SR-402-008
PCD:SF:JT:SK:JM:f:\plan\share\council\strpt\00app063.doc
Council Mtg. May 2, 2000 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Appeal of Planning Commission Approval of Conditional Use Permit 99-032
to Allow an Addition to an Existing Saab Automobile Dealership and Repair
Facility at 3020 Santa Monica Boulevard. Applicant: Herb Katz, RTK
Architects. Appellant: Ed Simonian. Property Owner: Judith A. Richards
Company Trust, et al.
INTRODUCTION
This report recommends that the City Council deny the appeal and uphold the Planning
Commission’s approval of Conditional Use Permit 99-032 to allow the construction of
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A two-story 9,445 square foot addition for a showroom, offices, and parts
department;
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A one-story, 345 square foot building for a service advisory office;
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24 at-grade parking spaces;
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A subterranean parking garage with 41 spaces.
On March 1, 2000 the Planning Commission voted 6-1to approve the proposed project.
The Planning Commission staff report and Statement of Official Action (STOA) are
contained in Attachment A and B, respectively. The Planning Commission decision was
subsequently appealed.
BACKGROUND
The subject property is within the C-4, Highway Commercial District, and consists of five
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lots comprising approximately 35,330 square feet in area. Currently, the site is occupied
by three buildings: a 11,514 square foot, one-story service building with a mezzanine, a
one-story, 1,940 square foot office and auto repair building, and a 345 square foot office
building.
Project Description
The project will be an addition to an existing Saab automobile dealership and repair
facility. The showroom/office building will include 2,210 square feet of automobile display
area, 2,314 square feet of office area, and 705 square feet of retail parts and parts storage
area on the first floor. The second floor will be approximately 3,300 square feet, which will
include 555 square feet of office space, a 710 square foot conference room and 828
square feet of unfinished area for future tenant improvements. The demolition of the repair
and office building will allow space for a 345 square foot service advisory office, a surface
parking lot with 25 parking spaces and a 41 space subterranean parking garage. The
parking areas will be accessed from Santa Monica Boulevard with an additional exit onto
Santa Monica Place South Alley.
The construction for the project will occur in two phases. Phase One will consist of the
construction of the subterranean parking structure and the on-grade facilities above the
parking structure with the exception of the 345 square foot service advisory office and
trellis. The construction area will be contained within the western portion of the lot. During
Phase One, the inventory of cars will be reduced to twenty-five vehicles, which will be
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stored on the existing surface parking area located in the northeast corner of the lot.
Phase Two will commence after completion of the subterranean garage and new surface
lot. Construction will include the new showroom and office addition as well as the service
advisor building and trellis proposed on the west side of the exiting building. The inventory
of 25 cars will be relocated to the new surface lot on the west side of the lot. During
construction, the dealership offices will be temporarily placed within an existing office
structure located at 3012 Santa Monica Boulevard.
Planning Commission Action
At the March 1, 2000 hearing, the Planning Commission approved the project with three
additional conditions. Three members of the public addressed the project. A
representative of the Mid-Cities Neighborhood Association spoke in favor of the project
with the following conditions: that access to the subterranean parking garage be provided
from Santa Monica Boulevard and not the adjacent alley; that all employees park on the
site and not the adjacent residential streets; and that the site include a left turn only sign at
the exit onto Berkeley Street to direct traffic immediately to Santa Monica Boulevard and
away from the adjacent residential neighborhood. Although the Planning Commission
only addressed access from the alley as a condition of approval, after reviewing the plans
and staff report, this member of the public was satisfied that the concerns were addressed.
Two neighbors cited concerns that the project will increase the level of noise emanating
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from the existing repair facility and delivery trucks will increase traffic and congestion along
the abutting alley and residential streets. The applicant responded that the noise level will
not be increased by the project and that the traffic will be reduced along the residential
streets since ample parking will be provided in the proposed subterranean parking garage.
The applicant also reiterated that the conditions of approval require an alley control and
test-driving plan, which had already received the Transportation Management Division’s
approval. The alley control and test driving plan prohibits test driving on the alley and
residential streets and includes a left turn only sign at the Berkeley Avenue exit and a
right-turn only sign at the intersection of the alley and Stanford Street. These signs will
direct traffic onto Santa Monica Boulevard and away from the residential neighborhood. In
addition, the Planning Commission added a condition that the proposed south property line
gate abutting the alley should only be opened for refuse pick-up and for a secondary
egress for customers when service queues congest the site. The applicant stated that the
gate at all other times would be closed.
