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SR-8-C (33) ~=~ LUTM:PB:DKW:hz/k/hoursm Council Meeting: February 23, 1993 Santa Monica, California TO: Mayor and City council FROM: city staff SUBJECT: Emergency Ordinance Establishing a permi t Requirement for 24-Hour and Uses Conditional Use other Late-Night INTRODUCTION On February 9, 1993, the City Council directed staff to prepare an emergency ordinance requiring a Conditional Use Permit (CUP) for certain late night uses. An ordinance consistent with Council direction is attached as Attachment A. staff has some concerns with the broad scope of the draft ordinance, and has prepared an al ternati ve ordinance for consideration (see Attachment B). BACKGROUND The City Council directed the preparation of an ordinance which would require a CUP for commercial uses operating between 2:00 AM and 7:00 AM, or between 10:00 and 7:00 AM if the use is located within 300 feet of a residential district. The Council indicated that office uses and other non-customer oriented uses should be exempt from the ordinance. An ordinance consistent with this direction is provided as Attachment A. staff is concerned that this ordinance may affect uses which are not the source of problems which generated the request for the - 1 - 8' -c.... fEB 2 3 1993 ordinance. Because of the zoning pattern of the ci ty , most commercial areas are within 300 feet of a residential district, and therefore there are numerous potential businesses which would be impacted by the proposed regulations. A 30Q-foot distance would impact a business which is more than one lot removed from a residential district, and would in many cases require a CUP for a business which is on the opposite side of a major boulevard from a residential district (for example a business on the south side of Wilshire in the downtown area). Given that impacts which are of concern would primarily be to immediately adjacent lots, the 300-foot distance appears excessive. The proposed ordinance would require a CUP for affected businesses anywhere in the city which propose to operate past 2:00 AM or before 7:00 AM. This would impact businesses in the downtown, in the Special Office District, and in the industrial areas which are not near residential districts. The ordinance in Attachment A would limit the hours of operation of restaurants, pharmacies, markets and service stations, which provide important community services, utilized by many persons during late night or early morning hours. There are also a number of retail outlets that operate beyond 10:00 PM that might find their operations significantly impacted by the regulations. Moreover, these uses are likely not the source of the type of problems of concern to the Council. Further, the ordinance would impact changes of ownership where a new business license is required. For example, if a new owner applied for a business license for an existing restaurant which historically operated - 2 - past 10:00 PM or before 7:00 AM and was within 300 feet of a residential district, the ordinance set forth in Attachment A would require the new owner to obtain a CUP. Given these concerns, staff has drafted an alternative ordinance which limits the operations of certain specific uses which tend to be those with the greatest potential for noise and other impacts on nearby residential areas. These uses would include auto repair, auto washing facilities I auto dealers and mini-marts. The ordinance set forth in Attachment B would only affect such uses if they are located within 100 feet of a residential district, and would not affect ownership changes of existing businesses. Such uses would require a CUP to operate between 10:00 PM and 7:00 AM. The alternative ordinance would also require a CUP for new auto washing facilities unless such uses have already obtained a building permit. If the Council wishes to adopt any standards on an emergency basis lit would appear prudent to narrowly focus any standards limiting operating hours on a limited set of uses. If a broader ordinance appears appropriate, consideration of such standards should be through a non-emergency public hearing process which would provide the opportunity for affected persons to be notified and participate in the public debate. - 3 - BUDGET/FINANCIAL IMPACT Depending upon the action taken by the Council, there may be an indeterminate negative effect on business license and other tax revenues. Additional CUP applications could increase the need for added permit processing staff, or if no such resources were provided, adversely affect permit processing time for a range of permits. RECOMMENDATION It is recommended that the Council consider the issues raised in the staff report and take appropriate action. If the Council wishes to adopt standards limiting operating hours, it is recommended that the ordinance set forth in Attachment B be considered. Prepared by: Paul Berlant, LUTM Director D. Kenyon Webster, Planning Manager k/hoursm February 18, 1993 Attachments: A. Version 1 of Emergency Ordinance B. Version 2 of Emergency Ordinance - 4 - ATTACHMENT A l ~ ~ _ ~ CA:MHS:carint2\hp\pc City Council Meeting 2-23-93 Santa Monlca, California ORDINANCE NUMBER 167l(CCS) (City council Serles) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REQUIRING A CONDITIONAL USE PERMIT FOR CERTAIN COMMERCIAL USES ON AN INTERIM BASIS AND DECLARING THE PRESENCE OF AN EMERGENCY THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Findings and Purpose. The City Council