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HomeMy WebLinkAboutMIN 2002 1028 PC REGi Planning Commission, City of Moorpark, California Minutes of October 28, 2002 Paae 1 The Regular Meeting of the Planning Commission was held on October 28, 2002, in the City Council Chambers; Moorpark Civic Center; 799 Moorpark Avenue; Moorpark, California; 93021. 1. CALL TO ORDER: Vice Chair Landis called the meeting to order at 7:10 p.m. 2. PLEDGE OF ALLEGIANCE: Commissioner Parvin let the Pledge of Allegiance. 3. ROLL CALL: Commissioners DiCecco, Haller, Parvin, and Vice Chair Landis were present. Staff attending the meeting included Barry Hogan, Community Development Director; Walter Brown, City Engineer; Paul Porter, Principal Planner; Joseph Fiss, Principal Planner; Scott Wolfe, Principal Planner; and Gail Rice, Administrative Secretary. 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: Mr. Hogan announced that staff had received Chair Otto's official resignation which was forwarded to the City Clerk. 5. REORDERING OF, AND ADDITIONS TO THE AGENDA: Vice Chair Landis took a poll to see how many people were in attendance regarding Item 8.E. Commercial Planned Development Permit No. 2000 -04. He then announced that the Commission would attempt to address that item by 8:00 p.m. 6. CONSENT CALENDAR: A. Regular Meeting Minutes of October 14, 2002. Commissioner Parvin moved and Commissioner Haller seconded a motion that the Planning Commissioner Meeting minutes of October 14, 2002, be approved. Motion carried with a unanimous 4:0 voice vote. 7. PUBLIC COMMENTS: There were no public speaker cards submitted. S: \Community Development \ADMIN \COMMISSION \MINUTES \2002 Final \021028 pcm.doc Planning Commission, City of Moorpark, California Minutes of October 28, 2002 Page 2 PUBLIC HEARINGS: (next Resolution No. 2002 -432) A. Consider Conditional Use Permit No. 2002 -04, for Fifteen (15) Communication Antennas (Panels) Placed in Three Groups of Five (5) Antennas and a 230 Square Foot Equipment Building at the Ventura County Waterworks District College Water Tank Reservoir Facility, on the Application of Nextel. (Assessors Parcel No. 500 -0 -281 -405) Staff Recommendation: Open the public hearing, take public testimony, and continue the public hearing open, to the Special Meeting of November 4, 2002. Mr. Hogan presented the staff report, recommending that the Public Hearing be opened and continued to the November 4, 2002, Planning Commission Special Meeting. Vice Chair Landis opened the public hearing at 7:12 p.m. There were no speaker cards and no written statement cards. MOTION: Commissioner Haller moved and Commissioner DiCecco seconded a motion to approve staff recommendation to continue the item, with the public hearing open, to the Planning Commission Special Meeting of November 4, 2002. Motion carried with a unanimous 4:0 voice vote. B. Consider Tentative Parcel Map No. 5371, Subdivision of a 0.98 -acre Parcel of Land Into Three (3) Parcels of 12,379.66; 12,092.16; and 12,170.57 Net Square Feet; Respectively (Applicant: RJR Engineering Group; Owners: Mr. and Mrs. Culler) Staff Recommendations: 1) Open the public hearing, accept public testimony, and close the public hearing; 2) Adopt Resolution No. PC -2002- approving Tentative Parcel Map 5371. S: \Community Development \ADMIN \COMMISSION \MINUTES \2002 Final \021026 pcm.doc Planning Commission, City of Moorpark, California Minutes of October 28, 2002 Paae 3 Mr. Fiss presented the staff report and provided a summary of the proposed subdivision. The Commission had no questions of staff. Vice Chair Landis opened the public hearing at 7:15 p.m. Daniel Groff; owner of one of the parcels indicated that he was available for questions. He also requested that Condition of Approval No. 7 (page 6 of Attachment A) be deleted because it did not apply to the project. Mr. Hogan commented that staff concurs with the deletion of Condition of Approval No. 7. James O'Tousa; RJR Engineering; engineer for the project, indicated that he was available for questions. The Commission had no questions of Mr. Groff or Mr. O'Tousa. Vice Chair Landis closed the public hearing at 7:17 p.m. MOTION: Commissioner Parvin moved and Commissioner Haller seconded a motion to approve Resolution No. PC- 2002 -432, approving Tentative Parcel Map 5371 with the deletion of Condition of Approval No. 7 on page 6. Motion carried with a unanimous 4:0 voice vote. C. Consider Conditional Use Permit No. 2000 -08, for Construction of a Wireless Communications Facility on an Existing