HomeMy WebLinkAboutAG RPTS 2004 0615 PC REGResolution No. PC- 2004 -461
PLANNING COMMISSION
REGULAR MEETING AGENDA
TUESDAY - JUNE 15, 2004
7:00 P.M.
Moorpark Community Center
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
799 Moorpark Avenue
4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS:
5. REORDERING OF, AND ADDITIONS TO THE AGENDA:
6. CONSENT CALENDAR:
A. Regular Meeting Minutes of May 4, 2004.
7. PUBLIC COMMENTS:
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Any member of the public may address the Commission during the Public Comments portion
of the Agenda, unless it is a Public Hearing or a Discussion item. Speakers who wish
to address the Commission concerning a Public Hearing or Discussion item must do so
during the Public Hearing or Discussion portion of the Agenda for that item. Speaker
cards must be received by the Secretary for Public Comment prior to the beginning of
the Public Comments portion of the meeting and for Discussion items prior to the
beginning of the first item of the Discussion portion of the Agenda. Speaker Cards for
a Public Hearing must be received prior to the beginning of the Public Hearing. A
limitation of three minutes shall be imposed upon each Public Comment and Discussion
item speaker. A limitation of three to five minutes shall be imposed upon each Public
Hearing item speaker. Written Statement Cards may be submitted in lieu of speaking
orally for open Public Hearings and Discussion items. Copies of each item of business
on the agenda are on file in the office of the Community Development
Department /Planning and are available for public review. Any questions concerning any
agenda item may be directed to the Community Development Department at 517 -6233.
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Planning Commission Agenda
June 15, 2004
Page No. 2
8. PUBLIC HEARINGS:
(next Resolution No. 2004 -461)
A. Consider Conditional Use Permit 2004 -02, A Request for
a Wireless Communications Facility on an Existing
Southern California Edison Utility Tower, with
Proposed Equipment above Ground, Located One Hundred
and Twenty (120') Feet West of Isle Royale Street,
Applicant: Infranext, Inc. for AT &T Wireless
Staff Recommendation: 1) Open the public hearing,
accept public testimony and close the public hearing;
and 2) Adopt Resolution No. PC -2004- approving
Conditional Use Permit No. 2004 -02, subject to
conditions.
B. Consider Zoning Ordinance Amendment No. 2004 -04: An
Amendment to the Chapter 17.20 (Uses by Zone) and
Chapter 17.44 (Entitlement - Process and Procedures)
of the Moorpark Municipal Code Related to Entitlement
Review Requirements for Certain Uses, Applicant: City
of Moorpark
Staff Recommendation: 1) Open the public hearing,
accept public testimony and close the public hearing;
and 2) Adopt Resolution No. PC -2004- recommending
to the City Council approval of amendments to Chapter
17.20 and 17.44 of the Moorpark Municipal Code.
9. DISCUSSION ITEMS:
A. Consider Scheduling of a Summer Meeting Recess to
Coincide with Citv Council Recess
Staff Recommendation: Direct staff to post a notice of
meeting cancellation for the August 3 and August 17,
2004, regular meetings.
10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
(Future agenda items are tentative and are subject to rescheduling.)
A. July 6, 2004 Planning Commission Meeting:
• Possible Cancellation
Planning Commission Agenda
June 15, 2004
Page No. 3
B. July 20, 2004 Planning Commission Meeting:
• Commercial Planned Development No. 2004 -01; Nearon
Enterprises, Inc. (Miller Parkway and Los Angeles
Avenue)
11. ADJOURNMENT:
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In compliance with the Americans with Disabilities Act, if you need special
assistance to review an agenda or participate in this meeting, including
auxiliary aids or services, please contact the Community Development
Department at (805) 517 -6233. Upon request, the agenda can be made available
in appropriate alternative formats to persons with a disability. Any request
for disability - related modification or accommodation should be made at least
48 hours prior to the scheduled meeting to assist the City staff in assuring
reasonable arrangements can be made to provide accessibility to the meeting
(28 CFR 35.102- 35.104; ADA Title II).
ITEM: 6.A.
Planning Commission, City of Moorpark, California
Minutes of May 4, 2004
Paae 1
1 The Regular meeting of the Planning Commission was held on May
2 4, 2004, in the City Council Chambers; Moorpark Civic Center;
3 799 Moorpark Avenue; Moorpark, California; 93021.
4 1. CALL TO ORDER:
5 Chair Pozza called the meeting to order at 7:07 p.m.
6 2. PLEDGE OF ALLEGIANCE:
7 Vice Chair Lauletta led the Pledge of Allegiance.
8 3. ROLL CALL:
9 Commissioners DiCecco, Landis and Peskay, Vice Chair
10 Lauletta and Chair Pozza were present.
11 Staff attending the meeting included Barry Hogan, Community
12 Development Director; David Bobardt, Planning Manager;
13 Walter Brown, Assistant City Engineer; Laura Stringer,
14 Senior Management Analyst; Scott Wolfe, Principal Planner;
15 and Gail Rice, Administrative Secretary.
16 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS:
17 None.
18 5. REORDERING OF, AND ADDITIONS TO THE AGENDA:
19 None.
20 6. CONSENT CALENDAR:
21 A. Regular Meeting Minutes of April 6, 2004.
22 MOTION: Commissioner Peskay moved and Vice Chair
23 Lauletta seconded a motion that the Planning
24 Commission Meeting Minutes of April 6, 2004, be
25 approved.
26 (Motion carried with a unanimous 5:0 voice vote.)
27 B. Regular Meeting Minutes of April 20, 2004.
28 MOTION: Vice Chair Lauletta moved and Commissioner
29 Landis seconded a motion that the Planning Commission
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Planning Commission, City of Moorpark, California
Minutes of May 4, 2004
Paae 2
1 Meeting Minutes of April 20, 2004, be approved as
2 amended, Commissioner Landis moved and Commissioner
3 DiCecco seconded the motion to adjourn the meeting.
4 (Motion carried with a unanimous 5:0 voice vote.)
5 7. PUBLIC COMMENTS:
6 None.
7 8. PUBLIC HEARINGS:
8 (next Resolution No. 2004 -459)
9 A. Consider Zoning Ordinance Amendment No. 2002 -02, a
10 Request to Amend Chapter 17.74 of the Moorpark
11 Municipal Code Relating to the Development Standards
12 of Specific Plan No. 2; and Residential Planned
13 Development Nos. 2002 -03, -04, and -05, for
14 Construction of a Total of 318 Single- Family Detached
15 Residential Units within Specific Plan No. 2, Located
16 Approximately One -half Mile North of the Northerly
17 Terminus of Spring Road and Three - fourths of One Mile
18 East of Walnut Canyon Road, on the Application of
19 Pardee Homes. (Assessor Parcel Numbers: Portions of
20 500 -0- 270 -07, 500 -0- 270 -19, 500 -0- 270 -20, 512- 0 -160-
21 54, 512 -0- 160 -55, and 512 -0- 160 -70, 500 -0- 024 -03)
22 (Continued from April 20, 2004 Meeting)
23 Staff Recommendation: Adopt Resolution No. PC -2004-
24 recommending to the City Council conditional
25 approval of Residential Planned Development Permit No.
26 2002 -03, Residential Planned Development Permit No.
27 2002 -04, Residential Planned Development Permit No.
28 2002 -05, and Zoning Ordinance Amendment No. 2002 -02.
29 Scott Wolfe presented the agenda report.
30 The Commission questioned staff on the side yard
31 setbacks for lots in Planning Area 1, minimum front
32 setbacks in Planning Area 4, the recreational area and
33 pool in Planning Areas 3 and 4, the area between
34 Planning Areas 1 and 2 for recreational use, the
35 elevation between Spring Road and Planning Area 1,
36 consideration for plantings along Spring Road.
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Planning Commission, City of Moorpark, California
Minutes of May 4, 2004
Paae 3
1 MOTION: Commissioner DiCecco moved and Commissioner
2 Peskay seconded a motion to approve staff
3 recommendations and adopted Resolution No. PC -2004-
4 259.
5 (Motion carried with a unanimous 5:0 voice vote.)
6 9. DISCUSSION ITEMS:
7 A. Consider Recommendation to City Council on Landscape
8 Design Standards and Guidelines (Continued from April
9 20, 2004 Meeting)
10 Adopt Resolution No. PC -2004- recommending to the
11 City Council adoption of Landscape Design Standards
12 and Guidelines.
13 Scott Wolfe presented the agenda report.
14
The Commission questioned staff on clarification that
15
the guidelines do not apply to private single- family
16
residential homes, the elimination of Sycamore trees
17
in the native plants list, adding a provision for
18
shade trees in the streets, the detailed reference to
19
specific manufacturers and allowing an equivalent for
20
consideration, why pepper trees were discouraged,
21
outside consultation used for establishing the
22
guidelines, individual preference versus the
23
guidelines, controls for quarterly or monthly review
24
and maintenance, and that requirements for private
25
residential properties may be established by
26
Homeowner's Associations.
27
MOTION: Commissioner Landis moved and Commissioner
28
Peskay seconded the motion to adopt Resolution No. PC-
29
2004 -460, as amended.
30 (Motion carried with a unanimous 5:0 voice vote.)
31
B. Consider the
Appeal of a Decision of the Community
32
Development
Director to Require a Conditional Use
33
Permit for a
Professional Office Use in the Commercial
34
Office (C -0)
Zone within 100 Feet of a Residential
35
Zone at 724
Moorpark Avenue by Dick Wardlow, Property
36
Owner and Appellant
(APN: 512 -0- 062 -040)
37
Staff Recommendation: Deny the appeal and sustain the
38
decision of
the Community Development Director to
39
require a Conditional Use Permit.
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Planning Commission, City of Moorpark, California
Minutes of May 4, 2004
Paae 4
1 Dave Bobardt presented the agenda report.
2
Dick Wardlow, property owner, appellant, provided a
3
history of the previous uses that had occupied the
4
building. He stated that the Conditional Use Permit
5
will cause a three month delay in work and a $4,400.00
6
fee. He stated that the project's architect reviewed
7
the plans with city staff. He commented that denial of
8
the appeal would cause problems for him in renting to
9
tenants, getting loans on the property, and a new
10
buyer would not be able to obtain financing based on
11
the zoning.
12
The Commission questioned Mr. Wardlow on the planned
13
use for the property, the remodeling plans, additional
14
square footage, the previous and current zoning,
15
whether current use is a continuing use, timeframe
16
when the property was acquired and information
17
furnished to the appraiser of the property.
18
MOTION: Commissioner Landis moved and Commissioner
19
Lauletta seconded a motion to grant the appeal and
20
directed staff to process the application as an
21
Administrative Permit.
22 (Motion carried with a unanimous 5:0 voice vote.)
23 10. ANNOUNCEMENTS AND FUTURE AGENDA ITEMS:
24 (Future agenda items are tentative and are subject to rescheduling.)
25 A. May 18, 2004, Planning Commission Meeting:
26 • Possible Cancellation
27 Mr. Hogan briefly discussed future agenda items, and
28 confirmed that the May 18, 2004 meeting would be
29 cancelled.
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00(`004
Planning Commission, City of Moorpark, California
Minutes of May 4, 2004
Paae 5
1 11. ADJOURNMENT:
2 MOTION: Commissioner Landis moved and Commissioner DiCecco
3 seconded a motion to adjourn the meeting.
4 (Motion carried with a unanimous 5:0 voice vote.)
