Item 20 - Second Reading of Zoning Ordinance Amendment (ZOA) No. 2024-02

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Ordinance No. NS-XXX Page 11 of 47 ii. Compatibility with Public Welfare. That such a continuance for a prescribed period of additional time is in the public interest and will be reasonably compatible with, and not detrimental to, the use of adjacent properties. B. Application Process for Continuance. Any application for a continuance of a noxious use or structure must be filed with the Planning Division no later than thirty (30) days following the service of a Notice of Termination and Order to comply, or within thirty (30) days following the continued termination date. An application for a continuance may be filed by the owner of the property, a person with a power of attorney from the owner of the property, or a lessee, if the terms of the lease permit the existing use. Fees shall be required in accordance with this Code. C. Determination by Executive Director of the Planning and Building Agency, or designee. Upon filing of a complete application, the Executive Director of the Planning and Building Agency, or designee, shall investigate the matter, give proper notice to the applicant, hold an administrative hearing and make a decision thereon based on the criteria set out in this Section and supported by written findings of fact within seventy-five (75) days from the date the application is filed, or within such extended period of time as may be mutually agreed upon by the applicant and the Executive Director of the Planning and Building Agency, or designee. The Executive Director of the Planning and Building Agency, or designee, may impose such conditions, including additional time extensions not to exceed two (2) additional years, as may be deemed necessary for the compatibility of such a noxious use with adjacent properties. D. Appeals. Appeals shall be filed in accordance with Chapter 3 of the Santa Ana Municipal Code. 4. Failure to Comply with Hearing Officer’s Determination. Failure to comply with the Hearing Officer’s determination to discontinue a noxious use or structure shall constitute a violation of this Chapter and is subject to fines and enforcement provisions of Sec. 1-8 of the SAMC. 5. Failure to Terminate Use at Conclusion of Amortization Period. The failure to terminate a noxious use at the conclusion of an approved amortization period shall be deemed a public nuisance in accordance with California Government Code, Section 38771. The City is hereby authorized to abate the nuisance in accordance with Chapter 17 of this Code or may pursue any alternative remedy to abate the use authorized by this Code or State law.