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• 1.28.040 1.28.040 Public parking and other rental agreement in effect on the date of pedestrian areas. • adoption of this plan, or any amendments • The parking and open space plan. Exhibit thereto, or until a change in ownership from 1.28.030, indicates the location ofpublic park- that which exists on the date of adoption of ing areas and fully improved pedestrian open this plan. or any amendment thereto, which space areas; the latter consists of public malls results in a use or uses becoming non - and plazas improved with various amenities conforming, whichever occurs first. connecting off - street parking facilities with The agency may permit an extension of a commercial and business frontages. (Plaza 2 lease or other rental agreement, or execution redev. plan § 4(D), 1988) of a new lease or other rental agreement, or a change in use from an existing use to a similar 1.28.050 Open space (natural state). use, or to a use ofa more restrictive character Open space in a natural state along San (in any case of non-conformity) in which, in Leandro Creek, as delineated on the land utili- the exclusive determination of the agency, an zation plan. Exhibit 1.28.020, and parking and acute personal or financial hardship exists, open space plan, Exhibit 1.28.030, shall be provided such approval includes a specific preserved and maintained by the owners time for discontinuance of such non - thereof. No tree larger than four inches in di- conforming use agreed to by the owner and ameter, measured at a point twelve (12) inches lessee or operator thereof. The agreement be- above average natural grade, shall be cut, tween the owner and lessee or operator and damaged or removed without prior approval the agency shall conform with the provisions by the agency. No cutting or filling of any of Chapter 1.40 (Owner and Business Tenant land shall be undertaken without prior ap- Participation) of this plan and shall include proval by the agency. No obstruction to the such other provisions and conditions deemed natural flow of water through such area shall necessary and reasonable by the agency in be permitted. No building or structure shall be carrying out the purposes of the redevelop - erected therein without prior agency approval. ment plan. (Plaza 2 redev. plan § 4(E), 1988) A non - conforming • use shall not be enlarged, increased, or expanded to occupy a 1.28.060 Existing uses (non- greater area of space or property than that oc- conformity). cupied or utilized at the time the use became Existing uses permitted by this plan may non - conforming by this plan or by the city's continue in use subject to the rules and scan- zoning code. The agency may permit altera- dards governing owner participation refer- lions to a building accommodating a non - enced herein. Existing residential uses in areas conforming use or improvements to a site in which residential uses are not permitted by upon which such a use may be located. pro - this plan may continue subject to compliance vided such alterations do not result in an ex- with the rules for residential occupancy pansion or enlargement of building space or adopted by the agency. Other existing uses not area occupied by such use and provided they permitted in their present locations by this comply with applicable uniform building and plan, or any amendments thereto. may con - fire codes or standards or regulations adopted tinue only until the expiration of the lease or by the agency applicable to the use, mainte- 39 (San Leandro Redevelopment Agency Supp. No. I. 10-041