Southern California Edison Power Pole Located within the Caltrans Right -of -Way on the East Side of Walnut Canyon Road at Approximately 7260 -1/2 Walnut Canyon Road, on the application of The Consulting Group, Inc. for Cingular Wireless (Adjacent and west of Assessor Parcel Number 500 -0- 240-16) Staff Recommendations: 1) Open the public hearing, accept public testimony and close the public hearing; S: \Community Development \ADMIN \COMMISSION \MINUTES \2002 Final \021028 pcm.doc Planning Commission, City of Moorpark, California Minutes of October 28, 2002 Pacie 4 2) Adopt Resolution No. PC -2002- approving Conditional Use Permit No. 2000 -08 subject to conditions. Mr. Porter presented the staff report. Mr. Porter informed the Commission that staff provided the Commission with copies of two (2) additional Conditions of Approval for review. He indicated that the conditions had been accepted by the applicant. The Commission questioned staff on the following: Commissioner Haller: • Distance of nearest residential unit. • Page 3; first paragraph of the staff report, "that maintenance will be required every 40 to 6 weeks." Typographical error. Should read 4 to 6 weeks. • Determination of continuance of radiation at 100 watts. • Page 3; third paragraph; correction to the words, "..... not violate and air quality standards. Change to read, not violate any air quality standards. ". Commissioner Parvin: • The Resolution references Conditional Use Permit No. 2000 -04 and should say Conditional Use Permit No. 2000 -08. Requested a review of the documents for consistency throughout. • Page 2; Section 4.B., remove the word "enhancement." • Page 6; Condition of Approval No. 14., deletion of the word "landscaping." • Page 6; Condition of Approval No. 19; the words "paint colors" were questioned. • Page 7; Condition of Approval No. 22; ".... the Developer shall obtain call necessary ..... Development \ADMIN \COMMISSION \MINUTES \2002 Final \021028 pcm.doc Planning Commission, City of Moorpark, California Minutes of October 28, 2002 Paqe 5 Should read, shall obtain all necessary • Page 7; Condition of Approval No. 27; the statement "if any hazardous waste is encountered during construction of this project, all work shall be immediately stopped ... May need to be stricken. • If repairs are required, where will the maintenance truck be parked to accomplish repairs? Vice Chair Landis: • Page 4. Length being six (6) feet and the Municipal Code stating three (3) feet. Staff should state the size of the horizontal elements are necessary to achieve the desired function. Vice Chair Landis opened the public hearing @ 7:25 p.m. Barry Hammond; applicant's representative, stated that Cingular Wireless concurs with staff recommendations and the additional two (2) Conditions of Approval. Mr. Hammond answered Commissioner Haller's question regarding the radiation pattern. Commissioner Parvin questioned why Cingular had chosen the site, rather than one of the water tanks where other wireless communication facilities were located. Mr. Hammond responded that the site met requirements for existing repeater station coverage. Commissioner Haller questioned whether the radiation pattern had been filed with the application. Mr. Hammond and Mr. Porter responded that the pattern information had been included in the application. Vice Chair Landis closed the public hearing at @ 7:28 p.m. S: \Community Development \ADMIN \COMMISSION \MINUTES \2002 Final \021028 pcm.doc Planning Commission, City of Moorpark, California Minutes of October 28, 2002 Paqe 6 Commissioner Parvin questioned staff regarding future access requirements and needs for this proposed site. Commission Haller stated when the application was filed in 2000, it was an antennae installation rather than a microcell. He stated that there had been a change from the original concept which changed the radiation pattern and exposure levels. MOTION: Commissioner Haller moved and Commissioner DiCecco seconded a motion to adopt Resolution No. PC- 2002 -433 approving Conditional Use Permit No. 2000 -08, with changes to the Conditions of Approval, as noted, and include: • Allowing the 6 -foot length extension from the utility pole as opposed to the 36 -inch length permitted by the Municipal Code. Motion carried with a unanimous 4:0 voice vote. D. Consider Industrial Planned Development Permit No. 2001 -01, a Request to Allow Construction of an Approximately 6,833 Square Foot Contractor's Repair Building and a 2,194 Accessory Office Building on a 67,833 Square Foot (1.56 Acre) Parcel