SR-401-045
PCD:SF:JT:f:\plan\share\council\strpt\autorepair.doc
Council Mtg: November 23, 1999 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Introduction and First Reading of an Ordinance to Amend Santa Monica
Municipal Code (SMMC) Section 9.04.02.030.315 and Section 9.04.14.050
of Article IX of the Santa Monica Municipal Code to Modify the Zoning
Ordinance Floor Area Ratio Definition Relating to the Enclosure of Existing
Outdoor Hoists, to Amend the Special Conditions for Automobile Repair
Facilities, including but not limited to, Allowable Work Activities,
Landscaping, Outdoor Hoist Enclosures, and other operating conditions, to
Add Provisions Related to the Storage of Re-usable Auto Parts, the Road
Testing of Vehicles and Vehicles Awaiting Repair, and to Require Existing
Auto Repair Facilities to Comply with Special Conditions Related to Lighting,
Litter, Sound and Storage, and Discussion of Standards for Existing Auto
Repair Facilities in the M1 and LMSD Districts That are Not Subject to a
Conditional Use Permit and discussion of regulations and enforcement
related to Auto Repair Business activities.
Introduction
This report recommends that the City Council introduce for first reading an ordinance to
amend SMMC Section 9.04.02.030.315 and Section 9.04.14.050 of Article IX of the Santa
Monica Municipal Code to modify the Zoning Ordinance floor area ratio definition relating
to the enclosure of existing outdoor hoists, to amend the special conditions for automobile
repair facilities relating to allowable outdoor work activities, landscaping and outdoor hoist
enclosures, to add provisions related to the storage of re-usable auto parts, the road
testing of vehicles and vehicles awaiting repair, and to require existing auto repair facilities
to comply with special conditions related to lighting, litter, sound and storage.
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On October 6, 1999, the Planning Commission voted 5 to 1 to recommend approval of this
amendment. In addition, staff is seeking direction from Council with regard to existing
automobile repair facilities which are located in the M1 Industrial Conservation District and
LMSD Light Manufacturing and Studio District. The proposed ordinance is contained in
Attachment A.
Background
Santa Monica Municipal Code (SMMC) Section 9.04.14.050, which was adopted by the
City Council in September, 1988, contains special conditions for Conditional Use Permits
(CUP) which are related to the operation of auto repair facilities. These special conditions
are intended to mitigate potential adverse impacts and ensure that the repair facilities
operate harmoniously with adjacent and surrounding uses. Certain of these special
conditions apply to those existing auto repair facilities that are located in zoning districts
which require CUPs. Compliance with these special conditions was required by
September, 1989. These conditions require:
1) paving of the building site, except in areas of buildings and landscaping;
2) landscaping of the perimeter of the site and the vehicle parking and driveway
areas;
3) screening of vehicles awaiting body and fender repair;
4) enclosure or removal of outdoor hoists; and
5) enclosure or cessation of outdoor repair activities.
The City has initiated enforcement of the auto repair ordinance. Code compliance staff
have inspected auto repair businesses City wide and have sent notices regarding any on-
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site Code violations. Following issuance of the violation notices, auto repair business
representatives addressed the City Council on May 11, 1999 to identify constraints in
complying with Code, including the issue of enclosing outdoor hoists. They proposed
changes to the Zoning Ordinance to alleviate some of these problems. Based upon this
testimony, the Council directed staff to prepare minor Code modifications which would
address the auto repair establishments’ concerns, but would also reduce the impacts of
auto repair activities on surrounding uses and neighborhoods. In addition, the Council
directed staff to add provisions to the ordinance related to re-cycled auto parts, the test
driving of vehicles and vehicles awaiting repair.
Discussion
The proposed modification to Section 9.04.02.030.315 would amend the floor area
definition to allow existing auto repair businesses to enclose outdoor hoists built before
September, 1988 without including the hoist enclosure as part of the site floor area. As a
result, auto repair businesses would be able to enclose their existing hoists without having
to provide additional off-street parking. In many cases, it is not possible for existing auto
repair businesses to provide additional off-street parking. Since the outdoor hoists are
existing components of the auto repair facilities, staff believes the enclosure does not
intensify operations. Moreover, the enclosure would screen the repair activity from
adjacent uses.
