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SR-8-A (117)FEB~ 8 1~ LUTM:P&Z:DKW:f:~plan\kEnyon~la~e Santa Monica, California City Ccuncil Mtg: Feb~uary 8, 1994 TO: Mayar and City Council FROM: C~ty Staff SUBJECT. Renewal of Ordinance 1678 (CCS} Requiring a Conditional Jse Perrnit fax Certa~n Cornrnercial Uses on an. Inter~rn 3asis, Includir_g Standards For Automobile Wash~ng Facilities in Ce~~ain Zores I1_V^_~ODUCTION On March 23, 1993 the C~ty Cour:c--1 adopted 0~-dinance 1678 (CCS) , which zstabiished the requirernent to obtain a Conditional Use Permit (CLP} for automobiie dealerships, auto rzpair facilities in *-he ~Il Zone, and rnini-marts, if such uses are with~n 1p0 iee~ of a resident~al zone, and such uses wish to operate after 10PM or befcre 7AM. Propcsed is the renzwal of th~s ord~nanc~, wh~ch was delay~d due to ~he earthquake emergancy. The h~ghlighted portior_s of thz proposed ordinance show updated elements of Ordinance 1678, as well ~rovisions relating to aatomobile washing standawds. In September 1993 the Ccunci7. adaptzd Crdinance 1704 (CCS?, es~ablishing on ar interim basis, regulations conc2r~ing the establis?-~ment o~ au~omobile washing facilities. Such 2stablishments are defined in the Zonir_g Ordinance, but are not list~d as ~ermitted cr condit~onally permit~ed uses. Ordinar_ce 1704 has s~nce expired, and the attached ordinance incorporates and r~~ews ~ts provis~ons. ~~~ ~ ~ ~ U + 1'~ BACKGRCLTITD Ordinance 1578 (CCS) was adopted to regulate the operating hours of cer~ain automobile-related uses to protect any nearby resider?tia~ us~s. Witrin the scope of the wcrkplan approved by the C~ty Counc~l ~n November 1993, consideration of perrnarient Zor~ng Ordi~anc2 cnanges to implement the provisions cf this ordinance was expected to be initiated with the Planning Commission in February 1994. Due to the eartzcruake amergency, ~his schedule will be rev~sed Pending such perrnanent changes, `he i~terim ordinance should be extended. Ordinar_ce 1704 iCCS? iadicated where autornobile washing facilities are perm-tt~d ar conditionally permitted and established develo~rrer_t standards for such uses. T'~e at~ached ordinance, iaent_cal in its r^levant provisions to Orccinance ~.704, would allow such fac~liti2s which a Car_ditional Use Perrnit (CUP} in. tne C4 ~Iighway Co-rmercial District, and as a permitted use in the M1 Ir_dustrial Canservation District unless located within 100 fe~t of a residential dist-rict, in whic~ case a CUP would bz r~quired. De~ailzd developme=~ standards are alsc established, regulating 5e~bacxs, pa~ki::gf hours of eperation, water recycling, and other aspects of the facil,~y In ~he Land Use and Transportatio~ Department list of pol~.cy pro~ects approved by the C~ty Coancil, a permanent ordinance 2s~ablishing sta~:dards for carwashes ~s scheduled for Fiscal Year 2 ~994-95 3UDGET/FINANCIAL IMPAC~ mhe recommendations of this rzpo~~ wo-ald have no budget/f~nancial ~mpact RECOMMENDATION I~ is respectTully recommended that the City Council adopt the attached ordinance, extendir.g the provisions of ~rdinance 1578 (CCS; ar_d 17a4 (CCS} . Prepared by: Suzanne Fr~ck, D~rectnr LIITM D. K~nycr~ Webste~, Planning M~nager ~ CA:atty~muni\laws~cesar\carint2.rev City Council Meeting 2-8-94 Santa Monica, California ORDINANCE NUMBER ~~27 {City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA REQi7IRING A CONDITIONAL USE PERMIT F~R CERTAIN COMMERCIAL USES ESTABLISHING STANDARDS FOR AUTOMOBILE WASHING FACILITIES IN CERTAIN ZONES ON AN INTERIM BASIS AND DECLARING THE PRESENCE OF AN EMERGENCY THE CITY COUNCIL ~F THE CiTY OF SANTA MONICA DOES ORDA~N AS FOLLOWS: SECTION 1. and declares: Findings and Purpose. The City Council finds {a) Numerous commercia~ uses in the City have operating hours which extend beyand 10:00 p.m. When such uses are in close proximity to residential uses, and involve s~gnificant outdoar activity ar generate automobile traffic, there is a potential for an adverse effect an the nearby residential uses €rom intrusive naise and light. In addition, certain commercial uses such as Automobile Washing Facilities pase a potential adverse effect on the nearby residential uses regardless of hours of operation. -- 1 - (b) The Zoning Ordinance defines "Automobile Washing Facility" but does nat authorize that use in any ~oning district. (c) The City intends