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HomeMy WebLinkAboutAG RPTS 2005 1025 PC REGResolution No. PC- 2005 -490 PLANNING COMMISSION REGULAR MEETING AGENDA TUESDAY - OCTOBER 25, 2005 7:00 P.M. Moorpark Community Center 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 799 Moorpark Avenue 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: 5. REORDERING OF, AND ADDITIONS TO THE AGENDA: 6. CONSENT CALENDAR: A. Regular Meeting Minutes of August 23, 2005. B. Regular Meeting Minutes of September 27, 2005. 7. PUBLIC COMMENTS: --------------------------------------------------------------------------------------------------------------------------- Any member of the public may address the Commission during the Public Comments portion of the Agenda, unless it is a Public Hearing or a Discussion item. Speakers who wish to address the Commission concerning a Public Hearing or Discussion item must do so during the Public Hearing or Discussion portion of the Agenda for that item. Speaker cards must be received by the Secretary for Public Comment prior to the beginning of the Public Comments portion of the meeting and for Discussion items prior to the beginning of the first item of the Discussion portion of the Agenda. Speaker Cards for a Public Hearing must be received prior to the beginning of the Public Hearing. A limitation of three minutes shall be imposed upon each Public Comment and Discussion item speaker. A limitation of three to five minutes shall be imposed upon each Public Hearing item speaker. Written Statement Cards may be submitted in lieu of speaking orally for open Public Hearings and Discussion items. Copies of each item of business on the agenda are on file in the office of the Community Development Department /Planning and are available for public review. Any questions concerning any agenda item may be directed to the Community Development Department at 517 -6233. Planning Commission Agenda October 25, 2005 Page No. 2 8. PUBLIC HEARINGS: (next Resolution No. 2005 -490) A. Consider General Plan Amendment No. 2004 -05, Zone Change No. 2004 -04, and Residential Planned Development No. 2004 -06 to Allow Construction of 200 Apartments on Approximately 10.57 Acres South of Casey Road and West of Walnut Canyon Road on the Application of Essex Portfolio, L.P. (Continued from September 27, 2005 meeting) (Staff: David Bobardt) Staff Recommendation: Take public testimony, and continue the item with the public hearing still open to November 22, 2005. B. Consider General Plan Amendment No. 2004 -06, Zone Change No. 2004 -05, Tentative Tract Map No. 5576 and Residential Planned Development No. 2004 -07 to Allow Construction of 56 Single- Family Homes with Street Access from Park Lane and Preservation of the Birkenshaw House for Public Use at 251 Moorpark Avenue, on the Application of Comstock Homes (Continued from September 27, 2005 meeting) (Staff: David Bobardt) Staff Recommendation: Take public testimony, and continue the item with the public hearing still open to November 22, 2005. C. Consider Tentative Parcel Map No. 5647 to Subdivide a 15,015 Square -Foot Parcel at 363 Bonnie View Street into Two Parcels of 6,004 Square -Feet and 9,011 Square -Feet, on the Application of Joseph Vogel (Staff: Joseph Fiss) Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC -2005- approving Tentative Parcel Map No. 5647. D. Consider Modification No. 1 to Residential Planned Development No. 965, to Remove an Existing Freestanding Spire and Add a New Thirty -Six Foot (361) High Steeple, With a Four -Foot (4') High Finial, on the Ridgeline of the Roof of an Existing Church \ \Mor _pri_sery \City Share \Community Development \ADMIN \COMMISSION \AGENDA \2005 \05_1025 pca.doc Planning Commission Agenda October 25, 2005 Page No. 3 Building, for an Overall Height of Approximately Sixty -Nine Feet (69'), Located at 15351 Benwood Drive, on the Application of Richard Westwood for the Church of Jesus Christ of Latter -Day Saints (Staff: Joseph Fiss) Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC -2005- recommending to the City Council conditional approval of Modification No. 1 to Residential Planned Development No. 965. E. Consider Reauest for First Amendment to Development Agreement Established in Connection with a 41.51 Acre, Detached, Single - Family Residential Unit Project Located on the South Side of Los Angeles Avenue, West of Leta Yancy Road (Formerly Liberty Bell Road) (Tract 5053 and Tract 5204, Pacific Communities). (Staff: Laura Stringer) Staff Recommendation: 1) Open the public hearing and take testimony; and 2) Continue the matter, with the public hearing open, to the Planning Commission meeting of November 22, 2005. F. Consider Zoning Ordinance Amendment No. 2004 -03 Amending Section 17.08.010 Definitions for Farm Animal, Animal Husbandry, Pet Animal, Aviary, and Section 17.28.030 Standards Relating to Animal Keeping; to Provide Greater Clarity, Simplicity of Use, and to Adjust the Number of Dogs and Cats Allowed for Lots Five Acres or Larger. (Staff: Barry Hogan) Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC -2005- recommending to the City Council approval of Zoning Ordinance Amendment No. 2004 -03. 9. DISCUSSION ITEMS: \ \Mor _pri_sery \City Share \Community Development \ADMIN \COMMISSION \AGENDA \2005 \05_1025 pca.doc ITEM: 6.A. Planning Commission, City of Moorpark, California Minutes of August 23, 2005 Regular Meeting Paae 1 1 The Regular meeting of the Planning Commission was held on 2 August 23, 2005, in the City Council Chambers; Moorpark Civic 3 Center; 799 Moorpark Avenue; Moorpark, California; 93021. 4 1. CALL TO ORDER: 5 Chair Pozza called the meeting to order at 7:07 p.m. 6 2. PLEDGE OF ALLEGIANCE: 7 Commissioner DiCecco led the Pledge of Allegiance. 8 3. ROLL CALL: 9 Present: 10 11 12 Staff Present: 13 14 15 16 17 Commissioners DiCecco, Landis and Taillon, Vice -Chair Peskay and Chair Pozza Barry K. Hogan, Community Development Director; Mary Lindley, Parks, Recreation and Community Services Director; David Bobardt, Planning Manager; and Gail Rice, Administrative Assistant. 18 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: 19 None. 20 5. REORDERING OF, AND ADDITIONS TO THE AGENDA: 21 CONSENSUS: It was the consensus of the Commission to remove 22 Item 8.B. from the agenda because the applicant, Jose 23 Villalobos Rangel, had withdrawn the application. 24 6. CONSENT CALENDAR: 25 A. Special Meeting Minutes of June 14, 2005. 26 MOTION: Vice -Chair Peskay moved and Commissioner DiCecco 27 seconded a motion to approve Item 6.A., as amended, with a 28 correction to page 2, line 22 to remove the word 29 "unanimous" under the motion. (Motion carried by a 30 unanimous 5:0 voice vote.) 31 B. Regular Meeting Minutes of June 28, 2005. \ \Mor _pri_sery \City Share \Community Development \ADMIN \COMMISSION \MINUTES \2005 0 ,o.Q^i O IC-1 Draft \05_0823_pcm.doc Planning Commission, City of Moorpark, California Minutes of August 23, 2005 Regular Meeting e 2 1 MOTION: Commissioner DiCecco moved and Commissioner Landis 2 seconded a motion to approve Item 6.B. (Motion carried by a 3 unanimous 5:0 voice vote.) 4 7. PUBLIC COMMENTS: 5 None. 6 8. PUBLIC HEARINGS: 7 (next Resolution No. 2005 -485) 8 A. Consider General Plan Amendment No. 2004 -05, Zone 9 Change No. 2004 -04, and Residential Planned 10 Development No. 2004 -06 to Allow Construction of 200 11 Apartments on Approximately 10.57 Acres South of Casey 12 Road and West of Walnut Canyon Road on the Application 13 of Essex Portfolio, L.P. (Continued from June 28, 2005 14 meeting) (Staff: David Bobardt) 15 Staff Recommendation: Take public testimony, and 16 continue the item with the public hearing still open 17 to September 27, 2005. 18 Mr. Bobardt gave the staff report. 19 The Commission questioned staff on the zoning for the 20 property prior to submittal of the application. 21 Chair Pozza continued the public hearing open. 22 In response to Chair Pozza, Mr. Hogan stated there 23 were no speakers. 24 MOTION: Chair Pozza moved and Vice -Chair Peskay 25 seconded the motion to approve staff recommendation. 26 (Motion carried by a unanimous 5:0 voice vote.) 27 B. Consider Tentative Parcel Map No. 5589 for the 28 Subdivision of an Approximate 0.28 Acre Parcel located 29 at 14364 Princeton Avenue. Applicant: Jose Villalobos 30 Rangel (Staff: Laura Stringer) 31 Staff Recommendation: Remove Tentative Parcel Map No. 32 5589 from the agenda. 33 Item 8.B. was removed from the agenda under Item 5. 