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SR-400-005-01 (6) e _ JCilYOf Santa Moniea~ City Council Report City Council Meeting: May 9,2006 Agenda Item: ...l..8 To: Mayor and City Council From: Andy Agle, Interim Director, Planning and Community Development Subject: Introduction and First Reading of an Interim Ordinance Extension Related to New Automobile Dealership Standards Recommended Action It is recommended that the Council modify one provision of the interim ordinance in order to allow auto dealers that provide incentives consistent with the City's Transportation Demand Ordinance (TMO) to charge employees for parking, and adopt on First Reading an Interim Ordinance extending Interim Ordinance NO.2179 (CCS) until July 10, 2008, amending the City's application review procedures and zoning regulations governing automobile dealerships. Executive Summary Interim regulations for automobile dealerships will expire on July 10, 2006 unless extended. A two-year extension will allow time for permanent regulations to be included in the new Zoning Ordinance. Following analysis of several topics requested by the Council, one change is proposed in the attached ordinance that relates to free on-site employee parking. Additionally, clarification language is proposed regarding the performance standards to which existing dealerships are also subject. A revised Interim Ordinance Extension is included with this report as Attachment A. 1 Discussion BackQround Following an extensive outreach and review process, revised standards governing automobile dealerships in commercial and industrial zones, and allowing development of parking and inventory structures on residential lots that are currently used by auto dealerships, were discussed at a public hearing on March 28, 2006 and adopted on an interim basis. The provisions contained in the interim ordinance continue to be necessary to protect the public health, safety and welfare, and it is, therefore, recommended that the Council extend this ordinance until July 10, 2008. At the March 28th meeting, the Council requested additional information on the followin9, topics: allowing the use of residential and parking overlay lots for inventory storage; requiring free on-site parking; reinstating language that discounts rooftop parking floor area by 50% in calculating the floor-area-ratio (FAR); and noise concerns in the M1/LMSD zones. Previous Council Actions The Council approved the First Reading for Interim Ordinance No. 2179 (CCS) on March 28, 2006, and Second Reading on April 11, 2006. The interim ordinance expires on June 10, 2006. 2 Alte rn atives Council requested information in order to consider possible modifications to the Interim Ordinance. The following provides analysis of these issues and explains why one modification is proposed and others are not recommended. Free On-site ParkinQ: The Interim Ordinance continues the existing Code requirement [SMMC 9.04.14.160.a.1 (c)] for on-site automobile dealership parking to be provided free of charge to customers and employees. This requirement is intended to encourage employees and/or customers to park on-site. Some automobile dealers have testified that requiring free parking to employees runs counter to the City's efforts to reduce trips through ridesharing and transit use. The City's Transportation Management Ordinance (TMO) requires employers with 50 or more employees to participate in the City's TMO program, while those with 10-49 employees must register but participation is optional. For employers subject to the ordinance, the City requires that incentives be provided to encourage ridesharing or transit, with a goal of achieving an Average Vehicle Ridership (AVR) of 1.5 employees per vehicle. Participating auto dealerships with 50 or more employees and their most recently reported A VRs are as followsi: Sonic HondaNolvo Toyota Lincoln/Mercury Volkswagen/Lexus BMW/lsuzu . 1.08 1.15 1.13 1.62 1.21 Nissan Hornburg Jaguar Ford W.1. Simonson 1.15 1.04 (first year plan) 1.12 1.20 1 City of Santa Monica Transportation Management Division Data 3 These figures show that only one dealership, Volkswagen/Lexus, has met the target A VR. Auto Dealerships registered with Transportation Management that have 10-49 employees include Santa Monica Acura, Santa Monica, Mitsubishi, Santa Monica Infiniti, Saab of Santa Monica and Santa Monica Auto Group. The City does not collect data on A VR for these dealerships. In order to maintain the intent of reducing commercial intrusions into residential neighborhoods and support the city's ridership goals, it is recommended to retain the requirement to prohibit charging for available on-site parking, but add an exception allowing dealers to charge employees (not customers) for parking if rideshare and transit incentives are provided consistent with the City's TMO program, subject to the Transportation Planning Manager's approval. The attached Interim Ordinance has been revised to reflect this change. Inventory storaqe on residential and parkinq overlav (R2/R3 and "A") lots: Automobile dealers have been requesting permission to use residential (R) lots at their dealerships flexibly, for surface parking and/or inventory as dictated by their needs at any given time (see letter from Santa Monica Auto Dealers Association (SMADA), Attachment C). Currently, some of these R-Iots can only be used for customer or employee parking, while others have a non-conforming legal right to use them for inventory purposes [SMMC 9.04.18.040(d)]. The adopted Interim Ordinance continues to prohibit surface inventory storage on R-Iots where it has not already been legally established. 