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HomeMy WebLinkAboutAGENDA REPORT 1993 1006 CC REG ITEM 09BA G E N D A R E P O R T C I T Y O F M O O R P A R K ITEM 9,6 Council Moc ACTION: By -i TO: The Honorable City Council FROM: Jaime Aguilera, Director of Community Development o/. Prepared by Deborah S. Traffenstedt, Senior Planner'I>`�,— DATE: September 28, 1993 (CC Meeting of 10 -6 -93) SUBJECT: CONSIDER AMENDING ORDINANCE NO. 137, THE MOORPARK ZONING ORDINANCE, BY REVISING SECTIONS 8102 -0 AND 8107 -1.7 RELATIVE TO SECOND DWELLINGS BACKGROUND On May 19, 1993, the City Council adopted Resolution No. 93 -945, which initiated proceedings directing the Planning Commission to study, set a public hearing, and provide a recommendation to the City Council pertaining to the proposed changes to the City's Zoning Ordinance pertaining to second dwelling units. Subsequently, the City Council adopted three separate interim ordinances (Nos. 168, 172, and 174) imposing a moratorium on second dwelling units. Interim Ordinances Nos. 168 and 172 have expired. Ordinance No. 174 will expire on December 18, 1993, unless extended. On September 14, 1993, the Planning Commission held a public hearing and adopted a resolution (Attachment 1) recommending City Council approval of a draft ordinance prepared by staff (Attachment 2), which would amend Section 8102 -0 (Definitions) and Section 8107 -1.7 (Second Dwelling Provisions) of the Moorpark Zoning Ordinance. DISCUSSION The City Council initiated the amendment of second dwelling zoning regulations, because they were concerned that the existing standards (Attachment 3) for second dwellings were too lenient. When a single - family dwelling on Third Street was recently demolished, the property owner requested approval of two dwelling units that were of similar size on the one lot. Based on the current standards in the Zoning Ordinance, staff did not have any basis for denying the request. If this type of density were to be replicated on a consistent basis in the downtown area, the existing dst- 09- 28- 93110:23amC:\WP5I\STFRPT\CC2DU.RPT The Honorable City Council September 28, 1993 Page 2 single - family neighborhood would be seriously impacted. Overcrowding problems would result including inadequate parking, diminished property values, noise, and loss of the character of single - family neighborhoods. Staff has prepared a draft ordinance (Attachment 3) which will strictly control the maximum size and appearance of second dwellings. Staff has included a minimum lot size standard of one - half acre, and is proposing that second dwellings only be permitted in Rural Exclusive (R -E), Rural Agricultural (R -A), Single - Family Estate (R -O), Residential Planned Development (R -P -D), and Specific Plan (SP) Zones. Language has also been added which requires a Planning Commission Conditional Use Permit for all second dwellings. The City Attorney's comments have already been incorporated into the attached draft ordinance. RECOMMENDATION Adopt an ordinance amending Ordinance No. 137, the Moorpark Zoning Ordinance, by revising sections 8102 -0 and 8107 -1.7, introduce the ordinance for first reading, and waive full reading. Attachments: 1. Resolution No. PC -93 -283 2. Draft Ordinance 3. Existing Zoning Ordinance Section 8102 -0 (excerpt) and Section 8107 -1.7 dst- 09- 28- 93 110:23aW: \WP51 \STFRPT \CC2DU.RPT ATTACHMENT 1 RESOLUTION NO. PC -93 -283 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL AMEND 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 Resolution No. 93 -945 directing the Planning Commission to study, set a public hearing and provide a recommendation to the City Council pertaining to Section 8107 -1.7 of the Zoning Ordinance; 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 (Rural Agricultural) , R -E (Rural Exclusive) , R -O (Single Family Estate) , R -1 (Single- Family Residential) , R -2 (Two - Family Residential) , RPD (Residential Planned Development) , PC (Planned Community) , and SP ( Specific Plan) Zones on properties of less than one acre; and WHEREAS, Interim 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 -half 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) and reached its decision to recommend approval of the proposed Zoning Ordinance amendment; and NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. 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. Resolution No. PC -93 -283 Page 2 SECTION 2. The Planning Commission recommends that the City Council adopt the attached draft ordinance which would amend Ordinance No. 137, the Moorpark Zoning Ordinance, by revising sections 8102 -0 and 8107 -1.7 relative to second dwellings. The action with the foregoing direction was approved by the following roll call vote: AYES: Commissioner May, Torres, Brodsky, Miller and Wesner. NOES: ABSENT: PASSED, APPROVED, AND ADOPTED THIS 14th DAY OF SEPTEMBER, 1993. ATTEST: Celia La Fleur, Secretary to the Planning Commission Attachment: Draft Ordinance 2 Michael: a ner, Jr., jehairman ATTACHMENT 2 DRAFT ORDINANCE NO. 