HomeMy WebLinkAboutORD 420 2013 0911 ORDINANCE NO. 420
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, APPROVING ZONING ORDINANCE
AMENDMENT NO. 2012-02 TO AMEND CHAPTERS 17.08
(DEFINITIONS), 17.20 (USES BY ZONE), AND 17.32 (OFF-
STREET PARKING REQUIREMENTS), AND TO ADD
SUBDIVISION "I" (FARM WORKER DWELLINGS) TO
SECTION 17.28.020 (STANDARDS RELATING TO
DWELLINGS) AND SUBDIVISION "G" (REQUESTS FOR
REASONABLE ACCOMMODATIONS) TO SECTION
17.44.040 (DISCRETIONARY PERMITS AND EXCEPTIONS)
OF THE MOORPARK MUNICIPAL CODE TO ADDRESS
FARM WORKER HOUSING, RESIDENTIAL PARKING
REQUIREMENTS, AND REASONABLE ACCOMMODATION
PROCEDURES, AND MAKE A DETERMINATION OF
EXEMPTION UNDER CEQA IN CONNECTION THEREWITH
WHEREAS, at its meeting of September 19, 2012, the City Council adopted
Resolution No. 2012-2139 directing the Planning Commission to consider a zoning
ordinance amendment that would address farm worker housing, residential parking
requirements and reasonable accommodation procedures, to ensure compliance with
the adopted Housing Element, and ensure consistency with State law, the City's
General Plan, and other provisions of the City's Zoning Ordinance; and
WHEREAS, at a duly noticed public hearing on August 27, 2013, the Planning
Commission considered Zoning Ordinance Amendment No. 2012-02, to amend
Chapters 17.08 (Definitions), 17.20 (Uses by Zone), and 17.32 (Off-Street Parking
Requirements), and to add Subdivision "I" (Farm Worker Dwellings) to Section
17.28.020 (Standards relating to Dwellings) and Subdivision "G" (Requests for
Reasonable Accommodations) to Section 17.44.040 (Discretionary Permits and
Exceptions) of the Moorpark Municipal Code to address farm worker housing,
residential parking requirements, and reasonable accommodation procedures; and
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 hearing and the Planning Commission adopted
Resolution No. PC-2013-588 recommending approval to the City Council of Zoning
Ordinance Amendment No. 2012-02; and
WHEREAS, at a duly noticed public hearing on September 4, 2013, the City
Council considered Zoning Ordinance Amendment No. 2012-02, to amend Chapters
17.08 (Definitions), 17.20 (Uses by Zone), and 17.32 (Off-Street Parking
Requirements), and to add Subdivision "I" (Farm Worker Dwellings) to Section
17.28.020 (Standards relating to Dwellings) and Subdivision "G" (Requests for
Reasonable Accommodations) to Section 17.44.040 (Discretionary Permits and
Exceptions) of the Moorpark Municipal Code to address farm worker housing,
residential parking requirements, and reasonable accommodation procedures; and
considered the agenda report and any supplements thereto and written public
Ordinance No. 420
Page 2
comments; opened the public hearing and took and considered public testimony both
for and against the proposal; closed the public hearing, and reached a decision on this
matter; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTION 1 . ENVIRONMENTAL DETERMINATION: the City Council
concurs with the Community Development Director's determination that this project is
exempt from the provisions of the California Environmental Quality Act by the general
rule that CEQA only applies to "projects" that may have a significant effect on the
environment. The proposed ordinance would amend the Municipal Code provisions
related to farm worker dwellings, parking requirements, and reasonable
accommodations. The changes to the provisions related to farm worker dwellings and
reasonable accommodations merely conform the Municipal Code to what already would
be required by State law. As such, there is no possibility that the changes may result in
a significant environmental impact. The change to the parking requirements reduces the
required parking for one-bedroom units from two spaces per unit to 1.75 spaces per
unit. This regulatory change reduces the minimum required parking for future
developments of multi-family buildings with one-bedroom dwelling units, but such future
dwelling units would be subject to discretionary permits. The City retains the authority to
require additional parking if the particular development at issue would have a significant
impact on the environment. In this case, it can be seen with certainty that there is no
possibility that the proposed Ordinance may have a significant impact on the
environment.
