ORDINANCE NO. 1207 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SIMI VALLEY MODIFYING STANDARDS FOR NONCONFORMING USES AND STRUCTURES, REHABILITATION PERMITS, AND MULTI-FAMILY PARKING (Z-S-700) AND THE NEGATIVE DECLARATION THEREFOR WHEREAS, the City of Simi Valley has initiated amendments to the Municipal Code to add flexibility for nonconforming uses and structures, eliminate Rehabilitation Permits in favor of Development Code standards, and change the way multi-family parking is calculated; and WHEREAS, based upon evidence and testimony at the Public Hearing on December 5, 2012, and the findings contained in the Planning Commission staff report dated December 5, 2012, the Planning Commission recommended the proposed Municipal Code Text Amendment Z-S-700 to add flexibility for nonconforming uses and structures, eliminate Rehabilitation Permits in favor of Development Code standards, and change the way multifamily parking is calculated, to the City Council for approval. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SIMI VALLEY DOES ORDAIN AS FOLLOWS: SECTION 1. The findings for the Negative Declaration, contained in the Planning Commission staff report dated December 5, 2012, and incorporated herein by reference, are hereby adopted. SECTION 2. The Negative Declaration prepared for Municipal Code Text Amendments Z-S-700 and Z-S-701 is hereby adopted. SECTION 3. Based upon the evidence and testimony presented at the public hearing of February 11, 2013, the findings contained in the Planning Commission staff report dated December 5, 2012, and the City Council staff report dated February 11, 2013, incorporated herein by reference, the City Council finds, for approval, for Municipal Code Text Amendment Z-S-700 adding flexibility for nonconforming uses and structures, eliminating Rehabilitation Permits in favor of Development Code standards, and changing the way multi-family parking is calculated. SECTION 4. Municipal Code Text Amendment Z-S-700, as specified in Exhibit A, attached hereto, is hereby approved. SECTION 5. The City Clerk shall cause this ordinance or a summary hereof to be published in a newspaper of general circulation, published in the County of Ventura and circulated in the City, and if applicable, to be posted, in accordance with Section 36933 of the California Government Code; shall certify to the adoption of this ordinance and shall cause a certified copy of this ordinance, together with proof of publication, to be filed in the Office of the Clerk of this City.
SECTION 6. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage. Attest: PASSED and ADOPTED this 25 th day of February 2013. /s/ Ky Spangler, Assistant City Clerk /s/ Robert O. Huber, Mayor of the City of Simi Valley, California Approved as to Form: Approved as to Content: /s/ Marjorie Baxter, City Attorney /s/ Laura Behjan, City Manager /s/ Peter Lyons, Director Department of Environmental Services
SIMI VALLEY MUNICIPAL CODE TEXT AMENDMENT Z-S-700 EXHIBIT A Simi Valley Municipal Code Section 9-28.070 is amended to remove reference to Rehabilitation Permits as follows: 9-28.070 - Tapo Area Planning Overlay (TAPO) and Los Angeles Avenue Planning Overlay (LAAPO) Districts A. Purpose. 1. TAPO district. The TAPO zoning district is intended to encourage and facilitate the development of new commercial establishments and the redevelopment of existing commercial structures along both sides of Tapo Street between the 118 Freeway and Los Angeles Avenue. This zone is established as part of the Revitalization Plan for Tapo Street, which is intended to promote investment in the renovation of the aging business district. The TAPO overlay prescribes the boundaries of the area within which a specialized set of design guidelines and a streamlined project review process shall apply. The goal is to achieve high quality, pedestrian-oriented development through innovative application of the design guidelines adopted separately by Council resolution. See Figure 2-2 for the boundaries of the TAPO District. 2. LAAPO district. The purpose of the LAAPO zoning district is to encourage and facilitate the redevelopment of existing commercial structures along both sides of Los Angeles Avenue between approximately Erringer Road and Simi Village Drive, as defined by the Zoning Map (reference Section 9-20.030). This zone is established to promote investment in the renovation of this aging business district. The overlay zone prescribes the boundaries of the area within which a specialized set of development standards shall apply. The goal is to achieve high quality, pedestrian-oriented development through innovative application of the Citywide Design Guidelines. This zone in no way modifies the land uses permitted by the underlying zoning. See Figure 2-3 for the boundaries of the LAAPO District. B. Allowable land uses. Any land use normally allowed in the primary zoning district may be allowed within the TAPO and LAAPO overlay districts subject to the permit requirements of the primary zoning district, as modified by Subsection D. C. Application filing and review. 1. Application contents. Applications for discretionary permits shall be prepared and filed in compliance with the requirements of Chapter 9-50 (Application Filing and Processing), subject to the following: a. The application shall include a written statement from the applicant explaining how the request complies with the applicable Design Guidelines, citing each guideline being implemented.
