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HomeMy WebLinkAboutAGENDA REPORT 1993 0519 CC REG ITEM 09A q. A • • 7 J z ITEM ;SORPARK, CALIFORNIA City C• •-1 Meeting AGENDA REPORT of 199-31 TO: The Honorable City Council ACTION:'.4c1.4i. 1 i o/ FROM: Jaime Aguilera, Director of Community Developm- '� Prepared by Paul Porter, Senior Planner By '. r 'Ell . DATE: May 13, 1993 (CC meeting of May 19, 1993) SUBJECT: PUBLIC HEARING FOR ZONE CHANGE 93-1 (MOORPARK WEST) ON INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 90-11 (LOT 23 OF PARCEL MAP NO. LDM-10 - APN. 511-0-162-01 - A REQUEST TO CHANGE ZONING FROM M-2 (LIMITED INDUSTRIAL) TO M-1 (INDUSTRIAL PARK) Background On October 16, 1991, the City Council adopted Resolution No. 91-809 approving IPD-90-11 on the application of Moorpark West and Murray Siegal subject to compliance with the Conditions of Approval. IPD Permit Lot Size Building Size 90-11 29,953 sq. ft. 13,636 sq. ft. Discussion The applicant applied for Minor Modification No. 3 to IPD 90-11 and a Zone Change from M-2 (Limited Industrial) to M-1 (Industrial Park) on April 7, 1993 . Zone Change Request The subject parcel is designated I-2 (Medium Industrial) on the Land Use Element of the General Plan. According to the General Plan/Zoning Compatibility Matrix located within the text of the Land Use Element, M-1 Zoning is not listed as being compatible with the I-2 designation. However, when reviewing the types of allowed uses in the I-2 areas, as found within the definition of I-2, the I-2 designation includes light manufacturing types of uses . Staff is of the opinion, that because this property is contiguous with M- 1 zoned property and the fact that a proposed church use would be considered compatible with light manufacturing, that the rezoning of this property to M-1 would be consistent with the Land Use Element of the General Plan. The Planning Commission heard the request for the Zone Change at a duly noticed public hearing on May 3, 1993 and adopted Resolution No. PC 93-276 recommending that the City Council approve the requested Zone Change from M-2 to M-1 (see attached Resolution) . PP05:13:93/3:09pmA:\ZONCHG.CC 1 CEQA Compliance Staff is of the opinion that the proposed Zone Change is categorically exempt pursuant to State CEQA Guidelines pursuant to Section 15061 (b) (3) in that the proposed amendments to the Zoning Ordinance does not have the potential for causing a significant effect on the environment. Recommendations 1, Open the public hearing and accept public testimony. 2 . Determine that the proposed Zone Change is consistent with the General Plan. 3. Determine that the proposed Zone Change is categorically exempt pursuant to State CEQA Guidelines pursuant to Section 15061 (b) (3) in that the proposed amendments to the Zoning Ordinance does not have the potential for causing a significant effect on the environment. 4 . Close the public hearing and introduce for first reading the attached Ordinance approving Zone Change No. 93-1 from M-2 to M-1. Attachments: 1. Findings 2 . Planning Commission Resolution 3. Ordinance with Zone Change Map 4. Planning Commission staff report dated April 7, 1993. PP05:13:93/3:09pmA:\ZONCHG.CC 2 ZONE CHANGE FINDINGS 1. That the proposed Zone Change is in conformance with the updated Land Use Element of the General Plan. 2 . That the public necessity, convenience, general welfare, and good zoning practice require that the property be rezoned. ATTACHMENT 1 PP05:04:93/9:40amA:\MINMOD3.CC 4 RESOLUTION NO. PC-93 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK RECOMMENDING APPROVAL TO THE CITY COUNCIL OF ZONE CHANGE 93-1. ASSESSOR'S PARCEL NO. 511-162-01 - 12039 HERTZ STREET, MOORPARK, CALIFORNIA Whereas, at duly noticed hearing on May 3, 1993, the Planning Commission considered the application filed by Moorpark West requesting approval of Zone Change 93-1. The address of the proposed Zone Change is 12039 Hertz Street (Assessor's Parcel No. 511-162-01) ; and Whereas, at it's meeting of May 3, 1993, the Planning Commission opened the public hearing, took testimony from all those wishing to testify and closed the public hearing; and Whereas, the Planning Commission has determined that the proposed Zone Change is categorically exempt pursuant to State CEQA Guidelines pursuant to Section 15061 (b) (3) in that the proposed Zone Change does not have the potential for causing a significant effect on the environment; and Whereas, the Planning Commission after review and consideration contained in the staff report dated April 7 1993, has reached a decision on this matter. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA DOES RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission recommends that the City Council determine that the proposed Zone Change is categorically exempt pursuant to State CEQA Guidelines pursuant to Section 15061 (b) (3) in that the proposed Zone Change does not have the potential for causing a significant effect on the environment. SECTION 2 . The Planning Commission adopts the findings contained in the Planning Commission Staff Report dated April 12, 1993, which is incorporated herein by reference as though fully set forth. SECTION 3 . The Planning Commission recommends to the City Council approval of Zone Change 93-1 pursuant to the findings contained in the staff report dated April 12, 1993, which is incorporated herein by reference as though fully set forth. Attachment 2 PP05:04:93/9:40amA:\MINMOD3.CC 5 The action, with the foregoing direction was approved by the following roll call vote: AYES NOES: ABSENT: PASSED, APPROVED AND ADOPTED THIS 3RD DAY OF MAY, 1993 . Chairman presiding: Michael H. Wesner, Jr. ATTEST: Celia LaFleur, Secretary Attachment: Finding PP05:04:93/9:40amA:\MINMOD3.CC 6 ZONE CHANGE FINDINGS 1. That the proposed Zone Change is in conformance with the updated Land Use Element of the General Plan. 2 . That the public necessity, convenience, general welfare, and good zoning practice require that the property be rezoned. PP05:04:93/9:40amA:\MINMOD3.CC 7 ITEM 7 f ; . AGENDA REPORT TO: The Planning Commission FROM: Jaime Aguilera, Director of Community Development Prepared by Paul Porter, Senior Planner DATE: April 7, 1993 (PC meeting of May 3, 1993) SUBJECT: IPD 90-11 - MOORPARK WEST (MINOR MODIFICATION NO. 3) TO REDUCE SIZE OF APPROVED BUILDING AND AUTHORIZE OCCUPANCY BY SHILOH CHURCH AND ZONE CHANGE 93-1 FOR ZONE CHANGE FROM M-2 TO M-1 Background On October 16, 1991, the City Council adopted Resolution No . 91-809 approving IPD-90-11 on the application of Moorpark West and Murray Siegal subject to compliance with the Conditions of Approval . IPD Permit Lot Size Building Size 90-11 29 , 953 sq. ft . 13, 636 sq . ft . Discussion On April 7 , 1993 , the applicant applied for Minor Modification No . 3 to IPD 90-11 and a Zone Change from M-2 (Limited Industrial ) to M-1 ( Industrial Park) . Minor Modification No. 3 is a request to: 1. Reduce the approved building size from 13, 636 square feet to 11, 359 square feet. 2 . Remove the approved loading zone for the purpose of increasing the number of parking stalls from 32 to 38 . 3 . Removing overhead doors and replacing them with aluminum windows . 4 . Increasing the landscaping from 4 ,078 square feet to 4 ,448 square feet. 5 . Authorize the Shiloh Church to occupy the proposed building. 6 . Allow off-site parking agreement pursuant to section 8108-1 . 3 . 2 of the Zoning Ordinance. PP12:08:92/5:47pmA:\MINMOD1.CC 1 ATTACHMENT 4 Description of Church Operations The Shiloh Church is a religious corporation which is organized under the Nonprofit Religious Corporation Law exclusively for religious purposes . The purpose of the church, as explained by Pastor Hale, is to carry out God 's purpose as expressed in the New Testament which includes proclaiming the gospel with the view that persons will accept it, helping Christians to mature in their faith, developing a healthy and dynamic church body that works toward meeting physical, social, emotional and spiritual needs both within the church and the community. As proposed, the purpose of the church does not include day care or classroom (school ) facilities . Hours of Operation The main meetings each week are church worship services on Sunday mornings . The service times change depending on the time of year to accommodate the church families . During some of the holidays , there may be multiple services to accommodate the community ( ie. Christmas Eve, Easter, and special church birthday services, etc . ) The building will be utilized most of the day on Sundays for worship services, bible classes and youth programs . The facility will be used for weddings on Saturdays . During weekdays the office facility will be used by Pastoral staff (one Pastor and one secretary) , secretaries , and any volunteers helping to administrate the work of the church. Children' s Programs such as "Kids Summer Adventure Series" and parent/children programs will also take place during the week. During weekday evenings, the church will conduct bible studies, support groups, as well as Pastor' s counseling. The pastor indicates that the church desires to eventually open their meeting rooms to support groups in the community. Typically, the office hours will be from approximately 9 : 00 a.m. to 5: 00 p.m. with Bible Studies beginning from 7 : 00-8 : 00 p.m. and lasting until 8 : 30- 9 : 00 p.m. Vehicle Trips Per Day On the average, the church indicates there will be 3 to 5 cars at the church office during the week. The number of vehicle trips during the weekday evenings will depend on how many groups and counseling sessions would be taking place at the same time. A majority of the traffic taking place during the weekends would be on Sunday mornings during, before, and after the services . It is expected that the number of trips per day for the church will not exceed the number of trips generated by an industrial user. Further, the trips generated by the church will occur at off-peak periods and days . PP12:08:92/5:47pmA:\MINMODI.CC 2 Occupancy Load The Pastor has indicated that they expect an ultimate occupancy load of approximately 240 people for worship and 180 people for Bible School . There are two worship services on Sunday which are spaced apart with enough time between them to give people an opportunity to leave the facility before the beginning of the second service. The Pastor informed staff that with proper planning, the church will be able to accommodate up to three