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HomeMy WebLinkAboutRES PC 2023 696 2023 0622RESOLUTION NO. PC-2023-696 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF SEGMENT 5 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. The Planning Commission, by separate resolutions PC-2023-692, PC-2023-693, PC-2023- 694, and PC-2023-695, respectively, has made recommendations that the City Council adopt Segments 1 through 4 of Zoning Ordinance Amendment No. 2023-01. This Segment 5 contains all properties within the City of Moorpark and all proposed Moorpark Municipal Code text amendments not included in Segments 1 through 4 of Zoning Ordinance Amendment No. 2023-01; 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 Resolution No. PC-2023-696 Page 2 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 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 Resolution No. PC-2023-696 Page 3 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 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 Resolution No. PC-2023-696 Page 4 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 projects with the procedures, permitted uses, and development standards specified by the Municipal Code, Title 17 Zoning. Periodically, review and amend as necessary to Resolution No. PC-2023-696 Page 5 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-2023-696 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 5 of Zoning Ordinance Amendment No. 2023-01, as reflected in Exhibit A and Exhibit B attached to this Resolution, with the following revisions to Exhibit B: A. Revision to Table 17.20.060(E)(8) to clarify the intent to require that Energy Storage Facilities shall be fully screened from public view, rights-of-way, and adjacent properties, but not mandated to be within a building; B. Revision to Table 17.24.055 Footnote 3 to remove the limitation of three stories while maintaining a maximum height of 60 feet; Resolution No. PC-2023-696 Page 7 C. Revision to Section 17.24.025 and 17.24.055 to not require onsite publicly accessible recreational facilities equal to at least 15% of the project lot area for lots less than 20,000 square feet; D. Revision to Finding 3 of Sections 17.44.040 (B) Administrative Permits and 17.44.040 (B) Planned Development Permits to be revised as follows: “3. The proposed development would be served by adequate infrastructure including but not limited to access to public roadways, water, sewer, gas and / or electrical services, etc., and the development would not pose a health or safety concern or be if located in a mapped hazard zone, the development is designed to meet regulatory requirements to minimize health and safety concerns.”; E. Revisions to remove all references to the Single-family Estate (R-O) Zone which shall be combined with Rural Exclusive (RE) Zone on the Draft Zoning Map and throughout the Draft Zoning Code. Generally, the R-O Zone references would be removed from the Title 17 Zoning in Section 17.12, Table 17.20.050, Table 17.24.020, and Table 17.28.030; F. Revision to Table 17.28.030 (B) Footnote C to include the terms “ponies” and “burros” which were previously removed from the text; G. Revision to remove a typographical error in Section 16.60.020 as shown below: “16.60.020 Approving authority. The Community Development Director or their designee shall review an application for an Urban Lot Split. The Community Development Department shall determine e if the application meets the eligibility requirements for an Urban Lot Split. Upon approval of a ministerial Urban Lot Split application, the City Engineer shall cause to be recorded a map of the approved Urban Lot Split.”; H. Revision to Section 17.08.010 Application of Definitions for the term “Valve Apparatus”, as shown below: “Valve Apparatus” means any flow control device used to handle and control the flow of gases, water, or other liquids such as liquefied petroleum, oxygen, and sour and natural gas.”; I. Revision to Sections 17.24.025 (C)(1) and 17.24.060 (J)(1) as shown below: “1. Onsite recreational and personal resident amenities that equal at least 100 cubic feet per residential unit. Such amenities may include, but are not limited to swimming pool, playground, fitness room, community room, BBQ area, outdoor seating area within a landscaped area, or other amenity as approved by the Resolution No. PC-2023-696 Page 8 entitlement review body. Walkways and general landscape areas are not considered part of onsite residential amenities.”; J. Revisions to Sections 17.24.025 (D)(2) and 17.24.060 (K)(2) as shown below: “2. A private, enclosed, secure, locking storage area of at least 100 square cubic feet within or adjacent to each residential unit. This area may be accounted within a garage, carport or adjacent to a residential unit. The storage area is intended to allow for storage of personal items, such as bicycles, tools, outdoor furniture, etc.”; K. Revisions to Sections 17.24.025 (C)(3) and 17.24.060.J(3) as shown below: “3. Private or semi-private outdoor patio, porch, yard or other private or semi- private space shall be provided to each residential unit. Such area shall measure at least 50 square feet. The area is intended for use by residents for activities such as outdoor dining, cooking or gathering and shall be accessible directly from the residential unit. Outdoor patios are not intended for storage.”; L. Revise Section 17.24.025 (E)(5) as shown below. “5. Garage Conversions. Conversions of existing garages into habitable space is permitted only when replaced with the equivalent covered parking as required by Chapter 17.32 (Parking, Access and Landscaping Requirements) or such that was provided at the time the dwelling was constructed, whichever is less unless otherwise allowed pursuant to Section 17.28.020.G for accessory dwelling units.”; M. Revise Section 17.24.060.B as shown below: “B. Stepback Design and Use 1. Non-residential stepbacks fronting a residential land use. i. Public access to the stepback area shall be regulated not be permitted and the stepback area shall not be used for seating or outside activity. ii. No mechanical equipment or materials shall be placed or stored in the setback area visible to an observer on the ground. 2. Residential stepback area fronting a street or residential use. i. The wall or railing shall be at least 452 inches in height and be solid to prevent views onto the stepback area from the ground. ii. No mechanical equipment or materials shall be placed or stored in the setback area visible to an observer on the ground.”; N. Revise Section 17.24.060 (D)(1)(ii) as shown below: “ii. Primary non-residential use entrances shall not be located adjacent to facing an alley, parking, or service driveway.”; Resolution No. PC-2023-696 Page 9 O. Revise Section 17.24.060 (D) as shown below: “Roof Appurtenance and Mechanical Equipment Screening. All roof appurtenances including, but not limited to, air conditioning units, roof access ladders, and mechanical equipment shall be located below the lowest roof parapet that exists on the building to ensure that it is fully screened from view from on-site parking areas, adjacent public streets and adjacent residentially zoned property. When ladders or other emergency access equipment is required above the roof parapet, such equipment shall be painted or treated to be match the structure for screening purposes. When groundmounted mechanical equipment is used including, but not limited to heating and air conditioning units, such equipment shall be completely screened from surrounding properties by use of a wall or fence or shall be enclosed within a building. Structural and design plans for any required screening under the provisions of this section shall be approved by the community development director and building official.”; P. Revise Section 17.32.070 (F) as shown below: “F. Underground parking and multi-floor parking facilities shall provide enhanced landscaped areas at the entrance and exits of the underground facility, equally to at least 2% of the parking area, unless fully enclosed and screened within a building. Landscaping that cannot be provided adjacent to the entrance and exit to the parking structure shall be incorporated on the project frontages.”; Q. Revise Section 17.32.120(3) as shown below: “3. If the recreational vehicle is parked or stored in the side yard, it must be adjacent to the dwelling or garage and must not extend or protrude beyond the front line of the dwelling or garage, whichever is adjacent to the parking area, and must be parked at least three (3) feet from the side property line and shall be screened by mature landscape that shall not protrude, overhang or impede onto the property line.”; R. Revise Section 17.32130(5) as shown below: “5. Waiver of requirement that parking spaces be in garages or carports- When the parking provisions of this article require that parking spaces for apartments or multi-family residential projects be provided in garages or carports, some parking spaces may be provided uncovered or in carports, as determined by the decisionmaker