O2264F:\atty\m u n i\laws\barry\a utodea lersinterimo rdext5-27-08
City Council Meeting 5-27-08 Santa Monica, California
ORDINANCE NUMBER 2264 (CCS)
(City Council Series)
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA.EXTENDING THE INTERIM ORDINANCES MODIFYING ZONING
REGULATIONS PERTAINING TO AUTOMOBILE DEALERSHIPS, ASSOCIATED
AUTOMOBILE PARKING. STRUCTURES AND AUTOMOBILE STORAGE LOTS,
INCLUDING ALLOWING DEVELOPMENT OF AUTOMOBILE PARKING
STRUCTURES AND AUTOMOBILE STORAGE FACILITIES ASSOCIATED WITH AN
ADJACENT DEALERSHIP ON CERTAIN RESIDENTIALLY ZONED SITES,
ESTABLISHING DEVELOPMENT STANDARDS, DESIGN STANDARDS, REVIEW
PROCESSES AND OPERATIONAL STANDARDS, AUTHORIZING AUTOMOBILE
DEALERSHIPS IN THE M1 DISTRICT, ADJUSTING THE F.A.R. CALCULATION
METHODOLOGY, AUTHORIZE EMPLOYEE PARKING ON EXISTING INVENTORY
LOTS IN THE BCD ZONING DISTRICT AND MODIFYING THE TEMPORARY USE
PERMIT PROVISIONS FOR DEALERSHIPS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Findings and Purpose. The Council finds and declares:
(a) Auto dealerships have a long history in the City, dating back as early as the
1920's with the establishment of Claude Short Dodge and W.I. Simonson Mercedes.
(b) By the 1950's and 1960's, a significant number of dealerships were located
in the City, with most of the dealerships concentrated along a stretch of Santa Monica
Boulevard between 9th Street and the City's east boundary.
(c) Some Santa Monica dealerships pre-date the residential development that
now surrounds them, while others pre-date the intensity.of that development.
(d) The higher density residential development and increasing pressure on
dealerships with. relatively small land areas has intensified the conflict between
surrounding residents and the auto dealerships.
(e) The City has received regular complaints regarding dealership operations
specifically with regard to the use of alleys,. noise, lighting, glare, off-loading inventory,
test driving, repair work and customers and employees parking on residential streets.
(f) The overall parking shortage in the vicinity of auto dealerships has given rise
to conflicts over the use of street parking, resulting in the creation of many permit-
parking zones in the residential streets adjacent to Santa Monica Boulevard.
(g) Auto dealerships have similarly been dissatisfied with the development
potential for expansion in their existing .locations or in the nearby vicinity.
(h) In February 2001, a group of dealerships presented the City with a study
prepared by the consulting firm of HR&A which outlined the dealers' concerns with the
existing Zoning .regulations and made specific. recommendations for amending the
current standards and imposing operational requirements applicable to existing
dealerships.
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(i) Recognizing the economic importance to the City of retaining these
businesses, the City Council directed the Planning Division to study the auto dealers'
concerns and the conflicts with neighboring residential uses.
(j) -The City hired the consultant -team of Cotton/Bridges/Associates, Moore,
lasofano Goltsman, fnc, and Economics Research Associates to review the HR&A
study,.evaluate the issues involved and recommend proposals for amending the-City's
regulatory scheme.
(k) During a six month period, City staff aided by the consultant team held
numerous neighborhood .community meetings, met with the owners of auto dealerships,
and analyzed the data provided in the HR&A report.
(I) On April 21, June 2, and June 16, 2004, the Planning Commission
conducted a study session to review and comment on recommendations regarding
changes to the Zoning Code regulations pertaining to auto dealerships in commercial
and industrial zones in the City, as well as residential zones with Parking Overlay ("A)
designations.
(m) On September 28, 2004, the City .Council considered the Planning
Commission and staff recommendations regarding changes to the Zoning Code
regulations for auto dealerships. At the conclusion of this hearing, the City Council
directed staff to return with a proposed interim ordinance for its consideration.
(n) On July 6, 2005, the Planning Commission initiated the process to amend the
City's General Plan Land Use Element to modify certain policies governing parking
structures on parcels zoned for low. and medium-density housing.
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(o) On July 20, 2005, the Planning Commission held a public hearing to consider
this General Plan amendment and forwarded its recommendations to the City Council.
(p) The City Council held public hearings on the General Plan amendment and
the initial interim ordinance on October 25, 2005 and March 28, 2006. The City Council
adopted the initial interim ordinance, Ordinance Number 2179 (CCS), on April 11, 2006.
