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HomeMy WebLinkAboutMIN 1983 0719 CC ADJCity of Moorpark, California July 19, 1983 Pursuant to adjournment of the Regular Meeting of July 6, 1983, an Adjourned Regular Meeting of the City Council of the City of Moorpark, California, was called to order at 6:43 p.m., Tuesday, July 19, 1983, in the Council Chamber of the City Hall, 799 Moorpark Avenue, Moorpark, California, Mayor Leta Yancy- Sutton presiding. I. CALL TO ORDER PRESENT: Councilmembers Harper, Prieto, Stimughan and Mayor Yancy- Sutton; ABSENT: Councilmember Beaulieu. Other City officials and employees present: Niall Fritz, City Manager /Director of Community Development; Kathy Stone, Attorney at Law, representing Mark C. Allen Jr., of the law firm of Burke, Williams and Sorensen; Doris D. Bankus, Acting City Clerk. II. PLEDGE OF ALLEGIANCE Councilmember Jerry Straughan led the Pledge of Allegiance to the U.S. Flag. III. REVIEW OF RESIDENTIAL PLANNED DEVELOPMENT PROJECTS: Niall Fritz, City Manager /Director of Community Development, gave an over -view of the residential planned development projects to be reviewed by the Council pursuant to the provisions of Ordinance No. 4, and summarized the review and concerns expressed by the Planning Commission at its review of said residential planned development projects on July 18, 1983. The Mayor then outlined the procedure to be followed for the review of the projects and prior to commencing the review, announced receipt of communications concerning the subject matter, as follows: 1. Moorpark Community Alliance dated July 17, 1983, signed by Bob Crockford, Chairman 2. Moorpark Chamber of Commerce, dated July 19, 1983, signed by Riley Spencer, Jr., President 3. Robert E. Kamerik, 14604 Hartford Street, Moorpark, dated July 14, 1983 -1- 4. Varsity Park Patio Homes Homeowners Association, dated July 16, 1983; 5. Varsity Park Villas Homeowners Association, dated July 15, 1983; 6. Varsity Park Homeowners Association, dated July 18, 1983. By general consent all of the above - listed communications were ordered received and made a part of the record. The Council then proceeded with the scheduled review as follows: (1) Entitlement: PD- 859/TR -3096 Applicant: Marlborough Location: Moorpark Road /Peach Hill Hearing opened by general consent and detailed overview of the project given by Scott Ellison, of County Planning Department, who responded to general questions from members of the Council. The City Manager stated that the Planning Commission had expressed no specific concerns in regard to the subject project. The following person spoke briefly in support of the project: Paul N. Burnes, 2029 Century Park E.; Suite 1550 Los Angeles, CA 90067, representing the applicant, Marlborough Development Corp. There being no further testimony regarding this specific Residential Planned Development, the hearing was closed by general consent. It was moved by Councilmember Straughan and seconded by Council- member Harper that the City Attorney be instructed to prepare a resolution approving the subject project. Mayor Yancy- Sutton stated that she approved of the motion, but suggested an amendment to require the applicant to dedicate the proposed park and to enter into an agreement to cover mainten- ance of the park, as specified in Condition No. 11 of the Conditions heretofore approved by the County. Councilmember Straughan, with the consent of Councilmember Harper moved to amend his motion accordingly, and said amended motion carried unanimously. (2) Entitlement: PD- 781/2451 Applicant: Barrett Location: Peach Hill -2- Hearing opened by general consent and detailed overview of the project given by Randy Richardson, of County Planning Department, who responded to general questions from members of the Council, particularly stablization of slopes and seismic disclosure to buyers within the project. The following persons spoke in support of the project: Jim Meier, 23632 Calabasas Road, Calabasas, CA. Thomas Wolfington, 950 Hampshire Road, Suite 119 Westlake Village, CA 91361 There being no further testimony regarding said Residential Planned Development, the hearing was closed by general consent. Moved by Councilmember Straughan, seconded by Councilmember Prieto and unanimously carried that the City Attorney be instructed to prepare a resolution approving the subject project. The Mayor declared a recess, the time being 7:45 p.m. Meeting reconvened at 8:10 p.m., with all members of the Council present with the exception of Councilmember Beaulieu. The Mayor announced that at this time Council would hear testimony from members of the audience who wished to speak generally on the subject of Ordinance No. 4 and not on any specific project. The following citizens