Public Hearing - Nonconforming Structures

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CITY OF COLTON AGENDA REPORT FOR THE COUNCEL MEETING OF AUGUST 7, 2001 TO: HONORABLE MAXORAQEMBERS OF THE CITY COUNCIL FROM: Director Item #3 SUBJECT: Consideration of an Ordinance of the City of Colton Adding Section 18.46.070 to the Colton Municipal Code Relating to Extension Periods for the Continuation of Nonconforming Structures Used for Residential Purposes, File Index Number DO -33-01. DATE: July 30, 2001 BACKGROUND: Chapter 18.46 of the Colton Municipal Code establishes regulations regarding nonconforming structures and uses in the City of Colton. The chapter is intended to limit the number and extent of nonconforming uses and the number and extent of physical exterior improvements to nonconforming structures. Throughout the City in commercial and industrial zoned areas, but more prevalent along Mount Vernon Avenue, Colton Avenue, and Valley Boulevard, there are a number of nonconforming structures that continue to be used for residential purposes. The majority of such use is lawful and is termed as "legal, nonconforming." However, Section 18.46.050 (E) specifically provides that, "When a nonconforming use of a structure, or structure and premises in combination is discontinued or abandoned for three consecutive months, the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the zone in which it is located." Staff has received numerous inquiries and requests to continue the use of residential units that were "legal, nonconforming" but that have been discontinued for residential use beyond the three month period, as noted in Section 18.46.050 (E). The majority of the legal nonconforming residential units remains structurally sound and physically safe for residential use. The objective of the ordinance is to allow the continuation and rehabilitation of nonconforming and substandard structures for residential purposes. Approval would be subject to compliance with State guidelines that are incorporated in the City's Housing Element objectives, certain provisions provided for in the attached Ordinance, and review and approval by the Design Review Committee. ANALYSIS/DISCUSSION: Staff has assisted property owners and real estate agents at the public customer counter in the Community Development Department regarding requests to continue the use of nonconforming structures for residential use in commercial and industrial zoned areas. Unfortunately, the customers are informed that due to current zoning regulations pertaining to nonconforming structures and uses, and the fact that the structures have been vacant for longer than three consecutive months, the structures and property pursuant to the ordinance are required to be used only in conformity with the regulations for the zone in which it is located. Consequently, properties are left vacant and become property maintenance and abatement problems for the City's Code Enforcement Division of the Police Department. It is staff's opinion that there are a significant number of abandoned and discontinued nonconforming structures in commercial and industrial areas that maintain their structural integrity and aesthetic quality to continue their use for residential purposes. The proposed ordinance provides for the continuation and rehabilitation of nonconkang#3 Item #3