In approving the project, the Commission discussed the public concerns and, in particular
addressed noise impacts. The Commission examined several options to mitigate noise,
including raising the height of the wall proposed along the alley and keeping the bay door
to the existing service repair facility closed during operation. The Commission also
discussed delivery hours and the appropriate drop off location for deliveries. The
Commission agreed that the delivery hours should be limited to reduce noise and
disruption affecting the residential area.
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No condition to raise the wall height was approved; however, the Commission directed the
Architectural Review Board to examine the wall height in conjunction with landscape and
irrigation plans since the wall height and screening requirements are subject to Board
review. No condition was included to keep the service bay door closed since this condition
would be unenforceable since the repair operation requires the use of the door for egress
and ventilation.
The Commission approved the project with three additional conditions: (a) that the
Architectural Review Board pay particular attention to the height of the wall and
landscaping requirements along the alley to appropriately screen the project and to
mitigate noise generated from traffic and from the site (Condition #21); (b) that the use of
the alley egress/ingress be limited to business patrons exiting the site and to refuse trucks
(Condition #14); and (c) that deliveries shall be prohibited between 11:00 p.m. and 6:00
a.m. and all day on Sundays (Condition #50).
APPEAL
Ed Simonian, owner and resident of a six-unit apartment building located at 1420 Berkeley
Street, appealed the Planning Commission decision. The appeal statement is contained in
Attachment C. The appellant states that the project interferes with the peaceful
atmosphere of the residential neighborhood and that the project is not compatible with the
area since it does not protect the adjacent neighborhood from noise, traffic, and the use of
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the abutting alley. In order to protect the neighborhood, the appellant offers six additional
conditions that he believes the Commission failed to address. The conditions, followed by
staff comments are listed below:
1. The business should be completely separated from the neighborhood and operate via
access from Santa Monica Boulevard.
Staff believes that the project is adequately separated from the adjacent residential
district. Santa Monica Place South Alley physically separates commercial uses from
the residential neighborhood south of the alley. The proposed project and the
ingress/egress to the surface and subterranean parking are oriented toward Santa
Monica Boulevard and will not encroach upon the residential district. The project
results in greater separation between the dealership and the residential district than
what exists today due to the removal of the four service bays which abut the alley.
Although the placement of this building currently prevents alley access to the site, staff
believes that the activities in this building, which include small service jobs, contribute
to the area noise impacts. The replacement of this building with a solid wall with one
gate, landscaping and parking spaces will reduce the activity level along the alley near
the residential uses and enhance the buffer between the uses. In addition, the
#
Planning Commission addedSpecial Condition 14 to require the proposed gate
adjacent to the alley to be opened only for refuse pick-up and as a secondary egress
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for customers. Further, the project will reduce the outdoor activity level by relocating
the majority of display vehicles and sales activities within an enclosed building and by
providing employee and customer parking within the subterranean parking garage.
2. The wall proposed along the south property line, abutting the alley, should be higher
than 8’ in height to attenuate noise from the increased volume of car servicing/sales
and the number of employees.
It is anticipated that the number of cars serviced will remain the same and the number
of cars currently on-site for sale and/or service will be reduced as part of the project’s
parking, storage and off-loading agreements. The project, including existing
improvements, requires 51 parking spaces designated for customer and employee
parking. This includes customers seeking auto repair services. To accommodate
these spaces on-site, the amount of vehicles displayed outdoors will be limited to the
excess spaces within the surface parking lot. This will reduce the current inventory of
30 plus outdoor display vehicles to 9 outdoor vehicles as stated in Special Condition
#5. Excess inventory will be stored at Buerge Motor Car Company, as agreed by the
proprietors of Buerge Motor Car Company and Saab Dealership.
Code requirements limit the height of the wall to a maximum of 8 feet in height.
However, staff believes that the Planning Commission adequately addressed the
appellant’s concern by the addition of Condition #21 that directs the Architectural
Review Board to “pay particular attention to the height of the wall and landscaping
requirements along the alley to appropriately screen the project and to mitigate noise
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generated from traffic and from the site.” At the hearing, the applicant also proposed to
incorporate sound treatment designs within the wall to help mitigate any noise.
3. Machines contributing to noise should be contained within enclosed areas.
The project does not propose the installation of any unenclosed mechanical equipment.
In addition, Special Conditions # 16 and # 47 implement noise controls for all noise
generating equipment and mechanical equipment, respectively.
4. The wall proposed along the south property line should be solid, with no gate or
vehicular access to and from the alley. The solid wall would provide more separation
from the alley and adjacent residential district and would preclude use of the alley by
customers and employees for site access.