to review the Zoning ordinance to determine when a conditional use permit should be required far commercial uses which have extended hours vf operation, and to determine under what conditions Automobile Washing ~acilities should be autharized, and what standards should apply ta those facilities. Befare the Zoning Ordinance is amended, the patential for approval of commercial projects with extended hours of operation, or of Automobile Washing Facilities in c3ose proximity to residential districts, without requiring a conditianal use perniit ar adherence to property deveZopment standards pases a current and immediate threat to the public health, safety, and welfare of the residents, and the approval of permits for such development would result in a threat to public health, safety, and w~lfare in that such appravals would not appropriately take inta account the potential effect on the integrity and character of the district in which the use is located; the compatibility Qf the usa with the surrounding neighborhood and genera~ area in which the use is ta be located; and other potential detrimental effects on the public interest, heaith, safety, convenience~ and general we~fare. {d) Pending the study and possibl~ amendment af th~ Zoning Ordinance, it is necessary, on an interim basis, to require a conditional use permit fQr certain commercial uses with extended - 2 - hours of operation, and to establish standards for the operation of Automab~le Washing Facilities in designated zoning districts. (e) In light of the above findings and purpose, the City Council adopted an March 23, 1993 Ordinance Number 1678{CCS) ta require a conditional use permit for certain ca~m~rcial uses with extended hours of operatian, which ~rdinance ~xpired on February 7, 1994. The findings and canditions in effect at the time af the adoption af Ordinance 1578 {CCS) are sti11 applicable, and, pending the processing of an amendment to the Zaning ~rdinance, it is necessary to renew the ordinance for an additional lU months and 15 days for the reasons set farth above. (fJ In light of the above findings and purpose, the City Council alsa adopted, on September 14, 1993, Ordinance Number 17Q4 (CCS) establishing standards of Automobile Washing Facilitias in certain zanes. flrdinance Number 1704 (CCS) has expired. The findings and condit~ons in effect on September 14, 1993 at the time of the adoption of Ordinance Number 1704 (CCS) are still applicable, and, pending the processing of an amendment to the Zoninq 4rdinance, it is necessary to renew Qrdinance Number 1704 (CCS). In order to clarify the zoning regu~ations and standards applicable ta Automabile Washing Facilities and certain commercial uses, it is in the best interests of the public to cansolidate the applicable provisions of 4rdinance Number 1678 (CCS} and Ordinance Number 1704 (CCSj, as set forth be~ow. -- 3 - SECTION 2. Interim Zoning for Commercial Uses with Extended Hours of Operatian. The Planning Commission and City staff are directed to disapprove a~l requests for the issuance af building permits and tentative maps, administrative approvals, development review permits, business licenses, certificates of ~ccupancy, ar any other City permits for projects which involve the following commercial uses, when such uses aperate any time between the hours of lp p.m. and 7 a.m., and are located within 100 feet of a residential zoning district, unless a canditional use permit is abtained in accordance with the provisions of Part 9.04.2D.12, Sectians 9.04.20.12.Oi0 through 9.04.20.12.08~ of the Zaning Ordinance: {1) Automobile Dealerships (2) Automobile Repair Facilities in the M1 zone (3) Mini-Marts. SECTiON 3. Inte~im Zoning for Automobile Washing Facilities. In addition to the provisians of Section 2, the Planning Cammissian and City staff are directed to disapprove all requests far the issuance of buiiding permits and tentative maps, administrative appravals, conditianal use permits, development review permits, business iicenses, certificates of occupancy, ar any ather City permits for projects which include Automobile Washing Facilities except as set forth below: - 4 - (a} Permitted uses. Automobile Washing Facilities shali be a permitted use in the M1 Industrial Conservatian District if the closest property line of the parcel on which the Automobi~e Washing Facility is located is one hundred (100) feet or more from a residential zoning district. (b) Canditianally Permitted IIses. Automobile Washinq Facilities shall be permitted subject to the approval of a conditiona~ use permit in the M1 Industrial Conservation District or parcels not otherwise authorized in Section 3(a) above, and in the C4 Highway Commercial District. (c) Property Deveiopment Standards. Any Automobile Washing Facility authorized by this Ordinance shall comply with the property development standards for the district in which it is to be located (inc~uding setback, height, etc.