HomeMy WebLinkAboutAG RPTS 2017 0425 PC REG G PAK CA,./4.,
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Z �L� vA4 Resolution No. 20 6
`v, PLANNING COMMISSION
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FC � REGULAR MEETING AGENDA
APRIL 25, 2017
7:00 P.M.
Moorpark Community Center 799 Moorpark Avenue
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS:
5. PUBLIC COMMENT:
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON
MEETINGS/CONFERENCES ATTENDED BY THE COMMISSION:
8. PUBLIC HEARINGS: (next Resolution No. PC-2017-616)
A. Consider Resolution Recommending Approval of Zoning Ordinance Amendment
No. 2017-02, An Amendment to Chapter 17.20 (Uses by Zone) of Title 17 (Zoning)
of the Moorpark Municipal Code to Address Marijuana and Medical Marijuana
Cultivation, Tobacco Sales Including Electronic Cigarettes, Drive-Through
Facilities, Check Cashing, Payday Loan, and Vehicle Title Loan Establishments,
and Massage Establishments; and Making a Determination that This Action is
Exempt from the California Environmental Quality Act. Staff Recommendation: 1)
Open the public hearing, accept public testimony and close the public hearing; and
2) Adopt Resolution No. PC-2017 — , recommending to the City Council the
adoption of Zoning Ordinance Amendment 2017-02. (Staff: Joseph Fiss)
All writings and documents provided to the majority of the Commission regarding all agenda items are available for
public inspection at the City Hall public counter located at 799 Moorpark Avenue during regular business hours. The
agenda packet for all regular Commission meetings is also available on the City's website at www.moorparkca.gov.
Any member of the public may address the Commission during the Public Comments portion of the Agenda, unless it
is a Public Hearing or a Discussion item. Speakers who wish to address the Commission concerning a Public Hearing
or Discussion item must do so during the Public Hearing or Discussion portion of the Agenda for that item. Speaker
cards must be received by the Secretary for Public Comment prior to the beginning of the Public Comments portion of
the meeting; for a Discussion item, prior to the Chair's call for speaker cards for each Discussion agenda item; and for
a Public Hearing item, prior to the opening of each Public Hearing, or beginning of public testimony for a continued
hearing. A limitation of three minutes shall be imposed upon each Public Comment and Discussion item speaker. A
limitation of three to five minutes shall be imposed upon each Public Hearing item speaker. Written Statement Cards
may be submitted in lieu of speaking orally for open Public Hearings and Discussion items. Any questions concerning
any agenda item may be directed to the Community Development/Planning office at 517-6233.
Regular Planning Commission Meeting Agenda
April 25, 2017
Page 2
9. DISCUSSION ITEMS:
10. CONSENT CALENDAR:
A. Consider Approval of the Regular Meeting Minutes of January 24, 2017. Staff
Recommendation: Approve the minutes.
B. Consider Approval of the Special Joint Meeting Minutes of March 29, 2017. Staff
Recommendation: Approve the minutes.
11. ADJOURNMENT:
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting,
including auxiliary aids or services, please contact the Community Development Department at (805) 517-6233. Upon
request, the agenda can be made available in appropriate alternative formats to persons with a disability. Any request
for disability-related modification or accommodation should be made at least 48 hours prior to the scheduled meeting
to assist the City staff in assuring reasonable arrangements can be made to provide accessibility to the meeting (28
CFR 35.102-35.104; ADA Title II).
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss
CITY OF MOORPARK )
AFFIDAVIT OF POSTING
AGENDA
I, Joyce R. Figueroa, declare as follows:
That I am the Administrative Assistant II of the City of Moorpark and that an agenda of the
Regular Meeting of the Moorpark Planning Commission to be held on Tuesday, April 25,
2017, at 7:00 p.m. in the Council Chambers of the Moorpark Community Center, 799
Moorpark Avenue, Moorpark, California, was posted on April 20, 2017, at a conspicuous
place at the Moorpark Community Center, 799 Moorpark Avenue, Moorpark, California.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on April 20, 2017.
