Certain structures, uses and lots no longer comply with all Zoning Code requirements due to regulations adopted after such structures, uses and lots were legally established. Provided the structures, uses and lots comply with the terms and regulations contained herein and do not cause an adverse impact upon public health, safety, and welfare, this chapter allows the:
A. 
Use and occupancy of nonconforming structures.
B. 
Continued operation of nonconforming uses.
C. 
Development and use of nonconforming lots.
(Ord. 1598)
A. 
Continuation of Nonconforming Structures. A lawful nonconforming structure may be used, occupied and maintained in its current size and configuration.
B. 
Maintenance, Repairs, and Interior Alterations. An owner may perform maintenance, repairs and interior alterations to structures that are lawfully nonconforming or contain lawful nonconforming uses, provided the structure is not enlarged or the nonconforming use is not expanded except as otherwise authorized by this chapter. An owner shall apply for and obtain a building permit for all maintenance, repairs or alterations as required by the Building Code chapter of the municipal code.
1. 
For construction, maintenance, repairs or alterations of accessory dwelling units and junior accessory dwelling units on property with any nonconforming zoning condition, see Section 11.4.05.115 of Chapter 11.4.05 of this title. As used in this paragraph 1 only, the phrase "nonconforming zoning condition" has the meaning set forth in Section 11.4.05.115.B of Chapter 11.4.05.
2. 
For maintenance, repairs and interior alterations of nonconforming historic buildings, see Section 11.4.40.055 of this chapter.
(Ord. 1598; Ord. 1716, 12/9/2024)
A. 
Minor Improvements Requiring Only a Building Permit.
1. 
Skylights.
2. 
Solar systems.
3. 
Windows.
4. 
Decorative exterior improvements.
5. 
Utilities.
6. 
Other similar minor structural improvements as determined by the director.
B. 
Minor Improvements Requiring Director's Review.
1. 
Open roof decks.
2. 
Balconies and porches (not enclosed).
3. 
Roof additions over balconies and porches.
4. 
Roof eaves projecting five feet into the required rear yard setback in the RLD-9 District, along Ocean Avenue between First Street and Eighth Street.
5. 
Exterior doors.
6. 
Garages, carports, and additional covered parking spaces.
7. 
Interior wall modifications and remodeling which involves removal of or structural alteration to less than 25% of the structure's interior walls. Such interior wall modifications or remodeling may increase the number of bathrooms provided that the number does not exceed the following bedroom/bathroom ratio: one bath for each bedroom plus an additional half-bath. The number of bedrooms shall not be increased if the subject property is nonconforming due to density or parking.
8. 
Reduction in the number of units involving removal or structural alteration to less than 50% of the structure's interior walls.
9. 
Other similar minor improvements, as determined by the director.
(Ord. 1598; Ord. 1716, 12/9/2024)
Alterations and Additions Permitted Through a Director's Review. Except as otherwise provided in paragraphs 1 and 2 of this section, single-family and multifamily residential structures that are lawfully nonconforming only with respect to height, setbacks, density, and parking may be altered, renovated, and enlarged provided that the alteration, renovation or enlargement does not increase or intensify the nonconformity and the alteration, renovation or enlargement is consistent with current development standards including, but not limited to, height, setbacks and lot coverage.
1. 
For alterations and additions to construct an accessory dwelling unit or junior accessory dwelling unit in residential structures with any nonconforming zoning condition, see Section 11.4.40.010.B.1 of this chapter and Section 11.4.05.115 of Chapter 11.4.05. As used in this paragraph 1 only, the phrase "nonconforming zoning condition" has the meaning set forth in Section 11.4.05.115.B.10 of Chapter 11.4.05.
2. 
For maintenance, repairs and interior alterations of nonconforming historic buildings, see Sections 11.4.40.010.B.2 and 11.4.40.055 of this chapter.
(Ord. 1598; Ord. 1611; Ord. 1716, 12/9/2024)
The building official shall determine the value of improvements by considering the total cost of all construction for which a permit is required, including: finish work, painting, roofing, electrical, plumbing, heating, air conditioning, and any permanent work or permanent equipment.
(Ord. 1598)
A. 
Nonresidential Property Exceptions.
1. 
Substandard Yards or Open Space. A structure that is nonconforming only because of substandard yards or open space may be altered or expanded; provided that any alteration or expansion does not further reduce the size of required yards and open space.
2. 
Commercial Centers over 20 Acres—Inadequate Landscaping. A commercial center over 20 acres in size that is nonconforming only because of inadequate landscaping may be altered or expanded:
a. 
Upon receiving a building permit if seven percent or more of its total lot area is landscaped.
b. 
Upon the approval of a conditional use permit pursuant to Chapter 11.5.20: Development Permits, if less than seven percent of its total lot area is landscaped. Provided the center remains in compliance with the terms and conditions of the conditional use permit, a building permit may be issued for subsequent alterations and expansions.
