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Home My WebLink AboutAG RPTS 1988 0502 PC REGJOHN PATRICK LANE Mayor ELOISE BROWN Mayor Pro Tom JOHN GALLOWAY Councilmember CLINT HARPER, Ph.D. Councilmember BERNARDO M.PEREZ Councilmember MAUREEN W. WALL City Clerk MOORPARK A G E N D A STEVEN KUENY City Manager CHERYL J. KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police THOMAS P. GENOVESE City Treasurer MOORPARK PLANNING COMMISSION MEETING OF: Monday, May 2, 1988 7:00 p.m. 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. PUBLIC COMMENTS 5. APPROVAL OF MINUTES Minutes of April 18, 1988 6. CONSENT CALENDAR A. RESOLUTION NO. PC -88 -172 - MIKE AND ROBIN HOROWITZ A RESOLUTION OF THE MOORPARK PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, CONDITIONALLY APPROVING INDUSTRIAL PLANNED DEVELOPMENT PERMIT NO. 88 -1, CONDITIONAL USE PERMIT NO. 88 -1 AND VARIANCE NO 88 -1 ON THE APPLICATION OF MIKE AND ROBIN HOROWITZ FOR THAT CERTAIN REAL PROPERTY LOCATED ON FITCH AVENUE, NORTH SIDE, 85 FT. EAST OF FLINN AVENUE. B. RESOLUTION NO. PC -88 -173 A RESOLUTION OF THE MOORPARK PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP NO. 4449 ON THE APPLICATION OF LAWANDA J. REED. ----------------------------------------------------------------------------------------- Those who wish to address the Moorpark Planning Commission on any item, are required to fill out a Speaker's Card and present it to the Secretary prior to the item being !^`heard or they may not be heard. 799 Moorpark Avenue Moorpark, Califomia 93021 (805) 529 -6864 AGENDA - PLANNING COMMISSION Page 2 7. PUBLIC HEARINGS (Old Business) None. 8. PUBLIC HEARINGS (New Business) None. 9. PLANNING COMMISSION ACTION ITEMS A. APPEAL NO. 4 - Q Appeal of an administrative decision. The US sprint Communications Network Route Development proposes to install an underground fiber optic communication cable directly within the Southern Pacific Railroad right -of -way through the City of Moorpark. E The above development permit cases were approved by the City in 1986. At the time of approval certain conditions were imposed upon the applicant. One of these conditions required the Planning Commission to approve the final materials and colors of the buildings to be built. C. DRAFT COMPREHENSIVE PLANNING ORDINANCE 10. INFORMATION ITEMS 11. COMMISSION COMMENTS 12. STAFF COMMENTS 13. ADJOURNMENT ----------------------------------------------------------------------------------------- Copies of the reports or other written documentation relating to each item of business on the agenda are on file in the office of the Department of Community Development and are available for public review. Any questions concerning any agenda item may be directed to the Department of Community Development, 799 Moorpark Avenue, Moorpark, California. (805) 529 -6864. I PATRICK LANE Mayor eLOISE BROWN Mayor Pro Tem CLINT HARPER, Ph.D. Councilmember JOHN GALLOWAY Councilmember BERNARDO M. PEREZ Councilmember MAUREEN W. WALL City Clerk r MOORPARK CITY OF MOORPARK ) COUNTY OF VENTURA ) ss STATE OF CALIFORNIA ) STEVEN KUENY City Manager CHERYLJ.KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police THOMAS P. GENOVESE City Treasurer I, Celia LaFleur, Administrative Secretary to the Department of Community Development of the City of Moorpark, County of Ventura, State of California, do hereby certify under penalty of perjury, that I posted a copy of the Moorpark PI nning Commission Agenda for the meeting of %l�7 �!� ��6� at the following location: CITY HALL 799 Moorpark ,Avenue Moorpark, California 93021 Said agenda shall remain in place until after the meeting so available for public review for at least '72 hours prior to the pursuant to Section 54954 et.seq. of the California Government Executed on this aSj06 day of / Moorpark, California Celia LaFleur Administrative Secretary that it is meeting, Code. II PJR:crl 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 f MOORPARK ITEM , u r nov%P%P' ' JOHN PATRICK LANE STEVEN KUENY Mayor VpP'( C City Manager ELOISE BROWN o°P s°9 CHERYL J. KANE Mayor Pro Tern £ City Attorney JOHN GALLOWAY PATRICK RICHARDS, A.I.C.P. Councilmember - ° Director of MOORPARK, CALIFORNI m Community Development CLINT HARPER, Ph.D. Planning Commission Meetin 9°° ' R. DENNIS DELZEIT Councilmember 8 BERNARDO M. PEREZ of `�7 �� 198 ._ � City Engineer Councilmember JOHN V. GILLESPIE MAUREEN W. WALL ACTION; �U22a Chief of Police City Clerk �� - THOMAS P. GENOVESE !