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HomeMy WebLinkAboutAGENDA REPORT 1990 0516 CC REG ITEM 09CMOORPARK ITEM q• C• PAUL W. LAWRASON, Jr. STEVEN KUENY Mayor SCOTT MONTGOMERY °�--? City Manager �- � CHERYL J. KANE Mayor Pro Tern City Attorney ELOISE BROWN - ° ' - PATRICK RICHARDS, A.I.C.P. Councilmember Director of CLINT HARPER, Ph.D. 9 °0 °' Community Development p''` Councilmember � f�, �u`� R. DENNIS DELZEIT BERNARDO M. PEREZ City Engineer Councilmember JOHN V. GILLESPIE LILLIAN KELLERMAN Chief of Police City Clerk RICHARD T. HARE City Treasurer MEMO R AN D 11 TO: Honorable City Council FROM: Patrick J. Richards, Director of Community Development DATE: May 9, 1990 (CC Meetinq of 5- 16 -90) SUBJECT: AMENDMENTS TO CITY CODE RELATED TO RESIDENTIAL PLANNED DEVELOPMENT (RPD) PERMIT REQUIREMENTS (FILE NO. Z -90 -1) Background This item was continued from the City Council's May 2, 1990, meeting. Councilmember Brown requested the continuance because she was concerned with the language in Section 8137- 2.2.1.p related to additional application information that may be required by the Director of Community Development. Once an application is determined to be complete, Section 65944 of the State Government Code restricts additional inforn ation which may be requested as follows: (a) After a public agency ac .: ept.s an applic4 ion as complete, the agency shall not subsequently request of an applicant any new or additional informati,�n which was not specified in the list prepared pursuant to section 65940. The agency may, in the course of processing the application, request the applicant to clarify, alitplif.y, correct, or otherwise supplement the information f�quirec for the application (b) The provisions of subdi.- t.sion (a) shall not be construed as requiring an applicant t submit: with his or her initial application the entirety (-)t the information which a public agency may require in ord « I -o t.ake final action on the application. Prior to acce}:.ting an application, each public agency shall inform the applicant of any information included in the list prepared pursudtnt to Section 65940 which will subsequently be required rom the applicant in order to complete final action on tl_i4 application. 799 Moorpark Avenue fnrv,mnrk ;`nf,f�. ,n QInO, .nf%r% 1^- Honorable City Council May 9, 1990 Page 2 (c) This section shall not be construed as limiting the ability of a public agency to request and obtain information which may be needed in order to comply with the provisions of Division 13 ( commencing w.i� h Section 21000 ) of the Public Resources Code. Staff has rewritten Section 81.37- 2.2.1.p to clarify that the Director of Community Development may only require additional application information consistent with Section 65944 of the Government Code. A revised ordinance is attached as Exhibit A. For your information, a flow chart, which identifies State mandated permit processing time frames is ,attached as Exhibit B. In addition to the change discussed above, staff has also revised the draft ordinance to include clarificat:.ion of height and minimum lot size requirements for the FtPi' Zone. Recommendation Approve the attached draft ordinance and introduce this ordinance for first reading at the Council': next. regular meeting of June 6, 1990, based on the following fi_nc+ings: 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 tfr, State CEQA Guidelines. 4. The proposed Zoning Code amt,ndment:, are consistent with the City of Moorpark General F11E . Attachment: Exhibit A - Draft Ordinance Exhibit B - Flow Chart Showiig hermit Processing Time Frames EXHIBIT A ORDINANCE NO AN ORDINANCE OF THI. 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 REQ11IREMENTS 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 de( ision based on the findings set forth in the staff report dated I\pril 17, 1990, and incorporated herein by reference; and WHEREAS, the City Council ryas 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 CIT)' COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES ORDAIN AS FOLLOW S: SECTION 1. Articles 3, 5, E '7, 8, and 19 are hereby amended by revising various sections as ientif.i --d below: Article 3 ( R -A Zone) , Sec. 8 ? 1 -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 f .117 projects creating five ( 5 ) or more separate residential ]ats and shall be subject to the permit requirements set f yr, ti i. n. Sc:rc . 