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SR-7A/ . ..~...e r. ~y ~ a PCD:SF:DKW:DB:f:\plan\share\council\strpt\cup9cc Council Mtg• March 21, 1995 Santa Monica, California TO: Mayor and City Council MAR 2 1 19g5 FROM: City Staff SUBJECT. Reccmmendation to Adopt Resolution to Certify Environmental Impact Report 95-001; Recommendation to Uphold Appeal and Approve Conditional Use Permit 94- 009; for the property located at 3223 Santa Monica Boulevard Applicant: Shahab Ghods Appellants• Judy Abdo and Kelly Olsen INTRODUCTION This report recommends that the City Council certify EIR 95-001, uphold the appeal requesting additional environmental review and prohibition of vehicular access on Centinela Avenue, and approve CUP 54-009 to allow the coastruction of a 22,901 square foot automobile dealership with 1 1/2 levels of subterranean parking. BACKGROUND Planninq Com~r.ission Action On September 7, 1994, the Planning Commzssion approved the proposed automobile dealership. The primary area of concern at this hearing, as expressed by members of the public and Planning Commissioners, was a proposed vehicular exit from the site at Centinela Avenue. The Planning Comriission allowed the Centinela access only if the Parkirg and Traffic Engineer could find that it was necessary for internal c=rculation at the site. The City's Parking and Traffic Engineer did not make such a finding, effectively prohibit~ng suc: access. Therefore, the applicant has - 1 - ~'~ ,~ MAR 2 § r eliminated all vehicular access to Centinela from the plans. Appeal The Planning Commission's approval was appealed on September 21, 1994, based on concerns regarding the Centinela access and the environmental review of the pro~ect The appellants were conce'^ned that the original design, which would have allowed exiting onto Centinela Aver.ue, would exacerbate existing traffic congestion on that street. Since the applicant has eliminated the Centinela access, this aspect of the appeal is no longer an issue. The appellants were also concerned that the pro~ect may not be categorically exempt from the California Environmental Quality Act, as determined by the Planning Commission based on staff's recommendation. Based on this concern, staff re-evaluated the relevant CEQA regulations and determined that the project was not categorically exempt. The City's Environmental Review Committee determined that the project may have a significant traffic effect and, based on this findir_g, an EnvironmentaZ Impact Report was prepared Therefore, Council action is still required since the EIR must be certified before the project can be approved. Pro~ect Description The applicant proposes to demolish 2 residential units ancl a 1- story commercial build~ng and construct a 2-story Chevrolet/Geo new automobile dealership with subterranean parking. Proposed hours of operation are 9 a.m. to 9 p.m daily for the dealership - 2 - and 7 a.m to 8 p.m., Monday through Saturday, for the auto repair. Parkinq and Circulation As approved by the City Parking and Traffic Engineer, the only vehicular access to th2 site would ~e from two lanes on a 30'- wide driveway aiong Santa Monica Boulevard. No vehicular access would be provided off of the adjacent alley or Centinela Avenue. The applicant has obtained approval from the Parking and Traffic Division for a queuing plan, loading plan, and test driving plan. The approved test driving plan would allow test driving in a circular route along Santa Monica Boulevard, 26th Street,Wilshire Boulevard, and Bundy Drive. Because there will be no direct access to the adjacent alley, the Parking and Traffic Engineer has not required a plan for slowing alley traffic flow The project exceeds the minimum parking space requirement. Eleven spaces would be located outside at ground level ad7acent to the 30'-wide driveway. The remaining parking spaces would be located below grade. A total of four bicycle parking spaces are required by code but have not been shcwn on the plans. In addition, one electric vehicle recharging outlet is required. Staff has included a condition to ensure compliance with these requirements prior to issuance of a building permit. - 3 - Environmental Review In compliance with CEQA requirements, a Draft EIR was circulated for a 30-day per~od en3ing on February 27, 1995. Copies of the draft EIR were mailed to the City of Los Angeles Department of Transportation, the State Department of Transportation, and to the State Clearinghouse. A Notice of Completion was mailed to all parties which had expressed an interest in the project. A total of 11 comments were received and are contained with responses in the Final EIR. Because other po~ential imoacts were determined to be less than significant in the Initial Study, the pro~ect EIR focussed on traffic and circulation impacts. A total of ten intersections were studied, as identified on page 53 of the EIR. Without mitigation, four intersections were found to be significantly impacted from the proposed project, as follows. INTERSECTION IMPACT OF PROJECT MITIGATION MEASURE (each measure identified fully mitigates associated impact) Centinela Increase in Restripe the Avenue/Interstate Velocity/Capacity southbound 10 Westbound Ratio of .007 at an approach and Freeway ramps. intersection with a reconstruct or cumulative base F remove the level of service. northbound median island if needed to allow for one exclusave right turn lane southbound plus one through lane. - 4 - Centinela/Santa