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HomeMy WebLinkAboutRES 1997 331 0210RESOLUTION NO. PC -97 -331 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA PROVIDING A RECOMMENDATION TO THE CITY COUNCIL PERTAINING TO A PROPOSED CHANGE TO SECTION 17.52.060 C.2 (CHANGE OF USE) OF THE MOORPARK MUNICIPAL CODE CITY OF MOORPARK ZONING ORDINANCE. Whereas, Section 17.60.020 of the Municipal Code provides that 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 October 16, 1996, the City Council authorized the initiation of proceedings to consider an amendment to the Municipal Code by the adoption of a resolution of intention requesting the Planning Commission to set the matter for study, public hearing, and recommendation to the City Council for the purposes of considering an amendment to Section 17.20 to allow recreational vehicle storage in the CPD zones; and Whereas, at a duly noticed public hearing on January 27 and February 10, 1997, the Planning Commission held a public hearing on this matter; and Whereas, the Planning Commission determined that the modifications to the City's Municipal Code is categorically exempt pursuant to State CEQA Guidelines pursuant to Section 15061 (b) (3) in that the proposed amendment to the Municipal Code does not have the potential for causing a significant effect on the environment. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That on January 27 and February 10, 1997 the Planning Commission studied, held a public hearing, and recommended that the City Council make the modification described in Section 3 to the Municipal Code to modify nonconforming use section. SECTION 2. The Planning Commission recommends to the City Council that Section No. 17.20 (Uses by Zone) of the Moorpark Municipal Code not be amended to allow recreational vehicle storage in Commercial Planned Development Zones for the following reasons: a. Allowing the storage of recreational on CPD zoned properties with direct access along Los Angeles Avenue or other six -lane arterials will reduce prime commercial property available for commercial development, especially retail uses, which would generate sales tax to provide a better fiscal basis for City Resolution No. PC -97 -331 Proposed Change to Section 17.52.060 C -2 Paae 2 services. Furthermore, allowing storage of recreational vehicles in Commercial Planned Development (CPD) Districts generally may create adverse visual impacts. b. Allowing uses in CPD zones in secondary locations may include areas adjacent to residential areas, or have other unintended consequences or impacts and may further reduce areas available for other commercial uses that better contribute to purposes of these areas. SECTION 2. The Planning Commission recommends to the City Council the following addition to Section 17.52.060 C.2. of the Municipal Code: 3. Change of Use - The nonconforming use may be changed to a use that is similar with approval of a City Council approved Conditional Permit pursuant to the requirements of Chapter 17.44 (Entitlement - Process and Procedures) , provided the changed use is considered to have no greater impact than the previously existing use, is similar to the nonconforming use and is not considered as an expansion of the existing use. Conditions may be imposed, including, but not limited to time limitations, as deemed necessary for the compatibility of such nonconforming use with adjacent properties. SECTION 3. That the modification to the City's Municipal Code is categorically exempt pursuant to Section 15061 (b) (3) in that the proposed Ordinance Amendment does not have the potential for causing a significant effect on the environment. PASSED, APPROVED, AND ADOPTED THIS 10TH DAY OF FEBRUARY, 1997. AYES: Millhouse, Norcross, Miller, Lowenb @rg, and Acosta NOES: ` ATTEST: Celia LaFleur, Secretary to the Planning Commission Ernestd, x. Acost4, Chairman