HomeMy WebLinkAboutAGENDA REPORT 2013 1016 CCSA REG ITEM 08C ITEM 8.C.
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MOORPARK CITY COUNCIL ‘-rrn..__.. .
AGENDA REPORT
TO: Honorable City Council
4.2
FROM: David A. Bobardt, Community Development r r ' tore
Prepared By: Joseph Fiss, Principal Planner
DATE: September 27, 2013 (CC Meeting of 10/16/2013)
SUBJECT: Consider Ordinance Approving Zoning Ordinance Amendment No.
2013-05, to Amend Section E (Public and Semi-Public Uses) of Table
17.20.060 of Section 17.20.060 (Permitted Uses in Commercial and
Industrial Zones), of Chapter 17.20 (Uses by Zone), of Title 17
(Zoning), of the Moorpark Municipal Code Related to Health Clubs,
Gymnasiums, Fitness Centers, and Fitness Studios, and Making a
Determination of Exemption under CEQA in Connection Therewith
BACKGROUND/DISCUSSION
On September 4, 2013, the City Council directed the Planning Commission to provide a
recommendation to on a Zoning Ordinance Amendment to simplify the processing
requirements for small fitness type uses. As discussed in the attached Planning
Commission agenda report, health clubs, gymnasiums, fitness centers, spas, martial
arts studios, yoga and Pilates studios, and dance studios are currently permitted in the
C-1, C-2, CPD, C-OT, and M-1 zones, subject to an Administrative Permit, except when
within 100 feet of a residentially zoned property, when a Conditional Use Permit (CUP)
is required. Under the current regulations, smaller fitness facilities (less than 3,000
square feet) have been required to go through the same CUP process as larger facilities
when near residential areas, even though they do not pose the same potential
neighborhood impact. Staff has not seen impacts from the smaller uses that would
warrant a CUP review process, which requires a public hearing before the Planning
Commission and a $5,000 deposit to cover costs of this process.
The Planning Commission considered a draft ordinance on September 24, 2013, and
concurred with staff's recommendation for an amendment to the list of permitted uses in
Table 17.20.060 to allow for a tiered entitlement process, based on square footage of
the fitness use. Under the recommendation, fitness uses up to 3,000 square feet would
27
Honorable City Council
October 16, 2013
Page 2
be allowed subject to an Administrative Permit (staff level) review process regardless of
the proximity to residential zones, and fitness uses over 3,000 square feet should follow
the current review process. Amendments to the permit requirements for places of
religious assembly are also proposed with a similar 3,000 square-foot threshold as
fitness uses to ensure compliance with the Religious Land Use and Institutionalized
Persons Act (RLUIPA), so that religious assembly uses are not treated less favorably.
The City Attorney has reviewed and approved the form of this ordinance.
ENVIRONMENTAL DETERMINATION
Proposed Zoning Ordinance Amendment No. 2013-05 is exempt from the provisions of
the California Environmental Quality Act pursuant to Section 15061(b)(3) of the
California Code of Regulations (CEQA Guidelines) by the general rule that CEQA only
applies to "projects" that may have a significant effect on the environment. The
proposed ordinance would amend the Municipal Code provisions related to the permit
review process for health clubs, gymnasiums, fitness centers and fitness studios, would
add specificity examples of uses under the category of fitness studios to improve clarity,
such as martial arts, yoga, dance, and other similar uses, and would amend the permit
process for places of religious assembly to be similar to fitness uses in zones where
fitness uses are allowed. It does not change the zones in which these uses are
permitted, the development standards for these uses, or the permit review process for
new construction involving these uses. In this case, it can be seen with certainty that
there is no possibility that the proposed Ordinance may have a significant impact on the
environment.
FISCAL IMPACT
None.
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony, and close the public hearing.
2. Introduce Ordinance No. , approving Zoning Ordinance Amendment No.
2013-05, for first reading, waive full reading, and place this ordinance on the
agenda for November 6, 2013 for purposes of providing second reading and
adoption of the ordinance.