5 The meeting was adjourned at 8:23 p.m.
6
7
8 ATTEST:
9
10
Scott Pozza, Chair
Barry K. Hogan, Community Development Director
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ITEM: 8.A.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission Q(�
V
FROM: Barry K. Hogan, Community Development Director
Prepared by Steven Valdez, Planning Technician
DATE: May 24, 2004 (PC Meeting of 6/15/2004)
SUBJECT: Consider Conditional Use Permit 2004 -02, A Request for a
Wireless Communications Facility on an Existing Southern
California Edison Utility Tower, with an Equipment
Structure, Located One Hundred and Twenty (1201) Feet
West of Isle Royale Street Applicant: Infranext, Inc. for
AT &T Wireless
BACKGROUND
On March 31, 2004, Infranext, Inc. submitted a Conditional Use
Permit (CUP) application for the construction and operation of an
AT &T Wireless communications facility using an existing Southern
California Edison (SCE) tower to support six proposed antenna
panels. The project application was determined to be complete on
April 25, 2004.
DISCUSSION
Project Setting
Existing Site Conditions:
The project site is on Southern California Edison property, located
approximately 160 feet west of Isle Royale Street. The property
includes high -power electrical transmission towers with lines
running from north to south. The tower adjacent to the tower in
the subject request is the site of another wireless cellular
facility, as discussed below. Single - family residential properties
are located to the east of the SCE property.
Previous Applications:
On May 20, 2003, the Planning Commission approved CUP No. 2001 -02
for the construction of a wireless communications facility on an
existing Southern California Edison, high - voltage, electrical
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wireless) \Agenda Rpts \PC Agenda Report.doc O �� ^ 0
Honorable Planning Commission
June 15, 2004
Page 2
transmission tower, located approximately 250 feet northwest of
Mesa Verde Drive and 130 Feet west of Isle Royale Drive, within the
Open Space (OS) zone. This approved CUP is similar to the current
request, except that the current proposal would use an adjacent SCE
tower.
I GENERAL PLAN /ZONING
Direction General Plan I Zoning Land Use
General Plan and Zoninq Consistency:
Chapters 17.20 and 17.42 of the Municipal Code require a Planning
Commission approved Conditional Use Permit for wireless cellular
facilities. The applicant's proposal for a utility- mounted facility
is defined as a "Minor Facility" and is allowed in the OS (Open
Space) Zoning Classification. This type of facility is required to
be compatible with surrounding land uses, must be an attachment to
an existing above - ground structure and must comply with all other
provisions of Section 17.42.070.B, 17.42.070.C, and 17.42.070.D of
the Municipal Code.
Proposed Project
Facility:
This proposed wireless communication facility consists of six (6)
panel antennas mounted upon an existing SCE High Power Transmission
Tower via an approved SCE antenna mounting bracket. The proposed
facility will transmit signals between the panel antennas and the
wireless telephones within the coverage area. It will provide
coverage along Los Angeles Avenue and downtown Moorpark. The
proposed panel antennas measure four feet (4') in height, seven
point two inches (7.2 ") in width and two point three inches (2.3 ")
in depth, and will have an antenna tip height of thirty -five feet
(351). Pursuant to City Code requirements, a Minor Facility shall
000007
SCE High- Voltage
Site
OS -2
OS
Transmission Right -
of -Way, Container
_. _....._.
_
__.._
Plant Nursery.
._... _ _ . _.....
North
OS -2
OS
Arroyo Simi
_..._ ....
._..._ _...._
-
SCE High- Voltage
South
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Transmission Right -
of -Way, Container
Plant Nursery
East
M
RPD
Residential
...... __ -
West
__.
M & P
RPD & PC
Residential and
Arroyo Vista Park
General Plan and Zoninq Consistency:
Chapters 17.20 and 17.42 of the Municipal Code require a Planning
Commission approved Conditional Use Permit for wireless cellular
facilities. The applicant's proposal for a utility- mounted facility
is defined as a "Minor Facility" and is allowed in the OS (Open
Space) Zoning Classification. This type of facility is required to
be compatible with surrounding land uses, must be an attachment to
an existing above - ground structure and must comply with all other
provisions of Section 17.42.070.B, 17.42.070.C, and 17.42.070.D of
the Municipal Code.
Proposed Project
Facility:
This proposed wireless communication facility consists of six (6)
panel antennas mounted upon an existing SCE High Power Transmission
Tower via an approved SCE antenna mounting bracket. The proposed
facility will transmit signals between the panel antennas and the
wireless telephones within the coverage area. It will provide
coverage along Los Angeles Avenue and downtown Moorpark. The
proposed panel antennas measure four feet (4') in height, seven
point two inches (7.2 ") in width and two point three inches (2.3 ")
in depth, and will have an antenna tip height of thirty -five feet
(351). Pursuant to City Code requirements, a Minor Facility shall
000007
Honorable Planning Commission
June 15, 2004
Page 3
not exceed the maximum building height for the applicable zoning
district unless such facility receives approval of the Planning
Commission, and the applicant demonstrates that exceeding the
height limitation is necessary for operation of the facility. In
this case, exceeding the proposed height limitation is not
necessary, since sufficient coverage can be met at the proposed
thirty -five foot (35') height limitation.
Equipment Enclosure:
AT &T Wireless also proposes to install an eleven foot (111) wide by
seventeen foot (171) long, above - ground equipment vault. All
equipment necessary to operate the facility will be housed in the
vault. The vault would be located approximately forty -seven feet
(47') east of the SCE tower and forty feet (40') from residentially
zoned property to the west. Other similar facilities, including
the adjacent Sprint facility, have been required to provide
underground equipment vaults to minimize visual impacts. A
Condition of Approval has been added to this proposed facility that
would also require an underground equipment vault.
Compatibility with the Surrounding Area:
No materials used in construction of the site would create
substantial glare that would effect either daytime or nighttime
views in the area. Additionally, the color of the equipment is
proposed to blend with the color of the existing utility pole and
the proposed use is located in an area that is not likely to impact
any of the adjacent residential uses due to its small size. The
required undergrounding of the equipment vault would minimize
visual impacts on adjacent residences.
The proposed cellular facility on the existing utility pole is
considered a passive use, which would not produce noise, not
violate any air quality standards, affect biological resources, or
cause an adverse effect on cultural resources. It will require no
transport of hazardous materials to or from the site. Although the
proposed use is designed to serve the existing residential area, it
would not induce substantial population growth, would not displace
existing housing or have a negative impact on public services.
Therefore, the utility mounted cellular antenna facility operation
will not disturb the surrounding area or be harmful or detrimental
to neighboring properties or uses.
Traffic and Parkina:
The proposed unmanned communication facility generates a minimal
amount of traffic (only that necessary to periodically check the
facility) ; therefore, no parking is required. The applicant's
0(10003
Honorable Planning Commission
June 15, 2004
Page 4
submittal information indicates a Cell Site Technician will visit
the facility an average of one (1) time per month. During routine
maintenance, the site can be accessed from Williams Ranch Road. No
parking facilities are required by the Zoning Code for this type of
facility.
ANALYSIS
Issues
Staff analysis of the proposed project has identified the following
area for Planning Commission consideration in their decision.
Location:
An adjacent tower on the subject site is currently used for one
other wireless communication facility. The site is situated in
such a way as to offer "line of sight" visibility to a large
portion of the City, making it desirable to cellular service
providers. The proposed cellular facility would also blend with
the existing towers on site, so as to remain generally obscured
from public view, particularly with the proposed condition
requiring undergrounding of the equipment vault.
Consideration was given to alternative sites for the wireless
facility. However, other available locations within Open Space
zoned property were either unable to achieve the desired coverage
or already had an existing AT &T wireless facility on site. Thus the
proposed location was the most suitable to meet the coverage needs
of AT &T Wireless.
Findings
Conditional Use Permit Findinas:
A. The proposed use is consistent with the intent and provisions
of the City's General Plan, and Title 17 of the Municipal Code
in that the proposed use, height, setbacks, and improvements
are consistent with City Code requirements.
B. The proposed use is compatible with the character of the
surrounding development because the site is currently used by
Southern California Edison for high power electrical
transmission lines and the use of utility poles has been
designated by the City as an appropriate location for the co-
location of cellular sites.
C. The proposed use is compatible with the scale, visual
character and design of the surrounding properties, in that it
is designed so as not to detract from the physical and visual
quality of the community. The color of the antennas is
Ooo009
Honorable Planning Commission
June 15, 2004
Page 5
proposed to be painted to blend in with the existing SCE
structure. In addition, the proposed equipment vault will be
placed underground.
D. The proposed use will not be obnoxious or harmful or impair
the utility of the neighboring properties or uses, as the
proposed use is designed to blend in with the colors of the
terrain and the existing high power transmission line.
E. The proposed use will not be detrimental to the public
interest, health, safety, convenience, or welfare, as the
project has been conditioned to protect the public's health
and safety.
Wireless Facilities Findings:
A. The proposed facility will not create any significant blockage
to public views, as the cellular facility will be placed on an
existing electrical transmission tower.
B. The proposed facility will enhance communication services to
the City due to its ability to provide increased communication
capabilities.
C. The proposed facility will be aesthetically integrated into
its surrounding land uses and natural environment, since it
will be painted to blend into the existing electrical
transmission tower.
D. The proposed facility will comply with FCC regulations
regarding interference with the reception or transmission of
other wireless service signals within the City and surrounding
community.
E. The proposed facility will operate in compliance with all
other applicable Federal regulations for such facilities,
including safety regulations, as AT &T operates its wireless
network in compliance with its FCC license and FCC rules and
regulations concerning frequency emissions and /or radio
frequency interference. The transmission densities emanating
from the facility will not exceed current American National
Standards Institute (ANSI) recommended maximum exposure levels
for wireless transmission frequencies which do not have the
potential to significantly impact the community. In all cases,
Effective Radiated Power (ERP), and its associated
electromagnetic (EM) radiation power densities are a small
fraction of the maximum permissible exposure set by ANSI, or
the more restrictive exposure standard put forth by the
National Commission on Radiation Protection and Measurement
(NCRP) .
F. The public need for the use of the facility has been
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Honorable Planning Commission
June 15, 2004
Page 6
documented by the applicant and verified by City staff to be
consistent with California law in that the proposed cell site
will provide a substantial increase in the coverage area (an
increase from weak coverage to good coverage in the target
area).
G. The applicant will provide at its own expense a field survey
or other method consistent with Federal law to provide written
verification that the facility is in compliance with
applicable Federal regulations regarding electromagnetic
frequency emissions. This radio - frequency (RF) report shall
also include signal strength exhibits, including calculations
and measurements under maximum loading conditions. Such field
survey shall be provided to the City upon request, not to
exceed one such request in any 24 -month period.
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.
Based upon the results of an Initial Study, the Director may
determine that a project will not have a significant effect upon
the environment. In such a case, a Notice of Intent to Adopt a
Negative Declaration or a Mitigated Negative Declaration is
prepared. For many projects, a Negative Declaration or Mitigated
Negative Declaration will prove to be sufficient environmental
documentation. If the Director determines that a project has the
potential for significant adverse impacts and adequate mitigation
cannot be readily identified, an Environmental Impact Report (EIR)
is prepared.
Pursuant to California State law, an evaluation has been conducted
to determine whether the proposed project could significantly
affect the environment. It has been found that the project is
Categorically Exempt under Section 15303, Class 3, New Construction
or Conversion of Small Structures.