8137 -2 of Article 19 . " Article 5 ( R -E Zone) , Sec. 8.1.23 -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 -O Zone), Seca 81.24 -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 for-c: h 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: 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 neces..;ary 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 iru City of Moorpark Resolution No. 88 -523, consistent with th+ requirements contained in this Article; Sec. 8137 -0.1.1 - Boariing and lodging houses; Sec. 8137 -0.1.2 - Chur °yes; Sec. 8137 -0.1.3 - Day irserios; Sec. 8137 -0.1.4 - Dwel ings, cine- family; Sec. 8137 -0.1.5 - Dwe1 ings, two - family; Sec. 8137 -0.1.6 - Dwe1 ings, 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 busine! -sr Sec. 8137 -0.1.9 - Publ c-- parks and playgrounds; Sec. 8137 - 0.1.10 - Conmi,rc ial .ises as provided for by the RPD Permit; Sec. 8137 - 0.1.11 - Si.gr.s consistent with City of Moorpark Ordinance No. 113. Sec. 8137- 0.1.12 - Subo_visions - 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 intil. all of the lots in the subdivision have 'eer, so.1d, whichever is earlier. Sec. 8137- 0.1.13 - In arty 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 in:lividua.l. buildings in the project and for the contractor s temporary office; Sec. 8137 - 0.1.14 - 4va:.r 3upp..y - The following uses are permitted: Sec. 8137 - 0.1.14, - The drilling of water wells for the production of rater on any lot or parcel of land is permitted if c%,ter from said well is used only upon the lot o:r parcel upon which the well is located; Sec. 8137-0. 1. 14 - Any lot or parcel of land under the ownership oi' any mutual water company or established water iist.r.i ::'t 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 -- ses and structures which are incidental or accessor, to: an\P of the uses permitted in this zone; Sec. 8137 - 0.1.16 �iorses, except for commercial purposes, are permitteda on lots of one (1) acre or more in accordance with the foll.owdng 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 )re (I.) 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 of adjoining property is located within twenty -fou; ( 24 ) feet or less of the boundary line, permitted ar, smals may be located not less than seventy -five (715) feet from a point on the boundary line between suc i properties, which is located nearest to any wi —dow or door of a dwelling on the adjacent propei-t w is used for human habitation; Sec. 8137 - 0.1.16. - Public Welfare - Horses shall be kept and mai.nt tined in a prescribed area which shall be in a _� 3 (. :,n 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 zoriir,;;c-Learance for all structures in accordance with Sec. 816`' > -l) Sec. 8137 -0.2.1 - Agricultural uses not involving structures are permit ,,.: d as fellows: a. Trees for fruit., it, >r timber; b. Bushes or vines ': r ferr:l es and grapes; C. Field, vegetable, and truck or row crops; d. Orchards, vineya:r s, and bushes for fruit or nuts; e. Forest land; f. Drying of crops,, „-iy, straw, and seed; g. Storage and whsle. i,riling c>f crops; h. The growing and ha!- ve.>tinq 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 mcti.lehome 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 ox: 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 h . •jhway; Sec. 8137 - 0.2.4.3 -- The construction thereof shall be wood frame e : <(7 .isively; 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 i0) days. Sec. 8137 -0.2.5 - Birds, except for commercial purposes, are permitted in accordance with the following requirements: Sec. 8137- 0.2.5 - The keeping of all birds provided for herei -n shall be for non - commercial purposes, shall. the incidental to the principal residential use, and shall conform to all other provisions of law :joverning same; Sec. 8137 - 0.2.5.; - No bird, cage, or other enclosure shall be kept or maintained within fifteen ( 15 ) feet of any -,> indow )r• door of any residence, dwelling, or otter building used for human habitation other than the personal dwelling or residence of the +aner or keeper thereof; Sec. 8137 -- 0.2.1'.3 _. Such birds shall be kept and maintained in a cl,�an and sanitary condition at all times and shall not cause or tend to cause detrimental or injurious conditions to the public health, safety, ol, gener,: .31 welfare; Sec. 8137 - 0.2.5.4 - This section shall not be construed to permit the keeping of birds which are wild or non- dome!;tic or of a type not readily classifiable as Leing customarily incidental and accessory to a � _-iei7- riitt:ed principal residential use; Sec. 8137 -1 - CONDITIONALLY PERMITTED USES (PLANNING COMMISSIONI - 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 - PipellrYe and Transmission Lines - The aboveground facilities and structures associated with pipelines and transmi:]sion lines located on private property, unless othen,A.se prr_rempted by State law. Sec. 8137 -2 - RESIDENTIA1, 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 h.is/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 k 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 idequately evaluate the proposed development. For a residential subdivision project requiring a RPD Permit,, a tentative tract map or parcel map application shall.. riot be (determined to be complete until an applicatiaii Ls al;(:) 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 informations a. A map showing division