HomeMy WebLinkAboutAGENDA REPORT 2012 0919 CC REG ITEM 08B ITEM 8.13.
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MOORPARK CITY COUNCIL ,.
AGENDA REPORT
TO: Honorable City Council
FROM: David A. Bobardt, Community Development Director
Prepared By: Joseph R. Vacca, Principal Planned
DATE: July 31, 2012 (CC Meeting of 9/19112)
SUBJECT: Consider an Ordinance Approving 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 was 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.
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Honorable City Council
September 19, 2012
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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.
On June 26, 2012 the Planning Commission considered and recommended to the City
Council approval of the proposed Zoning Ordinance Amendment No. 2010-01. The
attached Planning Commission staff report contains a more detailed description of the
proposed amendments. Upon consideration and review of the proposed Zoning Ordinance
Amendment, the Planning Commission directed staff to eliminate any requirements that a
proposed Single Room Occupancy Unit project be required to provide a minimum or
maximum of 15 single room occupancy units; and to remove the requirement that a
minimum of 250 square feet be provided for a two-person occupancy unit. These changes
were recommended by the Planning Commission to allow more flexibility in designing a
single room occupancy development which is already required to comply with underlying
zoning development standards, such as floor area ratio limitations, setback criteria, parking
requirements, etc. These recommended changes are reflected in legislative format in
Exhibit D of the proposed ordinance.
For clarification, Exhibit B of the proposed Ordinance: Section B. Residential Uses, 2.d.
was updated to state that - Transitional and supportive housing when conducted in an
existing housing unit (*subject to same zoning requirements and procedures as other
residential uses of the same type in the same zoning district), is allowed in all residential
zoning districts with no zoning clearance required.
The City Attorney's office has reviewed the draft Ordinance for Zoning Ordinance
Amendment No. 2010-01, (Attachment 2) and has determined that it does not conflict with
Federal or State Law.
PROCESSING TIME LIMITS
Since this ordinance amendment was 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.
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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 cannot 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.
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 2010-01,
for first reading, waive full reading, and schedule second reading and adoption for
October 3, 2012.
ATTACHMENTS:
1. June 26, 2012 Planning Commission Agenda Report (Without Attachments)
2. Ordinance No. , 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
3. Religious Land Use and Institutionalized Personas Act (RLUIPA)
4. Zoning Map (11" x 17" copy) — Under Separate Cover
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MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: David A. Bobardt, Community Development Director
Prepared by Joseph R. Vacca, Principal Planner
DATE: April 11, 2012, (Meeting of 06126112)
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.
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June 26, 2012
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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 17.28.060.13 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.
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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 houses' 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.
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Therefore the proposed definition of 66Place 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-0 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 cafes would be prohibited in the C-0 zone. Also,
Section 17.20.060.E.1.b. Public and Semi-Public Uses, Amusement and recreational
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facilities as defined in Chapter 17.08; b. Health club/gymnasium/fitness center/spa would
be prohibited in the C-0 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-0 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-0 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-0 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
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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-0 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.
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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('h)-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:
• A client intake and waiting area shall be provided and shall be adequately
sized to accommodate waiting clients. The intake area must be indoors.
• 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.
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• 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
SIB 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
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housing facilities, (currently allowed as conditionally permitted)in the following commercial
zones: C-O, C-1, CPD and C-2 zones. Transitional and supportive housing will only be
permitted by right residential zones, and prohibited in commercial zones.
s• 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.
• Maximum of fifteen (15) SRO units per development.
