SR-08-14-2012-7CCity Council Meeting: August 14, 2012
Agenda Item: 7-C_
To: Mayor and City Council
From: David Martin, Director of Planning and Community Development
Subject: Amendment to Interim Zoning Ordinance Number 2394 (CCS) to extend
the Interim Zoning Ordinance to August 14, 2013 and to allow small
increases in square footage of existing nonconforming auto dealer uses in
residential zones.
Recommended Action
Staff recommends that the City Council introduce for first reading the attached
ordinance, which amends Interim Zoning Ordinance Number 2394(CCS) to extend the
its effective date to August 14, 2013 and to allow small increases in square footage of
existing nonconforming automobile dealer uses in residential zones.
Executive Summary
Interim Zoning Ordinance Number 2356 (CCS) was adopted by Council April 26, 2011,
extending Interim Zoning Ordinance 2345 (CCS) to October 26, 2012, while also
making technical clarifications. This Interim Zoning Ordinance (IZO) was again
amended earlier this year to make further clarifications by Interim Zoning Ordinance
2394 (CSS).
It is anticipated that the comprehensive zoning ordinance update process will extend
into early 2013. To continue to ensure that new development complies with the LUCE
while the zoning ordinance update process is underway, staff recommends the
amendment of Interim Zoning Ordinance 2394 (CCS) to extend its effective time period
to August 14, 2013.
Similar to other changes made to the interim ordinance in the past year, the proposed
extension includes changes allowing small expansions of automobile dealer - related
uses that will contribute to the vibrancy and economic diversity of Santa Monica. The
expansions would be limited to less than 750 square feet, and would be required to be
designed in ways that are compatible with adjacent uses, and have appropriate
screening where necessary.
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Background
LUCE and IZO
On January 25, 2011, City Council adopted interim ordinance 2345 (CCS) to establish
development procedures pending adoption of the City's Permanent Zoning Ordinance
implementing the LUCE. The January 25, 2011 City Council staff report discusses the
background and intent of this ordinance.
On April 26, 2011, Interim Zoning Ordinance Number 2356 (CCS) extended the initial
IZO to October 26, 2011, and made modifications relating to technical clarifications,
projects that provide community services, discretionary "pipeline" projects,
administrative projects, shared parking and below -grade floor area in Downtown, and
non - conforming uses on Main Street. The April 26, 2011 staff report discusses these
changes in more detail.
On February 28, 2012, City Council adopted Interim Zoning Ordinance 2394 (CCS),
which made a change to allow two restaurants per block throughout the Main Street
commercial area, and to make further clarifications regarding the future use of public
parking structures in Downtown. The February 14 2012 staff report to Council provides
more detail on these changes.
On April 11, 2006, the City Council adopted Interim Ordinance Number 2179 (CCS),
after lengthy public outreach, environmental review, and hearings, modifying auto
dealership standards in various commercial and residential zoning districts in the City to
better balance the need for auto dealerships to expand and develop a more urban
format within a context of limited land availability and close proximity to sensitive
residential uses. This Ordinance was extended several times, but expired August 8,
2010. The October 25, 2005 staff report (Attachment 2) provides more background on
the Ordinance.
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Discussion
Interim Zoning Ordinance Extension
The Zoning Ordinance Update process is underway and it is anticipated that the
proposed ordinance will be before City Council for review and approval in the first
quarter of 2013. Staff and consultants are currently working with the Planning
Commission to get direction on issues that are not covered in the LUCE, or need further
clarification to make recommendations. Staff and consultants will begin making
presentations to the Planning Commission that discuss specific recommendations in
September 2012. A first public draft of the Zoning Ordinance is anticipated to be
circulated at the end of 2012.
Further extension of the Interim Zoning Ordinance will help the City ensure that new
development applications are consistent with the Land Use and Circulation Element. In
general, development applications greater than 7,500 square feet and development
applications for projects over 32 feet in Downtown would be subject to a development
agreement and City Council approval. The Development Agreement process affords the
greatest level of scrutiny and control, which is especially important in Downtown and
Bergamot, where planning processes are still underway. Extending the IZO to August
14, 2013 will allow adequate time for Planning Commission and City Council to consider
and act upon the Zoning Ordinance Update.
Automobile Dealership Provisions
The original auto dealer ordinance was subject to a lengthy public outreach,
environmental review, and hearing process. Staff is planning to include many of the
standards in that Interim Ordinance Number 2179 (CCS) in the permanent zoning
ordinance for consideration by the Planning Commission and Council. However, given
the ongoing needs of existing dealership operations, staff recommends that certain
provisions of the expired ordinance, with limited modifications, be incorporated in this
IZO extension to provide for expansion of dealership support areas.
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Auto dealers are an important component of the City's economy. These provisions will
help retain auto dealers in Santa Monica with standards that limit their impacts, and will
advance Goal E8 and Policy E8.3 of the LUCE:
Goal E8: Allow for the expansion and improved performance of
automobile dealers in Santa Monica, recognizing their contribution to the
local economy and the revenue base of the General Fund.
Policy E8.3. Allow automobile dealers to reasonably expand in their
current locations and otherwise respond to likely global changes in the
automobile industry as long as their redevelopment is in the urban auto
dealership format and incorporates mitigations to reduce any negative
impacts on the surrounding residential and nonresidential uses. The
expansion may occur on existing parcels used for automobile dealerships
and on adjacent or proximate parcels.
This amendment would reinstate several of the provisions of the expired Interim Auto
Dealer Ordinance. Specifically, it includes provisions for dealerships' legal use of
residential and "A" off - street parking overlay zones. It also includes design standards
and conditional use provisions for the development of any parking structure or
automobile storage lot.
The amendment would also add new provisions that would allow auto dealers to expand
existing uses in the residential and "A" off - street parking overlay zones, within the
following limits:
1) The expanded floor area is less than 750 square feet;
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2) The expanded floor area is utilized for an ancillary support function, including,
but not limited to, customer waiting area, offices, vehicle parts storage or
vehicle parts display;
3) The height of the expansion does not exceed 1 story and 23 feet;
4) None of the expanded area is utilized for auto repair activities, including but
not limited to service bays, body work, oil change and lubrication, or radio,
stereo, or phone installation;
5) The square footage expansion may maintain the existing building lines
adjacent to public rights of way, subject to Architectural Review Board
approval.
It is important to note that consistent with Section 2 of the proposed ordinance, any
improvement that exceeds 7,500 square feet in these areas would be subject to a
Development Agreement. Other provisions of the expired Interim Auto Dealer
Ordinance that relate to the commercially -zoned portions of automobile dealer uses are
not being included, as the expansion of these uses are already allowed by -right in those
zones, and any improvement beyond 7,500 square feet would require a Development
Agreement.
Alternatives
Alternatives the City Council may consider are:
1. Adjust the applicability of the interim ordinance.
2. Exclude provisions related to automobile dealerships.
Implementing this alternative action has the potential to increase or decrease the
number of projects that must be consistent with the LUCE.
