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HomeMy WebLinkAboutAGENDA REPORT 1995 0301 CC REG ITEM 11Jyam. ITEM .J Agenda Report City of Moorpark T0: Honorable Mayor and Cit.y Council FROM: Jim R. Aguilera, Directs: of Community Development � DATE: February 23, 1995 (CC meeting of 3/1/95] SUBJECT: Consider review of City policy regarding second driveways Background: The City Council adopted, by minute action, the attached policy on 10/5/88 regarding second driveways. Staff has found the policy difficult to interpret and apply %e.g. items number 5,6,8,9,10,11,12 of pege 4 and 5 of the memo). A recent request by Mr. Henry Bravo (see attached) illustrates the problems with the policy. In Mr. Bravo's case, staff does not disagree with his request to place His driveway at the property line however the policy prohibits it and does not take into consideration the fact that the neighboring property wil: never be able to place a driveway adjacent to Mr. Bravo's ;iriveway (the premise being that two driveways should not be allowed to meet at the property line and cause a wide expanse of concrete to be visible from the street). Staff believes that the "A icy should be revisited for clarity and applicability. Recommendation: Direct staff as deemed appropriate. Attachments: Memo of 9/29/88 Zoning Clearance Application 001.61 JOHN PATRICK LANE Mayor ELOISE BROWN Mayor Pro Tern JOHN GALLOWAY Councilmember CLINT HARPER, Ph.D. Councilmember BERNARDO M. PEREZ Councilmember MAUREEN W. WALL City Clerk TO: FROM: DATE: SUBJECT: MOORPARK ITEM--, /. M E M O R A N D U M The Honorable City Council Patrick J. Richards, Director of Community Development September 29, 1988 (CC meeting of 10/5/88) STEVEN KUENY City Manager CHERYL J. KANE City Attorney PATRICK RICHARDS, A.I.C.P. Director of Community Development R. DENNIS DELZEIT City Engineer JOHN V. GILLESPIE Chief of Police SECOND DRIVEWAYS AND DRIVEWAY EXPANSIONS IN A RESIDENTIAL AREA Background Several weeks ago the city began the process of repairing curb, gutter and sidewalk in the Shasta Avenue residential area. The repair work was necessitated because of damaged caused by mature trees within the public right -of -way_ As the contractor commenced work in this area there began a number of request for second driveways and expansions of the existing driveways. This is a mature neighborhood and as such the residents have been utilizing their side and rear yards without benefit of an actual driveway. In other cases the residents have been taking advantage of side or rear yard space by gaining access directly from the front yard. Inasmuch ~ as, thes eAEgE twart related to$,"an,i�,on -going _construction project,,,there .`isti a}�senser o urgencyk Also ` staff ° =issconce"rned" with' +�. . the potential precedent from both zoning and public works perspectives that might take place with other similar requests in the future. Therefore this matter- is being brought before the City Council so direction may be qiv- to staff.. The City Council' at their meet inq of September 7, 1988 considered the request of t_wo.property owner:;..foi a second driveways (these are both corner lots) and yi the requests. The Council directed staff to consider cldditi�mal requests on a case -by -case basis and directed staff to us;pend the enforcement of Section 8160 -2.4 o[ the moorpark iluni a l "cui until the development of a city -wide Igo] icy way; r-reate' . 