This chapter establishes provisions and processes for public hearings, permits, appeals, and amendments for all land use activities subject to the regulations of this title.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

When an application or other zoning code matter requires public hearing by the planning commission or city council, the public shall be notified of the hearing in compliance with state law (Sections 65090, 65091, 65094, and 66451.3 of the California Government Code and Section 21000 et seq. of the California Public Resources Code), and by the required method(s) below.

A.    Method of Notice.

1.    Published Notice. Notice of public hearing shall be published once in a newspaper of general circulation in the city at least ten days before the hearing date.

2.    Mailed Notice. Notice shall be mailed through the U.S. Postal Service at least ten days before the hearing date to the following:

i.    Property owner(s) on record for the subject property, or the owner’s agent;

ii.    Applicant(s); and

iii.    All owners, occupants and residents of properties within a one-thousand-foot radius of the exterior boundaries of the subject property; notices to residents and occupants shall be mailed to the property address, while notices to owners shall be mailed to the notice address indicated on the latest available assessment rolls in the city.

3.    Posted Notice. A notice of the public hearing shall be posted on the subject property in a conspicuous location. Notice shall be posted a minimum of ten days before the hearing date.

4.    Other Notice Methods. Where noticing requirements, as stated in subsection (A) of this section, require mailing to one thousand or more properties/property owners, the noticing requirements of state law shall prevail over the above-stated requirements. See Section 65091(a)(4) of the California Government Code.

B.    Contents of Notices. Public hearing notices for any zoning code action or application shall include the following:

1.    Title of the action/application type.

2.    Property Description. A property description of the subject property, including name of the applicant, location of the property by assessor’s parcel number, and project application number.

3.    Hearing Information. The hearing time, place, and date; hearing body; and phone/address contact information for the department where an interested person could call or visit to obtain additional information.

4.    Statement of Environmental Document. Review and documentation pursuant to CEQA.

(Ord. 2356 § 3, 12-11-18; Ord. 2323 § 1 Exh. A (part), 4-28-15)

A.    Scheduling Hearings. Public hearings for permits or applications shall be scheduled a minimum of fourteen days after the verification of completed application filing, and not more than sixty days from completion date.

B.    Noticing Requirements. All public hearings shall be noticed consistent with the provisions of Section 11.50.020, Public hearing notification.

C.    Hearing Conduct. The hearing will be conducted in accordance with the establish rules governing the conduct of public hearings.

D.    Planning Commission Hearings. The planning commission shall hold public hearings for applications consistent with Table 11.51-1, Application and Review Authority. Findings shall be made by resolution and forwarded to the applicant/property owner and/or city council subject to the requirements of subsection (I) of this section.

1.    Decision Notification. Upon denial of an action, amendment, or application, or resolution and recommendation to the city council, the applicant shall be notified by mail within fourteen working days of the action. The decision notification shall include a copy of the resolution.

E.    City Council Hearings. The city council shall hold one public hearing regarding planning commission actions consistent with Table 11.51-1, Application and Review Authority. If required, the hearing shall be held within sixty days following receipt of the planning commission’s resolution and recommendations. Public noticing of hearing(s) shall be consistent with noticing requirements of Section 11.50.020, Public hearing notification.

1.    City council actions shall be automatically referred back to the planning commission for an additional review when either of the following occurs:

i.    City council action is final unless the city council refers the matter back to planning commission for reconsideration; or

ii.    In the event the city council is unable to agree on its findings or action(s), the matter shall automatically be referred back to the planning commission, and a further report requested of the planning commission.

2.    Failure of the planning commission to take action on a discretionary approval or permit for a period of forty days after considering the matter shall result in that approval or permit being granted.

F.    Continuation of Hearings. If testimony on any case set for public hearing cannot be completed on the noticed hearing date, the person presiding at the public hearing may, before adjournment or recess thereof, publicly announce the time and place the hearing will be continued. No further notice is required.

G.    Official Record. City council and planning commission actions shall be numbered consecutively in the order of their filing and shall become a permanent property record file. A summary of pertinent testimony offered at public hearings held in connection with any zoning code application shall be prepared and filed, and the names of persons testifying shall be recorded and made a part of the permanent file of the case.

H.    Resolution Findings. The hearing body shall announce the decision or findings by formal resolution within forty-five days following the hearing(s). The resolution shall include the facts and reasons for the hearing body’s decision, and state the pertinent sections of this code supporting the decision. Planning commission resolutions shall be forwarded to the city council with planning commission recommendations for approval or denial of the action, amendment, or application.

I.    Finality of Decision. The planning commission’s decision made by resolution regarding an action, amendment, or application shall be final and conclusive unless a written appeal (a written letter or a city form) to the city council is filed with the city clerk within ten working days of the decision notification to the applicant. City council decisions shall be by majority vote of the of the city council unless otherwise provided for in state law, and shall be final and conclusive.

J.    Decision Notification. Upon city council final adoption, approval, or denial of an action, amendment, or application, the applicant shall be notified by mail within fourteen working days of the action. The decision notification shall include a copy of the resolution.

K.    Effective Date. The final action of the planning commission in granting or denying a permit shall become final and effective ten working days after the date of applicant notification, unless a written appeal is filed with the city clerk within the ten-day period. Appeals may be a written letter or a city form. Filing a timely appeal stays the decision of the planning commission until the city council renders a decision on appeal, or when the appeal is abandoned, whichever first occurs. Abandonment of an appeal shall be evidenced by an appellant’s notification to the director that the appeal is withdrawn, or by the failure of the appellant, or a representative thereof, to appear at a duly notice appeal hearing.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

Written appeals of director or planning commission decisions may be filed with the city clerk within ten working days of decision notification to the applicant. Appeals may be a written letter or a city form and may be filed by the applicant or an opponent.

A.    Case Record. Upon receipt of a written appeal, the appeal shall be filed with the community development department and added to the case record.

B.    Public Hearing of Appeal. The hearing body shall conduct a public hearing regarding any action, amendment, or application appeal. Hearing and noticing shall be consistent with Section 11.50.020, Public hearing notification, and Section 11.50.030, Public hearing procedures.

C.    Refiling Limitations. Substantially identical projects, actions, applications, or amendments denied by the city, regardless of who the applicants are on either application, shall not be refiled within one year from the date of denial unless otherwise stipulated by this title.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

Whenever public necessity, convenience, or general welfare require, the provisions of this title, the zone boundaries established by the zoning map, and the text and diagrams of the general plan may be amended by the city per the provisions of this section.

A.    General Plan Consistency. Amendments to zone designations and zone boundaries shall only be made if they are consistent with the general plan. If the proposed amendment is not consistent with the general plan, a proposal for a general plan amendment shall be required prior to or concurrent with the proposed zone amendment.

B.    Amendment Initiation. An amendment to this title, the zoning map, or the general plan shall be initiated by the entities indicated in Table 11.50-1, Initiation of Amendments.

