Note: Section 19-20 was originally adopted by Ord. 116 and amended by Ord. 367, Ord. 630, Ord. 635, Ord. 666 and Ord. 821. Section 19-20 was deleted and replaced in its entirety by Ord. 917. Chapter 17.92, derived from Prior Code §§ 19-20.1—19-20.21 and Ord. Nos. 1150, 1179, 1244, 1247, and 1272, was amended in its entirety by Ord. No. 1316.
This Chapter establishes regulations for legal nonconforming
land uses, structures, and parcels. These are land uses, structures,
and parcels within the City that were lawfully established, constructed,
or subdivided before the adoption or amendment of this Code, but which
would be prohibited, regulated, or restricted differently under the
current terms of this Code or its amendments. This Chapter is intended
to encourage the City's continuing improvement by limiting the extent
to which nonconforming structures and uses may continue to be used,
expanded, or replaced, while improving the health, safety, and welfare
of all residents without creating an economic hardship for individual
property or business owners. This Chapter takes effect on the effective
date of Ordinance 1316.
(Ord. 1316 § 8, 9/26/16)
A.
Applicability.
Nonconforming uses, structures and lots within the City may continue
to be used, and may be maintained, altered, expanded, reconstructed,
or replaced only as allowed by this chapter.
B.
This
chapter does not apply to any public property or facilities owned
in whole or part by the City. Nothing in this chapter is intended
to, nor can it, require the City to remove a publicly owned nonconforming
structure or use.
C.
Effective
Date. Whenever a use, building, structure, or lot becomes nonconforming
as a result of amending this Code, the time period for eliminating
the nonconforming use, building, structure, or lot established by
this Code is computed from the effective date of the amendment.
D.
Unless
structures violate front yard setback requirements in a manner that
is incompatible with surrounding properties, structures that do not
comply with minimum setback requirements on the effective date of
the ordinance amending this chapter are nevertheless deemed conforming
structures for purposes of setback requirements. Proposed expansions
and alterations occurring after the effective date of the ordinance
amending this chapter must comply with this Code unless otherwise
exempted.
E.
Multi-unit
dwellings existing on the effective date of this ordinance, which
are not in compliance with the required minimum lot area per dwelling
unit standards, will not be considered nonconforming due solely to
noncompliance with the minimum lot area per dwelling unit standards.
Such dwellings are considered legal, conforming buildings or structures
for the purpose of sale and financing under this title and other City
regulations. However, all future expansions and alterations of such
dwellings must comply with all applicable standards of this title.
(Ord. 1316 § 8, 9/26/16)
A.
Unless
otherwise provided by applicable law, should a nonconforming use occupying
a structure be involuntarily destroyed to any extent, including total
destruction, it may be rebuilt to the identical use and original floor
area, providing the structure otherwise complies with the design requirements
of this Code and that on-site parking be replaced to the ratio existing
at the time of such destruction.
B.
A multifamily
dwelling that is involuntarily damaged or destroyed by fire, other
catastrophic event, or the public enemy may be reconstructed, restored,
or rebuilt in accordance with this Code and the Government Code.
(Ord. 1316 § 8, 9/26/16)
A nonconforming use which occupies a structure that is voluntarily
demolished or demolished because of a maintenance failure or other
neglect can be replaced only with a use that complies with all applicable
provisions of this Code.
(Ord. 1316 § 8, 9/26/16)
A.
Conditional
Use Permit Required. Notwithstanding the provisions of this Code,
none of the uses set forth in this title for which a conditional use
permit is required which were lawfully in existence as of the effective
date of the ordinance amending this chapter, will be deemed nonconforming
unless:
1.
The
building or structures utilized by any such nonconforming use are,
at any time, partially destroyed.
2.
There
is any enlargement or expansion of such buildings, structures or uses,
not otherwise permitted herein, then such uses will either be processed
and granted as a conditional use permit thereof or be terminated.
B.
Keeping
of Animals Restricted. For properties previously zoned A-1 (Agricultural
Residential Zone), as of 1998, which were allowed one horse, cow,
steer, sheep, or goat; or a unit of 25 hens, capons, fowl, rabbits,
or chinchillas on lots of 10,000 square feet or more in increments
of one unit per 5,000 square feet; these animals will be allowed to
remain on the property for their natural life. Upon the death of the
animals they cannot be replaced.
