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HomeMy WebLinkAboutAGENDA REPORT 1991 1120 CC REG ITEM 08CMOORPARK 799 Moorpark Avenue Moorpark, California 93021 '.)f.:':>;'(8Q,5):-5;m-68 64 CITY OF MOORPARK COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT c..,·: C cu:-c.:t r' • .:·; ot , l I /2.tJ 199J ACT IO,: ~t( av J?/4/b~ TO: The Honorable City Council Development~ FROM: Patrick J. Richards, Director of Community DATE: November 15, 1991 (CC meeting of 11/20/91) SUBJECT: GENERAL PLAN UPDATE GPA-89-l(A) A&A DEVELOPMENT CORPORATION (MCDONALD'S RESTAURANT PROPOSAL) ================================================================== Background On September 4, 1991 the City Council considered a request from the McDonald's Corporation to separate the property at the northeast corner of Spring Road and New Los Angeles Avenue from the City's current General Plan Update process. The Council's action (see page 6 of September 4, 1991 minutes -attached) was to allow the McDonald's Corporation to separate this General Plan Update process and to allow the filing of a General Plan Amendment, Zone Change, Commercial Planned Development Permit, and a Lot Split. Discussion The purpose of this report to Council is staff's interest to seek clarification regarding several matters related to the processing of this entitlement application and the General Plan Update. The September 4, 1991 Council minutes refer to the "separation" of McDonald's Corporation's request from the City's General Plan Update process. Was it the Council's intention to remove the property from the Update process or simply allow the processing of a General Plan Amendment to terminate under one process and proceed under another (separate processing)? At this time, there is no physical way of removing the A&A Development Corporation's request inasmuch as all the documents are in their final form. This also raises a related question regarding the City's current request for Update applicants to pay for additional costs of the General Plan Update. A&A Development Corporation has been requested to deposit $12,031.81 with the City. It does not appear reasonable for the Mcdonald' s Corporation to pay for a separate General Plan Amendment CRL-ll:15:91-2:50pm c:\WP51\PJR\MCD11-20.A PAUL W. LAWRASO N JR. Mayor BERNARDO M. PEREZ Mayor Pro Tem SCOTT MONTG OM ERY Counci lme mber ROY E. TALLEY JR. Councilmember JOHN E. WOZNIAK Councilmember The Honorable City Council November 15, 1991 Page -2- and rezoning at the time they file for their entitlement application, inasmuch as the Update decisions will more than likely reach a conclusion prior to entitlement hearings regarding McDonald's Restaurant. However, A&A Development Corporation, as the property owner, is the beneficiary of any land use change and should be responsible for the costs to achieve such. If the subject site is not changed to commercial under the Update process; the McDonald's Corporation would need to file for a General Plan Amendment and rezoning request before any decisions could be made on the CPD and parcel map applications. The subject site is 3.86 acres in area. The McDonald's Corporation has an interest in only about one acre of the site. Staff is proceeding under the assumption that the entire site was to be processed for entitlement. This would allow only McDonald's to receive a CPD (also assumed that McDonald's would be the property owner of the one acre site) and the property owner would receive a General Plan Amendment, rezoning and parcel map approval. Staff Recommendation 1. That the City Council require A&A Development Corporation to pay $12,031.81 with the City prior to the established date of November 29, 1991. 2. That the City Council direct staff not to require the McDonald's Corporation to pay for a General Plan Amendment or rezoning application at this time. However, such applications may or may not be needed following Council's decision regarding the subject site as part of the General Plan Update hearings. 3. That the City Council direct staff to include the entire 3.86 acre si_te as part of the entitlement application processing for only the parcel map consideration. Attachment: City Council Minutes of September 4, 1991 CRL -ll:15:91-2 :50pm C:\WP51\PJR\HCD11-20 .A ... Minutes of the City Council Moorpark, California Page 5 September 4, 1991 M. Consider Support of SB828 to Repeal SB2557 Related to Property Tax Administration and Booking Fees. Staff Recommendation: Authorize the Mayor to send a letter of support for SB828. o. Consider Attendance at the League of California Cities Annual Conference. Staff Recommendation: Approve attendance at the League of California Ci ties Annual Conference by Councilrnember Perez and one staff member. The following items were pulled from the Consent Calendar for individual consideration: B. Consider Report Regarding County of Ventura Pre-Submittal Meeting for Dry Canyon Multi-Use Facility (CUP-4714). Staff Recommendation: Receive and file the report. In response to Councilmember clarified that a receive and recommendation was