SR-20080513-7C~~
~;tYof City Council Report
Santa Monica
City Council Meeting: May 13, 2008
Agenda Item: ~' "~-
To: Mayor and City Council
From: Eileen Fogarty, Planning & Community Development Director
Subject: Extension of Interim Ordinance on modified Auto Dealership Regulations
through August 8, 2010
Recommended Action
Staff recommends that the City Council introduce for first reading an interim ordinance
extending Ordinance Number 2186 (CCS) until August 8, 2010.
Executive Summary
Interim ordinance 2186 (CCS) originally introduced in April 2006 modified regulations
pertaining. to automobile dealerships in commercial and industrial zones and allows
existing dealerships to intensify activities in adjacent residentially-zoned lots. There are
no proposed changes to the current interim ordinance. This report also summarizes
permit activity based on the interim ordinance in the last two years. Staff anticipates
that these regulations will be revised and. incorporated as appropriate into the Zoning
Code as part of the upcoming comprehensive update.
Discussion
The Santa Monica Auto Dealers Association (SMADA) and the Santa Monica Chamber
of Commerce hired HR&A Associates to prepare an economic analysis and propose
modifications to auto dealership regulations, which they presented to the City in
February 2001. Based on that report, the Council directed staff to study the SMADA's
proposals as well as to analyze conflicts with neighboring residential uses. A team
comprising Cotton/Bridges/Associates, Moore lacofano Goltsman, Inc. (for community
participation facilitation) and Economics Research Associates (for economic
background and analysis) was hired in 2003 to review the HR&A study, independently
evaluate the issues involved and recommend proposals for amending the City's policies
regarding automobile dealership uses. The extensive outreach process focused on
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residents in the neighborhoods near Santa Monica and Wilshire Boulevards as well as
the auto dealers and surrounding businesses. The Planning Commission held a hearing
on the matter in April 2004, and in September 2004 preliminary findings were presented
to the Council. Following environmental review in compliance with CEQA, an interim
ordinance was proposed to the Council. On March 28., 2006, Council approved revised
standards governing automobile dealerships in commercial and industrial zones,
including development of parking and inventory storage structures located on residential
lots currently used by auto dealerships, through Interim Ordinance 2179. Interim
Ordinance No. 2186 (CCS) extended this ordinance, with additional modifications, on
May 25, 2006. Ordinance Number 2186 (CCS) will expire after July 10, 2008 unless
extended prior to that date.
The proposed interim ordinance extends the following auto dealership regulations:
Increases allowable heights and Floor Area Ratios (FARs) and modifies thresholds
for permit processes (Performance Standards Permit (PSP) and Conditional Use
Permit (CUP)) for new and existing auto dealerships in the C4 commercial district
(Santa Monica and Lincoln Boulevards;
Increases heights and FARs and modifies thresholds for permit process (PSP,
CUP) for expansion of existing auto dealerships in the C6 commercial district
(Wilshire Boulevard);
Allows dealerships to be located in the M1 Industrial Zone, with increased height in
both M1 and LMSD with modified thresholds for permit process (PSP, CUP);
Requires pedestrian orientation for projects in all districts;
In residential zones, includes provisions that allow construction of automobile
storage or parking structures on properties already used by the auto dealership
provided the facilities continue to be operated in conjunction with the adjacent
automobile dealership;
Incorporates special standards applicable in all zones for parking structures and
automobile storage lots, with additional standards for those parking structures
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located in residential zones and serving a dealership in the adjacent commercial
zone;
. .Specifies PSP and CUP development standards applicable in all districts;
Allows employee parking at existing inventory storage lots in the Broadway
Commercial (BCD) District with certain conditions;
Revises the Temporary Use Permit (TUP) process to allow temporary storage of
auto inventory under certain conditions;
Allows the City to collect a Housing Impact Fee if R2 or R3 properties are
developed resulting in potential loss of affordable housing;
Includes provisions permitting auto dealers that provide incentives consistent with
the City's Transportation .Demand Management Ordinance (TMO) to charge
employees for parking;
Allows a 50% FAR discount for rooftop parking.
This interim ordinance was adopted after substantial public input including a series of
community meetings, written comments received, and discussion with automobile
dealership owners and their representatives over a three year process. The Council
deliberated on its provisions and made further changes when the ordinance was
extended one month later. The Interim Ordinance anticipated large projects that might
substantially redevelop and screen operations either indoors or underground in order to
reduce noise and improve the aesthetic appearance of Santa Monica Boulevard.
While auto dealers may be in the process of developing plans, the City has not received
any applications for major projects to redevelop or construct new dealerships. Since
adoption in April 2006, two PSP and two CUP projects have been submitted by auto
dealerships, in addition to a limited number of over-the-counter approvals for minor
work. The PSP applications were for small sales and rental operations on Lincoln
Boulevard. Both CUP applications represent proposed automobile service facility
buildings on adjacent parcels at the BMW dealership at Santa Monica Boulevard and
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12th Street and are currently pending. Rooftop parking is proposed at one of these
properties.
At this time, staff recommends extension of the interim ordinance text with no changes.
The intention of the ordinance - to allow additional height and FAR to encourage auto
dealers to redevelop incorporating measures that will reduce their impacts on the
surrounding neighborhood -and its provisions are still relevant.
Looking at the LMSD zone for the long-term, with its proximity to the future Exposition
Line light-rail stations, there will be discussion in the LUCE as to compatibility of a range
of uses with the kind of mixed-use, transit-oriented development planned in that area,
which will likely have new land use designations.
Alternatives
As an alternative to the recommended action of extending the interim ordinance,
Council may choose to allow this interim ordinance to expire, in which case the
regulations in the Zoning Ordinance would govern auto dealership development until the
anticipated Zoning Code update.
Environmental Analysis
An Environmental Impact Report (EIR) was prepared and certified by the Council prior
to adoption of the initial ordinance in accordance with Section 15087 of the CEQA
Guidelines. In extending this ordinance, no changes to the adopfed provisions are
proposed and the underlying physical conditions in the area have not materially
changed since the initial environmental review was conducted. There have been no
changes to the project, changes to the circumstances under which the project is
undertaken or new information which. would necessitate additional environmental review
under CEQA Guidelines Section 15162.
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Financial Impacts & Budget Actions
The recommendation presented in this report has no budget or financial impact.
Prepared by:
Elizabeth Bar-EI, AICP, Senior Planner
Forwarded to Council:
Deve
Wing & C76mmunity `~ "P. 4~rn'ont Ewell
ATTACHMENTS:
A. March 28, 2006 City Council Staff Report -Interim Ordinance 2179 (CCS)
B: May 9, 2006 City Council Staff Report -Interim Ordinance 2186 (CCS)
C. Proposed Interim Ordinance
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PCD:AA:AS:JL:LBE:F:\CityPlanning\Share\COUNCIL\STRPT~2006\Auto Dealers Interim Ord 8 GPA continued.doc
Council Mtg: March 28, 2006 Santa Monica, California
TO: Mayor and Councilmembers
FROM: City Staff
SUBJECT: Auto Dealership Regulation Revisions
INTRODUCTION
This report proposes a revised ordinance pursuant to Council direction provided on
October 25, 2005, and recommends that the City Council certify the Final Environmental
Impact Report, adopt a Statement of Overriding Considerations, adopt an amendment
to the General Plan Land Use Element and introduce for first reading an Interim
Ordinance to modify regulations pertaining to automobile dealerships in the City,
including limited expansion of automobile dealerships on parcels located in low and
medium-density residential areas. The proposed modifications affect the C4, C6, R2,
R3, LMSD, M1 and BCD zoning districts, including the Parking "A" Overlay District.
BACKGROUND
On October 25, 2005, the Council discussed proposed General Plan and Interim Zoning
revisions applicable to automobile dealerships in the city.
Resolutions certifying the final EIR and adopting a Statement of Overriding
Considerations are included with this report as Attachments A and B, respectively.
Proposed language for the General Plan Amendment and Interim Zoning Ordinance can
be found in Attachments C and D, respectively. Additional background on the
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Environmental Impact Report and proposed regulations is included in the October 25
staff report (Attachment H).
ANALYSIS
Proposed Changes to the Interim Ordinance Provisions Based on Council Direction
In response to Council members' inquiries and comments provided on October 25, and
following. additional public input and analysis, staff proposes the following changes to
the draft Interim Ordinance:
1. Conditional Use Permits (CUPS) and Performance Standards Permits (PSPs):
Application of permit to entire property; consideration of a level of permitted
(by right) activity;. use of parking structures: The draft interim ordinance
proposes to raise the CUP threshold to 7,500 square feet of additional area
(currently the threshold is 5,000 square feet or a 10% expansion, whichever is
smaller). Projects below the 7,500 square foot threshold would require a PSP.
While the level of review is differentiated, standards for both permit types are
identical Since these standards are important to protect the adjacent residential
neighborhood, and are not generally difficult to achieve, it is proposed that a permit
for a dealership cover the entire dealership operation on the property at which the
application is made. Such an approach is also consistent with the legal non-
conforming provisions of the Zoning Ordinance.
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Some auto dealers have objected to site-wide conditions when requesting
entitlements to improve only a portion of a dealership. Dealers informed staff that
the standards with which they anticipate compliance difficulties include
landscaping, queuing of vehicles and possibly parking, although additional parking
is only required for net new activity or new floor area. Vehicle loading and
unloading was noted as the primary concern and is addressed separately below.
The Santa Monica Automobile Dealership Association (SMADA) has contended
that permits should apply only to the portion of a property for which modification is
requested. This, however, is not practical because operational conditions cannot
be isolated to one activity or area on a property. Furthermore, the property
development requiremehts in the ordinance are generally feasible and applicable
to existing conditions. However, it is acknowledged that in some cases, meeting
the precise requirements may pose a hardship at an existing dealership site.
