City Council Meeting 11-28-95 Santa Monica, California
TO: Mayor and City Council
FROM: City Attorney
SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA AMENDING ZONING ORDINANCE SECTION 9.04.08.56.020
REGARDING PERMITTED USES IN THE NW OVERLAY DISTRICT,
AND AMENDING SECTION 9.04.18.040 REGARDING TERMINATION
OF NONCONFORMING BUILDINGS AND USES
INTRODUCTION
At its meeting on November 14, 1995, the City Council introduced
for first reading an ordinance amending Zoning Ordinance Section
9.04.08.56.020 regarding permitted uses in the NW Overlay
District, and amending Section 9.04.18.040 regarding termination
of nonconforming buildings and uses. The ordinance is now
presented to the City Council for adoption.
RECOMMENDATION
It is respectfully recommended that the accompanying ordinance be
adopted.
PREPARED BY: Marsha Jones Moutrie, City Attorney
Mary H. Strobel, Deputy City Attorney
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City Council Meeting 11-28-95 Santa Monica, California
ORDINANCE NUMBER (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING ZONING
ORDINANCE SECTION 9.04.08.56.020 REGARDING PERMITTED
USES IN THE NW OVERLAY DISTRICT, AND AMENDING
SECTION 9.04.18.040 REGARDING TERMINATION
OF NONCONFORMING BUILDINGS AND USES
WHEREAS, an application was filed to amend the Zoning
Ordinance to allow a hotel in the NW Overlay District to make
certain improvements and to be exempt from the requirement of
removal of the structure within twenty years as a nonconforming
building or nonconforming use; and
WHEREAS, the Planning Commission held a public hearing on the
proposed application and made recommendations to the City Council
following the hearing; and
WHEREAS, the City Council held a public hearing on the
proposed amendment; and
WHEREAS, the City Council finds and declares that the proposed
amendment is consistent in principle with the goals, objectives,
policies, land uses, and programs specified in theadopted General
Plan, in that the text amendment to the NW regulations will allow
the retention of uses which do not create significant neighborhood
impacts; the amendment to the Variance regulations will allow
consideration of replacement of existing nonconforming access
features which would otherwise not be possible to replace or
upgrade; and the amendment to the nonconforming regulations would
clarify existing code provisions in a manner consistent with how
the provisions have historically been interpreted; and
WHEREAS, the public health, safety, and general welfare
require the adoption of the proposed amendment, in that hotel uses
have been in existence in the district since 1957 without causing
adverse impacts in the neighborhood; the amendment to the Variance
section of the code will allow the upgrading and replacement of
existing nonconforming access features; and the amendment to the
Nonconforming section of the code will clarify existing code
provisions;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 9.04.08.56.020 of the Santa Monica
Municipal Code is amended to read as follows:
9.04.08.56.020 Permitted uses.
The following uses shall be permitted in the NW
Overlay District:
(a) All uses listed as permitted uses within the
residential district in which the parcel is located.
(b) Hotels in existence as of January 1, 1995, or
their replacement with a new hotel at an existing hotel
site in conformance with the physical development
standards in effect at the time of such replacement,
provided;
(1) There is no increase in the floor area of
the hotel after January 1, 1995;
(2) Any increase in the number of rooms is
accomplished though subdivision of rooms existing on
January 1, 1995 and does not exceed five percent of the
number of rooms existing on January 1, 1995, or five
rooms, whichever is less; and
(3) All other Zoning Ordinance requirements
are met, including parking requirements for any addition
of rooms after January 1, 1995.
SECTION 2. Santa Monica Municipal Code Section 9.04.18.040 is
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, and RVC 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 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: twenty years. This
subsection (b) 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 storage lots and vehicle sales lots:
five years.
(d) 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 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 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.
(e) Existing commercial or industrial uses in
residential districts with valid conditional use permits
that do not contain time limits: 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.
(f) Notwithstanding any other provision of this
Section, if a conditional use permit for an existing
commercial or industrial use in a residential district
has a specific time period that such conditional use
terminates, the conditional use permit shall terminate
pursuant to the permit and not this Section.
SECTION 3. Santa Monica Municipal Code Section 9.04.20.10.030
is amended to read as follows:
