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HomeMy WebLinkAboutAGENDA REPORT 1997 0507 CC REG ITEM 09JAGENDA REPORT CITY OF MOORPARK TO: The Honorable City Council CITY OF MOORPARK. CALM U" City Council Meeting FROM: Paul Porter, Senior Planner' J Nelson Miller, Director of Comm unity Developme DATE: April 29, 1997 (CC meeting of 5/7/97) SUBJECT: CONSIDER INTERIM POLICY TO ALLOW DIRECTOR OF COMMUNITY DEVELOPMENT TO APPROVE MINOR EXCEPTIONS OR DEVIATIONS FROM CODE AND DIRECT STAFF TO PREPARE A RESOLUTION TO INITIATE AN AMENDMENT TO THE ZONING ORDINANCE TO PROVIDE FOR ADMINISTRATIVE EXCEPTIONS Prior to the adoption of Title 17 of the City's Municipal Code, Section 8163 -15 of the City's First Zoning Ordinance provided for an Administrative Clearance which was an application for minor permits and adjustments in zoning regulations processed by the Department of Community Development and approved by the Director of Community Development. The provisions were replaced in the new Zoning Ordinance by the Administrative Variance procedures. These procedures require the same findings as any other variance of special circumstances, physical limitations on the property which would preclude strict application of the, codes, unnecessary hardships, and not granting a special privilege. It has been suggested in response to a circumstance relating to Tract 4174 (Wayne Colmer) that a provision for minor exceptions to the Code, which would not require the same findings as for a variance, be reinstituted. In the instance of Tract 4174, the foundations were formed, and rough plumbing and electrical were installed two feet closer to the street than permitted. This would result in an eighteen (18) foot setback to the garage, which will have a roll -up garage door. C:\M\ZOAMD.973\7MAY97.CC C: \M \ZOAMD.973 \7MAY97.CC Zoning Ordinance Amendment No. 97 -3 City Council Staff Report of May 7, 1997 Page No. 2 Providing for an Administrative Exception would serve to reduce the delay and cost to an applicant and the City in connection with minor exceptions to the Zoning Ordinance. The primary exceptions previously allowed by Administrative Clearance are now subject to an Administrative Variance and include the following: a. To allow a decrease not exceeding twenty percent (20 %) in required minimum setbacks; b. To allow a decrease not exceeding ten percent (10 %) in required parking aisle width or similar dimensional requirements; C. To allow walls, fences or hedges to exceed the height limit regulations by a maximum of one (1) foot in setback areas, except in a required sight triangle; d. To allow an increase not exceeding ten percent (10 %) for maximum building coverage, or sign area or height. If Council desires to establish an Administrative Exception Policy, they may direct staff to implement an interim policy and direct staff to prepare a Resolution to initiate a Code Amendment to add this to the Code. Staff would propose that the interim policy be limited to a 10% decrease /increase for setbacks, lot coverage and wall heights upon the Director of Community Development making findings of good cause. 1. Approve a eighteen foot (18) foot setback for Lot 8 of Tract 4174 subject to filing a Minor Modification by the developer. Authorize the Director of Community Development to approve the Minor Modification application without further review by City Council. 2. Adopt the attached Resolution to initiate a Code Amendment to consider establishing criteria, procedures and policy fpr an Administrative Exception; and C:\M\ZOAMD.973\7MAY97.CC C: \M \ZOAMD.973 \7MAY97.CC W�103 Zoning Ordinance Amendment No. 97 -3 City Council Staff Report of May 7, 1997 Page No. 3 3. Approve an interim policy to allow Director of Community Development to approve an decrease/ increase of up to ten percent (10 %) for required minimum setback, lot coverage and wall heights upon making findings of good cause. Attachments: 1. Resolution 2. Section 8163.15 (Old Zoning Ordinance) 3. Section 17.44.030 C C: \M \ZOAMD.973 \7MAY97.CC C: \M \ZOAMD.973 \7MAY97.CC RESOLUTION NO. 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA DIRECTING THE PLANNING COMMISSION TO STUDY, SET A PUBLIC HJ9MtXNG AND PROVIDE A RBCOWWNDATION TO THE CITY COUNCIL PENT TO R MISIONS TO CHAPTER 17.44 OF THE MUNICIPAL CODE (E11"1TIThAWW - PROMS AM PROCEDURES) TO PROVIDE FOR AN A=RMSTRATM EXCEPTION WKCRZBy APPLICATIONS FOR MINOR E PTIONS AND ADJUSTM MS IN CERTAIN TYPES OF ZONING RBIGULATIONS MAY BE APPROVED BY THE DIRECTOR OF CONNtUNITY DEVELOPMENT Whereas, Section 17.60.020 of the Municipal Code provides that the City Council may initiate proceedings to consider amendments to the Zoning Code by the adoption of a resolution of intention requesting the Planning Commission to set the matter for study, public hearing, and recommendation within a reasonable time. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. That the City Council does hereby authorize the initiation of proceedings to consider amendments to revise the Zoning Ordinance for the purpose of considering revisions to Chapter 17.44 of the Municipal Code (Entitlement - Process and Procedures) to provide for an Administrative Exception whereby applications for minor exceptions and adjustments in certain types of zoning regulations may be approved by the Director of Community Development. SECTION 2. That the Planning Commission is hereby directed to study, set a public hearing and provide a recommendation to the City Council pertaining to amendments of the Moorpark Municipal Code (City of Moorpark Zoning Ordinance) to amend Chapter 17.44 of the Municipal Code (Entitlement - Process and Procedures) to provide for an Administrative Exception whereby applications for minor exceptions and adjustments in certain types of zoning regulations may be approved by the Director of Community Development. C:\M\ZOAMD.973\7MAY97.CC C: \M \ZOAMD.973 \7MAY97.CC �Y c" us Zoning Ordinance Amendment No. 97 -3 City Council Staff Report of May 7, 1997 Page No. 3 3. Approve an interim policy to allow Director of Community Development to approve an decrease/ increase of up to ten percent (10 %) for required minimum setback, lot coverage and wall heights upon making findings of good cause. Attachments: 1. Resolution 2. Section 8163.15 (Old Zoning Ordinance) 3. Section 17.44.030 C C: \M \ZOAMD.973 \7MAY97.CC C: \M \20AMD.973 \7MAY97.CC R SECTION 3. That the City Clerk shall certify to the passage and adoption of this resolution. PASSED, APPROVED, AND ADOPTED THIS 7TH DAY OF MAY, 1997. Mayor ATTEST: City Clerk C: \M \ZOAMD.973 \7MAY97.CC C: \M \ZOAMD.973 \7MAY97.CC • • sttncU= or bvildiag COMMiction has commenced and is being di "ody porued. C. Vnirees. Vaca=as me adjsooeaac in the regula- tions cc8Udaad in tips tide. Verimices are bmd on discre- tionary degdum and many be granted to allow deviations from oadioaoos rsgnisdsos poveming such development factors as a docks, heighht, lot Coverage, lot acre, and width, signs, off- sttee®t MUMS. ladecspiag and wall, fencing and sciyhs ft strdw& Vadimeas shell be processed in accor- dance with fire pra►viaio= of this chepter. Varierim may not be granted to authorise a use or activity which is not otlurwise expressly audnoriaed by the zone regulations governing the property. Except as provided in subsection (Cx5) of die section, varimce requests shell be heard by the planning oommispoa dnmagln a public hearing process. 1. Purpose. The sole purpose of any variance shall be to enable a property owner to make reasonable use of his or her property in the manner in which other property of like chancier in the aseete vicinity and now ern be wed. For the purposes of this section, vkin4 includes both incorporated and unioccsporMed rimes if the property in question is within a one dwasand (1,000) foot area outside of the city's boundary. 2. Standards for Vaaiaeicea. Before any variance may be granted, die applicant must establish, and the decision - making authority most determine, that all of the following standards are met: a. That there we sper=m circumstances or exceptional eharaeterislies to the subject property with rid to size, shape, k araft, location or ar mundings, which do not apply gmeraliy to comperable properties in the san=e vicinity and zone; and b. That gran eg die requested variance will not confer a special privilege inibent with the limitations upon Other properties in the same vicinity and zone; and c. That strict won of the zoning regulations as they apply to the sabjsot property will result in practical difficulties or unnecessary hwdshipa inconsistent with the general papow of Bch rapdations; and d. That do j 1 of such variance will not be detrims" to die pWft rsaalth, safety or general welfare, nor to the one, ayoymant or valuation of neighboring propwdog asnd C. That 60 PWAV of a variance in conjunction with a hszoviotis waste heft will be consistent with the Portia= of the county's hamrodous waste manogement plan (CHWi1tl11) which ides specific sites or li=king criteria for hazardous waste fades. 3. Burden of Peod The applicant shall have the burden of proving to the sedshc6m of the appropriate decision - making authority that the above standards are met. 377 17.44.030 4. Duration. Any variance is oousidered to run wi, land. An expiration date may be imposed at the timb, . variance is granted. 