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HomeMy WebLinkAboutAGENDA REPORT 1990 0502 CC REG ITEM 09DITEM • MOORPARK 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 MEMORANDUM STEVEN KUENY City Manager CHERYLJ.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, 1990, 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 on 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 of the March 29 report. Staff has included clarification in the attached 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 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 the CEQA Guidelines. 4. The proposed Zoning Code amendments are consistent with the City of Moorpark General Plan. Attachments: 1. Resolution No. PC-90-210 and Draft Ordinance 2. Planning Commission Staff Report dated 3/29/90 PJR/DST MOORPARK. CAUFORNIA City Cou Meeflng of 199 i .N: iCTIO i` 9a - By i:�"'"s39tJ3 C w Y� �.�' 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 19 to revise and clarify RPD Permit requirements; and WHEREAS, the Planning Commission 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 April 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 RESOLVE 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, and 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 Zoning Code would serve to further protect the public health, safety and welfare. SECTION 4. The Planning Commission hereby finds that adoption of the proposed ordinance (Exhibit A) would not result in an inconsistency with the City's General 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 to revise and clarify RPD Permit requirements. The action with the foregoing direction was approved by the following roll call vote: AYES: NOES: ABSENT: PASSED, APPROVED AND ADOPTED THIS 16TH DAY OF APRIL, 1990. Chairman, 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 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- 90-210 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 April 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 categorically 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 FOLLOWS: 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 forth 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 Article 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 procedure in order to encourage: - 2 - 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 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 - Churches; Sec. 8137-0.1.3 - Day nurseries; Sec. 8137-0.1.4 - Dwellings, one -family; Sec. 8137-0.1.5 - Dwellings, two-family; Sec. 8137-0.1.6 - Dwellings, multiple family; - 3 - 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 activity is a service customarily carried on as a business; Sec. 8137-0.1.9 - Public 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 contractor's temporary office; Sec. 8137-0.1.14 - Water 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. 8137-0.1.14.2 - Any lot or parcel of land under the ownership of any mutual water company or established water district 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 accessory to 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. 8137-0.1.16.1 - 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. 8137-0.1.16.2 - 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 on 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 such properties, which is located nearest to any window or door of a dwelling on the adjacent property which is used for human habitation; Sec. 8137-0.1.16.3 - Public Welfare - Horses shall be kept and maintained in a prescribed area which shall be in a clean 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 zoning 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, nut, or timber; b. Bushes or vines for berries and grapes; C. Field, vegetable, and truck or row crops; d. Orchards, vineyards, and bushes for fruit or nuts; - 5 - e. Forest land; f. Drying of crops, hay, 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 during 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 exclusively; 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 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. 8137-0.2.5.2 - No bird, cage, or other enclosure shall be 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 owner 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 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 provisions 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 otherwise preempted by State law. Sec. 8137-2 - RESIDENTIAL PLANNED DEVELOPMENT PERMIT 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 application is also filed and determined - 7 - 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 to 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 signs 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 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 wall: six (6) feet. d. Minimum setback from a rear lot line: ten (10 ) feet. - 9 - 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. - 10 - 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 of 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 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 of Moorpark and which has been designated for that purpose. PASSED AND APPROVED this day of , 1990. ATTEST: City Clerk Mayor of the City of Moorpark, California MOORPARK ATTACHMENT 2 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 CITY OF MOORPARK PLANNING COMMISSION STAFF REPORT - March 29, 1990 SECTION I - GENERAL INFORMATION A. HEARING DATE: April 2, 1990 C. HEARING LOCATION: City Council Chambers E. STAFF CONTACT: Deborah Traffenstedt Senior Planner G. PROPOSED PROJECT AND LOCATION: STEVEN KUENY City Manager CHERYLJ.