SR-8-C (32)LUTM:PB:DIiW:bz/k/hoursm2
Council Meeting: March 23, 1993
TO: Mayor and City Caunc~l
FROM: City Staff
~
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Santa Monica, California
SUBJECT: Emerqency Drdinance Establishing a Conditional Use
Permit Requirement for 24-Haur and Other LatE-Night
uses
INTRODUCTION
On F~bruary 23, 1.993, the City Council adopted a 45--day emergency
ordinance limiting the operating hc~urs of auto dealer, auta
repair and mini-mart uses beyond the limitations set forth in the
Zoning ~rdinance. The ardinance also limits the hours of
operation af an auto washing facility currently under
construction on Lincoln Boulevard. The attached ordinance
extends the pravisians of the 45-day ordinance for 10 months and
15 days.
BACKC~ROUND
The City Council adapted Ordinance ~671 {CCS} on February 23,
1493. The ordinance, effective for a 45-day periad, requixes a
Conditional Use Permit (CUP} for auto dea~er, auto repair, and
mini-mart uses if such uses operate any time between the hours af
10:00 p.m. and 7:fl0 a.m. and are located wa.thin 100 feat of a
residenti.al zoning district. In addition, the ordinance
~ff~ctively prohibits ~he operation of a ear wash curr~ntly under
G071St~'t2Ct10I? on Lincoln Baulevard between ~0:00 pm and 7:00 am.
~
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At the February 23 Council meeting, the Council requested
cZarification on the relationship af existing restrictions ~n
hours o~ operation on the regulated uses. In the commercial
districts where auto repair is allawed, the Zoni~g Ordinance
requires a CUP, and under the CUF standards, auto repair
operatians may not occur between 8:00 pm and 7:00 am. However,
in the M1 district, auto repair uses an parce3.s r~ot abutting a
residentia~ district do not require a CUP and wouid not have any
li~nits an hou~s of aperation. The emergency ordinance adopted by
the Cauncil would require a CUP in the M~ district for such uses
if located within 100 feet of a residential district. Auto
de~~.ers do not have any ~i~its on haurs af operatian in the
existing Zoning Ordinance, except that any auto repair component
must co~ply with the 8:00 pm to 7:00 am limits set forth in the
Zoning Drdinance auto repair standards. The Zaning Ordinance
does not r~gu3.ate mini-~aart hours o~ operation.
To clazify the relatianship between the emergency ordinance and
the existing limits on hours of aperation ~~r a~to repair,
Section 5 0€ the emergency ordinance has been amended. This
section indicates that the interim ordinance daes not remove any
existing restrictians or add any rights not currently applicable
tv auta repair businesses.
The Council alsa requested that staff rev~ew the issue of whether
the hours of operation for uses besides those listed in the
emergency ordinance should be regulated. In that the genesis af
the ordinance was an an auta-related use, and the ardinance
effectively regulates that ~se as well ~s other auto--related
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AT~'ACI~EN'I-' A
CA:MHS:carint2\hp\pc
City CouncXl Meeting 2-23-93 Santa Monica, California
ORDiNANCE NLIMBER 1671(CC5)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA M~NICA
REQUIR~NG A CONDITIONAL USE PERMIT
FOR CERTAIN COMMERCIAL USES ON AN ZNTERIM BASIS
AND CIECLARING THE PRESENCE ~F AN EMERGENCY
THE CITY COUNCIL OF THE C~TX OF SANTA MONICA DOES
ORDAIN AS FOLLQWS:
SECTION l. Findings and Purpose. The City Council finds
and declares:
{aj Numerous commerciaZ uses in the City have operating
hours which extend beyond ten p.m. When such uses are in ciose
proximity to residential uses, and inva].ve significant outdoor
activity or generate automobile traffic~ there is a potential for
an adverse effect an the nearby residential uses fram iritrusive
noise and light. In addition, certain commercial uses such as
Auto~obile Washing Facilities pase a potentia~ adverse effect on
the nearby residential uses regardless of hours af aperatian.