C.    City-Initiated Amendments.

1.    The city council can initiate an amendment by adopting a motion for hearing and recommendation of the amendment by the planning commission.

2.    The planning commission can initiate an amendment by filing a report of the proposed amendment and draft amendment ordinance at least fourteen days prior to a scheduled public hearing for the amendment. The proposed amendment shall be heard by the planning commission at the scheduled hearing. If approved, the amendment shall be adopted by ordinance and forwarded to the city council for final review, adoption, or denial.

D.    Applicant-Initiated Amendments. A property owner or designated agent seeking an amendment of the general plan or zoning designation or boundaries prescribed for their property may file an amendment application with the planning division for planning commission consideration. Application or permit procedures associated with the amendment shall be consistent with the provisions of this chapter and Chapter 11.51, Permits and Procedures.

E.    Amendment Hearings. The hearing body shall hold one public hearing following a city-initiated amendment motion or applicant-initiated amendment application subject to state planning law requirements. Public hearing noticing and procedures for amendments shall be consistent with the provisions of Section 11.50.020, Public hearing notification. Resolution findings and decision notification shall be consistent with Section 11.50.030, Public hearing procedures.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

A.    The city shall not disapprove a housing development project for very low income, low income, or moderate income households, or an emergency shelter, or condition approval in a manner that renders the housing development project infeasible for development for such households or as an emergency shelter, unless based on a preponderance of the evidence the city makes written findings as to one of the situations set forth in Government Code Sections 65589.5(d)(1) through (5).

B.    If a proposed housing development project complies with the applicable, objective general plan and zoning standards in effect at the time an application is deemed complete, then after the application is deemed complete the city shall not conduct more than five public hearings in connection with the approval of the housing development project.

C.    If any state or local ordinance or regulation requires the city to determine whether the site of a proposed housing development project is a historic site, the city shall make that determination at the time the application for the housing development project is deemed complete.

D.    The city shall compile the list or lists required by Government Code Section 65940 specifying in detail the information that will be required from any applicant for a development project, and make that list available to all applicants for development projects and to any person who requests the information.

E.    The applicant for a housing development project shall be deemed to have submitted a preliminary application upon providing all of the information listed in Government Code Section 65941.1 and upon payment of the permit processing fee.

F.    Not later than thirty calendar days after the city has received an application for a housing development project, the city shall determine in writing whether the application is complete and shall immediately transmit the determination to the applicant. If the determination is that the application is not complete, the city shall follow the procedures required by Government Code Section 65943.

G.    Where the city is the lead agency under CEQA for a housing development project, the city shall approve or disapprove the housing development project within the time periods prescribed by Government Code Section 65950.

H.    The city shall not approve a housing project that will require the demolition of one or more residential dwelling units, or that will require the demolition of occupied or vacant protected units, unless the requirements of Government Code Section 66300(d) have been met.

Statutory Reference: Government Code §§ 65589.5, 65905.5, 65913.10, 65940, 65941.1, 65943, 65950 and 66300; SB 8 (September 16, 2021).

(Ord. 2022-02-CC (Exh. A § 8), 3-8-22)

This chapter establishes provisions and processes for the application, administration, approval, and permitting of activities subject to the regulation of this title.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

A.    General Applicability. The provisions of this chapter shall be applicable to all land use permits, administrative and discretionary, as applicable to the development, building, establishment, renewal, modification, or discontinuance of any land use or structure within the city. Permits, subject to this chapter, shall be issued in accordance with the permitted land use, as established by the zone. Nonconforming uses and structures shall be subject to permit procedures as established by Chapter 11.55, Nonconforming Uses and Buildings.

B.    Permit Consistency. All departments, officials, and public employees assigned the authority to issue certificates, permits, and licenses in compliance with this title shall conform to the provisions of this title. Any certificate, permit, or license conflicting with the provisions of this title shall be null and void.

C.    Building Permits Issued Prior to Effective Date. Any current building permit(s) issued prior to the effective date and hour of the ordinance codified in this title shall be permitted to be exercised even if contrary to the provisions of this title.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

All development proposals and applications may be subject to one or more development application processing procedures contained in this chapter. Exact processing and timing of applications shall be determined by the planning division based on the applicable zone and the project characteristics. Table 11.51-1, Application and Review Authority, outlines the primary types of development applications, review procedures required, and responsibilities. Figures 11.51-1, 11.51-2, and 11.51-3 generally depict the administrative and discretionary permit processes for South Gate.

D = deciding body whose decision is final unless appealed; A = appeal authority; R = advisory body required to make recommendations.

Figure 11.51-1 Administrative Permit Process—CD Director (Deciding Authority)

Figure 11.51-2 Discretionary Permit Process A—

Planning Commission (Deciding Authority)

Figure 11.51-3 Discretionary Permit Process B—

City Council (Deciding Authority)

Figure 11.51-4 Discretionary Permit Process C—

City Council (Deciding Authority)

(Ord. 2355 §§ 3—7, 12-11-18; Ord. 2323 § 1 Exh. A (part), 4-28-15)

A.    Consistent Applications. All applications for any action or appeal covered by this title shall be consistent with the application forms established by the city.

B.    Application Signatures. Applications shall not be considered complete until signatures of the property owner(s) of record or designated representative are obtained. Representative signatures shall in no case infringe upon the free exercise of the powers vested in the city as represented by the planning commission and city council.

C.    Concurrent Filing. Development project applicants requiring more than one application (e.g., zoning map amendment and CUP) shall file all related applications concurrently, with all application fees as required by Section 11.51.100, Fees, unless the concurrent filing requirements are waived by the director.

D.    Record of Filing. All applications filed for zoning code actions shall be numbered consecutively in the order of their filing, and shall become a part of the permanent official record of the planning commission. Applications shall be attached to any related planning commission or city council files, along with all notices and actions, with certificates and affidavits of posting, mailing, or associated publications.

E.    Review for Completeness. Applications will not be deemed complete until filing fee and required notarized signatures are received. The director shall review each application for completeness and accuracy, including completeness of the administrative plan review or discretionary plan review if required for the land use. Determination of completeness shall be based on the city’s list of required application content as established by the planning commission in subsection (A) of this section. Additional information beyond the standard application may be required by the director based on the subject property and project parameters as applicable to the policies of this title.

F.    Refiling Limitations. Substantially identical discretionary permits for projects, actions, applications, or amendments denied by the city, regardless of who the applicants are on either application, shall not be refiled within one year from the date of denial of any application, unless otherwise stipulated by this title.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

Applications in compliance with all applicable requirements of this title, where a discretionary action is not required, shall be processed by the planning division for administrative approval by the director.

