HomeMy WebLinkAboutAGENDA REPORT 2016 1116 CCSA REG JNT DC ITEM 09B ITEM 9.B.
CITY OF MOORPATI ,CALIFORNIA
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MOORPARK CITY COUNCIL _
AGENDA REPORT
TO: Honorable City Council
FROM: Joseph Fiss, Economic Development and Planning Manager
DATE: November 9, 2016 (CC Meeting of 11/16/2016)
SUBJECT: Consider a Resolution Directing the Planning Commission to Study,
Hold a Public Hearing, and Provide a Recommendation to the City
Council on an Amendment to Chapter 17.20 (Uses by Zone) of Title
17 (Zoning) of the Moorpark Municipal Code to Address Massage
Establishments, Electronic Cigarette (Vaping) Establishments,
Hookah Lounges, Retail Tobacco and Electronic Cigarette (Vaping)
Supply Sales from Stores Other than Tobacco Stores or Electronic
Cigarette (Vaping) Establishments, Marijuana Cultivation, Check
Cashing and Payday Loan Establishments, and Retail
Establishments, Financial Institutions, and Restaurants with Drive-
Through Facilities; and a Determination This Action Is Not a Project
Approval Subject to the California Environmental Quality Act
BACKGROUND/DISCUSSION
Due to changes in State law and land use development patterns, staff is recommending
several changes to the use matrix in the Zoning Ordinance to keep the review process
relevant to local needs as follows:
Massage Establishments
On February 16, 2011, in response to Senate Bill (SB) 731, the City Council adopted
Ordinance No. 398, replacing Chapter 5.48 Massage Establishments and Therapists, of
Title 5 Business Taxes, Licenses and Regulations; and amending Section 17.08.010
Application of Definitions of Chapter 17.08 (Definitions), and 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.
SB 731, enacted by the state on September 27, 2008, provided for voluntary statewide
certification of massage therapists and restricted local regulation of massage
establishments and massage therapists or practitioners certified by the California
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November 16, 2016
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Massage Therapy Council (CAMTC). Local jurisdictions were still allowed to regulate
uncertified massage establishments and massage therapists or practitioners. Prior to
this, there was no statewide regulation of the massage industry. SB 731 was modified
several times, but subsequently expired on January 1, 2015. For instance, in 2011, AB
619 provided that the only manner in which local government could exercise traditional
land use restrictions on an individual certified by CAMTC or an establishment certifying
CAMTC certified practitioners was if those same regulations were placed upon all other
individuals and businesses providing "professional services".
Due to the reduction of barriers to entry, this legislation created a substantial increase in
the number of massage establishments within local jurisdictions, while at the same time
law enforcement agencies throughout the State reported increased complaints
concerning prostitution and human trafficking.
Prior to the sunset of SB 731, Governor Brown signed Assembly Bill (AB) 1147,
expanding local agencies' ability to regulate massage therapists and establishments
within their jurisdictions, allowing them to impose reasonable zoning, business licensing
and health and safety requirements for massage businesses, as well as requiring
conditional use permits, and regulating hours of operation. This law divided
responsibility for massage regulation between the State (regulating the certification of
massage professionals though the CAMTC) and local governments (regulating
massage businesses through their regulatory and land-use authority).
In anticipation of AB 1147 sunsetting on January 1, 2017, Governor Brown signed AB
2194 into law on September 22, 2016, was by, providing some clean-up and extending
its provisions to January 1, 2021. AB 2194 states that local governments shall impose
and enforce only reasonable and necessary fees and regulations on massage
businesses and massage establishments, in keeping with the requirements of existing
law and being mindful of the need to protect legitimate business owners and massage
professionals, particularly sole providers, and that local governments should give strong
consideration to establishing a registration program that grants local governments the
ability to either suspend or revoke a registration of massage business for specific
violations.
