The URL can be used to link to this page

Home My WebLink AboutRES PC 2013 590 2013 0924 RESOLUTION NO. PC-2013-590 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONING ORDINANCE AMENDMENT NO. 2013-05; TO AMEND SECTION E (PUBLIC AND SEMI-PUBLIC USES) OF TABLE 17.20.060 OF SECTION 17.20.060 (PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES), OF CHAPTER 17.20 (USES BY ZONE), OF TITLE 17 (ZONING), OF THE MOORPARK MUNICIPAL CODE RELATED TO HEALTH CLUBS, GYMNASIUMS, FITNESS CENTERS, AND FITNESS STUDIOS, AND RECOMMENDING THAT THE CITY COUNCIL MAKE A DETERMINATION OF EXEMPTION UNDER CEQA IN CONNECTION THEREWITH WHEREAS, at its meeting of September 24, 2013, the Planning Commission conducted a duly-noticed public hearing on Zoning Ordinance Amendment No. 2013-05; to amend Section E (Public and Semi-Public Uses) of Table 17.20.060 of Section 17.20.060 (Permitted Uses in Commercial And Industrial Zones), of Chapter 17.20 (Uses by Zone), of Title 17 (Zoning), of the Moorpark Municipal Code related to Health Clubs, Gymnasiums, Fitness Centers, Spas, and Other Similar Uses, and recommending that the City Council make a determination of exemption under CEQA in connection therewith, received public testimony on the proposed amendment, and after receiving oral and written public testimony, closed the public hearing and reached a decision; and WHEREAS, at its meeting of September 24, 2013, the Planning Commission considered 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; closed the public hearing; and reached a decision on this matter. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. ENVIRONMENTAL DOCUMENTION: The Planning Commission, by its independent judgment and analysis, concurs with the determination of the Community Development Director that proposed Zoning Ordinance Amendment No. 2013-05 is exempt from the provisions of the California Environmental Quality Act pursuant to Section 15061(b)(3) of the California Code of Regulations (CEQA Guidelines) by the general rule that CEQA only applies to "projects" that may have a significant effect on the environment. The proposed ordinance would amend the Municipal Code provisions related to the permit review process for health clubs, gymnasiums, fitness centers and fitness studios, would add specificity examples of uses under the category of fitness studios to improve clarity, such as martial arts, yoga, dance, and other Resolution No. PC-2013-590 Page 2 similar uses, and would amend the permit process for places of religious assembly to be similar to fitness uses in zones where fitness uses are allowed. It does not change the zones in which these uses are permitted, the development standards for these uses, or the permit review process for new construction involving these uses. In this case, it can be seen with certainty that there is no possibility that the proposed Ordinance may have a significant impact on the environment.. SECTION 2. GENERAL PLAN AND SPECIFIC PLAN CONSISTENCY: The Planning Commission finds Zoning Ordinance Amendment No. 2013-05 to be consistent with the City of Moorpark General Plan and all adopted Specific Plans. SECTION 3. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends to the City Council the approval of Zoning Ordinance Amendment No. 2013-05 as shown as Exhibit A attached. SECTION 4. 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 Di Cecco, Hamous, Landis, Vice Chair Groff, and Chair Gould NOES: None ABSTAIN: None ABSENT: None PASSED, AND ADOPTED this 24th day of September,lira Diana •. Go ., Chair 04(/(:// / David A. Bobardt, Community Development Director Exhibit A: Draft Amendment to Table 17.20.060(E) of the Moorpark Municipal Code Resolution No. PC-2013-590 Page 3 EXHIBIT A ZONING ORDINANCE AMENDMENT NO. 2013-05 Amendment to Section E (Public and Semi-Public Uses) in Table 17.20.060 (Permitted Uses in Commercial and Industrial Zones) of Chapter 17.20 (Uses by Zone) of the Zoning Ordinance Table 17.20.060 PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES [Blank]=Not permitted AP=Administrative Permit CUP=Conditional Use Permit NZC=No Zoning Clearance required TUP=Temporary Use Permit ZC=Permitted by Zoning Clearance CPD C- Zones C-O C-1 M-1 M-2 I C-2 OT E. Public and Semi-Public Uses 1. Amusement and recreational facilities as defined in Chapter 17.08 a. Arcades (video and computer) CUP CUP CUP and cyber cafés b. Health clubs AP* AP* AP* AP* spa, gymnasiums, fitness centers, and fitness studios for uses such as martial arts, yoga, dance, and other similar uses or combination of uses. i. up to 3,000 square feet AP AP AP AP ii. over 3,000 square feet AP* AP* AP* AP* (*if within one hundred [100] feet of a residentially zoned property a conditional use permit is required) c. Auditoriums, community centers, CUP CUP CUP CUP CUP dancehalls, and indoor motion picture theaters d. Billiard and pool establishments, CUP CUP and bowling alleys, with or without alcohol c. Golf driving ranges, golf putting CUP CUP Resolution No. PC-2013-590 Page 4 Zones C-O C-1 CPD C- M-1 M-2 I C-2 OT greens and miniature golf,parks and Playgfeunds 2. Care facilities, including adult CUP CUP CUP day care facilities,Alzheimer's day care facilities, congregate living health facilities, child day care centers, community treatment facilities, foster family and adoption agencies, hospices, long-term health care facilities, residential care facilities for the elderly, residential care facilities for persons with chronic life-threatening illness, skilled nursing and intermediate care facilities, social rehabilitation facilities, and therapeutic day services facilities 3. Emergency shelters in ZC* compliance with the requirements of Chapter 17.28 (*allowed in C-2 zone only,not permitted in CPD zone; emergency shelters are also allowed in conjunction with permitted places of religious assembly) 4. Single room occupancy unit ZC* development in compliance with the requirements of Chapter 17.28 (*allowed in C-2 zone only, not permitted in CPD zone) 5. Clubhouses, social clubs, service CUP CUP clubs with or without alcohol 6. Energy production from CUP CUP renewable resources 7. Governmental uses including, but CUP CUP CUP CUP CUP CUP CUP not limited to, city offices, community rooms, fire stations, human service centers, libraries, police stations,public utility facilities Resolution No. PC-2013-590 Page 5 Zones C-O C-1 CPD C- M-1 M-2 I C-2 OT 8. Hospitals including urgent care CUP AP* AP* AP* (*if within one hundred [100] feet of a residentially zoned property a conditional use permit is required) 9. Places of religious assembly, CUP AP* AP* AP* AP* CUP CUP with or without schools and/or social services, including emergency shelters i. up to 3,000 square feet CUP AP AP AP AP CUP CUP ii. over 3,000 square feet CUP AP* AP* AP* AP* CUP CUP (*if within one hundred [100] feet of a residentially zoned property a conditional use permit is required) 10. Private education facilities CUP including, but not limited to, colleges and universities, elementary, middle and high schools 11. Private training facilities CUP CUP AP* AP* AP* including, but not limited to, professional and vocational schools, art and craft schools, music schools not part of a music store, and driver training schools (*if within one hundred [100] feet of a residentially zoned property a conditional use permit is required) 12. Recreational facilities(private), AP* AP* AP* AP* CUP indoor or outdoor,with or without food services, including,but not limited to, batting cages, bicycle and skate parks facilities,golf courses(including miniature golf and driving ranges), Resolution No. PC-2013-590 Page 6 CPD C- Zones C-O C-1 C-2 OT M-1 M-2 I ••., •. .. , ._. ._ .. , and sports fields. Bicycles and skate parks shall be in compliance with Chapter 17.28(*if within one hundred [100] feet of a residentially zoned property a conditional use permit is required) 13. Utility structures (electrical AP AP AP AP AP AP AP boxes,transformers and valve apparatus that have no covered floor area and are attached to the ground by poles, columns or pedestals shall not require a zone clearance) 14. Wireless communications facilities, in accordance with the requirements of Chapter 17.42 a. Major wireless communications CUP CUP CUP CUP CUP CUP CUP facilities b. Minor wireless communications AP AP AP AP AP AP AP facilities c. Collocation wireless ZC ZC ZC ZC ZC ZC ZC communications facilities (consistent with definition of "collocation facility"in Section 17.42.020) (Ord. 415 § 2, 2012; Ord. 398 § 4, 2011; Ord. 396 § 2, 2011; Ord. 361 § 1 Exh. A, 2007; Ord. 360 § 2 Exh. A, 2007: Ord. 304 § 2, Exh. A, 2004: Ord. 297 Exh. A, 2003) -END-