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 -half 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 WHEREAS, at a duly noticed public hearing on , 1993, the City Council considered the proposed Zoning Ordinance amendment, and reached its decision; Ordinance No. Page 2 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 Dwelling Sec. 8107 -1.7.1 - Conditional Use Permit Requirement - A Planning Commission Conditional Use Permit shall be required for a second dwelling, consistent with Section 8111 -2.1. Information required to be submitted with the application is specified on a list included as a component of the City's entitlement request application packet. Additional application information may be required by the Director of Community Development, consistent with Section 65944 of the State Government Code, to clarify, amplify, correct, or otherwise supplement the information required for the application and to comply with the provisions of Division 13, commencing with Section 21000 of the Public Resources Code. Sec. 8107 -1.7.2 - Designated Areas Where Second Dwellings Are Permitted - A second dwelling shall only be permitted on a residential lot that is one -half acre or larger in size and located in a R -E, R -A, R -O, R -P -D, or SP Zone District, subject to approval of a Conditional Use Permit, as specified in Section 8107- 1.7.1, and compliance with the standards included in Section 8107 - 1.7.3. Ordinance No. Page 3 Sec. 8107-1.7.3 - Standards for Second Dwellings - Approval of a conditional use permit for a second dwelling shall be based on compliance with the following standards: a. 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 Conditional Use Permit and Building Permit for the second dwelling. b. The maximum size of the second dwelling shall not exceed 30% of the existing single - family dwelling floor space, if attached, and shall not exceed 700 square feet of floor space, if detached. C. No more than one second dwelling is allowed on each lot. d. The second dwelling shall not be sold as a separate unit, but it may be rented. e. 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. f. 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. g. Minimum yard setbacks from the property lines for the second dwelling and associated garage 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). h. 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. i. The following parking standards shall apply: Ordinance No- Page 4 (1) One garage parking space is required for an attached or a detached second dwelling. (2) The size of each required garage parking space shall be an unobstructed minimum of 10 feet wide by 20 feet long. (3) Access to the garage parking for a second dwelling shall be at least ten feet wide and paved. Driveways serving more than two dwelling units shall be at least 18 feet wide. j. The only accessory structures that may be attached to, or share a common wall with, a detached second dwelling are a garage or carport. k. In conjunction with Conditional Use Permit approval, the Planning Commission 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." 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. Ordinance No. Page 5 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. PASSED AND ADOPTED this 1993. ATTEST: Lillian E. Hare City Clerk day of Mayor of the City of Moorpark, California ATTACHMENT 3 Sec. 8102 -0 - Definitions (Excerpt) Riding Stable - A facility where horses or other equine animals are rented to members of the public for recreational purposes, where riding lessons are offered for compensation to people other than the owners of said animals, whether or not the riding occurs on the property on which the animals are kept. Roof Structures - stairways, tanks, required to operat walls, skylights, solar collectors, structures. Structures for the housing of elevators, ventilating fans and similar equipment e and maintain the building; fire or parapet towers, flagpoles, chimneys, smokestacks, wireless masts, T.V. antennas and similar Schools, Boarding or Nonboarding - Educational facilities for pre - college levels of instruction; specifically limited to elementary, junior high and high schools offering full curricula as required by State law. Boarding schools are those which provide lodging and meals for the pupils. Second Dwelling - A detached accessory structure which has a bathroom and is intended for human habitation; or any detached accessory structure or attached room or other habitable area having accessory kitchen or cooking facilities. Structures