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HomeMy WebLinkAboutAG RPTS 2012 0626 PC REG V PpK CA�0.o ���92 90 446,41 ito 41e' 09 �0 gTeD Jy1 n Resolution No. 2012-573 PLANNING COMMISSION REGULAR MEETING AGENDA JUNE 26, 2012 7:00 P.M. Moorpark Community Center 799 Moorpark Avenue 1. CALL TO ORDER: 2. PLEDGE OF ALLEGIANCE: 3. ROLL CALL: 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: 5. PUBLIC COMMENT: 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: All writings and documents provided to the majority of the Commission regarding all agenda items are available for public inspection at the City Hall public counter located at 799 Moorpark Avenue during regular business hours. The agenda packet for all regular Commission meetings is also available on the City's website at www.ci.moorpark.ca.us. Any member of the public may address the Commission during the Public Comments portion of the Agenda, unless it is a Public Hearing or a Discussion item. Speakers who wish to address the Commission concerning a Public Hearing or Discussion item must do so during the Public Hearing or Discussion portion of the Agenda for that item. Speaker cards must be received by the Secretary for Public Comment prior to the beginning of the Public Comments portion of the meeting; for a Discussion item, prior to the Chair's call for speaker cards for each Discussion agenda item; and for a Public Hearing item, prior to the opening of each Public Hearing, or beginning of public testimony for a continued hearing. A limitation of three minutes shall be imposed upon each Public Comment and Discussion item speaker. A limitation of three to five minutes shall be imposed upon each Public Hearing item speaker. Written Statement Cards may be submitted in lieu of speaking orally for open Public Hearings and Discussion items. Any questions concerning any agenda item may be directed to the Community Development/Planning office at 517-6233. Regular Planning Commission Meeting Agenda June 26, 2012 Page 2 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS AND REPORTS ON MEETINGS/CONFERENCES ATTENDED BY THE COMMISSION: A. Future Agenda Items i. CUP 2003-05 National Ready Mixed (Continued from August 26, 2009 to a date uncertain.) ii. ZOA Reasonable Accommodation Ordinance iii. ZOA Farm Worker Housing Ordinance iv. Film Ordinance 8. PUBLIC HEARINGS: (next Resolution No. PC-2012-573) A. Consider Resolution Approving Conditional Use Permit No. 2012-04, to Allow an Expansion of an Existing Motorcycle Dealership into an Existing Adjacent Industrial Building at 6176 Condor Drive, on the Application of Paul Pecoraro. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; 2) Adopt Resolution No. PC-2012- approving Conditional Use Permit No. 2012-04 subject to Conditions of Approval. (Staff: Joseph Fiss) B. Consider the Approval of Zoning Ordinance Amendment 2010-01 to Amend Chapter 17.08 (Definitions), 17.20 (Uses by Zone) to Address the Religious Land Use and Institutionalized Persons Act, and Add Section 17.28.060 Standards Relating to Emergency Shelters, and Single Room Occupancy Units of the Moorpark Municipal Code to Ensure Compliance with the Adopted Housing Element, and Consistency With Changes in Federal and State Law. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; 2) Adopt Resolution No. PC-2012- recommending that the City Council approve Zoning Ordinance Amendment 2010-01. (Staff: Joseph Vacca) 9. DISCUSSION ITEMS: A. Consider Permit Adjustment (PA) 1 to Conditional Use Permit (CUP) No. 2010-06 at 680 Flinn Avenue #31 to Delete Condition No. 5 Related to Limits on Beer Tastings on the Application of Chris Enegren (Enegren Brewing Co. LLC). Staff Recommendation: Direct the Community Development Director to issue a letter approving Permit Adjustment No. 1 to Conditional Use Permit 2010-06. (Staff: Joseph Fiss) Regular Planning Commission Meeting Agenda June 26, 2012 Page 3 10. CONSENT CALENDAR: A. Consider Approval of the Minutes of the Joint Meeting of the City Council and Planning Commission Meeting of May 9, 2012. Staff Recommendation: Approve the minutes. B. Consider Approval of the Regular Meeting Minutes of May 22, 2012. Staff Recommendation: Approve the minutes. 11. ADJOURNMENT: In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, including auxiliary aids or services, please contact the Community Development Department at (805) 517-6233. Upon request, the agenda can be made available in appropriate alternative formats to persons with a disability.Any request for disability-related modification or accommodation should be made at least 48 hours prior to the scheduled meeting to assist the City staff in assuring reasonable arrangements can be made to provide accessibility to the meeting(28 CFR 35.102-35.104; ADA Title II). STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss CITY OF MOORPARK ) AFFIDAVIT OF POSTING AGENDA I, Joyce R. Figueroa, declare as follows: That I am the Administrative Assistant of the City of Moorpark and that an agenda of the Regular Meeting of the Moorpark Planning Commission to be held on Tuesday, June 26, 2012, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California, was posted on June 20, 2012, at a conspicuous place at the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California. I declare under penalty of perjury that the foregoing is true and correct. Executed on June 20, 2012. Loma_ J ay 'e R. Figuer6a, Administrative Assistant ITEM: 8.A. MOORPARK,CALIFORNIA Planning Commission of Co •2(0. 20%2. ACTION:APpRoVEa srAcr i e.ccivi A'n4Q . APPR„ovFO RFS. No. Ft-.2a lZ 5-73. BY: T OFN MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: David A. Bobardt, Community Development Director i Prepared by Freddy A. Carrillo, Assistant Planner II/ DATE: June 1, 2012 (PC Meeting of 06/26/12) SUBJECT: Consider Resolution Approving Conditional Use Permit No.2012-04,to Allow an Expansion of an Existing Motorcycle Dealership into an Existing Adjacent Industrial Building at 6176 Condor Drive, on the Application of Paul Pecoraro BACKGROUND On January 15, 2003, the Planning Commission approved CUP No. 2002-06, to allow a factory authorized Harley Davidson motorcycle dealership with service, storage and retail areas, at 6190 Condor Drive. Additional brands have been added since then. On April 24, 2012, Paul Pecoraro filed a new Conditional Use Permit(CUP)application for expansion of this motorcycle dealership to include approximately 20,850 square-feet of an existing 44,495 square-foot vacant building at 6176 Condor Drive for service of motorcycles, a showroom, office space, storage, and retail sales of motorcycle parts and apparel. Because the expansion is taking place on a separate property under different ownership from the original permit, a new Conditional Use Permit is required. DISCUSSION Project Setting Existing Site Conditions: The industrial building is located on the north side of Condor Drive, approximately 230 feet east of Princeton Avenue; south of the SR-118 Freeway. The building is one-story with a mezzanine and is subdivided into two units: 6176 Condor Drive and 6144 Condor Drive. Both units are currently vacant. Access to the property is from Condor Drive. 1 Honorable Planning Commission June 26, 2012 Page 2 Previous Applications: On July 18, 1998, the City Council adopted Resolution No. 98-1489 for Industrial Planned Development (IPD) No. 98-01 to 98-03, for the construction of three industrial buildings located at 6190, 6176, and 6144 Condor Drive. GENERAL PLAN/ZONING Direction General Plan Zoning Land Use Site Light Industrial (I-1) Industrial Park (M-1) Retail/Industrial North Freeway Right-of-Way Freeway Right-of-Way 118 Freeway FWY-RN V).............................. (FWY-R/W1......_.............__..............._............_...._...._.._.......:._....._..._............._.._....._.. _._South...._.._............_Light...Industrial (1-1)...._................._._Industrial Park_..M-1. ....................................._Industrial ......_.............. East Light Industrial (I-1) Industrial Park (M-1) Industrial West Light Industrial (I-1) Industrial Park (M-1) Retail/Industrial General Plan and Zoning Consistency: The General Plan land use designation in the General Plan is intended to provide for a wide range of retail and service activities. The Zoning Ordinance requires Planning Commission approval of a Conditional Use Permit for motorcycle sales, with or without service and parts in the Industrial Park (M-1) Zone. This allows for consideration of the compatibility of the proposed use with surrounding uses in making findings on the application, and adoption of conditions of approval as deemed necessary. Circulation: The site access and internal circulation will not be changed. The building and site are appropriately designed for the proposed use. Parking: Customer parking is provided on-site. Two driveways are located on the south side of the property. The driveway located on the southwest of the property is shared by and the adjacent building. No modifications to the parking lot striping are proposed or anticipated at this time. The Municipal Code requires 1 parking space per 300 sq. ft. of display area or office, plus 1 space per service bay for motorcycle sales. The applicant is proposing approximately 8000 square feet of office and display, requiring 26.66 (27) parking spaces, and there are 16 service bays, for a total of 43 required parking spaces. There are a total of 93 parking spaces on site, 47 of which would be required for the adjacent light industrial use (23645 sf/500= 47.29), leaving a remainder of 46 parking spaces for the proposed use, 3 more than required. \\DC1\Department Share\Community Development\DEV PMTS\C U P\2012\2012-04 Simi Motorsports,LLC\Agenda Reports\Agenda Report.doc 2 Honorable Planning Commission June 26, 2012 Page 3 ANALYSIS Issues Staff analysis of the proposed project has identified the following areas for Planning Commission consideration: • Hours of Operation: • Customer Test Drive Route Hours of Operation: The applicant is currently operating the business at 6190 Condor Drive within the hours approved by Resolution No. 2003-2046 for the repair and retail operation of his business. The existing Conditional Use Permit restricts the hours and days of the existing repair operation to 8:00 a.m. to 7:00 p.m., Tuesday through Saturday and restricts the hours and days of the existing retail operation to 9:00 a.m. to 7:00 p.m., daily. Given that the location of the proposed use would be within an industrial park, staff does not find the need to restrict hours of operation to ensure compatibility with surrounding uses. No change is proposed to the existing operation, which would still be required to abide by the hours approved by CUP 2002-06. Customer Test Drive Route: Consistent with the permit for 6190 Condor Drive, a condition of approval has been added to require the applicant to submit a test drive route for review and approval by the Community Development Director in order to minimize impact on nearby residential neighborhoods. Findings A. The proposed use is consistent with the provisions of the General Plan, zoning ordinance, and any other applicable regulations, in that it furthers Goal 7 and Goal 8 of the Land Use Element of the General Plan as follows: "Goal 7: Provide for a variety of commercial facilities which serve community residents and meet regional needs" and "Goal 8: Provide for new commercial development which is compatible with surrounding land uses". The Conditional Use Permit is compatible with the character of surrounding development in that the use is consistent with surrounding uses and the architectural style of the existing building is consistent with surrounding buildings and will not change. B. The proposed use is compatible with both existing and permitted land uses in the surrounding area, in that this use is similar in nature to permitted and conditionally permitted uses within the M-1 Zone and is in an area which is substantially developed. \\DC1\Department Share\Community Development\DEV PMTS\C U P\2012\2012-04 Simi Motorsports,LLC\Agenda Reports\Agenda Report doc 3 Honorable Planning Commission June 26, 2012 Page 4 C. The proposed use is compatible with the scale, visual character and design of surrounding properties, designed so as to enhance the physical and visual quality of the community, and the structure has design features which provide visual relief and separation between land uses of conflicting character in that this is an existing building that has been developed consistent with the surrounding architecture of the area. D. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or uses, in that the use has been evaluated with respect to neighboring property, and is consistent with surrounding land uses and has been conditioned to limit the customer test routes of the motorcycles to the industrial area. E. The proposed use would not be detrimental to the public health, safety, convenience, or welfare, in that conditions of approval have been added to take care of any detrimental effects. PROCESSING TIME LIMITS Time limits have been established for the processing of development projects under the Permit Streamlining Act (Government Code Title 7, Division 1, Chapter 4.5), the Subdivision Map Act (Government Code Title 7, Division 2), and the California Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13, and California Code of Regulations, Title 14, Chapter 3). Under the applicable provisions of these regulations, the following timelines have been established for action on this project: Date Application Determined Complete: May 24, 2012 Planning Commission Action Deadline: August 22, 2012 ENVIRONMENTAL DETERMINATION This project is categorically exempt from environmental review under the California Environmental Quality Act(CEQA) in accordance with Section 15301 (Existing Facilities)of the California Code of Regulations (CEQA Guidelines). No further environmental documentation is required. \\DC1\Department Share\Community Development\DEV PMTS\C U P\2012\2012-04 Simi Motorsports,LLC\Agenda Reports\Agenda Report.doc 4 Honorable Planning Commission June 26, 2012 Page 5 STAFF RECOMMENDATION 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC-2012- approving Conditional Use Permit No. 2012-04 subject to Conditions of Approval. ATTACHMENTS: 1. Location Map 2. Aerial Photograph 3. Project Exhibits Al. Site Plan A2. Floor Plan 4. Draft PC Resolution with Conditions of Approval • S:\Community Development\DEV PMTS\C U P\2012\2012-04 Simi Motorsports,LLCWgenda Reports\Agenda Report.doc 5 n \( W I Y la F° r' \ >----- f y__ +pir Imp ' IS i t . "� �� l 1 i i �� : z u �4 ti - _4, _=,--- - _ _ _ _Hart FDrd Si _. _ ._ _. _ __ ._ _ _ _ _ J `, Rand St A n O S — I —S� J ! -- 93021 1 ^� Moorpark 6176 Condor Drive \ i r •III /f/ / / / / - CaycKa7Q12.0kdalRas adra x,030HyAppalsar.TaYWin.Costa .Da ' I� �� 'fi'. N LOCATION MAP PC ATTACHMENT 1 6 I% k 4 :;f i : X 1ZV; : _ .ti,, -• 2 r. __„,,, , i,,, �v."t . .,. � a�r , T �, . 7. A K t. 1 A ., ►. 6176 Condor Drive - 1 + j { �•t • t � A a ilr 14 .., - a fi AERIAL PHOTOGRAPH N PC ATTACHMENT 2 7 w C N" R $ o 1 l $ �aoesvo '�avdaoow R a W _s $ 3Alaoa00N009L69 *'k em i r= • .1 eg' " NOSOIAva A3laVH A3lltlA IWIS ° t7 y -- r JNlailne ONIISIX3IV SNOI1Va311V w g 3 1 p e• N M 11 21 1 0 t o - O P. g °-� G ,a a 1800 x sa igO , i a d ° ' ' ww O W Q w a ' 00 o° J a s & -a gi`iiZ ," 0 2 Qo> a . p V z a Z o is o° z wa p a 6_ n'3 SoQ , W Wo„ * W < ` d I- ° rc Z 7w d o w 44 e "a - Z c o ogo ; 1 1 1 1 N i !»; 1 LZOC6 VO 'NNVd21OO1,1 ° y a a g W D =a as 6 ;ADM aOONOO 9L19 `1 . N F == j 11 1 NOSOUIVO A3121VH A3TIVA IWIS W z o 4 2 M y m ONlalIns ONI1SIX31V SNOIiV 311V 161 44C<4«4 °1 w V Pi R g P n �� n n c W IIIII IIIII H O u Rn IJ I111111� N s \, b c b b G _ - z . Hg ©LL` 11 CZ 3151 55377b O I II! _ ��)I 1 l III -\\ \�` c' ` �n Li —I - f 3 = i z El W M I 11 .3y E7• �;�� 7, 1,� 3 f `N_ g I u3 D - Billy' L I70 �� w \ N s _ ; L � , :'� Ititail CI IIIIIIIIIIy N ii ® imams 715117313 _ 11111111111 .rJa�,.,ai x,�.r..�ai �—m 111�_r! i i 1 1 �`. 1 u o ❑� rc p: 1 -1 111111111111111111 Qh 111111111111111111�� z J b \ — 0 m \ 0 y Z 0 K al _ = U1 a S 1 ❑nt,7--- i ❑ 1 --im MI ��1�IIII"'l l l 1111 rc 1 111111111 11111111111 s" Q 9 RESOLUTION NO. PC-2012- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2012-04, TO ALLOW AN EXPANSION OF AN EXISTING MOTORCYCLE DEALERSHIP INTO AN EXISTING ADJACENT INDUSTRIAL BUILDING AT 6176 CONDOR DRIVE, ON THE APPLICATION OF PAUL PECORARO WHEREAS, at a duly noticed public hearing on June 26, 2012, the Planning Commission considered Conditional Use Permit (CUP) No. 2012-04 on the application of Paul Pecoraro for an expansion of an existing motorcycle dealer into an existing adjacent industrial building at 6176 Condor Drive; and WHEREAS, at its meeting of June 26, 2012, 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; and WHEREAS, the Planning Commission concurs with the Community Development Director's determination that this project is Categorically Exempt from the provisions of CEQA pursuant to Section 15301 as a Class 1 exemption for existing facilities. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. CONDITIONAL USE PERMIT FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the Planning Commission makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.040: A. The proposed use is consistent with the provisions of the General Plan, zoning ordinance, and any other applicable regulations, in that it furthers Goal 7 and Goal 8 of the Land Use Element of the General Plan as follows: "Goal 7: Provide for a variety of commercial facilities which serve community residents and meet regional needs" and "Goal 8: Provide for new commercial development which is compatible with surrounding land uses". The Conditional Use Permit is compatible with the character of surrounding development in that the use is consistent with surrounding uses and the architectural style of the existing building is consistent with surrounding buildings and will not change. B. The proposed use is compatible with both existing and permitted land uses in the surrounding area, in that this use is similar in nature to permitted and conditionally permitted uses within the M-1 Zone and is in an area which is substantially developed. PC ATTACHMENT 4 10 Resolution No. PC-2012- Page 2 C. The proposed use is compatible with the scale, visual character and design of surrounding properties, designed so as to enhance the physical and visual quality of the community, and the structure has design features which provide visual relief and separation between land uses of conflicting character in that this is an existing building that has been developed consistent with the surrounding architecture of the area. D. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or uses, in that the use has been evaluated with respect to neighboring property, and is consistent with surrounding land uses and has been conditioned to limit the customer test routes of the motorcycles to the industrial area. E. The proposed use would not be detrimental to the public health, safety, convenience, or welfare, in that conditions of approval have been added to take care of any detrimental effects. SECTION 2. PLANNING COMMISSION APPROVAL: The Planning Commission herby approves Conditional Use Permit No. 2012-04 subject to the Standard and Special Conditions of Approval found in Exhibit A attached. SECTION 3. 