HomeMy WebLinkAboutAGENDA REPORT 1999 0421 CC REG ITEM 10ITo:
From:
Date:
AGENDA REPORT
CITY OF MOORPARK
Honorable Mayor and City Council
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CITY OF MOORPARK, CALIFORNIA
City Connell Meeting
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Wayne Loftus, Acting Director of Community Developmente-4,�f
April 7, 1999 (CC meeting of 4/21/99)
Subject: CONSIDER REPORT FROM THE AFFORDABLE HOUSING /COMMUNITY
DEVELOPMENT COMMITTEE (MAYOR HUNTER /COUNCILMEMBER
EVANS) ON PROCESSING PROJECTS IN THE DOWNTOWN SPECIFIC
PLAN AREA
The City Council on a number of occasions has discussed alternatives
for processing of proposed land use changes requested to occur by
converting existing structures and site improvements for a new use.
On February 17, 1999, the City Council reviewed a report prepared by
the Director of Community Development, concerning the current
process that development projects including use conversions are
required to comply with under the provisions of the Zoning
Ordinance. After discussing the report, Council referred the item to
the Affordable Housing /Community Development Committee to address
conversion issues and report back to the Council.
DISCUSSION:
On March 24, 1999, the Affordable Housing /Community Development
Committee (Mayor Hunter /Councilmember Evans) received and discussed
the report on Permit Processing Policies Related to New Uses
Proposed in Existing Buildings (Attachment), that had been referred
from the City Council meeting of February 17, 1999. Although this
report did not propose specific alternatives to the current
processing requirements for new or existing developments to be
converted to other uses, it was a complete review of the current
procedure and observation of some alternatives that other
communities have implemented.
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Honorable Mayor and City Council
Downtown Specific Plan Area
April 7, 1999
Page 2
As noted by this report referred from City Council (Attachment "A ")
the Zoning Ordinance currently states the process required for new
development of various types and intensity and has been the
foundation to gain approval of the conversion of uses where the
required entitlement (i.e. Commercial Planned Development Permit) is
not in place. The time and cost involved in gaining entitlements for
conversion of existing buildings and uses, which are no longer
economically viable or desirable in a particular location may be an
impediment to such conversion. Therefore, many uses and structures
particularly in the Downtown Specific Plan Area along Moorpark
Avenue have been reluctant to pursue entitlement for office, or
commercial uses. This area is designated under the recently adopted
Downtown Specific Plan for office and commercial uses. As a result,
implementation of the Downtown Specific Plan may be less viable than
if there were an incentive to establish new uses, such as a
simplified process for review of use conversions.
In an effort to facilitate use changes, especially in the Downtown
Specific Plan Area, the Affordable Housing /Community Development
Committee recommends the following alternative that is suggested to
be applied on a "trial basis" for the conversion of existing
buildings to a commercial or office uses. The initial application of
this alternative process involves the conversion of an existing
single family residence at 116 Moorpark Avenue to a dentist office.
The process proposed by the Affordable Housing /Community Development
Committee for conversion of uses and structures in the Downtown
Specific Plan Area involves:
1. Process a Commercial Planned Development Permit consistent
with Code provisions.
2. City Council authorizes the Director of Community
Development to render a decision concerning the Commercial
Planned Development, which is currently decided by City
Council upon a recommendation by the Planning Commission.
3. The fee deposit for the entitlement shall be 50% of the
current established fee for a Commercial Planned Development
(Existing Building - $4,400 x 50% = $2,200) and shall be
capped at this amount or actual processing costs (hours of
staff time), whichever is less.
11MOR— PRI_ SERVIHOME _FOLDERS1CLafleufflADWN1WN D"twn SP Area - Uses.doc
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Honorable Mayor and City Council
Downtown Specific Plan Area
April 7, 1999
Page 3
4. An Office Hearing shall be held by the Community Development
Director, preferably near the end of the workday to accept
testimony from interested citizens and the applicant.
5. Notification of the date, time, location and subject matter
of the Office Hearing shall be given to owners of property
consistent with current requirements. Notification for this
process (Commercial Planned Development) requires:
• Newspaper legal and posting of the site; notification
to other agencies and U.S. mail notice to the owners
of all real property situated within a radius of 1000
feet.
6. This process shall apply only to existing developed lots
where there is a proposal for conversion of use (residential
to office or commercial).
7. All development standards and design criteria required by
the Zoning Ordinance or other policy documents shall apply.
8. All Uniform Building Codes and Engineering Standards shall
apply.
The Affordable Housing /Community Development Committee in
recommending this procedure is concerned in responding to the City
Council request as well as the request from Dr. Sanchez, who desires
to establish his dentist practice at 116 Moorpark Avenue. Staff
within the last six months, at the direction of City Council
implemented a modified approach concerning the conversion of a
residence /beauty parlor to an office use for Tender Loving Care
(TLC) Hospice Administrative Offices, at 448 Moorpark Avenue. In
this case, there was a combination of uses, both office and a
residence, which resulted in the Zoning Clearance procedure being
utilized to accomplish consistency with appropriate code
requirements. The applicant completed landscaping, parking and
building code improvements in order to convert the existing
structure to full office use, prior to the granting of authorization
of the use.
