HomeMy WebLinkAboutAGENDA REPORT 1990 0502 CC REG ITEM 09DPAUL W. LAWRASON, Jr.
Mayor
SCOTT MONTGOMERY
Mayor Pro Tern
ELOISE BROWN
Councilmember
CLINT HARPER, Ph.D.
Councilmember
BERNARDO M.PEREZ
Councilmember
LILLIAN KELLERMAN
City Clerk
MOORPARK
M E M O R A N D U M
ITEM C1• D•
STEVEN KUENY
City Manager
CHERYL J.KANE
City Attorney
PATRICK RICHARDS, A.I.C.P.
Director of
Community Development
R. DENNIS DELZEIT
City Engineer
JOHN V. GILLESPIE
Chief of Police
RICHARD T. HARE
City Treasurer
TO: The Honorable City Council
FROM: Patrick J. Richards, Director of Community Development
DATE: April 17, 1990 (CC Meeting of 5/2/90)
SUBJECT: AMENDMENTS TO THE CITY ZONING CODE RELATED TO RESIDENTIAL
PLANNED DEVELOPMENT (RPD) PERMIT REQUIREMENTS (FILE NO.
Z -90 -1)
Background
At the Planning Commission's meeting of April 16, 1990, the
Commission adopted the attached resolution recommending that the
City Council approve the draft ordinance which is included as
Exhibit A to their resolution. The proposed draft ordinance would
revise various sections of the City Zoning Code to include a
requirement that a RPD Permit be obtained for a residential project
creating five (5) or more separate lots, and would revise and
clarify RPD Permit requirements. The Planning Commission held a
public hearing on April 2, 199', and no public comments were
received.
Discussion
Staff's March 29, 1990, report to the Planning Commission is
included as Attachment 2 to this memorandum. That report provides
background and analysis information related to this zoning code
amendment proposal. As identified; or, page 3 of that report, staff
is no longer proposing that a RPD Permit be required for
residential development consisting of five or more dwelling units.
Instead, staff is proposing to limit, the RPD Permit requirement to
residential development consisting of five or more separate lots
for the reasons discussed on page 3 cf the March 29 report. Staff
has included clarification in the .IttachCyd draft ordinance that an
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
The Honorable City Council
April 17, 1990
Page 2
application for a tentative tract, map of five or more residential
lots would not be determined to be complete until an application
was also filed and determined complete for a RPD Permit.
Staff has expanded the RPD Permit requirements as shown on pages
7 through 11 of the draft ordinance. Staff included language from
both the new County Zoning Code and the City of Simi Valley's
Zoning Code in developing the revised RPD Permit requirements.
Staff's intent was to include more specific language in the
ordinance related to application requirements and development
standards. All revised text is shown in bold print in the draft
ordinance.
Recommendation
Approve the attached draft ordinance and introduce this ordinance
for first reading at the Council's next regular meeting of May 16,
1990, based on the following findings:
1. The proposed Zoning Codc: amendments will provide a
comprehensive system for corespat.ible and orderly residential
development.
2. The proposed Zoning Code amendments will protect the
residential character of existing urbanized neighborhoods.
3. The proposed Zoning Code amendments will not result in
significant environmental impacts and are categorically exempt
based on Section 15308 of the CEQA Guidelines.
4. The proposed Zoning Code amendments are consistent with the
City of Moorpark General P1a
Attachments:
1. Resolution No. PC -90 -210 and Draft Ordinance
2. Planning Commission Staff Report dated 3/29/90
PJR /DST
ATTACHMENT 1
RESOLUTION NO. PC- 90 -210
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA, RECOMMENDING
ADOPTION OF AN ORDINANCE AMENDING ARTICLES 3,
5, 6, 7, AND 8 OF THE MOORPARK ZONING CODE TO
INCLUDE A REQUIREMENT THAT A RESIDENTIAL
PLANNED DEVELOPMENT (RPD) PERMIT BE OBTAINED
FOR PROJECTS CREATING FIVE (5) OR MORE
SEPARATE LOTS AND AMENDING ARTICLE 19 TO
REVISE AND CLARIFY RPD PERMIT REQUIREMENTS
WHEREAS, at a duly noticed public hearing on April 2, 1990,
the Moorpark Planning Commission considered a draft ordinance
( Exhibit A) which would amend Articles 3, 5, 6, 7, and 8 of the
Moorpark Zoning Code to include a requirement that a RPD Permit be
obtained for projects creating five (5) or more separate lots, and
and which would amend Article 1.9 to revise and clarify RPD Permit
requirements; and
WHEREAS, the Planning ::ommission after review and
consideration of the information contained in the staff report
dated March 29, 1990, concurs that the proposed amendment to the
City Municipal Code will not have a significant effect on the
environment; and
WHEREAS, at its meeting of Apri.:L 2, 1990, the Planning
Commission considered said proposed amendments at a public hearing
and reached its decision;
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, CALIFORNIA, DOES RESOL`, °E AS FOLLOWS:
SECTION 1. Pursuant to the provisions of the California
Environmental Quality Act (CEQA)„ the Planning Commission concurs
that the project is categorically exempt based on Section 15308 of
the State CEQA Guidelines, an(: recommends that a Notice of
Exemption be filed.
SECTION 2. The Planning Commission hereby finds that adoption
of the proposed ordinance (Exhibit A) amending Articles 3, 5, 6,
7, 8, and 19 of the Moorpark Zor ing Code would serve to further
protect the public health, safer:: )r. and welfare.
SECTION 4. The Planning Commission hereby finds that adoption
of the proposed ordinance (Exh�.nit A) would not result in an
inconsistency with the City's G«�r yral. Plan.
SECTION 5. The Planning Commission hereby recommends that the
City Council adopt the proposed ordinance (Exhibit A) amending
Articles 3, 5, 6, 7, and 8 to -include a requirement that a RPD
Permit be obtained for projects creating five (5) or more separate
lots, and amending Article 19 ti revise and clarify RPD Permit
requirements.
The action with the foregoing
following roll call vote:
AYES:
NOES:
ABSENT:
direct -i -on was approved by the
PASSED, APPROVED AND ADOPTED THIS 16TH DAY OF APRIL, 1990.
' :hairman, John Wozniak
ATTEST:
Celia La Fleur
Secretary
EXHIBIT A
ORDINANCE NO
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, AMENDING ARTICLES 3, 5, 6, 7, AND
8 OF THE MOORPARK ZONING CODE TO INCLUDE A
REQUIREMENT THAT A RESIDENTIAL PLANNED
DEVELOPMENT (RPD) PERMIT BE OBTAINED FOR
PROJECTS CREATING FIVE (5) OR MORE SEPARATE
LOTS AND AMENDING ARTICLE 19 TO REVISE AND
CLARIFY RPD PERMIT REQ111REMEN`I "S
WHEREAS, at a duly noticed public hearing on April 2, 1990,
the Moorpark Planning Commission considered a proposed amendment
to the Moorpark Zoning Code to revise Articles 3, 5, 6, 7, and 8
to include a requirement that a RPD Permit be obtained for projects
creating five (5) or more separate lots, and considered an
amendment to Article 19 tc revise and clarify RPD Permit
requirements; and
WHEREAS, after careful consideration, the Planning Commission
reached its decision in the matter and adopted Resolution No. PC-
90 -210 on April 16, 1990, recommending approval of said proposed
amendments; and
WHEREAS, public notice having been given in time, form and
manner as required by law, the City Council of the City of Moorpark
has considered said proposed amendments at a public hearing on May
2, 1990, and has reached its decision based on the findings set
forth in the staff report dated %pr - :i-1 17, 1990, and incorporated
herein by reference; and
WHEREAS, the City Council has determined that the proposed
project will not have a significant effect on the environment and
that the proposal is categorical:'[.y exempt based on Section 15308
of the State California Environmental. Quality Act Guidelines;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES ORDAIN AS FOLLOW;:
SECTION 1. Articles 3, 5, 6 7, 8, and 19 are hereby amended
by revising various sections as identified below:
Article 3 (R -A Zone), Sec. 8121 -0 - Revise to read as follows:
"PERMITTED USES - In the R -A Zone, the uses identified below
are permitted only as hereinafter specifically provided for
by this Article, subject to the general provisions and
exceptions set forth in this Chapter beginning with and
following Article 40. A Residential Planned Development
Permit shall be required for projects creating five (5) or
more separate residential lots and shall be subject to the
permit requirements set fort +r in Sec. 8137 -2 of Article 19.•
Article 5 (R -E Zone), Sec. 8123 -0 - Revise to read as follows:
"PERMITTED USES - In the R -E Zone, the uses identified below
are permitted only as hereinafter specifically provided for
by this Article, subject to the general provisions and
exceptions set forth in this Chapter beginning with and
following Article 40. A Residential Planned Development
Permit shall be required for projects creating five (5) or
more separate residential lots and shall be subject to the
permit requirements set forth in Sec. 8137 -2 of Article 19."
Article 6 (R -0 Zone), Sec. 8124 -0 - Revise to read as follows:
"PERMITTED USES - In the R -0 Zone, the uses identified below
are permitted only as hereinafter specifically provided for
by this Article, subject to the general provisions and
exceptions set forth in this Chapter beginning with and
following Article 40. A Residential Planned Development
Permit shall be required for projects creating five (5) or
more separate residential lots and shall be subject to the
permit requirements set forth in Sec. 8137 -2 of Article 19."