The proposed amendments to Section 9.04.14.050 would modify the special conditions for
auto repair facilities related to landscaping and outdoor hoist enclosures and add
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provisions related to re-cycled auto parts, the road testing of vehicles and vehicles
awaiting repair. The modifications to the standards for landscaping were requested by
Council and would allow for alternative landscaping configurations where a building
extends to or near the parcel line of the site. In these situations, under current Code, part
of the building would have to be demolished to comply with the landscaping standards that
require landscaping around the perimeter of the site except in driveway areas. The
landscaping plan would be subject to the review and approval of the Architectural Review
Board. In this circumstance, the proposed ordinance directs the Architectural Review
Board to approve an alternate landscaping plan to the extent necessary to eliminate the
hardship imposed by the placement of existing buildings, provided the landscaping plan
would not adversely affect public welfare and would not be detrimental or injurious to
property and improvements in the surrounding area.
The City Council also directed staff to propose standards for outdoor hoist enclosures to
require fully-enclosed buildings with openings oriented away from nearby residential uses.
These standards have been added to Section 9.04.14.050(k).
Council also requested that staff develop standards for storage containers of re-usable
auto parts, for vehicle test driving routes and for covering of vehicles awaiting repair. As
amended, Section 9.04.14.050(m) would provide standards for storage containers for re-
used or re-cycled auto parts which limit the size to 6’ in width by 9’ in length by 6’ in height
and which are subject to the review and approval of the Architectural Review Board and
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the City Fire Marshal. Proposed Section 9.04.14.050(q) would require road testing routes,
approved by the Transportation Management Division, which prohibits driving on
residential streets. Finally, Section 9.04.14.050(r) is proposed to provide standards for
vehicles awaiting repair and disassembled vehicles. The standards would require the
closing of hoods while work is not being performed and the covering of vehicles that have
been disassembled.
Planning Commission Action
The Planning Commission conducted a public hearing on the proposed amendments on
October 6, 1999. At that time, staff recommended to the Planning Commission that four
other special conditions contained in Section 9.04.14.050 also be applied to existing auto
repair businesses. These special conditions are of a minor nature and will not appreciably
impact the operation of the existing facilities. These special conditions include:
1. Section 9.04.14.050(i) Lighting;
2. Section 9.04.14.050(m) Litter;
3. Section 9.04.14.050(n) Sound; and
4. Section 9.04.14.050(p) Storage.
Existing auto repair businesses would be required to comply with these provisions within
three months after the effective date of this ordinance.
The Commission concurred with staff’s recommendations but suggested that three
additional modifications to the Code be presented to the Council. First, the Commission
recommended expanding the Architectural Review Board’s authority to allow for landscape
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adjustments to facilities where site specific characteristics, beyond just the placement of
existing buildings, made compliance with the landscaping requirement impractical or
impossible. The Commission was concerned that certain site conditions such as the
placement of existing parking areas, fences and walls, and adjacent buildings made
installation of landscaping per the Code requirements problematic. These
recommendations are reflected in the proposed ordinance.
Second, the Commission asked staff to differentiate between auto repair businesses
located in close proximity to residential areas. The proposed ordinance reflects this
recommendation by further restricting outdoor activities when located adjacent to
residential uses or districts.
Finally, the Commission recommended that language be added to allow for limited outdoor
work activities at auto repair facilities that did not require the use of certain types of noise-
generating tools and equipment and were not noise intrusive to adjacent land uses. The
proposed text language to permit limited outdoor work activities reads as follow: (1) the
work consists of diagnostic services which does not involve the removal of vehicular parts,
battery charging and replacement, replacement of fluids, wiper blades, fuses, and lamps,
or tire removal and replacement; (2) the work is performed within twenty (20) feet of an
existing building on the premises; (3) the work is performed entirely within a clearly marked
area not to exceed four-hundred (400) square feet; (4) screening consistent with Section
9.04.01.04.080 is provided along street frontages and along property perimeters which
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face residential uses and zoning districts; (5) the work is performed only between the
hours of 8:00 a.m. to 5:00 p.m. Monday through Friday and 8:30 a.m. to 4:00 p.m.
