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SR-402-010 (3) CPD:JT:AS:PF:f:\plan\share\council\strpt\98cup051-3.doc Santa Monica, California Planning Commission Mtg: August 4, 1999 TO: The Honorable Planning Commission FROM: Planning Staff SUBJECT: Conditional Use Permit 98-051 Address: 1700 Wilshire Boulevard Applicant: RTK & Associates INTRODUCTION Action: Application for Conditional Use Permit 98-051 to allow expansion of an existing automobile dealership with a new 9,900 square foot, 2-story building with subterranean parking. The project includes 1,222 square feet of covered exterior display and 8,574 square feet of un-covered exterior display. As conditioned, the proposal meets all applicable development standards. Recommendation: Approval with conditions. Permit Streamlining Expiration Date: September 20, 1999 SITE LOCATION AND DESCRIPTION The subject property is a 22,500 sq. ft. parcel located on the southeast corner of Wilshire th Boulevard and 17 Street with 150' of frontage on Wilshire Boulevard and 150’ of frontage th along 17th Street. Surrounding uses include an automobile sales facility across 17 Street to the west, commercial uses, including an automobile rental agency, across Wilshire th Boulevard to the north, and a church across 17 Court alley to the east. Each of the uses is within the C6 (Boulevard Commercial) zoning district. To the south is a two-story multi- family dwelling in the R2 District. The applicant proposes to retain three existing palm trees currently located along the Wilshire Boulevard frontage and remove three palm trees along th the 17 Street frontage. Zoning District: C6 (Boulevard Commercial) District Land Use District: General Commercial Parcel Area: 150' x 150' = 22,500 sq. ft. PROJECT DESCRIPTION - 1 - The proposed project is an expansion of an existing used automobile facility operated by the W. I. Simonson Mercedes Benz dealership. Proposed is the construction of a new two- story, 30' 1 ¼” tall, 9,900 square foot used automobile sales facility, including 1,222 square feet of covered exterior display area. The building also includes a subterranean level which contains 30 parking spaces and non-service bay area used for vehicle preparation, th employee lockers, a tool room and a machinist room. The site will be accessed from 17 thth Street and 17 Court alley. The subterranean level will be accessed from 17Street. The site will also contain 8,574 square feet of non-covered exterior display area. No service or repair of customer’s vehicles is proposed at the new facility. MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE The proposed project is consistent with the Municipal Code as conditioned and in conformance with the General Plan as shown in Attachment A. CEQA STATUS The project is categorically exempt from the provisions of CEQA pursuant to Class 3(c) of the State Implementation Guidelines in that the project involves the construction of a 9,900 square foot structure, which is less than 10,000 square feet in area, is in an urbanized area zoned for such use and is not surrounded by environmentally sensitive areas. The project will not involve the use of significant amounts of hazardous materials and all public services are available to the proposed site. FEES The project is not subject to any special fees. PUBLIC NOTIFICATION Pursuant to Municipal Code Section 9.04.20.20.080, within 30 days after the subject application was deemed complete, the applicant posted a sign on the property stating the following information: project case number, brief project description, name and telephone number of applicant, site address, date, time and location of public hearing, and the City Planning Division phone number. It is the applicant's responsibility to update the hearing date if it is changed after posting. In addition, pursuant to Municipal Code Section 9.04.20.22.050, notice of the public hearing was mailed to all owners and residential and commercial tenants of property located within a 500 foot radius of both of the proposed sites and published in The Argonaut at least ten consecutive calendar days prior to the hearing. A copy of the notice is contained in Attachment B. - 2 - ANALYSIS Background An approximately 950 square foot, two-story used car sales building and a 2,715 square foot single-story building formerly occupied by Ace Music currently occupy the site. The majority of the site has been used as a used car sales facility by the W. I. Simonson Mercedes Benz dealership since 1974. According to the Los Angeles County Assessor Records, the proposed site is actually three separate legal parcels under common ownership. These parcels must be combined as a single building site prior to issuance of a building permit. This requirement is included as Condition #40. Project Design The proposed facility contains Mediterranean-style design elements with arches and tile th roofing, similar to Simonson’s new automobile sales facility located across 17 Street to the west of the project site. The two-story building includes a subterranean level used for parking and non-service bay area. The building contains 2,725 square feet of sales-related office area on both floors and 1,218 square feet of non-service bay area used for auto washing and detailing on the first floor level. The building also provides a 1,222 square foot covered exterior display area. An 828 square foot parts storage area is located on the second floor. At the subterranean level, 30 parking spaces are provided along with non- service bay areas used for vehicle preparation, employee lockers, a tool room and a machinist room. No outdoor loudspeakers are proposed and any indoor loudspeakers are limited to a maximum of 45 decibels at the south property line. No automobile repair activities are proposed at the subject site and all vehicle preparation activities will occur below grade with only auto detailing and washing occurring at ground level. A total of 1,708 square feet of landscaping is provided at the site. A landscaped area 4’ in th depth is located adjacent to Wilshire Boulevard and 17 Street to provide the required 450 square feet of landscaped area. Also included is 750 square feet of landscaping along the south property line in a 5’ wide planter to provide a buffer for the residentially-zoned parcels to the south. A total of 1,293 square feet of landscaping is provided in the areas that accommodate vehicle parking, driveways and access. Subject to the review and approval of the Architectural Review Board, the landscaping material will include a minimum of ten trees throughout the site. A total of 90 shrubs and other landscaping materials a minimum of 2’ in height will be provided along the street frontage and alley. Parking and Circulation - 3 - A total of 41 parking spaces will be provided with 30 spaces located below grade in the subterranean garage and 11 parking spaces located at grade including 1 space for the th disabled near the building entrance. Access to the parking is taken from 17 Street. th Vehicle access to the site is also provided from 17 Court alley. The Transportation Management Division has reviewed and approved the parking and circulation configuration th for the project. Condition #49 will require an alley traffic control plan at the 17 Court alley th exit and signage at the 17 Street exit to direct dealership-related traffic away from the residential area to the south of the project site and toward Wilshire Boulevard. No vehicle access is proposed from Wilshire Boulevard. No queuing of vehicles is required as no automobile repair activities are proposed on-site. The proposed project will utilize the vehicle loading and unloading plan approved for Simonson’s new car facility located at 1626 Wilshire Boulevard and will follow the approved test driving route for the existing new car sales facility. Neighborhood Compatibility The proposed project is an expansion of an existing used car facility which has been in operation for approximately 25 years. The design of the building provides for all required parking below grade with 8 spaces, including two spaces for disabled persons, at ground level. The vehicle display area is oriented toward Wilshire Boulevard and away from the nearby residential area to the south of the subject property. Dealership-related traffic exiting the site will be directed toward Wilshire Boulevard and away from the residential area by signage, pursuant to Condition #50. The site plan includes a 5’ landscaped area along the south parcel line which abuts a residentially zoned parcel presently used for parking by Simonson. A proposed 5’ masonry wall also screens the dealership use from this parcel. The Zoning Ordinance requires that this wall be located along the parcel line; however, the applicant has provided the landscaping along the parcel line with the wall as background so that the landscaping is visible by the residential parcel. The Architectural Review Board has the authority to approve this proposed plan for the screening of the commercial uses from the adjacent residential parcel. The project provides landscaping around the perimeter of the parcel and adjacent to the building in compliance with development standards. The facility will utilize the vehicle loading and unloading plan approved for Simonson’s existing new car facility at 1626 Wilshire Boulevard and also follow the test driving route approved for this location. Lighting and noise impacts from the facility are controlled through Conditions of Approval #44 and #51 respectively to ensure compatibility with the nearby neighborhood to the south of the subject property. CONCLUSION - 4 - The proposed project, as conditioned, complies with all applicable provisions of the Zoning Ordinance and the General Plan. The proposed design and use is compatible with the existing development in the general area. RECOMMENDATION It is recommended that the Planning Commission approve CUP 98-051 with the following findings and conditions: CONDITIONAL USE PERMIT FINDINGS 1. The proposed use is one conditionally permitted within the subject district and complies with all of the applicable provisions of the "City of Santa Monica Comprehensive Land Use and Zoning Ordinance", in that the proposed expansion of the automobile dealership at 1700 Wilshire Boulevard complies with the development standards of the C6 zoning district and the development standards for automobile dealerships. 