HomeMy WebLinkAboutAGENDA REPORT 2018 0815 CCSA REG ITEM 08BCITY OF MOORPARK,
CALIFORNIA
City Council Meeting
of 8.15.2018
ACTION Introduced Ordinance
No. 463, as amended
BY M. Benson
B. Consider Introduction of Zoning Ordinance Amendment No. 2018 -02, an
Amendment to Chapters 17.08 (Definitions), 17.20 (Uses by Zone), 17.24
(Development Requirements), 17.28 (Standards for Specific Uses), and 17.44
(Application Review Procedures) of Title 17 (Zoning) of the Moorpark Municipal
Code to Address Accessory Dwelling Units, Marijuana-Related Uses, Standards
for Residential Roof Replacements Adjacent to Arterial Roads, Allowed Uses On
Land Developed with Overhead Electrical Utilities, Outdoor Storage in an
Industrial Park Zone, and Permit Approval Expiration, Time Extensions and
Discontinuance of Use, and Determining 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) Introduce
Ordinance No. ____, approving Zoning Ordinance Amendment No. 2018-02, for
first reading, waive full reading, and place this ordinance on the agenda for
September 5, 2018, for purposes of providing second reading and adoption of
the ordinance.
Item: 8.B.
MOORPARK CITY COUNCIL
AGENDA REPORT
TO: Honorable City Council
FROM: David A. Bobardt, Community Development Director
Freddy A. Carrillo, Associate Planner ll
DATE: 8/15/2018 Regular Meeting
SUBJECT: Consider Introduction of an Ordinance Approving Zoning Ordinance
Amendment No. 2018-02, an Amendment to Chapters 17.08
(Definitions), 17.20 (Uses by Zone), 17.24 (Development
Requirements), 17.28 (Standards for Specific Uses), and 17.44
(Application Review Procedures) of Title 17 (Zoning) of the Moorpark
Municipal Code to Address Accessory Dwelling Units, Marijuana-
Related Uses, Standards for Residential Roof Replacements
Adjacent to Arterial Roads, Allowed Uses On Land Developed with
Overhead Electrical Utilities, Outdoor Storage in an Industrial Park
Zone, and Permit Approval Expiration, Time Extensions and
Discontinuance of Use, and Determining that this Action is Exempt
from the California Environmental Quality Act
BACKGROUND
Due to recent changes in State law and land use development patterns, on February 7,
2018, 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 amending
Chapter 17.08 (Definitions), Chapter 17.20 (Uses by Zone), Chapter 17.24
(Development Requirements), Chapter 17.28 (Standards for Specific Uses), and
Chapter 17.44 (Application Review Procedures) of Title 17 (Zoning) of the Moorpark
Municipal Code to address accessory dwelling units, marijuana-related uses, standards
for residential roof replacements adjacent to arterial roads, allowed uses on land
developed with overhead electrical utilities; outdoor storage in an Industrial Park (M-1)
zone; and permit approval expiration, time extensions and discontinuance of use, and
short term rentals. These items are addressed in this report except for short term
rentals, which are addressed in a separate report. The City Attorney’s Office reviewed
the draft ordinance that is attached to this report.
On July 24, 2018, the Planning Commission held a public hearing on Zoning Ordinance
Amendment No. 2018-02, to amend various sections of the Zoning Ordinance to
Item: 8.B.
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August 15, 2018
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address accessory dwelling units, marijuana-related uses, standards for residential roof
replacements adjacent to arterial roads, allowed uses on land developed with overhead
electrical utilities; outdoor storage in an Industrial Park (M-1) zone; and permit approval
expiration, time extensions and discontinuance of use. There was no public testimony.
The Planning Commission adopted Resolution No. PC-2018-628 recommending
approval of the proposed amendments as presented.
DISCUSSION
Specific amendments to Title 17 Zoning are shown in Exhibit A of the proposed
resolution. The following summarizes the current code, State mandated changes, and
the staff recommendation:
Accessory Dwelling Unit
Last year, Governor Brown signed two legislative bills affecting local regulation of
Accessory Dwelling Units (ADUs): Senate Bill No. 229 (SB 229) and Assembly Bill No.