finds and declares: (a) Numerous commercial uses in the City have operating hours which extend beyond ten p.m. When such uses are in close proximity to residential uses, and involve significant outdoor act1vity or generate automobile traffic, there is a potential for an adverse effect on the nearby residential uses from intrusive noise and light. In addition, certain commercial uses such as Automobile Washing Facilities pose a potential adverse effect on the nearby residential uses regardless of hours of operation. (b) The City intends to review the Zoning Ordinance to determine when a conditional use permit should be requ1red for commercial uses which have extended hours of operation, and for Automobile Washlng Facilities. Bef ore the zoning ordinance 15 amended, the potential for approval of commercial projects with - 1 - extended hours of operation, or of Automobl1e Washing Facilitles without requiring a conditional use permit poses a current and immediate threat to the public health, safety, and welfare of the res1dents, and the approval of permits for such development would result in a threat to publlC health, safety, and welfare in that such approvals would not appropriately take lnto account the potential effect on the integrity and character of the district in which the use is located; the compatibility of the use with the surrounding neighborhood and general area in WhlCh the use is to be located; and other potential detrimental effects on the public interest, health, safety, convenience, and general welfare. (c) Pending the study and possible amendment of the Zoning Ordinance, it is necessary, on an interim basis, to require a conditional use permlt for certain comrnerclal uses with extended hours of operation, and for Automobile Washing Facilities. SECTION 2. Interim Zoning. (a) The Planning commission and City staff are directed to disapprove all requests for the issuance of building permits and tentative maps, adminlstrative approvals, development review permits, bUSlness licenses, certificates of occupancy I or any other city permits for projects which involve the following commercial uses, when such uses operate any time between the hours of 10 p.m. and 7 a.m., and are located withln 100 feet of a residential zoning district, unless a conditional use permit is obtained in accordance with the provisions of Part 9.04.20.12, - 2 - Sections 9.04.20.12.010 through 9.04.20.12.080 of the Zoning Ordinance: (1) Automobile Dealerships (2) Automobile Repalr Facilitles (3) Mini-Marts. (b) In addition to the provisions of section (a), the Planning Commission and City staff are directed to disapprove all requests for the issuance of buildlng permits and tentative maps, admlnistrative approvals, development review permits, business licenses, certl.ficates of occupancy, or any other City permits for projects which involve Automobile Washing Facilities. SECTION 3. Appllcability. 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 of use. For purposes of this Ordinance, a new use shall be considered any use on a site for WhlCh there has been no previous legal use for SlX months or longer, and a change of use shall be considered any change in type of use. SECTION 4. Exceptions. This Ordinance shall not apply to any Automobile Washing Facility which has obta~ned a building permit prior to February - 3 - 91 1993, and which does not operate between the hours of 10 p.m. and 7 a.m. SECTION 5. Interpretation. This Ordinance shall not be interpreted to allow any commercial uses not otherwise authorized as a permltted use, or subject to a performance standards permit, in any zoning district. SECTION 6. ThlS Ordinance shall be of no further force and effect 45 days from its adoption, unless prior to that date, after a publlC hearlng, noticed pursuant to Santa Monica Municipal Code Section 9.04.20.22.0501 the City Council, by majority vote, extends the interim ordinance for an addltional 10 months and 15 days. SECTION 7. This Ordlnance is declared to be an urgency measure adopted pursuant to the provisions of Sectlon 9.04.20.16.060 of the Santa Monica Munlcipal Code and section 615 of the Santa Monica City Charter. It is necessary for preservlng the public peace, health and safety, and the urgency for its adoption is set forth in the findings above. SECTION 8. Any provision of the Santa Monica Municipal Code or appendices thereto lnconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. - 4 - SECTION 9. If any sect1on, 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 any 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 10. The Mayor shall sign and the C1ty Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be pub11shed once in the official newspaper within 15 days after its adoption. effective upon adoption. This Ordinance shall become APPROVED AS TO FORM: 1\ ,- _ C "'~.YL:..1..:L.~ 1~~-1.0-,,- ~ ~ .f~EPH '\-LAWRENCE \~ting City Attorney - 5 - Adopted and approved this 23rd day of February, 1993. tluL J4r -Mayor I hereby certify that the foregoing Ordinance No. 1671(CCS) was duly and regularly introduced at a meeting of the City Council on the 23rd day of February 1993; that the said Ordinance was thereafter duly adopted at a meeting of the City Council on the 23rd day of February 1993 by the following Council vote: Ayes: Councilmembers: Abdo, Genser, Greenberg, Holbroook, Rosenstein, Vazquez Noes: Counci1members: Olsen Abstain: Councilmembers: None Absent: Councilmembers: None ATTEST: _Lf;:;J,~ -ci ty CT"erk- I -------