SR-8-C (84)PCD:PPA:SF:KG:PF
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Council Meeting: Ju~y 1~~ Z995
To: Mayor and City Council
FROM: City Staff
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Santa Monica, CaZifornia
SUBJECT: Recommendation to Conduct a Public Hearing and Introduce
for First Reading an Ordinance to Amend the Zona.ng
OrdYnance to Allow far the Expansion ar Intensification
of Existing Automobil~ Repair Facilities in BCD, C2, C3
and C3-C Zoning Districts
INTRODUCTYON
The px-opased ardinance contains a Zoning Text Amendment which will
allow for the expansion ar int~nsification of existing auto repair
facilities in the BCD, C2, C3 and C3-C zoning districts through the
Conditianal Use Permit (CUP) process. This text amendment will alsa
correct alphabetical and typographicaZ errors, where necessary, in
the affected s~ctions of the Zoning Ordinance.
This staf£ report r~commends that the City Council conduct a public
hearing and introduce for f~rst reading the proposed ardinance ~o
amend the Zoning Ordinance for the BCD, C2, C3, and C3-C Zoning
Districts as contained in Attachment A.
BACKGRflUND
The existing zoning ordinance prohibits the location of new auto
repair facilities in the BCD, C2, C3 and C3-C zones but allows
existing facilities to remain. At present, shauld the existing auto
r~pair uses at these facilities be abandoned for a period of one
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year or mare, the legal non-conforming status would become invalid.
According to Business License information, there are currently 21
existing facilities in these zones.
On February 7, 1995, the City Council adapted a motion asking staff
to in~estigate the issue of allowing existing automobile repair
facilities to expand in the C3 and C3-G Zoning Districts. On March
16, 1995, an appZication for a Zoning Tex~ Amendment in the C3-C
zone was filed by Midas Muffler ta amend the 2oning ordinance on an
interim basis to enable them ta expand their exi.sting facility on
Colorado Avenue with a CUP. In a related matter, the City Couneil
had previausly directed staff ta study ways to grandparent existing
auto repair faeilities and a~.low their expansion in the BCD and C2
zones.
Planning staff has studied the issues and since existing auto
repair facilities are considered ~egal non-conforming uses, the
propased text amendment to the zoninq Ordinance will address the
need to allow these facilities to expand or intensify their use in
the BCD, C2, C3~ and C3-C zoning districts. Nothing in the proposed
text amendment will allow the legal non-conforming auto repair use
status to remain valid should the repair facility be abandoned for
one year or more.
CEQA STATUS
The propvsed T~xt Amendm~nt is categorically exempt from the
provisions of the California Environmer-tal Quality Act (CEQA)
pursua~t to Class 5 of the City of Santa Monica Guidelines for the
rmp~ementation of CEQA.
PLANNING COMMTSSION RECON~+fENDATION
On April 12, 1995, the Planning CommYSSian adopted a Resolution of
In~.ention announcing ~ts intention to hold a public hearing to
consider amending the Zoning Ordinance to allow for the expansian
or intensificatian of existing auto repair facilities in the BCD,
C2, C3 and C3-C zoning districts thraugh the CUP process.
On May 17, 1995, the Planning Commission held a public hearing and
recommended that ~.he City Council conduct a public hearing to
consider the matter and approve the Text Amendment as contained in
Attachment A.
BUDGET/FINANCIAL IMPACT
The praposed Text Amendment will have na budget/financial impact.
ANALYSIS
The recommended Text Amendment will allow existing autamobile
repair facilities ta expand in the BCD, C2, C3, and C3-C 2oning
districts thraugh the CUP process . The proposed text amer~dment will
nat allow the existing automob~le repair uses which are abandoned
for one year nr more to retain their legal non-canforming status.
General Plan Conformance
The propased Text Amendment is consistent with policies eontained
in the Land Use Element of the General P~an. In particular, Land
Use Element Po~icy #1.2.4 states: "Limit the number or control the
location or otherwise mitigate the impact of commercial uses such
as alcohol outlets, gas stations, auto repair shops, auto parts
stores, 24-hour markets, fast food establishments, entertainment
uses, video arcades, and restaurants over Sa sea~s in thase areas
where an over-concentration of the use would have, or the operation
of such uses might have, an adverse impact on the surrounding
neighborhood. While making provisions for appropr~at~ mitigation
measures, insure adequate oppoztunities for ser~ic~ businesses,
including gas stations, auto parts stores, auto repa~r shaps, and
inexpensive restaurants." Also, Land Use Element Palicy #1.7.1fl
states: "Consider methods to encourage the provision of
neighbarhaod cammercial uses in the Downtown district where these
services are needed to support Downtawn residents ." The CUP process
praposed in the Zoning Text Amendment will provide the oppartunity
to mitigate any adverse impacts on adjacent and surrounding land
uses that an expanding ar int~nsifying auta repair facility might
praduce.
