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MAY f 9 1998
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City Council Meeting 5-19-98
Santa MOnica, California
TO Mayor and City CouncIl
FROM CIty Attorney
SUBJECT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICAAMENDING SECTION 9 0418 030 REGARDING DEFINITION OF
A LEGAL NONCONFORMING USE AND SECTION 904 18040
REGARDING CONTINUED USE OF NEIGHBORHOOD SERVING
COMMERCIAL
INTRODUCTION
At Its meeting on May 12, 1998, the City Council Introduced for first reading an
ordinance amending Section 9 04 18 030 to c1anfy the defimtlon of a legal
nonconforming use and Section 9 04 18 040 to allow for the continued use of
neighborhood serving commercial uses which are located on reSidentially zoned
parcels The ordinance IS now presented to the City Council for adoption
RECOMMENDATION
It IS respectfully recommended that the accompanYing ordinance be adopted
PREPARED BY Marsha Jones Moutne, City Attorney
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Council Mtg May 19, 1998 Santa MOnica, California
ORDINANCE NUMBER 1911 (CCS)
(City Council Senes)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SECTION 9 04 18030 TO CLARIFY THE
DEFINITION OF A LEGAL NONCONFORMING USE AND SECTION 90418040 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 Ordmance regulations associated with
eXlstmg and future dealerships, and
WHEREAS, the automobile dealership representatives were most concerned
with the provIsion of the Zonmg 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 nonconformmg auto
dealership bUlldmgs on residentially zoned parcels be modified to conform to the provIsions
of the residential zOning district In which they are located by 2008, and
oi
WHEREAS, automobIle dealerships are an Important segment of the business
community In Santa MonIca, providing employment opportumtles and auto-related services
to the public and tax revenue to the City, and
WHEREAS, City staff has IdentIfied legal non-conforming nelghborhood-servmg
commercial, general office, and medical bUlldmgs and uses which are located In residentIal
zonmg dlstncts which are also subject to the provIsions of Section 9 04 18 040 of the
ComprehenSive Land Use and Zoning Ordinance which would reqUIre that these bUildings
and uses be discontinued and removed or altered to conform to the prOVISions of the
Zoning Ordinance, and
WHEREAS, these legal non-conforming neighborhood-serving commercial, general
office and medical bUildings and uses are well established businesses which provIde
valuable servIces to the commumty and,
WHEREAS, Section 9 04 18 030 of the ComprehenSive Land Use and Zoning
Ordmance establishes the definition of a legal nonconforming use and this proposed
amendment clanfies 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 Ordinance 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
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WHEREAS, the Plannmg Commission adopted a Resolutron of Intention on July 17,
1996 gIVing notice of Its Intention to conduct a public hearing to consider a
recommendation to amend the ZOning Ordinance to allow the contmued operation of
eXisting legal nonconformmg auto dealership uses which are located In residential zonmg
dlstncts, and
WHEREAS, on September 18, 1996, the Plannrng Commission held a public
hearing on the proposed zonrng text amendments and recommended that Section
9 04 18 040 of Article IX of the Santa MOnica MUniCipal Code be modified to allow
automobile dealerships to continue to utilize buildmgs and property for vehicle sales,
service, repaIr and storage which are located on reSidentially-zoned parcels, and
WHEREAS, the Plannmg CommIssion adopted a Resolution of Intention on March
25, 1998 gIving notice of Its mtentlon to conduct a public heanng to consider a
recommendation to amend the Zonmg Ordinance to clarify the defimtlon of a legal
nonconforming use and to allow eXisting legally non-conforming bUildings and properties
used for neighborhood serving commercial, general office, and medical uses as of 1982
and which are located m reSidential zoning dlstncts to contmue to be lawfully utilized
beyond the year 2008, and
WHEREAS, on April 22, 1998, the Planning Commission held a public heanng on
the proposed zonrng text amendments and recommended that Section 9 04.18 030 of
Article IX of the Santa Monrca MUniCipal Code be modified to clanfy the definition of legal
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nonconformmg use In the Code and to reflect the City'S admlnlstratrve practice In
interpreting legal nonconforming Issues and that Section 9 04 18 040 be modified to allow
neighborhood serving commercial, general office, and medical bUildings and uses In
eXistence as of 1982 which are located on residentially-zoned parcels to contrnue to utlhze
such bUildings beyond the year 2008, and
WHEREAS, the City Council held a public heanng on the proposed ZOning
Ordinance Text Amendment on May 12, 1998, and
WH EREAS, the City Council finds and declares that the proposed amendment IS
consistent In principle With the goals, obJectives, poliCies, land uses, and programs
speCified In the adopted General Plan, speCIfically 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 text amendment IS consistent With thiS land use objective
In that the eXisting legal non-conforming uses and bUildings for the neighborhood-serving
commerCial, medical and general office uses and automobile dealers Will be allowed to
remain but not be expanded to the detnment of the adjacent reSidential areas Further,
Policy 1 6 2 states that City land use poliCies 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 development standards that "ensure that automobile dealerships are not being
displaced due to insuffiCIent expansion potential or to other uses locating In the area 11 The
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proposed text amendment ensures that eXisting automobile dealerships will not be
displaced because of current non-conforming bUIldings or land uses, ensuring 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
