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HomeMy WebLinkAboutMIN 1993 0405 PC REGPlanning Commission, City of Moorpark, California Minntas Of April 5, 1993 The regular meeting of the Planning Commission held on April 5, 1993 in the City Council Chambers. Located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Chairman Wesner called the meeting to order at 7:06 p.m. 2. PLEDGE OF ALLEGIANCE: vice Chairman Torres led the Pledge of Allegiance.. 3. ROLL CALL: Present: Steve Brodsky, Christina May, Barton Miller, John Torres; and Chairman Michael Wesner Jr. Jim Aguiilera, Director of Community Development; Paul Potter, Senior Planner; Kathleen M. Phipps, Associate Planner; Charles Abbott, City Engineer; Dirk Lovett, Assistant City Engineer; and Celia LaFleur,'Administrative Secretary. Absent: None. 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: There were no proclamations, commendations or special presentations. S. REORDERING OF, AND'ADDITIONS TO THE AGENDA: The Planning Commission's concurred to reorder the agenda in order that Item 10.B be presented following Public Hearing Item 9.B. 6. APPROVAL OF MINUTES: MOTION: Commissioner Miller moved and Commissioner Torres seconded a motion to approved the Planning Commission minutes of February 1, 1993, March 1, 1993, and March 15, 1993 as submitted. Motion passed by a 5:0 voice vote. Planning Commission, City of Moorpark, California Minutes of April 5, 1993 7. PUBLIC COMMENTS: Connie Lawrason, Ambermeadow, Moorpark, California. Mrs. Lawrason requested that the Commission consider continuing their Item 10.D to the next regular meeting of the Planning Commission so that staff's report on Historical Preservation be reviewed by the Moorpark Historical Society. Charles Schwabauer, 12681 Broadway Road, Moorpark, California. Mr. Schwabauer requested that the Commission consider continuing their Item 10.D to the next regular meeting of the Planning Commission so that staff's report on Historical Preservation be reviewed by the Moorpark Historical Society. S. CONSENT CALENDAR: A. Resolution No. PC -93- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA APPROVING THE NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM; APPROVING COMMERCIAL PLANNED DEVELOPMENT NO. CPD 92 -1 ON THE APPLICATION OF AL- ATASSI RELATED TO ASSESSOR'S PARCEL NO. 506 -0- 050 -220 (ARCO). MOTION: Commissioner Brodsky moved and Commissioner May seconded a motion to approve Resolution No. PC -93- 273 as presented with revisions to: Condition No. 33 - Revised to include "....remove the existing driveways existing at the time ..... "; Condition No. 39 - a. "...........shall be capable of visually monitoring 24 hours per day and must be recorded from dusk to dawn ....... ° , b. The proposed pay telephone shall be relocated to be in front of the building so as to be seen from Los Angeles Avenue. Motion passed by a 5:0 voice vote. Planning Commission, City of Moorpark, California Minutes of April 5, 1993 Paae -3- 9. PUBLIC HEARINGS: a. Orchard Downs Homeowners Association is requesting approval to create a private community by placing a gate approximately, 160 feet east of the corner of Turfway and Grimes Canyon Road. Staff Recommendation: Open the public hearing and accept public testimony. Make the appropriate findings. Approve Resolution No. PC -93- denying Conditional Use Permit No. 93 -1 Presented by Senior Planner Paul Porter. Reference: Staff Report dated March 25, 1993. The Commission discussed the feasibility of Orchard Downs Homeowner Association developing their own access road to serve the residents of this tract. The City Engineer concurred that although it was possible to develop an access road to this tract it would be at an estimated cost of one million dollars per each mile developed. The Director of Community Development Jim Aguilera commented that by providing a single access road to separate tracts was not necessarily a good plan, and that access roads should interconnect for purposes of emergency service /response. Public Hearing Opened At 7:40 p.m. Testimony received by the following: Wayne Colmer, President of the Orchard Downs Homeowners Association, 23875 Ventura Blvd., Calabasas, California. Mr. Colmer made several comments on the problems that the residents of this tract had experienced. He also commented on the inadequate emergency response time. Tony Hershman, 10817 Alysheba, Moorpark, California. Mr. Hershman commented on the non- resident traffic at the Orchard Downs tract. He said that he had on several occasions heard firearms used. He said that he was very much concerned for the safety of his children. r' Planning Commission, City of Moorpark, California Minutes of April S, 1993 Page -4- Jay