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HomeMy WebLinkAbout1994/08/16 Item 11 COUNCIL AGENDA STATEMENT Item \ \ Meeting Date 8/16/94 ITEM TITLE: Public Hearing: PCA-94-04 - Consideration of amendments to Chapter 19.64 of the Municipal Code to allow the replacement of damaged condominiums which are nonconforming with respect to density - City initiated SUBMITTED BY: Ordinance~Amending Section 19.64.150 to the Chula Vista Municipal Code and adding Section 19.64.155 to allow the replacement of damaged condominiums which are nonconforming with respect to density Director of Planning ':;r( /U~ L- City Manager h f' ,(\, (4/5ths Vote: Yes_NoX) ~cl\ REVIEWED BY: An issue arose recently wherein potential buyers of an individual condominium unit could not obtain financing because the project within which the unit is located is nonconforming with respect to present density limitations and, therefore, the same number of units could not be rebuilt if the project was more than 60% destroyed per Section 19.64.150 of the Municipal Code (see Exhibit A). Staff believes this is a problem unique to condominiums which should be addressed by amending the Code to allow replacement in such cases. The Environmental Review Coordinator has determined that this zoning text amendment is exempt from environmental review under CEQA as a Class 2 exemption - replacement or reconstruction of existing structures or facilities. RECOMMENDATION: That Council adopt the ordinance amending Section 19.64.150 and adding Section 19.64.155 to the Municipal Code to allow the replacement of damaged condominiums which are nonconforming with respect to density. BOARDS/COMMISSIONS RECOMMENDATION: On July 27, 1994, the Planning Commission voted 6-0 to recommend that Council adopt the amendments in accordance with Resolution PCA-94-04. DISCUSSION: The Nonconforming Uses Section of the Municipal Code prohibits the reconstruction of any nonconforming building damaged more than sixty percent of its value (see Exhibit "A"). Staff was advised that buyers for the condominium unit noted above were unable to obtain financing since the reconstruction of the unit could not be guaranteed. Numerous lenders had apparently been approached, but once the nonconforming status was disclosed, they were unwilling to provide financing for the sale. As a result, sales were lost to two separate parties which had been interested in purchasing the property. Condominium projects appear to present a unique situation with respect to nonconforming use restrictions. Normally, when a multiple-family residential area is rezoned to a lower density, nonconforming apartment units (those in excess of the permitted number) may not be rebuilt if destroyed, although the sole property owner (whether that be an individual, partnership, or corporation) retains the ability to reconstruct the number of units permitted under the new zone. In the case of the destruction of a nonconforming condominium project, one or more of the individual property owners could potentially /1- I Page 2, Item \ \ Meeting Date 8/16/94 lose their individual dwelling unit, with their only remaining interest being in air space and the project's common areas. Staff has surveyed various other cities regarding their regulations pertaining to the reconstruction of damaged or destroyed nonconforming residential structures. The majority of the cities surveyed allow for the rebuilding of such structures as a matter of right. The intent of the Nonconforming Use regulations is to eliminate nonconforming uses as soon as it is "economically feasible and equitable to do so" (19.64.010). The issue at hand, therefore, is whether or not it is equitable to deprive a property owner of all but air space, which is what the current Nonconforming Uses regulations could do in the instance of the destruction of a nonconforming condominium. Staff has concluded that this is not equitable or desirable. As a result, staff believes it is appropriate to amend the Code to permit the reconstruction of residential condominium units damaged more than sixty percent of their value. The proposed amendment to Section 19.64.150 and addition of Section 19.64.155 as reflected in the ordinance are shown in Exhibit" A". There are nineteen properties within the City which are developed with condominiums that exceed the density currently permitted. These areas are a result of General Plan or rezoning action which has reduced density allowances after units were constructed. Four of these properties exceed the density