HomeMy WebLinkAboutAGENDA REPORT 2017 0419 CCSA REG ITEM 08B ITEM 8.B.
CITY OF MOORPARK,CALIFORNIA
City Council Meeting
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MOORPARK CITY COUNCIL BY: .4",11111r,.....t. • -
AGENDA REPORT
TO: Honorable City Council
FROM: David A. Bobardt, Community Development Director 'I
DATE: March 30, 2017 (CC Meeting of 4/19/2017)
SUBJECT: Consider Ordinance Approving Zoning Ordinance Amendment No.
2016-01, an Amendment to Section 17.24.020 (Open Space,
Agriculture, and Residential Zone Development Requirements) of
Chapter 17.24 (Development Requirements) of Title 17 (Zoning) of the
Moorpark Municipal Code to Address Lot Size Standards for
Affordable Housing and Determining that this Action is Exempt from
the California Environmental Quality Act
BACKGROUND/DISCUSSION
On June 17, 2009, the City Council adopted Resolution No. 2009-2828, amending the
Land Use Element of the General Plan to allow for density bonuses up to 100% to
provide for affordable housing for lower income households. Ordinance No. 376 was
introduced on this date and adopted on July 1, 2009 to provide implementing language
in the density bonus section of the Zoning Ordinance. A 75% density bonus would be
allowed when 60% of the homes are affordable to lower income households, and a
100% density bonus would be allowed when 100% of the homes are affordable to lower
income households, all implemented through a housing agreement with the City to
guarantee the affordability.
Lower income households in the City's affordable housing program include very low
income households (annual household income not exceeding 50% of County median
household income), and low income households (annual household income between
50% and 80% of County median household income). The current median annual
household income for Ventura County is $89,300.00, varying up or down depending on
household size. A 4-person household annual income of below $46,700.00 would be
considered very low income, and a 4-person household annual income of between
$46,701.00 and $74,700.00 would be considered low income.
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Honorable City Council
April 19, 2017
Page 2
One provision which was not included in Ordinance No. 376 was a reduction in required
minimum lot sizes in Chapter 17.24 of the Zoning Ordinance to correspond to the
density bonuses, effectively limiting density bonuses for infill development to primarily
multi-family or rental housing. A 50% reduction in lot sizes in certain residential zones,
Single Family Estate (R-0), Rural Exclusive (R-E), and Single-Family Residential (R-1),
would increase the opportunities for affordable owner-occupied housing to be created.
Minimum lot sizes in these zones, currently 20,000 square feet in the R-O zone, 10,000
square feet in the R-E zone, and 6,225 square feet in the R-1 zone, are proposed to be
reduced to 10,000 square feet, 5,000 square feet, and 3,112.5 square feet respectively,
where the houses developed on these lots are sold to and maintained by qualified lower
income residents through an affordable housing agreement with the City. This would
increase the flexibility of the density bonus provisions in providing affordable housing by
adding owner-occupied housing as an option for infill development where the minimum
lot size standards could not otherwise be met.
The City's current very low income (below 50% of median income) and low income (50-
80% of median income) affordable housing provisions for owner-occupied housing
require the buyer to demonstrate to the City a qualified (very low or low) income at the
time of purchase, that the house be sold to the buyer at a price where the housing costs
are affordable for the designated income category, and that future resale be restricted to
households in the same income category. These provisions extend indefinitely for the
affordable housing unit.
Areas where such a reduced lot size could apply include the residential neighborhoods
along Walnut Canyon Road, Charles Street, and First Street. Several of these lots had
been developed with second units before zoning was established by the County. In
addition, the successor agency owns a number of these lots. A reduction in minimum
lot size could help in the creation of affordable owner-occupied housing.
On June 15, 2016, the City Council adopted Resolution No. 2016-3520, initiating a
Zoning Ordinance Amendment to address this issue, and seeking a recommendation
from the Planning Commission on this matter. On August 23, 2016, the Planning
Commission considered the proposed Ordinance, held a public hearing, and adopted
Resolution No. PC-2016-611,.recommending approval of the Ordinance.
Proposed text changes are shown in legislative format and are in the "Notes" section of
Table 17.24.020, in Exhibit A of the attached draft Ordinance. The final Ordinance will
have the legislative format removed. The City Attorney's Office has reviewed and
approved these text changes as to form.
