SR-8A (4)
peD SF KG PF
f \plan\share\councll\strpt\noncon wpd
Council Meeting May 12, 1998
lfJ.4F 11~1 G(% f)-A
r ~(ulJitfr lS
(2~W-J.tt1 g-"-(t'f. -Q~) MAY t 2198
8'0
Santa Monrca, Callfornra
TO Mayor and City Council
FROM City Staff
SUBJECT Recommendatron to Introduce for First Reading an Ordinance Amending
Section 9 04 18 030 and Section 9 04 18 040 of Article IX of the Santa
Monica Municipal Code to Clarrfy the Definition of A Legal Nonconforming
Use and to Allow for the Continued Use of Legal Non-Conforming BUildings
and Property
INTRODUCTION
This report recommends that the City Council Introduce for first reading an ordinance to
amend Secttons 9 04.18 030 and 9 04 18 040 of ArtIcle IX of the Santa MOOlca Municipal
Code to clanfy the defInition of a legal nonconforming use and to allow eXistIng automobIle
dealerships and office developments. medIcal uses and neighborhood-serving commercial
uses In eXistence as of 1982 to continue to use bUIldings and property which are located
on reSidentially-zoned parcels On September 18. 1996 the Plannrng CommIssion voted
7 -0 to recommend that the CIty Council adopt the proposed amendment relating to auto
dealershIps and on Apnl22, 1998 the Planning CommIssion voted 6-0 to recommend that
the CIty Council adopt the proposed amendment to clarrfy the nonconforming use deflnltton
and to allow certain eXIsting commercial uses to remain on reSIdentially zoned parcels
The proposed ordInance IS contained In Attachment A
1
<?-A
MAY f 2 8J8
BACKGROUND
In 1995, the City Council directed staff to work with the City's automobIle dealership
representatives to examine Zomng Ordinance regulations associated With eXisting
dealerships In the C4 and C6 zones City staff attended a senes of meetings With the
Automobile Dealer Task Force of the Chamber of Commerce to diSCUSS a number of
Issues, Including development standards for auto dealerships and the status of legal
nonconforming dealership bUildings and uses Dealership representatives were particularly
concerned With the Zoning Ordinance limitations regarding legal nonconforming dealership
bUildings and uses located on reSidentially-zoned parcels Current ZOning Ordinance
standards required that nonconforming vehicle sales and storage lots be removed Within
five years of the Zoning Ordinance adoption, by 1993 In accordance With the ZOning
Ordinance, all other nonconforming commercial bUildings on reSidentially zoned parcels
must be modified to conform to the prOVISions of the residential zoning district In whIch
they are located by 2008 Although thiS prOVISion does not become effective for ten years,
the dealership owners have stated that It has become difficult to secure finanCing for their
eXlstmg operations Attachment B shows 22 reSIdentially zoned sites which are currently
used by automobile dealerships The majority of these sites are surface parking lots used
for vehicle Inventory storage or for vehicles awaiting servIce at dealerships located along
Santa Monica Boulevard Fewer than half of these sites have bUildings or portions of
bUildings on them
Additionally, City staff has analyzed sites throughout the City where commercial bUIldings
2
are located on residentially zoned parcels In addition to the automobile dealership sites,
there are ten other commercial uses withIn the City that are located either partially or
completely on resIdentially-zoned parcels (Attachment C) These uses Include three major
offIce developments where only a portion of the bUildings are located on residentially
zoned land, a medIcal office bUilding, four neighborhood commercial uses, a tire service
store and an Edison sub-station Similar to the auto dealer locations, none of these
nonconforming uses are In compliance With current Code requirements Under current
standards, some of these uses should have been removed by 1993, and the remaining
nonconformmg bUIldings must be removed or altered to conform to Code by 2008
Finally, In January 1998, the City CounCil directed staff to revise the nonconforming use
definitIon to clarify the current practice, which has been to conSider as legal nonconforrmng
uses eXisting uses that are now either conditionally permitted, or permitted With a Use
Permit or a Performance Standards Permit but have yet to obtain such a permit
PROPOSED ORDINANCE ANALYSIS
Automobile Dealerships
The proposed ordinance would amend the Zoning Ordinance section that reqUires the
termmatlon of vehicle storage and vehicle sales lots located on reSidentially zoned
property As proposed, vehicle sales, serVice, storage, and repair bUildings and uses
located on reSidentially-zoned parcels would be allowed to remain prOVided these uses
and bUildings are not expanded or IntenSified In addition, auto dealerships could continue
3
to use residentially-zoned parcels for vehicle sales, service. repair and storage until such
tIme as the primary dealership located on the commercial parcef IS redeveloped to another
use The proposed ordinance would ensure that the auto dealerships would not be
displaced due to Zoning Ordinance limitations regarding legal nonconforming uses
The proposed ordinance IS consistent with Land Use Element Objective 1 6, which states
that the commercial corridors of the City should "Accommodate commercial uses which
serve regional, community, and local needs while respecting the adjacent residential
neIghborhoods" The proposed ordinance IS consIstent wIth thIS land use obJect/ve In that
It Will allow the eXisting legal nonconforming automobile dealership uses to remain, but not
be expanded to the detnment of the adjacent residential areas Further, Land Use Element
,
Policy 1 6 2 states that the City should "Encourage new and expanded automobile
dealership development on Santa MOnica Boulevard so that they may continue to prOVide
for the sales and service of automobiles and related activities" ThiS poliCY also calls for
standards that "ensure that automobile dealerships are not being displaced due to
InsufficJent expansIon potential or to other uses locatIng In the area" The proposed
ordinance results In the retention of the eXisting automobile dealerships, and further
ensures these establishments Will not be displaced due to the limitations of the City's
nonconforming use regulations
The Planning Commission recommended that the City Council approve an ordinance to
allow the automobile dealerships to continue to operate eXisting vehicle sales, service,
4
repair and storage facIlities that are located on residentially-zoned parcels These uses
would be allowed to remain provided that 1) the non-conforming buildmgs and uses are
not expanded or mtenslfled, and 2) the commercial parcel supported by the nonconforming
auto dealer related use IS not redeveloped for another use Additionally. since the Planning
Commission's consideration of the proposed ordinance amendment, staff has made minor
modifications to the text of the amendment for clanflcatlon and consistency purposes
Nel}1hborhood-Servlnq Commercial, General Office and Medical Uses
The proposed ordinance would also modify the termination of nonconforming bUildings and
