SR-072385-12A
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cjED:PJS:ca
Counc~l Mtg:
Santa Monlca, Cal~fornla
July 23, 1985
12-1/
JUL 2 3 1185
TO:
Mayor and C~ty Counc~l
FROM: C~ty Staff
SUBJECT: Appeal of Plann~ng Commlss~on Dec~s~on Approv1ng Con-
version of a Warehouse to an Automotlve Test1ng FaCl11-
ty and Auto Body Shop. Appllcant: Am1r Sarbazi Appel-
lant: Wlldwood School
INTRODUCTION.
Th1S 15 an appeal from the Plannlng Commlss~on decls10n approvlng
Development Revlew No 299.
The proposed proJect 1S for a change
of use of a bUlldlng In the M2 zone, last used as a warehouse, to
an automotlve laboratory to test cars for the Envlronmental Pro-
tectlon Agency and an auto-body shop.
Followlng a pub11c hear1ng
on June 3, 1985, the Plannlng Comm1sS1on approved the proJect,
subJect to the f1nd1ngs and condltlons noted In the staff report
(Attachment A), and as amended In the Statement of Offlc~al Ac-
t10n (Attachment B).
The appellant's baS1S of appeal 18 that
proper notlflcat~on of the publ~c hear1ng was never rece1ved,
that the env~ronmental lssues, partlcularly concern1ng the poten-
t~al lmpact of tOX1C fumes were not adequately addressed and that
the proposal confllcts w~th the pollcies of the Clty I S Land Use
Element (see Attachment C).
In that publlC notlce was properly
prov~ded, the use 1S a permitted use ln the M2 zone, and the en-
vlronmental lssues have been adequately addressed ~n the approved
f~nd1ngs and cond1tlons as amended In the Statement of Off~c1al
Act~on, staff recommends that the appeal be den1ed and the deC1-
510n of the Plann1ng CommlSS1on be afflrmed.
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JUl 2 3 1!85
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BACKGROUND
The proposal represents a change of use of a 9600 square foot
concrete block bUllding WhlCh was last used as a warehouse to an
automotive laboratory where cars wlll be tested for the EnV1ron-
mental Protectlon Agency, European cars wlll be converted to
Amerlcan standards, and auto body repdlr work wlll be performed.
All work w111 be done W1thln the eXlstlng enclosed bUlld1ng plus
new addlt10n WhlCh w111 contaln four hoists and a palnt booth.
The property lS located betwen Nebraska Avenue and Olymp~c
Boulevard on Franklln Street. Surround1ng uses consist of a
large park1ng lot and 1ndustrlal bUlldlng to the east, offlce and
1ndustr1al uses to the north, the Wlldwood School to the west and
Hot Tub Fever to the south. Currently, there are a total of 15
parklng spaces located on slte, lncludlng three palrs of tandem
spaces.
ANALYSIS
The proposed change of use lS a perml tted use 1n the M2 zone.
Wlnle thlS area lS also part of the Speclal Offlce Dlstrict as
deflned in the Land Use Element, thlS partlcular s1te lS appro-
prlate for thlS use 10 that no adverse lmpact to the surrouodlng
area lS antlclpated to occur Slnce all work wlll take place
wlth1n the enclosed bU1ldlng and the property lS located 10 an
area wlth other lndustrlal uses and llmlted publlC access 1S pro-
v1ded. POllCY 1.8.8 of the Land Use Element would perm1t new or
expanS10ns of eX1st~ng 1ndustrlal and manufacturlng uses 1n the
proposed Speclal Offlce Dlstrict as conditlonally perm1tted uses.
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Issues raised and discussed at the Plann~ng Comm~ss~on I s publ~c
hearlng 1ncluded eX1st1ng problems of traff1c congestion on th~s
portlon of Frankl~n Street where no through-access 1.S provlded to
Olymplc Boulevard, compounded by the practlce of area buslnesses
WhlCh load and unload merchandlse on the street.
