HomeMy WebLinkAboutAGENDA REPORT 1991 0109 CC REG ITEM 09BBERNARDO M.PEREZ
Mayor
SCOTT MONTGOMERY
Mayor Pro Tern
ELOISE BROWN
Councilmember
CLINT HARPER, Ph.D.
Councilmember
PAUL W. LAWRASON, Jr.
Councilmember
LILLIAN KELLERMAN
City Clerk
MOORPARK ITEm9. B.
Wi0,D, ^< ?AR' <, CALIFORNIA
City Co 1 --i1 MoottnB
of 199
ACTION:- L.�L/Ji %/� 4'
M E M O R A N D U M
STEVEN KUENY
City Manager
CHERYL J.KANE
City Attorney
PATRICK RICHARDS, A.I.C.P.
Director of
Community Development
R. DENNIS DELZEIT
City Engineer
JOHN V. GILLESPIE
Chief of Police
RICHARD T. HARE
City Treasurer
TO: The Honorable City Council
�Sr-
FROM: Patrick J. Richards, Director of Community Development
DATE: December 20, 1990 (CC Meeting of 1 -9 -90) R
SUBJECT: ZONING CODE AMENDMENT TO ALLOW DAY CARE FACILITIES AND
SCHOOLS IN INDUSTRIAL AND COMMERCIAL ZONES WITH APPROVAL
OF A PLANNED DEVELOPMENT PERMIT OR A MODIFICATION TO AN
EXISTING PLANNED DEVELOPMENT PERMIT
Background
On December 3, 1990, the Planning Commission adopted a resolution
recommending amendment of the Moorpark Zoning Code to allow the
operation of a child day care facility and /or school in industrial
and commercial zones subject to a Planned Development Permit or a
Minor Modification to an existing Planned Development Permit. That
resolution is attached. Prior staff reports to the Planning
Commission and City Council are also attached which describe the
background related to this proposal.
Discussion
Since the City is now in the process of adopting the County of
Ventura Zoning Code as an interim code, staff is proposing to
include revisions relating to operation of day care centers and
schools, which would then be adopted in conjunction with the City
Council's action to approve an ordinance adopting the County Zoning
Code. Adoption of the County Zoning Code is scheduled for a City
Council public hearing on January 23, 1991.
Since Ordinance No. 112 currently requires a conditional use permit
to allow child care facilities in industrial zones, the ordinance
adopting the new County Zoning Code would also need to rescind
Ordinance No. 112.
Staff suggests not specifying that a Minor Modification is required
to allow the day care or school use if there is an existing Planned
Development Permit. There may be a situation where a new building
or significant changes to an existing building or facility are
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
The Honorable City Council
December 20, 1990
Page 2
proposed which should actually require a Major Modification to an
existing Planned Development Permit to allow the public the
opportunity to comment on the proposed project at a public hearing.
Following is staff's suggested modification to the County Code:
Section 8105 -5 - PERMITTED USED IN COMMERCIAL AND
INDUSTRIAL ZONES
Revise "Day Care Facilities" to show as being permitted
in the C -0, C -1, C -2, CPD, M -1, and M -2 Zones, subject to
approval of a Planned Development Permit. A footnote
would need to be added to the matrix table to clarify
that if there is an existing Planned Development Permit
for the site, the child day care facility could be
permitted by Community Development Director approval of
a modification to the Planned Development Permit.
Another footnote would need to be added to clarify that
for M -1, M -2, and C -0 Zones, a child day care facility
would only be permitted where sponsored by or permitted
within an industrial or commercial use on the same site.
Revise "Education and Training, Schools: Elementary and
secondary (nonboarding only) " to show as being permitted
in the C -0, C -1, C -2, CPD, M -1, and M -2 Zones, subject to
approval of a Planned Development Permit. A footnote
would need to be added to the matrix table to clarify
that if there is an existing Planned Development Permit
for the site, the school facility could be permitted by
Community Development Director approval of a modification
to the Planned Development Permit. Another footnote
would need to be added to clarify that for M -1, M -2, and
C -0 Zones, a school facility would only be permitted
where sponsored by or permitted within an industrial or
commercial use on the same site.