J cd R. Figueroa', Administrative Assistant II
ITEM: 8.A.
MOORPARK,CALIFORNIA
Planning Commission
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ACTION: / a it :/ aa. ea •a 'C7).
f rprr No. PC-201 7-(i(>
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BY: 1 . nil 1vrno
MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: Joseph Fiss, Economic Development and Planning Manger 'f
t
DATE: March 27, 2017 (PC Meeting of 4/25/2017)
SUBJECT: Consider Resolution Recommending Approval of Zoning Ordinance
Amendment No. 2017-02, An Amendment to Chapter 17.20 (Uses by
Zone) of Title 17 (Zoning) of the Moorpark Municipal Code to Address
Marijuana and Medical Marijuana Cultivation, Tobacco Sales
Including Electronic Cigarettes, Drive-Through Facilities, Check
Cashing, Payday Loan, and Vehicle Title Loan Establishments, and
Massage Establishments; and Making a Determination that This
Action is Exempt from the California Environmental Quality Act
BACKGROUND/DISCUSSION
Due to recent changes in State law and land use development patterns, on November
16, 2016, the City Council adopted 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. Staff is recommending several changes to the use matrices in the Zoning
Ordinance (Exhibit A of the attached draft resolution) for the Planning Commission's
consideration to keep the review process relevant to local needs and consistent with
State law, as discussed below.
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Honorable Planning Commission
April 25, 2017
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Marijuana Cultivation
On November 9, 2016 California voters passed Proposition 64, the Adult Use of
Marijuana Act (AUMA), allowing adults aged 21 years or older to possess and use
marijuana for recreational purposes. The act permits smoking in a private home or at a
business licensed for on-site marijuana consumption. Smoking remains illegal while
driving a vehicle, anywhere smoking tobacco is, and in all public places. Under State
law, the City may no longer prohibit an individual from growing up to six plants for
personal recreational use within a private home as long as the area is locked and not
visible from a public place, although reasonable conditions can be imposed. Under
Federal law, however, possession or cultivation of medical marijuana and marijuana are
both prohibited.
The Zoning Ordinance currently only allows cultivation of medical marijuana for
personal use by a qualified patient residing on the property. Staff is recommending
language permitting cultivation of recreational marijuana at the minimum level under
Proposition 64, a maximum of 6 plants per private residence, and that they be kept
indoors. Personal cultivation on any property other than a private residence would be
prohibited. These rules would also apply to medical marijuana. Staff is not
recommending any permits be required for personal cultivation. Enforcement can be
addressed through the City's code compliance processes. Commercial cultivation and
dispensaries of both (recreational) Marijuana and Medical Marijuana will remain as non-
permitted uses citywide.
Electronic Cigarette (Vaping) Establishments, Hookah Lounges, and Retail Tobacco
and Electronic Cigarette (Vaping) Supply Sales from Stores Other than Tobacco Stores
or Electronic Cigarette (Vaping) Establishments
With recent changes in State and Federal law regulating electronic cigarettes in a
similar manner as other tobacco products, staff recommends amending the Zoning
Ordinance to treat land uses involving these products in a similar manner. Currently, a
Conditional Use Permit is required for tobacco stores, and they are only permitted in the
General Commercial (C-2) and Commercial Planned Development (CPD) zones.
Smoking is currently allowed in wholesale tobacco distributors and retail tobacco stores,
providing they are located 20 feet or more from any opening of a private residence and
the establishment does not share a ventilation system with any other enclosed area or
public place not exempted in this section. The same should be required for new retail
electronic cigarette (vaping) establishments.
The American Lung Association has recommended Moorpark establish a discretionary
review process for stores selling tobacco products. At present, sales of tobacco
products from general retail, convenience, or grocery stores do not require any special
permitting. Staff recommends an Administrative Permit be required for new stores (other
than tobacco stores or electronic cigarette (vaping) establishments (which would require
a Conditional Use Permit) wishing to sell tobacco or electronic cigarette (vaping)
supplies.
