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Home My WebLink AboutAGENDA REPORT 1997 0716 CC REG ITEM 09IITEM . ,r Agenda Report CM OF MOORPARK, CALIFORMA City of Moorpark City C Heil Meeting 199 ACTION: TO: The Honorable City Council a� FROM: Paul Porter, Senior Planner � BY } Nelson Miller, Director of Community Developme�'jjf� DATE: July 3, 1997 (City Council meeting of 7/16/97) SUBJECT: CONSIDER PREAPPLICATION NO. 97 -2, A REQUEST BY SECURITY PACIFIC CAPITAL TRUST FOR THE CITY TO INITIATE A GENERAL PLAN AMENDMENT TO AMEND THE LAND USE ELEMENT OF THE GENERAL PLAN ON APPROXIMATELY 18.3 ACRES LOCATED ALONG THE WEST SIDE OF MOORPARK AVENUE ADJACENT TO THE ARROYO (PARCEL B OF PARCEL MAP 3118) FROM C -2 (GENERAL COMMERCIAL) TO VH (VERY HIGH DENSITY) AND A ZONE CHANGE FROM CPD (COMMERCIAL PLANNED DEVELOPMENT) TO RPD 20 (RESIDENTIAL PLANNED DEVELOPMENT 20 UNITS PER ACRE)(APN. 506 - 050 -275) Existing policies, goals, options, ordinances and concerns relating to land use issues and the processing of the requested General Plan amendment are presented in this report. The various other existing and potential General Plan Amendment requests are also identified in the report. One issue which has also been previously raised is whether a comprehensive update of the 1992 Land Use Element should be considered. Approval of a resolution authorizing the applicant to file and staff to accept an application for a General Plan Amendment and Zone Change. The applicant is requesting permission to process a General Plan Amendment and Zone Change. The property consists of approximately 18.3 acres of land southerly of Los Angeles Avenue bordered by the flood control channel to the south, Moorpark Avenue on the east, and undeveloped land on the west. The LeClub apartment complex is located to the east of the site. C: \M \PRE97.2 \2JUL97.CC Preapplication 97 -2 Applicant: Security Capital Pacific Trust City Council meeting 7/16/97 Page No. 2 The existing and surrounding General Plan Land Use and Zoning designations are as follows: Per City policy, staff does not accept an application for a General Plan Amendment unless the City Council concurs with the initiation of the requested amendment. Processing a General Plan Amendment and Zone Change together is a legislative act which does not have time constraints for completion as with other discretionary projects. Staff has been accepting projects for concurrent processing and that a project application for a discretionary project in conjunction with a request for a General Plan Amendment and Zone Change, but has not considered the discretionary projects complete until a General Plan Amendment and Zone Change has adopted by the City Council. Currently, there is specific language in application packets stating that: All development projects (including, but not limited to subdivisions, planned development permits, and conditional use permits) must be consistent with the City General Plan and Zoning Code to be deemed complete. To be consistent with the General Plan, a proposed project must be allowed by the land use designation and must be consistent with applicable goals and policies. To be consistent with the C: \M \PRE97.2 \2JUL97.CC OVQQ8�1 General Plan Zoning Site C -2 CPD North C -2 CPD South OS -2 OS East VH RPD 15u West C -2 CPD Per City policy, staff does not accept an application for a General Plan Amendment unless the City Council concurs with the initiation of the requested amendment. Processing a General Plan Amendment and Zone Change together is a legislative act which does not have time constraints for completion as with other discretionary projects. Staff has been accepting projects for concurrent processing and that a project application for a discretionary project in conjunction with a request for a General Plan Amendment and Zone Change, but has not considered the discretionary projects complete until a General Plan Amendment and Zone Change has adopted by the City Council. Currently, there is specific language in application packets stating that: All development projects (including, but not limited to subdivisions, planned development permits, and conditional use permits) must be consistent with the City General Plan and Zoning Code to be deemed complete. To be consistent with the General Plan, a proposed project must be allowed by the land use designation and must be consistent with applicable goals and policies. To be consistent with the C: \M \PRE97.2 \2JUL97.CC OVQQ8�1 Preapplication 97 -2 Applicant: Security Capital Pacific Trust City Council meeting 7/16/97 Page No. 3 Zoning Code, a proposed project must be allowed by the zone district designation and must be consistent with all applicable zoning regulations (including, but not limited to setbacks, structure height, parking, and landscaping coverage). Prior to making a recommendation to the City