HomeMy WebLinkAboutAGENDA REPORT 2020 0715 CCSA REG ITEM 08CCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of July 15, 2020
ACTION Approved Staff Recommendation,
Including Adoption of Resolution No. 2020-
3936. (Roll Call Vote: Unanimous)
BY B.Garza.
C. Consider a Resolution for Amendment No. 3 to SP 1995-01 (Downtown Specific
Plan) for Text Amendments pertaining to Mixed-Use Regulations within the
Specific Plan – Downtown Overlay Zone. Staff Recommendation: 1) Open the
public hearing, accept public testimony and close the public hearing; and 2)
Adopt Resolution No. 2020-3936 Amending SP 1995-01 (Downtown Specific
Plan). (ROLL CALL VOTE REQUIRED) (Staff: Karen Vaughn)
Item: 8.C.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Karen Vaughn, Community Development Director
DATE: 07/15/2020 Regular Meeting
SUBJECT: Consider a Resolution for Amendment No. 3 to SP 1995-01
(Downtown Specific Plan) for Text Amendments pertaining to Mixed-
Use Regulations within the Specific Plan – Downtown Overlay Zone
SUMMARY
In 1998, the City Council adopted Ordinance No. 247 establishing the Specific Plan -
Downtown (SP-D) Overlay Zone (Zoning Code Chapter 17.72) and Resolution No.
1998-1515 establishing the Downtown Specific Plan (DTSP). The DTSP sets forth a
vision for the downtown area which identifies certain commercial corridors, residential
areas, and mixed-uses along High Street. Section 2.2.5 Old Town Commercial (C-OT)
of the DTSP includes uses and development standards relating to mixed-use
development within this district.
On May 15, 2019, the City Council held a workshop to provide feedback on a downtown
mixed-use development proposal (High Street Station – The Daly Group) and also to
provide general policy guidance for downtown mixed-uses. At that meeting, the City
Council affirmed the following policy statements:
Design flexibility is appropriate for mixed-use projects.
Higher residential densities are appropriate when located within transit-oriented
development (TOD) hubs.
Flexible parking standards for mixed-use projects located within TOD hubs are
appropriate.
Mixed-Use Overlay Zone is the best tool to implement the vision.
In the time since the May 15 workshop, the City has elected to move forward with a
comprehensive update to the General Plan, which will look at land uses, economic
development and redevelopment of underperforming commercial properties throughout
Item: 8.C.
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the city. Preparation of mixed-use tools, including mixed-use overlay zones that can be
adapted citywide will roll into that effort.
On June 3, 2020, the City Council adopted Resolution No. 2020-3915 to initiate
amendments to the DTSP and directing the Planning Commission to hold a public
hearing to consider and provide a recommendation on such amendments.
On June 23, 2020, the Planning Commission held a public hearing and voted
unanimously (3-0, Haverstock absent, DiCecco recused) to forward a recommendation
to the City Council to approve the proposed text amendments.
BACKGROUND
Chapter 17.72 of the City’s zoning code establishes the SP-D Overlay Zone. Section
17.72.020 General Provisions states that “All provisions of the downtown specific plan
shall apply to the development and use of the properties within the downtown specific
plan overlay zone. Those provisions shall be supplemental to the regulations of the
underlying zone. In such cases where the specific plan development standards and the
standards for the underlying zone conflict, the specific plan development standards shall
apply.” Thus, the DTSP serves to supplement and add to the regulations of the
underlying zone.
The DTSP contains goals and a core vision for the revitalization of downtown to make it
an attractive and thriving place for the enjoyment and benefit of everyone. Within
Section 1.1 it states, “Revitalization and image building of Old Town Moorpark will
contribute to a memorable City identity, welcoming residents and visitors to downtown
Moorpark.”
