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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 F` A a 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 000140 r I F 11 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. 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 UIL" , OL 0 ir A-St, ............ xt Vol`i wr r •. <} ,} \.^'l �..�� .a `!4B frrJ: ir�r r ., ",r fir. ♦ .. ''' . r .� •. • • rte' VIP �•n P•r ra�"Gt1��. I »• -__.. e . h' rely :, ; f � t Y r ri t tr'�•. - mac: ti, 73 Pv 7. NXIL r..� . � •' fir..... .. • ' • } •�• • L'�r ., '`:rte. (� '~ � 1�i }�.. �. .', .. !'. <T .B•r Jet � a. i •�..- f.' i. 1.� �. k• s .... fir+•.\- •\...........•+.. •.,.�... ust W.7, �C'fxi�.U°Yib�� J r1 -rt r' r .+ �,y n� 'dl,,�. +•w„ ' • �J%. �[u� =ice • � ! r ,r � ' � "''CSI t ty4x') k`s�(t'ti{;r 'i F tires 1lr� o.-1 1r < Y S, �:� , • 2 .Zli : <i 4 r -•c ,� r r y�� •T A a7.< r �I: h.: , � , + t .B�a r �Jy •B r , r q . BY r. 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',= �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" ; 00_� 1 � � r �-A3 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 1 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' tA W! r� 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 RD en u � ('i 3 s r +W1 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 y PP05:12:94110 :23amA :\0" 4 _, r 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 Primed on Recycled Pz