Located at 13840 E. Los Angeles Avenue, on the Application of Sharma Construction, Inc. (Assessor Parcel No. 512 -0- 160 -055, n -7 n -7'�n� Staff Recommendations: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC -2002- recommending to the City Council Industrial Planned Development Permit No. 2001 -01 with Conditions of Approval. Mr. Fiss presented the staff report and commented on the following: • The project has a history of code enforcement violations some of which currently exist. • If recommendation by the Commission is to move forward to the City Council, the Council's S: \Community Development \ADMIN \COMMISSION \MINUTES \2002 Final \021028 pcm.doc Planning Commission, City of Moorpark, California Minutes of October 28, 2002 Paae 7 approval would provide for clean up of the violations by allowing a new development. • The applicant is proposing tubular steel fencing, staff is proposing a defensible block wall along the rear property line, with a setback of five (5) feet for future from the Arroyo Simi. • Mr. Fiss informed the Commission that corrections to the Conditions of Approval (4 pages) had been provided to the Commission at the meeting. The Commission questioned staff regarding: • Potential for problems of truck traffic on Los Angeles Avenue. • Clarification of whether the fuel tanks are considered outside storage. • Requirements for loading zone with proposed project, and whether a loading zone could be accommodated for a future change in use. • Screening fuel storage; size of tank and NPDES requirements. • Condition of Approval No. 80; page 20: reference to code requirement changes "during construction" and versus during "plan check." • Condition of Approval No. 121, page 30: the 100 - year flood plain. • Condition of Approval No. 16, page 7: "granting a one (1) year extension" and non - compliant issues. • Block wall versus wrought iron fencing. Vice Chair Landis opened the public hearing at 7 :45 p.m. Tom Mogan; property owner and principle for Sharma Contractors. Mr. Mogan cited concerns: with staff's recommendation for a block wall along the rear property line, stating that wrought iron fencing would provide more security S: \Community Development \ADMIN \COKMISSION \MINUTES \2002 Final \021026 pcm.doc Planning Commission, City of Moorpark, California Minutes of October 28, 2002 Paae 8 by allowing the rear of the site to be visible. He also expressed concern with staff's recommendation for a five (5) foot setback from the Arroyo. The Commission questioned the speaker regarding: • Wrought iron fence versus a block wall for security. • Removal of the modular building on the property. Vice Chair Landis and Mr. Hogan discussed with Mr. Mogan the possibility of this item being continued to the Planning Commission Special Meeting of November 4, 2002, to allow the applicant additional time to review the conditions. MOTION: Commissioner DiCecco moved and Commissioner Haller seconded a motion to continue the item, public hearing open, to the Planning Commission Special Meeting of November 4, 2002. Motion carried with a unanimous 4:0 voice vote. Vice Chair Landis called a recess. The time was 7 :50 p.m. The meeting reconvened at 8:04 p.m. E. Consider Commercial Planned Development Permit No. 2000 -04 for Construction of a 72,285 Square Foot Commercial Center and Tentative Parcel Map No. 5264 for Subdivision of 6.28 Acres into Four Lots Located at the Southwest Corner of Campus Park Drive and Collins Drive on the Application of M &M Development. (Assessor parcel Nos. 514 -0- 160 -015, and 04) Staff Recommendations: 1) Open the public hearing, accept public testimony and close the public hearing; 2) Consider the proposed Negative Declaration to ensure that it adequately addresses the impacts of the proposed residential project prior to approval; 3) Adopt Resolution No. PC -2002- recommending to the City Council conditional approval of Commercial Planned Development Permit No. 2000 -4 and Tentative Parcel Map No. 5264. S: \Community Development \ADMIN \COMMISSION \MINUTES \2002 Final \021028 pcm.doc Planning Commission, City of Moorpark, California Minutes of October 28, 2002 Paae 9 Disclosure by the Planning Commission took place: • Vice Chair Landis stated that he had met with this applicant and with Mr. Haller for general discussion. • Commissioner DiCecco stated that had met with the applicants on one (1) occasion and with Brian Doherty twice. He further stated that Brian Doherty had been his client two (2) years ago on another residential project, but that he