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HomeMy WebLinkAboutAGENDA REPORT 1990 0117 CC REG ITEM 09BPAUL W. LAWRASON, Jr. Mayor SCOTT MONTGOMERY Mayor Pro Tern ELOISE BROWN Councilmember CLINT HARPER, Ph.D. Councilmember BERNARDO M.PEREZ Councilmember LILLIAN KELLERMAN City Clerk MOORPARK MEMORANDUM 6TEM(; - 15• STEVEN KUENY City Manager CHERYL J.KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police RICHARD T. HARE City Treasurer TO: The Honorable City Counc:i FROM: Patrick J. Richards, Diry for of Community Development DATE: January 2, 1990 (CC Meet.iig of 1- 17 -90) SUBJECT: GENERAL PLAN AMENDMENT REQUEST Mo. GPA -88 -1A AND ZONE CHANGE REQUEST NO. Z -88 -2A (AP►'I ' CANE : 1owu LATUNSKI) Background September 7, 1988 - The City coy, ii voted to initiate a General Plan amendment and rezoning for the l,< t isk' )r'�per-ty (refer to Attachment 1 - minutes). February 1, 1989 - The City C'oii deposit with the City the funds out -of- pocket expenses to the City City Engineer traffic /circulation signs prior to continuing the f Attachment 2 - minutes). :ii. voted to require Mr. Latunski to let.crmined necessary to cover direct, )r processing his application including ua lys is and public notice mailings and (- ;ir,, {of' the application (refer to April 5, 1989 - The City Cournc i I votPd ) close the Latunski f ilo and directed that the applicant be adei -,d hrnt hf, had one year in which to pay fees in order to reactivate tl,(, 'r) .r' l -trr amendment arul zone change application. (Attachment 3 - mirut i September 15, 1989 - Mr. Latiu si in order to reartivnto his application. November_ 13, 1989 - Focused Trafl i irai 1'1r- �tlat'ion Analysis completed. November. 29, 1989 - Negative Declw i )' ^-] f'taff Report completed. 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 The Honorable City Council January 2, 1990 Page 2 December 18, 1989 - A hearing wa: held bef =ore the Planning Commission for the Latunski General Plan amendn rit. acid zone change proposal. At this meeting, the Planning Commission dopt(,d i resolution recommending denial of the General Plan amendment an ; >one iiiange requested by Mr. Latunski ( refer to Attachment. 4) . The Come s,, c;;;' . ecommendat: i.on was based on the following findings: 1) That tho roposal i7 not consistent with the Land Use Element of the General Plan; � d 2) 'fhrit access and public services are inadequate to accommodate the pr posed z�r�n ing. The Commission directed staff to provide for the City (, , Hooting the transcript from the Council's September 7, 1988, m4 (�t ing the Latunski proposal was discussed; and that. the City Attortev b' equested to render an opinion on the 1987 Supreme Court Opinion No. 85--l-P)9 (related to a taking of property without just compensation) and it� app➢ crid_,i]fty to the 1982 downzoning of the Latunski property by the (,oui:.y :)f Vjitura. Staff has attached the minutes from the City Counci l' � S(, torw)JI , 1988, meeting (Attachment 1) . Discussion As identified above, the Plann Attorney render an opinion relat that he had been denied all renso rezoned his land from RE -1 Acre tc letter. dated December 28, 1987, ii Mrs Latunski ghat. responds to ind of their property (refer to Atta(i g ;ommi ssi -on requested that the City 1 t�) tli allegations Mr. Latunski made ib h, %is- of his property when the County RE - i 1lc r e. it, 1982. Staff has attached a , tiie A, s i_stant Citv Attorney to Mr. and o f i�tf^s • llo i t claim regarding a "taking" lip i , Prior to adopting a resolution rer rnmWiding denial, the Planning Commission also discussed the possibility of -Ivi +ig tnne Latunski proposal included for consideration as part of the cnrr it ',erreral Plan Update. It appeared to be the consensus of the Commi! ic;n 1h �t no change in the land use designation and zoning for Mr. k: irlsi; i 's, property should occur until the surrounding properties to the east irirl ;­li,li are also analyzed collectively regarding the appropriateness <f al_:owing one -acre minimum lots. The inclusion of Mr. Latunski's proper anal t',e property t.o the south and east of Mr. Latunski's lot in the cuii it ;F ,,r a' Plan Update would require an amendment to the contract with PFIR The attached Planning Commissic�r staff's reasons fox recommend inf amendment and zone change. '1'� land use designation amendment adopted Land Use Element goal t requested, is considered inapp -o,, in an orderly, phased manner, would be required, access i, harmonious ro lat. ionship betwee considers the proposal to be pr�o, st,ifi - (,,port (Attachment 6) outlines d�i i,i 1 of the requested General Plan mnla r i .:e staff considers the requested hang(, to he inconsistent with d : a e:. Spot ;zoning, such as that a' F uise development does not occur eras Tnt.er and sewer line extensions ice ri its and theme would not be a �i rf�, uses Staff, therefore, r The Honorable City CounciL January 2, 1990 Page 3 Mr. Latunski claims that the C:, property from RE -1 Acre to RE -5 Ac Project Site History section _,f report, the County downzoned hund, bring zoning in Moorpark into r:ont which was adopted in 1979. For ex the south and east of Mr. Latunslc to RE -5 Acre in 1.982 by the Coia,nt� makes for the Latunski property properties rezoned by the County Recommendation it o' jOTIturn unjustly downzoned his However, as discussed in the 1« rt t iclied Planning Commission staff is 0- roperties in the early 1980's to ri71fr1ic.f, ii:i the Moorpark Community Plan ',p1r. lk: ry FJeb`s 51.5 -acre property to .,,!s also downzoned from RE -1 Acre > v "rnti,ra. Whatever decision the City !v �'rer..edent setting for many other t= l t incorporation. That the City Council direct stof Lo drat a resolution to be considered at the next regular City Council r—et ing of February 7, 1990, denying the requested General Plan amendment id liange based on the following findings: 1. The proposed land use designs for :3mondment and zone change are not consistent: with the Land Us(, 1 eme-it � I -lie General Plan. 2. Access and public services �Er zoning. PJR /DST Attachments: iii, �i -111 It e to accommodate the proposed I. Excerpts from City Council "9inntes dated 9 -7 -88 2. Excerpts from City Council Mimttos dated 2 -1 -89 3. Excerpts from City Council Iinrrtrs dated 4 -5 -89 4. Planning Commission Resold, ion Nf� PC -89 -207 and 12 -18 -89 Minutes 5. Letter from Assistant Cit} \ttnriio4 dated 12 -28 -87 6. Planning Commission Staff opo,tt d;3ted 11 -28 -89 (includes Negative Declaration and Focused 'l*r `f i,'t ATTACHMENT 1 M I NUTF.;- P .l. FiF C TY COUNCIL Moorpark, California September_ 7, 1988 The Regular Meeting of the ity ;ouricil of the City of Moorpark, California was held on Septon er 7, 1988 in the Council Chambers of City Hall of said City, lcr ei <<t 799 Moorpark Avenue, Moorpark, California 1. CALL '1"0 ORDER The Meeting was called t., rder it 7:;6 p.m. by Mayor John Lane. 2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance t.;s led b,, Councilmember. Perez. 3. ROLL CALL Present: Councilmembers 1 oise Brown, John Galloway, Clint Harper, Bernar(l( Per,�z and Mayor John Lane. Steven Kueny, ty Manager; Lisa Kranitz, Acting City j Attorney; Pat; .k. Richards, Director of Community Development; lip Newhouse, Director of Community Services; Maure,u Wall, City Clerk; Mike Rubin, Senior Planner; Dennis IeI;,ei1:1 City Engineer; Lt. Mike Brown, Sheriff's Del)�a tme�it , and Sally Coons, Executive Secretary. 4. PROCLAMATIONS, COMMENDA'TI(''S, .AND SPECIAL PRESENTATIONS 4.A. Proclamation of Sept mber 1'�z 1988 as D. A. R. E. Day in the City of_Moorpark. Mayor John Lane tad ar.,i presented the proclamation establishing Septemb , 1 , 11188 as D.A.R.E. Day to D.A.R.E. instructor, Senior �!piity David Lea. Deputy Lea thanked those who were in <tii entil it supporting the program. 4-B. Proclamation of Se, tember_ 1-30 1988 _as "Latino Voter Registration and Edra( tion 88 Month" in the City of Moorpark Mayor Lane read and .)resented the proclamation establishing the month of Septemt)� , '988 is Latino Voter Registration and Education Month to '�rvarro "f E1 Concilio del Condado de k'entur,,i. 4. B.1 Proclamation of �eptembcr_161_ 1988 -as _National POW /MIA Recognition Day. Minutes of the City Council Moorpark, California Barricade" to the Agend subsequent to the posIiri unanimous. MOTION: CouncIImembe seconded a motion to improvements - placemo "Interpretation of August regarding pilasters in 'Ti take action arose subseyi voice vote was unanimoia 6. PUBLIC COMMENTS 6.A. Edward R. Peters addressed the Counci Hillside Ordinance. t.en acres was approvf was unable to build proposed hillside ()r( in ha I f . He urger�il hillside ordinancF I age i September 7, 1`1188 �t� th=e need to take action arose rf tIt- Agenda. The voice vote was 3rler noved and Councilmember. Lane &I ti'm 11.V. "Tract 4147 public �t si.dewalks "; and item 11.W. 9-�8 minutes of the City Council .t ((,,49' to the Agenda as the need to It t r ! ie posting !Df the Agenda. The 155 Walnut Canyon Road, Moorpark) with hi concern regarding the proposed r. Pete)s advised that his lot split of by the County prior_ to 1983, and if he e t:()p cat t:he hill, as restricted by the nan +.e, is� property value would decline (':)tiinc;i to not implement the proposed 6.B. Neal R. Garrett. 9Oet W lliams Ranch Road, Moorpark) addressed the Count i in s,iJ} ort: of the closure of Williams Ranch Road. 6.C. Joe Latunski (289 C,3 y I,oad, Moorpark) addressed the Council concerning the down r.oning cf his property, advising that when lie purchasi�d 'iii, pro.7e.rty in 1959, it was zoned agriculture and subs,quently re -zoned to residential estates (one acre). The a'op(,rty was again down -zoned to five acres. Since hi.- al lama is only 4.12 acres, he is now non- conforming and nnor ;ell or develop his property. He requested the Coui(. restore the zoning hack to one acre. 6.D. :Joseph Vailino (1.16i H i. l :Is id,! Drive, Moorpark) addressed the Council in support ( �l e ( c, u-e of Williams Ranch Road. 6.E. Tom Thompson (12( -;' Council: in suppor-. presented a lettF- the closure. 6.F. Phil Vein (6685 Ir'i R Development, edd re- distribution c,f available as a settlement; and (:ol[' Staff Report on thi FI sick Drive, Moorpark) addressed the tit( 1O;ure of Williams Ranch Road, and is T (e(' , "18 residents, also supporting �,to,i Avenue, Moorpark) representing A & QS! ;(I1 t' hc. Council in support of a Ie 198' residential permit allotments u 0 the Urban West Communities r_sect w _ -h recommendation No. 3 in the 6.G. Carol MacTarnaghan I:795G 'N:'illiams Ranch Road, Moorpark) addressed the Col n� I of the closure of Williams Ranch 1:cad. Minutes of the City Council Moorpark, California Inge 5 September 7, 1988 11.A. Consider a report -concerning_ a _request by _A & R Development for re- distribution of 198" residentia�ermit allotments. Staff recommended that they be 1 lected an deemed appropriate. In response to couce ropren red jy Councilmember Brown, the City Manager advisoc thet n minimal amount of Staff time would be required t pro" s; the two requests during the normal, annual al'lam t 1 ri vi ,s. Director of Community Developrrrent Richards concurred with the City Manager-, advisiu, tha° -e estimated a total Staff time of between five and gr t hot-!, to process the two allotment Y equests In response to lounc lmember Harper's question, Acting City Attorney Lisa Kranit advised that the allotments would most likely "vanish" if nev arc not reallocated at this time since no provisions a made ;n Measure F or the implementing resolution to carry -m n',o he next allotment period. Councilmember Harper xpr "ssen This desire that the allotments "vanish" since that w uld partially mitigate the large number of exemptions to ric a; Y mart: process as a result of the Urban West Settl.emerr MOTION.: Councilmember arpor moved and Councilmember Perez seconded a motion tc, ahlcr ' -41s item and continue with negotiations currently in , ig 10ce between the City and BIA. MOTION AMENDMENT: ;out.cilmember Galloway moved and Councilmember Brown secopo -A as amendment to direct that this item be considered again at t rent Yogular meeting. The voice vote was unanimous. VOTE ON MAIN MOTION: The )i :( voit was unanimous. 11. H. Consider processing_ a _General Plan amendment to return previous _land use designations on two properties (Latunski and Clement). Staff rpcomiended they be directed as deemed appropriate. Councilmember Gallow v advised that both properties were down - zoned, making •} ,<.unsci property non- conforming, and suggested that bot:l. )ropert..i'_s be pulled from the General PInn Update and retur Q r" thoir original zoning. Councilmember Harper commented that a re- zoning of the properties must bo n 7omplished by a General Plan Amendment which requires a pull rearing, environmental study, etc. Director of Communit Development Richards advised that the fee deposits - for tir, in AA a & study and processing for the Latunski property i N, 11,025; and for the Clement Property, $1,050. Minutes of the City Council Moorpark, California ',;o i September 7, 1988 MOTION: Councilmember 3, 1r+way moved and Councilmember Brown seconded a motion to direr t.rqt the City initiate a General Plan Amendment to reinstate pre iou; toting on both properties. The motion carried with Counc 1 m` pr A rrpor dissenting. Councilmember Harpe WK W! t -hat his dissenting vote reflected his concer i n t t ..; not wise to set a precedent of Council - initiators C V-01 'F in Amendments. H.G. Consider a request ly Fom-Schleve regarding his proposed 71 acre -- de - velopment North o` ic.ks Road and East of Walnut Cation. Staff rcommended they lt=- e in deemed appropriate. Mayor Lane recognizec T ti Scitleve who advised the Council that his proposed pr" c, was zoo late to be included in the General Plan Update It eh;. Council discussion Ei iud,vd ' !iv possibility of adding this proposed development de e 21t" project in the General Plan Update. Acting At Attornoy Lisa Krani-tz advised that nothing would prw. hi; Lie C n.rnci l from adding it to the process since the !; r;1 'W update essentially evaluates the entire City. MOTION: Councilmember r }jer r"ved and Councilmember Brown seconded a motion to din, Ktaf f no include this project in the Request: for Proposals f- ..1e General Plan Update, with the understanding that the I r pwitnit will pay all applicable costs associated with the appl!, ;on T voice vote was unanimous. City Manager Kueny r fied that the Latunski and Clement properties will be ocv d ram the RFP, and the Schleve project will be adder Consider report _ c_or, erninl; the installation of stop signs at 15 locations within Soul h Villag _(Tract Nos. 4140, 4141, and 4142. Staff recommended 11 v bn directed as deemed appropriate. In response to the n,.i1 s question, City Engineer Dennis Delzeit advised that Wq Agri:; are installed upon project acceptance, and thn Q: Ohitipn is subsequently adopted in order to enforce them (u roK ly there are some stop signs in these tracts wh i c no n-t boon approved by the Council. Lt . Brown advised t h, 1,e r on .urs with the locations of all the stop signs out. i A 0 4;xhibit "A" of Resolution No. 88 -501, however he P i <,ed t.irat limit lines are missing in several of the inter-=; i is n'd these need to be completed. MOT_ION_; Councilmember „r 1wr moped and Councilmember Galloway seconded a motion to ad,j Rpsoli Won No. 88 -501 approving the location of additional stc; sign, Pt various locations within the South Village (Tracts 41: 1.l nd 4142). The voice vote was unanimous. MINUTES OF * I T f -O'. NCI L February 1, 1989 Moorpark, California A Regular Meeting of the City n the E of the C + o ,,ambers ofo City k California was held on February 1, 1989 in the unci City, located at 799 Moorpark Avenue. 