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ORDINANCE 434G_) 57 1 cent persons, alcoholics, the wounded or mentally infirm, lodging houses, schools, 2 trailers used for human habitation, or trailer parks; and which nonconforming 3 building was designed or intended for a use not permitted in the I'M1° zone in 4 which it is located, shall be completely removed or altered to structurally 5 conform to the uses permitted in the zone in which it is located within the 6 herein specified times, upon notice from the Planning Commission, which times 7 are measured from the date of construction, except that in no case shall this 8 period of time be less than five (5) years from date of such notice. 9 (1) Where property is unimproved, one (1) year. 10 (2) In other cases five (5) years, and for such longer time as 11 will produce a total life of the improvement from the date of construction to 12 the date of abatement as follows: 13 (a) Type 4 or Type 5 buildings (light incombustible frame 14 and wood frame) twenty (20) years. 15 (b) Type 2 or Type 3 buildings (heavy timber construction 16 and ordinary masonry) twenty -five (25) years. 17 (c) Type 1 buildings (fire resistant) thirty (30) years. 18 Section 1606: RECONSTRUCTION OF NONCONFORMING BUILDING PARTIALLY DESTROYED. 19 A nonconforming building destroyed to the extent of not more than fifty percent 20 (50%) of its reasonable replacement value at the time of its destruction by 21 fire, explosion or other casualty or Act of God, or the public enemy, may be 22 restored and the occupancy or use of such building or part thereof which existed 23 at the time of such partial destruction may be continued subject to all other 24 provisions of this article. 25 Section 1607: REQUIRED DISCONTINUANCE OF NONCONFORMING USE OF LAND. The 26 nonconforming use of land where no structure thereon is employed in such use, 27 existing at the time this ordinance takes effect, may be continued for a period 28 of not more than two (2) years thereafter, provided -- 29 (1) no nonconforming use of the land shall in any way be expanded or 30 extended either on the same or adjoining property; and 31 (2) if the nonconforming use of land existing at the time this or- 32 dinance takes effect is thereafter discontinued for six (6) months cr more, or -70- GORDON WHITNALL & ASSOCIATES Consultants - Planning and Government 4313 LEIMERT BLVD. • LOS ANGELES 8, CALIFORNIA 1 changed, any future use of such land shall conform with the provisions of this 2 ordinance. 3 Section 1608E REQUIRED REMOVAL OF COMMERCIAL SIGNS AND BILLBOARDS. Com- 4 mercial signs and billboards lawfully existing immediately prior to the time 5 this ordinance becomes effective may be maintained, although existence of such 6 signs and billboards does not conform with the provisions of this ordinance= pro- 7 vided that all such nonconforming signs and billboards and their supporting mem- 8 bers shall be completely removed by their owners not later than two (2) years 9 from the date this ordinance takes effect. 10 Section 1609E PROVISIONS OF ARTICLE APPLY TO NONCONFORMING USES AND NON- 11 CONFORMING BUILDINGS RESULTING FROM RECLASSIFICATION. The foregoing provisions 12 of this article shall apply to buildings, land and uses which hereafter become 13 nonconforming due to any reclassification of zones under this ordinance. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 —71- GORDON WHITNALL & ASSOCIATES Consultants - Planning and Government 4313 LEIMERT BLVD. • LOS ANGELES 8, CALIFORNIA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 ARTICLE VARIANCES AND CONDITIONAL USE PERMITS Section 1700: PLANNING COMMISSION MAY GRANT VARIANCE. When practical difficulties, unnecessary hardships, or results inconsistent with the general purpose of this ordinance result through the strict and literal interpretation and enforcement of the provisions hereof, the Planning Commission shall have authority, as an administrative act, subject to the provisions of this Article, to grant, upon such conditions as it may determine, such variance from the provisions of this ordinance as may be in harmony with its general purpose and intent, so that the spirit of this ordinance shall be observed, public safety and welfare secured and substantial justice done. Section 1701: PURPOSE OF VARIANCE. The sole purpose of any variance shall be to prevent discrimination, and no variance shall be granted which would have the effect of granting a special privilege not shared by other property in the same vicinity and zone. Section 1702: REQUIRED SHOWING FOR VARIANCES. Before any variance may be granted, it shall be shown: (1) That there are exceptional or extraordinary circumstances or conditions applicable to the property or to