i. 
Landscape Program. All applications for a conditional use permit shall be accompanied by a: proposed landscape program showing landscaping proposed for a minimum of seven percent of the total lot area; schedule; and site plan of the center, drawn to scale and indicating, but not limited to, the following information:
(a) 
Lot dimensions;
(b) 
Location, size and total square footage of all structures;
(c) 
Location and number of parking spaces;
(d) 
Pedestrian, vehicular and service access;
(e) 
Common areas; and
(f) 
Location and square footage of existing landscaping.
ii. 
Approval of Landscape Program. The planning commission shall approve a proposed landscape program if such program provides for the installation of the required amount of landscaping within a reasonable period of time, taking into consideration, among other factors, the total lot area of the center, the number of businesses within the center, the existing amount of landscaping, and the cost to comply with the landscaping required.
3. 
Main Street Specific Plan District. A structure located within the Main Street Specific Plan District that is nonconforming only because of inadequate parking may be altered or expanded, and/or its use expanded or changed, provided:
a. 
The alteration, expansion or change does not further reduce the existing number of parking spaces, and
b. 
The owner supplies additional parking spaces to meet the parking requirements for the difference in area between the existing building and the altered or expanded building, and
c. 
The owner supplies additional parking spaces to meet any increase in parking requirements for the expanded or new use.
If a property owner cannot meet off-street parking requirements, the owner may pay an in-lieu fee pursuant to the provisions of Section 11.4.20.020.D: Main Street Specific Plan District In-Lieu Parking Program.
(Ord. 1598; Ord. 1611; Ord. 1716, 12/9/2024)
A. 
Replacement with a More Conforming Use. The commission may grant a conditional use permit pursuant to Chapter 11.5.20: Development Permits, to replace a nonconforming use with another nonconforming use only if the commission finds that the new use is more conforming to the general plan and zoning ordinance than the previous use.
B. 
Expansion Within a Conforming Structure. The commission may grant a conditional use permit pursuant to Chapter 11.5.20: Development Permits, to expand a nonconforming use occupying a portion of a legally conforming structure.
C. 
Expansion within a Nonconforming Structure. The commission may grant a conditional use permit pursuant to Chapter 11.5.20: Development Permits, to expand a nonconforming use in a nonconforming structure, provided the structure conforms to the requirements of the California Building Code and any structural expansion meets the requirements of this zoning code and the California Building Code.
D. 
Expansion within a Structure That Does Not Conform to the California Building Code. The commission may grant a conditional use permit pursuant to Chapter 11.5.20: Development Permits, to expand a nonconforming use in a structure that does not conform to the California Building Code only if the structure is brought into conformance with all applicable California Building Code requirements.
(Ord. 1598)
Any property owner may apply for a conditional use permit pursuant to Chapter 11.5.20: Development Permits, to conform a use that became nonconforming upon the adoption of an ordinance requiring a use permit for the use. Such application shall be filed within one year of the effective date of such ordinance unless the planning commission provides additional time to file.
(Ord. 1598)
A. 
Nonconforming Uses Abandoned After 6 Months. Except as provided in subsection B: Conditional Use Permit Required for Reestablishment of Abandoned Uses, no nonconforming use may be resumed, reestablished, re-opened or replaced by another nonconforming use after it has been abandoned or vacated for 6 months or more.
B. 
Conditional Use Permit Required for Reestablishment of Abandoned Uses. Notwithstanding subsection A of this section, the planning commission may grant a conditional use permit pursuant to Chapter 11.5.20: Development Permits, reestablishing a nonconforming use in a legally established structure. In addition to making any other findings required pursuant to this code, the commission shall consider whether:
1. 
The structure has been abandoned or vacant less than one year, and the owner has made diligent efforts to replace the nonconforming use with a similar use or a more conforming use.
2. 
The structure cannot be used for any conforming use because of its original design or because of lawful structural changes made for a previous use.
3. 
The structure can be reasonably expected to remain in active use for a period of 20 years without requiring repairs or maintenance in excess of 50% of the assessed value of the structure, as determined in accordance with this chapter, within any 5-year period.
4. 
The structure can be modified to decrease the extent of any nonconformities and to increase compliance with current development standards.
5. 
The use will be detrimental to surrounding uses.
