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<br />Ordinance No. NS-XXX <br />Page 7 of 49 <br />C. Three noncompliant notices from a Federal, State, or local regulatory <br />agency relating to or arising from the nonconforming use are sent in <br />a one-year period. <br /> <br />3. For the purpose of this subsection 5(a)(2): <br /> <br />A. The thirty (30) consecutive day time period shall be measured <br />from the date of the first observed and documented violation. <br /> <br />B. A one-year period shall be the twelve (12) consecutive months of <br />time preceding the sixtieth (60th) day of total violations; or the <br />twelve (12) consecutive months of time preceding the issuance <br />of the third (3rd) noncompliant notice. <br /> <br />C. Local regulations mean the SAMC, including, but not limited to, <br />the operational standards contained in Section 41-2009 of this <br />Article. <br /> <br />D. A local regulatory agency includes the City, County of Orange, <br />special districts, or any other local government agency charged <br />with regulating noxious uses. <br /> <br />E. Noncompliant notices may include, but are not limited to, Notice <br />to Comply and Notice of Violation as issued by the South Coast <br />Air Quality Management District (SCAQMD), Department of Toxic <br />Substances Control (DTSC), California Environmental Protection <br />Agency (CalEPA), Certified Unified Program Agency (CUPA), <br />and Santa Ana Regional Water Quality Control Board <br />(SARWQB). <br /> <br />(6) Elimination of Nonconforming Uses and Structures. <br /> <br />a. Elimination of Nonconforming Uses and Structures, Generally. <br /> <br />1. The City Council has determined that elimination of nonconforming uses <br />and structures by amortization may be considered based upon one or <br />more of the following factors: <br /> <br />A. The threat to the public health, safety, and welfare posed by the <br />continuance of the nonconforming use or structure; <br /> <br />B. Adaptability of the land and improvements to a currently permitted <br />use; <br /> <br />C. Compatibility with the existing land use patterns and densities of <br />the surrounding neighborhood; <br />   <br />Planning Commission 1 – 19 3/6/2025 <br />