HomeMy WebLinkAboutAGENDA REPORT 2013 0904 CCSA REG ITEM 08B ITEM 8.13.
MOORPARK CITY COUNCIL ACTION:
AGENDA REPORT And -V1,0
TO: Honorable City Council
FROM: David A. Bobardt Community Development ment Direct
Prepared by Joseph R. Vacca, Principal Planner
DATE: August 28, 2013, (Meeting of 09104/13)
SUBJECT: Consider an Ordinance Approving Zoning Ordinance Amendment No.
2012-02 to Amend Chapters 17.08 (Definitions), 17.20 (Uses by Zone),
and 17.32 (Off-Street Parking Requirements), and to Add Subdivision
"I" (Farm Worker Dwellings)to Section 17.28.020(Standards Relating to
Dwellings) and Subdivision "G" (Requests for Reasonable
Accommodations) to Section 17.44.040 (Discretionary Permits and
Exceptions) of the Moorpark Municipal Code to Address Farm Worker
Housing, Residential Parking Requirements, and Reasonable
Accommodation Procedures, and Make a Determination of Exemption
Under CEQA, in Connection Therewith.
BACKGROUND/DISCUSSION
Under state law, the City was required to prepare a Housing Element update for the 2008-
2014 planning period. A Draft Housing Element was prepared and reviewed by the City
Council on October 6, 2010. Following review by the City Council, the Draft Housing
Element was submitted to the California Department of Housing and Community
Development(HCD) for review. After a series of discussions between City staff and HCD
and revisions to the draft element, on January 31, 2012 a letter was received from HCD
stating that the draft element addresses statutory requirements. The Planning Commission
reviewed the Draft Housing Element for the 2008-2014 planning period on March 27, 2012,
and adopted PC Resolution No. 568, recommending its adoption to the City Council. The
City Council held a public hearing on May 16, 2012, to review the Draft Housing Element
Update 2008-2014 and approved Resolution No. 2012-3105, adopting the Housing
Element Update 2008-2014 as one of the mandatory elements of the City's General Plan.
The goals and policies of the Housing Element are implemented through housing programs
offered by the City's Community Development Department and the Successor Agency of
the Redevelopment Agency of the City of Moorpark. Moorpark is required to implement the
Housing Element programs to address housing needs within the community. This
application implements Housing Element Program Nos. 5, 18 and 21.
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September 4, 2013
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Staff initiated a Zoning Ordinance Amendment to complete the programs outlined above.
On September 19, 2012, the City Council adopted Resolution No. 2012-3129, which
directed staff and the Planning Commission to study, hold a public hearing and provide a
recommendation to City Council on a Zoning Ordinance Amendment that would amend
Chapters 17.08 (Definitions), 17.20 (Uses by Zone), 17.32 (Off-Street Parking
Requirements) and 17.44 (Application Review Procedures) to address farm worker
housing, reasonable accommodation procedures, and residential parking requirements,
consistent with State law,the City's General Plan and other provisions of the City's Zoning
Ordinance.
ANALYSIS
The proposed zoning ordinance amendment primarily includes the following updates:
❖ Definitions Chapter 17.08
This Zoning Code Amendment No. 2012-02 includes amendments to Title 17 (Zoning) of
the Moorpark Municipal Code amending Section 17.08.010, to add the definitions of
"Disability", "Disabled Person" or"Individual with a disability, "Fair Housing Laws", "Major
Life Activity", "Physical or Mental Impairment" and "Reasonable Accommodation". This is
a change that the City committed to do in Program 21, Reasonable Accommodations, of
the 2008-2014 Housing Element Update.
❖ Agricultural Zoning and Standards for Farm Worker Dwellings
Implementing Program No. 5, Farm Worker Housing:
In order to facilitate the provision of additional housing for agricultural workers, we
completed a comprehensive study of agricultural zoning and land uses within Moorpark,to
allow development of Farm Worker Dwellings by right, consisting of no more than 36 beds
in a group quarters, or 12 units designed by use for single family households, as an
agricultural use of property, when in conjunction with allowed agricultural uses.
Table 17.20.050 is proposed to be amended to state that a farm worker dwelling unit, used
by a farm worker and his or her family, employed and working on or hired from the
premises, is allowed by right, with no zoning clearance required, when in compliance with
all of the proposed standards and requirements. For the comprehensive study of
agricultural zoning and land uses, staff proposes changes to the allowed agricultural uses,
so that such uses will be limited to the O-S, A-E, R-A, and R-E zones, predominately on
lots that are a minimum of 5 acres in size; and prohibits agricultural uses in the R-1, R-2,
RPD and TPD zones.
To provide standards for development of farm worker dwellings on agricultural property,
staff proposes adding Subdivision I to Section 17.28.020, Standards Relating to Farm
Worker Dwellings. The proposed development standards address lot size, unit size,
parking requirements, occupancy requirements and shall comply with development
requirements of the underlying zone.
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❖ 17.32.020.13 Parking Requirements
Implementing Program No. 18 of the 2008-2014 Housing Element requires a code
amendment for the parking requirement for market rate one-bedroom multi-family units to
reduce the requirement to 1.75 spaces per unit (including guest parking), one of which
must be covered (garage or carport).
❖ Reasonable Accommodations Procedures
Implementing Program No. 21 of the 2008-2014 Housing Element requires the Municipal
Code to be amended to include procedures for reviewing and approving requests for
reasonable accommodation for persons with disabilities. Staff has proposed procedures
for reviewing and approving requests for Reasonable Accommodations.
On August 27, 2013, the Planning Commission considered and recommended to the City
Council approval of Zoning Ordinance Amendment No. 2012-02. The attached Planning
Commission staff report contains a more detailed description of the proposed amendments
and changes. Upon consideration and review of the application, the Planning Commission
opened the public hearing and there were no speakers. After closing the public hearing,
the Planning Commission unanimously recommended approval of the application to the
City Council.
The City Attorney's office has reviewed the staff report and draft ordinance for Zoning
Ordinance Amendment No. 2012-02, (Attachment 2)and has determined that the changes
are acceptable and do not conflict with Federal or State Law.
PROCESSING TIME LIMITS
Since this is an action initiated by the City, the processing time limits under the Permit
Streamlining Act(Government Code Title 7, Division 1, Chapter 4.5), the Subdivision Map
Act (Government Code Title 7, Division 2), and the California Environmental Quality Act
Statutes and Guidelines (Public Resources Code Division 13, and California Code of
Regulations, Title 14, Chapter 3) are not applicable.
ENVIRONMENTAL DETERMINATION
In accordance with the City's environmental review procedures adopted by resolution, the
Community Development Director determines the level of review necessary for a project to
comply with the California Environmental Quality Act (CEQA). Some projects may be
exempt from review based upon a specific category listed in CEQA. Other projects may be
exempt under a general rule that environmental review is not necessary where it can be
determined that there would be no possibility of significant effect upon the environment. A
project which does not qualify for an exemption requires the preparation of an Initial Study
to assess the level of potential environmental impacts.