R. Galidig, Secretary to the Orchard Downs Homeowners Association, 1625 Avenida del Magano, Camarillo, California. Mr. Galidig concurred with Mr. Hershman.s statements of excessive vehicles in the area. Randy Pizzola, 10887 Pimlico Drive, Moorpark, California. Mr. Pizzola complained about the excessive noise, vehicles, quail hunting, property owners liability concerns, ATC vehicles. Keith Campeau, 10716 Alysheba, Moorpark, California. In support of Orchard Downs HOA request to have a gated community. MOTION: Commissioner Brodsky seconded 'a motion to time being 8:10 p.m. moved and Commissioner Miller close the public hearing, the Motion passed by a 5:0 voice vote. Commissioner May commented that the HOA would perhaps sign a waiver that would indicate that the citizens and property owners would agree to removal of the gates when the City so ordered. MOTION: Commissioner May moved and Commissioner Brodsky seconded a motion to adopt the following findings: a) The proposal for a temporary gate and kiosk is consistent with the purpose, intent, guidelines, standards, policies, and provisions of the City's General Plan, and Chapters 1 and 2 of the Ordinance Code. b) The proposed temporary gate and kiosk is consistent with the following policy in the Circulation Element of the General Plan because, the streets would be opened to the public upon the City exercising it's option to take the dedication of the streets for access to the property to the east of Tract 4081: "The completion of the ultimate circulation system, through the improvement of sub- standard roadway segments and intersections and the construction of missing roadway links and related facilities shall be actively promoted." Planning Commission, City of Moorpark, California Minutes of April S. 1993 Page -5- Permitted Land Use 1. The applicant is granted approval to install a temporary gate approximately 160 feet east of the corner of Turfway and Grimes Canyon Roads. A kiosk to be located 60 feet from the corner is also approved. The gate and kiosk shall be as shown in the submitted plot plan and elevations. The entry /security gate shall be constructed of wrought iron per the approved plans. The gate system shall contain a knox box for emergency vehicle and post office delivery -access and be designed to meet all government requirements. The system shall have a reversing gate in the event the gate hits an obstruction, and loop sensors to open the gate when exiting and a manual release handle. Time Limit 2. This Conditional Use Permit is granted for a period of time of five (5) years ending April 19, 1998, or at the time the City exercises it's option to take Turfway and Alysheba Drive as public roads, whichever comes first. That upon expiration of this permit or the City taking these streets for public access, the applicant shall remove the gate and kiosk within thirty (30) days of the City's request to remove them. That at the end of the five year period, and following the filing of a request for a time extension to the Conditional Use Permit by the permittee, the Director of Community Development will review and may continue this permit for an additional five year period, providing that full compliance with all conditions of the Tract Map and Conditional Use Permit have been complied with and that the City does not have plans in the near future to use Alysheba Drive and Turfway Road for public circulation to adjacent properties. The Homeowner's Association shall give written notice to all property owners of the intent of the Homeowner's Association to apply for a new Conditional Use Permit and of all Planning Commission and /or City Council hearings Planning Commission, City of Moorpark, California Minutes of April 5, 1993 regarding this matter at least fifteen (15) days prior to the administrative hearing. 3. Prior to issuance of a Zoning Clearance to install the kiosk and gate, the applicant shall provide verification to the Department of Community Development from the Post Office that a "Neighborhood Delivery Community Box Unit (NDCBU)" has been installed for all property owners outside of the area of the proposed gate. 4. Prior to installation of the gate and kiosk, the applicant shall obtain a Zone Clearance from the Department of Community Development. Compl ante With Conditions for Tract Map No. 4081 5. Prior to issuance of a Zoning Clearance for this use, the applicant shall demonstrate that all conditions for Tract Map No. 4081 have been satisfied. Fr—=v Mme 6. Prior to issuance of a Zoning Clearance for installation of the gate and kiosk, the applicant shall amend the CC and R's informing the property owners of the temporary nature of the gate and kiosk. The modified language shall be