A.    Administrative Plan Review. Administrative plan review is an administrative review of a detailed site plan submitted by the applicant as part of the applicant’s request for an administrative permit. The site plan must show, in detail, the manner in which the applicant proposes to develop the property in question. The planning division shall review that site plan for compatibility with all zoning code requirements and other applicable design features. Only those land uses noted in Table 11.21-3, 11.21-4 or 11.21-5 of the zoning code as requiring an administrative plan review in Chapter 11.21, Land Use Types, are required to submit such a site plan and application for an administrative permit as part of the permit application. The director and the planning division will not require or seek to impose restrictions or conditions on the manner in which the applicant will operate the site once it has been developed, but shall instead confine their analysis and response to the physical aspects of the proposed development. In conducting the administrative plan review and evaluating the site plan, the planning division and director may consider, without limitation, any and all of the following which the director deems relevant to the issue of whether or not to issue an administrative permit for the development as proposed by the site plan: (i) pedestrian and vehicular traffic circulation, both on the site and on adjacent streets and sidewalks; (ii) the number, location and configuration of parking spaces; (iii) building setbacks, building heights, and floor area ratios; (iv) landscaping; (v) types and location of exterior lighting; (vi) signage; (vii) the location and configuration of buildings and other improvements relative to uses of or improvements on adjacent properties; and (viii) any other design features. The fact that a site plan submitted by the applicant complies with minimum zoning code requirements for measurable items such as building setbacks, parking spaces and other objectively quantifiable design elements shall not automatically entitle the applicant to receive an administrative permit; the director may determine that greater setbacks, additional parking spaces, or other changes to the site plan above the minimum requirements established by the zoning code are necessary before the proposed development can be issued an administrative permit. The city council designated certain uses in Table 11.21-3, 11.21-4 or 11.21-5 as requiring an administrative permit due to the unique impacts of those uses, and the purpose of the administrative plan review is to allow the city to conduct an in-depth analysis of the site plan to confirm to the city’s satisfaction that those impacts have been addressed by the applicant when designing the project.

B.    Upper-Floor Uses. Upper-floor uses (containing note “2” in the land use table of the applicable zone) shall be processed through an administrative permit. Upper-floor uses shall not be permitted on the ground floor of the applicable zone, but are administratively permitted on the second story or any story above. Restriction to upper floors is intended to generate a pedestrian-oriented setting on the ground floor, with businesses generating less direct foot traffic on the upper floors.

C.    Accessory Uses. Accessory uses, denoted as “A-U” in the land use table of the applicable zone, shall be processed through an administrative permit. Accessory uses shall be limited to a secondary use supportive of the primary permitted or conditionally permitted uses. Development or establishment of an accessory use shall not be permitted independently on a parcel as the primary use.

D.    Temporary Use Permits. Temporary uses, as identified in Table 11.21-3, 11.21-4, or 11.21-5, as applicable to the zone, shall be processed through a temporary use permit consistent with Section 11.51.070, Temporary use permit.

(Ord. 2021-13-CC § 2, 12-14-21; Ord. 2323 § 1 Exh. A (part), 4-28-15)

The regulations of this title are designed to permit flexibility to encourage creative design, elevate the character of the community, conserve open space, improve vehicular circulation and parking, maximize use of unique site features, and mitigate all potentially incompatible activities. Design review is an administrative permitting process designed to ensure that projects meet this purpose. Design review shall be required for a range of development projects, subject to the following regulations.

A.    Projects Requiring Design Review. All the following shall require design review prior to applicable permit approvals:

1.    All development and projects identified as requiring design review under other chapters of this title.

2.    All parcels of land fifteen thousand square feet or larger.

3.    Where two or more parcels are proposed to be consolidated for the development of a single project.

B.    Review Authority. The director or designee shall have the authority to review applications for completeness and evaluate the project’s consistency with the intent of this title.

C.    Civic Building Design Review. Due to the community-wide need for civic buildings to reflect the civic and cultural characteristics of the community as distinct from commercial or residential characteristics of noncivic buildings, all civic buildings are exempt from Section 11.23.080, Guidelines for building frontage types. Civic buildings are subject to design review by the director, who will present a recommendation to the planning commission for its consideration and action.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

The purpose of an administrative temporary use permit is to allow for short-term activities that warrant individual consideration and are acceptable because of their temporary, short-term nature.

A.    Temporary Uses. The provisions of this section shall regulate all special events and temporary land uses as permitted by Table 11.21-3, 11.21-4, or 11.21-5, as applicable to the zone, or as determined by the director. Other temporary and seasonal uses under this section may include parking lot sales, one-day sales, public celebrations, organization- or interest-based festivals, and other temporary seasonal sales, including Christmas tree sales lots and pumpkin patches with affiliated facilities and trucks, outdoor farmer’s markets, parking lot sales, and similar temporary uses. See subsection (B)(5) of this section, Parking Lot Sale Conditions, for specific conditions.

B.    Mandatory Approval Conditions. A temporary use permit shall include all of the following approval conditions; other approval conditions specific to the temporary use may be added as deemed appropriate and necessary by the director.

1.    The temporary use shall not be detrimental to the property or improvements in the surrounding area, or to the public health, safety, or general welfare.

2.    The temporary use shall not be located within the public right-of-way or required setbacks unless specified within the temporary use permit as an additional approval condition.

3.    Permanent alterations to the site are prohibited.

4.    Limits on the maximum duration will be specified in the permit, and shall not exceed three days in a row, or ten working days in any calendar year.

5.    Parking Lot Sale Conditions.

i.    The location of the merchandise shall not impede pedestrian and/or vehicular traffic.

ii.    The sale must be supervised by the vendor in charge of the sale.

iii.    Applicant shall pay a parking lot sale application fee as set forth in the South Gate fee resolution, which shall be paid to and collected by the business license division. A fee waiver may be granted if the applicant is able to provide adequate proof of tax-exempt status.

C.    Exempt Activities. The following activities, although temporary, shall be exempt from the standards of this section, and shall not require the issuance of a permit for the activity:

1.    City-sponsored temporary activities and events conducted at City Hall.

2.    On-site construction yards in conjunction with development projects.

3.    Emergency public health and safety facilities and activities.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

All applications for land uses not permitted by right within a zone shall require discretionary review of all project-related activities; see Table 11.51-1, Application and Review Authority, for application types. Applications that exceed the flexibility built into this title, as established in Table 11.30-1, Administrative Modifications, are considered inconsistent with this title and, therefore, may be approved, conditionally approved, or denied in the director’s discretion. Approval of such projects is discretionary and may include conditions of approval to ensure performance and compatibility in compliance with the intent of this title.

A.    Purpose. The purpose of a discretionary permit shall be as follows:

1.    To ensure that compatibility of the proposed use with adjacent properties, land uses, and the general community is maintained.

2.    To recognize and compensate for necessary land-use-related technology and equipment as related to the factors of noise, smoke, dust, fumes, vibration, odors, hazard, or public need.

