SR-400-002-01 (26)
1E
JblL I fj 1QQi
PCD:AA:AS:SDL:f\planning\share\council\strpt\2005\TA04001.doc '6/9/0s
Council Meeting: July 26, 2005 Santa Monica, California
TO: Mayor and Councilmembers
FROM: City Staff
SUBJECT: Ordinance for Introduction and First Reading to Amend Section
9.04.18.040 of the Santa Monica Municipal Code to Allow Existing
Commercial and Industrial Uses with Valid Conditional Use Permits
without Expiration Dates to Remain, Subject to a Conditional Use Permit.
INTRODUCTION
This report recommends that the City Council introduce for first reading an ordinance to
amend Section 9.04_18.040 (termination of nonconforming commercial and industrial
uses) to allow the extension of existing commercial and industrial uses with conditional
use permits that do not contain time limits in the residential zones. On April 20, 2005 the
Planning Commission unanimously voted to recommend approval of the amendment
and approved the conditional use permit subject to Council approval of the ordinance
amendment. The proposed ordinance is contained in Attachment A.
BACKGROUND
Applicant Richard Robbins filed the proposed Zoning Ordinance amendment as part of
a settlement with the City which arose from a disagreement about the current legal
status of this property. The amendment would allow the extension of conditional use
permits that do not have time limits, authorizing the continued operation of
nonconforming commercial industrial uses located in residential zones. Currently,
1
IE
d~L >>8 19Q~
0<6/6"f .1.0-5
I k
Zoning Ordinance Section 9.04.18.040(f) requires termination of these non-conforming
uses within five years of adoption of the ordinance (1988). The approval is subject to the
following conditions:
(i) The building in which the uses are located has been in existence since
September 8, 1988;
(ii) The building is not demolished or substantially remodeled;
(iii) The building was specifically designed, approved and built for the
commercial or industrial use;
(iv) The property on which the building is located is adjacent to, or across an
alley from, a commercial district;
(v) There will be no change, expansion or intensification of the use(s); and
(vi) The Conditional Use Permit is extended and the findings in Section
9.04.20.12.040 are made.
The applicant filed CUP 04-015 to allow the continuation of the current commercial
office and warehouse, storage uses. Extension of the CUP will enable the Planning
Commission, and City Council on appeal, to establish conditions of approval to ensure
that the adjacent residential uses are not adversely impacted by the continued
existence of the commercial and industrial uses. In addition, the text amendment
continues the useful life of buildings constructed for their intended commercial or
industrial use.
The City contends that the ground floor commercial storage use is no longer permitted
and was required to terminate in 1993 pursuant to Zoning Ordinance Section
9.04.18.040(f) which required that commercial uses with valid CUPs that did not have
2
time limits be discontinued in residential districts within five years of 1988. The City also
contends that Zoning Ordinance Section 9.04.18.040(g), which, in part, allows office
uses in existence as of 1982 to remain, is ambiguous as to whether the second floor of
the subject property is currently authorized as an office use. The City acknowledges that
the second floor was used for office use in 1982, but this use ceased in 2000. In 2002,
the City denied a business license application for a perspective commercial tenant for
the property based upon the fact that CUP No. 277 had expired.
The applicant contends, that pursuant to the City's Zoning Ordinance and governing
constitutional standards, the property owner must be granted the right to continue
utilizing the ground floor of the building for its intended commercial storage use, and the
second floor of the building for its intended office use, throughout the useful life of the
building.
In an effort to resolve this dispute, the City and the applicant entered into a settlement
agreement in which the applicant agreed to pursue a text amendment without either
party waiving its respective legal positions. Pursuant to the terms of the settlement
agreement, the applicant applied for a text amendment on January 12, 2004. The City
Council retains its full discretion to assess the proposed text amendment in accordance
with the Zoning Ordinance.
3
ANAL YSIS
Proposed Ordinance
The proposed ordinance would allow commercial and industrial uses on residentially
zoned parcels with valid conditional use permits that do not have time limits to remain,
subject if the building in which the uses are located has been in existence since
September 8, 1988; the building is not demolished or substantially remodeled; the
building was specifically designed, approved and built for the commercial or industrial
use; the property on which the building is located is adjacent to, or across an alley from,
a commercial district; there will be no change, expansion or intensification of the use(s);
and the Conditional Use Permit is extended or renewed.
The proposed amendment is consistent in principle with Land Use Element Objective
1.2, which states "Ensure compatibility of adjacent land uses, with particular concern for
protecting residential neighborhoods." The ordinance would authorize the Planning
Commission or City Council on appeal to allow existing commercial and industrial uses
in buildings that were specifically designed and built for the proposed use or uses to
continue operating in residential districts subject to approval of a conditional use permit.
A conditional use permit would require the necessary findings and conditions to ensure
that the uses are compatible with neighboring residential uses.
The proposed ordinance is also consistent with Land Use Element Objective 1.1 which
states that the quality of life for all residents should be improved by providing a balance
of land uses that are consistent with the objective that insures fair treatment of property
4
owners and residents of the City. As proposed, the ordinance would permit the owners
of commercially or industrially designed and built buildings located in residential districts
to continue their commercial or industrial uses for the useful life of the building.
PlanninQ Commission Action
At the April 20, 2005 Planning Commission hearing the Commission recommended that
"
Council amend Zoning Ordinance Section 9.04.18.040(f) and add Section
9.04.18.040(i), to allow the continued use of an existing commercial office and
warehouse/storage facility in a residential zone. Conditional Use Permit 04-015 was
also approved, contingent on Council approval of the proposed ordinance, to allow the
building at 1438-44 9th Street to remain in commercial use. This CUP contains a number
of conditions required for approval, including stipulations that there be no change of
use, the building is not demolished or substantially remodeled, and the hours of
operation are considered to be compatible with the residential uses. There was no
neighborhood opposition to the proposed CUP. The Planning Commission Statement of
Official Action is included in Attachment C.
Conclusion
The proposed ordinance allows existing commercial and industrial uses with valid
conditional use permits without expiration dates to continue operation through a
renewed Conditional Use Permit. Staff believes that the proposed ordinance is
appropriate to allow buildings located in residential districts that were designed and
constructed for commercial use to continue in commercial operation for the life of the
5
structure. The ordinance requires that the Planning Commission review and approve a
conditional use permit for the continued commercial operation. As conditioned in the
approved Conditional Use Permit, the existing uses will not result in adverse impacts on
the nearby residential uses.
CEQA STATUS
The proposed ordinance is exempt from the provisions of the California Environmental
Quality Act (CEQA) pursuant to Section 15061 (b)(3) of the State Implementation
Guidelines in that CEQA applies only to projects having the potential to cause a
significant effect on the environment. The ordinance to allow the continued use of
existing commercial and industrial uses to continue in operation pursuant to a renewed
Conditional Use Permit, does not have this potential. Rather, the proposed ordinance
will ensure that such projects are subject to discretionary review and evaluated pursuant
to CEQA.
PUBLIC NOTIFICATION
A legal advertisement was published in the "California" section of the Los Angeles
Times at least ten consecutive calendar days prior to the hearing. A copy of the notice
is contained in Attachment D.
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report does not have any budget or fiscal impact
6
RECOMMENDATION
It is recommended that the Council hold a public hearing and introduce the proposed
ordinance for first reading.
