HomeMy WebLinkAboutAGENDA REPORT 1997 0604 CC REG ITEM 08CTO:
FROM:
DATE:
C'hy CCUAC •
of Cc 14
AGENDA REPORT
CITY OF MOORPARK
The Honorable City Council
33
Nelson Miller, Director of Community Developme V
Prepared by Sandra Massa - Lavitt, Consulting Planner
May 14,1997 (CC meeting of 6/4/97)
SUBJECT: ZONING ORDINANCE AMENDMENT NO. 97 -03 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
DELETE AUTOMOBILE SERVICE STATIONS IN INDUSTRIAL ZONES
On October 18, 1995, the City Council adopted Ordinance No. 209,
which amended the Municipal Code to include the use of automobile
service stations as a Conditional Use within the Industrial Zones
for properties with frontage on Los Angeles Avenue and New Los
Angeles Avenue.
On April 16, 1997 the City Council adopted Resolution No. 1303
authorizing initiation of proceedings and directing the Planning
Commission to study, conduct a hearing and provide recommendations
regarding several amendments to the Zoning Ordinance including the
elimination of automobile service stations in the M -1 and M -2 zones
and consideration of the height and locations of walls within the
same zone.
The Planning Commission conducted a public hearing on May 12, 1997,
at which time there was discussion relative to deleting the land use
from the M -1 and M -2 zoning district.
After extensive discussion, the Planning Commission, by a 4 -0 vote,
with Chairperson Acosta absent, recommended to the City Council
that the Automotive Service Station remain as a conditional land use
land use in the M -1 and M -2 zoning district as currently listed. The
recommendation was based on the limited number of parcels available
in the M -1 and M -2 zones along Los Angeles and New Los Angeles
Avenues, that the findings required for Conditional Use Permits
provided enough issues to look at the proposal if not appropriate
97m1LLER 1M1M2SR-1.WPD
Zoning Ordinance Amendment No. 97 -03
June 4, 1997
Page 2
Permit for businesses which sell alcoholic beverages which provides
for further review and control of proposed uses.
Consistent with the direction of the Council to initiate a Zoning
Ordinance Amendment, staff had recommended adoption of an ordinance
to delete automobile service stations as a Conditional Use in the
industrial zones (see attached Planning Commission Staff Report).
This alternative is also presented for Council consideration.
A question has been raised whether mailed notice to property owners
is also required. This is not required under state law, which only
requires publication of notice for Zoning amendments. Under the
City Code, a 1/8 page advertisement in the newspaper may substitute
for mailed notice since the number of property owners to whom notice
would be mailed notice exceeds 1,000, which is the case for this
proposed amendment.
It is recommended that City Council:
1. Open the public hearing, accept public testimony, and close
the public hearing.
2. A. Accept the Planning Commission recommendation not to
proceed with Zoning Ordinance Amendment No. 97.3,
OR
B. Determine that the modifications to the City's Zoning
Ordinance are categorically exempt pursuant to State CEQA
Guidelines Section 15061 (b) (3).
C. Introduce first reading of an ordinance (included in the
Planning Commission staff report amending the Municipal
Code Section 17.20.060 to delete the use of automobile
service stations with a Conditional Use Permit within the
Industrial Park (M -1) and Limited Industrial (M -2) zoning
districts; and, delete footnote 110" from Notes for Table
17.20.060.
Attachment: Approved Planning Commission Resolution PC -97 -337
Planning Commission staff report of May 12, 1997
97M1LLER 1M1M2SR -1.WPD
RESOLUTION NO. PC -97 -337
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
THE CITY OF MOORPARK RECOMMENDING TO THE CITY COUNCIL TO
MAINTAIN THE PRESENT OPERATIVE CODE SECTIONS RELATING TO
AUTOMOBILE SERVICE STATIONS IN THE INDUSTRIAL PARK (M -1)
AND LIMITED INDUSTRIAL (M -2) ZONING DISTRICTS
WHEREAS, at duly notice public hearing on May 12, 1997, the
Planning Commission considered an amendment tot he Municipal Code
Section 17.20.060, deleting the use of Automobile Service Stations,
with a Conditional Use Permit, in the Industrial Park (M -1) and
Limited Industrial (M -2) zoning districts; and , footnote 110" in
Notes for Table 17.22.060.
WHEREAS, at its meeting of May 12, 1997, the Planning
commission opened the public hearing, took testimony from all those
wishing to testify and closed the public hearing; and
WHEREAS, the Planning Commission after review and
consideration of the information contained in the Staff Report
dated April 22, 1997 has reached a decision on this matter.
