HomeMy WebLinkAboutAGENDA REPORT 1996 1002 CC REG ITEM 10CLOO .
AGENDA REPORT
CITY OF MOORPARK
TO: The Honorable City Council
FROM: Paul Porter, Senior Planner
r --
Nelson Miller, Director of Community Developme
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.
00031S
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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.
Application_fos ZoninLg _ Qr_clinance _ Amendment_ No_ 96-1
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.
Meeting with Applicant _t_o__Diacuss Statute of -Application
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
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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 Provisions__ _for Recreational_ _Vehicle -_ and Mini-
Storage
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.
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000132C,
Honorable City Council
September 12, 1996
Page 4
Subject: Ordinance Amendment No. 96 -1 (AC Construction Company)
OPTIONS TO BLLQVL RECRE=0NA1-_ VEHICLE _ -ST_ORAQH- AND MINI - STORAGE.-
FA('IT.ITY ON-Y$OPERTY
1. Gongnuance_ o-f Temporary Use Permit
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.
S-taff- Analy-s i s
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-- -Ordinance- amendment _to_ Allow _Ei_ i_-St_orag_e and
Recreat-Lon Vehicle_ Storage_ in Commerc _i -al._Planned_D-e-velopment,
Zones
S t a f_f_ Anal_ysi 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.
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Honorable City Council
September 12, 1996
Page 5
Subject: Ordinance Amendment No. 96 -1 (AC Construction Company)
3. Allowing _Mini- _StQrage _.and_ Recr_eational__M_ehiclP Storage on y in
Commercial _Plannesi_ _aevelopment (CPD_) Zoned_ Property Locate_�4n
Ee_condary __Locationa 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.
StaffAnalysis
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. Establishment of --New Zone Commercial Service -_Zo-n-e_ _(C.S)
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.
Staff Analysis
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.
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00,32
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,
veterinarian, commercial kennel, grooming - with
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 bowling,
billiards, theaters, etc. and indoor facilities such as
golf, tennis, basketball, baseball, trampolines, family
amusement centers, etc.
* Communications and cable television facilities
* Dance and music schools (not including recitals, concerts
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 000323
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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.
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Honorable City Council
September 12, 1996
Page 8
Subject: Ordinance Amendment No. 96 -1 (AC Construction Company)
:AID +M 1 • 16)*IJONI iil• Ilu • +M +j 4�•i�.i i.M �•�
114 311
i • \ • • t
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.
RFCO10ENDATTONG :
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.
1'
• 2✓' Authorize a continuance of the temporary recreational
✓' storage facility until the..0 � Council renders a final
decision on the e Amendment. However, this
H- r
time extension shall not exceed a maximum one year from
�&ptember 18, 1996, es-s subsegtte-ntly extended -by the City
VIA �,eounc i 1 .
J Attachments:
1. Zone Map
2. Resolution initiating proceedings to revise the Zoning
Ordinance
3. Letter dated September 9, 1996, from John Newton
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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 1. 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
000 -327
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
000 -Uh
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John W. Newton & Associates, Inc.
Pzn6ESSlonaC �onsitCEanEs
r ,
h5 High St., .,,,;ite 103
Post Office Box 471
CITY or= MOORPA�
7�3
Moorpark, California 93021
?? PAM °'vaNUE
MOORPA?4f<,
, CA 9.021
W)5) 328 -CO
September 9, 1996
Nelson Miller
Director, Community Development
799 Moorpark Avenue
Moorpark, California 93021
Re: A -C Construction Company, Inc.
MOORPARK R.V. & STORAGE COMPANi'
Dear I�r. Miller:
Telephone (805) 378 -0073
Fax No. (805) 378 -0080
I
In response to your letter of August B, 1996
have met with Mr. Anderson to review hl our recent discussions
reluctant to engage further architect As you are aware, he is
Proposed mixed use project R U _ and engineering services for the
Office ( P1-Str;; age -- Contractors Storage - Commercial
due to the uncertainties currentl✓
Process, the fees requested b being experienced regarding the
preliminari_1 q Y the City nd the potential costl
y being considered by the Cit•f. Y conditions
Consequently, Mr. Anderson feels that, it would be prudent
formal filing of the application for the mixed use plan until such Proposed Commercial Services District the to delay the
Assuming g Ordinance is adopted hbyl the ahe
g that this ordinance met his needs
tion for a discretionary he would agree to file the a City.
appeal period for the new ordinance �'ith'i 3C days of the expiration of Phlica-
development order that Mr. Anderson new >e specifically considered during
Of concern: w ordi.n;ince, the foliowi
1 The Contractors Storage use
approved under DP -113 (MOD)
2. Non- conforming Use status a
same, needs to be eliminated
Storage use.
3
ng are important items
must .De allowed to continue as currently
Nov(�mber 20, 1980.
nd all 01 the liability associated with
via hr net- ordinance for the Contractors
�'ortable, Mini- Storage facilities ;�hich are
lo" this purpose Pre- fabricated specifical_1_,✓
(not old cor tain� :s
affixed to foundations, should bt c]- assified similar to R.U.
and which are not permanently
Contractors Storage in the ne,,j oriifinance.
great deal This would eliminateda
of difficulty with th` process and associated fees by
recognizing these "move on" type units for what they are as opposed
to'significant new construction)
ATTACHMENT 3
REAL ESTATE BROKERAGE
ommeracl • Industrial •Land
Resider,tio! Re(ocafion
Mh'�lERA.�
RESOUR(;I
DIV[ -[ r)p "Ji
W "Jocu
REAL ESTATE DEV�-LOPME
Engineerinq • t c wl n
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 proposi,d mined use plan results from the very
intended purpose of the original Tempor�,ly Zone Clearance: a test of the
economic viability of adding R.V. & 5i,orac�c uses to the existing Contractors
Storage Yard. Further, that the mix(,(! 'trJrag o e uses will continue t be a
temporary surface use of the proper1,�, ���ti: such time as permanent, commercia_
development of the site is warranted �',r,E,d to avoid costly condit permanent
development; t,yioning of h n,;r�iry use project.
cc: Stephen R. Anderson
Ince-ely
l
John W. Newton
Applicant's Representative
%M %J 34►V
CITY OF MOORPARK
MEMORANDUM
TO: Honorable City Council
Gam;t'—
FROM: Nelson Miller, Director of Community Development
DATE: October 1, 1996
SUBJECT: Application for Ordinance Amendment 96 -1 (A -C Construction Company) requesting
revisions to the Municipal Code to allow recreational vehicle storage and mini -
storage.
On page two of the staff report prepared for the September 18, 1996, Agenda and included for the
October 2, 1996, Agenda as a continued item, was a brief discussion regarding the Community
Development Committee review of this proposal. It should be clarified that the Committee did
review the proposal, but did not make any recommendations regarding the proposal. It is being
forwarded to the entire Council for review and consideration.
Staff has identified various alternatives for consideration and recommended a new zoning district, if
the Council desires to direct initiation of this request
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