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HomeMy WebLinkAboutAGENDA REPORT 1996 1115 CC SPC ITEM 04AAGENDA REPORT CITY OF MOORPARK TO: The Honorable City Council FROM: Nelson Miller, Director of Community Develo ment� p 1) ATE November 13, 1996 SUBJECT: Discussion Regarding TNvo Proposed Driving Ranges in the Tierra Rejada Valley in the Unincorporated County Area (CUP 4915 & 4933) At their meeting of November 7, 1996, the County Planning Commission approved Conditional Use Permit (CUP) 4915 (Tom Barber), for a driving range, by a 5 -0 vote. This project is located at the southeast corner of Tierra Rejada Road and the SR 23 Freeway and is within the Tierra Rejada Greenbelt. At the same meeting, the County Planning Commission also approved CUP 4933 (Ralph Mahan), for a driving range and three practice holes, by a 4 -1 vote, with Chairperson Bartels opposed due to concerns regarding water and lighting. This project is located at the northeast corner of Tierra Rejada Road and SR 23 Freeway, adjacent to, but not in the Tierra Rejada Greenbelt. County staff articulated the County's position that the regulations relating to uses and standards are the same, whether in a greenbelt or not, and that the Greenbelt Agreements are essentially non - annexation agreements by the Cities. It is our understanding that at their meeting on November 12, 1996, the Thousand Oaks City Council directed their staff to appeal both of the Conditional Use Permits to the County Board of Supervisors. The deadline for appeal is November 17, 1996. ' •M ►1: •\ Direct staff as deemed appropriate. C= \6FFICFWPW A RPTS\ V GAP WPU l Iw.JV -yy X770 lYJ Mlki^ � ;; ey AC"11�'w�fiYl1!`67.� a Cal VOW V Tdeplprey . °. 4, om ,. ._ � 3 p 664 RESOURCE MANAGEMENT AGENCY cour*y of ��� Planning Division Keith A. Turner 01rector REIMBURSEMENT AGREEMENT FOR APPEAL PROCESSING PERMIT NO. &JZ 15 i4JO 4133 ❑ COASTAL PtNON COASTAL 1' • the undersigned, hereby authorize the County of Ventura to process the above r eace�petmit request in accordance with the Ventura County Ordinance Code. I r depositing a to cover staff review. coordination and processing costs based on real ante expended. I understand and agree to the following conditions of this agreement: l • That if, prior to a decision. costs exceed the deposit, I will be billed an amount necessary to re- establish the initial deposit. That staff time from all County of Ventura departments and agencies spent processing my request will be billed against the deposit fee. This includes, but is not. limited to, staff time spent: reviewing application materials; responding by phone or correspondence to inquiries from the applicant, the app . neighbors. licant's representatives interested parties; attendanCe and participation at meetings and public hearings; preparation staff reports and other correspondence. preparation of '• That if the final cost is less than the deposit fee, the unused portion of the deposit will be refunded to me. 3. I shall pay the deposit of $ D C ov 0�-01 with the billing limit set to in the adopted Fee Schedule applicable at the time the permit application is submitted of S '25 �- (please initial: d 4• That nonpayment of billed charges may result in denial of my application and that charges are due and payable within 30 days of billing. S. That the County of Ventura may refer my application to a biological consultant to condu Initial Study (Environmental Analysis) addressing biological resources. Should this ct an i will pay a separate flat fee cost, which will be either 1300.00 or 550400, dendi w occur. ep ng revie ie whether MM the consultant must conduct a field study. Said fee is not related to the above deposit fee. �!P 6. That the County of Ventura may refer m F Center to determine whether an Initiy Application m the UCLA Archaeological information resources will need to be conducted by a culturan resources co���L�) Should this referral occur. I will pay a separate flat fee cost of S30.00. If further study by a cultural resources consultant is required. I will be responsible for any additional costs above the-S30.00, and I must select the consultant from among those approved by the County of Ventura. 7• I agree to pay the County of Ventura the Biological Review and Cultural Resource Review costs within ten days of written notice that the County has been billed by the biological or cultural resources consultant or by the State Information Center for this service. ® 800 South Victoria Avenue, •L # 1740, Ventura, CA 93009 (805) 654.2481 FAX (805) 654.2509 Page 2 8. That if I fail to pay any billed charges within 30 days of the billing, the County may either stop processing my application, or after conducting a hearing, deny my request. If my failure to pay occurs after my application is granted, my permit is subject to revocation. 9. I may in writing requesting a further breakdown of billed charges, but such a request is independent of the payment time frames. 