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City Council Meeting 7-24-01
Santa Monica, California
ORDINANCE NUMBER 2..O.l.3.-LCCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SECTIONS 9.04.18.040 OF THE SANTA MONICA MUNICIPAL
CODE TO ALLOW EXISTING NONCONFORMING COMMERCIAL AND
INDUSTRIAL USES TO CONTINUE THROUGH THE EXTENSION OR
RENEWAL OF A CONDITIONAL USE PERMIT OR USE PERMIT
WHEREAS, Santa Monica Municipal Code Section 9.04.18.040(h) provides that if
a conditional use permit for an existing commerciai or industriai use in a residential district
establishes a specific termination date, the nonconforming commercial or industrial use
shall be discontinued or removed or altered to conform to the Zoning Ordinance when the
conditional use permit terminates; and
WHEREAS, the proposed text amendment would allow the extension or renewal of
conditional use permits or use permits of limited duration authorizing the continued
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subject to the foHowing: (i) the use has been in continuous operation since the adoption
of the Zoning Ordinance, (ii) there will be no change, expansion or intensification of the
use, and (iii) the findings established in Section 9.04.20.12.040 (conditional use permit)
or Section 9.04.20.11.040 (use permit) can be made; and
WHEREAS, on September 30, 1998, Smith Pipe & Supply Company filed an
application for a text amendment substantively the same as the proposed text amendment
and an application for a conditional use permit renewing its earlier conditional use permit
at 1549 Twelfth Street; and
WHEREAS, the Planning Commission considered the proposed text amendment
and conditional use permit renewal at public hearings conducted on three separate
occasions, January 20, 1999, December 13, 2000, and March 21,2001; and
WHEREAS, the Planning Commission recommended approval of this request as
modified by staff; and
WHEREAS, the City Council held a public hearing on this proposed Zoning
Ordinance Text Amendments on July 10, 2001; and
WHEREAS, the proposed amendments are consistent in principle with the goals,
objectives. policies, land uses, and programs specified in the adopted General Plan, in that
Land Use Objective 1.2 establishes the goal of ensuring compatibility of adjacent land
uses, with particular concern for protection of residential neighborhoods and that Land Use
Objective 3.2 establishes the goal of protecting the scale and character of residential
neighborhoods adjacent to commercial areas; and
WHEREAS, the text amendment establishes a public process utilizing the
conditional use permit or use permit procedure to allow for case-by-case evaluation ofthe
individual circumstances of the use and allows new conditions of approval to be imposed
when conditional use permits or use permits are renewed if such conditions are warranted
to ensure that residential uses are protected and that the commercial or industrial use's
operation is sufficiently regulated to ensure compatibility with the residential district; and42
WHEREAS, the City Council finds and declares that the public health, safety and
general welfare require the adoption of the proposed amendments in that the text
amendment allowances for the continuation for nonconforming uses are consistent with
Municipal Code Section 9.04.18.030 since conditional use permits and use permits may
only be granted in cases where the nonconforming use existed prior to the implementation
of the Zoning Ordinance and no physical changes to the building or intensification of uses
are proposed. The proposed text amendment also allows for new conditions to be added
when a conditional use permit or use permit is renewed or extended in order to ensure that
the use remains compatible over time with adjacent residential uses.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Santa Monica Municipal Code Section 9.04.08.12.020 is hereby
amended to read as follows:
9.04.18.040Termination of nonconforming buildings and uses.
Nonconforming commercial or industrial buildings and uses in the R1,
R2, R2R, R3, R4, RVC, OP-1, OP-2, OP-3. OP-4 and OP-Duplex Districts
shall be discontinued and removed or altered to conform to the provisions of
this Chapter within the following time limits from the effective date of the
ordinance codified in this Chapter:
(a) A nonconforming use which does not occupy a structure, other
than those uses listed below: one year.
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(b) All buildings on the property used as a part of a business
conducted on the property, except as provided below: twenty years. This
subsection does not require the removal of nonconforming buildings if the
use occupying the building is authorized in the zoning district or overlay
district in which the building is located, either as a permitted use, a
conditionally permitted use, a use subject to a performance standards permit,
or a use subject to a use permit.
(c) Vehicle sales, service, storage and repair buildings and uses shall
be permitted to remain provided:
(1) The vehicle sales, service, repair and storage buildings are not
expanded as provided in Section 9.04.18.020 and the use is not intensified
as provided in Section 9.04.18.030.
(2) The commercial parcel supported by the vehicle sales, service,
repair and storage buildings is not redeveloped for another use.