Sunday worship services . At the present time, the church accommodates approximately 200-210 persons . About one-half of those are adults with the other half being children. Parking IPD 90-11 was approved with 32 on-site parking spaces . With the reduction in the size of the building, the amount of on-site parking will increase to 38 spaces . The required number of parking spaces for the church facility based on 240 seats in the assembly area would be 60 spaces . As the proposed building does not have the required number of on-site spaces to accommodate the required parking, the applicant has indicated that they intend to obtain the remainder of the required parking spaces (22 ) from the Moorpark West properties and have a recorded lease for the additional parking spaces for as long as the church is located in the industrial building. Off-site parking is allowed pursuant to Section 8108-1 . 3 . 2 of the Zoning Ordinance. Section 8108-1 . 3.2 of the Zoning Ordinance states as follows: Sec . 8108-1. 3.2 - Location - Off-street parking spaces shall be located on the same lot as the building or use that they are to serve, or located on an adjacent or contiguous lot pursuant to an agreement with the City that the lots in question be held as one lot in perpetuity, or pursuant to the dissolution of the line separating such lots, except that: in M-Zones, off-street parking may be provided off-site if all of the following apply: a. Such off-street parking is located within 500 feet of the property to be served; b. The amount of off-site parking satisfies not more than 50 percent of the parking requirements of the activity for which the parking is provided; c . The site of the parking lot is in the same ownership as the principal use, or is under a recorded lease with the use that provides that the PP12:08:92/5:47pmA:\MINMODI.CC 3 parking will exist as long as the use it serves, unless the parking is replaced with other spaces that satisfy the requirements of this Article; and d. The parking lot is not located in a residential zone. The church application complies with this section of the Zoning Ordinance. Zone Change Request The subject parcel is designated I-2 (Medium Industrial) on the Land Use Element of the General Plan. According to the General Plan/Zoning Compatibility Matrix located within the text of the Land Use Element, M-1 Zoning is not listed as being compatible with the I-2 designation. However, when reviewing the types of allowed uses in the I-2 areas, as found within the definition of I-2 , the I-2 designation includes light manufacturing types of uses . Staff is of the opinion, that because this property is contiguous with M- 1 zoned property and the fact that a proposed church use would be considered compatible with light manufacturing, that the rezoning of this property to M-1 would be consistent with the Land Use Element of the General Plan. Ordinance Requirements At the present time, the Zoning Ordinance allows churches in the M- 1 zone with an approved Conditional Use Permit, but they are not allowed in the M-2 zone; however, on April 7 , 1993 , the City Council had the second reading of Ordinance No. 162 which will make the following modification to Section 8105-5 Permitted Uses in Commercial and Industrial Zones: Section 8105-5 - "Churches are a permitted use in the M-1 zone with an approved Industrial Planned Development Permit (IPD) . Churches shall be allowed in existing buildings approved as part of a Planned Development Permit subject to a modification to that Permit. This Ordinance, which will go into effect on May 7 , 1993, in conjunction with approval of a Zone Change from M-2 to M-1, will allow the Shiloh Church to occupy the industrial building with approval of a Minor Modification to IPD 90-11 . CEQA Compliance Staff is of the opinion that the proposed Zone Change is categorically exempt pursuant to State CEQA Guidelines pursuant to Section 15061 (b) (3) in that the proposed amendments to the Zoning Ordinance does not have the potential for causing a significant effect on the environment. PP12:08:92/5:47pmA:\MINMOD1.CC 4 Director's Review of Minor Modification The Director of Community Development has reviewed ti e h pro proposedd Minor Modification and plans to Conditionally approve to Resolution No. 88-523, the Director has the authority to approve Minor Modifications . This matter will be presented to the City Council as a courtesy uestthe time the Cit for the Zone Change,Council makes a on the request q Recommendations 1, Open the public hearing and accept public testimony. 2 . Determine that the proposed Zone Change is consistent with the General Plan. 3 . Determine that the proposed Zone Change is categorically exempt pursuant to State CEQA Guidelines pursuant to Section 15061 (b) (3) in that the proposed oaamendments oto tthe Zoning Ordinance does not have the pen significant effect on the environment. 4 . Close the public hearing and adopt Resolution No. PC-__ frommM-2dtoog1t 1 t ndCMinoroModifl icaptionallo.f 3t htoZIPDn9g 0-11. ge from Attachments : 1 . Findings 2 . Conditions for minor Modification No. 3 to IPD 90-11 3 . Planning Commission Resolution 4 . Revised plot plan for IPD 90-11. 5 . Zone Change Map PP12:08:92/5:47pmA:\MINMOD1.cc 5