Chapter 17.610 — NONCONFORMING USES, STRUCTURES, AND PARCELS

This Chapter establishes regulations for legal nonconforming land uses, structures, and parcels. These are land uses, structures, and parcels within the City that were lawfully established, constructed, or subdivided before the adoption or amendment of this Title, but which would be prohibited, regulated, or restricted differently under the current terms of this title or future amendments thereto.

It is the intent of this Chapter to encourage the continuing improvement of the City, by limiting the extent to which nonconforming structures and uses may continue to be used, expanded, or replaced, while allowing for improvements in their appearance.

(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)

A. Continuation of Use.

1. Any nonconforming use, including a nonconforming use due to nonconforming density, may be maintained and continued, provided that there is no increase or enlargement of the area, space, or volume occupied by or devoted to the nonconforming use. Alterations that do not increase or enlarge a nonconforming use may be approved.

2. Increase or enlargement of the area, space, or volume occupied by or devoted to the nonconforming use, which is not allowed pursuant to this section shall mean, but not be limited to, increase in height; square footage additions; additions to existing rooms; construction of new rooms; replacement construction of units or portions of units; and construction of additional units.

B. Abandonment or Discontinuance of Use. A nonconforming use, which has been abandoned or discontinued for a period of one year, shall not be reestablished, and any subsequent reuse or any new use established shall conform to the current provisions of this Title.

C. Change of Use. A nonconforming use that is changed to, or replaced by, a conforming use shall result in termination and subsequent abandonment of the nonconforming use.

D. Termination of Nonconforming Oil Uses. Notwithstanding Subsection A., all nonconforming oil uses, regardless of the applicable zoning district or whether an oil use was previously lawfully established or permitted, shall terminate and be discontinued by November 24, 2026. Further, and notwithstanding the provisions of Chapter 11.12 (including § 11.12.005.A., Oil Drilling Permit), no new or expanded oil and gas activity, such as drilling of new wells, redrilling or deepening of existing wells, or the erection or installation of any derrick, structure, facilities or equipment related to oil and gas production, excepting those existing oil and gas activities and operations described in Subsection D.4. or as required to facilitate termination of the nonconforming oil uses, shall be allowed within the oil use premises after November 24, 2021. The provisions of this Subsection shall not apply to (i) common carrier oil pipelines intended for regionally-coordinated transport of hydrocarbons; (ii) injection wells that are permitted and demonstrated to be active and necessary by CalGEM; (iii) service stations or other like uses; or (iv) any previously closed oil or injection well that has been verified to have been plugged in accordance with all applicable local, state and federal laws, rules and regulations, including the California statutes and regulations and all other requirements overseen by CalGEM, and for which the well pad has been restored and revegetated to as near a natural state as practicable.

1. Definitions. For purpose of this Subsection D., the following definitions shall apply unless the context clearly indicates or requires a different meaning.

a. CalGEM. The California Geologic Energy Management Division, the principal regulatory authority for the closure of oil and gas production sites.

b. Operator. A person, firm, corporation, partnership, association, limited liability company, or other business entity that owns or holds the right to use the oil use premises to extract oil, gas, and other hydrocarbon substances, or use the oil use premises for injection. In the event there are two or more persons or entities who qualify as an operator at any given time, then this term shall apply to all persons or entities with regard to their respective operations.

c. Oil Use Premises. The surface of any parcel of land that has been used for the drilling, production, storage or transport of oil, gas or other hydrocarbons, or for injection or water flooding in connection with oil and gas activity. d. Terminate or Termination. The discontinuance and removal of nonconforming oil uses from the oil use premises, in accordance with all applicable local, state and federal laws, regulations, rules and standards, including, but not limited to, (i) the cessation of production and drilling operations; (ii) the plugging of all oil and gas wells, including water flooding injection wells, except injection wells as permitted and demonstrated to be active and necessary by CalGEM; (iii) the dismantling and removal of all surface facilities associated with the nonconforming oil use, including storage tanks, above-ground pipelines, equipment, debris and other physical operational components; (iv) the plugging/capping of subsurface pipelines; and (v) the remediation, restoration and revegetation of the areas of the oil use premises affected by the plugging and removal activities to as near a natural state as practicable, free from all oil, rotary mud, oil-soaked earth, asphalt, concrete, litter, debris and other substances associated with oil operations. As to (ii) through (v) hereof, all related on-site activities and services shall be conducted between the hours of 8:00 a.m. and 8:00 p.m. Mondays through Fridays, 9:00 a.m. and 7:00 p.m. Saturdays, and 10:00 a.m. and 7:00 p.m. Sundays, and shall be prohibited at all other times. Internal roads and access ways and storm water retention and other drainage features and facilities shall remain in place.