b. For applications requesting financial assistance from the City under the applicable Facade Renovation Programs, the materials submitted shall also include an application in a form as specified by the City Manager. 2. Review authority. The review authority for ministerial and discretionary permits for development or redevelopment within the TAPO and LAAPO overlay zone shall be as follows: a. The Commission shall review and decide permit applications for new development and for the large-scale redevelopment of existing projects; b. The Director shall review and decide permit applications for facade renovations and for similar small-scale exterior improvements to existing projects; and c. The Director shall review and decide ministerial permit applications for changes or improvements not requested or addressed in discretionary permits reviewed by either the Commission or the Director. The Director shall determine what constitutes "large-scale redevelopment" and "small-scale exterior improvements." A request shall be deemed large-scale redevelopment if the application requires approval of a modification or rehabilitation permit, and if either involves an expansion of more than 10 percent of any approved building footprint, or requires approval of a Planned Development Permit, Conditional Use Permit, or Variance. 3. Findings for approval. Permits for which the Commission is the review authority shall be processed in compliance with Article 5 (Land Use and Development Review Procedures), provided that discretionary permit approval shall require that the Commission first find that the proposed project complies with the Applicable Design Guidelines to the extent that the guidelines are applicable to the proposal and can be feasibly implemented. Simi Valley Municipal Code Section 9-34.050 is amended to add the following standards for Rehabilitation/site amenities in exchange for parking reductions as follows: SVMC Section 9-34.050 Commercial and Industrial Use Parking Standards, shall be amended to add subsection G as follows: G. Rehabilitation of Existing Commercial or Industrial sites. Existing projects may apply to reduce parking in accordance with Section 9-44.120 [Rehabilitation Project Standards].
Simi Valley Municipal Code Section 9-34.060, Table 3-4, is amended to modify the calculation method for multi-family parking from a per units basis to a per bedroom basis as follows: Off Street parking spaces for uses in all zoning districts shall be provided in compliance with Table 3-4 (parking Requirements by Land Use), and is amended as follows: Multi-family dwelling, condominiums and other attached dwellings (three or more attached units). 1.76 spaces per 1,000 square feet of gross residential floor area; plus 0.17 space per unit, 1 of which shall be covered; plus guest parking at 1 space per 5 dwelling units or 2.5 spaces per dwelling unit, whichever requires more for the total project. Studio Unit 1 space 1 Bedroom Unit 1.5 spaces Two Bedroom Unit 2 spaces per unit Three or More Bedroom Units 2.5 spaces per unit Plus, 0.5 guest spaces per unit. In all cases, a minimum of one space per unit shall be covered. Simi Valley Municipal Code Section 9-44.120 is amended to remove reference to Rehabilitation Permits and add provisions for projects to reduce parking in exchange for landscaping and site amenities as follows: 9-44.120 - Rehabilitation Project Standards A. Applicability. The standards of this Section shall apply to a project that obtains a Rehabilitation Permit in compliance with Section 9-52.060 (Rehabilitation Permits). a Zoning Clearance, Administrative Action, or Modification for a remodel of an existing commercial or industrial site and requests to reduce off-street parking in exchange for landscape site enhancements as specified in the following sections. B. Off-street parking conditions. Off-street parking shall be provided in compliance with Chapter 9-34 (Parking and Loading Standards) with the added provision that up to a 10 percent parking reduction may be granted by the applicable review authority where the project has provided one or more of the offsetting landscaping conditions outlined in Section C below. In no case shall any parking reduction be in addition to the reductions allowed in the LAAPO or TAPO Overlay zones. CB. Landscape conditions. The landscaping requirements for the requested rehabilitation shall be satisfied by selecting one or more of the following options: either option shown in Table 4-2 (Landscaping Options).
