-site and off-site consumption. 12 Resolution No. PC-2015- Page 3 ADDITIONAL FINDINGS FOR ESTABLISHMENTS SERVING ALCOHOLIC BEVERAGES: A. Although Census Tract 76.12 exceeds the ABC target number of establishments selling alcoholic beverages for on-site consumption, it is a census tract dominated by shopping centers, where such uses are expected. The proposal is unique to the community in that it is primarily a beer and wine retail store and tasting room. There are no similar uses within the existing shopping center. B. The proposed use will serve a public convenience in that the sale of a variety of craft beers and wine from this location for on-site and off-site consumption, including tasting, provides a service that currently does not exist in Moorpark. C. The use will not create the need for increased police services, in that conditions are required to ensure proper control of the sales and service of alcoholic beverages for on-site and off-site consumption. D. The requested use at the proposed location will not adversely affect the economic welfare of the community. E. The exterior appearance of the structure will not be inconsistent with the external appearance of commercial structures already constructed or under construction on surrounding properties, or within the immediate neighborhood so as to cause blight, deterioration or substantially diminish property values within the neighborhood. SECTION 3. PLANNING COMMISSION APPROVAL: the Planning Commission herby approves Conditional Use Permit No. 2015-01 subject to the Standard and Special Conditions of Approval found in Exhibit A attached. SECTION 4. FILING OF RESOLUTION: The Community Development Director shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: NOES: ABSENT: ABSTAIN: 13 Resolution No. PC-2015- Page 4 PASSED AND ADOPTED this 24th day of November, 2015. Mark Di Cecco, Chair David A. Bobardt, Community Development Director Exhibit A— Standard and Special Conditions of Approval 14 Resolution No. PC-2015- Page 5 EXHIBIT A STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT (CUP) No. 2015-01 STANDARD CONDITIONS OF APPROVAL The applicant shall comply with Standard Conditions of Approval for Conditional Use Permits as adopted by City Council Resolution No. 2009-2799 (Exhibit B), except as modified by the following Special Conditions of Approval. In the event of conflict between a Standard and Special Condition of Approval, the Special Condition shall apply. SPECIAL CONDITIONS 1. The applicant's acceptance of this permit and/or commencement of construction and/or operations under this permit is deemed to be acceptance of all conditions of this permit. 2. The Conditions of Approval of this permit, City of Moorpark Municipal Code and adopted city policies at the time of the permit approval supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on plans. 3. Conditions of this entitlement may not be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. 4. The applicant shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning the permit, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37. The City will promptly notify the applicant of any such claim, action or proceeding, and if the City should fail to do so or should fail to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. a. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding, if both of the following occur: i. The City bears its own attorney fees and costs; and ii. The City defends the claim, action or proceeding in good faith. 15 Resolution No. PC-2015- Page 6 b. The applicant shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the applicant. The applicant's obligations under this condition shall apply regardless of whether a building permit is ultimately obtained, or final occupancy is ultimately granted with respect to the permit. 5. If any of the conditions or limitations of this approval are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 6. The development must be in substantial conformance with the plans presented in conjunction with the application for Conditional Use Permit No. 2015-01, except any modifications as may be required to meet specific Code standards or other conditions stipulated herein. Any future changes to the parking or vehicle storage layout shall require review and approval by the Community Development Director. 7. The City of Moorpark reserves the right to modify, suspend or revoke for cause this conditional use permit consistent with Chapter 17.44 of the Moorpark Municipal Code or as may be amended in the future. 8. Conditional Use Permit No. 2015-01 may be revoked or its use suspended by the City, if any of the causes listed in Section 17.44.080.6 of the Zoning Code are found to apply, including if the use for which the permit was granted has not been exercised for at least twelve (12) consecutive months, has ceased to exist, or has been abandoned. The discontinuance for a period of one hundred eighty (180) or more days of a nonconforming use or a change of nonconforming use to a conforming use constitutes abandonment and termination of the nonconforming status of the use. 9. A separate sign permit application must be submitted for all proposed signs, for the review and approval of the Community Development Director prior to issuance of a building permit for a sign. 10. Outdoor service and/or sales of alcoholic beverages are not permitted. Signs must be posted at the building exits indicating that customers may not leave the building with open containers of alcoholic beverages. 