In addition to imposing other reasonable conditions of approval, the commission may impose a time limit on the duration of the nonconforming use.
(Ord. 1598)
A. 
Damage Equal to or Less than 50%. A nonconforming structure damaged 50% or less of its replacement cost by fire, explosion or other occurrence may be restored and the use that existed therein at the time of the occurrence may be continued in the same manner that lawfully existed prior to the occurrence. For the purposes of this section, replacement cost shall be determined as of the day immediately prior to the occurrence.
B. 
Residential Structure—Damage Greater than 50%. A nonconforming residential building damaged to the extent of more than 50% of its replacement cost by fire, explosion or other occurrence may be restored and reoccupied in the same residential manner that lawfully existed prior to the occurrence, as follows:
1. 
Reconstruction Pursuant to Building Permit. The director may issue a building permit to reconstruct the damaged structure, provided:
a. 
The owner provides the applicable minimum number of standard, open and accessible covered parking spaces.
b. 
The property meets or exceeds minimum setbacks required by this title.
c. 
The reconstructed building does not exceed the maximum height standards of this title.
d. 
The number of units on the property shall not exceed the number of units legally existing at the time of the occurrence, or one unit for each 950 square feet of lot area, whichever is less. For the purpose of calculating density, all fractions of units shall be rounded to the next highest whole number.
2. 
Reconstruction Pursuant to Minor Use Permit. If the owner is unable to provide the minimum number of required parking spaces, the planning commission may issue a minor use permit pursuant to Chapter 11.5.20: Development Permits, to reconstruct the damaged structure, provided:
a. 
The owner provides a minimum of one standard, open and accessible covered parking space for each unit. Tandem spaces existing at the time of the occurrence shall be restored, but interior spaces shall not be counted in satisfying the requirement of one space per unit.
b. 
The property meets or exceeds minimum setbacks required by this title.
c. 
The reconstructed structure does not exceed the maximum height standards of this title.
d. 
The number of units on the property shall not exceed the number of units legally existing at the time of the occurrence, or one unit for each 950 square feet of lot area, whichever is less. For the purpose of calculating density, all fractions of units shall be rounded to the next highest whole number.
3. 
General Provisions. In addition to the specific provisions of paragraphs 1 and 2, above:
a. 
There shall be no increase in the habitable area, unless this title allows additional habitable space.
b. 
There shall be no increase in the number of units, unless this title allows additional units.
c. 
No units measuring less than 500 square feet may be restored unless the director makes the following findings:
i. 
All units and rooms meet the minimums established for residential occupancies under the California Building Code.
ii. 
All feasible area has been utilized to enlarge substandard units, given the availability and location of space on the site, or the constraints imposed by parking requirements and the existing sound primary structure.
iii. 
In the case of a junior accessory dwelling unit, prior to the event causing the damage, the subject unit complied with the minimum and maximum size requirements of Section 11.4.05.115 of this code.
d. 
Any entitlement conferred by a permit issued pursuant to this section shall expire if reconstruction does not commence within one year from the date of issuance, in which case the nonconforming structure or use shall be considered abandoned and subject to Section 11.4.40.045: Abandonment of Nonconforming Uses; Conditional Use Permit for Reestablishment of Abandoned Uses.
e. 
The building official shall determine replacement cost, using valuation methods adopted by the building official. If the property owner disputes the building official's determination, the owner may, at its own cost, hire a licensed appraiser, approved by the building official, to determine replacement cost.
C. 
Minor Use Permit; Nonresidential Structure Damaged More than 50%. The planning commission may issue a minor use permit pursuant to Chapter 11.5.20: Development Permits, to restore a nonconforming nonresidential structure damaged to the extent of more than 50% of its replacement cost by fire, explosion or other occurrence provided:
1. 
The owner provides, at a minimum, the same number of on-site parking spaces as were provided as of the day immediately prior to the occurrence. The owner shall increase the ratio of parking to square footage, either by reducing the square footage or by providing additional parking on-site. The city may not require a reduction in square footage of more than 25%.
2. 
The property meets or exceeds minimum setbacks required by this title.
3. 
The reconstructed structure does not exceed the maximum height standards of this title.
D. 