34 C. Consider General Plan Amendment No. 2004 -06, Zone 35 Change No. 2004 -05, Tentative Tract Map No. 5576 and 36 Residential Planned Development No. 2004 -07 to Allow \ \Mor _pri_sery \City Share \Community Development \ADMIN \COMMISSION \MINUTES \2005 Draft \05_0823 _pcm.doc 0 �`�!Z Planning Commission, City of Moorpark, California Minutes of August 23, 2005 Regular Meeting Paae 3 1 Construction of 56 Single - Family Homes with Street 2 Access from Park Lane and Preservation of the 3 Birkenshaw House for Public Use at 251 Moorpark 4 Avenue, on the Application of Comstock Homes (Staff: 5 David Bobardt) 6 Staff Recommendation: Open the public hearing and 7 take public testimony, and continue the item with the 8 public hearing open to September 27, 2005. 9 Mr. Bobardt gave the staff report. 10 Chair Pozza opened the public hearing. 11 Bob Comstock, applicant, spoke in favor of the 12 project. 13 Tiffany Mueller, applicant, spoke in favor of the 14 project. 15 Nancy Runkle, resident, stated her concern on 16 developer's commitment to build walls for privacy and 17 no access from this project to nearby residents. 18 The Commission questioned the applicant on north 19 facing windows, Park Lane, parking, setbacks, 20 Homeowner's Association, one -story models, affordable 21 housing component, preservation of the historical 22 site, addition of more landscaping, and architectural 23 details. 24 MOTION: Chair Pozza moved and Commissioner DiCecco 25 seconded a motion to approve staff recommendation. 26 (Motion carried by a unanimous 5:0 voice vote.) 27 D. Consider Zoning Ordinance Amendment No. 2005 -02 28 Amending the Moorpark Municipal Code by Adding Chapter 29 17.50 (Art in Public Places) (Staff: Mary R. Lindley) 30 Staff Recommendation: 1) Open the Public Hearing, 31 accept public testimony and close the Hearing; and 2) 32 Adopt Resolution No. PC -2005- recommending to the 33 City Council approval of Zoning Ordinance Amendment 34 No. 2005 -02, which adds Chapter 17.50 (Art in Public 35 Places) to the Moorpark Municipal Code. 36 Ms. Lindley gave the staff report. 37 The Commission questioned staff on administrative 38 costs, composition of and requirements of the Art in \ \Mor _pri_sery \City Share \Community Development \ADMIN \COMMISSION \MINUTES \2005 Draft \05_0823 _pcm.doc 0�� �00 Planning Commission, City of Moorpark, California Minutes of August 23, 2005 Regular Meeting Paae 4 1 Public Places Committee, timing for approval of 2 artwork, requirement for non - profit organizations, 3 performing arts in public places, calculation of fees 4 based on building valuation not building costs and 5 funding options. 6 Chair Pozza opened the public hearing. 7 In response to Chair Pozza, Mr. Hogan stated there 8 were no speakers. 9 Chair Pozza closed the public hearing. 10 MOTION: Commissioner Landis moved and Commissioner 11 DiCecco seconded a motion to approve staff 12 recommendation and adopt Resolution No. PC- 2005 -485 13 with the Commission's recommendations to City Council 14 on composition of the committee as recommended by the 15 Commission, flexibility in the funding (Section 16 17.50.060), to allow for an extension of time by the 17 Community Development Director (Section 17.50.090), 18 and clerical corrections. (Motion carried by a 19 unanimous 5:0 voice vote.) 20 9. DISCUSSION ITEMS: 21 None. 22 10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: 23 A. September 27, 2005 24 • RPD No. 04 -06; GPA No. 04 -05; ZC No. 04 -04 25 (Essex /Colmer) 26 • RPD No. 04 -07; GPA No. 04 -06; ZC No. 04 -05; TTM No. 27 5576 (Comstock) 28 • RPD No. 2004 -05; General Plan Amendment No. 2004 -03, 29 Zone Change No. 2004 -03, and TTM No. 5347 (Birdsall) 30 • ZOA No. 2004 -03 (Animal Keeping Ordinance) 31 Mr. Hogan briefly discussed future agenda items. \ \Mor _pri_serv\City Share \Community Development \ADMIN \COMMISSION \MINUTES \2005 Draft \05_0823 _pcm. doc 0 Q tl'' 0 0 41 Planning Commission, City of Moorpark, California Minutes of August 23, 2005 Regular Meeting Paste 5 1 11. ADJOURNMENT: 2 Commissioner Landis moved and Chair Pozza seconded the 3 motion to adjourn the meeting at 8:15 p.m. 4 5 Scott Pozza, Chair 6 ATTEST: 7 8 Barry K. Hogan, Community Development Director \ \Mor _pri_sery \City Share \Community Development \ADMIN \COMMISSION \MINUTES \2005 Draft \05_0823 _pcm. doc 0 C a`; 0 Cr. J ITEM: 6.B. Planning Commission, City of Moorpark, California Minutes of September 27, 2005 Regular Meeting 1 The Regular meeting of the Planning Commission was held on 2 September 27, 2005, in the City Council Chambers; Moorpark Civic 3 Center; 799 Moorpark Avenue; Moorpark, California; 93021. 4 1. CALL TO ORDER: 5 Chair Pozza called the meeting to order at 7 :05 p.m. 6 2. PLEDGE OF ALLEGIANCE: 7 Vice -Chair Peskay led the Pledge of Allegiance. 8 3. ROLL CALL: 9 Present: Commissioners DiCecco, Landis and 10 Taillon, Vice -Chair Peskay and Chair 11 Pozza 12 Staff Present: Barry K. Hogan, Community Development 13 Director, David Bobardt, Planning 14 Manager; Laura Stringer, Administrative 15 Services Manager; Joseph Fiss, 16 Principal Planner; Joseph Vacca, 17 Principal Planner; and Gail Rice, 18 Administrative Assistant. 19 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: 20 Chair Pozza welcomed new Principal Planner, Joseph Vacca. 21 5. REORDERING OF, AND ADDITIONS TO THE AGENDA: 22 None. 23 6. CONSENT CALENDAR: 24 None. 25 7. PUBLIC COMMENTS: 26 None. 27 8. PUBLIC HEARINGS: 28 A. Consider General Plan Amendment No. 2004 -05, Zone 29 Change No. 2004 -04, and Residential Planned 30 Development No. 2004 -06 to Allow Construction of 200 31 Apartments on Approximately 10.57 Acres South of Casey \ \Mor _pri_sery \City Share \Community Development \ADMIN \COMMISSION \MINUTES \2005 (� Draft \05_0927 _pcm.doc ��`[• Planning Commission, City of Moorpark, California Minutes of September 27, 2005 Regular Meeting e 2 1 Road and West of Walnut Canyon Road on the Application 2 of Essex Portfolio, L.P. (Continued from August 23, 3 2005 meeting) (Staff: David Bobardt) 4 Staff Recommendation: Take public testimony, and 5 continue the item with the public hearing still open 6 to October 25, 2005. 7 Mr. Bobardt gave the staff report. 8 Chair Pozza continued the public hearing open. 9 In response to Chair Pozza, Mr. Hogan stated there 10 were no speakers. 11 MOTION: Chair Pozza moved and Commissioner DiCecco 12 seconded a motion to continue the public hearing open 13 to the October 25, 2005 Regular Planning Commission 14 meeting. The motion carried by unanimous voice vote. 15 16 B. Consider General Plan Amendment No. 2004 -06, Zone 17 Change No. 2004 -05, Tentative Tract Map No. 5576 and 18 Residential Planned Development No. 2004 -07 to Allow 19 Construction of 56 Single- Family Homes with Street 20 Access from Park Lane and Preservation of the 21 Birkenshaw House for Public Use at 251 Moorpark 22 Avenue, on the Application of Comstock Homes 23 (Continued from August 23, 2005 meeting) (Staff: David 24 Bobardt) 25 Staff Recommendation: Take public testimony, and 26 continue the item with the public hearing still open 27 to October 25, 2005. 28 Mr. Bobardt gave the staff report. 29 Vice -Chair Peskay questioned staff regarding 30 sidewalks. 31 Chair Pozza continued the public hearing open. 32 In response to Chair Pozza, Mr. Hogan stated there 33 were no speakers. 34 MOTION: Chair Pozza moved and Commissioner Taillon 35 seconded a motion to continue the public hearing open 36 to the October 25, 2005 Regular Planning Commission 37 meeting. The motion carried by unanimous voice vote. \ \Mor _pri_sery \City Share \Community Development \ADMIN \COMMISSION \MINUTES \2005 Draft \05_0927 _pcm.doc 00 (to Planning Commission, City of Moorpark, California Minutes of September 27, 2005 Regular Meeting C 1 C. Consider Conditional Use Permit 2005 -02, to Allow the 2 On -Site Sale and Consumption of Alcoholic Beverages in 3 Conjunction With Food Service at a Proposed Restaurant 4 Within One Hundred Feet (100') of Residentially Zoned 5 Property, on the South Side of Los Angeles Avenue, 6 East of Park Lane (Staff: Joseph Fiss) 7 Staff Recommendation: 1) Open the public hearing, 8 accept public testimony and close the public hearing; 9 and 2) Adopt Resolution No. PC -2005- conditionally 10 approving Conditional Use Permit No. 2005 -02. 11 Mr. Fiss gave the staff report. 12 The Commission questioned staff regarding the 13 Department of Alcoholic Beverage Control (ABC) and 14 over - concentration of alcohol permits in census tract 15 7602, Fire Department review and conditioning, and 16 addition of a finding of public convenience and 17 necessity related to over - concentration of alcohol 18 permits in the census tract. 19 Chair Pozza opened the public hearing. 20 John Newton, applicant's representative, indicated he 21 was available for questions and that applicant 22 concurred on obtaining comments from the Fire 23 Department for the project. 24 Keith Palmquist, developer, indicated he was available 25 for questions. 26 Guss Salazar, owner- operator of Don Cuco's, indicated 27 he was available for questions. 28 The Commission had no questions of applicant. 