HomeMy WebLinkAboutRES PC 2018 628 2018 0724 RESOLUTION NO. PC-2018-628
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, CALIFORNIA, RECOMMENDING APPROVAL OF 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 discussed and reached a decision on this
matter; and
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.
Resolution No. PC-2018-628
Page 2
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DETERMINATION: The Planning Commission
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. PLANNING COMMISSION RECOMMENDATION: The Planning
Commission recommends to the City Council approval of Zoning Ordinance
Amendment No. 2018-02 as shown in Exhibit A, attached.
SECTION 3. Filing of Resolution: The Community Development Director shall
cause a certified resolution to be filed in the book of original resolutions
The action of the foregoing direction was approved by the following vote:
AYES: Commissioners Di Cecco, Haverstock, Vice Chair Aquino, and
Chair Hamous
NOES: None
ABSTAIN: None
ABSENT: Commissioner Landis )
PASSED, AND ADOPTED this 24th day of July, 2018. /
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B ceHamous, Chir
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David A. Bobardt, Community Deve opment Director
Exhibit A— Zoning Ordinance Amendment No. 2018-02
Resolution No. PC-2018-628
Page 3
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 the
plant Cannabis sativa L. having no more than three-tenths of 1 percent
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.
Resolution No. PC-2018-628
Page 4
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
RPD
Zones O-S A-E R-A R-E R-0 R-1 R-2 RPD 20U-N-D TPD
A. Agricultural Uses
(minimum lot size of
5 acres required)
7. Wholesale AP AP AP AP AP* AP*
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.
9. Commercial
cannabis activity
except as provided
in Table 17.20.050
(D) (16) and (17)
Resolution No. PC-2018-628
Page 5
RPD
Zones O-S A-E R-A R-E R-O R-1 R-2 RPD 20U-N-D TPD
D. Accessory and
Miscellaneous Uses
16. Delivery of
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.
Resolution No. PC-2018-628
Page 6
17. Indoor personal NZC NZC NZC NZC NZC NZC NZC NZC NZC NZC
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 far
marijuana or Health
and Safcty Codc
Section 11362.77
for medical
marijuana (Outdoor
personal cultivation
of marijuana or
medical marijuana
cannabis is
prohibited).
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
Resolution No. PC-2018-628
Page 7
CPD C-
Zones C-O C-1 C-2 OT M-1 M-2 I
A. Retail and Service Uses
10. Commercial cannabis activity
D. Manufacturing, Assembly, Distribution,
and Warehousing Uses
5. Outdoor storage when in conjunction with CUP AP* AP*
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).
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 I.(i) of No. 1.(Standards and Requirements) of Section G.
(Accessory Dwelling Unit.) of Section 17.28.020 (Standards related to dwellings.) of
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.
Resolution No. PC-2018-628
Page 8
b. The existing single family dwelling must be owner occupied at the time of application
- - - -- .. - - - •- - - 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.
I. The following parking standards shall apply:
(i). One (1) parking space is required _ -- • .-_ __ • • - A e _ - . -••-•• _ - _
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.
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.
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