HomeMy WebLinkAboutAGENDA REPORT 1997 1105 CC REG ITEM 09ATO:
FROM:
DATE:
CITY COUNCIL
AGENDA REPORT
The Honorable City Council
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Paul Porter, Principal Planner
Nelson Miller, Director of Community Developm
October 17, 1997 (CC Meeting of November 5, 1997)
SUBJECT: CONSIDER REQUEST BY MADELAINE SHENKEL AND BILL TANNER
FOR THE CITY COUNCIL TO APPROVE A TEMPORARY SPECIAL USE
PERMIT FOR A TEMPORARY TRUCK STORAGE AND SERVICE FACILITY
ON A 2.08 ACRE PARCEL LOCATED ON THE SOUTH SIDE OF LOS
ANGELES AVENUE WEST OF NOGALES AVENUE (APN 513 - 024 -105)
(CONTINUED FROM OCTOBER 15, 1997)
This application was continued due to potential concerns regarding
the applicability of conditions and the Temporary Special Use
Permit process to the requested application.
A Temporary Special Use Permit for a contractors storage and
service yard is recommended for approval subject to recommended
conditions of approval to comply with Code requirements and to
address safety and environmental issues.
On August 19, 1997, Appeal No. 97 -2 was filed by John Newton on
behalf of Bill Tanner and Madelaine Shenkel appealing the
determination by the Director of Community Development that a
Planned Development Permit, rather than a Temporary Special Use
Permit, was required for use of a M -2 zoned property for a
Contractor Service and Storage Yard on a 2.08 acre parcel located
on the south side of Los Angeles Avenue west of Nogales Avenue. On
September 3, 1997, the City Council sustained the applicants,
appeal, allowing a Temporary Special Use Permit to be considered
for the proposed use. The City Council also indicated by consensus
that this application would be deferred to the City Council for
action.
The Department of Community Development received a request for a
Temporary Special Use Permit from Mr. John W. Newton on September
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24, 1997 for Temporary Truck Parking on a portion of a 2.08 acre
parcel located on Los Angeles Avenue west of Nogales Avenue. The
letter indicates they propose temporary site improvements and will
consider other reasonable conditions (see Attachment No. 4). The
proposed temporary improvements include clean -up, chain link
fencing, a chemical toilet, security lighting, temporary surfacing
(decomposed granite or asphalt grindings), with limited truck
maintenance, and limited hours.
The proposed site for which the applicants are requesting approval
for the Temporary Special Use Permit is located on the south side
of Los Angeles Avenue, just east of the 23 Freeway overpass and
approximately 240 feet west of Nogales Avenue. It is currently
zoned Limited Industrial (M -2) and is within the one hundred year
flood plain. The site is currently unimproved and has considerable
vegetation.
Per Section 17.44.030A(1)c of the Municipal Code, Temporary Special
Use Permits are considered a discretionary permit which may be
conditioned so as to not be physically detrimental to the health,
safety, life or property of the applicants or the public. They are
for a temporary period of time (not to exceed ninety days), without
additional approvals. However, as discussed below, the proposed
use is likely to extend significantly longer than ninety days.
Therefore, Council may wish to consider review every ninety days
for compliance with conditions relating to operations and filing of
applications.
The applicants are currently operating in violation of City Codes
on a residentially designated property on the north side of Los
Angeles Avenue, just west of the 23 Freeway. That 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 having approximately a 100 foot topographic separation
(elevation) to adjacent rural residential properties located to the
north and west. The property has a General Plan Land Use
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Designation of "RH" (Rural High ldu. /5 acres minimum) and zoning of
RE -lac (Rural Exclusive, one acre minimum). Under Pre Application
96 -11, the applicants had requested permission to process a General
Plan Amendment and Zone Change on this property located at 13991
Los Angeles Avenue. The City Council considered this request on
April 16, 1997, but on May 7,1997, denied the request upon
reconsideration of the Council's original determination on the
basis that the applicants were operating in violation of the
Municipal Code on the property. The applicants want to relocate to
the property on the south side of Los Angeles Avenue in order to
correct their violations on the property at 13991 Los Angeles.