The Planning Commission discussed the utilization of the gate abutting the alley and
added Special Condition #14, which limits alley access through the gate to refuse pick-
up and exiting business customers only. Staff believes limiting alley access to the site
effectively buffers the neighborhood from traffic associated with the dealership and
supports the necessity of the gate to provide access to and from the alley for refuse
pick-up. As required per Code, the project includes construction of a refuse enclosure
on the southeast corner of the existing service building and adjacent to the surface
parking lot and loading zone. While the relocation of the refuse area would not
preclude the use of the alley for refuse pick-up, the gate will allow for refuse pick-up
without difficulty in maneuverability.
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5. No business should be conducted from the alley.
The project does not propose conducting business within the alley. Special Condition
#12 prohibits the use of the alley for test-driving. In addition, S.M.M.C. Section
9.04.14.050 prohibits automobile repair activities outside an enclosed building. All
automobile repair and service will occur within the existing 10,500 square foot service
building.
6. A method should be devised to ensure that the employees park on the subject site and
not within the residential streets.
Currently, the site has 40 parking spaces on-site, with more than half occupied by
vehicles for sale or for service. As a result, employees park along Berkeley Street
because parking is not available on-site. The project will provide 51 parking spaces
which will be used exclusively for employee and customer parking. Approval of the
project includes Special Condition #5, which states that employee and customer
parking be designated and clearly marked on site and that the designated spaces may
only be used for customer and employee parking. Within the subterranean parking
garage, employees and customers will have 36 parking spaces designated. The
surface parking lot will contain 15 parking spaces for customers and 9 spaces
designated for outdoor display vehicles. Due to the number of required parking spaces
and the implementation of Special Condition #5, no more than 9 outdoor vehicles can
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be parked on-site for sale or display. As per Special Condition # 8, additional storage
of vehicles for sale or display will be provided off-site at Buerge Motor Car Company
located at 11775 Mississippi Avenue in West Los Angeles. Vehicles for sale, display,
or otherwise contributing to the dealership’s inventory cannot be stored or placed within
the subterranean parking garage since the area used to store vehicles would count as
floor area, thus increasing the number of required parking spaces while reducing the
availability of parking for employees and customers. In addition, storage of vehicles
within the subterranean parking garage would increase the floor area beyond 10,000
square feet, the maximum floor area permitted to be categorically exempt from the
CEQA State Implementation Guidelines.
Conclusion
Staff believes that the conditions of approval address the appellant’s concerns by
implementing an alley control and test driving plan which will direct traffic exiting the site
away from the residential uses and prohibits the use of alley and residential streets for
test-driving. In addition, the project will improve the Saab dealership’s existing conditions
by providing eleven more parking spaces than currently exist on-site and by implementing
conditions of approval that require fifty-one parking spaces to be designated exclusively
for employees and customers. The availability of fifty-one parking spaces will minimize the
number of customers and employees parking along the residential streets. Finally, the
noise sources will be reduced by demolishing the existing building with four service bays, a
contributor to auto service activity, which abuts the alley. The 8-foot high solid wall with a
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gate proposed along the alley will also help to mitigate the on-site noise sources. The
Planning staff recommends that the decision of the Planning Commission be upheld.
CEQA STATUS
The proposed project is categorically exempt from the provisions of CEQA pursuant to Section
15301(e)(2) of the State Implementation Guidelines, which exempts additions of up to 10,000
square feet to existing structures where public facilities are available and the area in which the
project is located is not environmentally sensitive.
PUBLIC NOTICE
Pursuant to Municipal Code Section 9.04.20.20.080, within 30 days after the subject
application was deemed complete, the applicant posted a sign on the property stating the
following information: Project case number, brief project description, name and telephone
number of applicant, site address, date, time and location of public hearing, and the City
Planning Division phone number. It is the applicant's responsibility to update the hearing
date if it is changed after posting.
In addition, pursuant to Municipal Code Section 9.04.20.22.050, notice of the public
hearing was mailed to all owners and residential and commercial tenants of property
located within a 500 foot radius of the project and published in the “Our Times” section of
the Los Angeles Times at least ten consecutive calendar days prior to the hearing. A copy
of the notice is contained in Attachment D.
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BUDGET/FINANCIAL IMPACT
The recommendation presented in this report does not have any budget or fiscal impact.
RECOMMENDATION
It is respectfully recommended that the City Council deny the appeal and uphold the
Planning Commission’s approval of Conditional Use Permit 99-032 based on the following
findings and conditions:
CONDITIONAL USE PERMIT FINDINGS
1. The proposed use is one conditionally permitted within the subject district and
complies with all of the applicable provisions of the City of Santa Monica
Comprehensive Land Use and Zoning Ordinance, in that the proposed additions
and subterranean garage will provide a showroom with more pedestrian orientation
and landscaping along Santa Monica Boulevard and will provide ample customer
and employee parking. The additions comply with the C4, Commercial District
Development Standards of the Zoning Ordinance and are consistent with the
Service and Specialty Commercial Areas Section of the Land Use Element of the
General Plan.
