O2181
f:\atty\muni\laws\barry\baysidehotettextamend2d-1.doc
City Council Meeting 4-25-06 Santa Monica, California
ORDINANCE NUMBER 2181 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCil OF THE CITY OF
SANTA MONICA AMENDING SANTA MONICA MUNICIPAL CODE SECTION
9.04.18.040 TO ALLOW THE CONTINUATION OF EXISTING NON-CONFORMING
HOTEL AND MOTEL USES IN RESIDENTIAL DISTRICTS WITHIN THE OP-3 ZONE
WHEREAS, pursuant to Santa Monica Municipal Code Section 9.04.18 040(b),
nonconforming commercial buildings and uses shall be discontinued by September
2008 if the use is not authorized in the zoning district or overlay district in which the
building is located; and
WHEREAS, the proposed text amendment would authorize legal nonconforming
hotels/motels located on residentially zoned parcels within the OP-3 Zone to continue to
operate if the existing hotel/motel has been in continuous operation since September
1988 or is being operated in compliance with a specified land use permit and the
hotel/motel is not expanded or intensified in use; and
WHEREAS, on July 28, 2005, the owner of the Bayside Hotel, Darius
Nourafshen, filed an application for a text amendment substantively the same as the
proposed text amendment; and
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WHEREAS, the Planning Commission considered the proposed text amendment
at a public hearing on February 15, 2006; and
WHEREAS, the Planning Commission unanimously recommended that the City
Council approve the request as modified by staff; and
WHEREAS, the City Council held a public hearing on this proposed Zoning
Ordinance Text Amendment on April 11, 2006; and
WHEREAS, 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 Objective 1.1 which provides that the quality of life for all residents
should be improved by providing a balance of land uses that are consistent with fulfilling
the City's role as a regional recreational a nd business center, and ensuring fair
treatment of property owners and residents of the City in that this amendment permits
the continued operation of existing non-conforming hotel/motel uses throughout the
useful life of buildings designed for that specific purpose; and
WHEREAS, the public health, safety, and general welfare require the adoption of
the proposed amendment in that the general welfare of the City is enhanced when the
owners of visitor serving hotels and motels are allowed to continue to use of their
building throughout the building's useful life and the continued operation of these hotels
and motels will continue to provide economic benefits to the City and will preserve lower
wage job opportunities to residents and others,
NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF SANTA 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:
Section 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 eftective
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:
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(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 parce I 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 oft-
site or on-site automobile dealersh ip 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.
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(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.
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(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 requi rement, a change of use
shall be defined as any new use which requires more
intense parking standards than exists on the eftective 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
eftective date of this 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 cond itional use permits that do
not contain time limits, except as otherwise provided in this
Section, including subsection (i): five years.
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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 oftice, medical oftice 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 eftective 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 heari ng 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
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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.
(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 eftective 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;
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(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 aftirmative manner. The Planni ng 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 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 eftective date of the Zoning Ordinance and the basic
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operational features of the use and its impact ,on the
neighborhood are not altered.
0) Notwithstanding subsection 9.04.18.040(b), a hotel
or motel located on a residentially-zoned parcel within the
OP-3 Zone shall be permitted to remain provided that it
meets one of the two criteria in subdivision (1) of this
subsection U) and meets the criterion in subdivision (2) of
this subsection U):
(1) The hotel or motel either: (A) has been in
continuous operation since September 1988; or (B) the hotel
or motel was authorized pursuant to an Administrative
Approval, Development Review Permit, Conditional Use
Permit or Development Agreement approval and is being
operated in compliance with such approval; and
(2) Such hotel or motel is not abandoned as provided
in Section 9.04.18.030(b), is not expanded as provided in
Section 9.04.18.030(d) and is not intensified as provided in
Section 9.04.18.030(e).
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 eftect the provisions of this Ordinance.
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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 aftect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance and each and every section, subsection, sentence, clause,
or phrase not declared invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 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
ofticial newspaper within 15 days after its ad option. This Ordinance shall become
eftective 30 days from its adoption.
APPROVED AS TO FORM:
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Approved and adopted this 25th day of April, 2006.
~':'~
,
Robert T. Holbrook, Mayor
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. 2181 (CCS) had its introduction on April 11 ,2006, and was
adopted at the Santa Monica City Council meeting held on April 25, 2006, by the
following vote:
Ayes: Council members: Bloom, Genser, McKeown, O'Connor
Mayor Pro T em Shriver, Mayor Holbrook
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: Katz
ATTEST:
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Maria M. Stewart, City Clerk
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