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Resolution No. PC-2013-589
PLANNING COMMISSION
REGULAR MEETING AGENDA
TUESDAY, SEPTEMBER 24, 2013
7:00 P.M.
Moorpark Community Center 799 Moorpark Avenue
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS:
5. PUBLIC COMMENT:
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
All writings and documents provided to the majority of the Commission regarding all agenda items are
available for public inspection at the City Hall public counter located at 799 Moorpark Avenue during regular
business hours. The agenda packet for all regular Commission meetings is also available on the City's
website at www.ci.moorpark.ca.us.
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; for a Discussion item, prior to the Chair's call for
speaker cards for each Discussion agenda item; and for a Public Hearing item, prior to the opening of each
Public Hearing, or beginning of public testimony for a continued 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. Any questions concerning any agenda
item may be directed to the Community Development/Planning office at 517-6233.
Regular Planning Commission Meeting Agenda
September 24, 2013
Page 2
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS AND REPORTS ON
MEETINGS/CONFERENCES ATTENDED BY THE COMMISSION:
A. Future Agenda Items
i. CUP 2003-05 National Ready Mixed (Continued from August 26,
2009 to a date uncertain.)
ii. ZOA Sign Ordinance Revision
iii. Rescinding Toll Mazur DA, GPA, ZC
8. PUBLIC HEARINGS: (next Resolution No. PC-2013-589)
A. Consider Resolution Recommending to the City Council Approval of
Amendment No. 1 to the Development Agreement between the City of
Moorpark and Shea Homes, Limited Partnership, for Tentative Tract Map
No. 5425 to Adjust the Affordable Housing Requirement and Finding the
Previously Adopted Mitigated Negative Declaration Applicable. Staff
Recommendation: 1) Open the public hearing, accept public testimony,
and close the public hearing; and 2) Adopt Resolution No. PC-2013- ,
recommending to the City Council approval of the proposed amendment
to the Development Agreement. (Staff: David Moe)
B. Consider Resolution Recommending to the City Council Approval of
Zoning Ordinance Amendment No. 2013-05, to Amend Section E (Public
and Semi-Public Uses) of Table 17.20.060 of Section 17.20.060
(Permitted Uses in Commercial and Industrial Zones), of Chapter 17.20
(Uses by Zone), of Title 17 (Zoning), of the Moorpark Municipal Code
Related to Health Clubs, Gymnasiums, Fitness Centers, and Fitness
Studios, and Recommending that the City Council Make a Determination
of Exemption under CEQA in Connection Therewith. Staff
Recommendation: 1) Open the public hearing, accept public testimony,
and close the public hearing; and 2) Adopt Resolution No. PC-2013-
recommending to the City Council approval of Zoning Ordinance
Amendment No. 2013-05. (Staff Joseph Fiss)
Regular Planning Commission Meeting Agenda
September 24, 2013
Page 3
C. Consider Resolution Recommending to the City Council Approval of
Zoning Ordinance Amendment No. 2013-06 to Amend Part C of Section
17.32.050 (Parking Space Standards and Striping), of Chapter 17.32 (Off-
Street Parking Requirements), of Title 17 (Zoning), of the Moorpark
Municipal Code, Related to Tandem Parking, and Recommending that the
City Council Make a Determination of Exemption under CEQA Therewith
on the Application of City Ventures, LLC. Staff Recommendation: 1) Open
the public hearing, accept public testimony, and close the public hearing;
and 2) Adopt Resolution No. PC-2013- recommending that the City
Council approve Zoning Ordinance Amendment 2013-06. (Staff: Joseph
Vacca)
9. DISCUSSION ITEMS:
A. NONE.
10. CONSENT CALENDAR:
A. Consider Approval of the Regular Meeting Minutes of August 27, 2013.
Staff Recommendation: Approve the minutes.
11. ADJOURNMENT:
In compliance with the Americans with Disabilities Act, if you need special assistance to 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).
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss
CITY OF MOORPARK )
AFFIDAVIT OF POSTING
AGENDA
I, Tracy J. Oehler, declare as follows:
That I am the Deputy City Clerk of the City of Moorpark and that an agenda of the
Regular Meeting of the Moorpark Planning Commission to be held on Tuesday,
September 24, 2013, at 7:00 p.m. in the Council Chambers of the Moorpark Community
Center, 799 Moorpark Avenue, Moorpark, California, was posted on September 19, 2013,
at a conspicuous place at the Moorpark Community Center, 799 Moorpark Avenue,
Moorpark, California.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on September 19, 2013.
-------.> --- _
Tracy J. Oehler, Deputy City Clerk
MOORPARK,CALIFORNIA
Planning Commission 8. A.
of cf•z4.2013
ACTION:AFFRovE0 tSTAFF tzar o•to4a4-04710■5•
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BY: 1 'Ei4t..e ,
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: David A. Bobardt, Community Development Direc •
David C. Moe II, Redevelopment Manager
DATE: September 17, 2013 (PC Meeting of 9/24/2013)
SUBJECT: Consider Resolution Recommending to the City Council Approval of
Amendment No. 1 to the Development Agreement between the City
of Moorpark and Shea Homes, Limited Partnership, for Tentative
Tract Map No. 5425 to Adjust the Affordable Housing Requirement
and Finding the Previously Adopted Mitigated Negative Declaration
Applicable
BACKGROUND
On September 4, 2013, the City Council adopted a resolution directing the Planning
Commission to study, hold a public hearing, and make a recommendation on a
proposed amendment to a Development Agreement between the City of Moorpark and
Shea Homes to adjust the affordable housing requirement. Section 15.40.120 of the
Moorpark Municipal Code calls for amendments to development agreements to follow a
similar process as adoption of a new development agreement, with a public hearing and
recommendation by the Planning Commission, followed by a public hearing and action
by City Council.
DISCUSSION
On April 6, 2005, the Moorpark City Council commenced a duly noticed public hearing
on the Development Agreement between the City of Moorpark (City) and Shea Homes
(Shea) for Tentative Tract Map 5425. Following the conclusion of the public hearing,
the City Council adopted Ordinance No. 313 on April 20, 2005, approving the
Development Agreement for the construction of 101 (later reduced to 99 after final
design) single family attached homes. Section 6.9 of the Development Agreement
requires Shea to construct 20 affordable units to be made available to six very low, nine
low, and five moderate income households.
\\DC1\Department Share\Community Development\DEV PMTS\R P D\2003-02 Shea 2\DA\20130924 PC Report.docx
1
Honorable Planning Commission
September 24, 2013
Page 2
At the time the Development Agreement was negotiated, home values were
appreciating. However, between the years 2005 and 2013, home values have declined
and in some areas have not fully recovered. During this same time period, the median
income for a family of four in Ventura County increased from $77,400.00 to $89,300.00.
This depreciation of home values and increasing median income has brought the sale
price of the market rate units below what would be the sale price of the moderate
income units. This sequence of events essentially eliminated the market to sell the
moderate income units with affordability restrictions.
Both the City and Shea realized the problem with the marketability of the moderate
income units. After working together to come up with a solution, both staff and Shea
agreed that the best option would be to remove the moderate income unit requirement
and have Shea pay an in-lieu fee of $50,000.00 per unit or $250,000.00. Of this total
$127,000.00 would be paid in cash by Shea. The remaining $123,000.00 would be
secured by a second deed of trust to round up from 8.33 to 9 additional low income
units from converting the very low income units to additional low income units further
described in the next paragraph.