TABLE 4-2 - LANDSCAPING OPTIONS Option I Option II A minimum of three percent of the total site shall be landscaped. And A planter area at least 10 feet wide shall be provided between parking areas and all property lines adjacent to a public street. Where not practical to achieve, at least a three-foot wide planter shall be installed around the entire perimeter of a project. A minimum of 10 percent of the total site shall be landscaped without any specific perimeter landscaping requirements. 1. Optional use of hardscape features. Where landscaping is called for in Options I and II, above, hardscape features like benches, fountains, decorative paving, portable planters, and seating walls may be counted towards meeting up to 25 percent of the landscaping requirements. 2. Landscape and hardscape criteria. The criteria for establishing the use of up to 25 percent hardscape to satisfy the minimum landscaping requirements shall include the following: a. Above ground potted tree species like banana trees, ficus benjamina, palms, and other approved trees may be allowed at project entries to count toward the required landscaping. The minimum size of the pot containers shall be 36 inches in diameter and shall be made of cast concrete, terra cotta clay, or other material approved by the applicable review authority. Each potted tree shall count as not more than seven feet of landscaping to meet the minimum landscaping coverage requirement. b. Decorative brick pavers, ceramic tile, flagstone, marble tile, terra cotta tile, or other approved material, not including stamped concrete, may be utilized for on-site walkways and outdoor patio areas to count toward the required landscaping. Each square foot of decorative tile or pavers shall count as one square foot of landscaping to meet the minimum landscape coverage requirement. c. A decorative arbor or pergola with blooming vines growing on it may be utilized to count toward the required landscaping. The arbor or pergola shall be placed in a location which provides shade to outdoor seating areas, outdoor walkways, or adjacent to building entrance areas. Each square foot of decorative arbor or pergola horizontal surface area shall count as one square foot of landscaping to meet the minimum landscape coverage requirement.
d. Outdoor decorative benches may be utilized to count toward the required landscaping. The outdoor decorative benches shall be fixed to the ground, shall be constructed of decorative cast concrete, decorative cast iron, or other decorative material approved by the applicable review authority. Each lineal foot of decorative bench shall count as one square foot of landscaping to meet the minimum landscape coverage requirement. 1. The project provides equivalent site landscaping, for the square footage of lost parking stalls, including a minimum of three new trees of at least 36 box size to provide shading and cooling; and/or 2. The project adds intervening planters every 15 parking spaces capable of supporting at least a 24 box size tree; and/or 3. The project provides a new, pedestrian outdoor seating area that includes such features as a fountain, tables, benches, landscaping, and decorative paving; and/or 4. The project adds a covered pedestrian paseo, or decorative arbor or pergola with blooming vines growing on it, that connects buildings within a center and allows pedestrian travel outside of the parking lot area; and/or 5. The project adds an interior vehicular connection between sites or shopping centers, where none previously existed, that reduces the need to access the public street to travel between centers. C. Off-street parking conditions. Off-street parking shall be provided in compliance with Chapter 9-34 (Parking and Loading Standards) with the added provision that up to a 10 percent parking reduction may be granted by the applicable review authority based upon a finding that the project cannot physically comply with the strict application of this Development Code. D. Rehabilitation Sign Permit for a freestanding individual business identification sign. For structures in commercial zoning districts constructed before July 21, 1986, located on individual parcels and consisting of a single business, an applicant may elect to use either this Subsection or the provisions identified in Chapter 9-37 (Signs). 1. In-lieu of a permanent on-building street frontage sign. One freestanding individual business identification sign may be installed in-lieu of a permanent on-building street frontage sign; provided, the parcel does not already have and does not otherwise qualify for a freestanding sign at the time the Rehabilitation Sign Permit is approved in compliance with this Subsection.
