Deed - 1433 East 14th St - File 1321, 1997-0716

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1.28.040 Public parking and pedestrian areas. The parking and open space plan, Exhibit 1.28.030, indicates the location of public park- ing areas and fully improved pedestrian open space areas; the latter consists of public malls and plazas improved with various amenities connecting off-street parking facilities with commercial and business frontages. (Plaza 2 redev. plan § 4(D), 1988) 1.28.050 Open space (natural state). Open space in a natural state along San Leandro Creek, as delineated on the land utili- zation plan, Exhibit 1.28.020, and parking and open space plan, Exhibit 1.28.030, shall be preserved and maintained by the owners thereof. No tree larger than four inches in di- ameter, measured at a point twelve (12) inches above average natural grade, shall be cut, damaged or removed without prior approval by the agency. No cutting or filling of any land shall be undertaken without prior ap- proval by the agency. No obstruction to the natural flow of water through such area shall be permitted. No building or structure shall be erected therein without prior agency approval. (Plaza 2 redev. plan § 4(E), 1988) 1.28.060 Existing uses (non- conformity). Existing uses permitted by this plan may continue in use subject to the rules and stan- dards governing owner participation refer- enced herein. Existing residential uses in areas in which residential uses are not permitted by this plan may continue subject to compliance with the rules for residential occupancy adopted by the agency. Other existing uses not permitted in their present locations by this plan, or any amendments thereto, may con- tinue only until the expiration of the lease or 1.28.040 other rental agreement in effect on the date of adoption of this plan, or any amendments thereto, or until a change in ownership from that which exists on the date of adoption of this plan, or any amendment thereto, which results in a use or uses becoming non- conforming, whichever occurs first. The agency may permit an extension of a lease or other rental agreement, or execution of a new lease or other rental agreement, or a change in use from an existing use to a similar use, or to a use of a more restrictive character (in any case of non -conformity) in which, in the exclusive determination of the agency, an acute personal or financial hardship exists, provided such approval includes a specific time for discontinuance of such non- conforming use agreed to by the owner and lessee or operator thereof. The agreement be- tween the owner and lessee or operator and the agency shall conform with the provisions of Chapter 1.40 (Owner and Business Tenant Participation) of this plan and shall include such other provisions and conditions deemed necessary and reasonable by the agency in carrying out the purposes of the redevelop- ment plan. A non -conforming use shall not be enlarged, increased, or expanded to occupy a greater area of space or property than that oc- cupied or utilized at the time the use became non -conforming by this plan or by the citv's zoning code. The agency may permit altera- tions to a building accommodating a non- conforming use or improvements to a site upon which such a use may be located. pro- vided such alterations do not result in an ex- pansion or enlargement of building space or area occupied by such use and provided they comply with applicable uniform building and fire codes or standards or regulations adopted by the agency applicable to the use, mainte- 39 (San Leandro Redevelopment Agency Supp. No. I, 10-04)