A.
Provisions. This chapter is intended to establish uniform
provisions for the regulation of legal nonconforming land uses, structures,
and parcels. Within the zoning districts established by this Development
Code, there exist land uses, structures, and parcels that were lawfully
in existence before the adoption, or amendment of this Development
Code, or were in existence at the time of annexation, but which would
be prohibited, regulated, or restricted differently under the terms
of this Development Code, as amended.
B.
Intent. It is the intent of this Development Code to discourage
the long-term continuance of these nonconformities in order to promote
the public health, safety, and general welfare and to bring the uses
and structures into conformity with the goals and policies of the
General Plan and any applicable specific plan, master development
plan, or precise road plan. This chapter would provide for their eventual
elimination, but would allow them to exist under the limited conditions
identified in this chapter.
C.
Establish Circumstances. Generally, this chapter is intended
to be administered in a manner that would prevent the expansion of
nonconformities, establish the circumstances under which they may
be continued, and provide for their change, correction, or removal
resulting in their eventual abatement.
(Prior code § 16-750.010)
Any use, structure, or parcel/zoning district area may not be
designated as having a legal nonconforming status unless the use was
legal at the time it was initiated, the structure was legally built,
or the parcel/zoning district area was legally created. The owner/applicant
is responsible for providing evidence that the use, structure, and
parcel/zoning district area are legal, based on the following criteria:
A.
Use. A nonconforming use shall be deemed to be a legal nonconforming
use, if:
1.
There is an existing valid use permit, if required;
2.
There is evidence that the use was an allowed use at the time it
was established;
3.
There is evidence that the use was an allowed use, or had a use permit
if required by the County, at the time it was annexed into the City;
or
4.
If the above information is not available, the Director shall review
the evidence for status as to the legality of the nonconformity and
issue a determination based upon information provided by the applicant
and payment of a filing fee set by the Council's fee resolution.
B.
Structure. A nonconforming structure shall be deemed to be
a legal nonconforming structure, if:
1.
A building permit was issued by the City or County for the structure;
2.
The structure existed at the time it was annexed into the City or
before code requirements;
3.
The structure was built before 1950; or
4.
If the above information is not available, the Director shall review
the evidence for status as to the legality of the nonconformity and
issue a determination based upon information provided by the applicant
and payment of a filing fee set by the Council's fee resolution.
C.
Parcel or Zoning District Area. A nonconforming parcel or
zoning area shall be deemed to be a legal nonconforming parcel or
zoning district area, if:
1.
The parcel was legally created through a subdivision approved by
the City or the County before City annexation/incorporation;
2.
The parcel is under one ownership, and was legally created by a recorded
deed before the effective date of the zoning amendment that made the
parcel nonconforming;
4.
The parcel was created in compliance with the provisions of this
Development Code, but was made nonconforming when a portion of the
parcel was acquired by a governmental entity so that the parcel size
was decreased not more than 20 percent and the required front yard
setback facing a public right-of-way was decreased by no more than
50 percent;
5.
There is a certificate of compliance issued by the City or County;
or
6.
The zoning was obtained through the City's prezoning or rezoning
process.
(Prior code § 16-750.020; Ord. 015-09 C.S., eff. 12-3-09)
Except as provided for in this chapter, the City shall not approve
any permit or entitlement that would:
A.
Cause
the creation of a nonconforming use, structure, or parcel where there
was no prior nonconformity; or
B.
Increase
the nonconformity of a nonconforming use, structure, or parcel, except
as provided in this chapter.
(Prior code § 16-750.030)
A.
Nonconforming Uses. In addition to the nonconforming uses identified in nonconforming uses and/or structures in subsection C of this section, nonconforming uses may be continued in compliance with the following provisions:
1.
Nonconforming Uses of Land. A nonconforming use of land
may be continued, maintained, sold, or transferred, provided that
the use shall not be enlarged or increased in any manner (e.g., area,
space, volume, or occupant load) nor be extended to occupy a greater
area than it lawfully occupied before becoming a nonconforming use,
except as provided by this chapter.
2.
Nonconforming Use of a Conforming Structure. The nonconforming
use of a structure that otherwise conforms with applicable provisions
of this Development Code may be continued, maintained, sold, or transferred,
as follows, provided that the only structural alterations are those
required by law:
a.