The City Council extended the initial interim ordinance through the adoption of
.Ordinance Number 2186 (CCS) on May 25, 2006.
(q) This interim ordinance modifies Zon ing Code regulations pertaining to
automobile dealerships, associated parking structures, and automobile storage facilities,
including allowing development of parking structures on parcels zoned for low and
medium-density housing that are adjacent to existing dealerships and are lawfully used
by them currently, modifies the existing development standards for automobile
dealerships in the C4, C6, and LMSD Zoning Districts, authorizes automobile
..dealerships in the M1 Zoning District subject to a Performance Standards Permit or
Development Review depending on .the project size, authorizes employee parking on
existing inventory lots in the BCD Zoning District, and modifies certain operational
standards and review processes.
(r) As detailed above, the existing Zoning Code .regulations relating to
automobile dealerships pose a current and immediate threat to the public health, safety,
and welfare of the residents and auto dealerships. For these reasons, the Zoning
Ordinance continues to require review and revision as it pertains to the appropriate
standards that should govern these dealerships.
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(s) Pending completion of this review and revision, which will occur as part of the
Land Use Element/Zoning Ordinance update, in order to protect the public health,
safety, and welfare, it is necessary.. on an interim basis to extend the interim
modifications to certain zoning standards pertaining to automobile dealerships,
automobile storage lots, and automobile centers, including allowing development of
parking structures on parcels zoned for low and medium-density housing that are
adjacent to existing dealerships and are lawfully used by them currently, modifying the
existing development standards, design standards, review processes, and operational
standards, authorizing automobile sales in the M1 Zoning District subject to a
Performance Standards Permit or Development Review depending on the project size,
authorizing employee parking on existing inventory lots in the BCD Zoning District, and
modifying the temporary use permits provisions for automobile dealerships.
(t) Ordinance Number 2186 (CCS) will expire on July 10, 2008 unless extended.
Adoption of the proposed extension ordinance will provide adequate time to amend the
City's Zoning Ordinance on a permanent basis in conjunction with the Land Use
Element/Zoning Ordinance update.
(u) As described above,- there exists a current and immediate threat to the
public health, safety, and welfare should this interim ordinance not be adopted.
Consequently, it is necessary for this ordinance to extend the provisions of Ordinance
Number 2179 (CCS) and Ordinance 2186 (CCS) up to and including August 8, 2010,
establishing on an interim basis the following development standards:
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SECTION 2. C4 Commercial Zone: New automobile dealerships and the
indoor or outdoor expansion of existing automobile dealerships shall. be allowed in the
C4 Highway Commercial District subject to the following property development
standards:
(a) Maximum FAR: The maximum Floor-Area-Ratio (FAR) on all lots shall be
1.5. For purposes of calculating FAR, all semi-subterranean and subterranean floor
area shall be excluded and rooftop floor area dedicated to parking or storage uses shall
be discounted by 50%.
(b) Maximum Building Height: 35 feet, except that for parcels fronting on
Lincoln Boulevard north of the Santa Monica Freeway, the maximum height shall not
exceed 45 feet. There shall be no limit on the number of stories provided that the height
does not exceed the maximum number of feet permitted by this subsection (b).
(c) Rear Yard Setback: None, except:
(1) Where the rear parcel line abuts a residential district, a rear yard equal to:
5' + (stories X lot width)
50'
The required rear yard may be used for parking or loading to within five feet of the rear
parcel line provided the parking or loading does not extend above the first floor level
and provided that a wall not less than five feet or more than six feet in height is erected
and maintained along the rear commercial parcel line. Access driveways shall be
permitted to perpendicularly cross the required rear yard provided the driveway
complies with access requirements in Santa Monica Municipal Code Section
9.04.10.08.090 and does not exceed the minimum width permitted for the parking area.
A required rear yard shall not be used for commercial purposes.
(2) To the extent needed to accommodate landscaping and screening for a rear
yard buffer required pursuant to Santa Monica Municipal Code Part 9.04.10.04.
(3) The exception specified in this subsection (c) shall not apply when the
adjacent residential parcel is used by the automobile dealership.
(d) Side Yard Setback: None, except:
(1) Where the interior side parcel line abuts a residential district, an interior
side yard equal to:
5' + (stories X lot width)
50'
The interior side yard may be used for parking or loading to within five feet to the interior
side property line provided the parking or loading does not extend above the first floor
level and provided a wall not less than five feet or more than six feet in height is erected
and maintained along the side commercial parcel line. A required interior side yard shall
not be used for vehicle access or for commercial purposes.
(2) To the extent needed to accommodate landscaping required for a street
side yard, landscape buffer and screening pursuant to Santa Monica Municipal Code
Part 9.04.10.04.
