HomeMy WebLinkAbout101-Staff Report.pdf SARATOGA CITY COUNCIL
MEETING DATE: September 2, 2009 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: Cynthia McCormick, AICP DIRECTOR: John Livingstone, AICP
SUBJECT: Consider approval of amendments to the Non-Conforming Uses and Structures
Ordinance that would, among other provisions, (1) Clarify procedures for repairs and alterations
of nonconforming uses and/or structures; (2) Require Planning Commission approval of “major”
repairs and alterations; (3) Apply different standards if the work to be performed on a
nonconforming structure is the result of voluntary destruction (tear down) as opposed to
involuntary destruction (caused by fire or other catastrophe); (4) Allow rebuilding a residential
structure in the CH zoning district if the project meets certain criteria; (5) Establish regulations for
properties annexed to the City; and (6) Conform the Non-Conforming Ordinance to City Code
Sections 15-19.060, 15-12.090 and 15-17.080.
RECOMMENDED ACTION:
Staff recommends the City Council open the public hearing, accept public testimony, close the
public hearing, introduce and waive the first reading of the Non-Conforming Uses and Structures
Ordinance (City Code Article 15-65) amendments, and direct staff to schedule the Ordinance for
adoption on the consent calendar at the next regularly scheduled City Council meeting.
BACKGROUND:
Two Study Sessions were held on April 21, 2009 and May 26, 2009 to discuss the Non-
Conforming Uses and Structures Ordinance. On July 8, 2009, the Planning Commission held a Public
Hearing and recommended that the City Council approve the attached Code amendments.
DISCUSSION
The overall goals for the Nonconforming Use and Structures Ordinance amendment are to update
and clarify outdated regulations, streamline administration by staff, and make the code more user-
friendly and understandable for the public. Among the central policy issues addressed by the
proposed amendment are the following:
1. Procedures for repairs and alterations of nonconforming structures and/or uses including a
standardized multiplier for quantifying limitations on such work.
2. Requirement of Planning Commission approval of major repairs and alterations (e.g., 20% to
50% of construction cost of entire structure).
3. Application of different standards if the work to be performed on a nonconforming structure is
the result of voluntary destruction (tear down) as opposed to involuntary destruction (caused
by fire or other catastrophe).
4. Allowance for rebuilding a residential structure in the CH zoning district (where mixed use is
required for residential projects) if the project meets certain criteria (e.g., the reconstruction
does not exceed the structure’s pre-damaged size and number of dwelling units).
5. Establishment of regulations for nonconforming uses and structures on property annexed to
the City.
6. Conformance of the Non-Conforming Uses and Structures Ordinance (Article 15-65) to
Sections 15-19.060, 15-12.090 and 15-17.080.
The table below outlines defining thresholds for maintenance, minor vs. major repairs and
alterations, voluntary vs. involuntary reconstruction, and applicable standards for such activities.
Type of
Work
Maintenance Minor Repairs
and Alterations
Major Repairs
and Alterations
Voluntary
Reconstruction
Involuntary
Reconstruction
Description Routine and
recurring work
for the
preservation and
protection of a
structure.
Repainting or
reroofing (in
kind) is an
example.
Work that is
estimated to result
in the expenditure
(cumulatively) of
20% or less of the
estimated
construction cost
of the entire
structure.
Work that is
estimated to result
in the expenditure
(cumulatively) of
greater than 20%
and not exceeding
50% of the
estimated
construction cost
of the entire
structure.
Reconstruction of
any
nonconforming
structure
exceeding 50% of
the construction
cost of the entire
structure.
Reconstruction of a
nonconforming structure
which is involuntarily
damaged not exceeding
75% of the construction
cost of the entire
structure.
Applicable
Standards
Routine
maintenance is
not subject to
cumulative
limits.
Allowed subject
to required
permits and
specified
standards.
Allowed subject
to Planning
Commission
review and
findings.
Reconstruction
exceeding 50% is
not permitted and
the structure must
conform to all
applicable
standards.
Permitted up to 100% of
its previous configuration
subject to Planning
Commission
determination that
reconstruction does not
result in a health and/or
safety hazard.
Under the proposed amendment, work would be counted cumulatively over time towards a
maximum of 50% of the estimated construction cost of the structure. For example, work in 2010
with an estimated construction cost of 20% followed by work in 2013 with an estimated
construction cost of 35% would not be permitted, as it would exceed the allowable maximum by
5% (20% + 35% = 55%). In the current City Code, construction value may be estimated through
the use of appraisers or other consultants while percentage limitations on reconstruction or
alteration of a nonconforming structure are determined by “floor area”. The proposed amendment
would use the Building Official’s current multiplier, a more quantifiable standard used in issuing
building permits. It avoids dueling appraisals and bidding differences by using “average” costs
based on typical construction methods depending on type of construction (e.g., new home vs.
garage).
ENVIRONMENTAL DETERMINATION:
The proposed amendments and additions to the Non-Conforming Use and Structures Ordinance
are Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to
Public Resources Code Sections 15061(b)(3) and 15308. CEQA applies only to projects which
have the potential of causing a significant effect on the environment. On July 8, 2009, the
Planning Commission found that the recommended amendments and additions would have no
significant impact on the environment.
FISCAL IMPACTS:
There are no additional costs to the City related to implementation of these amendments.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
City Code will continue to have ambiguous language regarding expansion, reconstruction,
modification, alteration, repair, and maintenance of non-conforming uses and structures making it
difficult for staff and the public to interpret the code; there will be no distinction between
voluntary and involuntary destruction; and the City will not have specific regulations for
properties annexed to the City or for rebuilding a residential structure in the CH zoning district.
Furthermore, the Non-Conforming Ordinance will be inconsistent with City Code Sections 15-
19.060, 15-12.090 and 15-17.080.
ALTERNATIVE ACTION:
Provide staff with alternative direction.
FOLLOW UP ACTION:
Schedule the ordinance for a second reading.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Notice of this meeting was properly posted and published in the Saratoga News on August 18,
2009.
ATTACHMENTS:
A. Summary of Changes
B. Proposed Ordinance