29 Chair Pozza closed the public hearing. 30 The Commission questioned the hours of operation for 31 the restaurant and whether they were consistent with 32 other restaurants in the city. 33 MOTION: Commissioner Landis moved and Vice Chair 34 Peskay seconded a motion to approve staff 35 recommendation and adopt Resolution No. PC- 2005 -486 36 with the addition of a finding of public convenience 37 and necessity related to over - concentration of alcohol 38 permits in the census tract. The motion carried by 39 unanimous voice vote. \ \Mor _pri_sery \City Share \Community Development \ADMIN \COMMISSION \MINUTES \2005 Draft \05_0927 _pcm.doc OVOW-9 Planning Commission, City of Moorpark, California Minutes of September 27, 2005 Regular Meeting 4 1 Planning Commission approval of this item is final 2 unless appealed within ten (10) days. 3 4 D. Consider Commercial Planned Development (CPD) No. 5 2005 -03 to Allow Construction of a 15,505 Sq. Ft. 6 Office Building on One -Acre at 145 Park Lane on the 7 Application of Bob Gehricke (Staff: Joseph Fiss) 8 Staff Recommendation: 1) Open the public hearing, 9 accept public testimony and close the public hearing; 10 and 2) Adopt Resolution No. PC -2005- recommending 11 to the City Council conditional approval of Commercial 12 Planned Development Permit No. 2005 -03. 13 Mr. Fiss gave the staff report. 14 The Commissioner questioned staff regarding plans for 15 the removal of the house, proposed wall locations, 16 landscaping, lighting, and access from Unidos Avenue. 17 Chair Pozza opened the public hearing. 18 Bob Gehricke, applicant, commented on requirement for 19 connection to Unidos Avenue and suggested that 20 additional study was needed. 21 Art Rabano and Shelley Chilton, developers, questioned 22 the justification for a walkway to Unidos Avenue and 23 the timing of receipt of the request. 24 Mr. Hogan explained history of circulation and current 25 need for pedestrian connection from Unidos Avenue and 26 brief description of improvements that might be 27 needed. 28 The commission questioned staff further on 29 installation of a walkway for pedestrian use and 30 requested applicant work with staff prior to City 31 Council consideration. 32 Ms. Chilton, addressed Commission comments and 33 expressed concern that there did not appear to be a 34 benefit to the proposed connection. 35 Mr. Rabano requested that the project move along, but 36 wanted to express concern with the walkway 37 requirement. \ \Mor _pri_serv\City Share \Community Development \ADMIN \COMMISSION \MINUTES \2005 Draft \05_0927 _pcm.doc o000C9 Planning Commission, City of Moorpark, California Minutes of September 27, 2005 Regular Meeting 5 1 Mr. Hogan clarified the process for working with the 2 applicant prior to City Council consideration of the 3 matter. 4 Chair Pozza closed the public hearing. 5 The Commission discussed landscaping, pedestrian 6 access to the building on the south side, additional 7 pedestrian access to the site from Park Lane, internal 8 traffic circulation, storm water facilities and 9 architectural details. 10 Mr. Hogan commented on access and internal traffic 11 circulation. 12 Mr. Gehricke concurred with Commission recommendations 13 and indicated he would work with staff on 14 architectural details. 15 MOTION: Commissioner Landis moved and Commissioner 16 DiCecco seconded a motion to approve staff 17 recommendation and adopt Resolution No. PC- 2005 -487, 18 as amended, to clarify requirements for pedestrian 19 walkway to Unidos Avenue; and that staff work with the 20 applicant to include Commission recommendations. The 21 motion carried by unanimous voice vote. 22 E. Consider Modification No. 1 to Conditional Use Permit 23 No. 2002 -03 and Modification No. 1 to Conditional Use 24 Permit No. 2003 -03 to Increase the Size of Two 25 Microwave Dishes and for Additional Grading for 26 Construction of a Wireless Communications Facility on 27 an Existing Southern California Edison High Power 28 Transmission Tower, Located South of Tierra Rejada 29 Road on Open Space Area and Southwest of Brookhurst 30 Court, on the Application of Infranext, Inc. for 31 Cingular Wireless (Staff: David Bobardt) 32 Staff Recommendation: 1) Open the public hearing, 33 accept public testimony and close the public hearing; 34 and 2) Adopt Resolution No. PC -2005- approving 35 Modification No. 1 to Conditional Use Permit No. 2002- 36 03 and Modification No. 1 to Conditional Use Permit 37 No. 2003 -03, subject to conditions. 38 Mr. Bobardt gave the staff report. 39 The Commission questioned staff regarding the \ \Mor _pri_serv\City Share \Community Development \ADMIN \COMMISSION \MINUTES \2005 Draft \05_0927 _pcm.doc I CG01 C Planning Commission, City of Moorpark, California Minutes of September 27, 2005 Regular Meeting 0 1 requirement of a grading permit, requested a sign be 2 posted with an explanation what applicant was doing 3 with affirmation the site would be restored to its 4 original state after the grading was complete. 5 Chair Pozza opened the public hearing. 6 Anissa Youngblood, applicant's representative (for 7 Infranext, Inc.), stated the need to start grading 8 before the rainy season came. 9 Steve Graham, Bechtel Corporation, stated he was the 10 turnkey manager for T- mobile and Cingular and 11 indicated he was available for questions. 12 Chair Pozza closed the public hearing. 13 MOTION: Chair Pozza moved and Vice Chair Peskay 14 seconded a motion to approve staff recommendation and 15 adopt Resolution No. PC- 2005 -488, as amended to 16 include a requirement for signage on the site 17 regarding restoration of the site. The motion carried 18 by unanimous voice vote. 19 Planning Commission approval of this item is final 20 unless appealed within ten (10) days. 21 F. Consider Development Agreement No. 2004 -02 between the 22 City of Moorpark and Warehouse Discount Center in 23 connection with General Plan Amendment No. 2004 -04 and 24 Commercial Planned Development Permit No. 2004 -03 for 25 the Property Located on the East Side of SR 23, 26 Immediately North of New Los Angeles Avenue (Lot 1 of 27 Tract 5004) (Staff: Barry Hogan) 28 Staff Recommendation: 1) Open the public hearing, 29 accept public testimony and close the public hearing; 30 and 2) Adopt Resolution No. PC -2005- recommending 31 to the City Council approval of Development Agreement 32 No. 2004 -02. 33 Mr. Hogan gave the staff report. 34 The Commission questioned staff regarding legal 35 counsel review of the development agreement and tax 36 revenue requirements per Section 6.8. 37 Chair Pozza opened the public hearing. \ \Mor_pri_sery \City Share \Community Development \ADMIN \COMMISSION \MINUTES \2005 Draft \05_0927 _pcm.doc pE�a011 Planning Commission, City of Moorpark, California Minutes of September 27, 2005 Regular Meeting 7 1 Chuck Cohen, applicant's representative, stated he 2 changed his mind and did not wish to speak. 3 Chair Pozza closed the public hearing. 4 MOTION: Commissioner DiCecco moved and Chair Pozza 5 seconded a motion to approve staff recommendation and 6 adopt Resolution No. PC- 2005 -489. The motion carried 7 by unanimous voice vote. 8 9. DISCUSSION ITEMS: 9 None. 10 10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: 11 A. October 25, 2005 12 • RPD 2004 -06 (Essex) 13 • RPD 2004 -07 (Comstock) 14 • CPD 2005 -01 (Sheshebor) 15 • TPM 5647 (Vogel) 16 • RPD 965 Mod. 1 (R. Westwood) 17 • RPD 2004 -05; T 5347, GPA 2004 -03; ZC 2004 -03 18 (Birdsall) 19 • DA 1998 -02 - 1st Amendment (Pacific Communities) 20 • ZOA 2004 -03 - Animal Keeping Ordinance 21 Mr. Hogan briefly discussed future agenda items and 22 announced that Country Days is Saturday - October 1, 2005, 23 and the theme is "A Mammoth Celebration." Downtown High 24 Street and Poindexter will be closed to through traffic. 25 The parade starts at 10:30 a.m. Assembly of participants 26 and vehicles will be staged at Chaparral school. S: \Community Development \ADMIN \COMMISSION \MINUTES \2005 Draft \05_0927 _pcm.doc 0 �?_;' Planning Commission, City of Moorpark, California Minutes of September 27, 2005 Regular Meeting Pane 8 1 11. ADJOURNMENT: 2 Chair Pozza moved and Commissioner Landis seconded the 3 motion to adjourn the meeting at 8:22 p.m. 4 5 6 Scott Pozza, Chair 7 ATTEST: 8 9 Barry K. Hogan, Community Development Director S: \Community Development \ADMIN \COMMISSION \MINUTES \2005 Draft \05_0927 _pcm.doc ; 0 fit- ITEM: 8.A. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Directo �� Prepared By: David A. Bobardt, Planning Man e DATE: October 18, 2005 (PC Meeting of 10/25/2005) SUBJECT: Consider General Plan Amendment No. 2004 -05, Zone Change No. 2004 -04, and Residential Planned Development No. 2004 -06 to Allow Construction of 200 Apartments on Approximately 10.57 Acres South of Casey Road and West of Walnut Canyon Road on the Application of Essex Portfolio, L.P. BACKGROUND /DISCUSSION On September 27, 2005, the Planning Commission continued this agenda item with the public hearing open to October 25, 2005, to allow the applicant time to resolve outstanding project issues. Those issues have not yet been resolved and additional time is needed. STAFF RECOMMENDATION Take public testimony, and continue the item with the public hearing still open to November 22, 2005. \ \Mor_pri_sery \City Share \Community Development \DEV PMTS \R P D \2004 -06 Essex Apts.(old hY�SkY�j�'t� �J A school) \Agenda Rpts \PC051025 Staff Report.doc [� ti 1 ITEM: 8.11. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Direc;4f_ o Prepared By: David A. Bobardt, Planning Man a DATE: October 18, 2005 (PC Meeting of 10/25/2005) SUBJECT: Consider General Plan Amendment No. 2004 -06, Zone Change No. 2004 -05, Tentative Tract Map No. 5576 and Residential Planned Development No. 2004 -07 to Allow Construction of 56 Single - Family Homes with Street Access from Park Lane and Preservation of the Birkenshaw House for Public Use at 251 Moorpark Avenue, on the Application of Comstock Homes BACKGROUND /DISCUSSION On September 27, 2005, the Planning Commission continued this agenda item with the public hearing open to October 25, 2005, to allow the applicant time to resolve outstanding project issues. Those issues have not yet been resolved and additional time is needed. STAFF RECOMMENDATION Take public testimony, and continue the item with the public hearing still open to November 22, 2005. \ \Mor _pri_serv\City Share \Community Development \DEV PMTS \R P D \2004 -07 Comstock Homes \Agenda0 ()4._-1()1 5 Rpts \PC051025 Staff Report.doc ITEM: 8.C. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Dire o Prepared by Joseph Fiss, Principal Planner DATE: October 6, 2005 (PC Meeting of 10/25/05) SUBJECT: Consider Tentative Parcel Map No. 5647 to Subdivide a 15,015 Square -Foot Parcel at 363 Bonnie View Street into Two Parcels of 6,004 Square -Feet and 9,011 Square -Feet, on the Application of Joseph Vogel BACKGROUND On September 12, 2005, an application was submitted for Tentative Parcel Map No. 5647, to subdivide a 15,015 square -foot parcel at 363 Bonnie View Street into two parcels. Under the Subdivision Map Act and the City's Subdivision Ordinance, a Parcel Map is subject to Planning Commission consideration. DISCUSSION Project Setting Existing Site Conditions: The existing 15,015 square foot parcel is currently improved with an existing single family home. Previous Applications: The single story home with attached garage was approved for construction on April 30, 2002. The structure is essentially complete, but has not yet obtained a final inspection for occupancy. \ \Mor _pri_sery \City Share \Community Development \DEV PMTS \T P M \5697 Vogel \Agenda Rpts \PC Aq d� '(CAI Report.doc V �' �-: it .L Honorable Planning Commission October 25, 2005 Page 2 GENERAL PLAN/ZONING Direction General Plan Zoning Land Use Downtown Specific Site Plan/Medium R-1 (Single- Single-famil Density Residential famil Residential) Dwelling (4-6 d.u./acre) Medium Density R-1 (Single- North Residential Unimproved famil (4 d.u./ Residential) acre) Downtown Specific South Plan/Medium R-1 (Single- Single-famil Density Residential famil Residential) Dwelling (4-6 d. u. /acre) Downtown Specific East Plan/Medium R-1 (Single- Single-famil Density Residential fa ily Residential) Dwelling (4-6 d.u./acre) Downtown Specific West Plan/Medium R-1 (Single- Single-famil Density Residential family Residential) Dwelling (4-6 d.u./acre) General Plan and Zonina Consistencv: The proposal General Plan housing types community." T opportunities historic core ensures that Goal 3 of the Land Use Element of the is implemented. Goal 3 is to "Provide a variety of and opportunities for all economic segments of the ie proposal furthers this goal by providing additional for residential infill development within the of the City. O(Wioir1 Honorable Planning Commission October 25, 2005 Page 3 The project site is within the City of Moorpark Downtown Specific Plan. The proposed lot is within the area that has been designated as "Single Family Residential" under this plan. The Tentative Parcel Map and proposed use are consistent with the goals and requirements of the Zoning Code and the Specific Plan. Project Summary Tentative Tract /Parcel Map No. 5647: Parcel No. Size (in acres) Size (in sq. ft.) 1 0.138 6,004 2 Total 0.207 9,011 0.345 15,015 Proposed Project The existing home was constructed in such a manner as to allow the subdivision of the lot for construction of an additional home on a flag lot to the rear. The proposed lot sizes and configuration allow for such construction, consistent with setbacks and other development standards. Any future development of this lot will require City review to determine City permits, permit fees, and development fees that will be required. No significant areas of concern related to this Parcel Map have been identified. Findings The Planning Commission has original authority over Tentative Parcel Maps. Action by the Planning Commission is final, unless appealed to the City Council within ten (10) days of the Planning Commission's decision. Based upon the review and analysis of the project as proposed, staff recommends the following findings for the Planning Commission: A. The proposed map is consistent with the City's General Plan, in that the resulting lot sizes will be in keeping with the minimum sizes established by the City of Moorpark Downtown Specific Plan. B. The design and improvements of the proposed subdivision are consistent with the applicable General Plan, in that the character of the neighborhood as envisioned in the General Plan will be preserved. 000013 Honorable Planning Commission October 25, 2005 Page 4 C. The site is physically suitable for the type of development proposed, in that the site has been prepared for development of a single family dwelling, will require minimal grading, and has adequate access and utility service. D. The site is physically suitable for the proposed development, in that the size of the pad area on the subject property is such that the creation of one (1) additional lot as proposed in this request can be accommodated without major alteration of existing terrain. E. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage, in that the site already exists in a disturbed state, and the creation of one (1) additional lot as proposed in this request can be accommodated without major alteration of existing terrain. F. The design of the subdivision and the type of improvements are not likely to cause serious public health problems, in that public sanitation services are available to the subject property, and will be required to meet the current City standards. G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision, in that no easements exist which will be adversely affected by the subdivision of land on the subject property. H. There will be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 13000 et seq., in that no community sewer system exists or is proposed on the property. I. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake, or reservoir, in that the subject property is situated in a hillside area away from natural drainage courses or other bodies of water. PROCESSING TIME LIMITS Time limits have been established for the processing of development projects under the Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the Subdivision Map Act (Government Code Title 7, Division 2), and the California Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13, and California Code of Regulations, Title 14, Chapter 3) . Under the 0000 Honorable Planning Commission October 25, 2005 Page 5 applicable provisions of these regulations, the following timelines have been established for action on this project: Date Application Determined Complete: September 30, 2005 Planning Commission Action Deadline: November 19, 2005 (fifty days) Upon agreement by the City and Applicant, one 90 -day extension can be granted to the date action must be taken on the application. ENVIRONMENTAL DETERMINATION In accordance with the City's environmental review procedures adopted by resolution, the Community Development Director determines the level of review necessary for a project to comply with the California Environmental Quality Act (CEQA). Some projects may be exempt from review based upon a specific category listed in CEQA. Other projects may be exempt under a general rule that environmental review is not necessary where it can be determined that there would be no possibility of significant effect upon the environment. A project which does not qualify for an exemption requires the preparation of an Initial Study to assess the level of potential environmental impacts. The Director has reviewed this project and found it to be Categorically Exempt in accordance with Section 15315 (Minor Land Divisions - Class 15) of the California Code of Regulations (CEQA Guidelines). No further environmental documentation is required. STAFF RECOMMENDATION 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC -2005- approving Tentative Parcel Map No. 5647. ATTACHMENTS: 1. Location Map 2. Parcel Map No. 5647 3. Draft PC Resolution with Conditions of Approval to 0 H H n x H N W, 0` (t1l f..k %..nMRL. �%7 %J I R"" I Location Map to 0 H H n x H N O ra RESOLUTION NO. PC -2005- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. 5647 TO SUBDIVIDE A 15,015 SQUARE - FOOT PARCEL AT 363 BONNIE VIEW STREET INTO TWO (2) PARCELS, ON THE APPLICATION OF JOSEPH VOGEL WHEREAS, at a duly noticed public hearing on October 25, 2005, the Planning Commission considered Tentative Parcel Map NO. 5647 on the application of Joseph Vogel, to subdivide a 15,015 square -foot parcel at 363 Bonnie View Street into two parcels of 6,004 square feet and 9,011 square feet; and WHEREAS, at its meeting of October 25, 2005 the Planning Commission considered the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal; and reached a decision on this matter; and WHEREAS, the Planning Commission concurs with the Community Development Director's determination that this project is Categorically Exempt from the provisions of CEQA pursuant to Section 15315 as a Class 15 exemption for Minor Land Divisions NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. SUBDIVISION MAP ACT FINDINGS: Based on the information set forth in the staff report(s) and accompanying maps and studies, the Planning Commission has determined that the Tentative Parcel Map, with imposition of the attached Conditions of Approval, meets the requirements of California Government Code Sections 66473.5, 66474, 66474.6, and 66478.1 et seq., in that: A. The proposed map is consistent with the City's General Plan, in that the resulting lot sizes will be in keeping with the minimum sizes established by the City of Moorpark Downtown Specific Plan. B. The design and improvements of the proposed subdivision are consistent with the applicable General Plan, in that the character of the neighborhood as envisioned in the General Plan will be preserved. \ \Mor _pri_serv\City Share \Community Development \DEV PMTS \T P M \5647 Vogel \Reso \PC Reso.doc PC ATTACHMENT 3 Resolution No. PC -2005- Page 2 C. The site is physically suitable for the type of development proposed, in that the site has been prepared for development of a single family dwelling, will require minimal grading, and has adequate access and utility service. D. The site is physically suitable for the proposed development, in that the size of the pad area on the subject property is such that the creation of one (1) additional lot as proposed in this request can be accommodated without major alteration of existing terrain. E. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage, in that the site already exists in a disturbed state, and the creation of one (1) additional lot as proposed in this request can be accommodated without major alteration of existing terrain. F. The design of the subdivision and the type of improvements are not likely to cause serious public health problems, in that public sanitation services are available to the subject property, and will be required to meet the current City standards. G. The design of the subdivision and the type of improvements will not conflict with easements acquired by the public at large, for access through, or use of the property within the proposed subdivision, in that no easements exist which will be adversely affected by the subdivision of land on the subject property. H. There will be no discharge of waste from the proposed subdivision into an existing community sewer system in violation of existing water quality control requirements under Water Code Section 13000 et seq., in that no community sewer system exists or is proposed on the property. I. The proposed subdivision does not contain or front upon any public waterway, river, stream, coastline, shoreline, lake, or reservoir, in that the subject property is situated in a hillside area away from natural drainage courses or other bodies of water. SECTION 2. PARCEL MAP APPROVAL: The Planning Commission hereby approves Tentative Parcel Map No. 5647 subject to the Conditions of Approval included in Exhibit A, attached hereto and incorporated herein by reference. Resolution No. PC -2005- Page 3 SECTION 3. CERTIFICATION OF ADOPTION: The Community Development Director shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: NOES: ABSTAIN: ABSENT: PASSED, AND ADOPTED this 25th day of October, 2005. Scott Pozza, Chair ATTEST: Barry K. Hogan Community Development Director Exhibit A - Special and Standard Conditions of Approval © x'0 25 Resolution No. PC -2005- Page 4 EXHIBIT A CONDITIONS OF APPROVAL FOR PARCEL MAP NO. 5647 1. This approval is for a Tentative Parcel Map only. Any further development of the property will require City review to determine city permits, permit fees, and development fees that will be required. 2. All conditions, restrictions, requirements, and easements associated with the City of Moorpark Downtown Specific Plan will continue to apply to both newly created parcels, except as modified by the conditions herein. 3. Within thirty (30) calendar days of approval of this subdivision, the applicant shall sign and return to the Planning Division an Affidavit of Agreement and Notice of Entitlement Permit Conditions of Approval, indicating that the applicant has read and agrees to meet all Conditions of Approval of this subdivision. The Affidavit of Agreement /Notice shall include a legal description of the subject property, and have the appropriate notary acknowledgement suitable for recordation. The Final Map shall include the final Conditions of Approval and a reference to the adopted City Council resolution in a format acceptable to the Community Development Director. 4. Approval of this subdivision shall expire one (1) year from the date of its approval unless a Final Map or Parcel Map is recorded or the approval time is extended. The Community Development Director may, at his /her discretion, grant up to two (2) additional 1 -year extensions for Map recordation, if there have been no changes in the adjacent areas and if the applicant can document that he /she has diligently worked towards Map recordation during the initial period of time. The request for extension of this Map shall be made in writing, at least thirty (30) days prior to the expiration date of the permit and shall be accompanied by a similar request for time extension of the Planned Development Permit and applicable entitlement processing deposits. 5. The Conditions of Approval of this subdivision and all provisions of the Subdivision Map Act, City of Moorpark Municipal Code and adopted City policies at the time of the QV�'0 Resolution No. PC -2005- Page 5 subdivision approval supersede all conflicting notations, specifications, dimensions, typical sections and the like which may be shown on said Map. 6. Conditions of this entitlement shall not be interpreted as permitting or requiring any violation of law or any unlawful rules or regulations or orders of an authorized governmental agency. 7. The applicant shall defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void, or annul any approval by the City or any of its agencies, departments, commissions, agents, officers, or employees concerning the subdivision, which claim, action or proceeding is brought within the time period provided therefore in Government Code Section 66499.37. The City will promptly notify the subdivider of any such claim, action or proceeding, and, if the City should fail to do so or should fail to cooperate fully in the defense, the subdivider shall not thereafter be responsible to defend, indemnify and hold harmless the City or its agents, officers and employees pursuant to this condition. a. The City may, within its unlimited discretion, participate in the defense of any such claim, action or proceeding if both of the following occur: i. The City bears its own attorney fees and costs; ii. The City defends the claim, action or proceeding in good faith. b. The applicant shall not be required to pay or perform any settlement of such claim, action or proceeding unless the settlement is approved by the applicant. The applicant's obligations under this condition shall apply regardless of whether a Final Map is ultimately recorded with respect to the subdivision. s. If any of the conditions or limitations of this approval are held to be invalid, that holding shall not invalidate any of the remaining conditions or limitations set forth. 