4 Modifying the ordinance to grant the dealers' request has advantages and disadvantages. The main reason that it is recommended to continue prohibiting surface inventory storage is to encourage redevelopment of the auto dealers' properties in a more efficient manner. The General Plan was amended to allow automobile dealerships to build parking and storage structures on their residential lots, and the Interim Ordinance includes provisions to facilitate their development, including exemption from multi-family development standards required in these zones and allowing rooftop parking. Those dealers that are legally entitled to have surface inventory storage on residential lots may continue to do so; other dealers who wish to use them for this purpose would be encouraged to look at ways to redevelop their parcels to utilize them to a higher degree. Additionally, inventory storage lots would be a more intensive operation, with sales activity occurring closer to residential uses. Even if sales activity did not occur, transporting vehicles from these lots for the customer could result in more activity than if the R-Iot were used for parking. Modifying the ordinance to allow inventory storage on the residential lots would, however, benefit the dealerships by improving the accessibility of inventory to show customers. This may eliminate some trips bringing vehicles from off-site locations to customers, thereby somewhat reducing traffic in the area. The Santa Monica Auto Dealers Association (SMADA) has suggested allowing surface inventory storage on R-Iots in exchange for employee parking elsewhere. For instance, dealerships would be permitted to swap their R-Iot parking with inventory now kept in 5 the Broadway Commercial District (BCD). The Interim Ordinance now allows such exchanges of parking and inventory between commercial dealership lots and BCD locations. If Council desires to change the Interim Ordinance and extend the potential of that provision to include exchanges with adjacent R-Iots, staff will have alternative language to effectuate this change. The BCD lots in question are about % mile from their associated dealerships. Additionally, dealers able to find other legal locations within a reasonable walking distance could do the same. Overall, modification of the Interim Ordinance is not recommended becc;luse parking intrusion into nearby neighborhoods was one of the most consistently mentioned impacts during the public outreach process. Staff is not convinced that there is a clear, enforceable mechanism for distinguishing and monitoring inventory versus parking and is concerned that ultimately, inventory will be parked in both locations. Should the Council choose to allow inventory storage on surface lots, it is recommended that the following provisions be included: · Require displaced employee parking at another off-site, off-street location through an administrative review procedure similar to Section 8(a) of the Interim Ordinance; · Require that the off-site location be within a reasonable walking distance to the dealership (1/8 to % mile); · Require that a specified number of customer parking spaces on the commercial dealership property be provided; · Prohibit sales activity on R-Iots; 6 · Require R-Iots to revert to parking if the alternative off-site parking source becomes unavailable. Fifty Percent Floor-Area-Ratio (FAR) Discount for Rooftop ParkinQ/StoraQe: The potential size of an automobile dealership at any particular location will be determined by the parcel size, limitations to maximum height and floor area, and compliance with other standards, such as parking or landscaping. Throughout the interim ordinance, incentives are offered to encourage dealerships to redevelop their commercial and residential lots in ways that address their needs and long standing concerns expressed by area residents. Those incentives include increased floor area and height on most commercial properties, provisions that allow parking structures on residential lots and exempting all subterranean activity from the floor-area-ratio (FAR) calculation, which expands potential inventory storage and service capacity in a way that was not previously possible. The discussion regarding floor area discounts for FAR calculation relates specifically to commercial properties as development on residential parcels is limited by parcel coverage; a distinctly different calculation. As contained in the existing Interim Ordinance, elimination of the fifty percent discount for rooftop automobile storage is another way to encourage more activity underground in commercial districts. In addition to the capacity provided by one or two levels of subterranean activity, the increased floor area and height provisions provided in the interim ordinance far offset the loss of removing the discount from the rooftop parking calculation. Because this provision seeks to address concerns about commercial 7 development expressed by area residents and to retain incentives to utilize