HomeMy WebLinkAboutAG RPTS 2018 0724 PC REG QPpK Cd4O
2FOS ,�d Resolution No. 2018-628
o`ii,� m'" PLANNING COMMISSION
9,00 ^�0
9ar�o J�4 REGULAR MEETING AGENDA
JULY 24, 2018
7:00 P.M.
Moorpark Community Center 799 Moorpark Avenue
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS:
5. PUBLIC COMMENT:
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON
MEETINGS/CONFERENCES ATTENDED BY THE COMMISSION:
8. PUBLIC HEARINGS: (next Resolution No. PC-2018-628)
A. Consider Resolution 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. Staff Recommendation: 1) Open the public
hearing, accept public testimony and close the public hearing; and 2) Adopt
All writings and documents provided to the majority of the Commission regarding all agenda items are available for
public inspection at the City Hall public counter located at 799 Moorpark Avenue during regular business hours. The
agenda packet for all regular Commission meetings is also available on the City's website at www.moorparkca.gov.
Any member of the public may address the Commission during the Public Comments portion of the Agenda, unless it
is a Public Hearing or a Discussion item. Speakers who wish to address the Commission concerning a Public Hearing
or Discussion item must do so during the Public Hearing or Discussion portion of the Agenda for that item. Speaker
cards must be received by the Secretary for Public Comment prior to the beginning of the Public Comments portion of
the meeting; for a Discussion item, prior to the Chair's call for speaker cards for each Discussion agenda item; and for
a Public Hearing item, prior to the opening of each Public Hearing, or beginning of public testimony for a continued
hearing. A limitation of three minutes shall be imposed upon each Public Comment and Discussion item speaker. A
limitation of three to five minutes shall be imposed upon each Public Hearing item speaker. Written Statement Cards
may be submitted in lieu of speaking orally for open Public Hearings and Discussion items.Any questions concerning
any agenda item may be directed to the Community Development/Planning office at 517-6233.
Regular Planning Commission Meeting Agenda
July 24, 2018
Page 2
Resolution No. PC-2018- , recommending to the City Council the adoption of
Zoning Ordinance Amendment No. 2018-02. (Staff: Freddy A. Carrillo)
B. Consider Resolution Recommending to the City Council Approval of Zoning
Ordinance Amendment No. 2018-01, Amendments to Chapters 17.08
(Definitions), 17.20 (Uses by Zone), and 17.28 (Standards for Specific Uses), 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. Staff Recommendation: 1) Open the public hearing, accept public testimony
and close the public hearing; and 2) Adopt Resolution No. PC-2018- ,
recommending to the City Council the adoption of Zoning Ordinance Amendment
No. 2018-01. (Staff: Joseph Fiss)
9. DISCUSSION ITEMS:
10. CONSENT CALENDAR:
A. Consider Approval of the Special Joint Meeting Minutes of April 11, 2018.
(Continued from the July 24, 2018 Regular Planning Commission Meeting)
Staff Recommendation: Approve the minutes.
B. Consider Approval of the Regular Meeting Minutes of June 26, 2018. Staff
Recommendation: Approve the minutes.
11. ADJOURNMENT:
Posted: July 20, 2018.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting,
including auxiliary aids or services, please contact the Community Development Department at (805) 517-6233. Upon
request, the agenda can be made available in appropriate alternative formats to persons with a disability. Any request
for disability-related modification or accommodation should be made at least 48 hours prior to the scheduled meeting
to assist the City staff in assuring reasonable arrangements can be made to provide accessibility to the meeting (28
CFR 35.102-35.104;ADA Title II).
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss
CITY OF MOORPARK )
AFFIDAVIT OF POSTING
AGENDA
I, Joyce R. Figueroa, declare as follows:
That I am the Administrative Assistant II of the City of Moorpark and that an agenda of the
Regular Meeting of the Moorpark Planning Commission to be held on Tuesday, July 24,
2018, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799
Moorpark Avenue, Moorpark, California, was posted on July 20, 2018, at a conspicuous
place at the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on July 20, 2018.
Q4? . ' i
g Je R. Fi u6roa, Administrative Assistant II
ITEM 8.A.
NMOORPARK,CALIFORNIA
Planning Commission
of 7-2LF-2()8
ACTION:Apprnvxcl , 4ri-f I4v mrvrr�r_ rl�r�hen
Will eh a rvy. fl7r9PC1 by 11r>P('tgn11: S'irn,
111rhirii'n9 M( FilAi1 of Wnlrrh'rw)No.PCz0IF628
-
BY: ;5,R91 ma
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
/
FROM: David A. Bobardt, Community Development Director :
Freddy A. Carrillo, Associate Planner Il
DATE: July 24, 2018
SUBJECT: Consider Resolution 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
BACKGROUND
Due to recent changes in State law and land use development patterns, on February 7,
2018, the City Council adopted a resolution directing the Planning Commission to study,
hold a public hearing, and provide a recommendation to the City Council on amending
Chapter 17.08 (Definitions), Chapter 17.20 (Uses by Zone), Chapter 17.24
(Development Requirements), Chapter 17.28 (Standards for Specific Uses), and
Chapter 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 (M-1)
zone; and permit approval expiration, time extensions and discontinuance of use, and
short term rentals. These items are addressed in this report except for short term
rentals, which are addressed in a separate report.
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Honorable Planning Commission
July 24, 2018
Page 2
DISCUSSION
Specific amendments to Title 17 Zoning are shown in Exhibit A of the proposed
resolution. The following summarizes the current code, State mandated changes, and
the staff recommendation:
Accessory Dwelling Unit
On July 5, 2017, the City Council adopted Ordinance No. 449, a zoning ordinance
amendment to address Senate Bill No. 229 (SB 229) and Assemble Bill No. 494 (AB
494). These bills replace the term "second unit" with "accessory dwelling unit" (ADU) in
Section 65852.2 of the Government Code, and impose new limitations on City's
regulations of accessory dwelling units related to use classification, unit size, parking
requirements, setbacks, garage conversions, and utility connections. Last year,
Governor Brown signed two additional legislative bills affecting local regulation of ADUs:
Senate Bill No. 229 (SB 229) and Assembly Bill No. 494 (AB 494). These bills clarify
parking requirements and imposing new connection fees to special districts and water
corporations, and allow ADUs to be built in conjunction with a proposed single-family
dwelling.
A. Parking — Sections 17.28.020(G)
• Currently, the Zoning Ordinance requires one covered, uncovered,
tandem parking on existing driveway or use of a mechanical lift parking
space for each bedroom of the ADU, with a minimum of one space if the
ADU does not have a bedroom.
• State statute provides that cities may require one parking space per unit or
one per bedroom, whichever is less.
Staff Recommendation: Require one parking space for the ADU.
