HomeMy WebLinkAboutMortazavi Triplex (PA2001-193)�POa, CITY OF NEWPORT BEACH Hearing Date: June 6, 2002
PLANNING DEPARTMENT
Agenda Item: 2
a 3300 NEWPORT BOULEVARD Staff Person: James Campbell
NEWPORT BEACH, CA 92658 (949) 644 -3210
(949) 644 -3200; FAX (949) 644 -3229 Appeal Period: 14 days
REPORT TO THE PLANNING COMMISSION
PROJECT: Mortazavi Triplex - Steve Briscoe (PA2001 -193)
1324 W. Balboa Boulevard
SUMMARY: Request for an addition and alteration of an existing nonconforming triplex.
The existing triplex is nonconforming due to the fact that it is located in the
R -2 District where two dwelling units are the maximum allowed. The triplex
is also nonconforming in that the property provides only three parking
spaces where the Zoning Ordinance requires a minimum of six spaces (2 per
unit).
ACTION: Approve, Modify or Deny Modification Permit No. 2001 -109.
APPLICANT: Steve Briscoe, Costa Mesa
LOCATION: Approximately 180 feet west of the intersection of 13`s Street
LEGAL
DESCRIPTION: Lot No. 7, Block No. 113, Tract No. 234
GENERAL PLAN: Two Family Residential
ZONING
DISTRICT: R -2
Introduction
On February 6, 2002, the Modifications Committee approved Modification Permit No. 2001 -109
(Exhibit No. 1). The application involves the alteration and expansion of the floor area of an
existing nonconforming triplex located in an R -2 zone. The site plan, floor plans and elevation
drawings are attached as Exhibit No. 2. On February 12, 2002, Commissioner Gifford called the
item for review for the purpose of reviewing the expansion of the nonconforming use.
The modification permit requests to authorize second floor work that was not permitted and to
rebuild the rear stairway of a two story wood & stucco, nonconforming triplex.
I0 20,0 400 Feet I CI N1TY MAP
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Current Development: Triplex
To the north: Single family residences
To the east: Duplex
To the south: Newport Elementary School
To the west: Triplex
.I,
Mortazavi Triplex - Steve Briscoe (PA2001 -193)
June 6, 2002
Page 2 of 7
Background
This modification request was a result of code enforcement activities. Complaints about ongoing
construction on the second level of the building on site led to an inspection by the Building
Department that verified construction work taking place without the benefit of permits. The
owner was instructed to stop all work and obtain all necessary permits from the Building and
Planning Departments or to remove the unpermitted construction (Exhibit No. 3). Discussions
with the owner led to the preparation of plans, which in turn led to the determination that the
activity required a Modification Permit as the structure is nonconforming.
The property was the subject of previous code enforcement activities and permit activities that
are relevant to the discussion. In 1999, the area between the original garage /apartment structure
and the relocated duplex was modified, creating a single story connection between the two
buildings. The Building Department discovered the alterations to the structure as a result of
complaints and physical inspection. After an inspection and verification of the construction
without permits, the owner was directed to obtain a building permit for the work. A building
permit was issued for alterations of the structure October of 1999 (Exhibit No. 5). The permit
covered an interior partition wall, sub floor repairs, a replacement window, a replacement sliding
glass door and a new exterior door. The alterations also included work to a water supply line and
electrical fixtures. This permit was issued with the belief that the area in question existed and
was legal.
The city received complaints in June of 2000 that the area that was the subject of the 1999 permit
was converted to a separate living unit constituting a 4`i' unit on the property. An investigation into
the matter concluded that indeed a 4t' unit was created. In February of 2001, a permit was issued
requiring the area be converted back to its original condition (Exhibit No. 6). A kitchen was
required to be removed and an interior connection between the area in question and the lower unit
of the original duplex was required. This corrective work was completed and the permit was
finalized. After the corrective work was completed, unauthorized construction continued on the
second level. The space above the area that was the subject of the 1999 permit was enclosed
creating a second level connection between the original two buildings. This unauthorized .
construction led to the second round of enforcement activities discussed previously leading to the
subject Modification Permit.
Nonconformities Identified
The first record of development of the site on file with the Building Department is a building
permit issued in 1964 for the alteration of an existing garage with an apartment above. This
garage/apartment structure was located toward the rear of the property. The next record consists
of a permit to relocate a duplex to the property. This also occurred in 1964. This duplex was sited
between the original building and Balboa Boulevard. The site was zoned R -3 at that time and no
plans for this initial stage of the development of the property exist. The zoning of the property
was changed in 1989 from R -3 to R -2 by Ordinance No. 89 -34 adopted on November 13, 1989.
