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SR-12-E (2) WIll' t({)z...-()(J~ 12-E ,DEe 1 3 lqRR Monlca, Call1b~nia C/ED:PZ:DKW:DM Council Mtg: December 13, 1988 Santa TO: Mayor and City Council FROM: City staff ~7,8 (J {\ CO B ( , SUBJECT: Appeal of a Planning Commission Technical Denial of Development Review 464 to Allow the Construction and Operation of a 3,106 Square Foot Building to be Utilized as a Ten-Minute Oil Change Facility. Applicant: Ken Keatts. Appellant: Ken Keatts. INTRODUCTION This report recommends that the City Council deny the subj ect appeal and uphold the Planning Commission's technical denial of Development Review 464 to permit the construction and operation of a ten-minute oil change facility. The Planning Commission denied the application in that two motions, one for continuance and one for denial, failed for a lack of four votes. The applicant, Ken Keatts, is appealing the denial. BACKGROUND The applicant has proposed the construction of a 3,106 square foot building on a vacant, former gas station site. The structure would contain three service bays, a small office and restroom facilities on the first floor and office and storage space on the second floor. The facility would be operated by Pennzoil oil Company as a Jiffy Lube Ten-Minute Oil change store. The proposed application, which was deemed complete on April 28, 1988, is subject to the provisions of Ordinance 1321. According - 1 - \2-E , ~(,I.o fjECl to Ordinance 1321, a Development Review is required for all new automotive uses. This application is not subject to the provisions of the new zoning ordinance. The proposed Jiffy Lube facility would function as a "drive-through" with cars exiting out the front bay doors toward pico Boulevard. Access to the site would be provided off the rear alley and from pico Boulevard. Traffic flow would be from the alley to Pico Boulevard. The cars would be serviced from an underground service pit. Automobile service would be limited to lube and oil change only. There would be no tune-up or repair. Additional information provided as exhibits attached to this report include the letter of appeal (Attachment B), the Planning commission statement of Official Action (Attachment C), a more detailed proj ect description in the Planning Commission staff Report (Attachment D), and the project plans (Attachment E). ANALYSIS The Planning commission technically denied the applicant's proposal based on the fact that two motions failed to carry for a lack of four votes. The first motion was for a continuance of the item in order to give the applicant an opportunity to redesign. This motion failed by a vote of two in favor and two against. The second motion, which was for approval of the project, failed by a vote of three in favor and one against. On the night of the hearing, one Commissioner was absent, one abstained, and one Commission seat was vacant. - 2 - The Planning Commission had concerns related to the proposed proj ect r s on-site traffic circulation, its relationship to the adjacent residential neighborhood and its potential impact on the existing Pico/Cloverfield intersection. While the proposed proj ect did not require any traffic analysis by virtue of its small size, the Environmental Impact Report prepared for the proposed retail center at the northwest corner of the picojCloverfield intersection stated that the existing Level of Service for the intersection is "C". The report also projected a future LOS of "F" with the construction of approved and proposed projects. In addition, one Commissioner was concerned about the concentration of auto related uses on pico Boulevard. Several members of the public spoke in opposition to the project. Public comment was centered on the traffic congestion which currently exists at the pico/Cloverfield intersection and the overconcentration of auto related uses on Pico Boulevard. Three motions were made by the Commission. The first motion was made for denial of the project based on the fact that the traffic pattern proposed would require alley access which intrudes on the residential area behind the site and that the proposed use is not screened as required by the Land Use Element. However, this motion died for a lack of a second. The next motion was for a continuance of the item in order to give the applicant an opportunity to redesign the project to address the issues raised by the first motion. The motion for a continuance failed to carry by a vote of two in favor and two against. The final - 3 - motion was for denial of the project based on intrusion into the residential neighborhood, lack of screening of adj acent residences, and the concentration of auto uses on Pico Boulevard. This motion failed by a vote of three in favor and one against. Therefore, based on the fact that all three motions failed to carry, the item was technically denied since four votes are necessary to approve a project. staff concerns regarding the proj ect were based on the orientation of the building. The service bay doors are proposed to be open to the rear alley as well as pi co Boulevard. Land Use Element POlicy 1.2.4 encourages the mitigation of impacts of commercial uses, such as automobile service shops I on surrounding residential properties. The orientation of the service bay doors would impact the residential properties across pi co Place alley to the south. Furthermore, Land Use Element policy 3.2.2 states that where commercial uses abut residential areas I there should be an appropr ia te transition (landscaped setbacks or service alley and screen walls). While there