2. The proposed use would not impair the integrity and character of the district in which it is to be established or located, in that the proposed project is an expansion of an existing automobile dealership. The proposed facility at 1700 Wilshire Bouelvard is compatible in scale, density and use with surrounding properties as it is less than one-half of the density allowed in the district and is designed to be th compatible with the applicant’s existing new car sales facility located across 17 Street. 3. The subject parcel is physically suitable for the type of land use being proposed, in that the property located at 1700 Wilshire Boulevard is a graded, level parcel which exceeds the minimum size requirements for automobile dealerships by 50%. 4. The proposed use is compatible with any of the land uses presently on the subject parcel if the present land uses are to remain, in that the proposed use is an expansion of an existing use on the subject parcel. 5. The proposed use would be compatible with existing and permissible land uses within the district and the general area in which the proposed use is to be located, in that the expansion of an existing automobile dealership is allowed within the C6 zoning district with approval of Conditional Use Permits which contain conditions of approval that require landscaping and screening to buffer the impacts of the auto sales use from surrounding properties and that ensure that vehicle traffic (including - 5 - vehicle loading, unloading and test driving), noise and light do not intrude into nearby residential areas. 6. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety, in that the proposed development is an in-fill of urban land adequately served by existing infrastructure. 7. Public access to the proposed use will be adequate, in that the project is adequately served by existing streets and alleys. 8. The physical location or placement of the use on the site is compatible with and relates harmoniously to the surrounding neighborhood, in that all development standards for the C6 District and the special conditions for automobile dealerships including those that require landscaping and screening, control of traffic (including the loading and unloading of vehicles and test driving), and the control of noise and lighting have been met. The building design, which is subject to Architectural Review Board approval, is compatible with the applicant’s existing new car sales th facility located across 17 Street and is of a scale that is compatible with the surrounding neighborhood. 9. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that Land Use Element Objective #1.6 calls for the commercial corridors of the City to “accommodate uses which serve regional, community and local needs while respecting the adjacent residential neighborhoods”. Conditions #43 – 58 require that the automobile dealership facility provide landscaping and screening of the site and that the operation be conducted in manner that does not produce trash and litter, light, noise, traffic, parking and air quality impacts on the adjacent neighborhood. 10. The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare, in that the project is a compatible use in the C6 District, complies with the provisions of the Zoning Ordinance and the General Plan, and, as conditioned, will not significantly impact the adjacent neighborhood. 11. The proposed use conforms precisely to the applicable performance standards contained in Subchapter 9.04.12 and special conditions outlined in Subchapter 9.04.14 of the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, in that the special conditions for automobile dealerships have been incorporated into the proposed automobile sales facility and have been included in the recommendations for project approval. - 6 - 12. The proposed use will not result in an over-concentration of such uses in the immediate vicinity, in that the proposed project is an expansion of an existing automobile dealership. CONDITIONAL USE PERMIT CONDITIONS Plans 1. This approval is for those plans dated 6/7/99, copies of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans, except as otherwise specified in these conditions of approval. 2. The Plans shall comply with all other provisions of Chapter 1, Article IX of the Municipal Code, (Zoning Ordinance) and all other pertinent ordinances and General Plan policies of the City of Santa Monica. 3. Final parking lot layout and specifications shall be subject to the review and approval of the Transportation Management Division. 4. Minor amendments to the plans shall be subject to approval by the Director of Planning and Community Development. A significant change in the approved concept shall be subject to Planning Commission Review. Construction shall be in conformance with the plans submitted or as modified by the Planning Commission, Architectural Review Board or Director of Planning and Community Development. Architectural Review Board 5. Prior to consideration of the project by the Architectural Review Board, the applicant shall review disabled access requirements with the Building and Safety Division and make any necessary changes in the project design to achieve compliance with such requirements. The Architectural Review Board, in its review, shall pay particular attention to the aesthetic, landscaping, and setback impacts of any ramps or other features necessitated by accessibility requirements. 6. Prior to submittal of landscape plans for Architectural Review Board approval, the applicant shall contact the Department of Environmental and Public Works Management regarding urban runoff plans and calculations. 7. Plans for final design, landscaping, screening and trash enclosures shall be subject to review and approval by the Architectural Review Board. Pursuant to SMMC Section 9.04.10.04.080(b), the Architectural Review Board must review and approve the landscaped buffers and screening proposed by the applicant along the south parcel line of the proposed new used car sales facility at 1700 Wilshire Boulevard. - 7 - 8. The Architectural Review Board, in its review, shall pay particular attention to the project's pedestrian orientation and amenities; scale and articulation of design elements; exterior colors, textures and materials; window treatment; glazing; and landscaping. 9. Construction period signage shall be subject to the approval of the Architectural Review Board. 10. Landscaping plans shall comply with Part 9.04.10.04 (Landscaping Standards) of the Zoning Ordinance including use of water-conserving landscaping materials, landscape maintenance and other standards contained in that Part. 11. Refuse areas, storage areas and mechanical equipment shall be screened in accordance with SMMC Section 9.04.10.02.130-9.04.10.02.151. Refuse areas shall be of a size adequate to meet on-site need, including recycling. The Architectural Review Board in its review shall pay particular attention to the screening of such areas and equipment. Any rooftop mechanical equipment shall be minimized in height and area, and shall be located in such a way as to minimize noise and visual impacts to surrounding properties. Unless otherwise approved by the Architectural Review Board, rooftop mechanical equipment shall be located at least five feet from the edge of the roof. Except for solar hot water heaters, no residential water heaters shall be located on the roof (unless located within a mechanical room). 12. Signage for the proposed project shall be reviewed and approved by the Architectural Review Board. 13. No gas or electric meters shall be located within the required front or street side yard setback areas. The Architectural Review Board in its review shall pay particular attention to the location and screening of such meters. Demolition 14. Until such time as the demolition is undertaken, and unless the structure is currently in use, the existing structure shall be maintained and secure by boarding up all openings, erecting a security fence, and removing all debris, bushes and planting that inhibit the easy surveillance of the property to the satisfaction of the Building and Safety Officer and the Fire Department. Any landscaping material remaining shall be watered and maintained until demolition occurs. 15. Immediately after demolition (and during construction), a security fence, the height of which shall be the maximum permitted by the Zoning Ordinance, shall be - 8 - maintained around the perimeter of the lot. The lot shall be kept clear of all trash, weeds, etc. 16. Prior to issuance of a demolition permit, applicant shall prepare for Building Division approval a rodent and pest control plan to insure that demolition and construction activities at the site do not create pest control impacts on the project neighborhood. 