B. Number of ADUs per lot and minimum lot size — Section 17.28.020(G)
• Currently, the Zoning Ordinance allows one ADU per residentially zoned
lot that has one existing single-family dwelling, where the lot conforms with
current Zoning standards for minimum lot width, depth, and size.
• State statute provides that an ADU may be proposed on a residential •
zoned lot that has an existing single-family dwelling or a proposed single-
family dwelling.
Staff Recommendation: Allow an ADU on a residentially zoned lot
that has a proposed or existing single-family dwelling, where the lot
conforms with current Zoning standards for minimum lot width,
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Honorable Planning Commission
July 24, 2018
Page 3
depth, and size. Single-family dwelling must be completed before the
ADU may be occupied.
In addition, special districts and water corporations will no longer be permitted to
classify ADUs as a new residential use when calculating connections fees and capacity
charges, or require a new or separate connection between a conversion ADU and utility
or impose a related fee or charge.
Marijuana
On January 20, 2016, the City Council adopted Ordinance No. 436, a zoning ordinance
amendment to address Senate Bill 643 (SB 643), Assembly Bill 243 (AB 243), and
Assembly Bill 266 (AB 266), collectively known as the Medical Cannabis Regulation and
Safety Act (MCRSA). These bills provide for State oversight of medical marijuana
cultivation and distribution as allowed under Proposition 215, while still allowing for local
control. On June 7, 2017, the City Council adopted Ordinance No. 447, a zoning
ordinance amendment to address Proposition 64, the Adult Use of Marijuana Act
(AUMA), allowing adults aged 21 years or older to cultivate up to six marijuana plants
for personal recreational use within a private home. The act also permits smoking in a
private home or at a business licensed for on-site marijuana consumption.
Last year, Governor Brown signed into law Senate Bill 94 (SB 94) the Medicinal and
Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), which creates one
regulatory system for both medicinal and adult-use (recreational) cannabis. This bill
clears up some concerns about how a combined medicinal and recreational marijuana
market would work statewide and establishes clear law enforcement guidelines and
taxation plans. In addition, the bill renamed the terms "marijuana" or "medical cannabis"
in existing law to instead refer to "cannabis" or "medicinal cannabis".
Staff Recommendation: Amend definitions and standards to
incorporate language used in the MAUCRSA.
It should be noted that the State is currently considering rules that would pre-empt cities
from prohibiting distribution of cannabis within their jurisdiction. The city has sent a
letter in opposition to the rules. If this legislation passes, Moorpark would have to re-
visit its zoning ordinance prohibition on cannabis distribution.
Residential Roof Replacements Adjacent to Arterial Roads
On March 23, 2017, staff issued a Zoning Clearance and Building Permit to a
homeowner on Avedon Road to replace their home's concrete tile roof with a composite
asphalt shingle roof. This property, with a mature oak tree in the front yard that was
constantly dropping leaves onto the roof, had created a maintenance burden for the
homeowner. Removing the leaves and maintaining the existing tile roof was challenging
for the homeowner because the concrete roof tiles are not meant to be walked on
except by trained professionals.
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Honorable Planning Commission
July 24, 2018
Page 4
The following issues were taken into consideration prior to issuance of the Zoning
Clearance:
• The concern to maintain the roof and to preserve the oak tree was legitimate.
• There was no active HOA in the neighborhood with architectural control.
• Although all the homes in the development all have red concrete tile roofs, the
Planned Development Permit for the project, approved by the County in 1978,
did not have any architectural conditions requiring specific materials or colors on
the homes.
• The home was located in the interior of the development and was not visible from
Tierra Rejada Road or Los Angeles Avenue, where the adjacent uniform tile
roofs are part of the streetscape.
• The adjacent Buttercreek neighborhood was built with a mix of concrete tile,
wood shake, and asphalt shingle roofs.
Staff would have had a concern issuing such a Zoning Clearance if the home was
located adjacent to an arterial road, as it would have negatively affected the streetscape
along the road. However, this concern is not currently addressed by the Zoning
Ordinance.
Chapter 17.24.010 of the Zoning Ordinance identifies the purpose of development
requirements within the code, as follows:
"The purpose of this chapter is to set forth specific development
requirements for all zones in the city in order to provide adequate
separation for light, air, safety, and open space as well as to provide an
aesthetically pleasing environment in which to live, work and recreate."
One way to provide an "aesthetically pleasing environment..." is to ensure the
maintenance of tile roofing materials on homes adjacent to arterial roads as identified in
the General Plan Circulation Element. Attachment 1 shows those roads. Although
most newer developments have Planned Development Permits with conditions of
approval governing building materials, there are some older neighborhoods without
such requirements. To maintain the streetscape in residential areas along arterial roads
staff recommends adding a section to Chapter 17.24 (Development Requirements) that
requires that existing concrete or clay tile roofs may only be replaced with concrete or
tile roofs of a color and material compatible with homes adjacent to arterial streets.
Staff Recommendation: Require that existing concrete or clay tile
roofs on homes abutting arterials may only be replaced with
concrete or clay tile roofs.
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Honorable Planning Commission
July 24, 2018
Page 5
Allowed Uses on Land Developed with Overhead Electrical Utilities
Currently, the Zoning Ordinance does not have a review process for uses within existing
overhead utility corridors that are in its single-family zones.
Staff Recommendation: Allow wholesale nurseries, tree farms and
ornamental plant farms, including container plants, in Single-Family
Estate (R-O) and Single-Family Residential (R-1) zones when located
within overhead electrical utility corridors under an Administrative
Permit.
Outdoor Storage in an Industrial Park Zone
Typically, an outdoor storage is used to pile pallets of store goods or excess material;
heavy industrial equipment; large working vehicles; or material used daily for the
business operation. The Zoning Ordinance currently allows outdoor storage when in
conjunction with a city approved use and when all storage is screened by an 8-foot high
masonry wall in a Commercial Planned Development (CPD), General Commercial (C-
2), and Limited Industrial (M-2) zone.
Staff Recommendation: Allow outdoor storage in the Industrial Park
(M-1) zone to keep consistency with similar zones.
Permit Approval Expiration, Time Extensions and Discontinuance of Use
Discretionary permits, such as an Administrative Permit (AP), Planned Development
(PD) Permit, and Conditional Use Permit (CUP), and exceptions, granted for a use,
expire within one year from the date of approval unless the use is inaugurated in
accordance to the Zoning Ordinance and the permit conditions. In order to extend the
time of a discretionary permit, an application for a time extension needs to be filed at
least 90 days prior to the date of expiration.
Staff Recommendation: Add clarifying language for a discretionary
permit to expire one year after discontinuance of use unless
otherwise stated in the Zoning Ordinance or conditions of approval.
