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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 1 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 2 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 3 (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 4 (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 5 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