HomeMy WebLinkAboutORD 449 2017 0705 ORDINANCE NO. 449
AN ORDINANCE OF THE CITY OF MOORPARK, CALIFORNIA,
APPROVING ZONING ORDINANCE AMENDMENT NO. 2017-01, AN
AMENDMENT TO CHAPTER 17.08 (DEFINITIONS), CHAPTER 17.20
(USES BY ZONE), CHAPTER 17.28 (STANDARDS FOR SPECIFIC
USES), CHAPTER 17.32 (OFF-STREET PARKING REQUIREMENTS),
AND CHAPTER 17.36 (STANDARDS FOR SPECIFIC ZONES AND
ZONE TYPES) OF TITLE 17 (ZONING) OF THE MOORPARK
MUNICIPAL CODE TO ADDRESS CHANGES IN STATE LAW RELATED
TO ACCESSORY DWELLING UNITS AND DETERMINING THAT THIS
ACTION IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT
WHEREAS, On February 15, 2017, the City Council adopted Resolution No.
2016-3580, directing the Planning Commission to study, hold a public hearing, and
provide a recommendation on a Zoning Ordinance Amendment to address changes in
State law related to accessory dwelling units; and
WHEREAS, at a duly noticed public hearing on May 23, 2017, the Planning
Commission considered Zoning Ordinance Amendment No. 2017-01, an amendment to
Chapter 17.08 (Definitions), Chapter 17.20 (Uses by Zone), Chapter 17.28 (Standards
for Specific Uses), Chapter 17.32 (Off-Street Parking Requirements), and Chapter
17.36 (Standards for Specific Zones and Zone Types) of Title 17 (Zoning) of the
Moorpark Municipal Code to address changes in State law related to accessory dwelling
units; and
WHEREAS, at its meeting of May 23, 2017, the Planning Commission
considered the agenda report and any supplements thereto and written public
comments, opened the public hearing and took and considered public testimony both
for and against the proposal, closed the public hearing, and after discussion, adopted
Resolution No. PC-2017-617, recommending approval of Zoning Ordinance
Amendment No. 2017-01; and
WHEREAS, at a duly noticed public hearing on June 21, 2017, the City Council
considered Zoning Ordinance Amendment No. 2017-01, 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 preliminarily determined that
this project is statutorily exempt from the provisions of the California Environmental
Quality Act pursuant to Public Resources Code Section 21080.17, which exempts the
adoption of an ordinance to implement the provisions of Government Code Section
65852.2 (Accessory Dwelling Unit Law).
Ordinance No. 449
Page 2
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
is statutorily exempt from the provisions of the California Environmental Quality Act
pursuant to Public Resources Code Section 21080.17, which exempts the adoption of
an ordinance to implement the provisions of Government Code Section 65852.2
(Accessory Dwelling Unit Law). No further environmental documentation is required.
SECTION 2. GENERAL PLAN AND SPECIFIC PLAN CONSISTENCY: The
City Council finds Zoning Ordinance Amendment No. 2017-01 to be consistent with the
City of Moorpark General Plan and all adopted Specific Plans, in that this ordinance
furthers one of the goals of the Land Use Element which calls for a variety of housing
types and opportunities for all economic segments of the community.
SECTION 3. The City Council hereby approves Zoning Ordinance
Amendment No. 2017-01, which amends Chapter 17.08 (Definitions), Chapter 17.20
(Uses by Zone), Chapter 17.28 (Standards for Specific Uses), Chapter 17.32 (Off-Street
Parking Requirements), and Chapter 17.36 (Standards for Specific Zones and Zone
Types) of Title 17 (Zoning) of the Moorpark Municipal Code to address changes in State
law related to accessory dwelling units, 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 written record of the passage and adoption thereof in the minutes 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.
Ordinance No. 449
Page 3
SECTION 7. The City Clerk shall submit a copy of the ordinance to the
Department of Housing and Community Development within 60 days after adoption.
PASSED AND ADOPTED this 5th day of July, 2017.
,U.fJ `
6Jani a S. Parvin, Mayor
ATTEST: 4- - .„,
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Maureen Benson, City Clerk g 4 R
Exhibit A— Zoning Ordinance Amendment No. 2017-01
Ordinance No. 449
Page 4
EXHIBIT A
ZONING ORDINANCE AMENDMENT NO. 2017-01
AN AMENDMENT TO CHAPTER 17.08 (DEFINITIONS), CHAPTER 17.20 (USES BY
ZONE), CHAPTER 17.28 (STANDARDS FOR SPECIFIC USES), CHAPTER 17.32
(OFF-STREET PARKING REQUIREMENTS), AND CHAPTER 17.36 (STANDARDS
FOR SPECIFIC ZONES AND ZONE TYPES) OF TITLE 17 (ZONING)
OF THE MOORPARK MUNICIPAL CODE
AMENDMENTS TO CHAPTER 17.08 (DEFINITIONS)
"Second dwelling" is deleted from, "Accessory dwelling unit" is added to, and
"Accessory structure" is amended in Section 17.08.010 (Application of definitions) as
follows:
the same parcel as the existing single family-dwelling is situated.
