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ORDINANCE 507FSJ48 (b) ;Varehouses, stores, Tarages, lofts, thirty- five years. (c) Factories and industrial, forty -five (45) years. (4) Type 1 buildings (fire resistant); (a) Offices and hotels, forty -five (45) years. (b) Theatres, fifty (50) years. (c) Warehouses, lofts, stores, garages, forty -five (45) years. (d) Industrial, thirty -five (35) years. B. In t'C" Zones: (1) Residential structures in the C -2 Zone existing on the effective date of this ordinance shall be considered as nonconformingc, uses but, as such, shall be subject only to those provisions cf this ordinance which provide that a non - conforming buildin7 removed or destroyed shall not be replaced by other than a conforming building and that the degree of nonconformity may not be increased by changing to less re- stricted residential use. (2) Every nonconforming building in a C Zone which is designed for a use first permitted in an M Zone shall be com- pletely removed or altered to conform to those uses permitted in the C Zone in which such building is located within the herein specified times, upon notice from the Planning Commis- sion, which times are measured from the date of construction, except that in no case shall this period be less than five (5) years from the date of such notice by the Plannin7 Commission. hs used in this Section, the designations "Type 1 building ", "Type 2 bui_ldinmtl, ' +Tyne 3 buildingsr "Type 4 building" and "Type 5 building" are employed as defined in the existing building ordinance. (a) "There property is unimproved except for struc- tures of a type for which the existing building ordinance does not require a building; permit, one (1) year. - 75 - (b) Type 4 and Type 5 buildin >s (lisht combustible frame and wood frame), forty (40) gears. (c) Type 2 or Type 3 buildings (heavy timber con- struction and ordinary masonry (1) Apartments, offices, hotels or residences having stores or offices below and apartments or offices above, thirty -five (35) years. (2) Warehouses, stores, garages, lofts, thirty - five (35) years. (3) Factories and industrial, forty -five (45) years. (d) Type 1 buildings (fire resistant): (1) Offices and hotels, forty -five (45) fears. (2) Theatres, fifty (50) years. (3 ) Warehouses, lofts, stores, garafres, forty- five (45) years. (4) Industrial, thirty -five (35) years. C. In I'M" Zones: Every nonconformin;^ building in the M Zones which is used for, or devoted to, any residential purposes, hospital (except emergency hospitals), hotel, institution or home for the treatment of convalescent persons, alcoholics, the wounded or men- tally infirm, lodging houses, schools, trailers used for human habi- tation, or trailer parks and which nonconforming building was de- signed or intended for a use not permitted in the M Zone in which it is located, shall be completely removed or altered to structurally conform to the uses permitted in the zone in which it is located within the herein specified times upon notice from the Planning Commission, which times are measured from the date of construction, except that in no case shall this period of time be less than five (5) years from date of such notice. (1) '.4here property is unimproved, one (1) year. (2) In other cases five (5) years, and for such longer time as will produce a total life of the improvement from the date of construction to the date of abatement as follows: -7F- 6 3 (a) Type 4 or Type 5 buildings (light incombus- tible frame and wood frame),twenty (20) years. (b) Type 2 or Type 3 buildings (heavy timber con- struction and ordinary masonry),twenty -five (25) years. (c) Type 1 buildings (fire resistant), thirty (30) years. SECTION 160$: COT.UU ISSION TO DETERMINE CONDITIONS OF ABATE - TENT. When any nonconforming condition exists in any zone, other than the nonconforming- use of land where no structure is involved, it shall be the responsibility of the Plannin Commission on its own initiative, to fix a date upon which the nonconforming building was established. It shall also be the responsibility of the Planning Commission to determine whether, by reason of structural alterations or enlargements, or the installation of major equipment designed into the building prior to the date this ordinance becomes applica- ble thereto, it is deemed necessary to establish a later date for abatement than that prescribed herein for the building itself in order to assure that the investment represented by such structural alterations, enlargements or equipment installations may be amor- tized. In performing this function the Commission shall consider all pertinent data in connection therewith and provide the oppor- tunity for the owner of record, or lessee if there be such, to pre- sent such