HomeMy WebLinkAboutAGENDA REPORT 2023 0719 CCSA REG ITEM 11CCITY OF MOORPARK, CALIFORNIA
City Council Meeting
of July 19, 2023
ACTION ADOPTED ORDINANCE NO. 514.
(ROLL CALL VOTE: 4-0, MAYOR
ENEGREN RECUSED)
BY A. Hurtado.
C. Consider Ordinance No. 514 Approving of Segment 3 of Zoning Ordinance
Amendment No. 2023-01 for the City of Moorpark Zoning Code Update, and
Making a Determination that the Zoning Code and Zoning Map Update is Within
the Scope of the Program Environmental Impact Report for General Plan 2050 and
No Further Environmental Review is Required Pursuant to the California
Environmental Quality Act In Connection Therewith. Staff Recommendation:
Waive full reading, declare Ordinance No. 514 read for the second time, and
adopted as read. (Staff: Shanna Farley, Principal Planner) (ROLL CALL VOTE
REQUIRED)
Item: 11.C.
ORDINANCE NO. 514
AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA,
APPROVING OF SEGMENT 3 OF ZONING ORDINANCE AMENDMENT
NO. 2023-01 FOR THE CITY OF MOORPARK ZONING CODE UPDATE,
AND MAKING A DETERMINATION THAT THE ZONING CODE AND
ZONING MAP UPDATE IS WITHIN THE SCOPE OF THE PROGRAM
ENVIRONMENTAL IMPACT REPORT FOR GENERAL PLAN 2050 AND
NO FURTHER ENVIRONMENTAL REVIEW IS REQUIRED PURSUANT
TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT IN
CONNECTION THEREWITH
WHEREAS, the City of Moorpark Zoning Code has not been comprehensively
updated in more than 30 years and requires revision to ensure that it aligns with the
current aspirations and values of the community, the Moorpark General Plan 2050
(“General Plan 2050”), and complies with current state law and regulations; and
WHEREAS, the City is the applicant for Zoning Ordinance Amendment No. 2023-
01, known as the “Zoning Code Update” which proposes to amend the City of Moorpark
Municipal Code and Zoning Map, including portions of Title 1 (General Provisions), Title 5
(Business Taxes, Licenses and Regulations), Title 8 (Health and Safety), Title 10
(Vehicles and Traffic), Title 15 (Buildings and Construction), Title 16 (Subdivisions) and
replace the entirety of Title 17 (Zoning) of the Moorpark Municipal Code; and
WHEREAS, the City, by and through its General Plan Advisory Committee,
Planning Commission, City Council, and extensive community and stakeholder outreach,
prepared General Plan 2050 as a comprehensive revision and update to the City’s
existing General Plan which occurred between 2020 and 2023; and
WHEREAS, on May 3, 2023, the City Council certified the Final Program
Environmental Impact Report (EIR) for General Plan 2050 and approved the General Plan
Amendment No. 2023-02 adopting the General Plan 2050 through adoption of Resolution
No. 2023-4173; and
WHEREAS, pursuant to Government Code Section 65860 the City’s Zoning
Ordinances must be consistent with the General Plan 2050 and must be amended within
a reasonable time after any general plan amendment so that it is consistent with adopted
General Plan; and
WHEREAS, the City desires to adopt Zoning Ordinance Amendment No. 2023-01
to implement the recently adopted General Plan 2050 and to ensure consistency between
the City’s Zoning Ordinance and General Plan 2050; and
WHEREAS, on March 10, 2023, the City published the Draft Zoning Code Update
for a 45-day public review period ending on April 24, 2023. During the public review
period, 30 public comments were provided in writing to the City on the Draft Zoning Code
Update; and
Item: 11.C.
