HomeMy WebLinkAboutAGENDA REPORT 2023 1004 CCSA REG ITEM 11ACITY OF MOORPARK, CALIFORNIA
City Council Meeting
of October 4, 2023
ACTION ADOPTED ORDINANCE NO. 518.
(ROLL CALL VOTE: 4-0, MAYOR
ENEGREN ABSENT)
BY A. Hurtado.
A. Consider Ordinance No. 518 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. Staff
Recommendation: Waive full reading, declare Ordinance No. 517 read for the
second time, and adopted as read. (Staff: Carlene Saxton, Community
Development Director) (ROLL CALL VOTE REQUIRED)
Item: 11.A.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: Carlene Saxton, Community Development Director
DATE: 10/04/2023 Regular Meeting
SUBJECT: Consider Ordinance No. 518 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
SUMMARY
The attached Ordinance was introduced for first reading at the September 6, 2023, at
which time minor amendments were requested by the City Council to remove the
proposed self-storage or mini-storage uses in the Industrial-Flex Zone with a Conditional
Use Permit (CUP).
Accordingly, the first recital of the Ordinance has been amended to strike “self-storage”
and Exhibit A to the Ordinance has been amended to strike CUP from the Industrial-Flex
column for self-storage and mini-storage uses. The attached Ordinance shows these
revisions in legislative format for clarity. No other changes have been made.
Item: 11.A.
225
ORDINANCE NO. 518
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
Item: 11.A.
226
Ordinance No. 518
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.
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Ordinance No. 518
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.
228
Ordinance No. 518
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.
229
Ordinance No. 518
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.
230
Ordinance No. 518
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 4th day of October, 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)
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Ordinance No. 518
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
232