ENVIRONMENTAL DETERMINATION
The Director has reviewed this project and found it to qualify 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. No further environmental documentation is required
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Honorable Planning Commission
July 24, 2018
Page 6
NOTICING
The notice of the public hearing was published in the Ventura County Star in a 1/8 page
ad on July 15, 2018.
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the public hearing.
2. Adopt Resolution No. PC-2018- , recommending to the City Council the
adoption of Zoning Ordinance Amendment No. 2018-02.
ATTACHMENT:
1. Arterial Roads in Residential Neighborhoods
2. Draft PC Resolution
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PC ATTACHMENT 1 7
RESOLUTION NO. PC-2018 -
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.
PC ATTACHMENT 2
8
Resolution No. PC-2018-
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:
NOES:
ABSTAIN:
ABSENT:
PASSED, AND ADOPTED this 24th day of July, 2018.
Bruce Hamous, Chair
David A. Bobardt, Community Development Director
Exhibit A—Zoning Ordinance Amendment No. 2018-02
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Resolution No. PC-2018-
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 L., whether growing or not; the
seeds thereof; 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. It
does not include either of the following:
(a) Industrial hemp
(b) The weight of any other ingredient combined with cannabis to prepare topical
or oral administrations, food, drink, or other product.
"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.
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:
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Resolution No. PC-2018-
Page 4
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
Manufacturing or
cultivation of
marijuana or
medicalijuana
cannabis except as
provided in Table
17.20.050 (D) (17).
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Resolution No. PC-2018-
Page 5
RPD
Zones 0-S A-E R-A R-E R-0 R-1 R-2 RPD 20U-N-D TPD
D. Accessory and
Miscellaneous Uses.
16. Delivery of
marijuana or
meds
adult use or medical
cannabis, including,
but not limited to,
deliveries from
mobile marijuana
dispensaries and
mobile-medical
marijuana
dispensaries, except
for deliveries of
medical cannabis
from a patient's
primary caregiver to
a qualified patient,
as those terms are
defined in state law.
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 for
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:
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Resolution No. PC-2018-
Page 6
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
CPD C-
Zones C-O C-1 C-2 OT M-1 M-2
A. Retail and Service Uses.
10. Medicinal and adult use cannabis
dispensaries including any site, facility,
location, mobile dispensary, use,
cooperative or business which
manufactures, distributes, sells, exchanges,
processes, stores, delivers, gives away, or
cultivates marijuana, including marijuana for
caregivers, or physicians pursuant to
Section 11362.5 et scq., or any state
cannabis as regulated under the Medicinal
and Adult-Use Cannabis Regulation and
Safety Act.
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).
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Resolution No. PC-2018-
Page 7
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 concrete or tile roofs 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)
existiRg 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. -- - - - - _ . - _ _ .- - - - - - -- - -- -• - -
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.
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Resolution No. PC-2018-
Page 8
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.
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.
Section G. is added to Section 17.44.080 (Decisions) of Chapter 17.44 (Application
Review Procedures) of Title 17 (Zoning) as follows:
17A4 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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ITEM 8.B.
MOORPARK,CALIFORNIA
p-v 7-24--2L Planning Commission
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ACTION: ee-,rinr s fls f p5 ,ijtin
C6r n �St ren , I(rl}irlin�n Arjn tine y{'
HO.cnit tit'v Nn. PC 2bl R� 9
BY: 0-- ti Jl wron..
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission ,,
y
FROM: ,
Joseph Fiss, Planning Manager -
DATE: July 24, 2018
SUBJECT: Consider Resolution Recommending to the City Council Approval of
Zoning Ordinance Amendment No. 2018-01, Amendments to
Chapters 17.08 (Definitions), 17.20 (Uses by Zone), and 17.28
(Standards for Specific Uses), 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
BACKGROUND
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. Proposed Zoning Ordinance
Amendments require review and recommendation by the Planning Commission, with
final action by the City Council.
DISCUSSION
Residential short term rental units are private residences used for lodging arrangements
such as vacation rentals, homestays, or room rentals, secured for periods of thirty days
or less. The proliferation of online marketplaces and services used to arrange short term
rentals, such as Airbnb, Homeaway, and VRBO, have made it easy for residents to
entering the short term rental market, by renting their entire single family homes as well
as individual rooms on a short term basis. Unregulated, these can result in
neighborhood impacts as well as the need for additional City services, including police,
fire, and code enforcement. There is also the question of proper permitting, licensing,
and the collection of Transient Occupancy Tax, and the impact on the supply of
affordable housing.
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Honorable Planning Commission
July 24, 2018
Page 2
Some cities in California have more experience regulating residential short term rental
units and have already implemented standards. Many of these cities are in resort areas
where such uses can be expected, especially on a seasonal basis. Others are in areas
such as tech hubs, where contract employees may be visiting for days or weeks when
working on a project. Proposed standards for Moorpark must be based on the
community values and neighborhood compatibility while still recognizing the reality of
changes in the travel and housing marketplace.
A recent review of the Airbnb.com website found nearly 40 residential short term rental
units offered in and around Moorpark. Some of these listings may lie outside City limits;
exact addresses are not made available until bookings are completed, but at least 10
were confirmed to be within the City. Of the 40 Moorpark area listings, over 20 were for
single room rentals, 2 were for guest houses, and 11 were for whole house rentals.
Prices for single rooms ranged from $32 to $110 per night, and prices for whole homes
ranged from $155 to $695 per night. Many of the listings expressed landlord interest in
exploring terms for longer rental periods. The number and type of lodgings fluctuates
as homeowners enter and exit this market for a variety of reasons. The City has
received complaints on a couple of these uses when either the home was being rented
as a party house, or it was rented to more people than would normally occupy the home
as a residential use, resulting in activity, noise, and vehicle traffic and parking greater
than normally expected in a residential neighborhood.
The first part of the proposed amendments to the Zoning Ordinance involves updating
the use matrix in Chapter 17.20 (Uses by Zone), since these are not currently
addressed. The second part of the proposed amendments involves creating standards
and a process for entitlement and permitting for the various types of residential short
term rental units, such as single room, or whole house rentals, as a new subsection of
Chapter 17.28 (Standards for Specific Uses). Standards include parking requirements,
notification, limits on the total number of days a room or dwelling can be rented, and
nuisance standards. It should be noted that a land use entitlement and a permit are two
different regulations. The entitlement is discretionary and may require a public notice or
hearing process. A permit is non-discretionary. Once an entitlement is obtained, if an
applicant meets all the permit application requirements, the permit shall be issued.
The following is a summary of the proposed changes in legislative format:
Title 17 ZONING
17.08 DEFINITIONS
17.08.010 Application of definitions.
A new definition is for residential short term rental units is proposed as follows:
"Residential short term rental unit" means all or any portion of a permanently-occupied
single-family dwelling (detached or attached) or a guest house, rented intermittently for
occupancy for residential purposes for a period of thirty (30) consecutive calendar days
or less, counting portions of calendar days as full days."
