§ 9182.24. Site Nonconformities - Continuation of Residential Use within a Mixed-Use…

• A. Existing, lawfully established multiple-family residential uses within a Mixed-Use (MU) District with ten (10) or more units per property (except existing mobile home parks) shall obtain the approval of a Development Plan by the Planning Commission pursuant to CMC § 9172.23 (Site Plan and Design Review). An application for a Site Plan and Design Review shall be submitted in accordance with the provisions of this Section within a two (2) year period of the effective date of this Section or prior to the termination of the amortization period, whichever provides the greater amount of time.

When approving a Development Plan, the Commission shall make findings regarding the adequacy of on-site parking and applicable site development standards contained in Part 6 of this Chapter. The Commission shall require, as a condition precedent to continued use of the property under the Development Plan, that a report be submitted by the applicant, which shall provide and include plans to eliminate or mitigate any Building, Plumbing, Electrical and Fire Code deficiencies. The Planning Commission may require additional improvements to the property, or any buildings or structures thereon, which may include but are not limited to the following:

1. New or rehabilitated landscaping;

2. Exterior changes to promote compatibility of buildings and structures with surrounding development;

3. General repairs to vehicular maneuvering or parking areas;

4. Modifications designed to bring a structure more nearly into compliance with the applicable standards for multiple-family residential uses.

• B. Existing, lawfully established multiple-family residential uses located within a Mixed-Use (MU) District with nine (9) or less units per property shall be allowed to continue indefinitely under existing ownership of the property, except that the provision of CMC § 9182.22 shall apply if ownership of the property changes and the use shall be terminated if the property is occupied by structures declared substandard pursuant to Chapter 99 of the Building Code. For purposes of this Section, a change of ownership shall be defined by Sections 60 through 69.5 et sub. of the Revenue and Taxation Code of the State of California.

• (Ord. 06-1363 § 9; Added by Ord. 94-1039 § 15)

§ 9182.25. Site Nonconformities - Continuation of Churches, Temples or Other Places of Religious Worship Located within the CR (Commercial, Regional) Zone or MU-CS (Mixed-Use – Carson Street) Zone.

• A. All existing churches which were lawfully established within the CR (Commercial, Regional) Zone shall be subject to the approval of a Development Plan by the Director of Community Development pursuant to CMC § 9172.23 (Site Plan and Design Review) and CMC § 9138.22 (Church Uses within the CR (Commercial, Regional) Zone). Existing churches, temples, or other places of worship lawfully established within, and prior to the adoption of the MU-CS (MixedUse – Carson Street) Zone shall be subject to the approval of a Site Plan and Design Review pursuant to CMC § 9172.23 as determined by the Planning Commission. An application for a Site Plan and Design Review shall be submitted in accordance with the provisions of this Section within a one (1) year period of the effective date of the ordinance codified in this Section or prior to the termination of the amortization period, whichever provides the greater amount of time.

• B. When approving a Development Plan, the Director of Community Development shall make findings regarding the adequacy of on-site parking and applicable site development standards contained in Part 6 (General Development Standards) of this Chapter. The Director of Community Development shall require as a condition precedent to continued use of the property under the Development Plan, that a report be submitted by the applicant, which shall provide and include plans to eliminate or mitigate any Building, Plumbing, Electrical, and Fire Code deficiencies. The Director of Community Development may require additional improvements to the property, or any buildings or structures thereon, which may include but are not limited to the following:

  1. New or rehabilitated landscaping;

  2. Exterior changes to promote compatibility of buildings and structures with the surrounding development;

  3. General repairs to vehicular maneuvering or parking areas;

  4. Modifications designed to bring a structure more nearly into compliance with the applicable standards for public assembly uses as per applicable Building and Safety Codes in effect at the time of application.

• (Ord. 09-1420 § 3; Ord. 97-1115 § 3)