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WHEREAS, on March 21, 2023, the City held a Zoning Code Update Workshop
for the public to introduce and discuss the proposed Draft Zoning Code Update,
approximately 15 members of the community participated; and
WHEREAS, on April 17, 2023, the City Council held a Study Session at their
regular meeting to consider the Draft Zoning Code Update. The City Council and the
public provided comments and suggested revisions to the draft document; and
WHEREAS, on June 9, 2023, the Revised Draft Zoning Code Update was posted
to the City website and a notice emailed to community stakeholders to consider the
revisions and make public comments; and
WHEREAS, at a duly noticed public hearing on June 22, 2023, the Planning
Commission considered the Revised Draft Zoning Code Update, including 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
recommended that the City Council adopt the Revised Draft Zoning Code Update. The
Planning Commission recommendations were made in segments pursuant to the
segmentation requirements of the Fair Political Practices Commission (“FPPC”) as
provided in 2 Cal. Code of Reg. Section 18706(a), with each Planning Commissioner with
a conflict of interest in a particular segment recusing him or herself from participation in
that segment. This segmentation process was accomplished by the adoption of
Resolutions Nos. PC-2023-692, PC-2023-693, PC-2023-694, PC-2023-695, and PC-
2023-696, recommending that the City Council approve Zoning Amendment No. 2023-
01; and
WHEREAS, Planning Commission Segment 5 was reflected in Resolution No. PC-
2023-696 and contains all properties within the City of Moorpark and all proposed
Moorpark Municipal Code text amendments not included in Planning Commission
Segments 1 through 4 of Zoning Ordinance Amendment No. 2023-01; and
WHEREAS, pursuant to the requirements of the California Environmental Quality
Act (CEQA), the City prepared a Program EIR (State Clearinghouse No. 2022050327) in
coordination of the General Plan 2050. The Program EIR analyzed impacts associated
with the implementation of the General Plan 2050, including the Zoning Code Update,
fully describes the project, existing conditions within the City of Moorpark, analyzes the
potential environmental impacts of implementing the project, identifies mitigation
measures to minimize significant impacts to a less than significant level. On May 3, 2023,
the City Council adopted Resolution No. 2023-4173 which certified the Final Program EIR
for General Plan 2050; and
WHEREAS, the Planning Commission determined that Zoning Ordinance
Amendment No. 2023-01 relies on and is consistent with the environmental analysis
conducted as part of the General Plan 2050 and recommended that the City Council make
a similar determination. The Draft Zoning Ordinance Amendment No. 2023-01
implements the intent, policies, and goals of the General Plan 2050. In addition, the
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Zoning Code Update was identified as part of the Project Description in the Program EIR
under Section 3.5.1.5, Zoning Code Update. The impacts associated with the proposed
changes are consistent with the scope of those previously analyzed by the certified
Program EIR for General Plan 2050. Therefore, the proposed Zoning Ordinance
Amendment is within the scope of the Program EIR for the General Plan 2050 and no
further environmental analysis is required pursuant to CEQA Section 15168; and
WHEREAS, for the City Council’s consideration of the Zoning Code Update, the
Zoning Code Update has been divided into four segments pursuant to the segmentation
requirements of the FPPC as provided in 2 Cal. Code of Reg. Section 18706(a), with each
Councilmember with a conflict of interest in a particular segment recusing him or herself
from participation in that segment. This Segment 3, Ordinance No. 514 contains zoning
map and designation amendments of the property of the business Mayor Enegren
operates on Zachary Street and properties within 1,000 feet of that property, which are
proposed to change from M-1 Light Industrial with a 0.38 floor area ratio to I-F - Industrial
Flex with a 1.0 floor area ratio. Segment 3 zoning map amendments are generally
depicted on Exhibit A, which is incorporated herein by this reference. This Segment 3
also contains the Zoning Text Amendments pertaining to adding the I-F Industrial Flex
Zone and the applicable development standards, including proposed Zoning Code
Sections 17.12.010 (N), 17.16.060(C), 17.20.060 (Column I-F), and 17.24.035 (Table
17.24.035, Column I-F). Segment 3 zoning text amendments are generally described on
Exhibit B which is incorporated herein by this reference; and
WHEREAS, at a duly noticed public hearing on July 5, 2023, the City Council
considered the proposed Zoning Amendment No. 2023-01, including 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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES
ORDAIN AS FOLLOWS:
SECTION 1. The City Council finds that all of the facts set forth in the Recitals
to this Resolution are true and correct and incorporated herein.