Environmental Analysis
The re- adoption of preexisting interim zoning standards is not a project for purposes of
the California Environmental Quality Act (CEQA). In addition, the changes related to
automobile dealer uses and the provision of their expansion are consistent with the
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recently adopted Land Use and Circulation Element (LUCE). The LUCE EIR certified by
the City Council on July 6, 2010, studied the potential expansion of uses within adopted
limits through the horizon year of the plan which accounted for potential change in
commercial intensities. Consequently, no further environmental review is required
pursuant to CEQA Guidelines Section 15183.
The proposed ordinance is also exempt from the provisions of CEQA pursuant to
Section 15061(b)(3) of the State Implementation Guidelines in that CEQA applies only
to projects having the potential to cause a significant effect on the environment. In the
event a project is proposed that requires application of the proposed development
standard in the future, it would be subject to environmental review at that time.
Financial Impacts & Budget Actions
There is no direct budget/financial impact to the Interim Zoning Ordinance amendment.
Prepared by: Jory Phillips, Deputy Director - Special Projects
Approved: Forwarded to Council:
lx� INL - ,
David Martin, Director Rod Gould
Planning and Community Development City Manager
Attachments:
1. Proposed Interim Ordinance
2. October 25, 2005 staff report for the Expired Interim Automobile Dealer
Ordinance
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Council Mtg: October 25, 2005 Santa Monica, California
TO: Mayor and Councilmembers
FROM: City Staff
SUBJECT: Certification of a Final Environmental Impact Report (05EIR -001),
Adoption of a Statement of Overriding Considerations, Adoption of a
Resolution Amending the General Plan Land Use Element (05GPA -005)
to Allow Development of Parking Structures in Low and Medium Density
Housing Districts and Parking Overlay Zones on Properties Currently
Used Legally in Conjunction with an Automobile Dealership Subject to
Development Standards and Discretionary Review and Introduction and
First Reading of an Interim Ordinance to Modify Zoning Regulations
Pertaining to Automobile Dealerships in the City
INTRODUCTION
This report 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 and M1
zoning districts, including the Parking "A" Overlay District.
BACKGROUND
The City Council's concern about both the viability and the impacts of automobile
dealerships in the City of Santa Monica resulted in direction to the City Planning
Division to study these unique circumstances and the automobile dealerships' needs,
and propose options to modify regulations. After an extensive public outreach process
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and Planning Commission review, in September 2004 the Council directed staff to
return with a proposed interim ordinance for its consideration
Specifically, the Council directed staff to propose an interim ordinance that allowed
automobile dealerships in the M1 District; inventory storage and off - street parking
structures associated with an existing dealership on residentially zoned parcels, subject
to height and setback standards that are consistent with the underlying base district;
encouraged subterranean development by exempting this area from the floor area ratio
requirements; permitted rooftop parking; and, short and long term temporary use permit
options for vehicle storage and dealer relocation. The Council also directed staff to
evaluate the possibility of a housing impact fee for commercially developed residential
parcels, to explore solar panels on parking structure parapets, and periodic review/
monitoring of the migration of automobile - related uses into the LMSD and M1 Districts.
Consistent with the Council's direction, staff also processed an amendment to the City's
Land Use Element (LUE) to allow commercial development on certain residential
properties currently used by dealerships. This amendment has been drafted and
reviewed in compliance with the California Environmental Quality Act (CEQA) in order to
ensure that the interim ordinance is consistent with the General Plan.
Proposed language for the General Plan Amendment and Interim Zoning Ordinance are
included with this report as Attachments C and D, respectively. The existing regulations
are contained in Attachment E.
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Planning Commission Action
The Planning Commission adopted a Resolution of Intention on July 6, 2005, to initiate
the General Plan Amendment process as required by Santa Monica Municipal Code
(SMMC) Section 9.04.20.16.020, and reviewed the proposed General Plan Amendment
and Environmental Impact Report (EIR) on July 20, 2005. The Commission
unanimously recommended that the Council certify the EIR. In regard to the General
Plan amendment, the Commission voted unanimously to recommend adoption of the
following amendment, with the removal of the proposed italicized sentence from Policy
1.2.3:
1.2.3 Parking structures and underground parking shall be permitted with site review
on land zoned "A" Off - street Parking District and on lots adjacent to an
automobile dealership that are legally operated in conjunction with that
dealership as of September 28, 2004. Lots operated in conjunction with
automobile dealerships may only be redeveloped with parking structures and
underground oarking for inventory storage and off- street parking uses that serve
the associated automobile dealership. Structures shall generally conform to the
height, bulk, setback and landscape standards for the adjacent residential
district. However, setbacks, stepbacks and other development standards
applicable to residential structures may be modified in order to accommodate the
specific structural and design requirements of parking structures Such
structures shall only be permitted if the facility will not adversely impact the
adjacent residential neighborhood. This policy shall not apply to "A" zoned lots
adjacent to neighborhood commercial zones except for the Wilshire Boulevard
neighborhood commercial overlay zone.
The intent of the deleted sentence is to provide necessary flexibility to address the
structural needs of parking structures, for which additional upper level stepbacks would
interfere with functional design. In an effort to address the Commission's concerns, this
portion of the policy was revised as follows: ... "Structures shall generally conform to the
height, bulk, setback and landscape standards for the adjacent residential district except
as is necessary to accommodate the specific structural and design requirements of
Parking structures. The proposed interim ordinance details required standards that
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largely mirror the underlying base district development standards. The land use policies
have been further fine tuned since the Planning Commission's review, but the language
accurately reflects the Commission's intent and action.
The Commission also offered the following comments regarding the interim ordinance
provisions:
• Residential standards should be applied to parking structure developments on
residentially -zoned properties that share a common lot line with a residential use.
• Ingress and egress should be provided from a commercial lot rather than a
residential lot, where feasible.
• There must be enforcement mechanisms to ensure that lots developed with
parking structures revert to residential use if the automobile dealership use
ceases.
• Architectural elements that are permitted to exceed the height limit (such as stair
towers and mechanical units) should be oriented toward the commercial
property.
• Parking structure rooftop screening should prevent lighting from intruding onto
residential properties.
• Mechanical exhaust equipment should be directed toward the commercial side of
the property to avoid discharge and noise intrusion towards residences.
• Loading and unloading should occur on -site and not in residential streets.
• Rooftop parking should be limited to inventory storage only to limit activity on the
rooftop parking deck adjacent to residential uses.
Staff has included language in the draft ordinance that supports these
recommendations except regarding rooftop parking areas. Limiting rooftop levels to
inventory storage only may unnecessarily restrict an automobile dealership from using
the structure in the most efficient manner. It is believed that the proposed development
and operational standards will adequately address concerns related to rooftop parking,
whether used for inventory or other off - street parking needs. Language is included
precluding the dealership from leasing parking space to other surrounding uses, such
as restaurants and nightclubs.
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ANALYSIS
General Plan Amendment
The Land Use Element's Citywide Objective 1.2 aims to "ensure compatibility of
adjacent land uses, with particular concern for protecting residential neighborhoods."
