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HomeMy WebLinkAboutMIN 1996 0523 CC SPCMINUTES OF THE CITY COUNCIL Moorpark, California May 23, 1996 A Special Meeting of the City Council of the City of Moorpark was held on May 23, 1996, 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 :42 p.m. 2. ROLL CALL: Present: Councilmembers Brown, Hunter, Perez, Wozniak and Mayor Lawrason Staff Present: Steven Kueny, City Manager; Richard Hare, Deputy City Manager; Dirk Lovett, Assistant City Engineer; Paul Porter, Senior Planner; Lieutenant Rouse, Sheriff's Department; Dorothy Vandaveer, Deputy City Clerk 3. PUBLIC HEARINGS: A. Consider Resolution No. 96- Approving Tentative Tract Map No. 5001 and Commercial Planned Development Permit No. 95 -1 on the Application of Marketplace Properties. Staff Recommendation: 1) epen the public hearing atri ace, pt public testiirtorr7; (PUBLIC HEARING REMAINS OPEN) NEW STAFF RECOMMENDATION: 2) Review and consider the information in the Mitigated Negative Declaration and Mitigation Monitoring Program; 3) Make the appropriate findings; and 4) Approve Resolution No. 96- Approving Commercial Planned Development 95 -1 and Tentative Parcel Map No. 5001 as modified by the City Council. (CONTINUED ITEM) Paul Porter gave the staff report. In response to Council question, Lieutenant Rouse stated that he has surveyed the locations of five similar businesses within the City of Moorpark and found that only two have had any impact on law enforcement services. He stated that if the history of such businesses in the City is considered, one cannot view Marketplace Properties' proposed development as being a potentially major crime site. He continued by stating that a call for service does take a deputy off the streets for a period of time, the availability of alcohol is a concern, and the more businesses that are within the City, the more opportunity for crimes to occur. Minutes of the City Council Moorpark, California Page 2 May 23, 1996 Mike Rue, President of Marketplace Properties, addressed the Council and discussed the safety, economic, crime and neighborhood impacts of the proposed project. Gary Lowenberg, 4218 Peach Slope Road, spoke in opposition to the project. Connie Lawrason, 4291 Ambermeadow Street, spoke in opposition to the project. Robin Harikul, 14077 Hargrove Court, spoke in opposition to the proposed mini -mall primarily because of the service station. Jeanne Colky, 13844 Christian Barrett Drive, spoke in opposition to the construction of a gas station at this location. Brian Colky, 13844 Christian Barrett Drive, spoke in opposition to the service station being constructed at this site. Maurice Powell, 14055 Christian Barrett Drive, spoke in opposition to the proposed development at this location. Kevin Mauch, 13906 Keisha Drive, spoke in opposition to the service station being built. Clint Harper, 4044 Oak Glen Court spoke in opposition to the project. Joe Ahearn,484 Los Angeles Avenue, spoke as a representative of Acres Realty, leasing agent for the project. He spoke in favor of the project. Jim Stueck, 4767 Elderberry Avenue, spoke as President of the Chamber of Commerce. He spoke in favor of the proposed project. Pat Basso, 3940 Southhampton Road, spoke in opposition to the project. Marjorie Blye, 4122 Oakcliff, spoke in opposition to the construction of a service station /minimart at this location. Minutes of the City Council Moorpark, California Page 3 May 23, 1996 Scott Campbell, 3947 Willow Creek Lane, requested that the Council not vote in favor of the construction of a service station at this site. Lori McGee, 6590B Marquette, spoke in favor of the project. She said the City needs the tax revenue that it will bring. Carolyn C. Parris, 282 W. Sidlee Street, Thousand Oaks, spoke as a potential business owner in Moorpark. She spoke in favor of the project and said the sales tax revenue is needed in the City. Craig Adler, 4133 Willow Creek Lane, spoke in opposition to the building of a service station /minimart at this location. Lori Gast, spoke as a representative of Marketplace Properties. She read letters from citizens who are in support of the project. Bob Morales, spoke as a representative of Marketplace Properties. He read letters from citizens who are in support of the project. AT THIS POINT in the meeting, the Council took a recess. The time was 9:55 p.m. The Council reconvened at 10:08 p.m. Mr. Rue addressed the Council in response to questions and concerns. Mr. Rue said there is moisture on the property, but it is in the northerly portion of the site and on a part of the parcel that will not be built on. Mr. Rue indicated that they plan to widen Spring Road which will help solve concerns regarding traffic on Spring Road. He said they believe they have designed attractive elevations for the buildings. In response to Mayor Lawrason, Mr. Rue said that this is C -1 zoned property and is the second to the last one in the City to be developed. He said C -1 zoning permits a gas station and convenience store. Mayor Lawrason said the history of this property has raised a great deal of interest in the past and present and the same concerns remain as to construction of a minimart and gas station at this location. Minutes of the City Council Moorpark, California Page 4 May 23, 1996 The following questions were addressed by the Council: "1. How many cars are registered in the City ?" The Council stated that the information provided by staff was adequate. 