"Accessory dwelling unit" (ADU) means an attached or detached residential dwelling
unit on a lot with an existing single-family dwelling where the ADU provides complete
independent living facilities for one or more persons, including permanent provisions of
living, sleeping, eating, cooking and sanitation. An attached ADU includes an ADU
located within the living area of the existing single-family dwelling where "living area"
means the interior habitable area of a dwelling unit including basements and attics but
does not include garage or any accessory structure.
"Accessory structure" means a detached structure, not including an accessory dwelling
unit, located on the same lot as the building or use to which it is accessory, and the use
of which is customarily incidental, appropriate, and subordinate to the use of the
principal building or to the principal use of the lot.
Ordinance No. 449
Page 5
AMENDMENTS TO CHAPTER 17.20 (USES BY ZONES)
No. 3.c. in Section B. Residential Uses of Table 17.20.050 in Section 17.20.050
(Permitted uses in open space, agricultural, residential, and special purpose zones) is
amended as follows:
RPD
20U-
Zones O-S A-E R-A R-E R-O R-1 R-2 RPD N-D TPD
B. Residential Uses
3. Dwellings, single-
family
c.Sesen-d--dwelling
units Accessory
dwelling units when in ZC ZC ZC ZC ZC ZC ZC ZC
compliance with
Chapter 17.28
AMENDMENTS TO CHAPTER 17.28 (STANDARDS FOR SPECIFIC USES)
Section G. (Second (2nd) Dwelling.) of Section 17.28.020 (Standards related to
dwellings.) is amended as follows:
G. Second (2nd) Dwelling. Accessory Dwelling Unit.
1. Standards and Requirements. An second (2nd) dwelling accessory
dwelling unit (ADU) as defined in Section 17.08.010 of this title, requires approval of a
zoning clearance, and compliance with all of the following standards and requirements:
a. An --e _ _ _ _ - ADU is only be-permitted on a residentially
zoned lot that has one existing single-family dwelling, and the lot that-is one fourth (1/4)
acre (ten thousand eight hundred ninety (10,890) square feet) or larger in size and shall
be a lot which conforms to the minimum lot width, depth and size of the zone in which it
is located.
b. The lot on which a second (2nd)dwelling The existing single-family dwelling
must be - - -- - - - - -- - • - - .
owner-occupied at the time of application for a zoning clearance and building permit for the
second (2nd) dwelling construction of an ADU. Once the ADU is constructed, the property
owner must occupy either the primary residence or the ADU. A covenant shall be recorded
in the County Clerk's office declaring that the property owner must occupy either the
primary residence or the ADU.
c. The maximum size of the second (2nd) dwelling shall be no larger than
• _ •• _ • _ _ . _ _ •• . _ - _ _ _ - •-•• _ _ : An attached
ADU must not exceed 50% of the floor area of the existing single-family dwelling or
1,200 square feet, whichever is less.
Ordinance No. 449
Page 6
Let-Size Max. 2nd Unit Size
in sq.ft.
10,890 21,780 sq. ft. 800
21,781 /13,560 sq. ft. 900
1 5 acres 1,000
Z5 acres 1,100
d. A detached ADU shall be limited to the following gross floor area:
Lot Size Maximum Unit Size in Square Feet
Gross Floor Area
Under 1 acre 800
1 acre or greater 1,200
de. No more than one (1) second (2nd) dwelling ADU is allowed on each lot
with an existing single-family dwelling.
ef. The -__ _ _ _ _ _ ADU cannot be sold as a separate unit,
but it may be rented. If the ADU is rented, a lease length of more than 30 days is required.
If the property owner chooses to occupy the ADU and rents the primary residence, a lease
length of more than 30 days is required.
fg. Establishment of an second (2nd) dwelling shall ADU cannot create or
increase a nonconforming use or structure. A second (2nd) dwelling shall not be
gh. •• - - e - e- - • •- - - - • • - f r the second (2nd)
dwelling and associated garage or carport structure shah-be the same as is required for
requirements of an approved residential planned development (RPD) permit (see
(see Section 17.24.020). The minimum front yard setback and street side yard setback
for an ADU is the same as the underlying zone or the requirements of an approved
residential planned development (RPD) permit, whichever is applicable to the lot. The
minimum interior side yard setback and rear yard setback for an ADU is 5 feet. An ADU
that is constructed above an existing garage must have a minimum setback of 5 feet
from the side and rear lot lines. No minimum zoning setback is required for an existing
garage that is converted to an ADU, but it must comply with all applicable building and
fire codes. A minimum of 400 square feet of landscaped area (including uncovered
patios but not including areas within required setbacks) must be maintained in the rear
yard.
hi. Architectural standards design of the - - •- ae _ - - -e e ..
to ADU must be compatible with the existing single-family dwelling through use of the
_ _ ee . - _ _' _ _ e ••, • _ • , . _ - - 'e -e e with building form, height, roof
style and pitch, materials, color, and architectural details consistent with the existing
single-family dwelling. The roof material used for the - _ •_ _ _ _ _ ADU
Ordinance No. 449
Page 7
must be equal to or of higher quality than that used for the existing single-family
dwelling.