Monica Boulevard Increase in Velcc~ty/Capacity Ratio of 024 at an intersection with a cumulative base F level of service. Restripe northbound and southbound approaches to provide an exclusive left turn lane and a through lane Centinela/Wilshire Increase in Modify signal to Veloci~y/Capacity provide for Ratio of ,008 at an protected/permitted intersection with a left turn phasing cumula~ive base F in the westbound level of service. direction. Santa Monica/Bundy Increase in None identified. Veloc?ty/Capacity Ratio of 003 at an intersection with a cumulative base E ~evel of service (pro~ect does not result in a change to level of service) Each of the impacted intersecticns fall under the ~urisdiction of the City of Los Angeles and could not be modified without that City's consent and participatior. Furthermore, if City of Los Angeles criteria were utilized to evaluate the traffic impacts of the proposed project, ncne of these intersections would be considered significantly impacted A Statement of Overrid~ng Considerations must be adopted for two reasons. First, nc mitigations were identified for the Bundy/Santa Monica intersection because this intersection cannot be widened and has already undergone AT-SAC signalization improvements. In addition, ail of the impacted intersections are under the control of the City of Los Angeles and cannot be - 5 - improved by the City o? Santa Monica. Staff has included a condition requiring that the applicant perform the identified mitigation measures if requested by the City of Los Angeles. Neiqhborhood Compatibiiity The site is located on a commercial street and is bordered by commercial uses on ChY22 sides; on the north side, across the alley, the site is bordered by 2-story multifamily residential buildings in the R2 ;Low Density Multiple Family Residential) District The project contains a number of design features which minimize the impact of the pro~ect on nearby residential uses, including no vehicular access onto tre property from the ad~acent alley or Centinela Avenue, a layout which utilizes the main building as a buffer between the exterior display area and the neighboring residential uses, and landscaping along portions of the alley to soften the visual effect of the alley elevation. When these des_gn features are considered in addition to the special conditions of approval required by the Planning Commission regulating hours cf deliveries, noise at the site, and other operational characteristics, staff believes that the proposed pro~zct is compatible with the neighborhood. Conclusion By modifying the des=gn to eliminate vehicular access at Centinela Avenue, ard through the preparation of an Environmental Impact Report, the appellants' concerns have been fully addressed. With the exception of some minor landscaping - 6 - requirements which car. be modified by the Architectural Review Board, the proposed pro~ect complies with all Zoning Ordinance standards. In additicn, the applica~t has worked with the local neighborhood to provide a 3esign with a sensitive relationship to nearby residential uses PUBLIC NOTIFICATION Pursuant to Municipal Code Section 9.D4.20.20.080, within 30 days after the sub~ect applicat-on was deemAd complete, the applicant posted a sign on the property stating the following information. Project case number, brief pro~ect descriptior, name and telephone number of anpiicant, site address, date, time and location of public hearing, and the Planning and Zoning Division phone number. It is the appi~cant'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 comm2rcial tenants of groperty located within a 500 foot radius of the pro~ect at least ten consecutive calendar days prior to the hezring. A copy of the notice is contained in Attachment B. The applicant has presented this proposal to the Board of Mid- City Neighbors. A letter from Mid-City neighbors expressing "no major difficulties" with the pro~ect is contained in the Final EIR - 7 - BUDGET/FINANCIAL IMPACT The recommendation presented in this report does not have any budget or fiscal impact. RECOMMENDATION It is respectfully recommended that the Council approve Conditional Use Permit 94-009 based cn the following findings and conditions and certify EIR 95-001 based on the findings set forth in the resolution in Attachment F, and adopt the Statement of Overriding Considerations contained in Attachment G. CONDITIONAL USE PERMIT FINDINGS l. The proposed use is one conditionally permitted within the sub~ect district and complies with all of the applicable provisions of the "City of Santa Monica Comprehensive Land Use Gnd Zoning Ordinance", in that an automobile dealership is a conditionally permitted use in the C4 District. 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 it complies with the development standards required in the C4 District as well as the Special Conditions for automobile dealership uses. 3. The subject parcel is physically suitable for the type of land use being proposed, in that it is an infill parcel of sufficiently level grade to accommodate an automobile dealership. 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 present uses are not to remain. 