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.
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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.
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(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
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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.
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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:
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(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
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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.
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(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
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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.
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(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.
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(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.
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(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.
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(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.
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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.
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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:
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~.~~ ~=L:~_~~ ..,~~
~ JO PH L~ AWRET~ICE
~Ac ing City Attorney
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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
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-- " ;", „/~~!~ '`~' . it..~r/~"~~~-~`-
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City Clerk