subject to review of the Department of Community Development and the City Attorney. The applicant shall pay all City costs, including that of the City Attorney and the City's Administrative cost for reviewing the amended language and the required covenant (see Condition No. 11). Abandonment of Use 7. Upon expiration of this permit, or abandonment of the use, the premises shall be restored by the permittee at his /her cost to the Planning commission, City of Moorpark, California Minutes of April 5, 1993 conditions existing prior to the issuance of the permit, as nearly as practicable. That if the applicant does not remove the gate and kiosk within thirty (30) days of the City's request to remove them, the City, at it's own discretion, may remove these items at the applicant's and /or property owners' expense. ;_�. -. 9. That the applicant agrees and acknowledges that approval of this gate and kiosk shall not be ermanent and agrees not to sue the City as a r9sult of the City exercising it's option to require the gate and kiosk to be taken down or by not approving a renewal of the Conditional Use' Permit at the end of each five (5) year period. 10. That Homeowners' Association shall have each property owner sign for and be given a copy of these conditions of approval for the gate and kiosk. Reouiremtnt for Covenant 11. The Homeowner's Association shall cause to have a covenant prepared and recorded on each property acknowledging that Tract 4081 is not a permanently gated community and the temporary nature of the Conditional Use Permit for the gate and kiosk is temporary in that the City may use Alysheba Drive and Turfway Road as public access to properties located to the east of the subject property. The covenant shall also state that the property owner waives his /her right to protest the ability to use Turfway and Alysheba Drive as public roads in order to provide circulation to the property to the east. This covenant is subject to review and approval of the City and Planning Commission, City of Moorpark, California Minutes of April S. 1993 Pace -a- the City Attorney. 12. The permittee agrees as a condition of issuance and use of this permit to reimburse the City for any and all costs including court costs and /or attorney's fees which the City may be required by the court to pay as a result of any action the City may take to have the gate and kiosk removed and the premises restored to a condition satisfactory to the City. Acceptance of Conditions of Approval 13. The'permittee's acceptance of this Conditional Use Permit and /or commencement of construction and /or operations under this permit shall be deemed to be acceptance by the permittee of all conditions of this permit. The action of the foregoing direction was approved by the following roll vote: Commissioner May: Yes; Commissioner Brodsky: Yes; Commissioner Miller: Yes; Commissioner Torres: Yes; Chairman Wesner: No. Recessed at 8:40 p.m. - Reconvened at 8:55 p.m. A proposal to rescind Ordinance No. 154 and adopt a new ordinance changing the zone designation from C -2 (General Commercial) to CPD (Commercial Planned Development) for Assessor Parcel No. 512 -0- 150 -380 (McDonald's Corporation). Located on the northeast corner of Spring Road and Los Angeles Avenue. open the public hearing and accept public testimony. Close the public hearing and adopt Resolution No. PC -93- recommending to the City Council the resignation of Ordinance No. 154 and re- zoning for Assessor's Parcel No. 512 -0- 150 -380 Presented by Associate Planner Kathleen Mallory. Reference: Staff Report dated March 15, 1993. T Planning Commission, City of Moorpark, California Minutes of April S, 1993 Page -9- MOTION: Vice Chairman Torres moved and Commissioner May seconded a motion to approve Resolution No. PC -93- 274 as presented. Motion passed by a 5:0 voice vote. At this point in the agenda Item 10.D was reordered. 10.d Historical Preservation A report on the Historical Preservation Ordinance. The Director concurred with the representatives of the Historical Society to continue for further review of this item to the Commission's meeting of May 3, 1993. MOTION: Chairman Wesner moved and Commissioner Brodsky seconded a motion to continue this item to May 3, 1993. Motion passed by a 5:0 voice vote. 10. DISCUSSION ITEMS: �. . - - . II II - An appeal of a denial for time extension for project inauguration of residential planned development permit number RPD -89 -4. Staff Recommendation: Uphold the Director of Community Development decision to deny Appeal No. 93 -1. Presented by Senior Planner Paul Porter. Reference: Staff Report dated March 16, 1993. Testimony received by the following: Francis Okyere, Chamber of Commerce President, 