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 an automobile dealership is conditionally permitted in the C4 District and the conditions of approval contain several measures regulating operation of the business and development of the site in such a manner as to minimized - 8 - the impact of the proposed auto dealership on the surrounding area. 6. There are adequa~e provisions for water, sanitation, and public util~*_~es and services to ensure that the proposed use would ro~ be 3e~=imental to public health and safety, in that the subject site is -ocated in an urbanized area with adeQUate access to utilities. 7. Public access to ~he proposed use will be adequate, in that the sub~ect parcel abuts two streets and an alley (only pedestrian access will be allowed off of the alley). 8. The physical ioca~ion or placement of the use on the site is compa~_ble wi~h and relates harmoniously to the surrounding neighborhood, in that it conforms to all relevant C4 and automobile dealership standards. 9 The proposed use is consistent with the goals, ob~ectives, and policies of the General Plan, in that the general plan specificaily encourages automobile dealership uses within the General Commercial land use classification. 10. The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare, in that it confcrms with all relevant Zoning Ordinance stan3ards and is further conditioned to minimize negative impacts on the surrounding area 11 The proposed use conforms precisely to the applicable performance standards concained 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 proposed pro~ect is not required to confcrm prec~seiy with the performance standards contained in the Zoning Ordinance but, as conditioned, does conform with those PSP standards appl-cable to auto dealerships. 12. The proposed use will not result an an overconcentration of such uses in the immediate vicinity, in that no other automobile dealerships are located on the same block or across the street f°om the subject property, and the Gen2ral P~an encourages a concentration of automobile dealerships along Santa Monica Boulevard CONDITIONS Plans This approval is for ~hose plans dated 3/15/95, a copy of which shail be maintained in the files of the City - 9 - Planning Division Pro~ect development shall be consistent with such plans, except as otherwise specified in these conditions of apnroval. 2. The Plar.s shall comply with all other provisions of Chapter 1, Artic'_e =X of the Municipal Code, (Zoning Ordinance) an3 all other pertinent ordinances and General Plan policies of the C~ty of Santa Monica. 3 Fina1 narking -~ot layout and specifications shall be subject to the review and approval of the Parking and Traffic Engineer. 4. Mir.or amendments to }he plans shall be sub7ect to approval by the Director of Planning. A significant change in the approved concept shall be sub7ect to Planning Commission Review. Construction shall be in conformance with the plans subnitted or as ~odified by the Planning Commission, Architzctural Review Board or Director of Planning. Architectural Review Board 5. Prior to consideraticr_ 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 pro~ect design to achieve compliance N~ith such requirements. The Ar- chitectural Review Board, in its review, shall pay particular attention to the aesthetic, landscaping, and setback impacts oi any ramps or other features necessitated by accessibility requirements. 6. Prior to submit~al of Iandscape plans for Architectural Review Board approvai, the applicant shall contact the Departmer.t of Publ~c Works and Environmental Management regarding urban runoff plans and calculations. 7. Construction period signage shall be subject to the approval of trie Architectural Review Board 8. Plans for finzl design, landscaping, screening, trash enclosures, and s~gnage shall be subject to review and approval by the Architectural Review Board. 9. The Architectural Review Board, in its review, shall pay particular attention to the project's pedestrian orientation and am2r.~ties, scale and articulation of design elements, exterior colors, textures and materials; window treatment; glazing; and landscaping. 10. Landscaping plans shall comply with all relevant landscaping req~irements of the Zoning Ordinance, except as may be modified =n the future by the Architectural - 10 - Review Board. ll. Refuse areas, storage areas and mechanical equipment shall screened in accordance with SMMC Section 9.04.10.02.130- 9.04 10 02.150. 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 ~o the screening of such areas and equipment. Any roo~top mechanical equipment shall be minimized ~n height and area, and shall be located in such a way as to min~m=ze noise and visual impacts to surrounding properties. Unless otherwise approved by the Arcnitecturai Review 3oard, rooftop mechanical equipment shall be locate3 a* ieast five feet from the edge of the roof. Except for solar hot water heaters, no residential water heaters sha11 be located on the roof. Fees 12 The City is contemplating the adoption of a Transportation Management P'_ar: which is inteaded to mitigate traffic and air quality impacts resulting from both new and existing developmea~. The Plar, will likely include an ordinance establishing Mitigation requirements, including one-time payment oi fees on certain types of new development, and annual fees tc be paid by certain types of employers in the City. This ordinance may require that the owner of the propcsed nro~ect pay such new development fees, and that employers, where applicable, within the project pay such new annual e;nployer fees related to the City's 'Pransportation Mar.agement Plan Development applications shall not be sub~ect to the potential new development fee if no ordinance imple-renting such fees has been adopted prior to issuance o` a building permit for the pro~ect. Demolition 13. Until such time as ~he demolition is undertaken, and unl2ss tne structure is currently in use, the existing structure shall b2 riaintainec and secured by boarding up all oper_~ngs, erectina a security fence, and removing all debris, bush2s and plGnting that inhibit the easy surveil- lance of the property ~o the satisfaction of the Building and Safety Officer and the Fire Department. Any landscaping material remaining shall be watered and maintained until demol=tion occurs. 