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Home My WebLink AboutRES PC 2023 693 2023 0622RESOLUTION NO. PC-2023-693 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF SEGMENT 2 OF ZONING ORDINANCE AMENDMENT NO. 2023-01 FOR THE CITY OF MOORPARK ZONING CODE AND ZONING MAP 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 THERE WITHIN 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 Title 17 (Zoning) of the Moorpark Municipal Code; and WHEREAS, the Zoning Code Update has been divided into several segments. This Segment 2 involves the change to the zoning designation of Commissioner Barrett’s property on Walnut Canyon Road from RE-5AC (4 dwelling units/acre) to RA (1 dwelling unit/acre) and the change in zoning designations of properties within 1,000 feet of his property which include changes from zoning designations RE-5AC (4 dwelling units/acre) to RA (1 dwelling unit/acre) and RPD-1.8U (1.8 dwelling units/acre) to R-L (3 dwelling units/acre). This segment also contains the zoning text proposing to amend paragraph D of Section 17.28.030 of the Moorpark Municipal code pertaining to animal keeping on properties with a minimum area of five acres subject to a conditional use permit (as shown in the Zoning Ordinance on file with the City); 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 Resolution No. PC-2023-693 Page 2 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 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 reached a decision in this matter; 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 Community Development Director has 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. The Draft Zoning Ordinance Resolution No. PC-2023-693 Page 3 Amendment No. 2023-01 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. 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. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. RECITALS. The Planning Commission finds that all of the facts set forth in the Recitals to this Resolution are true and correct and incorporated herein. SECTION 2. FINDINGS AND EVIDENCE. The findings made in this Resolution are based upon the information and evidence set forth in the Recitals to this Resolution, the Zoning Ordinance Amendment No. 2023-01 (attached as Exhibits A and B and incorporated herein by this reference), 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 3. ENVIRONMENTAL DETERMINATION: The Planning Commission concurs with the determination of the Community Development Director 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 Draft Zoning Ordinance Amendment implements the intent, policies, and goals of the General Plan 2050. In addition, the Zoning Code Update was identified Resolution No. PC-2023-693 Page 4 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 Planning Commission 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 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 4. 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 Resolution 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 Planning Commission in this Resolution. SECTION 5. GENERAL PLAN CONSISTENCY: 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 plan. More specifically, but not limited to: A. General Pan 2050 Implementation Program LU-I9 regarding “Zoning Ordinance Implementation” provides: “Require conformance of proposed development Resolution No. PC-2023-693 Page 5 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 Pan 2050 Implementation Program LU-I10 regarding “Zoning Ordinance Implementation” provides: “Implement and periodically review and update Municipal Codes and Ordinances to ensure compliance 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.” C. General Pan 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.” Resolution No. PC-2023-693 Page 6 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.” 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 6. EVIDENCE IN THE RECORD. Prior to taking action, the Planning Commission 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 7. PLANNING COMMISSION RECOMMENDATION: Based on all the documents and other evidence presented in connection with this proceeding and in this Resolution, the Planning Commission recommends that the City Council approve Segment 2 of Zoning Ordinance Amendment No. 2023-01. Resolution No. PC-2023-693 Page 8 EXHIBIT A ZONING ORDINANCE AMENDMENT NO. 2023-01 DRAFT ZONING ORDINANCE AMENDMENT MAP Resolution No. PC-2023-693 Page 9 EXHIBIT B ZONING ORDINANCE AMENDMENT NO. 2023-01 DRAFT ZONING ORDINANCE AMENDMENT TEXT (On File with the City dated June 16, 2023)