Title
Study Session Zoning Code Amendments - Non-Conforming Buildings And Uses, Lapse Of Uses And Permits - Study session to discuss proposed zoning code amendments to: 1) reinstate provisions relating to non-conforming lots that were inadvertently deleted during the most recent code update; 2) address other outdated sections relating to non-conforming uses and buildings; and 3) provide a process for formally lapsing unused permits and non-conforming uses. CEQA Determination: Exempt pursuant to CEQA Guidelines Section 15061(b)(3).
Body
To: Honorable President and Members of the Planning Board
EXECUTIVE SUMMARY
The Alameda Municipal Code (AMC) provides for the retention, modification and replacement of non-conforming buildings and uses. This is necessary because, as zoning regulations evolve, certain pre-existing buildings and uses, which were established under prior rules, become inconsistent with the new rules but may still be viable to maintain for an indefinite period of time. These uses and buildings may also need repair or expansion, or may change use over time, so the zoning code needs to provide rules for how those changes are considered in light of vested property rights and a general intent to gradually bring non-conforming uses and buildings into line with current expectations for development in the City. In addition, some permits are approved but never implemented or uses are abandoned, and a procedure is needed to declare these permits and uses lapsed. Staff has assembled a group of related provisions and proposes edits as shown in the attachment to this report.
BACKGROUND
General History. The City's existing zoning code includes provisions regarding non-conforming uses and buildings. Adopted in the early 1900s, it has continued in substantially the same form ever since, though there were amendments made in 1940 and in 1958; the current zoning code reflects in large part the 1958 code. In fact, particular sections of the code still refer to a thre...
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