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HomeMy WebLinkAboutRES 2001 415 1015RESOLUTION NO. PC- 2001 -415 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL OF THE CITY OF MOORPARK CONSIDER ADOPTION OF A ZONING ORDINANCE AMENDMENT (ZOA- 2001 -01) TO AMEND CHAPTERS 17.08, 17.20, 17.24, and 17.28 OF THE MUNICIPAL CODE RELATED TO PARKING AND STORAGE OF RECREATIONAL VEHICLES WITHIN RESIDENTIAL, COMMERCIAL AND INDUSTRIAL ZONES; (APPLICANT: CITY OF MOORPARK.) WHEREAS, at duly noticed public hearings /workshops conducted on September 10, 2001, September 24, 2001, and October 15, 2001, regarding consideration of a proposed Zoning Ordinance Amendment; and WHEREAS, at each of the above referenced meetings, the Planning Commission conducted public hearings /workshops, took testimony from all those wishing to testify, and continued to receive testimony at the October 15, 2001, meeting, at which time the Planning Commission closed the public hearing; and WHEREAS, after review and consideration of the information contained in the staff reports of record, along with testimony received on September 10, September 24, and October 15, 2001, the Planning Commission closed said hearing on October 15, 2001, and made a recommendation to the City Council. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Based upon the project information presented to the Planning Commission, including but not limited to, the staff reports; staff and public testimony; the Planning Commission hereby makes the following findings: CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) FINDINGS: 1. Zoning Ordinance Amendment 2001 -01 has been completed in compliance with CEQA (Division 13 of the Public Resources Code of the State of California) and the City's CEQA Procedures. 2. The Planning Commission concurs that the proposed textual amendment is categorically exempt under Resolution No. PC- 2001 -415 Page 2 Section 15308 of the CEQA Guidelines in that the textual amendment does not induce any additional affects on the environment than the current text would permit. ZONE CODE AMENDMENT FINDINGS: 1. The approval of Zone Ordinance Amendment 2001 -01 will provide clarity, direction and qualitative basis for regulating parking and storage of recreational vehicles. SECTION 2. The Planning Commission hereby recommends that the City Council consider adoption of an ordinance to amend the City Zoning Ordinance by amending Chapters 17.08, 17.20, 17.24 and 17.28 as shown on Exhibit'A attached hereto and incorporated by this reference. THE ACTION WITH THE FOREGOING DIRECTION WAS APPROVED BY THE FOLLOWING ROLL CALL VOTE: AYES: Commissioners DiCecco and Haller, Vice Chair Otto and Chair Parvin NOES: Commissioner Landis ABSENT: ABSTAIN: PASSED, APPROVED, AND ADOPTED THIS 15th DAY OF OCTOBER 2001. J n.i e Parvin, Chairperson ATTEST: Deborah S. Traffen tedt Acting Community Development Director Attachment: Exhibit A. Zoning Ordinance Amendment, Chapters 17.08, 17.20, 17.24 and 17.28 S: \Community Development \Everyone \PC FINAL RESO \po 415 ZOA2001 -01 RV.doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING TITLE 17 ZONING, CHAPTERS 17.08, 17.20, 17.24 AND 17.28 RELATED TO THE PARKING AND STORAGE OF RECREATIONAL VEHICLES, AS DEFINED BY SAID AMENDMENT, WITHIN SPECIFIED RESIDENTIAL, COMMERCIAL AND INDUSTRIAL ZONES WITHIN THE CITY. WHEREAS, the City Council has determined that a need exists to provide adequate standards and regulations concerning the parking and storage of recreational vehicles within the various zones of the City; and WHEREAS, the City Council has determined that standards and regulations affecting recreational vehicle storage are necessary to ensure the public health, safety and welfare within the various neighborhoods; and WHEREAS, the Planning Commission conducted a duly noticed public workshop on recreational vehicle parking and storage at its September 10, 2001 regular meeting; and. WHEREAS, the Planning Commission conducted a duly noticed public hearing on September 24, 2001, and continued said hearing to October 15, 2001, to consider an ordinance regulating recreational vehicle parking and storage and adopted Resolution PC- 2001 - recommending that the City Council consider and adopt an amendment to Title 17 as contained in Exhibit "A" to that resolution; and Whereas, the City Council on 1 2001 conducted a public hearing, took public testimony, closed the hearing, and reached its decision; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK DOES ORDAIN AS FOLLOWS: SECTION 1. Section 17.08.010 is