HomeMy WebLinkAboutAGENDA REPORT 1995 1018 CC REG ITEM 11B-,
�?PA"K, CA
'iy Coundl D.'
MEMORANDUM
TO: The Honorable City Council
FROM: Jaime Aguilera, Director of Community
Paul Porter, Senior Planner
ITEM
DATE: September 13, 1995 (CC meeting of October 4, 1995)
SUBJECT: CONSIDER AMENDMENT TO THE MOORPARK MUNICIPAL CODE SECTION
ADDITION OF SECTION NO 17.32.011 REGARDING SECOND
DRIVEWAYS IN RESIDENTIAL ZONES
Background
The City Council adopted by minute action, the attached policy on
October 5, 1988 regarding second driveways. In the past, staff has
found that this policy has been difficult to interpret and apply.
In a memorandum to the City Council on March 1, 1995, staff
indicated that a request by Mr. Henry Bravo illustrated the
problems with the existing policy. Staff has since redrafted the
policy for clarity and applicability and believes that the
revisions should be added to the City's Zoning Ordinance as the
Zoning Ordinance does not currently address this issue. This issue
was discussed with the Transportation and Streets Committee on July
27, 1995. The Committee recommended that this matter be forwarded
to the City Council for action.
Second Driveways in Residential Zones
The following represents the Committee's recommendations for
revised Second Driveways for residential zones.
1. Second driveways and driveway approaches are only permitted
on:
a. Corner lots; or
b. Lots with a street frontage of more than 100 feet.
2. The following conditions are met prior to approval of a second
driveway and driveway approach:
a. No more than two driveway approaches per street frontage
shall be allowed.
PP09:13:9511:00PMA:\40CT95.CC 1
b. All driveway approaches must adhere to the following
setbacks:
1. 60 feet from the corner radius (as measured from
the end of the radius to full curb height).
2. 40 feet from another driveway approach on the same
property frontage (as measured from full curb
height to full curb height).
3. 10 feet from any other driveway approach on an
adjacent property (as measured from full curb
height to full curb height).
C. All driveways (not driveway approaches) must adhere to
the following development standards:
1. If a gate is to be used over the driveway, and if
said gate is less than 20 feet from the curb, the
gate shall swing inward or be a sliding /rolling
type parallel to the property line.
2. All driveways shall have a minimum distance of 5
feet from the property line.
3. The second driveway shall be no wider than 12 feet
wide.
Recommended Approval Process
The process can be simplified by utilizing an Administrative Permit
process (see attached) which can be approved by the Director of
Community Development after receipt of the application and deposit.
The deposit for processing an Administrative Permit is $525.00.
Recommendation:
Adopt the attached resolution directing the Planning Commission to
study, set a public hearing and provide a recommendation to the
City Council pertaining to the proposed changes to the City's
Zoning Ordinance.
Attachments: 1. Resolution initiating proceedings to revise
the Zoning Ordinance
2. 2nd Driveway Policy dated 9/28/88
3. Administrative Permit Requirements
PP09:13:9511:OOPMA :\40CT95.CC 2
000:.
a
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
H E H O R A N D U M
ITEW'V/ Y
T0: The Honorable City Council
FROM: Patrick J. Richards, Director of Community Development
DATE: 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
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.
. ,,,� Yu c�f�elar-eq to,- a�nTon= going constrtzcdo
p.r�o�ect� there Lisa sense. ofurgency. Also; staff `isjcorice'rtied with_ 5. !s? <ts cn:9i:
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 give to staff.
The :Ci t:.�...
y Council`; at their meeting of tSeptembet . 7, :..1988 considered
the request' of two - property-, owners::.for.,,.a.::second :drivewa s
are both corner lots and Y (these
directed staff to consider additionalth requests on • a c The ase-by-case
basis and directed staff to suspend the enforcement of Section
8160 -2.4 of the Moorpark tlunicipal Code until the development of a
city -wide policy was created.
0061
ATTACHMENT 2
799 Moorpark Avenue Moorpark, California 93021
tnnFN r7n C QCA
Im
Discussion
4-q,a
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 versally 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 la -rger 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 driveway 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_
001 14
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September- 29. 1911
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.
S. 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 - Shows where a driveway approach has been
installed but no pavement to the side yard
exists nor is there a gate or fence.
Photo No. 3, 4 &
10 All
relate to a
request to
enlarge
the
driveway approach.
In doing
so the
side
yard
becomes more
useable.
Within Photo
h10.
12 there is insufficient
side yard
for
the
boat to be
stored adjacent to
the
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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. Apprcvs-L
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.
we
Septernher 29 +/\ i3
. 19f3£1
Page S
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 are.