STAFF RECdMMENDATION
It is racommended that th~ City Council conduct a pub~ic hearing
and intrad~ce for first reading ~he proposed ordinanc~ to amend the
Zoning Ordinance for the BCD, C2, C3 and C3-C zonzng districts
based upan the following findinqs:
FINDINGS
1. The propased Text Amendment is consistent in principle with
the goa~s, objectives and policies, land uses and programs of the
Ci~y's General Plan, specifically with Land Use Element Poiicies
#~.2.4 and #1.7.10. These policies, while working to insure that
au~o repair facilities are availabl~ to serve the people of the
City, call out the need for assurances that the adverse impacts of
such land uses are mitigated.
2. The public health, safety and g~n~ral welfare requires the
adoptian of the proposed T~xt Amendment language in order to
provide needed services to the public at the same t~me preserving
the quality of life in adjacent and surrounding land uses.
Prepared by: Suzanne Frick, Director, PCD
Karen Ginsberg, Planning Manager
Paul Foley~ Associate Planner
Attachment A: Proposed Ordinance Amending the Comprehensive Land
Use and Zoning Ordinance
ATTACHN~NT A
f:~atty~muni~laws~mhs~autoord
City Council Meeting 7-11-95 Santa Monica, California
ORDINANCE NUMBER {CCS)
(City Council Series}
AN QRDINANC~ OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING ARTICLE IX
OF THE SANTA MONICA MUNICIPAL COD~
TQ ALLOW FOR THE EXPANSTON DR INTENSIFICATION OF
AUTOM~$ILE REPAIR FACILITIES
IN THE BCD, C2, C3 AND C3-C ZONZNG DISTRICTS
WHEREAS, on February 7, 1995, the City Council directed staff
to investigate the zssue of allawing existing automobile repair
facilities to expand in the C3 and C3-C zoning districts; and
WHEREAS, the City Council had greviously directed staff to
investigate ways to grandparent existing automobile repair
facilities and aiiow for their expansion in the BCD and C2 zoning
districts; and
WHEREAS, on March 15, 1995, an application was filed for a
Zoning Text Amendment in the C3-C zoning district to amend the
Zoning Ordinance to enable an existing automabile repair facility
to expand; and
WHEREAS, on April 12, 1995 the Planning Commission adopted a
Resolution of Intentian announcing its intentian to recommend
amendment of the Comprehensive Land Use and Zoning Ordinance to
grandgarent existing auto repair facilities in the BCD, C2, C3 and
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C3-C zoning districts and allow tor their expansion with the
issuance of a conditional use permit; and
WHEREAS, the Planning Cammissian held a public hearing on the
proposed amendment on May I7, 1995, and made recammendations to
adopt the amendment to the City Council following the hearing; and
WHEREAS, the City Council held a pub~ic hearing on the
prQposed zoning text amendment on July 11, 1995; and
WHEREAS, the City Council finds and declares that the proposed
amendment is consistent in principle with the goals, objectivas,
policies, land uses, and pr~grams specified in the adopted General
Plan, in that the proposed zoning text amendment cantained in the
ordinance is consistent with the Land Use and Circulation Element
af tha General Plan, and in that the proposed amendment allows far
the provision of neighborh~od cQmmercial uses in the Downtown and
the mitigation of any adverse impacts on adjacent and surrounding
land uses that an expanding or intensifying autamabile repair
facility might produce; and
WHEREAS, the public health, safety and general welfare
requires the adoption of the proposed Text Amendment, in order to
provide needed services to the public at the same time preserving
the quality of life in adjacent and surrounding land uses,
N~W, THEREFORE, THE CITY CQUNCYL OF THE CITY OF SANTA MONICA
DOES ~RDAIN AS FOLLOWS:
SECTION 1. Sect~on 9.04.08.14.04Q of the Santa Monica
Municipal Code is amended to read as follows:
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9.04.08.14.D40 ConBitionally permitted
uses.
The follawing uses may be permitted in
the Broadway Commercial Dist~ict subject to
the approval ~f a Conditional Use Permit:
;~; kxp.~;;s:c~r sr• i:.ten.,~f ~ :-.~t~~n cf
.~:~ta ~~:i: i ~~~ r~~E~~ ~: !'~~_ i: i r. ~ c~: r x ~:.~ .:rr~ ~~:= c~f
JJ!} 11, lR~~:,.
~~; (k:; Homeless shelters with fifty-
five beds or mare.
'~-`~~} Service stations.
~~~ ,~ ,
SECTION 2. Secti~n 9.04.08.16.040 of the Santa Monica
Municipal Cada is amended to read as follows:
9.04,08,1b.040 Conditionally permitted
uses.
The follawing uses may be permitted in
the C2 District subject ta the approval of a
Conditional Use Permit:
(a} Banks and savings and loan
institutions.
