SR-402-010
PCD:SF:JT:AS:PF:f:\plan\share\council\strpt\98cup051.doc
Council Mtg. November 23, 1999 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Appeal of Planning Commission Approval of Conditional Use Permit 98-051
to Allow Expansion of an Existing Automobile Dealership with a New 9,900
Square Foot, 2-story Building with Subterranean Parking. Applicant: RTK
Associates, Architects, Appellant: Kelly Olsen, Planning Commissioner,
Property Owner: W. I. Simonson, Inc.
Introduction
This report recommends that the City Council deny the appeal and uphold the Planning
Commission’s approval of Conditional Use Permit 98-051 to allow expansion of an existing
automobile dealership with a new 9,900 square foot, 2-story building with subterranean
parking. The project includes 1,222 square feet of covered exterior display area and 8,574
square feet of uncovered exterior display area. On August 4, 1999 the Planning
Commission voted 6-1to approve the proposed project. The Planning Commission staff
report, minutes and Statement of Official Action (STOA) are contained in Attachment C.
Planning Commissioner Kelly Olsen appealed the Planning Commission decision. The
appeal statement is contained in Attachment D.
Background
The subject property is a 22,500 sq. ft. parcel located on the southeast corner of Wilshire
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Boulevard and 17 Street. Surrounding uses include the applicant’s automobile sales
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facility across 17 Street to the west, commercial uses, including an automobile rental
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agency, across Wilshire Boulevard to the north, and a church across 17 Court alley to the
east. These uses are located in the C6 Boulevard Commercial District. To the south of the
subject property, in the R2 Low Density Multiple Residential district, is a surface parking lot
owned and operated by the applicant for employee parking.
The proposed project is an expansion of an existing used automobile sales facility
operated by the W. I. Simonson Mercedes Benz dealership. The two-story building
includes a subterranean level used for parking and non-service bay area. The building
contains 2,725 square feet of sales-related office area on both floors and 1,218 square
feet of non-service bay area used for auto washing and detailing on the first floor level.
The building also provides a 1,222 square foot covered exterior display area. An 828
square foot parts storage area is located on the second floor. At the subterranean level, 30
parking spaces are provided along with 3,919 square feet of area used for vehicle
preparation, employee lockers, a tool room and a machinist room.
As proposed, the site is well landscaped, including an area 4’ in depth located adjacent to
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Wilshire Boulevard and 17 Street to provide the required 450 square feet of landscaped
area. Also included is 750 square feet of landscaping along the south property line in a 5’
wide planter to the residentially-zoned parcels to the south. A total of 1,293 square feet of
landscaping is provided in the areas that accommodate vehicle parking, driveways and
access. Subject to the review and approval of the Architectural Review Board, the
landscaping material will include a minimum of ten trees throughout the site. A total of 90
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shrubs and other landscaping materials a minimum of 2’ in height will be provided along
the street frontage and alley.
A total of 41 parking spaces will be provided with 30 spaces located below grade in the
subterranean garage and 11 parking spaces located at grade including 1 space for the
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disabled near the building entrance. Access to the parking is taken from 17 Street.
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Vehicle access to the site is also provided from 17 Court alley. An alley traffic control plan
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at the 17 Court alley exit and signage at the 17 Street exit will be required to direct
dealership-related traffic away from the residential area to the south of the project site and
toward Wilshire Boulevard. No vehicle access is proposed from Wilshire Boulevard.
The proposed project will utilize the vehicle loading and unloading plan approved for
Simonson’s new car facility located at 1626 Wilshire Boulevard and will follow the
approved test driving route for the existing new car sales facility.
Planning Commission Action
At the August 4, 1999 Planning Commission hearing, no members of the public spoke in
opposition to the project. Citing Santa Monica Municipal Code (SMMC) Section
9.04.18.040(e) regarding parking lots on residentially-zoned parcels, Commissioner Olsen
raised the issue of the applicant’s continued legal, non-conforming use of the residentially-
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zoned property located at 1215 17 Street (also listed as 1219 17 Street) immediately
south of the subject site for employee parking. Mr. Olsen stated that, if the dealership’s
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proposed expansion were approved, the dealership would lose its rights to this parking lot
and the site would be required to return to residential use. It is staff’s position that the
issue whether the residentially-zoned parcel can continue to be used for commercial
parking is irrelevant to approval of the project. However, in response to Commissioner
Olsen’s concerns, staff recommended adding a condition of approval that the applicant
shall comply with the provisions of SMMC Section 9.04.18.040 regarding the termination of
nonconforming uses at this address. This condition would re-affirm compliance with the
Zoning Ordinance at the R2 lot and link this compliance with the project approval.