Over the years, modern dealerships have outgrown the relatively shallow commercial
strips that accommodated the early automobile dealerships, moving onto adjacent lots
when possible, including some located in residential zones, and expanding inventory
storage in other locations around the city. Many residents in the neighborhoods near
Santa Monica and Wilshire Boulevards, with their own parking needs and desire to limit
commercial intrusions in their neighborhoods, perceive dealerships as generally
incompatible neighbors. Nevertheless, there is also recognition that these uses are
established in their locations and provide important services to the community as well
as substantial tax revenue that funds city services. Based on these factors, the City
recognizes that new solutions must be found to resolve these conflicts by balancing the
needs of both neighboring residents and dealers.
The 1984 General Plan allows parking structures to be developed on lots zoned as "A"
Off - Street Parking District (Policy 1.2.3). "A" Overlay Zones were established, but the
Zoning Code narrowly implements the LUE policy, allowing only underground parking
structures with surface landscaping, with limited exceptions for municipal parking
structures. Similarly, underground parking structures with surface open space or
residential uses are conditionally permitted in R2 /R3 districts without an "A" overlay,
consistent with Policy 1.2.2. No underground parking structures have been developed
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on any of the residentially -zoned properties associated with automobile dealerships to
date, regardless of "A" overlay status.
1.2 OBJECTIVE:
Ensure compatibility of adjacent land uses, with
particular concern for protecting residential
neighborhoods.
POLICIES
1.2.1 Encourage residential mixed use of appropriate
commercially zoned parcels, in order to provide a better
transition between commercial and adjacent residential
uses, to enhance security, and to increase hours of use
in metropolitan areas.
1.2.2 Surface parking lots zoned residential adjacent to
highway commercial corridors when redeveloped, should
be reserved for residential use or public open space on
the surface (use for underground parking is acceptable).
This policy shall not apply to lots zoned "A" Off - Street
Parking District.
1.2.3 Parking structures and underground parking shall be
permitted with site review on land zoned "A" off- Street
Parking District. Structures shall generally conform to
the height, bulk, setback, and landscape standards for
the adjacent residential district and shall only be
permitted if the facility will not adversely impact the
adjacent residential neighborhood. This policy shall
not apply to nA" zoned lots adjacent to neighborhood
commercial zones except for the Wilshire Boulevard
neighborhood commercial overlay zone.
City of Santa Monica Land Use and Circulation Elements (page 84)
If the Council allows parking structures to be approved through a discretionary process
on R2 /R3 automobile dealership properties with or without "A"- overlay designation, the
policy would potentially affect approximately 11 parcels with "A" overlays and 19 parcels
without overlay designation. These lots are used by approximately 16 different
dealerships. Most of these are located along Santa Monica Boulevard, with some
located on Wilshire Boulevard.
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Based on the proposed revisions to Policies 1.2.2 and 1.2.3 (Attachment C), the
proposed interim ordinance will be consistent with the City's General Plan. The
proposed language states that existing Policy 1.2.2, which requires redeveloped
residentially zoned surface parking lots be reserved for residential or public open space
uses — does not apply to lots adjacent to automobile dealerships that are legally
operated in conjunction with the dealership use as of September 28, 2004. Instead,
those lots are governed by Policy 1.2.3, which would be modified to allow lots
associated with automobile dealerships to be redeveloped with parking structures and
underground parking for inventory storage and off - street parking uses that serve the
associated automobile dealership only. The proposed language also specifically
indicates that there must be special development and design standards for these
structures that will apply instead of the multi - family residential design standards required
in these districts. As detailed in the next section, the special development and design
standards largely reflect the requirements of an underlying base district to ensure a
development is generally consistent with the residential neighborhood in terms of
height, setbacks and landscaping.
Interim Ordinance Provisions
The attached interim ordinance would modify a number of existing development
standards for automobile dealerships in a variety of zoning districts and areas in the
City. In addition, design and operational standards that would apply either to all parking
structures or in some cases specifically to those on residential lots, and standard
conditions of approval for a PSP and CUP are established. The Development Review
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(DR) threshold is set at 7,500 square feet. The ordinance also includes provisions
addressing temporary use of a property for automobile storage, use of vehicle- stacking
equipment and accessory car rental in a dealership.
Existing dealerships that choose to develop property consistent with the attached
ordinance would have to comply with the proposed regulations, including standard
PSP /CUP provisions. These standards would apply to all contiguous properties
operated by the dealership, not just the new or expanded area. A dealership required to
obtain discretionary approval, whether or not it maintains existing discretionary
entitlements, would similarly be regulated. Therefore, through a discretionary process, a
dealership's hours of operations and other operational standards could be evaluated
and conditioned as appropriate by the reviewing body.
The following summarizes the contents and highlights changes within the proposed
ordinance:
Commercial Zones: The following changes apply to the expansion of existing
automobile dealerships in the C6 District, and to new or expanded automobile
dealerships in the C4 District:
a. Floor Area Ratio (FAR): The maximum FAR on all lots would increase from
1.0 to 1.5, except that in the C6 District, the FAR would remain 2.0 on lots
7,500 square feet or less.
b. Maximum Height: No change is proposed in the C6 District to the 45 -foot
height limit; however, to allow design flexibility, the limitation on the number of
stories allowed for automobile dealerships within that envelope is removed. In
the C4 zone, an increase of five feet is proposed, raising the limit to 35 feet and
removing the limitation on the number of stories allowed within that envelope.
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c. Setback: No change is proposed to the existing setbacks, which is based on
building height and parcel width, when adjacent to a residential district. No
setback however, is required on the commercial site if the adjacent residential
parcel is used by the dealership. Other setbacks would apply if a development
is proposed on residentially zoned parcel (below).
d. Parking Structures and Rooftop Parking: Parking structures would be
subject to the interim ordinance's Special Design Standards (below). Rooftop
parking, currently not permitted if a property abuts a residential use, would be
permitted subject to these standards.
e. Approval Process: Currently, an automobile dealership may remodel or
increase floor area through a Performance Standards Permit (PSP) if a
proposed addition would result in an overall floor area increase of 10% or less,
but not exceeding 5,000 square feet. The proposed ordinance would allow new
dealerships or expansions of existing dealerships up to 7,500 square feet with a
Performance Standards Permit, beyond this square foot threshold, a
Conditional Use Permit (CUP) and Development Review (DR) permit would be
required.
f. Pedestrian Orientation /ARB Review: There are no changes proposed to
current standards requiring pedestrian orientation or design review.
Development standards that do not conflict with the interim ordinance would
continue to apply.