B.    Process. All discretionary permits shall be noticed and have hearings held consistent with Chapter 11.50, Administration.

C.    Discretionary Plan Review. Discretionary plan review is a site plan review submitted as part of a permit application. The director shall evaluate the discretionary plan review and present a recommendation to the planning commission for its consideration and action. This provides an appropriate level of discretionary review of site plan, operation, and design features of specific land uses and development types in the context of a site plan. Only those land uses noted as requiring a discretionary plan review in Chapter 11.21, Land Use Types, are required to submit this as part of the permit application.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

A.    Violation of Permit. A public hearing consistent with Chapter 11.50, Administration, shall be held for the consideration of a permit revocation. A permit or any associated conditions may be revoked or modified by the planning commission subject to any of the following grounds:

1.    The permit or approval was obtained by fraud.

2.    The property is not being used for the purpose which is the subject of the permit.

3.    The use for which the approval was granted has ceased or has been suspended for one year or more.

4.    The permit or conditions of the approval have been violated; exercised contrary to the terms of approval; or in violation of any statute, ordinance, law, or regulation.

5.    The use for which the approval was granted was exercised in a manner detrimental to the public health or safety, or so as to constitute a public nuisance.

B.    Permit Expiration. Any approval or permit granted by the city becomes null and void if the property is not being used for the approved or permitted purpose within one year from the date the approval or permit was issued, consistent with the provisions identified within Chapter 11.55, Nonconforming Uses and Buildings.

C.    Existing Unexercised Permits. Any approval or permit granted within one year preceding the effective date of the ordinance codified in this title that has not made progress to fulfill the entitlements and bring the project to completion shall be considered null and void.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

A.    Filing Fees. All filing fees established by the city shall be paid upon the filing of an application, and such fees shall not be refundable. Applications shall not be deemed complete, and processing shall not commence on any application, until all required fees or deposits have been paid.

B.    Recovery of Attorney’s Fees. A prevailing party in any judicial action, administrative proceeding, or special proceeding to abate or to cause the abatement of a public nuisance, or in any appeal or other judicial action arising therefrom, may recover reasonable attorney’s fees in accordance with the following subsections:

1.    Attorney’s fees are not recoverable by any person as a prevailing party unless the city manager, or a designee thereof, or an attorney for and on behalf of the city, elects in writing to seek recovery of the city attorney’s fees at the initiation of that individual action or proceeding. Failure to make such an election precludes any entitlement to, or award of, attorney’s fees in favor of any person or the city.

2.    The city is the prevailing party when an administrative or judicial determination is made or affirmed and a person is found to be responsible for one or more conditions or activities that constitute a public nuisance. A person is the prevailing party only when a final administrative or judicial determination completely absolves that person of responsibility for all conditions or activities that were alleged to constitute a public nuisance in that action or proceeding. An administrative or judicial determination that results in findings of responsibility or nonresponsibility on the part of a person for conditions or activities that were alleged in that action or proceeding to constitute a public nuisance shall, nevertheless, result in the city being the prevailing party.

3.    Provided the city has made an election to seek attorney’s fees, an award of attorney’s fees to a person shall not exceed the amount of reasonable attorney’s fees incurred by the person in that action or proceeding.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

The purpose of this chapter is to establish the application, review, and granting/denial procedures for a conditional use permit (CUP). Some uses may have a unique and distinct impact on the area in which they are located, or are capable of impacts to adjacent properties unless given special review and conditions. Additionally, the city recognizes the need for special consideration for technological processes and equipment that are necessary for the operation of certain land uses. The intent of a CUP is to reduce the detrimental effects of land uses on adjacent properties, compensate through conditions for specialized technology, and maintain a degree of compatibility between land uses throughout the city.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

Consistent with allowed land uses (Tables 11.21-3, 11.21-4, and 11.21-5), a CUP is required for certain uses by the permit requirements of the applicable zone. A CUP, and any modification(s) to a CUP, may only be approved by the planning commission or city council in accordance with applicable zone requirements and in compliance with this title.

A.    Permit Discretion. The planning commission or city council may grant a CUP at its discretion. A CUP is not the automatic right of any applicant.

B.    Land Applicability. A granted CUP is only applicable to the real property for which it is granted, and is nontransferable to another location.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

Before a CUP may be approved, the planning commission (or the city council on appeal) shall make all of the following findings, as applicable to the property:

A.    Approval of the CUP is consistent with and will not adversely affect the intent and purpose of this title or the city’s general plan.

B.    The design and development of the land use and conditions of the CUP are compatible with the existing and future land uses of the applicable zone.

C.    Approval of the CUP would not result in detrimental impacts to adjacent properties or to the character or function of the neighborhood.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

The procedure for the application and granting/denial of a CUP is illustrated in Figure 11.52-1, Conditional Use Permit (CUP) Process.

A.    Application. An application for a CUP shall be accompanied by all such materials deemed necessary by the director to document the conditions or circumstances of the property and land use to fully evaluate the CUP consistent with the standards of this chapter. No hearing shall be scheduled or noticed until the application is deemed complete by the planning division.

B.    Notice and Hearing. Upon submittal of a complete application, as deemed by the planning division, a planning commission hearing shall be scheduled and noticed, including notice to the property owner on record and nearby property owners, as provided for in Section 11.50.020, Public hearing notification.

C.    Conditions and Limitations. A CUP may be granted upon such conditions and limitations and for such periods of time as the approving body deems to be reasonable and necessary or advisable under the circumstances so that the objectives of this title will be achieved.

D.    Final Decision. The decision granting, modifying, or denying the CUP shall become final unless an appeal is filed, consistent with Table 11.51-1, Application and Review Authority. All other permit actions, including appeals, fees, effective dates, and revocation, shall be consistent with Chapter 11.50, Administration; Chapter 11.51, Permits and Procedures; and Chapter 11.56, Enforcement.

E.    Permit Action. Review of and action regarding a CUP may result in approval and granting, conditional approval, disapproval, or remand to the director for applicant redesign with refiling privileges.

1.    CUP findings and conditions shall be recorded and notification shall be sent consistent with Section 11.50.020, Public hearing notification. The decision shall include reasoning, valid zoning code section references, and any conditions and citations imposed on the permit by the approving body. Parameters and conditions of the CUP, as approved by the approving body, shall be considered development and performance standards applicable to the subject property.

F.    CUP Revocation. If the application or any conditions of the CUP violate this title or do not fulfill the intent of this title, the planning commission shall, following a public hearing, be authorized to take the following actions:

1.    Revoke the CUP, revoke and reissue the CUP with new or modified conditions, or modify the conditions of the existing CUP as may be appropriate under the circumstances.

2.    Impose, as a condition of the continuation, reinstatement, or reissuance of the CUP, a requirement that the permittee reimburse the city for all costs and expenses reasonably incurred in investigating, identifying, and documenting the violation, and in processing information concerning the violation for presentation to the planning commission, and, upon any appeal, to the city council.