000 ►011
Honorable Planning Commission
June 15, 2004
Page 7
PROCESSING TIME LIMITS
Time limits have been established for the processing of development
projects under the Permit Streamlining Act (Government Code Title
7, Division 1, Chapter 4.5), the Subdivision Map Act (Government
Code Title 7, Division 2), and the California Environmental Quality
Act Statutes and Guidelines (Public Resources Code Division 13, and
California Code of Regulations, Title 14, Chapter 3). Under the
applicable provisions of these regulations, the following timelines
have been established for action on this project:
Date Application Deemed Complete: April 25, 2004
Planning Commission Action Deadline: June 25, 2004
STAFF RECOMMENDATIONS
1. Open the public hearing, accept public testimony and close the
public hearing.
2. Adopt Resolution No. PC -2004- approving Conditional Use
Permit No. 2004 -02, subject to conditions.
ATTACHMENTS:
1. Location Map
2. Overall Site Plan
3. South /East Elevations
4. Propagation Maps (Exhibits A and B)
5. Draft Resolution No. PC -2004- with Conditions of Approval
000012
City of Moorpark
.M Planning Division
Location: 12858 314 Williams Ranch Road
Location Map
(PC Attachment 1)
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EXHIBIT B
SNBBCAV127
RESOLUTION NO. PC -2004-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT NO. 2004 -02 FOR THE
CONSTRUCTION OF A WIRELESS COMMUNICATIONS
FACILITY ON AN EXISTING SOUTHERN CALIFORNIA
EDISON (SCE) UTILITY TOWER, LOCATED WITHIN THE
SOUTHERN CALIFORNIA EDISON RIGHT -OF -WAY
APPROXIMATELY 120 FEET WEST OF ISLE ROYALE STREET
(ASSESSOR PARCEL NO. 506 -0- 010 -045)
WHEREAS, at a duly noticed public hearing on June 15, 2004,
the Planning Commission considered Conditional Use Permit No.
2004 -02, on the application of Infranext, Inc, requesting
approval of a wireless communication facility on a Southern
California Edison (SCE) utility tower, located approximately 120
feet west of Isle Royale Street; and
WHEREAS, at its meeting of June 15, 2004, 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; and
WHEREAS, the Planning Commission concurs with the Community
Development Director's determination that this project is
Categorically Exempt from the provisions of CEQA pursuant to
Section 15303 as a Class 3 exemption for the construction of new
small structures or facilities.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. CONDITIONAL USE PERMIT FINDINGS: Based upon the
information set forth above, it is determined that this
application with the attached special and standard conditions,
meets the requirements of the City of Moorpark Municipal Code
Section 17.44.040 in that:
A. The proposed use is consistent with the intent and
provisions of the City's General Plan, and Title 17 of the
Municipal Code in that the proposed use, height, setbacks,
and improvements are consistent with City Code
requirements.
S: \Community Development \DEV PMTS \C U P \2004 \ -02 InfraNext (AT &T Wireless) \Reso- Cond \PC Reso.doc
PC ATTACHMENT 5 0(10018
Resolution No. PC -2004-
Page 2
B. The proposed use is cc
surrounding development
by Southern California
transmission lines and
designated by the City
co- location of cellular
>mpatible with the character of the
because the site is currently used
Edison for high power, electrical
the use of utility poles has been
as an appropriate location for the
sites.
C. The proposed use is compatible with the scale, visual
character and design of the surrounding properties, in that
it is designed so as not to detract from the physical and
visual quality of the community. The color of the antennas
is proposed to be painted to blend in with the existing SCE
structure. In addition, the proposed equipment vault will
be placed underground.
D. The proposed use will not be obnoxious or harmful or impair
the utility of the neighboring properties or uses, as the
proposed use is designed to blend in with the colors of the
terrain and the existing high power transmission line.
E. The proposed use will not be detrimental to the public
interest, health, safety, convenience, or welfare, as the
project has been conditioned to protect the public's health
and safety.
SECTION 2. WIRELESS FACILITIES FINDINGS: Based upon the
information set forth above, it is determined that this
application with the attached special and standard conditions,
meets the requirements of the City of Moorpark Municipal Code
Section 17.42.060 in that:
A. The proposed facility will not create any significant
blockage to public views, as the cellular facility will be
placed on an existing electrical transmission tower.
B. The proposed facility will enhance communication services
to the City due to its ability to provide increased
communication capabilities.
C. The proposed facility will be aesthetically integrated into
its surrounding land uses and natural environment, since it
will be painted to blend into the existing electrical
transmission tower.
D. The proposed facility will comply with FCC regulations
regarding interference with the reception or transmission
of other wireless service signals within the City and
surrounding community.
E. The proposed facility will operate in compliance with all
000019
Resolution No. PC -2004-
Page 3
other applicable Federal regulations for such facilities,
including safety regulations, as AT &T wireless operates its
wireless network in compliance with its FCC license and FCC
rules and regulations concerning frequency emissions and /or
radio frequency interference. The transmission densities
emanating from the facility will not exceed current
American National Standards Institute (ANSI) recommended
maximum exposure levels for wireless transmission
frequencies which do not have the potential to
significantly impact the community. In all cases, Effective
Radiated Power (ERP), and its associated electromagnetic
(EM) radiation power densities are a small fraction of the
maximum permissible exposure set by ANSI, or the more
restrictive exposure standard put forth by the National
Commission on Radiation Protection and Measurement (NCRP).
F. The public need for the use of the facility has been
documented by the applicant and verified by City staff to
be consistent with California law in that the proposed cell
site will provide a substantial increase in the coverage
area (an increase from weak coverage to good coverage in
the target area).
G. The applicant will provide at its own expense a field
survey or other method consistent with Federal law to
provide written verification that the facility is in
compliance with applicable Federal regulations regarding
electromagnetic frequency emissions. This radio - frequency
(RF) report shall also include signal strength exhibits,
including calculations and measurements under maximum
loading conditions. Such field survey shall be provided to
the City upon request, not to exceed one (1) such request
in any 24 -month period.
SECTION 3. PLANNING COMMISSION APPROVAL: the Planning
Commission herby approves Conditional Use Permit No. 2004 -02
subject to the Special and Standard Conditions of Approval found
in Exhibit A attached.
SECTION 4. CERTIFICATION OF ADOPTION: The Community
Development Director shall certify to the adoption of this
resolution and shall cause a certified resolution to be filed in
the book of original resolutions.
Ooo020
Resolution No. PC -2004-
Page 4
The action of the foregoing direction was approved by the
following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
PASSED, AND ADOPTED this 15th day of June, 2004.
Scott Pozza, Chair
ATTEST:
Barry K. Hogan
Community Development Director
Exhibit A: Special and Standard Conditions of Approval
O00021
Resolution No. PC -2004-
Page 5
EXHIBIT A
SPECIAL AND STANDARD CONDITIONS OF APPROVAL
FOR CONDITIONAL USE PERMIT (CUP) No. 2004 -02
SPECIAL CONDITIONS
1. The applicant shall allow the City to co- locate a radio
antenna on the structure and place associated equipment and
electronics within or on the equipment enclosure, at no
cost, so long as this is done for City purposes at the
expense of the City, there is no interference with the
operation of the primary equipment, and that security and
access are feasible.
2. Prior to approval of a Zoning Clearance, the antenna shall
be designed to ensure that the visual appearance matches
the surrounding uses by including design and /or landscaping
elements, as determined by the Community Development
Director. The Director may require additional trees after
the installation of the antenna, if additional screening is
deemed necessary.
3. In the event that a future merger, acquisition, or other
action renders this antenna array redundant or unnecessary,
the applicant shall remove the facility within ninety (90)
days of a determination of redundancy or non - necessity.
Propagation maps identifying then - current signal coverage
and coverage without this facility shall be provided to the
City at the request of the Community Development Director.
Such request may occur not more than once in a twelve (12)
month period.
4. All equipment necessary for the operation of the
telecommunication facility shall be located in an
underground vault.
STANDARD CONDITIONS
1. Acceptance of Conditions: The applicant's acceptance of
this permit and /or commencement of construction and /or
operations under this permit shall be deemed to be
acceptance of all conditions of this permit.
2. This permit shall expire one (1) year from the date of its
approval, unless a building permit has been obtained and
construction inaugurated. The Community Development
Director may, at his /her discretion, grant up to two (2)
O00022
Resolution No. PC -2004-
Page 6
additional 1 -year extensions, if there have been no changes
in the adjacent areas and if the applicant can document
that he /she has diligently worked towards obtaining
building permits or inaugurating construction. The request
for extension of this permit shall be made in writing, at
least thirty (30) days prior to the expiration date of the
permit.
3. The Conditions of Approval of this permit, City of Moorpark
Municipal Code and adopted City policies at the time of the
permit approval supersede all conflicting notations,
specifications, dimensions, typical sections and the like
which may be shown on plans.
4. Conditions of this entitlement shall not be interpreted as
permitting or requiring any violation of law or any
unlawful rules or regulations or orders of an authorized
governmental agency.
S. If any architectural or historical finds are uncovered
during grading or excavation operations, all grading or
excavation shall cease in the immediate area and the find
shall be left untouched. The applicant shall assure the
preservation of the site and immediately contact the
Community Development Director, informing the Director of
the find. The applicant shall be required to obtain the
services of a qualified paleontologist or archeologist,
whichever is appropriate to recommend disposition of the
site. The paleontologist or archeologist selected shall be
approved by the Community Development Director. The
applicant shall pay for all costs associated with the
investigation and disposition of the find.
6. The applicant shall defend, indemnify and hold harmless the
City and its agents, officers and employees from any claim,
action or proceeding against the City or its agents,
officers or employees to attack, set aside, void, or annul
any approval by the City or any of its agencies,
departments, commissions, agents, officers, or employees
concerning the permit, which claim, action or proceeding is
brought within the time period provided therefore in
Government Code Section 66499.37. The City will promptly
notify the applicant of any such claim, action or
proceeding, and if the City should fail to do so or should
fail to cooperate fully in the defense, the applicant shall
not thereafter be responsible to defend, indemnify and hold
harmless the City or its agents, officers and employees
pursuant to this condition.
000023
Resolution No. PC -2004-
Page 7
a. The City may, within its unlimited discretion,
participate in the defense of any such claim, action
or proceeding if both of the following occur:
i. The City bears its own attorney fees and costs;
ii. The City defends the claim, action or proceeding
in good faith.
b. The applicant shall not be required to pay or perform
any settlement of such claim, action or proceeding
unless the settlement is approved by the applicant.
The applicant's obligations under this condition shall
apply regardless of whether a building permit is
ultimately obtained, or final occupancy is ultimately
granted with respect to the permit.
7. If any of the conditions or limitations of this approval
are held to be invalid, that holding shall not invalidate
any of the remaining conditions or limitations set forth.
8. Applicant shall conform to all National Pollutant Discharge
Elimination System (NPDES) requirements during and after
completion of the project.
9. No excavations shall be commenced unless the work can be
completed before any rain falls. Which means the materials,
equipment and manpower shall be procured and ready to
commence the work before the excavation begins. In the
event the work is interrupted with rainfall, all excavated
areas shall be completely covered with visqueen and secured
with gravel bags so that no mud is generated from the work
area and allowed to leave the work area.
10. All work shall cease when there is a forth percent (400)
chance of rain or when rainfall is imminent, whichever is
more stringent and the site secured, as noted.
11. No work shall commence after a rainstorm until the ground
has dried sufficiently so that no materials are transported
off the site by workers or work equipment.
12. No work equipment, vehicles or materials shall be
stockpiled or left in the public right -of -way.
13. Any work within the public right -of -way requires an
encroachment permit.
