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SR-401-045 (7) PCD:SF:JT:AS:PF: f:\plan\share\council\ord\repairauto.doc Council Mtg: January 18, 2000 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 1 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 2 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 3 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 outdoor work area is not located within fifty (50) feet of 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 = 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 4 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 public hearings on the proposed Zoning Ordinance Text Amendments on November 23, 1999 and January 18, 2000; 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 = should ensure compatibility of adjacent land uses, with particular concern for protecting A residential neighborhoods;” and WHEREAS, Land Use Element Policy 1.2.4. requires, in part, that the Citys policies = limit the number or control the location or otherwise mitigate the impacts of commercial A uses such as alcohol outlets, gas stations, automobile repair shops; and @ WHEREAS, Land Use Element Policy 1.2.4 also provides While making provisions A for appropriate mitigation measures, insure adequate opportunities for service businesses, 5 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 . 6 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. 7 (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: 8 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. 9 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 10 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, Sscreening 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 that perform body repair work shall comply with this subsection within one year from the adoption date of the ordinance codified in this Chapter. Ordinance 1452 (CCS). All other auto repair facilities shall comply with this subsection within six months of the effective date of Ordinance 1963 (CCS). ) Structures (g. Entrances to individual service bays shall not face abutting residential parcels and uses. 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 11 building. Outdoor hoists are prohibited. 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). Notwithstanding Section 9.04.18.030, work activities may 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 property line of 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; (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) the work is 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. (8) outdoor hoists are not utilized. 12 Automobile repair facilities lawfully in existence prior to September, 1988 which service and repair oversized vehicles outdoors on their premises may work on these vehicles without being subject to the area limitations set forth in subdivisions (1) and (2) of this subsection (j) 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 automobile repair facilities with structures that have two doors providing vehicular access to individual service bays shall be required to leave any door facing a residential district or use fully closed during repair activities. 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 enclosures shall not exceed 18 feet in width by 28 feet in length, shall be constructed in a manner consistent with subsection (g), and shall not be required to be constructed with walls of concrete block or similar materials unless body and fender work or similar noise generating activities are being conducted. Such enclosures shall be operated in a manner consistent with 13 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 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), but as provided by subsection (j), outdoor hoists shall not be operated pending their removal or enclosure. 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.; 14 (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 repair facilities shall comply with this subsection within three months from the effective date of Ordinance 1963 (CCS). 15 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 Transportation Management Division for approval. Each automobile repair facility operator shall notify its employees of the City approved route and 16 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 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 17 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 f:\plan\share\council\ord\autorepair.doc 18