uses section of the Code to allow eXisting general offIce, medical office and nelghborhood-
serving bulldmgs and uses m eXistence as of 1982 to remain, provided the use IS not
IntenSified and the bUilding IS not expanded There have been no commercial uses
approved on residentially zoned property sInce 1982
As previously stated] Land Use Element Objective 1 6 directs that City land use
regulations should "Accommodate commercial uses whIch serve regional, community, and
local needs while respecting the adjacent reSidential neighborhoods" Additionally, Land
Use Objective 1 7 requIres that the land use policies for the neighborhood commercial
areas "Protect and expand uses that provide for the day-to-day shopping and service
needs of nearby residents" Further, Policy 1 7 4 states that land use regulations should
"Encourage the retention of all full-service supermarkets" while Policy 1 7 6 states
"Encourage the retention of eXisting grocenes and food markets" The proposed ordinance
5
will allow for the retention of the office buildings and a medIcal bUilding as long as they are
neither expanded or Intensified This will enable these bUildings to continue to
accommodate regional and local needs while protecting the adjacent neighborhoods The
ordinance will also allow for the retention of neighborhood uses Including a supermarket,
two restaurants, a bakery and a pharmacy These are uses that sell a vanety of goods, and
directly serve the everyday needs of the surrounding community
The Planning Commission unanimously concurred With the ordinance amendment as
prepared by staff and recommended that City Council adopt the proposed ordinance
Definition of Leqal Nonconformlnq Use
The proposed modification to ZOning Ordinance Section 9 04 18 030 regarding the
defInition of a legal nonconformmg use c1anfles the current practice to conSider as legal
nonconforming uses, eXisting uses that are now either conditionally permitted, or permitted
With a Use PermIt or a Performance Standards Permit, but have yet to obtain such a
permit As a result, until the appropnate permit IS obtained, these uses are subject to a
number of operational limItations, IncludIng loss of the legal nonconforming status If the
use IS abandoned for more than one year, loss of the legal nonconformIng status If the use
IS converted to a conforming use, I1mltatlons that prohibit expansion of the legal
nonconforming use, and limitations that prohibit IntensIfication ofthe legal nonconforming
use
6
The proposed ordinance IS consistent with Land Use Element Objective 1 2 which states
that the City must "ensure compatibility of adjacent land uses, with particular concern for
protecting reSidential neighborhoods" The proposed ordinance clarifies the definition of
a legal nonconforming use and ensures that eXisting uses that have not obtained a
Conditional Use Permit, Use Permit, or Performance Standards Permit are stili conSidered
legal nonconforming As a result, these uses are subject to operational limitations
regarding abandonment, conversion to a conforming use, expansion, and Intensification,
thereby protecting adjacent land uses from any expansion and/or intensification of
nonconforming establishments
Conclusion
The proposed ordinance ensures that the eXisting auto dealerships located on residentially
zoned property may remain, prOVided there IS no expansion or IntensifIcation of the use
Additionally, the proposed ordinance clarifies eXisting practice regarding the definition of
a legal nonconforming use and allows eXisting general office, medIcal office and
neighborhood-serving commercial uses located on residentially zoned property since 1982
to remain, prOVided these uses are not expanded or intensified
CEQA STATUS
The text amendment contained In the proposed ordinance IS categorically exempt from the
provIsions of the California EnVironmental Quality Act (CEQA) pursuant to Class 5 of the
State GUidelines for the Implementation of CEQA The proposed ordinance contains minor
7
amendments to land use limitations which do not result In any changes In land use or
density
PUBLIC NOTIFICATION
Notice of the public heanng was published In the Argonaut at least ten days pnor to the
date of the Council hearing (Attachment F)
BUDGET/FINANCIAllMPACT
The proposed ordinance has no budget or financial Impacts
RECOMMENDATIONS
It IS recommended that the City Council hold a public hearing and Introduce the attached
ordinance for first reading
Prepared by
Suzanne Fnck. Director
Karen Ginsberg, Planning Manager
Amanda Schachter, Semor Planner
Paul Foley, ASSOCiate Planner
Attachments
A
B
C
o
E
Proposed Ordinance
Non-conforming bUildings and uses (auto dealers)
Non-conforming bUildings and uses (non-auto dealer)
Planning Commission minutes - September 18, 1996
Planning Commission staff report - April 22, 1998
8
F Public notice
9
ATTACHMENT A
lUlf.l ~ 10
PCD SF KG AS PF
f \plan\share\councll\ord\noncon ord
Council Mtg May 12, 1998 Santa Monica, California
ORDINANCE NUMBER (CCS)
(City CounCil Senes)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SECTION 904 18030 TO CLARIFY THE
DEFINITION OF A LEGAL NONCONFORMING USE AND SECTION 9 04 18 040 OF
ARTICLE IX OF THE SANTA MONICA MUNICIPAL CODE TO ALLOW FOR THE
CONTINUED USE OF NEIGHBORHOOD SERVING COMMERCIAL, GENERAL
OFFICE AND MEDICAL BUILDINGS AND USES LOCATED ON RESIDENTIALLY
ZONED PARCELS AS OF 1982 AND AUTOMOBILE DEALERSHIP BUILDINGS AND
USES WHICH ARE LOCATED ON RESIDENTIALLY ZONED PARCELS
WHEREAS, the City CounCil directed staff to work wIth the City's automobile
dealership representatives to examine ZOning Ordinance regulations associated WIth
eXisting and future dealerships, and
WHEREAS, the automobile dealership representatives were most concerned
With the prOVISion of the Zoning Ordinance which affects dealership bUIldings and uses
located on reSidentially-zoned parcels, and
WHEREAS, Zoning Ordmance Section 904 18040 requires that nonconforming
vehicle sales and storage lots be removed by 1993 and that all nonconforming auto
dealership bUildings on reSidentially zoned parcels be modified to conform to the prOVISions
of the residential zOning dlstnct In which they are located by 2008, and
Go- "" 1 1
WHEREAS, automobile dealerships are an Important segment of the busmess
community In Santa Momca. providing employmentopportumtles and auto-related seIVlces
to the public and tax revenue to the City, and
WHEREAS, City staff has Identified legal non-conforming neighborhood-serving
commercial, general office, and medical bUildings and uses which are located In residential
zoning districts which are also subject to the provIsions of Section 904 18040 of the
Comprehensive land Use and Zonmg Ordmance which would require that these bUlldmgs
and uses be dlscontmued and removed or altered to conform to the prOVIsions of the
Zoning Ordinance, and
WHEREAS, these legal non-conformmg nelghborhood-servmg commercial, general
office and medical bUildings and uses are well established bUSinesses which proVide
valuable services to the community and.
