(a) Intent. The purpose of this Section 192 is to establish a time-limited program whereby existing land uses at 3150 18th Street (Assessor’s Parcel Block No. 3573, Lot No. 106), which have operated without required permits, may be permitted notwithstanding the zoning controls imposed by Planning Code Section 210.3.
(b) Legitimization Program for Certain Land Uses. Any Non-Residential or PDR Use at 3150 18th Street that otherwise is not permitted pursuant to Planning Code Section 210.3 may be established as a Legal Non-conforming Use, if it meets all of the following requirements:
(1) If the use is an Office Use, any building permit for such Office Use will be subject to Mandatory Discretionary Review by the Planning Commission;
(2) As of January 15, 2019, it was operating in that location;
(3) As of January 15, 2019, it had a lease with the owner of 3150 18th Street, or it had a written agreement with an entity who has such a lease with the owner to operate in that location; and
(4) Applications for all appropriate permits from any City or State agency to legalize the use are filed within 90 days of the effective date of this Section 192, and the applicant diligently pursues the permit(s) until they are issued.
(c) Notice.
(1) Notice by Planning Department. The Planning Department shall post notice of this legitimization program on its website to describe its contents and requirements in order to assist tenants at 3150 18th Street with participation in this program. The notice shall also inform the public about the uses principally and conditionally permitted in PDR-1-G Districts, as set forth in Planning Code Section 210.3.
(2) Notice by Owner. The owner of 3150 18th Street shall provide written notice to any prospective tenant at this property about the uses principally and conditionally permitted in PDR-1-G Districts, as set forth in Planning Code Section 210.3, prior to entering into any lease with the tenant. The owner of 3150 18th Street shall also provide written notice to its current tenants at this property regarding the legitimization program established by this Section 192, and such notice shall specify the date on which this Section 192 will sunset under subsection (g).
(d) Determination of Applicability.
(1) Initial Determination. The Planning Department shall initially determine, through the review of a building permit, whether a land use at 3150 18th Street meets the conditions set forth in this Section 192. Evidence relevant to said determination may include, but is not limited to, the following: rental or lease agreements, building or other permits, utility records, business licenses, permit applications submitted by a tenant to a City or State agency, permits issued by a City or State agency, and tax records.
(2) Monitoring and Reporting. To ensure that any Non-Residential Use continues to meet the conditions set forth in this Section 192, the owner of 3150 18th Street shall, upon request, provide the Planning Department with information about the uses at the property and copies of the written notices it has provided to prospective and current tenants under subsection (c)(2).
(e) Limitation of Enlargement, Intensification, or Discontinuance. Enlargements, Intensifications, or Discontinuances of eligible uses that follow the legitimization program authorized by this Section 192 shall be subject to the relevant controls applicable under Sections 178, 181, 182, and 183 of this Planning Code.
(f) Compliance with Other Requirements of the Planning Code. Non-Residential Uses that follow the legitimization program authorized by this Section 192 shall comply with all applicable requirements of the Planning Code, other than those requirements from which they are specifically exempted under this Section 192, but such uses shall not be subject to any applicable impact fees imposed by Planning Code Article 4.
(g) Sunset; Abandonment of Legitimized Uses.
(2) All Uses Other Than Office. Unless readopted, this Section 192 shall sunset ten years after effective date of the ordinance in Board File No. 190165. Upon such date, all remaining Legal Non-conforming Uses established through this Section 192 shall lose such non-conforming status, and shall be considered abandoned pursuant to Section 183.
(Added by Ord. 181-19, File No. 190165, App. 8/9/2019, Eff. 9/9/2019)