Article 7 (R -1 Zone), Sec. 8125 -0 - Revise to read as follows:
"PERMITTED USES - In the R -1 Zone, the uses identified below
are permitted only as hereinafter specifically provided for
by this Article, subject to the general provisions and
exceptions set forth in this Chapter beginning with and
following Article 40. A Residential Planned Development
Permit shall be required for projects creating five (5) or
more separate residential lots and shall be subject to the
permit requirements set forth in Sec. 8137 -2 of Article 19."
Article 8 (R -2 Zone), Sec. 8126 -0 - Revise to read as follows:
"PERMITTED USES - In the R -2 Zone, the uses identified below
are permitted only as hereinafter specifically provided for
by this Article, subject to the general provisions and
exceptions set forth in this Chapter beginning with and
following Article 40. A Residential Planned Development
Permit shall be required for projects creating five (5) or
more separate residential lots and shall be subject to the
permit requirements set forth in Sec. 8137 -2 of Article 19."
Article 19 - This Artic:i4� is hereby amended to read as
follows:
"RESIDENTIAL PLANNED DEVELOPMENT IN (RPD) ZONE AND
RESIDENTIAL PLANNED DEVELOPMENT PERMIT REQUIREMENTS
Sec. 8137 -0 - PURPOSE OF ZONE - The purpose of this zone is to
provide areas for communities which will be developed utilizing
modern land planning and unified design techniques; this zone
provides a flexible regulatory procedurEr in order to encourage:
a. Coordinated neighborhood design and compatibility with
existing or potential development of surrounding areas;
b. An efficient use of land particularly through the
clustering of dwelling units and the preservation of the
natural features of sites;
C. Variety and innovation in site design, density and
housing unit options, including garden apartments,
townhouses and single - family dwellings;
d. Lower housing costs through the reduction of street and
utility networks;
e. A more varied, attractive and energy- efficient living
environment as well as greater opportunities for
recreation than would be possible under other zone
classifications; and
f. An environment of stable, desirable character which will
be in harmony with the existing or potential development
of the surrounding neiqhborhood.
The Planning Commission or City Council may grant a Residential
Planned Development (RPD) Permit for such land in an RPD Zone or
other residential zone which it finds meets the requirements of
this Article. The Planning Commission or City Council may impose
such additional conditions and requirements upon a RPD Permit as
it finds are reasonable and necessary to carry out the purposes and
requirements of this Article.
Sec. 8137 -0.1 - Permitted Uses with RPD Permit - In the RPD
Zone, the following uses are permitted pursuant to the
approval of a RPD Permit by either the Planning Commission or
City Council as specified in City of Moorpark Resolution No.
88 -523, consistent with the requirements contained in this
Article:
Sec.
8137 -0.1.1
- Boar(AI.Lng and lodging houses;
Sec.
8137 -0.1.2
- Churches;
Sec.
8137 -0.1.3
- Day iarseries;
Sec.
8137 -0.1.4 -
Dwe .1. _ngs,
rune- family;
Sec.
8137 -0.1.5 -
Dwe.l..e..ngs,
*wo- family;
Sec.
8137 -0.1.6 -
Dwe._.,;.ngs,
multiple family;
Sec. 8137 -0.1.7 - Fire stations, temporary detention
facilities and other facilities for Federal, State and
County law enforcement agencies, but not including jails,
prisons or other places of confinement;
Sec. 8137 -0.1.8 - Fraternities and sororities, excluding
those whose chief acti -vity is a service customarily
carried on as a business;;
Sec. 8137 -0.1.9 - Pub.l:i.: parks and playgrounds;
Sec. 8137 - 0.1.10 - Commercial uses as provided for by the
RPD Permit;
Sec. 8137 -0. 1. 11 - Signs consistent with City of Moorpark
Ordinance No. 113.
Sec. 8137 - 0.1.12 - Subdivisions - The following uses are
permitted:
Sec. 8137 - 0.12.1 A temporary real estate sales
office may be permitted in advance of the filing of
a final map after road plans have been submitted to
the City Engineer's Office for approval;
Sec. 8137 - 0.12.1.2 - A temporary real estate sales
office may be maintained for a period of eighteen
(18) months or until all of the lots in the
subdivision have been sold, whichever is earlier.
Sec. 8137 - 0.1.13 - In any neighborhood building project,
during construction and sixty (60) days thereafter,
property in said project. area may be used for the storage
of materials, excluding batch plants, used in the
construction of the individual buildings in the project
and for the contract(--)-Y'; temporary office;
Sec. 8137 - 0.1.14 - Wate Supply, The following uses are
permitted:
Sec. 8137 - 0.1.14.1 ._ The drilling of water wells for
the production of water on any lot or parcel of land
is permitted if wager from said well is used only
upon the lot or ;.)a.rcel upon which the well is
located;
Sec. 8137 - 0.1.14.2 - Any lot or parcel of land under
the ownership of any mutual water company or
established water <ist.rict. or any public water
- 4 -
supply agency may be used by it for the production
and dispensing of such water, together with normal
appurtenances accessary thereto.
Sec. 8137 - 0.1.15 - uses and structures which are
incidental or accessor,,: t:c} any of the uses permitted in
this zone;
Sec. 8137 - 0.1.16 - Horses, except for commercial
purposes, are permitted on lots of one (1) acre or more
in accordance with the following requirements:
Sec. 8137 - 0.1.16.. - One (1) horse is permitted for
each twenty thousand (20,000) square feet of lot
area on lots of orRe (1) acre or more in size;
Sec. 8137 - 0.1.16.' - Horses shall not be housed,
stabled, lodged, kept, maintained, pastured, or
confined, within one hundred (100) feet of any
window or door of any dwelling or other structure
used for human hab., tation on adjoining property, but
if a dwelling or, adjoining property is located
within twenty -four (24) feet or less of the boundary
line, permitted animals may be located not less than
seventy -five (75) feet from a point on the boundary
line between suci properties, which is located
nearest to any wirdow or door of a dwelling on the
adjacent propert which is used for human
habitation;
Sec. 8137 - 0.1.16._ - Public Welfare - Horses shall
be kept and ma.int.;Ained in a prescribed area which
shall be in a clenn and. sanitary condition at all
times.
Sec. 8137 -0.2 Permitted Uses with Zoning Clearance for
Structures - In the RPD Zone, the following uses are permitted
pursuant to securing a zonin; clearance for all structures in
accordance with Sec. 8165 -0
Sec. 8137 -0.2.1 - Agricultural uses not involving
structures are permitt�. f as f.cllows:
a. Trees for fruit, r it , or timber;
b. Bushes or vines f(r berries and grapes;
C. Field, vegetable, ind truck or row crops;
d. Orchards, vineyard, and bushes for fruit or nuts;
e. Forest land;
f. Drying of crops, tray, straw, and seed;
g. Storage and wholesaling of crops;
h. The growing and harvesting of flowers, ornamentals,
and turf.
Sec. 8137 -0.2.2 - Farm animals and fowl as provided in
Sec. 8123 -2 and Sec. 8 '37 -0.1 16;
Sec. 8137 -0.2.3 - A mobilehome or travel trailer used as
a temporary dwelling daring construction in accordance
with Sec. 8160 -8.3;
Sec. 8137 -0.2.4 - Stands, Temporary - All temporary
stands established or maintained for the sale of
agricultural or horticultural. products, grown on the
premises, as permitted by this Article shall conform to
the following conditions and limitations:
Sec. 8137 - 0.2.4.1 - The floor area of such stands
shall not exceed four hundred (400) square feet
each;
Sec. 8137- 0.2.4.2 Such stands shall not be located
or maintained within twenty (20) feet, of any public
road, street or highway;
Sec. 8137 - 0.2.4.3 -- The construction thereof shall
be wood frame exc:]usively;
Sec. 8137 - 0.2.4.4 Owners thereof shall remove such
stands at their own expense when not in use for a
period of thirty 30) days.
Sec. 8137 -0.2.5 - Birds, except for commercial purposes,
are permitted in accordance with the following
requirements:
Sec. 8137 - 0.2.5.1 - The keeping of all birds
provided for here:Ln shall be for non - commercial
purposes, shall I.,e incidental to the principal
residential use, ind shall conform to all other
provisions of law governing same;
Sec. 8137 - 0.2.5.2 - No bird, cage, or other
enclosure shall be kept or maintained within fifteen
(15 ) feet of any , indow cli' door of any residence,
- E .-
dwelling, or other building used for human
habitation other than the personal dwelling or
residence of the ,,wner or keeper thereof;
Sec. 8137 - 0.2.5.3 - Such birds shall be kept and
maintained in a clean and sanitary condition at all
times and shall not cause or tend to cause
detrimental or injurious �- onditions to the public
health, safety, (xr general. welfare;
Sec. 8137 - 0.2.5.4 - This section shall not be
construed to permit the keeping of birds which are
wild or non - domestic or of a type not readily
classifiable as being customarily incidental and
accessory to a permitted principal residential use;
Sec. 8137 -1 - CONDITIONALLY PERMITTED USES (PLANNING
COMMISSION) - Subject to the approval of a conditional use
permit from the Planning Commission, the following uses may
be permitted, provided they meet the purpose and intent of
this Article and the provisic.)ns of this Chapter:
Sec. 8137 -1.1 - Pipeline and Transmission Lines - The
aboveground facilities and structures associated with
pipelines and transmission lines located on private
property, unless otherw6_se preempted by State law.
