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<br />Staff also proposes clarifying that while changes in use are not subject to the <br />design standards and guidelines, they are still subject to the use regulations <br />(Section 2.0.1.a, Page 25). <br /> <br />Non-Conforming Uses <br />Non-conforming uses in Downtown are subject to Article 33 of the Zoning Code entitled <br />Nonconforming Lots, Uses, Structures, and Parking. This code allows non-conforming <br />commercial uses to continue their operation unless the use has ceased for more than <br />12 months. Non-conforming uses in a residential or mixed-use zoning district have a <br />shorter timeframe of six months for ceased operations. The Council directed staff to <br />study whether to reduce the timeframe for Downtown non-conforming uses. <br />Staff polled California cities using the League of California Cities' Housing, Community <br />& Economic Development listserve to determine if other communities had timeframes <br />that are shorter than six months. Of the eight Cities that responded, four have a shorter <br />timeframe and which are linked to specific uses. For example, Walnut Creek’s <br />nonconforming timeframe is six months except for nonconforming alcohol service, which <br />is three months. Similarly, Emeryville’s timeframe is 12 months unless the <br />nonconforming use is listed as a “use of special concern”, in which case the timeframe <br />is three months. <br />The Planning Commission recommended a three month timeframe as the goal is to <br />replace nonconforming uses with conforming ones in Downtown. The six month <br />timeframe, currently in place for mixed-use zoning districts, may be too long to reach <br />this goal. The City Attorney’s office has confirmed that merely reducing the period after <br />which a non-conforming use cannot be re-established from 6 to 3 months is unlikely to <br />present a risk of liability for the City. Based on the Planning Commission’s direction, <br />staff recommends a three month timeframe for ceased nonconforming uses to be re- <br />established in the DTPP. <br />GENERAL PLAN AND ZONING COMPLIANCE <br />The proposed amendments are consistent with the General Plan as they promote a <br />vibrant and dynamic downtown with a mix of uses which promote pedestrian activity and <br />7.A. - Page 8