They have also requested City Council to authorize processing of a
General Plan Amendment and Zone Change for the property at 13991
Los Angeles Avenue once the violations are corrected. Pursuant to
the Municipal Code, a contractors service and storage yard, or
overnight truck storage, requires approval of a Planning Commission
approved planned development permit. Therefore, a planned
development permit would still be required for that property if the
General Plan and Zoning designations were changed to an industrial
designation. Pursuant to City Council policy, the development
permit cannot be considered until the General Plan and zoning are
approved by the City Council. Consideration of a General Plan
Amendment and Zone Change are likely to take four to six months to
process for consideration from receipt of a complete application,
if given a priority. However, there is currently a backlog of
applications in the Planning Division, including a number of other
General Plan Amendment applications already pending. A development
permit would be likely to take another three to four months to
process for consideration. Review of applications for completeness
and getting applicants to file all the necessary information,
studies, and materials may add a couple of more months to this
process. Therefore, it can be expected to take nine to twelve
months, or more, for a General Plan Amendment and Zone Change and
other necessary permits to be considered for use of the property at
13991 Los Angeles Avenue.
As part of a review process of permits, Section 17.36.010 of the
Municipal Code requires that potential impacts be evaluated,
including the following:
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* Biological Resources, including flora, fauna and
ecological system
* Circulation, including impacts on circulation systems,
traffic safety and emergency access
* Erosion and flood hazards
* Land - unique natural land features and natural resources
* Noise - increase in noise levels
* Vegetation impacts on unique native, ornamental or
agricultural plant populations
* The potential for water - degradation of quality or
reduction in supply as a result of a project
* Sewage Disposal
Public notice and mailed notice to surrounding property owners is
not provided for Temporary Special Use Permits.
The approved Street Improvement Plans for the Los Angeles Avenue
East street widening project, indicates a need to increase the
existing right -of -way to provide for an 88 foot wide right -of -way
along the project frontage (see Attachment 3) . Therefore, a
portion of the storage container area, the parking for the trucks
and the office trailer as shown on the plot plan encroaches in the
proposed right -of -way. The dedication of right -of -way is
recommended to be a condition of this permit. The right -of -way is
targeted to be obtained by June, 1998, for the widening project to
proceed. The Ordinance requires that uses be set back from
ultimate right -of -way on proposed four lane streets a minimum of 30
feet. However, for a temporary use, the City Council may allow a
lesser setback. Staff would recommend that at least a ten foot
setback from the ultimate right -of -way be provided. A condition
has been included requiring that the plot plan be revised to move
proposed uses a minimum of ten (10) feet behind the ultimate street
right -of -way, or two (2) feet behind any slope easement, whichever
is the greater setback.
This property is located adjacent to residential properties which
are located to the east of the property. The City has recently
received complaints from neighboring residences regarding noise
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created from other industrial uses along Los Angeles Avenue,
especially from the backing of trucks. Typically, the noise
intrusion happens early in the morning or after sunset. A petition
was received at the City Council meeting of September 17, 1997,
requesting that operating time be limited to between 7:00 a.m. and
7:00 p.m. for Monday- Saturday only for Calmat and Conejo Ready Mix,
primarily relating to noise from trucks. Due to the proximity of
residences to this proposed temporary use, it is recommended that
the hours of operation be limited from 7:00 a.m. to 7:00 p.m.
Monday through Saturday and that maintenance or repair of trucks
other than those specified in Mr. Newton's letter dated September
23, 1994 be prohibited. In addition, it is recommended that no
outdoor paging or intercom system be used on the site.
Pursuant to Section 17.36.050, outside storage and operations yards
are to be confined to the area to the rear of the building line
(behind the building setback) and shall be screened from view from
any street by appropriate walls fencing, earth mounds or
landscaping. If Council approved a reduced setback, such screening
would be at the reduced setback line (ten feet). A condition has
been included for the screening to be a solid wood fence since
chain link proposed by the applicants would not provide any
screening.
Section 17.32.030 stipulates that required parking areas be paved
with asphalt, concrete, or other material of similar rigidity and
durability and adequate drainage shall be provided. Paving would
also be a requirement of the National Pollutant Discharge
Elimination Standards which require that any storage areas approved
by the City shall be designed to eliminate the potential for runoff
to carry pollutants into the sewer system. The State of California
issued a National Pollutant Discharge Elimination System (NPDES)
permit covering all urban areas in Ventura County. One of the
requirements of the system is for jurisdictions to incorporate
storm water pollutant control consideration measures on projects so
as to control storm water pollution from other sources such as
industrial land use activities by controlling runoff, provide
oil /water separators so first flush of runoff can be directed into
them, or other types of control devices designed to remove
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petroleum compounds and grease or other pollutants.
