SR-402-006 (2)
lE
OCT 1 4 2003
F :\PLAN\S HARE\COU N Cl L \STOAS\2003\03APP008.doc
Council Mtg: October 14, 2003
Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Certification of the Statement of Official Action for Appeal 03-008 of the
Planning Commission's Denial of a Zone Change (02-036), Text
Amendment (02-007), and Conditional Use Permit (02-009) for an Existing
Car Wash Operation Located at 2800 Lincoln Boulevard (Bonus Car
Wash). Applicant / Appellant: RTK Architects
INTRODUCTION
This staff report transmits for City Council certification the Statement of Official Action
for Appeal 03-008 of the Planning Commission's Denial of a request to expand and
intensify a legal nonconforming car wash operation.
On August 12, 2003 the City Council denied the appeal, upholding the Planning
Commission's determination, by a vote of 6-0. The City Council's decision was based
upon the findings contained in the attached Statement of Official Action.
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report does not have any budget or fiscal impact.
RECOMMENDATION
It is recommended that the City Council approve the attached Statement of Official
Action.
lE.
OCT I 4 2003
Prepared by: Suzanne Frick, Director
Jay Trevino, AICP, Planning Manager
Amanda Schachter, Principal Planner
Jonathan Lait, AICP, Senior Planner
Planning and Community Development
Attachment: Statement of Official Action
CITY OF SANTA MONICA
CITY COUNCIL
STATEMENT OF OFFICIAL
ACTION
PROJECT
CASE NUMBER: 03APP008
LOCATION: 2800 Lincoln Boulevard (Bonus Car Wash)
APPLICANT: RTK Architects
APPELLANT: RTK Architects
PROPERTY
OWNER: Prince Investment, Inc.
CASE PLANNER: Jonathan Lait, AICP, Senior Planner
REQUEST: Appeal 03APP-008 of the Planning Commission's Denial
of Zone Change 02-036, Text Amendment 02-007, and
Conditional Use Permit 02-009 to Rezone an OP2 Lot to
an OP2A Designation and to Amend Santa Monica
Municipal Code Section 9.04.08.38.050 to Allow Canopy
Structures, Temporary Parking and Wipe-down Areas in
Support of Existing Car Wash Operations in the "A"
Overlay District, Su bject to a Conditional Use Permit.
CEQA STATUS: The project is exempt from the provisions of the California
Environmental Quality Act (CEQA), pursuant to Section
15601 (b) (4) of the State Implementation Guidelines in
that environmental review is not required for projects that
will be rejected or disapproved by a public agency.
1
CITY COUNCIL ACTION
AUQust 12.2003 Date.
Approved based on the following findings and subject to the
conditions below.
x
Denied.
Other.
EFFECTIVE DATEQF A(';TION:. August 12,2003
EXPIRATION DATE OF ANY PERMIT GRANTED: N/A
LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATES: N/A
Each and all of the findings and determinations are based on the competent and
substantial evidence, both oral and written, contained in the entire record relating to the
Project. All summaries of information contained herein or in the findings are based on
the substantial evidence in the record. The absence of any particular fact from any
such summary is not an indication that a particular finding is not based in part on that
fact.
FINDINGS
ZONE CHANGE FINDINGS
1 The proposed zone change is not consistent in principle with the goals,
objectives, policies, land uses, and programs specified in the adopted General
Plan in that the proposed use of the OP2 lot, along with the proposed
applications to allow for such use, conflicts with City-wide objectives and policies
established in the Land Use and Circulation Element. Specifically, Objective 1.2
which i~ to ensure compatibility of adjacent land uses, with particular concern for
protecting residential neighborhoods and Policy 1.2.2 which states, "surface
parking lots zoned residential adjacent to highway commercial corridors when
redeveloped, should be reserved for residential use or public open space on the
surface". Furthermore, the rezoning of the OP2 parcel to an OP2A designation
would not be consistent with the City-wide Objectives, specifically 1.1 that seeks
to protect the quality of life in all residential neighborhoods in that the rezoning
along with the proposed text amendment would allow expanded auto related
commercial activities directly adjacent to residential neighborhoods. Anticipated
impacts include increased vehicular traffic and noise associated with active
2
vehicle cleaning on a parcel that has historically been used as a passive parking
lot and is residentially zoned. Noise from car alarms, the multiple closing of car
doors, horns and employees yelling to attract customer attention are activities
and noises that would frequently be generated on site.