SECTION 2. The findings made in this Ordinance are based upon the
information and evidence set forth in the General Plan 2050 and certified Program EIR
and upon other substantial evidence that has been presented at the hearings and in the
record of the proceedings. The General Plan 2050, Program EIR, agenda reports,
technical studies, appendices, plans, specifications, and other documents and materials
that constitute the record of proceedings on which this Resolution is based are on file for
public examination during normal business hours at the City of Moorpark Community
Development Department, 799 Moorpark Avenue, Moorpark, CA 93021 and available on
the City website. Each of these documents is incorporated herein by reference.
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SECTION 3. The City Council finds that agencies and interested members of the
public have been afforded ample notice and opportunity to comment on the Zoning
Amendment No. 2023-01.
SECTION 4. FINDINGS AND EVIDENCE. The findings made in this Ordinance
are based upon the information and evidence set forth in the Recitals to this Ordinance,
the Zoning Ordinance Amendment No. 2023-01, the Final Program EIR for the Moorpark
General Plan 2050 (as certified by the City Council by adopted Resolution No. 2023-4173
and a copy of which is on file with the City), the General Plan 2050 (as adopted by City
Council by adopted Resolution No. 2023-4173 and a copy of which is on file with the City),
and upon other substantial evidence that has been presented at the hearing and in the
record of this proceeding.
SECTION 5. ENVIRONMENTAL DETERMINATION: The City Council concurs
with the determination of the Planning Commission that the Zoning Code Update is
consistent with, and within the scope of, the environmental analysis conducted as part of
the General Plan 2050 and that no further environmental review is required.
A. A Notice of Preparation and Program EIR was prepared in coordination with
the General Plan Update. The Program EIR analyzed impacts associated with the
implementation of the General Plan 2050 that was prepared pursuant to the requirements
of the California Environmental Quality Act (CEQA).
B. On May 3, 2023, the City Council adopted Resolution No. 2023-4173 which
certified the Final Program EIR for General Plan 2050. The Program EIR (State
Clearinghouse No. 2022050327) fully describes the project, existing conditions within the
City of Moorpark, analyzes the potential environmental impacts of implementing the
project, identifies mitigation measures to minimize significant impacts to a less than
significant level, and analyzed the Zoning Code Update.
C. The Zoning Ordinance Amendment implements the intent, policies, and
goals of the General Plan 2050. In addition, the Zoning Code Update was identified as
part of the Project Description in the Program EIR under Section 3.5.1.5, Zoning Code
Update. The impacts associated with the proposed changes are consistent with the
scope of those previously analyzed by the certified Program EIR for General Plan 2050
and are consistent and conforming to the General Plan 2050. Therefore, the proposed
Zoning Ordinance Amendment is within the scope of the Program EIR for the General
Plan 2050 and no further environmental analysis is required pursuant to CEQA Section
15162.
D. The City Council finds, in the exercise of its independent judgment and
based on substantial evidence in the whole of the record, and recommends that the City
Council find, that no further environmental review is required, including pursuant to Public
Resources Code Section 21166, or CEQA Guidelines Sections 15162 or 15168, because:
(i) No information has been presented to the City to demonstrate that any substantial
changes have occurred with respect to the Project involving new significant environmental
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effects or a substantial increase in the severity of previously identified significant effects;
(ii) No information has been presented to the City to demonstrate that any substantial
changes have occurred with respect to the circumstances under which the Project is
undertaken involving new significant environmental effects or a substantial increase in
the severity of previously identified significant effects; and (iii) No information has been
presented to the City to demonstrate that there is any new information of substantial
importance that was not known and could not have been known with the exercise of
reasonable diligence at the time the previous EIR was certified as complete showing that
the Project will have any significant or more severe effects than those discussed in the
prior EIR, or that additional mitigation measures or alternatives would substantially reduce
any significant effects on the environment disclosed in the prior EIR.
