SR-401-045 (5)
PCD:SF:JT:AS:PF:
f:\plan\share\council\ord\2ndreadautorepair.doc
Council Mtg: December 14, 1999 Santa Monica, California
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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
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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;
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(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:
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,
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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.
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 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 Ordinance Number 1452 (CCS) except where
strict application of this subsection would result in undue hardship by
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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 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 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.
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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. Existing automobile repair
facilities shall comply with this subsection within one year from the adoption
of Ordinance Number 1452 (CCS). Notwithstanding Section 9.04.18.030,
work activities may continue to be conducted outdoors on the premises of
automobile repair facilities lawfully in existence prior to September, 1988,
provided the following conditions are met:
(1) the work is performed within twenty feet of an existing building;
(2) the work is performed entirely within a clearly marked area
which is at least fifty feet from the nearest residence and which does not
exceed fifty percent of the facility’s existing outdoor area or four-hundred
(400) square feet, whichever is greater;
(3) the work does not involve the use of pneumatic tools or power
tools unless battery-powered;
(4) the work is not audible at the property line of the nearest
residence;
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(5) street frontage is screened consistent with Section
9.04.10.04.080;
(6) side and rear yards, not fronting a street, are screened
consistent with subsection (f) of this Section;
(7) outdoor work was conducted on or before May 11, 1999; and
(8) 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.
Automobile repair facilities lawfully in existence prior to September,
1988 which service and repair oversized vehicles outdoors on their premises
may continue to work on these vehicle outdoors without being subject to the
limitations set forth in this subsection if the vehicles cannot be serviced and
repaired within existing buildings due to the size of the vehicles.
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 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 and uses. The outdoor
hoist enclosure shall not exceed 18 feet in width by 28 feet in length and
shall be constructed and operated in a manner consistent with this
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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;
(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;
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(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 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
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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, non-residential collector streets. Automobile repair facilities
shall prepare plans detailing the road testing route and shall submit these
plans to the City’s 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).
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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
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.
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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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