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HomeMy WebLinkAboutAG RPTS 2016 0927 PC REG VPpK 4< T o`er,` 940 ,so Resolution No. 2016-612 '4,gre.0 ,0%. PLANNING COMMISSION REGULAR MEETING AGENDA SEPTEMBER 27, 2016 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: A. Future Agenda Items CPD No. 2016-01 and CUP No. 2016-03; Apricot Lane Farms Market Store, Restaurant and Microbrewery ii. Safety Element Amendment: Ventura County Multi-Hazard Mitigation Plan All writings and documents provided to the majority of the Commission regarding all agenda items are available for public inspection at the City Hall public counter located at 799 Moorpark Avenue during regular business hours. The agenda packet for all regular Commission meetings is also available on the City's website at www.moorparkca.gov. Any member of the public may address the Commission during the Public Comments portion of the Agenda, unless it is a Public Hearing or a Discussion item. Speakers who wish to address the Commission concerning a Public Hearing or Discussion item must do so during the Public Hearing or Discussion portion of the Agenda for that item. Speaker cards must be received by the Secretary for Public Comment prior to the beginning of the Public Comments portion of the meeting; for a Discussion item, prior to the Chair's call for speaker cards for each Discussion agenda item; and for a Public Hearing item, prior to the opening of each Public Hearing, or beginning of public testimony for a continued hearing. A limitation of three minutes shall be imposed upon each Public Comment and Discussion item speaker. A limitation of three to five minutes shall be imposed upon each Public Hearing item speaker. Written Statement Cards may be submitted in lieu of speaking orally for open Public Hearings and Discussion items. Any questions concerning any agenda item may be directed to the Community Development/Planning office at 517-6233. Regular Planning Commission Meeting Agenda September 27, 2016 Page 2 8. PUBLIC HEARINGS: (next Resolution No. PC-2016-612) A. Consider Resolution Approving Conditional Use Permit No. 2016-03 and Administrative Permit No. 2016-09, to Allow a Service Station and 2,484 Square- Foot Convenience Store with Beer and Wine Sales for Off-Site Consumption at 13800 Princeton Avenue; And, Making a Determination of Exemption Under CEQA in Connection Therewith; On the Application of Henry Ling for Western States Engineering. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC- 2016- approving Administrative Permit No. 2016-09 and Conditional Use Permit No. 2016-01 with conditions of approval and making a determination of exemption under CEQA in connection therewith. (Staff: Freddy Carrillo) 9. DISCUSSION ITEMS: 10. CONSENT CALENDAR: A. Consider Approval of the Regular Meeting Minutes of August 23, 2016. Staff Recommendation: Approve the minutes. B. Consider Finding of General Plan Consistency for the Purchase of Property at 766 Los Angeles Avenue by the City of Moorpark for Public Purposes. Staff Recommendation: Find the acquisition of the property at 766 Los Angeles Avenue (APN 506-0-050-515) for affordable housing to be consistent with the goals and policies of the Housing Element, but would require an amendment to the Land Use Element Map, and direct staff to report this finding to the City Council. 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, September 27, 2016, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on September 23, 2016, 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 September 23, 2016. D#!1-ir_ Joyce R. Figueroa, Administrative Assistant II ITEM 8.A. MOORPARK,CALIFORNIA Planning Commission of q. 27, 20! ACTION: ►a , r Arin eri 2CiI- 6i2 BY: ,I-i{l rr k1 MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: David A. Bobardt, Community o munity Development Director Prepared by Freddy A. Carrillo, Associate Planner I DATE: September 20, 2016 (PC Meeting of 09/27/2016) SUBJECT: Consider Resolution Approving Conditional Use Permit No. 2016-03 and Administrative Permit No. 2016-09, to Allow a Service Station and 2,484 Square-Foot Convenience Store with Beer and Wine Sales for Off-Site Consumption at 13800 Princeton Avenue; And, Making a Determination of Exemption Under CEQA in Connection Therewith; On the Application of Henry Ling for Western States Engineering BACKGROUND On July 14, 2016, Henry Ling, on behalf of Western States Engineering, submitted an application for a Conditional Use Permit (CUP) and Administrative Permit (AP) to demolish the existing mini-mart/service station building at 13800 Princeton Avenue, to be replaced with a new 2,484 square-foot convenience store building that would include beer and wine sales for off-site consumption. The four existing gas pumps with two stations for each pump would be maintained, with a remodeled canopy to match the new building. The auto service use would be removed. The operator intends to stay open most of the time during an estimated 6-month construction period. A Conditional Use Permit is required for service stations with or without mini-marts and with or without beer and wine sales for off-site consumption in the Commercial Planned Development Zone. An Administrative Permit is required in all commercial and industrial zones for any new construction of less than 2,500 square feet of building floor area. A decision on an AP is normally made by the Community Development Director. However, because this project involves Planning Commission consideration on the Conditional Use Permit, staff has elevated the decision on all permits associated with the project to the Planning Commission for consideration. 