Staff and Shea also discussed the possibility of converting the very low income units to
low income units due to the difficulty of finding buyers that qualify for the City's First
Time Home Buyer Program. Due to the deep subsidy ($257,000.00) for developing a
very low income unit, the six very low income units ($1,542,000.00 subsidy) could be
converted to 8.33 low income units for the same subsidy. Staff believes it would be
beneficial to use $123,000.00 of the in-lieu fee to fill the gap between 8.33 to 9 low
income units. After reviewing staffs proposal to convert the six very low income units to
nine low income units, Shea agreed to the conversion.
The attached resolution includes the proposed amendment to Section 6.9 of the
Development Agreement in legislative format. In summary, the affordable housing
provisions would be as follows:
Current Affordability Requirement Proposed Affordability Requirement
6 Very Low Income 0 Very Low Income
9 Low Income 18 Low Income
5 Moderate Income 0 Moderate Income
20 Total Affordable Units 18 Total Affordable Units -
No In Lieu Fee. Shea to pay City $127,000 in-lieu Fee for
Moderate Income units.
2
Honorable Planning Commission
September 24, 2013
Page 3
PROCESSING TIME LIMITS
The adoption or amendment of a Development Agreement is a legislative act not
subject to time limits established for the processing of development projects under the
Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5).
ENVIRONMENTAL DETERMINATION
On April 6, 2005, the City Council approved Resolution No. 2005-2303, adopting a
Mitigated Negative Declaration for the project, including the General Plan Amendment,
Zone Change, Residential Planned Development Permit, Tentative Tract Map, and
Development Agreement. The proposed amendment to the Development Agreement,
as a change only to the affordable housing provisions, would not result in any physical
change to the previously approved project. In addition, there are no substantial
changes to the circumstances under which the project would be undertaken, in that the
project is on the same site, with the same anticipated surrounding uses and
infrastructure as considered in the previously adopted Mitigated Negative Declaration,
and the project with the Development Agreement as amended, would not result in new
significant effects or substantially more severe significant effects. Finally, there is no
new information of substantial importance, which was not known and could not have
been known at the time the previous Mitigated Negative Declaration was adopted that
shows one or more new significant effects or substantially more severe significant
effects from the project with the proposed amendment to the Development Agreement.
Therefore, no subsequent environmental documentation is needed.
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the public hearing.
2. Adopt Resolution No. PC-2013- , recommending to the City Council approval
of the proposed amendment to the Development Agreement.
ATTACHMENTS:
1, Location Map
2. Site Plan
3. Draft PC Resolution
3
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RESOLUTION NO. PC-2013-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE
CITY COUNCIL APPROVAL OF AMENDMENT NO. 1 TO THE
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
MOORPARK AND SHEA HOMES, LIMITED PARTNERSHIP FOR
TENTATIVE TRACT MAP NO. 5425 TO ADJUST THE
AFFORDABLE HOUSING REQUIREMENT AND FINDING THE
PREVIOUSLY ADOPTED MITIGATED NEGATIVE DECLATION
APPLICABLE
WHEREAS, on April 6, 2005, the Moorpark City Council adopted Ordinance No.
313 approving a Development Agreement with Shea Homes, Limited Partnership for
Tentative Tract Map 5425, on approximately 15 acres of land south of Los Angeles
Avenue between Spring Road and Millard Street; and
WHEREAS, Section 15.40.120 of the Moorpark Municipal Code establishes
procedures for the amendment of a Development Agreement; and
WHEREAS, on September 4, 2013, the City Council adopted Resolution No.
2013-3214, directing the Planning Commission to study, hold a public hearing, and
provide a recommendation to the City Council on a proposed amendment to the
Development Agreement with respect to the affordable housing requirement; and
WHEREAS, at its meeting of September 24, 2013, 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.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DOCUMENTION: On April 6, 2005, the City
Council approved Resolution No. 2005-2303, adopting a Mitigated Negative Declaration
for the project, including the General Plan Amendment, Zone Change, Residential
Planned Development Permit, Tentative'Tract Map, and Development Agreement. The
proposed amendment to the Development Agreement, as a change only to the
affordable housing provisions, would not result in any physical change to the previously
approved project. In addition, there are no substantial changes to the circumstances
under which the project would be undertaken, in that the project is on the same site,
with the same anticipated surrounding uses and infrastructure as considered in the
previously adopted Mitigated Negative Declaration, and the project with the
Development Agreement as amended, would not result in new significant effects or
PC ATTACHMENT 3
6
Resolution No. PC-2012-575
Page 2
substantially more severe significant effects. Finally, there is no new information of
substantial importance, which was not known and could not have been known at the
time the previous Mitigated Negative Declaration was adopted that shows one or more
new significant effects or substantially more severe significant effects from the project
with the proposed amendment to the Development Agreement. Therefore, the Planning
Commission finds the previously adopted Mitigated Negative Declaration is applicable
and no subsequent environmental documentation is needed.
SECTION 2. PLANNING COMMISSION RECOMMENDATION: The Planning
Commission recommends to the City Council approval of a proposed Ordinance
amending the Development Agreement by and between the City of Moorpark and Shea
Homes, Limited Partnership as shown in Exhibit A, attached.
SECTION 3. Filing of Resolution: The Community Development Director shall
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 24th day of September, 2013.
Diana S. Gould, Chair
David A. Bobardt, Community Development Director
Exhibit A - Draft Amendment to Development Agreement
7
Resolution No. PC-2013-
Page 3
Exhibit A
Amendment to Section 6.9 of Development Agreement
Between City of Moorpark and Shea Homes, Limited Partnership
for Tentative Tract Map No. 5425
Section 6.9 of the Development Agreement is amended as follows:
6.9. Developer shall provide eighteennine (918) three (3) bedroom and two
bath single family attached units with a minimum of 1,600 square feet
to be sold to buyers who meet the criteria for low income (80 percent
or less of median incom- ; - = - • = -2 : * = -
less of mcdian income). Developer shall also pay a two hundred fifty
thousand dollars($250.000.00) in-lieu fee to satisfy the requirement for
providing moderate income units the Protect. Payment of the in-lieu
fee will be made by two methods. The first ; - —. - _
.
moderate income (120 percent or less of mcdian income) one hundred
twenty-three thousand dollars ($123,000.00) of the in-lieu fee shall be
used by the Developer to increase the number of affordable low
income units in the Project from seventeen (17) to eighteen (18) units.
The remaining one hundred twenty-seven thousand dollars
($127,000.00) will be paid to the City.
All single family attached units shall include a standard size two-car
garage with roll-up garage door and a minimum driveway length of
eighteen (18) feet measured from the back of sidewalk, meet minimum
setback requirements of RPD 2003-02, include concrete roof tiles, and
other amenities provided in the market rate housing of this Project
(e.g., air conditioning/central heating, washer/dryer hookups, garbage
disposal, built-in dishwasher, concrete driveway, automatic garage
door opener). The aforementioned twenty-eighteen (j120) units are
collectively referred to as the affordable housing units or affordable
units.
Developer further agrees that it has the obligation to provide the
required number of affordable housing units as specified above
regardless of the cost to acquire or construct said housing units.