5. Adoim6lrative Variance by Director of Community Development Appeoval. A request for a minor variance from certain types of zoning regulations may be approved by the director of community development as an adminis- trative variance, if the standards of subsection (C)(2) of this section are met. An administrative variance may be granted through an administrative hearing process, only in the following situations: a. To allow a decrease not exceeding twenty percent (20%) in required minimum setbacks; b. To allow a decrease not exceeding ten percent (10%) in required parking aisle width or similar dimensional requirements; c. To allow walls, fences or hedges to exceed the height limit reg"onns by a maximum of one (1) foot in setback areas, except in a required sight triangle; d. To allow an inciease not exceeding ten percent (10%) for maximum building coverage, or sign area or height. (Ord. 196 f 3 (part), 1994; Ord. 189 § 3 (8111 -2), 1994) 17.44.040 Ming and processing of application A. Submission of Applications. An application permit or variance may be filed by the owner of the proper- ty or hislber authorized agent, a lessee who holds a lease whose tams permit the use applied for, or by any duly constituted government authority or agent thereof. Such application requests shall be filed with the department of community development. No application request shall be accepted for filing and processing unless it conforms to the requirements of this title, contains in a full, true and correct form the required materials and information pre- scribed by the forms supplied by the city department of community development and is accompanied by the appro- priate fees. B. Existing Violations. No application request for an entitlement shall be accepted if a violation of the zoning ordinance, subdivision ordinance or municipal code exists on the lot, provided that the violation was a result of the actions or inactions of the applicant or his predecessor(s) in interest, until the violation is abated, unless the accep- tance of the application is necessary to the abatement of the existing violation. C. Content of Applications. The content of applications shall be determined by the planning division. Site plans and elevations (in color, with building materials identified), sample for plans and samples of exterior finishing materi- als may be required as part of the permit procedure. " t WIL07 C7 • LI structures or building construction has commenced and is being diligently pursued. C. Variances. Variances are adjustments in the regula- tions contained in this title. Variances are based on discre- tionary decisions and may be granted to allow deviations from ordinance regulations governing such development factors as setbacks, height, lot coverage, lot area and width, signs, off -street parking, Landscaping and wall, fencing and screening standards. Variances shall be processed in accor- dance with the provisions of this chapter. Variances may not be granted to authorize a use or activity which is not otherwise expressly authorized by the zone regulations governing the property. Except as provided in subsection (CXS) of this section, variance requests shall be heard by the planning commission through a public hearing process. I. Purpose. The sole purpose of any variance shall be to enable a property owner to make reasonable use of his or her property in the manner in which other property of like character in the same vicinity and zone can be used. For the purposes of this section, vicinity includes both incorporated and unincorporated areas if the property in question is within a one thousand (1,000) foot area outside of the city's boundary. 2. Standards for Variances. Before any variance may be granted, the applicant must establish, and the decision - making authority must determine, that all of the following standards are met: a. That there are special circumstances or exceptional characteristics applicable to the subject property with regard to size, shape, topography, location or surroundings, which do not apply generally to comparable properties in the same vicinity and zone; and b. That granting the requested variance will not confer a special privilege inconsistent with the limitations upon other properties in the same vicinity and zone; and c. That strict application of the zoning regulations as they apply to the subject property will result in practical difficulties or unnecessary hardships inconsistent with the general purpose of such regulations; and d. That the granting of such variance will not be detrimental to the public health, safety or general welfare, nor to the use, enjoyment or valuation of neighboring properties; and e. That the granting of a variance in conjunction with a hazardous waste facility will be consistent with the portions of the county's hazardous waste management plan (CHWMP) which identifies specific sites or Siting criteria for hazardous waste facilities. 