SR-400-005-01 (4)
'1A
MAR 2 8 2006
PCD:AA:AS:JL:LBE:F:\CityPlanning\Share\COUNCIL\STRPT\2006\Auto Dealers Interim Ord & GPA continued.doc
Council Mtg: March 28, 2006 Santa Monica, California
TO: Mayor and Councilmembers
FROM: City Staff
SUBJECT: Auto Dealership Regulation Revisions
INTRODUCTION
This report proposes a revised ordinance pursuant to Council direction provided on
October 25, 2005, and 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, M1 and BCD zoning districts, including the Parking "A" Overlay District.
BACKGROUND
On October 25,2005, the Council discussed proposed General Plan and Interim Zoning
revisions applicable to automobile dealerships in the city.
Resolutions certifying the final EIR and adopting a Statement of Overriding
Considerations are included with this report as Attachments A and B, respectively.
Proposed language for the General Plan Amendment and Interim Zoning Ordinance can
be found in Attachments C and D, respectively. Additional background on the
1 rl~ 2006
Environmental Impact Report and proposed regulations is included in the October 25
staff report (Attachment H).
ANAL YSIS
Proposed Chanqes to the Interim Ordinance Provisions Based on Council Direction
In response to Council members' inquiries and comments provided on October 25, and
following additional public input and analysis, staff proposes the following changes to
the draft Interim Ordinance:
1. Conditional Use Permits (CUPs) and Performance Standards Permits (PSPs):
Application of permit to entire property; consideration of a level of permitted
(by right) activity; use of parking structures: The draft interim ordinance
proposes to raise the CUP threshold to 7,500 square feet of additional area
(currently the threshold is 5,000 square feet or a 10% expansion, whichever is
smaller). Projects below the 7,500 square foot threshold would require a PSP.
While the level of review is differentiated, standards for both permit types are
identical. Since these standards are important to protect the adjacent residential
neighborhood, and are not generally difficult to achieve, it is proposed that a permit
for a dealership cover the entire dealership operation on the property at which the
application is made. Such an approach is also consistent with the legal non-
conforming provisions of the Zoning Ordinance.
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Some auto dealers have objected to site-wide conditions when requesting
entitlements to improve only a portion of a dealership. Dealers informed staff that
the standards with which they anticipate compliance difficulties include
landscaping, queuing of vehicles and possibly parking, although additional parking
is only required for net new activity or new floor area. Vehicle loading and
unloading was noted as the primary concern and is addressed separately below.
The Santa Monica Automobile Dealership Association (SMADA) has contended
that permits should apply only to the portion of a property for which modification is
requested. This, however, is not practical because operational conditions cannot
be isolated to one activity or area on a property. Furthermore, the property
development requirements in the ordinance are generally feasible and applicable
to existing conditions. However, it is acknowledged that in some cases, meeting
the precise requirements may pose a hardship at an existing dealership site.
Therefore, the draft ordinance has been revised to include language allowing the
Planning Commission, or Zoning Administrator for a PSP, to modify or waive any
of the PSP/CUP standards based on a determination that compliance with that
standard would create an undue hardship given existing site conditions.
Subsequent to the Council's October 25 hearing, SMADA representatives
requested that staff consider a proposal to create a threshold allowing small
projects to proceed without a PSP, thereby permitting some small improvements
by right and without subjecting the applicant to performance standards and
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conditions. A simplified permit process for minor improvements may result in
aesthetic enhancements and address specific spatial needs, particularly on Santa
Monica Boulevard. Therefore, a provision to allow up to 1,000 square feet of net
new office or showroom-related floor area through the building permit process is
proposed. Exterior changes remain subject to Architectural Review Board
approval.
Staff has also considered SMADA's request to allow automobile dealerships to
lease space in residentially zoned parking structures constructed under the
ordinance to other dealerships, whether related or not to the on-site dealership.
Based on concern that additional use of a parking structure, such as for valet
parking for a restaurant or bar, might have negative impacts on surrounding
residents, the previous draft ordinance specified that a structure could only be
used for inventory and employee parking associated with the on-site dealership.
The revised ordinance allows these parking structures to be used by other local
dealerships, but not for non-dealership purposes.
