SR-400-004-10
PCD:SF:JT:AS:KC:f:\plan\share\council\strpt\TA98007SmithPipe.doc
Council Mtg: July 10, 2001 Santa Monica, California
NOTE – ATTACHMENTS NOT AVAILABLE VIA ELETRONICALLY
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Recommendation to Conduct a Public Hearing and Introduce for First
Reading an Ordinance Amending Section 9.04.18.040 (Termination of
nonconforming buildings and uses) of the Santa Monica Municipal Code to
Allow Existing Nonconforming Commercial and Industrial Uses to Continue
in the R1, R2, R2R, R3, R4, RVC, OP-1, OP-2, OP-3, OP-4 and OP-Duplex
Districts Through the Extension or Renewal of a Conditional Use Permit or
Use Permit.
Applicant: Smith Pipe and Supply
INTRODUCTION
This report recommends that the City Council introduce for first reading an ordinance to
modify Section 9.04.18.040 (termination of nonconforming commercial and industrial uses)
to continue existing nonconforming commercial and industrial uses in the R1, R2, R2R, R3,
R4, RVC, OP-1, OP-2, OP-3, OP-4 and OP-Duplex Districts through the extension or
renewal of a conditional use permit or use permit. The applicant, Smith Pipe, applied for a
zoning ordinance amendment in conjunction with a Conditional Use Permit to allow the
continued operation of a non-conforming commercial office/light industrial use located at
1549 Twelfth Street in the R3 (Medium Density Residential Family) and R3-A (Medium
Density Residential Family with Off-Street Parking Overlay Districts). The Planning
Commission recommended approval of a modified ordinance amendment and approved
the conditional use permit subject to Council approval of the ordinance amendment. The
proposed ordinance is contained in Attachment A.
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BACKGROUND
The applicant proposes amendments to Zoning Ordinance Subchapter 9.04.18.040
(termination of nonconforming buildings and uses) to allow the extension or renewal of a
conditional use permit or use permit authorizing the continued operation of nonconforming
commercial/light industrial uses located in residential zones, in a situation where the
previous conditional use permit or use permit has been of limited duration. Currently,
Zoning Ordinance Section 9.04.18.040(h) requires termination of the nonconforming use
when the permit authorizing the use expires. The approval would be subject to the
conditions that (1) the use was previously permitted through a conditional use permit or
use permit; (2) the use was in operation prior to the adoption of the Zoning Ordinance in
1988; (3) there will be no change, expansion or intensification of the use; and (4) the
findings are made, and approval is granted, for a conditional use permit or use permit.
Additionally, the applicant filed CUP 98-037 to allow the continuation of a plumbing supply
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business and office use located in a residential zone at 1549 12 Street.
Planning Commission Action
The Planning Commission originally considered this item in January 1999. The discussion
included concerns about whether or not the proposed ordinance amendment would set a
precedent for similar allowances for non-conforming uses. Staff was directed to consider
adding language to require justification for an applicant missing a permit renewal date,
allowing the permit to expire, and then requesting reinstatement of the permit.
Additionally, specific to the applicant’s Conditional Use Permit, the Commission suggested
adding conditions to protect neighboring residential uses such as additional screening
requirements and reduced hours of operation. This resulted in an extensive process. The
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applicant conducted noise studies of the site and worked with affected neighbors, and staff
analyzed the applicant’s recommendations in association with the assistance of noise
consultants.
The Planning Commission considered this item again at its December 13, 2000 meeting.
The applicant presented a revised site plan to preserve the existing use and to relocate the
pipe supplies to the other side of the property, away from the neighboring residential
property. The Commission stated that the reconfigured design addressed the noise and
compatibility concerns. Therefore, the Commission directed staff to review the revised site
plan for compliance with the City’s technical requirements, and return with findings and
conditions supporting the Conditional Use Permit and recommending that the Council
adopt the Ordinance Amendment.
The Planning Commission considered the Conditional Use Permit and Ordinance
Amendment again on March 21, 2001. The Planning Commission approved the text
amendment as modified and recommended by staff. The Planning Commission also
approved the corresponding conditional use permit with conditions subject to approval of
the ordinance amendment by the Council. The Planning Commission staff reports are
contained in Attachment D. Minutes of the March 21, 2001 Planning Commission hearing
are contained in Attachment E.
