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HomeMy WebLinkAboutAGENDA REPORT 1990 0725 CC REG ITEM 09FBERNARDO 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 TO: The Honorable City Council FROM: Patrick J. Richards, Director. of Community DATE: July 3, 1990 (PC meeting of July 25, 1990) SUBJECT: ZONING ORDINANCE UPDATE Discussion Development The present Zoning Ordinance adopted by the City of Moorpark was written by the County of Ventura in the early 19601s. It was revised by the County at various times in a piecemeal fashion during the 1970's until totally rewritten by the County in 1983. The County's Ordinance was revised in part because several of its sections lacked clarity, the length of the Ordinance was cumbersome and some of the County's philosophy had changed since the Ordinance's adoption in the 19601s. The revised County Ordinance has been greatly simplified in that it took out the ambiguity of its predecessor and reduced the length by approximately two - thirds without making substantive change in content. Since the City has adopted the County's Ordinance, several amendments have been made due to public necessity, convenience, general welfare and good zoning practice by the City. These approved Ordinance Amendments have never been placed in the Ordinance Code Book. As a result, it has been necessary for the staff to establish a separate binder with all of the appropriate changes just to keep track of matters. This has made it difficult for staff and the public to operate in a business -like manner. The City Council has reviewed a recommendation to rescind the current Ordinance and adopt the current County Ordinance and directed staff to rework the current County Ordinance into the Moorpark Zoning Code until such time that the General Plan is updated and the City rewrites a new Zoning Code. The Planning Commission began reviewing the Current County Ordinance on October 21 1989 and made specific recommendations for changes in order to 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 � E • � MOORPARK CORPARK. CALIFORNIA CltyCouncil ting oPP — of 99 STEVEN KUENY City Manager -- CHERYL J. KANE ACTT N: City Attorney PATRICK RICHARDS, A.I.C.P. v ' ' Director of By oq Community Development °rEa— - •?� R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police MEMORANDUM RICHARD T. HARE City Treasurer The Honorable City Council FROM: Patrick J. Richards, Director. of Community DATE: July 3, 1990 (PC meeting of July 25, 1990) SUBJECT: ZONING ORDINANCE UPDATE Discussion Development The present Zoning Ordinance adopted by the City of Moorpark was written by the County of Ventura in the early 19601s. It was revised by the County at various times in a piecemeal fashion during the 1970's until totally rewritten by the County in 1983. The County's Ordinance was revised in part because several of its sections lacked clarity, the length of the Ordinance was cumbersome and some of the County's philosophy had changed since the Ordinance's adoption in the 19601s. The revised County Ordinance has been greatly simplified in that it took out the ambiguity of its predecessor and reduced the length by approximately two - thirds without making substantive change in content. Since the City has adopted the County's Ordinance, several amendments have been made due to public necessity, convenience, general welfare and good zoning practice by the City. These approved Ordinance Amendments have never been placed in the Ordinance Code Book. As a result, it has been necessary for the staff to establish a separate binder with all of the appropriate changes just to keep track of matters. This has made it difficult for staff and the public to operate in a business -like manner. The City Council has reviewed a recommendation to rescind the current Ordinance and adopt the current County Ordinance and directed staff to rework the current County Ordinance into the Moorpark Zoning Code until such time that the General Plan is updated and the City rewrites a new Zoning Code. The Planning Commission began reviewing the Current County Ordinance on October 21 1989 and made specific recommendations for changes in order to 799 Moorpark Avenue Moorpark, California 93021 (805) 529 -6864 address the City's current concerns. The attached Ordinance reflects these recommendations. These changes have been placed in bold print for the readers convenience and include the following: 1. The following definitions have been added to the definition section: Antenna, roof mounted; commercial vehicle; decision - making authority; day care educational facility; denial without prejudice; private road or street; single family dwelling; vehicle, abandoned; and wall. 2. Under the definition of Automobile Service Station, the following has been added: "This also includes such aforementioned facilities that are in conjunction with a Mini - Mart." 3. Additional language has been added to Section 8111 -2.1.1 stating that Planned Development Permits include residential, commercial and industrial projects, 4. Section 8111 -2.1.1 relating to Emergency Use Authorization has been deleted. 