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SR-402-008 (10) CITY OF SANTA MONICA CITY COUNCIL City of Santa Monica'" STATEMENT OF OFFICIAL ACTION PROJECT CASE NUMBER: Conditional Use Permit 99-032 LOCATION: 3020 Santa Monica Boulevard APPLICANT: Herb Katz, RTK Architects APPELLANT: Ed Simonian CASE PLANNER: Jean M. Moore, AICP, Associate Planner REQUEST: Appeal of Planning Commission Approval of Conditional Use Permit 99-032 to Allow Expansion of an Existing Automobile Dealership with a New 9,790 Square Foot, 2- story Building with Subterranean Parking. CEQA STATUS: The project is categorically exempt from the provisions of CEQA pursuant to Class 3(c) of the State Implementation Guidelines in that the project involves the construction of a 9,970 square foot structure, which is less than 10,000 square feet in area, is in an urbanized area zoned for such use and is not surrounded by environmentally sensitive areas. The project will not involve the use of significant amounts of hazardous materials and all public services are available to the proposed site. 1 .>~ it~~ .1 .1 <I: CITY COUNCIL ACTION Mav 2. 2000 Date. x Approved based on the following findings and subject to the conditions below. Denied Other. EFFECTIVE DATE OF ACTION: May 2.2000 EXPIRATION DATE OF ANY PERMITS GRANTED: May 2. 2001 Conditional Use Permit 99-032 LENGTH OF ANY POSSIBLE EXTENSION OF EXPIRATION DATE(S): Any request for an extension of the expiration date must be received in writing by the City Planning Division prior to expiration of this permit. Six months Conditional Use Permit 99-032 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 2 ~) 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 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 ~nd Santa Monic~ PI~co alloy. 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). 3 6 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 exiE;ting 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 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 to and from Santa Monica Boulevard. J\dditional E;ignage '!.vill preclude traffic exiting fr-om the alley to continue :)Iong 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 fagade 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 4. and Specialty Commercial District which encourages the retention of auto dealerships. CONDITIONAL USE PERMIT CONDITIONS Plans 1 This approval is for those plans dated 11/16/99, except as amended by Conditions #5, #6, #9, #12, #15, #18, #23, #28, and #29. 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. Parking for employees and customers shall be provided on-site and shall conform to Santa Monica Municipal Code (SMMC) 9.04.10.08. Employee and customer parking shall be provided at no charge. No portion of the subterranean garage may be used for vehicle storage, display or other use contributing to the dealership's inventory. 6. Spaces for the disabled drivers shall be covered to conform to requirements of Chapter 11 (b) of the 1998 Bu jld ing Code. 7. Display and non-display of areas shall be screened in accordance with SMMC Section 9.04.10.04. 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. 8. All lighting shall comply with Section 9.04.10.02.270 of the Santa Monica Municipal Code. 5 9. 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 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. Alternative plans shall consist of an equivalent facility to maintain operation of the dealership. Any alternative plans will also be subject to approval by the Transportation Management Division. 10. Storage of Vehicles to be Repaired. No repaired vehicles or vehicles awaiting repair shall be parked or stored on any public alley or street. 11 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. 12. 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. 13. 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. 14. 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 6 may include measures such a speed bumps or dips, one-way traffic patterns, increased signage, parking and loading prohibitions and similar measures. 15. The use of the alley (Ioc~ted '....ithin the proposed south ':.(011) shall be limited to businesG patr-onG exiting the Gite and to refuse vehicles picking up refuse and recycling materials on-site. There shall be no vehicle ingress/egress from the alley to the site. The plans shall be amended to reflect a solid opaque wall along the alley. 16. 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. 17. 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. 18. The applicant shall provide sound buffering at the existing service building to mitigate noise emitting from the building. 19. 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. 20. 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. 7 ". ~l( Architectural Review Board 21 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. 22. Prior to submittal of landscape plans for Architectural ReviewBoard approval, the applicant shall contact the Department of Environmental and Public Works Management regarding urban runoff plans and calculations. 23. 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 tr3ffio and from the site. Pursuant to SMMC 9.04.10.04.080(4), the applicant shall provide a wall up to 12' in height along the rear alley to mitigate noise emanating from the subject site. The wall height and design is subject to approval by the Architectural Review Board. 24. 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. 25. Plans for final design, landscaping, screening, and trash enclosures shall be subject to review and approval by the Architectural Review Board. 26. 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. 27. Construction period signage shall be subject to the approval of the Architectural Review Board. 28. 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. The applicant shall provide a 2' landscape strip along the outside of the rear perimeter wall, subject to approval by the Architectural Review Board. 8 . i 29 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 Board, rooftop mechanical equipment shall be located at least five feet from the edge of the roof. Except for Gol~r hot water he~terc, no rocidential '.vater heaterc shall be located on the roof (unlecc located within a mech~nic~1 room). 30. 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 31 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. 32 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. 33. 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. 34. 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. 9 3!l1l;' Construction 35. 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. 36. 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 Management prior to issuance of the building permits. 37. 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. 38. 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. 39. 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 beaccompljshed; 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. 40. The property owner shall insure any graffiti on the site is promptly removed through 10 "' 1 compliance with the City's graffiti removal program. 41 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. 42. A copy of these conditions shall be posted in an easily visible and accessible 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 43. 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.) 44. 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 45. The building address shall be painted on the roof of the building and shall measure four feet by eight feet (32 square feet). 46. 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. 47. 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. 11 No fence, gate, or wall within the required front yard setback, incluGive of any Gubterrane~m garage Glab and fencing, g::lte, or railing on top thereof, shall exceed ::l height of 42" ::lbo'.'e ::lctu::ll grade of the property. 48. 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 when the mechanical equipment is installed within a soundrated parapet enclosure. 49. 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. 50. 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. 51 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 52. 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. 53. 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. 54. This determination is final. 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 12 and Community Development. Applicant is on notice that time extensions may not be granted if development standards relevant to the project have changed since project approval. 55. 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. VOTE Ayes: Nays: Abstain: Absent: Bloom, Feinstein, Genser, McKeown Holbrook, O'Conner, Rosenstein None None NOTICE If this is a final decision not subject to further appeal under the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, the time within which judicial review of this decision must be sought is governed by Code of Civil Procedure Section 1094.6, which provision has been adopted by the City pursuant to 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. -~. -~ ~ l~ Uro1J MARIA M. STEWART, C Clerk te L I hereby agree to the above conditions of approval and acknowledge that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval. Applicant's Signature Print Name and Title F:\PLAN\SHARE\council\STOAS\cup990032.doc 13 ,"" ~. l 1. tl