Opponents from the Wlldwood School raised concerns regardlng the
potential envlronmental impact Wh1Ch could occur from toxic fumes
belng emltted from the proposed bus1ness. In approv1ng the proJ-
ect the Plannlng Comm1ss~on made spec1fic f1ndings whlch are con-
talned 1n the attached Statement of Offlcial Action. Two cond1-
tl.ons of approval of partlcular note are Cond1 tl.ons lO and 11
Wh1Ch 1.nsure that an appropr~ate roof ventilat1.on system wh~ch
complles wl.th the Un1form Mechan~cal Code l.S provlded, and that a
TOX1C Chem1Cdl D~sclosure Form as well as a listl.ng of chemlcals
and solvents as may be requlred by the Cl.ty's F1re Marshall shall
be f~led and ma1nta1ned w1th the C1ty. Addltlonally, all cheml-
cal substances shall be stored, ma1nta1ned and used 1n accordance
Wl.th appllcable local, State and Federal laws.
In that W1.ldwood School 1.S located 1n the M2, General Industrlal
Dlstrlct, It lS already surrounded by perm1tted 1ndustrlal uses
such as the proposed proJect. Furthermore, at a publlc hear1ng
on July 16, 1984 the Plannlng COmm1.SS10n approved a temporary
modular classroom for the W1ldwood School. In approv1ng thlS
temporary classroom, the Plannlng Commlss1on made speclf1c flnd-
1ngs to ~nd1cate that thlS would be a temporary facl.l1 ty s~nce
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the School intends to relocate In the near future.
School off1-
Clals have requested Clty staff asslstance In ldentlfying alter-
natlve s1tes beglnnlng wlth the next School year. Whlle lt may
be that the property owner and not Wlldwood School, a tenant,
recelved a copy of the publlC not1ce for the change of use hear-
lng, W1ldwood School representdt~ves d~d attend the Planning Com-
mlSSlon hearlng and presented thelr Vlews.
CITY COUNCIL AUTHORITY
Under the prOVls1ons of Sectlon 4b of Ordlnance 1321 (CCS) the
Clty Counc1l may afflrm, reverse or modify any determlnatlon of
the Plannlng Commlsslon 1n regard to a Development Permlt and the
declslon of the Clty Caunell shall be flnal. In approVlng an
app11catlon the Commlsslon or Councll on appeal must make appro-
prlate flndlngs and may add condltlons necessary to protect the
public welfare.
BUDGET/FISCAL IMPACT
The recommendatlons presented In th1s report do not have a
budget/flscal lrnpact.
RECOMMENDATION
Staff respectfully recommends that the Clty Councll deny the ap-
peal and afflrm the declslon of the Plann1ng Comm1SSlon adoptlng
the flndlngs and cond1tlons contalned In the June 3, 1985 staff
report, as amended and approved by the Plannlng Comm1SS10n on
June 3, 1985, as 1tS own.
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Prepared by: Paul J. Silvern, D~rector of Plann~ng
Karen Rosenberg, ASslstant Planner
Clty Plann~ng D1V~Slon
Comrnun~ty and EconomlC Development Department
Attachments: A.
Staff Report to Plannlng ConunlsS1on, June 3,
1985
Statement of Offlclal Actlon
Letter of Appeal
B.
c.
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eExh~bit A
PLANNING AND ZONING DIVISION
COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT
M E M 0 RAN DUM
DATE:
June 3, 1985
TO:
The Honorable Plann~ng Comm1ss~on
FROM:
Paul J. S~lvern, D~rector of Plann~ng
SUBJECT:
DR 299, 1834 Frankl~n Street, M2, Change of Use of
Warehouse to Automot1ve Testlng and Body Shop. Appl~-
cant: Am~r Sarbaz
Summary: Th~s proposal ~s for a change of use of a bu~ld~ng In
the M2 zone wh~ch was last used as a warehouse to an automot~ve
laboratory to test cars for the Env1ronmental Protect1on Agency
and a body shop. The slte 15 located w1thln the Spec1al Offlce
Dlstr1ct as outllned ln the Land Use Element. The appllcatlon ~s
subJect to Plann1ng CommlSS1on review under Ordlnance 1321 and LS
recommended for approval w~th cond~tlons.
Existing Conditions. The property lS located between Nebraska
Avenue and Olymp1c Boulevard, at the end of Franklln Street. No
through access 1S prov~ded. A 9600 sq. ft. concrete block bUlld-
lng Wh1Ch was last used as a warehouse 1S located on the s1te.