SECTION 2. GENERAL PLAN AND SPECIFIC PLAN CONSISTENTY: The
City Council finds Zoning Ordinance Amendment No. 2012-02 to be consistent with the
City of Moorpark General Plan and all adopted Specific Plans.
SECTION 3. Zoning Ordinance Amendment No. 2012-02 amends Chapters
17.08 (Definitions), 17.20 (Uses by Zone), and 17.32 (Off-Street Parking
Requirements), and to add Subdivision "I" (Farm Worker Dwellings) to Section
17.28.020 (Standards relating to Dwellings) and Subdivision "G" (Requests for
Reasonable Accommodations) to Section 17.44.040 (Discretionary Permits and
Exceptions) of the Moorpark Municipal Code to address farm worker housing,
residential parking requirements, and reasonable accommodation procedures; as
shown as Exhibits A, B, C, D and E attached.
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.
Ordinance No. 420
Page 3
SECTION 5. This Ordinance shall become effective thirty (30) days after its
passage and adoption.
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 publish notice of adoption in
the manner required by law.
PASSED AND ADOPTED this 11th day of September, 2013.
J nice S. Parvin, Mayor
ATTEST:
J A'0\�r
'•-j� C/�-.`'1"'jam, ...L.!`i
Maureen Benson, City Clerk
Exhibit A - Section 17.08.010 Application of definitions
Exhibit B - Table 17.20.050 et seq. in legislative format
Exhibit C - Section 17.28.020.1 Farm Worker Dwellings
Exhibit D - Table 17.32.0203 Required Parking
Exhibit E - Section 17.44.040.G Requests for Reasonable Accommodations
Ordinance No. 420
Page 4
EXHIBIT A
AMENDMENTS TO SECTION 17.08.010 APPLICATION OF DEFINITIONS OF
CHAPTER 17.08 DEFINITIONS OF TITLE 17 ZONING
OF THE MOORPARK MUNICIPAL CODE
Add the following definitions of "Disability", "Disabled Person" or "Individual with a
Disability", "Fair Housing Laws", "Major Life Activity", "Physical or Mental
Impairment" and "Reasonable Accommodation", as follows, with all other definitions to
remain unchanged:
17.08.010 Application of definitions.
"Disability" means the same as that term is defined in the Fair Housing Laws.
"Disabled Person" or "Individual with a Disability" means a person who has a Physical or
Mental Impairment that limits or substantially limits one or more Major Life Activities, anyone
who is regarded as having such impairment, or anyone who has a record of such
impairment, as those terms are defined in the Fair Housing Laws. This term does not
include impairments, disorders or conditions resulting from the current, illegal use of, or
addiction to, a controlled substance, sexual behavior disorders, compulsive gambling,
kleptomania, or pyromania.
"Fair Housing Laws" means the "Fair Housing Act" (42 U.S.0 § 3601 et seq.), the
"Americans with Disabilities Act" (42 U.S.C. § 12101 et seq.), and the "California Fair
Employment and Housing Act" (California Government Code § 12900 et seq.), as these
statutes now exist or may be amended from time to time, and the implementing regulations
for each of these statutes.
"Major Life Activity" means any physical, mental, or social activity, such as the operation
of major bodily functions, seeing, hearing, eating, sleeping, walking, standing, sitting,
reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking,
communicating, interacting with others, and working.
"Physical or Mental Impairment" means any physiological disorder or condition and any
mental or psychological disorder, including, but not limited to, orthopedic, visual, speech
and hearing impairments, cosmetic disfigurement, anatomical loss, cerebral palsy, epilepsy,
muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, intellectual
disabilities (formerly termed "mental retardation"), emotional or mental illness, learning
disabilities, HIV disease (whether symptomatic or asymptomatic), tuberculosis, and
alcoholism and drug addiction (but not including current use of illegal drugs). A temporary
condition, such as a broken leg, pregnancy, use of crutches, etc. does not qualify as a
Physical or Mental Impairment.