If the Zoning Code is amended as proposed, it is staff's intention
to include as a condition of approval, for allowing a school or day
care facility in an industrial zone, a requirement that the
applicant would need to reapply annually for a permit extension.
By reviewing the use once a year, staff would have the opportunity
to review any changes in industrial tenants adjacent to the school
or day care use to ensure that children would not be exposed to a
hazardous materials incident, obnoxious odors, or excessive noise.
Recommended exterior and interior noise levels for schools (50 -55
decibels interior and 60 -65 decibels exterior, depending upon the
standard used) are substantially lower than recommended noise
levels in industrial zones (70 decibels exterior). Staff would
probably need to require a noise study prior to approving or
recommending approval of a day care facility or school in
industrial zones.
The Honorable City Council
December 20, 1990
Page 3
Recommendation
That the City Council direct staff to include the above listed
revisions in the City- modified County of Ventura Zoning Code, which
would then be adopted in conjunction with the City Council's action
to approve an ordinance adopting the modified County Zoning Code.
PJR /DST
Attachments:
Planning Commission Resolution No. PC -90 -227
Planning Commission Staff Report dated 11 -21 -90
City Council staff report dated'8 -10 -90
RESOLUTION NO. PC -90 -227
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, RECOMMENDING
AMENDMENT OF THE MOORPARK ZONING CODE TO ALLOW
THE OPERATION OF A CHILD DAY CARE FACILITY
.AND /OR SCHOOL IN INDUSTRIAL AND COMMERCIAL
ZONES SUBJECT TO A PLANNED DEVELOPMENT PERMIT
OR MINOR MODIFICATION TO A PLANNED DEVELOPMENT
PERMIT
WHEREAS, at a duly noticed public hearing on December 3, 1990,
the Moorpark Planning Commission considered a proposed amendment to
the Zoning Code to enable the Community Development Director to
approve a minor modification to an existing planned development
permit to allow the operation of a child day care facility,
elementary school, and /or secondary school in Industrial (M -1 and
M -2) and Commercial (C -1, C -2, CPD, and C -0) Zones; and
WHEREAS, the Planning Commission after review and
consideration of the information contained in the staff report
dated November 21, 1990, concurs that the proposed Zoning Code
amendment will not have a significant effect on the environment and
is exempt from CEQA; and
WHEREAS, at its meeting of December 3, 1990, the Planning
Commission considered said proposed Zoning Code amendment at a
public hearing and reached its decision;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to the provisions of the California
Environmental Quality Act (CEQA), the Planning Commission concurs
that the project is exempt based on Section 15061 of the State CEQA
Guidelines, and recommends that a Notice of Exemption be filed.
SECTION 2. The Planning Commission hereby finds that the
proposed Zoning Code amendment, as shown in Exhibit A to this
resolution, would increase the opportunity for affordable child day
care and school services in the City, thereby benefiting the City.
SECTION 3. The Planning Commission hereby finds that adoption
of the proposed Zoning Code amendment would not result in an
inconsistency with the City,s General Plan.
SECTION 4. The Planning Commission hereby recommends that the
City Council amend the Municipal Zoning Code, consistent with the
proposed revisions identified in Exhibit A; recommends that the
Council adopt these revisions in conjunction with City adoption of
the._new County Zoning Code; and recommends that Ordinance No. 112
be rescinded upon adoption of the subject code revisions.
The action with the foregoing direction was approved by the
following roll call vote:
AYES: Schmidt, Weston, Talley
NOES:
ABSENT:
PASSED, APPROVED AND ADOPTED THIS 3RD DAY OF DECEMBER, 1990.