In conjunction with the development of the DTSP, the City performed an analysis to
determine whether mixed uses (commercial plus residential) would be appropriate in
downtown. The study consisted of a survey of City/Statewide programs to determine
how mixed-use projects succeed or fail in downtown settings. The results, outlined in
DTSP Section 1.4.7 (Table 3), determined that mixed-use development would be
appropriate in the Commercial Old Town zone along the High Street corridor. The
analysis further found that “Increasing residential and office activities in downtown can
foster a healthy, diverse environment.” Based on this study and determination, mixed-
use development and associated regulations were built into Section 2 of the DTSP.
Since its inception, the DTSP has set the vision, pathway and regulations for mixed-use
development in downtown. Section 2.2.5 Old Town Commercial (C-OT) sets forth the
various development regulations for that district, and in particular for the development of
mixed-uses along High Street.
The DTSP is the regulatory document that allows and enables mixed-uses within
downtown. By providing for the uses themselves and the specific development-related
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regulations, the DTSP creates the framework for both new mixed-use development as
well as rehabilitation and redevelopment involving existing structures. The purpose of
the following proposed text amendments is to augment the existing mixed-use
regulations within the DTSP with the City Council’s 2019 policy guidance.
DISCUSSION
Section 2.2.5.A outlines the site development standards for development within the
C-OT district. These include:
1. Land uses and permitted uses;
2. Development requirements;
3. Parking and signage;
4. Building maintenance and renovation; and
5. Mixed use development.
It is this section that is the subject of the proposed text amendments. (The complete
text of the proposed amendments is included in legislative format within Attachment A.)
As noted above, the DTSP was originally written in the late 1990’s. While planning
development theories have changed in the intervening two decades, the City had the
foresight to allow for mixed-uses within downtown in order to attract new businesses,
downtown living opportunities, and create a vibrant street life.
Twenty years later, while the vision holds true, some of the development regulations
need updating in order to accommodate current-day building standards, laws,
environmental policies, and financial markets.
On May 15, 2019, the City Council held a study session and affirmed several policy
statements pertaining to mixed-use development in downtown. Those statements are:
Design flexibility is appropriate for mixed-use projects.
Higher residential densities are appropriate when located within transit-oriented
development (TOD) hubs.
Flexible parking standards for mixed-use projects located within TOD hubs are
appropriate.
The analysis provided below outlines the reasoning for the proposed text amendments
pertaining to mixed-use design, density and parking.
ANALYSIS
The proposed DTSP text amendments serve to clarify and update the regulations
pertaining to mixed-use development in downtown. The amendments do not introduce
any new uses nor design regulations that would alter the intent of the original DTSP
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vision. The amendments augment the existing regulations with updated policy guidance
as provided by the City Council in May 2019 related to mixed-use design, density and
parking.
Design
The DTSP development standards for mixed-use projects, as outlined in Section
2.2.5.5, require that the primary use be commercial and the residential use be
secondary to the commercial use. The development standards further require that
mixed uses be developed within the same building and that the entire ground floor be
used exclusively for retail/commercial uses. This does not allow for any part of a
residential dwelling unit to be located on the ground floor.
The general idea of ensuring that the ground floor looks, acts, and feels like commercial
space from the public vantage point is correct from an urban planning perspective.
Public life occurs at the ground level; therefore, the ground floor of a mixed-use building
should provide interest and an active interface with the public realm. It should entice
people to explore and engage, and should reinforce a sense of place within downtown.
There are, however, practical reasons to allow ground floor residential uses within a
mixed-use building. The goal is to design them in a way that they are inconspicuous
and do not interrupt the cadence of the commercial storefronts along the corridor.
In terms of primary vs. secondary uses, there is no standard ratio for mixed-use
development. The commercial and residential uses both act as primary uses. The
percentage of one use to the other is generally determined by the number of floors
within the building. The ground floor acts as the activity center and the upper floors are
purely residential. The key is to ensure that the project is designed in a way that the
ground floor commercial uses are more prominent than the residential uses. At the
pedestrian level, the building should appear to be a commercial building.