530 Moorpark Avenue, Moorpark, California. Mr. Okyere was in support of the Urban West Communities request for an extension of project inauguration of residential planned development permit number RPD -89 -4. He commented that Urban West developments had been an asset in many support projects for the City. He requested that the Commission reconsider the request of Urban West Communities and Planning Commission, City of Moorpark, California Miaut69 of April 51 1993 Pave -10- grant the one year extension. Tom Zanic, 520 Broadway, Santa Monica, California. Mr. Zanic provided the Commission with information of the cost factors Which applied to this specific project, more specific he said that $500,000 towards the development. The Commission questioned Mr. Zanic to whether he could commit to the type of residential project RPD -89 -4 would provide. Mr. Zanic could not commit to number of units, or whether the development plan would change, or that the project would even be built. Commissioner Torres commented that he did support the extension if the project development remained as is. Commissioner Brodsky felt that he could not support the extension because there were no guarantees that the project would be developed, down scaled. MOTION: Chairman Wesner moved and vice Chairman Torres seconded a motion to approve the appeal of Urban West Communities on a denial for time extension for project inauguration of residential planned development permit number RPD -89 -4. Motion passed by a 4:1 voice vote. Commissioner Brodsky voting NO. b. Sign Ordinance A Draft of Citywide and Downtown Sign Ordinance, Article 30 of the Zoning Ordinance. Presented by Associate Planner Kathleen Mallory. Reference: Staff Report dated March 23, 1993. The Commission proposed the following changes and continued their review of this item to April 19, 1993: Staff recommended the following changes: i. Political Signs be changed from 8 square feet to 16 square feet, aggregate changed from 60 square feet to 80 square feet (changes consistent with existing sign ordinance ; ii. The allowance of monument signs within the Downtown area potentially based upon setbacks; Planning Commission, City of Moorpark, California Minutes of April 5, 1993 Paae -11- iii. where appropriate the requirements indicated with "may" be changed to "shall "; iv. specific requirements for window coverage change. Change requirements in draft ordinance to 25% per window area (not total window area); V. Monument Signs - height limitation changed to 4 feet by 5 feet. Five square feet may be to "boxie." Delete width requirements. Maximum square footage of 30; vi. Add the provisions for signs not to extend beyond the property line; vii. Page 127 - add officially registered trademark to this text; viii.Page 129 Section 8110 -3.1 Sign Colors - review the first two paragraphs for clarity. Exempt logos /trademarks from the color restrictions. ix. Define unsafe; X. Confirm that the lighting standards are consistent throughout the document; xi. Eliminate duplicate text. Eliminate the inconsistent use of "Director" in the text; xii. Add billboards and pole signs to the list of prohibited signs; xiii.Modify abatement time lines (i.e., unsafe sign = removal within 24 hours); xiv. Confirm that five feet is high enough for real estate signs; is the square footage appropriate; xv. Page 129 add text discussion that exempts logos and trademarks from sign color restrictions; xvi. Add text discussion regarding holiday signs; xvii.Put a time frame (i.e., seconds) on how long a sign must be flashing for before it is considered a "flashing sign "; f xviii.What is the difference between milliamperes and Planning Commission, City of Moorpark, California Minutes of April 5, 1993 Pace -12- wattage for lighting, how is illumination of signs handled in other cities. The Commission concluded by saying that staff had worked diligently in the preparation of the revised sign code, that the Table of contents was user friendly and concurred to continue this item to the next regular meeting of the Planning Commission. •. 1=1 A report on revision to the Open Space, Conservation and Recreation (OSCAR) Element of the General Plan. This item will be continued to the Planning Commission's next regularly scheduled meeting. A report on the Planning Commissioner's March 10, 11, & 12, 1993 conference. The Director gave an overview of the Planning Commission conference. 11. STAFF COMMENTS: The Director gave an update to current project processing. 12. COMMISSION CONMENTSp None. 13. FUTURE AGENDA ITZX$: None presented. 14. ADJOURNMENT: The Planning Commission meeting adjourned at 11:15 p.m. RESPECTFULLY SUBMITTED CHAIRMAN: f- 93 BY: Celia LaFleur, Secretary a rma