2. Loading/Unloading on-street: The Code currently requires that dealerships
receive approval by the Transportation Management Division (TMD) in order to use
the public right of way for loading and unloading of vehicles. TMD has confirmed
that currently there are few records on file in this regard and none providing
dealerships with permission to off-load vehicles on the public right-of-way.
Similarly, individual dealerships have been unable to produce any written approval
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tor unloading although some believe that they had previously obtained this right. In
order to address this issue, during the past tew months, TMD and Code
Compliance have spoken with a broad sample ot auto dealers that utilize the right-
ot-way for unloading vehicles in order to develop criteria for allowing continued use
of the right-of-way when it is sate and sensitive to neighbors' concerns. When the
criteria have been set, an application process will be initiated and continued use of
the public right-ot-way will be extended to those able to comply. As TMD
evaluates each individual situation, it is possible that some dealerships may not be
permitted to continue to use the public right-of-way as they currently do.
Staff had proposed to require dealers expanding their use through a PSP or a CUP
to replace their on-street loading/unloading activity with an off-street alternative,
either on-site or at another location. This proposal was based on input received
during the public outreach process and concerns expressed about noise, street-
blocking and safety associated with this practice. However, auto dealers have
stated this requirement is unattainable due to existing site conditions and space
requirements to accommodate large car carriers.
The off-street loading provision has been retained in the revised ordinance.
However, the Zoning Administrator, Planning Commission or City Council on
appeal may waive this requirement based on a determination that compliance with
that standard would create an undue hardship given existing site conditions. In
such cases, an on-street loading/off-loading plan on portions of streets designated
5
as non-residential only would need to be approved as part of the entitlement
process. Vehicle inventory loading and unloading hours would be generally
consistent with the City's noise regulations, limiting this activity to between 8:00
a.m. - 5:00 p.m. weekdays, 9:00 a.m. - 5:00 p.m. Saturdays; loading and
unloading of cars is not permitted on Sundays and legal holidays.
The interim ordinance requires that dealerships confirm annually their compliance
with unloading, test drive and alley use plans. It is hoped that this self-reporting
mechanism will foster a continuous awareness of these important regulations and
encourage more proactive compliance on an ongoing basis.
3. Floor-Area Ratio (FAR), Height in M1/LMSD Zones: The FAR for auto
dealerships in the LMSD (Light Manufacturing Studio District) and M1 (Industrial
Conservation) zones is proposed to be 1.5, consistent with the C4 zone. It is also
recommended that the height limit for automobile dealerships in the M1 and LMSD
zones be increased to 35', consistent with the recommendation for commercial
zones. However, if the dealership is adjacent to a residential use, a stepback of 10
feet from the property line would be required. This represents a modification of
the October 25th proposal, which had proposed a FAR of 1.0 and height of 30'.
The lower standards were proposed because there was concern that the
environmental document had not analyzed the greater FAR and height. However,
it has been verified that increased FAR and height were properly analyzed.
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4. Car Alarm disengagement requirement removed. The proposed operational
standard requiring disabling of audible car alarms on inventory parked in
residentially-zoned parking structures has been deleted from the revised draft
ordinance. While this measure was proposed to mitigate anticipated nuisances to
surrounding residential uses, the feasibility of implementation is questionable and
auto dealers have testified to the Council that for some car brands the requirement
would pose a hardship and may in fact put the dealership in legal jeopardy.
Additionally, auto dealers have testified that changes in car alarm technology have
reduced accidental activation incidents, such that the noise issues cited in the past
may not be as significant a concern.
5. Requiring Solar Photovoltaic (PV) systems in conjunction with residentially-
zoned parking structures: At the Council's request, staff has prepared
information for Council to consider if it wishes to require provision of some level of
solar energy collection on a parking/inventory storage structure in a residential
zone (Attachment F). The City will be constructing a photo voltaic (PV) system at
the new 892-space Civic Center parking structure, to be mounted on a rooftop
solar port. The system is expected to produce about 30% of the building's
anticipated electricity demand. Based on lessons learned in development of this
facility, City staff analyzed the factors involved in providing PV systems on parking
structures and applied them to the potential automobile dealership facilities.