evidence as they may possess and which properly relate to such case. When the date of abatement has been determined, the Commission, by resolution, shall establish such date and shall set forth such facts as bear upon the case upon which the determination of such date of abatement is based, and shall formall'T notify the owner of such nonconforming property of the action of the Commission by mailing; to such owner a copy of the formally adopted resolution not later than ten (10) days following the date of subject action by the Planning Commission. - 77 - J551 SECTIDi'J 1609: RECONSTRUCTION? OF NO!';COA`FO1mTIPvG BUILDING PARTIALLY DESTROYED. A nonconforming buildin,,- destroyed to the ex- tent of not more than fifty per cent (505) of its value at the time of its destruction by fire, explosion or other casualty or Act of God, or the public enemy, may be restored and the occupancy or use of such building or part thereof which existed at the time of such partial destruction may be continued subject to all other provisions of this Article. SECTION 1610: NONCONFORMING BUILDINGS AND USES MAY NOT BE ENLARGED OR STRUCTURALLY ALTERED. No nonconforming building may be enlarged or structurally- altered nor nonconforming use expanded unless such enlargement or structural alteration or expansion makes the building: or use conforming; provided, however, where a build- ing or buildings, and customary accessory buildings are nonccriform- ing only by reason of substandard yards or open spaces, the provis- ions of this ordinance prohibitinl- structural alterations or en- largements shall not apply, provided that any structural alterations of an existing buildin- shall not increase the degree of nonconfor- mity of yards or open spaces, and any enlargements shall observe the yards and open spaces required on such lot. SECTION 1611: PUBLIC UTILITY EXEMPTIONS. The foregoing provisions of this Article concerning the required removal of non- conforming buildings and uses and the reconstruction of nonconform- ing buildings partially destroyed, shall not apply to public utili- ty buildin_s and structures when such buildings and structures pertain directly to the rendering- of the service or distribution such as power generating plants and electrical distribution substa- tions; water wells and pumps; gas storage, metering and valve con- trol stations. 'Tor shall anythin:_, in this Article be construed or applied so as to prevent the expansion_, l:odernizat,ion or replace- ment of such public utility b uildin= -s, structures, equipment and features as are used directly for the delivery of, or distribution of, the service, provided the provisions of this section shall not - 78 - 3 5-2 exempt fro:-r, the nrovi sions coverin nonconformity of such buildings, structures, or uses as do not immediately relate to the direct ser- - ,.nice to consumers, such as warehouses, storage yards and the like. SECTION 1612: REQUIRED RE!OVAL OF COYLEMERCIAL SIGNS AND BILLBOARDS. Commercial signs and billboards lawfully existing on May 14, 195., but which were made nonconforming uses on such date and which were not removed by I'>iay 14, 1956, shall be considered to be a violation of the provisions of this ordinance. ARTICLE 17 VARIANICES AND CO" DITIOIVAL USE PERI,,iITS SECTlO 1 1700: PLA- ', 4G CO,11ISSIOi11 HAY GRANT VARIANCE. .Vher: practical difficulties, unnecessary ardships, or results in- consistent with the general purpose- of this ordinance result through t?e strict and literal interpretation and enforcement of the pro- visions 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 substanti- al justice done. SECTIO`1 1701: PURPOSE OF VARIANCE. The sole purpose of any variance shall be to prevent discrimination, and _,:o variance shall be granted which would have the effect of -ranti= a special privilege not s'_:are-a by other property in the same vicinity a,-id zone. SECTIC1 1702: REQ?JIRFD 510JIdGS FOR VARIANCES. Before any variance ,pass be --ranted, it s' all 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. - 79 - 553 (2) That such variance is necessary for the preservation and enjoyment of a substantial property ri;ht possessed by other prop- erty in the same vicinity and zone but which is denied to the prop- erty in question. (3) That the --;ranting of such variance will not be material- ly detrimental to the public welfare or injurious to the property or improvement in such vicinity and zone in which the property is located. (4) That the ;ranting of such variance will not adversely af- fect the comprehensive Teneral plan. SECTION 1703 ; PLA �'i ING C'011 MISSION MAY GRAi1T CONDITIONAL USE PERMITS. The Planning Commission may -rant a Conditional Use Permit upon application for such matters as by this ordinance are required to