Therefore, the. draft ordinance has been revised to include language allowing the
Planning Commission, or Zoning Administrator for a PSP, to modify or waive any
of the PSP/CUP standards based on a determination. that compliance with that
standard would create an undue hardship given existing site conditions.
Subsequent to the Council's October 25 hearing, SMADA representatives
requested that staff consider a proposal to create a threshold allowing small
projects to proceed without a PSP, thereby permitting some small improvements
by right and without subjecting the applicant to performance standards and
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conditions. A simplified permit process for minor improvements may result in
aesthetic enhancements and address specific spatial needs, particularly on Santa
Monica Boulevard. Therefore, a provision to allow up to 1,000 square feet of net
new office or showroom-related floor area through the building permit process is
proposed. Exterior changes remain subject to Architectural Review Board
approval.
Staff has also considered SMADA's request to allow automobile dealerships to
lease space in residentially zoned parking structures constructed under the
ordinance to other dealerships, whether related or not to the on-site dealership.
Based on concern that additional use of a parking structure, such as for valet
parking for a restaurant or bar, might have negative impacts on surrounding
residents, the previous draft ordinance specified that a structure could only be
used for inventory and employee parking associated with the on-site dealership.
The revised ordinance allows these parking structures to be used by other local
dealerships, but not for non-dealership purposes.
2. .Loading/Unloading on-street: The Code currently requires that dealerships
receive approval by the Transportation Management Division (TMD) in order to use
the public right of way for loading and unloading of vehicles. TMD has confirmed
that currently there are few records on file in this regard and none providing
dealerships with permission to off-load vehicles on the public right-of-way.
Similarly, individual dealerships have been unable to produce any written approval
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for unloading although some believe that they had previously obtained this right. In
order to address this issue, during the past few months, TMD and Code
Compliance have spoken with a broad sample of auto dealers that utilize the right-
of-way for unloading vehicles in order to develop criteria for allowing continued use
of the right-of-way when it is safe and sensitive to neighbors' concerns. When the
criteria have been set, an application process will be initiated and continued use of
the public right-of-way will be extended to those able to comply. As TMD
evaluates each individual situation; it is possible that some dealerships may not be
permitted to continue to use the public right-of-way as they currently do.
Staff had proposed to require dealers expanding their use through a PSP or a CUP
to replace their on-street ,loading/unloading activity with an off-street alternative,
either on-site or at another location. This. proposal was based on input received
during the public outreach process and concerns expressed about noise, street-
blocking and safety associated with this practice. Hovvever, auto dealers have
stated this requirement is unattainable due to existing site conditions and space
requirements to accommodate large car carriers.
The off-street loading provision has been retained in the revised ordinance.
However, the Zoning. Administrator, Planning Commission or City Council on
appeal may waive this requirement based on a determination that compliance with
that standard would create an undue hardship given existing site conditions. In
such cases, an on-street loading/off-loading plan on portions of streets designated
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as non-residential only would need to be approved as part of the entitlement
process. Vehicle inventory loading and unloading hours would be generally
consistent with the City's noise regulations, limiting this activity to between 8:00
a.m. - 5:00 p.m. weekdays, 9:00 a.m. - 5:00 p.m. Saturdays; loading and
unloading of cars is not permitted on Sundays and legal holidays.
The interim ordinance requires that dealerships confirm annually their compliance
with unloading, test drive .and alley use plans. It is hoped that this self-reporting
mechanism will foster a continuous awareness of these important regulations and
encourage more proactive compliance on an ongoing basis.
3. Floor-Area Ratio (FAR), Height in M1/LMSD. Zones: The FAR for auto
dealerships in the LMSD (Light Manufacturing Studio District) and M1 (Industrial
Conservation) zones is proposed to be 1.5, consistent with the C4 zone. It is also
recommended that the height limit for automobile dealerships in the M1 and LMSD
zones be increased to 35', consistent with the recommendation for commercial
zones. However, if the dealership is adjacent to a residential use, a stepback of 10
feet from the property line would be required. This represents a modification of
the October 25th proposal, which had proposed a FAR of 1.0 and height of 30'.
The lower standards were proposed because there was concern that the
environmental document. had not analyzed the greater FAR and height. However,
it has been verified that increased FAR and height were properly analyzed.
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4. Car Alarm disengagement requirement removed. The proposed operational
standard requiring disabling of audible car alarms on inventory parked in
residentially-zoned parking structures has been deleted from the revised .draft
ordinance. While this measure was proposed to mitigate anticipated nuisances to
surrounding residential uses, the feasibility of implementation is questionable and
auto dealers have testified to the Council that for some car brands the requirement
would pose a hardship and may in fact put the dealership in legal jeopardy.
Additionally, auto dealers have testified that changes in car alarm technology have
reduced accidental activation incidents, such that the noise issues cited in the past
may not be as significant a concern.
5. Requiring Solar Photovoltaic (PV) systems in conjunction with residentially-
zoned parking structures: At the Council's request, staff has ,prepared
information for Council to consider if it wishes to require provision of some level of
solar energy collection on a parking/inventory storage structure in a residential
zone (Attachment F). The City will be constructing a photo voltaic (PV) system at
the new 892-space Civic Center parking structure, to be mounted on a rooftop
solar port. The system is expected to produce about 30% of the building's
anticipated electricity demand. Based on lessons learned in development of this
facility, City staff analyzed the factors involved in providing PV systems on parking
structures and applied them to the potential automobile dealership facilities.
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In consultation with the City's Environmental Programs Division, it is recommended
that the Council consider the following if it wishes to require providing a Solar PV
system in conjunction with construction of dealership structures on residential lots:
^ The PV system should be designed to provide 20% of the parking
structure's anticipated electricity use. This level is recommended because it
provides a relatively substantial benefit and is generally achievable given
the surface area of the typical property.
• For a prototypical R2 structure on a 15,000 square-foot lot, holding 69 cars
on two levels above ground and one subterranean, the estimated price of
this system would be about $9,700. For a slightly larger three story, 92-car
structure, the estimated cost would be about $13,000. The PV facility could
be installed on the structure itself, on a solar port, or on the rooftop of an
adjacent building at the dealership site. It should be noted that the cost
would increase by about 50% to develop a facility that would produce 30%
of the building's anticipated electrical needs.
Pending Council direction, staff has prepared draft language that would require
installation of a PV system, which could be added to the draft interim ordinance.
6. Entitlement process timelines for a Performance Standards Permit (PSP) or
Conditional Use Permit (CUP): Council requested information regarding the time
required for CUP or PSP entitlement of a project. The overall length of the process
depends on factors that are within the City's control in some cases and dependent
on the applicant in others. The time frames given in the table below account for
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only the City's processing time based on current performance goal standards. The
City's zoning requirements for dealerships are consistent with Building and Safety
Codes.
Permit
Process Permit Review Time/ fees ARB Review
time/ fees- B&S, 1S set of
comments B&S, 2" set
of comments
PSP 8 weeks/ $989.47 6 weeks/ 6 weeks 3 weeks*
$1,002.82
CUP 26 weeks or up to one year 6 weeks/ 6 weeks 3 weeks*
if an EIR is required/ $1,002.82
$8,134.88 + cost of
environmental documen-
tation and administration.
` Total building permit entitlement process depends on number of plan corrections and applicant's
turnaround time for resubmittal.
7. Temporary or "Interim" Use Permits: Council heard auto dealers' concerns that
the proposed three-month TUPs for inventory storage or one-year period for
dealerships under construction do not provide adequate relief for their inventory
storage needs. They have requested that the City create an "Interim" permit
process that allows use of surface. lots for longer periods, suggesting atwo-year
term with renewal opportunities. They have indicated agreement with requiring
certain site development conditions, including fencing, landscaping around the
perimeter, provided staff has flexibility to modify where infeasible, and other
reasonable site specific operational requirements and improvements to ensure
compatibility with surrounding uses (Attachment G).
The primary concern regarding the dealers' request is that authorizing a broad right
to utilize available surface lots for auto storage in the city's commercial zones may
result in incompatible, relatively long-term storage lots around the city rather than
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development of more compatible uses. Furthermore, a consequence might be
continuation of unimproved dealerships along Santa Monica Boulevard. Reducing
the pressure to find a better solution would leave little incentive for dealers to
resolve this issue with on-site structures that would enclose operations, reduce
impacts on residential uses and better utilize their primary. dealership properties.
However, the need for storage in the near future is clear, particularly with loss of
space at the Santa Monica Airport. (Currently, two dealerships, Acura & Lincoln
Mercury, share a one acre area for storage;. previously, there had been four
dealerships utilizing an additional half-acre, but additional space is not available at
this time.) It is recommended that the originally proposed three-month term be
replaced with a Zoning Administrator-approved TUP for surface storage lots in the
M1 and LMSD zones for aone-year period with two possible six-month extensions.
A criterion for extension would be demonstration of effort to provide on-site storage
through submittal of required applications and progress through the entitlement
process. These longer term permits would not be permitted in commercial zones
for compatibility reasons as cited above. Also, to ensure available properties do not
remain as auto storage lots indefinitely, consecutive TUPs at the same location
would not 6e permitted. Perimeter landscaping would be required unless the
Zoning Administrator determines that compliance with that standard would create
an undue hardship given existing site conditions. Fencing and other barrier
material would be subject to architectural review and approval.
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8. SMADA proposal to allow exchange of automobile storage and employee
parking locations: There are a few dealership inventory lots located on
Broadway, where inventory storage for auto dealerships is now a permitted use,
but free-standing surface parking lots are not allowed. SMADA has requested
flexibility to allow employee parking at these locations of which there are three that
staff has identified. At the dealers' .request, this possibility was studied in the EIR,
and no significant impacts were identified.
