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HomeMy WebLinkAboutAG RPTS 2004 0120 PC REGResolution No. PC- 2004 -453 PLANNING COMMISSION REGULAR MEETING AGENDA TUESDAY - January 20, 2004 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: A. Consider Selection of Chair and Vice Chair Mark DiCecco Kipp Landis David Lauletta Robert Peskay Scott Pozza 5. REORDERING OF, AND ADDITIONS TO THE AGENDA: 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. \ \mor_pri_sery \City Share \Community Development \ADMIN \COMMISSION \AGENDA \2004 \04_0120_pca.doc Planning Commission Agenda January 20, 2004 Page No. 2 6. CONSENT CALENDAR: A. Regular Meeting Minutes of January 6, 2004. 7. PUBLIC COMMENTS: 8. PUBLIC HEARINGS: (next Resolution No. 2004 -453) A. Consider General Plan Amendment No. 2001 -05, Zone Change No. 2001 -02, and Specific Plan No. 2001 -01, for 1,650 Housing Units on 3,586.3 Acres Located Generally North of Moorpark College and State Route 118 on Land Immediately Outside City of Moorpark Municipal Boundaries. Applicant: North Park Village, LP (APN: 500 -0- 120 -065; 500 -0- 170 -135; 500 -0- 180 -125, -135), - 145, -155, -165, -175, -185, -195, -205, -215, -225, - 235, -245, -255; 500 -0- 281 -165, -175; 500 -0- 292 -135, - 145, -195, -215, -225; 615 -0 -110 -205, -215; 615- 0 -150- 185) (Continued from January 6, 2004 Meeting) Staff Recommendation: Continue to accept public comments and continue the agenda item with the public hearing open to the February 3, 2004 Planning Commission meeting. B. Consider a Public Hearing to Accept Oral Comments on Chapter 3.3b (Freeway Traffic) of the Draft Environmental Impact Report for Specific Plan No. 2001 -01: North Park Village and Nature Preserve Staff Recommendation: Open the public hearing, accept public testimony on Chapter 3.3b of the Revised Draft EIR (Freeway Traffic) , and refer the comments to staff for preparation of responses. 9. DISCUSSION ITEMS: A. Consider Recommendation to City Council on Design Guidelines for Solar Energy Systems Staff Recommendation: Adopt Resolution No. PC -2004- recommending to the City Council adoption of Design Guidelines for Solar Energy Systems. Planning Commission Agenda January 20, 2004 Page No. 3 10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: A. February 3, 2004, Planning Commission Meeting: • General Plan Amendment No. 2001 -05, Zone Change No. 2001 -02, and Specific Plan No. 2001 -01 (North Park) B. February 17, 2004, Planning Commission Meeting: • Residential Planned Development Permit No. 2003- 02, General Plan Amendment No. 2003 -02, Zone Change No. 2003 -02 and Tentative Tract Map No. 5425 (Shea Homes, Inc.) 11. ADJOURNMENT: --------------------------------------------------------------------------------------------------------------------------- In compliance with the Americans with Disabilities Act, if you need special assistance to review an agenda or participate in this meeting, including auxiliary aids or services, please contact the Community Development Department at (805) 517 -6233. Upon request, the agenda can be made available in appropriate alternative formats to persons with a disability. Any request for disability- related modification or accommodation should be made at least 48 hours prior to the scheduled meeting to assist the City staff in assuring reasonable arrangements can be made to provide accessibility to the meeting (28 CFR 35.102- 35.104; ADA Title II). ITEM: 4. A. MOORPARK PLANNING C0144I S S ION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Directo Prepared By: Laura Stringer, Senior Managem t Analyst DATE: January 7, 2004 (PC Meeting of 1/20/04) SUBJECT: Consider Selection of Chair and Vice Chair DISCUSSION Municipal Code Chapter 2.36.080 and Section 3.1 of Resolution PC 2002 -430 (Rules of Procedure for Commission Meetings and Related Functions and Activities) require the Planning Commission to select a Chair and Vice Chair, from among the appointed members, during January. Each such selection shall be by three (3) or more affirmative votes. Additionally, each person so selected shall serve until the end of a one -year term or until a successor is chosen (at any time) by three (3) or more affirmative votes, whichever occurs first. STAFF RECOMMENDATION Select a Chair and Vice Chair. \ \mor_pri_sery \City Share \Community Development \ADMIN \COMMISSION \P C POLICIES \agenda 000001 reports \2003 \pc 040120 select chair.doc ITEM: 6.A. Planning Commission, City of Moorpark, California Minutes of January 6, 2004 Paae 1 1 The Regular meeting of the Planning Commission was held on 2 January 6, 2004, in the City Council Chambers; Moorpark Civic 3 Center; 799 Moorpark Avenue; Moorpark, California; 93021. 4 1. CALL TO ORDER: 5 Chair Landis called the meeting to order at 7:07 p.m. 6 2. PLEDGE OF ALLEGIANCE: 7 Commissioner Lauletta led the Pledge of Allegiance. 8 3. ROLL CALL: 9 Commissioners Lauletta, Peskay and Pozza, Vice Chair 10 DiCecco and Chair Landis were present. 11 Staff attending the meeting included Barry Hogan, Community 12 Development Director; Brad Miller, City Engineer; Walter 13 Brown, Assistant City Engineer; David Bobardt, Planning 14 Manager; Laura Stringer, Senior Management Analyst; and 15 Gail Rice, Administrative Secretary. 16 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: 17 Mr. Hogan introduced Brad Miller, City Engineer. 18 5. REORDERING OF, AND ADDITIONS TO THE AGENDA: 19 Mr. Hogan announced that selection of the Chair and Vice 20 Chair will be included under Item No. 4 of the January 20, 21 2004 Planning Commission Regular meeting agenda. 22 6. CONSENT CALENDAR: 23 A. Regular Meeting Minutes of December 16, 2003. 24 MOTION: Commissioner Peskay moved and Commissioner Pozza 25 seconded a motion that the Planning Commission Regular 26 Meeting Minutes of December 16, 2003, be approved. (Motion 27 carried with a unanimous 5:0 voice vote.) \ \mor_pri_sery \City Share \Community Development \ADMIN \COMMISSION \MINUTES \2004 000002 Draft \04 0106 pcm.doc Planning Commission, City of Moorpark, California Minutes of January 6, 2004 Paae 2 1 7. PUBLIC COMMENTS: 2 None. 3 8. PUBLIC HEARINGS: 4 (next Resolution No. 2004 -453) 5 A. Consider General Plan Amendment No. 2001 -05, Zone 6 Change No. 2001 -02, and Specific Plan No. 2001 -01, for 7 1,650 Housing Units on 3,586.3 Acres Located Generally 8 North of Moorpark College and State Route 118 on Land 9 Immediately Outside City of Moorpark Municipal 10 Boundaries. Applicant: North Park Village, LP (APN: 11 500 -0 -120 -065; 500 -0 -170 -135; 500 -0- 180 -125, -1351, - 12 145, -155, -165, -175, -1851, -1951, -205, -215, -2251, - 13 235, -245, -255; 500 -0 -281 -165, -175; 500 -0- 292 -135, - 14 1450, -195, -215, -225; 615 -0- 110 -205, -215; 615- 0 -150- 15 185) (Continued from December 16, 2003 Meeting) 16 Staff Recommendation: Continue to accept public 17 comments and continue the agenda item with the public 18 hearing open to the January 20, 2004 Planning 19 Commission meeting. 20 Dave Bobardt gave the staff presentation. 21 The Commission questioned staff on Campus Park Drive 22 extension, improvement to Campus Road at the college, 23 public swim area, affordable housing offsite instead 24 of in -lieu fees, at grade crossing (undercrossing 25 versus overcrossing), forecasted population figures, a 26 definitive edge for swimming in the lake and pool, 27 full time road connection for ingress and egress, a 28 separate access to the project, youth sports park 29 design description, mixed use (residential & 30 commercial), satisfying low income housing 31 requirements, water resources, Fox Canyon Ground Water 32 Management issues, the traffic study and impacts on 33 Highway 118 and 23, access to the lake, trails and 34 travel around the perimeter of the lake, the Broadway 35 extension analysis, open space and canyons, and 36 homeowner's association responsibility. \ \mor_pri_sery \City Share \Community Development \ADMIN \COMMISSION \MINUTES \2004 000003 Draft \04 0106 pcm.doc Planning Commission, City of Moorpark, California Minutes of January 6, 2004 Pacae 3 1 Kim Kilkenny, applicant, presented evidence of his 2 previous development performance with the Otay Ranch 3 project and commented on his matrix of concerns. He 4 reviewed issues that have been resolved with staff and 5 those that still need resolution. 