The following agencies shall be primarily responsible for the administration and enforcement of this title as stated. However, all city staff shall assist, particularly as the functions of their department relate to the providing of public facilities including streets, drainage, sewers, etc., or the issuance of permits and licenses.

A.

Police Department. The provisions of this Title with respect to the keeping of animals and fowl shall be enforced by the animal control officer. The conditions for the keeping and maintenance of animals and fowl are set forth in Title 8.

B.

Planning Agency. The city council, planning commission, director of community development, and community development department are hereby designated collectively as the planning agency. The planning agency shall perform all functions required by California state law. The specific duties and functions of the council, commission, and departments relative to this title are given below.

1.

Perform all functions required by California law of a planning agency.

2.

Furnish information and general assistance to the public in the administration of this title.

3.

Maintain the zone map.

4.

Review site development plans as to their compliance with the requirements of this title.

5.

Review applications for adjustments in development regulations.

6.

Interpret, administer and enforce this title.

7.

Assist the planning commission in performance of its functions.

(Ord. 2600 § 2; April 28, 1992)

C.

Community Development Department. The functions of the community development department shall be to:

1.

Furnish information and general assistance to the public in the administration of this title.

2.

Maintain the zone map.

3.

Review site development plans as to their compliance with the requirements of this title.

4.

Interpret, administer and enforce this title.

5.

Assist the planning commission in performance of its functions.

(Ord. 2312; May 12, 1983: Ord. 2600 § 3; April 28, 1992)

D.

Building Department. The authority and functions of the department of building inspection and housing shall include administering and enforcing all provisions of this title with respect to:

1.

All provisions of approved plans and all requirements in connection with the initial development of the site.

2.

Required improvements both onsite and offsite included, but not limited to, landscaping, installation of curbs and gutters, hard surfacing of parking lots, driveways, street improvements, drainage facilities, etc.

3.

Initial occupancy of buildings.

E.

Planning Commission. The authority and functions of the planning commission in the administration of this title shall be to:

1.

Review and approve plans, including site development plans when either required of or when appealed or referred to the commission, and to perform such other functions as provided by this title.

2.

Resolve the question as to whether or not a proposed use is permitted in one or more zones in keeping with the general description and intent of such zones and the land use element of the General Plan.

3.

Consider appeals from any determination made in the administration or enforcement of this title.

4.

Review applications for special permits, conditional use permits and variances.

5.

Perform other functions as provided by state law.

6.

Resolve questions or alleged ambiguity on appeal from the determination of the community development department.

(Ord. 2600 § 4; April 28, 1992)

F.

Reserved. (Repealed by Ord. 2600 § 5; April 28, 1992)

G.

Director of Community Development. The authority and functions of the director of community development, or designee, in the administration of this title and this code shall be to perform those functions specified by state law and this code, reviewing and approving projects, including, but not limited to, site development plans and tentative parcel maps, and to perform such other functions as provided by this title and this code. The specific responsibilities and procedures for review of applications and final determinations by the director of community development shall be established by administrative instruction of the city manager.

H.

Appeals Board. The city council is hereby designated as the appeals board to hear appeals from decisions of the planning commission and determine whether an error was made. Upon findings of error the appeals board may uphold, modify, or reverse the decision. All appeals shall be conducted in public hearing.

(Ord. 2600 §§ 2—6; April 28, 1992)

I.

Design Review Board. The authority and functions of the design review board shall be to:

1.

Review and approve site development plans in accordance with requirements and provisions of the La Mesa Urban Design Program and Procedures as adopted in Resolution Nos. 15539 and 15540.

2.

Review and approve site development plans in the Urban Design Overlay Zone (Ordinance No. 2478).

3.

Review and make recommendations on development proposals, plans, and other urban design related issues as directed by the city council.

4.

Review and update the Urban Design Program as required from time to time to maintain consistency with the city's General Plan and other related planning documents.

(Ord. 2477 § 1; October 27, 1987: Ord. 97-2686 § 1; November 25, 1997; Ord. 2021-2886, §§ 10—12, June 8, 2021)

A business license, Certificate of Occupancy, building permit or any other permit or license pertaining to the use of and or structures shall be issued only if such uses and structures conform with the requirements of this title.

A Certificate of Occupancy may be used for the purpose of documenting the status of any building, structure or use. Application for a Certificate of Occupancy shall be made to the building department.

Site development plan reviews are required as per this title to ensure that development requirements are complied with and that design objectives are met. Site development plans shall be considered only upon written application on such form provided. An application shall be accompanied by required filing fees and any additional information specified.