the intended use that do not apply generally to the other property or class of use in the same vicinity and zone. (2) That such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone but which is denied to the property in question. (3) That the granting of such variance will not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. (4) That the granting of such variance will not adversely affect the comprehensive general plan. Section 1703: PLANNING COMMISSION MAY GRANT CONDITIONAL USE PERMITS. The Planning Commission may grant a Conditional Use Permit upon application for such matters as by this ordinance are required to be reviewed and allowed only -72- GORDON WHITNALL & ASSOCIATES Consultants - Planning and Government 4313 LEIMERT BLVD. • LOS ANGELES 8, CALIFORNIA _J I upon the granting of a Conditional Use Permit. 2 Section 1704: PURPOSE OF CONDITIONAL USE PERMIT. The purpose of a Con - 3 ditional Use Permit shall be -- 4 (1) to assure that the degree of compatibility made the purpose of 5 this ordinance shall be maintained with respect to the particular use on the 6 particular site and in consideration of other existing and potential uses within 7 the general area in which such use is proposed to be located; 8 (2) recognize and compensate for variations and degree of technologi- 9 cal processes and equipment as related to the factors of noise, smoke, dust, 10 fumes, vibration, odors and hazards. 11 Section 1705: NOTICE AND HEARING ON APPLICATION FOR VARIANCE OR CONDITIONAL 12 USE PERMIT. Upon the filing of an application for a variance or conditional 13 use permit by a property owner, or by a lessee with the consent of the owners, 14 which application sets forth fully the grounds for, and the facts deemed to 15 justify the granting of the variance or conditional use permit, the Planning 16 Commission shall hold at least one public hearing and shall give public notice, 17 as provided in Article 19, of the intention to consider at a public hearing the is granting of a variance or conditional use permit. 19 Section 1706: PIANNING COMMISSION SHALL MUM REPORT ON FINDINGS AND DE- 20 CISION. Not more than twenty -two (22) calendar days following the public hear- 21 ing on a variance or conditional use permit, the Planning Commission shall an- 22 nounce its findings by formal report and said report shall recite, among other 23 things, the facts and reasons which, in its opinion, make the granting or denial 24 of the variance or conditional use permit necessary to carry out the provisions 25 and general purpose of this ordinance, and shall order that the variance, or 26 conditional use permit, be granted or denied, and if such report orders that the 27 variance, or conditional use permit be granted, it shall also recite such condi- 28 tions and limitations as it may impose. 29 Section 1707: REPORT OF PIANNING COMMISSION ANNOUNCING FINDINGS AND 30 ORDER SHALL BE NUMBERED AND KEPT AS PERMANENT RECORD. The formal report of 31 the Planning Commission announcing its findings and orders after hearing on 32 an application for a variance or conditional use permit, shall be numbered —73- GORDON WHITNALL & ASSOCIATES Consultants - Planning and Government 4313 LEIMERT BLVD. • LOS ANGELES 8, CALIFORNIA _J 101 1 consecutively in the order of their filing and shall become a permanent record 2 in the files of the Planning Commission. 3 Section 1708: NOTICE OF DECISION OF THE PLANNING COMMISSION. Not later 4 than ten (10)calendar days following the rendering of a decision ordering that 5 a variance or a conditional use permit be granted or denied, a copy of the re- 6 port shall be mailed to the applicant at the address shown on the application 7 filed with the Planning Commission. 8 Section 17091 EFFECTIVE DATE OF ORDER GRANTING OR DENYING VARIANCE OR 9 CONDITIONAL USE PERMIT. TIME FOR APPEAL. The order of the Planning Commission 10 in granting or denying a variance or conditional use permit shall become final 11 and effective twenty -two (22) calendar days after the rendering of its report 12 granting or denying the variance or conditional use permit unless within such 13 twenty—two (22) calendar day period an appeal in writing is filed with the City 14 Council by either an applicant or an opponent. The filing of such appeal within 15 such time limit shall stay the effective date of the order of the Planning COm- 1 6 mission until such time as the City Council has acted on the appeal as here- 17 after set forth in this ordinance. 