Residential and Parking "A" Overlay Zones: Lots designated as Low and Medium
Density Multiple Residential (R2, R3), with or without an Off - Street Parking ( "A ")
Overlay that are contiguous with and currently used legally in conjunction with an
existing automobile dealership may be developed as automobile storage and off
street parking structures as follows:
a. Maximum Height:
i. R2 Zone: 23 feet, including the required parapet surrounding a
rooftop parking level.
ii. R3 Zone: 28 feet, including the required parapet surrounding a
rooftop parking level.
b. Setbacks: The interim ordinance maintains prevailing setbacks, with the
exception of the commercial (dealership) adjacent side for which no setback is
required. However, rather than designating front, side or rear yards, setbacks
are determined in relation to the street side property line in order to ensure,
even when lots are combined, that setbacks from property lines are consistent
with adjacent residential buildings.
i. Street side setback: 20 feet
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ii. Opposite street side setback: 15 feet (measured from the property
line opposite the street adjacent property line — this setback may be
measured from the centerline of the alley, if present)
iii. Setback from property line adjacent to a residential use: 8 feet.
c. Exemption from additional multi - family development standards: Due to the
structural and spatial requirements for developing parking structures, it is
proposed that required upper -level stepbacks and parcel coverage restrictions
above the first floor intended to articulate residential structures would not apply
to automobile dealership parking and storage facilities.
d. Design standards and rooftop parking: As in the commercial zones, parking
structures would be subject to the interim ordinance's Special Design
Standards (below), some of which apply exclusively to residentially zoned
properties. Rooftop parking would be permitted subject to these standards.
e. Approval Process: A Conditional Use Permit (CUP) and Development Review
(DR) permit shall be required for the development of an automobile storage
facility or off - street parking structure associated with an adjacent dealership.
f. Landscaping: A minimum of 50% of the street side setback area must be
landscaped. This standard was already required in the Off - Street Parking "A"
Overlay Zone.
g. Affordable Housing Impact Fee: A provision is included that provides
flexibility to the City Council to establish by resolution a fee that would be
imposed on parking structures developed on residential parcels without an "A"
Overlay designation. This is intended to mitigate the impact of the loss of
potential affordable housing development that could otherwise be provided.
h. Use to revert to residential: Structures constructed under these provisions on
residential parcels without an "A" Overlay designation shall be permitted to
remain only in conjunction with an automobile dealership on the adjacent
commercial lot. If the automobile dealership use is terminated, the parking
structure shall be removed or incorporated into a residential project on the
residential parcel(s) within three years. While it is unlikely that this requirement
will ever apply during this interim period, the Council may want to consider what
implications such a policy may have when permanent standards are
established in the next couple of years. As an alternative to demolishing these
structures, the Council may also want to consider the value of using these
structures to address area parking concerns, or to support other commercial
uses, other than automobile uses, if later abandoned.
M1 /LMSD Zones:
a. M1 Zone Modifications: The proposed ordinance introduces automobile
dealerships, currently not allowed, as an allowed use in the M1 District, subject
to a Performance Standards Permit (PSP) for additions or new construction
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under 7,500 square feet. A Conditional Use Permit (CUP) and Development
Review (DR) would be required for projects 7,500 square feet or more.
b. LMSD Zone: Automobile dealerships of inventory storage lots are currently
governed by a CUP in this district. No changes are proposed to the existing
entitlement process or development standards, except that semi - subterranean
and subterranean floor area would be not counted toward the project FAR. The
CUP standards as well as the special standards related to parking structures
set forth in the proposed ordinance would also apply.
Previously, Council expressed support for a staff proposal to allow a maximum
FAR for automobile dealerships in the LMSD and M1 Districts of 1.5, an
increase over the general 1.0 FAR for the district. However, this standard was
inadvertently left out of the EIR project description and, therefore, the impacts
of this increased floor were not studied. For this reason, the draft interim
ordinance does not include any modifications to the base district development
standards. Staff will assess the proper level of environmental review and may
propose a 1.5 FAR, with an addendum to the EIR, when the ordinance returns
for extension within 60 days, if it is determined that such a change will not
result in significant environmental impacts. If significant environmental impacts
are anticipated, staff will return to the Council with options on how to proceed.
Floor Area Ratio (FAR) calculation: In order minimize impacts on surrounding
neighbors, better use of subterranean space is encouraged in the proposed interim
ordinance by excluding all subterranean and semi - subterranean floor area from a
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proposed automobile dealership project's FAR calculation. Currently, only
subterranean area used for parking may be excluded from FAR calculations. This
would apply to the C4, C6, M1 and LMSD zones. Residential zones do not require
FAR calculation.
Special Design Standards:
The following design standards would apply to all parking structures developed
under the proposed ordinance:
• Except for emergency -only pedestrian exits required by the Building Officer,
parking structure walls facing property lines that are adjacent to a residential use
must be solid.
• Non -skid or other surface treatment on both floors and ramps of all parking
structures is required to avoid tire squeal.
• All lighting must be designed to prevent light and glare on residential properties.
• If a structure includes rooftop parking, a six -foot parapet on the side(s) adjacent
to a residential use is required. Parapets must be constructed of a material with
a surface density of minimum 4 pounds per square foot. Although previous
Council and Commission discussions focused on an eight -foot parapet
requirement, staff has consulted a noise expert, City Building & Safety staff and
the City's urban designer, and now recommends that a six -foot parapet would
sufficiently mitigate noise and would be preferable from an aesthetic perspective
as well.
• To reduce noise and minimize air quality impacts, exhaust vents and other
mechanical equipment must be located on the commercial sides of parking
structures and away from residential uses as much as feasible.
• Floor area for parking and vehicle storage shall not be included in the calculation
of required refuse and recycling storage area.
• Tandem parking for inventory or employee parking is permitted.
• Loading and unloading of inventory shall not be permitted in roadway areas. All
diesel trucks serving the dealership in any capacity shall be in compliance with
California State Law limiting diesel - fueled commercial vehicle idling.
In addition, parking structures developed on residential properties would need to
comply with the following design standards:
• Access shall be from the commercial lot only unless the Planning Commission
determines that such access is precluded by existing commercial development.
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In such cases, the alternative location would be the one determined to have the
least impact on adjacent residential uses.
• At least 10% of the parking spaces within a structure shall be maintained and
sign - posted for employee parking, unless the Planning Commission determines
that sufficient parking is otherwise provided either on -site or at an acceptable off -
site location.
• If the structure is developed in conjunction with development on adjacent
commercial lots, the project shall be designed so that building mass increases
toward the commercial street and architectural elements that are permitted to
exceed the height limit are located further away from adjacent residential uses.
• Subterranean parking levels may encroach into required yards consistent with
existing regulations.
• A minimum landscaped buffer of at least five -feet in width shall be required along
the side adjacent to a residential use. When considering an individual project,
the Planning Commission may waive any part of this requirement with agreement
by the owner and /or residents of the adjacent residential property.
• Required yards and setback area from the street must include 50% landscaping,
similar to current landscaping requirements.
• Car alarms on inventory stored in parking structures located on residential
structures shall be disengaged.
Council had requested that staff consider options for solar panel installation at
automobile dealerships. The Zoning Code already generally permits solar panels,
and solar energy design standards are provided in SMMC 9.04.10.02.220. Although
solar energy development advances City goals to become a more sustainable
community, staff has not proposed any additional requirements that would apply
exclusively to automobile dealerships within this interim ordinance. Staff proposes
instead to look at requirements for commercial uses to incorporate solar energy and
other green building practices more comprehensively in the upcoming Land Use
Element and Zoning Ordinance revision.