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 B. HEARING TIME: 7:00 p.m. D. CASE NO.: Zoning Change Z-90-1 F. APPLICANT: City of Moorpark 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 property 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 RPD Zone section (Article 19) is attached as Exhibit B. The specific code sections proposed to be amended and the revised text are identified in the draft ordinance and are summarized on the following page. 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, Zone) and 8126-0 (Two -Family Residential, R-2, Zone) to add the following language at the end of these sections: "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." 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 hearing and accept public testimony. 2. Make the appropriate findings. 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 Permit 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 behind 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 was established by Ordinance No. 117 to allow adequate time for the Commission to hold a second public hearing regarding the proposed rezoning. Staff brought this matter back to 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 that, instead of rezoning any properties, the Council initiate an amendment to the City Zoning Code related to RPD Permit requirements. What was proposed was - 2 - 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 generally 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 single-family 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 - ANALYSIS 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 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. - 3 - 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 the 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 obtained 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 later time, the Zoning Code can be amended again. Since the City is 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 required 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 consistent with 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 or more separate lots or dwelling - 4 - 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 safety, and efficient use of the City's resources. SECTION VII - STAFF RECOMPENDATION 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 meeting 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 the CEQA Guidelines. 4. The proposed Zoning Code amendments are consistent with the City of Moorpark General Plan. - 5 - Prepared by: Approved by: Deborah S. Traffenstedt atrick R chards Senior Planner D' ector Community Development 3-2S-90 Date EXHIBITS: Exhibit A - Draft Ordinance Amending Various Sections of the City Zoning Code to Include a RPD Permit Requirement Exhibit B - Article 19 - Residential Planned Development in (R-P-D) Zone Exhibit C - City of Simi Valley 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 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 1990, and has reached its decision; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES ORDAIN AS FOLLOWS: SECTION 1. That 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 forth 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-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 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 Article 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 procedure in order to encourage: - 2 - 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 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 - Churches; Sec. 8137-0.1.3 - Day nurseries; Sec. 8137-0.1.4 - Dwellings, one -family; Sec. 8137-0.1.5 - Dwellings, two-family; Sec. 8137-0.1.6 - Dwellings, multiple family; - 3 - 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 activity is a service customarily carried on as a business; Sec. 8137-0.1.9 - Public 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. 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. 8137-0.12.1.2 - 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 contractor's temporary office; Sec. 8137-0.1.14 - Water 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. 8137-0.1.14.2 - Any lot or parcel of land under the ownership of any mutual water company or established water district 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 accessory to 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. 8137-0.1.16.1 - 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. 8137-0.1.16.2 - 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 on 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 such properties, which is located nearest to any window or door of a dwelling on the adjacent property which is used for human habitation; Sec. 8137-0.1.16.3 - Public Welfare - Horses shall be kept and maintained in a prescribed area which shall be in a clean 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 zoning 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, nut, or timber; b. Bushes or vines for berries and grapes; C. Field, vegetable, and truck or row crops; d. Orchards, vineyards, and bushes for fruit or nuts; - 5 - e. Forest land; f. Drying of crops, hay, 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 during 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 exclusively; 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 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. 