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HomeMy WebLinkAboutAGENDA REPORT 1993 0519 CC REG ITEM 11D ITEM //' D. AGENDA REPORT City of Moorpark � it Mec.... - 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.