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Home My WebLink AboutMIN 2001 1126 PC REGPlanning Commission, City of Moorpark, California Minutes of the Meeting of November 26, 2001 Page 1 1) CALL TO ORDER: Chair Parvin called the meeting to order at 7:04 p.m. 2) ; ?LEDGE OF ALLEGIANCE: `lice Chair Otto led the Pledge of Allegiance. 3) ROLL CALL: ,Janice Parvin, Chair William F. Otto, Vice Chair Mark DiCecco aul Haller ]Kipp Landis Commissioners DiCecco, Haller, Landis, Vice Chair Otto and Chair Parvin were all present. Staff attending the meeting included Steven Kueny, City Manager; John Libiez, Planning Manager; Walter Brown, City Engineer; and Laura Stringer, Senior Management Analyst. 4) PROCLAMATIONS, COMMENDATIONS ANb SPECIAL PRESENTATIONS: None. 5) REORDERING OF, AND ADDITIONS TO THE AGENDA: None. 6) CONSENT CALENDAR: �) Minutes of Planning Commission Meeting of October 15, 2001. Chair Parvin announced staff's recommendation to :strike the last five words from Condition No. 2b, page 14. MOTION: Vice Chair Otto moved to approve the minutes as amended, Commissioner Otto seconded the motion. Motion passed with a unanimous 5:0 voice vote. 3) Minutes of Special Joint City Council/ Planning Commission Meeting of October 22, 2001. S: \Community Development \Everyone \PLANNING COMMISSION MINUTES \011126 - pcm.doc Planning Commission, City of Moorpark, California Minutes of the Meeting of November 26, 2001 Page 2 140TION: Commissioner Haller moved to approve the minutes, Commissioner Landis seconded the motion. Motion passed with a unanimous 5:0 voice vote. 7) PUBLIC COMMENTS: None. 8) ?UBLIC HEARINGS: A) Consider Development Agreement No. 2001 -01 for West Pointe at North Ranch (General Plan Amendment 99 -01, Zone Change 99 -01, Residential Planned Development 99 -02 and Vesting Tentative Tract Map 5187) on the Application of West Pointe Homes, Inc. Staff Recommendation: 1) Open the public hearing, take public testimony and close the public hearing; 2) Adopt Resolution No. PC 2001-f recommending to the City Council approval of Development Agreement No. 2001 -01. John Libiez, Planning Manager, introduced Steven Kueny, City Manager, who provided the staff presentation (reference staff report dated November 15, 2001) . Mr. Kueny provided an overview of the Development Agreement review process for the project and commented on the City Council's recommendation for consideration of requirements for photovoltaics to be :included in the Development Agreement. Commissioner Landis requested clarification of Mr. Kueny's comments regarding photovoltaics. Mr. Kueny provided clarification, stating that staff's recommendation would be to include photovoltaics as :required by the conditions of approval for the project. Chair Parvin requested clarification of Section 6.14 relating to re -sale of affordable units. Mr. Kueny responded that those issues would be addressed in the Affordable Housing Agreement with the developer. S: \Community Development \Everyone \PLANNING COMMISSION MINUTES \011126 - pcm.doc Planning Commission, City of Moorpark, California Minutes of the Meeting of November 26, 2001 Page 3 Chair Parvin requested clarification of Section 6.13 relating to the developer's ability to dedicate or control drilling rights. Vince Daly, the developer's representative, was asked to respond to the question. Fie stated that the developer owned the sub - surface rights to the property. Chair Parvin questioned the reference to Subsection 11.5 included in Section 11.9, citing that Section 1.1.5 had been deleted. Staff responded that the reference should be deleted. Chair Parvin requested clarification of language on page 39 relating to substitute property for school sites. Staff responded that it was very unlikely that a school site would be identified within the project and that the reference was probably not applicable. Commissioner Landis requested clarification of term limitations related to subsequent approvals. Mr. Kueny responded with clarification of term of various project entitlements, concluding that the Residential Planned Development permit was the most limiting entitlement term that was related to subsequent approvals. Commissioner Landis questioned reference to Exhibit "A ". Mr. Kueny responded that Exhibit "A" was the property description and would be added to the document prior to final approval. Commissioner DiCecco commented to the reference of a school site in Section 6.2, a park site in Section 6.11 and the lack of lot number /letter reference in Section 6.13. Mr. Kueny provided clarification stating that any sections or references not pertinent to the project S: \Community Development \Everyone \PLANNING COMMISSION MINUTES \011126 - pcm.doc Planning Commission, City of Moorpark, California Minutes of the Meeting of November 26, 2001 4 would be deleted and referenced lot number 263 as the open space lot in question. Commissioner DiCecco questioned the library, police and fire facility fees referenced in Section 6.21 and other fees as they related to potential institutional uses. Staff clarified the origin and application of the fees. Vice Chair Otto requested clarification of the City Council's recommendation to include photovoltaic requirements in the agreement. Mr. Kueny