Sec. 8137 -2 - RESIDENTIAL PLANNED DEVELOPMENT PERMIT
REQUIREMENTS
Sec. 8137 -2.1 - Application -- An application for a
Planned Development Permit may be filed by the owner of
the property or his/her authorized agent. Such
application requests shall be filed with the Community
Development. Department. No application request shall be
accepted for filing and processing unless it conforms to
the requirements of this Chapter and the application
requirements set forth in Article 43. The average number
of units per acre shall be consistent with the zoning and
General Plan land use designation;
Sec. 8137 -2.2 - Content of Applications - The content of
the RPD Permit application shall be accompanied by the
prescribed number of copies of a project plan and such
other detailed elevations, plans and other information
as may be required to adequately evaluate the proposed
development. For a i °esidential subdivision project
requiring a RPD Permit, a tentative tract map or parcel
map application shall Tot be determined to be complete
until an application is il.o filed. and determined
complete for a RPD Permit consistent with the
requirements of this Article and the provisions of this
Chapter.
Sec. 8137 -2.2.1 - The project plans shall include the
following information:
a. A map showing division of the land for the sale of
individual property, if any.
b. Existing contours at two (2) foot intervals if the
existing ground slope is less than ten percent (10 %)
and at not less than five (5) foot intervals for
existing ground slopes greater than or equal to ten
percent (10 %). Contour intervals shall not be
spread more than one hundred fifty (150) feet apart
and existing contours shall be represented by dashed
lines or by screened lines.
C. Location of all existing living trees having a trunk
diameter of four ( 4 ) inches or more measured at four
and one -half (4 1/2) feet above the root crown, and
other major natural features shall be shown.
d. Proposed automobile and bicycle access and
pedestrian way locations and dimensions. Proposed
off - street parking, including the location, number
of stalls, dimensions and circulation system.
e. Proposed loading areas, including the location,
dimensions, and number of berths.
f. Lot dimensions and all recorded easements.
g. Areas proposed tc..a be dedicated or reserved for
parks, parkways, playgrounds, school sites, public
or quasi- public buildings and other such uses.
h. Areas proposed for commercial uses, multi - and
single - family dwellings, or any other uses proposed
to be established within the project.
i. Proposed location and elevations of buildings on
land including dimensions, the size of structure,
height, setback, materials and yard areas.
j. All proposed sign.;, and their locations, size and
height.
- H -
k. Proposed landscaping, walls, fencing, screening,
trash collection areas and usable open space areas.
1. Location and size of existing and all proposed
utility lines and drainages.
M. A schedule for the development if phasing is
proposed.
n. Tabulation of total number of acres in the proposed
project and the percent thereof designated for
various uses; and the number of dwelling units
proposed by type of dwelling for each unit of
development.
o. Construction materials and colors.
p. Such additional information as may be required by
the Director of Community Development or Planning
Commission. The Director may waive or modify items
required in this section, if such items are found
to pertain to conditions unaffected by the proposed
development.
Sec. 8137 -2.3 - Development Standards - Development
standards including building heights and setbacks shall
be consistent with the standards, conditions and
exceptions set forth in Article 40 unless modified by the
City Council or Planning Commission.
Sec. 8137 -2.3.1 RPD Zone Setback Regulations - The
following regulations, in addition to the standards
and exceptions set. forth in Article 40, shall apply
to the RPD Zone unless modified by the City Council
or Planning Commission:
a. Minimum side setback from any public street:
ten (10 ) feet.
b. Sum of side yards on any lot: minimum six (6)
feet.
C. Minimum distance between structures that are
separated by a side lot line and do not share
a common wale: six (6) feet.
d. Minimum setback from a rear lot line: ten (10 )
feet.
e. Entrances to garages and carports shall be set
back a minimum of 20 feet from any public
street from which they take direct access in
order to prevent vehicle overhang onto
sidewalks.
f. Detached accessory garages and carports may be
constructed along side and rear property lines
on commonly -owned land, provided that required
setbacks from public streets are maintained.
g. Structural additions not shown on the
originally approved site plan may extend up to
fifteen (15) feet into common areas, provided
that the other setback regulations of this
section are adhered to.
h. In the case of RPD subdivisions involving
townhouse developments, the setbacks shall be
measured from the exterior property lines
surrounding the project.
Sec. 8137 -2.4 - Parking Requirements - Parking shall be
provided consistent with City of Moorpark Ordinance No. 74
unless a modification is approved by the Planning Commission
or City Council.
Sec. 8137 -2.5 - Commercial Uses Permitted by RPD Permit -The
City Council may allow, within an area covered by the RPD
Permit, minor specified commercial uses when the Council
finds:
Sec. 8137 -2.5.1 - The c..ommerci.al uses are designed for
the sole use of residen;:s within the permit area;
Sec. 8137 -2.5.2 - The proposed commercial uses are
incidental to and compatible with the nature and type of
development proposed for the permit area and shall be
confined within the internal area of the development to
minimize impacts to existing neighborhoods.
Sec. 8137 -2.6 - Findings - A RPD Permit may only be granted
if all billed fees and charges for processing the application
request that are due for payment have been paid, and if all
of the following findings can be made based on factual
evidence and testimony presented at: the public hearing:
a. Finding that the planned development is consistent with
the intent and provisions of the City's General Plan,
Zoning Code, and any applicable Specific Plan.
107F
c.
Finding that the planned development is compatible with
the character of surrounding development.
Finding that the planned
obnoxious or harmful, or
neighboring property oz- uses,
Finding that the planned
detrimental to the public
convenience, or welfar (,.
development would not be
impair the utility of
development would not be
interest, health, safety,
SECTION 2. Severability. if any provision or clause of this
Ordinance or the application thereof to any person or circumstance
is held to be unconstitutional gar to be otherwise invalid by a
final judgment of any court (:)f competent jurisdiction, such
invalidity shall not affect any other provisions or clauses or
applications thereof which can be implemented without the invalid
provision or clause or application, and to this end, the provisions
and clauses of this Ordinance are declared to be severable.
SECTION 3. This Ordinance shall take effect thirty (30) days
after its passage and adoption.
SECTION 4. The City Clerk shall certify to the passage and
adoption of this Ordinance; shat l enter the same in the book of
original ordinances of said City; shall make a minute of the
passage and adoption thereof in the records of the proceedings of
the City Council at which the !:Same is passed and adopted; and
shall, within fifteen (15) days after the passage and adoption
thereof, cause the same to be published once in a weekly newspaper
of general circulation, as defined in Section 6008 of the
Government Code, for the City if Moor.-park and which has been
designated for that purpose.
PASSED AND APPROVED this day cif , 1990.
ATTEST:
City Clerk
Mayor of the City of Moorpark, California
- 1 --
PAUL W. LAWRASON, Jr.
Mayor
SCOTT MONTGOMERY
Mayor Pro Tern
ELOISE BROWN
Councilmember
CLINT HARPER, Ph.D.
Councilmember
BERNARDO M. PEREZ
Councilmember
LILLIAN KELLERMAN
City Clerk
OORPARK
vpu�
4.C:
t -\
CITY OF MOORPARK
PLANNING COMMISSION
STAFF REPORT March 29, 1990
STEVEN KUENY
City Manager
CHERYL J.KANE
City Attorney
PATRICK RICHARDS, A.I.C.P.
Director of
Community Development
R. DENNIS DELZEIT
City Engineer
JOHN V. GILLESPIE
Chief of Police
RICHARD T. HARE
City Treasurer
SECTION I - GENERAL INFORMATION
A. HEARING DATE: B. HEARING TIME:
April 2, 1990 7:00 p.m.
C. HEARING LOCATION: D. CASE NO.:
City Council Chambers Zoning Change Z -90 -1
E. STAFF CONTACT: F. APPLICANT:
Deborah Traffenstedt City of Moorpark
Senior Planner
G. PROPOSED PROJECT AND LOCATION:
The proposal is to amend various sections of the City Zoning
Code to require that a Residential Planned Development (RPD)
Permit be obtained for a project creating five (5) or more
separate lots, and to amend the Zoning Code to revise and
clarify RPD Permit requirements. This proposal would affect
residentially zoned properi :..y citywide. A draft ordinance,
which would need to be adopted by the City Council to
implement the proposed Zoning Code changes, is attached as
Exhibit A. The City's existing RPr) Zone section (Article 19)
is attached as Exhibit B.
The specific code sections proposed to be amended and the
revised text are identi.fiek�, in the draft ordinance and are
summarized on the followi.nct pae]e.
799 Moorpark Avenue Moorpark California 93021 (805) 529 -6864
Revise Sections 8121 -0 (Rural Agricultural, R -A, Zone),
8123 -0 (Rural Exclusive, R -E, Zone), 8124 -0 (Single
Family Estate, R -0, Zone) and 8125 -0 (One - Family
Residential, R -1, :one) and 8126 -0 (Two- Family
Residential, R -2, Zone) to a6l the following language at
the end of these sec::tions. "A Residential Planned
Development Permit shall be required for projects
creating five (5) or more separate residential lots and
shall be subject to tht. permi.r, requirements set forth in
Sec. 8137 -2 of Articl(. 19.