17. No demolition of buildings or structures 50 years of age or older shall be permitted until the end of a 60-day review period by the Landmarks Commission to determine whether an application for landmark designation shall be filed. If an application for landmark designation is filed, no demolition shall be approved until a final determination is made by the Landmarks Commission on the application. Construction 18. Unless otherwise approved by the Department of Environmental and Public Works Management, all sidewalks shall be kept clear and passable during the grading and construction phase of the project. 19. Sidewalks, curbs, gutters, paving and driveways which need replacing or removal as a result of the project as determined by the Department of Environmental and Public Works Management shall be reconstructed to the satisfaction of the De- partment of Environmental and Public Works Management. Approval for this work shall be obtained from the Department of Environmental and Public Works Management prior to issuance of the building permits. 20. Vehicles hauling dirt or other construction debris from the site shall cover any open load with a tarpaulin or other secure covering to minimize dust emissions. 21. Street trees shall be maintained, relocated or provided as required in a manner consistent with the City's Tree Code (Ord. 1242 CCS), per the specifications of the Community and Cultural Services Department and the Department of Environmental and Public Works Management. No street tree shall be removed without the approval of the Community and Cultural Services Division. 22. A construction period mitigation plan shall be prepared by the applicant for approval by the Department of Environmental and Public Works Management prior to is- suance of a building permit. The approved mitigation plan shall be posted on the site for the duration of the project construction and shall be produced upon request. As applicable, this plan shall 1) Specify the names, addresses, telephone numbers and business license numbers of all contractors and subcontractors as well as the developer and architect; 2) Describe how demolition of any existing structures is to be accomplished; 3) Indicate where any cranes are to be located for erection/construction; 4) Describe how much of the public street, alleyway, or - 9 - sidewalk is proposed to be used in conjunction with construction; 5) Set forth the extent and nature of any pile-driving operations; 6) Describe the length and number of any tiebacks which must extend under the property of other persons; 7) Specify the nature and extent of any de-watering and its effect on any adjacent buildings; 8) Describe anticipated construction-related truck routes, number of truck trips, hours of hauling and parking location; 9) Specify the nature and extent of any helicopter hauling; 10) State whether any construction activity beyond normally permitted hours is proposed; 11) Describe any proposed construction noise mitigation measures; 12) Describe construction-period security measures including any fencing, lighting, and security personnel; 13) Provide a drainage plan; 14) Provide a construction-period parking plan which shall minimize use of public streets for parking; 15) List a designated on-site construction manager. 23. The property owner shall insure any graffiti on the site is promptly removed through compliance with the City's graffiti removal program. 24. A sign shall be posted on the property in a manner consistent with the public hearing sign requirements which shall identify the address and phone number of the owner and/or applicant for the purposes of responding to questions and complaints during the construction period. Said sign shall also indicate the hours of permissible construction work. 25. A copy of these conditions shall be posted in an easily visible and accessible location at all times during construction at the project site. The pages shall be laminated or otherwise protected to ensure durability of the copy. Environmental Mitigation 26. Ultra-low flow plumbing fixtures are required on all new development and remodeling where plumbing is to be added. (Maximum 1.6 gallon toilets and 1.0 gallon urinals and low flow shower head.) 27. Parking areas and structures and other facilities generating wastewater with significant oil and grease content are required to pre-treat these wastes before discharging to the City sewer or storm drain system. Pretreatment will require that a clarifier or oil/water separator be installed and maintained on site. In cases where settleable solids are present (or expected) in greater amounts than floatable oil and grease, a clarifier unit will be required. In cases where the opposite waste characteristics are present, an oil/water separator with automatic oil draw-off will be required instead. The Environmental and Public Works Management Department will set specific requirements. Building Permit plans shall show the required installation. Miscellaneous CUP Conditions - 10 - 28. The building address shall be painted on the roof of the building and shall measure four feet by eight feet (32 square feet). 29. The operation shall at all times be conducted in a manner not detrimental to surrounding properties or residents by reason of lights, noise, activities, parking or other actions. 30. The exterior parking area shall be used for employee and customer parking only and not for repair or finishing work or long-term (over one week) storage of vehicles. 31. If any archaeological remains are uncovered during excavation or construction, work in the affected area shall be suspended and a recognized specialist shall be contacted to conduct a survey of the affected area at project's owner's expense. A determination shall then be made by the Director of Planning and Community Development to determine the significance of the survey findings and appropriate actions and requirements, if any, to address such findings. 32. Street and/or alley lighting shall be provided on public rights-of-way adjacent to the project if and as needed per the specifications and with the approval of the Department of Environmental and Public Works management. 33. Automotive repair facilities and dealerships, parking areas and structures, automotive paint shops, gas stations, equipment degreasing areas, and other facilities generating wastewater with significant oil and grease content are required to pretreat these wastes before discharging to the City sewer or storm drain system. Pretreatment will require that a clarifier or oil/water separator be installed and maintained on site. In cases where settleable solids are present (or expected) in greater amounts than floatable oil and grease, a clarifier unit will be required. In cases where the opposite waste characteristics are present, an oil/water separator with automatic oil draw-off will be required instead. The Environmental and Public Works Management Department will set specific requirements. Building permit plans shall show the required installation. 34. Mechanical equipment shall not be located on the side of any building which is adjacent to a residential building on the adjoining lot. Roof locations may be used when the mechanical equipment is installed within a sound-rated parapet enclosure. 35. Final approval of any mechanical equipment installation will require a noise test in compliance with SMMC section 4.12.040. Equipment for the test shall be provided by the owner or contractor and the test shall be conducted by the owner or contractor. A copy of the noise test results on mechanical equipment shall be submitted to the Community Noise officer for review to ensure that noise levels do not exceed maximum allowable levels for the applicable noise zone. - 11 - 36. Final building plans submitted for approval of a building permit shall include on the plans a list of all permanent mechanical equipment to be placed outdoors and all permanent mechanical equipment to be placed indoors which may be heard outdoors. Validity of Permits 37. In the event permittee violates or fails to comply with any conditions of approval of this permit, no further permits, licenses, approvals or certificates of occupancy shall be issued until such violation has been fully remedied. 38. Within ten days of Planning Division transmittal of the Statement of Official Action, project applicant shall sign and return a copy of the Statement of Official Action prepared by the Planning Division, agreeing to the Conditions of approval and acknowledging that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval. By signing same, applicant shall not thereby waive any legal rights applicant may possess regarding said conditions. The signed Statement shall be returned to the Planning Division. Failure to comply with this condition shall constitute grounds for potential permit revocation. 39. This determination shall not become effective for a period of fourteen days from the date of determination or, if appealed, until a final determination is made on the appeal. Any appeal must be made in the form required by the Zoning Administrator. The approval of this permit shall expire one year from the permit's effective date, unless, in the case of new development, a building permit has been obtained, or in the case of a change of use, a business license has been issued and the use is in operation prior to the permit expiration date. One six-month extension of the one year period may be permitted if approved by the Director of Planning. Applicant is on notice that time extensions may not be granted if development standards relevant to the project have become more restrictive since project approval. Special Conditions 40. Prior to issuance of a building permit for the proposed project at 1700 Wilshire Boulevard, the applicant shall record with the Los Angeles County Recorder an agreement to develop the three separate parcels as a single building site. 41. A minimum of four bicycle parking spaces shall be provided at the project site. 42. Employee and customer parking shall be provided at no charge. Parking shall - 12 - comply with Part 9.04.10.08. Areas designated for employee and customer parking shall not be used for vehicle storage or display. 