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HomeMy WebLinkAboutAG 2000 0911 PC REGr PLANNING COMMISSION MEETING ANNOTATED AGENDA September 11, 2000 7:00 p.m. Next Resolution No. PC- 2000 -393 1) CALL TO ORDER 2) PLEDGE OF ALLEGIANCE 3) ROLL CALL: Mark DiCecco - Chair Janice Parvin - Vice Chair Paul Haller Kipp Landis William F. Otto All Commissioners were present at the meeting. Staff attending the meeting included John Libiez, Planning Manager, Paul Porter, Principal Planner, Walter Brown, City Engineer, Steve Craig, The Planning Corporation Consultant, and Celia LaFleur, Administrative Secretary. -----•-------------------------------------------------- - - - - -- Any member of the public may address the Planning Commission during the Public Comments portion of the Agenda, unless it is a Public Hearing or a Presentation /Action /Discussion item. Speakers who wish to address the Plann__ng Commission concerning a Public Hearing or Presentations /Action/ Discussion item must do so during the Public Hearing or Presentations/ Action /Discussion portion of the Agenda for that item. Speaker cards must be received by the Secretary for Public Comment before the beginning of the first item of the Presentation /Action /Discussion portion of the Agenda. Speaker Cards for a Public Hearing must be received before the beginning of the Public Hearing. A limitation of three minutes shall be imposed upon each Public Comment and Presentation /Action /Discussion item speaker. Written Statement Cards may be submitted in lieu of speaking orally for open Public Hearings and Presentation /Action /Discussion items. Copies of each item of business on the agenda are on file in the office of the Community Development Director and are available for public review. Any questions concerning any agenda item may be directed to the Community Development Department Administrative Secretary at 805.529.6864, extension 228. In compliance with the Americans with Disabilities Act, if you need assis =ance to participate in this meeting, please contact the City Clerk's Depar - =ment at 805.529.6864. Notification 48 hours prior to the meeting �- will enable the City to make reasonable arrangements to ensure '. accessibility to this meeting 9CFR 35.102- 35.104 (ADA Title II). 2000 -09-11 pcas IaW 4:34 PM LMcket 0 CM LZ'.det t CC PLANNING COMMISSION ANNOTATED AGENDA SEPTEMBER 11, 2000 Page 2 4) PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: None 5) REORDERING OF, AND ADDITIONS TO THE AGENDA: None 6) CONSENT CALENDAR: A) June 26, 2000 Planning Commission Minutes MOTION: Commissioner Parvin moved and Commissioner Otto seconded a motion to approve the June 26, 2000 minutes as submitted. Motion passed with a unanimous 5:0 voice vote. 7) PUBLIC COMMENTS: None 8) PUBLIC HEARINGS: r A) General Plan Amendment No. 99 -2 and Zone Change No. 99 -4; a request by Pacific Community Builders, to amend the designation of the Land Use Element of the General Plan and change the zoning designation on 4.9 acres located on the west side of Liberty Bell Road, south of Los Angeles Avenue and north of the Arroyo Simi (Assessor Parcel No.: 506- 0 -050- 505). Proposed General Plan Amendment is to change the designation from C -2 (General Commercial) to VH (Very High Density Residential 15 dwelling units per acre) and OS -2 (Open Space) on the area required for Flood Control purposes. Proposed change of zoning is from CPD (Commercial Planned Development) to RPD -7.9 (Residential Planned Development - 7.9 dwelling units per acre) and OS (Open Space) on the area required for Flood Control purposes. Staff Recommendation: Open the public hearing, receive testimony, and continue the public hearing to September 25, 2000. B) General Plan Amendment 99 -5 and Zone Change No. 99- 5; a request by Triliad Development, Inc., to amend 2000 -09 -11 pcaa PLANNING COMMISSION ANNOTATED AGENDA SEPTEMBER 11, 2000 Page 3 the designation of the Land Use Element of the General Plan and change the zoning designation on approximately 10.8 acres located on the north side of Los Angeles Avenue, west of Gabbert Road and the Southern California Edison electric substation; (Assessor Parcel No.: 500 -0- 340 -080). Staff Recommendation: Open the public hearing, receive testimony, and continue the public hearing to September 25, 2000. Proposed General Plan Amendment is to change the designation from C -2 (General Commercial) to I -2 (Medium