Chairman
ATTEST:
Celia La Fleur
Secretary
Exhibit A: Zoning Code Amendment Language
EXHIBIT A
Revise Section 8105 -5 - PERMITTED USES IN COMMERCIAL AND INDUSTRIAL
ZONES - to be consistent with the following language:
Revise "Day Care Facilities" to show as being permitted
in the C -0, C -1, C -2, CPD, M -1 and M -2 Zones, subject to
approval of a planned development permit. A footnote
would need to be added to the matrix table to clarify
that if there is an existing planned development permit
for the site, the child day care facility could be
permitted by Community Development Director approval of
a minor modification to the planned development permit.
Another footnote would need to be added to clarify that
for M -1, M -2, and C -0 Zones, a child day care facility
would only be permitted where sponsored by or permitted
within an industrial or commercial use on the same site.
Revise "Education and Training, Schools: Elementary and
secondary (nonboarding only)" to show as being permitted
in the C -0, C -1, C -2, CPD, M -1 and M -2 Zones subject to
approval of a planned development permit. A footnote
would need to be added to the matrix table to clarify
that if there is an existing planned development permit
for the site, the school could be permitted by Community
Development Director approval of a minor modification to
the planned development permit. Another footnote would
need to be added to clarify that for M -1, M -2, and C -0
Zones, a school would only be permitted where sponsored
by or permitted within an industrial or commercial use on
the same site.
BERNARDO M.PEREZ
Mayor
SCOTT MONTGOMERY
Mayor Pro Tern
ELOISE BROWN
Councilmember
CLINT HARPER, Ph.D.
Councilmember
PAUL W. LAWRASON, Jr.
Councilmember
LILLIAN KELLERMAN
City Clerk
MOORPARK ITEM
M E M O R A N D U M
STEVEN KUE1' 1Y
City Manager
CHERYL J.KAYE
City Attorney
PATRICX RiCHARCS, ..!.�.
Director of
Community Cevelopment
R. DENNIS DELZEIT
City Engineer
JOHN V. GILLESPIE
Chief of Police
RICHARD T. HARE
City Treasurer
TO: The Planning Commission
FROM: Patrick J. Richards, Director of Community Development
DATE: November 21, 1990 (PC Meeting of 12 -3 -90)
SUBJECT: ZONING CODE AMENDMENT TO ALLOW PLANNING DIRECTOR APPROVAL
OF DAY CARE FACILITIES AND SCHOOLS IN INDUSTRIAL AND
COMMERCIAL ZONES
Background
On September 5, 1990, the City Council initiated an amendment to
the Zoning Code to allow the operation of a child day care facility
or school in Industrial (M -1 and M -2) and Commercial (C -1, C -2,
CPD, and C -O) Zones subject to Community Development Director
approval of a Minor Modification to a Planned Development Permit.
There are two primary reasons why the Council initiated this zoning
code amendment. The first reason is that the existing zoning code
does not allow for the operation of schools in industrial zones,
and there is an existing industrial business in town which funds a
school on -site for employee's children. The second reason is that
the Council did not want businesses discouraged from providing
either child day care or school facilities for their employees due
to a lengthy and costly permit process.
Ordinance No. 112 was adopted in 1989 and permits child day care
facilities in industrial (M -l. and M -2) and commercial (C -1, C -2,
CPD, and C -O) zones subject to approval of a conditional use
permit. Ordinance No. 112 does not address the operation of
schools. If the proposed zoning code amendment is approved, then
Ordinance No. 112 would need to be rescinded.
The Honorable City Council
November 21, 1990
Page 2
Discussion
The City is now in the process of adopting the new County Zoning
Code as an interim code. Staff is proposing to include revisions
relating to operation of day care centers and schools, which would
then be adopted in conjunction with the City Council's action to
adopt the new County Zoning Code.
The County Code currently permits day care facilities in C -1 and
CPD Zones, and elementary and secondary schools (non- boarding) are
permitted with a conditional use permit in the C- O.�one and with a
planned development permit in the CPD Zone. Neither day care
facilities nor elementary and secondary schools are permitted in
any industrial zone by the current County Code. (Refer to attached
County matrix table which shows permitted uses in commercial and
industrial zones.)