2 The public health, safety, and general welfare does not require the adoption of
the proposed zone change in that the proposed zone change would extend
commercial use of land further into a residential neighborhood thereby creating
a situation where residential uses would be further impacted by noise, negative
aesthetics, minimal setbacks, and lack of transition. This action would be
counter to Land Use Policy 1.2.2 which states, "surface parking lots zoned
residential adjacent to highway commercial corridors when redeveloped, should
be reserved for residential use or public open space on the surface".
TEXT AMENDMENT FINDINGS
1 The proposed text amendment is not consistent in principle with the goals,
objectives, policies, land uses, and programs specified in the adopted General
Plan in that the proposed use of the OP2 lot, along with the proposed
applications to allow for such usage, is counter to the City-wide Objectives and
policies established in the Land Use and Circulation Element. Specifically,
Objective 1.2 which is to ensure compatibility of adjacent land uses, with
particular concern for protecting residential neighborhoods and Policy 1.2.2
which states, "surface parking lots zoned residential adjacent to highway
commercial corridors when redeveloped, should be reserved for residential use
or public open space on the surface". Furthermore, the proposed text
amendment would not be consistent with the City-wide Objectives, specifically
1.1, which seeks to protect the quality of life in all residential neighborhoods.
Specifically, the proposed text amendment would allow expanded auto related
commercial activities directly adjacent to residential neighborhoods. Anticipated
impacts include increased vehicular traffic and noise associated with active
vehicle cleaning on a parcel that has historically been used as a passive parking
lot and is residentially zoned. Noise from car alarms, the multiple closing of car
doors, horns and employees yelling to attract customer attention are activities
and noises that would frequently be generated on site.
2 The public health, safety, and general welfare does not require the adoption of
the proposed text amendment in that the proposed text amendment would
extend commercial use of land further into a residential neighborhood thereby
creating a situation where residential uses would be further impacted by noise,
negative aesthetics, minimal setbacks, and lack of transition. This action would
be counter to Land Use Policy 1.2.2 which states, "surface parking lots zoned
residential adjacent to highway commercial corridors when redeveloped, should
be reserved for residential use or public open space on the surface".
3
CONDITIONAL USE PERMIT FINDINGS
The proposed use is not conditionally permitted within the subject district and
does not comply with all of the applicable provisions of the City of Santa Monica
Comprehensive Land Use and Zoning Ordinance. Specifically, the requested
expansion and intensification of the existing legal nonconforming car wash use
requires a Conditional Use Permit for the entire site, pursuant to the standards
contained in the nonconforming chapter of the Zoning Ordinance. However, the
requested expansion to the adjacent OP2 lot is not a permitted use in this
residential district. The applicant filed a Zone Change and Zoning Ordinance Text
Amendment to allow commercial use of the residential property, subject to a
Conditional Use Permit. The City Council, in its review of the proposed text
amendment and zone change, denied this request based upon the detrimental
impacts it would cause to the adjoining residential neighborhood and
inconsistency with the General Plan. Therefore, the request for a Conditional Use
Permit must be denied.
VOTE
Ayes:
Nays:
Abstain.
Absent:
Feinstein, Genser, Holbrook, McKeown, O'Connor, Mayor Bloom
Katz
NOTICE
If this is a final decision not subject to further appeal under the City of Santa Monica
Comprehensive and Zoning Ordinance, the time within which judicial review of this
decision must be sought is governed by Code of Civil Procedures Section 1094.6, which
provision has been adopted by the City pursuantto Municipal Code Section 1.16.010.
I hereby certify that this Statement of Official Action accurately reflects the final
determination of the City Council of the City of Santa Monica.
~~IJ-jl...>J-
MARIA M . STEWART\: City Clerk
lO-l 5 O~
Date
4