6 The Commission questioned Mr. Kilkenny on low 7 income /high housing, market rate mixed uses, housing 8 for college students, parks, road improvements, school 9 site, housing for the university staff, perimeter road 10 and problems involved, the extension of Broadway, 11 narrowing the street widths, increasing density for 12 Planning Area 31 and smaller lots. 13 Cheri Risley - Bohnert, resident, spoke in support of 14 the proposal, and stated she was in favor of not 15 reducing lot sizes, but was in favor of the lake and 16 swim site. She commented on street issues at the east 17 side of the campus. She stated that she did not 18 support the expansion of Broadway, but would like to 19 see bike trails around the project and wanted the 20 interchange. 21 Lyle Pennington, resident, spoke in support of the 22 project, and stated the project and its construction 23 was a big win for the city. He commented that traffic 24 congestion at Campus Park was contributed to by the 25 growth of the college, and that there were no plans by 26 the college or the city to resolve the issue. He 27 suggested that the applicant's proposal for an 28 interchange will solve the problems. 29 Lowell Preston, representing Fox Canyon Groundwater 30 Management Agency, stated the draft EIR did not 31 analyze the quantity and quality of the ground water 32 nor did it address the basin and overpumping issues. 33 He commented on potential water loss and subsidence 34 issues, and explained the intent of the surcharge. 35 Diane Galvin, resident, in support of the proposal 36 left early and submitted a written statement card. 37 Lisa Leal, resident, spoke in support of the project. 38 She stated that the North Park Village project was \ \mor_pri_sery \City Share \Community Development \ADMIN \COMMISSION \MINUTES \2004 Draft \04_0106_pcm.doc 000004 Planning Commission, City of Moorpark, California Minutes of January 6, 2004 Paae 4 1 above and beyond Otay Ranch's development and was a 2 quality project. She commented that most developers 3 leave when their projects are complete but this 4 applicant would stay in Moorpark. She commented 5 positively on the lake, that the project offers 6 revenue and beauty to Moorpark, shopping opportunity, 7 a youth sports park, and an offramp to help with 8 traffic issues. 9 Seven (7) written statement cards were submitted and 10 all seven (7) were in favor of the project. The 11 statements will be included in the record. 12 The Commission questioned staff on ground water 13 issues, oil and gas wells, responsibility for cleanup 14 (scope of work), long term cleanup issues and 15 resolution and elimination of specific issues 16 discussed at previous Planning Commission meetings. 17 MOTION: Commissioner Pozza moved and Commissioner 18 Peskay seconded a motion to approve staff 19 recommendation. 20 (Motion carried with a unanimous 5:0 voice vote.) 21 9. DISCUSSION ITEMS: 22 None. 23 10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: 24 A. January 20, 2004 Planning Commission Meeting: 25 • General Plan Amendment No. 2001 -05, Zone Change 26 No. 2001 -02, and Specific Plan No. 2001 -01 (North 27 Park) 28 • Public Comments on Re- circulated Section of 29 Environmental Impact Report for Specific Plan No. 30 2001 -01 (North Park) 31 • Residential Planned Development Permit No. 2003- 32 02, General Plan Amendment No. 2003 -02, Zone 33 Change No. 2003 -02 and Tentative Tract Map No. 34 5425 (Shea Homes, Inc.) \ \mor_pri_sery \City Share \Community Development \ADMIN \COMMISSION \MINUTES \2004 Draft \04 0106 000005 pcm.doc Planning Commission, City of Moorpark, California Minutes of January 6, 2004 Paae 5 1 Barry Hogan discussed future agenda items and noted 2 that the item for Shea Homes would not be heard on 3 January 20, 2004 meeting, but would be heard at a 4 later meeting. He stated that Austin - Foust, traffic 5 consultants would be present to discuss the North Park 6 Village Project at the January 20, 2004 meeting. 7 11. ADJOURNMENT: 8 MOTION: Commissioner Lauletta moved and Vice Chair DiCecco 9 seconded a motion to adjourn the meeting. 10 (Motion carried with a unanimous 5:0 voice vote.) 11 The meeting was adjourned at 9:18 p.m. 12 13 14 ATTEST: 15 16 Barry K. Hogan 17 Community Development Director Kipp A. Landis, Chair \ \mor_pri_sery \City Share \Community Development \ADMIN \COMMISSION \MINUTES \2004 O ��� Draft \04_0106_pcm.doc ITEM: 8. A. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Director Prepared by: David A. Bobardt, Planning Mana e D DATE: January 13, 2004 (PC Meeting of 1/20/2004) SUBJECT: Consider General Plan Amendment No. 2001 -05, Zone Change No. 2001 -02, and Specific Plan No. 2001 -01, for 1,650 Housing Units on 3,586.3 Acres Located Generally North of Moorpark College and State Route 118 on Land Immediately Outside City of Moorpark Municipal Boundaries. Applicant: North Park Village, LP (APN: 500 -0- 120 -065; 500- 0 -170- 135; 500 -0- 180 -125, -135, -145, -155, -165, -175, -185, - 195, -2051 -215, -225, -235, -245, -255; 500 -0- 281 -165, - 175; 500 -0- 292 -135, -145, -195, -215), -225; 615- 0 -110- 205, -215; 615 -0- 150 -185) BACKGROUND /DISCUSSION This item has been continued by the Planning Commission with the hearing open since October 7, 2003. Mr. Kendall Elmer from Austin Foust Associates, preparer of the City's traffic model and the analysis contained in the EIR for the North Park project, has been asked to address the Planning Commission on traffic concerns at the January 20, 2004 meeting. An additional agenda item on January 20, 2004 is a public hearing to accept oral testimony on Chapter 3.3b (Freeway Traffic) of the Revised Draft EIR. Concerns raised on water, groundwater, and oil wells are expected to be addressed by staff at the February 3, 2004 meeting, and responses to comments on Chapter 3.3b (Freeway Traffic) are expected to be presented to the Planning Commission at the February 17, 2004 meeting. A recommendation by Community Development staff was provided to the Planning Commission at its meeting of January 6, 2004. A number of proposed changes to the Specific Plan were included in the staff recommendation. In order to focus on unresolved issues associated with the applications for a General Plan Amendment, Specific Plan, and Zone Change, staff recommends that the Planning Commission S: \Community Development \DEV PMTS \S P \11 -North Park \Agenda Reports \040120 PC Report.doc 0000017 Honorable Planning Commission January 20, 2004 Page 2 begin identifying these unresolved items. A copy of the January 6, 2004 Planning Commission agenda report is attached. STAFF RECOMMMATION Continue to accept public comments and continue the agenda item with the public hearing open to the February 3, 2004 Planning Commission meeting. Attachment: January 6, 2004 Agenda Report 006008 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: December 30, 2003 (PC Meeting of 1/6/2004) SUBJECT: Consider General Plan Amendment No. 2001 -05, Zone Change No. 2001 -02, and Specific Plan No. 2001 -01, for 1,650 Housing Units on 3,586.3 Acres Located Generally North of Moorpark College and State Route 118 on Land Immediately Outside City of Moorpark Municipal Boundaries. Applicant: North Park Village, LP (APN: 500 -0- 120 -065; 500- 0 -170- 135; 500 -0- 180 -125, -135, -145, -155, -165, -175, -185, - 195, -205, -215, -225, -235, -245, -255; 500 -0- 281 -165, - 175; 500 -0- 292 -135, -145, -195, -215, -225; 615- 0 -110- 205, -215; 615 -0- 150 -185) BACKGROUND The Planning Commission has been discussing the proposed North Park project since October 7, 2003. Planning Commission meetings since then have focused on the following topics: October 7, 2003: Regulatory Context October 21, 2003: Project Description November 4, 2003: General Plan Issues November 18, 2003: Specific Plan Issues December 2, 2003: Schools December 16, 2003: Revised Draft Environmental Impact Report (EIR) The public hearing on the project applications has been kept open through each meeting. This report presents staff's preliminary