'Mo0rp1r� California. 1. CALL TO ORDER The Meeting was called to ordi Eloise Brown. 2. PLEDGE OF_ALLEGIANCE t t,ho hour of 7:15 p.m. by Mayor The Pledge of Allegiance wa , t)y (,OU-,ci lmember Perez. 3. ROLL CALL Present: Councilmembers Clint °larger, Paul Lawrason, Scott Montgomery, Bernard( leroz a "d Mayor Eloise Brown. -- Steven Kueny, City° 'Manager; Cheryl Kane, City Attorney; f Community Patrick Richards, n r•ect.or s; Rc Richard Hare, Newhouse, Director f wommunity Services; Deputy City Manage Sus:n Cauldwell, Administrative Assistant; John k ipe, Assistant City Engineer; Richard Rodriguez, Sheriff's Department; Don Reynolds, Associate Planner; rd `al Goons, Secretary. 4. PROCLAMATIONS COMMENDATIONS, �ND SPECIAL PRESENTATIONS No proclamations, commendat., o^ `:p( "cial presentations were made. 5. REORDERING OF1_ AND ADDITIONS tJ, THE t,GENDA By consensus, the Council (4 - rmined to hear item 11.F. (Request of Moorpark Historical Society ) use p! Minutes of the City Council Moorpark, California February 1, 1989 its original zon•nq and felt, that the Council's previous action established t.! t the GPA would be processed by, and at the expense of, t:hr C ty Ile requested that the Council consider allowing ht t p(, k during the discussion of the Agenda Item. 6.B. John Lane (12591 ,-:ry .a! Ranch Road, Moorpark) addressed the Council on two mat',,e� 1) `hat the Council expedite the GPA on the Latunski props ty, and 2) that the Council move forward with the widening rf } ra Rerada Road. 6.C. Jim Hartley (5950 Saab. -rp Road, Moorpark) addressed the Council in opposition to t. h, proposed location of the Renaissance Faire; in favor of th CaJet Program; and opposed to returning the original zoning ;Ie lat,nski property. 6.0. Charles Schwabauer ( '68 Btoadway, Moorpark) addressed the Council in support. 1 <7te )r the Community Center property for the Moorpark H a1 'Iu ejm (Agenda Item 11.F.). 6.E. Elaine Freeman I, 005 V, rtura Boulevard, Calabasas) representing Griff n t mes, addressed the Council on two Agenda items: 1) That the ?'ege a d LDS Church will be considering action at their po(t:,v( meetings in February, 1989 concerning Agenda [t+rr 8 ,. - Consider extending the limit for completion of improvi n. on Collins Drive Widening South of TR -3963; and 2) TI -a h w,rs available to answer questions concerning Agenda Itr �I Ccnsider Agreement to Construct Improvements and Axr v ca the Final Map for TR- 3963 -4 (Griffin Homes) 6.F. Kevin Patterson /Joarr As�nan (Living History Centre, 10943 Remmet, Chatsworth) r +?Presenting the Renaissance Faire addressed the Counci' oncerning the proposed location of the Faire, and apologize) or not addressing the Council prior to releasing the propose s to t: the news media. Mr. Patterson advised that the Fairs '7roaoonents have engaged Barton Ashman of Pasadena to completo a traffic study which will be made available to the , ,nciI when it is completed. Faire representatives adve!, that t'iey will be hiring 80 people to work in parking lots. :rd 60 ;)eople for security. Alcoholic beverages wi i 1 not h, o ( wi . �>> n two hours of the closing of the Faire. Mr. I ; 't "M d 10 sed that they will address measures to contra' r.l when they make their formal presentation to th._ u,c' he further advised that they expect 4,000 to 7,0' €1�� r �, ,er day. 7. COMMITTEE REPORTS Councilmember Perez advis (Councilmembers l chat the Transportation Committee Brown an(, orez) bill be meeting concerning the overturned truck on Highwa 113 ors January 27, 1989 to determine what measures can be tak,>n mc,ciatc y, such as flashinq lights. Minutes of the City Council Moorpark, California �ag,? 10 February 1, 1989 11.G. Consider a repor and _recommendation from the Planninq Commission regarding -he-amount _ of residential lot size vs, dwellin unit size. aff recommended that the Council receive and file the P`la n n i Commi, ;sion's recommendation that no further action be tak, l v ti)e Council. Director of Community Planning Commission do time to create speci f ratio of lot size Commission's opinion Residential Planned DE strict standard. ? further discussion Council. ?velopment Pat Richards advised that the s not feel that there is a need at this ,tandar-ds or limitations regarding the -id dwelling unit size. It is the a?, with the City's current use of the �lopment process there is no need for a Commission voted to recommend that abject be discontinued by the The Council was genera y n d1sagreement with the Commission's action and determine,( t7 it il e it back on the Agenda for Council consideration MOTION: Councilmember Mortgomery moved and Councilmember Harper seconded a motion to rece /e and file the Planning Commission's recommendation on this mat =r; to direct Staff to agendize as a Discussion /Action item, anc subsequently as a Public Hearing item, with appropriate aIterna ive mechanisms for the Council's consideration to implement ; icing !)ulk restrictions; and to direct the City Attorney to revi,,e pc,tent. ill problems regarding whether a mechanism of this sort rc: ; ;`- i n conflict with the General Plan design. The voice vote wa nanimr;r,� 11.H. Consider a report - egadinq the cost involved in processing City initiated Gener< Plan _Amendments GPA 88 -1 A & B Latunski /Clement St <i recommended the Council direct Staff as deemed appropriate Director of Community Jeve�lopment Pat Richards reviewed the estimated costs to pr es< the Latunski and Clement General Plan Amendments and Zor Change Applications. Councilmembers Harper d I'ere concurred that their original intent when approvin t ^e J ty initiated General Plan Amendments was to w v,n it tial fees, but not direct out -of- pocket costs t hF *;y fer traffic reports and public noticing. MOTION: Councilmember Har[,r inovec and Councilmember Montgomery seconded a motion to defer action on this item until after the Closed Session The voice a +e wa<; wianimous. Consider the Planning_ Commission's requet for further direction from the City ouncil regarding Art in Public Places_ Staff recommended the r' rnn'nq 'ommission be advised as deemed appropriate. Minutes of the City Counc; Moorpark, California Pace i;' February 1, 1989 management study, and to c, rect Staff to proceed with the selection process. The motion ,- -ried i : Minutes of the City Council Moorpark, California :?age 13 general review, mailings processing; that Mr. Latun� conformity with City requi requested by City concern required to continue the following voice vote: Ay Perez. Noes: Councilmemb(> February 1, 1989 a n c, signs, prior to continuing the i ma,y cl;oose to install signs himself in ements; and that information previously Fg 'egai access to the property not be rocessirg. The motion carried by the S : CotnciImembers Harper, Montgomery, i3,-own and Lawra so n . Councilmember Lawrasor stated that his "no" vote reflects his feeling that the pr action was intended to waive fees. MOTION: Councilmember Montgomery moved and Councilmember Harper seconded a motion to requii� the same method of deposit and signage option for the Clement pr ,nosed GE'A. The motion carried by the following voice vote: Ay, CCounciImembers Harper, Montgomery, Perez. Noes: Councilmembe Brown ind Lawrason. ADDITION TO AGENDA At this point, Cheryl Kane, City Attorney, requested Council add an item concernin lease of Arroyo Vista Park since the need arose subsequent. 7 postirwg of the Agenda and the tenant, Fedele, had been g i ve ri ).. i, e t.o vacate the property and has not done so. MOTION: Councilmember I_�:,Yrasor ,3oved and Councilmember Harper seconded a motion to add it a ; "Arroyo Vista Park Lease) to the agenda. The voice vote wa<, nanir -OL City Attorney Kane adv sed that notice was given to the tenant to vacate the propert, by January 31, 1989, but he has not complied. She recomme,ded Council seek legal means to compel such action, however, he City first offer to extend the right to remain on the prop -rtv thr -ugh no later than February 28, 1989 to avoid litigat- MOTION: Councilmember Harpe, moved ,ind Councilmember Perez seconded a motion to authorize the M:_.r,or to -,nter into an agreement with the tenant pursuant to the re( limendat, ; oin of the City Attorney. The voice vote was unanimous. 15. ADJDIIRNWNT MOTION: Councilmember Harper mov( -] and Councilmember Montgomery seconded a motion to adjour '.he m plJng at the hour of 1:32 a.m. The voice vote was unanimou, ATTEST: Richard Hare, loise Brown, Mayor Minutes of the City Council ATTACHMENT 3 Moorpark, California P3go April 5, 1989 City Manager Kueny reqk m ed the Council consider adding the following items as mitt °s v ,ryency having arisen since the posting of the Agenda: City concerning the City' Avenue Widening Project, serve the Villa Campes i na Item S.P. of March In, Concrete Overlay Program Street, from the program D l i Gel Arroyo lawsuit against the Mobiiehome Rent Ordinance; 2) Los Angeles e(if Qa'ly installation of a waterline to Dro ec:t, and 3) Reconsideration of Agenda 09 (Se "ect:ion or Streets for Asphaltic :grF /19), particularly to delete First MOTIOti: Councilmember Hat er roved and Councilmember Perez seconded a motion to add the tol )wing items to the Agenda as matters of urgency having arisen sin, Y the posting of the Agenda: 1) Agenda Item K.L. -- Villa Del Ar oyo vs City of Moorpark; 2) 11.0. - Los Angeles Avenue Widening P,njert, and 3) 11.P. - Reconsideration of Selection of Strec�s for AsFhal ic. Concrete Overlay Program for 1988/89. The voice rr, wa, unanimous, with Councilmember Montgomery absent. 6. PUBLIC COMMENTS 6.A. Greg Barker (12453 1 1side Drive, Moorpark) President of Mountain Meadows Nei;hborh000 Council, urged the Council to proceed as quickly , possihle with the widening of Tierra Rejada Road, and reo ned thit a project schedule be provided. The Council respordp( that they are proceeding on this project and when a tentatia 'Im t,;>le is established, it will be released. 6.B. Joe Latunski (289 Cas�v Road, Moorpark) reviewed the background on his request for + Gener.,l Plan Amendment to return his property to its ong ,,al zon ng. He requested the Council to stand by its earlier W isior to fund and expedite the General Plan Amendment and 1n - 71'angp Application. Councilmember Harper responded by stating that the City presented a compromis to Mr. Latunski where the City agreed to waive all fees if Mr !at msk would pay the direct costs. To elate, Mr. Latunski K I"! 1•P- i willing tc do this. 6.C. Mark Fitzpatrick (13k,? T-roma ville Court, Moorpark) President of the Fox Shadow lomrownor's Association, addressed the Council regarding A rn i I ^ern li.C. (Tierra Rejada Road Crosswalks) requesnii 06L t..,iffic control and a crosswalk be installed at Pheascr Run He advised that because the swimming pool, parr a playgr)und (owned by the homeowners) is located across Tier- Rejada Road at Pheasant Run, children will cross at that to t cn de requested the Council consider We safety needs o! ' n Zlil -TOM. _CONSENSUS_ BY conscr t I ie Council, Mr. Fitzpatrick will be invited to addrp, Ao w is i 1 concerning this matter when it considers Aqend 1 11 Minutes of the City Council Moorpark, California ?ace 1) April 5, 1989 MOTION: Councilmember wra,on moved and Councilmember Perez seconded a motion to waive irther -eading and declare Ordinance No. 108 read in title only The a)ice vote was unanimous, with Counciimembers Harper ani m tiiemar, absent. MOTION: Councilmember �; e., moved and Councilmember Lawrason seconded a motion to de .l a ;)r•d i nanc:e No. 108 introduced and read for the first time. hr' ao .e vote was unanimous, with Counci imembers Harper and M - t{icmer,, absent.. NOTE: Councilmember °i o or -e' irned to the dais. 11.B. Consideration of processing the Latunski and Clement General Plan Amendment and Zone Change Applications. Staff recommended they be di ct.ed a, deemed appropriate. Director of Community Development Pat Richards advised that pursuant to the Coun 1'� ac J on on February 1, 1989, Mr. Latunski and Mrs. C'E,nent were advised that the City would continue to waive the rocess� 7g fee related to staff work on processing of a Gene, 1 Flan amendment and zone change for their properties, Fow� or. they would be responsible for those direct costs associate w th th,: preparation of a Traffic Study and public hearing no c rg (_osts. They were advised of the costs which they would )e ^equ,red to pay prior to any further work being done on tF. r ippl cations. To date, no response has beer, received f, i. itunski; and a note from Mrs. Clement indicated J , w,i rill ii - 1 i rig to pay the identified