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SARATOGA CITY COUNCIL
MEETING DATE: September 16, 2009 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: Cynthia McCormick, AICP DIRECTOR: John F. Livingstone, AICP
SUBJECT: Adoption of Ordinance Amending the Zoning Regulations related to City Code
Article 15-65 (Non-Conforming Uses and Structures) and City Code Sections 15-
19.060, 15-12.090 and 15-17.080. (CONSENT ITEM)
RECOMMENDED ACTION:
Staff recommends the Council waive the Second Reading and adopt the Ordinance amending the
Zoning Regulations related to City Code Article 15-65 (Non-Conforming Uses and Structures)
and City Code Sections 15-19.060, 15-12.090 and 15-17.080.
REPORT SUMMARY:
On September 2, 2009, the City Council conducted a public hearing and introduced and approved
the ordinance and directed staff to place the matter on the consent calendar at the next Council
meeting.
The proposed ordinance is attached. 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.
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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:
This ordinance or a comprehensive summary thereof shall be published in a newspaper of general
circulation of the City of Saratoga within 15 days after its adoption.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Notice of this meeting was properly posted.
ATTACHMENTS:
1. Proposed Ordinance amending the Zoning Regulations related to City Code Article 15-65
(Non-Conforming Uses and Structures) and City Code Sections 15-19.060, 15-12.090 and
15-17.080.