(3) The exception specified in this subsection (d) .shall not apply when the
adjacent residential parcel is used by the automobile dealership.
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(e) Rooftop Parking: Rooftop parking is permitted subject to the special
standards set forth in Section 6.
(f) Design Standards. Parking structures and automobile storage lots within an
automobile dealership constructed under these provisions shall be subject to the design
standards set forth in Section 6.
(g) Other Property Development Standards: All other property development
standards set forth in Santa Monica Municipal Code Section 9.04.08.22.060 shall apply
except to the extent they are inconsistent with the standards set forth in this Section 2.
(h) Approval Process: A floor area expansion to or establishment of a new
automobile. dealership shall be subject to a Performance Standards Permit (PSP) if the
new use or added floor area is greater than 2,000 square feet of net new office or
showroom floor area, but less than 7,500 square feet of floor area. A Conditional Use
Permit (CUP) and a Development Review (DR) Permit shall be required if the new use
or added floor area are 7,500 square feet or greater in floor area. The PSP and the
CUP shall be subject to the. standards set forth in Section 7. The DR Permit shall be
subject to Santa Monica Municipal Code Part 9.04.20.14.
(i) Pedestrian Orientation: Ground floor street frontage of each structure shall be
designed with pedestrian orientation in accordance with Santa Monica. Municipal Code
Section 9.04.10.02.440.
(j) ARB Review: All new construction, new additions to existing buildings and
any other exterior improvements that require issuance of a building permit'shall be
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subject to architectural review pursuant to the provisions of Santa Monica Municipal
Code Chapter 9.32
SECTION 3. C6 Commercial Zone.. The indoor or outdoor expansion of existing
automobile dealerships shall be .allowed in the C6 Boulevard Commercial District
subject to the following property development standards:
(a) Maximum FAR: The maximum Floor-Area-Ratio (FAR) on all lots shall be
1.5, except the maximum FAR shall be 2.0 on lots 7,500 square feet or less. For
purposes of calculating FAR, all subterranean and semi-subterranean floor area shall
be excluded and rooftop floor area dedicated to parking or storage uses shall be
discounted by 50%.
(b) Maximum Building Height: 45 feet.. However, there shall be no limit on the
number of stories provided that the height does not exceed the maximum number of
feet. permitted by this subsection (b).
(c) Rear Yard Setback: None, except:
(1) Where the rear parcel line abuts a residential district; a rear yard equal to:
5' + (stories X lot width)
50'
The required rear yard may be used for parking or loading to within five feet of the rear
parcel line provided the parking or loading does not extend above the first floor level
and provided that a wall not less than five feet or more than six feet in height is erected
and maintained along the rear commercial parcel line. Access driveways shall be
permitted to cross perpendicularly the required rear yard provided the driveway does
not exceed the minimum width permitted for the parking area. A required rear yard shall
not be used for commercial purposes.
(2) To the extent needed to accommodate landscaping arid screening for a
rear yard buffer required pursuant to Santa Monica Municipal Code-Part 9.04.10.04.
(3) The exception specified in this subsection (c) shall- not apply when the
adjacent residential parcel is used by the automobile dealership.
(d) Side Yard Setback: None, except:
(1) Where the interior side parcel line abuts a residential district, an interior
side yard equal to:
5' + (stories X lot width)
50'
The interior side yard may be used for parking or loading to within five feet to the
interior side property line provided the parking or loading does not extend above the first
floor level and provided a wall not less than five feet or more than six feet is erected and
maintained along the side commercial parcel line. A required interior side yard shall not
be used for vehicle access or for commercial purposes.
(2) To the extent needed to accommodate landscaping required for a street
side yard, landscape buffer and screening pursuant to Santa Monica Municipal Code
Part 9.04.10.04.
(3) The exception specified in this subsection (d) shall not apply when the
adjacent residential parcel is used by the automobile dealership.
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(e) Rooftop Parking: Rooftop parking is permitted on all parcels subject to the
special standards set forth in Section 6.
(~ Design Standards. Parking structures and automobile storage lots within an
automobile dealership constructed under these provisions shall be subject to the design
standards set forth in Section 6.
(g) Other Property Development Standards: All other .property development
standards set forth in Santa Monica Municipal Code Section 9.04.08.26.060 shall apply
except to the extent they are inconsistent with the standards set forth in this Section 3.
