HomeMy WebLinkAboutMIN 1994 0801 CC ADJMINUTES OF THE CITY COUNCIL
Moorpark, California August 1, 1994
An Adjourned Regular Meeting of the City Council of the City of
Moorpark was held on August 1, 1994 in the Council Chambers of said
city located at 799 Moorpark Avenue, Moorpark, California.
1. CALL TO ORDER:
Mayor Lawrason called the meeting to order at 7:15 p.m.
2. PLEDGE OF ALLEGIANCE:
Councilmember Hunter led the Pledge of Allegiance.
3. ROLL CALL:
Present: Councilmembers Hunter, Montgomery, Perez,
Wozniak and Mayor Lawrason
Staff: Steven Kueny, City Manager; Richard Hare,
Deputy City Manager; Jim Aguilera,
Community Development Director; Cheryl
Kane, City Attorney; Paul Porter, Senior
Planner; Dorothy Vandaveer, Deputy City
Clerk
4. PUBLIC COMMENT:
None.
CONTINUED ITEMS:
9. PUBLIC HEARINGS:
A. 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
- Carlsberg Financial Corporation. Staff Recommendation:
Review and approve the amended Carlsberg Specific Plan as
amended and adopt Resolution No. 94- and findings
amending the Land Use Element of the General Plan to
reflect the amended land uses and introduce for first
reading the Ordinance to amend the City's Zoning
Regulations in order to adopt the amended land use
regulations of the Specific Plan as Zoning for the
property; and adopt the Resolution Certifying the
Environmental Impact Report (Continued Item) PUBLIC HEARING
IS CLOSED.
Mr. Aguilera gave the staff report.
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August 1, 1994
Council discussion included the following items relative to
the proposed Carlsberg Specific Plan dated August 1, 1994:
a. Item F., Page 5, entitled "Settlement Agreement and
Mutual Release"
The date of the completed Settlement Agreement and
Mutual Release contained in the third sentence of this
paragraph needs to be completed.
b. Item D., Page 8, entitled "Open Space /Recreation Plan"
Mr. Kueny said the second sentence of the third
paragraph needs to be consistent with the Settlement
Agreement wording.
Councilmember Montgomery suggested that we should make
reference to Exhibit A and state clearly that if there
is a conflict in the basic text of the two documents
then the Settlement Agreement language shall prevail.
Mr. Kueny said a notation will be made as to which
document has the prevailing language and that this
language is consistent with the Settlement
Agreement.
C. Item 2, Page 9, entitled "Connector Plan"
Mr. Kueny explained that Exhibit 9, Cross Section A -1)
Spring Road north of Peach Hill Road) of the Specific
Plan is inconsistent with the City's Circulation
Element and the Tierra Rejada /Spring Road AOC. The
Circulation Element requires a Class I Bikeway, which
means 5 to 8 feet (with a minimum of 5 feet) of
striped bike lane on each side of the street. Also,
there is no curb, gutter, or sidewalk proposed on the
east side. The pavement width is currently about 36
feet. The AOC provides for a 14 foot wide raised and
landscaped median from the Spring Road Bridge to
Tierra Rejada Road. The approved Specific Plan did
not differentiate Spring Road north and south of Peach
Hill Road. The cross section has a 94 foot right -of-
way with 20 feet of pavement on each side of the 14
foot median, with 8 foot sidewalks on both sides.
Mr. Kueny continued by stating that there should be an
ultimate dedication of 94 feet of right of way. In
summary the cross section from the Spring Road bridge
to Tierra Rejada Road should be identical to the area
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from Peach Hill Road South to Tierra Rejada Road.
Councilmember Montgomery said that too much right of
way could create the potential for certain canyons to
be filled in because of the extra 24 feet.
Councilmember Perez said the right of way should be
reserved at this time.
Ron Tankersley, 2800 28th Street, Santa Monica,
indicated that as the applicant, he understood there
would be no improvements north of Peach Hill road.
He said if there is a change as indicated this evening
by the Council, there is significant impact to the
development.
