HomeMy WebLinkAboutAGENDA REPORT 1995 0301 CC REG ITEM 09AITEV9A.
MEMORANDUM
TO: The Honorable City Council
4 9t C.
FROM: Jaime Aguilera, Director of Community Developme
Paul Porter, Senior Planner
DATE: February 15, 1995 (CC meeting of March 1, 1995)
SUBJECT: CONSIDER REVISIONS TO ORDINANCE NO. 189 (ZONING
ORDINANCE) REGARDING 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.
d. That the property owner shall enter into an agreement
with the City not to use the converted garage area for
sleeping quarters.
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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.
On December 7, 1994, the City Council directed the Planning
Commission to set the matter for public hearing for an amendment to
the City's Zoning Ordinance.
At the Planning Commission meeting on January 23, 1995 regarding
"Garage Conversions, the Planning Commission held a public hearing
on this matter and directed staff to make changes to the proposed
Ordinance Amendments and bring the Resolution back to the Planning
Commission at their regularly scheduled meeting on February 13,
1995. The attached Resolution incorporates the Planning
Commission's recommended changes.
Discussion
The Planning Commission recommended the following revisions to the
Zoning Ordinance:
Section 8102 -0 (Definitions) of the Zoning Ordinance be amended to
include the definition of Sleeping Quarters as follows:
The addition of Section 8113 -5.2.6 as follows:
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On January 24, 1995, staff requested that the City Attorney review
the draft Ordinance. The City Attorney's comments have been
incorporated into the attached Ordinance.
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 estimated that 50 person hours would be required to complete
the task. As of the writing of this report, the project planner
and other chargeable staff has spend a total of 25.5 hours
($2,014.5) on this project. This project is approximately 80%
complete. Staff estimates that the total cost of processing this
Ordinance amendment including the cost to codify the ordinance to
be approximately $3,000.00.
Recommendations:
1. Open the public hearing, accept public testimony, and close
the public hearing.
2. Determine that the modifications to the City's Zoning
Ordinance are categorically exempt pursuant to State CEQA
Guidelines Section 15061 (b) (3).
3. Introduce the Ordinance for first reading.
Attachments: 1. Draft Ordinance
2. Planning Commission Resolution
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ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, AMENDING ORDINANCE NO. 189 PERTAINING TO:
GARAGE CONVERSIONS WHICH OCCURRED PRIOR TO CITY
INCORPORATION
Whereas, on January 23, 1995, the Planning Commission
studied, held a public hearing, and recommended the City Council
make the modifications described in Section 3 to the City's Zoning
Ordinance in order to clarify certain sections of the Ordinance and
to better fit the needs of the City; and
Whereas, the City Counci-l. opened and closed the public
hearing on March 1, 1995; and
Whereas, the City Council determined that the
modifications to the City's Zoning Ordinance is categorically
exempt pursuant to State CEQA Guidelines Section 15061 (b) (3) in
that the proposed amendments to the Zoning Ordinance does not have
the potential for causing a significant effect on the environment;
and
Whereas, requested changes to the Zoning Ordinance as
directed by the City Council have been made to the Ordinance.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOORPARK,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. That the modifications to the City's Zoning
Ordinance are categorically exempt pursuant to State CEQA
Guidelines Section 15061 (b) (3).
SECTION 2. That the Current Zoning Ordinance No. 189 is hereby
amended as found in Section 3.
SECTION 3. Sections 8102 and 8113 -5 et seq. are amended to read as
follows:
Sec. 8102 -0 - APPLICATION OF DEFINITIONS- Unless the provision or
context otherwise requires, the definitions of words and terms as
follows shall govern the construction of this Chapter.
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"Sec. 8113 -5 - OTHER NONCONFORMING USES (NO LONGER PERMITTED) - All
nonconforming uses which are no longer permitted in the zone in
which they are located shall be regulated according to the
following provisions:
Sec. 8113 -5.1 - Uses Not Involving Permanent Structures - The
nonconforming use of land where no permanent structure is
involved shall be terminated not later than three years after
such use becomes nonconforming.
Sec. 8113 -5.2- Uses Within Structures Subject to Amortization
- All nonconforming commercial or industrial uses in
Residential (R), Open Space or Agricultural zones, within
conforming or nonconforming structures, shall be amortized
from the effective date of this Chapter or a later amendment
which renders the use nonconforming, based on the square
footage of the structure at the time the use is rendered
nonconforming, as follows: Ten years for 1,000 square feet,
plus 1.25 years for each additional 100 square feet over 1,000
square feet; maximum 60 years. At the end of the amortization
period, the use shall be brought into conformance with this
Chapter or terminated, unless a continuance is obtained
pursuant to Section 8113 - 5.2.17.
