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Home My WebLink AboutAGENDA REPORT 1995 0301 CC REG ITEM 11JITEM 2K r(L, E -- Agenda Report C'T1ON: dmuomwhe City of Moorpark TO: Honorable Mayor and City Council �FROM: Jim R. Aguilera, Director of Community Development2 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 will never be able to place a driveway adjacent to Mr. Bravo's driveway (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 policy should be revisited for clarity and applicability. Recommendation: Direct staff as deemed appropriate. Attachments: Memo of 9/29/88 Zoning Clearance Application 001.61 } ITEM JOHN PATRICK LANE Mayor ELOISE BROWN Mayor Pro Tem JOHN GALLOWAY Councilmember CLINT HARPER, Ph.D. Councilmember BERNARDO M. PEREZ Councilmember MAUREEN W. WALL City Clerk M E M O R A N D U M 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 TO: The Honorable City Council FROM: Patrick J. Richards, Director of Community Development DATE: September 29, 1988 (CC meeting of 10/5/88) SUBJECT: 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. lnaosmucn;astnese r�equeare�� rel�ated�;�to2anon-going construction eject„there istia 7sense=off urgericp Also; staff'is concerned"with the potential precedentfrom";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 give to staff. The City'Council` at their meeting of September 7;='1988 considered the request"of two,,. property-: owners:-:.for.;,.a .,.second ' driveways (these are both corner lots) and granted the requests. The Council directed staff to consider additional requests on a case -by -case basis and directed staff to suspend the enforcement of Section 8160-2.4 of the Moorpark Municipal Code until the development of a city-wide policy was created. 00162 799 Moorpark Avenue Moorpark, California 93021 (805) 529-6864 882609E./CHROMI PJR_crl September 29, 1988 Page 2 There appears to be two basic issues associated with this matter. First, to provide a ome owner a more reasonable use of their property. Second, to adhere to existing zoning standards which when applied universally will help maintain the overall integrity of the neighborhood. As noted above, home owners are using 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 past. 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 illustrates the typical residential zoning yard area: -----------Rear yard --------Side yards --------Front yard If a property owner has a larger yard area than noted above then they have the opportunity to use it and not be in violation of the city's zoning code. However with this opportunity comes the following concerns by staff: 1. To expand a drives -,ay or even add another driveway will eliminate on street parking. This may play a critical role in the future within tract housing as additional second, third or even a fourth vehicle is added to a residence as children reach driving age and remain at home. 00163. 882609E/CHRONI PJR:cr] September 29, 1988 Page 3 2. Throughout the city there are a number of Homeowners Associations and generally any changes to the tract requires an HOA approval. The city should not knowingly approve a driveway that would be in conflict with HOA rules or CC&R's. Any such requests within HOA's should have their prior approval. It may be easier to restrict this matter to R-1 zones only. 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 a collector, 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 again 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 achieve by. either widening or adding a new driveway. The use of turf block would help minimize the effect and still allow infrequent use. Although a wall or fence may be provided there is still the concern that the vehicle or recreational component may be too large to sufficiently screen it from view. Attached are several photographs which help illustrate the varied request and situations that currently exists regarding this matter. Photo No. 1 - Shows an existing paved area in the front yard where a full height curb and gutter was installed. The view obscuring gate can be seen adjacent to the house. In essence leaves driveways in the front yard. Photo No. 2, 8 - Photo No. 3, 4 & 10 Shows where a driveway approach has been installed but no pavement to the side yard exists nor is there a gate or fence. All relate to a request to enlarge the driveway approach. In doing so the side yard becomes more useable. Within Photo No. 12 there is insufficient side yard for the boat to be stored adjacent to the 882609E/CHRONI PJR_crl 00164 September 29, 1988 Page 4 garage. The widening of the driveway would enable the boat to be stored and removed easier. These photos only show some of the 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 the side property line. 3. No second driveway shall be permitted on a collector or arterial street, state highway. 