18 Section 1710: TRANSMISSION OF PLANNING COMMISSIONIS RECORD TO THE CITY 19 COUNCIL . Upon receipt of a written appeal filed with the City Council by the 20 applicant or opponent, as provided in this Article, the Clerk of the City Coun- 21 cil shall advise the Secretary of the Planning Commission who shall transmit to 22 said Clerk of the City Council the Planning Commissions complete record of the 23 case. 24 Section 1711: CITY COUNCIL, TO HOLD PUBLIC HEARING ON APPEAL. Within 25 not to exceed thirty (30) calendar days following the receipt of the written 26 appeal the City Council shall conduct a duly advertised public hearing, public 27 notice of which shall be given as provided in Article 19. 28 Section 1712: CITY COUNCIL TO ANNOUNCE FINDINGS AND DECISION BY RESOLUTION- 29 The City Council shall announce its findings and decision by formal resolution 30 not more than twenty -two (22) calendar days following the hearing, and said 31 resolution shall recite, among other things, the facts and reasons which in the 32 opinion of the City Council make the granting or denial of the tariance or -74- GORDON WHITNALL & ASSOCIATES Consultants - Planning and Government 4313 LEIMERT BLVD. • LOS ANGELES 8, CALIFORNIA _J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 conditional use permit necessary to carry out the general purpose of this or- dinance, and shall order that the variance or conditional use permit be granted, denied or modified subject to such conditions and limitations as it may impose. Section 1713: DECISION OF THE CITY COUNCIL SHALL BE FINAL. The action by the City Council on such matters shall be by majority vote of the entire City Council and shall be final and aonaiusive. Section 1714; NOTICE OF DECISION OF CITY COUNCIL. Not later than ten (10) calendar days following the adoption of a resolution ordering that a variance or conditional use permit be granted or denied, a copy of said resolution shall be mailed to the applicant or opponent, or to both if they be different parties, and one (1) copy shall be attached to the Planning Commission's file of the case and said file returned to the Planning Commission for permanent filing. —76— GORDON WHITNALL & ASSOCIATES Consultants - Planning and Government 4313 LEIMERT BLVD. • LOS ANGELES 8, CALIFORNIA 1 l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25, 26 27 28 29 30- 31 32 ARTICLE 1A AMENDMENTS AND UNCLASSIFIED USE PERMITS Section 18008 ORDINANCE MAY BE AMENDED. Boundaries of the zones estab- lished by this ordinance, the classification of property uses therein, or other provisions of this ordinance may be amended whenever public necessity and eonF- venience and general welfare require. Section 1801E INITIATION OF AMENDMENT. Amendments of this ordinance may be initiated by: (a) The verified application of one or more owners of property pro- posed to be changed or reclassified. (b) Resolution of Intention of the City Council. (c) Resolution of Intention of the Planning Commission. Section 18028 APPLICATION FOR AMENIMENT. Whenever the owner of any land or building desires an amendment, supplement to or change of the regulations prescribed for his property, he shall file with the Planning Commission an application therefor, verified by him, requesting such amendment. Section 18038 COMMISSION TO HOLD HEARINGS ON AMENDMENTS. Upon filing of a verified application for an amendment, or the adoption of a Resolution of Intention by the Planning Commission or the City Council, the Planning Commission shall hold at least one (1) public hearing thereon, and notice of such hearing shall be given as provided in Article 19 of this ordinance. Section 18048 CCMMISSION TO HOLD HEARING ON UNCLASSIFIED USE PERMITS. Upon the filing of a verified application for an unclassified use permit, the Planning Commission shall hold one (1) hearing thereon, and notice of such hearing shall be given as provided in Article 19 of this Ordinance. Section 1805s TIME FOR HEARING. The hearing before the Planning Commission on an amendment to the official precised plan hereby established, or an unclass- ified use permit, shall be held not later than forty (40) calendar days follow- ing the filing of an application for such amendment or unclassified use permit, or the passage of a Resolution of Intention by the Planning Commission or the City Council. Section 1806: CCMMISSION TO ANNOUNCE FINDINGS. The Planning Commission -76- GORDON WHITNALL & ASSOCIATES Consultants - Planning and Government 4313 LEIMERT BLVD. • LOS ANGELES 8, CALIFORNIA C1 shall announce its findings by formal resolution nor more than forty (40) calen- 2 dar days following the final hearing, and said resolution shall recite, among 3 other things, the facts and reasons which, in the opinion of the Commission, 4 make the approval or denial of the application for the amendment or unclassified 5 use permit necessary to carry out the general purpose of this ordinance, and 6 shall recommend the adoption of the amendment or unclassified use permit by 7 the City Council, or deny the application. 