Item 8-C

City Council Meeting: 02-16-99 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 Section 9.04.08.15.040 of the Santa Monica Municipal Code to Conditionally Permit Existing Auto Repair Businesses Located in the BSC-3 Zoning District to Expand or Intensify Provided the Property Is Physically Improved to Comply with Current Design and Development Standards

Introduction

At its meeting on February 9, 1999, the City Council introduced for first reading an ordinance amending Municipal Code Section 9.04.08.15.040 to conditionally permit existing auto repair businesses located in the BSC-3 Zoning District to expand or intensify provided the property is physically improved to comply with current design and development standards. 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

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City Council Meeting 2-16-99 Santa Monica, California

ORDINANCE NUMBER ___ (CCS)

(City Council Series)

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA

AMENDING SECTION 9.04.08.15.040 OF THE SANTA MONICA MUNICIPAL

CODE TO CONDITIONALLY PERMIT EXISTING AUTO REPAIR BUSINESSES

LOCATED IN THE BSC-3 ZONING DISTRICT TO EXPAND OR

INTENSIFY PROVIDED THE PROPERTY IS PHYSICALLY

IMPROVED TO COMPLY WITH CURRENT DESIGN

AND DEVELOPMENT STANDARDS

WHEREAS, the BSC District does not permit or conditionally permit new auto repair businesses; and

WHEREAS, existing auto repair businesses in the BSC District are considered legal non-conforming uses which are only allowed to continue operation provided the business is not expanded or intensified; and

WHEREAS, there is a significant daytime commuter workforce and existing downtown auto repair facilities provide these commuters with facilities where they can drop off their cars and walk to work, thereby providing a needed service and reducing vehicle trips to more distant auto shops; and

WHEREAS, this zoning text amendment would allow the expansion or intensification of existing legal non-conforming auto repair businesses that are located in the BSC-3 Zoning District subject to a Conditional Use Permit, provided such property is physically improved to comply with current Bayside special project design and development standards; pedestrian-oriented design standards; and the special

auto repair facility conditions for auto repair uses contained in the City's Zoning Ordinance; and

WHEREAS, on July 8, 1997 , the City Council directed the Planning Commission to initiate this zoning text amendment; and

WHEREAS, on May 27, 1998, the Planning Commission voted 4 to 2 to recommend approval of this zoning text amendment to the City Council; and

WHEREAS, on February 9, 1999, the City Council held a public hearing on the proposed text amendment; 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 amendment would only allow existing legal non-conforming auto repair uses located in the BSC-3 Zoning District to be expanded if they make physical improvements to upgrade the development to conform with current Bayside District special project design and development standards; pedestrian-oriented design standards; and the special conditions for auto repair uses. Allowing the expansion or intensification of existing legal non-conforming auto repair businesses by CUP would provide the Planning Commission or the City Council, on appeal, with the opportunity to review any application request to ensure that the overall project design is suitable for the specific location, that the operation would be compatible and operate harmoniously with surrounding uses, and that the business meets the pedestrian oriented design and development standards established for the BSC District; and

WHEREAS, the City Council finds and declares that the public health, safety, and general welfare require adoption of the proposed amendment in that the proposed amendment would: (1) encourage existing legal non-conforming auto repair uses located in the BSC-3 Zoning District to be physically upgraded to conform to current Bayside District special project design and development standards, pedestrian-oriented design standards, and the special conditions for auto repair uses, so that they can continue to contribute to the area's overall commercial vitality while operating in a manner that is harmonious and compatible with adjacent and surrounding uses and (2) provide the daytime commuter workforce in the area with facilities where they can drop off their cars and walk to work, thereby providing a needed service and reducing vehicle trips to more distant auto shops.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. Section 9.04.08.15.040 of the Santa Monica Municipal Code is amended to read as follows:

9.04.08.15.040 Conditionally permitted uses.

(1) The following uses may be permitted in the BSC-1 portion of the BSC District subject to the approval of a conditional use permit:

(a) Bars, subject to the limitations contained in Section 9.04.08.15.080.

(b) Billiard parlors.

(d) Cinemas.

(e) Clubs and lodges.

(f) Convention and conference facilities.

(g) Fast-food food courts, subject to the limitations contained in Section 9.04.08.15.080.

(h) Homeless shelters with fifty-five beds or more.

(i) Hotels and motels.

(j) Nightclubs, subject to the limitations contained in Section 9.04.08.15.080.

(k) Open-air farmers markets.

(l) Skating rinks.

(m) Theaters.

(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 conditional use permit:

(a) Automobile parking lots and structures.

(b) Bars, subject to the limitations contained in Section 9.04.08.15.080.

(d) Bowling alleys.

(e) Cinemas.

(f) Clubs and lodges.

(g) Convention and conference facilities.

(h) General offices uses on the ground floor in that portion of a parcel between twenty-five feet and seventy-five feet from the front parcel line.

(i) Homeless shelters with fifty-five beds or more.

(j) Hotels and motels.

(k) Nightclubs, subject to the limitations contained in Section 9.04.08.15.080.

(l) Open-air farmers markets.

(m) Skating rinks.

(3) In addition to those uses specified in Subsection (2) of this Section, the following uses may be permitted in the BSC-3 portion of the BSC District subject to the approval of a conditional use permit:

Expansion or intensification of automobile repair facilities existing as of July 8, 1997 provided such property is physically improved to comply with the Bayside District special project design and development standards set forth in Section 9.04.08.15.070 and the special conditions for auto repair facilities set forth in Section 9.04.14.050.

SECTION 2. 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 3. 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 4. 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:

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MARSHA JONES MOUTRIE

City Attorney