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HomeMy WebLinkAboutMIN 1995 1129 CC SPCMINUTES OF THE CITY COUNCIL Moorpark, California November 29, 1995 A Special Meeting of the City Council of the City of Moorpark was held on November 29, 1995 in the Council Chambers located at 799 Moorpark Avenue, Moorpark, California. Said Special Meeting shall be for the purpose of the following: 1. CALL TO ORDER: Mayor Lawrason called the meeting to order at 7:05 p.m. 2. ROLL CALL: Present: Councilmembers Hunter, Perez, Wozniak and Mayor Lawrason Staff Present: Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Cheryl Kane, City Attorney; Dirk Lovett, Assistant City Engineer; Paul Porter, Senior Planner; Jim Aguilera, Director of Community Development; Lillian Hare, City Clerk. AT THIS POINT IN THE MEETING Councilmember Hunter indicated he would leave the dais and not participate in the discussion or decision on the Public Hearing for Major Modification No. 1 to CPD 90 -2 on the application of American Stores Properties, Inc. because of the appearance of a possible conflict of interest. Mr. Kueny also left the meeting. The time was 7:11 p.m. 3. PUBLIC HEARING: A. Consider Approval of Major Modification No. 1 to CPD 90 -2 on the Application of American Stores Properties, Inc. Staff Recommendation: 1) Open the public hearing and accept public testimony; 2) Prior to making a decision on this project make a determination that: a. The effects of the proposed project were analyzed in the Mitigated Negative Declaration, Initial Study, and Mitigation Monitoring Program prepared for CPD 90 -2; and b. There will not be a significant effect in this case because Major Modification No. 1 is for a reduction in size from the originally approved project of 122,400 square feet to 118,873 square feet, and that the mitigation measures applied to CPD 90 -2 have been incorporated into Major Modification No. 1; 3) Make the appropriate findings 00OWN Minutes of the City Council Moorpark, California Page 2 November 29, 1995 (Exhibit No. 1 in Planning Commission Staff Report dated August 28, 1995) ; and 4) Direct staff to prepare a resolution approving Major Modification No. 1 to CPD 90 -2 and rescinding Resolution No. 90 -729 for presentation at the City Council's meeting on November 1, 1995. (PUBLIC HEARING REMAINS OPEN) Mayor Lawrason noted that the Public Hearing was still open. Sean Robert, 1990 S. Bundy Drive, Los Angeles, addressed the Council on behalf of the applicant. He gave a brief overview of the proposed project. Dorian Fortney, 345 E. Thomas Road, Phoenix, Arizona, addressed the Council representing the applicant. He said the increase in traffic on Tierra Rejada Road because of the project would be only loo percent. He said the street would be safer because there would be more signalization. He said the concern of the community seems to be the size of the store. He said the size is only that of an average grocery store. He further said the applicant desired the additional median cut on Tierra Rejada Road. He said there was an error in the staff report and that the pole height for the light standards is 25' feet. He provided the City Clerk with copies of responses to postcard questions regarding the project. The staff report was given by Mr. Porter. In response to Councilmember Perez he said the school district was provided an opportunity to comment May 9, 1995. In response to Councilmember Perez, Mr. Aguilera indicated that the shoebox type of lighting provided better control of light. Thomas Carlin, 4772 Talmadge Road, addressed the Council in opposition to the project. UU0i" Minutes of the City Council Moorpark, California Page 3 November 29, 1995 Connie Volke, 11744 E. Buttercreek Road, addressed the Council in favor of the project. Barry Kingston, 11757 Pinedale Road, addressed the Council in opposition to the size of the shopping center. Craig Chudacoff, 12401 Willow Forest Drive, addressed the Council in opposition to the shopping center. Bob Newman, 11698 Sagewood Drive, addressed the Council in opposition to the project. Barbara Schultz, 116 Sierra Avenue, addressed the Council in support of the project. Bernie Morrissey, 11699 Sagewood Drive, addressed the Council in opposition to the project. Alan Stahl, 1380 King James