The applicants have indicated parking for 19 trucks and 5
additional trailers and proposed installation of "truck crossing
signs ". Staff would recommend a condition requiring that the
applicants provide a study from a Traffic Engineer addressing
existing curve and an elevation differentials which may create
possible sight distance concerns and traffic impacts and that if
the Traffic Engineer or the City Engineer requires additional
measures to mitigate traffic hazards, the applicants provide them
prior to any use of the property on a temporary basis.
Typically temporary uses are categorically exempt from the
California Environmental Quality Act (CEQA), however Section
15300.2 of CEQA Guidelines specifies that where resources or
hazards are mapped, such uses may have significant impacts which
should be considered.
In this case, most of the site outside the proposed right -of -way is
within the 100 year flood plain. Therefore a condition is
recommended that all facilities and improvements comply with FEMA
recommendations for flood proofing and construction, which would
include special utility connections, anchoring of structures, and
design of footings for fences.
The area generally from just west of the 23 Freeway over crossing
east to the City limits has been identified as having significant
wetland and riparian habitats which support the Least Bell's Vireo,
a state and federally endangered bird. Therefore, a condition is
also recommended that a biological survey be completed and reviewed
by the City's consultants and that all recommendations resulting
from this study be complied with.
As previously discussed, these applicants have previously filed a
Pre - Application for a General Plan Amendment, an appeal of the
Community Development Director's decision, and an application for
this Temporary Special Use Permit. The filing fee for a Temporary
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Special Use Permit is normally only $43.00. Due to the previous
consideration, reconsideration, and Code Enforcement costs related
to the previous applications, and the number of issues relating to
the processing of the Application for Temporary Special Use Permit,
the costs staff have accrued are estimated at approximately $3500
in excess of deposits collected. The applicants have also
requested a refund of the fees for the appeal ( see Attachment 4).
A condition is recommended that prior to issuance of a Zoning
Clearance for use of the site, the applicants pay all outstanding
costs, pay a condition compliance deposit of $2500, and pay
deposits for the review of all required studies to be submitted by
the applicants (traffic and biological studies) . In addition, cash
deposits are typically required on Temporary Special Use Permits to
assure clean -up of the site, or removal of installations. It is
recommended that a $10,000 cash deposit be made to the City to
guarantee clean -up of the site and removal of facilities, which the
City could utilize at its discretion, if the applicants failed to
perform.
The applicants have also requested authorization for processing of
a General Plan Amendment and Zone Change for their property on the
north side of Los Angeles Avenue once they have corrected the
existing violations on that property. Council may wish to direct
staff to prepare a resolution of intention for Council
consideration of this request, subject to any prerequisites as
Council may direct.
Pursuant to Section 17.44.010A(1)c of the Code, Temporary Special
Use Permits shall not exceed ninety days without additional
approvals. However, as previously indicated, it is anticipated
that consideration of the necessary permits for use of their
property on the north side of Los Angeles Avenue may take one year,
or longer. Council may wish to review progress on filing and
processing of applications, and compliance with conditions every
ninety days and consider appropriate extensions. In the first
ninety days it is recommended that the applicants should complete
all conditions for authorization to utilize the site on the south
side of Los Angeles Avenue, with payment of all required costs and
deposits within two weeks of Council approval of the Temporary
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Special Use Permit, and filing of completed applications, including
all required studies for General Plan Amendment and Zone Change for
the property on the north side of Los Angeles Avenue, if authorized
by City Council.
1. Adopt the attached resolution conditionally approving a
Temporary Special Use Permit for temporary truck storage
facility on a 2.08 acre parcel located on the south side of
Los Angeles Avenue west of Nogales Avenue.
2. Direct staff to prepare a Resolution of Intention to authorize
acceptance of applications for General Plan Amendment and Zone
Change for the property on the north side of Los Angeles
Avenue subject to requirements as the Council may direct.
3. Deny the request for refund of costs of the appeal of the
Community Development Director's determination.
Attachments: 1.
2.
3.
4.
5.