Prepared by:
Andy Agle, Interim Director
Amanda Schachter, Planning Manager
Paul Foley, Principal Planner
Sarah Lejeune, Associate Planner
City Planning Division
Planning and Community Development Department.
Attachments:
A. Proposed Ordinance
B. Planning Commission Staff Report
C. Statement of Official Action, Conditional Use Permit 04-015
D. Public Notice
7
ATTACHMENT A
f:\atty\muni\laws\barry\T A04001 Robbins
City Council Meeting 7-26-05
Santa Monica, California
ORDINANCE NUMBER
(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 RENEW CONDITIONAL USE PERMITS THAT DO NOT
CONTAIN TIME LIMITS
WHEREAS, pursuant to Santa Monica Municipal Code Section 9.04.18.040(f),
existing nonconforming commercial or industrial uses in residential districts which had
been issued conditional use permits without time limits should have been discontinued
or removed or altered to conform to the Zoning Ordinance; and
WHEREAS, the proposed text amendment would allow the extension of
conditional use permits authorizing the continued operation of nonconforming
commercial/industrial uses located in residential zones subject to the following: (i) the
building in which the uses are located has been in existence since the adoption of the
Zoning Ordinance, (ii) the building was specifically designed, approved and built for the
commercial or industrial use(s), (iii) the building is not demolished or substantially
remodeled, (iv) the property on which the building is located is adjacent to, or across an
alley from, a commercial district, (vi) there will be no change, expansion or
intensification of the use, and (vi) the findings established in Section 9.04.20.12.040(b)-
(I) can be made; and
9
WHEREAS, on January 12, 2004, Robbins filed an application for a text
amendment substantively the same as the proposed text amendment and an
application for a conditional use permit extending its earlier conditional use permit at
1438-44 9th Street; and
WHEREAS, the Planning Commission considered the proposed text amendment
and conditional use permit extension at a public hearing on April 20, 2005; and
WHEREAS, the Planning Commission unanimously 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 26,2005; 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 1.1 states that the quality of life for all residents should be improved
by providing a balance of land uses that are consistent with the objective of providing
fair treatment of property owners and residents of the City; and
WHEREAS, the text amendment would authorize the Planning Commission, or
City Council on appeal, to allow existing commercial and industrial uses in buildings
specifically built for the commercial or industrial use with valid conditional use permits
without time limits to continue operating in residential districts through extension of the
existing Conditional Use Permit that would include the necessary findings and
10
conditions of approval to ensure that the continuation of the uses is compatible with
neighboring
residential development and permit owners of commercially or industrially designed and
built buildings located in residential districts to continue their commercial or industrial
uses for the useful life of the buildings; and
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 allows the Planning Commission, and City Council on appeal, to permit the
continuation of commercial and industrial uses only when they will not adversely impact
surrounding residential areas; and
WHEREAS, the amendment incorporates findings that require evidence that the
use will be compatible with neighboring development and will not adversely effect
surrounding properties or be detrimental to the district's residentially-oriented
environment; and
WHEREAS, the general welfare of the City is enhanced when owners of
compatible, commercially or industrially designed and built buildings located in
residential districts are permitted to continue their commercial or industrial uses for the
useful life of the buildings,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
11
SECTION 1. Santa Monica Municipal Code Section 9.04.18.040 is hereby
amended to read as follows:
9.04.18.040 Termination 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.
(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:
12
(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:
(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.
13
(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, including subsection 0): 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.
(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
conditional 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
14
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:
(1) The use has been in continuous operation since the effective
date of the Zoning Ordinance (September 8, 1988);
(2) There will be no change, expansion or intensification of the use;
and
(3) 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 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
15
use remains substantially the same type of use as the use of the property
on the effective date of the Zoning Ordinance and the basic operational
features of the use and its impact on the neighborhood are not altered.
(i} Commercial and industrial uses that would otherwise terminate
pursuant to subsection (f) of this Section shall be permitted to remain and
are not required to be discontinued, removed, or altered to conform to the
provisions of this Chapter provided all of the following conditions are met
(1) The buildinQ in which the uses are located has been in
existence since the effective date of this Chapter (September 8\ 1988):
(2) The building was specifically desiQned, approved and built for
the commercial or industrial use(s);
(3) The building is not demolished or substantiallv remodeled;
(4) The property on which the buildinQ is located is adiacent to, or
across an alley from, a commercial district;
(5) There will be no chanqe, expansion. or intensification of the
use; and
(6) The conditional use permit has been extended in accordance
with this subdivision (6). Before extendinq a conditional use permit a
public hearinQ shall be conducted in accordance with Part 9.04.20.22.
The findinQs of fact established in Section 9.04.20.12.040 (b)-(I) shall be
made in an affirmative manner. The Planninq Commission (or City
Council on appeal) may apQrove, conditionally approve or deny such an
extension application, in whole or in part. The Planninq Commission (or
16
City Council on appeal) may impose such conditions as may be deemed
necessary to protect the public health, safetYl and General welfare and
secure the obiectives of the General Plan, includinq conditions desiqned
to insure com(2atibility of the existinG commercial or industrial use with
neiqhborinq residential uses. Notwithstandinq the qrantinq of an
extension of a conditional use permit the commercial or industrial use
shall remain a leGal nonconforming use subject to Section 9.04.18.030,
and as a nonconforminq use, it shall be permitted to continue only so lonq
as the use remains substantially the same type of use as the use of the
property on the effective date of the 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 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.
17
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:
--7,!"/' ,(' ,7, 1
/ ) , /
, .' ,,' '. ,;~ , 1/_, - ". L , .
. f ",-f1/td,A-t(:$~;// /~jull'Z-f;
MARSHA JO~,ES MOUTRIE
City Attorney-'
F:\A TTY\MUNI\LAWS\BARRY\T A98007SmithPipe-1. wpd
A IT ACHMENT B
CP:AS:PF:SDL:f:\plan\share\pc\strpt 04\TA04001.doc
Planning Commission Mtg: March 16, 2005
Santa Monica, California
TO:
The Honorable Planning Commission
FROM:
Planning Staff
SUBJECT: Text Amendment 04-001 to amend Zoning Ordinance Section 9.04.18.040(f)
and add Section 9.04.18.040(i)
Conditional Use Permit 04-015 to allow the continued use of an existing
commercial office and warehouse/storage facility in a residential zone.
Address: Text Amendment 04-001 - City Wide,
Conditional Use Permit 04-015 -1438-44 9th Street
Applicant: Richard Robbins
INTRODUCTION
Action:
Text Amendment 04-001 to modify Section 9.04.18.040 of the Santa Monica Municipal
Code by adding text to paragraph (f) and a new paragraph (i) that clarifies the specific
conditions under which existing commercial and industrial uses with existing conditional
use permits without expiration dates may continue in operation through a renewed
Conditional Use Permit.
Conditional Use Permit 04-015 to renew Conditional Use Permit No. 277.
Recommendation:
Staff recommends that the Planning Commission take the following actions:
1. Recommend approval of Text Amendment 04-001 to the City Council; and
2. Approve Conditional Use Permit 04-015, subject to Council approval of the Text
Amendment.
Permit StreamlininQ Expiration Date:
Amendments.
