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The nonconforming status of a use, structure or physical improvements shall terminate under the following conditions:
(A) Discontinuance.
(1) If the nonconforming use of land, a nonconforming use of a conforming structure, a conforming use of a nonconforming structure, or use of nonconforming physical improvements is discontinued for a continuous period of 365 calendar days or more, all rights to legal nonconforming status shall terminate.
(2) The Director of Community Development shall base a determination of discontinuance on evidence including the removal of equipment, furniture, machinery, structures, or other components of the nonconformity, disconnected or discontinued utilities, or lack of business license, business receipts or records to document continued operation.
(3) Without further action by the city, any further use of the land, structure or physical improvements shall comply with all of the regulations of the applicable zoning district and all other applicable provisions of this zoning code and city-adopted design guidelines.
(B) Destruction. Except for single-family, duplex and multifamily structures as provided by § 9-5.3006(B), nonconforming status shall terminate if a nonconforming structure, conforming structure occupied by a nonconforming use or nonconforming physical improvements are involuntarily damaged or destroyed by earthquake, explosion, fire, or other calamity, except as follows:
(1) Less than 50 percent. If the cost of repairing or replacing the damaged portion of the nonconforming structure or physical improvements is 50% or less of the assessed value immediately before the involuntary damage, the structure or physical improvements may be restored to the same size, and the use continued as before; provided, that permits have been obtained and the restoration work is started within 12 months of the date of the damage, and the work is continuously pursued to completion within 12 months from the date building permits were issued. The Director of Community Development may extend these time limits if presented with evidence that there are external factors, such as insurance company payouts or hazardous material contamination, that prevent a property owner from proceeding with restoration within 12 months of the date of damage, as documented to the satisfaction of the Director of Community Development with evidence furnished by the applicant.
(2) Greater than 50 percent. If the cost of repairing or replacing the damaged portion of the nonconforming structure or physical improvements is greater than 50% of the assessed value immediately prior to the involuntary damage, neither the structure nor the physical improvement shall be reconstructed, repaired, or restored, except in conformity with the requirements of the applicable zoning district.
(Ord. 2163-C-S, passed 3-12-19)
(A) Legal building site. A nonconforming parcel that does not comply with the applicable area, width, or depth requirements of the zoning code shall be considered a legal building site if it meets at least one of the following criteria, as documented to the satisfaction of the Director of Community Development with evidence furnished by the applicant.
(1) Approved subdivision. The parcel was created by a recorded subdivision;
(2) Individual parcel legally created by deed. The parcel is under one ownership and of record, and was legally created by a recorded deed before the effective date of the zoning amendment that made the parcel nonconforming;
(3) Variance or lot line adjustment. The parcel was approved through a variance procedure or resulted from a lot line adjustment; or
(4) Partial government acquisition. The parcel was created in compliance with the provisions of this zoning code, but was made nonconforming when a portion was acquired by a governmental entity so that the parcel size is decreased not more than 20% and the yard facing a public right-of-way was decreased not more than 50%.
(B) Subdivision or lot line adjustment.
(1) No subdivision or lot line adjustment shall be approved that would increase the nonconformity of an existing parcel.
(2) No subdivision or lot line adjustment shall be approved for a parcel that contains a nonconforming use on the parcel.
(Ord. 2163-C-S, passed 3-12-19)
(A) Historic structures. Nonconforming structures of historical significance may be altered or enlarged without conforming to the zoning district requirements, provided the historic structure is:
(1) Designated by the city as an historic site or structure as listed in the general plan;
(2) Designated as a California State Historic Landmark or a National Register Site; and
(3) Proposed to be altered or enlarged in such a way that once completed the entire structure represents an authentic replica of the original structure.
(B) Nonconforming residential structures.