As stated previously, the City Code currently permits day care
facilities in industrial and commercial zones with a conditional
use permit. The City Code does not currently permit the operation
of elementary and secondary schools in any industrial zone, and the
only commercial zone where they are permitted is the C -O Zone.
Pursuant to Council direction, staff is proposing that the
following code amendments be implemented in conjunction with City
adoption of the County Zoning Code, and that Ordinance No. 112 be
rescinded at the time of adoption of the revised County Zoning
Code:
Section 8105 -5 - PERMITTED USES IN COMMERCIAL AND
INDUSTRIAL ZONES
Revise "Day Care Facilities" to show as being permitted
in the C -0, C -1, C -2, CPD, M -1 and M -2 Zones, subject to
approval of a planned development permit." A footnote
would need to be added to the matrix table to clarify
that if there is an existing planned development permit
for the site, the child day care facility could be
permitted by Community Development Director_ approval of
a minor modification to the planned development permit.
Another footnote would need to be added to clarify that
for M -1, M -2, and C -0 Zones, a child day care facility
would only be permitted where sponsored by or permitted
within an industrial or commercial use on the same site.
Revise "Education and Training, Schools: Elementary and
secondary (nonboarding only)" to show as being permitted
in the C -O, C -1, C -2, CPD, 14-1 and M -2 Zones subject to
approval of a planned development permit. A footnote
would need to be added to the matrix table to clarify
The Honorable City Council
November 21, 1990
Page 3
that if there is an existing planned development permit
for the site, the school could be permitted by Community
Development Director approval of a minor modification to
the planned development permit. Another footnote would
need to be added to clarify that for M -1, M -2, and C -O
Zones, a school would only be permitted where sponsored
by or permitted within an industrial or commercial use on
the same site.
Staff has determined that the proposed Zoning Code amendment would
be. exempt from the California Environmental Quality Act (CEQA)
based on Section 15061 which states:
..Where it can be seen with
certainty that there is no possibility that the activity in
question may have a significant effect on the environment, the
activity is not subject to CEQA.°
Recommendation
That the Planning Commission adopt the attached resolution,
recommending to the City Council that the Zoning Code be amended to
allow the Community Development Director to approve 'a minor
modification to an existing planned development permit to allow the
operation of a child day care facility, elementary school, and /or
secondary school in Industrial (M-land M -2) and Commercial (C -1,
C -2, CPD, and C -O) zones.
PJR /DST
Attachments:
Excerpts from Section 8105 -5 of County Zoning Code
Draft Planning Commission Resolution
r
AR "rICIE 5
USES BY ZONE
Sec. 8105 -0 - PURPOSE - Sections 8105 -4 and 8105 -5 '_is -- is matrix form the uses
that are allowed under this C:iapter.
Sec. 8105 -1 - USE OF MATRICES
Sec. 8105 -1.1 - The following symbols indicate the type of.permit required for,
uses allowed in each zone:
FNot permitted
aPermitted
® Planning Director- approved Planned Development Permit
Planning Commission- approved Planned Development Permit
Planning Director- approved Conditional Use Permit
FQ
Planning Commission- approved Conditional Use Permit
6 Board of Supervisors- approved Conditional Use Permit
LABoard of Supervisors- approved Planned Development Permit (ADD.ORD.3759-
1/14/86)
(ADD.ORD.3749- 10/29/85)
Sec. 8105 -1.2 - Uses shown in the matrix 'legend as "Permitted" require a
Zoning Clearance unless exempted under Sec. 8105 -3 below.
Sec. 8105 -1.3 - Each use is subject to all of the provisions of this Chapter.
Sec. 8105 -1.4 - For the purposes of this Article, any use listed in matrix
form which is indented shall be construed as a subheading of the heading under
which it is indented.
Sec. 8105 -1.5 - Any use requested as an accessory use which is listed in the
matrix at Sections 8105 -4 and 8105 -5 as a main use shall be processed in
accordance with the indicated requirements of the main use.
