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HomeMy WebLinkAboutAGENDA REPORT 1985 1216 CC REG ITEM 08EALBERT PRIETO Mayor JAMES D. WEAK Mayor Pro Tern THOMAS C. FERGUSON Councilmember DANNY A. WOOLARD Councilmember LETA YANCY- SUTTON Councilmember DORIS D. BANKUS City Clerk JOHN C. GEDNEY City Treasurer TO = FROM = DATE _ .NOORPARh ITEM 8r MEMORANDUM The Honorable City Council STEVEN KUENY City Manager CHERYL J. KANE City Attorney NIALL FRITZ Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police Richard Morton, Interim Director of Community Development December 12, 1985 USE OF "NET" versus "GROSS" AREA IN DETERMINING DENSITY At the December 9, 1985 joint meeting with the Planning Commission a staff report (attached) was presented to the group regarding the use of net area versus gross area in computing densities. At the subject meeting the Council directed that the matter be referred to the Planning Commission for its construction. Since such action requires a resolution of the Council directing that the Commission initiate hearings on the issue, said resolution is attached for adoption by the Council. Since the zoning code is presently silent since the General Plan uses "net" area, a attached for consideration by the Council the necessary regulation for use by staff period until the regulation is formally i code. RM:mjr on the matter and proposed policy is in order to provide during the interim Included in the zoning 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 A POLICY OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, ESTABLISHING "NET ACREAGE" IN DETERMINING DENSITY It is hereby established that in determining the density on any particular property, said density shall be based on the "net acreage" of the property. For the purpose of this policy, "net acreage" shall mean that any area dedicated for public streets, or area used for a private street in lieu of what would normally be a public street, or any other purpose wherein said area is not available for use for buildings, parking, or recreation, shall not be included in computing the allowable density as indicated by the zoning on the land. Areas dedicated for public parks or schools shall be included when calculating the net area for allowable density. This policy shall remain in effect until such time as it may be modified or revoked by the adoption of an ordinance amending the zoning code. REVISED: December 16, 1985 RESOLUTION NO. 85 -;� A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, INITIATING PROCEEDINGS TO CONSIDER AN AMENDMENT TO THE ZONING ORDINANCE TO PROVIDE FOR NET ACREAGE COMPUTATION IN DETERMINING DENSITY ON ANY PROPERTY IN THE CITY. WHEREAS, Section 8164 -1 of Article 44 of Chapter 1 of Division 8 ( Planning and Development) of the Ventura County Ordinance Code, adopted by the Moorpark City Council on September 21, 1983, provides that the City Council may initiate proceedings to consider amendments to the Zoning Ordinance by the adoption of a resolution requesting the Planning Commission of said City to set the matter for public hearing, report and recommendation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. That the Council does hereby initiate consideration of an amendment to the Zoning Ordinance of the City to consider a provision that net acreage be used to determine and compute density on any property in the City, consistent with provisions of the General Plan Land Use Element. SECTION 2. That the Planning Commission is hereby directed to set a public hearing to review said proposed amendment, and to make a recom- mendation to the City Council regarding the findings of said Commission. SECTION 3. That this resolution shall take effect immediately. SECTION 4. That the City Clerk shall certify to the passage and adoption of this resolution, and shall forward a certified copy of said resolution to the Planning Commission of said City for action pursuant to instructions contained therein. PASSED AND ADOPTED this 16th day of December, 1985. ATTEST: City Clerk (SEAL) Mayor of the City of Moorpark, California ALBERT PRIETO May 0, JAMES D. WEAK Mayor Pro Tem THOMAS C. FERGUSON Councilmember DANNY A. WOOLARD Councilmember LETA YANCY- SUTTON Councilmember DORIS D. BANKUS City Clerk JOHN C. GEDNEY City Treasurer TO F ROM = DATE = MOORPARK MEMORANDUM The Honorable City Council r. STEVEN KUENY City Manager CHERYL J. KANE City Attorney NIALL FRITZ Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police Richard Morton, Interim Director of Community Development December 12, 1985 SUB E C T = USE OF "NEV versus "GROSS" AREA IN DETERMINING DENSITY At the December 9, 1985 joint meeting with the Planning Commission a staff report (attached) was presented to the group regarding the use of net area versus gross area in computing densities. At the subject meeting the Council directed that the matter be referred to the Planning Commission for its construction. Since such action requires a resolution of the Council directing that the Commission initiate hearings on the issue, said resolution is attached for adoption by the Council. Since the zoning code is presently silent since the General Plan uses "net" area, a attached for consideration by the Council the necessary regulation for use by staff period until the regulation is formally i code. RM:mjr on the