Expansion of Use. The nonconforming use of a portion of a conforming structure may be extended to other portions of the existing structure subject to an administrative use permit in compliance with Chapter 16.168 (Use Permit), provided the expansion shall not:
i.
Be granted more than one time; however, additional expansion will
be reviewed on a case-by-case basis by the Director and will be processed
with a commission use permit;
ii.
Exceed a maximum of 25 percent of the total floor area of the structure
before the expansion; and
iii.
Create a new nonconformity or expand the existing nonconformity
in a way that impacts public health and safety (i.e., noise, light,
dust, access).
b.
Use. The nonconforming use of a conforming structure
may add additional uses allowed in the same zoning district as the
existing use is allowed and for which applicable permits are obtained.
B.
Nonconforming Structures. In addition to the nonconforming structures identified in nonconforming uses and structures in subsection C of this section, the following nonconforming structures may continue subject to the following provisions:
1.
Changes to a Structure. The addition, enlargement, extension,
reconstruction, relocation, or structural alteration of a nonconforming
structure, may only be allowed in compliance with the following provisions:
a.
Changes to a Nonconforming Structure. The alteration,
extension, expansion, or enlargement of the area within a nonconforming
structure, or the addition of a structure(s) used in conjunction with
a nonconforming structure, may only be allowed under the following
circumstances:
i.
Any alteration (e.g., a simple cosmetic or structural change which
does not include an addition or expansion to the structure's building
envelope) to a nonconforming structure shall be allowed without limitation
or restriction except for compliance with all current applicable building,
health, and safety standards;
ii.
To the extent required by a subsequently enacted or adopted law,
ordinance, or regulation, as determined by the Director;
iii.
Additions may be made to an existing nonconforming structure, which is designed for and used exclusively as a single-family residence, duplex, or triplex, as defined in Chapter 16.240 (Definitions), provided the additions:
(A)
Provide parking in compliance with Table 3-9 (Parking Requirements
by Land Use), unless existing physical constraints limit the amount
of parking that can be provided and a waiver is granted by the Director.
(B)
Shall not:
(1)
Increase the number of dwelling units in the structure;
(2)
Occupy the only portion of a site, which can be
used for required parking space or necessary access;
(3)
Encroach into, or increase the encroachment of,
a setback area; or
(4)
Increase area coverage beyond that allowed by this
Development Code, or to a percentage greater than already exists if
the structure is presently nonconforming in terms of allowable area
coverage.
iv.
Additions may be made to a nonresidential structure that is nonconforming
only because the structure does not comply with one or more property
development standards and is not in violation of any other provisions
of this Development Code provided the addition complies with all applicable
development standards (e.g., height, setbacks, fences, landscaping,
etc.) of this Development Code. The existing structure and related
portion of the parcel are not required to be brought into compliance
with this Development Code.
b.
Relocation. If a nonconforming structure is moved/relocated
for any reason for any distance, the structure shall conform to the
applicable provisions/standards of the zoning district in which it
is located.
c.
Modifications. The additions allowed by subsection (B)(1) of this section (Changes to a structure) shall not be interpreted to authorize the adjustment or modification of any provision of this Development Code. Any adjustment or modification would require the approval of a variance in compliance with Chapter 16.172.
2.
Change in Use of Nonconforming Structures. The use of
a legal nonconforming structure may be changed to any use allowed
in the zoning district in which it is located, provided it meets the
requirements, provisions, and standards identified for that use.
3.
Maintenance and Repair. A nonconforming structure may
undergo ordinary and necessary maintenance and repairs in compliance
with the following provisions:
4.
Seismic Retrofitting/Building Code Compliance. Repairs
or alterations otherwise required by law shall be allowed in compliance
with the following provisions:
a.
Unreinforced Masonry Structures. Unreinforced masonry
structures which require alteration or demolition to comply with local
or State requirements to add seismic strengthening to existing structures,
may be repaired or reconstructed, regardless of any nonconformity,
provided the reconstruction is allowed by the Building Code; and
b.
Building Code Requirements. Reconstruction required to comply with Building Code requirements shall be allowed, without cost limitations, provided the retrofitting/code compliance is limited exclusively to compliance with earthquake safety standards, as identified in subsection (B)(4)(a) of this section (Unreinforced masonry structures), health and safety regulations (e.g., repair or reconstruction to correct a serious health and/or safety violation, etc.), and other applicable Building Code requirements, including State law (e.g., Title 24, California Code of Regulations, etc.).