1 Honorable Planning Commission September 27, 2016 Page 2 DISCUSSION Project Setting Existing Site Conditions: The existing service station is located on two parcels totaling 21,430 square feet on the southeast corner of Princeton Avenue and Spring Road. The property contains four gas pumps with two stations each and a 1,120 square-foot mini-mart with an attached automotive repair station. In addition, the property has 10 parking spaces for the mini- mart and automotive service station, two underground fuel storage tanks, and one above-ground propane tank. Existing shrubs are located on the north, east and west side of the property with cluster of trees on the east and south side of the property. Previous Applications: On January 2, 1962, the County of Ventura approved Planned Development No. 135, for the construction of a gasoline station. Planned Development No. 135 expired and was replaced by Variance-1718 on February 4, 1963. On February27 1981, the County of Ventura approved ed Modification No. 1 to modernize the service station. On July 14, 2015, a Zoning Clearance was issued for the addition of a storage room and remodel of an existing trash enclosure. General Plan and Zoning Consistency: GENERAL PLAN/ZONING Direction General Plan Zoning Land Use Site General Commercial Planned Service Station Commercial.......................... .. Development (CPD) Very High Residential Planned North Density Development (RPD-15U) Condominiums Residential South General Commercial Planned Ruben Castro Human Commercial Development (CPD) Services Center East General Commercial Planned Automotive Repair Commercial Development (CPD) West Old Town Old Town Commercial Liquor Store/Retail Commercial (C-OT) 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 service stations with or without mini-marts and with or without beer and wine sales for off-site consumption in \\DC1\Department Share\Community Development\DEV PMTS\C U P\2016\CUP 2016-03 76 Gas Station\Agenda Reports\MOORPARK PLANNING COMMISSION.docx 2 Honorable Planning Commission September 27, 2016 Page 3 the Commercial Planned Development Zone. This allows for consideration of the compatibility of the proposed use with surrounding uses in making findings on the application, and adoption of conditions of approval as deemed necessary. An Administrative Permit is required in all commercial and industrial zones for any new construction of less than 2,500 square feet of building floor area. ANALYSIS Issues Staff analysis of the proposed project has identified the following area for Planning Commission consideration in their decision: • Architecture • Control of Beer and Wine Sales • Concentration of Uses • Number of Lots Architecture The gas station is located within the Moorpark Downtown Specific Plan area. The applicant is proposing an approximately 80-foot long by 31-foot wide convenience store with storefront tower elements. The proposed architecture can be considered contemporary, with "Colonial Revival" features, such as a brick façade, arched windows, and roof cornices. The building exterior is proposed to have a combination of stucco and brick veneer. Corner towers are proposed on the northeast and northwest corner of the building at a height of 19-feet, 6 inches. Both towers are proposed to have architectural false windows and box planters. To provide greater visual interest onto the building, staff recommends "spandrel glass" be added, and the "windows" be recessed from the exterior wall. "Spandrel glass" is an architectural material used to cover construction materials and present a finished, seamless, and sleek exterior to buildings. Recessed windows are also encouraged in the downtown specific area. A storefront tower will be located in the storefront center of the building and will be 22-feet10-inches tall. This tower will serve as the entry to the convenience store. The applicant is also proposing a pre-cast architectural cornice molding on the towers to match existing buildings in the downtown area. The applicant is proposing traditional storefront windows with steel accent arches above each window and box planters. A proposed steel flat-roof canopy is proposed above the storefront entrance. Conditions of approval are proposed to ensure the colors, materials and textures of the building comply with the Moorpark Downtown Specific Plan. \\DC1\Department Share\Community Development\DEV PMTS\C U P\2016\CUP 2016-03 76 Gas Station\Agenda Reports\MOORPARK PLANNING COMMISSION.docx 3 Honorable Planning Commission September 27, 2016 Page 