HomeMy WebLinkAboutAGENDA REPORT 1995 0920 CC REG ITEM 09AITEM
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REPORT AGENDA
TO: The Honorable City Council
FROM: Jaime Aguilera, Director of Community Developme /
Prepared by Paul Porter, Senior Planner
DATE: August 28, 1995 (CC meeting of September 20, 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. BOURHARI AND
AUTHORIZE THE APPLICANT TO FILE A CONDITIONAL USE PERMIT
PENDING ADOPTION OF THE ZONING ORDINANCE AMENDMENT
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
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Commission concurrently with the applicant's request for the
Conditional Use Permit in order to streamline the process.
At the Planning Commission meeting of July 24, 1995, the Planning
Commission adopted the attached resolution 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.
On August 18, 1995, the applicant applied for Conditional Use
Permit No. 95 -2 for an automobile service station and convenience
store. After reviewing the matter, staff determined that it would
not be a good idea to allow the applicant to file the Conditional
Use Permit prior to the City Council taking action to approve the
Zoning Ordinance Amendment. Therefore, only if the City Council
takes positive action on the proposed Zoning Ordinance Amendment,
staff will staff resume the processing of the Conditional Use
Permit.
Discussion
Zoning Ordinance Provisions
The City's Zoning Ordinance currently does not permit an automobile
service station in either the M -1 or M -2 Zone, but permits them in
the C -1, C -2 and CPD zones with a Planning Commission approved
Commercial Planned Development. A minimart would be considered
retail sales and as such is addressed in Section 17.20.020 of the
Zoning Ordinance. Retail sales in Industrial Zones are allowed if
the areas used for retail sales do not exceed 20% of the cumulative
floor area.
Recruirements of Other Cities
Staff has contacted other cities within Ventura County for the
purpose of obtaining information as to whether they allow
automobile service stations in the industrial zones. The results
follow:
1. Camarillo - Automobile service stations are allowed in the
commercial and industrial zones with approval of a Conditional
Use Permit (CUP).
2. Fillmore - Currently automobile service stations are not
permitted in industrial zones. However, the City has not had
an application for a use in the industrial zone. According to
City staff, if an applicant requested such a use in an
industrial area, an ordinance amendment would be considered.
3. Ojai - The City allows automobile service stations as a
permitted use with a zoning clearance required.
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1000 a
4. Port Hueneme - Automobile service stations are not allowed in
the industrial zones, but are an allowed use in the commercial
zoned with approval of a CUP.
5. Santa Paula - The City has a general rule that automobile
service stations are a permitted use in the commercial zones.
Industrial zones are not addressed, but according to staff,
they most likely would be allowed in the industrial zones.
6. Simi Valley - The city allows automobile service stations in
all of the commercial zones with approval of a Special Use
Permit (SUP). The C/I (Commercial/ Industrial) Zone is the
only industrial zone which allows an automobile service
station with approval of a SUP.
7. Thousand Oaks - Automobile Service Stations are allowed in
both the commercial and the M -1 and M -2 zone with approval of
a SUP.
B. Ventura - Automobile service stations are an allowed use in
all commercial and industrial zones with approval of a CUP.
Location
Although the applicant is interested in a particular site (NE
corner of Los Angeles Avenue and Condor Drive), the fact that he
has applied for a Zoning Ordinance Amendment means that if
approved, gas stations would be allowed in all areas of the City
that are currently zoned M -1 or M -2.
Alternatives
An alternative which warrants discussion is that of amending the
zone for the property instead of amending the zoning regulations.
By amending the zoning designation of the property to C -2, the
applicant's proposal would still be viable, but the change would
only affect the property in question. Changing the zoning
designation would also require a General Plan Amendment, and there
may be an issue of "spot zoning ". At the Planning Commission
meeting of June 26, 1995, the Commission considered this
alternative, but chose to recommend the option of allowing
automobile service stations in the M -1 and M -2 zones with a
Planning Commission approved Conditional Use Permit.
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0000)b
A second alternative would to only allow automobile service
stations in the industrial zones throughout the City with a
Planning Commission approved Conditional Use Permit, if the subject
property has frontage on an arterial highway as shown on the
Circulation element of the General Plan. This alternative has
merit in that automobile service stations require a significant
amount of traffic in order to be economically feasible. The
Planning Commssion did not consider this alternative at their
meeting on June 26, 1995. If this alternative is selected, the
Council should consider returning this item to the Planning
Commission for further review.
Recommendations:
1. Open the public hearing, accept public testimony, and close
the public hearing.
2. Determine that the modifications to the City's Zoning
Ordinance are categorically exempt pursuant to State CEQA
Guidelines Section 15061 (b) (3).
3. Concur with the Planning Commission's recommendation to allow
automobile service stations in the M -1 and M -2 Industrial
zones with a Planning Commission approved Conditional Use
Permit.
3. Review the attached Draft Ordinance and introduce it for first
reading.
Attachments: 1. Planning Commission Resolution
2. Draft Ordinance
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RESOLUTION NO. PC -95 -307
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
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 to the City Council pertaining to Section 17.20.060
( Permitted uses in Commercial and Industrial Zones) of the Moorpark
Municipal Code.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK
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 as shown in Section 2.
