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
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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
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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:
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(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
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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.
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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