9. Prior to or concurrently with the approval of the Parcel Map, the applicant shall submit to the City Engineer the City's electronic image conversion fee for the Parcel Map. OCT10 27 Resolution No. PC -2005- Page 6 Please contact the ENGINEERING DEPARTMENT for compliance with the following conditions: 10. The Final Map shall be prepared in accordance with, "Guide for the Preparation of Tract maps, Parcel Maps and Records of Survey /Corner Records" as published by the Public Works Agency of the County of Ventura. The various jurats /notary acknowledgements and certificates shall be modified as appropriate to reflect the jurisdiction of the City and the location of the subdivision within the City. The Final Map shall provide that each lot corner shall be monumented and that each street centerline intersection, tangent point and terminus shall be monumented with Ventura County Road Standard survey monument plate E -4. Street monuments shall be intervisible. The E -4 monument disk stamping shall read, "City of Moorpark" and shall be center punched to show the corner and stamped with the registration or license number of the professional responsible for its location. ii. Concurrently with the submittal of the Final Map the applicant shall submit a current preliminary title report to the City Engineer, which clearly identifies all interested parties, lien holders, lenders and all other parties having any record title interest in the real property being subdivided. The preliminary title report shall identify the holders of any easements that affect the subdivision and shall contain the vesting deeds of ownership and easements. Thirty (30) days prior to the submittal of the Final Map Mylare sheets, the applicant shall provide the City Engineer a subdivision guarantee policy of the property within the Final Map and preliminary title report for each area of easement proposed to be obtained for grading or construction of improvements. 12. Prior to, or concurrently with, the submittal of the Final Map the applicant shall provide written evidence to the City Engineer that a copy of the conditionally approved Tentative Map, together with a copy of Section 66436 of the State Subdivision Map Act, has been transmitted to each public entity or public utility that is an easement holder of record. The applicant shall obtain subordination of senior rights of easement from any such public utility in favor of the City. 13. Prior to Final Map approval and upon submittal of the Final Map Mylar° sheets, the applicant shall provide the City Engineer electronic files of the Final Map, complete in 000,'023 Resolution No. PC -2005- Page 7 every fashion except for signatures, in a format satisfactory to the City Engineer. 14. Upon recordation of the Final Map(s) the applicant shall forward a photographic process copy on 3 -mil polyester film of the recorded Map(s) to the City Engineer. 15. All lot -to -lot drainage easements or secondary drainage easements shall be delineated on the Final Map. Assurance in the form of an agreement shall be provided to the City that these easements shall be adequately maintained by property owners to safely convey stormwater flows. Said agreement shall be submitted to the City Engineer for review and approval and shall include provisions for the owners association to maintain any private storm drain not maintained by a City Assessment District in conformance with the National Pollution Discharge Elimination System (NPDES) and shall be a durable agreement that is binding upon each future property owner of each lot. Please contact the VENTURA COUNTY FIRE PROTECTION DISTRICT for compliance with the following conditions: 16. At least fourteen (14) days prior to recordation of any Maps, including Parcel Map Waivers, the applicant shall submit two (2) copies of the Map to the Fire Prevention Division for review and approval. 17. Within seven (7) days of the recordation of the Final Map(s), an electronic version of the Map shall be provided to the Fire District. 18. Prior to Final Map, the applicant shall provide to the Fire District, written verification from the water purveyor that the water purveyor can provide the required fire flow, as determined by the Fire District. Please contact the VENTURA COUNTY WATERSHED PROTECTION DISTRICT for compliance with the following conditions: 19. No direct storm drain connections to Ventura County Flood Control District facilities will be allowed without appropriate Best Management Practices (BMP's) for compliance with Ventura Countywide Stormwater Program. - END - () C C0A2 9 TO: FROM: ITEM: 8.D. MOORPARK PLANNING COMMISSION AGENDA REPORT Honorable Planning Commission Barry R. Hogan, Community Development Dire r Prepared by Joseph Fiss, Principal Planner 1 DATE: October 11, 2005 (PC Meeting of 10/25/05) SUBJECT: Consider Modification No. 1 to Residential Planned Development No. 965, to Remove an Existing Freestanding Spire and Add a New Thirty -Six (361) Foot High Steeple, With a Four (41) Foot High Finial, on the Ridgeline of the Roof of an Existing Church Building, for an Overall Height of Approximately Sixty -Nine (691) Feet, Located at 15351 Benwood Drive, on the Application of Richard Westwood for the Church of Jesus Christ of Latter -Day Saints BACKGROUND On July 26, 2005, an application for a Modification to a Residential Planned Development Permit at 15351 Benwood Drive was filed to allow the replacement of a freestanding spire at an existing church with a new forty (40') foot high steeple and finial to be placed on the church building roof ridgeline, creating an overall building height of approximately sixty -nine (691) feet. DISCUSSION Project Setting Existing Site Conditions: The 2.763 acre site contains an approximately 15,000 square foot one story place of worship and associated parking. The existing building is slightly less than twenty -nine (29') feet in height and is built in a "California Ranch" style of architecture. A ground mounted spire, approximately thirty -nine (391) feet in height exists on the east side of the building. \ \Mor _pri_serv\City Share \Community Development \DEV PMTS \R P D \965 Mormon Church \Mod 1 \Agenda Rpts \PC Agenda Report.doc 00,0030 Honorable Planning October 25, 2005 Page 2 Commission Previous Applications: The original structure and spire was approved under Residential Planned Development No. 965 on July 20, 1983, shortly after City incorporation. The project was originally approved by the County of Ventura under Planned Development (PD) No. 965. GENERAL PLAN /ZONING Direction General Plan Zoning Land Use M- Medium Residential Site Density Planned place of Worship Residential Development (RPD) Residential North S- School Planned Elementary School Development (RPD) M- Medium Residential South Density Planned Single Family Residential Development Residential (RPD) M- Medium Residential Religious East Density Planned Education Residential Development Building (RPD) M- Medium Residential West Density Planned Single Family Residential Development Residential (RPD) General Plan and Zoning Consistency: The Residential Planned Development (RPD) zoning designation of the site allows residential uses and other compatible public and quasi - public uses such as schools and places of worship. The purpose of the RPD zone is to provide areas for communities which will be developed utilizing modern land planning and unified design techniques. Building heights in the RPD Zone are established through the RPD permit process. Goal 17 of the Moorpark General Plan Land Use Element is to "Enhance the physical and visual image of the community." Several policies enumerated within this section are pertinent to the analysis of this proposed RPD Permit Modification, specifically as follows: 000031 Honorable Planning Commission October 25, 2005 Page 3 Policy 17.1: New development shall be compatible with the scale and visual character of the surrounding neighborhood. Policy 17.5: New development should incorporate a variety of landscape architecture themes and techniques to help organize and delineate land uses and to enhance the overall visual quality of the City. Policy 17.7: Design features which provide visual relief and separation shall be required between land uses of conflicting character. Project Summary The applicant is proposing to remove an existing ground mounted spire which is approximately thirty -nine feet (39') high, and add a new thirty -six (361) foot high steeple with a four (41) foot finial on the ridgeline of the roof of the existing church building, which is slightly less than twenty -nine (291) feet in height, to create an overall building height of approximately sixty -nine (691) feet. Proposed Project Architecture: As mentioned above, the building is built in a "California Ranch" style, with simple roof lines that are low in proportion to the width of the building. This style of architecture is common for this type of building due to the flexibility of the floor plan and compatibility with surrounding residential uses. The addition of a steeple of this height substantially changes the compatibility of the building in relation to the surrounding neighborhood. This is discussed in detail below. ANALYSIS Issues Staff analysis of the proposed project has identified the following area for Planning Commission consideration in their recommendation to the City Council: • Neighborhood Compatibility The surrounding neighborhood is characterized by low intensity land uses, none exceeding two (2) stories (less than thirty (301) feet) 000032 Honorable Planning Commission October 25, 2005 Page 4 in height, including the building in question. A building with a steeple element, that combined rise nearly seven (7) stories in height, would be inappropriate in this setting. The existing building is relatively close to adjacent single- family residences and such an element would disrupt views and the residential nature of the neighborhood. The following table compares this proposal with other places of worship in Moorpark of similar scale: Building Height Zoning Sensitive Land Uses Church of 69' proposed to top Residential Adjacent to Jesus Christ of the finial on Planned residences of Latter the steeple Development on Benwood Day Saints Drive (Project Site) Holy Cross 40' to top of cross Rural Exclusive Separated Catholic on top of dome from Church residences by Spring Road Moorpark 35' to top of Residential Separated Presbyterian sanctuary / 48' 6" Planned from Church to top of bell Development residences tower (approved, by Spring sanctuary under Road construction) The subject building has been used continuously as a place of worship since its construction. The approval, denial, or conditional approval of this application will not interfere with the continued operation of this facility. Further, the applicant has not indicated that this architectural feature is necessary for religious exercise in this facility, merely, that this is an application solely for architectural changes to the structure. Under the Religious Land Use and Institutionalized Persons Act of 2000, local governments are prohibited from applying generally applicable land use laws to buildings used for religious purposes. The law specifically states, "No government shall impose or implement a land use regulation in a manner that imposes a substantial burden on the religious exercise of a person, including a religious assembly or institution, unless the government 000033 Honorable Planning Commission October 25, 2005 Page 5 demonstrates that imposition of the burden on that person, assembly, or institution — (A) is in furtherance of a compelling governmental interest; and (B) is the least restrictive means of furthering that compelling governmental interest." Restricting buildings and structures to a reasonable height, in the context of their neighborhood and the surrounding community is a compelling governmental interest. Further, conditionally approving a specific design, at a public hearing, consistent with the laws and practices of the City of Moorpark is the least restrictive means of furthering that compelling government interest while openly making decisions which affect the public interest. Given typical steeple installations, building massing, neighborhood compatibility and the permitted height of other similar structures within Moorpark, staff believes that the appropriate height of this building, including the steeple and finial, should be no higher than fifty (50') feet. This restriction is recommended as a condition of approval. FINDINGS FOR PERMIT MODIFICATION 1. The proposed steeple is not a substantial or fundamental change to approved Residential Planned Development Permit No. 965 in that it provides architectural ornamentation to an existing building without changing the overall architecture or use of the building. 2. The proposed steeple, as conditioned, would not have a substantial adverse impact on surrounding properties and would not create the need for additional environmental documentation in that the scale of the steeple, if limited to a maximum of fifty (50') feet in height, would not be out of scale with surrounding development so as to have the potential to create visual impacts on the neighborhood. PROCESSING TIME LIMITS Time limits have been established for the processing of development projects under the Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the Subdivision Map Act (Government Code Title 7, Division 2), and the California Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13, and California Code of Regulations, Title 14, Chapter 3). Under the 000034 Honorable Planning Commission October 25, 2005 Page 6 applicable provisions of these regulations, the following timelines have been established for action on this project: Date Application Determined Complete: October 12, 2005 Planning Commission Action Deadline: N/A City Council Action Deadline: December 11, 2005 Upon agreement by the City and Applicant, one 90 -day extension can be granted to the date action must be taken on the application. ENVIRONMENTAL DETERMINATION In accordance with the City's environmental review procedures adopted by resolution, the Community Development Director determines the level of review necessary for a project to comply with the California Environmental Quality Act (CEQA) . Some projects may be exempt from review based upon a specific category listed in CEQA. Other projects may be exempt under a general rule that environmental review is not necessary where it can be determined that there would be no possibility of significant effect upon the environment. A project which does not qualify for an exemption requires the preparation of an Initial Study to assess the level of potential environmental impacts. Based upon the results of an Initial Study, the Director may determine that a project will not have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient environmental documentation. If the Director determines that a project has the potential for significant adverse impacts and adequate mitigation can not be readily identified, an Environmental Impact Report (EIR) is prepared. The Director has reviewed this project and found it to be Categorically Exempt in accordance with Section 15301 (Class 1, Existing Facilities) of the California Code of Regulations (CEQA Guidelines). No further environmental documentation is required. STAFF RECOMMENDATION 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC -2005- recommending to the City Council conditional approval of Modification No. 1 to Residential Planned Development No. 965. 000035 Honorable Planning Commission October 25, 2005 Page 7 ATTACHMENTS: 1. Location Map 2. Aerial Photograph 3. Site Photographs 4. Project Exhibits A. Roof Plan /Elevations B. Construction Details 5. Draft PC Resolution with Conditions of Approval 00()03rG to n H H A H N O O G3 CAMPUS LOCATION MAP i 6- View From East on Benwood Drive View From West on Benwood Drive SITE PHOTOGRAPHS PC ATTACHMENT 3 000039 View From East Across Collins Drive View of Steeple Area From West Parking Lot Site Photographs 000040 C) ORDER �✓ I Steeple Selection Spire Shutters t ❑ Style ❑ Style B ��' ` ❑ Style C Color Base Color Shutter, or Pant Color Spire Color Selection Location Meetinghouse Plan Select steeple placemeft Selection E] 1. At the end of the main roof nearest the primary street view. t 2 i 2 Primary street rem m 0 2. On the main roof, aligned with 0 Sage 0 Cody the entrance that faces the primary street view. Primary street name Approval Facilities manager (signature) (printed name) Phone number Budding name Property number E"idng address THE CHURCH OF PC ATTACIIIKENT JESUS CHRIST OF LATTER-DAY SAINTS �' 0OP042 0 2= by #M99=0 ftW". im nAV'.d I DRAWING STAMP SEE PAGE 2 FOR DIMENSIONS V" Page 1 — This page Page 2 — Dimensions k Details Page 3 — Louver Section and General Notes Page 4 — Frame Rork & Cut Chart Page 5 — Structure do Steel Base Page 6 — Root Access Opening DESIGN CRITERIA UBC - 1997 110 MPH SEISMIC ZONE 4 i I . „ /IW O U a M vrar Li U b O � a rr i) U) Z • 9:�i 43 NZ �+ Y � 1 j E) V ^^ 1C <A <AZ q NOR. 4� E r � f �D TI, -- I CMygMy M e u ' i LDS GMSR PROJEC' MUNNS MFG. i �D TI, -- I CMygMy M e u ' i LDS GMSR PROJEC' MUNNS MFG. COO VIAL /-B*N Y 3 3, PERIMETER BRACING HORIZONTAL, DIAGONAL AND TIC -TAC -TOE BRACING TO BE 2 1/2 X 2 1/2 X 1/4' 6061 -T6 ALUMINUM ALLOY UP TO 8'. 