An application for site development plan review shall be considered for approval by the director of community development, by the planning commission, or by the commission and the city council, as specified by this title, after acceptance of the application as being complete. The community development department shall prepare a written report to the commission on each application required to have commission or commission-and-council review.

An application for site development plan may be approved, approved subject to conditions, or denied. For all site development applications that do not otherwise require public notice, a draft determination shall be posted for public review and comment for not less than five calendar days prior to a final determination on the site development plan application. Approval shall be granted only after all required findings have been made. Approval may be made subject to such conditions as are deemed necessary to ensure that development requirements are complied with, that design objectives are achieved, and that no detriment to the public health, safety or welfare will result.

The action to approve, approve subject to conditions, or deny a site development plan shall be noticed by mail to the applicant. Such action shall become final on the tenth day following the date of mailing of such notice unless appealed in writing within this time period as per this title. The planning commission shall consider appeals of a determination on a site development plan application by the director of community development. The city council shall consider appeals of a determination on a site development application by the planning commission. A determination by the city council is final.

(Ord. 2021-2886, § 13, June 8, 2021)

Urban design review is required as per this title to insure that the objectives of the urban design program (Resolution No. 15539) and urban design review (Resolution No. 15540) are met. Urban design review shall be initiated after the acceptance of a written application on such form as provided by the director of planning. An application shall be accompanied by schematic or final site development plans, required filing fees, and all information as specified on the design review application form and any additional information as required by the director of planning or the design review board in order to adequately evaluate a project's consistency with the urban design program.

A.

An application for urban design review shall be considered for approval by the design review board after acceptance of the application as being complete. The designated planning department staff member shall prepare a written report to the board or city council on each application required to have board or council review. Design review board decisions may be appealed to the city council or called for review by the city council as specified by this chapter.

B.

An application for urban design review may be approved, approved subject to conditions, or require redesign of the project to meet the goals and policies established in the urban design program. Approval shall be granted only after all required findings have been made. Approval may be made subject to such conditions as are deemed necessary to insure that design objectives and guidelines are achieved and that no detriment to the public health, safety, or welfare will result.

C.

The action to approve, approve subject to conditions, or require redesign of a project shall be noticed by the mailing of a certification of action by the design review board to the applicant. Such action shall become final on the tenth day following the date of mailing of such notice unless appealed in writing within this time period as per this title. A determination by the city council is final.

(Ord. 2477 § 2; October 27, 1987)

The city shall develop and maintain a Tree Policy Manual which provides for policies and guidelines for the planting, care, preservation, maintenance, and removal of trees within the public right-of-way and on private property. The Tree Policy Manual shall be approved by the city council. The manual may be amended from time to time to reflect updates to the program, the La Mesa General Plan, or other changes in the physical development or environment of La Mesa.

(Ord. 97-2686 § 2; November 25, 1997; Ord. 2021-2886, § 14, June 8, 2021)

Variances may be authorized to reduce, modify or waive the development standards under any zone when, because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the zone and vicinity. Variances shall be considered only upon written application on such form provided. The application shall be accompanied by the required filing fees, and shall include evidence showing how the building site qualifies for the requested variance. An application shall be heard after the acceptance of the application as being complete, at public hearing duly noticed, before the planning commission. The commission may grant a variance after consideration of the report and the public hearing, only when the following findings are made:

A.

The strict application of the development standard(s) for which the variance is requested would deprive the building site of a development privilege enjoyed by other properties in the same zone and vicinity.

B.

There are special circumstances such as size, shape, topography, location or surroundings which affect the building site and cause the deprivation of development privilege.

C.

Granting the variance would not constitute a grant of special privileges inconsistent with the limitations upon other properties in the same vicinity and zone.

The approval of a variance may be made subject to such conditions as deemed necessary to insure that no special privilege is granted. The action of the planning commission in approving, approving with conditions, or denying a variance shall become final on the tenth day following the date of commission determination unless appealed in writing within this time period to the appeals board.

(Ord. 2312; May 12, 1983: Ord. 2600 § 7; April 28, 1992)

Special permits are required as provided by this title to expand the limits of certain development standards, when such expanded limits are reasonable but need evaluation of impact on adjacent properties and uses. Special permits shall be considered only upon written application on such form provided by the community development department. The application shall be accompanied by the required filing fees. An application shall be heard after the acceptance of the application as being complete, at public hearing duly noticed, before the planning commission. The community development department shall prepare a written report to the commission on each application heard. The commission shall consider the report and testimony at the hearing, and shall evaluate the proposal in terms of view obstruction, scale in relation to other structures in the vicinity, structure design, and offensive characteristics of potential use. The commission shall not approve a special permit except upon finding that:

A.