addressed Council: Tom Baldwin, 6475 Pepperdine Circle, Moorpark 93021 representing Moorpark Community Alliance; outlined items of concern as expressed in communication dated July 17, 1983 and received and filed earlier in this meeting. Vicki Hale, 4292 Granadilla, Moorpark, spoke in opposition to Ordinance No. 4 Darrel Sneed, 33 High Street, "G ", Moorpark, spoke in opposition to Ordinance No. 4. (3) Entitlement: PD- 918/TR3274 (Planned Community #3) PD- 969/TR3855 (Planned Development #3) PD- 970/TR3864 (Planned Community #3) Applicant: Urban West Communities Location: Peach Hill Hearing opened by general consent and detailed overview of the projects given by Randy Richardson, of County Planning Department, who responded to general questions from members of the Council and discussion regarding location of proposed parksites, provision for elementary and high school sites, provision for fire station, interior fencing within project, the possibility of establishment of an assessment district for maintenance of the parks, landscaping -3- within the project, median strips, solar stub -outs, Class I bicycle path, entry statements and improvement of Tierra Rejada Road. The applicant, Urban McLellan, of 3030 South Bundy Drive, Los Angeles, California, addressed Council in support of the projects. The City Manager /Director of Community Development, stated that the Planning Commission had expressed only one matter of concern, and that was regarding rescheduling to an earlier date the construction of the fire station. Bob Holloway, of the County Fire Department, was present and answered questions from members of the Council regarding the scheduling of the construction of the proposed fire station, as well as the status of the proposed County roof tax Ordinance. There being no further testimony regarding subject projects, the hearing was closed by general consent. Moved by Councilmember Harper and seconded by Councilmember Straughan that the City Manager and County staff meet with the developer, address the issues raised at this hearing, and report back to the Council with mutually agreeable conditions. It was then moved by Councilmember Straughan that Robert's Rules of Order be suspended to permit the applicant to speak at this time, which motion was lost for want of a second. Mayor Yancy- Sutton then stated that there was a motion on the floor, with a second being the previous question, and requested a roll call vote. Motion failed to carry by the following vote: AYES: Councilmembers Harper and Straughan; NOES: Councilmember Prieto and Mayor Yancy- Sutton; ABSENT: Councilmember Beaulieu. After discussion it was moved by Councilmember Harper and seconded by Councilmember Straughan that the City Manager/ Director of Community Development work with the County staff and enter into negotiation with the applicant on the issues raised at this hearing, and arrive at an agreeable solution. Motion failed to carry by the following roll call vote: AYES : NOES : ABSENT: Councilmembers Councilmembers Sutton; Councilmember -4- Harper and Straughan; Prieto and Mayor Yancy- Beaulieu. The applicant, Urban McLellan requested and received permission to address Council again and suggested that the three RPD's be approved and that staff be directed to negotiate with the developer to work out an agreeable solution to the items of concern raised at this hearing, inasmuch as they are related to the planned community in general, and not the specific RPD's, and upon questioning, stated that there is no problem concerning the school sites, for example, that it is just a matter of location within the planned community. Councilmember Harper suggested that his motion might have been misunderstood, that all he was doing was requesting staff to negotiate with the developer to fine -tune some of the conditions. The Mayor then stated that since only four Councilmembers were present at this meeting, it might be well to place the matter on the agenda for the next meeting, which would be the following evening, July 20, 1983. It was moved by Councilmember Harper, seconded by Councilmember Prieto and unanimously carried to continue the matter to the next meeting of the Council, to be held July 20, 1983, at 7:00 p.m. At this time the Mayor declared a recess, the time being 9:45 p.m. The meeting was reconvened at 10:05 p.m.; all members of the Council present with the exception of Councilmember Beaulieu. (6) Entitlement: PD -903 Applicant: Griffin Homes Location: Campus Park By general consent this item was continued to the next meeting of the Council, July 20, 1983, at 7:00 p.m. (7) Entitlement: PD -965 Applicant: Mormon Church Location: Campus Park Moved by Councilmember Harper, seconded by Councilmember Straughan and unanimously