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HomeMy WebLinkAboutAGENDA REPORT 1993 1020 CC REG ITEM 11M- ' t ITEM_u_.LL AGENDA REPORT TO: The Honorable City Council TDN: FROM: Jaime Aguilera, Director of Community Developmen Paul Porter, Senior Planner �, DATE: October 5, 1993 (CC meeting of October 20, 1993) SUBJECT: REVISIONS TO CITY'S ZONING ORDINANCE Background On December 16, 1992, the City Council began the public hearings on the proposed changes to the City's Zoning Ordinance and closed the public hearing on February 24, 1993. The Council directed staff to make additional changes to the Zoning Ordinance and to bring the draft Ordinance back for the Council's review prior to having the proposed changes reviewed by the Planning Commission. On July 24, 1993, the City Council directed staff to have the Planning Commission review the City Council proposed changes prior to bringing the Zoning Ordinance back to the City Council for final review. In addition to the proposed revisions to the Zoning Ordinance, the Planning Commission reviewed the following Ordinance sections pursuant to the City Council's direction: 1. Section 8105 -4 Permitted Uses in Open Space, Agricultural and Special Purpose Zones - The Planing Commission should review the uses presently allowed in the Open Space Zone and in the proposed "Institutional" zone and make recommendations as to deletions or deletions to those zones. 2. Section 8106 -1.1 - Review the existing setbacks and make recommendations to increase or decrease those setbacks. 3. Section 8106 -8.6 - Light Fixtures - Make a recommendation regarding item (a) maximum height of lighting fixtures and review the Public Works Director's standard conditions; and (b) examine whether the existing general standards should remain, or should they be augmented by adding the public works standard conditions? The Planning Commission reviewed the public works standards and indicated that the public works standards are for public street lighting and not appropriate for lighting on private property. PP10:05:93 19:03emA:\CC3.MAN 4. Section 8107 -1.7. - Planning Commission sh4 for this section. restrictive and by regulations, preclude antennas. Satellite Dish Antennas - The Auld review the screening standards These standards may be overly the nature of the proposed the existence of these type of 5. Section 8108 -1 (y) (1) - The Planning Commission should determine whether mobile homes within Mobile Home Parks should require 2 covered spaces per unit or be changed to allow one covered and one uncovered space? 6. Section 8109 -2.3 - RPD Zone Setback Regulation - The Planning Commission should review these setback and determine whether the setbacks should be more flexible to accommodate various types of residential projects. 7. Section 8111 -7.1.3 (a) - Permit Adjustment - The Planning Commission should determine a "not to exceed" number for the section allowing the Director discretion to increase the square footage of a building. The proposed changes were brought discussion on September 7, 1993. discussions on the proposed changes 1993. Discussion to the Planning Commission for The Commission finished their at their meeting of October 4, Staff has incorporated the Planning Commission's recommended changes into the attached draft of the City's Zoning Ordinance. For ease in reading, all of the proposed changes are in legislative format. This includes the previous recommended changes to the Ordinance presented to the City Council beginning on January 13,1993 and the additional Planning Commission recommendations. The proposed Ordinance does not address the recent changes to Article 10 - Sign Requirements that has recently been reviewed by the Planning Commission. The types of proposed clean -up actions to the ordinance include, but are not limited to the following changes. The following items shown in bold are the additional Planning Commission recommended changes. 1. Page 3 - modified definition of "Animals, Farm ". 2. Page 5 - added definition for "Church ". 3. Page 5 - Modified Definition of "Commercial Vehicle ". 4. Page 5 - Modified definition for "Day Care Facility ". PP10:05:93 19:03emA:\CC3.XEM 2 5. Page 7 - deleted definition of "Family ". 6. Page 10 - Modified definition of "Motion Picture and Television Production" to include provision for vehicles. 7. Sec. 8105 -3 j. added retaining walls 3 feet or less. 8. Page 13 - Modified definition of "Swap Meet ", modified definition of "Vehicle Abandoned" and added definition of "Temporary Special Use Permit ". 9. Page 17 - Sec. 8104 -1.1 - modified definition of Open Space Zone 10. Section 8105 -5 - Eliminated requirement for Churches in the M- { 1 Zone to have a Conditional Use Permit ( This has already been incorporated into the Zoning Ordinance). 