3.    A CUP shall be revocable if the exercise of rights granted by the CUP are discontinued for six consecutive months. The use subject to the CUP may not be resumed if the CUP is revoked; a new CUP, including processing and public notification, shall be required.

Figure 11.52-1 Conditional Use Permit (CUP) Process

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

The purpose of this chapter is to establish a variance process to enable resolution of practical difficulties or undue physical hardships that may result from implementation of the regulations of this title. A variance may be granted for a parcel of property with physical characteristics so unusual that complying with the requirements of this title would create an exceptional hardship to the applicant or the surrounding property owners.

The sole purpose of any variance shall be to prevent discrimination, and no variance shall be granted that would have the effect of granting a special privilege not shared by other property in the same zone and vicinity. The intent is to avoid practical difficulties, unnecessary hardship, or results inconsistent with the general purposes of this title.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

A variance may be granted to allow the following, where the characteristics addressed by the variance are unique to the property and not shared by adjacent parcels. The unique characteristic must pertain to the land itself, not to the structure, its inhabitants, or the property owners.

A.    A reduction or variation in setback and yard regulations; parking and/or loading regulations; height regulations; and the expansion, extension, alteration, or relocation of nonconforming buildings and uses.

B.    A change in the required location of accessory buildings and uses, and the designated front or frontage of the building site.

C.    A reduction or variation in area regulations, including limitations on the area covered by accessory buildings.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

All of the following shall be strictly enforced limitations for granting a variance:

A.    No variance shall be granted that would have the effect of granting a special privilege inconsistent with the limitations on other properties in the vicinity and applicable zone.

B.    No variance shall be granted that would have the effect of authorizing a use that is not otherwise authorized by this title.

C.    None of the following shall be considered grounds for the issuance of a variance:

1.    The nonconforming use of adjacent properties, structures, or buildings in the same zone.

2.    The nonconforming use of property, structures, or buildings in other zones.

3.    The granting of a variance on another property.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

Before a variance may be granted, the planning commission (or the city council on appeal) shall make specific findings based on the pertinent evidence of the application and conditions of the property that all of the following conditions exist in reference to the property:

A.    The property is subject to exceptional or extraordinary physical conditions or circumstances that do not apply generally to the property or class of use in the same zone and vicinity.

B.    The exceptional or extraordinary physical conditions or circumstances are a characteristic of the property in relation to the regulations of this title, and not a result by the applicant/property owner or any previous owner of the property.

C.    The variance is necessary for the preservation and enjoyment of a substantial property right possessed by other properties in the same vicinity and zone, and would be denied to the property based on the application of the provisions of this title without the issuance of a variance.

D.    Granting the variance will not be materially detrimental to the public health, safety, or welfare, or cause adverse effect on any surrounding property or property improvements in the same vicinity and zone.

E.    Granting the variance will not confer on the applicant any special privilege that is denied by this title to any other property or class of use in the same vicinity and zone.

F.    Granting the variance is consistent with the intent of the general plan.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

The procedure for the application and granting of a variance is defined below.

A.    Application. An application for a variance shall be accompanied by all such materials deemed necessary by the director to document the conditions or circumstances of the property that would justify a variance, consistent with the standards of this chapter. No hearing shall be scheduled or noticed until the application is deemed complete by the planning division.

B.    Notice and Hearing. Upon submittal of a complete application, as deemed by the planning division, a planning commission hearing shall be scheduled and noticed, including noticing to the property owner on record and nearby property owners, as provided for in Section 11.50.020, Public hearing notification.

C.    Conditions and Limitations. Variances shall be granted upon such conditions and limitations and for such periods of time as the approving body deems to be reasonable and necessary so that the objectives of this title are achieved and the findings in Section 11.53.040, Required findings, may be made.

D.    Final Decision. The decision granting or denying the variance, with or without conditions, shall become final unless an appeal is filed, consistent with Table 11.51-1, Application and Review Authority. All other permit actions, including appeals, fees, effective dates, and revocation, shall be consistent with Chapter 11.50, Administration; Chapter 11.51, Permits and Procedures; and Chapter 11.56, Enforcement.

E.    Permit Action. Review of and action regarding a variance may result in approval and granting, conditional approval, disapproval, or remand to the director for applicant redesign with refilling privileges.

1.    Variance findings and conditions shall be recorded and notification shall be sent consistent with Section 11.50.020, Public hearing notification. The decision shall include reasoning, valid zoning code section references, and any conditions and citations imposed on the variance by the approving body. Parameters and conditions of the variance, as approved by the approving body, shall be considered additional development and performance standards applicable to the subject property.

F.    Applicant Action. Where the applicant is granted a more limited variance than for which the application is made, or imposes condition on the variance, the applicant may decline to accept the variance as granted and may appeal the decision.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

This chapter establishes the process for the preparation, adoption, and amendment of a specific plan. The specific plan provides a tool for the development of more specific land use, infrastructure, and/or design or development standards for properties requiring special treatment or consideration. The specific plan is a policy and regulatory tool for implementation of the goals and policies of the South Gate general plan.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

The provisions of this chapter shall apply to the preparation, review, and adoption of all specific plans prepared for all real property within the city of South Gate. The standards of this chapter, and eligibility for a specific plan, shall only apply to projects composed of a minimum of five acres of contiguous property. Any project of less than five acres shall not be eligible for a specific plan.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

A.    Applicant-Generated. The preparation of a specific plan, and concurrent zoning and/or general plan amendment(s), may be started by an applicant or property owner. The use of a specific plan is appropriate where site-specific regulation beyond the scope of this title would be beneficial based on site features or unique characteristics of the property, such as innovative development in the form of buildings, construction, design, or use combinations inconsistent with the established provisions of this title.

B.    Compatibility. All uses shall be compatible with the intent of the South Gate general plan and this title; maximum development intensity/density shall be consistent with the general plan.

C.    Regulating Document. A specific plan may either supplement or supersede land use regulations of this title, including all previously adopted ordinances, standards, and guidelines. Upon adoption of a specific plan and requisite zoning/general plan amendments, the specific plan shall replace and take precedence over the zoning regulations of this title for the subject property. Maximum intensity and density thresholds shall be consistent with the general plan. Where the regulations of a specific plan are silent, the zoning code regulations and all adopted ordinances, regulations, standards, and guidelines of the city shall apply, as deemed appropriate by the director.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

A specific plan shall provide regulations and design standards governing the minimum and maximum development parameters of all real property within the identified specific plan area. A specific plan shall include a statement of its relationship and consistency with the general plan, and compliance with Article 8 of Chapter 3 of the California Government Code, commencing with Section 65450, and as may be amended by the state. The city maintains full authority and discretion to determine how a specific plan will be prepared. At minimum, a specific plan shall address the following:

A.    Purpose. State the relationship to the goals and policies of the general plan.

B.    Setting. State the existing and regional setting to establish the conditions and reasons for the project.

C.    Proposed Land Uses. Establish the distribution, type, definitions of, and regulations for all proposed land uses.

D.    Development Standards. Establish all regulating policies, including all the following standards for all building types:

1.    Building height, setbacks, massing, and design standards;

2.    Lot area, width, depth, and structural limitations;

3.    Maximum number of dwelling units and the maximum residential density of the specific plan area and designated land uses consistent with the general plan;

4.    Usable open space provisions and requirements within the development;

5.    Off-street parking and loading facilities;

6.    Architectural and site planning design and development standards, which may include design themes or similar architectural treatments to control future construction of buildings on parcels covered by the adopted plan; and

7.    Signage requirements, if different from the standards of this title, to be addressed by a unique sign program codified in the specific plan.