3. Burden of Proof: The applicant shall have the burden of proving to the satisfaction of the appropriate decision - making authority that the above standards are met. 377 17.44.030 4. Duration. Any variance is considered to run with the land. An expiration date may be imposed at the time the variance is granted. S. Administrative Variance by Director of Community Development Approval. A request for a minor variance from certain types of zoning regulations may be approved by the director of community development as an adminis- trative variance, if the standards of subsection (C)(2) of this section are met. An administrative variance may be granted through an administrative hearing process, only in the following situations: a. To allow a decrease not exceeding twenty percent (20%) in required minimum setbacks; b. To allow a d=ease not exceeding ten percent (10%) in required parking aisle width or similar dimensional requirements; c. To allow walls, fences or hedges to exceed the height limit regulations by a maximum of one (1) foot in setback areas, except in a required sight triangle; d. To allow an increase not exceeding ten percent (10%) for maximum building coverage, or sign area or height. (Ord. 196 § 3 (part), 1994; Ord. 189 § 3 (8111 -2), 1994) 17.44.040 Filing and processing of application requests. A. Submission of Applications. An application for a permit or variance may be filed by the owner of the proper- ty or his/her authorized agent, a lessee who holds a lease whose terms permit the use applied for, or by any duly constituted government authority or agent thereof. Such application requests shall be filed with the department of community development. No application request shall be accepted for filing and processing unless it conforms to the requirements of this title, contains in a full, true and correct form the required materials and information pre- scribed by the forms supplied by the city department of community development and is accompanied by the appro- priate fees. B. Existing Violations. No application request for an entitlement shall be accepted if a violation of the zoning ordinance, subdivision ordinance or municipal code exists on the lot, provided that the violation was a result of the actions or inactions of the applicant or his predecessor(s) in interest, until the violation is abated, unless the accep- tance of the application is necessary to the abatement of the existing violation. C. Content of Applications. The content of applications shall be determined by the planning division. Site plans and elevations (in color, with building materials identified), sample floor plans and samples of exterior finishing materi- als may be required as part of the permit procedure. If the ()? L Sec. 8163 -15 - Administrative Clearance - Applications for minor permits and adjustments in zoning regulations processed by the Planning Department which are subject to approval by the Planning Director. Sec. 8163 -15.1 is to provide minor permits may be mesm - Purpose - The purpose of an Administrative Clearance a method whereby applications for relatively routine and and adjustments in certain types of zoning regulations �� a sus• s' 1 -4 k AMi=sion. The minor matters to be dete-fFaIned by Me Flanning rec or ave zn the past consumed an inordinate amount of time on the part of the staff and members of the Planning Commission and have caused serious delays in the processing of all matters in the Planning Department. The Administrative Clearance procedure is intended to reduce the delay and cost to the County and the public in connection with these minor matters but yet preserve the integrity of the zoning regulations and. protect the rights of all persons in regard to the. zoning regulations. (AM. ORD. 2845 - 5/14/74) Sec. 8163 -15.2 - Notice - Upon the filing of -an application, the Planning Director shall determine which property owners in the vicinity may be affected by the proposed use and shall require the applicant to obtain the names and addressed of such owners. , The i Planning Director shall mail notice to such owners of the *filing of the application, the location of the property, and the use proposed by the applicant. The notice shall indicate the time and place at which the Planning Director will consider the application and shall state that any interested person may present his views upon the application in person or in writing prior to such time.. There shall be at least ten days from the mailing of such notice until the time of consideration of the application; Sec. 8163- 15.3 - Situations Permittiag an Administrative Clearance - The Planning Director may grant an Administrative Clearance upon good cause shown and pursuant to the criteria established by and for the Planning Commission in the following situations:' (AM. ORD. 2845 - 5/14/74) Sec. 8163- 15.3.1 - To allow modification of distance or area regulations not exceeding 20 per cent of required front, side, rear, or courtyard distances or other open space requirements, and 10 per cent of lot coverage requirements; Sec. 8163 - 15.3.2 - To allow modification of automobile parking space requirements; Sec. 8163- 15.3.3 - To allow temporary tract real estate- sales offices, and model homes in connection with a recorded subdivision, and extensions of time for the foregoing uses where permission was initially granted by the Planning Commission for a period not exceeding one year; (AM. ORD. 2845 - 5/14/74) p CB83d11 553 �0v 0 C -3 r6 A 0 CB83dl2a Sec. 8163 - 15.3.4 - To allow additions to structions which are nonconforming as to side yard, rear yard, or lot coverage, provided that the additions meet the requirements