HomeMy WebLinkAboutMIN 1994 0126 CC SPC 6:39 PMMINUTES OF THE CITY COUNCIL
Moorpark, California January 26, 1994
A Special Meeting of the City Council of the City of Moorpark was
held on January 26, 1994 in the Council Chambers of said City
located at 799 Moorpark Avenue, Moorpark, California.
1. CALL TO ORDER:
Mayor Lawrason reconvened the meeting at 6:39 p.m.
2. ROLL CALL:
Absent:
Staff Present:
CLOSED SESSION:
Councilmembers Hunter,
Wozniak and Mayor Lawrason.
Councilmember Perez
Montgomery,
Steven Kueny, City Manager; Cheryl Kane,
City Attorney; Richard Hare, Deputy City
Manager
MOTION: Councilmember Montgomery moved and Councilmember
Hunter seconded a motion to go into Closed Session. The
motion carried by 4 -0 voice vote, Councilmember Perez absent
for the vote.
Councilmember Perez joined the Closed Session at 6:43 p.m.
The Council recessed from Closed Session at 7:10 p.m. Mr.
Kueny stated there was no action to report out of Closed
Session and only items 14.I. and J. had been discussed.
Mayor Lawrason reconvened the City Council meeting into Open
Session at 7 :25 p.m.
All Councilmembers were present.
Staff Present: Steven Kueny, City Manager; Cheryl Kane,
City Attorney; Jim Aguilera, Director of
Community Development; Dirk Lovett,
Assistant City Engineer; Charles Abbott,
City Engineer; Paul Porter, Senior
Planner; Eric Sakowitz, Impact Sciences
Corporation; and Dorothy Vandaveer,
Deputy City Clerk
Minutes of the City Council
Moorpark, California Page r
3. PUBLIC HEARINGS:
January 26, 1994
A. Public Hearing of Eminent Domain Proceedings for
Acquisition of Certain Vacant Property Known as the
Borick Property Located at the East End of Fitch Avenue
Consisting of the Southerly 4.15 Acres of Assessor's
Parcel No. 512 -0- 150 -515, Within the city of Moorpark.
Staff Recommendation: Subsequent to the acceptance of
comments received at the public hearing and a review of
all relevant facts, the City council adopt the Resolution
of Necessity to initiate eminent domain proceedings
against the property known as the Borick property.
(Continued Item 9.B. from 1/19/94) (Public Hearing is
closed.)
Mr. Kueny gave the staff report.
MOTION: Councilmember Montgomery moved and Councilmember
Perez seconded a motion to adopt Resolution No. 94 -1003,
Resolution of Necessity to initiate eminent domain proceedings
against the property known as the Borick property. The motion
carried by unanimous voice vote.
B. Consider Amendments to the Carlsberg Specific Plan and
Draft EIR, Amendment to Land Use Element of the General
Plan to Reflect Amended Land Uses, and Amendment of the
City's Zoning Ordinance to Adopt Amended Land Use
Regulations of the Specific Plan as Zoning for the
Property. Staff Recommendation: Direct staff as deemed
appropriate. (Public Hearing is closed.)
Mr. Aguilera gave the staff report.
In response to Councilmember Montgomery, Mr. Aguilera
explained that since the 2.5 acres of commercial zoning
that is currently proposed along the Tierra Rejada Road
corridor is different than what was presented in the
initial EIR, the EIR must be amended. He said whether or
not the overall acreage was retained or increased to 73
acres, it is still necessary to go to the Planning
Commission and then bring it to the City Council. Mr.
Aguilera said that the issue of the five acres from
Caltrans may by itself justify that it go back through
the Planning Commission.
Minutes of the City Council
Moorpark, California Page s
January 26, 1994
In response to Councilmember Perez, Mr. Aguilera said
that the City is not "locked into" locating the 2.5 acre
commercial area on the south side of the proposed
Carlsberg development and that is why the word "may" is
used.
Councilmember Wozniak said a recent communication from
the Army Corps of Engineers has brought up concerns
regarding the proposed Carlsberg development and that the
Corps of Engineers is under the impression that this
development is a newly introduced one. He said a letter
should be sent to the Corps of Engineers advising them
that the process at this time is addressing amendments to
an already approved Specific Plan contained in the
overall General Plan of the City.