(AM.ORD. 3730 - 5/7/85; AM.ORD. 3749 - 10/29/85; AM.ORD.3810- 5/5/87)
Sec. 8105 -1.6 - The abbreviations used in Sections 8105 -4 and 8105 -5 are to be
interpreted as follows:
agric. - agriculture
GFA - gross floor area
1"S-C- - liealth and Safety Code
prelim. - preliminary
sq.ft. - square feet
W. &I•C- - Welfare and Institutions Code (ADD.ORD.3810- 5/5/87)
27
OC -5
Sec. 8105 -5 - PERMITTED USES Tti CO Y
MI INTERCTAL AND TNDIISTRLAL ZO "e'.
CO C1 CPD Ml
Airficlds and landinfi pads and strips. prhatc
Airports
I
i
Amusement and recreational facilities (see Dcflnitions)
Amusement parks and carntvals
Arcades
I
_
I
Batting cages and golf driving ranges, indoor (1)
Bicycle racing tracks, outdoor (1)
Gymnasiums (see Definitions) (1)
Motion picture theaters. outdoor (drive -ln)
Prohibited I J
Racetracks (for motorized vehicles). shooting ranges and stadiums
Art galleries, museums and botanical gardens
Automobile service stations
Banks and related financial offices and institutions
Bars, taverns and nightclubs `
Care facilities: For 7 or more persons - (see also H. & S. C. and W. & I. C.) (3)
Day (2)
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I Q
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n
(�
Intermediate and residential (3)
Car washes. self- service or automatic (2)
Cemeteries, columbarla and mausoleums
Crematories. accessory
Churches. synagogues and other buildings used for religious worship
Clubhouses (2)
With alcoholic beverages (1)
Club projects, temporary outdoor
Communications facilities
Radio and television broadcasting stations
Conference Center /Convention Center (S)
Contractors' service and storage yards and buildings
Crop production (4)
Firewood operations (1)
Uses and structures, accessory
Dwelling, farm woriser (maximum one per lot)
Fuel storage (4)
Omces
Packing, pTeliminary processing or storage of crops: Without structures (4)
Produce stands. retail
Dog and cat grooming
Drilling, temporary geologic (testing onJA,
'Mere arc specific regulaUons for this use: see Article 7-
(1) ADD. ORD. 3730 - 5/7/85
(2) '\,%1. ORD. 3730 - 5/7/35
(3) Ati1. ORD. 3810 - 5/5/87
(4) Scc also Scc- 8105 -3
(5) ADD. ORD. 3881- 12/20/88
CO C1 C'D Ml C2
Education and trsinia _.
- � - Co l lees -anA � _ i n
Schools: Elementary and secondary nonboardint only b I
I CD
I
Schools: Professional, vocational, art crsft and self- i^iorovement I e I a
(1)
1 m
I
Ener Production from renew ble sources (1)
Festivals and similar events tem orary outdoor (!)
e
Government buildings, excludia correctional institutions 2
Fire stations _ . _ _
(D
(D(
(D
Q
Q Q
Grading (1,3) _
oIo
Q
olo
Within an overlay zone
I See
Article
-g- -
Health services such as professional offices and out-patient, clinics --
1010
I
Ambulance services
Q
I
0
Hospitals -
I Q
Q
Pharma accessory retail for prescription haroaceuticals onlyI�
Hotela' motels and boardin houses
Kennels _ .. .. .