Mr. Kueny said the description he gave earlier has
been part of the discussion since 1990 and is in the
Plan as it is approved now.
In response to Councilmember Montgomery, Mr. Aguilera
said he does not believe the Environmental Impact
Report included the amount of grading that would be
required to make the modification described.
Mr. Tankersley stated that he believes this is
a discretionary item. He said the plan is being
changed to upgrade the travel bed without
addressing the grading.
Mr. Kueny said certain reductions can be made for the
bridge: 12 feet for each travel lane (24 total), 5
for each bike lane (10 total), 4 feet for the median,
and 5 for each sidewalk (10 total) and the remainder
to be allotted for the walls on the bridge
with an ultimate width of 52 feet total and
construction to be completed when the funds become
available.
CONSENSUS: By consensus, the Council determined to allow
the width of the Spring Road bridge to be designed with an
ultimate width of 52 feet as described by Mr. Kueny above.
Mr. Kueny said the applicant should be given time to
revisit the grading impacts and try to minimize the
impacts of the amount of grading. Mr. Kueny continued
by stating that to be consistent with the City's
Circulation Element of the General Plan.
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Plan, Carlsberg does have to provide bike lanes
here and the Council does have the ability to require
that. He said the key is that you need to provide the
Class II bike lane, but the Council can choose to
waive the standard paveout policy. He said staff can
work with the applicant to bring new information
regarding this issue to the City Council on Wednesday,
August 10.
d. Item 2, Page 10 entitled "Grading Criteria"
In response to Mayor Lawrason, Mr. Aguilera said the
maximum height of the slopes can be included in this
section.
Mayor Lawrason also asked if there are slopes that
exceed the 30 -foot height.
Mr. Tankersley said there are some that exceed it,
but the applicant has plans to match whatever the
grading standards are.
Mayor Lawrason commented that he does not want to see
the grading standards of the newly constructed middle
school allowed.
e. Paragraph G, Page it entitled "Utilities and Services
Plans"
Mayor Lawrason asked if language needs to be included
that the Ventura County Water Works District No. 1 has
a turn off on the force main.
Mr. Kueny said closure needs to be made as to who will
maintain the maintenance station and language to
indicate maintenance responsibility needs to be
included.
f. Paragraph 2, Page 13 entitled "Simi- Moorpark Freeway
Properties (North Portion) - Grading and Street
Improvements
Mayor Lawrason commenter
needs to be coordinated
Council just took and
"Catholic Church" needs
specific measurement of
of the intersection of
Roads).
3 that the bridge reference
with the consensus action the
that the reference to the
to be formalized (i.e., a
feet northeast of the corner
Spring Hill and Peach Hill
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g. Continued item b. on page 14 entitled "Street
Improvements"
Mayor Lawrason said the first sentence in the first
complete paragraph on page 14 needs to be modified
from:
"Science Drive is to be extended from "B" Street to
Peach Hill Road and intersection improvements at Peach
Hill Road are to be completed as a condition to the
issue of the initial permit."
to read as follows:
"Science Drive is to be extended from "B" Street to
Peach Hill Road and intersection improvements at Peach
Hill Road are to be completed as a condition prior to
the issuance of the initial building zone clearance
for occupancy." and this reference should be changed
other places where it appears in the document.
h. Line 13, Page 15, typographical error in the spelling
of the word "church" (with reference to Presbyterian
Church) needs to be made.
i. Item b., Page 14 entitled "Street Improvements" and
second sentence in the second paragraph on page 15:
CONSENSUS: By consensus, the Council determined to accept
Areas C or D in both of these areas and to line out
references to the four TC's.
j. Item 4, Page 15, entitled Tierra Rejada Area of
Contribution Fee - EIR Mitigation Measures:
CONSENSUS: By consensus, the Council determined to
eliminate this section and combine it with Item 3.B.
