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SR-400-005-01 (3) 1C OCT 2 5 2005 PCD:AA:AS:JL:LBE:F:\CityPlanning\Share\COUNCIL\STRPT\2005\Auto Dealers Interim Ord & GPA.doc Council Mtg: October 25,2005 Santa Monica, California TO: Mayor and Councilmembers FROM: City Staff SUBJECT: Certification of a Final Environmental Impact Report (05EIR-001), Adoption of a Statement of Overriding Considerations, Adoption of a Resolution Amending the General Plan Land Use Element (05GPA-005) to Allow Development of Parking Structures in Low and Medium Density Housing Districts and Parking Overlay Zones on Properties Currently Used Legally in Conjunction with an Automobile Dealership Subject to Development Standards and Discretionary Review and Introduction and First Reading of an Interim Ordinance to Modify Zoning Regulations Pertaining to Automobile Dealerships in the City INTRODUCTION This report recommends that the City Council certify the Final Environmental Impact Report, adopt a Statement of Overriding Considerations, adopt an amendment to the General Plan Land Use Element and introduce for first reading an Interim Ordinance to modify regulations pertaining to automobile dealerships in the City, including limited expansion of automobile dealerships on parcels located in low and medium-density residential areas. The proposed modifications affect the C4, C6, R2, R3, LMSD and M1 zoning districts, including the Parking "A" Overlay District. BACKGROUND The City Council's concern about both the viability and the impacts of automobile dealerships in the City of Santa Monica resulted in direction to the City Planning Division to study these unique circumstances and the automobile dealerships' needs, and propose options to modify regulations. After an extensive public outreach process 1C 1 nrT Q 1;. "}nnt:: and Planning Commission review, in September 2004 the Council directed staff to return with a proposed interim ordinance for its consideration. Specifically, the Council directed staff to propose an interim ordinance that allowed automobile dealerships in the M 1 District; inventory storage and off-street parking structures associated with an existing dealership on residentially zoned parcels, subject to height and setback standards that are consistent with the underlying base district; encouraged subterranean development by exempting this area from the floor area ratio requirements; permitted rooftop parking; and, short and long term temporary use permit options for vehicle storage and dealer relocation. The Council also directed staff to evaluate the possibility of a housing impact fee for commercially developed residential parcels, to explore solar panels on parking structure parapets, and periodic review/ monitoring of the migration of automobile-related uses into the LMSD and M 1 Districts. Consistent with the Council's direction, staff also processed an amendment to the City's Land Use Element (LUE) to allow commercial development on certain residential properties currently used by dealerships. This amendment has been drafted and reviewed in compliance with the California Environmental Quality Act (CEQA) in order to ensure that the interim ordinance is consistent with the General Plan. Proposed language for the General Plan Amendment and Interim Zoning Ordinance are included with this report as Attachments C and D, respectively. The existing regulations are contained in Attachment E. 2 Planninq Commission Action The Planning Commission adopted a Resolution of Intention on July 6, 2005, to initiate the General Plan Amendment process as required by Santa Monica Municipal Code (SMMC) Section 9.04.20.16.020, and reviewed the proposed General Plan Amendment and Environmental Impact Report (EIR) on July 20, 2005. The Commission unanimously recommended that the Council certify the EIR. In regard to the General Plan amendment, the Commission voted unanimously to recommend adoption of the following amendment, with the removal of the proposed italicized sentence from Policy 1.2.3: 1.2.3 Parking structures and underground parking shall be permitted with site review on land zoned "A" Off-street Parking District and on lots adiacent to an automobile dealership that are legally operated in coniunction with that dealership as of September 28, 2004_ Lots operated in coniunction with automobile dealerships may only be redeveloped with parkinq structures and underqround parkinq for inventory storaqe and off-street parking uses that serve the associated automobile dealership. Structures shall generally conform to the height, bulk, setback and landscape standards for the adjacent residential district. However, setbacks, stepbacks and other development standards applicable to residential structures may be modified in order to accommodate the specific structural and design requirements of parking structures. Such structures shall only be permitted if the facility will not adversely impact the adjacent residential neighborhood. This policy shall not apply to "A" zoned lots adjacent to neighborhood commercial zones except for the Wilshire Boulevard neighborhood commercial overlay zone. The intent of the deleted sentence is to provide necessary flexibility to address the structural needs of parking structures, for which additional upper level stepbacks would interfere with functional design. In an effort to address the Commission's concerns, this portion of the policy was revised as follows: .. . "Structures shall generally conform to the height, bulk, setback and landscape standards for the adjacent residential district except as is necessary to accommodate the specific structural and design requirements of parkinQ structures. The proposed interim ordinance details required standards that 3 largely mirror the underlying base district development standards. The land use policies have been further fine tuned since the Planning Commission's review, but the language accurately reflects the Commission's intent and action. The Commission also offered the following comments regarding the interim ordinance provisions: . Residential standards should be applied to parking structure developments on residentially-zoned properties that share a common lot line with a residential use. . Ingress and egress should be provided from a commercial lot rather than a residential lot, where feasible. . There must be enforcement mechanisms to ensure that lots developed with parking structures revert to residential use if the automobile dealership use ceases. . Architectural elements that are permitted to exceed the height limit (such as stair towers and mechanical units) should be oriented toward the commercial property. . Parking structure rooftop screening should prevent lighting from intruding onto residential properties. . Mechanical exhaust equipment should be directed toward the commercial side of the property to avoid discharge and noise intrusion towards residences. . Loading and unloading should occur on-site and not in residential streets. . Rooftop parking should be limited to inventory storage only to limit activity on the rooftop parking deck adjacent to residential uses. Staff has included language in the draft ordinance that supports these recommendations except regarding rooftop parking areas. Limiting rooftop levels to inventory storage only may unnecessarily restrict an automobile dealership from using the structure in the most efficient manner. It is believed that the proposed development and operational standards will adequately address concerns related to rooftop parking, whether used for inventory or other off-street parking needs. Language is included precluding the dealership from leasing parking space to other surrounding uses, such as restaurants and nightclubs. 4 ANAL YSIS General Plan Amendment The Land Use Element's Citywide Objective 1.2 aims to "ensure compatibility of adjacent land uses, with particular concern for protecting residential neighborhoods." Over the years, modern dealerships have outgrown the relatively shallow commercial strips that accommodated the early automobile dealerships, moving onto adjacent lots when possible, including some located in residential zones, and expanding inventory storage in other locations around the city. Many residents in the neighborhoods near Santa Monica and Wilshire Boulevards, with their own parking needs and desire to limit commercial intrusions in their neighborhoods, perceive dealerships as generally incompatible neighbors. Nevertheless, there is also recognition that these uses are established in their locations and provide important services to the community as well as substantial tax revenue that funds city services. Based on these factors, the City recognizes that new solutions must be found to resolve these conflicts by balancing the needs of both neighboring residents and dealers. The 1984 General Plan allows parking structures to be developed on lots zoned as "A" Off-Street Parking District (Policy 1.2.3). "A" Overlay Zones were established, but the Zoning Code narrowly implements the LUE policy, allowing only underground parking structures with surface landscaping, with limited exceptions for municipal parking structures. Similarly, underground parking structures with surface open space or residential uses are conditionally permitted in R2/R3 districts without an "A" overlay, consistent with Policy 1.2.2. No underground parking structures have been developed 5 on any of the residentially-zoned properties associated with automobile dealerships to date, regardless of "A" overlay status. 