HomeMy WebLinkAboutAGENDA REPORT 1999 0317 CC REG ITEM 10D1 - P !
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AGENDA REPORT
CITY OF MOORPARK
TO: Honorable City Council /�
FROM: Nelson Miller, Director of Community DevelopmendP"
Paul Porter, Principal Planner
DATE: March 5, 1999 (CC meeting of March 17, 1999)
SUBJECT: CONSIDER A RESOLUTION TO INITIATE A GENERAL PLAN
AMENDMENT TO CHANGE THE LAND USE ELEMENT DESIGNATION
ON 4.8 ACRES OF UNDEVELOPED LAND FROM GENERAL
COMMERCIAL (C -2) TO VERY HIGH DENSITY RESIDENTIAL (VH)
AND A ZONE CHANGE FROM COMMERCIAL PLANNED DEVELOPMENT
(CPD) TO RESIDENTIAL PLANNED DEVELOPMENT (RPD) LOCATED
ON THE WEST SIDE OF LIBERTY BELL ROAD SOUTH OF LOS
ANGLES AVENUE ADJACENT TO THE ARROYO SIMI (A PORTION
OF APN 506 -0- 050 -505) AND TO ALLOW CONCURRENT
PROCESSING OF RELATED DEVELOPMENT APPLICATIONS,
APPLICANT: PACIFIC COMMUNITIES
SUMMARY:
The property under consideration is adjacent to the east of the
proposed Pacific Communities project (Tentative Tract 5053) and
was discussed for potential inclusion with that project at the
City Council meeting of March 3, 1999, at which City Council
directed preparation of a resolution to authorize initiation of
a General Plan Amendment and Zone Change.
BACKGROUND:
At the meeting of March
potential inclusion of the 4,
Road with of the Pacific
Amendment No. 96 -1, Zone
Development Permit No 96 -1,
5053) , which is to the east
3, 1999, City Council discussed
8 acres to the west of Liberty Bell
Communities project (General Plan
Change 96 -2, Residential Planned
and Vesting Tentative Tract No.
of this property. Council directed
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()00064
Pre - Application 98 -1
March 17, 1999
Page 2
staff to prepare a resolution for initiation of a General Plan
Amendment and Zone Change for this property.
This 4.8 acre site is located contiguous to the North side of
the Arroyo on the West side of Liberty Bell Road with its
northerly boundary line located approximately 332 feet south of
Los Angeles Avenue. The proposed site will have approximately
621 feet of frontage on Liberty Bell Road with an east west
depth of approximately 284 feet. The site is currently vacant.
Property to the north includes a site under construction with a
gas station, a 4,000 square foot mini- mart, quick lube and car
wash, under Commercial Planned Development Permit No. 97 -1 and
Conditional Use Permit No. 97 -2 (Gharabaghi) located on the
corner site and a vacant portion of the subject parcel to the
west of the gas station site.
A secondary effect of this proposal would be the creation of a
parcel west of the gas station, north of subject property with
Commercial Planned Development (CPD) zoning approximately 1.7
acres in size and 215 feet of frontage on Los Angeles Avenue.
The Southeast corner of Los Angles Avenue and Liberty Bell Road
is developed with a fast food restaurant (Burger King).
The current General Plan Land Use and Zoning District
designations are shown below.
Site General Plan Zoning Land Use
North:
C -2
CPD
Gas Station /Car Wash
South
OS -2
OS
Arroyo Simi
East:
H
RPD -7U
SFR
West:
VH
RPD- 13U/5.3U
Vacant
A request for consideration of initiation of a General Plan
Amendment and Zone Change was previously filed for this property
under Pre - Application No. 98 -1 by Caneo LLC. This request was
previously scheduled for consideration by the Community
Development /Affordable Housing Committee. However, it has been
indicated that Caneo LLC has not renewed their option on this
property. Pacific Communities indicates that they now have this
property under option and are willing to pursue inclusion of
this property with their adjacent project as suggested by the Ad
Hoc Committee.
