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,
Nonstructural Repairs and Interior Alterations. An owner may perform
non-structural repairs and interior alterations to structures that
are nonconforming or contain nonconforming uses, provided the structure
is not enlarged, the life of the structure is not extended or the
nonconforming use is not expanded.
(Ord. 1598)
B.
Minor
Improvements Requiring a Minor Use Permit.
1.
Open roof decks.
2.
Balconies and porches (not enclosed).
3.
Roof additions over balconies and porches.
4.
Roof eaves projecting 5 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)
A.
Conditionally Permitted Alterations and Additions. Subject to subsection B of this section, the planning commission may grant a conditional use permit pursuant to Chapter 11.5.20: Development Permits, for structural alterations or additions to any single unit residence that is nonconforming only with respect to one or more of the following required development standards:
B.
Required Features for Conditionally Permitted Alterations and Additions. No conditional use permit shall be issued pursuant to subsection A unless both of the following requirements are met:
1.
Applicable minimum yard dimensions are maintained; and
2.
The nonconforming side yard setback is no less than 3 feet in width.
Notwithstanding this requirement:
a.
Existing legal nonconforming exterior stairways that comply with
all other applicable provisions of the California Building Code may
be located in the setback.
b.
Side yard setbacks may be less than 3 feet in width on properties
developed pursuant to a precise plan or planned unit development.
(Ord. 1598; Ord. 1611)
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.
Multi-Unit Residential Property. A multi-unit residential structure may not add any habitable space. A multi-unit residential structure may add a patio enclosure not exceeding 200 square feet, as defined in Section 11.6.05.010, provided that the open or glazed area of 2 or more walls shall be equal to at least 50% of the area between the floor plate and ceiling plate within the RHD-PD zone; and 65% of the area between the floor plate and ceiling plate within all other residential zones, and provided all other development standards for the residential zone in which the property is located can be met. A nonresidential structure that is nonconforming or contains a nonconforming use may not be structurally altered or expanded unless such alteration or expansion makes the structure conforming.
B.
Nonresidential
Property.
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 7% 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 7% 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 7% of the total lot area; schedule; and
site plan of the center, drawn to scale and indicating, but not limited
to, the following information:
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)
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.
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)
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:
B.
The
planning commission may authorize deviations from the municipal code
necessary to preserve the structure or its historical significance,
provided it finds that:
C.
The
commission may impose any reasonable conditions.
(Ord. 1598)
The nonconforming use of vacant land shall cease within one
year from the date such use became nonconforming.
(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)