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.
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
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Sr_c. ?160 -1.j.3 - .
In the R - B Zone, wnca
:1- fame SCCLLCtuIC, ChC O! ',= �CC1nY
ildirg height may be incr' ::,.;
Lees u_)orn approval of tic ? r'-'/e (�)
Tanning Director.
Sec_ 3160 -2 - GENER.1L YARD UGULATI0;1S
Sec. 8160 -2.1 - Whenever two
constructed o (2) or more one family dwellings arm
n a lot or parcel of land there shall be a minimun
distance of twenty (20) feet between said dwellings;
(`M- ORD. 13572- 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) toa load and which are used for
shipping and /or the delivery of freight and products,
lots where delivery to storage or market, of agricultural except those
se
horticultural commodities is permitted under this Chapter and or
occurring on said lot; (Atl. ORD. 03572- 11/3/81) is
Sec_ 8160 -2.3 - No yard or open space oa adjoining groperty.shali 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 coasidered as
or open space for any other building; providing a yard
(AM. Off_ X3572 -11 /3/81)
Sec. 8160 -2.4 - No yard Or other open
building space required around any
for the purpose of complying with the setback regulations of
this Chapter Sha17
ODeII storm be used for park�g or storage Cf any ye},_`.To
storage, garages Or other accessory buildings, as
specifically provided in this Chapter; (AN. ORD.ff3572- 11/3/81)
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 repaired setback;_(. op —j
ti3572- 11/3/81)
Sec. 8160 -2.6 - NotaithstandiII
several zones g the prescribed front yards for the
in all zones where front yards are required, the depth
Of such front yard shall be not less than the average depth of te
front yards of the lots next adjacent thereto on either side, provided
that said adjacent lots are occupied by conforming buildings. where
such adjacent lot _
is vacant or is occupied by
building, or a nonconforming
more 1S occupied by a_`- nnrnrminv hrri liTinoo l.aq:nn a fr/Zl va rr7
°z mO one and one -half (1 -1/2) times- the depth re Dire
particular zone, the front yard of such adjacent 1 of dshallthbe
considered as being of the required width, for purposes of this
Provision-,
Sec. 3160 -2.7 - D , lliags With party Walls -
Sideyard requirements, the follow, For the pur�Ose Oi
ore ag dwellings shall be considered as
(1) building occupying one �1) lot, provided that such dwellings
ha're corrrnon party -calls
(a) Two- family dwellings;
airily � �e11iaf" ;
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ORDINANCE 196
AN ORDINANCE OF THE CITY COUNCIL
CALIFORNIA, AMENDING ORDINANCE NO. OF THE CITY OF MOORpARK
MAKING REVISIONS TO THE CITY'S ZONING ORDINANCE PURPOSE OF -189 FOR THE
TO DIRECTOR OF COMMUNITY DEVELOPMENT EATING
ADMINISTRATIVE PERMITS APPROVED
Whereas, The City Council adopted Ordinance
(Zoning) on March 2, 1994; and No. 1.89
Whereas, On April 6, 1994, the City
Resolution directing the Planning Council adopted a
Public hearing, and recommend to the City Council modificat hold a
the City,s Zoning Ordinance relating to Director of ions to
Development Approved Administrative Permits in order to
regulate the uses in Community
Moorpark; and question for the benefit of the citizens better
Whereas, The. Planning Commission held a public hearin g to
discuss this matter on May 9, 1994; and
Whereas, On June 15, 1994, the City Council held a public
hearing to discuss this matter and closed the public .
hearing, and
modifications r to the hCit s
City Council determined that the
exempt Y' Zoning Ordinance is categorically
P pursuant to State CE QA Guidelines Section 15061 (b 3
that the proposed amendments to the Zonin in
the potential for causing a significant effect on the environment;
not have
and
by the
Whereas, the changes to the Zoning Ordinance as directed
City Council are for the benefit of the healt h and welfare
Of the citizens of Moorpark.
Now, THE
CALIFORNIA, REFORE, THE CITY COUNCIL OF
DOES ORDAIN AS FOLLOWS: THE CITY OF MOORPARK,
SECTION 1. That
Ordinance are the modifications
Guidelines Section 15061c b ly exem t rs the City�s Zoning
( ) (3). P pursuant to State_ CEQA
SECTION 2, That the Current Zonin
amended as enumerated in Section 3, g Ordinance No. 189 is hereby
X001 54
1P05:11:94110:1.?..A;\0RD
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ATTACHMENT 3
SECTION 3 :
NOTE: AN APPROVED RESIDENTIAL PLANNED DEVELOPMENT PERMIT IS
MORE LOTS IN THE RA, RO, R -1, AND RE ZONES. MORE
■
•
0
O
E
Administrative Permit
Permitted Use
Planning Commission — Planned Development Permit
City Council — Planned Development Permit
Planning Commission — Conditional Use Permit
City Council — Conditional Use Permit
'There are specific regulations for this use; see Article 7.