be reviewed and allowed only upon the granting of a Conditional Use Permit. SECTION 1704: PURPOSE OF CONDITIONAL USE PERMIT. The purpose of a Conditional Use Permit shall be: (1) To assure that the degree of compatibility made the pur- pose of this ordinance shall be maintained with respect to the par- ticular use on the particular site and in consideration of other existing and potential uses within the general area in which such use is proposed to be located; and (2 ) To reco,Mnize and compensate for variations and de-ree of technolo7ical processes and equipment as related to the factors of noise, smoke, dust, fumes, vibration, odors and hazards. SECTION 1705: `iOTICE AdD HEARING ON APPLICATION FOR VARI- ANCE OR CONDITIONAL USE PERT,iIT. Upon the riling of an application for a variance or conditional use permit by a property owner, or by a lessee with the consent of the owners, which application sets forth fully the grounds for, and the facts deemed to justify the grantinr-r, of the variance or the conditional use permit, the Planning, Commission shall give public notice, as provided in Article 19, of the intention to consider at a public hearing the granting of a variance or conditional use permit. - 80 - 3 f- 554 S~JCTIO 170: PLCTIi,TG COt �'-ISSIO ?; STIALL A I,IOU DICE FI�TD- INGS '.,,TD DECISIO_' BY RESOLUiIO . "'ot more than forty (40) calen- dar days follo?,vin , the termination of the proceedi-,gs of t, -e public hearing- on a variance or conditional use permit, the Planning Com- hlission shall announce its findings by formal resolution, and said resolution shall recite, among other thin,}gs, the facts and reasons which, in the opinion of the Planning; Commission, make the grant- ing or denial of the variance or conditional use permit necessary to carry out the provisions and general purpose of this ordinance, and shall order that the variance, or conditional use permit, be granted or denied and if such resolution orders that the variance or conditional use permit be granted, it shall also recite such conditions and limitations as the Commission may impose. SECTION 1707: RESOLUTIONS OF PLANINING COPvi�iISSION ANNTOUNC- ING 7INDINGS AI,TD ORDER SHIALL BE NUIBERED AND :DEPT AS PERMANE""�IT RECORD. The formal resolution of the Plannin3- Commission announcing its find- ings and order after hearing on the application for a variance or conditional use permit shall be numbered consecutively in the order of their filing and shall become a permanent record in the files of the Planning Commission. SECTION 1708: NOTICE OF DECISION OF THE PLANNING CONF4IS- SION. Not later than ten (10) calendar days following the render- ing of a decision ordering that a variance or conditional use permit be granted or denied, a copy of the resolution shall be mailed to the applicant at the address shown on the application filed with the Planning Commission and to any other person requesting a copy. SECTION 1709: EFFECTIVE DATE OF ORDER GRANTI'dG OR DENY- ING VARIANCE OR CONDITIONAL USE PERMIT. TIPS FOR APPEAL. The order of the Planning Commission in grantin7 or denying a variance or conditional use permit shall become final and effective ten (10) calendar days after date of notification to applicant grantin, -- or denying the variance or conditional use permit unless within such ten (10) calendar day period an appeal in writing is filed with the City Council by either an applicant or an opponent. - 81 - J 0355 SECTION 1710: TRANSMISSION OF PLANNING COTV2JISSION'S RECORD TO THE CITY COUNCIL. Upon receipt of a written appeal filed with the City Council by the applicant or opponent, as provided in this Article, the Clerk of the City Council shall advise the Secre- tary of the Planning Commission who shall transmit to said Clerk of the City Council the Planning Commission's complete record of the case. SECTION 1711: CITY COUNCIL TO HOLD PUBLIC HEARING ON APPEAL. Within not to exceed forty (40) calendar days followin the receipt of the written appeal from the decision of the Plan- ning Commission, the City Council shall conduct a duly advertised public hearing, public notice of which shall be :given as provided in Article 19 of this ordinance. SECTION 1712: ADVERSE DECISION BY COUNCIL TO BE REFERRED TO PLANNING COIVU'ISSION. If the City Council proposes an action that is in any way contrary to the recommendations of the Planning Commission, it may, before final action is taken, refer its find - ings to the Planning Commission and request a further report of the Planning Commission on the matter. Failure of the Planning Com- mission to report to the City Council within forty (40) calendar days after reference may be deemed to be approval by the Planning Commission of any proposed chanYe. SECTION 1713: COUNCIL TO ANNOUNCE