on the basis of findings that uncovered parking spaces or carports will improve the appearance of the project by reducing the number of garages and creating more open vistas or landscaped or recreational areas within the project; provided, however, that despite such waiver at least one parking space shall be provided in a garage or carport for each residential unit; and further provided that the decisionmaker may deny all or part of the requested administrative relief on Resolution No. PC-2023-696 Page 10 the ground that the benefits of providing some or all required parking spaces in garages or carports are more important than an improvement in the appearance of the project or an increase in open vistas or landscaped or recreational areas in the project. If administrative relief is granted to allow some parking spaces to be provided in carports, the carports shall be open on all sides, and the design and construction of the carports shall be subject to the approval of the director.”; S. Revise Section 17.36.050.D as shown below: “D. Minimize impact on adjacent uses. To minimize adverse impacts on adjacent uses and enhance the visual characteristic of the area, all industrial uses shall adhere to lighting design standards required in Section 17.30.065 and utilize masonry walls and or landscape screens as required in Section 17.24.040(F).”; T. Revise Section 17.08.010 Application of Definitions of “Veterinary office or hospital” and from Table 17.20.060, as shown below: “Definition: “Veterinary office or hospital” means a medical facility for small animals, like dogs, cats, birds, etc.” U. Revise Table 17.20.070 to change the use of No Zoning Clearance Required (NC) to Permitted (P) to align with the formatting of the Table as shown below: D. Accessory and Miscellaneous Uses 7. Maintenance and minor repair to buildings involving structural alterations NC P NC P NC P 4. Veterinary offices and small animal hospitals a. Without boarding (keeping of animals indoors and on—site for medical purposes shall not be considered boarding) ZC ZC ZC ZC ZC ZC — — ZC b. With boarding indoors or outdoors (8 or fewer animals) — — AP3 — AP3 AP — AP3 c. With boarding indoors or outdoors (9 or more animals) — — CUP — CUP CUP — — Resolution No. PC-2023-696 Page 11 V. Revise Section 17 .24 .040 (I) as shown below: "I. Testing . Whenever there is a question of conformance with a performance standard of this section or a condition of approval of the project, the property owner or operator ta-s ha ll engage the services of a qualified and or licensed professional for the type of testing needed .". SECTION 8 . FILING OF RESOLUTION: The Community Development Director shall cause a certified resolution to be filed in the book of original resolutions. The action of the foregoing direction was approved by the following vote: AYES: Commissioners Alva , Barrett, DiCecco, and Chair Landis NOES : ABSTAIN: ABSENT : PASSED, AND ADOPTED this 22nd day of June 2023 . ? ~_/ Carlene Saxto~-----. Community Development Director Attachments : EXHIBIT A: Draft Zoning Ordinance Amendment Map EXHIBIT B: Draft Zoning Ordinance Amendment Text Incorporated by Reference: Final Program Environmental Impact Report for General Plan 2050 and General Plan 2050 (available by reference by link www.moorparkca .gov/212/General-Plan ) Resolution No. PC-2023-696 Page 12 EXHIBIT A ZONING ORDINANCE AMENDMENT NO. 2023-01 DRAFT ZONING ORDINANCE AMENDMENT MAP CITY OF MOORPARK Proposed Zoning Map Parks, Open Space, Agriculture D Agricultural Exclusive [A·E] -Open Spa<e [O-S] -Open Space 500 Acre Lot Min. (0-5-SOOAC] Residential D Single Family Residential Low [R·L] D Si119le-Family Re<-..idential [R-1] D Medium Density Residential [R-2) -Multifamily Residential [R-3] ~ Trailer Park Development [TPO] Rural Residential ~ Rural Agricultural [R-A] CJ Rural Exclusive [R-E] Commercial D Neighborhood Commercial [C-1] -General Commercial [C-2] ~ Commercial Planned Development [C-P-D] ~ Ok:I Town Commercial (C-OT] ~ Commercial Office (C-0] Mixed Use -Mixed-Use Low [MUL] -Mixed-Use Medium [MUM] D Mixed-Use District [MUD) Industrial D Industrial Park [M-1} -Limited Indu~I [M-2] -lndustrialfle.x[l-F} Specific Plans D MOOfparic Highlands Specific: Pl.:in [SP 2] D carlsbergSpecific Plan [SP92-1] D HOch Rand, Spe<ific Plan [SP 1] Institutional Drn-tio<>al[l] ~ ~-... .,.., 0 5001.000 2.000 1,000 1,000 5.~ Source, The City of Moorpalf< 1i113 Date, 6/1/1013 Resolution No. PC-2023-696 Page 13 EXHIBIT B ZONING ORDINANCE AMENDMENT NO. 2023-01 DRAFT ZONING ORDINANCE AMENDMENT TEXT