Developer further agrees that City has no obligation to use eminent
domain proceedings to acquire any of the required housing units and
that this subsection 6.9 is specifically exempt from the requirements of
subsection 7.2 of this Agreement.
8
Resolution No. PC-2013-
Page 4
Prior to recordation of the first final Tract Map for this Project, the
parties agree to execute a Purchase and Sale Agreement which further
sets forth the Developer's obligations of this subsection 6.9. and City's
obligations per subsection 7.7. The Purchase and Sale Agreement
shall be in the form attached hereto as Exhibit "C". The Developer
agrees to pay all City costs for preparation of the Purchase and Sale
Agreement and its implementation and administration through the sale
and occupancy of the last of the twenty-pay-affordable housing units.
The Developer agrees that the intent of this subsection 6.9. and the
Purchase and Sale Agreement is to provide the twenty-(20)-affordable
housing units consistent with applicable State and Federal laws and
that said units remain affordable for the longest feasible time.
Developer further agrees that the City at its sole discretion will make all
decisions pertaining to the selection of eligible first time home buyers
and all requirements placed on the sale of the twenty (20) affordable
housing units to said buyers. The difference between the initial
purchase price by a qualified buyer and market value shall be retained
by the City as a second deed of trust.
The actual initial purchase price (Affordable Sales Price) paid by a
qualified buyer, market value, buyer eligibility, resale restrictions,
equity share and second trust deed provisions, and any other items
determined necessary by the City will be approved by the City Council
in its sole and unfettered discretion prior to or at such time as qualified
buyers are selected to purchase the affordable housing units.
All units shall meet the criteria of all applicable State laws to qualify as
newly affordable to moderate income, low income and-vely-lew-inceme
persons (in the quantity as specified in this Agreement) to satisfy a
portion of the City's RHNA obligation and the Moorpark
Rcdevclopment Agency's affordable housing goals. None of the
affordable units required by this Agreement shall duplicate or substitute
for the affordable housing requirement of any other developer or
development project. All subsequent approvals required of City under
this subsection 6.9 shall be made at City's sole discretion. If any
conflict exists between this Agreement and the Purchase and Sale
Agreement or the conditions of approval for Tract Map No. 5425 and/or
RPD No. 2003-02, then the provision providing the City the most
favorable language for assisting eligible first time home buyers who
- -, - ' - • -e shall
prevail.
Developer agrees to provide the same home warranties associated
with the market rate units in the same project as the affordable units for
the maximum time required by State law, but in no event less than ten
9
Resolution No. PC-2013-
Page 5
(10) years. Developer agrees that all such warranties shall inure to the
benefit of and be enforceable by the ultimate occupants of the
moderate income, low income and very low income units, and that all
warranties by subcontractors and suppliers shall inure to the benefit of
and be enforceable by such occupants. The qualified buyer (or City in
lieu of a qualified buyer at its sole discretion) shall have the same
choices of finish options as purchasers of other units in the project and
final walk-through approval of condition of unit before close of sale.
Any options provided to buyers of units shall be provided to buyer(s) of
the required affordable housing units including but not limited to color
and style choices for carpeting and other floor coverings. Flooring
selections shall be made within 10 days of Developer's request for
selection.
In the event the monthly HOA fees for the affordable units exceed
$100.00 for each affordable unit, Developer shall deposit $120.00 for
each dollar or portion thereof of the monthly HOA fees that are in
excess of $100.00 into a City administered trust to assist with future
HOA fees for each affected affordable unit.
The Affordable Sales Price for the low-income buyers shall not exceed
affordable housing cost, as defined in Sec. 50052.5(b) (2) of California
Health and Safety Code. For a household of 4, the current monthly
"affordable housing cost" would be 30% times 70% of
$4089,600300.00, the current median income for a household of 4 in
Ventura County, divided by 12. This monthly amount includes the
components identified in Section 6920 of Title 25 of the California
Code of Regulations shown below. (See Section 50052.5(c) of the
Health and Safety Code.) The Affordable Sales Price for a low income
household of 4 would be $465205,000.00 under current market
conditions, based upon the following assumptions:
Low Income Buyer
Household of Four
Item Detail Amount
Affordable Sales Price $465205,000
Down Payment 5% of Affordable Sales $810,250
Price
Loan Amount Affordable Sales Price $456194,750
less down payment
Interest Rate 5,955.0%
Property Tax 1.25% of Affordable $172214/mo.
Sales Price
HOA $100/mo.
Fire Insurance $20/mo.
Resolution No. PC-2013-
Page 6
Maintenance $30/mo.
Utilities $47-4-162/mo.
-- A - e e _ e - - _ - • - -
household size.
The assumptions associated with the above purchase price figures for
low income households include a 5% down payment, based on the
Affordable Sales Price, mortgage interest rate of 5.450%, no mortgage
insurance, property tax rate of 1.25%, based on Affordable Sales
Price, homeowners' association dues of$100 per month, fire insurance
of $20 per month, maintenance costs of $30 per month, and utilities of
$171 162 per month for a household of 4, assuming a 3 bedroom unit.
. • : - •: *. •-: e - : e * - . •
- e • e A - • • a. - t
9° ••• - e 111,!! !, • - - • •• :: - • • -: •*-
• •
e • z • : - - e • - - - • e - et - e
- et -, -- A • e e : - - - • e e - -
z t e- •e- — , t--e . te • • -• e e
assumptions:
Velty-Low-11100Me-Buyer
Household-of-FOLFF
Item Detail Amount
Affeniable-Sales-Rrice $404400
Down Payment A - e - $57200
Price
Leall-ARIGLIFit A - - • $98,800
less-down-payment
Interest Rate 5795%
Property Tax 1.25% of Affordable $108/mo.
Sales Price
1.1.0A $4001-mo,
Fire Insurance $20/mo.
Maintenance $30/mo.
Utilities $171/mo.
A - - - - - - e e - e . -- e e e -
household size.
Resolution No. PC-2013-
Page 7
-- ' - - - - - • -- ' - - - - - • - - - - - • •
- -e •- -e • - - -- - - - - -- - I I — e • -
- •, - _ - -- - ° - I -- • - ", -
unit.
Moderate Income Buyer
• • - - - • - - ■ _ . . - - . __ • - e . - •-- » - - _ - 0 •.. - •0_ e I _ IS II . - - - --- --
• A • - - - - -- •- - - • -- - -- • e _ - - - • - e - -
- - - - - -
item Detail Amount
Affordable Sales Price $3-4300
gown-Payment 0
D rr-rive
Loan-Amount Affordable Sal Price $297,350
less-down-payment
Interest Rate 5.95%
Property Tax 1.25% of Market Price $do.
des $100/mo.
Fire/casualty ins. Mime,
Maintenance $30%e.
Utilities $171/mo.
- - - - - -- - ' • - - - ••:: - - - - e - - - - - - - • - -
household-size,
- - - -
12
Resolution No. PC-2013-
Page 8
unit.
Developer acknowledges that changes in market conditions may result
in changes to the Affordable Sales Price, down payment amounts,
mortgage interest rates, and other factors for the moderate_, ,4ow
income and very low income buyers. Furthermore, if "affordable
housing cost", as defined in Section 50052.5 of California Health and
Safety Code, should change in the future, the above guidelines will be
modified to achieve substantially the same result as would otherwise
have been obtained had it not been changed.