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This definition is distinct from existing definitions for Bed and Breakfast Inns, Boarding
Houses, and Hotels, by recognizing the predominant residential nature of a residential
short-term rental unit. These other uses are already defined in Section 17.08.010 as
follows:
"Bed and breakfast inn" means a dwelling unit with one (1) family in permanent
residence wherein one (1) to five (5) sleeping rooms, and one (1) or more meals, are
offered for compensation to overnight guests.
"Boarding house" means a residence or dwelling, other than a hotel, wherein three
(3) or more rooms, with or without individual or group cooking facilities, are rented to
individuals under separate rental agreements or leases, either written or oral, whether
or not an owner, agent, or rental manager is in residence.
"Hotel" means a building with one (1) main entrance, or a group of buildings,
containing guest rooms where overnight lodging with or without meals is provided for
compensation.
"Motel" means one (1) or more buildings containing guest rooms with one (1) or more
such rooms or units having a separate entrance providing entry directly from the outside
of the building or from an inner court. Such facilities are designed, used or intended to
be used, rented or hired out for temporary or overnight accommodations for guests, and
are offered primarily to automobile tourists or transients by signs or other advertising
media. "Motel" includes auto courts, motor lodges and tourist courts.
17.20 USES BY ZONE
17.20.050 Permitted uses in open space, agricultural, residential and special
purpose zones.
Residential short-term rental units are proposed to be added to the use matrix for
residential zones to establish the level of permit required. The level of permit is
determined by the amount of activity. A property owner who makes a room, or even a
whole house, available for up to 30 days in a calendar year could do so with a Zoning
Clearance. This is to cover the individuals who do so infrequently, such as when going
on vacation. As the activity level increases, so does the permit level, with an
Administrative Permit required for availability of 31 to 60 days in a calendar year,
allowing for conditions of approval to ensure neighborhood compatibility. For residential
short term rental units available for 61 to 120 days a year, staff recommends a
Conditional Use Permit, so that neighbors would notified of the prospective use and
could express their concerns in a public hearing. Staff does not recommend allowing
residential short term rental units to be available more than 120 days in a calendar year,
as the property would have clearly changed to a predominantly commercial use in a
residential zone. In all cases, the residential short term rental units would have to be
operated in compliance with the standards set forth in a new Section 17.28.080,
outlined later in this report.
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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 0-S A-E R-A R-E R-0 R-1 R-2 RPD RPD TPD
20U-
N-D
B. Residential Uses.
8. Residential short
term rental unit when
in compliance with
Chapter 17.28
a. Rental of unit up to ZC ZC ZC ZC ZC ZC ZC ZC
30 days in a calendar
year
b. Rental of unit 31 to AP AP AP
60 days in a calendar
year
c. Rental of unit 61 to CUP CUP CUP
120 days in a calendar
year
d. Rental of unit more
than 120 days in a
calendar year
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17.28 STANDARDS FOR SPECIFIC USES
17.28.080 Standards relating to residential short term rental units.
This proposed new section of the Zoning Ordinance identifies standards proposed by
staff to be specific to all residential short term rental units, whether they be for a single
room, or the whole house, and regardless of how many days in a calendar year the unit
is available for rental. The intent of these standards is to provide for neighborhood
preservation, so that the residential short term rental unit operations do not take away
from the peacefulness of the residential neighborhood. A separate annual permit
process is proposed to track and monitor compliance with the standards of this section.
A. General Provisions. The standards in this section shall apply to residential short
term rental units as defined in 17.08.010. All residential short term rental units
must be operated in compliance with this Title and Titles 3 and 5 of the Moorpark
Municipal Code.
1. Residential short term rental unit permit-required
a. The property owner or the owner's authorized agent or
representative must first possess a valid use permit as identified in
Table 17.20.050 before a residential short term rental unit permit
can be issued.
b. The property owner or the owner's authorized agent or
representative is required to obtain a residential short term rental
unit permit and a business registration from the city prior to renting
or advertising a residential short term rental unit. No residential
short term rental unit use may occur in the city except in
compliance with this chapter.
c. A residential short term rental unit permit and business registration
shall be required to be renewed on an annual basis in order to
remain valid. Failure to renew a residential short term rental unit
permit within thirty (30) consecutive days of its expiration date will
result in the short term residential short term rental unit permit
being terminated.
d. A residential short term rental unit permit and business registration
are not transferable to other properties or property owners.
e. A residential short term rental unit permit and business registration
shall not be issued or renewed if the property, or any building,
structure, or use or land use on the property is in violation of this
code.
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f. The city may conduct an inspection of the property prior to the
issuance or renewal of a residential short term rental unit permit
and/or business registration.
g. A residential short term rental unit permit and business registration
shall not be issued or renewed if any portion of transient occupancy
tax has not been reported and/or remitted to the city for the
previous calendar year by the applicable deadline for the reporting
and/or remittance of the transient occupancy tax.
2. Residential short term rental unit permit - application requirements. The
owner or the owner's authorized agent or representative must submit the
information required on the residential short term rental unit permit
application form provided by the city, which includes the following:
a. The name, address, and telephone number of the property owner
of the subject residential short term rental unit;
b. The name, address, and telephone number of the owner's
authorized agent or representative, if any;
c. The name, address, and 24-hour telephone number of the local
contact person;
d. The address of the proposed residential short term rental unit, and
the internet listing site and listing number, if applicable;
e. The number of bedrooms to be used for short term rental. The
allowable number of bedrooms shall meet all applicable building
and construction requirements under federal, state and city codes,
including but not limited to all applicable building and construction
codes in Title 15 of this code;
f. The number of days in the calendar year in which the unit will be
available for rental, and specific days if known at the time of
application;
g. Acknowledgement of receipt of a residential short term rental unit
information packet from the city, which includes a copy of the good
neighbor brochure;
h. Such other information as the community development director
deems necessary to administer this chapter.
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The residential short term rental unit permit application shall be
accompanied by an application fee as set forth by resolution of the
city council.
3. A residential short term rental unit permit application may be denied if the
applicant has failed to comply with application requirements in this section,
or has had a prior residential short term rental unit permit for the same unit
revoked within the past twelve calendar months.
4. Within fourteen (14) days of a change of property ownership, change of
owner's agent or representative, or any other change in material facts
pertaining to the information contained in the residential short term rental
unit permit application, the owner or owner's authorized agent or
representative shall notify the city.
B. Operational requirements and standard conditions. The owner and/or owner's
authorized agent or representative shall operate the residential short term rental
unit in compliance with all applicable laws, rules, regulations, and conditions of
approval pertaining to the use and occupancy of the subject residential short
term rental unit.