A primary concern about allowing this flexibility has been encouragement of long-
term surface parking use on Broadway, which is envisioned as a mixed-use
neighborhood. However, it is recommended to allow employee parking on those
BCD-zoned lots existing at the time of the interim ordinance's approval, subject to
Zoning Administrator approval of site plans both for the Broadway and dealership
properties. The plans would be reviewed to ensure that the relocation of inventory
onto a dealership site does not result in a loss of overall parking capacity for the
dealership's customers and employees. In order to improve the pedestrian
character of Broadway, installation of perimeter landscaping would be required and
both lots would require striping and marking of employee parking spaces in
compliance with the approved plans. Tandem parking would be permitted for both
inventory and employee parking.
9. Parking Requirements: SMADA has requested that the Interim Ordinance include
changes to the parking requirements, specifically modification of the 1:400 ratio for
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indoor showrooms to be the same as the 1:2,000 ratio for outdoor display. Their
reasoning is that the space used for car display generates the same need for
parking, whether it is indoors or outdoors. However, a car showroom is a more
spacious area that might function as a gathering area where customers would tend
to remain longer. Staff has not conducted an in-depth parking analysis, since
current parking requirements were not identified as an issue in the public outreach
process. While the HR&A study conducted for SMADA included recommendations
for achieving an appropriate- parking supply, its recommended Code modifications
to do so did not include changing the required number of spaces. It is
recommended that this suggestion be considered during the Zoning Ordinance
revision process.
10. Graphic representation of proposed parking structures: In response to the
Council's request, staff has prepared across-section of potential parking structures
in relation to their adjacent residential uses (see Attachment J). It is noted that the
proposed height, including projections, would be lower overall than residential
structures permitted in the R2 and R3 districts, but the maximum parcel coverage
for upper floors would not be limited in the same way, resulting in less articulated
structures.
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Attachment E contains a summary table of all proposed regulations for each district.
Public Input
City staff received a letter from SMADA's legal counsel on November 21, 2005, and met
with a group of ten auto dealers and SMADA representatives on November 22, 2005.
Questions raised at -the previous Council meeting were discussed, and participants
shared opinions on issues including on-street delivery, temporary/interim inventory
storage, permit process details, Broadway storage lots for employee parking use -and
alarm disabling. SMADA representatives stated that they do not object to compliance
with development standards generally, provided that staff is granted authority to provide
waivers in case of hardship and infeasibility. SMADA sent another letter on December
6, following up on some issues discussed at the meeting. Attachment F contains copies
of all correspondence received since October 25.
PUBLIC NOTIFICATION
Pursuant to Municipal Code Section 9.04.20.22 and consistent with CEQA
requirements, staff notified a mailing list representing residents and property owners
that live within 500 feet of an existing dealership as well as individuals who have
commented on the processes and/or asked to be included in the mailing list. In
addition, a notice was published in the California Section of The Los Angeles Times at
least ten consecutive calendar days prior to the hearing. A copy of the hearing notice is
contained in Attachment I.
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BUDGET/FINANCIAL IMPACT
The recommendation presented in this report does not have any direct budget or fiscal
impact. Regulations proposed herein may result in development of projects that might
result ih additional tax revenues.
RECOMMENDATION
It is recommended that the Council take the following actions:
1. Adopt the attached Resolution to certify the Environmental Impact Report,
2. Adopt the attached Resolution to approve a Statement of Overriding
Considerations based on the project's public benefits;
3. Adopt the attached Resolution to amend the Land Use Element of the General
Plan, modifying Policies 1.2.2 and 1.2.3, based on the attached findings.
4. Introduce for First Reading an Interim Ordinance modifying regulations related to
automobile dealership uses.
Prepared by: Andy Agle, Interim Director
Amanda Schachter, Planning Manager
Jonathan Lait, AICP, Principal Planner
Elizabeth Bar-EI, AICP, Senior Planner
City Planning Division
Planning and Community Development Department
Attachments:
A. Resolution Certifying the. Final Program Environmental Impact Report
B. Resolution Adopting a Statement of Overriding Considerations
C. Resolution to Adopt the General Plan Land Use Element Amendment
D, Proposed Interim Ordinance
E. Summary Table: Proposed Auto Dealership Interim Ordinance Policies
F. Parking Structure PV System spreadsheet
G. Public Comments received since October 25, 2005
H. October 25, 2005 Staff report:
I. Notice of Public Hearing
J. Cross-sections of potential R2/R3 parking structures compared with permitted
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City Council Meeting: May 9, 2006
Agenda Item:
To: Mayor and City Council
From: Andy Agle, Interim Director, Planning and Community Development
Subject: Introduction and First Reading of an Interim Ordinance Extension Related
to New Automobile Dealership Standards
Recommended Action
It is recommended that the Council modify one provision of the interim ordinance in
order to allow auto dealers that provide incentives consistent with the City's
Transportation Demand Ordinance (TMO) to charge employees for parking, and adopt
on First Reading an Interim Ordinance extending Interim Ordinance No.2179 (CCS)
until July 10, 2008, amending. the City's application review procedures and zoning
regulations governing automobile dealerships.
Executive Summary
Interim regulations for automobile dealerships will expire on July 10, 2006 unless
extended. A two-year extension will allow time for permanent regulations to be included
in the new Zoning Ordinance. Following analysis of several topics requested by the
Council, one change is proposed in the attached ordinance that relates to free on-site
employee parking. Additionally, clarification language is proposed regarding the
performance standards to which existing dealerships are also subject. A revised Interim
Ordinance Extension is included with this report as Attachment A.
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.Discussion
Background
Following an extensive outreach and review process, revised standards .governing
automobile dealerships in commercial and industrial zones, and allowing development
of parking and inventory structures on residential lots that are currently used by auto
dealerships, were discussed at a public hearing on March 28, 2006 and adopted on an
interim basis. The provisions contained in the interim ordinance continue to be
necessary to protect the public health, .safety and welfare, and it is, therefore,
recommended that the Council extend this ordinance until July 10, 2008.
At the March 28th meeting, the Council requested additional information on the following
topics: allowing the use of residential and parking overlay lots for inventory storage;
requiring free on-site parking; reinstating language that discounts rooftop parking floor
area by 50% in calculating the floor-area-ratio (FAR); and. noise concerns in the
M1/LMSD zones.
Previous Council Actions
The Council approved the First Reading for Interim Ordinance No. 2179 (CCS) on.
March 28, 2006, and Second Reading on April 11, 2006. The interim ordinance expires
on June 10, 2006.
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Alternatives
Council requested information in order to consider possible modifications to the Interim
Ordinance. The following provides analysis of these issues and explains why one
modification is proposed and others are not recommended.
Free On-site Parking: The Interim Ordinance continues the existing Code requirement
[SMMC 9.04.14.160.a.1(c)] for on-site automobile dealership parking to be provided free
of charge to customers and employees. This requirement is intended to encourage
employees and/or customers to park on-site.
Some automobile dealers have testified that requiring free parking to employees runs
counter to the City's efforts to reduce trips through ridesharing and transit use. The
City's Transportation Management Ordinance (TMO) requires employers with 50 or
more employees to participate in the City's TMO program, while those with 10-49
employees must register but participation is optional. For employers subject to the
ordinance, the City requires that incentives be provided to encourage ridesharing or
transit, with a goal of achieving an Average Vehicle Ridership (AVR) of 1.5 employees
per vehicle. Participating auto dealerships with 50 or more employees and their most
recently reported AVRs are as follows':
Sonic Honda/Volvo
Toyota
Lincoln/Mercury
Volkswagen/Lexus
BMW/Isuzu
Nissan
Hornburg Jaguar
1.08
1.15
1.13
1.62
1.21
1.15
1.04 (first year plan)
Ford 1.12
W.I. Simonson 1.20
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City of Santa Monica Transportation Management Division Data
These figures show that only one dealership, Volkswagen/Lexus, has met the target
AVR. Auto Dealerships registered with Transportation Management that have 10-49
employees include Santa Monica Acura, Santa Monica, Mitsubishi, Santa Monica
Infiniti, Saab of Santa Monica and Santa Monica Auto Group. The City does not collect
data on AVR for these dealerships.
In .order to maintain the intent of reducing commercial intrusions into residential
neighborhoods and support the city's ridership goals, it is recommended to retain the
requirement to prohibit charging for available on-site parking, but add an exception
allowing dealers to charge employees (not customers) for parking if rideshare and
transit incentives are provided consistent with the City's TMO program, subject to the
Transportation Planning Manager's approval. The attached Interim Ordinance has been
revised to reflect this change.
Inventory storage. on residential and parking- overlay (R2/R3 and "A") lots: Automobile
dealers have been requesting permission to use residential (R) lots at their dealerships
flexibly, for surface parking and/or inventory as dictated by their needs at any given time
(see letter from Santa Monica Auto Dealers Association (SMADA), Attachment C).
Currently, some of these R-lots can only be used for customer or employee .parking,
while others have anon-conforming legal right to use them for inventory purposes
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[SMMC 9.04.18.040(d)]. The adopted Interim Ordinance continues to prohibit surface
inventory storage on R-lots where it has not already been legally established.
Modifying the ordinance to grant the dealers' request has advantages and
disadvantages. The main reason that it is recommended to continue prohibiting surface
inventory storage is to encourage. redevelopment of the auto dealers' properties in a
more efficient manner. The General Plan was amended to allow automobile
dealerships to build parking and storage structures on their residential lots, and the
Interim Ordinance includes provisions to facilitate their development, including
exemption from multi-family development standards required in these zones and
allowing rooftop parking. Those dealers that are legally entitled to have surface
inventory storage on residential lots may continue to do so; other dealers who wish to
use them for this purpose would be encouraged to look at ways to redevelop their
parcels to utilize them to a higher degree. Additionally, inventory storage lots would be
amore intensive operation, with sales activity occurring closer to residential uses. Even
if sales activity did not occur, transporting vehicles from these lots. for the customer
could result in more activity than if the R-lot were used for parking.