1.2 08.:JIC'lIVB: POLICIES 1.2.1 1.2.2 1.2.3 Ensure compatibility of adjacent land uses, with particular concern for: protectin\J residential nei.ghborhoods. Encourage residential mixed use of appropriate commercially zoned patcels, in orde!:" to prov ide a better transition between commercial and adjacent residential uses, to enhance security, and to increase hours of use in metropolitan areas. Surface parking lot.s zoned residential adjacent to hi9hway comm~rcial corridors when redeveloped, ahould be reserved for residential use or public open space on the surface (use for underground parkin9 is acceptable). This pOlicy shall not apply to lots zoned "AW Off-Street pa r (( tng Ois tr ict. Parking structures and underground parkin9 shall be permitted with site review on land zoned "An Off-Street Parking Dis~rice. Structures shall generally conform. to the height, bulk, setback, and landscape standards for the adjacent residential district and shall only be permitted if the facility will not adversely impact tbe adjacent residential net9hborhood. This policy shall not apply to "A- zoned lots adjacent to neiqhborhood commercial zones except for the WilShire Boulevard neighborhood commercial overlay zone. City of Santa Monica Land Use and Circulation Elements (page 84) If the Council allows parking structures to be approved through a discretionary process on R2/R3 automobile dealership properties with or without "A"-overlay designation, the policy would potentially affect approximately 11 parcels with "A" overlays and 19 parcels without overlay designation. These lots are used by approximately 16 different dealerships. Most of these are located along Santa Monica Boulevard, with some located on Wilshire Boulevard. 6 Based on the proposed revisions to Policies 1.2.2 and 1.2.3 (Attachment C), the proposed interim ordinance will be consistent with the City's General Plan. The proposed language states that existing Policy 1.2.2, which requires redeveloped residentially zoned surface parking lots be reserved for residential or public open space uses - does not apply to lots adjacent to automobile dealerships that are legally operated in conjunction with the dealership use as of September 28, 2004. Instead, those lots are governed by Policy 1.2.3, which would be modified to allow lots associated with automobile dealerships to be redeveloped with parking structures and underground parking for inventory storage and off-street parking uses that serve the associated automobile dealership only. The proposed language also specifically indicates that there must be special development and design standards for these structures that will apply instead of the multi-family residential design standards required in these districts. As detailed in the next section, the special development and design standards largely reflect the requirements of an underlying base district to ensure a development is generally consistent with the residential neighborhood in terms of height, setbacks and landscaping. Interim Ordinance Provisions The attached interim ordinance would modify a number of existing development standards for automobile dealerships in a variety of zoning districts and areas in the City. In addition, design and operational standards that would apply either to all parking structures or in some cases specifically to those on residential lots, and standard conditions of approval for a PSP and CUP are established. The Development Review 7 (DR) threshold is set at 7,500 square feet. The ordinance also includes provisions addressing temporary use of a property for automobile storage, use of vehicle-stacking equipment and accessory car rental in a dealership. Existing dealerships that choose to develop property consistent with the attached ordinance would have to comply with the proposed regulations, including standard PSP/CUP provisions. These standards would apply to all contiguous properties operated by the dealership, not just the new or expanded area. A dealership required to obtain discretionary approval, whether or not it maintains existing discretionary entitlements, would similarly be regulated_ Therefore, through a discretionary process, a dealership's hours of operations and other operational standards could be evaluated and conditioned as appropriate by the reviewing body. The following summarizes the contents and highlights changes within the proposed ordinance: Commercial Zones: The following changes apply to the expansion of existing automobile dealerships in the C6 District, and to new or expanded automobile dealerships in the C4 District: a. Floor Area Ratio (FAR): The maximum FAR on all lots would increase from 1.0 to 1.5, except that in the C6 District, the FAR would remain 2.0 on lots 7,500 square feet or less. b. Maximum Height: No change is proposed in the C6 District to the 45-foot height limit; however, to allow design flexibility, the limitation on the number of stories allowed for automobile dealerships within that envelope is removed. In the C4 zone, an increase of five feet is proposed, raising the limit to 35 feet and removing the limitation on the number of stories allowed within that envelope. 8 c. Setback: No change is proposed to the existing setbacks, which is based on building height and parcel width, when adjacent to a residential district. No setback however, is required on the commercial site if the adjacent residential parcel is used by the dealership. Other setbacks would apply if a development is proposed on residentially zoned parcel (below). d. Parking Structures and Rooftop Parking: Parking structures would be subject to the interim ordinance's Special Design Standards (below). Rooftop parking, currently not permitted if a property abuts a residential use, would be permitted subject to these standards. e. Approval Process: Currently, an automobile dealership may remodel or increase floor area through a Performance Standards Permit (PSP) if a proposed addition would result in an overall floor area increase of 10% or less, but not exceeding 5,000 square feet. The proposed ordinance would allow new dealerships or expansions of existing dealerships up to 7,500 square feet with a Performance Standards Permit, beyond this square foot threshold, a Conditional Use Permit (CUP) and Development Review (DR) permit would be required. f. Pedestrian Orientation/ARB Review: There are no changes proposed to current standards requiring pedestrian orientation or design review. Development standards that do not conflict with the interim ordinance would continue to apply. Residential and ParkinQ "A" Overlav Zones: Lots designated as Low and Medium Density Multiple Residential (R2, R3), with or without an Off-Street Parking ("An) Overlay that are contiguous with and currently used legally in conjunction with an existing automobile dealership may be developed as automobile storage and off street parking structures as follows: a. Maximum Height: I. R2 Zone: 23 feet, including the required parapet surrounding a rooftop parking level. ii. R3 Zone: 28 feet, including the required parapet surrounding a rooftop parking level. b. Setbacks: The interim ordinance maintains prevailing setbacks, with the exception of the commercial (dealership) adjacent side for which no setback is required. However, rather than designating front, side or rear yards, setbacks are determined in relation to the street side property line in order to ensure, even when lots are combined, that setbacks from property lines are consistent with adjacent residential buildings. i. Street side setback: 20 feet 9 II. Opposite street side setback: 15 feet (measured from the property line opposite the street adjacent property line - this setback may be measured from the centerline of the alley, if present) iii. Setback from property line adjacent to a residential use: 8 feet. c. Exemption from additional multi-family development standards: Due to the structural and spatial requirements for developing parking structures, it is proposed that required upper-level step backs and parcel coverage restrictions above the first floor intended to articulate residential structures would not apply to automobile dealership parking and storage facilities. d. Design standards and rooftop parking: As in the commercial zones, parking structures would be subject to the interim ordinance's Special Design Standards (below), some of which apply exclusively to residentially zoned properties. Rooftop parking would be permitted subject to these standards. e. Approval Process: A Conditional Use Permit (CUP) and Development Review (DR) permit shall be required for the development of an automobile storage facility or off-street parking structure associated with an adjacent dealership. f. landscaping: A minimum of 50% of the street side setback area must be landscaped. This standard was already required in the Off-Street Parking "A" Overlay Zone. g. Affordable Housing Impact Fee: A provision is included that provides flexibility to the City Council to establish by resolution a fee that would be imposed on parking structures developed on residential parcels without an "A" Overlay designation. This is intended to mitigate the impact of the loss of potential affordable housing development that could otherwise be provided. h. Use to revert to residential: Structures constructed under these provisions on residential parcels without an "A" Overlay designation shall be permitted to remain only in conjunction with an automobile dealership on the adjacent commercial lot. If the automobile dealership use is terminated, the parking structure shall be removed or incorporated into a residential project on the residential parcel(s) within three years. While it is unlikely that this requirement will ever apply during this interim period, the Council may want to consider what implications such a policy may have when permanent standards are established in the next couple of years. As an alternative to demolishing these structures, the Council may also want to consider the value of using these structures to address area parking concerns, or to support other commercial uses, other than automobile uses, if later abandoned. M1/LMSD Zones: a. M1 Zone Modifications: The proposed ordinance introduces automobile dealerships, currently not allowed, as an allowed use in the M1 District, subject to a Performance Standards Permit (PSP) for additions or new construction 10 under 7,500 square feet. A Conditional Use Permit (CUP) and Development Review (DR) would be required for projects 7,500 square feet or more. b. lMSD Zone: Automobile dealerships of inventory storage lots are currently governed by a CUP in this district. No changes are proposed to the existing entitlement process or development standards, except that semi-subterranean and subterranean floor area would be not counted toward the project FAR. The CUP standards as well as the special standards related to parking structures set forth in the proposed ordinance would also apply. Previously, Council expressed support for a staff proposal to allow a maximum FAR for automobile dealerships in the LMSD and M 1 Districts