1. The dwelling with the residential short term rental unit must be
permanently occupied as a residence and may not be used solely for short
term rental unit purposes.
2. Only the principal dwelling or a guest house on the property may be used
in whole or part as a residential short term rental unit. Accessory dwelling
units, motor homes, camping trailers, tents, tipis, yurts or other membrane
structures, or any structures not allowed under the Building Code for
human occupancy may not be used as residential short term rental units.
3. Guest registration records must be maintained in compliance with Chapter
5.44 of the Municipal Code.
4. The property owner is responsible for collection and payment of Transient
Occupancy Tax in compliance with Chapter 3.18 of the Municipal Code.
5. The Primary Occupant, defined as the overnight and daytime occupant of
the residential short term rental unit with whom the property owner or the
owner's authorized agent or representative entered into the short term
rental agreement, must be an adult 21 years of age or older.
6. The number of guests, including the Primary Occupant(s), allowed to
occupy any given residential short term rental unit shall be limited as
follows:
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Total Number of Guests Allowed,
Number of Including Primary Occupant
Guest Bedrooms
8:00 a.m. to 10:00 p.m. 10:00 p.m. to 8:00 a.m.
3 2
2 6 4
3 9 6
4 12 8
5 or more 15 10
7. While a residential short term rental unit is rented, either the owner, the
owner's authorized agent or representative, or the owner's designated
local contact person, shall be available 24 hours per day, with the ability to
respond to the location within 30 minutes to complaints regarding the
condition, operation, or conduct of occupants of the residential short term
rental unit or their guests. Such contact information shall be made
available to all owners of property within 100 feet of the subject property
boundaries.
8. Occupants of the residential short term rental unit shall comply with the
standards and regulations for allowable noise at the property in
accordance with Chapter 17.53 (Noise) of this code. Outside speakers or
outside amplified sound systems are not permitted to be used at
residential short term rental units.
9. Prior to occupancy of a residential short term rental unit, the owner or the
owner's authorized agent or representative shall:
A. Obtain the contact information of the Primary Occupant.
B. Provide a copy of the good neighbor brochure to the Primary
Occupant; and require such Primary Occupant to execute a formal
acknowledging legally responsibility for compliance by all
occupants of the residential short term rental unit and their guests
with all applicable laws, rules, regulations, and conditions of
approval pertaining to the use and occupancy of the residential
short-term rental unit. This information shall be maintained by the
owner or the owner's authorized agent or representative for a
period of three years and be made readily available upon request of
any officer of the city responsible for the enforcement of any
provision of this code or any other applicable law, rule or regulation
pertaining to the use and occupancy of the residential short term
rental unit.
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10. The owner, the owner's authorized agent or representative and/or the
owner's designated local contact person shall, upon notification that any
occupant and/or quest of the residential short term rental unit has violated
any applicable law, rule, regulation, or condition of approval, including, but
not limited to the provisions of this section related to the use and
occupancy of the subject residential short term rental unit, respond within
thirty (30) minutes to immediately halt or prevent a recurrence of such
conduct. Failure of the owner, the owner's authorized agent or
representative and/or the owner's designated local contact person to
respond to calls or complaints regarding the condition, operation, or
conduct of occupants and/or guests of the residential short term rental unit
within thirty (30) minutes shall be subject to all administrative, legal and
equitable remedies available to the city.
11. Signs may not be posted on the premises to advertise the availability of
the residential short term rental unit.
12. On-site parking shall be provided for guests in addition to the required
parking for the permanent residential use of the property. Guest parking is
allowed on an approved driveway., garage, and/or carport areas only.
Tandem parking in a driveway is permitted for guest parking, as long as it
does not extend into the public right-of-way. The number of vehicles
brought by the occupants or guests of a residential short term rental unit
may not exceed the number of on-site parking spaces available, and must
meet the following minimum ratio:
No. of Guest Bedrooms No. of Guest Parking Spaces
1-2 1
3-4 2
5 or more 3
13. A residential short term rental unit shall not be advertised, rented, or used
for special events, parties, or other activities that exceed the occupancy
limits contained in this section or that exceed the availability of on-site
parking.
14. Rental of the short term rental unit shall not exceed the number of days for
which an entitlement has been approved.
15. The owner, the owner's authorized agent or representative and/or the
owner's designated local contact person shall post a copy of the
residential short term rental unit and a copy of the good neighbor
brochure, as prepared by the City, in a conspicuous place within the
residential short term rental unit, and a copy of the good neighbor
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Honorable Planning Commission
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brochure shall be provided to each occupant of the subject residential
short term rental unit.
16. The owner and/or the owner's authorized agent or representative shall
post the current residential short term rental unit permit number on or in
any advertisement promoting the availability or existence of a residential
short term rental unit. In the instance of audio only advertising of the
same, the residential short term rental unit permit number shall be read as
part of the advertising.
C. Notice of Violation. The violation of any portion of this section shall be deemed a
nuisance in accordance with Chapter 1.12 (Nuisances) of the Moorpark
Municipal Code.
GENERAL PLAN AND SPECIFIC PLAN CONSISTENCY
The Land Use Element of the General Plan designates the proposed general
distribution and general location and extent of the uses of the land for housing,
business, industry, open space, and other categories of public and private uses of land.
The location and designation of the extent of such uses of the land for public and private
uses shall consider the identification of land and natural resources. The zoning
regulations for the City have been adopted to protect and promote the public health,
safety and general welfare; to provide the environmental, economic and social
advantages which result from an orderly, planned use of resources; to establish the
most beneficial and convenient relationships among land uses; and to implement the
City's General Plan.
The proposed Zoning Ordinance Amendment is consistent with the Goals and Policies
found in the General Plan in that it provides for the preservation of residential
neighborhoods while recognizing the emerging acceptance of the sharing economy.
ENVIRONMENTAL DETERMINATION
The Director has reviewed this project and found it to qualify 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.
NOTICING
Public Notice for this item was given consistent with Chapter 17.44.070 of the Zoning
Ordinance with publication in the Ventura County Star on July 15, 2018.
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Page 11
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the public hearing.
2. Adopt Resolution No. PC-2018 — , recommending to the City Council the
adoption of Zoning Ordinance Amendment No. 2018-01.
ATTACHMENT:
1. Resolution No. PC-2018-
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RESOLUTION NO. PC-2018-
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE
CITY COUNCIL APPROVAL OF ZONING ORDINANCE
AMENDMENT NO. 2018-01, AMENDMENTS TO CHAPTERS
17.08 (DEFINITIONS), 17.20 (USES BY ZONE) AND 17.28
(STANDARDS FOR SPECIFIC USES), 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 the
proposal 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 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 would qualify 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. Based on its independent analysis and judgment of the
Planning Commission, it can be seen with certainty that there is no possibility that the
Zoning Ordinance Amendment No. 2018-01 may have a significant impact on the
physical environment. No further environmental documentation is required.