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PSP /CUP Conditions
The current Code contains two sections with almost identical conditions for
automobile dealerships applicable to either PSPs or CUPs. For ease of
administration and clarity, it is proposed to include in one section of the interim
ordinance all the conditions, applicable to both permit types, for automobile
dealership projects in all zones. Most of these conditions remain the same, but the
following changes are proposed:
• In "Parking and Vehicle Storage," the incentive allowing the FAR of the vehicle
rooftop storage area to be discounted by 50% would be removed. This provision
has the effect of creating an incentive for rooftop storage rather than parking,
which is inconsistent with the interim ordinance's overall goal to create flexible
space that allows either storage or employee or customer parking and removes
the need to monitor which space is used, provided that the number of required
parking spaces is maintained. Furthermore, the ordinance is designed to create
incentives to provide subterranean levels for inventory and parking, and this area
is now excluded from FAR.
• Language that allows a complex calculation for FAR when substituting uses
below and above grade has been removed since subterranean floors are no
longer included in the FAR calculation.
• All references to the Traffic Engineer have been changed to refer to the
Transportation Management Division to reflect current City staff structure.
• Vehicle loading and unloading in the public right of way will not be permitted for
dealerships receiving permits under the proposed ordinance. Instead, proposed
development must either include an on -site loading /unloading area or the
Transportation Management Division may approve the activity at an alternative
off - street location from which cars may be individually delivered to the dealership.
Approved plans will remain on file and TMD must approve any changes to them.
• All dealerships, existing and developed under the ordinance, will henceforth be
required to submit letters annually in June affirming compliance with their TMD-
approved test driving, vehicle loading /unloading plans and alley traffic - control
plans where applicable. This will help Code Compliance to monitor dealership
compliance with plans, particularly when there is an ownership change and
subsequent confusion about restrictions on these activities.
• Vehicle Stacking Equipment: Currently the Code does not include language to
address the use of vehicle- stacking equipment. It is proposed to allow vehicle -
stacking equipment within dealership structures for employee parking and
inventory in all zones where permitted. Facilities on surface lots would require
screening with an eight -foot tall solid masonry wall. Proposed language clarifies
that inventory and employee parking uses must not be vertically mixed and that
iC!
upper level "lift" parking is clearly additional and not to be used towards any
required allocation of spaces. The required screening wall shall be set back from
the property line to include a landscaped buffer of at least two feet in width. If
requested by the adjacent residential property owner and /or residents, the
Planning Commission may reduce the wall height requirement to a minimum of
six feet and may reduce or waive the landscaped setback area. All facilities shall
comply with the City's Noise Ordinance.
Accessory Automobile Rental Agency Requirements: Language adopted within
the last few years that governs rental car operations within dealerships is included in
the ordinance without change for ease of administration of the new interim
standards.
Temporary Use Permits (TUP): The proposed standards authorize the City
Planning Division to approve TUPs for the following circumstances:
a. Short -term automobile storage for up to three months. A dealership may
receive a TUP for a specific location for a maximum of three months annually.
This time period is based on automobile dealer input earlier in the process of
developing this ordinance in which they requested the TUP for certain annual
events, such as before Memorial Day Labor Day, or the year end, when
typically the manufacturers require that they take additional inventory. Three
months is sufficient time to accommodate overflow inventory at these times.
b. In conjunction with issuance of a building permit for an approved new facility,
temporary relocation of an automobile dealership for up to one year.
Temporary facilities may only include repair functions in M1 /LMSD zones, not
adjacent to residential parcels. One extension to this permit could be approved
for up to six months.
Currently, the Code does not list these uses as eligible for obtaining a TUP for these
lengths of time. Throughout this process, the automobile dealerships have
requested longer terms for inventory storage TUPs. Longer terms are inconsistent
with the short -term use of these permits and may serve as a disincentive to
redevelop commercial or residential properties consistent with this ordinance, which
seeks to balance greater protections to residents and meet dealership needs.
15
However, if the Council is interested in expanding the term parameters of a TUP, it
can be accomplished by expanding the maximum length of time permitted for an
individual TUP or allow more than one such permit annually at a location
Migration of Automobile - Related Uses in the LMSD and M1 Districts: The City
Council expressed interest in receiving information related to automobile uses moving
into these districts. Since the Council's last discussion on the matter one year ago, there
has been no increase in automobile related activity in the LMSD or M1 Districts. Staff
will report annually on this issue if directed by Council to do so.
Public Comments
Throughout the multi -year process of considering proposed revisions for automobile
dealerships, staff has notified and met with owners and representatives of automobile
dealerships and neighbors in the surrounding area to get their perspectives on
automobile dealership adjacency issues and conflicts and to discuss possible solutions.
Twenty -three written comments received after the Council's September hearing on the
proposed standards are included in Attachment F. Letters from surrounding neighbors
attest to continued objection to any increase in development standards and particularly
to the General Plan amendment that would allow development of parking structures on
residentially -zoned properties.
Comments from the Santa Monica Auto Dealers Association are generally supportive of
proposed amendments and request additional modifications that staff has not
supported, such as allowing storage lots in the Broadway Commercial District (BCD) to
16
be used for employee parking and to allow more flexibility in the use of existing surface
parking lots located in residential districts. Staff finds the BCD proposal to be
inconsistent with the district's objectives to establish a pedestrian- oriented mixed -use
zone. Likewise, permitting existing residential surface parking lots for inventory storage
or other purposes is not recommended because it is likely to result in a loss of
employee and /or customer parking in some cases, resulting in further intrusion into the
neighborhood. This approval would weaken the incentive to construct parking
structures that would offer residents protection from noise, light and glare that impact
the adjacent neighborhood.
The Auto Dealers Association further believes that a permit process should be
established to allow inventory parking on existing surface parking lots in the BCD, C4,
LMSD, and M1 and other commercial zones to address dealer's short -term need for
increased inventory parking capacity. However, allowing this additional flexibility could
serve as a disincentive to utilizing the interim ordinance provisions designed to address
dealer needs and neighborhood concerns. These provisions include the ability to
construct parking structures in residential districts, allowing automobile dealerships in
the M1 District, and excluding (semi) subterranean areas from FAR calculations. Finally,
the Auto Dealer Association believes that the 35 foot height limit and 1.5 FAR allowed
for automobile dealerships in the C4 District should similarly apply to dealerships
located in the LMSD and M1 Districts. However, the purpose of the height limitation is to
ensure district compatibility. These districts are characterized by larger and lower profile
buildings; new automobile dealerships should be designed in a consistent manner.
Regarding increased FAR to 1.5 instead of the existing 1.0, as previously mentioned,
17
staff will return to the Council to further discuss this issue as it applies to the LMSD and
M1 Districts following additional environmental review.
CEQA STATUS
An Environmental Impact Report (EIR) has been prepared for this project in accordance
with Section 15087 of the CEQA Guidelines. A Notice of Preparation (NOP) was filed
with the California Office of Planning and Research and distributed to involved public
agencies and interested parties for a 45 -day public review period which concluded on
March 24, 2005. A Scoping Meeting, pursuant to CEQA Guidelines 15082(c)(1) and
15206(b)(1), was held on March 14, 2005, and attended by 13 members of the public.
Copies of the Draft EIR were made available on May 13, 2005 for a public review
period, which closed on June 27, 2005. Five comments were received. Responses to
these comments have been incorporated into the Final EIR.