� Giati lP� City Treasurer By M E M O R A N D U M TO: 'The Planning Commission FROM: Patrick J. Richards, Director of Community Development DATE: April 25, 1988 (PC meeting of 5/2/88) SUBJECT: APPEAL OF AN ADMINISTRATIVE DECISION - APPEAL NO. 4 - US SPRINT NETWORK ROUTE DEVELOPMENT Background The US sprint Communications Network Route Development proposes to install an underground fiber optic communication cable directly within the Southern Pacific Railroad right-of-way through the City of Moorpark. The Southern Pacific Railroad property is currently zoned M-1 . Section 8141-0.3 of the Moorpark Municipal Code requires all industrial uses within an "M" zone to be established under the review procedures of a Development Plan. Discussion Section 8141-1 .2. 10 of the City's zoning code (see attached) lists permitted uses within the M-1 zone. It was the opinion of staff that since fiber optic communication cables were not listed; this section appeared to be the most logical place to put such a use. Section 8141-1 .5 of the code (see attached) lists oil and gas transmission lines as requiring a Conditional Use Permit. One could argue that fiber optic cables might also be placed within this section. Regardless of which section one views, it is staff's opinion that an approval, with possible conditions, is the correct procedure to address the applicants request. PJR:crl 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864 April 25, 1988 Page 2 The applicant states that there are to be no above grade structures and once work is completed no evidence of the cable will remain. If the purpose of the Development Permit or Conditional Use Permit is to consider conditions of development and there does not appear to be any in this case; the process comes under question. Recommendation 1 . Uphold the opinion of the Director of Community Development to require the processing of an Industrial Planned Development; or 2. Determine that the code does not address this specific use and that the Commission finds the purpose and intent of the Industrial Planned Development best served by not requiring an Industrial Planned Development. PJR:crl USPRINTC/CHRONI C I T Y OF M O O R P A R K 799 Moorpark Avenue Moorpark, California 93021 APPEAL FORM TO: City Council Appeal No. -L� Planning Commission I hereby appeal the decision of the Director of Camunity Develo=t which was given on April 13 , 1988 The decision was as follows : That US Sprint Cam unications Company must file an Industrial Planned Development permit based on Section 8141-1.2.10 and 8141-0.3 of the Nborpard Municipal Coles per letter dated April 13, 1988 from Patrick J. Richards. Said letter is attached hereto and made a part hereof as Exhibit A. The grounds of appeal are : (attach extra sheets as needed) 1) The documents for the environmental studies for Ventura County are being processed at this time for our Negative Declaration, 2) US Sprint is placing an underground fiber optic communications system cable directly within the Southern Pacific railroad right-of-way; therefore there will be no above grade structures and that US Sprint is an interstate carr-jen with no distribution points within the city of Moorpark. I request that the appropriate decision-making body take the following action: That the requirement for an Industrial Planned Development permit or a Conditional Use Permit be waived based on the grounds as stated above for this appeal. Name of Appellant US Sprint Cotmunications Company Address of Appellant 973 Fast Front St., Ventura, California 93001 Telephone Number of Appellant ( 805 ) 643-4083 Is the appellant a party in the application? YES If not, state basis for filing appeal as an "aggrieved person" . RANDATL F.