Planning Commission Meeting: March 16, 2005
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,
Applicant: Richard Robbins
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.
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 Streamlining Expiration Date: Not applicable to projects with a Text Amendments.
SITE LOCATION AND DESCRIPTION
· North - Multi-family units in the R-3 (Medium Density Multiple Family) District;
· 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
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.
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.
RENT CONTROL STATUS
The project is a commercial use and therefore has a commercial exemption from rent control.
The project is not subject to any special City Planning related fees.
Government Code Section 65804, notice of the public hearing for the Text
Amendment was published in the “
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.
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
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.
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 Zoning 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.
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:
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 continues 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 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.
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.
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.
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.
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;
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.
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 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.
Public access to the proposed use will be
adequate, in that the existing access from
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.
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
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.
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.
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
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 water heaters, no residential water heaters shall be located on the roof.
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. 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.
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 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.
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 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.
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 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.
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.
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
b. The loading dock doors shall remain closed except during the loading and unloading of trucks
shipments for the office uses may be made from
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.
Prepared by: Sarah D. Lejeune, Associate Planner
A. Applicant’s proposed text amendment language
B. Staff recommended text amendment language
C. Notice of Public Hearing, Site Posting Photograph, Radius and Location Map
D. Conditional Use Permit No. 277
E. Photographs of Site and Surrounding Properties
F. Floor Plans of Existing Property
Proposed Text Amendment Language
(Proposed language in Italics)
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 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 as provided in Section 9.04.18.030; and
(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; and
(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; and
(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 to 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:
(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 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 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 change, expansion or intensification of the use; and
(6) The conditional use permit has been extended or renewed in accordance with this subdivision (6). All the findings of fact established in Section 9.04.20.12.040 (conditional use permit) can be made in an affirmative manner. Before extending or renewing a conditional 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.