WHEREAS, Section 904 18 030 of the Comprehensive land Use and Zomng
Ordinance establishes the definition of a legal nonconforming use and thiS proposed
amendment clarifies thiS definition and reflects eXisting City administrative practice
Currently, the City considers as legal nonconforming uses those uses which lawfully
eXisted on the effective date of the Zoning Ordmance but which are now only conditionally
permitted, or permitted With a Use Permit or a Performance Standards Permit and no such
permits have been obtained
2
~* 12
WHEREAS. the Planning Commission adopted a Resolution of Intention on July 17,
1996 giving notice of ItS Intention to conduct a public heanng to consider a
recommendation to amend the Zoning Ordinance to allow the continued operation of
eXisting legal nonconformmg auto dealership uses which are located rn reSidential zOning
dlstncts, and
WHEREAS, on September 18, 1996, the Planning Commission held a public
hearing on the proposed zOning text amendments and recommended that Section
9 04 18040 of Article IX of the Santa MOnica MUnicipal Code be modified to allow
automobile dealershIps to continue to utilize buildings and property for vehicle sales.
service. repair and storage which are located on residentially-zoned parcels, and
WHEREAS, the Planning CommIssion adopted a Resolution of Intention on March
25, 1998 giving notice of ItS intention to conduct a public heanng to consider a
recommendation to amend the Zoning Ordmance to clarify the definition of a legal
nonconformrng use and to allow eXisting legally non-conforming bUildings and properties
used for neighborhood servmg commercial, general office, and medical uses as of 1982
and which are located In reSidential zonrng districts to contrnue to be lawfully utilized
beyond the year 2008, and
WHEREAS. on April 22, 1998, the Plannmg Commission held a public hearmg on
the proposed zoning text amendments and recommended that Section 9 04 18 030 of
Article IX ofthe Santa Monica MUniCipal Code be modified to clanfy the definition of legal
3
"'~ ~ 13
nonconformmg use m the Code and to reflect the City's adm[nlstratlve practice In
[nterpretlng legal nonconformmg Issues and that Section 904 18040 be mod [fied to allow
neighborhood servmg commercial, general office, and medical bUlldmgs and uses In
eXistence as of 1982 which are located on res[dentlally-zoned parcels to continue to ut[lIze
such bUildings beyond the year 2008, and
WHEREAS, the City Council held a public heanng on the proposed Zonmg
Ordmance Text Amendment on May 12, 1998. and
WHEREAS, the City Council finds and declares that the proposed amendment [S
consistent In pnnclple with the goals. obJectives, policies, land uses. and programs
specrfied In the adopted General Plan. speCifically Land Use Element Objective 1 6 which
states that the commercial cOrridors of the City should "Accommodate commerc[al uses
which serve regional, community. and local needs while respecting the adjacent residential
neIghborhoods" The proposed text amendment IS consistent with this land use objective
In that the eXisting legal non-conformmg uses and bUildings for the nelghborhood-serv[ng
commercial, medical and general office uses and automobile dealers Will be allowed to
remam but not be expanded tO,the detnment of the adjacent res[dentlal areas Further,
Policy 1 6 2 states that City land use poliCies should "Encourage new and expanded
automobile dealership development on Santa Mon[ca Boulevard so that they may continue
to provide for the sales and service of automobiles and related act[Vltles " ThiS policy also
calls for development standards that "ensure that automobile dealerships are not being
displaced due to InsuffiCient expansion potentIal or to other uses locatmg In the area" The
4
"i t{",
14
proposed text amendment ensures that eXlstmg automobile dealerships will not be
displaced because of current non-conforming bUildings or land uses, ensurmg that Santa
MOnica residents and others are provided valuable automobile-related goods and services
Adjacent neighborhoods are not Impacted as the expansIon or Intensification of these legal
nonconforming uses IS not permitted
WHEREAS, the City Council finds and declares that the public health, safety and
general welfare req Ulres the adoption of the proposed Ordinance m order to clarify the
definition of a legal nonconformIng use to reflect the City's current admmlstratlve practice
of treatmg eXlstmg uses that have not obtained a Conditional Use Permit, Use Permit or
Performance Standards Permit as legal nonconformmg and, therefore, subject to
operational limitations regard Ing abandonment. conversion to a conformmg use, expansion
and mtenslficatlon In addition, the proposed ordmance Will remove the termination of use
requirement faced by a number of automobile dealerships, commercial bUlldmgs and land
uses located In reSidential zoning dlstncts to ensure the continued operation of automobile
dealerships bUildings and uses which proVide employment opportunities, automoblle-
related good and services to the public and tax revenue for the City, and to retain
neighborhood commercial uses that benefit the community and the contmued operation
of general office and medical office faCilities that have become established features In the
residential areas In which they are located
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS
5
~... v 15
SECTION 1 Section 9 04 18 030 IS amended to read as follows
9 04 18 030 Legal nonconforming uses
A legal nonconforming use IS aile a use which lawfully eXisted on the effective date of
the Chapter, but which IS not now permitted or conditionally permitted In the dlstnct In
which It IS located-, or which is now permitted by a Performance Standards Permit, Use
Permit or Conditional Use Permit but no such permits have been obtained. A legal,
nonconformmg use shall comply with the followmg provIsions
(a) Change of Ownership A change of ownership, tenancy, or management of a