(h) Approval Process: A floor area expansion to an existing automobile
dealership shall be subject to a Performance Standards Permit (PSP) if the additional
floor area is greater than 2,000 square feet of net new. office or showroom- floor area,
but less than 7,500 square feet of floor area. A Conditional Use Permit (CUP) and
Development Review (DR) Permit shall be required if the addition is 7,500 square feet
or greater in floor area. The PSP and the CUP shall be subject to the standards set
forth in Section 7. The DR Permit shall be subject to Santa Monica Municipal Code Part
9.04.20.14
(i) Pedestrian Orientation: Ground floor street frontage of each structure shall be
desighed with pedestrian orientation in accordance with Santa Monica Municipal Code
Section 9.04.10.02.440.
Q) ARB Review: All new construction, new additions to existing buildings and
any other exterior improvements that require. issuance of a building permit shall be
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subject to architectural review pursuant to the provisions of Santa.Monica Municipal
Code Chapter 9.32.
SECTION 4: Residential and "A" Off-Street Parking Overlay Zones: Lots
designated ("A") Off-Street Parking Overlay District, Low Density Multiple-Family
Residential District (R2), or Medium Density Multiple Family Residential District (R3)
that are contiguous to and were used legally in conjunction with an automobile
dealership in operation on September 28, 2004; which automobile dealership. uses have
not subsequently been abandoned ("Qualifying Lots"), may be developed as an
automobile storage structure or parking structure provided these uses are operated in
conjunction with an automobile dealership on the associated and adjacent commercial
lot and the development is undertaken pursuant to the following standards:
(a) Maximum Parcel Coverage: 50% of residential parcel area.
(b) Maximum Building Height:
(1) R2 Zone: 23 feet, excluding four feet of the required parapet.
(2) R3 Zone: 28 feet; excluding four feet of the required parapet.
(c) Setbacks:
(1) A minimum 20 foot setback from the property line adjacent to a public
street.
(2) A minimum 15 foot setback shall be provided from the property line
opposite the street facing property line. Where an alley is present, this distance may be
measured from the alley centerline.
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(3) Except when subsection (c)(2) of this Section applies, a minimum 8 foot
setback shall be provided between any above grade structure and a property line that is
shared with an adjacent residential property that is not used as part of an automobile
dealership.
(d) Inventory Storage on Surface Lots. A qualifying lot may be used for
surface inventory storage only if the following conditions are met:
(1) Any displaced required parking shall be relocated to another off-street
location that is:
(A) Located within 750 feet of the qualifying. lot, or
(B) .Located within 300 feet of a public transit line that connects the off-street
location with the dealership and the dealership provides free bus passes to its
employees, or
(C) Serviced by adealership-provided shuttle between the off-street location
and the qualifying lot which has been approved by the City's Director of Planning.
(2) .The displaced parking shall be returned to the qualifying lot if the criteria of
subsection (d)(1) are no longer met.
(e) Prohibited Uses. No portion of a residentially zoned parcel may be used
for auto repair work, rental car use, automobile washing, outdoor display of vehicles,
commercial signage, storage tanks, inventory storage on surface lots (except as
provided in subsection (d) of this Section), or any other use not specifically identified in
this Section 4.
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(f) Rooftop Parking: Rooftop parking is permitted subject to the special
standards set forth in Section 6.
(g) Exemption from additional multi-family development standards: Except as
set forth or modified herein, the property development standards of Santa Monica
Municipal. Code Section 9.04.08.06.060 and Santa Monica Municipal. Code Section
9.04.08.06.070 shall not apply in order to accommodate the specific structural and
design requirements of parking and automobile storage structures.
(h) Approval Process: A Conditional Use Permit (CUP) and Development
Review (DR) Permit shall be required for the development of any parking structure or
automobile storage lot. The CUP shall be subject to the standards set forth in Section
7. The DR Permit shall be subject to Santa Monica Municipal Code Part 9.04.20.14.
(i) ARB Review: All new construction, new additions to existing buildings and
any other exterior improvements that require. issuance of a building permit shall be
subject to architectural review pursuant to the provisions of Chapter 9.32 of this
Chapter.
Q) Design Standards. Parking structures constructed under these provisions
shall be subject to the design standards set forth in Section 6.
(k) Use to revert to residential: Structures constructed under these provisions on
residential parcels without an "A" Off-street Parking Overlay designation shall be
permitted to remain only when operated. in cohjunction with an automobile dealership on
the adjacent commercial lot. If the automobile dealership use is abandoned, the parking
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structure shall be removed or incorporated into a residential project on the residential
parcel(s) within 3 years.
(I) Housing Impact Fee: Parking structures and automobile storage lots
constructed on parcels designated as Low Density Multiple-Family Residential (R2) and
Medium Density Multiple Family Residential (R3), without an "A" Off-Street Parking
Overlay designation, may be subject to an Affordable Housing Fee established by
resolution of the City Council to mitigate the impact of the loss of the potential
development of affordable housing on these sites.