"Reasonable Accommodation" means a modification or exception to the standards,
regulations, policies and procedures contained in Title 17 of this code for the siting,
development and use of housing or housing-related facilities, that is necessary to provide
an individual with a disability the equal opportunity to use and enjoy a dwelling.
Ordinance No. 420
Page 5
EXHIBIT B
AMENDMENTS TO SECTION 17.20.050 PERMITTED USES IN OPEN SPACE,
AGRICULTURAL, RESIDENTIAL, AND SPECIAL PURPOSE ZONES
OF CHAPTER 17.20 USES BY ZONE OF TITLE 17 ZONING
OF THE MOORPARK MUNICIPAL CODE
Table 17.20.050
PERMITTED USES IN OPEN SPACE, AGRICULTURAL,
RESIDENTIAL, AND SPECIAL PURPOSE ZONES
17.20.050 Permitted uses in open space, agricultural, residential and special
purpose zones.
Permitted uses in open space, agricultural, residential and special purpose zones
are set forth in Table 17.20.050 below and in the conditions of approval of any
applicable residential planned development permits. In addition to the entitlements
required by Table 17.20.050, a planned development permit is required for all
residential development of five (5) or more units. All uses, as applicable, shall comply
with Moorpark Municipal Code Title 5, Business Taxes, Licenses and Regulations.
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
Ordinance No. 420
Page 6
Zones O-S A-E R-A R-E R-O R-1 R-2 RPD TPD
A. Agricultural Uses
(minimum lot size of
5 acres required)
1. Animal
Husbandry as a
primary use in
accordance with
Chapter 17.28
a. Without ZC ZC ZC ZC
Structures
b. With structures of
total gross floor
areas per lot:
- Less than 1,000 ZC ZC ZC ZC
sq. ft.
- 1,001-20,000 sq. AP ZC AP
ft.
20,001-100,000 CUP AP
sq. ft.
- >100,000 sq. ft. CUP
2. Animal hospitals, CUP CUP CUP
for large animals
3. Apiculture in ZC ZC AP
accordance with
Chapter 17.28
4. Crop production ZC ZC ZC ZC
where no structures
are involved
5. Greenhouses,
hothouses and the
like. Minimum
property line
setbacks shall be
20 feet. With a total
gross floor area per
lot:
- Less than 1,000 ZC ZC ZC ZC
sq. ft.
- 1,001-20,000 sq. AP AP AP AP
ft.
- > 20,000 sq. ft. CUP CUP
6. Kennels and CUP CUP CUP CUP
catteries (domestic)
see Chapter 17.28
Ordinance No. 420
Page 7
Zones O-S A-E R-A R-E R-O R-1 R-2 RPD TPD
7. Wholesale AP AP AP AP
nurseries, tree
farms and
ornamental plant
farms including
container plants.