14. No work shall be performed before 7 :00 A.M. and after 7:00
P.M., Monday through Friday, and by permission work can be
done between 8:00 A.M. and 5:00 P.M. on Saturday. No work
shall be done on Sunday.
000.024
Resolution No. PC -2004-
Page 8
15. Deliveries of oversized loads require a city permit.
16. Entitlement Processing: Prior to the acceptance of any
Zoning Clearance, entitlement, building permit, grading
permit, or advanced grading permit, the applicant shall
submit to the Community Development Director, all
outstanding entitlement case processing fees including all
applicable city legal service fees. This payment shall be
made within sixty (60) calendar days of approval of this
permit.
17. Capital Improvements, Facilities, and Processing: Prior to
the issuance of a Zoning Clearance for grading the
applicant shall submit to the Community Development
Director the capital improvement, development, and
processing fees at the current rate in effect. Said fees
include but are not limited to Library Facilities, Police
Facilities, Fire Facilities, entitlement processing,
building and public improvement, plan checks and permits.
Unless specifically exempted by City Council, the applicant
is subject to all fees imposed by the City as of the
issuance of the first permit for construction and such
future fees imposed, as determined by the City in its sole
discretion, so long as said fee is imposed on similarly
situated properties.
18. Electronic Conversion: Prior to or concurrently with the
approval of the Final Map, the applicant shall submit to
the City Engineer and the Building Official the City's
electronic image conversion fee for the Final
Map /improvement plans and building permit /plans or other
plans, as determined by the Community Development
Department.
19. Condition Compliance: Prior to the issuance of any Zoning
Clearance for construction, the applicant shall submit to
the Community Development Department the Condition
Compliance review fee.
B. Please contact the PLANNING DIVISION for compliance with
the following conditions:
OPERATIONAL CHARACTERISTICS
20. Prior to the issuance of a Zoning Clearance for
construction, the applicant shall submit all construction
plans for review and approval by the Planning Division.
00(1025
Resolution No. PC -2004-
Page 9
21. This facility is approved as an unmanned operation.
Following construction of the facility, traffic generated
by this use shall be limited to periodic and emergency
maintenance of the facility.
LANDSCAPING
22. Prior to operation of the use, the applicant shall replace
at the applicant's expense, any vegetation or landscaping
removed or damaged as a result of the installation or
operation of this facility. The replacement shall be to
the satisfaction of the Community Development Director.
23. Prior to the issuance of a Zoning Clearance for
construction, a Landscape Plan shall be submitted to the
Planning Division for review and approval by the Community
Development Director. The applicant shall pay any cost of
landscape plan review at the time of submittal.
Landscaping shall be provided to screen any equipment
associated with this communications facility.
24. In the event that the uses for which this Conditional Use
Permit are approved, is determined to be abandoned, the
City of Moorpark may, at its discretion, initiate
revocation procedures for cause per the provisions of
Section 17.44.080. For purposes of this condition,
"abandoned" shall mean a cessation of a business or
businesses which would render the use unavailable to the
public for a period of 180 or more consecutive days.
Initiation of revocation procedures may result in the
revocation of the permit or modification of the permit,
based upon the evidence presented at the hearing. A surety,
in an amount subject to the review and approval of the
Community Development Director, shall be provided to the
City prior to the approval of a Zoning Clearance for
construction, to guarantee removal of equipment and
structures, if the City determines the facility to be
abandoned and /or a public nuisance.
25. Removal or relocation of any and all of the facilities
shall be at the facility owner's expense, and at no cost to
the City. Should the facility be removed or relocated by
the City, the facility owner hereby waives any claims,
damage, or loss (including, but not limited to,
consequential damages) resulting from the city's removal or
relocation of the facility.
26. The applicant will provide, at its expense, a field survey
or other method consistent with Federal law to provide
000020
Resolution No. PC -2004-
Page 10
written verification that the facility is in compliance
with applicable Federal regulations regarding
electromagnetic frequency emissions. This radio - frequency
(RF) report shall also include signal strength exhibits,
including calculations and measurements under maximum
loading conditions. Such field survey shall be provided to
the City upon request, not to exceed one (1) such request
in any 24 -month period.
27. The facility shall be removed at the owner's expense when a
City- approved project requires relocation or under
grounding of the utility structure on which the facility is
mounted. If the facility owner refuses to remove the
facility, the owner shall reimburse the City for city costs
and expenses to remove the facility. The applicant waives
any claims, damage, or loss (including, but not limited to,
consequential damages) resulting from the City's removal or
relocation of the facility.
Please contact the ENGINEERING DEPARTMENT for compliance with
the following conditions:
28. Prior to the issuance of a grading permit or building
permit, whichever occurs first, proof of the right to
ingress and egress shall be obtained from adjacent property
owner and provided to the City Engineer. Prior to any
grading or drainage activity a Grading and /or Drainage Plan
shall be prepared and submitted to the City Engineer for
review and approval. No grading or drainage work shall
occur without a grading permit and /or the permission of the
City Engineer.
29. In the event that existing drainage patterns are affected
by this project, the applicant shall adhere to all Federal
Emergency Management Agency (FEMA) regulations and
requirements. Prior to the issuance of a grading permit,
all necessary calculations shall be submitted to the City
and any governing Federal agency for review and approval.
-End-
00002'7
ITEM: 8.11.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: Barry K. Hogan, Community Development Directo
Prepared by David A. Bobardt, Planning Man a n{�
DATE: June 2, 2004 (PC Meeting of 6/15/04)
SUBJECT: Consider Zoning Ordinance Amendment No. 2004 -04: An
Amendment to the Chapter 17.20 (Uses by Zone) and Chapter
17.44 (Entitlement - Process and Procedures) of the
Moorpark Municipal Code Related to Entitlement Review
Requirements for Certain Uses
BACKGROUND
On May 19, 2004, the City Council adopted Resolution No. 2004 -2192,
directing the Planning Commission to study, hold a public hearing,
and provide a recommendation to the City Council on amendments to
Chapters 17.20 and 17.44 of the Zoning Ordinance regarding the
entitlement review process for certain uses.
DISCUSSION
Ordinance No. 297, adopted on September 17, 2003, amended sections
in the Zoning Ordinance related to entitlement and use regulations.
The main purpose of this ordinance was to reorganize existing
regulations and policies into a more readable format. This
reorganization was the first step in a process that would not only
provide clear direction, but include a second step to provide a
more appropriate level of review for the various land use
entitlements. The focus of this second step is the review and
determination of which land uses in a given zone can be approved
over the counter, and which land uses should have discretionary
review by the Community Development Director, Planning Commission,
or City Council. The main issues of concern that have faced the
City revolve around the Conditional Use Permit (CUP) review process
and CUP applicability in Commercial and Industrial Zones. A
secondary issue is the applicability of the Planned Development
Permit for new construction in the commercial and industrial zones.
\ \mor_pri_sery \City Share \Community Development \DEV PMTS \Z 0 A \2004 \04 - Entitlement \Staff 000028
Reports \040615 PC Report.doc
Honorable Planning Commission
June 15, 2004
Page 2
CUP Review Process
The requirement for a particular land use to go through a
Conditional Use Permit review process is based on the recognition
that some uses may have components that, unless conditioned, would
conflict with the purpose and intent of the Zoning Ordinance. A
Conditional Use Permit application requires notification and a
public hearing process where concerns can be discussed and a
decision can be made in a public forum. This is a higher level of
review than an administrative decision, which may also include
Conditions of Approval, but would generally not require a public
hearing. In most cities, this higher level of review is held by
the Planning Commission, or in some cities, a Zoning Administrator.
This is the case for Simi Valley, Thousand Oaks, and Camarillo.
Moorpark's Conditional Use Permit (CUP) review process includes
review by both the Planning Commission and the City Council. This
process requires approximately three (3) months for a decision on a
project (that does not have complicated issues) as it involves
reviewing the application and preparing a recommendation,
scheduling the Planning Commission hearing and providing public
notice, holding the Planning Commission hearing, preparing the
recommendation to the City Council, scheduling the City Council
hearing and providing a second notice, and holding the City Council
hearing. Not only is this process a burden on an applicant (and
the public who would need to attend two hearings) , but it also
makes it difficult for the City to comply with the Permit
Streamlining Act, even for routine entitlement requests.
Staff is recommending that the CUP review process be amended so
that decisions are made by the Planning Commission. This is an
appropriate level of review in that it still provides for public
notification and a public hearing, but it avoids repeating the
process in front of City Council, unless the decision is appealed.
All decisions of the Planning Commission may be appealed by anyone
to the City Council. This proposed process is consistent with the
practice of most cities in California, and it provides more
flexibility for the processing of CUP's within the time constraints
set by the Permit Streamlining Act.
CUP applicability in Commercial and Industrial Zones
The current code requires CUP's for many uses in the commercial and
industrial zone, and most uses when within 100 feet of a
residential zone. After reviewing the existing regulations, staff
is recommending a number of changes that include either increasing
or decreasing the level of review for certain uses in certain
zones, and adding or removing zones in which certain uses are
permitted. The attached draft Planning Commission resolution
000'029
Honorable Planning Commission
June 15, 2004
Page 3
includes a draft ordinance with the proposed changes to the use
matrix. The following table provides a summary of these changes.
SUM14ARY OF PROPOSED CHANGES TO THE USE MATRIX
PROPOSED REVIEW PROCESS
AFFECTED LAND USES AND PROPOSED
CHANGE
REVIEW PROCESS
Delete CUP requirement
Therapeutic massage (AP); private
when use is within 100
post offices, parcel services, and
feet of residential zone
copy centers (ZC); recycling drop -
(no change to permitted
off bins (ZC); retail sales in Ml
zones)
and M2 Zones when no more than 200
of floor area or in CO zones when
ancillary to office uses (AP);
professional offices (ZC);
veterinary offices and animal
hospitals without boarding (AP)
Change CUP requirement to
Manufacturing and assembly (ZC
AP when use is within 100
when not within 100 ft. of R Zone)
feet of a residential
zone (no change to
permitted zones)
Change CUP requirements
Alcoholic beverage sales for off -
regardless of distance
site consumption in conjunction
from a residential zone
with other approved use (no longer
to be permitted in CO Zone,
automatic CUP in Cl Zone); brakes,
oil changes, tire and shock sales
and installation, tune -ups and
other light service and repair
(automatic CUP in Cl Zone); car
washes (added as CUP use in M2
Zone); engine rebuilding,
transmission repair, steam
cleaning, auto body, auto painting
(no longer to be permitted in
C2 /CPD Zones, added as CUP use in
M2 Zone); automobile service
stations (no longer to be
permitted in Cl Zone, added as CUP
use in M2 Zone); building supplies
(added as CUP use in M2 Zone);
liquor stores (automatic CUP in
all permitted zones); retail
nurseries (changed from CUP to AP
use in all permitted zones);
Oy C030
Honorable Planning Commission
June 15, 2004
Page 4
wholesale nurseries (changed from
CUP to AP use in permitted zone);
pawnshops (changed from CUP to AP
use in C2 and CPD Zones, added as
CUP use in COT Zone); consignment
stores and secondhand stores
(changed from ZC use in Cl, C2,
CPD , and COT Zones - CUP when
within 100 ft. of R Zones to be
grouped with pawnshops);
breweries, microbreweries,
wineries, tasting rooms without
entertainment (changed from AP to
CUP in M1 and M2 Zones);
warehousing (changed from CUP to
AP use in Ml and M2 Zones); health
clubs, gymnasiums, fitness
centers, spas (changed from CUP to
AP use in Ml Zone); private
schools (changed from ZC to CUP
use in I Zone)
Miscellaneous changes Automobile rental (no longer
permitted in C1 or COT Zone, no
longer requires a CUP, if within
100 feet of R Zones); auto parts
and supplies (no longer to be
permitted in CO or COT Zones,
added as ZC use in M1 and M2
Zones); retail shops and services
(no longer permitted in CO Zone,
no longer requires CUP if within
100 ft. of R Zones in permitted
zones); research laboratories
(changed from ZC to AP use in M1
and M2 Zones, no longer requires
CUP if within 100 ft. of R Zones);
banks (added as ZC use in M1 and
M2 Zones, no longer requires CUP
if within 100 ft. of R Zones);
welding (changed from ZC to AP use
in M2 Zone, no longer requires CUP
if within 100 ft. of R Zones);
private training facilities (added
as AP use in CO, Cl, C2, CPD, COT,
and M1 Zones)
0(00;031
Honorable Planning Commission
June 15, 2004
Page 5
Planned Development Permit Review Process
Prior to the adoption of Ordinance No. 297, Planned Development
Permits were included in the Zoning Ordinance Use Matrix almost
interchangeably with CUP's. No clear distinction was made between
a CUP and a Planned Development Permit. Both entitlements required
very similar findings. Ordinance No. 297 removed Planned
Development Permits from the use matrix, and instead focused the
approval findings on architectural and site design criteria,
whereas CUP findings focused on use. Planned Development Permit
review requires both Planning Commission and City Council hearings.
