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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