The Director has reviewed this project and found it to qualify for a General Rule Exemption
in accordance with Section 15061(b)(3) of California Code of Regulations (CEQA
Guidelines). The proposed ordinance would amend the Municipal Code provisions related
to farm worker dwellings, parking requirements, and reasonable accommodations. Both the
changes to the provisions related to farm worker dwellings and reasonable
accommodations merely conform the Municipal Code to what already would be required by
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State law. As such, there is no possibility that the changes may result in a significant
environmental impact. The change to the parking requirements reduces the required
parking for one-bedroom units from 2 spaces per unit to 1.75 spaces per unit. This
regulatory change reduces the minimum required parking for future developments of multi-
family buildings with one-bedroom dwelling units, but such future dwelling units would be
subject to discretionary permits. The City retains the authority to require additional parking
if the particular development at issue would have a significant impact on the environment.
Thus, it can be seen with certainty that there is no possibility that the zone text
amendments may have a significant impact on the environment. No further environmental
documentation is required.
FISCAL IMPACT
None
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the public hearing.
2. Introduce Ordinance No. , approving Zoning Ordinance Amendment No. 2012-
02, for first reading, waive full reading, and place this ordinance on the agenda for
an adjourned regular meeting to be held at 7:00 p.m on September 11, 2013 for
purposes of providing second reading and adoption of the ordinance.
ATTACHMENTS:
1. August 27, 2013 Planning Commission Agenda Report (Without
Attachments)
2. Ordinance No. , which contains the following:
Exhibit A - Section 17.08.010 Application of definitions
Exhibit B - Table 17.20.050 et seq. in legislative format
Exhibit C - Section 17.28.020.1 Farm Worker Dwellings
Exhibit D - Table 17.32.020.B Required Parking
Exhibit E - Section 17.44.040.G Requests for Reasonable
Accommodations
3. Zoning Map (11" x 17" copy) — Under Separate Cover
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MOORPARK PLANNING COMMISSION
AGENDA REPORT
TO: Honorable Planning Commission
FROM: David A. Bobardt, Community Development Director
Prepared by Joseph R. Vacca, Principal Planner
DATE: July 25, 2013, (Meeting of 08/27/13)
SUBJECT: Consider Recommending to the City Council the Approval of Zoning
Ordinance Amendment No. 2012-02 to amend Chapters 17.08
(Definitions), 17.20 (Uses by Zone), and 17.32 (Off-Street Parking
Requirements), and to add Subdivision "I" (Farm Worker Dwellings)to
Section 17.28.020 (Standards relating to Dwellings) and Subdivision
"G" (Requests for Reasonable Accommodations) to Section 17.44.040
(Discretionary Permits and Exceptions)of the Moorpark Municipal Code
to address farm worker housing, residential parking requirements,and
reasonable accommodation procedures, and recommending that the
City Council make a determination of exemption under CEQA.
BACKGROUND/DISCUSSION
Under state law, the City was required to prepare a Housing Element update for the 2008-
2014 planning period. A Draft Housing Element was prepared and reviewed by the City
Council on October 6, 2010. Following review by the City Council, the Draft Housing
Element was submitted to the California Department of Housing and Community
Development (HCD) for review. After a series of discussions between City staff and HCD
and revisions to the draft element, on January 31, 2012 a letter was received from HCD
stating that the draft element addresses statutory requirements. The Planning Commission
reviewed the Draft Housing Element for the 2008-2014 planning period on March 27, 2012,
and adopted PC Resolution No. 568, recommending its adoption to the City Council. The
City Council held a public hearing on May 16, 2012, to review the Draft Housing Element
Update 2008-2014 and approved Resolution No. 2012-3105, adopting the Housing
Element Update 2008-2014 as one of the mandatory elements of the City's General Plan.
The goals and policies of the Housing Element are implemented through housing programs
offered by the City's Community Development Department and the Successor Agency of
the Redevelopment Agency of the City of Moorpark. There are several programs that
Moorpark is required to implement to address housing needs within the community.
CC ATTACHMENT 1
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The Following Tables provide a summary of Housing Element Program Nos. 5, 18 and 21,
the six-year objective, funding sources, and agency responsible to implement the program
as outlined in the Housing Element; provided as follows:
5. Farm Worker Housing Six-Year Objective:
Though most of the region's functional agricultural areas are located Amend the Zoning Code in
outside Moorpark, some farm workers live in the community. Year- conformance with the Employee
round farm laborers are typically housed in older apartments, Housing Act in within two years of
government-assisted units,and Mobile-Homes. In order to facilitate the Housing Element adoption,
provision of additional housing for agricultural workers, the City will following completion of a
address Farm Worker Housing as part of a comprehensive study of comprehensive study of
agricultural zoning and land uses within Moorpark,consistent with the agricultural zoning and land uses
Employee Housing Act (Health & Safety Code Sec. 17021.5 & within Moorpark.
17021.6).
18. Off-Street Parking Requirements Six-Year Objective:
In order to facilitate the production of affordable housing, a Code Process a Code amendment by
amendment will be processed to allow reduced off-street parking for 2012.
projects meeting the requirements of state Density Bonus law
(Government Code Sec.65915)when requested by the developer. In
addition, the parking requirement for market rate one-bedroom multi-
family units will be reduced to 1.75 spaces per unit (including guest
parking), one of which must be covered (garage or carport).
21. Reasonable Accommodation Six-Year Objective:
The Municipal Code will be amended to include procedures for Municipal Code amendment in
reviewing and approving requests for reasonable accommodation by 2010-2011.
persons with disabilities consistent with current law.
Staff initiated a Zoning Ordinance Amendment to complete the programs outlined above.
On September 19, 2012, the City Council adopted Resolution No. 2012-3129, which
directed staff and the Planning Commission to study, hold a public hearing and provide a
recommendation to City Council on a Zoning Ordinance Amendment that would amend
Chapters 17.08 (Definitions), 17.20 (Uses by Zone), 17.32 (Off-Street Parking
Requirements) and 17.44 (Application Review Procedures) to address farm worker
housing, reasonable accommodation procedures, and residential parking requirements,
consistent with State law, the City's General Plan and other provisions of the City's Zoning
Ordinance.
ANALYSIS
The proposed zoning ordinance amendment primarily includes the following five updates:
■ It adds definitions to Chapter 17.08; and
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■ It amends the Use Matrix Table 17.20.050 to address Farm Worker Housing
as part of a comprehensive study of agricultural zoning and land uses within
Moorpark; and
■ It adds subdivision "I" to Section 17.28.020 to establish development
standards for Farm Worker Dwellings; and
■ It amends Section 17.32 related to parking requirements for one-bedroom
units in multi-family buildings; and
■ It adds Subdivision "G"to Section 17.44.040 to establish procedures for the
request and review of Reasonable Accommodations.
