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HomeMy WebLinkAboutMIN 1989 0501 PC REGPlanning Commission, City of Moorpark, California Minutes of May 1, 1989 Pa?e 1 The regular scheduled meeting of the Planning Commission held on May 1, 1989 in the City Council Chambers of the Community Center located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER The meeting was called to order at 7:07 p.m., Chairman Douglas Holland presiding. 2. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by newly appointed Commissioner Michael Scullin. 3. SEATING OF THE NEWLY APPOINTED PLANNING COMMISSIONER & THE OATH TO OFFICE By appointment of Eloise Brown, Mayor, Commissioner Michael Scullin. Chairman Holland introduced Commissioner Scullin and the Recording Secretary proceeded to administer the oath to office. Commissioner Scullin seated. 4. ROLL CALL PRESENT: Chairman Douglas Holland; Vice Chairman John Wozniak; Commissioner's; Michael Scullin; Bill Lanahan; Glen Schmidt. ABSENT: None. OTHER CITY OFFICIALS AND REPRESENTATIVES: Patrick J. Richards, Director of Community Development; Paul Porter, Senior Planner; Celia LaFleur, Administrative Secretary. 5. PUBLIC COMMENTS a. Franz Wolf, 14732 Loyola Street, Moorpark, CA. Builder and owner of 5301 Commerce Avenue industrial. buildings (3 separate lots, center lot consisting of two individual buildings). Mr. Wolf submitted to the Commission a letter dated May 1, 1989 referencing the 5301 Commerce Avenue industrial buildings. Proceeded to state that during the design process it was the intention that smaller units where compatible with start -up businesses that did not require large spaces. It was the intention to provide space for light industrial and high -tech businesses that shape a business park atmosphere. Industrial users of this size range are requiring a larger percentage of office, usually for short term r Planning Commission, City of Moorpark, California Minutes of May 1, 1989 -------Pare 2 time periods. It was partly for the reason that the top floor of the building was designed for office use. Mr. Wolf indicated that during the permit processing period on the building in question he was unaware that an office use in the industrial zone would require a conditional use permit and requested of the Commission if it was possible to accomplish a fast tract processing or perhaps eliminating the requirement of a CUP. The Director spoke regarding the request of Mr. Wolf and stated that under the current zoning ordinance; the industrial zone would require a conditional use permit to provide office use and that Mr. Wolf would be require to file an application for a CUP. 6. APPROVAL OF MINUTES Minutes of April 17, 1989. MOTION(a): Moved by Commissioner Schmidt; seconded by Commissioner Lanahan to approve the minutes of April 17, 1989 as submitted. r Motion passed on a 4:0 vote, Commissioner Scullin abstain. 7. CONSENT CALENDAR None. 8. PUBLIC HEARINGS (OLD BUSINESS) None. 9. PUBLIC HEARINGS (NEW BUSINESS) A. Revised Draft of the housing Element to the General Plan As required by Article 10.6 of the Government Code a periodic updating of the City's Housing Element is mandated by law every five years. Presented by Director Richards; reference: staff report dated April 12, 1989. The City's first Housing Element was adopted on June 2, 1986 almost three years after the incorporation of the City. Although, this revision is happening only two years after it's adoption; State law requires a revision of the Housing Element by July 1, 1989 so as to include the updated Regional Housing Needs Assessment (RHNA) numbers r created by the Southern California Association of Governments (SCAG). Planning Commission, City of Moorpark, California Minutes of May 1, 1989 ---_______Pa Ae 3 Local housing elements must incorporate a share of regional housing need figures or indicators of housing production and assistance needs within the City. These need figures created by SCAG are revised every five years. Along with the inclusion of updated RHNA numbers, the City must also provide a description of the progress made towards implementation of the previous housing element. Section V of this draft contains this required progress report. Another State requirement regarding updates is to include any legislative or judicial decision which affects the preparation of housing elements. Section IV addresses the State Attorney General's opinion under inventory of suitable sites. The last major item this element includes is a discussion of Measure F, a growth limitation ordinance initiated by the voters in November of 1986. This document goes into some detail to explain the relationship of Measure F and this Revised Housing Element. Relevant Issues and Required Data and Analysis Per State Guidelines The following aspects of data and analysis for housing elements are based on state law's regarding housing element requirements. The relevant Government Code Section are cited. Assessment of immediate housing needs (Section 65583 (a)) Number of existing households and housing units. Level of payment compared to ability to pay: the number of very low and lower income households occupying units