of 1.5, an increase over the general 1.0 FAR for the district. However, this standard was inadvertently left out of the EIR project description and, therefore, the impacts of this increased floor were not studied. For this reason, the draft interim ordinance does not include any modifications to the base district development standards. Staff will assess the proper level of environmental review and may propose a 1.5 FAR, with an addendum to the EIR, when the ordinance returns for extension within 60 days, if it is determined that such a change will not result in significant environmental impacts. If significant environmental impacts are anticipated, staff will return to the Council with options on how to proceed. Floor Area Ratio (FAR) calculation: In order minimize impacts on surrounding neighbors, better use of subterranean space is encouraged in the proposed interim ordinance by excluding all subterranean and semi-subterranean floor area from a 11 proposed automobile dealership project's FAR calculation. Currently, only subterranean area used for parking may be excluded from FAR calculations. This would apply to the C4, C6, M 1 and LMSD zones. Residential zones do not require FAR calculation. Special Oesh:m Standards: The following design standards would apply to all parking structures developed under the proposed ordinance: . Except for emergency-only pedestrian exits required by the Building Officer, parking structure walls facing property lines that are adjacent to a residential use must be solid. . Non-skid or other surface treatment on both floors and ramps of all parking structures is required to avoid tire squeal. . All lighting must be designed to prevent light and glare on residential properties_ . If a structure includes rooftop parking, a six-foot parapet on the side(s) adjacent to a residential use is required. Parapets must be constructed of a material with a surface density of minimum 4 pounds per square foot. Although previous Council and Commission discussions focused on an eight-foot parapet requirement, staff has consulted a noise expert, City Building & Safety staff and the City's urban designer, and now recommends that a six-foot parapet would sufficiently mitigate noise and would be preferable from an aesthetic perspective as well. · To reduce noise and minimize air quality impacts, exhaust vents and other mechanical equipment must be located on the commercial sides of parking structures and away from residential uses as much as feasible. . Floor area for parking and vehicle storage shall not be included in the calculation of required refuse and recycling storage area. . Tandem parking for inventory or employee parking is permitted. . Loading and unloading of inventory shall not be permitted in roadway areas. All diesel trucks serving the dealership in any capacity shall be in compliance with California State Law limiting diesel-fueled commercial vehicle idling. In addition, parking structures developed on residential properties would need to comply with the following design standards: . Access shall be from the commercial lot only unless the Planning Commission determines that such access is precluded by existing commercial development. 12 In such cases, the alternative location would be the one determined to have the least impact on adjacent residential uses. · At least 10% of the parking spaces within a structure shall be maintained and sign-posted for employee parking, unless the Planning Commission determines that sufficient parking is otherwise provided either on-site or at an acceptable off- site location. · If the structure is developed in conjunction with development on adjacent commercial lots, the project shall be designed so that building mass increases toward the commercial street and architectural elements that are permitted to exceed the height limit are located further away from adjacent residential uses. · Subterranean parking levels may encroach into required yards consistent with existing regulations. · A minimum landscaped buffer of at least five-feet in width shall be required along the side adjacent to a residential use. When considering an individual project, the Planning Commission may waive any part of this requirement with agreement by the owner and/or residents of the adjacent residential property. · Required yards and setback area from the street must include 50% landscaping, similar to current landscaping requirements. · Car alarms on inventory stored in parking structures located on residential structures shall be disengaged. Council had requested that staff consider options for solar panel installation at automobile dealerships. The Zoning Code already generally permits solar panels, and solar energy design standards are provided in SMMC 9.04.10.02.220. Although solar energy development advances City goals to become a more sustainable community, staff has not proposed any additional requirements that would apply exclusively to automobile dealerships within this interim ordinance. Staff proposes instead to look at requirements for commercial uses to incorporate solar energy and other green building practices more comprehensively in the upcoming Land Use Element and Zoning Ordinance revision. 13 PSP/CUP Conditions The current Code contains two sections with almost identical conditions for automobile dealerships applicable to either PSPs or CUPs. For ease of administration and clarity, it is proposed to include in one section of the interim ordinance all the conditions, applicable to both permit types, for automobile dealership projects in all zones. Most of these conditions remain the same, but the following changes are proposed: · In "Parking and Vehicle Storage," the incentive allowing the FAR of the vehicle rooftop storage area to be discounted by 50% would be removed. This provision has the effect of creating an incentive for rooftop storage rather than parking, which is inconsistent with the interim ordinance's overall goal to create flexible space that allows either storage or employee or customer parking and removes the need to monitor which space is used, provided that the number of required parking spaces is maintained. Furthermore, the ordinance is designed to create incentives to provide subterranean levels for inventory and parking, and this area is now excluded from FAR. · Language that allows a complex calculation for FAR when substituting uses below and above grade has been removed since subterranean floors are no longer included in the FAR calculation. · All references to the Traffic Engineer have been changed to refer to the Transportation Management Division to reflect current City staff structure. · Vehicle loading and unloading in the public right of way will not be permitted for dealerships receiving permits under the proposed ordinance. Instead, proposed development must either include an on-site loading/unloading area or the Transportation Management Division may approve the activity at an alternative off-street location from which cars may be individually delivered to the dealership. Approved plans will remain on file and TMD must approve any changes to them. · All dealerships, existing and developed under the ordinance, will henceforth be required to submit letters annually in June affirming compliance with their TMD- approved test driving, vehicle loading/unloading plans and alley traffic-control plans where applicable. This will help Code Compliance to monitor dealership compliance with plans, particularly when there is an ownership change and subsequent confusion about restrictions on these activities. · Vehicle Stacking Equipment: Currently the Code does not include language to address the use of vehicle-stacking equipment. It is proposed to allow vehicle- stacking equipment within dealership structures for employee parking and inventory in all zones where permitted. Facilities on surface lots would require screening with an eight-foot tall solid masonry wall. Proposed language clarifies that inventory and employee parking uses must not be vertically mixed and that 14 upper level "lift" parking is clearly additional and not to be used towards any required allocation of spaces. The required screening wall shall be set back from the property line to include a landscaped buffer of at least two feet in width. If requested by the adjacent residential property owner and/or residents, the Planning Commission may reduce the wall height requirement to a minimum of six feet and may reduce or waive the landscaped setback area. All facilities shall comply with the City's Noise Ordinance. Accessory Automobile Rental Aaencv ReQuirements: Language adopted within the last few years that governs rental car operations within dealerships is included in the ordinance without change for ease of administration of the new interim standards. Temporary Use Permits (TUP): The proposed standards authorize the City Planning Division to approve TUPs for the following circumstances: a. Short-term automobile storage for up to three months. A dealership may receive a TUP for a specific location for a maximum of three months annually. This time period is based on automobile dealer input earlier in the process of developing this ordinance in which they requested the TUP for certain annual events, such as before Memorial Day Labor Day, or the year end, when typically the manufacturers require that they take additional inventory. Three months is sufficient time to accommodate overflow inventory at these times. b. In conjunction with issuance of a building permit for an approved new facility, temporary relocation of an automobile dealership for up to one year. Temporary facilities may only include repair functions in M1/LMSD zones, not adjacent to residential parcels. One extension to this permit could be approved for up to six months. Currently, the Code does not list these uses as eligible for obtaining a TUP for these lengths of time. Throughout this process, the automobile dealerships have requested longer terms for inventory storage TUPs. Longer terms are inconsistent with the short-term use of these permits and may serve as a disincentive to redevelop commercial or residential properties consistent with this ordinance, which seeks to balance greater protections to residents and meet dealership needs. 