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Honorable Planning Commission
April 25, 2017
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An Administrative Permit is required prior to the initiation of uses and structures in a
given zone where review and approval by the community development director is
required to assure compliance with the provisions of the Moorpark Municipal Code. No
public hearing is required; however, notice of a pending decision on an Administrative
Permit is mailed to the adjacent owners of real property to allow for review and
comment.
Smoking lounges (including Hookah lounges) are not presently listed as a permitted use
in any zone. A hookah is a single- or multi-stemmed instrument for vaporizing and
smoking flavored tobacco, whose vapor or smoke is passed through a water basin prior
to inhalation. A smoking lounge could not be permitted in a manner which would
comply with the City's smoking regulations (Chapter 8.32 MMC Prohibiting Smoking in
Public Places). Because staff does receive occasional questions about permits for a
these uses, it is recommended they be listed in the use matrix as a non-permitted use.
This would include cigar, hookah, vaping, marijuana, and similar lounge establishments,
where smoking of any sort is the primary use. As mentioned above, smoking would
remain allowed in wholesale tobacco distributors and retail tobacco stores.
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 other retail establishments, such as pharmacies and
financial institutions have traditionally been reviewed as part of a Planned Development
Permit for a project. As with other more intense uses, drive-through facilities are more
appropriate to sub-regional shopping districts. Staff is recommending limiting new
drive-through facilities for any uses to the Commercial Planned Development (CPD)
Zone, where traffic and circulation patterns are appropriate, and sufficient land for
queueing is generally more available than other zones, and to further community and
economic development goals in all commercial zones.
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." Notice has been provided to the Vintage Crest senior apartments, Tafoya
Terrace, and the Area Housing Authority to satisfy this code requirement.
Check Cashing, Payday Loan Establishments, and Vehicle Title Loan Establishments
Currently grouped with banks and other financial institutions, check cashing, payday
loan, and vehicle title loan establishments are allowed by right in all commercial zones
and with Administrative Permits in all industrial zones. These non-traditional financial
uses, while providing a service, are more appropriate to sub-regional shopping districts.
As such, staff recommends limiting new check cashing, payday loan establishments,
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Honorable Planning Commission
April 25, 2017
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and vehicle title loan establishments to only the Commercial Planned Development
(CPD) zone, with an Administrative Permit required. This would further community and
economic development goals in the Old Town Commercial, Commercial Office,
Neighborhood Commercial, and Industrial Zones by supporting the purpose and intent
of these zones.
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
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. In 2011, AB 619 provided
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 through 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, 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
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Honorable Planning Commission
April 25, 2017
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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.
On November 11, 2016, the Moorpark City Council enacted an Interim Urgency
Ordinance to place a 45-day moratorium prohibiting the approval of any Business
Registration, Use Permit or Any Application for Massage Establishments in any zone.
On December 21, 2016 an Interim Ordinance was adopted, extending the 45-Day
temporary moratorium for an additional 10 months and 15 days, through and including
November 10, 2017, allowing staff to conduct the necessary research and prepare draft
amendments to the Moorpark Municipal Code related to massage establishments.
Staff is recommending that massage establishments be limited to the Commercial
Planned Development (CPD) zone and that a Conditional Use Permit be required. A
distinction is made from day spas and salons with massage occupying 3 or fewer
stations and less than 20 percent of the floor area. Such uses could have massage as
a service with a Zoning Clearance in all commercial zones. As it is anticipated that the
City Council will be considering these changes to the Zoning Ordinance prior to
November 10, 2017, staff would also be recommending that the Interim Ordinance be
rescinded at such time the new regulations become effective.
GENERAL PLAN AND SPECIFIC PLAN CONSISTENCY
The Land Use Element of the General Plan designates the proposed general
distribution and general location and extent of the uses of the land for housing,
business, industry, open space, and other categories of public and private uses of land.
