SR-0 (116)PCD SF KG AS PF
f lplar~lsharelcouncillstrptlc6auto
Council Mtg December 2, 1997
TO Mayor and CEty Cour~cil
FRaM City S#aff
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Santa Monica, California
SUBJECT Recommendation to Introduce for First Read~ng ar~ Ordinance AmendGng
Sect~or~ 9 04 O8 26 020 of Article IX of the Santa MonGCa M~n~cipal Code Ta
Spec~fy Automob~le Deaierships an Existence on October 1, 1996 are
Perm~tted Uses ~n the C6 Boulevard Commerc~al Distr~ct Applrcant W I
Srmonson, fnc
This report recommends that the C~ty Counc~t ~ntroduce for fiirst reading an ordfnance to
amend Sect~on 9 04 08 2fi 02~ of Article IX of i~e Santa Mvn~ca Municipal Code to specify
automob~lE dealerships m existence on Octobe~ 1, 1996 are permitted uses in the C6
Boulevard Commercial zoning disfrict, provided that such dea[ersh~ps may not res-~me
operatlvns ~f converted #o another use or if operatior~s cease tor a per~od ot o~e year or
longer ur~less such closure ~s the result of a natural disaster or fire Current zoning
standards do not mclude automob~ie dealersh~ps as pemnttted uses in the C6 district On
October 8, 1997 the Plann~ng Camm~ss~on voted 4-3 #o recommend that the Caty Council
adopt the propased amendment The praposed ordmance is con#ained i~ Attachment A
Currently, the C6 district regulat~ons do not identify ex~st~ng auto dealersh~ps as permitted
uses, but allow such dealerships to expand, sub~ect to either a Performance Standards
Permit or a Conditional Use Permit, depending upon the s~ze of the expansion S~nce
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existing automabEle dealersh4ps are not listed as permitted uses in the C6 district, they are
classified as legal non-canforming uses This results in an incor~sistency t~etween the
procedures estab[EShed for the C6 zonir~g d~strict which allow ex~sting dealershEps to
expand and the {ega! non-conforming use standards where such expansion Es prohib~ted
There are four existing auto dealerships that would be affected by the prapvsed ord~nance
Cars w~th Class at 1105 Wiishire Boule~ard, Hornburg Jaguar, Inc at 1601 Wilshire
Boufevard, W i Simonson, fnc at 1626 and 170~ Wilshire Boufevard and Exat~c Cars at
1723 W~Ish~re Boulevard
Ptannina CommissiQn Actiq~
As proposed in the Planning Cammission staff rep~rt ~Attachment B), the text amendment
would enable automvb~te dealerships in existence on October 1, 199fi to be ciass~#~ed as
perm~tt~d ~rses rn the C6 zonmg district but wauld ~at a11ow a desfershrp ta reopen if the
dealership had con~erted to another use or had c~ased operation for one year or more
At the public hear~ng, the applicant suggested that the proposed tex# language would
adversely affect t~ose dealershrps forced to eiose for one year or mare by unforeseen
events sur,h as a natural disaster or fEre The Comm~ssion subsequently recommended that
an existmg dealership be allowed to resume operatEOns if the establishmer~t was closed
for more than or~e year due to a nat~ral d~saster or fire
The C6 zon~ng d~stnct standards were last amer~ded ~n 1995, when prov~s~ons were
adopted ta allow ex~stmg auto dealersh~ps to expar~d by up to 10% (or 5,OD0 s f} with a
Performance Standards Permit, or to expand by mare than 10°~ or m~re #han 5,OQ0 s f,
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wl~ichever is less, with a Conditianai Use Perm~t At the same time, the Zoning Ordmance
non-conforming use regulat~ons preclude such expar~sions since auto dealers~ips are not
~ncluded as perm~tted uses in the C6 Distr~ct The proposed ordinance will elim~nate this
inconsister~cy Smce this amendment on~y addresses auto dealerships existmg as of
October 1, 1996, or~ly a Itmated number of r~on-conform~ng automobile dealerships (faur}
are affected Further, since this tex# amendment does not authorize the establishment of
new auto deafersf~ips ~r~ the C6 District, the number of deal~rships will not ~ncrease The
proposed #ext amendment wouid also prohibit existing dealerships fram resum~ng
operatrons after conversron to anather use ar from cor~tinurng operatior~s rf the dealersh~p
has been inactive €or a per~ed of one year or longer, uRless the clo~~re of the b~s~r~ess
was the result of a natura! d~saster ar f~re
Conclusion
TF~e proposed ordinance continues to prohib~t the establ~shment af new auto dealerships
in the C6 districi fnstead, the proposal eltminates an inconsistency between the
procedures establ~shed for the C6 zoning distr~ct, which allow exis#ing d~alersh~ps to
e~aand, and the lega3 no~-eonform~ng use standards, wh~ch prohib~t such expans~on, by
classifying automob~te dea{erships m existence on October 1, 199fi as permitted uses
The proposed Text Amendment is exempt from the provisions of CEQA pursuant to Class
5 af the State Guidelmes in thak the propased te~ct amendment w~fi spec~fy that automob~ie
dealerships m existence on Qctober 1, 199fi are permitted uses m the C6 zoning district
The propased text amendment, there#ore, constitutes a mmor land use limitatjon with no
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changes ~n lar~d use or density
PUB~IC NQT~~~CATION
Notice of the public hearing was published in T~~ Outlook at leas# ten days prior to the
date of the Councd hear~ng as requested by Government Cade sect~on fi~091 and Zonmg
Qrdinance Sect~on 9 04 20 22 050 (Attachment C)
BUDGETIFISCAL IMPACT
The recommer~dat~on preSented m this repo~t daes not have any budget or f~scal impact
It is recommended that the City Council hold a publ~c hearing and mtroduce the attached
ordinance for first readmg
Prepared by Suzanne Frick, D~rec#or
Karen G~nsberg, Planning Manager
Amar~da Schachter, SenEOr Pfanner
Paul Foley, Associate Planner
C~ty Plar~ning D~vis~on
PlannEng and Commun~ty Development Departm~n#
Attachments~ A Rroposed Ordrnance
B Planning Commission staff report
C Public notice
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ATTACHMENT A
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PCD SF KG AS PF
f 1planlsharelcour~ci!lordlc6auto
Council Mtg December 2, 1997
Santa Monica, Cal~fornia
ORDWANCE NUMBER _(CCS}
(City Counc~! Se~ies)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MdNICA AMENDING SECTION 9 04 d8 26 020 OF ARTICLE IX OF
THE SANTA MONICA MUNICIPAL CODE TO SPEClFY AUTOMOBILE DEALERSHIPS
IN EXISTENCE QN OCTOSER 1, 1996 AS PERMITTED USES W THE C6
BOULEVARD COMMERCIAL ZONING DISTRICT PROVIDED THAT SUCH
DEALERSHIPS MAY NOT RESUME QPERATIQNS IF CONVERTED T4 ANQTHER
USE 4R tF OP~RATt~NS CEASE FOR A PERIO~ OF QNE YEAR OR ~ONGER
UN~ESS SUCH CLOSURE IS THE RESULT 4F A NATURAL DISASTER OR FIRE
WHEREAS, the Zonmg 4rdinance currently daes nat designate automobile
dealershrps as permrtted uses m the C6 Baule~ard CammercraE Distnct thus ciass~fyrng
exrsting dealerships as legal, nan-cor~form~ng uses, ~nd
WHEREAS, the Zoning Ord~nance authorizes the expansion of automobile
dealersh~ps in the C6 Boule~ard Cornrnercial DFStr~ct with either a Performance Standards
Perm~t or Conditianal Use Permit depend~ng on the extent of expansion, and
WHEREAS, #he Zoning ~rd~nance prohrbEts the expansron or ~xtens~on rr~ area of
any non-cvnfarming land use, and
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WHEREAS, the current Zon~ng Ordinanc~, theretore, has an incons~stency between
the existing C6 zoning distr~ct pro~isians that allow the expansion of automobile
dealerships and the proh~bEt~on agai~st the expansion of legal, non-conformGng uses, ~nd
WHEREAS, pursuant to Section 9.Q4 24.~6 020(a)(3} of the Zon~ng Ordinance an
application was fi9ed by W I Simonsan, Inc for a Zoning Ordinance text amendment to
spec~fy automob~le dealerships m ex~stence on October 1, 1996 as permitted uses ~n the
C6 zonmg d~strict, and
WHEREAS, ort Octaber 8, 1997, the Planning Commiss~on held a public hear~ng
on the proposed zornng text amer~dments, ar~d
Y1/HEREAS, the Planning Comm~ssion recommended amendmg Section
9 Q4 08 26 020 a# the Zoning Ordinance to specify autamobile dealershi~s in ex~stence on
October 1, 1996 as permatted uses in the Cfi Boulevard Commerc~al zonir~g d~str~ct
provEded that such dealerships may r~ot resume ope~atEOns if converted to another use or
if operations cease for a per~od of one year or longer unless such closure is the result of
a natural disaster or fire, and
WHEREAS, the Caty Counc~i held a public hearing on the proposed Zor~fng
Ordxr~ance Text Amendment or~ December 9, ~ 997, ar~c~
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WHEREAS, the City Council ftnds and declares that the proposed am~ndment ~s
cor~sistent ~n prineiple with the goals, ob~ect~~es, pol~cies, land uses, and program~
specified in ths adopted General Plan, spec~f~cally Land Use Element Ob~ective Pol~cy
#'i 6 which states f~at the commerciaf corndors of tF~e Gity shoufd "Accommodate
commercial uses which ser~e regionai, community and local needs wh~~e respecting the
ad~acent residentia! neighboThoods" and automobEle dealers are uses patronized by both
local residents as well as residents of the region
WHEREAS, the proposed text amendment will allow fou~ auto dealers in existence
vn October 1, 1996 Cars with Class at ~ 105 Wilshire Boukevard, Homburg Jaguar, Inc