of the Zoning Ordinance affecting the property; Sec. 8163-15.3.5 - To allow walls, hedges, or fences to exceed the height limits of the Zoning Ordinance and permit them to be located within setback areas where consistent with safety and neighborhood appearance; Sec. 8163 - 15.3.6 - To allow building upon nonconforming lots where substantial development upon nonconforming lots exists in the area; Sec. 8163-15.3.7 - To allow a single extension of time not to exceed one year of a current permit or variance where the use is not in conflict with the adopted General Plan, has not been prohibited by the Planning Commission, and is not of a controversial nature; (AM. ORD. 2845 - 5/14/74) Sec. 8163 - 15.3.8 - To allow the inauguration of a use in an emergency situation where delay incident to the normal processing of an application through the Planning Commission would defeat or seriously impair the purposes of the applicant. Temporary clearance under this paragraph shall be valid for a period of not to exceed 90 days. If its use is intended to continue, application shall be made in the usual manner to the Planning Commission as soon as possible: - (AM. ORD. 2845 - 5/14/74) Sec. 8163 - 15.3.9 - To allow core hole drilling for geological information only for a maximum of 30 days in areas more than one -half mile from urban development. Such permits shall be subject to the requirements for bond and such other special conditions as may be deemed necessary by the Planning Director. Sec. 8163-15.3.10 - Commercial Coaches - To allow the installa- tion of Commercial (office) Coaches in the A -E, R- A, R -E, 0- S, Commercial and Industrial zones for a period not to exceed two years. The Planning Director may continue the permit up to one additional two -year period. (AM. ORD. 2858 - 7/23/74) Sec. 8163- 15.3.11 - Carports - To allow the construction of a two - parking- space- carport as an accessory use to a single family dwelling unit in the R -A, R -E, R -0, 0 -S, and A -E Zones, within areas designed as "Rural" or "Open Space" on the Open Space Element of the County General Plan, on a parcel of land with a minimum area of 20,000 square feet. (ADD. ORD. 3104 - 12/30/75; AM. ORD. 3246 - 1/4/77) Sec. 8163 -15.4 - Decision of Application - At the time and place specified in the notice for consideration of the application, the Planning Director shall permit all interested persons present to be heard. After hearing all such persons and considering all communi- 554 OC -2 0W:L09 cations received, the Planning Director may render his decision, continue the matter to a specified time and place, or decline to make a decision on the basis that the matter ought to be decided by the Planning Commission. No additional notices need be \ given in any of the foregoing instances. The Planning Director shall adhere to a reasonable procedure for notifying the applicant, interested persons, and appropriate public officials of his decision. Any Administrative Clearance granted shall be in harmony with the general purposes and intent of the Zoning Ordinance and shall not be injurious to the neighborhood or to the public welfare. (AN. ORD. 2845 - 5/14/74) (0 Sec. 8163-15.5 - Appeals - Any aggrieved party may appeal any decision of the Planning Director regarding an Administrative Clearance to the Planning Commission. Notice of the appeal shall be filed in the Planning Department within 10 days after the decision, using the forms and procedures established by the Planning Director. Notices shall be accompanied by any required fee and shall specify in detail the reasons upon which the appellant relies for modifying or reversing the decision. The appeal shall be heard as an original matter by the Planning Commission pursuant to Article 43, and may be further appealed to the Board of Supervisors in accordance with the provisions of Article 43; (AM. ORD. 2657 - 1/16/73; AM. ORD. 2845 - 5/14/75) Sec. 8163 -15.6 - is hereby deleted. (ORD. 3598 - 5/18/82) Sec. 8163 -16 - Surface Mining Permits and Reclamation Plans - Reclamation plans and surface mining operation permits required pursuant to the provisions of the Surface Mining and Reclamation Act of 1975 (Public Resources Code sections 2710 et seq.), as the.same may be amended from time to time, shall be processed, approved, modified and revoked in the same manner as is specified in this Article for conditional use permits. No reclamation plan shall be approved and no surface mining operation permit shall be issued without a public hearing thereon. Surface mining operations governed by these provisions shall be inspected at least annually for compliance with permit conditions. As a condition of approval of reclamation plans and /or surface mining operation permits, surface mining operators may be required to consent to the creation of liens and /or to post surety bonds and /or other sufficient security to guarantee reclamation in accordance with the reclamation plan. ADD. ORD. 3326 - 8/9/77 CB83d13a 555 o0ol.