Council to revise the land use designation for the subject property, the City Council should consider that the State Government Code does limit the frequency of amendments to a mandatory element of the General Plan to no more than four times during any calendar year. There are currently six filed General Plan Amendment applications, as well applications for amendment screening, plus four other potential applications which have been discussed. Following is a list of the recently approved, pending, and potential General Plan Amendments: Applications in Process 1. Specific Plan No. 1, Hitch Ranch (Land Use Element amendment to reflect final approved plan) 2. Specific Plan No. 2, Morrison - Fountainwood- Agoura (Land Use and Circulation Element amendments to reflect final approved plan) 3. Specific Plan No. 8, Hidden Creek Ranch (Land Use and Circulation Element amendments to reflect final approved plan) This has been reviewed by the Planning Commission, but not yet scheduled for City Council public hearings. The "Development Agreement" Committee has been meeting to discuss elements of the Development Agreement. 4. Pacific Communities Builders, Inc. residential project (Land Use Element amendment to revise density). 5. Downtown Specific Plan (Land Use Element amendment to reflect revisions to land uses and densities) C: \M \PRE97.2 \2JUL97.CC WOQ Preapplication 97 -2 Applicant: Security Capital Pacific Trust City Council meeting 7/16/97 Page No. 4 Approved Amendment DeeWayne Jones Commercial Center (Land Use Element amendment from Medium Density Residential to General Commercial) has been approved by the City Council. Pre - Applications in Process 1. Pre- Application.for Specific Plan No. 9, Braemar Homes (Land Use Element amendment to reflect final approved plan) 2. The former Tentative Tract 4620 (West Pointe Homes) property on the west side of Walnut Canyon Road, south of Tentative Tract 4928 - Bollinger - (Land Use Element Amendment for increased density). The Community Development Committee considered this Pre - Application at the meetings of May 28 and June 25 and continued the item to its October meeting for additional discussion following City Council consideration of goals and objectives and discussion of possible comprehensive update of the General Plan. 3. Specific Plan No. 10 (previously Schleve) - is located east of Walnut Canyon Road and West of SP No. 2 (Land Use Element amendment to reflect final approved plan). Preapplication Approved for Filing of General Plan Amendment The filing and processing of a General Plan Amendment for Anderson /Burns (Land Use Element amendment from Agricultural to Medium Industrial) has been approved by the City Council for the filing of a General Plan Amendments, but the application has not yet been filed for processing: Potential General Plan Amendments In addition to the pending amendment requests, there are several other potential General Plan amendments that may be filed or considered, including: C: \M \PRE97.2 \2JUL97.CC OW 091 Preapplication 97 -2 Applicant: Security Capital Pacific Trust City Council meeting 7/16/97 Page No. 5 1. Sphere of Influence Study (Land Use Element Amendment would be needed to address any areas proposed to be added to Sphere of Influence) 2. The Gisler Field site on Poindexter Avenue which is owned by the Moorpark Redevelopment Agency. (Possible Land Use Element amendment to reduce the density consistent with the maximum number of units directed by the Agency Board and City Council) 3. A General Plan Amendment to amend the Land Use Element of the General Plan on 4.78 acres located at 13991 Los Angeles Avenue (AN. 513- 01 -22) from "RH" (Rural High 1 du. /5 acres minimum) to 11I -2" (Medium Industrial) and a Zone Change from RE -1 acre (Rural Exclusive 1 acre minimum) to M -2 (Limited Industrial). This preapplication requesting the filing of a General Plan Amendment was approved by Resolution No. 97- 1304, but was rescinded because of zoning violations on the property. 4. GPA - 96 -3 (Bollinger) - In 1996, the City Council initiated a General Plan Amendment to re- designate the Moorpark Country Club Estates project site as Rural Low, but on June 4, 1997 tabled the public hearing until further notice. Not only is the City limited in the number of times per year in which any Element of the General Plan may be changed, but the City also has limited staff to process this number of proposed changes. The applicant's request is to authorize staff to process a General Plan Amendment for a change in the existing C -2 (General Commercial) to VH (Very High Density) and a Zone Change from CPD (Commercial Planned Development) to RPD 20 (Residential Planned Development- 20 units per acre) Should the City Council wish to approve initiation of a request for a General Plan Amendment and Zone change application, a Resolution is attached authorizing staff to accept the application. C: \M \PRE97.2 \2JUL97.CC 000039%. Preapplication 97 -2 Applicant: Security City Council meeting Page No. 6 Capital Pacific Trust 7/16/97 • - - } } • } • M } - 77-15 -Mo Wzlo WTI } W Ip } • • - } - Resolution No. 94 -1055 adopted by the City Council on August 17, 1994 established the following criteria to be used by the City Council as justification to deny or approve the processing of a General Plan Amendment: 1. The proposed amendment request is consistent with or has a potential for consistency with the City's General Plan, including applicable goals and policies. 