The location and designation of the extent of such uses of the land for public and private
uses shall consider the identification of land and natural resources. The zoning
regulations for the City have been adopted to protect and promote the public health,
safety and general welfare; to provide the environmental, economic and social
advantages which result from an orderly, planned use of resources; to establish the
most beneficial and convenient relationships among land uses; and to implement the
City's General Plan.
The proposed Zoning Ordinance Amendment is consistent with the Goals and Policies
for Land Use and Commercial Development found in the General Plan. The proposed
changes to Chapter 17.20 (Uses by Zone) of the Moorpark Municipal Code are
consistent with the Land Use Plan Assumptions and Designations of the City's General
Plan Land Use Element and all adopted Specific Plans.
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Honorable Planning Commission
April 25, 2017
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ENVIRONMENTAL DETERMINATION
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), in that there would not be a physical change to any existing land uses in
Moorpark as a result of this ordinance, as this ordinance does not authorize any
additional uses or expand the permitted location of any uses within the City. No further
environmental documentation is required.
NOTICING
Public Notice for this item was given consistent with Chapter 17.44.070 of the Zoning
Ordinance with publication in the Ventura County Star on April 15, 2017.
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the public hearing.
2. Adopt Resolution No. PC-2017 — , recommending to the City Council the
adoption of Zoning Ordinance Amendment 2017-02.
ATTACHMENTS:
1. Draft Planning Commission Resolution
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RESOLUTION NO. PC-2017-
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, CALIFORNIA, RECOMMENDING APPROVAL OF ZONING
ORDINANCE AMENDMENT NO. 2017-02, AN AMENDMENT TO
CHAPTER 17.20 (USES BY ZONE) OF TITLE 17 (ZONING) OF THE
MOORPARK MUNICIPAL CODE TO ADDRESS MARIJUANA AND
MEDICAL MARIJUANA CULTIVATION, TOBACCO SALES INCLUDING
ELECTRONIC CIGARETTES, DRIVE-THROUGH FACILITIES, CHECK
CASHING, PAYDAY LOAN, AND VEHICLE TITLE LOAN
ESTABLISHMENTS, AND MASSAGE ESTABLISHMENTS; AND
MAKING A DETERMINATION THIS ACTION IS EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, on November 16, 2016, the City Council adopted 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
WHEREAS, at duly noticed public hearing on April 25, 2017, the Planning
Commission considered Zoning Ordinance Amendment No. 2017-02, an amendment to
Chapter 17.20 (Uses by Zone) of Title 17 (Zoning) of the Moorpark Municipal Code; and
WHEREAS, at its meeting of April 25, 2017, the Planning Commission
considered the agenda report and any supplements thereto and written public
comments; opened the public hearing and took and considered public testimony both
for and against the proposal, closed the public hearing, and discussed and reached a
decision on this matter; and
WHEREAS, notice of the public hearing before the Planning Commission was
published in the Ventura County Star with a 1/8 page ad, mailed to apartment managers
of apartments for senior and disabled residents in Moorpark and to the Area Housing
Authority of the County of Ventura, and was posted at the Moorpark Active Adult Center
to satisfy Sections 65090 and 65091 of the Government Code, including subsections (d)
as changes to the Zoning Ordinance are proposed that would affect commercial drive-in
or drive-through facilities; and
WHEREAS, the Community Development Director has determined that this
project would qualify for a General Rule Exemption in accordance with Section 15061 of
California Code of Regulations (CEQA Guidelines), in that there would not be a physical
change to any existing land uses in Moorpark as a result of this ordinance, as this
ordinance does not authorize any additional uses or expand the permitted location of
any uses within the City.
