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HomeMy WebLinkAbout1994/08/23 Item 6 COUNCIL AGENDA STATEMENT ITEM TITLE: Item ,I (p Meeting Date ~ VU/tlft..{ Public Hearing: PCA-94-Q4 - 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 REVIEWED BY: p..oop~ce2SfqAmending Section 19.64.150 to the Chula Vista Municipal Code and adding Section 19.64.155 to allow We repla,,~:nent of damaged condominiums which are nonconforming with respect to density Director of Planning .izll! City Manager is, f' .(1. k.r\ (4/5ths Vote: Yes_No.1U Rtp..O\t-\G p..t-\O stCOt-\O SUBMITIED 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 ,>>-I ~. \ Page 2, Item ~ Meeting Date r 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 Planning Commission Resolution PCA.94-04 Planning Commission minutes (7/27/94) . ~ ~-z.. .. ~\ot!< f>.'\)O? S)\~f:> f>.~~DlNANCE NO. .2599 ~t~ co~'\) AJ'~RDINANCE 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 fmd, 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. 6-1/ ~-~ SECTION II: 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 exceDt as Drovided 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 III: 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 reSDect to density shall be allowed to be reconstructed in the event of destruction of I!reater than sixty nercent of the DroDertv's imDrovement as defined in Section 19.64.150. Drovided that such be initiated within six months and be substantiallv comoleted within twelve months of such haDpeninl!. Said reconstruction shall meet all aODlicable code reouirements in Dlace at the time of reconstruction and. with resDect to any increase in area. the owner shall comDlv with any aDDroDriate financial or other mechanism sponsored bv the Chula Vista Elementarv School District and the Sweetwater Union Hil!h School District. as may be aDDroved bv the Citv. to mitil!ate imDacts to school facilities. SECTION IV: This Ordinance shall take effect and be in full force and effect on the thirtieth day from and after its adoption. Robert A. Leiter Director of Planning Bruce M. City Atto Presented by ~-y EXHIBIT "A" Section 19.64.150 Damaged or Destroyed Uses - Replacement Restrictions Any nonconforming building damaged more than sixty percent of it~ value, as established by the director of building and housing inspection, at the time of damage by fife, 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 nonconforminl! with resoect to density shall be allowed to be reconstructed in the event of destruction of l!feater than sixty uercent of the orooertv's imorovement as defined in Section 19.64.150. orovided that such be initiated within six months and be substantiallv comoleted within twelve months of such haopeninl!. Said reconstruction shall meet all code requirements in olace at the time of reconstruction and. with resoeet 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 may be aooroved bv the Citv. to mitil!ate imoacts to school facilities. b-.5 \', " \ RESOLUTION NO. PCA-94-04 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION. RECOMMENDING TO THE CITY COUNCIL THE ADOPTION OF AMENDMENT TO SECTION 19.64.150 OF THE CHULA VI A MUNICIPAL CODE AND THE ADDITION OF SECTION 19. .155 PERTAINING TO THE REPLACEMENT OF NONCONF NG RESIDENTIAL CONDOMINIUMS WHEREAS, a duly verified application for a Municipal Code tex amendment was f1!ed with the PI . g Department of the City of Chula Vista on May 9, 1 4 by the City of Cbula Vista; and WHEREAS, id application requests approval of an ame ent to the Municipal Code to allow the reconstru tion of residential condominium units m e than 60% damaged which are nonconforming with re t to density; and WHEREAS, the En . onmental Review Coordinat r has determined that the proposal is a Class 2 exemption from env nmental review under QA, replacement or reconstruction of existing structures or facilities, d WHEREAS, the Planning D' ector set the t' e and place for a hearing on said proposed amendment and notice of said hearin ,together ith its purpose, was given by its publication in a newspaper of general circulation the ci at least 10 days prior to the hearing; and WHEREAS, the hearing was held 1994 at 7:00 p.m. in the Council C Commission and said hearing was therea e time and place as advertised, namely July 27, rs, 276 Fourth Avenue, before the Planning reed, and NOW, THEREFORE, BE IT T THE PLANNING COMMISSION, based on the facts presented at the h g, recommen that the City Council adopt the attached draft ordinance amending Sections 9.64.150 and add' Section 19.64.155 of the Municipal Code based on the fmdings conta' ed therein. AYES: NOES: ABSENT: Commissioners Fuller, Moot, Ray, Salas, Tarantino, None Commissioner Martin (wi~ notification) That a copy of this re ution be transmitted to the Ci PASSEDANDAPP VEDBYTHEPLANNlNGCO SSIONOF CHULA VISTA, CAllFORNIA, this 27th y of July 1994 by the following vote, twit: ~v~) William C. Tuchscher n, Chairman ~Ie~ry -- . <~ " <c.-to UNOiP~Z~DL:'- ...'.,..-- __ L..':'u..\.o '- .. 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 Griffm 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. Griffm 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 confmned 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. -" , , ~-I THIS PAGE BLANK ~~ r -.. , (..-~