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City Council Meeting 2-16-99
Santa Monica, California
TO Mayor and City Council
FROM CIty Attorney
SUBJECT An Ordinance of the City Council of the City of Santa MOnica Amending
Section 9.0408 15040 ofthe Santa MOnica MUnicipal Code to Conditionally
Permit EXlstmg Auto Repair Businesses Located In the BSC-3 Zonmg District
to Expand or Intensify Provided the Property Is Physically Improved to
Comply With Current Design and Development Standards
Introduction
At Its meeting on February 9, 1999, the City CouncIl Introduced for first reading an
ordinance amending MunIcipal Code Section 90408 15040 to conditionally permit
eXlstmg auto repair businesses located In the BSC-3 Zoning District to expand or Intensify
provIded the property IS phYSically Improved to comply With current design and
development standards The ordinance IS now presented to the City Council for adoption
Recommendation
It IS respectfully recommended that the accompanYing ordinance be adopted
PREPARED BY
Marsha Jones Moutrle, City Attorney
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FEB 2 3 t999
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CIty CouncIl Meenng 2-16-99
Santa MOllica, Cahfomla
ORDINANCE NUMBER 1937(CCS)
(City CouncIl Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SECTION 9 0408 15040 OF THE SANTA MONICA MUNICIPAL
CODE TO CONDITIONALLY PERMIT EXISTING AUTO REPAIR BUSINESSES
LOCATED IN THE BSC-3 ZONING DISTRICT TO EXPAND OR
INTENSIFY PROVIDED THE PROPERTY IS PHYSICALLY
IMPROVED TO COMPLY WITH CURRENT DESIGN
AND DEVELOPMENT STANDARDS
WHEREAS, the BSC District does not permit or conditionally permit new auto
repair businesses, and
WHEREAS, eXlstmg auto repair busmesses In the BSC District are considered
legal non-conforming uses which are only allowed to contmue operation provided the
bUSiness IS not expanded or mtenslfied, and
WHEREAS, there IS a significant daytime commuter workforce and eXisting
downtown auto repair facilities provide these commuters wIth facilIties where they can
drop off their cars and walk to work, thereby provldmg a needed service and redUCing
vehicle tnps to more distant auto shops, and
WHEREAS, thIS zoning text amendment would allow the expansIon or
mtenslficatlon of eXisting legal non-conformmg auto repair busmesses that are located
In the BSC-3 Zoning District subject to a Conditional Use PermIt, provided such
property IS phYSically Improved to comply with current Bayslde special project deSign
and development standards, pedestnan-onented deSign standards. and the special
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auto repair facility conditions for auto repair uses contained In the City's ZOning
Ordmance, and
WHEREAS, on July 8,1997 , the City Council directed the Planmng Commission
to Initiate this zomng text amendment, and
WHEREAS, on May 27,1998, the Planning Commission voted 4 to 2 to
recommend approval of this zOning text amendment to the City CounCil, and
WHEREAS, on February 9, 1999, the City CounCil held a public hearmg on the
proposed text amendment, and
WHEREAS, the City CounCil finds and declares that the proposed amendment IS
consistent In prinCiple With the goals, objectives, poliCies, land uses, and programs
speCified In the adopted General Plan In that the proposed amendment would only
allow eXisting legal non-conforming auto repair uses located In the BSC-3 Zoning
District to be expanded If they make physIcal Improvements to upgrade the
development to conform With current Bayslde District speCial project design and
development standards, pedestrlan-onented design standards, and the speCial
conditions for auto repair uses Allowing the expansion or mtenslficatlon of eXisting
legal non-conformmg auto repair businesses by CU P would proVide the Plannmg
CommiSSion or the City CounCil, on appeal, With the opportunity to review any
application request to ensure that the overall project design IS SUitable for the speCific
location, that the operation would be compatible and operate harmoniously With
surrounding uses, and that the business meets the pedestrian Oriented desIgn and
development standards established for the BSC District. and
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WHEREAS, the City Council finds and declares that the public health, safety,
and general welfare require adoption of the proposed amendment In that the proposed
amendment would: (1) encourage eXisting legal non-conformmg auto repair uses
located In the BSC-3 Zoning District to be physically upgraded to conform to current
Bayslde District special project deSign and development standards, pedestrian-oriented
deSign standards, and the specml conditions for auto repair uses, so that they can
continue to contribute to the area's overall commercial vitality while operating In a
manner that IS harmonrous and compatIble with adjacent and surrounding uses and (2)
provide the daytime commuter workforce In the area with facIlities where they can drop
off their cars and walk to work, thereby prOViding a needed service and reducmg vehicle
tripS to more distant auto shops
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS
SECTION 1 Section 9 04 08 15 040 of the Santa Monica Municipal Code IS
amended to read as follows
9.04.08.15.040 Conditionally permitted uses.
(1) The follOWing uses may be permitted In the
BSC-1 portion of the Bse District subject to the approval of
a conditional use permIt
(a) Bars, subject to the limItations contamed m
Section 9 04 08 15 080
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(b) Billiard parlors
(c) Bowling alleys
(d) CInemas.
(e) Clubs and lodges
(f) Convention and conference facilIties
(g) Fast-food food courts. subject to the limitations
contaIned In Section 9 04 08 15 080
(h) Homeless shelters with fifty-five beds or more.
(I) Hotels and motels
(J) Nightclubs, subject to the limitations contained
In SectIon 9 04 08 15 080
(k) Open-air farmers markets
(I) Skating rmks
(m) Theaters
(2) The followmg uses may be permitted m the
BSC-2, SSC-3 and BSC-4 portions of the sse DIstrict,
subject to the approval of a conditional use permit
(a) Automobile parking lots and structures
(b) Bars, subject to the limitations contained m
Section 9 04 08 15 080
(c) Billiard parlors
(d) Bowling alleys
(e) Cinemas
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(f) Clubs and lodges
(g) Convention and conference facIlities
(h) General offices uses on the ground floor In that
portion of a parcel between twenty-five feet and seventy-five
feet from the front parcel line
(I) Homeless shelters wIth fifty-five beds or more
(J) Hotels and motels.
(k) Nightclubs, subject to the limitations contained
In SectIon 9 04.08 15080
(I) Open-air farmers markets
(m) Skating rmks
(3) In addition to those uses speCified m Subsection
(2) of this Section, the followmg uses may be permitted In
the BSC-3 portion of the BSe District subject to the approval
of a condItional use permit
ExpanSIon or IntensIfication of automobile repair
facilities eXIsting as of July 8, 1997 proVided such property IS
phYSically Improved to comply with the Bayslde District
speCial project deSign and development standards set forth
In Section 9 04 08 15 070 and the special conditions for auto
repair facilities set forth In Section 9 04 14 050
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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
to effect 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 Ordmance 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 elerk 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
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MARSHA JONtS MOUTRIE
City Attorney
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P O'Connor. Mayor
State of Cahforrua )
County of Los Angeles) ss
CIty of Santa MOllIca )
L ).tlana:\-1 Stewart. CIty Clerk of the CIty of Santa Momca. do hereby certIfy that the foregomg
Ordmance No 1937 (CCS) had Its first readmg on February 9,1999 and was adopted on
February 23. 1999 by the followmg vote
.'\ yes
CouncIl members
Femstem. Genser. Holbrook. O'Connor. Rosenstem
~oes
CouncIl members
McKeO\vn
Abstam
CounCIl members
1\ one
Absent
Councd members
None
...
ATTEST
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Mana M Stewart, CIt~ Clerk