Following a brief discussion with staff regarding landscaping, the Commission voted to
approve the project on a 6-1 vote, with Commissioner Olsen in opposition.
Appeal Analysis
The basis for the appeal is threefold. First, the appellant believes the project does not
comply with the zoning ordinance. Second, he believes the Planning Commission decision
was based on insufficient and inaccurate information. Third, he believes that certain site
calculations were inaccurate.
1. The square footage calculations regarding the project are not correct and the use of
the adjacent R2 lot was not mentioned or analyzed in the staff report. The appellant’s
concern regarding the R2 lot use is based upon Santa Monica Municipal Code
(SMMC) Section 9.04.18.040(e) regarding parking lots on residentially-zoned
parcels. This Code section allows parking lots on residentially-zoned parcels to
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remain provided the five following criteria are met:
a. the commercial parcel supported by the residential parking lot is not
redeveloped for another use;
b. the lot remains as a surface level parking lot;
c. the use or uses existing on the commercial parcel supported by the
residential parking lot do not change;
d. the square footage of the existing commercial building on the
commercial parcel is not added to or enlarged beyond fifty percent of the
floor area existing on the effective date of the Zoning Ordinance; and
e. the required parking for any new addition or expansion under fifty
percent is not located on the residentially zoned parking lot. A parking lot
on a residentially zoned parcel shall revert to a residential use when one
or more of the above conditions are not met.
For planning purposes, staff has consistently treated the W. I. Simonson locations at 1626-
1628 Wilshire Boulevard (new car sales and service) and 1700 Wilshire Boulevard (sales
of previously owned vehicles) as a single dealership. The building located at 1626-1628
Wilshire Boulevard spans the C6 Boulevard Commercial zoning district and the R2 Low
Density Multiple Residential district. Since SMMC Section 9.04.18.040(e)(4) considers
only the building on the “commercial parcel”, staff considered only the square footage of
the existing dealership building located in the commercial, C6 zoning district in calculating
the extent of the addition proposed by the project. The plans approved as part of
Administrative Approval AA 339 issued in August, 1986 for the repair and reconstruction of
the facility following a fire indicate the existing dealership building in this area contains
38,500 square feet with 17,000 square feet on the first floor, 11,000 square feet on the
second floor and 10,500 square feet of roof-top parking which must be counted as floor
area, consistent with the Zoning Ordinance and the Land Use Element. Since staff
calculated the floor area of the project at 9,912 square feet, the proposed project
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constitutes a 26% addition to the dealership floor area. This addition falls below the 50%
threshold that triggers the requirement for the parking lot to revert to a residential use.
The statement that the square footage calculations are incorrect is based upon the Zoning
Ordinance definition of floor area. Zoning Ordinance Section 9.04.02.030.315(g) exempts
exclusively
subterranean and semi-subterranean parking structures used for parking and
loading and unloading from the floor area calculation (emphasis added). The appellant
contends that because the subterranean level of the project also contains areas for vehicle
preparation, a locker room, a machinist room and bathroom and is not used exclusively for
parking or loading and unloading, the entire subterranean level must be counted toward
floor area.
Staff has consistently exempted from floor area calculations those areas within a
subterranean or semi-subterranean garage that are used exclusively for parking and
loading and unloading; other areas such as those used for mechanical rooms, electrical
rooms, telephone rooms and similar spaces are also excluded from the floor area
calculation if located below grade. This practice is consistent with the Land Use Element
which defines floor area:
Floor area is any portion of a building that accommodates activity in the
building or contributes to the visual mass ands bulk of the building. Floor area is
the net floor space in a structure and shall include restrooms, lounges, kitchens,
partitions, storage areas, interior and exterior hallways and corridors, interior
atria, and the like, but shall not include exterior or load bearing walls, stairways
and stairwells, elevators and shafts. Floor area shall include at-grade, and
above-grade covered parking but does not include at-grade, uncovered parking
and subterranean parking.
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Below grade parking by itself does not constitute a land use activity but rather supports
the activities within a building. As a result, below grade parking also does not
contribute to the mass or bulk of the building and is not included in building FAR.