is an alley between the subject site and the residential properties, the applicant has not proposed any screen walls or landscaping which might mitigate the impact of the proposed use. Several letters and phone calls were received by staff regarding the proposed development. Concerns centered on the potential traffic impact the project may have on the PicojCloverfield intersection. Sunset Park Associated Neighbors (SPAN) had been in contact with the developer. The SPAN Board of Directors maintains the position that until there is positive action to - 4 - improve traffic flow at and near the intersection of pi co and Cloverfield by the city and developers of already approved projects which impact the PicojCloverfield intersection, no further development at the intersection should be approved. Conclusion Based on the proposed proj ect ' s incons istencies with Land Use Element policy, the potential negative impact on nearby residents and the concerns expressed by the Planning Commission, staff recommends that the council deny the appeal and deny Development Review 464. 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 deny the appeal and deny DR 464 with the findings contained in the October 5, 1988 Planning Commission Statement of Official Action. prepared by: David Martin, Assistant Planner D. Kenyon Webster, Senior Planner Paul Berlant, Planning Director Planning Division Community and Economic Development Department Attachments: A. Letter of Appeal by Ken Keatts dated 10/13/88 B. Statement of Official Action dated 10/5/88 c. Planning Commission staff Report dated 10/5/B8 D. supplemental Memo to Planning Commission dated 10/5/88 E. Project Plans - 5 - DM PC/dr464cc 11/21/88 - 6 - f\J ~wvW 22-, ''1ft TYE KENDRICK HANSON 7~~~)< rIel") r:lUt1, OaJ.A-, S:oA\1\U' \ . - \... - - CITY OF S.\\ll 1\ MO!\1'"" 430 BUFDett AnDue #4 CITY p~ ~.\I ,...,~ - SaD Franciscot CA 94131 (415)285-3692 fcz-,r tJt7 ti .88 OCT 19 P 4 :26 October 13, 1988 c:onorable l:etr.bers of the Cl ty Counsel City of Santa yonica Santa l~onl ca, Cal if'ornla Dear Yembers: ~e are appealing the technical denial by the City of ~anta ~onica Planning co~mlss1on for Project # D-R-464 on October 5, 1988. ~---=-~d~ . '11' l ~ i},t..e K. Hanson ~~~ :Cenfleth '.,'. Keatts ~ I~ . I{ cz.... (J()~ II+=- STATEMENT OF OFFICIAL ACTION PROJECT NUMBER: Development Review 464 LOCATION: 2338 Pica Boulevard APPLICANT: Ken Keatts REQUEST: Application for a Development Review to allow the construction of a 3,106 square foot building to be utilized as a Ten-Minute Oil Change Facility. PLANNING COMMISSION ACTION 10/5/88 Date. Approved based on the following findings and subject to the conditions below. X Denied based on lack of four votes. Other. FINDINGS 1. The proposed development is inconsistent with Policy 1.2.4 on the General Plan Land Use Element which states: " Mitigate the impact of commercial uses such as auto re- pair shops in those areas where an over-concentration of the use would have, or the operation of such uses might have an adverse impact on the surrounding neighborhood". In that the service bays for the autonotive use front onto pico Boulevard as well as the rear alley, and the proposed traffic pattern could impact adjacent residential properties. 2. The proposed development is inconsistent with POlicy 3.2.2 of the General Plan Land Use Element which states: UWhere commercial uses abut residential areas, there should be an appropriate transition (landscaped setback or service alley and screen wall). In that the applicant has not proposed any type of screen wall or landscapinq to mitiqate impacts on adjacent residential properties. - 1 - VOTE Ayes: Nays: Abstain: Absent: Vacancy: L/p~/tJ04 Pyne, Hecht Lambert, Farivar Nelson Mechur One I hereby certify that this statement of Official Action accurately reflects the final determination of the Planning commission of th~~ity of santa Xonica. stdr464 DM 10/21/88 '" , /.f ~'// /' / '. /:. y , !." "'.. l________."v-...-~.---L ~.,~~ ~,~_ signature - "-2 -;/ / /~~~~:...r date /1 - ,,' .L./C//(;I 1 C' t..U . P( A..../e ~c;E/ print name and title @ },ct'~- - 2 - ,r /;7/\ tj~oo~ CITY PLANNING DIVISION Community and Economic Development Department MEMORANDUM DATE: October 5, 1988 TO: The Honorable Planning commission FROM: Planning staff SUBJECT: Development Review 464 Address: 2338 pico Boulevard Applicant: Ken Keatts SUMMARY Action: Application for a Development Review to allow the con- struction of a 3,106 square foot building to be utilized as a Ten-Minute oil Change Facility. This application is subject to the provisions of the old zoning ordinance. Recommendation: Denial SITE LOCATION AND DESCRIPTION The subject property is a 9,012 square foot parcel located on the southeast corner of pico Boulevard and Cloverfield Boulevard having a frontage of 90.12 feet along Pica Boulevard and 100 feet along Cloverfield Boulevard. Surrounding uses consist of Commer- cial Retail across pico Boulevard to the north {C4}, Residential across Pi co Place South to the south {Rl}, a vacant lot on the adjacent parcel to the east {C4}, and Commercial Retail across Cloverfield Boulevard to the west {C4}. Zoning Districts: C4 Land Use Districts: Pi co Corridor Parcel Area: 90.12 X 100 = 9,012 square feet PROPOSED PROJECT Proposed is the construction of a 3,106 square foot building on a vacant, former gas station site. The structure would contain three service bays, a small office and restroom facilities on the first floor I and office and storage space on the second floor. The facility would be operated by Pennzoil Oil Company as a