Second, the residential portions of mixed-use projects generally subsidize the
commercial components. Residential development is a lower risk investment as
housing is always in demand and financing is readily available. Also, residential
vacancy periods tend to be shorter and there are far more units to cover the occasional
vacancies. Commercial development, on the other hand, is a higher risk investment
because it is market-driven and vacancies can be much longer in duration. Thus,
allowing for a higher percentage of floor area to be dedicated to residential uses while
maintaining the active commercial uses along the pedestrian frontage makes sense.
Third, ground floor residential units can be adapted to be accessible units. Having
ground floor residential units removes the building code requirement for elevators within
the building. This reduces construction and operating costs for the project. It also helps
from a design standpoint as no elevator shafts would project above the roofline of the
building.
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Section 2.2.5.5 of the DTSP states, “The intent of allowing for mixed-use projects in the
old Town Commercial District is to provide continuous frontage of retail shops and
commercial business establishments at the street level, while providing opportunities for
downtown residential living.” The intent can be achieved through good design, such as
tucking ground floor residential units behind commercial liner shops that front onto High
Street. This would preserve the pattern of ground floor active establishments as viewed
and experienced from the public realm.
The vision of an active mixed-use corridor along High Street can be achieved while
providing flexibility in design. As noted above, the key is to take a thoughtful approach
toward the placement of active commercial uses along the public frontage. On May 15,
2019, the City Council affirmed that design flexibility is appropriate for mixed-use
projects. Based on the Council policy direction, the following text amendments
pertaining to design flexibility are proposed:
2.2.5.A.5. A mixed commercial-residential use project is a project in which
commercial uses will occupy all or a portion of the entire street level of a building
or group of buildings, and residential uses will primarily occupy portions or all of
the upper floors of that the same building(s). Residential uses may be allowed
on the street level of a mixed-use building so long as they are designed in a way
to be tucked behind commercial uses or otherwise hidden from the street
frontage. The intent of allowing for mixed-use projects in the Old Town
Commercial District is to provide for a continuous and activated public/private
interface frontage of retail shops and commercial business establishments at the
street level, while providing opportunities for downtown residential living behind
or above the commercial uses. The following requirements shall apply to these
mixed-use projects:
a. The primary use of the street level of a mixed-use building shall be
commercial. and the Residential uses on the street level of a mixed-use building
shall be secondary to and located behind the commercial use.
b. The street-facing frontage level of the commercial structure a mixed-use
building shall be utilized for commercial uses and not for parking.
c. The entire street-facing portion of the ground floor or street level, with the
exception of circulation access, shall be used exclusively for retail and other
active commercial uses 1. and no Residential dwellings or portions thereof may
shall be permitted to be located in whole or in part on the ground floor so long as
they are located behind commercial storefronts or otherwise designed to be
inconspicuous from the street frontage.
1 Active commercial uses are generally open to the public, generate a high volume of customer foot
traffic, provide window displays to promote views into the business, and seek goods that are typically
consumed onsite, carried away by customers or provide services of a person or business nature.
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Residential Density
The need for housing in the region and the state has hit a crisis level. With the passage
of SB330, the state declared a Statewide Housing Emergency through January 1, 2025.
As with all jurisdictions in California, the City of Moorpark has a regional housing needs
allocation (RHNA) set by the state. Moorpark’s RHNA for the current cycle (2014-2021)
is 1,164 housing units spread across various affordability levels. The upcoming cycle
(2021-2029) will see an additional allocation of 1,288 housing units for Moorpark.
Removing barriers to the construction of new housing units is key to fulfilling our
requirements.
As noted above, a City-initiated analysis determined that mixed-use development would
be appropriate in the Commercial Old Town zone, and the DTSP was written to allow
mixed-use development. This allowance aligns with current state and regional
initiatives to place high-density residential uses near services and transit. Transit-
oriented development (TOD) designations are intended to focus residential
development near public transportation in order to reduce traffic congestion and help
achieve greenhouse gas (GHG) emissions targets. The Moorpark Metrolink Station is
defined as a High Quality Transit Area (HQTA) by the Southern California Association of
Governments (SCAG) for purposes of regional transportation planning as well as RHNA
housing unit allocations.
