§9231.15 NONCONFORMING PARCELS

A. Legal Building Site: A nonconforming parcel that does not comply with the applicable area or width requirements of this zoning code shall be considered a legal building site if it meets at least one of the following criteria, as documented to the satisfaction of the Planning Director by evidence furnished by the applicant:

1. Approved Subdivision: The parcel was created by a recorded subdivision; 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 or resulted from a lot line adjustment; 4. Partial Government Acquisition: The parcel was created in compliance with the provisions of this zoning code, but was made nonconforming when a portion was acquired by a government entity so that the parcel size is decreased not more than twenty percent (20%) and the yard facing the public right-of-way was decreased by not more than fifty percent (50%); or 5. Certificate of Compliance: A certificate of compliance has been issued, verifying that the parcel complies with the applicable provisions of the City’s subdivision ordinance and the California Subdivision Map Act. B. Subdivision or Lot Line Adjustment of a Nonconforming Parcel: No subdivision or lot line adjustment shall be approved that would increase the nonconformity of an existing parcel or any nonconforming use on the parcel. (Ord. 1139, §2 (Exh. A, 12.150), adopted 2012) §9231.16 EXEMPTIONS

A. Seismic Retrofitting and Building Code Compliance: Alterations, reconstruction, or repairs otherwise required by law (e.g., City adopted building, electrical, plumbing codes) shall be allowed. Reconstruction required to reinforce unreinforced masonry structures or to comply with building code requirements shall be allowed without cost limitations; provided, the retrofitting and code compliance are limited exclusively to compliance with earthquake safety standards and other applicable building code requirements.

(e.g., City adopted building, electrical, plumbing codes) shall be allowed. Reconstruction required to reinforce unreinforced masonry structures or to comply with building code requirements shall be allowed without cost limitations; provided, the retrofitting and code compliance are limited exclusively to compliance with earthquake safety standards and other applicable building code requirements.

B. Nonconforming upon Annexation: Nonconforming uses or structures, or both, which are lawfully existing at the time the property on which they are located is annexed to the City, and which do not conform to the regulations of the subject zoning district following annexation, shall be deemed nonconforming uses or structures or both, and shall, upon annexation, be subject to the provisions of sections 9231.13, 9231.14, 9231.15 and this section. C. Nonconforming Due to Lack of a Use Permit: 1. Conformity of Uses Requiring Use Permits: A use lawfully existing without a use permit that would be required by this code to have use permit approval, in compliance with section 9262 of this code, shall be deemed conforming, but only to the extent that it previously existed (e.g., maintain the same site area boundaries, hours of operation, operating characteristics, etc.). 2. Previous Use Permit in Effect: A use that was authorized by a use permit but is not allowed in its current location by this code may continue, but only in compliance with the original use permit. D. Previous Permits: A use or structure which does not conform to the current regulations of the subject zoning district, but for which a building permit, or a permit or entitlement approved in compliance with the zoning code, was issued and exercised before the applicability of this code, may be completed; provided, the work is diligently pursued to completion. Upon completion these uses or structures, or parts thereof, shall be deemed to be nonconforming and shall thereafter be subject to the provisions of this section. E. Public Utilities: The provisions of this section concerning the required removal of nonconforming uses and structures, and the reconstruction of nonconforming structures partially destroyed, shall not apply to public utility structures when the structures pertain directly to the rendering of the service of distribution of a utility (e.g., electric distribution and transmission substations, gas storage, metering, and valve control stations, steam electric generating stations, water wells, pumps, etc.); nor shall any provision of this section be construed to prevent the expansion, modernization, or replacement of the public utility structures, equipment, and features that are used for direct delivery of or distribution of the service. F. Public Acquisition: 1. Nonconforming Due to Public Acquisition: Whenever any structure or parcel is rendered nonconforming within the meaning of this section by reason of a reduction in a required parcel area, reduction of off-street parking facilities, or setbacks occurring solely by reason of dedication to, or purchase by, the City for any public purpose, or eminent domain proceedings, which result in the acquisition by the City or any agency authorized for the eminent domain proceedings of a portion of the property, the same shall not be deemed nonconforming with the meaning of this section. 2. Required Reconstruction, Remodeling, or Repair: Any required reconstruction, remodeling, or repair shall be limited to that necessary to render the structure reasonably safe for continued use; provided all reconstruction, remodeling, or repair work shall be substantially completed within twelve (12) months from the date of the application for the required building permit. (Ord. 1139, §2 (Exh. A, 12.160), adopted 2012)