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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 1 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 2 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 3 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. 4 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 5 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 7 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. 8 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 9 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 10 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 11 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. 12 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. 13 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 14 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 15 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. 16 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 17 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. 18 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. 19 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 20 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. 23 .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. 24 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 25 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 26 [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