ABANDONMENT OF LEGAL NONCONFORMING USE
9103-9115 ARTESIA BLVD.
January 12, 2023 City Council Meeting
1 9103-9115 Artesia Blvd. – “Property”
2 Automobile Sales
Automobile Repair Center
Automobile Repair Shop
Abandoned in or around 2016
Never established on the property
Nonconformity Abatement Issued – No longer allowed
Not allowed unless CUP is obtained
Continuous use on the property
Allowed*
3 Background
July 21, 2022 - Notice of Nonconformity Abatement issued August 23, 2022 – Owner, Eitan Sharaf, filed an appeal
November 7, 2022 – Planning Commission appeal hearing - Planning Commission adopted Resolution 22-16, which denied the appeal of Nonconformity Abatement November 16, 2022 - Owner timely filed appeal to City Council for today’s hearing Appeal De Novo – fresh review of appeal of Notice of
Nonconformity
4 Contentions at Issue
Whether auto sales (new or used) is permitted as a legal nonconforming use or has been lost by abandonment.
Whether an auto repair center is permitted as a legal nonconforming use or has been lost by abandonment.
Uses for a uto storage and trucking yard/storage, as stated in Nonconformity Letter, do not have any known history and are not considered to have ever had legal non-conforming status.
5 Law on Legal Nonconforming Use
Legal non-conforming uses “are land uses, structures, and parcels within the City that were lawfully established, constructed, or subdivided before the adoption or amendment of this Code, but which would be prohibited, regulated, or restricted differently under the current terms of this Code or its amendments.” (BMC § 17.92.010.)
A legal non-conforming use need not comply with zoning restrictions on uses. “A nonconforming use that is voluntarily discontinued or ceases operations for a continuous period of one hundred eighty (180) days or more cannot be re-established on the site. “ Known as “Abandonment.” (BMC § 17.92.110.)
6 Nonconforming Use Must Be Otherwise Lawful
It is generally held that a zoning ordinance may not operate to immediately suppress or remove from a particular district an otherwise lawful business or use already established therein.
City of Los Angeles v. Gage (1954) 127 Cal. App. 2d 442, 454.
Scrutton v. Sacramento Cnty. (1969)275 Cal. App. 2d 412, 420.
Accordingly, a use that is not otherwise operating lawfully does not maintain its legal nonconforming status.
7 Nonconforming Use Must Be Lawful
Must have all required California State Licensing
and City of Bellflower Business Licensing
Auto Repair – California Department of Consumer Affairs – Bureau of Auto Repair Issued to business/person
Auto Dealer – California Department of Motor Vehicles – Occupational Licensing Issued to business/person and location
Business License – City of Bellflower
5.16.020 Business License Required.
Prior to engaging in the operation of the business described in Section 5.16.010, all such businesses shall have a valid business license issued by the City. Such businesses now lawfully licensed shall be required, as a condition of renewal of said license, to obtain a permit as hereinafter required.
8 Businesses at Property
9 Bureau of Automotive Repair - Licensing
10 Get Around Auto Sale / Cadillac Head Gasket Fix
Cornelius Chambers - Owner
Testified at Nov. 7, 2022 Planning Commission meeting
“I would say it was from about definitely 2016, well to me personally I felt like maybe 2015 to like maybe 2018-19. There were really no car sales for me.”
“About that time (2016) and for the next 3 or 4 years there were no sales.
No auto sales whatsoever.”
11 12
13 Recommendation
1. Open the public hearing; take testimonial and documentary evidence; and after consider the evidence, adopt Resolution No. 22-02 denying the appeal; or
2. Alternatively, discuss and take other action related to this item.
14 ABANDONMENT OF LEGAL NONCONFORMING USE
9103-9115 ARTESIA BLVD.
January 12, 2023 City Council Meeting
15