2. Freestanding individual business identification sign criteria. a. A freestanding individual business sign as provided for in this Subsection is any sign in which the entire bottom is in contact with, or within one foot of, the ground, and is detached from any structure. b. The maximum height of the sign shall be seven feet. c. The maximum sign area for a freestanding sign shall be 0.25 square foot for every linear foot of parcel frontage, and shall not exceed 38 square feet in total area. d. The freestanding sign shall be located not less than one foot inside the property line, shall be oriented perpendicular to the street frontage, and shall not be located within the traffic safety area, if located on a corner parcel. e. The sign shall not be located so as to interfere with pedestrian or vehicular traffic. 3. Rehabilitation Sign Permit application. A request for a freestanding individual business identification sign in compliance with this Subsection shall require submittal of a Rehabilitation Sign Permit application. a. The Rehabilitation Sign Permit application shall be approved by the Director upon a showing of compliance with the requirements of this Subsection. b. The Rehabilitation Sign Permit application shall include a statement from the property owner acknowledging that the freestanding sign is being installed in-lieu of a permanent on-building sign. c. No permanent on-building sign shall be allowed during the duration of the Rehabilitation Sign Permit which authorizes the freestanding individual business identification sign. E. Public infrastructure improvements. The cost of constructing the public infrastructure improvements shall exceed 33 percent of the cost of the proposed rehabilitation project in order to be eligible for proportional relief from the public infrastructure improvement needs identified in the General Plan.
Simi Valley Municipal Code Section 9-50.030 is amended to remove reference to Rehabilitation Permits as follows: 9-50.030 - Concurrent Permit Processing When a project requires a concurrent legislative action, such as a General Plan Amendment or a Zoning Map Amendment, as well as one or more permits under this Chapter, the final decision shall be made by the Council on all of the components, after a recommendation by the Commission. TABLE 5-1 - REVIEW AUTHORITY Type of Approval Role of Review Authority (1) See Section Director Planning Commission City Council Administrative Actions 9-52.030 Decision (2) Appeal Appeal Administrative Planned Development Permits 9-52.050 Decision (2) Appeal Appeal Administrative Conditional Use Permits 9-52.070 Decision (2) Appeal Appeal Administrative Variances 9-52.090 Decision (2) Appeal Appeal Conditional Use Permits 9-52.070 Decision Appeal Cluster Development Permits 9-52.040 Decision Appeal Development Agreements 9-54 Recommend Decision Development Code Amendments 9-73 Recommend Decision General Plan Amendments 9-73 Recommend Decision Interpretations 9-02 Decision (2) Appeal Appeal Modifications to Approved Projects 9-52.100 Decision (2) Decision Appeal Planned Development Permits (3) 9-52.050 Decision Appeal Reasonable Accommodation Requests 9-52.110 Decision (2) Appeal Appeal Rehabilitation Permits 9-52.060 Decision (2) Decision Appeal Rehabilitation Sign Permits 9-52.060 9-44.120 Decision (2) Appeal Appeal Sign Permits 9-37 Decision (2) Specific Plans 9-56 Recommend Decision Temporary Use Permits 9-52.080 Decision (2) Appeal Appeal Variances 9-52.090 Decision Appeal Zoning Clearances 9-52.020 Issued Zoning Map Amendments 9-73 Recommend Decision Notes: (1) "Recommend" means that the review authority makes a recommendation to a higher decision-making body; "Decision" means that the review authority makes the final decision on the matter; "Appeal" means that the review authority may consider and decide upon appeals to the decision of an earlier decision-making body, in compliance with Chapter 9-76 (Appeals); and "Issued" means the Director is authorized to grant the nondiscretionary permit. (2) The Director may defer action on permit applications and refer the items to the Commission for the final decision. (3) Projects including affordable units are recommended to the City Council by the Planning Commission.