❖ Definitions Chapter 17.08
This Zoning Code Amendment No. 2012-02 includes amendments to Title 17 (Zoning) of
the Moorpark Municipal Code amending Section 17.08.010, to add the definitions of
"Disability", "Disabled Person" or "Individual with a disability, "Fair Housing Laws", "Major
Life Activity", "Physical or Mental Impairment"and "Reasonable Accommodation". This is
a change that the City committed to do in Program 21, Reasonable Accommodations, of
the 2008-2014 Housing Element Update.
The proposed definition of "Disability" is: "Disability"means the same as that term is
defined in the Fair Housing Laws.
The proposed definition of "Disabled Person" or "Individual with a Disability" is:
"Disabled Person or "Individual with a Disability" means a person who has a Physical or
Mental Impairment that limits or substantially limits one or more Major Life Activities,
anyone who is regarded as having such impairment, or anyone who has a record of such
impairment, as those terms are defined in the Fair Housing Laws. This term does not
include impairments, disorders or conditions resulting from the current, illegal use of, or
addiction to, a controlled substance, sexual behavior disorders, compulsive gambling,
kleptomania, or pyromania.
The proposed definition of "Fair Housing Laws" is: "Fair Housing Laws" means the
"Fair Housing Act" (42 U.S.0 § 3601 et seq.), the "Americans with Disabilities Act' (42
U.S.C. § 12101 et seq.), and the"California Fair Employment and Housing Act' (California
Government Code § 12900 et seq.), as these statutes now exist or may be amended from
time to time, and the implementing regulations for each of these statutes.
The proposed definition of "Major Life Activity" is: "Major Life Activity" means any
physical, mental, or social activity, such as the operation of major bodily functions, seeing,
hearing, eating, sleeping, walking, standing, sitting, reaching, lifting, bending, speaking,
breathing, learning, reading, concentrating, thinking, communicating, interacting with
others, and working.
The proposed definition of "Physical or Mental Impairment" is: "Physical or Mental
Impairment' means any physiological disorder or condition and any mental or psychological
disorder, including, but not limited to, orthopedic, visual, speech and hearing impairments,
cosmetic disfigurement, anatomical loss, cerebral palsy, epilepsy, muscular dystrophy,
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multiple sclerosis, cancer, heart disease, diabetes, intellectual disabilities(formerly termed
"mental retardation"), emotional or mental illness, learning disabilities, HIV disease
(whether symptomatic or asymptomatic), tuberculosis, and alcoholism and drug addiction
(but not including current use of illegal drugs). A temporary condition, such as a broken leg,
pregnancy, use of crutches, etc. does not qualify as a Physical or Mental Impairment.
The proposed definition of "Reasonable Accommodation" is: "Reasonable
Accommodation" means a modification or exception to the standards, regulations, policies
and procedures contained in Title 17 of this code for the siting, development and use of
housing or housing-related facilities, that is necessary to provide an individual with a
disability the equal opportunity to use and enjoy a dwelling.
❖ Agricultural Zoning and Standards for Farm Worker Dwellings
Program No. 5, Farm Worker Housing, of the Housing Element indicates that while most of
the region's functional agricultural areas are located outside Moorpark, some farm workers
live in the community. Year-round farm laborers are typically housed in older apartments,
government-assisted units, and Mobile-Homes. In order to facilitate the provision of
additional housing for agricultural workers, the City is to address Farm Worker Housing as
part of a comprehensive study of agricultural zoning and land uses within Moorpark,
consistent with the Employee Housing Act (Health & Safety Code Sec. 17021.5 &
17021.61, to allow development of Farm Worker Dwellings by right, consisting of no more
than 36 beds in a group quarters, or 12 units designed by use for single family households,
as an agricultural use of property, when in conjunction with allowed agricultural uses.
Moorpark Municipal Code Chapter 17.20 establishes the uses by zone in the City. Table
17.20.050 is being amended to state that a farm worker dwelling unit, used by a farm
worker and his or her family, employed and working on or hired from the premises, (as
defined in Section 17.08.010 of the Moorpark Municipal Code), is allowed by right, with no
zoning clearance required, in accordance with Chapter 17.20 of this code, when in
compliance with all of the proposed standards and requirements. For the comprehensive
study of agricultural zoning and land uses, staff proposes amending Table 17.20.050(Use
Matrix). Attachment 1, Exhibit B indicates in legislative format the changes to the allowed
agricultural uses, including the fact that such uses will be limited to the O-S,A-E, R-A, and
R-E zones, predominately on lots that are a minimum of 5 acres in size; and prohibits
agricultural uses in the R-1, R-2, RPD and TPD zones. Proposed amendments to
17.20.050 are outlined as follows:
Tables 17.20.050.A.:
Propose an amendment for Agricultural Uses with the additional requirement to be
on lots with a minimum size of 5 acres.
Tables 17.20.050.A.1.a.:
Propose amendments to prohibit animal husbandry, as a primary use in accordance
with Chapter 17.28,without structures, in the R-O and R-1 zones, (currently allowed
with a zoning clearance in these zones).
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Tables 17.20.050.A.3.:
Propose amendments to allow crop production where no structures are involved,
with a zoning clearance in the O-S, A-E, R-A and R-E zones and prohibit this use in
the R-O, R-1, R-2, RPD and TPD zones.
Tables 17.20.050.A.5.:
Propose amendments to allow greenhouses and hothouses and the like, less than
1,000 sq. ft., with a zoning clearance in the O-S, A-E, R-A and R-E zones and
prohibits this use in the R-O, R-1, R-2, RPD and TPD zones; and, in sizes between
1,001 — 20,000 sq. ft., with an administrative permit in the O-S, A-E, R-A and R-E
zones and prohibits this use in the R-O, R-1, R-2, RPD and TPD zones.
Tables 17.20.050.A.7.:
Propose amendments to allow wholesale nurseries, tree farms and ornamental
plant farms including container plants, with the additional requirement to be on lots
with a minimum size of 5 acres, with an administrative permit in the O-S, A-E, R-A,
and R-E zones and prohibits this use in the, R-O, R-1, R-2, RPD and TPD zones.
Tables 17.20.050.D.1.a:
Propose amendments to allow apiculture as an accessory and miscellaneous use in
accordance with Chapter 17.28, with the additional requirement to be on lots with a
minimum size of 5 acres, with a zoning clearance in the O-S and A-E zones and an
Administrative Permit in the R-A zone.
Tables 17.20.050.D.1.b:
Propose amendments to allow aviaries as an accessory and miscellaneous use in
accordance with Chapter 17.28, with the additional requirement to be on lots with a
minimum size of 5 acres, with an Administrative Permit in the O-S, A-E, R-A and R-
E zones.