15 However, if the Council is interested in expanding the term parameters of a TUP, it can be accomplished by expanding the maximum length of time permitted for an individual TUP or allow more than one such permit annually at a location. Miaration of Automobile-Related Uses in the lMSD and M1 Districts: The City Council expressed interest in receiving information related to automobile uses moving into these districts. Since the Council's last discussion on the matter one year ago, there has been no increase in automobile related activity in the LMSD or M 1 Districts. Staff will report annually on this issue if directed by Council to do so. Public Comments Throughout the multi-year process of considering proposed revisions for automobile dealerships, staff has notified and met with owners and representatives of automobile dealerships and neighbors in the surrounding area to get their perspectives on automobile dealership adjacency issues and conflicts and to discuss possible solutions. Twenty-three written comments received after the Council's September hearing on the proposed standards are included in Attachment F. Letters from surrounding neighbors attest to continued objection to any increase in development standards and particularly to the General Plan amendment that would allow development of parking structures on residentially-zoned properties. Comments from the Santa Monica Auto Dealers Association are generally supportive of proposed amendments and request additional modifications that staff has not supported, such as allowing storage lots in the Broadway Commercial District (BCD) to 16 be used for employee parking and to allow more flexibility in the use of existing surface parking lots located in residential districts. Staff finds the BCD proposal to be inconsistent with the district's objectives to establish a pedestrian-oriented mixed-use zone. Likewise, permitting existing residential surface parking lots for inventory storage or other purposes is not recommended because it is likely to result in a loss of employee and/or customer parking in some cases, resulting in further intrusion into the neighborhood. This approval would weaken the incentive to construct parking structures that would offer residents protection from noise, light and glare that impact the adjacent neighborhood. The Auto Dealers Association further believes that a permit process should be established to allow inventory parking on existing surface parking lots in the BCD, C4, LMSD, and M1 and other commercial zones to address dealer's short-term need for increased inventory parking capacity. However, allowing this additional flexibility could serve as a disincentive to utilizing the interim ordinance provisions designed to address dealer needs and neighborhood concerns. These provisions include the ability to construct parking structures in residential districts, allowing automobile dealerships in the M1 District, and excluding (semi) subterranean areas from FAR calculations. Finally, the Auto Dealer Association believes that the 35 foot height limit and 1.5 FAR allowed for automobile dealerships in the C4 District should similarly apply to dealerships located in the LMSD and M1 Districts. However, the purpose of the height limitation is to ensure district compatibility. These districts are characterized by larger and lower profile buildings; new automobile dealerships should be designed in a consistent manner. Regarding increased FAR to 1.5 instead of the existing 1.0, as previously mentioned, 17 staff will return to the Council to further discuss this issue as it applies to the LMSD and M1 Districts following additional environmental review. CEQA STATUS An Environmental Impact Report (EIR) has been prepared for this project in accordance with Section 15087 of the CEQA Guidelines. A Notice of Preparation (NOP) was filed with the California Office of Planning and Research and distributed to involved public agencies and interested parties for a 45-day public review period which concluded on March 24, 2005. A Scoping Meeting, pursuant to CEQA Guidelines 15082(c)(1) and 15206(b)(1), was held on March 14,2005, and attended by 13 members of the public. Copies of the Draft EIR were made available on May 13, 2005 for a public review period, which closed on June 27,2005. Five comments were received. Responses to these comments have been incorporated into the Final EIR. The Program EIR addresses potential environmental effects of the proposed policy changes. As such, it evaluates potential impacts that individual projects might have, but does not analyze specific situations. Analysis of projects proposed subsequent to this EIR may rely on this document to scope out issues that are deemed less than significant and to mitigate impacts pursuant to mitigation measures that are identified. All other issues must be reviewed and separately analyzed. Individual projects may require a (Mitigated) Negative Declaration or Focused EIR. 18 The scope of the EIR includes environmental issues determined to be potentially significant by the Initial Study. A Notice of Preparation (NOP) and responses to it are also included. In accordance with Section 15128 (Effects Not Found to be Significant) of the CEQA Guidelines, the IS/NOP provided reasons why the following environmental impacts were not considered significant and, therefore, are not addressed further in this EIR: Geology and Soils Utilities/Service Systems Hazards and Hazardous Materials Air Quality Biological Resources Mineral Resources Hydrology and Water Quality Economic and Social Impacts Public Services (schools and parks) Cultural Resources Land Use and Planning Population and Housing Recreation Agricultural Resources Construction Effects Aesthetics The IS/NOP identified potentially significant impacts in the following issue areas associated with the proposed regulations, which are addressed in detail in the EIR: Transportation/Circulation and Parking Noise Shadows Mandatory Findings of Significance (Cumulative Effects) Neighborhood Effects The EIR analyzed the issues referenced above and identified potentially significant environmental impacts, in accordance with the provisions set forth in the CEQA Guidelines. The EIR recommends mitigation measures where feasible. Significant impacts that can be mitigated were found in the areas of Noise and Shadows. The 19 recommended mitigation measures will reduce those impacts to less than significant levels. The EIR concluded that one Noise impact and three TransportationlTraffic impacts might occur in some locations based on a model that assumed maximum build-out of potential projects, finding that additional trips cannot be mitigated due to secondary environmental impacts and physical site limitations; traffic noise may exceed acceptable levels near noise sensitive uses. At the Program EIR level, these impacts are unavoidably significant, particularly due to the need for site-specific information. At a project level, if noise impacts are determined, two mitigation measures that could be required include repaving nearby road areas with rubberized asphalt, a material that the City is already phasing into street re-surfacing, and implementing a truck noise reduction program. The adequacy of these measures or others in reducing noise impacts to a level that is less than significant for that particular project will be determined and these impacts may be reduced to Class II: Significant but Mitigable. The EIR also found that the new regulations "could result in new auto dealership development that could generate new traffic... and could exceed the City of Santa Monica significance criteria ... at 18 intersections that are projected to have poor (LOS E or F) operating conditions. Increased vehicular delays could occur. It is unlikely, however, that feasible mitigation measures exist to reduce traffic impacts at all intersections that could experience increased traffic delays; impacts would remain significant and unavoidable after mitigation." The EIR noted that anticipated traffic 20 increase would likely be off-set by some reduction in trips to and from off-site storage lots as on-site inventory capacity increases. Furthermore, the EIR found that the proposed interim ordinance provisions "could result in new auto dealership development that generates increased traffic at Congestion Management Plan (CMP) facilities and exceeds CMP significance criteria." Occurrence of traffic-related impacts would depend on an expanding automobile dealership's specific location and the amount of proposed development. Based on the City's thresholds for significance, a project's impacts may be immitigable. A chart summarizing impacts and listing the recommended mitigation measures IS provided in Table ES-1, in the Executive Summary section of the EIR (Attachment H). Statement of Overriding Considerations Examination of the EIR project alternatives did not identify an environmentally superior alternative that would achieve the project objectives. However, the proposed interim ordinance was found to have some significant and unavoidable impacts. Therefore, prior to adopting the proposed General Plan Amendment and Interim Ordinance, a Statement of Overriding Considerations is required to justify approval based on a determination that the project's public benefits outweigh its potentially unavoidable environmental impacts. 