In the event the City, at its sole discretion purchases one or more of
the affordable units from Developer in lieu of a qualified buyer, the
Affordable Sales Price shall be based on a household size of 4
persons and consistent with all requirements of this subsection 6.9.
Developer agrees that prior to and upon the sale of a required unit to a
qualified buyer (or City in lieu of a qualified buyer as determined by
City at its sole discretion), City may at its sole discretion take any
actions and impose any conditions on said sale or subsequent sale of
the unit to ensure ongoing affordability to he
low income households and related matters. After the sale of a
housing unit by Developer to a qualified buyer (or City in lieu of a
qualified buyer as determined by City at its sole discretion), City, not
Developer, shall have sole responsibility for approving any subsequent
sale of that affordable housing unit.
Developer shall pay closing costs for each unit, not to exceed six
thousand dollars ($6,000.00). Beginning March 1, 2007, and on March
1st for each of fifteen subsequent years, the maximum six thousand
dollars ($6,000.004000--to be paid for closing costs shall be
increased annually by any percentage increase in the Consumer Price
Index ' (CPI) for All Urban Consumers for Los
Angeles/Orange/Riverside metropolitan area during the prior year.
The calculation shall be made using the month of December over the
prior month of December. In the event there is a decrease in the CPI
for any annual indexing, the amount due shall remain at its then
current amount until such time as the next subsequent annual indexing
which results in an increase. The referenced Developer funded closing
costs shall be for the benefit of qualified buyers (or City in lieu of
qualified buyers as determined by City at its sole discretion for one or
more of the required units) in their acquisition of a unit from Developer
not Developer's acquisition of a unit from one or more third parties.
The Developer's escrow cost shall not exceed the then applicable
maximum amount per unit regardless of the number of escrows that
13
Resolution No. PC-2013-
Page 9
may be opened on a specific unit prior to the closing of the initial sale
to a qualified buyer or City in lieu of a qualified buyer. As of March 1,
2013, the Developer not to exceed paid closing cost for each unit has
indexed to six thousand seven hundred and twenty-four dollars and
eighty-five cents ($6,724.85).
No less than thirty (30) days prior to the offering for sale to the general
public of units 33 and 80 as approved by RPD 2003-02, with
approximately 1600 square feet (units), Developer shall provide City
with notice of said intended sale. Said notice shall include the
proposed sale price. Within thirty (30) days of receiving said notice,
City may purchase one or both of the above-referenced units and enter
into escrow at the stated price or such other price as may be
negotiated by the parties. Developer warrants that said price shall be
no higher than what would be offered to a bona fide qualified
purchaser from the general public. City warrants that if it exercises its
right to purchase, it will purchase said units for the purpose of reselling
it to a qualified first time home buyer with income not exceeding
moderate income. Upon mutual agreement of the parties, said first
time home buyer may be substituted for City with the requirement that
the City will work with buyer to finance the purchase of the unit. Buyer
gets all the same new home warranties as the purchase of any market
rate unit in the Project. The Developer with the written approval of the
City Manager or designee may substitute a different unit location within
the Project for either unit 33 or 80 so long as the unit contains no less
than 1,600 square feet.
The location of the twenty-(204-affordable units within the Project and
the schedule for providing the affordable units by the Developer to
qualified buyers or City in lieu of said buyers shall be included in the
Purchase and Sale Agreement.
14
MOORPARK,CALIFORNIA
Planning Commission
of a.244. 2013 ITEM: 8.B.
ACTION:APPRovEO 6 o ME ?►off•
ACorfOC RE S.wo. -2013 -540.
BY: T OEKiL02--
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: David A. Bobardt, Community Development Di ' ctor
Prepared by Joseph Fiss, Principal Planner
DATE: September 17, 2013 (PC Meeting of 9/24/201
SUBJECT: Consider Resolution Recommending to the City Council Approval of
Zoning Ordinance Amendment No. 2013-05, to Amend Section E
(Public and Semi-Public Uses) of Table 17.20.060 of Section
17.20.060 (Permitted Uses in Commercial and Industrial Zones), of
Chapter 17.20 (Uses by Zone), of Title 17 (Zoning), of the Moorpark
Municipal Code Related to Health Clubs, Gymnasiums, Fitness
Centers, and Fitness Studios, and Recommending that the City
Council Make a Determination of Exemption under CEQA in
Connection Therewith
BACKGROUND
On September 4, 2013, the City Council directed the Planning Commission to study,
hold a public hearing, and provide a recommendation to the City Council on a Zoning
Ordinance Amendment, to Amend Section E (Public and Semi-Public Uses) of Table
17.20.060 of Section 17.20.060 (Permitted Uses in Commercial and Industrial Zones),
of Chapter 17.20 (Uses by Zone), of Title 17 (Zoning), of the Moorpark Municipal Code
related to fitness type uses. The intent was to determine if a process less burdensome
on the applicant than a Conditional Use Permit could be used for small fitness uses
when they are within 100 feet of residential zones.
DISCUSSION
On September 15, 2004, the City Council adopted Ordinance 304, which was a
comprehensive amendment of Chapter 17.20 (Uses by Zone) of the Moorpark Municipal
Code. Table 17.20.060 describes the various land uses and entitlements required for
those land uses.
Health clubs, gymnasiums, fitness centers, spas, martial arts studios, yoga and Pilates
studios, and dance studios are currently permitted in the C-1, C-2, CPD, C-OT, and M-1
zones, subject to an Administrative Permit, except when within 100 feet of a
residentially zoned property, when a Conditional Use Permit (CUP) is required. Under
the current regulations, smaller fitness facilities (less than 3,000 square feet) have been
required to go through the same CUP process as larger facilities when near residential
15
Honorable Planning Commission
September 24, 2013
Page 2
areas, even though they do not pose the same potential neighborhood impact. Staff
has not seen impacts from the smaller uses that would warrant a CUP review process,
which requires a public hearing before the Planning Commission and a $5,000 deposit
to cover costs of this process.
Staff recommends an amendment to the list of permitted uses in Table 17.20.060 to
allow for a tiered entitlement process, based on square footage of the fitness use. At
this time, staff believes that applications for fitness uses up to 3,000 square feet should
be allowed subject to an Administrative Permit (staff level) review process regardless of
the proximity to residential zones, and that fitness uses over 3,000 square feet should
follow the current review process.
Amendments to the permit requirements for places of religious assembly are also
proposed with a similar 3,000 square-foot threshold as fitness uses to ensure
compliance with the Religious Land Use and Institutionalized Persons Act (RLUIPA), so
that religious assembly uses are not treated less favorably. The proposed ordinance
also includes other minor clean-up amendments to this section of the use matrix as
shown in Attachment 1.
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.
The Director has reviewed this project and determined that proposed Zoning Ordinance
Amendment No. 2013-05 is exempt from the provisions of the California Environmental
Quality Act pursuant to Section 15061(b)(3) of the California Code of Regulations
(CEQA Guidelines) by the general rule that CEQA only applies to "projects" that may
have a significant effect on the environment. The proposed ordinance would amend the
Municipal Code provisions related to the permit review process for health clubs,
gymnasiums, fitness centers and fitness studios, would add specificity examples of uses
under the category of fitness studios to improve clarity, such as martial arts, yoga,
dance, and other similar uses, and would amend the permit process for places of
religious assembly to be similar to fitness uses in zones where fitness uses are allowed.