Generally, from an urban planning perspective, the highest residential densities should
occur in the city core and near transit. These are areas that tend to provide the best
access to services including shopping, dining, entertainment, and public transportation.
Allowing higher densities within a downtown setting also helps to reduce development
pressure in residential areas away from the city center. Given the proximity of High
Street to the Metrolink Station, the area can support transit-oriented development which
would create compact, walkable, pedestrian-oriented development centered on high
quality public transportation.
On May 15, 2019, the City Council affirmed that higher residential densities can be
supported within mixed-use projects located within TOD hubs. Based on the Council
policy direction, the following language pertaining to density is proposed to be added to
Section 2.2.5.A.5 Mixed-Use Development:
Given the close proximity to public transit and local services, residential densities
associated with mixed-use projects in downtown may be higher than in other parts of
the City.
Parking
Parking standards are contained in both the DTSP and the zoning ordinance. In
reference to mixed-use development, Section 2.2.5.A.5.d of the DTSP states, “All of the
parking spaces required by the residential use shall be provided on-site to serve the
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residential units and shall be specifically designated and reserved for the exclusive use
of the residents.” The DTSP and the zoning ordinance provide several parking
incentives for High Street, including a 50% reduction in required commercial parking,
the reduction of parking requirements for eating and drinking establishments, and the
allowance of counting on-street parking spaces toward the commercial parking
requirements.
Because residential parking tends to be more long-term (overnight and weekends), staff
agrees with the DTSP requirement to accommodate all residential parking on-site and
that it be designated and reserved for residents. No amendments are proposed with
regards to residential tenant parking requirements.
Guest and commercial parking tend to be short-term and transient. These types of
short-term parking needs can appropriately occur in the public realm if there is ample
public parking options in the vicinity. In late 2019, the City contracted with Walker
Consultants to conduct a Downtown Parking Study. On January 15, 2020, the Council
received the report which detailed the existing inventory of downtown public parking
spaces, the peak utilization and capacity, and recommendations on how best to
leverage these assets. The downtown parking study acts as a baseline measurement
to which future utilization can be measured. In general, the report found:
• There are a total of 914 public parking spaces located downtown (798 excluding
the street parking spaces on Charles Street.);
• Peak downtown parking utilization occurs on weekdays, at which time 40% of
downtown public parking spaces are used;
• Utilization of downtown parking spaces during a theater event peaked at 29%
usage (Sunday matinee);
• The majority (77%) of cars parked downtown stayed for one to two hours (short-
term usage);
• Industry standard target utilization rate is 85%;
• There is an abundance of available public parking within downtown;
• Available downtown parking is significantly underutilized.
As noted above, the DTSP and zoning code already contain parking incentives for
commercial uses in downtown. There is, however, no specific text regarding guest
parking requirements for mixed-use development. Based on the City Council policy
direction for flexible parking standards within TOD hubs and the results of the downtown
parking study, the following text amendment pertaining to guest parking is proposed:
2.2.5.A.5.d. All off-street parking spaces required by the residential use shall be
provided on-site to serve the residential units and shall be specifically designated and
reserved for the exclusive use of the residents. Residential guest parking requirements
may be modified or waived when adequate public parking capacity is found to exist in
the vicinity of the project site.
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GENERAL PLAN CONSISTENCY
The General Plan Land Use Designation for downtown is “Downtown Specific Plan (SP-
D)”. This designation is intended to create a viable central business core, and
establishes a variety of uses that address community needs including commercial, civic,
visitor and residential uses. The proposed DTSP text amendments augment existing
development standards pertaining to mixed-use development, and do not introduce any
new uses or design standards that would be inconsistent with the policies or provisions
of the General Plan.