The change was part of the implementation of the 1988 comprehensive General Plan Update.
Since the property presently has 3 units and the zoning designation of the property allows a
maximum-of 2 units, the third residential unit is a nonconforming use.
Mortazavi Triplex - Steve Briscoe (PA2001 -193)
June 6, 2002
Page 3 of 7
The structure is also nonconforming as the rear portion of the building is set back 1 -foot on the
west and approximately 2 feet on the east side when 3 feet are required pursuant to Section
20.10.030. Additionally, the building does not provide any setback to the rear alley where a 5-
foot setback is required pursuant to 20.10.030 (1). Finally, the property is also nonconforming
with respect to parking as it currently provides 3 spaces within a carport when 6 spaces are
required for the three units presently located on the site.
Nonconforming Regulations
Chapter 20.62 of the Zoning Code establishes the rules governing nonconforming structures and
uses. The purpose of the chapter, its applicability and pertinent definitions are within Exhibit No.
7.
Section 20.62.050, Nonconforming Uses, establishes the circumstances where a nonconforming use
may be expanded, increased or intensified (Exhibit 8). Subsection A permits the expansion of a
nonconforming use by way of a change in operational characteristics upon the approval of a use
permit. Subsection B addresses a change to a nonconforming use and states that a nonconforming
residential use may be altered to reduce the number of dwelling units provided there is no increase
in gross square footage.
Nonconforming structures are regulated by Section 20.62.040 (Exhibit No. 9). Maintenance and
repairs and interior alterations are permitted and regulated. Structural alterations are limited by
percent within any 12 month period and are subject to the following thresholds: alteration up to
25% by right, alteration from 25% but less than 50% requires a Modification Permit, and alteration
from 50% up to a maximum of 75% requires a Use Permit by the Planning Director. Additions to a
nonconforming structure are allowable and are subject to the following limits within a 12 month
period: additions up to 25% of the existing floor area by right, additions between 25% up to 50%
subject to a Modification Permit, and additions in excess of 50% up to a maximum of 75% require
a Use Permit by the Planning Director. Additions also may not increase the degree the
nonconformity (i.e. the addition must comply with setbacks nor exceed the floor area limit). The
regulations do not address alterations or additions in excess of 75 %, and therefore are not permitted.
It is important to note one exception contained in Section 20.62.040, which states that structures
which are nonconforming as to parking are subject to nonconforming parking provisions and not
subject to Section 20.62.040.
Structures that do not provide the minimum required parking are regulated by Section 20.62.060
(Exhibit No. 10). Repair, maintenance, interior alterations and structural alterations are permitted
pursuant to the nonconforming structure regulations discussed above. Minor additions such as
bathrooms, closets, hallways or expansions of rooms are allowable subject to floor area limits
pursuant to the same thresholds and permit processes outlined in the nonconforming structure
regulations previously discussed. The addition of a new room is allowable provided that there is no
net increase in habitable rooms through a Modification Permit. This Modification permit is also
subject to the same thresholds and permit processes outlined in the nonconforming structure
regulations previously discussed.
Mortazavi Triplex - Steve Briscoe (PA2001 -193).
June 6. 2002
Page 4 of 7
Modification Committee Action
The Committee acted with belief that the scope of the Modification Permit was confined to
second level construction that consists of a living room addition. The Modifications Committee
also believed that the permits issued in 1999 and 2001 for the lower area legitimized the area.
The Committee also believed that Section 20.62.050 (A) would allow an increase in floor area of
a nonconforming residential use when density is the nonconformity and that Section 20.62.050
(B) would not prohibit it. The Planning Department did not require a Use Permit in this case and
felt that the Modification Permit would serve the same purpose. The approval of the permit
covered the second level only and did not constitute an increase in habitable rooms as the
applicant was required to remove an interior separation wall between the kitchen and the new
addition. In essence, the existing kitchen was enlarged with living space. Enlarging an existing
habitable room is permitted by 20.62.050 (B).
Discussion
Subsequent to the Modifications Committee action, and due to the call for review, a closer
review of the regulations pertaining to nonconformities was undertaken. As noted previously,
Section 20.62.050 (Nonconforming Use) has two subsections A &c B.