appropriate. Wozniak, Mr. Richards file the report staff MOTION: Councilmember Wozniak moved and Councilmember Talley seconded a motion to receive and file the report. The motion carried by unanimous voice vote. J. Consider Award of Bid for Picnic Shelters and Restrooms at Neighborhood Parks. Staff Recommendation: Award bid to Jevon Construction Company. Mr. Kueny requested that this item be continued to the next regularly scheduled meeting. MOTION: Councilmember Wozniak • moved and Councilmember Montgomery seconded a motion to continue the item to the next regularly scheduled meeting. The motion carried by unanimous voice vote. K. Consider Request from McDonald's to Separate Their General Plan Amendment Request from the City's General Plan Update Process. Staff Recommendation: Refer this item to the Community Development Committee with a report back for the October 2, 1991 meeting. In response to Councilmember Perez, Mr. Richards clarified that the request was to allow this application to separate from the General Plan Update process. In response to Councilmember Talley, Mr. Richards confirmed that if McDonald's were not allowed to separate from the General Plan Update process, McDonald's would Minutes of the City Council Moorpark, California Page 6 September 4, 1991 have to wait until after completion of the of the General Plan Update to file an application for a General Plan Amendment and entitlements. He said concurrent processing would save McDonald's five to six months. Councilmember Montgomery said he supported concurrent processing for McDonald's. Councilmember Talley said the previous Council had indicated to McDonald's that if they would meet certain requirements their application would be allowed to separate from the General Plan Update process. Councilmember Talley said that McDonald's had accomplished the requested traffic study which indicated that traffic would not be negatively impacted by a McDonald's at the proposed site. Further, Councilmember Talley said that approximately a year ago the Council told McDonald's that the General Plan Update was processing at such a rate that separation from the General Plan Update process would not be to McDonald's advantage. He said a savings of six months was significant. Mayor Lawrason said that he concurred with Councilmember Talley. He said he remembered McDonald's being told that if they could prove that the project would not "worsen" the traffic at the corner of Los Angeles Avenue and Spring Road but rather improve it, the Council would consider the project. He said he felt the traffic study completed by McDonald's showed that traffic impacts would not be negative and McDon~ld's should be allowed concurrent processing of their General Plan Amendment with the City's General Plan Update Process. • Councilmember Perez stated his concerns with allowing . .,.... this application to separate from the General Plan Update process when the City-does not know what the conclusion of the General Plan Update will be. He said he was concerned that the City may lose a site for affordable housing in the future. MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion to allow the applicant to separate their General Plan Amendment request from the City's General Plan Update process and to allow the filing of a General Plan Amendment, a zone change, a commercial planned development permit and a lot split. The motion carried by voice vote 4-1, Councilmember Perez dissenting. Minutes of the City Council Moorpark, California Page 7 September 4, 1991 The City Manager recommended consideration of the use of outside consultants for processing of the McDonald's application if needed. MOTION: Councilmember Montgomery moved and Councilmember Talley seconded a motion to authorize staff to investigate the use of a consultant for the processing of the McDonald's application. The motion carried by unanimous voice vote. N. Consider Job Description for Recreation Coordinator Position as Authorized in the FY91/92 Budget. Staff Recommendation: Approve job description. Mr. Hare requested that the job description be approved with the second sentence of Training and Experience amended to read: Minimum requirements are at least fifteen hours of college credits in recreation, college classification as a Senior and two years of full- time experience in organized recreation/community service work. MOTION: Councilmember Montgomery moved and Councilmember Perez seconded a motion to approve the job description for Recreation Coordinator position as amended above. The motion carried by unanimous voice vote. 9. PUBLIC HEARINGS: A. Consider Resolution of Necessity No. 91-to Acquire Certain Street Right-of-Way at 14110 Los Angeles Avenue (Patton). staff Recommendation: Adopt Resolution No. 91-(Continued Item 9.A. from 8/21/91) Mr. Kueny requested that this item be continued to the next regularly scheduled meeting. MOTION: Councilmember Montgomery moved and Councilmember Wozniak seconded the motion to continue this item to the next regularly scheduled meeting of September 18, 1991. The motion carried by unanimous voice vote.