43. Screening of display and non-display areas shall comply with the provisions of Part 9.04.10.04. A minimum two-foot landscape and decorative curb strip, where feasible, shall be provided along the street frontage perimeter of all vehicle display areas. Landscape materials shall be designed to provide an opaque visual buffer at least 12" in height. Applicable setback requirements shall be expanded to require a minimum 5 foot landscaped area adjacent to any abutting residential district. Final design treatment shall be subject to review and approval by the Architectural Review Board. All parking areas not used for automobile display shall be subject to the parking lot screening requirements of Part 9.04.10.04. 44. All lighting shall comply with Section 9.04.10.02.270. 45. Loading and unloading of vehicles is 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 such loading or unloading activities to the extent any such activities violate the provisions of this subsection, as follows: (1) Loading and unloading of vehicles is limited to the hours of 8:00 A.M. to 5:00 P.M. Monday through Saturday, excluding legal holidays. (2) Off-loading shall be on-site or off-site, subject to review and the approval of the Transportation Planning Division. Loading and unloading shall not block the ingress or egress of any adjacent property. (3) New automobile dealerships or substantially remodeled dealerships shall provide off-loading facilities on private property (on or off-site). Shared loading and unloading facilities are permitted for the purposes of meeting this requirement. 46. No vehicles to be repaired shall be parked or stored on any public street or alley. 47. An adequate on-site queuing area for service customers shall be provided. On- site driveways may be used for queuing, but may not interfere with access to required parking spaces. Required parking spaces may not double as queuing spaces. An on-site queuing area is not required if the service and repair of vehicles for customers is not performed within the dealership operations. 48. A test driving plan for the proposed project must be reviewed and approved by the Transportation Management Division prior to issuance of a building permit. 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 - 13 - 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. 49. The applicant shall present to the Transportation Management Division a plan for slowing traffic flow in the alleys adjacent to the proposed new car facility at 1700 Wilshire Boulevard, with the objective of minimizing dangers to pedestrians and neighboring vehicle operations, and of minimizing noise and other environmental incursions into the neighborhood. Such plans shall be designed to limit maximum speed to 15 miles per hour and may include measures such as speed bumps or dips, one-way traffic patterns, increased signage, parking and loading prohibitions and similar measures. 50. The location of entries and exits from automobile dealerships shall be located as far away from adjacent residential properties as is reasonably feasible and shall be directed to commercial streets and away from residential areas by means of signage and design. The interior circulation system between levels shall be internal to the building and shall not require use of public ways or of externally visible or uncovered ramps, driveways or parking areas. No arrangement shall be permitted which requires vehicles to back into an alley or other public way. 51. The applicant shall comply with the following measures to control noise at the site: (1) There shall be no outdoor loud speakers. Interior loudspeakers shall produce no more than 45 dba at a boundary abutting or adjacent to a residential parcel under normal operating conditions (e.g., with windows open if they are likely to be opened). (2) All noise generating equipment exposed to the exterior shall be muffled with sound absorbing materials to minimize noise impacts on adjacent properties and shall not be operated before 8:00 A.M. or after 6:00 P.M. if reasonably likely to cause annoyance to abutting or adjacent residences. (3) Rooftop storage areas, if proposed, shall be screened with landscaping and noise absorbing materials to minimize noise impacts on adjacent properties. 52. The applicant shall comply with the following toxic storage and disposal standards: (1) Gasoline storage tanks shall be constructed and maintained under the same conditions and standards that apply for service stations. (2) There shall be full compliance with the terms and conditions of all City laws relating to the storage and disposal of toxic chemicals and hazardous wastes. - 14 - 53. The applicant shall comply with the following air quality standards: (1) Use of brake washers shall be required in service stalls or areas which perform service on brakes employing asbestos or other materials known to be harmful when dispersed in the air. (2) All mechanical ventilating equipment shall be directed to top story exhaust vents which face away from abutting or adjacent residential properties. (3) Exhaust systems shall be equipped with appropriate and reasonably available control technology to minimize or eliminate noxious pollutants which would otherwise be emitted. 54. The site shall be entirely paved, except for buildings and landscaping. 55. A landscape area at least 2 feet wide shall be provided along the perimeter of the parcel adjacent to public rights-of-way, excluding authorized driveways. In all other respects, landscaping shall conform to the requirements of Part 9.04.10.04. 56. Refuse storage areas shall comply with Section 9.04.10.02.150. 57. No work shall be performed on automobiles between the hours of 8:00 P.M. and 7:00 A.M., Monday through Saturday, and no work shall be performed on Sundays. 58. The premises shall be kept in a neat and orderly condition at all times and all improvements shall be maintained in a condition of reasonable repair and appearance. No used or discarded automotive parts or equipment or permanently disabled, junked or wrecked vehicles may be stored outside the main building. 59. The use of the property at 1700 Wilshire Boulevard shall be limited to vehicle sales and preparation including vehicle washing and detailing. No repair of customer vehicles shall occur on-site. Prepared by: Paul Foley, Associate Planner Attachments: A. Municipal Code and General Plan Conformance B. Notice of Public Hearing C. Radius and Location Map D. Photographs of Site and Surrounding Properties - 15 - E. Plot Plan, Floor Plans and Elevations F:\PLAN\SHARE\PC\STRPT\98CUP051.doc - 16 - M I N U T E S SPECIAL MEETING OF THE PLANNING COMMISSION OF THE CITY OF SANTA MONICA WEDNESDAY, August 4, 1999 CITY COUNCIL CHAMBERS 7:00 P.M. ROOM 213, CITY HALL 1. CALL TO ORDER: The meeting was called to order at 7:02 p.m. 2. PLEDGE OF ALLEGIANCE: Commissioner White led the Pledge of Allegiance. 3. ROLL CALL: Present: Kenneth Breisch, Acting Chairperson Darrell Clarke Matt Kanny Kelly Olsen Eric Charles Parlee Susan M. White John Zinner Also Present: Kyle Ferstead, Commission Secretary Paul Foley, Associate Planner Suzanne Frick, Director of Planning/PCD Susan Healy Keene, Acting Senior Planner Kevin McKeown, City Council Liaison Bradley J. Misner, Associate Planner Barry Rosenbaum, Senior Land Use Planner Amanda Schachter, Acting Principal Planner Jay M. Trevino, Planning Manager A. Election of Officers Following the roll call, Acting Chair Breisch was elected unanimously as Chair of the Planning Commission. Commissioner Zinner nominated Commissioner Kanny for Vice-Chairperson. Commissioner Parlee seconded the nomination, which was approved unanimously. 4. PLANNING DIRECTOR'S REPORT: Ms. Frick gave the Director’s Report. She reported that the City Council will have a - 17 - public hearing on the North of Montana Area Development Standards on August 10, 1999. She stated that staff reports would be available on August 5, 1999, and copies will be sent to the Commission. She also reported that the City Council will have a public hearing on the Downtown Transit Mall on August 17, 1999. 5. STATEMENTS OF OFFICIAL ACTION: Consent Calendar 5-A. CUP 99-023, 2424 Seventh Street * continued from 7/21/99 - 18 - Commissioner Kanny made a motion to approve item 5-A as submitted. Commissioner Parlee seconded the motion, which was approved by voice vote. 5-B. APPEAL: Variance 98-024, 1665 Appian Way Commissioner Zinner made a motion to approve item 5-B as amended. Commissioner Clarke seconded the motion, which was approved by voice vote with Commissioners Kanny and Parlee abstaining. 