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HomeMy WebLinkAboutAGENDA REPORT 1991 0206 CC REG ITEM 09APAUL W. LAWRASON JR, Mayor BERNARDO M.PEREZ Mayor Pro Tem SCOTT MONTGOMERY Councilmember JOHN E. WOZNIAK Councilmember LILLIAN KELLERMAN City Clerk TO: FROM: DATE: of -7/2.5 MOORPARK ITEM q• A• C*fc%"M"" 3 1941 MEMORANDUM The Honorable City Council STEVEN KUENY City Manager CHERYL J. KANE City Aftomey PATRICK RICHARDS, A.I.C.P. Director of Community Development JOHN F. KNIPE City Engineer JOHN V. GILLESPIE Chief of Police RICHARD T. HARE Patrick J. Richards, Director of Community DeveGj16D&1 January 28, 1991 (CC meeting of February 6, 1991) SUBJECT: PROPOSED NEW ZONING ORDINANCE Background At the City Council meeting on January 23, 1991 staff gave the City Council the proposed Zoning Ordinance for review. At that time, Council member Perez requested staff to report back to the Council concerning whether day care facilities would be allowed in residential zones. On January 23, 1991 staff also gave the City Council a memorandum relating to additional definitions to be placed in the Zoning Ordinance relating to hazardous wastes. These definitions will be added to the Zoning Ordinance prior to printing. On January 28, 1991, staff transmitted a memorandum to the City Council concerning small and large day care facilities in residential zones. Day care facilities are allowed in residential zones, but depending on their size, various permits and processes are involved. Discussion Current state law requires that small family day care facilities (6 or less ,persons) be considered a residential use of property for the purpose of all local ordinances and that no local jurisdiction shall impose any business license, fee or tax for the privilege of operating a day care home. State law also states that large family day care homes (7 -12 persons) may not be prohibited by a city, but shall do one of the following: 1• Classify these homes as a permitted use of residential property for zoning purposes. 2. Grant-a nondiscretionary permit to use a lot zoned for a single - family dwelling to any large family day care home that complies with local ordinances prescribing reasonable standards. 1 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 For large family day care homes, not less than 10 days prior to the date on which the decision will be made on the application, the City shall give notice of the proposed use by mail or delivery to all owners shown on the last equalized assessment roll as owning real property within 100 foot radius of the exterior boundaries of the proposed large family day care home. No hearing on the application for a permit issued shall be held before a decision is made unless a hearing is requested by the applicant or other• affected person. To make the proposed Zoning Ordinance consistent with State law, staff had added the following to Section No. 8105 -4 of the proposed Zoning Ordinance (Permitted Uses in the Open Space, Agricultural and Special Purpose Zones): 1. A section for large family day care facilities in residential zones from 7 -12 persons be added showing that it is permitted in all zones and place a note stating that State law requirements apply (see attached page 32 of the draft Zoning Ordinance). The applicant will be required to obtain a Zoning Clearance and to pay all direct staff costs for processing. 2. The section currently relating to large family day care facilities for 7 or more persons in residential zones shall be changed to 13 or more persons. This would require a Planning Commission approved Conditional Use Permit for any private or commercial day care facility having more than 12 children. The proposed Zoning Ordinance is intended to be temporary as the City intends to begin working on the rewriting of the Zoning Ordinance after completion of the General Plan update. It will be necessary to amend the Section numbers of the proposed Zoning Ordinance to correspond with the appropriate numbers in the Municipal Code. Staff can complete this task prior to final printing of the Zoning Ordinance. Recommendation 1. That the Council determine that the project is categorically exempt pursuant to Section 15061 ( b ) ( 3 ) of the State CEQA Guidelines'. 2 n 2. Rescind the current Zoning Ordinance in its entirety along with Ordinance Nos: 74 (Parking /Setbacks), 76 (Maximum Density), 113 (Signs), 83 (Produce stands), 112 (Day care facilities), 121 (1000' notification), and 130 (RPD zones) and adopt the current County Ordinance with the modifications as approved by the City Council. 3. Introduce the Ordinance for first reading. Attachments: 1. Ordinance rescinding current Ordinance and adopting the proposed Zoning Ordinance. 