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Home My WebLink AboutORD 446 2017 0503 ORDINANCE NO. 446 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 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 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 there is no possibility that the Zoning Ordinance Amendment No. 2016-01 may have a Ordinance No. 446 Page 2 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 3rd day of May, 2017. • Ja ice S. Parvin, Mayor ATTEST: Maureen Benson, City Clerktok /9\t`t‘'—`;‘‘°:,c, Exhibit A–Amendment to Sections 17.24.020 00' t Ordinance No. 446 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 O-S. A-E R-A R-0 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) Ordinance No. 446 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. Signage 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. -END- • Ordinance No. 446 Page 5 STATE OF CALIFORNIA ) COUNTY OF VENTURA ) ss. CITY OF MOORPARK ) I, Maureen Benson, City Clerk of the City of Moorpark, California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 446 was adopted by the City Council of the City of Moorpark at a regular meeting held on the 3rd day of May, 2017 and that the same was adopted by the following vote: AYES: Councilmembers Mikos, Pollock, Simons, Van Dam, and Mayor Parvin NOES: None ABSENT: None ABSTAIN: None WITNESS my hand and the official seal of said City this 3rd day of May, 2017. • Maureen Benson, City Clerk (seal) 7 F04 g S '.?'::::, ''''.'"<-il 7 r 4141