Draft Resolution
Zoning and General Plan Maps
Street Widening Plans
Letter from John Newton dated September 23,
1997
Site Plan
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RESOLUTION NO 97-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK CALIFORNIA
APPROVING A TEMPORARY SPECIAL USE PERMIT FOR MADELAINE SHENKEL AND
BILL TANNER PERMITTING TEMPORARY TRUCK STORAGE AND SERVICE FACILITY
ON A 2.08 ACRE PARCEL LOCATED ON THE SOUTH SIDE OF LOS ANGELES
AVENUE WEST OF NOGALES AVENUE (APN 513 - 024 -105)
Whereas, on September 3, 1997, the City Council allowed a
Temporary Special Use Permit to be considered for the proposed use
and indicated by consensus that this application would be deferred
to the City Council for action; and
Whereas, the Department of Community Development received a
request for a Temporary Special Use Permit from Mr. John W. Newton
on September 24, 1997 for temporary truck storage facility; and
Whereas, on October 15, 1997, the City Council considered the
applicants' request for a Temporary Special Use Permit for
temporary truck storage on a 2.08 acre parcel located on the south
side of Los Angeles Avenue west of Nogales Avenue (APN 513 -024-
105) .
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. The Temporary Special Use Permit is categorically
exempt from CEQA requirements as a Class 4 exemption for minor
alterations to land, subject to compliance with the conditions of
approval and that there are no significant, unmitigated adverse
impacts identified by the required studies.
SECTION 2. The City Council conditionally approves a
Temporary Special Use Permit for temporary truck storage on a 2.08
acre parcel located on the south side of Los Angeles Avenue west of
Nogales Avenue (APN 513- 024 -105 subject to the following Conditions
of Approval:
1. That this permit is granted for a Temporary Special Use Permit
for a period of no more than 90 days for the storage of six
10' by 30' concrete mixers, three 10' by 30' pup trailers, ten
10' by 30' 10 wheel trucks, three 10' by 60' semi - trailers
with tractor, two 10' by 40' trailers and one 10' by 20'
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office trailer only. Any extension of time or modifications
to the site plan or permit shall require a modification to the
permit to be filed by the applicants for review and approval
by the City Council. Maintenance shall be limited to only
checking and filling of fluid levels, minor change of
electrical, belts and hoses, and flat tire replacement. Hours
of operation for all activities shall be limited to Monday
through Saturday from 7:00 a.m. to 7:00 p.m.
The final site plan shall be modified as required by the
conditions of approval of this permit and shall be subject to
the approval of the Director of Community Development.
2. All uses and outside storage shall be screened from view from
the street, or any occupied property by an eight(8) foot high
solid wood fence as approved by the Director of Community
Development.
3. All vehicle parking, storage, and driveway areas, or areas
designated for oil /fluid changes shall be paved and approved
by the City Engineer and Community Development Director for
compliance with NPDES requirements and shall be designed to
eliminate the potential for runoff of contact pollutants.
4. Prior to any occupancy of the site, the right -of -way and slope
easements for the Los Angeles Avenue East Street Improvement
Project shall be dedicated consistent with the alignment,
width, and improvements approved on June 5, 1996, and the
preliminary design for street improvements, right -of -way
acquisition, and slope easements approved on September 3,
1997.
5. The plot plan shall be revised so as to have all truck storage
areas, fencing, and other temporary improvements relocated to
be confined to the area a minimum of ten (10) feet behind the
ultimate street right -of -way, or two (2) feet behind any slope
easement, whichever is the greater setback from the proposed
right -of -way of Los Angeles.
6. Within thirty days after expiration of this permit, or
abandonment of the use, all structures and materials shall be
removed from the site. A $10,000 cash deposit shall be
deposited with the City to guarantee performance and which may
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be used by the City to offset any costs related to assure
compliance.
7. The development, design, operation, and maintenance of the
permit area and facilities is subject to all applicable
regulations of the M -2 Zone and all applicable requirements of
any law or agency of the State, City of Moorpark and any other
governmental entity shall be met, and all such requirements
and enactments shall, by reference, become conditions of this
entitlement.
8. All facilities and uses other than those specifically
requested in the application and approved are prohibited
unless an application for a modification has been approved by
the City Council.
9. Within two weeks of Council approval of the Temporary Special
Use Permit, applicants shall pay all outstanding costs
incurred by the City related to processing this permit, as
well as other outstanding balances for processing of previous
permits and related code enforcement costs, and applicants
shall also make a $2500 deposit for condition compliance
costs. If all required costs and deposits are not made within
two weeks, this approval shall automatically become null and
void.
10. No conditions of this entitlement shall be interpreted as
permitting or requiring any violation of law or any unlawful
rules or regulations or orders of an authorized governmental
agency. In instances where more than one set of rules apply,
the stricter ones shall take precedence.
11. If any of the conditions or limitations of this permit are
held to be invalid, that holding shall not invalidate any of
the remaining conditions or limitations set forth.