Modifying the ordinance to allow inventory storage on the. residential lots would,
however, benefit the dealerships by improving the accessibility of inventory to show
customers. This may eliminate some trips bringing vehicles from off-site locations to
customers, thereby somewhat reducing traffic in the area.
27
The Santa Monica Auto Dealers Association (SMADA) has suggested allowing surface
inventory storage on R-lots in exchange for employee parking elsewhere. For instance,
dealerships would be permitted to swap their R-lot parking with inventory now kept in
the Broadway Commercial District (BCD). The Interim Ordinance now allows such
exchanges of parking and inventory between commercial dealership lots and BCD
locations. If Council desires to change the Interim Ordinance and extend the potential
of that provision to include exchanges with adjacent R-lots, staff will have alternative
language to effectuate this change. The BCD lots in question are about '/4 mile from
their associated dealerships. Additionally, dealers able to find other legal locations
within a reasonable walking distance could do the same.
Overall, modification of the Interim Ordinance is not recommended because parking
intrusion into nearby neighborhoods was one of the most consistently mentioned
impacts during the public outreach process. Staff is not convinced that there is a clear,
enforceable mechanism for distinguishing and monitoring inventory versus parking and
is concerned that ultimately, inventory will be .parked in both locations. Should the
Council choose to allow inventory storage on surface lots, it is recommended that the
following provisions be included:
• Require displaced employee parking at another off-site, off-street location
through an administrative review procedure similar to Section 8(a) of the Interim
Ordinance;
• Require that the off-site location be within a reasonable walking distance to the
dealership (1/8 to Y4 mile);
28
• Require that a specified number of customer parking spaces on the commercial
dealership property be provided;
• Prohibit sales activity on R-lots;
• Require R-lots to revert to parking if the alternative off-site parking source
becomes unavailable.
Fifty Percent Floor-Area-Ratio (FAR) Discount for Rooftop Parking/Storage: The
potential size of an automobile dealership at any particular location will be determined
by the parcel size, limitations to maximum height and floor area, and compliance with
other standards, such as parking or landscaping. Throughout the interim ordinance,
incentives are offered to encourage dealerships to redevelop their commercial and
residential lots in ways that address their needs and long standing concerns expressed
by area residents. Those incentives include increased floor area and height on most
commercial properties, provisions that allow parking structures on residential lots and
exempting all subterranean activity from the floor-area-ratio (FAR) calculation, which
expands potential inventory storage and service capacity in a way that was not
previously possible. The discussion regarding floor area discounts for FAR calculation
relates specifically to commercial properties as development on residential parcels is
limited by parcel coverage; a distinctly different calculation.
As contained in the existing Interim Ordinance, elimination of the fifty percent discount
for rooftop automobile storage is another way to encourage more activity underground
in commercial districts. In addition to the capacity provided by one or-two levels of
29
subterranean activity, the increased floor area and height provisions provided in the
interim ordinance far offset the loss of removing the discount from the rooftop parking
calculation. Because this provision seeks to address concerns about commercial
development expressed by area residents and to retain incentives to utilize
subterranean space when redeveloping commercial. properties, it is recommended that
Council retain the current Interim Ordinance provision. If Council wishes to reduce
rooftop area in floor area calculation, language could be added to Interim Ordinance
Sections 2, 3, and 5.
Noise regulation in industrial (M1/LMSD) areas: Council requested further clarification of
standards applicable to dealerships that the Interim Ordinance now permits in the M1
industrial zone. Section 5 (e) of the ordinance specifies that any PSP or CUP issued for
a dealership would be subject to the same standards set forth in Interim Ordinance
Section 7 that apply to dealerships in all zones. These standards include hour
restrictions for off-loading and outdoor activities, noise control including prohibition of
outdoor loudspeakers, control of test-driving routes and alley traffic and other
requirements designed to make these uses more compatible with surrounding uses.
The Zoning Code already requires vehicle repair activity to occur within an enclosed
structure and prohibits operation of repair facilities for both existing and new dealerships
between 8:00 pm and 7:00 a.m. Monday through Saturday, with no activity permitted on
Sunday. The Interim Ordinance further. prohibits all dealership activity at a location
within 100 feet of a residential district between 10 p.m. and 7 a.m., which the Planning
Commission may further restrict for projects subject to the CUP process.
30
As existing regulations and the interim ordinance already provide protections, no
modification to the interim ordinance is recommended.
Performance Standards for Existing Dealerships: The Zoning Ordinance requires that
existing automobile dealerships comply with certain standards regarding noise impacts,
vehicle off-loading, test driving, alley use, prohibition of vehicle storage on the public
right-of-way, hours of operation and accessory auto rental. In the interest of having all
regulations applicable to auto dealerships in one place, the extended ordinance
contains an explicit reference at the beginning of Section 7 to the requirements that
pertain to existing dealerships.
Budget/Financial Impact
The recommendation presented in this report does not have any direct budget or fiscal
impact. Regulations proposed herein may result in development of projects that might
result in additional tax revenues.
Prepared by: Elizabeth Bar-EI, AICP, Senior Planner
31
Attachments:
A. Draft Interim Ordinance Extension
B. Notice of Public Hearing
C. Correspondence received since March 28, 2006
Approved: Forwarded to Council:
Andy Agle P. Lamont Ewell
Interim Director, Department of Planning City Manager
and Community Development.
F:\CityPlanning\Share\COUNCIL\STRPT\2006WUto Dealers 10 Extension.doc
32
F:\atty\mu n i\laws\barry\a utodealersinteri mordext5-13-08
City Council Meeting 5-13-08 Santa Monica, California
ORDINANCE NUMBER (CCS)
(City Council Series)
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA
MONICA EXTENDING THE INTERIM ORDINANCES MODIFYING ZONING
REGULATIONS PERTAINING TO AUTOMOBILE DEALERSHIPS, ASSOCIATED
AUTOMOBILE PARKING STRUCTURES AND AUTOMOBILE STORAGE LOTS;
INCLUDING ALLOWING DEVELOPMENT OF AUTOMOBILE PARKING
STRUCTURES AND AUTOMOBILE STORAGE FACILITIES ASSOCIATED WITH AN
ADJACENT DEALERSHIP ON CERTAIN RESIDENTIALLY ZONED SITES,
ESTABLISHING DEVELOPMENT STANDARDS; DESIGN STANDARDS, REVIEW
PROCESSES AND OPERATIONAL STANDARDS,. AUTHORIZING AUTOMOBILE
DEALERSHIPS IN THE M1 DISTRICT, ADJUSTING THE F.A.R. CALCULATION ,
.METHODOLOGY, AUTHORIZE EMPLOYEE PARKING ON EXISTING INVENTORY
LOTS. IN THE BCD ZONING DISTRICT AND MODIFYING THE TEMPORARY USE
PERMIT PROVISIONS FOR DEALERSHIPS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Findings and Purpose. The Council finds and declares:
(a) Auto dealerships have a long history in the City, dating back as early as the
1920's with the establishment of Claude Short Dodge and W.I. Simonson Mercedes.
(b) By the 1950's and 1960's, a significant number of dealerships were located
in the City, with most of the dealerships concentrated along a stretch of Santa Monica
Boulevard between 9th Street and the City's east boundary.
(c) Some Santa Monica dealerships pre-date the residential development that
now surrounds them, while others pre-date the intensity of that development.
(d) The higher density residential development and increasing pressure on
dealerships with relatively small land areas has intensified the conflict between
surrounding residents and the auto dealerships.
(e) The City has received regular complaints regarding dealership operations
specifically with regard to the use of alleys, noise, lighting, glare, off-loading inventory,
test driving, repair work and customers and employees parking on residential streets.
(f) The overall parking shortage in the vicinity of auto dealerships has given rise
to conflicts over the use of street parking, resulting in the creation of many permit-
parking zones. in the residential streets adjacent to Santa Monica Boulevard.
(g) Auto dealerships have similarly been dissatisfied with the development
potential for expansion in their existing locations or in the nearby vicinity.
(h) In February 2001, a group of dealerships presented the City with a study
prepared by the consulting firm of HR&A which outlined the dealers' concerns with the
existing Zoning regulations and made specific recommendations for amending the
current standards and imposing operational requirements applicable to existing
dealerships.
2
(i) Recognizing. the economic importance to the City of retaining these
businesses, the City Council directed the Planning Division to study the auto dealers'
concerns and the conflicts with neighboring residential uses.
Q) The City hired the consultant team of Cotton/Bridges/Associates, Moore,
lasofano Goltsman, Inc, and Economics Research .Associates to review the HR&A
study, evaluate the issues involved and recommend proposals for amending the City's
regulatory scheme.
(k) During a six month period; City staff aided by the consultant team held
numerous neighborhood community meetings, met with the owners of auto dealerships,
and analyzed the data provided in the HR&A report.
(I) On April 21, June 2, and June 16, 2004, the Planning Commission
conducted a study session to review and comment on recommendations regarding
changes to the Zoning Code regulations pertaining to auto dealerships in commercial
and industrial zones in the City, as well as residential zones with Parking Overlay ("A)
designations.
(m) On September 28, 2004, the City Council considered the Planning
Commission and staff recommendations regarding .changes to the Zoning Code
regulations for auto dealerships. At the conclusion of this hearing, the City Council
directed staff to return with a proposed interim ordinance for its consideration.
(n) On July 6, 2005, the Planning Commission initiated the process to amend the
City's General Plan Land Use Element to modify certain policies governing- parking
structures on parcels zoned for low and medium-density housing.
3
(o) On July 20, 2005, the Planning Commission held a public hearing to consider
this General Plan amendment and forwarded its recommendations to the City Council.
(p) The City Council held public hearings on the General Plan amendment and
the initial interim ordinance on October 25, 2005 and March 28, 2006. The City Council
adopted the initial interim ordinance, Ordinance Number 2179 (CCS), on April 11, 2006.
The City Council extended the initial interim .ordinance through the adoption of
Ordinance Number 2186 (CCS) on May25, 2006.