at a cost greater than 25 percent of their gross household income; and comparison of the income distribution of low and moderate income households in the community to the range of costs of housing units for sale and for rent in the community. Overcrowding: the number of households living in overcrowded conditions (1.01 or more persons per room). Housing stock conditions: the number of households living in housing units needing rehabilitation or replacement, identified separately for owner- occupied and renter - occupied units. Special needs: assessment of the special needs of large families; farm workers; the elderly; the handicapped; families with female head of households and the homeless. r^ Planninx Commission, City of Moorpark, California Minutes of May 1, 1989 P se4 Projected new construction needs (Section 65584) Analysis of population and employment trends and quantification of existing and projected housing needs (e.g., five years) for all income levels (e.g., very low, lower, moderate, high). Existing and projected housing needs must include the city's share of the regional housing needs (calculated by SCAG) and take into consideration six factors: 1. Housing market demand. 2. Employment opportunities. 3. Availability of suitable sites and facilities. 4. Commuting patterns. 5. Type and tenure of housing needed. 6. Farm worker housing needs. Analysis of existing and potential sites for housing of all types in the jurisdiction (Sections 65583, and 65583(a)) Survey of vacant residential zoned land, including assessment of dwelling unit capacity and availability of infrastructure. Survey of existing and potential redevelopment sites. Survey of other sites suitable for public surplus land, under - utilized industrial areas, mixed use areas). residential development (e.g., residential, commercial, and Identify adequate sites to "meet the community's housing goals," including making "adequate provision for the existing and projected needs of all economic segments of the community." Assessment of actual and potential governmental and nongovernmental constraints on the maintenance, improvement, and development of housing for all income levels (Section 655631a)(41 and 15)) Local land use controls and development standards (e.g., lot sizes, density, unit sizes, height limits, lot coverage, etc.). Local building codes and their enforcement. On- and off -site improvements required of developers. Local processing procedures, including zoning changes, use permits, building permits, environmental clearances, etc. Local fees and other exactions required prior to construction or rehabilitation of a housing development. I Plannint Commission, City of Moorpark, California Minutes of May 1, 1989 Pa$e 5 Assessment of non - governmental factors constraining the availability of housing, including availability of financing, price of land, and costs of construction. Analysis of the opportunities for energy conservation in residential development (Section 65583[a)[71). Opportunities in the design and construction of individual units. Opportunities in the design of subdivision. Quantified Objectives The housing element must include quantified objectives which specify the maximum numbers of housing units that can be constructed, rehabilitated, and conserved within a five -year time frame, based on the needs, resources, and constraints identified in the housing element (Government Code Section 65583[b]). Whenever possible, objectives should be set for each particular housing program, establishing a numerical target for the effective period of the program. i Ideally, the sum of the quantified objectives will be equal to the identified housing needs. However, identified needs may exceed available resources and limitations imposed by other requirements of state planning law. Where this is the case, the quantified objectives need not equal the identified housing needs, but should establish the maximum number of units that can be constructed, rehabilitated, and conserved, given the constraints. Development Policies The housing element contains goals, objectives, specific policies, programs, and plan proposals for the development, improvement, and maintenance of housing (Government Code Section 65583[b]). The following are some of what is addressed by the housing element's development policies: The maintenance, improvement, and development of housing. The preservation and conservation of existing housing and neighborhoods. The provision of sites in suitable locations and with adequate services which can collectively accommodate a range of housing (type, size, and price) meeting the needs of all economic segments of the community. To meet needs and implement policies, the housing element include a five -year schedule of current and proposed implementation measures and identifies the agencies or officials responsible for implementation Planning Commission, City of Moorpark, California Minutes of May 1, 1989 Poe6 (Government Code Section 65583(c]). By law, the implementation program must be designed to do all of the following: 1. Identify adequate sites which will be made available through zoning and development standards for a range of housing types to meet the community's housing goals. 