Development Services Department Land Development Code Work Program

Development Services Department Land Development Code Work Program City of San Diego: Previously Conforming Regulations Coastal Commission Item Th 16 c January 14, 2016 Amanda Lee, Project Manager

Development Services Department Land Development Code Work Program Overview • Three ordinances for certification: – Issues are only with previously conforming • Issues narrowed to 127. 0106(c)(5), 127. 0111(c) – CCC suggested language is inconsistent, unnecessarily complex, and unenforceable – Previously conforming is already highly complex • The City wants clear, enforceable regulations – Alternate language was provided (see handout) 2

Development Services Department Land Development Code Work Program Background Since Aug 2014 staff worked out language regarding: • Termination of Rights (on beach/bluff property) – Measurement of extent of removal of exterior walls • Limits on Expansion – Provisions to encourage retreat from bluffs – Provisions to waive future shoreline protection • City’s alternate language is needed to clearly distinguish between the rules for: – Termination of rights, limits on expansion, and measurement 3

Development Services Department Land Development Code Work Program Termination of Rights • City Council set termination of rights within 50 ft of bluff edge when keeping less than 50% exterior walls • City agreed to mods to remove 50 ft distance and to apply termination limit to beach and bluff properties • City recommends additional threshold be added – To measure replacement of structure at 50% reduction in capacity/load of structural system – Will better implement LCP bluff policy intent – Locates CCC’s intended termination language in the correct code sections 4

Development Services Department Land Development Code Work Program Limits on Expansion • Expansion on a bluff or beach property is subject to: – Conformity to certified LCP – Must retain at least 50% of exterior walls – 500 sq ft max; more for relocation from setback – No basement or caisson foundations – Must record waiver of future shoreline protection and can’t have existing shoreline protection – Limits total increase of floor area over time to 50% -- City recommends the limit on future expansion of floor area be clarified in 127. 0106(c)(5) 5

Development Services Department Land Development Code Work Program Measurement • City adopted threshold is removal of exterior walls • Section 127. 0111 identifies the rules for calculation and measurement of exterior walls (linear feet) • CCC staff is proposing specialized measurements to terminate rights via 127. 0111(c) and 127. 0106(c)(5) – Adds inconsistencies and unnecessary complexity – Termination sections are 127. 0104(e), . 0105(d), . 0106(d) – Rules for measurement of exterior walls are 127. 0111 • City recommends clarifying that any exterior walls made into interior walls are “expansions” 6

Development Services Department Land Development Code Work Program Requested Action Amend CCC staff recommendation to: • Establish a clear limit on expansion of floor area – by replacing 127. 0106(c)(5) w/ City language • Measure extent of replacement of a structure/ clarify termination of rights on bluff/beach property – by adding to 127. 0104(e), 127. 0105(d), 127. 0106(d) (measures reduction in capacity of lateral/vertical load of structural system) • Clarify rules for exterior walls made into interior walls – by adding new 127. 0111(d) 7

Development Services Department Land Development Code Work Program 8

Development Services Department Land Development Code Work Program Extra Slides 9

Development Services Department Land Development Code Work Program Key Changes • Modifies permit threshold from “market value” to “removal of exterior walls” for greater enforceability • Allows staff to approve minor expansion for MF/nonresidential to meet CBC/Fire code; and one-story room additions in line with existing structure in setback subject to limits/appeal (not on beach/bluff) • Allows limited expansion on bluff/beach (cumulative limit) in exchange for waiver of shoreline protection • Terminates rights on beach/ bluff property where development as a whole retains less than 50% of the exterior walls, or replaces 50% or more of structure 10

Development Services Department Land Development Code Work Program Previously Conforming • Prevalent citywide – Due to extensive history of zoning changes – Applies if structures/uses were legally established • Flexible approach – Compatible uses/development may continue – Requires development permit, or termination of rights, if potential to impact public health & safety • Intent – To facilitate investment in older neighborhoods – To maintain established neighborhood character – For greater predictability of development rights 11

Development Services Department Land Development Code Work Program How City Regulations Apply • Allows staff to approve proposals to: – repair, alter, replace or reconstruct a structure; to expand per the zone; or to meet CBC/Fire code • Existing CDP requirements still apply to coastal zone • Terminates rights on beach/ bluff property if less than 50% of exterior walls are retained- or 50% reduction in capacity of the lateral/vertical load of structural system • Provides appeal process for proposals to: – Alter prev conforming use & retain less than 50% of exterior walls, or to expand use up to 20%; and – For expansion in the setback under specified limits 12

Development Services Department • Must meet current FAR, height, and setback limits • Retains at least 50% of exterior walls • Does not increase gross floor area greater than 50% of existing structure (cumulative) • Does not rely on existing shoreline protection • Requires applicant execute and record waiver of future shoreline protection Limits on Expansion for Beach/Bluff Property 13

Development Services Department Via development permit if: • Conforms to setback of existing structure • Meets current FAR & setback limits • Meets current height limits (one story max) • Total length not more than 50% of prop line length • Length of addition in setback cant exceed 15 ft • Can’t be within 10 feet of FYSB, unless reduces nonconformity New Limited Allowance for Expansion in Setback 14

Development Services Department Land Development Code Work Program Existing Proposed CCC Alternative Development on non- Threshold: coastal bluff market value properties that retains less than 50% Threshold: exterior walls Changes threshold to major structural components; impacts properties citywide beyond bluff/beach Coastal bluff property Terminates rights: development that only if expansion is retains less than 50% proposed; otherwise disc permit required Terminates rights for any removal of 50%+ walls within 50 feet of bluff edge Changes threshold to major structural components; Also applies to beach properties Coastal bluff property expansion of existing Process 2 to reduce nonconformity in bluff setback No setback encroachment; must waive right to shoreline protection Allowed per current zone standards 15

Development Services Department Land Development Code Work Program Repair, maintenance, alteration, replacement retains less than 50% Existing Proposed Description Process 1; except density is Process 2 Process 1* Greater flexibility for minor alterations Reconstruction (post Process 1, Same fire, natural disaster, act except non-res process*, of public enemy) is Process 2 more flexibility to update dev Greater flexibility to quickly rebuild post disaster Expansion to meet Process 1, only Process 1* current zone, or to meet if complies with CBC/Fire Code current zone (MF/non-res only) New options for CBC/Fire code compliance Limited Expansion Process 2 (non Process 2* -res only) New options for residential *Permit Threshold Change market value More enforceable & predictable exterior wall removal 16

Development Services Department Unit #3 • Addition must meet current zone, setbacks, FAR and height limits for premises as a whole Unit #1 Unit #2 Addition on premises with prev conf density 17

Development Services Department Land Development Code Work Program Previously Conforming NON-RESIDENTIAL Uses Existing Proposed Repair, maintenance, alteration, replacement that retains less than 50% Process 2 (threshold: market value) (threshold: exterior walls) Reconstruction (post fire, natural disaster, act of public enemy) Process 2 (threshold: market value) (threshold: exterior walls) Increase in floor area up to 20% of existing or to base zone limit Process 2 Clarifies what uses are not eligible to expand * 18