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Home My WebLink AboutAGENDA REPORT 2013 1106 CCSA REG ITEM 11A CITVOF MOORPARK,CALIFORNIA City Council Mooting ITEM 11 .A. `041-W77-04,ON: ' ORDINANCE NO. 424 21"14=1 --fleSttlArc CE 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 effect on the environment. The proposed ordinance would amend the Municipal Code provisions related to the permit review process for health clubs, 381 Ordinance No. 424 Page 2 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 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, 382 Ordinance No. 424 Page 3 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 6th day of November, 2013. Janice S. Parvin, Mayor ATTEST: Maureen Benson, City Clerk Exhibit A: Zoning Ordinance Amendment No. 2013-05 383 Item 11 .A. Ordinance No. 424 Page 4 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 Zones C-O C-1 CPD C- 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/gymnasium/fitness 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 GUP CUP 383a Ordinance No. 424 Page 5 Zones C-O C-1 CPD C- 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 383b Ordinance No. 424 Page 6 CPD C- Zones C-0 C-1 M-1 M-2 I C-2 OT 8. Hospitals including urgent care CUP AP* AP* AP* (*if within one hundred [100] feet of a residentially zoned property, a conditional use permit is required) 9. Places of religious assembly, with GU-1 AP--t AP- AP t 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)1 AP* AP* AP AP* CUP indoor or outdoor, with or without food services, including, but not limited to, batting cages,bicycle and skate-pafles facilities,golf courses(including miniature golf and driving ranges), gymnasiums, fitness, health spas, martial arts,racquetball, yoga and 383c Ordinance No. 424 Page 7 Zones C-O C-1 CPD C- 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) 383d