Loading...
HomeMy WebLinkAboutAGENDA REPORT 2023 0906 CCSA REG ITEM 08ACITY OF MOORPARK, 
CALIFORNIA City Council Meeting of September 6, 2023 ACTION APPROVED STAFF RECOMMENDATIONS INCLUDING INTRODUCTION OF ORDINANCE NO. 518, AS AMENDED. (ROLL CALL VOTE: UNANIMOUS) BY A. Hurtado. A. Consider Ordinance Approving Zoning Ordinance Amendment No. 2023-02 to Modify Table 17.20.060(D)(6) and (8) of the Moorpark Municipal Code to Allow Self-storage and Welding within the Industrial Flex Zone with an Approved Conditional Use Permit and Making a Determination of Consistency with the General Plan 2050 Program Environmental Impact Report Pursuant to the California Environmental Quality Act in Connection Therewith. Planning Commission Recommendation: 1) Open the public hearing, accept public testimony, and close the public hearing; and 2) Introduce Ordinance No. 518: a) making a determination that Zoning Ordinance Amendment No. 2023-02 is consistent with 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; and b) approving Zoning Ordinance Amendment No. 2023-02. (Staff: Doug Spondello, Deputy Community Development Director) (ROLL CALL VOTE REQUIRED) Item: 8.A. MOORPARK CITY COUNCIL AGENDA REPORT TO: Honorable City Council FROM: Doug Spondello, AICP, Deputy Community Development Director DATE: 09/06/2023 Regular Meeting SUBJECT: Consider Ordinance Approving Zoning Ordinance Amendment No. 2023-02 to Modify Table 17.20.060(D)(6) and (8) of the Moorpark Municipal Code to Allow Self-storage and Welding within the Industrial Flex Zone with an Approved Conditional Use Permit and Making a Determination of Consistency with the General Plan 2050 Program Environmental Impact Report Pursuant to the California Environmental Quality Act in Connection Therewith BACKGROUND On July 19, 2023, the City Council adopted an ordinance approving a comprehensive update to the Zoning Code to align the Code with the adopted General Plan 2050. Following this decision, staff identified that certain uses within the Industrial Flex Zone were not implemented with the Zoning Code update, in accordance with the General Plan. The Industrial Flex Zone (I-F) was developed to allow a wider mix of industrial and commercial uses on lots previously zoned for industrial uses. This designation was also intended to serve basic or more conventional industrial uses that are permitted in the Industrial Park (M-1) and Limited Industrial (M-2) zoning designations. Below is a summary of the purpose and intent of the I-F Zone, as noted in Zoning Code Section 17.16.060 (emphasis added in bold). Industrial Flex (I-F) Zone. The purpose of this Zone is to provide a broader mix of light industrial and specialty or destination commercial uses, as well as provide services for employees and businesses located within the vicinity. Examples of uses include makerspaces, small business incubators or start-up spaces, business offices and service-based commercial uses such as restaurants, brew pubs, coffee houses, and similar uses that activate the area in the evening and weekends. On August 1, 2023, the Planning Commission conducted a public hearing to consider Zoning Ordinance Amendment No. 2023-02. No public comments were provided. Following deliberation, the Commission adopted Resolution No. PC-2023-698 Item: 8.A. 1 Honorable City Council 09/06/2023 Regular Meeting Page 2 (Attachment 1) by a vote of 4-1 recommending that the Council find consistency of the action with the Program Environmental Impact Report (EIR) for General Plan 2050 and approve the Zoning Ordinance Amendment. DISCUSSION While the Zoning Code Update establishes new development standards and allows for broader mix of uses within the industrial areas, it did not permit self-storage and welding, two uses which were contemplated to be allowed by General Plan 2050. Both uses are currently permitted in the M-1 and M-2 Zones. The proposed Zoning Ordinance Amendment modifies Table 17.20.060 to allow self- storage and welding in Industrial Flex with a Conditional Use Permit (CUP) approved by the Planning Commission. These changes are shown in the condensed table below where new text is indicated with an underline: Table 17.20.060 PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES — = Not permitted P = Permitted AP = Administrative Permit ZC = Permitted by Zoning Clearance TUP = Permitted by Temporary Use Permit CUP = Permitted by Conditional Use Permit C-O C-1 C-P-D C-2 C-OT M-1 M-2 I I-F