2. Termination Program and Schedule Required.

a. Prior to initiation of any termination activity, or no later than by November 24, 2022, the legal operator(s) for any nonconforming oil uses shall prepare and submit to the Director for review and approval a termination program and schedule demonstrating how compliance with § 17.610.010.D. shall be accomplished and fully completed by November 24, 2026. The Director may request additional information prior to determining the termination program and schedule is adequate, complete, and demonstrates operator's ability to comply with Subsection D. within the required timeframe. No termination activity may be commenced unless a termination program and schedule has been received and approved by the Director, applicable fees have been paid, and bond and insurance requirements have been met.

ormation prior to determining the termination program and schedule is adequate, complete, and demonstrates operator's ability to comply with Subsection D. within the required timeframe. No termination activity may be commenced unless a termination program and schedule has been received and approved by the Director, applicable fees have been paid, and bond and insurance requirements have been met.

b. Each termination program and schedule shall consist of a written description, supported by maps, exhibits and data, as appropriate, detailing the activities and timeline for termination of oil and gas facilities in compliance with Subsection D. At a minimum, each termination program and schedule shall include:

i. A description and schedule detailing how and when all nonconforming oil uses, including all applicable wells under Subsection D., any drilling-related facilities, and any equipment and structures erected on the oil use premises, will be removed, dismantled, demolished or disposed of in a manner consistent with California statutes and regulations overseen by CalGEM, and in strict accordance with all other applicable local, state and federal laws, regulations, rules and standards;

ii. A description for termination and decommissioning of the areas of the oil use premises affected by the plugging and removal activities, including all well sites and areas used for related facilities, equipment and storage, that details how the operator will safely dismantle and remove such production facilities and remediate, restore and revegetate the areas of the oil use premises affected by the plugging and removal activities to as near a natural state as practicable, in accordance with all applicable requirements set forth in Cal. Code of Regulations, Title 14 (Natural Resources), Division 2 (Department of Conservation), Chapter 4 (Development, Regulation, and Conservation of Oil

and Gas Resources), Article 3 (Requirements), § 1775 (Oilfield Wastes and Refuse) and § 1776 (Well Site and Lease Restoration);

iii. A copy of any applicable permits, including any notices of intent or any permit applications for permits pending, as required by other applicable local, state and federal agencies having authority for regulation of oil and gas well closures and plugging and decommissioning of oil-related uses, facilities or equipment;

iv. A description and schedule detailing how and when the areas of the oil use premises affected by the plugging and removal activities will be remediated, restored and revegetated to as near a natural state as practicable, free from all oil, rotary mud, oil-soaked earth, asphalt, concrete, litter, debris and other substances caused by the drilling or pumping activity; and

v. Sufficient detail and documentation of the termination process and related activities to substantiate and support the aggregate costs related to termination and restoration of the areas of the oil use premises affected by the plugging and removal activities, which are to be covered by the established bond and insurance amounts for the guaranteed payment of such costs.

c. Following the Director's approval of the termination program and schedule and determination that the termination program and schedule sufficiently demonstrates operator's ability to comply with the requirements of Subsection D. within the required timeframe, the operator shall provide to the Director quarterly updates on the termination progress until such time that the termination process is fully completed in accordance with California statutes and regulations overseen by CalGEM and in strict accordance with all other applicable local, state and federal laws, regulations, rules and standards.

d. A termination fee (per well), established by resolution of the City Council, shall be paid and submitted along with each termination program and schedule to recover the city's reasonable costs associated with review of the termination program and schedule and related documents, and subsequent monitoring and inspection of the oil use premises.

