Public Hearing - Nonconforming Structures

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 complies with the minimum dwelling unit size prescribed in the Colton Municipal Code for the type of residential structure being extended and continued. 3. Extension of the nonconforming structure used for residential purposes or nonconforming structure and premises in combination used for residential purposes will not be detrimental to the public health, safety and welfare, or materially injurious to properties or improvements in the vicinity. 4. The Nonconforming structure used for residential purposes or Nonconforming structure and premises in combination has been vacant for less than 24 months. D. Nonconforming Extension Conditions. The Design Review Committee shall have the right to impose reasonable conditions upon the extension of time granted. At a minimum, such conditions shall include the following: 1. The applicant/owner shall enter into an agreement, acceptable to the Community Development Director and city attorney, agreeing to the conditions of approval for the extension of time, agreeing to terminate the use upon the termination of the time period and securing such termination with appropriate forms of security. The agreement shall be recorded as a covenant against the property to advise subsequent buyers of these requirements. 2. The applicant shall not enlarge or extend any nonconforming structure beyond its current legal footprint. SECTION 3: CEQA Determination. The City Council hereby finds and determines that it can be seen with certainty that there is no possibility that this ordinance may have a significant adverse effect on the environment. Thus, the adoption of this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines. Staff is directed to file a Notice of Exemption with the San Bernardino County Clerk's Office within five (5) working days of project approval.