Simi Valley Municipal Code Section 9-52.060 is eliminated to remove reference to Rehabilitation Permits, in favor of 9-34.050.G as follows: 9-52.060 Rehabilitation Permits A. Purpose. The purpose of this Section is to provide a process for approving a Rehabilitation Permit which is intended to provide a method whereby commercial or industrial development projects may be rehabilitated or their uses revitalized by the addition of landscaping, by allowing the following: 1. A maximum 10 percent reduction of required parking spaces; 2. Reduced General Plan public infrastructure improvements; 3. Reduced structure setbacks; 4. Reduced landscaping requirements; and 5. Freestanding individual business identification signs. B. Applicability. 1. A Rehabilitation Permit shall be allowed for existing projects located within commercial or industrial zoning districts, approved before July 21, 1986, and which propose: a. An expansion of a building footprint that shall not exceed 20 percent of the existing (or previously approved) footprint, or 2,000 square feet, whichever is less; and b. A freestanding individual business identification sign, in-lieu of a permanent on-building street frontage sign. 2. Projects with nonconforming uses shall not qualify for Rehabilitation Permits. 3. For projects requiring a Rehabilitation Permit, a Building or Grading Permit shall not be issued until the Rehabilitation Permit has been approved in compliance with this Section. C. Application requirements. An application for a Rehabilitation Permit shall be filed in compliance with Chapter 9-50 (Application Filing and Processing). The application shall be accompanied by the information identified by the Department. D. Review authority. Rehabilitation Permits shall be granted in compliance with Table 5-3 (Applicable Review Authority):
TABLE 5-3 - REHABILITATION PERMIT REVIEW AUTHORITY Threshold Categories* Administrative Rehabilitation Permits (By the Director) Rehabilitation Permits (By the Commission) Commercial Zoning Districts - Up to 10,000 square feet of total building area. Industrial Zoning Districts - Up to 20,000 square feet of total building area. Rehabilitation Sign Permit for a freestanding individual business identification sign. Commercial Zoning Districts - 10,000 square feet or greater of total building area. Industrial Zoning Districts - 20,000 square feet or greater of total building area. Note: The thresholds for total * building area shall be calculated on a cumulative total basis. That is, the threshold shall be met by the existing gross square footage in addition to the proposed gross square footage. For example, an existing 8,000 square foot retail commercial center proposing to add 1,000 square feet would be a treated as an Administrative Rehabilitation Permit (e.g., 8,000 + 1,000 = 9,000), subject to the approval of the Director, while an existing 8,500 square foot retail center proposing to add 2,000 square feet would be a treated as a Rehabilitation Permit (e.g., 8,500 + 2,000 = 10,500), requiring approval of the Commission. E. Project review, notice and hearing. 1. Each Rehabilitation Permit application shall be reviewed by the Director to ensure that the application is consistent with the purpose and intent of this Section. A staff report and recommendation shall be submitted to the applicable review authority for their consideration. 2. The applicable review authority shall conduct a public hearing on an application for a Rehabilitation Permit before the approval or disapproval of the permit. 3. Notice of the public hearing shall be provided, and the hearing shall be conducted in compliance with Chapter 9-74 (Public Hearings). 4. Rehabilitation Permits that do not substantially affect any property rights of others may be approved by the Director, without a public hearing. However, appeals of Rehabilitation Permit decisions require a noticed public hearing. F. Findings and decision. Following a public hearing, if required, the applicable review authority may approve, conditionally approve, or disapprove an application for a Rehabilitation Permit and shall record the decision and the findings upon which the decision is based. The review authority may approve a Rehabilitation Permit only after the factual evidence and testimony presented in the public hearing is sufficient to support the following findings:
1. That there are special circumstances applicable to the property, including size, shape, topography, location or surroundings, such that the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification; 2. That the project has been conditioned so as to assure that the Rehabilitation Permit authorized shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated; 3. That the Rehabilitation permit shall not be granted for a parcel of property which authorizes a use or activity which is not otherwise expressly authorized by the zone regulation governing the parcel of property; and 4. That the proper standards and conditions have been imposed which protect the public health, safety, and welfare. G. Conditions of approval. In approving a Rehabilitation Permit, the applicable review authority may impose conditions (e.g., buffers, environmental protection, landscaping and maintenance, lighting, parking, performance guarantees, property maintenance, surfacing, time limits, traffic circulation, etc.) deemed reasonable and necessary to ensure that the approval would be in compliance with the findings required by Subsection F (Findings and decision), above. H. Post approval procedures. The procedures relating to appeals, changes, expiration, performance guarantees, and revocation that are identified in Article 7 (Development Code Administration) shall apply following the decision on a Rehabilitation Permit application. I. Applicable standards. The standards identified in Section 9-44.120 (Rehabilitation Project Standards) shall apply to all approved Rehabilitation Permit applications. Simi Valley Municipal Code Section 9-72 is amended to revise sections related to Nonconforming Uses and Structures as follows: Chapter 9-72 Nonconforming Uses, Structures, and Parcels 9-72.010 - Purpose of Chapter This Chapter establishes uniform provisions for the regulation of legal nonconforming land uses, structures, and parcels. A. These provisions apply to uses and structures which do not comply with the regulations of this Development Code. B. 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.