currently had no projects with him. • Commissioner Parvin stated that she met with the applicants one and one -half (1 -1/2) months ago for a general discussion. Also, she encountered the applicant in front of a convenience store about two (2) years ago but she did not know about this project at that time. • Commissioner Haller stated that he meet with applicant, along with Vice Chair Landis approximately one (1) month ago, to get a full understanding of the project. Mr. Porter presented the staff report. He commented that there was additional correspondence received after the packet was distributed to the Commission, and that copies of these letters were provided to Staff and the Commission at the meeting. He also stated that he received a modification to Condition of Approval No. 53 and seven special conditions from the City Engineer and that those items were distributed to the Commission and staff. Mr. Porter presented slides of the project area and provided an overview of the proposal: The Commission questioned staff regarding: • Collins Drive access and exit(s). • Condition No. 11; page 10: Hours of operation. • Project affected by the 100 -year flood plain. S: \Community Development \ADMIN \COMMISSION \MINUTES \2002 Final \021028 pcm.doc Planning Commission, City of Moorpark, California Minutes of October 28, 2002 Paae 10 • Any signage facing residential area to the west side. • Campus Park ingress and egress. • Circulation within the project. • Increase in Transportation Systems Management Program (TSM) fees. • Increase in smog. • Condition to contribute to the Los Angeles Area of Contribution (AOC) fees. Various ingress and egress recommendations and opportunities. Vice Chair Landis opened the public hearing at 8:40 p.m. Vice Chair Landis requested that Mr. Hogan summarize the statement cards. Mr. Hogan stated that there were a total of ninety (90) statement cards submitted; eighteen (18) cards stated opposition to the project for the following reasons: • view blockage • additional traffic • crime /loitering /child predators • noise /air quality • property values • chemical & contaminants to the ground water • hotel • drive - through • destruction of the neighborhood • residential area, no need for more commercial • too close to park • no gas station open twenty -four hours S: \Community Development \ADMIN \COMMISSION \MINUTES \2002 Final \021028 pcm.doc Planning Commission, City of Moorpark, California Minutes of October 28, 2002 Paae 11 • services available within five (5) miles Sixty -eight cards were in favor of this project for the following reasons: • need for proposed services in this area of Moorpark • increase the tax base • well planned • support with no hotel • no additional housing • one stated a Marriott Hotel would be okay • general comments in favor of the project • support with no fast food restaurants Four cards were neutral on the project: • support without motel or with a higher -end hotel • support with gasoline and service center but concerned about the hotel accommodations • concern with lights at night, open on the week- end and property maintenance after 7:00 p.m. • gas station may be utilized, but prefers current open space Vice Chair Landis opened the public hearing @ 8:40 p.m. There were thirty (30) public speaker cards submitted. David Morehead; applicant's representative, introduced the project consultant team and provided background information on the proposal including community involvement in the selection of potential uses. Mr. Morehead discussed potential relationship to the college for service station, fast food and restaurant services. Mr. Morehead discussed potential for a hotel, citing that no hotel currently exists anywhere in the City. S: \Comanunity Development \ADMIN \COMMISS ION \MINUTES \2002 Final \021028 pcm.doc Planning Commission, City of Moorpark, California Minutes of October 28, 2002 Page 12 Mr. Morehead expressed three (3) primary disagreements with recommended conditions related to traffic and ingress and egress to the project. Staff recommendations with which Mr. Morehead expressed concern include: 1) no right turns on to Collins from the site; 2) movement of the main drive to the west; and 3) not being able to exit left onto Campus Park Drive. Mr. Morehead also expressed concern with staff's recommendation for an eight foot (8') wall along the west side of the project due to engineering restrictions of the existing six foot (6') high wall. Brian Doherty, projected gas station owner and operator for the project, provided a