HomeMy WebLinkAboutRES PC 2017 617 2017 0523 RESOLUTION NO. PC-2017-617
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, CALIFORNIA, RECOMMENDING APPROVAL OF 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 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 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).
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, DOES HEREBY RESOLVE AS FOLLOWS:
Resolution No. PC-2017-617
Page 2
SECTION 1. ENVIRONMENTAL DETERMINATION: The Planning Commission
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
Planning Commission 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. PLANNING COMMISSION RECOMMENDATION: The Planning
Commission recommends to the City Council approval of Zoning Ordinance
Amendment No. 2017-01 as shown in Exhibit A, attached.
SECTION 4. Filing of Resolution: The Community Development Director shall
cause a certified resolution to be filed in the book of original resolutions
The action of the foregoing direction was approved by the following vote:
AYES: Commissioners Aquino, Haverstock, Vice Chair Hamous, and Chair
Landis
NOES: None
ABSTAIN: None
ABSENT: Commissioner Di Cecco
PASSED, AND ADOPTED this 23rd day of May, 2017.
Kipp L.-ndis, ' hair
.,:77/v/e,
David A. Bobardt, Community Development Director
Exhibit A— Zoning Ordinance Amendment No. 2017-01
Resolution No. PC-2017-617
Page 3
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), AND CHAPTER 17.32 (OFF-STREET PARKING
REQUIREMENTS) 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:
"Second dwelling" means an attached or a detached residential dwelling unit
which provides complete, independent, living facilities for one (1) or more persons. It
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.
Resolution No. PC-2017-617
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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.
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 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 lot on which a second (-2nd` dwelling The existing single-family dwelling
must be is to be constructed shall contain an existing single family dwelling, which is
owner-occupied at the time of application for a zoning clearance and building permit for the
second (2nd) 'ewelli g 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
Resolution No. PC-2017-617
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ADU must not exceed 50% of the floor area of the existing single-family dwelling or
1,200 square feet, whichever is less.
Let-Size Max. 2nd Unit Size,
in sq. ft.
10,890 21,780 sq. ft. 840
21,781 43,560 sq. ft. 00
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) second (2nd) dwelling 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 second (2nd) dwelling shall ADU cannot create or
increase a nonconforming use or structure. A second (2nd) dwelling shall not be
allowed on a lot which contains a legal nonconforming use or structure.
gh. - • - - - - -- - • • - - - -- •- fer the second (2nd)
dwelling and associated garage or carport structure shall be -- . • - - -- -- -
the existing single family dwelling based on the more restrictive of either: (i) the setback
requirements of an approved residential planned development (RPD) permit (sec
Section 17.36.030(6)(3)); or (ii) the setback requirements of the applicable zone district
(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.
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hi_ Architectural standards design of the second (2nd) dwelling shall conform
to ADU must be compatible with the existing single-family dwelling through use of the
appropriate building form, height, materials and color 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
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 second (2nd) dwelling 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.
the use of the second (2nd) unit and is consistent with the existing neighborhood
standards applicable to the existing dwellings.
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(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
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
located in a required dwelling unit setback and shall be paved.
(C) The required off street parking space(s) for a second (2nd) dwelling shall
at I ast ten (10) feet wide and paved.
lm. The community development director may approve the use of a
mobilehome mobile home or a manufactured house on a fixed foundation as an second
(2nd) welling 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 mobilehome
mobile home and manufactured housing standards of subsection (C) of this section.
n. Notwithstanding any other provision of this section, an ADU that 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.
Resolution No. PC-2017-617
Page 8
AMENDMENTS TO CHAPTER 17.32 OFF-STREET PARKING REQUIREMENTS
No. 8 of Section B of Section 17.32.020 (Required parking.) is amended to read 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. Second dwelling units 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.
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