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HomeMy WebLinkAboutMIN 2018 0828 PC REG MINUTES OF THE PLANNING COMMISSION Moorpark, California August 28, 2018 A Regular Meeting of the Planning Commission of the City of Moorpark was held on August 28, 2018, in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Chair Hamous called the meeting to order at 7:09 p.m. 2. PLEDGE OF ALLEGIANCE: David Bobardt, Community Development Director, led the Pledge of Allegiance. 3. ROLL CALL: Present: Chair Hamous, Vice Chair Aquino, Commissioner Di Cecco, and Commissioner Landis. Absent: Commissioner Haverstock. Staff Present: David Bobardt, Community Development Director; Brian Chong, Assistant to the City Manager; 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: CONSENSUS: It was the unanimous consensus to hear Public Hearing Item 8.B. prior to Item 8.A. upon the request of Chair Hamous. 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON MEETINGS/CONFERENCES ATTENDED BY THE COMMISSION: None. Minutes of the Planning Commission Moorpark, California Page 2 August 28, 2018 AT THIS POINT in the meeting Item 8.B. was heard. 8. PUBLIC HEARINGS: (next Resolution No. PC-2018-630) B. Consider a Resolution Recommending Approval to the City Council of Vesting Tentative Tract Map No. 5437 and a One-Year Extension of Residential Planned Development 2004-05 for 21 Residential Lots and 1 Open Space Lot on Approximately 42.4 Acres on the East Side of Walnut Canyon Road at Championship Drive, on the Application of Birdsall Group, LLC. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC-2018- recommending to the City Council conditional approval of Vesting Tentative Tract Map No. and a one year extension to Residential Planned Development 2004-05. (Staff: Joseph Fiss) Mr. Fiss gave the staff report. A discussion followed among the Commission and staff, which focused on: 1) Emergency gate shall be used for left turn lane egress; and 2) construction traffic. Chair Hamous opened the Public Hearing. John Newton, applicant's representative for Birdsall Group, LLC, discussed the project and stated this is a renewal of what was originally approved in the past, there are no changes proposed and creating the extensions and renewals under the Development Agreement are so that the entitlements continue to be active. Mr. Newton responded to Commission questions concerning: 1) egress safety issues; and 2) construction access. Mr. Newton stated the fire department is requiring a full second access to improve Marine View Drive as some additional standards such as the automatic gate. It is not to be used unless it is emergency-secondary. The condition indicates that the gating system and requirements for full second access are to be approved by the fire department. The City has asked and the applicant has agreed to have construction access using Marine View Drive and they do not intend to impact the Pinnacle neighborhood with the construction activity. A discussion followed among the Commission and Mr. Newton regarding: 1) Did Pinnacle residents have notice of the density; 2) What year was the change to higher density for the 21 homes approved; 3) What year did Pinnacle take over the project; 4) Safety issues regarding egress and construction traffic; 5) When will construction begin; and 6) Will lot sizes and range of square-footage of homes be compatible with the Pinnacle homes. Minutes of the Planning Commission Moorpark, California Page 3 August 28, 2018 Ellis Kaufman, President, Pinnacle at Moorpark Highlands Home Owners Association, spoke in opposition of the project and concerns regarding: 1) Negative impact with vehicle traffic and number of construction workers' vehicles; 2) Years of construction activity; 3) Potential home buyers viewing vacant lots; and 4) Earth moving, lot preparation and infrastructure of a new community. A discussion followed among the Commission and Mr. Kaufman regarding: whether he received notification of the subdivision of the 21 homes when he purchased his property. Mr. Kaufman stated he was given notification and has documentation regarding the subdivision of the 21 homes. Mr. Kaufman also stated that he has not been contacted by any developer or been informed about the easement for Lot 11 and the Home Owners Association attorney found that the easement was never recorded and is not legal. In response to Commissioner Landis, Mr. Fiss stated the easement was recorded