Tables 17.20.050.D.1.c:
Propose amendments to allow farm animals including horses and ponies as an
accessory and miscellaneous use in accordance with Chapter 17.28,with no zoning
clearance required in the O-S, A-E, R-A, R-E, R-O and RPD zones and prohibits
Farm animals including horses and ponies as an Accessory and Miscellaneous use
in the R-1 and R-2 zones.
Tables 17.20.050.D.5:
Proposes amendments to allow dwellings, farm labor as an accessory and
miscellaneous use, in accordance with the newly proposed requirements of Chapter
17.28.020.1, with a zoning clearance required in the O-S, A-E, R-A and R-E zones,
and prohibited in all other zones because the other zones do not accommodate
agricultural land uses.
Tables 17.20.050.D.10:
Proposes amendments to allow produce stands as an accessory and miscellaneous
use in accordance with Chapter 17.28,with a zoning clearance required in the O-S,
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A-E, R-A, and R-E, zones and prohibited in all other zones because the other zones
do not accommodate agricultural land uses.
To provide standards for development of farm worker dwellings on agricultural property,
staff proposes adding Subdivision I to Section 17.28.020, Standards Relating to Farm
Worker Dwellings, to Chapter 17.28, Standards for Specific Uses, to Title 17 Zoning, of the
Moorpark Municipal Code. The proposed development standards (Attachment 1, Exhibit
C), are generally outlined, as follows:
17.28.020 Standards relating to dwellings.
I. Farm worker dwellings.
• Standards and Requirements. A farm worker dwelling unit as defined in Section
17.08.010 of this code, shall be allowed in accordance with the provisions of
Chapter 17.20 of this code, and in compliance with all of the following standards
and requirements-
0 Minimum lot size. Property must meet minimum lot size of five (5) acres as
required for agricultural uses.
o Permitted Size. Farm worker dwellings, may consist of no more than thirty-six
beds in a group sleeping quarters, or twelve units or spaces designed for use
by a single family or household.
o Off-street Parking. One off-street, covered parking space must be provided
for each single family unit and one parking space must be provided for each
three beds in the group sleeping quarters. The parking must be have
approved access and paving in accordance with Chapter 17.32 of this code.
o Lighting. Lighting shall comply with Chapter 17.30 of this code.
o HCD Permit.A permit from the State Department of Housing and Community
Development(HCD) shall be obtained, as required by the Employee Housing
Act and all applicable regulations.
o Occupancy Review. The property owner must complete and submit to the
director of community development a farm worker dwelling verification letter
no later than 30 days after receiving a permit to operate from HCD, and
annually thereafter, to ensure compliance with state and local regulations on
farm worker housing. The verification letter must include information
regarding the housing type, number of dwelling units or beds, number of
occupants, occupants' employment information, and proof that a permit to
operate from HCD has been obtained and maintained.
o Farm Worker Occupancy. The property must be occupied by farm workers
and their families. A declaration of this restriction in a form approved by the
city will be recorded by the city and be binding on all future owners.
Beginning one year after the issuance of the building permit and annually
thereafter, the owner must file an annual report to the department listing the
occupants of the farm worker dwelling and their place of work in order to
ensure compliance with this requirement.
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o General Development Requirements. Construction of farm worker dwellings,
shall comply with development requirements of the underlying zone.
o Maintenance. Facilities shall be maintained in a neat, safe, and orderly
manner.
❖ 17.32.020.6 Parking Requirements
Program No. 18 of the 2008-2014 Housing Element requires a code amendment for the
parking requirement for market rate one-bedroom multi-family units to reduce the
requirement to 1.75 spaces per unit (including guest parking), one of which must be
covered (garage or carport). Staff proposes amending Section 17.32.020.6. Parking
Requirements development standards (Attachment 1, Exhibit D), outlined, as follows in
legislative format:
5. Dwellings, multiple (> 2 units) 1 space per unit covered in a garage or carport for
each bachelor or studio unit
1.75 spaces per unit, 1 covered in a garage or
carport for each one-bedroom unit (including quest
parking)
2 spaces per unit, 1 covered in a garage for each
unit with 24-or more bedrooms
plus for all units (except one-bedroom units) 0.5
spaces per unit for visitors
❖ Reasonable Accommodations Procedures
Program No. 21 of the 2008-2014 Housing Element requires the Municipal Code to be
amended to include procedures for reviewing and approving requests for reasonable
accommodation for persons with disabilities. On May 15, 2001, the California Attorney
General sent a letter to all California Mayors to encourage every jurisdiction in the State to
adopt Reasonable Accommodations procedures, (Attachment 2). Staff proposes adding
Subdivision "G" to Section 17.44.040, as stated in Attachment 1, Exhibit E, relating to
procedures for reviewing requests for Reasonable Accommodations, generally outlined, as
follows:
17.44.040 Discretionary permits and exceptions.
G. Requests for Reasonable Accommodations:
• Establishes a process for individuals with disabilities seeking equal access to
housing to request a reasonable accommodation in the application of the
city's land use, zoning, and building standards, regulations, policies, and
procedures and to establish relevant criteria to be used when considering
such requests.
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• Any individual with a disability, his or her representative, or a developer or
provider of housing for individuals with disabilities may seek relief from any
land use, zoning or building standard, regulation, policy or procedure found
in Title 17, Zoning, to ensure equal access to housing and to facilitate the
development of housing for individuals with disabilities by requesting a
reasonable accommodation. Requests for a reasonable accommodation
must be submitted on an application form provided by the department, and
must contain the following information:
• The name, address and telephone number of the applicant;
• The name, address and telephone number of the individual with a disability
for whom the reasonable accommodation is being requested,
• The name, address, and telephone number of the owner of the property for
which the reasonable accommodation request is being made;
• The address and current use of the property for which the reasonable
accommodation is being made;
• If the applicant is someone other than the property owner, a letter of agency
or authorization signed by the property owner consenting to the application
being made;
• The basis for the claim that the individual to be reasonably accommodated
is disabled under the fair housing laws;
• A description of the reasonable accommodation request and the land use,
zoning or building standard, regulation, policy or procedure to be modified or
waived;
• A statement of the reason why the requested accommodation is necessary
for the individual with a disability to use and enjoy the dwelling.
• If the project for which the request for a reasonable accommodation is made
requires another discretionary permit or approval, then the applicant may file
the request for reasonable accommodation together with the application for
the other discretionary permit or approval. The processing procedures of the
discretionary permit will govern the joint processing of both the reasonable
accommodation and the discretionary permit. If the project for which the
request for a reasonable accommodation is made requires a discretionary
permit or approval, then the application for a reasonable accommodation will
be heard at the same time as the other discretionary permit or approval.
• If an individual needs assistance in making a request for a reasonable
accommodation, the city will provide assistance to ensure that the process is
accessible.
• A request for a reasonable accommodation may be filed at any time that the
accommodation may be necessary to ensure equal access to housing. A
reasonable accommodation does not affect an individual's obligations to
comply with other applicable regulations not at issue in the requested
accommodation.