The location and characteristics of the proposed buildings and/or structures, and the allowed uses of them, will not impact unfavorably upon adjacent properties.

B.

The project is consistent with the design objectives established as policy of the city council.

The approval of a special permit may be made subject to such conditions as are deemed necessary to achieve the objectives of this title and to assure compatibility of the structure(s) with other properties and uses in the vicinity.

The action of the planning commission in approving, approving with conditions, or denying a special permit shall become final on the tenth day following the date of commission determination unless appealed in writing within this time period to the appeals board.

(Ord. 2600 § 8; April 28, 1992)

A conditional use is a use determined by the city as having such unique or diverse characteristics that predetermination of regulations for either its operation or location is not practicable. Unless otherwise permitted by the planning commission, a conditional use shall be the only principal use permitted on the building site. Written application shall be made by the property owner, on such form provided by the community development department, only for a conditional use allowed consideration by this title. The application shall be accompanied by the required filing fees, and shall include evidence that the required findings can be made. An application for conditional use permit shall be heard after acceptance of the application as being complete, at public hearing duly noticed, before the planning commission. The community development department shall prepare a written report to the commission on each application heard. The commission shall grant a conditional use permit after consideration of the report and the public hearing, only when the requirements of the applicable zone, state and local laws are met and all the following findings are made:

(a)

Incompatibility with other uses in the same vicinity will not result.

(b)

Issuance of such a conditional use permit would not lead to the creation of a nuisance and would not endanger the public health, safety or order by:

(1)

Unreasonably increasing pedestrian and/or vehicular traffic in the area in which the premises are located; or

(2)

Increasing the incidence of disruptive conduct in the area in which the premises are located; or

(3)

Unreasonably increasing the level of noise in the area in which the premises are located.

(c)

The use is consistent with the general plan.

The approval of a conditional use permit may be made subject to such conditions as are deemed necessary to assure that the use will conform to the above requirements and findings.

The action of the planning commission in approving, in approving with conditions, or denying a conditional use permit shall become final on the tenth day following the date of commission determination unless appealed in writing within this time period to the appeals board.

A conditional use permit may be revoked by the planning commission if it determines that the permit was obtained through fraudulent representatives or the use was subsequently changed in operation contrary to representations or conditions applied.

(Ord. 2393 § 2; August 13, 1985: Ord. 2392 § 2; August 27, 1985: Ord. 2600 § 9; April 28, 1992)

Any variance, special permit or conditional use permit shall expire by the date established by the agency making the determination or, if no date is specified, one year after the effective date unless such variance or permit is exercised prior to expiration. The planning department may extend the date of expiration up to one year upon written request by the applicant at least thirty days prior to the original date of expiration.

(Ord. 2312; May 12, 1983)

Each appeal or requested review shall be made in writing, setting forth the following information:

a.

The name and mailing address of the person making the request or appeal.

b.

The determination involved.

c.

The error claimed to have been made and all reasons in support of the request.

Appeals from the determination of any agency or officer shall be filed with the community development department. Appeals from decisions of the planning commission shall be filed with the city clerk. The required fee shall be paid with the filing. Except as otherwise stated in the title, all requests shall be filed within ten days following the date of mailing.

(Ord. 2600 § 10; April 28, 1992)

Each determination shall be made in writing and shall be in the form of a resolution or certification.

Each notice of public hearing shall identify any property involved and give the date and time, place and purpose of the hearing. Such notice shall be mailed not less than ten days prior to the date of hearing in accordance with the following:

a.

Appeal of an administrative determination by first class mail to the appellant, to all those previously notified of the action and by personal service to the agency or officer whose decision is appealed.

b.

Conditional use permit, special permit and variance application, by first class mail to the applicant, to the owners of property which adjoins the proposed site, and to all those properties within three hundred feet of the boundary.

c.

Appeal from any determination by the planning commission: Notice shall be given as required for the initial hearing on the matter.

(Ord. 2312; May 12, 1983: Ord. 2600 § 11; April 28, 1992)

Each application shall be made on forms prescribed by the planning department and shall be filed with that department together with the filing fee prescribed by city council.

(Repealed by Ord. 2535)

A.

General Provisions.

(1)

It is the policy of the city of La Mesa to provide for the continuance of nonconforming uses, structures and lots as defined in this chapter where, of themselves, such nonconformities do not endanger the public health, safety, and welfare, for a reasonable period of time commensurate with the effect of the use or structure on the surrounding area and with consideration for investment and economic return expected from the use and structure.