(q) This interim ordinance modifies Zon ing Code regulations pertaining to
automobile dealerships, associated parking structures, and automobile storage facilities,
including allowing development of parking structures on parcels zoned for. low and
medium-density housing that are adjacent to existing dealerships and are lawfully used
by them currently, modifies the existing development standards .for automobile
dealerships in the C4, C6, and LMSD Zoning Districts,. authorizes automobile
dealerships in the M1 Zoning District subject to a Performance Standards Permit or
Development Review depending on the project size, authorizes employee parking on
existing inventory lots in the BCD Zoning District, and modifies certain operational
standards and review processes.
(r) As detailed above,. the existing Zoning Code regulations relating to
automobile dealerships pose a current and immediate threat to the public health, safety,
and welfare of the residents and auto dealerships. For these reasons, the Zoning
Ordinance continues. to require review artd revision as it pertains to the appropriate
standards that should govern these dealerships.
4
(S) Pending completion of this review and revision, which will occur as part of the
Land Use Element/Zoning Ordinance update, in order to protect the public health,
safety, and welfare, it is necessary on an interim basis to extend the interim
modifications to certain zoning standards pertaining to automobile dealerships,
automobile storage lots, and automobile centers, including allowing development of
parking structures on parcels zoned for low ahd medium-density housirig that are
adjacent to existing .dealerships and are lawfully used by them currently, modifying the
existing development standards, design standards, review processes, and operational
standards, authorizing automobile sales in the M1 Zoning District subject to a
Performance Standards Permit or Development Review depending on the. project size,
authorizing employee parking on existing inventory lots in the BCD Zoning District, and
modifying the temporary use permits provisions for automobile dealerships.
(t) .Ordinance Number 2186{CCS) will expire on July 10, 2008 unless extended.
Adoption of the proposed extension ordinance -will provide adequate time. to amend the
City's Zoning Ordinance on a permanent basis in conjunction -with the Land Use
Element/Zoning Ordinance update.
(u) As described above, there exists a current and immediate threat to the
public health, safety, and welfare should. this interim ordinance not be adopted.
Consequently, it is necessary for this ordinance to extend the provisions of Ordinance
Number 2179 _(CCS) and Ordinance 2186 (CCS) up to and including August 8, 201.0,
establishing oh an interim basis the following development standards:
5
SECTION 2. C4 Commercial Zone: New automobile dealerships and the
indoor or outdoor expansion of existing automobile dealerships shall be allowed in the
C4 Highway Commercial District subject to the following property development
standards:
(a) Maximum FAR: The maximum Floor-Area-Ratio (FAR) on all lots shall be
1.5. For purposes of calculating FAR, all semi-subterranean and subterranean floor
area shall be excluded and rooftop floor area dedicated to parking or storage uses shall
be discounted by 50%.
(b) Maximum Building Height: 35 feet, except that for parcels fronting on
Lincoln Boulevard north of the Santa Monica Freeway, the maximum height shall not
exceed 45 feet. There shall be no limit on the number of stories provided that the height
does not exceed the maximum number of feet permitted by this subsection (b).
(c) Rear Yard` Setback:. None, except:
(1) Where the rear parcel line abuts a residential district, a rear yard equal to:
5' + (stories X lot width)
50'
The required rear yard may be used for parking or loading to within five feet of the rear
parcel line provided the parking or loading does- not extend above the first floor level
and provided that a wall not less than five feet or more than six feet in height is erected
and maintained along the rear commercial parcel line. Access driveways. shall be
permitted to perpendicularly cross the required rear yard provided the driveway
complies with .access requirements in Santa Monica Municipal Code Section
6
9.04.10.08.090 and does not exceed the minimum width permitted for the parking area.
A required rear yard shall not be used for commercial purposes.
(2) To the extent needed to accommodate landscaping and screening for a rear
yard buffer required pursuant to Santa Monica Municipal Code Part 9.04:10.04..
(3) The exception specified in this subsection (c) shall not apply when the
adjacent residential parcel is used by the automobile dealership.
(d) Side Yard Setback: None, except:
(1) Where the interior side parcel line-abuts a residential district, an interior
side yard equal to:
5' + (stories X lot width)
50'
The interior side yard may be used for parking or loading to within five feet to the interior
side property line provided the parking or loading does not extend. above the first floor
level and provided a wall. not less than five feet or more than six feet in height is erected
and maintained along the side commercial parcel line. A required interior side yard shall
not be used for vehicle access. or for commercial purposes.
(2) To the .extent needed to accommodate landscaping required for a street
side yard, landscape buffer and screening pursuant to Santa Monica Municipal Code
Part 9.04.10.04:
(3) The exception specified in this subsection (d) shall not apply when the
adjacent residential parcel is used by the automobile dealership.
7
(e) Rooftop Parking: Rooftop parking is permitted subject to the special
standards set forth in Section 6.
(f) Design Standards. Parking structures and automobile storage lots within an
automobile dealership constructed under these provisions shall be subject to the design
standards set forth in Section 6.
(g) Other Property Development Standards: All other property development
standards set forth in Santa Monica Municipal Code Section 9.04.08.22.060 shall apply
except to the extent they are inconsistent with the standards set forth in this Section 2.
(h). Approval Process: A floor area expansion to or establishment of a new
automobile dealership shall be subject to a Performance Standards Permit (PSP) if the
new use or added floor area is greater than 2,000 square feet of net new office or
showroom floor area, but less than 7,500 square feet of floor area. A Conditional Use
Permit (CUP) and a Development Review (DR) Permit shall be required if the new use
or added floor area are 7,500 square feet or greater in floor area. The PSP and the
CUP shall be subject to the standards set forth in Section 7. The DR Permit shall be
subject to Santa Monica Municipal Code Part 9.04.20.14.
(i) Pedestrian Orientation: Ground floor street frontage of each structure shall be
designed with pedestrian orientation in accordance with Santa Monica Municipal Code
Section 9.04.10.02.440.
(j) ARB Review: All new construction, new additions to existing buildings and
any other exterior improvements- that require issuance of a building permit shall be
8
subject to architectural review pursuant to the provisions of Santa Monica Municipal
Code Chapter 9.32.
SECTION 3. C6 Commercial Zone. The indoor or outdoor expansion of existing
automobile dealerships shall be allowed in the C6 Boulevard Commercial District
subject to the following property development standards:
(a) Maximum FAR: The maximum Floor-Area-Ratio (FAR) on all lots shall be
1.5, except the maximum FAR shall be 2.0 on lots 7,500 square feet or less. For
purposes of calculating FAR, all subterranean and semi-subterranean floor area shall
be excluded and rooftop floor area dedicated to parking or storage uses shall be
discounted by 50%.
(b) Maximum Building Height: 45 feet. However, there shall be no limit on the
number of stories provided that the height does not exceed the maximum number of
feet permitted by this subsection (b).
(c) Rear Yard Setback: None, except:
(1) Where the rear parcel line abuts a residential district, a rear yard equal to:
5' + (stories X lot width)
50'
The required rear yard may be used for parking or loading to within five feet of the rear
parcel line provided the parking or loading does not extend above the first floor level
and provided that a wall not less than five feet or more than six feet in height is erected
and maintained along the rear commercial parcel line: Access driveways shall be
permitted to cross perpendicularly the required rear yard provided the driveway does
9
not exceed the minimum width permitted for the parking area. A required rear yard shall
not be used for commercial purposes.
(2) To the extent needed to accommodate landscaping and screening for a
rear yard: buffer required pursuant to Santa Monica Municipal Code Part 9.04.10.04.
(3) The exception specified in this subsection (c) shall not apply when the
adjacent residential parcel is used by the automobile dealership.
(d) Side Yard Setback: None, except:
(1) Where the interior side parcel line. abuts a residential district, an .interior
side yard equal to:
5' + (stories X lot width)
50'
The interior side yard may be used for parking or loading to within five feet to the
interior side property lihe provided the parking or loading does not extend above the first
floor level and provided a wall not less than five feet or more than six feet is erected and
maintained along the side commercial parcel line. A required interior side yard shall not
be used for vehicle access or for commercial purposes.
(2) To the extent needed to accommodate landscaping; required for a street
side yard, landscape buffer and screening pursuant to Santa Monica Municipal Code
Part 9.04:10.04.
(3) The exception specified in this subsection (d) shall not apply when the
adjacent residential parcel is used by the automobile dealership.
10
(e) Rooftop Parking: Rooftop parking is permitted on all parcels subject to the
special standards set forth in Section 6.
(f) Design Standards. Parking structures and automobile storage lots within an
automobile dealership constructed under these provisions shall be subject to the design
standards set forth in Section 6.
(g) Other Property Development Standards: All other property development
standards set forth in Santa Monica Municipal Code Section 9.04.08.26.060 shall apply
except to the extent they are inconsistent with the standards set forth in this Section 3.
(h) Approval Process: A .floor area expansion to an existing automobile
dealership shall be subject to a Performance Standards Permit (PSP} if the additional
floor area is greater than 2,000 square feet of net new office or showroom floor area,
but less than 7,500 square feet of floor area. A Conditional Use Permit (CUP) and
Development Review (DR) Permit shall be required if the addition is 7,500 square feet
or greater in floor area. The PSP. and the CUP shall be subject to the standards. set
forth in Section 7. The DR Permitshall be subject to Santa Monica Municipal Code Part
9.04.20.14
(i) Pedestrian Orientation: Ground floor street frontage of each structure. shall be
designed with pedestrian orientation in accordance with Santa Monica Municipal Code
Section 9.04.10.02.440.
Q) ARB Review: All new construction, new additions to existing buildings and
any other exterior improvements that require issuance of a building permit shall be
11
subject to architectural review pursuant. to the provisions of Santa Monica Municipal
Code Chapter 9.32.