brief history of his experience and his involvement with the proposed project and community input. Bill Morehead, marketing manager, thanked the public for their input and, stated that the project would be better due to that input. Richard Pool, Traffic Engineer, stated that Mr. Montgomery, who passed away earlier in the year, had written the original report and that he, Mr. Pool, was continuing with the project. Mr. Pool provided supporting information for in and out access on Collins drive and left turn on to Campus Drive. Commission Haller questioned Mr. Pool concerning left turns to Campus Park Drive from the site. Bob Gehricke, Architect, stated he was available to answer questions. Joseph Toth, Skyview Engineering, stated he was available to answer questions. Linda Toth, Century 21 Hilltop, stated that her office is in the area, and expressed her support in favor of this project including a need for a gas station and hotel. S: \Community Development \ADMIN \COMMISSION \MINUTES \2002 Final \021028 pcm.doc Planning Commission, City of Moorpark, California Minutes of October 28, 2002 Page 13 David Rush, applicant's leasing agent, stated he was available for questions. Commissioner DiCecco questioned Mr. Rush concerning impact of access issues to leasing of units. Mr. Rush responded that ingress and egress are the first things reviewed by prospective tenants Sabrina Simpson, stated that her house backs up to the proposed service station. She added that the services are an important criteria for the value of the homes, and expressed concern due to the lack of services in the area in the event of a disaster Tim Rosevear, stated that moved to Moorpark because of its rural nature. He expressed concerns with impacts to the park, traffic, uses, operating 24 -hours a day, and environmental issues associated with the gas station and cooking odors. Patrick Ellis, stated he rural nature of the area. with the proposed hotel, restaurants, and traffic College). moved to Moorpark for the He expressed major concerns the gas station, proposed (particularly from the Paul Gilmartin, expressed his support for convenience for gas and other services, and that he would rather spend money in Moorpark than in Simi Valley. Robert Brunner, stated that the corner Campus Park has been an eyesore. He sees beauty in the project, which promenade in Thousand Oaks. of Collins and stated that he looks like the Ted Green, expressed concern for the project and increased cost of police protection. He cited traffic accidents and his observations of near accidents in the area and major concerns with traffic. Steve Mazzuca, stated he had dealt with proposed projects at Tierra Rejada Road and Peach Hill Road. He expressed his concern that the community work with the developer for the best project possible. S: \Community Development \ADMIN \COMMISSION \MINUTES \2002 Final \021028 pcm.doc Planning Commission, City of Moorpark, California Minutes of October 28, 2002 Page 14 Julie Szylewicz, stated that her house backs up to the development. She indicated that although she was initially in support of the concept, she stated concern for the impact of uses on the neighborhood, with traffic down Campus to Collins and the blind corner. She cited the Mountain Meadows project as a good example. Michael Greywitt, stated . concerns with the potential traffic and safety issues and alcohol sales at the gas station. Karen Allin, stated that she lives above the college, and expressed concerns with traffic and safety, particularly related to the college and class schedules. She also expressed concerns with people coming into the neighborhood from the freeway. Jeff Gery, stated that although in support of development of the property, he expressed concerns with the applicant's representation of the proposals. Tammy Bell, Expressed opposition to a hotel use on the project because it will draw commuter travelers and with 24 -hours a day operation. James Stueck, stated issues of: 1) concern for increased traffic, he stated that Von's center has not generated much out of town traffic; 2) hotel, there is currently no place for group functions and fundraisers, such as Chamber installations and Boys and Girls Club auction. Sheri Risley Bonnert, cited her concern with a hotel /motel, would prefer not to have a gas station, need for shortened hours, keeping noise level down, and drive - through restaurant. She cited several acceptable uses including sit -down restaurant. Steve Nardi, Expressed concern with proposed project, student traffic and