2. The Council requested the Police Department to provide input as to the history of loitering and other criminal activity at other shopping centers in the City." Councilmember Perez commented that this application does not request alcoholic beverage sales so beer being stolen will not be a factor. Councilmember Brown commented that many crimes are committed because of 24 -hour operating schedules for mini -marts and service stations. 3. What are the estimated costs of moving the power poles located on the property and does the Edison Company have funding to move them ?" In response to Mayor Lawrason, Mr. Hare stated that the City wants to condition the project to move the poles to the south side of Tierra Rejada Road using either steel or wooden poles. He indicated that the present pattern of crisscrossing them across the road was done in the past for a presently unknown reason. He indicated that the City is not planning to underground them at this time. 4. Could the roof mounted equipment be placed on the ground ?" The Council agreed that the following wording proposed in the revised condition is adequate: "67. Roof mounted equipment is prohibited, except for equipment that cannot be mounted on t he ground and approved to be roof mounted by the Director of Community Development. All roof mounted equipment (vents, stacks, blowers, air conditioning equipment, etc.) That may extend above any parapet wall shall be enclosed on all four sides by view obscuring material. Prior to the issuance of a Zoning Clearance, the final design and materials for the roof screen and location of any roof mounted equipment must be approved by the Director of Minutes of the City Council Moorpark, California Page 5 May 23, 1996 Community Development. All screening shall be tall enough to block all ground level views of equipment and shall be maintained during the life of the permit. Construction material shall match the color and material used in the construction of the buildings. Colors, materials and building appendages (such as mechanical equipment on the roof, etc.) Of the proposed building shall be compatible with the existing building and adjacent development and non - reflective in nature." "5. Further clarify from Austin Faust whether the left hand turn on Tierra Rejada Road will work and how long it would take an automobile traveling at 55 mph to get to the curb cut on Tierra Rejada Road from Spring Road traveling along Tierra Rejada Road? Councilmember Wozniak said if landscaping is removed because of the redesign of the median, he wants the same amount of landscaping to be replaced somewhere in the City at the Council's discretion either on Tierra Rejada or on Spring Road at this applicant's expense. Mr. Hare indicated that it is staff's opinion that the left turn not be allowed. Councilmember Wozniak said if it is allowed, he wants language as previously described included in the condition. Councilmember Brown indicated that she would prefer the proposed landscaping not be put in a location where it is part of the citywide assessment. In response to Councilmember Perez, Mr. Kueny said the City has the option to eliminate the left turn at the median design if they find it to be unsuccessful. He said the only difference is the city would ask the developer to pay for it if it is necessary to close it. He continued by stating that if the landscaping on the median is taken out because of the left turn access, then there is virtually no median landscaping on most of the frontage of the site. Councilmember Hunter indicated that he does not want to support the left turn design for six months while waiting for an accident to happen. Minutes of the City Council Moorpark, California Page 6 May 23, 1996 Councilmember Brown suggested that the City try approving u -turns at the Tierra Rejada Road intersection instead of the left turn cut in the median for six months. Dirk Lovett confirmed that is an option. Councilmember Wozniak stated that if the left turn access from Tierra Rejada Road is not allowed, it may force traffic onto Southampton Road which is undesirable because it is a quiet, residential street. "6. Discuss the sales tax leakage from the City." The Council stated that the information provided in response to this request was adequate. "7. The City Council requested a map showing the location of the fault and requested staff to contact Tom Blake of Fugro West to request a discussion regarding earthquake faults." Mayor Lawrason said the map that has been provided to the Council shows the south end of the fault zone 50 feet from the wall of the day care center which satisfies the Uniform Building Code standards. He continued by stating that seismic safety is a continuing concern. 