permitted by current zoning, while fifteen exceed the General Plan density (these are within the Zoning/General Plan Consistency Study areas). The nineteen properties contain a total of 375 condominium units, of which only 216 could be rebuilt under the current restrictions on nonconforming uses. Therefore, some 159 property owners are potentially affected by the amendment. Both the Sweetwater Union High School District and the Chula Vista Elementary School District have indicated potential concerns regarding the rebuilding of units within the General Plan/Zoning Consistency study areas at densities higher than those currently permitted by the General Plan, and the impact this may have on schools. After discussions with both Districts, and in response to these concerns, language has been included which would require property owners requesting rebuilding of affected units to participate in any programs to mitigate school impacts as approved by the City which may be in effect at the time of reconstruction. Both Districts have since indicated that they are satisfied with the final draft wording. FISCAL IMPACT: Not Applicable Attachments Exhibit "A" {City Council ordinance \'-J Planning Commission Resolution PCA-94-04 ~ Planning Commission minutes (7/27/94) II.~ ORDINANCE NO. ~5?r AN ORDINANCE OF THE CITY OF CHULA VISTA CITY COUNCIL AMENDING SECTION 19.64.150 OF THE CHULA VISTA MUNICIPAL CODE AND ADDING SECTION 19.64.155 TO MODIFY THE NONCONFORMING USES REGULATIONS PERTAINING TO THE REPLACEMENT OF RESIDENTIAL CONDOMINIUMS WHEREAS, a duly verified application for an amendment to the Municipal Code was filed with the City of Chula Vista on May 9, 1994 by the City of Chula Vista; and, WHEREAS, said application requests approval of an amendment to the Municipal Code to allow the reconstruction of residential condominium units more than 60% damaged which are nonconforming with respect to density; and, WHEREAS, the Environmental Review Coordinator determined that the proposed amendments are exempt from environmental review as a Class 2 exemption, replacement or reconstruction of existing structures or facilities; and, WHEREAS, on July 27, 1994, the Planning Commission voted 6-0 to adopt Resolution No. PCA-94-04 and thereby recommend that the City Council enact the proposed amendments to the Municipal Code; and, WHEREAS, the City Clerk set the time and place for a hearing on said application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely August 16, 1994 at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed. NOW, THEREFORE, the City Council of the City of Chula Vista does hereby find, determine, and ordain as follows: SECTION I: That the public necessity, convenience, general welfare, and good zoning practice justifies the amendment and that the amendment is consistent with the City of Chula Vista General Plan. J/~J SECTION II: SECTION III: SECTION IV: Presented by That Section 19.64.150 is amended to read as follows: Section 19.64.150 Damaged or Destroyed Uses - Replacement Restrictions Any nonconforming building damaged more than sixty percent of its value, as established by the director of building and housing inspection, at the time of damage by fire, flood, explosion" wind, earthquake, war, riot, or other calamity or act of God, shall not be restored or reconstructed and used as before such happening except as provided in Section 19.64.155; but if less than sixty percent damaged, it may be restored, reconstructed or used as before, provided that such be initiated within six months and be substantially completed within twelve months of such happening. That Section 19.64.155 is added as follows: Section 19.64.155 Condominium Units Permitted Replacement Anv residential condominium unit which is nonconforminl! with respect to density shall be allowed to be reconstructed in the event of destruction of l!feater than sixty percent of the prooertv's imorovement as defined in Section 19.64.150. orovided that such be initiated within six months and be substantially comoleted within twelve months of such haooeninl!. Said reconstruction shall meet all aoolicable code reouirements in place at the time of reconstruction and. with resoect to any increase in area. the owner shall comolv with any aoorooriate financial or other mechanism soonsored bv the Chula Vista Elementarv School District and the Sweetwater Union Hil!h School District. as mav be aooroved bv the Citv. to mitil!ate impacts to school facilities. This Ordinance shall take effect and be in full force and effect on the thirtieth day from and after its adoption. 