Thresholds for buildings that require Planned Development Permit
review include new residential construction of five or more units
and new commercial or industrial development 10,000 square feet or
greater.
Staff has found that commercial and industrial buildings less than
10,000 square feet should also be subject to architectural and site
plan review, though at a lesser level, to ensure high quality
building design throughout the City. This is consistent with the
policies under General Plan Land Use Element Goal No. 17: Enhance
the physical and visual image of the community. Staff is
recommending that an Administrative Permit be required for all new
commercial or industrial development less than 10,000 square feet.
This would allow the Community Development Director to review site
plans and provide appropriate conditions to ensure high quality
design. It is also a relatively quick process in that it only
requires a 10 -day notice to adjacent property owners and no formal
hearing.
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.
Based upon the results of an Initial Study, the Director may
determine that a project will not have a significant effect upon
the environment. In such a case, a Notice of Intent to Adopt a
Negative Declaration or a Mitigated Negative Declaration is
prepared. For many projects, a Negative Declaration or Mitigated
Negative Declaration will prove to be sufficient environmental
ooc 0312
Honorable Planning Commission
June 15, 2004
Page 6
documentation. If the Director determines that a project has the
potential for significant adverse impacts and adequate mitigation
can not be readily identified, an Environmental Impact Report (EIR)
is prepared.
The Director has reviewed this project and found it to qualify for
a General Rule Exemption in accordance with Section 15061 of
California Code of Regulations (CEQA Guidelines) . The proposed
revisions to the Zoning Ordinance would alter the City's
entitlement review process, but would not have an effect on the
environment. Some commercial and industrial uses would no longer
require discretionary review to occupy existing buildings. These
are only uses that would not involve levels of activity that would
create new significant environmental effects, provided that they
comply with all applicable development regulations. No further
environmental documentation is required.
STAFF RECOI- MNDATION
1. Open the public hearing, accept public testimony and close the
public hearing.
3. Adopt Resolution No. PC -2004- recommending to the City
Council approval of amendments to Chapter 17.20 and 17.44 of
the Moorpark Municipal Code.
ATTACHMENT: Draft Planning Commission Resolution
000033
RESOLUTION NO. PC -2004-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO
THE CITY COUNCIL APPROVAL OF ZONING ORDINANCE
AMENDMENT NO. 2004 -04 TO AMEND CHAPTERS 17.20
(USES BY ZONE) AND 17.44 (ENTITLEMENT - PROCESS
AND PROCEDURES) OF THE MOORPARK MUNICIPAL CODE
RELATED TO ENTITLEMENT REVIEW PROCEDURES FOR
CERTAIN USES
WHEREAS, on May 19, 2004, the City Council adopted
Resolution No. 2004 -2192 directing the Planning Commission to
study, set a public hearing, and provide a recommendation on
amendments to the Zoning Code related to the entitlement review
process for certain uses; and
WHEREAS, at its meeting of June 15, 2004, the Planning
Commission conducted a duly- noticed public hearing on Zoning
Ordinance Amendment No. 2004 -04, proposed amendments to Chapters
17.20 and 17.44 of the Moorpark Municipal Code, received public
testimony on the proposed amendments, and after receiving oral
and written public testimony, closed the public hearing and
reached a decision; and
WHEREAS, the Planning Commission concurs with the Community
Development Director's determination that this project is exempt
from the provisions of the California Environmental Quality Act
by the general rule that CEQA only applies to projects that may
have a significant effect on the environment.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. GENERAL PLAN AND SPECIFIC PLAN CONSISTENCY: The
Planning Commission finds the proposed amendments to Chapters
17.20 and 17.44 of the Moorpark Municipal Code related to the
entitlement review process for certain uses are consistent with
the City of Moorpark General Plan and all adopted Specific
Plans.
SECTION 2. RECOMMENDATION: The Planning Commission
recommends to the City Council adoption of an ordinance to amend
Chapters 17.20 and 17.44 of the Moorpark Municipal Code related
to the entitlement review process for certain uses as
recommended by staff and shown as Exhibit 1, attached.
PC ATTACHMENT 000034
RESOLUTION NO. PC -2004-
Page 2
SECTION 3. CERTIFICATION OF ADOPTION: The Community
Development Director shall certify to the adoption of this
resolution and shall cause a cause a certified resolution to be
filed in the book of original resolutions.
The action of the foregoing direction was approved by the
following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
PASSED AND ADOPTED THIS 15th DAY OF June, 2004.
Scott Pozza, Chair
ATTEST:
Barry K. Hogan
Community Development Director
Exhibit 1: Draft Ordinance Amending Chapters 17.20 and 17.44 of
the Moorpark Municipal Code
000035
Resolution No. PC -2004-
Page 3
EXHIBIT 1
ORDINANCE NO.
AN ORDINANCE OF THE CITY
AMENDING CHAPTERS 17.20
(ENTITLEMENT - PROCESS
MOORPARK MUNICIPAL CODE
OF MOORPARK, CALIFORNIA,
(USES BY ZONE) AND 17.44
AND PROCEDURES) OF THE
WHEREAS, on May 19, 2004, the City Council adopted
Resolution No. 2004 -2192 directing the Planning Commission to
study, set a public hearing, and provide a recommendation on
amendments to the Zoning Code related to the entitlement review
process for certain uses; and
WHEREAS, at its meeting of June 15, 2004, the Planning
Commission conducted a duly- noticed public hearing on proposed
amendments to the entitlement review process for certain uses,
received public testimony on the proposed amendments, and after
receiving oral and written public testimony, closed the public
hearing and reached a decision, recommending to the City Council
approval of Zoning Ordinance Amendment 2004 -04, for amendments
to Chapter 17.20 and 17.44 of the Moorpark Municipal Code; and
WHEREAS, at its meeting of , 2004, the City
Council conducted a duly- noticed public hearing on proposed
amendments to Chapters 17.20 and 17.44 of the Moorpark Municipal
Code pertaining to the entitlement review process for certain
uses, received public testimony on the proposed amendments, and
after receiving oral and written public testimony, closed the
public hearing, and reached a decision.
WHEREAS, the City Council concurs with the Community
Development Director's determination that this project is exempt
from the provisions of the California Environmental Quality Act
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 ORDAIN AS FOLLOWS:
SECTION 1. The City Council finds the proposed amendments
to Chapters 17.20 and 17.44 of the Moorpark Municipal Code
related to the entitlement review process for certain uses are
consistent with the City of Moorpark General Plan and all
adopted Specific Plans.
0000.3E
Resolution No. PC -2004-
Page 4
SECTION 2. Sections 17.20.050, 17.20.060, and 17.44.040
are hereby amended as shown in Exhibit A.
SECTION 3. If any section, subsection, sentence, clause,
phrase, part or portion of this Ordinance is for any reason held
to be invalid or unconstitutional by any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council declares
that it would have adopted this Ordinance and each section,
subsection, sentence, clause, phrase, part or portion thereof,
irrespective of the fact that any one or more section,
subsections, sentences, clauses, phrases, parts or portions be
declared invalid or unconstitutional.
SECTION 4. This Ordinance shall become effective thirty
(30) days after its passage and adoption.
SECTION 5. The City Clerk shall certify to the passage and
adoption of this ordinance; shall enter the same in the book of
original ordinances of said City; shall make a minute of the
passage and adoption thereof in the records of the proceedings
of the City Council at which the same is passed and adopted; and
shall, within fifteen (15) days after the passage and adoption
thereof, cause the same to be published once in the Moorpark
Star a newspaper of general circulation, as defined in Section
6008 of the Government Code, for the City of Moorpark, and which
is hereby designated for that purpose.
PASSED AND ADOPTED this day of , 2004.
Patrick Hunter, Mayor
ATTEST:
Deborah S. Traffenstedt, City Clerk
Exhibit A: Chapters 17.20, 17.28, and 17.44
4 000031-11
Resolution No. PC -2004-
Page 5
F.XHTRTT n
AMENDMENTS TO CHAPTER 17.20 AND CHAPTER 17.44
OF THE MOORPARK MUNICIPAL CODE
Section 17.20.050 of the Moorpark Municipal Code is hereby
amended as follows:
Section 17.20.050 Permitted uses in open space, agricultural, residential and special purpose
zones.
Permitted uses in open space, agricultural, residential and special purpose zones are set forth in
Table 17.20.050 below and in the conditions of approval of any applicable residential planned development
permits. In addition to the entitlements required by Table 17.20.050, a planned development permit is
required for all residential development of five (5) or more units. All uses, as applicable, shall comply with
Moorpark Municipal Code Title 5, Business Taxes, Licenses and Regulations.
Table 17.20.050
PERMITTED USES IN OPEN SPACE, AGRICULTURAL, RESIDENTIAL, AND SPECIAL
PURPOSE ZONES
[Blank] = Not permitted, NZC = No Zoning Clearance required, ZC = Permitted by Zoning Clearance, AP
= Administrative Permit, CUP = Conditional Use Permit, TUP = Temporary Use Permit
Zones
O -S
A -E
R -A
R -E
R -O
R -1
R -2
RFD
TPD
A. AGRICULTURAL USES
1. Animal Husbandry in
accordance with Sections
17.20.040 and 17.28.030
a. Without Structures
ZC
ZC
ZC
ZC
ZC
ZC
b. With structures of total
gross floor areas per lot:
- Less than 1,000 s . ft.
ZC
ZC
ZC
ZC
- 1,001 — 20,000 s . ft
AP
ZC
AP
- 20,001 — 100,000 s . ft.
CUP
AP
- >I 00,000 s . ft.
CUP
2. Animal hospital, for large
CUP
CUP
CUP
animals
3. Apiculture in accordance
ZC
ZC
AP
with Section 17.28.210
4. Crop production where no
ZC
ZC
ZC
ZC
ZC
ZC
ZC
ZC
structures are involved
5. Greenhouse, hothouse and
the like. Minimum property
line setbacks shall be 20 -feet.
With a total gross floor area
per lot:
- Less than 1,000 s . ft.