Subsection A permits the expansion, increase or intensification of a nonconforming use subject
to a Use Permit by way of a change in operational characteristics. The use also must be either a
permitted use or a use permitted by a Use Permit and the nonconformity a result of a change of
the required conditions of the district. The terms "expansion, increase and intensification" within
the context of nonconforming residential density has been viewed as the increase in the number of
units as the number of units is the nonconformity. Since the number of units is not increasing, the
project was not deemed an intensification of the nonconforming use and no Use Permit was
required for the project.
It is important to note that the City has processed many Use Permits in the past for the increase in
floor area of residential properties that have nonconforming density. This was common practice
prior to 1998 when the provisions of the nonconforming use section were different. In 1998,
Section 20.83.040 was changed and became Section 20.62.050. Section 20.83.050 (A) had
additional language that permitted a residential use made nonconforming by virtue of a zoning
amendment adopted subsequent to October 24, 1988, and which is located in a district where
residential uses are permitted, to be enlarged or increased subject to the approval of a use permit.
This provision was eliminated from the code in 1997 as it contradicted the provisions of 20.83.040
(B) which became Section 20.62.050 (B).
Subsection B permits the change of a nonconforming residential use provided that there is a
reduction in units and no increase in gross floor area. The current language is identical to the
previous language of Section 20.83.040 (B). This section suggests that an increase in floor area is
not allowable unless the density is brought into conformance with the zoning district density
standards. The opposing directions of these two sections led to the elimination of the provision to
permit the enlargement or expansion of nonconforming residential use pursuant to a Use Permit.
Mortazavl Triplex - Steve Briscoe (PA2001 -193)
June 6, 2002
Page 5 of 7
The subject application does not reduce the density to two units, and therefore, Subsection B would
contradict the ability to approve an increase in area. Staff requests that the Commission provide an
interpretation of these two sections. Answering the following questions will provide direction to
staff as well as dictate the disposition of this application.
1) Does an increase in floor area of a residential use that is a nonconforming use constitute
an expansion, increase or intensification of the use?
Past practice of the City leads staff to believe that the answer has been no as several dozen Use
Permits have been approved in the past that allowed increases in floor area of nonconforming
residential uses.
2) Does Section 20.62.050 (A) require a Use Permit for an increase in floor area of a
nonconforming residential use when there is no increase in the number of units?
Staff believes that the answer to this question is yes up to April 23, 1997, and no after this date.
This date is the effective date of the change in the ordinance that eliminated the ability to enlarge a
nonconforming residential use with a Use Permit. One Use Permit was approved since 1997 that
allowed a small increase in floor area of a nonconforming duplex.
3) Does Section 20.62.050 (B) prohibit an increase in floor area of a nonconforming
residential use without a reduction in density making the use conforming to the density
standard of the zone?
Staff believes that the answer to this question is yes based upon the current provisions of the
code.
Alternatives
1) If Section 20.62.050 (A) allows additional floor area in the light of Section 20.62.050 (B) and
a Use Permit is required, the Modification Permit cannot be approved without a Use Permit.
If the project does not appear to be detrimental to the community, the Commission could
continue the Modification Permit pending the submittal of a Use Permit application for
consideration. If the project appears that it might be detrimental to the community, staff
recommends denial of Modification Permit No. 2001 -109. The denial will require the
removal of the second floor addition in question.
2) If Section 20.62.050 (A) allows additional floor area in the light of Section 20.62.050 (B)
and a Use Permit is not required, the Modification Permit can be approved as staff believes
that it is consistent with the nonconforming structure and nonconforming parking provisions.
3) If Section 20.62.050 (B) does not permit the increase in floor area of a residential use that is
nonconforming in terms of density, the approval of Modification Permit No. 2001 -109 is
inconsistent with the Zoning Code, and staff recommends that the Commission overturn the
decision of the Modifications Committee and deny the Modification Permit. As noted
previously, denial of the modification permit will require the applicant to remove the
unpermitted construction.
Mortazavi Triplex - Steve Briscoe (PA2001 -193)
June 6, 2002
Page 6 of 7
Staff believes that the provisions of Chapter 20.62 are fairly clear, however, staff believes that the
provisions should be re- examined in a comprehensive manner as internal inconsistencies are
present. Additionally, the code does not provide definitive guidance when multiple nonconformities
are present. Staff suggests that the Planning Commission consider scheduling a workshop in the
coming months to consider clarifying existing policy and potential improvements to the code.
