Loading...
HomeMy WebLinkAboutAGENDA REPORT 1996 0918 CC REG ITEM 10FAGENDA REPORT CITY OF MOORPARK ria . 3 Cl)(/)(a) 11 E.M . E9 TO: The Honorable City Council C FROM: Paul Porter, Senior Planner Nelson Miller, Director of Comanunit Y meaD Develo rJ P DATE: September 12, 1996 (CC meeting of 9/18/96) SUBJECT: CONSIDER RESOLUTION NO. 96- AN APPLICATION FOR ORDINANCE AMENDMENT NO. 96 -1 REQUESTING REVISIONS TO THE MUNICIPAL CODE TO ESTABLISH A COMMUNITY SERVICES ZONE; AND REQUEST TO CONTINUE TEMPORARY STORAGE OF RECREATIONAL VEHICLES PENDING DECISION ON ORDINANCE AMENDMENT AND COMMERCIAL PLANNED DEVELOPMENT On November 28, 1994, the Director of Community Development approved Zoning Clearance No. 94 -0267 for Temporary Storage of Recreational Vehicles on a 6.82 acre site (Assessor's Parcel No. 506 -0- 020 -64) located at the northwest corner of Spring Road and the Arroyo Simi, just south of Los Angeles Avenue. The Temporary Use for the storage of recreational vehicles was approved for 18 months ending on May 28, 1996. A condition which was recommended and agreed upon by the applicant was, if the applicant intended to provide vehicle storage beyond the 18 -month period, the applicant would apply for a Zoning Ordinance Amendment and Commercial Planned Development permit to allow recreational vehicle storage in the Commercial Planned Development zone to be filed with the Department of Community Development prior to termination of the 18 -month period. A determination was made that allowing storage of recreational vehicles on the site on a temporary basis as allowed under the Temporary Use Permit would not constitute an expansion of the contractor's service yard, which was an existing non - conforming use. The Temporary Use Permit for this use was reviewed by Council and allowed for this trial period. A: \18SEP96.CC Honorable City Council September 12, 1996 Page 2 Subject: Ordinance Amendment No. 96 -1 (AC Construction Company) Upon application for both the Zoning Ordinance Amendment and Commercial Planned Development permit, the applicant requests permission to continue to operate the recreational storage facility for an additional six month period. The applicant indicated that the recreational storage facility use would terminate at the end of the 24 -month period if the City did not approve a Zoning Ordinance Amendment and the Commercial Planned Development permit. The Temporary Use Permit for the Recreational Storage Facility therefore, expired on May 28, 1996. On June 28, 1996, a letter was sent to the applicant indicating that the Zoning Clearance for the temporary recreational storage had expired and requesting that the recreational storage cease by July 31, 1996. On July 10, 1996, Mr. John Newton sent a letter to the Director of Community Development stating that an application would be filed within approximately 10 days and suggested that the matter be brought before the Community Development Committee to review the project's status and various property owner concerns. On August 5, 1996, the applicant applied for Zoning Ordinance Amendment No. 96 -1 and requested that this matter be brought before the Community Development Committee to discuss the continuation of storage of recreational vehicles as well as some type of structures to allow for mini - storage uses. The Community Development Committee discussed this matter at their meeting on August 5, 1996, and requested staff to report to the City Council regarding options available to allow these uses at Mr. Anderson's property, including a request by Mr. Anderson, to extend the use of recreational storage on the property pending the resolution of the Zoning Ordinance Amendment and request for Commercial Planned Development Permit. The applicant met with staff on August 20, 1996 to discuss the status of the application for a Commercial Planned Development permit which had not been received by the City as required pursuant A: \18SEP96.CC OVV13U. Honorable City Council September 12, 1996 Page 3 Subject: Ordinance Amendment No. 96 -1 (AC Construction Company) to the requirements of the Zoning Clearance for the temporary recreational vehicle storage. The applicant indicated that the application for the Commercial Planned Development permit had not been completed as he was still in the process of determining the exact scope of the uses he wanted on the property. An agreement was reached that the applicant would submit a formal application to the City for a Commercial Planned Development permit for an expansion of the property which would consist of continuation of the recreational storage area plus mini - storage in conjunction with the existing contractor storage yard no later than October 7, 1996. A list of the application requirements was given to the applicant and an agreement was reached that the applicant would submit the application for a Commercial Planned Development Permit by October 7, 1996. Subsequently, Mr. Newton, the applicant's representative, submitted the attached letter requesting that the Temporary Use Permit be extended and that the applicant be allowed to file an application within