2 X 2 X 1/4' 6061 -T6 ALLOY ALUMINUM ANGLE ABOVE 8' 2. STRUCTURAL ALUMINUM ANGLE TO BE RIVETED USING 5/16 X 1' 6061 -T6 SOLID ALUMINUM RIVETS, COLD DRIVEN, NOT LOADED UNDER TENSION, ROUND HEAD STYLE AN -430 DISTANCE BETWEEN RIVETS TO BE 1' ON CENTER 3. ALL FRAMEWORK ALUMINUM 1 1/2 X 1 1/2 X 1/8' WALL BE 6061 -T6 ALUMINUM ALLOY WELDED USING GMAW WITH 5356 ALUMINUM ALLOY FILLER WIRE 4. STRUCTURAL STEEL BASE TO BE 3 X 3 X 1/4' STEEL ANGLE WELDED USING E7018 GRADE WIRE UTILIZING FULL PEN FILLET WELDS IN ALL ANGLE JOINTS. STEEL BASE TO BE PAINTED USING ACRYLIC METAL PRIMER OR EOUIVALENT STEEL GUSSETS TO BE BOLTED USING 2 SAE GRADE 8 7 18 -IN BOLTS. TIGHTEN TO % TURN -OF -NUT PAST THE SNUG TIGHT POSITION. 5. ALL DISSIMILAR METALS TO BE ISOLATED WITH FIBROUS ASPHALTUM PRODUCTS. 6. ALUMINUM CLADDING TO BE .032 ALUMINUM WITH KYNAR 500 PAINT FINISH. 7. 316 OR 304 STAINLESS STEEL BOLTS WILL BE USED BETWEEN STEEL AND ALUMINUM PARTS. BOLT SIZE SHOWN ON SHOP DRAWINGS MEETING MINIMUM ASTM F593 WITH NUMBER TO BE USED STATED ON THE SHOP DRAWINGS B. ALL FASTENERS TO BE CONCEALED WHERE POSSIBLE. 9. AREA UNDER STEEPLE TO BE COMPLETELY WATERPROOF PRIOR TO INSTALLATION. 10. ALL TOWER LEG SPLICE JOINTS WILL BE SUPPORTED WITH 6061 -T6 ALUMINUM ANGLE OF THE SMALLER SIZE AT THE SPLICE JOINT RIVETED ON BOTH SIDES OF THE ANGLE AND BOTH SIDES OF THE JOINT. It EXPOSED FASTENERS TO BE PAINTED TO MATCH STEEPLE. 12. REFER TO SECTION 13101 OF GENERAL SPECIFICATIONS FOR INFORMATION REGARDING LIGHTNING PROTECTION AND GROUNDING. xt Kt � -n t ANOLE FAKE LOUDER .032 ALUWAN 3M t 1 1 A IOtO 7 t 1 oo()04' PART / AMTJ LENGTH CUT ANGLES A 6 Y -4' 2 0 45' Al 2 4' -0 3116' IOW & 10 -24.1 B 4 8' -4' 2 O 45' c 8 0' -r 2 0 45' c1 16 5' -11' 2 O 90' 0 4 8' -10 1/4' 2 0 90' E 0 2' -10' 2 080' APART JIAMTI LENGTH CUT ANGLES E1 4 2' -10' 1090' & 1024.1' E2 4 2' -0 13/16' 1090' & 1024.1' E3 2 1' -3• 1090' & 10-24.1 F 20 0-5 7/8' 2 O 90' G 8 3' -10 316" 1054.2' &10 -18. G1 1 8 3' -3' 1054.2'MO -16. 00004P W NUA48ER OF RIVETS w (' -'ILL- O � tr a s u r 3- 2 x 3/4-10 LMC 316 GR 304 33 DOLTS, RAT WASHERS AND SELF LOLTOB NUI3 PER MAN TONER LM 2- 1 11r x 112' -BUNG 316 on JIM 33 DOLTS PER SHORT DIAGONAL LEA LONG DIAGONAL 6RACW 0 RIVETED 70 MAN TONER LEGS MM 4 RIVETS PER oGNNECIIOM R 2 RI0KT3 0 Ulm 4114011 IT mom TIC TAC -70ES la 1SEALANT CHAIX S ^1 1/YP WEEP HOLE -TS 3 1/2 x 3 1/2 x 116' � 3/4• GRADE 67 6Ax oCTNI KAU - -MOLT ANCHORS EITII MT WASHERS AND NUTS 2wr 11EfL MASS s 1 Y -r 6061 —D ANGLE EACH L2 To • 311E ORAO[ t MOLTS L SlQl CIlslElE TD STEEPLE 6061 -76 - 2 1/2 ) ALL AN M ANGLE LEO 6061 -T6 - 2 x 2 x ANGLE 6061- 76 -2x2x ANGLE USE 6 RIKflI EACH LEG ON 601H 3 TOTAL OF 20 RIW LISS MEMKIRS UNDER ROOF IEATHINO 6061 -T6 - 2 1 LA TO THE 3 x 1/4' STEEL ANGLE v - =ci• = .,`P is 2wr 11EfL MASS s 1 Y -r 6061 —D ANGLE EACH L2 To • 311E ORAO[ t MOLTS L SlQl CIlslElE TD STEEPLE 6061 -76 - 2 1/2 ) ALL AN M ANGLE LEO 6061 -T6 - 2 x 2 x ANGLE 6061- 76 -2x2x ANGLE USE 6 RIKflI EACH LEG ON 601H 3 TOTAL OF 20 RIW LISS MEMKIRS UNDER ROOF IEATHINO 6061 -T6 - 2 1 LA TO THE 3 x 1/4' STEEL ANGLE v - 2 EATERS OF ICE AND WATER SHIELD MEND 12. OUT FROM CIIR! MH. - Wau[ AND HAL TD TRL - MATEIMRDDF WBTH ICE OF STEEPLE FOR ACCESS O rAN STRUMM - 6 c k * b 0 MIK THIS HOLE !S USED FOR FABRIC► W STEEL AMU STEEPLE BASE 13146' OIA ANCHOR 1101.E2 STEEL 6A4 f 1 1 -= LDS GMSR PROJECT "0. r MUNNS MFG. ITI RESOLUTION NO. PC -2005- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF MODIFICATION NO. 1 TO RESIDENTIAL PLANNED DEVELOPMENT NO. 965, TO REMOVE AN EXISTING FREESTANDING SPIRE AND ADD A NEW STEEPLE TO THE RIDGELINE OF THE ROOF OF AN EXISTING CHURCH BUILDING LOCATED AT 15351 BENWOOD DRIVE, ON THE APPLICATION OF RICHARD WESTWOOD FOR THE CHURCH OF JESUS CHRIST OF LATTER -DAY SAINTS WHEREAS, at a duly noticed public hearing on October 25, 2005, the Planning Commission considered Modification No. 1 to Residential Planned Development No. 965, on the application of Richard Westwood for the Church of Jesus Christ of Latter -Day Saints, to remove an existing freestanding spire and add a new steeple to the ridgeline of the roof of an existing church located at 15351 Benwood Drive; and WHEREAS, at its meeting of October 25, 2005, the Planning Commission considered the agenda report and any supplements thereto and written public comments; opened the public hearing and took and considered public testimony both for and against the proposal and reached a decision on this matter; and WHEREAS, the Planning Commission concurs with the Community Development Director's determination that this project is Categorically Exempt from the provisions of CEQA pursuant to Section 15301 as a Class 1 exemption for existing facilities NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. PLANNED DEVELOPMENT PERMIT MODIFICATION FINDINGS: Based upon the information set forth in the staff report (s) accompanying studies, and oral and written public testimony, the Planning Commission makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.100 (A) (2) : 1. The proposed steeple is not a substantial or fundamental change to approved Residential Planned Development Permit No. 965 in that it provides architectural ornamentation to an existing building without changing the overall architecture or use of the building. \ \Mor _pri_serv\City Share \Community Development \DEV PMTS \R P D \965 Mormon Church \Mod 1 \Reso \PC_Reso 101905.doc PC ATTACHMENT 5 000049 Resolution No. PC -2005- Page 2 2. The proposed steeple, as conditioned, would not have a substantial adverse impact on surrounding properties and would not create the need for additional environmental documentation in that the scale of the steeple, if limited to a maximum of fifty (50) feet in height, would not be out of scale with surrounding development so as to have the potential to create visual impacts on the neighborhood. SECTION 2. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends to the City Council approval of Modification No. 1 to Residential Planned Development No. 965 subject to the Conditions of Approval included in Exhibit A, attached hereto and incorporated herein by reference. SECTION 3. CERTIFICATION OF ADOPTION: The Community Development Director shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: NOES: ABSTAIN: ABSENT: PASSED, AND ADOPTED this 25th day of October, 2005. Scott Pozza, Chair ATTEST: Barry K. Hogan Community Development Director Exhibit A - Conditions of Approval WOO-. () Resolution No. PC -2005- Page 3 EXHIBIT A CONDITIONS OF APPROVAL FOR MODIFICATION NO. 1 TO RESIDENTIAL PLANNED DEVELOPMENT NO. 965 1. The combined overall height of the building and steeple structure may not exceed fifty (50') feet as measured from the lowest part of the building to the highest part of the steeple, finial or other feature. 2. The steeple may not be used as a "Wireless Communication Facility" as defined by Chapter 17.42 of the Moorpark Municipal Code without first obtaining a Conditional Use Permit. 3. No amplified sound, bells, horns or other noise generators may be installed in or on the steeple structure. 4. The steeple shall be maintained in good repair at all times. 5. The steeple shall be painted a flat or matte paint to minimize glare and reflection. G. The steeple may not be used as a sign or as a support structure for any signage. 7. The existing ground mounted steeple shall be removed prior to final inspection of the new roof mounted steeple. 8. Appropriate Zoning Clearances and Building Permits shall be obtained, and fees paid, for removal of the existing ground mounted steeple and construction of the roof mounted steeple. 9. All Conditions of Approval for Residential Planned Development Permit No. 965 are incorporated by reference in this approval letter and shall continue to apply unless specifically modified by this modification. 0001OL 1 ITEM: 8.E. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Directo By: Laura Stringer, Administrative Services ager DATE: October 17, 2005 (PC Meeting of 10/25/05) SUBJECT: Consider Request for First Amendment to Development Agreement Established in Connection with a 41.51 Acre, Detached, Single - Family Residential Unit Project Located on the South Side of Los Angeles Avenue, West of Leta Yancy Road (Formerly Liberty Bell Road) (Tract 5053 and Tract 5204, Pacific Communities). BACKGROUND /DISCUSSION This matter was advertised for public hearing for the October 25, 2005 Planning Commission meeting. Subsequent to the publication of the hearing notice, the applicant requested a continuance to allow for a meeting with staff to discuss alternatives for the requested amendment to the Development Agreement. STAFF RECOMMENDATION 1. Open the public hearing and take testimony. 2. Continue the matter, with the public hearing open, to the Planning Commission meeting of November 22, 2005. ATTACHMENT: Location Map \ \Mor _pri_sery \City Share \Community Development \ADMIN \AGMTS \D A \1998 -02 Pac Comm \Staff Report \pc 051025.doc 000050.0 VTTM 5053 VTTM 5204