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HomeMy WebLinkAboutMIN 1989 1218 PC REG11 Planning Comission, City of Moorpark, California Minutes of December 18, 1989 The regular scheduled meeting of the Planning Commission was held on December 18, 1989 in the City Council Chambers of the Community Center located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER The meeting was called to order at 7:00 p.m., Chairman Wozniak presiding. 2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Chairman Wozniak. 3. ROLL CALL Present: Chairman John Wozniak; Vice Chairman William Lanahan; Commissioners Glen Schmidt and Roy Talley. Absent: Commissioner Michael Scullin was absent. By consensus, the Commission determined that Commissioner Scullin be granted an excused absence. Other City Officials and Representatives: Patrick J. Richards, Director of Community Development; Deborah Traffenstedt, Senior Planner; Winnifred Wilson, Associate Planner, John Knipe, Assistant City Engineer; and Sally Coons, Secretary. 4. APPROVAL OF MINUTES September 24, 1986 (PC) August 29, 1988 (PC & P &R) November 20, 1989 (PC) December 4, 1989 (PC) By consensus, the Minutes of December 4, 1989 were corrected to reflect the proper roll call vote; and to correct- the address of William Mason, listed under Public Comments. MOTION: Commissioner Schmidt moved and Vice Chairman Lanahan seconded a motion to approve the minutes for the meetings of September 24, 1986; August 29, 1988; November 20, 1989; and December 4, 1989 (as amended). The voice vote was uranimous, with Commissioner Scullin absent. Planning Commission, City of Moorpark, California Minutes of December 18, 1989 5. PUBLIC COMMENTS None. 6. CONSENT CALENDAR A. Resolution No. PC -89 -206 A Resolution of the Planning Commission of the City of Moorpark, California, Recommending to the City Council that Major Modification No. 1 (Development Permit No. 348) on the Application of A to Z Self Storage be Denied Without Prejudice. MOTION: Commissioner Schmidt moved and Vice Chairman Lanahan seconded a motion to adopt Resolution No. PC -89 -206. The voice vote was unanimous, with Commissioner Scullin absent. B. Planned Development Permit No. PD -1055 Minor Modification No. 1 - Baher The applicant requested the approval of a minor modification to PD -1055 which would involve changes in the architectural elements, materials, and colors in order to enhance the building character. Located at 216 Moorpark Avenue. Upon questioning by the Commission, Director of Community Development Richards advised that the new owners of the subject property are interested in repainting the building; eliminating trellis work and replacing it with mission tile; moving the front staircase to the back of the building; and re- establishing the landscaping. Chairman Wozniak advised that no action is required on this item. The Commission received and filed the report. 7. PUBLIC HEARINGS A. General Plan Amendment No. GPA -88 -1A and Zone Change No. Z -88 -2A (Latunski) Amend General Plan land use designation from Residential Low (5 acre /du) to Rural High (1 acre /du) and revise zoning from RE -5 acre to RE -1 acre for a 4.12 -acre property. Located at 289 Casey Road (approximately 1800 feet north of Casey Road and 1500 feet west of Walnut Canyon Road. Senior Planner Deborah Traffenstedt presented the Staff Report. She stated that if the proposed General Plan Amendment and Zone Change were approved, it would create a maximum of four lots. Ms. Traffenstedt advised the Commission that Mr. Latunski owned the property at the time it was downzoned by the County in 1982 from RE -1 to RE -5 to bring the property into conformance with the 1979- adopted Moorpark Community Plan. In addition, there were approximately 100 other properties that were downzoned during Planning Commission, Cif of Moorpark. California Minutes of December 18, 1989 Pace -3- this County rezoning process in 1982. She noted that by approving Mr. Latunski's zone change, a precedent would be set for the other properties to request similar zone changes. The requested General Plan Land Use Designation Amendment and Zone Change are considered to be inconsistent with the adopted Land Use Element Goals and Policies related to preventing scattered urban development. Issues of concern included access and circulation, as well as water and sewer facilities. Ms. Traffenstedt requested that the Planning Commission recommend to the City Council a denial of the proposed General Plan Amendment and Zone Change based on the finding that: 1) it is not consistent with the Land Use Element of the General Plan; and 