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HomeMy WebLinkAboutAGENDA REPORT 1995 0607 CC REG ITEM 09CTO: FROM: DATE: AGENDA REPORT CITY OF MOORPARK The Honorable City Council Jaime Aguilera, Director of Community Paul Porter, Senior Planner ITLv ouncll tJOe c 199_5 Developm4�, T , May 18, 1995 (CC meeting of June 7, 1995) SUBJECT: CONSIDER REVISIONS TO ORDINANCE NO. 189 (ZONING ORDINANCE) REGARDING GARAGE CONVERSIONS WHICH OCCURRED PRIOR TO CITY INCORPORATTON 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. PP05:26:95112:17PMA: \7JUNS95.CC 1 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. 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 Code. 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 Code 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 recommendations. Discussion The Planning Commission recommended the following revisions to the Zoning Code: Section 8102 -0 (Definitions) of the Zoning Ordinance be amended to include the definition of Sleeping Quarters as follows: Sleeping Quarters - A space in 3 structure used for sleeping purposes. The addition of Section 8113 -5.2.6 as follows: Sec. 8113 -5.2.6 - Recrulatina Garage Conversions Which Occurred Prior to City Incorporation Garage conversions prior to the City's incorporation may be continued subject to the following provisions: a. The property owner satisfaction of the Development that the c to City incorporation b. The property owner converted garage will quarters, and -hat exists, that i± :shall shall prove to the Director of Community !onversion was done prior (July 1, 1983). shall agree that the not be used as sleeping if the use currently cease immediately. C. Prior to sale or transfer of the home, the converted garage shall be converted to its PP05:26:95112:17PMA:\7JUNS95.CC 2 original use or in some other manner comply with zoning and building requirements. d. The property owner shall enter into an agreement with the City not to use the converted garage area for sleeping quarters. e. If the garage is used for sleeping quarters after the property owner enters into an agreement with the City which shall be recorded, the property owner shall convert the structure back to its original use within four weeks of notification from the City of the violation or in some other manner comply with zoning and building requirements. The Director of Community Development may extend the time period if it can be demonstrated there is not sufficient time to obtain building permik.s. (Note: section numbers differ between the staff report and the attached resolution due to the fact, that the Zoning Ordinance has been codified since the planning commission took its action). 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. Report Status The City council discussed this item at the meeting of March 1. 1995. The Council created an ad hoc committee (Perez \Wozniak) to review the proposal and to make recommendations for changes to the report. The committee met on 5/10/95 and recommended that the proposed ordinance amendment be changed to allow all garage conversions which occurred prior to City incorporation be "grandfathered" as legal conforming ases. 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 spent 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. PP05:26:95112:17PMA :\7JUN&95.CC 3 The committee met on 5/10/95 and recommended that the proposed ordinance amendment be changed to allow all garage conversions which occurred prior to City incorporation be "grandfathered" as legal conforming uses. Staff has therefore changed the proposed ordinance to reflect the changes proposed by the committee. The ordinance which was originally reviewed by the City Council is similar to the wording found in the body of this staff report, the new proposed ordinance is attached. 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. Attachment: 1. Draft Ordinance PP05:26:95112:17PMA:\7JUNS95.CC 4