8137-0.2.5.2 - No bird, cage, or other enclosure shall be 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 owner 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 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 provisions 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 otherwise 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 application is also filed and determined - 7 - 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 to 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 signs 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 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 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 f 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. - 10 - Im c. Finding that the planned development is compatible with the character of surrounding development. Finding that the planned development would not be obnoxious or harmful, or impair the utility of neighboring property or uses. 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 of 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 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 of Moorpark and which has been designated for that purpose. PASSED AND APPROVED this day of , 1990. ATTEST: City Clerk Mayor of the City of Moorpark, California mom EXHIBIT B ARTICLE 19 RESIDENTIAL PLANNED DEVELOPMENT IN (R-P-D) ZONE Sec. 8137-0 - PURPOSE OF ZONE - In order to provide a method whereby land may e desi residential use by takingned and developed as a unit for g advantage of modern site planning techniques, and In order to produce an environment of stable, desirable char- acter which will be in harmony with the existing or potential development of the surrounding neighborhood, and In order to produce developments which meet standards of open space, light, air, pedestrian and vehicular circulation, and maximum density of dwelling units, 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 to carry out the purposes and requirements of this zone: (AM. ORD. 2845 - 5/14/74) ,+ Sec. 8137-0.1 - permitted Uses _ In the R P-D Zone, the following uses are permitted pursuant to a Planned Development Permit obtained from the Planning Commission and processed as a discretionaryry ppermit ursuaat to Article 43: (AM.. ORD. 2845-5/14/74-AM. ORD. 3638-2/22/83� Sec. 8137-0.1.1 - (Deleted 8/21/73, Ord. 2713) Sec. 8137-0.1.2 - Boarding and lodging houses; Sec. 8137-0.1.3 - Churches; Sec. 8137-0.1.4 - Day nurseries; Sec. 8137-0.1.5 - Dwellings, one -family; Sec. 8137-0.1.6 - Dwellings, two-family; Sec. 8137-0.1.7 - Dwellings, multiple family; Sec. 8137-0.1.8 - 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; 403 OC-2 Sec. 8137-0.1.9 - Fraternities and sororities, excluding those whose chief activity is a service customarily carried on as a business; Sec. 8137-0.1.10 - Public parks and playgrounds; Sec. 8137-0.1.11 - Commercial uses as provided for by the R-P-D Permit; Sec. 8137-0.1.12 - Signs; (Article 24) Sec. 8137-0.1.13 - Subdivisions - The following uses are permitted: Sec. 8137-0.1.13.1 - A temporary real estate sales office for the limited purpose of conducting sale only of lots in the subdivision tract-. Sec. 8137-0.1.13.1.1-The 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 Public Works Department for approval; Sec. 8137-0.1.13.1.2 - The temporary real estate sales office may be maintaihed for a.period of eighteen (18) months or until all of the lots in the subdivision have been sold, whichever is earlier. Sec. 8137-0.1.14 - In any neighborhood building project during construction and sixty (60) days thereafter, proper- ty 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 contractor's temporary office; Sec. 8137-0.1.15 - Water Supply: Sec. 8137-0.1.15.1 - 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. 8137-0.1.15.2 - Any lot or parcel of land under the ownership of any mutual water company or estab- lished water district or any public water supply agency may be used by it for thenroduction and dispensing of such water, together with nor --,..al appurtenances acces- sory thereto. Sec. 8137-0.1.16 - Uses and structures which are incidental or accessory to any of the uses per ir-ced in t is zone: Sec. 8137-0.1.17 - Horses, e%ceot for commercial purposes, are permitted on lots of one (1) acre of more in accordance with the following requirements: (ADD. ORD. 2595 - 5/30/72) Sec. 8137-0.1.17.1 - 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; (ADD. ORD. 2595 - 5/30/72) Sec. 8137-0.1.17.2 - Horses shall not be housed, stabled, lodged, kept, maintained, pastured, or con- fined, 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 on 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 such proper- ties, which is located nearest to any window or door of a dwelling on the adjacent property which is used for human habitation; (ADD. ORD. 2595 - 5/30/72) Sec. 8137-0.1.17.3 - Public Welfare - Horses shall be kept and maintained in a prescribed area which shall j' be in a clean and sanitary condition at all times. (ADD. ORD. 2595 - 5/30/72) Sec. 8137-0.2 - Permitted Uses - In the R-P-D Zone, the follow- ing uses are permitted pursuant to securing a.zone clearance for all structures in accordance with Sec. 8165-0: (ADD. ORD. 2713 - 8/21/73) Sec. 8137-0.2.1 - Agricultural uses not involving structures are permitted as follows: (ADD. ORD. 2713 - 8/21/73) a. Trees for fruit, nut, or timber; b. Bushes or vines for berries and grapes; c. Field, vegetable, and truck or row crops; d. Orchards, vineyards, and bushes for fruit or nuts; e. Forest land; f. Drying or crops, hay, 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. 