Alcohol sales make up 25% or more of the establishment's total gross sales in a calendar year as established in Section 17.96.030(2)(c) or (2)(d); or

The establishment contains less than 23,000 square feet of gross floor area and engages in the sale of alcoholic beverages, as defined in California Business and Professions Code Section 2300, as that code section may be amended, supplemented or renumbered, for off-premises consumption, other than, or in addition to beer and wine as defined in California Business and Professions Code Sections 23006 and 23007, as those sections may be amended, supplemented or renumbered.

Termination for Violation or Change of Use. Whenever any of the following facts are found by the director to exist with reference to a nonconforming use, building or structure, the same shall automatically be deemed abated and usage thereof shall forthwith be terminated, except as otherwise herein expressly provided:

Abatement—Expiration of Time.

Order of Abatement. Where any one of the facts set forth in subsection A of this section are found to exist by the director, or where he or she finds that the abatement period, as to a building, use or structure, as set forth in subsection B of this section, has expired, he or she shall issue a written order of abatement (hereinafter "order"), and give notice thereof to the owners and/or persons in possession thereof. Such order shall contain a description of the property affected, the basis for the issuance of such order, the method of abatement, and the time within which such abatement shall occur. Such order shall be deemed final and conclusive on the thirtieth (30th) day after the giving of notice thereof, in the absence of an appeal, timely perfected as hereinafter provided. The owner and/or person in possession of the property, to which an order of abatement relates, shall comply within the same time and manner stated in such order, as of the date such order becomes final. The provisions of this code, relating to public nuisance abatement, may be, where deemed necessary by the director, utilized to obtain compliance with a final order, as well as any other legal method to insure compliance with such order.

Notice of Decision.

Definitions. For the purpose of this chapter, "owner" means owner or owners of the fee interest in the property to which an order relates; the owner or owners of any beneficial interest under a trust deed relating to such property; the purchaser and vendor under a land sale contract relating to such property; and, a tenant under a written recorded lease, as such interests are shown by a title search conducted by a qualified title company.

Appeals from Order by Director. The owner of property to which an order relates, or authorized agent, may file an appeal from the order issued by the director. Any order issued by the director pursuant to this chapter shall be final and conclusive unless an appeal of the director's order is filed as set forth in Chapter 2.100 of Title 2 of this code.

Consideration on Appeal. At any appeal hearing held pursuant to this chapter and Chapter 2.100 of Title 2 of this code, before either the planning commission or the city council, any interested person shall be given a reasonable opportunity to be heard, and any applicable staff reports relating to such matter shall be considered. In proceedings pursuant to subsection B of this section, the planning commission and/or council shall determine whether the applicable abatement periods, as set forth in subsection B of this section are appropriate as applied to the facts of the case. In making such determination, the planning commission and/or council shall consider the date the buildings or structures were constructed; the original cost thereof; whether such original cost has been, or could have been, recovered by the owner under generally accepted accounting practices; and whether it is feasible to relocate such building or structures. Based upon such evidence, the planning commission and/or council shall determine whether such abatement period specified in subsection B of this section is reasonable. The planning commission and/or council may extend the prima facie periods of abatement, as set forth in subsection B of this section, in order to establish a reasonable period of abatement, based upon the facts so presented.

Ordinary Repair and Maintenance. The ordinary repair and maintenance of a nonconforming building or structure shall be permitted, provided that the cost thereof shall not exceed, in any calendar year, an aggregate total of 50% of the then assessed value of the building or structure.

Eminent Domain. The repair, reconstruction or remodeling of any building or structure shall be permitted where a part of such building or structure is taken for any public use by condemnation, dedication or purchase by any agency having the power of eminent domain. Such reconstruction, alteration or repair shall be limited to that necessary to render the building or structure reasonably safe for continued use.

Conforming Buildings. This section shall not be construed to place any limitation upon any reconstruction, repair or remodeling deemed appropriate by the property owner where the building or structure is conforming but the use thereof is not.

Partial Destruction. Where any nonconforming building or structure is damaged or partially destroyed by fire, explosion, Act of God, or any other casualty, the same may be restored to the condition in which it existed immediately prior to the occurrence of such casualty, provided that the aggregate total reconstruction cost does not exceed a sum equal to one-half the then-assessed value of the building or structure; provided that all such construction and/or repair work shall be completed within a period of one year from and after the date of the occurrence of the casualty.