21 The project provides a number of public benefits. Principally these benefits would derive from improved automobile dealership facilities both in terms of economic development objectives and neighborhood compatibility objectives. In regard to proposed development on commercially zoned properties, projects approved under the proposed regulations would introduce more modern facilities of higher architectural design that better accommodate today's dealerships and allow them to remain competitive in the changing market. These businesses would continue to provide important City tax revenue. Additionally, with the incentive offered by the new standards, better pedestrian-orientation and operational requirements would be provided, benefiting the surrounding community. Furthermore, the new facilities would alleviate use of valuable land resources for off-site inventory storage lots from which numerous additional trips are made. The same considerations may be applied to impacts identified in connection with the proposed use of R2/R3 properties. While the affected R2/R3 parcels have been continuously zoned for residential use, they are now integral land resources for automobile dealership operations and are unlikely to return to residential use. Under previous Code provisions that allowed the dealerships to use residentially-zoned lots, the City did not impose development standards for neighborhood protection, with the result that existing surface lots do not meet the standards that would be expected today. Subsequent regulations have frozen this situation in place by not permitting dealerships to enact any activity changes on their R-zoned properties. Although the EIR concluded that some potential traffic and noise impacts are unavoidable when analyzed at a 22 programmatic level, creating a regulatory environment that fosters solutions to the dealerships' needs while also addressing neighborhood impacts would provide benefits as described above. These benefits would outweigh the potential impacts deemed unavoidable in the EIR. Attachment B contains the proposed Statement of Overriding Considerations (SOC). PUBLIC NOTIFICATION Pursuant to Municipal Code Section 9.04.20.22 and consistent with CEQA requirements, staff notified a mailing list representing residents and property owners that live within 500 feet of an existing dealership as well as individuals who have commented on the processes and/or asked to be included in the mailing list. In addition, a notice was published in the California Section of The Los Angeles Times at least ten consecutive calendar days prior to the hearing. A copy of the hearing notice is contained in Attachment G. BUDGET/FINANCIAL IMPACT The recommendation presented in this report does not have any direct budget or fiscal impact. Regulations proposed herein may result in development of projects that might result in additional tax revenues. 23 RECOMMENDATION It is recommended that the Council take the following actions: 1. Adopt the attached Resolution to certify the Environmental Impact Report, 2. Adopt the attached Resolution to approve a Statement of Overriding Considerations based on the project's public benefits; 3. Adopt the attached Resolution to amend the Land Use Element of the General Plan, modifying Policies 1.2.2 and 1.2.3, based on the attached findings. 4. Introduce for First Reading an Interim Ordinance modifying regulations related to automobile dealership uses. Prepared by: Andy Agle, Interim Director Amanda Schachter, Planning Manager Jonathan Lait, AICP, Principal Planner Elizabeth Bar-EI, AICP, Senior Planner City Planning Division Planning and Community Development Department Attachments: A. Resolution Certifying the Final Program Environmental Impact Report B. Resolution Adopting a Statement of Overriding Considerations C. Resolution to Adopt the General Plan Land Use Element Amendment D. Draft Interim Ordinance E. Current Zoning District and Automobile Dealership Standards: SMMC 9.04.08.06, 9.04.08.14, 9.04.08.22, 9.04.08.26, 9.04.08.34, 9.04.08.35, 9.04.12.040,9.04.14.060 F. Public Comments received since September 2004 G. Notice of Public Hearing H. Environmental Impact Report 24 Attachments A through C, and E through H are not available electronically. Available for review at the City Clerk's Office. Attachment D - Draft Interim Ordinance- follows.. . ATTACHMENT 0 Draft Interim Ordinance F :\atty\muni\laws\barry\autodealersinterimord2 City Council Meeting 10-25-05 Santa Monica, California ORDINANCE NUMBER (CCS) (City Council Series) AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MODIFYING ZONING REGULATIONS PERTAINING TO AUTOMOBILE DEALERSHIPS, ASSOCIATED AUTOMOBILE PARKING STRUCTURES AND AUTOMOBILE STORAGE LOTS, INCLUDING ALLOWING DEVELOPMENT OF AUTOMOBILE PARKING STRUCTURES AND AUTOMOBILE STORAGE FACILITIES ASSOCIATED WITH AN ADJACENT DEALERSHIP ON CERTAIN RESIDENTIALLY ZONED SITES, ESTABLISHING DEVELOPMENT STANDARDS, DESIGN STANDARDS, REVIEW PROCESSES AND OPERATIONAL STANDARDS, AUTHORIZING AUTOMOBILE DEALERSHIPS IN THE M1 DISTRICT, ADJUSTING THE F.A.R. CALCULATION METHODOLOGY, AND MODIFYING THE TEMPORARY USE PERMIT PROVISIONS FOR DEALERSHIPS THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Findings and Purpose. The Council finds and declares: (a) Auto dealerships have a long history in the City, dating back as early as the 1920's with the establishment of Claude Short Dodge and W.1. Simonson Mercedes. (b) By the 1950's and 1960's, a significant number of dealerships were located in the City, with most of the dealerships concentrated along a stretch of Santa Monica Boulevard between 9th Street and the City's east boundary. 1 (c) Some Santa Monica dealerships pre-date the residential development that now surrounds them, while others pre-date the intensity of that development. (d) The higher density residential development and increasing pressure on dealerships with relatively small land areas has intensified the conflict between surrounding residents and the auto dealerships. (e) The City has received regular complaints regarding dealership operations specifically with regard to the use of alleys, noise, lighting, glare, off-loading inventory, test driving, repair work and customers and employees parking on residential streets. (f) The overall parking shortage in the vicinity of auto dealerships has given rise to conflicts over the use of street parking, resulting in the creation of many permit- parking zones in the residential streets adjacent to Santa Monica Boulevard. (g) Auto dealerships have similarly been dissatisfied with the development potential for expansion in their existing locations or in the nearby vicinity. (h) In February 2001, a group of dealerships presented the City with a study prepared by the consulting firm of HR&A which outlined the dealers' concerns with the existing Zoning regulations and made specific recommendations for amending the current standards and imposing operational requirements applicable to existing dealerships. (i) Recognizing the econornic importance to the City of retaining these businesses, the City Council directed the Planning Division to study the auto dealers' concerns and the conflicts with neighboring residential uses. 2 U) The City hired the consultant team of Cotton/Bridges/Associates, Moore, lasofano Goltsman, Inc, and Economics Research Associates to review the HR&A study, evaluate the issues involved and recommend proposals for amending the City's regulatory scheme. (k) During a six month period, City staff aided by the consultant team held numerous neighborhood community meetings, met with the owners of auto dealerships, and analyzed the data provided in the HR&A report. (I) On April 21, June 2, and June 16, 2004, the Planning Commission conducted a study session to review and comment on recommendations regarding changes to the Zoning Code regulations pertaining to auto dealerships in commercial and industrial zones in the City, as well as residential zones with Parking Overlay ("A) designations. (m) On September 28, 2004, the City Council considered the Planning Commission and staff recommendations regarding changes to the Zoning Code regulations for auto dealerships. At the conclusion of this hearing, the City Council directed staff to return with a proposed interim ordinance for its consideration. (n) On July 6, 2005, the Planning Commission initiated the process to amend the City's General Plan Land Use Element to modify certain policies governing parking structures on parcels zoned for low and medium-density housing. (0) On July 20,2005, the Planning Commission held a public hearing to consider this proposed amendment and has forwarded its recommendations to the City Council. 3 (p) The City Council held a public hearing on this proposed interim ordinance on October 25, 2005. (q) In accordance with the City Council's direction, this proposed interim ordinance would modify regulations pertaining to automobile dealerships, associated parking structures, and automobile storage facilities, including allowing development of parking structures on parcels zoned for low and medium-density housing that are adjacent to existing dealerships and are lawfully used by them currently, modifying the existing development standards for automobile dealerships in the C4, C6, and LMSD Zoning Districts, authorizing automobile dealerships in the M1 Zoning District subject to a Performance Standards Permit or Development Review depending on the project size, and modifying certain operational standards and review processes. (r) As detailed above, the existing regulations relating to automobile dealerships pose a current and immediate threat to the public health, safety, and welfare of the residents and auto dealerships. For these reasons, the Zoning Ordinance requires review and revision as it pertains to the appropriate standards that should govern these dealerships. (s) Pending completion of this review and revision, which will occur as part of the Land Use Element/Zoning Ordinance update, in order to protect the public health, safety, and welfare, it is necessary on an interim basis to modify certain zoning standards pertaining to automobile dealerships, automobile storage lots, and automobile centers, including allowing development of parking structures on parcels zoned for low and medium-density housing that are adjacent to existing dealerships and are lawfully used by them currently, modifying the existing development standards, 4 design standards, review processes, and operational standards, authorizing automobile sales in the M1 Zoning District subject to a Performance Standards Permit or Development Review depending on the project size, and modifying the temporary use permits provisions for automobile dealerships. (t) Consequently, this Interim Ordinance establishes property development standards governing automobile dealerships, automobile dealership employee/customer off-street parking structures (hereinafter referred to as "parking structures"), and automobile storage lots (as defined in Santa Monica Municipal Code Section 9.04.02.030.085, which may be a surface lot or a structure) for specified zoning districts as follows: SECTION 2. C4 Commercial Zone: New automobile dealerships and the indoor or outdoor expansion of existing automobile dealerships shall be allowed in the C4 Highway Commercial District subject to the following property development standards: (a) Maximum FAR: The maximum Floor-Area-Ratio (FAR) on all lots shall be 1.5. For purposes of calculating FAR, all semi-subterranean and subterranean floor area shall be excluded. (b) Maximum Building Height: 35 feet, except that for parcels fronting on Lincoln Boulevard north of the Santa Monica Freeway, the maximum height shall not exceed 45 feet. There shall be no limit on the number of stories provided that the height does not exceed the maximum number of feet permitted by this subsection (b). 