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SR-8-C (32)LUTM:PB:DIiW:bz/k/hoursm2 Council Meeting: March 23, 1993 TO: Mayor and City Caunc~l FROM: City Staff ~ ' '~~ 1" .- ° i:.% 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. ~ - I- I t~-i~:' .: ~ i`: ~,j 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 - 2 - 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 - 1 - 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, -- 2 - 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 - 3 - 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. - 4 - 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: "+ ~-~C/~1.~- U2t' ~ '~ 1~-'~-:'~- "' SEPH~LAWRENCE ~ting City Attorney ~ _ 5 .. 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 ~ 1 - 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 - 2 - 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. - 3 - 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 - 4 - 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 - 5 - 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