(2)

The policies and procedures in this section are intended to provide for limitations to the continuance of nonconforming uses, structures and lots, and their abatement as required in this section, but shall not in any way limit the authority of the city to regulate illegal uses or other violations of this chapter.

(3)

All nonconforming use, structures and lots shall be subject to the regulations herein, except for nonconforming adult entertainment uses which are regulated by Section 24.02.140. Where circumstances exist that multiple nonconforming classes exist for a single use or structure, each of the classes shall be treated individually as set forth in these regulations.

(4)

Within the zones established by this chapter or amendments that may later be adopted, there exist uses, structures and lots which were lawful on or before the effective date of this section or an amendment thereto, but which would be prohibited under the terms of this chapter to permit these nonconforming uses to continue until they are terminated, but not to encourage their existence, enlargement, expansion or extension. To avoid undue hardship, nothing in this title shall be deemed to require a change in the plans, construction, or designated use of any building where a building permit has been issued prior to the effective date of this section, provided such permit for construction is diligently carried to completion.

(5)

Continuance—Generally.

a.

Any lawful nonconforming use existing at the time of adoption of this section or any amendment which is found to be consistent with this chapter and does not constitute a public nuisance, may be continued, provided such use is continually maintained and occupied.

b.

A nonconforming use in either a conforming building or a nonconforming building, structure, or portion of either shall neither be extended to any portion of the building or structure not so used nor be enlarged or extended to any other portion of the lot not actually so occupied at the time said use became nonconforming, except as otherwise provided in this chapter.

c.

The director of planning may, in accordance with the procedures contained in this section, issue a certificate of nonconforming use to all known owners of uses or structures subject to the nonconforming use provisions.

d.

Nonconforming uses created by subsequent amendments to this title shall also receive such certificates and be subject to similar procedures. No use of land or structure shall be made other than that specified in the certificate of nonconforming use unless said use is in conformance with regulations in which the property is located.

e.

Uses or structures subject to nonconformity and not issued a certificate of nonconforming use but later discovered to be nonconforming will be issued a certificate subject to the provisions of this section.

(6)

Enlargements and Alterations. No existing building or premises designed, arranged, intended or devoted to a use not permitted in the zone in which such building, structure or premises is located shall be enlarged, extended, reconstructed or structurally altered, except:

a.

Work done for ordinary alterations or replacement of existing walls, fixtures or utilities necessary to meet building and safety code requirements, and not exceeding twice the buildings assessed value, according to the assessment by the county assessor for the fiscal year in which such work is done shall be permitted.

b.

These provisions shall not prevent the expansion, increase in capacity, modernization or replacement of public utility buildings, structures, equipment or facilities as used directly for the delivery of or distribution of the public utility service; provided that all yard requirements of the zone in which the site is located shall be maintained and there shall be no enlargement of site.

(7)

Partially Destroyed Structures.

a.

Unless otherwise permitted for residential buildings or structures, a nonconforming building or structure which is damaged or partially destroyed by fire, explosion, or natural disaster to the extent of not more than one-half the replacement cost prior to the damage may be restored and the occupancy of use of such structure or part thereof existing at the time of such partial destruction may be continued or resumed provided:

1.

Such restoration is of an equal or lesser degree of nonconformity.

2.

The total cost of such restoration does not exceed one-half the replacement cost of the structure at the time of such damage, as calculated by the Building Department.

3.

Permits for such restoration are issued within one year of such damage.

4.

Such damage or destruction is not intentionally caused by the owner to permit new construction under the provisions of this section.

b.

In the event such damage or destruction exceeds one-half the replacement cost of such nonconforming structure, it shall not be reconstructed except in conformity with all use and development regulations for new structures in the zone in which it is located.

B.

Compliance.

(1)

It is the intent of the city of La Mesa and is hereby declared that failure to comply with the requirements of this section with regard to the regulation or, if necessary, the abatement of nonconforming uses, structures on lots, represents a hazard to the public health, welfare and safety.

C.

Nonconforming Uses.

(1)

Unless otherwise required to be abated by this section, nonconforming uses may:

a.

Continue to be operated without change;

b.

Be modified, but not enlarged or made more nonconforming, by special permit if such modifications include measures that meet city development objectives;

(2)

Any nonconforming use which is replaced by a conforming use, or which is discontinued for any continuous period of one hundred eighty (180) days or longer, shall be considered abated and shall not be reestablished. Any nonconforming adult entertainment use which is replaced by a conforming use, or which is discontinued for any continuous period of sixty (60) days or longer, shall be considered abated and shall not be reestablished.