Jiffy Lube-Ten Minute oil Change store. - 1 - tjC"l"OO'i, MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE The proposed project is consistent with the Municipal Code and in conformity with the General Plan as shown in Attachment A. CEQA STATUS The project is categorically exempt per City of Santa Monica Guidelines for Implementation of CEQA, Class 3(3). FEES The project is not subject to any development fees. ANALYSIS The proposed application, which was deemed complete on April 28, 1988, is subject to the provisions of Ordinance 1321. According to Ordinance 1321, a Development Review is required for all new automotive uses. This application is not subject to the provi- sions of the new zoning ordinance. The applicant has proposed the construction of a 3,106 square foot building to be operated as a Jiffy Lube oil Change facility. The facility would function as a "drive-through" with cars enter- ing the building through the rear service bay doors and exiting out the front bay doors toward Pico Boulevard. The cars would be serviced from an underground service pi t . Automobile service would be limited to lube and oil changes only. There would be no tune-up or repair. Access to the site would be provided off the rear alley and from pico Boulevard. Traffic flow would be from the alley to pico Boulevard. The applicant has obtained approval from the Parking and Traffic Division for the parking lot layout. Planning Staff does have concerns regarding the orientation of the building in terms of the fact that the service bay doors are open to the rear alley as well as pico Boulevard. Land Use Ele- ment Policy 1.2.4 encourages the mitigation of impacts of commer- cial uses such as automobile service shops on surrounding residential properties. The orientation of the service bay doors would impact the residential properties across pico Place alley to the south. Furthermore, Land Use Element Policy 3.2.2 states that where commercial uses abut residential areas, there should be an appropriate transition (landscaped setbacks or service al- ley and screen walls). While there is an alley between the sub- ject site and the residential properties, the applicant has not proposed any screen walls or landscaping which might mitigate the impact of the proposed use. Several letters and phone calls have proposed development. Concerns have tial traffic impact the project Cloverfield intersection. Sunset been received regarding the been centered on the poten- might have on the Picof Park Associated Neighbors - 2 - t.fo~(JO'b (SPAN), have been in contact with the developer. The SPAN Board of Directors maintain the position that until there is positive action to improve traffic flow at and near the intersection of Pico and Cloverf ield by the City or developers of already ap- proved proj ects which impact the Cloverfield/Pico intersection, no further development at the intersection should be approved. other letters expressed similar concerns and positions. One let- ter made reference to circulation Element Policies 4.3.1 and 4.3.2, which state that levels of service on City streets shall be a criterion for evaluation of new development proposals and that new development shall be where there is adequate existing road and highway capacity. Neighbors have expressed a concern that the cumulative impact of this project and others at the same intersection could push the level of service to LOS "F". The Environmental Impact Report prepared for the Santa Monica Prome- nade project at the northwest corner of Pi co Boulevard and Cloverfield Boulevard projects a future LOS of "F" with already approved projects. Conclusion Based on the proposed projects inconsistencies with the Land Use and Circulation Element Policy, and the potential negative impact on nearby residents, staff is recommending denial of the appli- cants request. RECOMMENDATION Planning staff respectfully recommends that Development Review 464 be denied with the following findings. FINDINGS 1. The proposed development is inconsistent with Policy 1.2.4 on the General Plan Land Use Element which states: tl Mitigate the impact of commercial uses such as auto re- pair shops in those areas where an over-concentration of the use would have, or the operation of such uses might have an adverse impact on the surrounding neighborhood". In that the service bays for the automotive use front onto pico Boulevard as well as the rear alley, and the proposed traffic pattern could impact adjacent residential properties. 2. The proposed development is inconsistent with Policy 3.2.2 of the General Plan Land Use Element which states: "Where commercial uses abut residential areas, there should be an appropriate transition (landscaped setback or service alley and screen wall). - 3 - tfo-z,r()OC; In that the applicant has not proposed any type of screen wall or landscaping to mitigate impacts on adjacent residential properties. Prepared by: David Martin, Assistant Planner PC/DR464 DM:dm 08/19/88 Attachments: 1. Letter from SPAN dated 9/26/88 2. Letter from SPAN dated 8/22/88 3. Letter from Laurie Tanner dated 9/17/88 4. Letter from Nancy Nason dated 9/18/88 5. Letter from Pennzoil dated 9/22/88 6. Article submitted by applicant 7. Project Plans - 4 - ATTACHMENT A MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE Category Land Use Municipal Code Element Permitted Use Automotive service allowed with approval of a Development Review, per Ordinance 1321 Height 2 stories/3D' F.A.R. 1.5 Parking 1/300 sq. ft. = 10 spaces - 5 - t.(t> 1-- ,- tJO ~ Project Automotive Service 2 stories/20' .34 12 spaces proposed