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SR-8D (11) ~1F-lqll tr-t ~~ ~-D MAY f 9 1998 F \ATTY\MUNI\STRPTS\MJM\NONCON 2D 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 ~-D HAY f 9 1998 ~ PCD SF KG AS PF f \plan\share\councJI\ord\noncon ord 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 2 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 3 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 4 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 5 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 6 (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 7 (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 8 (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 9 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 ~~~~ MARSHA JOr'JES MOUTRIE City Attorney 10 . ;rf&/--:- ;dd~ 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