5-C. CUP 99-004, 838 Nineteenth Street Commissioner Parlee made a motion to approve item 5-C as submitted. Commissioner Zinner seconded the motion, which was approved by voice vote. 6. PUBLIC HEARINGS: Consent Calendar 6-A: Resolution of Intention to amend Section 9.04.02.030.315 and Section 9.04.14.050 of Article IX of the Santa Monica Municipal Code to modify the Zoning Ordinance floor area ratio definition relating to enclosure of existing outdoor hoists, to amend the special conditions for automobile repair facilities relating to landscaping, outdoor hoist enclosures, and litter and to add provisions related to the road testing of vehicles and vehicles awaiting repair. (Planner: Paul Foley) Commissioner Kanny made a motion to approve the Resolution of Intention. Commissioner Olsen seconded the motion, which was approved by voice vote. 7. PUBLIC HEARINGS: 7-A:Text Amendment 99-007 to Section 9.04.08.36.030 of Article IX of the Municipal Code to allow outdoor markets to operate within the PL Public Lands Overlay district subject to approval of a Performance Standards Permit. Additionally, Sections 9.04.02.030.553 and 9.04.12.150 are proposed to establish a definition of an outdoor antique market and to establish performance standards for this use. APPLICANT: City of Santa Monica. (Planner: Bradley J. Misner) Following the staff report, the Commission asked questions of staff. The questions included asking for the definition of an antique market versus a flea market; if City parks are included in this proposal; and how a Performance Standards Permit (PSP) process works. Staff answered these questions. Commissioner Clarke asked specifically regarding the process for when a school applies for the PSP. Mr. Misner explained that after the application is received, the application is deemed complete, a determination is written by staff and approved by 19 the Acting Zoning Administrator. Any action by the Acting Zoning Administrator can be appealed to the Planning Commission. Commissioner White expressed concern about the term of the PSP. Mr. Misner stated that the permit will run with the land. Commissioner White asked about enforcement for the condition that states no amplified music may be audible beyond the property line. Mr. Misner explained that this condition can be enforced by the City’s Code Enforcement personnel. Commissioner Olsen asked about the banners used as signage for these antique markets. Mr. Misner stated that signage is subject to Architectural Review Board (ARB) approval under the PSP process. Commissioner Olsen asked staff about regulations on the types of products being sold, specifically if someone were to sale a mass amount of one type of product such as microwave ovens. Mr. Misner stated that there is a definition as to the type of things that can be sold at the antique markets. Commissioner Clarke asked about code requirements for Christmas trees sales at Santa Monica High School. Mr. Misner stated that such sales require a Temporary Use Permit (TUP). Commissioner Clarke raised concerns regarding antique markets occurring on properties adjacent to residential and how residents could overturn such an approval. Mr. Trevino stated that the PSPs will have conditions to protect residents tailored to the specific site. Mr. Trevino also stated that staff will review this issue prior to City Council. Commissioner Olsen asked what provisions are required to maintain legal sales. Ms. Frick stated that vendors are required to have a valid Santa Monica business license and pay appropriate fees. Chair Breisch closed the public hearing. Commissioner Parlee made a motion to recommend the City Council approve the Public Lands Text Amendment. Commissioner Kanny seconded the motion. Commissioner Olsen stated the need to look at enforcement. Senior Land Use Attorney Rosenbaum stated that land use permits, such as a PSP, can be revoked just like Conditional Use Permits. Commissioner Olsen expressed the need to provide for the unexpected and recourse for neighbors. Commissioner Parlee 20 agreed to add such a provision if it meets with the approval of the City Attorney. Commissioner Olsen made a substitute motion for approval per the staff report with the modification of a time limit being placed on the life of the permit. Commissioner Clarke seconded the motion. Ms. Frick stated that land use permits, such a CUPs, run with the land use, however, TUPs are durational (six months with one six month extension). Commissioner Zinner stated that the time limit provision is not necessary and that he is happy with the original motion. Commissioner Olsen asserted that this is not a “matter of right” issue, but rather this is a new use which may also be an intense use. There was discussion about the time limit provision. It was agreed that staff would review this issue as part of the City Council staff report. The substitute motion was approved by the following vote: AYES: Breisch, Clarke, Olsen, White; NAYS: Kanny, Parlee, Zinner. 7-B: Conditional Use Permit 98-051, 1700 Wilshire Bouelvard, C6 (Boulevard Commercial) District, Application for a Conditional Use Permit to permit the expansion of an existing automobile dealership with a new 9,900 square foot, 2- story building with subterranean parking, 1,222 square feet of covered exterior display are and 8,574 square feet of uncovered exterior display area. (Planner: Applicant: RTK & Associates. Paul Foley)(Continued from July 21, 1999) The applicant’s representative, Herb Katz, AIA, of RTK and Associates, was present to discuss the application. Commissioner Olsen asked Mr. Katz for the location of the subterranean garage entrance. Mr. Katz stated that it will be at the south end of the site on Seventeenth Street. Commissioner Olsen asked Mr. Katz for the current entrance location. Mr. Katz stated that the current entrance will be moved four to five feet to the south. Commissioner Olsen asked Mr. Katz about the use of the residentially zoned lot. Mr. Katz stated that this property is not being touched except to add additional landscaping and a wall. Commissioner Clarke asked about a reference to “air changes” on the project plans. 21 Mr. Katz stated that there is a typographical error and code requirements will be met for “air changes” per the 1997 Mechanical Code. Commissioner White asked if a condition can be made that the landscaping on the south side, adjacent to the residential area, be made higher. Mr. Katz stated that he was will to accept such a condition. Chair Breisch stated that this can be a direction to the Architectural Review Board. No members of the public submitted requests to speak. Chair Breisch closed the public hearing. Commissioner Kanny made a motion for approval with staff report findings and conditions. Commissioner Parlee seconded the motion. Commissioner Kanny asked about adding a condition either for ARB review of the landscaping issue or to require a five foot landscaping buffer. Commissioner Zinner stated that it has been the traditional to ask ARB to review the landscaping for sufficient landscape materials. Commissioner Parlee asked about performance standards for landscape buffers. Mr. Foley stated Condition #43 covers the landscaping issue. Commissioner Olsen commented on the history of parking on residentially zone lots per the Land Use and Circulation Element. He asserted that this proposal is more than a 50% expansion of the facility, therefore the residentially zoned lot should revert to residential use. Commissioner Zinner asked if the property is under the same or new ownership. Ms. Frick stated for clarification that the section of the Code to which Commissioner Olsen is referring was modified approximately one year ago. Following some discussion among the Commissioners, the applicant was recalled to the podium. Commissioner Parlee asked Mr. Katz if the lot in question is a separate parcel. Mr. Katz answered in the affirmative, however he stated that the lot has been continually used for employee parking since 1973, which is prior to the code changes. He also stated that the property’s ownership has remained unchanged. Ms. Frick asked the Commission to allow staff time to discuss this issue. [The Commission took a break from 7:57 p.m. to 8:14 p.m.] 22 When the Commission reconvened, Ms. Frick cited Santa Monica Municipal Code (SMMC) Section 9.04.18.140(d) which allows the continuation of storage lots when dealers expand or redevelop with a Conditional Use Permit. Commissioner Olsen stated that the surface parking lot is actually used for employee parking. Ms. Frick stated her understanding that the lot is used for both storage of vehicles and employee parking. She suggested that a condition be made that the lot be used for storage only. Commissioner Olsen stated that subsection (d) does not specify parking lots and subsection (e) calls out parking on residential lots. Ms. Frick stated that modification were enacted to allow dealers to use these lots. Chair Breisch asked if the modification was enacted within the last two years. Ms. Frick answered in the affirmative. Commissioner White asked if this issue has been raised with any other automobile dealerships. Ms. Frick stated that this is the first case. Commissioner Kanny stated that Conditions #7 and #43 allow ARB to set the buffer zone. He suggested that the Commission add direction to ARB under one of these conditions. Chair Breisch asked about a condition on restricting the storage use on the lot. Ms. Frick suggested that the applicant be required to comply with the code section. Commissioner Olsen expressed concern with the issue of non-compliance. He asked for voluntary compliance on the following issue: that the south property on the western site across Seventeenth Street (1234) have landscaping. Commissioner Parlee stated that these issues are not part of the application before the Commission. Senior Land Use Attorney Rosenbaum stated that he has a problem with the Commission discussion regarding the adjacent facility. Commissioner Olsen expressed his respectful disagreement with staff. He stated that he will vote against the motion and asserted his opinion that the residential lot should revert to residential use. Chair Breisch stated that the Commission addressed these issues regarding residential lots adjacent to commercial districts in the last two years and automobile uses were made exempt. He stated his support for the motion. The motion was approved by the following vote: AYES: Breisch, Clarke, Kanny, Parlee, White, Zinner; NAYS: Olsen. 