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HomeMy WebLinkAboutORD 172 1993 0602ORDINANCE NO. 172 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 ON PROPERTIES OF LESS THAN ONE ACRE. 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 on urban or suburban lots, 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 less than one acre in size and 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 56124.1 56124. a current and immediate threat to the public health, safety or 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 that is less than one acre in size and is 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 17, 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 2nd day of June, 1993. CTX_"4_Af PzCul W. L rason Jr. MAYOR ATTEST: MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Lillian E. Hare, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 172 was adopted by the City Council of the City of Moorpark at a meeting held on the 2nd day of JUNE , 1993, and that the same was adopted by the following vote: AYES: COUNCILMEMBERS MONTGOMERY, PEREZ, WOZNIAK AND MAYOR LAWRASON NOES : NONE ABSENT: COUNCILMEMBER HUNTER ABSTAIN: NONE WITNESS my hand and the official seal of said City this 4th day of JUNE , 1993. Lillian E. Hare Citv Clerk PAUL W. LAWRASON JR SCOTT MONTGOMERY PATRICK HUNTER BERNARDO M PEREZ JOHN E WOZNIAK Mayor Mayor Pro Tem Counplmember Councilmember Counplmember P-ded o Recydud Paper