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Home My WebLink AboutORD 183 1993 1117ORDINANCE NO. 183 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING ORDINANCE NO. 137, THE MOORPARK ZONING ORDINANCE, BY REVISING SECTIONS 8102 -0 AND 8107 -1.7 RELATIVE TO SECOND DWELLINGS WHEREAS, on May 19, 1993, the City Council adopted Interim Ordinance No. 168 imposing a moratorium on second dwelling units in the R -A (Rural Agricultural), R -E (Rural Exclusive), R -O (Single Family Estate), R -1 (Single- Family Residential), R -2 (Two- Family Residential), R -P -D (Residential Planned Development), PC (Planned Community), and SP (Specific Plan) Zones; and WHEREAS, on June 2, 1993, the City Council adopted Interim Ordinance No. 172 imposing a moratorium on second dwelling units in the R -A, R -E, R -0, R -1, R -2, R -P -D, PC, and SP Zones on properties of less than one acre; and WHEREAS, on June 16, 1993, the City Council adopted Interim Ordinance No. 174 imposing a moratorium on second dwelling units in the R -A, R -E, R -0, R -1, R -2, R -P -D, PC, and SP Zones on properties of less than one acre; and WHEREAS, Interim Ordinances Nos. 168 and 172 are no longer in effect and Ordinance No. 174 will expire on December 18, 1993; and WHEREAS, modification of the Zoning Ordinance provisions related to second dwellings is considered necessary to protect the public health, safety, and welfare of the City and its citizens; and WHEREAS, the City is currently experiencing overcrowding related problems in single - family residential areas that predominantly contain lots less than one - fourth acre in size; and WHEREAS, overcrowding problems include inadequate parking, diminished property values, noise, and loss of the character of single - family neighborhoods; and WHEREAS, at a duly noticed public hearing on September 7, 1993, the Planning Commission considered the proposed amendment to Section 8107 -1.7 of the Zoning Ordinance (No. 137), reached its decision, and adopted a resolution recommending City Council approval of the proposed Zoning Ordinance Amendment; and Ordinance No. 183 Page 2 WHEREAS, at a duly noticed public hearing on October 6, 1993, and a continued public hearing on October 20, 1993, the City Council considered the proposed Zoning Ordinance amendment, and reached its decision at a meeting on November 3, 1993; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. The City Council finds that the proposed Zoning Ordinance amendment is exempt from the California Environmental Quality Act based on Section 15305 of the State California Environmental Quality Act Guidelines. SECTION 2. The definition of Second Dwelling in Section 8102 -0 of Ordinance No. 137, the Moorpark Zoning Ordinance, is hereby amended to read as follows: "Second Dwelling - An attached or a detached residential dwelling unit which provides complete, independent, living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the existing single - family dwelling is situated." SECTION 3. Section 8107 -1.7 of Ordinance No. 137, the Moorpark Zoning Ordinance, is hereby amended in its entirety to read as follows: "Sec. 8107 -1.7 - Second Dwellin Sec. 8107 -1.7.1 - Standards and Requirements - A second dwelling, as defined in Section 8102 -0, requires approval of a Zoning Clearance, and compliance with all of the following standards and requirements: a. A second dwelling shall only be permitted on a residential zoned lot that is one - fourth acre (10,890 square feet) or larger in size. b. The lot on which a second dwelling is to be constructed shall contain an existing single - family dwelling, which is owner occupied at the time of application for a Zoning Clearance and Building Permit for the second dwelling. C. Prior to the approval of a Zoning Clearance for a second dwelling, the applicant shall be required to complete a neighborhood notification process, as established by city council resolution. Ordinance No. 183 Page 3 d. The maximum size of the second dwelling shall be limited to the more restrictive of either thirty percent (30 %) of the existing single - family dwelling floor space or the following lot size limitations: (1) Lots 10,890 square feet to 21,780 square feet - A second dwelling shall not exceed 800 square feet. (2) Lots 21,781 square feet to 43,560 square feet - A second dwelling shall not exceed 900 square feet. (3) Lots greater than One Acre to Five Acres (217,800 square feet) - A second dwelling shall not exceed 1,000 square feet. (4) Lots greater than Five Acres - A second dwelling shall not exceed 1,100 square feet. e. No more than one second dwelling is allowed on each lot. f. The second dwelling shall not be sold as a separate unit, but it may be rented. g. The lot must conform with the lot area, width, and depth requirements for the underlying zone. A second dwelling shall not be allowed on a legal non - conforming lot. h. Establishment of a second dwelling shall not create or increase a nonconforming use or structure. A second dwelling shall not be allowed on a lot which contains a legal non - conforming use or structure. i. Minimum yard setbacks from the property lines for the second dwelling and associated garage or carport structure shall be the same as is required for the existing single - family dwelling based on the more restrictive of either: 1) the setback requirements of an approved Residential Planned Development (RPD) permit (see Section 8109 -2.3), or 2) the setback requirements of the applicable zone district (see Article 6, Section 8106 -1.1). Ordinance No. 183 Page 4 j. Architectural standards of the second dwelling shall conform to the existing single - family dwelling through use of the appropriate building form, height, materials, and color. The roof material used for the second dwelling shall be equal to or of higher quality than that used for the existing single - family dwelling. k. The only accessory structures that may be attached to, or share a common wall with, a detached second dwelling are a garage or carport. 1. The following parking standards shall apply: (1) The number of parking spaces required shall be as follows: Second dwelling 800 to 900 square feet in size - One covered or uncovered parking space is required. Second dwelling larger than 900 square feet in size - Two covered or uncovered parking spaces are required. (2) The size of each required off - street parking space shall be an unobstructed minimum of 9 feet wide by 20 feet long. (3) The parking space(s) provided for the second dwelling shall not be located in a required dwelling unit setback and shall be paved. (4) The required off - street parking space(s) for a second dwelling shall be in addition to the parking required for the existing single - family dwelling, and shall be located on the same lot as the existing single - family and second dwellings. (5) Access to the parking area for a second dwelling shall be at least ten feet wide and paved. M. The Director of Community Development may approve the use of a mobilehome or a manufactured house on a fixed foundation as a second dwelling, if the design is compatible with the existing single - family dwelling and the surrounding community, and all of the mobilehome and manufactured housing standards of Section 8107 -1.3 are complied with. Ordinance No. 183 Page 5 n. A second dwelling processing fee, as established by city council resolution, shall be paid at the time of application for a Zoning Clearance for a second dwelling. Sec. 8107 -1.7.2 - Deferral of Decision on Application - The Director of Community Development may defer any approval or denial decision on an application for a Zoning Clearance for a second dwelling to the Planning Commission if the proposal: a. Involves significant public controversy; or b. Is in conflict with the standards and requirements of Section 8107 - 1.7.1; or C. May be precedent setting; or d. Should be deferred for any other cause deemed justifiable by the Director of Community Development." 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. 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, within fifteen (15) days after the passage and adoption thereof, cause the same to be published once 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. Ordinance No. 183 Page 6 PASSED AND ADOPTED this 17th 1993. Mayor of ti ATTEST: Lillian-E.-Hare City Clerk day of NOVEMBER City of Moorpar #; Califo s 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. 183 _ was adopted by the City Council of the City of Moorpark at a meeting held on the 17th day of NOVEMBER , 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 _ 19th day of NOVEMBER 1993. -- LA I ian E. Hare City Clerk PAUL W LAWRASON JR Mayor SCOTT MONTGOMERY Mayor Pro Tom PATRICK HoNTER Counalmembe• BERNARDO M PEREZ JOHN E WOZNIAK Councilmember Councilmember