In response to Councilmember Montgomery, Cheryl Kane said
the discovery of the vernal pool information does not
void the approved Specific Plan. She said when the
applicant seeks land use entitlements for actual build
out the Council will have to analyze if the existing
Environmental Impact Report is sufficient. She said the
City could not use the existing Environmental Impact
Report it if is not sufficient.
Councilmember Montgomery said that Urban West Communities
sued the City because they felt they were entitled to a
certain number of units. He asked if this could be the
same situation with Carlsberg.
Cheryl Kane said the UWC case did not arise out of CEQA.
She said CEQA makes it clear that when new information is
discovered you have to go back and do another
environmental review. Based on the current state of the
law, there would be no compelling requirements for the
Council to accommodate those additional units somewhere
else in the development.
In response to Councilmember Montgomery, Cheryl Kane said
the City is named as the defendant if that action has to
be defended because it is the public agency that is held
responsible for the adequacy of the Environmental Impact
Report. Whether or not they choose to defend that
lawsuit is up to the Council. If they choose not to
defend the action, then the developer could step in and
defend the lawsuit.
Minutes of the City Council
Moorpark, California Page 4
January 26, 1994
Mayor Lawrason indicated that he believes the best plan
of action is to go through the recommendations one by one
and discuss them.
Recommendations:
1. Regarding issue No. 1, staff recommends that homes along
the perimeter of housing area "D ", which parallel Spring
Road, be limited to one -story structures in order to
reduce visual impacts. Not more than the roof of the
house will be allowed to be visible from any point along
Spring Road. Two story homes may be allowed if the rear
setback is increased to a point where the two story house
will exhibit the same profile as the one story houses as
seen from Spring Road. The caveat to this condition is
that the amount of grading of the Spring Road slope may
not be increased in order to accomplish the larger rear
setback.,
Councilmember Hunter said this is an obstacle for him
because he has a problem with the mass removal of dirt
from the hillside. He said the developer needs to retain
as much of the hillside as possible.
Councilmember Montgomery said he is pleased that the
profile is more appealing than previously shown.
Councilmember Wozniak asked if nothing more than the roof
of the house will be visible from Spring Road. Mr.
Aguilera said there may be a portion of the fence and a
portion of some of the houses and backyard trees that can
be seen. He suggested the words "that no fence line
shall be visible from Spring Road" be added to the
second sentence to read "Not more than the roof of the
house and no fence line shall be visible from any point
along Spring Road."
CONSENSUS: By consensus, the Council determined that the
action will be as described above. Councilmember Hunter
dissented.
2. Regarding issue No. 2, staff recommends that the park be
located in area "C" per the attachment to the staff
report and that it be large enough to accommodate a ball
field with a minimum 300 foot distance from home plate to
the out field perimeter without overlapping into a
separate regulation soccer field.
Minutes of the City Council
Moorpark, California Page 5 January 26, 1994
CONSENSUS: By consensus, the Council determined to accept the
staff recommendation as written above.
3. Regarding issue No. 3, staff recommends that the SR /C and
BP designation be changed to SR /C /BP with the requirement
that 43.5 acres of the SR /C /BP be developed as SR /C. The
location and layout of the SR /C or BP zones and uses must
be approved by the City Council.
CONSENSUS: By consensus, the Council determined to accept the
staff recommendation with the change that it be changed to
include the phrase "no less than 40.0 acres of the SR /C /BP be
developed as SR /C."
4. Regarding issue No. 4, staff recommends the Council find
the mitigation measures for the vernal pool are adequate
and therefore certify the EIR if all other issues are
adequately addressed.
Councilmember Perez expressed his support of this
recommendation. He said it does provide for the vernal
pool and for the replenishment of it.
Councilmember Montgomery said this is the one area of all
of this plan that may be challenged in some sort of legal
action and he believes it would be the applicant's
responsibility to defend the action at that time.
CONSENSUS: By consensus, the Council determined to accept the
staff recommendation as written above.