12. The permittee agrees as a condition of issuance and use of
this permit to defend, at his sole expense, any action brought
against the City because of issuance (or renewal) of this
permit or in the alternative to relinquish this permit.
Permittee will reimburse the City for any court costs and /or
attorney's fees which the City may be required by the court to
pay as a result of any such action. The City may, at its sole
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discretion, participate in the defense of any such action, but
such participation shall not relieve permittee of his
obligation under this condition.
13. Prior to any occupancy of the site, or any alteration of the
site, the applicants, or the owner's representative shall
apply for a Zoning Clearance from the Community Development
Department for review of compliance with all conditions of
approval and shall obtain all permits required by Building and
Safety and any other permits required by any other agency.
14. Prior to the issuance of a Zoning Clearance for initiation of
the use, or any alteration of the site, the applicants shall
submit for review and approval a biological survey from a
qualified biologist inventorying the site and identifying any
sensitive, threatened, or endangered plants or biological
resources and indicating any recommended mitigation measures.
Applicants shall also make deposit for review of the study by
City consultants and comply with all recommended mitigation
measures.
15. Prior to the issuance of a Zoning Clearance for the initiation
of the Temporary Special Use Permit, the applicants shall
submit for review and approval a traffic study from a
Registered Traffic Engineer addressing any appropriate
remedial action for traffic and sight distance concerns
Applicants shall also make deposit for review of the study by
City consultants and comply with all recommended mitigation
measures.
16. For all exterior lighting, a lighting plan shall be prepared
by an electrical engineer registered in the State of
California and submitted to the Department of Community
Development and Building and Safety Division for review and
approval. The lighting plan shall achieve the following
objectives: Avoid interferences with reasonable use of
adjoining properties; minimize on -site and off -site glare;
provide adequate on -site lighting; limit height to avoid
excessive illumination; and provide structures which are
compatible with the total design of the proposed facility.
The lighting plan shall include the following:
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A photometric plan showing a point -by -point foot candle layout
to extend a minimum of twenty (20) feet outside the property
lines. Layout plan to be based on a ten (10) foot grid center.
Maximum overall height of fixtures shall be twenty (20) feet.
Fixtures must possess sharp cut -off qualities with a maximum
of one -half foot candle illumination at property lines.
There shall be no more than a seven -to -one (7:1) ratio of
level of illumination shown (maximum -to- minimum ratio between
lighting standards).
Energy efficient lighting fixtures shall be provided which are
compatible with adjacent properties.
Average maximum of one -half foot candle illumination.
No light shall be emitted above the 90 degree or horizontal
plane.
17. The Director of Community Development may declare that this
site is a "public nuisance" if the permit is not in compliance
with the conditions of approval, or for some other just cause.
The applicants shall be liable to the City for any and all
costs and expenses to the City involved in thereafter abating
the nuisance and in obtaining compliance with the conditions
of approval or applicable codes. If the applicants fail to pay
all City costs related to this action, the City may enact
special assessment proceedings against the parcel of land upon
which the nuisance existed (Moorpark Municipal Code Section
1.12.080)
18. The continued maintenance of the permit area and facilities
shall be subject to periodic inspection by the City. The
permittee shall be required to remedy any defects in ground
maintenance, as indicated by the Code Enforcement Officer
within thirty (30) days after notification.
19. The applicants and successors, heirs, and assigns shall remove
any graffiti within five (5) days from written notification by
the City of Moorpark. All such graffiti removal shall be
accomplished to the satisfaction of the Director of Community
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Development.
20. All facilities and improvements shall be submitted to the
Director of Community Development and Building and Safety
Division for review and compliance with FEMA recommendations
for flood proofing and construction, which would include
special utility connections, special anchoring of structures,
and design of footings for fences and any other structure.
All appropriate fees and permits shall also be submitted for
such review and approval.
21. Applicants shall provide evidence of regular maintenance and
dumping of any on -site chemical toilets.
22. The noise level at any property line adjacent to residential
uses shall not exceed SS dbA. No outdoor paging or intercom
systems shall be allowed on the site.
SECTION 3. That the City Clerk shall certify to the passage
and adoption of this resolution.
PASSED, APPROVED, AND ADOPTED THIS DAY OF , 1997.
AYES:
NOES:
Mayor
ATTEST:
City Clerk
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RIGHT OF WAY PLANS
John W. Newton & Associates, Inc.