Industrial). Proposed change of Zoning is from CPD (Commercial Planned Development) to M -2 (Limited Industrial). Mr. Libiez advised the Planning Commission that due to improper posting of the combined hearings for the GPA and Zone Changes both matters need to be continued with public hearings open. The Residential Planned Development and Tentative Map also will need to be continued since a development project should not be approved until the Commission has made its consideration of the General Plan Amendments and Zone Changes. In the interest of not inconveniencing the public, testimony was received at this hearing. Paul Porter, Principal Planner provided the staff presentation on Planning Commission Agenda Items 8. A. and B. Reference: Staff Report dated September 11, 2000. Mr. Porter provided a brief history of the site proposed for development. The public hearing opened. Testimony received from the following: Valerie Drager, Triliad, 270 Conejo Ridge, #200, Thousand Oaks, CA 91361. Written Statement Card in Support Brooke Luke, 4755 North Buttercreek Road, Moorpark, CA 93021. Provided a "Written Statement Card" - In r opposition (As a resident of the Buttercreek Road homes adjacent to Los Angeles Avenue, I am always 2000 -09 -11 pcaa PLANNING COMMISSION ANNOTATED AGENDA SEPTEMBER 11, 2000 Page 4 amazed at how quietly zoning changes are approved. An industrial project across the street from where children are riding their bikes, walking home from school and playing is yet another indication that the Planning Commission does not stay in -touch with the community it serves). Elaine L. Freeman, 2509 E. Thousand Oaks Blvd., Thousand Oaks, CA 91362, representing Urban Strategies /Pacific Communities. Ms. Freeman provided background information concerning the proposed development. Ms. Freeman briefly described the exhibits displayed, and TR -5053 final phase information. Ms. Freeman spoke about Affordable Housing and how the affordable housing units would be integrated within the Pacific Communities development. Nelson Chung, President, Pacific Communities, 1000 Dove Street, Newport Beach, CA. Mr. Chung provide information about other housing projects that have been developed by Pacific Communities. MOTION: Commissioner Otto moved and Commissioner Landis seconded a motion recommending that the public hearing remain open and continued to the Planning Commission's meeting of September 25, 2000. Motion passed with a unanimous 5:0 voice vote. C) Residential Planned Development Permit No. 99 -04, Vesting Tentative Tract No. VTT 5204 (Applicant: Pacific Communities) . A request to develop thirty - seven (37) freestanding single family residential units; Vesting Tentative Tract Map to create thirty -seven (37) residential lots. Staff Recommendation: Continue public hearing to September 25, 2000. MOTION: Commissioner Otto moved and Commissioner Haller seconded a motion recommending that the public hearing remain open and r to continue item 8.C. to the Planning 2000 -09 -11 pcaa r PLANNING COMMISSION ANNOTATED AGENDA SEPTEMBER 11, 2000 Page 5 Commission's meeting of September 25, 2000, Commissioner seconded the motion. Motion passed with a 5:0 unanimous voice vote. D) West Pointe Homes Tract 5187 Environmental Impact Report. The Planning Commission will consider preliminary comments to a Draft Environmental Impact Report and shall assess and analyze the impacts related to the development by West Pointe Homes, Inc. of Tract 5187, a 250 lot hillside subdivision located within the City of Moorpark west of Walnut Canyon Road and northerly of Casey Road. No decision or recommendation will be made on the document or project at this hearing. John Libiez, Planning Manager gave the staff presentation. Reference: Staff Report dated September 6, 2000. Steve Craig, Consultant, spoke of development impacts and how they related to the population and development, design features, and unresolved issues. Mr. Craig spoke of the need for an alternate connection to link projects beyond the 118 Bypass, "It should provide for pedestrian, trail and vehicle connection," he said. He spoke about the need for incentives to complete these improvements prior to project development, since they are not funded like air quality and traffic. Mr. Craig identified a letter received from the area local residents (dated September 5, 2000) that addressed traffic circulation concerns to Walnut Canyon Road. Commissioner Haller had the following questions: Page 4 Phasing Plan - Has the applicant agreed to the phasing plan? Emergency Fire Access - Who determines the requirements? 