HomeMy WebLinkAboutAGENDA REPORT 1990 0307 CC REG ITEM 09AMOORPARK ITEM Cr.A•
PAUL W. LAWRASON, Jr. STEVEN KUENY
Mayor o P= �\ City Manager
SCOTT MONTGOMERY z
f '`gyp CHERYL J. KANE
Mayor Pro Tern
�t City Attorney
ELOISE BROWN i 1 PATRICK RICHARDS, A.I.C.P.
Councilmember Director of
CLINT HARPER, Ph.D. Community Development
Councilmember
9�„ `j R. DENNIS DELZEIT
; E� -�
BERNARDO M. PEREZ City Engineer
Councilmember JOHN V. GILLESPIE
LILLIAN KELLERMAN Chief of Police
City Clerk RICHARD T. HARE
City Treasurer
M E M O R A N D U M
TO: The Honorable City coujy.cil
FROM: Patrick J. Richards, Director of Community Development
DATE: February 13, 1990 (CC rneet.ing of 2/21/90)
SUBJECT: APPEAL NO. 90 -1 (J$H DEVELOPMENT)
Request
The applicant is requesting the Council to approve the appeal
regarding the scope of work for a traffic study in the Northwestern
Quadrant of the City for Tract Map No. 4620 (Attachment 1). The
City required the applicant to conduct the extented traffic study
before determination of application completeness.
Background
On January 3, 1990, the application for Vesting Tentative Tract No.
4620 was deemed incomplete by the City in part because the City
required a traffic study that was more extensive in scope than what
was submitted by the applicant, In view of the lack of current
information on circulation and traffic flow in the Northwestern
Quandrant of the City where the project. site is located, and to
obtain a broad perspective of t:.hb.y potential traffic impacts that
would be generated by this P "o,;ject on existing and future
developments in that area, t:h.�: City required this proposed
subdivision and other proposed su.b.divisions in the vicinity of the
project site to conduct a trafl`.ir: study for the Northwestern
Quadrant. On February 2, 1990„ t::.he applicant filed an appeal
regarding the scope of work fcr—!,ie traffic study (attachment 2).
Discussion
As one of the grounds for appeal the applicant claimed that the
City's requirement of a traffic study is too excessive and cited
Nolan v Coastal Commission as thc: legal precedence. Further, the
applicant alleged that there was r - (:,,onnect:ion or nexus between the
799 Moorpark Avenue Moorpark ,alifornla 93021 (805) 529 -6864
project's potential traffic impacts and the City's requirement of
a traffic study.
One of the reasons for requiring a comprehensive study in the
Northwestern Quadrant is to obtain traffic information so that
development occurs in an orderly manner which is sensitive to
constraints imposed by the City's infrastructure. The proposed
scope of work for the traffic study for this project would be
closely linked with the proposed .irculation Element of the General
Plan Update.
The Director believes that there is a reasonable relation between
the burden that would be imposed by the proposed subdivision and
the traffic study requirement. Moreover, the City would satisfy
the following conditions by imposing the traffic study: (1) the
City is acting within its police power in requiring the traffic
study, (2) the condition substantially furthers a legitimate
governmental interest (promoting general and broad public welfare),
(3) the condition furthers the same government purpose advanced for
regulating it, and (4) the owner 4.s not denied economically viable
use of its land.
There is some concern that the proposed subdivision would cause
local and regional ramifications on traffic flow and future
developments in the Community. Thus, the Director believes that
the scope of work for the traffic study should be enforced as
required. However, the Director would defer the decision to the
City Council to (1) determine a new scope of work for the traffic
study in the Northwestern Quadranx. , or ( 2 ) reduce the scope of work
as required for the study,, 'r (3) accept the Director's
recommendation.
Recommended Action
Deny the appeal
Attachment:
1. Moorpark Northwestern Quadrant Circulation Study scope of Work
2. Applicant's appeal
3. Response to Appeal of Traff c Study Scope from Public Works
Department
C t'
MOORPARK NORTHWESTERN QUADRANT
CIRCULATION STUDY S: _'OPE OF WORK
Because very little developmen. has occurred in the
northwestern quadrant of the Cit..y, there is a lack of
current traffic and circulation _rnformat::ion. Any proposed
development in this area will ':.herefore be required to
conduct a thorough Circulation study to provide a broad
prospective of future developmen and associated traffic
impacts. This study must gc ;:)eyond a typical impact
analysis to identify and evaluat alte7- native circulation
system configurations, effects a+ the 1otential Route 118
Freeway extension, and other regional factors. This
information will then enable the C ter to oversee the orderly
development of the area for the greatest- public benefit.
