HomeMy WebLinkAboutAGENDA REPORT 2018 0905 CCSA REG ITEM 11ACITY OF MOORPARK,
CALIFORNIA
City Council Meeting
of 09.05.2018
ACTION Adopted Ord. No. 263
BY M. Benson
A. Consider Adopting Ordinance No. 463 Approving Zoning Ordinance
Amendment No. 2018-02, an Amendment to Chapters 17.08 (Definitions),
17.20 (Uses by Zone), 17.24 (Development Requirements), 17.28
(Standards for Specific Uses), and 17.44 (Application Review Procedures)
of Title 17 (Zoning) of the Moorpark Municipal Code to Address Accessory
Dwelling Units, Marijuana-Related Uses, Standards for Residential Roof
Replacements Adjacent to Arterial Roads, Allowed Uses on Land
Developed with Overhead Electrical Utilities, Outdoor Storage in an
Industrial Park Zone, and Permit Approval Expiration, Time Extensions
and Discontinuance of Use and Determining that this Action is Exempt
from the California Environmental Quality Act. Staff Recommendation:
Waive full reading, declare Ordinance No. 463 read for the second time,
and adopted as read. ROLL CALL VOTE REQUIRED
Item: 11.A.
ORDINANCE NO. 463
AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA,
APPROVING ZONING ORDINANCE AMENDMENT NO. 2018-02, AN
AMENDMENT TO CHAPTERS 17.08 (DEFINITIONS), 17.20 (USES BY
ZONE), 17.24 (DEVELOPMENT REQUIREMENTS), 17.28 (STANDARDS
FOR SPECIFIC USES), AND 17.44 (APPLICATION REVIEW
PROCEDURES) OF TITLE 17 (ZONING) OF THE MOORPARK
MUNICIPAL CODE TO ADDRESS ACCESSORY DWELLING UNITS,
MARIJUANA-RELATED USES, STANDARDS FOR RESIDENTIAL ROOF
REPLACEMENTS ADJACENT TO ARTERIAL ROADS, ALLOWED USES
ON LAND DEVELOPED WITH OVERHEAD ELECTRICAL UTILITIES,
OUTDOOR STORAGE IN AN INDUSTRIAL PARK ZONE, AND PERMIT
APPROVAL EXPIRATION, TIME EXTENSIONS AND
DISCONTINUANCE OF USE AND DETERMINING THAT THIS ACTION
IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, On February 7, 2018, the City Council adopted Resolution No. 2018-
3674, directing the Planning Commission to study, hold a public hearing, and provide a
recommendation on a Zoning Ordinance Amendment to address accessory dwelling
units, marijuana-related uses, standards for residential roof replacements adjacent to
arterial roads, allowed uses on land developed with overhead electrical utilities, outdoor
storage in an industrial park zone, and permit approval expiration, time extensions and
discontinuance of use: and
WHEREAS, at duly noticed public hearing on July 24, 2018, the Planning
Commission considered Zoning Ordinance Amendment No. 2018-02, an amendment to
Chapters 17.08 (Definitions), 17.20 (Uses by Zone), 17.24 (Development
Requirements), 17.28 (Standards for Specific Uses), and 17.44 (Application Review
Procedures) of Title 17 (Zoning) of the Moorpark Municipal Code to address accessory
dwelling units, marijuana-related uses, standards for residential roof replacements
adjacent to arterial roads, allowed uses on land developed with overhead electrical
utilities, outdoor storage in an industrial park zone, and permit approval expiration, time
extensions and discontinuance of use; and
WHEREAS, at its meeting of July 24, 2018, the Planning Commission considered
the agenda report and any supplements thereto and written public comments, opened
the public hearing and took and considered public testimony both for and against the
proposal, closed the public hearing, and after discussion, adopted Resolution No. PC-
2018-628, recommending approval of Zoning Ordinance Amendment No. 2018-02; and
WHEREAS, at a duly noticed public hearing on August 15, 2018, the City Council
considered Zoning Ordinance Amendment No. 2018-02, opened the public hearing and
took and considered public testimony both for and against the proposal, closed the
public hearing, and discussed and reached a decision on this matter; and
Item: 11.A.