matter and proposed policy is in order to provide during the interim ncluded in the zoning 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 JAMES D. WEAK Mayor THOMAS C. FERGUSON Mayor Pro Tern ALBERT PRIETO Councilmember DANNY A. WOOLARD Councilmember LETA YANCY- SUTTON Councilmember DORIS D. BANKUS City Clerk THOMAS P. GENOVESE City Treasurer TO: FROM: MOORPARK MEMORANDUM The Honorable City Council Steven Kueny, City Manager DATE : April 2, 1986 S U B J E C T• Net vs. Gross Density BACKGROUND STEVEN KUENY City Manager CHERYL J. KANE City Attorney RICHARD MORTON Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police At the Council meeting of February 18 the issue of whether density should be based on "net" acreage or "gross" acreage was discussed. The matter was continued to this meeting for further clarification as to whether maximum density is governed by the General Plan or by zoning, or both, and how this issue is affected by the "density bonus" provision. DISCUSSION The General Plan establishes ranges of density, or General Provision, e.g. "10.1 to 20 dwelling units per acre ", while the zoning ordinance is specific, e.g. RPD -15 or a maximum of 15 dwelling units per acre. The State Planning and Zoning Law requires that the zoning be consistent with the General Plan. Specifically, "A zoning ordinance shall be consistent with a General Plan only if the various land uses authorized by the ordinance are compatible with the objectives, policies, general ( emphasis added) land uses, and programs specified in such a plan." Thus, the zoning on the land (when "consistent" with the General Plan) is specific and establishes the maximum density allowed. In the absence of any other provisions of the General Plan (such as establishing a maximum average) , the Council could zone property that was designated in a range of 10.1 to 20 anywhere within that range, e.g. RPD -12 or RPD -18. However, the General Plan does add that within the 10.1 to 20 range, the "maximum average" of a subdivision is 15 DU /ac. maximum, but that such subdivisions could have a mixture of single family and multiple family units (of varying densities) but that "the greatest density does not exceed 20 units per net acre." An example would be a large project where two portions have different types and densities, e.g. 100 units at 12 U /ac. and 50 units at 16 U /ac. 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 The Honorable City Council Page 2 April 2, 1986 In a separate section of the General Plan is another quote - "The maximum density for any residential development shall be 20 units per net acre (emphasis added) . If we have a 100 -acre parcel that is zoned 15 DU /ac. , the maximum number of units per gross acre is 1500. If 25% of the property is not buildable with a resulting 75 net acres, the 1500 units results in 20 units per net acre. Thus, if the net acreage is 75 acres or more, the project meets the General Plan limitation. If the net acreage is less than 75 acres, the 20 unit per net acre maximum would govern and the 15 units per gross acre could not be achieved. In other words, the lower of the two governs. Considering all of the above, the Council may zone any one property or area (that is designated at 10.1 - 20 with a maximum average of 15 DU /ac) anywhere within the range of 10.1 to 15 DU/ac and be consistent with the General Plan. Also, property could be zoned Planned Community (PC) (which requires that separate zoning for different uses be applied for and approved prior to development) and the overall density could be approved as high as 20 units per net acre. Obtaining the maximum, as we have said before, depends upon not being constrained by excessive unbuildable easements, good design, etc. What complicates the issue further is when a "density bonus" is applied for. Such bonus is computed on 15 %, or more, of the maximum allowed under the zonin Thus, in RPD -12 it is an increase allowance of 25% (or more) of 12 times the number of acres. For RPD -15 it is times 15. However, the applicant may not be able to reach the maximum density, let along a 25% increase, because of all the previously mentioned possible constraints, or because of extra large units, poor design, etc. It is extremely difficult to look at a project that is unacceptable to the Planning Com- mission or the City Council and determine how many units should be dropped or how the project should be redesigned. It requires that the project be continued while the applicant revises the plan, or if the applicant does not agree to do so, to deny the project. If the applicant agrees to a lesser density and a redesign, then the number allowed by the density bonus may no longer be relevent. What would govern the maximum density is the number in the plan that warrants approval. A lot of thought and analysis has been put into this issue. Given that the 20 units per net acre governs, even though RPD -15 referes to a maximum of 15 dwelling units per Lrross acre, and given that the zoning ordinance states that the maximum is granted only it the project produces "an environment of stable and desirable character" (and that this principle will be stated more explicitly in the General Plan) , staff feels that no further action is required. The time spent, however, has helped to clarify this complex issue. DM: SK: ddb