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HomeMy WebLinkAboutMIN 2013 0226 PC REG MINUTES OF THE PLANNING COMMISSION Moorpark, California February 26, 2013 A Regular Meeting of the Planning Commission of the City of Moorpark was held on February 26, 2013, in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Chair Gould called the meeting to order at 7:04 p.m. 2. PLEDGE OF ALLEGIANCE: Commissioner Landis led the Pledge of Allegiance. 3. ROLL CALL: Present: Commissioners Di Cecco, Hamous, Di Cecco, Vice Chair Groff, and Chair Gould. Staff Present: David Bobardt, Community Development Director; Joseph Fiss, Principal Planner, Joseph Vacca, Principal Planner; and Joyce Figueroa, Administrative Assistant. 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: None. 5. PUBLIC COMMENT: None. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS AND REPORTS ON MEETINGS/CONFERENCES ATTENDED BY THE COMMISSION: (Future agenda items are tentative and are subject to rescheduling.) A. Future Agenda Items i. CUP 2003-05 National Ready Mixed (Continued from August 26, 2009 to a date uncertain.) ii. ZOA Reasonable Accommodation Ordinance Minutes of the Planning Commission Moorpark, California Page 2 February 26, 2013 iii. ZOA Farm Worker Housing Ordinance iv. ZOA Sign Ordinance Revision v. Rescinding Toll Mazur DA, GPA, ZC Mr. Bobardt briefly discussed future agenda items. 8. PUBLIC HEARINGS: (next Resolution No. PC-2011-579) A. Consider Residential Planned Development Permit No. 2012-02, a request to construct a 200-Unit Apartment Project on Approximately 10.57 Acres, Located at 150 Casey Road, on the Application of Essex Property Trust, Inc. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; 2) Adopt Resolution No. PC-2013-579 recommending to the City Council conditional approval of Residential Planned Development Permit No. 2012-02. (Staff: Joseph Vacca) Mr. Vacca gave the staff report. A discussion followed among the Commissioners and staff regarding: 1) parking; 2) will the affordable units moderate be, low or very low ; 3) area for stacking of vehicles at gated access; 4) is the facility completely enclosed with fencing; 5) Casey Road primary access; 6) trail network and if there is any way to use the drainage channel as a trail; 7) no south exit; and 8) balconies/conduit for satellite dishes. Chair Gould opened the Public Hearing. Andrew Baker, Essex Property Trust, discussed the project and thanked the Commission for the opportunity to discuss the proposed development and looks forward to building in Moorpark and being part of the community for years to come. A discussion followed among the Commissioners and Mr. Baker regarding: 1) will the property be completely enclosed with fencing; 2) provide pedestrian access to the Civic Center, High Street, and Metro-link; 3) reduction in parking; 4) condition regarding preventing storage in garages; 5) is there an extra fee for a parking or garage stall; and 6) discussion regarding no circulation and trails. Carlos Jerez, Casey Road Resident, spoke in opposition of the project and discussed concern regarding traffic, and the single entrance one entrance to the project. Minutes of the Planning Commission Moorpark, California Page 3 February 26, 2013 Mario Jerez, Casey Road Resident, spoke in opposition of the project and discussed concern regarding turning left onto Casey Road and the increase in traffic. Kim Jerez, Casey Road Resident, spoke in opposition of the project and discussed concern regarding school and bus traffic, week-end festivities, high traffic area congestion, and the single entrance on Casey Road as a huge danger. Colin Velasquez, Moorpark Stakeholder, spoke in opposition of the project and concern about High Street and any emergency access to High Street. Dennis Hardgrave, Development Planning Services, Project Director for Hitch Ranch, discussed the project and believes they are very close to having a detailed Environmental Impact Report (EIR) ready for public review and this project is a good fit with the eastern portion of Hitch Ranch. Mr. Hardgrave requests that staff have the Essex engineering design team work closely with the Hitch Ranch team and City Engineer to make sure that the actual configuration of the Casey Road and Walnut Canyon intersection is adequate. A discussion followed among the Commissioners and Mr. Hargrave regarding: 1) plans to widen Casey Road; 2) working with Essex and Planning to make a wider intersection at Casey Road and Moorpark Road; 3) what the ultimate Casey Road intersection will look like; and 4) ultimate right of way distance. John Hamilton, Ventura County Resident, spoke in opposition of the project and concerns regarding traffic and safety. Ty Vallelunga, Moorpark Resident, spoke in opposition of the project and concerns regarding traffic, safety, and environmental concern regarding reducing water and where it is going to come from. At the request of Chair Gould, Mr. Baker, Essex Property Trust, applicant, stepped forward to the lectern and responded to comments that were raised. Mr. Baker stated that a traffic report was done and Essex Property Trust plans on complying with all the project specific mitigation measures that were laid out in the traffic plan. In response to Chair Gould, Mr. Bobardt stated there was an additional speaker card from Alan Scales, KTGY Group, Architect Representative. Mr. Scales responded to comments discussed regarding the balcony detailing. Minutes of the Planning Commission Moorpark, California Page4 February 26, 2013 