HomeMy WebLinkAboutAGENDA REPORT 1995 1004 CC REG ITEM 11IMEMORANDUM
TO: The Honorable City Council
FROM: Jaime Aguilera, Director of Community Deve
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.
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0061
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
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01JULS4
RESOLUTION NO. 95-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MOORPARK, CALIFORNIA DIRECTING THE PLANNING
COMMISSION TO STUDY, SET A PUBLIC HEARING AND
PROVIDE A RECOMMENDATION TO THE CITY COUNCIL
PERTAINING TO THE PROPOSED AMENDMENT TO THE
MOORPARK MUNICIPAL CODE (CITY OF MOORPARK
ZONING ORDINANCE) ADDITION OF SECTION NO
17.32.011 REGARDING SECOND DRIVEWAYS IN
RESIDENTIAL ZONES
Whereas, Section 17.60.020 of the Municipal Code provides that
the City Council may initiate proceedings to consider amendments to
the Zoning Code by the adoption of a resolution, of intention
requesting the Planning Commission to set the matter for study,
public hearing, and recommendation within a reasonable time.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. That the City Council does hereby authorize
the initiation of proceedings to consider amendments to revise the
Zoning Ordinance for the purpose of considering an the addition of
Section No. 17.32.011 regarding second driveways in' residential
zones.
SECTION 2. That the Planning Commission is hereby
directed upon filing of a complete application, to study, set a
public hearing and provide a recommendation to the City Council
pertaining to the addition of Section 17.32.011 regarding second
driveways in residential zones.
SECTION 4. That the City Clerk shall certify to the
passage and adoption of this resolution.
PASSED, APPROVED, AND ADOPTED THIS DAY OF , 1995.
AYES:
NOES:
ATTEST:
City Clerk
Mayor
PP09:23:9512:00PWA: \40CT95.CC 3
ATTACHMENT 1
(AA5
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
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M0(312PARK
H E H O R A N D U N
ITEM //°
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
T0: The Honorable City Council
FROM: Patrick J. Richards, Director of Community Development
DATE: September 29, 1988 (CC meeting of 10/5/88). (e
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.
rtxrJ- itCLC is at;�sense; ot4,urgency " Al o�; staff `is�coricerned' with
the potential preecce�de t `�from''both zoning nd
perspectives that might take g Public works
9 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 :Cl t , ,..
y Council; at their meeting of September 7, 1988 considered
the request C' of two._.. property owners..:. for.,,_
a,9, s
are both corner lots and Y (these
directed staff to consider additional requests on• a case- byucase
basis and directed staff to suspend the enforcement of Section
8160 -2.4 of the Moorpark flunicipal Code until the development of a
city -wide policy was created.
ATTACHMENT 2 0001st
799 Moorpark Avenue Moorpark, California 93021
_-- - - - - -- (onri ron cocA
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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! un ersally 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.
(�12
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September 29 +, O
1988
Paye 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 - Shows where a drivewa y 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
No.
12 there is insufficient
side yard
for
the
boat to be
stored adjacent to
t =he
0101011 S
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September 29, 1983
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
be raised by the question of whether or not to allow can
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.
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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 oil the same lot.
r
September 29 IS
Page S 1988
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 aye.
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(S) 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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Sec. ii160 -1.5-3
1 �'` In the 3- 8
.1 -c r.ime
stcucturc the
hcigbt ma
iCCL (1:70[1 .]DU CO VaL O rg
£ the ''laming Direc[or o� inc: ^; :,�,; f;.,.