494 (AB 494). These bills clarify parking requirements and impose new connection fees
to special districts and water corporations, and allow ADUs to be built in conjunction
with a proposed single-family dwelling. On July 5, 2017, the City Council adopted
Ordinance No. 449, a zoning ordinance amendment to address Senate Bill No. 229 (SB
229) and Assemble Bill No. 494 (AB 494). In addition to the aforementioned regulations
around ADUs, these bills also replace the term “second unit” with “accessory dwelling
unit” in Section 65852.2 of the Government Code, and impose new limitations on City’s
regulations of accessory dwelling units related to use classification, unit size, parking
requirements, setbacks, garage conversions, and utility connections. Staff is requesting
changes to the following sections of the Municipal code to conform with newly enacted
state law:
A. Parking – Municipal Code Section 17.28.020(G)
• Currently, the Zoning Ordinance requires one covered, uncovered,
tandem parking on existing driveway or use of a mechanical lift parking
space for each bedroom of the ADU, with a minimum of one space if the
ADU does not have a bedroom.
• State statute provides that cities may require one parking space per unit or
one per bedroom, whichever is less.
Staff Recommendation: Require one parking space for the ADU.
B. Number of ADUs per lot and minimum lot size – Municipal Code Section
17.28.020(G)
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• Currently, the Zoning Ordinance allows one ADU per residentially zoned
lot that has one existing single-family dwelling, where the lot conforms with
current Zoning standards for minimum lot width, depth, and size.
• State statute provides that an ADU may be proposed on a residential
zoned lot that has an existing single-family dwelling or a proposed single-
family dwelling.
Staff Recommendation: Allow an ADU on a residentially zoned lot
that has a proposed or existing single-family dwelling, where the lot
conforms with current Zoning standards for minimum lot width,
depth, and size. Single-family dwelling must be completed before the
ADU may be occupied.
In addition, special districts and water corporations will no longer be permitted to
classify ADUs as a new residential use when calculating connections fees and capacity
charges, or require a new or separate connection between a conversion ADU and utility
or impose a related fee or charge.
Marijuana
On January 20, 2016, the City Council adopted Ordinance No. 436, a zoning ordinance
amendment to address Senate Bill 643 (SB 643), Assembly Bill 243 (AB 243), and
Assembly Bill 266 (AB 266), collectively known as the Medical Cannabis Regulation and
Safety Act (MCRSA). These bills provide for State oversight of medical marijuana
cultivation and distribution as allowed under Proposition 215, while still allowing for local
control. On June 7, 2017, the City Council adopted Ordinance No. 447, a zoning
ordinance amendment to address Proposition 64, the Adult Use of Marijuana Act
(AUMA), allowing adults aged 21 years or older to cultivate up to six marijuana plants
for personal recreational use within a private home. The act also permits smoking in a
private home or at a business licensed for on-site marijuana consumption.
Last year, Governor Brown signed into law Senate Bill 94 (SB 94) the Medicinal and
Adult-Use Cannabis Regulation and Safety Act (MAUCRSA), which creates one
regulatory system for both medicinal and adult-use (recreational) cannabis. This bill
clears up some concerns about how a combined medicinal and recreational marijuana
market would work statewide and establishes clear law enforcement guidelines and
taxation plans. In addition, the bill renamed the terms “marijuana” or “medical cannabis”
in existing law to instead refer to “cannabis” or “medicinal cannabis”.
Staff Recommendation: Amend definitions and standards to
incorporate language used in the MAUCRSA.
It should be noted that the State is currently considering rules that would pre-empt cities
from prohibiting delivery of cannabis within their jurisdiction. The city has sent a letter in
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opposition to the rules. If this legislation passes, Moorpark would have to re-visit its
zoning ordinance prohibition on cannabis distribution.
Residential Roof Replacements Adjacent to Arterial Roads
On March 23, 2017, staff issued a Zoning Clearance and Building Permit to a
homeowner on Avedon Road to replace their home’s concrete tile roof with a composite
asphalt shingle roof. This property, with a mature oak tree in the front yard that was
constantly dropping leaves onto the roof, had created a maintenance burden for the
homeowner. Removing the leaves and maintaining the existing tile roof was challenging
for the homeowner because the concrete roof tiles are not meant to be walked on
except by trained professionals.
The following issues were taken into consideration prior to issuance of the Zoning
Clearance:
• The concern to maintain the roof and to preserve the oak tree was legitimate.
• There was no active HOA in the neighborhood with architectural control.
• Although all the homes in the development all have red concrete tile roofs, the
Planned Development Permit for the project, approved by the County in 1978,
did not have any architectural conditions requiring specific materials or colors on
the homes.
