Laserfiche WebLink
1.28.040 <br />1.28.040 Public parking and <br />pedestrian areas. <br />The parking and open space plan, Exhibit <br />1.28.030, indicates the location of public <br />parking areas and fully improved pedestrian <br />open space areas; the latter consists of pub- <br />lic malls and plazas improved with various <br />amenities connecting off-street parking fa- <br />cilities with commercial and business <br />frontages. (Plaza 2 redev. plan § 4(D), 1988) <br />1.28.050 Open space (natural state). <br />Open space in a natural state along San <br />Leandro Creek, as delineated on the land <br />utilization plan, Exhibit 1.28.020, and park- <br />ing and open space plan, Exhibit 1.28.030, <br />shall be preserved and maintained by the <br />owners thereof. No tree larger than four <br />inches in diameter, measured at a point <br />twelve (12) inches above average natural <br />grade, shall be cut, damaged or removed <br />without prior approval by the agency. No <br />cutting or filling of any land shall be under- <br />taken without prior approval by the agency. <br />No obstruction to the natural flow of water <br />through such area shall be permitted. No <br />building or structure shall be erected therein <br />without prior agency approval. (Plaza 2 re- <br />dev. plan § 4(E), 1988) <br />1.28.060 Existing uses (non- <br />conformity). <br />Existing uses permitted by this plan may <br />continue in use subject to the rules and <br />standards governing owner participation <br />referenced herein. Existing residential uses <br />in areas in which residential uses are not <br />permitted by this plan may continue subject <br />to compliance with the rules for residential <br />occupancy adopted by the agency. Other <br />existing uses not permitted in their present <br />locations by this plan, or any amendments <br />(San Leandro Redevelopment Agency Supp. No. 2, 12-05) 40 <br />thereto, may continue only until the expira- <br />tion of the lease or other rental agreement in <br />effect on the date of adoption of this plan, or <br />any amendments thereto, or until a change in <br />ownership from that which exists on the date <br />of adoption of this plan, or any amendment <br />thereto, which results in a use or uses be- <br />coming non -conforming, whichever occurs <br />first. <br />The agency may permit an extension of a <br />lease or other rental agreement, or execution <br />of a new lease or other rental agreement, or <br />a change in use from an existing use to a <br />similar use, or to a use of a more restrictive <br />character (in any case of non -conformity) in <br />which, in the exclusive determination of the <br />agency, an acute personal or financial hard- <br />ship exists, provided such approval includes <br />a specific time for discontinuance of such <br />non -conforming use agreed to by the owner <br />and lessee or operator thereof. The agree- <br />ment between the owner and lessee or op- <br />erator and the agency shall conform with the <br />provisions of Chapter 1.40 (Owner and <br />Business Tenant Participation) of this plan <br />and shall include such other provisions and <br />conditions deemed necessary and reasonable <br />by the agency in carrying out the purposes <br />of the redevelopment plan. <br />A non -conforming use shall not be en- <br />larged, increased, or expanded to occupy a <br />greater area of space or property than that <br />occupied or utilized at the time the use be- <br />came non -conforming by this plan or by the <br />city's zoning code. The agency may permit <br />alterations to a building accommodating a <br />non -conforming use or improvements to a <br />site upon which such a use may be located, <br />provided such alterations do not result in an <br />expansion or enlargement of building space <br />or area occupied by such use and provided <br />they comply with applicable uniform build - <br />