FINDINGS AND DECISION BY RESOLUTION. The City Council shall announce its findin­s and decision by formal resolution not more than forty (40) calendar days following the termination of proceedings of -the hearing, or upon receipt of a report from the Planning Commission when a matter has been referred back to the Planning Commission, and said resolution shall recite, among other things, the facts and reasons which, in the opinion of the City Council, makes the granting or denial of the variance or conditional use permit necessary to carry out the general purpose of this ordinance and shall order that the variance - 82 - 97�,.r-f� 0 _) us or conditional use permit be ---ranted or denied or modified, sub- ject to such conditions or limitations that it may impose. SECTION 1714: DECISION OF CITY COUi,TCIL SHALL BE FINAL. Any action by the City Council on such matters shall be by the af- firmative votes of at least three (3) members cf the City Council, and shall be final and conclusive. SECTTION 1715: NOTICE OF DECISION OF CITY COUNCIL. Not later than ten (10) calendar days following, the adoption of a reso- lution ordering that a variance or conditional use permit be granted or denied, a copy of said resolution shall be mailed to the appli- cant and to any other parties requesting notice of the action, 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. SECTION 1716: COUNCIL MAY REQUEST ADDITIONAL INFORMATION. The Planning Commission, upon request of the City Council, shall provide additional information or records on any matter pending before the City Council for decision. ARTICLE 13 ATKEND JENTS, UNCLASSIFIED USE PERIZ• ITS AND PRECISE PLANS SECTION 1800: ORDINANCE MAY BE AMENDED. Whenever public necessity, convenience and general welfare require, the boundaries of the zones established by this ordinance, the classification of property uses therein, or other provisions of this ordinance may be amended as follows: (1) By amending the zoning map; (2) By adoption of precise plans; 4 (3) By revising the text of the ordinance. SECTION 1301: INITIATION OF AMENDMENT. Amendments of this ordinance may be initiated by: (1) The verified application of one or more owners of property which is proposed to be changed or reclassified; - 83 - SECTION 1806: CONJISSION TO ANNOUNCE FINDINGS. The Planning Commission shall announce its findings by formal resolu- tion not more than forty (40) calendar days following the hearing, and said resolution shall recite, among other things, the facts and reasons which, in the opinion of the Commission, make the ap- proval or denial of the application for the amendment, precise plan or unclassified use permit necessary to carry out the general purpose of this ordinance, and shall recommend the adoption of the amendment, precise plan or unclassified use permit by the City Council, c.r deny the application. SECTION 1807: NOTICE OF COT,2I'1ISSION1S DECISION WHEN AP- PROVING. nlhen the Commissionfs action is to recommend the adoption of the amendment, or the approval of the precise plan or an un- classified use permit, the Commission shall, within ten (10) calen- dar days from the date of such action, notify the applicant by for- warding a copy of the resolution to the applicant at the address shown upon the application, and shall forward to the City Council a copy of said resolution, toJether with the complete file in the case. SECTION 1808: NOTICE OF DECISION OF COPMISSION WHEN DENYING THE APPLICATION. When the action of the Commission is to deny an application, the Commission shall, within ten (10) calendar days from the date of such action, notify the applicant by forward - in,; a copy of the resolution to the address shown upon the applica- tion. SECTION 1809: C01,UII3SION ACTION SHALL BE FINAL WITEN DENYING APPLICATION. The action of the Planning Commission in deny- ing an application for an amendment or an unclassified use permit, or to deny approval of a precise plan, shall be final and conclusive unless, within ten (10) calendar days following the date of notifi- cation to applicant by the Planning Commission an appeal in writing is filed with the City Council. - 85 - j ,559 SEC`PIO a 1810: TRyNSi'IISSIOI� Oli Cok` ISSIONIS RECORD 'i0 CITY CCUigCIL. Upon receipt of a written appeal filed with the City Council by the applicant or an opponent as provided in this Article, the Clerk of the City Council shall advise the Secretary of the Planning Commission who shall transmit to said Clerk of the City Council the Planning Commission's complete record of the case. SECTION 1811: CITY COUNCIL TO HOLD PUBLIC HEARING ON COMMISSION'S RECOM�JMNDATIONS ON AMENDMENTS, PRECISE PLANS AND UN- CLASSIFIED 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 precise plan, 