HomeMy WebLinkAboutAGENDA REPORT 1990 0620 CC REG ITEM 09DBERNARDO M.PEREZ
Mayor
SCOTT MONTGOMERY
Mayor Pro Tern
ELOISE BROWN
Councilmember
CLINT HARPER, Ph.D.
Councilmember
PAUL W. LAWRASON, Jr.
Councilmember
LILLIAN KELLERMAN
City Clerk
of
. 4
MOORPARK
ITEM 5,8019
STEVEN KUENY
City Manager
.00RPARK. CALIFC;<\',' CHERYL J. KANE_
City Cou cH Meet' City Attorney
of TRICK RICHARDS, A.I.C. P.
199-0 Director of
A N, Com unity Development
t�ENNIS DELZEIT
City Engineer
JOHN V. GILLESPIE
By Chief of Police
RICHARD T. HARE
City Treasurer
M E M O R A N D U M
TO: Honorable City Council
FROM: Patrick J. Richards, Director of Community Development
DATE: May 24, 1990 (CC Meeting of 6 -6 -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 16, 1990,
meeting. The reason for the continuance was to allow staff
additional time to revise Section 8137 -2.1 to include clarification
that a Zone Change and General Plan Amendment application could be
filed concurrently with a RPD Permit application, and to revise
Section 8137 -2.2.1 to include clarification that an applicant could
appeal the Director of Community Development's decision related to
application requirements. These revisions to the draft ordinance
have been made. A revised ordinance is attached.
Recommendation
Approve the attached draft ordinance and introduce this ordinance
for first reading at the June 6, 1990, meeting 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.
799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864
The Honorable City Council
May 24, 1990
Page 2
3. The proposed Zoning Code amendments will not result in
significant environmental impacts and are categorically exempt
based on Section 15308 of the State CEQA Guidelines.
4. The proposed Zoning Code amendments are consistent with the
City of Moorpark General Plan.
Attachment:
Exhibit A - Draft Ordinance
EXHIBIT
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 -O Zone) , Sec. 8124 -0 - Revise to read as follows:
"PERMITTED USES - In the R -O Zone, the uses identified below
are permitted only as hereinafter specifically provided for
by this Article, subject to the general provisions and
exceptions set forth in this Chapter beginning with and
following Article 40. A Residential Planned Development
Permit shall be required for projects creating five (5) or
more separate residential lots and shall be subject to the
permit requirements set forth in Sec. 8137 -2 of Article 19."
Article 7 (R -1 Zone), Sec. 8125 -0 - Revise to read as follows:
"PERMITTED USES - In the R -1 Zone, the uses identified below
are permitted only as hereinafter specifically provided for
by this Article, subject to the general provisions and
exceptions set forth in this Chapter beginning with and
following Article 40. A Residential Planned Development
Permit shall be required for projects creating five (5) or
more separate residential lots and shall be subject to the
permit requirements set forth in Sec. 8137 -2 of Article 19."
Article 8 ( R -2 Zone) , Sec. 8126 -0 - Revise to read as follows:
"PERMITTED USES - In the R -2 Zone, the uses identified below
are permitted only as hereinafter specifically provided for
by this Article, subject to the general provisions and
exceptions set forth in this Chapter beginning with and
following Article 40. A Residential Planned Development
Permit shall be required 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:
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;
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 �)arcel 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
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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 Zoninq 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;
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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,
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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 (RPD) PERMIT
REQUIREMENTS
Sec. 8137 -2.1 - Application - An application for a RPD
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, the application requirements set forth in
Article 43, and the public hearing noticing procedures
set forth in City Ordinance No. 121. The requested
average number of units per acre shall be consistent with
the zoning and General Plan land use designation unless
an application for a Zone Change and General Plan
Amendment is filed concurrently with the RPD Permit
application;
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
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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
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.
MM
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, 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.
q. If an applicant disagrees with the application
requirements of Section 8137- 2.2.1.p as determined
by the Director of Community Development, he /she may
appeal the Director's decision to the City Council,
at no cost, before the application has been
determined complete
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 Planning Commission.
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Sec. 8137 -2.3.1 - RPD Zone Setback Regulations - The
following regulations, 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 -2.3.2 - RPD Zone Height Requirements - The
following regulations shall apply to the RPD Zone unless
modified by the City Council or Planning Commission:
a. The maximum height of a single - family residence
may be increased above 25 feet, to a maximum
of 35 feet, if each side yard is at least 15
feet.
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b. The maximum height for a multi - family
residential structure shall be 35 feet.
c. For single - family and multi - family residential
structures, no more than three stories shall
be permitted.
d. The maximum height of accessory structures
shall be 15 feet, with the exception that the
maximum height of a patio cover shall be 12
feet.
Sec. 8137 -2.3.3 - RPD Zone 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 commercial uses when the Council
finds:
Sec. 8137 -2.5.1 - The commercial uses are designed for
the sole use of residents within the permit area;
Sec. 8137 -2.5.2 - The proposed commercial uses are
incidental to and compatible with the nature and type of
development proposed for the permit area and shall be
confined within the internal area of the development to
minimize impacts to existing neighborhoods.
Sec. 8137 -2.6 - Findings - A RPD Permit may only be granted
if all billed fees and charges for processing the application
request that are due for payment have been paid, and if all
of the following findings can be made based on factual
evidence and testimony presented at the public hearing:
a. Finding that the planned development is consistent with
the intent and provisions of the City's General Plan,
Zoning Code, and any applicable Specific Plan.
b. Finding that the planned development is compatible with
the character of surrounding development.
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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
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