O2168
f:\atty\muni\laws\barry\T A04001 Robbins-12d.doc
City Council Meeting 9-13-05 Santa Monica, California
ORDINANCE NUMBER 2168 (eCS)
(City Council Series)
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 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
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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 March 16, 2005; and
WHEREAS, the Planning Commission unanimously recommended approval ofthis
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 conditions of
approval to ensure that the continuation of the uses is compatible with neighboring
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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 ofthe 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 SA NT A MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
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,
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:
(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
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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.
(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.
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(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 (i): 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 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:
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(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. ThePlanning 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.
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(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 building 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 designed, approved and built for the
commercial or industrial use(s);
(3) The building is not demolished or substantially remodeled;
(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;
and
(6) The conditional use permit has been extended in accordance with
this subdivision (6). Before extending a conditional use permit, a public
hearing shall be conducted in accordance with Part 9.04.20.22. The findings
of fact established in Section 9.04.20.12.040 (b)-(I) shall be made in an
affirmative manner. The Planning Commission (or City Council on appeal)
may approve, conditionally approve or deny such an extension 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
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Plan, including conditions designed to insure compatibility of the existing
commercial or industrial use with neighboring residential uses.
Notwithstanding the granting 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 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.
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.
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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:
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Approved and adopted this 13th day of September, 2005.
State of California )
County of Los Angeles) ss.
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2168 (eeS) had its introduction on August 9,2005, and was
adopted at the Santa Monica City Council meeting held on September 13, 2005, by the
following vote:
Ayes: Council members: Mayor Pro Tem Katz, Bloom, Genser, Holbrook,
McKeown, Shriver
Noes; Council members; None
Abstain: Council members: None
Absent: Council members: Mayor O'Connor
ATTEST:
~.~~
Maria M. Stewart, "ty Clerk
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