costs. MOTION: Councilmember Harp, moved and Councilmember Perez seconded a motion directing that no urther work be done on the Latunski or Clement applications; tha" the f�les be closed; and that the applicants be advised that they have one year from this date in which to pay fees and the i applications will be reintroduced with the same options as or,igi� lly agreed upon. The voice vote was unanimous, with Councilmemb, Montgcr,iery absent. U.C. Evaluation of potntial traffic control for Tierra Rejada Road at Pheasant Run Street. and Harvester Street. Staff recommended no chancre w mad( Assistant City EngineE Peach Hill Road /Tierra for several weeks, i° desired by the Pheasa alternatives, staff re present traffic contr). pedestrian traffic signalized intersects(, The Council invited M, concerning this Matto �chr snipe advised that although the leiada 4oad signal has been operational ;a, nc�t provided the measure of relief Run '-sidents. After reviewing all )mmonds that no change be made to the system! on Tierra Rejada Road, and that c}ncouraged to utilize the adjacent tr) ­c s Tierra Rejada Road. M. -irk '. zpatrick to address the Council ATTACHMENT 4 RESOLUl'L," NO i'(', i9- -207 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RE(OMMENDING THAT GENERAL PLAN AMENDMENT NO. GPA -88 -1A .)',,ND ZONE ''IIANGE NO. Z -88 -2A ON THE APPLICATION OF JO' ; -:PH LATUNSKI BE DENIED. WHEREAS, at a duly noticed 1 :bli�- hearing on December 18, 1989, the Planning Commission considered th applic=ation filed by Joseph Latunski requesting approval to amend the =eneral Plan land use designation from Residential Rural Low (5 acre /dwel ng unit) to Rural High (1 acre /dwelling unit) and to change the zoning ''rom RF' 5 acre to RF, -1 acre for his 4.12 -acre property located approxin,itely 1, :iO0 feet north of Casey Road and 1,500 feet west of Walnut Cany"�)n aci �1s �er,��,or" s Par�.e1. No. 500-260-06); ' WHEREAS, the Planning C:omriss,(M reviewed and considered the information contained in the Staff 4ep,)rt. sted November 28, 1989, and the Negative Declaration. and WHEREAS, at the Planning Comriss ones; meeting of December 18, 1989, the Commission opened the public searing, t=ook testimony from all those wishing to testify, closed the ribl,t, hearing, and directed staff to prepare a Resolution for the Plan :i g Ccimmi,.sion's decision; NOW, THEREFORE, THE PLANNINt COr1M1S '-ION OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLI,Oi' SECTION 1. That the Plannin, Commission hereby adopts the findings contained in the Staff Report da .•d November 28, 1989, which report is incorporated herein by reference ±- Loig'i 'ally set forth. SECTION 'That the Planni:,, Commis ion hereby recommends that the City Council deny the requestt�d ,,n,,i a.7 11 :1Ti Amendment and Zone Change based on the findings contained �- gaff Report dated November 28, 1989, and based on the followinf. cn; The Planning Commission ollsidet: the proposal to be premature and that the County of k ,ltu =-a a(ted correctly in 1982 when the Board of Supervisors . ii( d P ,,itunski's property from RE -1 acre to RF -5 acrd. No change in the 1 3n,i ur,c deg, ignat ion and zoning for Mr. Latunski's 4. 12 acre pr rt y slioiild occur until the surrounding properties to the east { nth arc: also :analyzed collectively regarding tie appropri ,! s a'''wing urnn acre minimum lots. Resolution No. PC -89 -207 Page 2 SECTION 3. That the Planni >mmi icon hereby requests the City Attorney be made aware of the all, t. "do by Mr. I,atunski regarding a potential "takings" issue. SECTION 4. At the Planning Co the Commission took action to appre Council that General Plan Amendmen request No. Z -88 -2A be denied. I' was approved by the following roll AYES: Schmidt, Lanahan, Tall NOES: ABSENT: Scullin i,migni -n meeting of December 18, 1989, 3 Rosolut -ion recommending to the City rogn-s —"n. CPA -88 -1A and Zone Change it l -: W i with the foregoing direction 1 PASSED, APPROVED, AND ADOPTED THIn 1T' +I 01Y W DECEMBER 1989. >hn Wn niak, Chairman ATTEST: Celia LaFleur, Secretary Punning Commission,_ C ty r,f Moorpark California Minutes of D� - e-mhei 18,E 1989 _ Pa R0 -1- - The regular scheduled meeting cf tl�,e i'lhnning Commission was held on December 18, 1989 in the City Col rci] Chambers of the Community Center located at 799 Moorpark Avenue, 'Ioc �a rl , C 3 1 i torn i a . 1. CALL TO ORDER The meeting was called to do a 7:00 p.m., Chairman Wozniak presiding. 2. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was l A by ('hhirman Wozniak. 3. ROLL CALL Present: Chairman John Woznia,; Vice 1,hairman William Lanahan; Commissioners Glen S �rmidt. ar;d Roy Talley. Absent: Commissioner Michaci ;cull n was absent. By consensus, the I mmissicn determined that Commissioner Scullin be granted 1 ex .u!;t_0 absence. Other City Officials and Repr c ant rt. i v, =s Patrick J. Richard• Lirec.tor of Community Development; Deborah Traffensted Senior Planner; Winnifred Wilson, Associate Planner , Iiii, Knipa,, Assistant City Engineer; and Sally Coons, Secrelfi ,. 4. APPROVAL OF MINUTES September 24, 1986 (PC) August 29, 1988 (PC & P &R) November 20, 1.989 (PC) December 4, 1989 (PC) By consensus, the Minutes Dccemb+�r 4, 1989 were corrected to reflect the proper roll c.ai vote; Ind to correct the address of William Masora, listed under i i c ('cam - rents. MOTION: Commissioner Schmidt oved an,- Vice Chairman Lanahan seconded a motion to approve the miiu,_es for the meetings of September 24, 1986; August 29, 1988; Novemt -r- .10, 989; and December 4, 1989 (as amended). The voice vote ir�anir�i -)us, with Commissioner Scullin absent. Planning Commission, C ty of Moorpark, California Minutes of P.- -ember 18, 1989 5. PUBLIC COMMENTS None. 6. CONSENT CALENDAR A. Resolution No. PC -89 -206 A Resolution of the Plans ng Commission of the City of Moorpark, California, Reccmmendink tc> the City Council that Major Modification No. 1 (I'- °velopment Permit No. 348) on the Application of A to Z Sel Storage he Denied Without Prejudice. MOTION: Commissioner Schmidt oved and Vice Chairman Lanahan seconded a motion to adopt Resolutio° No. PC -89 -206. The voice vote was unanimous, with Commissioner 11 n absent. B. Planned Development Permi No PD -1055 Minor Modification No. 1 - Baher The applicant requested ,e approval of a minor modification to PD -1055 which would i oIve ,hanges in the architectural elements, materials, and o1ors in order to enhance the building character. Located at "1 M,x)rpa�k Avenue. Upon questioning by the Commi,• ion, Director of Community Development Richards advised that the r)(.,, owners of the subject property are interested in repainting the wilding„ eliminating trellis work and replacing it with mission ti.le moving the front staircase to the back of the building; and re- estab] ;ping the landscaping. Chairman Wozniak advised that Commission received and file(: 7. PUBLIC HEARINGS r 1(.t i on I s required on this item. The ie repo t„ A. General Plan Amendment N( GPA -88-1A and Zone Chafe No. Z -88 -2A Latunski Amend General Plan land ;e designation from Residential Low (5 acre /du) to Rural High ( acre /du) and revise zoning from RE -5 acre to RE -1 acre for a + 2-acre property. Located at 289 Casey Road (approximately 180( ect rior=h of Casey Road and 1500 feet west of Walnut Canyon R,ora Senior Planner Deborah I' iffenstedt. presented the Staff Report. She stated that if th(, pi :)posed General Plan Amendment and Zone Change were approved, it would create a maximum of four lots. Ms. Traffenstedt.advisec he Commission that Mr. Latunski owned the property at the time t was iownzoned by the County in 1982 from RE -] to RE -5 to hri t, tlt( prc>})erty into conformance with the 1979 - adopted Moorpark C,); rurciity llan. In addition, there were approximately 100 othe, r-j eiti "s that wei,7. downr_oned during Planning Commission, City of Moorpark,__California Minutes of U- cember 18, 1989 this County rezoning l� approving Mr. Latunski's for the other propert io, requested General Plait Change are considered _e Use Element Goals and F' urban development. Page -3- >cc ;s in 1982. She noted that by zone change, a precedent would be set L(, roquest similar zone changes. The inc; !,;,,v Designation Amendment and Zone bra inconsistent with the adopted Land ii,. o., related to preventing scattered sues �) f .oncern irrc]uded access and circulation, as well a water- and sewer facilities. Ms. Traffenstedt requested t.i it tlw Planning Commission recommend to the G33ity Council a denia of tfie proposed General Plan Amendment other zone and Zone Change based n lie finding that: 1) it is not consistent. with the Lan<i se Element of the General Plan; and 2) access and public ser, arc inadequate to accommodate the proposed zoning. In response to Commissioner S(hmidt, Director of Community Development. Richards a.dv seed that. the City is not in control of guidelines for water rid sewer facilities; that the Fire Department determines wni i.� afar and reasonable guidelines for access to the property, th,it ri) other zone changes to more intense use have been nFprovo(! for open space areas; and that restrictions on the u�,, -rapt iJ: tanks are based on County gat }i- ; requesting; a zone restoration standards. In response to Commis,, oner- Lanahan, Director of Community Development Richards ndvi „ed :ghat the City Council did not direct Staff to research areas surrounding the Latunski property; and that Mr. Lieb was the on a other property owner who expressed an interest in the re -zon irip pi o :ess but subsequently withdrew. In response to COMMiSSI(Aii r Lanahan, Ms. Taffenstedt advised that Staffs timetable foi mpert rrF the hearings for the General Plan Update is November =)C Chairman Wozniak opened t.!;- 'tbii< Hearing and recognized the following speakers: 7.A. Joseph Latunski (289 Cas w Road, Moorpark) distributed a packet of information to the C'c imi s:, ion Ile reviewed the information, giving a history of his >urc hasp• of the property in 1960 at a zoning of Al -A acre; it subsequent rezoning by the County in 1982 to RE -5 acre; thf ; ; >rerr +e C "(,rr t.'s Opinion rendered in June, 1987 that. states to dc)..rizote ri property without compensation violates ' -he Constit-ut yr, t'r, City Council`s action in September, 1988 to pro,;,- s -_ire , one change at no cost to Mr. Latunski; the Counci'.,, ub- .equc:rt- action requesting Staff to expedite the process; tin the re, uirement and payment of fees. Mr. Latunski stressed tit f i( t t- fit this is a zoning matter and not a development issue, gat }i- ; requesting; a zone restoration and not a land divis:icr AT THE HOUR OF 7:55 p.m., Cltairmhr h'c,,.iiak do,c_lared a five minute recess. The meeting reconvened at the ht:cr I) I 11lanning_ ommission, C ty of Moorpark, California Minutes of D)- :ember 18, 1989 page -4- In response to Vice Chai man Lanahan, Mr. Latunski advised that City Staff informed him Tanuarv, 1989 that his rezoning would require an F.IR and 'i raf ; udy, , tnd that he would be required to pay these costs Iis 11 is th`� cost of sign posting and advertising. If these c sts wei- riot paid, Staff advised they would request the City :;c;inc.il tc set aside the process, without prejudice. Mr. Latuii ri(iv:.(Ici that 1:e paid $1,000 in September, 1989 to retisl i 11, l,° )4 Oss. In response to CommissioriIr l'tlleI,, Mr. Latunski_ advised that the main purpose for his re( iest fo; rezoning is to: 1) sell the property; 2) build two r Airee houses on the property; or 3) wait for Mr. Guny or Ma iet> In - evelop the adjacent properties. In response to Vice Chai man Lanrchan, Mr. Latunski advised that he cannot wait to go t.1 ough the General Plan Update process because he cannot ? erigthy time it is taking to complete the process. 7.B. Don Fender (14875 -C Camps [ark Drive, Moorpark) supported Mr. Latunski's position that he property be reinstated to RE -1 acre zoning as it was when 11 Latunski purchased it in 1960. Mr. Fender also cited the S.})reme Court. Opinion advising that Mr. Latunski could bring exl-nsiv(, litigation against the City in this matter. He furtbe ,idvisecl that a traffic study is not necessary since the �.lo ,ro ,f the school on Casey Road has virtually eliminated n]. raffia n this area; that the issue of utilities has never b(�eii i problem before; and the fact that the property is approximate , 800 feet from a fire department invalidates any argument ga-fln,� lack of fire protection. 