Loading...
HomeMy WebLinkAboutAGENDA REPORT 1994 1207 CC REG ITEM 11NMEMORANDUM TO: The Honorable City Council FROM: Jaime Aguilera, Director of Community Paul Porter, Senior Planner ITEM 11. N. F,CTION; X2.1 1. ny Developme'f 'J DATE: November 10, 1994 (CC meeting of December 7, 1994) SUBJECT: CONSIDER A RESOLUTION TO DIRECT THE PLANNING CONKISSION TO PROVIDE A RECOMMENDATION TO THE CITY COUNCIL REGARDING THE REGULATION OF GARAGE CONVERSIONS WHICH OCCURRED PRIOR TO CITY INCORPORATION Background From time to time the Department of Community Development is made aware of cases where garages were converted to living areas without the replacement of required parking prior to the City's incorporation. On June 21 and October 3, 1994, the Community Development Committee considered this subject and considered a policy regarding the regulation of garages that were converted to living quarters prior to the incorporation of the City. The committee indicated that establishing a policy will reduce code enforcement time and treat homeowners equitably and fairly. The Committee recommended that this matter be placed on the Council's agenda in order to have the Council direct the Planning Commission to set the matter for public hearing for an amendment to the City's Zoning Ordinance. The Committee agreed that an Ordinance amendment should also include the following provisions: a. That the property owner prove to the satisfaction of the Community Development Director that the conversion was done prior to City incorporation. (This can be done by submitting dated photographs, affidavits from neighbors, receipts for contractor's work, etc.) b. That the property owner agree that the converted garage will not be used as sleeping quarters (i.e. playroom, den, exercise room, etc.), and that if the use as sleeping quarters currently exists, that it will cease immediately. C. That the property owner pay for the cost to record a cloud on the title requiring the conversion back to a garage prior to sale or transfer of the property. PP11:10:94110:38amA: \7DEC94.CC I 00156 d. That the property owner shall enter into an agreement with the City not to use the converted garage area for sleeping quarters. e. That if the garage is used for sleeping quarters after the property owner enters into an agreement with the City, the property owner must convert the structure back to the garage immediately. Discussion Staff is of the opinion that if the City's Zoning Ordinance is amended, it should consist of the components as recommended by the Community Development Committee. Should the Council decide to amend the Ordinance in order to regulate garage conversions, staff will request that the City Attorney draft an agreement form to be signed by affected property owners which would include the following provisions: 1. Property owner would agree that the converted garage will not be used as sleeping quarters, and that if the use as sleeping quarters currently exists, that it will cease immediately. 2. Prior to sale or transfer of the home, the property owner will stipulate that the converted garage shall be converted back to a garage. 3. If the garage is used for sleeping quarters after the property owner enters into an agreement with the City, the property owner must convert the structure back to a garage immediately. During the course of the Code Enforcement investigation, it is possible that the property owner will submit proof in the form of Building Permits or Zoning Clearances issued by the County. In such a case the matter would be resolved by a finding that the use was "legal non - conforming" and would therefore exist without any further involvement by the City as long as the requirements of the Zoning Ordinance regarding "legal non - conforming" uses were adhered to. Staff also recommends that the property owner be required to pay an inspection fee to the Building Department for the purpose of having an inspector assure that no building code violations exist in the converted garage. If the inspector finds code violations, the property owner will be required to abate them within a reasonable period of time to be established by the Director of Community Development. PP11:10:94110:38amA: \7DEC94.CC 2 00 5'7 Options At least two other options are available: a) ignore the existence of converted garages and just maintain a log of their existence and monitor their use; or b) require that they comply to existing regulations through conversion back to a garage or through the construction of new garage space (assuming this would meet all other zoning and building requirements). Fiscal Impact This is a non - revenue - generating effort on the part of staff. It was listed in the goals and objectives as a non - starred item. Staff estimates that 50 person hours will be required to complete the task ($3,950.00). Recommendation: Adopt the attached Resolution directing the Planning Commission to study, hold a public hearing, and recommend to the City Council modifications to the City's Zoning Ordinance regarding this matter. Attachment: Draft Resolution PP11.10:94110:38amA :\7DHC94.CC 3 00IL 58