Retail sales shall be
limited to the
requirements of
Chapter 17.28
8. Wildlife CUP CUP
sanctuaries
B. Residential Uses
1. Boardinghouses CUP CUP CUP CUP CUP CUP CUP
and bed and
breakfast inns
2. Family day care
homes and home
schooling and
transitional and
supportiv e housing
a. Small family day NZC NZC NZC NZC NZC NZC NZC NZC
care homes serving
up to eight (8)
children within a
single-family
residence when
found consistent
with Section
1597.44 of the
Health and Safety
Code
b. Large family day ZC ZC ZC ZC ZC ZC ZC ZC
care homes serving
up to fourteen (14)
children within a
single-family
residence when
found consistent
with Section
1597.465 of the
Health and Safety
Code
Ordinance No. 420
Page 8
Zones 0-S A-E R-A R-E R-0 R-1 R-2 RPD TPD
c. Home schooling, NZC NZC NZC NZC NZC NZC NZC NZC NZC
including home
teaching, home
independent study,
and individual
instruction as
defined by the
Education Code,
only involving
provision of such
services to
residents of the
property
d. Transitional and NZC NZC NZC NZC NZC NZC NZC NZC
supportive housing
when conducted in
an existing housing
unit (*subject to
same zoning
requirements and
procedures as other
residential uses of
the same type in
the same zoning
district
3. Dwellings, single-
family
a. Standard AP AP AP AP AP AP AP AP AP
construction,
including
manufactured
housing consistent
with Chapter 17.28
(for five [5] or more
homes constructed
in the R-A, R-O, R-
E, and R-1 zones a
planned
development permit
is required)
b. Less than five (5) AP AP AP
affordable or senior
housing units when
in compliance with
Chapter 17.64
Ordinance No. 420
Page 9
Zones O-S A-E R-A R-E R-O R-1 R-2 RPD TPD
c. Second dwelling ZC ZC ZC ZC ZC ZC
units when in
compliance with
Chapter 17.28
4. Dwellings, two-
family or two single-
family dwellings on
one 1 lot
a. Less than five (5) AP AP
dwelling units
b. Less than five (5) AP AP
affordable or senior
housing units when
in compliance with
Chapter 17.64
5. Dwellings,
multiple-family
a. Less than five (5) AP
dwelling units
b. Less than five (5) AP
affordable or senior
housing units when
in compliance with
Chapter 17.64
6. Mobilehome CUP CUP CUP CUP CUP CUP CUP
parks in compliance
with the applicable
standards of the
zone in which it is
located. It shall
include recreation
facilities with
minimum distance
between structures
of ten (10) feet and
minimum distances
between accessory
structures of six (6)
feet
Ordinance No. 420
Page 10
Zones O-S A-E R-A R-E R-O R-1 R-2 RPD TPD
7. Model homes, AP AP AP AP AP AP AP
temporary office for
the sale of homes
or lots in a
subdivision that are
a part of an
approved tentative
map and when
there is a model
complex plan/
temporary office
plan approved by
the community
development
director
C. Public and
Quasi-Public Uses
1. Places of CUP CUP CUP CUP CUP CUP
religious assembly,
with or without
schools and/or
social services,
including
emergency shelters
2. Clubhouses with CUP CUP CUP CUP CUP
or without alcoholic
beverage sales
3. Colleges and CUP
universities
4. Energy CUP CUP CUP
production from
renewable
resources
5. Governmental CUP CUP CUP CUP CUP CUP CUP
uses including, but
not limited to, city
offices, community
rooms, fire stations,
human service
centers, libraries,
police stations,
public utility
facilities
Ordinance No. 420
Page 11
Zones O-S A-E R-A R-E R-O R-1 R-2 RPD TPD
6. Utility structures AP AP AP AP AP AP AP AP AP
(electrical boxes,
transformers and
valve apparatus
that have no
covered floor area
and are attached to
the ground by
poles, columns or
pedestals shall not
require a zoning
clearance
7. Wireless
communications
facilities in
accordance with the
requirements of
Chapter 17.42
a. Major wireless CUP CUP CUP CUP CUP CUP CUP CUP CUP
communications
facilities
b. Minor wireless AP AP AP AP AP AP AP AP AP
communications
facilities
C. Collocation ZC ZC ZC ZC ZC ZC ZC ZC ZC
wireless
communications
facilities (consistent
