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HomeMy WebLinkAboutAGENDA REPORT 2018 1017 REG CCSA ITEM 11ACITY OF MOORPARK, CALIFORNIA City Council Meeting of 10.17.2018 ACTION Adopted Ord No. 464 BY M. Benson ORDINANCE NO. 464 AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING ZONING ORDINANCE AMENDMENT NO. 2018-01, REVISING CHAPTERS 17.08 (DEFINITIONS) AND 17.20 (USES BY ZONE), OF TITLE 17 (ZONING), TO ADDRESS RESIDENTIAL SHORT-TERM RENTAL UNITS; AND MAKING A DETERMINATION THIS ACTION IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT Item: 11.A. Item: 11.A. ORDINANCE NO. 464 AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, ADOPTING ZONING ORDINANCE AMENDMENT NO. 2018-01, REVISING CHAPTERS 17.08 (DEFINITIONS) AND 17.20 (USES BY ZONE), OF TITLE 17 (ZONING), TO ADDRESS RESIDENTIAL SHORT-TERM RENTAL UNITS; AND MAKING A DETERMINATION THIS ACTION IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, on February 7, 2018, the City Council adopted Resolution No. 2018- 3674 initiating proceedings to consider amendments to the Zoning Ordinance addressing, among other things, residential short-term rental units; and WHEREAS, at a duly noticed public hearing on July 24, 2018, the Planning Commission considered Zoning Ordinance Amendment No. 2018-01; 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 t he proposal and, after discussion, adopted Resolution No. PC-2018-629, recommending approval of Zoning Ordinance Amendment No. 2018-01; and WHEREAS, at a duly noticed public hearing on August 15, 2018 and October 3, 2018, the City Council 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 on October 3, 2018 discussed and reached a decision on this matter; and WHEREAS, the Community Development Director determined that this project qualifies for a General Rule Exemption in accordance with Section 15061 of 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 or expand the permitted location of any uses within the City. No further environmental documentation is required. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council concurs with the determination of the Community Development Director that this project qualifies for a General Rule Exemption in accordance with Section 15061 of 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 or expand the permitted location of any uses within the City. No further environmental documentation is required. 398 Ordinance No. 464 Page 2 SECTION 2. GENERAL PLAN AND SPECIFIC PLAN CONSISTENCY: The City Council finds Zoning Ordinance Amendment No. 2018-01 to be consistent with the City of Moorpark General Plan and all adopted Specific Plans, in that this ordinance furthers one of the adopted policies of the Land Use Element which calls for the protection of existing neighborhoods in order to maintain their character and identity. SECTION 3. The City Council hereby approves Zoning Ordinance Amendment No. 2018-01, which amends Chapters 17.08 (Definitions) and 17.20 (Uses by Zone) of Title 17 (Zoning), to address and prohibit Residential Short-Term Rental Units, consistent with Exhibit A of this ordinance. SECTION 4. 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 5. This ordinance shall become effective thirty (30) days after its passage and adoption. SECTION 6. 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. PASSED AND ADOPTED this 17th day of October, 2018. Janice S. Parvin, Mayor ATTEST: ___________________________________ Maureen Benson, City Clerk Exhibit A – Zoning Ordinance Amendment No. 2018-01 399 Ordinance No. 464 Page 3 EXHIBIT A ZONING ORDINANCE AMENDMENT NO. 2018-01 REVISING CHAPTERS 17.08 (DEFINITIONS) AND 17.20 (USES BY ZONE), OF TITLE 17 (ZONING) Section 17.08.010 (Application of definitions) of Chapter 17.08 (Definitions) of Title 17 (Zoning) is amended by adding a new definition as follows: 17.08 DEFINITIONS 17.08.010 Application of definitions. “Residential short-term rental unit" means all or any portion of a residential dwelling unit (detached or attached), or an accessory building or guest house, rented intermittently for occupancy for residential purposes for periods of thirty (30) consecutive calendar days or less, counting portions of calendar days as full days.” Section B, Residential Uses, in Table 17.20.050 of Section 17.20.050 (Permitted uses in open space, agricultural, residential and special purpose zones) of Chapter 17.20 (Uses by Zone) of Title 17 (Zoning) is amended by adding Section 8 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 Zones O-S A-E R-A R-E R-O R-1 R-2 RPD RPD 20U- N-D TPD B. Residential Uses 8. Residential short- term rental units -END- 400