It does not change the zones in which these uses are permitted, the development
standards for these uses, or the permit review process for new construction involving
these uses. In this case, it can be seen with certainty that there is no possibility that the
proposed Ordinance may have a significant impact on the environment.
\\DC1\Department Share\Community Development\DEV PMTS\Z 0 A\2013\2013-05 Fitness Centers\20130924 PC Report.docx
16
Honorable Planning Commission
September 24, 2013
Page 3
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony, and close the public hearing.
2. Adopt Resolution No. PC-2013- recommending to the City Council approval
of Zoning Ordinance Amendment No. 2013-05.
ATTACHMENT:
1. Draft Resolution
\\DC1\Department Share\Community Development\DEV PMTS\Z 0 A12013\2013-05 Fitness Centers\20130924 PC Report.docx
17
RESOLUTION NO. PC-2013-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY
COUNCIL APPROVAL OF ZONING ORDINANCE AMENDMENT
NO. 2013-05; TO AMEND SECTION E (PUBLIC AND SEMI-
PUBLIC USES) OF TABLE 17.20.060 OF SECTION 17.20.060
(PERMITTED USES IN COMMERCIAL AND INDUSTRIAL
ZONES), OF CHAPTER 17.20 (USES BY ZONE), OF TITLE 17
(ZONING), OF THE MOORPARK MUNICIPAL CODE RELATED TO
HEALTH CLUBS, GYMNASIUMS, FITNESS CENTERS, AND
FITNESS STUDIOS, AND RECOMMENDING THAT THE CITY
COUNCIL MAKE A DETERMINATION OF EXEMPTION UNDER
CEQA IN CONNECTION THEREWITH
WHEREAS, at its meeting of September 24, 2013, the Planning
Commission conducted a duly-noticed public hearing on Zoning Ordinance
Amendment No. 2013-05; to amend Section E (Public and Semi-Public Uses) of
Table 17.20.060 of Section 17.20.060 (Permitted Uses in Commercial And
Industrial Zones), of Chapter 17.20 (Uses by Zone), of Title 17 (Zoning), of the
Moorpark Municipal Code related to Health Clubs, Gymnasiums, Fitness
Centers, Spas, and Other Similar Uses, and recommending that the City Council
make a determination of exemption under CEQA in connection therewith,
received public testimony on the proposed amendment, and after receiving oral
and written public testimony, closed the public hearing and reached a decision;
and
WHEREAS, at its meeting of September 24, 2013, 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; closed the public hearing; and
reached a decision on this matter.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DOCUMENTION: The Planning
Commission, by its independent judgment and analysis, concurs with the
determination of the Community Development Director that proposed Zoning
Ordinance Amendment No. 2013-05 is exempt from the provisions of the
California Environmental Quality Act pursuant to Section 15061(b)(3) of the
California Code of Regulations (CEQA Guidelines) by the general rule that CEQA
only applies to "projects" that may have a significant effect on the environment.
The proposed ordinance would amend the Municipal Code provisions related to
the permit review process for health clubs, gymnasiums, fitness centers and
fitness studios, would add specificity examples of uses under the category of
fitness studios to improve clarity, such as martial arts, yoga, dance, and other
PC ATTACHMENT 1 18
Resolution No. PC-2013-
Page 2
similar uses, and would amend the permit process for places of religious
assembly to be similar to fitness uses in zones where fitness uses are allowed. It
does not change the zones in which these uses are permitted, the development
standards for these uses, or the permit review process for new construction
involving these uses. In this case, it can be seen with certainty that there is no
possibility that the proposed Ordinance may have a significant impact on the
environment..
SECTION 2. GENERAL PLAN AND SPECIFIC PLAN CONSISTENCY:
The Planning Commission finds Zoning Ordinance Amendment No. 2013-05 to
be consistent with the City of Moorpark General Plan and all adopted Specific
Plans.
SECTION 3. PLANNING COMMISSION RECOMMENDATION: The
Planning Commission recommends to the City Council the approval of Zoning
Ordinance Amendment No. 2013-05 as shown as Exhibit A attached.
SECTION 4. FILING OF RESOLUTION: The Community Development
Director shall 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 24th day of September, 2013.
Diana S. Gould, Chair
David A. Bobardt, Community Development Director
Exhibit A: Draft Amendment to Table 17.20.060(E) of the Moorpark Municipal Code
19
Resolution No. PC-2013-
Page 3
EXHIBIT A
ZONING ORDINANCE AMENDMENT NO. 2013-05
Amendment to Section E (Public and Semi-Public Uses) in Table 17.20.060
(Permitted Uses in Commercial and Industrial Zones) of Chapter 17.20
(Uses by Zone) of the Zoning Ordinance
Table 17.20.060
PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES
[Blank]=Not permitted
AP=Administrative Permit
CUP=Conditional Use Permit
NZC=No Zoning Clearance required
TUP=Temporary Use Permit
ZC=Permitted by Zoning Clearance
Zones C-O C-1 CPD C-
M-1 M-2 I
C-2 OT
E. Public and Semi-Public Uses
1. Amusement and recreational
facilities as defined in Chapter
17.08
a. Arcades(video and computer) CUP CUP CUP
and cyber cafés
b. Health clubs AP* A AP* AP*
asiums,fitness
centers, and fitness studios for uses
such as martial arts,yoga, dance,
and other similar uses or
combination of uses.
i. up to 3,000 square feet AP AP AP AP
ii. over 3,000 square feet AP* AP* AP* AP*
(*if within one hundred [100] feet
of a residentially zoned property a
conditional use permit is required)
c. Auditoriums, community centers, CUP CUP CUP CUP CUP
dancehalls, and indoor motion
picture theaters
d. Billiard and pool establishments, CUP CUP
and bowling alleys,with or without
alcohol
- - _ ., _ _ • • = CUP VrP
20
Resolution No. PC-2013-
Page 4
CPD C-
Zones C-O C-1 M-1 M-2 I
C-2 OT
greens and miniature golf,parks and
playgrounds
2. Care facilities, including adult CUP CUP CUP
day care facilities,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, and therapeutic day
services facilities
3. Emergency shelters in ZC*
compliance with the requirements
of Chapter 17.28 (*allowed in C-2
zone only, not permitted in CPD
zone; emergency shelters are also
allowed in conjunction with
permitted places of religious
assembly)
4. Single room occupancy unit ZC*
development in compliance with the
requirements of Chapter 17.28
(*allowed in C-2 zone only,not
permitted in CPD zone)
5. Clubhouses, social clubs, service CUP CUP
clubs with or without alcohol
6. Energy production from CUP CUP
renewable resources
7. Governmental uses including, but CUP CUP CUP CUP CUP CUP CUP
not limited to, city offices,
community rooms, fire stations,
human service centers, libraries,
police stations,public utility
facilities
21
Resolution No. PC-2013-
Page 5
Zones C-O C-1 CPD C-
M-1 M-2 I
C-2 OT
8. Hospitals including urgent care CUP AP* AP* AP*
(*if within one hundred [100] feet
of a residentially zoned property a
conditional use permit is required)
9. Places of religious assembly, CUP AP* AP* APA AP-t GUP CUP
with or without schools and/or
social services, including
emergency shelters
i. up to 3,000 square feet CUP AP AP AP AP CUP CUP
ii. over 3,000 square feet CUP AP* AP* AP* AP* CUP CUP
(*if within one hundred [100] feet
of a residentially zoned property a
conditional use permit is required)
10. Private education facilities CUP
including, but not limited to,
colleges and universities,
elementary,middle and high
schools
11. Private training facilities CUP CUP AP* AP* AP*
including, but not limited to,
professional and vocational schools,
art and craft schools,music schools
not part of a music store, and driver
training schools (*if within one
hundred [100] feet of a residentially
zoned property a conditional use
permit is required)
12. Recreational facilities(private) Alit AP* AP* AP* CUP
indoor or outdoor,with or without food
services, including,but not limited to,
batting cages,bicycle and skate-parks
facilities,golf courses(including
miniature golf and driving ranges),
22
MOORPARK,CALIFORNIA
Planning Commission
of °I.24. 2.013
ITEM: 8.C.
