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Home My WebLink AboutAG RPTS 1989 0515 PC REGTr^ ELOISE BROWN Mayor BERNARDO M.PEREZ Mayor Pro Tom CLINT HARPER, Ph. D. Councilmember PAUL LAWRASON Councllmember SCOTT MONTGOMERY Councilmember RICHARD T. HARE City Treasurer MOORPARK A G E N D A Moorpark Planning Commission Meeting of: Monday, May 15, 1989 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL Chairman Douglas Holland Vice Chairman John Wozniak Commissioner Michael Scullin r Commissioner William Lanahan Commissioner Glen Schmidt 4. APPROVAL OF MINUTES Minutes of August 3, 1987 Minutes of May 1, 1989 5. CONSENT CALENDAR Resolution No. PC -89 -192 STEVEN KUENY City Manager CHERYL J. KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police A RESOLUTION OF THE MOORPARK PLANNING COMMISSION OF TILE CITY OF MOORPARK, CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL AMEND THE CITY'S ZONING CODE TO ALLOW DAY CARE CENTERS IN COMMERCIAL AND INDUSTRIAL ZONES. --------------------------------------------------------------------------- Any member of the public may address the Planning Commission during the Public Comments portion of the Agenda, unless it is a Public. Hearing item. Speakers who wish to address the Planning Commission concerning a Public Bearing item must do so during the Public Hearing for that item. Speaker Cards must be received by the Recording Secretary prior to the Public Comments portion of the meeting. Speakers will be heard in the order that their Speaker Cards are received. A limitation of 3 minutes shall be imposed upon each speaker. 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 May 15, 1989 page -2- 11 6. PUBLIC HEARINGS A. Industrial Planned Development Permit No. IPD -88 -2 and Variance No. V -88 -2 Robert & Sharon Riddle Construction of a 24,000 sq.ft. automotive center on a 1.35 acre site. A variance has been requested to allow a 10 foot front landscaped setback and zero -foot side setbacks in lieu of the required 30 foot front landscaped setback and 30 foot landscaped setback required along one side. The project is located at 1380 East Los Angeles Avenue, approximately one - fourth mile east of the intersection of Spring Road, High Street and East Los Angeles Avenue. Assessor Parcel Nos. 512-160 -07, 65, and 73. B. Revised Draft Housing Element (March 1989) of the General Plan The Planning Commission will consider a draft of the revised Housing Element of the General Plan as required by Article 10.6 of the Government Code. A periodic updating of the City's housing element is mandated by law every five years. Continued from the Commission's meeting of May 1, 1989. 7. PLANNING COMMISSION ACTION ITEMS A. Tentative Parcel Map No. 4278_ Abe Guny_ Clarification of Ambiguity The subdivider is requesting clarification of access road(s), one access road vs. two access roads within PM -4278. B. Proposed Middle School azzd Community_ High School - Public Resources Code Section 21151.2 The Moorpark Unified School District in accordance with Public Resources Code Section 21151.2 is requesting the Planning Commisison to review the proposed school sites and determine their appropriateness in relationship with the City of Moorpark General Plan. 8. INFORMATION ITEMS Parking Restriction Ordinance Affecting__ Vehicles For Sale on Public Streets 9. COMMISSION COMMENTS 10. STAFF COMMENTS 11. ADJOURNMENT --------------------------------------------------------------------------- Copies of the reports or other written documentation relating to each item of business on the agenda are on file in the office of the City Clerk and are available for public review. An questions concerning any agenda item may be directed tot he Department of Community Development, 799 Moorpark Avenue, Moorpark, California. --------------------------------------------- --- ---------------------------- MOORPARK ELOISE BROWN Mayor BERNARDO M.PEREZ Mayor Pro Tom CLINT HARPER, Ph. D. Councilmember PAUL LAWRASON Councilmember SCOTT MONTGOMERY Councilmember RICHARD T. HARE City Treasurer CITY OF MOORPARK ) COUNTY OF VENTURA ) ss. STATE OF CALIFORNIA ) STEVEN KUENY City Manager CHERYL J. KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police I, Celia LaFleur, Administrative Secretary to the Department of Community Development and Recording Secretary to the Planning Commission of the City of Moorpark, County of Ventura, State of California, do hereby certify under penalty of perjury, that I posted a copy of the Moorpark Planning Commission Agenda for the meeting of �� 1989 at the following location: Moorpark Community Center 799 Moorpark Avenue Moorpark, California 93021 Said agenda shall remain in place until after the meeting so that it is available for public review for at least 72 hours prior to the meeting, pursuant to Section 54954 et.seq. of the California Government Code. Executed on this Idle day of 1989 at Moorpark, California. Celia LaFleur Administrative Secretary 799 Moorpark Avenue Moorpark, Califomia 93021 (805) 529 -6864 MOORPARK ELOISE BROWN PPPPK e4`s STEVEN KUENY PI Mayor 0 `�9 City Manager BERNARDO M. PEREZ a CHERYL J. KANE Mayor Pro Tern Pielit�41 City Attorney CLINT HARPER, Ph. D. aple � PATRICK RICHARDS, A.I.C.P. Councilmember °o Director of PAUL LAWRASON 9°04Community Development Councilmember ' iro .