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Honorable Planning Commission
August 27, 2013
Page 9
• The community development director shall have review authority for requests
that are not made in conjunction with a discretionary approval that requires
planning commission review. The community development director may refer
the processing of the reasonable accommodation to the planning
commission for review if the request is submitted in conjunction with a
request for a separate discretionary approval.
• The reviewing authority shall approve, with or without conditions, the request
for a reasonable accommodation if it finds that:
• The requested accommodation is requested by or on the behalf of one or
more disabled persons protected under the fair housing laws.
• The requested accommodation is necessary to provide one or more
individuals with a disability an equal opportunity to use and enjoy a dwelling.
• The requested accommodation will not impose an undue financial or
administrative burden on the city as "undue financial or administrative
burden" is defined in the fair housing laws.
• The requested accommodation will not result in a fundamental alteration in
the nature of the city's zoning code, as"fundamental alteration"is defined in
the fair housing laws.
• The requested accommodation will not, under the specific facts of the case,
result in a direct threat to the health or safety of other individuals or physical
damage to the property of others.
• Conditions of Approval. In granting a request for a reasonable
accommodation, conditions of approval may be imposed as deemed
reasonable and necessary to ensure that the reasonable accommodation
would comply with the required findings.
• Any reasonable accommodation approved shall expire one hundred eighty
(180) days after issuance, unless otherwise indicated by the community
development director or unless the use of land or structures or building
construction has commenced and is being diligently pursued, as evidenced
by current inspections and/or valid building permits.
• Any reasonable accommodation approved under this chapter may be
revoked if any of the conditions or terms of such reasonable accommodation
are violated, or if any law or city ordinance is violated in connection with the
reasonable accommodation. The revocation procedures in Section
17.44.100 will be followed to revoke a reasonable accommodation.
• If the individual with a disability who initially occupied the applicable dwelling
ceases to reside at the premises, the reasonable accommodation will remain
in effect only if the community development director determines that:
• The modification is physically integrated into the residential structure and
cannot easily be removed or altered to comply with requirements of Title 17,
Zoning; and/or
• The accommodation is necessary to give another disabled individual an
equal opportunity to enjoy the dwelling. The community development
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Honorable Planning Commission
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Page 10
director may request that any successor-in-interest to the property provide
documentation that subsequent occupants are persons with disabilities.
Failure to provide such documentation within ten days of the date of a
request by the community development director will result in the termination
of a previously approved reasonable accommodation and the applicable
premises must subsequently be made to conform to requirements of Title
17, Zoning.
The City Attorney's office has reviewed the draft PC Resolution for Zoning Ordinance
Amendment No. 2012-02, (Attachment 1) and has determined that the changes are
acceptable and do not conflict with Federal or State Law.
PROCESSING TIME LIMITS
Since this is an action initiated by the City, the processing time limits under the Permit
Streamlining Act(Government Code Title 7, Division 1, Chapter 4.5), the Subdivision Map
Act (Government Code Title 7, Division 2), and the California Environmental Quality Act
Statutes and Guidelines (Public Resources Code Division 13, and California Code of
Regulations, Title 14, Chapter 3) are not applicable.
ENVIRONMENTAL DETERMINATION
In accordance with the City's environmental review procedures adopted by resolution, the
Community Development Director determines the level of review necessary for a project to
comply with the California Environmental Quality Act (CEQA). Some projects may be
exempt from review based upon a specific category listed in CEQA. Other projects may be
exempt under a general rule that environmental review is not necessary where it can be
determined that there would be no possibility of significant effect upon the environment. A
project which does not qualify for an exemption requires the preparation of an Initial Study
to assess the level of potential environmental impacts.
The Director has reviewed this project and found it to qualify for a General Rule Exemption
in accordance with Section 15061(b)(3) of California Code of Regulations (CEQA
Guidelines). The proposed ordinance would amend the Municipal Code provisions related
to farm worker dwellings, parking requirements, and reasonable accommodations. Both the
changes to the provisions related to farm worker dwellings and reasonable
accommodations merely conform the Municipal Code to what already would be required by
State law. As such, there is no possibility that the changes may result in a significant
environmental impact. The change to the parking requirements reduces the required
parking for one-bedroom units from 2 spaces per unit to 1.75 spaces per unit. This
regulatory change reduces the minimum required parking for future developments of multi-
family buildings with one-bedroom dwelling units, but such future dwelling units would be
subject to discretionary permits. The City retains the authority to require additional parking
if the particular development at issue would have a significant impact on the environment.
Thus, it can be seen with certainty that there is no possibility that the zone text
amendments may have a significant impact on the environment. No further environmental
documentation is required.
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Honorable Planning Commission
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STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the public hearing.
2. Adopt Resolution No. PC-2013- recommending that the City Council approve
Zoning Ordinance Amendment 2012-02.
ATTACHMENTS
1. Draft PC Resolution which contains the following:
Exhibit A - Section 17.08.010 Application of definitions
Exhibit B - Table 17.20.050 et seq. in legislative format
Exhibit C - Section 17.28.020.1 Farm Worker Dwellings
Exhibit D - Table 17.32.020.13 Required Parking
Exhibit E - Section 17.44.040.G Requests for Reasonable Accommodations
2. May 15, 2001, California Attorney General Letter to All California Mayors on Adoption of
Reasonable Accommodations Procedures
3. Zoning Map (11" x 17" copy) — Under Separate Cover
27
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, APPROVING ZONING ORDINANCE
AMENDMENT NO. 2012-02 TO AMEND CHAPTERS 17.08
(DEFINITIONS), 17.20 (USES BY ZONE), AND 17.32 (OFF-
STREET PARKING REQUIREMENTS), AND TO ADD
SUBDIVISION "I" (FARM WORKER DWELLINGS) TO
SECTION 17.28.020 (STANDARDS RELATING TO
DWELLINGS) AND SUBDIVISION "G" (REQUESTS FOR
REASONABLE ACCOMMODATIONS) TO SECTION
17.44.040 (DISCRETIONARY PERMITS AND EXCEPTIONS)
OF THE MOORPARK MUNICIPAL CODE TO ADDRESS
FARM WORKER HOUSING, RESIDENTIAL PARKING
REQUIREMENTS, AND REASONABLE ACCOMMODATION
PROCEDURES, AND MAKE A DETERMINATION OF
EXEMPTION UNDER CEQA IN CONNECTION THEREWITH
WHEREAS, at its meeting of September 19, 2012, the City Council adopted
Resolution No. 2012-2139 directing the Planning Commission to consider a zoning
ordinance amendment that would address farm worker housing, residential parking
requirements and reasonable accommodation procedures, to ensure compliance with
the adopted Housing Element, and ensure consistency with State law, the City's
General Plan, and other provisions of the City's Zoning Ordinance; and
WHEREAS, at a duly noticed public hearing on August 27, 2013, the Planning
Commission considered Zoning Ordinance Amendment No. 2012-02, to amend
Chapters 17.08 (Definitions), 17.20 (Uses by Zone), and 17.32 (Off-Street Parking
Requirements), and to add Subdivision "I" (Farm Worker Dwellings) to Section
17.28.020 (Standards relating to Dwellings) and Subdivision "G" (Requests for
Reasonable Accommodations) to Section 17.44.040 (Discretionary Permits and
Exceptions) of the Moorpark Municipal Code to address farm worker housing,
residential parking requirements, and reasonable accommodation procedures; and
considered the agenda report and any supplements thereto and written public
comments; opened the public hearing and took and considered public testimony both
for and against the proposal; closed the hearing and the Planning Commission adopted
Resolution No. PC-2013-588 recommending approval to the City Council of Zoning
Ordinance Amendment No. 2012-02; and
WHEREAS, at a duly noticed public hearing on September 4, 2013, the City
Council considered Zoning Ordinance Amendment No. 2012-02, to amend Chapters
17.08 (Definitions), 17.20 (Uses by Zone), and 17.32 (Off-Street Parking
Requirements), and to add Subdivision "I" (Farm Worker Dwellings) to Section
17.28.020 (Standards relating to Dwellings) and Subdivision "G" (Requests for
Reasonable Accommodations) to Section 17.44.040 (Discretionary Permits and
Exceptions) of the Moorpark Municipal Code to address farm worker housing,
residential parking requirements, and reasonable accommodation procedures; and
considered the agenda report and any supplements thereto and written public
CC ATTACHMENT 2 28
Ordinance No.