(Ord. 1316 § 8, 9/26/16)
A nonconforming use previously allowed by a conditional use
permit, but no longer allowed by this Code within the applicable zoning
district can continue in operation in compliance with all requirements
of the original conditional use permit. Should the conditional use
permit expire, be abandoned, or be revoked, all uses on the real property
regulated by the conditional use permit must comply with this Code.
(Ord. 1316 § 8, 9/26/16)
A nonconforming nonresidential use, structure, or lot may continue
to be used until such time it is required to be abated provided no
alterations, expansions, or modifications of area or use are made,
except as otherwise permitted by this chapter.
(Ord. 1316 § 8, 9/26/16)
Restrictions and conditions affecting nonconforming uses, structures,
and lots apply to that use, building, and structure, and are not affected
by ownership changes.
(Ord. 1316 § 8, 9/26/16)
A.
Nonresidential
nonconforming uses must be abated and the usage thereof terminated
within 60 years from the effective date of the ordinance that amended
the code provision resulting in the creation of the nonconformity.
B.
Buildings
and structures with noncompliant front yard setbacks that are not
found to be compatible and consistent with adjacent properties and
the surrounding neighborhood must be abated within 60 years from the
effective date of the ordinance or amendment.
(Ord. 1316 § 8, 9/26/16)
A.
Nonresidential
Uses.
1.
Enlargement
or Expansion. A nonconforming use cannot be enlarged or increased
to occupy a greater floor area or portion of the site than it lawfully
occupied before becoming a nonconforming use. Alterations which do
not increase or enlarge a nonconforming use may be approved.
2.
For
purposes of this section, the term "alterations" does not include
the removal of exterior walls or principal support structures such
as columns, structural frames and other similar primary structural
elements.
3.
Extended
Hours. The hours of business for a nonconforming use may be expanded
to operate under extended business hours with a conditional use permit.
B.
Residential
Uses. Detached single-family dwelling units or duplexes may be expanded
subject to the following:
1.
The
total cumulative expansion cannot exceed 25% of the permitted existing
gross floor area of the dwelling, since the use became nonconforming
excluding attached or detached garages and/or accessory structures
subject to Development Review by the Director.
2.
The
addition of garages or carports is allowed, but cannot exceed a two
car carport or two car garage per unit.
3.
New
construction is subject to R1 development standards. Additions to
existing structures, however, may maintain an existing building side
yard setback upon approval by the approving authority.
4.
A
minor use permit is required for any additions exceeding 25% of the
existing gross floor area of a nonconforming structure. Second story
additions and additions over 50% are subject to conditional use permit.
5.
Nonconforming
fences must be removed before the City issues a building permit for
any expansion of a nonconforming structure.
6.
The
appearance and aesthetic quality of the existing residence and the
property must be improved as approved by the approving authority.
C.
Change
of Use. A nonconforming use may be changed to another nonconforming
use provided the new use will be equal or less objectionable in external
effects than the pre-existing nonconforming use as to:
1.
Traffic
safety and generation and type of vehicles;
2.
Noise,
dust, fumes, vapors, gases, odors, glare, vibration, fire hazardous
substances;
3.
Amount
and character of outdoor storage;
4.
Late
night and early morning hours of operation if the new use would be
close to dwellings; and
5.
Compatibility
with the character of surrounding uses.
(Ord. 1316 § 8, 9/26/16)
A nonconforming use that is voluntarily discontinued or ceases
operations for a continuous period of 180 days or more cannot be re-established
on the site. Any further use of an existing structure or site must
conform to any applicable performance or operational standards provided
in this Code. Such use must also comply with all applicable development
standards to the maximum extent feasible.
(Ord. 1316 § 8, 9/26/16)
A.
Expansions.
A nonconforming structure may be allowed to expand, extend or enlarge
as required by law, and subject to this section.
B.
Reasonable Accommodation. Improvements to a nonconforming structure that are necessary to comply with an approved reasonable accommodation in compliance with Chapter 17.42 (Reasonable Accommodations) are allowed.