8 Section 18073 NOTICE OF COMMISSIONIS DECISION WHEN APPROVING. The Com- 9 missionis action in recommending the adoption of the amendment, or the approving 10 of the unclassified use permit shall be by resolution adopted by the affirmative 11 vote of two - thirds (2/3rds) of the Commission's voting members. Within ten (10) 12 calendar days from the date of such action, the Commission shall notify the 13 applicant by forwarding a copy of the resolution to the applicant at the address 14 shown upon the application, and shall forward to the City Council a copy of the 15 said resolution, together with the complete file in the case. 16 Section 1808E NOTICE OF DECISION OF COMMISSION WHEN DENYING THE APPLICA, 17 TION. When the action of the Commission is to deny an application, the Com- 1 8 mission shall, within ten (10) calendar days from the date of such action, 19 notify the applicant.t by forwarding a copy of the resolution to the address 20 shown upon the application. 21 Section 18093 COMMISSION ACTION SHALL BE FINAL WHSN DENYING APPLICATION. 22 The action of the Planning Commission in denying an application for amendment 23 or an application for an unclassified use permit shall be final and conclusive 24 unless, within ten (10) calendar days following the receipt of notice of the 25 action by the applicant an appeal in writing is filed with the City Council 26 by the Applicant. 27 Section 1810E TRANSMISSION OF COMMISSIONIS RECORD TO CITY COUNCIL. Upon 28 receipt of a written appeal filed with the City Council by the applicant, as 29 provided in this Article, the Clerk of the City Council shall advise the Sec- 30 retary of the Planning Commission who shall transmit to said Clerk of the 31 City Council the Punning Commissionts complete record of the case. 32 Section 1811E CITY COUNCIL TO HOLD PUBLIC HEARING ON COMMISSIONIS REOCK- . 77- �_ GORDON WHITNALL & ASSOCIATES Consultants - Planning and Government 4313 LEIMERT BLVD. • LOS ANGELES 8, CALIFORNIA 0 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 MENDATIONS ON AMENDMENTS, UNCLASSIFIED USE PERMITS, AND ON APPEALS. Within not to exceed forty (40) calendar days following receipt of the Resolution from the Planning Commission recommending the adoption of the amendment or the granting of the unclassified use permit, or the filing of a written appeal from an order of the Commission denying an application for amendment or an unclassified use permit, as provided in this Article, the City Council shall conduct a duly ad- vertised public hearing on the matter, public notice of which shall be given as provided in Article 19• Section 1812: CITY COUNCIL TO ANNOUNCE FINDINGS AND DECISION BY RESOLUTION. The City Council shall announce its findings and decision by formal resolution not more than forty (40) calendar days following the hearing, and said resole tion shall recite, among other things, the facts and reasons which, in the opinion of the City Council, make the approval or denial of the application for unclassified use permits or recommendation for the amendment necessary to carry out the general purpose of this ordinance. Section 1813: DECISION OF CITY COUNCIL SHALL BE FINAL. The action by the City Council on the application for amendment shall be by a majority vote of the entire membership of the City Council and shall be final and conclusive except, however, if the decision is contrary to the recommendation of the Planning Commission, the City Council shall request a further report of the Planning Commission before it makes its decision final. Failure of the Planning Commission to act within forty (40) calendar days of receipt of notice of the Councills request shall automatically make the City Councills decision final. Section 1814: NOTICE OF DECISION OF CITY COUNCIL. Not later than ten (10) calendar days following the adoption by the City Council of a Resolution ordering an amendment to this ordinance, the granting of an Unclassified Use Permit, or denying an application or recommendation for an amendment or Un- classified Use Permit, one (1) copy of such Resolution shall be forwarded to the Applicant at the address shown upon the application, and one (1) copy shall be attached to the file in the case and the complete file returned to the Plan- ning Commission for permanent filing. -78- GORDON WHITNALL A ASSOCIATES Consultants - Planning and Government 4313 LEIMERT BLVD. • LOS ANGELES 8, CALIFORNIA _J I ARTICLE 1Q 2 PROCEDURE, HEARINGS, NOTICES AND FEES 3 Section 1900: COMMISSION SHALL PRESCRIBE FORM OF APPLICATION BLANKS AND 4 TYPE OF REQUIRED INFORMATION. The Planning Commission shall prescribe the form 5 in which applications are made for changes in zone boundaries or classifications, 6 or for variances, conditional use permits or unclassified use permits. It may 7 prepare and provide blanks for such purpose and may prescribe the type of infor- 8 mation to be provided in the application by the applicant. No application shall 9 be accepted unless it complies with such requirements. 