Pico Rivera City Zoning Code
CHAPTER 18
58 MOVING BUILDINGS AND RELOCATION PERMITS
§ 18.58.010 Intent and purpose.
The intent and purpose of this chapter is to establish regulations and procedures applicable to unusual uses of land where the circumstances and conditions require special attention, and where the application of this title during the course of the administration and enforcement, results in the inconsistency with the general intent and purpose thereof.
(Prior code § 9213.01)
§ 18.58.020 General regulations.
Regulations governing the relocation of buildings shall be as set out in this chapter.
(Prior code § 9213.05)
§ 18.58.030 Relocation permit required when.
Pursuant to Articles 2 and 3, Chapter 4, Division 1, Title 7 of the Government Code of the state, no person, firm or corporation shall move any building or structure, or part or portion thereof, over, upon, along or across any public street, way or alley within the city in order to relocate a particular building or structure or part or portion thereof upon any lot or parcel of land within the city unless and/or until a relocation permit has first been issued by the zoning administrator to the owner of the premises, lot or parcel of land upon which such building or structure or part or portion thereof is to be relocated, to relocate same.
(Prior code § 9213.05(A))
§ 18.58.040 Inspection and correction list.
Prior to making an application for relocation permit, the owner of the lot or parcel of land upon which a building or structure or part or portion thereof is proposed to be relocated, shall first obtain a relocation inspection and correction list from the building and safety division of the city to determine whether it is practical and economically feasible to perform such relocation. A copy of such inspection and correction list shall be filed with and made a part of an application for relocation permit.
(Prior code § 9213.05(B))
§ 18.58.050 Application and fees.
Whenever any person, firm or corporation desires to move any building or structure or part or portion thereof and to relocate same on any real property in the city, other than where same was originally located, the owner of such real property shall file with the zoning administrator an application for relocation permit, verified by such owner on forms prescribed by the zoning administrator, accompanied by an application filing fee in an amount established by a resolution of the city council. The application shall set forth and include such information as the zoning administrator may require.
(Prior code § 9213.05(D)(1); Ord. 765 § 53, 1989)
§ 18.58.060 Statement of environmental impact.
The zoning administrator, prior to accepting an application for relocation permit, shall determine whether or not a statement of environmental impact is to be required pursuant to the rules, guidelines or regulations duly adopted by the city council which are currently in effect and as may hereafter be amended.
(Prior code § 9213.05(C))
§ 18.58.070 Issuance procedures.
§ 18.58.080 Public hearing requirements.
Upon acceptance of an application for relocation permit, the zoning administrator shall hold a public hearing conducted in the following manner:
A.
Setting of Hearing. The zoning administrator shall set a public hearing for consideration of an application for relocation permit not less than seven days, nor more than ten days from the date of acceptance of the application.
B.
Notice of Hearing. Notice of the time, date and place of the public hearing shall be given in the following manner:
1.
By posting of a notice of public hearing in a conspicuous place in City Hall not less than five days prior to the date set for public hearing;
2.
By the posting of a notice of public hearing on the lot or parcel of land upon which a building or structure or part or portion thereof is proposed to be relocated, and on the proposed building or structure or part or portion thereof to be relocated, not less than five days prior to the date set for public hearing; and
3.
By the mailing of a notice of public hearing not less than five days prior to the date set for public hearing to the owner and/or other person having a vested interest therein.
(Prior code § 9213.05(D)(2)(b))
§ 18.58.090 Notice requirements.
A.
Wording of Notices. The wording of notices shall be printed on a placard not less than one square foot in area containing the heading "NOTICE OF PROPOSED RELOCATION" in black-faced type letters not less than two inches in height, and shall contain thereon, printed or typewritten, the date, time and place of the public hearing, exact legal description of the property upon which such relocation is proposed to take place, and a brief description of the structure and the general location and addresses from which and to which the relocation is to occur.
B.
Posting of Notices. Not less than one notice of proposed relocation shall be located and posted in a conspicuous place on the lot or parcel of land upon which the relocation is proposed to take place, in clear view and approximately five feet to the rear of the front lot line of an interior lot. If the relocation is proposed to occur on a corner or reverse corner lot, a second such notice shall be located and posted in a similar position facing the side lot line abutting the street. In addition thereto, not less than one such notice shall also be posted on the building or structure or part or portion thereof proposed to be relocated. All such notices shall be posted not less than five days prior to the date set for public hearing thereon, and shall remain posted continuously until the conclusion of said public hearing and the disposition thereof.