` R. DENNIS DELZEIT SCOTT MONTGOMERY City Engineer Councilmember JOHN V. GILLESPIE RICHARD T. HARE Chief of Police City Treasurer MEMORANDUM TO: The Planning Commission FROM: Patrick J. Richards, Director of Community Development DATE: May 12, 1989 (PC meeting of 5/17/89) SUBJECT: DRAFT REVISED HOUSING ELEMENT - CITY ATTORNEY COMMENTS The City Attorney's comments regarding a review of the revised housing element are attached for the Commission's review. This May 5, 1989 letter from the City Attorney has been generalized in staff's public report to the Commission. The purposed in sending the Commission the attorney's comments under separate cover is to allow the Commission benefit of the comments in detail without the need for this office to debate any specific matter. Should any Commissioner have a question regarding the draft or the City Attorney's comments please feel free to call me. cc: Steven Kueny, City Manager hsel 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864 LAW OFFICES BURKE, WILLIAMS 8e SORENSEN ONE WILSHIRE BUILDING MARTIN J. BURKE. SCOTT F. FIELD 624 SOUTH GRAND AVENUE, IITM FLOOR VENTURA COUNTY OFFICE GEORGE W.TACKABURYN GREGORY A. DOCIMO LOS ANGELES, CALIFORNIA 90017 950 COUNTY SQUARE DRIVE JAMES T. BRADSHAW,JR.. ELIZABETH L. HANNA SUITE 207 MARK C.ALLEN,JR.. KATHRYN PRUESSNER PETERS° (213) 236-0600 VENTURA, CALIFORNIA 93003 MARTIN L. BURKE. LISA E. KRANITZ (805) 644-7480 CARL K. NEWTONS SLADE J. NEIGHBORS J. ROBERT FLANDRICK" KIM E. MCNALLY TELECOPIER. (213) 236-2700 NORMAN E. GAARt STEVEN A. DROWN ORANGE COUNTY OFFICE EDWARD M. FOX. DENNIS I. FLOYD 3200 PARK CENTER DRIVE DENNIS P. BURKE. LINDA L. DAUBE HARRY C. WILLIAMS SUITE 650 LELAND C. DOLLEY' M. LOIS BOBAK (1 9 12-1 9 6 71 COSTA MESA, CALIFORNIA 92626 COLIN LENNARD. CECILIA M. QUICK (714) 545-5559 THOMAS J. FEELEY. FELICIA J. NELSON ROYAL M. SORENSEN NEIL F. YEAGER. ROBERT V.WADDEN (1914-1983) BRIAN A. PIERIK° MICHAEL R.WOODS LIGHTON PLAZA CHARLES M. CALDERONT FRANK H.WHITEHEAD,III 7300 COLLEGE BOULEVARD PETER M.THORSON• SCOTT H. CAMPBELL SUITE 220 JERRY M. PATTERSON MARYANN LINK GOODKIND OVERLAND PARK, KANSAS 66210 HAROLD A. BRIDGES. TIMOTHY B. McOSKER 5 1989 (913) 339-6200 CHERYL J. KANE. DIANA L. FIELD May / RAYMOND J. FUENTES. RITA J.TAYLOR VIRGINIA R. PESOLA STEVEN J. DAWSON OF COUNSEL DWIGHT A. NEWELL S. PAUL BRUGUERA JAMES F. RIGALI B. DEREK STRAATSMA JAMES R. FELTON MARY REDUS GAYLE' DON G. KIRCHER TERRY K. MENZER MICHELE R.VADON WRITER'S DIRECT DIAL PROFESSIONAL CORPORATION TA PROFESSIONAL ASSOCIATION 213-2 3 6-2 7 21 ADMITTED KANSAS E.MISSOURI °ADMITTED KANSAS OUR FILE NO. 01359-001 Mr . Patrick J. Richards Director of Community Development City of Moorpark 799 Moorpark Avenue Moorpark, California 93021 Re: Draft Housing Element/March, 1989 Dear Pat: Pursuant to your request, I have reviewed the March, 1989 draft of the Housing Element. My comments are of two general types--general and specific. As an initial observation, many of the comments repeat or incorporate the comments this office made with respect to the September , 1988 draft. 1. Editing. The draft needs to be subjected to a thorough editing in order to: ( i) reconcile the table of content with the body of the text; ( ii) correct the recurrent typographical and grammatical errors; ( iii ) resolve inconsistent and ambiguous statements in the text; and ( iv) clarify the role of the document. By way of illustration of the third point , I refer you to page 25 of the text. The first two paragraphs deal with the same subject--site availability. In the first paragraph, it is stated that "Moorpark consists of substantial undeveloped areas" , while in the second RECEIVED MAY 8 1989 oa , o(.F, Mr . Patrick J. Richards May 5, 1989 Page 2 paragraph it is stated that "There are few vacant parcels of land within the City of any size. " By way of illustration of the fourth point, I refer you to page 62 of the text. The second sentence of the last paragraph reads as if the Housing Element were a report to, rather than a report by, the City. 2. Documentation. The draft Housing Element has been a work in progress since the spring of 1988 and will not be adopted until the summer of 1989 . However, no effort has apparently been made to update data and information during the last 12 months. Moreover , many statements in the draft Housing Element go undocumented. With reference to the former point, I direct your attention to the following: (a) Existing Housing Stock . Data from January, 1988 is used (page 4 of the