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HomeMy WebLinkAboutAGENDA REPORT 1991 0206 CC REG ITEM 09BPAUL 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 . /77 8 MO ORPARK ITEM . 4S • PAUL W. LAWRASON JR. STEVEN KUENY MOORPARK, CALIFORNIA ��' �� Mayor c °o BERNARDO M.PEREZ r!fyC uncl M"� City Manager CHERYL J.KANE Mayor Pro Tern of City Attorney SCOTT MONTGOMERY o Councilmember ACTION' PATRICK RICHARDS, A.I.C.P. os Director of JOHN E. WOZNIAK °° Community Development Councilmember 9�*`O '''y , JOHN F. KNIPE LILLIAN KELLERMAN By City Engineer City Clerk JOHN V. GILLESPIE Chief of Police RICHARD T. HARE City Treasurer M E M O R A N D U M To: The Honorable City Council From: Patrick J. Richards, Director of Community Development Date: January 28, 1991 (City Council Meeting 2 -6 -91) Subject: RESIDENTIAL CONSTRUCTION VALUATION BACKGROUND The - subject of adjusting the residential construction valuation criteria was brought to the Council's attention at their regular meeting of January 23, 1991. A background report was introduced (See attachment) and the Council set February 6, 1991 as a Public Hearing to consider a proposed increase in determining the value of single family residential construction as it relates to building permit fees. DISCUSSION Inasmuch as the attached January 17, 1991 report explains the rationale regarding staff's proposal, there appears to be only one matter needing further discussion and /or clarification. This issue is how often is the value or it's related fee to be increased and is there a requirement of public notice needed before such a change? Government Code Section 54992(a) requires that "prior to approving an increase in an existing fee or service charge, a local agency shall hold at least one public meeting, at which time oral or written presentations can be made, as part of a regularly scheduled meeting ". The statute does not define "fee or service charge ". By it's plain meaning, the statute appears to control any increase. Therefore, a change in the City's formula which results in an increased fee is subject to Section 54992(a). 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 �a Section 54992(a) also requires that notice shall be mailed at least fourteen days prior to the meeting to any party who filed a written request to receive written notice. In addition, at least ten days prior to the meeting the City must make available to the public "data indicating the amount of cost, or estimated cost, required to provide the service for which the fee or service charge is levied and the revenue sources anticipated to provide the service, including general fund revenues ". Finally, the increase must be approved by ordinance or resolution. STAFF RECOMMENDATION With the above in mind, staff is recommending that: 1) The Council approve the use of the valuations assigned by the International Conference of Building officials; 2) The Council direct the Building Official to set the value of single family residential construction at the January 1991 I.C.B.O. level; 3) The Council direct that annually, each January, the Building Official place on the Council's agenda an updated construction value for single family residential dwellings consistent with provisions of the applicable Government Code Sections. Attachments: No 1 January 17, 1991 Council Memorandum No 2 Draft Resolution PAUL W. LAWRASON JR. Mayor p" a BERNARDO M. PEREZ Mayor Pro Tern SCOTT MONTGOMERY Counalmemoer JOHN E. WOZNIAK Councdmember o . LILLIAN KELLERMAN City Clerk XEMORANDUM To: The Honorable City Council From: Patrick J. Richards, Director of Community Development Date: January 17, 1991 (City Council Meeting 1- 23 -91) Subject: RESIDENTIAL CONSTRUCTION VALUATION Background STEVEN KUE`!Y City Manacer CHERYL J. KANE City Attornev PATRICK RICHARCS. ,= i.0 Director cr Community Deve.corn <_-. JOHN F. KNIPE City Engineer JOHN V. GILLESP!E Chief of Police RICHARD T. HARE City Treasurer When the City established its own Building and Safety program it continued the County's practice of assuming that the cost of residential construction was approximately $45.00 per square foot. It has become apparent that $45.00 per square foot is an unrealistically low estimate of the value of residential construction that is typical of this area. Every jurisdiction in Ventura County, including the County itself, has adjusted their estimate of construction cost to be consistent with nationally published construction data. Other jurisdictions, value high quality residential construction at about $70.00 per square foot. The - result of this discrepancy is that building permit fees for residential construction