PC ATTACHMENT 1 7
Resolution No. PC-2017-
Page 2
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DETERMINATION: The Planning
Commission concurs with the determination of the Community Development Director
that this project would qualify for a General Rule Exemption in accordance with Section
15061 of California Code of Regulations (CEQA Guidelines), in that there would not be
a physical change to any existing land uses in Moorpark as a result of this ordinance, as
this ordinance does not authorize any additional uses or expand the permitted location
of any uses within the City. Based on its independent analysis and judgment of the
Planning Commission, it can be seen with certainty that there is no possibility that the
Zoning Ordinance Amendment No. 2017-02 may have a significant impact on the
physical environment. No further environmental documentation is required.
SECTION 2. PLANNING COMMISSION RECOMMENDATION: The Planning
Commission recommends to the City Council approval of Zoning Ordinance
Amendment No. 2017-02 as shown in Exhibit A, attached.
SECTION 3. Filing of Resolution: The Community Development Director shall
cause a certified resolution to be filed in the book of original resolutions
The action of the foregoing direction was approved by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
PASSED, AND ADOPTED this 25th day of April, 2017.
Kipp Landis, Chair
David A. Bobardt, Community Development Director
Exhibit A— Zoning Ordinance Amendment No. 2017-02
8
Resolution No. PC-2017-
Page 3
EXHIBIT A
ZONING ORDINANCE AMENDMENT NO. 2017-02
AMENDMENTS TO
SECTIONS 17.20.050 (PERMITTED USES IN OPEN SPACE, AGRICULTURAL,
RESIDENTIAL, AND SPECIAL PURPOSE ZONES) AND
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
No. 9 in Section A, Agricultural Uses (minimum lot size of 5 acres required), of Table
17.20.050 in Section 17.20.050 is amended as follows:
RPD
20U-N-
Zones O-S A-E R-A R-E R-O R-1 R-2 RPD D TPD
9. Commercial
Gcultivation of marijuana
or medical marijuana;
other than medical
marijuana plants
maintained-fer-perslanal
use-by-a-watifieGI--patient
residing on the property
as allowed by Health and
11362.77
No. 17 in Section D. Accessory and Miscellaneous Uses, of Table 17.20.050 in Section
17.20.050 is added as follows:
RPD
20U-N-
Zones O-S A-E R-A R-E R-0 R-1 R-2 RPD D TPD
17. Indoor personal
cultivation of marijuana or
medical marijuana of up
to six(6) plants per
private residence when
consistent with Health
and Safety Code Section
11362.2 for marijuana or NZC NZC NZC NZC NZC NZC NZC NZC NZC NZC
Health and Safety Code
Section 11362.77 for
medical marijuana
(Outdoor personal
cultivation of marijuana or
medical marijuana is
prohibited)
9
Resolution No. PC-2017-
Page 4
No. 26 in Section A, Retail and Service Uses, of Table 17.20.060 in Section 17.20.060
is amended as follows:
CPD
Zones C-O C-1 C-2 C-OT M-1 M-2
26.Tobacco Sales
a.Tobacco stores, including, but not limited
to, cigarette,cigar,pipe tobacco,and
smoking paraphernalia,and electronic CUP
cigarette(vaping)shops,where space for
such product display and sales is equal to or
greater than fifty(50)percent of floor area
b.Sale of tobacco products and electronic
cigarette(vaping)products from retail AP AP AP AP
establishments other than tobacco stores
c.Smoking lounges
No. 3 b. in Section B. Eating and Drinking Places, of Table 17.20.060 in Section
17.20.060 is amended as follows:
CPD
Zones C-O C-1 C-2 C-OT M-1 M-2
b.With drive-in or drive-through facilities
(sale of alcoholic beverages from the drive-in
or drive-through facilities is prohibited) with CUP CUP CUP CUP CUP
or without outdoor seating(Only permitted in