Not applicable to projects with a Text
SITE LOCATION AND DESCRIPTION
The subject property is a 15,000 square foot parcel located on the west side of Ninth
Street between Santa Monica Boulevard and Broadway having a frontage of 100 feet.
Surrounding uses consist of:
. North - Multi-family units in the R-3 (Medium Density Multiple Family) District;
20
. South - Commercial uses in the BCD (Broadway Commercial) District;
· East - Multi-family units in the R-3 (Medium Density Multiple Family) District; and;
. West - Commercial uses in the C-4 (Highway Commercial) District
Existing on-site uses include office and storage uses.
Zoning District:
R-3 Medium Density Multi-Family
Land Use District:
Medium Density Housing
Parcel Area:
15,000 square feet
PROJECT DESCRIPTION
The applicant requests TA 04-001 and CUP 04 015 to allow an existing nonconforming
office building with warehouse/distribution uses at 1438 9th Street in the R3 District to
continue operating with approval of Conditional Use Permit. Conditional Use Permit No.
277 authorized these commercial uses at the subject site in 1979. In 1988, the Zoning
Ordinance was amended to prohibit commercial uses in the R3 District. Zoning
Ordinance Section 9.04.18.040(f) requires non-conforming commercial uses to be
discontinued within five years of its adoption.
The applicant is proposing a Text Amendment to amend Section 9.04.18.0401 (f) and
add Section 9.04.18.040(i) to allow the office and warehouse/storage uses for which the
building was designed and built to continue with approval of a renewed Conditional Use
Permit (CUP04-015).
The proposed Text Amendment is contained in Attachment A.
MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
The proposed project will be consistent with the Municipal Code and in conformity with
the General Plan if the proposed Text Amendment is approved.
CEQA STATUS
The project is categorically exempt from the provisions of CEQA, pursuant to Class 1,
Section 15301 of the State Implementation Guidelines in that the proposal is the
continued operation of an existing use and involves no change to the interior or exterior
of the structure and no expansion of use.
HISTORIC RESOURCES INVENTORY STATUS
The existing building on the project site was constructed in 1979 and is not identified in
the City's Historic Resources Inventory.
21
RENT CONTROL STATUS
The project is a commercial use and therefore has a commercial exemption from rent
control.
FEES
The project is not subject to any special City Planning related fees.
PUBLIC NOTIFICATION
Pursuant to Government Code Section 65804, notice of the public hearing for the Text
Amendment was published in the "California" Section of the Los AnQeles Times
newspaper at least ten consecutive calendar days prior to the hearing. Notice of the
public hearing was also sent to all neighborhood organizations, and posted on the City's
Web site. In addition, pursuant to Municipal Code Section 9.04.20.22.050, notice of the
public hearing was mailed to all owners and residential and commercial tenants of
property located within a 500 foot radius of the project and published in the "California"
Section of The Los AnQeles Times at least ten consecutive calendar days prior to the
hearing. A copy of the notice is contained in Attachment C.
Pursuant to Municipal Code Section 9.04.20.20.080 and in accordance with the posting
requirements set forth by the Zoning Administrator, prior to application filing the
applicant posted a sign on the property regarding the subject application. At least 8
weeks prior to the public hearing date, the applicant submitted a photograph to verify
the site posting and to demonstrate that the sign provides the following information:
Project case number, brief project description, name and telephone number of
applicant, site address, date, time and location of public hearing, and the City Planning
Division phone number. A copy of the site posting photograph is contained in
Attachment C. It is the applicant's responsibility to update the hearing date if it is
changed after posting.
On February 24, 2005, the applicant was notified by phone of the subject hearing date.
ANAL YSIS
BackQround
In 1979, the subject site was issued Conditional Use Permit No. 277 which permitted a
commercial use on a residentially-zoned parcel. The building was developed with a
warehouse/distribution/storage use on the ground floor with associated offices and
office uses on the second floor. Since 1979, the second floor office portion of the
building has been used for a Medical Billing office from 1980-87, as the County
Assessor's office from 1988-2000 and was vacant from September 2000-September
2003. Since that time, the space has been used as a real estate development office.
22
The first floor has been used for shipping and receiving, an art gallery, a film and video
warehouse and distribution, and storage. It is currently in use as warehouse distribution
for a video company and as storage for the offices of second floor real estate tenant.
Planning Staff is not aware of any complaints regarding the commercial use of the
building.
Conditional Use Permit CUP No. 277, which was issued in 1979, allowed this
commercial use in a residential district (Attachment D). At that time, Zoning Ordinance
provisions allowed commercial uses in residentially-zoned districts with approval of a
Conditional Use Permit.
The City and the applicant have a disagreement about the current legal status of this
property. The City contends that the ground floor commercial storage use is no longer
permitted and was required to terminate in 1993 pursuant to Zoning Ordinance Section
9.04.18.040(f) which required that commercial uses with valid CUPs that did not have
time limits be discontinued in residential districts within five years of the Zoning
Ordinance's adoption (1988). The City also contends that Zoning Ordinance Section
9.04.18.040(g), which, in part, allows office uses in existence as of 1982 to remain, is
ambiguous as to whether the second floor of the subject property is currently authorized
as an office use. The City acknowledges that the second floor was used for office use in
1982, but this use ceased in 2000. In 2002, the City denied a business license
application for a perspective commercial tenant for the property based upon the fact that
CUP No. 277 had expired.
The applicant contends, that pursuant to the City's Zoning Ordinance and governing
constitutional standards, the property owner must be granted the right to continue
utilizing the ground floor of the building for its intended commercial storage use, and the
second floor of the building for its intended office use, throughout the useful life of the
building.
Settlement Agreement
In an effort to resolve this dispute, the City and the applicant entered into a settlement
agreement in which the applicant agreed to pursue a text amendment without either
party waiving their respective legal positions. Pursuant to the terms of the settlement
agreement, the applicant applied for a text amendment on January 12, 2004. The
Planning Commission retains its full discretion to assess the proposed text amendment
in accordance with the Zoning Ordinance.
Proposed ZoninQ Text Amendment
In working with the applicant, staff determined that it would be appropriate to allow the
commercial uses to remain on-site through a Conditional Use Permit that would amend
CUP No. 277. On November 2,2004 the applicant submitted an application for CUP04-
015.
23
The applicant submitted proposed text language to staff that amended SMMC Section
9.04.18.040(f) and added new subsection 9.04.18.040(i) (Attachment A). Staff
recommends that the applicant's proposed language be amended (as shown in
Attachment B) by:
. Removing language deemed unnecessary in subsection 9.04.18.040(i)(3);
. Modifying the applicant's proposed language regarding the demolition and
substantial remodel of the existing building;
. Adding language concerning a change, expansion or intensification of the
existing use(s); and
. Replacing the applicant's proposed subsection 9.04.18.040(i)(4) with the
language contained in staff's proposed subsection 9.04.18.040(i)(6) which is
similar to existing subsection 9.04.18.040(h).
Therefore, staff is proposing that commercial and industrial uses on residentially-zoned
parcels with valid conditional use permits that do not contain time limits shall be
permitted to remain, subject to the following criteria and conditions:
(1) The building in which the uses are located has been in existence since
September 8, 1988;
(2) The building is not demolished or substantially remodeled;
(3) The building was specifically designed, approved and built for the
commercial or industrial use;
(4) The property on which the building is located is adjacent to, or across an
alley from, a commercial district;
(5) There will be no change, expansion or intensification of the use(s); and
(6) The Conditional Use Permit is extended or renewed.