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 an amendment or unclassified use permit or disapproving a precise plan, as provided in this Article, the City Council shall conduct a duly advertised public hearing on the matter, public notice of which shall be riven as provided in Arti- cle 10. SECTION 1:812: ADVERSE DECISION TO BE REFERRED TO THE PLANNING COMu2ISSION- If the City Council proposes an action that is in any way contrary to the recommendations of the Planning Com- mission, it shall, beforefinal action is taken refer its findings to the Planning Commission and request a further report of the Plan- ning Commission on the matter. Failure of the Planning Commission to reportto the City Council within forty (40) calendar days after reference may be deemed to be approval by the Planning Commission of any proposed change. SECTION 1813: CITY COUNCIL TO ANNOUNCE FINDINGS AND DE- CISION BY RESOLUTION. The City Council shall announce its findings and decision by formal resolution not more than forty (40) calendar days following the termination of proceedings of t1he hearinsr, or - s � - 3 '5"9D +l y from receipt of the report from the Planning Commission when a matter has been referred back to the Planning Commission, and said resolution 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 the unclassified use permit or recom- mendation for the amendment or precise plan necessary to carry out the general purpose of this ordinance. SECTION 1814: DECISION OF THE CITY COUNCIL SHALL BE FINAL. The action by the City Council on the application for amend- ment, precise pla, or unclassified use permit shall be by a major- ity vote of the entire membership of the City Council and shall be final and conclusive. SECTION 1815: NOTICE OF DECISIOhT 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 approval of a precise plan, the granting; of an unclassified use permit, or denying an application or recommendation for an amend- ment, precise plan or unclassified 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 Planning Commission for permanent f ilin,';. ARTICLE 19 PROCEDURE, TIEARINGS, NOTICES AND FEES SECTION 1900: COIAUV�ISSION SHALL PRESCRIBE FORM OF APPLI- CATION BLANKS AND TYPE OF REQUIRED INFORMATION. The Planning Com- mision shall prescribe the form in which applications are made for changes in zone boundaries or classifications, for precise plans, or for variances, conditional use permits or unclassified use per- mits. It may prepare and provide blanks for such purpose and may prescribe the type of information to be provided in the application by the applicant. No application shall be accepted unless it com- plies with such requirements. - 87 - � JU SECTION 1901: ACCEPTAPILITY OF SIG �:;`i URES 01. APPLICA'i IC TS . If signatures of persons other than the owners of property makin- tr:e application are required or offered i.1 support of, or in oppo- sition to, an application, they may be received as evidence of no- tice having been served upon them of the pending application, or as evidence of their opinion on the pending issue, but they shall in no case infringe upon the free exercise of the powers vested in the City of El Segundo as represented by the Planning Commission ID and the City Council. SECTION 1902: APPLICATIONS A PART OF PERMANENT RECORD. Applications filed pursuant to this ordinance shall be numbered con- secutively in the order of their filing, and shall become a part of the permanent official records of the Planning Commission, and there shall be attached thereto and permanently filed therewith copies of all notices and actions with certificates and affidavits of postin7, mailin7 or publications pertainin-, thereto. SECTION, 1903: FILING FEES. The following fees shall be paid upon the filing of any application: (1) Reclassification, amendment or precise plan (2) Unclassified Use Permit ---------------- - - - - -- ;25.00 (3) Variance ------------------------------- - - - - -- X25.00 (4) Conditional Use Permit ----------------- - - - - -- p25.00 SECTION 1904: SETTING OF HEARINGS. All proposals for amending zone boundaries or classifications of property uses with- in such zones, or unclassified use permits, precise plans as they are defined by this ordinance, or the consideration of conditional use permits as provided in this ordinance, or variances shall be set by the Secretary of the Planning Commission for public hearing when such hearings are to be held before the Planning Commission, and by the Clerk of the City Council for hearings to be held before the City Council. The date of the hearing -s shall be not less than ten (10) calendar days nor more than forty (40) calendar days from the time of filing; of such verified application or the adoption of such resolution or the making; of a motion.