Notwithstanding any other provision of this chapter, the reconstruction of any nonconforming multiple-family dwelling or two-family dwelling that is damaged or destroyed by fire, earthquake or other casualty event may be allowed, if a conditional use permit is obtained pursuant to Chapter 18.66 (Conditional Use Permit). If a complete conditional use permit application is not filed within two (2) years of the date of casualty, the right to maintain the nonconforming use or structure shall cease. The approval of a use permit does not change the status of the use or structure to a conforming use or structure.
.010 Criteria for Denial. Rebuilding may be prohibited (or reduced to below pre-casualty size or density) only if the building is located in an industrial zone, or if both of the following findings are made:
.0101 The reconstruction 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
.0102 The nonconforming residential use would be more appropriately moved to a zone in which the use is permitted.
.020 Degree of Rebuilding. If approved for rebuilding, the building(s) may be reconstructed up to its pre-casualty size and number of dwelling units. Any accessory pre-casualty nonconforming use (if applicable) may also be resumed, at the discretion of the Planning Commission or City Council.
.030 Applicable Regulations. Any reconstruction, restoration, or rebuilding undertaken pursuant to this section shall conform to all of the following:
.0301 All applicable provisions of Section 65852.25 of the California Government Code relating to the rebuilding of nonconforming residences;
.0302 All other applicable provisions of this title and any applicable adopted guidelines and standards,
.0303 There may be no increase in the size and number of pre-casualty dwelling units, unless approved by the Planning Commission or City Council.
.0304 A building permit shall be obtained within the later of one (1) year of the effective date of the conditional use permit, or two (2) years after the date of damage or destruction. If that building permit expires, the right to rebuild to the density approved and the conditional use permit shall also expire. (Ord. 5920 § 1 (part); June 8, 2004.)