Extension or renewal of the CUP will enable the Planning Commission, and City Council
on appeal, to establish conditions of approval to ensure that the adjacent residential are
not adversely impacted by the continued existence of the commercial and industrial
uses. In addition, the text amendment continu'es the useful life of buildings constructed
for their intended commercial or industrial use.
Conditional Use Permit
The subject building is consistent with Section 9.04.18.040(i) in that it was built to
accommodate the specific commercial uses requested through the CUP application -
warehouse/distribution/storage and office uses. Although the commercial office and
warehouse/storage uses have been in almost continuous use since the building was
24
constructed in 1979, additional conditions and property upgrades are proposed to
ensure compatibility with neighboring residential uses. Staff has drafted specific
conditions (Special Conditions #1- 16) that would address the hours of operation for
both the office and warehouse uses, restrict deliveries, limit office receptions to six
times per year, restrict the use of noise-generating machinery and add requirements for
landscaping, refuse, lighting, and parking.
General Plan Land Use Element Compatibility
The proposed amendment is consistent in principle with Land Use Element Objective
1.2, which states "Ensure compatibility of adjacent land uses, with particular concern for
protecting residential neighborhoods." The recommended text amendment would
authorize the Planning Commission or City Council on appeal to allow existing
commercial and industrial uses to continue operating in residential districts, with a
conditional use permit in buildings that were specifically designed and built for the
proposed use or uses. A conditional use permit would require the necessary findings
and conditions to ensure that the uses will be compatible with neighboring residential
uses.
The proposed text amendment is also consistent with Land Use Element Objective 1.1
which states that the quality of life for all residents should be improved by providing a
balance of land uses that are consistent with the objective that insures fair treatment of
property owners and residents of the City. As proposed, the text amendment would
permit the owners of commercially or industrially designed and built buildings located in
residential districts to continue their commercial or industrial uses for the useful life of
the building.
Conclusion
Staff believes that the proposed text amendment is appropriate to allow for the intended
use(s) of specifically designed and built commercial buildings in residential districts to
continue within these structures to the end of their useful life. The text amendment
requires that the Planning Commission review and approve a conditional use permit for
the continued use of these buildings. The subject site is adjacent to a commercial
zoning district to the south and across from a commercial district to the west. The
existing uses have been in almost continuous operation since 1979 and have not
resulted in complaints from nearby residential neighbors over that time. As conditioned,
the existing uses will not result in adverse impacts on the nearby residential uses.
RECOMMENDATION
It is recommended that the Planning Commission approve Conditional Use Permit 04-
015 with the findings and conditions listed below and recommend to the City Council the
approval of Text Amendment 04-001 as shown in Attachment A.
25
AL TERNA TIVES
Other than the recommended action, the Planning Commission may:
. Approve CUP 04-015 and recommend approval of TA04-001 based upon revised
findings and conditions;
. Deny CUP 04-015 and TA04-001 without prejudice, based upon revised findings;
or
. Deny CUP04-015 and TA04-001 based upon revised findings.
TEXT AMENDMENT FINDINGS
1 . 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 1.2, which states that one of the Land
Use Element objectives should be to: "Ensure compatibility of adjacent land
uses, with particular concern for protecting residential neighborhoods." The
proposed text amendment would authorize the Planning Commission, or City
Council on appeal, to allow existing commercial and industrial uses in buildings
specifically built for the commercial or industrial use with valid conditional use
permits without time limits to continue operating in residential districts through a
modification of the existing Conditional Use Permit that would include the
necessary findings and conditions of approval to ensure that the continuation of
the uses is compatible with neighboring residential development. The proposed
text amendment is also consistent with Land Use Element Objective 1.1 which
states that the quality of life for all residents should be improved by providing a
balance of land uses that are consistent with the objective that insures fair
treatment of property owners and residents of the City. As proposed, the text
amendment would permit the owners of commercially or industrially designed
and built buildings located in residential districts to continue their commercial or
industrial uses for the useful life of the building.
2. The public health, safety, and general welfare require the adoption of the
proposed amendment in that the amendment allows the Planning Commission,
and City Council on appeal, to permit the continuation of commercial and
industrial uses only when they will not adversely impact surrounding residential
areas. The amendment incorporates findings that require evidence that the
Condition Use Permit will promote design that is compatible with neighboring
development and will not adversely effect surrounding properties or be
detrimental to the district's residential-oriented environment. In addition, the
general welfare of the City is enhanced when
the owners of commercially or industrially designed and built buildings located in
residential districts are permitted to continue their commercial or industrial uses
for the useful life of the building.
26
CONDITIONAL USE PERMIT FINDINGS
1. The proposed use is one conditionally permitted within the subject district and
complies with all of the applicable provisions of the "City of Santa Monica
Comprehensive Land Use and Zoning Ordinance", in that the Zoning Ordinance,
as amended, allows the continuation of non-conforming uses in cases where the
use was previously authorized in a residential district by a conditional use permit
and the use has been in operation prior to the effective date of the Zoning
Ordinance. The proposed project, as conditioned, involves no change, expansion
or intensification of the office and warehouse/distribution uses.
2. The proposed continued use of the property for office and warehouse/distribution
purposes would not impair the integrity and character of the district in which it is
to be established or located, in that this approval contains conditions (e.g. hours
of operation, nature of the operations on site, delivery hours and number and
nature of deliveries, use of warehouse machinery) which ensure that the office
and warehouse/distribution uses operate in a manner that is compatible with the
nearby residential and commercial uses.
3. The subject parcel is physically suitable for the type of land use being proposed,
in that the existing commercial building was built with City approval for the
purpose for which it is being used and has been used since 1979.
4. The proposed use is compatible with any of the land uses presently on the
subject parcel if the present land uses are to remain, in that the proposed use is
existing on-site and no additional uses are proposed.
5. The proposed use would be compatible with existing and permissible land uses
within the district and the general area in which the proposed use is to be
located, in that conditions of approval associated with the project's approval will
ensure compatibility with nearby commercial and residential uses.
6. There are adequate provisions for water, sanitation, and public utilities and
27
services to ensure that the proposed use would not be detrimental to public
health and safety, in that this is an existing use that has been almost continuous
operation at the site since 1979.
7. Public access to the proposed use will be adequate, in that the existing access
from Ninth Street and Lincoln Court alley will remain.
8. The physical location or placement of the use on the site is compatible with and
relates harmoniously to the surrounding neighborhood, in that there is no
proposed change to the current configuration of the building or its placement on-
site. In addition, the conditions of approval associated with the project's approval
will ensure compatibility with nearby commercial and residential uses
9. The proposed use is consistent with the goals, objectives, and policies of the
General Plan, in that permitting the owners of the subject site to retain their office
and warehouse/distribution uses is consistent with Land Use Element Objective
1.1, which states that the quality of life for all residents should be improved by
providing a balance of land uses that are consistent with the objective that
insures fair treatment of property owners and residents of the City. Approval of
the conditional use permit would permit the owners of the subject site to retain
the office and warehouse/distribution uses for the useful life of the building.
10. The proposed use would not be detrimental to the public interest, health, safety,
convenience, or general welfare, in that the proposed has been approved at this
site since 1979.
