HomeMy WebLinkAboutRES 1999 379 0809RESOLUTION NO. PC- 99 -379
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF MOORPARK, CALIFORNIA,
RECOMMENDING THAT THE CITY COUNCIL OF THE
CITY OF MOORPARK, ADOPT ZONING CODE
AMENDMENT 99 -06 TO AMEND TABLE 17.20.050 TO
INCORPORATE INTERMEDIATE CARE FACILITIES FOR
SEVEN OR MORE PERSONS WITHIN THE R -O
(SINGLE - FAMILY ESTATE) ZONE SUBJECT TO AN
APPROVED PLANNING COMMISSION CONDITIONAL USE
PERMIT.
WHEREAS, the City Council of the City of Moorpark having
received a request from the Tender Loving Care Facility to
consider a change to the Title 17 of the Municipal Code of the
City of Moorpark to permit intermediate care facilities for
seven or more persons within the RO (Single Family Estate) Zone
and determined that said amendment should be studied by the
Planning Commission and a recommendation for said amendment
submitted by the Planning Commission for subsequent City Council
public hearing and consideration, the City Council through
Resolution 99 -1636 referred said request to the Planning
Commission.
WHEREAS, Public Notice having been given in time, form, and
manner as required by law, the Planning Commission of the City
of Moorpark held a Public Hearing to consider Zone Code
Amendment 99 -06 on August 9, 1999.
WHEREAS, at its public hearings the Planning Commission
took testimony from all those wishing to testify on the project,
closed the public hearing on the project on August 9, 1999;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES RESOLVE AS FOLLOWS:
SECTION 1. Based upon the information and testimony
presented to the Planning Commission, including but not limited
to, staff reports and staff and public testimony, the Planning
Commission hereby makes the following findings:
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS:
1. That an environmental analysis of the project was
considered for Zoning Code Amendment 99 -06 and it has
been determined that in compliance with CEQA (Division
Planning Commission Resolution No. PC -99 -379
Page 2
13 of the Public Resources Code of the State of
California)and the City's CEQA Procedures, the project
is exempt.
ZONE CODE AMENDMENT FINDINGS:
3. The approval of Zone Code Amendment No. 99 -06 is
consistent with the City's General Plan AND Zoning
Code.
4. Adoption of Zoning Code Amendment 99 -06 removes an
inequity in the treatment and requirements for
intermediate care facilities currently extant within
the City's Zoning Code.
SECTION 2. The Planning Commission hereby recommends that
the City Council adopt an ordinance to amend the City Zoning
Code by amending Table 17.20.050 to incorporate intermediate
care facilities within the R -O Zone subject to approval of a
Planning Commission approved Conditional Use Permit as shown on
Attachment A.
THE ACTION WITH THE FOREGOING DIRECTION WAS APPROVED BY THE
FOLLOWING ROLL CALL VOTE:
AYES: Commissioners Haller, Parvin, Landis, Otto, DiCecco
NAYES:
PASSED AND ADOPTED THIS 9TH DAY OF AUGUST, 1999.
ATTEST:
Celia LaFleur, Secretary
�` ATTACHMENT "A" Zoning Code Amendment Table 17.20.050, amended.
17.20.040
N. Sales or leasing of commercial or industrial office
space within an existing building on the same site as the
unit or units being sold or leased;
O. Play mucuues, outdoor ftnnitum, and the like, which
are exempt from setback requirements pursuant to Section
17.24.040;
P. Temporary filming that meets any of the following
criteria:
1. Is for current news programs,
2. Is within an existing building,
3. Is during daylight hours for one (1) day in any seven
(7) day Period. provided that such filming does not involve
open flames, explosives, or the construction of sets or other
structures;
Q. Grading, except for that which is proposed within
an overlay zone and requires a discretionary permit pursuant
to Chapter 17.36;
R. The following types of retail sales from wheeled
vehicles, subject to the requirements of all other city
,departments:
L Trucks from which food is sold to employees of
commercial and industrial businesses along a predetermined
route, provided that such trucks are not in any location
for more than one -half hour per day, and
2. Vehicles parked on the site of a permitted swap
meet, carnival, outdoor festival or similar event and selling
food during such event. (Ord. 189 § 3 (8105 -3), 1994)
17.20.050 Permitted uses in open space,
agricultural and special purpose
zones.
Permitted uses in open space, agricultural and special
Purpose zones are set out in Table 17.20.050.
