RESOLUTION NO. PC 2024-03
A RESOLUTION RECOMMENDING APPROVAL TO THE
CITY COUNCIL OF AN ORDINANCE AMENDING CERTAIN
SECTIONS OF TITLE 19 AND REPEALING CHAPTER 19.67
OF TITLE 19 OF THE CAMARILLO MUNICIPAL CODE TO
ELIMINATE THE PLAN REVIEW PROCEDURE.
The Planning Commission of the City of Camarillo resolves as follows:
SECTION 1: GENERAL FINDINGS. The Planning Commission resolves as follows:
The Planning Commission is authorized by Chapter 19.72 of the Camarillo Municipal Code ("CMC") to review and make recommendations on any proposed zoning related ordinance that seeks to amend Title 19 of the CMC.
The City wishes to ensure procedural consistency between residential zoning designations, while reducing burdens on applicants/homeowners, by repealing the Plan Review Procedure described by Chapter 19.67 of the CMC, which is currently only actively utilized in the Rural Exclusive ('R-E") zoning designation as established by Chapter 19.12 of the CMC; and
C. The City wishes to eliminate several historic, obsolete references to the Plan Review Procedure established by Chapter 19.67 found throughout the CMC, specifically those in Chapter 19.14, 19.16, and 19.30 of the CMC; and D. The City wishes to replace the Chapter 19.67 Plan Review procedure in the R- E zoning designation, Chapter 19.12 of the CMC, with an administrative review process similar to those used in other zoning designations; and On February 22, 2024 Community Development staff presented a proposed Zoning Ordinance Amendment ("ZOA") to the Economic Development and Land Use Committee ("EDLUC"); and
F. The City reviewed this ZOA pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., "CEQA") and the regulations promulgated thereunder (14 Cal. Code of Regulations §§15000, et seq., the "CEQA Guidelines"). CEQA and the CEQA Guidelines are collectively referred to as "CEQA Regulations"; and Notices of Public Hearing before the Planning Commission was duly given and published in the time, form, and manner as required by law; and H. On March 19, 2024, the Planning Commission considered this Resolution. Its findings are made based on the entire administrative record including testimony and evidence presented to the Planning Commission on March 19, 2024, including, without limitation, the staff report and ordinance submitted by the Director of Community Development.
SECTION 2: GENERAL PLAN FINDINGS. Considering all of its aspects, the proposed amendments to the CMC will further the goals, objectives, and policies of the Resolution No. 2024-03 ZOA to the CMC Chapter 19.67 - Plan Review Process March 19, 2024 Page 1 of 3
General Plan and will not obstruct their attainment. The amendments are relatively minor in nature and are intended to achieve consistency in administrative procedures throughout the CMC. Therefore, the amendment will not frustrate any goal or policy set forth in the General Plan.
SECTION 3: ENVIRONMENTAL FINDINGS. The City reviewed the environmental impacts of the Project under the California Environmental Quality Act (Public Resources Code $$ 21000 "CEQA") and the regulations promulgated thereafter (14 Cal. Code of Regulations §$15000, et seq., the "CEQA Guidelines"). The ordinance is proposing procedural adjustments to CMC that have no potential to result in physical changes to the environment.
Therefore, the proposed ordinance amendment is exempt from CEQA pursuant to §s 15060(c)(2), 15060(c)(3), 15061(b)(3) of the CEQA Guidelines. Specifically, the proposed ordinance will not result in a direct or reasonably foreseeable indirect physical change on the environment (CEQA Guidelines § 15060(c)(2)); the proposed ordinance does not meet the definition of a "Project" as established by CEQA Guidelines § 15378, as the ordinance is considered "general policy and procedure making" as defined by CEQA Guidelines § 15378(b)(2) (CEQA Guidelines § 15060(c)(3)); and the proposed ordinance is covered by the general exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment (CEQA Guidelines § 15061(b)(3)).
SECTION 4: RECOMMENDATION OF APPROVAL. Based on the above findings, and after receiving evidence and testimony at a public hearing, the Planning Commission recommends approval of the proposed Ordinance, attached as Exhibit A, to the City Council.
SECTION 5. CONSTRUCTION. This Resolution must be broadly construed in order to achieve the purposes stated in this Resolution. It is the Planning Commission's intent that the provisions of this Resolution be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Resolution.
SECTION 6. LIMITATIONS. The Planning Commission's analysis and evaluation of this matter is based on the best information currently available. It is inevitable that in evaluating the matter that absolute and perfect knowledge of all possible aspects of the matter will not exist. One of the major limitations on analysis of the matter is the Planning Commission's lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are the limitations on the City's ability to solve what are in effect regional, state, and national problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework.
SECTION 7. SEVERABILITY. If any part of this Resolution or its application is deemed invalid by a court of competent jurisdiction, the Planning Commission intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Resolution are severable.