L The ADU must not exceed two-stories and must be no taller than 24 feet
in height, except when incorporated into the existing floor area of the existing single-
family dwelling, in which case the ADU must not exceed the height of the existing
single-family dwelling.
+k. The only accessory structures that may be attached to, or share a
common wall with, a detached second (2nd) dwelling ADU are a garage or carport.
It The following parking standards shall apply.-:
k. The number of parking spaces required shall be as follows:
(i) One (1) covered or uncovered parking space is required for studio or one
(1) bedroom units for each bedroom in the ADU, with a minimum of one (1) space for
the ADU if it has no bedroom This required parking is in addition to the required parking
for the existing single-family dwelling on the same lot.
fit) Parking is not required for an ADU that is:
1) Located within one-half mile of public transit (bus stop or a train
station);
2) Located within a designated architecturally or historically significant
district;
3) Part of the existing primary residence or an existing accessory
structure (e.g., basement or garage conversion)
4) Located within one block of a car share vehicle; or
5) Located in an area where the city requires on-street parking permits
but does not offer the permits to the ADU occupants.
(ii) Two (2) covered or uncovered parking spaces for two (2) bedroom units.
For more than two (2) bedroom units, additional parking may be required provided that
the community development director finds that additional parking is directly related to
the use of the second (2nd) unit and is consistent with the existing neighborhood
standards applicable to the existing dwellings.
(Alii) The size of°Each required off-street parking space shall for the ADU must
be an unobstructed minimum of nine (9) feet wide by twenty (20) feet long with a
minimum ten (10)-foot wide driveway. The parking space and driveway must be paved.
Required parking for the ADU can be covered, uncovered, tandem within a garage or
driveway, or provided by the use of a mechanical automotive parking lift within a garage
structure. No setback is required for tandem parking within an existing driveway, but the
Ordinance No. 449
Page 8
parking space must be entirely on the lot on which the existing single-family dwelling
and ADU are located.
(iv) If required parking for the existing single-family dwelling is removed in
conjunction with the construction of an ADU, the removed spaces must be replaced with
an equal number of spaces, which may be covered, uncovered, tandem within a garage
or driveway, or provided by the use of a mechanical automotive parking lift within a
garage structure.
(B) The parking spacc(s) provided for the second (2nd) dwelling shall not be
(C) The required off street parking space(s)for a second (2nd) dwelling shall
be in addition to the parking required for the existing single family dwelling, and shall be
at least ten (10) feet wide and paved.
tm. The community development director may approve the use of a
mobile home or a manufactured house on a fixed foundation as an second
(2nd) dwelling ADU, if the design is compatible with the existing single-family dwelling
and the surrounding community, and when it is in compliance with all of the mobileh„me
mobile home and manufactured housing standards of subsection (C) of this section.
n. Notwithstanding any other provision of this section, an ADU that complies
with replacement parking provisions of subsection (1)(4) of this section and satisfies all
of the following requirements shall be approved ministerially with a zoning clearance
and building permit:
a. It is located on a lot zoned single-family residential;
b. It is the only ADU on the lot;
c. It is contained within the existing space of an existing residence or
accessory structure;
d. It has independent exterior access; and
e. It has side and rear setbacks sufficient for fire safety.
Ordinance No. 449
Page 9
AMENDMENTS TO CHAPTER 17.32 OFF-STREET PARKING REQUIREMENTS
No. 8 of Section B of Section 17.32.020 (Required parking.) is amended as follows:
Minimum Parking Required Based on Gross Floor
Use Area of Building (Unless Otherwise Stated)
B. Residential: Handicap parking must be provided where required by the California Accessibility Code
8. Accessory dwelling See Section 17.28.020(G)
units
AMENDMENTS TO CHAPTER 17.36(STANDARDS FOR SPECIFIC ZONES AND
ZONE TYPES)
Section A. (General Standards.) of Section 17.36.020 (Standards for open space,
agricultural and residential zones.) is amended as follows:
A. General Standards. The following standards shall apply to development in all O-S,
A-E and R-Zones:
1. Except as otherwise provided in this title, there shall be not more than one (1)
principal residential structure on any lot. Not more than two (2) dwellings of any type
shall be constructed on any lot in the R-2 zone.
2. Day care facilities See Section 17.38.230.
32. No accessory structure other than an second dwelling accessory dwelling unit,
temporary mobile_home/recreational vehicle during construction or a farm worker
dwelling may be used for human habitation.
-END-
Ordinance No. 449
Page 10
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. 449 was adopted by
the City Council of the City of Moorpark at a regular meeting held on the 5th day of July,
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 12th day of July, 2017.
Maureen Benson, City Clerk
(seal)
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