Revise Article 19, which currently addresses residential
planned development in the RPD Zone, to also address
specific RPD Permit requirements as shown on Exhibit A.
H. REQUESTED ACTION AND STAFF RECOMMENDATION:
1. Open the public heari_fg and accept public testimony.
2. Make the appropriate t.Lndings.
3. Direct staff to prepare a resolution recommending
approval of the attached draft ordinance (Exhibit A)
which would revise various sections of the City Zoning
Code related to RPD T'ermi., requirements as identified
above.
SECTION II - ORDINANCE CHANGE BACKGROUND
On February 5, 1990, the Planning Commission held a public hearing
to discuss the rezoning of various properties from One - Family
Residential (R -1) and Rural Exclusive (R -E) to Residential Planned
Development (RPD). The Commission closed the public hearing on
that date and then continued the matter until additional
clarification could be obtained from the City Council regarding the
actual purpose and intent behS.nd the proposed rezoning. The
Planning Commission also directed staff: to request that the City
Council extend a moratorium on the development of vacant property
in the R -1 and R -E Zones that wa::a established by Ordinance No. 117
to allow adequate time for the Commission to hold a second public
hearing regarding the proposed r,�zorii. nc], .
Staff brought this matter bade t�, the City Council on February 21,
1990. Because of the concerns expressed by the Planning Commission
and the general public at the February 5 hearing, staff recommended
to the City Council on February 21. tha,..., instead of rezoning any
properties, the Council initiat(: ar amendment to the City Zoning
Code related to RPE) Permit rE?(JU i rq nerlr 3 ., What was proposed was
that a Planned Development Permit be required for any residential
project consisting of five or more separate lots or dwelling units,
regardless of the actual residential zone designation. Staff
suggested the five lot and unit criterion because this is the
system that the City of Simi Valley currently follows (see Exhibit
C). Simi Valley selected the five lot criterion because a
tentative tract map is generaily required for a residential
subdivision of five or more lots. Residential subdivisions of less
than five lots are considered minor subdivisions and require a
parcel map instead of a tentative tract map.
In addition to staff's recommendation to the City Council related
to RPD Permit requirements, staff also suggested to the Council
that the moratorium on development in the R -1 and R -E Zones be
cancelled. That suggestion was made because several property
owners in the downtown area had been prevented from obtaining a
building permit for a new si.ngle-- fam:i]L.y residence due to the
moratorium.
The City Council concurred with staff's recommendation, and on
February 21, 1990, voted to direct staff to prepare an ordinance
cancelling the moratorium and voted to initiate an amendment to the
City Zoning Code to require that a Planned Development Permit be
obtained for all residential development consisting of five (5) or
more separate lots or dwelling units,. On March 7, the Council
adopted an urgency ordinance cancelling the moratorium immediately
upon adoption.
SECTION III - ANAL,YSIS
Amending the Zoning Code to include a Planned Development Permit
requirement similar to Simi Valley's would eliminate the need to
rezone any property. This ordinance change would also ensure that
a Planned Development Permit is obtained for all larger residential
developments, regardless of whether the property is zoned R -1 or,
for example, R -E 5 Acre. Smaller property owners would not be
impacted. Staff has included clarification in the attached draft
ordinance that an application fog a tentative tract map of five or
more residential lots would not be determined to be complete until
an application was also filed a sd determined complete for a RPD
Permit.
While staff initially proposed to the City Council having the same
language as Simi Valley, i.e., that a Planned Development Permit
shall be required for residential development consisting of five
(5) or more separate lots or dwelling units, we are no longer
recommending that the five dwelling unit requirement be included
for the following reasons:
Developer could very easily find a way to circumvent a five
dwelling unit criterion and enforcement would be difficult.
For example, if a developer receives building permits to
construct four homes on existing contiguous lots, completes
those homes, and then applies for a fifth building permit,
requiring a RPD Permit for tie fifth home would be pointless.
There are no existing lots in the City where five or 'more
units could be built on one lot without a RPD Permit. In
other words, all multi - family zoning in the City (other than
the R -2 Zone) already requires a RPD Permit.
Requiring that a RPD Permit be � _)btained in conjunction with any
request for a five lot or greater residential subdivision will
ensure that the larger undeveloped properties in the City receive
adequate scrutiny to ensure that impacts to existing neighborhoods
and home owners are minimized If additional controls are
determined necessary at a late.i time, the Zoning Code can be
amended again. Since the City Ls considering adopting the new
County Zoning Code, this would present an additional opportunity
to amend the RPD Zone and permit requirements. With this current
proposal, staff has expanded the RPD Permit application
requirements similar, to that requair.ed by the City of Simi Valley.
Revised Zoning Code sections are shown in bold on the attached
draft ordinance (Exhibit A).
SECTION IV - GENERAL PLAN CONSISTENCY
Because no change is proposed to the density of development allowed
on a property, and since the purpose of the RPD Permit process is
to produce an environment of stable, desirable character which will
be in harmony with the existing or potential development of the
surrounding neighborhood, the proposed amendments to the City
Zoning Code are considered consL - tent w:th the General Plan.
SECTION V - ENVIRONMENTAL CLEARANCE
Staff has determined that the proposal to amend certain sections
of the City Zoning Code to require a RPD Permit for residential
development consisting of five c, more separate lots or dwelling
units is categorically exempt based on Section 15308 of the
California Environmental Quality Act (CEQA) Guidelines. This CEQA
exemption covers actions taken by agencies to assure the
maintenance, restoration, enhancement, or protection of the
environment where the regulatory process involves procedures for
protection of the environment. The RPD Permit process does involve
procedures for protection of the environment.
SECTION VI CONCLUSIONS
It is staff's opinion that the current proposal to amend certain
sections of the City Zoning Code to require a RPD Permit for
residential development consisting of five or more separate lots
and to revise and clarify RPD Permit requirements is superior to
the original proposal presented to the Planning Commission on
February 5, 1990, which would have required changing the zoning of
various properties from R -1 and R -E to RPD. Owners of smaller
residential property would not be impacted by the current proposal,
and all property owners would be treated equally regardless of
which area of the City they reside. The RPD Permit requirement
will ensure that a new residential development will be in harmony
with the existing or potential development of the surrounding
neighborhood, and that development meets standards of environmental
quality, public health and safet }, and crff.icient use of the City's
resources.
SECTION VII - STAFF RECOMMENDATION
That the Planning Commission direct staff to prepare a resolution
recommending that the City Council approve an ordinance consistent
with Exhibit A, amending certain sections of the City Zoning Code
related to RPD Permit requirements, for consideration at the
Commission's next regular meetinq on April 16, 1990, based on the
following findings:
1. The proposed Zoning Code amendments will provide a
comprehensive system for compatible and orderly residential
development.
2. The proposed Zoning Code amendments will protect the
residential character of existing urbanized neighborhoods.
3. The proposed Zoning Code amendments will not result in
significant environmental impacts and are categorically exempt
based on Section 15308 of t��e CEQA Guidelines.
4. The proposed Zoning Code amendments are consistent with the
City of Moorpark General Pt
Prepared by:
Deborah S. Traffenstedt
Senior Planner
3 -28 -9O
Date
EXHIBITS:
Approved by:
atrick J Richards
7 ` ectcar c� Community Development
Exhibit A - Draft Ordinance Amending Various Sections of the
City Zoning Code to Include a RPD Permit Requirement
Exhibit B - Article 19 -- Resident. al Planned Development in
(R -P -D) Zone
Exhibit C - City of Simi 1,alley Planned Development Permit
Code Section
EXHIBIT A
ORDINANCE: NO.
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, AMENDING ARTICLES 3, 5, 6, 7, AND
8 OF THE MOORPARK ZONING CODE TO INCLUDE A
REQUIREMENT THAT A RESIDENTIAL PLANNED
DEVELOPMENT (RPD) PERMIT BE OBTAINED FOR
PROJECTS CREATING FIVE (5) OR MORE SEPARATE
LOTS AND AMENDING ARTICLE 19 TO REVISE AND
CLARIFY RPD PERMIT REQUIREMENTS
WHEREAS, at a duly noticed public hearing on April 2, 1990,
the Moorpark Planning Commission considered a proposed amendment
to the Moorpark Zoning Code to revise Articles 3, 5, 6, 7, and 8
to include a requirement that a RPD Permit be obtained for projects
creating five (5) or more separate lots, and considered an
amendment to Article 19 to revise and clarify RPD Permit
requirements; and
WHEREAS, after careful consideration, the Planning Commission
reached its decision in the matter and adopted Resolution No. PC-
90- recommending approval ::)f said proposed amendments; and
WHEREAS, public notice havi..ng been given in time, form and
manner as required by law, the City Council of the City of Moorpark
has considered said proposed amendments at a public hearing on May
1990, and has reached its de-ision;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. That Articles , 5, 6, 7, 8, and 19 are hereby
amended by revising various sections as identified below:
Article 3 ( R -A Zone) , Sec. 8 121 -0 - Revise to read as follows:
"PERMITTED USES - In the R -A Zone, the uses identified below
are permitted only as hereinafter specifically provided for
by this Article, subject to the general provisions and
exceptions set forth in this Chapter beginning with and
following Article 40. A Residential Planned Development
Permit shall be required for projects creating five (5) or
more separate residential lots and shall be subject to the
permit requirements set for °h in Sec. 8137 -2 of Article 19."
