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Home My WebLink AboutMIN 2018 1127 PC REG MINUTES OF THE PLANNING COMMISSION Moorpark, California November 27, 2018 A Regular Meeting of the Planning Commission of the City of Moorpark was held on November 27, 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 7:06 p.m. 2. PLEDGE OF ALLEGIANCE: Community Development Director David Bobardt led the Pledge of Allegiance. 3. ROLL CALL: Present: Chair Hamous, Vice Chair Aquino, Commissioner Di Cecco, Commissioner Haverstock, and Commissioner Landis. Staff Present: David Bobardt, Community Development Director, Nicholas Ghirelli, Assistant City Attorney; Joseph Fiss, Planning Manager; and Joyce Figueroa, Administrative Assistant II. 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: Mr. Fiss announced that this is Mr. Bobardt's last Planning Commission meeting. 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: On behalf of the City, Mr. Bobardt thanked the Planning Commission for their service during the 2017-2018 term. Minutes of the Planning Commission Moorpark, California Page 2 November 27, 2018 8. PUBLIC HEARINGS: (next Resolution No. PC-2018-634) A. Consider a Resolution Recommending to the City Council Re-Approval of Vesting Tentative Tract Map No. 5437 and a One-Year Extension of Residential Planned Development (RPD) Permit No. 2004-05 for 21 Homes on 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. (continued open public hearing from August 28, 2018) Staff Recommendation: 1) Continue to accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC-2018-634 recommending to the City Council conditional re-approval of Vesting Tentative Tract Map No. and a one year extension to Residential Planned Development No. 2004-05. Mr. Fiss gave the staff report. A discussion followed among the Commissioners and staff regarding: 1) Condition 41 on stamped page 4 regarding access rights exist through Tract 5045-8 (The Pinnacle) development's private streets and gates; 2) Condition 42 on stamped page 4 regarding construction management plan minimizing use of private streets, noise, and minimizing dust in Tract 5045-8; 3) Is Marine View Lane useable for construction traffic; 4) Will Construction Management Plan include scheduling of construction hours and haul routes; 5) Would recordation of easement be satisfactory to verify whether the easement provides the access that this map needs in order to guarantee that the ingress/egress work; and 6) A correction on stamped page 5, Finding B, replace "if" on the second line, with "as". Chair Hamous reopened the Public Hearing. John Newton, applicant's representative for Birdsall Group, LLC, discussed the project and stated that at the August 28, 2018 Planning Commission meeting he stated lot 11 was signed and after looking at the Easement Maintenance and Cost Sharing Agreement clarified that lot 11 was not signed. Mr. Newton provided a handout to the Commission and staff of the Access Agreement Easement Deed executed and recorded by lot 11 and explained that this is the access between lots 10 and 11. The applicant has stated to the Homeowners Association and their attorney that they believe the combination of the Easement Maintenance and Cost Sharing Agreement unrecorded, but effective and the signed Access Agreement, the combination of the easements on the access between the properties, accomplishes the easements maintenance and cost sharing between the two projects as conditioned by both projects. Mr. Newton stated that on stamped page 185, Condition No. 26 has the Minutes of the Planning Commission Moorpark, California Page 3 November 27, 2018 incorrect Tract Map Number and Development Permit Number, both not related to this project. Replace "5882" on the fifth line, with "5437" and replace "2016-01" with "2004-05". A discussion followed among the Commissioners and Mr. Newton regarding: 1) Were there portions of lot 10 that were needed for the access; and 2) When were the maps on stamped pages 10 and 11 recorded. Ellis Kaufman, President, Pinnacle at Moorpark Highlands Homeowners Association, thanked the Commission and staff for their service and deliberation on this topic and for all the work they do for the City. Mr. Kaufman stated that there has not been any discussion at any Homeowners Association meetings regarding cost sharing, and concerns regarding: 1) Construction activity; 2) Impact with vehicle traffic and number of construction workers' vehicles; and 3) Potential home buyers viewing vacant lots. John Johans, a Pinnacle resident of Moorpark, stated his concerns regarding the disruption and safety concerns of the Pinnacle residents. Mr. Johans stated there are no recorded documents of a Cost Sharing Agreement or easements granted or recorded for lots A and B. The only granted easement is on lot 11. Mr. Bobardt stated the applicant has the opportunity to address comments made. Mr. Newton stepped forward to the lectern and responded that he had no further comments. 