§ 9182.46. Site Development Nonconformities - Nonconformity for Use or Storage of…

Any existing use that was lawfully established as a permitted use but which uses or stores hazardous materials or CalARP regulated substances (as such terms are defined in CMC § 9141.1 ) in a manner that is designated as a prohibited use by CMC § 9141.1 as amended by Ordinance No. 21-2120, is deemed nonconforming under this division if such an existing use fails to apply for and obtain a Director-approved permit under this Section within sixty (60) days of the date Ordinance No. 21-2120 goes into effect ("application deadline"). The Director-approved permit will allow such a use to continue to operate and become exempt from the nonconforming use regulations of the City's zoning ordinance notwithstanding the regulations of CMC § 9141.1 pertaining to CalARP regulated substances and hazardous materials without starting the clock on the applicable amortization period for the use to be terminated or made conforming, effectively freezing the running of the amortization period while the Director-approved permit is in effect. Put another way, the applicable amortization period for the use to be terminated or made conforming shall commence on the date of the missed application deadline. The Director-approved permit will be deemed effective as of the date of submission of the completed application, as determined by the Director. However, failure to timely submit a completed application will not preclude the existing use from later applying for and obtaining the Director-approved permit to avail the existing use of the exemption, provided a completed application is submitted before expiration of the applicable amortization period. Also, if the Director-approved permit ever lapses and the permittee does not timely reapply in conformance with this Section, the remaining amortization period will commence running from the date of the missed reapplication deadline. The applicable amortization period will freeze during all periods for which a Director-approved permit is in effect, inclusive of any permits issued on an aggregate basis pursuant to this Section. Applications for the Director permits must be submitted on a Director-approved application form for approval, must be accompanied by payment of an application fee in the amount determined by resolution of the City Council, and will require applicants to do the following:

which a Director-approved permit is in effect, inclusive of any permits issued on an aggregate basis pursuant to this Section. Applications for the Director permits must be submitted on a Director-approved application form for approval, must be accompanied by payment of an application fee in the amount determined by resolution of the City Council, and will require applicants to do the following:

• (A) File a certification with City, concurrently with application submission, under penalty of perjury, (i) stating whether the applicant's land use possesses or uses, or will possess or use, hazardous materials or CalARP regulated substances, and for what purpose, (ii) itemizing the specific types of hazardous materials or CalARP regulated substances that will or may be possessed or used, specifying the quantities (both then-current quantities and anticipated maximum quantities) that will or may be possessed or used at any given time, both on an itemized basis and cumulatively, and (iii) reporting any outstanding violations of State Unified Program regulations and the status of efforts or measures taken to correct same. If at any time any information specified in the certification becomes outdated or is no longer accurate, applicant

must submit, within thirty (30) days after learning that the information is no longer accurate, an addendum to the application which includes and certifies the corrected/updated information; and

• (B) Agree to allow a City inspector to (i) inspect the premises of the land use at least once per year for compliance with this code, including this Section and the Director-approved permit (including the most recent certification on file with the City for the use as of the date of the inspection), and (ii) submit reports of such inspection to the Certified Unified Program Agency having jurisdiction in the City (the Los Angeles County Fire Department, Health Hazardous Materials Division (CUPA)) when the inspector finds any suspected violations of CalARP or other State Unified Program regulations identified during the inspections.

with the City for the use as of the date of the inspection), and (ii) submit reports of such inspection to the Certified Unified Program Agency having jurisdiction in the City (the Los Angeles County Fire Department, Health Hazardous Materials Division (CUPA)) when the inspector finds any suspected violations of CalARP or other State Unified Program regulations identified during the inspections.

The Director shall approve applications for Director-approved permits pursuant to this Section upon confirmation that they comply with subsections (A) and (B) of this Section, but if the applicant at any point fails or refuses to submit any required certification addendum or to submit to any of the annual inspections or reports, the Director-approved permit shall be deemed automatically lapsed without any City action or hearing needed, provided only that the Director notifies the applicant of the lapse in permit. If the permit lapses, the applicant may reapply for the permit by no later than sixty (60) days of receipt of the Director's notice of lapse; however, the applicant or use shall be allowed to apply or reapply for a Director-approved permit pursuant to this Section a maximum of three (3) times. Notwithstanding anything else, if at any time the information contained in any application or addendum pursuant to this Section is determined by the Director to have been falsified or to be fraudulent, then upon notice from the Director, the applicant shall be automatically and permanently ineligible to receive any Director-approved permit pursuant to this Section, and any already-issued Director-approved permit pursuant to this Section shall automatically be deemed null and void effective retroactively as of the date of submission of the falsified or fraudulent application or addendum.

(Ord. 21-2120 § 3(B))