Page 2
comments; opened the public hearing and took and considered public testimony both
for and against the proposal; closed the public hearing, and reached a decision on this
matter; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DETERMINATION: the City Council concurs
with the Community Development Director's determination that this project is exempt
from the provisions of the California Environmental Quality Act by the general rule that
CEQA only applies to "projects" that may have a significant effect on the environment.
The proposed ordinance would amend the Municipal Code provisions related to farm
worker dwellings, parking requirements, and reasonable accommodations. The
changes to the provisions related to farm worker dwellings and reasonable
accommodations merely conform the Municipal Code to what already would be required
by State law. As such, there is no possibility that the changes may result in a significant
environmental impact. The change to the parking requirements reduces the required
parking for one-bedroom units from two spaces per unit to 1.75 spaces per unit. This
regulatory change reduces the minimum required parking for future developments of
multi-family buildings with one-bedroom dwelling units, but such future dwelling units
would be subject to discretionary permits. The City retains the authority to require
additional parking if the particular development at issue would have a significant impact
on the environment. In this case, it can be seen with certainty that there is no possibility
that the proposed Ordinance may have a significant impact on the environment.
SECTION 2. GENERAL PLAN AND SPECIFIC PLAN CONSISTENTY: The
City Council finds Zoning Ordinance Amendment No. 2012-02 to be consistent with the
City of Moorpark General Plan and all adopted Specific Plans.
SECTION 3. Zoning Ordinance Amendment No. 2012-02 amends Chapters
17.08 (Definitions), 17.20 (Uses by Zone), and 17.32 (Off-Street Parking
Requirements), and to add Subdivision "I" (Farm Worker Dwellings) to Section
17.28.020 (Standards relating to Dwellings) and Subdivision "G" (Requests for
Reasonable Accommodations) to Section 17.44.040 (Discretionary Permits and
Exceptions) of the Moorpark Municipal Code to address farm worker housing,
residential parking requirements, and reasonable accommodation procedures; as
shown as Exhibits A, B, C, D and E attached.
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.
29
Ordinance No.
Page 3
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 publish notice of adoption in
the manner required by law.
PASSED AND ADOPTED this day of , 2013.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Exhibit A - Section 17.08.010 Application of definitions
Exhibit B - Table 17.20.050 et seq. in legislative format
Exhibit C - Section 17.28.020.1 Farm Worker Dwellings
Exhibit D - Table 17.32.020.B Required Parking
Exhibit E - Section 17.44.040.G Requests for Reasonable Accommodations
30
Ordinance No.
Page 4
EXHIBIT A
AMENDMENTS TO SECTION 17.08.010 APPLICATION OF DEFINITIONS OF
CHAPTER 17.08 DEFINITIONS OF TITLE 17 ZONING
OF THE MOORPARK MUNICIPAL CODE
Add the following definitions of "Disability", "Disabled Person" or "Individual with a
Disability", "Fair Housing Laws", "Major Life Activity", "Physical or Mental
Impairment" and "Reasonable Accommodation", as follows, with all other definitions to
remain unchanged:
17.08.010 Application of definitions.
"Disability" means the same as that term is defined in the Fair Housing Laws.
"Disabled Person" or"Individual with a Disability" means a person who has a Physical or
Mental Impairment that limits or substantially limits one or more Major Life Activities, anyone
who is regarded as having such impairment, or anyone who has a record of such
impairment, as those terms are defined in the Fair Housing Laws. This term does not
include impairments, disorders or conditions resulting from the current, illegal use of, or
addiction to, a controlled substance, sexual behavior disorders, compulsive gambling,
kleptomania, or pyromania.
"Fair Housing Laws" means the "Fair Housing Act" (42 U.S.0 § 3601 et seg.), the
"Americans with Disabilities Act" (42 U.S.C. § 12101 et seg.), and the "California Fair
Employment and Housing Act' (California Government Code § 12900 et seg.), as these
statutes now exist or may be amended from time to time, and the implementinq regulations
for each of these statutes.
"Major Life Activity" means any physical, mental, or social activity, such as the operation
of major bodily functions, seeing, hearing, eating, sleeping, walking, standing, sitting,
reaching, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking,
communicating, interacting with others, and working.
"Physical or Mental Impairment" means any physiological disorder or condition and any
mental or psychological disorder, including, but not limited to, orthopedic, visual, speech
and hearing impairments, cosmetic disfigurement, anatomical loss, cerebral palsy, epilepsy,
muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, intellectual
disabilities (formerly termed "mental retardation"), emotional or mental illness, learning
disabilities, HIV disease (whether symptomatic or asymptomatic), tuberculosis, and
alcoholism and drug addiction (but not including current use of illegal drugs). A temporary
condition, such as a broken leg, pregnancy, use of crutches, etc. does not qualify as a
Physical or Mental Impairment.
"Reasonable Accommodation" means a modification or exception to the standards,
regulations, policies and procedures contained in Title 17 of this code for the siting,
development and use of housing or housing-related facilities, that is necessary to provide
an individual with a disability the equal opportunity to use and enjoy a dwelling.
31
Ordinance No.