The following specific requiremeTt -e Identified:
1. For the area bounded
Canyon Road, Broadway;
railroad, it will be
evaluate alternative c:
Specific street secti,:Dn.
circulation of pedest.:_.
addressed.
.imes anyon Road, Walnut
and the Southern Pacific
ecessar, to identify and
.rc.ula`.ion master plans.
shoi..ilcl be identified and
gin° �ir,i bicycler_, must be
2. Effects of the possib.L, ft.iture extension of the
Route 1.18 Freeway must:, t:, considered, particularly
with regard to 1 a: circulation system
configuration.
3. With respect to the pe,:ential. Route 118 Freeway
extension, interchange and freeway crossing
locations should be reU(mmende..
4. When evaluating alterna *, -ive circulation layouts,
the potential need for additional railroad grade
crossings and /or grade !oparat�d crossings must be
assessed.
5. The study must address:] alternative alignments of
an east -west collec:to: street between Grimes
Canyon Road and Walnul:: Yanyon Road south of
Broadway. The eva :1uation of alternative
alignments of an east-- wc: >st collector must consider
the potential extension of that collector east of
Walnut Canyon Road. Thc:- 'study must also assess the
potential need for in additional east -west
collector between the R�Ut.E 118 extension and the
Southern Pacific Transpc:ertation Company
right -of -way. This co'- .ector ('7ould consist of the
extension of High Stref- westerly.
ATTACHMENT i
S
It
6. Because traffic flow paiterns along the Walnut
Canyon Road and east -west collector street
corridors may be heavily influenced by area -wide
development, the study must also evaluate the
relative effects of extending Spring Road
northerly to Broadway a,-,d/or c: _-onstruction of a
Route 23 bypass to etitend from the freeway
connection northerly to Eroadwa,x.
7. Effects of northwest quadrant development on 'the
Los Angeles Avenue, Moorpark Avenue, and Spring
Road corridors must 1:,Ee evaluated. Operation of
these corridors must al :so be evaluated for the
existing and cumulative >cenarlos pursuant to the
City's Guidelines f.c.r Preparing Traffic and
Circulation Studies.
8. Right -of -way and construction requirements must be
identified for Casey Road - Rte. 23 improvements
to provide a northbound Left turn lane.
Improvements to Casey Road must also be evaluated
in view of potential (i�,,. =�1 opment, /redevelopment in
the vicinity.
Because the scope of work identif a t d abo�,,e is extensive, it
is recommended that the various developers of parcels in the
affected area cooperate in funding the study and coordinate
their development planning efforts tc,) facilitate the orderly
development of the area.
11 -17 -89
MSW:ls
JN 01065/3003/30705
CMO1086.RPT
t
CITY OF MOORPARK
799 MOORI'ARK AVENUE
MOORPARK CA 93021
A
APPEAL FORM MUST BE FILED W1.`HIN__15 DAYS OF T HE DECISION
To= X City Council
Planning Commission
Cara: February 2, 1990
I hereby appeal the decision of the - 'lanniri Director
January 3l 19 90. -- which was given on
The decision was as follows:
�e Y *- iill_�� 1 i rat i nn fnr ZlACrin� Trar,r
Map No. 4620 to be incomplete
traffic study. cause s f
_ is uir' a
The grounds of appeal are: —� --
See Attachment "A" . (attach additional sheets as needed)
I request that the appropriate decision
- making body take the following action:
Reverse th decision of the P annul nirE, -and to
-he
Vesting Tentative Map No. 4620 to be ca u _ete n
uP o _ compliance with the remaining
items included in a letter with attachn"21 ;scated.january 3 1990 from Senior
Planner Paul Porter.
Name of Appellant: JBH Development Com an Inc.