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In consultation with the City's Environmental Programs Division, it is recommended
that the Council consider the following if it wishes to require providing a Solar PV
system in conjunction with construction of dealership structures on residential lots:
· The PV system should be designed to provide 20% of the parking
structure's anticipated electricity use. This level is recommended because it
provides a relatively substantial benefit and is generally achievable given
the surface area of the typical property.
· For a prototypical R2 structure on a 15,000 square-foot lot, holding 69 cars
on two levels above ground and one subterranean, the estimated price of
this system would be about $9,700. For a slightly larger three story, 92-car
structure, the estimated cost would be about $13,000. The PV facility could
be installed on the structure itself, on a solar port, or on the rooftop of an
adjacent building at the dealership site. It should be noted that the cost
would increase by about 50% to develop a facility that would produce 30%
of the building's anticipated electrical needs.
Pending Council direction, staff has prepared draft language that would require
installation of a PV system, which could be added to the draft interim ordinance.
6. Entitlement process timelines for a Performance Standards Permit (PSP) or
Conditional Use Permit (CUP): Council requested information regarding the time
required for CUP or PSP entitlement of a project. The overall length of the process
depends on factors that are within the City's control in some cases and dependent
on the applicant in others. The time frames given in the table below account for
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only the City's processing time based on current performance goal standards. The
City's zoning requirements for dealerships are consistent with Building and Safety
Codes.
Perm it Permit Review Timel fees ARB Review B&5, 1 st set of B&5, 2na set
Process timel fees comments of comments
PSP 8 weeks/ $989.47 6 weeks/ 6 weeks 3 weeks*
$1,002.82
CUP 26 weeks or up to one year 6 weeks/ 6 weeks 3 weeks*
if an EIR is required/ $1,002.82
$8,134.88 + cost of
environmental documen-
tation and administration.
* Total building permit entitlement process depends on number of plan corrections and applicant's
turnaround time for resubmittal.
7. Temporary or "Interim" Use Permits: Council heard auto dealers' concerns that
the proposed three-month TUPs for inventory storage or one-year period for
dealerships under construction do not provide adequate relief for their inventory
storage needs. They have requested that the City create an "Interim" permit
process that allows use of surface lots for longer periods, suggesting a two-year
term with renewal opportunities. They have indicated agreement with requiring
certain site development conditions, including fencing, landscaping around the
perimeter, provided staff has flexibility to modify where infeasible, and other
reasonable site specific operational requirements and improvements to ensure
compatibility with surrounding uses (Attachment G).
The primary concern regarding the dealers' request is that authorizing a broad right
to utilize available surface lots for auto storage in the city's commercial zones may
result in incompatible, relatively long-term storage lots around the city rather than
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development of more compatible uses. Furthermore, a consequence might be
continuation of unimproved dealerships along Santa Monica Boulevard. Reducing
the pressure to find a better solution would leave little incentive for dealers to
resolve this issue with on-site structures that would enclose operations, reduce
impacts on residential uses and better utilize their primary dealership properties.
However, the need for storage in the near future is clear, particularly with loss of
space at the Santa Monica Airport. (Currently, two dealerships, Acura & Lincoln
Mercury, share a one acre area for storage; previously, there had been four
dealerships utilizing an additional half-acre, but additional space is not available at
this time.) It is recommended that the originally proposed three-month term be
replaced with a Zoning Administrator-approved TUP for surface storage lots in the
M1 and LMSD zones for a one-year period with two possible six-month extensions.
A criterion for extension would be demonstration of effort to provide on-site storage
through submittal of required applications and progress through the entitlement
process. These longer term permits would not be permitted in commercial zones
for compatibility reasons as cited above. Also, to ensure available properties do not
remain as auto storage lots indefinitely, consecutive TUPs at the same location
would not be permitted. Perimeter landscaping would be required unless the
Zoning Administrator determines that compliance with that standard would create
an undue hardship given existing site conditions. Fencing and other barrier
material would be subject to architectural review and approval.
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8. SMADA proposal to allow exchange of automobile storage and employee
parking locations: There are a few dealership inventory lots located on
Broadway, where inventory storage for auto dealerships is now a permitted use,
but free-standing surface parking lots are not allowed. SMADA has requested
flexibility to allow employee parking at these locations of which there are three that
staff has identified. At the dealers' request, this possibility was studied in the EIR,
and no significant impacts were identified.