Sec. 8113 -5.2.1 - Expansion and Change of Use Prohibited
- Nonconforming uses under Sec. 8113 -5.2 above shall not
be changed to another use or be expanded or extended in
any way on the same or any adjoining land nor into any
other portion of a structure or lot during the
amortization period, except that structural alterations
may be made therein as required by law. Furthermore,
such nonconforming uses shall not be expanded or extended
beyond the scope of specific conditions to a continuance
of nonconformity granted pursuant to Sec. 8113 -5.2.5 of
this Article, and subsequent to the period of
amortization.
Sec. 8113 -5.2.2 - Discontinuance or Change of Use Status
-The discontinuance for a period of 180 or more days of
a nonconforming use or a change of nonconforming use to
a conforming use constitutes abandonment and termination
of the nonconforming status of the use.
Sec. 8113 -5.2.3 - Notice of Amortization - The Director
of Community Development shall give notice by certified
mail of the date upon which an amortization period will
end to each owner of record whose property, or use of
property, is not in conformance with the regulations of
this Chapter, in those :instances where the Director of
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Community Development has knowledge of such
nonconformity. Such notice shall be sent in a timely
manner. If the amortization period ends before or less
than six months after such knowledge of the
nonconformity, notice shall be given that the
amortization period in each instance shall be not less
than six months from the date the notice is sent. The
notice shall set forth all pertinent provisions of this
Article, including the declared purposes thereof. Failure
to send notice by mail to any such owner where the
address of such owner is not a matter of public record
shall not invalidate any proceedings under this Article.
Sec. 8113- 5.2.4- Notice of Termination and Order to Comply
- Notice of Termination of a nonconforming use and order
to comply shall be served by the Director of Community
Development at the end of the amortization period upon
the owner of record whose property contains such
nonconforming use. In those instances where the Director
of Community Development is unable with reasonable effort
to serve such notice to the property owner, such notice
and order shall be served within 30 days of the end of
the amortization period by delivering same to an occupant
of the structure containing the nonconforming use.
Sec. 8113 -5.2.5 - Request for a Continuance of Non -
conformities Beyond Period of Amortization - A request
for a continuance of non - conformities beyond the period
of amortization may be granted as follows:
a. Grounds for Continuance - A nonconforming use
or structure may be maintained for a
reasonable time beyond its period of
amortization as specified in this Article if
the Director of Community Development makes
the following determinations:
(1) Special Circumstances - that special
circumstances apply to any such use
or structure which do not apply
generally to others affected hereby;
and
(2) Compatibility with Public Welfare
that such a continuance for a
prescribed period of additional time
is in the public interest and will
be reasonably compatible with and
not detrimental to the use of
adjacent properties.
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b. Application Process for Continuance - Any
application for a continuance of a
nonconforming use or structure must be filed
with the Planning Division no later than 30
days following the service of a Notice of
Termination and order to comply, or within 30
days following the continued termination date.
An application for a continuance may be filed
by the owner of the property, a person with a
power of attorney from the owner of the
property, or a lessee, if the terms of the
lease permit the existing use. Fees shall be
required in accordance with Section 8111 -3.9.
C. Determination by Director of Community
Development - Upon filing of a complete
application, the Director of Community
Development shall investigate the matter, give
proper notice, hold an administrative hearing
and make a decision thereon based on the
criteria set out in this Section and supported
by written findings of fact within 75 days
from the date the application is filed, or
within such extended period of time as may be
mutually agreed upon by the applicant and the
Director of Community Development. The
Director of Community Development may impose
such conditions, including time limitations,
as he or she deems necessary for the
compatibility of such nonconformity with
adjacent properties.
d. Appeals shall be filed in accordance with
Section 8111 -8.1.
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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.
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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 day of , 1995.
Paul W. Lawrason, Jr.
Mayor
ATTEST:
Lillian E. Hare
City Clerk
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RESOLUTION NO. PC -95-
A RESOLUTION OF THE PLAWING COMMISSION OF THE
CITY OF MOORPARK, CALIFORNIA MAKING A
RECOMMENDATION TO THE CITY COUNCIL PERTAINING
TO PROPOSED CHANGES TO THE CITY'S ZONING
ORDINANCE REIAMD TO THE REGULATION OF GARAGE
CONVERSIONS WHICH OCCURRED PRIOR TO CITY
INCORPORATION
Whereas, the Council adopted Ordinance No 189 as the
City's Zoning Regulations on March 2, 1994; and
Whereas, in using the Ordinance, staff has noted that
there has been a need to make several minor modifications in order
to clarify certain sections of the Ordinance and to better fit the
needs of the City; and
Whereas, on December 14, 1994, the City Council directed
the Planning Commission to study, set a public hearing and provide
a recommendation to the City Council pertaining to modification to
the City's Zoning Ordinance; and
Whereas, at a duly noticed hearing on January 23, 1995,
the Planning Commission held a public hearing on this matter; and
Whereas, the Planning Commission determined that the
modifications to the City's Zoning Ordinance is categorically
exempt pursuant to State CEQA Guidelines pursuant to Section 15061
(b) (3) in that the proposed amendments to the Zoning Ordinance
does not have the potential for causing a significant effect on the
environment.
NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF
MOORPARK, CALIFORNIA, DOES RESOLVE AS FOLLOWS:
SECTION 1. On January 23, 1995, the Planning Commission
studied, held a public hearing, and recommended the City Council
make the modifications described in Section 3 to the City's Zoning
Ordinance in order to clarify certain sections of the Ordinance and
to better fit the needs of the City.
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ATTACHMENT 2 00 t
SECTION 2. That the Planning Commission finds:
That the modifications to the City's Zoning Ordinance is
categorically exempt pursuant to State CEQA Guidelines pursuant to
Section 15061 (b) (3) in that the proposed amendments to the Zoning
Ordinance does not have the potential for causing a significant
effect on the environment.
SECTION 3. Section 8102 and 8113 -5 et seq. is amended to
read as follows:
Sec. 8102 -0 - APPLICATION OF DEFINITIONS- Unless the provision or
context otherwise requires, the definitions of words and terms as
follows shall govern the construction of this Chapter.
"Sec. 8113 -5 - OTHER NONCONFORMING USES (NO LONGER PERMITTED) - All
nonconforming uses which are no longer permitted in the zone in
which they are located shall be regulated according to the
following provisions:
Sec. 8113 -5.1 - Uses Not Involving Permanent Structures - The
nonconforming use of land where no permanent structure is
involved shall be terminated not later than three years after
such use becomes nonconforming.
Sec. 8113 -5.2- Uses Within Structures Subject to Amortization
- All nonconforming commercial or industrial uses in
Residential (R), Open Space or Agricultural zones, within
conforming or nonconforming structures, shall be amortized
from the effective date of this Chapter or a later amendment
which renders the use nonconforming, based on the square
footage of the structure at the time the use is rendered
nonconforming, as follows: Ten years for 1,000 square feet,
plus 1.25 years for each additional 100 square feet over 1,000
square feet; maximum 60 years. At the end of the amortization
period, the use shall be brought into conformance with this
Chapter or terminated, unless a continuance is obtained
pursuant to Section 8113 - 5.2.5, .
Sec. 8113 -5.2.1 - Expansion and Change of Use Prohibited
- Nonconforming uses under Sec. 8113 -5.2 above shall not
be changed to another use or be expanded or extended in
any way on the same or any adjoining land nor into any
other portion of a structure or lot during the
amortization period, except that structural alterations
may be made therein as required by law. Furthermore,
such nonconforming uses shall not be expanded or extended
beyond the scope of spec ifi,:� conditions to a continuance
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0005.2
this Article, and subsequent to the period of
amortization.
Sec. 8113 -5.2.2 - Discontinuance or Change of Use Status
-The discontinuance for a period of 180 or more days of
• nonconforming use or a change of nonconforming use to
• conforming use constitutes abandonment and termination
of the nonconforming status of the use.
Sec. 8113 -5.2.3 - Notice of Amortization - The Director
of Community Development shall give notice by certified
mail of the date upon which an amortization period will
end to each owner of record whose property, or use of
property, is not in conformance with the regulations of
this Chapter, in those instances where the Director of
Community Development has knowledge of such
nonconformity. Such notice shall be sent in a timely
manner. If the amortization period ends before or less
than six months after such knowledge of the
nonconformity, notice shall be given that the
amortization period in each instance shall be not less
than six months from the date the notice is sent. The
notice shall set forth all pertinent provisions of this
Article, including the declared purposes thereof. Failure
to send notice by mail to any such owner where the
address of such owner is not a matter of public record
shall not invalidate any proceedings under this Article.
Sec. 8113 - 5.2.4- Notice of Termination and Order to Comply
- Notice of Termination of a nonconforming use and order
to comply shall be served by the Director of Community
Development at the end of the amortization period upon
the owner of record whose property contains such
nonconforming use. In those instances where the Director
of Community Development is unable with reasonable effort
to serve such notice to the property owner, such notice
and order shall be served within 30 days of the end of
the amortization period by delivering same to an occupant
of the structure containing the nonconforming use.
Sec. 8113 -5.2.5 - Request for a Continuance of Non
conformities Beyond Period of Amortization - A request
for a continuance of non - conformities beyond the period
of amortization may be granted as follows:
a. Grounds for Continuance - A nonconforming use
or structure may be maintained for a
reasonable time beyond its period of
amortization as specified in this Article if
the Director Of Community Development makes
the following determinations:
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PASSED, APPROVED, AND ADOPTED THIS 13TH DAY OF FEBRUARY, 1995.
AYES: Commissioners Miller, for es, Mav and Acosta, Martens absent.
NOES:
ATTEST:
Celia LaFleur, Secretary
C-
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