11. Games or contests requiring or involving the consumption of alcoholic beverages shall not be permitted at any time. 12. Music, whether live or pre-recorded, may only take place inside the building and not exceed a volume that can be heard from beyond the property. Live music must be acoustic and may not be amplified. All activities on the property must comply with the City's noise regulations. 16 Resolution No. PC-2015- Page 7 13. Sales, service, or consumption of beer or wine is permitted only between the hours of 10:00 a.m. and 12:00 a.m. each day of the week. 14. Approval of a Zoning Clearance is required prior to the issuance of building permits. All other permit and fee requirements must be met. 15. Food items shall be available for purchase for on-site consumption during all hours of operation to the satisfaction of the Community Development Director. 16. Security personnel must be provided to monitor the parking area(s) designated for use by customers of the restaurant during any activity that may require the need for additional security. The applicant shall work with the Police Department, Fire Department, and Community Development Department staff to determine which activities shall require additional security. The owner/manager shall be required to obtain Temporary Use Permit approval from the City of Moorpark when a scheduled activity could create a need for increased police presence. The only exception shall be for special events held by Moorpark-based non-profit groups. 17. The applicant shall reimburse the City of Moorpark for any additional police or other costs incurred by the City as a result of operations approved by this Conditional Use Permit, including fifteen (15%) percent overhead on any such services. 18. The permittee must correct any safety or security problem within three (3) days upon written notice of such a problem from the Moorpark Police Department. 19. Applicant shall provide the Community Development Department with a copy of the California Department of Alcoholic Beverage Control (ABC) approval prior to sale of any alcoholic beverages. 20. The applicant shall comply with Chapter 8.32 PROHIBITING SMOKING IN PUBLIC PLACES at all times and shall provide signs consistent with Section 8.32.040 of the Moorpark Municipal Code to the satisfaction of the Community Development Director, prior to initiation of the uses allowed by this permit. Any smoking area, if desired, shall comply with Section 8.32.030 of the Moorpark Municipal Code. 21. No person under the age of eighteen (21) shall serve or package alcoholic beverages. 22. No person under the age of twenty-one (21) is allowed in the premises. A clearly visible sign at the entrance shall be posted indicating this restriction to the satisfaction of the Community Development Director. 23. All exterior areas of the site, including parking areas under use by the facility, shall be maintained free of litter and debris at all times. 17 Resolution No. PC-2015- Page 8 24. Areas inside the establishment open to customers must be illuminated sufficiently to allow the identification of persons to the satisfaction of the Police Chief. 25. The applicant or his/her designee shall be responsible to police the exterior of the business to assure that no beer, wine, or liquor is consumed within the parking lot. The applicant shall not permit any loitering in the parking lot or in areas adjacent to the facility. 26. No exterior advertising of any kind or type is allowed promoting or indicating the availability of alcoholic beverages. Interior displays of beer, wine, or liquor that are clearly visible to the exterior shall constitute a violation of this condition. 27. No increase of floor area is permitted without approval of an additional permit. 28. Prior to the issuance of a Zoning Clearance for tenant occupancy, the applicant shall submit a Developer Waste Reduction and Recycling Plan to the satisfaction of the Senior Management Analyst. 29. Any and all employees directly involved or supervising the sale/service of alcoholic beverages shall upon request, provide evidence and the business shall maintain records that employees have: a. Received training from the State of California Department of Alcoholic Beverage Control (ABC) "Leadership and Education in Alcohol and Drugs" LEAD program or other Responsible Beverage Service (RBS) program, in the form of an ABC issued certificate. b. The Owner/Manager shall confirm with the California Department of Alcoholic Beverage Control within fifteen (15) days of hire any new employee has been scheduled with the local ABC office to attend a LEAD or RBS program course. -END- 18 ITEM: 8B MOORPARK,CALIFORNIA Planning Commission of 1(. 29-.. 