(b) The City intends to review the Zoning ordinance to
determine when a conditional use permit should be required for
cammercial uses which have ~xtended haurs of aperation, and ~or
Automo]~ile Washing Facilities. Before the 2oning ~rdinance is
amendedr th~ potential for approval of commercial projects with
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extended hours of aperatian, or of Autam~bile Washing Facilities
without requiring a canditional use permit poses a current and
~mmediate threat to the public health, safety, and welfare af the
residents, and the approval of permits for such de~elopment wouid
result in a threat to public health, safety, and welfare in that
such appravals wauld not appropriately take inta accaunt the
potential e~fect on the integrity and character of the district
in whzch tha use is located; the compat~bility of the use with
the surraunding neighborhaad and general area in which the use ~s
to be located; and other potential detrimentai effects on the
public interest, health, safety, convenience, and general
we~fare.
(c) Pending the study and possible amendment of the Zoning
Ordinance, it is necessary, Qn an interim basis, to require a
canditional use permit for certain commercial uses with extended
hours of operation, and for Automobile Washing Facilities.
SECTION 2. Interim Zoning.
(a} The Planning Commission and City staff are directed ta
disapprave aZI requests for the issuance of building permits and
tentative maps, administrative approvals, development review
permits, business licenses, certificates of occupancy, or any
other City permits for pro~ects which involve the fallowing
comme~cial uses, when such uses operate any time batween the
hnurs of l0 p.m, and 7 a.m. , ar~d are located within ].OQ feat of a
residential zoning district, unless a conditianal use permit is
obtained in accordance with the provisians of Part 9.~4.20.12,
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Sections 9.04.2D.12.010 through 9.04.2a.12.08~ of the Zoning
Ordinance:
(1) Automobile Dealerships
(2) Autamobile R~pair Facilities
(3~ Mini-Marts.
{b) In addition to the provisians of Section (a), the
Planning Commission and City staff are directed to disapprove all
requests for the issuance of building permits and tentative ~aps,
administrative approvals, deve~op~ent review permits, business
licenses, certificates af occupancy, or any other City permits
for projects which involve Automobile washing Facilities.
SECTIDN 3. Applicability.
The provisions of this Ordinance shall apply to any project
which has not obtained a business license or Certificate of
Occupancy before February 23, 1993, and which involves a new use
or a change o€ usa. For p~rposes af this Ordinance, a new use
shall be considered any use on a site ~or which there has b~en na
previous lega~ use for six months or longer, and a change of use
shall be considered any change in type of use.
SECTION 4. Exceptions.
This Ordinanc~ shail not apply to any Autamobile Washing
Facility which has obtained a bui~ding permit priar to ~ebruary
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9, 1993, and which does not operate between the hours of 1a p.m.
and 7 a.m.
SECTION 5. Interpretation.
This Ordinance shall not be interpreted to allaw any
cammercial uses not atherwise authorized as a p~rmitted us~, ar
subject to a performance standards permit, in any zdning
district.
SECTI~N 5. This Ordinance sha~~ be of no further force and
e~fect 45 days from its adoption, unless prior ta that date,
after a public hearing, noticed pursuant to Santa Manica
Municipal Code Section 9.04.20.22.050, the City Council, by
majority vote, extends the interim ardinance for an additional 10
months and 15 days.
SECTION 7. This Ordinance is declared to be an urgency
measure adopted pursuant to the provisions of S~ctzon
9.04.20.1fi.d60 of the Santa Monica ~unicipaZ Code and 5~cti~n b15
o~ th~ Santa Monica City Charter. It is necessary for preserving
the public peace, health and safety~ and the urgency far its
adopti~n is set forth in the findings above.
SECTION 8. Any provision of the Santa Monica M~nicipal
Cade or appendices thereto inconsistent with the provisions of
this Ordinance, ta the extent of such inconsistencies and no
further, are hereby repealed or madified to that extent necessary
ta effect the pro~isions of this Ordinance.
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SECTION 9. If any saction, subsection, sentence, clause,
or phrase af this Ordinanca is far any reason held ta be invalid
or unconstitutiona~ by a decis~on af any court af any compet~nt
jurisdiction, such decision shall not aff~ct the validity af the
remaining portions of this Ordinance. The City Council hereby
declares that it wauld have passed this Ordinance, and ~ach and
every section, subsection, sentence, clause, or phrase n~t
declared inva~id ~r unconstitutional without ragard to whether
any portion of the Ordinance would be subsequently declared
lnvalid or uncanstitutional.
