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HomeMy WebLinkAboutAGENDA REPORT 1995 0517 CC REG ITEM 11GAGENDA REPORT TO: The Honorable City Council ITEM • _ ACri N441, t� FROM: Jaime Aguilera, Director of Community Developmen r Prepared by Paul Porter, Senior Planner BY 1L DATE: April 21, 1995 (CC meeting of May 17, 1995) SUBJECT: PREAPPLICATION NO. 95 -5 ON THE APPLICATION OF ALI Cvt -kt(� BOUKHARI REQUESTING THE CITY COUNCIL TO 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 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 (6 pump) with a min -mart and a fast food service type restaurant 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 locution. map). Discussion Zoning Ordinance Provisions The City's Zoning Ordinance 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. Restaurants are permitted in both the M -1 and M -2 Zone with a Planning Commission approved Planned Development Permit. The Ordinance does not distinguish between types of restaurants, although fast food restaurants are typically found along high traffic volume roadways and freeways and more heavily concentrated industrial and Business Parks than found in the Condor Drive area. The City's prior Zoning Code required a Conditional Use Permit for restaurants in the M -1 or M -2 Zones. 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 may be allowed if the areas used for retail sales do not exceed 20% of the cumulative floor area. PP04:21:9511:52pmA:\17MAY95.CC 00103 Signage Although the applicant has not mentioned the need for signage for the site, staff anticipates that the applicant may wish to install a pylon sign to take advantage of the freeway frontage. Pylon signs are only allowed for commercial property frontage on Los Angeles Avenue and would therefore be prohibited for this location. Analysis The City's Zoning Ordinance presently allows an automobile service station in all of the commercial zones with approval of a Planning Commission approved Planned Development Permit. Typically they are a more intense use than other uses found in the commercial zones due to higher traffic volume and the handling of flammable liquids. As such they can be more compatible with industrial types of uses, with appropriate mitigation measures to alleviate any potential incompatibility problems. On the other hand the service stations and fast food establishments require local traffic volumes which are greater than those found in typical industrial zones. Los Angeles Avenue, the freeway and Princeton Avenue will presumably provide the traffic volume required for these types of businesses to survive. During the review process, a project would be evaluated to ensure impacts related to traffic, noise, lighting, etc. would be addressed to bring potential impacts to a less than significant level. Therefore, they should also be allowed in both the M -1 and M -2 Zones with approval of a Planning Commission approved Planned Development Permit. Requirements 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. 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 PP04:21:9511:52pmA: \17MAY95.CC 1 00104 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 SUF. 7. Thousand Oaks - Automobile Service Stations are allowed in both the commercial and the M -l. and M -2 zone with approval of a SUP. 8. Ventura - Automobile service stations are an allowed use in all commercial and industrial zones with approval of a CUP. In accordance with the applicant's request, staff is of the opinion that an automobile service station in either the M -1 or M -2 Zone would be an appropriate use in the industrial zones within the City with a Planning Commission approved Planned Development Permit. 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 i..n all areas of the City that are currently zoned M -1 or M-"". Alternatives Another 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. This may be appropriate if this particular site is considered for freeway commercial type uses. Changing the zoning designation would also require a General Plan Amendment, and there may be an issue of "spot zoning ". Recommendation: Adopt the attached resolution directing the Planning Commission that upon filing of a complete application, they should study, set a public hearing and provide a recommendation to the City Council pertaining to the proposed change to the City's Zoning Ordinance. Attachments: 1. 2 PP04:21:9511:52pmA: \17MAY95.CC Resolution initiating the Zoning Ordinance Location Map 3 proceedings to revise 00105