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: NOES: ABSTAIN: ABSENT: PASSED, AND ADOPTED this 26 day of June, 2012. Kipp Landis, Chair David A. Bobardt, Community Development Director Exhibit A— Standard and Special Conditions of Approval \\DC1\Department Share\Community Development\DEV PMTS\C U P\2012\2012-04 Simi Motorsports,LLC\Resolutions\PC_Resolution.doc 11 Resolution No. PC-2012- Page 3 EXHIBIT A STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT (CUP) No. 2012-04 STANDARD CONDITIONS OF APPROVAL The applicant shall comply with Standard Conditions of Approval for Planned Development Permits and Conditional Use Permits as adopted by City Council Resolution No. 2009-2799 (Exhibits A and B), except as modified by the following Special Conditions of Approval. In the event of conflict between a Standard and Special Condition of Approval, the Special Condition shall apply. SPECIAL CONDITIONS 1. The development shall be in substantial conformance with the plans presented in conjunction with the application for Conditional Use Permit No. 2012-04, except any modifications as may be required to meet specific Building Code and Zoning Code standards or other conditions stipulated herein. 2. There shall be no change to the floor plan that increases the amount of required parking consistent with this approval. 3. All exterior areas of the site, including landscaping and parking areas shall be maintained free of litter and debris at all times. 4. A comprehensive sign program shall be submitted for review and approval by the Community Development Director prior to the erection of any signs. Any signs shall be approved by the Community Development Director under separate permit. 5. Any special events shall require prior approval of a Temporary Use Permit. 6. The applicant shall submit a test drive route satisfactory to the Community Development Director for approval prior to the issuance of a certificate of occupancy. The test drive route may be modified by the Community Development Director upon a written request and may be subsequently modified by the Community Development Director upon written notice to the permittee. 7. All road tests shall follow the same route as determined for test drives. 8. No outdoor repair shall be allowed. \\DC1\Department Share\Community Development\DEV PMTS\C U P\201212012-04 Simi Motorsports,LLC\Resolutions\PC_Resolution.doc 12 PC ITEM 8.B. MOORPARK,CALIFORNIA Planning Commission of f�•ZIo. �p�2.. ACTION: • NO• -2ar2•$ AS AM,F r BY: MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission FROM: David A. Bobardt, Community Development Director Prepared by Joseph R. Vacca, Principal Planne . DATE: April 11,2012, (Meeting of 06/26/12) SUBJECT: Consider the Approval of Zoning Ordinance Amendment 2010-01 to Amend Chapter 17.08 (Definitions), 17.20(Uses by Zone)to Address the Religious Land Use and Institutionalized Persons Act,and Add Section 17.28.060 Standards Relating to Emergency Shelters,and Single.Room Occupancy Units of the Moorpark Municipal Code to Ensure Compliance with the Adopted Housing Element, and Consistency With Changes in Federal and State Law. BACKGROUND/ DISCUSSION Under state law, the City is required to prepare a Housing Element update for the 2008- 2014 planning period. A Draft Housing Element was prepared and reviewed by the City Council on October 6, 2010. Following review by the City Council, the Draft Housing Element was submitted to the California Department of Housing and Community Development (HCD) for review. After a series of discussions between City staff and HCD and revisions to the draft element, on January 31, 2012 a letter was received from HCD stating that the draft element addresses statutory requirements. The Planning Commission reviewed the Draft Housing Element for the 2008-2014 planning period on March 27, 2012, and adopted PC Resolution No. 568, recommending its adoption to the City Council. The City Council held a public hearing on May 16, 2012, to review the Draft Housing Element Update 2008-2014 and approved Resolution No. 2012-3105, adopting the Housing Element Update 2008-2014 as one of the mandatory elements of the City's General Plan. On September 1, 2010, the City Council adopted Resolution No. 2010-2954 which directed staff and Planning Commission to study, hold a public hearing and provide a recommendation to City Council on a Zoning Ordinance Amendment that would amend Chapters 17.20 of the Moorpark Municipal Code to ensure that regulations related to emergency shelters, supportive and transitional housing and single room occupancy units are consistent with State law, the City's General Plan and other provisions of the City's Zoning Ordinance. 13 Honorable Planning Commission June 26, 2012 Page 2 On December 7, 2011, the City Council adopted Resolution No. 2011-3075 directing staff and the Planning Commission study, hold a public hearing and provide a recommendation to City Council on a Zoning Ordinance Amendment that would amend Chapters 17.20 of the Moorpark Municipal Code to ensure that religious land uses are consistent with Federal and State law,the City's General Plan and other provisions of the City's Zoning Ordinance. The City Council will be considering the Planning Commission recommendation on this Zoning Ordinance Amendment to address Chapter 17.20. ANALYSIS The proposed zoning ordinance amendment primarily includes the following four updates: • It adds definitions to Chapter 17.08; and • It amends the Use Matrix Table 17.20.050 and 17.20.060 to address RLUIPA • It adds 17.28.060.A Standards relating to Emergency Shelters; and • It adds 17.28.060.B Standards relating to Single Room Occupancy unit; and • Definition of Family This Zoning Code Amendment No. 2010-01 includes amendment to Title 17(Zoning)of the Moorpark Municipal Code amending Section 17.08.010, to add the definition of Family. This is a change that the City committed to do in Program 20 of the 2008-2014 Housing Element Update. Court cases have expanded the application of a broad definition of family to other aspects of law, including zoning and California housing laws. In particular, the California Supreme Court, in City of Santa Barbara v.Adamson (1980), struck down the definition of family in the Santa Barbara Municipal Code which made a distinction between related and unrelated persons in setting occupancy limits for single family homes. The Santa Barbara Municipal Code defined family as: Either 1) an individual or two or more persons related by blood, marriage, or adoption living together as a single housekeeping unit, or 2) a group of not to exceed five persons, excluding servants. The Court ruled that this definition violated an individual's constitutionally guaranteed right to privacy by infringing on the right to choose with whom one lives. There is currently no definition of family in the Moorpark Municipal Code. The proposed definition of "Family" is: "Family" means one or more persons living together in a dwelling unit, with common access to, and common use of all living, kitchen, and eating areas within the dwelling unit. The proposed change in the definition of family is consistent with the California Supreme Court decision.The new definition is designed to expand the definition to avoid conflict with State law. The proposed change to the Zoning Ordinance should not conflict with the provisions of the City's adopted General Plan. The proposed definition advances program 20 of the Housing Element of the General Plan. Momently DevelopmenWDEV PMTSZ 0 A\2010\01 Emergency St&Transition Hsng SROS RLUIPA Def Famil,Staff Reportsen Agenda Report 120626.doc 14 Honorable Planning Commission June 26, 2012 Page 3 At this time, staff also recommends amending the definition of boarding house in the municipal code to be consistent with the opinion on the definition of boarding house that has been provided by the California Attorney General. Therefore the proposed definition of"Boarding house" is: "Boarding house"means a residence or dwelling, other than a hotel, wherein three (3) or more rooms, with or without individual or group cooking facilities, are rented to individuals under separate rental agreements or leases, either written or oral, whether or not an owner, agent, or rental manager is in residence. • Religious Land Use and Institutionalized Persons Act (RLUIPA) Moorpark Municipal Code Chapter 17.20 establishes the uses by zone in the City. On September 22, 2000,following unanimous approval by Congress, President Clinton signed into law the Religious Land Use and Institutionalized Personas Act(RLUIPA), (Attachment 2), which is a civil rights law that protects individuals and religious institutions from discriminatory and unduly burdensome land use regulations. RLUIPA is not a blanket exemption from zoning laws; it provides regulations for local governments regarding local zoning laws, as follows: • zoning must not substantially burden religious exercise; • zoning must not treat religious uses less favorably than non-religious assemblies or institutions; • zoning must not discriminate based on religion or religious denomination; and • zoning must not totally or unreasonably restrict religious uses. Essentially, RLUIPA requires the city to apply zoning uniformly and not impose an unjustified substantial burden on religious exercise. Traditional zoning concerns, such as regulations addressing traffic, hours of operation, parking, maximum capacity, intensity of use, setbacks and frontage requirements, may be implemented so long as these regulations are applied to other assembly uses in the same way as applied to religious land uses. A number of court cases over recent years have helped frame the application of RLUIPA. To ensure consistency with Federal law, staff recommends deleting the municipal code's existing definition for church, which is: -"Church" means a building in which a body or organization of religious believers may assemble for worship. Staff recommends providing a new definition to replace the word "church"with a new definition for a "place of religious assembly" in the definitions chapter 17.08 of the municipal code to be consistent with the opinion that has been provided by the Federal Department of Justice on the definition of place of religious assembly in relation to the land use provisions of the Religious Land Use and Institutionalized Persons Act. S:\Community Development\DEV PMTSZ 0 At2010\01 Emergency Shttr Transition Hsng SROs RLUIPA Def Fami66taff ReportsPC Agenda Report 120626.doc 15 Honorable Planning Commission June 26, 2012 Page 4 Therefore the proposed definition of "Place of religious assembly" is: "Place of religious assembly" means a place of assembly primarily used for the purpose of religious worship,study,teaching, and related activities including, but not limited to,space for churches, classrooms, fellowship halls, meeting rooms, libraries, mosques, offices, sanctuaries, synagogues, and temples, and may include space for social services and similarfunctions. In order to ensure that places of religious assembly are treated in the same or in a more permissive manner than other assembly uses, staff is recommending the following amendments to the Use Matrices of Tables 17.20.050 and 17.20.060 of the Municipal Code: Tables 17.20.050 and 17.20.060 (Use Matrices): Table 17.20.050 was not changed in relation to RLUIPA because it is already as permissive or more permissive comparatively for a place of religious assembly with or without schools and/or social services, including emergency shelters,with the allowance of other assembly uses citywide. The only changes to ensure consistency with places of religious assembly with other assembly uses in residential zones was the proposed prohibition of Places of religious assembly as a conditionally permitted use in the A-E zone and the proposed prohibition of Governmental uses as conditionally permitted uses in the A-E and TPD zones. The amendment also includes the proposed prohibition of Recreational facilities, non-profit or for profit uses, as conditionally permitted uses in the A- E zones. In Table 17.20.060, under Section 17.20.060.A.16.: Psychics, fortunetelling, and spiritual advisors when in compliance with Title 5 of the Moorpark Municipal Code,was added as a conditionally permitted use in the C-O and C-1 zone. In the CPD and C-2 zones, Psychics, fortunetelling, and spiritual advisors when in compliance with Title 5 of the Moorpark Municipal Code, is proposed to be allowed with an Administrative Permit, unless the subject property is within one hundred (100)feet of a residentially zoned property and then a conditional use permit would be required. In Table 17.20.060, under Section 17.20.060.B.3.a.: B.3- Restaurants and similar establishments engaged primarily in the retail sale of prepared food for on-site or off-site consumption in accordance with the restrictions below: a.-With or without entertainment and with or without on-site consumption of beer and wine and other alcoholic beverages and with or without outdoor seating ((*if within one hundred (100) feet of a residentially zoned property a conditional use permit is required). Changed from being an allowed use with an approved Administrative Permit to an allowed use with an approved Conditional Use Permit in the C-1 zone,to be consistent with the requirements for other assembly uses in the C-1 zone. Table 17.20.060 would be modified so that Section 17.20.060.E.1.a. Public and Semi- Public Uses, Amusement and recreational facilities as defined in Chapter 17.08; a. Arcades (video and computer) and cyber cafés would be prohibited in the C-O zone. Also, Section 17.20.060.E.1.b. Public and Semi-Public Uses, Amusement and recreational S:\Community Development\DEV PMTSZ 0 A\2010101 Emergency Shltr Transition Hsng SROs RLUIPA De(FarmkStaR ReporLOPC Agenda Repoi 12062e.doe 16 Honorable Planning Commission June 26, 2012 Page 5 facilities as defined in Chapter 17.08; b. Health club/gymnasium/fitness center/spa would be prohibited in the C-O zone. In Table 17.20.060, under Section 17.20.060.E.1.a. Public and Semi-Public Uses, Amusement and recreational facilities as defined in Chapter 17.08, subsection c. Auditoriums, community centers, dancehalls, and indoor motion picture theaters was added as a conditionally permitted use in the CPD, C-2, C-OT, M-1, M-2 and I zones. In Table 17.20.060, under Section 17.20.060.E.1.a. Public and Semi-Public Uses, Amusement and recreational facilities as defined in Chapter 17.08, subsection d. Billiard and pool establishments, and bowling alleys, with or without alcohol was added as a conditionally permitted use in the CPD, C-2, and C-OT zones. In Table 17.20.060, under Section 17.20.060.E.1.a. Public and Semi-Public Uses, Amusement and recreational facilities as defined in Chapter 17.08, subsection e. Golf driving ranges, golf putting greens and miniature golf, parks and playgrounds was added as a conditionally permitted use in the CPD, C-2, and M-1 zones. Also, to ensure consistency with allowances for places of religious assembly with other assembly uses in other commercial zones there is a proposed amendment of the proposed Section 17.20.060.E.8. Public and Semi-Public Uses, Hospitals including urgent care, are to be amended from being allowed with an Administrative Permit in the C-O zone to being allowed as a conditionally permitted uses in this zone. In Table 17.20.060, under proposed Section 17.20.060.E.9. Public and Semi-Public Uses, Places of religious worship was changed to Places of religious assembly, with or without schools and/or social services, including emergency shelters, and was added as a conditionally permitted use in the C-O and C-1 zone. In the CPD, C-2, C-OT, and M-1 zones a place of religious assembly, with or without schools and/or social services, including emergency shelters, is proposed to be allowed with an Administrative Permit, unless the subject property is within one hundred (100) feet of a residentially zoned property and then a conditional use permit would be required. A place of religious assembly is proposed to be allowed as a conditionally permitted use in the M-2 zone, where this was a prohibited use, and would remain to be allowed as a conditionally permitted use in the I zone. Also, to ensure consistency with allowances for places of religious assembly with other assembly uses in other commercial zones there is a proposed amendment of the proposed Section 17.20.060.E.11. Public and Semi-Public Uses, Private training facilities including, but not limited to, professional and vocational schools, are to be amended from being allowed with an Administrative Permit in the C-O and C-1 zones to being allowed as a conditionally permitted uses in these zones. Lastly, to ensure consistency with allowances for places of religious assembly with other assembly uses in other commercial zones there is a proposed amendment of the proposed S:1Community DevelopmendDEV PMTSZ 0 A12010101 Emergency Shur Transition Hsng SROS RLUIPA Oaf Famit,Staff Reports1PC Agenda Report 120626.doc 17 Honorable Planning Commission June 26, 2012 Page 6 Section 17.20.060.E.12. Public and Semi-Public Uses, Recreational facilities (private) with/without food services, including but not limited to, bicycle and skate parks, golf courses, gymnasiums, fitness, health spas, martial arts, racquetball, yoga. 