SECTION 5. M1 and LMSD Zones: Automobile dealerships, automobile storage
lots, and parking structures operated in conjunction with an automobile dealership shall
be allowed in the M1 Industrial Conservation District and the LMSD Light Manufacturing
and Studio District subject to the following property development standards:
(a) Maximum FAR: The maximum Floor-Area-Ratio (FAR) on all lots shall be
1.5. For purposes of calculating FAR, all subterranean and semi-subterranean floor
area shall be excluded and rooftop floor area dedicated to parking or storage uses shall
be discounted at 50%.
(b) Maximum Building Height: 35' unless the lot is located adjacent to a
residential use in which case the structure must have a 10' stepback from the property
line shared with the residential use.
(c) Property Development Standards: Except as modified in this Section 5, all
property development standards set forth in Santa Monica Municipal Code Section
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9.04.08.34.060 shall apply to the uses authorized by this Section that are located in the
M1 District and all development standards set forth in Santa Monica Municipal Code
Section 9.04.08.35.050 shall apply to the uses authorized by this Section that are
located in the LMSD District.
(d) Design Standards. Parking structures -and automobile storage .lots
constructed under these provisions shall be subject to the special standards set forth ih
Section 6.
(e) M1 Approval Process: The uses authorized by this Section may be
permitted in the M1 zone subject to the approval of a Performance Standards Permit
(PSP) if a new development or expansion to an existing development is greater than
2,000. square feet of net new office or showroom floor area, but less than 7,500 square
feet in floor area. The uses authorized by this Section may be permitted in this zone
subject to the approval of a Conditional Use Permit (CUP) and a Developmeht Review
(DR) Permit if the new development or expansion. to an existing development is 7,500
square feet or more in floor area. The PSP and the CUP shall be subject to the
standards set forth in Section 7. The DR Permit shall be subject to Santa Monica
Municipal Code Part 9.04.20.14.
(f) LMSD Aporo4al Process: The uses authorized by this Section may be
permitted in the LMSD zone subject to the approval of a Conditional Use Permit (CUP)
in accordance with the standards set forth in Section 7. If the new development or
expansion to an existing development is 7,500 square feet or more in floor area, a
.Development .Review (DR) Permit shall also be required in accordance with Santa
Monica Municipal Code Part 9:04.20.14.
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(g) ARB Review: All new construction, new additions to existing buildings and
any other exterior improvements that require issuance of a building permit shall be
subject to architectural review pursuant to the provisions of Santa Monica Municipal
Code Chapter 9.32.
SECTION 6. Special Standards for Parking Structures and Automobile Storage
Lots. Parking structures and automobile storage lots associated with an automobile
dealership shall comply with the following special project design standards:.
(a) Design Standards:
(1) Except for emergency-only pedestrian exists required by the Building Officer,
parking structure walls facing property lines that are adjacent to a residential use shall
be solid and decorative subject to the approval of the ARB. Openings may be permitted
adjacent to a public street or commercially zoned property.
(2) Non-skid or other similar surface treatment on both floors and ramps of the
parking structure shall be required to prevenf tire squeals. This material shall be subject
to the review and approval of the Director of Planning and Community Development.
(3) Light sources shall be designed to contain direct and diffuse lighting and
glare on the subject property.
(4) Rooftop parking oh parcels that directly abut or are separated by an alley
from a residential district is only permitted if the parking structure provides a 6 foot
parapet on the side of the parking structure closest to the residential district. This
parapet shall be solid and have a surface density of 4 pounds per square foot.
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(5) In order to minimize noise and air impacts, exhaust vents and other
mechanical-equipment associated with a parking structure shall be located. as far from
residential uses as feasible consistent with the Chapter 8 of the Santa Monica Municipal
Code.
(6) Floor area dedicated to employee and customer parking and vehicle storage
shall not apply to refuse and recycling requirements in Santa Monica Municipal Code
Section 9.04.10.02.150 and Section 9.04.10.02.151 unless otherwise required by the
Director of Environmental and Public Works Management or his/her designee in order
to protect the public health, safety, and general welfare.
(7) Parking structures developed in dots designated Parking ("A") Overlay, Low
Density Multiple-Family Residential (R2), or Medium Density Multiple Family Residential
(R3) shall also comply with the following additional requirements:
(A) Ingress and egress shall be from the adjacent commercial lot. The Planning.
Commission may approve an alternative access plan that minimizes impacts to adjacent
residential uses if it determines that access from the commercial lot is precluded by
existing commercial development.