Assessed Value. For the purpose of this section, "assessed value" means the then-assessed value of the building or structure as shown on the current assessment role in effect at the time of the occurrence of such casualty, or, the time of the maintenance and repair.

Elimination of Nonconformity. Such work shall be permitted in order to render the use, building or structure in conformity with the provisions of this title; or

Compliance with Laws. Such work shall be permitted in order to comply with any law enacted subsequent to the adoption of the provisions of this chapter, other than zoning regulations; or

Nonconforming Residential Uses. Such work shall be permitted as to any nonconforming residential use located in a residential zone, providing that any such work shall comply with all applicable regulations, including the regulations of this title, relating to such property, provided that such work does not expand the degree of such nonconformity; or

Other Nonconforming Uses—Parking Facilities. Such work shall be permitted in connection with any nonresidential use, building or structure, which is nonconforming solely by reason of an insufficient number of off-street parking facilities, and such work would not otherwise require, by reason of such construction, additional parking facilities; provided that if the existing off-street parking facilities for any use, building or structure are not sufficient to comply with the requirements of this title after such expansion, increase or modification, additional parking facilities shall be added. The capacity of such additional facilities shall equal the difference between the off-street parking facilities these regulations would require for such use as expanded, increased or modified, and the off-street parking facilities as required for such use before such expansion, increase or modification. Any additional off-street parking facilities required hereunder shall be developed pursuant to the provisions of this title.

Mixed Uses. Where a building or buildings and/or structures, located on a lot or combination of lots forming a single complex are conforming, but all or a portion of the usage thereof is nonconforming, solely by reason of the fact that such use is not a permitted use in the zone, no new use shall be permitted in such building, buildings or structures unless the off-street parking requirements of these regulations are met as to such new use.

Buildings or Structures Under Construction. Any building or structure for which a valid lawful building permit has been issued, and is in force prior to the operative date of these regulations, or any amendment hereto, which enactment has the effect of rendering such building or structure nonconforming, may be completed and utilized provided that the same is completed in accordance with the plans and specifications based upon which such building permit was issued.

Public Utilities Exempted. The foregoing provision of this chapter concerning the required removal of nonconforming buildings and uses, and the reconstruction of nonconforming buildings partially destroyed, shall not apply to public utility buildings and structures when such buildings and structures pertain directly to the rendering of the service or distribution of a utility, such as steam electric generating stations, electric distribution and transmission substations, communications equipment buildings, water wells and pumps, gas storage, metering and valve control stations; nor shall any provision of this chapter be construed or applied so as to prevent the expansion, modernization or replacement of such public utility buildings, structures, equipment and features, as are used directly for the delivery of or distribution of the service, provided that this section shall not exempt such uses from the provisions hereof covering nonconformity of such buildings, structures or uses, as to those not immediately related to the direct service to consumers, such as warehouses, storage yards and the like.

Public Acquisition. Whenever any lot, any building or any structure is rendered nonconforming within the meaning hereof solely by reason of: (1) dedication to, or purchase by the city for any public purpose; or (2) eminent domain proceedings, which result in the acquisition by the city of a portion of such property, the same shall not be deemed nonconforming within the meaning of this chapter, provided that if, subsequent to such acquisition, the buildings and/or structures located upon such lot, are wholly destroyed, no reconstruction shall take place unless compliance is had with all applicable provisions of this title.

Yard Requirements. Notwithstanding any provision of this code, no building or structure which was erected subsequent to August 1, 1969 and prior to December 21, 1971, shall be deemed nonconforming if the sole reason for such nonconformity is the application thereto of the provisions of Sections 17.24.050 and 17.24.060 of this title, if such buildings and structures complied with the zoning regulations applicable to side yards as is set forth on Exhibit "A" attached to the ordinance codified in this section and incorporated herein by this reference. The public interest, convenience and necessity require the granting of the exemption contained in this section for the reason that during the period of time referred to herein, by inadvertence, the building department of the city, based upon the copies of the new zoning ordinance as published, were enforcing and requiring compliance with the provisions of Exhibit "A," notwithstanding the fact that in August of 1969, the city council established different side yard requirements for the R-3 zone. In view of the enforcement which occurred during such period of time, it would be inequitable to render relatively new buildings nonconforming solely by reason of such enforcement.

Change of Use. A use which is nonconforming solely by reason that it does not meet the applicable offstreet parking requirements for such use, may be changed to a use permitted in the zone, provided the applicable off-street parking requirements for such new use do not increase the degree of nonconformity.