3. Bond and Insurance Requirements. Prior to initiation of any activity detailed in the termination program and schedule, the operator shall comply with all bond and insurance requirements established by resolution of the City Council.

4. Continued Compliance Required. Until such time that all nonconforming oil activities are fully terminated in compliance with this Subsection D., existing oil and gas activities and operations, such as production from existing oil wells, water injection to existing injection wells and permitted routine maintenance of existing wells and other facilities, shall be allowed to continue during the interim period until removal of those nonconforming uses have been completed consistent with the timeframes established in the approved termination program and schedule. All such activities and operations shall be conducted in compliance with the provisions of Chapter 11.12 of this Code to the extent such provisions are not inconsistent with this Subsection D. In the event of any conflict between this Subsection D. and Chapter 11.12 of this Code, this Subsection D. shall control.

5. Enforcement. Any failure to comply fully with the provisions of this Subsection D. shall constitute a violation of this Title, and appropriate action may be taken by the Director according to the provisions of this Title and Chapter 1.02 (Administrative Citations) of this Code.

E. Conditional Uses.

1. Conformity of uses requiring Administrative Use Permits and Conditional Use Permits. Any use existing at the time of adoption of this Title, in a zoning district that allows the use subject to the granting of an Administrative Use Permit or Conditional Use Permit, shall be deemed a legal nonconforming use, and may only continue to the same extent that it previously existed.

2. Previous Administrative Use Permits or Conditional Use Permits in effect. A use that was established with

an Administrative Use Permit or a Conditional Use Permit, but which is no longer a use allowed by this Title within

the applicable zoning district, may continue in compliance with the provisions and terms of the original permit. If the Administrative Use Permit or Conditional Use Permit specified a termination date, then the use shall terminate in compliance with the original permit.

F. Nonconforming Private School Use in the MU-I District. Notwithstanding the foregoing, a nonconforming private school use in the MU-I zoning district, which was originally established with a Conditional Use permit at a time when the private school use fully conformed with all then existing applicable provisions of this Title, may be modified and/or expanded, subject to the following:

1. The modification and/or expansion shall require a modification of the existing Conditional Use Permit, subject to review and approval by the Commission in compliance with Chapter 17.530 (Administrative Use Permits and Conditional Use Permits) and § 17.595.035 (Changes to an Approved Project).

2. The modification and/or expansion may only include property that is already part of the existing private school

use or that is directly and physically abutting the existing school property.

3. Any application for a modification and/or expansion of an existing Conditional Use Permit shall include, but not be limited to, the following:

a. The submittal of a master plan document, in form and substance as determined by the Director, which thoroughly outlines the extent of the proposed modification and/or expansion, including any proposed increase to student enrollment and/or staff;

b. The submittal of an economic study, in form and substance as determined by the Director, which estimates the fiscal impacts of any modification and/or expansion on the City. Such study shall include, but not be limited to, a calculation of the economic and tax "opportunity cost" to the City of expanding the nonconforming private school use.

4. After considering the economic study and the fiscal impacts on the city from any modification and/or expansion of the existing private school use, the appropriate review authority may impose reasonable conditions to mitigate the fiscal impacts if it determines that such conditions will serve the public interest, health, safety, convenience or welfare of the City.

5. The total area of the property included in the school (as proposed to be expanded) may in no event exceed three and one-half acres.

G. Single-Family or Two-Family Dwellings in RMD and RHD Zoning Districts. Existing single-family and twofamily dwellings as of October 9, 2024, in the RMD and RHD zones shall be considered a conforming use, unless the structure is fully demolished voluntarily, in which case the new use shall conform to the uses allowed in these zoning districts per this Title. For involuntary demolition, see § 17.610.025 (Exemptions and Exceptions).

s in RMD and RHD Zoning Districts.** Existing single-family and twofamily dwellings as of October 9, 2024, in the RMD and RHD zones shall be considered a conforming use, unless the structure is fully demolished voluntarily, in which case the new use shall conform to the uses allowed in these zoning districts per this Title. For involuntary demolition, see § 17.610.025 (Exemptions and Exceptions).

