HomeMy WebLinkAboutAGENDA REPORT 1997 0416 CC REG ITEM 09HCITY COUNCIL
AGENDA REPORT
TO: The Honorable City Council
71A -9Cf)
ITEM 14
4, N.
CM OF MOORPAIM CALWORM
City Cou cif Mating
of 60 199 7
ACTT N:, '
_
FROM: Paul Porter, Senior Planner
Nelson Miller, Director of Community Developme �4 �
DATE: April 2, 1997 (CC Meeting of April 14, 1997)
SUBJECT: CONSIDER REQUEST BY STEPHEN R. ANDERSON AND PAUL D.
BURNS FOR THE INITIATION OF A GENERAL PLAN AMENDMENT TO
AMEND THE LAND USE ELEMENT OF THE GENERAL PLAN ON 43.32
ACRES OF UNDEVELOPED LAND WEST OF GABBERT ROAD, NORTH
OF THE SOUTHERN PACIFIC RAILROAD (APN. 500 -34 -22 AND
-23) FROM "AG -I" (AGRICULTURAL 1DU. /10 -40 ACRES) TO
11I -2" (MEDIUM INDUSTRIAL) AND ZONE CHANGE FROM AE
(AGRICULTURAL EXCLUSIVE) TO M -2 (LIMITED INDUSTRIAL)
(PREAPPLICATION NO. 96 -10)
The applicant is requesting permission to process a General Plan
Amendment and Zone Change. The property consists of
approximately 43.32 acres of land northerly and contiguous to the
SPRR with approximately 1,350 feet of frontage along the railroad
right -of -way. The proposed project is bound by property in the
unincorporated county to the west, property with a General Plan
Designation of RL (Rural Low 1DU /5 acres) on the north and
Specific Plan No 1 on the east. The property has a General Plan
Land Use Designation of AG -1.
The property in question consists of two properties (APN. No.
500 -0- 340 -220 owned by A -C Construction Inc. /Paul D and Lisa
Burns and APN. No. 500 -0- 340 -235 owned by Southern California
Edison Co.). Southern California Edison Company did not sign the
preapplication to initiate the General Plan Amendment. The
applicants' representative (John Newton), signed for the Edison
Company indicating that an option to license, lease or purchase
the property is in process. Staff will require the Edison
Company to sign the application authorizing the processing of a
General Plan Amendment and Zone Change on their property.
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00 0075
Preapplication 96 -10
Applicant: Anderson /Burns
City Council Staff report 4/14/97
Page No. 2
Amendments to the General Plan
Staff does not accept an application for a General Plan Amendment
unless the City Council concurs with the initiation of the
requested amendment.
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 as three previous applications for amendment screening, plus
four other potential applications which have been discussed.
There are currently two previous General Plan Amendments (GPA),
which the Planning Commission has considered, but City Council
has not yet acted upon, GPA 96 -3 (relating to Tract 4928,
Bollinger, initiated by the City) and GPA 96 -2 (DeeWayne Jones).
Following is a list of the 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)
4. Pacific Communities Builders, Inc. residential project (Land Use
Element amendment to revise density set for Planning Commission
hearing on April 14, 1997)
5. DeeWayne Jones Commercial Center (Land Use Element amendment from
Medium Density Residential to General Commercial)
6. Downtown Specific Plan (Land Use Element amendment to reflect
revisions to land uses and densities)
Pre - Applications in Process
1. Pre - Application for Specific Plan No. 9, Braemar Homes (Land
Use Element to reflect final approved plan)
2. Pre - application for Anderson /Burns (Land Use Element amendment
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Preapplication 96 -10
Applicant: Anderson /Burns
City Council Staff report 4/14/97
Page No. 3
from Agricultural to Medium Industrial)
3. Pre - application for Shenkel /Tanner (Land Use Element amendment
from Rural High to Medium Industrial)
In addition to the above amendment requests there are several
other potential General Plan amendments that may be filed or
considered, including:
1. The property south of ARCO and west of the LeClub
Apartments, to revise the land use designation from General
Commercial to Very High Density residential.
2. The former Tentative Tract 3217 (Rasmussen) property on the
west side of Walnut Canyon Road, south of Tentative Tract
4928 (Bollinger). (Possible Land Use Element Amendment for
increased density)
3. Sphere of Influence Study (Land Use Element Amendment would
be needed to address any areas proposed to be added to
Sphere of Influence)
4. 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)
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 applicants, request is to authorize staff to process a
General Plan Amendment for a change in the existing "AG -1"
(Agricultural 1DU }/40 acres) to I -2 (Medium Industrial) and a
Zone Change from AE (Agricultural Exclusive) to M -2 (Limited
Industrial) .
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000077
Preapplication 96 -10
Applicant: Anderson /Burns
City Council Staff report 4/14/97
Page No. 4
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 I -2 Medium Industrial Land Use Designation
would be consistent with the existing land use designation of I -2
to the south of the SPRR. Future industrial development could be
constructed in such a fashion to produce limited compatibility
problems with the adjacent low density residential properties to
the north, the Agricultural property to the west, Specific Plan
No.l located to the east and the industrial zoned property
located south of the railroad. Development of the property for
industrial uses could provide public improvements as the arterial
road right -of -way which would link Los Angeles Avenue to the
future State Route 118 bypass as depicted on the attached
Circulation Element map of the General Plan. Future
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Preapplication 96 -10
Applicant: Anderson /Burns
City Council Staff report 4/14/97
Page No. 5
improvements could be required as part of discretionary permit
approvals obtained for industrial development of the property.