11 . The proposed use conforms precisely to the applicable performance standards
contained in Subchapter 9.04.12 and special conditions outlined in Subchapter
9.04.14 of the City of Santa Monica Comprehensive Land Use and Zoning
Ordinance, in that there are no performance standards or special conditions
applicable with the proposed project in the subchapters noted above.
12. The proposed use will not result in an over-concentration of such uses in the
immediate vicinity, in that there are no other similar uses in the R-3 zone within
500 feet, and commercial uses are permitted by right in the adjacent commercial
zone.
28
CONDITIONS
Plans
1. This approval is for those plans dated March 3, 2005, a copy of which shall be
maintained in the files of the City Planning Division. Project development shall
be consistent with such plans, except as otherwise specified in these conditions
of approval.
2. The Plans shall comply with all other provisions of Chapter 1, Article IX of the
Municipal Code, (Zoning Ordinance) and all other pertinent ordinances and
General Plan policies of the City of Santa Monica.
3. Minor amendments to the plans shall be subject to approval by the Director of
Planning. A significant change in the approved concept shall be subject to
Planning Commission Review. Construction shall be in conformance with the
plans submitted or as modified by the Planning Commission, Architectural
Review Board or Director of Planning.
Architectural Review Board
4. Prior to submittal of landscape plans for Architectural Review Board approval,
the applicant shall contact the Department of Environmental and Public Works
Management regarding urban runoff plans and calculations.
5. Landscaping plans shall comply with Part 9.04.10.04 (Landscaping Standards)
of the Zoning Ordinance including use of water-conserving landscaping
materials, landscape maintenance and other standards contained in the
Subchapter.
6. Refuse areas, storage areas and mechanical equipment shall screened in
accordance with SMMC Section 9.04.10.02.130-9.04.10.02.150. Refuse areas
shall be of a size adequate to meet on-site need, including recycling. The
Architectural Review Board in its review shall pay particular attention to the
screening of such areas and equipment. Any rooftop mechanical equipment
shall be minimized in height and area, and shall be located in such a way as to
minimize noise and visual impacts to surrounding properties. Unless otherwise
approved by the Architectural Review Board, rooftop mechanical equipment
shall be located at least five feet from the edge of the roof. Except for solar hot
29
water heaters, no residential water heaters shall be located on the roof.
Miscellaneous Conditions
7. The building address shall be painted on the roof of the building and shall
measure four feet by eight feet (32 square feet).
8. Mechanical equipment shall not be located on the side of any building which is
adjacent to a residential building on the adjoining lot. Roof locations may be
used when the mechanical equipment is installed within a soundrated parapet
enclosure.
9. Final approval of any mechanical equipment installation will require a noise test
in compliance with SMMC section 4.12.040. Equipment for the test shall be
provided by the owner or contractor and the test shall be conducted by the
owner or contractor. A copy of the noise test results on mechanical equipment
shall be submitted to the Community Noise officer for review to ensure that
noise levels do not exceed maximum allowable levels for the applicable noise
zone.
10. Prior to issuance of a Business License, the applicant shall post a notice at the
building entry stating that the site is regulated by a Conditional Use Permit and
the Statement of Official Action, which includes the establishment's conditions of
approval, is available upon request. This notice shall remain posted at all time
the establishment is in operation.
Validity of Permits
11.ln the event permittee violates or fails to comply with any conditions of approval
of this permit, no further permits, licenses, approvals or certificates of occupancy
shall be issued until such violation has been fully remedied.
12. Within ten days of Planning Division transmittal of the Statement of Official
Action, project applicant shall sign and return a copy of the Statement of Official
Action prepared by the Planning Division, agreeing to the Conditions of approval
and acknowledging that failure to comply with such conditions shall constitute
30
grounds for potential revocation of the permit approval. By signing same,
applicant shall not thereby waive any legal rights applicant may possess
regarding said conditions. The signed Statement shall be returned to the City
Planning Division. Failure to comply with this condition shall constitute grounds
for potential permit revocation.
13. This determination shall not become effective for a period of fourteen days from
the date of determination or, if appealed, until a final determination is made on
the appeal. Any appeal must be made in the form required by the Zoning
Administrator. The approval of this permit shall expire if the rights granted are
not exercised within one year from the permit's effective date. The effective date
is also subject to the City Council approving Text Amendment 04-001 and its
effective date. Exercise of rights shall mean actual commencement of the use
granted by the permit. One six month extension may be permitted if approved
by the Director of Planning. Applicant is on notice that time extensions may not
be granted if development standards or development process relevant to the
project have changed since project approval. Additionally, the rights associated
with this approval shall expire if the establishment ceases operation for a period
of one year or longer.
Special Conditions
1. The uses shall continue to be limited to that of a commercial office on the second
floor with ancillary storage and commercial warehouse and distribution on the
first floor. The uses may not be expanded, intensified or changed (except to a
use(s) that are permitted by the underlining zoning of the property) nor shall the
uses(s) be permitted to change in mode or character of operation. A change in
mode Qr character of operation shall include, but not be limited to, extended
hours of operation or substantial remodeling. If the uses(s) cease operation for a
continuous period of one year or more, this permit shall automatically lapse and
the rights granted herein shall terminate.
2. Conditional Use Permit 04-015 renews Conditional Use Permit No. 277 and
these conditions of approval supersede those of Conditional Use Permit No. 277.
3. In the event the existing building at the subject site is demolished or substantially
remodeled, this permit (Conditional Use Permit 04-015) shall become null and
void.
4. The operation shall at all times be conducted in a manner not detrimental to
surrounding properties or residents by reason of light, noise, activities, parking, or
other actions.
5. Hours of operation for all uses are limited to the following:
. Members of the general public are allowed access to the second floor offices
between the hours of 7:00 a.m. and 6:00 p.m. Monday through Friday and
31
8:00 a.m. and 5:00p.m. on Saturday. The office tenants and building
owner(s) may access and use the offices at all times, provided such use
does not violate any other provision or condition of approval of CUP04-015.
. The hours of operation of the warehouse/distribution business uses are
permitted from 8:00 a.m. to 6:00 p.m. Monday through Friday and 9:00 a.m.
to 5:00 p.m. on Saturday. The warehouse/distribution tenants and owners
and their employees may conduct activities entirely within the building, such
as indexing and sorting goods, at other hours provided the doors to the
loading docks remain closed during such after-hours operations and such
activities do not violate any other provisions or conditions of CUP04-015.
. Office uses are permitted to hold receptions, open-houses and other similar
events a maximum of six times per calendar year provided these events
occur after 6:00 p.m. on weekdays and after 5:00 p.m. on Saturdays and
end by 10:00 p.m. No such events shall occur on Sundays.
6. A landscaped area consisting of a minimum of 1,000 square feet adjacent to the
front parcel line shall be provided and maintained. No other landscaping is
required. In all other respects, landscaping shall conform to the requirements of
Zoning Ordinance Part 9.04.10.04.
7. Consistent with Conditional Use Permit No. 277, the building is not permitted any
commercial signage other than building address and all identification or
directories shall be confined to an interior lobby area. Building address signage
exceeding two square feet in area is subject to Architectural Review Board
approval. Consistent with SMMC Section 9.52.160(f)(3), the building address
signage cannot exceed twenty-five square feet in area.