ATTACHMENTS:
1. September 24, 2013 Planning Commission Agenda Report (Without
Attachments)
2. Ordinance No. , approving Zoning Ordinance Amendment No. 2013-05
28
ITEM: 8.B.
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: David A. Bobardt, Community Development Director
Prepared by Joseph Fiss, Principal Planner'
DATE: September 17, 2013 (PC Meeting of 9/24/201
SUBJECT: Consider Resolution Recommending to the City Council Approval of
Zoning Ordinance Amendment No. 2013-05, to Amend Section E
(Public and Semi-Public Uses) of Table 17.20.060 of Section
17.20.060 (Permitted Uses in Commercial and Industrial Zones), of
Chapter 17.20 (Uses by Zone), of Title 17 (Zoning), of the Moorpark
Municipal Code Related to Health Clubs, Gymnasiums, Fitness
Centers, and Fitness Studios, and Recommending that the City
Council Make a Determination of Exemption under CEQA in
Connection Therewith
BACKGROUND
On September 4, 2013, the City Council directed the Planning Commission to study,
hold a public hearing, and provide a recommendation to the City Council on a Zoning
Ordinance Amendment, to Amend Section E (Public and Semi-Public Uses) of Table
17.20.060 of Section 17.20.060 (Permitted Uses in Commercial and Industrial Zones),
of Chapter 17.20 (Uses by Zone), of Title 17 (Zoning), of the Moorpark Municipal Code
related to fitness type uses. The intent was to determine if a process less burdensome
on the applicant than a Conditional Use Permit could be used for small fitness uses
when they are within 100 feet of residential zones.
DISCUSSION
On September 15, 2004, the City Council adopted Ordinance 304, which was a
comprehensive amendment of Chapter 17.20 (Uses by Zone) of the Moorpark Municipal
Code. Table 17.20.060 describes the various land uses and entitlements required for
those land uses.
Health clubs, gymnasiums, fitness centers, spas, martial arts studios, yoga and Pilates
studios, and dance studios are currently permitted in the C-1, C-2, CPD, C-OT, and M-1
zones, subject to an Administrative Permit, except when within 100 feet of a
residentially zoned property, when a Conditional Use Permit (CUP) is required. Under
the current regulations, smaller fitness facilities (less than 3,000 square feet) have been
required to go through the same CUP process as larger facilities when near residential
CC ATTACHMENT 1
29
Honorable Planning Commission
September 24, 2013
Page 2
areas, even though they do not pose the same potential neighborhood impact. Staff
has not seen impacts from the smaller uses that would warrant a CUP review process,
which requires a public hearing before the Planning Commission and a $5,000 deposit
to cover costs of this process.
Staff recommends an amendment to the list of permitted uses in Table 17.20.060 to
allow for a tiered entitlement process, based on square footage of the fitness use. At
this time, staff believes that applications for fitness uses up to 3,000 square feet should
be allowed subject to an Administrative Permit (staff level) review process regardless of
the proximity to residential zones, and that fitness uses over 3,000 square feet should
follow the current review process.
Amendments to the permit requirements for places of religious assembly are also
proposed with a similar 3,000 square-foot threshold as fitness uses to ensure
compliance with the Religious Land Use and Institutionalized Persons Act (RLUIPA), so
that religious assembly uses are not treated less favorably. The proposed ordinance
also includes other minor clean-up amendments to this section of the use matrix as
shown in Attachment 1.
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.
The Director has reviewed this project and determined that proposed Zoning Ordinance
Amendment No. 2013-05 is exempt from the provisions of the California Environmental
Quality Act pursuant to Section 15061(b)(3) of the California Code of Regulations
(CEQA Guidelines) by the general rule that CEQA only applies to "projects" that may
have a significant effect on the environment. The proposed ordinance would amend the
Municipal Code provisions related to the permit review process for health clubs,
gymnasiums, fitness centers and fitness studios, would add specificity examples of uses
under the category of fitness studios to improve clarity, such as martial arts, yoga,
dance, and other similar uses, and would amend the permit process for places of
religious assembly to be similar to fitness uses in zones where fitness uses are allowed.