nonconformmg use shall not affect Its status as a legal, nonconforming use
(b) Abandonment If a legal, nonconforming use ceases operation for a continuous
penod of one year or more. that use shall lose ItS legal. nonconforming status, and the
premises on which the nonconforming use took place shall from then on be used for
conformmg uses only Uses In a bUlldmg undergoing restoration or reconstruction shall be
exempt from this reqUirement provided the provIsions of Section 904 18 020(e) are
compiled with Uses dlscontmued due to an act of nature shall be exempt from this
requirement provided reconstructlon of the bUilding IS commenced wlthm one year of the
date the damage occurs and IS diligently completed
(de) Conversion to Conformmg Use If a nonconforming use IS converted to a
conformmg use, the nonconformmg use may not be resumed
(ed) Expansion of Nonconforming Use A nonconforming use of a bUlldmg or portion
of a bUilding that conforms to the development standards of this Chapter shall neither be
expanded mto any other portion of the bUilding nor changed except to a conforming use
The nonconforming use of land shall not be expanded or extended m area
6
",... 16
(fe) Intensification of Uses A nonconforming use shall not be permitted to change
In mode or character of operatIon A change In mode or character shall Include, but not be
limited to, extended hours of operation, substantial remodeling, or a change In number of
seats or the service area floor space for bars and restaurants
SECTION 2 Section 9 04 18 040 IS amended to read as follows
Section 9 04 18040 Termination of nonconforming bUildings and uses
Nonconforming commercial or Industnal bUildings and uses In the R1, R2, R2R, R3
R4, Ciiid RVC, OP-1, OP-2, OP-3, OP-4and 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 thiS Chapter
(a) A nonconforming use which does not occupy a structure, other than those uses
listed below one year
(b) All bUildings on the property used as a part of a business conducted on the
property, except as provrded below' twenty years ThIS subsection does not require the
removal of nonconforming bUildings If the use occupymg the bUilding IS authorized In the
zoning district or overlay district In which the burldlng 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
I.-"\. 'I_I.-._I~ _..L________ f.-..I._ .-.......... A.r_L...__l-. __1__ I_.L.- J:::..._ ._____
\"')VClllulv ~LVla::JC IUL~ allU VCllI....IC ~cnc;:llv\<:> IIVC ycelli:)
(c) Vehicle sales, service, storage and repair buildings and uses shall be permitted
to remain provided-
(1) The vehicle sates, service, repair and storage buildings are not expanded as
7
I." ." 1 7
provided in Section 9.04.18020 and the use is not intensified as providea in Section
9 04 18 030
(2) The commerCia parcel supported by the vehicle sales service repair and
storage bUildings is not redeveloped for another use
(d) Automobile storage lots which are used forshort or long-term parking of vehicles
for sale or lease alan off-site or on-site automobHerdealershlpor for service>or repair at
anon~slte automobHedealership shall be'permitted to remain provided'
(1) The automobile storage lot is not expanded or enlarged.
(2) The commercial parcel supported by th~ i"~5id~ittiCil pCii"kiiig lCitthe automobile
storage lot IS not redeveloped for another use
(de) Parking lots on residential zoned parcels shall be permitted to remam proVided
(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 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 thiS 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
8
~.. v 18
parcel shall revert to reSidential use when one or more ofthe above conditions are not met
(ef) EXisting commercial or Industrial uses In residential dlstncts with valid
conditional use permits that do not contain time limits. exeeplas piViiidedfoi al::ijj;je
otheJWise provided in this section five years
The Planning CommIssion may extend the five-year penod. but In no case more
than ten years, provided the applicant demonstrates that exceptional circumstances
prevented the termination ofthe use A public hearing shall be conducted In accordance
With the provISions for conditional use permits In part 9 04 20 22
(fg) Existing general office, medIcal office and neighborhood-serving bu~dlngs 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 prQvlded In
Section 904_18.030.
(g-h) NotWithstanding any other provIsion of this Section, If a condItional use permit
for an eXisting commercial or Industnal use In a reSIdential district has a specific time
period that such conditional use terminates, the conditional use permif shall terminate
pursuant to the permit and not this Section
SECTION 3 The amendment to the defInition of legal nonconforming use IS
declaratory of eXisting law
SECTION 4 Any proVIsion of the Santa MOnica MUnicipal Code or appendices
thereto inconsistent With the provIsions of this Ordinance, to the extent of such
9
~. ... 19
inCOnsistencies and no further, IS hereby repealed or modified to that extent necessary to
affect the prOVISions of thiS Ordinance
SECTION 5 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 Jurrsdlctlon, such deCISion shall not affect the validity of the remaining
portions of this Ordinance The City Council hereby declares that It would have passed thiS
Ordinance and each and every section, subsection, sentence. clause, or phrase not
declared invalid or unconstitutional Without regard to whether any portion of the ordmance
would be subsequently declared Invalid or unconstitutional
SECTION 6 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 wlthm 15 days after Its adoption ThiS Ordinance shall become effective 30
days from Its adoption
APPROVED AS TO FORM
~J,"~
MARSHA J~~S MOUTRIE
City Attorney
10
?Q
-", '16 &...,t
ATTACHMENT B
~ ~. - 2 1
NON-CONF.AND USES
d property
ed property
property
- --~
Santa Monica 81\
ATTACHMENT C
~'.... .... 23
()
I-
Z
w
::!