Saturday; and (6) the work does not involve the use of pneumatic tools. Notwithstanding
the above, if the auto repair facility is located directly adjacent to or across an alley from a
residential use or district, no replacement of fluids or tire removal and replacement shall be
conducted. The attached ordinance reflects these recommended Code modifications.
Performance Based Standards
Staff also received direction from the Commission to investigate performance based
standards which could be enacted to allow limited outdoor work activities at existing auto
repair facilities. These standards do not include a list of specific outdoor repair activities
but instead provide performance standards that must be met in order to perform outdoor
work. These standards provide greater flexibility to existing auto repair businesses while
establishing enforceable conditions to ensure outdoor repair work does not adversely
impact surrounding uses. These standards include the following conditions: 1. the work is
performed within twenty feet of an existing building; 2. the work is performed entirely within
a clearly marked area not to exceed four-hundred (400) square feet; 3. the work does not
involve the use of pneumatic tools; 4. the work is not audible from beyond the property
boundaries; 5. screening is provided along street frontages and along property perimeters
which face residential uses and zoning districts; 6. outdoor work can only be performed
from 8:00 a.m. to 5:00 p.m. Monday through Friday and 8:30 a.m. to 4:00 p.m. Saturday;
and 7. if the auto repair facility is located directly adjacent to or across an alley from a
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residential use, no replacement of fluids or tire removal and replacement shall be
conducted. The text language is contained in Attachment C.
Auto Repair Industry Alternative
Staff received alternative performance standards language from the auto repair industry.
The auto repair industry proposes a third alternative for Council consideration regarding
performance standards for outdoor repair. These performance standards are as follows: 1.
the work is performed within a clearly marked area; 2. the work can only be performed
within eighteen feet of a building; 3. the work does not involve the use of pneumatic tools
or equipment; 4. the auto repair operation conforms to Santa Monica Municipal Code
(SMMC) Section 9.04.10.02.310 with regard to sound and noise; 5. the outdoor work is
performed from 8:00 a.m. to 5:00 p.m. Monday through Friday and from 8:30 a.m. to 4:00
p.m. Saturday; and 6. the existing repair shops and tire stores may use pneumatic tools
outdoors only when working on or changing tires on trucks or recreational vehicles which
are too large to be accommodated within existing buildings.
Though elements of the auto repair industry recommendations are similar to the
performance based standards, staff has serious concerns about the noise provisions. and
the use of pneumatic tools. Staff believes the performance standards proposed by the auto
repair industry regarding noise and pneumatic tools would not effectively mitigate noise
impacts on surrounding uses and would pose enforcement problems. The staff
recommended performance standards ensure that no noise is audible beyond the property
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boundaries. In addition, staff does not support any outdoor use of pneumatic tools. The
outdoor use of pneumatic tools is the source of a significant number of the noise
complaints by nearby residents regarding auto repair facilities. Even allowing the use of
these tools on a limited basis would likely continue the impacts to and complaints from
nearby land uses. Therefore, staff cannot recommend that the use of pneumatic tools
outdoors be permitted.
Existing auto repair facilities located in the M1 and LMSD zoning districts
In the M1 Industrial Conservation district, automobile repair and automobile painting
facilities that abut a residential district and use require a CUP. However, those facilities
that do not abut a residential district and use are permitted and do not require a CUP.
Similarly, in the LMSD Light Manufacturing and Studio district, automobile repair and
automobile painting facilities that are within 100’ of a residential district require a CUP; all
other such facilities are permitted and do not require a CUP. Therefore, those existing auto
repair and painting facilities that do not abut a residential district and use in the M1 zoning
district and are not within 100’ of a residential district in the LMSD district are not subject to
the special conditions referenced above. All auto repair activities in the M1 and LMSD
zoning districts must occur within an enclosed building and no outdoor repair work is
permitted.