Sec- 3160 -2 - Gc�1E3_1L YARD
REGUL:ITI0.1s
Sec. 8160 -2.1
constructed Whenever ts,o (2) or more one
°Q a lot o parcel family d +e1lin
�+ent r arcel
distance of t o£ land there shall be a 3' a._
(A�� ORD '13572-11/3/81) Y (2 feet bet ,eeII said dwellings; mininun
Sec. 8160 -2 -2 - No residential or a
for the accesso rY parking gricultural zoned lot shall be used
or storage of vehicles
Shipping rY more than a three - quarter which are designed to
pping and /or the delive (3/4) ton load and which are used for
lots where delivery to rY °f freight and products
horticulture storage or market except those
1 commodities is permitted °f agricultural or
occurring on said lot; under this or
and is
(AM. ORD. /3572 -11 /3/81)
Scc: 8160 -2.3
considered as No and or
Providing required Yard
on adjoining property- shall be
under the provisions of this Chapter; d and open space for another lot
space provided around any building Yard area o
the provisions of t g for the r other oPen
or o his Chapter shall be Purpose of complying with
pen space for any other building; Considered as providing a and
(AM. ORD. X3572 -I1 Y
Sec. 8160 -2.4 /3/81)
building - NO Yard or other o
g for the purpose of Pen space required around
this Chapter Complying With any
t__ shad be Used fo. p°_ r st setback regulations of
open storage, garages or k g o s_oraoe
saecificall other °- of a`' vA — es
Y Provided in this other accessory buildings, except Chapter; -
(AM- ORD.iP3572 --11 P as
Sec. 8160 -2.5 � /3 /8I)
motorhomes - The Parking or storage of operative motor
in the driveway access to parking spacA is vehicles and
a required setback; (_ �- ORD # #572 -11 /3/81•}
Permitted within
Sec. 8160 -2.6
several - :lotaithstanding the
zones, is all zones w prescribed front yards for
Of such front here front yards are the
front yard shall be not less required, the depth
yards of the lots next not than the average depth of the
that said adjacent l 3 thereto on ei[her side
such adjacent are occupied by confo_�� , Drovided
djacent lot is vacant `�° bu- ldings- were
building, or or is occupied
oI is OCCL?uied by _. rn__rn _ by a
Of ore than one and one- half
�C�° ononfonzorm?ag
Particular zone, the ) zmes the--depth regci, in that
Considered as front yard of such adjacent lot
being of the required width shall be
provision; for u
P rposes of t`- is
Sec. 8160 -2.7 -
sicevard DaeLlin s With party walls
-
requirements, the follow; For the
Ore (1) buildin; nS dwellings shall be considered os
hav,� coervon oarCy occupying one i 1) lot, provided [hat
ells: sucin d- elli�gs
(a) Ta`7- i.�mily dwellings;
y uc�,.ilinrs;
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ORDINANCE 19 6
CA ORDINANCE OF THE CITY COUNCIL OF
CALIFORNIA. AMLNDING ORDINANCE NO. THE CITY OF MOORPARK
MAKING REVISIONS TO 189 FOR THE PURPOSE Og
TO DIRECTOR OF THE CITY'S ZONING ORDINANCE
ADMINISTRATIVE COMMUNITY DEVELOPMENT ALATING
PERMITS APPROVED
(Zonin Whereas, The
g) on March 21 1994 and 1ty Council adopted Ordinance
No. 189
Resolution Whereas, On April 6
directing the 1994, the Cit
Public hearing, lanning Commission Council adopted a
the Cit=y g and recommend to the Cit tO study,
Development 1 s Zoning Ordinance y to
modifications to
regulate Approved relating to Director
gulate the in Administrative of Communit
Moorpark; and uses question for the P benefit in order to better
the citizens of
discuss Whereas, The Plannin
this matter on Ma g Commission held a
1' 9, 1994; and Public hearing to
Whereas, On June 15, 1994
hearing to discuss this matter and �cloe City the Council held a public
Whereas, the Public hearing; and
modifications City Council
exempt pursuant o the City,s Zoning determined that
that the to State CE QA g Ordinance is categorically
Proposed amendments Guidelines Section gorically
and potential for causing to the Zoning 15061 (b) (3) in
the g a significant effect Ordinance do not have
on the environment;
by the CitWhereas, the changes to the Zoning Ordinance
Of the citizens of Council are for the
Moorpark, benefit of the as directed
health and welfare
NOW, THEREFORE THE CITY COUNCIL OF Tom;
. DOES ORDAIN AS SECTION 1. FOLLOWS' CITY
CALIFORNIA OF MOORPARK
Ordinance '
are That the categorically modifications to
Guidelines Section 3 exempt the City's Zoning
15061 b ( ) pursuant to Sta te: CE
SECTION 2. Q A
amended as enumerated That the Current Zoning
in Section 3, Ordinance No.
189 is hereby
PP05 :12:99/10 :23,,A : \0RD
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ATTACHMENT 3
UMIJ
SECTION 3
FA
NOTE: AN APPROVED RESIDENTIAL PLANNED DEVEL
MORE LOTS IN THE RA, RO, R -1, AND RE ZONES. OPMENT PERMIT IS RE
QUIREI
Kennels
f
--- • -•••a Nuses and bed - and- breaidast inns
Care acilities• (see also H &SC & W &IC)
DaY Care of 12 or fewer persons State law requirement related to day
care facilities for 7 -12
Care of 13 or more persons
Intermediate: Care of 7 or more
2SOna
Residential: Care see Defi nRans
of 6 or fewer persona
Care of 7 or more arsons
Cemeteries
Accessory crematories, columbaria and mausoleums
Churches, a no o ue and other buildin s used for rail loss woraht
Clubhouses (no alcoholic beverages)
Communications facilities
Drlllin , tam orar eolo Ic tesu onl
Dwelling, home single- famlly(2 ) ( R -P-
Mobie 1) zone: see also
, continuin nonconformin note below)
Affordable or elderly, built ursun
Dwellings, two -famil , P to Article 16
Affordable or elder) twvo single- family dwellings (2)
Dwellings, built pull
to Article 16
9 MUM family
Affordable or elderly, built
Jwellin a, acce Pursuant to Article 16
ssor atructtres
For human habitation:
Mobtlehome /RV as tam ora dwellin during construrr:.,...