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), are to be amended from being allowed with an Administrative Permit in the C-O zone to being prohibited in this zone. These changes ensure that places of worship are allowed in a consistent way as compared with allowances of other assembly uses of other zones citywide. • Emergency Shelters, and Transitional and Supportive Housing Moorpark Municipal Code Chapter 17.20 establishes the uses by zone in the City. On January 1, 2008, California Senate Bill No. 2 was enacted,which requires every California city and county to engage in a more detailed analysis of emergency shelters and transitional and supportive housing in Housing Element updates and to regulate zoning for these facilities. SB 2 defines "emergency shelters" as housing for homeless persons intended for occupancy of less than six months, where no person is denied occupancy because of inability to pay. "Transitional housing" is rental housing for stays of at least six months, where the units are provided to another person after a set period. "Supportive housing" has no limit on the length of stay, provides supportive services, and is occupied by low-income persons with disabilities and certain other disabled persons. A state license is usually not required for supportive housing. SB 2 requires that the City identify the need for emergency shelters in its Housing Element update and designate zoning districts adequate to accommodate the need. In those districts, emergency shelters must be allowed by right without a conditional use permit or any other discretionary permit and are exempt from review under the California Environmental Quality Act. The City may apply objective development and management standards, such as the number of beds and length of stay. If no zoning district exists that meets these standards, SB 2 requires the Housing Element update to include a program to rezone within one year after the adoption of the Housing Element. The Housing Element update must also analyze the need for transitional and supportive housing and describe a program to reduce constraints on the development of this housing. Supportive and transitional housing must be treated as a residential use of property, subject only to the same restrictions that apply to other housing of the same type in that zone. For instance, supportive housing located in a single-family residence must be treated like any other single family home. SB 2 added emergency shelters and supportive and transitional housing to the types of housing protected by the Housing Accountability Act, (Government Code 65589.5 — formerly the Anti-NIMBY Law), which until now only covered affordable and farmworker housing. This statue strictly limits the grounds under which cities may deny certain types of housing, now including emergency shelters and supportive and transitional housing. S:\COmmunity DevelopmenaDEV PMT$Z 0 A02010 01 Emergency Shltr Transition Hsng SROs RLUIPA Del FamikStaII Reports\PC Agenda Report 120628.doc 18 Honorable Planning Commission June 26, 2012 Page 7 Current city regulations need to be updated for consistency with the adopted Housing Element and State law relative to zoning for emergency shelters, transitional and supportive housing. Therefore, the Zoning Ordinance Amendment to add Emergency Shelters, Transitional and Supportive Housing to the Allowed Uses of the Zoning Ordinance is proposed as follows: • Emergency Shelters Recent amendments to state housing law(SB 2 of 2007) require jurisdictions to designate at least one zone where year-round emergency shelters are allowed by-right(i.e.,without a conditional use permit or other discretionary action). To comply with State law, and Program 7 in the adopted Housing Element, this Zoning Ordinance Amendment has been prepared for Planning Commission consideration for recommendation to City Council to add a definition of emergency shelter to the Chapter 17.08 of the zoning code and to permit emergency shelters"by-right"with issuance of a zoning clearance for the use in the C-2 zone as shown in the proposed amendment to Table 17.20.060, under Section 17.20.060.E.3.; (Attachment 1, Exhibit C), subject to objective development standards, and in conjunction with permitted places of worship, in residential and commercial zones. The proposed Emergency Shelter definition is as follows: "Emergency shelter"means housing with minimal supportive services for homeless persons that is limited to occupancy of six(6) months or less by a homeless person, and where no individual or household may be denied emergency shelter because of an inability to pay. Staff proposes adding Section 17.28.060.A.development standards(Attachment 1, Exhibit D), relating to Emergency Shelters, as allowed by right in the C-2 zone are generally outlined, as follows: • One(1) Emergency shelter facility per lot is allowed, at least five hundred (500)feet from any other Emergency shelter, and located within one-half(1/)-mile of a transit stop. • Overnight occupancy shall be limited to one(1) bed per seventy(70)square feet of sleeping area with a maximum occupancy limited to thirty (30) beds. • General Development Requirements shall comply with development requirements of the underlying zone. • Lighting, parking, signage, shall comply with the provisions of the code. • Services and Facilities shall be provided as follows: o A client intake and waiting area shall be provided and shall be adequately sized to accommodate waiting clients. The intake area must be indoors. o The facility shall provide a sleeping area and separate restrooms for males and females. o Other on-site services that are permitted include: • Showers • Laundry facilities • Kitchen, food preparation, and dining areas. S:\Community DevelopmenfDEV PMTSZ 0 A12010NO1 Emergency Shltr Transition Hsng SROs RLUIPA Daf Famip6taff ReportslPC Agenda Report 120626.doc 19 Honorable Planning Commission June 26, 2012 Page 8 • Storage areas to secure client belongings. • Private area or office for providing referral services to assist shelter clients. • Other similar services for clients, as determined by the Community Development Director. • Prior to occupancy, a written operational plan for the facility shall be submitted to the Community Development Director and Moorpark Police Chief that demonstrates compliance with all zoning requirements; with specific operational procedures including but not limited to the following: o An individual must vacate shelter between nine (9:00) a.m. and five (5:00) p.m. daily. o An individual shall not use the facility for more than one hundred eighty(180) days. • Facilities shall be maintained in a neat, safe, and orderly manner. • Transitional/Supportive Housing SB 2 also requires that transitional and supportive housing be treated as a residential use that is subject only to the same requirements and procedures as other residential uses of the same type in the same zone. To comply with State law, and Program 7 in the adopted Housing Element, this Zoning Ordinance Amendment has been prepared for Planning Commission consideration for recommendation to City Council to add definitions of supportive housing and transitional housing to the Chapter 17.08 of the zoning code and to permit Transitional and supportive housing by-right in all the residential zones. The proposed Supportive Housing definition is as follows: "Supportive Housing" means housing with no limit on length of stay, that is occupied by the target population as defined in Health and safety Code section 50675.14, and that is linked to onsite or offsite services that assist 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. The proposed Transitional Housing definition is as follows: "Transitional Housing" means rental housing operated under the funding program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six (6) months. Transitional and Supportive housing must be regulated in a manner that is consistent with other residential uses with the same standards and procedures as other "conventional" residential uses of the same type in the same zone. Therefore, proposed changes to Chapter 17.20, (Attachment 1, Exhibit B) include the addition of Transitional and supportive housing as permitted in the following residential zones: O-S,A-E, R-A, R-E, R-O, R-1, R-2 and RPD zones with no zoning clearance required; and no longer permitting transitional S:1Communny DevelopmenWEV PMTSIZ 0 A\2010\01 Emergency Sher Transfion Hsng SROs RLUIPA Def Familftaff Reports1PC Agenda Report 120826 doc 20 Honorable Planning Commission June 26, 2012 Page 9 housing facilities, (currently allowed as conditionally permitted)in the following commercial zones: C-0, C-1, CPD and C-2 zones. Transitional and supportive housing will only be permitted by right residential zones, and prohibited in commercial zones. Single Room Occupancy (SROs) Recent amendments to state housing law (AB 2634) require jurisdictions to facilitate the development of housing for persons with extremely-low incomes (ELI). Single Room Occupancy (SRO) housing can help to address this need. Program 8 in the adopted Housing Element includes a commitment to consider a Zoning Code Amendment to permit SROs by-right in the C-2 zones subject to objective development standards, to be consistent with State Law. To comply with State law, and Program 8 in the adopted Housing Element, this Zoning Ordinance Amendment has been prepared for Planning Commission consideration for recommendation to City Council to add a definition of single room occupancy (SRO) unit to the Chapter 17.08 of the zoning code and to permit single room occupancy (SRO) units by-right in the C-2 zones. The proposed Single Room Occupancy (SRO) Unit definition is as follows: "Single Room Occupancy (SRO) unit" means a housing unit in a multiple-unit building or facility consisting of a single room, with private or shared bath facilities, and with private or shared cooking facilities. Staff proposes adding Section 17.28.060.B.,the proposed development standards relating to Single Room Occupancy (SRO) Unit Developments, (Attachment 1, Exhibit D), as allowed by right in the C-2 zone are generally outlined, as follows: • One (1) Single Room Occupancy (SRO) unit development per lot is allowed, and shall be located at least five hundred (500) feet from any other SRO unit development, as measured from the closest property line. Facilities shall be provided for SRO unit developments as follows: o Minimum unit size of two hundred (200) square feet for single person occupancy and two hundred fifty (250) square feet for two (2) person occupancy. o Maximum unit size of four hundred (400) square feet. o Maximum of fifteen (15) SRO units per development. o Other on-site services that are permitted include: • Laundry facilities • Manager's office • Other similar services for clients, as determined by the Community Development Director. • No Transient occupancy; units must be occupied as the primary residence of the client. • Prior to occupancy, a written operational plan for the facility shall be submitted to the Community Development Director and Moorpark Police Chief that demonstrates compliance with all zoning requirements. The operational plan shall contain the SiCommunay DeveloprnenaDEV PIIIDZ 0^2010‘01 Emergency Mar Trensaion Hang SROs RLUIPA Del Fernlyaleff ReparldPC Agenda Report 120826 dec 21 Honorable Planning Commission June 26, 2012 Page 10 name, address, phone number and driver's license number of the owner, operator and facility manager. • General Development Requirements shall comply with C-2 zone development requirements. • Lighting, parking, and signage shall comply with the provisions of the code. • Facilities shall be maintained in a neat, safe, and orderly manner. The City Attorney's office has reviewed the draft PC Resolution for Zoning Ordinance Amendment No. 2010-01, (Attachment 1) and has determined that the changes are acceptable and do not conflict with Federal or State Law. PROCESSING TIME LIMITS Since this is an action initiated by the City, the processing time limits under the Permit Streamlining Act(Government Code Title 7, Division 1, Chapter 4.5),the Subdivision Map Act (Government Code Title 7, Division 2), and the California Environmental Quality Act Statutes and Guidelines (Public Resources Code Division 13, and California Code of Regulations, Title 14, Chapter 3) are not applicable. ENVIRONMENTAL DETERMINATION In accordance with the City's environmental review procedures adopted by resolution, the Community Development Director determines the level of review necessary for a project to comply with the California Environmental Quality Act (CEQA). Some projects may be exempt from review based upon a specific category listed in CEQA. Other projects may be exempt under a general rule that environmental review is not necessary where it can be determined that there would be no possibility of significant effect upon the environment. A project which does not qualify for an exemption requires the preparation of an Initial Study to assess the level of potential environmental impacts. Based upon the results of an Initial Study,the Director may determine that a project will not have a significant effect upon the environment. In such a case, a Notice of Intent to Adopt a Negative Declaration or a Mitigated Negative Declaration is prepared. For many projects, a Negative Declaration or Mitigated Negative Declaration will prove to be sufficient environmental documentation. If the Director determines that a project has the potential for significant adverse impacts and adequate mitigation can not be readily identified, an Environmental Impact Report (EIR) is prepared. The Director has reviewed this project and found it to qualify for a General Rule Exemption in accordance with Section 15061 of California Code of Regulations (CEQA Guidelines). No further environmental documentation is required. S:1Community DevelopmentDEV PMT9Z 0 A‘2010\01 Emergency Shltr TransE on Hsng SROs RLUIPA De(Fam0,8taff Reports'PC Agenda Report 120626.doc 22 Honorable Planning Commission June 26, 2012 Page 11 STAFF RECOMMENDATION 1. Open the public hearing, accept public testimony and close the public hearing. 2. Adopt Resolution No. PC-2012- recommending that the City Council approve Zoning Ordinance Amendment 2010-01. ATTACHMENTS: 1. Draft PC Resolution which contains the following: Exhibit A- Section 17.08.010 Application of definitions Exhibit B - Table 17.20.050 et seq. in legislative format Exhibit C - Table 17.20.060 et seq. in legislative format Exhibit D - Section 17.28.060.A Standards relating to Emergency Shelters, and Section 17.28.060.B Standards relating to Single Room Occupancy unit 2. Religious Land Use and Institutionalized Personas Act (RLUIPA) 3. Zoning Map (11" x 17" copy)— Under Separate Cover S:iCommunity DevelopmenDDEV PMTSZ 0 A12010101 Emergency Sher Transition Hsng SROs RLUIPA Del PamikStaff ReportaPC Agenda Report 120626.doc 23 RESOLUTION NO. PC-2012- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING TO THE CITY COUNCIL THE ADOPTION OF ZONING ORDINANCE AMENDMENT NO. 2010-01, TO AMEND CHAPTER 17.08 (DEFINITIONS), 17.20 (USES BY ZONE) TO ADDRESS THE RELIGIOUS LAND USE AND INSTITUTIONALIZED PERSONS ACT, AND ADD SECTION 17.28.060 STANDARDS RELATING TO EMERGENCY SHELTERS, AND SINGLE ROOM OCCUPANCY UNITS OF THE MOORPARK MUNICIPAL CODE TO ENSURE COMPLIANCE WITH THE ADOPTED HOUSING ELEMENT, AND CONSISTENCY WITH CHANGES IN FEDERAL AND STATE LAW WHEREAS, at its meeting of September 1, 2010 the City Council adopted Resolution No. 2010-2954 directing the Planning Commission to consider a zoning ordinance amendment that would amend Chapters 17.20 of the Moorpark Municipal Code to ensure that regulations related to emergency shelters, supportive and transitional housing and single room occupancy units are consistent with State law, the City's General Plan and other provisions of the City's Zoning Ordinance; and WHEREAS, at its meeting of December 7, 2011 the City Council adopted Resolution No. 2011-3075 directing the Planning Commission to consider a zoning ordinance amendment that would amend Chapters 17.20 of the Moorpark Municipal Code to ensure that religious land uses are consistent with Federal and State law, the City's General Plan and other provisions of the City's Zoning Ordinance; and WHEREAS, at a duly noticed public hearing on June 26, 2012, the Planning Commission considered Zoning Ordinance Amendment No. 2010-01, to amend Chapter 17.08 (Definitions), 17.20 (Uses By Zone) and to add Chapter 17.28.060 (Development Standards Relating to Emergency Shelters and Single Occupancy (SRO) Units) of the Moorpark Municipal Code; and WHEREAS, at its meeting of June 26, 2012, 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; and on June 26, 2012, reached a decision on this matter; and WHEREAS, the Planning Commission 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. PC ATTACHMENT 1 24 Resolution No. PC-2012- Page 2 NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. GENERAL PLAN AND SPECIFIC PLAN CONSISTENTY: The Planning Commission finds Zoning Ordinance Amendment No. 2010-01 to amend Chapters 17.08, 17.20 and add 17.28.060, to be consistent with the City of Moorpark General Plan and all adopted Specific Plans. SECTION 2. PLANNING COMMISSION RECOMMENDATION: The Planning Commission recommends to the City Council the adoption of Zoning Ordinance Amendment No. 2010-01 to amend Chapter 17.08, Definitions; 17.20 Uses by Zone and to add Chapter 17.28.060 (Development Standards Relating to Emergency Shelters and Single Occupancy (SRO) Units) in its entirety as recommended by staff and shown as Exhibits A, B, C, and D attached. SECTION-3. 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: NOES: ABSTAIN: ABSENT: PASSED, AND ADOPTED this 26th day of June, 2012. Kipp Landis, Chair David A. Bobardt, Community Development Director Exhibit A - Section 17.08.010 Application of definitions Exhibit B - Table 17.20.050 et seq. in legislative format Exhibit C - Table 17.20.060 et seq. in legislative format Exhibit D - Section 17.28.060.A Standards relating to Emergency Shelters, and Section 17.28.060.B Standards relating to Single Room Occupancy unit S:\Community Development\DEV PMTS\Z 0 A\2010\01 Emergency Shltr Transition Hsng SROS RLUIPA Def Family\Resos_Ordinances\PC_Reso_aprvg_ZOA10_01_12626.dos 25 Resolution No. PC-2012- Page 3 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 Delete definitions of"Boardinghouse" and "Church" in their entirety and add definitions of"Boarding house", "Emergency Shelter", "Family", "Place of Religious Assembly", "Single Room Occupancy (SRO) Unit", "Supportive Housing", and "Transitional Housing" as follows: 17.08.010 Application of definitions. "Boarding house" means a residence or dwelling, other than a hotels wherein three (3) or more rooms, with or without individual or group cooking facilities, are rented to individuals under separate rental agreements or leases, either written or oral, whether or not an owner, agent, or rental manager is in residence. worship. "Emergency shelter" means housing with minimal supportive services for homeless persons that is limited to occupancy of six (6) months or less by a homeless person, and where no individual or household may be denied emergency shelter because of an inability to pay. "Family" means one or more persons living together in a dwelling unit, with common access to, and common use of all living, kitchen, and eating areas within the dwelling unit. "Place of religious assembly" means a place of assembly primarily used for the purpose of religious worship, study, teaching, and related activities including, but not limited to, space for churches, classrooms, fellowship halls, meeting rooms, libraries, mosques, offices, sanctuaries, synagogues, and temples, and may include space for social services and similar functions. "Single Room Occupancy (SRO) unit" means a housing unit in a multiple-unit building or facility consisting of a single room, with private or shared bath facilities, and with private or shared cooking facilities. "Supportive housing" means housing with no limit on length of stay, that is occupied by the target population as defined in Health and Safety Code Section 50675.14, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizinq his or her ability to live and, when possible, work in the community. "Transitional housing" means rental housing operated under the funding program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six (6) months. S:1Commundy DevelopmentlDEV PMTS\Z 0 A\2010101 Emergency Shit Transition Hsng SROS RLUIPA Def Family\Exhibits\EXHIBIT A FINAL Defndion of Family 20120626.docx 26 Resolution No. PC-2012- Page 4 EXHIBIT B AMENDMENTS TO SECTION 17.20.050 