Staff’s past practice in this regard was demonstrated most recently in the St. John’s
Development Agreement of 1998. Below grade parking was not included in the floor area
calculations for the project whereas below grade clinical space was included.
Floor area for the Simonson project includes 5,993 square feet of above ground space and
3,919 square feet located below grade which is used for vehicle preparation, employee
lockers, a bathroom and machinist room. These areas total 9,912 square feet.
Adding the subterranean parking area to the project as the appellant suggests increases
the addition to the existing Simonson dealership to approximately 28,700 square feet.
Citing SMMC Section 9.04.18.040(e)(4), the appellant contends that the addition to the
dealership exceeds fifty percent and the R2 lot currently used for employee parking must
revert to residential use.
2. The project does not conform to the Zoning Ordinance. Staff believes that, as
conditioned, the project is in conformance with the Zoning Ordinance. The project is
below the maximum allowable standards for floor area ratio and building height and
is providing greater than required setbacks, landscaping, and parking. Even if it is
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determined the R-2 parcel must be removed, this would not impeded approval of
the proposed project. Condition #60 imposed by the Planning Commission requires
compliance with the Zoning Code section related to non-conforming parking. The
proposed project does not rely on residential parking lots and can be approved
without it.
3. The Planning Commission’s decision was based on insufficient and inaccurate
information regarding the R2 lot during the public hearing. Staff believes that this
statement relates to the applicant’s testimony regarding the R2 lot’s use. The
applicant told the Commission that the R2 lot had been used by W. I. Simonson
since about 1973 for employee parking. However, the applicant also acknowledged
that the lot has been used from time to time at least partially for vehicle storage. As
stated previously, only employee parking is permitted on the R2 lot. The Zoning
Ordinance regulates automobile storage lots differently than surface parking lots.
The information presented to the Commission regarding automobile storage lots
would not be applicable to surface parking lots. The permitted use of the R2 lot has
been clarified and employee parking only is allowed per the conditions of use
Variance 3870-Y approved in 1978.
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 9,900
square foot structure, which is less than 10,000 square feet in area, is in an urbanized
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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.
PUBLIC NOTICE
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 Argonaut at least ten consecutive
calendar days prior to the hearing. A copy of the notice is contained in Attachment A.
Pursuant to Municipal Code Section 9.04.20.20.080, the applicant is required to update the
posted 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.
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 98-051 based on the following
findings and conditions:
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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 expansion
of the automobile dealership at 1700 Wilshire Boulevard complies with the
development standards of the C6 zoning district and the development standards for
automobile dealerships.
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 proposed project is an expansion
of an existing automobile dealership. The proposed facility at 1700 Wilshire
Bouelvard is compatible in scale, density and use with surrounding properties as it
is less than one-half of the density allowed in the district and is designed to be
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compatible with the applicant’s existing new car sales facility located across 17
Street.
3. The subject parcel is physically suitable for the type of land use being proposed, in
that the property located at 1700 Wilshire Boulevard is a graded, level parcel which
exceeds the minimum size requirements for automobile dealerships by 50%.
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 use is an
expansion of an existing use on the subject parcel.
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 expansion of an existing automobile dealership is allowed within the C6
zoning district with approval of Conditional Use Permits which contain conditions of
approval that require landscaping and screening to buffer the impacts of the auto
sales use from surrounding properties and that ensure that vehicle traffic (including
vehicle loading, unloading and test driving), noise and light do not intrude into
nearby residential areas.
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 in-fill of urban land adequately
served by existing infrastructure.
7. Public access to the proposed use will be adequate, in that the project is
adequately served by existing streets and alleys.
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8. The physical location or placement of the use on the site is compatible with and
relates harmoniously to the surrounding neighborhood, in that all development
standards for the C6 District and the special conditions for automobile dealerships
including those that require landscaping and screening, control of traffic (including
the loading and unloading of vehicles and test driving), and the control of noise and
lighting have been met. The building design, which is subject to Architectural
Review Board approval, is compatible with the applicant’s existing new car sales
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facility located across 17 Street and is of a scale that is compatible with the
surrounding neighborhood.
