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O2384City Council Meeting: 12 -13 -11 Santa Monica, California ORDINANCE NUMBER 2384 (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING THE ZONING ORDINANCE TO ALLOW ALL - ELECTRIC VEHICLE SHOWROOMS IN THE BSC1 DISTRICT ON THE THIRD STREET PROMENADE SUBJECT TO APPROVAL OF A PERFORMANCE STANDARDS PERMIT WHEREAS, the Land Use and Circulation Element of the General Plan (LUCE) identifies the commercial area along the Third Street Promenade as the Downtown Core district; and WHEREAS, the LUCE vision for the Downtown Core district is a thriving, mixed- use urban environment for people to live, work, be entertained and be culturally enriched and where the greatest concentration of activity in the City is located; and WHEREAS, the Downtown Core district is heavily used by local and regional residents and visitors and is where the variety of uses contributes to the high activity level throughout the days and evenings; and WHEREAS, the Third Street Promenade requires and provides pedestrian- oriented uses at the ground; and WHEREAS, Policy D1.1 of the LUCE calls for a diversity of retail opportunities including local and regional serving retail in the downtown; and WHEREAS, Policy D1.3 of the LUCE identifies the Third Street Promenade as an important asset that should be maintained and supported as it serves the needs of the community, is a regional destination and is an important local and southern California center of activity; and WHEREAS, Goal S1 of the LUCE directs the City to reduce greenhouse gas emissions and supporting Policy S1.1 states that the City shall cooperate with the State of California in implementing the provisions of AB 32 to reduce greenhouse gas emissions; and WHEREAS, Goal S2 of the LUCE establishes that the City shall reduce greenhouse gas emissions through land use decisions; and WHEREAS, Goal S10 of the LUCE supports creation of a sustainable local economy that focuses on green jobs, while Policy S10.3 envisions Santa Monica as a green tourist destination by encouraging green retail uses, and Policy S10.4 encourages the City to form partnerships with businesses, nonprofits and stakeholders to address the needs for emerging green businesses with the community; and WHEREAS, electric vehicle automobile dealership showrooms are increasingly being located in non - traditional automobile dealership locations, including the retail shopping centers of San Jose, Los Angeles and Lone Tree, CO; and WHEREAS, in order to encourage environmentally - friendly vehicles and support the City's goals for reducing greenhouse gas emissions and green businesses and jobs, it is desirous that the electric vehicle automobile dealership showrooms be allowed in N commercially prominent locations, including the Third Street Promenade, to support sales of the vehicles; and WHEREAS, the proposed ordinance recommends that the alternative fuel vehicle showrooms on the Promenade be limited to all- electric vehicle showrooms which have recently been locating in unconventional locations, including high pedestrian traffic areas such as shopping centers, with a different retail model that is both smaller in size and designed to highlight the unique qualities of electric transportation and is more analogous to computer or electronic equipment sales typically found in shopping districts like the Promenade as opposed to other alternative fuel vehicles, including hybrid, hydrogen and compressed natural gas (CNG) vehicles, which are typically offered by automobile companies that have large, traditional dealership operations and showrooms that offer a variety of vehicle types fueled by gasoline, as well as diesel or flex fuel (with ethanol); and WHEREAS, a Performance Standards permit is the appropriate permit to allow all- electric vehicle showrooms on the Third Street Promenade, a primarily retail and restaurant activity area, since standards and conditions can be placed on the dealership operations to ensure that adjacent and nearby businesses and residents will not be adversely impacted; and WHEREAS, on September 1, 2011 the Planning Commission adopted a Resolution of Intention to initiate the Zoning Ordinance amendment; and 3 WHEREAS, on October 19, 2011 the Planning Commission voted 3 -3 to forward a recommendation on the proposed Zoning Ordinance amendment to the Council, resulting in a technical denial; and WHEREAS, on October 25, 2011, Councilmember Holbrook appealed the technical denial of the proposed Zoning Ordinance; and WHEREAS, on December 6, 2011, the City Council considered the proposed Zoning Ordinance amendment; and WHEREAS, for the reasons stated above and as further detailed in the December 6, 2011 staff report, the proposed amendment is consistent in principle with the goals, objectives, policies, land uses and programs