4 Since the rear side of the building will be facing the railroad tracks, the applicant is proposing wrought iron vine support trellises. Each trellis is made of 1-foot by 1-foot tubular steel on a 2-foot by 2-foot frame and painted black, bolted directly into the rear wall with steel plate. The use of metal vine trellises provides a broader opportunity to select from various vine species and a metal trellis can accommodate more mature vines, which can be laced onto the trellis to provide a fuller landscaped appearance. Therefore, conditions are recommended requiring use of an approved metal trellis on rear wall and use of mature vines to offer a shorter maturation period for the vine growth. In addition, the recommended condition states that the vines must be a minimum of fifteen gallon in size with the final vine species and amount to be planted on an approved metal, subject to a final plan being reviewed and approved by the Parks and Recreation Director and the Community Development Director prior to issuance of building permits. The building is proposed to be set back 3 feet from the south property line, in order to allow maintenance access to the rear of the building without entering railroad right-of-way. To deter trespassing, graffiti, and littering at the rear of the building, staff has added a condition of approval recommending a fencing plan with gates, to be reviewed and approved by the Community Development Director prior to issuance of building permits. Minor alterations are proposed for the canopy and pump area. As mentioned above, the existing gas station has four gas pumps, with 2 stations each, accommodating 8 vehicles at a time. Additional gas pumps are not proposed at this time. The existing canopy has a length of 24-feet by 50 feet wide and is 16-feet, 6-inches tall. The applicant is proposing to repaint the entire canopy and add a 1-foot architectural cornice molding to the canopy to match the towers. In addition, the existing canopy columns will be improved with brick veneer finish and pre-cast ledge stone caps to match the canopy and towers. Control of Beer and Wine Sales Staff analysis of the proposed project has identified control of beer and wine sales as the primary issue for Planning Commission consideration in their review of the CUP application. Conditions are recommended by staff to address security concerns. These conditions are consistent with those recently applied to other uses in Moorpark with beer and wine sales. The applicant has requested hours of operation from 5:00 a.m. to 10:00 p.m. Staff recommends granting a wider range of hours for operation of the service station, to allow flexibility in the future. Staff is recommending a condition as follows: "The convenience store and fuel sales are permitted to operate only between the hours of 5:00 a.m. and 12:00 a.m. (midnight) each day of the week. Sales of beer and wine are permitted only after 6:00 a.m." The Moorpark Police Department has reviewed this application and has no issues with the alcohol license at this location. A condition of approval requiring surveillance video for the mini mart has been added. \\DC1\Department Share\Community Development\DEV PMTS\C U P\2016\CUP 2016-03 76 Gas Station\Agenda Reports\MOORPARK PLANNING COMMISSION.docx 4 Honorable Planning Commission September 27, 2016 Page 5 Concentration of Uses The State Department of Alcoholic 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 76.13, which contains the project site, is generally bound by Broadway Avenue on the north, Read Road on the south, Spring Road on the west, and the Simi Valley City Limits on the east. Much of this tract is within unincorporated Ventura County. ABC allows a total of two licenses for off-site consumption in this tract without meeting the definition of overconcentration. Four exist at this time. Although the technical definition of overconcentration is met, this census tract has a high percentage of Moorpark's commercial zoning, including Moorpark Marketplace shopping center, Village at Moorpark, LA Spring Shopping Center, and Moorpark Plaza. Because of the high percentage of commercial land in this census tract, it is expected to have more uses with alcoholic beverage sales than census tracts that do not include as much commercial land. In addition, much of the census tract is open space or agricultural land, 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. Number of Lots As mentioned above, the existing service station is located on two separate parcels totaling 21,430 square-feet. It is unclear whether these are two separate legal lots, or merely separate Assessor's parcels for tax purposes. If there are two separate legal lots, such lots will be required to be merged prior to issuance of a zoning clearance for building permit. A condition of approval has been added to this effect. Findings 1. The proposed use is consistent with the provisions of the City's General Plan, Zoning Ordinance, and other applicable regulations as conditioned in that service stations with or without mini-marts and with or without beer and wine sales for