(b) ~.xvan~~ic~ ar i^t~~nsi : i~t~t i~:~ nf
~Lt:~m~:c~i I~~ rc+E.a~r :'ac1 ~ ii ar.:- ~•xi~,t .:~:r ~,~; af
.: ~. I r~ 1 1. 1~~ ~~,,.
; u; ~~~ Homaless sheiters with f ifty-f ive
or mvre beds.
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;~;~~~~ Medical, dental, and optometrist
offices provided that the use does not exceed
twenty-five percent of the total square
footage o~ the b~ilding, or three thousand
5quare feet, whichever is less.
(d) -~e~~,: Restaurants of f ifty seats or
less at which alcohol is served or cansumed.
( c ) ( f ; : ~ r ~ice statians .
,;;~r~; i~ake-out or fast foad restaurants.
~~~ ) r:i ~•i~ ~ ters over seventy-f ive seats .
SECTION 3. Section 9.04.08.18.D40 of the Santa Manica
Municipal Code is amended to read as follows:
9.04.08.18.040 Conditional.ly permitted
uses.
The fallowing uses may be permitted in
the C3 District subject to the approval of a
Conditional Use Permit:
(a)Automobile parking structures.
(b)Bed and breakfast faci7.ities.
(c)Billiard parlors.
(d}Bowling alleys.
{e)Cinemas.
(f)Clubs and ladges.
(g)Convention and conference facilities.
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~h} kxp~::~.~c•~i n: ~~`~~:•if i._at~r:n e~f
:ei:tti~n.~t.] lr t'~~:~:1 r:..~• .~ i t~ c~:. ~~x i:;*.'. ~~~~ ~:, c; ~
.1 ~i 1 ~~ ] 1 . ] ~ -a'~ .
;::; ~~,~~Funera~ parlors and mortuaries.
( i}( ~ y I•_~ ~~~~~ Less shelters with f ifty-f ive
beds or more.
~ ~ ; ( k; I,iquor StOr'~5.
;L;~~~Nightclubs.
~ I; {m;~)pen-air farmers markets.
~ r~; ~r~~ ~•c*r vice stations.
(n} (~; ~-~c~~ting rinks.
(o} (;~; I ~ke-aut restaurants.
SECTI~N 4. Section 9.04.~8.2a.040 of the Santa Monica
Municipal Code is amended to read as follows:
9.04.08.20.040 Conditionally permitted
usea.
The following uses may be permitted in
the C3-C District subject to the approval of a
Conditianal Use Permit:
(a) Auditoriums.
(b) Auta~ttobile parking lots and
structures.
(c) Billiard parlors.
(d~ Bowling alleys.
(e) Cinemas.
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(f) Clubs a~d lodges.
(g) Canvention and conference
facilities.
t r. ) h.xF~i r.: ;'_:,;i nr ~ r~ en~ i ~ i r:r. ` i+~r at
.j~~tnrc3k~ilt~ rn:~s~ar,fac,:~ti~:- ~~xi:~tina a~ ni
.7u:} ti, 1R,Sr:,.
(h) A~~,~~ Ho~eless shelters with f ifty-
five beds ar more.
{i)~~~~' xotels and motels.
( j ) k~l~~r Liquor stores .
{]i)'~~~; Nightclubs.
{ 1) ~~~~~ Of f ices at the ground f loor
street frontage.
'~''~~~.t Open-air farmers markets.
t -~~,
•-• ~ ~ ~ Restaurants where entertainment
~-•, ~...~
and dancing occurs.
{~)~~~ Service stations.
; r; ;~~~; Skating rinks .
{a) ~~~ Take-out and fast-faod
A,.
restaurants.
SECTION 5. Any provision of the Santa Monica Municipal Code
or appendices thereto inconsistent with the provisions of the
Ordinance, ta the extent of such incansistencies and no further,
are hereby repealed or modified to that extent necessary to effect
the provisian of this Ordinance.
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SECTION 5. If any section, subsection, sentence, clause, or
phrase of this Ordinance is for any reason held to be invaZid or
unconstitutianal by a decision of any court of competent
jurisdiction, such decision sha11 not affect the validity af the
remaining portions af this Ordinance. The City Council hereby
dec~ares that it would have passed this Ordinance, and each and
every s~ction, subs~ction, sentence, clause, or phrase not declared
invalid or unconstitutianal without regard to whether any portio~
of the Ordinance would be subsequently declared invalid or
unconstitutional.
SECTION 7. The Mayor sha11 sign and the City Clerk shall
attest to th~ passage of this Ordinance. The City Clerk shall
cause the same to be published once in the official newspaper
within 15 days atter its adoption. This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
~~"1 ~ (q_ _- _
~~~_~_~~
MARSHA J~N MOUTRIE
City Attorney
f:~atty\muni~].aws~mhe~autoord
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