subterranean space when redeveloping commercial properties, it is recommended that Council retain the current Interim Ordinance provision. If Council wishes to reduce rooftop area in floor area calculation, language could be added to Interim Ordinance Sections 2, 3, and 5. Noise requlation in industrial (M1/LMSD) areas: Council requested further clarification of standards applicable to dealerships that the Interim Ordinance now permits in the M1 industrial zone. Section 5 (e) of the ordinance specifies that any PSP or CUP issued for a dealership woul? be subject to the same standards set forth in Interim Ordinance Section 7 that apply to dealerships in all zones. These standards include hour restrictions for off-loading and outdoor activities, noise control including prohibition of outdoor loudspeakers, control of test-driving routes and alley traffic and other requirements designed to make these uses more compatible with surrounding uses. The Zoning Code already requires vehicle repair activity to occur within an enclosed structure and prohibits operation of repair facilities for both existing and new dealerships between 8:00 pm and 7:00 a.m. Monday through Saturday, with no activity permitted on Sunday. The Interim Ordinance further prohibits all dealership activity at a location within 100 feet of a residential district between 10 p.m. and 7 a.m., which the Planning Commission may further restrict for projects subject to the CUP process. As existing regulations and the interim ordinance already provide protections, no modification to the interim ordinance is recommended. 8 Performance Standards for ExistinQ Dealerships: The Zoning Ordinance requires that existing automobile dealerships comply with certain standards regarding noise impacts, vehicle off-loading, test driving, alley use, prohibition of vehicle storage on the public right-of-way, hours of operation and accessory auto rental. In the interest of having all regulations applicable to auto dealerships in one place, the extended ordinance contains an explicit reference at the beginning of Section 7 to the requirements that pertain to existing dealerships. BudgetlFinanciallmpact 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. Prepared by: Elizabeth Bar-EI, AICP, Senior Planner Attachments: A. Draft Interim Ordinance Extension B. Notice of Public Hearing C. Correspondence received since March 28, 2006 Approved: Forwarded to Council: ~. Andy Agle Interim Director, Department of Planning and Community Development F:\CityPlanning\Share\COUNCIL\STRPT\2006\Auto Dealers 10 Extension.doc 9 ATTACHMENT A Draft Interim Ordinance Extension F: \atty\m u n i\laws \ba rry\a utodea lersi nterimordext 1 City Council Meeting 5-9-06 Santa Monica, California ORDINANCE NUMBER (CCS) (City Council Series) AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA EXTENDING AND MODIFYING THE INITIAL INTERIM ORDINANCE 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. 1 (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. 2 (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. G) 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. 3 (0) On July 20,2005, the Planning Commission held a public hearing to consider this General Plan amendment and forwarded its recommendations to the City Council. (p) The City Council held public hearings on the General Plan amendment and the initial interim ordinance on October 25, 2005 and March 28, 2006. The City Council adopted the initial interim ordinance, Ordinance Number 2179 (CCS), on April 11 ,2006 (q) This interim ordinance modifies Zoning Code 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, modifies the existing development standards for automobile dealerships in the C4, C6, and LMSD Zoning Districts, authorizes automobile dealerships in the M1 Zoning District subject to a Performance Standards Permit or Development Review depending on the project size, authorizes employee parking on existing inventory lots in the BCD Zoning District, and modifies certain operational standards and review processes. (r) As detailed above, the existing Zoning Code 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 continues to require 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 extend the interim 4 modifications to 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 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 the temporary use permits provisions for automobile dealerships. (t) Ordinance Number 2179 (CCS) will expire on July 10, 2006 unless extended. Adoption of the proposed extension ordinance will provide adequate time to amend the City's Zoning Ordinance on a permanent basis in conjunction with the Land Use Element/Zoning Ordinance update. (u) As described above, there exists a current and immediate threat to the public health, safety, and welfare should this interim ordinance not be adopted. Consequently, it is necessary for this ordinance to extend the provisions of Ordinance Number 2179 (CCS) up to and including July 10, 2008, establishing on an interim basis the following development standards: SECTION 2. C4 Commercial Zone: New automobile dealerships and the indoor or outdoor expansion of existing automobile dealerships shall be allowed in the 5 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 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 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. 