amended by deleting the current definition of recreational vehicles and inserting the following: " Recreational vehicle" shall include but not be limited to, motorhomes, fifth wheel trailers, campers, travel trailers, boats, personal water craft along with their EXHIBIT "A" Ordinance No. Page 2 transport street use and mobile SECTION 2. trailers, and their equipment "Permitted Uses In Zones" is amended herein: off -road vehicles not registered fox transport trailers, utility trailers, trailers. Section 17.20.050, Table 17.20.050 Open Space, Agricultural and Special Purpose by adding the following use as indicated Use OS AE RA RE RO R1 R2 RPD Dwelling, accessory use Recreational Vehicle Storage /Parking' [♦ = Zone Clearance] (Footnote refers to special standards in Chapter 17.28) SECTION 3. Section 17.20.060, Table 17.20.060 "Permitted Uses in Commercial and Industrial Zones" is amended as indicated herein: C2 Use CO Cl CPD M1 M2 I C -OT Warehousing and storage Recreational Vehicles' O O O [O = Planning Commission Conditional Use Permit] (Footnote refers to special standards in Chapter 17.28) Section 4. Section 1.7.24.060 subsection 17.24.060A.4.a and subsection 17.24.060.A.4.b. are amended to read as follows, and subsection 17.24.060.A.4.c is added as follows: 4.a. A recreational vehicle, as defined herein, exceeding a height of six (6) feet, shall not be parked or stored in any authorized location within ten (10) feet of the public right -of -way. b. Except as otherwise provided herein, motor vehicles shall not be parked within any front yard or street setback, except that fully operative, licensed and registered vehicles other than recreational vehicles as defined by this Title, may be parked in a driveway �- access as an accessory use to the dwelling. S: \Community Development \Everyone \PC FINAL RESO \pc 415 Exhibit A.doc Ordinance No. Page 3 c. At no time may more than fifty percent (50 %) of the required front yard setback area be covered by asphalt, concrete, or other hardscape materials used for vehicle parking or as a vehicle driveway. The vehicle parking or driveway area must be connected to a public right -of -way through a city approved curb approach. Expansion of a driveway to accommodate RV storage may be permitted provided such expansion is not within the portion of the lot directly in front of the living area of the home. Section 5. Chapter 17.28 is amended by adding thereto Section 17.28.260 to read as follows: 17.28.260. Recreational Vehicle Parking and Storage A. Recreational vehicles as defined herein shall be permitted as follows: For purposes of this section, storage shall be considered as parking, stopping or lack of movement from a location for any �. period of time in excess of seventy -two (72) hours: 1. Storage may occur only within the zones specified in Table 17.20.050 and Table 17.20.060, subject to the approval of the permits specified for each zone as indicated by said tables. For purposes of this section, storage shall be considered presence at the same location for any period of time in excess of seventy -two (72) hours. 2. Approved parking or storage facilities shall be designed to meet the following minimum standards: a. Open Space, Agricultural. and Residential Zones. 1. Within any interior side yard or rear yard and within any street setback. areas as specified herein. 2. Street setback area parking to be paved with concrete or material the same as existing driveway; all other approved parking areas not part of street setback or visible from the street may be crushed rock, decomposed granite, or turf block. S: \Community Development \Everyone \PC FINAL RESO \pc 415 Exhibit A.doc 1` Ordinance No. Page 4 3. RVs parked or stored in a side or rear yard shall be screened through use of a minimum six feet (61) high solid fence or wall with landscape screening capable of obscuring the visual presence of the vehicle. 4. Access gates shall be constructed of solid materials and shall not encroach upon or block any portion of the public right--of-way, street easement or pedestrian walkways adjacent to the gates when open. 6. No more than one recreational vehicle as defined by this code shall be permitted upon any individual lot of ten thousand square feet (10,000) or less in size containing a single family dwelling unit. Storage shall not be permitted upon any lot containing less than five thousand (5,000) square feet. 7. Lighting of the parking /storage location is prohibited. 8. Temporary or permanent occupancy of any recreational vehicle is prohibited. 