10. I agree to pay all costs related to condition compliance as specified in any conditions of approval of my permit/entitlement. NAME OF PRINCIPAL OR APPLICANT: _ City of Moore__ ___ DRIVER'S LICENSE NUMBER: NA NAME OF COMPANY: If a Corporation, please list corporate Officers authorized to act on behalf of the Corporation MAILING ADDRESS OF COMPANY OR APPLICANT: 799 MoQrpark Avenue, Moo_ park,S. 930 t _ Phone: __ (805) 529 -686_ SIGNATURE: DATE: _/MS6 Rev. January 10, 1996 *ATTENTION - Whoever signs as principal or applicant will be held responsible for all charges. RESOURCE MANAGEMENT AGENCY PLANNING DIVISION 800 South Victoria Avenue Ventura, CA 93009 APPEAL FORM Appeal No. TO: X Board of Supervisors Planning Commission Environmental Report Review Committee I hereby appeal the decision of the Ventura County Planning Commission, which was given on November 7, 1996. The decision was as follows: Approval of Conditional Use Permit No 4933 The grounds of appeal are: (attach extra sheets as needed) The approval of two golf driving range facilities (CUP's 4915 and 4933) in the Tierra Relada Valley would establish a precedent for future development The proposed driving range use is considered by the City to be an urban commercial use and inappropriate for the open space area adjacent to the Tierra Rej ada Greenbelt. The proposed visual and glare mitigation measures will not fully mitigate the visual impacts from barrier nets and driving range lighting based on the topography of the site, the location and the proposed night -time lighting. Improvements appear to be substantial and urban in character. Pursuant to Section 8111-1.2.1b of the County Code consideration of CUP 4933 is a discretionary decision which may be denied on the grounds of unsuitable location. Section 3.2 of the County General Plan indicates the Open Space designation encomipasses land which is essentially unim roved and devoted to an open -space use. The Standard Industrial Classification which includes golf courses. (which presumably would also include driving ranges) classes such uses as "Amusement and Recreation Services." A review of this category indicates the other uses are clearly commercial and urban in character. Therefore the City is recruesting that CUP -4915 be denied based on unsuitable location and inconsistency with the County's General Plan Open Space designation which defines lands to be essentially unimproved The reasons for the City's opposition are further expressed in our three comment letters that were attached to the County Planning Commission staff report and the letter dated November 6 1996 that was submitted to the County Planning C mmission at their hearing. I request that the appropriate decision - making body take the following action: Approve the appeal and_denv CUP -4933. Name of Appellant: City of Moorpark Address of Appellant: 799 Moorpark Avenue Moorpark CA 93021 Telephone Number of Appellant: (805) 529 -6864 Is the appellant a party in the application? No. If not, state basis for filing appeal as an "aggrieved person." CUP -4933 is proposed within the Moorpark Area of Interest and within the Tierra Rejada Greenbelt Area. Paul W. Lawrason Jr., Mayor (Signature of Appellant) (Date) Appeal and deposit fee of $ (pursuant to fee schedule specified by Resolution No. 222 of the Ventura County Board of Supervisors) received by the Planning Division on 19 (Time) MSS Rev. 12/89 Keith Turner, Director Planning Division By I w.lv —LY 1770 LrJ Yr MIN rwvwlamu 1 wr1�1► . w� . ww • �.. r`` ire ti l} _ CGJ W4 JbW P.81 TWpfnlNw rut tksteor Film CSI br RESOURCE MANAGEMENT AGENCY rft of vieftra Planning Division Keith A. Tumer Director REIMBURSEMENT AGREEMENT FOR APPEAL PROCESSING PERMIT NO. 6Vf f-1/4 4(6.100 !!t53 ❑ COASTAL PGNON COASTAL IP . the undersigned, hereby authorize cite County of Ventura to am d t#l6 above R eneVermit request in accocdatue with the Ventura S to cover staff review, coordination and p ocOsingg costs based On real time expended, I understand and agree to the following conditions of this agreement: I That if, prior to a decision, costs exceed the deposit, I will be billed an amount necessary to re- establish the inifial deposit. That staff time from all County of Ventura deparnnents and agencies spear to, slaf my request will be billed againu the deposit fee. Th is Includes, but is not limited to, staff time spent: reviewing application materials; responding es phone of correspondence to inquiries from the applicant, the applicant's representatives, neighbors. interested Parties, attendance and participation at meetings and public hearings; preparation of staff reports and otter correspondence. 2. That if the final cost is less than the deposit fee, the unused portion of the deposit will be refunded to me. ` 3 IshallpaythedepositofS t t t h S �r� i with the billing limit set forth in the adopted Fee (please initial: applicable time the permit application is submitted of �• 4• That nonpayment of billed charges may result in denial of my application and that charges are due and payable within 30 days of billing. 