HomeMy WebLinkAboutMINUTES - 06232009 - C.23RECOMMENDATION(S):
ADOPT Ordinance No. 2009-21, which establishes a building permit amnesty program in
the Montalvin Manor area for a one-year period.
FISCAL IMPACT:
No impact on the General Fund. Costs of preparing the Montalvin Manor Building Permit
Amnesty Program have been paid by Montalvin Manor Redevelopment Funds.
Implementation of the Montalvin Manor Building Permit Amnesty Program will be covered
by application fees.
BACKGROUND:
Amnesty Program
On June 16, 2009 the Board of Supervisors introduced consideration of an Ordinance to
establish a Montalvin Manor Amnesty Program. This recommendation is to adopt
Ordinance 2009-21 establish said program.
The Montalvin Manor Amnesty Program addresses previous building activities to
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 06/23/2009 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Gayle B. Uilkema, District II
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 23, 2009
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: EMY L. SHARP, Deputy
cc: CAO-Victoria Mejia
C. 23
To:Board of Supervisors
From:Catherine Kutsuris, Conservation & Development Director
Date:June 23, 2009
Contra
Costa
County
Subject:Montalvin Manor Building Permit Amnesty Program Ordinance
single-family homes
BACKGROUND: (CONT'D)
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 features 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 that do not extend into any setback area
• 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 conversions, modifications, and/or additions.
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.
ATTACHMENTS
Ordinance 2009-21
Exhibit A for Ordinance 2009-21