14. Unless otherwise approv2d by the Community & Cultural Services Department ar.d the Planning & Zoning Division, at the time of demolition, any street trees shall be protected from damage, death, or removal per the requirements of Ordinance 1242 (CCS). - 11 - 15. Zmmediately after deMO-ition (and during construction), a securi*_y `ence, tne height of which shall be the maximum permit*ed by the Zoning Ordinance, shall be maintained around tZe perimeter of the 1ot. The lot shall be kept clear of all trash, weeds, etc 16. Prior to issuance of a demolition permit, applicant shall prepare for Buildina Division approval a rodent and pest control plan to 2nsu:~e that demolition and construction activities at *_he site do not create pest control impacts on the project neighbc~hood. 17. No demolition of bui~3ings or structures 50 years of age or older shall be pe-_r~itted until the end of a 60-day review period by ~he 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 applicat~on. Construction 18 Uniess otherwise apprcved by the Environmental and Public Works Management Depar~ment, all sidewalks shall be kept clear and passaple daring the grading and construction phase of the pro~ect 15 Sidewaiks, curbs, gutters, paving and driveways which need replacing or removai as a result of the pro~ect as determined by ~he Environmental and Public Works Management Department shall be reconstructed to the satisfactior o~ ~he Environmental and Public Works Managemer~ ~enartmer.~ Approval for this work shall be obtained from the Environmental and Public Works Management Department 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 secare covering to minimize dust emissions. 21 Street trees snall be naintained, relocated or provided as required in a manner ccnsistent with the City's Tree Code (Ord. 12~2 CCS), per =he specifications of the Community and Cultural Services Dzpartment and the Environmental and Public Works Manage~e~~ Department. No street tree shall be removed without the approval of the Community and Cultural S2rvices Depa-tment 22. A construc~ion period ~itigation plan shall be prepared by the applicant for approval by the Department of Public Works an3 Enviro.^.mental ~anagement prior to issuance of a - 12 - building permit. The approved mitigation plan shall be posted on the constru~tion site for the duration of the projec~ cor.struc~ion and shall be produced upon request As applicable, this plan shall 1) Specify the names, addresses, te'ephone nuTbers and business license numbers of al~ co^~'ractors G~d subcontractors as well as the develooer 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/constructicn; 4) Describe how much of the public street, alleyway, or s~dewalk is proposed to be used in coajunction with cons"truction, 5) Set forth the extent and nature of any p~le-driving operations; 6) Describe the length and nu~~ber of any tiebacks which must extend under the property of other p2rsons; 7) Specify the nature and e~tert of any d2water-~g and its effect on any ad~acent buildings, 8) D°scr~be anticipated construction-related truck rcutes, number cf truck trips, hours of hauling and parking locat~on; 5) Specify the nature and extent of any helicopter hauling; ~0) State whether any construction activity beyond norma~'_y permitted hours is proposed; 11? Describe any proposed construction noise mitigation measures; 12) Descr=be construction-period security measures including any fencing, lighting, and security personne'_; 13) Provide a drainage plan; 14) Provide a construc~icr.-period parking plan which shall minimize use of public streets for parking, 15) List a designated on- site construction manaaer. 23 A sign shall be ~osted on the property in a manner consistent with the pu~-ic hearing sign requirements which shall identify the aadress and phone number of the owner and/or applicant fcr the purposes of responding to questions and comnlair_ts during the construction period. Said sign shaii also indicate the hours of permissible construction work. 24 A copy cf these conditions shall be posted in an easily visible and accessible location at all times during construc~icn at the nro~ect site. The pages shall be laminated or otherwis~ protected to ensure durability of the copy. Environmental M~-~~gation 25. Ultra-low flow plumbirg fixtures are required on all new development ar.d -remodeling where plumbing is to be added. (Maximum '_.6 galion toilets and 1.D gallon urinals and low flow show~r head.) Automatic shutoff faucets shall be installed cr. a-i~ sinks unless otherwise approved by the Environmental Gnd Publ-c Works Management Department 26. To mitigate sol~d was~e impacts, prior to issuance of a - 13 - Certificate of Occcpa~cy, project owner shall submit a recyclina plan to tne Department of Public Works and Environmenta'_ Management for its approval The recycling plan shall include 1: list of materials such as white paper, computer paper, metal cans, and glass to be recycled; 2! locatior_ of recycling bins; 3) designated recyclir_g coordinator, 4) nature and extent of internal and externa'_ p=ck-kp service; 5) pick-up schedule, 6) plan to inform *_enants/ cccu~ants of service. 