(3)

The nonconforming keeping of animals or fowl or household pets shall end upon their removal or demise, or within the time specified in Title 8, whichever is sooner.

(4)

New uses and structures may be established on a building site when non-conforming use(s) exist on the same building site only when a Certificate of Nonconforming Use has been issued for the site.

D.

Nonconforming Structures.

(1)

Unless otherwise required to be abated by this section, nonconforming structures may:

a.

Continue to be used;

b.

Be modified or expanded but not made less conforming, providing such modified or expanded portion meets city development objectives and the provisions of this Title; or

c.

Be repaired or restored, when the valuation of such repairs or restoration is less than fifty percent (50%) of the valuation of the structure prior to damage, by special permit, except as otherwise provided in this section for residential uses and structures, provided city objectives and the following requirements are reasonably satisfied:

1.

The entire structure shall be made to conform to all of the requirements of the Uniform Building and Fire Codes for the classes of occupancy permitted.

2.

The architectural style of the building shall be improved to be compatible with other buildings in the general vicinity.

3.

The site shall be developed in accordance with the requirements for off-street parking and landscaping standards in accordance with Chapter 24.04 and by city council resolution, requirements of this chapter. The application for special permit shall consist of:

(a)

A detailed plot plan and structural plan as would be required for a new commercial development (the building plans may include photographs of the building to depict existing appearance);

(b)

Elevations drawn to depict the appearance of the building after remodeling;

(c)

A typical wall section showing foundation, wall and roof under existing conditions and a similar section showing proposed alterations;

(d)

The existing floor plan with proposed alterations, together with plumbing and electrical systems. Each of these systems shall be described and an analysis of their condition shall be given, together with description of needed changes with specifications. Such plans shall be prepared and signed by a licensed architect or structural engineer.

4.

For the purpose of this section, the value of the structure prior to damage shall be that determined by the San Diego County Assessor for property tax purposes, and the value of repair or restoration shall be determined by the director of planning in accordance with the Uniform Building Code.

5.

Residential dwelling units may be replaced to the same total number of dwelling units that existed on the building site prior to the damage in accordance with this section and after issuance of a certificate of nonconforming use.

(2)

A nonconforming dwelling may be changed to a conforming commercial building subject to the following requirements:

a.

The entire structure shall be made to conform to all the requirements of the Uniform Building and Fire Codes for the classes of occupancy permitted in the zone in which the lot is classified.

b.

The architectural style of the building shall be improved to be compatible with other commercial buildings in general.

c.

The site shall be developed in accordance with the requirements for: off-street parking and landscaping per Chapter 24.04 and standards established by city council resolution; erection of required fences; relocation of driveways; and requirements of this chapter. The plans for such conversion shall include:

1.

A detailed plot plan and structural plan as would be required for a new commercial development (the building plans may include photographs of the building to depict existing appearance);

2.

Elevations drawn to depict the appearance of the building after remodeling;

3.

A typical wall section showing foundation, wall and roof under existing conditions and a similar section showing proposed alterations;

4.

The existing floor plan with proposed alterations, together with plumbing and electrical systems.

Each of these systems shall be described and an analysis of their condition shall be given, together with description of needed changes with specifications. Such plans shall be prepared and signed by a licensed architect or structural engineer.

(3)

A change of use or occupancy requires the removal of nonconforming fences prior to change of occupancy or new use of the building.

E.

Nonconforming Lots. Nonconforming lots which are substandard with regard to width, depth or area requirements shall be considered as building sites, providing all other provisions of this title with regard to building height, bulk, setbacks, provisions of parking, etc., can be met. Nonconforming lots which have no frontage or guaranteed access to a public street shall not be considered as building sites until standard frontage or guaranteed access of a standard width is acquired.

F.

Nonconforming Churches. Churches of a permanent nature which are nonconforming at the time of adoption of this section or any subsequent amendment thereto, may be continued, reconstructed, structurally altered, extended or enlarged subject to a public hearing and site development plan approval by the planning commission and the city council.

G.

Use Made Nonconforming by Off-Street Parking Requirements.

(1)

Any use which is nonconforming only because of off-street parking requirements of this chapter or any amendment thereto may be expanded, increased, or modified, or converted to a conforming use provided that if the existing parking facilities are not sufficient to comply with the requirements of this chapter after such expansion, increase or modification, additional parking facilities shall be added in accordance with Section 24.04 Parking, of this chapter.

a.

This provision shall not apply to entertainment of public assembly type uses which shall provide the full amount of parking otherwise required for the use.

b.