SECTxON 1Q. The Mayor sha~l sign and the City Clerk shall
attest to the passage of this Ordinance. The City C~erk sha~i
cau~e the same to be published once in the afficial newspaper
within ~5 days after its adoption. Th~s ordinance shall become
effective upan adoption.
APPRQVED AS TO FORM:
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SEPH~LAWRENCE
~ting City Attorney
~
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Adapted and approved this 23~d day of February, 1993.
Mayor
I hereby certify that the foregoing ordinance No. 1671(CCSa
was duly and regtilarly zntraduced at a meeting of the City
Council ~n the 23rd day of February 1993; that the said Ordinance
was thereafter duly adopted at a meeting af the City Counc~l on
the 23rd day o£ February 1993 by the following Council vote:
Ayes: Councilme~ers: Abda, Genser, Greenberg,
Halbroook, Rosenstein, Vazquez
Noes: Councilm~mbers: Olsen
Abstain: CaunciZmembers: None
Absent; Caunailmembers: Nane
ATTEST:
~ ` ~,l %y ~-~.
-f City Clerk /
A~'I'AC~E~1T~' B
CA:MHS:carint2~hp~pc
City Council Meeting 3-23-93 Santa Monica, California
ORDINANCE NUMBER 1678(CCS?
{City Cauncil Series)
AN ORDINANCE OF THE C3TY C~UNCIL
~F THE CITY OF SANTA MONICA
REQUIRING A CONDITIONAL USE PERMIT
FOR CERTAIN COMMERCIAL USES ON AN ~NTERIM BASIS
AND DECLARING THE PRESENCE OF AN EMERGENCY
THE CYTY C~UNCIL OF THE CITY OF SANTA MONICA DOES
ORDAIN AS FOLLOWS:
SECTION 1. Findings and Purpose. The C~ty Council finds
and d~clares:
(a) Numeraus commercial uses in the City have operating
hours which extend beyand ten p, m. When such uses are in close
proxim~ty ta residential uses, and involve significant outdvar
act~vity or generate automobile traffic, there is a patential far
an adverse effect on the nearby residential uses from intrusive
noise and light. In addition, certain commercial usas such as
Automobile Washing Faci~ities pose a potential adverse effect an
the nearby res~dential uses regardless af haurs of operatian.
(b) The City 9.ntends to review the Zoning ~rdinance to
determine when a conditional use permit should be required for
commercial uses which have extended hours of operation, and for
Automobile Washing Faci~ities. Before the Zoning Ordinance is
amended, the potential for approval of cammercial projects with
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extended hours of opera~ion, or of Automobile Washing Facilities
without requiring a conditional use permit poses a current and
~mmediate threat to the pub~ic heal~h, safety, and weifare of the
residents, and the appraval of permits for such development would
result in a threat to public health, safety, and welfare in that
such approvals would not app~apriately take into account the
potentiaZ effect on the integrity and charaeter of ~he d~strict
in which the use is lacated; the compatibility of the use with
the surraunding neighborhood and general area in which the use is
ta be located; and oth~r patential detrimental effects on the
public interest, health, safety, con~~nience, and general
wel~are.
(c) Pending the study and possible amendment of the Zoning
ordinance, it is necessary, an an interim basis, to require a
conditional use permit for certain commercial uses with extended
hours of operation, and for Autamobile Washing Faci~ities.
(dJ On Februa~y 23, ~993 tha Caunc~l adopted Ordinance
Nu~ber 1671(CCS), which is due to expire on April 9, 1993.
Pending the processing of an amendment to ~he Zoning Ordinance,
it is necessary to extend th~ ordinance for an additianal 10
months and 15 days for the reasons set forth above.
SECTIaN 2. Interim Zoning.