(Prior code § 9213.05(D)(2)(c), (d))
§ 18.58.100 Investigations.
The zoning administrator shall cause to be made such investigations by city departments and agencies of the city of facts bearing upon an application which, in the opinion of the zoning administrator, such departments and/or agencies may be concerned therewith.
(Prior code § 9213.05(D)(2)(e))
§ 18.58.105 Hearings-Zoning administrator findings and decisions.
A.
Required Findings. The zoning administrator, upon hearing all testimony, upon examination and review of the application and investigations, and upon ascertaining all other pertinent facts relative thereto and conclusion of the public hearing, shall by declaration make the following findings of fact:
1.
That the proposed building or structure to be relocated is not so constructed or in such condition as to be dangerous, infested with pests, unsanitary, or in any other manner unfit for human habitation;
2.
That the proposed building or structure to be relocated is not dilapidated, defective, unsightly, or in such a condition of deterioration or disrepair that its relocation on the proposed site would cause harm to or be detrimental to property, improvements or environment of the area in which it is to be relocated;
3.
That the proposed use of the building or structure, when relocated, is not prohibited by the zoning code or will create a nonconformity; and
4.
That terms and conditions of permit issuance have been established and required to assure that the proposed relocation will not be materially detrimental or injurious to the public health, safety, environment and general welfare of the community as a whole.
B.
Announcement, Notice and Finality of Decisions. The zoning administrator shall announce his or her findings and decisions by formal written declaration of findings and decisions within ten days after conclusion of the public hearing. The findings, notice, finality and decisions of the zoning administrator shall be in accordance with Section 18.06.030 of this title.
(Prior code § 9213.05(D)(2)(g), (h))
§ 18.58.110 Premises-Right of entry authorized when.
A.
The city, the surety, and the duly authorized representatives of either, shall have the authority to enter the building, structure, part or portion thereof, or the premises for conducting investigations and inspections. In the event of any default in the performance of any terms or conditions of the relocation permit, the surety, the city, or any duly authorized representative of either, shall have the right to enter upon the premises to complete the required work or to remove or demolish the building or structure.
B.
No owner, his or her representative, successor or assigns, or any other person, shall interfere with right of entry of the surety or city engaged in the process of completing the work, or removing or demolishing the building or structure for which a relocation permit has been issued after a default has occurred in the performance of the terms or conditions thereof.
(Prior code § 9213.05(D)(2)(f))
§ 18.58.120 Bond-Posting-Default conditions.
A.
No relocation permit shall be issued unless and/or until the applicant therefor has first posted a bond with the zoning administrator executed by the owner of the property upon which a building or structure is proposed to be relocated as principal, and a surety company authorized to do business in California as surety. The bond shall be joint and several and shall name the city as obligee, and shall be in an amount equal to the cost, as determined by the building and planning division, plus twenty percent of the work required to be done in order to comply with the terms and conditions of the relocation permit. A cash deposit may be posted in lieu of the surety bond but only upon the same terms and conditions.
B.
Such bond, whether cash or surety, shall, in addition to those terms and conditions established by the zoning administrator, be subject to the following conditions:
1.
All terms and conditions of the relocation permit shall be complied with to the satisfaction of the zoning administrator.
2.
All the work required to be done pursuant to the terms and conditions established by the zoning administrator shall be completed within ninety days after the relocation permit has been issued, unless otherwise extended by the zoning administrator.
3.
In event of any default in the terms or conditions of the bond, the city shall proceed forthwith to forfeit the bond and recover any amounts due thereunder for the city. Moneys received by virtue of any such forfeiture shall inure to the general fund of the city.
(Prior code § 9213.05(D)(3))
§ 18.58.130 Issuance, expiration and revocation conditions.
The zoning administrator may issue a relocation permit which complies with the provisions of this chapter, on forms prescribed by him, and may require additional terms and conditions of permit issuance considered necessary to assure the integrity of the permit and the area and zone in which the relocation is proposed to take place. Should, at any time during the period which a relocation permit is in effect, the zoning administrator find that performance of the relocation permit is in violation of the provisions of this chapter and/or terms and conditions subject thereto, he or she shall forthwith by declaration serve notice of suspension or revocation of the relocation permit and shall suspend or revoke same. Unless otherwise set forth as a term or condition of permit issuance, no relocation permit shall be issued for a period of time greater than ninety days, and shall, at the end of such ninety-day period, automatically expire and become null and void.
(Prior code § 9213.05(E))