464
Ordinance No. 463
Page 2
WHEREAS, the Community Development Director determined that this project is
statutorily exempt from the provisions of the California Environmental Quality Act
pursuant to Section 15061 of the California Code of Regulations (CEQA Guidelines) in
that there would not be a physical change to any existing land uses in Moorpark as a
result of this ordinance, as this ordinance does not authorize any additional uses.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DETERMINATION: The City Council
concurs with the determination of the Community Development Director that this project
is statutorily exempt from the provisions of the California Environmental Quality Act
pursuant to Section 15061 of the California Code of Regulations (CEQA Guidelines), in
that there would not be a physical change to any existing land uses in Moorpark as a
result of this ordinance, as this ordinance does not authorize any additional uses. No
further environmental documentation is required.
SECTION 2. The City Council hereby approves Zoning Ordinance
Amendment No. 2018-02, which amends Chapters 17.08 (Definitions), 17.20 (Uses by
Zone), 17.24 (Development Requirements), 17.28 (Standards for Specific Uses), and
17.44 (Application Review Procedures) of Title 17 (Zoning) of the Moorpark Municipal
Code to address accessory dwelling units, marijuana-related uses, standards for
residential roof replacements adjacent to arterial roads, allowed uses on land developed
with overhead electrical utilities, outdoor storage in an industrial park zone, and permit
approval expiration, time extensions and discontinuance of use, as shown in Exhibit A
attached.
SECTION 3. If any section, subsection, sentence, clause, phrase, part or
portion of this ordinance is for any reason held to be invalid or unconstitutional by any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council declares that it would have
adopted this ordinance and each section, subsection, sentence, clause, phrase, part or
portion thereof, irrespective of the fact that any one or more section, subsections,
sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional.
SECTION 4. This ordinance shall become effective thirty (30) days after its
passage and adoption.
SECTION 5. The City Clerk shall certify to the passage and adoption of this
ordinance; shall enter the same in the book of original ordinances of said City; shall make
a written record of the passage and adoption thereof in the minutes of the proceedings of
the City Council at which the same is passed and adopted; and shall publish notice of
adoption in the manner required by law.
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Ordinance No. 463
Page 3
SECTION 6. The City Clerk shall submit a copy of the ordinance to the
Department of Housing and Community Development within 60 days after adoption for
review and comment.
PASSED, AND ADOPTED this 5th day of September, 2018.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Exhibit A – Zoning Ordinance Amendment No. 2018-02
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Ordinance No. 463
Page 4
EXHIBIT A
ZONING ORDINANCE AMENDMENT NO. 2018-02
AMENDMENT TO CHAPTERS 17.08 (DEFINITIONS), 17.20
(USES BY ZONE), 17.24 (DEVELOPMENT REQUIREMENTS),
17.28 (STANDARDS FOR SPECIFIC USES), AND 17.44
(APPLICATION REVIEW PROCEDURES) OF TITLE 17 (ZONING)
OF THE MOORPARK MUNICIPAL CODE
Section 17.08.010 (Application of definitions) of Chapter 17.08 (Definitions) of Title 17
(Zoning) is amended by adding new definitions as follows:
17.08 DEFINITIONS
17.08.010 Application of definitions.
“Cannabis” means all parts of the plant Cannabis sativa Linaeus, Cannabis indica, or
Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude
or purified, extracted from any part of the plant; and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant, its seeds or resin. “Cannabis” also
means the separated resin, whether crude or purified, obtained from cannabis. It does
not include either of the following:
(a) Industrial hemp, or
(b) The mature stalks of the plant, fiber produced from the stalks, oil or cake
made from the seeds of the plant, any other compound, manufacture, salt, derivative,
mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber,
oil, or cake, or the sterilized seed of the plant which is incapable of germination.
“Commercial cannabis activity” includes the cultivation, possession, manufacture,
distribution, processing, storing, laboratory testing, packaging, labeling, transportation,
delivery or sale of cannabis and cannabis products, and includes the activities of any
business licensed by the State under Division 10 of the Business and Professions
Code.