SECTION 8: ELECTRONIC SIGNATURES. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
Resolution No. 2024-03 ZOA to the CMC Chapter 19.67 - Plan Review Process March 19, 2024 Page 2 of 3
ECTION 9: OFFICE OF RECORD. The record of proceedings upon which thi ecision is based is located in the Community Development Department, which is the offic of record for the same.
attest thereto.
PASSED, APPROVED, AND ADOPTED on March 19, 2024, by the Planning Commission with the following vote:
AYES: Chair Edsall, Vice-Chair Limon, Commissioner Vandermeulen, Murphy, and Davidson
NOES:
ABSENT:
ABSTAIN:
Chair
Secretary
Resolution No. 2024-03 ZOA to the CMC Chapter 19.67 - Plan Review Process March 19, 2024 Page 3 of 3
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAMARILLO, CALIFORNIA, AMENDING CERTAIN
SECTIONS OF TITLE 19 AND REPEALING CHAPTER 19.67
OF TITLE 19 OF THE CAMARILLO MUNICIPAL CODE TO
ELIMINATE THE PLAN REVIEW PROCEDURE.
The City Council of the City of Camarillo ordains as follows:
SECTION 1. GENERAL FINDINGS. The City Council finds as follows:
A. Title 19 of the Camarillo Municipal Code ("CMC") consolidates and coordinates all giate, regulate, gulaints the location an use on cogs engie oing and tor residence, commerce, trade, industry, or other purposes.
Title 19 of CMC also establishes processes and procedures pertaining to the administration of all existing zoning regulations, inclusive of the responsibilities of the Director of Community Development, Planning Commission, and City Council, as well as the rights and responsibilities of applicants and the general public.
C. The purpose of this Zoning Ordinance Amendment ("ZOA") is to establish procedural consistency between the Rural Exclusive Residential ("R-E") zone and other residential zones in the City, while reducing burdens on applicants and homeowners.
D. The ZOA repeals the Plan Review Procedure described by Chapter 19.67 of the CMC, which is currently only actively utilized in the R-E zoning designation as established by Chapter 19.12 of the CMC; and
E. Eliminates several historic, obsolete references to the Plan Review Procedure established by Chapter 19.67 found throughout the CMC, specifically those in Chapter 19.14,
19.16, and 19.30 of the CMC; and
F. Replaces the Chapter 19.67 Plan Review procedure in the R-E zoning designation, Chapter 19.12 of the CMC, with an administrative review process similar to those used in other zoning designations.
On February 22, 2024, the Economic Development and Land Use Committee ("EDLUC") received a staff report and presentation on the ZOA, and after receipt and review of these items supported the changes to CMC included in the ZOA.
On March 19, 2024, the Planning Commission conducted a duly noticed public hearing to consider the ZOA and voted to recommend to the City Council that they adopt the proposed ordinance.
A notice of Public Hearing before the City Council was duly given and published in the time, form, and manner as required by law; and
J. On _ 2024, the City Council considered this Ordinance. Its findings are made based on the entire administrative record, including testimony and evidence presented to the Planning Commission on March 19, 2024, and to the City Council at its , 2024 public hearing, including, without limitation, the staff report and ordinance submitted by the Director of Community Development.
SECTION 2. GENERAL PLAN FINDINGS. Considering all of its aspects, the proposed amendments to the CMC will further the goals, objectives, and policies of the General Plan and will not obstruct their attainment. The amendments are relatively minor in nature and are intended to achieve consistency in administrative procedures throughout the CMC. Therefore, the amendment will not frustrate any goal or policy set forth in the General Plan.
SECTION 3. ENVIRONMENTAL FINDINGS. The City reviewed the environmental impacts of the Project under the California Environmental Quality Act (Public Resources Code §§ 21000 "CEQA") and the regulations promulgated thereafter (14 Cal. Code of Regulations §§15000, et seq., the "CEQA Guidelines"). The ordinance is proposing procedural adjustments to CMC that have no potential to result in physical changes to the environment.
Therefore, the proposed ordinance amendment is exempt from CEQA pursuant to §s 15060(c)(2), 15060(c)(3), 15061(b)(3) of the CEQA Guidelines. Specifically, the proposed ordinance will not result in a direct or reasonably foreseeable indirect physical change on the environment (CEQA Guidelines § 15060(c)(2)); the proposed ordinance does not meet the definition of a "Project" as established by CEQA Guidelines § 15378, as the ordinance is considered "general policy and procedure making" as defined by CEQA Guidelines § 15378(b)(2) (CEQA Guidelines § 15060(c)(3)); and the proposed ordinance is covered by the general exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment (CEQA Guidelines § 15061 (b)(3)).