Note: An approved residential planned development
Permit is required for five (5) or more lots in the RA, RO,
R -1 and RE zones.
The key for Table 17.20.050 is as follows:
(Blank) Not permitted
♦ Permitted by zone clearance
■ Administrative permit
• Planning commission - approved planned
development perutit
0 City council - approved planned development
permit
O Planning commission- approved conditional
use permit
■ City council - approved conditional use permit
Table 17.20.050
PERMITTED USES IN OPEN SPACE, AGRICULTURAL AND
SPECIAL PURPOSE ZONES
Agriculture and agricultural operations (no retail except
as indicated).
Animal husbandry: Without structures'
With structures: total GFA per lot
Up to 1,000 sq. ft.
Over 1,000 to 5,000 sq. fL
Over 5,000 to 20,000 sq. ft
Over 20,000 to 100,000 sq. ft.
Over 100,000 sq. ft.
Apiculture=
Fish farms
More animals than ate permitted by Section
17.28.030C
Contractors' service and storage yards and buildings
Crop production'
Wholesale nursery
Firewood operations
Greenhouse, hothouses and the like: total GFA
per lot:'
Up to 1,000 sq. ft.
1,000 to 20,000 sq. ft.
310
OS AE RA RE RO R1 R2 RPD TP I
ATTACHMENT A
♦ ♦
O
♦ ♦
O
O O
O O
O O
O
O
O
O O
O
O O
O
O O
O
♦ ♦
O
ATTACHMENT A
20,000 to 100,000 sq. ft.
Over 100,000 sq. ft.
Packing or prelim. processing, within structures:
total GFA per lot:'
Up to 5,000 sq. ft
5,001 to 20,000 sq. ft.
20,001 to 100,000 sq. ft.
Over 100.000 sq. ft.
Timber growing and harvesting, and compatible uses
Dwellings, farm worker (more than one per lot)
Wineries
Up to 2,000 sq. ft. structure
2,001 to 20,000 sq. ft. structure
Over 20,000 sq. ft structure
With public tours or tasting rooms
Accessory structures
To animal husbandry:
Dwelling, caretaker
More than one per lot
Offices
To crop production, including storage
Dwelling, farm worker: On lots of 40 acres
or more
On lots less than 40 acres
More than one per lot
Offices
Produce stands, retail'
Accessory uses, including open storage
Fuel storage'
Insecticides for pest control
Packing, storage or prelim, processing of
crops: Without structure'
Airfields and landing pads and strips, private
Animals, nonagricultural (see also Dwellings, accessory
uses and structures)'
Kennels
Wild animals
Boardinghouses and bed- and- bteaWast jam
Care facilities' (see also H&SC and W&IC)
Day: Care of 12 or fewer persons (State law
requirement related to day care facilities for 7 -12)
Care of 13 or more persons
Intermediate: Care of 7 or more persons
(see definitions)
Residential: Care of 6 or fewer persons
Care of 7 or more persons
Cemeteries
Accessory crematoria, columbaria and mausoleums
Churches, synagogue and other buildings used for
religious worship
Clubhouses (no alcoholic beverages)
311
17.20.050
OS AE RA RE RO R1 R2 RPD TP [
O O O
O O
SEE WITH STRUCTURES, ABOVE
O O O
O O O
O O O
SEE GREENHOUSE
O O
O
• •
O
O
O O
O
O O
O
O O
O
O
O
O
O
O O
O
O
O
O
O O
O
O
O O
O
O O
O
SEE WITH STRUCTURES, ABOVE
O O O
O O O
O O O
SEE GREENHOUSE
O O
O
O
O O
O
O
O O
O
O O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O O
O
O
O
SEE ANIMAL HUSBANDRY
O O O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O
O O
O
O
O
O
O
O
O O
O
O O
O
O
O
O
O.
O
O
O
O
O
O
17.20.050
Communications facilities
Drilling, temporary geologic (testing only)
Dwelling, single - family" (R -P -D zone)
Mobilehome, continuing nonconforming
Affordable or elderly, built pursuant to Chapter 17.64
Dwellings, two-family, or two single - family dwellings'
Affordable or elderly, built pursuant to Chapter 17.64
Dwellings, multifamily
Affordable or elderly, built pursuant to Chapter 17.64
Dwellings, accessory structures
For human habitation:
Mobilehome/RV as temporary dwelling during
construction'
Second dwelling'
Room additions
Not for human habitation (with or without bathroom):
Second story Patio/deck
Accessory structure over 120 sq. ft.