D. Manufacturing, Assembly, Distribution, and Warehousing Uses 6. Self—storage or mini—storage when not located on parcels adjacent to arterial roads or freeways as shown on the Moorpark Circulation Element Moorpark Network Map and with or without a caretaker dwelling — — — — CUP CUP — CUP 8. Welding — — — — AP AP — CUP Self-storage uses are proposed to be permitted on M-1, M-2, and I-F zoned properties when not adjacent to designated arterial roads and freeways. The General Plan 2050 Circulation Element identifies these arterial roadways as: Arroyo Drive Los Angeles Avenue Collins Drive Moorpark Avenue/Walnut Canyon Road Campus Park Drive North Hills Parkway Princeton Avenue Gabbert Road/Tierra Rejada Road Spring Road SR118 and SR23 Freeways 2 Honorable City Council 09/06/2023 Regular Meeting Page 3 Self-storage uses are supportive of adjacent commercial and residential development. These facilities also are typically designed to be secure, deter crime, and generate low traffic. With the requirement to obtain a CUP approved by the Planning Commission, the Commission retains the ability to consider the appropriateness of the location and proposed development in the I-F Zone, as it currently does in the M-1 and M-2 Zones. Welding has traditionally been industrial use that supports the manufacturing and repair of a variety of products, including fencing, automotive, and others. Currently this use requires an approved Administrative Permit within the M-1 and M-2 Zones. With the requirement to obtain a CUP approved by the Planning Commission, the Commission will have the ability to consider the appropriateness of the location and proposed development in the I-F Zone. GENERAL PLAN CONSISTENCY The proposed amendment to the Zoning Code has been prepared to implement the new goals and policies identified in the General Plan 2050 and to expand the permitted uses in the I-F Zone to include those contemplated in M-1 and M-2. Therefore, the proposed Zoning Ordinance Amendment is consistent and implements the objectives of the General Plan 2050. This action is also consistent with the goals and policies of General Plan 2050, as outlined in the Draft Ordinance (Attachment 2). ENVIRONMENTAL DETERMINATION The Community Development Director has determined that the proposed update to the permitted uses in the I-F Zone relies on and is consistent with the environmental analysis conducted as part of the General Plan 2050 Update (incorporated by reference). On May 3, 2023, the City Council adopted Resolution No. 2023-4173 which certified the Final Program EIR for the General Plan 2050. 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 CEQA. The Program EIR (State Clearinghouse Number 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. The proposed changes implement 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. Therefore, the impacts associated with the proposed changes are within the scope of those previously analyzed by the Program EIR and are found consistent and conforming to the General Plan 2050; therefore the proposed amendments to the Zoning Code are within the scope of the Program EIR for the General Plan 2050. Future projects may warrant further analysis of their impacts on the environment which are not found consistent with the analysis prepared in the Program EIR. 3 Honorable City Council 09/06/2023 Regular Meeting Page 4 PUBLIC NOTICING Staff has provided the required noticing associated with the Zoning Code Update hearing in accordance with State Law. This included a 1/8-page notice of public hearing published in the Ventura County Star on August 25, 2023. Notification was also posted on the City website. FISCAL IMPACT No fiscal impacts are directly associated with this action. CITY COUNCIL GOAL COMPLIANCE This action does not support a current strategic directive; however, it supports the implementation of General Plan 2050. PLANNING COMMISSION RECOMMENDATION (ROLL CALL VOTE REQUIRED) 1. Open the public hearing, accept public testimony, and close the public hearing; and 2. Introduce Ordinance No. ___: a) making a determination that Zoning Ordinance Amendment No. 2023-02 is consistent with 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; and b) approving Zoning Ordinance Amendment No. 2023-02. Attachment 1: Planning Commission Resolution No. PC-2023-698 Attachment 2: Draft Ordinance No. ___, including: Exhibit A: Zoning Ordinance Amendment Text INCORPORATED BY REFERENCE General Plan 2050 and Final