SECTION 4. Residential and "A" Off-Street Parking Overlay Zohes: Lots
designated ("A") Off-Street Parking .Overlay District, Low Density Multiple-Family
Residential District (R2), or Medium .Density Multiple Family Residential District (R3)
that are contiguous to and were used legally in conjunction with an automobile
dealership in operation on September 28; 2004, which automobile dealership uses have
not subsequently been abandoned ("Qualifying Lots"), may be developed as an
automobile storage structure or parking structure provided these uses are. operated in
conjunction with an automobile dealership on the associated and adjacent commercial
lot and the development is undertaken pursuant to the following standards:
(a) Maximum Parcel Coverage: 50% of residential parcel area.
(b) Maximum Building Height:
(1) R2 Zone: 23 feet, excluding four feet of the required parapet.
(2) R3 Zone: 28 feet, excluding four feet of the required parapet.
(c) Setbacks:
(1) A minimum 20 foot setback from the property line adjacent to a public
street.
(2) A minimum 15 foot setback shall be provided .from: the property line
opposite the street facing property line. Where an alley is present; this distance may be
measured from the alley centerline.
12
(3) Except when subsection (c)(2) of this Section applies, a minimum 8 foot
setbacK shall be provided between any above grade structure and a property line that is
shared with an adjacent residential property that is not used as part of an automobile
dealership.
(d) Inventory Storage on Surface Lots. A qualifying lot may be used for
surface inventory storage only if the following conditions are met:
(1) Any displaced required parking shall be relocated to another off-street
location that is:
(A) Located within 750 feet of the qualifying lot, or
(B) Located within 300 feet of a public transit line that connects the off-street
location with the dealership and the dealership provides free bus passes to its
employees, or
(C) Serviced by adealership-provided shuttle between the off-street location
and the qualifying lot which has been approved by the City's Director of Planning..
(2) The displaced parking shall be returned to the qualifying lot if the criteria of
subsection (d)(1) are no longer met.
(e) Prohibited Uses.. No portion of a residentially zoned parcel may be used
for auto repair work, rental car use, automobile washing, outdoor display of vehicles,
commercial signage, .storage tanks, inventory storage on surface lots (except as
provided in subsection (d) of this Section),, or any other use not specifically identified in
this Section 4.
13
(f) Rooftop Parking: Rooftop parking is permitted subject to the special
standards set forth in Section 6.
(g) Exemption from additional multi-family. development standards: Except as
set forth or modified herein, the property development standards of Santa Monica
Municipal Code Section 9.04.08.06.060 and Santa Monica- Municipal Code Section
9.04.08.06.070 shall not apply in order to accommodate the specific structural and
design requirements of parking and automobile storage structures.
(h) Approval Process: A Conditional .Use Permit (CUP) and Development
Review (DR) Permit shall be required for the. development of any parking structure or
automobile storage lot. The CUP shall be subject to the standards set forth in Section
7: The DR Permit shall be subject to Santa Monica Municipal Code Part 9.04.20.14.
(i) ARB Review: All new construction, new additions to existing buildings and
any. other exterior improvements that require issuance of a building .permit shall be
subject to architectural .review pursuant to the provisions of Chapter 9.32 of this
Chapter.
Q) Design Standards. Parking structures constructed under these provisions
shall be subject to the design standards set forth in Section 6.
(k) Use to revert to residential: Structures constructed under these provisions on
residential parcels without an "A" Off-street Parking Overlay designation shall. be
permitted to remain only when operated in conjunction with an automobile dealership on
the adjacent commercial lot. If the automobile dealership use is abandoned, the parking
14
structure shall be removed or incorporated into a residential project on the residential
parcel(s) within 3 years.
(I) Housing Impact Fee: Parking structures and automobile storage lots
constructed on parcels designated as Low Density Multiple-Family Residential (R2) and
Medium Density Multiple Family Residential (R3); without an "A" Off-Street Parking
Overlay designation, may be subject to an Affordable Housing Fee established by
resolution of the City Council to mitigate the impact of the loss of the potential
development of affordable housing on these sites.
SECTION 5. M1 and LMSD Zones: Automobile dealerships, automobile storage
lots, and parking structures operated in conjunction with an automobile dealership shall
be allowed in the M1 Industrial Conservation District and the LMSD Light Manufacturing
and Studio District subject to the following property development standards:
(a) Maximum FAR: The maximum Floor-Area-Ratio (FAR) on all lots shall be
1:5. For purposes of calculating FAR, all subterranean and semi-subterranean floor
area shall be excluded and rooftop floor area dedicated to parking or storage uses shall
be discounted at 50%.
(b) Maximum Building Height: 35' unless the lot is located adjacent to a
residential use in which case the structure must have a 10' stepback from the property
line shared with the residential use.
(c) .Property Development Standards: Except as modified in this Section 5, all
property development standards set forth in Santa Monica Municipal Code Section
15
9.04.08.34.060 shall apply to the uses authorized by this Section that are located in the
M1 District and all .development standards set forth in Santa Monica Municipal Code
Section 9.04.08.35.050 shall apply to the uses authorized by this Section that are
located in the LMSD District.
(d) Design Standards. Parking structures and automobile storage lots
constructed under these provisions shall be subject to-the special standards set forth in
Section 6.
(e) M1 Approval Process: The uses authorized by this Section may be
permitted in the M1 zone subject to the approval of a Performance Standards Permit
(PSP) if a new development or expansion to an existing development is greater than
2,000 square feet of net new office or showroom floor area, but less than 7,500 square
feet in floor area. The uses authorized by this Section may be permitted in this zone
subject to the approval of a Conditional Use Permit (CUP) and a Development Review
(DR) Permit if the new development or expansion to an existing development is 7,500
square feet or more in floor area. The PSP and. the CUP shall be subject to the
standards set forth in Section 7. The DR Permit shall be subject to Santa Monica
Municipal Code Part 9.04.20.14.
(f) LMSD Approval Process: The uses authorized. by this Section may be
permitted in the LMSD zone subject to the approval of a Conditional Use Permit (CUP)
in :accordance with the standards set forth in Section 7. If the new development or
expansion to an existing development is 7,500 square feet or more in floor area, a
Development Review (DR) Permit shall also be required in accordance with Santa
Monica Municipal Code Part 9.04.20.14.
16
(g) ARB Review: All new construction, new additions to existing buildings and
any other exterior improvements that require issuance of a building permit shall be
subject to architectural review pursuant to the provisions of Santa Monica Municipal
Code Chapter 9.32.
SECTION 6. Special Standards for Parking Structures and Automobile Storage
Lots. Parking structures .and automobile storage lots associated with an automobile
dealership shall comply with the following special project design standards:
(a) Design Standards:
(1) Except for emergency-only pedestrian exists required by the Building Officer,
parking structure walls facing property lines that are adjacent to a residential use shall
be solid and decorative subject to the approval of the ARB. Openings may be permitted
adjacent to a public street or commercially zoned property.
(2) Non-skid or other similar surface treatment on both floors and ramps of the
parking structure shall be required to prevent tire squeals. This material shall be subject
to the review and approval of the Director of Planning and Community Development.
(3) Light sources shall be designed to contain 'direct and diffuse lighting and
glare on the subject property.
(4) Rooftop parking on parcels that directly abut or are separated by an alley
from a residential district is only permitted if the parking structure provides a 6 foot
parapet on the side of the parking structure closest to the residential district. This
parapet shall be solid and have a surface density of 4 pounds per square foot.
17
(5) In order to minimize noise and air impacts, exhaust vents and other
mechanical equipment associated with a parking structure shall be located as far from
residential uses as feasible consistent with the Chapter 8 of the Santa Monica Municipal
Code.
(6) Floor area dedicated. to employee and customer parking and vehicle storage
shall not apply to refuse. and recycling requirements ih Santa Monica Municipal Code
Section 9.04.10.02.150 and Section 9.04.10.02.151 unless othervvise required by the
Director of Environmental and Public Works Management or his/her designee in order
to protect the public health, safety, and general welfare.
(7) Parking structures developed in lots designated Parking ("A") Overlay, Low
Density Multiple-Family Residential (R2), or Medium Density Multiple Family Residentia(
(R3) shall also comply with the following additional requirements:
(A) Ingress and egress shall be from the adjacent commercial lot: The Planning
Commission may approve an alternative access plan that minimizes impacts to adjacent
residential uses if it determines that access from the commercial lot is precluded by
existing commercial development.
(B) At least 10% of the parking spaces within a structure shall be maintained and
designated for employee parking only, unless the Planning Commission determines
based on an employee parking demand analysis that sufficient parking is otherwise
provided either on-site or at an acceptable off-site location.
(C) If the structure is developed in conjunction with development on adjacent
commercial lots, the project shall be designed so that building mass increases toward
18
the commercial street and architectural elements that are permitted to exceed height
limits are located away from adjacent residential uses to the greatest extent feasible.
(D) Notwithstanding Santa Monica Municipal Code Section 9.04.10.02.170, a
four foot unexcavated area shall be provided along the entire length of a property line
shared by an automobile dealership and ah adjacent residentially zoned property. Fifty
percent of the required yard area adjacent to a public street shall remain unexcavated.
(E) Notwithstanding Santa Monica Municipal Code Section 9.04.10.02.170, a
landscaped buffer of minimum five-foot width shall be required along the property line
adjacent to a residential use. The buffer shall include a hedge to be maintained up to
12 feet in height where adjacent to a residential side yard and 42 inches in height where
adjacent to a residential front yard. The Planning Commission may reduce or waive any
part of this requirement if such reduction or waiver is consistent with the public health,
safety, and general welfare.