Article 5 (R -E Zone), Sec. 8123 -0 Revise to read as follows:
"PERMITTED USES - In the R -E Zone, the uses identified below
are permitted only as hereinafter specifically provided for
by this Article, subject to the general provisions and
exceptions set forth in this Chapter beginning with and
following Article 40. A Residential Planned Development
Permit shall be required for projects creating five (5) or
more separate residential lots and shall be subject to the
permit requirements set fort-..h in Sec. 8137 -2 of Article 19."
Article 6 (R -O Zone), Sec. 8124 -0 - Revise to read as follows:
"PERMITTED USES - In the R -O Zone, the uses identified below
are permitted only as hereinafter specifically provided for
by this Article, subject to the general provisions and
exceptions set forth in this Chapter beginning with and
following Article 40. A Residential Planned Development
Permit shall be required for projects creating five (5) or
more separate residential lots and shall be subject to the
permit requirements set forth in Sec. 8137 -2 of Article 19."
Article 7 ( R -1 Zone) , Sec. 8125 -0 - Revise to read as follows:
"PERMITTED USES - In the R -1 Zone, the uses identified below
are permitted only as hereinafter specifically provided for
by this Article, subject to the general provisions and
exceptions set forth in this Chapter beginning with and
following Article 40. A Residential Planned Development
Permit shall be required for projects creating five (5) or
more separate residential Lots and shall be subject to the
permit requirements set forth in Sec. 8137 -2 of Article 19."
Article 8 (R -2 Zone), Sec. 8126 -0 -• Revise to read as follows:
"PERMITTED USES - In the R -2 Zone, the uses identified below
are permitted only as hereinafter specifically provided for
by this Article, subject to the general provisions and
exceptions set forth in this Chapter beginning with and
following Article 40. A Residential Planned Development
Permit shall be required f`(::)r projects creating five (5) or
more separate residential lots and shall be subject to the
permit requirements set forth in 15ec. 8137 -2 of Article 19."
Article 19 - This Art -Lcl is horeby amended to read as
follows:
"RESIDENTIAL PLANNED DEVELOPMENT IN (RPD) ZONE AND
RESIDENTIAL PLANNED DEVELOPMENT PERMIT REQUIREMENTS
Sec. 8137 -0 - PURPOSE OF ZONE - The purpose of this zone is to
provide areas for communities which will be developed utilizing
modern land planning and unified design techniques; this zone
provides a flexible regulatory 1rocedure in order to encourage:
a. Coordinated neighborhood design and compatibility with
existing or potential development of surrounding areas;
b. An efficient use of land particularly through the
clustering of dwelling units and the preservation of the
natural features of sates;
C. Variety and innovation in site design, density and
housing unit options, including garden apartments,
townhouses and single - family dwellings;
d. Lower housing costs through the reduction of street and
utility networks;
e. A more varied, attractive and energy- efficient living
environment as well as greater opportunities for
recreation than would be possible under other zone
classifications; and
f. An environment of stable, desirable character which will
be in harmony with the existing or potential development
of the surrounding neighborhood.
The Planning Commission or City Council may grant a Residential
Planned Development (RPD) Permit for such land in an RPD Zone or
other residential zone which it finds meets the requirements of
this Article. The Planning Commission or City Council may impose
such additional conditions and requirements upon a RPD Permit as
it finds are reasonable and necessary to carry out the purposes and
requirements of this Article.
Sec. 8137 -0.1 - Permitted Uses with RPD Permit - In the RPD
Zone, the following uses are permitted pursuant to the
approval of a RPD Permit by either the Planning Commission or
City Council as specified in City of Moorpark Resolution No.
88 -523, consistent with the requirements contained in this
Article:
Sec.
8137 -0.1.1
- Boarding and lodging houses;
Sec.
8137 -0.1.2
- Chur ° -hes;
Sec.
8137 -0.1.3
- Day nurseries;
Sec.
8137 -0.1.4
- Dwellings,
one- family;
Sec.
8137 -0.1.5 -
Dwea:ings,
two - family;
Sec.
8137 -0.1.6 -
Dwelaings,
multiple family;
Sec. 8137 -0.1.7 - Fire stations, temporary detention
facilities and other facilities for Federal, State and
County law enforcement agencies, but not including jails,
prisons or other place:; of confinement;
Sec. 8137 -0.1.8 - Fraternities and sororities, excluding
those whose chief activity is a service customarily
carried on as a business;
Sec. 8137 -0.1.9 - Publ:� parks and playgrounds;
Sec. 8137 - 0.1.10 - Comme=rcial uses as provided for by the
RPD Permit.;
Sec. 8137- 0.1.11 - Sign consistent with City of Moorpark
Ordinance No. 82.
Sec. 8137 - 0.1.12 - Subdivisions - The following uses are
permitted:
Sec. 8137- 0.12.1 - A temporary real estate sales
office may be permitted in advance of the filing of
a final map after road plans have been submitted to
the City Engineer s Office for approval;
Sec. 8137 - 0.12.1.♦ - A temporary real estate sales
office may be maintained for a period of eighteen
(18) months or antil all of the lots in the
subdivision have 1, -)een sold, whichever is earlier.
Sec. 8137 - 0.1.13 - In any neighborhood building project,
during construction and sixty (60) days thereafter,
property in said project area may be used for the storage
of materials, exclud.y..ng batch plants, used in the
construction of the individual buildings in the project
and for the contractor s temporary office;
Sec. 8137 - 0.1.14 - Watcr Supply - The following uses are
permitted:
Sec. 8137 - 0.1.14. 1 - The drilling of water wells for
the production of water on any lot or parcel of land
is permitted if water from said well is used only
upon the lot or parcel, upon which the well is
located;
Sec. 8137 -0. 1. l.4 . - Any lot or parcel of land under
the ownership of any mutual water company or
established water district: or any public water
supply agency may be used by it for the production
and dispensing of such water, together with normal
appurtenances acc(>ssary thereto.
Sec. 8137 - 0.1.15 - tises and structures which are
incidental or accessory tc any of the uses permitted in
this zone;
Sec. 8137- 0.1.16 - Horses, except for commercial
purposes, are permitted on lots of one (1) acre or more
in accordance with the following requirements:
Sec. 8137 - 0.1.16., - One (1) horse is permitted for
each twenty thousand (20,000) square feet of lot
area on lots of one (1) acre or more in size;
Sec. 8137 - 0.1.16.;:? - Horses shall not be housed,
stabled, lodged, kept, maintained, pastured, or
confined, within one hundred (100) feet of any
window or door of any dwelling or other structure
used for human habitation on adjoining property, but
if a dwelling or adjoining property is located
within twenty -foux (24) feet or less of the boundary
line, permitted arx canals may be located not less than
seventy -five (75) feet from a point on the boundary
line between suc,i properties, which is located
nearest to any widow or door of a dwelling on the
adjacent property which is used for human
habitation;
Sec. 8137 - 0.1.16. - Public Welfare - Horses shall
be kept and maintained in a prescribed area which
shall. be in a cl.(,an and sanitary condition at all
times„
Sec. 8137 -0.2 - Permitted Uses with Zoning Clearance for
Structures - In the RPD Zone, the following uses are permitted
pursuant to securing a zonin +::T clearance for all structures in
accordance with Sec. 8165 -0
Sec. 8137 -0.2.1 - Agricultural uses not involving
structures are permitted as follows:
a. Trees for fruit., cat, or timber;
b. Bushes or vines f r ber.ri.es and grapes;
C. Field, vegetable, and truck or row crops;
d. Orchards, vineyards, and bushes for fruit or nuts;
e. Forest land;
f. Drying of crops, nay, straw, and seed;
g. Storage and wholesaLing of crops;
h. The growing and harvesting of flowers, ornamentals,
and turf.
Sec. 8137 -0.2.2 - Farm animals and fowl as provided in
Sec. 8123 -2 and Sec. 8137- 0.1.16;
Sec. 8137 -0.2.3 - A mobilehome or travel trailer used as
a temporary dwelling uring construction in accordance
with Sec. 8160 -8.3;
Sec. 8137 -0.2.4 - Stands, Temporary - All temporary
stands established or maintained for the sale of
agricultural or horticultural products, grown on the
premises, as permitted by this Article shall conform to
the following conditions and limitations:
Sec. 8137 - 0.2.4.., - The floor area of such stands
shall not exceed four hundred (400) square feet
each;
Sec. 8137-0.2.4.2 - Such stands shall not be located
or maintained within twenty (20) feet of any public
road, street or highway,
Sec. 8137 - 0.2.4.3 - The construction thereof shall
be wood frame exclusively;
Sec. 8137-0.2.4.4 - Owners thereof shall remove such
stands at their <:,wn expense when not in use for a
period of thirty 303 days.