E.    Site Planning. Establish a comprehensive map of all streets, open spaces, private and public property, and land uses for all affected properties, consistent with the intent of the general plan and this title.

1.    Provide site planning at the perimeter of the area boundaries for the mutual protection of the specific plan and the surrounding properties.

2.    Site orientation to use available solar, wind, and natural setting benefits of the site, and to retain natural features and amenities found on site.

3.    Provide landscape architectural concept plans and standards, including project entries, streetscapes, fencing details, lighting, signage, utilities, and street furniture.

F.    Infrastructure. Identify the proposed distribution, extent, intensity, and location of major components of public and private circulation/transportation, drainage, energy, sewers, solid waste disposal, water, and other essential facilities proposed.

1.    Include physical and fiscal plans for the construction, improvement, or extension of transportation facilities, public utilities, and all other public facilities/services required to serve the specific plan area.

2.    All public rights-of-way within or abutting the development shall remain within applicable city specifications.

3.    Include layout and design of private streets and alleys; such private facilities shall be privately owned and maintained without public cost and maintenance responsibility for their intended purpose.

4.    Consideration of other forms of access, such as pedestrian ways, paseos, courts, plazas, driveways, horse trails, bike trails, or open public parking areas may be made at the time of specific plan consideration by the city.

G.    Maintenance. Provisions ensuring the continued maintenance of private property, grounds, and all common areas.

H.    Phasing. Development phasing for the full life of the project and anticipated schedule, including start date and completion of each construction phase.

I.    Text and Graphics. A textual document incorporating graphics, including an executive summary, detailing all the required content identified in Section 11.53.040, Required findings, and any additional information identified by the director as pertinent to conveying the development intent, standards, and outcomes of the specific plan.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

The process identified in Figure 11.54-1, Specific Plan Review Process, shall apply to the processing of all proposed specific plans within the city. The city shall establish the application requirements, which may include a preapplication consultation; review of maps, including constraint and schematic maps; and preliminary development proposal and schedule review.

Figure 11.54-1 Specific Plan Review Process

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

A specific plan, which qualifies as a project under CEQA, shall be subject to environmental review in accord with CEQA; see Chapter 11.50, Administration.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

A.    Public Hearings. The specific plan process is considered a discretionary action. Public hearings shall be held consistent with Discretionary Permit Process B, as established by Table 11.51-1 and Figure 11.51-3, and consistent with all public hearing requirements of Section 11.50.030, Public hearing procedures.

B.    Approval. The specific plan shall be adopted by ordinance or resolution of the city council, in compliance with state law (Section 65453 of the California Government Code). The city council’s action to adopt a specific plan shall be accompanied by findings that the specific plan is in conformance with the goals, policies, and objectives of the general plan and other adopted goals and policies of the city.

C.    Incorporation upon Approval. Upon specific plan approval, the zoning map shall be updated by the city. The specific plan as modified and approved by the city council shall be incorporated into this title upon adoption.

D.    Specific Plan Fee. The city council may impose a specific plan fee surcharge on development permits within the specific plan area, in compliance with state law (Section 65456 of the California Government Code).

E.    Action Extension. The time within which the planning commission or city council shall act on an application for a specific plan, beyond the stipulations of Chapter 11.50, Administration, may be extended by the city council.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

A.    Process. A specific plan may be amended in the same manner as a zoning amendment, subject to the process and required findings established by Section 11.50.050, Amendments.

B.    Initiation. An amendment may be initiated by the city council or by the applicant, provided such an applicant has, at the time of application submittal, demonstrated a controlling interest in the development or management of uses within the specific plan area.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

This chapter provides regulations for nonconforming land uses, structures, and parcels to allow reasonable continuation of legally established uses and buildings that do not meet current city regulations.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

The provisions of this chapter shall apply to all nonconforming buildings or uses, including outdoor activities such as product storage or parking.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

A.    Use Continuation. Nonconforming land, buildings or uses may continue, subject to compliance with the applicable requirements of city, county, state, and federal laws regarding their operations.

B.    Legal Establishment. The person claiming the existence of a nonconforming building or use has the burden of proof with regard to that claim.

C.    Health, Safety, Welfare. The city shall determine that the continuation of the previously conforming use and/or structure does not endanger the health, safety, or general welfare of the public.

D.    Continuation of Nonconforming Residential, Industrial, and Nonindustrial Use Types. Nonconforming residential and nonindustrial uses may continue in use in any zone where they were legally established.

E.    Continuation of Nonconforming Industrial Use Types. Nonconforming industrial uses may continue in use in any zone where they were legally established.

F.    Continuation of Nonconforming Residential and Nonindustrial Buildings. Nonconforming residential and nonindustrial buildings and improvements may continue to be maintained and in use until such time as any of the following occurs:

1.    The building(s)/improvement(s) is demolished voluntarily, not caused by natural disaster.

2.    The building(s) is to be expanded, altered, or modified by more than ten percent in size from the size at the time it became nonconforming.

G.    Continuation of Nonconforming Industrial Buildings. Nonconforming industrial buildings and improvements may continue to be maintained in the location until such time as any of the following occurs:

1.    The building(s)/improvement(s) is demolished voluntarily, not caused by natural disaster.

2.    The building(s) is to be expanded, altered, or modified by more than ten percent in size from the size at the time it became nonconforming.

3.    A nonconforming structure that began construction under an active building permit prior to a change in regulations in this title, which would make the structure nonconforming once completed, may be completed per approved building permit and plans, and shall be deemed a previously conforming structure.