PERMITTED USES IN OPEN SPACE, AGRICULTURAL, RESIDENTIAL, AND SPECIAL PURPOSE ZONES OF CHAPTER 17.20 USES BY ZONE OF TITLE 17 ZONING OF THE MOORPARK MUNICIPAL CODE Table 17.20.050 PERMITTED USES IN OPEN SPACE, AGRICULTURAL, RESIDENTIAL, AND SPECIAL PURPOSE 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 Zones 0-S A-E R-A R-E R-O R-1 R-2 RPD TPD A. Agricultural Uses 1. Animal Husbandry as a primary use in accordance with Chapter 17.28 a. Without Structures ZC ZC ZC ZC ZC ZC b. With structures of total gross floor areas per lot: - Less than 1,000 sq. ft. ZC ZC ZC ZC - 1,001-20,000 sq. ft AP ZC _ AP - 20,001-100,000 sq. ft. CUP AP - >100,000 sq. ft. CUP 2. Animal hospital, for large CUP CUP CUP animals 3. Apiculture in accordance ZC ZC AP with Chapter 17.28 4. Crop production where no ZC ZC ZC ZC ZC ZC ZC ZC structures are involved 5. Greenhouse, hothouse and the like. Minimum property line setbacks shall be 20-feet. With a total gross floor area per lot: - Less than 1,000 sq. ft. ZC ZC ZC ZC ZC AP ZC - 1,001-20,000 sq. ft. AP AP AP AP CUP - > 20,000 sq. ft. CUP CUP I S:\Community Development\DEV PMTS\Z 0 A\2010101 Emergency Shit!.Transition Hsng SROs RLUIPA Def Family\Exhibits\EXHIBIT B&C FINAL Chapter 17.20 20120626.docx 27 Resolution No. PC-2012- Page 5 Zones O-S A-E R-A R-E R-O R-1 R-2 RPD TPD 6. Kennels and catteries CUP CUP CUP CUP (domestic) see Chapter 17.28 7. Wholesale nurseries, tree AP AP AP AP AP AP AP AP farms and ornamental plant farms including container plants. Retail sales shall be limited to the requirements of Chapter 17.28 8. Wildlife sanctuaries CUP CUP B. Residential Uses 1. Boarding_houses and bed CUP CUP CUP CUP CUP CUP CUP and breakfast inns 2. Family day care homes, a-nd home schooling and transitional and supportive housing a. Small family day care NZC NZC NZC NZC NZC NZC NZC NZC homes serving up to eight (8) children within a single family residence when found consistent with Section 1597.44 of the Health and Safety Code b. Large family day care ZC ZC ZC ZC ZC ZC ZC ZC homes serving up to fourteen (14) children within a single family residence when found consistent with Section 1597.465 of the Health and Safety Code c. Home schooling, including NZC NZC NZC NZC NZC NZC NZC NZC NZC home teaching, home independent study, and individual instruction as defined by the Education Code, only involving provision of such services to residents of the property d. Transitional and NZC NZC NZC NZC NZC NZC NZC NZC supportive housing S:\Community Development\DEV PMTS\Z 0 A\2010\01 Emergency Shltr Transition Hsng SROs RLUIPA Def Family\Exhibits\EXHIBIT B&C FINAL Chapter 17.20 20120626.docx 28 Resolution No. PC-2012- Page 6 Zones O-S A-E R-A R-E R-O R-1 R-2 RPD TPD 3. Dwellings, single family a. Standard construction, AP AP AP AP AP AP AP AP AP including manufactured housing consistent with Chapter 17.28 (for five (5) or more homes constructed in the R-A, R-0, R-E, and R-1 zones a planned development permit is required) I b. Less than five (5) AP AP AP affordable or senior housing when in compliance with Chapter 17.64 c. Second dwelling units ZC ZC ZC ZC ZC ZC when in compliance with Chapter 17.28 4. Dwellings, two-family or two single family dwellings on one lot a. Less than five (5) dwelling AP AP units b. Less than five (5) AP AP affordable or senior housing units when in compliance with Chapter 17.64 5. Dwellings, multiple family a. Less than five (5) dwelling AP units b. Less than five (5) AP affordable or senior housing units when in compliance with Chapter 17.64 6. Mobilehome parks in CUP CUP CUP CUP CUP CUP CUP compliance with the applicable standards of the zone in which it is located. It shall include recreation facilities with minimum distance between structures of ten (10) feet and minimum distances between accessory structures of six (6) feet I S:\Community Development\DEV PMTS\Z 0 A\2010\01 Emergency Shltr Transition Hsng SROs RLUIPA Def Family\Exhibits\EXHIBIT B&C FINAL Chapter 17.20 20120626.docx 29 Resolution No. PC-2012- Page 7 Zones O-S A-E R-A R-E R-O R-1 R-2 RPD TPD 7. Model homes, temporary AP AP AP AP AP AP AP office for the sale of homes or lots in a subdivision that are a part of an approved tentative map and when there is a model complex plan/temporary office plan approved by the community development director C. Public and Quasi-Public Uses 1. Places of religious G-U-P CUP CUP CUP CUP CUP CUP wed assembly, with or without schools and/or social services, including emergency shelters 2. Clubhouses with or CUP CUP CUP CUP CUP without alcoholic beverage sales 3. Colleges and universities CUP 4. Energy production from CUP CUP CUP renewable resources 5. Governmental uses CUP CUP CUP CUP CUP r CUP CUP CUP GLIP including, but not limited to city offices, community • rooms, fire stations, human service centers, libraries, police stations, public utility facilities 6. Utility structures (electrical AP AP 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 zoning clearance) 7. Wireless communication facilities in accordance with the requirements of Chapter 17.42 a. Major wireless CUP CUP CUP CUP CUP CUP CUP CUP CUP communications facilities I b. Minor wireless AP AP AP AP AP AP AP AP AP communications facilities I S:\Community Development\DEV PMTS\Z 0 A\2010\01 Emergency Shltr Transition Hsng SROs RLUIPA Def Family\Exhibits\EXHIBIT B&C FINAL Chapter 17.20 20120626.docx 30 Resolution No. PC-2012- Page 8 Zones O-S A-E R-A R-E R-O R-1 R-2 RPD TPD c. Collocation wireless ZC ZC ZC ZC ZC ZC ZC ZC ZC communications facilities (consistent with definition of "collocation facility" in • Section 17.42.020) D. Accessory and Miscellaneous Uses I 1. Animal keeping as an accessory use when the primary use is residential in accordance with the requirements of Chapter 17.28 a. Apiculture ZC ZC ZC b. Aviaries AP AP _ AP AP c. Farm animals including NZC NZC NZC NZC NZC NZC NZC NZC horses and ponies subject to the requirements of Chapter 17.28 I d. Pet animals are allowed in NZC NZC NZC NZC NZC NZC NZC NZC NZC all zones subject to the requirements of Chapter 17.28 e. Wild animals subject to AP AP AP the requirements of Chapter 6.24 I 2. Accessory structures a. Balcony, deck, patio ZC ZC ZC ZC ZC ZC ZC ZC covers, room additions, or storage sheds I b. Fences and walls less NZC NZC NZC NZC NZC NZC NZC NZC NZC than six (6) feet and retaining walls less than three (3) feet in height, paving and decks when constructed lower than thirty (30) inches above the immediate surrounding natural grade I S:\Community Development\DEV PMTS\Z 0 A\2010\01 Emergency Shltr Transition Hsng SROs RLUIPA Def Family\Exhibits\EXHIBIT B&C FINAL Chapter 17.20 20120626.docx 31 Resolution No. PC-2012- Page 9 Zones 0-S A-E R-A R-E R-O R-1 R-2 RPD TPD - c. Fences and walls greater ZC ZC ZC ZC ZC ZC ZC ZC ZC than six (6) feet and retaining walls greater than three (3) feet in height, paving and decks when • constructed higher than thirty (30) inches above the immediate surrounding natural grade d. Swimming, wading, ZC ZC ZC ZC ZC ZC ZC ZC ZC ornamental pools, or spas where a building permit is required I e. Swimming, wading, NZC NZC NZC NZC NZC NZC NZC NZC NZC ornamental pools, or spas where a building permit is not required 3. Antenna or flag pole, ground mounted, non- commercial a. <35 feet high AP AP AP AP AP AP AP AP AP b. >35 feet high CUP CUP CUP CUP CUP CUP CUP CUP CUP 4. Dwelling, caretaker AP AP AP AP AP AP AP AP AP 5. Dwellings, farm labor AP AP AP 6. Home occupation when NZC NZC NZC NZC NZC NZC NZC NZC NZC conducted in an existing single family home and consistent with the requirements of Chapter 17.28 7. Maintenance and minor ZC ZC ZC ZC ZC ZC ZC ZC ZC repair to buildings involving structural alterations 8. Motion picture and TUP TUP TUP TUP TUP TUP TUP TUP TUP television production and related activities and structures (activities of a maximum of forty-two (42) days in any one hundred eighty (180) day period are considered temporary and shall comply with the requirements of Chapter 17.28 and Title 5 of the Moorpark Municipal Code I S:\Community Development\DEV PMTS\Z 0 A\2010\01 Emergency Shltr Transition Hsng SROs RLUIPA Def Family\Exhibits\EXHIBIT B&C FINAL Chapter 17.20 20120626.docx 32 Resolution No. PC-2012- Page 10 Zones 0-S A-E R-A R-E R-0 R-1 R-2 RPD TPD 9. Mobilehomes or TUP TUP TUP TUP TUP TUP TUP TUP TUP recreation vehicle as temporary dwelling on the site of an active building permit during construction 10. Produce stands in ZC ZC ZC ZC ZC ZC ZC ZC ZC compliance with the requirements of Chapter 17.28 11. Recreational facilities, CUP CUP CUP CUP CUP CUP CUP CUP non-profit or for profit, including, but not limited to athletic fields, bicycle and skate parks, community centers, golf courses, gymnasiums, retreats, riding stables. Bicycle and skate parks shall be in compliance with Chapter 17.28 (Public park and recreation facilities are permitted in all zones and do not require a CUP or aZC) I 12. Storage of building ZC ZC ZC ZC ZC ZC ZC ZC ZC materials in accordance with the requirements of Chapter 17.28 I 13. Storage, open consistent NZC NZC NZC NZC NZC NZC NZC NZC NZC with Chapter 17.28 14. Soil testing for wells, NZC NZC NZC NZC NZC NZC NZC NZC NZC foundations, septic systems and similar construction I 15. Temporary uses TUP TUP TUP TUP TUP TUP TUP TUP TUP including, but not limited to carnivals, Christmas tree sales, circuses, festivals, sidewalk sales, special events, outdoor sales, when in compliance with Chapter 17.44. Issuance of a temporary use permit shall take the place of a zoning clearance. Temporary uses lasting more than one hundred eighty (180) days require an AP. I S:\Community Development\DEV PMTS\Z 0 A12010\01 Emergency Shltr Transition Hsng SROs RLUIPA Def Family\Exhibits\EXHIBIT B&C FINAL Chapter 17.20 20120626.docx 33 Resolution No. PC-2012- Page 11 EXHIBIT C AMENDMENTS TO 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 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 Zones C-O C-1 CPD C-OT M-1 M-2 I A. Retail and Service Uses 1. Adult businesses when in ZC ZC compliance with Sections 17.24.040(N), 17.78.050 and Chapter 5.18 2. Alcoholic beverage sales for off- site consumption when in conjunction with another city-approved retail or service use other than automobile service station or liquor store a. Beer and/or wine (*if within one CUP AP* AP* AP* AP* hundred (100) feet of a residentially zoned property a conditional use permit is required) b. Beer, wine and other alcoholic CUP CUP CUP CUP CUP beverages 3. Automobile/light truck/motorcycle a. Brakes, oil changes, tires and CUP AP* AP* AP* shock sales and installation, tune-ups and other light service and repair (with or without hydraulic lifts) (*if within one hundred (100) feet of a residentially zoned.property a conditional use permit is required) S:\Community Development\DEV PMTS\Z 0 A\2010\01 Emergency Shltr Transition Hsng SROs RLUIPA Def Family\Exhibits\EXHIBIT B&C FINAL Chapter 17.20 20120626.docx 34 Resolution No. PC-2012- Page 12 Zones C-O C-1 C 2C C-OT M-1 M-2 b. Car washes, self-service or CUP CUP automatic with or without automotive services stations c. Engine rebuilding, transmission CUP CUP repair, steam cleaning, auto body, painting • d. Parts and supplies ZC ZC ZC ZC e. Rental AP AP AP f. Sales, with or without service and CUP CUP CUP parts g. Service stations with or without CUP CUP mini-marts and with or without beer and wine sales for off-site consumption 4. Body piercing and/or tattoo CUP 5. Building supplies (*if within one AP* CUP CUP hundred (100) feet of a residentially zoned property a conditional use permit is required) 6. Hay and feed sales CUP CUP 7. Hotels, motels and bed-and- CUP CUP CUP CUP breakfast inns when in compliance with Chapter 5.44 8. Kennels and catteries CUP CUP 9. Liquor stores (when located no CUP CUP CUP closer than one thousand (1,000) feet of any other liquor store or public or private school) 10. Medical marijuana (cannabis and all parts of that plant) dispensaries including any site, facility, location, use, cooperative or business which distributes, sells, exchanges, processes, delivers, gives away, or cultivates marijuana for medical purposes to qualified patients, health care providers, patients' primary caregivers, or physicians pursuant to Proposition 215, Health and Safety Code Section 11362.5 et seq., or any state regulations adopted in furtherance thereof S:\Community Development\DEV PMTS\Z 0 A\2010\01 Emergency Shltr Transition Hsng SROs RLUIPA Def Family\Exhibits\EXHIBIT B 8 C FINAL Chapter 17.20 20120E26.docx 35 Resolution No. PC-2012- Page 13 CPD Zones C-0 C-1 C-OT M-1 M-2 C-2 11. Nurseries (retail) with or without AP container grown plants when all equipment and supplies kept in an enclosed area 12. Nurseries (wholesale and/or AP retail) with or without container grown plants when all equipment and supplies kept in an enclosed area 13. Pawnshops when in compliance AP with Chapter 5.32 14. Pest control services (*if within AP* AP* one hundred (100) feet of a residentially zoned property a conditional use permit is required) 15. Private post offices, parcel ZC ZC ZC ZC services, copy centers 16. Psychics, fortunetelling, and CUP CUP CUP spiritual advisors when in compliance AP* with Title 5 of the Moorpark Municipal Code (*if within one hundred (100) feet of a residentially zoned property a conditional use permit is required) 17. Recreational vehicle storage CUP yards when not located on parcels adjacent to arterial roads or freeways as shown on the Moorpark Circulation Element Highway Network Map and with or without a caretaker dwelling 18. Recycling centers CUP CUP CUP 19. Recycling drop-off bins when ZC ZC ZC ZC ZC ZC located in an area determined by the community development director not to be in conflict with parking, vehicle or pedestrian circulation 20. Rental and leasing of large AP* AP* equipment with or without outdoor storage and repair (If within one hundred (100) feet of a residentially zoned property a conditional use permit is required) I SACommunity DeyelopmenttDEV PMTS\Z 0 A\2010101 Emergency Shltr Transition Hsng SROs RLUIPA Def Family■Exhibits‘EXHIBIT B&C FINAL Chapter 17 20 20120626d ocx 36 Resolution No. PC-2012- Page 14 Zones C-O C-1 CCPD C-OT M-1 M-2 21. Retail shops and personal service ZC ZC ZC establishments, except as otherwise indicated in this table, including, but not limited to, antiques, art and craft dealers and supplies, bakeries, barbers, beauty salons, bicycle sales/service, books and stationery, camera/photo stores including on-site processing, carpet and flooring sales/ cleaning/installation, clothing and fabric stores, computer sales and service, department and variety stores, dry cleaners, electronic equipment sales and service, florists, food markets, gift and novelty stores, hardware and tool stores, home and office furniture and equipment sales, home appliance sales and service, housewares sales, jewelry stores, key and locksmiths, music stores (including recorded music and • musical instrument sales, service, and lessons), newsstands, paint stores, party supply sales and rental, pet grooming, pet sales and supplies, pharmacies, photography studios, pool and spa sales and supplies, shoe stores, sporting goods and equestrian supplies, small equipment rental (no outdoor storage), toy and hobby stores, video/DVD/CD sales and rental, wireless sales/service, and uses which the community development director determines to be similar when in compliance with Section 17.20.030 22. Retail sales combined with limited AP* distribution and/or warehousing not exceeding forty percent (40%) of gross floor area of the building in which it is located (*if within one hundred (100) feet of a residentially zoned property a conditional use permit is required) S:\Community Development\DEV PMTS\Z 0 A\2010\01 Emergency Shltr Transition Hsng SROs RLUIPA Def Family\Exhibits\EXHIBIT 13&C FINAL Chapter 17.20 20120626.docx 37 Resolution No. PC-2012- Page 15 Zones C-O C-1 CCPD C-OT M-1 M-2 I 23. Retail sales in the M-1 and M-2 AP AP zone limited to a maximum of twenty percent (20%) of the gross floor area of the building in which it is located. In an industrial complex the twenty percent (20%) shall be computed on the basis of the cumulative total floor area of the industrial planned development (IPD) 24. Retail sales (temporary) in the M- TUP TUP 1 and M-2 zones. Issuance of a temporary use permit shall take the place of a zoning clearance 25. Thrift stores, secondhand shops AP AP consignment stores when in compliance with Chapter 5.32 26. Tobacco stores, including but not CUP limited to cigarette, cigar, and smoking paraphernalia shops B. Eating and drinking places 1. Bars with or without entertainment CUP CUP CUP CUP including, but not limited to cocktail lounges, cabarets 2. Breweries, micro breweries, CUP CUP CUP CUP wineries/tasting rooms with or without restaurant and with or without outdoor seating and with or without entertainment 3. Restaurants and similar establishments engaged primarily in the retail sale of prepared food for on- site or off-site consumption in accordance with the restrictions below: a. With or without entertainment and AP* AP* AP* AP* AP* with or without on-site consumption of CUP beer and wine and other alcoholic beverages and with or without outdoor seating (*if within one hundred (100) feet of a residentially zoned property a conditional use permit is required) S:\Community Development\DEV PMTS\Z 0 A\2010\01 Emergency Shltr Transition Hsng SROs RLUIPA Def Family\Exhibits\EXHIBIT B&C FINAL Chapter 17.20 20120626.docx 38 Resolution No. PC-2012- Page 16 Zones C-O C-1 CPD C-OT M-1 M-2 b. With drive-in or drive-through CUP CUP CUP CUP CUP facilities (sale of alcoholic beverages from the drive-in or drive-through facilities is prohibited) with or without outdoor seating I C. Office and Professional Uses I 1. Banks and other financial ZC ZC ZC ZC AP AP institutions I 2. Laboratories: research and AP AP AP scientific I 3. Professional and administrative ZC ZC ZC ZC ZC ZC offices, including, but not limited to: accounting, advertising agencies, chiropractic, collection services; dental, direct mail marketing companies, employment agencies, engineering services insurance, investment, massage businesses or establishments in compliance with Chapter 5.48; medical, optical and. related health services; planning services, real estate services; secretarial services, travel agencies, and uses which the community development director determines to be similar when in compliance with Section 17.20.030 4. Veterinary offices and animal hospitals a. Without boarding (keeping of AP AP AP AP AP AP animals indoors and on-site for medical purposes shall not be considered boarding) b. With boarding indoors or outdoors CUP CUP CUP D. Manufacturing, Assembly, Distribution, and Warehousing Uses 1. Cement, concrete and plaster, and CUP product fabrication 2. Distribution and transportation CUP CUP facilities 3. Heavy machinery repair, including CUP trucks, tractors and buses I S:\Community Development\DEV PMTS\Z 0 A\2010101 Emergency Shltr Transition Hsng SROs RLUIPA Oaf Family\Exhibits\EXHIBIT B&C FINAL Chapter 17.20 20120626.docc 39 Resolution No. PC-2012- Page 17 Zones C-O C-1 CCPD C-OT M-1 M-2 4. Manufacturing and assembly ZC* ZC* including, but not limited to, appliances, cabinets, cleaners, clothing, computers, cosmetics, detergents, electronics, furniture, leather products, machinery, medical and scientific instruments, paper, perfumes, pharmaceuticals, photographic and optical goods, plastic products, signs and advertising displays, soap, textiles and other uses which the community development director determines to be similar when in compliance with Section 17.20.030 (*if within one hundred (100) feet of a residentially zoned property an administrative permit is required) 1 5. Outdoor storage when in CUP AP* conjunction with a city approved use and when all storage is screened by an eight (8) foot high masonry wall architecturally matched to the structure. (*if within one hundred (100) feet of a residentially zoned property a conditional use permit is required) 6. Self-storage or mini-storage when CUP CUP not located on parcels adjacent to arterial roads or freeways as shown on the Moorpark Circulation Element Highway Network Map and with or without a caretaker dwelling 7. Warehousing AP AP 8. Welding AP AP E. Public and Semi-Public Uses 1. Amusement and recreational facilities as defined in Chapter 17.08 a. Arcades (video and computer) and CUP CUP CUP CUP cyber cafés b. Health club/gymnasium/fitness AP* AP* AP* AP* AP* center/spa (*if within one hundred (100) feet of a residentially zoned property a conditional use permit is required) S:\Community Development\DEV PMTS\Z 0 A\2010\01 Emergency Shltr Transition Hsng SROs RLUIPA Def Family\Exhibits\EXHIBIT B&C FINAL Chapter 17.20 20120626.docx 40 Resolution No. PC-2012- Page 18 Zones C-O C-1 CPD C-OT M-1 M-2 I 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 e. Golf driving ranges, golf putting CUP CUP preens and miniature golf, parks and playgrounds 2. Care facilities, including adult day CUP CUP CUP 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;transitional transitional shelter care facilities as defined in Division 2 of the Health and Safety Code 3. Emergency shelters in compliance ZC* 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 assembly1 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; 35. Clubhouses, social clubs, service CUP CUP clubs with or without alcohol I 46. Energy production from renewable CUP CUP resources S:\Community Development\DEV PMTS\Z 0 A\2010\01 Emergency Shltr Transition Hsng SROs RLUIPA Def Family\Exhibits\EXHIBIT B&C FINAL Chapter 17.20 20120626 Poo( 41 Resolution No. PC-2012- Page 19 Zones C-O C-1 C 2U C-OT M-1 M-2 67. 