HomeMy WebLinkAboutRES 1995 311 0925RESOLUTION MO. PC -95 -311
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA RECOMMENDING TO
THE CITY COUNCIL CHANGES TO SECTION 17.20.060
(PERMITTED USES IN COMMERCIAL AND INDUSTRIAL
ZONES) OF THE MOORPARK MUNICIPAL CODE - CITY
OF MOORPARK ZONING ORDINANCE TO ALLOW AN
AUTOMOBILE SERVICE STATION IN THE M -1 AND M -2
ZONES WITH A PLANNING COMMISSION APPROVED
CONDITIONAL USE PERMIT, ONLY IF THE SUBJECT
PROPERTY HAS FRONTAGE ON OLD LOS ANGELES
AVENUE, NEW LOS ANGELES AVENUE, OR SPRING ROAD
AND RESCINDING RESOLUTION NO. PC -95 -310.
Whereas, the City Council may initiate proceedings to
consider amendments to the Zoning Code by the adoption of a
resolution of intention requesting the Planning Commission to set
the matter for study, public hearing, and recommendation within a
reasonable time; and
Whereas, on May 17, 1995, the City Council authorized the
initiation of proceedings to consider amendments to revise the
Zoning Ordinance for the purpose of considering revisions to
Section 17.20.060 (Permitted Uses in Commercial and Industrial
Zones) of the Municipal Code to allow automobile service stations
in industrial zones and directed the Planning Commission to study,
set a public hearing, study, and provide a recommendation to the
City Council; and
Whereas, That the Planning Commission at a duly noticed
public hearing on June 26, 1995 opened the public hearing, took
testimony and closed the public hearing; and
Whereas, the Planning Commission provided a
recommendation through Resolution PC -95 -310 to the City Council
pertaining to Section 17.20.060 (Permitted uses in Commercial and
Industrial Zones) of the Moorpark Municipal Code; and
Whereas, the City Council opened and closed the public
hearing on September 20, 1995; and
Whereas, on September 20, 1995, the Council remanded the
matter back to the Planning Commission for consideration of an
alternative that had not been previously discussed by the Planning
Commission on June 26, 1995, pursuant to Government Code Section
65857; and
PP09s21:95112:16prA: \PC1.RH'S
Whereas, the Planning Commission considered the new
alternative as proposed by the City Council.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
NOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. The Planning Commission recommends an
amendment to Section 17.20.060 (Permitted uses in Commercial and
Industrial Zones) of the Moorpark Municipal Code - City of Moorpark
Zoning Ordinance that automobile service stations be allowed in the
M -1 and M -2 Industrial zones with a Planning Commission approved
Conditional Use Permit, only if the subject property has frontage
on Old Los Angeles Avenue, New Los Angeles Avenue, or Spring Road.
SECTION 2. The Planning Commission hereby rescinds
Planning Commission Resolution PC -95 -310 given that said Resolution
is in conflict with this Resolution (PC- 95_311).
PASSED, APPROVED, AND ADOPTED THIS 25TH DAY OF SEPTEMBER, 1995.
AYES: Acosta, Martens, Miller, May, Torres
NOES:
ATTEST:
Celia LaFleur, Secretary
PP09r71r95112116pmA, \PCI.RSS
rho i
commission to render its report within 40 days. Upon receipt of the written notice the planning commission,
if it has not date so, shall conduct the public hearing as required by Section 65854. Failure to so report to
the legislative body within the above time period shall be deemed to be approval of the proposed zoning
ordinance or amendment to a zoning ordinance.
(Mtended by Suns. 1972, Ch. 384.)
Nottes and hearings 6USC 7be planning commission-shall hold a public hearing on the proposed zoning ordinance or amendment
bypki^niag o a zoning Ordinance. Notice of the hearing shall be given pursuant to Section 65090 and, if the proposed
commission ordinance or amendment to a zoning ordinance affects the permitted uses of real property; notice shall also
be given pursuant to Section 65091.
(Amended by Stats.1975, Ch. 249. Effective July 9,1975; Amended by Slats. 1984, Ch. 1009.)
(Section 658545 repealed by Slats. 1984, Ch. 1009.)