off-site consumption in the Commercial Planned Development Zone are a conditionally-permitted use. 2. The proposed use is compatible with both existing and permitted land uses in the surrounding area, in that this use is anticipated in the zone and provides a convenience for surrounding residents and local commuters. \\DC1\Department Share\Community Development\DEV PMTS\C U P\2016\CUP 2016-03 76 Gas Station\Agenda Reports\MOORPARK PLANNING COMMISSION.docx 5 Honorable Planning Commission September 27, 2016 Page 6 3. The proposed use is compatible with the scale, visual character, and design of surrounding properties, in that architecture is considered through the application of an Administrative Permit and is consistent with the requirements of the Downtown Specific Plan. 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 sale of alcoholic beverages for 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 sale of alcoholic beverages for off-site consumption. ADDITIONAL FINDINGS FOR ESTABLISHMENTS SERVING ALCOHOLIC BEVERAGES: 1. The use will not result in an over concentration in the area of establishments serving alcoholic beverages in the area. Because of the high percentage of commercial land in this census tract, it is expected to have more uses with alcoholic beverage sales than census tracts that do not include as much commercial land, and as a result, a finding of public convenience and necessity can be made. 2. The use will serve a public convenience, in that the sale of beer and wine for off- site consumption provides additional consumer opportunities to the primary use of the site as a gas station and convenience store. 3. The use will not create the need for increased police services, in that conditions of approval are included to ensure proper control of the sale of beer and wine for off-site consumption. 4. The requested use at the proposed location will not adversely affect the economic welfare of the community in that appropriate controls have been put in place through conditions of approval. 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. The proposed structures, as conditioned, are architecturally consistent with the design standards of the Downtown Specific Plan and will enhance the appearance of the site. \\DC1\Department Share\Community Development\DEV PMTS\C U P\2016\CUP 2016-03 76 Gas Station\Agenda Reports\MOORPARK PLANNING COMMISSION.docx 6 Honorable Planning Commission September 27, 2016 Page 7 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: August 12, 2016 Planning Commission Action Deadline: November 10, 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 an existing use that is being remodeled, 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. \\DC1\Department Share\Community Development\DEV PMTS\C U P\2016\CUP 2016-03 76 Gas Station\Agenda Reports\MOORPARK PLANNING COMMISSION.docx 7 Honorable Planning Commission September 27, 2016 Page 8 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 September 16, 2016. 2. Mailing. The notice of the public hearing was mailed on September 17, 2016, 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. Two 32 square-foot signs were placed on the site on September 16, 2016. STAFF RECOMMENDATION 1. Open the public hearing, accept public testimony and close the public hearing; and 2. Adopt Resolution No. PC-2016- approving Administrative Permit No. 2016- 09 and Conditional Use Permit No. 2016-01 with conditions of approval and making a determination of exemption under CEQA in connection therewith. ATTACHMENTS: 1. Location Map 2. Aerial Map 3. Project Exhibits (Under Separate Cover) AS-1.0 Site Plan A-1.0 Floor Plan C-Store A-3.0 C-Store Elevations A-3.1 C-Store Elevations A-3.2 Canopy Plan Elevations 4. 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Project Exhibits AS-1 .0 Site Plan A-1 .0 Floor Plan C-Store A-3.0 C-Store Elevations A-3. 1 C-Store Elevations A-3.2 Canopy Plan Elevations (UNDER SEPARATE COVER) COPIES OF THE EXHIBITS ARE AVAILABLE UPON REQUEST OF THE PROJECT PLANNER PC ATTACHMENT 3 > > RESOLUTION NO. PC-2016- A RESOLUTION OF THE PLANNING COMMISSIONOF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2016-03 AND ADMINISTRATIVE PERMIT NO. 2016-09, TO ALLOW A SERVICE STATION AND 2,484 SQUARE-FOOT CONVENIENCE STORE WITH BEER AND WINE SALES FOR OFF-SITE CONSUMPTION AT 13800 PRINCETON AVENUE, AND MAKING A DETERMINATION OF EXEMPTION UNDER CEQA IN CONNECTION THEREWITH, ON THE APPLICATION OF HENRY LING FOR WESTERN STATES ENGINEERING WHEREAS, on July 14, 2016, an application was filed by Henry Ling for Conditional Use Permit No. 2016-03 and Administrative Permit No. 2016-09, to allow a service station and 2,484 square-foot convenience store with beer and wine sales for off-site consumption, at 13800 Princeton Avenue; and WHEREAS, at a duly noticed public hearing on September 27, 2016, the Planning Commission considered Conditional Use Permit (CUP) No. 2016-03 and Administrative Permit (AP) No. 2016-09; and WHEREAS, at its meeting of September 27, 2016 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. 