27. To mitigate circulation impacts, prior to issuance of a Certificate o~ Occuoancy, pro~ect owner shall submit a transportation demand management plan to the Division of Parking ard Traff~c Er_gineering for its approval. This plan shall include: =j Name, address and telephone number of designated persor_is) responsible for coordinating transporta~~cn dema:~d management measures at the development 2) Demar_a management measures to be employed at the site to reduce circulation impacts which would otherwise occur. Suc: measures may include, but are not limited to programs addressing: A. Education and Marketina to alert employees and visitors to the site to demand re3uction programs and incentives; B. Parking Management such as parking charges for single-occupant vehicles, r2duced =~ates for car and vanpools; C. Ridesharing programs such as a rideshare matching program, incentives, and car ~nd vanpool subsidies; D. Transit programs such as prcv-sion of bus schedules to employees and vis-~ors, subs~dized bus tokens and passes to employees and visitc~s, E. Bicycling programs such as provisior_ of secure b=~ycle storage facilities, provision of showers and iockers, F. Alternative Work Schedules for build~ng employees to avoid peak AM and PM traffic hours and reduce overall trips; G. Trip Length Reduction by programs to ircrease proportion of employees residing within *hree miles of Lhe pro~ect site. The goal of the Transportation Demand i~anagement Plan shall be to reduce vehicle ~rins which would otherwise occur by twenty percent. Miscellaneous Conditions 28 The buildLng address shall be painted on the roof of the building and shall meGsure four feet by eight feet (32 square feet;. 29. The operation shall at all times be conducted in a manner not detrimental to sur-rounding properties or residents by reason c* lights, n~ise, activities, parking or other actions. 30. The exter~or parkir_g area shall be used for employee and customer parking only and not for repair or finishing work - 14 - or long-~erm (over cne week) storage of vehicles. 31. If any archaeolcg~cal remains are uncovered during excavaticn or construction, work in the affected area shall be suspen3e3 ar_3 a recognized specialist shall be contac~ed to conduct a survey of the affected area at pro~ec~'s owner's expense A determination shall then be made by the Director of Planning to determine the significance of thz survey findings and appropriate actions and requirements, if any, to address such f~ndings. 32. Street and/or alley lighting shall be provided on public righ~s-of-way ad~acent to the pro~ect if and as needed per the specifications and with the approval of the Environme^~al an3 Publ-c Works Management Department. 33. Automotive repair fa~ilities and dealerships, parking areas and structures, automotive paint shops, gas stations, equipmer.t degreasing areas, and other facilities generaLing wastewa~er with significant oil and grease conter:t are required ~o pretreat these wastes before dis- cha~ging ~o the C_*_y sewer or storm drain system PretreatTent ca-11 recuire that a clarifier or oil/water separator be installed and maintained on site. In cases where settleable sol-ds are present (or expected) in greater a~ounts than f~oatable oil and grease, a clarifier unit wil'_ be required In cases where the opposite waste characteristics are present, an oil/water separator with automatic oil draw-of~ will be required instead The Public Works and Environmental Management Department will set spec-iiic requirements. Building permit plans shall show the required installation. 34. Mecharicai equipment shall not be located on the side of any buildi :a which ~s adjacent to a residential building on the ad,~oining lot. Roof locations may be used when the mechanicGl equipmen~ is installed within a soundrated 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 ccntrac~or an3 the test shall be conducted by the owner or contractcr A copy of the noise test results on mecnanicai equipment ~hall be submitted to the Community Noise of`icer for review to ensure that noise levels do not exc~ea maximurl allowable levels for the applicable noise zone. 36 rina_ bui_ding plans ~ubmitted for approval of a building permit snall inc'_ude cn the plans a list of all permanent mechanical equipment to be placed outdoors and all - 15 - permanent mechanical equipment to be placed indoors which may be heard ou*_doors Validity of PerTits 37. In the event permittee violates or fails to comply with any conaitions cf ap~roval of this permit, no further permits, ~~censes, approvals or certificates of occupancy shall be issued unt=1 such violation has been fully remedied. 38. Within t~r days cf Planning Division transmittal of the Statement cf Offic~al action, pro~ect applicant shall sign and retur^ a copy of the Statement of Official Action prepared by the Planning Division, agreeing to the Conditio~s cf approva- and acknowledging that failure to comply with such cor_ditions shall constitute grounds for potentia~ revocation ~f the permit approval. By signing same, app~_icant shall not thereby waive any legal rights applicant T:ay nossess regarding said conditions. The signed Statement sha~l be returned to the Planning Di- vision Failure to comply with this condition shall consti~ute grounds for ootential permit revocation. 