Court, Agoura, addressed the Council as a prospective tenant in the project. He said he was associated with Tutor Time Child Care Learning Center. He spoke in support of the project. Francis Okyere, 484 E. Los Angeles Avenue, addressed the Council in opposition to the size of the market. Bill Otto, 4261 Heatherdale Court, addressed the Council in opposition to the project. Rick Jason, 4878 Bending Oak Court, addressed the Council in opposition to the project. Gayle Chaney, 12018 Alderbrook Street, addressed the Council in opposition to the project. Mike Skinner, 11640 Sagewood Drive, addressed the Council in opposition to the project. Bob Thompson, 21303 Cedardale Drive, addressed the Council in opposition to the project. Mike Vizzi, Willow Forest Drive, addressed the Council in opposition to the project. June Janus, 11650 Sagewood Drive, spoke in opposition to the project. ()()()()lo Minutes of the City Council Moorpark, California Page 4 November 29, 1995 Robert Coughlon, 11955 Silvercrest, addressed the Council in opposition to the project. He said the pavement on Tierra Rejada Road should be evaluated to determine the impact of truck traffic. AT THIS POINT IN THE MEETING a recess was declared. The time was 9:15 p.m. Councilmembers Perez, Wozniak and Mayor Lawrason reconvened at 9:35 p.m. Dave Van Beveren, 11904 Rivergrove Street, addressed the Council in opposition to the project. David Layland, 11520 Flowerwood Court, addressed the Council in opposition to the project. Stan Ludwig, 12483 Sunnyglen Drive, addressed the Council in opposition to the project. Dave Vandaveer, 11971 Silvercrest Street, addressed the Council in favor of the project. Mayor Lawrason acknowledged that he received communication from Brett and Helen Taylor in support of the project. Mayor Lawrason read the following names who would not be called as their speaker cards were turned in late. Brad Wallace, Bruce McBride, June Dubreuil, Gary Lowenburg, Glen Cryan. Mr. Fortney again addressed the Council and indicated that he had not heard any reasons this evening to require the down sizing of the market. In response to Councilmember Perez, Mr. Fortney responded that an incremental increase in the size of the store does not increase the number of trucks making deliveries. IX Minutes of the City Council Moorpark, California Page 5 November 29, 1995 In response to Councilmember Perez, Mr. Fortney said he was not able to address the amount of sales tax that would be generated to the city because of the operation of the store. In response to Council question, Mr. Aguilera commented that the alcoholic beverage control process will require that the City review an application for a license to sell alcohol on that site. He also indicated that the City had received a request to locate a bank inside Albertson's. Mayor Lawrason closed the Public Hearing. In response to Councilmember Perez, Mr. Lovett said the entire length of Tierra Rejada will be overlayed prior to the City's acceptance of the street. In response to Councilmember Wozniak, Mr. Aguilera indicated that large delivery trucks would create dBA's above the allowed 45 at the project boundaries. Mayor Lawrason indicated that the walls behind the market might have to be increased. In response to Councilmember Perez, Mr. Aguilera said that there is room to delete some of the landscaping on the edges where there is already enough of a buffer area. He said this had not been discussed with the applicant. Mayor Lawrason said it would be important to limit the hours of vacuuming the parking lot. In response to Council question, Mr. Hare said that while sales tax information is confidential, leakage could be determined to be 9% percent. In response to Council question, Mr. Porter said 550 parking stalls has been proposed. He indicated that the previous plan had 551 stalls. (A)WV" Minutes of the City Council Moorpark, California Page 6 November 29, 1995 AT THIS POINT IN THE MEETING a recess was declared. The time was 11:15 p.m. The City Council reconvened with Councilmembers Perez, Wozniak and Mayor Lawrason present at 11:30 p.m. Mayor Lawrason commented that new Albertson's market would be 49,774 square feet in size, that the Hughes' market is 32,213 square feet and that this market proposed a market of 