( ature of ApIffellant) Contract Field ant for US Sprint Network Route Development Date : April 22, 1988 5/84 R E C E I P T Appeal and deposit fee of - - �-�- Received at 'r' m. , on t`�ti- ' [- - , 19 NIALL FRITZ Director of Community Development By APPEAL PERIODS A. Appeals of all entitlements , permits and administrative decisions shall be filed within 10 calendar days (15 calendar days for subdivision matters) following the date of approval , conditional approval , denial or date of the alleged error. (Section 8111-8 . 2) *** B. An appeal of a Planning Commission decision shall be filed within 10 calendar days (15 calendar days for subdivision matters) following the date a decision was rendered. (Section 8111-8 . 2) *** C. An appeal of an environmental decision shall be filed within 10 working days following the date a decision was rendered. *** If the end of an appeal period falls upon a weekend or holiday, the appeal must be filed by 5 : 00 p.m. on the first working day thereafter. �� Page of 3 MOORPARK JOI I PATRICK LANE STEVEN KUENY Mayor oPPK °q� City Manager ELOISE BROWN o P °v CHERYL J. KANE Mayor Pro Tern f City Attorney JOHN GALLOWAY PATRICK RICHARDS, A.I.C.P. Councilmember i O Director of CLINT HARPER, Ph.D. o m Community Development Councilmember °o o R. DENNIS DELZEIT BERNARDO M. PEREZ 4"TFO ��` City Engineer Councilmember JOHN V. GILLESPIE MAUREEN W. WALL Chief of Police City Clerk THOMAS P. GENOVESE City Treasurer April 13, 1988 Mr. Kelly B. Brackman U.S. Sprint Communication Company 973 E. Front Street Ventura, Ca. 93001 RE: PROPOSED FIBER OPTIC NETWORK Dear Mr. Brackman: First of all I would like to apologize for the length of time that has elapsed since you first contacted me. The City Attorney has advised me that no franchise is required by the City and the City's Zoning Code under Section 8141-1.2. 10 allows such public services used as a permitted use within the M-1 Zone. The railroad right-of-way is currently zone M-1 thru the City of Moorpark. Section 8141-0.3 of the Moorpark Municipal Code requires that all industrial uses in all "M" Zones are subject to established review procedures including approval of a Development plan as appropriate and subsequent to issuance of a Zoning Clearance. Therefore, U.S. Sprint must file with the City of Moorpark a request for an Industrial Planned Development permit. The filing fee is $1,X O and you must appear before the City Planning Commission for approval. I would suggest that you stop into my office so the, process and timing can be better explained. Should you have any questions regarding the above please feel free to call me. S'ncerely, atrick J.' ichards Director o Community Development 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864 EXHIBIT "A" Page 2 of 3 ARTICLE 23 INDUSTRIAL DISTRICTS Sec. 8141-0 - INDUSTRIAL DISTRICTS EXPLAINED Sec. 8141-0.1 - Effectuation - The provisions of this ordin- ance shall become e ective thirty (30) days following the prescribed public hearings resulting in adoption of ordin- ances by the Board of Supervisors which reclassify existing manufacturing zoned lands to industrial districts ; Sec. 8141-0 . 2 - Purpose - The explanation contained herein is intended to serve as a guide for understanding and interpret- ing the provisions of the industrial regulations in order to provide consistent and equitable application and enforcement; Sec. 8141-0.3 - Industrial Regulations Established - The three industrial districts established in this Article are as follows: M-1, Industrial Park District; M-2, Limited Industrial District; and M-3, General Industrial District. For each district, there is a statement of .purpose, a generalized description of the different types of uses permitted, and a designation of property development and operational performance standards. Industrial uses in all districts are subject to established review procedures including approval of a Development Plan or Conditional Use Permit, as appropriate, and subsequent issuance of a Zoning Clearance. A Development Plan shall be processed as a discretionary administrative permit pursuant to Article 43; `AM. ORD. 3057-9/16/75-AM. ORD. 3638-2/22/831 Sac. 8141-0 .4 ` Factors Consi_dere3 in Writing the Ordinance - The following factors are basic considerations in the design of the industrial districts : Sec. 8141-0.4. 