§ 22.68

This chapter establishes uniform provisions for the regulation of legal nonconforming land uses, structures and parcels. Within the zoning districts established by this Development Code, there exist land uses, structures and parcels that were lawful before the adoption or amendment of this Development Code, but which would be prohibited, regulated or restricted differently under the terms of this Development Code or future amendments.

It is the intent of this Development Code to discourage the long-term continuance of these nonconformities, providing for their eventual elimination, but to permit them to exist under the limited conditions outlined in this chapter. Generally, this chapter is intended to be administered in a manner which encourages the eventual abatement of these nonconformities.

(Ord. No. 02(1998), § 2, 11-3-98)

Sec. 22.68.020. - Restrictions on nonconforming uses.

(a)

Nonconforming use of land. A nonconforming use of land may be continued, transferred or sold, provided that the use shall not be enlarged or intensified, nor be extended to occupy a greater area than it lawfully occupied before becoming a nonconforming use except as provided for in this chapter.

(b)

Nonconforming use of a conforming structure. The nonconforming use of a structure that otherwise conforms with applicable provisions of this Development Code may be continued, transferred, and sold, as follows, provided that no structural alterations, except those required by law, are made:

(1)

Expansion of use. The nonconforming use of a portion of a conforming structure may be extended throughout other portions of the structure. However, an expansion shall not:

a.

Be granted more than one time; and

b.

Exceed a maximum of ten percent of the total floor area of the structure before the expansion.

(2)

Relocation of use. A nonconforming use located in a conforming structure may be relocated within the same structure or to an adjacent conforming structure(s) on the same parcel.

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 03(2024), § 24, 7-16-24)

Sec. 22.68.030. - Restrictions on nonconforming structures.

(a)

Building envelope. A structure shall be deemed nonconforming if the structure fails to conform to the building envelope regulations (e.g., lot coverage, height, or setback requirements) identified in Article II, Table 2-4, Residential District General Development Standards, Table 2-7, Commercial/Industrial Residential District General Development Standards and Article III, Table 3-15, Required Setbacks— Accessory Uses and Structures.

(b)

Changes to, or expansion of, a structure. The addition, enlargement, extension, reconstruction, relocation or structural alteration of a nonconforming structure, may be allowed with minor conditional use permit approval, in compliance with chapter 22.56, (Minor Conditional Use Permits). The hearing officer may approve a minor conditional use permit only if the following findings can be made, in addition to those contained in section 22.56.040 (Findings and decision).

ension, reconstruction, relocation or structural alteration of a nonconforming structure, may be allowed with minor conditional use permit approval, in compliance with chapter 22.56, (Minor Conditional Use Permits). The hearing officer may approve a minor conditional use permit only if the following findings can be made, in addition to those contained in section 22.56.040 (Findings and decision).

In the case of residential dwelling units with nonconforming setbacks or distance separations to dwelling units on adjoining parcels, a minor conditional use permit shall not be required if the proposed change or expansion meets the following criteria:

(1)

The addition or improvement conforms to all other applicable provisions of this Development Code; and

(2)

An addition to the first floor (i.e., the floor level closest in elevation to the adjacent street grade) or lower levels may have the same side setbacks as the adjoining portion of the existing structure; however, if the existing adjoining side setback is less than five feet, the exterior limits of new construction shall maintain a minimum five-foot setback.

(c)

Findings. The addition, enlargement, extension, reconstruction, relocation or structural alteration of the nonconforming structure would not result in the structure becoming:

(1)

Incompatible with other structures in the neighborhood;

(2)

Inconsistent with the general plan or any applicable specific plan;

(3)

A restriction to the eventual/future compliance with the applicable regulations of this Development Code;

(4)

Detrimental to the health, safety and general welfare of persons residing in the neighborhood; and

(5)

Detrimental and/or injurious to property and improvements in the neighborhood.

(d)

Nonconforming due to parking. A nonconforming structure, rendered nonconforming due to lack of compliance with current standards regarding off-street parking, may undergo changes in compliance with section 22.68.030 (Restrictions on nonconforming structures), above, without the approval of a conditional use permit, subject to the following provisions:

(1)

Residential uses. Additional parking spaces or driveway paving shall not be required provided the change does not result in an increase in the number of dwelling units within the structure, nor the elimination of the only portion of the parcel which can be used for the required/existing vehicle parking or access; or

(2)

Nonresidential uses. Structures with parking space deficiencies shall be permitted to be occupied by new allowed uses provided that:

a.

The new use has the same or lesser parking requirement as the existing or previous use;

b.

The new use has a greater requirement than the existing or previous use and a sufficient number of additional parking spaces have been provided to accommodate the increased number of required spaces; or

c.