The Program EIR addresses potential environmental effects of the proposed policy
changes. As such, it evaluates potential impacts that individual projects might have, but
does not analyze specific situations. Analysis of projects proposed subsequent to this
EIR may rely on this document to scope out issues that are deemed less than
significant and to mitigate impacts pursuant to mitigation measures that are identified.
All other issues must be reviewed and separately analyzed. Individual projects may
require a (Mitigated) Negative Declaration or Focused EIR.
IF-1
The scope of the EIR includes environmental issues determined to be potentially
significant by the Initial Study. A Notice of Preparation (NOP) and responses to it are
also included.
In accordance with Section 15128 (Effects Not Found to be Significant) of the CEQA
Guidelines, the °IS /NOP provided reasons why the following environmental impacts were
not considered significant and, therefore, are not addressed further in this EIR:
Geology and Soils
Utilities /Service Systems
Hazards and Hazardous Materials
Air Quality
Biological Resources
Mineral Resources
Hydrology and Water Quality
Economic and Social Impacts
Public Services (schools and parks)
Cultural Resources
Land Use and Planning
Population and Housing
Recreation
Agricultural Resources
Construction Effects
Aesthetics
The IS /NOP identified potentially significant impacts in the following issue areas
associated with the proposed regulations, which are addressed in detail in the EIR:
Transportation /Circulation and Parking
Noise
Shadows
Mandatory Findings of Significance (Cumulative Effects)
Neighborhood Effects
The EIR analyzed the issues referenced above and identified potentially significant
environmental impacts, in accordance with the provisions set forth in the CEQA
Guidelines. The EIR recommends mitigation measures where feasible. Significant
impacts that can be mitigated were found in the areas of Noise and Shadows. The
19
recommended mitigation measures will reduce those impacts to less than significant
levels.
The EIR concluded that one Noise impact and three Transportation/Traffic impacts
might occur in some locations based on a model that assumed maximum build -out of
potential projects, finding that additional trips cannot be mitigated due to secondary
environmental impacts and physical site limitations; traffic noise may exceed acceptable
levels near noise sensitive uses. At the Program EIR level, these impacts are
unavoidably significant, particularly due to the need for site - specific information. At a
project level, if noise impacts are determined, two mitigation measures that could be
required include repaving nearby road areas with rubberized asphalt, a material that the
City is already phasing into street re- surfacing, and implementing a truck noise
reduction program. The adequacy of these measures or others in reducing noise
impacts to a level that is less than significant for that particular project will be
determined and these impacts may be reduced to Class II: Significant but Mitigable.
The EIR also found that the new regulations "could result in new auto dealership
development that could generate new traffic... and could exceed the City of Santa
Monica significance criteria ... at 98 intersections that are projected to have poor (LOS
E or F) operating conditions. Increased vehicular delays could occur. It is unlikely,
however, that feasible mitigation measures exist to reduce traffic impacts at all
intersections that could experience increased traffic delays; impacts would remain
significant and unavoidable after mitigation." The EIR noted that anticipated traffic
nil
increase would likely be off -set by some reduction in trips to and from off -site storage
lots as on -site inventory capacity increases.
Furthermore, the EIR found that the proposed interim ordinance provisions "could result
in new auto dealership development that generates increased traffic at Congestion
Management Plan (CMP) facilities and exceeds CMP significance criteria." Occurrence
of traffic - related impacts would depend on an expanding automobile dealership's
specific location and the amount of proposed development. Based on the City's
thresholds for significance, a project's impacts may be immitigable.
A chart summarizing impacts and listing the recommended mitigation measures is
provided in Table ES -1, in the Executive Summary section of the EIR (Attachment H).
Statement of Overriding Considerations
Examination of the EIR project alternatives did not identify an environmentally superior
alternative that would achieve the project objectives. However, the proposed interim
ordinance was found to have some significant and unavoidable impacts. Therefore,
prior to adopting the proposed General Plan Amendment and Interim Ordinance, a
Statement of Overriding Considerations is required to justify approval based on a
determination that the project's public benefits outweigh its potentially unavoidable
environmental impacts.
21
The project provides a number of public benefits. Principally these benefits would
derive from improved automobile dealership facilities both in terms of economic
development objectives and neighborhood compatibility objectives. In regard to
proposed development on commercially zoned properties, projects approved under the
proposed regulations would introduce more modern facilities of higher architectural
design that better accommodate today's dealerships and allow them to remain
competitive in the changing market. These businesses would continue to provide
important City tax revenue. Additionally, with the incentive offered by the new
standards, better pedestrian- orientation and operational requirements would be
provided, benefiting the surrounding community. Furthermore, the new facilities would
alleviate use of valuable land resources for off -site inventory storage lots from which
numerous additional trips are made.
The same considerations may be applied to impacts identified in connection with the
proposed use of R2 /R3 properties. While the affected R2 /R3 parcels have been
continuously zoned for residential use, they are now integral land resources for
automobile dealership operations and are unlikely to return to residential use. Under
previous Code provisions that allowed the dealerships to use residentially -zoned lots,
the City did not impose development standards for neighborhood protection, with the
result that existing surface lots do not meet the standards that would be expected today.
Subsequent regulations have frozen this situation in place by not permitting dealerships
to enact any activity changes on their R -zoned properties. Although the EIR concluded
that some potential traffic and noise impacts are unavoidable when analyzed at a
18%
programmatic level, creating a regulatory environment that fosters solutions to the
dealerships' needs while also addressing neighborhood impacts would provide benefits
as described above. These benefits would outweigh the potential impacts deemed
unavoidable in the EIR.
Attachment B contains the proposed Statement of Overriding Considerations (SOC).
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 G.
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.
23
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-El, 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. Draft Interim Ordinance
E. Current Zoning District and Automobile Dealership Standards: SMMC
9.04.08.06, 9.04.08.14, 9.04.08.22, 9.04.08.26, 9.04.08.34, 9.04.08.35,
9.04.12.040, 9.04.14.060
F. Public Comments received since September 2004
G. Notice of Public Hearing
H. Environmental Impact Report
24
City Council Meeting 08 -14 -12 Santa Monica, California
ORDINANCE NUMBER (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA EXTENDING INTERIM ORDINANCE NUMBER 2345 (CCS),
WHICH ESTABLISHED INTERIM DEVELOPMENT PROCEDURES PENDING
IMPLEMENTATION OF THE LUCE, INCLUDING MODIFICATIONS ADDRESSING
ORDINANCE APPLICABILITY, CM DISTRICT NON - CONFORMING USES, SHARED
PARKING AND FAR CALCULATIONS IN THE DOWNTOWN, EXEMPTIONS FOR
CITY PROJECTS, PROVISIONS RELATING TO THE PERMITTED NUMBER OF
RESTAURANTS IN THE CM DISTRICT AND THE REPLACEMENT OF EXISTING
PUBLIC PARKING SPACES WITHIN PUBLIC PARKING STRUCTURES IN BSC -2
AND C3 -C ZONING DISTRICTS, AND TO ADD PROVISIONS AUTHORIZING
EXISTING NONCONFORMING AUTOMOBILE DEALERSHIP USES AND MINOR
EXPANSIONS THERETO IN RESIDENTIAL AND "A" OFF- STREET PARKING
OVERLAY ZONES
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) The City adopted a new Land Use and Circulation Element of the General
Plan of the City of Santa Monica ( "LUCE ") on July 6, 2010 but has not yet adopted
amendments to the City's Zoning Ordinance reflecting the LUCE's policies, goals and
standards.