SECTION 6. MATERIALS ON FILE. The Draft Zoning Code Update, Moorpark
General Plan 2050, the Final Program EIR, Mitigation Monitoring and Reporting Program,
CEQA Findings of Fact and Statement of Overriding Considerations regarding the Final
Program EIR for the Moorpark General Plan 2050, agenda reports, technical studies,
appendices, plans, specifications, and other documents and materials that constitute the
record of proceedings upon which this Ordinance is based on, are on-file for public
examination during normal business hours at the City of Moorpark Community
Development Department, 799 Moorpark Avenue, Moorpark, California 93021 and
available on the City website at www.moorparkca.gov/212/General-Plan. Each of these
documents is incorporated herein by reference in connection with making the findings
and approvals taken by the City Council in this Ordinance.
SECTION 7. GENERAL PLAN CONSISTENCY: The City Council finds that the
Zoning Ordinance Amendment No. 2023-01 implements the goals and policies of the
General Plan 2050 and is found consistent with the requirements of the General Plan for
reasons including, but not limited to:
A. General Plan 2050 Implementation Program LU-I9 regarding “Zoning
Ordinance Implementation” provides: “Require conformance of proposed development
projects with the procedures, permitted uses, and development standards specified by
the Municipal Code, Title 17 Zoning. Periodically, review and amend as necessary to
ensure compliance with applicable state and federal regulations and relevance to state-
of-the art practices and amendments/updates of the GP Land Use Plan and revise as
needed to reflect General Plan and Housing Element.”
B. General Plan 2050 Implementation Program LU-I10 regarding “Zoning
Ordinance Implementation” provides: “Implement and periodically review and update
Municipal Codes and Ordinances to ensure compliance with the state and federal
regulations and best practices including, but not limited to, adoption of state-of-the-art
technologies, age-friendly, barrier-free development, sustainable development and
infrastructure, reduction and resilience to the impacts of climate change, and other
features that promote the health and safety of buildings.”
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C. General Plan 2050 Policy LU 1.1 provides: “Growth respecting Moorpark’s
values and character: Accommodate growth that is consistent with community values and
complements the scale and character of Moorpark’s residential neighborhoods, business
districts, and natural environmental setting.”
D. General Plan 2050 Policy LU 1.2 provides: “Types and distribution of land
uses: Accommodate population and employment growth attributable to the categories
and standards for densities/intensities of the land uses depicted on the Land Use Diagram
and as evaluated in the General Plan Program.” The Draft Zoning Code Update amends
the Zoning Code so that the zoning districts reflect the land use designations in the
General Plan 2050 Land Use Element and is therefore consistent with the General Plan
2050.
E. General Plan 2050 Policy LU 3.1 provides: “Housing for all residents:
Provide a mix of residential densities to accommodate the housing needs of all members
of the community and address Moorpark’s fair share of regional housing needs consistent
with the Housing Element.”
F. General Plan 2050 Policy LU 3.3 provides: “Broader mix of housing types:
Facilitate the development of mid-range, or “missing middle,” housing units such as
duplexes, multiplexes, courtyard homes, and townhomes.”
G. General Plan 2050 Policy LU 3.4 provides: “Reuse of declining commercial
properties: Promote the redevelopment of commercial centers and corridors that are
underutilized, where businesses have closed, and do not exhibit supportable market
demand for economically viable uses desired by the community.”
H. General Plan 2050 Policy LU 3.5 provides: “Mixed-use development:
Provide for development projects that mix housing with commercial uses to enable
Moorpark’s residents to live close to businesses and employment, reducing vehicle trips,
and supporting social interactions.”
I. General Plan 2050 Policy LU 5.1 provides: “Development complements
existing character: Require that new development be designed to complement
Moorpark’s historical family-oriented small-town feel.”
J. General Plan 2050 Policy LU 5.5 provides: “Compatible land uses: Require
design features that provide visual relief and separation between land uses of conflicting
character.”
