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O1695 CA:MHS:washl\wp5l\pc\df City Council Meeting 7-27-93 Santa Monica, California ORDINANCE NUMBER 1695(CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ESTABLISHING STANDARDS FOR AUTOMOBILE WASHING FACILITIES IN CERTAIN ZONES ON AN INTERIM BASIS AND DECLARING THE PRESENCE OF AN EMERGENCY THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN AS FOLLOWS: SECTION 1. Findings. The city Council finds and declares: (a) The Zoning Ordinance defines "automobile washing facility" but does not authorize that use in any zoning district. The city intends to study the Zoning Ordinance and determine under what conditions automobile washing facilities should be authorized, and what standards should apply to those facilities. (b) Pending such study and amendment of the Zoning ordinance, it is necessary on an interim basis to allow automobile washing facilities in designated zoning districts, subject to specified standards. without such an interim measure, new automobile washing facilities would be effectively banned from all districts in the city. Automobile washing facilities are a necessary service and convenience to Santa Monica citizens 1 so long as the development of the facility appropriately takes into account the potential effect on the integrity and character of the district in which the use it to be located; the compatibility of the use with the surrounding neighborhood and general area in which the use is to be located; and other' potential detrimental effects. (c) The existing ban on automobile washing facilities poses a current and immediate threat to the public health, safety, and welfare of the citizens, for the reasons set forth above, and the potential for continued denial of such use would result in a threat to public health, safety, or welfare. SECTION 2. Purpose. The purpose of this Ordinance is to ensure that automobile washing facilities do not result in an adverse impact on adjacent land uses, especially residential uses, and to provide for the mitigation of potential noise, fumes, litter, runoff, bright lights and parking problems which may be associated with automobile washing facilities. While automobile washing facilities are needed by residents, visitors, and employees in the city, the traffic, glare, and patterns of use associated with automobile washing facilities, particularly those open twenty-four (24) hours per day, may be incompatible with nearby uses, particularly residential uses. Therefore, in the interest of protecting the health, safety, and general welfare of the City and its residents, special regulation shall 2 be imposed on automobile washing facilities, consistent with the goals, objectives, and policies of the General Plan. SECTION 3. Interim Zoning. Notwithstanding provisions of the Zoning Ordinance to the contrary, applications for Automobile Washing Facilities shall be accepted and reviewed in accordance with the following standards: (a) Permitted uses. Automobile washing facilities shall be a permitted use in the Ml Industrial Conservation District if located more than one hundred (100) feet from a residential district. (b) conditionally Permitted Uses. Automobile washing facilities shall be permitted subject to the approval of a conditional use permit in the M1 Industrial Conservation District if located within one hundred (100) feet of a residential district, and in the C4 Highway commercial District. (c) property Development Standards. Any Automobile Washing Facility authorized by this Ordinance shall comply with the property development standards for the district in which it is to be located (including setback, height, etc.), and with the following standards: (1) Minimum Parcel size. Seven thousand five hundred (7,500) square feet. (2) Setbacks. No building or structure for a self- service car wash shall be located within thirty (30) feet of any 3 public right-of-way or within twenty (20) feet of any interior parcel line. (3) Canopies. Any canopy shall be at least five (5) feet from any property line. (4) Walls. Automobile washing facilities shall be separated from adjacent property other than street frontage by a masonry wall of not less than six (6) feet in height. If adjacent property is commercially developed and a solid wall already exists on the property line, the Zoning Administrator may modify or waive this requirement as necessary to achieve the purposes of this Ordinance. Materials, textures, colors, and design of all walls shall be compatible with the design of the principal structure on the parcel and adjacent properties. No wall required to be erected and maintained by the provisions of this section shall be constructed within five (5) feet of a driveway entrance or vehicle accessway opening onto a street or alley which would obstruct