5 (c) Rear Yard Setback: None, except: (1) Where the rear parcel line abuts a residential district, a rear yard equal to: 5' + (stories X lot width) 50' The required rear yard may be used for parking or loading to within five feet of the rear parcel line provided the parking or loading does not extend above the first floor level and provided that a wall not less than five feet or more than six feet in height is erected and maintained along the rear commercial parcel line. Access driveways shall be permitted to perpendicularly cross the required rear yard provided the driveway complies with access requirements in Santa Monica Municipal Code Section 9.04.10.08.090 and does not exceed the minimum width permitted for the parking area. A required rear yard shall not be used for commercial purposes. (2) To the extent needed to accommodate landscaping and screening for a rear yard buffer required pursuant to Santa Monica Municipal Code Part 9.04.10.04. (3) The exception specified in this subsection (c) shall not apply when the adjacent residential parcel is used by the automobile dealership. (d) Side Yard Setback: None, except: (1) Where the interior side parcel line abuts a residential district, an interior side yard equal to: 5' + (stories X lot width) 50' 6 The interior side yard may be used for parking or loading to within five feet to the interior side property line provided the parking or loading does not extend above the first floor level and provided a wall not less than five feet or more than six feet in height is erected and maintained along the side commercial parcel line. A required interior side yard shall not be used for vehide access or for commercial purposes. (2) To the extent needed to accommodate landscaping required for a street side yard, landscape buffer and screening pursuant to Santa Monica Municipal Code Part 9.04.10.04. (3) The exception specified in this subsection (d) shall not apply when the adjacent residential parcel is used by the automobile dealership. (e) Rooftop Parkina: Rooftop parking is permitted subject to the special standards set forth in Section 6. (t) Desion and Operational Standards. Parking structures and automobile storage lots adjacent to and associated with an automobile dealership constructed under these provisions shall be subject to the design and operational standards set forth in Section 6. (g) Other Property Development Standards: All other property development standards set forth in Santa Monica Municipal Code Section 9.04.08.22.060 shall apply except to the extent they are inconsistent with the standards set forth in this Section 2. (h) Approval Process: A floor area expansion to or establishment of a new automobile dealership, automobile center, or automobile storage lot, indoor or outdoor, shall be subject to a Performance Standards Permit (PSP) if the new use or added floor 7 area is less than 7,500 square feet of floor area. A Conditional Use Permit (CUP) and a Development Review (DR) Permit shall be required if the new use or added floor area are 7,500 square feet or greater in floor area. The PSP and the CUP shall be subject to the standards set forth in Section 7. The DR Permit shall be subject to Santa Monica Municipal Code Part 9.04.20.14. (i) Pedestrian Orientation: Ground floor street frontage of each structure shall be designed with pedestrian orientation in accordance with Santa Monica Municipal Code Section 9.04.10.02.440. 0) ARB Review: All new construction, new additions to existing buildings and any other exterior improvements that require issuance of a building permit shall be subject to architectural review pursuant to the provisions of Santa Monica Municipal Code Chapter 9.32. SECTION 3. C6 Commercial Zone. The indoor or outdoor expansion of existing automobile dealerships shall be allowed in the C6 Boulevard Commercial District subject to the following property development standards: (a) Maximum FAR: The maximum Floor-Area-Ratio (FAR) on all lots shall be 1.5, except the maximum FAR shall be 2.0 on lots 7,500 square feet or less. For purposes of calculating FAR, all subterranean and semi-subterranean floor area shall be excluded. 8 (b) Maximum BuildinQ Height: 45 feet. However, there shall be no limit on the number of stories provided that the height does not exceed the maximum number of feet permitted by this subsection (b). (c) Rear Yard Setback: None, except: (1) Where the rear parcel line abuts a residential district, a rear yard equal to: 5' + (stories X lot width) 50' The required rear yard may be used for parking or loading to within five feet of the rear parcel line provided the parking or loading does not extend above the first floor level and provided that a wall not less than five feet or more than six feet in height is erected and maintained along the rear commercial parcel line. Access driveways shall be permitted to cross perpendicularly the required rear yard provided the driveway does not exceed the minimum width permitted for the parking area. A required rear yard shall not be used for commercial purposes. (2) To the extent needed to accommodate landscaping and screening for a rear yard buffer required pursuant to Santa Monica Municipal Code Part 9.04.10.04. (3) The exception specified in this subsection (c) shall not apply when the adjacent residential parcel is used by the automobile dealership. (d) Side Yard Setback: None, except: (1) Where the interior side parcel line abuts a residential district, an interior side yard equal to: 5' + (stories X lot width) 50' 9 The interior side yard may be used for parking or loading to within five feet to the interior side property line provided the parking or loading does not extend above the first floor level and provided a wall not less than five feet or more than six feet is erected and maintained along the side commercial parcel line. A required interior side yard shall not be used for vehicle access or for commercial purposes. (2) To the extent needed to accommodate landscaping required for a street side yard, landscape buffer and screening pursuant to Santa Monica Municipal Code Part 9.04.10.04. (3) The exception specified in this subsection (d) shall not apply when the adjacent residential parcel is used by the automobile dealership. (e) Rooftop ParkinQ: Rooftop parking is permitted on all parcels subject to the special standards set forth in Section 6. (t) Desion .and Operational Standards. Parking structures and automobile storage lots adjacent to and associated with an automobile dealership constructed under these provisions shall be subject to the design and operational standards set forth in Section 6. (g) Other Property Development Standards: All other property development standards set forth in Santa Monica Municipal Code Section 9.04.08.26.060 shall apply except to the extent they are inconsistent with the standards set forth in this Section 3. (h) Approval Process: A floor area expansion to an existing automobile dealership shall be subject to a Performance Standards Permit (PSP) if the additional 10 floor area is less than 7,500 square feet of floor area. A Conditional Use Permit (CUP) and Development Review (DR) Permit shall be required if the addition is 7,500 square feet or greater in floor area. The PSP and the CUP shall be subject to the standards set forth in Section 7. The DR Permit shall be subject to Part 9.04.20.14 (i) Pedestrian Orientation: Ground floor street frontage of each structure shall be designed with pedestrian orientation in accordance with Santa Monica Municipal Code Section 9.04.10.02.440. (j) ARB Review: All new construction, new additions to existing buildings and any other exterior improvements that require issuance of a building permit shall be subject to architectural review pursuant to the provisions of Santa Monica Municipal Code Chapter 9.32. SECTION 4. Residential and "A" Off-Street Parking Overlav Zones: Lots designated ("An) Off-Street Parking Overlay District, Low Density Multiple-Family Residential District (R2), or Medium Density Multiple Family Residential District (R3) that are contiguous to and were used legally in conjunction with an automobile dealership in operation on September 28, 2004, which automobile dealership uses have not subsequently been abandoned, may be developed as an automobile storage structure or parking structure provided these uses are operated in conjunction with an automobile dealership on the associated and adjacent commercial lot and the development is undertaken pursuant to the following standards: (a) Maximum Parcel Coverage: 50% of residential parcel area. 11 (b) Maximum Buildino Heioht: (1) R2 Zone: 23 feet, including parapets required by subsection (a)(4) of Section 6. (2) R3 Zone: 28 feet, including parapets required by subsection (a)(4) of Section 6. (c) Setbacks: (1) A minimum 20 foot setback from the property line adjacent to a public street. (2) A minimum 15 foot setback shall be provided from the property line opposite the street facing property line. Where an alley is present, this distance may be measured from the alley centerline. (3) Except when subsection (c)(2) of this Section applies, a minimum 8 foot setback shall be provided between any above grade structure and a property line that is shared with an adjacent residential property that is not used as part of an automobile dealership. (d) Prohibited Uses. No portion of a residentially zoned parcel may be used for auto repair work, rental car use, automobile washing, outdoor display of vehicles, commercial signage, storage tanks, inventory storage on surface lots, or any other use not specifically identified in this Section 4. (e) Rooftop ParkinQ: Rooftop parking is permitted subject to the special standards set forth in Section 6. 