HomeMy WebLinkAboutAGENDA REPORT 1993 0519 CC REG ITEM 11D ITEM //' D.
AGENDA REPORT
City of Moorpark
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- 1993
TO: The Honorable City Council Ti v. 7/'ce.4- - yy5
FROM: Jim R. Aguilera, Director of Community Development/Y E z11'c /
DATE: May 13, 1993 (CC meeting of 5/19/93)
SUBJECT: CONSIDER RESOLUTION 93- TO DIRECT THE PLANNING
COMMISSION TO CONDUCT PUBLIC HEARINGS REGARDING ZONING
ORDINANCE SECTION 8107-1.7 & CONSIDER APPROVING AN
EMERGENCY ORDINANCE TO TEMPORARILY PROHIBIT CONSTRUCTION
OF SECOND DWELLING UNITS IN RESIDENTIAL ZONES.
Background:
Recently, some members of the City Council became concerned about a project under
construction at 113 3rd Street. The concern related to the fact that the site would contain
two dwelling units - although it is zoned R-1. Staff informed the Council that the zoning
ordinance did allow this type of development (see attached). Subsequently, there was a
concern expressed about how this type of development would impact single family
neighborhoods.
This type of regulation came about as a response to Section 65852.1 of the Government
Code (see attached). The City, however, went far beyond the bounds of this regulation
and allowed, by right, second units with virtually no standards.
Staff has recently received a request for a zoning clearance for another second unit (a
mobile home) by an absentee owner for property located at 450 Charles Street. The
zoning clearance was denied on architectural compatibility issues. Other inquiries have
also been received within the past two months.
Analysis:
Staff shares the concern expressed by members of the Council relative to the negative
impact of allowing second dwelling units within single family neighborhoods. Staff is
concerned that the liberal nature of the zoning ordinance requirements have essentially
created a "duplex" zone out of what should be a single-family residential zone.
Notwithstanding the need to provide affordable housing and the need to comply with State
The Honorable City Council
May 13, 1993
Page -2-
Notwithstanding the need to provide affordable housing and the need to comply with State
law, the City has a higher obligation; to protect existing single-family neighborhoods and
preserve the type of lifestyle they are accustomed to.
Staff has reviewed other city's "granny flat" ordinance and has come to the conclusion that
our ordinance should be amended to include some or all of the following criteria:
SECOND DWELLING UNITS/"GRANNY" HOUSING - The creation of a
second unit dwelling on lots containing one (1) existing single family unit shall
be subject tot the following requirements:
a. The lot on which a second dwelling unit is to be constructed shall
contain an existing residential dwelling which is owner occupied.
b. The second dwelling unit may be attached to the existing owner
occupied residential dwelling.
c. Minimum yard setbacks from the property lines shall be the same
as the base zone for the principal residential structure.
Architectural standards of the second dwelling unit shall conform
to the existing owner occupied residential dwelling (such as siding
and grading). The roof materials shall be equal to or better than
that used in the existing owner occupied residential dwelling.
e. A Planning Commission Conditional Use Permit shall be required
for all second dwelling units.
f Maximum size of the second unit shall not exceed 30% of the
existing residential area floor space, if attached, and not exceed
700 square feet, if detached.
g. Units hereunder shall be occupied by not more that two persons
who may either be sixty two (62)years of age or older, or disabled.
Recommendation:
Approve Resolution No. 93-_directing the Planning Commission to consider amending
Section 8107-1.7 of the Moorpark Zoning Ordinance in order to include the
aforementioned criteria and to include these changes as a part of the overall amendment
to the zoning ordinance currently being processed per the City Council's direction. Further,
staff recommends that the City Council consider enacting an emergency ordinance per
The Honorable City Council
May 13, 1993
Page -3-
Government code Section 65858 to protect the public safety,health and welfare prohibiting
second dwelling units in order to allow the Planning Commission, staff, and the City
Council time to consider a study of the aforementioned zoning ordinance section.
Attachment No. 1: Resolution
a:council\2nddu.