(B) At least 10% of the parking spaces within a structure shall be maintained and
designated for employee parking only, unless the Planning Commission determines
based on an employee parking demand analysis that sufficient parking is otherwise
provided either on-site or at an acceptable off-site location.
(C) If the structure is developed in conjunction with development on adjaceht
commercial lots, the. project shall be designed so that building mass increases toward
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the commercial street and architectural elements that are permitted to exceed height
limits are located away from adjacent residential uses to the greatest extent feasible.
(D) Notwithstanding Santa Monica Municipal Code Section 9.04.10.02.170, a
four foot unexcavated area shall be provided along the entire length of a property line
shared by an automobile dealership and an adjacent residentially zoned property. Fifty
percent of the required yard area adjacent to a public street shall remain unexcavated.
(E) Notwithstanding Santa Monica Municipal -Code Section 9.04.10.02.170, a
landscaped buffer of minimum five-foot width shall be required along the property line
adjacent to a residential use. The buffer shall include a hedge to be maintained up to
12 feet in height where adjacent to a residential side yard and 42 inches in height where
adjacent to a residential front yard. The Planning Commission may reduce or waive any
part of this requirement if such reduction or waiver is consistent with-the public health,
safety, and general welfare.
(F) At least fiftypercent of the required yard area set forth in subsection (c)(1) of
Section 4 adjacent to a public street shall be landscaped pursuant to the provisions of
Santa Monica Municipal Code Part 9.04.10.04. Fifty percent of the unexcavated area
within this required yard shall be landscaped.
SECTION 7. Pertormance Standards Permit and Conditional Use Permit
Requirements: Automobile dealerships, automobile storage lots, and parking structures
subject to a performance stahdards permit or a conditional use permit shall comply with
the following standards except to the extent that the reviewing authority.determines that
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compliance with any of these standards would. create an undue hardship given existing
site conditions.. Existing automobile dealerships shall comply with subsections (a), (d),
(e), (h), (i); (k), (n), and (p) of this Sectiori 7.
(a) Parking and Vehicle Storage. Parking and vehicle storage spaces shall
only be for automobile dealership use. Vehicle storage spaces may also be used by
other automobile dealerships for automobile storage provided that these vehicles-would
otherwise have been located elsewhere in the City. On-site customer parking shall be
provided at no charge. Subject to the approval of the Transportation Planning Manager,
on-site employee parking may be provided for a charge, but only if the automobile
dealership implements employee trip reduction strategies consistent with the City's
Transportation Management Ordinance, Santa Monica Municipal Code Chapter 9.16.
Employee and inventory parking may be provided as tandem and shall not be subject to
Santa Monica Municipal Code Part 9.04.20.26. Except as otherwise provided in this
Section, parking shall comply with Santa Monica Municipal Code Part 9.04.10.08.
Notwithstanding the parking requirements set forth in Santa Monica Municipal Code
Part 9.04.10.08, interior showroom area specifically dedicated to vehicle display shall be
calculated at a rate of 1 space. per 2,000 square feet of floor area. Associated sales
and office areas shall continue to be calculated as required by the Zoning Ordinance.
Areas designated for employee and customer parking shall not be used for vehicle
storage or display. Non-skid or other treatment shall be applied to the surface of the
parking structure utilized by vehicles to avoid tire squeals.
(b) Landscaping. Screening of outdoor display and non-display areas .shall
comply with the provisions of .Santa Monica Municipal Code Part 9.04.10.04.. A
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minimum two-foot landscape and decorative curb strip, where feasible, shall be
provided along the street frontage perimeter of all outdoor vehicle display areas..
Landscape materials shall be designed to provide an opaque visual buffer at least
twelve inches in height. Applicable setback requirements shall be expanded as
necessary to require a minimum five-foot landscaped area adjacent to any abutting
residential property not used as part of the dealership operation.
Final design treatment shall be subject to review and approval by the Architectural
Review Board. All surface parking areas not used for vehicle display shall be subject to
the parking lot screening requirements of Santa Monica Municipal. Code Part
9.04.10.04.
(c) Lighting. All lighting shall comply with Santa Monica Municipal Code
Sections 9.04.10.02.270 and 9.04.10.02.280.
(d) Loading and Unloading of Vehicles. 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 (d).
(1) Loading and- unloading of vehicles is limited to the hours of eight a.m. to
five p.m. Monday through Friday and nine a.m. to five p.m. on Saturday. Loading and
unloading of vehicles is prohibited on Sunday and legal holidays.