Submitted by:
PATRICIA L. TEMPLE
Planning Director
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Exhibits
Prepared by:
JAMES W. CAMPBELL
Senior Planner
1) Approval Letter for Modification Permit No. 2001 -109.
2) Site plan, floor plans and elevation drawings dated February 28, 2002.
3) Letter from Building Department dated March 22, 2001.
4) 1995 air photograph
5) 1999 building permit and plans
6) 2001 building permit and plans
7) Purpose, applicability and definitions related to nonconformities.
8) Section 20.62.050 — Nonconforming Uses.
9) Section 20.62.040 — Nonconforming Structures.
10) Section 20.62.060 — Nonconforming Parking.
JAPA2001- 193\MD2001 -109 draft pc rpt.doc
Mortazavi Triplex - Steve Briscoe (PA2001 -193)
June 6, 2002
Page 7 of 7
Findings for Denial
Modification Permit No. 2001 -109
The purpose of the Chapter 20.62 of the Zoning Code is to limit the expansion of nonconforming
structures and uses to the maximum extent feasible, to establish the criteria under which they
may be continued or possibly expanded, and to bring these structures and uses into conformity in
an equitable, reasonable and timely manner, without infringing upon the constitutional rights of
property owners. The proposed Modification Permit is inconsistent with this purpose as it
constitutes an addition of approximately 325 gross square feet to a nonconforming use. The
following facts were used to support this determination:
1. A duplex was relocated to the subject property, 1324 W. Balboa Boulevard, in 1964
pursuant to the issuance of a building permit that authorized the relocation. A residential
unit above a three car carport was existing on the property at the time the duplex was
relocated to the site. Although there is no record of the construction of the existing
residential unit and carport, its apparent age indicates that it was constructed on the site at a
time when building permit were not required. In 1964, the property was within the R -3 zone
and the three total units are considered legally constructed and or legally erected.
2. The zoning of the property was changed in 1989 from R -3 to R -2 by Ordinance No. 89-
34. The change was part of the implementation of the 1988 comprehensive General Plan
Update. The subject property is designated for Two Family Residential use by the Land Use
Element of the General Plan. The R -2 zone allows the development of up to two dwelling
units. Therefore, the use of the property for three residential units is nonconforming to the
allowable uses of the R -2 zone.
3. Section 20.62.050 (Nonconforming Uses) establishes under what circumstances a
nonconforming use may be expanded, increased, intensified or changed. Subsection A of
Section 20.62.050, allows a nonconforming use to be expanded, intensified or changed by
way of a change in operational characteristics pursuant to obtaining a Use Permit provided
that the use is permitted or conditionally permitted in the zone. Subsection B of Section
20.62.050, allows a nonconforming residential use to be altered to reduce the number of
units provided that there is gross floor area in not increased. Although residential use is
permitted in the R -2 zone, the current density exceeds the planned density for the site and
the modification request is not a change in operational characteristics but is rather an
addition of floor area. An increase in gross square feet is inconsistent with Subsection B,
which as the application does not decrease the number of units.
K
Exhibit No. 1
Approval Letter for Modification Permit No. 2001 -109.
I
February 6,2002
CITY OF NEWPORT BEACH
PLANNING DEPARTMENT
3300 NEWPORT BOULEVARD
NEWPORT BEACH, CA 92658
(949) 644 -3200; FAX (949) 644.3229
MODIFICATION PERMIT NO. MD2001 -109
(PA2001 -193)
Staff Person: Javier S. Garcia, 644.3206
Appeal Period: 14 days after approval date
Steve Briscoe
1111 South Coast Drive #E -102
Costa Mesa CA 92626
Application No: Modification Permit No. MD2001 -109
(PA2001 -193)
Applicant:
Address of Property
Involved:
Legal Description:
Approved as Requested:
Steve Briscoe
1324 W. Balboa Boulevard
Lot 7, Block 113, Tract 234
Request to allow addition and alteration to an existing nonconforming triplex that provides only
three car parking where the Code requires a minimum of two per unit. The triplex is also
nonconforming because it is located in the R -2 District where two dwelling units is the maximum
allowed. There will be no increase in the number of habitable rooms. The additions were completed
without benefit of proper - building permits or inspections and this approval will insure compliance
with the life safety aspects of the construction. The property is located in the R -2 District.
