ITEM 8-A
City Council Meeting 7-25-95 Santa Monica, California
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
ORDINANCE NUMBER ____(CCS)
(City Council Series)
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 investigate the issue of allowing existing automobile
repair facilities to expand in the C3 and C3-C zoning districts;
and
WHEREAS, the City Council 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 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 recommendations
to adopt the amendment to the City Council following the hearing;
and
WHEREAS, the City Council 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 surrounding land uses that an expanding or
intensifying automobile 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,
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:
9.04.08.14.040 Conditionally permitted
uses.
The following uses may be permitted in
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 is 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 and savings and loan
institutions.
(b) Expansion or intensification of
automobile repair facilities existing as of
July 11, 1995.
(c) Homeless shelters with fifty-five
or more beds.
(d) Medical, dental, and optometrist
offices provided that the use does not exceed
twenty-five percent of the total square
footage of the building, 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
Municipal Code is amended to read as follows:
9.04.08.18.040 Conditionally permitted
uses.
The following 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 facilities.
(c) Billiard parlors.
(d) Bowling alleys.
(e) Cinemas.
(f) Clubs and lodges.
(g) Convention and conference
facilities.
(h) Expansion or intensification of
automobile repair facilities existing as of
July 11, 1995.
(i) Funeral parlors and mortuaries.
(j) Homeless shelters with fifty-five
beds or more.
(k) Liquor stores.
(l) Nightclubs.
(m) Open-air farmers markets.
(n) Service stations.
(o) 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 following uses may be permitted in
the C3-C District subject to the approval of
a Conditional Use Permit:
(a) Auditoriums.
(b) Automobile parking lots and
structures.
(c) Billiard parlors.
(d) Bowling alleys.
(e) Cinemas.
(f) Clubs and lodges.
(g) Convention and conference
facilities.
(h) Expansion or intensification of
automobile repair facilities existing as of
July 11, 1995.
(i) Homeless shelters with fifty-five
beds or more.
(j) Hotels and motels.
(k) Liquor stores.
(l) Nightclubs.
(m) Offices at the ground floor street
frontage.
(n) Open-air farmers markets.
(o) Restaurants where entertainment and
dancing occurs.
(p) Service stations.
(q) Skating rinks.
(r) Take-out and fast-food restaurants.
SECTION 5. Any provision of the Santa Monica Municipal 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.
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 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 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 official newspaper
within 15 days after its adoption. This Ordinance shall become
effective 30 days from its adoption.
APPROVED AS TO FORM:
MARSHA JONES MOUTRIE
City Attorney