PC ATTACHMENT 1
27
Resolution No. PC-2018-
Page 2
SECTION 2. PLANNING COMMISSION RECOMMENDATION: The Planning
Commission recommends to the City Council approval of Zoning Ordinance
Amendment No. 2018-01 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:
NOES:
ABSTAIN:
ABSENT:
PASSED, AND ADOPTED this 24th day of July, 2018.
Bruce Hamous, Chair
David Bobardt, Community Development Director
Exhibit A— Zoning Ordinance Amendment No. 2018-01
28
Resolution No. PC-2018-
Page 3
EXHIBIT A
ZONING ORDINANCE AMENDMENT NO. 2018-01
Amendments to Chapters 17.08 (Definitions), 17.20 (Uses by Zone),
And 17.28 (Standards for Specific Uses) 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 permanently-occupied
single-family dwelling (detached or attached) or a guest house, rented intermittently for
occupancy for residential purposes for a period 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.
29
Resolution No. PC-2018-
Page 4
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 0-S A-E R-A R-E R-0 R-1 R-2 RPD RPD TPD
20U-
N-D
B. Residential Uses
8. Residential short
term rental unit when
in compliance with
Chapter 17.28
a. Rental of unit up to ZC ZC ZC ZC ZC ZC ZC ZC
30 days in a calendar
year
b. Rental of unit 31 to AP AP AP
60 days in a calendar
year
c. Rental of unit 61 to CUP CUP CUP
120 days in a
calendar year
d. Rental of unit more
than 120 days in a
calendar year
30
Resolution No. PC-2018-
Page 5
Section 17.28.080 (Standards related to residential short term rental units) is added to
Chapter 17.28 (Standards for Specific Uses) of Title 17 (Zoning) as follows:
17.28 STANDARDS FOR SPECIFIC USES
17.28.080 Standards relating to residential short term rental units.
A. General Provisions. The standards in this section shall apply to residential short
term rental units as defined in 17.08.010. All residential short term rental units
must be operated in compliance with this Title and Titles 3 and 5 of the Moorpark
Municipal Code.
1. Residential short term rental unit permit-required
a. The property owner or the owner's authorized agent or
representative must first possess a valid use permit as identified in
Table 17.20.050 before a residential short term rental unit permit
can be issued.
b. The property owner or the owner's authorized agent or
representative is required to obtain a residential short term rental
unit permit and a business registration from the city prior to renting
or advertising a residential short term rental unit. No residential
short term rental unit use may occur in the city except in
compliance with this chapter.
c. A residential short term rental unit permit and business registration
shall be required to be renewed on an annual basis in order to
remain valid. Failure to renew a residential short term rental unit
permit within thirty (30) consecutive days of its expiration date will
result in the short- term residential short term rental unit permit
being terminated.
d. A residential short term rental unit permit and business registration
are not transferable to other properties or property owners.
e. A residential short term rental unit permit and business registration
shall not be issued or renewed if the property, or any building,
structure, or use or land use on the property is in violation of this
code.
f. The city may conduct an inspection of the property prior to the
issuance or renewal of a residential short term rental unit permit
and/or business registration.
31
Resolution No. PC-2018-
Page 6
g. A residential short term rental unit permit and business registration
shall not be issued or renewed if any portion of transient occupancy
tax has not been reported and/or remitted to the city for the
previous calendar year by the applicable deadline for the reporting
and/or remittance of the transient occupancy tax.
2. Residential short term rental unit permit - application requirements. The
owner or the owner's authorized agent or representative must submit the
information required on the residential short term rental unit permit
application form provided by the city, which includes the following:
a. The name, address, and telephone number of the property owner
of the subject residential short term rental unit;
b. The name, address, and telephone number of the owner's
authorized agent or representative, if any.,
c. The name, address, and 24-hour telephone number of the local
contact person.,
d. The address of the proposed residential short term rental unit, and
the internet listing site and listing number, if applicable;
e. The number of bedrooms to be used for short term rental. The
allowable number of bedrooms shall meet all applicable building
and construction requirements under federal, state and city codes,
including but not limited to all applicable building and construction
codes in Title 15 of this code;
f. The number of days in the calendar year in which the unit will be
available for rental, and specific days if known at the time of
application;
g. Acknowledgement of receipt of a residential short term rental unit
information packet from the city, which includes a copy of the good
neighbor brochure;
h. Such other information as the community development director
deems necessary to administer this chapter.
The residential short term rental unit permit application shall be
accompanied by an application fee as set forth by resolution of the
city council.
32
Resolution No. PC-2018-
Page 7
3. A residential short term rental unit permit application may be denied if the
applicant has failed to comply with application requirements in this section,
or has had a prior residential short term rental unit permit for the same unit
revoked within the past twelve calendar months.
4. Within fourteen (14) days of a change of property ownership, change of
owner's agent or representative, or any other change in material facts
pertaining to the information contained in the residential short term rental
unit permit application, the owner or owner's authorized agent or
representative shall notify the city.
B. Operational requirements and standard conditions. The owner and/or owner's
authorized agent or representative shall operate the residential short term rental
unit in compliance with all applicable laws, rules, regulations, and conditions of
approval pertaining to the use and occupancy of the subject residential short
term rental unit.
1 . The dwelling with the residential short term rental unit must be
permanently occupied as a residence and may not be used solely for short
term rental unit purposes.
2. Only the principal dwelling or a guest house on the property may be used
in whole or part as a residential short term rental unit. Accessory dwelling
units, motor homes, camping trailers, tents, tipis, yurts or other membrane
structures, or any structures not allowed under the Building Code for
human occupancy may not be used as residential short term rental units.
3. Guest registration records must be maintained in compliance with Chapter
5.44 of the Municipal Code.
4. The property owner is responsible for collection and payment of Transient
Occupancy Tax in compliance with Chapter 3.18 of the Municipal Code.
5. The Primary Occupant, defined as the overnight and daytime occupant of
the residential short term rental unit with whom the property owner or the
owner's authorized agent or representative entered into the short term
rental agreement, must be an adult 21 years of age or older.
6. The number of quests, including the Primary Occupant(s), allowed to
occupy any given residential short term rental unit shall be limited as
follows:
33
Resolution No. PC-2018-
Page 8
Total Number of Guests Allowed,
Number of Includinq Primary Occupant
Guest Bedrooms
8:00 a.m. to 10:00 p.m. 10:00 p.m. to 8:00 a.m.