9. The proposed use is consistent with the goals, objectives, and policies of the
General Plan, in that Land Use Element Objective #1.6 calls for the commercial
corridors of the City to “accommodate uses which serve regional, community and
local needs while respecting the adjacent residential neighborhoods”. Conditions
#43 – 58 require that the automobile dealership facility provide landscaping and
screening of the site and that the operation be conducted in manner that does not
produce trash and litter, light, noise, traffic, parking and air quality impacts on the
adjacent neighborhood.
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 C6
District, complies with the provisions of the Zoning Ordinance and the General
Plan, and, as conditioned, will not significantly impact the adjacent neighborhood.
11. The proposed use conforms precisely to the applicable performance standards
contained in Subchapter 9.04.12 and special conditions outlined in Subchapter
9.04.14 of the City of Santa Monica Comprehensive Land Use and Zoning
Ordinance, in that the special conditions for automobile dealerships have been
incorporated into the proposed automobile sales facility and have been included in
the recommendations for project approval.
12. The proposed use will not result in an over-concentration of such uses in the
immediate vicinity, in that the proposed project is an expansion of an existing
automobile dealership.
CONDITIONAL USE PERMIT CONDITIONS
Plans
1. This approval is for those plans dated 6/7/99, copies 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.
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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.
Architectural Review Board
5. 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.
6. 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.
7. Plans for final design, landscaping, screening and trash enclosures shall be subject
to review and approval by the Architectural Review Board. Pursuant to SMMC
Section 9.04.10.04.080(b), the Architectural Review Board must review and
approve the landscaped buffers and screening proposed by the applicant along the
south parcel line of the proposed new used car sales facility at 1700 Wilshire
Boulevard.
8. 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.
9. Construction period signage shall be subject to the approval of the Architectural
Review Board.
10. 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.
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11. 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. 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 solar hot water heaters, no
residential water heaters shall be located on the roof (unless located within a
mechanical room).
12. Signage for the proposed project shall be reviewed and approved by the
Architectural Review Board.
13. 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
14. 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.
15. 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.
16. 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.
17. 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.
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Construction
18. 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.
19. 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.
20. 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.
21. 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 Division.
22. 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 de-watering 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.
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23. The property owner shall insure any graffiti on the site is promptly removed through
compliance with the City's graffiti removal program.
24. 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.
25. 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
26. 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 shower head.)
27. Parking areas and structures and other facilities generating wastewater with
significant oil and grease content are required to pre-treat 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 CUP Conditions
28. The building address shall be painted on the roof of the building and shall
measure four feet by eight feet (32 square feet).
29. The operation shall at all times be conducted in a manner not detrimental to
surrounding properties or residents by reason of lights, noise, activities, parking or
other actions.
30. The exterior parking area shall be used for employee and customer parking only
and not for repair or finishing work or long-term (over one week) storage of
vehicles.
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31. 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.
32. 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.
33. Automotive repair facilities and dealerships, parking areas and structures,
automotive paint shops, gas stations, equipment degreasing areas, and other
facilities generating wastewater with significant oil and grease content are required
to pre-treat 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.
34. 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 sound-rated parapet
enclosure.
35. 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.
36. 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 outdoors and all
permanent mechanical equipment to be placed indoors which may be heard
outdoors.
Validity of Permits
37. In the event permittee violates or fails to comply with any conditions of approval of
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this permit, no further permits, licenses, approvals or certificates of occupancy
shall be issued until such violation has been fully remedied.
38. Within ten days of 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 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 Planning Division.
Failure to comply with this condition shall constitute grounds for potential permit
revocation.
39. This determination shall not become effective for a period of fourteen days from
the date of determination or, if appealed, until a final determination is made on the
appeal. Any appeal must be made in the form required by the Zoning
Administrator. The approval of this permit shall expire one year from the permit's
effective date, unless, in the case of new development, a building permit has been
obtained, or in the case of a change of use, a business license has been issued
and the use is in operation prior to the permit expiration date. One six-month
extension of the one year period may be permitted if approved by the Director of
Planning. Applicant is on notice that time extensions may not be granted if
development standards relevant to the project have become more restrictive since
project approval.
Special Conditions
40. Prior to issuance of a building permit for the proposed project at 1700 Wilshire
Boulevard, the applicant shall record with the Los Angeles County Recorder an
agreement to develop the three separate parcels as a single building site.
41. A minimum of four bicycle parking spaces shall be provided at the project site.
42. Employee and customer parking shall be provided at no charge. Parking shall
comply with Part 9.04.10.08. Areas designated for employee and customer parking
shall not be used for vehicle storage or display including those areas within the
subterranean parking level which are not required parking.