2) access and public services are inadequate to accommodate the proposed zoning. In response to Commissioner Schmidt, Director of Community Development Richards advised that the City is not in control of guidelines for water and sewer facilities; that the Fire Department determines what is safe and reasonable guidelines for access to the property; that no other zone changes to more intense use have been approved for open space areas; and that restrictions on the use of septic tanks are based on County standards. In response to Commissioner Lanahan, Director of Community Development Richards advised that the City Council did not direct Staff to research areas surrounding the Latunski property; and that Mr. Lieb was the only other property owner who expressed an interest in the re- zoning process, but subsequently withdrew. In response to Commissioner Lanahan, Ms. Taffenstedt advised that Staff's timetable for completing the hearings for the General Plan Update is November 1990. Chairman Wozniak opened the Public Hearing and recognized the following speakers: 7.A. Joseph Latunski (289 Casey Road, Moorpark) distributed a packet of information to the Commission. He reviewed the information, giving a history of his purchase of the property in 1960 at a zoning of Al -A acre; its subsequent rezoning by the County in 1982 to RE -5 acre; the Supreme Court's Opinion rendered in June, 1987 that states to downzone a property without compensation violates the Constitution; the City Council's action in September, 1988 to process the zone change at no cost to Mr. Latunski; the Council's subsequent action requesting Staff to expedite the process; and the requirement and payment of fees. Mr. Latunski stressed the fact that this is a zoning matter and not a development issue; that he is requesting a zone restoration and not a land division. AT THE HOUR OF 7:55 p.m., Chairman Wozniak declared a five minute recess. The meeting reconvened at the hour of 8:00 p.m. Planniug Commission, City of Moorpark, California Minutes of December 18, 1989 In response to Vice Chairman Lanahan, Mr. Latunski advised that City Staff informed him in January, 1989 that his rezoning would require an EIR and Traffic Study, and that he would be required to pay these costs as well as the cost of sign posting and advertising. If these costs were not paid, Staff advised they would request the City Council to set aside the process, without prejudice. Mr. Latunski advised that he paid $1,000 in September, 1989 to reactive the process. In response to Commissioner Talley, Mr. Latunski advised that the main purpose for his request for rezoning is to: 1) sell the property; 2) build two or three houses on the property; or 3) wait for Mr. Guny or Mr. Lieb to develop the adjacent properties. In response to Vice Chairman Lanahan, Mr. Latunski advised that he cannot wait to go through the General Plan Update process because he cannot afford the lengthy time it is taking to complete the process. 7.B. Don Fender (14875 -C Campus Park Drive, Moorpark) supported Mr. Latunski's position that the property be reinstated to RE -1 acre zoning as it was when Mr. Latunski purchased it in 1960. Mr. Fender also cited the Supreme Court Opinion advising that Mr. Latunski could bring expensive litigation against the City in this matter. He further advised that a traffic study is not necessary since the closure of the school on Casey Road has virtually eliminated all traffic in this area; that the issue of utilities has never been a problem before; and the fact that the property is approximately 800 feet from a fire department invalidates any argument regarding lack of fire protection. 7.C. John Galloway (338 Sierra Avenue, Moorpark) advised that he is concerned about several issues: 1) the request before the Commission is a zoning request and not a development request; 2) it is a unique situation in that Mr. Latunski owned the property prior to the downzoning; and 3) that the debate at the City Council was not whether or not the property should be reinstated to its original zoning but rather who should pay for it. He further advised that the City Council gave clear direction to remedy the downzoning and ascertained that Mr. Latunski should not be subject to the lengthy time frame of the General Plan Update process. Mr. Galloway also suggested that access to the property may be possible directly from Walnut Canyon Road. He further stated that he reserved the right to speak to this issue in the future should this not be resolved fairly. In response to questions from the Commission, Mr. Galloway advised that the City