0 ®006 J
Pre - Application 98 -1
March 17, 1999
Page 3
DISCUSSION:
The resolution would be to authorize staff accept and process a
General Plan Amendment for a change in the existing land use
designation from C -2 (General Commercial) to VH (Very High
Density Residential) and a Zone Change from CPD (Commercial
Planned Development) to RPD (Residential Planned Development).
This would allow for the potential inclusion with the proposed
project contiguous to this property on the west which was
discussed at the City Council meeting on March 3, 1999.
Consistency with City Council Guidelines for screening of
General Plan Amendments
A Resolution was adopted by the City Council on March 3, 1999
sets forth the criteria to be considered for approval for
processing a General Plan Amendment. The following criteria may
be used to support this request for an Amendment to the Land Use
Element of the General Plan.
1. The proposed amendment request is consistent with or has a
potential conformity with the adopted goals, policies and
implementation strategies of the adopted General Plan.
2. The proposed amendment request is compatible with, or has a
potential for compatibility with existing and planned
uses in the area.
3. The proposed amendment request has the potential for
conformity with other City Council adopted policies.
4. The proposed amendment request has the potential to
provide, through the project approval process, public
improvements, public services, public amenities, and /or
financial contributions that the City Council determines to
be of substantial public benefit to the community.
5. Requests which facilitate a significant contribution to the
provision of affordable housing.
The proposed site may be appropriate for very high density uses
as it is close to shopping and public recreation facilities
(Arroyo Vista Park) and is in the vicinity of other high density
residential uses to the East and West of the site. The site is
bordered by the flood control channel on the South, and high
000066
Pre - Application 98 -1
March 17, 1999
Page 4
density residential development to the East with commercial to
the North.
The proposed General Plan Amendment is also consistent with, or
has a potential for consistency with the City's Housing Element
of the General Plan, including applicable goals and policies
for low and moderate income housing. This proposal would also
be consistent with Goal No. 3 of the Housing Element which is to
review land use and zoning designations to ensure compatibility
with current development patterns and to encourage the provision
of affordable residential units by approving a General Plan
Amendment and Zone Change. In addition, identifying additional
land within the City Redevelopment area for development of
housing will assist in achieving the City's goal of development
of low and very low income residential units.
Remaining Commercially Zoned property Within the City
Including the proposed site, the City has approximately 121
acres of remaining undeveloped commercially zoned property.
This does not include the 73 acres of Sub - Regional
Retail /Commercial/ Business Park property located within the
Carlsberg Specific Planning Area; which is located at the
Southwest corner of New Los Angeles Avenue and the State Highway
23. Although the Carlsberg project identifies the opportunity
for 73 acres of commercial, forty acres is proposed for
commercial unless a single user occupies the entire 73 acres.
The development of the gas station, full service car wash and
mini mart at the corner of Liberty Bell Road and Los Angeles
Avenue, will further limit the potential of this adjacent 1.7
acres if the subject property is divided away and changed to a
residential use. However, provision for vehicular access
between this limited commercial site (1.6 acres) and the future
gas station was required. The noise factor from the gas station
may require additional design criteria for any nearby
residential development, such as, increased setbacks, building
insulation, sound barriers, etc.
A change in designation of this property would delete 4.8 acres
of commercially designated property. This would leave about 1.7
acres of commercially zoned property, with frontage on Los
Angeles Avenue, adjacent to the gas station under construction.
(JO0067
Pre - Application 98 -1
March 17, 1999
Page 5
The 4.8 acres proposed for redesignation and the 1.7 acres are
currently one parcel 6.5 acre parcel. A reduction in size of
this parcel will limit some of the potential uses for the
remaining 1.7 acre parcel. However, the redesignation would
extend a similar density as exists to the east in the Villa
Campesina project and to the west with the proposed Pacific
Communities project. The boundary between the commercial and
residential areas would be approximately fifty feet to the north
of the centerline line of Unidos Avenue.