approximately two to three weeks ago and have received confirmation. The easement has been on the map and was part of the Development Agreement and the agreement with the previous developer, with Pardee Homes. The actual recorded document occurred a few weeks ago. Mr. Bobardt stated that the easement is on the original map for the Moorpark Highlands project. It should have been recorded earlier and worked out with the property owners when Pardee Homes still owned the property. Pardee Homes passed it on to Toll Brothers and Toll Brothers sold the house that has the easement without having the easement on that property so they had to buy that easement back from the property owner in order to fulfill the condition on their project. The original Moorpark Highlands project had a condition to provide the access easement to the property before the property was subdivided the easement was required. The aerial photograph displays an undeveloped dirt strip that is reserved for access and was included on the Pinnacle maps. The easement recordation of it did not occur. John Johans, Pinnacle Resident, spoke in opposition of the project and concerns regarding sharing a single-gated entrance off of Ridgecrest Drive. Mr. Johans stated Toll Brothers sales material did not show an easement in the Toll Brothers sales documentation and lot maps of the area. To date no cost sharing agreement for the Pinnacles private gates and streets have been discussed, agreed to and recorded. Leon S. Gottlich, Pinnacle Resident, spoke in opposition of the project. Minutes of the Planning Commission Moorpark, California Page 4 August 28, 2018 Mr. Newton stepped forward to the lectern and responded to concerns that were raised and stated the cost sharing and easement agreement is completed and signed by the existing property owner and Toll Brothers representatives. The Cost Sharing Agreement ran with the land and is still in existence. Toll Brothers was the majority of the Home Owners Association when the project was new. The maps were recorded before Birdsall Group, LLC and they contain the strip access on them. Before Birdsall was able to get the easement straightened out while they were concentrating on the cost sharing easement agreement the second easement property was sold and the owner was not receptive to granting an easement. Both cost sharing agreement and easement agreement are required by conditions on this project and the Pinnacle project. Mr. Bobardt stated that the Moorpark Highlands project was conditioned to provide access to this property. The final map that was recorded showed that as a future easement to be recorded by separate instrument. The Commission inquired if there is an access easement from lot 11 through the development and discussed concerns that were raised regarding construction traffic and potential buyer's traffic. Mr. Bobardt stated that Tract Map 5437 had a requirement on it that they work out a maintenance agreement for the access. There was a requirement for an agreement to be worked out to cover the additional impacts of the road. Staff can work with the applicant to minimize construction and grading. Mr. Ellis Kaufman stepped forward to the lectern and addressed Mr. Newton stating there is no recorded easement in place for access through the gates and come up Elk Run in order to get to Lot 11. Pat Jacobs, Pinnacle Resident, spoke in opposition of the project and concerns regarding vehicle traffic safety into the 21 lots, and across the horse trails. Russ Stromberg, Pinnacle Resident, spoke in opposition of the project and concerns regarding years of construction, number of vehicles, traffic safety, and that an easement has not been recorded. Mr. Bobardt summarized one Written Statement Card from Claudia Stromberg, Pinnacle resident, stating she was in opposition of the project due to construction traffic that would require the gates to be open. In response to Chair Hamous, Mr. Bobardt stated there were no additional speaker cards or written cards for this item. Chair Hamous closed the public hearing. Minutes of the Planning Commission Moorpark, California Page 5 August 28, 2018 A discussion followed among the Commissioners regarding: 1) Initial access off of Walnut Canyon; 2) Access agreements that go through the subdivision; 3) Easement being recorded two weeks ago; 4) Potential sales traffic through the private road; and 5) Ingress/Egress safety; 6) Would like the