ENVIRONMENTAL DETERMINATION
The Director has reviewed this project and found it to qualify for a General Rule
Exemption in accordance with Section 15061 of California Code of Regulations (CEQA
Guidelines), in that there would not be a physical change to any existing land uses in
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Honorable City Council
April 19, 2017
Page 3
Moorpark as a result of this ordinance. It allows for ownership opportunities of housing
developed to meet the City's affordable housing needs under the existing density bonus
provisions. No further environmental documentation is required.
NOTICING
The notice of the public hearing was published in the Ventura County Star in a 1/8 page
ad on April 8, 2017.
STAFF RECOMMENDATION
1. Open the public hearing, accept public testimony and close the public hearing.
2. Introduce Ordinance No. , approving Zoning Ordinance Amendment No.
2015-02, for first reading, waive full reading, and place this ordinance on the
agenda for May 3, 2017 for purposes of providing second reading and adoption
of the ordinance.
ATTACHMENT:
1. Ordinance No.
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF MOORPARK,
CALIFORNIA, APPROVING ZONING ORDINANCE
AMENDMENT NO. 2016-01, AN AMENDMENT TO SECTION
17.24.020 (OPEN SPACE, AGRICULTURE, AND
RESIDENTIAL ZONE DEVELOPMENT REQUIREMENTS) OF
CHAPTER 17.24 (DEVELOPMENT REQUIREMENTS) OF
TITLE 17 (ZONING) OF THE MOORPARK MUNICIPAL CODE
TO ADDRESS LOT SIZE STANDARDS FOR AFFORDABLE
HOUSING AND DETERMINATION THAT THIS ACTION IS
EXEMPT FROM CALIFORNIA ENVIRONMENTAL QUALITY
ACT
WHEREAS, On June 15, 2016, the City Council adopted Resolution No. 2016-
3520, directing the Planning Commission to study, hold a public hearing, and provide a
recommendation on a Zoning Ordinance Amendment that would amend Section
1724.020 (Open Space, Agriculture, and Residential Zone Development Requirements)
of Chapter 17.24 (Development Requirements) of Title 17 (Zoning) of the Moorpark
Municipal Code to Address Lot Size Standards for Affordable Housing; and
WHEREAS, on August 23, 2016, the Planning Commission considered Zoning
Ordinance Amendment No. 2016-01, an amendment to Section 17.24.020 (Open
Space, Agriculture, and Residential Zone Development Requirements) of Chapter 17.24
(Development Requirements) of Title 17 (Zoning) of the Moorpark Municipal Code to
Address Lot Size Standards for Affordable Housing, opened and closed a public
hearing, and after discussion, adopted Resolution No. PC-2016-611, recommending
approval of Zoning Ordinance Amendment No. 2016-01; and
WHEREAS, at duly noticed public hearing on April 19, 2017, the City Council
considered Zoning Ordinance Amendment No. 2016-01, opened the public hearing and
took and considered public testimony both for and against the proposal, closed the
public hearing, and discussed and reached a decision on this matter; and
WHEREAS, the Community Development Director has determined that this
project would qualify for a General Rule Exemption in accordance with Section 15061 of
California Code of Regulations (CEQA Guidelines), in that there would not be a physical
change to any existing land uses in Moorpark as a result of this ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY. OF MOORPARK
DOES ORDAIN AS FOLLOWS:
SECTION 1. ENVIRONMENTAL DETERMINATION: The City Council concurs
with the determination of the Community Development Director that this project would
qualify for a General Rule Exemption in accordance with Section 15061 of California
Code of Regulations (CEQA Guidelines), in that there would not be a physical change
to any existing land uses in Moorpark as a result of this ordinance. Based on its
independent analysis and judgment of the City Council, it can be seen with certainty that
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CC ATTACHMENT 1
Ordinance No.
Page 2
there is no possibility that the Zoning Ordinance Amendment No. 2016-01 may have a
significant impact on the physical environment. No further environmental documentation
is required.
SECTION 2. GENERAL PLAN AND SPECIFIC PLAN CONSISTENCY: The
City Council finds Zoning Ordinance Amendment No. 2016-01 to be consistent with the
City of Moorpark General Plan and all adopted Specific Plans.
SECTION 3. The City Council hereby approves Zoning Ordinance Amendment
No. 2016-01, which amends Section 17.24.020 (Open Space, Agriculture, and
Residential Zone Development Requirements) of Chapter 17.24 (Development
Requirements) of Title 17 (Zoning) of the Moorpark Municipal Code, as shown in Exhibit
A attached.