Limitations on Amendments to the General Plan
The City Attorney has indicated that in order for General Plan
Amendments to be consolidated and considered as one amendment
that they must be considered concurrently in a public hearing
before both the Planning Commission and the City Council.
Otherwise, in terms of the limitation that any Element of the
General Plan may only be amended four times per year, they would
be considered separate amendments, even if City Council
considered them simultaneously, but Planning Commission did not.
There are already two other General Plan Amendments pending City
Council action. These are related to Specific Plan No 2
(Morrison - Fountainwood - Augora) and General Plan Amendment No.
97 -3, Zone Change No. 97 -7, and Residential Planned Development
Permit No. 97 -1 (Archstone Communities) for a proposed apartment
project. With separate hearings on the two parts of the Pacific
Communities proposal, this would complete the four times per
year the Land Use Element could be amended. To preserve the
opportunity to amend the Land Use Element for other pending
proposals, it is suggested that City Council may wish to
reconsider the continuation of the previously filed General Plan
Amendment request and refer it back to the Planning Commission
for reconsideration and public hearing along with this
additional 4.8 acres. Therefore this would only be considered
as one amendment to the General Plan. It is possible that other
General Plan Amendments could be considered simultaneously with
this and therefore consolidated as one amendment to the General
Plan. This would then leave one more time the General Plan Land
Use Element could be amended this year. Attachment 5 is a list
of the Pending and potential general Plan Amendments which may
be affected by such limitations.
000()(38
Pre - Application 98 -1
March 17, 1999
Page 6
Concurrent Processing
As a result of concerns about permit streamlining requirements,
the City has established the policy that applications shall not
be deemed complete, and therefore not processed, until they are
consistent with the provisions of the General plan and Zoning.
Therefore, the processing of the Tentative Tract and Residential
Planned Development Permit applications would not commence until
the General Plan Amendment and Zone Change has been approved.
The Council had indicated a desire to expedite the processing of
these applications and could allow concurrent processing of
these applications, but still not consider the Tentative Tract
and Residential Planned Development Permit applications to be
complete until the General Plan Amendment and Zone Change has
been approved. This would allow Council, Planning Commission,
and staff to review the actual development being proposed.
RECOMMENDATION:
Adopt the attached Resolution authorizing the applicant to
initiate and staff to accept an application for a General Plan
Amendment and Zone Change and concurrently process Tentative
Tract and Residential Planned Development Permit applications.
Attachments:
1. Draft Resolution
2. General Plan Map
3. Zoning Map
4. Assessors Map
5. General Plan Amendments Status
U ®UU�9
RESOLUTION NO. 99-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, TO INITIATE A GENERAL PLAN
AMENDMENT TO CHANGE THE LAND USE ELEMENT
DESIGNATION ON 4.8 ACRES OF UNDEVELOPED LAND FROM
GENERAL COMMERCIAL (C -2) TO VERY HIGH DENSITY
RESIDENTIAL (VH) AND A ZONE CHANGE FROM COMMERCIAL
PLANNED DEVELOPMENT (CPD)TO RESIDENTIAL PLANNED
DEVELOPMENT (RPD) LOCATED ON THE WEST SIDE OF
LIBERTY BELL ROAD SOUTH OF LOS ANGLES AVENUE
ADJACENT TO THE ARROYO SIMI (A PORTION OF APN 506-
0- 050 -505) AND TO ALLOW CONCURRENT PROCESSING OF
RELATED DEVELOPMENT APPLICATIONS, APPLICANT:
PACIFIC COMMUNITIES
WHEREAS, on March 3, 1999, the City Council directed
preparation of a Resolution for initiation of a General Plan
Amendment and Zone Change for 4.8 acres located on the west side of
Liberty Bell Road adjacent to the Arroyo Simi; and
WHEREAS, Municipal Code Section 17.60.020 provides for
initiation of changes to the zoning or land use classifications of
any property by adoption of a Resolution of intention by the City
Council; and
WHEREAS, on March 3, 1999, the City Council established a
General Plan Amendment Pre - screening Procedure which set forth
criteria to be used by the City Council in making a determination
regarding pre- screening review of General Plan Amendments; and
WHEREAS, at its meeting of March 17, 1999, the City Council
after review and consideration of the information contained in the
staff report reached a decision on this matter.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council does hereby authorize the
applicant to initiate and staff to accept and process applications
for a General Plan Amendment and Zone Change, to change the land
use designations from Commercial to Very High Density Residential.