Planning 65855. After the hearing, the planning commission shall render its decision in the form of a written
Commission recommendation to the legislative body. Such recommendation shall include the reasons for the recommen-
reeommendationsto dat ion, the relationship of the proposed ordinance oramendmenttoapplicablegeneral and specificp lans,end
legislative body shall be transmitted to the legislative body in such form and manner as may be specified by the legislative
body. ,
(Amended by Slats. 1972, Ch. 639. Effective August 9,1972.)
Notice and hearing 65856. (a) Upon receipt of the recommendation of the planning commission, the legislative body shall hold a
by kgicbtive body public hearing. However, if the matter under consideration is an amendment oa zoningordinance o change
Property from one zone to another, and the planning commission has recommended against the adoption of
such amendment, the legislative body shall not be required to takeany futtheraction on theamendmentunless
otherwise provided by ordinance or unless an interested party requests a hearing by filing a written request
with the clerk of the legislative body within five days after the planning commission files its recommenda-
tions with the legislative body.
(b) Notice of the hearing shall be given pursuant to Section 65090.
(Amended by Slats. 1984, Ch. 1009.)
Commission H u l a 65857. The legislative body may approve, modify or disapprove the recommendation of the planning
oflegklatire •s commission; provideddtatanymodificadonofthepro posedordinanceoramendmetttbythekgislativebody
ehumger tat previously considered by the planning commission during its hearing;. shall fast be referred o the
planning commission for report and recommendation, but the planning commission shall not be required o
hold a public hearing thereon. Failure of the planning commission to report within forty (40) days after the
reference , or such longer period as may be designared by the legislative body, shall he deemed o be approval
of the proposed modification.
(Amended by Slats. 1973, Ch. 600.)
Urgeney measure: 65858. (a) Without following the procedures otherwise required prior to the adoption of a zoning ordinance,
_interim zoning the legislative body, to protect the public safety, health and welfare, may adopt as an urgency meaSnre an
ordinance interim ordinance prohibiting any uses which maybe in conflict with a contemplated general plan, specific
plan, or zoning proposal which the legislative body, planning commission or the planning department is
considering or studying or intends to study within a reasonable time. That urgency measure shall require a
four - fifths vote of the legislative body for adoption. The interim ordinance shall be of no further force and
effect 45 days from its date of adoption. After notice pursuant to Section 65090 and public hearing, the
legislative body may extend the interim ordinance for 10 months and 15 days and subsequently extend the
interim ordinance forone year. Any extension shall also requirea four -fifths vote foradoption. Not more than
two extensions may be adopted.
(b) Alternatively, an interim ordinance may be adopted by a four -fifths vote following notice pursuant to
Section 65090 and public hearing, in which case it shall be of no further force and effect45 days from its date
of adoption. After notice pursuant to Section 65090 and public hearing, the legislative body may by a four -
fifths vote extend the interim ordinance for 22 months and 15 days.
(c) The legislative body shall not adopt or extend any interim ordinance pursuant to this section unless the
ordinance contains a finding that there is acurrent and immediate threat to the public health, safety, or welfare,
and that the approval of additional subdivisions, use permits, variances, building permits, or any other
applicable entitlement for use which is required in order to comply with a zoning ordinance would result in
a threat to public health, safety, or welfare.
(d) Ten days prioro the expiration of an interim ordinance orany extension, the legislative body shall issue
a written report describing the measures taken to alleviate the condition which led to the adoption of the
ordinance.