2. The proposed amendment request is compatible with, or has a potential for compatibility with either existing, or planned uses for the surrounding properties. 3. The proposed amendment request has the potential for conformity with other City Council adopted policies. 4. The proposed amendment request has the potential to provide, through the project approval process, public improvements, public services, public amenities, and /or financial contributions that the City Council determines to be of substantial public benefit to the community. The request for a Very High (VH) Land Use Designation would be consistent with the existing LeClub apartments (Density of LeClub apartments is 15 units per gross acre) land use designation located to the east of the site. The proposed site would be appropriate for very high density uses as it is close to shopping and is in the vicinity of other multi - family uses to the east of the site such as the LeClub apartment complex, and is bordered by the flood control channel on the south. Therefore, a General Plan Amendment and Zone Change to allow very high density uses on the site is compatible with the surrounding properties. The proposed General Plan Amendment is also consistent with, or C: \M \PRE97.2 \2JUL97.CC (JOO()!)3 Preapplication 97 -2 Applicant: Security Capital Pacific Trust City Council meeting 7/16/97 Page No. 7 has a potential for consistency with the City's Housing Element of the General Plan, including applicable goals and policies. For example changing the Land Use Element to allow very high density residential units would provide the City with additional low and moderate income families and other households identified as having special housing needs with a place to live. This proposal would also be consistent with Goal No. 3 of the Housing Element which is to review land use and zoning designations to ensure compatibility with current development patterns and to encourage the provision of affordable low and very low income residential units by approving a General Plan Amendment /Zone Change. In addition, providing additional land within the City for very high density residential property within the Redevelopment area will assist in the City's goal of the targeted number of low and very low residential units. The applicant's request for apartments on the site would require a density of approximately 20 units per acre which exceeds the maximum density of 15.0 units per acre unless a density bonus is approved consistent with State Density Bonus Law and City Municipal Code. The City Council may grant a density bonus above the maximum residential density otherwise allowable by the applicable R -P -D zone designation and general plan land use element designation, not to exceed the density limit specified in the general plan land use element, to projects which provide housing for senior residents or families of very low or lower income as provided for in Chapter 17.64. The purpose of Chapter 17.64 is to set forth the standards and regulations under which density bonuses and other incentives may be offered by the city to developers of housing development projects pursuant to State Government Code Section 65915 et seq. The adopted housing element of the Moorpark general plan includes a future five (5) year housing program which describes those actions and programs which the city will undertake to continue the maintenance, improvement and development of housing for all residents of the city. Included as a housing element program is the offering of density bonuses, consistent with state law, to C: \M \PRE97.2 \2JUL97.CC Vwus4 Preapplication 97 -2 Applicant: Security Capital Pacific Trust City Council meeting 7/16/97 Page No. 8 developers proposing construction of rental and ownership housing for very low and low- income households. The intent is to encourage the provision of such housing by providing a density bonus or equivalent incentive under the provisions of Chapter 17.64. To be eligible, developers must comply with the terms of the and enter into an appropriate housing agreement with the City. Neither Government Code 65915 et seq. nor Chapter 17.64 require the provision of direct financial incentives for any housing development, including the provision