The URL can be used to link to this page

Home My WebLink AboutAGENDA REPORT 1990 0321 CC REG ITEM 09A� NI�JORPARK `ITEM G-4—ko PAUL 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 TO: FROM: DATE: M E M O R A N D L I M The Honorable City Council 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 Patrick J. Richards, Director of Community February 13, 1990 (CC meeting of 2/21/90) SUBJECT: APPEAL NO. 90 -1 (JBH DEVELOPMENT) Request Development 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 applic:at.on, completeness. Background On January 3, 1990, the application for Vesting Tentative Tract No. 4620 was deemed incomplete by tYi,e 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 �;raff'i.c flow in the Northwestern Quandrant of the City where the project:. site is located, and to obtain a broad perspective of th:� potential traffic impacts that would be generated by this p:-oject on existing and future developments in that area, thi: City required this proposed subdivision and other proposed SLI di,.risions in the vicinity of the project site to conduct a tra;'!'i: steady for the Northwestern Quadrant. On February 2, 1990, the applicant filed an appeal regarding the scope of work for )e t:ratfi.c study (attachment 2). Discussion As one of the grounds for appeal, the applicant claimed that the City's requirement of a traffic ;.tudy is too excessive and cited Nolan v Coastal Commission as th(: legal precedence. Further, the applicant alleged that there was i :) connection or nexus between the 799 Moorpark Avenue Moorpark :,aliforrna ,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 obt-'ain 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 -irr--ulation 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 is 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 Quadrar!., or ;2) reduce the scope of work as required for the study, or �`� 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 Traffic Study Scope from Public Works Department r 6. Because traffic flow pa- .terns along the Walnut Canyon Road and east -west collector street corridors may be heavil }, influenced by area -wide development, the study must also evaluate the relative effects of extending Spring Road northerly to Broadway a_,d /or 7onstruction of a Route 23 bypass to e :•:tend `..rcm the freeway connection northerly to Proadwa,!. 7. Effects of northwest quadrant development on the Los Angeles Avenue, Moorpark Avenue, and Spring Road corridors must be evaluated. Operation of these corridors must al._o be evaluated for the existing and cumulative :cenari.os pursuant to the City's Guidelines for° Preparing Traffic and Circulation Studies. 8. Right -of -way and construction requirements must be identified for Casey Road - Rte. 23 improvements to provide a northb.:Dund Left turn lane. Improvements to Casey Rcad must also be evaluated in view of potential de% �lopment/redevelopment in the vicinity. Because the scope of work identified above is extensive, it is recommended that the various de-el.oper of parcels in the affected area cooperate in funding the study and coordinate their development planning efforts t:; ,,rAc i._I itate the-orderly development of the area. 11 -17 -89 MSW:ls JN 01065/3003/30705 CMO1086.RPT CITY 0 i,IOC 799 MooR( ARK i MOOR PA,RK CA APPEAL FORM MUST BE FILED W i ' .a I N To: X City Council Planning Commission RPAkK C AVENUE c -7C'21. i5 DAYS OF THE DECISION Ca -,3_ February 2, 1990 I hereby appeal the decision of the Iann.irng Director January 31 1990 which was given on — The decision was as follows: De ..,e ail a; 2p fnr V�Srin- Trq (- I- Map No. 4620 to be incomplete Li )art because staf=f is r quiri nQ a traffic study. The grounds of appeal are: ( attacn additional sheets as needed) See Attachment-"A". request that the appropriate decision - snaking body take Reverse the decision of the following action: the P annin� D,r i i for ir�. ( ete iri the � nli �r;on fir Vesting Tentative "ap ";o. 4620 to he cc -i_ Let 2 ,zX,n compliance with the remaining items included in a letter with attach;, lanuary 3 1990 from Senior Planner Paul Porter. Name of Appellant: JBH Developmenr- any Inc. - 4035 Thousand 'aks 3oulevard, Address of Appellant: Westlake Vil1, Suite 120 (L, Cillifornia 91,362 Telephone Number of Appellant: 8C'5' 4_95 -0' +99 Is the appellant a party in the applic.rt:ion? Yt-s filing appeal as an "aggrieved person' — _ — if not, state basis for i Signature of Appellant: SM= E. CC] :I Date: Tebraiary �. 1990 Attorney for P. rc• Lan ATlACJ- J!�,,. -;INj1 7 Z. APPEAVCDDFORhtS c REC--In Appeal and deposit fee of: Received at _ -� n By: Community !Development Dapa', 'er t Signed: _...... Title 1 1Q :A'OEAL PERIODS a- Appeals of all entitlements, perniits and administrative decisions shall be filed within 15 calendar days following the date of approval, conditional approval, denial or date of the alleged erro (((Section 8111.2)*** b- An appeal of a Planning COmm1S pion decision shall be filed within 15 calendar days following the date a decisi «r was rendered. �- An appeal of an environmental ec+sion ;hall be fiied within 15 working days following the data a decision way, enCerec" *** If the end of an appeal perioc, ra is upon a weekend or holida the a be filed by 5 :00 P.m. on the fir;* working day thereafter, y� PPeal must APPEAVCDDFORNIS 1 CITY 01 MOORPARK Land Development Processing Fee I) posit PERMIT TYPE Reference No. Type FEE DEPOSIT Calculations Total Deposit Amount Cash Receipt No. Sa �� A' TAt HME.NT "All The grounds of appe.1 E,,r.e: The requirement for a com- prehensive traffic study f ;o a prc ect of this nature (sixty - six 5 -acre single family to *s cn 3t)o acres) is beyond the authority of the City pursu nt to *:he Nollan v. Coastal Com- mission decision in that the study constitutes an exaction that has no relation to the arc -ec {.. Further, the requirement was not imposed upon similar projects previously approved and there is no basis upon whit ::, ti-:e C:.ty has determined that a traffic problem in the area -)f t::e proposed project exists or that the proposed project 1.4 LI cre,te or exacerbate a known or suspected problem in the no -r;�estern quadrant of the City. PAUL W. LAWRASON, Jr. f Mayor l SCOTT MONTGOMERY Mayor Pro Tom ELOISE BROWN Caunclimember CLINT HARPER, Ph.D. Coundimember BERNARDO M.PEREZ Councilmember LILLIAN KELLERMAN City Clerk To: From: Date: Subject: MOORPARK STEVEN KUENY City Manager CHERYL J. KANE City Attorney PATRICK RICHARDS, A.I.C.P. Dlreator of Community Development R. DENNIS DELZE±IT City Engineer JOHN V. GILLESPIE Chief of Pollco RICHARD T, WARE City Treasurer Pat Richards, Director of Community Development Mark Wessel, City Traffic Engineer M ,5 W 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 ar.d Circulation Studios ". 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) developments. 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 the Circulation Element is updated. ATTACHMENT 3 799 Moorpark Avenue Moorpark, California 93021 (805) S29 -6864 f Page -2- 1 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: jg 01065/3009 GMO103.Mem