I
()
~
~
tf)
...J
W
()
0:::
<(
n..
o
w
Z
o
N
~
...J
<(
i=_
z-
W ~
o~
-I\)
tf) E
WE
0::: 0
Z 0
o ~
tf)"ai
WI\)
tf)"'C
::>0
(j)'S
t? ~
~ l5
o C
..J-
5
ID
t?
~
~
0:::
o
11..
Z
o
()
Z
o
z
I-
...J
::::J
m
0:::
<(
UJ
>
LllN....CO
t- co ,.... ....
0') 0) 0') CD
~ ..- or- """""
>Ci ClCl
1-- S:E
;;a;.=: .:JI:':'::
..::; JI:: i- '-
0::0 :; C) ~ ~ C)
n..EuuS:
u..---ccc-c
Z en -= t\l t\l -=
OC:::JOlCl:::J
Cf:clD!:;!:;al
z-= :E::E
0:1 ::i:;
z!:e. IDID
C)
z
z
o
N
<(M<(N
Mo:::Ma::
0:::3:0:::_3:
3:zMz
z e::::
>
u
z
<(
a..
:J
u
U
o
Q) ~
'- C
"aia:l ~g
05:::::1 :::J-
-c 0" '- ra -
I\)CI)ctl1ii~
u.. "ai ~ Q) Ul
('tI,-"CO:::ca
E -8 g .lI) a..
.E~t?ai~
-=.... or;c
('tI I!! .!'!:! ~
()- "ai>
u.. U
rn
rn
W
0::
C
C
<(
o
>
...J
OOOlD
>>>UJ
...J..J..JO:::
lDlDlDJ:
UJUJWtf)
a:::e::::o::::::::!
III~
u)u)U'JLll
...J...J...J....
~~~~
--
M.....OM
MO 0.....
N....NN
co
t-
CD
.....
Cl
C
~
:::J
al
~
0:::
r..i
r:t::
C'l
2
o
c
o
>
ro
U)
o
>
..J
m
<(
U
Z
o
::!
~
z
<(
(/J
It')
o
It')
N
o
t-
CD
..-
....
~("
C'l
r:::
~
ra
c.
"'C
c:
ra
Cl
c:
:g
:::J
m
C>
c:
.i::
'-
a:l
C.Cl
"'C s:
C-C
a:l-=
0):::::1
c:lD
:g
:::::I
m
N
a:::
N<(
e::::N
3:0:::
z3:
Z
Ci)
Q)
E
E
a:l
'-
G
-
c:
2
lI)1il
c1ii
0.0
- :::::I
:; lI)
a:l c:
a.. 0
lI)
-0
W
(j)
<(
e::::
<(
z
o
>
..J
m
o
()
0::
N
o
V
t"')
WW
>>
<(<(
<(<(
zz
~~
zz
00
:2~
00
NN
co 0')
(")
v
0)
('I)
t-
O')
OJ
S;
:g
:::::I
m
Cl
=
J2
:::J
m
C")
a::
3:
z
<(
C")
0::
3:
z
OJ
c:
:Q
~
.0
tij
o
i:i
I\)
::!
-
c:
ra
'-
:J
ra
Vi
OJ
0::
_lI)
Q)
a:l
or;
2
~
I-
W
W
r:t::
I-
U)
Cl
Z
N
t-
t"')
.....
....
I-
W
W
e::::
l-
f/)
o
e::::
t"')
t-
V
....
....
~J ~
'"
24
ATTACHMENT D
~.' ~ 25
Planning Commission
September 18, 1996
ChaIr Parlee asked for additional mformatlon regarding the provision that owner
occupatIOn is reqmred for applicatIOn for the deed restnctIon that allows that second urnt
Deputy City Attorney Strobel stated that the provls10n IS allowed by statute and that staff
will advise the CIty CouncIl that thiS condition may be vulnerable She also stated that the
City CouncIl wIll be given three optIOns for approval
5. APPROVAL OF MINUTES:
Minutes were not subnutted for approval
6. STATEMENTS OF OFFICIAL ACTION: Consent Calendar
Statements of OffiCIal Actlon were not submitted for approval
7. PUBLIC HEARINGS: Consent Calendar
8. PUBLIC HEARINGS:
A Zornng Text Amendment to Amend SectIOn 9 04 18040 of the Zorung Ordmance to
allow for the Contmued Use of Legal Non-Conformmg: BUlldmgs and Property by
AutomobIle Dealerships (planner Paul Foley)
Mr Foley gave the staff report
The followmg members of the public spoke
Chns Hardmg, representmg Santa Moruca Ford and the Chamber of
Commerce AutomobIle Dealer Task Force
Dan Ehrler, Executive Director of the Chamber of Commerce
Alan Parr, co-owner of Claude Short Dodge
CommISSioner Weremmk made a motIOn for approval
CommISSIOner Zmner seconded the mOtlon
Deputy City Attorney Strobel stated that a lme of text had been omitted from code
sectIOn 9 04 018 04 (b) ShOVo,l1 m Attachment B and should be noted and mcluded m
the motIon COmlTIlSSlOners Weremmk and Zmner agreed the omItted text should be
mcluded as part of the motIOn
Commissioner Moench asked staff when other Issues, such as landscaping, for
automobile dealership could be addressed Ms Fnck stated that the CommissIOn
can agendize a dISCUSSion on such matters, however she cautIOned the CommissIOn
that retroactive enforcement of such Issues IS drfficult to enforce
CommISSIOner Gruber commented on the CIty CouncIl's request for thIS item and
asked staff for the rationale behmd amendmg the 1988 Zoning Ordmance Ms Fnck
explained that the Zomng Ordmance is a hvmg document and has been evolving
smce It was approved In 1988 for a vanety of reasons
2
f..... :.,..