ZC
ZC
ZC
ZC
ZC
ZC
ZC
- 1,001 — 20,000 s . ft.
ZC
ZC
AP
AP
CUP
- 20,001 — 100,000 s . ft.
AP
CUP
- >100,000 s . ft.
CUP
CUP
5 00GO3 3
Resolution No. PC -2004-
Page 6
Zones
O -S
A -E
R -A
R -E
R -O
R -1
R -2
RPD
TPD
6. Kennels and catteries
CUP
CUP
CUP
CUP
(domestic) see Section
17.28.030
7. Wholesale nurseries, tree
AP
AP
AP
AP
AP
AP
AP
AP
farms and ornamental plant
farms including container
plants. Retail sales shall be
limited to the requirements of
section 17.28.070
8. Wildlife sanctuaries
CUP
CUP
B. RESIDENTIAL USES
Zones
O -S
A -E
R -A
R -E
R -O
R -1
R -2
RPD
TPD
1. Boardinghouses and bed and
CUP
CUP
CUP
CUP
CUP
CUP
CUP
breakfast inns
2. Care facilities
a. Consistent with the
NZC
NZC
NZC
NZC
NZC
NZC
NZC
requirements of the State of
California Health and Safety
Code, Chapter 3.6. Care
facilities serving six (6) or
fewer persons, such as a any
facility defined as a
community care facility and
residential care facilities as
defined by Chapters 3 and 3.2
of the Health and Safety Code,
shall meet the standards and
requirements applicable to
single family dwellings
b. For seven (7) to twelve (12)
ZC
ZC
ZC
ZC
ZC
ZC
ZC
children, up to 14 children may
be allowed when found
consistent with Section
1597.465 of the Health and
Safety Code
3. Dwellings, single family
a. Standard construction,
AP
AP
AP
AP
AP
AP
AP
AP
AP
including manufactured
housing consistent with
Section 17.28.020 C (for five
(5) or more homes constructed
in the R -A, R -O, R -E, and R -1
zones a planned development
permit is required)
b. Less than five (5) affordable
AP
AP
AP
or senior housing when in
compliance with Chapter 17.64
0001039
Resolution No. PC -2004-
Page 7
Zones
O -S
A -E
R -A
WE
R -O
R -1
R -2
RPD
TPD
c. Second dwelling units when
ZC
ZC
ZC
ZC
ZC
ZC
in compliance with section
17.28.020G
4. Dwellings, two - family or
two single family dwellings on
one lot
a. Less than five (5) dwelling
AP
AP
units
b. Less than five (5) affordable
AP
AP
or senior housing units when in
compliance with Chapter 17.64
5. Dwellings, multiple family
a. Less than five (5) dwelling
AP
units
b. Less than five (5) affordable
AP
or senior housing units when in
compliance with Chapter 17.64
6. Mobilehome parks in
CUP
CUP
CUP
CUP
CUP
CUP
CUP
compliance with the applicable
standards of the zone in which
it is located. It shall include
recreation facilities with
minimum distance between
structures of ten (10) feet and
minimum distances between
accessory structures of six (6)
feet
7. Model homes, temporary
AP
AP
AP
AP
AP
AP
AP
office for the sale of homes or
lots in a subdivision that are a
part of an approved tentative
map and when there is a model
complex plan/temporary office
plan approved by the
community development
director
C. PUBLIC AND UASI- PUBLIC USES
Zones
O -S
A -E
R -A
WE
R -O
R -1
R -2
RPD
TPD
1. Places of religious worship,
CUP
CUP
CUP
CUP
CUP
CUP
CUP
with or without schools
2. Clubhouses with or without
CUP
CUP
CUP
CUP
CUP
alcoholic beverage sales
3. Colleges and universities
CUP
000040
Resolution No. PC -2004-
Page 8
Zones
O -S
A -E
R -A
R -E
R -O
R -1
R -2
RPD
TPD
4. Communication facilities,
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
including wireless in
accordance with the
requirements of chapter 17.42
appfevak.pre- approved
locations require only an AP
5. Energy production from
CUP
CUP
CUP
renewable resources
6. Governmental uses
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
including, but not limited to
city offices, community rooms,
fire stations, human service
centers, libraries, police
stations, public utility facilities
7. Utility structures (electrical
AP
AP
AP
AP
AP
AP
AP
AP
AP
boxes, transformers and valve
apparatus that have no covered
floor area and are attached to
the ground by poles, columns
or pedestals shall not require a
zoning clearance
8. Wireless communication
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
facilities in accordance with
chapter 17.42 (N40ROF fitsilities
„1y
plasifling
pre -
approved locations require
only an AP
D. ACCESSORY AND MISCELLANEOUS
USES
Zones
O -S
A -E
R -A
R -E
R -O
R -1
R -2
RPD
TPD
1. Animal keeping in
accordance with the
requirements of Section
17.28.030
a. Apiculture
ZC
ZC
ZC
b. Aviaries
AP
AP
AP
AP
c. Farm animals including
NZC
NZC
NZC
NZC
NZC
NZC
NZC
NZC
NZC
horses and ponies subject to
the requirements of Section
17.28.30
d. Pet animals are allowed in
NZC
NZC
NZC
NZC
NZC
NZC
NZC
NZC
NZC
all zones subject to the
requirements of Section
17.28.030C
e. Wild animals subject to the
AP
AP
AP
requirements of Chapter 6.24
000041
Resolution No. PC -2004-
Page 9
Zones
O -S
A -E I
R -A
R -E I
R -O
R -1 I
R -2
RPD
TPD
2. Accessory structures
a. balcony, deck, patio covers,
ZC
ZC
ZC
ZC
ZC
ZC
ZC
ZC
room additions, or storage
sheds
b. Fences and walls less than
NZC
NZC
NZC
NZC
NZC
NZC
NZC
NZC
NZC
six (6) feet and retaining walls
less than three (3) feet in
height, paving and decks when
constructed lower than thirty
(30) inches above the
immediate surrounding natural
grade
c. Fences and walls greater
ZC
ZC
ZC
ZC
ZC
ZC
ZC
ZC
ZC
than six (6) feet and retaining
walls greater than three (3) feet
in height, paving and decks
when constructed higher than
thirty (30) inches above the
immediate surrounding natural
grade
d. Swimming, wading or
ZC
ZC
ZC
ZC
ZC
ZC
ZC
ZC
ZC
ornamental pools designed for
a water depth greater than
eighteen 18 inches
3. Antenna or flag pole, ground
mounted, non - commercial
AP
AP
AP
AP
AP
AP
AP
AP
AP
a. <35 -feet high
b. >35 -feet high
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
4. Dwelling, caretaker
AP
AP
AP
AP
AP
AP
AP
AP
AP
5. Dwellings, farm labor
AP
AP
AP
6. Home occupation when
NZC
NZC
NZC
NZC
NZC
NZC
NZC
NZC
NZC
conducted in an existing single
family home and consistent
with the requirements of
Section 17.28.020B
7. Maintenance and minor
ZC
ZC
ZC
ZC
ZC
ZC
ZC
ZC
ZC
repair to buildings involving
structural alterations
8. Motion picture and
TUP
TUP
TUP
TUP
TUP
TUP
TUP
TUP
TUP
television production and
related activities and structures
(activities of a maximum of 42
days in any 180 -day period are
considered temporary and shall
comply with the requirements
of Section 17.28.120 and Title
5 of the Moorpark Municipal
Code
000042
Resolution No. PC -2004-
Page 10
Zones
O -S
A -E
R -A
R -E
R -O
R -1
R -2
RPD
TPD
9. Mobilehomes or recreation
TUP
TUP
TUP
TUP
TUP
TUP
TUP
TUP
TUP
vehicle as temporary dwelling
on the site of an active
building permit during
construction
10. Produce stands in
ZC
ZC
ZC
ZC
ZC
ZC
ZC
ZC
ZC
compliance with the
requirements of section
17.28.070
11. Recreational facilities, non-
CUP
CUP
CUP
CUP
CUP
CUP
CUP
CUP
profit or for profit, including,
but not limited to athletic
fields, bicycle and skate parks,
community centers, golf
courses, gymnasiums, retreats,
riding stables. Bicycle and
skate parks shall be in
compliance with section
17.28.240 (Public park and
recreation facilities are
permitted in all zones and do
not require a CUP or a ZQ
12. Storage of building
ZC
ZC
ZC
ZC
ZC
ZC
ZC
ZC
ZC
materials in accordance with
the requirements of section
17.28.160
13. Storage, open consistent
NZC
NZC
NZC
NZC
NZC
NZC
NZC
NZC
NZC
with section 17.28.020F
14. Soil testing for wells,
NZC
NZC
NZC
NZC
NZC
NZC
NZC
NZC
NZC
foundations, septic systems
and similar construction
15. Temporary uses including,
TUP
TUP
TUP
TUP
TUP
TUP
TUP
TUP
TUP
but not limited to carnivals,
Christmas tree sales, circuses,
festivals, movie and television
production, sidewalk sales,
special events, outdoor sales,
when in compliance with
chapter 17.44. Issuance of a
temporary use permit shall
take the place of a zoning
clearance. Temporary uses
lasting more than 180 days
require an AP
10 000043
Resolution No. PC -2004-
Page 11
Section 17.20.060 of the Moorpark Municipal Code is hereby
amended as follows:
Section 17.20.060 Permitted uses in commercial and industrial zones.
Permitted uses in commercial and industrial zones are set forth in Table 17.20.060 below and in the
conditions of approval of any applicable commercial and industrial planned development permits. In
addition to the entitlements required by Table 17.20.060, a planned development permit is required in all
commercial and industrial zones for any Use WheFe the total p-ess fieer aFea of buildings an tile
new construction of building floor area 10,000 square feet or greater, and an administrative Wring is
required in all commercial and industrial zones for any new construction of less than 10,000 square feet of
building floor area. All uses, except for those specifically identified as outdoor uses, shall be operated
within a building. Prior to the issuance of a Zoning Clearance, a discretionary permit, or an exception, the
community development director shall verify that the site, use or structure has an approved planned
development permit or administrative permit if needed in accordance with this Section and Section
17.44.040(0. All uses shall comply with Moorpark Municipal Code Title 5, Business Taxes, Licenses and
Regulations.
