HomeMy WebLinkAboutRES 1993 283 0914RESOLUTION NO. PC -•93 -283
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, RECOMMENDING
THAT THE CITY COUNCIL AMEND ORDINANCE NO. 137,
THE MOORPARK ZONING ORDINANCE, BY REVISING
SECTIONS 8102 -0 AND 8107 -1.7 RELATIVE TO
SECOND DWELLINGS
WHEREAS, on May 19, 1993, the City Council adopted Resolution
No. 93 -945 directing the Planning Commission to study, set a public
hearing and provide a recommendation to the City Council pertaining
to Section 8107 -1.7 of the Zoning Ordinance; and
WHEREAS, on June 16, 1993, the City Council adopted Interim
Ordinance No. 174 imposing a moratorium on second dwelling units in
the R -A (Rural Agricultural), R -E (Rural Exclusive), R -O (Single
Family Estate) , R -1 (Single - Family Residential), R -2 (Two- Family
Residential), RPD (Residential Planned Development), PC (Planned
Community) , and SP (Specific Plan) Zones on properties of less than
one acre; and
WHEREAS, Interim Ordinance No. 174 will expire on December 18,
1993; and
WHEREAS, modification of the Zoning Ordinance provisions
related to second dwellings is considered necessary to protect the
public health, safety, and welfare of the City and its citizens;
and
WHEREAS, the City is currently experiencing overcrowding
related problems in single - family residential areas that
predominantly contain lots less than one -half acre in size; and
WHEREAS, overcrowding problems include inadequate parking,
diminished property values, noise, and loss of the character of
single - family neighborhoods; and
WHEREAS, at a duly noticed public hearing on September 7,
1993, the Planning Commission considered the proposed amendment to
Section 8107 -1.7 of the Zoning Ordinance (No. 137) and reached its
decision to recommend approval of the proposed Zoning ordinance
amendment; and
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. The proposed Zoning Ordinance amendment is exempt
from the California Environmental Quality Act based on Section
15305 of the State California Environmental Quality Act Guidelines.
Resolution No. PC -93 -283
Page 2
SECTION 2. The Planning Commission recommends that the City
Council adopt the attached draft ordinance which would amend
Ordinance No. 137, the Moorpark Zoning Ordinance, by revising
sections 8102 -0 and 8107 -1.7 relative to second dwellings.
The action with the foregoing direction was approved by the
following roll call vote:
AYES: Commissioner May, Torres, Brodsky, Miller and Wesner.
NOES:
ABSENT:
PASSED, APPROVED, AND ADOPTED THIS 14th DAY OF SEPTEMBER,
1993.
ATTEST:
Celia La Fleur, Secretary to
the Planning Commission
Attachment: Draft Ordinance
2
DRAFT
ORDINANCE NO.,
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA, AMENDING ORDINANCE
NO. 137, THE MOORPARK ZONING ORDINANCE, BY
REVISING SECTIONS 8102 -0 AND 8107 -1.7 RELATIVE
TO SECOND DWELLINGS
WHEREAS, on May 19, 1993, the City Council adopted Interim
Ordinance No. 168 imposing a moratorium on second dwelling units in
the R -A (Rural Agricultural), R -E (Rural Exclusive), R -0 (Single
Family Estate), R -1 (Single - Family Residential), R -2 (Two - Family
Residential), R -P -D (Residential Planned Development), PC (Planned
Community), and SP (Specific Plan) Zones; and
WHEREAS, on June 2, 1993, the City Council adopted Interim
Ordinance No. 172 imposing a moratorium on second dwelling units in
the R -A, R -E, R -O, R -1, R -2, R -P -D, PC, and SP Zones on properties
of less than one acre; and
WHEREAS, on June 16, 1993, the City Council adopted Interim
Ordinance No. 174 imposing a moratorium on second dwelling units in
the R -A, R -E, R -01 R -1, R -2, R -P -D, PC, and SP Zones on properties
of less than one acre; and
WHEREAS, Interim Ordinances Nos.. 168 and 172 are no longer in
effect and Ordinance No. 174 will expire on December 18, 1993; and
WHEREAS, modification of the Zoning Ordinance provisions
related to second dwellings is considered necessary to protect the
public health, safety, and welfare of the City and its citizens;
and
WHEREAS, the City is currently experiencing overcrowding
related problems in single - family residential areas that
predominantly contain lots less than one -half acre in size; and
WHEREAS, overcrowding problems include inadequate parking,
diminished property values, noise, and loss of the character of
single - family neighborhoods; and
WHEREAS, at a duly noticed public hearing on September 7,
1993, the Planning Commission considered the proposed amendment to
Section 8107 -1.7 of the Zoning Ordinance (No. 137), reached its
decision, and adopted a resolution recommending City Council
approval of the proposed Zoning Ordinance Amendment; and
WHEREAS, at a duly noticed public hearing on
1993, the City Council considered the proposed Zoning Ordinance
amendment, and reached its decision;
Ordinance No.