The Planning Commission expressed concern that the ordinance amendment would be
citywide. The Commission inquired about how widespread the application of the proposed
amendment language would be in terms of the number of properties affected and
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potentially benefited by the proposed amendment. In researching this issue, staff found
that only ten existing properties citywide could benefit from the proposed ordinance
amendment (see list of affected properties in Attachment F). Staff also emphasized that
the affected properties could only benefit from the proposed ordinance amendment upon
approval of a conditional use permit or a use permit, subject to Planning Commission
review.
PROPOSED ORDINANCE AMENDMENT
Santa Monica Municipal Code Section 9.04.18.040 (h) would be modified to allow the
continued operation of commercial and industrial uses in residential districts through the
extension or renewal of a limited duration through a conditional use permit or a use permit,
whether or not the permit has already expired, subject to specific conditions of approval.
bold
(Proposed text appears in format)
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:
(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
A limited duration
terminate pursuant to the permit and not this Section.
conditional use permit or use permit may be extended or renewed, whether or
not the conditional use permit or use permit has already expired, upon a
showing that (i) the use has been in continuous operation since the effective
date of the Zoning Ordinance (September 8, 1988), (ii) there will be no change,
expansion or intensification of the use, and (iii) all the findings of fact
established in Section 9.04.20.12.040can be made in an affirmative manner.
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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 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.
Staff supports the proposed amendment as it would allow the continuation of non-
conforming uses on a case-by-case basis through a public review process. Non-
conforming uses would only be permitted to continue in those cases where the use is
compatible with the neighborhood, and specific conditions can be tailored to individual
buildings, uses and sites. The public hearing process would allow for a re-assessment of
the original conditions of approval to determine if additional conditions are necessary to
protect neighboring residences when the permit renewal is requested. Although the
applicant had originally proposed alternative language, the applicant now supports the
amendment as recommended by the Planning Commission and staff.
CONCLUSION
The applicant’s request would allow existing nonconforming commercial and industrial
uses to continue in the R1, R2, R2R, R3, R4, RVC, OP-1, OP-2, OP-3, OP-4 and OP-
Duplex Districts through the extension or renewal of a conditional use permit or use permit.
The proposed ordinance amendment would allow the applicant to continue the office and
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commercial (retail sales of industrial products) use of his property. Staff and the Planning
Commission supports the proposed ordinance amendment because the amendment is
limited in scope; it provides for a case-by case review of projects through the conditional
use permit or use permit process; and it allows for established Santa Monica businesses to
continue to operate as long as the use is conditioned to be sensitive to less-intensive
neighboring properties, and the use is not expanded or intensified.
CEQA STATUS
The project is categorically exempt from the provisions of CEQA pursuant to Class 1 of the
State Implementation Guidelines in that the continued operation of existing private facilities
will not involve any expansion of use beyond that which currently exists. The proposed
project is also exempt from the provisions of CEQA Section 15305 pursuant to Class 5 of
the State Guidelines in that the proposed ordinance contains minor amendments to land
use limitations which do not result in any changes in land use or density.
PUBLIC NOTIFICATION
Pursuant to Government Code Section 65804, notice of the public hearing for the Text
Amendment was mailed to all property owners within 300' of the affected parcels and
published in the “California” section of the Los Angeles Times newspaper at least ten days
prior to the hearing. A copy of the notice is contained in Attachment B.
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report does not have any budget or fiscal impact.
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RECOMMENDATION
It is recommended that the City Council hold a public hearing and introduce for first
reading an ordinance amending Sections 9.04.08.18.040 of the Santa Monica Municipal
Code to allow existing nonconforming commercial and industrial uses to continue in the
R1, R2, R2R, R3, R4, RVC, OP-1, OP-2, OP-3, OP-4 and OP-Duplex Districts through the
extension or renewal of a conditional use permit or use permit, as specified in the attached
Ordinance.
Prepared by: Suzanne Frick, Director
Jay Trevino, AICP, Planning Manager
Amanda Schachter, Principal Planner
Kimberly Christensen, AICP, Senior Planner
City Planning Division
Planning and Community Development Department
NOTE – ATTACHMENTS NOT AVAILABLE VIA ELETRONICALLY
Attachments:
A. Proposed Ordinance
B. Notice of Public Hearing
C. Application Statement & Information from the Applicant
D. November 8, 2000 Planning Commission Staff Report and
March 21, 2001 Planning Commission Staff Report
E. Minutes of the November 8, 2000 Planning Commission Meeting and
March 21, 2001 Planning Commission Meeting
F. List of affected properties
G. Correspondence From the Applicant
SF:jt:as:kc
F:\PLAN\SHARE\COUNCIL\STRPT\TA98007SmithPipe.doc July 5, 2007
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