Table 17.20.060
PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES
[Blank] = Not permitted, NZC = No Zoning Clearance required, ZC = Permitted by Zoning Clearance, AP
= Administrative Permit, CUP = Conditional Use Permit, TUP = Temporary Use Permit
Zones
C -O
C -1
CD
C -2
GOT
M -1
M -2
I
A. RETAIL AND SERVICE USES
1. Adult businesses
CUP
CUP
2. Alcoholic beverage sales for off -site consumption
when in conjunction with another city-approved
retail or service use other than automobile service
station or li uor store
a. beer and/or wine (_ *if within 100 feet of a
CUP
AP*
AP*
AP*
AP*
residentially zoned property a conditional use permit
Lis required)
b. beer, wine and other alcoholic beverages
CUP
CUP
CUP
CUP
CUP
2 3. Automobile/light truck/motorcycle
AP
AP
AP
CUP
AP
AP*
AP
AP
AP*
�R
AP*
100 feet
a. rewal (if within of a Fesidentially zoned
b a. brakes, oil changes, tires and shock sales and
installation, tune -ups and other light service and
repair (with or without hydraulic lifts) ( *if within
100 feet of a residentially zoned property a
conditional use permit is required)
b. car washes, self - service or automatic with or
CUP
CUP
without automotive services stations
c. engine rebuilding, transmission repair, steam
cleaning, auto body, painting
GULP
CUP
CUP
d. parts and supp lies
ZC
ZC
ZC
ZC
000044
Resolution No. PC -2004-
Page 12
Zones
GO
C -1
CPD
C -2
C -OT
M -1
M -2
I
e. rental
AP
AP
AP
d f. sales, with or without service and parts
CUP
CUP
CUP
g. service stations with or without mini -marts and
CUP
CUP
with or without beer and wine sales for off -site
consum tion
CUP
CSR
MOOS with beef fOF
and or without and wine sales
off site eallsuwq4mien
4. Body piercing and/or tattoo
CUP
CUP
5. Building supplies (*if within 100 feet of a
residentially zoned property a conditional use permit
is required)
AP*
CUP
CUP
CAP
CSR
C-4p
7 .GRr
G6LP
Washes. Self sef=Viee OF alltOfflatie With 0
S 6. Hay and feed sales
CUP
CUP
4 7. Hotels, motels and bed- and - breakfast inns when
in compliance with chapter 5.44
CUP
CUP
CUP
CUP
4-0 8. Kennels and catteries
CUP
CUP
44 9. Liquor stores (when located no closer than
1,000 feet of any other liquor store or public or
private school) (if withiR 100 feet of a i-esidefitially
AP
CUP
AP
CUP
AP
CUP
�? 10. Massage, therapeutic when in compliance
with chapter 5.48 (if within 100 feet of a
AP
AP
AP
�3 11. Nurseries (retail) with or without container
grown plants when all equipment and supplies kept
in an enclosed area
C-6p
AP
4-4 12. Nurseries (wholesale and/or retail) with or
without container grown plants when all equipment
and supplies kept in an enclosed area
r
AP
4-5 13. Pawnshops, consignment stores, and
secondhand shops when in compliance with chapter
5.32, thrift stores
C-4p
AP
CUP
-16 14. Pest control services ( *if within 100 feet of a
residentially zoned property a conditional use permit
is required)
AP*
AP*
4-7 15. Private post offices, parcel services, copy
centers '
ZC
ZC
ZC
ZC
4 16. Psychics, fortunetelling, and spiritual advisors
when in compliance with Title 5 of the Moorpark
Municipal Code
CUP
12 000045
Resolution No. PC -2004-
Page 13
Zones
C -O
C -1
CPD
C -2
GOT
M -1
M -2
I
4-9 17. Recreation vehicle storage yards when not
CUP
located on parcels adjacent to Arterial Roads or
Freeways as shown on the Moorpark Circulation
Element Ma
30 18. Recycling centers
CUP
CUP
CUP
2+ 19. Recycling drop -off bins when located in an
ZC
ZC
ZC
ZC
ZC
ZC
area determined by the community development
director not to be in conflict with parking, vehicle or
pedestrian circulation (if within 100 t;aet of a
2? 20. Rental and leasing of large equipment with/
AP*
AP*
or without outdoor storage and repair ( *if within 100
feet of a residentially zoned property a conditional
use permit is required)
23 21. Retail shops and services, except as otherwise
ZE
ZC
ZC
ZC
indicated in this table, including, but not limited to
antiques, mart and craft dealers and supplies, auto
Vii, bakeryies, barbers, beauty salons, bicycle
sales /service, books and stationery, camera/photo
stores including on -site processing, carpet and
flooring sales/cleaning,/installation, cigar /cigarette
sales, clothing and fabric stores, computer sales and
service,
.,
department and variety stores, dry cleaners,
_electronic equipment sales and service, florists,
, food and - markets, gift
and novelty stores, hardware and tool stores, home
and office furniture and equipment sales, home
appliance sales and service, housewares sales
jewelry stores, key and locksmiths, music stores
(including recorded music and musical instrument
sales, service, and lessons), newstands, paint stores,
party supply sales and rental, pet grooming, pet sales
and supplies, pharmacyies,
photography studios, pool and spa sales and
supplies, shoe stores, sporting goods and equestrian
supplies, small equipment rental (no outdoor
storage), spy toy and hobby stores, used
Fnel-eliandise video/DVD /CD sales and rental,
wireless sales/service, and uses which the
community development director determines to be
similar when in compliance with section 17.20.020
(.. 100 feet
....,ter -rrr
13 0001040
Resolution No. PC -2004-
Page 14
Zones
C -O
C -1
CPD
C -2
C -OT
M -1
M -2
I
24 22. Retail sales combined with limited
distribution and/or warehousing ( *if within 100 feet
of a residentially zoned property a conditional use
permit is required)
AP*
23 23. Retail sales in the M -1 and M -2 zone limited
to a maximum of 20 % of the gross floor area of the
building in which it is located. In an industrial
complex the 20 % shall be computed on the basis of
the cummulative total (if within Inn feet of
AP
TUP
AP
TUP
26 24. Retail sales (temporary) in the M -1 and M -2
zones. Issuance of a temporary use permit shall take
the place of a zoning clearance.
27. 1 iTfiift St (ttr ffiy- 100
Z_C
ZC
ZC
ment ste!v —rorf`t
B. EATING AND DRINKING PLACES
Zones
C -O
C -1
C -2
CPD
GOT
M -1
M -2
I
AP
A-P
A42
A42
A42
a. beer an&ar wine (if 100 feet
within of -a
GUP
CU-P
C JLP
E i LP
CUP
2 1. Bars with or without entertainment including,
but not limited to cocktail lounges, cabarets
CUP
CUP
CUP
CUP
3 2. Breweries, micro breweries, wineries /tasting
rooms with or without restaurant and with or
CUP
CAP
CUP
CAP
CUP
A42
CUP
AP
without outdoor seating and with or without
entertainment
Ewt&OF Seatirr-
b. With
GULP
CUP
GULP
Ck}P
OF wifl!OHt Festaiffant and with
4 3. Restaurants and similar establishments
engaged primarily in the retail sale of prepared
food for on -site or off -site consumption in
accordance with the restrictions below:
a. With or without entertainment and with or
without on -site consumption of beer and wine and
other alcoholic beverages and with or without
outdoor seating ( *if within 100 feet of a
residentially zoned property a conditional use permit
is required)
AP*
AP*
AP*
AP*
AP*
14 000047
Resolution No. PC -2004-
Page 15
Zones
C -O
C -1
CPD
C -2
GOT
M -1
M -2
I
b. With
CUP
04P
04P
04P
CAP
er- without entef-Ioinment and with on sit-e
ee"sumption beef,
of Wine and athe!- aleehelie
e b. With drive -in or drive - through facilities (cam
CUP
CUP
CUP
CUP
CUP
site sale of all alcoholic beverages from the drive -in
or drive - through facilities is prohibited) with or
without outdoor seating
C. OFFICE AND PROFESSIONAL USES
Zones
C -O
C -1
C -2
CPD
GOT
M -1
M -2
I
1. Banks and other financial institutions (if within
100 feet
ZC
ZC
ZC
ZC
ZC
ZC
— of— a— res+denfiall�' Ze}Ied;— a
2. Laboratories: research and scientific N€ witin 109
AP
zG
ZG
«t identiall -
AP
AP
of a ed PFOpeFt�, nditi al
-use per-mit is required)
3. Professional and administrative offices,
ZC
ZC
ZC
ZC
ZC
ZC
including, but not limited to: accounting,
advertising agencies, chiropractic, collection
services; dental, direct mail marketing companies,
employment agencies, engineering services
insurance, investment, medical, optical and related
health services; planning services, real estate
services; secretarial services, travel agencies, and
uses which the community development director
determines to be similar when in compliance with
section 17.20.020 (if Nvith in i 00 feet of a
4. Veterinary offices and animal hospitals
a. Without boarding (keeping of animals indoors
AP
AP
AP
AP
AP
AP
and on -site for medical purposes shall not be
considered boarding; withi;a f� e! R
b. With boarding indoors or outdoors
CUP
CUP
CUP
D. MANUFACTURING, ASSEMBLY, AND DISTRIBUTION
USES
Zones
C -O
C -1
C -2
CPD
GOT
M -1
M -2
I
1. Cement, concrete and plaster, and product
CUP
fabrication
2. Distribution and transportation facilities
CUP
CUP
3. Heavy machinery repair, including trucks, tractors
CUP
and buses
15 000048
Resolution No. PC -2004-
Page 16
Zones
CPD
C -O
C -1
C -2
GOT
M -1
M -2
I
4. Manufacturing and assembly including, but not
ZC*
ZC*
limited to appliances, cabinets, cleaners, clothing,
computers, cosmetics, detergents, electronics,
furniture, leather products, machinery, medical and
scientific instruments, paper, perfumes,
pharmaceuticals, photographic and optical goods,
plastic products, signs and advertising displays,
soap, textiles and other uses which the community
development director determines to be similar
when in compliance with section 17.20.020 ( *if
within 100 feet of a residentially zoned property a
an administrative permit is
-required)
5. Outdoor storage when in conjunction with a city
CUP
AP*
approved use and when all storage is screened by an
8 -foot high masonry wall architecturally matched to
the structure. ( *if within 100 feet of a residentially
zoned property a conditional use permit is required)
6. Warehousing, including self - storage or mini -
C44P
r
storage. Self- storage or mini- storage shall not be
AP
AP
permitted on parcels adjacent to Arterial Roads or
Freeways as shown on the Moorpark Circulation
Element Ma
7. Welding (if within 100 feet of ., resid- entially
AP
Z_G
AP
E. PUBLIC AND SEMI - PUBLIC USES
1. Amusement and recreational facilities as defined
in Chapter 17.08
a. Arcades (video and computer) and c ber caf6s
CUP
CUP
CUP
CUP
b. Health club /gymnasium/fitness center /spa ( *if
AP*
AP*
AP*
AP*
Fup
within 100 feet of a residentially zoned property a
AP*
conditional use permit is required)
2. Care facilities, including adult day care facilities,
CUP
CUP
CUP
Alzheimer's day care facilities, congregate living
health facilities, child day care centers, community
treatment facilities, foster family and adoption
agencies, hospices, long -term health care facilities,
residential care facilities for the elderly, residential
care facilities for persons with chronic life -
threatening illness, skilled nursing and intermediate
care facilities, social rehabilitation facilities,
therapeutic day services facilities, transitional
housing placement facilities, and transitional shelter
care facilities as defined in Division 2 of the Health
and Safety Code.