5. Section 8111 -2.2.2 (d {1 -51) relating to Administrative Variance has been deleted. 6. Section 8111 -2.2.4 relating to Tree Permits has been deleted. 7. Section 8111 -3.4.2 has been modified to allow an application that has been deemed incomplete for over 90 -days from the date of notification of incompleteness to be terminated if no reasonable effort has been made by the applicant to complete the application. 8. Section 8111 -3.9 relating to fees has been modified to reflect the City of Moorpark resolution regarding schedule of land development preliminary processing fee deposits. 9. Section 8111 -4.1.3 has been modified to reflect legal notification to all owners of real property situated within a radius of 1,000 feet, with the exception of variance requests associated with one single family residential unit. 10. Section 8111 -5.3 has been modified to reflect that Planning shall cause the decision- making authority's decision to be mailed to the applicant or appellant within 30- calendar days following the effective date of a decision. 2 11. Section 8111 -7.1.1 relating to Permit Adjustment has been eliminated since the Director of Community Development does not have the authority to approve it without first being reviewed by the City Council... 13. Other County of Ventura Articles unrelated to the City of Moorpark such as Limitations on Issuance of Building Permits in the Ojai Valley have been deleted and placed in the Reserved status. On February 18, 1990, the City Council adopted Resolution No. 86- 276 directing that certain permit approval processes be performed by certain City Officials. A notation has been placed at the beginning of Section 8105 -4 -5- noting to refer to this Resolution to determine the appropriate approving authority. The Council is in the process of reviewing changes to the Zoning Code related to RPD Permit requirements. The RPD Permit requirements that are currently being considered by the Council are more stringent than those contained in the new County Code. Prior to the City adoption of the new County Zoning Code, staff suggests that the RPD Zoning and permit sections should be modified to reflect the changes currently under consideration. The Council has directed the matter of setbacks within the RPD Permit requirements to the Planning Commission. The Commission will review this matter at their August 6, 1990 meeting. Staff has scheduled August 15, 1990 for Council's final review of this section of the new code. Staff will also be recommending changes to the new County Code related to Tanner Plan implementation. This will be the subject of a separate public hearing. Recommended Action Begin review of the draft Zoning Ordinance and continue this matter to Council's August 15, 1990 meeting. Attachment: Revised Zoning Ordinance A:ZONORD.REV 3 t4 171;;L DIVISION 8 - PLANNING AND DEVELOPMENT CHAPTER 1 -- ZONING ARTICLE 1 AUTHORITY, PURPOSE, AND APPLICATION OF CHAPTER Sec. 8101 -0 - ADOPTION AND TITLE OF CHAPTER - This Chapter is adopted pursuant to the authority vested in the City of Moorpark by the State of California, including but not limited to the Government Code and the Public Resources Code. This Chapter shall be known as the "Zoning Ordinance." Sec. 8101 -1 - PURPOSE OF CHAPTER - The text (including tables and matrices) and zoning maps contained in this Chapter constitute the comprehensive zoning regulations for the City of Moorpark and are adopted to protect and promote the public health, safety and general welfare; to provide the environmental, economic and social advantages which result from an orderly, planned use of resources; to establish the most beneficial and convenient relationships among land uses and to implement the City of Moorpark's General Plan. (AM.ORD.3730- 5/7/85) Sec. 8101 -2 - APPLICABILITY OF THE ZONING ORDINANCE CSec. 8101 -2.1 - Applicability to Uses and Structures - The provisions of this Chapter apply to all lots, structures and uses of land or bodies of water created, utilized, established, constructed or altered by any person unless specifically exempted by the following subsections: Sec. 8101 -2.1.1 - Exemption, Public Roads - The provisions of this Chapter are not applicable to construction and maintenance of public roads and other improvements within road rights -of -way. Sec. 8101 -2.1.2 - Exemption, Preemption - Specifically exempt is any area of regulation totally preempted by Federal or State laws and where divestiture has not occurred. ?NIA Cl, y C al Meof`ng of d 1994, ACTION: B�`r /,