00162 799 Moorpark Avenue Moorpark, C diforro 93021 (805) 529 -6864 Fi82609G /CHkot,lI PJR_crl September 29, 1988 Page 2 Discussion There appears to be two basi, issues associated with this matter. First, to provide a T�ome ow,ler a more reasonable use of their property. Second, to adhez, to existing zoning standards which when applied uni ersally will help maintain the overall integrity of the neighborhood. As noted above, home owners at( u5,ing their side and rear yards for vehicle and RV storage without any specific approval from the city. Also, the city has not been strictly enforcing such yard area requirements in the pas* Mainly because to do so may only force more vehicles onto the the public streets in what turns out to be long term storage. The city zoning code Section 8160 -2.4 (see attachment) requires that no vehicles be parked /stored in any required yard area. The following diagram illustrate- the typical residential zoning yard area: If a property owner has it i they have the opportunity t( city's zoning code. H(�W­, following concerns by staff 1. i'o expand a dri�.e,: "Iimin,ite on str'e' role ,n the flit u Ond third or 1 Cjt'ure (1., chi 1 I[ iifi26(19E�('HIZrR�1I PJI� _� � 1 ---- - - - - -- -Rear yard - - - - - -- -Side yards - - - - - -- -Front yard f1 ger yat i irea than noted above then it <3nd not be in violation of the (h this opportunity comes the v n Odd another driveway will gar tiny. This filo" play a critical t r'ac t hous nq as additional a 1; t 1 vchiclo irs added to a i'i(l tenaa i n at home. 00163 ,epternher 29, IO88 Page 3 2_ Throughout the cite tl:ere are a number of homeowners Associations and q- Ilerally Iny changes to the tract requires an HOA app ) ova l_.. he city should not knowingly approve a driveway `_hal, would be in conflict with HOA rules or CC &R's. Any such requests within HOA's should have their prior apps ov,,l.. It- may he easier to restrict this matter to R -1 z.)nes on]... 3. Distance from corners and other driveways may cause site obstruction, leaving the city open to claims because of it's approval. 4. Second driveways should be discouraged on collector streets and other high volume roadways. This is due mainly to reduce the number of traffic conflicts. Although the city currently is designing residential units so they do not face � cllector, such circumstances exist in the city. 5. Although a matter mainly of aesthetics, view obstructing fences /walls and gates should screen such parking or storage. Also gates should not swing over public right -of -way as aga_n this places additional liability upon the city. A rolling gate is the ideal. Another aesthetic concern is the amount of pavement that the front of the house may achie%e by either widening or adding a new driveway. The ise of turf block would help minimize the effect and still rllow infrequent use. Although a wall or fence may he provided there is still the concern that the vehicle or recreational component may be too large to sufficiently screen it from v w. Attached are several photogrrnhs which help illustrate the varied request and situations tYl 4. .urrently exists regarding this matter. Photo No. 1 - Shows -in existing paved area in the front yard where a full height curb and gutter was :.;istalled. The view obscuring gate can be fr(­n adjacent to the house. In essence leave dr�vew)ys in the front yard. Photo No. 2, 8 - Photo No. 3, 4 & 10 1Uf 'I, M,) I'JIZ_cr 1 Shiow< ,he -e a driveway approach has been ii st,: e 1,1it no pavement_ to the side yard er i 1 r t hel e a elate or fence. Ail -1 a request to cnlarye the in doing so the side Y, (�,Ibir. Within Plioto Ile insuf f iciest r,i(lc ynrd for `;tol i,d -Id),(-ent t () i ho 00164 September 29, 1988 Page 4 gar') ; . I'11- .,idening of the driveway would enah_, t )at to be stored and removed els i . These photos only show some t tae possible configurations that can be raised by the question, of whether or not to allow second driveways or to extend them. Recommended Action It is recommended that the City Council adopt the following policies regarding encroachment permits for second driveways and driveway expansions. 