South Gate City Zoning Code

Method of Notice.

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

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.

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

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

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

City-Initiated Amendments.

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.

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.

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).

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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:

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

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

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.

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:

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.

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.

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.

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:

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.

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

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.

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.

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

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.

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.

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.

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.

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.

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:

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.

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

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

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.

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

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

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.

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.

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.

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.

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.

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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

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

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

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.

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.

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

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

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.

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.

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.

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.

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).

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.

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.

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.

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.

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

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.

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.

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

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:

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:

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:

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:

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:

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

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.

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.

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.

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.

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.

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.

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:

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:

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.

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

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.

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.

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

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.

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.

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.

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.

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).

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.

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.

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.

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.

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.

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:

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.

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.

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.

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.

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.

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.

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.

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.

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: