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O1809 "--- . I f:\atty\muni\laws\mhs\autoord City Council Meeting 7-25-95 Santa Monica, California ORDINANCE NUMBER 1809 (CCS) (City council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING ARTICLE IX OF THE SANTA MONICA MUNICIPAL CODE TO ALLOW FOR THE EXPANSION OR INTENSIFICATION OF AUTOMOBILE REPAIR FACILITIES IN THE BCD, e2, C3 AND C3-C ZONING DISTRICTS WHEREAS, on February 7, 1995, the city Council directed staff to investigate the issue of allowing existing automobile repair facilities to expand in the C3 and C3-C zoning districts; and WHEREAS, the City Council had previously directed staff to investigate ways to grandparent existing automobile repair facilities and allow for their expansion in the BCD and C2 zoning districts; and WHEREAS, on March 16, 1995, an application was filed for a Zoning Text Amendment in the C3-C zoning district to amend the Zoning Ordinance to enable an existing automobile repair facility to expand; and WHEREAS, on April 12, 1995 the Planning commission adopted a Resolution of Intention announcing its intention to recommend amendment of the Comprehensive Land Use and Zoning Ordinance to grandparent existing auto repair facilities in the BCD, C2, C3 and 1 . . C3-C zoning districts and allow for their expansion with the issuance of a conditional use permit; and WHEREAS, the Planning Commission held a public hearing on the proposed amendment on May 17, 1995, and made recommendations to adopt the amendment to the City Council following the hearing; and WHEREAS, the City council held a public hearing on the proposed zoning text amendment on July 11, 1995; 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 proposed zoning text amendment contained in the ordinance is consistent with the Land Use and Circulation Element of the General Plan, and in that the proposed amendment allows for the provision of neighborhood commercial uses in the Downtown and the mitigation of any adverse impacts on adjacent and surrounding land uses that an expanding or intensifying automobile repair facility might produce; and WHEREAS, the public health, safety and general welfare requires the adoption of the proposed Text Amendment, in order to provide needed services to the public at the same time preserving the quality of life in adjacent and surrounding land uses, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 9.04.08.14.040 of the Santa Monica Municipal Code is amended to read as follows: 2 e e 9.04.08.14.040 conditionally permitted uses. The following uses may be permitted in the Broadway Commercial District subject to the approval of a Conditional Use Permit: (a) Expansion or intensification of automobile repair facilities existing as of July 11, 1995. (b) Homeless shelters with fifty-five beds or more. (e) Service stations. SECTION 2. Section 9.04.08.16.040 of the Santa Monica Municipal Code is amended to read as follows: 9.04.08.16.040 conditionally permitted uses. The following uses may be permitted in the C2 District subject to the approval of a Conditional Use Permit: (a) Banks and savings and loan institutions. (b) Expansion or intensification of automobile repair facilities existing as of July 11, 1995. (c) Homeless shelters with fifty-five or more beds. 3 . e (d) Medical, dental, and optometrist offices provided that the use does not exceed twenty-five percent of the total square footage of the building r or three thousand square feet, whichever is less. (e) Restaurants of fifty seats or less at which alcohol is served or consumed. (f) Service stations. (g) Take-out or fast food restaurants. (h) Theaters over seventy-five seats. SECTION 3 . section 9.04 .08 . 18 . 040 of the Santa Monica Municipal Code is amended to read as follows: 9.04.08.18.040 Conditionally permitted uses. The following uses may be permitted in the C3 District subject to the approval of a Conditional Use Permit: (a) Automobile parking structures. (b) Bed and breakfast facilities. (c) Billiard parlors. (d) Bowling alleys. (e) Cinemas. (f) Clubs and lodges. (g) Convention and conference facilities. 4 e e (h) Expansion or intensification of automobile repair facilities existing as of July 11, 1995. (i) Funeral parlors and mortuaries. (j) Homeless shelters with fifty-five beds or more. (k) Liquor stores. (1) Nightclubs. (m) Open-air farmers markets. (n) Service stations. (0) Skating rinks. (p) Take-out restaurants. SECTION 4. section 9.04.08.20.040 of the Santa Monica Municipal Code is amended to read as follows: 9.04.08.20.040 Conditionally permitted uses. The following uses may be permitted in the C3-C District subject to the approval of a Conditional Use Permit: (a) Auditoriums. (b) Automobile parking lots and structures. (c) Billiard parlors. (d) Bowling alleys. (e) Cinemas. 