8. Refuse storage areas shall comply with the Zoning Ordinance Section
9.04.10.02.150.
9. The premises shall be kept in a neat and orderly condition at all times and all the
improvements shall be maintained in a condition of reasonable repair and
appearance.
10. All exterior lighting shall comply with SMMC Section 9.04.10.12.270 which states
that all outdoor lighting associated with commercial uses shall be shielded and
directed away from surrounding residential uses. Such lighting shall not exceed
.5 footcandles of illumination beyond the property and shall not blink, flash,
oscillate or be of unusually high intensity of brightness.
11. The subject property shall provide and maintain a total of 42 on-site parking
spaces.
32
12. No exterior activities such as trash disposal or other maintenance activity
generating noise audible from the exterior of the building shall be conducted
between 10:00 p.m. and 7:00 a.m., Monday through Friday, and between 10:00
p.m. and 9:00 a.m., Saturday and Sunday. Trash enclosure shall be secured
with a lock between 9:00 p.m. and 8:00 a.m. No after hours operation shall be
permitted.
13. Sound generated from the building shall comply with SMMC Section
9.04.10.02.310 and Section 4.12.
14. The existing 5 foot 6 inch wall along the north side of the property with shall be
maintained.
15. Deliveries:
a. Deliveries and shipments for the ground floor warehouse /distribution uses
shall be limited to the hours of 8:00a.m. to 6:00 p.m. Monday through
Friday and 9:00 a.m. to 5:00 p.m. on Saturday. All such deliveries and
shipments will be made from the loading docks adjacent to the alley. No
deliveries or shipments for the warehouse/distributions uses shall occur
from Ninth Street. No more than eight total deliveries may be made per
day from the loading docks.
b. The loading dock doors shall remain closed except during the loading and
unloading of trucks
c. Deliveries and shipments for the office uses may be made from Ninth
Street via courier vans and trucks typically used in residential
neighborhoods by companies such as UPS, Fed Ex, and DHL.
16. Use of machinery for loading and unloading trucks from the loading docks shall
be limited to 8:00 a.m. to 6:00 p.m. Monday through Friday and 9:00 a.m. to 5:00
pm on Saturday.
17. Exterior mechanical equipment shall comply with SMMC Sections 4.12 and
9.04.10.02.130 - 9.04.10.02.150.
18. Within 14 days of the effective date, the applicant shall post a notice at the
building entry stating that the site is regulated by a Conditional Use Permit and
the Statement of Official Action, which includes the establishment's conditions of
approval, is available upon request. This notice shall remain posted at all time
the establishment is in operation.
19. No business license shall be renewed or issued to any business at the subject
property until the above conditions of approval have been met.
33
Prepared by: Sarah D. Lejeune, Associate Planner
Attachments:
E. Applicant's proposed text amendment language
F. Staff recommended text amendment language
G. Notice of Public Hearing, Site Posting Photograph, Radius and Location Map
H. Conditional Use Permit No. 277
I. Photographs of Site and Surrounding Properties
J. Floor Plans of Existing Property
34
ATTACHMENT C
. ..
~
C i t Y of
Saitta MOltiea'M
City of Santa Monica
City Plannina Division
PLANNING COMMISSION
STATEMENT OF OFFICIAL ACTION
PROJECT
CASE NUMBER:
LOCATION:
APPLICANT:
PROPERTY
OWNER:
Conditional Use Permit 04-CUP-015
1438 Ninth Street
Richard Robbins
John S. Robbins Trust.
CASE PLANNER: Sarah Lejeune, Associate Planner
REQUEST:
CEQA STATUS:
Application for Text Amendment 04-001 to amend
Zoning Ordinance Section 9.04.18.040(f) and add
Section 9.04.18.040(i); and Conditional Use Permit 04-
015 to allow the continued use of an existing
commercial office and warehouse/storage facility in a
residential zone pursuant to TA 04-001.
The project is categorically exempt from the provisions of
CEQA, pursuant to Class 1, Section 15301 of the State
Implementation Guidelines in that the proposal is the
continued operation of an existing use and involves no
change to the interior or exterior of the structure and no
expansion of use.
PLANNING COMMISSION ACTION
April 20, 2005
x
Date.
Approved based on the following findings and subject to the
conditions below.
Denied.
Other_
36
EFFECTIVE DATES OF ACTIONS IF NOT APPEALED:
May 5, 2005, subject to the City Council approval of text Amendment 04T A-001.
EXPIRATION DATE OF ANY PERMITS GRANTED:
12 months from effective date of ordinance implementing Text Amendment 04TA-001
LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATES:
Any request for an extension of the expiration date must be received in the City
Planning Division prior to expiration of this permit.
6-months
Each and all of the findings and determinations are based on the competent and
substantial evidence, both oral and written, contained in the entire record relating to the
Project. All summaries of information contained herein or in the findings are based on
the substantial evidence in the record. The absence of any particular fact from any
such summary is not an indication that a particular finding is not based in part on that
fact.
FINDINGS:
TEXT AMENDMENT FINDINGS
1. 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 .2, which states that one of the Land
Use Element objectives should be to: "Ensure compatibility of adjacent land
uses, with particular concern for protecting residential neighborhoods." The
proposed text amendment would authorize the Planning Commission, or City
Council on appeal, to allow existing commercial and industrial uses in buildings
specifically built for the commercial or industrial use with valid conditional use
permits without time limits to continue operating in residential districts through a
modification of the existing Conditional Use Permit that would include the
necessary findings and conditions of approval to ensure that the continuation of
the uses is compatible with neighboring residential development. The proposed
text amendment is also consistent with Land Use Element Objective 1.1 which
states that the quality of life for all residents should be improved by providing a
balance of land uses that are consistent with the objective that insures fair
treatment of property owners and residents of the City. As proposed, the text
amendment would permit the owners of commercially or industrially designed
and built buildings located in residential districts to continue their commercial or
industrial uses for the useful life of the building.
37
2. The public health, safety, and general welfare require the adoption of the
proposed amendment in that the amendment allows the Planning Commission,
and City Council on appeal, to permit the continuation of commercial and
industrial uses only when they will not adversely impact surrounding residential
areas. The amendment incorporates findings that require evidence that the
Condition Use Permit will promote design that is compatible with neighboring
development and will not adversely effect surrounding properties or be
detrimental to the district's residential-oriented environment. In addition, the
general welfare of the City is enhanced when the oWners of commercially or
industrially designed and built buildings located in residential districts are
permitted to continue their commercial or industrial uses for the useful life of the
building.
CONDITIONAL USE PERMIT FINDINGS
1. The proposed use is one conditionally permitted within the subject district and
complies with all of the applicable provisions of the "City of Santa Monica
Comprehensive Land Use and Zoning Ordinance", in that the Zoning Ordinance,
as amended, allows the continuation of non-conforming uses in cases where the
use was previously authorized in a residential district by a conditional use permit
and the use has been in operation prior to the effective date of the Zoning
Ordinance. The proposed project, as conditioned, involves no change, expansion
or intensification of the office and warehouse/distribution uses.
2. The proposed continued use of the property for office and warehouse/distribution
purposes would not impair the integrity and character of the district in which it is
to be established or located, in that this approval contains conditions (e.g. hours
of operation, nature of the operations on site, delivery hours and number and
nature of deliveries, use of warehouse machinery) which ensure that the office
and warehouse/distribution uses operate in a manner that is compatible with the
nearby residential and commercial uses.
