Non-conforming use & LLA

[VANCE]

Do a one lot subdivision with a remainder parcel. Put the non-conforming building on the remainder. That will drive the city planners crazy. Also see if they have an ordinance in regards to conditional certificates of compliance for the remainder parcel.

[Ben Lund]

My understanding is typically the planning department cannot issue any approval on a legal non-conforming parcel until the parcel is conforming (or is made to conform via the permit/approval).

[subman]

Most areas have planning consultants that specialize in challenging local planners in properly applying the code. We often criticize planners for trying to step into the realm of land surveying. Although we are authorized to do "land planning", sometimes it is best to bring someone onto the team, when the need arises, that deals with these types of code details week in and week out. May be worth the consulting fee to get a quick resolution, opposed to burning a lot of your hours fighting the good fight. The planning consultant may have a knowledge base of past similar cases to toss in their face. Good luck!

[Ben Lund]

Steve,
I had a conversation with an attorney just recently about this logic. Your question (and mine) is how can a buyer purchase a single family residential which was built at a time when its use was consistent with all applicable laws and regulations and then later become "legal non-conforming" and now not be able to enjoy the benefits of adding a room, pool, lot split, whatever because the zone has changed?

In other words, when the property was purchased, all of the inherent rights that go along with the fee title (the ability to add to the home, pool, patio, fence, etc) should stay with that owner. I could see maybe changing these “rights” at a time of sell but isn’t this also part of the fee ownership rights (i.e. the right to sell your property with the same rights you currently enjoy).

[Anthony Maffia]

The city can deny the LLA outright because of the zoning issue. I think they get to define the process here.

Assuming both structures are in good condition, apply for a parcel map & zoning change for the triplex structure.

Argue the triplex isn't going anywhere, the city permitted it, and so they shouldn't encumber or devalue the entire property because of it. Zoning is geared towards future development, and should be a secondary concern with existing uses. Prepare to appeal to the Planning Commission if you get denied.

It will open the applicant to possible significant fees and COPs though. Try to avoid paying fees until as late in the process as possible.

[mpallamary]

Yes and I agree. You cannot increase the degree of nonconformity as to do so, thwarts the planning and zoning process. For better or worse, the law also assumes that processes like this are intended as an end run by a scofflaw. In other words, the government cannot and will not validate an illegal use or activity through this process. That is not to say the city/county will not validate the use. It is just that the LLA is not the correct process. You have to pursue another remedy and exhaust the administrative remedies available to you. As to the grandfathering activity, that is generally allowed to remain as long as the other facets of the land are maintained. As soon as you attempt to process something different, you lose your conconforming rights. In addition to doing a lot of this work as part of my practice, I served as a member of the Board of Zoning Appeals in San Diego for 8 years and I co-wrote some of the related codes.

Good luck.