H. Nonconforming Single-Family or Two-Family Dwellings in Mixed Use Zoning Districts. Notwithstanding the foregoing, a single family or two-family dwelling, which was originally established when the use fully conformed as a conforming use and was existing at the time of adoption of this Title with all then existing applicable provisions of this Title, may be modified and/or expanded, subject to the following:

The modification and/or expansion shall require an Administrative Use Permit, subject to review and approval by the Commission in compliance with Chapter 17.530 (Administrative Use Permits and Conditional Use Permits) and § 17.595.035 (Changes to an Approved Project).

(Ord. No. 2005-007 § 1 (part); Ord. No. 2012-005 § 2 (part); Ord. No. 2019-004 § 2 (part); Ord. No. 2021-016 § 2 ; Ord. No. 2024-006)

A. Termination by Discontinuance of Use.

1. If a nonconforming use of land or a nonconforming use of a conforming structure is discontinued for a

continuous period of at least one year, the rights to a legal nonconforming status shall terminate.

2. The one-year period shall not apply if the Director determines that legitimate and continual efforts to reuse or

release the subject property have been made during the one-year period.

3. The determination of abandonment shall be supported by evidence satisfactory to the Director (such as the actual removal of equipment, furniture, machinery, structures, or other components of the nonconforming use, the turning-off of the previously connected utilities, or where there are no business receipts/records available to provide evidence that the use is in continued operation).

4. Without further action by the City, further use of the site or structure shall comply with all of the current

regulations of the applicable zoning district and all other applicable provisions of this Title. (Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)

A. Alterations or Additions. The construction, enlargement, expansion, extension, or reconstruction of a nonconforming structure shall be subject to the following.

1. Increase in area. Increase in area shall be allowed if it results in an increase or enlargement of the area, space, or volume of the structure only if the structure is nonconforming with respect to setbacks, height, distance between structures, architectural projections, staircase and landing area encroachments, and the requirements of the Uniform Building Code are met. New additions and replacement structures shall meet the setback and height requirements of the zoning district in which the nonconforming structure is located except replacement structures required pursuant to § 17.610.025 - Exemptions and Exceptions.

2. Improvements to nonconforming multiple-family, mixed use, and non-residential primary structure(s).

a. Major improvement defined. A major improvement is an improvement that will add 10% or more, with a minimum of 750 square feet, to the existing gross floor area of the multiple-family or non-residential structure(s) on the site, as determined by the Building Official.

b. Minor improvement defined. If the City determines that the estimated value of the work for which the permit is requested is equal to 10% or more of the replacement value of the multiple-family or non-residential structure(s) on the site, but at least $50,000 (to be adjusted annually each July 1 to reflect the increase in the Consumer Price Index for all Urban Consumers, Los Angeles/Riverside/Orange County Area, as established by the U.S. Department of Labor for the period from March of the preceding year through March of the current year), it shall be considered a Minor Improvement. In application of this Section, "work value" and "replacement value" shall be determined as follows.

i. Work value. Each permit shall indicate the value of the work to be performed. If the Building Official believes the work value estimate indicated on the permit is too low, the Building Official shall estimate the value of the proposed work for the purpose of this calculation.

ii. Replacement value. The replacement value of an existing structure shall be determined using tables of reconstruction costs published by the International Conference of Building Officials. The type of construction is determined, and a cost per square foot is derived from the table. This cost is multiplied by the number of gross square feet in the structure to obtain the estimated reconstruction cost of the structure.

iii. Commercial revitalization area. If the proposed minor improvements include exterior building facade improvements to an existing structure located within an area designated by the Council as a Commercial Revitalization Area, the portion of the work value devoted to exterior building facade improvements shall not be included in determining the 10% or $50,000 enforcement threshold for minor improvements.

ial revitalization area.** If the proposed minor improvements include exterior building facade improvements to an existing structure located within an area designated by the Council as a Commercial Revitalization Area, the portion of the work value devoted to exterior building facade improvements shall not be included in determining the 10% or $50,000 enforcement threshold for minor improvements.

c. Incidental improvements defined. An improvement that does not qualify as a major or minor improvement shall be considered an Incidental Improvement.

d. Requirements. Whenever a permit for a major improvement or minor improvement to an existing nonconforming structure is requested, the Director shall not approve the application unless the requirements of Table

6-1 (Requirements for Major and Minor Improvements) are met.