2016-03 and Administrative Permit (AP) No. 2016-09 is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Class 1: Existing Facilities) of the California Code of Regulations in that the development is an existing use that is being remodeled, 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. 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 provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Class 1: Existing Facilities) of the California Code of Regulations in that the development is an existing use that is being remodeled, 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, PC ATTACHMENT 4 12 Resolution No. PC-2016- Page 2 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: 1. The proposed use is consistent with the provisions of the City's General Plan, Zoning Ordinance, and other applicable regulations as conditioned in that service stations with or without mini-marts and with or without beer and wine sales for off-site consumption in the Commercial Planned Development Zone are a conditionally-permitted use. 2. The proposed use is compatible with both existing and permitted land uses in the surrounding area, in that this use is anticipated in the zone and provides a convenience for surrounding residents and local commuters. 3. The proposed use is compatible with the scale, visual character, and design of surrounding properties, in that architecture is considered through the application of an Administrative Permit and is consistent with the requirements of the Downtown Specific Plan. 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 sale of alcoholic beverages for 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 sale of alcoholic beverages for off-site consumption. ADDITIONAL FINDINGS FOR ESTABLISHMENTS SERVING ALCOHOLIC BEVERAGES: 1. The use will not result in an over concentration in the area of establishments serving alcoholic beverages in the area. Because of the high percentage of commercial land in this census tract, it is expected to have more uses with alcoholic beverage sales than census tracts that do not include as much commercial land, and as a result, a finding of public convenience and necessity can be made. 2. The use will serve a public convenience, in that the sale of beer and wine for off- site consumption provides additional consumer opportunities to the primary use of the site as a gas station and convenience store. 13 Resolution No. PC-2016- Page 3 3. The use will not create the need for increased police services, in that conditions of approval are included to ensure proper control of the sale of beer and wine for off-site consumption. 4. The requested use at the proposed location will not adverselyaffect the q p p economic welfare of the community in that appropriate controls have been put in place through conditions of approval. 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. The proposed structures, as conditioned, are architecturally consistent with the design standards of the Downtown Specific Plan and will enhance the appearance of the site. SECTION 3. PLANNING COMMISSION APPROVAL: The Planning Commission herby approves Conditional Use Permit No. 2016-03 and Administrative Permit No. 2016-09 subject to the Standard and Special Conditions of Approval found in Exhibit A attached. SECTION 4. FILING OF RESOLUTION: The Community Development Director shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: NOES: ABSTAIN: ABSENT: PASSED, AND ADOPTED this 27th day of September, 2016. Mark Di Cecco, Chair David A. Bobardt, Community Development Director Exhibit A- Standard and Special Conditions of Approval for Conditional Use Permit No. 2016-03 and Administrative Permit No. 2016-09 14 Resolution No. PC-2016- Page 4 EXHIBIT A CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT NO. 2016-03 AND ADMINISTRATIVE PERMIT NO. 2016-09 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. ppY. 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 by the California Code of Civil Procedure Section 1094.6 and Government Code Section 65009. 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: 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-2016- Page 5 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. 2016-03 and Administrative Permit No. 2016-09, 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 and administrative permit consistent with Chapter 17.44 of the Moorpark Municipal Code or as may be amended in the future. 8. This permit shall expire one (1) year from the date of its approval unless the use for which the permit has been granted has been inaugurated by issuance of a building permit for construction. The Community Development Director may, at his/her discretion, grant a one-year extension for use inauguration of the development permit, if there have been no changes in the adjacent areas and if the applicant can document that he/she has diligently worked towards use inauguration during the initial period of time. The request for extension of this planned development permit shall be made in writing, at least thirty (30) days prior to the expiration date of the permit and shall be accompanied by applicable entitlement processing deposits. 9. Conditional Use Permit No. 2016-03 and Administrative Permit No. 2016-09 may be revoked or its use suspended by the City, if any of the causes listed in Section 17.44.080.B of the Zoning Code are found to apply, including if the use for which the permit was granted has not been exercised for at least twelve (12) consecutive months, has ceased to exist, or has been abandoned. The discontinuance for a period of one hundred eighty (180) or more days of a nonconforming use or a change of nonconforming use to a conforming use constitutes abandonment and termination of the nonconforming status of the use. 10. Prior to issuance of a Zoning Clearance for a building permit, the applicant shall submit a color and material board for review and approval of the Community Development Director for consistency with the Moorpark Downtown Specific Plan. 16 Resolution No. PC-2016- Page 6 11. The applicant shall submit a sample of the metal vine trellises to be installed in wall panels of the south elevation and must be reviewed and approved by the Community Development Director prior to the issuance of building permits. 12. The vines to be planted on the metal trellises must be a minimum of fifteen (15) gallon in size and the applicant shall submit a plan which includes the vine species and amount and number of vines to be planted for review and approval by the Community Development Director and Parks and Recreation Director prior to issuance of building permits. 13. Prior to issuance of a Zoning Clearance for a building permit, the applicant shall submit a fencing, lighting, and landscaping plan for review and approval by the Community Development Director, Parks and Recreation Director, and Police Chief that demonstrates compliance with the City's Zoning Ordinance, Landscape Standards and Guidelines, and Water Efficient Landscape Ordinance, and provides a safe and secure environment for the building occupants. 14. 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 Standards and Guidelines shall be used on any property within the development site, or slope area. 15. The applicant shall provide a preliminary title report or other such evidence showing the number and ownership of the two parcels, subject to the satisfaction of the Community Development Director. If it is determined these are two separate legal lots, such lots will be required to be merged prior to issuance of a zoning clearance for building permit 16. Prior to issuance of a Zoning Clearance for a building permit, the applicant shall pay Los Angeles Avenue Area of Contribution fees in effect at the time of permit issuance. 17. Prior to issuance of a Zoning Clearance for a building permit, the applicant shall submit a revised plan for a fully-covered trash enclosure, with materials and colors to match the building, for review and approval by the Community Development Director and City solid waste manager. 18. No outdoor storage is allowed under this approval, other than the propane tanks as proposed. A decorative metal gate consistent with Fire Department requirements to screen the propane filling area is required to be installed prior to final occupancy of the convenience store. Any request for additional outdoor storage is subject to the application requirements in place at the time of such request. 19. No outdoor repair or maintenance, including washing, cleaning, or detailing of vehicles is allowed under this permit. 17 Resolution No. PC-2016- Page 7 20. Applicant shall use "spandrel glass" for false windows to the satisfaction of the Community Development Director. 21. All windows shall be recessed from the exterior wall plane subject to the satisfaction of the Community Development Director. 22. Prior to the issuance of a Zoning Clearance for a building permit, the applicant shall submit a Developer Waste Reduction and Recycling Plan to the satisfaction of the Administrative Services Manager. 23. The convenience store and fuel sales are permitted to operate only between the hours of 5:00 a.m. and 12:00 a.m. (midnight) each day of the week. Sales of beer and wine are permitted only after 6:00 a.m. 24. 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. 25. No person under the age of eighteen (18) shall sell packaged alcoholic beverages. 26. Areas inside the establishment open to customers must be illuminated sufficiently to allow the identification of persons. 27. Closed-circuit television cameras shall provide monitoring and recording of the sales counter to show employee/customer transactions, as well as, the reach-in refrigerators and floor area. This system should have the capability to record 24 hours. This system shall be protected from access by employees and customers. 28. Any and all employees directly involved or supervising the sale/service of alcoholic beverages shall provide evidence and the business shall maintain records that employees have: a. Received training from the State of California Department of Alcoholic Beverage Control (ABC) "Leadership and Education in Alcohol and Drugs" LEAD program or other Responsible Beverage Service (RBS) program, in the form of an ABC issued certificate. 