O1937
F \AITY\~1Ll\I\LAWS\BARRY.AUTO EXP
CIty Connell Meetmg 2-16-99
Santa MOllIca, Cahfornia
ORDINANCE NUMBER 1937(CCS)
(City CouncIl Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SECTION 9 04 08 15040 OF THE SANTA MONICA MUNICIPAL
CODE TO CONDITIONALLY PERMIT EXISTING AUTO REPAIR BUSINESSES
LOCATED IN THE BSC-3 ZONING DISTRICT TO EXPAND OR
INTENSIFY PROVIDED THE PROPERTY IS PHYSICALLY
IMPROVED TO COMPLY WITH CURRENT DESIGN
AND DEVELOPMENT STANDARDS
WHEREAS, the BSC Dlstnct does not permit or conditionally permit new auto
repair businesses, and
WHEREAS, eXisting auto repair businesses In the BSC District are considered
legal non-conforming uses which are only allowed to continue operation provided the
business IS not expanded or Intensified, and
WHEREAS, there IS a significant daytIme commuter workforce and eXisting
downtown auto repaIr facIlities provide these commuters with facIlities where they can
drop off their cars and walk to work, thereby providing a needed service and redUCing
vehicle trips to more distant auto shops; and
WHEREAS, thiS zoning text amendment would allow the expansion or
mtenslflcatlon of eXisting legal non-conformmg auto repair busmesses that are located
In the BSC-3 ZOning District subJect to a Conditional Use Permit, proVided such
property IS phYSically Improved to comply With current Bayslde special proJect desIgn
and development standards, pedestnan-orlented design standards, and the special
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auto repair facIlity conditions for auto repair uses contained In the City's Zoning
Ordinance, and
WHEREAS, on July 8, 1997 , the City Council directed the Planning Commission
to Initiate this zoning text amendment, and
WHEREAS, on May 27, 1998, the Planning Commission voted 4 to 2 to
recommend approval of this zoning text amendment to the City Council, and
WHEREAS, on February 9, 1999, the City Council held a public hearing on the
proposed text 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 proposed amendment would only
allow eXisting legal non-conforming auto repair uses located In the BSC-3 Zoning
District to be expanded If they make physical Improvements to upgrade the
development to conform With current Bays Ide District special proJect deSign and
development standards; pedestrian-oriented deSign standards; and the speCial
conditions for auto repaIr uses. AllOWing the expansion or intenSification of existlng
legal non-conformmg auto repair bUSinesses by CUP would proVide the Planning
Commission or the City CounCil, on appeal. With the opportunIty to review any
application request to ensure that the overall proJect deSign IS suitable for the specific
location r that the operation would be compatrble and operate harmonIously WIth
surroundmg uses, and that the bUSiness meets the pedestrian Oriented deSIgn and
development standards established for the BSC Dlstnct, and
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WHEREAS, the City Council finds and declares that the public health. safety,
and general welfare reqUire adoption of the proposed amendment In that the proposed
amendment would (1) encourage eXisting legal non-conforming auto repair uses
located In the BSC-3 Zoning Dlstnct to be phYSically upgraded to conform to current
Bayslde Dlstnct special project design and development standards, pedestnan-onented
design standards, and the special conditions for auto repair uses, so that they can
continue to contnbute to the area's overall commercial Vitality while operating In a
manner that IS harmOniOus and compatible with adJacent and surrounding uses and (2)
provide the daytime commuter workforce In the area With faCIlities where they can drop
off their cars and walk to work, thereby proViding a needed service and redUCing vehicle
tnps to more distant auto shops
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS
SECTION 1 Section 9 04 08 15040 of the Santa MOnica Municipal Code IS
amended to read as follows
9.04.08.15.040 Conditionally perm itted uses.
(1) The follOWing uses may be permitted In the
BSC-1 portIon of the BSC DIstrict subject to the approval of
a conditional use permit
(a) Bars, subJect to the limitations contained In
Section 9 04 08 15 080
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(b) Billiard parlors.
(c) Bowling alleys
(d) CInemas
(e) Clubs and lodges
(f) Convention and conference facilities
(g) Fast-food food courts, subJect to the limitations
contained In Section 9.0408.15.080
(h) Homeless shelters with fifty-five beds or more
(I) Hotels and motels
(]) Nightclubs, subJect to the limitations contained
In Section 9 04 08 15 080
(k) Open-air farmers markets
(I) Skating rinks
(m) Theaters
(2) The follOWing uses may be permitted In the
BSC-2, BSC-3 and BSC-4 portions of the BSC District,
subJect to the approval of a conditional use permit
(a) Automobile parking lots and structures
(b) Bars, subJect to the limitations contained In
Section 9 04 08 15 080
(c) Billiard parlors
(d) Bowlmg alleys
(e) Cinemas
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(f) Clubs and lodges
(g) Convention and conference facIlities
(h) General offices uses on the ground floor In that
portion of a parcel between twenty-five feet and seventy-five
feet from the front parcel line
(I) Homeless shelters with fifty-five beds or more
(J) Hotels and motels
(k) Nightclubs, subJect to the limitations contained
In Section 9.04.08 15080
(I) Open-air farmers markets
(m) Skating rinks
(3) In addition to those uses specified In Subsection
(2) of thiS Section, the following uses may be permitted In
the BSC-3 portion of the BSC District subJect to the approval
of a conditional use permit
Expansion or intensification of automobile repair
facilitIes eXisting as of July 8, 1997 proVided such property is
phYSically Improved to comply wIth the Bayslde Dlstnct
special proJect design and development standards set forth
In Section 9 04.08 15 070 and the special conditions for auto
repair facilities set forth In Section 9 04 14.050
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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
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 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
IJ
MARSHA JONES MOUTRIE
City Attorney
6
~O~MaYOr
State of CahfornIa )
County of Los Angeles) 5S
Cny of Santa MOllica )
1. ivlana:VI Stewart. Cny Clerk of the Cny of Santa MOllica. do hereby certIfy that the foregomg
Ordmance:--Jo 1937 (CCS) had ns first readmg on February 9. 1999 and was adopted on
February 23. 1999 by the followmg vote
Ayes
CouncIl members
Femstem. Gensel. Holbrook. O'Connor. Rosenstem
Noes
Councll members
McKeown
Abstam
CouncIl members
~one
Absent
CouncIl members
~one
..
ATTEST
~ .~-:~ f\ _ (U:;~~~
Mana:VI Stewart, Cn;\,. Clerk