Director and Building Official Review—Legality of Existing Improvements. The owner of any damaged nonconforming structure is responsible for establishing the lawful existence of all improvements in the course of the reconstruction process. The owner may apply for a city determination of the structural integrity of the structure and the legality of improvements. The master fee schedule establishes the fee for such determination. Upon application, the building official shall inspect the interior and exterior of the structure and review city planning and building files. Following the review, the director shall issue a statement of findings, which shall be final and conclusive unless appealed to the planning commission. The owner may obtain information contained in the city's public records regarding the owner's nonconforming structure without filing the application provided hereunder.
E. 
Alternate Procedures After a Natural Disaster. The city council may adopt alternative procedures for the approval of the reconstruction of nonconforming structures damaged by a natural disaster. See also Part I: General Provisions; Section 11.1.05.025.F: Application During Local Emergency.
F. 
Reassessment Procedure. Pursuant to California Government Code Section 43007, every person who on the lien date of any year was the owner of, or had in such person's possession, or under such person's control, any taxable improvement, which improvement was thereafter destroyed without such person's fault by fire or by any other means prior to July 31st of that year and cannot be thereafter rebuilt because of a zoning prohibition, may on or before such date as may be prescribed by the county assessor, or by state law, apply for the reassessment of such improvement and deliver to the county assessor a written statement under oath, accompanied by a certificate of a disinterested competent person or authority showing the condition and value, if any, of the improvement immediately after the destruction, and the county assessor shall, on or before October 31st of that year assess the improvement, or reassess it if it has already been assessed, according to the condition and value immediately after the destruction and upon such notice as it may find to be proper the board of supervisors of the county may, until November 30th of that year equalize any such assessment or reassessment. The tax rate fixed for property on the roll on which the improvement so assessed appears or the improvement so reassessed appeared at the time of its original assessment shall be applied to the amount of equalized assessment or reassessment determined in accordance with the provisions hereof. In the event that the resulting figure is less than the tax theretofore computed, the taxpayer shall be liable for tax only for the lesser amount and the difference shall be cancelled. If the taxpayer has already paid the tax previously computed, such difference shall be refunded to the taxpayer.
(Ord. 1598; Ord. 1716, 12/9/2024)
A. 
The planning commission may issue a conditional use permit pursuant to Chapter 11.5.20: Development Permits, to preserve, renovate or rebuild any locally recognized historic nonconforming building, provided it finds, in addition to the findings required by Chapter 11.5.20: Development Permits, that:
1. 
The building has local historic significance; or
2. 
The architecture has local historic significance.
B. 
The planning commission may authorize deviations from the municipal code necessary to preserve the structure or its historical significance, provided it finds that:
1. 
The deviation is necessary to preserve the existing architecture.
2. 
The owner has executed and recorded all agreements necessary to ensure preservation.
3. 
The building is structurally sound.
C. 
The commission may impose any reasonable conditions.
(Ord. 1598)
A. 
Minimum Legal Area and Dimensions of Lots of Record. Any lawfully created lot that does not have applicable minimum area, frontage, width or depth may be developed for any use permitted by applicable zoning, provided:
1. 
The lot is shown on a duly approved and recorded subdivision map or record of survey map or described in a deed or valid contract of sale of record prior to the adoption of the ordinance that made the lot nonconforming.
2. 
The lot's area, frontage, width and depth were legal at the time that the instrument creating the lot became of record.
3. 
The lot conforms to all applicable regulations, other than minimum area, frontage, width or depth.
Table 11.4.40.065: Minimum Legal Area and Dimensions of Lots of Record, sets forth legally acceptable minimum lot areas and widths.
B. 
No lot area, yard or open space shall be reduced below minimum zoning requirements, nor shall the density be increased except in conformity with the regulations established by this chapter.
C. 
The minimum width of corner lots shall be 10% greater than the minimum width for non-corner lots.
D. 
When any lot contains a greater area than the required minimum lot area for the zone in which it is located, said lot may be divided into individual lots provided each resulting lot contains the applicable minimum required area, frontage, width or depth.
E. 
These provisions notwithstanding, the city may merge substandard lots as provided for in Title 10: Subdivisions, Chapter 10.35: Lot Line Adjustments, Mergers, Certificates of Compliance and Reversion to Acreage, and pursuant to the Map Act.
Table 11.4.40.065
Minimum Legal Area and Dimensions of Lots of Record
Time Period
Ordinance/Section
Area Zone
Minimum Area
(Square Feet)
Minimum Width
(Feet)
Prior to 1-18-55
Ordinance 406
 