1 3 2
2 6 4
3 9 6
4 12 8
5 or more 15 10
7. While a residential short term rental unit is rented, either the owner, the
owner's authorized agent or representative, or the owner's designated
local contact person, shall be available 24 hours per day, with the ability to
respond to the location within 30 minutes to complaints regarding the
condition, operation, or conduct of occupants of the residential short term
rental unit or their guests. Such contact information shall be made
available to all owners of property within 100 feet of the subiect property
boundaries.
8. Occupants of the residential short term rental unit shall comply with the
standards and regulations for allowable noise at the property in
accordance with Chapter 17.53 (Noise) of this code. Outside speakers or
outside amplified sound systems are not permitted to be used at
residential short term rental units.
9. Prior to occupancy of a residential short term rental unit, the owner or the
owner's authorized agent or representative shall:
a. Obtain the contact information of the Primary Occupant.
b. Provide a copy of the good neighbor brochure to the Primary
Occupant; and require such Primary Occupant to execute a formal
acknowledging legally responsibility for compliance by all
occupants of the residential short term rental unit and their guests
with all applicable laws, rules, regulations, and conditions of
approval pertaining to the use and occupancy of the residential
short-term rental unit. This information shall be maintained by the
owner or the owner's authorized agent or representative for a
period of three years and be made readily available upon request of
any officer of the city responsible for the enforcement of any
provision of this code or any other applicable law, rule or regulation
pertaining to the use and occupancy of the residential short term
rental unit.
34
Resolution No. PC-2018-
Page 9
10. The owner, the owner's authorized agent or representative and/or the
owner's designated local contact person shall, upon notification that any
occupant and/or guest of the residential short term rental unit has violated
any applicable law, rule, regulation, or condition of approval, including, but
not limited to the provisions of this section related to the use and
occupancy of the subject residential short term rental unit, respond within
thirty (30) minutes to immediately halt or prevent a recurrence of such
conduct. Failure of the owner, the owner's authorized agent or
representative and/or the owner's designated local contact person to
respond to calls or complaints regarding the condition, operation, or
conduct of occupants and/or quests of the residential short term rental unit
within thirty (30) minutes shall be subject to all administrative, legal and
equitable remedies available to the city.
11. Signs may not be posted on the premises to advertise the availability of
the residential short term rental unit.
12. On-site parking shall be provided for guests in addition to the required
parking for the permanent residential use of the property. Guest parking is
allowed on an approved driveway, garage, and/or carport areas only.
Tandem parking in a driveway is permitted for quest parking, as long as it
does not extend into the public right-of-way. The number of vehicles
brought by the occupants or guests of a residential short term rental unit
may not exceed the number of on-site parking spaces available, and must
meet the following minimum ratio:
No. of Guest Bedrooms No. of Guest Parking Spaces_
1-2 1
3-4 2
5 or more 3
13. A residential short term rental unit shall not be advertised, rented, or used
for special events, parties, or other activities that exceed the occupancy
limits contained in this section or that exceed the availability of on-site
parking.
14. Rental of the short term rental unit shall not exceed the number of days for
which an entitlement has been approved.
15. The owner, the owner's authorized agent or representative and/or the
owner's designated local contact person shall post a copy of the
residential short term rental unit and a copy of the good neighbor
brochure, as prepared by the City, in a conspicuous place within the
residential short term rental unit, and a copy of the good neighbor
35
Resolution No. PC-2018-
Page 10
brochure shall be provided to each occupant of the subject residential
short term rental unit.
16. The owner and/or the owner's authorized agent or representative shall
post the current residential short term rental unit permit number on or in
any advertisement promoting the availability or existence of a residential
short term rental unit. In the instance of audio-only advertising of the
same, the residential short term rental unit permit number shall be read as
part of the advertising.
C. Notice of Violation. The violation of any portion of this section shall be deemed a
nuisance in accordance with Chapter 1.12 (Nuisances) of the Moorpark
Municipal Code.
-END-
,
36
MOORPARK,CAUFORNIA
Planning Commission
of 7- 2 - 2nJ B ITEM 10.A.
ACTION: I fa 11i /Ia r II1,11
MIriI IT FC ('IF THE JOINT MEETING OF THE
BY: 1-, filiwynn. CITY cntiNrIL AND PLANNING COMMISSION
Moorpark, California April 11, 2018
A Special Joint Meeting of the Moorpark City Council and Planning Commission was
held on Wednesday, April 11, 2018, at 7:30 p.m. at the Moorpark Community Center
located at 799 Moorpark Avenue, Moorpark, California.
1. CALL TO ORDER:
Mayor Parvin called the City Council to order at 8:26 p.m.
The City Clerk called the Planning Commission to order at 8:26 p.m. and
immediately called for the selection of a temporary Presiding Officer from among
the Planning Commissioners present to serve until adjournment.
CONSENSUS: It was the unanimous consensus of the Planning Commissioners
present to select Commissioner Landis to act at the Presiding Officer for the Planning
Commission.
2. THE PLEDGE OF ALLEGIANCE:
Presiding Officer Landis led the Pledge of Allegiance.
3. ROLL CALL:
Planning Commissioners: Commissioners DiCecco, Haverstock, and
Presiding Officer Landis.
Absent: Chair Hamous and Vice Chair Aquino.
City Council: Councilmembers Mikos, Pollock, Simons, Van
Dam, and Mayor Parvin.
Staff Present: Troy Brown, City Manager; Deborah
Traffenstedt, Assistant City Manager; David
Bobardt, Community Development Director
Clerk; Sean Corrigan, City Engineer/Public
Works Director; Captain John Reilly, Sheriffs
Department and Maureen Benson, City Clerk.
4. PUBLIC COMMENT:
None.
37
Minutes of the City Council and
Planning Commission
Moorpark, California Page 2 April 11, 2018
5. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
A. Consider Status Report on Mission Statement, Priorities, Goals and
Obiectives for Fiscal Years 2017/2018 and 2018/2019. Staff
Recommendation: Direct staff as deemed appropriate.
Mr. Brown gave a brief oral report
There were no speakers.
The Council and Commission discussed: 1) Timetable for updates to the
Land Use and Circulation Elements of the General Plan and the Hitch
Ranch Specific Plan; 2) Development projects coming forward this year
include the Mansi-Aldersgate Senior Housing Project, the Chiu apartments
on Everett Street, and the Grand Moorpark Summerland Project; 3)
Affordable Housing needs; 4) Permitting the sale of alcohol until 2:00 a.m.;
5) Permitting the sale of alcohol for special events in City parks; 6) A new
property tax assessment for parks and recreation to avoid the continued
taking of General Funds to cover the shortfall; 7) Plans for mixed-use
projects on High Street; 8) Continuing to strengthen opportunities for open
space and the trail system; 9) Update on the widening of Princeton
Avenue; 10) City Manager and City Engineer/Public Works Director
meeting with Caltrans District 7 Director at end of April; 11) Filling potholes
on Princeton Avenue; 12) Results of Los Angeles Avenue Traffic Study,
status of the various widening projects along Los Angeles Avenue, and
update on future widening of Moorpark Avenue; 13) Ghost Train
phenomenon at Metrolink crossings at Spring Road and Moorpark Avenue
scheduled for discussion at a City Council meeting; 14) Status of the truck
weigh-station to the west of town; 15) Potential adoption of a Film
Ordinance to speed permit applications; 16) Spending remaining
Redevelopment funds; 17) Forward planning on Civic Center site,
Downtown area, and staffing constraints; and 18) Status of Exclusive
Negotiating Agreement with the Daly Group for the development on High
Street.