Mr. Kueny indicated that the improvements should be tied to
Areas C or D prior to Area I.
k. Item 5, Page 17, entitled "Air Quality Mitigation Fee"
(1) Mr. Kueny said that 1) TC17 and TC18 should be
added to the final EIR, 2) incorporated into the
Mitigation Monitoring Program with Mitigation
Measure TC18, as contained in the Mitigation
Monitoring Plan, being renumbered TC17 and
worded as follows:
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"As determined by the City of Moorpark, the
project developer shall contribute a fair share
to improvements to County roadways or related
facilities if a reciprocal agreement between the
County of Ventura and City of Moorpark addressing
said matter is approved "; and
3) TC17 as contained in the Mitigation
Monitoring Plan could be deleted if the draft
Settlement Agreement is approved, or as an
alternative, it could remain, and the final
Settlement Agreement could address its
disposition; and 4) the Settlement Agreement
will carry the development fee.
(2) The last sentence in Item 5. should be
changed from:
"The amount of the fee shall be determined at
the time the fee is due"
to the following:
"The amount of the City's fee shall be
determined at the time the fee is due."
1. In response to Councilmember Hunter, Mr. Kueny
said on Exhibit 16 we do not need a fuel
modification zone between a park and open space.
Mr. Kueny commented that an asterisk can be
added to the exhibit to indicate what portion
of it is required.
M. Item a, Page 24 entitled "Moorpark Freeway Buffer"
In response to Mr. Kueny, Mr. Aguilera said
the responsibility for the freeway buffer is
addressed later in the document.
n. Item c, Page 24 entitled "Spring Road"
The Council confirm that it was a
consensus action by the Council earlier that
the sidewalk be on the east side of Spring Road.
o. Item d., Page 24 entitled "New Los Angeles Avenue"
Mr. Kueny said the sidewalk cannot be
moved because of the swale. He said the
actual location of the sidewalk
may be left undetermined until the
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development is underway.
p. Item e, Page 25 entitled "Science Drive"
Mr. Kueny suggested that the Council may want to
consider a sidewalk on the other side of the street
since there is parkland on that side and a bike lane
is being included.
AT THIS POINT in the meeting, the Council took a recess.
The time was 9:10 p.m. The Council reconvened at 9:30 p.m.
q. Item l.a., Page 31 entitled Single Family Detached -
Areas A, B and D
Councilmember Montgomery suggested that in the second
paragraph, third line, the word "concrete" be deleted
to have it read, "The roof tiles and stucco colors as
well as......".
r. Item 2), Page 33 entitled "Roofs"
Councilmember Montgomery commented that 1) a section
should be added to discuss tile, 2) it should read
"mandatory" roof colors instead of "preferred roof
colors ", and 3) a section entitled "Styles" added.
CONSENSUS: By consensus, the Council determined to modify
the wording in this section as described by Councilmember
Montgomery above.
S. Item l.a., page 31, second paragraph from the bottom
of the page
In response to Council question, Mr. Tankersley said
the applicant has a plan that has the interior roads
of the project running perpendicular to Spring Road so
there is no perimeter road along Spring Road and so
fewer homes will back onto Spring Road and they will
have deep rear yards. Mr. Tankersley explained that
"passerbys" will see only five cul -de -sacs with deep
rear yards. He indicated that the length of the
driveways is addressed later in the document.
t. Item b., page 40 entitled "Roofs"
Mr. Aguilera said staff is recommending the wording be
changed from:
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"Pitched roofs will be permitted"
to the following:
"Pitched roofs would be encouraged."
He said this is to allow more variety in the roof
lines within this segment of the property.
Mr. Kueny said the explanation should be written into
the guidelines.
U. Item f., page 42 entitled "Mechanical Equipment"
Mr. Kueny asked if this mechanical equipment placed on
the roofs will be screened from freeway view.
In response, Mr. Aguilera said not in all cases and
that language may need to be added that mechanical
equipment will not be screened from all locations.
V. Item b., page 45 entitled "Institutional"
Mr. Kueny suggested that these three phrases be re-
phrased to read "shall" instead of "should"
1) "Building massing should......",
2) "Service areas should.......", and
3) "All roofs should........".