Page 5
EXHIBIT B
AMENDMENTS TO SECTION 17.20.050 PERMITTED USES IN OPEN SPACE,
AGRICULTURAL, RESIDENTIAL, AND SPECIAL PURPOSE ZONES
OF CHAPTER 17.20 USES BY ZONE OF TITLE 17 ZONING
OF THE MOORPARK MUNICIPAL CODE
Table 17.20.050
PERMITTED USES IN OPEN SPACE, AGRICULTURAL,
RESIDENTIAL, AND SPECIAL PURPOSE ZONES
17.20.050 Permitted uses in open space, agricultural, residential and special
purpose zones.
Permitted uses in open space, agricultural, residential and special purpose zones
are set forth in Table 17.20.050 below and in the conditions of approval of any
applicable residential planned development permits. In addition to the entitlements
required by Table 17.20.050, a planned development permit is required for all
residential development of five (5) or more units. All uses, as applicable, shall comply
with Moorpark Municipal Code Title 5, Business Taxes, Licenses and Regulations.
Table 17.20.050
PERMITTED USES IN OPEN SPACE, AGRICULTURAL,
RESIDENTIAL, AND SPECIAL PURPOSE ZONES
[Blank] = Not permitted
AP = Administrative Permit
CUP = Conditional Use Permit
NZC = No Zoning Clearance required
TUP = Temporary Use Permit
ZC = Permitted by Zoning Clearance
32
Ordinance No.
Page 6
EXHIBIT C
ADDING SUBDIVISION (1) REGARDING FARM WORKER DWELLINGS TO SECTION
17.28.020 STANDARDS RELATING TO DWELLINGS OF CHAPTER 17.28
STANDARDS FOR SPECIFIC USES OF TITLE 17 ZONING OF THE MOORPARK
MUNICIPAL CODE
17.28.020 Standards relating to dwellings.
I. Farm worker dwellings.
1. Standards and Requirements. A farm worker dwelling, as defined in Section
17.08.010 of this code, shall be allowed in accordance with the provisions of Chapter
17.20 of this code, and in compliance with all of the following standards and
requirements:
a. Minimum lot size. Property must meet minimum lot size of five (5) acres as
required for agricultural uses.
b. Permitted Size. Farm worker dwellings, may consist of no more than thirty six_
beds in a group sleeping quarters, or twelve units or spaces designed for use by a
single family or household.
C. Off-street Parking. One off-street, covered parking space must be provided for
each single family unit and one parking space must be provided for each three beds in
the group sleeping quarters. The parking must have approved access and paving in
accordance with Chapter 17.32 of this code.
d. Lighting. Lighting shall comply with Chapter 17.30 of this code.
e. HCD Permit. A permit from the State Department of Housing and Community
Development (HCD) shall be obtained, as required by the Employee Housing Act and
all applicable regulations.
f. Occupancy Review. The property owner must complete and submit to the
director of community development a farm worker dwelling verification letter no later
than 30 days after receiving a permit to operate from HCD, and annually thereafter, to
ensure compliance with state and local regulations on farm worker housing. The
verification letter must include information regarding the housing type, number of
dwelling units or beds, number of occupants, occupants' employment information, and
proof that a permit to operate from HCD has been obtained and maintained.
g. Farm Worker Occupancy. The property must be occupied by farm workers and
their families. A declaration of this restriction in a form approved by the city will be
recorded by the city and be binding on all future owners. Beginning one year after the
issuance of the building permit and annually thereafter, the owner must file an annual
report to the department listing the occupants of the farm worker dwelling and their
place of work in order to ensure compliance with this requirement.
h. General Development Requirements. Construction of farm worker dwellings shall
comply with development requirements of the underlying zone.
i. Maintenance. Facilities shall be maintained in a neat, safe, and orderly manner.
33
Ordinance No.
Page 7
EXHIBIT D
AMENDMENTS TO SECTION 17.32.020 REQUIRED PARKING
OF CHAPTER 17.32 OFF-STREET PARKING REQUIREMENTS OF TITLE 17
ZONING OF THE MOORPARK MUNICIPAL CODE
17.32.020 Required parking.
Off-street parking spaces for new uses and for expansion of existing uses shall
be provided in the quantities specified below. A fraction of a space greater than one-half
(1/2) will be counted as a whole space. Parking requirements for new uses and for
expansion of existing uses fronting on High Street between Moorpark Avenue and
Spring Road and Walnut Street between High Street and Charles Street are calculated
under the provisions of Section 17.32.025.
Minimum Parking Required Based on
Gross Floor Area of Building (Unless
Use Otherwise Stated)
B. Residential: Handicap parking must be provided where required by the California
Accessibility Code.
1. Boarding houses and bed and 2 spaces in a garage plus 1 space per rented
breakfast inns room
2. Care facilities for up to 12 2 spaces in a garage
persons
3. Dwellings, single-family 2 spaces in a garage for dwellings <_ 2,800
sq. ft.
3 spaces in a garage for dwellings > 2,800
sq. ft.
4. Dwellings, two-family or two 2 spaces in a garage for each dwelling <
single-family dwellings on one lot 2,800 sq. ft.
(not second dwellings per 3 spaces in a garage for each dwelling >
Section 17.28.020(G)) 2,800 sq. ft.
5. Dwellings, multiple (> 2 units) 1 space per unit covered in a garage or
carport for each bachelor or studio unit
1.75 spaces per unit, 1 covered in a garage
or carport for each one-bedroom unit
(including guest parking)
2 spaces per unit, 1 covered in a garage for
each unit with 42or more bedrooms
plus for all units (except one-bedroom units)
0.5 spaces per unit for visitors
6. Mobile home parks 2 tandem spaces covered in a garage or
carport plus 1 space for each 4 mobile homes
for visitors
34
Ordinance No.
Page 8
7. Model homes, temporary office 8 spaces minimum. The director may
for sale of homes or lots in increase the standard depending upon the
subdivision where a model number of models.
complex plan/temporary office
complex plan
8. Second dwelling units See Section 17.28.020(G)
9. Senior housing (attached or 0.5 spaces per unit (0.25 spaces shall be in a
detached) restricted to residents garage or carport)
55 years old and older
35
Ordinance No.
Page 9
EXHIBIT E
ADDING SUBDIVISION "G" REGARDING REASONABLE ACCOMMODATIONS TO
SECTION 17.44.040 DISCRETIONARY PERMITS AND EXCEPTIONS OF CHAPTER
17.44 APPLICATION REVIEW PROCEDURES OF TITLE 17 ZONING OF THE
MOORPARK MUNICIPAL CODE
17.44.040 Discretionary permits and exceptions.
G. Requests for Reasonable Accommodations.
1. This section establishes a process for the request and consideration of a
reasonable accommodation in the application of the city's land use, zoninq, and building
standards, regulations, policies, and procedures to allow disabled persons an equal
opportunity to use and enjoy housing.