39. This detern~nation sha'_1 not become effective for a period of fourteer_ 3ays f~om the date of determination or, if appealed, ur.~ii a final determination is made on the appeai Any appeal m~st be made in the form required by the Zor.-~ng Administra=or The approval of this permit shali expire or.e year from the permit's effective date, unless, in tze case of new development, a building permit has been octaiaed, cr in the case of a change of use, a business ~icense has been issued and the use is in operaticn prior to t:e permit expiration date. One three- month exter.sion of *he one year period may be permitted if approven by the D=rector of Planning. Applicant is on notice tha~ time extensions may not be granted if developme-~ standards relevant to the pro~ect have become more r2s~rictive since pro~ect approval Special Conditi~ns 40. Pursuant to Ordinar_ce _589 (CCS), prior to receipt of the final pe_m=~ n2c2ssary to demolish, convert, or otherwise remove cc.trolled rental unit(s; from the housing market, ~ he owner e` tne property shall first secure a removal permit unde~ Section 1803(t), an exemption determination, an approval of a vested rights claim from the Rent Control Board, or have withdrawn the controlled rental ur_=t(si pursuant to the provisions of the Ellis Act. 41. Prior tc issuance o` a building permit for the proposed - 16 - projec" ~he applicant shall record an agreement tying the sub~ec~ lots to create one development parcel at the site. 42 Prior co issuance oF a building permit for the proposed pro~ec~, ~he applicant shall revise the plans to indicate a m~nimun of four bicy~~le parking spaces and one electric vehicle _echarging outlet are provided on-site. 43. Employee and customer parking shall be provided at no charge to the 2mployee. Parking shall comply with Part 9.04 10 08. Areas des_gnated for employee and customer parking shall not be ksed for vehicle storage or display. 44 Screening of display and non-display areas shall comply with the provisicr.s oi Part 9.04.10.04. A minimum two- foot lan3scape and de~orative curb strip, where feasible, shall be provided alo~g the street frontage perimeter of all vehicle display a~eas Landscape materials shall be desigr.ed to provide ar opaque visual buffer at least 12" in heignt. Appl~cable setback requirements shall be expanded to require minimum 5 foot landscaped area ad~acent ~o any abut0.ing residential district. Final des~gn treatment shal- be sub~ect to review and approval by the A_ch~tectural 3ev~ew Board. All parking areas not used =or automobile display shall be sub~ect to the parking lot scr22ninc requirements of Part 9.04.10.04. 45 All ligh~~ng shall cc~gly with Section 9.04 10.02.270. 46 Loading and unloadinc of vehicles is permitted only in accordance with ~his s~~bsection. The dealership operator shall be respcnsib~e 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 Grd ~=loading of vehicles is limited to the rours o* 8:00 A.M. to 5•00 P M. Monday through Saturaay, excludi^c legal holidays (2) Off-loading srall be on-site or off-site, sub~ect to trie approval of the City Parking and Traffic Engir_eer Loading and unloading shall not block the ingress or earess cf any adjacent property (3) New automctiile dealerships or substantially remodeled dealerships shall provide off-loading facil~ties on pr=vate property (on or off-site). Shared loading ar_d unloading facilities are permitted for the purposes of ineeting this requirement. 47. No vehicles to be re~aired shall be parked or stored on any publ=c stree~ or alley. - 17 - 48. An adequate on-site queuing area for service customers shall be provided. Or.-site driveways may be used for queuing, but may rct ?nterfere with access to required parking spaces Requ~red parking spaces may not double as queuing spaces. 49 Test d~ivirg shall nc~ be done on residential streets or alleys For the purgoses of this subsection, streets which are designated by the City as major collector streets shall be permissible areas for test driving. Each dealership operztor s3a11 have an affirmative obligation to inform all ~ts pe~sonnel of this requirement and to ensure compliance witr it. SD The ?arking and ^ra~--c Engineer has determined that no Alley Traffic Contrc- Plan is necessary for the subject pro~ec~ because no t:ehicular access will be from the ad~acent alley. Howe•rer, if at any time during the life of this Conditional Us2 Permit the Parking and Traffic Engineer determ-aes t=~at an Alley Traffic Control Plan is necessary, tre operatcr shall present to the City Parking and Tra~'ic ~r_c_reer a plan for slowing traffic flow in alleys ac,acent to their uses, with the ob~ective of minimizing dangers tc oedestrians and neighboring vehicle operacions, and e- minimizing noise and other environmental incursicns into the neighborhood. Such plans jhall be designe3 to limit maximum speed to 15 miles per hour and may inc-~de measures such as speed bumps or dips, one-way traffic ~atterns, increased signage, parking and loading prohibitio~s and similar measures. 