 
 
 
 
R-1
2,400
25
 
 
R-2
2,400
25
 
 
R-3
2,400
25
1-18-55 to 1-15-66
Section 21-8
 
 
 
 
 
R-1
5,000
50*
 
 
R-2
5,000
50*
 
 
R-3
5,000
50*
1-15-66 to 6-26-74
Section 21-8
 
 
 
 
 
R-1 (RLD)
7,000
70
 
 
R-2 (RMD)
7,000
70
 
 
R-3 (RHD)
7,000
70
6-26-74 to 4-10-91
Ordinance 948
 
 
 
 
 
R-1 (RLD)
5,000
50*
 
 
R-2 (RMD)
5,000
50*
 
 
R-3 (RHD)
5,000
50*
*
Minimum corner lot width - 55 feet.
(Ord. 1598)
Notwithstanding any other provision of the zoning code, including, but not limited to, Section 11.4.40.045, any use or structure legally established on a property previously zoned for light manufacturing that is made nonconforming by the city-initiated rezoning of the property for residential use may continue as or convert to any nonconforming use or structure consistent with the prior light manufacturing designation of the property.
(Ord. 1626)
A. 
Replacement of a residential structure nonconforming due to density through a director's review. Except as otherwise provided in subsection B of this section, residential structures nonconforming due to density may be demolished and replaced by a residential structure(s) with the equivalent number of dwelling units and with the same number and type of parking spaces that were provided prior to the demolition. Nonconforming aspects of the original structure, such as height and setbacks, may be reestablished only if necessary to provide the equivalent number of dwelling units and parking spaces that were previously provided, as determined by the director. However, any nonconformity that was not present prior to the demolition shall not be permitted. Any expansion beyond what was originally existing shall be consistent with current development standards including, but not limited to, height, setbacks, and lot coverage.
B. 
Replacement of vacant or occupied protected units in residential structure nonconforming due to density through a director's review. If a proposed project will require the demolition of one or more occupied or vacant protected units (as defined in Government Code Section 66300.5), the proposed demolition and replacement of protected units will be reviewed in accordance with Government Code Sections 66300.5 and 66300.6, as may be amended from time to time
(Ord. 1716, 12/9/2024)