A.   The purpose of this chapter is to establish minimum performance standards for newly established and existing legal nonconforming trucking yards in order to: 1) reduce the negative impacts of trucking yard operations on adjacent properties, public streets and rights-of-ways, 2) insure that properties are regularly and properly maintained, and 3) require that all trucking yards meet best management practices for the National Pollutant Discharge Elimination System (NPDES) for urban and storm water runoff to reduce discharge of sediment, debris, oils, greases and other pollutants.

   B.   The City recognizes the desire for trucking yard operators to locate in Signal Hill, due in part to the close proximity of the ports of Los Angeles and Long Beach. The performance standards for maintenance and operations found in this chapter are necessary to reduce the negative impacts of the existing nonconforming trucking yard operations and to provide ongoing maintenance and oversight for newly established trucking yards. These standards serve to improve the appearance of the three existing legal nonconforming trucking yards described in Exhibit “A” on file at the community development department and any other existing trucking yards not yet identified.

(Ord. 2013-07-1457 § 1 (part))

   A.   “Trucking Yard” means any trucking yard as defined in Section 20.04.751 of this Code, including but not limited to those existing at the time of the effective date of this zoning ordinance amendment as listed in Exhibit “A” on file in the community development department.

(Ord. 2013-07-1457 § 1 (part))

   The following standards shall apply to all trucking yards:

   A.   A current business license - A business license shall be required each year for each business, trade, profession, calling, or occupation operating on the premises, pursuant to Title 5 of this Code.

   B.   N.P.D.E.S. compliance - Maintain Best Management Practices under the National Pollutant Discharge Elimination System in accordance with California Storm Water Quality Association (CASQA) standards (i.e. curb cut, driveway throat and shaker plate for entrances, elevate and cover outdoor storage) designed to City standards, as recommended by the City’s storm water consultant and to the satisfaction of the City Engineer.

   C.   Dust compliance - Gravel grindings or paving for interior parking and storage areas, shall be provided and maintained to reduce dust and track out onto public streets.

   D.   Screening - Each property shall be fully fenced and screened per City Standard Plan No. 230.

   E.   Landscaping - Existing setbacks and perimeter planters shall be landscaped and maintained with an automatic irrigation system.

   F.   Increased intensity of use - Nonconforming trucking yards may not be constructed, established, altered, modified, reconstructed, replaced or enlarged in any way which increases the nonconformity, pursuant to Section 20.82.040 of this Code.

   G.   Annual inspections - Each trucking yard shall be subject to an annual inspection by the City, the results of which shall be reported annually to the City Council.

(Ord. 2013-07-1457 § 1 (part))

   A.   Non-Compliant Properties. The director of community development shall determine whether each of the trucking yards on the list of existing legally nonconforming trucking yards, as revised on the effective date of this chapter (as listed in Exhibit “A” on file in the community development department) is in compliance with this chapter. For each trucking yard that is not in compliance, the director shall prepare a compliance plan to advise the property owner how to bring the trucking yard into compliance.

   1.   Notice. The compliance plan shall be mailed to the property owner and tenants by certified mail return receipt requested, and posted on the property in a conspicuous manner.

   2.   Compliance Plan. The property owner shall be responsible for compliance with the plan even in cases where the property is leased to one or more tenants. The property owner shall within one hundred eighty days of the date of mailing or posting, whichever is later, bring the subject property into compliance with this chapter as described in the compliance plan.

   3.   Alternative Compliance Plan. Any property owner may, within sixty days of the date of mailing or posting, whichever is later, propose an alternative compliance plan by submitting detailed site or building plans as necessary, and if required, prepared by a state licensed architect or engineer. The director may approve an alternative compliance plan if comparable or better compliance is verified to the satisfaction of the director. Upon approval of an alternative compliance plan by the director the alternative compliance plan shall be prepared and mailed to the property owner as provided in subsection 1. above.

   4.   Time Frame for Compliance. Regardless of whether the alternative compliance plan is approved or disapproved by the director, the property owner shall bring the property into compliance by taking the action provided for in the compliance plan or the approved alternative compliance plan, no later than one hundred eighty days from the date of the original mailing or posting, unless additional time is granted by the director. Any request for additional time shall be made in writing, shall include agreement to comply with the requirements of this chapter, shall provide justification for the request, shall state an estimated completion date and shall be signed by the property owner(s).

   B.   Correction and Maintenance. Completion of corrective action of items on the compliance plans shall be determined annually by the director following annual inspections. Property owners and tenants of trucking yards who are notified in writing that compliance corrections are complete and are in compliance with the provisions of this chapter shall be responsible for maintaining the property in accordance with this chapter. If, subsequent to such notification of compliance, the director determines that any trucking yard has become damaged, deteriorated, not repaired, improperly operated and maintained, or that the intensity of the operations has significantly increased, or has otherwise become non-compliant with this chapter, the director may create a new compliance plan in accordance with Section 20.23.040, which shall require the property owner to complete repairs and/or maintenance of damaged or deteriorated items.

    C.   Existing nonconforming trucking yards as inventoried and on file in the community development department may continue as provided in Chapter 20.82, subject to compliance with Sections 20.23.030 and 20.23.040 of this chapter. This chapter shall govern in the event of any conflict between its provisions and the provisions of Chapter 20.82.

(Ord. 2013-07-1457 § 1 (part))

   A.   Any property owner wishing to appeal the finding of the director that his or her property is subject to this chapter, or any aspect of the compliance plan prepared by the director or any action on an alternative compliance plan, shall file such appeal in writing with the city clerk within ten calendar days of the date of mailing or posting of the notice described in Section 20.23.040. An appeals fee shall accompany any filing.

   B.   Appeals shall be heard by the planning commission. The planning commission may sustain, modify or overrule the decision of the director. The determination of the planning commission shall be final unless appealed in writing to the city clerk within ten calendar days of receipt of the commission’s denial.

   C.   Decisions of the planning commission may be appealed to the city council utilizing the same procedures as provided herein.

(Ord. 2013-07-1457 § 1 (part))

   A.   Any property owner or tenant failing to comply with any requirement of this chapter shall be guilty of a misdemeanor as provided in Chapter 1.16.

   B.   Nothing in this section shall be construed as limiting or affecting the city’s ability to enforce the provisions of this chapter through any other means including, but not limited to, administrative citation and fine, civil or injunctive relief, or revocation of any conditional use permit or license. Additionally, failure to comply with the requirements of this chapter shall constitute a public nuisance which may result in abatement by the city in accordance with Chapter 8.12 and a lien recorded against the property.

   C.   In the event an enforcement action is taken by the city, the city may recover any and all costs of enforcement against the property owner.

(Ord. 2013-07-1457 § 1 (part))