2. The proposed use would not impair the integrity and character of the district in
which it is to be established or located, in that the additions will not significantly
increase the activity on the subject property, will replace the cars displayed on a
larger surface lot with enclosed display areas and within a portion of the surface
parking lot, and will redirect the majority of the sale and repair activity away from
the abutting residential area and toward the Santa Monica Boulevard frontage. In
addition, plans for test driving, control of alley and queuing plan has been approved
by the Transportation Management Division. Test-driving will be directed away
from residential streets and additional signage will be posted that will also direct
traffic away from residential streets and alleys. This will reduce the flow of traffic
and will mitigate noise.
3. The subject parcel is physically suitable for the type of land use being proposed, in
that the property is currently developed as an automobile dealership and repair
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facility and can accommodate the necessary public improvements and access to
utilities.
4. The proposed use is compatible with any of the land uses presently on the subject
parcel if the present land uses are to remain, in that the proposed additions and
subterranean garage will function as a showroom for automobiles which will enclose
the majority of the existing outdoor storage and will replace and expand offices for
sales and services to support the existing automobile dealership.
5. The proposed use would be compatible with existing and permissible land uses
within the district and the general area in which the proposed use is to be located,
in that the showroom addition will provide the same function and occupy only a
slightly larger area as the existing outdoor automobile display and sales area and
will provide more pedestrian orientation along Santa Monica Boulevard. In addition,
the existing four-bay service building along the south property line will be
demolished, which will reduce the amount of repair activity adjacent the residential
uses to the south. Test-driving will take place along the collector and arterial
streets. Access to the dealership will be provided from Santa Monica Boulevard
which will also reduce traffic noise and congestion along Santa Monica Place Alley.
In addition, signage to reduce the flow of traffic along the alley and residential area
will be posted.
6. There are adequate provisions for water, sanitation, and public utilities and services
to ensure that the proposed use would not be detrimental to public health and
safety, in that the proposed development is an infill of urban land adequately served
by existing infrastructure.
7. Public access to the proposed use will be adequate, in that the site is served by
Santa Monica Boulevard, an arterial street and Santa Monica Place alley. Customer
parking and pedestrian access will be provided from the surface parking lot onto
sidewalks adjacent to the north side of the proposed building. In addition, the site is
accessible via Big Blue Bus lines that run east to west on Santa Monica Boulevard
(Line #1) and a north-south route along Centinela with a connection along Santa
Monica Boulevard (Line#14).
8. The physical location or placement of the use on the site is compatible with and
relates harmoniously to the surrounding neighborhood, in that the development will
have frontage along Santa Monica Boulevard, a commercial corridor and will not
encroach upon the side property adjacent to the existing residential district; that all
setbacks, lot coverage height, and screening requirements for auto dealerships
within a C4 District have been met and the scale of the building is compatible with
the surrounding uses fronting Santa Monica Boulevard and is subject to
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Architectural Review Board approval. In addition, the orientation of the
entrance/exit to the surface parking lot and the subterranean parking garage will
direct the majority of traffic along Santa Monica Boulevard. Additional signage will
preclude traffic exiting from the alley to continue along the residential streets.
9. The proposed use is consistent with the goals, objectives, and policies of the
General Plan, in that the area is defined as a Service and Specialty Commercial
District which encourages the continuance of auto sales as a major revenue source
for the City and a higher intensity of auto dealerships. In addition, this District
encourages new construction to have some portion of its front façade along the
front property line. The project includes a showroom addition with frontage along
Santa Monica Boulevard. Further, the project meets all screening and landscape
required for automobile dealerships.
10. The proposed use would not be detrimental to the public interest, health, safety,
convenience, or general welfare, in that the project is a compatible use in the C4,
Highway Commercial District and complies with the provisions of the Zoning
Ordinance and the General Plan.
11. As conditioned, the proposed use conforms to the applicable conditions contained
in Subchapter 9.04.20.12 and special conditions for conditional use permits for
automobile dealerships contained in Subchapter 9.04.14.050 of the City of Santa
Monica Comprehensive Land Use and Zoning Ordinance, in that the project is a
permitted use within the C4, Commercial District and that the project design will
meet all required setbacks, maximum height restrictions, lot coverage, parking, and
landscaping. In addition, the operation of dealership meets special conditions for
dealerships by directing traffic away from adjacent residential uses, will provide a
vehicular off-loading off-site on private property. Further, no repair or service will
occur outside of an enclosed building and a test-driving plan, queuing plan, alley
control plan and operation of on and off-loading has been approval by the
Transportation Management Division.