A primary concern about allowing this flexibility has been encouragement of long-
term surface parking use on Broadway, which is envisioned as a mixed-use
neighborhood. However, it is recommended to allow employee parking on those
BCD-zoned lots existing at the time of the interim ordinance's approval, subject to
Zoning Administrator approval of site plans both for the Broadway and dealership
properties. The plans would be reviewed to ensure that the relocation of inventory
onto a dealership site does not result in a loss of overall parking capacity for the
dealership's customers and employees. In order to improve the pedestrian
character of Broadway, installation of perimeter landscaping would be required and
both lots would require striping and marking of employee parking spaces in
compliance with the approved plans. Tandem parking would be permitted for both
inventory and employee parking.
9. Parking Requirements: SMADA has requested that the Interim Ordinance include
changes to the parking requirements, specifically modification of the 1 :400 ratio for
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indoor showrooms to be the same as the 1 :2,000 ratio for outdoor display. Their
reasoning is that the space used for car display generates the same need for
parking, whether it is indoors or outdoors. However, a car showroom is a more
spacious area that might function as a gathering area where customers would tend
to remain longer. Staff has not conducted an in-depth parking analysis, since
current parking requirements were not identified as an issue in the public outreach
process. While the HR&A study conducted for SMADA included recommendations
for achieving an appropriate parking supply, its recommended Code modifications
to do so did not include changing the required number of spaces. It is
recommended that this suggestion be considered during the Zoning Ordinance
revision process.
10. Graphic representation of proposed parking structures: In response to the
Council's request, staff has prepared a cross-section of potential parking structures
in relation to their adjacent residential uses (see Attachment J). It is noted that the
proposed height, including projections, would be lower overall than residential
structures permitted in the R2 and R3 districts, but the maximum parcel coverage
for upper floors would not be limited in the same way, resulting in less articulated
structures.
Attachment E contains a summary table of all proposed regulations for each district.
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Public Input
City staff received a letter from SMADA's legal counsel on November 21, 2005, and met
with a group of ten auto dealers and SMADA representatives on November 22, 2005.
Questions raised at the previous Council meeting were discussed, and participants
shared opinions on issues including on-street delivery, temporary/interim inventory
storage, permit process details, Broadway storage lots for employee parking use and
alarm disabling. SMADA representatives stated that they do not object to compliance
with development standards generally, provided that staff is granted authority to provide
waivers in case of hardship and infeasibility. SMADA sent another letter on December
6, following up on some issues discussed at the meeting. Attachment F contains copies
of all correspondence received since October 25.
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 Anqeles Times at
least ten consecutive calendar days prior to the hearing. A copy of the hearing notice is
contained in Attachment I.
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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.
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. Proposed Interim Ordinance
E. Summary Table: Proposed Auto Dealership Interim Ordinance Policies
F. Parking Structure PV System spreadsheet
G. Public Comments received since October 25, 2005
H. October 25, 2005 Staff report:
I. Notice of Public Hearing
J. Cross-sections of potential R2/R3 parking structures compared with permitted
multi-family structure.
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A TT ACHMENT A
Resolution Certifying the Final Program Environmental Impact Report
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ATTACHMENT A
See Adopted
Resolution No. 10120
(CCS)
ATTACHMENT B
Resolution Adopting a Statement of Overriding Considerations
,:,; fiI,; (i I.J 1 e
.;.... '.,"iI \J .1
ATTACHMENT B
See Adopted
Resolution No. 10121
(CCS)
ATTACHMENT C
Resolution to Adopt the General Plan land Use Element Amendment
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ATTACHMENT C
See Adopted
Resolution No. 10122
(CCS)
ATTACHMENT D
Draft Interim Ordinance
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City Council Meeting 3-28-06
Santa Monica, California
(CCS)
ORDINANCE NUMBER
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, AUTHORIZE EMPLOYEE PARKING
ON EXISTING INVENTORY LOTS IN THE BCD ZONING DISTRICT 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. Findinqs 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.
(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 economic 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.
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.
(p) The City Council held public hearings on this proposed interim ordinance
on October 25, 2005 and March 28, 2006.