NOW THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. It is recommended to the City Council to
maintain the present operative Code Sections relating to Automobile
Service Stations in the Industrial Park (M -1) and Limited
Industrial (M -2) Zoning Districts since the findings required for
approval of Conditional Use Permits provide enough issues to
consider if the project proposal is not appropriate in the M -1 and
M -2 zoning districts. In addition, the Planning Commission has also
recommended approval of proposed Zoning Ordinance Amendment 97.02
which would also require a Conditional Use Permit for businesses
which sell alcoholic beverages.
97m1LLER 1M1M2SR -1.WPD
Resolution No. PC -97 -337
Zoning Ordinance Amendment NO. 97.03
(Permitted Uses in CPD & IPD Zones)
Page 2
This would provide a further method for consideration of Automobile
Service Stations which propose sales of alcoholic beverages.
The action of the foregoing direction was approved by the following
roll call vote:
AYES: Millhouse, Miller, Norcross, Lowenberg;
ABSENT: Acosta
PASSED, APPROVED, AND ADOPTED THIS__.19th DAY OF MAY, 1997.
ATTEST:
Celia LaFleur, Secretary
to the Planning Commission
Pc97- 337.wpd
Wv ?
TO: The Planning Commission
FROM: Nelson Miller, Director of Community Developme
-r^
Prepared by Sandra Massa- Lavitt, Consulting Planner
DATE: April 22,1997 (PC meeting of May 12, 1997)
SUBJECT: ZONING ORDINANCE AMENDMENT NO. 97.03 TO CONSIDER
REVISIONS TO SECTION 17.20.060 (PERMITTED USES IN
CONWRCIAL AND INDUSTRIAL ZONES) OF THE MOORPARK
MUNICIPAL CODE (CITY OF MOORPARK ZONING ORDINANCE) TO
DELETE AUTCHOBILE SERVICE STATIONS IN INDUSTRIAL ZONES
On October 18, 1995, the City Council adopted Ordinance No. 209,
which amended the Municipal Code to include the use of automobile
service stations within the Industrial and Commercial Zones.
On April 16, 1997 the City Council adopted Resolution No. 1303
authorizing initiation of proceedings and directing the Planning
Commission to study, conduct a hearing and provide recommendations
regarding several amendments to the Zoning Ordinance including the
elimination of automobile service stations in the M -1 and M -2 zones
and consideration of the height and locations of walls within the
same zone.
As a result of the recent code amendment, the City's Zoning
Ordinance permits an automobile service station in either the M -1
or M -2 Zone, with the approval of a Conditional Use Permit.
Footnote "0" in Notes for Table 17.20.060 states that this use in
the M -1 and M -2 zones only along Los Angeles and New Los Angeles
Avenues. Automobile service stations are also permitted in the C-
1, C -2 and CPD zones with a Planning Commission approved Commercial
Planned Development.
Staff has contacted other cities
purpose of obtaining informatio
automobile service stations in the
Mlm2sr.pc
1
within Ventura County for the
n as to whether they allow
industrial zones. The results
yVC. W&
follow:
1. Camarillo - Automobile service stations are allowed in the
commercial and industrial zones with approval of a Conditional
Use Permit (CUP).
2. FiiimQre - 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.
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 SUP.
7. Thousand Oaks - Automobile Service Stations are allowed in
both the commercial and the M -1 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.
The City's Zoning Ordinance presently allows an automobile service
station with a Conditional Use Permit in Industrial zones. More
specifically, footnote "0" limits such land uses to Los Angeles and
New Los Angeles Avenues. Typically, automobile service stations are
a more traffic intense use than others found in the Industrial zone
due to the nature of the business which caters to pass -by traffic.
This type of use within an industrial zone could pose conflicts
with industrial truck traffic interspersed with commercial traffic.
Service stations now feature fast food facilities, convenience
markets and the primary activity of pumping gasoline, all of which
M1m2sr.pc
FFA
�./ V�i�l+lrr✓
s
attract higher local traffic volumes. This type of traffic count
is greater than those found in typical industrial zones.
Particularly since the combination of gasoline station, fast food,
convenience market frequently have extended or 24 -hour operations,
which may result in conflicting land uses.
1. Open the public hearing, accept public testimony, and close
the public hearing.
2. Determine that the modifications to the City's Zoning
Ordinance are categorically exempt pursuant to State CEQA
Guidelines Section 15061 (b) (3).