referred to as guest houses, living quarters, granny flats and the like are considered to be intended for human habitation. A room or rooms having a bathroom and no means of internal access to the existing residence shall be considered a second dwelling. Setback - The minimum distance by which structures are to be separated from the boundary lines of the lot on which they are located, in order to provide an open yard area which is unoccupied and unobstructed from the ground upward. Setback, Front - An open yard area extending between side lot lines across the front of a lot, the depth of which is the required minimum horizontal distance between the front lot line and a line parallel thereto on the lot. Setback, Rear - An open yard area extending across the rear of the lot between the inner site lot lines which is the required minimum horizontal distance between the rear lot line and a line parallel thereto on the lot. Setback, Side - An open yard area extending from the front yard, or the front lot line where no front yard is required, to the rear yard; the width of the required side yard shall be measured horizontally from the nearest part of the side lot line. Shall and May - "Shall" is mandatory; "May" is permissive. IU i `r' 0 Sec. 8107 -1.6.3 - With the exception of boats and unstacked automotive vehicles, the materials shall be limited to a height of six feet. Sec. 8107 -1.6.4 - Open storage must be accessory to the principal use of the property, and not related to any off - site commercial business or activity. Sec. 8107 -1.6.5 - The following are not considered to fall within the definition of open storage, and are therefore exempt from the above open storage regulations: a. Materials or equipment kept on any lot for use in construction of any building or room addition on said lot for which a Zoning Clearance and necessary building permits are obtained and in force, provided that such storage is neat and orderly, and does not exceed an area equal to the gross floor area of the building or addition under construction. Stored materials shall be installed within 180 days of their placement on the lot; however, the Planning Director may grant a time extension for good cause, based on a written request from the applicant. b. Items used periodically or continuously on the property by the resident(s) thereof, such as outdoor furniture, trash cans or barrels, equipment for maintenance of the property, outdoor cooking equipment, and recreational equipment, accessory to the principal use. c. Operative vehicles, and boats, vehicles, or other items placed on trailers which are operative and licensed for travel on public thoroughfares. d. One cord ( 128 cubic feet) of firewood, if stored in a neat and orderly manner in one location on the lot. Sec. 8107 -1.7 - Second Dwellings - A second dwelling with complete, independent living facilities may be created on lots which contain an existing single - family detached residence and no other dwellings, other than an authorized farm worker dwelling, subject to Sec. 8105 -4 and the following: Lots 7,000 sq. ft. to 10,000 sq. ft. The gross floor area of the second dwelling unit shall not exceed 700 sq. ft. or no more than 40% of the required rear yard which ever is lessor. One covered or uncovered off street parking space, not located in a required setback, is required for this dwelling unit. 55 Lots 10,001 to 20,000 sq. ft. The gross floor area of the second dwelling unit shall not exceed 800 sq. ft. or no more than 40% of the required rear yard whichever is lessor. One covered off street parking space not located in a required setback, is required for this dwelling unit. Lots 20,001 to 43,560 sq. ft. The gross floor area of the second dwelling unit shall not exceed 900 sq. ft., nor shall it be located in any required setback. A two car covered parking space is required for this dwelling unit. Lots from over one acre - five acres The gross floor area of the second dwelling unit shall not exceed 1, 000 sq. ft., nor shall it be located in any required setback. A two car covered garage is required. Lots over five acres The gross floor area of the second dwelling unit shall not exceed 1,100 sq. ft., nor shall it be located in any required setback. A two car garage is required. A. A second dwelling unit over the allowable quare footage may be approved if the existing single - family dwelling on the property does not exceed the allowed square footage in gross floor area and does not exceed the height limit for structures in the zone. In such cases, the larger dwelling shall be considered the principal dwelling with regard to height and setback standards, and the smaller dwelling shall be considered the second dwelling with regard to future expansions. In all cases the total off street requirements for both the