4. All second driveways and driveway expansions shall receive Homeowners Association (where applicable) prior to any approval by the city. Approvk 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 high, including gates. 6. All side yard parking between garage/house to property line shall require a minimum of ten (10) feet. 7. All second driveways shall be no wider than twelve (12) feet. 8. No second driveway or expansion shall cause a corner or mid -block sight obstruction. 9. There shall be a minimum of 40 feet of full height curb between driveways on the same lot. 00165 882609E/C11RON1 PJR:crl September 29, 1988 Page 5 10. No parking or storage Of vehicles of any kind shall be permitted in the required front yard except on the driveway. The driveway is considered the paved area directly in front of the garage opening extending from the curb and is the same width as 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. K(5) 12. That at least a minimum of fivewidth 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 882609E,/CHRONI P,7R:cr-1 I 1 Y• A. �I "A Gg ) Yf t• , 1.3 WN + • JC �11(Z 1+i�K�e.�.?" Fy}. �•, ,� t} 1 �.��i Vy�.}��, FI ft . ��, �Ct�,S�»'vssF�Ci,�� vj � (( _."" x�l. of •'s E'f •'. t•f k' �."S." r�°E}5i��)r '�;" �.s 1:: C•`-1 � y a� #�� 'lea � ��•Y � f r � f�r;, ZZ,se .i6 fiN ,,�. rram... Ij - ' t a,. l ■` a i ' ll.j ,� 'k • •` t �':'• -a !11 ) fr k �a,�, r .f 5t�-,. �t { ,,N1:..� �K°H•rYaV W'lyy� Li y,3ia, � , ° .� � .�,�i Lf� ; �� 5� t 1 n-.i �`. t s .,;� _ _i r.' _ ..,r�.,1�', ,. t• S<.c- 8160-1.5.3 - _1-F aiaes - In the ; -_B Lone, =�iie:r 1-=tame structure, the building height may be erecting an increase. ieec upon approval of the Planning Director. f:_ve (') Sec_ 3160-2 - GE?tER1L YARD REGULATIONS Sec_ 8160-2.1 - Whenever two (2) or more one family dwellings ar- constructed on a lot or parcel of land there shall be a minimum distance of twenty (20) feet between said dwellings; (AM. ORD. #3572-11/3/81) Sec. 8160-2.2 - No residential or 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 of 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. #3572-11/3/81) 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 building; (AM. ORD. #3572-11/3/81) 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 shaT T be used for parkingC. Or storage Of a,.y V_},; rT e5 open storage, garages or other accessory buildings, except 'as specifically provided in this Chapter; (AM. 0RD.if3572-11/3/8I) Sec. 8160-2.5 - The parking or storage of, operative motor vehicles and motorhomes in the driveway access to parking space is permitted within a required setback; (AM. ORD_ 1�3572-11/3/31) 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 not less than the average depth of the front yards of the lots next adjacent thereto on either side, provided that said adjacent Tots are occupied by conform -in.- buildings. Where such adjacent Lot is vacant or is occupied by a - — -- -- nonconforming •'JU1lding, Or 1S Occupied by a-�'------ -- F.av�..n Of more than one and one-half (1-1/2) times the- depth required in that particular zone, the front yard of such adjacent lot shall be considered as being of the required width, for purposes of this provision; Sec. 3160-2.7 - Dwellings With Partv Walls - For the purpose of sideyard requirements, the following dwellings shall be considered as oce (1) building occupying one (1) Lot, provided that such dwellings =avc common party walls: Two -Gamily dwellings; C) rhr_e-family dwellings; �04 00171 CITY OF MOORPARK - ZONING CLEARANCE ZONING CLEARANCE NUMBER: 95-0031 CASE REFERENCE NUMBER: APPLICANT: BRAVO ,HENRY PHONE: 805-529-1790 ADDRESS: 00488 MC FADDEN CITY: MOORPARK r� OWNER: BRAVO ,HENRY ADDRESS: 00488 MC FADDEN PHONE: 805-529-1790 a PROJECT ADDRESS: 00488 MC FADDEN t A.P.N.: 511-0-101-29-0 JJ 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.FT. 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 CARPORT(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 00172 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: 001,73 ri rl IL 00174