HomeMy WebLinkAboutORD 428 2014 0305 ORDINANCE NO. 428
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, APPROVING ZONING ORDINANCE
AMENDMENT NO. 2014-01 , TO AMEND CHAPTER 17.08
(DEFINITIONS) OF THE ZONING ORDINANCE TO
UPDATE DEFINITIONS OF "SUPPORTIVE HOUSING"
AND "TRANSITIONAL HOUSING" AND ADD A DEFINITION
FOR "TARGET POPULATION" AND RECOMMENDING
THAT THE CITY COUNCIL MAKE A DETERMINATION OF
EXEMPTION UNDER CEQA IN CONNECTION
THEREWITH
WHEREAS, at its meeting of December 18, 2013, the City Council adopted
Resolution No. 2013-3252 directing the Planning Commission to consider a zoning
ordinance amendment that would amend Chapter 17.08 (Definitions), to update
definitions of supportive housing, target population, and transitional housing to be
consistent with recent amendments to State law, to ensure compliance with the adopted
Housing Element, and ensure consistency with the City's General Plan, and other
provisions of the City's Zoning Ordinance; and
WHEREAS, at its meeting of January 15, 2014, the City Council adopted
Resolution No. 2014-3259 approving the 2014-2021 Housing Element update to the
General Plan, which includes Program 7, a commitment to process a Zoning Ordinance
Amendment to revise the City's definitions of "supportive housing", "target population"
and "transitional housing" consistent with recently adopted state law (SB 745 of 2013)
as part of the implementation of the Housing Element update, to ensure compliance
with the adopted Housing Element, and ensure consistency with the City's General
Plan, and other provisions of the City's Zoning Ordinance; and
WHEREAS, at a duly noticed public hearing on January 28, 2014, the Planning
Commission considered Zoning Ordinance Amendment No. 2014-01, to amend Chapter
17.08 (Definitions) to update definitions of supportive housing and transitional housing,
and to add a definition for target population, to be consistent with recent amendments to
State law, and 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 hearing; and the Planning Commission
adopted Resolution No. PC-2014-593 recommending approval to the City Council of
Zoning Ordinance Amendment No. 2014-01 ; and
WHEREAS, at a duly noticed public hearing on February 19, 2014, the City
Council considered Zoning Ordinance Amendment No. 2014-01, to amend Chapter
17.08 (Definitions) to update definitions of supportive housing and transitional housing,
and to add a definition for target population, to be consistent with recent amendments to
State law; and 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; and
Ordinance No. 428
Page 2
WHEREAS, the Community Development Director has determined that the
proposed Ordinance is exempt from the provisions of the California Environmental
Quality Act by the general rule that CEQA only applies to "projects" that may have a
significant effect on the environment. The proposed Ordinance would amend definitions
in the Municipal Code. The Municipal Code amendments merely make the definitions in
the Municipal Code consistent with State law. As such, there is no possibility that the
changes may result in a significant environmental impact. 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, and therefore, the proposed Ordinance is exempt under CEQA
Guidelines Section 15061(b)(3).
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DETERMINATION: The City Council concurs
with the Community Development Director's determination that this project is exempt
from the provisions of the California Environmental Quality Act by the general rule that
CEQA only applies to "projects" that may have a significant effect on the environment.
Zoning Ordinance Amendment No. 2014-01 would amend the Municipal Code
definitions for "supportive housing", "target population" and "transitional housing"
consistent with recently adopted state law (SB 745 of 2013) as part of the
implementation of the 2014-2021 Housing Element update, to ensure compliance with
the adopted 2014-2021 Housing Element. Based on its independent analysis and
judgment of the City Council, it can be seen with certainty that there is no possibility that
the Zoning Ordinance Amendment No. 2014-01 may have a significant impact on the
physical environment. No further environmental documentation is required.
SECTION 2. GENERAL PLAN AND SPECIFIC PLAN CONSISTENCY: The
City Council finds Zoning Ordinance Amendment No. 2014-01 to be consistent with the
City of Moorpark General Plan and all adopted Specific Plans.
SECTION 3. The City Council hereby approves Zoning Ordinance Amendment
No. 2014-01, which amends Chapter 17.08 (Definitions) of the Moorpark Municipal
Code, as shown in Exhibit A attached.
SECTION 4. 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 5. This Ordinance shall become effective thirty (30) days after its
passage and adoption.
Ordinance No. 428
Page 3
SECTION 6. 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 minute of the passage and adoption thereof in the records 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 5th day of March, 2014.
A:
Jan ce S. Parvin, Mayor
ATTEST:
;11M1. 4441'.:1:.
60,411■014.
Maureen Benson,Benson, City Clerk \toWsill0"
Exhibit A—Amendments to Section 17.08.010 Application of Definitions
Ordinance No. 428
Page 4
EXHIBIT A
AMENDMENTS TO SECTION 17.08.010 (APPLICATION OF DEFINITIONS) OF
CHAPTER 17.08 (DEFINITIONS) OF TITLE 17 (ZONING)
OF THE MOORPARK MUNICIPAL CODE
Section 17.08.010 is amended to revise the definitions of "Supportive housing" and
"Transitional housing" and add a definition of "Target population", as shown herein
below, with all other definitions in this section to remain unchanged:
17.08.010 Application of definitions.
"_ . : :: -• - .• e" •- t. • : •••• e . - - : • : ,
retaining the housing, improving his or her health status, and maximizing his or her
"Supportive housing" means housing with no limit on length of stay, that is occupied
by the target population, and that is linked to an onsite or offsite service that assists the
supportive housing resident in retaining the housing, improving his or her health status,
and maximizing his or her ability to live and, when possible, work in the community.
"Target population" means persons with low incomes who have one or more
disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic
health condition, or individuals eligible for services provided pursuant to the Lanterman
Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)
of the Welfare and Institutions Code) and may include, among other populations, adults,
emancipated minors, families with children, elderly persons, young adults aging out of
the foster care system, individuals exiting from institutional settings, veterans, and
homeless people.
"Transitional housing" means buildings configured as rental housing developments,
but operated under program requirements that require the termination of assistance and
recirculating of the assisted unit to another eligible program recipient at a predetermined
future point in time that shall be no less than six months from the beginning of the
assistance.
Ordinance No. 428
Page 5
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby
certify under penalty of perjury that the foregoing Ordinance No. 428 was adopted by
the City Council of the City of Moorpark at a regular meeting held on the 5th day of
March, 2014, and that the same was adopted by the following vote:
AYES: Councilmembers Mikos, Pollock, Van Dam, and Mayor Parvin
NOES: None
ABSENT: Councilmember Millhouse
ABSTAIN: None
WITNESS my hand and the official seal of said City this 10th day of March, 2014.
Maureen Benson, City Clerk
(seal)
K c44,„
Terri,„�r�
'90/TED aJ