The Modifications Committee, on February 6, 2002, voted 3 ayes and 0 noes to approve the
application request as modified based on the following findings and subject to the following
conditions.
The Modifications Committee determined in this case that the proposal would not be detrimental to
persons, property or improvements in the neighborhood and that the modification as approved
would be consistent with the legislative intent of Title 20 of the Newport Beach Municipal Code,
and made the following findings:
10
February 6,2002
Page - 2
FINDINGS:
The Land Use Element of the General Plan and the Local Coastal Program Land Use Plan
designates the site for "Two Family" residential use. The existing triplex structure is legal
nonconforming and as a residential use is compatible with the surrounding area.
2. This project has been reviewed, and it has been determined that it is categorically exempt
from the requirements of the California Environmental Quality Act under Class 1
(Existing Facilities).
3. The modification to the Zoning Code as proposed would be consistent with the legislative
intent of Title 20 of the Newport Beach Municipal Code and is a logical use of the property
that would be precluded by strict application of the zoning requirements for this District
for the following reason(s):
• The project as approved meets the intent of Section 20.62.060 of the Newport
Beach Municipal Code that allows "the addition of a new room provided there is
no net increase in the number of habitable rooms, upon the approval of a
modification permit." The as -built additions and alterations as modified do not
increase the number of habitable rooms on the subject property.
4. The modification to the Zoning Code as proposed will not be detrimental to persons,
property or improvements in the neighborhood or increase any detrimental effect of the
existing use for the following reason(s):
• The additions and alterations improve the safety of the subject property.
• The additions and alterations do not increase the nonconforming status of the
parking or the number of dwelling units on the subject property.
5. The modifications will not affect the flow of air or light to adjoining residential properties
because:
• The as -built additions and alterations maintain the required 3 -foot side yard
setback.
• The proposed additions and alterations conform to the height limits specified by
Title 20 of the Newport Beach Municipal Code.
6. The proposed additions and alteration will not obstruct views from adjoining residential
properties because:
• There are no views through or across the subject property that will be affected by
this approval.
February 6,2002
Page - 3
CONDITIONS:
The development shall be in substantial conformance with the approved plot plan, floor
plans and elevations, except as noted in the following conditions.
2. This approval was based on the particulars of the individual case and does not in and of
itself or in combination with other approvals in the vicinity or Citywide constitute a
precedent for future approvals or decisions.
3. This approval applies solely to the project as presented with this application and does not
extend to future changes to the building that may occur in the future. Substantial
demolition of the existing building will render this approval null and void.
4. This approval permits additions and alterations to an existing triplex (3- units) located
within the R -2 Zoning District. The triplex consists of the following three (3) units:
• Unit A, which encompasses the entire ground floor consists of 3 bedrooms, 3
bathrooms and an office/bedroom; and
• Unit B, located at the front (Balboa Blvd.) side of the second story and consists of
2 bedrooms and 1 bathroom;
• Unit C, located at rear (alley) side of the second story and consists of 3 bedrooms,
2 bathrooms and 1 office/bedroom.
5. A maximum of three dwelling units, as defined by Title 20 of the Municipal Code, are
permitted on the subject property. Demolition of any of the dwelling units will result in
loss of the nonconforming status with regard to density. That is to say a dwelling unit that
is removed cannot be replaced or reconstructed.
6. Plans and appropriate supporting documentation shall be submitted to the Building
Department with an application for a building permit within thirty (30) days of the date of
this approval.
7. The walls between the kitchen and living room shall be reconstructed to open the passage
to the greatest extent possible. The opening shall be approved by both the Building
Department and the Planning Department to conform with the approved set of plans and
details submitted with this application.
S. Prior to the final of building permits, the applicant shall contact the Code Enforcement
Division (949- 644 -3215) and arrange for a site inspection to verify compliance with the
conditions of this Modification Permit and all other applicable codes. In particular, the
Code Enforcement Supervisor shall verify that the opening between the kitchen and
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13
Exhibit No, 2
Site plan, floor plans and elevation drawings dated February 28, 2002.
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Exhibit No. 3
Letter from Building Department dated March 22, 2001.