JDzofeiiionat comiultants,
165 High St., Suite 103
Post Office Box 471
Moorpark, California 93021
September 23, 1997
Nelson Miller
Director, Community Development
799 Moorpark Avenue
Moorpark, California 93021
Re: Temporary Special Use Permit
TRUCK PARKING
14250 Los Angeles Avenue
APN: 513 - 024 -105
Dear Mr. Miller:
Telephone (805) 378 -0073
Fax No. (805) 378 -0080
Pursuant to direction of the City Council this letter is transmitted
with a Zoning Clearance application for Temporary Truck Parking on a portion
of APN: 513 - 024 -105, a 2.08 acre parcel on the south side of L.A. Avenue
west of Nogales Avenue. Six (6) copies of a detailed Site Plan are enclosed.
The property is zoned "M -2" Limited Industrial which allows truck
parking as a principally permitted use. The portion of the property
proposed for temporary use is out of the flow way of the Arroyo Simi but
is within the 100 year storm flood plain, as are the adjacent properties
east and west of this location. The portion of the property proposed for
temporary use is the NW quadrant which is higher in elevation and has no
evidence of erosion due to storm flows either from the Arroyo Simi on the
south or the tributory flow way along the east boundary. This existing,
useable area is approximately .75 acres.
The area of the property which is in the flow way, south and east,
and which contains considerable willow growth and other vegetation is not
a part of the proposed use area.
The applicants propose the following temporary site improvements at
a minimum, and will consider any other reasonable conditions appropriate to
the short term, temporary truck parking use:
1. Clean up, including brush & vegetation along fence frontage
west to freeway overpass (for sight distance).
2. Fence perimeter of parking area.
3. Chemical Toilet.
REAL ESTATE BROKERAGE MINERAL REAL ESTATE DEVELOPMENT
Commercial • Industrial • Land RESOURCE Engineering r* Land Division • Permits
Residential Relocation ATTw�F�� MT 4 Pla " "anQ L " 6
3
Nelson Miller
September 23, 1997
Page 2
4. Bottled water.
5. Telephone.
6. Shielded, security lighting.
7. "Truck Crossing" warning signs, 200' east and west of
entrance.
8. Hours of operation limited to "daylight ", Monday- Saturday.
9. Maintenance limited to driver type: oil, water, fluid levels,
minor electrical, belts, hoses and flat tire repair /replacement.
10. Temporary surface with asphalt grindings or decomposed
granite for dust control.
Please schedule this application for the next available City Council
agenda, per the Council's request. Also, as a part of the City Council
review of this TSUP, please provide the necessary information, in action
form, for the Council to authorize the processing of the applicants' GPA /ZC
request on their property at 13991 Los Angeles Avenue upon staff verification
that the applicants' trucks have been moved from the subject property to the
temporary use site.
Finally, per City Council action of September 3, 1997 please refund the
$344.00 appeal fee previously required of the applicants.
Thank you.
cc: Bill Tanner and Madelaine Shenkel
Don Hartman
rds,
G�
W. Newton
Applicants' Representative
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John W. Newton & Associates, Inc.
�co fe�slona� �onsu�tants
165 High St., Suite 103
Post Office Box 471
Moorpark, California 93021
Telephone (805) 378 -0073
Fax No. (805) 378 -0080
November 5, 1997
City Council
799 Moorpark Avenue
Moorpark, California 93021
Re: Madelaine Shenkel and Bill Tanner
Temporary Special Use Permit
S /Los Angeles Avenue, E /SR- 23/118 Connector
ITEM 9.A.
WITHDRAW FROM CONSIDERATION
Mayor and Members of the Council:
The above - referenced applicants have directed me to withdraw their
request for a TSUP for Temporary Truck Parking on "M -2" Industrially Zoned
property, a portion of APN: 513 - 024 -105, also known as 14250 Los Angeles
Avenue.
The applicants thank the Council for upholding their appeal of the
Director's refusal to issue a Zoning Clearance, on September 3, 1997.
However, staff has now disregarded the City Council's explicit direction
to issue the Zoning Clearance /TSUP by authoring a staff report designed to
"kill" the project. Worse yet, the public dissemination of this staff report
has fueled flames of political discontent to the degree that facts, or reason,
cannot possibly prevail. Neighbors to the east in Virginia Colony have read
misinformation and misrepresentation in the staff report, deliberately
designed to excite the process. Even if the applicants were to provide
factual responses to correct the staff report, and to demonstrate that the
TSUP could issue under the reasonable conditions outlined in their September
23, 1997 Zoning Clearance filing, following your Council's unanimous support
of the appeal; the perception would remain now that the applicants, and
the City, don't care about the neighbors.
