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Home My WebLink AboutAGENDA REPORT 2017 0607 CCSA REG ITEM 11A CITY OF MOORPARK,CALIFORNIA City Council McGtting of 4-7-20i7 ITEM 11.A. Pd " cyto ' ORDINANCE NO. 447 13v. AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, APPROVING 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 11, 2016, the Moorpark City Council enacted an Interim Urgency Ordinance (Ordinance No. 441) to place a 45-day moratorium prohibiting the approval of any Business Registration, Use Permit or Any Application for Massage Establishments in any zone, and on December 21, 2016, Moorpark City Council adopted Ordinance No. 442 ("Moratorium Ordinance"), extending this moratorium by 10 months and 15 days through November 10, 2017; and WHEREAS, on November 16, 2016, the City Council adopted Resolution No. 2016-3557 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 a duly noticed public hearing on April 25, 2017, the Planning Commission considered Zoning Ordinance Amendment No. 2017-02 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, opened the public hearing and took and considered public testimony; closed the public hearing, and after discussion, adopted Resolution No. PC-2017-616, recommending approval of Zoning Ordinance Amendment No. 2017-02; and WHEREAS, at a duly noticed public hearing on May 17, 2017, the City Council considered Zoning Ordinance Amendment No. 2017-02, 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 223 THIS PAGE LEFT BLANK INTENTIONALLY 224 Ordinance No. 447 Page 2 WHEREAS, notices of the public hearings before the Planning Commission and City Council were 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 were 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. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: - SECTION 1. ENVIRONMENTAL DETERMINATION: The City Council 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 City Council, 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. GENERAL PLAN AND SPECIFIC PLAN CONSISTENCY: The City Council finds Zoning Ordinance Amendment No. 2017-02 to be consistent with the City of Moorpark General Plan and all adopted Specific Plans. SECTION 3. The City Council hereby approves Zoning Ordinance Amendment No. 2017-02, which amends Chapter 17.20 (Uses by Zone) of Title 17 (Zoning) of the Moorpark Municipal Code, as shown in Exhibit A attached. SECTION 4. If any section, subsection, sentence, clause, phrase, part or portion of this ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 5. This ordinance shall become effective thirty (30) days after its passage and adoption. 225 Ordinance No. 447 Page 3 SECTION 6. Ordinance No. 442, the Moratorium Ordinance, is rescinded upon the effective date of this ordinance. SECTION 7. The City Clerk shall certify to the passage and adoption of this ordinance; shall enter the same in the book of original ordinances of said City; shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted; and shall publish notice of adoption in the manner required by law. PASSED AND ADOPTED this 7th day of June, 2017. Janice S. Parvin, Mayor ATTEST: Maureen Benson, City Clerk Exhibit A— Zoning Ordinance Amendment No. 2017-02 226 Ordinance No. 447 Page 4 EXHIBIT A ZONING ORDINANCE AMENDMENT NO. 2017-02 AMENDMENTS TO 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; marijuana-plants 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-O 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) NZC: No Zoning Clearance is required prior to initiation of this use. 227 Ordinance No. 447 Page 5 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 CUP Retail smoking products stores,as defined in Chapter 8.32 b.Sale of tobacco products and electronic cigarette(vaping)products from retail AP AP AP AP establishments other than retail smoking products stores c.Smoking and vaping lounges where tobacco and vaping products are sold for on- site consumption(e.g. cigar lounges, hookah lounges,vaping lounges)other than retail smoking products stores 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 ZC ZC ZC ZC ZC except those set forth below b. Check cashing, payday loan,and vehicle title loan establishments (Only permitted in AP CPD Zone) c.Automated/Automatic Teller Machines ZC ZC ZC ZC AP (ATMs 228 Ordinance No. 447 Page 6 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 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 associated with permitted uses in the zone other than eating CUP CUP and drinking places(Not allowed in C-2 Zone) -END- 229