text) . (b) Housing Inventory and Sales. Data from April, 1988 and as far back as September, 1987 is relied upon extensively in the analysis. (By way of illustration I refer you to tables 11- 13, 15 and 16. ) (c) RHNA Numbers. The discussion of the SCAG RHNA numbers contains what is now extraneous information regarding the appeal process (pages 17--21 of the text) , since the appeal period long ago expired. Surprisingly, however, Moorpark ' s successful appeal is not even reported in the text; the reader is left to infer this fact from Table 9 . Also, the Draft RHNA is quoted from extensively in the text at pages 16--17; if these portions of the Draft RHNA were not incorporated into the revised RHNA then some explanation needs to be given for reliance upon the draft as authoritative. With reference to the latter point, I direct your attention to the analysis of Handicapped Households . In the second to the last sentence of the last paragraph (page 8 of Mr . Patrick J. Richards May 5, 1989 Page 3 the text) it is baldly stated that "the 1980 percentage may overstate current conditions, and, for this reason . . . . " 3. Regional Housing Need. Last summer in meetings with you and the Housing Element consultant, this office repeatedly emphasized that the Housing Element should contain an affirmative statement that the City ' s housing need includes its share of the regional housing need expressed by the RHNA numbers. No such statement is made in this draft. 4. Measure F. The most blatant defect in the discussion of Measure F is that the text has not been updated since Urban West Communities was declared exempt from the Measure or since the Measure was amended to increase the yearly allotments. Moreover, the discussion of Measure F (page 22 of the text) is so convoluted that the point that Measure F will not impact housing need is all but lost. 5. Housing Constraints. Based upon the text, the most obvious constraint on meeting regional housing need is the lack of vacant land for residential development. The City can expect to gain only 1394 additional units at build- out (page 25 of the text) , which is barely half of the RHNA numbers (page 22 of the text) . And yet, almost 10 pages are spent on the fact that Measure F is not a constraint to meeting regional housing need, while the lack of vacant land is ignored. 6 . Goals and Policies . This portion of the draft Housing Element appears to still be in a very rudimentary form. Goal #3 is a verbatim repeat of Goal #2 (page 56 of the text) . Moreover , there is no Goal #4 even though the number is called out (page 56 of the text) . 7 . Housing Program. The Housing Element is to contain "a five-year schedule of actions" the City is undertaking or intends to undertake to implement the policies, goals and objectives. (Gov' t Code § 655834(c) . ) If the text at pages 58-63 of the draft is intended to satisfy this requirement, an introduction and refinement of the text are needed. Mr . Patrick J. Richards May 5, 1989 Page 4 Conclusion In reviewing the March, 1989 draft of the Housing Element, I have not considered the accuracy of statements and conclusions set forth in the text, except as noted above. It appears to me that the Housing Element is still in a formative stage and that considerably more work will be needed before the Housing Element is ready for adoption. Very truly yours, N3--QQ-- CHE YL . KANE CITY ATTORNEY, MOORPARK; and BURKE, WILLIAMS & SORENSEN CJK:hsk cjk/LTR3740 m & ,. r, MOORPARK ELOISE BROWN STEVEN KUENY Mayor City Manager BERNARDO M. PEREZ .r i CHERYL J. KANE Mayor Pro Tem 4% City Attorney CLINT HARPER, Ph. D. p:�� PATRICK RICHARDS, A.I.C.P. Councilmember Director of PAUL LAWRASON ' Community Development Councilmember R. DENNIS DELZEIT SCOTT MONTGOMERY City Engineer Councilmember JOHN V. GILLESPIE RICHARD T. HARE Chief of Police City Treasurer MEMORANDUM TO: Planning Commission />1 FROM: John F. Knipe, Assistant City Engineer C. DATE: May 9, 1989 SUBJECT: Parking Restriction Ordinance Affecting Vehicles For Sale BACKGROUND INFORMATION The Planning Commission recently expressed some interest in restricting the parking of vehicles with "For Sale" signs in them along Los Angeles Avenue. The purpose of this report is to inform the Commission that the City Manager's office has received and is currently reviewing sample ordinances and City Attorney opinions regarding such restrictions from various Cities. Upon completion of this review, it is expected that such an ordinance will be brought before the City Council for action. RECOMMENDED ACTION This material is provided for information only, and no action is necessary. JFK:MSW:ts cc: Steve Kueny, City Manager Patrick Richards, Director of Community Development R. Dennis Delzeit, City Engineer Mark Wessel, City Traffic Engineer RECEIVED JN 30499 AMO1153 .MEM MAY 11 1989 f iry of Moorpark 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864