2. Assist in the development of housing affordable to low and moderate income households. 3. Address and where appropriate and legally possible, remove governmental constraints on the maintenance, improvement, and development of housing. 4. Conserve and improve the condition of the existing affordable housing stock. 5. Promote equal housing opportunities. Mandated Implementation Measures Provide density bonuses or other :incentives to developers who include units affordable to low or moderate income households. Amend the zoning ordinance to provide for development of secondary residential units on existing lots. Review building and development requirements and standards and modify those found to be unnecessary or excessive. Establish a single administrative unit to coordinate processing of multiple permits for residential developments. Previous Element Evaluation The revised element reflects an evaluation of the results of the previous element (Government Code Sections 65588 {a] and [b]). There are three parts to the information which the law requires to provided: 1. A comparison of the actual results of the earlier element with its goals, objectives, policies and programs. 2. An analysis of the significant differences between what was projected or planned in the earlier element and what was achieved. 3. A description of how the goals, objectives, policies and programs of the updated element incorporate what has been learned from the results of the prior element. Planning Commission, City of Moorpark, California Minutes of May 1, 1989 p ou 7 The Housing Element of the City's General Plan is by far the most involved and complex of all the elements. Therefore, even during todays efforts to update there are changes and amendments needed to the draft text. With the settlement of the Building Industry Association law suit the total allotments available is now 270 per year not 250 as stated in the draft. Even as this report is being prepared the fees for development processing are being amended. However, prior to the final adoption and printing these technical corrections should reach a conclusion. In staff's opinion the heart of the revised draft, and for the most part the element itself begins on page 49 of the text as a discussion of action programs. Next is a listing of community goals (pg. 54). These goals are generally created around mandates by the state under the Housing Element Guidelines and those "need" numbers illustrated by the SCAG RHNA numbers. The Draft Housing Element has just recently been submitted to the state for review. Therefore, no comments are available to the Commission. State law requires that before the City Council takes any action on the review draft they must consider the comments made by the state. The state has 45 days to review and comment. If no comments are received by the state the City is free to proceed. Also, at this time the City Attorney is reviewing the draft as presented to the Commission. Comments are not expected until after April 30, 1989. When comments are received they will be included in the Commission's next packet. Staff is recommending that the Commission proceed with their review of the draft at this time even though there are only four Commission members available. Inasmuch as the Housing Element is such an important part of the City's overall. development posture it is recommended that no final recommendation be made on the draft until all five Commission members are seated. Although, as stated earlier, the City is required to approve an updated Housing Element by July 1, 1989. Given the fact that the City Council may wish to conduct several meetings on this subject the Commission should send forth it's recommendation to the Council no later than May 15, 1989. Within the staff report as an attachment was the Countywide Planning Program forecast for population, dwelling units dwelling units (persons per household), General Plan Capacity. The Commissions concerns related to the County's population forecast in relation to the General Plan for Moorpark Planning Commission, City of Moorpark, California Minutes of May 1, 1989 ______Pa its 8 MOTION(b): Moved by Commissioner Wozniak; seconded by Commissioner Lanahan to continue: the public hearing of the Revised Housing Element to provide the City Attorney's and State comments to the Commission's meeting of May 15, 1989. Motion passed on a 5:0 vote. 10. PLANNING COMMISSION ACTION ITEMS A. Day Care Centers Resolution No. 89 -543 initiating proceedings to have the Planning Commission set a public hearing so as to review child day care center requirements of the City's Zoning Ordinance. The matter of day care centers for children first came to the Commission's attention at their January 3, 1989 meeting. At that time there was a recommendation made requesting the City Council to initiate the process of amending the zoning code to allow such uses In both the commercial and industrial zones. The City Council considered the Commission's recommendation at their April 5, 1989 meeting and adopted Resolution No. 89 -543. This resolution formally