(2) A vehicle loading and unloading plan shall be submitted with the project
application for review and approval by the reviewing authority. The plan shall include
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travel routes within the City, proposed loading and unloading zones, and identify time
and day of delivery. On-site loading and unloading or off-street loading and unloading
at an alternative location may be required by the reviewing authority, if not an undue
hardship, based upon the proposed project and existing or proposed site conditions. All
diesel trucks serving the dealership in any capacity-shat( be in compliance with
California State Law limiting diesel-fueled commercial vehicle idling.
(e) Storage of Vehicles. No automobile dealership owner, operator, or
employee, for any period of time on any public street or alley, shall park or store
vehicles for sale, to be repaired, that have been repaired, that are part of an automobile
rental operation associated with the dealership, or that are provided to customers while
the customer's vehicle is being repaired.
(f) Repair of Vehicles. The repair and service facility portion of an automobile
dealership shall comply with the provisions of Santa Monica Municipal Code Section
9.04.14.050.
(g) Queuing of Vehicles. 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.
(h) Test. Driving. 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. The applicant shall prepare and submit to the Transportation
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Management Division for approval a plan that complies with all requirements of this
subsection (h) to be included in a form prepared by Transportation Management
Division.
Existing dealerships shall submit plans to the Transportation Management Division for
approval that satisfy the requirements of this subsection if such plans are not already on
file.
(i) Control of Alley Traffic. Notwithstanding the prohibition of alley use for test
driving, each dealership operator shall present. to the Transportation Management
Division, at the same time of the filing of an application for a permit for a new dealership
or substantial remodeling, plans for slowing traffic flow in alleys adjacent to their uses,
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 the maximum speed to fifteen 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.
Q) Circulation. The location of entries and exits from automobile dealerships,
automobile centers, and automobile storage lots 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
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an alley or other public way. Compliance with this subsection Q) shall be subject to
review by the Transportation Management Division.
(k) Noise Control
(1) There shall be no outdoor loudspeakers. Interior loudspeakers shall
produce no more than forty-five 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 eight a.m. or after six p.m. if reasonably likely to cause
annoyance to abutting or adjacent residences and shall at all times. be in compliance
with the City's Noise Ordinance.
(3) Rooftop storage areas shall be screened .with landscaping and/or noise
absorbing materials to minimize noise impacts on adjacent properties.
(I) Toxic Storage and Disposal
(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
applicable federal, state, and local laws relating to the storage and disposal of toxic
chemicals and hazardous wastes.
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(m) Air Quality.
(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 mihimize or eliminate noxious pollutants which would
otherwise be emitted.
(n) Hours of Operation. Unless otherwise approved by the Planning
Commission, if the dealership is within one hundred feet of a residential district,
operation of the dealership shall be prohibited between the hours of ten p.m. and seven
a.m.
(o) .Vehicle Stacking Equipment: Vehicle-stacking equipment shall be permitted
within parking structures and on surface lots for employee parking and vehicle storage
when screened with an eight-foot high solid masonry wall. The wall shall be set back
from the property line at least two feet so that a landscaped buffer of up to two feet in
width can be provided. Parking spaces in lifts shall not be applicable in calculating a
dealership's parking requirement. If the structure is located in an R2, R3 or A lot, the
spaces provided on lifts shall not be included in the base used for calculating the
required 10% provision of employee parking spaces. In addition, these spaces shall
not count toward fulfilling the 10% employee parking requirement. Vertical spaces.
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above employee parking shall be used for employee parking; spaces above inventory
shall be used for inventory. The Zoning Administrator, or the Planning Commission if it
is reviewing other discretionary permits related to the parking structure or automobile
storage lot, may reduce the wall height requirement to a minimum of six feet and may
reduce or waive the landscaped setback area if such reduction or waiver is consistent
with the public health, safety, and general welfare. All. facilities shall comply with the
City's Noise Ordinance.
(p) Accessory Automobile Rental Agency Requirements. The following special
standards shall apply to accessory automobile rental agencies located within
automobile dealerships:
(1) No more than ten percent of the total interior floor area of the automobile
dealership or a maximum of seven hundred fifty square feet, whichever is less, shall be
devoted to the accessory. automobile rental agency operation;
(2) The accessory automobile rental agency shall only operate during the hours
of operation of the automobile dealership;
(3) Vehicles may only be rented to customers of the automobile dealership;
(4) No exterior signage shall be permitted for the accessory automobile rental
agency; and
(5) The accessory automobile rental agency shall not be advertised or marketed
as an independent automobile rental agency.
(q) Plan Verification. All dealerships shall submit a letter annually in June
affirming their continued compliance with their approved test-driving, vehicle off-loading,
'rZ:t
and alley traffic control plans. Any changes to these approved plans shall require
approval of the Transportation Management Division.
