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SR-8-A (201) 8A CA:f:atty\muni\strpts\mhs\autoord city council Meeting 7-25-95 Santa Monica, Jutl2fs1i!r TO: Mayor and City council FROM: city Attorney SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING ARTICLE IX OF THE SANTA MONICA MUNICIPAL CODE TO ALLOW FOR THE EXPANSION OR INTENSIFICATION OF AUTOMOBILE REPAIR FACILITIES IN THE BCD, C2, C3 AND C3-C ZONING DISTRICTS INTRODUCTION At its meeting on July 11, 1995, the City Council introduced for first reading an ordinance amending Article IX of the Santa Monica Municipal Code to allow for the expansion or intensification of automobile repair facilities in the BCD, C2, C3 and C3-C Zoning Districts. 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 Moutrie, city Attorney Mary H. Strobel, Deputy City Attorney 8A JUL 2 5 1995 .., .. '. f:\atty\muni\laws\mhs\autoord city Council Meeting 7-25-95 Santa Monica, California ORDINANCE NUMBER 1809 (CCS) (city Council Ser1es) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING ARTICLE IX OF THE SANTA MONICA MUNICIPAL CODE TO ALLOW FOR THE EXPANSION OR INTENSIFICATION OF AUTOMOBILE REPAIR FACILITIES IN THE BCD, C2, C3 AND C3-C ZONING DISTRICTS WHEREAS, on February 7, 1995, the City Council directed staff to 1nvestigate the issue of allowing existing automobile repair facilities to expand in the C3 and C3-C zoning districts; and WHEREAS, the city Councll had previously directed staff to investigate ways to grandparent existing automobile repair facilities and allow for their expansion in the BCD and C2 zoning districts; and WHEREAS, on March 16, 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 automobile repair facility to expand; and WHEREAS, on April 12, 1995 the Planning Commission adopted a Resolution of Intention announcing its intention to recommend amendment of the Comprehensive Land Use and Zoning Ordinance to grandparent existing auto repair facilities in the BCD, C2, C3 and 1 - y 6 . , C3-C zoning districts and allow for their expansion with the issuance of a conditional use permit; and WHEREAS, the Planning Commission held a public hearing on the proposed amendment on May 17, 1995, and made recommendatlons to adopt the amendment to the City Council following the hearing; and WHEREAS, the City Councll held a public hearing on the proposed 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, objectives, policies, land uses, and programs specified in the adopted General Plan, in that the proposed zoning text amendment contained in the ordinance is consistent with the Land Use and Circulation Element of the General Plan, and in that the proposed amendment allows for the provision of neighborhood commercial uses in the Downtown and the mitigation of any adverse impacts on adjacent and surroundlng land uses that an expanding or intensifying automobile repair facility mlght 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, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Section 9.04.08.14.040 of the Santa Monica Municipal Code is amended to read as follows: 2 r \ 9.04.08.14.040 conditionally permitted uses. The following uses may be permitted 1n the Broadway Commercial District subject to the approval of a Conditional Use Permit: (a) Expansion or intensification of automobile repair facilities existing as of July 11, 1995. (b) Homeless shelters with fifty-five beds or more. (c) Service stations. SECTION 2. Section 9.04.08.16.040 of the Santa Monica Municipal Code 1S amended to read as follows: 9.04.08.16.040 Conditionally permitted uses. The following uses may be permitted in the C2 District subject to the approval of a Conditional Use Permit: (a) Banks institutions. (b) Expansion or intensification of automobile repair facilities existing as of and savings and loan July 11, 1995. (c) Homeless shelters with fifty-five or more beds. 3 I I (d) Medical, dental, and optometrist offices provided that the use does not exceed twenty-five percent of the total square footage of the build1ng, or three thousand square feet, whichever is less. (e) Restaurants of fifty seats or less at which alcohol is served or consumed. (f) service stations. (g) Take-out or fast food restaurants. (h) Theaters over seventy-five seats. SECTION 3 . Section 9. 04. 08.18. 040 of the Santa Monica Municlpal Code is amended to read as follows: 9.04.08.18.040 Conditionally permitted uses. The following uses may be permitted in the C3 Distrlct subject to the approval of a Conditional Use Permit: ( a) Automobile parking structures. (b) Bed and breakfast facilities. ( c) Billiard parlors. (d) Bowling alleys. ( e) cinemas. (f) Clubs and lodges. (g) Convention and conference facilities. 4 , \ (h) Expansion or intensification of automobile repair facilities existing as of July 11, 1995. (i) Funeral parlors and mortuaries. (j) Homeless shelters with fifty-flve beds or more. (k) Liquor stores. (1) Nightclubs. (m) Open-air farmers markets. (n) Service stations. ( 0) skating rinks. (p) Take-out restaurants. SECTION 4. Section 9.04.08.20.040 of the Santa Monica Municipal Code is amended to read as follows: 9.04.08.20.040 Conditionally permitted uses. The fallowing uses may be permitted in the C3-C District subject to the approval of a Conditional Use Permit: (a) Auditoriums. (h) Automobile parking lots and structures. (c) Billiard parlors. (d) Bowling alleys. (e) Cinemas. 5 t (f) Clubs and lodges. (g) Convention and facilities. (h) Expansion or intensification of automobile repair facilities existing as of conference July 1.1, 1995. (i) Homeless shelters with fifty-five beds or more. (j) Hotels and motels. (k) Liquor stores. (1) Nightclubs. (m) Offices at the ground floor street frontage. (n) Open-air farmers markets. (0) Restaurants where entertainment and dancing occurs. (p) Service stations. (q) Skating rinks. (r) Take-out and fast-food restaurants. SECTION 5. Any provislon of the Santa Monica Municlpal Code or appendices thereto inconsistent with the provisions of the Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to effect the provision of this Ordinance. 6 , SECTION 6. 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 decislon shall not affect the validity of the remaining portions of thlS Ordinance. The Cl ty Council hereby declares that it would have passed thls Ordlnance, 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 7. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the offlcial newspaper wlthin 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM: ",A ). L .)l~'~(j~ MARSHA JONES~OUTRIE City Attorney 7 , ;fJ~ Mayor State of Cahfoffila ) County of Los Angeles) ss City of Santa MOlllca ) I, Beth Sanchez, Actmg CIty Clerk of the CIty of Santa MOnIca, do hereby certIfy that the foregomg Ordmance No 1809 (CCS) had Its first readmg on J\lly 11. 1995 and had its second readmg on July 25, 1995 and was passed by the followmg vote Ayes Couned members Abdo. Ebner. Genser, Holbrook. O'Connor, Rosenstem Noes CouncIl members None Abstam Council members None Absent CouncIl members Greenberg ATTEST i&ti/aAf~ /~ ) Ctty Clerk/~~