SECTION 2. The City Council also does hereby authorize the
applicant to initiate and staff to accept and concurrently process
ATTACHMENT 1
;()001 0
Resolution No. 99-
Pacific Communities
March 17, 1999
Page 2
applications for a Tentative Tract Map and Residential Planned
Development Permit, with the provision that the Tentative Tract Map
and Residential Planned Development Permit shall not be considered
complete until the General Plan Amendment and Zone Change have been
approved.
SECTION 3. That the applicant pay for all City costs for
processing a General Plan Amendment, Zone Change and any subsequent
applications.
SECTION 4. The City Clerk shall certify to the adoption of
this Resolution and shall cause a certified Resolution to be filed
in the book of original Resolutions.
PASSED AND ADOPTED THIS 17 DAY OF MARCH, 1999.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt
City Clerk
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PREVIOUS BK. 517, PG. 05
GENERAL PLAN AMENDMENT STATUS
State Planning Law permits amendment of each element of the
General Plan not more than four (4)times per year. Following is
a list of pending and potential General Plan Amendments.
Pending City Council Review:
1. GPA 95- 2 /SP -2, Morrison - Fountainwood- Agoura, to reflect
Specific Plan modifications.
2. GPA 96 -01 /ZC 96 -2 /RPD 96 -4, Pacific Communities, Request
for Very High Density Residential.
3. GPA 97 -03 /ZC 97 -7 /RPD 97 -1, Archstone (Security Capital
Pacific Trust), Request for General Commercial to Very High
Density Residential.
4. Pre - application 98 -01 /(Related to TT- 5053), Pacific
Communities, Request for General Commercial to High Density
Residential.
Pending Planning Commission Review:
1. GPA /ZC /TT 5160 /RPD, Cabrillo (Gisler Field site), to
reflect approved density.
2. GPA 98 -01 /RPD 98 -02 /TR 5130 /DA 98 -03, SunCal, Request for
Specific Plan to Rural Low Density.
3. GPA 99 -02 /ZC 99 -01 /RPD 99 -02 /TT 5187, West Pointe Homes,
Request for Rural Low to Rural High.
4. GPA 93- 02 /SP -1, Hitch Ranch, to reflect Specific Plan
modifications.
5. GPA /TT /RPD, Kauffman & Broad, Request for Very High Density
Residential
Pending Community Development /Affordable Housing Committee
Review
1. Pre - application 98 -02, Michael Sanders, Request for Rural
Low to Medium Low Density.
2. Pre - application 98 -05, Anderson & Sanders, Request for
Rural Low to Medium Low Density.
3. Pre - application 99 -02, Bugle- Boy(Triliad), Request for
Commercial Planned Development to Limited Industrial(M -2).
4. GPA 99 -01, City of Moorpark Annexation area to establish
land use designation for former Specific Plan No. 8 area.
ATTACHMENT 5
6060
GPA Status
Page 2
Other Potential Requests
1. General Plan Zoning Consistency actions. Apparently, as a
result of changes in definitions and designations during
the Land Use Element Update, there are a number of areas in
the community where the General Plan Land Use and Zoning
designations are not consistent, and the General Plan does
not reflect existing land uses.
2. Tentative Tract 4928 (Toll /Bollinger) . Request for Land Use
Element text changes pursuant to Development Agreement.
3. Specific Plan 9 area (Moorpark Unified School District).
Potential General Plan Amendment to increase density on the
old high school site.
4. Burnett property adjacent to the Kauffman and Broad site.
Potential request for change from Commercial to Very High
Density Residential to match Kauffman and Broad proposal.
000076
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