Page 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council finds that the proposed Zoning
Ordinance amendment is exempt from the California Environmental
Quality Act based on Section 15305 of the State California
Environmental Quality Act Guidelines.
SECTION 2. The definition of Second Dwelling in Section
8102 -0 of Ordinance No. 137, the Moorpark Zoning Ordinance, is
hereby amended to read as follows:
"Second Dwelling - An attached or a detached residential
dwelling unit which provides complete, independent, living
facilities for one or more persons. It shall include
permanent provisions for living„ sleeping, eating, cooking,
and sanitation on the same parcel as the existing single -
family dwelling is situated."
SECTION 3. Section 8107 -1.7 of Ordinance No. 137, the
Moorpark Zoning Ordinance, is hereby amended in its entirety to
read as follows:
"Sec. 8107 -1.7 - Second Dwelling
Sec. 8107 -1.7.1 - Conditional Use Permit Requirement - A
Planning Commission Conditional Use Permit shall be required
for a second dwelling, consistent with Section 8111 -2.1.
Information required to be submitted with the application is
specified on a list included as a component of the City's
entitlement request application packet. Additional
application information may be required by the Director of
Community Development, consistent with Section 65944 of the
State Government Code, to clarify, amplify, correct, or
otherwise supplement the information required for the
application and to comply with the provisions of Division 13,
commencing with Section 21000 of the Public Resources Code.
Sec. 8107 -1.7.2 - Designated Areas Where Second Dwellings Are
Permitted - A second dwelling shall only be permitted on a
residential lot that is one - hall'' acre or larger in size and
located in a R -E, R -A, R -O, R -P -D, or SP Zone District,
subject to approval of a Conditional Use Permit, as specified
in Section 8107 - 1.7.1, and compliance with the standards
included in Section 8107 - 1.7.3.
Ordinance No.
Page 3
Sec. 8107 -1.7.3 - Standards for Second Dwellings - Approval of
a conditional use permit for a second dwelling shall be based
on compliance with the following :standards:
a. The lot on which a second dwelling is to be
constructed shall contain an existing single - family
dwelling, which is owner occupied at the time of
application for a Conditional Use Permit and
Building Permit for the second dwelling.
b. The maximum size of the second dwelling shall not
exceed 30% of the existing single - family dwelling
floor space, if attached, and shall not exceed 700
square feet of floor space, if detached.
C. No more than one second dwelling is allowed on each
lot.
d. The second dwelling shall not be sold as a separate
unit, but it may be rented.
e. The lot must conform with the lot area, width, and
depth requirements for the underlying zone. A
second dwelling shall not be allowed on a legal
non - conforming lot.
f. Establishment of a second dwelling shall not create
or increase a nonconforming use or structure. A
second dwelling shall not be allowed on a lot which
contains a legal non - conforming use or structure.
g. Minimum yard setbacks from the property lines for
the second dwelling and associated garage structure
shall be the same as is required for the existing
single - family dwelling based on the more
restrictive of either: ]L) the setback requirements
of an approved Residential Planned Development
(RPD) permit (see Section 8109 -2.3), or 2) the
setback requirements of the applicable zone
district (see Article 6, Section 8106 -1.1).
h. Architectural standards of the second dwelling
shall conform to the existing single - family
dwelling through use of the appropriate building
form, height, materials, and color. The roof
material used for the second dwelling shall be
equal to or of higher quality than that used for
the existing single - family dwelling.
t.
Ordinance No.
Page 4
i. The following parking standards shall apply:
(1) One garage parking space is required for an
attached or a detached second dwelling.
(2) The size of each required garage parking space
shall be an unobstructed minimum of 10 feet
wide by 20 feet long.
(3) Access to the garage parking for a second
dwelling shall be: at least ten feet wide and
paved. Driveways serving more than two
dwelling units shall be at least 18 feet wide.
j. The only accessory structures that may be attached
to, or share a common wall with, a detached second
dwelling are a garage or carport.
k. In conjunction with Conditional Use Permit
approval, the Planning Commission may approve the
use of a mobilehome or a manufactured house on a
fixed foundation as a second dwelling, if the
_ design is compatible with the existing single -
family dwelling and the surrounding community, and
all of the mobilehome and manufactured housing
standards of Section 8107 -1.3 are complied with."
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.
4
Ordinance No.
Page 5
SECTION 6. 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, within fifteen (15) days after, the passage and adoption
thereof, cause the same to be published once in the Moorpark News -
Mirror, a weekly newspaper of general circulation, as defined in
Section 6008 of the Government Code, for the City of Moorpark, and
which is hereby designated for that purpose.
PASSED AND ADOPTED this
1993.
ATTEST:
Lillian E. Hare
City Clerk
day of ,
Mayor of the City of Moorpark, California