Staff recommends an amendment to the list of permitted uses in Table 17.20.060 to
require a Conditional Use Permit for new massage establishments, along with
appropriate development standards in Chapter 5.48, Massage Establishments and
Therapists, to ensure consistency with current State law.
Electronic Cigarette (Vapinq) Establishments, Hookah Lounges, and Retail Tobacco
and Electronic Cigaratte (Vapinq) Supply Sales from Stores Other than Tobacco Stores
or Electronic Cigarette (Vapinq) Establishments
With recent changes in State and Federal law that now regulate electronic cigarettes in
a similar manner as other tobacco products, staff recommends that the Zoning
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Ordinance treat land uses involving these products in a similar manner. Conditional
Use Permits are required for tobacco stores; the same should be required for new
electronic cigarette (vaping) establishments. Hookah lounges are presently not listed as
a permitted use in any zone. A hookah lounge could not be permitted in a manner that
would comply with the City's smoking regulations. Because staff does get questioned
about permits for a hookah lounge from time to time, it is recommended that they be
listed in the use matrix as a non-permitted use. Finally, the American Lung Association
has recommended that Moorpark establish a discretionary review process for stores
that sell tobacco products. At the present time, sales of tobacco products from general
retail, convenience, or grocery stores do not require any special permits. Staff
recommends that Administrative Permits be required for new stores other than tobacco
stores or electronic cigarette (vaping) establishments that wish to sell tobacco or
electronic cigarette (vaping) supplies.
Marijuana cultivation
In the event Proposition 64 passes, the City may no longer prohibit the indoor cultivation
at each home of up to six marijuana plants for personal recreational use. The current
Zoning Ordinance only allows cultivation of medical marijuana for personal use by a
qualified patient that resides on the property. Staff would recommend adding language
to permit recreational marijuana at the minimum level under Proposition 64, and that all
cultivation of both recreational and medical marijuana may only take place indoors.
Check Cashing and Payday Loan Establishments
Currently grouped with banks and other financial institutions, check cashing and payday
loan establishments are allowed by right in all commercial zones and with
Administrative Permits in all industrial zones. Staff recommends limiting new check
cashing and payday loan establishments to only the Commercial Planned Development
(CPD) zone with Administrative Permits required. This would further economic
development goals in the Old Town Commercial, Commercial Office, Neighborhood
Commercial, and Industrial Zones by supporting the higher quality uses that already
exist in these zones.
Retail Establishments, Financial Institutions, and Restaurants with Drive-Through
Facilities
Restaurants with drive-through facilities are currently allowed with Conditional Use
Permits in all commercial and industrial zones except for the Commercial Office (CO)
Zone. Drive-through facilities for retail establishments and financial institutions would
be reviewed as part of a Planned Development Permit for a project. Staff is
recommending limiting all new drive-through facilities for any uses to the Commercial
Planned Development (CPD) Zone, where sufficient land for queueing is generally more
available than other zones and to further economic development goals in all commercial
zones.
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It should be noted that California Government Code 65090(d) states: "Whenever a local
agency considers the adoption or amendment of policies or ordinances affecting drive-
through facilities, the local agency shall incorporate, where necessary, notice
procedures to the blind, aged, and disabled communities in order to facilitate their
participation." Such notice procedures will be incorporated at such time public hearings
are held for the applicable code amendments.
The Municipal Code calls for a resolution of the City Council to initiate an amendment to
the Zoning Ordinance. The attached draft resolution, if adopted by City Council, would
direct staff and the Planning Commission to study and provide a recommendation to the
City Council on the attached draft amendment to Chapter 17.20. If the City Council
adopts the attached resolution, staff intends to bring a proposed ordinance on this
matter to the Planning Commission and City Council in the next couple months.
ENVIRONMENTAL DETERMINATION
The action of the City Council at this time is not a "project approval" subject to the
California Environmental Quality Act as it is only seeking the recommendation of the
Planning Commission. The level of environmental review on such an ordinance will be
determined prior to Planning Commission recommendation.