SECTION 4. AMENDMENT AND RESTATEMENT. As set forth in Exhibit A, the affected code sections of the CMC are amended and restated.
SECTION 5. RENUMBERING. All sections of the CMC affected by the changes implemented by this Ordinance are renumbered as appropriate.
SECTION 6. CONSTRUCTION. This Ordinance must be broadly construed to achieve the purposes stated in this Ordinance. It is the City Council's intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.
SECTION 7. ENFORCEABILITY. Repeal of any provision of the CMC does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.
SECTION 8. VALIDITY OF PREVIOUS CODE SECTIONS. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the CMC or other city ordinance by this Ordinance will be rendered void and cause such previous CMC provision or other the city ordinance to remain in full force and effect for all purposes.
SECTION 9. LIMITATIONS. The City Council's analysis and evaluation of the project is based on the best information currently available. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the City Council's lack of knowledge of future events. In all instances, best efforts have been made to form accurate assumptions. Somewhat related to this are limitations on the City's ability to solve what are in effect regional, state, and National problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework.
SECTION 10. SEVERABILITY. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable.
SECTION 11. RECORDING. The City Clerk, or her duly appointed deputy, is directed to certify the passage and adoption of this Ordinance; and cause it to be published or posted in accordance with California law.
SECTION 12: ELECTRONIC SIGNATURES. This Ordinance may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 13: EXECUTION. The Mayor, or presiding officer, is hereby authorized to affix his signature to this Ordinance signifying its adoption by the City Council of the City of Camarillo, and the City Clerk, or duly appointed deputy, is directed to attest thereto.
SECTION 14: EFFECTIVE DATE. This Ordinance becomes effective on the 30th day following its passage and adoption.
PASSED, APPROVED, AND ADOPTED month day, year.
Mayor
Attested to on
City Clerk
1, Kristy Bukemper, City Clerk of the City of Camarillo, certify Ordinance No. _ was introduced by the City Council at a meeting held _, and subsequently passed and adopted by the City Council at a regular meeting held _ by the following vote:
YES: Councilmembers:
NO: Councilmembers:
ABSENT: Councilmembers:
City Clerk
EXHIBIT A
AMENDED CAMARILLO MUNICIPAL CODE
Title 19 Zoning, Chapter 19.12 R-E RURAL EXCLUSIVE RESIDENTIAL ZONE, Section 40 of the Camarillo Municipal Code is hereby amended and Sections 35 and 180 of the Camarillo Municipal Code are hereby repealed as follows:
19.12.040 Property development and performance standards.
A. The development standards set forth in Sections 19.12.050 through 19.12.160 applies to all developments within the R-E zone and no building or structure may be erected which does not provide these standards. A zoning clearance shall be required for the construction of any building or structure, or the reconstruction and/or modification of any building or structure, on any lot in the R-E zone. The proposed colors, textures, materials and architectural design of each proposed building or structure must be internally compatible, and compatible with uses surrounding and adjacent to the subject property. A submittal for a zoning clearance shall consist of, at a minimum, a completed application form and a site plan. Floor plans and building elevations shall be required if the application proposes the construction, reconstruction, or modification of any building or structure. Additional plans and/or exhibits may be required to be submitted with the application at the discretion of the director of community development or their designated representative.
B. The review of a zoning clearance shall be handled administratively by the director of community development, and or their designated representative. No public hearing is required.
Title 19 Zoning, Chapter 19.14 R-1. SINGLE FAMILY RESIDENTIAL ZONE, Sections 20, 40, and 160 of Camarillo Municipal Code are hereby amended as follows:
19.14.020 Uses permitted.
The following uses are permitted in single-family residential zones:
A. Agricultural uses permitted subject to conditions and limitations; land within the R-1 zone may be used for growing agricultural crops and accessory structures, but no poultry or animals may be raised or kept on said lot or parcel except as are otherwise permitted by this chapter;
B. One-family dwelling of a permanent character placed on a permanent foundation, including employee housing accommodations for six or fewer employees;
C. Mobile homes certified under the National Mobile Home Construction and Safety Standards Act of 1974, installed on an approved foundation; D. Accessory buildings and structures auxiliary to the principal permitted uses; E. The keeping of household pets and domestic animals for personal purpose, subject to the following:
1. Not more than four dogs and four cats over the age of four months. Nothing herein authorizes the breeding of dogs and cats for commercial purposes.
For purposes of this section, more than one litter per year per household constitutes "commercial purposes,"
2. Pigeons and small birds: provided that the total number of pigeons may not exceed five for each fifteen hundred square feet of lot area, or ten small birds for each fifteen hundred square feet of lot area,
3. Medium birds: provided that the total number may not exceed five for each fifteen hundred square feet of lot area with a maximum of twenty per parcel,
4. Large birds: provided that the total number may not exceed four for each parcel; no peafowl are permitted,
5. That the number of birds authorized in Section 19.14.020(E)(2), (3) and (4) combined may not exceed the number authorized in Section
19.14.020(E)(2);
F. The keeping of the following farm animals only for personal purposes: not more than five poultry and four adult rabbits over the age of four months on any lot.