It does not change the zones in which these uses are permitted, the development
standards for these uses, or the permit review process for new construction involving
these uses. In this case, it can be seen with certainty that there is no possibility that the
proposed Ordinance may have a significant impact on the environment.
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Honorable Planning Commission
September 24, 2013
Page 3
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony, and close the public hearing.
2. Adopt Resolution No. PC-2013- recommending to the City Council approval
of Zoning Ordinance Amendment No. 2013-05.
ATTACHMENT:
1. Draft Resolution
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31
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA,
APPROVING ZONING ORDINANCE AMENDMENT NO. 2013-05
TO AMEND SECTION E (PUBLIC AND SEMI-PUBLIC USES) OF
TABLE 17.20.060 OF SECTION 17.20.060 (PERMITTED USES IN
COMMERCIAL AND INDUSTRIAL ZONES), OF CHAPTER 17.20
(USES BY ZONE), OF TITLE 17 (ZONING), OF THE MOORPARK
MUNICIPAL CODE RELATED TO HEALTH CLUBS,
GYMNASIUMS, FITNESS CENTERS, AND FITNESS STUDIOS,
AND TO MAKE A DETERMINATION OF EXEMPTION UNDER
CEQA IN CONNECTION THEREWITH
WHEREAS, on September 4, 2013, the City Council adopted Resolution
No. 2013-3223 to initiate proceedings to consider a Zoning Ordinance
Amendment that would amend the permit process for fitness uses; and
WHEREAS, at its meeting of September 24, 2013, the Planning
Commission conducted a duly-noticed public hearing on Zoning Ordinance
Amendment No. 2013-05 to amend Section E (Public and Semi-Public Uses) of
Table 17.20.060 of Section 17.20.060 (Permitted Uses in Commercial and
Industrial Zones), of Chapter 17.20 (Uses by Zone), of Title 17 (Zoning), of the
Moorpark Municipal Code related to health clubs, gymnasiums, fitness centers,
and fitness studios, and to make a determination of exemption under CEQA in
connection therewith, received public testimony on the proposed amendment,
and after receiving oral and written public testimony, closed the public hearing
and adopted Resolution No. PC-2013-590 recommending approval of Zoning
Ordinance Amendment No. 2013-05 to the City Council; and
WHEREAS, at its meeting of October 16, 2013, the City Council
conducted a duly-noticed public hearing on Zoning Ordinance Amendment No.
2013-05 to amend Section E (Public and Semi-Public Uses) of Table 17.20.060
of Section 17.20.060 (Permitted Uses in Commercial and Industrial Zones), of
Chapter 17.20 (Uses by Zone), of Title 17 (Zoning), of the Moorpark Municipal
Code related to health clubs, gymnasiums, fitness centers, and fitness studios,
and to make a determination of exemption under CEQA in connection therewith,
received public testimony on the proposed amendments, and after receiving oral
and written public testimony, closed the public hearing and reached a decision;
and
WHEREAS, the Community Development Director determined that
proposed Zoning Ordinance Amendment No. 2013-05 is exempt from the
provisions of the California Environmental Quality Act pursuant to Section
15061(b)(3) of the California Code of Regulations (CEQA Guidelines) by the
general rule that CEQA only applies to "projects" that may have a significant
CC ATTACHMENT 2
32
Ordinance No.
Page 2
effect on the environment. The proposed ordinance would amend the Municipal
Code provisions related to the permit review process for health clubs,
gymnasiums, fitness centers and fitness studios, would add specificity examples
of uses under the category of fitness studios to improve clarity, such as martial
arts, yoga, dance, and other similar uses, and would amend the permit process
for places of religious assembly to be similar to fitness uses in zones where
fitness uses are allowed. It does not change the zones in which these uses are
permitted, the development standards for these uses, or the permit review
process for new construction involving these uses. In this case, it can be seen
with certainty that there is no possibility that the proposed Ordinance may have a
significant impact on the environment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
MOORPARK DOES ORDAIN AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DETERMINATION: The City Council
has reviewed the Community Development Director's determination that
proposed Zoning Ordinance Amendment No. 2013-05 is exempt from the
provisions of the California Environmental Quality Act pursuant to Section
15061(b)(3) of the California Code of Regulations (CEQA Guidelines) by the
general rule that CEQA only applies to "projects" that may have a significant
effect on the environment. The proposed ordinance would amend the Municipal
Code provisions related to the permit review process for health clubs,
gymnasiums, fitness centers and fitness studios, would add specificity examples
of uses under the category of fitness studios to improve clarity, such as martial
arts, yoga, dance, and other similar uses, and would amend the permit process
for places of religious assembly to be similar to fitness uses in zones where
fitness uses are allowed. It does not change the zones in which these uses are
permitted, the development standards for these uses, or the permit review
process for new construction involving these uses. In this case, it can be seen
with certainty that there is no possibility that the proposed Ordinance may have a
significant impact on the environment. The City Council, based on its own
independent judgment, concurs with staff's determination of exemption.
SECTION 2. GENERAL PLAN AND SPECIFIC PLAN CONSISTENCY:
The City Council finds Zoning Ordinance Amendment No. 2013-05 to be
consistent with the City of Moorpark General Plan and all adopted Specific Plans.
SECTION 3. Section E (Public and Semi Public Uses) of Table
17.20.060 of Section 17.20.060 (Permitted Uses in Commercial and Industrial
Zones), of Chapter 17.20 (Uses by Zone), of Title 17 (Zoning), of the Moorpark
Municipal Code, is hereby amended as shown in Exhibit A: Zoning Ordinance
Amendment No. 2013-05.
SECTION 4. If any section, subsection, sentence, clause, phrase, part or
portion of this ordinance is for any reason held to be invalid or unconstitutional by
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Ordinance No.
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any court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council declares that it would have
adopted this ordinance and each section, subsection, sentence, clause, phrase,
part or portion thereof, irrespective of the fact that any one or more section,
subsections, sentences, clauses, phrases, parts or portions be declared invalid or
unconstitutional.
SECTION 5. This Ordinance shall become effective thirty (30) days after
its passage and adoption.
SECTION 6. The City Clerk shall certify to the passage and adoption of this
ordinance; shall enter the same in the book of original ordinances of said City; shall
make a minute of the passage and adoption thereof in the records of the
proceedings of the City Council at which the same is passed and adopted; and
shall publish notice of adoption in the manner required by law.
PASSED AND ADOPTED this day of , 2013.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Exhibit A: Zoning Ordinance Amendment No. 2013-05
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EXHIBIT A
ZONING ORDINANCE AMENDMENT NO. 2013-05
Amendment to Section E (Public and Semi-Public Uses) in Table 17.20.060
(Permitted Uses in Commercial and Industrial Zones) of Chapter 17.20
(Uses by Zone) of the Zoning Ordinance
Table 17.20.060
PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES
[Blank]=Not permitted
AP=Administrative Permit
CUP=Conditional Use Permit
NZC=No Zoning Clearance required
TUP=Temporary Use Permit
ZC=Permitted by Zoning Clearance
CPD C-
Zones C-O C-1 M-1 M-2 I
C-2 OT
E. Public and Semi-Public Uses
1. Amusement and recreational
facilities as defined in Chapter
17.08
a. Arcades (video and computer) CUP CUP CUP
and cyber cafés
b. Health clubs . •. -- AP* AP* AP* AP*
center/spa, gymnasiums, fitness
centers, and fitness studios for uses
such as martial arts, yoga, dance,
and other similar uses or
combination of uses.