23 7-C: Conditional Use Permit 99-024, Development Review 99-006, Tentative Map 99-15, 849 Fourteenth Street, Application for a Development Review Permit, Conditional Use Permit and Tentative Tract Map 52906 (TM99-006) to allow the construction of a two-story, 16,312 square foot, eight-unit condominium building with twenty subterranean parking spaces accessed from Fourteenth Court Alley. APPLICANT: Danny Rojany, owner (Planner: Jean M. Moore). CONTINUED. 8. COMMUNICATIONS: A. Planning Commission Caselist B. Zoning Administrator Caselist C. Cumulative Projects List 9. FUTURE COMMISSION AGENDA ITEMS: None. 10. PUBLIC INPUT: None. ADJOURNMENT: 11. The meeting was adjourned at 8:25 p.m. 24 CITY OF SANTA MONICA PLANNING COMMISSION STATEMENT OF OFFICIAL ACTION PROJECT CASE NUMBER: Conditional Use Permit 98-051 LOCATION: 1700 Wilshire Boulevard APPLICANT: RTK Associates, architect CASE PLANNER: Paul Foley, Associate Planner REQUEST: Conditional Use Permit 98-051 to allow expansion of an existing automobile dealership with a new 9,900 square foot, 2-story building with subterranean parking. The project includes 1,222 square feet of covered exterior display area and 8,574 square feet of un-covered exterior display area. CEQA STATUS: The project is categorically exempt from the provisions of CEQA pursuant to Class 3(c) of the State Implementation Guidelines in that the project involves the construction of a 9,900 square foot structure, which is less than 10,000 square feet in area, is in an urbanized area zoned for such use and is not surrounded by environmentally sensitive areas. The project will not involve the use of significant amounts of hazardous materials and all public services are available to the proposed site. PLANNING COMMISSION ACTION August 4, 1999 Date 25 X Approved based on the following findings and subject to the conditions below. Denied Other EFFECTIVE DATE(S) OF ACTION(S) IF NOT APPEALED: August 19, 1999 EXPIRATION DATE(S) OF ANY PERMITS GRANTED: August 19, 2000 LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATE(S): Any request for an extension of the expiration date must be received in writing by the City Planning Division prior to expiration of this permit. Six (6) Months CONDITIONAL USE PERMIT FINDINGS 1. The proposed use is one conditionally permitted within the subject district and complies with all of the applicable provisions of the "City of Santa Monica Comprehensive Land Use and Zoning Ordinance", in that the proposed expansion of the automobile dealership at 1700 Wilshire Boulevard complies with the development standards of the C6 zoning district and the development standards for automobile dealerships. 2. The proposed use would not impair the integrity and character of the district in which it is to be established or located, in that the proposed project is an expansion of an existing automobile dealership. The proposed facility at 1700 Wilshire Bouelvard is compatible in scale, density and use with surrounding properties as it is less than one-half of the density allowed in the district and is designed to be th compatible with the applicant’s existing new car sales facility located across 17 Street. 3. The subject parcel is physically suitable for the type of land use being proposed, in that the property located at 1700 Wilshire Boulevard is a graded, level parcel which exceeds the minimum size requirements for automobile dealerships by 50%. 26 6. The proposed use is compatible with any of the land uses presently on the subject parcel if the present land uses are to remain, in that the proposed use is an expansion of an existing use on the subject parcel. 7. The proposed use would be compatible with existing and permissible land uses within the district and the general area in which the proposed use is to be located, in that the expansion of an existing automobile dealership is allowed within the C6 zoning district with approval of Conditional Use Permits which contain conditions of approval that require landscaping and screening to buffer the impacts of the auto sales use from surrounding properties and that ensure that vehicle traffic (including vehicle loading, unloading and test driving), noise and light do not intrude into nearby residential areas. 6. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety, in that the proposed development is an in-fill of urban land adequately served by existing infrastructure. 7. Public access to the proposed use will be adequate, in that the project is adequately served by existing streets and alleys. 12. The physical location or placement of the use on the site is compatible with and relates harmoniously to the surrounding neighborhood, in that all development standards for the C6 District and the special conditions for automobile dealerships including those that require landscaping and screening, control of traffic (including the loading and unloading of vehicles and test driving), and the control of noise and lighting have been met. The building design, which is subject to Architectural Review Board approval, is compatible with the applicant’s existing new car sales th facility located across 17 Street and is of a scale that is compatible with the surrounding neighborhood. 13. The proposed use is consistent with the goals, objectives, and policies of the General Plan, in that Land Use Element Objective #1.6 calls for the commercial corridors of the City to “accommodate uses which serve regional, community and local needs while respecting the adjacent residential neighborhoods”. Conditions #43 – 58 require that the automobile dealership facility provide landscaping and screening of the site and that the operation be conducted in manner that does not produce trash and litter, light, noise, traffic, parking and air quality impacts on the adjacent neighborhood. 14. The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare, in that the project is a compatible use in the C6 27 District, complies with the provisions of the Zoning Ordinance and the General Plan, and, as conditioned, will not significantly impact the adjacent neighborhood. 11. The proposed use conforms precisely to the applicable performance standards contained in Subchapter 9.04.12 and special conditions outlined in Subchapter 9.04.14 of the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, in that the special conditions for automobile dealerships have been incorporated into the proposed automobile sales facility and have been included in the recommendations for project approval. 13. The proposed use will not result in an over-concentration of such uses in the immediate vicinity, in that the proposed project is an expansion of an existing automobile dealership. CONDITIONAL USE PERMIT CONDITIONS Plans 1. This approval is for those plans dated 6/7/99, copies of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans, except as otherwise specified in these conditions of approval. 2. The Plans shall comply with all other provisions of Chapter 1, Article IX of the Municipal Code, (Zoning Ordinance) and all other pertinent ordinances and General Plan policies of the City of Santa Monica. 3. Final parking lot layout and specifications shall be subject to the review and approval of the Transportation Management Division. 4. Minor amendments to the plans shall be subject to approval by the Director of Planning and Community Development. A significant change in the approved concept shall be subject to Planning Commission Review. Construction shall be in conformance with the plans submitted or as modified by the Planning Commission, Architectural Review Board or Director of Planning and Community Development. Architectural Review Board 5. Prior to consideration of the project by the Architectural Review Board, the applicant shall review disabled access requirements with the Building and Safety Division and make any necessary changes in the project design to achieve compliance with such requirements. The Architectural Review Board, in its review, shall pay particular attention to the aesthetic, landscaping, and setback impacts of any ramps or other features necessitated by accessibility requirements. 28 6. Prior to submittal of landscape plans for Architectural Review Board approval, the applicant shall contact the Department of Environmental and Public Works Management regarding urban runoff plans and calculations. 7. Plans for final design, landscaping, screening and trash enclosures shall be subject to review and approval by the Architectural Review Board. Pursuant to SMMC Section 9.04.10.04.080(b), the Architectural Review Board must review and approve the landscaped buffers and screening proposed by the applicant along the south parcel line of the proposed new used car sales facility at 1700 Wilshire Boulevard. 8. The Architectural Review Board, in its review, shall pay particular attention to the project's pedestrian orientation and amenities; scale and articulation of design elements; exterior colors, textures and materials; window treatment; glazing; and landscaping. 9. Construction period signage shall be subject to the approval of the Architectural Review Board. 