ACTION:gr'PttovEa MA{ Vi=CDMmaApQmpt.)
Acs 'tE1 RES. too. K.- 2013 •541
BY: T of t-tt...r=re-
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: David A. Bobardt, Community Development Directo
Prepared by Joseph R. Vacca, Principal Planne ��
DATE: September 10, 2013 (Meeting of 09124/13)
SUBJECT: Consider Resolution Recommending to the City Council Approval of
Zoning Ordinance Amendment No.2013-06 to Amend Part C of Section
17.32.050 (Parking Space Standards and Striping), of Chapter 17.32
(Off Street Parking Requirements),of Title 17(Zoning),of the Moorpark
Municipal Code,related to Tandem Parking,and recommending that the
City Council Make a Determination of Exemption under CEQA
Therewith on the Application of City Ventures, LLC
BACKGROUND
On September 9, 2013, Bill McReynolds of City Ventures, LLC, applied for a Zoning
Ordinance Amendment to allow the required third parking space in single household
homes over 2,800 square feet to be provided as a tandem space. The current parking
regulations in the Zoning Ordinance do not allow tandem spaces for required parking.
DISCUSSION
On August 1, 2007, the City Council adopted Ordinance 353, which amended Chapter
17.32 Parking. At that time the parking ordinance was reorganized to have a more logical
flow, utilizing a matrix format for the required parking. Main substantive changes included
a requirement for a 3-car garage in homes greater than 2,800 square feet, and increasing
the parking requirement for shopping centers over 25,000 square feet to 1 space for every
250 square feet of gross floor area. These changes were intended to allow homes 2,800
square feet or smaller with a 3-car garage an opportunity to convert one garage space to a
habitable room, and shopping centers to have greater flexibility for tenants. Other changes
included the establishment of required parking for motorcycles and bicycles, the updating
of standards for angled parking and aisle width,the setting of standards for sight clearance
at intersections, a requirement for the issuance of a Zoning Clearance for parking lot
restriping, the establishment of specific standards for gates across private residential
streets and gates in non-residential areas,the establishment of standards for drive-through
restaurant queues, and the establishment of stricter standards for recreational vehicle
parking and storage in residential zones. The parking ordinance contained a prohibition of
use of tandem spaces to meet required parking for single family homes, though tandem
spaces are allowed for parking in excess of required parking.
23
Honorable Planning Commission
September 24, 2013
Page 2
ANALYSIS
The proposed zoning ordinance amendment intends to update the parking ordinance to
allow use of tandem parking spaces, to meet parking requirements for the third parking
space for single family residential developments.
For single family dwellings, the current parking ordinance requires the following:
Dwellings, single-family 2 spaces in a garage for dwellings<2,800 sq. ft.
3 spaces in a garage for dwellings>2,800 sq. ft.
Therefore, a minimum of three (3) parking spaces are currently required in a garage for
single family houses that are greater than, 2,800 square feet in size, (habitable floor area,
not including garage square footage). Currently, Section 17.32.050.0 states that tandem
spaces may be provided in garages for residential uses only in excess of the required
parking, provided that they meet the same minimum width and depth requirements, do
not exceed a two (2)vehicle depth and are dedicated for use by the same dwelling unit.
The applicant is requesting that tandem parking spaces be allowed to satisfy parking
requirements for a third parking space in a garage when required for singe family
dwellings. When the proposed square footage exceeds 2,800 square feet, then the
minimum of three (3) parking spaces are required in a garage. The minimum required
width and depth for garage spaces are ten (10) feet wide by twenty(20)feet deep and
must be free and clear of obstructions, including but not limited to water heaters and
other mechanical equipment. Since the minimum required width of a garage parking
space is ten (10)feet, then garages for larger homes need to be at least thirty (30) feet
wide to meet standard requirements. This creates a challenge to make the home
design attractive, as three car garages can dominate front elevations and result in
streetscapes that consist primarily of garage facades, as opposed to viewing single
family residential features such as front doors and window elements, front porches,
entry ways and courtyards. Use of tandem parking for a required third space that
meets all other parking ordinance requirements, can allow more architectural variations
and detailing on front elevations of larger homes. The facade will only include and
demonstrate a two car garage door within the context of the chosen architectural style.
The existing zoning ordinance definition of Tandem Parking is: "Tandem parking" means
the placement of parking spaces one behind the other, so that the space nearest the
driveway or street access serves as the only means of access to the other space. This
definition does not need to be updated. Section 17.32.050 Parking space standards and
striping, is provided below; and the proposed changes are shown under subsection"C" in
legislative format, as follows:
17.32.050 Parking space standards and striping.
A. Parking Space Size. All measurements are the minimum requirements.
S:1Community DeeelopmentlDEV MATS\Z 0 A\20130013-06 Tandem Parking1Agenda RepodslPC Agenda Report 130924.doc 24
Honorable Planning Commission
September 24, 2013
Page 3
Compact parking spaces are not allowed.
Stall Width Stall Depth in
Type in feet feet Comments
1. Single Family Residential 10 20 Spaces shall be in a
garage and free and
clear of obstructions
2. Multiple Family Residential
a. Garage 10 20 Spaces shall be free and
clear of obstructions
b. Carport or Open 9 20
3. Commercial and Industrial 9 20
4. Motorcycle 5 10
5. Parallel 10 24
B. Parking lots must be designed so that no vehicle has to back out into a
street in order to leave the lot or to maneuver out of a parking space. Circulation of
vehicles among parking spaces must be accomplished entirely within the parking lot.
Each parking space must be clearly marked with paint striping at least two (2) inches
wide.
C. Tandem spaces may be provided in garages for single family residences
over 2,800 square feet - - - - .- - - _ •• - -- - - - - - -' - _ - _ - e, for a
required third parking space, provided that they meet the same minimum width and
depth requirements, and do not exceed a two (2) vehicle depth
use by the same dwelling unit. Tandem spaces may also be provided in garages for
residential uses to provide parking in excess of required parking.
D. Carports,garages, parking areas and driveways must be paved with concrete
or other durable material approved by the community development director.Asphalt paving
for garages and driveways to single-family homes and duplex homes is not allowed.
PROCESSING TIME LIMITS
Since a Zoning Ordinance Amendment is a legislative action, the processing time limits
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) are not applicable.
S:\Community DevelopmentlDEV PMTS'Z 0 A00130013-06 Tandem Paddng'Agenda Repotta%PC Agenda Report 130924.doc 25
Honorable Planning Commission
September 24, 2013
Page 4
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.