It
.') ,..
(
Planning Commission
September 18, 1996
The motlOn was approved by the followmg vote
AYES Bradley, Breisch, Gruber, Moench, Parlee, WereIllluk, Zmner
B Conditional Use Permit 96-010, Vanance No 96-027, 1547 Lincoln Boulevard,
Applicant Eri Kroch, Modification of existing CondItlOnal Use Permit No 92-040
to remove the reqUlrement for 12 off-SIte parkmg stalls for a commercIal bUlldmg
located at 1547 Lincoln Boulevard (Planner Donna Jerex)
Ms Jerex gave the staff report. wluch recommends dental
The applicant's representatIve, Kenneth Kutcher from the Law Office of Lawrence
and Hardmg, and the applIcant, En Kroch, were present to dIscuss the applicatlon
Commissioner Gruber asked If the frontage of the bUlldmg has a red curb Mr
Kutcher answered in the affirmatIve
CommISSioner Gruber asked how entry to the parkmg area IS made Mr Kutcher
stated that access IS through the alley
CommISSioner WeremlUk asked about Condition #2 from the Lawrence and Harding
letter dated September 17, 1996 Mr Kutcher explained that fees are charged for
use of the parlang area through the tenants lease agreements
Commissioner Zinner commented on the parkmg study subnntted by the applIcant
Tom Gaul ofKaku and Assoclates explamed the parking study he had conducted
Chair Parlee asked why the bUIld1Og's parkmg IS not utilized for ViSitors If, as the
study mdlcates, there are suffiCIent vacant parkmg spaces Mr Gaul stated his
assumptiOn that the spaces are assigned 1\.1r Kutcher stated that the parkmg spaces
are assigned and that street parkmg IS readIly aVailable
CommiSSiOner Zinner asked how many parkmg spaces could be put aSIde for ViSItor
parking Mr Kroch stated that It would be easIer to not assIgn parking spaces and
allow tenants and viSItors to park 10 available spaces, however he stated he would
abide by whatever declSlon the Commission makes
CommisSIOner WeremlUk asked how many spaces are currently leased by tenants
Mr Kroch stated that approxImately 24-26 spaces are currently leased and that
some tenants lease less spaces than are allowed for theIr office space
No requests to speak were submitted Chair Parlee closed the pubhc heanng
Commissioner Gruber commented on hIS imtlal perception of the Situation for these
two properties He suggested that the issue return to staff
Commissioner Bradley asked staff if demalls stIll recommended With the addItIOn of
the Lawrence and Hardmg condmons Ms Fnck stated that It would be difficult to
enforce the suggested conditIons She expla10ed the ramificatIons of approvmg the
parking vanance
3
... ~) 7
~'iI IjI:- -- 'l-J
ATTACHMENT E
~,...-- 2 8
CPD KG AS f\plan\share\pc\strpt\nonconf
Planning CommIssion Mtg Apnl 22, 1998
Santa Moruca, Cahforrua
TO
The Honorable Planmng CommIssion
FROM
Planning Staff
SUBJECT
Amendment to SectiOn 9 04 18030 of Article IX of the Santa Mornca Muruclpal
Code to Clanfy the Defimtlon of a Legal Nonconformmg Use and Amendment to
SectIon 904 18040 to Allow for the Continued Use of Legal Nonconforming
NeIghborhood ServIng CommercIal, General Office and MedIcal Office Butldmgs and
Uses Located on Residentially Zoned Parcels
ApplicabilIty City Wide
INTRODUCTION
Action Proposed IS the amendment of Section 9 04 18 030 to clanfy the definitIon of a legal
nonconforming use and amendment of SectIOn 9 04 18 040 to allow for the contInued use of legal
nonconformmg neighborhood servIng commerCIal, general office and medIcal office bUIldIngs and
uses located on residentIally zoned parcels
Recommendation Recommendation of approval to CIty CouncIl of the proposed text amendment
PermIt Streamhning Expiration Date Not apphcable
CEQA Status The proposed text amendment IS exempt from the provisions ofCEQA pursuant to
SectIOn 15061(b)(3) of the State GUIdelInes m that the amendment clanfies the eXlstmg definition of
a legal nonconformmg use and allows the contmued operatlon of liITIlted types of nonconforming
commercial uses located on resldentlally zoned parcels whIch would result m no slgruficant
environmental effect
Public NotIfication NotIce of the publtc heanng was publIshed m the newspaper as required by
Government Code Sectlon 65091 and SectIon 9 042022050 of the Zorung Ordmance at least 10
days prior to the heanng In additIon, notices were sent to all property owners of legal
nonconformmg neighborhood commercial, general office, and medIcal office bUlldmgs and to
property owners within 300' of these Sites
29
~J It'".: ...