The property was subject to a previous amendment for a General
Plan Amendment (GPA 89 -1 (b). An issue at that time was that
there was not adequate access to the property to accommodate a
more intense land use. As the proposed amendment to the land
use designation to Medium Industrial would increase traffic in
the area, the applicant should demonstrate that there is
sufficient legal access to the site to accommodate any future
additional traffic as part of the General Plan and Zone
Change application. Without sufficient legal access provided at
this time, development of the site to a more intense use of the
land may be premature.
The Circulation Element of the General Plan indicates the State
Route 118 Bypass traversing the property in an east -west
direction and a four lane arterial road traversing the property
in a north -south direction. The proposed roads would have
significant effects on the type of proposed development. In
addition, there must be a grade separation crossing of the
railroad as a result of the SR 118 bypass and the proposed north -
south road as shown on the attached Circulation Element map.
Due to constraints on the property relating to the existing flood
control channel running in a north -south direction along the
western portion of the property, the grade separation with
properties to the north and west, the Southern Pacific Railroad
to the south, major Edison power lines located to the south and
east of the property, and the requirement for both the 118 bypass
and north south arterial road, a mechanism is needed to address
these concerns in addition to zoning issues. Approximately 29
acres of the property is level and usable with the balance of the
property either having a steep slope, a Ventura County Flood
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Preapplication 96 -10
Applicant: Anderson /Burns
City Council Staff report 4/14/97
Page No. 6
Control easement or high tension electrical line tower bases. An
industrial designation will provide expansion of limited
industrial land located within the City and provide opportunities
to improve jobs- housing balance as well as positive fiscal
impacts to the City. A Specific Plan provides such a mechanism
in that Section 65451 of the Government Code in that a Specific
Plan shall include a text and a diagram or diagrams which specify
all of the following in detail:
1. The distribution, location and extent of the uses of
the land, including open space, within the area covered
by the plan.
2. The proposed distribution, location, and extent and
intensity of major components of public and private
transportation, sewage, water, drainage, solid waste
disposal, energy, and other essential facilities
proposed to be located within the area covered by the
plan and needed to support the land uses described in
the plan.
3. Standards and criteria by which development will
proceed, and standards for the conservation,
development, and utilization of natural resources,
where applicable.
4. A program of implementation measures including
regulations, programs, public works projects, and
financing measures necessary to carry out paragraphs
1,2, and 3.
In addition, a Specific Plan must include a statement of the
relationship of the Specific Plan to the General Plan. A
Specific Plan is not just limited to multi -use projects such as
the Carlsberg Specific Plan, but can be used for unique uses on
specific property such as the one being addressed in this report.
It is recommended that a Specific Plan be considered which will
address the unique constraints of the property and address
infrastructure requirements.
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Preapplication 96 -10
Applicant: Anderson /Burns
City Council Staff report 4/14/97
Page No. 7
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. City Council
policy has been established to not accept projects for concurrent
processing and that a project application for a discretionary
project is not considered complete until a General Plan Amendment
and Zone Change is 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
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).
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.
1. Direct that any General Plan Amendment for industrial uses
be subject to preparation of a Specific Plan.
2. Authorize the applicant to initiate and staff to pro ess an
application for General Plan Amendment to
change the Zoning and concurrently process a General Plan
Amendment to amend the Land Use Element of the General Plan.
Attachments: 1. Resolution
2. General Plan and Zone Change Maps
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RESOLUTION NO 96-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK CALIFORNIA TO AUTHORIZING THE APPLICANT TO
INITIATE AND STAFF TO ACCEPT AN APPLICATION FOR GENERAL PLAN
AMENDMENT AND SPECIFIC PLAN TO CHANGE THE ZONING AND CONCURRENTLY
PROCESS A GENERAL PLAN AMENDMENT TO AMEND THE LAND USE ELEMENT OF
THE GENERAL PLAN ON 43.32 ACRES OF UNDEVELOPED LAND WEST OF
GABBERT ROAD, NORTH OF THE SPRR (APN. 500 -34 -22 AND 23)
FROM "AG -1" (AGRICULTURAL 1DU /10 -40 ACRES) TO "I -2"
(MEDIUM INDUSTRIAL) AND ZONE CHANGE FROM AE
(AGRICULTURAL EXCLUSIVE) TO M -2 (LIMITED INDUSTRIAL)
Whereas, Resolution No. 94 -1055 adopted by the City Council
on August 17, 1994 established criteria to be used by the City
Council as justification to deny or approve the processing of a
General Plan Amendment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. That the City Council does hereby authorize
the applicant to initiate and staff to accept an application for
General Plan Amendment and Specific Plan to change the Zoning and
concurrently process a General Plan Amendment to amend the Land
Use Element of the General Plan.
SECTION 2. That the applicant pay for all City costs for
processing a General Plan Amendment, Specific Plan, Zone Change
and any subsequent applications.
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Wv�s1�
SECTION 3. That the City Clerk shall certify to the
passage and adoption of this resolution.
PASSED, APPROVED, AND ADOPTED THIS DAY OF 1997.
AYES:
NOES:
Mayor
ATTEST:
City Clerk
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FIGURE 2
CITY OF MOORPARK
GENERAL PLAN CIRCULATION ELEMENT
HIGHWAY NETWORK
May 13, 1992
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