The proposed text amendments are consistent with and would serve to implement the
following General Plan goals and policies:
Land Use Goal 6: Encourage the use of Specific Plans in the undeveloped areas of the
community.
Policy 6.1: Specific Plans shall be utilized as a tool for implementation of General
Plan policies and priorities for larger land areas. The intent of each Specific Plan
is to achieve a long-term cohesive development program which is responsive to
the physical and economic opportunities and constraints of each individual
Specific Plan area.
Land Use Goal 9: Promote the revitalization of the downtown commercial core
(Moorpark Avenue area, Walnut Street, Bard Street, Magnolia Avenue, and High
Street).
Policy 9.1: The visual character of the downtown commercial core shall be
strengthened in order to attract a variety of commercial uses and to promote the
economic viability of downtown Moorpark.
Land Use Goal 13: Achieve a well-balanced and diversified economy within the City
which provides a variety of economic and employment opportunities.
Policy 13.3: The City shall encourage the coordinated revitalization of obsolete or
declining commercial areas, particularly focusing on the downtown area.
Housing Goal 2: Provide residential sites through land use, zoning and specific plan
designations to provide a range of housing opportunities commensurate with the City’s
needs.
Policy 2.4: Promote and encourage mixed-use residential and commercial uses
where appropriate as a means to facilitate development.
Housing Goal 4: Where appropriate, mitigate unnecessary governmental constraints to
the maintenance, improvement, and development of housing.
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Policy 4.4: Support infill development at suitable locations and provide, where
appropriate, incentives to facilitate such development.
ENVIRONMENTAL DETERMINATION
In accordance with the City’s environmental review procedures adopted by resolution,
the Community Development Director determines the level of review necessary for a
project to comply with the California Environmental Quality Act (CEQA). Some projects
may be exempt from review based upon a specific category listed in CEQA. Other
projects may be exempt under a general rule that environmental review is not
necessary where it can be determined that there would be no possibility of significant
effect upon the environment. A project which does not qualify for an exemption requires
the preparation of an Initial Study to assess the level of potential environmental impacts.
Pursuant to the California Environmental Quality Act (CEQA), the Community
Development Director has determined this project to be exempt in accordance with
Section 15061(b)(3) of the California Code of Regulations (CEQA Guidelines). The
proposed text amendments to the Downtown Specific Plan do not in and of themselves
have the potential for causing significant effects to the environment.
NOTICING
Public hearing notices for the proposed DTSP text amendments were mailed to all
property owners and tenants within the C-OT zoning district as well as a 1,000-foot
radius.
A newspaper ad was published in the Ventura County Star 10 days in advance of the
public hearing.
Notice of the public hearing was also published on the City’s website.
FISCAL IMPACT
None.
COUNCIL GOAL COMPLIANCE
This action would help to implement City Council Strategy 1, Goal 1.3 “Evaluate and
deploy tools for adaptive reuse of vacant and existing underutilized sites with property
owners.”
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STAFF RECOMMENDATION (ROLL CALL VOTE REQUIRED)
1. Open the public hearing, accept public testimony and close the public hearing;
and
2. Adopt Resolution No. 2020-____ Amending SP 1995-01 (Downtown Specific
Plan)
Attachment 1: Draft Resolution No. 2020-____ with Exhibit A
Attachment 2: Planning Commission Resolution No. 2020-652
Attachment 3: Comment Letter, dated June 22, 2020
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RESOLUTION NO. 2020-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, APPROVING AMENDMENT
NO. 3 TO SPECIFIC PLAN NO. 1995-01 FOR TEXT
AMENDMENTS PERTAINING TO MIXED-USE
DEVELOPMENT WITHIN THE DOWNTOWN SPECIFIC
PLAN OVERLAY ZONE
WHEREAS, on October 7, 1998, the City Council adopted Resolution No. 1998-
1515, approving Specific Plan No. 1995-01 (Downtown Specific Plan); and
WHEREAS, on October 21, 1998, the City Council adopted Ordinance No. 247,
establishing the Specific Plan – Downtown Overlay (SP-D) Zone; and
WHEREAS, on November 1, 2006, the City Council adopted Resolution No.