ANALYSIS
Legal Nonconformmg Use DefimtIOn
The proposed modification to Zomng Ordmance SectIOn 9 04 18 030 regardmg the defimtion of a
legal nonconformmg use c1anfies the current practIce to consIder as legal nonconfonmng uses existing
uses that are now either condItIOnally permitted, or permitted wIth a Use Permit or a Performance
Standards PermIt, but have yet to obtam such a permit As a result, untd the appropnate permit is
obtaIned, these uses are subject to a number of operational lImltatIons, mcludmg loss of the legal
nonconforming status if the use IS abandoned for more than one year, loss of the legal nonconforming
status If the use IS converted to a conforming use, limItations that prohIbit expansIOn of the legal
nonconfornung use, and lImItatIons that prohIbit intensificatIOn of the legal nonconforming use
Nonconformin~ CommerCIal Use ofResidentJally Zoned Parcels
The Zorung Ordmance reqUires that eXlstmg condltlOnally permitted commercial or industrial uses
located m reSIdential distncts that do not have time hroIts assOCiated With the property's CUP
approval be dIscontinued wIthm five years of the Zomng Ordmance adoptIon, by 1993 Further, the
Zomng Ordmance reqUIres that all nonconforming commercial bUlldmgs and uses located on
residentially zoned property be removed by 2008 Currently, excludmg auto dealers, there are nine
reSIdential propertIes wlthm the City that are III commerCIal use (Attachment A) Of these, five
properties have Condittonal Use Penults that do not have time hrolts assOCIated With their approval
and, therefore, are not m complIance WIth Code reqUIrements The remammg four properties were
developed pnor to the CUP reqUirement for commerCIal use of resldentIal1y zoned land and, currently,
must be removed by 2008
Planning staff belIeves that the majority of these mne nonconforming uses provide neighborhood
servmg establishments, mcludmg a market, a drug store, a restaurant. and a bakery, to the
surroundmg commumty and should be retamed Addlt1onally, there are a few large office buIldings
where only a portion of the commerCIal structure IS located on resldentlally zoned property These
bUIldmgs are established neighborhood features and staff beheves It IS unrealistiC to require the
removal of these large structures
The proposed text amendment would allow general office, medical office and neighborhood serving
buddmgs and uses 10 existence as of 1982 to remaIn. proVided that the buildmgs are not expanded and
the uses are not mtenslfied There have been no commerCial uses approved on reSidentially zoned
property since 1982
ConclUSIOn
2
l.f ...
...
30
This amendment clanfies eXIstmg practice regardmg the defimtion of a legal nonconfonmng use and
allows existmg general office, medical office, and neIghborhood servmg commercial uses located on
residentIally zoned property since 1982 to rem am, provIded these uses are not expanded or
mtensIfied
RECOMMENDATION
It IS recommended that the Planmng ComnussIOn recommend to the CIty Council adoptiOn of the
proposed text amendment as contamed m Attachment B based upon the followmg findmgs
FINDINGS
1 The proposed text amendment IS consistent m pnnclple WIth the goals, objectives, poliCies,
land uses and programs speCIfied m the adopted General Plan m that Land Use Element
Objective 1 2 states that the City must "ensure compatIbIlity of adjacent land uses, WIth
particular concern for protectIng resIdential neighborhoods" and the proposed text
amendment would allow general office, medical office and neighborhood serving commerCIal
uses eXIstmg on reSidentially zoned property smce at least 1982 to remam provided the use
IS not expanded or mtensified, thereby ensunng that the adjacent reSidentIal neighborhoods
are not further Impacted by the eXIstIng commerCIal actlVlty AdditIonally, the proposed text
amendment clanfies the defirutIon of a legal nonconformmg use and ensures that eXIsting uses
that have not obtained a CondItIonal Use Permit, Use PermIt, or Performance Standards
Permit are st11l considered legal nonconformmg As a result, these uses are subject to
operatiOnal hnutations regarding abandonment, conversIOn to a confonmng use, expansion,
and mtensIficatIon, thereby protectmg adjacent land uses from any expanSIon and/or
intenSIficatiOn of nonconforming establIshments
2 The publIc health, safety, and general welfare reqUIre the adoptlOn of the proposed text
amendment In that the proposed amendment ensures the contmued operation of neighborhood
commercial uses that benefit the commumty and the contmued operatIon of general office and
medIcal office faclliues that have become establIshed features m the reSidential areas in whIch
they are located AddItionally, the proposed amendment clanfies the defimtlon of a legal
nonconformmg use and ensures that eXlstmg uses that have not obtained a CondltlOnal Use
Perrrut, Use Permit, or Performance Standards PerInJt are stIll considered legal
nonconforming and, therefore, subject to the operational lnmtatlOns regardIng abandonment,
converSIon to a conformmg use, expanSlOn, and lOtenslficatlOn
Prepared by Karen GInsberg, Planmng Manager
Amanda Schachter, Semor Planner
3
l>lI.-' ~ 3 ~
Attachments A
B
C
Paul Foley, Associate Planner
LIst ofNonconformmg BUlldmg and Uses In ResIdential Zorung Dlstncts
Proposed Text Amendment
PublIc Notice
4
32
ATT ACHMENT B
PROPOSED TEXT At\1E1\1)]vIENT TO NON-CONFORMING BUILDINGS AND USES
SECTION OF ZONING ORDIN&l\fCE
Deleted text approved by Plannmg ComnusslOn on September 18, 1996 m ~lf!k~-0ul fonnat
Auto dealers text In /tabcs approved by Plannmg CommIsSion on September 18, 1996
Proposed text m Bold
9 04 18 030 Legal nonconforming uses
A legal nonconforming use IS one which lawfully eXisted on the effective date of the Chapter,
but which IS not now permItted or condItIonally permitted In the dlstnct In which It is located;, or
which is now permitted by a Performance Standards Permit, Use Permit or Conditional
Use Permit but has not obtained such a permit. A legal, nonconfonnmg use shall comply WIth
the followmg proVlsIons
No Changes Proposed to Remamder of SectiOn
904 18040
Termmation of nonconforming bUIldmgs and uses
Nonconfornung commercial or mdustnal bUildings and uses m the Rl, R2, R2R, R3 R4,
iiiid RVC, OP-l, OP-2, OP-3, OP-4 and OP-Duplex DIStricts shall be dlscontmued and removed
or altered to conform to the proVISIOns ofthls Chapter wIthm the followmg tIme hmlts from the
effective date of thiS Chapter
(a) A nonconformmg use which does not occupy a structure, other than those uses
hsted below one year
(b) All bUildings on the property used as a part of a busmess conducted on the
property, except as prOVided below twenty years Tins subsectiOn does not reqUire the removal
of nonconforming bUildings If the use occupymg the bUilding IS authonzed m the zomng district or
overlay dIStnct In winch the bmldmg IS located, either as a permltted use, a conditiOnally
permitted use, a use subject to a performance standards permit, or a use subject to a use permit
l' _ "\. , 'T _ L. _ 1 _ _ L _ __ _ _ _ . _ L _ _ __...J _ _ _ 1_ _ _1 _ _ _ 1 _ _ . _ .... _ _ ~ _ _ _ _ _ _ _ _h
\""J V \;W""Il;; :lolUU:l!S\; IUl:lo auu \I\;m",,!\; :lOCUl;;:) IU~~ U\I\; Y\;CU:lo
(c) Vehicle sales, service, repmr bUlldmgs and uses on reSidentially-zoned parcels
shall be permitted to remam prOVided
(1) The vehicle sales, sen'lce, repair and storage bwldmgs on the resldentzally zoned
parcels are not expanded or mtensified muse
(2) The commercial parcel supported by the vehicle sales, service, repair and storage
bUlldmgs on the re51dentlally zoned parcels 15 not redeveloped for another use
5
"- ~.