11. Modified allowed uses in Open Space Zone to be consiste with the revised definition of Open Space Zone. Periodic utdoor sporting events and Temporary outdoor festivals an similar events would be allowed with a City Council approved Conditional Use Permit. The following allowed7uses were recommended to be eliminated: Airfields and lan4ing stripsf private; day care facilities of between 7 - 33 children, colleges and universities; temporary outdoor'; government buildings; correctional institutions; law enforcement facilities; hospitals for large animals; community centers for farm workers and nonprofit farm community organizations; geothermal spas; recreational vehicle parks; retreats; and shooting ranges and gun clubs. 12. Modif ication to setback from streets as found in Section 8106- 1.2 from 30 feet for all existing and planned four and six lane arterials to 20 feet. 13. Page 33 - modification to Section 8106 -5 d. 14. Page 33 - Added section regarding parking of a trailer, bus or similar recreational vehicles in setback areas and parking in setbacks on page 47. 15. Page 35 - Modified requirements for second story decks and patio covers. 16. Pages 37 - Added requirement that fixtures must provide sharp cut -off qualities to minimize spill -off at property lines. 17. Modifications to Section 8107 - Satellite Dish Antennas beginning on Page 43. PP10:05:93 19:03amA :\CC3.M9M 3 18. Beginning on Page 44 Section 8107 -2 - "Standards Relating to Animals" has been rewritten. 19. Page 67 - Parking requirement for churches has been modified. 20. Page 67 through 72 - Parking requirements for some uses have been decreased. The reason for this is to increase the AVR (Average Vehicle Ridership) and to act as a TCM (Transportation Control Measure) in order to help reduce air emissions from vehicles. As an additional TCM measure, staff has modified Section 8108 -1.1 - Mixed Uses allowing a reduction in parking requirements for mixed uses that have different peak parking times. TCM measures such as shared parking and decreasing parking standards have been discussed as appropriate methods of reducing vehicular emissions at monthly Transportation Control Measure (TCM) Working Group meetings held by the County of Ventura Air Pollution Control District. Planning Commi.ssjon clarified the parking for schools as being for "non public" schools and recommended changes to parking in industrial zones allowing for compact parking spaces. 21. Page 72 - Modified Section (c) to allow off -set of required parking spaces if motorcycle parking provided. 22. Page 72 - Parking aisle and space dimension requirements have been modified. 23. Beginning on Page 80, (Section 8109 - 2.3.2), the Planning Commission recommended changes to the setbacks in Residential Planned Development Zones. 24. Page 84 - Modified to address requirements for metal buildings. 25. Page 99 - Section added for "Temporary Special Use Permit ". 26. Page 100 - Additional finding added to "Permit Standards" regarding compatibility with surrounding properties. 27. Page 101 - City's Zoning and Subdivision Ordinance referred to rather than "Chapters 1 and -211. 28. Pages 106 - Modified requiring posting of property 11, not 10 days prior to hearing and placement of signs regarding public hearings. PP10:05:9319:03aMA: \CC3.MBM 4 29. Page 108, Planning Commission recommended a change to Section 8111 -7.1.4 a. recommending approval of Permit Adjustments for increases or decreases not to exceed 2,000 sq. ft. or 10% whichever is less, not to exceed more than one request per year. In addition, the Council approved "Density Bonus Provisions" have been incorporated in Article 16 of the attached Ordinance. Section 8111 -8.1 regarding appeals has also been incorporated in the Ordinance. This provision increases the number of days to file an appeal from 15 to 16 days and states that approval of a Zone Clearance or other ministerial approvals are not appealable other than by the applicant of the Ministerial Approval. Planning Commission Request that the City Council Direct the Planning Commission to Study Additional Issue At the Planning Commission meeting on October 4, 1993, the Planning Commission reviewed the attached information from the City of Thousand Oaks relating to Large Day Care Facilities. The City of Thousand Oaks requires a Special Use Permit for the operation of such a facility. In accordance with Section 1597.46 of the Health and Safety Code, the State of California has partially preempted regulation by local jurisdictions of Large Day Care Facilities involving care of seven to fourteen children, while regulation of Small Family Day Care Facilities where care is provided to six or fewer children are fully exempted from local regulation. The State prescribes that Large Day Care Facilities shall not be prohibited, but that local jurisdictions do one of the following: 1. Grant a nondiscretionary permit subject to compliance with reasonable standards, restrictions, and requirements regarding the spacing and concentration, traffic control, parking and noise control, fire safety and subdivision regulations relating to the dwellings in the residential area; or 2. Require any Large Day Care Facility to apply for a