5• That the County of Ventura may refer my application to a biological consultant to conduct an Initial Study (Environmental Analysis) addressing biological resources, Should this review occur, I will pay a separate slat fee cost, which will be either $300,00 or S500.00, depending on whether N the consultant must conduct a field study. Said fee is not related to the above deposit fee. 6 That the County of Ventura may refer m Center to determine whether Y application to the UCLA Archaeological Information resources will need to be conductedttb a Study (Environmental consultant. Analysis) addressing referral occur, I will pay a separate flat fee st of $30.00, If further t y Should cultural resources consultant is required, I will be responsible for any additional costs above the.S30.0o, and I must select the consultant from among those approved by the County of Ventura. 7. I agree to pay the County of Ventura the Biological Review and Cultural Resource Review costs within ten days of written notice that the County has been billed by the biological or cultural resources consultant or by the State Information Center for this service. ® 800 South Victoria Avenue, L #1740, Ventura, CA 93009 1805) 654.2481 FAX 18051 654.2509 Page 2 8. That if I fail to pay any billed charges within 30 days of the billing, the County may either stop processing my application, or after conducting a hearing, deny my request. If my failure to pay occurs after my application is granted, my permit is subject to revocation. 9. I may in writing requesting a further breakdown of billed charges, but such a request is independent of the payment time frames. 10. I agree to pay all costs related to condition compliance as specified in any conditions of approval of my permit/entitlement. NAME OF PRINCIPAL OR APPLICANT: _City of M��rnark__ DRIVER'S LICENSE NUMBER: _ ___NA _ NAME OF COMPANY: _ _NA___ If a Corporation, please list corporate Officers authorized to act on behalf of the Corporation MAILING ADDRESS OF COMPANY OR APPLICANT: 799 Moomark Aveno, Moorpark-, CA 93021 Phone: _- (805) 529 -6864 SIGNATURE: Cw.JL -_ll U'i�z. _ DATE: _/MS6 Rev. January 10, 1996 *ATTENTION - Whoever signs as principal or applicant will be held responsible for all charges. City State .i Zip _-4.�y DATE INVOICE 4 ITEMIZED DEMAND IN DETAIL ACCOUNT I DOLLARS I CENTS APPROVAL FOR CITY OF MOORPARK Department Head Deputy City Manager City Manager NOTES: TOTAL I /� (1 U l an AMOUNT WARRANT # TRANSACTION DATE l L_ AMOUNT�G� 5113652 0 W; U M A M N A (O U K a x x z x 0 11'03225411' 1:L220002IEWSL01391300Lill LL 0r l ['m 5izr 0 J CITY OF MOORPARK • MOORPARK, CA 93021 RESOURCE MANAGEMENT AGENCY PLANNING DIVISION 800 South Victoria Avenue Ventura, CA 93009 APPEAL FORM Appeal No. TO: X Board of Supervisors Planning Commission Environmental Report Review Committee I hereby appeal the decision of the Ventura County Planning Commission, which was given on November 7, 1996. The decision was as follows: Approval of Conditional Use Permit No. 4915. The grounds of appeal are: (attach extra sheets as needed) The approval of two golf driving range facilities (CUP's 4915 and 4933) in the Tierra Rejada Valley and the proposed project within the Tierra Rejada Greenbelt . area would establish a precedent for future development. The proposed driving range use is considered by the City to be an urban, commercial use and inappropriate for the Tierra Rejada Greenbelt area The proposed visual and glare mitigation measures will not fully mitigate the visual impacts from barrier nets, use of artificial turf and driving range lighting based on the topography of the site the location and the proposed night-time lighting. Improvements appear to be substantial and urban in character. Pursuant to Section 8111-1.2.1b of the County Code, consideration of CUP 4915 is a discretionary decision which may be denied on the grounds of unsuitable location Section 3.2 of the County General Plan indicates the Open Space designation encompasses land which is essentially unimproved and devoted to an open,- ppa,ce use The Standard Industrial Classification which includes golf courses (which presumably would also include driving ranges) classes such uses as "Amusement and Recreation Services.,, A review of this category indicates the other uses are clearly commercial and urban in character. Therefore the City is requesting that CUP -4915 be denied based on unsuitable location, inconsistency with the Tierra Rejada Greenbelt Agreement and inconsistency with the County's General Plan Open Space designation which defines lands to be essentially unimproved The reasons for the City's opposition are further expressed in our three comment letters that were attached to the County Planning Commission staff report and the letter dated November 6 1996, that was submitted to the County Planning Commission at their hearing_ I request that the appropriate decision - making body take the following action: Approve the appeal and deny CUP -4915. Name of Appellant: City of Moorpark