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HomeMy WebLinkAboutAGENDA REPORT 2013 1218 CCSA REG ITEM 10E ITEM 10.E. / MOORPARK CITY COUNCIL AGENDA REPORT (h -TO: Honorable Honorable City Council FROM: David A. Bobardt, Community Development ■ ctor Prepared By: Joseph Fiss, Principal Planner •` DATE: December 4, 2013 (CC Meeting of 12/18/2013) SUBJECT: Consider a Request to Terminate all Further Proceedings on 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. BACKGROUND/DISCUSSION On July 22, 2013 an application was filed by Manny Asadurian, Jr. to amend Chapter 17.20.060 "Permitted uses in commercial and industrial zones" of the Moorpark Municipal Code to allow retail uses in the M-1 Zone, subject to a Conditional Use Permit, and to approve a Conditional Use Permit (CUP) for a multi-tenant indoor retail use in the M-1 Zone at 14501 Princeton Avenue. On August 27, 2013 the Planning Commission considered this Zoning Ordinance Amendment and CUP and recommended approval of both. After holding a public hearing on September 4, 2013, the City Council introduced Ordinance No. 419, which would amend the Zoning Ordinance to allow greater commercial use of properties in the M-1 zone when immediately adjacent to a freeway interchange. The meeting was adjourned to September 11, 2013, with second reading and adoption of this ordinance scheduled for consideration on this date. During "Public Comment" at the September 11, 2013 Council meeting, representatives from Kavlico, neighbors to one of the affected properties, expressed concern over the use of an 241 Honorable City Council December 18, 2013 Page 2 exemption from environmental review for this ordinance. The ordinance was not adopted and the matter was continued to October 2, 2013. On October 2, 2013, the City Council continued the matter to October 16, 2013 as staff needed more time to address the issue. At the October 16, 2013 meeting, the second reading and adoption of this ordinance was taken off calendar. On November 20, 2013, the applicant requested to withdraw the application for both the Zoning Ordinance Amendment and CUP. FISCAL IMPACT None. STAFF RECOMMENDATION Accept the withdrawal of the application, direct staff to terminate all further proceedings on the Ordinance and CUP, and confirm that Ordinance No. 419 is not adopted based on the withdrawal of the application by the applicant. 242