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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. 2 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 3 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 4 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. 6 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. 7 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 8 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 9 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. 10 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 11 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. 12 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. 13 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. 14 A TT ACHMENT A Resolution Certifying the Final Program Environmental Impact Report '..OlI15 .. - 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 .~ i\:( 'itS \,1 f.,? '0 , . ATTACHMENT C See Adopted Resolution No. 10122 (CCS) ATTACHMENT D Draft Interim Ordinance ~"~~ nl;~" 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: ~,0 ", '", fl.. 6 ? '-;, ;", - v t,p 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. :<~ f?: LUBe:: . \..I A TT ACHMENT F Parking Structure Photo Voltaic System Characteristics and Costs ;.),..~ 0\.166 Parking Structures'Energy Use: Proposed for Auto Dealerships in R2 Zones by S. C;;,0I<<1 InpiJt'i in blue. Rii''iul~'i ;Ita In G,."nt:>r. 12iz;;r200e 14:0." P ar'td~g $tructUfl'i 2 Parkj~g StnJctUfti.3 f'Mi<it'll S'\tuctJfl> 4 Parking Str",ctJe 5 l'ypi',;.a~ R~2 ;?Jr;';,ngG~Hag~ Slo~te$ Lot ",rea ($1. S~::hi' 5*?toa>,:,k fit) Fcotprim S03C'1t$ Cv",,,," A1"<1 G"'v'e(aJ S,paC4-S ll'ghtrll W..U.1I.g.. Estm"t.. HPS tamp Fcotoar.dl(i design lowf'l Lvmens .on floor (p.nanti Lvmens!'E'quirt:d l",,,,p'i f'tq:~if'lltd ':32. ':39 140 '41 44 .n. 4t 44 240,00<) t34,ee~ 239.40(1 405.000 ,:';;.400 647 340 144.202 e,52 065 4.2; ,:>(/'i 1eJ 12 !;,;:~iVh 1.5 20% e.346 10.)( Q,,6dG 1),:0\5$ o,oes (i,'003 (1.066 195 0,000 S 214 0,000 7 215 'o.oen 7 217 O.OC011 0,527 Q}54) Q,564 O.3!.:d 6 4 (3 .abc#;" b~Jow) -1f"OOQ 150 tOO S 10,,5'90 23 31,7~) 69 ~t,74Cl 150VY 1E<'CO 1.lm...n$ Ar~.a/$pac& -462 E~~bHt~G C*rn~no E$d~"!'l~;t'$o::'n<tn@'y' $.:.1"" .....a:1" p.,r i'l it ,cof Sol", hol.''' ~ Dar R~OliWr't$nd*d SrAar Co~tdbutl(M) Pi<'c.l'\t Ar"'" k~V UnhCO'iiik'. So CC$t $. Parking Structures' Energy Use: Proposed for Auto Dealerships in R3 Zones b-y $, CO>Oli'Y k1fh..;,1s b-;tJt;<i.o. R-is.u.;!$ aria in i3re-i-f'i or, 12/Z....2006 14;00 a",ikHng P-$vking Stn"et,1ri'1 Parklng Str;,.,ot..r+ :: F arking Shlctclr... ~ P 3rking Stnw,ur.4 P "rklng SVootiJl"li 5 P "rkbg St",ct'lr...5 T~1"OIiI R-3 P;wt.nG"'a'ag., SteviE's lot area (sf) SdeSe'.l;.3ck ,It) Fwtprint SP3iZ'E'S GVi'r;;:1 Atea OVi'r31:':1 S;-'3V!'S lIght;'-'ll 'I."tt;.g<< Esi",a1>ll HPS 'amp F o.;.toal'\ol& 0..i9n 1...,'.,1 LI.Jffle."}$ >or floor {pE:r"xnt} LWl"rlC'rts r+quir.a l~mp$ ni'qi;Jlf'id 7% 30 6 kWil'\!t;;l UM# kV>i 0';''''3110 "37 ~C \36 44 ~,3j;t 2'3 ;-'0 41 t4.