FISCAL IMPACT
None.
STAFF RECOMMENDATION
Adopt Resolution No. 2016-
Attachment:
Resolution No. 2016-
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RESOLUTION NO. 2016-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOORPARK, CALIFORNIA, DIRECTING THE PLANNING COMMISSION
TO STUDY, HOLD A PUBLIC HEARING, AND PROVIDE A
RECOMMENDATION TO THE CITY COUNCIL ON AN AMENDMENT TO
CHAPTER 17.20 (USES BY ZONE) OF TITLE 17 (ZONING) OF THE
MOORPARK MUNICIPAL CODE TO ADDRESS MASSAGE
ESTABLISHMENTS, ELECTRONIC CIGARETTE (VAPING)
ESTABLISHMENTS, HOOKAH LOUNGES, RETAIL TOBACCO AND
ELECTRONIC CIGARETTE (VAPING) SUPPLY SALES FROM STORES
OTHER THAN TOBACCO STORES OR ELECTRONIC CIGARETTE
(VAPING) ESTABLISHMENTS, MARIJUANA CULTIVATION, CHECK
CASHING AND PAYDAY LOAN ESTABLISHMENTS, AND RETAIL
ESTABLISHMENTS, FINANCIAL INSTITUTIONS, AND RESTAURANTS
WITH DRIVE-THROUGH FACILITIES AND DETERMINATION THAT
THIS ACTION IS NOT A PROJECT APPROVAL SUBJECT TO THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, Section 17.44.050 of the Municipal Code provides that the City
Council may initiate proceedings to consider amendments to the Zoning Ordinance by
the adoption of a resolution of intent; and
WHEREAS, the City Council wishes to initiate proceedings to consider a Zoning
Ordinance Amendment that would amend Chapter 17.20 (Uses by Zone) of Title 17
(Zoning) of the Moorpark Municipal Code to Address Massage Establishments,
Electronic Cigarette (Vaping) Establishments, Hookah Lounges, Retail Tobacco and
Electronic Cigarette (Vaping) Supply Sales from Stores Other than Tobacco Stores or
Electronic Cigarette (Vaping) Establishments, Marijuana Cultivation, Check Cashing
and Payday Loan Establishments, and Retail Establishments, Financial Institutions, and
Restaurants with Drive-Through Facilities; and
WHEREAS, the Community Development Director has determined that the
initiation of proceedings for a Zoning Ordinance Amendment is not a project approval
subject to the California Environmental Quality Act.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DETERMINATION: The City Council
concurs with the determination of the Community Development Director that the
initiation of proceedings for a Zoning Ordinance Amendment is not a project approval
subject to the California Environmental Quality Act.
SECTION 2. INITIATION OF PROCEEDINGS: The City Council hereby
authorizes the initiation of proceedings to consider a Zoning Ordinance Amendment that
would amend Chapter 17.20 (Uses by Zone) of Title 17 (Zoning) of the Moorpark
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CC ATTACHMENT
Resolution No. 2016-
Page 2
Municipal Code to Address Massage Establishments, Electronic Cigarette (Vaping)
Establishments, Hookah Lounges, Retail Tobacco and Electronic Cigarette (Vaping)
Supply Sales from Stores Other than Tobacco Stores or Electronic Cigarette (Vaping)
Establishments, Marijuana Cultivation, Check Cashing and Payday Loan
Establishments, and Retail Establishments, Financial Institutions, and Restaurants with
Drive-Through Facilities.
SECTION 3. DIRECTION TO PLANNING COMMISSION: The Planning
Commission is hereby directed to study, hold a public hearing, and provide a
recommendation to the City Council on this matter.
SECTION 4. CITY CLERK CERTIFICATION AND FILING: The City Clerk
shall certify to the adoption of this resolution and shall cause a certified resolution to be
filed in the book of original resolutions.
PASSED AND ADOPTED this 16th day of November, 2016.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
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