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HomeMy WebLinkAboutCC AG PKT 2009-03-23 #AAGENDA STAFF REPORT DATE: March 23, 2009 TO: Honorable Mayor and City Council THRU: David Carmany, City Manager FROM: Lee Whittenberg, Director of Development Services SUBJECT: CONSIDERATION OF DISASTER-RELATED RECONSTRUCTION ASSISTANCE PROGRAM POLICY SUMMARY OF REQUEST: City Council to provide direction to Staff regarding preparation of a City Council Policy regarding "Disaster-Related Reconstruction Assistance Program." BACKGROUND: This matter is presented for discussion and direction by the City Council at the request of Councilman Levitt during the March 9, 2009 City Council meeting. The request was made in light of the recent multi-unit fire in Leisure World and a later single-unit fire also within Leisure World. The City does not have an identified "policy' or "strategy' to assist the owner/resident of a structure that is damaged during a disaster event, either a single-unit or area wide event. Currently, City staff will do the following to assist an impacted owner of a damaged structure, either residential, commercial, or industrial, in a helpful and cooperative manner: ^ Work to ensure that the necessary approvals and permits are received to allow for the removal of damaged portions of the structure, or the entire building if required. This may entail assisting in coordination with the following agencies: ^ Orange County Fire Authority; ^ Utility companies; ^ Waste haulers, which may require preparation of a - Waste Management Plan; and ^ South Coast Air Quality Management District - various permit requirements, which may need to include asbestos removal. ^ It should be noted that the City cannot control the time of response from the various other agencies that may become involved in reviewing Agenda Item J~ Page 2 plans and issuing permits for the demolition of reconstruction of a damaged structure. ^ work to ensure that the necessary reconstruction plan submittal requirements are understood by the owner and/or architect, including the provisions of Ordinance No. 1579, and coordinate review with the Planning Department to ensure compliance with current Zoning Code provisions (see following discussion regarding Building Code Provisions and Zoning Code Provisions); ^ work to ensure a timely review of the reconstruction plans and accompanying documents to allow for the reconstruction permit to be issued. The following time schedule is the general turn-around time for Building Department review of construction plans: ^ First plan check - 10 days; ^ Second plan check - 5 days; and ^ Third and any additional plan checks - 2-3 days. ^ It should be noted that the City cannot control the time of response from the project applicant/architect to the plan check corrections of the Building Department. ^ An "expedited plan check" can be requested, which will reduce the amount of the first plan check from 10 days to 5 days. The City currently imposes an "Expedited Plan Check Fee" of 50% of the normal plan check fee to provide this service. ^ Ensure required construction inspections are conducted in a timely manner. The City provides for same day inspections if a request is made by 6 AM of that day. If the request is made after 6 AM, the inspection would occur the following day. The City has a 24-hour call-in line to request inspections. If the City Council wishes the above-described informal operating procedures to be formalized, it is recommended that the Council direct staff to prepare a formal "Council Policy" for future consideration of the City Council. ADDITIONAL CITY REQUIREMENTS REGARDING DISASTER-RELATED RECONSTRUCTION: Building Code Provisions: In August 2008 the City Council adopted Ordinance Number 1579, which was proposed by staff to provide the appropriate triggering mechanisms that will allow building owners to use the appropriate sections of California Building Code ("CBC") and remain eligible for FEMA Public Assistance in the case of a declared disaster. The provisions of Ordinance 1579 are currently being utilized by Leisure World to assist in the reconstruction efforts of the fire-damaged structures. Page 3 Another key aspect of this ordinance is the provision that allows a different level of repair to be used if proposed in an engineering evaluation and approved by the building official. This gives the design professional the leeway necessary to appropriately address not only the specific damage but also the reason for that damage. Zoning Code Provisions: The City also sets forth provisions regarding the reconstruction of structures that result from adisaster-related event (fire, flood, earthquake, etc.) primarily within the Zoning Code, Chapter 28 of the Municipal Code. Section 28-2406, Reconstruction of Damaged or Destroyed Nonconforming Buildings, pertains to "nonconforming buildings." Please refer to Attachment A to review the complete provisions of Section 28-2406, Reconstruction of Damaged or Destroyed Nonconforming Buildings. The provisions of Section 28-2406 pertain to a building that was constructed in accordance with the applicable standards of the State Housing Act, Uniform Building Code, and the zoning code that was in effect at the time the particular building was constructed, but which is not in compliance with the current provisions of those particular codes. If a damaged structure is a "nonconforming building' the applicable provisions of Section 28-2406 must also be complied with before any reconstruction permits can be issued by the Building Department. An impacted owner may submit their reconstruction plans to the Building Department for plan check while the reviews to comply with Section 28-2406 are being completed. If the approvals granted pursuant to Section 28-2406 require a redesign of the plans submitted for Building Department plan check, the project applicant is responsible for the costs that may be involved to re-design and re-submit construction plans to comply with the approvals granted in accordance with Section 28-2406. Pursuant to Section 28-2406.A, a nonconforming building damaged to an extent less than 50% of its replacement cost immediately prior to its damage or destruction by fire, explosion or other casualty or act of God or the public enemy may be restored and the occupancy or use of such building or part thereof which existed at the time of such damage or destruction may be continued in the same manner which lawfully existed prior to such damage or destruction. This provision allows for the replacement of portions of a nonconforming damaged building pursuant to the Zoning Code; ~ but still requires compliance with the applicable construction code requirements of the City. The term "Nonconforming Building' is defined in Section 28-262 of Chapter 28 as: "a building or portion thereof, other than a "conforming building" as defined by this chapter and which was lawfully erected or altered and maintained but which, because of the application of this chapter to it, no longer conforms to the