11.( Robert A. Leiter Director of Planning Bruce M. City Atto EXHIBIT n A n Section 19.64.150 Damaged or Destroyed Uses - Replacement Restrictions Any nonconforming building damaged more than sixty percent of its value, as established by the director of building and housing inspection, at the time of damage by fire, flood, explosion" wind, earthquake, war, riot, or other calamity or act of God, shall not be restored or reconstructed and used as before such happening exceot as orovided in Section 19.64.155; but if less than sixty percent damaged, it may be restored, reconstructed or used as before, provided that such be initiated within six months and be substantially completed within twelve months of such happening. Section 19.64.155 Condominium Units - Replacement Permitted Anv residential condominium unit which is nonconformiDl! with resoect to density shall be allowed to be reconstructed in the event of destruction of I!l"eater than sixty percent of the orooertv's imorovement as defined in Section 19.64.150. orovided that such be initiated within six months and be substantially comoleted within twelve months of such haooenine. Said reconstruction shall meet all code requirements in place at the time of reconstruction and. with resoect to anv increase in area. the owner shall comolv with any aoorooriate financial or other mechanism soonsored bv the Chula Vista Elementarv School District and the Sweetwater Union Hieh School District. as may be aooroved bv the Citv. to mitieate imoacts to school facilities. 1/-.5' RESOLUTION NO. PCA-94-04 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING TO THE CITY COUNCIL THE ADOPTION OF AN AMENDMENT TO SECTION 19.64.150 OF THE CHULA VISTA MUNICIPAL CODE AND THE ADDITION OF SECTION 19.64.155 PERTAINING TO THE REPLACEMENT OF NONCONFORMING RESIDENTIAL CONDOMINIUMS WHEREAS, a duly verified application for a Municipal Code text amendment was f1led with the Planning Department of the City of Chula Vista on May 9, 1994 by the City of Chula Vista; and WHEREAS, said application requests approval of an amendment to the Municipal Code to allow the reconstruction of residential condominium units more than 60% damaged which are nonconforming with respect to density; and WHEREAS, the Environmental Review Coordinator has determined that the proposal is a Class 2 exemption from environmental review under CEQA, replacement or reconstruction of existing structures or facilities, and WHEREAS, the Planning Director set the time and place for a hearing on said proposed amendment and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city at least 10 days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely July 27, 1994 at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed, and NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION, based on the facts presented at the hearing, recommends that the City Council adopt the attached draft ordinance amending Sections 19.64.150 and adding Section 19.64.155 of the Municipal Code based on the fmdings contained therein. That a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 27th day of July 1994 by the following vote, to-wit: AYES: NOES: ABSENT: Commissioners Fuller, Moot, Ray, Salas, Tarantino, and Tuchscher None Commissioner Martin (with notification) ~v~) William C. Tuchscher II, Chairman ~f2' ~ancy pley, ~ry II'" UNO~iF~~Q :c, ". ! .. ~ -_ .....6iJ..\.l'- ~ PC Minutes -4- July 27, 1994 EXCERPT FROM PLANNING COMMISSION MINUTES OF 7/27/94 ITEM 5: PUBLIC HEARING: PCA-94-04: CONSIDERATION OF AMENDMENTS TO SECTION 19.64 OF THE MUNICIPAL CODE TO ALLOW THE REPLACEMENT OF DAMAGED CONDOMINIUMS WHICH ARE NONCONFORMING WITH RESPECT TO DENSITY - City Initiated Principal Planner Griffin presented the staff report noting that this issue arose when potential buyers of a condominium unit were unable to obtain fmancing because the condo project within which the unit was located exceeded the present density that would be allowed by the City zoning regulations. Staff recommended that condominiums be exempted from the provision in the Code which would prohibit reconstruction if the condominium project were destroyed, since the owners of the condominiums were individually owned with the structures attached rather than one owner of an entire complex. Commissioner Moot asked if a specific incident prompted this action. Mr. Griffin stated an owner of a condominium unit trying to sell approached staff when buyers were unable to obtain financing. Assistant Planning