Second dwelrl.,.,.
-- ... wrtn or without
Second ato I
rY Patio deck
Accessory structure over 12+0
Over Tenn .- ., square feet
lellin a, accessor uses -- `•"""` °Tmercial), above 40feet•
y
Animals (n
Farm animals• (other than hor
Horses ponies* ses /Ponies)
Pet animal
More anlmals than are permitted bySec 8107-,.2 W
ild animals
Commercial uses InOf
Home . occupation Pr °jea residents
Stora e, o en• 1
Education and training
Colleges and universities
*There are specific regulations for this use; see Article 7.
Page 2
19— Sep -94 a:zOnchart.wk3
X Administrative Permit
♦ Permitted Use
a Planning Commission - Planned Develop meat permit
City Con ac" - Planned Development Permit
®O PVnning Commission - Conditional Use Perrot
City Council - COnditional Use permit
OS AE
n .. M RO Rl R2 u or, ..,.,
�v�assa
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Sec. 8106 -5. +A S
the first 10 - Decks oor Side or rear, , ° h When construct
as equired rear setbacks
ut building, a deckdmat °r below the not side or rear Property'li °r be 1 catedpy morexthan into level of
ne, closer than three fen rof
bTwo story homes to
eequlrementsare subject proposing a Second flu
xception that o the Same deck o
thesecond sto the trequired re reside a wi setback
n ten J balcon ar Yard th the
mate b ale less _co
e e and the s d k s all not for
tho of the (10) feet. d setback s less
be se of the main second story deck The color
Sec, twelve Structure, k shall co and the
8107 -1,7. 12) feet, not Maximum complement
as defined 1 Standar including railln ght shall
Administrativein Sections and Re ireme g height,
standards Permit 8102 -0 nts
and requirements• COmpli, cer Wquires approvd dwellin
Sec. 8111 -2,1.1 h all of the approval f an
d_ lowing
Administr
Director of ive Permit
ofa discretlona unity Deveello Administrative
area use requiring decision cement approved Permit is a
Orderuto ct to site the Permit�ired Prior to . . based
Chapter ° assure cum Plan review and itiati.on
leat and with the Pliance with d may be Condit Permits ten the Direc days prior of he requiremloned in
Sur]Director'. hall provideroval or denial cable Zone,thls
rou inte a not' of At
Property g Proper approve to approve e by regulars permit,
Director All notice Owners wit or deny the mail of
authorit of COmmunit shall include 300 feet elt to
consider a general Y Develo the identit °f the
do agrain, f the a general anatloneno f t the a Pro the
send in subject descript1O he matter ving
approval or Comments and the rt3r a f final In text or by
Dev log date shall denial of the Ahearing date. ate in which
test• Pment, The be set b dministrative Ch to
appeal ony, The Public may atte Director of Permit, a
aft Period which attend Co
ter the hich sh decisiothe hear in mmunity
Section Directors all end sixteen n is sub•g and give
sixteenth8aay fI or decision x en (16) cale ct to an
is onna 'Week the followlndered Pursuant days
end or holidaykday if the
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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 thirty (30)
days after the passage and adoption.
SECTION 6. The City Clerk shall certify to the passage and
adoption of this Ordinance; shall enter the same in the book of
original ordinances of said city; shall make a minute of the
passage and adoption thereof in the records of the proceedings of
the City Council at which the same is passed and adopted; and
shall, within fifteen (15) days after the passage and adoption
thereof, cause the same to be published once in the Moorpark News,
a weekly newspaper of general circulation, as defined in Section
6008 of the Government Code, for the City of Moorpark, and which is
hereby designated for that purpose.
PASSED, APPROVED AND ADOPTED this 21st day of Sept. , 1994. �f4A
Paul W (aqPta w
Mayor
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MOORPARK
799 Moorpark Avenue Moorpark, California 93021
STATE OF CALIFORNIA )
COUNTY OF VENTURA, ) ss.
CITY OF MOORPARK )
L�A-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 213t 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 . 97nci�_ day of September
1994.
Lillian E. Hare
City Clerk
PAUL W. LAWRASON JR. PATRICK HUNTER SCOTT MONTGOMERY
Mayor Mayor Pro Tem
y Councilmember
BERNARDO M. PEREZ JOHN E. WOZNIAK
Councilmember Concilmember
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