HomeMy WebLinkAboutAGENDA REPORT 1993 1027 CC ADJ ITEM 11MAGENDA REPORT
TO: The Honorable City Council
k ITEM r
CT;ON:
FROM: Jaime Aguilera, Director of Community Developmen
Paul Porter, Senior Planner ,_;y
DATE: October 5, 1993 (CC meeting of October 20, 1993)
SUBJECT: REVISIONS TO CITY'S ZONING ORDINANCE
Background
On December 16, 1992, the City Council began the public hearings on
the proposed changes to the City's Zoning Ordinance and closed the
public hearing on February 24, 1993. The Council directed staff to
make additional changes to the Zoning Ordinance and to bring the
draft Ordinance back for the Council's review prior to having the
proposed changes reviewed by the Planning Commission. On July 24,
1993, the City Council directed staff to have the Planning
Commission review the City Council proposed changes prior to
bringing the Zoning Ordinance back to the City Council for final
review.
In addition to the proposed revisions to the Zoning Ordinance, the
Planning Commission reviewed the following Ordinance sections
pursuant to the City Council's direction:
1. Section 8105 -4 Permitted Uses in Open Space, Agricultural
and Special Purpose Zones - The Planing Commission should
review the uses presently allowed in the Open Space Zone
and in the proposed "Institutional" zone and make
recommendations as to deletions or deletions to those
zones.
2. Section 8106 -1.1 - Review the existing setbacks and make
recommendations to increase or decrease those setbacks.
3. Section 8106 -8.6 - Light Fixtures - Make a recommendation
regarding item (a) maximum height of lighting fixtures
and review the Public Works Director's standard
conditions; and (b) examine whether the existing general
standards should remain, or should they be augmented by
adding the public works standard conditions? The
Planning Commission reviewed the public works standards
and indicated that the public works standards are for
public street lighting and not appropriate for lighting
on private property.
199
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i
Cy
4. Section 8107 -1.7. -
Planning Commission sh4
for this section.
restrictive and by
regulations, preclude
antennas.
Satellite Dish Antennas - The
Auld review the screening standards
These standards may be overly
the nature of the proposed
the existence of these type of
5. Section 8108 -1 (y) (1) - The Planning Commission should
determine whether mobile homes within Mobile Home Parks
should require 2 covered spaces per unit or be changed to
allow one covered and one uncovered space?
6. Section 8109 -2.3 - RPD Zone Setback Regulation - The
Planning Commission should review these setback and
determine whether the setbacks should be more flexible to
accommodate various types of residential projects.
7. Section 8111 -7.1.3 (a) - Permit Adjustment - The Planning
Commission should determine a "not to exceed" number for
the section allowing the Director discretion to increase
the square footage of a building.
The proposed changes were brought to the Planning Commission for
discussion on September 7, 1993. The Commission finished their
discussions on the proposed changes at their meeting of October 4,
1993.
Discussion
Staff has incorporated the Planning Commission's recommended
changes into the attached draft of the City's Zoning Ordinance.
For ease in reading, all of the proposed changes are in legislative
format. This includes the previous recommended changes to the
Ordinance presented to the City Council beginning on January
13,1993 and the additional Planning Commission recommendations.
The proposed Ordinance does not address the recent changes to
Article 10 - Sign Requirements that has recently been reviewed by
the Planning Commission. The types of proposed clean -up actions to
the ordinance include, but are not limited to the following
changes. The following items shown in bold are the additional
Planning Commission recommended changes.
1. Page 3 - Modified definition of "Animals, Farm ".
2. Page 5 - added definition for "Church ".
3. Page 5 - Modified Definition of "Commercial Vehicle ".
4. Page 5 - Modified definition for "Day Care Facility ".
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5.
Page 7 - deleted definition of "Family ".
6.
Page 10
- Modified definition of "Motion
Picture and
Television
Production" to include provision for vehicles.
7.
Sec. 8105 -3 j. added retaining walls 3 feet or
less.
B.
Page 13 -
Modified definition of "Swap Meet
", modified
definition
of "Vehicle Abandoned" and added
definition of
"Temporary
Special Use Permit ".
9.
Page 17 -
Sec. 8104 -1.1 - modified definition
of Open Space
Zone
10. Section 8105 -5 - Eliminated requirement for Churches in the M- r
1 Zone to have a Conditional Use Permit (This has already been
incorporated into the Zoning Ordinance).
r'
i I
11. Modified allowed uses in Open Space Zone to be consiste with
the revised definition of Open Space Zone. Periodic utdoor
sporting events and Temporary outdoor festivals an similar
events would be allowed with a City Council approved ,r
Conditional Use Permit. The following allowed uses were,'��
recommended to be eliminated: Airfields and lanSiing strips]
private; day care facilities of between 7 - 13 children,
colleges and universities; temporary outdoor" government
buildings; correctional institutions; law enforcement
facilities; hospitals for large animals; community centers for
farm workers and nonprofit farm community organizations;
geothermal spas; recreational vehicle parks; retreats; and
shooting ranges and gun clubs.