H.    Repairs and Maintenance of Nonconforming Structures – Residential, Industrial, and Nonindustrial. Minor building/structure repairs, aesthetic improvements, and routine maintenance are permitted and encouraged on all structures; provided, that no additions, enlargements, or structural alterations are made, except in accordance with the provision of this title. Renovations may be permitted subject to the following standards:

1.    Valuation. Maximum estimated cost does not exceed fifty percent of the construction valuation.

2.    Existing Footprint. All renovation occurs within the existing footprint and floor area of the existing structure.

I.    Alterations and Expansion of Residential Nonindustrial Structures and Uses. Alterations or expansions of a nonconforming residential structure or use are permitted subject to the approval of the director and the following standards:

1.    One-Time Expansion. A one-time expansion of up to ten percent of the existing square footage.

2.    No additional residential units are created.

3.    The expansion does not reduce the number of existing on-site parking spaces or access to the building.

4.    The expansion does not increase the number of stories.

5.    The expansion complies with all other provisions of this title.

J.    Alterations and Expansion of Industrial Structures and Uses. Alterations or expansions of a nonconforming industrial structure or use are permitted subject to the approval of the director through an administrative permit application and subject to the following standards:

1.    One-Time Expansion. A one-time expansion of up to ten percent of existing square footage.

2.    The expansion is of an incidental character and does not constitute a complete remodel as defined by this chapter and determined by the director.

3.    The expansion will architecturally integrate into the existing structure and not negatively impact overall site design.

4.    The expansion does not reduce the number of existing on-site parking spaces or access to the building.

5.    The expansion complies with all other provisions of this title.

K.    Nonconforming Parking – Residential, Industrial, and Nonindustrial. Uses that have nonconforming parking or loading may continue in operation, subject to the following conditions:

1.    One-Time Expansion. A one-time expansion of up to ten percent of existing floor space may be permitted without increase in parking requirements, regardless of conformance with Chapter 11.33, Parking Standards. Additional expansions shall require improvement of parking conditions to be consistent with Table 11.33-1.

2.    Changes to Parking Area. Any changes to a parking area layout, loading area, circulation aisles, access, lighting, or landscaping may only occur when the change reduces or corrects an existing substandard condition; changes shall be subject to applicable permitting of this title.

L.    Conforming Expansions. Alterations or expansions of any nonconforming use that brings the land use or building into partial or full compliance shall be permitted if the proposed improvements comply with the design and development standards of this title, and the requirements of this chapter. Such improvements will not be subject to the one-time expansion limitation.

M.    Phasing of Compliance. Partial conversions of properties or buildings to bring them into better compliance with this title are permitted and encouraged. This applies to nonconforming outdoor activities such as product storage or parking. When a portion of a property, building, or use is converted to bring it into conformance in phases, the owner does not waive the right to maintain previously allowed uses of other parts of the building or property under the conditions established in this chapter.

N.    Ownership of Multiple Parcels. For the purposes of this chapter, multiple contiguous parcels under the same or substantially the same ownership or control shall be treated as if they were a single parcel or property for enforcement of nonconforming use or building, including outdoor activities such as storage of product or parking. Ownership for the purposes of this chapter is defined as the same or similar business ownership structure.

O.    Interpretation of Existing Uses. For the purposes of this chapter, an existing use of any part of a building or property will be assumed to be an existing use throughout that building or property, including outdoor activities.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

A.    Discontinuation – Residential and Nonindustrial. Any discontinuance of such nonconforming use, as defined in this chapter, for a continuous period of six consecutive calendar months shall be deemed to constitute an abandonment of any right to continue or maintain such nonconforming use, and any future land use shall conform to provisions of this title. The director may extend, in writing, for no longer than six months, the period of discontinuance upon making the findings required by this chapter.

B.    Discontinuation – Industrial. Any discontinuance of such nonconforming use, as outlined in this chapter, for two consecutive calendar years shall be deemed to constitute an abandonment of any right to continue or maintain such nonconforming use, and any future land use shall conform to provisions of this title. The director may extend, in writing, for no longer than twelve months, the period of discontinuance upon making the findings required by this chapter.

C.    Abandonment – Residential and Nonindustrial. If any residential or nonindustrial nonconforming use or structure is wholly discontinued or abandoned for a continuous period of six calendar months, any subsequent use of such land or structure shall conform to the provisions of this title. The determination of discontinuance (i.e., abandonment) shall be supported by evidence, satisfactory to the director, and shall include the following:

1.    The apparent intent of the owner to discontinue use of the nonconforming structure, as determined by the director.

2.    Where furnishings, appliances and other personal property associated with the use are absent, and where lawful occupancy and/or use of the structure has been discontinued for six consecutive calendar months. Evidence of a discontinuation of a nonconforming use shall include but not be limited to: (i) the absence of active electricity, gas and water service accounts; and (ii) the absence of an active waste collection account.

3.    If the previously conforming use has been discontinued for the purpose of repair, remodeling, or aesthetic improvements, the maintenance of an active building permit and continuance of a business license shall constitute conclusive evidence that such use has not been abandoned during the period of repair, remodeling, or aesthetic improvements; provided, that the work is conducted diligently to completion.

D.    Abandonment – Industrial. If any industrial nonconforming use or structure is wholly discontinued or abandoned for a continuous period of two calendar years, any subsequent use of such land or structure shall conform to the provisions of this title. The determination of discontinuance (i.e., abandonment) shall be supported by evidence, satisfactory to the director, and shall include the following:

1.    The apparent intent of the owner to discontinue use of the nonconforming structure is apparent, as determined by the director.

2.    Where furnishings, equipment and other personal property associated with the use are absent, and where lawful occupancy and/or use of the structure has been discontinued for two calendar years. Evidence of a discontinuation of a nonconforming use shall include but not be limited to: (i) the absence of an active business license; the absence of an active State Board of Equalization permit; (ii) the absence of active electricity, gas and water service accounts; and (iii) the absence of an active waste collection account.

3.    If the previously conforming use has been discontinued for the purpose of repair, remodeling, or aesthetic improvements, the maintenance of an active building permit and continuance of a business license shall constitute conclusive evidence that such use has not been abandoned during the period of repair, remodeling, or aesthetic improvements; provided, that the work is conducted diligently to completion.

E.    Transfer to New Owner or Tenant. A change in ownership or occupancy of a use shall not result in a loss of nonconforming status, and the nonconforming status is transferable to a new owner or tenant; provided, that the use is not discontinued.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

A.    New Development. Any new structure(s) built on a nonconforming parcel shall conform to the provisions of this title.

B.    New Uses. If a nonconforming use is not reestablished within the time frame identified in this chapter, any new use or building (including outdoor activities) would be subject to the design and development requirements of new code with an effective date of March 2015. This determination may be appealed to the director, as identified in Section 11.50.040.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

Where any nonconforming building or structure is damaged or partially destroyed by fire, explosion, other casualty, or natural disaster, structure reconstruction and use reestablishment may be permitted subject to the following conditions.

A.    Existing Footprint. Reconstruction occurs completely within the same footprint and setbacks existing prior to the disaster (unless no longer conforming to building code requirements), the number of dwelling units is not increased, or the amount of off-street parking is not reduced. The reconstruction is eligible for the one-time expansion of up to ten percent of existing square footage as allowed by this chapter.