with definition of
"collocation facility"
in Section
17.42.020
D. Accessory and
Miscellaneous Uses
1. Animal keeping
as an accessory
use when the
primary use is
residential in
accordance with the
requirements of
Chapter 17.28
a. Apiculture ZC ZC AP
(*minimum lot size:
five 5 acres
Ordinance No. 420
Page 12
Zones O-S A-E R-A R-E R-O R-1 R-2 RPD TPD
b. Aviaries AP AP AP AP
(*minimum lot size:
five 5 acres
c. Farm animals NZC NZC NZC NZC NZC NZC
including horses
and ponies subject
to the requirements
of Chapter 17.28
d. Pet animals are NZC NZC NZC NZC NZC NZC NZC NZC NZC
allowed in all zones
subject to the
requirements of
Chapter 17.28
e. Wild animals AP AP AP
subject to the
requirements of
Chapter 6.24
2. Accessory
structures
a. Balcony, deck, ZC ZC ZC ZC ZC ZC ZC ZC
patio covers, room
additions, or
storage sheds
b. Fences and walls NZC NZC NZC NZC NZC NZC NZC NZC NZC
less than six (6) feet
and retaining walls
less than three (3)
feet in height,
paving and decks
when constructed
lower than thirty
(30) inches above
the immediate
surrounding natural
grade
Ordinance No. 420
Page 13
Zones O-S A-E R-A R-E R-O R-1 R-2 RPD TPD
c. Fences and walls ZC ZC ZC ZC ZC ZC ZC ZC ZC
greater than six (6)
feet and retaining
walls greater than
three (3) feet in
height, paving and
decks when
constructed higher
than thirty (30)
inches above the
immediate
surrounding natural
grade
d. Swimming, ZC ZC ZC ZC ZC ZC ZC ZC ZC
wading, ornamental
pools, or spas
where a building
permit is required
e. Swimming, NZC NZC NZC NZC NZC NZC NZC NZC NZC
wading, ornamental
pools, or spas
where a building
permit is not
required
3. Antenna or flag
pole, ground
mounted, non-
commercial
a. <35 feet high AP AP AP AP AP AP AP AP AP
b. >35 feet high CUP CUP CUP CUP CUP CUP CUP CUP CUP
4. Dwelling, AP AP AP AP AP AP AP AP AP
caretaker
5. Dwellings, farm ZC ZC ZC ZC
labor in accordance
with the
requirements of
Chapter 17.28
6. Home occupation NZC NZC NZC NZC NZC NZC NZC NZC NZC
when conducted in
an existing single-
family home and
consistent with the
requirements of
Chapter 17.28
Ordinance No. 420
Page 14
Zones O-S A-E R-A E R-E R-O R-1 R-2 RPD TPD
7. Maintenance and ZC ZC ZC ZC ZC ZC ZC ZC ZC
minor repair to
buildings involving
structural
alterations
8. Motion picture TUP TUP TUP TUP TUP TUP TUP TUP TUP
and television
production and
related activities
and structures
(activities of a
maximum of forty-
two [42] days in any
one hundred eighty
[180] day period are
considered
temporary and shall
comply with the
requirements of
Chapter 17.28 and
Title 5 of the
Moorpark Municipal
Code
9. Mobilehomes or TUP TUP TUP TUP TUP TUP TUP TUP TUP
recreation vehicle
as temporary
dwelling on the site
of an active building
permit during
construction
10. Produce stands ZC ZC ZC ZC
in compliance with
the requirements of
Chapter 17.28
Ordinance No. 420
Page 15
Zones O-S A-E R-A R-E R-O R-1 R-2 RPD TPD
11. Recreational CUP CUP CUP CUP CUP CUP CUP
facilities, non-profit
or for profit,
including, but not
limited to, athletic
fields, bicycle and
skate parks,
community centers,
golf courses,
gymnasiums,
retreats, riding
stables. Bicycle and
skate parks shall be
in compliance with
Chapter 17.28
(Public park and
recreation facilities
are permitted in all
zones and do not
require a CUP or a
ZC
12. Storage of ZC ZC ZC ZC ZC ZC ZC ZC ZC
building materials in
accordance with the
requirements of
Chapter 17.28
13. Storage, open, NZC NZC NZC NZC NZC NZC NZC NZC NZC
consistent with
Chapter 17.28
14. Soil testing for NZC NZC NZC NZC NZC NZC NZC NZC NZC
wells, foundations,
septic systems and
similar construction
Ordinance No. 420
Page 16
Zones O-S A-E R-A R-E R-O R-1 R-2 RPD TPD
15. Temporary uses TUP TUP TUP TUP TUP TUP TUP TUP TUP
including, but not
limited to, carnivals,
Christmas tree
sales, circuses,
festivals, sidewalk
sales, special
events, outdoor
sales, when in
compliance with
Chapter 17.44.