Nothing could be farther from the truth. Of the 19 employees of
Tanner and Shenkel, many have friends or relatives in Virginia Colony. The
unfortunate results of the inappropriate, and incompetent staff report are
that some perceive project impacts to Colony residents — None would occur.
I personally have invested much time and effort over the years in procuring
improvements to the public facilities in Virginia Colony, in particular the
Happy Camp Canyon Drain, and have actively pursued and supported other
REAL ESTATE BROKERAGE MINERAL REAL ESTATE DEVELOPMENT
Commercial • Industrial • Land RESOURCE Engineering • Land Division • Permits
Residential Relocation DEVELOPMENT Planning • Zoning
City Council
November 5, 1997
Page 2
improvements and enhancements to this neighborhood since 1975. The City
has been very diligent in causing improvements and upgrades to this area,
one of the oldest tax paying neighborhoods in our City. I would never
advocate any project that would directly harm residents or negatively
affect their property, and neither would Madelaine Shenkel or Bill Tanner.
A travesty of justice has occurred here. It no longer matters that it
can be demonstrated that the TSUP can be appropriately issued on this
properly zoned property. Your City Council would be forever condemned for
doing so, and the applicants would be hounded during their occupancy. And
the applicants are confused and beat up. The recommendation is to a
the TSUP, yet it is conditioned to death so that it could never be impleove
mented. The staff effort should have been to assist your Council in
implementing the TSUP, as you directed, not to try to subvert your objec-
tives by placing you in the impossible political circumstances now before us.
We all are aware that Temporary Special Use Permits cannot be legally
conditioned by the City. They are for special circumstances such as this,
and usually applicants offer to provide temporary improvements to reduce any
Possible impacts, thereby entering an enforceable, contractual relationship
with the City. The staff report and proposed conditions are inappropriately
and illegally proposed. Objective public service professionals cannot allow
personal bias to so cloud their work as to reach beyond their authority, or
the law. This report proposes to set policy as well. Who is running the
City? Or, as one Councilman was recently quoted: "This is out of control."
Yes it is. The authors and authorizers of the Item 9.A. (and the October
15, 1997 Item 9.C.) staff reports should be the subjects of personnel action.
I will personally respond to an investigative inquiry regarding the errors,
ommissions and deliberate misrepresentations in the reports. For example:
The proposed use area is not in the flood plain; has been previously used
for similar uses; was a staging area for Caltrans during the SR- 23/118
Connector construction; and, would not affect the vegetation in the flowway.
The TSUP is categorically exempt from CEQA and therefore would not be subject
to the extensive "review requirements" listed. The process could be expe-
dited by concurrent filings (GPAjZC /IPD) utilizing the current "deemed
incomplete until rezoning" policy which could result in a 4 -6 month time -
frame for temporary use. The Los Angeles Avenue Relinquishment /Widening
project is funded and proceeding. It is inappropriate and illegal under the
TSUP process to attempt to secure dedication of ROW for the road improvement
project. The fees proposed are inappropriate to the application and beyond
reason for a TSUP.
REQUEST FOR CONSIDERATION
1. Recognize that the TSUP can be issued, but withdraw the Zoning
City Council
November 5, 1997
Page 3
Clearance /TSUP application dated September 23, 1997, at the
applicant's request.
2. Allow the applicants to remain on their own property, accepting
the GPA /ZC /IPD application as a means of "
per Code Section 17.44.040.B. abating the violation"
(attached).
3. Or, recognize that the applicants will be required to relocate
their business out of town, as soon as a suitable site can be
located, to the detriment of Moorpark, T & S employees and employee
families.
All of this needs closure. What is paramount, in my opinion, is that
people and businesses need to feel that City efforts are geared to helping
well- meaning, although misguided efforts, We cannot, as a communit
a conclusion that: ..if you try to work with the City,
, allow
by uncaring, regulatory bureaucrats." If the You
i be allowed
to be proven true: "...do what you want, and try not to get caught ", we end
up promoting intentional non - compliance rather than
of our town. compliance for the good
Tanner and Shenkel voluntarily approached the City with their dilemna,
before they moved, and tried to get their GPA /ZC screening acted upon for
4 months before any member of the public knew they were on their property
on Los Angeles Avenue. Your Council recognized the well - intentions but
perhaps poor judgement on their part when it authorized the GPA /ZC screening
on April 16, 1997 per Code Section 17.44.040.B. In my humble opinion, the
Council should, under these extenuating circumstances, return to that
original action and retain this business in Moorpark.