The City Council’s discussion did not focus on modifying the zoning ordinance
requirements affecting these businesses. Although residential uses are not prevalent in
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these areas, limited residential uses such as artist studios and congregate housing are
permitted in the M1 and LMSD zoning districts. Furthermore, existing auto repair facilities
may adversely impact the commercial and industrial land uses in the area.
Staff believes that the Council has four basic alternatives should it wish to address this
issue through a future text amendment:
1. Require the enclosure of existing outdoor hoists, but do not require
additional off-street parking spaces for the enclosure;
2. Require compliance with all the existing special conditions and development
standards for these auto repair businesses;
3. Require the same special conditions for these businesses as recommended
above for existing auto repair businesses;
4. Make no changes to existing provisions.
The Council may initiate a Resolution of Intention to direct the Planning Commission to
initiate further Zoning Ordinance amendments to address these issues.
CEQA Status
The text amendment contained in the proposed ordinance would have no significant
effects on the environment as only minor amendments to existing land use regulations
would result. Therefore, in accordance with Article 5, Section 15305 of the State of
California CEQA Statutes and Guidelines, the proposed ordinance is exempt from the
provisions of CEQA.
Public Notification
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A display advertisement was published in The Argonaut at least ten consecutive calendar
days prior to the hearing. In addition, notices were mailed to all auto repair facilities
throughout the City, to persons expressing interest in issues related to auto repair
activities, to neighborhood organizations and to persons who have expressed interest in
City policy issues. A copy of the notice is contained in Attachment B.
Budget/Financial Impact
The recommendation presented in this report does not have any budget or fiscal impact.
Recommendation
It is recommended that the Council conduct a public hearing and introduce for first reading
the attached ordinance amending SMMC Section 9.04.02.030.315 and Section
9.04.14.050.
Prepared by: Suzanne Frick, Director
Jay M. Trevino, AICP, Planning Manager
Amanda Schachter, Acting Principal Planner
Paul Foley, Associate Planner, City Planning Division
Planning and Community Development Department
Attachments: A. Proposed Ordinance (Attached)
B. Public Notice
C. Performance Based Standards Regarding Outdoor Repair
Activities at Existing Auto Repair Facilities
PF
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Council Mtg: November 23, 1999 Santa Monica, California
.
ORDINANCE NUMBER
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
AMENDING SECTION 9.04.02.030.315 AND SECTION 9.04.14.050 OF ARTICLE IX
OF THE SANTA MONICA MUNICIPAL CODE TO MODIFY THE ZONING
ORDINANCE FLOOR AREA RATIO DEFINITION RELATING TO THE ENCLOSURE
OF EXISTING OUTDOOR HOISTS, TO AMEND THE SPECIAL CONDITIONS FOR
AUTOMOBILE REPAIR FACILITIES RELATING TO ALLOWABLE OUTDOOR WORK
ACTIVITIES, LANDSCAPING AND OUTDOOR HOIST ENCLOSURES, TO ADD
PROVISIONS RELATED TO THE STORAGE OF RE-USABLE AUTOMOBILE PARTS,
THE ROAD TESTING OF VEHICLES AND VEHICLES AWAITING REPAIR, AND TO
REQUIRE EXISTING AUTOMOBILE REPAIR FACILITIES TO COMPLY WITH
SPECIAL CONDITIONS RELATED TO LIGHTING, LITTER, SOUND, AND STORAGE.