12. The proposed use will not result in an over-concentration of such uses in the
immediate vicinity, in that the project involves an addition to an existing auto
dealership without expanding the site’s boundaries and is located within the Service
and Specialty Commercial District which encourages the retention of auto
dealerships.
CONDITIONAL USE PERMIT CONDITIONS
Plans
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1. This approval is for those plans dated 11/16/99, except as amended by Conditions
#5, #25, and #26. A copy of which shall be maintained in the files of the City
Planning Division. Project development shall be consistent with such plans, except
as otherwise specified in these conditions of approval.
2. The Plans shall comply with all other provisions of Chapter 1, Article IX of the
Municipal Code, (Zoning Ordinance) and all other pertinent ordinances and General
Plan policies of the City of Santa Monica.
3. Final parking lot layout and specifications shall be subject to the review and
approval of the Transportation Management Division.
4. Minor amendments to the plans shall be subject to approval by the Director of
Planning and Community Development. A significant change in the approved
concept shall be subject to Planning Commission Review. Construction shall be in
conformance with the plans submitted or as modified by the Planning Commission,
Architectural Review Board or Director of Planning and Community Development.
Special Conditions for Automobile Dealerships
5. Parking and Vehicle Storage. As per Part 9.04.10.08 of the Municipal Code, fifty-one
parking for employees and customers shall be provided on-site. The fifty-one spaces
shall be clearly designated for customers and employees only and shall not include
tandem parking spaces. Employee and customer parking shall be provided at no
charge. A maximum of nine spaces within the surface parking lot may be utilized for
outdoor vehicle display. No portion of the subterranean garage may be used for
vehicle storage, display or other use contributing to the dealership’s inventory.
6. Display and non-display of areas shall be screened in accordance with Section
9.04.10.04 of the Municipal Code. A minimum 2’ landscape and decorative curb strip,
where feasible, shall be provided along the street frontage perimeter of all vehicle
display areas. Landscape materials shall be designed to provide an opaque visual
buffer at least twelve inches in height.
7. All lighting shall comply with Section 9.04.10.02.270 of the Santa Monica Municipal
Code.
8. Loading and Unloading of Vehicles. As per the letter of agreement dated November
17, 1999 between Buerge Motor Car Company and Saab of Santa Monica Motors,
loading, unloading and temporary storage of vehicles will occur at Buerge Motor Car
Company located at 11775 Mississippi Avenue in West Los Angeles. Vehicles shall
be individually driven to the subject site between the hours of 8:00 A.M. and 5:00
P.M. Monday through Saturday, excluding legal holidays and shall be driven directly on
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site from the Santa Monica Boulevard entrance. The Director of Planning and
Community Development shall have the authority to approve an alternative plan for
loading and unloading of vehicles in the event the site designated with this approval is
no longer available. Any alternative plans will also be subject to approval by the
Transportation Management Division.
9. Storage of Vehicles to be Repaired. No vehicles to be repaired shall be parked or
stored on any public alley or street.
10. Repair of Vehicles. The repair and service facility portion of an automobile dealership
shall comply with the provisions of Section 9.04.14.050 of the Municipal Code.
11. Queuing of Vehicles. An adequate on-site queuing area for service customers shall be
provided. On site driveways may be used for queuing but may not interfere with access
to required parking spaces. Required parking spaces may not double as queuing
spaces. On-site queuing of vehicles shall be demonstrated prior to building permit
issuance.
12. Test Driving. Test-driving shall not be done on residential streets or alleys. For the
purposes of this subsection, streets which are designated by the City as major collector
streets shall be permissible areas for test-driving. Test-driving for the subject site may
not commence or include Berkeley Street but shall commence from Santa Monica
Boulevard. Each dealership operator shall have an affirmative obligation to inform all its
personnel of this requirement and to ensure compliance with it. The test-driving plan
approved by the Transportation Management Division on November 17, 1999, shall be
revised to show the beginning point within the surface parking lot with direct access to
Santa Monica Boulevard.
