HomeMy WebLinkAboutAGENDA REPORT 1992 0916 CC REG ITEM 11ETO:
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Background
MOORPARk""L"E'
799 Moorpark Avenue
M E M O R
Moorpark, California 93021-,ARK, �F8R�,529 -6864
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The Honorable City Council
William Phelps, Director of Community Development �D ST
September 11, 1992 (CC Meeting of 9 -16 -92 ) V°`-
CONSIDER RESIDENTIAL OVERCROWDING RELATED ISSUES WP
The City Council has identified the enforcement of overcrowding
violations as a top priority. For the Council's information, staff
(including Planning, Code Enforcement, Police, City Attorney,
Building and Safety, and Administrative Services staff persons)
met several times over the last two weeks to discuss overcrowding
issues and enforcement problems. Some of the issues and
enforcement problems that staff discussed at these meetings are
identified below.
Discussion
Enforcing building code occupant load factors relative to number of
persons per square foot of residential dwelling area is difficult.
Supplemental local overcrowding regulations which have attempted to
exceed building code standards have not been upheld when challenged
in court. Proving that there are a certain number of persons
living in a home is difficult since one or more persons can
temporarily move out while an investigation is being conducted.
Therefore, it was the general consensus of staff that the City
could more effectively control overcrowding related conditions by
implementing tighter controls on parking, storage of trailers and
recreational vehicles, enforcing zoning and building code
requirements related to garage conversions and accessory
structures, and controlling nuisance noise.
To date, staff has not been able to effectively control off - street
parking of automobiles, trailers, and recreational vehicles,
because the Zoning and Municipal Code regulations are not adequate
to deal with these situations. There are some properties in the
downtown area which have multiple trailers and vehicles parked in
the front, side, and rear yard areas. Restricting off - street
dat- 09- 11- 92 13:50PmC :\WP51\STPRPT\X- 9 -16CC
PAUL W. LAWRASON JR. JOHN E. WOZNIAK SCOTT MONTGOMERY BERNARDO M. PEREZ ROY E. TALLEY JR.
Mayor Mayor Pro Tem
Councilmember Councilmember Councilmember
G'.- __
The Honorable City Council
September 11, 1992
Page 2
parking of vehicles to paved driveways, and controlling the number
of recreational vehicles and the areas where they can be parked in
side and rear yard setbacks are two means of minimizing
opportunities for overcrowding. Staff is continuing to investigate
appropriate ordinances regarding the regulation of off - street
parking.
Nuisance noise is also a problem in residential areas where there
is overcrowding. Currently, the City does not have any noise
ordinance. A draft noise ordinance has already been completed and
staff expects to be able to schedule that ordinance for City
Council consideration in October.
Illegal conversion of garages and accessory structures are
frequently found where there is an overcrowding situation. These
situations can be rectified based on current zoning and building
codes; however, they can require substantial time involvement by
Code Enforcement, Building and Safety, and possibly City Attorney
staff. As directed by the City Council on September 9, 1992, this
matter is the highest enforcement priority after the initial
investigation of any and all complaints.
Solving overcrowding related problems will involve a cooperative
effort. Already, Police as well as Fire Department personnel have
aided Code Enforcement in abating overcrowding situations by
identifying violations that were observed while conducting other
Police or Fire Department business. The City Attorney will be
preparing written instructions for Code Enforcement and Building
Safety regarding the proper procedures for obtaining investigation
warrants. Staff intends to continue cooperative enforcement
efforts and develop more appropriate ordinance provisions for
consideration by the City Council.
Recommendation
Direct staff as deemed appropriate.
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