Director Lee noted that the proposal was very consistent with what other agencies in the County allowed, and also the present authority was given to the Planning Commission as to whether a condominium could be rebuilt if destroyed. The proposed amendment would provide certainty that it could be rebuilt. Mr. Lee did not believe this type of issue would be frequent, but gave a comfort level to lending institutions. Commissioner Ray asked if it was in the norm within the state or nationally. Mr. Lee confirmed that it was for the County--staff had not checked further. Chair Tuchscher noted that insurance companies would most likely be reluctant to insure properties whereby if there was a fire the property could not be replaced. The building would have to be insured as to what it was entitled to rather than what it was built to. Mr. Lee stated that insurance companies were insuring the building, and the building itself could be rebuilt to that size, but not that many units. He did not feel that was an issue. This being the time and place as advertised, the public hearing was opened. No one wishing to speak, the public hearing was closed. MSUC (Tarantino/Ray) 6-0 (Commissioner Martin excused) to approve resolution PCA-94-04 recommending that the City Council amend Section 19.64 of the Municipal Code in accordance with the draft City Council ordinance and the findings contained therein. 1/-7 Ii PUBUC HEARING CHECK UST PUBUC HEARlNG DATE: X J OJ. (0" SUBJECT: C''#,,-~.~'-- ~~Q~A I.k" T~ 111 '6 CV}.{L JVlo-.iLijft LOCATIO~b. 19("'t,So ~ ~Cl ~. ,19(.,';,.1$5 dt,. r~ f ,,-'..Q.~' '~i N.'--~ ~,~ 'J>d ~.."...:-\ vf\..-'>ct!k. SENTTOSTARNEWS;;FO PUBUCATION--BYFAX ~YHAND_;BYMAIL . ~ PUBUCATION DATE _ex) I '1...{ CJ J) I MAILED NOTICES TO PROPERTY OWNERS NO. MAILED PER GC ~54992 Legislative Staff, Construction Industry Fed, 6336 Greenwich Dr Suite F. San Diego, 92122 LOGGED IN AGENDA BOOK 7 J 0( "7 / <1"" .' I I COPIES TO: Administration (4) /' Planning v Engineering Originating Department / Others City Clerk's Office (2) POST ON BULLETIN BOARDS ,/ '7k'6J1f- / / SPECIAL INSTRUCTIONS: 7/93 -55- J) /'q NOTICE OF PUBLIC HEARING BY THE CHULA VISTA CITY COUNCIL CHULA VISTA, CALIFORNIA NOTICE IS HEREBY GIVEN THAT THE CHULA VISTA CITY COUNCIL will hold a public hearing to consider the following: Purpose of considering amendment to Title 19 of CYMC in order to provide reconstruction of residential condominium units that are nonconforming with respect to density. If you wish to challenge the City's action on this matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk's Office at or prior to the public hearing. SAID PUB HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, August 994, at 6;00 p.m. in the Council Chambers, Public Services Building, 276 Fourth e, at which time any person desiring to be heard may appear. J? DATED: July 27, 1994 11- 10 NOTICE OF PUBLIC HEARING BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL of the City of Chula Vista, California, for the purpose of considering an amendment to Title 19 of the Municipal Code to modify section 19.64.150 and adding Section 19.64.155 in order to provide for the reconstruction of residential condominium units that are nonconforming with respect to density. Copies of the proposed amendment PCA-94-04 are on file in the office of the Planning Department. The Environmental Review Coordinator has determined that this proposal IS exempt from environmental review under CEQA as a Class 2 exemption. Any petitions to be submitted to the City Council must be received by the City Clerk's office no later than noon of the hearing date. If you wish to challenge the City's action on this amendment to the Municipal Code in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to the public hearing. SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, August 9, 1994 at 6:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue, at which time any person desiring to be heard may appear. DATED: July 27, 1994 CASE NO. PCA-94-04 COMPLIANCE WITII AMERICANS WITH DISABILITIES ACT (ADA) The City of Chula Vista, in complying with the American With Disabilities Act, requests individuals who require special accommodation to access, attend and/or participate in a City meeting, activity or service request such accommodation at least 48 hours in advance for meetings and 5 days for scheduled services and activities. Please contact Nancy Ripley for specific information at (619) 691-5101. California Relay Service is available for the hearing impaired. !/~ /1