recommendation on the applications for the general plan amendment, specific plan, and zone change. A recommendation from the Planning Commission will be sought only after the Planning Commission receives draft responses to any comments received on the new chapter of the Revised Draft Environmental Impact Report (3.3b: Freeway Traffic). ATTACHMENT 000009 Honorable Planning Commission January 6, 2004 Page 2 DISCUSSION General Plan Amendment Application As noted in the staff report for the November 4, 2003 Planning Commission meeting, staff has identified 10 key issues related to consistency of the proposed North Park Specific Plan with the goals and policies of the City's General Plan, mostly related to the Land Use and Circulation Elements. In addition, the Planning Commission identified key General Plan issues related to the extension of Broadway, provision of entry -level housing and mixed use housing, schools and the buildout of the City of Moorpark with and without the North Park project. These issues are discussed below: Maintaining the Suburban / Rural Character of the City: The proposed North Park Specific Plan calls for the development of 1,500 single- family houses on 761.4 acres of the project site. At a density of just under 2.0 units per acre, this density would be among the lowest in the City if the project is approved. Its density is comparable to the development in the northern end of the Moorpark Highlands Specific Plan project (Pardee) at 1.9 units per acre, and slightly higher than Country Club Estates (Toll Brothers) at 1.5 units per acre. Preservation of Important Natural Features, Agricultural Areas, and Visually Prominent Hillside Areas; Integration of the Proposed Development with the Natural Features; and Consistency with the Hillside Management Ordinance: The proposed North Park Specific Plan focuses its development in the southern, less visually prominent portion of the project site, with the development area of approximately 1,140 acres taking up approximately one -third of the project site. There are no prime farmlands or farmlands of statewide importance on the project site; however, it is used for cattle grazing. The Specific Plan proposes mass grading on the development area, cutting the smaller ridges and filling the smaller canyons on each plateau, while preserving the canyons that separate the plateaus along with approximately two - thirds of the site, primarily in the steeper, most visible, northern portions of the site. This approach also minimizes the number of manufactured slopes needed in the development areas. The plan is not consistent with the restrictions of the Hillside Management Ordinance that prohibit grading or construction on portions of the site with 500 or greater slopes, with limited exceptions. Plans submitted by the applicant indicate that of approximately 1,148 acres of the property in this slope category, S: \Community Development \DEV PMTS \S P \11 -North Park \Agenda Reports \040106 PC Report.doc 0 0 0010 Honorable Planning Commission January 6, 2004 Page 3 195.6 acres, or 17.0%, would be graded. The Hillside Management Ordinance allows for a Development Agreement to specifically exempt properties from its restrictions. Community Development staff finds that the approach proposed to developing the North Park site is sensitive to its natural features by preserving the most visually prominent features on the site. The applicant is seeking a Development Agreement for this project. Variation of Residential Product Types (Including Mixed Use and Affordable Housing) : The proposed North Park Specific Plan offers essentially one type of market -rate housing product type: large -lot single family housing. Densities within individual planning areas on the site range from 1.4 to 2.6 units per acre. Some variety is provided with the affordable housing, which is proposed at 18.1 units per acre. The relocation of 33 lots from the groundwater recharge area to Planning Area 31 (residential area around the lake) brings the density of this residential area up to 2.9 units per acre. The increase of density around the lake and commercial center is consistent with General Plan policies to have the highest densities closest to arterials and shopping areas. Planning Area 31 could even support higher densities to create a higher level of activity around the lake and commercial center and allow for more walking opportunities to the lake, community park, school site, and commercial center. Activity around the lake and commercial center could be further enhanced by the development of the commercial center as a mixed -use residential and commercial center. Market -rate apartments with views and within walking distance of the core of the development would provide for a greater variety of housing product types in the City, supporting Housing Element goals. At the present time, apartments and condominiums of five or more units make up 10.10 of Moorpark's housing stock, compared to 14.1 o countywide. Such a mixed -use development could also include some of the affordable units in order to reduce the concentration of these units in one location. The 150 required affordable units should be located in several developments either on or off site, and mixed with market -rate units to avoid a concentration of high density affordable housing in a single location. In the past, the City has not allowed concentration of affordable housing as a part of any other development, except in the case of the 17 affordable units of William Lyon, located on the west side of Walnut Canyon Road. S: \Community Development \DEV PMTS \S P \11 -North Park \Agenda Reports \040106 PC Report.doc 000011 Honorable Planning Commission January 6, 2004 Page 4 Availability of Public Services and Facilities (Including Schools): Key services for consideration include the provision of water, parks, and schools. Water - Potable water is proposed for the lake, and recycled water is proposed to irrigate common landscaped areas. Water issues are addressed in detail in the Revised Draft EIR and Responses to Comments. A report on the water supply to satisfy Senate Bill 610 (Costa) was prepared for the Ventura County Waterworks District No. 1 and adopted by the District Board. This report documents the availability of water to serve the project. As a Development Agreement is proposed as part of this project, additional detailed analysis is required that proves availability of sufficient water supply during normal, single -dry, and multiple dry years from reliable sources using a 20 -year projection of demand. The City has requested this analysis from Waterworks District No. 1, and it will be provided to the Planning Commission when available (expected January 2004) Parks - With 38.3 acres of public parks (6.63 acres /1,000 residents) and 26.1 acres of private parks (4.52 acres /1,000 residents), the North Park project exceeds the City's standard of 5.0 acres of developed parkland per 1,000 residents. The applicant has also proposed that PA -38, a 5.1 -acre private park, be combined with PA -37, a 4.7 -acre public park, to create a 9.8 -acre public park. This would increase the public park acreage to 43.3 acres, or 7.52 acres /1,000 residents, with private park acreage decreasing to 21.0 acres, or 3.63 acres /1,000 residents. Public access to the parks could be improved by switching locations of PA -10, the 29.1 acre community park, with PA -21, the school site. This would allow for a road undercrossing or overcrossing between the community park and the lakefront park if desired by the City, potentially expanding their utility. It should be noted that the established practice of the City is for public park design and programming to be developed by the Parks and Recreation Commission and City Council. Schools - In its comments on the Draft EIR for the North Park project, the Moorpark Unified School District has requested a site not less than 18 acres to accommodate the students estimated from the project. The applicant has agreed to modify the plan to provide an 18 -acre school site. Dr. Frank DePasquale, Superintendent, addressed the Planning Commission on the School District's planning