• The home was located in the interior of the development and was not visible from
Tierra Rejada Road or Los Angeles Avenue, where the adjacent uniform tile
roofs are part of the streetscape.
• The adjacent Buttercreek neighborhood was built with a mix of concrete tile,
wood shake, and asphalt shingle roofs.
Staff would have had a concern issuing such a Zoning Clearance if the home was
located adjacent to an arterial road, as it would have negatively affected the streetscape
along the road. However, this concern is not currently addressed by the Zoning
Ordinance.
Chapter 17.24.010 of the Zoning Ordinance identifies the purpose of development
requirements within the code, as follows:
“The purpose of this chapter is to set forth specific development
requirements for all zones in the city in order to provide adequate
separation for light, air, safety, and open space as well as to provide an
aesthetically pleasing environment in which to live, work and recreate.”
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One way to provide an “aesthetically pleasing environment…” is to ensure the
maintenance of tile roofing materials on homes adjacent to arterial roads as identified in
the General Plan Circulation Element. Attachment 1 shows those roads. Although
most newer developments have Planned Development Permits with conditions of
approval governing building materials, there are some older neighborhoods without
such requirements. To maintain the streetscape in residential areas along arterial roads
staff recommends adding a section to Chapter 17.24 (Development Requirements) that
requires that existing concrete or clay tile roofs may only be replaced with concrete or
tile roofs of a color and material compatible with homes adjacent to arterial streets.
Staff Recommendation: Require that existing concrete or clay tile
roofs on homes abutting arterials may only be replaced with roofing
that is compatible with the neighborhood.
Allowed Uses on Land Developed with Overhead Electrical Utilities
Currently, the Zoning Ordinance does not have a review process for uses within existing
overhead utility corridors that are in its single-family zones.
Staff Recommendation: Allow wholesale nurseries, tree farms and
ornamental plant farms, including container plants, in Single-Family
Estate (R-O) and Single-Family Residential (R-1) zones when located
within overhead electrical utility corridors under an Administrative
Permit.
Outdoor Storage in an Industrial Park Zone
Typically, an outdoor storage is used to pile pallets of store goods or excess material;
heavy industrial equipment; large working vehicles; or material used daily for the
business operation. The Zoning Ordinance currently allows outdoor storage when in
conjunction with a city approved use and when all storage is screened by an 8-foot high
masonry wall in a Commercial Planned Development (CPD), General Commercial (C-
2), and Limited Industrial (M-2) zone.
Staff Recommendation: Allow outdoor storage in the Industrial Park
(M-1) zone to keep consistency with similar zones.
Permit Approval Expiration, Time Extensions and Discontinuance of Use
Discretionary permits, such as an Administrative Permit (AP), Planned Development
(PD) Permit, and Conditional Use Permit (CUP), and exceptions, granted for a use,
expire within one year from the date of approval unless the use is inaugurated in
accordance to the Zoning Ordinance and the permit conditions. In order to extend the
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time of a discretionary permit, an application for a time extension needs to be filed at
least 90 days prior to the date of expiration.
Staff Recommendation: Add clarifying language for a discretionary
permit to expire one year after discontinuance of use unless
otherwise stated in the Zoning Ordinance or conditions of approval.
ENVIRONMENTAL DETERMINATION
The Community Development 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. No further environmental documentation is required.
NOTICING
The notice of the public hearing was published in the Ventura County Star in a 1/8 page
ad on August 5, 2018.
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the public hearing.
2. Introduce Ordinance No. ____, approving Zoning Ordinance Amendment No.
2018-02, for first reading, waive full reading, and place this ordinance on the
agenda for September 5, 2018, for purposes of providing second reading and
adoption of the ordinance.