~ 44 142 4 C3 J'Ct.C\~, O~~OW) 1c:.CCO ;5C tOO e. 10.eeO 23- 42.320 '92 H'.:).V 1 7% 42.:'';;20 4C e k,\fll ~r~ a'g 2$, 21C .4(4<3 (sfl t34,363 :40,:)00 134.M3 23J.4C'0 4C5,OC10 2ZMOO 1.375.723 1c':JC0 ''''nl.;,M E,.",r,w Un k~'ll'vYQ.ar ~1.1eO 126.480 72.730 ~: 3';',aeO Space$ ?$S 847 ?4D ~~l52 144,202 eee 342 Z.\lbl 81,360 656.442 ki'.JIs.pac& 402 E.sdt!~,,Jl*:o 'J,*,~nd E$'jn;oJitiHtSrHif,tt Sobu '",arts p;lf. sq it 'cot Solar Houts pet Day R'~lend:~d SoLar Corttribution ?...re<:l'\t N<:3 r,'<i'V UnhCost'k\ $ Cost 3< 2'0<";' 8A64 l'DO .\Ai/space "V'ihi'''pace O'.OS;! 271 (',>DeS fiG::1 o,nes 214 O.Ot3 215 o.oe.i,) 217 o..oez 238 0,070 22C e.4 xVv ;-",.. "'!";t" 1,5 ~. kW,!;f 0,00022 0,000:$ ono.o n ),00017 o..OC'O 1'1 0.000: 2 O,noo15 ~:~t ;::j k'.Ntt.'sf 0',1$$1 0,527 0.540 0,584 O.:3O~ O.:se2 ()ATe n VI'" '" , D / 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 i;3 .;~~ r" U' 'I '(; 4 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 .':'.! (II' n r . '""0'::1 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. :~.d f.~{ fll.! 8 f~ . I.... 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 ,',' ..... , 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. ;;:; ~i, U l..J 8 f3 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 ~.:;; {J; 1,1 \... 8 f": ,> 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. \'.i ;'.'-; n IJ S 0 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 \;.'r; 0091 (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 Ie: .>' I, L, q i:; '--' ~; 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. ;:;r'i (1 L 9 '7 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 ?, ,) 1 J , 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 n (' q , , ',,' ;) 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 " O,n/~ 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). o 1 r: '"'} ,~ ( 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 J' ; II ..i.. (: ~J ATTACHMENT I: Notice of Public Hearing ,~ '<1 n ....c... '.,../ 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 ,.(.~"j; \)111 .' - , ATTACHMENT J: Cross-sections of potential R2/R3 parking structures compared with permitted multi-family structure 78 t:c.".. ~ ~,,~....,..~..._-_...:;--------+ c ..~ j ~ . j I ... j i r--...--,..,..~,...-,.".l .'. .-.....----....'..-K-- I f~ , ~i i <r , ~ I \\:1 i , 0 I 1 I r. --....-. ; r I t I J I I \) rt~ r~j - J \.>> ~-> ~-r ~ I I____ J J 4: ~ U\ ~ ~ -r ~ -z~ 1; t~ ~~ IJ -~ ~~ ~ ~ ~ <;::) .J li ~ .J ~ i D - ~ ~ ~ tl ~ ~ :J ,,~ i) 11 3 ~._---- ~ ~~ ~~ \)\U ~ ~~ ~ (! ~ ~ :[. ! rl ~ ~ ~ oC' ~- ~ - - :i<t ~i ~ ~-~~ ~ ~ t - 0-;.. & ~ .11 <.. ~ ~ -- ~ ~ 1 ~ .i t ,:1 \'>~ {\ 11 4 tel ~_.- .. ob ~ t ... r ~ I ~-~---r I ~~ I I I I !} I ; ! ~ ! i (:)~ I ! <t:.~ --~ ~ . . - ,- - ~ t - j. ~ t r - r ! ~ i -z I - tt.,.. :l. ~ t i \\. tl.- ~ ~ ~ ~ \i' I , l -- (V."~ --_-1 ( .' 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