C.
Maintenance,
Repair, and Alterations. A nonconforming structure may be regularly
maintained and repaired. Alterations without expansion are permitted
if they improve the appearance or stability of the structure.
D.
Extensions
Along a Nonconforming Side Yard Setback.
1.
A
residential building or structure which does not conform to the side
yard regulations applicable to the zone in which such building or
structure is located may be expanded along the same setback subject
to the following limitations:
a.
The enlargement cannot extend into the required yard farther than
the existing portion encroaching into the setback.
b.
The enlargement is subject to Building and Fire Code limitations.
c.
The enlargement is an extension of that portion of the existing building
or structure that encroaches into a required side yard; provided the
wall length of the extension cannot be greater than 50% of the wall
length of the existing portion within the required yard. This allowance
may only be utilized once on a property; future alterations or enlargements
after the initial 50% allowance has been used on a property may not
encroach into the required yard.
E.
Residential
Use With Nonconforming Parking.
1.
Demolition
of nonconforming parking: Nonconforming parking demolished during
remodeling or additions can only be replaced with parking that complies
with this Code.
2.
Addition
of new dwelling unit: The addition of new dwelling unit(s) on a lot
requires the provision of additional parking spaces for the new dwelling
unit(s) as well as existing units if substandard in parking in accordance
with the requirements for new construction.
3.
Expansion
of existing single-family dwelling unit in the residential zones:
A residential use consisting of one single-family dwelling unit on
a lot may be expanded up to 100% of the current square footage without
providing additional parking.
4.
Expansion
of residential dwelling units on lots with two or more units: Expansion
is allowed without bringing parking into compliance with current code.
However, additional parking is required for any additional bedroom(s)
subject to current parking regulations.
5.
Expansion
of residential dwelling units on lots with two or more units located
in parking impacted areas: Except as otherwise provided, expansion
is allowed without bringing parking into compliance with current code.
Additional parking, however, is required for any additional bedroom(s)
in accordance with this Code and provided the unit contains or can
accommodate visitor parking in compliance with this Code. "Parking
impacted area" is defined as areas subject to permit parking and areas
within 200 feet of permit parking districts measured along streets.
F.
Conforming
Nonresidential Use With Nonconforming Parking. Expansion is allowed
in conformance with all applicable standards without complying with
existing parking regulations if such expansion does not result in
an increase in the off-street parking requirements for the use or
a reduction in the existing off-street parking. If such expansion
results in an increase of off-street parking requirements, then the
subject expansion is required to provide additional parking required
for the addition in accordance with current standards.
(Ord. 1316 § 8, 9/26/16)
A.
A nonconforming
building or structure that is substantially remodeled loses its nonconforming
status. It must comply with all existing requirements of applicable
law including this Code.
B.
A substantial
remodel occurs upon any single one of the following actions at any
time over a five year period starting with the first permit issued
for the subject building:
1.
More
than 50% of the exterior walls are removed. Elements of the exterior
wall include columns, studs, cripple walls, or similar vertical load-bearing
elements and associated footings. However, existing exterior walls
supporting a roof that is being modified to accommodate a new floor
level or roofline will continue to be considered necessary and integral
structural components, provided the existing wall elements remain
in place and provide necessary structural support to the building
upon completion of the roofline modifications. The calculation for
determining whether a structure is substantially remodeled will be
based on a horizontal measurement of the perimeter exterior wall removed
between the structure's footings and the ceiling of the first story.
2.
In
nonresidential buildings not principally supported by exterior bearing
walls, more than 50% of the principal support structure including
columns, structural frames and other similar primary structural elements,
is removed.
C.
Notwithstanding
anything to the contrary in this section, an existing nonconforming
building will not lose its nonconforming status if the existing building
is nonresidential and is altered in accordance with all of the following
criteria:
1.
The
alterations only involve the replacement of the footings, cripple
walls, stem walls, or similar structural components between the structure's
footings and the finished floor of the first story.
2.
The
alterations are only undertaken to the minimum extent necessary to
maintain a safe structure.
3.
The
existing exterior wall elements or principal support structure remain
in place at all times and provide necessary structural support to
the building upon completion of the alterations.