Program Environmental Impact Report (State Clearinghouse No. 2022050327) - https://www.moorparkca.gov/212/General-Plan 4 RESOLUTION NO. PC-2023-698 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONING ORDINANCE AMENDMENT NO. 2023-02 FOR THE CITY OF MOORPARK AND MAKING A DETERMINATION THAT THIS ACTION 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, prior to Zoning Ordinance Amendment No. 2023-01, the City of Moorpark Zoning Code had not been comprehensively updated in more than 30 years and required 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- 02 which proposes to amend Table 17.20.060(D)(6) and (8) of the City of Moorpark Municipal Code to allow self storage and welding within the Industrial Flex Zone with an approved Conditional Use Permit in order to further implement General Plan 2050; 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. 2023-02 to revise the permitted uses within the Industrial Flex Zone as envisioned by the recently adopted General Plan 2050 and to ensure consistency between the City’s Zoning Ordinance and General Plan 2050; and WHEREAS, at a duly noticed public hearing on August 1, 2023, the Planning Commission considered Zoning Ordinance Amendment No. 2023-02, including the agenda report and any supplements thereto and written public comments, opened the ATTACHMENT 1 5 Resolution No. PC-2023-698 Page 2 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. 2023-02 relies on and is consistent with the environmental analysis conducted as part of the General Plan 2050. The Draft Zoning Ordinance Amendment No. 2023-02 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. 2023-02 (attached as Exhibit A 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 Zoning Ordinance Amendment No. 2023-02 is consistent with, and within the scope of, the 6 Resolution No. PC-2023-698 Page 3 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 Zoning Ordinance Amendment No. 2023-02. C. Zoning Ordinance Amendment No. 2023-02 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 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. Zoning Ordinance Amendment No. 2023-02, Moorpark General Plan 2050, the Final Program EIR, Mitigation Monitoring and Reporting 7 Resolution No. PC-2023-698 Page 4 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: Zoning Ordinance Amendment No. 2023-02 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 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 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 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 proposed Zoning Ordinance Amendment amends the Zoning Code so that the uses permitted within the Industrial Flex zoning district reflects 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 3.4 provides: “Reuse of declining commercial properties: Promote the redevelopment of commercial centers and corridors that are 8 Resolution No. PC-2023-698 Page 5 underutilized, where businesses have closed, and do not exhibit supportable market demand for economically viable uses desired by the community.” The proposed Zoning Ordinance Amendment would provide options for land uses that support market demand and economically viable uses that serve the community. F. General Plan 2050 Policy LU 4.8 provides: “Support new industrial development adjacent to and as infill within existing industrial uses and along major transportation corridors.” The proposed Zoning Ordinance Amendment provides opportunities for desired industrial development as infill within existing industrial areas and near major transportation corridors. G. General Plan 2050 Policy LU 6.1 provides: “Land use compatibility: Require that development is located and designed to assure compatibility among land uses.” The proposed Zoning Ordinance Amendment permits additional uses in the Industrial Flex zone with an approved Conditional Use Permit. The Conditional Use Permit approval requires findings regarding land use compatibility that are consistent with this Policy. H. General Plan 2050 Goal LU 16 provides: “A diversity of industrial uses that are located and designed in a compatible manner with surrounding land uses”. The proposed Zoning Ordinance Amendment enhances the diversity of uses permitted in the Industrial Flex zone in a manner that is compatible with uses and development in the vicinity. The proposed Zoning Ordinance Amendment permits additional uses in the Industrial Flex zone with an approved Conditional Use Permit. The Conditional Use Permit approval requires findings regarding land use compatibility that are consistent with this Policy. Zoning Ordinance Amendment No. 2023-02 amends Table 17.20.060(D)(6) and (8) of the Municipal Code 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 Zoning Ordinance Amendment No. 2023-02. 