2nt5 ACTION: Apt)i7 Vrd stn ff rPCa►1iti1 tihrocrim Adkp tccd Peq . . PC- 15-oGE . MOORPARK PLANNING COMMISSION 6741.ty -ci AGENDA REPORT TO: Honorable Planning Commission FROM: David A. Bobardt, Community Development Director 1/ ° DATE: November 13, 2015 (PC Meeting of 11/24/2015) SUBJECT: Consider Resolution Recommending Approval of Zoning Ordinance Amendment No. 2015-01, an Amendment to Sections 17.20.050 (Permitted Uses in Open Space, Agricultural, Residential, and Special Purpose Zones) and 17.20.060 (Permitted Uses in Commercial and Industrial Zones) of Chapter 17.20 (Uses by Zone) of Title 17, (Zoning) of the Moorpark Municipal Code to Prohibit Cultivation and Mobile Delivery of Marijuana and Medical Marijuana in All Zones and Determination That This Action Is Exempt from the California Environmental Quality Act BACKGROUND/DISCUSSION On October 9, 2015, Governor Brown signed three bills into law, AB 243, AB 266, and SB 643, collectively known as the Medical Marijuana Regulation and Safety Act. These bills provide for State oversight of medical marijuana cultivation and distribution as allowed under Proposition 215, while still allowing for local control. This act requires each local agency to specifically address mobile dispensaries and cultivation if it wishes to regulate these uses in a manner stricter than State law. Information prepared by the League of California Cities on the new act is attached. Chapter 17.20 of the Zoning Ordinance, Uses by Zones, has prohibited medical marijuana dispensaries, including cultivation and delivery, in all zones since 2007. No medical marijuana dispensaries have ever been permitted in Moorpark. Under the new State legislation, the City would have to specifically address mobile dispensaries and cultivation of medical marijuana if it wishes to regulate these uses. On October 21, 2015, the City Council adopted Resolution No. 2015-3452, directing the Planning Commission to study, hold a public hearing, and provide a recommendation to the City Council on an amendment to the Zoning Ordinance to address changes in State law under the Medical Marijuana Regulation and Safety Act. 19 Honorable Planning Commission November 24, 2015 Page 2 The attached draft resolution includes an ordinance which would make changes to Chapter 17.20, to specifically prohibit deliveries from mobile marijuana dispensaries and mobile medical marijuana dispensaries and cultivation of marijuana and medical marijuana as an agricultural use in all zones in Moorpark. Cultivation of medical marijuana for personal use by qualified patients on properties on which they reside would still be permitted. State law allows for the cultivation of up to 12 immature plants or 6 mature plants for personal use. The proposed changes add clarity to the existing prohibition on medical marijuana dispensaries and cultivation in light of the language contained in the Medical Marijuana Regulation and Safety Act. They do not change the intent of the existing regulations. The City Attorney has reviewed this ordinance and approved it as to form. ENVIRONMENTAL DETERMINATION The Director has reviewed this project and found it to qualify for a General Rule Exemption in accordance with Section 15061 of California Code of Regulations (CEQA Guidelines), in that there would not be a physical change to any existing land uses in Moorpark as a result of this ordinance. No further environmental documentation is required. NOTICING The notice of the public hearing was published in the Ventura County Star in a 1/8 page ad on November 15, 2015. STAFF RECOMMENDATION 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC-2015- ATTACHMENT: C-2015-ATTACHMENT: 1. League of California Cities Information 2. Draft PC Resolution 20 MEDICAL MARIJUANA REGULATION AND SAFETY ACT' What Cities Need to Know About the New Law and Delivery Services OVERVIEW DELIVERY Here's what you need to know: Here's what you need to do: o Local prohibition or regulation:Cities may prohibit ° Determine whether your city currently bans delivery or regulate medical marijuana businesses within their services for medical marijuana. jurisdictions.Local authority remains intact under ° If you have a ban,determine whether it is an express the new law. ban,or a ban enacted via permissive zoning(i.e.,it is o State license required:All medical marijuana not listed in your zoning or other codes as a permitted businesses—dispensary sales,delivery service, activity within the city limits). cultivation,or transport—must have a State license2. ° If you have an express ban specifically identifying ® State license not enough:A medical marijuana marijuana deliveries as a prohibited activity,you do not business in any city may only operate if it has need to take further action. permission from the State and permission from the o If you wish to prohibit delivery services but do not have city("dual licensing'). an express ban,you need to take further action. o Enforcement:Revocation of local permission to ACTION REQUIRED:Adopt an ordinance expressly operate means a medical marijuana business must banning deliveries within your jurisdiction.If you do not terminate operation because the new law requires adopt an express ban ordinance before the State begins dual licensing.Upon approval of the State,a city may issuing any State licenses,a State-licensed dispensary enforce State law. will be able to deliver medical marijuana within your © State law penalties for unlicensed activity:There jurisdiction.You may adopt an ordinance expressly are civil penalties and criminal penalties for operating banning deliveries after the State begins to issue without a State license. licenses.However,it may be difficult to terminate the State licensee's deliveries at that time.Therefore,best DELIVERY practice is for an ordinance to be in place before the State begins issuing State licenses.The State currently Here's what you need to know: estimates that it will begin issuing dispensary licenses If a city does not expressly prohibit the delivery of in January 2018,but that could certainly happen sooner. medical marijuana within its jurisdiction,delivery will be allowed(with a State dispensary license).This means ° A ban enacted via permissive zoning is not an that if your city wishes to prohibit the delivery of medical express ban. marijuana within its jurisdiction,the city must adopt an Be sure to consult with your city attorney before taking any ordinance expressly prohibiting delivery services and of the actions recommended in this document. mobile dispensaries. 