1
(b) The adoption of the LUCE was the culmination of a multi -year planning
process that commenced in 2004.
(c) The LUCE encompasses the community's vision of the City's future and is
designed to maintain the City's character, protect the City's neighborhoods, manage its
transportation systems, and encourage additional housing in a sustainable manner that
ensures a high quality of life for the City's residents.
(d) The LUCE implements the community's core values through its focus on
community character and neighborhood conservation, future trip reduction, vibrant and.
walkable villages, integrated land use and transportation, local land uses and housing,
jobs tied to housing and transit, promotion of social and fiscal health and diversity,
sustainability, community benefits, open space, and implementation, phasing and
monitoring.
(e) The LUCE goals and policies are predicated on the integration of land use
and transportation including a focus on the type of land uses, the location of land uses,
the quality of projects, the amount of developmental change, and the pace of this
change.
(f) The LUCE was prepared with the general purpose of guiding and
accomplishing coordinated and harmonious development of the City which, in
accordance with existing and future needs, best promotes the public health, safety, and
general welfare, as well as efficiency and economy in the process of development.
(g) The LUCE substantially revises the City's land use policies, goals, and
standards.
2
(h) The City's planning and zoning regulations are presently under
comprehensive review and revision in order to ensure that such regulations are
consistent with the General Plan as amended and consistent with the public health,
safety, and welfare. This comprehensive revision of the City's Zoning Ordinance is a
substantial project which is crucial to the community's long -term welfare as reflected in
the goals, policies, and standards of the LUCE. Major elements of the comprehensive
revision of the Zoning Ordinance are expected within 12 months.
(i) Certain critical areas of conflict between the LUCE and the existing Zoning
Ordinance have been identified by the City's Planning and Community Development
Department as it has reviewed pending applications subsequent to the adoption of the
LUCE.
0) Zoning Ordinance Part 9.04.20.28 establishes the applicability and
procedures for issuance of administrative approvals which provide for the ministerial
administrative review and assessment of proposed developments subject to explicit
standards contained in the Zoning Ordinance.
(k) The administrative approval process is premised on the assumption that the
explicit standards in the Zoning Ordinance have been adopted to ensure that a
completed project is in harmony with existing or potential development in the area and
is consistent with the goals, objectives, and policies of the General Plan.
(1) However, this premise underlying the administrative approval process is no
longer applicable given the significant ways in which the LUCE differs from the prior
Land Use and Circulation elements including, but not limited to, the direct linkage
between land use and transportation policies and programs and the establishment of
3
new development policies and standards which ensure that quality development
contributes to the character of the City.
(m) Additionally, the LUCE establishes a base height for each land use as a
baseline. Proposed development which seeks additional height above the base is
subject to discretionary review and must meet additional requirements consistent with
the community's broader social, environmental, and circulation goals. This approach is
defined in three tiers.
(n) Under the LUCE, Tier 2 and Tier 3 projects must provide community benefits
for the City and the neighborhood. More specifically, a developer seeking to develop a
Tier 2 or Tier 3 project must include certain preferred uses, beneficial project design
features, and provide critical amenities or meet other development standards that
address the community's core needs —it's social, cultural, physical, transportation and
environmental goals.
(o) The LUCE identifies five priority categories of community benefits —new
affordable and workforce housing, GHG emission and congestion reduction, physical
improvements to create connections and open space, social and cultural facilities, and
historic preservation.
(p) The existing Zoning Ordinance does not currently incorporate this tier
structure or establish a mechanism to prioritize and necessitate that projects participate
in the community benefit tier structure, which is the basis by which much of the LUCE
vision, goals, and policies will be achieved.
0
5
(q) Additionally, the LUCE establishes 17 distinct land use designations. One of
these land use designations is the Downtown Core. The purpose of this designation is
to maintain and enhance the downtown area as the heart of the City and as a thriving,
mixed use urban environment. Unlike the other land use designations, the LUCE does
not establish new height and FAR development parameters, but instead provides that
the height and FAR along with other development standards shall be determined
through a specific plan process.
(r) At the time the initial interim ordinance was adopted, there were
approximately 700,000 square feet of administrative and development review projects,
not including development agreements, pending planning review. Of the 700,000
square feet, approximately 500,000 square feet was located within the Downtown Core.
Approximately half of the projects in the Downtown Core were Administrative Approvals
that did not require public review and need only comply with objective standards in the
existing Zoning Ordinance. Within the Downtown, bringing forward approximately
200,000 square feet of new development outside of the development agreement
process before the completion of the Downtown Specific Plan meant that nearly a
quarter of the growth anticipated in the Downtown could be constructed inconsistent
with the yet to be adopted Specific Plan. The Downtown Specific Plan will include a
circulation framework that will address the integration of Expo light rail into the
Downtown system, freeway access, direct parking structure access, and congestion;
establishing the foundation for future land use and transportation decisions. If these
Administrative Approvals had proceeded in a piecemeal fashion without these
components, it would have undermined the community vision set forth in the Downtown
District goals and policies, as well as the Downtown Specific Plan process underway
and would have detrimentally affected the City's ability to implement LUCE goals and
policies, particularly with respect to: providing open spaces, trip reduction, coordinating
with adjacent sites, congestion management, and achieving community goals through
community benefits and quality urban design.
(s) Additionally, transit - oriented districts in the City's transitioning industrial areas
are not reflected in the current zoning ordinance, which allows uses that would now be
considered undesirable and inconsistent with the LUCE.
(t) Pending completion of the comprehensive update to the Zoning Ordinance, it
is essential that development be consistent with the General Plan so that the goals and
values of the community, as reflected in the LUCE, are not significantly undercut.
Adjusting the development standards as provided in this Ordinance will ensure that the
quality of life, the environment, the ability to move around the City, and the efficacy of
the ongoing planning process are preserved.
(u) Adoption of this ordinance would not prohibit any development, but would
instead provide an alternate process by which development is reviewed and approved
so as to ensure consistency with and appropriate implementation of the LUCE.
(v) Adoption of this ordinance would also not materially alter the City's
substantial incentives for residential or mixed use development in non - residential zoning
districts. These incentives would ,be preserved in local law and policy. For example,
residential development in all of the City's commercial districts would remain authorized.
Thus, residential development could still occur in over 80% of the City.
0
(w) After the adoption of the initial interim ordinance, issues were raised relating
to the processing of projects that were in the pipeline prior to the effective date of the
initial interim ordinance which require the City to expeditiously consider and adjust the
applicability provisions of the interim ordinance to ensure fairness to project applicants
while preserving the City's ability to effectuate the goals and policies of the LUCE.
(x) After the interim ordinance was extended on April 26, 2011, it became
apparent that allowing two restaurants per block on the east side of Main Street north of
Ocean Park Boulevard will promote the general welfare by encouraging additional
investment in that neighborhood and strengthening the connection between Main Street
and the Civic Center.