7.C. John Galloway (338 Sieii concerned about severa'F Commission is a zoning r -f it is a unique situat:i.o7 prior to the downzon:u.:nF, Council was not whethor to its original zoning further advised that t. }c+ remedy the downzoning 11 not be subject to the Update pro( :ess. Mr. -a1 property may be possilrl further stated that h(, in the. future should thi Avenue. Moorpark) advised that he is ss;ue: : 1) the request before the guest ar,d riot a development request; 2) a that Mr. Latunski. owned the property aad i that the debate at the City rct the property should be reinstated it ;-at::hf,r who should pay for it. He Ct i;;,urrcil gave clear direction to c�c:.c rt lined that Mr. Latunski should °rgt ,y i me frame of the General Plan ,11 o suggested that access to the l- from Walnut. Canyon Road. He e.r v(�r. t re right to speak to this issue o' ho solved fairly. In response to quesLI)i trom the Commission, Mr. Galloway advised that the Cite C in,- l c,d not consider all the legal aspects of the Supreme ir' decision when it made its decision to convert the property its original zoning; however it was the (;ity Attorney's )pi on that f the property were to be rezoried, it had t:o go t ,i ;u;.;} t h- i ega l ly proper steps to do so and could not be changes r, b rE Council action. Planning Commission, C ty of Moorpark,_ California Minutes of k nember 18„ 1989 Being no further speakers, 31ka mip hovilak closed the Public Hearing. Commissioner Schmidt recomme ied uh,Gt the Commission get legal clarification on the Supreme + ait Opinion concerning downzoning, and whether or not it is retroa( t ap to a n ions taken in 1982; and that the appropriate zoning for I 1,atun,4kL property be based on the requirements as they are now n i i"i whit they were in 1982. Vice Chairman Lanahan advi •d that he concurred with Staff's recommendation; that the Ian ire should be in concert with the General Plan Update because i, of d ho precedent setting. Commissioner Talley agreed tha tic Alinski rezoning should be a part of the General Plan Update pr „s4 Chairman Wozniak requested a City Council on this matter, what legal opinions were garn clarification on the Supreme He agreed with the other Komi request separate from the do of the City at large. triticat. ion on the actions taken by the chiding the discussions and decisions; ed during, those sessions; and a legal :out Opinion rendered on downzoning. ssionein that processing the Latunski 3 Plan update is not in the interest MOTION: Commissioner Schmidi wvcd that the Commission recommend to the City Council a denial of to proposed General Plan Amendment and Zone Changed based on the foi )wing findings: 1) That the proposal is not consistent with the La A WKe Element of the General Plan; and 2) That access and public iv, c -, r- inadequate to accommodate the proposed zoning. MOTION SECOND: Vice Chairmai following amendment: That: proceedings on this matter Ti made available to the City and that the City Attorney l 1987 Supreme Court: Opinion ` k Lar,ahan seconded the motion with the tho transcripts from the Council Counc,,i meeting September 7, 1988) be w(iI when it again hears this matter; req iesL d Co render an opinion on the ' `l MOTION VOTE: The voice vote Pnpnimous, with Commissioner Scullin absent. Staff presented Resolution A0 'C -89 -207 for the Commission's consideration entitled:' A RE:OLUT ON OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CAi,IF�414110, RECOMMENDING THAT GENERAL PLAN AMENDMENT NO. GPA -88 -1A AND 7,0? cAANGI NO Z -88 -2A ON THE APPLICATION OF JOSEPH i.ATIJNSI<:I BE DF,NIEI) Page -5- 7.C. Stephen Velador (1331 Wa itit Canyon Road, Moorpark) advised the Commission that he felt N Latun«k.i had a right to get back his original zoning as it w. don e purchased the property. He further advised that he d ,;n, , a problem with septic tanks on one acre lots in thi" e; Being no further speakers, 31ka mip hovilak closed the Public Hearing. Commissioner Schmidt recomme ied uh,Gt the Commission get legal clarification on the Supreme + ait Opinion concerning downzoning, and whether or not it is retroa( t ap to a n ions taken in 1982; and that the appropriate zoning for I 1,atun,4kL property be based on the requirements as they are now n i i"i whit they were in 1982. Vice Chairman Lanahan advi •d that he concurred with Staff's recommendation; that the Ian ire should be in concert with the General Plan Update because i, of d ho precedent setting. Commissioner Talley agreed tha tic Alinski rezoning should be a part of the General Plan Update pr „s4 Chairman Wozniak requested a City Council on this matter, what legal opinions were garn clarification on the Supreme He agreed with the other Komi request separate from the do of the City at large. triticat. ion on the actions taken by the chiding the discussions and decisions; ed during, those sessions; and a legal :out Opinion rendered on downzoning. ssionein that processing the Latunski 3 Plan update is not in the interest MOTION: Commissioner Schmidi wvcd that the Commission recommend to the City Council a denial of to proposed General Plan Amendment and Zone Changed based on the foi )wing findings: 1) That the proposal is not consistent with the La A WKe Element of the General Plan; and 2) That access and public iv, c -, r- inadequate to accommodate the proposed zoning. MOTION SECOND: Vice Chairmai following amendment: That: proceedings on this matter Ti made available to the City and that the City Attorney l 1987 Supreme Court: Opinion ` k Lar,ahan seconded the motion with the tho transcripts from the Council Counc,,i meeting September 7, 1988) be w(iI when it again hears this matter; req iesL d Co render an opinion on the ' `l MOTION VOTE: The voice vote Pnpnimous, with Commissioner Scullin absent. Staff presented Resolution A0 'C -89 -207 for the Commission's consideration entitled:' A RE:OLUT ON OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CAi,IF�414110, RECOMMENDING THAT GENERAL PLAN AMENDMENT NO. GPA -88 -1A AND 7,0? cAANGI NO Z -88 -2A ON THE APPLICATION OF JOSEPH i.ATIJNSI<:I BE DF,NIEI) Planning Commission, pity of Moorpark California Minutes �of !ocember 18, 1989 Page -6- MOTION: Commissioner Schmidt roved and Vice Chairman Lanahan seconded a motion to adopt Resoluti,) No K-89-207, with amendments. The voice vote was unanimous, tai, '­am s� ioner Scullin absent. 8. PLANNING COMMISSION ACTION IT S None.. 9. INFORMATION ITEMS None. 10. COMMISSION COMMENTS Commissioner Talley expressed he concc >.rn of residents living adjacent to the Texaco Station whici is staring contaminated dirt. Mr. Richards advised that the app opriate agencies are continuing to work on the clean -up of this probif Vice Chairman Lanahan request-d Staff to get direction from the City Council as to the Commissio, s role regarding decisions to remove General Plan Amendments from the Genriral Plan Update process which tend to take the Commission r+,;ay from its goal of long -term planning and instead require it to c e,o with S11-rL -term patchwork. Chairman Wozniak noted rece >t of I copy of the letter between Caltrans and Unocal and it d •. f to d P, c ­s i re that the City continue to pursue this.. 11. STAFF COMMENTS Director of Community Development Richards advised that there is no scheduled business to come bE +ore the Commission on January 2, 1990 and requested the Commission ,nsider <ancelling that meeting. CONSENSUS: By consensus, tl c Commission determined to cancel the Planning Commission meeting, -( eduled for January 2, 1990. Planning Commission, City of Moorpark,_California Minutes of D4- cemher 18„ 1989 12. ADJOURNMENT Palle -7- CONSENSUS: By consensus, 0i� in�; wits adjourned at the hour of 9:06 p.m.. RESPECTFULLY SUBMITTED ON BY: Celia LaFleur, Secretary CHAIRMAN PRESIDING: John Wozniak 121889PC.MIN l PUBLIC HEARING 1 CEMSE.R 0, 1989 799 MOORPARK Alf I 100RI ARK. CA. COMMISSIONERS, STAFF AND FELLOW RESTDEN MY WIFE AND I PURCHASED OUR PROV! adopted `larch 18, 1947 by the Ventur, 1, 1961 it was rezoned RR - -1 acre (ordinnn— changed form RE -I ta RE -, (acres), a of protest. Moorpark became a City aid - RECEIVED - DEC 1 8 1989 CITY OF MOORPARK 7) ;N IK60. IT WAS 40NEU A -1 (acre) nly ian,d _ri Supervisors, on Aug. 8 .c . h ?.' n ,iu1y 7 1982 it was again c a:1 report 1 riled a letter I t I i _ounty Ordinances in 1983. On June 9, 1987 The Untied State, upremc Court handed down a ruling Supreme Court Opinion no. 85 -1199 that aces is down zone a property without compensation violates our Constitutionn rights vender the fifth amendment. I immediatley informed the City and reu do ed iur : roperty be re -zoned to its previous zoning when we purchased it 1yo r[n d the Supreme Court Opinion. The City Council Agreed, and by a vote , with NO COST to us to restore our zotiny commited by County prior to incorporki: Council Meeting. I immediatlev went to the City ( I was informed by Mr Richards the Dire,i like the Council's decision and would di from ever happening. I signed all the nt to I agreed to process the change The} felt it was to correct a wrong Vii; as done at the September 7-01153 que what I could do to assist them. r of Conmunity Development that he didnt ghat ever he could to stop this change absilv ocuments. After waiting 6 weeks and heard ( ro prenress I again went to the City Council and asked for a status report. 4 of the "Mayor Lane asked Mr Richards about it he said he didnt think it was "ri�rit° so he was just doing it in the normal time but that he was busy ani indw (,en started to work on it. The Mayor then issued a strong; mandate F. 1 r A it done as soon as possible with the least of erfort needed. November 4 198$ I recieved a let- the Council mandate and she outlined tilt quoted a time frame of completion in than the first of March. There- were all sorts of obstruct_,( mandate was changed requiring fees from of 1989 and we are now at the Planninn t for approval. We have read the Staff report art( they are bias, predudical and contair.r vague partial information offered as tr, report concentrates entirely on issuer, ment and have no bearing on the issu( and deny this document to protect out We again affirm, this is a ZONING maitpt that our Constitutional Rights were vi" be re- instated as directed by the City Council Action. WE ARE NOT ASKING FOP r from associate Planner acknowledging itep,s reeded to accoumplish it. She also .. Thin, y or middle February but no later s put f"rward to stop progress, even the Fhesw were paid. Here it is December mr i is de hope this is our final request f i n3i npn and conclusions. It is our belie> arcur 3t� information. There are ommissions A t- support their findings. The Staff At are, .,ddressed at the time of develop - 1UNINK. We have no chi_oce but to refute htq .r he event litigation is necessary. n(t - ct vel.opment one.' We again AFFIR`1 ttd :nc request the previous ZONING ancil ( '.Moorpark in their Sept. 7 1988 AND 1` 1% SION, merely a ZONE. RESTORATION. Thank you for your onsidcration at 0 -:mi, r,spectfully Joseph & Evelyl Latunski e 'Y'�";! ttl[�r a.y+� '.i,.,y�., ..: �+., 'C a�.n;�' 4�.i � "°Y-�;S )S!''•tOn'�.:z;;i 'a .c�:.d!i ire -.' � -_? �11.�.., Q I _ 113GAC .., 6 I O 3 u � 5 POR TRACT L RANCHO SIMI , 7 18 2 2 O 26 � .moo•, - __._. __.._�..__. /T Q s Act ' 3 67Ac. rat Aroc C 4c 67 -06 67-/4 67 -15 30 67-022 67005 500_P6 t4 zao7 Q I _ 113GAC .., 6 I O 3 u � 5 6'Af of 4.12'Ac. 3174 Q ' -JAC j jai `,�, -- 'a -�•'- �% 1 ° -i y <'cz a,d 5 09 53164 OPD 1092 VVV y� En 1 <; rS n GQ /d 11415 O� 4Q /�iiCS } h � Q _ 113GAC .., 6 I O 3 u � 5 6'Af of 4.12'Ac. 3174 r �p G "toaM:- „!7 a' -• -i S 'y7- 1 DOe i „v w � .if T6 1132G1J Z�GY�J ;320 �Z1�hJ -11)97 c _ N Zo -; rsrF 500 26! t - •_ �-- - .�-- `� --- -' -- -. _ tAt D,NANct 233 A1k A'll l' -J -7n I I INFORMATION FOR CHALLE�4GING THE STAFF REPORT GPA- 88-- 1A /Z -88 -2A Public Hearing Decembe, _ 18, 1989 (7:00 Vim• ) I have compiled items either omitte or misrepresented to show bias or prejudice. I would appreciate an,! you ,addressing any of them at the hearing to reveal the errors to the Pitnning Commissioners. I realize they are serving the community and give fr-ely of their time. I also know tl:ey rely heavily on staff reports as ti.ey have limited time and access to information. I hope this information gill be helpful and will result in the restoration of our previous zoninc; r had when we bought our property 30 years ago. Page 2 Section I recommend the ComI'Lssion accept J. after testimony. Section II Site Zoning Hist::>•/ 1947 A -I 1 acre 1961 R -E 1 acre 1982 R -E-5 aces Item C. There has not beep any plan xied development north of L.A. Avenue, west )f` Spring; St. since incorporation. Item D. The proposed prop ,--t.y is within 2500 feet of City Hall in the cento, cf 'own.; Item E. This entire are,3 General Plan Up(. -1 i Item F. The topography of development excav ed by hand shovel property vary -5 than the Commur: i .. i 1 1 ( °h _:nge with the release of the 'phis property is such that all tions required could be accomplish - The elevations and the entire ��et. Therefore it has less changes C:'ent e . Item G. The City of Moorp �-k approved a tentative tract map #3218 directly no�-h bordering the Latunski property to develop 227 ,:a s intc� 47 lots with access to the Latunski land by gad designated as D St., with all roads and utilit; available. The City also approved a tentative tract map #3958 in 1985 with existin zoning of RE and RE -5 acres ad- joining to the soth to subdivide the lower 6.1 acres into 19 lots, lea than 1/3 acres lots with all roads and utilities. -,ther .development shows extension of the road any:: 11 i It e to the Latunski property. Both of these pro Plan Update foi Item H. The General Plan controlled by the approve and shif`. justify the concr> orties are in the present General -zcn i.nci and tract approval. pdate of,1979 was orchestrated and Ientura County staff to substantiate, -he zoning of this entire area to - -ration of population and development to Peach Hill and Campus Park. In order to do this, they hand - picked new residents, non - residents for a committee and spo.:)n -fed them control-led information so that their findings would be the desired results to justify the Board _)f Supervisors action. I attended sorlc of the meetings, c;bjected to their findings and filed a letter with the Board :)f Supervisors in protest, but to no avail. Section III General Plan con, stency did no t provide for any resi- dential development west of Spring St. or north of L.A. Avenue. Goals 3, G and 7 spell out NO DEVELOPMENT for this area. Discussions: Thi; parcel can not be classified as "scattered urban 3evelopment" when it is next to City Hall in the center of Moorpark. Prior to incorporation, the residents of Moorpark formed a water and sewer district so that ae could have the college and for the future developmer, of ALL of Moorpark. This allowed Campus Park to be « -ome a reality. Peach Hill had none of the utilities avz, lable when their tract maps were approved. Section IV Traffic: Access a not applicable for consideration of zone change and w; 11 be addressed at the time of develop- ment. Site access is also not applicable, however, liti- gation in Super_•-: Court of Ventura (Case tt 108091) will remedy access. The Fire Departmer t has always had adequate access to our property. Hazarc:)us brush and weeds have been removed at all times to m,,,et the fire department's requirements since 1960. Then= are many areas in Moorpark that have been granted bui.liinq permits that are on a 'NO EXIT' road of more than. 1800 feet [example: Bonnie View is a single -lane dedi.c.ited road with 90 degree turns where our fire engines -an not even get up the road. Others exist throughout ht;, c i t ,r j . Again, the Guny sbdiv.ision is mentioned. Access to the proposed development to the north and adjoining our land has been ass.ired to us by the present owners. Access to the sou'11 will be provided with