8137-0.1.17; ADD. ORD. 2713-8/21/73 Sec. 8137-0.2.3 - A mobilehome or travel trailer used as a temporary dwelling during construction in accordance with Sec. 8160-8.3; (ADD ORD. 2713-8/21/73/AM. ORD. 3549-6/2/81) 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: ADD. ORD. 2713=8/21/73 Sec. 8137-0.2.4.1 - The floor area of such stands shall not exceed four hundred (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 twenty (20) feet of any public / road, street or highway; ADD. ORD. 2713-8/21/73 Sec. 8137-0.2.4.3 - The construction thereof shall be wood frame exclusively; ADD. ORD. 2713-8/21/73 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. ADD. ORD. 2713-8/21/73 Sec. 8137-0.2.5 - The keeping of birds of a type readily class- ifiable as being customarily incidental and accessory to a permitted principal residential use, subjectto the following conditions: Sec. 8137-0.2.5.1 - 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. 8137-0.2.5.2 - No bird, cage, or other enclosure shall be kept or maintained within fifteen (15) feet of any window or door of any residence, dwelling, or other build- ing used for human habitation other than the personal dwelling or residence of the owner 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 condi- tions 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 resident- ial use; EN. ORD. 3451-7/31/79 406 OC- 5 Seca 8137-1 - CONDITIONALLY PERMITTED USES (PLANNING DIRECTOR) - Subject to the approval of a conditional use permit from the Planning Director or designee as provided in Article 43, the following uses may be permitted, provided they meet the purpose and intent of this Article and the provisions of this Chapter: (ADD. ORD. 3638-2/22/83) Sec. 8137-1.1 - Pipeline and Transmission Lines - The aboveground facilities and structures associated with pipelines and transmission lines located on private property, unless otherwise preempted 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 Planned Development Permit in the manner set forth in Article 43 for the processing of application requests, provided that there will be not more than an average of the number of units per acre as specified by the R-P-D Subzone or not more than 30 units per acre of land covered by the application when an R-P-D Subzone is not specified; (AM. ORD. •2845-5/14/74-AM. ORD. 3638-2/22/83) Sec. 8137-2.2 - The applicant shall submit to the Planning Director complete development plans showing the proposed uses for• the property including dimensions and locations of all proposed structures, parking spaces, streets, parks, playgrounds, school sites, and open spaces, and such additional information as may be requested by the Planning Director; (AM.. ORD. 2845-5/14/74-AM. OP.D. 3538-2/22/83) Sec. 8137-2.3 - The applicant shall submit evidence showing that the proposed development is designed to produce an environment of stable and desirable character and that areas 406-1 CC-2 of open space, are consistent � development; parking and recreational facilities with the anticipated population of the Sec. 8137-2.4 - The Planning Commission may allow, within an area covered by the permit referred to in this Section, minor specified co=ercial uses when the Planning Commission finds : (AM. 0R.D, 2845 - 5/14/74) Sec. 8137-2.4.1 - The commerical uses are designed for the sole use of residents within the permit area; Sec. 8137-2.4.2 - The proposed commercial uses are inci- dental to and compatible with the nature and type of development proposed for the permit area and shall be confined within the units of the development. Sec. 8137-2.5 - Each Residential Planned Development Permit shall contain the following conditions and such other con- ditions deemed by the Planning Commission to be reasonably necessary to accomplish the purposes of this section: (AM. ORD. 2845 - 5/14/74) Sec. 8137-2.5.1 - The applicant shall submit a con- struction sequence for the land covered by the permit showing the order in which particular structures will be constructed and upon approval of said sequence the applicant shall not deviate from said sequence without written approval by the Planning Director. At no time shall there be more than an average of the allowable units per acre constructed or under construction on the portion of the land which has been developed or is under development; Sec. 8137-2.5.2 - Unless otherwise authorized by the Planning Commission, no part of any structure shall be constructed less than twenty (20) feet from any property line which is adjacent to a perimeter street. If such r stucture exceeds a height of 4enty-five (25) feet it shall be set back from