10. Landscaping plans shall comply with Part 9.04.10.04 (Landscaping Standards) of the Zoning Ordinance including use of water-conserving landscaping materials, landscape maintenance and other standards contained in that Part. 13. Refuse areas, storage areas and mechanical equipment shall be screened in accordance with SMMC Section 9.04.10.02.130-9.04.10.02.151. Refuse areas shall be of a size adequate to meet on-site need, including recycling. The Architectural Review Board in its review shall pay particular attention to the screening of such areas and equipment. Any rooftop mechanical equipment shall be minimized in height and area, and shall be located in such a way as to minimize noise and visual impacts to surrounding properties. Unless otherwise approved by the Architectural Review Board, rooftop mechanical equipment shall be located at least five feet from the edge of the roof. Except for solar hot water heaters, no residential water heaters shall be located on the roof (unless located within a mechanical room). 14. Signage for the proposed project shall be reviewed and approved by the Architectural Review Board. 13. No gas or electric meters shall be located within the required front or street side yard setback areas. The Architectural Review Board in its review shall pay particular attention to the location and screening of such meters. Demolition 29 14. Until such time as the demolition is undertaken, and unless the structure is currently in use, the existing structure shall be maintained and secure by boarding up all openings, erecting a security fence, and removing all debris, bushes and planting that inhibit the easy surveillance of the property to the satisfaction of the Building and Safety Officer and the Fire Department. Any landscaping material remaining shall be watered and maintained until demolition occurs. 15. Immediately after demolition (and during construction), a security fence, the height of which shall be the maximum permitted by the Zoning Ordinance, shall be maintained around the perimeter of the lot. The lot shall be kept clear of all trash, weeds, etc. 16. Prior to issuance of a demolition permit, applicant shall prepare for Building Division approval a rodent and pest control plan to insure that demolition and construction activities at the site do not create pest control impacts on the project neighborhood. 17. No demolition of buildings or structures 50 years of age or older shall be permitted until the end of a 60-day review period by the Landmarks Commission to determine whether an application for landmark designation shall be filed. If an application for landmark designation is filed, no demolition shall be approved until a final determination is made by the Landmarks Commission on the application. Construction 18. Unless otherwise approved by the Department of Environmental and Public Works Management, all sidewalks shall be kept clear and passable during the grading and construction phase of the project. 19. Sidewalks, curbs, gutters, paving and driveways which need replacing or removal as a result of the project as determined by the Department of Environmental and Public Works Management shall be reconstructed to the satisfaction of the De- partment of Environmental and Public Works Management. Approval for this work shall be obtained from the Department of Environmental and Public Works Management prior to issuance of the building permits. 20. Vehicles hauling dirt or other construction debris from the site shall cover any open load with a tarpaulin or other secure covering to minimize dust emissions. 21. Street trees shall be maintained, relocated or provided as required in a manner consistent with the City's Tree Code (Ord. 1242 CCS), per the specifications of the Community and Cultural Services Department and the Department of Environmental and Public Works Management. No street tree shall be removed without the approval of the Community and Cultural Services Division. 30 22. A construction period mitigation plan shall be prepared by the applicant for approval by the Department of Environmental and Public Works Management prior to is- suance of a building permit. The approved mitigation plan shall be posted on the site for the duration of the project construction and shall be produced upon request. As applicable, this plan shall 1) Specify the names, addresses, telephone numbers and business license numbers of all contractors and subcontractors as well as the developer and architect; 2) Describe how demolition of any existing structures is to be accomplished; 3) Indicate where any cranes are to be located for erection/construction; 4) Describe how much of the public street, alleyway, or sidewalk is proposed to be used in conjunction with construction; 5) Set forth the extent and nature of any pile-driving operations; 6) Describe the length and number of any tiebacks which must extend under the property of other persons; 7) Specify the nature and extent of any de-watering and its effect on any adjacent buildings; 8) Describe anticipated construction-related truck routes, number of truck trips, hours of hauling and parking location; 9) Specify the nature and extent of any helicopter hauling; 10) State whether any construction activity beyond normally permitted hours is proposed; 11) Describe any proposed construction noise mitigation measures; 12) Describe construction-period security measures including any fencing, lighting, and security personnel; 13) Provide a drainage plan; 14) Provide a construction-period parking plan which shall minimize use of public streets for parking; 15) List a designated on-site construction manager. 23. The property owner shall insure any graffiti on the site is promptly removed through compliance with the City's graffiti removal program. 24. A sign shall be posted on the property in a manner consistent with the public hearing sign requirements which shall identify the address and phone number of the owner and/or applicant for the purposes of responding to questions and complaints during the construction period. Said sign shall also indicate the hours of permissible construction work. 25. A copy of these conditions shall be posted in an easily visible and accessible location at all times during construction at the project site. The pages shall be laminated or otherwise protected to ensure durability of the copy. Environmental Mitigation 26. Ultra-low flow plumbing fixtures are required on all new development and remodeling where plumbing is to be added. (Maximum 1.6 gallon toilets and 1.0 gallon urinals and low flow shower head.) 27. Parking areas and structures and other facilities generating wastewater with significant oil and grease content are required to pre-treat these wastes before discharging to the City sewer or storm drain system. Pretreatment will require that a clarifier or oil/water separator be installed and maintained on site. In cases where 31 settleable solids are present (or expected) in greater amounts than floatable oil and grease, a clarifier unit will be required. In cases where the opposite waste characteristics are present, an oil/water separator with automatic oil draw-off will be required instead. The Environmental and Public Works Management Department will set specific requirements. Building Permit plans shall show the required installation. Miscellaneous CUP Conditions 28. The building address shall be painted on the roof of the building and shall measure four feet by eight feet (32 square feet). 29. The operation shall at all times be conducted in a manner not detrimental to surrounding properties or residents by reason of lights, noise, activities, parking or other actions. 30. The exterior parking area shall be used for employee and customer parking only and not for repair or finishing work or long-term (over one week) storage of vehicles. 31. If any archaeological remains are uncovered during excavation or construction, work in the affected area shall be suspended and a recognized specialist shall be contacted to conduct a survey of the affected area at project's owner's expense. A determination shall then be made by the Director of Planning and Community Development to determine the significance of the survey findings and appropriate actions and requirements, if any, to address such findings. 34. Street and/or alley lighting shall be provided on public rights-of-way adjacent to the project if and as needed per the specifications and with the approval of the Department of Environmental and Public Works management. 35. Automotive repair facilities and dealerships, parking areas and structures, automotive paint shops, gas stations, equipment degreasing areas, and other facilities generating wastewater with significant oil and grease content are required to pre-treat these wastes before discharging to the City sewer or storm drain system. Pretreatment will require that a clarifier or oil/water separator be installed and maintained on site. In cases where settleable solids are present (or expected) in greater amounts than floatable oil and grease, a clarifier unit will be required. In cases where the opposite waste characteristics are present, an oil/water separator with automatic oil draw-off will be required instead. The Environmental and Public Works Management Department will set specific requirements. Building permit plans shall show the required installation. 32 34. Mechanical equipment shall not be located on the side of any building which is adjacent to a residential building on the adjoining lot. Roof locations may be used when the mechanical equipment is installed within a sound-rated parapet enclosure. 