C. This Chapter does not apply to land uses, structures, and parcels that were illegally established, constructed, or divided. These are instead subject to Chapter 9-78 (Enforcement). 9-72.020 - Nonconforming Uses and Structures The following provisions shall apply to all nonconforming uses and structures existing as of the effective date of this Chapter: A. Uses and structures may be maintained. 1. Any nonconforming use or structure may be maintained and continued, provided there is no addition, alteration, or enlargement of the area, space, or volume occupied or devoted to the nonconforming use or structure, except as provided by this Chapter. that increases any non-conforming portion of the structure such as a setback, height, or physical limitation. 2. So long as a nonconforming use or structure exists upon any parcel, no new use or structure may be established or constructed on the parcel, except as provided by this Chapter. B. Replacement of a nonconforming use. 1. A nonconforming use may be changed to a use of the same or more restrictive classification. 2. The replacement use shall serve as the bench mark in terms of establishing the acceptable level of nonconformity. 3. Where a nonconforming use is changed to a use of a more restrictive classification, it shall not thereafter be changed to a use of a less restrictive classification. C. Nonconforming uses due only to changes in parking requirements. Where uses have been rendered nonconforming due only to revisions in parking requirements, the uses may be continued, replaced, or expanded as follows: 1. Replacement of use. Changes of use to a similar use in compliance with Subsection B (Replacement of a nonconforming use), above, with the same or less parking requirements, shall be allowed; provided, current parking requirements can be met for the replacement use. 2. Expansion of use. Expansion of the particular use shall be allowed only if the current parking requirements for the area of the expansion can be met, and the addition or enlargements otherwise comply with the applicable current Development Code provisions in effect for the subject zoning district.
D. Abandonment or discontinuance of use. 1. Any part of a structure or land occupied by a nonconforming use, which use is: a. Abandoned, shall not again be used or occupied for a nonconforming use; and b. Discontinued for a period of at least 180 days, shall not again be used or occupied for a nonconforming use. 2. A nonconforming use that is discontinued or changed to a conforming use for a continuous period of at least 180 days shall not be reestablished, and the use of the structure or site thereafter shall comply with the applicable current Development Code provisions in effect for the subject zoning district. 3. Without any further action by the City, a nonconforming use shall not retain the nonconforming protection or benefits provided by this Chapter if: a. The nonconforming use of land, or a nonconforming use within a structure, ceases for any reason for a continuous period of at least 180 days: (1) A vacant nonconformity may be occupied by a use for which it was designed if so occupied by January 5, 2006 or after the date when the nonconformity first became vacant. (2) If the use is discontinued for a continuous period of 180 days or more, the land or structure shall lose its nonconforming status, and shall be altered to conform to the current provisions of this Development Code. The determination of discontinuance 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). b. The structure in which the nonconforming use is conducted or maintained is relocated any distance on the site for any reason, or is removed from the site. c. The use of the site after the discontinuance or removal of a nonconforming use shall comply with the applicable current Development Code provisions in effect for the subject zoning district.