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 68. Hospitals including urgent care (*if AP* AP* AP* AP* within one hundred (100) feet of a CUP residentially zoned property a conditional use permit is required) 79. Places of religious CUP CUP AP* AP* GUR CUP CUP worshipassembly, with or without AP* schools and/or social services, including emergency shelters (*if within one hundred (100) feet of a residentially zoned property a conditional use permit is required) I 610. Private education facilities CUP including, but not limited to, colleges and universities, elementary, middle and high schools 611. Private training facilities AP* AP* AP* AP* AP* including, but not limited to, CUP CUP 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) 1012. Recreational facilities (private) AP—* AP* AP* AP* AP* CUP with/without food services, including but not limited to, bicycle and skate parks, golf courses, gymnasiums, fitness, health spas, martial arts, racquetball, yoga. 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) S:\Community Development\DEV PMTS\Z 0 A\2010\01 Emergency Shltr Transition Hsng SROs RLUIPA Oaf Family\Exhibits\EXHIBIT B&C FINAL Chapter 17.20 20120626.docx 42 Resolution No. PC-2012- Page 20 Zones C-O C-1 CCPD C-OT M-1 M-2 I 4413. 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) 1214. 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) F. Accessory and Miscellaneous Uses 1. Outdoor sales CUP CUP CUP CUP CUP CUP 2. Retail shops and services as listed AP in Table 17.20.060(A)(21) when the uses are determined by the community development director to be ancillary to office use of the property 3. Motion picture and television TUP TUP TUP TUP TUP TUP TUP production and related activities and structures (activities of a maximum of forty-two (42) days in any one hundred eighty (180) day period are considered temporary and shall comply with the requirements of Chapter 17.28 and Title 5 of the Moorpark Municipal Code) 4. Temporary uses including, but not TUP TUP TUP TUP TUP TUP TUP limited to carnivals, Christmas tree sales, circuses, festivals, sidewalk sales, special events, outdoor sales, when in compliance with Chapter 17.44. Issuance of a temporary use permit shall take the place of a zoning clearance. Temporary uses lasting more than one hundred eighty (180) days require an AP S:\Community Development\DEV PMTS\Z 0 A12010\01 Emergency Shltr Transition Hsng SROs RLUIPA Def Family\Exhibits\EXHIBIT B&C FINAL Chapter 17.20 20120626.docx 43 Resolution No. PC-2012- Page 21 EXHIBIT D ADDING SECTION 17.28.060 EMERGENCY SHELTERS, AND SINGLE ROOM OCCUPANCY UNIT DEVELOPMENTS TO CHAPTER 17.28 STANDARDS FOR SPECIFIC USES TO TITLE 17 ZONING OF THE MOORPARK MUNICIPAL CODE 17.28.060 Emergency shelters, and single room occupancy unit developments. A. Emergency Shelters. 1. One (1) Emergency shelter facility per lot is allowed and shall be located at least five hundred (500) feet from any other Emergency shelter, as measured from the closest property line. Emergency shelters shall be located within one-half (V2) mile of a transit stop. 2. Overnight occupancy shall be limited to one (1) bed per seventy (70) square feet of sleeping area and shall be in accordance with city Building Code requirements. Maximum occupancy per facility shall be limited to thirty (30) beds. For purposes of determining maximum occupancy, one (1) shelter client per bed is assumed. 3. General Development Requirements. Emergency shelters shall comply with development requirements of the underlying zone. 4. Lighting. Lighting shall comply with Chapter 17.30 of this code. 5. Parking. Parking shall comply with Chapter 17.32 of this code. 6. Signage. Signage shall comply with Chapter 17.40 of this code. 7. Services and Facilities shall be provided for Emergency shelters as follows: a. A client intake and waiting area shall be provided and shall be adequately sized to accommodate waiting clients. The intake area must be indoors. b. The facility shall provide a sleeping area and separate restrooms for males and females and shall comply with city Building Code requirements. c. Other on-site services that are permitted include: i. Showers ii. Laundry facilities iii. Kitchen, food preparation, and dining areas. iv. Storage areas to secure client belongings. v. Private area or office for providing referral services to assist shelter clients. vi. Other similar services for clients, as determined by the Community Development Director. 8. Prior to issuance of a zoning clearance for occupancy, a written operational plan for the facility shall be submitted to the Community Development Director and Moorpark Police Chief that demonstrates compliance with all zoning requirements. The operational plan shall contain the name, address, phone number and driver's license number of the owner, operator and facility manager; and specific operational procedures including but not limited to the following: a. Clients must vacate shelter between nine (9:00) a.m. and five (5:00) p.m. daily. b. Clients shall not use the facility for more than one hundred eighty (180) days. 9. Maintenance. Facilities shall be maintained in a neat, safe, and orderly manner. S:\Community DevelopmentlDEV PMTSIZ 0 A12010101 Emergency Shltr Transition Hsng SROs RLUIPA Def Family\Exhibits\EXHIBIT D FINAL Section 17 28 080 Emer Shltr SRO dev Standards_20120828,docx 44 Resolution No. PC-2012- Page 22 B. Single Room Occupancy (SRO) Unit Developments. 1. One (1) Single Room Occupancy (SRO) unit development per lot is allowed, and shall be located at least five hundred (500) feet from any other SRO unit development, as measured from the closest property line. 2. Facilities shall be provided for SRO unit developments as follows: a. Minimum unit size of two hundred (200) square feet for single person occupancy and two hundred fifty (250) square feet for two (2) person occupancy. b. Maximum unit size of four hundred (400) square feet. c. Maximum of fifteen (15) SRO units per development. d. Other on-site services that are permitted include: i. Laundry facilities ii. Manager's office iii. Other similar services for clients, as determined by the Community Development Director. 3. No Transient occupancy, units must be occupied as the primary residence of the client. 4. Prior to issuance of a zoning clearance for occupancy, a written operational plan for the facility shall be submitted to the Community Development Director and Moorpark Police Chief that demonstrates compliance with all zoning requirements. The operational plan shall contain the name, address, phone number and driver's license number of the owner, operator and facility manager. 5. General Development Requirements. SRO unit developments shall comply with C-2 zone development requirements. 6. Lighting. Lighting shall comply with Chapter 17.30 of this code. 7. Parking. Parking shall comply with Chapter 17.32 of this code. 8. Signage. Signage shall comply with Chapter 17.40 of this code. 9. Maintenance. Facilities shall be maintained in a neat, safe, and orderly manner. S\Communay Development\DEVPMTSZ 0 A\2010 W1 01 Emergency Shltr Transition Hang SROs RLUIPA Del Famay‘ExhIbIts\EXHIBIT D FINAL Section 17 25 050 Emer Sh5r SRO den standards_20120628 doe.% 45 l° it. u\ .---'-'-1,z y fI it Statement of the Department of Justice on the Land-Use Provisions of the Religious Land Use and Institutionalized Persons Act(RLUIPA) The Religious Land Use and Institutionalized Persons Act(RLUIPA),42 U.S.C. § 2000cc et seq., is a civil rights law that protects individuals and religious institutions from discriminatory and unduly burdensome land use regulations.' After hearings in which Congress found that religious assemblies and institutions were disproportionately affected, and in fact often were actively discriminated against,in local land use decisions, Congress passed RLUIPA unanimously in 2000. President Clinton signed RLUIPA into law on September 22,2000. Congress found that zoning authorities were frequently placing excessive or unreasonable burdens on the ability of congregations and individuals to exercise their faith with little to no justification and in violation of the Constitution. Congress further found that religious institutions often faced both subtle and overt discrimination in zoning,particularly minority,newer, smaller, or unfamiliar religious groups and denominations.2 Congress also found that,as a whole,religious institutions were treated worse than comparable secular institutions by zoning codes and zoning authorities. As RLUIPA's Senate sponsors, Senator Hatch and the late Senator Kennedy, said in their joint statement issued upon the bill's passage: "Zoning codes frequently exclude churches in places where they permit theaters,meetings halls, and other places where large groups of people assemble for secular purposes. . . . Churches have been denied the right to meet in rented storefronts, in abandoned schools, in converted funeral homes,theaters, and skating rinks—in all sorts of buildings that were permitted when they generated traffic for secular purposes.i3 Congress further found that zoning authorities frequently were placing excessive burdens on the ability of congregations and individuals to exercise their faiths without sufficient justification, in violation of the Constitution. 'This Statement deals with RLUIPA's land use provisions. Another section of RLUIPA protects the religious freedom of persons confined to prisons and certain other institutions. 2 146 CoNG.REC.S7774(daily ed.July 27,2000)(joint statement of Senators Hatch and Kennedy). 3 Id. at S7774-75. PC ATTACHMENT 2 46 RLUIPA provides a number of important protections for the religious freedom of persons,places of worship,religious schools, and other religious assemblies and institutions, including: • Protection against substantial burdens on religious exercise: Section 2(a) of RLUIPA prohibits the implementation of any land use regulation that imposes a "substantial burden"on the religious exercise of a person or institution except where justified by a"compelling governmental interest"that the government pursues in the least restrictive way possible. • Protection against unequal treatment for religious assemblies and institutions: Section 2(b)(1)of RLUIPA provides that religious assemblies and institutions must be treated at least as well as nonreligious assemblies and institutions. • Protection against religious or denominational discrimination: Section 2(b)(2) of RLUIPA prohibits discrimination"against any assembly or institution on the basis of religion or religious denomination." • Protection against total exclusion of religious assemblies: Section 2(b)(3)(A) of RLUIPA provides that governments must not totally exclude religious assemblies from a jurisdiction. • Protection against unreasonable limitation of religious assemblies: Section 2(b)(3)(B) of RLUIPA provides that government must not unreasonably limit "religious assemblies, institutions,or structures within a jurisdiction." RLUIPA's protections can be enforced by the Department of Justice or by private lawsuits. In the ten years since its passage, RLUIPA has been applied in a wide variety of contexts and has been the subject of substantial litigation in the courts. It is a complex statute,with five separate provisions that protect religious exercise in different but sometimes overlapping ways. In order to assist persons and institutions in understanding their rights under RLUIPA, and to assist municipalities and other government entities in meeting the requirements imposed on them by RLUIPA,the Department of Justice has created this summary and accompanying questions and answers. Date: September 22, 2010 Questions and Answers on the Land-Use Provisions of RLUIPA 1. Who is protected and what types of activities are covered by RLUIPA? RLUIPA protects the religious exercise of"persons," defined to include religious assemblies and institutions in addition to individuals. RLUIPA has been used, for 47 example,to protect houses of worship, individuals holding prayer meetings in their homes, religious schools,religious retreat centers,faith-based homeless shelters, soup kitchens, group homes, and other social services. 2. What does"religious exercise"include? RLUIPA provides in Section 8 that"religious exercise" includes any exercise of religion, "whether or not compelled by, or central to,a system of religious belief." Thus a county or municipality cannot avoid the force of RLUIPA by asserting that a particular religious activity is something that a religious group merely wants to do rather than something that it must do. For example, a town could not claim that Wednesday prayer meetings are not religious exercise because they are less central to a church's beliefs or less compulsory than Sunday worship services. RLUIPA also specifies in Section 8 that"[t]he use,building, or conversion of real property for the purpose of religious exercise shall be considered to be religious exercise . . . ." This provision makes clear that construction or expansion of places of worship and other properties used for religious exercise purposes is religious exercise under RLUIPA. Religious exercise covers a wide range of activities, including operation of homeless shelters, soup kitchens, and other social services; accessory uses such as fellowship halls, parish halls and similar buildings or rooms used for meetings,religious education, and similar functions; operation of a religious retreat center in a house;religious gatherings in homes; and construction or expansion of schools, even where the facilities would be used for both secular and religious educational activities. 3. Who is bound by RLUIPA's requirements? RLUIPA applies to states (including state departments and agencies) and their subdivisions such as counties,municipalities,villages,towns, cities, city councils, planning boards, zoning boards and zoning appeals boards. RLUIPA does not cover the actions of private citizens unless acting under color of state law, such as government employees. RLUIPA does not apply to the federal government,though another similar law,the Religious Freedom Restoration Act,42 U.S.C. §2000bb, does. 4. Does RLUIPA exempt religious assemblies and institutions from local zoning laws? No. RLUIPA is not a blanket exemption from zoning laws. As a general matter, religious institutions must apply for the same permits,follow the same requirements, and go through the same land-use processes as other land users. RLUIPA does not pre-empt or replace the normal zoning code. Rather, it imposes a number of safeguards and 48 requirements on local governments regarding zoning that impact religious uses by requiring that: • the zoning law or its application not substantially burden religious exercise without compelling justification pursued through the least restrictive means, • the zoning law not treat religious uses less favorably than nonreligious assemblies and institutions, • the law not discriminate based on religion or religious denomination, and • the jurisdiction not totally or unreasonably restrict religious uses. When there is a conflict between RLUIPA and the zoning code or how it is applied, RLUIPA, as a federal civil rights law,takes precedence and the zoning law must give way. So long as a municipality applies its codes uniformly and does not impose an unjustified substantial burden on religious exercise, it may apply traditional zoning concerns—such as regulations addressing traffic,hours of use,parking,maximum capacity, intensity of use, setbacks,frontage—to religious uses just as they are applied to any other land uses. 5. Are there occasions when a religious assembly or institution does not have to apply for zoning approval, and appeal any denial,before it has recourse to RLUIPA? As a practical matter, applying for a zoning permit, special use permit, conditional use permit, special exception,variance,rezoning, or other zoning procedure, and appealing within that system in case of denials, is often the fastest and most efficient way to obtain ultimate approval. Religious institutions and local governments are encouraged to attempt to resolve disputes through established zoning processes. In some circumstances courts have held that religious institutions need not make an application or appeal before filing a RLUIPA lawsuit. These include settings where further application or appeal would be futile under the circumstances,or there would be excessive delay,uncertainty or expense, or if the application requirements are discriminatory on their face. 6. RLUIPA applies to any "land use regulation." What does that mean? RLUIPA defines land use regulation as a"zoning or landmarking law . .that limits or restricts a claimant's use or development of land." Zoning law encompasses laws, ordinances or codes that determine what type of building or land use can be located in what areas and under what conditions. Landmark preservation laws are restrictions that municipalities place on specific buildings or sites to preserve those that are deemed significant for historical, architectural,or cultural reasons. RLUIPA's definition of land use regulation,however, does not extend to every type of law involving land, such as fire 49 codes, ordinances requiring use of municipal sewer laws regarding property taxes, roost |uodiOnd'teoao1lavvo, laws governi trespass, and others. 