12. Modification to setback from streets as found in Section 8106-
1.2 from 30 feet for all existing and planned four and six
lane arterials to 20 feet.
13. Page 33 - modification to Section 8106 -5 d.
14. Page 33 - Added section regarding parking of a trailer, bus or
similar recreational vehicles in setback areas and parking in
setbacks on page 47.
15. Page 35 - Modified requirements for second story decks and
patio covers.
16. Pages 37 - Added requirement that fixtures must provide sharp
cut -off qualities to minimize spill -off at property lines.
17. Modifications to Section 8107 - Satellite Dish Antennas
beginning on Page 43.
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18. Beginning on Page 44 Section 8107 -2 - "Standards Relating to
Animals" has been rewritten.
19. Page 67 - Parking requirement for churches has been modified.
20. Page 67 through 72 - Parking requirements for some uses have
been decreased. The reason for this is to increase the AVR
(Average Vehicle Ridership) and to act as a TCM
(Transportation Control Measure) in order to help reduce air
emissions from vehicles. As an additional TCM measure, staff
has modified Section 8108 -1.1 - Mixed Uses allowing a
reduction in parking requirements for mixed uses that have
different peak parking times. TCM measures such as shared
parking and decreasing parking standards have been discussed
as appropriate methods of reducing vehicular emissions at
monthly Transportation Control Measure (TCM) Working Group
meetings held by the County of Ventura Air Pollution Control
District.
Planning Commiss'�Lon clarified the parking for schools as being
for "non public" schools and recommended changes to parking in
industrial zones allowing for compact parking spaces.
21. Page 72 - Modified Section (c) to allow off -set of required
parking spaces if motorcycle parking provided.
22. Page 72 - Parking aisle and space dimension requirements have
been modified.
23. Beginning on Page 80, (Section 8109- 2.3.2), the Planning
Commission recommended changes to the setbacks in Residential
Planned Development Zones.
24. Page 84 - Modified to address requirements for metal
buildings.
25. Page 99 - Section added for "Temporary Special Use Permit ".
26. Page 100 - Additional finding added to "Permit Standards"
regarding compatibility with surrounding properties.
27. Page 101 - City's Zoning and Subdivision Ordinance referred to
rather than "Chapters 1 and -211.
28. Pages 106 - Modified requiring posting of property 11, not 10
days prior to hearing and placement of signs regarding public
hearings.
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29. Page 108, Planning Commission recommended a change to Section
8111 -7.1.4 a. recommending approval of Permit Adjustments for
increases or decreases not to exceed 2,000 sq. ft. or 10%
whichever is less, not to exceed more than one request per
year.
In addition, the Council approved "Density Bonus Provisions" have
been incorporated in Article 16 of the attached Ordinance. Section
8111 -8.1 regarding appeals has also been incorporated in the
Ordinance. This provision increases the number of days to file an
appeal from 15 to 16 days and states that approval of a Zone
Clearance or other ministerial approvals are not appealable other
than by the applicant of the Ministerial Approval.
Planning Commission Request that the City Council Direct the
Planning Commission to Study Additional Issue
At the Planning Commission meeting on October 4, 1993, the Planning
Commission reviewed the attached information from the City of
Thousand Oaks relating to Large Day Care Facilities. The City of
Thousand Oaks requires a Special Use Permit for the operation of
such a facility. In accordance with Section 1597.46 of the Health
and Safety Code, the State of California has partially preempted
regulation by local jurisdictions of Large Day Care Facilities
involving care of seven to fourteen children, while regulation of
Small Family Day Care Facilities where care is provided to six or
fewer children are fully exempted from local regulation.
The State prescribes that Large Day Care Facilities shall not be
prohibited, but that local jurisdictions do one of the following:
1. Grant a nondiscretionary permit subject to compliance
with reasonable standards, restrictions, and requirements
regarding the spacing and concentration, traffic control,
parking and noise control, fire safety and subdivision
regulations relating to the dwellings in the residential
area; or
2. Require any Large Day Care Facility to apply for a permit
to use a lot zoned for single - family dwellings. The use
permit shall be granted if the large day care home
complies with local ordinances and prescribes to
reasonable standards, restrictions and requirements
regarding the spacing and concentration, traffic control,
parking and noise control, fire safety and subdivision
regulations relating to the dwellings in the residential
area.
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The Planning Commission requests that the City Council direct the
Planning Commission to set a public hearing on this issue and study
it further to determine if the City should establish special
criteria for Large Day Care Facilities.
Recommendations:
1. Find that the modifications to the City's Zoning Ordinance are
categorically exempt pursuant to State CEQA Guidelines Section
15061 (b) (3).
2. Review the proposed changes, and advise staff of any
additional recommended changes to the Zoning Ordinance.
3. Adopt the attached Resolution directing the Planning
Commission to review requirements for Large Day Care
Facilities.
4. Introduce Ordinance No. (Zoning Amendments) for first
reading.
Attachments: 1. Resolution directing the Planning Commission
to review requirements for large day care
facilities.
2. Draft Ordinance
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