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Case 8:23-cv-00504 Document 1.-2 Filed 03/20/23 Page 5 of 18 Page ID #:53 ZOA No. 2022-07 -- Urgency Ordinance December 12, 2022 Page 4 state, or federal agency when located within 500 feet of public park, school, or a property used or zoned for residential purposes. To buttress this new amendment, staff also proposes to create a new Section 41-683.6 (Discontinuance of nonconforming noxious use) to require these types of businesses that do not have a CUP and are nonconforming to comply with development standards and CUP requirements when a business changes ownership, requires a new Certificate of Occupancy, or is in violation of any applicable federal, state, or local regulation for a period of sixty (60) consecutive days, receives three noncompliant notices, or is in violation for a total of ninety (90) days in a one year period. Professional, Business, and Administrative Office; Counseling Services; Medical Offices Chapter 41 of the SAMC currently does not provide a definition for "professional, business, and administrative office," and zoning districts where the use is permitted utilize inconsistent terminology. Staff is proposing to create a new Section 41-127.5 to define "professional, business, and administrative office" and to amend the uses permitted sections of various zoning districts where the use is permitted to utilize consistent terminology and provide clarity. Chapter 41 of the SAMC currently permits "counseling services" in the General Commercial (C2) zoning district subject to a CUP, but Chapter 41 does not provide a definition for the use. As such, businesses offering counseling services have attempted to operate in zoning districts where the use is not permitted under the impression that the use could be classified as a "professional, business, and administrative office" or a "medical office." To provide clarity to prospective businesses, staff is proposing to create a new Section 41-44,6 to define "counseling services." Chapter 41 of the SAMC currently does not provide a definition for "medical office," and zoning districts where the use is permitted utilize inconsistent terminology. The lack of a definition and utilization of inconsistent terminology, staff spends an inordinate amount of time providing members of the public and prospective business operators clarification on what business uses are categorized as a medical office and where the use is permitted. Staff is proposing to create a new Section 41-121 to define "medical office" and to amend the uses permitted sections of various zoning districts where the use is permitted to provide consistency in terminology and clarity. The amendments would also permit medical offices operated by government, government-subsidized, not-for-profit, or philanthropic entities subject to approval of a CUP. The above referenced definitions and amendment are needed to effectively carry out regulations and provide for their enforcement, without which the City would be in a precarious and untenable position when reviewing applications and making determinations to approve or deny a land use. City Council 39—4 12/20/2022