principal as well as the second dwelling unit must be met. B. The second dwelling shall not be intended for sale, but may be rented. C. Lot must conform with the lot area. width, and depth requirements for the underlying zone. Any lot which does not conform to such requirements shall not be granted approval for a second dwelling unit. D. The second dwelling unit must have adequate public utility facilities to serve it, including, but not limited to sewer, water, and streets. E. The second dwelling unit, including any portion of the preexisting primary unit which would be incorporated into a second dwelling unit, must comply with the Building Code. Fire Code, Health and Safety Codes, and noise insulation 401 standards applicable at the time the building permits for the second dwelling unit is requested. The primary dwelling unit shall be brought into compliance with the Uniform Housing Code prior to Occupancy of the second dwelling unit. F, Architectural standards of the second dwelling unit shall conform to the existing owner occupied residential dwelling through use of the appropriate building form, height, materials, and color. Elevations and floor plans shall be submitted as part of the Zoning Clearance application and shall be subject to Community Development Director review and approval. G. Establishment of a second dwelling unit shall not create or increase a nonconforming use or structure. H. All parking spaces shall be a minimum nine -foot by 20 -foot paved on cement and shall be provided on -site for the dwelling unit. An uncovered parking space may intrude into a front or side setback, provided that all of the following conditions are met: (1) The space is not closer than ten feet to any front lot line; (2) The long dimension of the space is parallel to the centerline of the nearest driveway on the lot; (3) The space is not located in the driveway access to the required parking for the principal dwelling. I. The second dwelling may be attached or detached from the existing single family residence for second dwelling units not greater than 800 sq. ft. Second dwelling units greater than 800 sq. ft. will be considered as a separate accessory structure. J. The second dwelling unit shall meet development standards and requirements which apply to single family dwellings. The second dwelling unit will not be allowed in areas where adequate water supply and sewage disposal cannot be demonstrated. Where water or sewage service is to be provided through a public or private utility, will serve letters from the responsible utility company shall be provided. K. No more than one second dwelling unit is allowed on each lot. L. No other accessory building shall be combined with a detached second dwelling, except that a second dwelling may be attached to a garage or carport, if required. If a second dwelling unit is attached to a garage, the common wall between the garage and the second dwelling may not be longer than 22 feet, and the required parking must begin alongside and not more than two feet from said common wall. A second 57 dwelling may be attached to a garage or carport which is itself attached to another accessory use such as a recreation f �. room or workshop, provided the second dwelling unit is no greater than 800 sq. ft. and there is no common wall between the second dwelling and the other accessory use. M. Mobile homes on fixed foundations may be used as second dwelling units if approved by the Director of Community Development and the design is compatible with the principal dwelling and the surrounding community. Sec. 8107 -1.8 - Use of Structures for Dwelling Purposes - Structures may not be used for human habitation except as specifically permitted in this Chapter. Sec. 8107 -2 - STANDARDS RELATING TO ANIMALS Sec. 8107 -2.1 - Pet Animals - The keeping of pet animals is permitted in addition to the animal units permitted under Section 8107 -2.2 and the table on the following page, subject to the following provisions: Sec. 8107 -2.1.1 - Multi- family dwellings and occupied spaces in mobilehome parks are permitted any combination of cats and dogs, up to a maximum of four animals per dwelling unit. Sec. 8107 -2.1.2 - For all other dwellings, any and all of the following pet animals are permitted on each lot, with no minimum lot area: 4 dogs and 4 cats 4 rabbits or other domestic animals of similar size at maturity, caged Up to 4 of any combination of the following: Chickens (excluding roosters), cooped Ducks, penned Goose or turkey (limit 1), penned Domestic birds (enclosure must be set back at least 15 feet from any dwelling on adjoining property). Sec. 8107 -2.1.3 - The offspring of animals are allowed and shall not be counted until they are of weanable or self - sufficient age. Dogs and cats shall be counted at four months of age or more.