representations by the developer. Claudia Marsh, supported Karen Allin's concerns with traffic. She stated preferred uses for the proposed S: \Community Development \ADMIN \COMMISSION \MINUTES \2002 Final \021028 pcm.doc Planning Commission, City of Moorpark, California Minutes of October 28, 2002 Paae 15 project, and that there was no need for a hotel or gas station. She added that she was not opposed to a development in area but wanted to make it was the right one. James MacDonald, Indicated that he travels to LAX daily and expressed support for a development with a gas station to be used by residents to keep the money in Moorpark. Vice Chair Landis advised Mr. MacDonald to fill out a public speaker card. Anna Szabo, stated support for some type project on the site, but expressed concern with traffic impact, noise pollution, fast food, hotel and trash enclosure locations. Kathleen D. Blakeney, stated that she echoed last speaker's discussion and that the project is too aggressive. She expressed concern with transient activity and stated opposition to the project. Dan Shea, stated concern with impact on Princeton Avenue commercial development. Is need for gas at the college reason for this project? He expressed concern with decisions based on minority of homeowner input and representations by the developer. Vice Chair Landis called a recess at 10:20 p.m. The meeting reconvened at 10:31 p.m. Vice Chair Landis public speaker's concerns: • Hotel • Circulation provided a quick summary of the comments, including the following • Circulation in residential area • Drive through restaurants • Gas Station (selling liquor) and hours of operation S: \Community Development \ADMIN \COMMISSION \MINUTES \2002 Final \021028 pcm.doc Planning Commission, City of Moorpark, California Minutes of October 28, 2002 Paae 16 • Ingress /egress The Commission discussed returning the matter to staff for further review and information regarding: • Traffic issues, including a traffic study • Other issues raised by the public Vice Chair Landis questioned staff's timetable for getting this project to the City Council. Mr. Hogan commented that had the Commission made a decision during this meeting, the project would have gone before the Council in January 2003. He suggested that if the matter is continued, the second meeting in January would be appropriate based on selection of a new Commission and potential holiday conflicts. Discussion ensued concerning creation of an Ad Hoc Committee consisting of Commissioners Landis and DiCecco, re- notification to the property owners due to an extended continuance. Staff also informed the Commission of Streamlining Act issues related to the Parcel Map, and the necessity to continue the matter to November 4, 2002, to consider the applicant's waiver of the streamlining act. MOTION: Commissioner Parvin moved and Commissioner Haller seconded a motion to continue this item to the Special Planning Commission Meeting of November 4, 2002, to resolve the Streamlining Act issues; to assign an Ad Hoc Committee (Vice Chair Landis and Commissioner DiCecco) to meet with staff and the applicant to resolve the resident's concerns and to direct staff to provide notification to the property owners of a continued meeting to January 27, 2003. Motion carried with a unanimous 4:0 voice vote. 9. DISCUSSION ITEMS: Mr. Hogan advised the audience that they could go to the city's website at www.ci.moorpark.ca.us to stay informed on Item 8.E. (CPD 2000 -04; M &M Development) and the residents could also send e -mails to obtain information from Paul S: \Community Development \ADMIN \COMMISSION \MINUTES \2002 Final \021028 pcm.doc Planning Commission, City of Moorpark, California Minutes of October 28, 2002 Page 17 Porter, the Principal Planner for this project, at pporter @ci.moorpark.ca.us. 10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS: Commissioner Parvin reminded everyone that this weekend (November 3rd and 4th) the Moorpark Rotary Club will sponsor the Civil War Re- enactment; entitled the "Blue and Grey." There will be two battles each day. Encampments to open daily at 10:00 a.m. She provided a phone number for those seeking additional information, 805 - 523 -3370. 11. ADJOURNMENT: MOTION: Commissioner Haller moved and Commissioner DiCecco seconded the motion to adjourn the meeting. Motion passed with a unanimous 4:0 voice vote. The meeting was adjourned at 10:48 p.m. ATTEST: Ba *Y yH�� P Co t ev to ment Director S: \Community Development \ADMIN \COMMISSION \MINUTES \2002 Final \021028 pcm.doc