A discussion followed among the Commissioners and Mr. Scales regarding: 1) placement of the carports; 2) disabled access stall location; 3) the location of the leasing building close to the intersection; and 4) construction and material for the balconies. Chair Gould closed the Public Hearing. A discussion followed among the Commissioners regarding traffic and parking as the two major issues, including concerns about: 1) trails; 2) entrances to the gate; 3) landscaping; 4) no off-site parking; 5) egress issues on Wicks Road; and 6) would like to see pedestrian connection provided to the south in order to allow access to downtown High Street, Civic Center, Moorpark Library, and the Metro- link. Based on the traffic study and mitigation measures the Commission is in support of the project and thanked staff and Essex for putting together an excellent report. MOTION: Commissioner Di Cecco moved and Commissioner Hamous seconded a motion to approve staff recommendation, with changes as proposed by the Commission, including adoption of Resolution No. PC-2013-579; to include an additional whereas referencing prior project approvals of MND, GPA No. 2004-05, ZC No. 2004-04 and RPD No. 2004-06; and include about a condition of approval for developer to provide a pedestrian access connection to Civic Center and to downtown Moorpark. The motion carried by unanimous voice vote. The City Council has final approval authority for this project. At this point in the meeting the Commission recessed. The time was 8:32 p.m. The Planning Commission meeting reconvened at 8:38 p.m. B. Consider a Resolution Recommending Approval of Tentative Tract Map No. 5906, a Re-Subdivision of Tract No. 5147 for 17 Industrial Lots on 34.70 Acres, Located 1300 Feet West of Gabbert Road, North of the Union Pacific Railroad Right-of-Way, on the Application of John Newton for AB Properties. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; 2) Adopt Resolution No. PC-2013-580, recommending to the City Council conditional approval of Tentative Tract No. 5906. (Staff: Joseph Fiss) Mr. Fiss gave the staff report. Minutes of the Planning Commission Moorpark, California Page 5 February 26, 2013 A discussion followed among the Commissioners and staff regarding: 1) reason why right-of-way exhibit is done as a new map, and why this isn't a Lot Line Adjustment; 2) do any of the items such as new MS4, new regulations and storm water get grandfathered in; 3) Los Angeles Avenue Area of Contribution (AOC); 4) following the sale of the individual lots; and 5) if a new person buys an acre lot, will they need to contribute toward the Los Angeles Avenue Area of Contribution. Chair Gould opened the public hearing. John Newton, Newton and Associates, Applicant Representative, discussed the project and stated that implementation of the Settlement Agreement is all that is trying to be accomplished and is trying to record the final map and cannot give dedicated public access. Mr. Newton stated they will be prevented from recording the map with the condition and unable to sell the seven lots which they need to finance construction of the public access. Mr. Newton also expressed concerns regarding: 1) problem with some of the language and standard conditions in the Development Agreement that will need to be amended; 2) current proposal; 3) conditions being imposed on the Tentative Tract Map when all there supposed to be doing is implementing the settlement agreement; 4) the original map; 5) public access to Edison and the secondary map was allowed to record with private access; 6) trying to record final map, cannot give dedicated public access and going to be using Edison private easement; 7) stamp page 34, Condition No. 7 regarding recording of the final map; 8) stamp page 35, Condition No. 11 regarding Community Facilities District providing funding to improvements of constructing North Hills Parkway and improvements to Gabbert Road; and 9) bonding. Mr. Newton also requested a recommendation that staff continue working with the applicant to solve the conflict between the development agreement and potential conditions before being presented to the City Council. A discussion followed among the Commissioners and Mr. Newton regarding: 1) if the Commission approves the project as is and recommends moving it forward is there concern that the conditions are set in stone without having the ability to work with staff; and top three concerns being Condition No. 7, Condition No. 11, and the Standard Conditions of Approval clause in Exhibit A that adds another 270 conditions. Paul Burns, A-B Properties, applicant, stated he had no additional comments and agreed with the concerns of Mr. Newton. Minutes of the Planning Commission Moorpark, California Page 6 February 26, 2013 At the request of the Commission, Mr. Bobardt responded to concerns that were raised by Mr. Newton regarding 1) additional conditions that were in the development agreement that were related specifically to the recording of the final map, Condition 7; 2) issue with financing and that once a final map is recorded the developer can sell off the lot, and having a funding mechanism in place before the lots are sold off or we may not get the votes to establish the funding mechanism; and 3) staff will look at the standard conditions to see if they still apply. Mr. Bobardt stated that staff is more than happy to discuss Mr. Newton's concerns with him and see if they can get resolution or if we need to look at an amendment to the Development Agreement. A discussion