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Implementation Regulations Growth Limitation Plan his /her behalf may be rebuilt on the same site, with up to the same amount of square footage or number of dwelling units that originally existed on the site prior to destruction (January 1990 or later), regardless of the floor area ratio or residential density range designated in the General Plan. If the land use is inconsistent with the current General Plan land use designation, and more than 50% of the value of the structure was destroyed, the Planning Commission may approve a Conditional Use Permit to allow the use to continue if it can make the necessary findings as specified in the Municipal Code. If the applicant wishes to change the land use after the structure was destroyed, the proposed project must comply with the Growth Limitation Plan and development standards in effect at the time the application is deemed complete. If the proposed use requires a General Plan Amendment and Rezoning, the applicant is given credit for the same number of peak hour trips that were generated by the previous project that was destroyed (January 1990 or later), as long as the size of the building does not exceed what is permitted on the site under the current floor area ratio (see Section VI, "Land Use Changes C. Partially Completed Structures Projects which are under construction, but are not yet complete, are exempt from the roadway level of service standards for the amount of square footage that was approved for the original project. If the structure is changed to another use consistent with the prevailing General Plan land use designation, and is permitted or conditionally permitted under a zoning designation within that General Plan category, the project is exempt for the same amount of square footage or dwelling units that were originally approved, but is not exempt for any new square footage or dwelling units. When considering a request for a Conditional Use Permit, the Planning Commission may review the number of peak hour trips generated by the proposed land use, assess the use against the preference criteria, and compare the proposed use to the existing use, before granting a Conditional Use Permit. If a General Plan change is requested and approved, the applicant is given credit for the same number of peak hour trips that would have been generated by the approved project. All net new development over the amounts originally approved will be deducted from the commercial or residential development caps. Residential units demolished for a non residential use will be added back into the residential development cap; commercial square footage demolished for a non commercial use will be eliminated and will not be credited to the commercial development cap. 12