'. Over 1,000 sq. ft. per structure; or over
2,000 sq. ft. per lot
Antenna, ground- mounted (noncommercial),
above 40 ft.'
Dwellings, accessory uses
Animals'
Apiculture'
Aviaries
Farm animals' (other than horses/ponies)
Horses/ponies'
Pet animals'
More animals than are permitted by Section
17.28.030C
Wild animals
Commercial uses, minor, for project residents
Home occupation
Storage, open"
Education and training
Colleges and universities
Schools, elementary and secondary (boarding and
nonboarding)
Energy production from renewable sources
Festivals and similar events, temporary outdoor
Government buildings
Correctional institutions
Fire stations
Law enforcement facilities
Grading'
Within an overlay zone
Hospitals
Hospitals for large animals
Libraries
312
OS
AE
RA
RE
RO
RI
R2
RPD
TP I
0
0
0
0
0
0
0
0
0 0
O
O
O
O
O
O
O
O
O
O
O
O
O
a
o
0
�
0
•
0
■ ■ ■ ■ ■ ■ ■ ■
■ ■ ■ ■ ■ ■ ■ ■
■ ■ ■ ■ ■ ■ ■ ■
■ ■ ■ ■ ■ ■ ■ ■
O O O O O O O O
O O O O O O O O O
O O O O
♦ ♦ ♦ ♦ ♦ O
♦ ♦ ♦ ♦ ♦ O
0 0 0 0 0 0 O
O O O
O O
O O 0 0 0 O O
O O O O
O O O
O O O O O O O O
O
O O O O O O O O O
O O O O O O O
SEE CHAPTER 17.36
O O O
O
O O O O O O O
313
(Mwme k 12 -98)
i' -L),050
Mineral resource development
OS
O
AE
O
RA RE
RO RI
R2
RPD
TP
Mining and accessory uses2
O
O
O
O
Less than 9 months in duration
O
O
O
O
Public works maintenance
♦
♦
♦
♦
♦
Oil and gas exploration and production Z
O
O
O
.
Mobilehome parks=
O
Model homesilot sales=; 2 years
O
♦
O
O
O
O
O
More than 2 years
♦
Motion picture and TV production, and related activities
O
O
O
O
O
O
and structures
Temporary (maximum 42 days in any 180 -day period)'•'
♦
0 0
O
O
O
O
O
Pipelines and transmission lines, aboveground'
O
O
Public utility facilities, excluding offices and service yards'
O
O
O
O
O
O
O
O
Recreational sport and athletic facilities
O
O
O
O
O
O
Camps'
Campgrounds'
O
O
O
O
O
O
Community centers
O
'. For farm workers and nonprofit farm community
O
O
O
O
O
organizations
Fields, athletic
O
O
O
Geothermal spas
O
O
O
O
O
O
Golf courses, except miniature golf
Parks
O
O
O
O
O
O
� With buildings
♦
O
O
♦
O
♦
♦
O
0
O
O
Periodic outdoor sporting events
S
O
O
O
O
p
O
Recreational vehicle parks'
O
O
O
Recreation projects, city- initiated
Caretaker recreational vehicle,
♦
♦
♦
♦
accessory'
Retreats': Without sleeping facilities
With sleeping facilities
O
O
O
O
O
O
Riding stables
O
O
O
O
With accessory lodging facilities
O
O
Shooting ranges and gun clubs
O
Signs (see also Section 17.20.040 and Chapter 17.40)
Storage of building materials, temporary
Trees and native vegetation: Removal, relocation
or damage'
Within an overlay zone
Uses and structures, accessory (other than to agrie.
SEE CHAPTER 17.36
apimals or dwellings)
To a use requiring a PD
1e9 B permit or CUP
♦
♦
♦
♦
♦
♦
♦
♦
O
O
Dwelling, caretaker
Waste treatment and disposal
O
O
SEE SECTION 17.44.080A
Water production, storage and distribution facilities:
O
O
O
Private purveyors''
O
O
O
O
O
O
O
O
O
O
Notes for Table 17.20.050;
I. See also Section 17.20.040.
2. There are specific regulations for this use; see Chapter
17.28.
3. See Chapter 17.32 for parking standard.
4. Most public water facilities are exempt from these regulations.
(Ord. 196 § 3 (part), 1994; Ord. 189 § 3 (8105 -4), 1994)
313
(Mwme k 12 -98)