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Home My WebLink AboutMIN 2018 0724 PC REG MINUTES OF THE PLANNING COMMISSION Moorpark, California July 24, 2018 A Regular Meeting of the Planning Commission of the City of Moorpark was held on July 24, 2018, in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Chair Hamous called the meeting to order at 7:05 p.m. 2. PLEDGE OF ALLEGIANCE: Commissioner Di Cecco led the Pledge of Allegiance. 3. ROLL CALL: Present: Chair Hamous, Vice Chair Aquino, Commissioner Haverstock, and Commissioner Di Cecco. Absent: Commissioner Landis. Staff Present: David Bobardt, Community Development Director; Joseph Fiss, Planning Manager; Freddy A. Carrillo, Associate Planner II; and Joyce Figueroa, Administrative Assistant II. 4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS: None. 5. PUBLIC COMMENT: None. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: None. 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON MEETINGS/CONFERENCES ATTENDED BY THE COMMISSION: None. Minutes of the Planning Commission Moorpark, California Page 2 July 24, 2018 8. PUBLIC HEARINGS: (next Resolution No. PC-2018-628) A. Consider Resolution Recommending Approval of Zoning Ordinance Amendment No. 2018-02, an Amendment to Chapters 17.08 (Definitions), 17.20 (Uses by Zone), 17.24 (Development Requirements), 17.28 (Standards for Specific Uses), and 17.44 (Application Review Procedures) of Title 17 (Zoning) of the Moorpark Municipal Code to Address Accessory Dwelling Units, Marijuana-Related Uses, Standards for Residential Roof Replacements Adjacent to Arterial Roads, Allowed Uses On Land Developed with Overhead Electrical Utilities, Outdoor Storage in an Industrial Park Zone, and Permit Approval Expiration, Time Extensions and Discontinuance of Use, and Determining that this Action is Exempt from the California Environmental Quality Act. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC-2018-628, recommending to the City Council the adoption of Zoning Ordinance Amendment No. 2018-02. Mr. Carrillo gave the staff report. A discussion followed among the Commission and staff, which focused on: 1) Replacement roofing other than concrete or clay tile; 2) Number of approved Accessory Dwelling Unit permits; 3) Number of Accessory Dwelling Units per lot; 4) Stamped Page 3 regarding whether the State is going to overwrite our City ordinances from prohibiting distribution of cannabis within their jurisdiction; 5) Stamped Page 5 regarding requirement of masonry wall when there is outdoor storage in an industrial park zone (M-1); and 6) Permit approval expiration of a Zoning Ordinance Amendment. Chair Hamous opened the Public Hearing. There were no speakers. In response to Chair Hamous, Mr. Bobardt stated there were no additional speaker cards or written cards for this item. Chair Hamous closed the Public Hearing. A discussion followed among the Commissioners supporting the project. MOTION: Commissioner Di Cecco moved and Chair Hamous seconded a motion to approve staff recommendation, with changes as proposed by the Commission, including adoption of Resolution No. PC-2018-628. The motion carried by voice vote 4-0, Commissioner Landis absent. The City Council has final approval authority for this project. Minutes of the Planning Commission Moorpark, California Page 3 July 24, 2018 B. Consider Resolution Recommending to the City Council Approval of Zoning Ordinance Amendment No. 2018-01, Amendments to Chapters 17.08 (Definitions), 17.20 (Uses by Zone), and 17.28 (Standards for Specific Uses), of Title 17 (Zoning), to Address Residential Short Term Rental Units; and Making a Determination This Action is Exempt from the California Environmental Quality Act. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; and 2) Adopt Resolution No. PC-2018-629, recommending to the City Council the adoption of Zoning Ordinance Amendment No. 2018-01. Mr. Fiss gave the staff report. A discussion followed among the Commission and staff, which focused on 1) Good Neighbor Brochure rental unit information packet; 2) How was 120 days determined for residential short term rental units to be available no more than 120 days in a calendar year; 3) Is there any kind of vehicle to furnish this information to the public regarding the process to obtain permits for an Airbnb; 4) Stamped Page 22, item B. 2. Distinction between an accessory dwelling unit and a guest house; 5) Zoning Clearances allowed in residential zones up to 30 days in a calendar year; 6) Stamped Page 23, item 8. Standards and regulations for allowable noise; 7) Requirement and cost to obtain a Business Registration from the city before renting or advertising a residential short term rental unit; 8) Fees for Zoning Clearance, Administrative Permit, Conditional Use Permit, and Administrative Permit; 9) Administrative Permit minimum notification to adjacent property owners and how public comments concerning the proposed use are addressed; 10) Occupancy requirement for the number of occupants allowed to occupy the rental unit; and 11) Decision of Administrator can be appealed on Administrative Permits. Chair Hamous opened the public hearing. The following Maureen Lane residents spoke in opposition of the resolution due to concerns