Issuance of a
temporary use
permit shall take the
place of a zoning
clearance.
Temporary uses
lasting more than
one hundred eighty
(180) days require
an AP.
Ordinance No. 420
Page 17
EXHIBIT C
ADDING SUBDIVISION (1) REGARDING FARM WORKER DWELLINGS TO SECTION
17.28.020 STANDARDS RELATING TO DWELLINGS OF CHAPTER 17.28
STANDARDS FOR SPECIFIC USES OF TITLE 17 ZONING OF THE MOORPARK
MUNICIPAL CODE
17.28.020 Standards relating to dwellings.
I. Farm worker dwellings.
1. Standards and Requirements. A farm worker dwelling, as defined in Section
17.08.010 of this code, shall be allowed in accordance with the provisions of Chapter
17.20 of this code, and in compliance with all of the following standards and
requirements:
a. Minimum lot size. Property must meet minimum lot size of five (5) acres as
required for agricultural uses.
b. Permitted Size. Farm worker dwellings, may consist of no more than thirty-six
beds in a group sleeping quarters, or twelve units or spaces designed for use by a
single family or household.
C. Off-street Parking. One off-street, covered parking space must be provided for
each single family unit and one parking space must be provided for each three beds in
the group sleeping quarters. The parking must have approved access and paving in
accordance with Chapter 17.32 of this code.
d. Lighting. Lighting shall comply with Chapter 17.30 of this code.
e. HCD Permit. A permit from the State Department of Housing and Community
Development (HCD) shall be obtained, as required by the Employee Housing Act and
all applicable regulations.
f. Occupancy Review. The property owner must complete and submit to the
director of community development a farm worker dwelling verification letter no later
than 30 days after receiving a permit to operate from HCD, and annually thereafter, to
ensure compliance with state and local regulations on farm worker housing. The
verification letter must include information regarding the housing type, number of
dwelling units or beds, number of occupants, occupants' employment information, and
proof that a permit to operate from HCD has been obtained and maintained.
g. Farm Worker Occupancy. The property must be occupied by farm workers and
their families. A declaration of this restriction in a form approved by the city will be
recorded by the city and be binding on all future owners. Beginning one year after the
issuance of the building permit and annually thereafter, the owner must file an annual
report to the department listing the occupants of the farm worker dwelling and their
place of work in order to ensure compliance with this requirement.
h. General Development Requirements. Construction of farm worker dwellings shall
comply with development requirements of the underlying zone.
i. Maintenance. Facilities shall be maintained in a neat, safe, and orderly manner.
Ordinance No. 420
Page 18
EXHIBIT D
AMENDMENTS TO SECTION 17.32.020 REQUIRED PARKING
OF CHAPTER 17.32 OFF-STREET PARKING REQUIREMENTS OF TITLE 17
ZONING OF THE MOORPARK MUNICIPAL CODE
17.32.020 Required parking.
Off-street parking spaces for new uses and for expansion of existing uses shall
be provided in the quantities specified below. A fraction of a space greater than one-half
(1/2) will be counted as a whole space. Parking requirements for new uses and for
expansion of existing uses fronting on High Street between Moorpark Avenue and
Spring Road and Walnut Street between High Street and Charles Street are calculated
under the provisions of Section 17.32.025.
Minimum Parking Required Based on
Gross Floor Area of Building (Unless
Use Otherwise Stated)
B. Residential: Handicap parking must be provided where required by the California
Accessibility Code.
1. Boarding houses and bed and 2 spaces in a garage plus 1 space per rented
breakfast inns room
2. Care facilities for up to 12 2 spaces in a garage
persons
3. Dwellings, single-family 2 spaces in a garage for dwellings <_ 2,800
sq. ft.
3 spaces in a garage for dwellings > 2,800
sq. ft.
4. Dwellings, two-family or two 2 spaces in a garage for each dwelling <_
single-family dwellings on one lot 2,800 sq. ft.