38
3. The subject parcel is physically suitable for the type of land use being proposed,
in that the existing commercial building was built with City approval for the
purpose for which it is being used and has been used since 1979.
4. The proposed use is compatible with any of the land uses presently on the
subject parcel if the present land uses are to remain, in that the proposed use is
existing on-site and no additional uses are proposed.
5. The proposed use would be compatible with existing and permissible land uses
within the district and the general area in which the proposed use is to be
located, in that conditions of approval associated with the project's approval will
ensure compatibility with nearby commercial and residential uses.
6. There are adequate provisions for water, sanitation, and public utilities and
services to ensure that the proposed use would not be detrimental to public
health and safety, in that this is an existing use that has been almost continuous
operation at the site since 1979.
7. Public access to the proposed use will be adequate, in that the existing access
from Ninth Street and Lincoln Court alley will remain.
8. The physical location or placement of the use on the site is compatibJe with and
relates harmoniously to the surrounding neighborhood, in that there is no
proposed change to the current configuration of the building or its placement on-
site. In addition, the conditions of approval associated with the project's approval
will ensure compatibility with nearby commercial and residential uses
39
9. The proposed use is consistent with the goals, objectives, and policies of the
General Plan, in that permitting the owners of the subject site to retain their office
and warehouse/distribution uses is consistent with Land Use Element Objective
1.1, which states that the quality of life for all residents should be improved by
providing a balance of land uses that are consistent with the objective that
insures fair treatment of property owners and residents of the City. Approval of
the conditional use permit would permit the owners of the subject site to retain
the office and warehouse/distribution uses for the useful life of the building.
10. The proposed use would not be detrimental to the public interest, health, safety,
convenience, or general welfare, in that the proposed has been approved at this
site since 1979.
11. The proposed use conforms precisely to the applicable performance standards
contained in Subchapter 9.04.12 and special conditions outlined in Subchapter
9.04.14 of the City of Santa Monica Comprehensive Land Use and Zoning
Ordinance, in that there are no performance standards or special conditions
applicable with the proposed project in the subchapters noted above.
12. The proposed use will not result in an over-concentration of such uses in the
immediate vicinity, in that there are no other similar uses in the R-3 zone within
500 feet, and commercial uses are permitted by right in the adjacent commercial
40
zone.
CONDITIONS:
Plans
14. This approval is for those plans dated March 3, 2005, a copy of which shall be
maintained in the files of the City Planning Division. Project development shall
be consistent with such plans, except as otherwise specified in these conditions
of approval.
15. Minor amendments to the plans shall be subject to approval by the Director of
Planning. A significant change in the approved concept shall be subject to
Planning Commission Review. Construction shall be in conformance with the
plans submitted or as modified by the Planning Commission, Architectural
Review Board or Director of Planning.
Architectural Review Board
16. Prior to submittal of landscape plans for Architectural Review Board approval,
the applicant shall contact the Department of Environmental and Public Works
Management regarding urban runoff plans and calculations.
17. Landscaping plans shall comply with Part 9.04.10.04 (Landscaping Standards)
of the Zoning Ordinance including use of water-conserving landscaping
materials, landscape maintenance and other standards contained in the
Subchapter.
18. Refuse areas, storage areas and mechanical equipment shall screened in
accordance with SMMC Section 9.04.10.02.130-9.04.10.02.150. Refuse areas
shall be of a size adequate to meet on-site need, including recycling. The
Architectural Review Board in its review shall pay particular attention to the
screening of such areas and equipment. Any rooftop mechanical equipment
shall be minimized in height and area, and shall be located in such a way as to
minimize noise and visual impacts to surrounding properties. Unless otherwise
approved by the ArChitectural Review Board, rooftop mechanical equipment
shall be located at least five feet from the edge of the roof. Except for solar hot
water heaters, no residential water heaters shall be located on the roof.
41
Miscellaneous Conditions
19. The building address shall be painted on the roof of the building and shall
measure four feet by eight feet (32 square feet).
20. Mechanical equipment shall not be located on the side of any building which is
adjacent to a residential building on the adjoining lot. Roof locations may be
used when the mechanical equipment is installed within a soundrated parapet
enclosure.
21. Final approval of any mechanical equipment installation will require a noise test
in compliance with SMMC section 4.12.040. Equipment for the test shall be
provided by the owner or contractor and the test shall be conducted by the
owner or contractor. A copy of the noise test results on mechanical equipment
shall be submitted to the Community Noise officer for review to ensure that
noise levels do not exceed maximum allowable levels for the applicable noise
zone.
22. Prior to issuance of a Business License, the applicant shall post a notice at the
building entry stating that the site is regulated by a Conditional Use Permit and
the Statement of Official Action, which includes the establishment's conditions of
approval, is available upon request. This notice shall remain posted at all time
the establishment is in operation.
Validity of Permits
23. In the event permittee violates or fails to comply with any conditions of approval
of this permit, no further permits, licenses, approvals or certificates of occupancy
shall be issued until such violation has been fully remedied.
24. Within ten days of Planning Division transmittal of the Statement of Official
Action, project applicant shall sign and return a copy of the Statement of Official
Action prepared by the Planning Division, agreeing to the Conditions of approval
and acknowledging that failure to comply with such conditions shall constitute
grounds for potential revocation of the permit approval. By signing same,
applicant shall not thereby waive any legal rights applicant may possess
regarding said conditions. The signed Statement shall be returned to the City
Planning Division. Failure to comply with this condition shall constitute grounds
42
for potential permit revocation.
25. This determination shall not become effective for a period of fourteen days from
the date of determination or, if appealed, until a final determination is made on
the appeal. Any appeal must be made in the form required by the Zoning
Administrator. The approval of this permit shall expire if the rights granted are
not exercised within one year from the permit's effective date. The effective date
is also subject to the City Council approving Text Amendment 04-001 and its
effective date. Exercise of rights shall mean actual commencement of the use
granted by the permit. One six month extension may be permitted if approved
by the Director of Planning. Applicant is on notice that time extensions may not
be granted if development standards or development process relevant to the
project have changed since project approval. Additionally, the rights associated
with this approval shall expire if the establishment ceases operation for a period
of one year or longer.
Special Conditions
26. The uses shall continue to be limited to that of a commercial office on the
second floor with ancillary storage and commercial warehouse and distribution
on the first floor. The uses may not be expanded, intensified or changed (except
to a use(s) that are permitted by the underlining zoning of the property) nor shall
the uses(s) be permitted to change in mode or character of operation. A change
in mode or character of operation shall include, but not be limited to, extended
hours of operation or substantial remodeling. If the uses(s) cease operation for a
continuous period of one year or more, this permit shall automatically lapse and
the rights granted herein shall terminate.
27. Conditional Use Permit 04-015 renews Conditional Use Permit No. 277 and
these conditions of approval supersede those of Conditional Use Permit No.
277.
28. In the event the existing building at the subject site is demolished or
substantially remodeled, this permit (Conditional Use Permit 04-015) shall
become null and void.
29. The operation shall at all times be conducted in a manner not detrimental to
surrounding properties or residents by reason of light, noise, activities, parking, or
other actions.