permit to use a lot zoned for single - family dwellings. The use permit shall be granted if the large day care home complies with local ordinances and prescribes to reasonable standards, restrictions and requirements regarding the spacing and concentration, traffic control, parking and noise control, fire safety and subdivision regulations relating to the dwellings in the residential area. PP10:05:93 19:03amA:\CC3.N&N 5 The Planning Commission requests that the City Council direct the Planning Commission to set a public hearing on this issue and study it further to determine if the City should establish special criteria for Large Day Care Facilities. Recommendations: 1. Find that the modifications to the City's Zoning Ordinance are categorically exempt pursuant to State CEQA Guidelines Section 15061 (b) (3). 2. Review the proposed changes, and advise staff of any additional recommended changes to the Zoning Ordinance. 3. Adopt the attached Resolution directing the Planning Commission to review requirements for Large Day Care Facilities. 4. Introduce Ordinance No. (Zoning Amendments) for first reading. Attachments: 1. Resolution directing the Planning Commission to review requirements for large day care facilities. 2. Draft Ordinance PP10:05:93 19:03amA:\CC3.MEM 6 RESOLUTION NO. CC -93- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA INSTRUCTING THE PLANNING COMMISSION TO CONSIDER PROPOSED CHANGES TO THE CITY'S ZONING ORDINANCE PERTAINING TO LARGE DAY CARE FACILITIES Whereas, on February 20, 1991, the Council adopted the then current County Ordinance with several modifications; and Whereas, the Planning Commission at their meeting on October 4, 1993 noted a need to review the requirements of the City for large day care facilities in order to better regulate the uses in question for the benefit of the citizens of Moorpark; and Whereas, Section 8115 -1.1. a of Article 15 of Division 8, Chapter 1 of the Municipal Code provides that the City Council may initiate proceedings to consider amendments to the Zoning Code by the adoption of a resolution of intention requesting the Planning Commission to set the matter for study, public hearing, and recommendation within a reasonable time; and Whereas, on November 3, 1993, the City Council directed the Planning Commission to study, set a public hearing and provide a recommendation to the City Council pertaining to the Zoning regulations for large day care facilities; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. On November 3, 1993, the City Council directed the Planning Commission to study, hold a public hearing, and recommend to the City Council modifications to the City's Zoning Ordinance relating to the regulations for large day care facilities in order to better regulate the uses in question for the benefit of the citizens of Moorpark. PASSED, APPROVED, AND ADOPTED THIS 3RD DAY OF NOVEMBER, 1993. Paul W. Lawrason, Jr. Mayor ATTEST: Lillian E. Hare City Clerk PP10 :05:93 13:21pmA :\DAYCAR.RES 1 ATTACHMENT 1 ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, AMENDING ORDINANCE NO. 137 FOR THE PURPOSE OF MAKING REVISIONS TO THE CITY'S ZONING ORDINANCE Whereas, On February 20, 1991, the Council adopted the then current County Ordinance with several modifications, now known as City of Moorpark Ordinance 137; and Whereas, in using the Ordinance, staff and the City Council have noted that there has been a need to make several minor modifications in order to clarify certain sections of the Ordinance and to better fit the needs of the City; and Whereas, on November 2, 1992, the Planning Commission recommended that the City Council make modifications to the City's Zoning Ordinance in order to clarify certain sections of the Ordinance and to better fit the needs of the City; and Whereas, on December 16, 1992, the City Council began the public hearings on the proposed changes to the City's Zoning Ordinance and closed the public hearing on February 24, 1993; and Whereas, on July 24, 1993, the City Council directed staff to have the Planning Commission to again review the new City Council proposed changes prior to bringing the Zoning Ordinance back to the City Council for final action; and Whereas, on September 7, 1993, the Planning Commission concurred with the City Council modifications to the City's Zoning Ordinance in order to clarify the Ordinance and to better fit the needs of the City; 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 does 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). PP10:11:9313:10PMA:\ZONORD.ORD 1 ATTACHMENT 2 SECTION 2. That the Current Zoning Ordinance No. 137 is hereby amended as enumerated in Section 3. SECTION 3. INSERT REVISED ZONING ORDINANCE 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 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, 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, APPROVED AND ADOPTED this _ day of , 1993. Paul W. Lawrason, Jr. Mayor ATTEST: Lillian E. Hare City Clerk PP10:11:93 13:10PmA:\Z0N0RD.0RD 2