(not second dwellings per 3 spaces in a garage for each dwelling >
Section 17.28.020(G)) 2,800 sq. ft.
5. Dwellings, multiple (> 2 units) 1 space per unit covered in a garage or
carport for each bachelor or studio unit
1 .75 spaces per unit, 1 covered in a garage
or carport for each one-bedroom unit
(including guest parking)
2 spaces per unit, 1 covered in a garage for
each unit with 2 or more bedrooms
plus for all units (except one-bedroom units)
0.5 spaces per unit for visitors
6. Mobile home parks 2 tandem spaces covered in a garage or
carport plus 1 space for each 4 mobile homes
for visitors
Ordinance No. 420
Page 19
7. Model homes, temporary office 8 spaces minimum. The director may
for sale of homes or lots in increase the standard depending upon the
subdivision where a model number of models.
complex plan/temporary office
complex plan
8. Second dwelling units See Section 17.28.020(G)
9. Senior housing (attached or 0.5 spaces per unit (0.25 spaces shall be in a
detached) restricted to residents garage or carport)
55 years old and older
Ordinance No. 420
Page 20
EXHIBIT E
ADDING SUBDIVISION "G" REGARDING REASONABLE ACCOMMODATIONS TO
SECTION 17.44.040 DISCRETIONARY PERMITS AND EXCEPTIONS OF CHAPTER
17.44 APPLICATION REVIEW PROCEDURES OF TITLE 17 ZONING OF THE
MOORPARK MUNICIPAL CODE
17.44.040 Discretionary permits and exceptions.
G. Requests for Reasonable Accommodations.
1. This section establishes a process for the request and consideration of a
reasonable accommodation in the application of the city's land use, zoning, and building
standards, regulations, policies, and procedures to allow disabled persons an equal
opportunity to use and enjoy housing.
2. Any individual with a disability, his or her representative, or a developer or
provider of housing for disabled persons may seek relief from any land use, zoning or
building standard, regulation, policy or procedure found in Title 17, Zoning, to ensure
equal access to housing by requesting a reasonable accommodation. Requests for a
reasonable accommodation must be submitted on an application form provided by the
department, and must contain the following information:
a. The name, address and telephone number of the applicant;
b. The name, address and telephone number of the individual with a disability for
whom the reasonable accommodation is being requested;
c. The name, address, and telephone number of the owner of the property for which
the reasonable accommodation request is being made, where different from the
applicant;
d. The address and current use of the property for which the reasonable
accommodation is being made;
e. If the applicant is someone other than the property owner, a letter of agency or
authorization signed by the property owner consenting to the application being made;
f. The basis for the claim that the individual to be reasonably accommodated is
disabled under the fair housing laws;
g. A description of the reasonable accommodation requested and the land use,
zoning or building standard, regulation, policy or procedure to be modified or waived;
h. A statement of the reason why the requested accommodation is necessary for
the disabled person to use and enjoy the dwelling.
3. If the project for which the request for a reasonable accommodation is made
requires another discretionary permit or approval, then the applicant may file the
request for reasonable accommodation together with the application for the other
discretionary permit or approval. The processing procedures of the discretionary permit
will govern the joint processing of both the reasonable accommodation and the
discretionary permit. If the project for which the request for a reasonable
accommodation is made requires a discretionary permit or approval, then the
Ordinance No. 420
Page 21
application for a reasonable accommodation will be heard at the same time as the other
discretionary permit or approval.
4. If an individual needs assistance in making a request for a reasonable
accommodation, the city will provide assistance to ensure that the process is
accessible.
5. A request for a reasonable accommodation may be filed at any time that the
accommodation may be necessary to ensure equal access to housing. A reasonable
accommodation does not affect or negate an individual's obligation to comply with other
applicable regulations not at issue in the requested accommodation.
6. The community development director shall be the decision-maker for a
reasonable accommodation that is not made in conjunction with a discretionary
approval that would require planning commission review. The community development
director may refer the processing of the reasonable accommodation to the planning
commission for review if the request is submitted in conjunction with a request for a
separate discretionary approval.