WHEREAS, Santa Monica Municipal Code Section 9.04.14.050, adopted in
September 1988, contains special conditions for the issuance of conditional use permits
related to the operation of auto repair facilities; and
WHEREAS, these special conditions are intended to ensure that these facilities
operate harmoniously with adjacent and surrounding uses and to mitigate potential
adverse impacts including noise, fumes, visual blight, and obstruction of traffic; and
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WHEREAS, Section 9.04.14.050 requires preexisting auto repair facilities to comply
with certain of these special conditions by September 1988; and
WHEREAS, Section 9.04.14.050 requires that existing automobile repair facilities
conform to various landscaping requirements including providing a landscaped area at
least two feet wide along the perimeter of the parcel and along building frontages,
excluding authorized driveways, so that no less than ten percent of the repair facility site
not occupied by structures is landscaped; and
WHEREAS, some existing automobile repair facilities have site characteristics,
including the placement of existing buildings, walls, fences and parking spaces which
make it exceedingly difficult to install the required landscaping; and
WHEREAS, Section 9.04.14.050(j) requires that all repair activities and operations
at automobile repair facilities be conducted entirely within an enclosed building, and
prohibits outdoor hoists; and
WHEREAS, under existing law, the enclosure of outdoor hoists would require the
provision of additional off-street parking; and
WHEREAS, in many cases it is very difficult or impossible for existing auto repair
businesses to provide additional off-street parking; and
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WHEREAS, Section 9.04.14.050(I) requires that new automobile repair facilities
comply with exterior lighting standards for commercial businesses; and
WHEREAS, Section 9.04.14.050(m) requires that new automobile repair facilities
maintain their premises in a neat and orderly condition with no used or discarded
automobile parts or disassembled vehicles stored outside the main building; and
WHEREAS, Section 9.04.14.050(n) requires that new automobile repair facilities
comply with requirements that commercial and industrial businesses limit noise associated
with loudspeakers, bells, gongs, buzzers or other noise attention or attracting devices to
no more than 45 decibels beyond the boundaries of the property; and
WHEREAS, Section 9.04.14.050(p) requires that new automobile repair
facilities use exterior parking areas for employee and customer parking only, not for the
repair or finishing work or long-term storage of vehicles, and prohibits vehicles under
repair from being parked on any street or alley; and
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WHEREAS, applying Sections 9.04.14.050(l), (m), (n) and (p) to existing automobile
repair facilities as well as new facilities will significantly aid in protecting adjacent
residential neighborhoods and ensuring compatibility with adjacent land uses and will have
a negligible impact on the ability of automobile repair facilities to conduct business; and
WHEREAS, the storage of re-usable automobile parts, the road testing of vehicles
and the covering of vehicles awaiting repair are matters of significant concern given their
impact on occupants of nearby and adjacent land uses; and
WHEREAS, certain limited outdoor work activities at auto repair facilities would not
adversely impact adjacent land uses provided the auto repair facility is not located directly
adjacent to or across an alley from a residential use or district; and
WHEREAS, on August 4, 1999 the Planning Commission conducted a public
hearing to adopt a Resolution of Intention which stated the Commissions intention to
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modify Section 9.04.02.030.315 and Section 9.04.14.050 of Article IX of the Santa Monica
Municipal Code pertaining to the special conditions for operation of auto repair facilities;
and
WHEREAS, on October 6, 1999, the Planning Commission held a public hearing on
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these proposed zoning text amendments; and
WHEREAS, the Planning Commission forwarded a recommendation to the City
Council to adopt zoning ordinance text amendments affecting the operations of new and
existing automobile repair facilities; and
WHEREAS, the City Council held a public hearing on the proposed Zoning
Ordinance Text Amendments on November 23, 1999; and
WHEREAS, the proposed amendments are consistent in principle with the goals,
objectives, policies, land uses, and programs specified in the adopted General Plan,
specifically Land Use Element Objective 1.2 which states that the Citys land use policies
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should ensure compatibility of adjacent land uses, with particular concern for protecting
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residential neighborhoods;” and
WHEREAS, Land Use Element Policy 1.2.4. requires, in part, that the Citys policies
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limit the number or control the location or otherwise mitigate the impacts of commercial
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uses such as alcohol outlets, gas stations, automobile repair shops; and
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WHEREAS, Land Use Element Policy 1.2.4 also provides While making provisions
A
for appropriate mitigation measures, insure adequate opportunities for service businesses,
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including gas stations, automobile parts stores, automobile repair shops and inexpensive
restaurants;” and
WHEREAS, the proposed amendments address the difficulties that existing
automobile repair establishments face in fulfilling certain Code requirements and reduce
the impact that auto repair activities have on surrounding uses and neighborhoods; and
WHEREAS, the City Council finds and declares that the public health, safety and
general welfare require the adoption of the proposed amendments to the Zoning
Ordinance because these provisions ensure that automobile repair facilities operate
harmoniously with and are compatible with adjacent and surrounding uses while providing
existing automobile repair establishments with greater flexibility to meet landscaping and
hoist-enclosure standards.