19 —Sep -94 a:Zonchart.wU
Page 2
0 () 11 '� -J'
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Sec. 8106 -5. �A s
the first 10 Decks
a rde4u re ear, s tba k buildingonstructed at or
a side or
.rear proteback' n °x be not o cuPY m more o into level of
Two P rty Line, located closer than thrperc trod
al story homes ee feet to
balcony are Proposing
exquirements as ubject a second floor
Ption to
the e that t the main the same deck or
than second sto he required residence setback
not be Bless 0) as and t °r deck shard setback fhe
materials he side b or
1
not
e
bthose- °f the the nsecond is o feet . The setback r shall
Sec, twelve i12 In structure deck shall °r and the
8107_1.7.1 ) feet, not includaxunum heiOmPlen1ent
as defined _ Standards ing ra. ght shall
A inistrat• in Sectio and Re irement sling height.
standards and requiremen and ompl anc requlres A second dwelling,
Sec. 8111-2.1.1 is : e with all approval. foi f lean
d. lowing
Administr
Director of ive Permit
of a disc
Of Deve o Administrative
area use requ. y decision cement approved Pelt is
°rderub]ect t° site the permit Qulred prior toerinit based
Ch to assure Plan review Admin_strat•lnitiation
leas ter and with compliance with and may a co lve permits
the Direcdays o Prior toura pro °f he raequireman s of ed in
e Directo shall or Pplicable this
surroundin r s intenPionito a notice vial of the ° e• At
Property. Property pprove Y regular permit
.Director All notices°wners with• °r deny the mall of
co thoritY. o a Community s Devl include the 0 fee t off it to
dia rC ed, angdeneral e Plana opment ldentit the
x as Y of. the
to send• of the subject general descr of the the approving t
approval In comments Proper rlption, in after to be
he arin or denial and the hea a final date text or by
Development e shall be set the Admining date. In which
set tr p� rio
appeal P * The The D ecic may attend DlrectorvOf rmit, to
after the od which shall s decisionhe hearing Camdmunity
Sect- pn 811 rector's dec.end sixteen is subject give _sj xteenth day falls ]soon the the ofollow rendered days
weekend or hol , workdays i f t to
lday, the
PP05112:94110:23aM4 \O
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SECTION 4. That 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 sections,
subsections, sentences, clauses, phrases, parts or portions be
declared invalid or unconstitutional.
SECTION 5. This Ordinance shall become effective thirt
days after the passage and adoption. Y (30)
SECTION 6. The City Clerk shall
adoption of thi 0
A
cerzi
original ordinances of nsaid shall enter th
passage and adoption Y: shall
the City Council at
shall, within fifteen
m
thereof, cause the sa
a weekly newspaper of
6008 of the Government
hereby designated for
thereof in the records
which the same is
(15) days after
e to be published once
general circulation,
Code, for the City of
that purpose.
ry to the passage and
e same in the book of
make a minute of the
of the proceedings of
and adopted; and
ssage and adoption
in the Moorpark News,
as defined in Section
Moorpark, and which is
passed
the pa
PASSED, APPROVED AND ADOPTED this 21st day of Sept, , 1994.
Paul W awrason,
Mayor
ATTF.gm
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PP05:12:94110 :23amA :\0"
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MOORPARK
799 Moorpark Avenue Moorpark, California 93021
STATE OF CALIFORNIA )
COUNTY OF VENTURA, ) ss.
CITY OF MOORPARK )
TVN-7
(805) 529.6864
I, Lillian E. Hare, City Clerk of the City of Moorpark,
California, do hereby certify under penalty of perjury that
the foregoing Ordinance No. 196 was adopted by the
City Council of the City of Moorpark at a meeting held on
the 21st day of September , 1994, and that
the same was adopted by the following vote:
AYES:COUNCILMEMBERS HUNTER, MONTGOMERY, PEREZ, WOZNIAK, AND MAYOR LAWRASON
NOES: NONE
ABSENT : NONE
ABSTAIN : NONE
WITNESS my hand and the official seal of said City
this 2nd day of September , 1994.
Lillian E. Hare
City Clerk
V V��ya
PAUL W. LAWRASON JR. PATRICK HUNTER SCOTT MONTGOMERY BERNARDO M. PEREZ
Mayor Mayor Pro Tem Councilmember Councilmember
JOHN E. WOZNIAK
Concilmember
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