51. The location of en~ries and exits from automobile dealershi~s snall be located as far away from adjacent resident~al proper~~e~ as is reasonably feasible and shall be directed to commercial streets and away from residert~al areas by -~eans of signage and design. The interior circu~ation system between levels shall be internal to the bu=lding and shall not require use of public ways or of ex~ernally visible or uncovered ramps, driveways or parsinc areas. No arrangement shall be permitted which requ~res vehicles to back into an alley or other public way. 52. The applicant shal~ ccmply with the following measures to control noise at the s-*e. (1) There shall be r.o outdoor loud speakers. Interior loudspeakers shall ~roduce no more than 45 dab at a bou.^.dary abuttir,a cr ad~acent to a residential parcel under nc~mal opera~ing conditions (e.g., with windows open if they are li~ely to be opened) (2) All noise cenerating equipment exposed to the exterior shal-_ ._ muffled with sound absorbing - 18 - materials to min-~ize noise impacts on adjacent properties ar.d s~~a_-_ not be operated before 8:00 A.M. or after 6:00 P:+I. if reasonably likely to cause annoyance to ab;:tt-ng or ad~acent residences. (3) Rooftop storage areas shall be screened with landscaping and no~s2 absorbing materials to minimize noise impacte on ac,acent properties. 53 The applicant shaii comply with the following toxic s~orage and disposa_ s~andards: (1) 3aso~=r_e stcrage tanks shall be constructed and maintainen under t:e same conditions and standards that apply 'or serv~ce G~ations. (2) T=,ere shal~ be ~ull compliance with the terms and con3itions of al~ C_ty laws relating to the storage and disposal o~ toxic cnemicals and hazardous wastes 54. The anplicant shall cer~ply with the following air quality standards (1) Use ot brake ,•:ashers shall be required in service stal~s or areas cvhich perform service on brakes employing asbestos or other materials known to be harmfi;.i when dispersed in the air. !2) All mechanical ventilating equipment shall be directed to top s=ory exhaust vents which face away from abut~ing or ad~acent residential properties. (3i Exhaust systems shall be equipped with appropriate and reascr_an'y avai-able control technology to minimize or el-mina~e ncx~cas pollutants which would otherwise be emi~~ed 55. There shall be nc w.~ndows or other openings in walls facing abutt_ng or ad~acent residential districts, except for emergency-only pe32strian exits if required by the Building and Safety Division and for delivery facilities. 56. The s~te shal-~ be enti~ely paved, except for buildings and landscaping. 57. A landsc~~e area a~ -east 2 feet wide shall be provided along the p2ri-reter of the parcel and along building frontages, ex~~ncing a~thcrized driveways, so that no less than 1C% or the repair facility site not occupied by structures is lands~aped. In all other respects, landscaping shall conform to the requirements of Part 5.04.10 04. 58. I~ bcdy repair wc~~ is performed by the facility, screenir.c approved by =he Architectural Review Board shall be provided so that ve=icles awaiting repair shall not be visible fro-r surroun3_ng properties or public rights-of- - 19 - way. 59. Entrances to indiviaual service bays shall not face abutti~g re~ider~ia- parcels. All structures shall be construct~d tc achie=~ a minimum Standard Transmission Coefficient iSTC? sonr.a rating of 45-50. 60. Refuse storage areas shall comply with Section 9.04.10.G2 150. 61. All repair activities and operations shall be conducted entireiy wit:_ir.• an en~~osed building. Outdoor hoists are prohibited 62 Automobi-e rep~_r ~ac_lities performing body and fender work or similGr nc~~e-generating activities shall be conductea in fully-er_closed structures with walls of concrete bloc:~ or si~ilar materials and doors in maximum half open nosit~on d~°ing operating hours. Al1 painting shall occur within a~ully enclosed booth. 63. No work shall be p~~tormed on automobiles between the hours of 8:OC P M ana 7:00 A.M., Monday through Saturday, and no vao~k shall b~ performed on Sundays. The auto dealership hcurs of cperation shall be 9 a.m. to 9 p.m. daily. 64. The pr2mises sha-- be ~ept in a neat and orderly condition at all ~imes and a11 i~crovements shall be maintained in a cor_ditio~ cf ~easonabl~ repair and appearance. No used or discarded automotive ~arts or equipment or permanently disabled, ~ur_ked or w~ecked vehicles nay be stored outside the mai~ bullding 66. Sound gererated from t:~ repair facility shall comply with Section ° G~ 10 02 31~ 67. No body-s:zop work snall be permitted on-site. 68. No veh~cal~r access shall be permitted to or from Centinela Avenue 69. Santa ~enica Place =-1ey between Centinela Avenue and Franklin St~eet shall be maintained free of debris and cleaned by ~he operater on a daily basis. 70. Prior te issuance of a building permit for the proposed pro~ect, t:ze app~icant shall offer to implement the traf~ic mitiaa~ion m~asures for significantly-impacted intersections ide^ti_'~=d in EIR 95-001 to the satisfaction of the City of L~s Anaeles. Written documentation of such offer ana the response of the City of Los Angeles shall be providefi to the Sar_=a Nonica Planning and Community - 20 - Develoomer_t ~ir2c~cr ~rior to issuance of a building permit. Any such nit_gation accepted by the City of Los Angeles shall be imp=-mented prior to the issuance of a Cert~fica~e e` Occupancy, and documentation of such implementat-on shall be provided to the Santa Monica Planning and Commu~it}- ~evelopment Director. Prepared by ~azanne Frick, Director D Kenyo- ~^;ec=_ter, Planning Manager DruTTOnd 3uck-ey, Plar_ning & Zoning Division P=anning anc Co~munity Development Department Attachments: A. General P-_an and Code ~ompliar_ce Checklist B. Notice o- Public Heari_zg C. Planning CoT,missioa Stuff Report D. Draft Plann=ng Commiss-on Statement of Official Action E. Appeal F. Resolu~icr_ to Certify E~R 95-001 G Resolut~cr_ N~king CE~: Findings and Adopting a Statement of Overr=d~ng Conside-~tions H. Enviror_mer_tal Impact R~port I. Pro~ec~ ?l~as DB f.