SR-402-010 (6)
CITY OF SANTA MONICA
CITY COUNCIL
STATEMENT OF OFFICIAL
ACTION
PROJECT
CASE NUMBER: Conditional Use Permit 98-051
LOCATION: 1700 Wilshire Bouelvard
APPLICANT: W. I. Simonson, Inc.
APPELLANT: Kelly Olsen, Planning Commissioner
CASE PLANNER: Paul Foley, Associate Planner
REQUEST: 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.
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 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.
CITY COUNCIL ACTION
November 23, 1999 Date.
X
Approved based on the following findings and subject to the
conditions below.
Denied.
Other.
EFFECTIVE DATE OF ACTION:
November 23, 1999
EXPIRATION DATE OF ANY PERMITS GRANTED:
November 23, 2000 Conditional Use Permit 98-051
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 98-051
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
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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.
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
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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.
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.
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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.
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).
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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.
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.
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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.
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.
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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.
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
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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
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. 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
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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
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 SMMC
Section 9.04.14.060(f). 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.
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(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
condition, streets which are designated by the City as major non-residential
collector streets shall be permissible areas for test driving. The 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
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).
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(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
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
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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
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the property located at 1215 17 Street regarding the termination of
nonconforming buildings and uses.
61. Prior to the issuance of a building permit, the applicant shall reduce the area not
used for parking within the subterranean parking garage such that the floor area of
the building is less than 10,000 square feet.
62. Prior to the issuance of a Certificate of Occupancy for the building, the area used
for customer and employee parking within the subterranean parking garage shall
be clearly marked and may not be used for vehicle storage, display, detailing,
washing, or similar activities.
VOTE
Ayes: Bloom; Feinstein; Holbrook, O’Connor; Rosenstein
Nays: Genser ; McKeown
Abstain: None
Absent: 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.
__________________________
MARIA M. STEWART, City Clerk Date
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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\cup98051.doc
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