and needs at its December 2, 2003 meeting. Dr. DePasquale mentioned that plans for the use of the site have not yet been made, but that it would likely be either an elementary school or a Kindergarten through 8th Grade school. S: \Community Development \DEV PMTS \S P \11 -North Park \Agenda Reports \040106 PC Report.doc 0 0 00 12 Honorable Planning Commission January 6, 2004 Page 5 Expansion of Moorpark City Urban Restriction Boundary (CURB); Buffer Area between Moorpark and Simi Valley; and Buildout of Moorpark: CURB Expansion - The North Park Specific Plan site is on land between the Cities of Moorpark and Simi Valley. It is outside the Moorpark's Corporate Boundary, its Sphere of Influence and the Moorpark CURB. It is in the City's Area of Interest. The project involves consideration of an expansion of the Moorpark CURB to place the area proposed for development (exclusive of the Nature Preserve) within the Moorpark CURB. The proposed General Plan Amendment would involve consideration by the Moorpark voters, consistent with Measure "S ". Buffer Area - The North Park project proposes a buffer from development a minimum of 600 feet in width and an average of over 1,000 feet in width along its eastern property line. At the present time the area north of the SR -118 freeway is largely undeveloped between Moorpark College and Madera Road, a distance of approximately 2.5 miles. The buffer proposed by North Park would maintain a visual separation from existing development in Simi Valley, particularly since the eastern portion of the North Park project site is not visible from the freeway. The SR -118 interchange proposed as part of the North Park project would be the most visible feature in this area, approximately one mile east of the Collins Drive interchange and one mile west of the future Alamos Canyon interchange. The Canyons project site (Unocal), which abuts the North Park project site to the east in Simi Valley's Sphere of Influence, currently includes two proposed residential villages at its western edge, separated from development proposed on the North Park project site by the eastern portion of the North Park Nature Preserve. The applicant for the Canyons project has indicated that a revised plan would be submitted in early 2004. Details on this revised plan are not available at this time. Buildout of City - The question of the expansion of the growth boundary of the City touches on issues related to maintaining a suburban /rural identity, appropriate buffers from development planned in Simi Valley, open space issues, continued use of the site for cattle grazing, wildlife corridors and the ultimate size of the City when built out under the General Plan. The City of Moorpark is currently forecast to have a population of approximately 44,300 at build out; this would increase to approximately 50,100 (13o increase) if the North Park Specific Plan is approved. The following table shows an estimate of population, housing, and employment with and without the North Park project under buildout S: \Community Development \DEV PMTS \S P \11 -North Park \Agenda Reports \040106 PC Report.doc 000013 Honorable Planning Commission January 6, 2004 Page 6 of the General Plan. Current population per household and vacancy rate figures are used in this estimate. This estimate does not account for additional employment induced by the new residences. Preservation of Significant Vegetation and Environmentally Sensitive Habitats: With the development area covering approximately 1,140 acres of the Specific Plan site, potential native grassland, coastal sage scrub, oak woodland and riparian habitats are all affected. Although much of the site was burned in the October 25 -26, 2003 fire, the habitat is expected to recover. Mitigation for loss of the habitat is addressed in the Revised Draft EIR. It should be noted that the conclusion of the EIR is that the loss of approximately 703.4 acres of native grassland and non - native grassland is an unavoidable significant impact that contributes substantially to an ongoing regional and local loss of foraging habitat for special status raptor species, particularly the white - tailed kite, northern harrier, ferruginous hawk, golden eagle, merlin, prairie falcon, short -eared owl, long -eared owl, and burrowing owl. Approval of the project would require findings that the benefits of the project override its significant environmental effects. Mitigation of Traffic Impacts and Phasing of Traffic Improvements with Development: The most impacted intersection in the project vicinity, the intersection of Collins Drive and Campus Park Drive, is currently functioning below City standards during morning and afternoon peak hours. Improvements to this intersection are proposed as part of the Specific Plan. Per the Commission's request, an updated exhibit showing the proposed improvements and their effect on the operation of this intersection is attached. S: \Community Development \DEV PMTS \S P \11 -North Park \Agenda Reports \040106 PC Report.doc 0 0 00 14 EXISTING (2003) BUILDOUT UNDER BUILDOUT IF ESTIMATES APPROVED NORTH PARK PROJECTS AND PROJECT IS CURRENT GENERAL APPROVED PLAN POPULATION 34,529 44,310 50,068 HOUSING 9, 895 12, 698 14, 348 UNITS EMPLOYMENT 9, 052 16, 697 16,900 Preservation of Significant Vegetation and Environmentally Sensitive Habitats: With the development area covering approximately 1,140 acres of the Specific Plan site, potential native grassland, coastal sage scrub, oak woodland and riparian habitats are all affected. Although much of the site was burned in the October 25 -26, 2003 fire, the habitat is expected to recover. Mitigation for loss of the habitat is addressed in the Revised Draft EIR. It should be noted that the conclusion of the EIR is that the loss of approximately 703.4 acres of native grassland and non - native grassland is an unavoidable significant impact that contributes substantially to an ongoing regional and local loss of foraging habitat for special status raptor species, particularly the white - tailed kite, northern harrier, ferruginous hawk, golden eagle, merlin, prairie falcon, short -eared owl, long -eared owl, and burrowing owl. Approval of the project would require findings that the benefits of the project override its significant environmental effects. Mitigation of Traffic Impacts and Phasing of Traffic Improvements with Development: The most impacted intersection in the project vicinity, the intersection of Collins Drive and Campus Park Drive, is currently functioning below City standards during morning and afternoon peak hours. Improvements to this intersection are proposed as part of the Specific Plan. Per the Commission's request, an updated exhibit showing the proposed improvements and their effect on the operation of this intersection is attached. S: \Community Development \DEV PMTS \S P \11 -North Park \Agenda Reports \040106 PC Report.doc 0 0 00 14 Honorable Planning Commission January 6, 2004 Page 7 Under the present proposal, all project traffic not using the freeway interchange (and all traffic from Phase "A ") would use Collins Drive for access. Turn movements to and from Campus Road would be prohibited. Circulation would be improved if Campus Road could be used as a second means of access. Campus Road, however, is a private driveway of Moorpark College, and not a public street. It would need to be acquired and improved to public street standards if utilized as a through way. An alternative to the use of Campus Road is the development of an extension of Campus Park Drive as analyzed in the Alternatives chapter of the Revised Draft EIR. Both the Collins Drive and Campus Park Drive routes from the project site would end up in the same location, the intersection of Collins Drive and Campus Park Drive, however, the provision of an additional route helps spread the impact of the traffic and it allows college students to access to parking lots along Campus Road from the new interchange without having to circle around the college. Another key issue for consideration is the timing of proposed new freeway interchange with the development of the proposed project. The construction of this interchange