Because of the definitive nature of the Zoning Ordinance,
particularly relating to the establishment of uses and the past
k1MOR_ PRI_ SERVHOME _FOLDERS\CLa8euNADWNTWNU nlwn SP Area - Uses.doc
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Honorable Mayor and City Council
Downtown Specific Plan Area
April 7, 1999
Page 4
strict adherence to the code requirements, including for the
conversion of existing buildings, amendment of the Zoning Ordinance
is necessary to implement a new entitlement process. Based upon the
construction of the Zoning Ordinance the City Council is unable to
authorize another decision making body or City Official to render a
decision on an item unless the code is amended through a public
hearing by the Planning Commission and City Council to reflect the
proposed change. If the City Council determines that alternative
entitlement processing procedures should be implemented, the City
Attorney has suggested that responsible parties for decision making
be established by resolution. Identification of recommending and
decision making bodies for entitlement processing through adoption
of a resolution provides flexibility to easily shape the decision
making authority to meet the needs of the City. If the City Council
desires to create the alternative entitlement processing procedure
outlined by this report, referral to the Planning Commission with
direction to initiate a code amendment would be appropriate.
RECOMMENDATION:
Direct staff as deemed appropriate.
ATTACHMENT:
City Council Staff Report dated 2/9/99 (New Uses in Existing
Buildings)
UMOR_ PRI_ SERV( HOME_FOLDERS1CLdeuWDWNTWMDwntwn SP Area - Uses.doc
G()Cl :
CITY OF MOORPARK
AGENDA REPORT
TO: The Honorable City Council
FROM: Nelson Miller, Director of Community Development
DATE: February 9, 1999 (For CC Meeting of February 17, 1999)
SUBJECT: Consider Permit Processing Policies Related to New
Uses Proposed in Existing Buildings
Discussion
A report on permit processes was requested, especially related
to new uses in existing buildings.
Pursuant to City Codes most uses are subject to the approval of
a Planned Development Permit prior to the initiation of the use,
but are allowed as a matter of right. They are subject to site
plan review and may be conditioned to assure compliance with the
requirements and purposes of the Zoning Code. City policy for
structures where there is already an existing approved Planned
Development Permit, has been to review the same use or similar
uses through a Zoning Clearance. Uses which have special
requirements or different requirements, such as additional
parking or a change in the exterior appearance of the building,
have typically been reviewed through a modification to the
permit. The notes to Table 17.20.060 in the Zoning Code,
"Permitted Uses in Commercial and Industrial Zones",
specifically reference certain uses, such schools, churches,
restaurants, and temporary outside eating facilities as
requiring a modification to the Planned Development Permit.
Older buildings, particularly in the Downtown area do not have
an approved Development Permit and may not comply with current
Code requirements. Generally the same use, such as retail sales,
has been reviewed through a Zoning Clearance. However, other
uses which were permitted by a Development Permit, particularly
which may have different parking requirements, involve a change
in the exterior appearance 'of the building, or other
ATTACHMENT
COU"04
Permit Processes
February 17, 1999
Page 2
requirements, have been required to process a Development
Permit, since there was not an original permit to modify. A
separate fee was established for this category a couple of years
ago, which was similar to a Conditional Use Permit and
considerably less than a major modification fee. Conversion of
a structure from one use to another, particularly such as
conversion of residential structures to commercial uses
frequently involves considerable staff time, similar to a new
development.
It has been suggested several times, particularly during
consideration of the Downtown Specific Plan, that a different
permit process be provided for new uses in existing commercial
buildings, where a Development Permit does not currently exist.
The existing processes provided in the Code, other than the
Development Permit and modifications, include Administrative
Permits and Zoning Clearances. Zoning Clearances are
ministerial permits which certify that uses are in compliance
with the Codes. If it is intended to condition projects, then a
an Administrative Permit or other type of permit would be more
appropriate. Administrative Permits are discretionary permits
subject to the approval of the Community Development Director.
Uses subject to these permits are also essentially permitted,
but subject to site plan review by staff. They require a mailed
notice to property owner within three hundred feet at least ten
days prior to a determination. If Administrative Permits are
intended to be utilized for review of commercial uses, the fee
deposit schedule probably should also be reviewed for such
permits.
If it • is intended for uses to be discretionary, then a
Conditional Use Permit is a more appropriate mechanism.
Currently, Conditional Use Permits require a public hearing and
full notices with determinations made by either the Planning
Commission or City Council.
Other cities also provide other types of permits, such as Minor
Development Permits, or even Minor Conditional Upe Permits which
are approved at a staff level. Minor Development Permits could
involve similar requirements to existing Development Permits, or
reduced submittal requirements, but be subject to review at a
staff level, rather than by Planning Commission or City Council.
Minor Conditional Use Permits would still typically require a
notice to surrounding property owners, while Minor Development
Permits would not necessarily require notice.
M:\ NMiller \M \CCrpts \PermitProc.doc
Permit Processes
February 17, 1999
Pege 3
Changing the type of permit processes or implementin
Of Permits would require ail amendment to 9 new types
Council may direct initiation of the Zoning Code.
consideration an Based d recommendations to a Code Amendment for
Planning Commission. . City Council by the the
upon previous discussions with
City Attorney new procedures in the Code may also be required to t
designate a Zoning Administrator for action on certain e
permits with appeals directly to Cit YP of
Planning Commission. y Council rather than
Staff Recommendation:
Direct staff as deemed appropriate.
f
M:\ NMiller \M \CCrpta \PermitBroc.doc