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CITY OF NEWPOIRT BEACH
BUILDING DEPARTMENT
3300 NE1VPORT BLVD.
P.O. BOY 1768, NEWPORT BEACH, CA 92658 -8915
(949) 64=1 -3273
March 22, 2001 BY REGISTERED i1L4.1L
Moses Mortazavi
2406 W. Oceanfront
Newport Beach, CA 92663
CTiR,TF,( "I; �r;....:..a F Code V al :i i0 : al 1_'121 VTr Ball o-
Dear Mr. Mortazavi:
As a result of a complaint, an inspection was conducted of the property at 1324 W.
Balboa Blvd. on 3/7/01. The inspection revealed that certain conditions exist which are
in violation of Section 301.1 of the Uniform Administrative Code, as evidenced by:
1. The front deck has been enlarged without permits and without benefit of
inspections. While reviewing an aerial photograph, it became apparent that the
rear of the building has been connected with the front- building. This work was done
without zoning /Planning Department or Building Department approval.
Correction requires that you:
1. STOP ALL WORK.
2. In order to obtain a building permit, it will be necessary for you to submit all
required fees, submit an application with two sets of plans and specifications to the
Building Department within 10 working days or no later than April 13, 2001. The
^laps sh?11 show clearly and in detail the nature and extent of the. proposed work
for review and approval by the Building Department.
1 The plans shall be prepared by a civil or structural engineer or architect licensed in
California.
4. Return the structure to its original condition if permits are unobtainable.
It is urgent that you take immediate action to correct the violations no later than
April 13, 2001, and obtain the necessary permits. Once the violations have been
corrected, you are required to contact the undersigned between the hours listed below
to schedule a re-inspection of the property. We realize that this violation may have
been an oversight on your part and due to lack of knowledge of the Municipal Code
provisions. However, if we do not hear from you by April 13, 2001, we will have no
choice but to refer this matter to the City Attorney.
e -mail: cnb _blg@ciey.newport- beach.ca.us + webpage: wwwucirynewporr- beach.ca.us /building Yb
prpp
Mr. Moses Mortazavi
March 22, 2001
Page 2 of 2
If you have any questions about this matter, please contact the undersigned Building
Inspector directly at (949) 644 -3271 between the hours of 7:00 to 800 A.M. and 3:30 to
4:30 P.M. or by writing to the above address.
Very truly yours,
BUILDING DEPARTMENT
Jay Elbettar, P.E., C.B.O., Director
By:
Mel Fleener, Build g Inspector
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Exhibit No. 7
Purpose, applicability and definitions related to nonconformities.
�I
20.62.010 Purpose
This chapter establishes procedures for the continuance or abatement of existing
structures and uses that do not conform to the provisions of the Zoning Code and the
goals and polices of the General Plan, and which may be detrimental to the orderly
development of the City and adverse to the general welfare of persons and property. This
chapter is intended to limit the expansion of nonconforming structures and uses to the
maximum extent feasible, to establish the criteria under which they may be continued or
possibly expanded, and to bring these structures and uses into conformity in an equitable,
reasonable and timely manner, without infringing upon the constitutional rights of
property owners.
20.62.020 Applicability
Uses, buildings, structures or lots that become nonconforming due to reclassification,
ordinance changes, or annexations may be continued subject to the provisions of this
chapter.
20.03.030 Definitions (excerpt)
Nonconforming Structure: A structure that was lawfully erected, but which does not
conform with the property development regulations prescribed in the regulations for the
district in which the structure is located by reason of adoption or amendment of this code
or by reason of annexation of territory to the City.
Nonconforming Use: A use of a structure or land that was lawfully established and
maintained, but which does not conform with the use regulations or required conditions
for the district in which it is located by reason of adoption or amendment of this code or
by reason of annexation of territory to the City.
Al
Page 20.62 -4
Nonconforming
Structures and Uses
20.62.050 Nonconforming Uses
A. Expansion, Increase and Intensification of Nonconforming Uses. A use normally
permitted by right or by the approval of a use permit, but which is nonconforming by
virtue of the required conditions of the district in which it is located, may be
expanded, increased or intensified by way of a change in operational characteristics
upon the approval of a use permit.
B. Change of Nonconforming Use. A nonconforming nonresidential use may be
changed to a conforming use provided that the requirements of Chapter 20.63: Floor
Area Ratios and Building Bulk are satisfied and the change does not create or
increase a deficiency in code required offstreet parking. A nonconforming residential
use may be altered to reduce the number of dwelling units provided there is no
increase in gross square footage and the provisions of Chapter 20.86: Low and
Moderate Income Housing Within the Coastal Zone, are satisfied. A nonconforming
use may be changed to a use of a similar nature provided no intensification or
enlargement of nonconforming uses occurs except as provided in Subsection A
above, and provided that the new use is no less compatible with the surrounding area.