1. Second driveway approaches are permitted on corner lots on the street side where no previous driveway approach exists. Also, such an approach shall not be placed within 60 feet of the corner radius. 2. Where a second driveway approach is used on a corner lot all gates shall swing inward or shall be a sliding /rolling gate parallel with 't.e side property line. 3. No second driveway :>hail be permitted on a collector or arterial street, st 3te L,ighway. 4. All second drivewayK and driveway expansions shall receive Homeowners Assoc_iation,e,(where applicable) prior to any approval by the --it. `rPprovd 5. All second driveways in the required front yard shall use turf block which shall be planted and maintained or have grass /lawn from back of walk (back of curb if no sidewalk) to the front fence /wall line. All parking in the side or rear yards shall be behind a view - obscuring fence or wall six (6) feet hic,h, including gates. 6. All side yard parking between garage /house to property line shall require mirimurn of ten (10) feet. 7. All second drivewv, shall be no wider than twelve (12) f-(,(-t. £3. No second driveway or -xpar,s ion shall cause a corner or mid -block sight oh' '11 t ion. 9. 'There -11,111 be 1 11 �imiim of 40 feet of full height curb hr� twee n dr iveway:, -t' 1r,, lo'. 00165 %;Fi26O9H /('iiRUNI I'JR cr I September 7.9, 1988 i >ag„ 10. No parking o, vehicles of any kind shall be permitted i11 the red front yard except on the driveway. The (It ewi,y i�, considered the paved a c directly in front (�t t-he gar,ige opening extending from the curb and is the ,�mw aidth a, the garage. 11. Top of curb for driveway approach must be a minimum of 5 feet from adjacent property line except on corner lots or lots on a knuckle. 12. That at least a minimum of five K(5) width in landscaped areas shall be provided and maintained between the adjacent property line and the paved driveway from the front of the garage to the curb. Attachments: Photos 00166 f;f;�G09I�: /CE3RONI PJR.ci r d s '* � F ' a =- k i r a x a , n � g" � ƒk\ p • b::/2����� \� '"�' �, ... � . , -- -�-, `. .� f� .; r. -� �., -.< �r ¢. ...� T� m �.3 1 r: i in Zh- R -B _one, 'r,r i ...QC G1Hg 0:1 1 = Me S rructuCa the h '1' f he i ght m.ry K ,lc:,. a ,rf, t _'�<• (� ) u.)ou .1opcoval of L;ir, Sac. 3160 -2 - GE IER_lL YARD REGUL,,TIn r� '` Sec. 8160-2.1 - 6lhenever two 2) or more one family dwellings constructed on s Lot or par", of land there shall be a minimtm distance Of twenty (20) feet be, ae"r said dwellings; (Ai1_ ORP,_ ;735 72- 1 1/3/3 1) Sec. 8160 -2.2 - No residential 3r agricultural zoned lot shall be used for the accessory parking or storage of vehicles which are designed to carry more than a three - quarter (3/4) ton load and which are used for shipping and /or the delivery ot freight and products, except those lots where delivery to storage or market, of agricultural or horticultural commodities is permitted under this Chapter and is occurring on said Lot; (AM. ORD (73572- 11/3/81) Sec. 8160 -2.3 - No yard or open space on adjoining property shall be considered as providing required yard or open space for another lot under the provisions of this Chapter; and no yard area or other