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HomeMy WebLinkAboutAGENDA REPORT 2017 0705 CCSA REG ITEM 11A CW MOORPARK,CALIFORNIA City Council Meeting of 9-6-A 04 ITEM 11.A. A CTI 0 14 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). 397 OrdinanceNo. 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. 398 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. Janice S. Parvin, Mayor ATTEST: Maureen Benson, City Clerk Exhibit A— Zoning Ordinance Amendment No. 2017-01 399 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: "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. 400 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. Second-dwelling unite 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 second (2nd) dwelling shall 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 le second (2nd) dwelling The existing single-family dwelling must be ' e e -e• - - •- - - • - • _ _• . e, 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 the primary dwelling and shall be limited to the following lot size limitations: 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. 401 Ordinance No. 449 Page 6 Let-Size Ma d Unit Size, in sq.ft. 10,890 21,780 sq. ft. 800 21,781 43,560 sq. ft. 900 1 5 acres 1,000 5 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) - _ e _ -e ADU is allowed on each lot with an existing single-family dwelling. ef. The second (2nd) dwelling shall 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 -_. _ _ _ _ •. ADU cannot create or increase a nonconforming use or structure. a - - - . e • - •-e - -e = gh e - __ e - _ e e:- - . • - ferthe second (2nd) dwelling and associated garage or carport structure shall-be the same as is required for the existing single family dwelling based on the more restrictive of either: (i) the setback - -• _ .. _. e - - ee - - - - - - e - e ee ' - " • _- •- (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 - :-e -e - e - - - -- to ADU must be compatible with the existing single-family dwelling through use of the : . - _ •-'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 - e -: - _ _ - ADU 402 Ordinance No. 449 Page 7 must be equal to or of higher quality than that used for the existing single-family dwelling. 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. ik. The only accessory structures that may be attached to, or share a common wall with, a detached - -e - - -e ADU are a garage or carport. }I. 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. (ii) 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. (Alii) The size of cEach 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 403 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 space(s) provided for the second (2nd) dwelling shall not be at least ten (10) feet wide and paved. Im. 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 mobileheffie 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 (I)(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. 404 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- 405