Table 6-1

Requirements for Major and Minor Improvements

3. Improvements, reconstruction, and new construction to nonconforming single-family and two-family, and triplex structure(s); accessory residential structures; and accessory dwelling units.

a. Reconstruction or partial reconstruction of a nonconforming single-family, two-family, and triplex structure; accessory residential structure; or accessory dwelling unit that is/are not subject to § 17.610.025 - Exemptions and Exceptions, and that results in more than 50% demolition of both of the exterior wall surface area and building footprint, (measured from exterior wall to exterior wall), shall be completely reconstructed in conformance with current code required setbacks, and height. For purposes of this section, exterior wall surface area shall mean full height exterior walls from grade to roof including existing framing, exterior sidings, and interior sidings of said exterior walls.

b. If over a five-year period, the cumulative demolition of a nonconforming single-family, two-family, and triplex structure; accessory residential structure; or accessory dwelling unit exceeds 50% of both the exterior wall surface area and building footprint, (measured from exterior wall to exterior wall), that is/are not subject to § 17.610.025 - Exemptions and Exceptions, then the nonconforming single-family, two-family, and triplex structure; accessory

residential structure; or accessory dwelling, shall be completely reconstructed in conformance with current code required setbacks, and height. For purposes of this section, exterior wall surface area shall mean full height exterior walls from grade to roof including existing framing, exterior sidings, and interior sidings of said exterior walls.

c. Through Lots with Frontages on both Charles Avenue and Milton Avenue. Partial reconstruction, and/or additions to an existing legal nonconforming detached accessory residential structure on through lots with frontages on both Charles Avenue and Milton Avenue may be permitted in accordance with the following standards, provided 1) the work does not result in demolition exceeding the thresholds established in Subsection A.3.a or A.3.b, and/or 2) the accessory residential structure has not been previously modified pursuant to this Subsection A.3.c. In cases where this Subsection A.3.c. does not apply, the work shall comply with the setback requirements in § 17.400.100 - Accessory Residential Structures, driveway length standards in § 17.320.035.N., and all other applicable code standards.

i. Existing legal nonconforming detached accessory residential structures may be partially reconstructed in the same location and to the same dimensions as the existing accessory residential structure.

ii. In addition, when there is an expansion of floor area of an existing legal nonconforming detached accessory residential structure, the proposed expansion may continue the horizontal building plane of the existing structure provided the proposed expansion is no greater than 12 feet in height, complies with the required side setback for the applicable zoning district, and provides a minimum two-foot setback from one front lot line along the property line that is of greater distance from the primary residence and/or the property line separating the parcel from the street of a higher classification or designation.

ture provided the proposed expansion is no greater than 12 feet in height, complies with the required side setback for the applicable zoning district, and provides a minimum two-foot setback from one front lot line along the property line that is of greater distance from the primary residence and/or the property line separating the parcel from the street of a higher classification or designation.

iii. The existing legal nonconforming driveway length may be continued in conjunction with partial reconstruction of an existing legal nonconforming detached garage pursuant to this Section. Modifications to an existing garage opening that result in a conforming minimum opening clearance in accordance with § 17.320.035.C (Parking Space and Lot Dimensions) shall be permitted without requiring conformance to current driveway length standards.

iv. The accessory residential structure shall comply with all other applicable code standards required by this Title.