followed among the Commissioners and Mr. Bobardt regarding if the Development Agreement has to amended, will the item come back to the Planning Commission. Chair Gould closed the Public Hearing. A discussion followed among the Commissioners who recommended that staff work with Mr. Newton and move this item forward to the City Council. MOTION: Commissioner Landis moved and Commissioner Di Cecco seconded a motion to approve staff recommendation, with changes as proposed by the Commission, including adoption of Resolution No. PC-2013-580. The motion carried by unanimous voice vote. The City Council has final approval authority for this project. C. Consider a Resolution Recommending Approval of Commercial Planned Development Permit No. 2012-02 and Conditional Use Permit No. 2012- 07 for a 21,644 Square-Foot Church on a 2.78 Acre Lot at 13960 Peach Hill Road, on the Application of Hollee L. King, AICP/SitesPacific, Inc. for the Kim Clement Center. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; 2) Adopt Resolution No. PC-2013-581 recommending to the City Council conditional approval of Commercial Planned Development Permit No. 2012-02 and Conditional Use Permit No. 2012-07. (Staff: Joseph Fiss) Commissioner Di Cecco disclosed that he did consulting work with the applicant over a year ago and his actions tonight will have no impact on his interest financially or otherwise and is confident that he can make unbiased decisions for the best interest for the City of Moorpark. Mr. Fiss gave the staff report. Minutes of the Planning Commission Moorpark, California Page 7 February 26, 2013 A discussion followed among the Commissioners and staff regarding: 1) did we receive civil plans for this project; 2) seating; 3) parking requirements; 4) any requirements from the City that the applicant enter into any parking agreements with adjacent facilities; and is a public art piece required for a church. Chair Gould opened the public hearing. Hollee King, Kim Clement Center, applicant, discussed the project and stated they are looking for a permanent home and excited to come to Moorpark. Ms. King thanked Planning staff and is happy with the staff report and conditions and is committed to get the facility started. Mark Kiesel, Landscape Architect, Kiesel Design, stated he was available to answer any questions. David VanHoy, Architect, discussed the project and stated he was happy to be here and was available to answer any questions. A discussion followed among the Commission and Mr. VanHoy regarding: 1) aesthetics; 2) how is rain water dealt with; 3) what is proposed under the side of the over hangs; and 4) pedestrian connection between the project and the church to the north. The Commission also suggested: 1) motorcycle and bike parking closer to the front entrance; 2) more articulation on the building by the back access and fire department turn around; and 3) reaching out to the school and adjacent churches for additional parking. John Fisher, Architect, JSRA Inc., discussed the project and addressed the Commission's concern regarding parking. Chair Gould closed the Public Hearing. A discussion followed among the Commissioners who all concur that this is a nice addition to the community and is a very nicely designed project. MOTION: Commissioner Landis moved and Vice Chair Groff seconded a motion to approve staff recommendation, including adoption of Resolution No. PC-2013-581. The motion carried by unanimous voice vote. The City Council has final approval authority for this project. Minutes of the Planning Commission Moorpark, California Page 8 February 26, 2013 D. Consider Resolution Recommending to the City Council Approval of Zoning Ordinance Amendment No. 2013-01: an Amendment to Section 17.28.020(B) (Home Occupations and Garage Sales) of Title 17 (Zoning) of the Moorpark Municipal Code. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; 2) Adopt Resolution No. PC-2013-582 recommending to the City Council approval of Zoning Ordinance Amendment No. 2013-01. (Staff: Joseph Fiss) Mr. Fiss gave the staff report. A discussion followed among the Commission and staff regarding: 1) if the five-year term is revoked what mechanism is there to ensure that the Home Occupation Permit continues in the use that it was originally granted for and how would we monitor that. The Commission also thanked staff and stated this is a good idea in trying to reduce the fees and costs to the businesses in Moorpark. Chair Gould opened the Public Hearing. In response to Chair Gould, Mr. Bobardt stated there were no speaker cards or written cards for this item. Chair Gould closed the Public Hearing. MOTION: Commissioner Hamous moved and Commissioner Di Cecco seconded a motion to approve staff recommendation, including adoption of Resolution No. PC- 2013-582. The motion carried by unanimous voice vote. The City Council has final approval authority for this project. 9. DISCUSSION ITEMS: None. 10. CONSENT CALENDAR: MOTION: Commissioner Di Cecco moved and Commissioner Hamous seconded a motion to approve the Consent Calendar. The motion carried by unanimous voice vote. A. Consider Approval of the Regular Meeting Minutes of January 22, 2013. Staff Recommendation: Approve the minutes. Minutes of the Planning Commission Moorpark, California Page 9 February 26, 2013 11. ADJOURNMENT: MOTION: Commissioner Landis moved and Vice Chair Groff seconded a motion to adjourn. The motion carried by unanimous voice vote. The time was 9:49 p.m. Diana S. Goul , Chai David A. Bobardt, Communi Development Director