(e) When an interim ordinance has been adopted, every subsequent ordinance adopted pursuant to this
section, covering the whole or a part of the same property, shall automatically terminate and be of no further
60 • 1992 planning, Zoning, and Development Laws
AGENDA REPORT
TO: The Planning Commission
FROM: Jaime Aguilera, Director of Community Develop)
Prepared by Paul Porter, Senior Planner
DATE: Sept. 21, 1995 (PC meeting of September 25, 1995)
SUBJECT: ZONING ORDINANCE AMENDMENT NO. 95 -2 - CONSIDER REVISIONS
TO SECTION 17.20.060 (PERMITTED USES IN COMMERCIAL AND
INDUSTRIAL ZONES) OF THE MOORPARK MUNICIPAL CODE (CITY OF
MOORPARK ZONING ORDINANCE) TO ALLOW AUTOMOBILE SERVICE
STATIONS IN INDUSTRIAL ZONES - ALI Z. BOURBARI
Background
On April 20, 1995, Ali Boukhari filed Preapplication No. 95 -5
requesting that staff initiate proceedings to amend Section
17.20.060 (Permitted Uses in Commercial and Industrial Zones) to
allow an automobile service station in the Industrial Zones. The
applicant proposes to have an automobile service station with a
min -mart at 6096 Condor Drive on approximately a 1.05 acre site
which is at the corner of Los Angeles Avenue and Condor Drive
(Assessor's Parcel No. 513 - 060 -270 - see attached location map).
On May 17, 1995, the City Council authorized the initiation of
proceedings to consider amendments to revise the Zoning Ordinance
for the purpose of considering revisions to Section 17.20.060
(Permitted Uses in Commercial and Industrial Zones) of the
Municipal Code to allow automobile service stations in industrial
zones, and directed the Planning Commission upon filing of a
complete application, to study, set a public hearing and provide a
recommendation to the City Council pertaining to the Zoning
Ordinance Amendment. In addition, the City Council stated that the
Planning Commission may consider both a change in the Land Use
Designation and rezoning of the property.
On June 26, 1995, the Planning Commission, at a duly noticed public
hearing, indicated its intent to recommend to the City Council an
amendment to Section 17.20.060 (Permitted Uses in Commercial and
Industrial Zones) to allow an automobile service station be allowed
in both the M -1 and M -2 Zones with approval of a Planning
Commission approved Conditional Use Permit, but requested that the
proposed Ordinance Amendment be brought back to the Planning
Commission concurrently with the applicant's request for the
Conditional Use Permit in order to streamline the process.
On August 28, 1995, the Planning Commission adopted Resolution No.
PC -95 -307 recommending to the City Council that automobile service
stations be allowed in the industrial zones with approval of a
Planning Commission approved Conditional Use Permit.
FP09:21195111r59mA1\2588P95.PC
Discussion
On September 20, 1995 the City Council held a public hearing
regarding the ordinance amendment and discussed an alternative to
the Planning Commission recommended zoning ordinance amendment.
The alternative would allow automobile service stations in the
industrial zones throughout the City with a Planning Commission
approved Conditional Use Permit, only if the subject property has
frontage on an arterial street as defined by the General Plan. The
Council felt that this alternative has merit in that automobile
service stations require a significant amount of traffic in order
to be economically feasible. As the Planning Commission did not
consider this alternative at their meeting on June 26, 1995 and
pursuant to Government Code Section 65857, this matter is being
remanded to the Planning Commission for discussion prior to the
City Council taking action.
State Law (attached) states that the legislative body may approve,
modify or disapprove the recommendation of the planning commission;
provided that any modification of the proposed ordinance or
amendment by the legislative body not previously considered by the
planning commission during its hearing, shall first be referred to
the planning commission for report and recommendation, but the
planning commission shall not be required to hold a public hearing
thereon.
-' Currently, there are three streets within the City with industrial
properties fronting an arterial highways with significant traffic
which would potentially warrant an automobile service station, Old
Los Angeles Avenue, New Los Angeles Avenue and Spring Road.
Staff proposes that specific streets should be named in the
proposed ordinance rather than using the generic term of arterial
streets. This was done for clarity and because there are only
three streets within the City that have industrial frontage on them
with sufficient traffic flow to warrant an automobile service
station.
Recommendation:
Adopt the attached resolution recommending to the City Council that
automobile service stations be allowed in the M -1 and M -2
Industrial zones with a Planning Commission approved Conditional
Use Permit, if the subject property has frontage on Old Los Angeles
Avenue, New Los Angeles Avenue, or Spring Road and rescind
Resolution PC -95 -310.
Attachment: 1. Planning Commission Resolution
2. Government Code Section 65857
PP09 :11:95111:59&X&: \753SP95.PC 2