35. Final approval of any mechanical equipment installation will require a noise test in compliance with SMMC section 4.12.040. Equipment for the test shall be provided by the owner or contractor and the test shall be conducted by the owner or contractor. A copy of the noise test results on mechanical equipment shall be submitted to the Community Noise officer for review to ensure that noise levels do not exceed maximum allowable levels for the applicable noise zone. 36. Final building plans submitted for approval of a building permit shall include on the plans a list of all permanent mechanical equipment to be placed outdoors and all permanent mechanical equipment to be placed indoors which may be heard outdoors. Validity of Permits 37. In the event permittee violates or fails to comply with any conditions of approval of this permit, no further permits, licenses, approvals or certificates of occupancy shall be issued until such violation has been fully remedied. 38. Within ten days of Planning Division transmittal of the Statement of Official Action, project applicant shall sign and return a copy of the Statement of Official Action prepared by the Planning Division, agreeing to the Conditions of approval and acknowledging that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval. By signing same, applicant shall not thereby waive any legal rights applicant may possess regarding said conditions. The signed Statement shall be returned to the Planning Division. Failure to comply with this condition shall constitute grounds for potential permit revocation. 39. This determination shall not become effective for a period of fourteen days from the date of determination or, if appealed, until a final determination is made on the appeal. Any appeal must be made in the form required by the Zoning Administrator. The approval of this permit shall expire one year from the permit's effective date, unless, in the case of new development, a building permit has been obtained, or in the case of a change of use, a business license has been issued and the use is in operation prior to the permit expiration date. One six-month extension of the one year period may be permitted if approved by the Director of Planning. Applicant is on notice that time extensions may not be granted if development standards relevant to the project have become more restrictive since project approval. 33 Special Conditions 40. Prior to issuance of a building permit for the proposed project at 1700 Wilshire Boulevard, the applicant shall record with the Los Angeles County Recorder an agreement to develop the three separate parcels as a single building site. 41. A minimum of four bicycle parking spaces shall be provided at the project site. 42. Employee and customer parking shall be provided at no charge. Parking shall comply with Part 9.04.10.08. Areas designated for employee and customer parking shall not be used for vehicle storage or display. 43. Screening of display and non-display areas shall comply with the provisions of Part 9.04.10.04. A minimum two-foot landscape and decorative curb strip, where feasible, shall be provided along the street frontage perimeter of all vehicle display areas. Landscape materials shall be designed to provide an opaque visual buffer at least 12" in height. Applicable setback requirements shall be expanded to require a minimum 5 foot landscaped area adjacent to any abutting residential district. Final design treatment shall be subject to review and approval by the Architectural Review Board. All parking areas not used for automobile display shall be subject to the parking lot screening requirements of Part 9.04.10.04. 44. All lighting shall comply with Section 9.04.10.02.270. 45. Loading and unloading of vehicles is 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 such loading or unloading activities to the extent any such activities violate the provisions of this subsection, as follows: (1) Loading and unloading of vehicles is limited to the hours of 8:00 A.M. to 5:00 P.M. Monday through Saturday, excluding legal holidays. (2) Off-loading shall be on-site or off-site, subject to review and the approval of the Transportation Planning Division. Loading and unloading shall not block the ingress or egress of any adjacent property. (3) New automobile dealerships or substantially remodeled dealerships shall provide off-loading facilities on private property (on or off-site). Shared loading and unloading facilities are permitted for the purposes of meeting this requirement. 46. No vehicles to be repaired shall be parked or stored on any public street or alley. 47. An adequate on-site queuing area for service customers shall be provided. On- 34 site driveways may be used for queuing, but may not interfere with access to required parking spaces. Required parking spaces may not double as queuing spaces. An on-site queuing area is not required if the service and repair of vehicles for customers is not performed within the dealership operations. 48. A test driving plan for the proposed project must be reviewed and approved by the Transportation Management Division prior to issuance of a building permit. 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. 49. The applicant shall present to the Transportation Management Division a plan for slowing traffic flow in the alleys adjacent to the proposed new car facility at 1700 Wilshire Boulevard, with the objective of minimizing dangers to pedestrians and neighboring vehicle operations, and of minimizing noise and other environmental incursions into the neighborhood. Such plans shall be designed to limit maximum speed to 15 miles per hour and may include measures such as speed bumps or dips, one-way traffic patterns, increased signage, parking and loading prohibitions and similar measures. 50. The location of entries and exits from automobile dealerships shall be located as far away from adjacent residential properties as is reasonably feasible and shall be directed to commercial streets and away from residential areas by means of signage and design. The interior circulation system between levels shall be internal to the building and shall not require use of public ways or of externally visible or uncovered ramps, driveways or parking areas. No arrangement shall be permitted which requires vehicles to back into an alley or other public way. 51. The applicant shall comply with the following measures to control noise at the site: (1) There shall be no outdoor loud speakers. Interior loudspeakers shall produce no more than 45 dba at a boundary abutting or adjacent to a residential parcel under normal operating conditions (e.g., with windows open if they are likely to be opened). (2) All noise generating equipment exposed to the exterior shall be muffled with sound absorbing materials to minimize noise impacts on adjacent properties and shall not be operated before 8:00 A.M. or after 6:00 P.M. if reasonably likely to cause annoyance to abutting or adjacent residences. (3) Rooftop storage areas, if proposed, shall be screened with landscaping and noise absorbing materials to minimize noise impacts on adjacent properties. 35 52. The applicant shall comply with the following toxic storage and disposal standards: (2) Gasoline storage tanks shall be constructed and maintained under the same conditions and standards that apply for service stations. (2) There shall be full compliance with the terms and conditions of all City laws relating to the storage and disposal of toxic chemicals and hazardous wastes. 53. The applicant shall comply with the following air quality standards: (1) Use of brake washers shall be required in service stalls or areas which perform service on brakes employing asbestos or other materials known to be harmful when dispersed in the air. (2) All mechanical ventilating equipment shall be directed to top story exhaust vents which face away from abutting or adjacent residential properties. (3) Exhaust systems shall be equipped with appropriate and reasonably available control technology to minimize or eliminate noxious pollutants which would otherwise be emitted. 54. The site shall be entirely paved, except for buildings and landscaping. 60. A landscape area at least 2 feet wide shall be provided along the perimeter of the parcel adjacent to public rights-of-way, excluding authorized driveways. In all other respects, landscaping shall conform to the requirements of Part 9.04.10.04. 61. Refuse storage areas shall comply with Section 9.04.10.02.150. 62. No work shall be performed on automobiles between the hours of 8:00 P.M. and 7:00 A.M., Monday through Saturday, and no work shall be performed on Sundays. 63. The premises shall be kept in a neat and orderly condition at all times and all improvements shall be maintained in a condition of reasonable repair and appearance. No used or discarded automotive parts or equipment or permanently disabled, junked or wrecked vehicles may be stored outside the main building. 64. The use of the property at 1700 Wilshire Boulevard shall be limited to vehicle sales and preparation including vehicle washing and detailing. No repair of customer vehicles shall occur on-site. 65. The applicant shall comply with the provisions of SMMC Section 9.04.18.040 at th the property located at 1215 17 Street regarding the termination of 36 nonconforming buildings and uses. VOTE Ayes: Breisch, Clarke, Kanny, Parlee, White, Zinner Nays: Olsen Abstain: None Absent: None NOTICE If this is a final decision not subject to further appeal under the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, the time within which judicial review of this decision must be sought is governed by Code of Civil Procedure Section 1094.6, which provision has been adopted by the City pursuant to Municipal Code Section 1.16.010. 37 I hereby certify that this Statement of Official Action accurately reflects the final determination of the Planning Commission of the City of Santa Monica. _____________ ___________ Kenneth Breisch, Chairperson Date 38