16 000,049
Resolution No. PC -2004-
Page 17
Zones
CPD
C -O
C -1
C -2
GOT
M -1
M -2
I
3. Clubhouses, social clubs, service clubs with or
AP*
AP*
AP*
AP*
AP*
without alcohol ( *if within 100 feet of a
residentially zoned property a conditional use permit
is required)
4. Communication facilities, including wireless in
CUP
CUP
CUP
CUP
CUP
CUP
CUP
accordance with the requirements of chapter 17.42
appreval; pre- approved locations require only an
AP)
5. Energy production from renewable resources
CUP
CUP
6. Governmental uses including, but not limited to
CUP
CUP
CUP
CUP
CUP
CUP
CUP
city offices, community rooms, fire stations, human
service centers, libraries, police stations, public
utility facilities
7. Hospitals including urgent care ( *if within 100
AP*
AP*
AP*
AP*
feet of a residentially zoned property a conditional
use pennit is required)
8. Places of religious worship
CUP
CUP
9. Publie Private education aiid tfa+ni a facilities
including, but not limited to colleges and
CUP
universities, elementary, middle and high schools;
10. Private training facilities including but not
AP*
AP*
AP*
AP*
AP*
limited to professional and vocational schools, art
and craft schools, music schools not part of a music
store, and driver training schools ( *if within 100 feet
of a residentially zoned property a conditional use
ermit is required)
49 11. Recreational facilities (private) with/without
AP*
AP*
AP*
AP*
AP*
CUP
food services, including but not limited to bicycle
and skate parks, golf courses, grymnasiums, fitness,
health spas, martial arts, racquetball, yoga. Bicycles
and skate parks shall be in compliance with section
17.28.240 ( *if within 100 feet of a residentially
zoned property a conditional use permit is required)
44 12. Utility structures (electrical boxes,
AP
AP
AP
AP
AP
AP
AP
transformers and valve apparatus that have no
covered floor area and are attached to the ground
by poles, columns or pedestals shall not require a
zone clearance)
F. ACCESSORY AND MISCELLANEOUS USES
Zones
C -2
GO
C -1
CPD
C -OT
M -1
M -2
I
1. Dwelling, caretaker for self storage or mini -
AP
warehouse
2. Outdoor sales
CUP
I CUP
CUP
CUP
CUP
CUP
17 00 00,50
Resolution No. PC -2004-
Page 18
Zones
CPD
GO
C -1
C -2
GOT
M -1
M -2
I
3. Retail shops and services as listed in Table
AP
17.20.060A.?2 21 when the uses are determined by
the community development director to be ancillary
to the office uses of the zone '
4. Temporary uses including, but not limited to
TUP
TUP
TUP
TUP
TUP
TUP
TUP
carnivals, Christmas tree sales, circuses, festivals,
movie and television production, sidewalk sales,
special events, outdoor sales, when in compliance
with Chapter 17.44. Issuance of a temporary use
permit shall take the place of a zoning clearance.
Temporary uses lasting more than 180 days require
an AP.
Section 17.44.040 of the Moorpark Municipal Code is hereby
amended as follows:
Section 17.44.040 Discretionary permits and exceptions.
The following discretionary permits and exceptions are authorized by this title. If more than one
discretionary permit or exception application is required for a proposed use or structure, the community
development director may require all applications for the proposed use or structure to be filed, processed,
considered, and decided concurrently through the most stringent decision - making process and by the
highest decision - making authority of the permits and/or exceptions requested.
A. Temporary Use Permit (TUP). A temporary use permit is required prior to initiation of
uses or structures in a given zone as specified by chapter 17.20 of this title that are to be established for a
temporary period of time (not to exceed ninety (90) days). Temporary use permit applications require
review and approval by the community development director to assure compliance with the requirements
of this title, and may be conditioned to protect the health, safety, life, or property of the applicant or the
public. One additional ninety (90) day extension to a temporary use permit may be granted. A temporary
use permit may be revoked by the community development director prior to the expiration date based
upon information that the conditions have not been met, or to protect the health, safety, life, or property of
the applicant or the public.
B. Administrative Permit (AP). An administrative permit is required prior to the initiation of
uses and structures in a given zone as specified in chapter 17.20 of this title where review and approval by
the community development director is required to assure compliance with the provisions of the
Moorpark Municipal Code. An administrative permit application is subject to site plan and architectural
review. Notice of a pending decision on an administrative permit shall be mailed by the community
development director to the adjacent owners of real property, as identified on the latest adjusted Ventura
County Tax Assessor Roles, at least ten (10) days prior to the date of the decision. Public comments
concerning compliance of the proposed use or structure with the general plan, municipal code, or other
applicable regulations will be accepted during the period before the date of the decision. After the
comment period has ended, the community development director may approve the permit, deny the
permit, or approve the permit subject to conditions necessary for the proposed use or structure to comply
with the general plan, municipal code, and any other applicable regulations.
18 000051
Resolution No. PC -2004-
Page 19
C. Planned Development (PD) Permit. A planned development permit is required prior to
initiation of uses and structures in a given zone as specified in chapter 17.20 of this title where review by
the planning commission and city council through a public hearing process is required to assure the
project design complies with the provisions of this title and the general plan, and is compatible with
neighboring properties. A planned development permit application is subject to site plan and architectural
review and may be approved, conditionally approved, or denied. Heights, setbacks, sizes, locations,
architectural styles and colors of all proposed buildings, structures and other on -site improvements,
landscaping design, neighborhood design, and permitted land uses shall be established as part of the
planned development permit review and approval process. Any change to the initial permitted land uses
shall require a modification consistent with the requirements of section 17.44.100. The planning
commission and city council shall each hold at least one (1) public hearing on any planned development
permit application. Following a public hearing, the planning commission shall make a written
recommendation to the city council whether to approve, conditionally approve, or deny the application. The
city council shall be the decision authority for all planned development permits. Prior to approving,
conditionally approving, or denying an application for a planned development permit, the city council
shall adopt written findings, by resolution, based upon substantial evidence in view of the whole record to
justify the decision. In order for a planned development permit to be approved, the city council shall find
that:
1. The site design, including structure location, size, height, setbacks, massing, scale,
architectural style and colors, and landscaping, is consistent with the provisions of the general plan, any
applicable specific plans, zoning ordinance, and any other applicable regulations;
2. The site design would not create negative impacts on or impair the utility of properties,
structures or uses in the surrounding area; and
3. The proposed uses are compatible with existing and permitted uses in the surrounding
area.
D. Conditional Use Permit (CUP). A conditional use permit is required prior to initiation of
uses in a given zone as specified by chapter 17.20 of this title where review by the planning commission
and e+ty- eoune+l through a public hearing process is required to determine if the proposed use complies
with all necessary findings listed in this subsection. A conditional use permit is not allowed as a matter of
right, but is subject to site plan and architectural review and may be approved, conditionally approved, or
denied. Prior to approving, conditionally approving, or denying an application for a conditional use
permit, the eity mil planning commission shall adopt written findings, by resolution, based upon
substantial evidence in view of the whole record to justify the decision. In order for a conditional use
permit to be approved, the ne+l planning commission shall find that:
1. The proposed use is consistent with the provisions of the general plan, zoning ordinance,
and any other applicable regulations;
2. The proposed use is compatible with both existing and permitted land uses in the
surrounding area;
3. The proposed use is compatible with the scale, visual character, and design of
surrounding properties;
4. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring
property or uses; and
S. The proposed use would not be detrimental to the public health, safety, convenience, or
welfare.
6. Additional Finding for Hazardous Waste Facilities. The following additional finding is
required for the approval of conditional use permits for hazardous waste facilities:
a. The proposed hazardous waste facility is consistent with the portions of the county
hazardous waste management plan that identify specific sites or siting criteria for hazardous waste
facilities.
7. Additional Findings for Establishments Selling Alcoholic Beverages. The following
19 00G0%S2
Resolution No. PC -2004-
Page 20
additional findings are required for the approval of conditional use permits for establishments selling
alcoholic beverages:
a. The use will not result in an over concentration in the area of establishments selling
alcoholic beverages;
b. The use will serve a public convenience;
C. The use will not create the need for increased police services;
d. The requested use at the proposed location will not adversely affect the economic welfare
of the community; and
e. The exterior appearance of the structure will not be inconsistent with the external
appearance of commercial structures already constructed or under construction on surrounding properties,
or within the immediate neighborhood so as to cause blight, deterioration or substantially diminish or
impair property values within the neighborhood.
E. Variance. A variance is an adjustment in the regulations contained in this title. A
variance is based on discretionary decisions and may be granted to allow deviations from ordinance
regulations governing such development factors as setbacks, height, lot coverage, lot area and width,
signs, off - street parking, landscaping and wall, fencing and screening standards. A variance shall be
processed in accordance with the provisions of this title. A variance may not be granted to authorize a use
or activity as a substitute to an amendment to these zoning regulations. Except when a variance is filed as
part of a planned development permit, conditional use permit and as provided in subsection F. of this
section, variance requests shall be heard and decided by the planning commission through a public
hearing process. Prior to approving, conditionally approving, or denying an application for a variance,
the planning commission shall adopt written findings, by resolution, based upon substantial evidence in
view of the whole record to justify the decision. In order for a variance to be approved, the decision -
making authority shall find that:
1. There are special circumstances applicable to the subject property with regard to size,
shape, topography, location or surroundings, such that the strict application of the zoning regulations
denies the property owner privileges enjoyed by other property owners in the vicinity and under identical
zoning districts; and
2. The granting the requested variance will not confer a special privilege inconsistent with
the limitations upon other properties in the same vicinity and zone; and
3. The strict application of the zoning regulations as they apply to the subject property will
result in practical difficulties or unnecessary hardships inconsistent with the general purpose of such
regulations; and
4. The granting of such variance will not be detrimental to the public health, safety or
general welfare, nor to the use, enjoyment or valuation of neighboring properties; and
5. The granting of a variance in conjunction with a hazardous waste facility will be
consistent with the portions of the county's hazardous waste management plan (CHWMP) that identify
specific sites or siting criteria for hazardous waste facilities.
F. Administrative Exception.
1. An administrative exception may be granted by the community development director for
minor adjustments to the zoning regulations. An administrative exception may be granted only in the
following situations:
a. To allow a decrease of up to twenty percent (20 %) in any required minimum setback,
provided that such exception may be granted only once from the minimum standard adopted by this code
or any planned development permit approved consistent with this code;
b. To allow walls, fences or hedges to exceed the height limit regulations by a maximum of
one (1) foot in setback areas, except in a required sight triangle;
C. To allow an increase up to ten percent (10 %) for maximum building coverage, sign area
or sign height;
d. To allow up to a five- percent (5 %) decrease in the required lot area for second units.
20 0 c (- C�;,S
Resolution No. PC -2004-
Page 21
2. A notice of a pending decision on an administrative exception shall be mailed out to the
adjacent owners of real property, as identified on the latest adjusted Ventura County Tax Assessor Roles,
at least ten (10) days prior to the date of the decision. Public comments concerning the administrative
exception will be accepted during the period before the date of the decision. After the comment period
has ended, the community development director may approve the exception, deny the exception, or
approve the exception subject to conditions, if necessary for the exception to comply with the general
plan, municipal code, and any other applicable regulations. The director's decision is final unless
appealed within ten (10) day in accordance with section 17.44.090. In the approval of an administrative
exception the director shall find that:
a. The granting of the exception will not create negative impacts to abutting properties; and
b. The strict application of the zoning regulations as they apply to the subject property will
result in practical difficulties or unnecessary hardships inconsistent with the general purpose of such
regulations; and
C. The granting of the exception is consistent with the general plan and/or any applicable
specific plan.
21 0 VC 05
ITEM: 9. A.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission , �
FROM: Barry K. Hogan, Community Development Director o
Prepared by: Laura Stringer, Senior Management Analys /
DATE: May 26, 2004 (PC Meeting of 6/15/04)
v
SUBJECT: Consider Scheduling of a Summer Meeting Recess to
Coincide with City Council Recess.
BACKGROUND AND DISCUSSION
On May 5, 2004, the City Council considered a summer recess
schedule, and directed staff to post a notice of cancellation of
the August 4 and August 18, 2004, regular City Council meetings.
Staff is requesting that the Planning Commission determine the 2004
summer recess schedule, and recommends cancellation of the August 3
and August 17, 2004 regular Planning Commission meetings to
coincide with the approved City Council recess.
STAFF RECONSIENDATION
Direct staff to post a notice of meeting cancellation for the
August 3 and August 17, 2004, regular meetings.
\ \mor pri_sery \City Share \Community Development \ADMIN \COMMISSION \P C POLICIES \agenda O ��� 055
reports \2004 \040615 summer recess .doc