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
-------