6 (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. 7 (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 2,000 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. 0) ARB Review: All new construction, new additions to existing buildings and any other exterior improvements that require issuance of a building permit shall be subject to architectural review pursuant to the provisions of Santa Monica Municipal Code Chapter 9.32. 8 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. 9 (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. 10 (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 2,000 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. 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. 11 SECTION 4. Residential and "A" Off-Street Parkino 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: (a) Maximum Parcel Coveraqe: 50% of residential parcel area. (b) Maximum Buildinq Heioht: (1) R2 Zone: 23 feet, excluding four feet of the required parapet. (2) R3 Zone: 28 feet, excluding four feet of the required parapet. (c) Setbacks: (1) A minimum 20 foot setback from the property line adjacent to a public street. (2) A minimum 15 foot setback shall be provided from the property line opposite the street facing property line. Where an alley is present, this distance may be measured from the alley centerline. (3) Except when subsection (c)(2) of this Section applies, a minimum 8 foot setback shall be provided between any above grade structure and a property line that is 12 shared with an adjacent residential property that is not used as part of an automobile dealership. (d) Prohibited Uses. No portion of a residentially zoned parcel may be used for auto repair work, rental car use, automobile washing, outdoor display of vehicles, commercial signage, storage tanks, inventory storage on surface lots, or any other use not specifically identified in this Section 4. (e) Rooftop ParkinQ: Rooftop parking is permitted subject to the special standards set forth in Section 6. (f) Exemption from additional multi-family 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 Ch'apter 9.32 of this Chapter. 13 (i) DesiQn Standards. Parking structures constructed under these provisions shall be subject to the design standards set forth in Section 6. m 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) Housing Impact Fee: Parking structures and automobile storage lots constructed on parcels designated as Low Density Multiple-Family Residential (R2) and Medium Density Multiple Family Residential (R3), without an "A" Off-Street Parking Overlay designation, may be subject to an Affordable Housing Fee established by resolution of the City Council to mitigate the impact of the loss of the potential development of affordable housing on these sites. SECTION 5. 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. 14 (b) Maximum Buildinq Heiqht: 35' unless the lot is located adjacent to a residential use in which case the structure must have a 10' step back 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) Desiqn 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 2,000 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. 15 (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. 16 (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 ("A") 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. 17 (8) 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. (0) 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. 18 SECTION 7. Performance Standards Permit and Conditional Use Permit Requirements: Automobile dealerships, automobile storage lots, and parking structures subject to a performance standards permit or a conditional use permit shall comply with the following standards 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. ExistinQ automobile dealerships shall comply with subsections (a), (d), (e). (h), (i), (k), (n), and (p) of this Section 7. (a) ParkinQ and Vehicle StoraQe. Parking and vehicle storage spaces shall only be for automobile dealership use.:., Vehicle storaQe spaces 00t may also 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. Subiect to the approval of the Transportation PlanninQ ManaQer, on-site employee parkinQ may be provided for a charQe, but only if the automobile dealership offers rideshare and transit incentives consistent with the City's Transportation Management Ordinance, Santa Monica Municipal Code Chapter 9.16. 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. Notwithstanding the parking requirements set forth in Santa Monica Municipal Code Part 9.04.10.08, interior showroom area specifically dedicated to vehicle display shall be 19 calculated at a rate of 1 space per 2,000 square feet of floor area. Associated sales and office areas shall continue to be calculated as required by the Zoning Ordinance. 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 20 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) A vehicle loading and unloading plan shall be submitted with the project application for review and approval by the reviewing authority. The plan shall include travel routes within the City, proposed loading and unloading zones, and identify time and day of delivery. On-site loading and unloading or off-street loading and unloading at an alternative location may be required by the reviewing authority, if not an undue hardship, based upon the proposed project and existing or proposed site conditions. All diesel trucks serving the dealership in any capacity shall be in compliance with California State Law limiting diesel-fueled commercial vehicle idling. (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. 