}, and with the following additionai standards: (1) Minimum Parcel Size. Seven ~housand five hundred (7,540) square feet. {2y Setbacks. No building or structure for a self- service car wash shall be located within thirty (30) feet of any public right-af-way ar within twenty (20} feet of any interior parcel Iine. (3) Canapies. Any canopy shall be at least five (5) feet from any property line. ~4) walls. Automobile washing facilities shall be separated from adjacent property other than street frontage by a masonry wall of not less than six (6} feet in height. If adjacent property is commercially developed and a soJ.id wall - 5 - already exists an the property line, the Zaning Administrator may modify or waive th~s require~ent as necessary to achieve the purposes af this Ordinance. Materiais, textures, calors, and design of all walls shall be compatible with the design of the principa~ structure on the parcel and adjacent praperties. No wall required to be erected and maintained by the provisions of this Section shall be canstructed within five (5} feet of a driveway entrance ar vehicle accessway opening onto a street or alley which would obstruct a cross view of pedestrians on the sidewalk, alley, or elsewhere, by motorists entering or exiting the parcel. (5) Pavinq. The site shall be entirely paved, except for buildings and landscaping. (6) Landscapinq. The site shall be landscaged pursuant to the fo~~.owing standards: (i~ A minimum of t~n p~rcent (10~) of the site shail be landscaped, and shall include, at a minimum, a planting strip at Ieast three {3} feet wid~ along all interior parcel lines, non-driveway street frantages, and adjacent to buildings. Planters shall be surrounded by masonry or concrete curbs and so arranged as to preclude mator vehicles from drivi,ng across the sidewalk at locations other than access driveways. Permanent apaque landscaping or berming shall be provided and maintained in the planters at a height af r.ot less than three (3) feet above the average adjacent grade. - 5 - (ii) A minimum of one hundred fifty (150) square foot landscapad area shall be provided at the intersectian of two (2) property lines at a street corner. (iii) Al1 landscaped areas shall be properly maintained in a neat, orderly, and safe manner, pursuant to Subchapter 9.04.10.02 of the Zaning ordinance. Such landscaping and maintenance shall include, but not be limited to, the installatian and use of an auto~atic irrigation system, permanently and campletaly installed, which delivers water directly to a~l landscaped areas. (iv) All street trees shall be praserved or replaced where missing, as required by the City, and dri~eways and vehicle approaches shall be designed so as nat to necessitate the rem~val af any existing street trees. (v) Final landscaping design treatment shall be subject to review and appraval by the Architectural R@V1BW Board. (7) Access and Circulation. Un~ess otherwise approved by the Parking and Traffic Engineer, no more than two (2) driveways shall be permitted on any one (1) street frontage. If one driveway the maximum width shall be thirty-five (35) feet; if twa driveways the maximum width of each shail ba thirty (30) feet. Driveways shall be located as fol~ows: {i) Driveways shall not be located closer than fifty (50) feet from a street intersection, fifteen (15) feet from a residential property Iine or alley, nor as to otherwise - 7 - interfere with the movement and safety of vehicular and pedestrian traffic. (ii) All washing facilities shall be ~ocated within a building which is enclosed except those openings necessary fcr vehicu~ar and pedestrian access. Such apenings shall not face any adjacent residentially zoned property. Access ta the washing area shall not be located within 50 feet af a