provisions of this chapter. A nonconforming building or nonconforming portion of the building shall be deemed to constitute a nonconforming use of the land upon which it is located." Page 4 The term "Conforming Building' is defined in Section 28-221 of Chapter 28 as: "(a) In the residential "R" zones, a conforming building is one which fully meets the requirements of the State Housing Act and the Uniform Building Code as they pertain to residential buildings and which building fully conforms to fhe requirements of this chapter with respect to the district and zone in which it is. located; and (b) In the commercial "C" and manufacturing "M" zones, a conforming building is one which fully conforms to the structural design, building materials and their assembly as prescribed for commercial or industrial buildings by the Uniform Building Code and which building fully conforms to the requirements of this chapter with respect to the district and zone in which it is located." FINANCIAL IMPACT: Unknown. Future financial impacts can be better quantified by Staff based upon City Council direction regarding the desired parameters of a future "Disaster- Related Reconstruction Assistance Program" Policy. The current procedures of the City are primarily related to the allocation of existing staff to address concerns in a timely manner. RECOMMENDATION: City Council to provide direction to Staff regarding preparation of a City Council Policy regarding "Disaster-Related Reconstruction Assistance Program." SUBMITTED BY: i e Whittenberg Director of Development Servic NOTED AND APPROVED: ~~ David Carmany City Manager Attachments: A. Chapter 28, Zoning -Section 28-2406: Reconstruction of Damaged or Destroyed Nonconforming Buildings Page 5 ATTACHMENT A CHAPTER 28, ZONING -SECTION 28-2406: RECONSTRUCTION OF DAMAGED OR DESTROYED NONCONFORMING BUILDINGS Section 28-2406. Reconstruction of Damaged or Destroyed Nonconforming Buildings. A. A nonconforming building damaged or destroyed to the extent of not more than fifty percent (50%) of its replacement cost immediately prior to its damage or destruction by fire, explosion or other casualty or act of God or the public enemy may be restored and the occupancy or use of such building or part thereof which existed at the time of such damage or destruction may be continued in the same manner which lawfully existed prior to such damage or destruction. B. A nonconforming residential building damaged or destroyed to the extent of more than fifty percent (50%) of its replacement cost immediately prior to its damage or destruction by fire, explosion or other casualty or act of God or the public enemy may be restored and the occupancy or use of such building may be continued as provided in this subsection. 1. Reconstruction Subject to Administrative Plan Review. Nonconforming residential buildings may be reconstructed pursuant to Administrative Plan Review by the Director of Development Services subject to the following: (a) The minimum number of standard, open and accessible covered parking spaces required by this Chapter shall be provided. (b) The minimum setback and height standards of this Chapter shall be met. (c) The number of units to be reconstructed shall be the number of units legally existing at the time of the building's partial destruction, or one unit for each nine hundred fifty (950) square feet of lot area, whichever is less. (d) For the purpose of calculating density, all fractions of units shall be rounded to the next highest whole number. Page 6 2. Reconstruction Subject to Minor Plan Review Permit. Nonconforming residential buildings may be reconstructed pursuant to a consent calendar plan review, subject to the following: (a) A minimum of one standard, open and accessible covered parking space shall be provided for each unit. Tandem spaces existing at the time of the building's partial destruction shall be reconstructed, but interior spaces shall not be counted in satisfying the requirement of one space per unit. (b) The minimum setback and height standards of this Chapter shall be met for the zoning district in which it is located. (c) The number of units to be reconstructed shall be the number of units legally existing at the time of the building's partial destruction, or one unit for each nine hundred fifty (950) square feet of lot area, whichever is less. (d) For the purpose of calculating density, all fractions of units shall be rounded to the next highest whole number. 3. General Provisions. The following shall apply to the reconstruction of nonconforming residential buildings pursuant to Sections B.1. and B.2., above: (a) No reconstruction may enlarge the habitable area of a nonconforming residential building beyond its pre-existing size, unless such enlargement complies with the provisions of this Chapter. (b) The number of units in a nonconforming residential building shall not be increased unless such increase complies with the provisions of this Chapter applicable to the zoning district in which it is located. (c) The reconstruction of nonconforming residential units measuring less than five hundred (500) square feet shall be subject to the following findings by the Planning Commission: i. All units and rooms meet the minimums established for residential occupancies under the Uniform Building Code. ii. All feasible area has been utilized to enlarge substandard units, given the availability and location of space on the site, or the constraints imposed by parking requirements and the existing sound primary structure. Page 7 (d) Any administrative plan review approval or minor plan review approval shall become null and void if not exercised within one year from the date of such approval or issuance, and the provisions of Section 28-2401 shall be applicable. (e) Replacement cost shall be determined by the Director of Development Services, using valuation methods adopted by the Department of Development Services. If the property owner disputes the Director's determination, replacement cost may be determined by a licensed appraiser, selected and paid for by the property owner, which appraiser shall be approved by the Director. C. A nonconforming nonresidential building damaged or destroyed to the extent of more than fifty percent (50%) of its replacement cost immediately prior to its damage or destruction by fire, explosion or other casualty or act of God or the public enemy may be reconstructed subject to consent calendar plan review in accordance with the following criteria: 1. The property shall provide, at a minimum, the same number of on- site parking spaces as were previously provided. The Planning Commission shall, on a case by case basis, endeavor to increase the ratio of parking to square footage, either by reducing the square footage or by requiring additional parking on-site. In no case shall the square footage be reduced by more than twenty-five percent (25%). 2. All setbacks and height restrictions of this Chapter shall be met for the zoning district in which the building is located.