Nonconforming Parking
Residential Uses. Where residential uses are nonconforming only because they do
of conform to the off - street parking requirements of this code, the following
a conform
are permitted:
1.
a. Reslildgqntial development having less than 2 parking spaces per
(1) Repair an aintenance, interior alterations, and structural
alterations, as ovided for in Section 20.62.040 (A -C).
(2) Minor additions to exis ' buildings, such as the construction
of bathrooms, closets an allways, or the expansion of
existing rooms, subject to the or area limits of Section
20.62.0.040 (D -1 — 133).
(3) Addition of a new room provided that there i o net increase
in the number of habitable rooms, upon the ap val of a
a�
Exhibit No. 9
Section 20.62.040 — Nonconforming Structures.
q5
Page 20.62 -2
Nonconforming
Structures and Uses
20.62.040 Nonconforming Structures
A. Maintenance and Repairs. Ordinary maintenance and repairs may be made to legal
nonconforming structures. No structural alterations shall be made which would
prolong the life of the supporting members of a structure, except as provided in this
section.
B. Interior Alterations. Changes to interior partitions or other nonstructural
improvements and repairs may be made to a legal nonconforming structure, provided
that the cost of the desired improvement or repair shall not exceed 50 percent of the
replacement cost of the nonconforming structure, as determined by the Building
Director, over any consecutive 12 month period.
C. Structural Alterations. Structural elements of a legal nonconforming structure may
be modified or repaired subject to the following provision:
Alteration of up to 25 percent of the structural elements within any 12 month
period may be permitted by right.
2. Alteration of up to 50 percent of the structural elements within any 12 month
period may be permitted upon the approval of a modification permit.
3. Alteration of up to 75 percent of the structural elements within any 12 month
period may be permitted upon the approval of a use permit by the Planning
Director, subject to the findings and provisions contained in Section
20.62.040 (F).
D. Additions. Structures legally nonconforming for reasons other than for parking, open
space, floor area, or building bulk, may be enlarged, extended or expanded subject to
the following provisions:
A increase of up to 25 percent of the gross floor area within any 12 month
period may be permitted by right.
2. An increase of up to 50 percent of the gross floor area within any 12 month
period may be permitted upon the approval of a modification permit.
3. An increase of up to 75 percent of the gross floor area within any 12 month
period may be permitted upon the approval of a use permit by the Planning
Director, subject to the following findings and provisions contained in
Section 20.62.040 (F).
11/24/99
a�
Page 20.62 -3
Nonconforming
Structures and Uses
No addition shall cause an increase in the structure's inconsistency with the
regulations of the Zoning Code.
E. Exceptions. The provisions of this section shall not apply to the following
circumstances:
1. Seismic Retrofits. Alterations to a structure required to comply with the
minimum provisions of Chapter 15.07, "Earthquake Hazard Reduction," and
California Government Code Section 8875.
2. Public Health & Safety. Structural elements of a legal nonconforming
structure may be modified or repaired if the Building Director determines that
such modification or repair is immediately necessary to protect the health and
safety of the public or occupants of the nonconforming structure, or adjacent
property and the cost does not exceed 50 percent of the replacement cost of
the legal nonconforming structure, as determined by the Building Director.
3. Nonconforming Parking. Structures which are nonconforming due to off -
street parking and loading requirements shall be subject to the provisions of
Section 20.62.060.
F. Required Findings. A use permit required for the alteration of a nonconforming
structure may be approved only if the following findings are made in addition to
those findings specified in Chapter 20.91.
1. The cost of the improvements to be made is minor in comparison to the value
of the existing nonconforming condition.
2. The cost of correcting the nonconforming condition would exceed the cost of
the other alterations proposed.
3. Retention of the nonconforming condition is necessary to maintain reasonable
use of the structure.
4. The alteration does not increase the structure's inconsistency with the
regulations of the Zoning Code.
ltrza9v
L'1
Exhibit No. 10
Section 20.62.060 — Nonconforming Parking.
a�
Page 20.62 -4
Nonconforming
Structures and Uses
Nonconforming Uses
A. PSQansion, Increase and Intensification of Nonconforming Uses. A use normally
perms by right or by the approval of a use permit, but which is nonconforming by
virtue oft equired conditions of the district in which it is located, may be
expanded, increaRba.10.1 intensified by way of a change in operational characteristics
upon the approval of Asqpermit.