21 (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 Alley 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 22 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. G) Circulation. The location of entries and exits from automobile dealerships, automobile centers, and automobile storage lots shall be located as far away from adjacent residential properties as is reasonably feasible and shall be directed to commercial streets and away from residential areas by means of signage and design. The interior circulation system between levels shall be internal to the building and shall not require use of public ways or of externally visible or uncovered ramps, driveways or parking areas. No arrangement shall be permitted which requires vehicles to back into an alley or other public way. Compliance with this subsection G) shall be subject to review by the Transportation Management Division. (k) Noise Control. (1) There shall be no outdoor loudspeakers. Interior loudspeakers shall produce no more than forty-five dba at a boundary abutting or adjacent to a residential parcel, under normal operating conditions (e.g., with windows open if they are likely to be opened). (2) All noise generating equipment exposed to the exterior shall be muffled with sound absorbing materials to minimize noise impacts on adjacent properties and shall not be operated before eight a.m. or after six p.m. if reasonably likely to cause annoyance to abutting or adjacent residences and shall at all times be in compliance with the City's Noise Ordinance. 23 (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 Qualitv. (1) Use of brake washers shall be required in service stalls or areas which perform service on brakes employing asbestos or other materials known to be harmful when dispersed in the air. (2) All mechanical ventilating equipment shall be directed to top story exhaust vents which face away from abutting or adjacent residential properties. (3) Exhaust systems shall be equipped with appropriate and reasonably available control technology to minimize or eliminate noxious pollutants which would otherwise be emitted. (n) Hours of Operation. Unless otherwise approved by the Planning Commission, if the dealership is within one hundred feet of a residential district, operation of the dealership shall be prohibited between the hours of ten p.m. and seven a.m. 24 (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; 25 (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 Emplovee 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 26 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 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 located in the M 1 or LMSD Districts associated with an automobile dealership for a maximum of one year, subject to three 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 27 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 M1 or LMSD Zones and the facilities are not adjacent to residential uses or districts. Three 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 after July 10, 2008 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. 28 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 in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM: 29 NOTICE OF A PUBLIC HEARING BEFORE THE SANTA MONICA CITY COUNCIL SUBJECT: Proposed Extension with Modifications of Interim Ordinance No. 2179 (CCS) Relating to Automobile Dealership Regulations LOCATION: Citywide APPLICANT: City of Santa Monica A public hearing will be held by the City Council to continue consideration of the following proposal: Introduction and First Reading of an Interim Ordinance to extend Interim Ordinance No. 2179, which modifies 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 "Au Overlay District. The proposed ordinance includes modifications that would allow dealerships to charge employees for parking in connection with participation in the City's Transportation Management Ordinance and to clarify requirements that pertain to existing dealerships. The City Council will also consider and may establish criteria to regulate vehicle inventory storage on residential lots currently used by automobile dealers and may allow a 50% floor area discount for rooftop parking/storage on commercial properties DATEITIME: TUESDAY, MAY 9,2006, 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.ora. The meeting facility is wheelchair accessible. For disability-related accommodations, please cont.act (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. F:\CityPlanning\Share\COUNCIL\NOTICES\2006\Auto Dealership 10 Extension 5-9.doc 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: ~~~JJll(~ AMANDA SCHA ER Planning Manager F:\CityPlanning\Share\COUNCIL\NOTICES\2006\Auto Dealership 10 Extension 5-9.doc ATTACHMENT C Correspondence received since March 28, 2006 Electronic version of attachment is not available for review. Document is available for review at the City Clerk's Office and the Libraries.