and the access road from the interchange to the project site (and Moorpark College) is a key public benefit. It would accommodate much of the Moorpark College traffic that comes from the east. The Moorpark College Master Plan estimates that approximately 400 of college students come from the east. Building permits for the first phase could be tied to progress on the completion of this interchange and access road to ensure its completion. As indicated in Chapter 3.3b of the Revised Draft EIR, the project would add to traffic on the SR -118 and SR -23 freeways, which would exceed design capacity with or without the project. Timelines for improvements to the freeway vary due to the uncertainty of funding these improvements. The proposed Specific Plan includes land for a neighborhood center which, with convenience retail, could help reduce project freeway traffic. The shopping center approved at Collins Drive and Campus Park Drive would also help reduce freeway traffic from the North Park project. Other than through local land use policy, which promotes trip demand reduction measures incorporated into the project design, policy and spending issues for freeways need to be addressed at a regional level. Extension of Broadway The current Highway Network Plan of the Circulation Element shows an extension of Broadway from its eastern terminus to the SR -118 freeway at Alamos Canyon Road as a Rural Collector. This Rural Collector was identified in the 1992 Circulation Element "to serve circulation needs of potential future development in the portion of S: \Community Development \DEV PMTS \S P \11 -North Park \Agenda Reports \040106 PC Report.doc 000015 Honorable Planning Commission January 6, 2004 Page 8 the planning area northeast of the City limits." Specific Plan Area No. 8 was planned for this area, to have a development of up to 3,221 dwelling units, provided that the City Council determined substantial public benefit from the amenities and /or financial contributions. The SOAR Ordinance, Measure "S ", amended the land use element by establishing an urban service boundary that did not include Specific Plan Area No. 8 and by deleting all planning for Specific Plan Area No. 8. It also amended the Circulation Element by amending the purpose of the planned extension of Broadway to be for "potential agricultural, open- space, or recreational uses in the portion of the planning area northeast of the City limits." The proposed North Park Specific Plan, as currently designed, does not include a road connection between Alamos Canyon Road and Broadway. The traffic study contained in the Revised Draft EIR does not indicate the need for such a road to provide for traffic demand from the project. The traffic study projected that only to of project trips would travel north on Walnut Canyon Road, potentially to Broadway (some may turn at Championship Drive). A higher number, 480 of project trips, are projected to travel east of the City on the SR -118 freeway. With the proposed new interchange, an additional connection at Alamos Canyon Road would be redundant. While regional benefit may be gained by a connection of Broadway to Alamos Canyon Road, such a purpose for a regional connection was not contemplated in the City's general plan, both before and after the approval of Measure "S" by the Moorpark voters. Provision of Public Transportation and Trails: The Circulation Element does not address bikeways on the project site but does include an equestrian trail connection through the site. An extension of planned trails to be consistent with the goal for a citywide system of safe, efficient and attractive bicycle and pedestrian routes is a critical issue for consideration, given the size of the project site. Such a multi- use trail connection to the Happy Camp Canyon Regional Park should be easily accessible to the public with appropriate parking facilities. Consideration should also be given for facilities for the City's transit route to serve the public parks and commercial center if this project is approved. Avoidance of Hazards: Issues related to geologic hazards, flooding, and existing oil extraction activities are addressed in the Revised Draft EIR, Comments, and Responses to Comments. Mitigation is included to S: \Community Development \DEV PMTS \S P \11 -North Park \Agenda Reports \040106 PC Report.doc 000016 Honorable Planning Commission January 6, 2004 Page 9 ensure proper abandonment of development footprint. Noise Compatibility: existing oil wells within the Traffic noise and noise compatibility of the proposed park site are addressed in the Revised Draft EIR, Comments, and Responses to Comments. Traffic noise from the project is both individually and cumulatively less than significant. Future activities at the proposed Community Park (identified in draft Specific Plan as Youth Sports Park) are not known at this time and would ultimately depend upon consideration of a park improvement plan by the Parks and Recreation Commission and City Council. Such a plan would address the issue of noise, as well as, night lighting and expected nighttime activities. Specific Plan and Zone Change Application As the Planning Commission is only considering General Plan Amendment, Specific Plan and Zone Change applications, conditions of approval normally developed for consideration of Tentative Tract Maps and Planned Development Permits are not provided. Rather, any conditions would take the form of recommended amendments to the Specific Plan. It should be noted that all mitigation measures developed as part of the Revised Draft EIR would be applied to the project, unless findings are made supported by substantial evidence that such mitigation measures are infeasible. Amendments to the Specific Plan could be made to address General Plan issues as well as other issues. Staff recommended amendments to the Specific Plan to address General Plan concerns are as follows: A. Provide for a greater variety of residential densities, with the highest densities around the lake and commercial center. Any increase in overall density of the development area should result in an increase in the size of the nature preserve. B. Provide a mixed -use commercial /residential development at the neighborhood center. Include both market -rate and affordable units in this development. C. Provide a more detailed plan for the provision of affordable units that includes greater mixing of affordable units with market -rate units, possibly both on and off site. D. Switch the locations of PA -10 (Community Park) with PA -21 (School) to allow for a road undercrossing or overcrossing between the 29.1 acre Community Park and Lakefront Park if desired by the City. S: \Community Development \DEV PMTS \S P \11 -North Park \Agenda Reports \040106 PC Report.doc 0 0 0017 Honorable Planning Commission January 6, 2004 Page 10 E. Delete any schematic diagrams of public parks or any discussion of improvements or programming of public parks. Parks should be referred to by names designated in the Open Space, Conservation, and Recreation Element based on their size and service area. The design and programming of public parks should take place through the established practice of the Parks and Recreation Commission and City Council. The Specific Plan should, however, identify appropriate funding mechanisms for the improvement and maintenance of the public parks. F. Incorporate a public swim area (with restrooms and locker rooms) and public boat rental operation (docks and concession building) into the proposed lake to enhance the public benefit of the lake. G. Provide an 18 -acre school site as requested by the Moorpark Unified School District. H. Include a phasing plan that ties the issuance of permits in Phase A to continued progress on the development of the new SR -118 interchange and access road. I. Provide a full -time road connection to the site (in addition to Collins Drive) either through the conversion of Campus Road to a public street or through the extension of Campus Park Drive. J. Include language in the Specific Plan that transit stop locations shall be provided for the commercial center and Community Park, if desired by the