1 AB 266(Bonta,Cooley,Jones-Sawyer,Lack,Wood);AB 243 (Wood);and SB 643(McGuire).Effective 1/1/2016. 2 The Department of Consumer Affairs estimates it will begin issuing State licenses in January 2018.The Department of Food and Agriculture and the Department of Public Health LEAGUE° also have licensing authority under the new law.Businesses OF CALIFORNIA operating in compliance with lcal ordinances will get C I 1TI E J priority in the State licensingapplication process. October 27,2015 PC ATTACHMENT 1' 21 MEDICAL MARIJUANA REGULATION AND SAFETY ACT' What Cities Need to Know About the New Law and Cultivation OVERVIEW CULTIVATION Here's what you need to know: Here's what you need to do: w Local prohibition or regulation:Cities may prohibit Determine if your city fits within City#1 or City#2 as or regulate medical marijuana businesses within their described below: jurisdictions.Local authority remains intact under w City#1:Municipal Code that does not expressly prohibit the new law. nor expressly regulate cultivation of medical marijuana and w State license required:All medical marijuana is not a"permissive zoning"code.Need to take action. businesses-dispensary sales,delivery service, ACTION REQUIRED:Adopt a land use ordinance cultivation,transport or distribution-must have a regulating or prohibiting the cultivation of medical State license2. marijuana.The ordinance must be effective by February • State license not enough:A medical marijuana 28,2016.The ordinance may be adopted as an"urgency business in any city may only operate if it has ordinance,"or second reading must occur on or before permission from the State and permission from the January 29,2016. city("dual licensing"). w City#2:Municipal Code that is a"permissive zoning" w Enforcement:Revocation of local permission to code and does not enumerate cultivation of medical operate means a medical marijuana business must marijuana as a permitted or conditional use.Need to terminate operation because the new law requires take action. dual licensing.Upon approval of the State,a city may ACTION REQUIRED:(1)Check and confirm that your enforce State law. city's zoning code is adopted and implemented under w State law penalties for unlicensed activity:There the principles of permissive zoning.If not,take action are civil penalties and criminal penalties for operating recommended for City#1.(2)If confirmed,adopt a without a State license. resolution that includes the following provisions: w States that Health&Safety Code section 11362.777(b)(3) CULTIVATION provides that the Department of Food and Agriculture may not issue a State license to cultivate medical Here's what you need to know: marijuana within a city that prohibits cultivation under If your city does not have a land use ordinance in place principles of permissive zoning; regulating or prohibiting the cultivation of marijuana, either expressly or otherwise under the principles '' Re affirms and confirms that the Zoning Code of permissive zoning,or chooses not to administer a is adopted and operates under the principles of conditional permit program,then commencing March permissive zoning; 1,2016,the State Department of Food and Agriculture w States this means that cultivation of marijuana is not will be the sole licensing authority for medical marijuana allowed within City#2 because it is not expressly cultivation applicants. permitted;and w Therefore,the State is not allowed to issue a license for 1 AB 266(Bonta,Cooley,Jones-Sawyer,Lack,Wood);AB 243 the cultivation of medical marijuana within City#2. (Wood);and SB 643(McGuire).Effective 1/1/2016. Be sure to consult with your city attorney before taking any 2 The Department of Consumer Affairs estimates it will begin of the actions recommended in this document. issuing State licenses in January 2018.The Department of Food and Agriculture and the Department of Public Health L E also have licensing authority under the new law.Businesses ��� o a operating in compliance with local ordinances will get OF CALIFORNIA priority in the State licensing application process. CITIES October27,2015 22 RESOLUTION NO. PC-2015- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING APPROVAL OF ZONING ORDINANCE AMENDMENT NO. 2015-01, AN AMENDMENT TO SECTIONS 17.20.050 (PERMITTED USES IN OPEN SPACE, AGRICULTURAL, RESIDENTIAL, AND SPECIAL PURPOSE ZONES) AND 17.20.060 (PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES) OF CHAPTER 17.20 (USES BY ZONE) OF TITLE 17 (ZONING) OF THE MOORPARK MUNICIPAL CODE TO PROHIBIT CULTIVATION AND MOBILE DELIVERY OF MARIJUANA AND MEDICAL MARIJUANA IN ALL ZONES AND DETERMINATION THAT THIS ACTION IS NOT A PROJECT APPROVAL SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, on October 9, 2015, Governor Brown signed three bills into law, AB 243, AB 266, and SB 643, collectively known as