Surround1ng uses conslst of a large park1.ng lot and lndustrial
bu~ldlng to the east, off~ce and lndustr~al uses to the north,
the W1ldwood School to the west and lndustrlal uses to the south
wh1ch are 1ndcceSSlble from Frankl1n Street.
Proposed project. The appl~cant proposes to use the eX1stlhg
9600 sq.ft. bU1ld1.ng for an automot1ve laboratory to test cars
for the Environmental Protectlon Agency, converS1on of European
Cars to Amer1can Standards as well as a body shop. All work 1S
proposed to be done w1th1n the enclosed bU11d~ng and four hOlsts
and a pa1nt booth are proposed additlons to the ~nterior.
Currently, there are a total of 15 park1ng spaces located on
s~te. SlX of the eXlstLng spaces are 1n tandem.
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Municipal Code and General Plan Conformance. ThlS project con-
forms to the Munlclpal Code and General Plan requ1rements for the
M2 zone as follows:
Category
MunlC1pal
Code
Permltted Use
General In-
dustrlal Uses
Helght
45'
Park1ng
9600 sq. ft. @
1:300= 32
parklng spaces
requlred (If
new) 15 (ex1s-
tlng non-con-
formlng)
Land Use Project
Element
Spec1al Off1ce Auto Repalr
Dlstrictj Indus-
rlal and Manu-
facturlng uses
perm1tted lf com-
pat1ble with area
uses
3 storles, 45'
1 story,
(ex1st1ng)
20 I
Same as Munic1- 15 parklng spaces
pal Code provlded (exist-
lUg)
Fees. Th15 project lS exempt from the Hous1ng and Parks Impact
Mltlgatlon Fee.
General Plan Conformance. The proposal is ln conformance wlth
Po11cy 1.2 of the Land use Element in that the proposed locatlon
for th1s automotlve repalr faClllty 15 compat1ble with adjacent
lndustr1al uses and no adverse lmpact wlll occur as a result.
CEQA. ThlS project is categor1cally exempt from the prov1s1ons
~CEQA, Clty of Santa Manlca GUldellnes for Implementat10n
(class 1 (1)).
Analysis. This proposed change of use of thls eXlstlng buildlng
to an automotlve repalr shop 15 a permltted use ln the M2 zone.
Whlle thlS area lS also part of the Speclal Off1ce D1strlct as
de flned J.n the Land Use Element, thlS partlcular 51 te lS appro-
prlate for thlS use in that no adverse lmpact to the surround1ng
area lS ant1clpated to occur Slnce the property 1S at the end of
a street Wl th no through access and 15 surrounded by other In-
dustrlal related uses. Furthermore all work will take place
wlth1n the bUl1dlng. Once the new Zon~ng Ordlnance lS adopted,
thlS use may become a non-conforming use and be subJect to the
prOV1Sl0ns outllned In the non-conformlng sectlon of the
Munlclpal Code.
Currently, 15 park~ng spaces are prov1ded on slte. If thlS proJ-
ect lnvol ved new constructlon add1 tlonal park1ng to meet
Mun~c~pal Code requlrements would be requlred. However, Slnce no
addltlonal square footage w111 be added and only 1nterlor
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mod~f~cat~ons to the ex~st~ng structure wl11 be made, the addl-
t~on of 16 spaces ~s not requ1red per Sectlon 9136A Santa Mon1ca
Mun~c~pal Code. A recommended condit1on of approval of this pro-
posal 1S that the park1ng area be restr~ped and that storage of
vehicles w~ll not be perm~tted In the spaces des~gnated for
parkJ..ng.
Recommendation. It ~s respectfully recommended that DR 299 be
approved accord1ng to the fol1ow~ng f1nd1ngs and subJect to the
follow1ng cond1tlons.
Findings.
1. The development 15 cons15tent W1 th the fJ..nd1ngs and pur-
pose of Ordlnance 1321 as set forth below.
2. The phys~cal locat~on and placement of proposed structures
on the 51te are compatlble w1th and relate harmonlously to
surround~ng s~tes and Delghborhoods ln that the site ~s
located at the end of a street w~th no through access and
all work w1l1 take place w1thln the eX1st~ng concrete
block bUJ..ldJ..ng.