7. Does RLUIPA apply to local governments using eminent domain to take property owned by religious institutions? "Eminent domain"refers to government taking of private property for public use with just compensation. As a general matter, it is not a zoning or landmarking law, and thus RLUIPA will not apply. However, where municipalities have tried to use eminent domain to short-circuit the zoning process for places of worship that have applied for zoning approval, courts have found that such actions may be covered by RLUIPA. 8. Can places of worship still be landmarked? Yes,places of worship can be landmarked. However, like any other land-use regulation, landmarking designations that impose a substantial burden on religious exercise must be justified by compelling government interests and pursued in the least restrictive means. Also, landmarking regulations must not be applied discriminatorily. 9. What kinds of burdens on religious exercise are"substantial burdens" under RLUIPA? The substantial burden inquiry is fact-intensive,and looks at the degree to which a zoning or landmarking restriction is likely to impair the ability of a person or group to engage in the religious exercise in question. Whether a particular restriction or set of restrictions will be a substantial burden on a complainant's religious exercise will vary based on context, such as the size and resources of the burdened party, the actual religious needs of an individual or religious congregation,the level of current or imminent space constraints,whether alternative properties are reasonably available,the history of a complainant's efforts to locate within a community,the absence of good faith by the zoning authorities, and many other factors. Generally,when a municipality takes one of the following types of actions, it may constitute a substantial burden on religious exercise under RLUIPA: • effectively barring the use of a particular property for religious activity; • imposing a si oiflcuot/y great restriction on religious use of a property;or • creating significant delay, uncertainty,or expense in constructing or expanding a place of worship,religious school, or other religious facility. Courts have,for example, found substantial burdens on religious exercise in a denial of a church construction permit due to onerous off-street parking requirements imposed by a city, a permit condition requiring a reli ious retreat center to operate as a bed-and-breakfast, a denial of construction of a parish center, a denial of expansion plans for a religious school, and a denial of the ability to convert a building's storage space to religious use. 50 Conversely, courts have found no substantial burden violation when a church was denied the amount of off-street parking it would have preferred when there were reasonable parking alternatives available,when a religious high school was denied the ability to operate a commercial fitness center and dance studio out of a portion of its building,and when a church was barred from demolishing an adjacent landmarked building it had purchased in order to construct a family life center, as there was other space on the church's campus that would be suitable. 10' RLUIPA contains a complicated description about when the"substantial burden" section will apply. Just when does the"substantial burden" test apply in a particular case? RLUIPA applies the substantial burden test to zoning or landmarking laws that have procedures in place under which the government makes"individualized assessments of the proposed uses for the property invnlved." By their nature,zoning or landmarking decisions typically involve such"individualized assessments." Individualized assessments are present when the government looks at and considers the particular details of a proposed land use in deciding whether to permit or deny the use. It thus will cover most applications for variances, special use permits, special exceptions, rezoning requests, conditional use permits,zoning appeals,and similar applications for relief, since these all ordinarily involve the government reviewing the facts and making discretionary determinations whether to grant or r ject an application. A denial of a building or occupancy permit based solely on a mechanical, objective basis with no discretion on the part of the decision maker would not be an individualized assessment and thus would not require the application of the substantial burden test. Practically, however, such purely ^^ozinioteria}" situations are extremely rare in zoning disputes. Even if a zoning or landmarking case did not involve an individualized assessment, the substantial burden test still applies if the use at issue impacts interstate commerce, such as construction or expansion p 'eutu,or if there is federal funding involved. 11. What are examples of compelling interests that will permit local governments to impose substantial burdens on religious exercise? A government cannot impose a substantial burden on religious exercise unless it has a compelling governmental interest for doing so that is pursued through means that are the least restr otivo of religious freedom possible. "Compelling interest" is a legal term meaning interests "of the highest order." Government interests that are merely reasonably or even significantly important are insufficient. Courts have ruled that municipal interests in revenue generation, economic development or eliminating congestion, are not compelling. The burden of proving that an interest is compelling lies squarely on the local government. les of interests that may be compelling are those related to preserving public health and safety. For example, safety concerns relating to traffic can be compelling. 51 However, a county or municipality cannot simply point to an interest in traffic safety in the abstract as a compelling interest justifying a substantial burden on religious exercise. Rather,the government must show that it has a compelling interest in achieving that interest through the particular restriction at issue, such as safety interests in regulating traffic flow on the particular street at issue. Even where an interest is compelling, it must be pursued through the least restrictive means. If there is another way that the government could achieve the same compelling interest that would impose a lesser burden on religious exercise, it must choose that way rather than the more burdensome way. 12. What does RLUIPA require of government with regard to the treatment of religious assemblies and institutions as well as nonreligious assemblies and institutions? Section 2(b)(1) of RLUIPA contains a provision,known as the"equal terms provision." It provides that"[n]o government shall impose or implement a land use regulation in a manner that treats a religious assembly or institution on less than equal terms with a nonreligious assembly or institution." This section extends to ordinances that on their face treat religious assemblies or institutions on less than equal terms, as well as ordinances that, although facially neutral, are applied in a manner that treat religious assemblies or institutions on less than equal terms than nonreligious assemblies or institutions. Congress enacted this provision to address the problem of zoning codes, either facially or in application, excluding places of worship where secular assemblies are permitted. The legislative history points to the problem of houses of worship being excluded where theaters,meeting halls,private clubs, and other secular assembly places are permitted. Determining if a religious assembly is treated on"less than equal terms"than a secular assembly or institution requires a comparison of how the two types of entities are treated in a zoning code. Courts have differed regarding how such a comparison is made, and thus the precise legal test for determining when this section is violated will vary depending on the judicial circuit in which the case arises. Courts have found the equal terms section violated in situations where places of worship were forbidden but private clubs were permitted,where religious assemblies were forbidden but auditoriums, assembly halls, community centers, senior citizen centers, civic clubs, day care centers, and other assemblies were permitted, and where places of worship were forbidden but community centers,fraternal associations, and political clubs were permitted. Regardless of the legal test employed in a particular jurisdiction,however, local governments can avoid violating this section of RLUIPA by ensuring that their regulations focus on external factors such as size, impact on traffic and parking, intensity 52 of use, hours of operation, noise, and similar objective criteria in regulating land uses, rather than focusing on the content of the speech and assembly activities being regulated. 13. What constitutes discrimination based on religion or religious denomination under RLUIPA? Section 2(b)(2) of RLUIPA bars implementation of a land use regulation that discriminates on the basis of religion or religious denomination. This bar applies to application of land use regulations that facially discriminate, as well as applications of land use regulation that are facially neutral but which in fact discriminate based on religion or religious denomination. Thus if a zoning permit is denied because town officials do not like members of a particular religious group,or if for any other reason an applicant is denied a zoning permit that would have been given to it had it been part of a different religion or religious denomination, Section 2(b)(2)has been violated. Because this section applies to discrimination based on either religion or religious denomination, it can apply to situations where a city may not be discriminating against all members of a religion,but merely a particular sub-group or sect. 14. What does it mean for a local government to totally exclude religious uses from a jurisdiction? Section 2(b)(3)(A)prohibits local governments from"totally exclud[ing] religious assemblies from a jurisdiction." If a city,town or county had no location where religious uses are permitted,that would be a facial violation of Section 2(b)(3). 15. What does it mean for a local government to impose unreasonable limitations on a religious assembly,institution, or structure? Section 2(b)(3)(B) prohibits land use regulations that"unreasonably limit[]"religious assemblies, institutions, or structures within a jurisdiction. This provision is violated if a municipality's land use laws, or their application, deprive religious institutions and assemblies of reasonable opportunities to use and construct structures within that jurisdiction. A determination of reasonableness depends on a review of all of the facts in a particular jurisdiction, including the availability of land and the economics of religious organizations. Courts have found unreasonable limitations where regulations effectively left few sites for construction of houses of worship, such as through excessive frontage and spacing requirements, or have imposed steep and questionable expenses on applicants. 16. When must someone file suit under RLUIPA? RLUIPA lawsuits brought by private plaintiffs must be filed in state or federal court within four years of the alleged RLUIPA violation. 53 17. What can a local government do to avoid liability under RLUIPA? RLUIPA contains a"safe harbor"provision that protects a local government from application of RLUIPA's enforcement provisions if it takes steps to ameliorate the violation. Section 4(e)provides that a local government can avoid the force of RLUIPA's provisions by: • changing the policy or practice that results in a substantial burden on religious exercise; • retaining the policy or practice and exempting the substantially burdened religious exercise; • providing exemptions from the policy or practice for applications that substantially burden religious exercise; or • any other means that eliminates the substantial burden. 18. What is the Department of Justice's role in enforcing RLUIPA? The Department of Justice is authorized to file a lawsuit under RLUIPA for declaratory or injunctive relief,but not for damages. For example,the Department may bring suit seeking an order from a court requiring a municipality that has violated RLUIPA to amend its discriminatory zoning codes or grant specific zoning permits to a place of worship,religious school, or other religious use. However,the Department may not seek monetary awards on behalf of persons or institutions that have been injured. Those who have suffered monetary damages from RLUIPA violations must file individual suits. The Housing and Civil Enforcement Section of the Civil Rights Division has the delegated authority within the Department to investigate and bring RLUIPA lawsuits, both on its own and in conjunction with United States Attorney's offices around the country. If you believe you have a potential RLUIPA violation case,you should bring it to the attention of the Department of Justice as soon as possible to allow adequate time for review. The Department receives many complaints from individuals and groups whose rights under RLUIPA may have been violated. While it cannot bring suit in all cases,the Department may take a number of actions in addition to filing suit to resolve RLUIPA matters. The Department may involve the Community Relations Service (CRS)to address community unrest or discord. It may contact the municipality to educate it regarding its obligations under RLUIPA. It may file an amicus brief to weigh in on an important point of law. In deciding whether to file suit,the Department considers a number of factors including whether a case involves important or recurring issues, particularly serious violations of law, or if it is a case that will set precedent for future cases. Many of the Department's cases have been resolved by negotiating consent decrees that lay out a municipality's specific obligations to comply with the law. Aggrieved individuals and institutions are encouraged to seek private counsel to protect their rights, in addition to contacting the Department of Justice. 54 19. How can someone contact the Department of Justice about a RLUIPA matter? The Civil Rights Division's Housing and Civil Enforcement Section may be reached by phone at: (202) 514-4713 (800) 514-1116 (202)305-1882 (TTY) (202) 514-1116(fax). The mailing address is: U.S.Department of Justice Civil Rights Division 950 Pennsylvania Avenue,N.W. Housing and Civil Enforcement Section,NWB Washington,D.C. 20530 55 PROJECT EXHIBIT A. ZONING MAP (11" X 17") (UNDER SEPARATE COVER) COPIES OF THE EXHIBIT ARE AVAILABLE UPON REQUEST OF THE PROJECT PLANNER PC ATTACHMENT 3 56 ITEM: 9.A. MOORPARK,CALIFORNIA Planning Commission of fo.20. 2017-- ACTION:APPROVED=PE gECon.4 t. -no, . BY: T. CEHI..EMe MOORPARK PLANNING COMMISSION AGENDA REPORT TO: Honorable Planning Commission \ 1 FROM: David A. Bobardt, Community Developme irector I Prepared by Joseph Fiss, Principal Planne DATE: June 13, 2012 (PC Meeting of 6126/2012) SUBJECT: Consider Permit Adjustment (PA) 1 to Conditional Use Permit (CUP) No. 2010-06 at 680 Flinn Avenue #31 to Delete Condition No. 5 Related to Limits on Beer Tastings on the Application of Chris Enegren (Enegren Brewing Co. LLC) BACKGROUND On June 11, 2012 Chris Enegren on behalf of Enegren Brewing Co. LLC, applied for Permit Adjustment No. 1 to CUP No. 2010-06 requesting removal of Special Condition No. 5, related to limits on beer tastings at an existing microbrewery located at 680 Flinn Avenue #31. DISCUSSION On September 28, 2010, the Planning Commission adopted Resolution No. PC-2010- 556 (Attachment No. 2) approving CUP No. 2010-06, to allow an approximately 1,400 square-foot microbrewery within an existing industrial building. Condition No. 5 of the CUP states "No more than four tastings are permitted to be served to any individual within any two hour period." The applicant is requesting a Permit Adjustment to eliminate this condition. A Permit Adjustment applies to any change which would not alter any of the project findings and would not have any adverse impact on surrounding properties. Although a Permit Adjustment is normally considered by the Community Development Director, this one involves a change to the Conditions of Approval that were adopted by the Planning Commission for this project. Therefore, the Community Development Director is elevating the decision on the Permit Adjustment to the Planning Commission. 