The Director has reviewed this project and found it to qualify for a General Rule Exemption
in accordance with Section 15061(b)(3) of California Code of Regulations (CEQA
Guidelines). The proposed ordinance would amend the Municipal Code provisions related
to parking requirements. The change to the parking requirements allow tandem parking
spaces for residential development do not reduce or eliminate existing parking
requirements and should not have any effect on the physical environment. There is no
possibility that the changes may result in a significant environmental impact. Thus, it can
be seen with certainty that there is no possibility that the zone text amendment may have a
significant impact on the environment. No further environmental documentation is required.
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the public hearing.
2. Adopt Resolution No. PC-2013- recommending that the City Council approve
Zoning Ordinance Amendment 2013-06.
ATTACHMENTS
1. Draft PC Resolution which contains the following:
Exhibit A - 17.32.050(C)
S:1Community DewlopmentlDEV PMTS1Z 0 A1201312013-06 Tandem Paddng■igenda Reports PC Agenda Report_130924.doc - 26
RESOLUTION NO. PC-2013-
A RESOLUTION OF THE 'PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE
CITY COUNCIL APPROVAL OF ZONING ORDINANCE
AMENDMENT NO. 2013-06, TO AMEND PART C OF SECTION
17.32.050 (PARKING SPACE STANDARDS AND STRIPING), OF
CHAPTER 17.32 (OFF-STREET PARKING REQUIREMENTS), OF
TITLE 17 (ZONING), OF THE MOORPARK MUNICIPAL CODE,
RELATED TO TANDEM PARKING, AND RECOMMENDING THAT
THE CITY COUNCIL MAKE A DETERMINATION OF EXEMPTION
UNDER CEQA IN CONNECTION THEREWITH ON THE
APPLICATION OF CITY VENTURES, LLC
WHEREAS, at a duly noticed public hearing on September 24, 2013, the
Planning Commission considered Zoning Ordinance Amendment No. 2013-06, to
Amend Section 17.32.050(C) of the Moorpark Municipal Code related to tandem
parking; and
WHEREAS, at its meeting of September 24, 2013, 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 on September 24, 2013, reached a decision on this
matter; 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 CONSISTENTY: The
Planning Commission finds Zoning Ordinance Amendment No. 2013-06 to amend
Section 17.32.050(C) of the Moorpark Municipal Code to be consistent with the City of
Moorpark General Plan and all adopted Specific Plans.
SECTION 2. PLANNING COMMISSION RECOMMENDATION: The
Planning Commission recommends to the City Council the adoption of Zoning
Ordinance Amendment No. 2013-06 to Amend Section 17.32.050(C) of the Moorpark
Municipal Code as shown in Exhibit A attached.
SECTION 3. FILING OF RESOLUTION: The Community Development
Director shall cause a certified resolution to be filed in the book of original resolutions.
PC ATTACHMENT 1
27
Resolution No. PC-2013-
Page 2
The action of the foregoing direction was approved by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
PASSED, AND ADOPTED this 24th day of September, 2013.
Diana S. Gould, Chair
David A. Bobardt, Community Development Director
Exhibit A: Draft Amendment to Section 17.32.050(C) of the Moorpark Municipal
Code
28
Resolution No. PC-2013-
Page 3
EXHIBIT A
DRAFT AMENDMENT TO PART C OF SECTION 17.32.050 (PARKING SPACE
STANDARDS AND STRIPING), OF CHAPTER 17.32 (OFF-STREET PARKING
REQUIREMENTS), OF TITLE 17 (ZONING), OF THE MOORPARK MUNICIPAL
CODE
C. Tandem spaces may be provided in garages for single family
residences over 2,800 square feet - - . e - e e
parking, for a required third parking space, provided that they meet the same
minimum width and depth requirements, and do not exceed a two (2) vehicle depth
- _ e - *- e -• . Tandem spaces may also be
provided in garages for residential uses to provide parking in excess of required
parking.
29
MOORPARK,CALIFORNIA
Planning Commission ITEM: 10.A.
Df cl.24. 2.0 i 3
ACTION: APP2o b -
MINUTES OF THE PLANNING COMMISSION
r oe0 .02_
BY: Moorpark C:alifnrnia August 27, 2013
A Regular Meeting of the Planning Commission of the City of Moorpark was held on
August 27, 2013, in the Council Chambers of said City located at 799 Moorpark
Avenue, Moorpark, California.
1. CALL TO ORDER:
Chair Gould called the meeting to order at 7:02 p.m.
2. PLEDGE OF ALLEGIANCE:
David Bobardt, Community Development Director, led the Pledge of Allegiance.
3. ROLL CALL:
Present: Commissioners Di Cecco, Hamous, Landis, Vice Chair Groff,
and Chair Gould.
Staff Present: David Bobardt, Community Development Director; Joseph
Fiss, Principal Planner; Joseph Vacca, Principal Planner;
and Tracy Oehler, Administrative Specialist.
4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS:
None.
5. PUBLIC COMMENT:
None.
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
None.
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON
MEETINGS/CONFERENCES ATTENDED BY THE COMMISSION:
(Future agenda items are tentative and are subject to rescheduling.)
A. Future Agenda Items
i. CUP 2003-05 National Ready Mixed (Continued from August 26,
2009 to a date uncertain.)
ii. ZOA Sign Ordinance Revision
30
Minutes of the Planning Commission
Moorpark, California Page 2 August 27, 2013
iii. Rescinding Toll Mazur DA, GPA, ZC
None.
8. PUBLIC HEARINGS: (next Resolution No. PC-2011-585)
A. Consider a Resolution Recommending Approval of 1) Zoning Ordinance
Amendment No. 2013-04: an Amendment to Section 17.20.060 (Permitted
Uses in Commercial and Industrial Zones) of Title 17 (Zoning) of the
Moorpark Municipal Code to Allow Retail Uses in the M-1 Zone with a
Conditional Use Permit when Immediately Adjacent to a Freeway
Interchange; and 2) Conditional Use Permit No. 2013-02: a 71,840
Square-Foot Retail Use in the M-1 Zone at 14501 Princeton Avenue on
the Application of Manny Asadurian Jr. Staff Recommendation: 1) Open
the public hearing, accept public testimony and close the public hearing;
2) Adopt Resolution No. PC-2013-585 recommending to the City Council
approval of Zoning Ordinance Amendment 2013-04 and conditional
approval of Conditional Use Permit No. 2013-02. (Staff: Joseph Fiss)
Mr. Fiss gave the staff report.
A discussion among the Commissioners and staff focused on:
1) If the amendment would apply to other buildings in the M-1 Zone;
2) Determining the business classification;
3) Impact to the surrounding businesses regarding the parking arrangements;
and
4) Responsibility designation of the restriction of certain items for sale.
Chair Gould opened the Public Hearing.
John Newton, Newton and Associates, Applicant Representative, discussed the
project and stated how the project will benefit the City financially and will be
submitting the required parking plan.
A discussion among the Commissioners and Applicant Representative focused
on:
1) How the applicant will market the project including the illuminated signage
proposal;
2) Presence of on-site security;
3) Other examples of this type of business; and
4) Financial break-even point.
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Minutes of the Planning Commission
Moorpark, California Page 3 August 27,_ 2013
Mickey Reiser, Moorpark Community Marketplace, applicant, discussed the
project and why this project will benefit small businesses and the City.
In response to Chair Gould, Mr. Bobardt stated there were no additional speaker
cards or written cards for this item.