the develop- ment of the Liek:, ropert, and the disposition of our suit _i_n the Vent r ° r County Superior. Court (Case 108091) . All road, utility and fire protection will be addressed when development rues CONCLUSIONS OF STAFF: Section V Under project hit_ory, how many parcels that were dcwn- zoned have been ;;! -zoned or developed? How many are still owned by th­.:r original owners? The return of the Latunski proper.t,, to it.s previous zoning will not be precedent- sett inC. No development will be allowed before a lot split and I ri 1dinc approval are granted by the City. Again, the proper:t.y of Harry Lieb is cited. Yet no mention of previously- approved subdivision tract #3958. The possible sub - division of the possible purchaser is also proposing l' lots on 6.1 acres presently zoned RE and RE -5 acres.. With this proposal, the lot size would be less than 1/3 icre. A lis pendens document has been filed and it is liccepted and recorded in the Court (Case # 108091) ,Iai.nst the Lieb property. STAFF RECOMMENDATIONS: Section VI The General Plan 1pdate soon to be released will contain vast changes in ,:l..l the land use of the land north of Los Angeles Ave. ind west of Spring St. The one acre zoning will be cc ipat.ibl <2 with the surrounding land use. Examples: The re- .on:Lng .:)f the high school property, the Lieb /Guny proposf:1 development, the Walnut Ranches 227 acres north bor_dcr-ing the Tom Schleve and John Newton properties are b(A.'ore the Planning Department for in- corporation into !.he General Plan Update. Access and public service w: L I)e av-ailable before any development. Anyone interested in bringing ul:: any of these points will be welcomed. I have spent a great deal of time pro�par..ing this information for your use. I hope that some of you do speak in avor of my property being restored to its original one acre designation th,v we had 30 years ago when we bought our property. Thank you for coming to this he, -in,l. Merry Christmas to you all. Joe and Evie Latunski LAY. F 1, C F_.5 Bumm, WILL] M4 8c SORENSEN ONE ,Mi •R E HUI L C. 950 COUNTY SQUARE DRIVE 524 SOUTH -BRA- I Vr_N J - FLOOR SUITE 207 _ LOS ANGE1._E.t "-AL F -ORP, , A 1.40017 VENTURA. CALIFORNIA 93003 48051 644 -7400 1 2 1 Decembe- 28, 1987 Mr. & Mrs. Joseph Latunski 289 Casey Road P.O. Box 456 Moorpark, CA 93020 Re: Your Letter of Augu :,t 21, L987 Dear Mr. & Mrs. Latunski: ATTACHMENT 5 3200 PARK CENTER GRIVE SUITE 650 COSTA MESA. CALIFORNIA 92628 (714) 545-5559 �C�iC11%% DEC 2 9 1�.�- CITY OF MOORPA This letter is in response to your letter of August 21, 1987 to the City of Moorl.)ark. claim fo normally optional 905.1.) like any It appears your let %er was intended to be a damages r inverse condemnation. Although filing a claim is a prerequisite for 3ueing the City, a claim is only for inverse condemnation claims. (Gov. Code § However, once filed an optional claim is treated other claim. The law provides that claims not responded to after 45 days are automatically reected by operation of law. (Gov. Code § 912.4.) Conseq.ently, your claim which you presented to the City Counci , Planning Commission, and City Manager on August 21, 198 ", a< i rep cted by operation of law on October 5, 1987. In addition, the fo m of your claim was insufficient. Because your etter is lacking any amount of damages claimed, it is inade,uat:e. The law also requires Mr. & Mrs. Joseph Latunski December 28, 1987 Page 2 that claims for damages state the amount of money claimed. (Gov. Code § 910.) You should also be aware that the City rejects the does substance of your claim. open a'l space - 5 acre zoning reasonable use of your not deny you substantially property, and consequently, ou have not been damaged. Although the City h,,s not "taken" your property, the General you certainly are free to se -k an amendment to the ity is presently processing a Plan. As you may know, General Plan update. As par" of the update, the City suggests that all interested landowners file applications for General Plan amendments"" However, we decline the suggestion in your August 21st letter that all filinc ees be waived for your application. It would be c.r:`air to favor you over other has n ot determined the scope c: landowners. The City COMIC of the update, but if indiv:.ival properties are included in the process, City Staff wil';. recommend that each landowner fair share of the cost included in the update be ct -arged his if are included in the of the update. of course, even there can b�- you no assurance that your request update process, for a General Plan amendn•en' wil, ` °e granted. Finally, you are -4 icome to file an amended claim stating the amount of your 'amages. However, you should be aware that filing an amender: claim will not extend any Rather, applicable limitation peri- on your time to sue. we are legally required °:c iti,E rc "i the following notice: DARNING Subject to CE, ta:n exceptions, you have only six (6) months frc- the caate this notice was deposited in the 1- ail to file a court action on this claim. See v" code Section 945.6. You may seek, he advice of an attorney of your choice in connec, n 41t'- this matter. If you Mr. & Mrs. Joseph Latunski December 28, 1987 Page 3 " desire to consult: a attorney, you should do so immediately. Sincerely, Scott 7F,. Field Assistant City Attorney, City of Moorpark and Burke„ Williams & Sorensen sff /LTR2890:dlw cc: Cheryl J. Kane Steven Kueny MOORPARK ATTACHMENT 6 ELOISE BROWN Mayor BERNARDO M. PEREZ Mayor Pro Tern CLINT HARPER, Ph. D. Councilmember PAUL LAWRASON Councilmember SCOTT MONTGOMERY Councilmember RICHARD T. HARE City Treasurer A. HEARING DATE: µ �Oq CITI OV MOORPARK PLANNING COMMISSION STAFF REPOR'l - NOVEMBER 28, 1989 SECTION 1 GENERAL, INFORMATION December 18, 1989 C. HEARING LOCATION: City Council Chambers 799 Moorpark Avenue Moorpark, CA 93021 E. STAFF CONTACT: Deborah Traffenstedt Senior Planner G. PROPOSED PROJECT: STEVEN KUENY City Manager CHERYL J. KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V.,GILLESPIE Chief of Police 13. HEARING TIME: 7:00 p.m. 0. CASE NO.: 1. General Plan Amendment No. GPA -88 -1A 2. Zone Change No. I -88 -2A 4. . APPLICANT: Joseph Latunski 1. Amend General Plan land .se dosrgnation from Residential Rural Low (5 acre /du) to Rural Q i i ` -i :ro /du). 2. Rezone subject property im 11?-; a re to RE -] acre. The project site is approximi fly + : acres in size; therefore, a maximum of four lots could cl'­afo"l if the proposed General Plan amendment and zone change nrt. o , v, (l H. PROJECT LOCATION: The property location is ah,pr( 7ir,u iv ],800 feet north of Casey Road and 1,500 foet west of 1ia.'n l u vc,ii Rond (Assessoi-s Parcel No. 500 - 260 -06). T110 property idd t�) Casey Izond. 799 Moorpark Avenue Moorpark California 93021 (805) 529 -6864 4. Direct staff to prepare a 1—soLotion recommending denial of GPA -88 -1A and ZC -88 -2A tc,opt. )n at the Planning Commission's next regular meeting ci ala-y 990. J. ALTERNATE PLANNING COMMISSION y(71`10NS:. Recommend approval of the r- f :-riera 1 Plan amendment and zone change. SECTION 11 - PRt j IF.(71' SITE BACKGROUNI) A. SITE ZONING: RE -5 Ac r - to r t I B. SITE GENERAL PLAN C. VICINITY ZONING: North: RE -5 South: RE -5 East: RE -5 West; RE -5 Resident -r R t -a W (5 acre /du) Acre - -Rura ;c 1 Acre Acre Acre and Al.- 1gr �.ul'.�tral Exclusive D. COMPATIBILITY OF PROPOSED PR0.1+ CT WITH SURROUNDING 'ZONING: Incompatible E. VICINITY GENERAL PLAN: North: RL- -Rural Low (` South.: Rh East RL West RI, and AG- 1 - -Agi r- d �1l, , 10 -40 acres;; = �FProject Site i 4 , j L 42"1 1 - I. REQUESTED ACTION AND STAFF REC;IMMENDATION: 1. Open the public hear_ii�g t i ;i ; +.-pt .)ublic testimony. 2. Review and consider the i <> mtt. i >rt in the Negative Declaration (Exhibit 1). 3. Make the appropriate i it c iKs; 4. Direct staff to prepare a 1—soLotion recommending denial of GPA -88 -1A and ZC -88 -2A tc,opt. )n at the Planning Commission's next regular meeting ci ala-y 990. J. ALTERNATE PLANNING COMMISSION y(71`10NS:. Recommend approval of the r- f :-riera 1 Plan amendment and zone change. SECTION 11 - PRt j IF.(71' SITE BACKGROUNI) A. SITE ZONING: RE -5 Ac r - to r t I B. SITE GENERAL PLAN C. VICINITY ZONING: North: RE -5 South: RE -5 East: RE -5 West; RE -5 Resident -r R t -a W (5 acre /du) Acre - -Rura ;c 1 Acre Acre Acre and Al.- 1gr �.ul'.�tral Exclusive D. COMPATIBILITY OF PROPOSED PR0.1+ CT WITH SURROUNDING 'ZONING: Incompatible E. VICINITY GENERAL PLAN: North: RL- -Rural Low (` South.: Rh East RL West RI, and AG- 1 - -Agi r- d �1l, , 10 -40 acres;; F. COMPATIBILITY OF PROPOSED DESIGNATIONS: Incompatible G. PROJECT SITE DESCRIPTION: The topography of the site is northwest corner of the propert., lowest elevation on the site, at tl, feet. Based on the J.S. Geologic.a the property exceed 20 percent, elevation than the lands to the no and review of aerial photography the site has been disturbed. PR0.1FC-l' WITH SURROUNDING LAND USE IrtiNf,i flat. The elevation at the s approximately 675 feet and the southeast corner, is approximately 640 Su•vey ml-ip for Moorpark, no slopes on he slnbjec:t property is at a lower h, Gist, and west. A site inspection ntif - ­ that much of the vegetation on The applicant has identified tha OX istiiig structures on the property include a single - family resident: t„ith < four -car garage. Existing utilities include electric, teleph� e, .rible television, and public water facilities, and there are threo t r i k on the property for sewage disposal. H. SURROUNDING LAND USE: Currently, the land immediately rrcuridii.g Mr. Latunski's property is undeveloped and is used only for g 'zing purposes. A tentative tract map (Tract 4652) has been filed by Abe utwy 17r the 51.5 -acre site immediately south and east of Mr. Latunski's ,)i perty Only the southern portion (7.1 acres) of the 51.5 -acre site is, lick— er, proposed to be subdivided by Mr. Guny at this time. Mr. Guny has he- 1 u(fot iting to purchase the 51.5 -acre property from Harry L ieb ( the cu r i — , t r q e i � owner) . I. PROJECT SITE HISTORY: July 20 1982: The County of changing the zone classification County Zone Change No. Z- 2688). prepared for this zone change, l be consistent with the Moorpar: adopted on December 18, 1979. the zone changes processed by Moorpark into conformance with thy, total of six rezoning phases prot-o Exhibit 3 identifies all of the jir�,ci Avenue that were rezoned under Pha,o County. Mr. Latunski's property Exhibit 3 and 4. Examination l Latunski's property was not the o�i about compliance witl, the Moorlla� alone, 100 properties were downzcnr Vovtnrr, adopted Ordinance No. _�604 oil] H1:- acre to RE -5 acre (Ventura According to the County staff report kit"n-ki's property was rezoned to ;< mmur, i t y Plan Land Use Element, se ;han�,e No. Z -2688 was Phase V of re t_y to bring the zoning in oc:rhr�,rk Community Plan. There were a 1 1 � '1': lounty (Exhibit 2). i,l,ti F roperti.es north of Los Angeles zone changes processed by the issed in Subarea 6 as shown on s clearly identifies that Mr. 1 t (:T-1 y drat was downzoned to bring 11 1111 TI ti Pl, -]n. ,Just for Phase V The County staff report points out . result of many hours of effort iz Committee in developing den: .-Les numerous public hearings were :>eId of Supervisors addressing speci.fi; adopted. The criteria utilized in subarea were: 1) Reflection of ave Existing and adjacent land uses ar:d County of Ventura files contain e letter of opposition to the Board o rezone his property from RE--I considering all comments and the .a the determination that the zoni-ng changed from RE -1 Acre to RE -5 Acr( Community Plan and consistency witi rat the loorpark Community Plan was the meetings by the General Plan Update ariCi laird use designations, and that ,Ifoio the Planning Commission and Board omruw i , y (,oncerns before the Plan was letc r ^ii.ring the proposed zones for each rgO 1 .,t ;e, 2) Community Plan, and 3) 'on ri. der�cc, r. hat Mr. Latunski did submit a Sul- y1 , ­;ors prior to their decision to crO ro RE -5 Acre. However, after feria identified above, the Board made lot- Mr. l,atunski's property should be based (it consistency with the Moorpark rd �; c pan' 1 and uses and zoning. SECTION III - GENERAL PLAN CONSISTENCY The proposal is to amend the Gener Low (5 acre /du) to Rural High ;1 acre to RE -1 acre. Staff reviewed to determine consistency. It is st designation amendment/ rezoning Use Element goals and policies: Residential P air land use designation from Rural (,re, dcr) and rezone the site from RE -5 e hand Ise Element of the General Plan c >P rion that the proposed land use t Sri, stent with the following Land Goal 2 To discourage urban spraw anc s.