initiates proceedings to have the Planning Commission set a public hearing so as to review child day care center requirements of the City's Zoning Ordinance. The Council was interested. in having the Commission not only update the zoning code but to consider current trends and practices of cities regarding child day care centers. The issue which sparked the need to consider zoning code amendments for child day care centers is the fact that staff discovered no allowance for such a use within the City's commercial zones. Inasmuch as a majority of the large franchised day care facilities are located in commercial areas, there appeared to be a need to expand the opportunities for this use within the City. Presently, if an applicant approached the City only the residential zones would be available. In staff's report to the Commission in January we pointed out a number of drawbacks to limiting such a use to residential zones. First, a limited amount of property is available, and most is not well sited for such a use. Second, proper planning and design constraints may preclude a good project. Third, increased traffic and noise will be generated by parents dropping off and picking up their children causing potential interface concerns. Several years ago the State preempted cities and counties from regulatory child day care centers of six children or less. Therefore, our discussion here addresses only seven or more children where there is less than a le— twenty -four hour care. Planning Comission, City of Moorpark, California Minutes of May 1, 1989 Page Are all commercial zones appropriate for such a use? How should this use be regulated? The City has four Commercial Zones in the City: 1. Neighborhood Commercial (C -1) 2. General Commercial (C -2) 3. Commercial Planned Development: (CPD) 4. Commercial Office (C -0) The City has very little property zoned C -1. The only two areas are on the east side of Moorpark Avenue and at the northwest corner of Spring and Tierra Rejada Road. The C -2 zone is generally centered in the older commercial area along High Street. The remaining commercial areas are identified as CPD. There are no properties zoned in the City as C -0 at this time. All new construction is being developed under the CPD zone and is not expected to change in the near future. The only zone that staff would have any concern with is the C -0 if the City elected to use this zoning in the future. From staff's perspective it would be inappropriate to introduce a day care center within a commercial office zone because of the nature of the business which may prove to be disruptive. Also, office uses generate very similar peak hour vehicle trip generation factors which may over burden existing roadways. Staff has some concern with the introduction of such a use on High Street as it would appear incompatible with either existing or future uses within this unique center area of Moorpark. This area will be (someday soon) regulated by a Specific Plan or overlay zones to control the general ambiance. Although specific uses have not been discussed by the City; it is staff's general impression that the area is intended to support specialty retail goods and service only. The City has only two Industrial Zones within the City: 1. Industrial Park (M -1) 2. Limited Industrial (M -2) The M -1 zone generates slightly less intense industrial uses than the M -2 zone. When the Commission reviewed the subject of day care centers, there was an interest to open up the opportunities in the industrial areas. However, the Commission qualified there interest to include such a use where it was either operated by the industrial user or under contract within the industrial building or complex it served. To introduce such a use as a stand alone business in an industrial zone would in staff's opinion not be appropriate. The potential interface problems with noise, truck traffic and general safety of children would be of deep concern to staff. Planning Co®ission, City o£ Moorpark, California Minutes of May 1, 1989 P Qe 10 Child Care and Development Proposals The significant rise in the number of full -time working mothers, dual earner families and single parent households make child care a necessity and a fact of life for the majority of families with young children. The supply of convenient and appropriate child care services has generally not kept pace with this accelerating demand. Developers of property could play a valuable role in providing child care by allocating space for child care and by joining in other options such as child care referral services or charitable contributions. As the City begins it's general plan update there may be opportunities to look towards the social aspects of the planning process. Child Care and State Law Staff has provided as an attachment excerpts from Chapter 3.4 and 3.6, Division 2 of the Health and Safety Code. As indicated above the City does not regulate day care for 6 or fewer children. The State does allow cities the ability to regulate day care centers of 7 to 12 children by a simple zone clearance if desired by the City. The State does not preempt cities from regulating either 7+ children in residential areas nor does it prevent regulation in either commercial or industrial. zones. Method of Implementation Staff would recommend that the Commission consider requiring a conditional use permit for the establishment of all day care centers in either residential, commercial or industrial zones. As the name implies this type of regulation is designed to impose conditions as they relate to each separate application. This process will allow a great deal of flexibility to tailor any needed regulations on such. a user. Staff Recommended Action 1. That the Planning Commission recommend to the City Council amendments to: Article 10 Section 8128 -1 adding Child Day Care Centers; Article 11, Section 8129 -1 adding Child Day Care Centers; Article 12, Section 8130 -1 adding Child Day Care Centers; Article 23, Section 8141 -1.4 and Section 8141 -2.4 adding Child Day Care Centers sponsored by or permitted within the industrial use on the same site; I Planning Co®ission, City of Moorpark, California Minutes of May 1, 1989 Pairs 11 Article 47, Section 8170 -0 adding a definition for Child Day Care Centers as follows: Shall mean an establishment where care or supervision is provided on a less than twenty-four (24) hour per day basis, limited to children only, which is licensed according to applicable State Law. This terms shall include nursery schools. MOTION(c): Moved by Vice Chairman Wozniak, seconded by Commissioner Lanahan to approve staff's recommendation and to include Commercial Office zones (Article 21, Section 8139 -1). Motion passed on 5:0 vote. H. Consider Proposed Property Acquisition Consistency with the Citv of Moorpark General Plan On May 25, 1988 the City received a notice from the Moorpark Unified School District of their proposal to offer for sale, lease or exchange all or a portion of the former Moorpark Memorial High School site. This is the so called Naylor Notice in reference to applicable provisions of Education Code Section 39390 et. seq. The City responded to Moorpark Unified School District notifying them of the City's desire to acquire surplus school property as identified in the City's response to the District's Naylor Notice. Although the City has responded to the District regarding it's intent to purchase surplus property; Government Code Section 65402 requires that the Planning Commission of the City must first make a finding of conformity with the City's General Plan. This section of the Government Code states that no real property may be acquired by the City until the matter has been submitted to the Planning Commission and that they have reported upon its conformity with the adopted General Plan. The Planning Commission must render its report as to conformity within forty days after the matter is first before them. The City's interest in acquisition is directed to the area known as the lower fields of the site. It is this area the City desires to create a downtown park. Staff reviewed the City's entire General Plan and finds the following Goals and Policies to be consistent with the City's intent to create a downtown park: - Open Space, Conservation and Recreation Element Goal 2 Policy 2.2 - Encourage and ensure equal access to parkland for all residents, including the young, handicapped and elderly. Policy 2.6 - Acquire and provide parkland in areas where existing demand is the greatest in proportion to population. Planning Comission, Citv of Moorpark, California Minutes of May 1, 1989 Page 12 Land Use Element Goal 1 To provide a full range of recreational facilities and programs which are easily accessible to all people in Moorpark. Goal 2 To provide appropriately 'located neighborhood parks easily accessible to residents. Staff has also researched the State CEQA Guidelines regarding this matter and determined that the acquisition of property for park purposes is categorically exempt under Section 15316 or Class 16 - Transfer of ownership of land in order to create Parks. Staff Recommended Action 1. That the Planning Commission find that the acquisition of a portion of the Moorpark School District's surplus property (Moorpark Memorial High Y School) for park purposes is conforming and consistent with the City's General Plan. 2. That the Planning Commission find that the acquisition of surplus property from the Moorpark School District is categorically exempt under Section 15316 of CEQA. MOTION(d): Moved by Commissioner Schmidt; seconded by Commissioner Wozniak to approve staff's recommendation. Motion passed on a _';:0 vote. 10. INFORMATION /FUTURE ITEMS None. 11. COMMISSION COMMENTS For sale vehicles on Spring Road at: Tierra Rejada Road in violation. Commissioner Wozniak stated that he had received from the City Engineer's office information of the sign that will be provided for "Not A Through Street" on Spring Road near Charles Street. 12. STAFF COMMENTS r— None. Planning Commission, City of Moorpark, California Minutes of May 1, 1989 Page 13 13. ADJOURNMENT There being no further business the meeting of the Planning Commission adjourned at 8:30 p.m. RESPECTFULLY SUBMITTED ON JUNE 19, 1989, BY: Celia LaFleur, Secretary CHAIRMAN /VESIDING: Dougla's Rolland