E. Animal keeping. The keeping of animals as a use, number of animals, type of animals, minimum parcel area required for animals, or other standards for the keeping of animals as an accessory use to residential dwellings not in conformance with current standards shall be deemed nonconforming by the provisions of this Chapter; provided, the animal keeping activities were in compliance with the animal keeping requirements in effect at the time of establishment of the use. F. Made nonconforming by this Development Code. Any legally established use or structure made nonconforming by the adoption of this Development Code shall be considered nonconforming, and fully protected by the provisions of this Chapter. 9-72.030 - Application of Regulations The following provisions shall apply to all nonconforming uses and structures, located within any zoning district in the City. 9-72.040 - Exemptions and Exceptions A. Involuntarily partially damaged nonresidential uses and structures. 1. Nonresidential uses or structures. Where any nonconforming use or structure is involuntarily damaged or partially destroyed by an Act of God, explosion, fire, or other catastrophic event, or the public enemy, the same may be restored and resumed in the condition in which it existed immediately before the damage or destruction; provided, the following: a. Not exceed 50 percent. The cost of the restoration shall not exceed an aggregate total of 50 percent of the then assessed value of the use or structure, in any single calendar year; and b. Greater than 50 percent. To an extent greater than 50 percent, or is voluntarily razed or is required by law to be razed, the use or structure shall not be resumed, except in full conformance with the applicable current Development Code provisions in effect for the subject zoning district. c. Pprovided that: Aall reconstruction and repair work shall be completed permitted and initiated within a period of 180 days from the date of application for the required Building Permit. 2. Assessed value defined. For the purpose of this Chapter, "assessed value" shall mean the then assessed value of the structure as shown on the current County property assessment roll in effect at the time of the damage or destruction, or on the date of application for the required Building Permit.
B. Residential uses or structures involuntarily damaged may be reconstructed. 1. Single- and multi-family dwelling units. Nonconforming single- and multifamily dwelling units that have been involuntarily damaged or destroyed by an Act of God, explosion, fire, or other catastrophic event, may be reconstructed or replaced with a new structure but only to its pre-existing condition (e.g., building height, density standards, setbacks, and square footage) in compliance with State law (Government Code Section 65852.25) or to current Development Code and Building Code requirements; provided: a. The applicant provides documentation satisfactory to the Director supporting the claim that the damage or destruction occurred involuntarily; b. No expansion of the gross floor area or number of dwelling units occurs; c. The replacement structure is in compliance with City's adopted Building Code and the City's Floodplain Damage Prevention Ordinance; and d. A Building Permit is issued no later than 12 months after the date of destruction, and construction is diligently pursued to completion. 2. Applicable Development Code provisions. If the preceding requirements are not met, the replacement structure shall comply with the applicable current Development Code provisions for the subject zoning district in effect on the date of application for the required Building Permit. C. Nonconforming structures due only to changed standards. Where structures have been rendered nonconforming due only to revisions in development standards dealing with height, parcel area per structure, parcel coverage, or setbacks, and the use is allowed or conditionally allowed in the subject zoning district, the structures may be continued, expanded, or extended on the same parcel; provided, the structural or other alterations for the expansion or extension of the structure are either required by law, or comply with the applicable current Development Code provisions in effect for the subject zoning district. D. Public utilities exempted. The provisions of this Chapter 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 and pumps, etc.); nor shall any provision of this Chapter be construed to prevent the expansion, modernization, or replacement of the public utility structures, equipment, and features, as are used directly for the delivery of or distribution of the service. E. Public acquisition. Whenever any structure or parcel is rendered nonconforming within the meaning of this Chapter 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 within the meaning of this Chapter; provided, that if the structures located on the parcel subsequent to the acquisition, are damaged or destroyed, no reconstruction shall take place unless it is in full compliance with the applicable current Development Code provisions in effect for the subject zoning district. 