9. Storage may occur highways consistent with California Vehicle Code 2001, on public streets and the provisions of the or as amended. 10. The RV may only be stored or parked upon residential property owned by or under the direct control of the resident of that property, but only upon an approved location on the driveway or a parking pad adjacent to the drive subject to the limitation of this section. 11. Recreational vehicles parked within a front setback area may not block access to the required two (2) car garage or covered parking. Where a three (3) car or greater garage or carport exists, parking shall be permitted on the driveway provided that the two (2) car entry driveway is not blocked and at least two (2) covered /enclosed spaces are accessible at all times. The recreational vehicle shall not encroach upon the public right -of -way, any pedestrian. walkways, or any private street easements. S: \Community Development \Everyone \PC FINAL RESO \pc 415 Exhibit A.doc tll�'. Ordinance No. Page 5 12. Recreational vehicles exceeding a height of six feet (61) shall not be parked within a front setback. Recreational vehicles six feet (61) or less in height parked or stored within the front setback shall be covered by a view obscuring cover. b. Commercial or Industrial. Zones 1. Only upon paved parking locations consisting of asphaltic- concrete or concrete. 2. Sites shall be differentiated by pavement markings defining the length and width of the boundaries of each space. 3. Each storage space shall be numbered consecutively and the number reflected upon the pavement centered on each space. 4. A solid masonry wall not less than eight feet f- (81) in height shall enclose each storage facility. 5. A landscaped area not less than fifteen feet (15' ) in width shall be provided between the front or side property line and the wall adjacent to any adjacent public right -of -way. 6. Security for the facility shall comply with security standards determined by the police department. 7. Lighting of storage facilities shall comply with Chapter 17.30. 8. Temporary or permanent occupancy of any recreational vehicle is prohibited. 9. Temporary parking is permitted within or upon lots or parcels where there is an existing commercial or industrial use for purposes of shopping, repairs, or servicing. C. Extended Parking and Visitor Parking Placard 1. The director of community development shall have the authority to issue a temporary placard for the purposes S: \Community Development \Everyone \PC FINAL RESO \pc 415 Exhibit A.doc Ordinance No. Page 6 of permitting extended RV parking in residential areas; to permit visitor parking within front setback areas; or, to permit visitor parking upon public streets in excess of the seventy -two (72) hour limitations of this chapter or any other chapter of the Municipal Code. 2. RV placard parking shall be limited to not more than thirty (30) days total per street address per calendar year for purposes of allowing visitors or guest recreational vehicle parking. 3. An approved placard shall be posted within the vehicle in the driver's window or location on the unit closest to the public travel lane so that it is fully visible at all times. 4. RV placards issued by the community development department shall be subject to a fee as set forth by resolution of the City Council. 5. Visitors receiving approval of a placard for extended parking of an RV shall be required to present verification of permanent residence at a location not within the City of Moorpark and not closer than one - hundred (100) miles to the city limits at the time of application. Section 6. The City Council in enacting this ordinance recognizes that some properties upon which recreational vehicles are currently parked may not be in full compliance with the specific content of this ordinance. Therefore, this ordinance shall not take effect until sixty (60) days after adoption to allow property owners to come into full compliance. SECTION 7. Violations of this ordinance shall be considered an infraction and shall be prosecuted accordingly. SECTION 8. 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, S: \CQ=unity Development \Everyone \PC FINAL RESO \pc 415 Exhibit A.doc r Ordinance No. Page 7 subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 9. 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 Star a 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 day of , Patrick Hunter, Mayor ATTEST: Deborah S. Traffenstedt, City Clerk S: \Community Development \Everyone \PC FINAL NESO \pc 415 Exhibit A.doc