.010 Any person, firm, corporation, or other entity proposing to operate an Automotive-Sales Agency Office (Retail) shall first obtain a conditional use permit in compliance with Chapter 18.66 (Conditional Use Permits) and shall be subject to the following provisions. Any person, firm, corporation or other entity proposing to operate an Automotive–Sales Agency Office (Wholesale) that stores, displays or parks any vehicle being held as inventory at the premises where the business or establishment is proposed or established or within any portion of the legal property upon which the premises is located shall first obtain a minor conditional use permit (up to two vehicles) or a conditional use permit (three or more vehicles) in compliance with Chapter 18.66 (Conditional Use Permits) and shall be subject to the following provisions.
.0101 No flags or banners are permitted on a used motor vehicle offered for sale to a consumer, except for the display of a window sticker called the "Buyer's Guide" in compliance with the Federal Trade Commission's Trade Regulation Rule Concerning the Sale of Used Motor Vehicles (Part 455 of Title 16 of the Code of Federal Regulations).
.0102 Vehicular servicing, repair, detailing, rental and washing are not permitted in conjunction with an Automotive–Sales Agency Office.
.0103 The storage, display or parking of automobiles beyond the on-site display space authorized under the minor conditional use permit or the conditional use permit is prohibited. No person, firm, corporation, or other entity engaged in conducting or carrying on the business of an Automotive–Sales Agency Office (Retail) or an Automotive–Sales Agency Office (Wholesale) which is subject to this section shall store, display or park for such purposes any motor vehicle in his/her/its possession or under his/her/its control upon any public street or highway; provided, however, that the prohibition contained in this sentence shall not apply to any motor vehicle registered in the name of such person, firm, corporation, or other entity or to any motor vehicle for which an application and fee for registration in the name of such person, firm, corporation, or other entity has been filed with the California Department of Motor Vehicles as long as the motor vehicle is not for sale by the owner of the business.
.020 Prohibited Uses. Automotive–Sales Agency Offices (Retail) and Automotive–Sales Agency Offices (Wholesale) that store, display or park any vehicle being held as inventory at the premises where the business or establishment is proposed or established or within any portion of the legal property upon which the premises is located, are prohibited within industrial zones that do not allow offices as a permitted primary use, unless a conditional use permit is obtained in compliance with Chapter 18.66.
.030 Continuance of Nonconforming Rights.
.0301 Purpose. It is the purpose and object of this subsection to establish a review process for the maintenance and operation of Automotive–Sales Agency Offices (Retail) and Automotive–Sales Agency Offices (Wholesale) that store, display or park any vehicle being held as inventory at the premises where the business or establishment is proposed or established or within any portion of the legal property upon which the premises is located. Because of changes in the City’s Zoning Code, such Automotive–Sales Agency Offices (Retail) and Automotive–Sales Agency Offices (Wholesale) that were established in compliance with applicable regulations at the time of their development no longer comply with existing regulations.
.031 General Rules for Previously Conforming Uses. The following general rules apply to all Automotive–Sales Agency Offices (Retail) and Automotive–Sales Agency Offices (Wholesale), defined in Subsection .010 of this Section 18.38.065, existing as of October 4, 2013:
(i) Said uses must have been established in compliance with all permit requirements and must have been lawful until a change in the applicable regulations of the Zoning Code made the use non-conforming.
(ii) The property owner or person asserting rights for said use has the burden to provide the Planning Director with sufficient documentation to establish the existence of the previously conforming use.
(iii) Said use that complies with the provisions of this Section may continue to exist and operate for the amortization period specified herein below.
.032 Abandonment of Previously Conforming Uses.
(i) An Automotive-Sales Agency Office (Retail) and an Automotive–Sales Agency Office (Wholesale), as defined in Subsection .010 of this Section 18.38.065, may continue to operate or may resume operations if discontinued for a period of less than sixty (60) consecutive days.
(ii) It is unlawful to reinstate any Automotive–Sales Agency Office (Retail) or an Automotive–Sales Agency Office (Wholesale), as defined in Subsection .010 of this Section 18.38.065, after the use has been discontinued for a period of sixty (60) consecutive days. Discontinuance of the use for a period of sixty (60) days or more creates a presumption in favor of abandonment, against which the owner or person asserting rights to the continued use may offer evidence.
(iii) If an Automotive–Sales Agency Office (Retail) or an Automotive–Sales Agency Office (Wholesale), as defined in Subsection .010 of this Section 18.38.065, is discontinued temporarily while repairs, remodeling, or major alterations of the structure in which the use is located are under construction, maintenance of an active construction permit and continuance of the Business License constitutes conclusive evidence that the use has not been abandoned during the construction.
.033 Amortization Period.
(i) An Automotive–Sales Agency Office (Retail) and an Automotive–Sales Agency Office (Wholesale), as defined in Subsection .010 of this Section 18.38.065, existing on October 4, 2013 may be continued, as specified below:
(2) If an Automotive–Sales Agency Office (Retail) or an Automotive–Sales Agency Office (Wholesale), as defined in Subsection .010 of this Section 18.38.065, is subject to a written lease, entered into prior to October 4, 2013, then an Automotive–Sales Agency Office (Retail) or an Automotive–Sales Agency Office (Wholesale) may continue until no later than July 1, 2015; or
(3) If an Automotive–Sales Agency Office (Retail) or an Automotive–Sales Agency Office (Wholesale), as defined in Subsection .010 of this Section 18.38.065, invokes the investment of money in real property, improvements, or stocks in trade such that a termination date beyond July 1, 2015 is necessary to prevent undue financial hardship, then it may be continued until July 1, 2016.
(ii) To apply for an extension of time, an applicant shall file an application with the Planning Director, on a form provided by the Planning Department, identifying the present location of the Automotive–Sales Agency Office (Retail) or the Automotive–Sales Agency Office (Wholesale), as defined in Subsection .010 of this Section 18.38.065, and accompanied by data supporting the extension request and any fee provided for by resolution of the City Council. An extension shall be approved if it meets the requirements of subparagraph (i), above.
(1) a decision shall be made within thirty (30) days from the date of filing. This time limit may be extended by mutual written consent of the applicant and the Planning Director.
(2) An appeal from the determination of the Planning Director on whether a proposed exception meets the requirements of subparagraph (i) may be taken to the Planning Commission in the same manner as prescribed in Section 18.60.135. The Planning Commission’s decision shall be final.
(3) If the Planning Director or, upon appeal, the Planning Commission disapproves an extension, then it shall make findings of fact showing how the proposed extension fails to meet the requirements of subparagraph (i), above.
(Ord. 6101 § 27; April 22, 2008: Ord. 6286 § 17; September 3, 2013: Ord. 6351 § 20; December 15, 2015: Ord. 6432 § 29; April 10, 2018.)