2006-2535, approving Amendment No. 1 to Specific Plan No. 1995-01 pertaining to
development and architectural styles; and
WHEREAS, on September 4, 2013, the City Council adopted Resolution
No. 2013-3213, approving Amendment No. 2 to SP No. 1995-01 pertaining to parcels
located at the corner of Everett Street and Moorpark Avenue; and
WHEREAS, on May 15, 2019, the City Council held a study session and
provided policy guidance to staff regarding the design, density and parking regulations
for mixed-use development in downtown; and
WHEREAS, on June 3, 2020, the City Council adopted Resolution No. 2020-
3915 to initiate amendments to the Downtown Specific Plan and directing the Planning
Commission to hold a public hearing to consider and provide a recommendation on text
amendments pertaining to mixed-use regulations; and
WHEREAS, on June 23, 2020, the Planning Commission held a duly noticed
public hearing to consider Amendment No. 3 to Specific Plan No. 1995-01 for text
amendments pertaining to mixed-use development within the SP-D Overlay Zone; and
WHEREAS, at its meeting of June 23, 2020, the Planning Commission
considered the agenda report and any supplements thereto and written public
comments; opened the public hearing and took and considered public testimony both
for and against the proposal; and reached a decision on this matter upon a 3-0 vote
(Haverstock absent, DiCecco recused) to forward a recommendation of approval to the
City Council; and
WHEREAS, on July 15, 2020, the City Council held a duly notice public hearing
to consider Amendment No. 3 to Specific Plan No. 1995-01 for text amendments
pertaining to mixed-use development within the SP-D Overlay Zone; and
ATTACHMENT 1
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Resolution No. 2020-____
Page 2
WHEREAS, at its meeting of July 15, 2020, the City Council considered the
agenda report and any supplements thereto and written public comments; opened the
public hearing and took and considered public testimony both for and against the
proposal; and
WHEREAS, the Community Development Director has determined that this
project is exempt from the provisions of the California Environmental Quality Act
(CEQA) by the general rule that CEQA only applies to projects that may have a
significant effect on the environment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council concurs with the Community Development
Director’s determination that this project is exempt from the provisions of CEQA by the
general rule that CEQA only applies to projects that may have a significant effect on the
environment.
SECTION 2. The City Council finds that Amendment No. 3 to Specific Plan
No. 1995-01 is consistent with the City of Moorpark General Plan.
SECTION 3. The City Council approves Amendment No. 3 to Specific Plan
No. 1995-01 in order to augment the regulations pertaining to mixed-use development,
as recommended by staff and shown in attached Exhibit A.
SECTION 4. This resolution shall become effective upon adoption.
SECTION 5. The City Clerk shall certify to the adoption of this resolution and
shall cause a certified resolution to be filed in the book of original resolutions.
PASSED AND ADOPTED this 15th day of July, 2020.
Janice S. Parvin, Mayor
Ky Spangler, City Clerk
Attachment: Exhibit A – Amendment No. 3 to Specific Plan No. 1995-01 (Downtown
Specific Plan)
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Exhibit A
2.2.5 Old Town Commercial (C-OT)
A. Site Development Standards
The table below is to be used as a reference tool. For more specific
requirements please refer to the particular subsections below.
1. Land Use and Permitted Uses
Uses in the Old Town Commercial designation
shall meet the requirements for the C-OT
designation as shown in Chapter 17.20 of the
Moorpark Municipal Code along with the uses
identified in Subsection 5 of this chapter below.
2. Development Requirements
Development in the Old Town Commercial designation shall meet the
requirements for the C-OT designation as shown in Chapter 17.24 and
Chapter 17.36 of the Moorpark Municipal Code with the exception of
building height which shall be 35 feet, maximum. Architectural elements
such as towers, chimneys, and parapet walls may have a maximum height
of forty (40) feet. Parapets used as architectural accents may exceed the
maximum height when approved by the Community Development Director.