57 Honorable Planning Commission June 26, 2012 Page 2 The applicant currently operates under a Type 23 license from the California Department of Alcohol Beverage Control (ABC). This type of license allows for on- and off-site beer tastings, under certain conditions. Tastings are not limited in number or volume by ABC. Attachment No. 1 includes the applicable ABC code sections for reference. As mentioned above, Condition No. 5 of the original approval states "No more than four tastings are permitted to be served to any individual within any two hour period." Although the condition does not state a size for the tastings, the applicant has limited the size to 5 ounces, consistent with what was represented to the Planning Commission at the public hearing when considering the CUP. The applicant is requesting deletion of this condition, in order to have more flexibility to conduct more formal tastings and food pairings, without limitation to the number or volume of tastings, to be able to compete fairly with other microbreweries in the region. If approved, this modification, like the original permit, still would not allow for any outdoor service or consumption of alcoholic beverages. Any special events, outside of an ordinary tasting during regular business hours, would require approval of a Temporary Use Permit. Staff has researched the manner in which other cities have been addressing this issue and has found that tastings are handled in the same manner as the ABC handles them. Conditions of approval are typically placed on the request in a manner similar to those of restaurants and bars. The conditions do not limit how much alcohol is consumed, but rather place performance standards related to hours of operation, signage, responsibility of servers, etc. Such conditions are already included as standard conditions of approval on the Conditional Use Permit for this microbrewery. A review by the Police Department shows that there have been no drunken driving arrests related to Enegren Brewing, and the Community Development Department has received no complaints related this business since they have opened. Based on its record and typical conditions used for microbreweries in other cities, staff recommends that Condition No. 5 be deleted from this Conditional Use Permit. STAFF RECOMMENDATION Direct the Community Development Director to issue a letter approving Permit Adjustment No. 1 to Conditional Use Permit 2010-06. ATTACHMENTS: 1. ABC Licenses and Business and Professions Code Excerpt 2. Standard Conditions for Alcoholic Beverage Sales and Service 3. Resolution No. PC-2010-556 4. Draft Permit Adjustment Approval Letter \\DC1\Department Share\Community Development\DEV PMTS\C U P\2010\2010-06 Enegren Brewing Co\PA No.1 to CUP 2010-06\PC Agenda Report 120620.docx 58 Honorable Planning Commission June 26, 2012 Page 3 ABC LICENSES AND BUSINESS AND PROFESSIONS CODE EXCERPT Type 23 SMALL BEER MANUFACTURER - (Brew Pub or Micro-brewery) Authorizes the same privileges and restrictions as a Type 01. A brewpub is typically a very small brewery with a restaurant. A micro-brewery is a small-scale brewery operation that typically is dedicated solely to the production of specialty beers, although some do have a restaurant or pub on their manufacturing plant. Type 1 BEER MANUFACTURER - (Large Brewery) Authorizes the sale of beer to any person holding a license authorizing the sale of beer, and to consumers for consumption on or off the manufacturer's licensed premises. Without any additional licenses, may sell beer and wine, regardless of source, to consumers for consumption at a bona fide public eating place on the manufacturer's licensed premises or at a bona fide eating place contiguous to the manufacturer's licensed premises. May conduct beer tastings under specified conditions (Section 23357.3). Minors are allowed on the premises. Business and Professions Code 23357.3: (a) A beer manufacturer's license or out-of-state beer manufacturer's certificate issued to a manufacturer located within the United States authorizes the licensee to conduct tastings of beer produced or bottled by, or produced or bottled for, the licensee, on or off the licensee's premises. Beer tastings may be conducted by the licensee off the licensee's premises only for an event sponsored by a nonprofit organization and only if persons attending the event are affiliated with the sponsor. No beer shall be sold or solicited for sale in that portion of the premises where the beer tasting is being conducted. Notwithstanding Section 25600, the manufacturer may provide beer without charge for any tastings conducted pursuant to this section. (b) (1) For purposes of this section, "nonprofit organization" does not include any community college or other institution of higher learning, as defined in the Education Code, nor does it include any officially recognized club, fraternity, or sorority whether or not that entity is located on or off the institution's campus. (2) For purposes of this section, "affiliated with the sponsor" means directors, officers, members, employees, and volunteers of bona fide charitable, fraternal, political, religious, trade, service, or similar nonprofit organizations and their invited guests. (3) For purposes of this section, persons "affiliated with the sponsor" also includes up to three guests invited by persons described in paragraph (2). (c) The sponsoring organization shall first obtain a permit from the department at a fee equal to the actual cost of issuing the permit but not to exceed twenty-five dollars ($25) per day. (d) The department may adopt rules and regulations as it determines to be necessary for the administration of this section. PC ATTACHMENT 1 \\DC1\Department Share\Community Development\DEV PMTS\C U P\2010\2010-06 Enegren Brewing Co\PA No.1 to CUP 2010-06\PC Agenda Report 120620 docx 59 Honorable Planning Commission June 26, 2012 Page 4 STANDARD CONDITIONS FOR ALCOHOLIC BEVERAGE SALES AND SERVICE 31. The development must be in substantial conformance with the plans presented in conjunction with this application, except any modifications as may be required to meet specific Code standards or other conditions stipulated herein. 32. All necessary permits must be obtained from the Building and Safety Department and all construction shall be in compliance with the Moorpark Building Code and all other applicable regulations. 33. Approval of a Zoning Clearance is required prior to the issuance of building permits. All other permit and fee requirements must be met. 34. Entertainment is not approved as part of this Conditional Use Permit and requires approval of a separate permit. 35. Security personnel must be provided to monitor the parking area(s) designated for use by customers of the restaurant during any activity that may require the need for additional security such as an outdoor concert or special sales event or exhibit. The applicant shall work with the Police Department, Fire Department, and Community Development Department staff to determine which activities require additional security. The owner/manager shall be required to obtain Temporary Use Permit approval from the City of Moorpark when a scheduled activity could create a need for increased police presence. The only exception is for special events held by Moorpark-based non-profit groups. 36. The applicant shall reimburse the City of Moorpark for any additional police or other costs incurred by the City as a result of operations approved by this Conditional Use Permit, including fifteen (15%) percent overhead on any such services. 37. No person under the age of eighteen (18) may serve or package alcoholic beverages. 38. All exterior areas of the site, including parking areas under use by the facility, must be maintained free of litter and debris at all times. 39. This Conditional Use Permit may be revoked or its use suspended by the City, if any of the causes listed in Section 17.44.100.B of the Zoning Code are found to apply, including if the use for which the permit was granted has not been exercised for at least twelve (12) consecutive months, has ceased to exist, or has been abandoned. The discontinuance for a period of one hundred eighty (180) or more days of a nonconforming use or a change of nonconforming use to a conforming use constitutes abandonment and termination of the nonconforming status of the use. PC ATTACHMENT 2 \\DC1\Department Share\Community Development\DEV PMTS\C U P\2010\2010-06 Enegren Brewing Co\PA No 1 to CUP 2010-061PC Agenda Report 120620 docx 60 Honorable Planning Commission June 26, 2012 Page 5 40. The City of Moorpark reserves the right to modify, suspend or revoke for cause this Conditional Use Permit consistent with Chapter 17.44 of the Moorpark Municipal Code or as said Code may be amended or supplemented in the future. 41. Sales, service or consumption of liquor, beer, and wine allowed by this Conditional Use Permit are permitted only between the hours of 10:00 a.m. and Midnight. 42. This premise is not licensed by ABC to operate as a bar or a nightclub and must maintain this premise as a restaurant. The quarterly gross sales of alcoholic beverages may not exceed 50% of the gross sales of food during the same period. The facility must at all times maintain records which reflect separately the gross sale of food and the gross sales of alcoholic beverages of the business. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the Moorpark Police Department upon demand. (Applies to Restaurants Only) 43. "Walk-in" alcohol service for non-restaurant patrons is not permitted at any time. Alcoholic beverages may only be sold/served to patrons of the facility during dining events. Food meal service must be available during all business hours that alcoholic beverages are sold. (Applies to Restaurants Only) 44. Areas inside the establishment open to customers must be illuminated sufficiently to allow the identification of persons. 45. The applicant or his/her designee shall be responsible to police the exterior of the business to assure that no liquor, beer, or wine is consumed within the parking lot. The applicant shall not permit any loitering in the parking lot or in areas adjacent to the facility. The rear door must remain closed during business hours. 46. No exterior advertising of any kind or type is allowed promoting or indicating the availability of alcoholic beverages. Interior advertising displays for alcoholic beverages that are clearly visible to the exterior constitute a violation of this condition. 47. The permittee must correct any safety or security problem within thirty (30) days upon written notice of such a problem from the Moorpark Police Department. 48. A License Agreement for encroachment into the right-of-way must be obtained prior to the initiation of any sidewalk dining or the capture fencing must be removed. (Required when the use is on a part of the public right-of-way) 49. Any and all employees directly involved or supervising the sale/service of alcoholic beverages shall provide evidence and the business shall maintain records that employees have: a. Received training from the State of California Department of Alcoholic Beverage Control "Leadership and Education in Alcohol and Drugs" LEAD program in the form of an ABC issued certificate. \\DC1\Department Share\Community Development\DEV PMTS\C U P\2010t2010-06 Enegren Brewing Co\PA No.1 to CUP 2010-06\PC Agenda Report 120620.docx 61 Honorable Planning Commission June 26, 2012 Page 6 b. The Owner/Manager shall confirm with the California Department of Alcoholic Beverage Control within fifteen (15) days of hire any new employee has been scheduled with the local (Santa Barbara ABC office) to attend the LEAD program course. Alternatively, this course attendance requirement may be met through a LEAD certified agency or company approved by the State of California. \\DC1\Department Share\Community Development\DEV PMTS\C U P\2010\2010-06 Enegren Brewing Co\PA No.1 to CUP 2010-06\PC Agenda Report 120620.docx 62 RESOLUTION NO. PC-2010-556 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT NO. 2010-06 A REQUEST TO ALLOW AN APPROXIMATELY 1,400 SQUARE FOOT MICROBREWERY AT 680 FLINN AVENUE NO. 31, ON THE APPLICATION OF CHRISTOPHER R. ENEGREN (ENEGREN BREWING CO.) WHEREAS, at a duly noticed public hearing on September 28, 2010 the Planning Commission considered Conditional Use Permit (CUP) No. 2010-06 on the application of Christopher R. Enegren (Enegren Brewing Co.) for a request to allow an approximately 1,400 square foot microbrewery within an existing tenant space in an industrial building at 680 Flinn Avenue No. 31 for craft beer to be manufactured on-site for sale to local restaurants and consumers, with a retail tasting counter; and WHEREAS, at its meeting of September 28, 2010, 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; and WHEREAS, the Planning Commission concurs with the Community Development Director's determination that this project is Categorically Exempt from the provisions of CEQA pursuant to Section 15301 as a Class 1 exemption for existing facilities. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. CONDITIONAL USE PERMIT FINDINGS: Based upon the information set forth in the staff report(s), accompanying studies, and oral and written public testimony, the Planning Commission makes the following findings in accordance with City of Moorpark, Municipal Code Section 17.44.040: A. The proposed use is consistent with the provisions of the general plan, zoning ordinance, and any other applicable regulations in that breweries are conditionally permitted within the zone, and conditions of approval have been proposed to mitigate potential problems; B. The proposed use as conditioned is compatible with both existing and permitted land uses in the surrounding area in that the use does not conflict with those uses within the surrounding business park; PC ATTACHMENT 3 63 Resolution No. PC-2010-556 Page 2 C. The proposed use as conditioned is compatible with the scale, visual character, and design of surrounding properties in that there will be no changes to the exterior of the building as a result of the application; D. The proposed use would not be obnoxious or harmful, or impair the utility of neighboring property or uses in that conditions of approval have been proposed to regarding parking, noise, and hours of operation; E. The proposed use as conditioned would not be detrimental to the public health, safety, convenience, or welfare in that the operation of this microbrewery is compatible with the surrounding light industrial uses due to conditions that have been imposed limiting hours of operation and alcohol service. SECTION 2. ADDITIONAL FINDINGS FOR ESTABLISHMENTS SELLING ALCOHOLIC BEVERAGES: A. The use will not result in an over-concentration in the area of establishments selling alcoholic beverages. The proposal is unique in that it is primarily a production and wholesale facility. Beer tasting is an ancillary use. There are no similar uses within the existing office/industrial park. B. The use will serve a public convenience in that the sale of beer, from this location allows restaurants and the public a local choice for craft beer. C. The use will not create the need for increased police services in that conditions are required to ensure proper control of the sale of beer for on-site and off-site consumption. D. The requested use at the proposed location will not adversely affect the economic welfare of the community in that locally produced craft beer is not currently produced in Moorpark. E. The exterior appearance of the structure will not be inconsistent with the external appearance of commercial structures already constructed or under construction on surrounding properties, or within the immediate neighborhood so as to cause blight, deterioration or substantially diminish property values within the neighborhood. SECTION 3. PLANNING COMMISSION APPROVAL: the Planning Commission herby approves Conditional Use Permit No. 2010-06 subject to the Conditions of Approval found in Exhibit A attached. 64 Resolution No. PC-2010-556 Page 3 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, Groff, Taillon, Vice Chair Landis, and Chair Hamous NOES: None ABSTAIN: None ABSENT: None PASSED, AND ADOPTED this 28th day of September, 2010. f ruce Hamous, Chair ifr David A. Bobardt Community Development Director Exhibit A—Conditions of Approval 65 Resolution No. PC-2010-556 Page 4 EXHIBIT A STANDARD AND SPECIAL CONDITIONS OF APPROVAL FOR CONDITIONAL USE PERMIT(CUP) No. 2010-06 STANDARD CONDITIONS OF APPROVAL The applicant shall comply with Standard Conditions of Approval for Conditional Use Permits as adopted by City Council Resolution No. 2009-2799 (Exhibit B), except as modified by the following Special Conditions of Approval. In the event of conflict between a Standard and Special Condition of Approval, the Special Condition shall apply. SPECIAL CONDITIONS 1. This conditional use permit is granted or approved with the City's designated approving body retaining and reserving the right and jurisdiction to review and to modify the permit—including the conditions of approval—based on changed circumstances. Changed circumstances include, but are not limited to, major modification of the business; a change in scope, emphasis, size, or nature of the business; the expansion, alteration, reconfiguration, or change of use; or the fact that the use is negatively impacting surrounding uses by virtue of impacts not identified at the time of application for the conditional use permit or impacts that are much greater than anticipated or disclosed at the time of application for the conditional use permit. The reservation of right to review any permit granted or approved under this chapter by the City's designated approving body is in addition to, and not in lieu of, the right of the City, its Planning Commission, City Council and designated approving body to review and revoke or modify any permit granted or approved under this chapter for any violations of the conditions imposed on such permit. 2. Outdoor service and/or sales of alcoholic beverages are not permitted. Signs must be posted at the building exits indicating that customers may not leave the building with open containers of alcoholic beverages. 3. On site sales, service or consumption of alcoholic beverages allowed by this Conditional Use Permit are permitted only between the hours of 10:00 am, and 10:00 p.m. 4. This premise is not licensed by ABC to operate as a bar, restaurant, or a nightclub and must be maintained as a microbrewery, for production and tasting only, with a Type 23 ABC license. 5. No more than four tastings are permitted to be served to any individual within any two hour period. -End- • 66 ZS. =9 MOORPARK CITY OF -01147 1 41 Am o`9V �� COMMUNITY DEVELOPMENT DEPARTMENT I 799 Moorpark Avenue,Moorpark,California 93021 Main City Phone Number(805)517-6200 Fax(805)532-2540 I moorpark@ci.moorpark.ca.us •SATE, 30‘" June_, 2012 Chris Enegren Enegren Brewing Co. LLC 680 Flinn Avenue #31 Moorpark, CA 93021 Subject: PERMIT ADJUSTMENT NO. 1 TO CONDITIONAL USE PERMIT NO. 2010-06, LOCATED AT 680 FLINN AVENUE #31: DELETION OF CONDITION NO. 5 RELATED TO LIMITS ON BEER TASTINGS Dear Mr. Enegren: We have completed our review of your request for a Permit Adjustment to delete Condition No. 5 of Conditional Use Permit No. 2010-06 related to limits on beer tastings. Any change which would not alter any of the findings pursuant to this title, nor any findings contained in the environmental document prepared for the permit and would not have any adverse impact on surrounding properties, may be deemed a Permit Adjustment and acted upon by the Community Development Director or designee without a hearing. Findings Pursuant to Title 17, Chapter 17.44 of the Municipal Code: 1. The revisions referenced above will not alter any of the findings of the original approval of Conditional Use Permit 2010-06: 2. The proposed revisions will not alter any of the findings in the environmental document prepared for Conditional Use Permit 2010-06 and will have no adverse impacts on the environment. 3. The proposed revisions will not have any adverse impact on surrounding properties. 4. The requested Permit Adjustment application meets the submittal criteria set forth in the Municipal Code. Approval of Application The Community Development Director has determined, based upon a review of the proposed project, a review of Conditional Use Permit 2010-06, the requirements of the Zoning Ordinance and the above findings that this request for a Permit Adjustment is hereby APPROVED subject to the following conditions: PC ATTACHMENT 4 JANICE S.PARVIN ROSEANN MIKOS,Ph.D. KEITH F.MILLHOUSE DAVID POLLOCK MARK VAN DAM- Mayor Councilmember Councilmember Councilmember Councilmember Chris Enegren Enegren Brewing Co. LLC June , 2012 Page 2 1. The applicant's acceptance of this permit and/or commencement of construction and/or operations under this permit is deemed to be acceptance of all conditions of this permit. 