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 Zoning Ordinance Amendment No. 2023-02. 9 Resolution No. PC-2023-698 Page 6 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, Di Cecco, Hamalainen, and Chair Landis NOES: Commissioner Barrett ABSTAIN: ABSENT: PASSED, AND ADOPTED this 1st day of August 2023. Kipp Landis Chair Carlene Saxton Community Development Director Attachments: EXHIBIT A: Zoning Ordinance Amendment No. 2023-02 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) 10 Resolution No. PC-2023-698 Page 7 EXHIBIT A ZONING ORDINANCE AMENDMENT NO. 2023-02 DRAFT ZONING ORDINANCE AMENDMENT TEXT Table 17.20.060(D)(6) and (8) of the Municipal Code shall be amended as shown below, where underlined indicates new text: Table 17.20.060 PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES — = Not permitted P = Permitted AP = Administrative Permit ZC = Permitted by Zoning Clearance TUP = Permitted by Temporary Use Permit CUP = Permitted by Conditional Use Permit C-O C-1 C-P-D C-2 C-OT M-1 M-2 I I-F D. Manufacturing, Assembly, Distribution, and Warehousing Uses 6. Self—storage or mini—storage when not located on parcels adjacent to arterial roads or freeways as shown on the Moorpark Circulation Element Moorpark Network Map and with or without a caretaker dwelling — — — — CUP CUP — CUP 8. Welding — — — — AP AP — CUP 11 ORDINANCE NO. _____ AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING ZONING ORDINANCE AMENDMENT NO. 2023-02 FOR THE CITY OF MOORPARK, AMENDING CHAPTER 17.20.060 OF TITLE 17 (ZONING), AND MAKING A DETERMINATION THAT THIS ACTION 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, prior to Zoning Ordinance Amendment No. 2023-01, the City of Moorpark Zoning Code had not been comprehensively updated in more than 30 years and required 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. 2023-02 which proposes to amend Table 17.20.060(D)(6) and (8) of the City of Moorpark Municipal Code to allow self-storage and welding within the Industrial Flex Zone with an approved Conditional Use Permit in order to further implement General Plan 2050; 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. 2023-02 to revise the permitted uses within the Industrial Flex Zone as envisioned by the recently adopted General Plan 2050 and to ensure consistency between the City’s Zoning Ordinance and General Plan 2050; and WHEREAS, at a duly noticed public hearing on August 1, 2023, the Planning Commission considered Zoning Ordinance Amendment No. 2023-02, 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 ATTACHMENT 2 12 Ordinance No. ___ Page 2 proposal, and adopted Resolution No. PC-2023-698 recommending approval to the City Council; and WHEREAS, at a duly noticed public hearing on September 6, 2023, the City Council considered the proposed Zoning Ordinance Amendment No. 2023-02, 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 has 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, and 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. 2023-02 relies on and is consistent with the environmental analysis conducted as part of the General Plan 2050. The Draft Zoning Ordinance Amendment No. 2023-02 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 CITY COUNCIL OF THE CITY OF MOORPARK, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. RECITALS. The City Council finds that all of the facts set forth in the Recitals to this Ordinance are true and correct and incorporated herein. SECTION 2. FINDINGS AND EVIDENCE. The findings made in this Ordinance are based upon the information and evidence set forth in the Recitals to this Ordinance, Zoning Ordinance Amendment No. 2023-02 (attached as Exhibit A 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), the recommendation of the Planning Commission, and upon other substantial evidence that has been presented at the hearing and in the record of this proceeding. 13 Ordinance No. ___ Page 3 SECTION 3. ENVIRONMENTAL DETERMINATION: The City Council concurs with the determination of the Community Development Director that Zoning Ordinance Amendment No. 2023-02 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 Zoning Ordinance Amendment No. 2023-02. C. Zoning Ordinance Amendment No. 2023-02 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 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. 