1 - The reed for a clear definition of what development and operational performance standards are expected in each district ; Sec. 8141-0 .4. 2 - The need for a clear definition of what means of protection are afforded industrial developers and operators , surrounding urban uses , and the general public ; Sec. 8141-0 .4. 3 - The need for flexibility to permit adapt- ability to changes in industrial modes of operation and the most expeditious processing of industrial location natters ; 434 OC-2 a � - E=IT "A" Page 3 of 3 Sec . 8141-1 . 2 . 10 - Public service uses , such as electri- cal distribution substations , telephone exchanges or communications buildings , post offices , fire and police stations , water and gas local service Facilities , broad- casting studios , radio and microwave transmission towers , and similar uses ; Sec . 8141-1 . 2 . 11 - Agriculture , except the raising of ani- mals and fowl for commercial purposes or the sale of any products at retail on the premises ; Sec. 8141-1 . 2 . 12 - The reasonable expansion or evolution of a legally established use whose expanded or altered sphere of activity may include uses or operations normally considered M-2 or M-3 t'vnPs of l?ses or operations but which are capable by various means of meeting the performance standards established for the M-1 District ; Sec . 8141-1 .2 . 13 - Other similar uses which the Planning Director finds compatible with the Principally Permitted Uses described herein; consistent with the purpose and intent of the M-1- District and not of a type to adversely affect the use of adjoining properties . The Planning Director may make findings based on these criteria or may refer to the Planning Commission for hearing certain controversial classification matters . Appeals from the findings of the Planning Director shall be made within ten (10) days in writing to the Planning Commission (AM. ORD. 2845 - 5/14/74) . Sec. 8141-1 .3 - Accessory Uses - The following are the acces- sory uses permitted in the M-1 District : Sec . 8141.-1 . 3 . 1 - Limited repair operations for products described as Principally Permitted Uses and commercial sales and service incidental to a Principally Permitted Use , provided such operations are housed as a part of the building or buildings comprising the basic operation; Sec . 8141-1 . 3 .2 - Dwelling units , limited to not more than one per establishment , for security or maintenance per- sonnel and their families , when located on the premises where they are employed in such capacity. No other resi- dential use shall be permitted; Seca 8141-1 .3 . 3 - Employee recreation facilities and play areas ; Sec . 8141-1 . 3 .4 - Restaurant , cafe , or cafeteria operated in conjunction with a Principally Permitted Use for the convenience of persons employed on the premises ; 439 OC-1 Sec. 8141-1 .4. 10 - Commercial and service type uses which are intended primarily to serve the needs of the M-1 District are compatible with the permitted types of in- dustrial uses or will not interfere with the orderly development of the industrial area; Sec. 8141-1.4. 11 - Churches , temples , or other buildings used for religious worship. (REP. ORD.3549-6/2/81/EN. ORD. 3553-7/21/81) Sec. 8141-1.5 - CONDITIONALLY PERMITTED USES (PLANNING DIRECTOR) - Subject to the approval of a conditional use permit from the Planning Director or designee as provided in Article 43, the following uses may be permitted, provided they meet the purpose and intent of this Article and the provisions of this Chapter: (ADD. ORD. 3638-2/22/83) I l Sec. 8141-1.5.1 - Oil and gas drilling, production, and transportation, and i the necessary attendant uses and structures, but egr_liidina rPflning processing, and manufacturing thereof; (ADD. ORD. 3638-2/22/83) Sec. 8141-1.5.2 - Pipeline and Transmission Lines - The aboveground facilities and structures associated with pipelines and transmission lines ]ocated on private property unless otherwise preempted by State law; (ADD. ORD. 3638-283] it 440-1 OC-1 L CUSTOMER'S ORDER NO. DATE _ 19 O � NAME ADDRESS SOLD BY CASH C.O.D. CHARGE ON ACCT. MDSE.RETD. PAID OUT • • • I � I TAX TOTAL CrC) C'?j' ALL CLAIMS AND RETURNED GOODS MUST BE ACCOMPANIED BY THIS BILL. 6516 RECD BY - . : ✓�� SR330 REDIFORMry carbonless