Laboratories: Research and scientific
Medical and dental
Libraries and informs tion centers
-
1 Q
(D
m I m I
��
Manufacturia industries _
==P,
Apparel and related products
Dressmakint and tailor sha s I
Cheaieala ases sad related products see Definitions excluding-nerve gas
Q
Drugs, pharmaceuticals perfumes, eosmetica and the like I
I
Soaps, detergents and cleaners
Electrical and electronic machlnem equipment sad supplies
•Batteries
�
Household a liances I
Q I(D
Q
Transmission and distribution ui meat and industrial aP aratus
Q Dl�I
Q 0101
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Im ml(Dl
C 1�1
I C
I Q
1 CT) 0 I
(DI Q I
I(DI m I(DI
I(MI(
II
I I Q
Food and related Products
Alcoholic bevers es
Bakery products -I
Heae seafood and oult acking plants I
Slauxhterin re finin and renderia of animal face and oils +
Su ar refinin I 1
Furniture and related fixtures
InstrumePts: MessurinS, analyzinr and eontrollin
Jewelry, silverware And-plated ware 1
Leacher and leacher products I
Tsomin3j curioX and finishing of bides and skinsI
Lumber and wood (
roducts and 2rocesle,
Cabinet work
Plywood particleboard and veneer aanufacture wood
preservtn
Saw ills and planlnt, mills
*There are specific regulations for this use; see Article 7.
(1) ADD.ORD.3730- 5/1/85
(2) A.M.ORD.3810- 5/5/87
(3) See also Sec. 8105 -3.
M.
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0 C
MOORPARK
BERNARDO M.PEREZ
Mayor
SCOTT MONTGOMERY
Mayor Pro Tem
ELOISE BROWN
Councilmember
.'pORPARK, CALIFORNW
CLINT HARPER, Ph.D. '
City C ndl Meeflng
Councilmember- ----
- -
is I99�
PAUL W. LAWRASON, Jr.
of
Councilmember__
ACTION
LILLIAN KELLERMAN
City Clerk
'101)
"E -N] 1
STEVEN KUENY
City Manager
CHERYL J.KAN-
-. City Attorney.
Cf.liFOSil,lI TRICK RICHARDS, ,.I -r
- C_
Gt, ., x l N1,90 fnA Director of
�ommuniiy Deva'ocm <a;t
of X199 R. DENNIS DELZEiT
Cty_Engineer
ACTION: !' O N V. GILLESPIE
�7 # Chief of Poiice
67 y 2 CHARD T. HARE
City Treasurer
M E M O R A N D U M
TO: The Honorable City Council -
FROM: Patrick J. Richards, Director of Community Development_
DATE: August 10, 1990 (cc meeting 8/15/90) PTR
SUBJECT: Request For Day Care Facility In An industrial Area
Background
On July 25, 1990 information was given to the Code Enforcement
Officer regarding a possible school being operated at 5239
Commerce. The Code Officer conducted a field inspection on July
27, 1990 at 5239 Commerce which is in an M -2 Zone. The building
owners, George and Debra Tash were present. They are operating G.
T. Water Products and Marks Distributors Inc. At the time of his
inspection, the Code Enforcement Officer asked Mr. & Mrs. Tash if
they were operating a school. They stated that they were in the
process of operating a day care service for about ten (10) or
fifteen (15) employees, to be staffed by wives of employees at no
charge to the workers. They were also asked if they had obtained
the proper permits and zoning clearances, and if they had complied
with all state requirements. Mrs. Tash indicated that they had all
necessary approvals.
The Code Enforcement Officer reviewed the files at City Hall and
could not find any zoning clearance authorizing the operation of
their business and occupancy of the building, nor was there any
permit to allow operation of a day care service. The Code Officer
then made contact with Mrs. Tash regarding this matter and informed
her that she needed to apply for a zoning clearance and a
Conditional Use Permit, On or about August 2, 1990, Mrs. Tash came
into City Hall and spoke with staff. It was explained to her that
- -----:-------._ --
799 Moorpark Avenue
- Moorpark, California 93021 (805) 529-6864
The Honorable City Council
August 10, 1990
Page 2
there was an ordinance, Number 112, adcpt-ed on August 16, 1989 that
would allow child day care centers in an industrial zone; however,
she needed to first apply for a zoning clearance for their business
to authorize occupancy, and then apply for a Conditional Use
Permit. A zoning clearance form and an application form for a
Conditional Use Permit were provided to Mrs. Tash.
FMIOAUG9