nonconformmg uses IS not permitted
WHEREAS, the City Council finds and declares that the public health, safety and
general welfare requires the adoption of the proposed Ordinance In order to c1anfy the
defimtlon of a legal nonconforming use to reflect the City'S current adminIstrative practice
of treating eXisting uses that have not obtained a Conditional Use Permit, Use Permit or
Performance Standards Permit as legal nonconforming and, therefore, subject to
operational limitations regarding abandonment, conversion to a conforming use, expansion
and Intensification In addition, the proposed ordinance Will remove the termination of use
requirement faced by a number of automobile dealerships, commercial bUildings and land
uses located In reSidential zOning dlstncts to ensure the contmued 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 retam
neighborhood commercial uses that benefit the community and the continued 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 ORDAI N AS FOLLOWS
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SECTION 1 Section 9 04 18 030 IS amended to read as follows
904 18030 Legal nonconforming uses
A legal nonconforming use IS a use which lawfully eXisted on the effective date of
the chapter but which IS either (a) not now permitted m the dlstnct In which It IS located,
or (b) now permitted by a Performance Standards Permit, Use Permit or Conditional Use
Permit but no such permIts have been obtamed A legal, nonconformmg use shall comply
With the followmg proVIsions
(a) Change of Ownership A change of ownership, tenancy, or management of a
nonconforming 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 rts legal, nonconforrmng status, and the
premises on which the nonconforming use took place shall from then on be used for
conforming uses only Uses In a bUilding undergomg restoration or reconstruction shall be
exempt from this reqUIrement proVided the proVIsions of Section 9 04 18 020(e) are
compiled With Uses discontinued due to an act of nature shall be exempt from this
requIrement provided reconstruction of the bUIlding IS commenced Within one year of the
date the damage occurs and IS diligently completed
(c) Conversion to Conforming Use If a nonconforming use IS converted to a
conformmg use, the nonconforming use may not be resumed
(d) ExpanSIon of Nonconforming Use A nonconforrrllng use of a bUilding or portIOn
of a bUilding that conforms to the development standards of thIs Chapter shall neither be
expanded Into any other portion of the bUilding nor changed except to a conforming use
The nonconforming use of land shall not be expanded or extended In area
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(e) Intensification of Uses A nonconforming use shall not be permitted to change
m mode or character of operation A change In mode or character shall mclude, 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 nonconformmg bUlldmgs and uses
Nonconformmg commercial or Industnal bUlldmgs and uses In the R 1, R2, R2R, R3
R4, RVC, OP-1, OP-2, OP-3, OP-4 and OP-Duplex Dlstncts shall be discontinued and
removed or altered to conform to the proVISions of thiS Chapter withIn the fOllowmg time
limits from the effective date of thiS Chapter
(a) A nonconformmg use which does not occupy a structure, other than those uses
listed below one year
(b) All bUlldmgs 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 nonconformmg bUildings If the use occupymg the bUlldmg IS authOrized m the
zOning district or overlay dlstnct 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
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(1) The vehicle sales, service, repaIr and storage buildings are not expanded as
provided In SectIon 904 18020 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 parkmg 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) Parkmg lots on residential 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 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 ]s not added to or enlarged beyond fifty percent of the floor area eXisting on the
effectIve date of thiS Chapter
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(5) The required parkmg 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
(I) 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 penod, but In no case more
than ten years, provided the applicant demonstrates that exceptional circumstances
prevented the termmatlon of the use. A public hearing shall be conducted In accordance
with the provIsions for condItional use permits In part 9 04 20 22
(g) EXisting general office, medical office and nelghborhood-servmg 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 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 use shall temllnate pursuant to the permit
and not thIS Section
SECTION 3 The amendment to the definition of legal nonconformmg use IS
declaratory of eXisting law
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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
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 JUriSdiction, 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 ordinance
would be subsequently declared invalid or unconstitutIonal
SECTION 6 The Mayor shall sign and the City Clerk shall attest to the passage of
thiS Ordmance The City Clerk shall cause the same to be published once In the offiCial
newspaper Within 15 days after Its adoptron. ThIS Ordinance shall become effective 30
days from Its adoptron
APPROVED AS TO FORM
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MARSHA JOr'JES MOUTRIE
City Attorney
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Robert Holbrook. Mayor
State of Cahforma )
County of Los i\ngeles ) 5S
Cny of Santa MOnIca )
L :"vlana M Ste\:vart, CIty Clerk of the Cny of Santa MOnIca. do hereby certIfY that the foregomg
Ordmance No 1911 (CCS) was mtroduced on May 12, 1998 and adopted on)"vtav 19, 1998 by
the followmg vote
Ayes
Courrcll members
Genser. Femstem. Holbrook, RosensteIn
:--J oes
CouncIl members
None
AbstaIn
Courrell members
0Jone
Absent
CouncIl members
Ebner, Greenberg, O'Connor
'--
ATTEST
'w"'J'~' ~...d-
Mana M Stewart. Clt)~ Clerk