K. General Plan 2050 Policy LU 6.1 provides: “Land use compatibility: Require
that development is located and designed to assure compatibility among land uses.”
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L. General Plan 2050 Policy LU 6.2 provides: “Development transitions:
Require that the scale and massing of new development in higher density locations
provide appropriate transitions in building height and bulk that are sensitive to the physical
and visual character of the adjoining uses.”
M. General Plan 2050 Policy LU 7.2 provides: “Design development to respect
natural setting: Require that new development respect, integrate with, and complement
the natural features of the land including conforming building massing to topographic
forms, restricting grading of steep slopes, and encouraging the preservation of visual
horizon lines and significant hillsides as prominent visual features.”
The Draft Zoning Code Update amends the Municipal Code including Title 17 Zoning to
ensure compliance with the General Plan and is therefore consistent with the General
Plan 2050.
SECTION 8. ZONE CHANGE FINDINGS: Based upon the information set forth
in the agenda report(s), accompanying studies, the General Plan 2050 Program EIR and
appendices, and oral and written public testimony, the City Council finds that the
proposed Zoning Amendment No. 2023-01 is consistent with the General Plan 2050
including the Housing Element.
SECTION 9. EVIDENCE IN THE RECORD. Prior to taking action, the City
Council has heard, been presented with, reviewed and considered the information and
data in the record, including oral and written testimony presented for and during the public
hearing. The City’s independent consultants and City staff have reviewed and analyzed
the comments received on the Draft Zoning Code Update.
SECTION 10. ADOPTION OF SEGMENT 3 OF ZONING AMENDMENT NO.
2023-01. Based on the findings and conclusions set forth in the above sections, and
based on all the other evidence in the record, the City Council hereby approves
Segment 3 of Zoning Amendment No. 2023-01.
SECTION 11. SEVERABILITY. If any section, subsection, sentence, clause,
phrase, part or portion of this Ordinance is for any reason held to be invalid or
unconstitutional by any court of competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this Ordinance. The City Council declares that it
would have adopted this Ordinance and each section, subsection, sentence, clause,
phrase, part or portion thereof, irrespective of the fact that any one or more section,
subsections, sentences, clauses, phrases, parts or portions may be declared invalid or
unconstitutional.
SECTION 12. EFFECTIVE DATE. This Ordinance shall become effective 30 days
after its passage and adoption. A summary of this Ordinance shall, within 15 days after
passage, be published in accordance with Section 36933 of the Government Code of the
State of California with the names of the City Councilmembers voting for and against it.
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SECTION 13. PUBLICATION. The City Clerk shall certify to the passage and
adoption of this Ordinance; shall enter the same in the book of original ordinances of the
City; shall make a written record of the passage and adoption thereof in the minutes of
the proceedings of the City Council at which the same is passed and adopted; and shall
publish notice of adoption in the manner required by law.
PASSED AND ADOPTED this 19th of July, 2023.
__________________________________
Chris R. Enegren, Mayor
ATTEST:
___________________________________
Ky Spangler, City Clerk
Attachments:
Exhibit A: Segment 3 Zoning Ordinance Amendment Map
Exhibit B: Segment 3 Zoning Ordinance Text Amendments
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Exhibit A
Segment 3 Zoning Ordinance Amendment Map
Segment 3 contains zoning map and designation amendments of the property of the
business Mayor Enegren operates on Zachary Street and properties within 1,000 feet of
that property, which are proposed to change from M-1 Light Industrial with a 0.38 floor
area ratio to I-F - Industrial Flex with a 1.0 floor area ratio.
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City of Moorpark Public Information and Legislative Affairs Division
June 29, 2023
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Exhibit B
Segment 3 Zoning Ordinance Text Amendments
Segment 3 contains the Zoning Text Amendments pertaining to adding the I-F Industrial
Flex Zone and the applicable development standards, including proposed Zoning Code
Sections 17.12.010 (N), 17.16.060(C), 17.20.060 (Column I-F), and 17.24.035 (Table
17.24.035, Column I-F). On file with the Community Development Department.
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