Sec. 8137 -0.2.5 - Birds, except for commercial purposes,
are permitted in iccordance with the following
requirements:
Sec. 8137 - 0.2.5. The keeping of all birds
provided for herein shall be for non - commercial
purposes, shall be incidental to the principal
residential use, and shall conform to all other
provisions of law governing same;
Sec. 8137 - 0.2.5..? No bird, cage, or other
enclosure shall bF kept or maintained within fifteen
(15) feet of any ,window or door of any residence,
dwelling, or other building used for human
habitation other than the personal dwelling or
residence of the - ,)wner or keeper thereof;
Sec. 8137 - 0.2.5.: - Such birds shall be kept and
maintained in a clean and sanitary condition at all
times and shall not cause or tend to cause
detrimental or injurious conditions to the public
health, safety, or- general welfare;
Sec. 8137 - 0.2.5.4 - This section shall not be
construed to permit the keeping of birds which are
wild or non - domestic or of a type not readily
classifiable as being customarily incidental and
accessory to a permitted principal residential use;
Sec. 8137 -1 - CONDITIONALLY PERMITTED USES (PLANNING
COMMISSION) - Subject to the approval of a conditional use
permit from the Planning Commission, the following uses may
be permitted, provided they meet the purpose and intent of
this Article and the provi.s.ons of this Chapter:
Sec. 8137 -1.1 - Pipeline and Transmission Lines - The
aboveground facilities and structures associated with
pipelines and transmission Lines located on private
property, unless other,.gise preempted by State law.
Sec. 8137 -2 - RESIDENTIAL PLANNED DEVELOPMENT PERMIT
REQUIREMENTS
Sec. 8137 -2.1 - Application - An application for a
Planned Development Permit may be filed by the owner of
the property or his /her authorized agent. Such
application requests shall be filed with the Community
Development Department. No application request shall be
accepted for filing and processing unless it conforms to
the requirements of this Chapter and the application
requirements set forth in Article 43. The average number
of units per acre shall be consistent with the zoning and
General Plan land use designation;
Sec. 8137 -2.2 - Content of Applications - The content of
the RPD Permit application shall be accompanied by the
prescribed number of copies of a project plan and such
other detailed elevations, plans and other information
as may be required to adequately evaluate the proposed
development. For a. residential subdivision project
requiring a RPD Permit,, a tentative tract map or parcel
map application shall. not be determined to be complete
until an applicat.�_oin is also filed and determined
complete for a RPD Permit consistent with the
requirements of this Article and the provisions of this
Chapter.
Sec. 8137 -2.2.1 - The project plans shall include the
following information:
a. A map showing division of the land for the sale of
individual property, if Tiny.
b. Existing contours at two (2) foot intervals if the
existing ground slope is less than ten percent (10 %)
and at not less than five (5) foot intervals for
existing ground slopes greater than or equal to ten
percent (10 %). Contour intervals shall not be
spread more than one hundred fifty (150 ) feet apart
and existing contours shall be represented by dashed
lines or by screened lines.
C. Location of all existing living trees having a trunk
diameter of four ( 4 ) inches or more measured at four
and one -half (4 1/2) feet above the root crown, and
other major natural features shall be shown.
d. Proposed automobile and bicycle access and
pedestrian way locations and dimensions. Proposed
off - street parking, including the location, number
of stalls, dimensions and circulation system.
e. Proposed loading areas, including the location,
dimensions, and number of berths.
f. Lot dimensions and all recorded easements.
g. Areas proposed tc) be dedicated or reserved for
parks, parkways, playgrounds, school sites, public
or quasi- public buildings and other such uses.
h. Areas proposed for commercial uses, multi - and
single - family dwellings, or any other uses proposed
to be established within the project..
i. Proposed location and elevations of buildings on
land including dimensions, the size of structure,
height, setback, materia -Ls and yard areas.
j. All proposed sign,:; and their locations, size and
height.
k. Proposed landscaping, walls, fencing, screening,
trash collection areas and usable open space areas.
1. Location and size of existing and all proposed
utility lines and drainages.
M. A schedule for a.he development if phasing is
proposed.
n. Tabulation of total number of acres in the proposed
project and the percent thereof designated for
various uses; and the number of dwelling units
proposed by type of dwelling for each unit of
development.
o. Construction materials and colors.
p. Such additional information as may be required by
the Director of Community Development or Planning
Commission. The Director may waive or modify items
required in this section, if such items are found
to pertain to conditions unaffected by the proposed
development.
Sec. 8137 -2.3 - Development Standards - Development
standards including building heights and setbacks shall
be consistent with the standards, conditions and
exceptions set forth in Article 40 unless modified by the
City Council or Planning Commission.
Sec. 8137 -2.3.1 - RPD Zone Setback Regulations - The
following regulations, in addition to the standards
and exceptions set forth in Article 40, shall apply
to the RPD Zone unless modified by the City Council
or Planning Commission:.
a. Minimum side setback from any public street:
ten (10 ) feel.
b. Sum of side yards on any lot: minimum six (6)
feet.
C. Minimum distance between structures that are
separated by a side lot line and do not share
a common wall: six (6) feet.
d. Minimum setback from a rear lot line: ten (10 )
feet.
e. Entrances to garages and carports shall be set
back a minimum of 20 feet from any public
street from which they take direct access in
order to prevent vehicle overhang onto
sidewalks.
f. Detached accessory garages and carports may be
constructed along side and rear property lines
on commonly -owned land, provided that required
setbacks from public streets are maintained.
g. Structural additions not shown on the
originally approved site plan may extend up to
fifteen (15) feet into common areas, provided
that the other setback regulations of this
section are adhered to.
h. In the case of RPD subdivisions involving
townhouse developments, the setbacks shall be
measured from the exterior property lines
surrounding the project.
Sec. 8137 -2.4 - Parking Requirements - Parking shall be
provided consistent with City of Moorpark Ordinance No. 74
unless a modification is approved by the Planning Commission
or City Council.
Sec. 8137 -2.5 - Commercial Uses Permitted by RPD Permit -The
City Council may allow, within an area covered by the RPD
Permit, minor specified commercial uses when the Council
finds:
Sec. 8137 -2.5.1 - The commercial uses are designed for
the sole use of residents within the permit area;
Sec. 8137 -2.5.2 - The proposed commercial uses are
incidental to and compatible with the nature and type of
development proposed for the permit area and shall be
confined within the internal. area of the development to
minimize impacts to existing neighborhoods.
Sec. 8137 -2.6 Findings - A RPD Permit may only be granted
if all billed fees and charges for processing the application
request that are due for payment have been paid, and if all
of the following findings can be made based on factual
evidence and testimony presented at the public hearing:
a. Finding that the planned development is consistent with
the intent and provisions of the City's General Plan,
Zoning Code, and any applicabLe Specific Plan.
b. Finding that the planned development is compatible with
the character of surrounding development.
C. Finding that the planned development would not be
obnoxious or harmful, or :impair the utility of
neighboring property or uses.
d. Finding that the planned development would not be
detrimental to the public interest, health, safety,
convenience, or welfare.'
SECTION 2. Severability. if any provision or clause of this
Ordinance or the application thereof to any person or circumstance
is held to be unconstitutional or to be otherwise invalid by a
final judgment of any court caf competent jurisdiction, such
invalidity shall not affect any other provisions or clauses or
applications thereof which can be implemented without the invalid
provision or clause or application, and to this end, the provisions
and clauses of this Ordinance are declared to be severable.
SECTION 3. This Ordinance shall take effect thirty (30) days
after its passage and adoption.
SECTION 4. 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 Cit:.y; shall make a minute of the
passage and adoption thereof in the records of the proceedings of
the City Council at which the same is passed and adopted; and
shall, within fifteen (15) days after the passage and adoption
thereof, cause the same to be published once in a weekly newspaper
of general circulation, as defined in Section 6008 of the
Government Code, for the City oaf Moorpark and which has been
designated for that purpose.
PASSED AND APPROVED this day of 1990.
ATTEST:
City Clerk
Mayor cif` the City of Moorpark, California
-- 1 -
EXHIBIT B
RT LE 9
RESIDEN -1:AL PLA�NLINED `)' 7ELJPi-1 ^VT 1'7 (R -P -D) ZONE
Sec. 8137 -0 - PURPOSE OF ZO��s;
whereby land ma - In order to provide a method
y e designed and developed as a unit for
residential use by taking ac�-- an.age of modern site planning
techniques, and
In order to produce an envir.)nment c.>f stable,
acter which will be in harmo:-� desirable char -
development of the surroundi „y with the existing or potential
g neighborhood, and
In order to produce developments which meet standards of open
space, light, air, pedestrian; and vehicular circulation, and
maximum density of dwelling (,.:nits, land in this zone may be
used as set forth herein.
The Planning Commission may grant a Residential Planned
Development Permit for such land in an R -P -D Zone which it
finds meets the requirements of this Article, The Planning
Commission may impose such additional conditions and require-
ments upon a Residential Planned Development Permit as it finds
are reasonable and necessary .::o Carr,,, out the ur.