5. Regarding issue No. 5, staff recommends that the Council
amend the Specific Plan by allowing multi- family housing
with a Council approved Conditional Use Permit if the
housing can meet the criteria in Attachment 111" of the
staff report. It is further recommended that the grading
of the site not change from what has been represented to
the City Council throughout the hearing process. Staff
also recommends that the number of units not exceed 70,
that 20 percent of the units be offered to low income
families (80 percent of County median income), that if
the units are rentals they be controlled for thirty (30)
years, and if there are for sale, they be controlled for
fifteen (15) years.
Councilmember Wozniak said he has difficulty with the
area being moved and the number of units involved. He
said increasing the units causes a problem. He would
like for it to remain an institutional area and look at
Minutes of the City Council
Moorpark, California Page 6
January 26, 1994
other sites for affordable housing within the project.
He said something can be fashioned that says affordable
housing will take place at the appropriate time during
the tract map or parcel maps and then it would be up to
the Council to say this is what is necessary to meet the
affordable housing requirements.
In response to Mayor Lawrason, Jim Aguilera said the
institutional land use could accommodate a church, a
library, a school (not necessarily a public school), and
a quasi - public type of institution.
Councilmember Hunter said there is an incompatibility
issue with traffic patterns that will be exhibited from
the surrounding areas ;f a residential land use is
approved at this location.
Mayor Lawrason said that Community Development Committee
discussions have revealed that there may not be a
Developer Agreement. He said we need to be sure that
somewhere in this project we are going to see affordable
housing.
Councilmember Perez said as plans get more definite maybe
some affordability will come forth. He expressed concern
with the number of 70 units proposed. He said it may be
too many units for this site,.
CONSENSUS: By consensus, the Council determined to keep the
institutional land use designation for this parcel and make no
amendments to it.
6. Regarding issue No. 6, staff recommends that the
following wording be added to the Specific Plan:
A two and a half (2.5 acre Neighborhood Commercial site
may be allowed by the City Council at one of the
following sites:
1) Northeast corner of Tierra Rejada Road and
Spring Road;
2) Northeast corner of Tierra Rejada Road and
Science Drive;
3) Northwest corner of Tierra Rejada Road and
Science Drive.
The City Council may establish the exact location of the site
upon the written request of the property owner. The City
Council shall make such a determination at a regularly
Minutes of the City Council
Moorpark, California Page ?
January 26, 1994
scheduled Council meeting with or without a public hearing at
the Council's discretion. The City Council may also allow the
applicant to relocate not more than seven (7) housing units to
area "D" of the site if those units are being displaced by the
new Neighborhood Commercial site.
Mayor Lawrason said that the alignment of Spring Road and
Science Drive will be an issue if this is to come into
being.
Councilmember Perez added that he is troubled because
this has been a last minute addition. He said as long as
it reads "may" and we are not locked into the location or
its approval it is acceptable to him. He added that the
City needs to be directly involved with discussions at
the County level regarding the realignment of Moorpark
Road..
Mr. Kueny said the Public Works Department has been asked
to contact the County regarding that subject, but he is
uncertain if that contact has been made yet. He said it
has been conveyed to the County that they need to include
the City of Moorpark in its planning and not just as a
review agency.
Councilmember Wozniak said the wording of the second
sentence of the third paragraph of the recommendation
should be changed to read:
"The City Council shall make such a determination at
a public hearing at a regularly scheduled Council
meeting.."
Councilmember Montgomery said if the location is at the
northwest corner of Tierra Rejada Road and Science Drive,
we would need to relocate an unspecified number of units
within Area D; if the location is the northeast corner of
Tierra Rejada Road and Science Drive, we then have
displaced units within Area A that would be converted to
Area D and would reduce the number of units in Area A to
corresponding Area D.
Ron Tankersley, Carlsberg Financial Corporation, 2800
28th Street, Santa Monica, addressed the Council. He
said they gave the Community Development Committee three
scenarios. All they did was give the number of units to
be displaced in Areas D and A. He said they did not
discuss where the units i.n A would be displaced to.
Minutes of the City Council
Moorpark, California Page £s
January 26, 1994
Mr. Kueny agreed, but continued by stating that staff
thought they would have to go into Area D.
Mr. Tankersley said the location of that commercial site
may hold up planning of Areas A and D.
