Planning Commission Holds City's First CUP Revocation Hearing

By Jorge Casuso

Oct. 3 -- For what is likely the first time in the City's history, the Planning Commission held a hearing Wednesday night to revoke a Conditional Use Permit, which is granted when a business proposes a use with unpredictable neighborhood impacts.

The commission, however, did not revoke the permit after the auto dealership at 3223 Santa Monica Boulevard recently complied with the 1995 CUP and agreed to pay for monthly $100 inspections. A follow-up hearing will be held in January.

"Going back 15 years, there hasn't been a revocation hearing" that any staff member recalls, said Jonathan Lait, a senior planner.

"There's never been a CUP revocation hearing for any business in the history of the city," said Planning Commissioner Kelly Olsen, who placed the item on the agenda. "We've been talking about doing this type of stuff for 10 years.

"The planning department has been looking the other way on code enforcement in general but especially CUPs," Olsen said. "How can you have so many formally filed complaints and not one has been brought to the City Attorney or Planning Commission?"

Planning Department head Suzanne Frick did not return calls for comment.

The violations of the CUP came to the attention of the planning commission a year ago, when the Chevrolet new car dealership applied for an expansion of the business.

The violations of some of the 70 conditions of approval included the conversion of significant portions of the subterranean parking garage to auto parts storage, a new car display and vehicle storage and vehicle service uses without required City approval or permits. In addition, a bicycle rack and an electric vehicle recharge station were not provided as conditioned.

Despite indications from the dealership's attorney, Jonathan S. Horne, that the violations would be abated, "recent inspections revealed numerous violations of the conditions of approval and of the Santa Monica Municipal Code," according to the staff report.

"It was clear they were in violation of the CUP," Olsen said after the hearing. "From the get go they were never in compliance with the CUP. I live in the neighborhood, and I saw the violations."

Olsen said that the revocation hearing would likely not have been held if he hadn't placed it on the agenda because for years planning staff has given preferential treatment to businesses.

"You don't mess with businesses because they have attorneys," he said. "They know you can ignore residents because they'll get tired (of filing complaints) and go away."

After the revocation hearing was placed on the agenda, Olsen said, City officials have been "extremely aggressive on this case." As a result the CUP violations have been corrected and the building code violations, which include the use of an adjacent lot for storing cars, will also have to be corrected, Olsen said.