(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,
authorizing employee parking on existing inventory lots in the BCD Zoning District, 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, design standards, review
processes, and operational standards, authorizing automobile sales in the M 1 Zoning
District subject to a Performance Standards Permit or Development Review depending on
the project size, authorizing employee parking on existing inventory lots in the BCD Zoning
District, 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 Buildinq Heiqht: 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 offeet 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
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'
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 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 subject to the special
standards set forth in Section 6.
(f) Desiqn Standards. Parking structures and automobile storage lots within
an automobile dealership constructed under these provisions shall be subject to the
design 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 shall be subject to a Performance Standards Permit (PSP) if
the new use or added floor area is greater than 1,000 square feet of net new office or
showroom floor area, but 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.
U) 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.
(b) Maximum Buildinq Heiqht: 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'
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.
(f) Desiqn Standards. Parking structures and automobile storage lots within
an automobile dealership constructed under these provisions shall be subject to the
design 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 floor
area is greater than 1,000 square feet of net new office or showroom floor area, but 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 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.
(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 Parkinq Overlav Zones: Lots
designated ("A") 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:
Maximum Parcel Coverage: 50% of residential parcel area.
Maximum Buildinq Heiqht:
R2 Zone: 23 feet, including parapets required by subsection (a)(4) of
(a)
(b)
(1 )
Section 6.
(2)
Section 6.
(c)
(1 )
R3 Zone: 28 feet, including parapets required by subsection (a)(4) of
Setbacks:
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 Parking: Rooftop parking is permitted subject to the special
standards set forth in Section 6.
(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 automobile 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) Desiqn Standards. Parking structures constructed under these provisions
shall be subject to the design 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 abandoned, the parking
structure shall be removed or incorporated into a residential project on the residential
parcel(s) within 3 years.
(k) Housinq 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. M1 and LMSD Zones: Automobile dealerships, automobile
storage lots, and parking structures operated in conjunction with an automobile dealership
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) Maximum FAR: The maximum Floor-Area-Ratio (FAR) on all lots shall be
1.5. For purposes of calculating FAR, all subterranean and semi-subterranean floor area
shall be excluded.
(b) Maximum Buildinq Heiqht: 35' unless the lot is located adjacent to a
residential use in which case the structure must have a 10' stepback from the property line
shared with the residential use.
(c) 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.
(d) Desjqn Standards. Parking structures and automobile storage lots
constructed under these provisions shall be subject to the special standards set forth in
Section 6.
(e) 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 greater than 1,000
square feet of net new office or showroom floor area, but 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.
(f) 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.
(g) 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 Parkinq Structures and Automobile
Storaqe Lots. Parking structures and automobile storage lots associated with an
automobile dealership shall comply with the following special project design standards:
(a) Desiqn 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 Chapter 8 of the Santa Monica Municipal
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 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 (UA") 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.
(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.
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 except to the extent that the reviewing authority determines that
compliance with any of these standards would create an undue hardship given existing
site conditions.
(a) Parkinq and Vehicle Storaqe. Parking and vehicle storage spaces shall
only be for automobile dealership use, but may be used by other automobile dealerships
for automobile storage provided that these vehicles would otherwise have been located
elsewhere in the City. 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) Landscapinq. 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 the parking
lot screening requirements of Santa Monica Municipal Code Part 9.04.10.04.
(c) Liqhtinq. All lighting shall comply with Santa Monica Municipal Code
Sections 9.04.10.02.270 and 9.04.10.02.280.
(d) Loadinq and Unloadinq 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 loading 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 Friday and nine a.m. to five p.m. on 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. All diesel trucks serving the dealership
in any capacity shall be in compliance with California State Law limiting diesel-fueled
commercial vehicle idling. 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) Storaqe 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, that are part of an automobile rental
operation associated with the dealership, or that are provided to customers while the
customer's vehicle is being repaired.
(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) Queuinq 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 Drivinq. 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 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.
0) 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 U) 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.
(3) Rooftop storage areas shall be screened with landscaping and/or noise
absorbing materials to minimize noise impacts on adjacent properties.
(I) Toxic Storaqe 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 Quality.
(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.