3. Adopt the attached resolution recommending to the City Council
adoption of an ordinance amending the Municipal Code Section
17.20.060 to delete the use of automobile service stations
with a Conditional Use Permit within the Industrial Park (M -1)
and Limited Industrial (M -2) zoning districts; and, delete
footnote "0" from Notes for Table 17.20.060.
Attachment: Resolution to the City Council
City Council Draft Ordinance
M1m2sr.pc 3
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK
RECM M;NG TO THE CITY COUNCIL ADOPTION OF AN ORDINAN(fE AMENDING
MUNICIPAL CODE SECTION 17.20.060 TO DELETE THE USE OF AUTOMOBILE
SERVICE STATIONS, WITH A CONDITIONAL USE PERMIT, IN THE INDUSTRIAL
PARK (M -1) AND LIMITED INDUSTRIAL (M -2) ZONING DISTRICTS
WHEREAS, at duly noticed public hearing on May 12, 1997,
the Planning Commission considered an amendment to the Municipal
Code Section 17.20.060, deleting the use of Automobile Service
Stations, with a Conditional Use Permit, in the Industrial Park (M-
1)and Limited Industrial (M -2) zoning districts; and, footnote "0"
in Notes for Table 17.22.060.
WHEREAS, at its meeting of May 12, 1997, the Planning
Commission opened the public hearing, took testimony from all those
wishing to testify and closed the public hearing; and
WHEREAS, the Planning Commission after review and
consideration of the information contained in the Staff Report
dated May 12, 1997 has reached a decision on this matter.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK,
CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to the provisions of the
California Environmental Quality Act and the requirements under
Section 15061 (b) (3) finds this item exempt.
SECTION 2. The Planning Commission adopts the
following findings:
1. That an automobile service station use would not be compatible
with existing and planned land uses in the Industrial zoning
districts due to additional traffic, hours of operation, and
potential conflicting land uses.
2. That the proposed use would be harmful and impair the utility
of Industrial properties or uses.
Mlm2pc.res 1
SECTION 3: Section 17.20.060 - Permitted Uses in
Commercial and Industrial Zones delete the use of Automobile
Service Stations from Conditionally allowed uses in the Industrial
Park (M -1) and Limited Industrial (M -2) zonigg districts; and,
delete footnote "9" under Notes for Tabl• 17.20.060.
Airfields and landing pads and strips, private
Airports
Amusement and recreational facilities (see definitions)
Amusement parks and carnivals
Arcades
Batting cages and golf driving ranges, indoor
Bicycle racing tracks, outdoor
Health club/gymnasium (see definitions)
Martial arts and dance studios
Motion picture theaters, outdoor (drive -in)
Racetracks (for motorized vehicles), shooting ranges and stadiums
Art galleries, museums and botanical gardens
Automobile service stations'
Banks and related financial offices and institutions
Bars, taverns and nightclubs'
Care facilities: For 7 or more persons' (see also H&SC and W &IC)
Day23
Intermediate and residential
Car washes, self - service or automatic
Cemeteries, columbaria and mausoleums
Crematoria, accessory
Churches, synagogues and other buildings used for religious worships
C2
CO C1 CPD M1 M2
O O
O
uu1
�7
O
O
O
PROHIBITED
•
• • a-9
O
• • •
O O
O
O • •
I
O
O
O
O
O
O
O
O
O
O
O
O O O
O O O
O O
Notes for Talk 171MG:
A4d= Avenue; Now Lee Angeles A
1. There are seer 8c mOdadM for fade use; see C7spaer 17.28.
2. Iftimnisonexisftploonodde wloptiaot permit for the site, the school facility could be permitted by approval
Of a modification tD the erirlkg permit
3. For M -1, M -2 and C-0 zones, a school facility would only be permitted where sponsored by or permitted within
an hxkUtnial or cooswreW use on the same site.
4. See also Section 17.20.040.
5. Churches locoed in existing buildings with an approved planned development permit will require a modification
to that permit.
6. If existing industrial builiing has approved MID, restaurant will require approved minor won to IPD.
7. Reststrrantss with tanagany outside eating facilities shall receive a modification to the planned development permit
8. Most public water facilities an exempt from that regulations.
(Ord. 209 13, 1995; Ord. 200 f 3 (part), 1994; Ord. 189 § 3 (8105 -5), 1994)
Mlm2pc.res 2
The action with the foregoing direction was approved by the
following roll call vote;
AYES:
NOES:
ABSTAIN:
ABSENT:
PASSED APPROVED AND ADOPTED THIS 12TH DAY OF MAY, 1997
ATTEST:
Celia LaFleur, Secretary
Mlm2pc.res
3
Chairman presiding:
r