2. The development shall be in substantial conformance with the plans presented in conjunction with the application for Permit Adjustment No. 1 to Conditional Use Permit No. 2010-06, except any modifications as may be required to meet specific Code standards or other conditions stipulated herein. 3. Condition No. 5 of Conditional Use Permit No. 2010-06 is hereby deleted. 4. All other conditions of approval of Conditional Use Permit No. 2010-06 shall continue to apply, except as revised herein. The approved Permit Adjustment No. 1 to Conditional Use Permit No. 2010-06 becomes effective ten (10) business days from the date of this letter, unless an appeal is filed in writing. The Permit Adjustment No. 1 to Conditional Use Permit 2010-06 approval will expire one (1) year from the effective date, if construction with a valid Building Permit has not commenced within that time. Please contact Joseph Fiss, Principal Planner, at 805.517.6226 if you have any further questions. Respectfully, David A. Bobardt Community Development Director c: Honorable City Council Honorable Planning Commission Steven Kueny, City Manager Building and Safety Division Case File (PA1 to CUP 2010-06) Chron 68 S-\Community Develooment\DEV PMTS\C U P\2010\2010-06 Enegren Brewing Co\PA No.1 to CUP 2010-06\CDD Decision Letter.docx MOORPARK,CAUFORNIA ITEM 10.A. Planning Commission of Co.20. 2.0i 2 ACTION: AP RoVED 5TA F RECoMMQ'DA11otJ. MINU I tS OF THE JOINT MEETING OF THE CI I Y COUNCIL AND PLANNING COMMISSION BY: T OE 14 Moorpark, Calitornia May 9, 2012 A Special Joint Meeting of the Moorpark City Council and Planning Commission was held on May 9, 2012, at 7:00 p.m. at the Moorpark Community Center located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Mayor Parvin called the City Council to order at 7:09 p.m. Chair Landis called the Planning Commission to order at 7:09 p.m. 2. THE PLEDGE OF ALLEGIANCE: Joseph Vacca, Principal Planner, led the Pledge of Allegiance. 3. ROLL CALL: City Council: Councilmembers Mikos, Millhouse, Pollock, Van Dam, and Mayor Parvin. Planning Commissioners: Commissioners DiCecco, Gould, Groff, Hamous, and Chair Landis. Staff Present: Steven Kueny, City Manager; Deborah Traffenstedt, Deputy City Manager David Bobardt, Community Development Director; Joseph Vacca, Principal Planner; and Maureen Benson, City Clerk. 4. PUBLIC COMMENT: None. 5. PRESENTATION/ACTION/DISCUSSION: A. Consider Status Report on Mission Statement, Priorities, Goals and Objectives for Fiscal Year 2011/2012 and Direction for Fiscal Year 2012/2013. Staff Recommendation: Direct staff as deemed appropriate. Mr. Kueny deferred giving the staff report and referred to the Council and Commission for discussion. 69 Minutes of the City Council and Planning Commission Moorpark, California Page 2 May 9, 2012 There were no speakers. A discussion followed among the Councilmembers, Commission, and staff which focused on: 1) The potential for future residential, commercial and industrial development in the City, 2) Challenges for the Planning Commission in relation to the Meridian Hills project changing ownership and new plans for development; 3) Future transit-oriented development of High Street; 4) Expanding Top Ten Priority No. 10. on page 5 of the agenda report to include developers; 5) Changing the wording of Goals and Objectives A.2. on page 6 of the agenda report from "conserve water" to "conserve resources in general"; 6) Planning Commission's offer to work on the General Plan Elements as mentioned on page 14 of the agenda report for Goals and Objectives A.4; 7) Planning Commission assistance in clarifying to the public the purpose of an upcoming measure on the ballot for the November 6, 2012 election, which would allow the City to build and own affordable housing; 8) Potential for future office space rentals/leases; 9) Recent adoption by the Southern California Association of Governments (SCAG) of a Regional Transportation Plan (RTP) which would assist in the development of High Street; 10) Using SCAG as a resource for Top Ten Priority No. 9 on page 5 of the agenda report, as part of the Open Space and Conservation Strategy incorporated in the RTP; 11) Consolidating Goals and Objectives A.2. on page 6 and A.3. on page 7 of the agenda report to place sustainable information on the website while using social media to also get the message out; 12) Using the City's website for renewing business licenses social media for advertising calendar of City events; 13) Update on the widening of Highway 118 from Tierra Rejada Road to State Route 23 and the widening of Princeton Avenue from Condor Drive to Spring Road; 14) Update on the widening of Moorpark Avenue/Walnut Canyon Road from Los Angeles Avenue to the northern City limits; 15) Directing staff to use SCAG contacts/resources for opportunities to develop open space/recreation uses such as connecting a trail system with that of Camarillo, Simi Valley, and on into the San Fernando Valley, promoting walking and biking, which in turn helps with air quality and the health and well-being of the community; and 70 Minutes of the City Council and Planning Commission Moorpark, California Page 3 May 9, 2012 16) Reviewing the Feasibility Analysis on Arroyo Bicycle-Trail Plan in regard to the General Plan Update. 6. ADJOURNMENT: Mayor Parvin adjourned the City Council meeting and Chair Landis adjourned the Planning Commission meeting at 7:49 p.m. Janice S. Parvin, Mayor Kipp Landis, Chair ATTEST: Maureen Benson, City Clerk 71 MOORPARK,CALIFORNIA Planning Commission ITEM 10.B. of 0.Zo.ZOIX ACTION: APPROVE STAN 2C0MN1 ATi°".)' MINUTES OF THE PLANNING COMMISSION BY: 1.CENgF k ,,C ,nia, Mav 22, 2012 A Regular Meeting of the Planning Commission of the City of Moorpark was held on May 22, 2012, in the Council Chambers of said City located at 799 Moorpark Avenue, Moorpark, California. 1. CALL TO ORDER: Chair Landis called the meeting to order at 7:05 p.m. 2. PLEDGE OF ALLEGIANCE: Joseph Fiss, Principal Planner, led the Pledge of Allegiance. 3. ROLL CALL: Present: Commissioner Di Cecco, Commissioner Groff, Commissioner Hamous, Vice Chair Gould, and Chair Landis. Staff Present: David Bobardt, Community Development Director; Joseph Fiss, Principal Planner; Joyce Figueroa, Administrative Assistant; and Kathy Priestley, Administrative Secretary. 4. PROCLAMATIONS, COMMENDATIONS AND SPECIAL PRESENTATIONS: None. 5. PUBLIC COMMENT: None. 6. REORDERING OF, AND ADDITIONS TO, THE AGENDA: CONSENSUS: It was the consensus of the Commission to reorder the agenda and take Item 9.A. as the first item of business, before the Public Hearing items, upon the request of the Community Development Director. 7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS AND REPORTS ON MEETINGS/CONFERENCES ATTENDED BY THE COMMISSION: (Future agenda items are tentative and are subject to rescheduling.) 72 Minutes of the Planning Commission Moorpark, California Page2 May 22, 2012 A. Future Agenda Items CUP 2003-05 National Ready Mixed (Continued from August 26, 2009 to a date uncertain.) ii. Rescinding Toll Mazur DA, GPA, ZC iii. ZOA Emergency Shelters and RLUIPA etc. iv. ZOA Reasonable Accommodation Ordinance v. ZOA Farm Worker Housing Ordinance vi. CUP 2012-03 Moorpark RV and Storage vii. CUP 2012-04 Simi Motorsports LLC viii. Film Ordinance Mr. Bobardt briefly discussed future agenda items. AT THIS POINT in the meeting Item 9.A. was heard. 9. DISCUSSION ITEMS: A. Consider Draft Seven-Year Capital Improvement Program for the Department of Public Works for FY 2011/12 — FY 2017/18 1) Find the draft Seven Year Capital Improvement Program for the Department of Public Works for FY 2011/12 — FY 2017/18 to be in conformity with the Moorpark General Plan, except as noted above; 2) Find the planned acquisition of street right-of-way for certain specified projects described in this report, to be in conformity with the Moorpark General Plan. (Staff: Dave Klotzle) Mr. Klotzle gave the staff report. A discussion followed among Commissioners and staff regarding the difference between an asphalt overlay and slurry seal and whether any of the projects would be affected by funding from the Redevelopment Agency. In response to Chair Landis, Mr. Bobardt stated there were no speakers or written statement cards for this item. 73 Minutes of the Planning Commission Moorpark, California Page 3 May 22, 2012 MOTION: Commissioner Di Cecco moved and Vice Chair Gould seconded a motion to approve staff recommendation. The motion carried by unanimous voice vote. 8. PUBLIC HEARINGS: (next Resolution No. PC-2011-569) A. Consider Conditional Use Permit No. 2012-01, a Request to Allow the Relocation of an Existing Retail Store Selling Premium Wine, Liquor, Cigars, and Related Accessories from 525 Los Angeles Avenue, Suite E, to 559 Los Angeles Avenue within the LA Spring Shopping Center, on the Application of Johny Hanna (The Wine Castle). Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; 2) Adopt Resolution No. PC-2012-569 conditional approval Conditional Use Permit No. 2012-01. (Staff: Joseph Fiss) Mr. Bobardt briefly discussed the findings on page 5 of the staff report and the findings for a Conditional Use Permit are what the Commission should base their decision on. Mr. Fiss gave the staff report. Mr. Bobardt stated that he spoke with Police Chief Nelson and while no issues with respect to policing the area and loitering, they have done a number of decoy operations to check for sales of alcohol beverages to underage persons and there has only been one incident in 2009 where alcohol was sold to a minor. They did not see it as an issue requiring increased police services. Police Chief Nelson discussed the decoys which are done on a random basis with other agencies. Over the course of the last three years they went to the Wine Castle on four occasions; twice in 2009, once in 2010, and once in 2012. On August 7, 2009 a minor did purchase alcohol and the clerk was cited and they received notification from Alcohol Beverage Control (ABC). A discussion followed among Commissioners, Police Chief Nelson and staff regarding: 1) how the findings compare to other liquor stores in the area and if they are consistent with other liquor stores; 2) staff recommendation that this item is not a transfer of the Conditional Use Permit, but whether or not Wine Castle should be allowed to relocate to the new location they're requesting to relocate to; 3) the Conditional Use Permit for the existing center runs with the land and it would remain so and the shopping center owner could lease space to another liquor store and the applicant would have to follow the existing conditions of approval; 4) Wine Castle will be able to sell cold beer at the new location; 5) linear 74 Minutes of the Planning Commission Moorpark, California Page May 22, 2012 footage of refrigerated beer aisles; 5) if application is approved and we receive an application for another liquor store to go into the current location, does the applicant have to apply for an Administrative Permit; and 6) can Wine Castle or any holder of this Conditional Use Permit revoke their own Conditional Use Permit. Chair Landis opened the Public Hearing. Johnny Hanna, JM Wine and Liquor, applicant, discussed the project and stated he was available to answer any questions regarding the project. Randall Barondess, Troop Business Service & Real Estate, spoke in favor of the project and stated that the new location will allow better visibility, will be more successful and the vacancy rate of the center will be full and prosperous. Peter Whittingham, speaking on behalf of the ownership of Baldwin Park Plaza, LLC owners of LA Spring Shopping Center, spoke in opposition of the project. Mr. Whittingham provided copies of letters from 6 business owners of the shopping center, a copy of a letter from an applicant that has signed a lease to open a new market liquor store at Suite D of the shopping center, and a petition containing 35 signatures in opposition of the Conditional Use Permit. A discussion followed among the Commissioners and Mr. Whittingham regarding the similarities of the letters that were submitted. Ed Jefferson, MD, Owner of 559 Los Angeles Avenue spoke in favor of the project and stated that the new location will foster a better business environment for the tenant and will be beneficial to the community. Bill Diel, Moorpark Resident, spoke in favor of the project. Carol Pucik, Moorpark Resident, spoke in favor of the project. In response to Chair Landis, Mr. Bobardt stated there were eleven written comments; three in favor of the project and eight in opposition of this item were received and provided to the Commission. Chair Landis closed the public hearing. A discussion followed among the Commissioners regarding better visibility to the location and access to the back of the building is much more exposed and less opportunity for loitering and they support the Conditional Use Permit based on findings. 75 Minutes of the Planning Commission Moorpark, California Page 5 May 22, 2012 MOTION: Vice Chair Gould moved and Commissioner Di Cecco seconded a motion to approve staff recommendation, including adoption of Resolution No. PC 2012-569. The motion carried by unanimous voice vote. The Planning Commission has final approval authority for this project. B. Consider Resolution Approving Conditional Use Permit No. 2012-02, a Request to Allow a Retail Tobacco and Accessories Store, Located at 252 Los Angeles Avenue Unit I within the Moorpark Grove Shopping Center, on the Application of Anthony Fiumerodo (For Your Pleasure, Inc.). Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; 2) Adopt Resolution No. PC-2012-570, conditionally approving Conditional Use Permit No. 2012-02. (Staff: Joseph Fiss) Mr. Fiss gave the staff report. A discussion followed among Commissioners and staff regarding: 1) if the conditions are consistent with Doughmain and Tobacco Zone stores; 2) clarification about Chapter 8.32; City Ordinance regarding prohibiting smoking in public places and on the premises; 3) will this be the only roll your own tobacco store in Moorpark; 4) the requirement for a retail license and excise tax license on loose-leaf tobacco; and 5) the owner being prohibited from operating the machines which are for the use of the purchaser. Chair Landis opened the public hearing. Anthony Fiumerodo, applicant, For Your Pleasure, discussed the project and stated he was excited about the business and available to answer any questions. A discussion followed among the Commissioners and Mr. Fiumerodo regarding: 1) the layout of the business; 2) can purchaser buy a pack of cigarettes; 3) how long it takes to roll a carton of cigarettes; and 4) if this a cost savings. In response to Chair Landis, Mr. Bobardt stated there was one written comment in opposition of this item due to competition. Chair Landis closed the public hearing. A discussion followed among the Commissioners regarding this item is a legal use and they support the Conditional Use Permit. 76 Minutes of the Planning Commission Moorpark, California Page 6 May 22, 2012 MOTION: Vice Chair Gould moved and Commissioner Hamous seconded a motion to approve staff recommendation with conditions as noted, including adoption of Resolution No. PC 2012-570. The motion carried by unanimous voice vote. • The Planning Commission has final approval authority for this project. C. Consider Resolution Approving Modification No. 1 to Conditional Use Permit 2010-02, a Modification to Allow an Expansion of the Existing Sanctuary and to.Add Two New Classrooms and a Corridor Within the Existing Floor Area of the Building Located at 379/383 Science Drive on the Application of Gordon Duncan for Cornerstone Community Church. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; 2) Adopt Resolution No. PC-2012- 571 approving Modification No. 1 to Conditional Use Permit 2010-02. (Staff: Joseph Fiss) Mr. Fiss gave the staff report. A discussion followed among Commissioners and staff regarding: 1) the parking agreement regarding week-ends and holidays with prior approval by the owner; and 2) pedestrian and vehicular access between the two properties. At this point in the meeting Commissioner Hamous disclosed that he represented the owner of the building when the church went into the current location and it had nothing to do with the expansion of the building. Chair Landis opened the public hearing. Todd Tucker, Executive Pastor, Cornerstone Community Church, discussed the project and stated he was excited to be a part of the community and available to answer any questions. A discussion followed among the Commissioners and Mr. Tucker regarding: 1) pedestrian and vehicle traffic; and 2) how many services and congregants does the church have per service. In response to Chair Landis, Mr. Bobardt stated there were no additional speaker cards or written comments. Chair Landis closed the public hearing. 77 Minutes of the Planning Commission Moorpark, California Page 7 May 22, 2012 MOTION: Commissioner Hamous moved and Commissioner Groff seconded a motion to approve staff recommendation, including adoption of Resolution No. PC 2012-571. The motion carried by unanimous voice vote. The Planning Commission has final approval authority for this project. D. Consider Resolution Recommending to the City Council Approval of Zoning Ordinance Amendment No. 2012-01: an Amendment to Section 17.44.030 (Zoning Clearance) and Subsection C (Planned Development (PD) Permit) of Section 17.44.040 (Discretionary Permits and Exceptions) of Chapter 17.44 (Application Review Procedures) of the Zoning Ordinance Related to Changes in Color on Existing Buildings. Staff Recommendation: 1) Open the public hearing, accept public testimony and close the public hearing; 2) Adopt Resolution No. PC-2012-572 recommending to the City Council approval of Zoning Ordinance Amendment No. 2012-01. (Staff: David Bobardt) Mr. Bobardt gave the staff report. A discussion followed among Commissioners and staff regarding CC Resolution 2009-2799. In response to Chair Landis, Mr. Bobardt stated there were no additional speaker cards or written comments. Chair Landis opened the public hearing. Chair Landis closed the public hearing. A discussion followed among the Commission and staff regarding whether we wanted to note Resolution 2009-2799 at the end of paragraph C; that we are making the ordinance consistent with our resolution. MOTION: Vice Chair Gould moved and Commissioner Di Cecco seconded a motion to approve staff recommendation, including adoption of Resolution No. PC 2012-572. The motion carried by unanimous voice vote. The City Council has final approval authority for this project. 10. CONSENT CALENDAR: MOTION: Commissioner Di Cecco moved and Commissioner Groff seconded a motion to approve the Consent Calendar as amended. The motion carried by unanimous voice vote. 78 Minutes of the Planning Commission Moorpark, California Page 8 May 22, 2012 A. Consider Approval of the Regular Meeting Minutes of March 27 2012. Staff Recommendation: Approve the minutes. 11. ADJOURNMENT: MOTION: Commissioner Groff moved and Commissioner Hamous seconded a motion to adjourn. The motion carried by unanimous voice vote. The time was 8:49 p.m. Kipp Landis, Chair David A. Bobardt, Community Development Director 79