C requirements of this zone: ( ,
�1 per' 2845 5/14/74) P Poses and
Sec. 8137 -0.1 - Permitted Uses
permitted pursuant to a Plannedl Development Permit a obtained following uses
the
Planning Commission and processed as a discretionary
Article 43: iW�f. ORD, ry p e
2845 - /' 4/74_ Am. ORD. 3638 -2/ 2 /83�ursuant to
Sec. 8137 -0.1.1 - (Delet,!d 3/21!73, Ord. 2713)
Sec. 8137 -0.1.2 - Boarci - .g ,nd - Odging houses;
Sec. 8137 -0.1.3 - Church's
Sec. 8137 -0.1.4 - Day nu series
Sec. 8137 -0.1,5 - Dwelli.,s, one - family;
Sec. 8137-0.,1.6 - Dwel.li ;;s, two- family;
Sec. 8137 -0.1.7 - Dwell;.r,,;s, mu "tiple family;
Sec. 8137 -0.1.8 - Fire stations, teuro orary detention
facilities and other faci'+ r
Count lava hies `or Federal, State and
Y enforcement agyncies, but not including jails,
prisons or other place3 c confinement;
4Fi
CC -?
4 r
Sec. 8137 -0.1.9 -
chose whose crier
carried on as a b
Sec. 8137- 0.1.10
Sec. 8137- O.L.1L
R -P -D Permit;
Sec. 8137- O.L.12
Sec. 8137- 0.1.13
permitted:
♦ r''. : r>
ac _ -;
u i: e::;
Cc
S�Jbd
'-eE and sororities, e:ccluding
a service customarily
ra-F 3 and playgrounds;
C: aL .ses as provided for by the
Lcle 24)
,,ri' ions - The following uses are
Sec. 8137 - 0.1.13.1. - �1 temporary real estate sales
office for the Lich- i � :urp,ase of conducting sale
only of lots in t;.e :' c.ivi Sion tract:
Sec . 8137-0 .1 . 13 .1-11-le temporary real estate
sales office may e T e`=:-tted in advance of the
filing of a fi.a'._ aT of ter road plans have been
submitted to the _t l _::: ';orks Deoarzment for
approval;
Sec. 8L37- 0.1.13._.2 The temporary real estate
sales office may `:: r,:aintaihed for a .period of
eighteen (18) z;or.a s or ,nail all of the lots in
the subdivision, a ;e bee, -. sold, w;ricIn. ever is
earlier.
Sec. 813 7 -O . L . L4 - in n e ignborhood building project
during construction an,d 31.KZ:7 ;60) days thereafter, proper-
ty in said project area ..ray be used for the storage of
materials, excluding b =,y-_:: pLants , used in the cons truct =on
of the individual boil :: gs in the project and for the
contractor's temporary
Sec. 8137 -0. L.15 - Wat: -:
Suool
r:
Sec. 8137- 0.1.15.1
:ne dr.11ing
of water wells for
the production of w. :
:�r or.
�_ny Lot or parcel of land
is permitted if wat,.
;.rota
said well is used only upo-, .
the lot or parcel _
:;;..
-he -,Zed; is loc
Sec. 8137- 0.1.15.2
1.rjv-'ot
or parcel of land under
the ownership of a,-.,,-
ut .1
water co .panv or estab-
lished water distr.4,::
or n;.
public water supply agent.'-
may be used by i_ �.
taz r .
ducticn and dispens i:,g of
suc. ", water. „ tozet'. ^.e
v
_ ��. -.:
r: a appurzanances acces -
son C -er '.t0
Sec. 313 7 -0. .? o - Use ,
^d t:
�ctu_es _c ara _- c :dan -z
or --:cCeSSC7--I 70 an
NI Sec. 5137 -0 _ :•
1.17 ,cr
are permitted on lots
es �_ :cect for co=ercial purposes ,
- with the following : e
;:e ;1) acre of ,,ore in accordance
7.
�:...._. __.. !- -._DD. OZD. 2595 - 5/30/72)
Sec. 8137 - 0.1.17.1.
each twenty thousan
G,..e (_) horse is permitted for
(�'O,.C')O) square feet
on lots of one (1)
of lot area
,rE
'7595 - 5/30/72)
acre in size; (ADD. ORD.
`
Sec. 8137- 0.1.17.2
stabled, lodged, ke:_,
hcrses shall not be housed,
fined, within one al_.:ldred
maintained, pastured, or con-
+;100) feet
door of any dwelling,
habitation
of any window or
or other structure used for human
on adjo;..'.':ng
adjoining
property, but if a dwelling or,
property ,
feet or less of
.; located within twenty -four (24)
the
may be located not 1.:
;: :)Cuada::-y Line, permitted animals
-ss then
from a point on the
seventy -five (75) feet
:ou::zda:ry line between such
ties, which is to -::r:t
of a dwelling
proper-
,2d ,-iea;rest to any window or door
on ::I-,E.
for human habitat;:: --
adjacent proper�::y which is used
'ADD ORD.
2595 - 5/30/72)
Sec. 8137- 0.1.17.:3 -
kept and
Public Welfare - Horses shall be
maintain(�c
be in a clean and
:i,i o.: -esC eo area which shall
(ADD . ORE. 2595 _
d�
..�'2 ��on at a 1 Mmes .
Sec. 8137 -0.2 - Permitted
- —
ing uses are permitted
�n the ? -P- t
-- - D Zone the follow-
pur
for all structures in ac c
_,a,,t t:.� securi
r .F, zg a zone clearance
17
2713 - 8/21/73)
-th Sec. 8165 -0: (ADD. ORD.
Sec. 8137 -0.2.1 - Agri�.:tLral
are permitted as foLlca
uses not involving structures
.�DI ORD. 2713 - 8/21/73)
a. Trees for fruit
:ut, o: tir..ber;
b. Bushes or vines
;r per :ies and grapes;
C. Field, vegetabl.e
ani t ucc or row crops;
d. Orchards, vine �,_::
- s , an,, bushes for fn:it or nuts;
e. Forest land;
f. Drying of crops ,
a,, st:-aw, and seed;
g. Storage and whc i v
crops;
h. The c,rowi
a, r - ng anc.
`G u. - .
r of flo
_ 'E � t__.z, Hers , or:;amenz: s
`�
Sec. 8137 -0.2.2 - Farm an":,ils ane' fowl as provided in Sec.
8123 -2 and Sec. 8137- 0.I.;. nDD. ORD. 2713- 8/21/73
Sec. 8137 -0.2.3 - A mobile.::)me or travel trailer used as a
temporary dwelling during c::)nstruction in accordance with
Sec. 8160 -8.3; (ADD ORD. ,_:,3- 3/2:'_,/73/AM. ORD. 3549- 6/2/81)
Sec. 8137 -0.2.4 - Stands, ',_ymoorary - All temporary stands
established or maintained �'ar the sale of agricultural or
horticultural products, grc,wn on the premises, as permitted
by this Article, shall con: :,rm to the following conditions
and limitations: ADD. ORI:' 2713,_8/21/73
Sec. 8137- 0.2.4.1 - The 'lour area of such stands
shall not exceed four ht.,:drt!d (400) square feet each;
ADD. ORD. 2713- 8/21/73
Sec. 8137 - 0.2.4.2 - Such stands shall not be located
o(r maintained within tweity (20) feet of any public
road, street or highway; ADD. ORD. 2713- 8/21/73
Sec. 8137- 0.2.4.3 - The ons,truction thereof shall be
wood frame exclusivel-i; A.DL . ORD. 2713- 8/21/73
Sec. 8137 - 0.2.4.4 - Owne s thereof shall remove such
stands at their own expe:.se when not in use for a
period of thirty (30) d,::i s. ADD. ORD. 2713 - 8/21/73
Sec. 8137 -0.2.5 - The keepi:g of birds of a type readily class-
ifiable as being customaril incidental and accessory to a
permitted principal reside -v :.a1 us,� , sub ject to the following
conditions:
Sec. 8137 - 0.2.5.1 - The �, %!eping of all birds provided for
herein shall be for
non -c.
incidental to the princJT7::.1
=-nerc:_a1 purposes, shall be
residential
conform to all other pr(" .