(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 Zoning Administrator, or the Planning Commission if it is reviewing other
discretionary permits related to the parking structure or automobile storage lot, 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 Aqency 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
dealership 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 dealership;
(3) Vehicles may only be rented to customers of the automobile dealership;
(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 automobile rental agency.
(q) Plan Verification. All dealerships shall submit a letter annually in June
affirming their continued compliance with their approved test-driving, vehicle off-loading,
and alley traffic control plans. Any changes to these approved plans shall require approval
of the Transportation Management Division.
SECTION 8. BCD Zone Employee Parkinq: Automobile dealership employee
parking shall be permitted on automobile storage lots existing as of January 24, 2006 that
are used in conjunction with an automobile dealership provided that the following
conditions are met:
(a) The Zoning Administrator has approved a parking site plan for both the
automobile storage lot and the automobile dealership that ensures that any inventory
relocated from the inventory lot to the dealership to facilitate employee parking on the
inventory lot does not result in an overall loss of parking capacity for the dealership's
customers and employees. The dealership parking lot and the inventory lot shall be
striped and the employee parking spaces demarcated in accordance with the approved
parking site plan.
(b) Perimeter landscaping shall be provided and maintained, except in a
required driveway or access area that is not less than two feet in depth measured
horizontally from the property line adjacent to the public right-of-way, unless the Zoning
Administrator determines that compliance with this standard would create an undue
40
hardship given existing site conditions.
Tandem parking shall be permitted on these BCD-zoned lots for both inventory
and employee parking.
SECTION 9. 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 storaqe. Short-term automobile storage
associated with an automobile dealership located in the M1 or LMSD Districts for a
maximum of one year, subject to two additional six month extensions if there have not
been complaints and enforcement activities associated with the operation of the storage
facility and if the operator of the facility is engaged in good faith efforts to secure long-term
parking entitlements for the vehicles. Perimeter landscaping shall be provided and
maintained, except in a required driveway or access area that is not less than two feet in
depth measured horizontally from the property line adjacent to the public right-of-way,
unless the Zoning Administrator determines that compliance with this standard would
create an undue hardship given existing site conditions. The Zoning Administrator may
also impose additional site-specific operational improvement requirements to ensure
compatibility with surrounding uses. Physical security measures, such as fencing or other
barriers, shall be subject to review by the ARB. Consecutive temporary use permits for
short-term automobile storage shall not be issued at the same location unless authorized
by a six month extension granted pursuant to this subsection (a) even if the permit is
sought by a different applicant.
(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 M 1
41
or LMSD Zones and the facilities are not adjacent to residential uses or districts. Two
extensions of this permit may be granted for up to six months each, provided that work on
the dealership facility is continuing in good faith.
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 10. 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 11. 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 12. 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 13. 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
42
in the official newspaper within 15 days after its adoption. This Ordinance shall
become effective 30 days from its adoption.
APPROVED AS TO FORM:
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ATTACHMENT E
Summary Table: Proposed Auto Dealership Interim Ordinance Policies
t*"i~ n06~\
" '.'. .)
Summary Table: Proposed Auto Dealership Interim Ordinance Policies
No Planning permits if under Semi- and subterranean areas: Not included in
1,000 sq. ft. of office or FAR calculation.
showroom added;
C6 Otherwise: Height: 45' Parking/vehicle storage may be tandem.
- Up to 7,500 sf - PSP FAR: 1.5 or 2.0 Non-skid surface required.
- 7,500 sf and above - CUP on lots 7,500 sf
or less. Light sources to be designed to contain direct
Review authority may allow and diffuse lighting and glare.
exceptions to standards for Rooftop parking: 6' parapet with surface density
infeasibility, hardship or of 4 pounds/sf for acoustic control on sides
public health adjacent to residential uses.
Exhaust vents to be located as far from
residential uses as feasible.
Vehicle storage & parking areas are exempt
from recycling/refuse requirements.
Loading/unloading in public right-of-way is
prohibited; however TMD may allow with special
approval and conditions. Hours for activity are
limited & prohibited Sundays and legal holidays.
Parking structures may be used for auto
dealerships only (may not be leased for other
uses).
Vehicle-stacking equipment permitted; requires
buffer if placed outdoors.