(F) At least fifty percent of the required yard area set forth in subsection (c)(1) of
Section 4 adjacent to a public street shall be landscaped pursuant to the provisions of
Santa Monica Municipal Code Part 9.04.10.04. Fifty percent of the unexcavated area
within this required yard shall be landscaped.-
SECTION 7. Performance Standards Permit and Conditional Use Permit
Requirements: Automobile dealerships, automobile storage lots, and parking structures
subject to a performance standards permit or a conditional use permit shall comply with
the following standards except to the extent that the reviewing authority determines that
19
compliance with any of these standards would create an undue hardship given existing
site conditions. Existing automobile dealerships shall comply with subsections (a), (d),
(e), (h), (i), (k), (n), and (p) of this Section 7.
(a) Parking and Vehicle Storage. Parking and vehicle storage spaces shall
only be for automobile- dealership use. Vehicle storage spaces may also be used by
other automobile dealerships for automobile storage provided that these vehicles would
otherwise have been located elsewhere in the City. On-site customer parking shall be
provided at no charge. Subject to the approval of the Transportation Planning Manager,.
on=site employee parking may be provided for a charge, but only if the automobile
dealership implements employee trip reduction strategies consistent with the City's
Transportation Management Ordinance, Santa Monica Municipal Code Chapter 9.16.
Employee and inventory parking may be provided as tandem and shall not be subject to
Santa Monica Municipal Code Part 9.04.20.26. Except as otherwise provided in this
Section, parking shall comply with Santa Monica Municipal Code Part 9.04.10.08.
Notwithstanding the parking requirements set forth in Santa Monica Municipal Code
Part 9.04.10.08, interior showrodm area specifically dedicated to vehicle display shall be
calculated at a rate of 1 space per 2,000 square feef of floor area. Associated sales
and office areas shall continue to be calculated as required by the Zoning Ordinance.
Areas designated for employee and customer parking shall not be used for vehicle
storage or display. Non-skid or other treatment shall be applied to the surface of the
parking structure utilized by vehicles to avoid tire squeals.
(b) Landscaping. Screening of outdoor display and non-display areas shall
comply with the provisions of Santa Monica Municipal Code Part 9.04.10.04. A
20 .
minimum two-foot landscape and decorative curb strip, where feasible, shall be
provided along the street frontage perimeter of all outdoor vehicle display areas.
Landscape materials shall be designed to provide an opaque visual buffer at least
twelve inches in height. Applicable setback requirements shall be expanded as
necessary to require a minimum five-foot landscaped area adjacent to any abutting
residential property not used as part of the dealership operation.
Final design treatment shall be subject to review and approval by the Architectural
Review Board. All surface parking areas not used for vehicle display shall be subject to
the parking lot screening requirements of Santa Monica Municipal Code Part
9.04.10.04.
(c) Lighting. All lighting shall comply with Santa Monica Municipal Code
Sections 9.04.10.02.270 and 9.04.10.02.280.
(d) Loading and Unloading of Vehicles. 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 (d).
(1) Loading and unloading of vehicles is limited to the hours of eight a.m. to
five p.m. Monday through Friday and nine a.m. to five p.m. on Saturday. Loading and
unloading of vehicles is prohibited on Sunday and legal holidays.
(2) A vehicle loading and unloading plan shall be submitted with the project
application for review and approval by the reviewing authority. The plan shall include
21
travel routes within the City, proposed loading and unloading zones, and identify time
and day of delivery. On-site loading and unloading or off-street loading and unloading
at an alternative location may be required by the reviewing authority, if not an undue
hardship, based upon the proposed project and existing or proposed site conditions. All
diesel trucks serving the dealership in any capacity shall be in compliance with
California State Law limiting diesel-fueled commercial vehicle idling.
(e) Storage of Vehicles. No automobile dealership owner, operator, or
employee, for any period of time on any public street or alley, shall park or store
vehicles for sale, to be repaired, that have been repaired, that are part of ah automobile
rental operation associated with the dealership, or that are provided to customers while
the customer's vehicle is being repaired.
(f) Repair of Vehicles, The repair and service facility portion of an automobile
dealership shall comply with the provisions of Santa Monica Municipal Code Section
9.04.14.050.
(g) Queuing of Vehicles. An adequate oh-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.
(h) 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. Each dealership operator
shall have an affirmative obligation to inform all its persohnel of this requirement and to
ensure compliance with it. The applicant shall prepare and submit to the Transportation
22
Management Division for approval a plan that complies with all requirements of this
subsection (h) to be included in a form prepared by Transportation Management
Division.
Existing dealerships shall submit plans to the Transportation Management Division for.
approval that satisfy the requirements of this subsection if such plans are not already on
file.
(i) .Control of Allev Traffic. Notwithstanding the prohibition of alley use for test
driving, each dealership operator shall present to the Transportation Management.
Division, at the same time of the filing of an application for a permit fora new dealership
or .substantial remodeling, plans for slowing traffic flow. 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 fifteen. 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.
(j) Circulation. The location of entries and exits from automobile. dealerships,
automobile centers, and automobile storage lots 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
23
an alley or other public way. Compliance with this subsection Q) shall be subject to
review by the Transportation Management Division.
(k) Noise Control.
(1) .There shall be no outdoor loudspeakers. Interior loudspeakers shall
produce no more than forty-five 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 eight a.m. or after six p.m. if reasonably likely to cause
annoyance to abutting or adjacent residences and shall at all times be in compliance
with the City's Noise Ordinance.
(3) Rooftop storage areas shall be screened with landscaping and/or noise
absorbing materials to minimize noise impacts on adjacent properties.
(I) 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
applicable federal, state, and local laws relating to the storage and disposal of toxic
chemicals and hazardous wastes.
24
(m) Air Quali
(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.
(n) Hours of Operation. Unless ,otherwise approved by the Planning
Commission, if the dealership is within one hundred feet of a residential district,
operation of the dealership shall be prohibited between the hours of ten p.m. and seven
a. m.
(o) Vehicle Stacking Equipment: Vehicle-stacking equipment shall be permitted
within parking structures and on surface lots for employee parking and vehicle storage
when screened with an eight-foot high solid masonry wall. The wall shall be set back
from the property line at least two feet so that a landscaped buffer of up to two feet in
width can be provided: Parking spaces in lifts shall not be applicable in calculating a
dealership's parking requirement. If the structure is located in an R2, R3 or A lot, the
spaces provided on lifts shall not be included in the base used for calculating the
required 10% provision of employee parking spaces. In addition, these spaces shall
not count toward fulfilling the 10% employee parking requirement. Vertical spaces
25
above employee parking shall be used for employee parking; spaces above inventory
shall be used for inventory. The Zoning Administrator, or the Plahning Commission if it
is reviewing other discretionary permits related to the parking structure or automobile
storage lot, may reduce the wall height requirement to a minimum of six feet and may
reduce or waive the landscaped setback .area if such reduction or waiver is consistent
with the public health, safety, and general welfare. All facilities shall comply with the
City's Noise Ordinance.
(p) Accessory Automobile Rental Agency Requirements: The following special
standards shall apply to accessory. automobile rental agencies located within
automobile dealerships:
(1) No more than ten percent of the total interior floor area of the automobile
dealership or a maximum of seven hundred fifty square feet, whichever is less, shall be
devoted to the accessory automobile rental agency operation;
(2) The accessory automobile rental agency shall only operate during the hours
of operation of the automobile. dealership;
(3) Vehicles may only be rented to customers of the automobile dealership;
(4) No exterior signage shall be permitted for the accessory automobile rental
agency; and
(5) The accessory automobile rental. agency shall not be advertised or marketed
as an independent automobile rental agency.
(q) Plan Verification. All dealerships shall submit a letter annually in June
affirming their continued compliance with their approved test-driving, vehicle off-loading,
26
and alley traffic control plans. Any .changes tq these approved plans shall require
approval of the Transportation Management Division.
SECTION 8. BCD Zone Employee Parking: Automobile dealership employee
parking shall be permitted on automobile storage lots existing as of January 24, 2006.
that are. used in conjunction with an automobile dealership provided that the following
conditions are met:
(a) The Zoning Administrator has approved a parking .site plan for both the
automobile storage lot. and the automobile dealership that ensures that any inventory
relocated from the inventory lot to the dealership to facilitate employee parking on the
inventory lot does not result in an overall loss :of parking capacity for the dealership's
customers and employees. The dealership parking lot and the inventory lot shall be
striped and the employee parking spaces demarcated in accordance with the approved
parking site plan.
(b) Perimeter landscaping shall be provided and maintained; except in a
required driveway or access area that is not less than two feet in depth measured
horizontally from-the property line adjacent to the public right-of-way, unless the Zoning
Administrator determines that compliance with this standard would create an undue
hardship given existing site conditions.
Tandem parking shall be permitted on these. BCD-zoned lots for both inventory
and employee parking.
27
SECTION 9. Temporary Use Permits (TUP): In addition to the uses set forth in
Santa. Monica Municipal Code Section 9.04.20.06, the following uses may be permitted,
subject to the issuance of a temporary use permit:
(a) Short-term automobile storage. Short-term automobile storage located in
the M1 or LMSD Districts associated with an automobile dealership for a maximum of
one year, subject to three additional six month extensions if there have not been
complaints and enforcement activities associated with .the operation of the storage
facility and if the operator of the facility is engaged in good faith efforts to secure long-
term parking entitlements for the vehicles.. Perimeter landscaping shall be provided and
maintained, except in a required driveway or access area that is not less than two feet
in depth measured horizontally from the property line adjacent to the public right-of-way,
unless the Zoning Administrator determines that compliance with this standard would
create an undue hardship given existing site conditions. The Zoning Administrator may
also impose additional site-specific operational improvement requirements to ensure
compatibility with surrounding uses. Physical security measures, such as fencing or
.other barriers, shall be subject to review by the ARB. Consecutive temporary use
permits for short-term automobile storage shall not be issued at the same location
unless authorized by a six month extension granted pursuant to this subsection (a) even
if the permit is sought by a different applicant.