13. Control of Alley Traffic. Notwithstanding the prohibition of alley use for test-driving, the
dealership operator shall comply with the alley control plan presented to and approved
by the Transportation Management Division on November 17, 1999. In addition,
subsequent changes or amendments to the alley control plan may be approved by the
Director of Planning and Community Development. The alley control plan shall
incorporate plans for slowing traffic in alleys adjacent to their uses, with the objective of
minimizing dangers to pedestrians and neighboring vehicle operations, and of
minimizing noise and other environmental incursions into the neighborhood. Such
plans shall be designed to limit the maximum speed to 15 miles per hour and may
include measures such a speed bumps or dips, one-way traffic patterns, increased
signage, parking and loading prohibitions and similar measures.
14. The use of the alley (located within the proposed south wall) shall be limited to business
patrons exiting the site and to refuse vehicles picking up refuse and recycling materials
on-site.
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15. Circulation. The location of entries and exits from dealerships shall be located as far
away from adjacent residential properties as is reasonably feasible and shall be
directed to commercial streets and away from residential areas by means of signage
and design. The interior circulation system between levels shall be internal to the
building and shall not require use of public ways or of externally visible or uncovered
ramps, driveways or parking areas. No arrangement shall be permitted which requires
vehicles to back into an alley or other public way.
16. Noise Control. (1) There shall be no outdoor loudspeakers. Interior loudspeakers shall
produce no more than 45 dba at a boundary abutting or adjacent to a residential parcel,
under normal operating conditions (e.g., with windows open if they are likely to be
opened). (2) All noise generating equipment exposed to the exterior shall be muffled
with sound absorbing materials to minimize noise impacts on adjacent properties and
shall not be operated before 8:00 A.M. or after 6:00 P.M. if reasonably likely to cause
annoyance to abutting or adjacent residences. (3) Rooftop storage areas shall be
screened with landscaping and noise absorbing materials to minimize noise impacts on
adjacent properties. (4) Existing dealerships shall comply with the provisions of this
subsection within six months after the adoption of this Chapter.
17. Toxic Storage and Disposal. (1) Gasoline storage tanks shall be constructed and
maintained under the same conditions and standards that apply for service stations. (2)
There shall be full compliance with the terms and conditions of all City laws relating to
the storage and disposal of toxic chemicals and hazardous wastes.
18. Air Quality. (1) Use of brake washers shall be required in service stalls or areas
where service is to be performed on brakes employing asbestos or other materials
known to be harmful when dispersed in the air. (2) All mechanical ventilation
equipment shall be directed to top story exhaust vents which face away from
abutting or adjacent residential properties. (3) Exhaust systems shall be equipped
with appropriate and reasonable available control technology to minimize noxious
pollutants which would otherwise be emitted.
Architectural Review Board
19. Prior to consideration of the project by the Architectural Review Board, the applicant
shall review disabled access requirements with the Building and Safety Division and
make any necessary changes in the project design to achieve compliance with such
requirements. The Architectural Review Board, in its review, shall pay particular
attention to the aesthetic, landscaping, and setback impacts of any ramps or other
features necessitated by accessibility
requirements.
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20. Prior to submittal of landscape plans for Architectural Review Board approval, the
applicant shall contact the Department of Environmental and Public Works
Management regarding urban runoff plans and calculations.
21. The Architectural Review Board shall pay particular attention to the height of the
wall and landscaping requirements along the alley to appropriately screen the
project and to mitigate noise generated from traffic and from the site.
22. In addition to other landscaping requirements, the Architectural Review Board, in its
review, shall ensure that the perimeter of the surface parking lot and auto display
areas are adequately screened with an opaque structure and/or landscaping.
23. Plans for final design, landscaping, screening, and trash enclosures shall be
subject to review and approval by the Architectural Review Board.
24. The Architectural Review Board, in its review, shall pay particular attention to the
project's pedestrian orientation and amenities; scale and articulation of design
elements; exterior colors, textures and materials; window treatment; glazing; and
landscaping.
25. Construction period signage shall be subject to the approval of the Architectural
Review Board.
26. Landscaping plans shall comply with Part 9.04.10.04 (Landscaping Standards) of
the Zoning Ordinance including use of water-conserving landscaping materials,
landscape maintenance and other standards contained in that Part. Landscaping
adjacent to the public right-of-ways shall provide an opaque screen within two years
growth. One tree per 1,200 square feet of paved area for parking shall be provided
within the paved area and/or within the perimeter of the surface parking lot. The
applicant shall revise plans prior to submittal to the Architectural Review Board to
show required trees and perimeter landscaping.