thirty days of the adoption of a new ordinance, for which they have filed. Mr. Newton also includes several other requests, which may or may not be appropriate, considering that the City's intent has been to encourage the development of commercial uses at this location. The contractor's storage uses originally permitted by the County in then industrially zoned property are now non- conforming uses. The City has received complaints regarding noise, late night and early morning operations, lighting glare, and unsightliness of these non - conforming uses at this location. Zoning Ordinance _Provision,-, fog_ Recreational Vehicle and Mini - Storaae The City's Zoning Ordinance does not permit recreational vehicle storage or mini - storage in the Commercial Planned Development zone, but permits them in both the M -1 and M -2 zones throughout the City with a Planning Commission approved Planned Development Permit. R: \18SEP96.CC 006131 Honorable City Council September 12, 1996 Page 4 Subject: Ordinance Amendment No. 96 -1 (AC Construction Company) •� • -ii.• . - u The applicant has indicated to staff that he would like to use the property for recreational vehicle storage and mini - storage facility on a temporary basis, until the economics is such that development of the property into commercial uses would be appropriate. Analysis Allowing the temporary use of a mini - storage and Recreational storage within the Commercial Planned Development Zone could be considered precedent setting which would encourage other property owners to request temporary uses not appropriate for a Commercial Planned Development Zone for several years. The general purpose of the Commercial Planned Development Zone according to Section 17.16.050 of the Municipal Code is to encourage the development of coordinated, innovative and efficient commercial sites and to provide areas for a wide range of commercial retail and business uses, including stores, shops and offices supplying commodities or performing services for the surrounding community. Therefore, authorizing long term temporary use of property zoned for commercial and retail type uses within the City would serve to be contrary to the zones established goal of encouraging the supply of commercial commodities or other services to the community. 2. Zoning Ord; nance Amendment_____ Allow _ Mini-Storage and gec eats on__ _Vehi _c1e_ S_tarage in Commercial - -P anned Duel oPmen_t Z olae-S There is a limited amount of land presently available zoned for commercial uses. Allowing recreational vehicle and mini - storage on other commercially zoned property throughout the City could severely limit the ability of the City to attract sufficient commercial uses to serve the population as the City's population and the need for additional commercial uses within the community increases. A: \18SEP96.CC V � V .ter -32 Honorable City Council September 12, 1996 Page 5 Subject: Ordinance Amendment No. 96 -1 (AC Construction Company) 3 . Allowing h�ini StorQc�� and Rcr�rcar; nasal Vehicle ora �t cJP o y in ad Pr p r cD=ercial P anned- Devel oPment_ Secondary _ T oc�ne Throughout the City There are some areas throughout the City Zoned Commercial Planned Development that are not on major arterial streets such as some of the land located southerly of Los Angeles Avenue adjacent to the Arroyo Simi. oaf f Analvsi-a There is merit to allowing commercially zoned land on secondary streets to be used for a mini - storage or recreational vehicle storage facility in that they would provide a limited service type use normally performed in industrial areas throughout the City, but of a less intense use than normally allowed within industrially zoned property. However, allowing uses in CPD zones in secondary locations may include areas adjacent to residential areas, or have other unintended consequences or impacts and may further reduce areas available for other commercial uses that better contribute to purposes of these areas. It is probably better to amend the Code such that each parcel would be examined for its impacts, such as with option No. 4. This would also allow for other properties to be considered, which are not currently zoned for commercial. 4. Esi-ab1i shme_nt_of -New--Zone _ - _ Commer_ai l_ Serer; c gone ( CS ) Mini - Storage, recreational vehicle storage, contractor office and types of uses that typically require large storage areas, but need limited parking, which may also include home improvement stores, lumber yards, floor covering and furniture stores. ' M xq To accommodate such uses, a new zoning district could be established called a commercial service (CS) zone. The CS zone would be intended to provide land on which certain service uses may be combined with those commercial activities which are frequently not compatible with conventional retail, service and office uses. A: \16SEP96.CC Honorable City Council September 12, 1996 Page 6 Subject: Ordinance Amendment No. 96 -1 (AC Construction Company) This designation could still be considered consistent with a General Commercial General Plan Land Use designation. Establishment of another