4035 Thousand Oaks t�oulevard, Suite 120
Address of Appellant: Westlake Vill. �';alifornia 91362
Telephone Number of Appellant;
Is the appellant a party in the applic-,a on.. Ye-2,
filing appeal as an "aggrieved If not, state basis for
4 person",,
Signature of Appellant:
STANLEY E. CO
Attorney for pee ant
A_F ACH'v'j 4= vT Z
APPEAL/CO h1
DFORS
ate: eb r 1990
RECEIPT
Appeal and deposit fee of
Received at
8Y: Community Development Oepa -t f�i t
Signed:
-'kF PEAL „PERIODS
C
a- Appeals of all entitlements, perr;�its and administrative decisions shatl be filed
within 15 calendar days followm< the date of approval conditional
denial or date of the alleged erro *
Section 8111.2)** approval,
b- An appeal of a Planning Commis :ion decision shall be filed within 15
days following the date a decision ,vas rendered. calendar
C. An appeal of an environmental e:ecisron shall be filed within 15 workin
following the date a decision was enderec
g days
**'r If the end of an appeal period fal s upon a wee
be filed by 5:00 p.m. kend or holiday,
on the first, workincz day thereafter.
the appeal must
APPEAUCDDFORMS
C
CITY OF MOORPARK
Land Development Processing Fees D,posit
PERMIT TYPE
Reference No_ Type
NZ -� N'. I o- l
Planning File No.
Processed By:
FEE DEPOSIT
Calculations
r V4 7, b a
Total
Deposit
Amount
Cash
Receipt No. Sa
C
ATTA,:HMENT "All
The grounds of appeil are The requirement for a com-
prehensive traffic study fc zt project of this nature (sixty -
six 5 -acre single family lc °.s can 30 acres) is beyond the
authority of the City pu: s,u :nt: to --he Nollan_ v. Coastal Com-
mission decision in that th- study constitutes an exaction
that has no relation to *.he prclec�. Further, the requirement
was not imposed upon sim-- l a T:,i c- e(."ts previously approved and
there is no basis upon whic tle C,.ty has determined that a
traffic problem in the area )f the proposed project exists or
that the proposed project. a create or exacerbate a known or
suspected problem in the n) quadrant of the City.
PAUL W. LAWRASON, Jr.
Mayor
SCOTT MONTGOMERY
Mayor Pro Tom
ELOISE BROWN
Cauncilmember
CLINT HARPER, Ph.D,
Councilmember
BERNARDO M.PEREZ
Councilmomber
LILLIAN KELLERMAN
City Clerk
To:
From:
Date:
Subject:
MOORPARK
STEVEN KUENY
City Manager
CHERYL J. KANE
City Attorney
PATRICK RICHARDS, A.I.C.P.
Dlrector of
Community Development
R. DENNIS DELZEIT
Cfty Engineer
JOHN V. GILLESP(E
Chief of Police
RICHARD T, HARE
City Treuurar
Pat Richards, Director of Community Development
Mark Wessel, City Traffic Engineer M -514/
February 12, 1990
TRACT 4620 (JBH) APPEAL OF TRAFFIC STUDY SCOPE
It is our understanding that the subject developer has appealed the
traffic study scope of work as required by our December 28, 1989
memo to Winnie Wilson, Associate Planner. In considering how best
to respond to this appeal, we have concluded that the scope of work
itself contains good explanations of why the various tasks are
required. However, the following points are emphasized:
1. The new traffic study must conform to the City's "Guidelines
for Preparing Traffic and Circulation Studies ". This is
standard procedure, and entails a cumulative! City -wide
analysis.
2. The primary reason for developing the extensive scope of work
was to enable staff to gain a broad perspective of circulation
system needs and impacts not only within the project area ► but
in the regions surrounding the project area. Similar
requirements were made of the RPD 88-2 (Bibo), CPD 89 -3
(Liberty Bell Partners), and DP 302 Major Mod (American
Products) development &. Without the necessary information to
provide a broad perspective, the City risks overlooking
factors that.could detract from long range circulation system
effectiveness.
3. The same scope of work will be required of any other
developers in the northwest quadrant that apply between now
and the time this Circulation Element is updated.
ATTACHMENT 3
1
799 Moorpark Avenue Moorpark, Callfornia 93021 (805) 529 -6864
i L
Page -2-
4. Due to the many potential factors affecting circulation, the
required traffic study scope of work is more extensive than
is typical. In fact, some of the traffic study objectives
will be accomplished by the Circulation Element Update work
that is currently underway. Although we would prefer to make
use of the Circulation Element Update to guide development in
this area, staff does not currently have adequate information
with which to process the subject development with confidence.
Thus, staff found it necessary to prepare the traffic study
scope of work required for this development.
copy: Steve Kueny, City Manager
winnie Wilson, Associate Planner
John Knipe, Assistant City Engineer
Chris Lynch, Project Engineer
Patrick Dobbins, Project Engineer
MSW: j g
01065/3009
GMO103.Mem