2000 -09 -11 pcaa PLANNING Page 6 AGENDA 11, 2000 If all projects developed, would money be available to mitigate impacts? Will the 118 Bypass ever be built? Coastal sage impacts, what are they. Moorpark Unified School District data needs to be updated with new information. Clarify page 28 Chapter 19 - Level of Service A to C then A to B. Mr. Craig responded with the following information: Some of the comparative data is now out of date and will be updated. Traffic Level of Service - The Level of Service is estimated using two tables to quantify and one to estimate. Regarding phasing - The developer may be willing to build a connector. Regarding Fire access - Currently it does not meet fire emergency fire access. City prefers two access points, one to the north, one to the south to solve long term problems. Botanical - Yes, existing approved project is more destructive than the alternative. Austin -Foust is reviewing copies of the development traffic studies to summarize project impacts and concerns for Moorpark Avenue and High Street Moorpark Unified School District - Senate Bill 50, allows up to 50% to be captured. Commissioner Otto had the following comments: Some of the mitigation being associated with the applicant would be coupled during processing; an update should be required from the school district. Currently, Casey Road has school activity (traffic for Walnut Canyon School). How will the current and proposed impacts be mitigated? 2000 -09 -21 pcaa PLANNING COMMISSION ANNOTATED AGENDA SEPTEMBER 11, 2000 Page 7 #4 under issue 5, change language to address adequacy of left turn movement onto Casey Road. Commissioner Parvin had the following comments: Will anything be done about those residents who are unable to turn out of their own driveways? Mr. Libiez responded that lane control is a possibility. Ultimately, a better design for Walnut Canyon Road could best address the problem, but major expansion or reconstruction is not likely to happen quickly. Other projects are proposed, i.e. Suncal. If each developer cooperated, impacts could be minimized. The Commission had the following concerns: Traffic and circulation: What impact the Toll Brothers development has? What would the connector be? participate? result of a (south) Hitch Ranch Would Toll Brothers be asked to Mr. Libiez responded that in SP No. 1, a decision has not yet been made. Both projects propose potential area for private gating, but allow some movement between the two projects. Long term planning to insure connectivity in the northwest part of the community would provide better development potentials. Steve Craig replied that West Pointe Homes is similar to the Toll Brothers project, but different because all gated neighborhoods and both golf courses are served by a public road. West Pointe proposes that a private road be present and linked to provide a gated community. The General Plan currently requires a strong trail system, rather than roadways, and everyone assumes it is applied to pedestrian and trailways as well. The public hearing opened. Testimony received from the following: 2000 -09 -11 pcaa PLANNING COMMISSION ANNOTATED AGENDA SEPTEMBER 11, 2000 Page 8 James Rasmussen, developer, 2020 upper Ranch Road, Thousand Oaks, CA. Vince Daly, 26500 W. Agoura Suite 566, Calabasas, CA 91302. Mr. Daly presented a video outlining the entitlement process for West Pointe Homes. The current proposal first consisted of 420 dwelling units and now contains 250 dwelling units, and methods for preserving the ridgelines and open spaces, and proposes to address off -site concerns with dual access to this project modified to connect with Specific Plan No. 1. James Hartley, 7150 Gabbert Road, Moorpark, CA. Commended the applicant for being available to the property owners to answer their concerns. Mr. Hartley reminded staff that this was not the only project, which has only one major access, all of these developments have alternative access. Mr. Hartley had the following comments: Regarding Walnut Canyon Road traffic impacts, blame growth, the State highway, and no access points. Don't change the ridgeline. The normal fire clearance area is 100 feet. Follow the Fire Department recommendations for sprinklers. Provide 250 acres