10 Section 19011 ACCEPTABILITY OF SIGNATURES ON APPLICATIONS. If signatures 11 of persons other than the owners of property making the application are required 12 or offered in support of, or in opposition to, an application, they may be re- 13 ceived as evidence of notice having been served upon them of the pending appli- 14 cation, or as evidence of their opinion on the pending issue, but they shall 15 in no case infringe upon the free exercise of the powers vested in the City of 16 E1 Segundo as represented by the Planning Commission or City Council. 17 Section 19021 APPLICATIONS A PART OF PERMANENT RECORD. Applications filed 18 pursuant to this ordinance shall be numbered consecutively in the order of their 19 filing, and shall become a part of the permanent official records of the agency 20 to which application is made, and there shall be attached thereto and permanent- 21 ly filed therewith copies of all notices and actions with certificates or affi- 22 davits of posting, mailing or publications pertaining thereto. 23 Section 19033 PILING FEES. The following fees shall be paid upon the filing 24 of any application: 25 (1) Reclassification or amendment - twenty -five ($25.00) Dollars. 26 (2) Variance - twenty -five ($25.00) Dollars. 27 (3) Conditional use permit - no fee. 28 (4) Unclassified use permit - no fee. 29 Section 19041 SETTING HEARINGS. All proposals for amending zone boundaries 30 or classifications of property uses within such zones or unclassified use per- 31 mits as are defined by this ordinance, or the granting of variances or conditional 32 use permits as provided in this ordinance, shall be set by the Secretary of the -79, GORDON WHITNALL & ASSOCIATES Consultants - Planning and Government 4313 LEIMERT BLVD. • LOS ANGELES 8, CALIFORNIA i I Planning Commission for public hearing when such hearing is to be held before 2 the Planning Commission, and by the Clerk of the City Council for hearing to 3 be held before the City Council. The date of the hearing shall be not less than 4 ten (10) calendar days nor more than forty (40) calendar days from the time of 5 filing of such verified application or the adoption of such resolution, or the 6 making of such motion. 7 Section 19051 NOTICES. Notice of time and place of public hearings shall 8 be given in the following manner: 9 (1) Notice of any public hearing upon a proposed amendment to this 10 ordinance, or to the map which is a part of this ordinance, shall be given by 11 at least one (1) publication in a newspaper of general circulation in the City 12 of E1 Segundo not less than ten (10) calendar days before the date of said pub - 13 lic hearing. 14 (2) Notice of public hearing to consider a variance, unclassified 15 use permit or conditional use permit shall be given by mailing a written notice 16 not less than ten (10) calendar days prior to the date of such hearing to the 17 owners of property within a radius of three hundred (300) feet of the exterior 18 boundaries of the property to be changed, using for this purpose the last known 19 name and address of such owners as are shown upon the latest available lot 20 books of the County Assessor of the County of Los Angeles, State of California. 21 (3) Both such methods may be employed at the direction of the 22 Planning Commission or City Council. 23 Section 1906: REQUIEMD WOMING OF NOTICES. Such public notice of hearings 24 on zone reclassification, amendment, variance or unclassified use permit shall 25 consist of the words "Notice of Proposed Change of Zone Boundaries or Class- 26 if ication" or "Notice of Proposed Variance" or "Notice of Proposed Conditional 27 Use Permit" or "Notice of Proposed Unclassified Use Permit ", as the case may be, 28 setting forth the description of the property under consideration, the nature 29 of the proposed change or use, and the time and place at which the public hear- 30 ing or hearings on the matter will be held. 31 Section 1907: INVESTIGATIONS. The Planning Commission shall cause to be 32 made by its own members, or members of its staff, such investigation of facts _80- GORDON WHITNALL & ASSOCIATES Consultants - Planning and Government 4313 LEIMERT BLVD. • LOS ANGELES 8, CALIFORNIA _J 1 bearing upon an application set for hearing, including an analysis of precedent 2 cases as will serve to provide all necessary information to assure action on 3 each case consistent with the purpose of this ordinance and with previous amend - 4 meats or variances. 