clarified that the intent was to provide permanent energy- saving photovoltaic features in each house /structure. Vice Chair Otto commented that the current "state of the art" photovoltaic facilities used more energy to manufacture than they saved. Commissioner DiCecco commented that his recent research had produced the same conclusion. Chair Parvin requested additional clarification from Mr. Daly concerning the ownership of drilling rights. No speaker cards were submitted. Chair Parvin closed the Public Hearing. Commissioner Landis commented to moving forward with the Development Agreement and suggested that staff review several technical items, including: • Review of the use and consistency of quotation marks. • Use of Developer vs. Developers. ❑ Correction of Subsection numbers in Section 6. i ❑ Section 5.1 on Page 5: Consideration should be given to removing discussion of the results of S: \Community Development \Everyone \PLANNING COMMISSION MINUTES \011126 - pcm.doc Planning Commission, City of Moorpark, California Minutes of the Meeting of November 26,1 2001 Page 5 Pardee VS. Camarillo and adding language referencing timing of RPD approvals. ❑ Section 5.3.(g) on Page 7: Preface the reference to General Plan Land Use Element with "City's ". • Section 5.5 on Page 6, clarify "minor modification" by use of capitalization. • Section 11.4 on page 32: suggested starting a new paragraph after deleted reference to Section 11.5. ❑ Section 16. on page 34: Suggested revision to indemnification paragraph regarding approval of counsel. Commissioner DiCecco commented to the Commission's prior review of the project. He also commented to Section 6.14 (affordable housing requirements) and the impact of fees on affordability, and suggested that /- every effort be made to expedite processing, where f possible. Mr. Kueny responded with comments to balancing fees and city infrastructure requirements. Commissioner DiCecco commented to Section 7.1 and use of expedited processing and overtime and suggesting a possible language change from "possible" to "necessary" or "reasonable." Mr. Kueny responded that staffing constraints (both City and consultant) would dictate the process timing, .and that most projects were permitted concurrent ,processing of entitlements. Nice Chair Otto echoed Commissioner DiCecco's comments regarding Commission's prior review of the project and that it had been improved through the process. Discussion between Vice Chair Otto and staff ensued regarding the Development Agreement review process. Vice Chair Otto further commented support for leaving reference to Pardee vs. Camarillo in the document. He S: \Community Development \Everyone \PLANNING COMMISSION MINUTES \011126 - pcm.doc F Planning Commission, City of Moorpark, California ( Minutes of the Meeting of November 26, 2001 Page 6 also expressed concern with the fees and affordability. Discussion with staff ensued regarding -various options to balance affordability and the cost of necessary improvements. Vice Chair Otto expressed his support for recommending approval of the Development Agreement to the City Council. Commissioner Haller commented to the balance of fees and the amount of the second deed of trust. Chair Parvin commented to support for leaving Section 5.1., and commented that her recent experience indicated fees in other jurisdictions similar to Moorpark's. She further expressed support for recommending approval of the Development Agreement to the City Council. Commissioner DiCecco commented of photovoltaics, stating that recommendation to condition expanded his previous comment price would need to come down needed to produce photovolta saved, and that State rebate making them currently viable. further to the issues he agreed with staff's projects. He also indicating that the that more energy was c products than they were the only thing Commissioner Landis commented to language regarding affordability levels and dollar value of units, with Mr. Kueny responding that the language would be zlarified prior to final drafting of the agreement. 190TION: Commissioner Landis moved that the Planning Commission approve staff's recommendation to adopt Resolution No. P.C. 2001 -419 recommending to the City Council approval of Development Agreement No. 2001 -01, and further directing staff to include Planning Commission comments in written communication to the City Council. Commissioner DiCecco seconded the :notion. Motion passed with a unanimous 5:0 voice vote. 9) DISCUSSION ITEMS: S: \Community Development \Everyone \PLANNING COMMISSION MINUTES \011126 - pcm.doc Planning Commission, City of Moorpark, California Minutes of the Meeting of November 26, 2001 c Pape 7 Commissioner Otto recommended that he communicate with Councilmember Harper on photovoltaics issues. By consensus, the Commission agreed. 10) ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: None. 11) ADJOURNMENT: MOTION: Commissioner Landis moved to adjourn the meeting and Commissioner Haller seconded the motion. Motion passed with a unanimous 5:0 voice vote. Chair Parvin adjourned the meeting at 7:59 p.m. ice Parvin, Chair ATTEST: Deborah S.S. Traffe°nstedt City Clerk S: \CO=Unity Development \Everyone \PLANNING COMMISSION MINUTES \011126 - pcm.doc