City. K. Provide public access from the Lakefront Parks to a trail connection that reaches Happy Camp Canyon Regional Park. Extend public access to at least 750 of the lake frontage. Provide a public pocket park at the turnaround point of the lake public access (trail). The following table identifies 21 issues that that the applicant has identified during the hearings on the proposed Specific Plan project. The applicant's option to address these issues and staff's recommendation on each issue are included. Some of these repeat the General Plan concerns noted above. No. Issue /Project Proposal Applicant Option Staff Recommendation 1 School Site Size (PA- Increase the school site Increase the school site 10): 12 -acre school to 18 net usable acres to to 18 net usable acres to site. satisfy a request from the satisfy a request from the Moorpark Unified School Moorpark Unified School District. District. S: \Community Development \DEV PMTS \S P \11 -North Park \Agenda Reports \040106 PC Report.doc 0 0 00 is Honorable Planning Commission January 6, 2004 Page 11 No. Issue /Project Proposal Applicant Staff Option Recommendation 2 Day Care Site Size (PA- Reduce the size of the day Reduce the size of the day 22): 1.6 acre day care care site to .5 acres to care site to .5 acres to site. allow for an increased allow for an increased school site size. school site size. 3 Vernal Pool Relocate the water tank to Relocate the water tank to Preservation - Water avoid the impacts to the avoid the impacts to the Tank (PA -54): Water vernal pool watershed. vernal pool watershed. tank encroaches into a vernal pool's watershed. 4 Vernal Pool Modify the alignment of Modify the alignment of Preservation- Moorpark Moorpark College Road Moorpark College Road College Road Alignment: and /or require the and /or require the Moorpark College Road adjacent slope to be adjacent slope to be encroaches into the returned through the use returned through the use pool's watershed. of walls to prohibit of walls to prohibit encroachment into the encroachment into the vernal pool watershed. vernal pool watershed. 5 Wildlife Movement: Modify the North Park land Modify the North Park land Moorpark College Road plan to add a second plan to add a second contains one wildlife wildlife crossing on wildlife crossing on crossing Moorpark College Road. Moorpark College Road. (Included as Mitigation in the Revised Draft EIR) 6 Canyon Crossing: Road Modify the Land Plan to Re- evaluate the number of crossing impacts mature relocate a canyon crossing living oak trees in the trees. to minimize impacts to impact area (as a result trees. Alternative 1 would of the October 25 -26, 2003 preserve an additional 49 fire) and develop a trees. Alternative 2 crossing to preserve as would preserve an many as possible without additional 64 trees but the need for a sewer would require a wider pumping facility. Trees canyon crossing and to be removed would installation of a sewer require replacement or pumping facility. compensation consistent with City Ordinance. 7 Gated Entry Locations: Relocate the middle and Relocate the middle and The middle and western western entry cottages western entry cottages entry cottages are further into the further into the immediately adjacent to community. community. PA -11 should public areas. The be in front of any entry proposed public Nature gate and the western entry Park (PA -11) is behind gate should be moved west a gated entrance. to be less visible from the public areas. S: \Community Development \DEV PMTS \S P \11 -North Park \Agenda Reports \040106 PC Report.doc Q 000019 Honorable Planning Commission January 6, 2004 Page 12 No. issue /Project Proposal Applicant Staff Option Recommendation 8 Separation of Lakeside Consolidate PA -37 and PA- Consolidate PA -37 and PA- Parks (PA -37 and PA- 38 into a single 9.8 -acre 38 into a single 9.8 -acre 38): Public and private public accessible lakeside public accessible lakeside park separated by park on the north side of park. Create a separate commercial center. the Neighborhood Center. public swim area in the This re- configuration also lake adjacent to this park widens the end of the lake with restroom and changing to increase its facilities, and provide a recreational value. public boat rental operation with concession building and docks. Incorporate timing language to tie permit issuance to completion of this amenity. 9 Lakeside Neighborhood Move the Lakeside Move the Lakeside Center (P -50): Neighborhood Center (P -50) Neighborhood Center (P -50) Currently between a to the east or west. to the east or west. public and private park. 10 Parking for Nature Clarify that public Clarify that public Park: The park is parking at the Nature Park parking at the Nature Park placed behind the entry is a permitted use. is a permitted use. cottage and parking is not shown on the plan. 11 Length of Public Access Extend the lakeside public Include at least 75s of on Lakeside Trail: The trail to connect the the lake perimeter as proposed plan calls for revised 9.8 acre lakeside publicly accessible by a a public trail on a public park to the pedestrian trail. Provide portion of the south trailhead location in PA- for a public pocket park lake shore from the 44. at the mid - point. Connect commercial center to a the revised 9.8 acre pocket park (PA -41). lakeside public park to Public access to the the trailhead location in Nature Preserve is PA -44 as part of this indicated but not trail. clearly defined. 12 Mixed Use (Residential Modify the plan to permit Include both market -rate and Commercial: No all or a portion of the and affordable housing mixed -use development affordable housing units as part of a mixed - is proposed. requirement be satisfied use (horizontal and /or as a mixed -use component vertical) development in within the Neighborhood PA -50. Reduce the size of Center PA -50. the commercial component to allow for housing on this site. Possibly increase the size of PA -50 with a reduction to the size of PA -31 to accommodate a mixed -use development. S: \Community Development \DEV PMTS \S P \11 -North Park \Agenda Reports \040106 PC Report.doc 0 0 0020 Honorable Planning Commission January 6, 2004 Page 13 No. Issue /Project Proposal Applicant Staff Option Recommendation 13 Public /Quasi- Public Designate PA -9 for Provide several locations, Uses on PA -9: The Public /Quasi - Public Uses. possibly both on and off Specific Plan now the project site for the locates 150 affordable provision of affordable housing units on PA -9. housing units mixed with market -rate units to avoid a concentration of affordable units in a single location. 14 Night Lighting at the Prohibit night lighting at Eliminate any exhibits or Community Park (PA -10): the park (PA -10). references to this site as The DEIR analyzed the a Youth Sports Park. impacts of night Designate the site a lighting of the park. Community Park and follow the normal City process of park and facility design through recommendation by the Parks and Recreation Commission and approval by the City Council. 15 Nature Preserve Enact a condition to Mitigation in the Revised Maintenance Funding require the establishment Draft EIR provides that a of an ongoing funding non - wasting endowment or program for the landscape management maintenance of the district be established to preserve in the amount provide for ongoing requested by SMMC. management costs of the Nature Preserve. 16 Groundwater Recharge Remove development from Remove development from Outcrop: The Specific the outcrop and relocate the outcrop and relocate Plan development 33 residential lots into 33 residential lots into footprint encroaches PA 31. PA 31. into about 15 acres of the Fox Canyon Outcrop. 17 Street Widths: The Modify the plan to apply Leave the Street Standards proposed Specific Plan narrower streets as shown in the Specific applies County Road standards. Plan and consistent with Standards. the City of Moorpark adopted standards. 