i. up to 3,000 square feet AP AP AP AP
ii. over 3,000 square feet AP* AP* AP* AP*
(*if within one hundred [100] feet
of a residentially zoned property, a
conditional use permit is required)
c. Auditoriums, community centers, CUP CUP CUP CUP CUP
dancehalls, and indoor motion
picture theaters
d. Billiard and pool establishments, CUP CUP
and bowling alleys, with or without
alcohol
c. Golf driving ranges, golf putting CUP CUP
greens and miniature golf, parks and
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CPD C-
Zones C-O C-1 M-1 M-2 I
C-2 OT
playgrounds
2. Care facilities, including adult CUP CUP CUP
day care facilities, Alzheimer's day
care facilities, congregate living
health facilities, child day care
centers, community treatment
facilities, foster family and adoption
agencies, hospices, long-term health
care facilities, residential care
facilities for the elderly, residential
care facilities for persons with
chronic life-threatening illness,
skilled nursing and intermediate
care facilities, social rehabilitation
facilities, and therapeutic day
services facilities
3. Emergency shelters in ZC*
compliance with the requirements of
Chapter 17.28 (*allowed in C-2
zone only, not permitted in CPD
zone; emergency shelters are also
allowed in conjunction with
permitted places of religious
assembly)
4. Single room occupancy unit ZC*
development in compliance with the
requirements of Chapter 17.28
(*allowed in C-2 zone only, not
permitted in CPD zone)
5. Clubhouses, social clubs, service CUP CUP
clubs with or without alcohol
6. Energy production from CUP CUP
renewable resources
7. Governmental uses including, but CUP CUP CUP CUP CUP CUP CUP
not limited to, city offices,
community rooms, fire stations,
human service centers, libraries,
police stations, public utility
facilities
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CPD C-
Zones C-O C-1 M-1 M-2 1
C-2 OT
8. Hospitals including urgent care CUP AP* AP* AP*
(*if within one hundred [100] feet
of a residentially zoned property, a
conditional use permit is required)
9. Places of religious assembly, with CUP AP* AP* AP* AP CUP CUP
or without schools and/or social
services, including emergency
shelters
i. up to 3,000 square feet CUP AP AP AP AP CUP CUP
ii. over 3,000 square feet CUP AP* AP* AP* AP* CUP CUP
(*if within one hundred [100] feet
of a residentially zoned property, a
conditional use permit is required)
10. Private education facilities CUP
including, but not limited to,
colleges and universities,
elementary, middle and high
schools
11. Private training facilities CUP CUP AP* AP* AP*
including, but not limited to,
professional and vocational schools,
art and craft schools, music schools
not part of a music store, and driver
training schools (*if within one
hundred [100] feet of a residentially
zoned property, a conditional use
permit is required)
12. Recreational facilities(private) AP* AP* AP* AP* CUP
indoor or outdoor,with or without food
services, including, but not limited to,
batting cages, bicycle and skate-parks
facilities, golf courses(including
miniature golf and driving ranges),
gymnasiums, fitness, health spas,
martial arts, racquetball,yoga and
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CPD C-
Zones C-O C-1 M-1 M-2 I
C-2 OT
sports fields. Bicycles and skate parks
shall be in compliance with Chapter
17.28 (*if within one hundred [100]
feet of a residentially zoned property, a
conditional use permit is required)
13. Utility structures (electrical AP AP AP AP AP AP AP
boxes, transformers and valve
apparatus that have no covered floor
area and are attached to the ground
by poles, columns or pedestals shall
not require a zone clearance)
14. Wireless communications
facilities, in accordance with the
requirements of Chapter 17.42
a. Major wireless communications CUP CUP CUP CUP CUP CUP CUP
facilities
b. Minor wireless communications AP AP AP AP AP AP AP
facilities
c. Collocation wireless ZC ZC ZC ZC ZC ZC ZC
communications facilities
(consistent with definition of
"collocation facility" in Section
17.42.020)
(Ord. 415 § 2, 2012; Ord. 398 § 4, 2011; Ord. 396 § 2, 2011; Ord. 361 § 1 Exh. A, 2007;
Ord. 360 § 2 Exh. A, 2007: Ord. 304 § 2, Exh. A, 2004: Ord. 297 Exh. A, 2003)
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