9.04.20.10.030 Applicability.
The Zoning Administrator may grant a variance from
the requirements of this Chapter to:
(a) Allow modification of the minimum lot sizes or
minimum parcel dimensions;
(b) Allow the modification of the number and
dimensions of automobile parking spaces, loading spaces,
and driveway requirements including those set by
Performance Standards, Use Permit Special Standards,
Special Conditions for Conditional Uses, regulations of
the various zoning districts, the Off-Street Parking
Requirements, and the Off-Street Loading Requirements;
(c) Allow the modification of fence heights;
(d) Allow the modification of yard setbacks or
parcel coverage on:
(1) Parcels having a depth of 90 feet or less
or a width of 39 feet or less,
(2) Nonrectilinear parcels or rectangular
parcels on which parallel property lines differ in length
a minimum of five feet,
(3) Parcels with a 12.5-foot grade
differential or more, as measured from either any point
on the front parcel line to any point on the rear parcel
line, or from any point on a side parcel line to any
point on the opposing side parcel line,
(4) Additions to the same floor of an existing
building which is nonconforming as to yard setbacks,
where such addition follows the line of the existing
building but in no case is closer than four feet to a
property line,
(5) Parcels in the CM District on which
relocated structures that are identified on the
Historical Resources Survey as having a value of 1
through 5D or which are determined to be historically
significant by the Landmarks Commission are located. A
variance may apply only to the relocated structure;
(e) For projects conforming to state density bonus
guidelines, allow encroachment into no more than 15
percent of one side yard setback, and into 15 percent of
either the front or rear yard setback, and, except in
those zones where an increase in parcel coverage for
state density bonus projects is already permitted, allow
an increase in parcel coverage by no more than ten
percent of parcel area. In no case shall a rear yard
setback of less than five (5) feet be allowed;
(f) Allow buildings to exceed district height
limits by no more than five (5) feet in one of the
following situations:
(1) If a parcel has a grade differential of
12.5 feet or more, as measured from either any point on
the front parcel line to any point on the rear parcel
line, or from any point on a side parcel line to any
point on the opposing side parcel line,
(2) To allow an addition to an existing
structure that is legally nonconforming as to height
provided the addition does not exceed the height line of
the existing building;
(g) Allow an addition to an existing building that
is legally nonconforming as to height provided all of the
following criteria are met:
(1) The addition does not exceed the height
line of the existing building,
(2) The addition does not exceed two (2)
percent of the total floor area of the building,
(3) The addition does not increase lot
coverage or the overall footprint of the building,
(4) The addition does not increase the density
or number of inhabitants or increase the intensity of use
of the building,
(5) The addition otherwise conforms to the
regulations of the district in which it is located,
(6) There is no feasible alternative method of
attaining the desired use,
(7) There is no substantial adverse impact to
adjacent buildings, existing streetscape, privacy, nor
significant increases to the mass and bulk of the
building;
(h) Allow the replacement of an existing
residential building in an OP District that is legally
nonconforming as to height where the parcel has a grade
differential of 12.5 feet or more, as measured from
either any point on the front parcel line to any point on
the rear parcel line, or from any point on a side parcel
line to any point on the opposing side parcel line
provided the following criteria are met:
(1) The replacement structure does not exceed
the height line of the existing building,
(2) The replacement structure does not
increase the density or square footage beyond the
existing structure or increase the intensity of use of
the building,
(3) The replacement structure otherwise
conforms to the regulation of the district in which it is
located,
(4) There is no substantial adverse impact to
adjacent buildings, existing streetscape, privacy, nor
significant increases to the mass and bulk of the
building;
(i) Allow the modification of the required front
yard setback to allow, in the case of existing
development, a detached garage provided all of the
following criteria are met:
(1) The lot is less than 100 feet in depth,
(2) The on-site use is a single-family
dwelling,
(3) No alley access is available to the site;
(j) Allow the modification of the side yard setback
for primary windows in the OP-2, OP-3 and OP-4 Districts
when the imposition of the required setback would
severely constrain development on the project, an
alternative setback would still satisfy private open
space requirements, and maintain privacy for the
occupants of the project.
(k) Allow an additional story which would otherwise
not be permitted for an existing residential structure
provided all of the following criteria are met:
(1) The existing structure has a finished
first floor level that is more than three feet above
average natural grade or theoretical grade,
(2) The street frontage and overall massing
are compatible with the existing scale and neighborhood
context,
(3) The addition does not enlarge the first
floor of the existing residence such that a non-conforming condition is expanded;
(4) The overall height of the structure with
the additional story does not exceed the height limit in
feet of the zoning district in which it is located;
(5) The addition otherwise conforms to the
regulations of the district in which it is located.
(l) Allow the modification, renovation, or
replacement of nonconforming building access features
such as stairs, ramps, doors, balconies, and windows, or
features that provide shelter and which are located at
the exterior of the building, such as awnings, canopies,
or covered walkways, provided:
(1) The modification, renovation or
replacement is no more intrusive than, and does not
intensify or expand such existing nonconforming features,
and
(2) The modification, renovation or
replacement either improves access to the building or
improves the building's aesthetic appearance.
SECTION 4. Any provision of the Santa Monica Municipal Code or
appendices thereto, inconsistent with the provisions of this
ordinance, to the extent of such inconsistencies and no further,
are hereby repealed or modified to that extent necessary to effect
the provisions of this Ordinance.
SECTION 5. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invalid or
unconstitutional by a decision of any court of any competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby
declares that it would have passed this Ordinance, and each and
every section, subsection, sentence, clause, or phrase not declared
invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 6. The Mayor shall sign and the City Clerk shall
attest to the passage of this Ordinance. The City Clerk shall
cause this ordinance, or a summary thereof to be published once in
the official newspaper within 15 days after its adoption. This
ordinance shall be effective 30 days from its adoption.
APPROVED AS TO FORM:
___________________________
MARSHA JONES MOUTRIE
City Attorney