HomeMy WebLinkAboutORD 174 1993 0616ORDINANCE NO. 174
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 have heretofore been 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 -17 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
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 December 18, 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 16th day of June, 1993.
4t,11 �111_ �A
Paul W. Lawrason Jr.,
MAYOR
ATTEST:
56124.1
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. 174 was adopted by the
City Council of the City of Moorpark at a meeting held on
the 16th day of JUNE , 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 17th day of JUNE 1993.
illian E. Hare
City Clerk
PAUL W. LAWRASON JR SCOTT MONTGOMERY PATRICK HUNTER BERNARDO M. PEREZ JOHN E WOZNIAK
Mayor Mayor Pro Tom Counalmember Councilmember Councilmember
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