the Medical Marijuana Regulation and Safety Act. These bills provide for State oversight of medical marijuana cultivation and distribution as allowed under Proposition 215, while still allowing for local control; and WHEREAS, on October 21, 2015, the City Council adopted Resolution No. 2015- 3452, directing the Planning Commission to study, hold a public hearing, and provide a recommendation on a Zoning Ordinance Amendment that would amend Sections 17.20.050 (Permitted Uses in Open Space, Agricultural, Residential, and Special Purpose Zones) and 17.20.060 (Permitted Uses in Commercial and Industrial Zones) of Chapter 17.20 (Uses by Zone) of Title 17 (Zoning) of the Moorpark Municipal Code to address changes in State law under the Medical Marijuana Regulation And Safety Act; and WHEREAS, at duly noticed public hearing on November 24, 2015, the Planning Commission considered Zoning Ordinance Amendment No. 2015-01, an amendment to Sections 17.20.050 (Permitted Uses in Open Space, Agricultural, Residential, and Special Purpose Zones) and 17.20.060 (Permitted Uses in Commercial and Industrial Zones) of Chapter 17.20 (Uses by Zone) of Title 17 (Zoning) of the Moorpark Municipal Code to prohibit cultivation and mobile delivery of marijuana and medical marijuana in all zones; and WHEREAS, at its meeting of November 24, 2015, 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 discussed and reached a decision on this matter; and WHEREAS, the Community Development Director has determined that this project would qualify for a General Rule Exemption in accordance with Section 15061 of California Code of Regulations (CEQA Guidelines), in that there would not be a physical change to any existing land uses in Moorpark as a result of this ordinance. PC ATTACHMENT 2 23 Resolution No. PC-2015- Page 2 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DETERMINATION: The Planning Commission concurs with the determination of the Community Development Director that this project would qualify for a General Rule Exemption in accordance with Section 15061 of California Code of Regulations (CEQA Guidelines), in that there would not be a physical change to any existing land uses in Moorpark as a result of this ordinance. Based on its independent analysis and judgment of the Planning Commission, it can be seen with certainty that there is no possibility that the Zoning Ordinance Amendment No. 2015-01 may have a significant impact on the physical environment. No further environmental documentation is required. SECTION 2. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends to the City Council approval of Zoning Ordinance Amendment No. 2015-01 as shown in Exhibit A, attached. SECTION 3. Filing of Resolution: The Community Development Director shall cause a certified resolution to be filed in the book of original resolutions The action of the foregoing direction was approved by the following vote: AYES: NOES: ABSTAIN: ABSENT: PASSED, AND ADOPTED this 24th day of November, 2015. , Chair David Bobardt Community Development Director Exhibit A —Zoning Ordinance Amendment No. 2015-01 24 Resolution No. PC-2015- Page 3 EXHIBIT A ORDINANCE NO. AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING ZONING ORDINANCE AMENDMENT NO. 2015-01, AN AMENDMENT TO SECTIONS 17.20.050 (PERMITTED USES IN OPEN SPACE, AGRICULTURAL, RESIDENTIAL, AND SPECIAL PURPOSE ZONES) AND 17.20.060 (PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES) OF CHAPTER 17.20 (USES BY ZONE) OF TITLE 17 (ZONING) OF THE MOORPARK MUNICIPAL CODE TO PROHIBIT CULTIVATION AND MOBILE DELIVERY OF MARIJUANA AND MEDICAL MARIJUANA IN ALL ZONES AND DETERMINATION THAT THIS ACTION IS NOT A PROJECT APPROVAL SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, on October 9, 2015, Governor Brown signed three bills into law, AB 243, AB 266, and SB 643, collectively known as the Medical Marijuana Regulation and Safety Act. These bills provide for State oversight of medical marijuana cultivation and distribution as allowed under Proposition 215, while still allowing for local control; and WHEREAS, on October 21, 2015, the City Council adopted Resolution No. 2015- 3452, directing the Planning Commission to study, hold a public hearing, and provide a recommendation on a Zoning Ordinance Amendment that would amend Sections 17.20.050 (Permitted Uses in Open Space, Agricultural, Residential, and Special Purpose Zones) and 17.20.060 (Permitted Uses in Commercial and Industrial Zones) of Chapter 17.20 (Uses by Zone) of Title 17 (Zoning) of the Moorpark Municipal Code to address changes in State law under the Medical Marijuana Regulation And Safety Act; and WHEREAS, on November 24, 2015, the Planning Commission considered Zoning Ordinance Amendment No. 2015-01, an amendment to Sections 17.20.050 (Permitted Uses in Open Space, Agricultural, Residential, and Special Purpose Zones) and 17.20.060 (Permitted Uses in Commercial and Industrial Zones) of Chapter 17.20 (Uses by Zone) of Title 17 (Zoning) of the Moorpark Municipal Code to prohibit cultivation and mobile delivery of marijuana and medical marijuana in all zones, opened and closed a public hearing, and after discussion, adopted Resolution No. PC-2015- , recommending approval of Zoning Ordinance Amendment No. 2015-01; and WHEREAS, at duly noticed public hearing on December 16, 2015, the City Council considered Zoning Ordinance Amendment No. 2015-01, opened the public 25 Resolution No. PC-2015- Page 4 hearing and took and considered public testimony both for and against the proposal, closed the public hearing, and discussed and reached a decision on this matter; and WHEREAS, the Community Development Director has determined that this project would qualify for a General Rule Exemption in accordance with Section 15061 of California Code of Regulations (CEQA Guidelines), in that there would not be a physical change to any existing land uses in Moorpark as a result of this ordinance. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. ENVIRONMENTAL DETERMINATION: The City Council concurs with the determination of the Community Development Director that this project would qualify for a General Rule Exemption in accordance with Section 15061 of California Code of Regulations (CEQA Guidelines), in that there would not be a physical change to any existing land uses in Moorpark as a result of this ordinance. Based on its independent analysis and judgment of the City Council, it can be seen with certainty that there is no possibility that the Zoning Ordinance Amendment No. 2015-01 may have a significant impact on the physical environment. No further environmental documentation is required. SECTION 2. GENERAL PLAN AND SPECIFIC PLAN CONSISTENCY: The City Council finds Zoning Ordinance Amendment No. 2015-01 to be consistent with the City of Moorpark General Plan and all adopted Specific Plans. SECTION 3. The City Council hereby approves Zoning Ordinance Amendment No. 2015-01, which amends Sections 17.20.050 (Permitted Uses in Open Space, Agricultural, Residential, and Special Purpose Zones) and 17.20.060 (Permitted Uses in Commercial and Industrial Zones) of Chapter 17.20 (Uses by Zone) of Title 17 (Zoning) of the Moorpark Municipal Code, as shown in Exhibit A attached. SECTION 4 . If any section, subsection, sentence, clause, phrase, part or portion of this ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 5 . This ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 6 . The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said City; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City 26 Resolution No. PC-2015- Page 5 Council at which the same is passed and adopted; and shall publish notice of adoption in the manner required by law. PASSED AND ADOPTED this day of , 2015. Janice S. Parvin, Mayor ATTEST: Maureen Benson, City Clerk Exhibit A —Amendments to Sections 17.20.050 and 17.20.060 27 Resolution No. PC-2015- Page 6 EXHIBIT A ZONING ORDINANCE AMENDMENT NO. 2015-01 AMENDMENTS TO SECTION 17.20.050 (PERMITTED USES IN OPEN SPACE, AGRICULTURAL, RESIDENTIAL AND SPECIAL PURPOSE ZONES) AND SECTION 17.20.060 (PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES) OF CHAPTER 17.20 (USES BY ZONE) OF TITLE 17 (ZONING) OF THE MOORPARK MUNICIPAL CODE No. 9 is added to Section A, Agricultural Uses, of Table 17.20.050 in Section 17.20.050 as follows: RPD Zones 0-S A-E R-A R-E R-O R-1 R-2 RPD 20U-N-D TPD 9. Cultivation of marijuana or medical marijuana, other than medical marijuana plants maintained for personal use by a qualified patient residing on the property as allowed by Health and Safety Code Section 11362.77 No. 15 is added to Section D, Accessory and Miscellaneous Uses, of Table 17.20.050 in Section 17.20.050 as follows: RPD Zones O-S A-E R-A R-E R-0 R-1 R-2 RPD 20U-N-D TPD 15. Delivery of marijuana or medical marijuana, including, but not limited to,deliveries from mobile marijuana dispensaries and mobile medical marijuana dispensaries No. 10 in Section A, Retail and Services Uses, of Table 17.20.060 in Section 17.20.060 is amended as follows: CPD Zones C-O C-1 C-2 C-OT M-1 M-2 10. Marijuana (cannabis and all parts of that plant)dispensaries and Mmedical marijuana (cannabis and all parts of that plant) dispensaries including any site,facility, location, mobile dispensary, use, cooperative or business which distributes, 28 Resolution No. PC-2015- Page 7 sells,exchanges, processes, stores. delivers,gives away,or cultivates marijuana including marijuana for medical purposes to qualified patients,health care providers, patients'primary caregivers,or physicians pursuant to Proposition 215, Health and Safety Code Section 11362.5 et seq., or any state regulations adopted in furtherance thereof _ -END- 29 MOOFRWINALMINIA Planning Commission of Il. 29-, 2() i5 ACTION: A f prc vr2 c S 't f f A(i (-)rV IpPnriQ ti(Cl BY: (}. INlko,Irak, MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission 1/6 FROM: David A. Bobardt, Community Development Director DATE: November 17, 2015 (PC Meeting of 11/24/2015) SUBJECT: Consider Finding of General Plan Consistency for the Purchase of Property at 61 High Street by the City of Moorpark for Public Purposes BACKGROUND/DISCUSSION On September 1, 2015, the City of Moorpark made an offer to acquire a 7,500 square foot lot with a 2,500 square-foot commercial building at 61 High Street for public purposes, subject to execution of a Purchase and Sale Agreement. The intended purpose of the site is to enhance cultural amenities in the City for the benefit of the public by providing a support facility to be used by the High Street Arts Center. The Moorpark Foundation for the Arts is the sole tenant, and that is expected to continue after acquisition. Section 65402 of the Government Code requires the Planning Commission to make a report as to General Plan conformity