of the land for the sale of individual property, i f- 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 natura9. features shall be shown. d. Proposed automobile and bicycle access and pedestrian way locations and dimensions. Proposed off - street park:inc ;, 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 ano all. recorded easements. g. Areas proposed tc, be dedicated or reserved for parks, parkways„ playgrounds, school sites, public or quasi - public bui-ldings 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 ri,,iterials and yard areas. j. All proposed sign:, and their locations, size and height. k. 1. M. Proposed landscaping, walls, fencing, screening, trash collection areas and usable open space areas. Location and size of existing and all proposed utility lines and drainages. A schedule for 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, consistent with Section 65944 of the State Government Code (or any subsequent amendments to that Section of the Government Code), to clarify, amplify, correct, or otherwise supplement the information required for the application, and to comply with the provisions of Division 13 (commencing with Section 21000) of the Public Resources Code. The Director may waive or modify the RPD Permit application requirements, listed above, if such items are found to not be applicable to the proposed development. Sec. 8137 -2.3 - Development Standards - Development standards, including building heights, minimum lot size, and setbacks, for the R -A, R -E, R -O, R -1, and R -2 Zones shall be consistent with the standards, conditions and exceptions set forth in Article 40 unless modified by the City Council or Planning Commission. For residential projects proposed in the RPD Zone, development standards shall be as specified in this Article unless modified by the City Council or PL nn.i ng Commission. Sec. 8137 - 2.3.1 _. RPD Zone Setback Regulations - The following regulations, shall apply to the RPD Zone unless modified l,.,y the City Council or Planning Commission: a. Minimum side sei.bac.k from any public street: ten (10 ) f ee i ,. 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 s et:ba r- k from a rear lot line: ten (10 ) f eet . 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 (1.5) 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 -2.3.2 - RPD Zone Height Requirements - The following regulations shall apply to the RPD Zone unless modified by the City C(,tinci.]. or Planning Commission: a. The maximum height of a single - family residence may be increased above 25 feet, to a maximum of 35 feet., f. each side yard is at least 15 feet. b. The maximum height for a multi - family residential structure shall be 35 feet. C. For single -- family and multi - family residential structures, m,-.) more than three stories shall be permitted d. The maximum height of accessory structures shall be 15 keet, with the exception that the maximum height of a patio cover shall be 12 feet. Sec. 8137 -2.3.3 - RPD `Lone Minimum Lot Area - Shall be as specified by the RPD Permit, consistent with the zoning designation. 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 cosmnerc:iaL 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 sur.rot,nding development. C. Finding that the planned development would not be obnoxious or harmful, or impair the utility of neighboring property f7 uses, d. Finding that the planned development would not be detrimental to the public:w interest, health, safety, convenience, or welfar, .' SECTION 2. Severability. it any provision or clause of this Ordinance or the application thereof to any person or circumstance is held to be unconstitutional ,r to be otherwise invalid by a final judgment of any court competent jurisdiction, such invalidity shall not affect iris ct er. provisions or clauses or applications thereof which can b +.:� implemented without the invalid provision or clause or application, and to this end, the provisions and clauses of this Ordinance ari: declared to be severable. SECTION 3. This Ordinance s�Ial_ 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; sha_„ .. 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 :came 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 Moorpark and which has been designated for that purpose. PASSED AND APPROVED this _ day ,f , 1990. ATTEST: City Clerk Mayor of the City of Moorpark, California ITS PERMIT PROCESSING TIME FRAMES APPLICATION SUBMITTAL 30 DAYS DETERMINATION OF APPLICATION COMPLETENESS 30 DAYS ( 15 MORE W /APPLICANT'S APPROVAL) -'SEC. 15102 CEO A GUIDELINES DETERMINATION OF TYPE OF ENVIRON. DOC. YEAR I YEAR -h i - 90 DAY EXTENSION).* SEC. 1510E3 CEQA GUIDELINES 105 DAYS -X SEC 15107 ; :EQA GUIDELINE" NC) OR MND MUST BE COMPLETE 1-90 DAY EXTENSION) I 6 MONTHS'' SEC. 65950 OV. CODE SEC. 65950 GOV. CODE ACTION ON PROJECTS WITH AN ND/ MND ACTION ON PROJECTS WITH A.N El R * FROM DATE OF APPLICAT10*4 COMPLETENESS ACTION ON AN EIR