The new use will be underparked by 25 percent or more and a parking study has been prepared to determine the required number of parking spaces.

(e)

Maintenance and repair. A nonconforming structure may undergo maintenance and repairs in the following manner:

(1)

Minor. Minor normal maintenance and repairs to a nonconforming structure:

a.

Provided no structural alterations are made (exception: see subsection (b)(4), above), and the work does not exceed 25 percent of the current appraised/ replacement value of the structure as shown in the county assessor's records in a one-year period; and

b.

When required structural alteration work exceeds 25 percent of the current appraised/replacement value of the structure, as shown in the county assessor's records, subject to the approval of the hearing officer in compliance with chapter 22.56 (Minor Conditional Use Permits).

(2)

Major. Major repairs to a nonconforming structure, when the cost of repairing or replacing the damaged portion of the structure exceeds 50 percent of the current appraised/replacement value of the structure, as shown in the county assessor's records, before damage or destruction, in compliance with section 22.68.050(b)(2) (Termination by destruction), below.

(f)

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 (e.g., Title 24, California Code of Regulations, etc).

(g)

Other modifications allowed. The addition, enlargement, extension, reconstruction, or structural alteration of a nonconforming structure may be allowed provided the modification(s) is necessary to secure added safety or to reduce the fire hazard and/or to secure aesthetic advantages through the alignment, architecture, or closer conformity to surrounding allowed structures in the immediate neighborhood, with minor conditional use permit approval in compliance with chapter 22.56 (Minor Conditional Use Permits).

(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 02(2000), 4-4-00; Ord. No. 04(2001), § 5, 11-20-01; Ord. No. 02(2003), 9-16-03; Ord. No. 04(2012), § 16, 4-17-12; Ord. No. 03(2017), § 7, 5-2-17; Ord. No. 03(2024), § 25, 7-16-24)

Sec. 22.68.040. - Single and multifamily dwelling unit exemptions.

Single and multifamily residential dwelling units damaged or destroyed due to a catastrophic event may be reconstructed or replaced provided:

(1)

Development standards. The new structure(s) shall use the same development standards originally applied to the damaged or destroyed structure(s) (e.g., building envelope and footprint standards), in compliance with state law (Government Code § 65863.4); and

(2)

Building and fire code compliance. The new construction shall comply with the current building and fire code requirements.

(Ord. No. 02(1998), § 2, 11-3-98)

Sec. 22.68.050. - Loss of nonconforming status.

(a)

Termination by discontinuance.

(1)

If a nonconforming use of land or a nonconforming use of a conforming structure is discontinued for a continuous period of at least 180 days or more, rights to a legal nonconforming status shall terminate, regardless of the owner's intention to abandon.

(2)

The determination of abandonment shall be supported by evidence, satisfactory to the director (e.g., 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 continual operation).

(3)

Without further action by the city, further use of the site or structure shall comply with all of the regulations of the applicable zoning district and all other applicable provisions of this Development Code.

(b)

Termination by destruction. If a nonconforming structure, or a conforming structure used for a nonconforming use, is damaged, destroyed or demolished, the right to continue occupancy of the nonconforming structure, or to continue the nonconforming use shall cease; provided however, that the structure may be repaired or rebuilt and reoccupied only as follows:

(1)

If the cost of repairing or replacing the damaged portion of the structure does not exceed 50 percent of the current appraised/replacement value of the structure, as shown in the county assessor's records, immediately before damage or destruction, the structure may be restored and the use continued if the restoration is started within one year of the date of damage or destruction and is diligently pursued to completion; and

(2)

If the cost of repairing or replacing the damaged portion of the structure does exceed 50 percent of the current appraised/replacement value of the structure, as shown in the county assessor's records, immediately before damage or destruction, a minor conditional use permit, in compliance with chapter 22.56, shall be required to authorize the restoration of the structure and continue the use.

(Ord. No. 02(1998), § 2, 11-3-98)

Sec. 22.68.060. - Nonconforming parcels.

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

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 the variance procedure, in compliance with chapter 22.54 (Variances) or resulted from a lot line adjustment; or

(4)

Partial government acquisition. The parcel was created in compliance with the provisions of this Development Code, but was made nonconforming when a portion of the parcel was acquired by a governmental entity so that the parcel size is decreased not more than 20 percent and the yard facing a public right-of-way was decreased not more than 50 percent.

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 Development Code, or that makes the use of the parcel more nonconforming.

(Ord. No. 02(1998), § 2, 11-3-98)

Sec. 22.68.070. - Conformity of uses requiring conditional use permits.

A use existing at the time of adoption of this Development Code, in a zoning district that allows the use subject to the granting of a conditional use permit, shall be deemed a conforming use, but only to the extent that it previously existed (e.g., maintain the same site area boundaries, hours of operation, etc.).