SECTION 4. If any section, subsection, sentence, clause, phrase, part or portion of
this ordinance is for any reason held to be invalid or unconstitutional by any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions
of this ordinance. The City Council declares that it would have adopted this ordinance and
each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of
the fact that any one or more section, subsections, sentences, clauses, phrases, parts or
portions be declared invalid or unconstitutional.
SECTION 5. This ordinance shall become effective thirty (30) days after its
passage and adoption.
SECTION 6. 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 publish notice of adoption in
the manner required by law.
PASSED AND ADOPTED this day of , 2017.
Janice S. Parvin, Mayor
ATTEST:
Maureen Benson, City Clerk
Exhibit A—Amendment to Sections 17.24.020
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Ordinance No.
Page 3
EXHIBIT A
ZONING ORDINANCE AMENDMENT NO. 2016-01
AMENDMENT TO SECTION 17.24.020 (OPEN SPACE,
AGRICULTURE, AND RESIDENTIAL ZONE
DEVELOPMENT REQUIREMENTS) OF CHAPTER 17.24
(DEVELOPMENT REQUIREMENTS) OF TITLE 17
(ZONING) OF THE MOORPARK MUNICIPAL CODE
Note No. 1 to Table 17.24.020 in Section 17.24.020 is amended as follows:
17.24.020 Open space, agriculture and residential zone development
requirements.
Table 17.24.020 indicates the minimum development requirements for buildings
and accessory structures in the open space, agricultural and residential zones with
respect to lot area, setback, height and building coverage unless indicated otherwise.
Maximum density and minimum lot dimensions (A through D) only apply to the creation
of new lots by subdivision or the amendment of existing lots by lot line adjustment and
do not otherwise restrict the use of the lot. Lot areas and dimensions (B through D) do
not apply to lots created for public or public utility uses. All setbacks shall be landscaped
except for required walkways and driveways. No parking shall be permitted in any
setback area except when on a driveway or as allowed by Chapter 17.32 (Parking,
Access and Landscaping Requirements). Additional development requirements are
given in the sections following Table 17.24.020. Development in any of the zones shall
follow the requirements of this title including but not limited to parking, lighting,
landscaping, signing, operation and entitlement. All construction must be performed
within the hours allowed by Chapters 15.26 and 17.53.
Table 17.24.020
DEVELOPMENT REQUIREMENTS FOR O-S, A-E AND R-ZONES
General OS A-E R-A R-O R-E R-1 R-2 SP, RPD,
Requirements TPD
A. Density— 1 du/10 1 du/40 1.0 2.0 4.0 7.0 15.0 By permit
Maximum acres acres
dwelling units
per gross
acre
B. Net lot area(in 10 acres 40 acres 1 acre 20,000 10,000 6,225 6,500 By permit
square feet
unless noted)'
C. 1. Lot width (in 110 110 100 80 80 60 60 By permit
feet)
C.2. Cul-de-sac 30 30 30 30 30 30 30 By permit
or odd-shaped
lot width (in
feet)
C.3.Flag lot 20 20 20 20 20 20 20 By permit
"pole"front
setback(in
feet)
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Ordinance No.
Page 4
D. Lot depth(in 150 150 100 100 100 100 100 By permit
feet)
E. Front yard and 20 20 20 20 20 20 20 By permit
setback, (in
feet)2
F. Side yard 10 10 5 5 5 5 5 By permit
setback,
interior side
(in feet)3
G. Side yard 10 10 10 10 10 10 10 By permit
setback,street
side(in feet)3
H. Rear yard 15 15 15 15 15 15 15 By permit
setback(in
feet)3
I. Lot coverage, 20 10 35 35 35 50 50 By permit
maximum(in
percentage)
J. Building and 35,with no limitation as to the number of stories so long as the height is not By permit
structure exceeded
height,
maximum(in
feet)
K. Parking shall meet the requirements of Chapter 17.32
L. Sjgnage shall meet the requirements of Chapter 17.40
M. Lighting shall meet the requirements of Chapter 17.30
Notes:
1. Required net lot areas in the R-O, R-E, and R-1 zones are reduced by 50% when the property
owner has executed an Affordable Housing Agreement with the City to guarantee housing will be
affordable to very low or lower income households or to senior citizens in accordance with the
provisions of Chapter 17.64 of this title.
2. See Section 17.24.025(D)(6)for exception.
3. Two (2) story residences with windows facing the adjacent property shall have a minimum ten
(10) foot side yard setback (second (2nd) story only) and a twenty (20) foot rear yard setback
(second (2nd) story only)from the adjacent property line.
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