Additional requirements pertaining to Mixed-Use development are included
in Subsection 5 of this chapter below.
3. Parking and Signage
Parking and signage shall meet the requirements of Chapter 17.32 and
Chapter 17.40, respectively, of the Moorpark Municipal Code, unless
otherwise modified by this chapter.
4. Building Maintenance and Renovation
Quality maintenance of existing buildings and parcels combined with
progress in meeting design goals for this land use designation are
encouraged. To this end, the maintenance guidelines and incentives
Site Development Standard Zoning Ordinance Reference
Land Use and Permitted Uses See Chapter 17.20
Development Requirements See Chapter 17.24 and 17.36
Fences and Walls See Chapter 17.24
Parking and Signage See Chapter 17.32 and 17.40
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outlined in Section 2.3.1 to 2.3.3 of this Specific Plan apply to the Old Town
Commercial designation.
5. Mixed -Use Development
A mixed commercial-residential use project is a project in which commercial
uses will occupy all or a portion of the entire street level of a building or
group of buildings, and residential uses will primarily occupy portions or all
of the upper floors of that the same building(s). Residential uses may be
allowed on the street level of a mixed-use building so long as they are
designed in a way to be tucked behind commercial uses or otherwise
hidden from the street frontage. The intent of allowing for mixed mixed-use
projects in the Old Town Commercial District is to provide for a continuous
and activated public/private interfacefrontage of retail shops and commercial
business establishments at the street level, while providing opportunities for
downtown residential living behind or above the commercial uses. Given
the close proximity to public transit and local services, residential densities
associated with mixed-use projects in downtown may be higher than in
other parts of the City. The following requirements shall apply to these
mixed -use projects:
a. The primary use of the street level of a mixed-use building shall be
commercial. and the residential Residential uses on the street level of
a mixed-use building shall be secondary to and located behind the
commercial use of the property.
b. The street-facing frontage level of a the commercial
structuremixed-use building shall be utilized for commercial uses and
not for parking.
c. The entire street-facing portion of the ground floor or street level,
with the exception of circulation access, shall be used exclusively for
retail and other active commercial uses1. and no dResidential
dwellings or portions thereof shall may be permitted to be located in
whole or in part on the ground floor or street levelso long as they are
located behind commercial storefronts or otherwise designed to be
inconspicuous from the street frontage.
d. All off-street parking spaces required by the residential use shall
be provided on-site to serve the residential units and shall be
specifically designated and reserved for the exclusive use of the
residents. Residential guest parking requirements may be modified or
1 Active commercial uses are generally open to the public, generate a high volume of customer
foot traffic, provide window displays to promote views into the business, and sell goods that are
typically consumed onsite, carried away by customers or provide services of a personal or
business nature.
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waived when adequate public parking capacity is found to exist in the
vicinity of the project site.
e. Where a project consists of more than ten (10) units, the project
shall be clustered in two or more buildings to reduce building mass
and create architectural interest.
f. Wall planes for buildings shall have design articulation consistent
with the design standards set for all buildings in the Old Town
Commercial district.
g. Direct access for parking areas and driveways is discouraged
along High Street. Access for parking and driveways shall be taken
from adjoining alleys or alternative streets when available. If a
parking area or driveway cannot be designed to avoid access from
High Street the driveway and parking area shall not occupy more
than 40% of the lot frontage, leaving the majority of the lot width for
commercial store front development.
h. Driveway access to parking shall be taken as close to a side lot
line as is feasible, rather than from the middle of the lot frontage.
Driveway alignment with existing intersections is encouraged, where
feasible.
i. Additions to existing buildings shall be designed to be integrated
with the existing building when the Community Development Director
has determined that the existing design is in conformance with the
Downtown Specific Plan. The new addition should match the original
in terms of scale, architectural details, window and door styles and
openings, roofline, materials, color and other aspects of design.
j. Where a large addition to an existing structure is developed, the
entire building should be renovated to achieve a single, coordinated
appearance.