2. Modification to Section 8105 -4 of the proposed Zoning Ordinance P7r /PP 3 ORDINANCE NO. AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA, RESCINDING THE CURRENT ZONING ORDINANCE AND ADOPTING A NEW ZONING ORDINANCE SHOWN AS EXHIBIT A WHEREAS, since adoption of the County's Zoning Ordinance, several amendments have been made due to public necessity, convenience, general welfare and good zoning practice by the City; and WHEREAS, these approved Ordinance amendments have never been placed in the Ordinance Code Book; and as a result. it has been necessary for staff to establish a separate binder with all the appropriate changes to keep track of matters; and WHEREAS, the City Council has reviewed the recommendation to rescind the current Ordinance and directed staff to rework the current County Ordinance into the Moorpark Zoning Code until such time that the General Plan is updated and the City rewrites a new Zoning Code; and WHEREAS, the Planning Commission held public hearings on this matter beginning on October 2, 1989 and made specific recommendations for changes in order to address the City's concerns; and WHEREAS, the City Council opened and closed public hearings on this matter and reviewed recommended changes to the proposed Zoning Ordinance on September 5 and 19, 1990; and WHEREAS, requested changes to the Zoning Ordinance as directed by the City Council have been made to the Ordinance; and WHEREAS, the City Council has determined that the proposed rescinding of the current Zoning Ordinance along with Ordinance Nos: 74 (Parking /Setbacks), 76 (Maximum Density), 113 (Signs), 83 (Produce Stands), 112 (Day care facilities), 121 (1000' notification), and 130 (RPD zones) in their entirety, and adoption of the current County Ordinance with modifications noted in the attached Ordinance (Exhibit A) is categorically exempt from State CEQA Guidelines pursuant to Section 15061 (b) (3) in that the adoption of the Ordinance does not have the potential for causing a significant effect on the environment. NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1. That the project is categorically exempt pursuant to State CEQA Guidelines pursuant to Section 15061 (b) (3) in that the adoption of the Ordinance does not have the potential for causing a significant effect on the environment. SECTION 2. That the current Zoning Ordinance and Ordinance Nos: 74, 76, 113, 83, 112, 121, and 130 are rescinded in their entirety. SECTION 3. That the City Council adopts the attached Zoning Ordinance attached (Exhibit A). SECTION 4. That if any section, subsection, sentence, clause, phrase, or word of the attached Ordinance (Exhibit A) is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not effect the validity of the remaining portions of this Ordinance. The City Council of the City of Moorpark hereby declares that it would have passed and adopted this Ordinance and each and all provisions thereof, irrespective of the fact that any one or more of said provisions may be declared to be invalid. PASSED, APPROVED AND ADOPTED this day of January, 1991. ATTEST: Lillian E. Kellerman City Clerk Mayor Paul W. Lawrason Jr. City of Moorpark OS AE RA RE RO R1 R2 RFD TP Agriculture coatd. Accessory uses including open store e• (1) O 10 Fuel storalte (1) Insectaries for pest control 200 1 1 1 I o I { Packin storage or relic. rocessia of crops: Without structures 1 Airfields and landia ads and strips, private 4100CE O 101 —(Q Q Q Animals none ricultural see also Dwellia s acce3sory uses 6 structures see Anlaal husbandry rennels Q Wild animals Boardinghouses and bed- and - breakfast inns Q Q Q Q Q Care facilities • see also R.&S.C. and W.SI.C. State Day: Care of 12or fever erson care Ydw requrem r o y CiffieS for 7 --n 12 s persons a O O 000101 Care of 13 or more persons e e e e e e 1 Intermediate: Care of 7 or more persons sea Definitions} IQ IQ QIQI Q Residential: Care of 6 or fewer persons 0101010 0 0100 1 Care of 7 or more erson Cemeteries Q Q C Q Q Q 1 Acccssory crematories columbaria and mausoleums Q Q Q Cburche• symsiLo-Itues and other buildin s used for religious war ship Q Q Q1Q Q 8 Q Q GIG Q 1 C 1 e GI Clubhouses no alcoholic be�era es Coasuaications facilities Drillia te=%ora eolo is testis only) 18 1 Q 8 e Q e el Dwellia sin le -faail (Z) R -P -D zone: see also note 7 below 0 O Q e O e 0 1O e 1 Mobilehoa.i continuing noaconforain e e e Affordable or elderly, built rsuant to Article 16 Dwellings. two -faail or two sic le -fasil dwellings (2) O1 O Affordable or elderl built ursuaat to Article ]6 Dwellings, multi- iasril Affordable or elderly- built urauant to Articie 16 Dwellia s acceaso strvetnres For human habitation: i Hobilehone RV as temporary dwelling durinE construction* 000 10 O o o {o Second dve111n * QQlolo o 0 010 { Hot for human habitation with or without bathroom); { GPA ineludint —4-4 -- accessory structure: i}, f /M t Over 600 to 1000 sq.ft. Over 1000 ag.ft. Per structure; or over 2000 sa ft per lot Antennas, around - mounted (noncocaercial), above 60 feet* There are specific regulations for this use; see Article 7. (1) See also Sec. 8105 -3. (2) See Article 8 for parking standard. 32 ;vvlv�VIVIUIUIC {o,00000lol i G 1 G I G GIOI '&ie G—cG -GI ~ PAUL W. LAWRASON JR. Mayor BERNARDO M.PEREZ Mayor Pro Tem SCOTT MONTGOMERY Councilmember JOHN E. WOZNIAK Councilmember LILLIAN KELLERMAN City Clerk a MOORPARK ITEM q.