“Industrial hemp” means a fiber or oilseed crop, or both, that is limited to types of t he
plant Cannabis sativa L. having no more than three-tenths of 1 percent
467
Ordinance No. 463
Page 5
tetrahydrocannabinol (THC) contained in the dried flowering tops, whether growing or
not; the seeds of the plant; the resin extracted from any part of the plant; and every
compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds
or resin produced therefrom.
Nos. 7 and 9 in Section A. Agricultural Uses (minimum lot size of 5 acres required) and
Nos. 16 and 17 in Section D. Accessory and Miscellaneous Uses of Table 17.20.050 in
Section 17.20.050 (Permitted Uses in Open Space, Agricultural, Residential, and
Special Purpose Zones) are amended as follows:
17.20 USES BY ZONE
17.20.050 Permitted uses in open space, agricultural, residential and special
purpose zones.
Table 17.20.050
PERMITTED USES IN OPEN SPACE, AGRICULTURAL,
RESIDENTIAL, AND SPECIAL PURPOSE ZONES
[Blank] = Not permitted
AP = Administrative Permit
CUP = Conditional Use Permit
NZC = No Zoning Clearance required
TUP = Temporary Use Permit
ZC = Permitted by Zoning Clearance
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Ordinance No. 463
Page 6
Zones O-S A-E R-A R-E R-O R-1 R-2 RPD
RPD
20U-N-D TPD
A. Agricultural Uses
(minimum lot size of
5 acres required)
7. Wholesale
nurseries, tree farms
and ornamental
plant farms including
container plants.
Retail sales shall be
limited to the
requirements of
Chapter 17.28
*Only allowed in
these zones when
within overhead
electrical utility
corridors.
AP AP AP AP AP*
9. Commercial
cultivation of
marijuana or
medical marijuana
cannabis activity
except as provided
in Table 17.20.050
(D) (16) and (17)
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Ordinance No. 463
Page 7
Zones O-S A-E R-A R-E R-O R-1 R-2 RPD
RPD
20U-N-D TPD
D. Accessory and
Miscellaneous Uses
16. Delivery of
marijuana or
medical marijuana
adult use or
medicinal cannabis,
including, but not
limited to, deliveries
from mobile
marijuana
dispensaries and
mobile medical
marijuana
dispensaries, except
for deliveries of
medicinal cannabis
from a patient’s
primary caregiver to
a qualified patient,
as those terms are
defined in state law,
and transporting
cannabis through
the jurisdictional
limits of the city for
delivery to a person
located outside the
city, where such
transport does not
involve delivery
within the
jurisdictional limits of
the city.
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Ordinance No. 463
Page 8
17. Indoor personal
cultivation of
marijuana or
medical marijuana
cannabis of up to six
(6) plants per private
residence when
consistent with
Health and Safety
Code Section
11362.2 for
marijuana or Health
and Safety Code
Section 11362.77
for medical
marijuana (Outdoor
personal cultivation
of marijuana or
medical marijuana
cannabis is
prohibited).
NZC NZC NZC NZC NZC NZC NZC NZC NZC NZC
No. 10 in Section A. Retail and Service Uses and No. 4 in Section D. Manufacturing,
Assembly, Distribution, and Warehousing Uses of Table 17.20.060 in Section 17.20.060
(Permitted Uses in Commercial and Industrial Zones) are amended as follows:
17.20 USES BY ZONE
17.20.050 Permitted uses in open space, agricultural, residential and special
purpose zones.