B. Change of Nonconforming Use. nonconforming nonresidential use may be
changed to a conforming use provided t e requirements of Chapter 20.63: Floor
Area Ratios and Building Bulk are satisfie d the change does not create or
increase a deficiency in code required offstreet par A nonconforming residential
use may be altered to reduce the number of dwelling its provided there is no
increase in gross square footage and the provisions of Ch a 20.86: Low and
Moderate Income Housing Within the Coastal Zone, are satisfied. conforming
use may be changed to a use of a similar nature provided no intense tion or
enlargement of nonconforming uses occurs except as provided in Subsectl A
above, and provided that the new use is no less compatible with the surrounding area.
20.62.060 Nonconforming Parking
A. Residential Uses. Where residential uses are nonconforming only because they do
not conform to the off - street parking requirements of this code, the following
alterations are permitted:
Number of Spaces
a. Residential development having less than 2 parking spaces per
dwelling unit:
(1) Repair and maintenance, interior alterations, and structural
alterations, as provided for in Section 20.62.040 (A -C).
(2) Minor additions to existing buildings, such as the construction
of bathrooms, closets and hallways, or the expansion of
existing rooms, subject to the floor area limits of Section
20.62.0.040 (D -1 — D3).
(3) Addition of a new room provided that there is no net increase
in the number of habitable rooms, upon the approval of a
11/24/99
4511
Page 20.62 -5
Nonconforming
Structures and Uses
modification permit, subject to the floor area limits of Section
20.62.0.040 (D -1 — D -3).
b. Residential development having at least 2 parking spaces per
dwelling unit may be altered or expanded as provided in Subsection
A -1 -a, except that:
(1) The approval of a modification permit shall not be required
for the addition of a new room provided that there is no net
increase in the number of habitable rooms.
(2) Additional rooms may be added upon the approval of a
modification permit.
2. Size of Parking Spaces.
a. No discretionary approvals shall be required for the alteration or
expansion of buildings which are nonconforming only because
amendments to this code have changed the dimensions of required
parking spaces subsequent to the original construction of the building,
provided that the building and any proposed addition shall conform to
current provisions of this code with regard to the number of required
parking spaces.
b. Where the dimensions of required parking spaces do not meet
provisions of Subsection A -2 -a, above, or current standards, alteration
of the structure may be permitted only upon the approval of a
modification permit.
3. Covered and Enclosed Parkin¢.
Residential development having less than the required number of enclosed
parking spaces:
a. Repair and maintenance, interior alterations, and structural
alterations, as provided for in Section 20.62.040 (A -C).
b. Minor additions to existing buildings, such as the construction of
bathrooms, closets and hallways, or the expansion of existing rooms,
subject to the floor area limits of Section 20.62.0.040 (D).
11/24/99
Page 20.62 -6
Nonconforming
Structures and Uses
C. Addition of a new room provided that there is no net increase in the
number of habitable rooms, upon the approval of a modification
permit, subject to the floor area limits of Section 20.62.0.040 (D).
B. Nonresidential Uses. Where nonresidential structures and uses are nonconforming
only because they do not provide the number of parking spaces required by this code,
the following shall be controlling:
Continuation or Change. Nonconforming structures and uses in
nonresidential zoning districts may be continued or changed to a use
requiring the same or less on -site parking, consistent with all other provisions
of this code.
2. Repair and maintenance, interior alterations, and structural alterations, as
provided for in Section 20.62.040 (A -C).
Enlargement or Intensification.
a. More Than 10% Increase
The nonconforming structure or use may be enlarged by more than 10
percent of its original gross floor area, or onsite uses may be
intensified such that code required parking would increase by more
than 10 percent, in any 12 month period, only if all code required
parking is provided, unless a waiver or reduction of the parking
requirement is authorized by use permit approved by the Planning
Director.
b. Less Than 10% Increase
A nonconforming structure or use may be enlarged by less than 10
percent of its original gross floor area or intensified to generate less
than a 10 percent increase in code required parking, upon the
provision of code required parking attributable to the enlargement or
intensification.
4. Removal. All nonconforming rights with regard to parking shall be lost
for any non - accessory building which is demolished.
11/24/99