prior to the acquisition of real property for public purposes. The site is designated C-OT (Old Town Commercial) in the General Plan, is within the Downtown Specific Plan area, and is zoned C-OT (Old Town Commercial. The General Plan and Zoning designations are intended to implement the vision of the Downtown Specific Plan. One of the main goals of the Downtown Specific Plan is to promote downtown as a special place for cultural and civic events, dining, entertaining, and shopping. The acquisition of this property would help to implement that goal by providing support space needed for the operation of the High Street Arts Center. STAFF RECOMMENDATION Find the acquisition of the property at 61 High Street in conformity with the General Plan and direct staff to report this finding to the City Council. ATTACHMENT: Location Map 30 I- 11 r ._. ., , T. 0 ,,.- C V V ` ";.:"..(7k.,„:.;,,...".,,,".a l0 '''' .,:,• 0 = N W a O n s 1 E Id) ry m o O I .14 a vac3 = 45,4 i1W : o m m a4 43 ". -I 5 y. U) • 47 ...... 44 ,y O lie' . , lIl .4, F it% , .. .� Q v , ID 114 - - �! ., 44 p 4) Y ww,, I W L 0 L r 4 r # f6 t Cia .0 ;., i ..._ O ,...(r:),_ o cc) ?it ' ,,,,,:11' ' 0 _ a RI = # 2 .. „. o r ®. a L() co CUc ,...40.00$40 ...i ',...,:i.,-,4 4 C i } E L o CL C 1 ca - ilk.... , ,,,,', 71 AV4relvd?lOfl ..r v E W au E 0 (-) ird 76m .., ,i k . ,.... *101110Mrirr.:Iff' ,,,,,:,*4=',.,44.4,gc....t.M.: : . , .pur d1 I' ,,. m [.:1‘: ''''''. , r y �'i f a ci) pa L a) 31 mVVRri'd r ,L.MLir' E i i? Planning Commission of ( I . 2Y.. 15 ACTION: A-pr()vfw. ITEM 10.A. MINUTES OF THE PLANNING COMMISSION rvc311? CC BY: orpa��California August 11, 2015 A Special Meeting of the Planning Commission of the City of Moorpark was held on August 11, 2015, in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Chair Di Cecco called the meeting to order at 7:02 p.m. 2. PLEDGE OF ALLEGIANCE: Commissioner Aquino led the Pledge of Allegiance. 3. ROLL CALL: Present: Commissioners Aquino, Groff, Hamous, Vice Chair Landis, and Chair Di Cecco. Staff Present: David Bobardt, Community Development Director; Joseph Fiss, Planning Manager; and Joyce Figueroa, Administrative Assistant II. 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: None. 5. PUBLIC COMMENT: None. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON MEETINGS/CONFERENCES ATTENDED BY THE COMMISSION: (Future agenda items are tentative and are subject to rescheduling.) None. 8. PUBLIC HEARINGS: (next Resolution No. PC-2015-604) None. 32 Minutes of the Planning Commission Moorpark, California Page 2 August 11, 2015 9. DISCUSSION ITEMS: A. Consider a Resolution Denying Appeal No. 2015-01 for a Sign Permit for Two Proposed Signs on Top Building Parapet Walls at 709 Science Drive, on the Application of John Newton for Community Marketplace. Staff Recommendation: 1) Adopt Resolution No. 2015-604, DENYING Appeal No. 2015-01. (Staff: David Bobardt) Mr. Bobardt gave the staff report. Chair Di Cecco stated for the record that he met with the applicant and staff. Commissioner Groff announced, due to his company (or Groff and Levy Insurance Brokers West) renting a space at the Community Marketplace and to avoid a potential conflict of interest, he would recuse himself and left the dais at 7:07 p.m. Vice Chair Landis stated for the record that he met with the applicant. A discussion among the Commissioners and staff focused on: 1) Definition of a mansard; 2) Whether the application was reviewed or rejected; 3) Stamp Page 3, Section 17.40.110 regarding sign location for a wall sign fora building more than 10,000 square feet; 4) How a wall sign would be incorporated into the roof; 5) Stamp Page 37, letter from the City Attorney regarding the variance of the terms of a Zoning Ordinance; 6) Whether there was any follow-up meetings with the applicant following the letter of August 5, 2015 from the City Attorney; and 7) Whether there was discussion of wall signs putting them on the building as opposed to putting them attached to the parapet and going up. Chair Di Cecco asked that the applicant be allowed to speak longer than three minutes. \\DC1\Department Share\Community Development\PLANNING COMMISSION\Minutes\2015\2015 0811 Special(DRAFT).docx 33 Minutes of the Planning Commission Moorpark, California Page 3 August 11, 2015 John Newton, John W. Newton and Associates, Inc., Applicant Representative, distributed handouts to the Planning Commission and staff and stated he was appealing the fact that the application was rejected, and not the negative decision. Mr. Newton discussed the following which focused on: 1) Zoning Matrix of the Moorpark Municipal Code Section 17.20.060 Item 23. which states that 20% of industrial planned development complex may be utilized for retail commercial and that 80,000 square feet of the project is retail commercial, and that retail commercial needs to be visible and needs signs; 2) July 8, 2015, email from Mr. Newton to Mr. Fiss regarding 'the code prohibits the City from considering a permit where a violation exists'; 3) The application was filed to correct the problem; 4) Referenced Code 17.44.060 C. Existing Violations; 5) A-frame sign violations referenced 17.40.090 B. Temporary banners and signs; 6) Letter dated June 4, 2015 from City of Moorpark regarding Denial of a Temporary Use Permit (TUP) for an Auto Faire; 7) A Temporary Use Permit was never issued by the Planning Commission; 8) Letter dated