as a conservation area. Madeline Hartley, 7150 Gabbert Road, Moorpark, CA 93021. Mrs. Hartley had the following comments: This project is at rear property line of her residence. Mrs. Hartley was in support of the project. She would like to save wildlife, trail system, and the ridgeline. Minimize impact to the viewshed. Insure the ridgetrail is accessible to the public, not just the land owners, and incorporate this information into the environmental impact report. Rosann Mikos, 14371 E. Cambridge Street, Moorpark, CA 93021. Mrs. Mikos recommended that the public 2000 -09 -11 pcaa PLANNING COMMISSION ANNOTATED AGENDA SEPTEMBER 11, 2000 Page 9 hearing stay open. That the Homeowners Association be a part of the new proposed plan, and create permanent conservation area /open space. Walnut Canyon Road impacts and Caltrans need improvements, it's an accident waiting to happen. Commissioner Haller had the following comments: What are the impacts to Casey Road? Prepare an analysis for traffic data on High Street and Moorpark Avenue. Is there enough money for Walnut Canyon Road improvements? At what time do you start looking at the trail system? Commissioner Otto requested staff to report back with information concerning the safety issues for left turn movement onto Casey Road. Will the safety level be where we want it to be? MOTION: Commissioner Landis moved and Commissioner Otto seconded a motion to continue the public hearing to the Planning Commission meeting of October 23, 2000. Motion passed with a 5:0 unanimous voice vote. E) City of Moorpark Zone Ordinance Amendment No. ZOA 2000 -01. Consideration of a Zoning Code Amendment to amend Section 17.52.060 related to Change of Use for a Non - conforming Use to allow a change in use upon City Council authorization without need for Council approved Conditional Use Permit as currently required. Staff Recommendation: 1. Open the public hearing, accept public testimony, close the hearing, and approve Resolution No. PC -2000- recommending City Council approval. Presented by John Libiez, Planning Manager. (r Reference: Staff Report dated September 7, 2000. 2000 -09 -11 Pcaa PLANNING COMMISSION ANNOTATED AGENDA SEPTEMBER 11, 2000 Page 10 The Commission discussed a need for standards, permits and requirements for non - conforming uses. The Commission felt that the following permit standards /requirements should be considered: 1. Consistency with the General Plan, Zoning Code; 2. Compatible with surrounding development; 3. Not obnoxious, detrimental, or harmful to the public. 4. If compatible, the reason for dealing at City Council level. Lynn Owens, 4647 Adonis Place, Moorpark, CA 93021. Mrs. Owens commented that the City should continue to have the Conditional Use Permit process. Noticing property owners, application would remain incomplete until violations are in compliance. Permit new use, but first abandon former use. James Owens, 4647 Adonis Place, Moorpark, CA 93021. A. C. Construction has always been a nonconforming use. In 1994, Mr. Owens addressed the City Council, regarding an Administrative Permit, which allowed the concept of the non - conforming use change to another non - conforming use. A construction yard turned into a recreational vehicle storage facility. Commissioner Otto replied that this process may be a non issue. There may be zero cases that will use the opportunity to give up previous non - conforming uses forever. This could be abused. Mr. Libiez, replied that in the proposed language process is not defined, limitations and requirements still need legal review, and a determination of who should review this can be part of the recommendation. Are there limitations in the process? What will be required in the submittal? Are there impacts? MOTION: Commissioner Landis moved and Commissioner Otto seconded a motion to continue 2000 -09 -11 pcaa PLANNING COMMISSION ANNOTATED AGENDA SEPTEMBER 11, 2000 Page 11 this public hearing item to the Planning Commission meeting of October 9, 2000. Motion passed with a 5:0 unanimous voice vote. 9) DISCUSSION ITEMS: WIN =I — 10) ANNOUNCEMENTS OF FUTURE AGENDA ITEMS: Mr. Libiez advised the Commission that a Draft Housing Element and Draft Safety Element should be presented for staff review shortly. A public hearing schedule for Planning Commission and City Council will be developed once reviewed. 11) ADJOURNMENT: The meeting adjourned at 10:30 p.m. 2000 -09 -11 pcaa