5 Section 19082 ESTABLISHMENT OF RULES FOR CONDUCT OF HEARINGS. The Planning 6 Commission may establish rules governing the conduct of public hearings conducted 7 by it. 8 Section 1909: NUMBER OF HEARINGS REQUIRED. 9 (1) Amendments, zone boundary changes, reclassification and unclass- 1 0 if ied use permits shall require one hearing by the Planning Commission and one 11 (1) hearing before the City Council. 12 (2) variances and conditional use permits shall require a minimum 13 of one (1) hearing before the Planning Commission. 14 Section 1910: HEARINGS MAY BE CONTINUED WITHOUT RECOURSE TO PUBLIC NOTICE. 15 if, for any reason, testimony on any case set for public hearing cannot be com- 16 pleted on the day set for such hearing, the person presiding at such public 17 hearing may, before adjournment or recess thereof, publicly announce the time 18 and place to, and at which, said hearing will be continued and no further notice 19 is required. 20 Section 1911: PEERMANENT FILES SHALL INCLUIZ SUMMARY OF TESTIMONY. A sum- 21 mary of all pertinent testimony offered at public hearings held in connection 22 with an application filed pursuant to this ordinance, and the names of persons 23 testifying shall be recorded and made a part of the permanent files of the case, 24 25 26 27 28 29 30 31 32 -81- GORDON WHITNALL & ASSOCIATES Consultants - Planning and Government 4313 LEIMERT BLVD. • LOS ANGELES 8, CALIFORNIA i 1 ARTICLE 20 2 INTERPRETATION - PURPOSE - CONFLICT - SEVERABILITY 3 Section 20001 INTERPRETATION. In interpreting and applying the pro - 4 visions of this ordinance they shall be held to be the minimum requirement 5 for the promotion of the public health, safety, comfort, convenience and gener- 6 al welfare. It is not intended by this ordinance to interfere with or abrogate 7 or annul any easement, covenant or other agreement between parties. When this 8 ordinance imposes a greater restriction upon the use of buildings or land, or 9 upon the height of buildings, or requires larger open spaces than are imposed 10 or required by other ordinances, rules, regulations or by easements, covenants 11 or agreements, the provisions of this ordinance shall control. 12 Section 20011 CONSTITUTIONALITY OR INVALIDITY. If any section, subsection, 13 clause or phrase of this ordinance is, for any reason, held to be invalid or 14 unconstitutional, such invalidity or unconstitutionality shall not affect the 15 validity or constitutionality of the remaining portions of this ordinance; it 16 being hereby expressly declared that this ordinance, and each section, sub- 17 section, sentence, clause and phrase hereof, would have been prepared, proposed, 18 adopted, approved and ratified irrespective of the fact that any one or more 19 sections, subsections# sentences, clauses or phrases be declared invalid or 20 unconstitutional. 21 22 23 24 25 26 27 28 29 30 31 32 _8Z. GORDON WHITNALL & ASSOCIATES Consultants - Planning and Government 4313 LEIMERT BLVD. • LOS ANGELES 8, CALIFORNIA `R ­0 1 A.RTICLE 21 2 REVOCATIONS 3 Section 2100: PERMITS OR VARIANCES MAY BE REVOKED. The Planning Commis - 4 sion may, after a public hearing held in the manner prescribed in Article 17 5 governing variances and conditional use permits, and Article 18 governing 6 unclassified use permits, revoke or modify any permit or variance issued on any 7 one or more of the following grounds: 8 (1) That the approval was obtained by fraud. 9 (2) That the use for which such approval is granted is not being 10 exercised. 11 (3) That the use for which such approval was granted has ceased to 12 exist or has been suspended for one (1) year or more. 13 (4) That the permit or variance granted is being, or recently has 14 been exercised contrary to the terms or conditions of such approval, or in vio- 1 5 lation of any Statute, Ordinance, law or regulation. 16 (5) That the use for which the approval was granted was so exercised 17 as to be detrimental to the public health or safety, or so as to constitute a 18 nuisance. 19 Section 2101: E%PIBATION. Any permit or variance granted by the Plan- 20 ning Commission or City Council becomes null and void if not exercised within 21 the time specified in such permit or variance, or if no date is specified, 22 within one (1) year from the date of approval of said permit or variance. 