aEt 1601 Wilshire Boule~ard, W I Simonson, inc at 162fi anc~ 1700 W~ishire Boule~ard and
Exotic Cars at 1723 Wtfsh~re Boulevard, to rema~n and impro~e their fac~lities to better
serve the publ~c,
WHEREAS, the City Counci! finds and declares that the public health, safety and
general welfare requires t~e adaption of the proposed Qrdinance m order that existmg
automat~iie dealerships lacated m the C6 zon~ng d~str~ct, wh~ch prvvide vafuable goods and
services Eo the public, may be spec~fied as permitted uses m the Cfi dcstrict and thus be
allowed to ~mprove and expand the~r facEl~t~es but prahibits new automobile dealerships
from being developed at existing IocatEOns if current operatsons cease for one year or
Ionger unless the closu~e was the res~lt of a natural disaster or f~re
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NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY OR~AIN AS FOLLOWS
SECTION ~ Sect~on 9 a4 O8 26 ~20 of the Santa Mon~ca M~nicipai Code 4s
amended to read as follows
Section 9 04 08.26 a20 Permitted Uses
(a} Appliance repair shops
(b) Art galleries
(c) Art~st studios abo~e the first floor
(d} Automatic ioe dispensing machmes which need not be ~n an enclosed bu~iding
{~~ Autc:~~bile ~er~~c~rsh,p~ in cxis;E~rice on QctobE~r 1 1946, prc~vide:: tFi~t s...,f ~
dealerships ma~r not r~swr,e opera„cns ~` cnnvcrted ta dnotr~c:r us~: or ~f ~~erat~c~rs cE:~,sr
for a penod ~f one yf:~r or langer unlc~~s sucr~ ~los~~rp is t;iF resu;~ of ~ n~tur~l dis~ 5'~r ~r
~~`~~
(e'~(~ Bakeries
{~}(g) Banks and sa~ings and loan instituttons
~g}(h) Barber and beauty sF~ops
.~..
~~ ~,~i us:ness co eges
~{~) Ch~id day care centers
{~(k) Cleaners
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(i~}((I) Clubs and fodges
fF}(m) Cangreg~te housing
(~r}(n} Cultural facilitGes
{~(o) Dance sfud~os
;~~~p) Domest~c v~oience shelters
~~~~q} Electric distribution substations
~}(r) Enclosed storage facilities
{~(s) Exercise facif~ties
(-s~(t) Funeral parlors or ma~tuar~es
{~(u) General offices
~{v} General retail and specialized retail uses
(~}(w) Homeless shelters w~th less than fifty-fve beds
(w~(x} Laundromats
(~r}(y) Medical, dental and optometrist clinics and ~aboratories
fp~(x) Medical equipment rentals
~{aa) Multi-family dwell~ngs
~aa3(bb) Party equipment rentals.
~bl~}(cc} Places o~ warship
(zc}(dd} Photocopy shops
~~~~;ee) Rea! estate affices
~(ff) Restaurants. •
(#}(gg) 5enior group ~ous~ng
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;yyJ1hh) Sen~or housmg
,"',~~~) S{gn ~amting shops
{+ry~} Singfe-family dv~+elling ~n~ts
{~}(kk) S~ngle-room occupancy hous~ng
,~n1(II) Small appliance repa~r st~ops
{~}(mm) Tailors
t~ ~ f,;,;~nn} Theaters
~n3(oo) Trade schools
Foo3~pp) Trans~tional hous~ng
iN~iiqq) Accessory uses wh~ch are determined by ihe Zoning Administrator to be
necessary and customarily associated with, and appropriate, Encidentai, and subordmafe
to, the principal permitted usas and which are cans~stent and no more drsrupti+ve than
permrt#ed uses
.~.~„
~yy f~IT~ ther uses determined by the Zaning Admm~strator to be similar to those
IFSted above and which are cons~stent and no more d~sruptive or d~sturbing than perm~tted
uses
SECTION 2 Any provision of the Santa Mon~ca Munic~pal Code or append~ces
thereto inconsistent with the pro~isions of this Orc~inance, to the extent ofi such
~nc~nsistencies and no further, is hereby repealed or modified to that extent necessary to
affect the pro~isians of this Ordinance
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SECTION 3 If ar~y section, s~bsection, s~ntence, clause, or phrase of this
OrdEnar~ce is for any reason heEd to be ir~valid or unconst~tuttona! by a decision of any court
oi com~e#ent lurisd~ct~s~n, such dec~s~on shall not affe~ the val~d~ty of the rema~r~~n~
port~ons of this Ordinance The City Councii hereby declares that Et would ha~e passed
tl~is Ordinence and each and every ssct~on, subsection, senter~ce, ckause, or phrase not
declared ~nval~d or unconst~tut~onai wEthoui regard to whether any part,on af the ordinance
wouid be subsequently declared Envaiid or ur~const~tutional
SECTiON 4 The Mayor shall sign and the City Clerlc sfi~all attest to the passage of
th~s Ord~nance The City Clerk shaN cause the same to be published once in th~ official
newspaper wit~in ~5 days after its adopt~on This Ordinanc~ shall become effect~v~ 30
days from its adop#ion_
APPROVED AS TO FORM
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MARSHA .~b~ES MOUTRIE
City Attorney
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ATTACHMENT B
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