12 (f) Exemption from additional multi-familv development standards: Except as set forth or modified herein, the property development standards of Santa Monica Municipal Code Section 9.04.08.06.060 and Santa Monica Municipal Code Section 9.04.08.06.070 shall not apply in order to accommodate the specific structural and design requirements of parking and storage structures. (g) Approval Process: A Conditional Use Permit (CUP) and Development Review (DR) Permit shall be required for the development of any parking structure or automobile storage lot. The CUP shall be subject to the standards set forth in Section 7. The DR Permit shall be subject to Santa Monica Municipal Code Part 9.04.20.14. (h) ARB Review: All new construction, new additions to existing buildings and any other exterior improvements that require issuance of a building permit shall be subject to architectural review pursuant to the provisions of Chapter 9.32 of this Chapter. (i) Desion ~nd Operational Standards. Parking structures constructed under these provisions shall be subject to the design and operational standards set forth in Section 6. 0) Use to revert to residential: Structures constructed under these provisions on residential parcels without an "A" Off-street Parking Overlay designation shall be permitted to remain only when operated in conjunction with an automobile dealership on the adjacent commercial lot. If the automobile dealership use is terminated, the parking structure shall be removed or incorporated into a residential project on the residential parcel(s) within 3 years. 13 (k) Housing Impact Fee: Parking structures and automobile storage lots constructed on parcels designated as Low Density Multiple-Family Residential (R2) and Medium Density Multiple Family Residential (R3), without an "A" Off-Street Parking Overlay designation, may be subject to an Affordable Housing Fee established by resolution of the City Council to mitigate the impact of the loss of the potential development of affordable housing on these sites. SECTION 5. M 1 and LMSD Zones: Automobile dealerships, automobile storage lots, and parking structures shall be allowed in the M1 Industrial Conservation District and the LMSD Light Manufacturing and Studio District subject to the following property development standards: (a) FAR: For purposes of calculating FAR, all subterranean and semi- subterranean floor area shall be excluded. (b) Property Development Standards: Except as modified in this Section 5, all property development standards set forth in Santa Monica Municipal Code Section 9.04.08.34.060 shall apply to the uses authorized by this Section that are located in the M1 District and all development standards set forth in Santa Monica Municipal Code Section 9.04.08.35.050 shall apply to the uses authorized by this Section that are located in the LMSD District. (c) Desion and Operational Standards. Parking structures constructed under these provisions shall be subject to the special standards set forth in Section 6. 14 (d) M1 Approval Process: The uses authorized by this Section may be permitted in the M1 zone subject to the approval of a Performance Standards Permit (PSP) if a new development or expansion to an existing development is less than 7,500 square feet in floor area. The uses authorized by this Section may be permitted in this zone subject to the approval of a Conditional Use Permit (CUP) and a Development Review (DR) Permit if the new development or expansion to an existing development is 7,500 square feet or more in floor area. The PSP and the CUP shall be subject to the standards set forth in Section 7. The DR Permit shall be subject to Santa Monica Municipal Code Part 9.04.20.14. (e) LMSD Approval Process: The uses authorized by this Section may be permitted in the LMSD zone subject to the approval of a Conditional Use Permit (CUP) in accordance with the standards set forth in Section 7. If the new development or expansion to an existing development is 7,500 square feet or more in floor area, a Development Review (DR) Permit shall also be required in accordance with Santa Monica Municipal Code Part 9.04.20.14. (f) ARB Review: All new construction, new additions to existing buildings and any other exterior improvements that require issuance of a building permit shall be subject to architectural review pursuant to the provisions of Santa Monica Municipal Code Chapter 9.32. SECTION 6. Special Standards for Parking Structures and Automobile Storage Lots. Parking structures and automobile storage lots, associated with or without an 15 automobile dealership, shall comply with the following special project design and operational standards: (a) Desion Standards: (1) Except for emergency-only pedestrian exists required by the Building Officer, parking structure walls facing property lines that are adjacent to a residential use shall be solid and decorative subject to the approval of the ARB. Openings may be permitted adjacent to a public street or commercially zoned property. (2) Non-skid or other similar surface treatment on both floors and ramps of the parking structure shall be required to prevent tire squeals. This material shall be subject to the review and approval of the Director of Planning and Community Development. (3) Light sources shall be designed to contain direct and diffuse lighting and glare on the subject property. (4) Rooftop parking on parcels that directly abut or are separated by an alley from a residential district is only permitted if the parking structure provides a 6 foot parapet on the side of the parking structure closest to the residential district. This parapet shall be solid and have a surface density of 4 pounds per square foot. (5) In order to minimize noise and air impacts, exhaust vents and other mechanical equipment associated with a parking structure shall be located as far from residential uses as feasible consistent with the Technical Code. (6) Floor area dedicated to employee and customer parking and vehicle storage shall not apply to refuse and recycling requirements in Santa Monica Municipal Code Section 9.04.10.02.150 and Section 9.04.10.02.151 unless otherwise required by the 16 Director of Environmental and Public Works Management or his/her designee in order to protect the public health, safety, and general welfare. (7) Parking structures developed in lots designated Parking ("An) Overlay, Low Density Multiple-Family Residential (R2), or Medium Density Multiple Family Residential (R3) shall also comply with the following additional requirements: (A) Ingress and egress shall be from the adjacent commercial lot. The Planning Commission may approve an alternative access plan that minimizes impacts to adjacent residential uses if it determines that access from the commercial lot is precluded by existing commercial development. (B) At least 10% of the parking spaces within a structure shall be maintained and designated for employee parking only, unless the Planning Commission determines based on an employee parking demand analysis that sufficient parking is otherwise provided either on-site or at an acceptable off-site location. (C) If the structure is developed in conjunction with development on adjacent commercial lots, the project shall be designed so that building mass increases toward the commercial street and architectural elements that are permitted to exceed height limits are located away from adjacent residential uses to the greatest extent feasible. (D) Notwithstanding Santa Monica Municipal Code Section 9.04.10.02.170, a four foot unexcavated area shall be provided along the entire length of a property line shared by an automobile dealership and an adjacent residentially zoned property. Fifty percent of the required yard area adjacent to a public street shall remain unexcavated. 17 (E) Notwithstanding Santa Monica Municipal Code Section 9.04.10.02.170, a landscaped buffer of minimum five-foot width shall be required along the property line adjacent to a residential use. The buffer shall include a hedge to be maintained up to 12 feet in height where adjacent to a residential side yard and 42 inches in height where adjacent to a residential front yard. The Planning Commission may reduce or waive any part of this requirement if such reduction or waiver is consistent with the public health, safety, and general welfare. (F) At least fifty percent of the required yard area set forth in subsection (c)(1) of Section 4 adjacent to a public street shall be landscaped pursuant to the provisions of Santa Monica Municipal Code Part 9.04.10.04. Fifty percent of the unexcavated area within this required yard shall be landscaped. (b) Operational Standards: (1) Audible car alarms on inventory stored in parking structures located on residential properties shall be disengaged. (2) Loading and unloading of inventory shall not be permitted in roadway areas. All diesel trucks serving the dealership in any capacity shall be in compliance with California State Law limiting diesel-fueled commercial vehicle idling. (3) Parking spaces shall only be used to serve the associated dealership use. 18 SECTION 7. Performance Standards Permit and Conditional Use Permit ReQuirements: Automobile dealerships, automobile storage lots, and parking structures subject to a performance standards permit or a conditional use permit shall comply with the following standards: (a) ParkinQ and Vehicle Storaoe. On-site employee and customer parking shall be provided at no charge. Employee and inventory parking may be provided as tandem and shall not be subject to Santa Monica Municipal Code Part 9.04.20.26. Except as otherwise provided in this Section, parking shall comply with Santa Monica Municipal Code Part 9.04.10.08. Areas designated for employee and customer parking shall not be used for vehicle storage or display. Non-skid or other treatment shall be applied to the surface of the parking structure utilized by vehicles to avoid tire squeals. (b) Landscaping. Screening of outdoor display and non-display areas shall comply with the provisions of Santa Monica Municipal Code Part 9.04.10.04. A minimum two-foot landscape and decorative curb strip, where feasible, shall be provided along the street frontage perimeter of all outdoor vehicle display areas. Landscape materials shall be designed to provide an opaque visual buffer at least twelve inches in