said property line an additional five (5) feet for each ten (10) feet in height or portion thereof by which such structure exceeds twenty-five (25) feet. (AM. ORD. 2845 - 5/14/74) Sec. 8137-2.6 - The provisions of Article 40 and Article 41 of this Chapter shall not be applicable to land for which a Residential Planned Development Permit has been granted so long as it is developed and maintained in accordance with this Section and all conditions of the permit. June, 1985 Draft EXHIBIT C (4) Zoning Clearances and all other permits and certificates shall become null and void if: (i) the application request which was submitted was not in full, true and correct form. (ii) the clearance issued does not comply with the terms and provisions of the permit originally granting the use within Chapters 1 or 2. (b) Planned Development Permit (1) Purpose - The Planned Development Permit procedure is intended To provide a method whereby land may be designed and developed as a unit by taking advantage of modern site planning techniques; and to produce an environment of stable, desirable character which will be in harmony with the existing or potential development of the surrounding neighborhood; and to ensure development which meets standards of environmental quality, public health and safety, and efficient use of the City's resources. (2) General Provisions (i) A Planned Development Permit shall be required for: (aa) residential development consisting of five (5) or more separate lots or dwelling units; (ab) those uses noted in the matrix as requiring such in the residential zones - Section 9-1.506; and (ac) all commercial and industrial development within the City (all uses listed in Section 9-1.507) unless a special use permit is required. (ii) For projects requiring a Planned Development Permit, no building or grading permit of any kind shall be issued for any such development until the development has been approved as herein provided. (3) Application (i) Application for a Planned Development Permit shall be made on the prescribed form provided by the Department of Community Development. The 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. All applications shall be signed by the owner of the property or person with the appropriate power of attorney. (ii) The project plan shall include the following information: -137- June, 1985 Draft (aa) A map showing division of the land for the sale of individual property, if any. (ab) Existing contours at two (2) foot intervals if the existin ground slope is less than ten percent (10%3 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; location of all existing living trees having a trunk .diameter of six (6) inches or more measured at four (4) feet above grade and other major natural features. (ac) 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. (ad) Proposed loading, including the location, dimensions, number of berths. (ae) Lot dimensions and all recorded easements. (af) Areas proposed to be dedicated or reserved for parks, parkways, playgrounds, school sites, public or quasi -public buildings and other such uses. (ag) Areas proposed for commercial or industrial uses, multi- and single-family dwellings, or any other uses proposed to be established within the project. (ah) Proposed location and elevations of buildings on land, including dimensions, the size of structure, height, setback, materials and yard areas. (ai) All proposed signs and their locations, size and height. (aj) Proposed landscaping, walls, fencing, screening, trash collection areas and usable open space areas. (ak) Location and size of existing and all proposed utility lines and drainages. -138- June, 1985 Draft (c) (al) A schedule for the development to be constructed in phasing; tabulation of total number of acres in the proposed project and percent thereof designated for various uses; and the number of dwelling units proposed by type of dwelling for each unit of development. (am) 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. (4) Fiinndiings - In order to grant a Planned Development Permit, the act tual evidence and testimony presented in the public hearing must be sufficient to support the following findings: (i) Finding that the planned development is consistent with the Simi Valley General Plan and any applicable Specific Plan. (ii) Finding that the planned development does assure compatibility of property uses within the zone and general area. (iii) Finding that the proper standards and conditions have.. been imposed which protect the public health, safety and welfare. Cluster Development Permit (1) Purpose - The Cluster Development Permit is intended to provide a method for the development of residential acreage resulting in more efficient use of land and a better living environment than is otherwise possible through strict application of development standards; that encourages preservation of natural terrain and open space and utilization of greater and more unified open space, especially on hillsides, than is otherwise possible through strict application of the setback and lot width standards; that encourages a variety of dwelling types, sizes and site designs such as zero lot line developments; and ensures development which meets standards of environmental quality, public health and safety, and the policies and goals of the General Plan. -139-