5.
Parking Requirements. The addition, enlargement, extension, reconstruction, relocation, structural alteration, or reestablishment or change in use of a structure that is nonconforming only because the structure does not comply with the parking and/or loading requirements of Chapter 16.64 (Off-Street Parking and Loading Standards), may be allowed in compliance with Section 16.64.050(H) (Nonconforming uses and structures).
C.
Nonconforming Uses and/or Structures. The following requirements
shall apply.
1.
Continued Use or Structure. In addition to the nonconforming uses, subsection A of this section, and nonconforming structures, subsection B of this section, a nonconforming use or structure may continue subject to the following provisions:
a.
Public Uses. A publicly-owned use or structure, including
a fire station, library, park, police station, school, and other public
site(s), which does not comply with the required standards and provisions
of this Development Code, may be added to, altered, or extended if
the addition, alteration, or extension does not extend beyond the
boundaries of the original site. Nothing in this chapter shall be
construed to require the discontinuance, removal, or termination of
a publicly-owned use or structure.
b.
Public Utilities. A public utility use or structure,
may be added to, altered, or extended if the addition, alteration,
or extension does not change the use or extend beyond the boundaries
of the original site. The public utility use or structure includes
equipment or other facilities for operating purposes, which were legally
established or constructed, but which do not comply with the provisions
of this Development Code; it does not include offices, service centers,
or yards. Nothing in this chapter shall be construed to require the
discontinuance, removal, or termination of a public utility use or
structure.
2.
Nuisances. In the event that a legal nonconforming use
or structure is found to constitute a public nuisance, the Director
shall take the following appropriate action(s):
b.
Revocation or Modification. Revocation or modification in compliance with Chapter 16.108 (Revocations and Modifications).
c.
Use Permit. Refer any written complaint to the Commission
that:
i.
Is filled by an aggrieved person; or
ii.
Alleges that the nonconforming use has become a public nuisance either
through a decline in appearance; through the emission of noise, smoke,
or vibrations; or by becoming a persistent police problem through
the conduct of its operations. The Commission may require the removal
of the nonconforming use after a public hearing.
3.
Unlawful Uses and Structures.
a.
Uses and structures which do not comply with the applicable provisions of this Development Code or prior planning and zoning regulations when established are violations of this Development Code and are subject to the provisions of Chapter 16.224 (Enforcement).
b.
The right to continue occupancy of property containing an illegal
use or structure is not granted by this chapter.
c.
The activity shall not be lawfully allowed to continue unless or
until permits and entitlements required by this Development Code and
the Municipal Code are first obtained.
D.
Nonconforming Parcels or Zoning District Areas. Except as
otherwise provided in this Development Code, nonconforming parcels
or zoning districts shall comply with the following:
1.
Reduction in Parcel Size—Prohibited. Where structures
have been erected on a nonconforming parcel, the parcel shall not
be later divided so as to reduce the building site area and/or frontage
below the requirements of the applicable zoning district or other
applicable provisions of this Development Code, or that makes the
use of the parcel more nonconforming.
2.
Two or More Adjoining Parcels Under One Ownership.
a.
Single Ownership. If two or more adjoining parcels,
or a combination of parcels or portions of parcels, with continuous
frontage in single-ownership do not meet the minimum requirements
established for parcel area or width, the land involved shall be considered
to be a single building site for purposes of this paragraph.
b.
No Reduction in Compliance. Any portion of the building
site shall not be used or sold in a manner which reduces the degree
of compliance with parcel area or width requirements for the zoning
district in which the parcel(s) is located.
c.
Further Division—Prohibited. Any division of a
parcel shall not be made which creates a parcel area or width below
the minimum requirements for the zoning district in which the parcel(s)
is located.
3.
Substandard Parcels or Zoning District Areas. Existing
substandard parcels or land areas not meeting the zoning district
area requirements for the CL or CA zoning district may be developed
and existing structures on the parcel or zoning district area may
be added to, enlarged, extended, reconstructed, relocated, or structurally
altered, provided any use or structure(s) is in compliance with all
provisions, other than parcel or zoning district area size, of this
Development Code.
(Prior code § 16-750.040; Ord. 023-07 C.S. §§ 130, 131; Ord. 2022-07-12-1601-02 C.S. § 32)
A.