23 24 25 26 27 28 29 30 31 32 -83- GORDON WHITNALL & ASSOCIATES Consultants - Planning and Government 4313 LEIMERT BLVD. • LOS ANGELES 8, CALIFORNIA I ARTICLE 22 2 PERMITS - LICENSES 3 Section 2200: CERTIFICATE OF OCCUPANCY PERMIT. To assure compliance with 4 the parking requirements and other provisions of the Zoning Ordinance a Cer- 5 tificate of Occupancy shall be obtained from the building department before: 6 (1) any now building be initially occupied or used; 7 (2) any existing building be altered or a change of type or class of 8 use be made; and 9 (3) a change of use of any unimproved premises be made. 10 Section 2201: NO CONFLICTING LICENSES OR PERMITS SHALL BE ISSUED. All 11 departments, officials or public employees vested with the duty or authority 12 to issue permits or licenses where required by law shall conform to the provis- 1 3 ions of this ordinance. No such license or permit for uses, buildings or pur- 14 poses where the same would be in conflict with the provisions of this ordinance 15 shall be issued. Any such license or permit, if issued in conflict with the 16 provisions hereof, shall be null and void. 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 -84- GORDON WHITNALL 8 ASSOCIATES Consultants - Planning and Government 1313 LEIMERT BLVD. • LOS ANGELES 8, CALIFORNIA i J ART I CI,E 23 PENALTY Section 2300: VIOLATORS PUNISHABLE BY FINE AND IMPRISONMENT. Any per- son, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punish- able by a fine of not more than Five Hundred ($500.00) Dollars or by imprison- ment in the County Jail for a period of not more than six (6) months, or both such fine and imprisonment. Section 2301: EACH DAY A SEPARATE OFFENSE. Each person, firm or corporation found guilty of a violation shall be deemed guilty of a separate offense for every day during any portion of which any violation of any pro- vision of this ordinance is committed, continued or permitted by such person, firm or corporation, and shall be punishable therefor as provided for in this ordinance, and any use, occupation or building or ztructure maintained contrary to the provisions hereof shall constitute a public nuisance. ARTICLE 24 ENACTMENT AND REPEAT, Section 2400: Ordinance No. 306 of said City and all ordinances amendatory of said Ordinance No. 306 shall be and the same are hereby repealed, as are also all other ordinances and parts of ordinances insofar as such other ordinance- or ordinances conflict with the provisions hereof, including Ordi- nance No. 421. Section 2401: That this ordinance shall become effective at midnight on the thirtieth day from and after the date of the final passage and adoption thereof. Section 2402: That the City Clerk shall certify to the passage and adoption of this ordinance; shall cause the same to be entered in the book of original ordinances of said City; shall make a minute of the passage and adop- tion thereof in the records of the meeting at which the same is passed and adopted; and shall, within fifteen days after the passage and adoption thereof, cause the same to be published once in the E1 Segundo Herald, a weekly newspaper of general circulation, published and circulated within said City of E1 -85- i ,. ay I Segundo and which is hereby designated for that purpose. 2 Passed, approved and adopted this 14th day of April , 3 1954. 4 yor he y 5 El Segundo, 6 7 ATTEST: 8 ia==_ Jerk 9 10 it 12 (SUL) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 —86- GORDON WHITNALL & ASSOCIATES Consultants - Planning and Government 4313 LEIMERT BLVD. • LOS ANGELES 8, CALIFORNIA STATE OF CALIFORNIA, ) COUNTY OF LOS ANGELES, ) SS. CITY OF EL SEGUNDO. ) I, Neva M. Elsey, City Clerk of the City of E1 Se- gundo, California, do hereby certify that the whole number of members of the City Council of the said City is five; that the foregoing ordinance, being Ordinance No. 434, was passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on the loth day of April, 1954, and that the same was so passed and adopted by the following vote: AYES: Councilmen Baker, Gordon. Peterson, Swanson and Mayor Selby: NOES: Councilmen None: ABSENT: Councilmen Mona- WITNESS my hand and the official seal of said City thisl4th day of April, 1954• (SEAL) City Clerk of the Cit o E1 Segundo, Californi . STATE OF CALIFORNIA, ) COUNTY OF LOS ANGELES, ) SS. CITY OF EL SEGUNDO. ) I, Neva M. Elsey, City Clerk of the City of E1 Se- gundo, California, do hereby certify that the whole number of members of the City Council of the said City is five; that the foregoing ordinance, being Ordinance No. 434, is a full, true and correct original of Ordinance No. 434 of the said City of El Segundo, California, entitled: "AN ORDINANCE ESTABLISHING ZONES IN THE CITY OF EL SEGUNDO AND THEREIN REGULATING THE USE OF LAND, HEIGHT OF BUILDINGS, AREA OF LOTS AND PARCELS AND YARD SPACES; PROVIDING FOR THE ADOPTION OF MAPS SHOWING THE BOUNDARIES OF SAID ZONES; DEFINING THE TERMS USED IN THIS ORDINANCE; PROVIDING FOR ITS ADJUST- MENT, AMENDMENT AND ENFORCEMENT; PRESCRIB- ING PENALTIES FOR VIOLATION; REPEALING ORDINANCES OR PORTIONS OF ORDINANCES IN CON- FLICT THEREWITH AND REPEALING