• 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
6tCormnunAy 0evelopmen6DEV PMTSZ 0 AM=Emergency Soar Transdion Ksng SROs RLUIPA Del Famil,6laH ReponsPC Agenda Repen 120626.doc 13
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.Commundy DevelopmenBDEV PMTSZ 0 A12010101 Emergency Shllr Transition Hsng SROs RW IPA Det Famit,Slafl ReporISPC Agenda Report 120626.doc 14
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 17.28.060.13 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:\Communhy DevelopmenMEV PMTSZ 0 A12010101 Emergency Shttr Transition Hsng SROs RLUIPA Def Pamit,StaH RepodslPC Agenda Report 120626.doc 15
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, APPROVING ZONING ORDINANCE
AMENDMENT NO. 2010-01, AMENDING CHAPTER 17.08
(DEFINITIONS), 17.20 (USES BY ZONE) TO ADDRESS THE
RELIGIOUS LAND USE AND INSTITUTIONALIZED
PERSONS ACT, AND ADDING SECTION 17.28.060
STANDARDS RELATING TO EMERGENCY SHELTERS, AND
SINGLE ROOM OCCUPANCY UNITS TO 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 Chapter 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 Chapter 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 considered the agenda report and any supplements
thereto and written public comments; opened the public hearing and took and
considered public testimony both for and against the proposal; closed the hearing and
recommended approval of Zoning Ordinance Amendment No. 2010-01 to the City
Council; and
WHEREAS, at a duly noticed public hearing on September 19, 2012, the City
Council 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 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
CC ATTACHMENT 2 16
Ordinance No.
Page 2
WHEREAS, the City Council concurs with the Community Development
Director's determination that this project is exempt from the provisions of the California
Environmental Quality Act by the general rule that CEQA only applies to projects that
may have a significant effect on the environment.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. GENERAL PLAN AND SPECIFIC PLAN CONSISTENTY: The
City Council finds Zoning Ordinance Amendment No. 2010-01 to be consistent with the
City of Moorpark General Plan and all adopted Specific Plans.
SECTION 2. Zoning Ordinance Amendment No. 2010-01 amends Chapter
17.08, Definitions; 17.20 Uses by Zone and, adds Chapter 17.28.060 (Development
Standards Relating to Emergency Shelters and Single Occupancy (SRO) Units); as
shown as Exhibits A, B, C, and D attached.
SECTION 3. If any section, subsection, sentence, clause, phrase, part or
portion of this Ordinance is for any reason held to be invalid or unconstitutional by any
court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions of this Ordinance. The City Council declares that it would have adopted this
Ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof,
irrespective of the fact that any one or more section, subsections, sentences, clauses,
phrases, parts or portions be declared invalid or unconstitutional.
SECTION 4. This Ordinance shall become effective thirty (30) days after its
passage and adoption.
SECTION 5. 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.
SACommunity Development\DEV PMTS\Z O A\2010\01 Emergency Shltr Transition Hsng SROs RLUIPA Def
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Ordinance No.
Page 3
PASSED AND ADOPTED this day of , 2012.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
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 (with
recommended Planning Commission changes in legislative format)
SACommunity Development\DEV PMTS\Z O A\2010\01 Emergency Shltr Transition Hsng SROs RLUIPA Def
Family\Resos_Ordinances\CC_Ordinance_aprvg_ZOA10_01_120919.doc 18
Ordinance No.
Page 4
EXHIBIT A
AMENDMENTS TO SECTION 17.08.010 APPLICATION OF DEFINITIONS
OF CHAPTER 17.08 DEFINITIONS OF TITLE 17 ZONING
OF THE MOORPARK MUNICIPAL CODE
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 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.
meals."BeaFd ing house" means a dwelling URit with one (1) family in peffnanent FesidenGe, where all
WOFSh+p
"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 cookinq
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 maximizing 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.
19
Ordinance No.
Page 5
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 O-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 CUP CUP CUP
large animals
3. Apiculture in ZC ZC AP
accordance with Chapter
17.28
4. Crop production where ZC ZC ZC ZC ZC ZC ZC ZC
no 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
20
Ordinance No.
Page 6
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, AP AP AP AP AP AP AP AP
tree 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 CUP CUP CUP CUP CUP CUP CUP
bed and breakfast inns
2. Family day care
homes,a4id 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, NZC NZC NZC NZC NZC NZC NZC NZC NZC
including 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
21
Ordinance No.