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 regarding: 1) Outstanding unanswered legal questions on this project; 2) Construction traffic not feasible; and 3) Is there a valid easement for this project. MOTION: Commissioner Haverstock moved and Chair Hamous seconded a motion to deny staff recommendation to adopt Resolution No. PC-2018- 634, recommending to the City Council conditional re-approval of Vesting Tentative Tract Map No. and a one year extension to Residential Planned Development No. 2004-05, based on Condition No. 42 (wants a more definitive statement in terms of addressing the actual construction Minutes of the Planning Commission Moorpark, California Page4 November 27, 2018 management plan rather being developed). The motion failed by roll call vote 2-3, Commissioners Di Cecco, Landis, and Vice Chair Aquino dissenting. MOTION: Chair Hamous moved and Commissioner Haverstock seconded a motion to deny staff recommendation to adopt Resolution No. PC-2018- 634, recommending to the City Council conditional re-approval of Vesting Tentative Tract Map No. and a one year extension to Residential Planned Development No. 2004-05, based on stamped page 180, Finding E (Environmental Impact) and stamped page 180, Finding G (Reciprocal Easements). The motion passed by roll call vote 3-2, Commissioners Di Cecco and Landis dissenting. The City Council has final approval authority for this project. AT THIS POINT in the meeting, the Commission recessed. The time was 9:10 p.m. The Planning Commission meeting reconvened at 9:20 p.m. B. Consider a Resolution Recommending to the City Council Approval of General Plan Amendment No. 2013-02, Zone Change No. 2013-02, Residential Planned Development Permit No. 2013-01, and Development Agreement No. 2013-01, and Adoption of a Mitigated Negative Declaration Under CEQA in Connection Therewith, for a 390-unit Senior Community on 49.52 Acres North of Casey Road and West of Walnut Canyon Road, on the Application of Ernie Mansi for Aldersgate Investment, LLC. (continued open public hearing from September 25, 2018 and October 23, 2018) Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; 2) Recommend approval to the City Council of a Mitigated Negative Declaration; and 3) Adopt Resolution No. PC-2018-635 recommending to the City Council conditional approval of General Plan Amendment No. 2013-02, Zone Change No. 2013-02, Residential Planned Development Permit No. 2013- 01, and Development Agreement No. 2013-01. Chair Hamous and Commissioner Di Cecco announced, to avoid a potential conflict of interest, they would recuse themselves and left the dais at 9:21 p.m. Mr. Fiss gave the staff report. A discussion followed among the Commissioners and staff regarding: 1) Are the units going to be owner/occupied; 2) Ingress/egress on the site plan; 3) Elevation for noise mitigation; 4) Is there a Homeowners Association associated with the project; 5) Age minimums; 6) Consideration for a tennis court; 7) Are there opportunities for connection Minutes of the Planning Commission Moorpark, California Page 5 November 27, 2018 to North Hills Parkway; 8) Casey Road improvements; 9) Elevation setbacks; and 10) Is there going to be gated access. Vice Chair Aquino opened the Public Hearing. Vice Chair Aquino opened the public hearing. Matt Mansi, Aldersgate Investment, LLC., applicant, described the project and responded to Commission's questions. A discussion followed among the Commissioners and Mr. Mansi regarding the buying structure of the units and consideration for golf carts on the site. Ricky Delgado, a Walnut Canyon resident of Moorpark, stated his concerns regarding: 1) Natural grade taken away from his neighborhood; 2) Safety of widening Walnut Canyon Road; and 3) Safety evacuations in an emergency. Susan Delgado, a Walnut Canyon resident of Moorpark, stated her concerns regarding: 1) Safety Factor; and 2) Safety evacuations in an emergency such as a fire. Kristina Kropp, Luna & Glushon, Land Use Attorney, responded to Mr. and Mrs. Delgado's concerns. In response to Vice Chair Aquino, Mr. Bobardt stated there were no additional speaker cards or written cards for this item. Vice Chair Aquino closed the Public Hearing. A discussion followed among the Commissioners supporting the project. MOTION: Commissioner Landis moved and Commissioner Haverstock seconded a motion to approve staff recommendation, with changes as proposed by the Commission, including adoption of Resolution No. PC-2018-635. The motion carried by voice vote 3-0, Commissioner Di Cecco and Chair Hamous absent. The City Council has final approval authority for this project. Chair Hamous and Commissioner Di Cecco returned to the dais at 10:29 p.m. 9. DISCUSSION ITEMS: The Planning Commission thanked Mr. Bobardt for his years of service as Community Development Director. Minutes of the Planning Commission Moorpark, California Page 6 November 27, 2018 10. CONSENT CALENDAR: MOTION: Commissioner Haverstock moved and Commissioner Di Cecco seconded a motion to approve the Consent Calendar. The motion carried by unanimous voice vote. A. Consider Approval of the Regular Meeting Minutes of October 23, 2018. Staff Recommendation: Approve the minutes. 11. ADJOURNMENT: MOTION: Commissioner Landis moved and Commissioner Di Cecco seconded a motion to adjourn the meeting. The motion carried by unanimous voice vote. The time was 10:31 p.m. Zirlid e/:- Deb Aquino, air \ 1 L � . Joseph Fis.!4 m munity Development Director