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Home My WebLink AboutORD 196 1994 0921ORDINANCE 196 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARR, CALIFORNIA, AMENDING ORDINANCE NO. 189 FOR THE PURPOSE OF MAKING REVISIONS TO THE CITY'S ZONING ORDINANCE RELATING TO DIRECTOR OF COMMUNITY DEVELOPMENT APPROVED ADMINISTRATIVE PERMITS Whereas, The City Council adopted Ordinance No. 189 (Zoning) on March 2, 1994; and Whereas, On April 6, 1994, the City Council adopted a Resolution directing the Planning Commission to study, hold a public hearing, and recommend to the City Council modifications to the City's Zoning Ordinance relating to Director of Community Development Approved Administrative Permits in order to better regulate the uses in question for the benefit of the citizens of Moorpark; and Whereas, The Planning Commission held a public hearing to discuss this matter on May 9, 1994; and Whereas, On June 15, 1994, the City Council held a public hearing to discuss this matter and closed the public hearing; and Whereas, the City Council determined that the modifications to the City's Zoning Ordinance is categorically exempt pursuant to State CEQA Guidelines Section 15061 (b) (3) in that the proposed amendments to the Zoning Ordinance do not have the potential for causing a significant effect on the environment; and Whereas, the changes to the Zoning Ordinance as directed by the City Council are for the benefit of the health and welfare of the citizens of Moorpark. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. That the modifications to the City's Zoning Ordinance are categorically exempt pursuant to State CEQA Guidelines Section 15061 (b) (3). SECTION 2. That the Current Zoning Ordinance No. 189 is hereby amended as enumerated in Section 3 PP05:12:94110:23amA : \ORD 1 SECTION 3 NOTE: AN APPROVED RESIDENTIAL PLANNED DEVELOPMENT PERMIT IS REQUIRED MORE LOTS IN THE RA, RO, R -1, AND RE ZONES. Kennels Wild animals Boardinghouses andbed - and - breakfast inns _ Care kcilides• (so* also H&SC & W61C) Day: Care of 12 or fewer persons State kw requirement related to dal care facilities for 7 -12 _ Care of 13 or more persons _ Intermediate: Care of T or more persons see Definitions Residential: Care of 8 or fewer parsons Care of 7 or more persons Cemeteries Accessory crematories, oolumbaria and mausoleums Churches, synagogue and other buildings used for religious worshi Clubhouses (no alcoholic beverages) Communications facilities Drilling, temporary eol is (testing only) Dwelling, single-fam My* (2) (R- P -D zone: see also note 7 below) Moblehome, continuing nonconforming ANordable or elderly, built pursuant to Article 16 Dwellings, two - family, or two single - family dwellings (2) _ Affordable or elderly, built pursuart to Article 16 Dwellings, multi - family Affordable or elderly, built pursuant to Article 16 Dwellings, accessory structures For human hablestion: Mobilshome/RV as temporary dwelling during construction* Second dwelling* Room AddVdons Not for human habitation with or without bathroom Second story patio /deck Accessory structure over 120 square feet Over 1000 sqJt. per structure: or over 2000 s .h. per let Antenna, ground- mounted (noncommercial), above 40 feet* Dwellings, accessory uses Animals (1) Apicutur e" Aviarl as Farm animals* (other then horses /ponies) Horses ponies* Petanimals• More animals than are permitted by Sec 8107 -2.2 Wild animals Commercial uses, minor, for project residents Home occupation Storage, open* 1 Education and training *There are speck regulations for this use, see Article 7 19 —Sep -94 a:zonchart.wO ■ Administrative Permit Permitted Use • Planning Commission - Planned Development Permit 0 City Council - Planned Development Permit O Planning Commission - Conditional Use Permit ■ City Council - Conditional Use Permit OS AF RA RF RO RI R2 RPD TV I Nage 2 __��I a �I • �I • �� ■I ■I ■I ■I ■I ■I ■I �� 1 ■I ■I �I �� tl ■I ■I �� ■I ■I ■I ■i ■I ■I ■I �� Nage 2 Sec. 8106 -5.10 - Decks - When constructed at or below the level of the first floor of the building, a deck may extend into required side or rear setbacks, but may not occupy more than 40 percent of • required rear setback, nor be located closer than three feet to • side or rear property line. Two story homes proposing a second floor deck or balcony are subject to the same setback requirements as the main residence with the exception that the required rear yard setback for the second story balcony or deck shall not be less than ten (10) feet and the sideyard setback shall not be less than ten (10) feet. The color and the materials of the second story deck shall complement those of the main structure. Maximum height shall be twelve (12) feet, not including railing height. Sec. 8107 -1.7.1 - Standards and Requirements - A second dwelling, as defined in Section 8102 -0, requires approval of an Administrative Permit, and compliance with all of the following standards and requirements: Sec. 8111 -2.1.1 d. Administrative Permit - An Administrative Permit is a Director of Community Development approved permit based on a discretionary decision required prior to initiation of a use requiring the permit. Administrative Permits are subject to site plan review and may be conditioned in order to assure compliance with the requirements of this Chapter and with the purposes of the applicable zone. At least ten days prior to approval or denial of the permit, the Director shall provide a notice by regular mail of the Director's intention to approve or deny the permit to surrounding property owners within 300 feet of the property. All notices shall include the identity of the Director of Community Development as the approving authority, a general explanation of the matter to be considered, and a general description, in text or by diagram, of the subject property, a final date in which to send in comments and the hearing date. Prior to approval or denial of the Administrative Permit, a hearing date shall be set by the Director of Community Development. The public may attend the hearing and give testimony. The Director's decision is subject to an appeal period which shall end sixteen (16) calendar days after the Director's decision is rendered pursuant to Section 8111 -5, or on the following workday if the sixteenth day falls on a weekend or holiday. PP05:12:91 110 :23amA: \ORD 3 SECTION 4. That 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 sections, subsections, sentences, clauses, phrases, parts or portions be declared invalid or unconstitutional. SECTION 5. This Ordinance shall become effective thirty (30) days after the passage and adoption. SECTION 6. The City Clerk shall certif adoption of this Ordinance; shall enter th original ordinances of said city; shall passage and adoption t the City Council at shall, within fifteen thereof, cause the sam a weekly newspaper of 6008 of the Government hereby designated for hereof in the records which the same is (15) days after e to be published once general circulation, Code, for the City of that purpose. y to the passage and e same in the book of make a minute of the of the proceedings of and adopted; and ssage and adoption in the Moorpark News, as defined in Section Moorpark, and which is passed the pa PASSED, APPROVED AND ADOPTED this _ 1 St day of Sept., 1994. ATTES Lillian E. Hare City Clerk Paul W. awrason, Mayor 7---! PP05:12:94110:23aM : \ORD 4 MOORPARK 799 Moorpark Avenue Moorpark, California 93021 (805) 5296864 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. 196 was adopted by the City Council of the City of Moorpark at a meeting held on the 21st day of September , 1994, and that the same was adopted by the fol.lowinq vote: AYES: COUNCILMEMBERS HUNTER, MONTGOMERY. PEREZ,WOZNIAK, AND MAYOR LAWRASOK NOES : NONE ABSENT : NONE ABSTAIN: NONE WITNESS my hand and the official seal of said City this 92nd— day of September 1994. Lillian E. Hare City Clerk PAUL W. LAWRASON JR PATRICK HUNTER SCOTT MONTGOMERY BERNARDO M. PEREZ JOHN E. WOZNIAK Mayor Mayor Pro Tem Councilmember Councilmember Concilmember Pnnfea o� Recyced P#.t