specified in the adopted General Plan; and WHEREAS, for the reasons stated above and as further detailed in the December 6, 2011 staff report, the public health, safety and general welfare also require the adoption of the proposed amendment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Santa Monica Municipal Code Section 9.04.08.15.030 is hereby amended to read as follows: S 9.04.08.15.030 Uses subject to performance standards permit. (1) The following uses may be permitted in the BSC -1 portion of the BSC District subject to the approval of a performance standards permit: (a) All- electric vehicle automobile dealership showrooms. (2) The following uses may be permitted in the BSC -2, BSC -3 and BSC -4 portions of the BSC District subject to the approval of a performance standards permit: (a) Sidewalk cafes that exceed two hundred square feet in area, subject to the limitations contained in Section 9.04.08.15.080. SECTION 2. Santa Monica Municipal Code Section 9.04.12.180 is hereby added to read as follows: 9.04.12.180 All-Electric Vehicle Automobile dealership showrooms. The purpose of this Section is to ensure that automobile dealership showrooms for electric vehicles are compatible with uses within the BSC1 Bayside Commercial District and do not create an adverse impact on adjacent properties by reason of traffic generation, including road testing of vehicles. The following special conditions shall apply to electric vehicle automobile dealership showrooms: 5 (a) Applicability. All new electric vehicle automobile dealership showrooms shall comply with the development standards for the BSC1 district and with this Section. (b) Maximum Street Frontage. The showrooms of the electric vehicle automobile dealerships shall be limited to a maximum linear street frontage of 25 -feet. (c) Maximum Dealership Showroom Square Footage. The showrooms of the electric vehicle automobile dealerships shall be limited to a maximum of 3,750 square feet. (d) Maximum Number of Dealership Showrooms. The maximum number of electric vehicle dealership showrooms permitted in the BSC1 district shall be limited to four (4). (e) Maximum Number of Vehicles On -site. The showroom of the electric vehicle automobile dealerships shall be limited to a maximum of 5 vehicles. Additional vehicles may be provided on or off- site for test driving purposes. (f) Loading and Unloading of Vehicles. Loading and unloading of vehicles shall be permitted only in accordance with this subsection. The dealership operator shall be responsible and liable for any activities of a common carrier, operator, or other person controlling 0 such loading or unloading activities to the extent any such activities violate the provisions of this subsection. (1) Loading and unloading of vehicles shall be limited to the hours of eight a.m. to "eleven a.m. Monday through Saturday, excluding legal holidays. (2) Loading and Off - loading shall be subject to the approval of the City Parking and Traffic Engineer. Loading and unloading shall not block the ingress or egress of any property. (g) Vehicle Service and Repair. No vehicles shall be serviced or repaired on the premises. (h) Test Driving. Test driving shall be permitted by appointment only. Test driving shall not be done on residential streets or alleys. For the purposes of this subsection, streets which are designated by the City as major collector streets shall be permissible areas for test driving. Each dealership operator shall have an affirmative obligation to inform all its personnel of this requirement and to ensure compliance with it. Employees of the dealership shall deliver the vehicles for test driving to a designated nearby location on a permitted test driving route. All test driving routes and their operation shall be reviewed and approved by the City Parking and Traffic Engineer. 19 SECTION 3. 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 4. 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 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 5. 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 official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM: City E Approved and adopted this 13th day of December, 2011. Richard Bloom, Mayor State of California ) County of Los Angeles ) ss. City of Santa Monica ) I, Denise Anderson - Warren, Acting City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2384 (CCS) had its introduction on December 6, 2011, and was adopted at the Santa Monica City Council meeting held on December 13, 2011, by the following vote: Ayes: Council members: Holbrook, O'Connor, Shriver Mayor Pro Tern Davis, Mayor Bloom Noes: Council members: McKeown Absent: Council members: O'Day A summary of Ordinance No. 2384 (CCS) was duly published pursuant to California Government Code Section 40806. ATTEST: Denise Anderson - Warren, Acting City Clerk