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 9.04.02.030.315 of the Santa Monica Municipal Code is
amended to read as follows:
Floor area
9.04.02.030.315 .
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The total gross horizontal areas of all floors of a building, including usable
basements and all areas measured from the interior face of exterior walls,
or a wall separating two buildings excluding:
(a) Stairways and stairwells;
(b) Elevators, elevator equipment rooms and elevator shafts;
(c) Ramps to a subterranean or semi-subterranean parking structure or ramps
between floors of a parking structure provided the ramp does not accommodate
parking;
(d) Unenclosed decks, balconies and platforms not used for commercial
or restaurant activity;
(e) Courtyards, arcades, atria, paseos, walkways and corridors open to
the outdoors whether or not covered by a roof provided they are not used
for commercial or restaurant activity;
(f) The volume above interior courtyards, atria, paseos, walkways and
corridors whether covered or not;
(g) Subterranean and semi-subterranean parking structures used
exclusively for parking and loading and unloading;
(h) At-grade parking not covered by a building, structure or roof;
(i) Loading docks open or covered by a roof or canopy, but otherwise
unenclosed and used exclusively for loading and unloading; (j)
Mechanical equipment rooms, electrical rooms, telephone rooms, and
similar space, if located below grade.
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(k) Enclosures constructed pursuant to Section 9.04.14.050(k) for outdoor
hoists in existence on the adoption of Ordinance Number 1452 (CCS).
Floor area shall include those areas occupied by the following:
(a) Restrooms, lounges, lobbies, kitchens, storage areas and interior
hallways and corridors;
(b) The floor area of interior courtyards, atria, paseos, walkways and
corridors covered by a roof or skylight;
(c) Covered at-grade parking;
(d) Above grade parking.
Floor area devoted to covered at-grade parking shall be counted at two-
thirds of the actual area if all of the following conditions are met:
(a) The floor devoted to parking does not exceed ten feet in height;
(b) There is at least one level of subterranean or semi-subterranean
parking provided on the parcel;
(c) The at-grade and above grade parking levels are screened from view;
(d) There is no parking on the ground floor within forty feet of the front
property line;
(e) The design of the parking levels is compatible with the design of the
building as determined by the Architectural Review Board.
SECTION 2. Section 9.04.14.050 of the Santa Monica Municipal Code is amended
to read as follows:
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Automobile repair facilities
9.04.14.050 .
The purpose of this Section is to provide for the mitigation of potential noise,
fumes, litter, and parking problems associated with automobile repair
facilities. The special conditions contained in this Section are intended to
ensure that automobile repair facilities operate harmoniously and are
compatible with adjacent and surrounding uses. In the interest of protecting
the health, safety, and general welfare of the City and its residents, special
conditions shall be imposed on automobile repair facilities, consistent with
the goals, objectives, and policies of the General Plan. The following special
conditions shall apply to automobile repair facilities:
Applicability
(a) . Automobile repair facilities may be permitted with the
approval of a Conditional Use Permit in those districts as provided in
Subchapter 9.04.08. Each automobile repair facility, including one which is
part of and incorporated within an automobile dealership, shall conform to
the property development standards of the district in which it is to be located,
with Section 9.04.12.040 or 9.04.14.060, and with this Section. Existing
automobile repair facilities shall be subject to those provisions of this Section
as are hereafter specifically described.
Minimum Lot Size
(b) . The minimum lot size for automobile repair facilities
not associated with an automobile dealership shall be seven thousand five
hundred square feet for new lots created by subdivision or combination after
the adoption of the ordinance codified in this Chapter.
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Setbacks.
(c) An automobile repair facility shall comply with the setback
requirements for the district in which it is located.
) Paving.
(d The site shall be entirely paved, except for buildings and
landscaping. Existing automobile repair facilities that are currently not paved
shall conform with this requirement within one year from the adoption of the
ordinance codified in this Chapter . Ordinance Number 1452 (CCS).