open space provided around any building for the purpose of complying with the provisions of this Chapter shall be considered as providing a yard or open space for any other buil <1i.ng (AM. ORD. X73572- 11/3/81) Sec. 8160 -2.4 - No yard or other open space required around any building for the purpose of complying with the setback regulations of this Chapter shall be used for Parking Or storage of ny vehicles open storage, garages or other accessory buildings, except as specifically provided in this Ch,rr :t.I ; (r``1. ORD.i73572- 11/3/81) Sec. 8160 -2.5 - The parking or sl:orage of operative motor vehicles and motorhomes in the driveway access to parking space is permitted within a required _ setback; (AM. ORD l "73 ': '2- I1 /3/81) Sec_ 8160 -2.6 - Notwithstanding the prescribed front yards for the several zones, in all zones where front yards are required, the depth of such front yard shall be no! legs than the average depth of the LrOnt yards of the lots next adj.�ent thereto on either side, _provided that said adjacent lots are occk' led by nr rm buildings. :o�_o___ag b dins _ Wz�er2 such adjacent lot ° is vacant _ - copied by a non r i confoming building, or is occupied by of morn_ than oue and one -half ;2) -� ' ime thu depth cegtiired in that Partucular zone, the front ya ,t ! "C,''r adjacent lot shall be considere�f as be,_ng of the nr -i _ dr.hh for purposes of this provi.ioc; SOc- 3160 -2.I - Dwellings With art? , - For ,tdeyard �� quirements, the fo11 x. nr +w�1 shall one (1) building occupying our �;71 • -•__. aLlilV �It +��I the purpose of be considered as t such dwellings 00171 CITY OF MOORPARK — ZONING CLEARANCE ZONING CLEARANCE NUMBER: 95 -0031 e'ASE REFERENCE NUMBER: APPLICANT: BRAVO ,HENRY PHONE: 805 - 529 -1790 ADDRESS: 00488 MC FADDEN CITY: MOORPARK (� OWNER: BRAVO ,HENRY ! ADDRESS: 00488 MC FADDEN PHONE: 805 - 529 -1790 G PROJECT ADDRESS: 00488 MC FADDEN A.P.N.: 511 -0- 101 -29 -0 QJ ZONING: R -1 -� CODE SEC. No.: 8106 -5.1/3 PROPOSED USE: SECOND DRIVEWAY, FIVE FOOT SIDEWALK, EXISTING DRIVEWAY FACING POINDEXTER LOT INFORMATION LOT WIDTH: 0000 FEET LOT DEPTH: 0000 FEET LOT AREA: 0000 ACRES OR 000000 SQ.F7 "t MAX.HEIGHT: 00 FEET MIN.FRONT YARD: 00 FEET MIN.REAR YARD: 00 FEET MIN.SIDE YARD: 00 FEET MIN.DISTANCE BETWEEN BLDGS.: 00 FEET PARKING REQUIRED: OPEN(9X20): 000 C'ARPORT(9X20): 000 GARAGE(20X20): 002 CONDITIONS OF APPROVAL. RESIDENTIAL • NO HOA PRESENT ON THIS TRACT. * SITE PLAN ATTACHED. • OTHER: 1) A FOUR FOOT WIDE LANDSCAPED PLANTER SHALL BE LOCATED ADJACENT TO THE SOUTHERN PROPERTY LINE. 2) A GATE SHALL BE INSTALLED WHICH SHALL CONNECT THE SOUTHERN 00 172 PROPERTY LINE AND THE HOUSE. 3) THE DRIVEWAY SHALL BE COMPOSED OF CONCRETE A MINIMUM OF THREE INCHES IN THICKNESS. 4) NO TREES SHALL BE REMOVED DURING THE INSTALLATION OF THE DRIVEWAY. 5) THIS PERMIT APPROVED UNDER THE DIRECTION OF THE CITY MANAGER. APPROVED BY: JRA DATE: 02/22/95 NOTICE -THIS ZONING CLEARANCE BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED HEREIN IS NOT COMMENCED WITHIN, OR IS SUSPENDED OR ABANDONED FOR A PERIOD OF, 180 DAYS AFTER THE DATE OF APPROVAL OF THIS ZONING CLEARANCE. STATEMENT -I HEREBY ACKNOWLEDGE THAT I HAVE READ THIS ZONING CLEARANCE, INCLUDING THE CONDITIONS OF APPROVAL, AND STATE THAT THE INFORMATION GIVEN BY ME IS CORRECT AND THAT I AGREE TO COMPLY WITH ALL PROVISIONS OF THE CITY'S ZONING CODE AND THIS DOCUMENT. I FUTHER ACKNOWLEDGE MY UNDERSTANDING THAT I MUST RECEIVE APPROVAL FROM THE PROPERTY OWNER PRIOR TO COMMENCING ANY WORK AUTHORIZED HEREIN. APPLICANT: DATE: APPROVED BY:__ DATE: 00173 Jj 12 r.. 1-4 h, 16 12 r..