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Home My WebLink AboutRES PC 2017 616 2017 0425 RESOLUTION NO. PC-2017-616 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. Resolution No. PC-2017-616 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: Commissioners Aquino, Haverstock, Di Cecco, Vice Chair Hamous, and Chair Landis NOES: None ABSTAIN: None ABSENT: None PASSED, AND ADOPTED this 25th day of April, 2017. vfig", Kipp dis, hair ;i7 y David A. Bobardt, Community Development Director Exhibit A— Zoning Ordinance Amendment No. 2017-02 Resolution No. PC-2017-616 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; 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) Resolution No. PC-2017-616 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 cigarette(vaping)shops,where space for CUP such product display and sales is equal to or greater than fifty(50) percent of the total product display and sales area of the store b. Sale of tobacco products and electronic cigarette(vaping) products from retail AP AP AP AP establishments other than tobacco 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 tobacco 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 ZC ZC except those set forth below b. Check cashing, payday loan, and vehicle title loan establishments (Only permitted in AP CPD Zone) Resolution No. PC-2017-616 Page 5 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 CUP and drinking places (Not allowed in C-2 Zone) -END-