of publicly owned land, or the waiver of fees or dedication requirements. As the proposed project is located within the redevelopment area, this proposed housing development will be required to provide at least fifteen (15) percent of all new dwelling units available at an affordable housing cost. Not less than forty (40) percent of the fifteen (15) percent (six (6) percent of the total) of the dwelling units are required to be available at affordable housing cost to persons and families of very low income. Very low income is defined as fifty (50) percent of the median income. It has been the recent practice of the Moorpark Redevelopment Agency Board that the remainder of the fifteen (15) percent (or nine {9) percent) of the total be available to persons of low income. Low income is defined as eighty (80) percent of the median income. With a change in land use designation to high density residential, a street connecting to Park Lane should be considered along the northerly property line between Moorpark Avenue and Park Lane to accommodate additional development of not only the subject property, but adjacent properties to the west. The additional traffic generated as a result of either residential or commercial development of the proposed site as well as the sites to the west will require a second access to Los Angeles Avenue. Providing a secondary access would serve to provide for the safe and efficient movement of people from the properties south of Los Angeles Avenue between Moorpark Avenue and Park Lane onto Los Angeles Avenue. C: \M \PRE97.2 \2JUL97.CC OW055 Preapplication 97 -2 Applicant: Security Capital Pacific Trust City Council meeting 7/16/97 Page No. 9 Zl \�� >> Including the proposed property, there are approximately 33.38 acres of commercially zoned undeveloped property south of Los Angeles Avenue between Moorpark Avenue and Park Lane. Without, the proposed site which contains 18.38 acres, the remaining parcels which have frontage along Los Angeles Avenue contains 15.04 acres. If the parcel to the west of the proposed project were split to continue the proposed residential zoning along the Arroyo, there would remain about 10.5 acres of commercial zoned property along Los Angeles Avenue, with a depth of 456 feet. For comparison purposes, the size of Moorpark Town Center located across the street contains 11.98 acres with a depth of 516 feet and approximately the same frontage on Los Angeles Avenue. A copy of the parcels is attached to this report. Including the proposed site, the City has approximately 120.72 acres of remaining undeveloped commercially zoned property within the City. This does not include the 73.0 acres of Sub - Regional Retail /Commercial /Business Park property located within the Carlsberg Specific Planning Area which is located at the southwest corner of New Los Angeles Avenue and the Moorpark Freeway. The intent of the Carlsberg Specific Plan is that no more than 33 acres be developed for Business Park uses unless a single user occupies the entire 73 acres. A change in the Land Use Designation to VH would further reduce the City's available commercial property inventory. C: \M \PRE97.2 \2JUL97.CC 111 1 Preapplication 97 -2 Applicant: Security Capital Pacific Trust City Council meeting 7/16/97 Page No. 10 One of the goals in the City's Housing Element of the General Plan is to provide adequate housing within the City with particular attention to the provision of housing for the elderly, low and moderate income families and other households identified as having special housing needs. The parcels located to the west of the proposed site would provide a logical extension of the proposed residential zoning allowing Park Lane to form a boundary, or even extending to the Villa Campesina project. These parcels are also close to shopping, schools and employment opportunities. A General Plan Amendment to VH of the adjacent parcels would help meet the City's goal of providing affordable housing within the redevelopment area. A second option would be to preserve the existing General Plan and Zoning designation on the property which would allow commercial uses on the site which typically rely on pass -by traffic. With the number of General Plan Amendment requests, the City may want to consider a comprehensive update of the City's Land Use Element rather than consider individual amendment to the Land Use Element. This approach would serve to focus on the City's long term need to provide a balanced community with sufficient commercial, industrial, residential and recreational /open space land uses. A new zoning district such as a commercial service (CS) zone has C: \M \PRE97.2 \2JUL97.CC 000057 Preapplication 97 -2 Applicant: Security Capital Pacific Trust City Council meeting 7/16/97 Page No. 11 also been previously discussed as a possibility for these properties which do