C-ZoningAlt

BERKELEY CITY COUNCIL SPECIAL MEETING

SEPTEMBER 28, 2004

Memo from City Clerk -|- Memo from City Manager-|- Ordinance (Attachment A)

Permit Application Procedure (Attachment B)-|- Disaster Replacement Draft Ordinance Modifications (Attachment C)

Creeks Ordinance Disaster Replacement

Draft Zoning Ordinance Modification

Alternative 1 No Feasible Alternative Finding Required (see B)

17.08.-- Replacement of a single-family home or any portion thereof where destroyed due to natural disaster.

Notwithstanding Section 17.08.050, a single-family home, or any portion thereof, may be replaced or reconstructed through the issuance of the appropriate permit pursuant to the Zoning Ordinance for such replacement or reconstruction where the Zoning Officer, Zoning Adjustments Board or the City Council on appeal make all of the following findings:

A. The single-family home, or any portion thereof, was destroyed by causes such as fire, earthquake or flood.

B. There is no feasible alternative for development of the single-family home, or the destroyed portion thereof, on an area outside of the setback required by Section 17.08.050 because of physical conditions on the site and/or the limitations imposed by otherwise applicable development standards.

C. The proposed structure to replace or reconstruct the single-family home, or portion thereof, reasonably similar in use, dimensions, floor area, square footage, lot coverage and number of living units based upon information and input from the property owner, neighbors and/or interested neighborhood groups, design review boards or organizations, and taking into account changes and modifications which are required by applicable building codes and standards, irrespective of whether the replacement structure is the same or different in architecture, appearance, exterior finish or design.

D. If a culvert exists on the parcel and the structure that is being replaced was within 30 feet of the centerline of such culvert, any replacement structure is designed with a foundation, such as pile supported, which does not exert any bearing load on the culvert itself. The applicant has submitted a report by a licensed structural engineer demonstrating to the satisfaction of the City that the proposed replacement structure will not affect the culvert and that the culvert will not have any loading from the proposed improvements. In making this determination, the report included information related to the proposed foundation design, the bearing strength of the soil, and the depth and size of the culvert. Alternatively, the Structural Engineer has demonstrated to the City's satisfaction that there is no feasible alternative to avoid imposing additional loading on the culvert, and the analysis provided has determined that the culvert has sufficient strength to resist such loading or the applicant

E. The proposed replacement or reconstruction will not have a significant adverse impact on the creek.

Alternative 2 Rebuild Without a

"No Feasible Alternative Finding

17.08.-- Replacement of a single-family home or any portion thereof where destroyed due to natural disaster.

Notwithstanding Section 17.08.050, a single-family home, or any portion thereof, may be replaced or reconstructed through the issuance of the appropriate permit pursuant to the Zoning Ordinance for such replacement or reconstruction where the Zoning Officer, Zoning Adjustments Board or the City Council on appeal make all of the following findings:

A. The single-family home, or any portion thereof, has been destroyed by causes such as

fire, earthquake or flood.

B. The proposed structure to replace or reconstruct the single-family home, or portion thereof, is reasonably similar in use, dimensions, floor area, square footage, lot coverage and number of living units based upon information and input from the property owner, neighbors and/or interested neighborhood groups, design review boards or organizations, and taking into account changes and modifications which are required by applicable building codes and standards, irrespective of whether the replacement structure is the same or different in architecture, appearance, exterior finish or design.

C. If a culvert exists on the parcel and the structure that is being replaced was within 30 feet of the centerline of such culvert, any replacement structure is designed with a foundation, such as pile supported, which does not exert any bearing load on the culvert itself. The applicant has submitted a report by a licensed structural engineer demonstrating to the satisfaction of the City that the proposed replacement structure will not affect the culvert and that the culvert will not have any loading from the proposed improvements. In making this determination, the report included information related to the proposed foundation design, the bearing strength of the soil, and the depth and size of the culvert. Alternatively, the Structural Engineer has demonstrated to the City's satisfaction that there is no feasible alternative to avoid imposing additional loading on the culvert, and the analysis provided has determined that the culvert has sufficient strength to resist such loading or the applicant proposes to reinforce the culvert as part of the project at the applicant's expense.

D. The proposed replacement or reconstruction will not have a significant adverse impact on the creek.

Memo from City Clerk -|- Memo from City Manager-|- Ordinance (Attachment A)

Permit Application Procedure (Attachment B)-|- Disaster Replacement Draft Ordinance Modifications (Attachment C)