residentially zoned property. (8) Parkinq. Parking shall be provided in the foilowing manner: (i) There shall be a minimum of two (2j parking spaces far each washing stall, not including the stall, plus one {1} space for each three hundred (300) square feet of retail area. For facilities without defined sta3ls, the calculated minimum stall number sha11 be equal to one (1} sta~l for each twenty {20) linear feet o£ washing area lane. (ii) The parking area shall be landscaped and striped in conformance with Subchapter 9.04.10.02 of the Zoning ordinance. (iii} Customer and employee parking shall not be utilized for automobile repair ar storage of vehic~es, Customer parking areas may be used for hand drying of vehicles. (iv} No v~hicie that wiZl be or has been serviced may be parked on pubiic streets, sidewalks, parkways, driveways, or alleys. - S - (v} No vehicle may be parked on the premises far the purpose of offering it for sale unless the estab3ishment has also been approved for automobile sa~es. (9) Restrooms. Except for self-service automobiie washing facilities, each autoraobile washing facility shall provide a men~s and women's restra~m which are accessible to customers, includinq the physically disabled, during all hours the establishment is open to th~ public. Restrnoms shall be attached to a structure on site with entranc~s ar signage visible from the waiting area or cashier station, shall be maintained on a regular basis, and concealed from view of adjacent properties by plantErs or decorative screening, (10) Telephones. At least one (1} public telephone shall be provided at each Automobile Washing Facility. (11) Vendinq Machines. Coin-operated ~ending machines may be permitted within or abutting a structure for the purpose of dispensing items commonly found in Automobile Washing Faci~ities, such as refreshments and maps. (~2) Game Machines. Up to three (3) arcade ar game machines or other coin-operated electronic machines shall be permitted if located within an enclosed building. (13) Location of Activities. AZ1 washing, vacuu~ing, waxing, machine drying and related activities and vperations shall be conducted entirely within an enclosed service building, except as follows: (i) Hand drying of vahicles. - 9 - (ii) The sale of items from vending machines placed next to the main building in a designated area which shall not exceed thirty-two (32} square feet and shall be screened from public view. (1~) Re~use Storaqe and Disposa~. A trash and recyc~ing area shaii be provided and screened on at least three (3) sides from public view by a solid opaque impact-resistant wall nat ~ess than five (5) feet in height as required by Subchapter 9.04.10 of the Zvning Ordinance. ti) All trash and recycled materials shall be deposited in the trash area and the gates leading thereto shall be ~aintained in working order and shall remain closed except when in use. (ii) Refuse bins shall be provided and placed in a lacation convenient for customers. ~iii) Trash areas shall not be used for storage. The premises shall be kept in a neat and orderly conditian at a~l tim~s and all improvem~nts shall be maintained in a condition of reasonable repair and appearance. No used ar discarded autamotive parts or equipment, or perntanently disabled, junlced, or wrecked vehicl~s may be stored out~ide the main building. (~5) Utilities. All utilities sha~l be placed underground. (16) LiahtinQ. All lighting shall camply with the provisions of Subchapter 9.04.10.02 of the Zoning Ordinance. - 10 - (17) O~eration of Facilities. The facility shall at all times be aperated in a manner nat detrimental to surrounding properties or residents. Site activities shall not praduce ar be reasonably anticipated to produce any of the fallowing: (i) Damage or nuisanc~ from noise, smoke, odor, dust, or vibration. (ii) Hazard from explosion, contamination, or fire. tiii) Hazard occasioned by the unusual vo~ume or character of traffic, or the canqregating of a large number of people ar vehicles. (iv) Glare from headlights. (18) Hours of Oberation. If located within one hundrad (i0o) feet of a residential district, operatian of the establishment sha~l be prohibited prior ta 8:00 a.m. or after 10:00 p.m. oh weekdays, prior to 9:00 a.m. ar after 10;~0 p.m. on Saturdays~ and prior to 9:04 a.m. or after 9:Q0 p.m. on Sundays. (19} Outdoar