July 29, 2015 from City of Moorpark regarding Prohibited Roof Sign; 9) Subjected to Code Enforcement scrutiny; 10) City of Moorpark Memorandum dated August 5, 2015 from Kevin Ennis, City Attorney, regarding Sign Permit Appeal, and Mr. Newton's concerns regarding the City Attorney's interpretation of code sections; 11) City of Moorpark is singularly targeting Community Marketplace; 12) 11x18 copy of stamp page 11 of the agenda report (Conceptual sketch of Exhibit Sign A-1.1) was incomplete; \\DC1\Department Share\Community Development\PLANNING COMMISSION\Minutes\2015\2015 0811 Special(DRAFT)docx 34 Minutes of the Planning Commission Moorpark, California Page 4 August 11, 2015 13) Stated that it is imperative that Community Marketplace have signage visible to the 23/118 freeway on Los Angeles Avenue; 14) This authorized commercial use needs visible signage and is zoned for retail commercial; 15) This authorized commercial use currently comprised of 70 new businesses needs visible signage and needs to be visible; and 16) New businesses new to Moorpark need visible signage the same as any other retail commercial businesses in the City. A discussion among the Commissioners and Mr. Newton focused on: 1) When the property was leased, this project was brought before the City Council. Because it was zoned industrial, the square footage allows an industrial zone a certain percentage of the square footage to be used as retail 20%. Signage was not brought up before the City Council. The Development Agreement indicated that the signage would conform to 17.40.020 of the Moorpark Municipal Code requirements; 2) Interpretation and definition of roof line; 3) Analysis regarding how high of a sign would be needed above the roof to be visible to northbound traffic; 4) Whether the application was for a billboard sign on top of the parapet or for signage, including working with staff to determine what signage would work; and 5) The amount of signage allowed is based on the linear frontage. There is frontage on three sides of the building. Consideration of using interior of the parapet wall at the far end of the building for signage that would still meet the requirements, such as painting the building, painting the parapet with signage, super graphics, and increasing the parapet with a minor MOD to the IPD, and using a mansard type of arrangement that is incorporated into the roof. \\DC1\Department Share\Community Development\PLANNING COMMISSION\Minutes\2015\2015 0811 Special(DRAFT)docx 35 Minutes of the Planning Commission Moorpark, California Page 5 August 11, 2015 Mr. Bobardt clarified the following: 1) Rejection or Denial Term. A sign permit is a ministerial permit where we would not collect the money for something if we couldn't issue a permit. A rejection is a denial in that an application does not meet the standards and we can't issue the permit or collect money for it. 2) Thirty-day Time Limit. Staff erred and did not have the staffing to get the item in time, due to the Planning Manager and Director pre- planned vacations. 3) Directional Signs. The reference to the code is only for City- sponsored or non-profit events where we allow off-site directional signs. The code reference doesn't apply to commercial uses. 4) Issue about this Application Being Provided to Abate a Sign Violation. Removal of the roof banner did not require a permit. The issue is regarding whether we can issue a permit that abates a violation. 5) Banner Sign on Los Angeles Avenue in Front of the Monument Sign. The City did not issue a permit for the banner. This has not been enforced. 6) Selective Enforcement Regarding A-frame Signs. Staff does go out and hit all the businesses when we observe them. Mr. Bobardt suggested that in the Resolution provided for the Commissioners consideration, section 17.40.070 A. 3. of the Municipal Code which reads `except as specifically provided in this chapter no sign may extend above the eave line or parapet or lowest point on a sloping roof of the building on which its located' be added to the references of code standards. A discussion followed between the Commissioners regarding what was applied for and what was rejected, and their preference for the applicant to meet with staff and work out something that the applicant can comply with. MOTION: Vice Chair Landis moved and Commissioner Aquino seconded a motion to approve staff recommendation, including the adoption of Resolution No. 2015-604, as amended. The motion carried by voice vote 4-0, Commissioner Groff absent. \\DC1\Department Share\Community Development\PLANNING COMMISSION\Minutes\2015\2015 0811 Special(DRAFT).docx 36 Minutes of the Planning Commission Moorpark, California Page 6 August 11, 2015 10. CONSENT CALENDAR: MOTION: Commissioner Hamous moved and Commissioner Chair Di Cecco seconded a motion to approve the Consent Calendar. The motion carried by voice vote 4-0, Commissioner Groff absent. A. Consider Approval of the Regular Meeting Minutes of May 26. Staff Recommendation: Approve the minutes. 11. ADJOURNMENT: MOTION: Vice Chair Landis moved and Commissioner Aquino seconded a motion to adjourn the meeting. The motion carried by voice vote 4-0, Commissioner Groff absent. The time was 8:25 p.m. Mark Di Cecco, Chair David A. Bobardt, Community Development Director \\DC1\Department Share\Community Development\PLANNING COMMISSION\Minutes\2015\2015 0811 Special(DRAFT).docx 37