regarding: 1) Neighborhood preservation; 2) Noise nuisance; 3) Over increased traffic; 4) Parking; 5) Safety; 6) Value of the properties; 7) Security; 8) Number of vehicles; and 9) Number of guests. Tim Bouchez Gino Tomasino Holly Daley Nicole Klotz D'Anne Moungey Paul Farley Minutes of the Planning Commission Moorpark, California Page4 July 24, 2018 Michelle Craft, Maureen Lane resident, owner of the Airbnb at 4809 Maureen Lane, discussed the short term vacation rental and stated she does not want to impact the livelihood of her neighborhood and is willing to compromise with her neighbor's requests and be in compliance. Mr. Bobardt addressed the Commission regarding the following concerns that were discussed: • Should STR's be allowed; • Can you allow a short term rental and maintain the purpose of a residential zone; • Number of days the permit process to determine the level of activity that is right for the residential zone; • Number of guests; • How are parking impacts mitigated; • Is there a limit to the number of cars that should be allowed associated with the guests; • Number of rooms; primary residence or guest house; but not both; • Is the use itself appropriate for the zones identified; and • What is the highest level of activity allowed while still maintaining that maintains the characteristics of a traditional residential neighborhood. In response to Chair Hamous, Mr. Bobardt stated there were no additional speaker cards or written cards for this item. Chair Hamous closed the Public Hearing. A discussion followed among the Commissioners regarding: 1) Number of days a room or dwelling can be rented; 2) Total number of guests allowed; 3) Number of on-site parking spaces by the occupants or guests; 4) The allowable number of bedrooms to be used for short term rental; 5) Owner should not be required to be on site one-hundred percent of the time; 6) Distinction between a short term rental and a rental unit; 7) A person renting a room to a student more than 30 days does not require a Business Registration; 8) A person renting to different students every week-end for 30 days or less requires a Business Registration; 9) If a lease is required when renting a room more than the 30 days the owner does not need to obtain a Business Registration; 10) House swapping does not fall under the same criteria as an Airbnb if there is no income being made on either house; 11) If a Conditional Use Permit were approved and there are violations the permit can be revoked through a full hearing process; 12) Filming Permits; 13) Amendment to notification radius for Administrative Permits to require a 400 foot noticing; 14) Amendment to allow only 1 principal dwelling or guest house on the Minutes of the Planning Commission Moorpark, California Page 5 July 24, 2018 property to be occupied as a short-term rental; and 15) Amendment to allow Administrative Permits and Conditional Use Permits in R1 and R2 zones. MOTION: Commissioner Haverstock moved to approve staff recommendation proposing an amendment to the ordinance, Section 17.20.050 Permitted Uses; Rental of 31 to 60 days in a calendar year to require a 400 foot noticing for an Administrative Permit; Section 17.28.080 Standards relating to residential short term rental units be amended to only one principal dwelling or one guest house on the property may be used in whole or part, as a residential short term rental unit); adding the Administrative Permit into the R-1 and R-2 zones for the 31-60 day calendar year rentals; and adding the Conditional Use Permit to the R-1 and R-2 zones for the 61-120 day rentals, including adoption of Resolution No. PC- 2018-629. The motion failed due to lack of a second. MOTION: Commissioner Di Cecco moved and Vice Chair Aquino seconded a motion to approve staff recommendation, proposing an amendment to the ordinance, Section 17.20.050 Permitted Uses; Rental of 31 to 60 days in a calendar year to require a 400 foot noticing; Section 17.28.080 Standards relating to residential short term rental units be amended to only one principal dwelling or one guest house on the property may be used in whole or part, as a residential short term rental unit; including adoption of Resolution No. PC-2018- 629. The motion carried by roll call vote 4-0, Commissioner Landis absent. The City Council has final approval authority for this project. 9. DISCUSSION ITEMS: None. 10. CONSENT CALENDAR: MOTION: Commissioner Haverstock moved and Commissioner Di Cecco seconded a motion to approve staff recommendation. The motion carried by voice vote 4-0, Commissioner Landis absent. A. Consider Approval of the Special Joint Meeting Minutes of April 11, 2018. (Continued from the July 24, 2018 Regular Planning Commission Meeting) Staff Recommendation: Approve the minutes. B. Consider Approval of the Regular Meeting Minutes of June 26, 2018. Staff Recommendation: Approve the minutes. Minutes of the Planning Commission Moorpark, California Page 6 July 24, 2018 11. ADJOURNMENT: MOTION: Commissioner Di Cecco moved and Commissioner Haverstock seconded a motion to adjourn the meeting. The motion carried by voice vote 4-0, Commissioner Landis absent. The time was 9:24 p.m )5214.1 B •c- Hamous, Chair ze /wf David . Bobardt, Community Development Director