Any modification of off-street parking requirements permitted by this section shall not be construed to extend the termination date of a nonconforming use as specified by this title.

H.

Conditional Use Provision.

(1)

Any use which is nonconforming by virtue of the fact that it does not have a conditional use permit for such use as required by this chapter or any amendment thereto, shall be permitted to continue such use, but expansion, extension or modification of such use or structure shall require approval of a conditional use permit.

I.

Enforcement.

(1)

Certificate of Nonconforming Use.

a.

The lawful nonconforming status of a use or structure shall be determined by the director of planning after the holding of an administrative hearing and written notice of such hearing to the owner of the property where the nonconforming condition exists. If it is determined that the nonconforming use or structure is in compliance with the provisions of this section and that such nonconforming use or structure does not constitute a significant hazard to public health, safety and welfare, the director of planning shall issue a certificate of nonconforming use. Such certificates shall become effective upon being recorded with the county recorder. The certificate of nonconforming use shall contain the following information:

1.

A legal description of the property;

2.

A description of the nonconforming condition;

3.

A statement of whether said nonconforming condition may be continued, maintained, improved, reconstructed, or restored;

4.

State any terms, conditions, or dates governing whether said nonconforming condition may be continued, must be altered or must be terminated; and

5.

State all findings made in support of the determination and establishing the reasonableness of the amortization period.

b.

In accepting supporting evidence and establishing the reasonableness of an amortization period or conditions for the abatement of a nonconforming use or structure the city shall consider the following:

1.

The total cost of the property and improvements affected by the nonconforming use or structure;

2.

The length of time the nonconforming use or structure has existed or operated in relation to the expected life of the operation or structure;

3.

Costs of moving and re-establishing a use;

4.

The adaptability to a permitted use or structure;

5.

The extent of the nonconformity;

6.

The potential for hazards to public health, safety and welfare; and,

7.

Other related factors.

c.

Certificates of nonconforming use may be reviewed from time to time in accordance with the procedures established in this section and may be revoked if determined, after the required hearings, that such nonconforming use or structure is not in compliance with any conditions established in a certificate of nonconforming use or that said nonconforming condition constitutes an existing or potential hazard to public health, safety and welfare.

d.

A copy of each certificate of nonconforming use shall be recorded with the county recorder and kept on file in the office of the city clerk.

e.

After holding an administrative hearing, the Community Development Director may determine that continuance of a nonconforming use or structure is not consistent with the zoning ordinance or represents a hazard to public health and safety. If a determination is made not to issue a certificate of nonconforming use, a hearing shall be scheduled before the Planning Commission to determine the status of said nonconforming use or structure and whether such nonconforming use should be abated and under what conditions such abatement should occur.

f.

A determination of the Planning Commission to require abatement of a nonconforming use or structure shall be forwarded to the City Council for an abatement hearing to ascertain whether or not said nonconforming use or structure constitutes a public nuisance and to prescribe the conditions for abatement of said nuisance in accordance with this section.

(2)

Abatement of Nonconforming Use and Structures by Violation.

a.

Any of the following violations of this title shall constitute a public nuisance and shall immediately terminate the right to operate a nonconforming use or occupy a nonconforming structure, except as otherwise provided in this chapter;

1.

Changing a nonconforming use to a use not permitted in the zone.

2.

Increasing or enlarging the area, space, or occupancy load by or devoted to such nonconforming use.

3.

Addition to a nonconforming use of another use not permitted in the zone.

4.

A determination that continuance of the nonconforming use or use of a nonconforming structure will constitute a hazard to public health, welfare and safety.

(3)

Abatement by Discontinuance.

a.

Discontinuance of a nonconforming use as defined in this subsection shall immediately terminate the right to operate such nonconforming use, except when extended as otherwise permitted in this section.

1.

Changing a nonconforming use for a conforming use.

2.

Discontinuance of a nonconforming use for a period of one hundred eighty or more successive calendar days.

3.

Discontinuance of a nonconforming use for a cumulative period of eighteen or more months in any consecutive twenty-four month period.

(4)

Abatement Order.

a.

Any use, building or structure which becomes a violation of this ordinance through being illegal, abandoned, or a nonconformity required to be terminated shall be considered a public nuisance and abated in accordance with the provisions of this section.

b.

Where any use or structure is found to be in violation of this chapter, or where a prescribed termination period has expired, the director of planning shall give written order of abatement to the owner of the property. Said order shall be deemed final and shall be complied with within 30 days after mailing thereof.

c.