carried that the subject matter be Continued to July 20, 1983, at 7:00 p.m. in order to arrange for review of landscape plans for the project. (8) Entitlement: PD- 963/TR -3841 Applicant: Griffin Homes Location: Los Angeles Avenue Councilmember Straughan stated that he would not participate in the subject review, because of a possible conflict of interest, and he left the Council bench. -5- Hearing opened and overview given by Scott Ellison, of County Planning Department. Discussion was had regarding density bonus under Roos Law, parking problems, carports and enforce - ment of CC&R's regarding their use, lack of open space in the project, and the public park to be developed in the project. The City Manager /Director of Community Development gave a review of Planning Commission concerns regarding the project, stating that the main issue was the maintenance of the public park in the project. The following persons spoke regarding the Project: Rick Niec, 19436 Ventura Boulevard, Tarzana, California representing Griffin Homes, the applicant Gerry Goldstein, 11932 Los Angeles Avenue, Moorpark. Mr. Goldstein made complaints about the traffic allegedly generated by the contractor in developing the project, which is located in close proximity to his property. Mr. Niec participated in discussion with members of the Council, particularly concerning possibility of changing the design of the project. He displayed slides of a similar project which had been developed in a different community. It was moved by Councilmember Prieto that PD -963 be approved as pre- conditioned by the County, which motion was lost for lack of a second. It was then moved by Councilmember Harper, seconded by Council - member Prieto and unanimously carried that the matter be con- tinued to the next meeting of the Council, to be held July 20, 1983, at 7:00 p.m. At this time the Mayor declared a recess, the time being 11:00 p.m. Meeting reconvened at 11 :15 p.m.; all members of the Council present, with the exception of Councilmember Beaulieu. (9) Entitlement: PD- 851 /TR -2865 Applicant: Pardee and Pacifica Location: Peach Hill Hearing was opened and overview given by Randall Richardson, of County Planning, followed by review of Planning Commission concerns outlined by the City Manager /Director of Community Development, as follows: traffic in and out of the Peach Hill area, lack of fencing, height of slopes, roofing materials, and creation of a homeowners association. He also explained that although the project had been filed as a single ownership, there are now two owners and it is the desire of the owners that the project be split for separate development. Discussion was had between Councilmembers and staff concerning the following matters: development on steep hillsides; flag lots; lots below grade level of Tierra Rejada Road; homeowners association for maintenance of slopes and median strips; park development; bike trails along Tierra Rejada Road; energy efficiency standards; solar stub -outs; double - glazed glass; solar offered as option with additional cost to buyer; under - grounding of utilities; question re seismic safety, since some of the lots in the project are directly over a known earthquake fault; type of fencing in project; type of wall around the development; type of roofing and whether or not shake roofing would be permitted in project; amount of fill; filing and approval of landscape plan for development. The following persons addressed Council in support of the project and in support of the split: Stanley E. Cohen, 500 Esplanade Drive, Oxnard, Attorney for the applicant, Pacifica Charles Birke, 1801 Arenna of Stars, Los Angeles, of Pardee Construction Co. Kenneth W. Agid, 18952 MacArthur Boulevard, Irvine, CA of The Marketing Department Arthur C. Danielian, 3848 Campus Drive, Newport Beach, CA of Danielian Assoc., Architects /Planners gave slide presentation of floor plans etc. John Coreenwood, 32302 Camino Capistrano, San Juan Capistrano of Correenwood Assoc., Inc., Landscape Architects, described landscaping plan of the project. The following citizen spoke in opposition to the project; Wally Todd, 4240 Tecolote Court, Moorpark representing Countryside Homeowners Association Mr. Cohen, speaking on behalf of willingness to negotiate, and it Harper, seconded by Councilmembe� carried that staff be instructed and negotiate and to report back meeting of August 3, 1983. the applicant, indicated a was moved by Councilmember r Straughan and unanimously to meet with the applicant to the City Council at its There being no further business to come before the Council, the meeting was adjourned by general consent, the time being 1:00 a.m. Respectfully Submitted APPROVED: L' DORIS D. BANKUS M o City Clerk -7-