(b) Automobile Dealership Temporary Relocation. Temporary relocation of an
automobile dealership for up to one year if the relocation is in conjunction with the
issuance of a building permit for an .approved new automobile dealership facility. The
temporary facilities may only include repair functions if these facilities are located in the
28
M1 or LMSD Zones and the facilities are not adjacent to residential uses or districts.
Three extensions of this permit may be granted for up to six months each, provided that
work on the dealership facility is continuing in good faith.
The review and issuance of a TUP shall be subject to Santa Monica Municipal
Code Sections 9.04.20.06.040-9.04.20.06.080.
SECTION 10. Automobile dealerships shall not be subject to the interim zoning
standards established in Ordinance Number 2242 (CCS).
SECTION 11. This ordinance shall be of no further force and effect after August
8, 2010,
SECTION 12. Any provision of the Santa Monica MunicipaLCode or appendices
thereto inconsistent with the provisions of this Ordinance, to the .extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
SECTION 13. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not. affect the validity of the
remaining portions of this Ordinance. The-City Council hereby declares that it would
have passed this Ordinance and each and every section, subsection, sentence, clause,
or phrase not declared invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional.
29
SECTION 14. The Mayor shall sign and the City Clerk shall attest to the
passage of this Ordinance. The City Clerk shall cause the same to be published once
in the official newspaper within 15 days after its adoption. This Ordinance shall
become effective 30 days from its' adoption.
30
APPROVED AS TO FORM:
I_j '~9,~Y i 3 ~COfis
HARDING LARMORE MULLEN 1.. ~ v`
JAKLE KUTCHER ~ KOZAL, ~~r:' ; ~ t€~~,~;, ~~;
ATTORNEYS AT LAW
W RITEft'S DIRECT DIAL
1250 SIXTH STREET, SUITE 300
(310) 451-2968 SANTA MONK A. CALIFORNIA 90401 1602
TELEPHONE (310) 393 1007
FACSIMILE (310) 392-3537
May 9, 2008
VIA E-MAIL & MESSENGER DELIVERY
Santa Monica City Council
1685 Main Street, Room 102
Santa Monica, CA 90401
~i 1'3 f r. l~'fav F; LSR~if.
WRITER'S E-MAIL ADDRESS
harding@hlmlaw.com
Re: Proposed Extension of the Interim Automobile Dealership Ordinance
Hearing Date: May 13, 2008
Agenda Item No. 7-C
Our Client: Santa Monica Automobile Dealers Association
Our File No. 1710.19
Dear Councilmembers:
This letter is submitted on behalf of the Santa Monica Automobile Dealers
Association ("SMADA") in response to the Staff Report, which proposes extension of
the existing interim ordinance establishing zoning standards for automobile dealerships.
The proposed ordinance would extend the existing interim ordinance without any
substantive changes. SMADA supports the proposed ordinance as presented by City
Staff and urges the City Council to adopt it.
SMADA understands that the City's land use and zoning standards will be
reviewed and potentially modified as part of the City's LUCE/Zoning Ordinance update
process. SMADA looks forward to working with the City in this process. In the interim,
SMADA urges the City Council to extend the existing interim ordinance as
recommended by City Staff.
Sincerely,
Christopher M. Harding
CMH:aes
cc: P: Lamont Ewell
Eileen Fogarty
Elizabeth Bar-EI
Maria Stewart
Marsha Jones Moutrie
Barry Rosenbaum
Mike Sullivan
SMADA Members
1710lCityCou nci1.19002.CMH
Il'I ti i ! J L~U(J
0
Page 1 of 2
Maria Dacanay
~~ A`? ] ~ 2GC8
From: Santa Monica City Manager's Office
Sent: Tuesday, May 13, 2008 3:03 PM
To: Maria Dacanay
Subject: FW: auto dealership standards interim ordinance extension
Importance: High
Attachments: Phil Brock.vcf
From: Phil Brock/ Studio Talent Group [mailto:phil@studiotalentgroup.com]
Sent: Tuesday, May 13, 2008 2:58 PM
To: Santa Monica City Manager's Office; Herb Katz Fwd; Richard Bloom; city@genser.org; Robert Holbrook; Kevin
McKeown Fwd; Pam OConnor; Bobby Shriver
Subject: auto dealership standards interim ordinance extension
Importance: High
As a co owner of an apartment house directly adjacent to a Santa Monica Car
Dealership I am concerned about the extension of an interim ordinance that does not
adequate/y address the concerns of a often overlooked neighborhood in our city. The
mid city neighborhood suffers from the effects of the insufficient regu/ation of our
dealerships each day. Noise and environmental pollution, commercial trucking and
test drives on residential streets, of%ys that are constantly blocked, non responsive
auto dealership staffs, and an inability to be oble to adequately operate our
apartment rental business and lower our tenonts enjoyment of their units and the
surrounding outdoors negate the positive effects of dea/ership sales tox dollars. The
interim guidelines need to be strengthened to protect the numerous residents of the
mid city not just extended to protect our city's sales tax bose.
Specifically regarding our building at 1328 12th Street it borders the Santa Monica
BMW dealership and there is no buffer zone between the outo repair storage yard,
the constant car washing and din of the outdoor stereos, alarms, car repair
technicians. discussions and the front windows of our opartment units. Previous
efforts to ask the dealership to insta/l a green zone and to limit the use of outdoor
stereos, muffle the sound of the car wash and keep the car transport trucks within
the industriv/ zone have proven to be unsuccessful. In fact this particular dealership
has been unresponsive to the point of the owner stating thot he "doesn't care about
the neighbors and hates the city of Santa Monica" yet wants to profit from our
citizens. If some of the dealers won't voluntari/y beautify their dea/ership
boundaries, curb noise, visual and environmental pollution and cooperate with the
residential owners who also attempt to operate businesses or /ive in the neighborhood
(as my mother has for 67 years) then our city ord/annces must be strong enough to
force all of the owners of auto dealerships to be good corporate citizens. I am
impressed that some of our dea/erships have moved their auto repair service centers
5/13/2008
age 2 of 2
south of Santa Monica Blvd into our city's industrial zone and away from housing
units. That makes sense and I hope that continues to happen in the future.
It is unfortunate that we have so little land in our city that the dealerships and
citizens undergo a tug of war for space and enjoyment of their properties,
houses, apartments and businesses but our regu/ations need to look at the needs of
all of the elements in our city's equation. This ordinance has been weighted too
strong/y in favor of the dealerships. Please balance this ordinance before extending
it.
Best
Phi/lip L Brock
310 3938004
1328 Twelfth Street
Santa Monica Ca 90401
5/13/2008
KATHRYN W. BOOLE ~> ~ ~' ' 3 %f'~?8
1328 12TH Street #3
Santa Monica CA 90401
Phone (310) 393 0788 Fax (310) 393 0225
Cell (310) 493 8004
Emoil: seorchlight.groupC~verizon.net
May 13, 2008
ATTN: Santa Monica City Council
RE: AGENDA ITEM 7C
SANTA MONICA CITY COUNCIL MEETING
MAY 13, 2008
Dear Santa Monica City Council:
I have been a resident at 1328 12°h Street in Santa Monica since August 1993.
During my residence I have seen the quality of life at my building significantly
impacted by continuous development of the automobile dealership and service
lot that directly face the front window of my apartment.
When 1 moved into this apartment the dealership was a relatively quiet Dodge
showroom and repair lot. Now it has grown into an extremely busy BMW
dealership with continuous noise and visual pollution from early morning until
well into the evening. I strongly oppose any further development of the
dealership as this will cause serious damage to the peace and quality of life in my
neighborhood.
In fact there has been a continuous deterioration of the quality of life here rather
than any improvement, since Ordinance 2186 was adopted about 2 years ago. I
urge you to have the Santa Monica car dealerships adopt far more stringent
guidelines.
From the front window of my apartment, where 1 now sit at my computer, I face
the service lot of Santa Monica BMW, which has grown busier each year.
Through this window I am met with a constant barrage of machine noise, loud
talking, radios blasting, engines revving, horns honking, frequent car alarms
going off again and again, and the loud spray of the carwash hoses. There is no
anti-pollution/anti-noise barrier between my window and this service lot other
than a cinderblock wall that is about 4 feet high with rebarsticking out the top.
In addition, a BMW 2-storey high light fixture stands in the middle of my view - of
course this view consists of 2 rows deep of cars waiting to be serviced, and
teams of guys washing cars. I often must keep this window closed even in warm
weather to mitigate the noise. When I have called the dealership about noise, 1
receive a genuine lack of sympathy if indeed I get someone other than a
receptionist or an answering machine on the line.
^r
,, ~~08
ATHRYN W. BOOLE
1328 1 ZTN Street #3
Santa Monica CA 90401
Phone (310) 393 0788 Fax (310) 393 0225
Ce/l (310) 493 8004
Emoil: search/ight.groupC~verizon.net
Early in the mornings out if front of the m~ apartment building, huge car transport
trucks arrive and park in the middle of 12 Street, waiting to unload. Frequently,
BMW's are raced up and down 12th Street, /assume by the service crew to test
their engines. I feel like I live in the industrial area of downtown LA, not in a
peaceful Santa Monica neighborhood.
This situation is growing more frustrating every day. I am horrified to imagine
what would become of the state of my neighborhood, which I love in all other
respects, should this car dealership be allowed to expand.
These automobile corporations make great money in Santa Monica, and 1
understand the tax benefits that these dealerships bring to the city. That being
said, they must have the financial means to address the noise, pollution and
visual problems they cause in the neighborhoods adjacent to their property. I'm
sure there is a way to enforce rules that would make the dealerships more
responsible for the peace and quality of life of those living in their immediate
vicinity, especially since Santa Monica does not have a "Cerritos Auto Square"
area that confines them to their own zone.
I ask that the Santa Monica Cify Council adopt more stringent guidelines for the
local car dealerships regarding noise, pollution, traffic and visual nuisances..
Thank you for your attention.
Best,
Kathryn W. Boole