Nothing herein authorizes the keeping of animals for commercial purposes. No roosters, geese, or ducks may be housed, kept, or maintained in the R-1 zone; G. Youth Animal Project. A youth animal project may be allowed when a special event permit is obtained in accordance with the provisions of Chapter 19.63. In addition to the requirements contained in Chapter 19.63, the director must find as a condition of approval that the adjoining property owner(s) and the leader(s) of the recognized youth organization (e.g., 4-H, Future Farmers of America) do not object to the project and that it will not be detrimental to the public health, safety or welfare. Duration of the youth animal project may not exceed six months and not more than one youth animal project per year per parcel. The director may impose conditions on the special event permit to assure compliance with the intent and purpose of Title 19 of this code;
H. Keeping of Wild Birds. Wild birds may be allowed when a special event permit is obtained in accordance with the provisions of Chapter 19.63. In addition to the requirements contained in Chapter 19.63, the director must find that all other local, state, and federal requirements have been met and that adjoining property owner(s) do not object to keeping the wild bird(s) and that it will not be detrimental to the public health, safety, or welfare. The director may impose conditions on the special event permit to assure compliance with the intent and purpose of Title 19 of this code;
1. Day care, small family and large family;
J. Home occupations as set forth in Chapter 19.65;
K. Lath or greenhouses, private, and horticultural collections for noncommercial purposes;
Public parks, playgrounds and community centers owned by any governmental agency;
M. Uses customarily accessory or incidental to any of the permitted uses including hobby activities of a noncommercial nature;
N. Rented rooms in any one-family dwelling for occupancy of not more than two persons in addition to members of the family occupying such dwellings; O. Temporary subdivision office; a temporary real estate sales office for the limited purpose of conducting sale of lots in the subdivision tract; such use will be subject to approval by the director and any conditions deemed necessary to insure compatibility with the area in which it is proposed to be placed; P. In any building project, during construction and sixty days thereafter, property in the project may be used for the storage of materials used in the construction of the individual buildings in the project and for the contractor's temporary office; Q. Special events as set forth in Chapter 19.63;
R. Second dwelling units in accordance with Section 19.14.135; S. Cottage food operations as set forth in Chapter 19.74; T. Urban dwelling units as set forth in Section 19.14.170.
U. Urban lot splits as set forth in Section 19.14.180.
19.14.040 Property development and performance standards.
The property development and performance standards set forth in Sections
19.14.050 through 19.14.150 shall apply to all lots and premises in the R-1 zone. Zoning clearance approval shall be required for original installation and any modifications and shall include review and consideration of general siting, roofing materials, exterior siding, and roof overhang, to ensure consistency and compatibility with existing units within the area and the unit or units proposed and assure compliance with applicable standards.
The review of applications shall be handled administratively by the director of planning and community development or his designated representative, or may be referred to the planning commission for approval if a question of compatibility exists which cannot be resolve.
19.14.160 Reserved
Title 19 Zoning, Chapter 19.16 RPD RESIDENTIAL PLANNED DEVELOPMENT ZONE, Section 340 of the Camarillo Municipal Code is hereby amended as follows:
19.16.340 Reserve
Title 19 Zoning, Chapter 19.30 M-1 LIGHT MANUFACTURING ZONE, Section 242 of the Camarillo Municipal Code is hereby amended as follows:
19.30.242 Planned development permit-Planning commission consideration of proposal.
In considering the approval, denial or modification of an application for a planned development permit, the planning commission shall consider the proposed recommendation of the staff and the following guidelines:
A. That the degree of compatibility of property uses for which this chapter is intended to promote and preserve shall be maintained with respect to the particular use on the particular site and consideration of existing and potential uses of property within the zone and the general area in which the use is proposed to be located;
B. That performance standards and conditions shall be imposed upon uses which without such condition might become obnoxious, dangerous, offensive or injurious to the public health, safety, or welfare or a portion thereof by reason of the emission of noise, smoke, dust, fumes, vibration, odor or other harmful or annoying substances;
C. That there shall be maintained the integrity and character of the neighborhood in which the use will be located and the utility and value of property in the neighborhood and in the adjacent zones;
D. That the use shall be compatible with public interest, health, safety, convenience and general welfare;
E. That the review will take into consideration the General Plan and the various elements, including but not limited to land use, circulation, scenic highways, public safety, community design, open space, and housing.
Title 19 Zoning, Chapter 19.67 PLAN REVIEW, of the Camarillo Municipal Code is hereby repealed.