Landscaping
(e) . A landscape area at least two feet wide shall be provided
along the perimeter of the parcel and along building frontages, excluding
authorized driveways, so that no less than ten percent of the repair facility
site not occupied by structures is landscaped. In all other respects,
landscaping shall conform to the requirements of Part 9.04.10.04. Existing
automobile repair facilities shall comply with this subsection within one year
from the adoption of the ordinance codified in this Chapter Ordinance
Number 1452 (CCS) except where strict application of this subsection would
result in undue hardship by requiring the demolition or relocation of all or
part of an existing building, perimeter wall or fence or the elimination of
parking spaces. In any of these circumstances, an existing auto repair
facility may submit an alternative landscaping plan to the Architectural
Review Board which deviates from the requirements of this subsection solely
to the extent necessary to eliminate the hardship. The Architectural Review
Board shall approve this alternative landscaping plan provided this plan
would not adversely affect the public welfare and would not be detrimental or
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injurious to property and improvements in the surrounding area. Existing
automobile repair facilities entitled to submit alternative landscaping plans
shall comply with this subsection within six months from the effective date of
Ordinance 1963 (CCS).
Screening.
(f) If body repair work is performed by the facility, screening
approved by the Architectural Review Board shall be provided so that
vehicles awaiting repair shall not be visible from surrounding properties or
public rights-of-way. Existing automobile repair facilities shall comply with
this subsection within one year from the adoption date of the ordinance
codified in this Chapter. Ordinance Number 1452 (CCS).
) Structures
(g. Entrances to individual service bays shall not face abutting
residential parcels. All structures shall be constructed to achieve a minimum
Standard Transmission Coefficient (STC) sound rating of 45-50.
Refuse
(h) . Refuse storage areas shall comply with Section 9.04.10.02.150.
Lighting.
(i) All lighting shall comply with Section 9.04.10.02.270. Existing
automobile repair facilities shall comply with this subsection within three
months from the effective date of Ordinance 1963 (CCS).
Repair Activities
(j) . Except as provided in this subsection, all repair
activities and operations shall be conducted entirely within an enclosed
building. Outdoor hoists are prohibited and may not be operated. Work
activities may be conducted outdoors on the premises of automobile repair
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facilities lawfully in existence prior to September, 1988, provided the
following conditions are met: (1) the work consists of diagnostic services
which does not involve the removal of vehicular parts, battery charging and
replacement, replacement of fluids, wiper blades, fuses, and lamps, or tire
removal and replacement; (2) the work is performed within twenty (20) feet of
an existing building on the premises; (3) the work is performed entirely within
a clearly marked area not to exceed four-hundred (400) square feet; (4)
screening consistent with Section 9.04.01.04.080 is provided along street
frontages and along property perimeters which face residential uses and
zoning districts; (5) the work is performed only between the hours of 8:00
a.m. to 5:00 p.m. Monday through Friday and 8:30 a.m. to 4:00 p.m.
Saturday; and (6) the work does not involve the use of pneumatic tools.
Notwithstanding the above, if the auto repair facility is located directly
adjacent to or across an alley from a residential use or district, no
replacement of fluids or tire removal and replacement shall be conducted
outdoors. Existing automobile repair facilities shall comply with this
subsection within one year from the adoption of the ordinance codified in this
Chapter. Ordinance Number 1452 (CCS).
Enclosure
(k) . Automobile repair facilities performing body and fender work
or similar noise-generating activities shall be conducted in fully enclosed
structures with walls of concrete block or similar materials and doors in
maximum half open position during operating hours. All painting shall occur
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within a fully enclosed booth. Existing outdoor hoists prohibited by
subsection (j) shall be rendered inoperative, removed or fully enclosed in a
four-sided building with a roll-up or similar type door which is oriented away
from adjacent residentially-zoned properties. The outdoor hoist enclosure
shall be constructed and operated in a manner consistent with this
subsection. Pursuant to Section 9.04.02.030.315(k), enclosures for hoists in
existence on the adoption date of Ordinance Number 1452 (CCS) shall not
be included in calculating the sites floor area and no additional parking shall
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be required due to the enclosure of the outdoor hoists. Existing automobile
repair facilities shall comply with the hoist enclosure or removal requirement
within six months from the effective date of Ordinance 1963 (CCS). Once an
outdoor hoist is enclosed, the hoist may again be operated.