Failure to comply with the terms and conditions of the abatement order shall constitute a violation of the chapter and constitute evidence that a violation exists.

d.

Any person who has been served with an order of abatement may, within ten days after receipt thereof, file a written appeal with the city council. A decision by the city council upon such appeal shall be final.

e.

Abatement Notice of Hearing. Any property owner(s) of said property may appeal a determination not to issue a certificate of nonconforming use, or if the owner(s) of property do not abate the nuisance within the time specified in the notice of violation, or any extension thereof, the city clerk shall cause notice to be sent by certified mail to all persons who own or claim interest in the real property upon which said nonconforming use or structure exists, as listed in the latest equalized tax assessment rolls of the county assessor, that the city council will hold a hearing to ascertain whether or not said premises constitute a public nuisance and to prescribe the conditions for abatement of said nuisance. A copy of said notice shall also be published in a newspaper of general circulation in the city pursuant to the provisions of the California Government Code not later than ten days before the date of the hearing.

f.

Abatement Hearing.

1.

At the city council hearing provided in this subsection, after presentation of evidence on the issue, any person may state his objections or protests and give evidence relative to the alleged public nuisance and proposed abatement thereof.

2.

After receiving public testimony, the council shall determine the issue. If it finds that the condition of the property constitutes a public nuisance and that the public nuisance requires abatement, the council may take action as deemed necessary, including, but not limited to the following:

(a)

Allow abatement by means of reinstitution of a lawful use, repair or alteration within a stated period of time; or

(b)

Order the nuisance to be abated by removal of the cause thereof, including if necessary, the removal of any or all structures or facilities situated on the property within a specified period of time the council may find to be reasonable in the circumstances based on the supporting evidence as established in accordance with subsection 24.02.130. I(1)b. of this section;

(c)

Revoke any permits or approvals that authorized or otherwise pertained to the nonconforming use or structure.

g.

Abatement Resolution. Each action made by the council under the provision of this section shall be done by resolution, copy of which shall be mailed by certified mail to all persons entitled to notice by this section not later than fourteen (14) calendar days after the date of adoption.

(5)

Nuisance Declaration.

a.

Any nonconforming use, building or structure found to be in violation of this section or any subsequent amendment thereto as the result of its being illegal, nonconforming, or after termination of an established time period for abatement of the nonconformity may be declared a public nuisance and constitute a danger to the public health, welfare and safety.

b.

Upon such declaration the director of planning and building shall commence proceedings to abate such nuisances as prescribed in this section.

1.

Notice of Violation. The notice of violation shall be substantially as follows:

"Notice of Violation"

 "Notice is hereby given that the City of La Mesa has found and determined that conditions exist on the real property described in the San Diego County Assessor's Parcel No.(s)_____, commonly known as___________ (street address), La Mesa, California, which may constitute a public nuisance and a violation of the provisions of the Municipal Code, Section(s)_____ and constitute a public nuisance for the following reasons: _____
_____
_____
_____ ."

 "Failure to abate said nuisance by (1) reoccupation of the nonconforming use if permitted within the time limits prescribed in this section; or (2) reoccupation and use of the premises for another permitted use, or (3) demolition and removal of all uses, buildings or structures constituting the nonconformity, or (4) removal of all conditions constituting such nuisance within 60 days from and after the date hereby or as otherwise established by the proceedings prescribed herein shall result in the commencement by the city of La Mesa of proceedings to abate said nuisance as provided herein."

 "If any demolition, dismantling, moving, removal, addition to, or alterations, restoration or repair of any structure or reoccupancy of the premises is to be accomplished, or if any excavation of earth is to be performed, by any person or entity affected by this notice, other than city officers, employees or agents, appropriate permits must be obtained before commencement of any such work."

Dated________, 19___

___________

Director of Planning

(6)

Voluntary Abatement. No person shall:

a.

Reoccupy or reinstate any use of any building found to be a nonconforming use or structure until the Director of Planning, the Building Official, and the Fire Marshal have inspected the same and found it to be in compliance with all building, fire safety and zoning codes.

b.

Fail or refuse to pay any fee prescribed for inspection services prescribed in paragraph (1) of this subsection I.

(Ord. 2442 § 1; January 13, 1987: Ord. 2466 §§ 1, 2; September 8, 1987: Ord. 2600 § 12; April 28, 1992: Ord. 2626 § 1; May 25, 1993: Ord. 96-2666 § 2; January 9, 1996)

A.

General Provisions.