Lgudsneakers. Th~re shali be na outdoor laudspeakers or public address systems. (20) Securitv Plan. A security plan shall be developed by the applicant and approved by the Chief of Poli.ce prior to issuance of a building permit. (21) Queuinq of Vehicles. An Qn-site queuing plan for service customers shall be provided fox the approval af the Parking and Traffic Engineer. On-site driveways may be used for queuing, but may not interfere with access to required parking spaces. - 11 - (22) Water Recvc~ina. Recycling af water used for vehicle washing shall be maximized. The Department of General Services shall appro~e recycling systems used at autamobile washinq facilities. (23) Air Qualitv. (i) All mechanica~ ventilating equzpment shall be directed to top story e~aust vents which face away from any adjacent residential properties. (ii) Exhaust systems shall be equipped with appropriate and reasanably available cantrol technology to minimize or eliminate noxious pollutants whiCh would otherwise be emitted. (24) Noise. All aperations at the site shall comply with tha City~s Noise Ordinance, as set forth in Chapter 4.12 of the Santa Moni.ca Muna.cipai Code.. SECTION 4. Applicabzlity. The provisions of this Ordinance shaZl apply to any project which has nat abtained a business license or Certificate of ~ccupancy before February 23, 1993~ and which involves a new use or a change of use. For purposes of this ordinance, a new use shall be considered any use on a site for which there has been no previous legal use far six months ar ~onger, and a change of ~xse shall be considered any change in type of use. - 12 - SECTION 5. Exceptions. This Ordinance shall nat apply to any Automobile Washing Facility which has obtained a building permit prior to February 9, 1993, and which does not operate between the haurs af 14 p.m. and 7 a.m., unless a conditional use permit is abtained. SECTION 6. Interpretation. This Drdinance shall not be interpreted to allow any cammercia~ uses not otherwise autharized as a permitted use, or subject to a performance standards permit, in any zoning district, nor to allaw hours of operation beyand the hours presently authorized for any use in any zoning district. SECTION 7. This Ordinance shall be of no further force and effect 45 days from its adoption, unless prior to that date, after a pubiic hearing, noticed pursuant to Santa Manica Municipal Code 5ectian 9.04.20.22.05~, the City Council, by majority vote, extends the interim ordinance. SECTION 8. This 4rdinancE is declared to be an urgency measure adopted pursuant to the provzsians af Sectian 9.04.20.16.060 of the Santa Monica Municipal Code and Section 6I.5 of the Santa Monica City Charter. It is necessary for preserving the public peace, heaith and safety, and the urgency for its adoption is set forth in the findings above. - 13 - SECTIDN 9. Any provision af the Santa Monica Municipal Code or appendices thereto, or any interim ordinances, inconsistent with the provisions of this ordinance, to the extent of such inconsistencies and no further, are hereby repealed or modified to that extent necessary ta effect the provisions of this Ordinance. SECTTON 10. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason he~d to be invalid or unconstitutional by a decision vf any court of any competent jurisdiction, such decision shall not affect the validity of the remazning portions of this Ordinance. The City Counci~ hereby declares that it would have passed this Ordinance, and each and every section, subsection, sentence, clause, or phrase not dec~ared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutiona~. SECTION 11. The Mayo~ sha~l 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 ~rdinance shail become effective upon adoptian. APPROVED AS TO FORM: ~ ~ . ~.~~ ~=L:~_~~ ..,~~ ~ JO PH L~ AWRET~ICE ~Ac ing City Attorney - 14 - Adopted and appro~ed ttus Sth day of February, 1994 ~'`J,rl9 yar I hereby certify that the foregomg Ordinance No 1727 (CCS) was duiy and regularly introduced and adopted at a meetuig of the City Council on the 8th day of Febr~ary, 1994 ~y the followmg Council vote Ayes Councilmembers Abdo, Greenberg, Genser, Holbrook, Rosensteui, Olsea Vazquez NOES Councilmembers ~Tone Abstain Cauncilmembers None A~sent. Counciltnembers None ATTEST n . , :~, - - ,~ , -- " ;", „/~~!~ '`~' . it..~r/~"~~~-~`- /~ - ~ City Clerk