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SR-6-E (26) LYd,mw I~qlp lJ-t f \atty\munl\strpts\mJm\autodeal sr JAN 2 7 1998 City Council Meeting 1-27-98 Santa Monica, California TO Mayor and City Council FROM City Attorney SUBJECT Ordinance Amending Section 9 04 08 26 020 of Article IX of the Santa MOnica Municipal Code to Specify Automobde Dealerships In EXistence on October 1, 1996 as Conditionally Permitted Uses In the C6 Boulevard Commercial Zoning District Introduction At Its meeting of January 20, 1998, the City Council Introduced for first readmg an ordinance adding automobile dealerships legally In eXistence on October 1, 1996 as conditionally permitted uses In the C6 Boulevard Commercial zOning dlstnct The ordmance IS now presented to the City Council for adoption Recommendation It IS respectfully recommended that the accompanYing ordinance be adopted PREPARED BY Marsha Jones Moutne, City Attorney Claudia Thompson, Legal Admin Staff Asst lPE JAN 2 7 1998 f \ PCD SF KG AS PF f \pJan\share\councll\ord\c6ord2 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 9040826020 OF ARTICLE IX OF THE SANTA MONICA MUNICIPAL CODE TO SPECIFY AUTOMOBILE DEALERSHIPS IN EXISTENCE ON OCTOBER 1,1996 AS CONDITIONALLY 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 WH EREAS, 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 district and standards which prohibit the expansion of eXisting land uses which are not permitted nor conditionally permitted, and . , J WHEREAS, pursuant to Section 9 04 20 16 020(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 distriCt, and WHEREAS, on October 8, 1997, the Plannmg CommIssion held a public heanng on the proposed zoning text amendments which would amend SectIon 9 04 08 26020 of the Zoning Ordinance to specify automobIle dealerships In eXistence on October 1, 1997 as permitted uses In the C6 Boulevard Commercial zoning dlstnct prOVided that such dealerships may not resume operations If converted to another use or If operatrons 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 heanng 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 Dlstnct 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 fmds and declares that the proposed amendment IS consistent In principle With the goals, obJectives, poliCies, land uses, and programs 2 . l speCified In the adopted General Plan, specifically Land Use Element Objective Policy #1 6 which states that the commercial corridors of the City should uAccommodate commercial uses which serve regional, community and local needs while respecting the adjacent residential nelghborhoods~ and automobile dealers are uses patromzed 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, Hornburg Jaguar, Inc at 1601 Wilshire Boulevard, W I SImonson, Inc 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 permitted 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 dlstnct 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-conforming use regulatlons which prohibIt such expansion since eXisting auto dealers In the C6 dlstnct are not classified as permitted or conditionally permitted uses NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF SANTA MONICA 3 - ------ , ~ DOES HEREBY ORDAIN AS FOLLOWS SECTION 1 Article IX of the Santa MonIca MUnicIpal Code IS amended to read as follows Section 9040826040 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 flfly thousand square feet (e) Homeless shellers 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 4 - --- - --- . t . 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 1 ~ I '1 p /l /' . r ._ I I ~.... I I '..h- L <'~ u~ ~ ,_' <.--(, <:'.-, ..ca..c i L('C -- MARSHA JONES MOUTRIE City Attorney 5 . I 4y1"7- ~L~ Raben Holbrook, Mayor State of Cahforrna ) County of Los Angeles ) ss CIty of Santa Maruca ) I, Mana M Stewart. CIty Clerk of the City of Santa Maruca, do hereby certIfy that the foregomg Ordmance No 1896 (CCS) had Its first readmg on January 20. 1998, and was adopted on January 27, 1998 by the followmg vote Ayes CouncIl members Ebner. Femstem. Genser, Greenberg, Holbrook, O'Connor, Rosenstem Noes Council members- None Abstam CouncIl members None Absent Council members None ATTEST ~~~~ Mana M Stewan, City Clerk