(Ord. No. 02(1998), § 2, 11-3-98)

Sec. 22.68.080. - Previous conditional use permits in effect.

A use in existence by virtue of a conditional use permit issued in compliance with the regulations in effect at the time of application for a land use activity which, under the new regulations is not allowable by conditional use permit, may continue, but only in compliance with the provisions and terms of the original conditional use permit. If the conditional use permit specified a termination date, then the use shall terminate in compliance with the original permit.

(Ord. No. 02(1998), § 2, 11-3-98)

Sec. 22.68.090. - Unlawful uses and structures.

Uses and structures which did not comply with the applicable provisions of this Development Code or prior planning and zoning regulations when established are violations of this Development Code and are subject to the provisions of chapter 22.78 (Enforcement). No right to continue occupancy of property containing an illegal use or structure is granted by this chapter. The activity shall not be allowed to continue unless/until permits and entitlements required by this Development Code and the Municipal Code are first obtained.

(Ord. No. 02(1998), § 2, 11-3-98)

CHAPTER 22.70. - GENERAL PLAN, DEVELOPMENT CODE, AND ZONING MAP AMENDMENTS

Sec. 22.70.010. - Purpose.

This chapter provides procedures for the amendment of the general plan, this Development Code, and the zoning map. A general plan amendment may include revisions to strategies, goals, land use designations, objectives, or text. Amendments to this Development Code may modify any procedures, provisions, requirements, or standards, applicable to the development and/or use of property within the city. Zoning map amendments have the effect of rezoning property from one zoning district to another.

(Ord. No. 02(1998), § 2, 11-3-98)

Sec. 22.70.020. - Notice and hearing.

Upon receipt of a complete application to amend the general plan, this Development Code, or the zoning map, or on initiation by the director, commission, or council, and following department review, public hearings shall be set before the commission and council. Notice of the hearings shall be given in compliance with chapter 22.72 (Public Hearings).

(Ord. No. 02(1998), § 2, 11-3-98)

Sec. 22.70.030. - Commission action on amendments.

The commission shall make a written recommendation to the council whether to approve, approve in modified form, or disapprove the proposed amendment, based on section 22.70.050 (Adoption of amendment), below.

(Ord. No. 02(1998), § 2, 11-3-98)

Sec. 22.70.040. - Council action on amendments.

Upon receipt of the commission's recommendation, the council shall approve, approve in modified form, or disapprove the proposed amendment, based on section 22.70.050 (Adoption of amendment), below.

If the council proposes to adopt a substantial modification to the amendment not previously considered by the commission during its hearings, the proposed modification shall be first referred back to the commission for its recommendation, in compliance with state law (Government Code § 65356, General Plan Amendments and § 65857, Development Code/Zoning Map Amendments).

(Ord. No. 02(1998), § 2, 11-3-98)

Sec. 22.70.050. - Adoption of amendment.

The council shall adopt an amendment to the general plan, this Development Code, or the zoning map only if it finds that the proposed amendment is internally consistent with the general plan and other adopted goals and policies of the city.

(Ord. No. 02(1998), § 2, 11-3-98)

Sec. 22.70.060. - Prezoning.

(a)

Purpose. An unincorporated property within the city's sphere of influence may be prezoned for the purpose of determining the zoning that will apply to the property in the event of subsequent annexation to the city. The initiation and the procedures for the prezoning shall be the same procedures which govern the rezoning of property within the city.

Upon the effective date of annexation of property which has been prezoned in compliance with this section, the zoning designation shall become the official zoning designation for the property and shall be so

designated on the city's official zoning map.

(b)

Commission action on prezoning. The commission shall make a written recommendation to the council whether to approve, approve in modified form, or disapprove the proposed prezoning, based on section 22.70.050 (Adoption of amendment), above.

(c)

Council action on prezoning. Upon receipt of the commission's recommendation, the council shall approve, approve in modified form, or disapprove the proposed prezoning based on section 22.70.050 (Adoption of amendment), above.

If the council proposes to adopt a substantial modification to the prezoning not previously considered by the commission during its hearings, the proposed modification shall be first referred back to the commission for its recommendation, in compliance with state law (Government Code § 65857).

(Ord. No. 02(1998), § 2, 11-3-98)

CHAPTER 22.72. - PUBLIC HEARINGS

Sec. 22.72.010. - Purpose.

This chapter provides procedures for public hearings before the director, hearing officer, commission and council. When a public hearing is required by this Development Code, public notice shall be given and the hearing shall be conducted as provided by this chapter.

(Ord. No. 02(1998), § 2, 11-3-98)