5 e e (f) Clubs and lodges. (g) Convent ion and facilities. (h) Expansion or intensification of automobile repair facilities existing as of July 11, 1995. (i) Homeless shelters with fifty-five conference beds or more. (j) Hotels and motels. (k) Liquor stores. (1) Nightclubs. (m) Offices at the ground floor street frontage. (n) Open-air farmers markets. (0) Restaurants where entertainment and dancing occurs. (p) service stations. (q) skating rinks. (r) Take-out and fast-food restaurants. SECTION 5. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of the Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to effect the provision of this Ordinance. 6 e . SECTION 6. 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 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 7. 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 30 days from its adoption. APPROVED AS TO FORM: /11~~ MARSHA JONE~OUTRIE City Attorney 7 e e ;!Jf~ Mayor State of CalIforrua ) County of Los Angeles) ss CIty of Santa MOnIca ) I, Beth Sanchez, Actmg CIty Clerk of the City of Santa MOllICa, do hereby certIfy that the foregomg Ordmance No 1809 (CCS) had Its first readmg on July 11. 1995 and had Its second readmg on July 25, 1995 and was passed by the follOWIng vote Ayes CouncIl members Abdo, Ebner, Genser, Holbrook, O'Connor, Rosenstem Noes CouncIl members None AbstaIn Council members None Absent CouncIl members Greenberg ATTEST M~) CIty Clerk/ () PROOF OF PUB~lfrTION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Los Angeles, I am a citizen of the United States and a resIdent of the County aforesaId. I am over the age of eIghteen years, and not a party to or Interested In the above-entitled matter I am the pnnclpal clerk of the prrnter of the ......~~.....~.~.~.._........~....4..... ..... .... THE OUTLOOK ......9.........__~.......~ ......... ...4...... a newspaper of general circulation, printed and published .:v.~.I.J..X. JH\Q~)~)J: .~PNDA y . ... ... ...... In the CIty of .~h.~.TA.MQNJ~^............ County of Los Angeles, and whIch newspaper has been adludged a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, underthedateof.!~~~.~6 19 .~~., Case Number . .;J.H.~J.~....., that the notice, of whIch the annexed IS a pnnted copy (set 1M type not smaller than nonpareil), has been published in each regular and entire Issue of said newspaper and not In any supplement thereof on the followmg dates, to-wrt JULY 29 ....................... ...................... . . ... III ... ... all en the year 19..~.~ I certIfy (or declare) under penalty of pequry that the foregomg IS true and correct Dated at. ..~~.~~TA ~10NICA "'..... ..... ........,.It......~...... Cal..rornla,thls.....~~...dayof...!~~, 19 ..~~. / I l " 1 .. ~.l<~y.r~ h!i....\AL .1\"~ J.t4::......... Signature J F"ee caples of '".s b,_nil torm m.y be secured Irom CALIFORNIA NEWSPAPER SERVICE BUREAU, INC. legal AdvertISing Clearing House POBox 3 1 Los Angeles CA 90053 TelepnOl1e 625-2541 Ple~se reque$t GENERAL P,.oof of Publlcafloll .....IIen ordennq ,,"S farm This space IS for the aty Clerk's Filing Stamp Proof of PublIcation of ~.~............................~................~....._..a EO 7.198 City of Santa Monle& OrdinaDce Number 1809 fCC8) <City Council SenQ) AN ORDINANCE OF THE CITY COUNCn. OF -.-.tl.l!; CITY OF SANTA MONICA AMENDING ARTICLE IX OF 'hi)!; SANTA MONICA MUNICIPAL CODE TO ALLOW FOR 'hu; EXPANSION OR INTENSIFICATION OF AUTOMOBn.E REPAIR FACILnu;S IN 1'H.)!; BCD, C2, C3 AND ca.c ZONING DISTRICTS The followmg 1S a lummary of Ordmance Number 1809 ICCB) prepved by the Office of the City Attorney - Ordmance Number 1809 Ices) ("the Onhnance") amends Article IX of the Santa MO!llca MumC1p81 Code to allow for the exp8I1BJOn or mtensJ.tieatJon of emstJng auto reparr fac1btles In vanouI Zomng DIStrIct In the City through the Conditional Use Penmt process Bpecrlically, MUntClpal Code Sections 9040814040, 904 08.16 040, 904 08 18 040. and 9 04 08 20 040 are Bmended to allow for the exp&n81on or ~Ii_ cation of automobile rep8ll' facilities eJWItlng l1li of July 11. 1995 m the fol1owmg Zon- mg Dultncts Broadway Cotnlllemal Dl!ltnct, C2 Thstnct, C3 D18tnct. and C3-D1stnct. OrdmlUlCe Number 1809 (CCS} was adopted on July .25, 1995, and shaII become effective 30 days from Its adoption I, Beth Sanchez, Actmg Clerk, do hereby certify that Ordmance Number 1809 ices) had Jts firBt read1Dg on JuJy 11, 1995. and bad ds seamd J'eadlDg on July 25, 1995. and Willi passed by the fQUowmg vote Ayes Counctlmembel'll Abdo, Ebner. Genser, Holbrook, O.Connor, Roaenstem Noes Couocilinembel'll None Abetam Councilinembens None Absent Councllme:mbers Greenberg is! Beth Sanchez Actmg CIty Clerk The full text of the above Ordmance 18 8VlI11ab1e upon l'SqUellt from the oflice of the City Clerk, located at 1685 Main Street, Room 102, SlInta MomCll Phone (310) 458-8211 Pub July 29, 1995