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Home My WebLink AboutAGENDA REPORT 1993 0317 CC REG ITEM 12BITEM 112• S• AGENDA REPORT CITY OF MOORPARK TO: The Honorable City Council FROM: Jaime Aguilera, Director of Ce unity Development Paul Porter, Senior Planner " -N DATE: March 5, 1993 (CC meeting of March 17, 1993) SUBJECT: REVISIONS TO CITY'S ZONING ORDINANCE Background On February 24, 1993, the City Council discussed the proposed changes to the City's Zoning Ordinance and directed staff to a) prepare draft changes to the Ordinance prior to taking the matter back to the Planning Commission for their review and b) Initiate Council directed changes to the Ordinance immediately regarding: 1) allowing some retail sales in the industrial zones, and 2) requiring modifications to IPD's for churches requesting occupancy to existing buildings and new IPD's on properties with no approved IPD in the M -1 industrial zone. Discussion Pursuant to Council direction, staff suggests the following modifications to Section 8105 -1.5 of the Zoning Ordinance at this time: Sec. 8105 -1.5 - Any use requested as an accessory use which is listed in the matrix at Sections 8105 -4 and 8105 -5 as a main use shall be processed in accordance with the indicated requirements of the main use. PP03:03:93 15:03pmA : \17XAR.CC 1 In addition, staff has made the following modification to Section 8105 -5 Permitted Uses in Commercial and Industrial Zones: Recommendations: 1. Determine that the modifications to the City's Zoning Ordinance is categorically exempt pursuant to State CEQA Guidelines pursuant to Section 15061 (b) (3) in that the proposed amendments to the Zoning Ordinance does not have the potential for causing a significant effect on the environment. 2. Introduce the Ordinance for first reading. Attachment: Draft Ordinance PP03:03:93 15:03pmA:\17mm.CC 2 ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA AMENDING ORDINANCE NO. 137 FOR THE PURPOSE OF CLARIFYING LANGUAGE AND MODIFYING CERTAIN SECTIONS ENUMERATED IN EXHIBITS "A" AND "B" Whereas, on February 20 1991, the City Council rescinded the previous Zoning Ordinance as well as Ordinance Nos. 74 (Parking /Setbacks), 76 (Maximum Density) , 113 (Signs) , 83 (Produce Stands), 112 (Day Care Facilities), 121 (1,000 foot notification), and 130 (RPD Zones) in their entirety; and Whereas, the Council adopted the then current County Ordinance with several modifications, known as Ordinance 137; and Whereas, in using the Ordinance during the past year, staff has noted that there has been a need to make several minor modifications in order to clarify certain sections of the Ordinance and to better fit the needs of the City; and Whereas, Section 8115 -1.1. a of Article 15 of Division 8, Chapter 1 of the Municipal Code provides that the City Council may initiate proceedings to consider amendments to the Zoning Code by the adoption of a resolution of intention requesting the Planning Commission to set the matter for study, public hearing, and recommendation within a reasonable time; and Whereas, on November 2, 1992, the Planning Commission recommended that the City Council make modifications to the City's Zoning Ordinance as recommended by the Planning Commission in order to clarify certain sections of the Ordinance and to better fit the needs of the City; and Whereas, the City Council opened the public hearing on January 6, 1993 and closed the public hearing on this matter on March 17, 1993; and Whereas, the City Council determined that the modifications to the City's Zoning Ordinance is categorically exempt pursuant to State CEQA Guidelines pursuant to Section 15061 (b) (3) in that the proposed amendments to the Zoning Ordinance does not have the potential for causing a significant effect on the environment; and Whereas, requested changes to the Zoning Ordinance as directed by the City Council have been made to the Ordinance. PP03 :03:93 15 :03pmA:\17MM .CC 3 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. That the modifications to the City's Zoning Ordinance is categorically exempt pursuant to State CEQA Guidelines pursuant to Section 15061 (b) (3) in that the proposed amendments to the Zoning Ordinance does not have the potential for causing a significant effect on the environment. SECTION 2. That the Current Zoning Ordinance No. 137 is hereby amended as found in Section 3 and 4. SECTION 3. Sec. 8105 -1.5 - Any use requested as an accessory use which is listed in the matrix at Sections 8105- 4 and 8105 -5 as a main use shall be processed in accordance with the indicated requirements of the main use. a. Retail Sales in industrial zones. Retail sales may be allowed in industrial zones under the following provisions: 1. That the areas used for retail may not exceed 20% of the entire floor area of the building. 2. That in the case of an industrial complex under a single cumulative floor area of all buildings, 20% of the cumulative floor area, may be used by any one building for retail use. 3. Temporary retail sales may be allowed under the provisions of the temporary use permit and must exhibit verification of State Board of Equalization sellers permit with a City of Moorpark situs. The temporary permit shall be granted upon the stipulation that the sales activity occur no more than once per month and not on more than three consecutive days. 4. Items 1 & 2 above shall be allowed only as a modification to the original development permit. In the case of a non - existent development permit, one shall be required. PP03:03:93 15:03pmA:\17MR.CC 4 SECTION 4. Section 8105 -5 - "Churches are a permitted use in the M -1 zone with an approved Industrial Planned Development Permit (IPD). Churches shall be allowed in existing buildings approved as part of a Planned Development Permit subject to a modification to that Permit. SECTION 5. That if any section, subsection, sentence, clause, phrase, or word of the attached Ordinance (Exhibits A and B) is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the City's Zoning Ordinance. The City Council of the City of Moorpark hereby declares that it would have passed and adopted this Ordinance and each and all provisions thereof, irrespective of the fact that any one or more of said provisions may be declared to be invalid. PASSED, APPROVED AND ADOPTED this **0k day of Aar 1993. +— Mayo Paul W. Lawrason, Jr. rk ATTEST: Lillian E. Hare City Clerk PP03:03:93 15:03pmA:\17N4R.CC 5