(,t+ tered development. Goal 3 To provide esidential de lopment�+ with properly planned and adequate services and fa�: i + i r,r Policy 3 Establish a phasing plan +., i(l) wil prevent scattered urban development: and will prof,' e f ,)1 c ° derly growth. Policy 4 Encourage residential dev, 017 (-�Ilt ti,� i th properly planned and adequate public services Policy 7 To ensure that the locatr( cf r(-s denti.al land uses provides a harmonious relationship 1. w­11 ,'Id joining uses, natural features and the total environmeri� Discussion: The proposed land use i�signati:)n of Rural High and zoning of RE -1 acre is riot consistent W',L11 ho identified Residential goals and policies because scattered urban-t. .,P development will result, extensive water and sewer line extensions w�} d )e required, access is inadequate, and there would not be a harmonious, l,a;.ionship between adjoining uses. A spot zoning and land use designati -esult. The following Analysis and Conclusions discussion section C:ttlrel identify why staff finds the proposed land use designation amc�i�i Ti rn,ll sorre change to be inconsistent with the aforementioned General !I, d ,30li -ies. Public Facilities and Services Goal 3 To reinforce controlled, We . nci phased development while discouraging urban sprat,; Policy 1 Permit urban development niy is :nose locations where adequate public services are a ;ii1abie (functional), under physical construction, or will bt vaiinhir in the near future (5 years). Discussion: The proposed project oil l no_ result in controlled, orderly and phased development. If the !wjuested „eneral plan amendment and zone change are approved, the Latunski property could be subdivided into one acre lots, with all of the surroun­ng proport:ies required to be five acre lots or greater. The approval of spct zoning for the Latunski property would, therefore, be growth indt: c: i : and p rc codent setting. SECTION IV PROJECT ANALYSIS Traffic: A Focused Traffic St.u,v leas Completed by the Cazy Traffic Engineer for the Latunski proposa (E;chilriv 5). The conclusion of that study was that the proposed Gener P an imendment and zone change would result in an insignificant impa"t 4o t tffic circulation system within the City of Moorpark. However, th sn dy dEd identify a concern regarding the lack of legal access to the pt; ct q t Site Access /Circulation: Current private, unimproved road which cons road is approximately 1,800 feat request that he provide proof oF provide this documentation, and there is no legal access to ttc letter from First American Title which identified that they were a: take legal action to prove a pro opinion that it is inappropriate. does not have legal access. Staff contacted the Ventura Goa . informed that the maximum acceptah is considered to be 800 feet when Also, staff was informed that - area. It is considered poor p. increase the density of developmer., no second access to a property. difficult to obtain as adequate lc scattered and occurs in an unord -i , 9( :,F �s to the property is from a Uts t0 'asey Road. The private access rnn 1 aff contacted Mr. Latunski to ,a ac or s to his property. He did not up understanding that currently rcp-�r! -y Mr. Latunski. did forward a utan(- ;ompany dated February 1, 1989, mptih4 o wither obtain an easement or r Ft vc nccess right. It is staff's n 4 the density of a property that v Are Irotect:ion District and was engt.:h of a dead -end residential road ear 4 io second access to a property. r , e t q i to is in a high fire hazard Ai j fc fire protection purposes to h•, q t h i o is a long dead -end road and p oh ] ens with spot zoning is that it is ­1a ion system when development is T 1! 1 ,. Currently there is an access pro blew Walnut Canyon Road. The alignment distance problem at the Casey Road for the proposed 18 -lot Gully subdi land identifies a traffic operation and Walnut Canyon Roads and also Ide be proposed for this intersection Latunski proposal, as any future su further traffic impact analysis contributions for needed improvemen intersection. at the intersection of Casey Road and of Waln!rt Canyon Road creates a sight ntersect ion. Caltrans' comment letter ision t(, the sou "h of Mr. Latunski's problem it the intersection of Casey to fies that mitigation measures should ihcs: comments also apply to the ii-isior: of the property would require 'c dptermine necessary developer _c tfw Casey Road /Walnut Canyon Road Sewer and Water: Staff contacted '4-ntura (aunty Waterworks District 1 to determine where the nearest water a.i sewer E- icilities are located. There are existing lines in Casey Road approximately 1,800 feet south of the property) and in Walnut Canyon Road (approximately 1,500 feet east of the property). Mr. Latunski currently has a <me -inch water meter on Casey Road. Ventura County Waterworks Dis ric. .ommented that if the property is subdivided the applicant would ,e -equirecl to extend the District's water mains to the property linc- >f ­r,(1, parcel created and would be required to provide for water storag, If the proposed spot zoning and i.�i d uses iesignation are approved and a parcel map is subsequently filed, the necessary water and sewer line extensions and water storage r.equ:ii ient.; wo..ld most likely be economically infeasible at this time. When sic �lopmc�nt is directed to occur in an orderly manner, the necessary ill T_ ruc.ture car be constructed incrementally. If the subject profs^ ty f.s rezoned to RE -1, the City may be requested to approve a subdivisioi wi.h wie acre lots with individual septic systems. Staff would not r ommend approval of the use of septic systems on one acre lots. The ti'E n rr,r t;ourity sewer policy requires that new subdivisions provide public �ivi, 1-r � ookrrps if there is a sewer line within one -half mile of the pro s the case for the Latunski property. Fire Protection: As mentioned )us ,y under the Access discussion, an 1,800 foot long dead -end road 1 inconsistent with Fire District requirements and is considered poor iansi,:g For fire protection purposes. SECTION V' - ONCLUSIONS As discussed in the Project Site 1' -;t)-y - (�cti.on of this report, in the early 1980's, the County processes^ si;; re..cning phases to bring about compliance with the Moorpark Commu tV 1'1an (adopted in December 1979). Mr. Latunski's property was included in Phase V of the areas to be rezoned. A total of 100 properties were d ti�n;cc iwd as a result of the Phase V rezoning effort by the County (r-e� ( i,,xi ihits 3 and 4). If the City approves a General Plan amendment �i i r�zonsrrg for Mr. Latunski to return the RE -1 Acre zoning his propert,, r,c :r '1979, we will be setting a precedent for hundreds of propert i r.. h • . �nf;h� it the City For example, Harry Lieb's 51.5 -acr, Latunski's lot was also downzoned Whatever decision the City makes obviously be precedent setting previously, Abe. Guny has made an has filed a subdivision map for 51.5 -acre property, property to the south and east of Mr. From RE 1 Acre to RE-5 Acre in 1982. ) r the Latunski property will very Ir tlie. 1, ieb property. As discussed urchase the Li.eb property, and e eau *, }err. ,1 acres of the subject Staff considers the requested Gerie it 'Ian land use designation amendment and zone change to be inconsistei with ridopted General Plan goals and policies. Scattered urban development. with inadequate public services and access may result. Spot zoning, uc:l as tha' requested, is considered inappropriate because development ioF>�_ riot occur in an orderly, phased manner. Staff, therefore, consider the proposal to be premature and that the County of Ventura acted correct ,l in 1982 when the Board of Supervisors rezoned Mr. Latunski's property frc,n RE-] E:,re to RE -5 acre. No change in the land use designation and zoriinF flc.) ­ Mr Latunski's 4.12 -acre property should occur until the surrounding:, proper'�es to the east and south are also analyzed collectively regar P�, h- appropriateness of allowing one -acre minimum lots. SECTION VI - S'FAFF RECOMMENDATION That the Planning Commission dire- �-tafi t:o draft a resolution to be considered at the next regular „ :nmir,sioii meeting of January 2, 1990, recommending that the City Council +any lAie ,)roposed General Plan amendment and zone change based on the fox lcw ,g is ri 1. The proposed land use desigrin ion amendment and zone change are not consistent: with the Land Use rrwi , the General Plan. 2. Access and public services ,3 , zoning. Prepared by: Dom. S.T .t��af Deborah S. Traffenstedt� Senior Planner aa3e•rlu t��r to accommodate the proposed Approved by: Patri J. Richards )irec,,tor of Community Development SECTION V [ -- EXHIBITS 1. Negative Declaration 2. Phasing Schedule for Moorpark lei P'.aai fezoni -ng 3. Phase V Rezoning - -List of Prop tio.s ani Zone Change Description 4. Phase V Rezoning Map 5. Traffic Analysis Report CITY C M00RPAkK COMMUNITY DEVE )PM4?N'I i )EPARTM�' t 799 MOC , PARK AVENUE MOORPARK, r IJFMNIr 'i�,021 NEGAT I VI a*,(' ARA I "N I. PROJECT DESCRIPTION: EXHIBIT 9 1. Entitlement: General Plan Amw 'mert No (,PA-88-IA and Zone Change No. Z- 88 -2A. 2. Applicant: Joseph Latunski 3. Proposal: Amend General 1 "I Rural Low (5 acre /du) to Rum Acre to RE -1 Acre. 4. Location & Parcel Number(s_I: Road and 1,500 feet west of Wr 5. Responsible ARencies: None lanri ise designation from Residential ll i f,,h ( 1 ticre /du) , and rezone from RE -5 ppr xx imritely 1,800 feet north of Casey 2n,t. t',ur nn Road (APN 500- 260 -06). II. STATEMENT OF ENVIRONMENTAL F': *< ING`i: An initial study was conducted "5 evaluate the potential effects of upon the findings contained it determined that this project ccii environment. lit, Comm in i ty Development Department to i-, ,irnj(�ct upon the environment. Based ,c,' -d initial study, it has been « t i% ri significant effect upon the III. PUBLIC REVIEW: 1. Legal Notice Method: Direct mailing to property owners within 300 feet. 2. Document Postinjz Period: No v,,r rri 'tI t? rough December 18, 1989. Prepared by: Deborah S. Traffenstedt (Date) Senior Planner App oved by: I' -it ick i-hards (Date) is i i -ctor �o Community I' - % Ic)pment CITY Cti ?ORPA f: INITIAL STUD`, IEI,F_L P S 'i I'0RM I. BACKGROUND 1. Name of Applicant Joseph '_.' sic 2. Project Description Amend G, -t , it ] l in Lund use designation from Rural Los (5 acre/du) to Rural High t 3c!rE,,r,tu and rezone from RE -.5 Acre to RE -1 Acre. 3. Date of Checklist submittal `"' iboi '9 1989 4. Project Location Approxirria' y 7�0O feet north of Casey Road and 1,500 feet west of Walnut Can:, c II. ENVIRONMENTAL IMPACTS (Explanations of all "'es" and "m._ivr irswer> are required on attached sheets.) YES MAYBE NO 1. EARTH. Will the proposal restil: 7 a. Unstable earth conditions o n chin ; •!s, x in geologic substructures' b. Disruptions, displacement: ;, overcovering of the soil'? C. Change in topography or g -ori relief feature:;? d. The destruction, covering or any unique geologic or ph,rsi e. Any increase in wind or wat either on or off the site mpact is 1 or x :,urt sc, X ouifica ion of 1 fc -at.�. es? — ,210si.)r of soils, f. Changes in deposition or er, ion of teach sands, or changes in situation, ?e; tti -Jn 11 erosion which may modify the channe t a riv r or stream or the bed of the inlet or lake? g. Exposure of people or prope t to geologic hazards such as earthquakes, nr_i iIides, mud- slides, around a,arJs? YES MAYBE NO 2. AIR. Will the proposal result. . a. Substantial air emissions O! -:i,,r t' - -n X of ambient ii.r quality" __ �. The crewion of object -Lontib C. Alteration of air movement, :, ist ire r temperature, or any change 1i nna, e. zither locally or regionally? d. Is there a potential -'-'or cunt iti✓e averse impacts ,gin ii:r quality in 1.1k. -area? 3. WATER. Will the proposal rest_!- a. Changes in currents, or tle, of water movements, in eithEi waters? b. Changes in absorption rates, or the rate and amount of !;,.i c. Alterations to the course c waters? srs 2 0f lia r [ n,, rai la4;e ace rrin ;cw direction X r fresh patterns, X 1 ,od d. Change in the amount of st..: j it-er i i any water body? e. Discharge into surface water: or in ny )( alteration of surface water cli,y, ncluding but not limited to temper<et :, , , :l i s >o? v,�d oxygen or turbidity? f. Alteration of the direction ra.:e c }! Flow of ground waters? -- g. Change in the quantity of gi, „1d aaL.eis, either through direct additions cr ,. thdrawais, or through .interception of ar fr_ y c,.its or excavations? h. Degradation of ground watt : - _I i ::y ' X i. Substantial reduction in th, !cou it o! _ otherwise available for pu.h wa::_er ups plies? j. Exposure of people or prope!t to w.it-r related hazards r ;uch as, f looding k 1 'a 1 w iv s YES MAYBE NO 4. PLANT LIFE. Will the proposa'. uit a. Changes in the diversity of ecie.!� c number of any species of plants (incl.,, ng tr_E;, shrubs, grass, crops, and aquatic b. Reduction of the numbers z ,rnigi , rare or endangered species of plant C. Introduction of new species plants into an area, Y_ or in a loarrier to the noi-,rn r«-- p'lenj: hment of existing species? d. Reduction in acreage of arty rrcultr: a1 crop? X 5. ANIMAL LIFE. Will the proposal sult it a. Change in the diversity of ;l cies or numbers of X any species of animals (bir,::r land animals including reptiles, fish ,iii ht l if ish, benthic organisms or insects)? b. Restrict the range of or ot;it- wise if ° ect any X rare or endangered animal s,p� ics? C. Introduct=ion of new ,Inim31:. into an X area, or result in a barr the Tilgration or movement of animals? d. Deterioration to existing t � i.r wil[life habitat? 6. NOISE. Will the proposal result n: a. Increases in existing nose>1 X b. Exposure of people to sever Is4 ieNels? 7. LIGHT AND GLARE, kill the props pr.o(3uc e new light or glare? 8. LAND USE. Will the proposal ,e_. ii . ubstantial alteration o the present or 11.ind use of an area? 9. NATURAL RESOURCES. Will the j,ri,; sal rest It in: a. Increase in the rate of u: o role naturtil x resource,? b. Substantial depletion of <n�. )nr nrw�b1.e �( resource' 10. RISK OF UPSET. Will the propo�,, a. A risk of an explosion or t. substances (including, bi.t. pestic.es, chemical or T,' c of an accident or upset nor (° 11. POPULATION. Will the proposal <1 distribution, density or growt! population of an area? 12. HOUSING. Will the proposal ai:c or create a demand for addition,, 13. TRANSPORTATION /CIRCULATION. W I in: n 7 Lv re l -eas of hazardous l unit_3 to, oil, it i )n'; i : he event :.10 1S ter the location, to or the human e cistins; housing, ho is in ? t h,� pro posal result a. Generation of substantial r;(i iti�)nal vehicular movement? b. Effects on existing parkin, c':it_s or demand for new parking? C. Substantial impact upon e:c_: n�; t_a,sportation systems' - d. Alterations to present p,� t l , i� rculation o- movement of people and /oi ,� e. Alterations to waterborne., r 1 ,r air traffic? f. Increase in traffic hazards motor vehicles, bicyclists or pedestrian` 14. PUBLIC SERVICES. Will the pro,, 11 ha�-e an effect upon, or result in a need for r, C,!- su t _ rc,d governmental servies in any areas a. Fire protection? b. Police protection? C. Schools., d. Parks or other recreation,::' ,c i i. e. Other governmental. service °: 15. ENERGY. Will the proposal r(,:,i i a. Use of substantial amount , f�i(,l o- cnergy? YES MAYBE NO X L X X X X X X- X a. Affect possible unknown a-(, ) cf, c ccr historic- al sites? b. Result in destruction or il: a; ion c a known archaeological or histori :.{ i°( the vici-nity of tho project? C. Result in destruction or al_ a,iori c a known X archaeological or histori .:'. i' c ner - the vicinity of thy, project? YES MAYBE NO b. Substantial increase in demat upon e:;isting sources X of energy or require the de,_'( �)pment i f new sources of energy? 