HomeMy WebLinkAboutAGENDA REPORT 1997 0416 CC REG ITEM 09E7/A .3 (4)
ITEM 9,
CITY COUNCIL
AGENDA REPORT
TO: The Honorable City Council
FROM: Paul Porter, Senior Plann`
Nelson Miller, Director of Community Developmen l '
DATE: March 31, 1997 (CC Meeting of April 16, 1997)
SUBJECT: CONSIDER REQUEST BY MADELAINE SHENKEL AND BILL TANNER
FOR THE CITY TO INITIATE A GENERAL PLAN AMENDMENT TO
AMEND THE LAND USE ELEMENT OF THE GENERAL PLAN ON 4.78
ACRES OF LOCATED AT 13991 LOS ANGELES AVENUE (APN.
513- 01 -22) FROM "RH" (RURAL HIGH 1DU. /5 ACRES MINIMUM)
TO 11I -2" (MEDIUM INDUSTRIAL) AND ZONE CHANGE FROM RE -1
ACRE (RURAL EXCLUSIVE 1 ACRE MINIMUM) TO M -2 (LIMITED
INDUSTRIAL)
The applicant is requesting permission to process a General Plan
Amendment and Zone Change. The property consists of
approximately 4.78 acres of land northerly of Los Angeles Avenue
bordered by the SR- 23/118 Freeway Connector right -of -way and
approximately 100 foot topographic separation (elevation) to
adjacent rural residential properties located to the north and
west. The property has a General Plan Land Use Designation of
"RH" (Rural High ldu. /5 acres minimum).
Staff does not accept an application for a General Plan Amendment
unless the City Council concurs with the initiation of the
requested amendment.
At this time, the City has an open Code Enforcement action on
this property in that the applicants' have occupied the property
with a trucking business (contractor's service yard) after being
advised not to do so by City staff.
CITY OP MOORPARY, CALIFOO"
City Co ncil Meeting
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Preapplication 96 -11
Applicant: Shenkel /Burns
City Council Staff report 4/16/97
Page No. 2
Prior to making a recommendation to the City Council to revise
the land use designation for the subject property, the City
Council should consider that the State Government Code does limit
the frequency of amendments to a mandatory element of the General
Plan to no more than four times during any calendar year. There
are currently six filed General Plan Amendment applications, as
well as three previous applications for amendment screening, plus
four other potential applications which have been discussed.
There are currently two previous General Plan Amendments (GPA),
which the Planning Commission has considered, but City Council
has not yet acted upon, GPA 96 -3 (relating to Tract 4928,
Bollinger, initiated by the City) and GPA 96 -2 (DeeWayne Jones).
Following is a list of the pending and potential General Plan
Amendments:
Applications in Process
1. Specific Plan No. 1, Hitch Ranch (Land Use Element amendment to
reflect final approved plan)
2. Specific Plan No. 2, Morrison - Fountainwood- Agoura (Land Use and
Circulation Element amendments to reflect final approved plan)
3. Specific Plan No. 8, Hidden Creek Ranch (Land Use and Circulation
Element amendments to reflect final approved plan)
4. Pacific Communities Builders, Inc. residential project (Land Use
Element amendment to revise density set for Planning Commission
hearing on April 14, 1997)
S. DeeWayne Jones Commercial Center (Land Use Element amendment from
Medium Density Residential to General Commercial)
6. Downtown Specific Plan (Land Use Element amendment to reflect
revisions to land uses and densities)
Pre - Applications in Process
1. Pre - Application for Specific Plan No. 9, Braemar Homes (Land
Use Element to reflect final approved plan)
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Preapplication 96 -11
Applicant: Shenkel /Burns
City Council Staff report 4/16/97
Page No. 3
2. Pre - application for Anderson /Burns (Land Use Element amendment
from Agricultural to Medium Industrial)
3. Pre - application for Shenkel /Tanner (Land Use Element amendment
from Rural High to Medium Industrial)
In addition to the above amendment requests there are several
other potential General Plan amendments that may be filed or
considered, including:
1. The property south of ARCO and west of the LeClub
Apartments, to revise the land use designation from General
Commercial to Very High Density residential.
2. The former Tentative Tract 3217 (Rasmussen) property on the
west side of Walnut Canyon Road, south of Tentative Tract
4928 (Bollinger). (Possible Land Use Element Amendment for
increased density)
3. Sphere of Influence Study (Land Use Element Amendment would
be needed to address any areas proposed to be added to
Sphere of Influence)
4. The Gisler Field site on Poindexter Avenue which is owned by
the Moorpark Redevelopment Agency. (Possible Land Use
Element amendment to reduce the density consistent with the
maximum number of units directed by the Agency Board and
City Council)
Not only is the City limited in the number of times per year in
which any Element of the General Plan may be changed, but the
City also has limited staff to process this number of proposed
changes.
The applicant's request is to authorize staff to process a
General Plan Amendment for a change in the existing "RH" (Rural
High ldu. /5 acres minimum) to I -2 (Medium Industrial) and a
Zone Change from RE -1 Acre (Rural Exclusive 1 acre minimum) to M-
2 (Limited Industrial).
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OW043y
Preapplication 96 -11
Applicant: Shenkel /Burns
City Council Staff report 4/16/97
Page No. 5
property to the west, approximately 100 feet above the subject
property. Therefore, a General Plan Amendment and Zone Change to
allow industrial uses would have the potential to be compatible
with the surrounding properties.
Processing a General Plan Amendment and Zone Change together is a
legislative act which does not have time constraints for
completion as with other discretionary projects. A City Council
policy has been established to not accept projects for concurrent
processing and that a project application for a discretionary
project is not considered complete until a General Plan Amendment
and Zone Change is adopted by the City Council. Currently, there
is specific language in application packets stating that:
All development projects (including, but not limited to
subdivisions, planned development permits, and conditional
use permits) must be consistent with the City General Plan
and Zoning Code to be deemed complete. To be consistent
with the General Plan, a proposed project must be allowed by
the land use designation and must be consistent with
applicable goals and policies. To be consistent with the
Zoning Code, a proposed project must be allowed by the zone
district designation and must be consistent with all
applicable zoning regulations (including, but not limited to
setbacks, structure height, parking, and landscaping
coverage).
It is recommended that City Council authorize acceptance of the
applications once existing violations of the Municipal Code on
the property are corrected.
Attachments: 1. Resolution
2. General Plan and Zone Change Maps
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