D.
Notwithstanding
anything to the contrary in this section, an existing nonconforming
building will not lose its nonconforming status if the existing building
is residential and is altered or added to in accordance with all of
the following criteria:
1.
The
alterations or additions to the existing building include the replacement
of the footings, cripple walls, stem walls, or similar structural
components between the structure's footings and the finished floor
of the first story.
2.
The
existing first story exterior wall elements remain in place at all
times and provide necessary structural support to the building upon
completion of the alteration or addition.
(Ord. 1316 § 8, 9/26/16)
Pursuant to Government Code Section 65852.25, a multifamily
dwelling that is involuntarily damaged or destroyed is allowed to
be reconstructed, restored, or rebuilt according to standards set
forth in Government Code Section 65852.25, unless the Planning Commission
determines that:
A.
The
reconstruction, restoration, or rebuilding will be detrimental or
injurious to the health, safety, or general welfare of persons residing
or working in the neighborhood, or will be detrimental or injurious
to property and improvements in the neighborhood; and
B.
The
existing nonconforming use of the building or structure would be more
appropriately moved to a zone in which the use is permitted, or that
there no longer exists a zone in which the existing nonconforming
use is permitted.
(Ord. 1316 § 8, 9/26/16)
Except as otherwise provided by applicable law, an involuntarily
damaged single-family dwelling or nonresidential structure may be
reconstructed in compliance with this Code as follows:
A.
Less
Than Fifty percent Destruction. A structure with 50% or more of the
total length of its original exterior walls remaining in place after
the damaging event, may be reconstructed provided that:
1.
The
reconstructed structure occupies the same footprint or decreases the
nonconformity of the structure, and is of no greater height than the
original structure; and
2.
A
complete application for reconstruction is submitted within 12 months
of the date of damage, and reconstruction is commenced within one
year of land use permit approval.
B.
More
Than Fifty percent Destruction. A structure that is damaged so that
more than 50% of the total length of its exterior walls must be replaced,
may also be reconstructed provided that:
1.
The
reconstructed structure occupies the same footprint or decreases the
nonconformity of the structure, complies with the City's design objectives
to the extent feasible and practicable as determined by the Director
and is of no greater height than the original structure; and
2.
A
complete application for reconstruction is submitted within 12 months
of the date of damage, and reconstruction is commenced within one
year of land use permit approval.
3.
The
reconstructed structure must be provided at least as much parking
as previously existed and as much as determined the Director to be
feasible.
C.
Replacement
After Destruction of Nonconforming Single-Family Residential Structure.
A nonconforming single-family structure that is completely destroyed
by fire, earthquake, or other calamity beyond the property owner's
control may be replaced provided that:
1.
The
replacement structure occupies the same footprint or decreases the
nonconformity of the structure, complies with the City's design objectives
to the extent feasible, and is of no greater height than the original
structure; and
2.
A
complete application for reconstruction is submitted within 12 months
of the date of damage, and reconstruction is commenced within one
year of land use permit approval.
D.
Replacement
After Destruction of Nonconforming Nonresidential Structure. A nonconforming
nonresidential structure that is completely destroyed by fire, earthquake,
or other calamity beyond the property owner's control can be replaced
only with a structure that complies with all applicable provisions
of this Code.
(Ord. 1316 § 8, 9/26/16)
Nonconforming fences and walls cannot be enlarged or altered
(except for minor repairs). Any proposed change must comply with this
Code.
(Ord. 1316 § 8, 9/26/16)
Except as otherwise provided, nonconforming properties that
are nonconforming for failure to comply with landscaping, open space,
driveway width, and trash facility regulations, are deemed "conforming"
for purposes of this Code. Such lots must comply with existing regulations
in this Code if any one of the following occurs:
A.
Residential.
Alterations, remodels and additions that reduce useable required open
space or landscaping, create additional unit(s) or additions more
than 100% of the current square footage of existing residence(s).
However, noncompliant driveways may be maintained if approved by the
Director.
B.
Nonresidential.
Alterations, remodels and additions that reduce required landscaping
or constitute substantial remodels or result in expansion of more
than 50% of the gross floor area of all structures on the property.
(Ord. 1316 § 8, 9/26/16)
Based upon substantial evidence, the Planning Commission can
find that a national, state, or locally designated historic use or
structure is nonconforming and exempt from this chapter.
(Ord. 1316 § 8, 9/26/16)
A.
Allowed
Use of a Nonconforming Lot. A lot that does not comply with the applicable
requirements of this Code for minimum lot area, dimensions, or access,
is considered to be a legal building site for the purposes of development
or the establishment of a new land use only if:
1.
The
parcel was a previously a legal lot of record; and
2.
The
parcel has a valid certificate of compliance or conditional certificate
of compliance issued in accordance with this Code and the Subdivision
Map Act (Government Code Sections 66410, et seq.).
B.
Development
and Use Standards. Any proposed development or use of a nonconforming
lot must comply with all applicable requirements of this Code.
C.
Further
Division Prohibited. A nonconforming lot cannot be further subdivided,
and its boundaries may be changed through lot line adjustment only
if the extent of the nonconformity remains unchanged or is reduced.
(Ord. 1316 § 8, 9/26/16)
Unless otherwise noted, reconstruction, remodels, alterations or expansion of a nonconforming use, structure, or building, regulated by this chapter may be authorized with a minor use permit issued pursuant to Chapter 17.96 of this Code.
(Ord. 1316 § 8, 9/26/16)
All appeals must be processed as provided by this title.
(Ord. 1316 § 8, 9/26/16)
A.
Upon
determination by the Director that a use or structure on a given parcel
of land is nonconforming and the permitted abatement period lapsed,
the Director must promptly send a notice to the owner of the parcel,
as shown on the last equalized assessment roll, identifying the requirement
for abatement. Such notice must be sent by a method certifying delivery
of the notice.
(Ord. 1316 § 8, 9/26/16)
A.
Within
30 days after the City issues a notice, the owner of the subject property
may request a public hearing before the Planning Commission to consider
the matter.
B.
The
Planning Commission must receive written and oral testimony at such
hearing with regard to abatement of the nonconformity.
C.
At
the close of the public hearing, the Planning Commission must find
and determine whether the nonconformity should be abated or whether
a time extension should be granted. The Commission must base its decision
as to the length of the permitted abatement period on evidence including,
without limitation, the depreciation schedule attached to the owner's
latest federal income tax return.
D.
The
Planning Commission must also find and determine whether the nonconformity
can economically be used in its present condition or if the nonconformity
can be successfully modified for a purpose permitted by the zone in
which it is located.
(Ord. 1316 § 8, 9/26/16)
A.
The
decision of the Planning Commission and the findings in support of
the decision must be in the form of a written order and be served
to the property owner personally or by a method certifying delivery
within 10 calendar days after the decision is rendered.
B.
Findings
must be made as to whether or not the balancing of the public interest
and the request by the owner for continuance complies with the intent
of this Code.
(Ord. 1316 § 8, 9/26/16)
A.
In
establishing the time periods for the termination of nonconforming
uses, the City recognizes that there may be some uses which entail
a substantial investment in time and money and which require a greater
period of time for abatement of the investment than that set forth
in the timetable. Any party may file a petition to the Planning Commission
for an extension of time for the termination of a nonconforming use.
The Planning Commission may direct the Director to conduct a study
of the specific use and prepare a report recommending the appropriate
time for termination of the use.
B.
The
Planning Commission, or the City Council on appeal, at its discretion,
may grant an extension of time for the abatement of a nonconformity
where it finds that an unreasonable hardship would otherwise be imposed
on the property owner.
(Ord. 1316 § 8, 9/26/16)
If removal of a nonconforming use is not performed within the
termination period determined by the Planning Commission in accordance
with this chapter, the City can remove the nonconforming use. Any
cost of removal can be charged to the property owner or recorded as
a lien on the subject property, in accordance with this Code.
(Ord. 1316 § 8, 9/26/16)
Nothing in this chapter is intended to affect the ability of
the City to terminate any use or remove any structure that is found
to be a public nuisance, whether or not any applicable amortization
period has expired.
(Ord. 1316 § 8, 9/26/16)