8. Discuss whether liquefaction, the stream on the groundwater level would create development problems for the proposed development." Mayor Lawrason said the staff report indicates that the structures will be built over soil where the density is sufficient and liquefaction will not be a problem. The Council indicated that the information provided in the staff report was adequate. "9. Grading." Mr. Hare said there will be more hauling than expected for this project due to the installation of the gas tanks if the gas station is approved. Mayor Lawrason closed the public hearing. Councilmember Wozniak stated that he supports the hours of operation as being 7:00 a.m. to 10:00 p.m. Minutes of the City Council Moorpark, California Page 7 May 23, 1996 Mayor Lawrason stated that the conditions need to ensure that no vacuuming or noise generation activity will take place on the site between the hours of 10:00 p.m. and 7 :00 a.m. Councilmember Brown stated that due to the nature of the day care center, the Council needs to determine other hours for them. Mayor Lawrason said we need to condition the day care center for hours of operation that are appropriate for them. CONSENSUS: By consensus, the Council determined that the hours of operation for the day care center will be 6:00 a.m. to 10:00 P.M. In response to Councilmember Perez, Mr. Kueny explained that the probability of the power lines being undergrounded in the near future is very small. Councilmember Wozniak said that if the power poles are allowed to remain in the project, they create an undesirable effect. Councilmember Perez said he is concerned with the "eleventh hour" aspect of this request of the applicant. He said something of this nature should have been noticed and addressed earlier in the process. CONSENSUS: By consensus, the Council determined to not condition the project to include undergrounding or relocation of the power poles above 66KVA on the proposed project site. Relative to Condition No. 117 of the CPD 95 -1, which deals with the construction of a left turn access into the proposed development from Tierra Rejada Road, the Council made the following motion: MOTION: Councilmember Brown moved and Mayor Lawrason seconded a motion to approve Condition No. 117 of CPD 95 -1 to delete the left turn median cut from Tierra Rejada Road into the proposed project and to allow u -turns on Tierra Rejada Road as proposed by the City Engineer and to include the following wording in the condition: "No median breaks shall be allowed on Tierra Rejada Road." Minutes of the City Council Moorpark, California Page 8 May 23, 1996 The motion carried by roll call vote 3 -2, Councilmembers Perez and Wozniak dissenting. Councilmember Perez stated that his reason for dissenting is because the lack of the left turn median will force traffic to traverse the residential street of Southampton Road and increase the traffic there unnecessarily. Relative to Condition No. 1. under Permitted Uses for CPD No. 95 -1, the following motion was heard: MOTION: Mayor Lawrason moved and Councilmember Wozniak seconded a motion to modify Condition No. 1 of the Permitted Uses to read as follows: "The permit is granted for the land and project as identified on the entitlement application form and as shown on the approved plot plans and elevations with the exception that the automobile service station use and associated building are not approved. The location and design of all site improvements shall be as shown on the approved plot plans and elevations except or unless indicatd otherwise herein in the following conditions. All proposed uses of these buildings shall be required to receive a Zoning Clearance from the Department of Community Development. The Department may determine that certain uses will require other types of entitlements or environmental assessment." The motion carried by roll call vote 4 -1, Councilmember Perez dissenting. Councilmember Perez stated that this has been a commercially zoned property with the permitted uses for a long time and he said the inclusion of the service station /mini mart are appropriate uses for this location. He said he thinks the project "as is" makes sense considering the layout of that part of the City and that the mix of uses in this proposal is less intense than in previous proposals. Councilmember Wozniak said he cannot support the gas station /mini mart because the community does not accept it. Councilmember Hunter stated he wants the alternative uses for the service station /mini mart pad reviewed because his concern is that a more intense use may be proposed for that location. Minutes of the City