3. The eXlst1ng and/or proposed rlghts-of-way and fac~11t1es
for both pedestr1an and automoblle traff1c wll1 be ade-
quate to accommodate the ant1clpated results of the pro-
posed development includJ..ng off-street parklng fac11J..t1es
and access thereto In that 16 eX1stlng parkJ..ng spaces are
provided.
4. The eXlstlng and/or proposed publlC and/or prlvate health
and safety facillt1es (includlng, but not l1ffi1ted to,
sanltatJ..on, sewers, storm draJ..ns, f~re protectJ..on devlces,
protectl ve serVlces, and publlC utill tles) wl11 be ade-
quate to accommodate the ant1clpated results of the pro-
posed development.
5. The proposed development 1S conslstent wlth the General
Plan of the CJ..ty of Santa Monlcd and the ZonJ..ng Ordlnance
1n that the proJect wlll conform to the he1ght, bulk, use
and urban deslgn pollcles for the SpecJ..al OffJ..ce Dlstr1ct
as speclfled ~n the Land Use Element of the General Plan
and conform to the appropr1ate M2 standdrds conta1ned In
the Zon~ng OrdJ..nance.
Conditions.
1. Plans for trash epclosures and slgnage shall be subJect to
revJ..ew and approval by the Archltectural Rev1ew Board.
2. Mlnor amendments to the plans shall be sUbJect to approval
by the D1rector of Plannlng. An increase of more than 10%
of the square footage or a s~gniflcant change 1n the ap-
proved concept shall be subJect to Plannlng Comnuss~on
Review. Construct~on shall be 1n substantial conformance
W1 th the plans subml tted or as modlfJ..ed by the Plannlng
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CommlSSlon, Arch1tectural Revlew Board or Dlrector of
Plann1ng.
3. The rlghts granted hereln shall be effectl ve only when
exerclsed w1th1n a perlod of one year from the effective
date of approval. Upon the wrltten request of the appll-
cant, the Dlrector of Plannlng may extend th1S perlod up
to an addltlonal s1x months.
4. The appllcant shall comply W1 th all legal requ1rements
regardlng provls1ons for the dlsabled, includ1ng those set
forth 1n the Cal1fornla Adm1nlstratlve Code, T1tle 24,
Part 2.
5. The park1ng lot shall be str1ped 1n conformance wlth Sec-
tlon 9l29.F.7 (SMMC).
6. F1nal parklng lot layout and spec1flcat1ons shall be sub-
Ject to the review and approval of the Park1ng and Trafflc
Eng1neer.
7. Refuse dreas, storage areas and mechanlcal equipment shall
be screened 1n accordance wlth Sec. 9l17J.2-4 (SMMC). Re-
fuse areas shall be of a Slze adequate to meet on-s1te
need.
8. The operation shall at all tlmes be conducted 1n a manner
not detrlmental to surround1ng propert1es or res1dents by
reason of l1ghts, nOlse, actlv1tles, park1ng or other
act1ons.
9. The exter lor parklng area shall be used for employee and
customer park1ng only and not for repalr or flnishlng work
or long-term (over one week) storage of vehlcles.
Prepared by: Karen Rosenberg
Asslstant Planner
PJS:KR:ca
DR299
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~ibit B
STATEMENT OF OFFICIAL ACTION
PROJECT.
NUMBER: DR 299
LOCATION: 1834 Frankl~n Street
APPLICANT: Am~r Sarbaz
REQUEST: Change of Use of Warehouse to Automotlve Test1ng
and Body Shop
PLANNING COMMISSION ACTION:
6-3-85
Date.
x
Approved based on the followlng flnd1ngs and subJect to
the condltlons below.
Den1ed.
Other.
Findings.
1. The development 1S conslstent w1th the f1nd1ngs and pur-
pose of Ordlnance 1321 as set forth below.
2. The physlcal locatlon and placement of proposed structures
on the s1te are compatible with and relate harmon1ously to
surrounding Sl tes and nel.ghborhoods 1n that the Sl te lS
located at the end of a street w1th no through access and
all work w111 take place w1th~n the eXlsting concrete
block bUlldlng.