B.    Compliance with Title 9. A reconstructed building or structure shall comply with all current regulations in Title 9 of this code.

C.    Time Frame. Reconstruction, completion, and reestablishment of use shall conform to the same time provisions as identified in Section 11.55.040, and reconstruction shall be subject to the provisions of this title.

D.    Destruction Defined. “Damage or partial destruction” for the purpose of this section is defined as that which exceeds fifty percent of the replacement cost of the building or structure at the time of destruction.

E.    Nonconforming Use. Reestablishment of a nonconforming land use or building destroyed after a disaster may be established with approval of a conditional use permit (CUP). The use or building that has the highest level of the nonconformance would be permitted to be reestablished.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

A.    Nonconforming Uses. The director determines when land, structures, uses or outdoor activities have lost their nonconforming status. The director’s determination is subject to appeal to the planning commission pursuant to Section 11.50.040. Any abandoned nonconforming outdoor land use activity in any zone shall be abated, including clearing of the land and any associated equipment or materials, within one year of notification by the director and/or planning commission. All future use of such land shall conform to the applicable zone and use provisions of this title.

B.    Noncompliance Notification. If the conditions of Section 11.55.030, Existing development and land use activity, are not met, the city shall notify the property owner(s) of noncompliance of a building, structure or land use with two written correction notices, each requiring thirty-day compliance, within a twelve-month period. Where corrections are not fulfilled, the planning commission shall establish a formal schedule for abatement of the property after the sixty-day notification process. Abatement shall be required within two years from the second correction notice, as postmarked to the property owner(s).

C.    Abatement Schedule. When establishing the abatement schedule, the city shall consider the type of construction, age, condition, and extent of nonconformity of the structure or use in question. A formal resolution shall be passed to establish the facts upon which the abatement determination is made, and the property owner(s) and lessee shall be notified in writing of the decision within sixty days of meeting; the notice shall include reasonable abatement and conformance requirement dates.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

Legally created preexisting substandard lots having less than the minimum required lot area or width shall be considered a legal building site and shall be granted a land use permit consistent with the applicable zone without needing a variance for lot width or area. The development of an illegally created lot is prohibited.

A.    Required Setbacks. Development on a substandard lot shall meet the required setbacks of the applicable zone. Where development standards cannot be met, the substandard lot size shall not be used as the sole basis for granting a variance.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

The purpose of this chapter is to establish enforcement responsibilities and procedures intended to ensure compliance with the requirements of this title for the protection of the public health, safety, and welfare of city residents.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

Violations and enforcement are subject to the following authority and conditions.

A.    Authority. The director, or designee, is vested with the authority to enforce by arrest, abatement, citation, or any other means any violation of this title that is a nuisance, or any person who violates the provisions of this title in the manner provided by Section 836.5 of the California Penal Code.

B.    Violation Warning. The director is required to issue written notice to advise responsible parties of any violating provisions of this title, consistent with the city citation program.

C.    Each Day a Separate Offense. Each person or entity found in violation shall be deemed to be in violation of a separate offense for every day during any portion of which any violation of any provision of this title is committed, continued, or permitted by such person, firm, or corporation, and shall be punishable as provided for in this title.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

Upon determination by the director that violation of this title exists on any property, the property owner of record shall be provided with written notice, adequately describing the offensive condition.

A.    Service of Notice. The abatement notice for public nuisance shall be served upon the property owner (tenant, occupant) and all other persons responsible for the maintenance of the nuisance by any of the following sufficient service methods:

1.    Personal delivery on the property owner, tenant, and occupant;

2.    Posting a copy of the notice on the main entrance to the main building on the subject premises; or

3.    Mailing written notice to each person to whom such described property is assessed on the last equalized assessment roll available on the date of the notice to abate a public nuisance; addresses of owners shall be deemed to be the proper address for the purpose of mailing such notice.

B.    Hearing. The city council shall hold a hearing and consider all competent evidence offered by any person pertaining to the nuisance and matters set forth in the report, and hold a subsequent hearing regarding any report of abatement costs. The city council shall, at the conclusion of the hearing, allow or overrule any objections as it deems appropriate to comply with the intent of this chapter.

C.    Order of Abatement. If objections have not been made, or if they have been overruled, the director shall cause the city to abate the public nuisance described in the notice. The order shall be in writing and served upon the property owner in the same manner as described in subsection (A) of this section, Service of Notice. The director may, at his/her discretion, permit the property owner a one-time reasonable period of time within which to abate the nuisance at the property owner’s own expense. The director or designee may enter private property to abate the nuisance.

D.    Report of Costs. The director shall keep an account of all abatement costs per parcel where abatement work is performed. An itemized cost report shall be submitted to the city council for confirmation and served by mail to the owner of record. The notice of abatement cost shall include sufficient information on the disposition of work required or done, the date and nature of the work, and all pertinent hearing information related to the abatement.

E.    Abatement Special Assessment. The cost of abatement performed on each parcel constitutes a special assessment against that parcel. After the assessment is confirmed by the city council, it is a lien upon that parcel pursuant to the provisions of Sections 38773 and 38773.5 of the California Government Code.

F.    Assessment Transmittal. The city clerk shall transmit a certified copy of the city council-confirmed report to the county tax assessor and collector for filing with the county auditor on or before August 10th. The descriptions of the parcels reported shall be those used for the same parcels on the county assessor’s map books for the current year. The county auditor shall enter each assessment on the county tax roll opposite the parcel of land, and the amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes, and shall be subject to the same penalties and the same procedure of sale in case of delinquency for municipal taxes. All laws applicable to the levy, collection, and enforcement of municipal taxes shall be applicable to such special assessment.

G.    Voluntary Payment of Abatement Costs. The finance director may receive the amount due on the abatement costs and issue receipts at any time after the confirmation of the report, until August 1st following the confirmation of the report.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)

A.    Restriction on Occupancy. If any condition causes a building or property, or any portion thereof, to be in violation of this title, resulting in an unsafe condition as defined in Section 116 of the California Building Code, the building or property shall be vacated until such time as the unsafe condition has been corrected or removed.

B.    Other Civil Remedies Permitted. The aforementioned civil and criminal remedies for the abatement of a public nuisance are not exclusive of any other remedies permitted by law, including a civil action for injunction that may be maintained by the city or by any private person as permitted by law.

C.    Criminal Penalties. Any person, firm, company, or corporation owning, operating, leasing, or otherwise maintaining property or buildings, or any portion thereof, in violation of any permit or provision of this title shall be deemed guilty of:

1.    An infraction; or

2.    A misdemeanor as provided for in the particular section of this title.

Upon conviction, any person, firm, company, or corporation shall be punishable to the maximum extent as is permitted by law to be imposed for the commission of an infraction or a misdemeanor, as the case may be.

(Ord. 2323 § 1 Exh. A (part), 4-28-15)