zoning designation to accommodate the applicant's requested uses and rezoning the property to allow a recreational vehicle and min - storage could be appropriate in a CS zone. Other types of uses that might be appropriate either as permitted or permitted subject to a Conditional Use Permit, include: * Administrative and executive offices * Artist and photographic studios * Animal care facility, including animal hospital, rcial kennel grooming - with * * * * * * * * * * * * * * * * * * * veterinarian, comme exterior kennel, pens or runs Art and photographic studios, and supply stores Appliance sales and repair Athletic and health clubs, gyms and weight reducing clinics, with aerobics Automotive services, including motorcycles, boats, motor homes, trailers and campers, sales and repair (car washes, rentals, etc.) Bicycle shops Carpentry or cabinet shops Catering establishments Commercial recreation facilities such as billiards, theaters, etc. and indoor facilitieE golf, tennis, basketball, baseball, trampolineE amusement centers, etc. Communications and cable television facilities Dance and music schools (not including recitals, or similar activities). Dry cleaning and laundry facilities Equipment rental yards Feed and tack stores Furniture stores, including incidental repair Furniture, upholstery repair and refinishing Hardware stores Home improvement centers Janitorial services and supplies Laundry, self service bowling, such as f amily concerts A: \18SEP96.CC 000134 Honorable City Council September 12, 1996 Page 7 Subject: Ordinance Amendment No. 96 -1 (AC Construction Company) * Lawnmower, lawn care, and outdoor equipment sales and service * Newspaper and magazine printing and publishing * Nurseries and garden supply stores, including outdoor display of plants * Office and business machines store * Pet shops * Plumbing shops and supplies * Printing, blueprinting, and photocopy shops * Recreational vehicle and boat storage * Swimming pool supplies * Tailor shops * Taxidermists * Television and radio, sales and service * Thrift and second hand stores * Tire sales and service * Transportation facilities, train, bus and taxi depots, not including office only uses * Truck and trailer rental, sales and service * Public buildings (libraries, government buildings, post office) * Private and public clubs and lodges * Public utility installations * Vocation or business trade schools If the City Council chooses to direct the Planning Commission to study the possibility of establishing a CS zone, other sections of the Municipal Code will also need to be amended such as Sections Section 17.16 (Purposes of Zones), 17.20 (Uses by Zone) 17.24 (Lot Area, Coverage, Setbacks, Height and Related Provisions, and 17.36 Standards for Specific Zones and Zone Types) . Staff recommends Option No. 4 as the most suitable mechanism to address the issues raised by this application and meet the purposes of the City. A: \18SEP96.CC OW135 Honorable City Council September 12, 1996 Page 8 Subject: Ordinance Amendment No. 96 -1 (AC Construction Company) Staff recommends that the Temporary Use permit for a time extension for the existing recreational vehicle storage be given to the applicant. The continued use of the recreational storage facility could then be further continued subject to the discretion of the City until the City Council renders a decision on the applications filed. 1. Adopt the attached resolution directing the Planning Commission to study, set a public hearing and provide a recommendation to the City Council about the proposed change to the City's Zoning Ordinance. 2. Authorize a continuance of the temporary recreational storage facility until the City Council renders a final decision on the Zoning Ordinance Amendment. However, this time extension shall not exceed a maximum one year from September 18, 1996, unless subsequently extended by the City Council. Attachments: 1. Zone Map 2. Resolution initiating proceedings to revise the Zoning Ordinance 3. Letter dated September 9, 1996, from John Newton A: \18SEP96.CC ()W:LaG 0 F" fig ' VON Am 7.6-1, 191 ma �SZ -W I{{ - Aw. JAOORPJ�RW 7 iiImmim.,T4 CoMMOITY r 1* rullff, 410C.-VEOLINSTRENJ evil ' Me .-Blotir r Of IN: a 1 411 lux as■ Ln I mods LAM low !=&Zz ,v 10-W. 't #I.,- Ri � AD i Ir- ,v 10-W. 't #I.,- RESOLUTION NO. 96- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA DIRECTING THE PLANNING COMMISSION TO STUDY, SET A PUBLIC HEARING AND PROVIDE A RECOMMENDATION TO THE CITY COUNCIL PERTAINING TO PROPOSED CHANGES TO SECTION 17.16 (PURPOSES OF ZONES), 17.20 (USES BY ZONE) 17.24 (LOT AREA, COVERAGE, SETBACKS, HEIGHT AND RELATED PROVISIONS, AND 17.36 (STANDARDS FOR SPECIFIC ZONES AND ZONE TYPES) OF THE MOORPARK MUNICIPAL CODE (CITY OF MOORPARK ZONING ORDINANCE) TO ESTABLISH A COMMERCIAL SERVICES DISTRICT ZONE TO ALLOW USES SUCH SERVICE USE SUCH AS MINI - WAREHOUSE AND RECREATIONAL VEHICLE STORAGE; AUTHORIZATION TO CONTINUE TEMPORARY STORAGE OF RECREATIONAL VEHICLES PENDING DECISION ON ORDINANCE AMENDMENT AND COMMERCIAL PLANNED DEVELOPMENT AND JOINT PROCESSING OF COMMERCIAL PLANNED DEVELOPMENT AND ZONE CHANGE Whereas, Section 8115 -1.1.a of Article 15 of Division 8, Chapter 1 of the Municipal Code provides that 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. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION I. That the City Council does hereby authorize the initiation of proceedings to consider amendments to revise the Zoning Ordinance for the purpose of considering revisions to Sections 17.16 (Purposes of Zones) , 17.20 (Uses by Zone) 17.24 (Lot Area, Coverage, Setbacks, Height and Related Provisions, and 17.36 (Standards for Specific Zones and Zone Types) of the Moorpark Municipal Code (City of Moorpark Zoning Ordinance) to establish a Commercial Services District zone to allow uses such service use such as mini - warehouse and recreational vehicle storage. SECTION 2. That the Planning Commission is hereby directed to study, set a public hearing and provide a recommendation to the City Council pertaining to amendments of the Moorpark Municipal Code (City of Moorpark Zoning Ordinance) to establish a Commercial Services District zone. A: \18SEP96.CC 001138 ATTACHMENT 2 SECTION 3. That the City Council authorizes the applicant to continue the use of temporary recreational storage on a 6.82 acre site (Assessor's Parcel No. 506 -0- 020 -64) until thirty days after the City Council renders of decision on the Zoning Ordinance Amendment. However, this time extension shall not exceed a maximum of one year from September 18, 1996, unless subsequently extended by the City Council. SECTION 4. That the applicant pay for all City costs for processing a Zoning Ordinance Amendment and any subsequent applications. SECTION 5. That the City Clerk shall certify to the passage and adoption of this resolution. PASSED, APPROVED, AND ADOPTED THIS 18TH DAY OF SEPTEMBER, 1996. AYES: NOES: ATTEST: City Clerk Mayor A: \18SEP96.CC OWL -33, John W. Newton & Associates, Inc. �%% ZnrE11io)2af Cot21U�t_ 65 High St., ?;uite 103 Post Office Box 471 Moorpark, California 93021 September 9, 1996 Nelson Miller Director, Community Development 799 Moorpark Avenue Moorpark, California 93021 Re: A -C Construction Company, Inc MOORPARK R.V. & STORAGE COMPANY Dear Mr. Miller: j E ° ., i D jogs CITY OF MOORPARK 7" MOORPAP,K ,VaNUC MOORPAMK, CA 9t021 (803) 52e -noe4 Telephone (805) 378 -0073 Fax No. (805) 378 -0080 In response to your letter of August I have met with Mr. i 28, 1996 and our recent discussions, reluctant to Anderson to review hip; concerns. engage further architectural and engineeringyservices4Jfor the is proposed mixed use project (R.V. -- Mini- Storage— Contractors Storage -- Commercial Office) due to the uncertainties currently being experienced regarding Process, the fees requested by the City 9 ng the preliminarily bein , 'nd the potential costly g considered by the Ci',y• conditions Consequently, Mr. Anderson feels that it would be prudent to delay formal filing of the application for the mixed use plan until such Proposed Commercial Services District Zoning the Assuming Ordinance is adopted by1theaCitye g that this ordinance met his needs, he would agree to file the ap lica- tion for a discretionary use permit i_th n 30 days of the expiration appeal period for the new ordinance. P P on of the In order that Mr. Anderson's needs are specifically development and adoption of the new ordinancethefollowin are im considered during of concern: g portant items I. The Contractors Storage use must be allowed to continue as curr approved under DP -113 (MOD), November 20, 1980, ently 2. Non - conforming Use status, and all of the liability associated with same, needs to be eliminated via the new ordinance for the Contractors Storage use. 3 Portable, Mini - Storage facilities for this purpose hich are pre- fabricated specifically affixed to foundations�lshouidnbc ) and which are not permanently Contractors Storage in the nee-, ordinance. classified similar to R.U. and great deal of difficulty with the This would eliminate a recognizin Process and associated fees by Move to "significantenew constructionp� units for what they are as opposed ATTACHMENT 3 REAL ESTATE BROKERAGE iv�INERAI ommeraci • Industrial • Land Residertia! Relocation RESOURCE REAL ESTATE DEV,LOPMENI r1G \ /GI �lnnar r , Fnnlno�.:,.� _ Nelson Miller September 9, 1996 Page 2 If the new CSD ordinance accomplishes these objectives, while limiting its application to specific, uniquely suited properties for City control purposes, then we believe that a reasonable and fair process can be employed in the best interests of Mr. Anderson and the City. Please remember that the proposed mixec use plan results from the very intended purpose of the original Tempor�jry 7one Clearance: a test of the economic viability of adding R. V. & St:orage uses to the existing Contractors Storage Yard. Further, that the mixed ,tor age uses will continue to e a temporary surface use of the property unt_i] such time as permanent, commercia_ development of the site is warranted.Je need tc avoid costly permanent development type conditioning of thi ��m�;;.ral'y use project. cc: Stephen R. Anderson inc e"r e 1 y Ir ohn W. Newton Applicant's Representa-,-ve