63,000 square feet. He said it was his belief that the store should not be the largest in the city. Councilmember Wozniak said he was not in favor of a superstore and would like to propose that the project be approved at 45,000 square feet. He indicated that he liked the original design of the project. Councilmember Perez said he felt a crossing guard was appropriate and that a request for a security guard was not unreasonable. In response to Councilmember Perez, Sergeant Hindman said that the Sagewood access would create a police problem. MOTION: Councilmember Wozniak moved to determine that the effects of the proposed project were analyzed in the mitigated negative declaration, initial study, and mitigation monitoring program prepared for CPD 90 -2 and that there will not be significant effect in this case because Major Modification No. 1 is for a reduction in size from the originally approved project of 122,400 square feet to 118,873 square feet and that the mitigation measures applied to CPD 90 -2 have been incorporated into Major Modification No. 1; to make the appropriate findings with a reduction in size to the proposed grocery store to 45,000 square feet; a landscaping plan to be approved by the City Council; the hours of operation of the shopping center to be 6:00 a.m. to 10:00 p.m. and vacuuming of the parking lot and truck deliveries and other noise producing activities prohibited between the hours of 10:00 p.m. and 6:00 a.m.; the proposed drain for cart washing to have a separator to ensure contaminants are not washed into the sewer system; the applicant to provide a security guard on site if required by the City of Moorpark Police Department; the applicant to pay for a crossing guard for a 5 year period; the lighting plan to be subject to City Council approval. THE MOTION DIES FOR LACK OF A SECOND. 0060113 Minutes of the City Council Moorpark, California Page 7 November 29, 1995 CONSENSUS: By consensus, the Council determined that no dual left turn onto Mountain Trail from northbound Tierra Rejada Road will be constructed at this time and to require a bond to cover costs of possible future construction of the dual left turn and to eliminate the median break for left turns into the project. In response to Council question, Mr. Lovett indicated that 8' foot bike lanes had been retained in the plan. MOTION: Councilmember Perez moved and Mayor Lawrason seconded a motion to approve Councilmember Wozniak's motion above with the change that Lucky's market building size be 50,000 square feet; the 8' foot bicycle /emergency lanes to be maintained; the curb return radii of the southwest and southeast corners of Mountain Trail and Tierra Rejada to be increased; the developer to obtain and dedicate all necessary rights of way associated with such improvements; the dual left turn lanes to be deleted with bond requirement for future construction; the median break left turn to be deleted; the developer to pay the cost of the warrant study for Cedar Springs Street and Mountain Meadows Drive prior to the issuance of a building permit and if a signal is determined necessary, install it or provide surety in a form and amount approved by the City Engineer; the maximum footprint of the project to remain as is. The motion carried by roll call vote 3 -0. Councilmember Hunter absent for the vote. 4. ACTION /DISCUSSION: A. Consider Approval of Minor Modification No 4 to Planned Development Permit No 1072, Request to Delete a 20 Foot Pedestrian Easement from the Terminus of Sagewood Drive to the Adjacent Commercial Site (UWC Investors). Staff Recommendation: Direct staff as deemed appropriate. (CONTINUED ITEM) MOTION: Councilmember Wozniak moved and Mayor Lawrason seconded a motion to approve a Minor Modification to eliminate the requirement to provide the access easement between lot 64 and 65, the opening in the wall, and the walkway down to the commercial site. The motion carried by voice vote 3 -0, Councilmember Hunter absent for the vote. Mr. Kueny rejoined the meeting at 12:05 a.m. 000014 Minutes of the City Council Moorpark, California Page 8 November 29, 1995 5. CLOSED SESSION: None was held. 6. ADJOURNMENT: Mayor Lawrason adjourned the meeting at 12:10 a.m. ATTEST: Lillian E. Hare, City Clerk Paul w. awrason J ., Mayor 0(1s