the CPD Zone)
No. 1 in Section C. Office and Professional Uses, of Table 17.20.060 in Section
17.20.060 is amended as follows:
CPD
Zones C-O C-1 C-2 C-OT M-1 M-2
1. Financial services
a. Banks and other financial institutions,
except those set forth below ZC ZC ZC ZC ZC ZC ZC
b.Check cashing, payday loan,and vehicle
title loan establishments (Only permitted in AP
CPD Zone)
No. 3 in Section C, Office and Professional Uses, of Table 17.20.060 in Section
17.20.060 is amended as follows:
CPD
Zones C-O C-1 C-2 C-OT M-1 M-2
3. Professional and administrative offices,
including, but not limited to:accounting,
advertising agencies,chiropractic,collection
services;dental, direct mail marketing
companies,employment agencies,
engineering services, insurance, investment,
medical, ZC ZC ZC ZC ZC ZC
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
10
Resolution No. PC-2017-
Page 5
No. 5 in Section C, Office and Professional Uses, of Table 17.20.060 in Section
17.20.060 is added as follows:
CPD
Zones C-O C-1 C-2 C-OT M-1 M-2
5.Massage Establishments when in
compliance with Title 5.48 of Moorpark
Municipal Code
a.Massage Establishments with four(4)or
more massage stations, or where twenty
(20)percent or more of the floor area is CUP
dedicated to massage services(Only
permitted in the CPD Zone)
b. Massage Establishments at day spas,
salons,or similar uses with three(3)or fewer
massage stations,provided that less than ZC ZC ZC ZC
twenty(20) percent of the floor area is
dedicated to massage services
No. 5 in Section F, Accessory and Miscellaneous Uses, of Table 17.20.060 in Section
17.20.060 is added as follows:
CPD
Zones C-O C-1 C-2 C-OT M-1 M-2
5. Drive-through facilities(Only permitted in CUP
CPD Zone
-END-
11
MOORPARK,CALIFORNIA
Planning Commission
of 4, z . )10 17
ACTION: A pprcvPr1 ITEM 10.A.
� �111�PP MINU I ES OF THE PLANNING COMMISSION
BY: MoorparKtic alifornn nia January 24, 2017
A Regular Meeting of the Planning Commission of the City of Moorpark was held on
January 24, 2017, in the Council Chambers of said City located at 799 Moorpark
Avenue, Moorpark, California.
1. CALL TO ORDER:
David Bobardt, Community Development Director called the meeting to order at
7:03 p.m.
2. PLEDGE OF ALLEGIANCE:
Mark Di Cecco, Planning Commissioner, led the Pledge of Allegiance.
3. OATH OF OFFICE:
A. City Clerk Administers Oath of Office to the Planning Commission (Staff:
Maureen Benson)
City Clerk, Maureen Benson, administered the oath of office to Planning
Commissioners Debra Aquino, Mark Di Cecco, Bruce Hamous, Adam
Haverstock, and Kipp Landis.
Staff attending the meeting included David Bobardt, Community Development
Director; Joseph Fiss, Economic Development and Planning Manager; and Joyce
Figueroa, Administrative Assistant II.
4. PROCLAMATIONS, COMMENDATIONS, AND SPECIAL PRESENTATIONS:
A. Consideration Selection of Chair and Vice Chair
Debra Aquino
Mark Di Cecco
Bruce Hamous
Adam Haverstock
Kipp Landis
Staff Recommendation: 1) Open the floor to nominations for a Chair; 2)
Once sufficient nominations have been made, close the nominations and
vote; 3) Open the floor for nominations for a Vice Chair; and 4) Once
sufficient nominations have been made, close the nominations and vote.
(Staff: David Bobardt)
12
Minutes of the Planning Commission
Moorpark, California Page 2 January 24, 2017
MOTION: Commissioner Di Cecco moved and Commissioner Hamous seconded
a motion to nominate Commissioner Landis as Chair. The motion carried by
unanimous voice vote.
MOTION: Chair Landis moved and Commissioner Aquino seconded a motion to
nominate Commissioner Hamous as Vice Chair. The motion carried by
unanimous voice vote.