height. Applicable setback requirements shall be expanded as necessary to require a minimum five-foot landscaped area adjacent to any abutting residential property not used as part of the dealership operation. Final design treatment shall be subject to review and approval by the Architectural Review Board. All surface parking areas not used for vehicle display shall be subject to 19 the parking lot screening requirements of Santa Monica Municipal Code Part 9.04.10.04. (c) Lioht~ All lighting shall comply with Santa Monica Municipal Code Sections 9.04.10.02.270 and 9.04.10.02.280. (d) Loadino and Unloadino of Vehicles. Loading and unloading of vehicles is permitted only in accordance with this subsection. The dealership operator shall be responsible and liable for any activities of a common carrier, operator, or other person controlling such loa~ing or unloading activities to the extent any such activities violate the provisions of this subsection (d). (1) Loading and unloading of vehicles is limited to the hours of eight a.m. to five p.m. Monday through Saturday. Loading and unloading of vehicles is prohibited on Sunday and legal holidays. (2) Vehicle off-loading shall not be permitted in the public right of way or residential area and shall occur on site or off-site. The applicant shall prepare and submit to the Transportation Management Division for approval a plan that complies with all requirements of this subsection (d) to be included in a form prepared by Transportation Management Division. (e) Storaoe of Vehicles. No automobile dealership owner, operator, or employee. for any period of time on any public street or alley, shall park or store vehicles for sale, to be repaired, that have been repaired, or that are part of an automobile rental operation associated with the dealership. 20 (f) Repair of Vehicles. The repair and service facility portion of an automobile dealership shall comply with the provisions of Santa Monica Municipal Code Section 9.04.14.050. (g) Queuing of Vehicles. An adequate on-site queuing area for service customers shall be provided. On-site driveways may be used for queuing but may not interfere with access to required parking spaces. Required parking spaces may not double as queuing spaces. (h) Test Drivino. Test driving shall not be done on residential streets or alleys. For the purposes of this subsection, streets which are designated by the City as major collector streets shall be permissible areas for test driving. Each dealership operator shall have an affirmative obligation to inform all its personnel of this requirement and to ensure compliance with it. The applicant shall prepare and submit to the Transportation Management Division for approval a plan that complies with all requirements of this subsection (h) to be included in a form prepared by Transportation Management Division. Existing dealerships shall submit plans to the Transportation Management Division for approval that satisfy the requirements of this subsection if such plans are not already on file. (i) Control of Allev Traffic. Notwithstanding the prohibition of alley use for test driving, each dealership operator shall present to the Transportation Management Division, at the same time of the filing of an application for a permit for a new dealership or substantial remodeling, plans for slowing traffic flow in alleys adjacent to their uses, with the objective of minimizing dangers to pedestrians and neighboring vehicle 21 operations, and of minimizing noise and other environmental incursions into the neighborhood. Such plans shall be designed to limit the maximum speed to fifteen miles per hour and may include measures such as speed bumps or dips, one-way traffic patterns, increased signage, parking and loading prohibitions and similar measures. (j) Circulation. The location of entries and exits from automobile dealerships, automobile centers, and automobile storage lots shall be located as far away from adjacent residential properties as is reasonably feasible and shall be directed to commercial streets and away from residential areas by means of signage and design. The interior circulation system between levels shall be internal to the building and shall not require use of public ways or of externally visible or uncovered ramps, driveways or parking areas. No arrangement shall be permitted which requires vehicles to back into an alley or other public way. Compliance with this subsection G) shall be subject to review by the Transportation Management Division. (k) Noise Control. (1) There shall be no outdoor loudspeakers. Interior loudspeakers shall produce no more than forty-five dba at a boundary abutting or adjacent to a residential parcel, under normal operating conditions (e.g., with windows open if they are likely to be opened). (2) All noise generating equipment exposed to the exterior shall be muffled with sound absorbing materials to minimize noise impacts on adjacent properties and shall not be operated before eight a.m. or after six p.m. if reasonably likely to cause annoyance to abutting or adjacent residences and shall at all times be in compliance with the City's Noise Ordinance. 22 (3) Rooftop storage areas shall be screened with landscaping and/or noise absorbing materials to minimize noise impacts on adjacent properties. (I) Toxic Storaoe and Disposal. (1) Gasoline storage tanks shall be constructed and maintained under the same conditions and standards that apply for service stations. (2) There shall be full compliance with the terms and conditions of all applicable federal, state, and local laws relating to the storage and disposal of toxic chemicals and hazardous wastes. (m) Air Qualitv. (1) Use of brake washers shall be required in service stalls or areas which perform service on brakes employing asbestos or other materials known to be harmful when dispersed in the air. (2) All mechanical ventilating equipment shall be directed to top story exhaust vents which face away from abutting or adjacent residential properties. (3) Exhaust systems shall be equipped with appropriate and reasonably available control technology to minimize or eliminate noxious pollutants which would otherwise be emitted. (n) Hours of Operation. Unless otherwise approved by the Planning Commission, if the dealership is within one hundred feet of a residential district, operation of the dealership shall be prohibited between the hours of ten p.m. and seven a.m. 23 (0) Vehicle StackinQ Equipment: Vehicle-stacking equipment shall be permitted within parking structures and on surface lots for employee parking and vehicle storage when screened with an eight-foot high solid masonry wall. The wall shall be set back from the property line at least two feet so that a landscaped buffer of up to two feet in width can be provided. Parking spaces in lifts shall not be applicable in calculating a dealership's parking requirement. If the structure is located in an R2, R3 or A lot, the spaces provided on lifts shall not be included in the base used for calculating the required 10% provision of employee parking spaces. In addition, these spaces shall not count toward fulfilling the 10% employee parking requirement. Vertical spaces above employee parking shall be used for employee parking: spaces above inventory shall be used for inventory. The Planning Commission may reduce the wall height requirement to a minimum of six feet and may reduce or waive the landscaped setback area if such reduction or waiver is consistent with the public health, safety, and general welfare. All facilities shall comply with the City's Noise Ordinance. (p) Accessory Automobile Rental Aoency Requirements. The following special standards shall apply to accessory automobile rental agencies located within automobile dealerships: (1) No more than ten percent of the total interior floor area of the automobile repair or automobile painting facility or a maximum of seven hundred fifty square feet, whichever is less, shall be devoted to the accessory automobile rental agency operation; (2) The accessory automobile rental agency shall only operate during the hours of operation of the automobile repair or automobile painting facility; 24 (3) Vehicles may only be rented to customers of the automobile repair or automobile painting facility; (4) No exterior signage shall be permitted for the accessory automobile rental agency; and (5) The accessory automobile rental agency shall not be advertised or marketed as an independent 8jutomobile rental agency. (q) Plan Verification. All dealerships shall submit a letter annually in June affirming their continued use of their test-driving, vehicle off-loading, and alley traffic control plans. Any changes to approved plans shall require approval of the Transportation Management Division. SECTION 8. Temporary Use Permits (TUP): In addition to the uses set forth in Santa Monica Municipal Code Section 9.04.20.06, the following uses may be permitted, subject to the issuance of a temporary use permit: (a) Short-term automobile storage. Short-term automobile storage associated with an automobile dealership for a maximum of three months annually. (b) Automobile Dealership Temporary Relocation. Temporary relocation of an automobile dealership for up to one year if the relocation is in conjunction with the issuance of a building permit for an approved new automobile dealership facility. The temporary facilities may only include repair functions if these facilities are located in the M1 or LMSD Zones and the facilities are not adjacent to residential uses or districts. One extension of this permit may be granted for up to six months. 25 The review and issuance of a TUP shall be subject to Santa Monica Municipal Code Sections 9.04.20.06.040-9.04.20.06.080. SECTION 9. This ordinance shall be of no further force and effect 60 days after its effective date unless prior to that date, after a public hearing, noticed pursuant to Santa Monica Municipal Code Section 9.04.20.22.050, the City Council, by majority vote, extends this interim ordinance. SECTION 10. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 11. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 12. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once 26 in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM: ~~}i~II1Pn~ MARSHA JON S MOUTRIE City Attorney 27