CONSENSUS: By consensus, the Council determined that the
relocation of the units should be to Area D. The Council also
concluded that the staff recommendation was acceptable with
the wording change submitted by Councilmember Wozniak. The
Council also agreed that the 2.5 acres of Neighborhood
Commercial would be deducted from the SR /C /BP area if the
Council granted the Neighborhood Commercial Zoning in the
future.
In addition, Councilmember Montgomery said there is a
4.77 acre commercial site on the northwest corner of
Tierra Rejada Road and Spring Road that he would like to
see considered zoned for other than commercial use.
Mr. Kueny added that the decision as to where to locate
the proposed neighborhood commercial site should be made
relatively soon so the planning of Areas A and D can take
place.
Councilmember Montgomery said a prerequisite to that
decision is consideration of the realignment of Moorpark
Road.
7. Regarding general grading issues, staff recommends that
the Specific Plan be amended to require that within 30
days after excavation, all borrow sites shall be
hydroseeded, contour graded, and irrigated until such
time that the vegetation is well established, and that
the borrow site is graded in such a manner as to minimize
the use of rectilinear forms.
CONSENSUS: By consensus, the Council determined to accept the
staff recommendation as written above.
8. Staff recommends that the applicant be directed to make
the appropriate changes to the Specific Plan and bring
the completed document back to the City Council for final
review after the Plan is reviewed by the Planning
Commission pursuant to state law.
CONSENSUS: By consensus, the Council determined to accept the
staff recommendation number 9
Minutes of the City Council
Moorpark, California Page 9 January 26, 1994
9. Staff recommends that if the City Council makes changes
to the Specific Plan, the Council direct staff to have
the consultant prepare an addendum to the EIR and amend
the existing contract with Impact Sciences.
CONSENSUS: By consensus, the Council determined to accept the
staff recommendation number 9
Mr. Aguilera stated that the next issue to be considered at
this point is the overall number of units and the number of
units within each of the four areas.
CONSENSUS: By consensus, the Council determined to request
the applicant to scale down the overall size of the developed
area in Area B and to cluster the units toward the inner area
of the development by having larger lots on the southern
portion and small lots on the northern portion of Area B.
CONSENSUS: By consensus, the Council determined to request 1)
that the Planning Commission review the possibilities of
removing the approximately twenty -three units located in the
"hammerhead" portion of Area A; 2) and that City staff provide
an addendum to the environmental studies as to the proposed
changes.
In response to Council question concerning Planning Commission
review of the Council's actions, Cheryl Kane stated that State
law does not require a public hearing, but it does require a
public comment period on the agenda. She said the Council has
closed its public hearing; however, public comment can be
received, but it would not legally be a part of the record for
Council consideration. She said the legal requirements have
been met by holding a public hearing. If the Council were to
reopen it at a minimum would have to give some type of public
notice to that hearing so the general public would know that
they were being invited back in to give public testimony.
Mr. Aguilera said this item will be calendared on a Council
agenda after the Planning Commission has considered the
proposed changes and have made their recommendations to the
City Council.
Minutes of the City Council
Moorpark, California Page 10 January 26, 1994
4. ACTION /DISCUSSION:
A. Consider Schedule and Format for Town Hall Meetings.
(Continued Item 11.A. from 1/19/94)
CONSENSUS: By consensus, the Council determined that Town
Hall Meetings will be held on March 12, May 14, July 9,
September 10 and the date for November and locations for the
May, July, September and November meetings will be determined
later by the Ad Hoc Committee. The first meeting to be held
on March 12 will be conducted at Villa Del Arroyo Mobilehome
Park.
5. COMMENTS FROM CITY COUNCILMEMBERS:
Councilmember Wozniak stated that the Hazardous Household
Waste centers will be open in the County for residents to
dispose of HHW. He said for more information residents may
call (805) 529 -2060, extension 2600.
6. ADJOURNMENT:
MOTION: Councilmember Montgomery moved and Councilmember
Wozniak seconded a motion to adjourn the meeting. The motion
carried by unanimous voice vote.
Mayor Lawrason adjourned the meeting. The time was 9:45 p.m.
ATTEST:
Lillian E. Hare,
City Cler
a
Paul W. Lawrason Jr., Mhlyor