use, and shall
si,)r,s :)f law governing
same;
Sec. 8137 - 0.2.5.2 - No bi.d,
be kept or maintained
cage, or other enclosure shall
wit;;in
window or door of any residence,
fifteen (15) feet of any
dwelling, or
ing used for human habita
dwelling or residence
other build-
Jon ot'ier than the personal
f
110 owr,*�r or keeper thereof;
Sec. 8137- 0.2.5.3 - Such
in a clean and
arcs shall be kept and maintained
sanitary c
not cause or tend to
ndiCicii at all times and shall
c<iusl
tions tr.; the public he<tl
deLrir,ental or injurious condi-
sale! y, or general welfare;
Sec. 8137 - 0.2,5,4 - This
permit the keeping Iii
2ction shall not be construed to
of :-
or or a type not
.; whic- are wild or non - domestic
readily
incidental and
_ass t',.able as being customarily
accessory
ial use;
a ;e ted principal resident-
EN. ORD. 3451_7/-
Sec. 8137 -1 - CONDITIONALLY PM41,
the approval of a conditional u
designee as provided in Article
provided they meet the purpose and
of this Chapter: (ADD. ORD. 3633
`_ED USES (PLANNING DIRECTOR) - Subject to
permit from the Planning Director or
.he :following uses may be permitted,
Intent o`. this Article and the provisions
Sec. 8137 -1.1 - Pipeline and Tra_:smission Lines - The aboveground facilities
and structures associated with ; :pe.iaes and transmission lines located on
private property, unless otherwi preer7,ted by State law;
(ADD. ORD. 3638- 2/22/83)
Sec. 8137 -2 - PROCEDURE AND CONDITIONS FOR PERMITS
Sec. 8137 -2.1 - The applicant may submit to the Planning Director an
application for a Residential Panned Development Permit in the manner set
forth in Article 43 for the pr :)cessing of application requests, provided
that there will be not more thai :L an average of the number of units per acre
as specified by the R -P -D Subzonc:� or not more than 30 units per acre of land
covered by the application when ..,a R -P -D Subzone is not specified;
(AM. ORD. 2845- 5/14/74 -Am. M. 3638- 2/22/83)
Sec. 8137-2.2 - The applicant sh:::.1 :,ubmit to the Planning Director comolete
development plans showing the °aroposed uses for- the property including
dimensions and locations of .1 proposed structures, parking spaces,
streets, parks, playgrounds, 1110ol. sites, and open spaces, and such
additional information as may to e(lt:ested by the Planning Director;
(AM.. ORD. 2845 - 5/14/74 -,;,! 'S'S-2/22/83)
Sec. 8137 -2.3 - The applicar... shall submit evidence showing
that the proposed developmer:: is designed to produce an
environment of stable and c.Je^ irz�ble character and that areas
CC -2
� 1
of open space, park;-,-is: r G`ional T; ;
are consistence ait:. -- aci__t_es
developen - _tad popu_"_ on o t'.e
Sec. 8137 -2.4 - The 'la :::
- --p 7;ission Lay allow, within an area corered by the „
referred to in
minor s ecif= rz this Sectier.,
p wed co: �e_��. .. uses when the Planning
0 Corn fission
finds: (A2'i. ORD. 2345 /14,'7,.)
Sec. 8137 -2.4.1
the sole use
:�omierical uses are designed for
of resicc
t; Within the permit area;
Sec. 8137 -2.4.2 - The
dental to
.ro,�os,?d commercial uses are inci-
and co,.. atic
development proposed z:r
-e w' it': the nature and type of
confined within the
_.e permit area and shall be
�-s c:: t::e development.
Sec. 8137 -2.5 - Each Resi:.entiaL
shall contain the foilow:..g
Planned Development Per-mit
ditions deemed by the 'r'1�::ni,:g
Conditions and such other con-
.necessary to accomplish t
Osraission to e reasonably
be as as
T,f, ---
(AM . 0 RD 2 845
e uses of this
.
Sec. 8137 -2.5.1 - The aplicanc shall submit a con-
struction sequence fc::- _he land covered by the permit
showing the order in LCI, pa:-ticular structu_
be constructed and Lo<�;: a "es will
applicant shall pF'LOYal of said sequence the
not �._ ,_ate. from said sequence without
written approval by C_I;k: Planning Director. At no time
shall there be more t:,:, an average o,f the allowable
units per acre constr_.,:c: -ed or under constrsction on -the
portion of the land -.as been developed or is under
developee-it
Sec. 8137 -2.5.2 - UnLe
Planning Comziissior., r.c
constructed less than t
line which is adjacent
structure exceeds a 'lie i
shall be set back frc17
five (5) feet for eac:-
thereof by which suc: y
feet. (A2-r. ORD. 284` -
o =he:_w-4 se authorized by the
pa:: z off any structure shall be
y C20) feet from any property
Perimeter street. if such
o:: ',:7-wenty -five (25) feet it
a—ci property line an addicional
^• CID) ~ feet in hei ght or portion.
exceeds twenty -five (25)
Sec. 8137 -2.6 - The
Of this Chapter shall �r.er_
:;r.s �`' article
Residential Planned yPe . it to ha
long as it is developed a::,: maim, fined ins
Section and all conditio: t:: t} �e Wit.
40 and Article 41
land for which a
I granted so
accordance wit. h
phis
June, 1985 Draft
EXHIBIT C
(4) Zoning Clearances an all otteer permits and certificates shall
become null and void f
(i) the applicat 1)n ^equest which was submitted was not in
full , true a 1 '()rre,;t form.
(ii) the clearanc i-1,.ued does not comply with the terms and
provisions c to p -rmit originally granting the use
within Ch3pt, s r ?.
(b) Planned Development Permi
(1) Purpose - The Planne i Development Permit procedure is intended
to provide a method Thereby land may be designed and developed
as a unit by tak ng advantage of modern site planning
techniques; and to p- -oduce an environment of stable, desirable
character which wi'` be in harmony with the existing or
potential developmen of the surrounding neighborhood; and to
ensure development .4hich meets standards of environmental
quality, public 3e -i' "h and safety, and efficient use of the
City's resources.
(2) General Provisions
(i) A Planned De.slopmen� Permit shall be required for:
(aa) reside —.ia development consisting of five (5) or
mor? iar, I- 3:3ts or dwelling units;
(ab) those ,es noted in the matrix as requiring such
in tho -e, den ial zones - Section 9- 1.506; and
(ac) all co mercial and industrial development within
the C,.,y all uses listed in Section 9- 1.507)
unless use permit is required.
(ii) For projects requiring a Planned Development Permit, no
building or -ad ir;g - �ermit of any kind shall be issued
for any s.ich iev( Inpment until the development has been
approved is r, n ), )vided.
(3) Application
(i) Application
made on the
of Commun i * ,.
accompanied
project plan
and other in
evaluate t.lf
shall be s i l
with the ion
The pro,
informat.iw,
or 3 Pl,3nned Development Permit shall be
res:ribed form provided by the Department
Development. The application shall be
Y the prescribed number of copies of a
ind such other detailed elevations, plans
)rmit,ior as may be required to adequately
p +-(;pos,2d development. All applications
A t)y tr�e owner of the property or person
;fir - o, e )ower of attorney.
pI, -! , ,hall include the folIowinn
June, 1985 Draft
(aa) A map s° +owing division of the land for
the sale
of indi,idual
property, if any.
Proposes
(ab) Existin,
contours at two (2) foot intervals if
the ex
tin ground slope is less
than ten
percent
10 ". and at not less than five
(5) foot
interva
for existing ground slopes greater
than
or eau
1 to ten percent (10%) --
contour
interva
; ,hall not be spread more
than one
hundred
fi`ty (150) feet apart and
existing
contour
shall be represented by dashed
lines or
by scr!ned
lines; location of all
existing
living
rees h&ving a trunk diameter of six (6)
inches
r more measured at four (4) feet above
grade a
i )'her major natural features.
(ac) Propose automobile and bicycle access and
pedestr
in way
locations
and dimensions.
Proposes
cff- street parking,
including the
locatioi
number
of stalls,
dimensions and
circula
on system.
(ad) Propose
oading,
including
the location,
dimensi
'is, num ^er
of berths.
(ae) Lot dimisions ind all recorded easements.
(af) Areas [ oposed to be dedicated or reserved for
parks, parkways, playgrounds, school sites,
public - quasi- public buildings and other such
uses.
(ag) Areas proposed for commercial or industrial uses,
multi- nd single- family dwellings, or any other
uses p opo-led to be established within the
project
(ah) Propose location and elevations of buildings on
land, nc?uding dimensions, the size of
structi, -, heicht, setback, materials and yard
area3.
(ai) All pro, )sed signs and their locations, size and
heig7t.
(aj) Propose landscaping, walls, fencing, screening,
trasi I'ecticn areas and usable open space
area-,.
(ak) Locar_i)! and s• .re of existing and all proposed
utiIit., rocs ar,l drainages.
1 ; � --
June, 1985 Draft
(al) A schedle for the development to be constructed
in pha; ng; tabulation of total number of acres
in the proposed project and percent thereof
designa °ed for various uses; and the number of
dwell-r units proposed by type of dwelling for
eacry r t �F, development.
(am) Such ao,iti�)nal information as may be required by
the Dir cto, of Community Development or Planning
Commi�.s Dn. The Director may waive or modify
items r,aui -ed in this section, if such items are
found t pertain to conditions unaffected by the
propo, e de re l o ?,ment.
(4) Findin s - In ordE,r grant a Planned Development Permit, the
factual evidence and Testimony presented in the public hearing
must be sufficient to ;uoport the following findings:
(i) Finding that le planned development is consistent with
the Simi ',&I ey General Plan and any applicable
Specific Ply r
(ii) Finding that the planned development does assure
compatibility of_ property uses within the zone and
general area
Finding than 'he proper standards and conditions have
been imposes ihich protect the public health, safety
and welfare,
(c) Cluster Development Permit
(1) Purpose - The Cluster Jevelopment Permit is intended to provide
a meth od for the ievflopment of residential acreage resulting
in more efficient us,E of land and a better living environment
than is otherwise ,.risible through strict application of
development standards th,it encourages preservation of natural
terrain and open s��� e and utilization of greater and more
unified open space, e oecially on hillsides, than is otherwise
possible through 3tr t application of the setback and lot
width standards; that encourages a variety of dwelling types,
sizes and site design such a; zero lot line developments; and
ensures development rcicn meets standards of environmental
quality, public heµ! and safety, and the policies and goals
or the General
9-