O1731
CA:atty\muni\laws\cesar\carint4.ord
City council Meeting 2-8-94 Santa Monica, California
ORDINANCE NUMBER 1731
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA
REQUIRING A CONDITIONAL USE PERMIT
FOR CERTAIN COMMERCIAL USES 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 and Purpose. The City Council finds
and declares:
(a) Numerous commercial uses in the city have operating
hours which extend beyond 10:00 p.m. When such uses are in close
proximity to residential uses, and involve significant outdoor
activity or generate automobile traffic, there is a potential for
an adverse effect on the nearby residential uses from intrusive
noise and light.
In addition, certain commercial uses such as
Automobile Washing Facilities pose a potential adverse effect on
the nearby residential uses regardless of hours of operation.
(b) The Zoning Ordinance defines "Automobile Washing
Facility" but does not authorize that use in any zoning district.
(c) The city intends to review the Zoning Ordinance to
determine when a conditional use permit should be required for
- 1 -
commercial uses which have extended hours of operation, and to
determine under what conditions Automobile Washing Facilities
should be authorized, and what standards should apply to those
facilities. Before the Zoning Ordinance is amended, the
potential for approval of commercial projects with extended hours
of operation, or of Automobile Washing Facilities in close
proximity to residential districts, without requiring a
conditional use permit or adherence to property development
standards poses a current and immediate threat to the public
health, safety, and welfare of the residents, and the approval of
permits for stich development would result in a threat to public
health, safety, and welfare in that such approvals would not
appropriately take into account the potential effect on the
integrity and character of the district in which the use is
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 on the public interest,
health, safety, convenience, and general welfare.
(d) Pending the study and possible amendment of the zoning
Ordinance, it is necessary, on an interim basis, to require a
conditional use permit for certain commercial uses with extended
hours of operation, and to establish standards for the operation
of Automobile Washing Facilities in designated zoning districts.
(e) In light of the above findings and purpose, the City
Council adopted on March 23, 1993 Ordinance Number 1678(CCS) to
require a conditional use permit for certain commercial uses with
extended hours of operation, which Ordinance expired on February
- 2 -
7, 1994. The findings and conditions in effect at the time of
the adoption of Ordinance 1678 (CCS) are still applicable, and,
pending the processing of an amendment to the Zoning Ordinance,
it is necessary to renew the ordinance for an additional 10
months and 15 days for the reasons set forth above.
(f) In light of the above findings and purpose, the city
council also adopted, on September 14, 1993, Ordinance Number
1704 (CCS) establishing standards of Automobile Washing
Facilities in certain zones. Ordinance Number 1704 (CCS) has
expired. The findings and conditions in effect on September 14,
1993 at the time of the adoption of Ordinance Number 1704 (CCS)
are still applicable, and, pending the processing of an amendment
to the zoning Ordinance, it is necessary to renew Ordinance
Number 1704 (CCS). In order to clarify the zoning regulations
. and standards applicable to Automobile Washing Facilities and
certain commercial uses, it is in the best interests of the
public to consolidate the applicable provisions of Ordinance
Number 1678 (CCS) and Ordinance Number 1704 (CCS), as set forth
below.
SECTION 2. Interim Zoning for Commercial Uses with
Extended Hours of Operation.
The Planning Commission and City staff are directed to
disapprove all requests for the issuance of building permits and
tentative maps, administrative approvals, development review
permits, business li,censes, certificates of occupancy, or any
other City permits for projects which involve the following
- 3 -
commercial uses, when such uses operate any time between the
hours of 10 p.m. and 7 a.m., and are located within 100 feet of a
residential zoning district, unless a conditional use permit is
obtained in accordance with the provisions of Part 9.04.20.12,
Sections 9.04.20.12.010 through 9.04.20.12.080 of the Zoning
Ordinance:
(1) Automobile Dealerships
(2) Automobile Repair Facilities in the M1 zone
(3) Mini-Marts.