.1.1
(d) Automobile storage lots whIch are used for short or long-term parlang of vehicles
for sale or lease at an off-sIte or on-site automoblle dealership or for service or repair at an on-
sIte automobIle dealership shall be pernutted to remam proVIded
(1) The automobIle storage lot 15 not expanded or enlarged
(2) The commercIal parcel supported by the rcSidciltjal parkiilg lut the automobile
storage lot 111 the residential dlstnct IS not redeveloped for another use
(de) Parking lots on resldenhal zoned parcels shall be permitted to remain provided
(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 eXlstmg 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 wluch reqUIres more Intense parkmg standards than eXIsts on the effective date of
thiS Chapter
(4) The square footage of the eXIstmg commerCial bmldmg on the commercial parcel is
not added to or enlarged beyond fifty percent of the floor area eXlstmg on the effective date of
thiS Chapter
(5) The reqUired parkmg for any new addItIOn or expansIOn under fifty percent IS not
located on the resIdentially zoned parkmg 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
(if) EXlstmg commercial or mdustnal uses m reSIdential dlstncts with vahd conditIOnal
use penmts that do not contain tIme limIts, except as phYvid€dfui" abu-.;,., otherwise provided in
this section five years
The Planning CommISSIon may extend the five-year perIod, but m no case more than ten
years, proVIded the apphcant demonstrates that exceptIOnal CIrcumstances prevented the
termInatIon ofthe use A pubhc hearIng shall be conducted m accordance with the proVISIOns for
condItIonal use pernuts m part 9 04 20 22
(fg) Existing general office, medical office and neighborhood-senring 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.
(gh) Notwithstandmg any other provIsIon of thIS SectiOn, If a condItIOnal use permit for
an eXistIng commercial or mdustrIal use In a reSIdentIal dlstnct has a speCIfic tIme penod that such
condItIonal use termmates, the cuildrtronal use permIt shall termmate pursuant to the permit and
not thiS SectIon
6
,.. ;r.c
34
ATTACHMENT F
, 3 c;
~ u
NOTICE OF A PUBLIC HEARING
BEFORE THE SANTA MONICA CITY COUNCIL
SUBJECT: Introduction and first reading of an ordinance to amend Sections 9 04 18 030
and 9 04 18 040 of ArtIcle IX of the Santa MOnica Municipal Code to clarify
the definition of a legal nonconforming use and to allow automobile
dealerships and those major office developments, medical uses and
neIghborhood-serving commercial uses In eXistence as of 1982 to continue
to utilize bUildings and property which are located on residentially-zoned
parcels
WHEN: Tuesday, May 12, 1998 at 7 00 P m
WHERE: Council Chambers
Room 213
1685 Main Street
Santa MOnica, California
HOW TO COMMENT
You may comment at the City CounCil publiC hearing. or by writing a letter Written
Information received before 3 00 P m on the Wednesday before the hearing will be given
to the City Council In their packet Information received after that time Will be given to the
CIty CounCil prior to the meeting
Address your letters to
City Clerk
1685 Main Street, Room 102
Santa Monica, CA 90401
MORE INFORMATION
If you want more Information about this proJect, please call Associate Planner Paul Foley
at (310) 458-8585 Santa Monica Bus Lines #1, #2, #3, #7 and #8 serve City Hall The
meeting facIlity IS handicapped accessible If you have any speCial needs such as sign
language interpreting, please contact the Office of the Disabled at (310) 458-8701
Pursuant to California Government Code Section 65009(b). If thiS matter IS subsequently
challenged In Court, the challenge may be limited to only those Issues raised at the Public
Heanng descnbed In thiS notice, or In written correspondence delivered to the City of
Santa Monica at, or pnor to, the PubliC Heanng
ESPANOL
EI Conclllo MUnicipal de la cludad de Santa Monica tendra una audlencla publica para
revlsar appllcaclones propomendo desarrollo en Santa Monica Para mas Informacion,
lIame a Carmen Gutierrez al numero (310) 458-8341
36
APPROVED AS TO FORM
f ppd\share\notlces\noncon not wpd
17