(1) Nonconforming single-family, duplex and multifamily dwelling units that have been involuntarily damaged or destroyed by earthquake, explosion, fire, flood, wind, or other calamity, may be reconstructed or replaced with a new structure using the same development standards applied to the damaged or destroyed structure (e.g., building footprint, building height, density standards, number of dwelling units, setbacks, and square footage), provided:
(a) The applicant provides sufficient documentation supporting the claim that the damage or destruction occurred involuntarily;
(b) There is no expansion of the gross floor area or number of dwelling units;
(c) The replacement structure complies with the building code, and will not be detrimental to the public health, safety, or welfare or materially injurious to the properties or improvements in the immediate vicinity of the replacement structure; and
(d) A building permit is issued no later than 12 months after the date of destruction, and construction is diligently pursued to completion. The Director of Community Development may extend these time limits if presented with evidence that there are external factors, such as insurance company payouts or hazardous material contamination, that prevent a property owner from proceeding with restoration within 12 months of the date of damage, as documented to the satisfaction of the Director of Community Development with evidence furnished by the applicant.
(2) If the preceding requirements are not met, the replacement structure shall comply with all of the regulations of the applicable zoning district in effect on the date of application for a building permit.
(C) Nonconforming upon annexation. Nonconforming uses, structures, and/or physical improvements which lawfully exist on the date the property is annexed to the city, and which do not conform to this title and the city’s adopted design guidelines, may continue to exist and, upon annexation, shall be deemed nonconforming and subject to the provisions of this article.
(D) Approved uses, structures and physical improvements not yet established or constructed.
(1) A use, structure or physical improvements for which a planning or building permit was approved and issued, but not yet established or construction completed before the effective date of the ordinance codified in this article, may be completed, provided the work is diligently pursued to completion.
(2) If upon establishment or completion, a use, structure or physical improvements, referenced in division (D)(1) of this section, or parts thereof, are not in compliance with the zoning code, they shall be deemed to be nonconforming and shall thereafter be subject to the provisions of this article.
(3) For the purpose of this section, the provisions of Title 8, Chapter 1 (Building Code) shall govern the determination of whether the permit has been exercised in a timely manner.
(Ord. 2163-C-S, passed 3-12-19)
(A) Violations. Uses, structures and physical improvements which do not comply with the applicable provisions of this zoning code when established are violations of this title and are subject to the regulations of this code.
(B) Continuance of public nuisances prohibited. The provisions of this chapter do not allow, and shall not be interpreted to allow, the continuance of a use, structure or physical improvement which is deemed a public nuisance, or which is prohibited or otherwise made unlawful, in whole or in part, by this code (including any adopted building code or fire code) or by laws enacted by the state or federal government which are applicable to the city.
(C) Enforcement. In the event that a nonconforming use, structure or physical improvement is found to constitute a public nuisance, appropriate action shall be taken by the city in compliance with the municipal code. Any violation of the zoning code can be deemed to be evidence of a public nuisance.
(Ord. 2163-C-S, passed 3-12-19)
ARTICLE 31: CONDOMINIUM CONVERSIONS
The intent and purposes of this article are as follows:
(A) To establish requirements and procedures for the review of the conversion of existing multiple-family rental housing to residential condominiums;
(B) To establish criteria for conversions by requiring conformance with the Building Code as adopted by the City Code and other standards established by this article;
(C) To ensure adequate amenities are provided;
(D) To provide for meeting the goals and objectives of the General Plan;
(E) To provide a desirable balance of rental and ownership housing within the city and a variety of individual choices of housing type, price, and location;
(F) To ensure the conversion of rental units to cooperative/condominiums does not result in the displacement of significant numbers of low and moderate income households, and that the mitigation of such displacement is provided by the applicant and consistent with the policies set forth in the General Plan;
(G) To ensure converted housing and development sites achieve the same high quality appearance and safety required of newly constructed condominiums these projects shall be consistent with surrounding neighborhoods, all applicable city codes and ordinances, and the policies set forth in the General Plan; and
(H) To provide notice of the conversion to existing tenants and give priority for the purchase of converted units to existing tenants as required by state laws.
(Ord. 1070-C-S, passed 6-13-06)
In addition to the requirements and procedures as set forth by this chapter, the State Subdivision Map Act, State Planning and Zoning Law, and the provisions of this article shall apply to the conversion of all residential condominiums and stock cooperatives, including the conversion of existing multiple-family rental units, to condominiums, community apartments, row houses, townhouses, and stock cooperatives. The State of California statutory references in this article shall also apply to successor legislation or the same of differing section numbers.
(Ord. 1070-C-S, passed 6-13-06)
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