Council did not consider all the legal aspects of the Supreme Court decision when it made its decision to convert the property to its original zoning; however it was the City Attorney's opinion that if the property were to be rezoned, it had to go through the legally proper steps to do so and could not be changed merely by a Council action. Planning Commission, City of Moorpark, California Minutes of December 18, 1989 Page -5- 7.C. Stephen Velador (1331 Walnut Canyon Road, Moorpark) advised the Commission that he felt Mr. Latunski had a right to get back his original zoning as it was when he purchased the property. He further advised that he did not see a problem with septic tanks on one acre lots in this area. Being no further speakers, Chairman Wozniak closed the Public Hearing. Commissioner Schmidt recommended that the Commission get legal clarification on the Supreme Court Opinion concerning downzoning, and whether or not it is retroactive to actions taken in 1982; and that the appropriate zoning for the Latunski property be based on the requirements as they are now and not what they were in 1982. Vice Chairman Lanahan advised that he concurred with Staff's recommendation; that the land use should be in concert with the General Plan Update because it could be precedent setting. Commissioner Talley agreed that the Latunski rezoning should be a part of the General Plan Update process. Chairman Wozniak requested a clarification on the actions taken by the City Council on this matter, including the discussions and decisions; what legal opinions were garnered during those sessions; and a legal clarification on the Supreme Court Opinion rendered on downzoning. He agreed with the other Commissioners that processing the Latunski request separate from the General. Plan Update is not in the interest of the City at large. MOTION: Commissioner Schmidt moved that the Commission recommend to the City Council a denial of the proposed General Plan Amendment and Zone Changed based on the following findings: 1) That the proposal is not consistent with the Land Use Element of the General Plan; and 2) That access and public services are inadequate to accommodate the proposed zoning. MOTION SECOND: Vice Chairman Lanahan seconded the motion with the following amendment: That the transcripts from the Council proceedings on this matter (City Council meeting September 7, 1988) be made available to the City Council when it again hears this matter; and that the City Attorney be requested to render an opinion on the 1987 Supreme Court Opinion No. 85 -1199. MOTION VOTE: The voice vote was unanimous, with Commissioner Scullin absent. Staff presented Resolution No. PC -89 -207 for the Commission's consideration entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING THAT GENERAL PLAN AMENDMENT NO. GPA -88 -1A AND ZONE CHANGE NO. Z -88 -2A ON THE APPLICATION OF JOSEPH LATUNSKI BE DENIED. Planninx Commission, City of Moorpark, California Minutes of December 18, 1989 Paste -6- MOTION: Commissioner Schmidt moved and Vice Chairman Lanahan seconded a motion to adopt Resolution No. PC -89 -207, with amendments. The voice vote was unanimous, with Commissioner Scullin absent. 8. PLANNING COMMISSION ACTION ITEMS None. 9. INFORMATION ITEMS None. 10. COMMISSION COMMENTS Commissioner Talley expressed the concern of residents living adjacent to the Texaco Station which is storing contaminated dirt. Mr. Richards advised that the appropriate agencies are continuing to work on the clean -up of this problem. Vice Chairman Lanahan requested Staff to get direction from the City Council as to the Commission's role regarding decisions to remove General Plan Amendments from the General Plan Update process which tend to take the Commission away from its goal of long -term planning and instead require it to deal with short -term patchwork. Chairman Wozniak noted Caltrans and Unocal and pursue this. 11. STAFF COMMENTS receipt of a copy of the letter between indicated a desire that the City continue to Director of Community Development Richards advised that there is no scheduled business to come before the Commission on January 2, 1990 and requested the Commission consider cancelling that meeting. CONSENSUS: By consensus, the Commission determined to cancel the Planning Commission meeting scheduled for January 2, 1990. 12. Planning Commission, City of Moorpark, California Minutes of December 18, 1989 Pane -7- CONSENSUS: By consensus, the meeting was adjourned at the hour of 9:06 p.m. RESPECTFULLY SUBMITTED ON o�-S -�1lS BY: Celia LaFleur, Secretary CHAIRMAN PRESIDING: Q4A� Vv �In Wozniak 121889PC.MIN