Hours of Operation
(l) . In all districts, except on parcels which are more
than one hundred feet from a residential district, no work shall be performed
on automobiles between the hours of eight p.m. and seven a.m., Monday
through Saturday, and no work shall be performed on Sundays, except as
follows. In the C4 District, in approving a Conditional Use Permit, the
Planning Commission or City Council on appeal may authorize Sunday
operations if all of the following are met:
(1) The facility's daily business is limited to automobile lubrication and fluid
maintenance services, air filter replacement, and/or windshield wiper
replacement services;
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(2) The facility has no vehicular access to or from a residential street;
(3) Sunday operations are prohibited before ten a.m. and after five p.m.;
(4) The application of paint to motor vehicles, the performance of body or
fender repair work, or the use of pneumatic tools or similar loud power tools
shall not be permitted to occur on Sundays;
(5) If the facility is located adjacent to a residential district:
(i) The facility is separated from the residential district by a public alley or
other public right-of-way, an appropriate physical barrier such as a brick or
block wall which buffers adjacent residences from noise, and an appropriate
landscape buffer, and
(ii) The garage doors to the service bays do not face the residential district.
Litter
(m) . The premises shall be kept in a neat and orderly condition at all
times and all improvements shall be maintained in a condition of reasonable
repair and appearance. Except as provided herein, no used or discarded
automotive parts or equipment or permanently disabled, junked or wrecked
vehicles may be stored outside the main building. Reusable or recyclable
automobile parts, may also be stored in containers measuring no greater
than 6' in width x 9' in length x 6' in height. An auto repair facility seeking to
utilize storage containers shall submit an application to the Architectural
Review Board for review pursuant to Municipal Code Section 9.32.140 and
to the City's Fire Marshal for review to ensure that the container or the
storage materials do not present a fire or safety hazard. Existing automobile
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repair facilities shall comply with this subsection within three months from the
effective date of Ordinance 1963 (CCS).
Sound
(n) . Sound generated from the repair facility shall comply with
Section 9.04.10.02.310. Existing automobile repair facilities shall comply
with this subsection within three months from the effective date of Ordinance
1963 (CCS).
Abandonment.
(o) Any legal nonconforming automobile repair facility that is
closed continuously for a period of at least six months shall be declared
abandoned, except when caused by an act of nature, provided
reconstruction of the building is commenced within one year of the date the
damage occurs and is diligently completed.
Storage
(p) . An exterior parking area shall be used for employee and
customer parking only and not for the repair or finishing work or long-term
(over one week) storage of vehicles. No vehicles to be repaired shall be
parked or stored on any street or in any alley. Existing automobile repair
facilities shall comply with this subsection within three months from the
effective date of Ordinance 1963 (CCS).
Test Driving
(q) . Road testing of vehicles on residential streets is prohibited.
All road testing shall be conducted on streets designated by the City as
major collector streets. Automobile repair facilities shall prepare plans
detailing the road testing route and shall submit these plans to the City’s
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Transportation Management Division for approval. Each automobile repair
facility operator shall notify its employees of the City approved route and
shall ensure employees adhere to the plan. Existing automobile repair
facilities shall comply with this subsection within three months from the
effective date of Ordinance 1963 (CCS).
Vehicles awaiting repair and disassembled vehicles
(r) . All vehicles
awaiting repair shall be parked on-site. No vehicles shall be parked on a
public street, including those towed to the automobile repair facility. The
hoods of vehicles awaiting parts or repair shall remain closed at all times
while work is not being performed. Any disassembled vehicles awaiting parts
or repair for 24 hours or longer shall be covered. Existing automobile repair
facilities shall comply with this subsection within three months from the
effective date of Ordinance 1963 (CCS).
SECTION 3. 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
affect the provisions of this Ordinance.
SECTION 4. 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
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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 5. 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:
MARSHA JONES MOUTRIE
City Attorney
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