O1678
cA:MHS:carint2\hp\pc
city Council Meeting 3-23-93
Santa Monica, California
ORDINANCE NUMBER 1678(CCS)
(city Council Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA
REQUIRING A CONDITIONAL USE PERMIT
FOR CERTAIN COMMERCIAL USES ON AN INTERIM BASIS
AND DECLARING THE PRESENCE OF AN EMERGENCY
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES
ORDAIN AS FOLLOWS:
SECTION 1.
Findings and Purpose.
The City council finds
and declares:
(a) Numerous commercial uses in the City have operating
hours which extend beyond ten p.m. When such uses are in close
proximity to residential uses, and involve significant outdoor
activity or generate automobile traffic, there is a potential for
an adverse effect on the nearby residential uses from intrusive
noise and light.
In addition, certain commercial uses such as
Automobile Washing Facilities pose a potential adverse effect on
the nearby residential uses regardless of hours of operation.
(b) The city intends to review the Zoning Ordinance to
determine when a conditional use permit should be required for
commercial uses which have extended hours of operation, and for
Automobile Washing Facilities.
Before the Zoning Ordinance is
amended, the potential for approval of commercial projects with
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extended hours of operation, or of Automobile Washing Facilities
without requiring a conditional use permit poses a current and
immediate threat to the public health, safety, and welfare of the
residents, and the approval of permits for such development would
result in a threat to public health, safety, and welfare in that
such approvals would not appropriately take into account the
potential effect on the integrity and character of the district
in which the use is located; the compatibility of the use with
the surrounding neighborhood and general area in which the use is
to be located; and other potential detrimental effects on the
public interest, health, safety, convenience, and general
welfare.
(c) Pending the study and possible amendment of the zoning
ordinance, it is necessary, on an interim basis, to require a
conditional use permit for certain commercial uses with extended
hours of operation, and for Automobile Washing Facilities.
(d) On February 23, 1993 the Council adopted Ordinance
Number 1671 (CCS), which is due to expire on April 9, 1993.
Pending the processing of an amendment to the Zoning Ordinance,
it is necessary to extend the ordinance for an additional 10
months and 15 days for the reasons set forth above.
SECTION 2. Interim Zoning.
(a) The Planning Commission and City staff are directed to
disapprove all requests for the issuance of building permits and
tentative maps, administrative approvals, development review
permits, business licenses, certificates of occupancy, or any
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other city permits for projects which involve the following
commercial uses, when such uses operate any time between the
hours of 10 p.m. and 7 a.m., and are located within 100 feet of a
residential zoning district, unless a conditional use permit is
obtained in accordance with the provisions of Part 9.04.20.12,
Sections 9.04.20.12.010 through 9.04.20.12.080 of the Zoning
Ordinance:
(1) Automobile Dealerships
(2) Automobile Repair Facilities in the M1 zone
(3) Mini-Marts.
(b) In addition to the provisions of section (a), the
Planning commission and city staff are directed to disapprove all
requests for the issuance of building permits and tentative maps,
administrative approvals, development review permits, business
licenses, certificates of occupancy, or any other city permits
for projects which involve Automobile Washing Facilities.
SECTION 3. Applicability.
The provisions of this Ordinance shall apply to any project
which has not obtained a business license or certificate of
Occupancy before February 23, 1993, and which involves a new use
or a change of use. For purposes of this Ordinance, a new use
shall be considered any use on a site for which there has been no
previous legal use for six months or longer, and a change of use
shall be considered any change in type of use.
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SECTION 4. Exceptions.
This Ordinance shall not apply to any Automobile Washing
Facility which has obtained a building permit prior to February
9, 1993, and which does not operate between the hours of 10 p.m.
and 7 a.m., unless a conditional use permit is obtained.
SECTION 5. Interpretation.
This Ordinance shall not be interpreted to allow any
commercial uses not otherwise authorized as a permitted use, or
subject to a performance standards permit, in any zoning
district, nor to allow hours of operation beyond the hours
presently authorized for any use in any zoning district.
SECTION 6. This Ordinance shall be of no further force and
effect 10 months and 15 days from its adoption, unless prior to
that date, after a public hearing, noticed pursuant to Santa
Monica Municipal Code Section 9.04.20.22.050, the City Council,
by majority vote, extends the interim ordinance.
SECTION 7. This Ordinance is declared to be an urgency
measure adopted pursuant to the provisions of section
9.04.20.16.060 of the Santa Monica Municipal Code and section 615
of the Santa Monica City Charter. It is necessary for preserving
the public peace, health and safety, and the urgency for its
adoption is set forth in the findings above.
SECTION 8. 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
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further, are hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 9. 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 10. 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 upon adoption.
APPROVED AS TO FORM:
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Adopted and approved this 23rd day of March, 1993.
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or
I hereby certify that the foregoing Ordinance No. 1678(CCS)
was duly and regularly introduced at a meeting of the city
council on the 23rd day of March 1993; that the said Ordinance
was thereafter duly adopted at a meeting of the City council on
the 23rd day of March 1993 by the following Council vote:
Ayes: Councilmembers: Abdo, Greenberg, Holbrook,
Rosenstein, Vazquez
Noes: Councilmembers: Genser, Olsen
Abstain: Councilmembers: None
Absent: Councilmembers: None
ATTEST:
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