18 Moorpark College Road Modify Moorpark College Modify Moorpark College Design: The proposed Road to become a four -lane Road to become a four -lane Specific Plan collector with a 13 -foot collector with a 13 -foot establishes Moorpark wide median. wide median. College Road as four - lane collector without a median. S: \Community Development \DEV PMTS \S P \11 -North Park \Agenda Reports \040106 PC Report.doc 0 0 00 21L Honorable Planning Commission January 6, 2004 Page 14 No. Issue /Project Proposal Applicant Staff Option Recommendation 19 Architectural Style: Modify the Specific Plan Add a ranch home as an The proposed Specific to delete the `Italianate architectural style. Plan identifies a House" style and add a series of architectural ranch -style theme. styles, generally categorized as "California Heritage", including `Italianate House" style but not including a ranch -style theme. 20 Guarantee Lake Impose a requirement that Impose a requirement that Maintenance and Access: as a conditional of as a conditional of The proposed Specific approval the project's approval the project's Plan identifies states CC &Rs provide that the CC &Rs provide that the that the proposed lake Homeowner's Association Homeowner's Association will be accessible to maintain the lake to maintain the lake to City the public. prescribed standards, and of Moorpark prescribed be obligated to continue standards, and be public access to the lake; obligated to continue and that these public access to the lake; restrictions cannot be and that these modified without a restrictions cannot be unanimous vote of all modified without a members of the Homeowners unanimous vote of all Association. members of the Homeowners Additionally, require the Association and approval applicant to provide an of the City of Moorpark. easement be granted to the Additionally, require the City assuring public applicant to provide an access to the lake. easement be granted to the City assuring continuous public access to the lake. 21 Collins Road Impose a requirement that Include the improvement of Improvements: The as a conditional of the Collins Road /SR -118 proposed Specific Plan approval of the project's and Campus Park requires that the the applicant immediately intersection as part of applicant complete the and diligently pursue the the Specific Plan, with Collins Road Collins Road improvements timing for improvements to improvements prior to upon project approval by be completed prior to the the issuance of the the electorate and issuance of any permits first building permit. annexation of North Park related to the Specific Village into the City. Plan, including soil testing. With appropriate amendments to the Specific Plan as recommended, along with the incorporation of all mitigation measures contained in the Revised Draft EIR, staff finds that the proposed project could be found consistent with the goals and policies of the City's General Plan, would provide both market rate and affordable housing, would meet school needs, and would provide a public benefit in the dedication of public open space, the publicly S: \Community Development \DEV PMTS \S P \11 -North Park \Agenda Reports \040106 PC Report.doc 0 0 00 2 2 Honorable Planning Commission January 6, 2004 Page 15 accessible lake, public parks, a fire station site, and an additional freeway interchange. Community Development staff recommends that the project be approved, subject to the recommended amendments, all mitigation measures, and any amendments of the Planning Commission. It should be noted that ultimate approval is subject to an affirmative vote of the Moorpark electorate. STAFF RECONaIENDATION Continue to accept public comments and continue the agenda item with the public hearing open to the January 20, 2004 Planning Commission meeting. ATTACHMENT: Proposed Improvements to the Intersection of Collins Drive and Campus Park Drive S: \Community Development \DEV PMTS \S P \11 -North Park \Agenda Reports \040106 PC Report.doc 0 (� (!� 0 ITEM: 8. Be MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Directo Prepared by David A. Bobardt, Planning Mana DATE: January 13, 2004 (PC Meeting of 1/20/2004) SUBJECT: Consider a Public Hearing to Accept Oral Comments on Chapter 3.3b (Freeway Traffic) of the Draft Environmental Impact Report for Specific Plan No. 2001 -01: North Park Village and Nature Preserve BACKGROUND On July 11, 2003, the Community Development Department released a Draft Environmental Impact Report (EIR) on the proposed North Park Village and Nature Preserve Specific Plan for public review. The period for accepting written comments was from July 11, 2003 to September 24, 2003. During the course of preparation of Responses to Comments, new information on significant impacts of the project related to traffic on the SR -23 and SR -118 freeways was identified. This information was added as a new chapter (Chapter 3.3b) in the Revised Draft EIR for the North Park Specific Plan. In accordance with the California Environmental Quality Act (CEQA), because new significant effects have been identified which can not be mitigated by the project, this new chapter must be circulated for public comment for at least 45 days. The Community Development Department released this new chapter for public review on December 16, 2003, with written comments due at City Hall by 5:00 PM on January 30, 2004. The City's adopted procedures for the processing of EIRs require the Planning Commission to hold hearings on Draft EIRs. A similar process would apply to this new chapter of the Revised Draft EIR that is being circulated for public review. DISCUSSION The Planning Commission hearing allows for the acceptance of oral comments on a Draft EIR. In this case, comments should be limited to the new information (Chapter 3.3b: Freeway Traffic) that has been circulated for public review. Oral comments on Chapter 3.3b received at this hearing will be treated in a similar manner as \ \mor pri sery \City Share \Community Development \DEV PMTS \S P \11 -North Park \Agenda Reports \040120 Draft EIR Report to PC.doc 000024 Honorable Planning Commission January 20, 2004 Page 2 written comments received on this chapter. Relevant concerns will be summarized and written responses will be prepared. Draft responses will be provided to the Planning Commission, along with draft CEQA Findings for this project. The Commission will then be asked to make a recommendation to the City Council on the adequacy of the EIR in satisfying CEQA requirements. This recommendation will be forwarded to the City Council along with the Planning Commission's recommendation on the General Plan Amendment, Specific Plan, and Zone Change applications. The Notice of Availability of Chapter 3.3b of the Draft EIR also noticed this hearing. It was sent to property owners within 1,000 feet of the project boundaries and was published in the Ventura County Star. In addition, Public Hearing signs were posted at College View Park and on the property (at the Moorpark College overflow lot). STAFF RECObMNDATION Open the public hearing, accept public testimony on Chapter 3.3b of the Revised Draft EIR (Freeway Traffic), and refer the comments to staff for preparation of responses. 