O1896
PCD SF KG AS PF
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Council Mtg January 27, 1998
Santa Monica, California
ORDINANCE NUMBER 1896
(City Council Senes)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SECTION 9 04.0826020 OF ARTICLE IX OF
THE SANTA MONICA MUNICIPAL CODE TO SPECIFY AUTOMOBILE DEALERSHIPS
IN EXISTENCE ON OCTOBER 1, 1996 AS CON D ITIONALL Y PERMITTED USES IN
THE C6 BOULEVARD COMMERCIAL ZONING DISTRICT
WHEREAS, the ZOning Ordinance currently does not include automobile
dealerships as permitted uses In the C6 Boulevard Commercial Dlstnct thus classifYing
eXisting dealerships as legal, non-conforming uses, and
WHEREAS, the ZOning Ordinance allows the expansion of eXisting automobile
dealerships In the C6 Boulevard Commercial Dlstnct With either a Performance Standards
Permit or Conditional Use Permit depending on the extent of expansion, and
WHEREAS, the current ZOning Ordinance, therefore, has an Inconsistency between
the procedures established to allow the expansion of automobile dealerships In the C6
Boulevard Commercial zOning dlstnct and standards which prohibit the expansion of
eXisting land uses which are not permitted nor condltlonally permitted, and
WHEREAS, pursuant to Section 9 04 2016 020(a)(3) of the Zoning Ordinance an
application was filed by W I Simonson, Inc for a Zoning Ordinance text amendment to
specify automobile dealerships In eXistence on October 1, 1996 as permitted uses In the
C6 zoning dlstnct, and
WHEREAS, on October 8, 1997, the Planning Commission held a public heanng
on the proposed zOning text amendments which would amend Section 9 04 0826020 of
the ZOning Ordinance to specify automobile dealerships In eXistence on October 1, 1997
as permItted uses In the C6 Boulevard CommercIal zonmg dIstrict provIded that such
dealerships may not resume operations If converted to another use or If operations cease
for a penod of one year or longer unless such closure IS the result of a natural disaster or
fire, and
WHEREAS, the City Council held a public hearing on the proposed ZOning
Ordinance Text Amendment on December 2, 1997 and requested that staff amend the
proposed ordinance to make the treatment of eXisting automobile dealerships In the C6
Boulevard Commercial District consistent With their treatment In the C4 Highway
Commercial Dlstnct In the City by allOWing eXisting automobile dealerships In eXistence on
October 1, 1996 as conditionally permitted uses, 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
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speCified In the adopted General Plan, specifically Land Use Element Objective Policy
#1 6 whIch states that the commercial corridors of the City should "Accommodate
commercial uses which serve regional, community and local needs while respecting the
adjacent residential neighborhoods" and automobile dealers are uses patronized by both
local reSidents as well as reSidents of the region The proposed text amendment Will allow
four auto dealers In eXistence on October 1, 1996 Cars With Class at 1105 Wilshire
Boulevard; Homburg Jaguar, Inc at 1601 Wilshire Boulevard, W I Slmonson,lnc at 1626
and 1700 Wilshire Boulevard and Exotic Cars at 1723 Wilshire Boulevard to remain and
Improve and expand of their faCIlities to better serve the public and to re-open If closed for
more than one year as a conditionally pennltted use
WHEREAS, the City Council finds and declares that the public health, safety and
general welfare requires the adoption of the proposed Ordinance In order that existing
automobile dealerships located In the C6 zoning dlstnct, which proVide valuable goods and
services to the public, may be specified as conditionally permitted uses In the C6 district
and thus be allowed to Improve and expand their faCIlities ThiS text amendment removes
an Inconsistency between the eXisting C6 zOning dlstnct prOVIsions that allow for auto
dealer expansion and the non-conformlng use regulations which prohibit such expansion
since eXisting auto dealers In the C6 district are not classified as permitted or conditionally
permitted uses
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF SANTA MONICA
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DOES HEREBY ORDAIN AS FOLLOWS
SECTION 1 Article IX of the Santa Monica MUnicipal Code IS amended to read as
follows
Section 9 04 08 26 040 Conditionally permitted Uses
(a) Automobile dealerships legally In eXistence on October 1, 1996, prOVided
that such dealerships may not resume operations If converted to another use
(b) ExpanSion of eXisting automobile dealerships Indoor or outdoor area by more
than ten percent, or more than five thousand square feet, whichever IS less
(c) AuditOriums
(d) Department stores over fifty thousand square feet
(e) Homeless shelters With fifty-five beds or more
(f) Hotels and motels
(g) Nightclubs
(h) Service stations
(I) Take-out and fast food restaurants.
(J) Theaters
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, IS hereby repealed or modified to that extent necessary
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to affect 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 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 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 become
effective 30 days from Its adoption
APPROVED AS TO FORM
/r(g<-LJl~j1,,-",<- fr-ee
MARSHA JONES MOUTRIE
City Attorney
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4~- ;dk
Robert Holbrook, Mayor
State of Cahforllia )
County of Los Angeles ) ss
City of Santa Moruca )
I. Mana M Stewart, City Clerk of the CIty of Santa MOllica, do hereby certify that the
foregomg Ordmance No 1896 (CCS) had Its ftrst readmg on January 20_ 1998, and was
adopted on January 27. 1998 by the followmg vote
Ayes CouncIl members Ebner. FelOstelO, Genser, Greenberg, Holbrook,
O'Connor, RosensteIn
Noes Council members. None
Abstam' CouncIl members None
Absent CouncIl members None
ATTEST
~~~~
Mana M. Stewart, CIty Clerk