On behalf of the City Council, Mayor Parvin thanked the Planning
Commission for all they do for the community.
38
Minutes of the City Council and
Planning Commission
Moorpark, California Page 3 April 11, 2018
6. ADJOURNMENT:
Mayor Parvin adjourned the City Council meeting and Presiding Officer Landis
adjourned the Planning Commission meeting at 9:12 p.m.
Janice S. Parvin, Mayor
Bruce Hamous, Chair
ATTEST:
Maureen Benson, City Clerk
39
MOORPARK,CALIFORNIA
Planning Commission
of 7t2ñjR ITEM 10.B.
ACTION:tip rwri 51-n-ff Pic nm
BY: 'n0"tm MINUTES OF THE PLANNING COMMISSION
Moorpark, California June 26, 2018
A Regular Meeting of the Planning Commission of the City of Moorpark was held on
June 26, 2018, in the Council Chambers of said City located at 799 Moorpark Avenue,
Moorpark, California.
1. CALL TO ORDER:
Chair Hamous called the meeting to order at 7:02 p.m.
2. PLEDGE OF ALLEGIANCE:
Planning Manager Joseph Fiss led the Pledge of Allegiance.
3. ROLL CALL:
Present: Chair Hamous, Vice Chair Aquino, Commissioner
Haverstock, and Commissioner Landis.
Absent: Commissioner Di Cecco.
Staff Present: David Bobardt, Community Development Director; Joseph
Fiss, Planning Manager; and Joyce Figueroa, Administrative
Assistant II.
4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS:
None.
5. PUBLIC COMMENT:
None.
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
CONSENSUS: It was the unanimous consensus of the Commission to pull item 10.A.
from the Consent Calendar for individual consideration upon the request of Chair
Hamous.
40
Minutes of the Planning Commission
Moorpark, California Page 2 June 26, 2018
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON
MEETINGS/CONFERENCES ATTENDED BY THE COMMISSION:
Commissioner Haverstock questioned staff if Air BNB (short term rentals) is
going to be considered as a future agenda item.
8. PUBLIC HEARINGS: (next Resolution No. PC-2018-627)
A. Consider Commercial Planned Development No. 2018-01, a Request to
Allow a 77-Unit Assisted Living and Memory Care Community on an
Approximately 2.78 acre vacant lot at 13960 Peach Hill Road on the
Application of James M. Lawson, AICP for Oakmont Senior Living. Staff
Recommendation: 1) Open the public hearing, accept public testimony
and close the public hearing; and 2) Adopt Resolution No. PC-2018-_,
recommending to the City Council conditional approval of Commercial
Planned Development No. 2018-01. (Staff: Joseph Fiss)
Mr. Fiss gave the staff report and corrected paragraph 2 on stamped page
7 of the agenda report to remove the language regarding landscaping.
Landscaping is addressed in the analysis section of the report on stamped
page 8, written as Spring Road Landscaping.
Mr. Fiss announced that Commissioner Di Cecco submitted written
comments which were provided to the Planning Commission with the
applicant's responses.
A discussion followed among the Commissioners and staff, which focused
on: 1) Installation of a sidewalk around the building; 2) Opportunities for
walking trails through the existing vegetation on the south and north sides
of the site; 3) Pedestrian access from the memory garden toward Spring
Road; 4) Views and privacy; 5) Impact of delivery trucks; 6) Lowering of
retaining walls to allow views; 7) Requirement of generators should the
electricity go out and elevators inaccessible; and 8) Location of utilities in
front of the building.
Chair Hamous opened the public hearing.
James M. Lawson, Oakmont Senior Living, applicant, provided the
Commission with 11x17 documents in lieu of a PowerPoint presentation,
and described the project and stated he was available for questions.
A discussion followed among the Commission and Mr. Lawson regarding:
1) The purpose of the south pavilion adjacent to the resident's garden and
how clients would access the pavilion; 2) Walking trails; 3) Age of cliental;
4) Types and number of vehicle deliveries; 5) Evacuation procedures
should electricity or power go out; and 6) Client cost per month.
41
Minutes of the Planning Commission
Moorpark, California Page 3 June 26, 2018
In response to Chair Hamous, Mr. Bobardt stated there were no additional
speaker cards or written cards for this item.
Mr. Bobardt responded to comments that were raised by the Commission
and stated staff can work with the applicant to further address walkways,
delivery hours, views, and retaining wall height.
Chair Hamous closed the public hearing.
A discussion followed among the Commissioners supporting the project.
MOTION: Commissioner Haverstock moved and Commissioner Landis seconded
a motion to approve staff recommendation, with changes as proposed by the
Commission, including adoption of Resolution No. PC-2018-627. The motion
carried by voice vote 4-0, Commissioner Di Cecco absent.
The City Council has final approval authority for this project.
9. DISCUSSION ITEMS:
None.
10. CONSENT CALENDAR:
MOTION: Commissioner Landis moved and Commissioner Haverstock seconded a
motion to approve staff recommendation. The motion failed by voice vote 2-0, Vice
Chair Aquino and Chair Hamous abstaining and Commissioner Di Cecco absent.
A. Consider Approval of the Special Joint Meeting Minutes of April 11, 2018.
Staff Recommendation: Approve the minutes.
Continued this item to the July 24, 2018 Regular Planning Commission
meeting.
MOTION: Commissioner Landis moved and Commissioner Haverstock seconded a
motion to approve staff recommendation. The motion carried by voice vote 4-0,
Commissioner Di Cecco absent.
B. Consider Approval of the Regular Meeting Minutes of May 22, 2018. Staff
Recommendation: Approve the minutes.
Approved staff recommendation.
42
Minutes of the Planning Commission
Moorpark, California Page 4 June 26, 2018
11. ADJOURNMENT:
MOTION: Commissioner Landis moved and Commissioner Haverstock seconded
a motion to adjourn the meeting. The motion carried by voice vote 4-0,
Commissioner Di Cecco absent. The time was 7:53 p.m.
Bruce Hamous, Chair
David A. Bobardt, Community Development Director
43