ORDINANCE NO. 306. ", which was duly passed and adopted by the said City Council, approved and signed by the Mayor of said City, and attested by the City Clerk of said City, all at a regular meeting of the said Council held on thel4th day of April, 1954, and that the same was so passed and adopted by the following vote: AYES: Councilmen Baker, Gordon,, Peterson, Swanson and Mayor Selby; NOES: Councilmen None; ABSENT: Councilmen None. I do hereby further certify that pursuant to the pro- visions of Section 36933 of the Government Code of the State of California, that the foregoing Ordinance No. 434 was duly and regularly published according to law and the order of the City Council of said City in the E1 Segundo Herald, a weekly newspaper of general circulation, printed, published and cir- culated within the said City and that the same was so published therein on the following date, to wit: April 22. 1951. • City Clerk of t e Cit# of El Segundo, Californih To (SEAL) Affidavit of Publication STATE OF CALIFORNIA, COUNTY OF LOS ANGELES, ss CITY OF EL SEGUNDO, C1az�O11 N1Cr1015 ......... being first duly sworn, deposes and says: That he is, and at all of the times hereinafter mentioned was, a citizen of the United States of America, over the age of eighteen years, and a resident of the County of Los Angeles, State of California ; that he was, at, and during all of the time of the publication of the instrument hereunto attached the........ Editor...................... ............................... Editor of EL SUGUNDO HERALD, a newsp aper of General circulation, published and circulated weekly in the City of El Segundo, in said County and State; that said newspaper has been so published and circulated at regular intervals of one week for more than one year immediately preceding the publication of the instrument hereunto annexe:l; that said newspaper is, and was, at all of the times herein mentioned, a newspaper of general eirc .lation within the meaning of Section 4460 of the Political Code of the State of California; that as provided by said section, said newspaper is published for the dissemination of local or telegraphic news and intelligence of a general Or, tracter, having a bona, fide subscription list of paying subscribers; that said newspaper is not and was not at any of the times herein referred to, devoted to the interests, or published for the entertainment or instruction of a particular class, profession, trade, calling, race or denomination, or for any number of such classes, professions, trades, callings, races or denominations, and that said newspaper is not devoted to or published for, nor was it at any of the times herein mentioned devoted to or published for the purpose, whether avowed )r otherwise, of entertaining or instructing such classes, professions, trades, callings, races or denomin- ations, or any of such classes, professions, trades, callings, races or denominations. That e(�o�tice, order, ordinance, resolution or in strument hereunto attached on page.. i' Anumbered ..u. 94) S�✓t.. Tl . ............................... ...................... ............................... hereof in all respects, including subject matter, and size and arrangement of type, is a full, true and correct copy of the said notice, ordinance, resolution or instrument, in words and figures exactly as published; that the same was set and printed in type not smaller than nonpareil and that the body of the same was preceded with words printed in black -face type not smaller than nonpareil, describing and expressing in general terms the purpose and character of the notice, order, ordinance, resolution or instrument intended to be published, as will appear from an inspection of the said annexed instru- ment; that the... Drdinanre . NTumber.. 434 ...................................................... of which the annexed is a printed copy as hereinabove stated, was published and printed in said news- paper at least ..... �n�^..week...., by...... . one ........ consecutive publication...., commencing on the .....day of ... .D ..fir j l .............. . A. D. rJ 4. and ending on the....... (� ........... day of .. .........�-Qr1.1 .............A. D. 19..54., and as often during said time as said newspaper was regu- larly issued, to -wit:. O Ile t iMe, F�r l . ..99�4..................... . .... . .............................. ............................... ............................. .............................�. ,....................... Subscribed and sworn to before me this..°.? `?j4 -°.., day of ..... . .............. A. D. 19.d T'. City clerk of the City of El gundo, County of Los Angeles, Stat of California. By ... ... .... .. .... ............ Deputy City Clerk of said City. J