Conformity of Uses Requiring Use Permits. Any use existing
without a use permit at the time of adoption of this Development Code,
in a zoning district that under this Development Code only allows
the use provided a use permit is first obtained, shall be deemed a
legal nonconforming use that does not require a use permit, but only
to the extent that it previously existed (e.g., maintain the same
parcel area boundaries, hours of operation, etc.).
B.
Previous Use Permits in Effect.
1.
Continuation Allowed. Any use that has obtained a use
permit issued in compliance with the regulations requiring a use permit
for the specific type of land use activity in effect at the time of
application, but which is no longer allowed, with or without a use
permit under this Development Code, may continue as a legal nonconforming
use.
2.
Limits on Continuation. The use may only continue in
compliance with the provisions and terms of the original use permit.
If the use permit identified a termination date, then the use shall
terminate in compliance with the original permit.
(Prior code § 16-750.050)
The nonconforming status shall no longer apply to a use or structure
in the following circumstances:
A.
Exemptions. The following uses and structures shall maintain
their nonconforming status if they are involuntarily damaged, demolished,
or destroyed:
1.
Residential Dwelling Units. Residential dwelling units
(e.g., single-family, multifamily, duplexes, triplexes, and townhouses)
and their ancillary parking structure and other accessory structures
are exempt from the requirements of this section and may be rebuilt
provided:
a.
The original structure(s) is legally nonconforming;
b.
The extent of the nonconformity is not increased in compliance with
the following:
i.
The structure(s) may be rebuilt using the same development standards
applied to the damaged, demolished, or destroyed structure(s) (e.g.,
building envelope, density, height, and number of dwelling units);
and
ii.
The structure(s) shall be rebuilt in the same footprint (location
and size) as the damaged, demolished, or destroyed structure(s), except
if relocating the structure(s) would allow the same sized structure(s)
to meet current setback requirements;
c.
Reconstruction begins within 12 months of the structure(s) being
damaged, demolished, or destroyed and is diligently pursued to completion;
and
d.
The new structure(s) meets all current applicable building, health,
and safety standards.
2.
Nonresidential Structures Deemed Nonconforming as a Result
of a Street Widening. Nonresidential structures deemed nonconforming
as a result of a street widening may be rebuilt provided all of the
following criteria are met:
B.
Termination by Change of Use. Changing a nonconforming use
to a conforming use.
C.
Termination by Discontinuance. Except when extended in compliance with this chapter or the provisions of Chapter 16.168 (Use Permits), discontinuance of a nonconforming use or structure, nonconforming due to use, shall result in the use or structure losing its nonconforming status if the use is ceased or discontinued for a continuous period of at least one year from:
1.
Voluntary. The date the use is voluntarily ceased or
discontinued; or
2.
Involuntary. The date the owner is notified of the requirement
to reestablish the involuntarily discontinued use.
3.
Extension. The owner may request a one year extension
if evidence shall be submitted to the Community Development Department
indicating the owner has made a "good faith" effort to continue the
nonconforming use. Evidence can include leasing agreements, occupancy
or building records, and marketing brochures. Only one extension can
be granted and will be based on the Voluntary or Involuntary date as shown above.
D.
Termination by Destruction. A nonconforming structure(s),
or a conforming structure(s) used for a nonconforming use, involuntarily
damaged, demolished, or destroyed may be repaired or rebuilt and re-occupied
only as follows:
1.
Cost of Repair—Not Exceeding 50 Percent. If the
cost of repairing or replacing the damaged portion of the structure(s)
does not exceed 50 percent of its market value as determined on the
last equalized assessment roll at the time of destruction or by an
appraisal which was prepared within the last 12 months by a licensed
appraiser, whichever is greater, the structure may be restored and
the use continued, provided the following conditions are met:
2.
Cost of Repair—Exceeding 50 Percent. If the cost
of repairing or replacing the damaged portion of the structure(s)
does exceed 50 percent of its market value as determined on the last
equalized assessment roll at the time of destruction or by an appraisal
which was prepared within the last 12 months by a licensed appraiser,
whichever is greater, the structure may not be restored and the use
continued, except as otherwise provided in this chapter.
(Prior code § 16-750.060; Ord. 023-07 C.S. § 132; Ord. 2022-07-12-1601-02 C.S. § 33)