(4) Convenience Markets. A convenience market shall
be defined as a self-service retail market of less than 5000
square feet in floor area selling a variety of commonly purchased
groceries, fast foods, household goods and other similar items.
SECTION
3.
Interim
Zoning
for
Automobile
Washing
Facilities.
In addition to the provisions of section 2, the Planning
Commission and City staff are directed to disapprove all requests
for the issuance of building permits and tentative maps,
administrative approvals , conditional use permits, development
review permits, business licenses, certificates of occupancy, or
any other city permits for projects which include Automobile
Washing Facilities except as set forth below:
(a) Permitted uses. Automobile Washing Facilities shall
be a permitted use in the Ml Industrial Conservation District if
the closest property line of the parcel on which the Automobile
- 4 -
Washing Facility is located is one hundred (100) feet or more
from a residential zoning 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
or parcels not otherwise authorized in section 3(a) above, 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 additional 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
public right-of-way or within twenty (20) feet of any interior
parcel line.
(3) Canooies. 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
- 5 -
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) Paving. 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
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 in
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
- 6 -
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 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, fift,een (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
- 7 -
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.
(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.
(i v) No vehicle that will be or has been
serviced may be parked on public streets, sidewalks, parkways,
driveways, or alleys.
washing
provide
(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
facilities, each automobile washing facility shall
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
- 8 -
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) Tel~phones. 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.
(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 acti vi ties 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.
- 9 -
(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 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
- 10 -
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 Joe 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.
(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 Recyclinq. 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 Quality.
(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
- 11 -
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. Applicability.
The provisions of this Ordinance shall apply to any project
which has not obtained a business license or certificate of
Occupancy before February 23, 1993, and which involves a new use
or a change of use. For purposes of this ordinance, a new use
shall be considered any use on a site for which there has been no
previous legal use for six months or longer, and a change of use
shall be considered any change in type of use.
SECTION 5. Exceptions.
This Ordinance shall not apply to any Automobile Washing
Facility which has obtained a building permit prior to February
9, 1993, and which does not operate between the hours of 10 p.m.
and 7 a.m., unless a conditional use permit is obtained.
SECTION 6. Interpretation.
This Ordinance shall not be interpreted to allow any
commercial uses not otherwise authorized as a permitted use, or
subject to a performance standards permit, in any zoning
district, nor to allow hours of operation beyond the hours
presently authorized for any use in any zoning district.
- 12 -
SECTION 7. This Ordinance shall be of no further force and
effect eighteen (18) months days from its adoption, unless prior
to that date, after a pUblic hearing, noticed pursuant to Santa
Monica Municipal Code section 9.04.20.22.050, the City Council,
by majority vote, extends the interim ordinance.
SECTION 8. This Ordinance is declared to be an urgency
measure adopted pursuant to the provisions of Section
9.04.20.16.060 of the Santa Monica Municipal Code and section 615
of the Santa Monica city Charter. 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 9. Any provision of the Santa Monica Municipal
Code or appendices thereto, or any interim ordinances,
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 effect the provisions of
this Ordinance.
SECTION 10. 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
- 13 -
any portion of the Ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 11. 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.
A~PROVED AS TO, FORM:
;' 1<. 4...-j
\ I . /
''', - , I. .'-', .
~ ~.-t(<(' i. .' '...J (( /r'-..C-~
" JOSEPH ~WRENCE
\~~ng City Attorney
- 14 -
Adopted and approved this 22nd day of February, 1994.
tyO~~
I hereby certify that the foregoing Ordinance No. 1731 (CCS) was duly and regularly
introduced and adopted at a meeting of the City Council on the 22nd day of February, 1994;
by the following Council vote:
Ayes:
Councilmembers:
Abdo, Genser, Greenberg, Holbrook, Rosenstein,
Vazquez
Noes:
Councilmembers:
Olsen
Abstain: Councilmembers: None
Absent: Councilmembers: None
ATTEST:
~~L~0~
City ,Clerk