000025 ITEM: 9. A. MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: Barry K. Hogan, Community Development Directo Prepared by Scott Wolfe, Principal Planner DATE: December 18, 2003 (PC Meeting of 1/20/04) SUBJECT: Consider Recommendation to City Council on Design Guidelines for Solar Energy Systems BACKGROUND On June 18, 2003, the City Council considered a report by Community Development staff pertaining to the feasibility of requiring photovoltaic generation systems to be installed consistently on all new residences. Staff had studied the issue and determined that while the photovoltaic technology shows future promise, it has not yet progressed to the point that uniform mandatory placement of such systems would be cost effective. As part of the recommendation to the City Council, staff also suggested that the matter be further studied to determine what measures would be appropriate in those instances where the use of photovoltaic or other solar systems is feasible. Of particular concern was the establishment of guidelines pertaining to the placement of such systems, as they could cause an adverse visual impact. The City Council concurred and referred the matter back to staff for further study; and asked that staff expand the study to include commercial and industrial uses. DISCUSSION Since that time, staff has reviewed pertinent pre - empting laws and the practices of other cities. The City's ability to regulate these uses is limited by the California Solar Rights Act to those actions which do not affect either the cost of implementing the system, or the efficiency of the system, by more than 200. In recognition of this, staff has proposed the guidelines shown in Exhibit A of the Draft Resolution attached to this report. These guidelines will allow staff to regulate the placement of these S: \Community Development \DEV PMTS \Z 0 A \2003 \Photovoltaic Guidelines \PC Agenda Report.doc 000026 Honorable Planning Commission January 20, 2004 Page 2 systems to safeguard the aesthetic characteristics of the City and its neighborhoods to the greatest extent allowable under the law, while ensuring that the ability of property owners to place and utilize these systems is not hindered. The main thrust of the guidelines is to strongly favor the placement of the proposed systems in locations which are the least visible from public rights -of -way, other public facilities, and neighboring residences and businesses. To this end, the guidelines place the burden of proof on the applicant to show that the placement in a non - preferred location is necessary to meet the requirements of the Solar Rights Act. ENVIRONMENTAL DETERMINATION The adoption of Design Guidelines for Solar Energy Systems is considered to be a "project" under the California Environmental Quality Act (CEQA), requiring an appropriate level of environmental review. 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 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 a 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 qualify for a General Rule Exemption in accordance with Section 15061 of California Code of Regulations (CEQA Guidelines). No further environmental documentation is required. 000027 Honorable Planning Commission January 20, 2004 Page 3 STAFF RECObMNDATION Adopt Resolution No. PC -2004- recommending to the City Council adoption of Design Guidelines for Solar Energy Systems. ATTACHMENTS: 1. Draft Resolution PC -2004- RESOLUTION NO. PC -2004- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL ADOPTION OF DESIGN GUIDELINES FOR SOLAR ENERGY SYSTEMS WHEREAS, the City Council has identified the use of solar energy systems as an effective and desirable means of producing energy which is plentiful, non - polluting, and does not deplete the natural resources as many other energy sources do; and WHEREAS, the negative visual impacts associated with the use of these systems can be significant, particularly when viewed from neighboring properties or public rights -of -way; and WHEREAS, the California Solar Rights Act limits the ability of the City to restrict the use or placement of solar energy systems to the degree that the costs would increase by more than twenty percent (200), or that the efficiency would be degraded by more than twenty percent (200); and WHEREAS, draft Design Guidelines for Solar Energy Systems have been prepared in recognition of the desire of the City to both promote the use of solar energy and minimize the visual impacts of solar energy systems consistent with the limitations established by the California Solar Rights Act; and WHEREAS, the Design Guidelines for Solar Energy Systems are exempt from environmental review under the California Environmental Quality Act (CEQA) by the general rule that CEQA only applies to projects that may have a significant effect on the environment. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. PLANNING COMMISSION RECOMMENDATION: The Planning Commission of the City of Moorpark recommends to the City Council the adoption of the Design Guidelines for Solar Energy Systems, attached hereto as Exhibit A. SECTION 2. 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. S: \Community Development \DEV PMTS \Z O A \2003 \Photovoltaic Guidelines \PC Reso.doc PC ATTACHMENT 000029 Resolution No. PC -2004- Page 2 The action of the foregoing direction was approved by the following vote: AYES: NOES: ABSTAIN: ABSENT: PASSED, AND ADOPTED this 6th day of January, 2004. Kipp A. Landis, Chair ATTEST: Barry K. Hogan Community Development Director Exhibit A - Design Guidelines for Solar Energy Systems 000030 Resolution No. PC -2004- Page 3 EXHIBIT A DESIGN GUIDELINES FOR SOLAR ENERGY SYSTEMS 1. These Guidelines shall apply to the installation and maintenance of solar energy systems for all uses in all zones Citywide. Solar energy systems, as referenced herein, shall refer to any system, or component equipment of such system, associated with the collection of sunlight, its conversion to usable energy (whether electricity or heat), and the transmission and storage of that energy to the building or facility the equipment serves. 2. Proposals for the placement of solar energy systems shall be accompanied by an assessment of alternative locations on the subject property, along with justification for the selection of the preferred alternative. Placement of the equipment shall occur on the location least visible from the public rights -of -way and neighboring properties. Exceptions shall be granted in instances where installation in a non - preferred location will result in cost reductions of at least twenty percent (200) or increases in power generation of at least twenty -five percent (250) when compared to the City preferred location. The applicant shall have the burden of proof to show that an alternative location will meet these requirements. 3. Solar energy system equipment shall be placed in locations which are the least visible from public streets, public facilities, and neighboring properties. Avoiding visibility from public rights -of -way shall be the highest priority, followed by avoiding visibility from neighboring properties. Placement on the roof plane facing away from a street is the preferred location. 4. Placement of equipment on flat roof elements is acceptable, so long as the equipment or its support structures are not visible from public streets, public facilities or neighboring properties. The equipment shall be screened with an architecturally compatible structure. 5. Equipment and required structural supports shall be placed as close to the roof plane as possible while still maintaining safe and effective operational conditions. 000043JL Resolution No. PC -2004- Page 4 Flush mounting is required on pitched roofs, unless flush mounting would constitute a significant impact on cost or efficiency, as defined by the California Solar Rights Act. Equipment and support structures shall not extend beyond the existing roof area, or above the top of the wall, of the building upon which they are mounted. 6. Equipment frames, support structures, and related rooftop equipment shall be painted to match, as closely as possible, the predominant color of the roof. The color shall be subject to the approval of the Community Development Director. 7. All electrical wiring shall be enclosed in conduit and all exterior conduit and exterior plumbing on buildings shall be painted to match, as closely as possible, the surface across which they run. Ground - mounted plumbing and conduit shall be buried underground. 8. All solar energy system equipment shall be considered accessory structures and shall meet applicable setback and height limitations. 9. Solar energy system equipment, including hot water storage tanks, shall not occupy required parking spaces. 10. Non - functional solar energy systems shall be repaired or removed within 3 months of becoming non - functional. 11. Review and approval of solar energy system installation to existing buildings shall be accomplished through non- discretionary process (i.e. Zoning Clearance), unless significant alterations to the subject building are required. In these instances, a Permit Adjustment, Planned Development Permit or other discretionary process as determined by the Community Development Director shall be the appropriate mechanism for review and approval. OCJCU 2