Council Moorpark, California Page 9 May 23, 1996 MOTION: Mayor Lawrason moved and Councilmember Wozniak seconded a motion to approve Condition Nos. 119, 120, 42 and 43 amended to read as follows: 11119. A raised median shall be constructed along the Spring Road property frontage. The median shall be designed to prevent left turn movements from the most southerly driveway onto Spring Road. Approval of the final design and construction of the median may be deferred until such time that final alignment of Spring Road, with the County's proposed connector, has been determined. The driveways on Spring Road shall be per Ventura County Plate E -2 and shall be 40 feet wide. The aprons shall be designed to provide a minimum 35 foot turning radius for each ingress and egress lane." 120. The driveway on Tierra Rejada Road shall be per Ventura County Plate E -2 and shall be 40 feet wide. The apron shall be designed to provide a minimum 35 foot turning radius for each ingress and egress lane." 42. A raised median shall be constructed along the Spring Road property frontage. The median shall be designed to prevent left turn movements from the most southerly driveway onto Spring Road. Approval of the final design and construction of the median may be deferred until such time that final alignment of Spring Road., with the County's proposed connector, has been determined. The driveways on Spring Road shall be per Ventura County Plate E -2 and shall be 40 feet wide. The aprons shall be designed to provide a minimum 35 foot turning radius for each ingress and egress lane." 43. The driveway on Tierra Rejada Road shall be per Ventura County Plate E -2 and shall be 40 feet wide. The apron shall be designed to provide a minimum 35 foot turning radius for each ingress and egress lane." The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 10 May 23, 1996 Councilmember Perez indicated that relative to the elevation of the buildings, he does not want to see any floor -to- ceiling glass design. In response to Council question, Mr. Kueny suggested that the sidewalk not be located adjacent to the curb and the landscaping plans include the approved location as determined by the Community Development Director. MOTION: Mayor Lawrason moved and Councilmember Hunter seconded a motion to not allow the sidewalk to be located adjacent to the curb and the landscaping plans to include the approved location as determined by the Community Development Director. The motion carried by voice vote 4 -1, Councilmember Brown dissenting. Councilmember Perez stated that he wants to make certain there is extensive landscaping to screen the site even at the corner so there is continuous landscaping. Paul Porter requested that the Council approve the staff's recommendation to approve the anticipated trips to the site and have the City Engineer approve the haul route at the time a grading permit is issued. MOTION: Mayor Lawrason moved and Councilmember Brown seconded a motion to grant authority to the City Engineer to approve the truck trips to the grading site and the haul route through the City at the time a grading permit is issued. The motion carried by unanimous voice vote. MOTION: Councilmember Wozniak moved and Mayor Lawrason seconded a motion to approve the Mitigated Negative Declaration and Mitigation Monitoring program, make the appropriate findings, and direct staff to prepare a resolution approving Commercial Planned Development 95 -1 and Tentative Parcel Map No. 5001 as modified by the City Council and to include editing changes as approved by the City Manager. The motion carried by unanimous voice vote. 4. PRESENTATIONS /ACTION /DISCUSSION: A. Consider Appointment of Council Ad Hoc Committee for Special Devices, Inc. (SDI) Development Agreement. MOTION: Mayor Lawrason moved and Councilmember Perez seconded a motion to appoint Mayor Lawrason and Councilmember Brown to serve as members of the Ad Hoc Committee for Special Devices, Inc. (SDI) Development Agreement. The motion carried by unanimous voice vote. Minutes of the City Council Moorpark, California Page 11 May 23, 1996 B. Consider Participation in Economic Development Collaborative of Ventura County (EDCVC). Staff Recommendation: Authorize the Mayor to sign the Articles of Incorporation but approve no funding. Mr. Kueny gave the staff report. MOTION: Councilember Perez moved and Councilmember Hunter moved to authorize the Mayor to sign the Articles of Incorporation but approve no funding. The motion carried by 4 -1 voice vote, Councilmember Brown dissenting. Councilmember Brown commented that she could not support the motion when a privately funded group already existed to support Ventura County economic development. 5. ADJOURNMENT: MOTION: Councilmember Wozniak moved and Councilmember Perez seconded a motion to adjourn the meeting. The motion carried by unanimous voice vote. Mayor Lawrason adjourned the meeting at 11:53 p.m. Paul W. La ason Jr, 'mayor ATTRgT