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006Ul )
SECTION 2.
17.20.060 Permitted uses in commercial and
industrial zones.
Permitted uses in commercial and industrial zones are
set out in Table 17.20.060.
Note: All uses located in the M -1 and M -2 zones which
at the property line are adjacent to residentially zoned prop-
erty shall require a city council - approved conditional use
permit prior to occupancy of the building.
The key for Table 17.20.060 is as follows:
[Blank] Not permitted
e Permitted by zone clearance
® Planning commission- approved planned
development permit
® City council - approved planned development
permit
O Planning commission - approved conditional
use pernut
0 City council - approved conditional use permit
Table 17.20.060
PERIM=D USES IN COMMERCIAL AND INDUSTRIAL ZONES
C2
CO C1 CPD
Airfields and landing pads and strips, private
Airports
Amusement and recreational facilities (see definitions)
Amusement parks and carnivals
Arcades
Batting cages and golf driving ranges, indoor
Bicycle racing tracks, outdoor
Health club /gymnasium (see definitions)
Martial arts and dance studios
Motion picture theaters, outdoor (drive -in)
Racetracks (for motorized vehicles), shooting ranges and stadiums
Art galleries, museums and botanical gardens
Automobile service stations _ -0
•
O
O
•
•
O
M1 M2 I
O O O
O O
O
O
O
O O
O O
• O
® O
O
• O O
PASSED, APPROVED, AND ADOPTED THIS 28th DAY OF August 1995.
AYES:
NOES:
ATTEST:
Celia LaFleur, Secretary
ai an
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•
00001!K)
ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, AMENDING THE MOORPARK MUNICIPAL CODE SECTION
NO. 17.20.060 TO ALLOW AUTOMOBILE SERVICE STATIONS IN
INDUSTRIAL ZONES
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, and provide a recommendation to the City
Council; and
Whereas, 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 recommended the City Council make
the modifications described in Section 3 to the City's Zoning
Ordinance in order to allow automobile service stations in
industrial zones; and
Whereas, the City Council opened and closed the public
hearing on September 20, 1995; and
Whereas, the City Council determined that the
modifications to the City's Zoning Ordinance is categorically
exempt pursuant to State CEQA Guidelines Section 15061 (b) (3) in
that the proposed amendments to the Zoning Ordinance does not have
the potential for causing a significant effect on the environment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. That the modification to the City's Zoning Ordinance
is categorically exempt pursuant to State CEQA Guidelines Section
15061 (b) (3).
SECTION 2. That Section 17.20.060 of the Moorpark Municipal
Code to allow automobile service stations in industrial zones is
hereby amended as found in Section 3.
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ATTACHMENT 2 WA
SECTION 3.
17.20.060 Permitted uses in commercial and
industrial zones.
Permitted uses in commercial and industrial zones are
set out in Table 17.20.060.
Note: All uses located in the M -1 and M -2 zones which
at the property line are adjacent to residentially zoned prop-
erty shall require a city council - approved conditional use
permit prior to occupancy of the building.
The key for Table 17.20.060 is as follows:
[Blank] Not permitted
Permitted by zone clearance
A Planning commission - approved planned
development permit
® City council - approved planned development
permit
O Planning commission- approved conditional
use permit
City council - approved conditional use permit
Table 17.20.060
PERAM -rED USES IN COMMERCIAL AND INDUSTRIAL ZONES
C2
CO Cl CPD M1
Airfields and landing pads and strips, private 0
Airports —
Amusement and recreational facilities (see definitions) 0
Amusement parks and carnivals 0
Arcades 0
Batting cages and golf driving ranges, indoor
Bicycle racing tracks, outdoor
Health club/gymnasium (see definitions)
Martial arts and dance studios
Motion picture theaters, outdoor (drive -in)
Racetracks (for motorized vehicles), shooting ranges and stadiums
Art galleries, museums and botanical gardens
Automobile service stations
0
O
0 0
0
O
..• n:1r
M2 I
O O
O O
O
O
O
O
O
0
O
O
0 _ O
• O O
SECTION 4. That if any section, subsection, sentence, clause,
phrase, part or portion of this Ordinance is for any reason held to
be invalid or unconstitutional by any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council declares
that it would have adopted this Ordinance and each section,
subsection, sentence, clause, phrase, part or portion thereof,
irrespective of the fact that any one or more sections,
subsections, sentences, clauses, phrases, parts or portions be
declared invalid or unconstitutional.
SECTION 5. This Ordinance shall become effective thirty (30)
days after the passage and adoption.
SECTION 6. The City Clerk shall certify to the passage and
adoption of this Ordinance; shall enter the same in the book of
original ordinances of said city; shall make a minute of the
passage and adoption thereof in the records of the proceedings of
the City Council at which the same is passed and adopted; and
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000101
shall, within fifteen (15) days after the passage and adoption
thereof, cause the same to be published once in the Moorpark News,
a weekly newspaper of general circulation, as defined in Section
6008 of the Government Code, for the City of Moorpark, and which is
hereby designated for that purpose.
PASSED, APPROVED AND ADOPTED this day of , 1995.
Paul W. Lawrason, Jr.
Mayor
ATTEST:
Lillian E. Hare
City Clerk
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