Table 17.20.050
PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES
[Blank] = Not permitted
AP = Administrative Permit
CUP = Conditional Use Permit
NZC = No Zoning Clearance required
TUP = Temporary Use Permit
ZC = Permitted by Zoning Clearance
471
Ordinance No. 463
Page 9
Zones C-O C-1
CPD
C-2
C-
OT M-1 M-2 I
A. Retail and Service Uses
10. Marijuana (cannabis and all parts of that
plant) dispensaries and medical marijuana
(cannabis and all parts of that plant)
dispensaries including any site, facility,
location, mobile dispensary, use,
cooperative or business which distributes,
sells, exchanges, processes, stores,
delivers, gives away, or cultivates
marijuana, including marijuana for medical
purposes to qualified patients, health care
providers, patients’ primary caregivers, or
physicians pursuant to Proposition 215,
Health and Safety Code Section 11362.5 et
seq., or any state regulations adopted in
furtherance thereof Commercial cannabis
activity
D. Manufacturing, Assembly, Distribution,
and Warehousing Uses
5. Outdoor storage when in conjunction with
a city approved use and when all storage is
screened by an eight (8) foot high masonry
wall architecturally matched to the structure
(*if within one hundred [100] feet of a
residentially zoned property a conditional
use permit is required).
CUP AP* AP*
No. 4 is added to Section C. (Miscellaneous.) of Section 17.24.025 (Open space,
agriculture, and residential property development standards – Additional requirements.)
of Chapter 17.24 (Development Requirements) of Title 17 (Zoning) as follows:
17.24 DEVELOPMENT REQUIREMENTS
17.24.025 Open Space, agriculture, and residential property development
standards – Additional requirements.
C. Miscellaneous
4. Residential Roof Replacement. Existing concrete or clay tile roofs on homes
Located on properties abutting arterial roads as shown in the circulation element of the
general plan may only be replaced with roofing of a color and material compatible with
neighborhood as determined by community development director.
Subsections a. b. and h. and l.(i) of No. 1.(Standards and Requirements) of Section G.
(Accessory Dwelling Unit.) of Section 17.28.020 (Standards related to dwellings.) of
472
Ordinance No. 463
Page 10
Chapter 17.28 (Standards for Specific Uses) of Title 17 (Zoning) are amended as
follows:
17.28 STANDARDS FOR SPECIFIC USES
17.28.020 Standards related to dwellings.
G. Accessory Dwelling Unit.
1. Standards and Requirements. An accessory dwelling unit (ADU) as defined in
Section 17.08.010 of this title, requires approval of a zoning clearance, and compliance
with all of the following standards and requirements:
a. An ADU is only permitted on a residentially zoned lot that has one (1) existing single-
family dwelling, and the lot conforms to the minimum lot width, depth and size of the
zone in which it is located. Construction of the single-family dwelling and ADU may
occur concurrently, but the single-family dwelling must be completed before the ADU
may be occupied.
b. The existing single-family dwelling must be owner-occupied at the time of application
for a zoning clearance and building permit for the construction of an ADU. Once the
ADU is constructed, the property owner must occupy either the primary residence or the
ADU. A covenant shall be recorded in the county clerk’s office declaring that the
property owner must occupy either the primary residence or the ADU.
h. The minimum front yard setback and street side yard setback for an ADU is the same
as the underlying zone or the requirements of an approved residential planned
development (RPD) permit, whichever is applicable to the lot. The minimum interior side
yard setback and rear yard setback for an ADU is five (5) feet. An ADU that is
constructed above an existing garage must have a minimum setback of five (5) feet
from the side and rear lot lines. No minimum zoning setback is required for an existing
garage that is converted to an ADU or a portion of an ADU, but it must comply with all
applicable building and fire codes. A minimum of four hundred (400) square feet of
landscaped area (including uncovered patios but not including areas within required
setbacks) must be maintained in the rear yard.
l. The following parking standards shall apply:
(i). One (1) parking space is required for each bedroom in the ADU, with a minimum of
one (1) space for the ADU if it has no bedroom. This required parking is in addition to
the required parking for the existing single-family dwelling on the same lot.
473
Ordinance No. 463
Page 11
Section G. is added to Section 17.44.080 (Decisions) of Chapter 17.44 (Application
Review Procedures) of Title 17 (Zoning) as follows:
17.44 APPLICATION REVIEW PROCEDURES
17.44.080 Decisions.
G. Expiration upon Discontinuance of Use. Any discretionary permit or exception
included in Section 17.44.040 granted for a use which has been discontinued, shall
expire one (1) year after discontinuance of such use unless otherwise specified in this
title or conditions of approval.
-END-
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