At this point in the meeting the Commission recessed to allow the Chair and Vice Chair
to be seated. The time was 7:07 p.m. The Planning Commission meeting reconvened
at 7:08 p.m.
5. PUBLIC COMMENT:
Vicki Tripoli spoke on behalf of the Ventura County Area Agency on Aging
(VCAAA) Advisory Council and recommended the City consider using universal
design and building standard guidelines when building multi-family and senior
housing. Ms. Tripoli provided a handout of the Housing and Transportation
Committee meeting report of March 12, 2014, Item 6.5 describing the universal
design concept.
6. REORDERING OF, AND ADDITIONS TO, THE AGENDA:
None.
7. ANNOUNCEMENTS, FUTURE AGENDA ITEMS, AND REPORTS ON
MEETINGS/CONFERENCES ATTENDED BY THE COMMISSION:
A. Mandatory Ethics and Anti-Harassment Prevention training on February 8,
2017 from 5:00 p.m. to 9:00 p.m. at the Community Center in the Apricot
Room.
Mr. Bobardt announced the Mandatory Ethics and Anti-Harassment Prevention
training will be on February 8, 2017, and the League of California Cities Planning
Commissioners Academy will be on March 1 — 3, 2017.
8. PUBLIC HEARINGS: (next Resolution No. PC-2017-616)
None.
9. DISCUSSION ITEMS:
A. Consider Finding of General Plan Consistency for the Purchase of
Property at 31 Poindexter Avenue by the City of Moorpark for Public
Purposes. Staff Recommendation: 1) Find the acquisition of the property
at 31 Poindexter Avenue for road widening in conformity with the General
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Minutes of the Planning Commission
Moorpark, California Page 3 January 24, 2017
Plan, unless a second southbound lane is added to Moorpark Avenue, in
which case an amendment to the Circulation Element would need to be
adopted prior to widening, and direct staff to report this finding to the City
Council.
Vice Chair Hamous recused himself from this item to avoid a potential
conflict of interest and left the dais at 7:14 p.m.
Mr. Bobardt gave the staff report.
CONSENSUS: It was the unanimous consensus of the Commissioners present
with Vice Chair Hamous absent, to approve staff recommendation.
Vice Chair Hamous returned to dais at 7:18 p.m.
B. Consider Regular Meeting Schedule, Time and Place. Staff
Recommendation: 1) Approve the 2017 regular meeting schedule of the
fourth Tuesday of each month starting at 7:00 p.m. at the Moorpark City
Hall Community Center, 799 Moorpark Avenue, Moorpark, CA 93021.
Mr. Bobardt gave the staff report.
CONSENSUS: It was the unanimous consensus of the Commission to approve
staff recommendation.
10. CONSENT CALENDAR:
MOTION: Commissioner Haverstock moved and Commissioner Di Cecco
seconded a motion to approve the Consent Calendar. The motion carried by
unanimous voice vote.
A. Consider Approval of the Special Meeting Minutes of December 6, 2016.
Staff Recommendation: Approve the minutes.
11. ADJOURNMENT:
MOTION: Chair Landis moved and Commissioner Aquino seconded a motion to
adjourn the meeting. The motion carried by unanimous voice vote. The time
was 7:20 p.m.
Kipp Landis, Chair
David A. Bobardt, Community Development Director
14
MOORPARK,CALIFORNIA ITEM 10.B.
Planning Commission
of 25. 2017
ACTION: A) pr0Uori
r MINI 1TF5 OF THE JOINT MEETING OF THE
CITY COUNCIL AND PLANNING COMMISSION
BY: 5. -FI`groa..
Moorpark2Califomia March 29, 2017
A Special Joint Meeting of the Moorpark City Council and Planning Commission was
held on March 29, 2017, at 7:30 p.m. at the Moorpark Community Center located at 799
Moorpark Avenue, Moorpark, California.
1. CALL TO ORDER:
Mayor Parvin called the City Council to order at 8:05 p.m.