(a) The Planning Commiss~on and City staff are directed to
disapprove all requests for the issuance of bu~~ding permits and
tentat~ve maps, administrative approva~s, development review
permits~ business licenses, certificates of accupancy, or any
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ather City permits far pra~ec~s which inva~ve the following
commercial uses, when such uses pperate any time between the
hours af 1fl p.m. and 7 a.m., and are located within 100 feet of a
residential zoning distriet, unless a conditional use permit is
abtained in accordance with the provisions of Part 9.04.20.12,
Sectians 9.04.20.12.010 through 9.04.20.12.080 of the Zoning
~rdinance:
(1) Automobiie Dealerships
(2) Automobile Repair Facilities in the Ml zane
(3) Mini-Marts.
(b) In addition to the provasions of Section (a), the
Planning Commission and City staff are directed to disapprove all
requests for the issuance of building permits and tentative maps,
adm~nistrati~e approva~s, develapment review permits, business
licenses, certifzcates of accupancy, or any other City permits
far projects which involve Automobile Washing Facilities.
SECTION 3. Applicability.
The prav~sions of this Ordinance shall apply to any project
which has not obtained a business license or Certificate of
occupancy before February 23, 1993, and which involves a new use
or a change of use. For purposes of this Ordinance, a new use
shali be considered any use on a site for which there has been na
previous legal use far s~x manths or longer, and a change of use
shall be considered any change in type of use.
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SECTION 4. Exceptions.
This Ordinanca shall not apply to any Automobile Washing
Faciiity which has obtained a building permit prior ta February
9, 1993, and which does not operate between the hours of 10 g.m.
and 7 a.m., unless a conditianal use permit is obtained.
SECTSON 5. Interpretation.
This Ordinance shall not be interpreted to allow any
commarcial uses not otherwise authorized as a pez-mitted use, or
subject to a performance standards permit, ~n any zaning
district, nor to allow haurs af operation beyond the hours
presently authoriaed for any use in any zoning district.
SECTION 6. This Ordinance shall be of no further force and
effect 10 months and 15 days from its adoptian, unless prior to
that date, after a public hearing, noticed pursuant to Santa
Monica Municipal Code Section 9.44.20.22.050, the City Council,
by majority vote, extends the int~rim ordznance.
SECT~ON 7. This Ordinanca is declared to be an urgency
measure adopted pursuant ta the provisions of Sectian
9.04.20.16.a~a of the Santa Monica Municipal Code and Section 615
of the Santa Monica City Charter. It is necessary for preserving
the public peace, health and safety, and the urgency for its
adoption is set forth in the findings abo~e.
SECTION 8. Any provision of the Santa Monica Municipal
Code or appendices thereta inconsis~ent with the provisions of
this Ordinance, to the eXtent af such inconsistencies and na
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further, are hereby repealed or modified to that extent necessary
to effect the provisions of this Ord~nance.
SECTION 9. Tf any section, subsectian, sentence, clause,
or phrase of this Ordinance is for any reason held to be invalid
or unconstitutional by a decision of any court of any competent
jur~sdictian, such decision shall not affect the validity of the
remaining portians 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 deciared
invalid or unconstit~tional.
SECTI~N 14. The Mayor shall sign and the City Clerk shail
attest ta the passage ~f this ardinance. The City Clerk sha11
cause the same to be published once in the oFficial newspaper
w~thin 15 days after its adoption. This Ordinance shal~ become
effective upon adoptian.
APPROVED AS TO FORM:
~~
rOSE H L~iWRE~TCE
~cti g City Attorney
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Adopted and agproved this 23rd day af March, 1993.
`-~ l"~ f!?
l~or
I hereby certify that the foregaing ~rdinance No. 1678(CCS)
was duly and regularly in~roduced at a m~eting af the ~ity
Council. on the 23rd day of March 1993; that the said Ordinance
was thereafter duly adopted at a meeting of the City Council on
the 23rd da~r of iµiarch 1993 by the fa~lowing Council vote:
Ayes: Counci~members: Abdfl, Greenberg, Holbrook,
Rosenstein, Vazquez
Noes: Councilmembers: Gensar, Olsen
Abstain: Cauncilmembers: None
Absent: Councilmembars: None
ATTEST:
~ , .~~~C~~
- City Cle~k