(1)

Any adult entertainment use which was established in compliance with prior regulations and operated continuously since that time, but which no longer meets the locational criteria as provided in Sections 24.06.020A(10), 24.06.020C(14), 24.06.020F, 24.07.030A(1)-i, 24.07.030D(5), and 24.07.030E of the La Mesa Municipal Code shall be considered a nonconforming adult entertainment use.

(2)

Any nonconforming adult entertainment use which is replaced by a conforming use, or which is discontinued for any continuous period of sixty days or longer, shall be considered abated and shall not be reestablished.

B.

Amortization Period for Nonconforming Adult Entertainment Uses.

(1)

All nonconforming adult entertainment businesses will be required to cease operations not later than two years after the effective date of the ordinance codified in this section, unless an extension is granted pursuant to the following provisions in subsection B(3) of this section.

(2)

All nonconforming adult entertainment businesses shall be notified forthwith of their nonconforming status by the City Attorney by Certified Mail. Such notice shall be given to the property owner of record of the land on which the adult business is located and to the holder of business license for such adult business. Such notice shall also identify the applicable amortization period, and the process for requesting an extension thereof.

(3)

Pursuant to the following provisions, the City may extend the amortization period for a maximum of two years:

a.

Time Limits for Action.

1.

Filing of Application and Fees. The owner of the property on which an adult business is located and the owner of the adult business who desires to extend the amortization period provided for in subsection B(1) of this section must apply for approval of an extension not later than six months after receiving notice of the two-year amortization period. Such application shall be made in writing and shall be accompanied by the required fee as established by the City Council.

2.

Review of Application for Completeness. A complete application is to include:

(a)

A written request for an extension of the amortization period which shall include all information relevant to factors listed in subsection B(3)(b)(1) of this section and shall identify the term of the requested extension, not to exceed two years;

(b)

The signatures of both the property owner and the owner of the business as listed on the City's Business License application;

(c)

The required application fee.

Not later than thirty days after submittal of an application to extend the amortization period, the Community Development Department shall notify the applicant, in writing, if the application is complete or incomplete. If the application is not complete, the Community Development Department shall specify in writing those parts which are incomplete and shall identify the manner by which it can be made complete. If a written determination is not provided to the applicant within thirty calendar days after it is submitted, the application shall be deemed complete.

3.

Planning Commission Recommendation. The Planning Commission shall take action to recommend approval or denial of the request for an extension of the amortization period within six months after a determination has been made that the application is complete.

4.

City Council Determination. The City Council shall take action on the Planning Commission recommendation and shall take action to approve or deny the request for an extension of the amortization period within sixty days after the Planning Commission action.

b.

Planning Commission and City Council Actions. The Planning Commission and City Council shall hold public hearings at which time the Planning Commission and City Council shall receive and consider the evidence and testimony regarding the factors identified in this subsection. After reviewing the evidence and hearing testimony, the City Council shall determine whether the adult entertainment business has been provided a reasonable amortization period commensurate with the investment involved. If the City Council determines that the amortization period provided pursuant to subsection B(1) of this section is not reasonable, the Council shall prescribe a reasonable amortization period commensurate with the investment involved.

1.

Factors to Consider. The Commission and Council shall consider the following factors in making this determination:

(a)

The adult business owner's financial investment in the adult business;

(b)

The present actual and depreciated value of business improvements;

(c)

The remaining useful life of the business improvements;

(d)

The remaining lease term (the lease which was in effect at the time of the adoption of the ordinance codified in this chapter shall be the lease evaluated under these provisions);

(e)

The cost of relocating the adult business to a site conforming with this chapter;

(f)

The ability of the business and/or land owner to change the use to a conforming use;

(g)

The date upon which the property owner and/or business operator received notice of the nonconforming status of his or her use and the amortization requirements; and

(h)

The effects on the health, safety and welfare of surrounding businesses and uses if the adult business is permitted to extend the amortization period.

2.

The City Council shall make written findings in support of its determination to grant or deny the extension of the amortization period. An approval of an application to extend the amortization period may be conditioned on requirements which will minimize the potential adverse impacts to the surrounding land uses. These conditions may include, but are not limited to, hours of operation, signage, and other operating characteristics. The determination of the City Council shall be based on the record of proceedings at the public hearing.

(4)

Upon conclusion of their relative amortization periods or any extensions thereof, all nonconforming adult entertainment businesses shall cease operation and all signs, advertising and publicly visible displays relating to such an adult business shall be removed. Failure to comply with these provisions shall be considered a violation of this chapter and the City of La Mesa Municipal Code. The City shall provide written notice of the end of the amortization period at least sixty days prior to the date.

(Ord. 96-2666 § 1; January 9, 1996)