ATTACHMENTS:
1. Arterial Roads in Residential Neighborhoods
2. Ordinance No. ____
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CC ATTACHMENT 131
ORDINANCE NO. _____
AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA,
APPROVING ZONING ORDINANCE AMENDMENT NO. 2018-02, AN
AMENDMENT TO CHAPTERS 17.08 (DEFINITIONS), 17.20 (USES BY
ZONE), 17.24 (DEVELOPMENT REQUIREMENTS), 17.28 (STANDARDS
FOR SPECIFIC USES), AND 17.44 (APPLICATION REVIEW
PROCEDURES) OF TITLE 17 (ZONING) OF THE MOORPARK
MUNICIPAL CODE TO ADDRESS ACCESSORY DWELLING UNITS,
MARIJUANA-RELATED USES, STANDARDS FOR RESIDENTIAL ROOF
REPLACEMENTS ADJACENT TO ARTERIAL ROADS, ALLOWED USES
ON LAND DEVELOPED WITH OVERHEAD ELECTRICAL UTILITIES,
OUTDOOR STORAGE IN AN INDUSTRIAL PARK ZONE, AND PERMIT
APPROVAL EXPIRATION, TIME EXTENSIONS AND
DISCONTINUANCE OF USE AND DETERMINING THAT THIS ACTION
IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, On February 7, 2018, the City Council adopted Resolution No. 2018-
3674, directing the Planning Commission to study, hold a public hearing, and provide a
recommendation on a Zoning Ordinance Amendment to address accessory dwelling
units, marijuana-related uses, standards for residential roof replacements adjacent to
arterial roads, allowed uses on land developed with overhead electrical utilities, outdoor
storage in an industrial park zone, and permit approval expiration, time extensions and
discontinuance of use: and
WHEREAS, at duly noticed public hearing on July 24, 2018, the Planning
Commission considered Zoning Ordinance Amendment No. 2018-02, an amendment to
Chapters 17.08 (Definitions), 17.20 (Uses by Zone), 17.24 (Development
Requirements), 17.28 (Standards for Specific Uses), and 17.44 (Application Review
Procedures) of Title 17 (Zoning) of the Moorpark Municipal Code to address accessory
dwelling units, marijuana-related uses, standards for residential roof replacements
adjacent to arterial roads, allowed uses on land developed with overhead electrical
utilities, outdoor storage in an industrial park zone, and permit approval expiration, time
extensions and discontinuance of use; and
WHEREAS, at its meeting of July 24, 2018, 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 after discussion, adopted Resolution No. PC-
2018-628, recommending approval of Zoning Ordinance Amendment No. 2018-02; and
WHEREAS, at a duly noticed public hearing on August 15, 2018, the City Council
considered Zoning Ordinance Amendment No. 2018-02, 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
CC ATTACHMENT 2
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Ordinance No.
Page 2
WHEREAS, the Community Development Director determined that this project is
statutorily exempt from the provisions of the California Environmental Quality Act
pursuant to Section 15061 of the 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.
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
is statutorily exempt from the provisions of the California Environmental Quality Act
pursuant to Section 15061 of the 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. No
further environmental documentation is required.
SECTION 2. The City Council hereby approves Zoning Ordinance
Amendment No. 2018-02, which amends Chapters 17.08 (Definitions), 17.20 (Uses by
Zone), 17.24 (Development Requirements), 17.28 (Standards for Specific Uses), and
17.44 (Application Review Procedures) of Title 17 (Zoning) of the Moorpark Municipal
Code to address accessory dwelling units, marijuana-related uses, standards for
residential roof replacements adjacent to arterial roads, allowed uses on land developed
with overhead electrical utilities, outdoor storage in an industrial park zone, and permit
approval expiration, time extensions and discontinuance of use, as shown in Exhibit A
attached.
SECTION 3. 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 4. This ordinance shall become effective thirty (30) days after its
passage and adoption.
SECTION 5. 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 written record of the passage and adoption thereof in the minutes 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.
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Ordinance No.
Page 3
SECTION 6. The City Clerk shall submit a copy of the ordinance to the
Department of Housing and Community Development within 60 days after adoption for
review and comment.
PASSED, AND ADOPTED this 5th day of September, 2018.
Janice S. Parvin, Mayor
ATTEST:
_________________________________
Maureen Benson, City Clerk
Exhibit A – Zoning Ordinance Amendment No. 2018-02
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Ordinance No.
Page 4
EXHIBIT A
ZONING ORDINANCE AMENDMENT NO. 2018-02
AMENDMENT TO CHAPTERS 17.08 (DEFINITIONS), 17.20
(USES BY ZONE), 17.24 (DEVELOPMENT REQUIREMENTS),
17.28 (STANDARDS FOR SPECIFIC USES), AND 17.44
(APPLICATION REVIEW PROCEDURES) OF TITLE 17 (ZONING)
OF THE MOORPARK MUNICIPAL CODE
Section 17.08.010 (Application of definitions) of Chapter 17.08 (Definitions) of Title 17
(Zoning) is amended by adding new definitions as follows:
17.08 DEFINITIONS
17.08.010 Application of definitions.
“Cannabis” means all parts of the plant Cannabis sativa Linaeus, Cannabis indica, or
Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude
or purified, extracted from any part of the plant; and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant, its seeds or resin. “Cannabis” also
means the separated resin, whether crude or purified, obtained from cannabis. It does
not include either of the following:
(a) Industrial hemp, or
(b) The mature stalks of the plant, fiber produced from the stalks, oil or cake
made from the seeds of the plant, any other compound, manufacture, salt, derivative,
mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber,
oil, or cake, or the sterilized seed of the plant which is incapable of germination.