Page 7
Zones O-S A-E R-A R-E R-O R-1 R-2 RPD TPD
d. Transitional and NZC* NZC* NZC* NZC* NZC* NZC* NZC* NZC*
supportive housing when
conducted in an existing
housing unit (*subject to
same zoning requirements
and procedures as other
residential uses of the
same type in the same
zoning district)
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-O, R-E, and
R-1 zones a planned
development permit is
required)
b. Less than five (5) AP AP AP
affordable or senior
housing units 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) AP AP
dwelling 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) AP
dwelling units
b. Less than five (5) AP
affordable or senior
housing units when in
compliance with Chapter
17.64
22
Ordinance No.
Page 8
Zones O-S A-E R-A R-E R-O R-1 R-2 RPD TPD
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
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 GU-P CUP CUP CUP CUP CUP CUP
weFs*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 CUP
universities
4. Energy production from CUP CUP CUP
renewable resources
5. Governmental uses CUP CUP CUP CUP CUP CUP CUP CUP GUR
including, but not limited to
city offices, community
rooms, fire stations, human
service centers, libraries,
police stations, public utility
facilities
23
Ordinance No.
Page 9
Zones O-S A-E R-A R-E R-O R-1 R-2 RPD TPD
6. Utility structures AP AP AP AP AP AP AP AP AP
(electrical 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
b. Minor wireless AP AP AP AP AP AP AP AP AP
communications facilities
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
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
d. Pet animals are allowed NZC NZC NZC NZC NZC NZC NZC NZC NZC
in all zones subject to the
requirements of Chapter
17.28
e. Wild animals subject to AP AP AP
the requirements of
Chapter 6.24
2. Accessory structures
a. Balcony, deck, patio ZC ZC ZC ZC ZC ZC ZC ZC
covers, room additions, or
storage sheds
24
Ordinance No.
Page 10
Zones O-S A-E R-A R-E R-O R-1 R-2 RPD TPD
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
c. Fences and walls ZC ZC ZC ZC ZC ZC ZC ZC ZC
greater 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
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
25
Ordinance No.
Page 11
Zones O-S A-E R-A R-E R-O R-1 R-2 RPD TPD
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
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 C4R 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 a
ZC)
12. Storage of building ZC ZC ZC ZC ZC ZC ZC ZC ZC
materials in accordance
with the requirements of
Chapter 17.28
13. Storage, open NZC NZC NZC NZC NZC NZC NZC NZC NZC
consistent with Chapter
17.28
14. Soil testing for wells, NZC NZC NZC NZC NZC NZC NZC NZC NZC
foundations, septic
systems and similar
construction
26
Ordinance No.
Page 12
Zones O-S A-E R-A R-E R-O R-1 R-2 RPD TPD
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.
27
Ordinance No.
Page 13
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
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)
28
Ordinance No.
Page 14
Zones C-O C-1 CPD C-OT M-1 M-2 I
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
29
Ordinance No.
Page 15
Zones C-O C-1 CPD C-OT M-1 M-2 I
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 GLW
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)
30
Ordinance No.
Page 16
Zones C-O C-1 C 2D C-OT M-1 M-2 I
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)
31
Ordinance No.
Page 17
Zones C-O C-1 CPD 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 Ate* 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)
32
Ordinance No.
Page 18
Zones C-O C-1 CPD C-OT M-1 M-2 I
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
C. Office and Professional Uses
1. Banks and other financial ZC ZC ZC ZC AP AP
institutions
2. Laboratories: research and AP AP AP
scientific
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
33
Ordinance No.
Page 19
Zones C-O C-1 CPD C-OT M-1 M-2 I
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)
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 GU-P CUP CUP CUP
c ber cafes
b. Health club/gymnasium/fitness AP-2� AP* AP* AP* AP*
center/spa (*if within one hundred
(100) feet of a residentially zoned
property a conditional use permit is
required)
34
Ordinance No.
