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Home My WebLink AboutMINUTES - 06162009 - D.4RECOMMENDATION(S): 1. OPEN the public hearing and receive testimony on the rezoning for the Montalvin Manor Redevelopment Area from Single-Family Residential (R-6), Multiple-Family Residential (M-29), Retail Business (R-B), Heavy Industrial (H-I) to Planned Unit District (P-1), and the Montalvin Manor Building Permit Amnesty Program 2. CLOSE the public hearing; 3. FIND the Negative Declaration as adequate and in compliance with the California Environmental Quality Act (CEQA); 4. ADOPT the Negative Declaration; 5. CONSIDER the County Planning Commission’s recommendation regarding the proposed P-1 Rezoning and Final Development Plan application and APPROVE the P-1 Rezoning and Final Development Plan application subject to the proposed modified Condition of Approvals; 6. INTRODUCE ordinance No. 2009-19 giving effect to the aforementioned rezoning, WAIVE reading, and ADOPT the ordinance; 7. INTRODUCE ordinance 2009-21 giving effect to the aforementioned Montalvin Manor Building Permit Amnesty Program and FIX June 23, 2009 as the date for adoption; 8. DIRECT the Department of Conservation and Development to file the Notice of APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 06/16/2009 APPROVED AS RECOMMENDED OTHER Clerks Notes:Speaker: John Bieth, resident of San Pablo. VOTE OF SUPERVISORS AYE:John Gioia, District I Supervisor Mary N. Piepho, District III Supervisor Susan A. Bonilla, District IV Supervisor Federal D. Glover, District V Supervisor Contact: Gabriel Lemus, 335-7229 I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: June 16, 2009 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: June McHuen, Deputy cc: County Counsel Office-Tom Geiger, CAO-Victoria Mejia D. 4 To:Board of Supervisors From:Catherine Kutsuris, Conservation & Development Director Date:June 16, 2009 Contra Costa County Subject:RZ083203, DP083017 - Montalvin Manor P-1 Rezoning and Development Plan; and Montalvin Manor Amnesty Program Determination RECOMMENDATION(S): (CONT'D) and pay the filing fees to the County Clerk. FISCAL IMPACT: No fiscal impact on the County General Fund. Costs of preparing the Montalvin Manor Planned Unit District have been paid by Montalvin Manor Redevelopment funds. Implementation of the Montalvin Manor P-1 and the Montalvin Manor Amnesty Program will be covered by application fees. BACKGROUND: Rezoning to Planned Unit District The rezoning of the Montalvin Manor Redevelopment Project Area to Planned Unit District (P-1) would rezone the properties in the Montalvin Manor Redevelopment Area from their current zoning districts of R-6, M-29, R-B, and H-I to a Planned Unit (P-1) Zoning District. This action will establish zoning conformity with the existing General Plan land use designations, the existing County Zoning Code and the Montalvin Manor Final Development Plan. Land uses proposed by the rezoning are consistent with the General Plan, Montalvin Manor Final Development Plan and the County Zoning Code. This Rezoning and Preliminary and Final Development Plan also implements some procedural changes recommended by the State of California, Office of Permit Assistance regarding permit Streamlining. In addition, this proposal would further some of the goals, policies and implementation measures in the General Plan. Attached are the proposed Montalvin Manor General Plan Map/Proposed Zoning Map (Exhibit A), the County Planning Commission's resolution for the P-1 rezoning (Exhibit B), and the ordinance/findings map giving effect to the P-1 rezoning (Exhibit C). Also attached is the staff report to the County Planning Commission (Exhibit D) which provides additional information regarding the rezoning, including community outreach efforts, background information, overview of the elements of the Montalvin Manor P-1, the initial study and Mitigated Negative Declaration (CEQA), and a copy of the proposed P-1, and a copy of the proposed Montalvin Manor P-1. Amnesty Program This proposal also includes an Amnesty Program to address previous building activities to single-family homes that have taken place without obtaining proper County permits. The majority of the single-family homes were built between 1952 and 1954. Over the course of the past ten years, many of the homes have gone through various alterations that expanded the livable space or were done to improve the aesthetic feature of a home. However, a great deal of these conversions and alterations were constructed without obtaining the necessary development permits and may not comply with the current zoning and building codes. A study was prepared in 2006 on parcels within the Montalvin Manor Redevelopment Project Area. The study illustrated the number and types of alterations done to the houses, both with or without permits. The purpose of the study was to assist County staff in developing and implementing the most appropriate program that will assist residents in legalizing, if appropriate, unpermitted alterations within the Montalvin Manor neighborhood. Staff determined that developing a building permit “amnesty” program would be the most appropriate program that will assist Montalvin Manor residents in legalizing specific alterations and/or additions to single-family homes that were done without obtaining the proper permits. The Amnesty Program would only apply to specific conversions, modifications, and/or additions to single-family residential units. The specific activities are: • Roof conversions (flat to pitch) • Porch cover/roof extensions • Second-story additions • Room additions to rear of dwelling • Carport conversions to a garage • Carport conversions to living space • Garage conversions to living space In order to grant an Amnesty Building Permit, the specific existing non-permitted conversions, modifications, and/or additions to single-family residential units must comply with all required building codes and standards, health and safety standards, and the requirements of the Montalvin Manor P-1 Zoning District. All required Conservation and Development Department fees, including fees for planning-related services; building permit, plan check, and any other related services or fees will be assessed at 100% of the then-applicable fees. However, the Amnesty Program will waive all late fees associated with obtaining a retroactive building permit for all eligible Amnesty applications. The Amnesty period will be in effect for one year, beginning 30 days after the approval the Amnesty Program Ordinance. During the one year period owner/applicants of single-family residential units with specific existing non-permitted conversions, modifications, and/or additions may submit a completed Amnesty Building Permit application to legalize their conservations, modifications, and/or additions. A copy of the proposed Amnesty Program ordinance is attached for review (Exhibit E). CONCLUSION The Montalvin Manor Planned-Unit District uses an innovative approach to guide future development to be consistent with the County General Plan, the Montalvin Manor Redevelopment Plan, and the goals of the Montalvin Manor community. By recognizing the unique features and assets of the community, the Montalvin Manor P-1 provides a framework for future development to enhance and revitalize the community. The permitting process is more efficient by providing entitlement requirements upfront and in an easy to understand document. Projects consistent with community goals and do not require further CEQA review may be considered administratively, reducing the time to secure planning permits. Continued opportunity for public input is provided for proposals requiring either land use and development permits through Montalvin Manor Redevelopment Advisory Committee meetings and the public hearing process. The Montalvin Manor P-1 will result in more investment and a high standard for development in the Montalvin Manor community. The Montalvin Manor Amnesty Program provides the most effective manner for residents to legalize non-permitted conversions, modifications, and/or additions to single-family homes. The Amnesty Program further ensures that the existing undocumented conversions, modification, and/or additions to dwellings will be safe and habitable and will assist in meeting the County’s needs by increasing the stock of legal and affordable housing. CLERK'S ADDENDUM ADOPTED the recommendations; and DIRECTED periodic renotification and outreach efforts to the area homeowners in regard to the amnesty program with an emphasis on the use of clear layman’s language. ATTACHMENTS Exhibit A-Montalvin Manor rezoning map Exhibit B.Montalvin Manor rezoning-CPC Resolution Exhibit C.Ordinance 2009-19 Exhibit D-Montalvin P-1 Staff Report Exhibit E.Montalvin Manor Amnesty Ordinance