“Commercial cannabis activity” includes the cultivation, possession, manufacture,
distribution, processing, storing, laboratory testing, packaging, labeling, transportation,
delivery or sale of cannabis and cannabis products, and includes the activities of any
business licensed by the State under Division 10 of the Business and Professions
Code.
“Industrial hemp” means a fiber or oilseed crop, or both, that is limited to types of the
plant Cannabis sativa L. having no more than three-tenths of 1 percent
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Ordinance No.
Page 5
tetrahydrocannabinol (THC) contained in the dried flowering tops, whether growing or
not; the seeds of the plant; the resin extracted from any part of the plant; and every
compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds
or resin produced therefrom.
Nos. 7 and 9 in Section A. Agricultural Uses (minimum lot size of 5 acres required) and
Nos. 16 and 17 in Section D. Accessory and Miscellaneous Uses of Table 17.20.050 in
Section 17.20.050 (Permitted Uses in Open Space, Agricultural, Residential, and
Special Purpose Zones) are amended as follows:
17.20 USES BY ZONE
17.20.050 Permitted uses in open space, agricultural, residential and special
purpose zones.
Table 17.20.050
PERMITTED USES IN OPEN SPACE, AGRICULTURAL,
RESIDENTIAL, AND SPECIAL PURPOSE ZONES
[Blank] = Not permitted
AP = Administrative Permit
CUP = Conditional Use Permit
NZC = No Zoning Clearance required
TUP = Temporary Use Permit
ZC = Permitted by Zoning Clearance
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Ordinance No.
Page 6
Zones O-S A-E R-A R-E R-O R-1 R-2 RPD
RPD
20U-N-D TPD
A. Agricultural Uses
(minimum lot size of
5 acres required)
7. Wholesale
nurseries, tree farms
and ornamental
plant farms including
container plants.
Retail sales shall be
limited to the
requirements of
Chapter 17.28
*Only allowed in
these zones when
within overhead
electrical utility
corridors.
AP AP AP AP AP* AP*
9. Commercial
cultivation of
marijuana or
medical marijuana
cannabis activity
except as provided
in Table 17.20.050
(D) (16) and (17)
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Ordinance No.
Page 7
Zones O-S A-E R-A R-E R-O R-1 R-2 RPD
RPD
20U-N-D TPD
D. Accessory and
Miscellaneous Uses
16. Delivery of
marijuana or
medical marijuana
adult use or
medicinal cannabis,
including, but not
limited to, deliveries
from mobile
marijuana
dispensaries and
mobile medical
marijuana
dispensaries, except
for deliveries of
medicinal cannabis
from a patient’s
primary caregiver to
a qualified patient,
as those terms are
defined in state law,
and transporting
cannabis through
the jurisdictional
limits of the city for
delivery to a person
located outside the
city, where such
transport does not
involve delivery
within the
jurisdictional limits of
the city.
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Ordinance No.
Page 8
17. Indoor personal
cultivation of
marijuana or
medical marijuana
cannabis of up to six
(6) plants per private
residence when
consistent with
Health and Safety
Code Section
11362.2 for
marijuana or Health
and Safety Code
Section 11362.77
for medical
marijuana (Outdoor
personal cultivation
of marijuana or
medical marijuana
cannabis is
prohibited).
NZC NZC NZC NZC NZC NZC NZC NZC NZC NZC
No. 10 in Section A. Retail and Service Uses and No. 4 in Section D. Manufacturing,
Assembly, Distribution, and Warehousing Uses of Table 17.20.060 in Section 17.20.060
(Permitted Uses in Commercial and Industrial Zones) are amended as follows:
17.20 USES BY ZONE
17.20.050 Permitted uses in open space, agricultural, residential and special
purpose zones.
Table 17.20.050
PERMITTED USES IN COMMERCIAL AND INDUSTRIAL ZONES
[Blank] = Not permitted
AP = Administrative Permit
CUP = Conditional Use Permit
NZC = No Zoning Clearance required
TUP = Temporary Use Permit
ZC = Permitted by Zoning Clearance
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Ordinance No.