Thank you for your thoughtful and reasoned consideration.
S rely
John W. Newton
Applicant's Representative
Attachments
cc: Madelaine Shenkel /Bill Tanner
FRO' -1 °.002
e
MOORPARK
2 ° °
° a 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
April 21, 1997
MaClelaine Slici-1kel /Dill Tanner
4875 Sprinq Road
MoorYdik, CA. 93021
SUBJECT: CITY COUNCIL AUTHORIZATION FOR APPLICANT TO INITIATE
AND STAFF TO ACCEPT AN APPLICATION FOR 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 MINIf+IUTM) TO 111-2" (MEDIUM INDUSTRIAL) AND ZONE
CHANGE FROM RE -1 ACRE (RURAL EXCLUSIVE 1 ACRE MINIMUM)
TO M -2 (LIMITED INDUSTRIAL)
Dcai Ms. Chenlccl /Mr. Tanner:
The purpose of this letter is to inform you that on April 16,
1997, the city Council took action to authorize the applicant to
initiate and staff to accept, an applicativa for General Plan
Amendment to change the Land Use IL'Utt1 tL0111 "Rli" (Rural high
lou. /b Acres Minimum) to 11I -211 (Medium Industrial) and Zonc
Change from RE -1 Acre (Rural Exclusive 1 Acre Minimum) to M -2
(Limited Industrial).
If you have any questions, pleas give me a call at (805) 529 -
6864, extension 243. Thanlc you.
;Sincerely yours,
Paul Porter
Scnior Planner
CC. Stcvcn kucny, City Manager
Nelson Millec•, DILeC:Wr of Community Development
Case Filc
C11ron. File
structures or building construction has commenced and
is being diligently pursued.
C. Variances. Variances are adjustments in the regula-
tions contained in this title. Variances are based on discre-
tionary decisions and may be granted to allow deviations
from ordinance regulations governing such development
factors as setbacks, height, lot coverage, lot area and width,
signs, off - street parking, landscaping and wall, fencing and
screening standards. Variances shall be processed in accor-
dance with the provisions of this chapter. Variances may
not be granted to authorize a use or activity which is not
otherwise expressly authorized by the zone regulations
governing the property. Except as provided in subsection
(C)(5) of this section, variance requests shall be heard by
the planning commission through a public hearing process.
1. Purpose. The sole purpose of any variance shall
be to enable a property owner to make reasonable use of
his or her property in the manner in which other property
of like character in the same vicinity and zone can be used.
For the purposes of this section, vicinity includes both
incorporated and unincorporated areas if the property in
question is within a one thousand (1,000) foot area outside
of the city's boundary.
2. Standards for Variances. Before any variance may
be granted, the applicant must establish, and the decision -
making 'authority must determine, that all of the following
standards are met:
a. ° That there are special circumstances or exceptional
characteristics applicable to the subject property with regard
to size, shape, topography, location or surroundings, which
do not apply generally to comparable properties in the same
vicinity and zone; and :
b. Than granting the requested 'variance will not confer
a special privilege inconsistent with the limitations uaon
17.44.030
4. Duration. Any variance is considered to run with the
land. An expiration date may be imposed at the time the
variance is granted.
5. Administrative Variance by Director of Community
Development Approval. A request for a minor variance
from certain types of zoning regulations may be approved
by the director of community development as an adminis-
trative variance, if the standards of subsection (C)(2) of
this section are met. An administrative variance may be
granted through an administrative hearing process, only
in the following situations:
a. To allow a decrease not exceeding twenty percent
(20 %) in required minimum setbacks;
b. To allow a decrease not exceeding ten percent (10%)
in required parking aisle width or similar dimensional
requirements;
c. To allow walls, fences or hedges to exceed the
height limit regulations by a maximum of one (1) foot it
setback areas, except in a required sight triangle;
d.. To allow an increase not exceeding ten percen
(10 %) for maximum building coverage, or sign area o
height. (Ord. 196 § 3 (part), 1994; Ord. 189 § 3 (8111 -2)
1994)
17.44.040: Filing and processing of application
requests.
A. Submission of Applications. An application for
permit or variance may be filed by the owner of the proper
ty or his/her authorized agent, a lessee who holds a lea:
whose. terms permit the use applied for, or by any du
constituted government authority or agent thereof. Su(
application requests shall be filed with the department o
community development. No application request shall 1
accented for filing and nrocessing unless it nnnfornmc