(d) Automobile storage lots which are used for short or long-term
parking of vehicles for sale or lease at an off-site or on-site automobile
dealership or for service or repair at an on-site automobile dealership shall
be permitted to remain provided:
(1) The automobile storage lot is not expanded or enlarged.
(2) The commercial parcel supported by the automobile storage lot is
not redeveloped for another use.
(e) Parking lots on residential zoned parcels shall be permitted to
remain provided:
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(1) The commercial parcel supported by the residential parking lot is
not redeveloped for another use.
(2) The lot remains as a surface level parking lot.
(3) The use or uses existing on the commercial parcel supported by
the residential parking lot do not change. For purposes of this requirement,
a change of use shall be defined as any new use which requires more
intense parking standards than exists on the effective date of the ordinance
codified in this Chapter.
(4) The square footage of the existing commercial building on the
commercial parcel is not added to or enlarged beyond fifty percent of the
floor area existing on the effective date of said Chapter.
(5) The required parking for any new addition or expansion under fifty
percent is not located on the residentially zoned parking lot. A parking lot on
a residentially zoned parcel shall revert to residential use when one or more
of the above conditions are not met.
(f) Existing commercial or industrial uses in residential districts with
valid conditional use permits that do not contain time limits, except as
otherwise provided in this Section: five years.
The Planning Commission may extend the five-year period, but in no
case more than ten years, provided the applicant demonstrates that
exceptional circumstances prevented the termination of the use. A public
hearing shall be conducted in accordance with the provisions for conditional
use permits in Part 9.04.20.22.
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(g) Existing general office, medical office and neighborhood-serving
buildings and uses in existence as of 1982 shall be allowed to remain
provided the building is not expanded as provided in Section 9.04.18.020
and the use is not intensified as provided in Section 9.04.18.030.
(h) Notwithstanding any other provision of this Section, if a cond itional
use permit or a use permit for an existing commercial or industrial use in a
residential district has a specific time period that such conditional use
terminates, the use shall terminate pursuant to the permit and not this
Section. A limited duration conditional use permit or use permit may be
extended or renewed, whether or not the conditional use permit or use permit
has already expired, upon a showing that: (i) the use has been in continuous
operation since the effective date of the Zoning Ordinance (September 8,
1988), (ii) there will be no change, expansion or intensification of the use,
and (iii) all the findings of fact established in Section 9.04.20.12.040
(conditional use permit) or Section 9.04.20.11.040 (use permit) can be made
in an affirmative manner. Before extending or renewing a conditional use
permit or use permit, a public hearing shall be conducted in accordance with
Part 9.04.20.22. The Planning Commission (or City Council on appeal) may
approve, conditionally approve, or deny such an extension or renewal
application, in whole or in part. The Planning Commission (or City Council
on appeal) may impose such conditions as may be deemed necessary to
protect the public health, safety, and general welfare and secure the
objectives of the General Plan, including conditions designed to insure
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compatibility of the existing commercial or industrial use with neighboring
residential uses. Notwithstanding the granting of an extension or renewal
of a conditional use permit or use permit, the commercial or industrial use
shall remain a legal nonconforming use subject to Section 9.04.18.030, and
as a nonconforming use, it shall be permitted to continue only so long as the
use remains substantially the same type of use as the use of the property on
the effective date ofthe Zoning Ordinance and the basic operational features
of the use and its impact on the neighborhood are not altered.
SECTION 2. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary to
effect the provisions of this Ordinance.
SECTION 3. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court
of competent jurisdiction, such decision shall not affect the validity of the remaining
portions ofthis Ordinance. The City Council hereby declares that it would have passed this
Ordinance and each and every section, subsection, sentence, clause, or phrase not
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declared invalid or unconstitutional without regard to whether any portion of the ordinance
would be subsequently declared invalid or unconstitutional.
SECTION 4. The Mayor shall sign and the City Clerk shall attest to the passage of
this Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within 15 days after its adoption. This Ordinance shall become effective thirty
days after its adoption.
APPROVED AS TO FORM:
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Adopted and approved this 24th day of July, 2001.... . 7 /.. --
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Michael 'Feinstein /Mayor
,
State of California )
County of Los Angeles) ss.
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2013 (CCS) had it's introduction on July 10, 2001 and was
adopted at the Santa Monica City Council meeting held on July 24, 2001, by the
following vote:
Ayes:
Council members: Holbrook, O'Connor, McKeown, Genser, Katz, Mayor Pro
Tem Bloom, Mayor Feinstein
Noes:
Council members: None
Abstain: Council members: None
Absent: Council members: None
ATTEST:
~~.~.~
Maria M. Stewart, City Clerk