Chair Gould closed the Public Hearing.
A discussion followed among the Commissioners regarding the project and
agreed this project would be beneficial to the City.
MOTION: Commissioner Landis moved and Vice Chair Groff seconded a motion to
approve staff recommendation, including adoption of Resolution No. PC-2013-585
recommending to the City Council approval of Zoning Ordinance Amendment 2013-04
and conditional approval of Conditional Use Permit No. 2013-02. The motion carried by
unanimous voice vote.
The City Council has final approval authority for this project.
B. Consider Recommending to the City Council the Approval of General Plan
Amendment No. 2013-01; Amendment No. 2 to Specific Plan No. 1995-01
(Downtown Specific Plan); Zone Change No. 2013-01: and Zoning
Ordinance Amendment No. 2013-03, consisting of a Zone Change of a
23.44 Acre Site, Located Within the Southeastern Portion of Specific Plan
1, Hitch Ranch Specific Plan; a General Plan Amendment and
Amendment No. 2 to Specific Plan 1995-01; and a Zone Change on a
1.36 Acre Site, Located at the Southeast Corner of Moorpark Avenue and
Everett Street; and a Zone Change of a 1.34 Acre Site, Located at the
Southeastern End of Maiestic Court. The Project Includes a Zoning
Ordinance Amendment to Add Chapter 17.76 to the City's Zoning
Ordinance to Create the Residential Planned Development 20 Units to the
Acre, (RPD20U-N-D) Zone to Allow for Development of Multi-Family
Housing as a Permitted Use in accordance with Objective Development
Standards and Not Subiect to Discretionary Review, to Ensure
Compliance with the Adopted Housing Element, and Consistency with
Federal and State Law; and Consider Recommending the Adoption of a
Negative Declaration. Staff Recommendation: 1) Open the public hearing,
accept public testimony and close the public hearing; 2) Adopt Resolution
No. PC-2013-586 recommending to the City Council adoption of the
Negative Declaration; and approval of General Plan Amendment No.
2013-01, Amendment No. 2 to Specific Plan No. 1995-01 and Zone
Change No. 2013-01; and 3) Adopt Resolution No. PC-2013-587
recommending to the City Council approval of Zoning Ordinance
Amendment 2013-03. (Staff: Joseph Vacca)
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Minutes of the Planning Commission
Moorpark, California Page 4 August 27, 2013
Mr. Vacca gave the staff report.
A discussion among the Commissioners and staff focused on:
1) The non-discretionary approval is a HCD requirement;
2) Zoning change needs to be effective as of October 15, 2013, so the City
Council needs to act on it by mid-September;
3) Adoption of the Housing Element needs to be completed by February 2014;
4) State requirement regarding the minimum density per acre;
5) Building setbacks;
6) Maximum building height;
7) Incorporation of construction development standards included in the design
standards and how these requirements are going to be approved; and
8) Designation of the Planning Commission to be the final approval authority on
this type of project.
Chair Gould opened the Public Hearing.
Jessica Bagdanov, a Moorpark resident, expressed concerns regarding the
architectural and design standards for downtown Moorpark.
Commissioner Di Cecco responded there is a Downtown Specific Plan in place,
which contains specific design standards that supersedes this zoning
amendment.
Carlos Jerez, a Moorpark resident, expressed concerns with the developments
occurring on Casey Road and the impact of the possible increased traffic.
Chair Gould requested Mr. Bobardt to respond. Mr. Bobardt stated there will be
an EIR released for the Hitch Ranch Specific Plan project this fall in which Mr.
Jerez will be noticed.
Dennis Hardgrave, a private practice land planner representing the Hitch Ranch
property owners, discussed the item and stated they are agreeable with the staff
recommendation, and the only concern being with the front yard setback
standards.
Bernardo Perez, a Moorpark resident, member of the Moorpark House
Farmworkers' Group, and project manager for Cabrillo Economic Development
Corporation, discussed the item and supports the application as proposed.
In response to Chair Gould, Mr. Bobardt stated there were no additional speaker
cards or written cards for this item.
Chair Gould closed the Public Hearing.
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Minutes of the Planning Commission
Moorpark, California Page 5 August 27, 2013
A discussion among the Commissioners and staff focused on:
1) The standard conditions of approval and the impact of this on staff;
2) The need for affordable housing; and
3) Planning Commission's discretion of architectural styles.
MOTION: Commissioner Di Cecco moved and Commissioner Hamous seconded a
motion to approve staff recommendation to adopt Resolution No. PC-2013-586
recommending to the City Council adoption of the Negative Declaration; and approval of
General Plan Amendment No. 2013-01, Amendment No. 2 to Specific Plan No. 1995-01
and Zone Change No. 2013-01; and adopt Resolution No. PC-2013-587 recommending
to the City Council approval of Zoning Ordinance Amendment 2013-03. The motion
carried by unanimous voice vote.
The City Council has final approval authority for this project.
C. Consider Recommending to the City Council the Approval of Zoning
Ordinance Amendment No. 2012-02 to amend Chapters 17.08
(Definitions), 17.20 (Uses by Zone), and 17.32 (Off-Street Parking
Requirements), and to add Subdivision "I" (Farm Worker Dwellings) to
Section 17.28.020 (Standards relating to Dwellings) and Subdivision "G"
(Requests for Reasonable Accommodations) to Section 17.44.040
(Discretionary Permits and Exceptions) of the Moorpark Municipal Code to
address farm worker housing, residential parking requirements, and
reasonable accommodation procedures_ and recommending that the City
Council make a determination of exemption under CEQA. Staff
Recommendation: 1) Open the public hearing, accept public testimony
and close the public hearing; 2) Adopt Resolution No. PC-2013-588
recommending to the City Council approval of Zoning Ordinance
Amendment 2012-02. (Staff: Joseph Vacca)
Mr. Vacca gave the staff report.
A discussion followed among the Commissioners and staff regarding farmworker
occupancy.
Chair Gould opened the Public Hearing.
There were no speakers.
Chair Gould closed the Public Hearing.
A discussion followed among the Commissioners regarding farm worker housing
and reasonable accommodations procedures.
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Minutes of the Planning Commission
Moorpark, California Page 6 August 27, 2013
MOTION: Vice Chair Groff moved and Commissioner Hamous seconded a motion to
approve staff recommendation to adopt Resolution No. PC-2013-588 recommending to
the City Council approval of Zoning Ordinance.Amendment 2012-02. The motion carried
by unanimous voice vote.
The City Council has final approval authority for this project.
9. DISCUSSION ITEMS:
None.
10. CONSENT CALENDAR:
MOTION: Commissioner Landis moved and Commissioner Di Cecco seconded a
motion to approve the Consent Calendar. The motion carried by unanimous voice vote.
A. Consider Approval of the Joint Meeting Minutes of April 24, 2013. Staff
Recommendation: Approve the minutes.
B. Consider Approval of the Regular Meeting Minutes of February 26, 2013.
Staff Recommendation: Approve the minutes.
C. Consider Approval of the Special Meeting Minutes of June 4, 2013. Staff
Recommendation: Approve the minutes.
11. ADJOURNMENT:
MOTION: Commissioner Landis moved and Vice Chair Groff seconded a motion to
adjourn. The motion carried by unanimous voice vote. The time was 9:08 p.m. .
Diana S. Gould, Chair
David A. Bobardt, Community Development Director
35