W. Item 5. , Page 53 entitled "Site Development Standards"
In response to Mayor Lawrason, Mr. Aguilera agreed
that the wording "measured from the foundation" should
be changed to "measured from the slab grade ".
This phrasing to be changed also on page 58 under Item
4.
X. Item 5.f., Page 56 entitled "Animal Requirements"
Councilmember Montgomery stated that this item should
be renamed to be consistent with the current zoning
ordinance.
Councilmember Montgomery left the meeting at 9:45 p.m.
Y. Item 2., page 57 and Item 2., page 60 entitled
"Permitted Uses"
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August 1, 1994
CONSENSUS: By consensus, the Council determiner to bring
this item back with definitions for the permitted uses to
include adult businesses.
Z. With reference to single user situations in the
business park sites, Mr. Kueny suggested language be
insr�rted on page 7 in the "business park'' section:
"Tbii maximum square footage as stated in t�:e EIR"
aa. Item 5.a., page 61 entitled "Site Development
Standards"
Mr. Kueny recommended changing the language: from:
1135 feet measured from the foundation, however, if the
site is to be utilized by one single user the height
limit shall be 50 fees.."
to read:
1135 feet except that with City Council planned
d, velopment approval can go to 50 fE(:-t without
amending the specific plan (dele-te "s -ngle user"
i cif erence) . "
Mr. Aguilera commented t?-).•t staff needs to see a
square footage limitation with regard to tnis issue.
Mr. Kueny said staff will work with the de�reloper to
establish and agree u-,-3n a square footage number.
bb. Item 4, Page 64, Site .:) evelopment Standards"
Councilmember Wozniak asked why the height of all
bu-.ldings is limited to 30 f?et.
Mr. Aguilera respond -A that this is next to a
residential area and °-_ight should not extend beyond
30 feet.
Mr. Kueny indicated th,�,t staff needs to verify if the
zoning ordinance states 30 or 35 feet. Staff will
clarify and return to Council with the results.
CC. Item no. 1), page 62 entitled " Playfields"
Councilmember 1 +inter said there is a conflict as this
item says playfields are permitted, but in the
Settlement Agreement it says playfields are mandatory.
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10.
11.
12.
Mr. Kueny explained that it is to allow flexibility.
The potential overlap of the softball outfield with a
soccer field would allow other amenities in the park
and would allow the Council the discretion in the
Specific Plan.
CONSENSUS: By consensus, the Council determined to delete
the first section I. titled "Neighborhood Park (P)", but to
retain the second section I. titled "Open Space (OS)".
dd. Miscellaneous Concerns
Mr. Kueny commented that there are several other
outstanding issues that staff will bring back to the
Council.
MOTION: Councilmember Hunter moved and Councilmember Wozniak
seconded a motion to continue this item to Wednesday, August 3,
1994. The motion carried by 4 -0 voice vote, Councilmember
Montgomery absent for the vote.
ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
None.
ACTION /DISCUSSION:
B. Consider Status Report of 1993,I94 Objectives and Consider
1994,I95 Goals and Objectives. Staff Recommendation:
Direct staff as deemed appropriate.
MOTION: Councilmember Hunter moved and Councilmember Wozniak
seconded a motion to continue this item to August 3, 1994. The
motion carried by 4 -0 voice vote, Councilmember Montgomery
absent for the vote.
F. Consider Property Settlement Agreement and Mutual Release
with Cone'o Freewa Pro erties Limited and with Moor ark
Freeway Properties. Staff Recommendation: Direct staff as
deemed appropriate.
MOTION: Councilmember Hunter moved and Councilmember Wozniak
seconded a motion to continue this item to August 3, 1994. The
motion carried by 4 -0 voice vote, Councilmember Montgomery
absent for the vote.
ORDINANCES:
None.
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13. CLOSED SESSION:
None.
14. ADJOURNMENT:
MOTION: Councilmember Wozniak moved and Councilmember Hunter
seconded a motion to adjourn the meeting. The motion carried by
4 -0 voice vote, Councilmember Montgomery absent for the vote.
The time was 10:55 p.m.
Paul W. Law on Jr.,
ATTEST:
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