Page 20
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
greens 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;
housing nlanement facilities and
e
transitional shelter rare facilities as
defined in Division 2 of the Health and
Safety Cede
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 assembl)d
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
46. Energy production from renewable CUP CUP
resources
35
Ordinance No.
Page 21
Zones C-O C-1 CPO C-OT M-1 M-2 I
57. 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 A1?* AP* AP* AP*
within one hundred (100) feet of a CUP
residentially zoned property a
conditional use permit is required)
7-9. Places of religious CUP CUP AP* AP* CkJ-R CUP CUP
we Fs h+passembty, 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)
810. Private education facilities CUP
including, but not limited to, colleges
and universities, elementary, middle
and high schools
011. Private training facilities AFL* 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)
4-012. 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)
36
Ordinance No.
Page 22
Zones C-O C-1 CPD 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)
-1-214. 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
37
Ordinance No.
Page 23
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 (Y2) 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. An individual must vacate shelter between nine (9:00) a.m. and five (5:00) p.m.
daily.
b. An individual 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.
38
Ordinance No.
Page 24
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 eGGUpanG
and fide hundFed fifty (250) square foot fnr fide (2) norcnn nnrU panne
b. Maximum unit size of four hundred (400) square feet.
G_. Maximum of fi#een (15) SRQ units nor devohnment
G-C. 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.
39
r4 4j A
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.I 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."3
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 CoivG.REC.57774(daily ed.July 27,2000)(joint statement of Senators Hatch and Kennedy).
'la. at S7774-75.
CC ATTACHMENT 3 40
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
41
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
42
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
43
codes, ordinances requiring use of municipal sewer connections, laws regarding property
taxes, most landlord-tenant laws, laws governing 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 significantly 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 religious 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.
44
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 involved." 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 reject 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
"ministerial"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 projects,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 restrictive 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.
Examples 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.
45
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
46
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.
47
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 R-LUIPA?
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.
48
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
49
PROJECT EXHIBIT
A. ZONING MAP (1 l" X 17")
(UNDER SEPARATE COVER)
COPIES OF THE EXHIBIT ARE AVAILABLE
UPON REQUEST OF THE PROJECT PLANNER
CC ATTACHMENT 4 50
ITEM 8.13.
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�P 250 (A-13 Properties) 12/16/1998 12/16/2018
K-- 250(Southern California Edison) 2/10/1999 2/10/2019
R- 257(Pacific Communities 1/15/1999 1/15/2019*
RE 263 (Fountainwood/Ago jra) 11/5/1999 11/5/2019**
RPD-7U IRR '�77(Westpointe) 3/8/2002 2/8/2022**
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PC R-1-6 RE-1AC RPD-1.63U RPD-3.65U W RPD-7U M RPD-12U CO DA(Development Agreement City of Moorpark
Os R-1-7 RE-5AC RPD-1.8U RPD-4U RPD-7-14U RPD-12.21U C-1 SP E. lApplicable)
OS-10AC R-1-8 RE-20 RPD-1.84U RPD-4.5U RPD-7.5U RPD-15U C-2 SP 92-1 = Parcel Boundary September 17, 2008
OS-20AC R-1-9 RO no City of Moorpark A larger and/or more detailed version of the City's
RPD-2.2U RPD-4.61-1 RPD-8.4U RPD-16.2U CPD ZC ORD No.335 General Plan and Zoning Maps is available for download
at http://www.ci.moorpark.ca.us or for purchase at Moorpark
OS-40AC R-1-1 3AV R-2 RPD-2.45U RPD-5U RPD-8.91-1 RPD-16.83U C-OT ZC ORD No.345 City Hall,799 Moorpark Avenue,Moorpark,CA 93021
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OS-500AC RA-10AC RPD-1.48U RPD-2.5U RPD-6U RPD-9.1 U RPD-1 9.OU M-1 TPD Source:City of Moorpark,September 2008
County of Ventura,GIS data,July 2008
M:\Mdata\10105813\GIS\Zoning_L8Xllmxd.mxd 11/20/2008 RBF