Chair Landis called the Planning Commission to order at 8:05 p.m.
2. THE PLEDGE OF ALLEGIANCE:
Commissioner Mark Di Cecco led the Pledge of Allegiance.
3. ROLL CALL:
Planning Commissioners: Commissioners Di Cecco, Hamous, and Chair
Landis.
Absent: Commissioners Aquino and Haverstock.
City Council: Councilmembers Mikos, Pollock, Simons, Van
Dam, and Mayor Parvin.
Staff Present: Steven Kueny, City Manager; Deborah
Traffenstedt, Assistant City Manager; David
Bobardt, Community Development Director
Clerk; Sean Corrigan, City Engineer/Public
Works Director; and Maureen Benson, City
Clerk.
4. PUBLIC COMMENT:
None.
5. PRESENTATION/ACTION/DISCUSSION:
A. Consider Status Report on Mission Statement, Priorities, Goals and
Objectives for Fiscal Years 2015/2016 and 2016/2017. Staff
Recommendation: Direct staff as deemed appropriate.
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Minutes of the City Council and
Planning Commission
Moorpark, California Page 2 March 29, 2017
Mr. Kueny gave a brief oral report
The Council and Commission discussed; 1) Water conservation, the
status of the Calleguas Municipal Water District brine line, and the impacts
of housing development on water supply; 2) Testing the soil for
liquefaction for both the City Hall site and the Library project site; 3) Mixed
Use Survey for the Downtown Specific Plan is forthcoming; 4) Continued
long range plans for North Hills Parkway between Los Angeles Ave from
the future studio project to Spring Road including bridging at Walnut
Canyon and the right-of-way for the State Route 23 freeway extension
from freeway interchange to north of Ridgecrest; 5) Updating the General
Plan along with the Zoning Ordinance later this year; 6) The Los Angeles
Avenue Traffic Study will be useful in preparing the Circulation Element; 7)
Consider additional housing sites throughout the City, not just High Street,
affordable multi- and single-family housing using information from the
Commercial Demand Study with projects such as the possibility of Mission
Bell Plaza being re-purposed for residential, the Area Housing Authority
construction of 24-affordable units at the old fire station property, the
Essex apartments behind City Hall, the proposed multi-family
development north of that site, Pacific Communities in May, the Duncan-
Ashley project at the old RV site in late summer, Aldersgate Senior
Housing on Casey Road, the Grand Moorpark on the 4-acres west of
Mission Bell, the Everett project, and then development of Hitch Ranch;
and 8) Changes in state law requiring updates to the Moorpark Municipal
Code for accessory dwelling units, density bonus requirement, massage
regulations, recreational marijuana, and e-cigarette.
Commission Landis summarized with approximately 122 objectives and
35 to be completed in the next two years he would like to compliment staff
for doing a great job.
In response to Council questions, staff responded that the City has the
right-of-way acquisitions for the east side of Spring Road Avenue widening
except for three temporary construction easements; the traffic signal at
Princeton and Nogales is not part of the Princeton Avenue widening
project, but may be studied as part of a 4-way signalized intersection
during the discussion of the Sunbelt Specific Plan project; the Princeton
Avenue widening is waiting on acquisition of two deeds, one from National
Ready Mix and the other from the Bennett Partnership, and the need for
Caltrans' cooperation in order for the City to meet the deadline for grant
funding.
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Minutes of the City Council and
Planning Commission
Moorpark, California Page 3 March 29, 2017
In was recommended that the Planning Commission agendize discussion
of the goals and objectives at their next meeting including a review of the
Sign Ordinance.
Mayor Parvin thanked the Planning Commission for what they do for the
community.
6. ADJOURNMENT:
Mayor Parvin adjourned the City Council meeting and Chair Landis adjourned the
Planning Commission meeting at 8:45 p.m.
Janice S. Parvin, Mayor
Kipp Landis, Chair
ATTEST:
Maureen Benson, City Clerk
17