applicant to meet with the Home Owners Associations to build a consensus and discuss the concerns that were addressed; and 7) Clarification regarding maintenance vs. access rights, construction traffic, and improvement plans. Mr. Bobardt stated that there is a time limit for making a decision on this item under the permit streamlining act. If the applicant agrees to a 90-day extension, Mr. Bobardt recommends this item be continued to the November 27, 2018 Planning Commission meeting. At the request of Chair Hamous, Mr. Newton stepped forward to the lectern and agreed to the 90-day extension. MOTION: Commissioner Landis moved and Commissioner Di Cecco seconded a motion to continue this item with the public hearing open to the regular meeting of November 27, 2018. The motion carried by voice vote 4-0, Commissioner Haverstock absent. The City Council has final approval authority for this project. A. Consider Resolution Recommending to the City Council Approval of Tentative Parcel Map No. 2018-01 to subdivide a 1.62 acre lot into four parcels at 78 Wicks Road and Making a Determination of Exemption Under CEQA in Connection Therewith, on the Application of Robert Inthout. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC- 2018-630 recommending to the City Council conditional approval of Tentative Parcel Map No. 2018-01. (Staff: Joseph Fiss) Mr. Fiss gave the staff report. A discussion followed among the Commission and staff, which focused on: 1) Drainage between parcels B, C, and D; 2) Removing property line between Parcel D and remainder parcel; 3) Requirement for a retainer on the wall/slope to support the curb, gutter, and sidewalk; and 4) Storm water drains in sidewalk. Chair Hamous opened the public hearing. Robert Inthout, applicant, responded to Commission questions concerning 1) Parcel D; 2) Remainder lot; 3) Drainage; and stated his ultimate goal is to move forward with the other lots. Minutes of the Planning Commission Moorpark, California Page 6 August 28, 2018 In response to Chair Hamous, Mr. Bobardt stated there were no additional speaker cards or written cards for this item. Chair Hamous closed the public hearing. A discussion followed among the Commissioners supporting the project. MOTION: Commissioner Di Cecco moved and Commissioner Landis seconded a motion to approve staff recommendation, including adoption of Resolution No. PC-2018-630. The motion carried by voice vote 4-0, Commissioner Haverstock absent. The City Council has final approval authority for this project. C. Consider Resolution Recommending Approval of Zoning Ordinance Amendment No. 2018-04, an Amendment to Chapters 17.20 (Uses by Zone) and 17.28 (Standards for Specific Uses), of the Moorpark Municipal Code Addressing Temporary Filming, and Recommending Approval of New Rules and Regulations for Temporary Filming, 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-2018-631 recommending to the City Council the adoption of Zoning Ordinance Amendment No. 2018-04 and recommending approval of the Rules and Regulations for Temporary Filming. (Staff: Joseph Fiss and Brian Chong) Mr. Chong gave the staff report. A discussion followed among the Commission who agreed that this will be a great addition for the City. Chair Hamous opened the public hearing. There were no speakers. Chair Hamous closed the public hearing. A discussion followed among the Commissioners supporting the project. MOTION: Commissioner Landis moved and Chair Hamous seconded a motion to approve staff recommendation, including adoption of Resolution No. PC-2018- 631. The motion carried by voice vote 4-0, Commissioner Haverstock absent. The City Council has final approval authority for this project. Minutes of the Planning Commission Moorpark, California Page 7 August 28, 2018 9. DISCUSSION ITEMS: None. 10. CONSENT CALENDAR: MOTION: Vice Chair Aquino moved and Commissioner Di Cecco seconded a motion to approve staff recommendation. The motion carried by voice vote 3-0, Commissioner Landis abstained, and Commissioner Haverstock absent. A. Consider Approval of the Regular Meeting Minutes of July 24, 2018. Staff Recommendation: Approve the minutes. 11. ADJOURNMENT: MOTION: Commissioner Landis moved and Chair Hamous seconded a motion to adjourn the meeting. The motion carried by voice vote 4-0, Commissioner Haverstock absent. The time was 9:12 p.m. A(Va4-14.. truce Hamous, Chair /74( -1//cff David A. Bobardt, Community Development Director