�• MEMORAMUM TO: The Honorable City Council MOORPAM CAUFOM'AA STEVEN KUENY City City Manager CHERYL J.KANE of 2 1991 City Attorney _ zl_ ACTION: PATR K RICHARDS, A.I.C.P. Director of _ Community Development JOHN F. KNIPE BY City Engineer JOHN V. GILLESPIE Chief of Police RICHARD T. HARE City Treasurer FROM: Patrick J. Richards, Director of Community Development DATE: December 18, 1990 (CC meeting of January 23, 1991) SUBJECT: ZONING ORDINANCE UPDATE Background The present Zoning Ordinance adopted by the City of Moorpark was written by the County of Ventura in the early 19601s. It was revised by the County at various times in a piecemeal fashion during the 1970's until totally rewritten by the County in 1983. The County's Ordinance was revised in part because sbveral of its sections lacked clarity, the length of the Ordinance was cumbersome and some of the County's philosophy had changed since the Ordinance's adoption in the 1960's. The revised County Ordinance has been greatly simplified in that it took out the ambiguity of its predecessor and reduced the length by approximately two - thirds without making substantive changes in content. Since the City adopted the County's Ordinance, several amendments have been made due to public necessity, convenience, general welfare and good zoning practice by the City. These approved Ordinance Amendments have never been placed in the Ordinance Code Book. As a result, it has been necessary for staff to establish a separate binder with all the appropriate changes just to keep track of matters. This has made it difficult for staff and the public to operate in a business -like manner. The City Council has reviewed the recommendation to rescind the current Ordinance and directed staff to rework the current County Ordinance into -the Moorpark Zoning Code until such time that the General Plan is updated and the City rewrites a new Zoning Code. The Planning Commission began reviewing the current County Zoning Ordinance on October 2, 1989 and made specific recommendations for changes in order to address the City's concerns. The attached Ordinance reflects these recommendations. These changes and subsequent City Council recommended changes to the Zoning have been ,I / 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 placed in bold for the readers convenience. On September 5 and 19, 1990, the City Council reviewed recommended changes to the proposed Zoning Ordinance as proposed by the Planning Commission and the City Council. Discussion At the City Council meeting of September 19, 1990, staff recommended that the revisions to the second dwelling unit provisions of the proposed Zoning Ordinance be reviewed. Council also advised staff of other needed changes to the Zoning Ordinance and continued the matter to the next regular meeting of October 3, 1990. On October 3, 1991, the City Council reviewed the changes to the second dwelling unit provision and directed staff to bring this matter to the Council once the provisions relating to the Tanner Plan and RPD Permit requirements were incorporated into the Ordinance. This changes have since been included into the attached Ordinance. The City Council has recently approved the use of schools in the M- 1 zone. This has been incorporated in Section 8105 -5 of the attached Zoning Ordinance. Recommendation 1. In as much that this is a lengthy document and it is the first time either the Council or the public has had the opportunity to review the Ordinance in its entirety, staff recommends that the City Council open the public hearing regarding the proposed Zoning Ordinance, take testimony and continue the public hearing until the Council's regular meeting on February 6, 1991. Attachments: 1. Revised Zoning Ordinance 2. Ordinance rescinding current Zoning Ordinance and adopting the Zoning Ordinance shown as Exhibit A. PAUL W. LAWRASON JR. Mayor BERNARDO M.PEREZ Mayor Pro Tern SCOTT MONTGOMERY Councilmember JOHN E. WOZNIAK Councilmember LILLIAN KELLERMAN City Clerk Kelp MOORPARK MEMORANDUM The Honorable City Council jil .5 STEVEN KUENY City Manager CHERYL J.KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development JOHN F. KNIPE City Engineer JOHN V. GILLESPIE Chief of Police . RICHARD T. HARE City Treasurer FROM: Patrick J. Richards, Director of Community Development DATE: January 23, 1991 SUBJECT: ADDITION TO DEFINITIONS FOR ZONING ORDINANCE UPDATE (ITEM NO. 9B) In reviewing Article 2 of the proposed Zoning Ordinance the following two definitions will be added to the final version: Hazardous Waste - A waste, or combination of wastes which because of its quantity, concentration, or physical, chemical or infectious characteristics may do either of the following: 1. Cause or significantly contribute to an increase in mortality or increase serious irreversible, or incapacitating reversible illness. 2. Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, or disposed of, or otherwise managed. Unless expressly provided otherwise, the term "hazardous waste" shall be understood to also include extremely hazardous waste and acutely hazardous-waste. (Reference: Section 25117 California Health and Safety Code) Hazardous Waste Facility - All contiguous land and structures, other appurtenances, and improvements on the land used for the treatment, transfer, storage, resource recovery disposal, or recycling of 'hazardous waste. A hazardous waste facility may consist of one or more treatment, transfer, storage, resource recovery, disposal, or recycling hazardous waste management units, or combinations of those units. (Reference: Section 25117 California Health and Safety Code) 1 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 In addition to the two addition definitions, the following existing definition shall be amended as shown in bold: Waste Treatment and Disposal - Public or disposal facilities or transfer stations, operated for the purpose of recycling, reclaiming, treating or disposal of garbage, sewage, rubbish, offal, dead animals, oilfield wastes, hazardous waste, or other waste material; originating on or off the premises. n K P .