3. The eX1st1ng and/or proposed rlghts-of-way and facllltles
for both pedestr1an and automob1le trafflc wl1l be ade-
quate to acconunodate the ant1cl.pated results of the pro-
posed development 1ncludlng off-street parkl.ng fac1l1t1es
and access thereto 1n that 15 eX1st~ng parklng spaces are
prov.l..ded.
4. The eXl.stlng and/or proposed publ1C and/or pr1vate health
and safety fac111tles (lncludlng, but not l1mlted to,
san1tat1on, sewers, storm dralns, f1re protect1on dev1ces,
protectl ve serVlces, and publlC ut1l1 tles) wlll be ade-
quate to acconunodate the antlc1pated results of the pro-
posed development.
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5. The proposed development 1S cons1stent W1 th the General
Plan of the City of Santa Mon1ca and the Zon1ng Ord1nance
in that the proJect w1ll conform to the he1ght, bulk, use
and urban des1gn polic1es for the Spec1al Off1ce Distr1ct
as spec1f1ed 1n the Land Use Element of the General Plan
and conform to the appropr1ate M2 standards conta1ned 1n
the Zonlng Ord1nance.
Conditions.
1. Plans for trash enclosures and slgnage shall be subJect to
reV1ew and approval by the Arch1tectural ReVlew Board.
2. M1nor amendments to the plans shall be sUbJect to approval
by the D1rector of Plann1ng. An 1nCr~a$e of more than 299
squdre feet or a slgn1fH::ant change 1n the approved con-
cept shall be subJect to Plann1ng Commiss1on ReVlew. Con-
structlon shall be 1n substant1al conformance with the
plans submltted or as modlfled by the Plann1ng Comm1sslon,
Arch1tectural ReV1ew Board or D1rector of Plann1ng.
3. The r1ghts granted hereln shall be effect1ve only when
exerc1sed Wl thin a perlod of one year from the effect1 ve
date of approval. Upon the wr1tten request of the appll-
cant, the Dlrector of Plann1ng may extend th1S perlod up
to an adct1tlonal S1X months.
4. The appl1cant shall comply wlth all legal requ1rements
regarding prov1s1ons for the d1sabled, including those set
forth 1n the Callforn1a Adm1nlstrat1ve Code, T1tle 24,
Part 2.
5. The parklng lot shall be strlped 1n conformance w1th Sec-
tlon 9129.F.7 (SMMC).
6. F1nal park1ng lot layout and spec1f1cdtlons shall be sub-
Ject to the reV1ew and approval of the Park1ng and Traff1c
EngJ..neer.
7.
Refuse areas,
be screened
Refuse areas
need.
storage areas and mechanlcal equlpment shall
1n accordance w1th Sec. 9l17J.2-4 (SMMC).
shall be of a Slze adequate to meet on-Slte
8. The operatlon shall at all tlmes be conducted in a manner
not detrlmental to surroundlng propert1es or res1dents by
reason of llghts, n01se, actlvltles, parklng, fumes,
odors, part~cular matter or other actlons.
9. The exte r lor parkl ng ar ea shall be us ed for employee and
customer park1ng only and not for repalr or flnlshlng work
or long-term (over one week) storage of veh1cles.
10. All mechan1cal ventllatlon shall be dlrected to roof ex-
haust vents wh1ch do not face the adJacent school. The
ventllat10n system shall comply Wl th appllcable Unlform
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Mechan1cal Code Sect10ns and shall be
equ1pped to mln1rn1.Ze aud1ble sound beyond
the proJect property l1nes.
des1.gned and
the l1mi ts of
11. The appllcant shall flle and ma1ntaln a TOX1C Chem1.cal
D1.sclosure Form as may be requ1.red under Sectlon 5300
et. seg. of the Mun1clpal Code and such other llstlng of
chemlcals, solvents and the l1ke wh1ch may be requlred by
the Cl ty 's Flre Marshall. All such substances shall be
stored, malnta1ned and used l.n accordance w1.th appllcable
local, State and Federal laws.
12.
If at any tl.me the operatlon 15
of any of condl tlons 1 through
Cease buslness operat1ons untll
tlons are corrected.
found to be 1n violatlon
11 the operat1on shall
such time as the V101a-
Date
Is/ Cha1rperson
Plannlng Commisslon
C1ty of Santa Mon1ca
KR:nh ST299
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