30. Hours of operation for all uses are limited to the following:
. Members of the general public are allowed access to the second floor offices
between the hours of 7:00 a.m. and 6:00 p.m. Monday through Friday and
8:00 a.m. and 5:00p.m. on Saturday. The office tenants and building
owner(s) may access and use the offices at all times, provided such use
43
does not violate any other provision or condition of approval of CUP04-015.
. The hours of operation of the. warehouse/distribution business uses are
permitted from 8:00 a.m. to 6:00 p.m. Monday through Friday and 9:00 a.m.
to 5:00 p.m. on Saturday. The warehouse/distribution tenants and owners
and their employees may conduct activities entirely within the building, such
as indexing and sorting goods, at other hours provided the doors to the
loading docks remain closed during such after-hours operations and such
activities do not violate any other provisions or conditions of CUP04-015.
. Office uses are permitted to hold receptions, open-houses and other similar
events a maximum of six times per calendar year provided these events end
by 10:00 p.m. No such events shall occur on Sundays.
31. A landscaped area consisting of a minimum of 1,000 square feet adjacent to
the front parcel line shall be provided and maintained. No other landscaping is
required. Required landscaping shall comply with SMMC 9.04.10.04.
32. Consistent with Conditional Use Permit No_ 277, the building is not permitted any
commercial signage other than building address and all identification or
directories shall be confined to an interior lobby area. Building address signage
exceeding two square feet in area is subject to Architectural Review Board
approval. Consistent with SMMC Section 9.52.160(f){3), the building address
signage cannot exceed twenty-five square feet in area.
33. Refuse storage areas shall comply with the Zoning Ordinance Section
9.04.10.02.150.
34. The premises shall be kept in a neat and orderly condition at all times and all the
improvements shall be maintained in a condition of reasonable repair and
appearance.
35. All exterior lighting shall comply with SMMC Section 9.04.10.02.270 which
states that all outdoor lighting associated with commercial uses shall be
shielded and directed away from surrounding residential uses. Such lighting
shall not exceed .5 foot candles of illumination beyond the property and shall not
blink, flash, oscillate or be of unusually high intensity of brightness.
36. The subject property shall provide and maintain a total of 42 on-site parking
spaces.
37. No exterior activities such as trash disposal or other maintenance activity
generating noise audible from the exterior of the building shall be conducted
between 10:00 p.m. and 7:00 a.m., Monday through Friday, and between 10:00
p.m. and 9:00 a.m., Saturday and Sunday. Trash enclosure shall be secured
44
with a lock between 9:00 p.m. and 8:00 a.m. No after hours operation shall be
permitted.
38. Sound generated from the building shall comply with SMMC Section
9.04.10.02.310 and Section 4.12.
39. The existing 5 foot 6 inch wall along the north side of the property with shall be
maintained.
40. Deliveries:
a. Deliveries and shipments for the ground floor warehouse Idistribution uses
shall be limited to the hours of 8:00a.m. to 6:00 p.m. Monday through Friday
and 9:00 a.m. to 5:00 p.m. on Saturday. All such deliveries and shipments
will be made from the loading docks adjacent to the alley. No deliveries or
shipments for the warehouse/distributions uses shall occur from Ninth
Street. No more than eight total deliveries may be made per day from the
loading docks.
b. The loading dock doors shall remain closed except during the loading and
unloading of trucks
c. Deliveries and shipments for the office uses may be made from Ninth Street
via courier vans and trucks typically used in residential neighborhoods by
companies such as UPS, FedEx, and DHL.
41. Use of machinery for loading and unloading trucks from the loading docks shall
be limited to 8:00 a.m. to 6:00 p.m. Monday through Friday and 9:00 a.m. to
5:00 pm on Saturday.
42. Exterior mechanical equipment shall comply with SMMC Sections 4.12 and
9.04.10.02.130 - 9.04.10.02.150.
43. Within 14 days of the effective date. the applicant shall post a notice at the
building entry stating that the site is regulated by a Conditional Use Permit and
the Statement of Official Action, which includes the establishment's conditions of
approval, is available upon request. This notice shall remain posted at all time
the establishment is in operation.
44. No business license shall be renewed or issued to any business at the subject
property until the above conditions of approval have been met.
45
VOTE
Ayes: Brown, Clarke, Dad, Hopkins, Johnson, Q'Day, Pugh
Nays: None
Abstain: None
Absent: None
NOTICE
If this is a final decision not subject to further appeal under the City of Santa Monica
Comprehensive Land Use and Zoning Ordinance, the time within which judicial review
of this decision must be sought is governed by Code of Civil Procedure Section 1094.6,
which provision has been adopted by the City pursuant to Municipal Code Section
1.16.010.
I hereby certify that this Statement of Official Action accurately reflects the final
determination of the Planning Commission of the City of Santa Monica.
Barbara Brown, Chairperson
Date
Acknowledoement by Permit Holder
I hereby agree to the above conditions of approval and acknowledge that failure to
comply with such conditions shall constitute grounds for potential revocation of the
permit approval.
Applicant's Signature
Print Name and Title
46
ATTACHMENT D
NOTICE OF A PUBLIC HEARING
BEFORE THE SANTA MONICA CITY COUNCIL
SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING SECTION 9.04.18.040 OF THE SANTA MONICA
MUNICIPAL CODE TO ALLOW EXISTING NON-CONFORMING
COMMERCIAL AND INDUSTRIAL USES TO EXTEND CONDITIONAL
USE PERMITS THAT DO NOT CONTAIN TIME LIMITS
The City Council will hold a public hearing to introduce for first reading an ordinance
amending Section 9.04.18.040 of the Santa Monica Municipal Code to allow existing
commercial and industrial uses with valid conditional use permits without expiration
dates to remain, subject to an extended Conditional Use Permit.
DATE/TIME:
TUESDAY, July 26,2005 at 6:45 p.m.
LOCATION:
City Council Chambers, Second Floor, Santa Monica City Hall
1685 Main Street, Santa Monica, California
HOW TO COMMENT
The City of Santa Monica encourages public comment. You may comment at the City
Council public hearing, or by writing a letter. Written information will be given to the City
Council at 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 interim ordinance extension, please contact
Sarah Lejeune, AICP, at (310) 458-8341, or bye-mail atsarah.lejeune@smgov.net. The
Zoning Ordinance is available at the Planning Counter during business hours and on
the City's web site at www.santa-monica.orQ.
The meeting facility is wheelchair accessible. For disability-related accommodations,
please contact Carmen Gutierrez at (310) 458-8341 or (310) 458-8696 TTY at least 72
hours in advance. All written materials are available in alternate format upon request.
Santa Monica Big Blue Bus Lines numbered 1,2,3,5,7,8,9, and 10 serve City Hall.
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 hearing described in this notice, or in written correspondence
delivered to the City of Santa Monica at, 'or prior to, the public hearing.
ESPANOL: Esto es una noticia de una audiencia publica para revisar applicaci6nes
1
proponiendo desarrollo en Santa Monica. Si deseas mas informacion, favor de !lamar a
Carmen Gutierrez en la Division de Planificacion al numero (310) 458-8341.
APPROVED AS TO FORM:
G1 /\
Q/VV\dA^-~)~~
AMANDA SCHACHTER
Planning Manager
F:\CityPlanning\Share\COUNCIL\NOTICES\2005\T A 04-001, 1438 9th Street.doc
2