16. UTILITIES. Will the proposal r: i_t it need for ned systems, or substantial alterat ;;k 1'ollc win,y utilities: a. Power or natural gas? b. Communications system? c. Water? �( d. Sewer or septic tanks? X e. Storm water drainage? X f. Solid waste and disposal? X g. Street lighting annexation ii?/or improvements? 1 Ix 17. HUMAN HEALTH. Wii.l the proposa e2 <ult i!i: a. Creation of any health haza- of potential health X hazard (excluding mental he n, ? b. Exposure of people to potion 1 healt'x hazards? X 18. AESTHETICS. Will the proposal :, u'.t in the obstruc— X_ tion of any scenic vista or view per; to °:he public, or will the proposal result in : i.reatdon of an aesthetically offensive site )p,, _ publ'c view? 19. RECREATION. Will the proposati - u t 'n in impact upon the quality or quantity )f L tiis,,r ecreational opportunities? 20. ARCHAEOLOGICAL /HISTORICAL. Wi! ;1,. VFJT sal: a. Affect possible unknown a-(, ) cf, c ccr historic- al sites? b. Result in destruction or il: a; ion c a known archaeological or histori :.{ i°( the vici-nity of tho project? C. Result in destruction or al_ a,iori c a known X archaeological or histori .:'. i' c ner - the vicinity of thy, project? YES MAYBE NO 21. MANDATORY FINDINGS OF SIGNIFICANCI. a. Does the project have the poten ial to degrade the quality of the environment, 3ub3tantially reduce the habitat of a fist of ws l it Lf t species, cause a fish or wildlife pop l< icr t a t rop below self -- sustaining levels, t r( atcq o eliminate a plant or anima; &"I unit'. educe. the number or restrict the i AA, 4 -f , i ;re or endangered plant or animal "r iminntt important examples of the major perioa, W history or prehistory? -- — b. Does Does the project have the p"t- 1 1 1chieve short -- term, to the disadvan' n j Yh n;, term, environmental goals? (A shoi 1 errs .MP u. t on the environment is one whic> ur: n r relatively brief, definitive ? 0t f nime while long -- term impacts will u f into the future.) -- — C. Does the project have impact: QQi tr individu- ally limited, but cumulativEl' on:,ideiable? (A project may impact on tuo un .e s, pirate resources where ;:::pact on . a s Wye 1� relatively small, but wher_� 1 c t_ , r t. of the total of those i npacts on : f: significant.) -- — d. Dons the project have envir o-i nt a l of ' ects which will cause substantial 'vni nn c Wets on human l,eings, either dive v t r is Arectly. III. DISCUSSION OF ENVIRONMENTAL EV"! JN Refer to Attachment ;. IV. DETERMINATION. On the basis of this initial eyes t:cn - -- In conformance with Section1500 tle Stite EIR Guidelines, I find with certainity th.it the proposal woui i o- h vf n significant impact on the environment. I find the proposed project is :Avl y exempt pursuant to class I find the proposed project COULI, aOT Have a significant effect on the environment, and a NEGATIVF 1A, ;I.ARATIO'v should bc. prepared. _ I find that although the proposed" reject could have a significant effect on the environment, there V 111 not `:ie a significant effect in this case because the mitigaticn , ar,urk,:;, described on an attached sheet could be applied to the pri, 'tTTIGATED NEGATIVE DECLARATION SHOULD BE' PREPARED. _ I find proposed project MAY have Jg-iifi,.ant effect on the environment, ,.nd an ENVIRONMENTAL RI PORT is required. _ I find proposed project MAY have ,ig iiw ii ant:. effect on the environment, :end an ADDENDUM tc , iat'. .ertified Environmental Impact Report is required. I find the proposed project MAY h< e a significant effect on the environment, and this effect i:= :ic quately addressed in a certified Environmental. Impact Report, ard t u�- SliBSI'QUENT USE of the existing EIR is required. G. Deborah S. Traffenstedt Senior Planner Case No.: GPA88-- 1A /Z88 -2A Applicant: Joseph Latunski Staff Contact: Deborah Traffenstont Senior Planner Attachmerrt cc I n i t a 1 Study DISCUSSION OF ENI RONIENTAL EVALUATION EART1 la-1f. The proposed amendment t. would not result in: a) Unstable en substructures; b) Disruptions, disl the soil; c) Change in topography destruction, covering or modific.at features; e) Any increase in wind off the site; or f;)Modification However, approval of the request., w subsequent approval of a parcel development and associated lot. anticipated as site grading would i map and issuance of a zone deal& Standard parcel map conditions ,t plan for review and approval, regal to take place during the ra.n� landscaping of all graded slop" grading. Grading associated wi structures would be reviewed prior taw and use designation and rezoning t_h :orrd i t ions or in changes to geologic acameuts, compaction or overcovering of >r r"und surface relief features; The >n o f m y unique geologic or physical w itor erosion of soils, either on or f t c hrrnne I of a river or stream. Vw a parcel map to be filed, and +p �­lK allow additional residential icing No significant impacts are r, nwwol prior to approval of a parcel f) ii Wing permit. )pr"v , l require submittal of a grading in crni on control plan if grading is ti;or snn, rnd require hydroseeding or i L i i q 41 days of the completion of a.:t1i construction of residential ; — of a building permit. ig. Based on the City's Safety Elp ,n < oologic or seismic hazards are known to exist m"site or within, f, m We vicinity of the Latunski property. AIR 2a -2d. The proposed General Plan in an inconsistency with the adoPr( Plan. The Ventura County Air Poll the Preparation of Air Quality Im which would emit 13.7 tons per N individually and cumulatively haa, quality. The proposed project woul per year or more of either ROC o- 4 in any substantial change in pop A. mendmen,_ and rezoning would not result Voitww county Air Quality Management ion Ko; trol District's Guidelines for ac• Analyses states that all projects rrc o of either ROC or NOx would a �0 ficant adverse impact on air It in an emission of 13.7 tons °� the proposal would not result WATER 3a -3j. Because no development wow 1e ciirictly permitted by the approval of the proposed General Plan amend3 >�nt trod zone change., no water impacts would result. Any future parc,e map p�>posal would need to include conditions of approval to ensure ha tics degradation of ground water quality would result from subdivi: on of the property. If the subject property is proposed to be subdit del int:> one acre lots, a necessary mitigation measure to minimize watei gii0 ity impacts would be a requirement for the subdivider to provide pul service to each new parcel created. PLANT LIFE 4a -4d. There are no known uniquo, rar,�, o endangered species of plants located on the Latunski property. utur-e subdivision of the project site would result in removal of som, c?f +_hf, existing vegetation on the property; however, no signific.an p ant species would be affected. Existing trees on the property wou', he protected by existing City policy which requires protection or replac nertt „f_ trees with a trunk 4 inches in diameter or greater. New plants ii he introduced into the area if the property is subsequently subdividrt ilr �> r, the existing vegetation on the property is substantially non- , ANIMAL LIFE 5a -5d. The proposal is not exl e> t rf ,u,I t in any impacts to animal species. NOISE 6a -6b. No significant increase proposal, and no increased exposur result. LIGHT AND GLARE tcisr- levels would result from the F to severe noise levels would 7. Subsequent subdivision of the pr l>er -a.y wool d result in the introduction of new lighting and glare. Coed ..i)tts approval would need to be included for any future parcel map minimize cumulative light and glare impacts from increased residentiro LAND USE 8. While the requested General F'l.r amcandme tit /zone change would result in an alteration of the present and pl�1111t'd k1116 Lase of the area and would be inconsistent with several General an i,o;il,; and policies, the potential change in land use is not viewed 3s tnnte,iI" due to the limited number of new lots whic1l could be create,i i,rcl.,csal is approved. NATURAL RESOURCES 9a -9b. The proposal would not -es <ir, increase in the rate of use of any natural resources, nor woule ". st;'t n substantial depletion of any nonrenewable resource. RISK OF UPSET 10. The proposal would not result. n rn in xeased risk of an explosion or the release of hazardous substance. POPULATION 11. If the requested General P to amendment /zone change is approved, the Latunski property could be subs ! v iced into one acre 'Lots, with all of the surrounding properties requir,d to be five acre lots or greater. Approval of the proposal may, there >r, '­o growth inducing. The proposal could result in an ri .eriit.ion i)f the location of the human population in Moorpark; however, a� t6e to�tdA size of the subject property is only 4.12 acres, only a minor (:�i g n, pq)tilation would result. HOUSING 12. The proposal could result e- ,icid _ional housing units. TRANSPORTATION /CIRCULATION 12a -12f. A Focused Traffic Stue;, w,ts completed by the City Traffic Engineer for the Latunski proposal. I'h - Oictusion of that study was that the proposed General Plan amendmei acrd zone change would result in an insignificant impact to the traffic r_irc.itiai_ ion system within the City of Moorpark. That report: did not, how( ell, tina €.yze circulation issues related to a future subdivision of the prop rt.y Ci.,rrently access to the property is from a private, unimproved ron� which connects to Casey Road. The private access road is approximat(, 1,poo feet long. It is considered poor planning for fire protection E>urpuscr to increase the density of development where there is a long-,It, ,ki cnci i -ad over 800 feet in length and no second access to a property. A!iy fist ii,, ubdi.vision Rroposal would need to include a second emergency ac(,!(­; -!- roperty. Another access problem is at t,,e Canyon Road. The alignment of Walrn problem at the Casey Road intersel property would require furthei necessary developer contributions Road /Walnut Canyon Road intersects , �tc�� sect ion of Casey Road and Walnut ;.uiv or Road creates a sight distance my future -� subdivision of the ttfi� mpact analysis to determine >1 1­(,,i 'ci improvements to the Casey PUBLIC SERVICES 14a -14e. The proposal would not 1<< significant effect upon or result in a need for new or altered gov�Inment =al services due to the limited number of residential structures i, ich fould ultimately be constructed. However, conditions of approval ma4 Fz refu red for any future parcel map to ensure adequate fire protecticra w lots created. ENERGY 15. The proposal would not result UTILITIES an; tiulstantial change in energy use. 16. No substantial alterations to tilit:ies would result. The proposal could result in a need for new extesions for water and sewer service. No problem with accommodating the few a,idittonal hookups to existing water and sewer facilities is expected. Necisary storm water drainage facilities would be analyzed in conjunction wit ant future parcel map submittal. HUMAN HEALTH 17a -17b. The proposal would not res It rt a,iy health hazard or exposure of people to potential health hazards. AESTHETICS 18. The project site is screened f- >m view from all major roadways and is surrounded by undeveloped property, therefcre, no visual impact would be expected from additional residential levol�pment. The project site is at a lower elevation than the 'land to tlic- o-,h. east, and west. RECREATION 19. A Quimby fee would be require or any future parcel map proposal; therefore, no impact on parks car rf,( i oit i onal opportunities would be expected. ARCHAEOLOGICAL /HISTORICAL 20a -20c. There are no known arch o'cgECr or historical sites on the project site. Because the site liar, of-it dig, urbed by existing residential development, no sites are expected. MANDATORY FINDINGS OF SIGNIFICANCE; 21a -21d. The "No" responses M� 1) 1� i ri the answers to Checklist Questions numbered 1 -20. CITY (i1 +)i)i��?'E ",R1�: DEPARTMENT OF U_ __'1 Y DEVELOPMENT ENVIRONMENTAL INFORMATION FORM (To Be Complet-i By Applicant) Date Filed 10 - 2 7 - F'��� General Information I. Name and address of developer or p,, -)ject sponsor: no r n k C i Cc.r � A, .; . S= ,� �Lp b 2. Address of project: 2.89 Assessor's Block and Lot Number: 3. Name, address, and telephone number of person to be contacted concerning this project: �ct�ricf� �c� �Z0-5) .52-? J 4. Indicate number of the permit, application for the project to which this form pertains: G P)c1 - f (�!,_ 2, � E1 5. List and describe any other related permits and other public approvals required for this project, including thos required by city, regional, state and federal agencies: 6. Existing zoning district: R F - x 7. Proposed use of site (Project for w°,ich this form is filed): Project Description 8. Site size. 4, 12- ac 9. Square footage. 10. Number of floors of construction„ V) 11. Amount of off - street parking provid, Yi. AL.Irl 12. Attach plans. Rcsre.- to (occ. r 13. Proposed scheduling. 14. Associated project. AY) 15. Anticipated incremental development: 16. If residential, include the number oaf` sale prices or rents, and type ; I r r, c A, 4S , f remits, :schedule of unit sizes, range household size expected. 17. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales o ea, and load ;.g facilities. MA 18. If industrial, indicate type, estinkktod employment per shift, and loading facilities. A),q 19. If institutional, indicate the maj,�r function, estimated employment per shift, estimated occupancy, loadi ,sg facilities, and ccxmiunity benefits to. be derived frcAn the project. MC) 20. If the project involves a varian e, conditional use or rezoning applica- tion, state this and indicate clearly why the application is required. �ro�cc� ir,vv� ✓cs ca- .reoc7r -Y� .:� �r�_5c rc C�n9��t�r.cc� ivit}� G�r,�rc�l P/ Are the following items applicable to'tho project or its effects? Discuss below all items checked yes (attach additional sheets as necessary) . Yes No 21. Change in existing features of any -gays, tidelands, beaches, 2. 29. or hills, or substantial alteration of ground contours. 