Page 9
Zones C-O C-1
CPD
C-2
C-
OT M-1 M-2 I
A. Retail and Service Uses
10. Marijuana (cannabis and all parts of that
plant) dispensaries and medical marijuana
(cannabis and all parts of that plant)
dispensaries including any site, facility,
location, mobile dispensary, use,
cooperative or business which distributes,
sells, exchanges, processes, stores,
delivers, gives away, or cultivates
marijuana, including marijuana for medical
purposes to qualified patients, health care
providers, patients’ primary caregivers, or
physicians pursuant to Proposition 215,
Health and Safety Code Section 11362.5 et
seq., or any state regulations adopted in
furtherance thereof Commercial cannabis
activity
D. Manufacturing, Assembly, Distribution,
and Warehousing Uses
5. Outdoor storage when in conjunction with
a city approved use and when all storage is
screened by an eight (8) foot high masonry
wall architecturally matched to the structure
(*if within one hundred [100] feet of a
residentially zoned property a conditional
use permit is required).
CUP AP* AP*
No. 4 is added to Section C. (Miscellaneous.) of Section 17.24.025 (Open space,
agriculture, and residential property development standards – Additional requirements.)
of Chapter 17.24 (Development Requirements) of Title 17 (Zoning) as follows:
17.24 DEVELOPMENT REQUIREMENTS
17.24.025 Open Space, agriculture, and residential property development
standards – Additional requirements.
C. Miscellaneous
4. Residential Roof Replacement. Existing concrete or clay tile roofs on homes
Located on properties abutting arterial roads as shown in the circulation element of the
general plan may only be replaced with roofing of a color and material compatible with
neighborhood as determined by community development director.
Subsections a. b. and h. and l.(i) of No. 1.(Standards and Requirements) of Section G.
(Accessory Dwelling Unit.) of Section 17.28.020 (Standards related to dwellings.) of
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Ordinance No.
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Chapter 17.28 (Standards for Specific Uses) of Title 17 (Zoning) are amended as
follows:
17.28 STANDARDS FOR SPECIFIC USES
17.28.020 Standards related to dwellings.
G. Accessory Dwelling Unit.
1. Standards and Requirements. An accessory dwelling unit (ADU) as defined in
Section 17.08.010 of this title, requires approval of a zoning clearance, and compliance
with all of the following standards and requirements:
a. An ADU is only permitted on a residentially zoned lot that has one (1) existing single-
family dwelling, and the lot conforms to the minimum lot width, depth and size of the
zone in which it is located. Construction of the single-family dwelling and ADU may
occur concurrently, but the single-family dwelling must be completed before the ADU
may be occupied.
b. The existing single-family dwelling must be owner-occupied at the time of application
for a zoning clearance and building permit for the construction of an ADU. Once the
ADU is constructed, the property owner must occupy either the primary residence or the
ADU. A covenant shall be recorded in the county clerk’s office declaring that the
property owner must occupy either the primary residence or the ADU.
h. The minimum front yard setback and street side yard setback for an ADU is the same
as the underlying zone or the requirements of an approved residential planned
development (RPD) permit, whichever is applicable to the lot. The minimum interior side
yard setback and rear yard setback for an ADU is five (5) feet. An ADU that is
constructed above an existing garage must have a minimum setback of five (5) feet
from the side and rear lot lines. No minimum zoning setback is required for an existing
garage that is converted to an ADU or a portion of an ADU, but it must comply with all
applicable building and fire codes. A minimum of four hundred (400) square feet of
landscaped area (including uncovered patios but not including areas within required
setbacks) must be maintained in the rear yard.
l. The following parking standards shall apply:
(i). One (1) parking space is required for each bedroom in the ADU, with a minimum of
one (1) space for the ADU if it has no bedroom. This required parking is in addition to
the required parking for the existing single-family dwelling on the same lot.
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Page 11
Section G. is added to Section 17.44.080 (Decisions) of Chapter 17.44 (Application
Review Procedures) of Title 17 (Zoning) as follows:
17.44 APPLICATION REVIEW PROCEDURES
17.44.080 Decisions.
G. Expiration upon Discontinuance of Use. Any discretionary permit or exception
included in Section 17.44.040 granted for a use which has been discontinued, shall
expire one (1) year after discontinuance of such use unless otherwise specified in this
title or conditions of approval.
-END-
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