7. The reviewing authority shall approve, with or without conditions, the request for
a reasonable accommodation if it finds, based upon all of the evidence presented, that
all of the following findings can be made:
a. The requested accommodation is requested by or on the behalf of one or more
disabled persons protected under the fair housing laws who will occupy the dwelling.
b. The requested accommodation is necessary to provide one or more disabled
persons an equal opportunity to use and enjoy a dwelling.
c. The requested accommodation will not impose an undue financial or
administrative burden on the city as "undue financial or administrative burden" is
defined in the fair housing laws.
d. The requested accommodation will not result in a fundamental alteration in the
nature of the city's zoning code, as "fundamental alteration" is defined in the fair housing
laws. In considering whether the accommodation would require such a fundamental
alteration, the reviewing authority may consider, among other factors:
i. Whether the requested accommodation would fundamentally alter the
character of the neighborhood;
ii. Whether the requested accommodation would result in a substantial
increase in traffic or insufficient parking;
iii. Whether the requested accommodation would substantially undermine
any express purpose of either the City's General Plan or an applicable
specific plan; and
iv. Whether the requested accommodation would create an institutionalized
environment due to the number of, and distance between, facilities that
are similar in nature or operation.
Ordinance No. 420
Page 22
e. The requested accommodation will not, under the specific facts of the case,
result in a direct threat to the health or safety of other individuals or physical damage to
the property of others.
8. Conditions of Approval. In granting a request for a reasonable accommodation,
conditions of approval may be imposed as deemed reasonable and necessary to
ensure that the reasonable accommodation would comply with the required findings.
The reviewing authority shall issue a written determination to approve, conditionally
approve, or deny a request for a reasonable accommodation. The reviewing authority
may approve an alternative reasonable accommodation that provides an opportunity to
use and enjoy a dwelling equivalent to that which would be provided by the
accommodation specifically requested where such alternative accommodation would
reduce impacts to neighboring properties or the surrounding area. The director shall
mail written notice of the determination to the applicant and as part of such notice shall
advise the applicant of the right to appeal the determination. The written determination
must explain in detail the basis of the decision. The written decision of the reviewing
authority shall be final, unless appealed.
9. Any reasonable accommodation approved shall expire one hundred eighty (180)
days after issuance, unless otherwise indicated by the community development director
or unless the use of land or structures or building construction has commenced and is
being diligently pursued, as evidenced by current inspections and/or valid building
permits.
10. Any reasonable accommodation may be revoked if any of the conditions or
terms of such reasonable accommodation are violated, or if any law or city ordinance is
violated in connection with the reasonable accommodation. The revocation procedures
in Section 17.44.100 will be followed to revoke a reasonable accommodation.
11 . If the disabled person who initially occupied the applicable dwelling and for
whom the reasonable accommodation was granted ceases to reside at the premises,
the reasonable accommodation will remain in effect only if the community development
director determines that:
a. The modification is physically integrated into the residential structure and
cannot easily be removed or altered to comply with the requirements of this Title 17; or
b. The accommodation is necessary to give another disabled individual an equal
opportunity to enjoy the dwelling. The community development director may request
that any successor-in-interest to the property provide documentation that subsequent
occupants are persons with disabilities. Failure to provide such documentation within
ten days of the date of a request by the community development director will result in
the termination of a previously approved reasonable accommodation and the applicable
premises must subsequently be made to conform to requirements of this Title 17.
Ordinance No. 420
Page 23
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby
certify under penalty of perjury that the foregoing Ordinance No. 420 was adopted by
the City Council of the City of Moorpark at an adjourned regular meeting held on the
11 th day of September, 2013, and that the same was adopted by the following vote:
AYES: Councilmembers Mikos, Millhouse, Pollock, Van Dam, and Mayor Parvin
NOES: None
ABSENT: Councilmember Pollock
ABSTAIN: None
WITNESS my hand and the official seal of said City this 17th day of September, 2013.
Maureen Benson, City Clerk
(seal)
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