14 Ordinance No. ___ Page 4 SECTION 4. MATERIALS ON FILE. Zoning Ordinance Amendment No. 2023-02, 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 5. GENERAL PLAN CONSISTENCY: Zoning Ordinance Amendment No. 2023-02 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 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.” 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 proposed Zoning Ordinance Amendment amends the Zoning Code so that the uses permitted within the Industrial Flex zoning district reflects the land use designations in the General Plan 2050 Land Use Element and is therefore consistent with the General Plan 2050. 15 Ordinance No. ___ Page 5 E. 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.” The proposed Zoning Ordinance Amendment would provide options for land uses that support market demand and economically viable uses that serve the community. F. General Plan 2050 Policy LU 4.8 provides: “Support new industrial development adjacent to and as infill within existing industrial uses and along major transportation corridors.” The proposed Zoning Ordinance Amendment provides opportunities for desired industrial development as infill within existing industrial areas and near major transportation corridors. G. General Plan 2050 Policy LU 6.1 provides: “Land use compatibility: Require that development is located and designed to assure compatibility among land uses.” The proposed Zoning Ordinance Amendment permits additional uses in the Industrial Flex zone with an approved Conditional Use Permit. The Conditional Use Permit approval requires findings regarding land use compatibility that are consistent with this Policy. H. General Plan 2050 Goal LU 16 provides: “A diversity of industrial uses that are located and designed in a compatible manner with surrounding land uses”. The proposed Zoning Ordinance Amendment enhances the diversity of uses permitted in the Industrial Flex zone in a manner that is compatible with uses and development in the vicinity. The proposed Zoning Ordinance Amendment permits additional uses in the Industrial Flex zone with an approved Conditional Use Permit. The Conditional Use Permit approval requires findings regarding land use compatibility that are consistent with this Policy. In summation of the findings above, Zoning Ordinance Amendment No. 2023-02 amends Table 17.20.060(D)(6) and (8) of the Municipal Code 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 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 Zoning Ordinance Amendment No. 2023-02. SECTION 7. ADOPTION OF ZONING ORDINANCE AMENDMENT NO. 2023-02. 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 Zoning Ordinance Amendment No. 2023-02, including the Municipal Code text revisions described in Exhibit A. 16 Ordinance No. ___ Page 6 SECTION 8. 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 be declared invalid or unconstitutional. SECTION 9. 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. SECTION 10. 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 said 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 __ day of _______, 2023. Chris R. Enegren, Mayor ATTEST: Ky Spangler, City Clerk Attachment: Exhibit A: Zoning Ordinance Amendment No. 2023-02 Text Incorporated by Reference: Final Program Environmental Impact Report for General Plan 2050 and General Plan 2050 (available for reference by link www.moorparkca.gov/212/General-Plan) 17 Ordinance No. ___ Page 7 EXHIBIT A ZONING ORDINANCE AMENDMENT NO. 2023-02 DRAFT ZONING ORDINANCE AMENDMENT TEXT Table 17.20.060(D)(6) and (8) of the Municipal Code shall be amended as shown below, where new text is indicated with an underline: Table 17.20.060 PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES — = Not permitted P = Permitted AP = Administrative Permit ZC = Permitted by Zoning Clearance TUP = Permitted by Temporary Use Permit CUP = Permitted by Conditional Use Permit C-O C-1 C-P-D C-2 C-OT M-1 M-2 I I-F D. Manufacturing, Assembly, Distribution, and Warehousing Uses 6. Self—storage or mini—storage when not located on parcels adjacent to arterial roads or freeways as shown on the Moorpark Circulation Element Moorpark Network Map and with or without a caretaker dwelling — — — — CUP CUP — CUP 8. Welding — — — — AP AP — CUP 18