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. 29. 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. 18 Resolution No. PC-2016- Page 8 30. Applicant shall provide the Community Development Department with a copy of the ABC approval prior to sale of any alcoholic beverages. 31. The applicant or his/her designee shall be responsible to police the exterior of the business to assure that no beer or wine is consumed within the parking lot. The applicant shall not permit any loitering in the parking lot or in areas adjacent to the facility. 32. No exterior advertising of any kind or type is allowed promoting or indicating the availability of alcoholic beverages. Interior displays of beer or wine that are clearly visible to the exterior shall constitute a violation of this condition. 33. Prior to issuance of a Zoning Clearance for Occupancy, the applicant shall install an anti-graffiti coating to the building and pump island columns, and prior to installation, the applicant shall submit the proposed brand and application of the anti-graffiti coating for the review and approval of the Community Development Director. 34. All necessary permits must be obtained from the Building and Safety Division and all construction shall be in compliance with the Moorpark Building Code and all other applicable regulations. 35. 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. 36. All exterior areas of the site, including parking areas under use by the facility, must be maintained free of litter and debris at all times. 37. No increase of floor area is permitted without approval of an additional permit. -END- 19 MOORPARK,CALIFORNIA Planning Commission of n i ITEM: 10.A. ACTION: k j:pi'(.V14.d MINUTES OF THE PLANNING COMMISSION BY: Moorpa-k, California August 23, 2016 A Regular Meeting of the Planning Commission of the City of Moorpark was held on August 23, 2016, 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 7:03 p.m. 2. PLEDGE OF ALLEGIANCE: Vice Chair Landis led the Pledge of Allegiance. 3. ROLL CALL: Present: Commissioners Aquino, Groff, Hamous, Vice Chair Landis, and Chair Di Cecco. Absent: None. Staff Present: David Bobardt, Community Development Director; Joseph Fiss, Economic Development and 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: Consensus to pull Item 10.C. from the Consent Calendar for individual consideration to be heard after Item 10.B. 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. 20 Minutes of the Planning Commission Moorpark, California Page 2 August 23, 2016 8. PUBLIC HEARINGS: (next Resolution No. PC-2016-618) A. Consider Resolution Recommending to the City Council Approval of an Ordinance Amending the Development Agreement for the Vistas at Moorpark Project, Vesting Tentative Tract Map No. 5130 and Residential Planned Development Permit No. 2014-01, by Extending the Term of the Development Agreement for 110 Homes on Approximately 72 Acres, Located East of Walnut Canyon Road, West of Spring Road, and North of Wicks Road and Finding that the Previously Adopted Mitigated Negative Declaration and Addendum are Applicable. Staff Recommendation: 1) Adopt Resolution No. 2016-610. (Staff: David Bobardt) Mr. Bobardt gave the staff report. A discussion followed among the Commissioners and staff, which focused on extending the date on the Development Agreement to December 31, 2040. Chair Di Cecco .opened the Public Hearing. g There were no speakers. Chair Di Cecco closed the Public Hearing. A discussion followed among the Commissioners supporting the resolution. MOTION: Commissioner Aquino moved and Commissioner Hamous seconded a motion to approve staff recommendation, including the adoption of Resolution No. PC-2016-610. The motion carried by unanimous voice vote. The City Council has final approval authority for this item. B. Consider Resolution Recommending Approval of Zoning Ordinance Amendment No. 2016-01, an Amendment to Section 17.24.020 (Open Space, Agriculture, and Residential Zone Development Requirements) of Chapter 17.24 (Development Requirements) of Title 17 (Zoning) of the Moorpark Municipal Code to Address Lot Size Standards for Affordable Housing and Determining 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-2016-611. (Staff: David Bobardt) Mr. Bobardt gave the staff report. 