in the City of Moorpark are significantly lower than neighboring jurisdictions. (See Attachment ti1). Discussion Proposed is the intent to have the Building Official assign valuations for single family residential dwellires based upon national construction cost data as published by the International Conference of Building Officials' - This would allow the Building Official to use the most recently published data. According to the current March /April 1991 Buildinq Standards Index the value for high quality residential construction is S71.20. Therefore, the City's rate would change from it's current rate of $45.00 per square foot to the 571.80 figure. With the use of the national construction cost data, as produced by I.C.B.O. every too months, small increments periodically may occur with Council's approval over time and avoid substantial increases in the future. Government Code Section 54992(a) requires that prior to approving an increase in an existing fee or service charge, the City oust hold at least one public meeting. This section of the Covernment Code also requires that information be made available to interested parties. It is staff's intention to request the Council to s_t February 6, 1990 as the Public hearing regarding this matter. Staff will also send notice to the Buildirg Industry Association, chamber of Conmerce and those residential developers with tracts currently approved. Staff Peconpendat That the City Council set February 6, 1991 as a Public hearing date to consider an increase in determining the value of single family residential construction as it relates to building permit fees. 799 %100•cark Avenue f.1oorpark. Caif0rnia 93021 — -- = 1__ (805) 529 -68 ;�- CITY STREET VALUATIONS STRUCTURAL PLAN CHECK TOTAU Moorpark 11102 Broadway $ 187,000 $ 864.00 $ 561.60 $ 1,425.60 Simi 280,000 1,170.00 761.09 1,931.99 Thousand Oaks 251,066 1,075.20 698.88 1,774.08 County 257,680 1,095.00 711.76 1,806.76 Moorpark 4165 Kingsview $ 190,260 $ 873.90 $ 568.03 $ 1,441.93 Simi 291,140 1,204.20 782.53 1,986.73 Thousand Oaks 260,294 1,104.90 718.19 1,823.09 County 267,860 1,128.00 733.20 1,201.20 Moorpark 4189 Kingsview $ 200,212 $ 906.90 $ 589.49 $ 1,496.39 Simi 307,254 1,260.00 819.00 2,079.00 Thousand Oaks 274,523 1,151.00 748.21 1,899.21 County 282,552 1,177.50 765.37 1,942.87 Moorpark 11175 Broadway $ 132,692.00 $ 682.50 $ 443.63 $ 1,126.13 Simi 202,086 913.50 593.77 1,507.27 Thousand Oaks 180,867 840.90 546.59 1,387.49 County 186,072 860.70 519.35 1,380.55 Moorpark 4138 Kingsvie. S 136,944 S 860.70 $ 559.x5 � $ 1,420.15 Simi 286,1,^•,6 1,187.40 771.82 1,959.22 59.22 Thousand Oaks 255,340 1,038.40 706.£0 1,795.10 5.�0 County 263,234 1,114.00 724.62 1,838.62 ATTACI1Mf.'HT 1i0. 1 k Ll ATTACHMENT RESOLUTION NO. 90- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, RELATING TO THE ESTIMATES OF THE VALUE OF STRUCTURES MADE BY THE BUILDING OFFICIAL FOR THE PURPOSE OF ESTABLISHING BUILDING PERMIT FEES WHEREAS, Section 304(b) of the Administrative Code as adopted required the Building Official to determine a value or valuation of construction work requiring building permits; and WHEREAS, Section 304(b) of the Administrative Code as adopted requires that this value or valuation shall be used to compute building permit fees; and WHEREAS, the average cost of construction changes continuously; and WHEREAS, regionally adjusted national construction cost data is published periodically by the International Conference of Building Officials; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City Council approves the January 1991 single family residential construction value as determined by the International Conference of Building Officials and directs the Building Official to assign values for such construction projects based upon the above data. SECTION 2. The Building Official shall place on the City Council's annual January Public hearing agenda (in accordance with Government Code Section 54992 et. seq.) recommendations for the valuations of single family residential construction projects based upon the most recently published construction cost data provided by the International Conference of building Officials. Where the actual nature of construction does not correspond precisely to an established category the Building Official shall base the valuation on the category which most closely resembles the actual work in terms of the estimated cost of inspection and plan review services. SECTION 3. The City Clerk shall certify to the adoption of this resolution. PASSED AND APPROVED this ATTEST: Lillian E. Kellerman City Clerk day , 1991. Paul W. Lawarason, Jr. Mayor of the City of Moorpark, California