22. Change in scenic views or vistas fr)m existing residential 30. areas or public lands or roads. services (police, X 23. Change in pattern, scale or character of general area of —' 31. project. Vr0ffn ­—J cJ-,a rq e LyJ. c f� ° cc�� +_ :A1 •. — ZOlilr'1Q • S�.TTOUnpinc] prJOO�r � -.r.., -solid ��7r� C3. 7'C Zor-i�d /1�" L1G.• 24. Significant amounts of wa_stc� )r litter. X 25. Change in dust, ash, smoke, fumes c; odors '.n vicinity.. 26. Change in ocean, bay, lake, stream ar ground water quality or X quantity, or alteration of existtnf-° drainage patterns. 27. Substantial change in existing noi.:, or vibration levels in X - . the vicinity. 28. Site on filled land or on slope of .0 percent or more. X 29. Use of disposal of potentially hazardous materials, such as toxic substances, flammables or explosives. 30. Substantial change in demand for ntiricipal services (police, X fire, water, sewage, etc.). —' 31. Substantially increase fossil fuel onsumptt_on (electricity, oil, natural gas, etc.). 32. Relationship to a larger project on series of projects. Environmental Setting 33. Describe the project site as it exi ?ts before the project, including infor- mation on topography, soil stabi.lit,,, plants and animals, and any cultural, historical or scenic aspects. E scribe any existing structures on the site, and the use of the stru, .ures. Attach photographs of the site. Snapshots or polaroid photos wi bc, <icc; opted . 34. Describe the surrounding propertLes, inciuding information on plants and animals and any cultural, historical or scenic aspects. Indicate the type mn of land use (residential, comer-ial, etc:.), intensity of land use (one - family, apartment houses, sho,;)s, department stores, etc.), and scale of development ('cieight, frontage !,et-- b-tck, rear yard, etc.) . Attach Photographs of the vicini_t,, ; i \� - Lo 36 PV ILI - \ �l 1 � x LLL - t��--t�•s��y�♦ • 1 t • • • s • !� }!"•�� -r♦-y� l l}�i�- �1t- �+s{�•y ♦Y + ♦ • jT• {''1Y �+_T + +L- 1- 1-tv.1 i+. - ��� - {'YTT '�1 • i + } +�+J -.+_ ._._1~ _.Y_ �� Y .� _ y'1 F14' �- }`.-n' ;tom tea- _{ �'/�� •� - �- �-Y f�.. -1-i Y-�.�� � _� � - 1 - , J r y t— T _ Ii IJr ( � } � v T V FV ER _T — y i A vk r T o f 2M +.k 179 --• T LOCATION MAP GPA -88 -1 A /Z -88 -2 (No Scale) �I 1 \ 5a RA – 1 Q - -- -_ -- - - -- - -, > =cam — - -- - - - - -- 0-�<Prpject Site �(R 0 —–' Rm 5 ac AC Ly 1 — RE i r 1TTU . FFP M -2 c.. i If M -1 - IRPD -15u cpb -- _. H -1 -13 J _ PD r�1— RPO UE rte ~ .9 1 - - - — t7 F-, r SURROUNDING ZONING GPA -88•- 1 A / Z -88 -2A (No Scale) EXHIBIT 2 1 y RUF•, .L OPEN SPACE Tnl. Plan (.opl It pert of 1M C.n.rdi plan odppl.d punuenf h Ploanind La. of the Slat. of Cohtornia, pa..,.d by raolu lr ael Pronn,np Ca—.Uan on 12 -17 -79 and IN. Boord of Sup.r•, Of v9nl Yon �12 -M -79- )cord svoo V 0"' c"""an ►�annlnd Commlulon, Ireton Ventura County 1 Resource PHASING SCHEDULE FOR Management Agency h100RPARK AREA PLAN REZONIN EXHIBIT 3 '1CORF APti AREA PL;,,, REZCNE PHASE. V Z -2688 Subarea Existing Zone -- - ---- -_ Proposed Zone 1 A -E 2 P -E -lAc R -E- SAc 3 R- '-!Ac, R -E A -E 4 R -E, -20 R -E -lAc A -E 6 -E - lAc R -E -SAc -E- 20Ac R -E -SAc 8 E -2 SAc, R. -E -SAc, R- E. -lAc R- A -10Ac 9 -- �nA.,: , F. P:' RPD -20U R -E -SAc 10 �i C -20U 11 R -F_- SAc A -E 12 E `;qr ,- A -2Ac, R -A -lAc A -E 13 "---SAC A -E 14 _`..._Ttc R- A -lOAc E:,:1 7 1 ':': "2" of Ordinance SE.SCR'S PARCEL LST r4 Rezone (Fhase V) AssesSorls e Proposed Zcne (Sub3rca c A-E Subarea 500--5c, c 500 -250 F.-E- lAc 5 A c 500- R E-5Ac 500-2 0 ,,c 5 A c 500 -330 c F-SAc 500-330 R-E-SAc 500-11 30 1, A c R-E-5Ac 500 -3 >0 F, E-!Ac R-E-5Ac R-F-5Ac (Subarea 3) 500-30• R----]Ac 500-330- R-E - lAc A-E 500-330 - F---- lAc A-E 500 -3. >0 R -E A-E 500-31+0- P-E-lAc, R-E A-E 500-3�,O- R-E-lAc, R-E. A-E A-E (Subarea 4) 511-010-,' R-E-20 511-010 -, R-E-20 R-E-lAc 511-0i0• - R-E-20 R-E-lAc 511 -010 -. R r._ 20 R-E-lAc 511-Oic)- R-E-20 R-E-lAc 511-010- R-E-20 R-E-lAc 511-010- R-E-20 R-E-lAc 511 -01C- R-E-20 R-E-lAc 511-010-, R-E-20 R-E-lAc 511-0l0- R-E-20 R-E-lAc 511-010- R-R-20 R-E-:Ac 511-0110- R-E-20 R-E-lAc 511-010- R-E-20 R-E-lAc 511-010- , R-E-20 R-E-lAc 51:-0:)- R-E-20 R-E-lAc R-E-20 R-E-lAc R-E-20 R-E-lAc 511-07)- R-E-20 R-E-lAc R-E-lAc (Subarea 5) 5 11-02�)-, R-E-lAc, R-E 511-02)— R-E A-E A-E (Subarea 6) 500-26o-( R-R-iAc , SOO-26o- R-E-lAc R-E-5Ac 500-27(,- R-E-lAc R-E-5Ac 500-27C,- R-E-lAc R-E-SAc R-E-lAc R-E-SAc R-E-lAc R-E-5Ac 511-04(-, R-E-lAc R-E-5Ac R-E-3Ac ,R-!:-5Ac (,Subarea 7) 500-231 - R"'-20Ac '100-23— R"'-20Ac R-E-5Ac SOG-23r'' R-E-20Ac I-E-,`)Ac R-E-20Ac R-E-S. R-E-5Ac (Subare., 8) 500-240 -i, R-L-5Ac 500- 24G -G" R-E-SAc R-A-IOAc 500-240-C R-E-5Ac R-A-IDAc 500-240 -; R-E-5Ac R-A-IOAc 500-24o- R-E-5A(- R-A-IOAc 500-270-, R-E-20Ac R-A-:OAc 500-270-C R-E-lAc R-A-10Ac 500-270—, R-F.-5Ac R-A-IOAc 500-2710 -. R-L-SAc R-A-IOAc 500-270-: R-E-5Ac R-A-IDAc 500-270-: R-F-20Ac, R -E-lAc R-A-IOAc R-A-10Ac )CO-27C R-1 - jA( . R -E- lAr I OA, nr 1sscS:or's Parcel loorpirk Rezone P�Re %.O Assessor e,;o Snlne: cj 512 512 -1i�: .J 12-1; 5i2 -O._1 5i2 -0 .0 512 -it,0- 512-1t.0- 512 -1t 0- , �u 512 -1f,0- 572 -1f,(, 512 -1 r. ( +- ' (Subarea 10) 512 -0':C (Subarea 11) 500-2-,C- (Subarea 12) 500 -21G 500 -21C 500- 210 - 500- 211 - 500 -21) 500 -21) 500- 2l) -,i 500-21)- 500 -2'. )- 500-21) - 500 -'2: (Subarea 13) 500-211, - (Subarea 14) 500 -16(, 500 -16(, 502- 05(- -(, 502 - 05(-1' 502-05(-,, i 502-05(--i 502 -05(- 502- 05( -:,. 502 -050-. 502-050 502 -0.5 RA /E1`.i F.xistinr Zone Proposed -cne R -A -lAc R -E -SAc - 1 -:'OAv I,-E -SAc ::- i -20Av R -E -5Ac i- 1 -2OAv R -E -5Ac %-'-'OAv, R- P -D -20U -E -5Ac F. -P -li -20'1) P, -E -5Ac F -P -D- -5Ac R- P- D -20(:, ,R- P -D -5U R -E -5Ac R- P -D -5U R -E -SAc R- P -D-5U R-E-5Ac F- P -D -SU R -E -5Ac R- P -D -SU R -E -SAc R -0-D -2011 R -E -5Ac R -P -E -201' R -E -SAc R-E -IAc R -E -5Ac F- 1 -20Av R -E -SAc R -E -lAc R -E -5Ac R-E -1Ac R -E -5Ac R -E -lAc R -E -5Ac R- F. -lAc R -E -5Ac R- P -D -20U R -E -]Ac R -E -SAc A -E R -E -5Ac A -E R -A -lAc A -E R -A -lAc A-E R -A -2Ac A -E R -A -lAc A -E R -A -lAc A -E R -A -2Ac A -E R -A -2Ac A -E R-A -2Ac A -E R -A -2Ac A -E R -A- -2Ac A-E R -E -5Ac A-E R -E -5Ac R- A -IOAc R -E -5Ac R- A -10Ac R -E -5Ac R- A -IOAc R -E -5Ac R- A -10Ac R -E -5Ac R- A -IOAc R-E -5Ac R- A -IOAc R -F. -5Ac R- A -IOAc R -F. -5Ac R- A -IOAc R -E -5Ac R- A -IOAc R -E -5Ac R- A -l0Ac R -E-SAc R- A -lOAc R -A- 110Ac I L 2 441 If— —4 _CW I J/ .. . . .......... 12111111131113111 nor or j7 �1 :zr . X: pp /7 . ... ....... J: 3• -11' so - : q 7 IIJ W-1 R ANCHO: jM1, ti 2 GN1 —T 2 N k 10 77 7 all 1111111 46 2 re P 60 31 0 -C A's Ventura County Resource PROPOSED REZONING ------ Management 4Ph I All ?a - i : ; LOST ki E ES AVE2 Agency PHASE 7 Z-2688 ELOISE BROWN Mayor BERNARDO M. PEREZ Mayor Pro Tern CLINT HARPER, Ph. D. Councilmember PAUL LAWRASON Councilmember SCOTT MONTGOMERY Councilmember RICHARD T. HARE City Treasurer To: From: Date: Subject: MOORPARK EttHIeir IF MEMORANDUM Pat Richards, Direct of C(_mmunity Development Mark Wessel, City Tr November 13, 1989 f i , E°-gineer �1 S [ti) GPA -88 -1A AND Z- 88--21' (LATUNSKI) FOCUSED TRAFFIC STUD" This focused traffic study wa: prepazed in conjunction with the General Plan Amendment (GPA- fa -lA) and Zone Change (Z- 88 -2A) requested for the Latunski property. The proximity of the Latunski property to the possible extei, ;ion of the Route 118 Freeway is identified, traffic generati -i volumes for proposed versus currently approved land uses art quantified, and cumulative traffic analyses from a recent traff]..(" .tudy ,ire summarized. As shown in Exhibit "A ", t; approximately 1,800 feet north of Walnut Creek Road. The pr.ol 260 -06) totals 4.12 acres and Road. However, it is import,_,; legal access to the Latunski � �. Latunski property is located Df Casey Road and 1,500 feet west ,rt'F (Assessors Parcel Number 500 - i; currently accessed from Casey to that there is no known ,p. -t Y As shown in Exhibit "B ", the prc,:osed f it:.ure extension of the Route 118 Freeway will pass just_ ot.it h the Latunski property. Consequently, the current acre s roadway would be. eliminated and an alternative access roadway, � u 1,i hiive to be established. — RECEIVED _ NOV i 4 1989 City of Moorpark r. .... _ F „venu. ��, ... -- - - (,'95) 529-6864 - -�.� STEVEN KUENY a City Manager CHERYL J. KANE .`{ { P City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development - -- R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police MEMORANDUM Pat Richards, Direct of C(_mmunity Development Mark Wessel, City Tr November 13, 1989 f i , E°-gineer �1 S [ti) GPA -88 -1A AND Z- 88--21' (LATUNSKI) FOCUSED TRAFFIC STUD" This focused traffic study wa: prepazed in conjunction with the General Plan Amendment (GPA- fa -lA) and Zone Change (Z- 88 -2A) requested for the Latunski property. The proximity of the Latunski property to the possible extei, ;ion of the Route 118 Freeway is identified, traffic generati -i volumes for proposed versus currently approved land uses art quantified, and cumulative traffic analyses from a recent traff]..(" .tudy ,ire summarized. As shown in Exhibit "A ", t; approximately 1,800 feet north of Walnut Creek Road. The pr.ol 260 -06) totals 4.12 acres and Road. However, it is import,_,; legal access to the Latunski � �. Latunski property is located Df Casey Road and 1,500 feet west ,rt'F (Assessors Parcel Number 500 - i; currently accessed from Casey to that there is no known ,p. -t Y As shown in Exhibit "B ", the prc,:osed f it:.ure extension of the Route 118 Freeway will pass just_ ot.it h the Latunski property. Consequently, the current acre s roadway would be. eliminated and an alternative access roadway, � u 1,i hiive to be established. — RECEIVED _ NOV i 4 1989 City of Moorpark r. .... _ F „venu. ��, ... -- - - (,'95) 529-6864 November 13, 1989 Page 2 The requested General Plan Land A;,,endment. (GPA- 88 -1A) is from land use description Residential Rura Low (> acre /du) to Residential Rural High (1 acre /du) and the RE'quested :Zone Change (Z- 88 -2A) is from RE -5 acre to RE -1 acre. There is currently one dwelling unit on the Latunski property; therefore, a maximum of three additional dwelling units could ultimately b, constructed if the General Plan Amendment and Zone Change are af)J - cv' ?c]i Traffic generation volumes for the proposed versus currently approved land uses are shown i Exhibit "C". It is readily apparent from the exhibit that: t,e additional traffic that could be generated as a result of the equested General. Plan Amendment and Zone Change would be insignifi ant. Consequently, because only 3 additional morning peak hour tr PS and only 4 additional evening peak hour trips could be genE�r3tf?d, o intersection level of service analyses were deemed Cumulative traffic analyses from ne of the most recently approved traffic studies are summarized in Ixhibits "D ", "E" and "F ". These exhibits reflect projected concf i'� Dns an(] kevels of service at four critical intersections within --.. cit.; :,. Exhibit "D" shows total future (1993 ) traffic den, a r. #r Ex ibi t "E" shows future intersection levels of service, and Exhibit "F" shows assumed cumulative improvements at the "( r :r it :ic :al intersections. In conclusion, the proposed Gerier,L Flan Amendment (GPA- 88 -1A) and Zone Change (Z- 88 -2A) would res,r in an insignificant impact to the traffic circulation system within the City of Moorpark. However, the lack of legal acce . t) t thcr ] -latunski property should be addressed. copy: Steve Kueny, City Mana(lor R. Dennis Delzeit, City Engineer John F. Knipe, Assistanr_ City Engineer Jim Biega, Project Engi�ee- Chris Lynch, Associate ngineer- MSW:JB:ts 01745/3001 AM01363.MEM (WP) T 14 5' 7 r P I I II =�' ATUNSKI PROPERTY ......... :ROUTE 118, FREEWAY II II II R II 2 _oQOS�o Q�' ppp_ L O D Fl UNION HIGH S C H 0 0 • a• a• . . . . a• . 36 Pm "? aS -7-TF-F (NOT EXACT) )IrrC ---------- L ,,<E u 5 D. N.T.S 5 MR 18 '1/2 r7, -/I- 7 P4 i HL il E 'd Ella li M r 7 a L . . . . . . . . . . . Vl:qT VUILE 11 TLA Wft0EITrj 40LN 25 1 W I I TIA I \Fmcc 12,1 Hoo 1 1 17 T77 17 9 EXHIBIT B t4 a- ¢I 21 POI DEXJER C H004 Vl:qT VUILE 11 TLA Wft0EITrj 40LN 25 1 W I I TIA I \Fmcc 12,1 Hoo 1 1 17 T77 17 9 EXHIBIT B LAND USE DESCRIPTION Single Family Dwelling Unit T.Ann TT -qP Proposed (4 du) Current (1 du) Additional Traffic TRAFFIC GENERATION FACTORS AM PEAK HOUR_.. IN OUT ? 'TAIL 27% 7306 i 00 PM PEAK HOUR IN OUT TOTAL ADT 63% 37% 1.25 12.5 TRAFFIC GENERA'T'ION VOLUMES FOR PROPOSED VERSUS CURRENTLY APPROVED LAND USES AM PEAK HOUP _ PM PEAK HOUR IN OUT "I TAL IN OUT TOTAL ADT 1 3 4 3 2 5 50 0 1 1 1 0 1 13 1 2 3 2 2 4 37 Source: Institute of TransportatioT Engineers (ITE) Trip GenerationL Fourth F.c' do n. EXHIBIT C y \ m W Al 13 Rd. o 0 on 01 a"1- n x C) j 240/470 1100/1280 ITJ ti Nigh S1, 14100 A L.A. Ave. 5/20 395/ 570 b 70/130- - �c° H n y 00 \ H � O N O O "Cl x n H d �A C 1 co U co N4 I 1 W Gabber! Rd 1� goo �I 4i n ° ��— 1 32,2001 1 1 1 60/40 L.A. / t 4 -- 920 /1380 2 ^5/575 A ve �—_ v (S R ,,a) 90,70 —� 1150/1165 - -f- 14 r 155/245 m�v O O ')m O w N N V Tierra Ri/odo Rd, TMA Lam, NO SCA" Sprinp Rd. o 0 on 01 a"1- n 65/105 j 240/470 1100/1280 f s :65 /8r," Nigh S1, 14100 A L.A. Ave. 5/20 395/ 570 (S. R. / /B) 70/130- - �c° r �m� 00 \ tivo M O N ,14w,pork Ave r— Y7 \ hn 200/405 1235/1555 30/80 - - -� r N N O n-n n LEGEND • 00 /" Abl /PM Peak Flow Tralfit Yoluara r0001 Daily Traffic Volume �'' v 1 f s :65 /8r," New L.A. Ave 675/740--) 715 /665 —+r- 26,900 255/495 11 r-m- �� O \ O O O O mo N v 0 TOTAL S=UTURE (1993) TRAFFIC DEMANDS TaGle L FUTURE VOLUME/ (:A i' A C= RELA rI ONSHIPS Study Intersection Spring Road & Los Angeles Avenue /New Los Angeles Avenue Los Angeles Avenue &-Moorpark Avenue Los Angeles Avenue & Tierra Rejada Road/ Gabbert Road Spring Road & High Street /Los Angeles Avenue EXCERPT FROM IPD -88 -3 TRAFFIC IMPACT STUDY (TMA, 6/16/89) F-ak ,.oc Exi °sing Plus Sit Traffic i �i J. 94/E '! 1.00 /E s 0.62/B ).54/A �! ).66 /B 0.67/B 0.53/A " -z'5 /A '. J.66 /B "! 0.79 /C V/C - LOS Values 1993 Traffic Conditions Without With Site Traffic I Site Traffic 1.03 /F 1.03 /F 1.16 /F 1.17 /F 0.62/B 0.62/B 0.83 /D 0.83/D 0.67/B 0.68/B C.73 /C 0.73/C 0.89/D 0.89/D 1,.13 /F 1.13 /F EXHIBIT E 1. � • EXHIBIT a