TMD-approved test driving, loading/unloading
and alley control plans continue to be required;
dealership must send City annual confirmation
of compliance in June.
Parking of vehicles for sale, repair, lease or
courtesy loan is prohibited on public right-of-
way.
PSP/CUP requirements carried over from
current Code: Repair, queuing, lighting,
landscaping, noise, toxic storage and disposal,
air quality, operational hours.
Accessory Auto Rental Agency requirements
carried over from current Code.
LMSD No changes to permit Height: 35', 30' Same requirements for dealership facilities as
process; CUP required. for 10 feet from C4/C6. above.
TUP for inventory lots allowed residential P/L
TUP for inventory storage: Perimeter
up to one year. FAR: 1.5 landscaping, control of light and glare, other
site-specific requirements as needed. Up to two
M1 Dealerships permitted; 6-month extensions may be approved if
No Planning permits if under dealership is making progress towards meeting
1,000 sq. ft. of office or inventory storage needs at a permanent facility.
:i~.~ ;;k1
o. I 0'" .~
. c.. it
BCD
Resi-
dential:
R2/R2A
R3/R3A
showroom added;
Otherwise:
- Up to 7,500 sf - PSP
7,500 sf and above - CUP
TUP for inventory lots allowed
up to one year.
Existing inventory storage
lots may also be used for
employee parking, in
exchange for inventory use
on dealership property.
Parking/ inventory structures
allowed;
Review authority may allow
exceptions to standards for
infeasibility, hardship or
public health
N/A
Parcel coverage:
50%
23 ft. (R2)
28 ft. (R3)
Front - 20'
Rear - 15'
Side, residential
adjacent: 8'
Side,
commercial
adjacent:
None
22
Review authority may allow exceptions to
standards for infeasibility, hardship or public
health
No net loss of parking spaces when uses are
interchanged; requires Zoning Administrator
approval of site plans and re-striping.
All parkin/:! structure and other applicable
standards listed above for C4/C6 plus the
followin/:!:
Rooftop parking allowed within height limits;
No additional upper level stepbacks; building
massing to be increased toward commercial
side when developed with commercial property;
Access from commercial lot only;
10% of spaces to be maintained for employees;
Unexcavated areas in side and front yards for
permeability & landscaping;
5' landscaped buffer including hedge next to
residential.
Vehicle-stacking equipment does not count
toward calculation of 10% employee parking
spaces.
No loading/unloading of vehicles in public right-
of-way.
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LUBe::
. \..I
A TT ACHMENT F
Parking Structure Photo Voltaic System Characteristics and Costs
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ATTACHMENT G
Public Comments received since October 25, 2005
Electronic version of attachment is not available for review. Document IS
available for review at the City Clerk's office and the Libraries.
\> ~0 {) li 6 8
ATTACHMENT H:
October 25, 2005 Staff Report
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PCD:AA:AS:JL:LBE:F:\CityPlanning\Share\COUNCIL\STRPT\2005\Auto Dealers Interim Ord & GPAdoc
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
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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 M1 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 M1 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.
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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 leqally 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 parkinq 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 desiqn requirements of parkinq 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 desiqn requirements of
parkinq structures. The proposed interim ordinance details required standards that
i; if' () l..J 8 '~1
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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.
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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
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on any of the residentially-zoned properties associated with automobile dealerships to
date, regardless of "A" overlay status.
1..2 OB.1BCTIVS:
POLICIES
1.2.1
1.2.2
1.2.3
Ensure compatibility of adjacent land uses. with
particular concern for protecting residential
neighborhoods.
Encourage residential mi~ed USe of appropriate
commercially zoned parcelS, in order to provide a better
transition between commercial and adjaoent residential
uses, to ennancesecur i ty, and to increase hours of use
in metropolitan areas.
Surface parking lots zoned residential adjacent to
highway commercial core idors wnenredeveloped, should
be reserved for residential use or public open space on
the surface (use for underground parking is acceptable).
This pol ioy shall not apply to IoU zoned "j\" Off-Street
Parking Oistr tct.
