The URL can be used to link to this page

Home My WebLink AboutORD 529 2025 0903 ORDINANCE NO. 529 AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA APPROVING ZONING ORDINANCE AMENDMENT CD-ZCA-2025-0006 MODIFYING TABLE 17.20.060(E)(8) OF THE MOORPARK MUNICIPAL CODE TO PROHIBIT ENERGY STORAGE WITHIN A BUILDING THROUGHOUT THE CITY WITHIN THE INDUSTRIAL PARK (M-1), LIMITED INDUSTRIAL (M-2), INSTITUTIONAL (I), AND INDUSTRIAL FLEX (I-F) ZONES AND MAKE A DETERMINATION OF EXEMPTION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) IN CONNECTION THEREWITH WHEREAS, on May 21, 2025, the City Council directed staff to amend the current zoning regulations for battery energy storage systems within a building from a conditionally permitted use to a prohibited use by amending table 17.20.060(E)(8) titled "Permitted Uses in Commercial and Industrial Zones"; and WHEREAS, Zoning Ordinance Amendment No. CD-ZCA-2025-0006 now proposes to amend Table 17.20.060(E)(8) of the City of Moorpark Municipal Code to prohibit energy storage within a building within the Industrial Park (M-1), Limited Industrial (M-2), Institutional (I), and Industrial Flex (I-F) zones; and WHEREAS, at a duly noticed public hearing on June 24, 2025, the Planning Commission considered Zoning Ordinance Amendment No. CD-ZCA-2025-0006, 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 adopted Resolution No. PC-2025-0006 recommending approval to the City Council; and WHEREAS, at a duly noticed public hearing on July 16, 2025, the City Council considered Zoning Ordinance Amendment No. CD-ZCA-2025-0006, 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) Section 15061(b)(3) the Community Development Director has determined that Zoning Ordinance Amendment No. CD-ZCA-2025-0006 is exempt from environmental review because it can be seen with certainty that there is no possibility that the proposed action would result in a significant effect on the environment and adoption of a Municipal Code Text Amendment does not create a significant effect on the environment because it would limit land uses in particular zoning districts within the City, therefore no further environmental documentation is required. Ordinance No. 529 Page 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES 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, the Zoning Ordinance Amendment No. CD-ZCA-2025-0006 (attached as Exhibit A and incorporated herein by this reference), and upon other substantial evidence that has been presented at the hearing and in the record of this proceeding. SECTION 3. ENVIRONMENTAL DETERMINATION: The City Council concurs with the determination of the Community Development Director that Zoning Ordinance Amendment No. CD-ZCA-2025-0006 is exempt from environmental review pursuant to Section 15061(b)(3) of the State CEQA Guidelines because it can be seen with certainty that there is no possibility that the proposed action would result in a significant effect on the environment. Therefore, no further environmental analysis is required pursuant to CEQA. SECTION 4. GENERAL PLAN CONSISTENCY: Zoning Ordinance Amendment No. CD-ZCA-2025-0006 implements the goals and policies of General Plan 2050 and is found consistent with the requirements of the Plan. These include, but are 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." The proposed Zoning Ordinance Amendment updates the Code to prohibit undesirable land use of battery energy storage within a building. B. General Plan 2050 Implementation Program LU-I10 regarding "Code and Ordinances 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." The proposed Zoning Ordinance Amendment updates the Code to prohibit the undesirable land use of battery energy storage within a building. Ordinance No. 529 Page 3 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." The proposed Zoning Ordinance Amendment updates the Code to prohibit undesirable land use of battery energy storage within a building to appropriately accommodate growth that complements Moorpark. D. 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 prohibits energy storage within a building in the Industrial Park (M-1), Limited Industrial (M-2), Institutional (I), and Industrial Flex (I-F) zones to assure compatibility within the permitted uses in the commercial and industrial zones table. E. General Plan 2050 Policy LU 6.7 provides: "Protection from environmental hazards: Prohibit or effectively control land uses that pose potential environmental hazards to Moorpark's neighborhoods and districts." The proposed Zoning Ordinance Amendment supports the goals by prioritizing public safety, reducing fire risk in areas designated as Very High Fire Hazard Severity Zones, and maintaining compatibility between land uses - particularly near residential neighborhoods. F. General Plan 2050 Policy LU 16.1 provides: "Support a variety of industrial uses, including green industries, that offer job opportunities for Moorpark's residents and revenues to the city without compromising environmental quality." The proposed Zoning Ordinance Amendment prohibits energy storage within a building in the Industrial Park (M-1), Limited Industrial (M-2), Institutional (I), and Industrial Flex (I-F) zones prohibiting a generally low-employment land use in key industrial areas, as the City is prioritizing remaining industrial land for more job-intensive uses. This strategic land use decision aligns with the City Council's intent to foster employment growth and expand the local economy, while continuing to support environmentally responsible development in industrial zones. G. 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 prohibits energy storage within a building in the Industrial Park (M-1), Limited Industrial (M-2), Institutional (I), and Industrial Flex (I-F) zones to support broader uses that are appropriately located and designed to be compatible with surrounding development. Zoning Ordinance Amendment No. CD-ZCA-2025-0006 amends Table 17.20.060(E)(8) of the Municipal Code to ensure compliance with the General Plan and is therefore consistent with General Plan 2050. Ordinance No. 529 Page 4 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. CD-ZCA-2025-0006. SECTION 7. ADOPTION OF ZONING ORDINANCE AMENDMENT NO. CD- ZCA-2025-0006: Based on the findings and conclusions set in the above sections, and based on all other evidence in the record, the City Council hereby approves Zoning Ordinance Amendment CD-ZCA-2025-0006, including the Municipal Code text revisions described in Exhibit A. 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 thirty (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 3rd day of September, 2025 Chris R. Ene• en, Mayor ATTEST: PP. , Ky S a er, Cit lerk Orriblk_ 4.002/44 'I' '! Exhibit A: Zoning Ordinance Amendment No. CD-ZCA-2025-0006 Text 0 1?. ,oar Ordinance No. 529 Page 5 EXHIBIT A ZONING ORDINANCE AMENDMENT NO. CD-ZCA-2025-0006 DRAFT ZONING ORDINANCE AMENDMENT TEXT Table 17.20.060(E)(8) of the Municipal Code shall be amended as shown below, where underlined indicates new text and strikethrough indicates removed 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- C- C-P-D C-OT M-1 M-2 I I-F 1 C-2 8. Energy storage within a building — — — — cur cur OUP cur r � w✓ Ordinance No. 529 Page 6 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) CERTIFICATION I, Ky Spangler, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 529 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 3rd day of September, 2025 and that the same was adopted by the following vote: AYES: Councilmembers Barrett, Castro, Delgado, Means, and Mayor Enegren NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 3rd day of September, 2025. Ky Spa ler City Clerk (seal) - -at=0" to111: 4111,