a cross view of pedestrians on the sidewalk, alley, or elsewhere, by motorists entering or exiting the parcel. (5) Pavinq. The site shall be entirely paved, except for buildings and landscaping. (6) Landscapinq. The site shall be landscaped pursuant to the following standards: (i) A minimum of ten percent (10%) of the site shall be landscaped, and shall include, at a minimum, a planting strip at least three (3) feet wide along all interior parcel 4 lines, non-driveway street frontages, and adjacent to buildings. Planters shall be surrounded by masonry or concrete curbs and so arranged as to preclude motor vehicles from driving across the sidewalk at locations other than access driveways. Permanent opaque landscaping or berming shall be provided and maintained ln the planters at a height of not less than three (3) feet above the average adjacent grade. (ii) A minimum of one hundred fifty (150) square foot landscaped area shall be provided at the intersection of two (2) property lines at a street corner. (iii) All landscaped areas shall be properly maintained in a neat, orderly, and safe manner, pursuant to Subchapter 9.04.10.02 of the Zoning Ordinance. Such landscaping and maintenance shall include, but not be limited to, the installation and use of an automatic irrigation system, permanently and completely installed, which delivers water directly to all landscaped areas. (iv) All street trees shall be preserved or replaced where missing, as required by the city, and driveways and vehicle approaches shall be designed so as not to necessitate the removal of any existing street trees. (v) Final landscaping design treatment shall be subject to review and approval by the Architectural Review Board. (7) Access and Circulation. Unless otherwise approved by the Parking and Traffic Engineer, no more than two (2) driveways shall be permitted on anyone (1) street frontage. If 5 one driveway the maximum width shall be thirty-five (35) feet; if two driveways the maximum width of each shall be thirty (30) feet. Driveways shall be located as follows: (i) Driveways shall not be located closer than fifty (50) feet from a street intersection, fifteen (15) feet from a residential property line or alley, nor as to otherwise interfere with the movement and safety of vehicular and pedestrian traffic. (ii) All washing facilities shall be located within a building which is enclosed except those openings necessary for vehicular and pedestrian access. Such openings shall not face any adjacent residentially zoned property. Access to the washing area shall not be located within 50 feet of a residentially zoned property. (8) Parking. Parking shall be provided in the following manner: (i) There shall be a minimum of two (2) parking spaces for each washing stall, not including the stall, plus one (1) space for each three hundred (300) square feet of retail area. For facilities without defined stalls, the calculated minimum stall number shall be equal to one (1) stall for each twenty (20) linear feet of washing area lane. (ii) The parking area shall be landscaped and striped in conformance with Subchapter 9.04.10.02 of the Zoning Ordinance. 6 (iii) Customer and employee parking shall not be utilized for automobile repair or storage of vehicles. Customer parking areas may be used for hand drying of vehicles. (iv) No vehicle that will be or has been serviced may be parked on public streets, sidewalks, parkways, driveways, or alleys. (v) No vehicle may be parked on the premises for the purpose of offering it for sale unless the establishment has also been approved for automobile sales. (9) Restrooms. Except for self-service automobile washing facilities, each automobile washing facility shall provide a men's and women's restroom which are accessible to customers, including the physically disabled, during all hours the establishment is open to the public. Restrooms shall be attached to a structure on site with entrances or signage visible from the waiting area or cashier station, shall be maintained on a regular basis, and concealed from view of adjacent properties by planters or decorative screening. (10) Telephones. At least one (1) public telephone shall be provided at each Automobile Washing Facility. (11) Vendinq Machines. Coin-operated vending machines may be permitted within or abutting a structure for the purpose of dispensing items commonly found in Automobile Washing Facilities, such as refreshments and maps. 7 (12) Game Machines. Up to three (3) arcade or game machines or other coin-operated electronic machines shall be permitted if located within an enclosed building. (13) Location of Activities. All washing, vacuuming, waxing, machine drying and related activities and operations shall be conducted entirely within an enclosed service building, except as follows: (i) Hand drying of vehicles. (ii) The sale of items from vending machines placed next to the main building in a designated area which shall not exceed thirty-two (32) square feet and shall be screened from public view. (14) Refuse Storaqe and Disposal. A trash and recycling area shall be provided and screened on at least three (3) sides from public view by a solid opaque impact-resistant wall not less than five (5) feet in height as required by Subchapter 9.04.10 of the Zoning Ordinance. (i) All trash and recycled materials shall be deposited in the trash area and the gates leading thereto shall be maintained in working order and shall remain closed except when in use. (ii) Refuse bins shall be provided and placed in a location convenient for customers. (iii) Trash areas shall not be used for storage. The premises shall be kept in a neat and orderly condition at all times and all improvements shall be maintained in a condition of 8 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. (15) utilities. All utilities shall be placed underground. (16) Liqhtinq. All lighting shall comply with the. provisions of Subchapter 9.04.10.02 of the Zoning Ordinance. (17) Operation of Facilities. The facility shall at all times be operated in a manner not detrimental to surrounding properties or residents. site activities shall not produce or be reasonably anticipated to produce any of the following: (i) Damage or nuisance from noise, smoke, odor, dust, or vibration. (ii) Hazard from explosion, contamination, or fire. (iii) Hazard occasioned by the unusual volume or character of traffic, or the congregating of a large number of people or vehicles. (iv) Glare from headlights. (18) Hours of Operation. If located within one hundred (100) feet of a residential district, operation of the establishment shall be prohibited prior to 8:00 a.m. or after 10:00 p.m. on weekdays, prior to 9:00 a.m. or after 10:00 p.m. on Saturdays, and prior to 9:00 a.m. or after 9:00 p.m. on Sundays. (19) Outdoor Loudspeakers. There shall be no outdoor loudspeakers or public address systems. 9 (20) Security Plan. A security plan shall be developed by the applicant and approved by the Chief of Police prior to issuance of a building permit. (21) Oueuinq of Vehicles. An on-site queuing plan for service customers shall be provided for the approval of the Parking and Traffic Engineer. On-site driveways may be used for queuing, but may not interfere with access to required parking spaces. (22) Water Recycling. Recycling of water used for vehicle washing shall be maximized. The Department of General Services shall approve recycling systems used at automobile washing facilities. (23) Air Oualitv. (i) All mechanical ventilating equipment shall be directed to top story exhaust vents which face away from any adjacent residential properties. (ii) Exhaust systems shall be equipped with appropriate and reasonably available control technology to minimize or eliminate noxious pollutants which would otherwise be emitted. (24) Noise. All operations at the site shall comply with the City's Noise Ordinance, as set forth in Chapter 4.12 of the Santa Monica Municipal Code. SECTION 4. This Ordinance shall be of no further force and effect 45 days from its adoption, unless, prior to that date, 10 after a public hearing, noticed pursuant to Santa Monica Municipal Code section 9.04.20.16.050, the City Council, by majority vote, extends the interim ordinance. SECTION 5. This Ordinance is declared to be an urgency measure adopted pursuant to the provisions of Santa Monica Municipal Code section 9.04.20.16.060 and Santa Monica city Charter section 615. It is necessary for preserving the public peace, health and safety, and the urgency for its adoption is set forth in the findings above. SECTION 6. Any provision of the Santa Monica Municipal Code or appendices thereto, or Ordinance 1678 (CCS) , inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. SECTION 7. 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 any 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 11 any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 8. 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 upon adoption. APPROVED AS TO FORM: ~~~ JO H LAWRENCE Acting City Attorney 12 Adopted and approved this 27th day of July, 1993. ~d/b yor I hereby certify that the foregoing Ordinance No. 1695(CCS) was duly and regularly introduced at a meeting of the City Council on the 27th day of July 1993; that the said Ordinance was thereafter duly adopted at a meeting of the City Council on the 27th day of July 1993 by the following Council vote: Ayes: Councilmembers: Abdo, Genser, Greenberg, Holbrook, Olsen, Rosenstein, Vazquez Noes: Councilmembers: None Abstain: Councilmembers: None Absent: Councilmembers: None ATTEST: Lf~ / ( // ' .,~ ~ City Clerk;