27. Refuse areas, storage areas and mechanical equipment shall be screened in
accordance with SMMC Section 9.04.10.02.130-9.04.10.02.151. Refuse areas
shall be of a size adequate to meet on-site need, including recycling. Prior to
submittal to the Architectural Review Board, the applicant shall submit revised plans
to staff showing a 9.5’ x 13.5’ refuse/recycling area. The revised plans shall be
subject to approval by Solid Waste Management. The Architectural Review Board
in its review shall pay particular attention to the screening of such areas and
equipment. Any rooftop mechanical equipment shall be minimized in height and
area, and shall be located in such a way as to minimize noise and visual impacts to
surrounding properties. Unless otherwise approved by the Architectural Review
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Board, rooftop mechanical equipment shall be located at least five feet from the
edge of the roof. Except for solar hot water heaters, no residential water heaters
shall be located on the roof (unless located within a mechanical room).
28. No gas or electric meters shall be located within the required front or street side
yard setback areas. The Architectural Review Board in its review shall pay
particular attention to the location and screening of such meters.
Demolition
29. Until such time as the demolition is undertaken, and unless the structure is currently
in use, the existing structure shall be maintained and secure by boarding up all
openings, erecting a security fence, and removing all debris, bushes and planting
that inhibit the easy surveillance of the property to the satisfaction of the Building
and Safety Officer and the Fire Department. Any landscaping material remaining
shall be watered and maintained until demolition occurs.
30. Immediately after demolition (and during construction), a security fence, the height
of which shall be the maximum permitted by the Zoning Ordinance, shall be
maintained around the perimeter of the lot. The lot shall be kept clear of all trash,
weeds, etc.
31. Prior to issuance of a demolition permit, applicant shall prepare for Building Division
approval a rodent and pest control plan to insure that demolition and construction
activities at the site do not create pest control impacts on the project neighborhood.
32. No demolition of buildings or structures 50 years of age or older shall be permitted
until the end of a 60-day review period by the Landmarks Commission to determine
whether an application for landmark designation shall be filed. If an application for
landmark designation is filed, no demolition shall be approved until a final
determination is made by the Landmarks Commission on the application.
Construction
33. Unless otherwise approved by the Department of Environmental and Public Works
Management, all sidewalks shall be kept clear and passable during the grading and
construction phase of the project.
34. Sidewalks, curbs, gutters, paving and driveways which need replacing or removal
as a result of the project as determined by the Department of Environmental and
Public Works Management shall be reconstructed to the satisfaction of the De-
partment of Environmental and Public Works Management. Approval for this work
shall be obtained from the Department of Environmental and Public Works
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Management prior to issuance of the building permits.
35. Vehicles hauling dirt or other construction debris from the site shall cover any open
load with a tarpaulin or other secure covering to minimize dust emissions.
36. Street trees shall be maintained, relocated or provided as required in a manner
consistent with the City's Tree Code (Ord. 1242 CCS), per the specifications of the
Community and Cultural Services Department and the Department of Environmental
and Public Works Management. No street tree shall be removed without the
approval of the Community and Cultural Services Department.
37. A construction period mitigation plan shall be prepared by the applicant for approval
by the Department of Environmental and Public Works Management prior to is-
suance of a building permit. The approved mitigation plan shall be posted on the
site for the duration of the project construction and shall be produced upon request.
As applicable, this plan shall 1) Specify the names, addresses, telephone numbers
and business license numbers of all contractors and subcontractors as well as the
developer and architect; 2) Describe how demolition of any existing structures is to
be accomplished; 3) Indicate where any cranes are to be located for
erection/construction; 4) Describe how much of the public street, alleyway, or
sidewalk is proposed to be used in conjunction with construction; 5) Set forth the
extent and nature of any pile-driving operations; 6) Describe the length and number
of any tiebacks which must extend under the property of other persons; 7) Specify
the nature and extent of any dewatering and its effect on any adjacent buildings; 8)
Describe anticipated construction-related truck routes, number of truck trips, hours
of hauling and parking location; 9) Specify the nature and extent of any helicopter
hauling; 10) State whether any construction activity beyond normally permitted
hours is proposed; 11) Describe any proposed construction noise mitigation
measures; 12) Describe construction-period security measures including any
fencing, lighting, and security personnel; 13) Provide a drainage plan; 14) Provide a
construction-period parking plan which shall minimize use of public streets for
parking; 15) List a designated on-site construction manager.
38. The property owner shall insure any graffiti on the site is promptly removed through
compliance with the City's graffiti removal program.
39. A sign shall be posted on the property in a manner consistent with the public
hearing sign requirements which shall identify the address and phone number of
the owner and/or applicant for the purposes of responding to questions and
complaints during the construction period. Said sign shall also indicate the hours of
permissible construction work.
40. A copy of these conditions shall be posted in an easily visible and accessible
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location at all times during construction at the project site. The pages shall be
laminated or otherwise protected to ensure durability of the copy.
