HomeMy WebLinkAboutORD 168 2003 0519ORDINANCE NO. 168
AN INTERIM ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, ADOPTED ON AN URGENCY BASIS,
IMPOSING A MORATORIUM ON SECOND DWELLING
UNITS IN THE R -A, R -E, R -O, R -1, R -2, RPD, PC
AND SP ZONES
THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES
ORDAIN AS FOLLOWS:
SECTION 1. Pursuant to section 65852.2 of the Government
Code, the City provides for the development of second dwelling
units in accordance with section 8107 -1.7 of its Zoning
Ordinance. Section 8107 -1.7 is more permissive than state law,
in that living space from an existing dwelling unit can be
converted to the living space of the second dwelling unit. If
second dwelling units were to proliferate, the effect of this
permissiveness would be to transform the character and scale of
existing residential neighborhoods in a manner that is
inconsistent with compatible and orderly development, thereby
negatively affecting residential property values.
SECTION 2. The Department of Community Development and the
Planning Commission are hereby directed to conduct a study
relative to providing a comprehensive system for the compatible
and orderly development of second dwelling units in single - family
and multi - family residential zones. In connection with said
study, the City Council contemplates consideration of a zoning
proposal within a reasonable time, which proposal may provide for
amending section 8107 -1 -7 of the City's Zoning Ordinance relative
to the areas within the City where second dwelling units are
permitted and the standards imposed upon development of second
dwelling units.
SECTION 3. For the period of time that this Ordinance is in
full force and effect, no application for any land use
entitlements required to develop second dwelling units on
property that is zoned R -A, R -E, R -O, R -1, R -2, RPD, PC or SP
shall be accepted for filing with, or approved by, the City and
no permits for any such land use entitlements shall be issued by
the City. For purposes of this Ordinance, land use entitlement
means a zone clearance, a building permit, or any other
entitlement for use which is required for the development of any
second dwelling unit.
SECTION 4. Pursuant to Government Code section 65858, the
City Council hereby finds and declares this Ordinance to be an
urgency ordinance requiring immediate enactment, because there is
a current and immediate threat to the public health, safety or
56124.1
welfare of the City and its citizens. In addition, the City
Council finds and declares that accepting for filing or approving
the application, or issuing the permit, for any land use
entitlement required to develop a second dwelling unit on
property zoned R -A, R -E, R -0, R -1, R -2, RPD, PC or SP that may be
in conflict with the contemplated zoning proposal would result in
that threat to the public health, safety or welfare. The facts
constituting such urgency and threat are as set forth in Section
1 of this Ordinance.
SECTION 5. This Ordinance shall be effective immediately
upon its adoption and shall expire and be of no further force and
effect as of July 3, 1993, unless sooner extended after notice
pursuant to Government Code Section 65090 and a public hearing.
SECTION 6. If any section, subsection, sentence, clause,
phrase or word of this Ordinance is for any reason held to be
invalid or unconstitutional by a court of competent jurisdiction,
such decision shall not affect the validity or constitutionality
of the remaining portions of this Ordinance. The City Council
hereby declares that it would have passed and adopted this
Ordinance and each and all portions thereof, irrespective of the
fact that any one or more of said portions may be declared
invalid or unconstitutional.
SECTION 7. The City Clerk shall certify to the passage and
adoption of this Ordinance by not less than a four - fifths vote of
the City Council; shall enter the same in the book of original
ordinances of the 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 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 19th day of
ATTEST:
z_
TY CLERK
56124.1 -2-
MAY
1993.
MAYOR OF TRE CITY OF OORPARK,
CALIFORNIA
MOORPARK
799 Moorpark Avenue Moorpark, California 93021
STATE OF CALIFORNIA )
COUNTY OF VENTURA ) ss.
CITY OF MOORPARK )
(805) 529 -6864
I, Lillian E. Hare, City Clerk of the City of Moorpark,
California, do hereby certify under penalty of perjury that
the foregoing Ordinance No. 168 was adopted by the
City Council of the City of Moorpark at a meeting held on
the 19th day of MAY , 1993, and that
the same was adopted by the following vote:
AYES: COUNCILMEMBERS HUNTER, MONTGOMERY, PEREZ, WOZNIAK AND MAYOR LAWRASON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
WITNESS my hand and the official seal of said City
this 27th day of MAY , 1993.
illian E. Ha e
City Clerk
PAUL W. LAWRASON JR SCOTT MONTGOMERY PATRICK HUNTER BERNARDO M. PEREZ JOHN E. WOZNIAK
Mayor Mayor Pro Tern Counalmember Counalmember Counalmember
Pnnred on RxycW Paper