Address of Appellant: 799 Moorpark Avenue, Moorpark CA 93021 Telephone Number of Appellant: (805) 529 -6864 Is the appellant a party in the application? No. If not, state basis for filing appeal as an "aggrieved person." CUP -4915 is proposed within the Moorpark Area of Interest and within the Tierra Rejada Greenbelt Area. Paul W. Lawrason Jr., Mayo (Signature of Appellant) (Date) Appeal and deposit fee of $ (pursuant to fee schedule specified by Resolution No. 222 of the Ventura County Board of Supervisors) received by the Planning Division on 19_ (Time) MSS Rev. 12/89 2 Keith Turner, Director Planning Division By city of Tho d? Oaks CITY CLERK NANCY A. DILLON I Nancy A. Dillon, do hereby certify that the following is a true and correct draft Minute excerpt from the draft minutes of the City Council/Redevelopment Agency meeting of November 12, 1996. COUNCIL ISSUES: *PCD Appeal of Ventura County Planning Commission Decision Regarding Golf Courses in #421 -20 the Tierra Rejada Greenbelt Area suggested by Councilmember Zeanah who referred #530 -40 to Council letter to Ventura County. Side 5 Motion by Councilmember Zeanah to meal the Planning Commission's decision to Vem=a Cog= Board of Supervisors regAWing the two driv' range pro op sals Pfd Side 6 for the Tierra Re'ada Greenbelt area, carried 3 -1 Mayor Fox dissenting_ MotiQrx by Mayor Fox to contact cities of Simi Valley and Moorpark and Ventura Cog= Bow of Supervisors and hold joints meeting .of the three full City Councils and Board of SgD rvisors for those areas t review what can be done regarding a greater understanding of the greenbelt aereement or document and that the meeting be a televi ed public meeting, hdrawn by Mayor Fox_ Councilmember Lazar suggested amendment to above motion regarding inquiring about interest in an Ad Hoc Committee with representatives from each of the cities and the County to work out preliminary recommendations which may be less cumbersome for better implementation of the intent of the greenbelt agreement. Councilmember Zeanah concurred with Councilmember Lazar noting that before any meeting is held, City of Thousand Oaks staff should prepare proposed solutions on a priority basis, then have Council determine whether full Council or an Ad Hoc Committee would be appropriate. Motion by Councilme bet „Lazar IQ contact other cities to gauge interest in forming an Ad Hoc ComMittee to d” Is.,, gmenbelt issues with Ventura County carried 4 -0 Councilmember Zeanah stated City Attorney Sellers noted first motion should be clarified to indicate intent to follow -up with both driving ranges per earlier letter which spelled out understanding that one was adjacent to and one was within the greenbelt - to follow intent of original letter of protest from City to County. Mayor Fox noted would be included. I-AL W) Dated: Na A illon ggi�pp 5 City Clerk Redevelopment Agency Secretary CCO2100 0Tsand0aks 9of]leva l Thousand Oaks, California 91362 -2903 • (805) 449 -2151 • FAX (805) 449 - 215011/13/96 GA Primed on recycled Mw .irl 4 7 TOTAL P.02 MOORPARK 799 Moorpark Avenue Msorpa�!;, California 93021 (805) 529 -6864 November 15, 1996 Honorable Board of Supervisors County of Ventura 800 South Victoria Avenue Ventura, CA 93009 SUBJECT: APPEAL OF COUNTY PLANNING COMMISSION APPROVAL OF-- CONDITIONAL USE PERMITS NOS. 4915 AND 4933 Dear Chairman Schillo and Supervisors: At a special meeting on November 15, 1996, the Moorpark City Council authorized an appeal of the Ventura County Planning Commission's approval of both Conditional Use Permit (CUP) 4915 and CUP 4933 for the reasons expressed on the attached appeal forms and prior correspondence to the County pertaining to both proposed golf driving range projects. The Council's intent was to file a joint appeal with the City of Thousand Oaks; however, due to the short time frame for filing the appeal and the direction from the County Planning Division that a joint appeal would require the signatures of both cities on the same appeal form, the City has submitted the full appeal deposit of $800 for each appeal. We are, however, requesting that the Board refund a minimum of $800 to the City, regardless of your decision regarding the two appeals. Sincerely, 44,� ��- ()K4 Nelson E. Miller, AICP Director of Community Development cc: Honorable City Council Steve Kueny, City Manager PAUL W. LAWRASON JR. JOHN E. WOZNIAK ELOISE BROWN PATRICK HUNTER BERNARDO M. PEREZ Mayor Mayor Pro Tem Councilmember Councilmember Councilmember CITY OF MOORPARK OFFICE OF THE CITY MANAGER INTEROFFICE MEMORANDUM TO: The Honorable City Council FROM: Steven Kueny, City Manager DATE: November 14, 1996 SUBJECT: Proposed Tierra Rejada Golf Course Please be advised that we have received a copy of the blue line for the proposed Tierra Rejada Golf Course on the Mahan property. This property is located north of Tierra Rejada, east of the 23 Fwy. . The blue line has been posted on the conference room wall for your review prior to our Special Meeting tomorrow. c: \citymgr \hccmem11.14