9-72.050 - Abatement and Termination of Use The following are not allowed: A. Change to nonconforming use. A change from a nonconforming use to another nonconforming use, except as provided by this Chapter; B. Increase in area. An increase or enlargement of the area, space, or volume of the structure or land occupied by or devoted to the nonconforming use, except as provided by this Chapter. New additions or alterations shall not increase existing nonconformities; or C. Structural alteration. Any structural alteration, except those required by law; or CD. Discontinuance and change of use status. The discontinuance for a period of at least 180 days of a nonconforming use, or a change of nonconforming use to a conforming use, constitutes abandonment and discontinuance, and shall result in termination of the nonconforming status of the use, in compliance with Section 9-72.020(D) (Abandonment or discontinuance of use), above. 9-72.060 - Repair and Maintenance A. Ordinary repair and maintenance. The ordinary repair and maintenance of a nonconforming structure shall be allowed only in compliance with this Section. B. Eminent domain. The reconstruction, remodeling, or repair of any structure shall be allowed where a part of the structure is taken for any public use by condemnation, dedication, or purchase by any agency having the power of eminent domain. The reconstruction, remodeling, or repair shall be limited to that necessary to render the structure reasonably safe for continued use; provided, all reconstruction and repair work shall be completed within a period of 12 months from the date of application for the required Building Permit. C. Seismic retrofitting/building Code compliance. Repairs or alterations otherwise required by law shall be allowed in the following circumstances: 1. Reconstruction required to reinforce unreinforced masonry structures shall be allowed without cost limitations; provided, the retrofitting is limited exclusively to compliance with earthquake safety standards; and
2. Reconstruction required to comply with Building Code requirements shall be allowed without cost limitations; provided, the retrofitting and Code compliance is limited exclusively to compliance with earthquake safety standards and/or other applicable Building Code requirements, including State law (e.g., Title 24, California Code of Regulations, etc.) and the City's Flood Damage Prevention Ordinance (SVMC Section Title 7, Chapter 5). D. Initiation of construction. Nothing contained in this Chapter shall require any change in the plans, construction, or designated use of any structure upon which actual construction was lawfully initiated before the effective date of this Development Code, or any subsequent amendment which would otherwise result in a legal nonconformity. For the purposes of this Development Code, actual construction shall mean the placing of construction materials in a permanent manner, excavation of a basement, or demolition of existing structures preparatory to rebuilding; provided, that in all cases construction work shall be diligently pursued until completion of the subject structure(s). 9-72.070 - Allowed Alterations and/or Additions to Nonconforming Structures Nothing in this Chapter shall be deemed to prevent the construction, enlargement, expansion, extension, or reconstruction (hereafter referred to as "work") of a nonconforming structure in the following manner: A. Elimination of nonconformity. The work shall be allowed in order to render the use or structure in conformity with this Development Code; B. Compliance with laws. The work shall be allowed in order to comply with any law enacted subsequent to the adoption of this Development Code; C. Increase in area. The work shall be allowed if it results in an increase or enlargement of the area, space, or volume of the structure only if the requirements of the Cityadopted Building Code are met. New additions or alterations shall not increase existing nonconformities and shall be in compliance with the existing Development Code requirements; or D. Additional uses. Additional uses may be allowed on the site of a nonconforming use only in the case of a multi-tenant structure or site,; or where the nonconforming use is first discontinued, and any replacement use complies with the applicable current Development Code provisions in effect for the subject zoning district; or the use is a single-family residence and the addition or expansion of use or structure is consistent with the uses and structures of a single-family residence and traditional accessory structures and uses such as room additions, sheds, patio structures, and pools.
9-72.090 Nonconforming Uses Notwithstanding the provisions of this Chapter, none of the uses identified in this Development Code as "conditional uses" which were lawfully in existence as of the effective date of these regulations, shall be deemed nonconforming solely by reason of the application of the Conditional Use Permit procedural requirements, in compliance with Section 9-52.070; provided, that: A. Use allowed with Conditional Use Permit approval. 1. A use lawfully existing without the approval of a Conditional Use Permit that would be required by this Development Code, shall be deemed conforming only to the extent that it previously existed (e.g., maintain the same site area boundaries, hours of operation, etc.) until a Conditional Use Permit is obtained in compliance with Section 9-52.070. 2. A use that was legally established without a Conditional Use Permit, but would be required by current Development Code provisions to have Conditional Use Permit approval, shall not be altered in any way unless and until a Conditional Use Permit is first obtained.