Environmental Mitigation
41. Ultra-low flow plumbing fixtures are required on all new development and
remodeling where plumbing is to be added. (Maximum 1.6 gallon toilets and 1.0
gallon urinals and low flow showerhead.)
42. Parking areas and structures and other facilities generating wastewater with
significant oil and grease content are required to pretreat these wastes before
discharging to the City sewer or storm drain system. Pretreatment will require that a
clarifier or oil/water separator be installed and maintained on site. In cases where
settleable solids are present (or expected) in greater amounts than floatable oil and
grease, a clarifier unit will be required. In cases where the opposite waste
characteristics are present, an oil/water separator with automatic oil draw-off will be
required instead. The Environmental and Public Works Management Department
will set specific requirements. Building Permit plans shall show the required
installation.
Miscellaneous Conditions
43. The building address shall be painted on the roof of the building and shall measure
four feet by eight feet (32 square feet).
44. If any archaeological remains are uncovered during excavation or construction,
work in the affected area shall be suspended and a recognized specialist shall be
contacted to conduct a survey of the affected area at project's owner's expense. A
determination shall then be made by the Director of Planning and Community
Development to determine the significance of the survey findings and appropriate
actions and requirements, if any, to address such findings.
45. Street and/or alley lighting shall be provided on public rights of way adjacent to the
project if and as needed per the specifications and with the approval of the
Department of Environmental and Public Works Management.
46. No fence, gate, or wall within the required front yard setback, inclusive of any
subterranean garage slab and fencing, gate, or railing on top thereof, shall exceed
a height of 42" above actual grade of the property.
47. Mechanical equipment shall not be located on the side of any building which is
adjacent to a residential building on the adjoining lot. Roof locations may be used
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when the mechanical equipment is installed within a soundrated parapet enclosure.
48. Final approval of any mechanical equipment installation will require a noise test in
compliance with SMMC Section 4.12.040. Equipment for the test shall be provided
by the owner or contractor and the test shall be conducted by the owner or
contractor. A copy of the noise test results on mechanical equipment shall be
submitted to the Community Noise Officer for review to ensure that noise levels do
not exceed maximum allowable levels for the applicable noise zone.
49. Final building plans submitted for approval of a building permit shall include on the
plans a list of all permanent mechanical equipment to be placed indoors which may
be heard outdoors.
50. Deliveries to the site shall be prohibited between 11:00 p.m. and 6:00 a.m. and all
day on Sundays.
Validity of Permits
51. In the event permittee violates or fails to comply with any conditions of approval of
this permit, no further permits, licenses, approvals or certificates of occupancy shall
be issued until such violation has been fully remedied.
52. Within ten days of City Planning Division transmittal of the Statement of Official
Action, project applicant shall sign and return a copy of the Statement of Official
Action prepared by the City Planning Division, agreeing to the conditions of
approval and acknowledging that failure to comply with such conditions shall
constitute grounds for potential revocation of the permit approval. By signing same,
applicant shall not thereby waive any legal rights applicant may possess regarding
said conditions. The signed Statement shall be returned to the City Planning
Division. Failure to comply with this condition shall constitute grounds for potential
permit revocation.
53. This determination shall not become effective for a period of fourteen days from the
date of determination. If appealed, a final determination is effective on the date an
appeal decision is rendered. Any appeal must be made in the form required by the
Zoning Administrator. The approval of this permit shall expire if the rights granted
are not exercised within one year from the permits effective date. Exercise of rights
shall mean issuance of a building permit to commence construction. However, the
permit shall also expire if the building permit expires, pursuant to the requirements
of S.M.M.C. Section 8.08.060. One six month extension of the Conditional Use
Permit may be permitted if approved by the Director of Planning and Community
Development. Applicant is on notice that time extensions may not be granted if
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development standards relevant to the project have changed since project approval.
54. Within thirty (30) days after final approval of the project, a sign shall be posted on
site stating the date and nature of the approval. The sign shall be posted in
accordance with the Zoning Administrator guidelines and shall remain in place until
a building permit is issued for the project. The sign shall be removed promptly
when a building permit is issued for the project or upon expiration of the Conditional
Use Permit.
Prepared by: Suzanne Frick, Director
Jay Trevino, AICP, Planning Manager
Amanda Schachter, Principal Planner
Susan Healy Keene, AICP, Acting Senior Planner
Jean M. Moore, AICP, Associate Planner
Planning and Community Development Department
Attachments: A: Planning Commission Staff Report (March 1, 2000) with attachments
B: Appeal Statement
C: Notice of Public Hearing
D: Plot Plan, Floor Plans and Elevations
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