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O1804 e e CA:f:\atty\muni\laws\mhs\jiff1 City Council Meeting 6-13-95 Santa Monica, California ORDINANCE NUMBER 1804 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING MUNICIPAL CODE SECTION 9.04.14.050 REGARDING AUTOMOBILE REPAIR FACILITIES WHEREAS, an application was filed to amend Municipal Code section 9.04.14.050 to allow Sunday operation of certain automobile maintenance services under specified conditions; and WHEREAS, the Planning commission held a public hearing on the proposed amendment on February 8, 1995 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 the adopted General Plan, in that the amendment allows certain automobile maintenance services to be performed on Sundays in a manner consistent with Land Use and Circulation Element objective 1 e e 1.6 for Co~mercial corridors, which states that the City shall "accommodate commercial uses which serve regional, community, and local needs while respecting the adjacent residential uses"; and WHEREAS, the public health, safety, and general welfare require the adoption of the proposed amendment, in that the amendment serves to conditionally allow a use which is consistent with the General Plan for Commercial Corridors, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. section 9.04.14.050 of the Santa Monica Municipal Code is amended to read as follows: 9.04.14.050 Automobile repair facilities. The purpose of this section is to provide for the mitigation of potential noise, fumes, litter, and parking problems associated with automobile repair facilities. The special conditions contained in this section are intended to ensure that automobile repair facilities operate harmoniously and are compatible with adjacent and surrounding uses. In the interest of protecting the health, safety, and general welfare of the city and its residents, special conditions shall be imposed on automobile repair facilities, consistent with the goals, 2 e e objectives, and policies of the General Plan. The following special conditions shall apply to automobile repair facilities: (a) Applicability. Automobile repair facilities may be permitted with the approval of a Conditional Use Permit in those districts as provided in Subchapter 9.04.08. Each automobile repair facility, including one which is part of and incorporated within an automobile dealership, shall conform to the property development standards of the district in which it is to be located, with Section 9.04.12.040 or 9.04.14.060, and with this section. Existing automobile repair facilities shall be subject to those provisions of this section as are hereafter specifically described. (b) Minimum Lot size. The minimum lot size for automobile repair facilities not associated with an automobile dealership shall be 7,500 square feet for new lots created by subdi vision or combination after the adoption of this Chapter. (c) Setbacks. An automobile repair facility shall comply with the setback requirements for the district in which it is located. (d) pavinq. The site shall be entirely paved, except for buildings and landscaping. Existing automobile repair facilities that are currently not paved shall conform with this requirement within one year from the 3 e e adoption of this Chapter. (e) Landscapinq. A landscape area at least 2 feet wide shall be provided along the perimeter of the parcel and along building frontages, excluding authorized driveways, so that no less than 10% of the repair facility site not occupied by structures is landscaped. In all other respects, landscaping shall conform to the requirements of Part 9.04.10.04. Existing automobile repair facilities shall comply with this subsection within one year from the adoption of this Chapter. (f) screeninq. If body repair work is performed by the facility, screening approved by the Architectural Review Board shall be provided so that vehicles awaiting repair shall not be visible from surrounding properties or public rights-of-way. Existing automobile repair facilities shall comply with this subsection within one year from the adoption date of this Chapter. (g) structures. Entrances to individual service bays shall not face abutting residential parcels. All structures shall be constructed to achieve a minimum standard Transmission Coefficient (STC) sound rating of 45-50. (h) a.ruse. Refuse storage areas shall comply with section 9.04.10.02.150. ( i) Liqbtinq. All lighting shall comply with section 9.04.10.02.270. 4 e e (j) Repair Activities. All repair activities and operations shall be conducted entirely within an enclosed building. Outdoor hoists are prohibited. Existing automobile repair facilities shall comply with this subsection within one year from the adoption date of this Chapter. (k) Enclosure. Automobile repair facilities performing body and fender work or similar noise-generating activities shall be conducted in fUlly-enclosed structures with walls of concrete block or similar materials and doors in maximum half open posi tion during operating hours. All painting shall occur within a fully enclosed booth. (1) Hours of Operation. In all districts, except on parcels which are more than 100 feet from a residential district, no work shall be performed on automobiles between the hours of 8:00 P.M. and 7:00 A.M., Monday through saturday, and no work shall be performed on Sundays, except as follows. In the C4 District, in approving a Conditional Use Permit, the Planning COn'l'!ll 1.ssion or city Council on appeal may authorize Sunday operations if all of the following are met: (I) The facility's daily business is limited to automobile lubrication and fluid maintenance services, air filter replacement, and/or windshield wiper replacement services; 5 '.../ e e (2) The facility has no vehicular access to or from a residential street; (3) Sunday operations are prohibited before 10:00 a.m. and after 5:00 p.m.; (4) The application of paint to motor vehicles, the performance of body or fender repair work, or the use of pneumatic tools or similar loud power tools shall not be permitted to occur on Sundays; (5) If the facility is located adjacent to a residential district: (i) The facility is separated from the residential district by a pUblic alley or other public right of way, an appropriate physical barrier such as a brick or block wall which buffers adjacent residences from noise, and an appropriate landscape buffer; and ( ii) The garage doors to the service bays do not face the residential district. (m) Litter. The premises shall be kept in a neat and orderly condition at all times and all improvements shall be maintained in a condition of reasonable repair and appearance. No used or discarded automotive parts or equipment or permanently disabled, junked or wrecked vehicles may be stored outside the main building. (n) Sound. Sound generated from the repair facility shall comply with Section 9.04.10.02.310. (0) Abandonment. Any legal nonconforming automobile 6 e e repair facility that is closed continuously for a period of at least six months shall be declared abandoned, except when caused by an act of nature provided reconstruction of the building is commenced within one year of the date the damage occurs and is diligently completed. (p) storaqe. An exterior parking area shall be used for employee and customer parking only and not for the repair or finishing work or long term (over one week) storage of vehicles. No vehicles to be repaired shall be parked or stored on any street or in any alley. 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, are hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. 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 any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The ci ty 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 7 e e 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 official newspaper within 15 days after its adoption. This ordinance shall be effective 30 days from its adoption. APPROVED AS TO FORM: ~. L t<..:-::Z;lL,J ([{u/lt <: MARSHA JONES ~~~RIE City Attorney 8 . e tJ~,~ Mayor State of CalIfornia ) County of Los Angeles) 55 City of Santa MOnIca ) I, ClarIce E Dykhouse, CIty Clerk of the CIty of Santa MOnIca, do hereby certIfy that the foregomg Ordmance No 1804 (CCS) had its first readmg on May 23. 1995 and had Its second readmg on June 13. 1995 and was passed by the followmg vote Ayes CouncIl members Abdo, Ebner, Genser, Greenberg, Holbrook, O'Connor, Rosenstem Noes Council members None AbstaIn CouncIl members None Absent CouncIl members None ATTEST J~f_f/J,~ -city Clerk - (