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ATTACHMENT 2
163
164
165
166
167
10211 Sunland Blvd., Shadow Hills, CA 91040
(818) 650-0030 X101 dw@aenv.org
June 22, 2020
Karen Vaughn,
Community Development Director
City of Moorpark
799 Moorpark Ave.
Moorpark, CA 93021
Via U.S. Mail and email to KVaughn@MoorparkCA.gov
re: Amendment No. 3 to SP 1995-01, to be considered at June 23, 2020 Planning
Committee meeting
Dear Ms. Vaughn:
I write to comment on the City of Moorpark’s proposal to amend the Downtown
Specific Plan, as outlined in your Moorpark Planning Commission Agenda Report (Staff
Report) for that meeting. I comment on behalf of our client, the Committee to Preserve
Historic High Street.
The Specific Plan, as amended, does not comply with Gov. Code § 65451(a).
Gov. Code § 65451(a) requires a specific plan to include text and diagrams specifying,
in detail, “the distribution, location, and extent of uses of land, including open space, within
the area covered by the plan.” The Downtown Specific Plan, as amended (DTSP), comes
closest to satisfying this requirement via the table in section 2.2.5.A, which directs the reader
to “See Chapter 17.20” for “Land Use and Permitted Uses.” But Moorpark Municipal Code
(MMC) § 17.20 contains no information on land uses permitted in the Downtown Specific
Plan Overlay Zone (SP-D). Neither does LAMC Chapter 17.72, which is devoted to the
SP-D. And the information on permitted uses is not to be found in the General Plan Land
Use Element section on the Downtown Specific Plan.
In short, the Specific Plan, as amended, violates Gov. Code § 65451(a), because it does
not specify allowed land uses in the area covered by the plan.
The proposed density provision is so vague that it violates the law.
A land use ordinance cannot be so vague or uncertain that a person of common
intelligence and understanding must guess at its meaning. (See Zubarau v. City of Palmdale
(2011) 192 Cal.App.4th 289, 311.) The City’s proposed addition to DTSP § 2.2.5.A.5,
states that “…residential densities associated with mixed-use projects in downtown may be
Advocates for the Environment
A non-profit public-interest law firm
and environmental advocacy organization
ATTACHMENT 3
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City of Moorpark Page 2
Proposed amendments to Downtown Specific Plan June 22, 2020
10211 Sunland Blvd., Shadow Hills, CA 91040
(818) 650-0030 X101 dw@aenv.org
higher than in other part of the City.” This provision gives unlimited discretion to the City
to increase densities in the DTSP area, and violates the law through its vagueness, because a
reasonable person cannot use it to determine the maximum allowable density.
The CEQA common-sense exemption does not apply to the SP amendments.
The Staff Report states, on page 9, that the Community Development Director has
determined this [DTSP amendment] project to be exempt in in accordance with Section
15061(b)(3) of the CEQA Guidelines. That Guidelines section contains the “common sense
exemption,” which applies to projects “where it can be seen with certainty that there is no
possibility that the activity in question may have a significant effect on the environment.”
That is not the case here. The density provision that the City proposes to add to
DTSP § 2.2.5.A.5 allows effectively unlimited density in the DTSP area. Projects with
extremely high densities would have significant environmental impacts, which would need to
be analyzed in an Environmental Impact Report before the City approves them. The
common-sense exemption does not apply to the proposed DTSP amendments; they are
subject to CEQA. The City must do an initial study, followed by a Mitigated Negative
Declaration or EIR before approving the amendments.
Conclusion
To comply with the law, the City should revise the proposed amendments to the
Downtown Specific Plan to, and perhaps revise the zoning for that area, to correct the
defects cited above. The City must also perform an environmental review before adopting
the proposed amendments.
Sincerely,
Dean Wallraff, Attorney at Law
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