SECTION 8. BCD Zone Emaloyee Parking: Automobile dealership employee
parking shall be permitted on automobile storage lots existing as of January 24, 2006
that are used in conjunction with an automobile dealership. provided that the following
conditions are met:
(a) The Zoning Administrator has approved a parking site plan for both the
automobile storage iot and the automobile- dealership that ensures that any inventory
relocated from the inventory lot to the dealership to facilitate employee parking on the
inventory lot does not result in an overall loss of parking capacity for the dealership's
customers and employees. The dealership parking lot and the inventory lot shall be
striped and the employee parking spaces demarcated in accordance with the approved
parking site plan.
(b) Perimeter landscaping shall be provided and maintained, except in a
required driveway or access area that is not less than two feet in depth measured
horizontally from the property line adjacent to the public right-of-way, unless the Zoning
Administrator determines that compliance with this standard would create an undue
hardship given existing site conditions.
Tandem parking shall be permitted on these BCD-zoned lots for both inventory
and employee parking.
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SECTION 9. Temporary Use Permits (TUP): In addition to the uses set forth in
Santa Monica Municipal Code Section 9.04.20.06, the following uses may be permitted,
subject to the issuance of a temporary use permit:
(a) Short-term automobile storage. Short-term automobile storage located in
the M1 or LMSD Districts associated with an automobile dealership for a maximum of
one year, subject to three additional six month extensions if there have not been
complaints and enforcement activities associated with the operation of the storage
facility and if the operator of the facility is engaged in good faith efforts to secure long-
term parking entitlements for the vehicles. Perimeter landscaping shall be provided and
maintained; except in a required driveway or access area that is not less than two feet
in depth measured horizontally from the property line adjacent to the public right-of-way,
unless the Zoning Administrator determines that compliance with this standard -would
create an undue hardship given existing site conditions. The Zoning Administrator may
also impose additional site-specific operational improvement .requirements to ensure
compatibility with surrounding uses. Physical security measures, such as fencing or
other barriers, shall be subject to review by the ARB. Consecutive temporary use
permits for short-term automobile storage shall not be ,issued at the same location
unless authorized by a six month extension granted pursuant to this subsection (a) even
if the permit is sought by a different applicant.
(b) Automobile Dealership Temporary Relocation. Temporary relocation of an
.automobile dealership for up to one year if the relocation is in conjunction with the
issuance of a building permit for an approved new automobile dealership facility. The
temporary facilities may only include repair functions if these facilities are located in the
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M1 or LMSD Zones and the facilities are .not adjacent to residential uses or districts.
Three extensions of this permit may be granted for up to six months each, provided that
work on the dealership facility is continuing in good faith.
The review and issuance of a TUP shall be subject to Santa Monica Municipal
Code Sections 9.04.20.06.040-9.04.20.06.080.
SECTION 10. Automobile dealerships shall not be subject to the interim zoning
standards established in Ordinance Number 2242 (CCS).
SECTION 11. This ordinance shall be of no further force and effect after August
8, 2010.
SECTION 12. Any provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 13. If any section, subsection, sentence, clause, or phrase of this
Ordinance is-for any reason. held to be invalid or unconstitutional. by a decision of any
court of competent jurisdiction, such decision shall not affect the validity. of the
remaining portions. of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance and each and every section, subsection, sentence, clause,
or phrase not declared invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional.
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SECTION 14. The Mayor shall sign and the City Clerk shall attest to the
passage of this Ordinance. The City Clerk shall cause the same to be published-once
in the official newspaper within 15 days after its adoption. This Ordinance shall
become effective 30 days from its adoption.
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APPROVED AS TO FORM:
Approved and adopted this 27th day of May, 2008.
~r~''rr1-----_
Pam O'Connor, Acting Mayor
State of California )
County of Los Angeles) ss.
City of Santa Monica )
I, Denise Anderson-Warren, Acting City Clerk of the City of Santa Monica, do hereby
certify that the foregoing Ordinance No. 2264 (CCS) had its introduction May 13th,
2008, and was adopted at the Santa Monica City Council meeting held on May 27th,
2008, by the following vote:
Ayes: Council members: Genser, Holbrook, McKeown, O'Connor, Shriver
Noes: Council members: None
Abstain: Council members: None
Absent: Council members: Mayor Pro Tem Bloom, Mayor Katz
A summary of Ordinance No. 2264 (CCS) was duly published pursuant to California
Government Code Section 40806.
ATTEST:
Denise Anderson-Warren, Acting City Clerk