43. Screening of display and non-display areas shall comply with the provisions of
Part 9.04.10.04. A minimum two-foot 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 12" in height. Applicable setback requirements shall be expanded to
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require a minimum 5 foot landscaped area adjacent to any abutting residential
district. Final design treatment shall be subject to review and approval by the
Architectural Review Board. All parking areas not used for automobile display
shall be subject to the parking lot screening requirements of Part 9.04.10.04.
44. All lighting shall comply with Section 9.04.10.02.270.
45. Loading and unloading of vehicles is permitted only in accordance with this
subsection. The dealership operator shall be responsible and liable for any
activities of a common carrier, operator, or other person controlling such loading or
unloading activities to the extent any such activities violate the provisions of this
subsection, as follows:
(1) Loading and unloading of vehicles is limited to the hours of 8:00 A.M. to
5:00 P.M. Monday through Saturday, excluding legal holidays.
(2) Off-loading shall be on-site or off-site, subject to review and the approval of
the Transportation Planning Division. Loading and unloading shall not block
the ingress or egress of any adjacent property.
(3) New automobile dealerships or substantially remodeled dealerships shall
provide off-loading facilities on private property (on or off-site). Shared loading
and unloading facilities are permitted for the purposes of meeting this
requirement.
46. No vehicles to be repaired shall be parked or stored on any public street or alley.
47. 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. An on-site queuing area is not required if the service and repair of
vehicles for customers is not performed within the dealership operations.
48. A test driving plan for the proposed project must be reviewed and approved by the
Transportation Management Division prior to issuance of a building permit. 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. Each dealership operator shall have an
affirmative obligation to inform all its personnel of this requirement and to ensure
compliance with it.
49. The applicant shall present to the Transportation Management Division a plan for
slowing traffic flow in the alleys adjacent to the proposed new car facility at 1700
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Wilshire Boulevard, 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 maximum
speed to 15 miles per hour and may include measures such as speed bumps or
dips, one-way traffic patterns, increased signage, parking and loading prohibitions
and similar measures.
50. The location of entries and exits from automobile 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.
51. The applicant shall comply with the following measures to control noise at the site:
(1) There shall be no outdoor loud speakers. 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, if proposed, shall be screened with landscaping
and noise absorbing materials to minimize noise impacts on adjacent
properties.
52. The applicant shall comply with the following toxic storage and disposal standards:
(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.
53. The applicant shall comply with the following air quality standards:
(1) Use of brake washers shall be required in service stalls or areas which
perform service on brakes employing asbestos or other materials known to be
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harmful when dispersed in the air.
(2) All mechanical ventilating 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 reasonably
available control technology to minimize or eliminate noxious pollutants which
would otherwise be emitted.
54. The site shall be entirely paved, except for buildings and landscaping.
55. A landscape area at least 2 feet wide shall be provided along the perimeter of the
parcel adjacent to public rights-of-way, excluding authorized driveways. In all other
respects, landscaping shall conform to the requirements of Part 9.04.10.04.
56. Refuse storage areas shall comply with Section 9.04.10.02.150.
57. No work shall be performed on automobiles between the hours of 8:00 P.M. and
7:00 A.M., Monday through Saturday, and no work shall be performed on
Sundays.
58. 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. No used or discarded automotive parts or equipment or permanently
disabled, junked or wrecked vehicles may be stored outside the main building.
59. The use of the property at 1700 Wilshire Boulevard shall be limited to vehicle
sales and preparation including vehicle washing and detailing. No repair of
customer vehicles shall occur on-site.
60. The applicant shall comply with the provisions of SMMC Section 9.04.18.040 at
th
the property located at 1215 17 Street regarding the termination of
nonconforming buildings and uses.
Prepared by: Suzanne Frick, Director
Jay Trevino, Planning Manager
Amanda Schachter, Acting Principal Planner
Susan Healy Keene, Acting Senior Planner
Paul Foley, Associate Planner
Planning and Community Development Department
Attachments:
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A: Notice of Public Hearing
B: Radius and Location Map
C: Planning Commission Staff Report, minutes and Statement of Official Action
(August 4, 1999)
D: Appeal Statement
E. Site Photographs
F: Plot Plan, Floor Plans and Elevations
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