not have direct frontage on a major arterial. The CS zone could provide land on which certain service uses may be combined with those commercial activities which are frequently not compatible with conventional retail, service and office uses. The purpose would be to allow some quasi - industrial uses which may have low impacts. This designation could still be considered consistent with a General Commercial General Plan Land Use designation. Establishment of a CS zoning designation and rezoning the property to allow a other types of uses such as mini - storage, recreational vehicle storage or other quasi - commercial uses would allow quasi- commercial uses not normally dependent on high numbers of pass -by traffic. As with Residential Planned Development 96 -1 on the application of Pacific Communities Builder, Inc., the VCFCD Improvement Plans which reduces the level of flood hazard along Arroyo Simi by increasing channel capacity to convey a 100 year storm event. In order to improve the channel, right -of -way is obtained from properties adjacent to the Arroyo Simi. In addition to the right -of -way obtained for the VCFCD improvements, additional right -of -way has been obtained by the VCFCD for a possible future U.S. Army Corps of Engineers project which includes a 400 foot wide channel (200 feet on each side from the proposed centerline of the channel). The additional right -of -way requirement exceeds the proposed County project. At the present time, the VCFCD is in the process of determining whether there is a need for additional right -of -way needed along the Arroyo Simi over and above the right -of -way need for the VCFCD. The City Council authorized the Mayor to send a letter to VCFCD requesting that the County Board of Supervisors change the policy so as to no longer require the County of Ventura Flood Control District to obtain the reservation of additional right -of -way within the City limits(Designated Watercourse Calleguas Creek {Arroyo Simi}) for a possible U.S. Army Corps of Engineer's project. This request was based on the fact it is unlikely the C: \M \PRE97.2 \2JUL97.CC 0000915 Preapplication 97 -2 Applicant: Security Capital Pacific Trust City Council meeting 7/16/97 Page No. 12 U.S. Army Corps of Engineers project would be constructed in addition to the presently proposed County project. The requirement of the additional right -of -way along the Arroyo Simi would ultimately result in financially unfeasible projects in addition to a significant loss of affordable dwelling units within the Redevelopment Area of the City. With acquiring additional right -of -way for the Army Corp of Engineers project along the Arroyo, there would be the potential to provide additional landscaping, recreational trail, natural open space, and /or other recreational opportunities adjacent to the Arroyo. Without the additional right -of -way, sufficient land would not be available to provide for these additional amenities and /or the number of units would be decreased from the number proposed by the developer. This preapplication was reviewed by the Affordable Housing /Community Development Committee on June 25, 1997. The committee consensus was to move forward to Council with initiation of a General Plan Amendment to also include the portion of the adjacent property to the west and contiguous to the subject property which consists of about 5.4 acres and is approximately 250 feet wide and 950 feet long. The remaining approximately 2.2 acres of the adjacent property with frontage along Los Angeles Avenue would still be recommended for commercial designation (see Attachment 2A). This would extend consideration of the change in land use designations to the extension of Park Lane, but still leave one property between Park Lane and the Villa Campesina project which is designated for commercial use. That property currently has a greenhouse type structure on it. Adopt the attached Resolution authorizing the applicant to initiate and staff to accept an application for General Plan Amendment and Zone Change for the subject property and abutting C: \M \PRE97.2 \2JUL97.CC C Preapplication 97 -2 Applicant: Security Capital Pacific Trust City Council meeting 7/16/97 Page No. 13 portion of adjacent property to the west of the subject property, and directing the Planning Commission and staff to include consideration of adjacent property with any application for General Plan Amendment and Zone Change whether or not the adjacent property owner becomes an applicant. Attachments: 1. Resolution 2. General Plan, property map C: \M \PRE97.2 \2JUL97.CC Zone Change, and surrounding QVOILOO a ■C1a VIL* N L17 � o N �Avt TER w AVE ' II - Q If DOROTHY - NOTrTAD1i ��EE) F �Is S T I � AVE j a I J o -F z a I AVE. Q I ® -- TI n I SCHOOL MIDDLE - '— SECOND S a I I � I �� I z m I. 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