\plan\share\ccunc~l\strpt\cap9cc - 21 - ATTACHMENT A ATTACHMENT A MLn1IC IPAL CODE AND GENERAL PLAN CONFORVIA.~ICE Land Use Categor~~ Element Mumcipal Code Pro~ect Permitted Use Auto-selluig uses Auto Dealerslup Auto Dealership ~rith CUP «-tth CUP H e i g h t o f ~4~ for auto 30~ maximum 30' at highest Buildmg dealership pomt N u m b e r o f ~Io hmrt for auto 2 stones 2 stones Stones dealerships Heieht of Walls, 8' ma~mum at 8' maximum at Fences ~I/A side. rear yards side, rear yards Setbacks Front N/A Landscaped area Landscaped azea eazd equal to 1 ~ equal to 1 5 ( C e n t i- umes frontage times frontage n e 1 a frontage) Sideyard N/A At street At stre et sidevard. sidevard. landscaped area landscaped azea 1 5 t i m e s 1 ~ t i m e s frontage None frontage No r e q u i r e d f o r setback provided mtenor sideyard for portion of allev side vazd Reazyard ~I/A None requued None provided at closest point to propertc lme ~lezzanme N'A I n t e r m e d i a t e "Vlezzanme" on level open to plans exceed 1'3 space below of area to which May not exceed it is open and is 1%~ of room floor therefore consid- area ered a second ~~ azz 1 SLOT ~' Pro~echons Into N/A Per SMMC Sec h'one Yards 9 04 10 02 180 F A R 3 0 maximum for 1 15 maximum 6.i F A R auto dealership for auto dealerslup «rth CLP Parkmg Access Alley access is Alle~~ access is No alle}' access encouraged ~~~hen reqmred when p e r alley exists allev exists, ~~7th 9 04 10 08 080 & excepnons per per Parkmg & SMMC Section T r a f f i c 9 04 10 08 080 Engineering approved plans Pazkmg Space N/A Service bays 14 136 spaces Number bays :a 2 spaces p r o v i d e d, per bay = 28 including 19 spaces mimmum s p a c e s i n a t a n d e m Outdoor display arrangement 7,237 sq ft v~ 1 space per 2;000 sqft =361 spaces mimmum Showroom!office 8,42~ sq ft ~ 1 space per 400 sq ft = 21 06 spaces mimmum P a r t s Department 3,608 sq ft `~'a,~ 1 space per 300 sq ft = 12 02 spaces mimmum TOTAL SPACES REQUIRED = 6~ ~'~ 023 2 Compact Parkmg Iv/A Vfaximum 40% 39% of reqwred % of requued spaces are com- spaces pact (24 compact ( 4 x 65 = spaces), other maximum of 26 compact spaces compact spaces) are m excess of c o d e requirements Bicycle Parkmg N/A 4 spaces 4 spaces, as mmimum condrtioned Loadmg Spaces N'A 2 spaces mmi- 2 spaces wzth mum, plus ap- loading plan proved loadme plan Trash;Rececling N/A Trash enclosure Draft approval Area ~~'ith minimum obtained from S-8~ solid ~~~alls Env & Public and gate is Works Dep't required Other require-ments per Env & Pubhc Works Dep't and SvIMC Section 9 04 10 02 1~0 b4echanical N~A Mechanical 4'6"parapet Equip Screenuig e q u i p- m e n t s c r e e n i n g o f estendmg more r o o f- t o p than 12" above mechanical roof pazapet shall eqmpment be fullv screened from honzontal plane Location of N/A Not permitted on No mechanical Mechasucal side of bmldmg e q u i p m e n t Equipment if ad~acent to a located at side of res-idential propert~- bmldmg on an ad~oimng lot ~'f' ~24 3 ATTACHMENT B NOTICE OF DEVELOPb~NT PROPOSAL To: Concerned Persons From: The City of Saata Monica Subject of Hearing: Condmonal Use Peimu 94-009, 3223 Sama Momca Boulevard, C4 Applicant Plus Arctuxcts Appellants Judy Abdo and Kelly Olsen A Pubhc Hearmg w~ll be held by the Ciry Counci] on the followmg request Appeal of Plamm~g Commission approval of a Co~monal Use Permit to allow the construcnon of a 2-story, 22,901 square foot auromob~le dealerstup wah a 7,237 square foo[ extenor d~splay azea, 14 serv~ce bays, and a total of 133 parkmg spaces, mcluding 122 parlung spaces to be located m a subterranean garage Vehicular access to the sub~ec[ site would be from Santa Momca Boulevard only 'Phe achon will also mclude ceruficat~on of an Envuonmental Impact Report assocwted with the pro~ect (P]anner D Buckley) TIME: T[JESDAY, MARCH 21, 1995 AT 6:30 P.M LOCATION COUNCIL CHAMBER, ROOM 213, CITY HAL1, 1685 MA1N STREET, SATTI'A MONICA HOVV TO COMIvIQ~1'T 'Ihe C~ry of Santa Momca encourages pubhc comment on this and other pro~ects You or yau representative, or any other persoru may comment at the C~ry Cowicil's publ~c heatmg, or 6y wnting a letter Lette~s should be addressed to City Coimcil, City ClerKs Office 1685 Main Street, Room 102 Santa Momc~ Califocrua 90401 - Attention• D Buckley . MORE INFORMATION If desired, fwther infom~on on mry application roay be oblained from the Planring a~d Zoning Divis~on at the adrLess above or by calliag (310) 458-8341. "Ihe mcetmg faaLry is hand~capped accessible If you have any speciat needs such as sign language ~nterpretu+g, please contact the Office of the Disabled az(310~35&8701 Rusuant to Cal~fomia Govemment Code Sechon 65009(b), if this matter ~s subsequet~tly cUallengad in Court, the challenge may be lumted to only those iss~s rused at the PubLc Hranng descnbed m tJus notice, or in wntten correspondence deLvered to the City of Santa Ivtomca at, or pnor to, the pubhc Heanng Fsto es un aviso sobre una audencia pubhca paza rev~sar appluaciones propomendo desaaollo en 5anta Momca Fsto puedo ser de mteres a usted Si deseas mas infom~ac~an, favor de ]lamar a Luuiea Hemandez rn la Drvis~on de Plant~ficacion ai numero (310) 45&8341 ~~ 025 ATTACHIV~~ ~TT C