2. Any individual with a disability, his or her representative, or a developer or
provider of housing for disabled persons may seek relief from any land use, zoning or
building standard, regulation, policy or procedure found in Title 17, Zoning, to ensure
equal access to housing by requesting a reasonable accommodation. Requests for a
reasonable accommodation must be submitted on an application form provided by the
department, and must contain the following information:
a. The name, address and telephone number of the applicant;
b._The_name, address and telephone number of the individual with a disability for
whom the reasonable accommodation is being requested;
c. The name, address, and telephone number of the owner of the property for which
the reasonable accommodation request is being made, where different from the
applicant;
d. The address and current use of the property for which the reasonable
accommodation is being made;
e. If the applicant is someone other than the property owner, a letter of agency or
authorization signed by the property owner consenting to the application being made;
f. The basis for the claim that the individual to be reasonably accommodated is
disabled under the fair housing laws;
g. A description of the reasonable accommodation requested and the land use,
zoning or building standard, regulation, policy or procedure to be modified or waived;
h. A statement of the reason why the requested accommodation is necessary for
the disabled person to use and enjoy the dwelling.
3. If the project for which the request for a reasonable accommodation is made
requires another discretionary permit or approval, then the applicant may file the
request for reasonable accommodation together with the application for the other
discretionary permit or approval. The processing procedures of the discretionary permit
will govern the joint processing of both the reasonable accommodation and the
discretionary permit. If the project for which the request for a reasonable
accommodation is made requires a discretionary permit or approval, then the
36
Ordinance No.
Page 10
application for a reasonable accommodation will be heard at the same time as the other
discretionary permit or approval.
4. If an individual needs assistance in making a request for a reasonable
accommodation, the city will provide assistance to ensure that the process is
accessible.
5. A request for a reasonable accommodation may be filed at any time that the
accommodation may be necessary to ensure equal access to housing. A reasonable
accommodation does not affect or negate an individual's obligation to comply with other
applicable regulations not at issue in the requested accommodation.
6. The community development director shall be the decision-maker for a
reasonable accommodation that is not made in coniunction with a discretionary
approval that would require planning commission review. The community development
director may refer the processing of the reasonable accommodation to the planning
commission for review if the request is submitted in conjunction with a request for a
separate discretionary approval.
7. The reviewing authority shall approve, with or without conditions, the request for
a reasonable accommodation if it finds, based upon all of the evidence presented, that
all of the following findings can be made:
a. The requested accommodation is requested by or on the behalf of one or more
disabled persons protected under the fair housing laws who will occupy the dwelling_
b. The requested accommodation is necessary to provide one or more disabled
persons an equal opportunity to use and enjoy a dwelling.
c. The requested accommodation will not impose an undue financial or
administrative burden on the city as "undue financial or administrative burden" is
defined in the fair housing laws.
d. The requested accommodation will not result in a fundamental alteration in the
nature of the city's zoning code, as "fundamental alteration" is defined in the fair housing
laws. In considering whether the accommodation would require such a fundamental
alteration, the reviewing authority may consider, among other factors:
i. Whether the requested accommodation would fundamentally alter the
character of the neighborhood;
ii. Whether the requested accommodation would result in a substantial
increase in traffic or insufficient parking;
iii. Whether the requested accommodation would substantially undermine
any express purpose of either the City's General Plan or an applicable
specific plan; and
iv. Whether the requested accommodation would create an institutionalized
environment due to the number of, and distance between, facilities that
are similar in nature or operation.
37
Ordinance No.
Page 11
e. The requested accommodation will not, under the specific facts of the case,
result in a direct threat to the health or safety of other individuals or physical damage to
the property of others.
8. Conditions of Approval. In granting a request for a reasonable accommodation,
conditions of approval may be imposed as deemed reasonable and necessary to
ensure that the reasonable accommodation would comply with the required findings.
The reviewing authority shall issue a written determination to approve, conditionally
approve, or deny a request for a reasonable accommodation. The reviewing authority
may approve an alternative reasonable accommodation that provides an opportunity to
use and enjoy a dwelling equivalent to that which would be provided by the
accommodation specifically requested where such alternative accommodation would
reduce impacts to neighboring properties or the surrounding area. The director shall
mail written notice of the determination to the applicant and as part of such notice shall
advise the applicant of the right to appeal the determination. The written determination
must explain in detail the basis of the decision. The written decision of the reviewing
authority shall be final, unless appealed.
10. Any reasonable accommodation approved shall expire one hundred eighty (180)
days after issuance, unless otherwise indicated by the community development director
or unless the use of land or structures or building construction has commenced and is
being diligently pursued, as evidenced by current inspections and/or valid building
permits.
11. Any reasonable accommodation may be revoked if any of the conditions or
terms of such reasonable accommodation are violated, or if any law or city ordinance is
violated in connection with the reasonable accommodation. The revocation procedures
in Section 17.44.100 will be followed to revoke a reasonable accommodation.
12. If the disabled person who initially occupied the applicable dwelling and for
whom the reasonable accommodation was granted ceases to reside at the premises,
the reasonable accommodation will remain in effect only if the community development
director determines that:
a. The modification is physically integrated into the residential structure and
cannot easily be removed or altered to comply with the requirements of this Title 17; or
b. The accommodation is necessary to give another disabled individual an equal
opportunity to enjoy the dwelling. The community development director may request
that any successor-in-interest to the property provide documentation that subsequent
occupants are persons with disabilities. Failure to provide such documentation within
ten days of the date of a request by the community development director will result in
the termination of a previously approved reasonable accommodation and the applicable
premises must subsequently be made to conform to requirements of this Title 17.
38
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ZONING DESIGNATIONS
Feet
A-E R-1 RE RPD-1.6U RPD-3.1 U - RPD-6.5U - RPD-10U - RPD-20U M-2 ,Downtown Specific Plan
Approved by/Date Revision
PC R-1-6 RE-1AC RPD-1.63U RPD-3.65U - RPD-7U - RPD-12U CO O I DA(Development Agreement
1 City of Moorpark
- OS R-1-7 RE-5AC RPD-1.8U RPD-4U - RPD-7-14U - RPD-12.210 C-1 SP Parcel Boundary September 17, 2008
® OS-10AC R-1-8 RE-20 RPD-1.84U RPD-4.5U RPD-7.5U - RPD-15U ® C-2 FZ�I SP 92-1
City of Moorpark A larger and/or more detailed version of the City's
OS-20AC R-1-9 RO RPD-2.2U - RPD-4.6U RPD-8.4U - RPD-16.2U CPD ZC ORD No.335 General Plan and Zoning Maps is available for download
at http://www,ci.moorpark.ca.us or for purchase at Moorpark
OS-40AC R-1-13AV R-2 O RPD-2.45U - RPD-5U - RPD-8.9U - RPD-16.83U ® C-OT ZC ORD No.345 City Hall,799 Moorpark Avenue,Moorpark,CA 9302'CC ATT
D ® C� ® ri p p CHMENT 3
OS-500AC RA-10AC RPD-1.480 RPD-2.50 RPD-6U RPD-9.1 U RPD-19.00 M-1 TPD Source:City of Moorpark,September 2008
County of Ventura,GIs data,July 2008 39
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