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Home My WebLink AboutAGENDA REPORT 1993 1020 CC REG ITEM 09ATO: FROM: DATE: A G E N D A R E P O R T C I T Y O F M 0 0 R P A R K The Honorable City Council f ITEM -1• 14'. 'ARK. CAL�FC ^' `. Co I I Mecai;r,g AC7101 By Jaime Aguilera, Director of Community Developmente__ Prepared by Deborah S. Traffenstedt, Senior Planner 'Z October 14, 1993 (CC Meeting of 10- 20 -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 October 6, 1993, the City Council opened the public hearing for the above referenced Zoning Ordinance amendment. At that meeting, the City Council requested staff to revise the draft ordinance as discussed below, and return the corrected draft ordinance for City Council review at the October 20th meeting. DISCUSSION At the October 6th meeting, staff was directed to revise the draft ordinance to allow a second dwelling on residential lots one - fourth acre and larger in size. The maximum size of the second dwelling was to 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 - Second dwelling shall not exceed 600 feet. 2. Lots 21,781 square feet to 43,560 square feet - Second dwelling shall not exceed 700 square feet. 3. Lots greater than One Acre to Five Acres (217,800 square feet) - Second dwelling shall not exceed 900 square feet. 4. Lots greater than Five Acres - Second dwelling shall not exceed 1,100 square feet. dat- 10- 11- 931 3 :91pmC: \WP51 \stfrpt \2DU- ORD.rpt The Honorable City Council October 14, 1993 Page 2 The Council also directed staff to revise the parking regulations to require that one covered or uncovered space be provided for a second dwelling on lots one - fourth acre to one acre in size; and to require that two covered or uncovered spaces be provided for a second dwelling on lots one acre or larger in size. Refer to revised Sections 8107- 1.7.2.a, c, and k (1) through k (5) in 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. Attachment: Revised Draft Ordinance dst- 10- I1- 93/ 3 :41pwC:\WP5I\stfrpt\2DU- ORD.rpt 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 - 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. 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; 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 - Standards for Second Dwellings - Approval of a conditional use permit for a second dwelling shall be based on compliance with all of the following standards: 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, subject to approval of a Conditional Use Permit as specified in Section 8107- 1.7.1. Ordinance No. Page 3 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 Conditional Use Permit and Building Permit for tie second dwelling. C. 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 660 To square feet. (2) Lots 21,781 square feet to 43,560 square feet - A second dwelling shall not exceed 744 Q square feet. (3) Lots cheater than One Acre to Five Acres (217,800 square feet) - A second dwelling shall not exceed 4" square feet. (4) Lots greater than Five Acres - A second dwelling shall not exceed 1,100 square feet. d. No more than one second dwelling is allowed on each lot. e. The second dwelling shall not be sold as a separate unit, but it may be rented. f. 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. g. 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. h. 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. Page 4 i. 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. 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. The following parking standards shall apply: (1) The number of parking spaces required shall be as follows: Second dwelling 600 to 700 square feet in size - One covered or uncovered parking space is required. Second dwelling 900 to 1,100 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. 1. 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." Ordinance No. Page 5 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. PASSED AND ADOPTED this 1993. ATTEST: Lillian E. Hare City Clerk day of , Mayor of the City of Moorpark, California