21 Minutes of the Planning Commission Moorpark, California Page 3 August 23, 2016 A discussion followed among the Commissioners and staff, which focused on the recommended average lot size of the lots, depth requirement, is there an agreement that allows for smaller lot size, and correction to Stamp Page 61, "Notes" section of Table 17.24.020, Item 1. where it reads guaranteed to be affordable to very low or lower incomes, should read very low or low incomes. Chair Di Cecco opened the Public Hearing. No speakers. Chair Di Cecco closed the Public Hearing. A discussion followed among the Commissioners supporting the resolution. MOTION: Chair Di Cecco moved and Vice Chair Landis seconded a motion to approve staff recommendation, including the adoption of Resolution No. PC- 2016-611, as amended. The motion carried by unanimous voice vote. The City Council has final approval authority for this item. 9. DISCUSSION ITEMS: None. 10. CONSENT CALENDAR: MOTION: Commissioner Groff moved and Vice Chair Landis seconded a motion to approve the Consent Calendar with the exception of item 10.C., which was pulled for individual consideration. The motion carried by unanimous voice vote. A. Consider Approval of the Special Joint Meeting Minutes of April 27, 2016. Staff Recommendation: Approve the minutes. B. Consider Approval of the Regular Meeting Minutes of May 24, 2016. Staff Recommendation: Approve the minutes. The following item was pulled for individual consideration. C. Consider Finding of General Plan Consistency for the Purchase of Property at 488 McFadden Avenue by the City of Moorpark for Public Purposes. Staff Recommendation: Find the acquisition of the property at 488 McFadden Avenue in conformity with the General Plan and direct staff to report this finding to the City Council. 22 Minutes of the Planning Commission Moorpark, California Page 4 August 23, 2016 Commissioner Hamous recused himself from this item to avoid a potential conflict of interest and left the dais at 7:29 p.m. MOTION: Commissioner Groff moved and Commissioner Aquino seconded a motion to find the acquisition of the property at 488 McFadden Avenue in conformity with the General Plan and direct staff to report this finding to the City Council. The motion carried by voice vote: 4-0, Commissioner Hamous absent. Commissioner Hamous returned to the dais at 7:31p.m. 11. ADJOURNMENT: MOTION: Vice Chair Landis moved and Commissioner Aquino seconded a motion to adjourn the meeting. The motion carried by unanimous voice vote. The time was 7:32 p.m. Mark Di Cecco, Chair David A. Bobardt, Community Development Director 23 ITEM: 10.B. MOORPARK,CALIFORNIA Planning Commission of G`. 2,7. 2O J R ACTION: Apprc ved BY: ). Fir Ut?VC o. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: David A. Bobardt, Community Development Director z' DATE: September 21, 2016 (PC Meeting of 9/27/2016) SUBJECT: Consider Finding of General Plan Consistency for the Purchase of Property at 766 Los Angeles Avenue (APN: 506-0-050-515) by the City of Moorpark for Public Purposes BACKGROUND/DISCUSSION 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 City is preparing to acquire a 1.6-acre parcel on the south side of Los Angeles Avenue west of the Union 76 gas station at Leta Yancy Road for affordable housing. A location map is attached. Two of the General Plan Elements, the Land Use Element and Housing Element, have policies that address the use of the property for housing. Conformity with other General Plan Elements can only be determined once a plan for the site is further developed. Land Use Element The 1.6 acre property is designated for general commercial uses by the Land Use Element Map. In order to develop housing on the property, an amendment to the land use designation would be needed. Housing Element Goal 2 of the Housing Element of the General Plan calls for the provision of residential sites through land use, zoning, and specific plan designations to provide a range of housing opportunities. Policy 2.3 of the Housing Element calls for investigating rezoning or redesignation of commercial lots that are no longer economically viable uses to appropriate residential uses. A commercial office development previously approved on this 1.6-acre site parcel was never built due to lack of demand. The 2016 Keyser Marston Commercial Market Overview prepared for the City demonstrated that this land would not be needed for commercial uses over the next 20 years. The General Plan Amendment process, with hearings before the Planning Commission and City Council, would provide the analysis consistent with this Housing Element goal and policy. S:\Community Development\PLANNING COMMISSION\General Plan Consistency Reports\20160927 766 LA Ave GP Consistency PC Rpt.docx 24 Honorable Planning Commission September 27, 2016 Page 2 STAFF RECOMMENDATION Find the acquisition of the property at 766 Los Angeles Avenue (APN 506-0-050-515) for affordable housing to be consistent with the goals and policies of the Housing Element, but would require an amendment to the Land Use Element Map, and direct staff to report this finding to the City Council. ATTACHMENT: 1. Location Map 25 'Am 1,.;- Y to rt L CO sib.H.!_ i .1:' 1 1 ._ 1ft- I a) .. ti I N I6 - bill _ � � [ I -, jj tE a 'aa Q m Q -- (� row '+t Lo 8 ca IIIY IL! 44 ..,Y9a_.w ; cv Liu_. , - --- t r c D r 2 •r '..74:4- r . _I a 1 - IL. Ia , ,_ .. II — c - -- 441110010101.-0- CS3 • a • i 1°r� `, - c- r o .-. +lid �; �e a =`1 ter. = �• 5 • 7 c N t cI. 1 n3 t_ n j. i ,..,,. ai-et jt -, o J — t - C CD � a in 4 7 ' •,,,,,,1•7-,:c." 'I•1 N 3 4 pt i'.:3 J CD as C) ❑ CD N till II (mak+.,,,..... P Colc- E P • ti 49 L . _ L :: U7 O 13 a O `moi �'� r• 4i - g 0 o -� asia. Au Sf ��- S ,,- 71svHs „ "" Ts as if) ri3 6.1 as C13 P , i € i°. CO 1/7 v , a 1111` P 1 t ca «�y C11111 1 O T r mu' F- PC ATTACHMENT 1 26