04/03/1991 (2) - Laserfiche WebLink

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6.3 Ordinance Amending Chapter 1 (Zoning) of Title 10 (Zoning and Site Development) to clarify Article 4 (Nonconforming Uses and Structures) (FIRST READING) Council had before them an ordinance which would clarify that nonconformities must have been legal at the time of their construction. According to the Director of Public Works' staff report, the goal of this ordinance was to disallow people from covering their property with non- permitted structures, for example, and then claiming them as existing non-conformities when they go to redevelop. The Planning Commission made the following recommendations for changes to the proposed ordinance: Section 10-1.401 Nonconforming Structures: " . . .result in an increase in the nonconformity or change of use in the nonconformity." and Section 10-1.406 Nonconforming Uses: Maintenance: " . . .however, no structural alterations or change of use in the nonconformity." Timothy Tang, 26638 Purissima Road, referenced several sections of the Code including 10-1.401, 10-1.405 and 10-1.406 and recommended that the uses of the structures be looked at as well as the square footage. He also commented on structural alterations and repair to damage. He commented that the Wheatley request for a secondary unit to exceed the y1 1,000 square foot limitation was only two feet from his property line. Mr. Tang supported the Planning Commission's recommendations to the ordinance. Siegel suggested site development approval for non-conforming uses and Tryon stated that it was important to look at intent of Site Development Ordinance. It was clearly the intent that all primary and secondary dwellings go through Site Development as well as reconstructions. Johnson suggested deleting the words "in the nonconformity" in the recommendations from the Planning Commission. The City Attorney stated that she believed the changes in the ordinance were sufficient to cover site development being required for all new dwellings or reconstruction of non-conforming structures. Dan Siedel, 26642 Purissima, supported proposed changes to the ordinances. He referenced the Town's original "green sheet" and noted the ability for residents to walk around their property. He also shared copies of pictures of non-conforming structures in the Town. Stephanie Munoz, 13460 Robleda, stated that she believed the time to deal with nonconforming structures was when the house was sold. There were no controls over rental properties and this could be a major impact on a April 3, 1991 6