(Ord. No. 2005-007 § 1 (part); Ord. No. 2013-005 § 2 (part); Ord. No. 2019-004 § 2 (part); Ord. No. 2022-008; Ord. No. 2023-002, Exhibit A (part); Ord. No. 2024-006; Ord. No. 2025-008, Exhibit A (part))

A. Applicability. The following uses and/or structures damaged or destroyed due to an involuntary catastrophic event (e.g., fire, earthquake, or other calamity) may be reconstructed or replaced, and the use re-established provided the requirements in this § 17.610.025 are met:

1. Nonconforming uses and structures.

2. Existing single-family and two-family use/structures in the RMD and RHD zones deemed conforming as of

October 9, 2024.

B. Development Standards. The new structure(s) shall comply with all development standards (such as building envelope and footprint standards) in effect when the damaged or destroyed structure(s) was originally constructed; provided, however, that the new structure(s) shall contain no more dwelling units and/or floor area than the damaged structure(s).

C. Building and Fire Code Compliance. All new construction shall comply with the current Building and Fire Code requirements; however, the Building Official may require compliance for areas other than the new construction, when deemed necessary.

D. Time Limits. A building permit for reconstruction must be obtained no later than 18 months after the date of destruction, and construction must be pursued diligently to completion.

E. Current Requirements. If the preceding requirements are not met, the replacement structure shall comply with all current requirements of this Title in effect on the date of application for the required building permit.

F. Extensions. If the applicant submits a written request before expiration of the 18 months, containing reasonable justification for an extension, the Director may extend the deadline for issuance of the building permit for up to an additional 18 months.

(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)

A. Maintenance and Repair. A nonconforming structure may be continued, improved, and maintained, subject to the restrictions contained in this Chapter.

B. Seismic Retrofitting/Building Code Compliance. Repairs or alterations required by law shall be allowed. Reconstruction required to reinforce unreinforced masonry structures, or to comply with Building Code requirements, shall be allowed without cost limitations. The seismic retrofitting and Code compliance shall be limited exclusively to compliance with earthquake safety standards and other applicable Building Code requirements, including State law (such as Title 24 and the California Code of Regulations).

(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)

A nonconforming parcel of record that does not comply with the access, area, or width requirements of this Title for the zoning district in which it is located, shall be considered a legal building site, if it meets at least one of the criteria specified by this Section.

• A. Applicability. It shall be the responsibility of the applicant to produce sufficient evidence to establish the applicability of one or more of the following:

1. Approved subdivision. The parcel was created through a subdivision approved by the City;

2. Variance or lot line adjustment. The parcel was approved through the Variance procedure, in compliance with

Chapter 17.550 (Variances and Administrative Modifications), or resulted from a lot line adjustment; or

3. Partial government acquisition. The parcel was created in compliance with the provisions of this Title but was made nonconforming when a portion of the parcel was acquired by a governmental entity; including dedications required as a Condition of Approval for development.

B. Further Division or Reduction of Parcel - Prohibited. Where structures have been erected on a nonconforming parcel, the area where structures are located shall not be later divided so as to reduce the building site area and/or frontage below the requirements of the applicable zoning district or other applicable provisions of this Title, or to make the use of the parcel more nonconforming.

C. Administrative Modification. A nonconforming parcel may be granted an administrative modification pursuant to CCMC Chapter 17.550 provided administrative modification findings stipulated in CCMC § 17.550.020.A. can be made. An administrative modification approval shall not be considered an expansion of a legal nonconformity. (Ord. No. 2005-007 § 1 (part); Ord. No. 2019-004 § 2 (part); Ord. No. 2024-006)

Any use or structure, which did not comply with the applicable provisions of this Title or prior planning and zoning regulations when established, are violations of this Title and are subject to the provisions of Chapter 17.650 (Enforcement). This Chapter does not grant any right to continue occupancy of property containing an illegal or

unpermitted use or structure. The activity shall not be allowed to continue unless/until permits and entitlements required by this Title and the CCMC are first obtained.

(Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)

In the event that a nonconforming use or structure is found to constitute a public nuisance, appropriate action shall be taken by the Director in compliance with Chapter 9.04 (Nuisances) of the CCMC. (Ord. No. 2005-007 § 1 (part); Ord. No. 2024-006)