Parking structures and underground par.king shall be
permitted with site review on land zoned "A" Off-Street
Parking District. Structures shall generally conform to
the height, bulk, setback, and landscape standards for
the adjacent residential district and shall only be
permitted if the fa.cH ity will not adversely impact the
adjacent res.idential neighborhood. This polioy shall
not apply to RA- zoned lots adjacent to neighborhood
commercial zones exoept for the Wilshire Boulevard
neighborhood cOlMlercial 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.
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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
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(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.
" (h, 9 2
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 Parkintl "A" Overlav Zones: Lots designated as Low and Medium
Density Multiple Residential (R2, R3), with or without an Off-Street Parking (UA")
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
Ol.i93
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 stepbacks 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
,,', n u ~jd
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 M1 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
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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, M1 and LMSD zones. Residential zones do not require
FAR calculation.
Special DesiQn 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.
k; :.':: 0 V 9 6
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.
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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
\',;,1.;' O\... 9 8
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 Aaency 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.
~i;<" n 99
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.
MiQration 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 M1 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
'no
'"F' ".,
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,
." (I (. 1
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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.
,\, 0 f C 2
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
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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 recommended mitigation measures will reduce those
impacts to less than significant levels.
The EIR concluded that one Noise impact and three Transportation/Traffic
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
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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 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.
'" I} 1 (; 5
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 Overridinq 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.
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
0106
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 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).
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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 AnQeles 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.
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.
" liln q
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
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ATTACHMENT I:
Notice of Public Hearing
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NOTICE OF A PUBLIC HEARING
BEFORE THE SANTA MONICA CITY COUNCIL
SUBJECT:
General Plan Amendment 05GPA-005, Proposed Interim Ordinance & Final
Environmental Impact Report 05EIR-001, Relating to Automobile Dealership Regulations
(Continued from October 25, 2005)
LOCATION: Citywide
APPLICANT: City of Santa Monica
A public hearing will be held by the City Council to continue consideration of the following proposal:
Certification of a Final Environmental Impact Report, Adoption of a Statement of Overriding
Considerations, Adoption of a Resolution Amending the General Plan Land Use Element 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 [Environmental Impact Report (05EIR-001) and
General Plan Amendment (05GPA-005)] and Introduction and First Reading of an Interim Ordinance to
Modify Zoning Regulations Pertaining to Automobile Dealerships in the City
DATE/TIME: TUESDAY, MARCH 28, 2006, AT 6:45 PM
LOCATION: City Council Chambers, Second Floor, Santa Monica City Hall
1685 Main Street, Santa Monica, California
HOW TO COMMENT
The City of Santa Monica encourages public comment. You may comment at the City Council public
hearing, or by writing a letter. Written information will be given to the City Council at the meeting.
Address your letters to:
City Clerk
Re: Automobile Dealership Standards GPA/lnterim Ordinance
1685 Main Street, Room 102
Santa Monica, CA 90401
MORE INFORMATION
If you want more information about this project or wish to review the project file, please contact Elizabeth
Bar-EI, AICP, Senior Planner at (310) 458-8341, or bye-mail atliz.bar-el@smgov.net. The Zoning
Ordinance is available at the Planning Counter during business hours and on the City's web site at
www.santa-monica.orq.
The meeting facility is wheelchair accessible. For disability-related accommodations, please contact (310)
458-8341 or (310) 458-8696 TTY at least 72 hours in advance. All written materials are available in
alternate format upon request. Santa Monica Big Blue Bus Lines numbered 1, 2, 3, 5, 7, 8, 9, and 10
serve City Hall.
Pursuant to California Government Code Section 65009(b), if this matter is subsequently challenged in
Court, the challenge may be limited to only those issues raised at the public hearing described in this
notice, or in written correspondence delivered to the City of Santa Monica at, or prior to, the public
hearing.
ESPANOL
Esto es una noticia de una audiencia publica para revisar applicaciones proponiendo desarrollo en Santa
Monica. Si deseas mas informacion, favor de lIamar a Carmen Gutierrez en la Division de Planificacion
al numero (310) 458-8341.
APPROVED AS TO FORM:
a~/~z.~
AMANDA SCHACHTER
Planning Manager
F:ICityPlanning1Share1COUNCILINOTICESI2006IAuto Dealership GPA-IO Continued.doc
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ATTACHMENT J:
Cross-sections of potential R2/R3 parking structures compared with
permitted multi-family structure
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