(y) As detailed above and in the LUCE, the City's downtown is a thriving, mixed -
use urban environment for people to live, work, be entertained, and be culturally
enriched.
(z) This area has the greatest concentration of activity in the City, anchored by
the core commercial district, including the Third Street Promenade and Santa Monica
Place.
(aa) The City's publically owned parking structures in the BSC -2 and C3 -C zone
districts are essential to a vibrant, economically viable downtown area, providing
parking for the offices, restaurants, theaters, and residences.
(bb) The vast majority of the City's residents regularly visit downtown and use its
parking resources.
7
(cc) The importance of the City's publically -owned parking infrastructure in the
City's downtown is reflected in the numerous studies and reports over the past dozen
years, including but not limited to the 2000 Downtown Parking Management Program,
the 2002 Downtown Parking Task Force strategic plan, the 2006 Downtown Parking
Program, and the 2009 Walker Parking Study.
(dd) These centrally located parking structures enable their users to park once
and then walk to multiple destinations.
(ee) This "Park Once" philosophy contributes to the Downtown's pedestrian
character and is a major underpinning of its success.
(ff) These parking structures are also operated in a manner to meet the City's
LUCE, transportation and economic goals.
(gg) The LUCE calls for a parking management approach which utilizes a
shared pool of parking resources creating a true shared parking district.
(hh) Given these fundamental goals, it is essential that these parking structures
be protected as precious resources to ensure that adequate parking is available and
that easy access is provided to the core of the Downtown thereby promoting its vitality
(ii) The City has spent millions of dollars retrofitting and maintaining many of
these structures.
Qj) In April 26, 2011, the California Supreme Court issued its decision in
California Redevelopment Association v. Ana Matosantos, affirming AB 1X26 which
provides for the dissolution of redevelopment agencies.
M.
(kk) In AB 1X26, the State legislature incorporated provisions that purport to
require properties formerly owned by the City's Redevelopment Agency to.be sold so
that the proceeds can be transferred to the County auditor - controller for distribution to
taxing entities as property tax proceeds.
(II) In such event, to ensure replacement parking essential for the economic
viability of the City's downtown, there is a need for a development standard that
requires an owner to first obtain a final permit for a project providing replacement public
parking within the same district before an owner may remove, redevelop or convert a
parking structure in a manner that results in the removal of public parking spaces.
(mm) On April 11, 2006, the City Council adopted Interim Ordinance
Number2179 (CCS), after lengthy public outreach, environmental review, and hearings,
modifying auto dealership standards in various commercial and residential zoning
districts in the City to better balance the need for auto dealerships to expand and
develop a more urban format within a context of limited land availability and close
proximity to sensitive residential uses. This Ordinance was extended several times, but
expired August 8, 2010.
(nn) Consistent with LUCE goals and policies, it has and continues to be
contemplated that the provisions of the auto dealership interim ordinance would be
included in the Zoning Ordinance Update that is currently under preparation.
(oo) More specifically, Goal E8 of the LUCE states: "Allow for the expansion and
improved performance of automobile dealers in Santa Monica, recognizing their
contribution to the local economy and the revenue base of the General Fund." Further,
LUCE Policy E8.3 states: "Allow automobile dealers to reasonably expand in their
E
current locations and otherwise respond to likely global changes in the automobile
industry as long as their redevelopment is in the urban auto dealership format and
incorporates mitigations to reduce any negative impacts on the surrounding residential
and nonresidential uses. The expansion may occur on existing parcels used for
automobile dealerships and on adjacent or proximate parcels."
(pp) Auto dealerships are important to the economic vitality of the City, and
readopting, with modification, . certain of the auto dealership interim ordinance
provisions would encourage the retention of these dealerships by enabling these
dealerships to expand and modernize their operations in order to remain competitive in
the industry while ensuring that changes or improvements made on existing automobile
dealer lots are sensitive to and in keeping with the character of adjacent residential
areas.
(qq) In light of the above - detailed concerns, on February 8, 2011, the City
Council adopted Interim Ordinance Number 2345 (CCS) establishing interim
development procedures pending implementation of the LUCE through a revised Zoning
Ordinance; on April 26, 2011, the City Council adopted Ordinance Number 2356(CCS)
extending and amending Ordinance Number 2345 (CCS); and on February 28, 2012,
the City Council adopted Ordinance Number 2394 (CCS), further extending and
amending Ordinance Number 2345 (CCS).
(rr) Pending completion of the City's review of its planning and zoning
regulations, it is necessary on an interim basis to modify the Zoning Ordinance as set
forth in Section 2, Section 3, Section 4, Section 5, and Section 6 of this Ordinance.
10
(ss) As detailed above and in the January 25, 2011, April 26, 2011, February 14,
2012, and August 14, 2012 City Council staff reports, there continues to exist a current
and immediate threat to the public health, safety, and welfare should the interim zoning
ordinance and necessary amendments not be adopted and development of projects
inconsistent with the LUCE be allowed to proceed through the issuance of
Administrative Approvals or Development Review Permits which are not consistent with
the explicit standards of the LUCE or with the tier structure and the provision of
community benefits.
SECTION 2. Interim Zoning Regulations
Notwithstanding any provision of the City's Zoning Ordinance to the contrary, the
issuance or extension of permits for either a new development project or for the
expansion of an existing development project that exceeds 7500 square feet
( "development project ") that does not comply with the interim zoning standards set forth
in Section 3 of this Ordinance is hereby prohibited and no zoning permits or approvals,
subdivision maps, building permits, or other land use permit shall be approved, issued,
or, extended for a development project in contravention of Section 3 during the
pendency of this Ordinance or any extension thereof.
SECTION 3. Interim Zoning.
(a) Administrative Approvals. No development project shall be approved
pursuant to Santa Monica Municipal Code Section 9.04.20.28.020 [Administrative
Approvals] unless all of the following findings are made:
11
(1) The proposed development does not require discretionary review or approval
as established in the Zoning Ordinance, the LUCE, or this Interim Ordinance.
(2) The proposed development conforms precisely to the development
standards contained in both the Zoning Ordinance and in the LUCE for the zoning
district and land use designation in which the development is located.
(3) In the case of any inconsistency between the Zoning Ordinance and the
LUCE pertaining to any objective development standard or permitted use, the proposed
development conforms to the more restrictive development standard and is a permitted
use authorized by the LUCE.
(4) Additionally, notwithstanding subsection (c) of this Section, any pending
Administrative Approval application filed on or before March 11, 2011 for a housing
development project must meet the following Transportation Demand Management
requirements:
(i) Prior to the issuance of building permits, the property owner shall prepare,
implement, and maintain a Transportation Demand Management plan, to the
satisfaction of the City, including physical, operating and leasing conditions that will be
reasonably likely to result in attainment of a 1.50 a.m. and p.m. AVR among employees
at the development within three years and continued achievement and maintenance of
the AVR targets thereafter. The following measures shall be included in the developer's
TDM plan:
(A) Transportation Information: Developer (and its successors and assignees)
shall provide, to the satisfaction of the City, bulletin boards, display cases, or kiosks,
displaying transportation information located where the greatest number of residents
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and employees are likely to see them. This information shall also be provided annually
and upon signing of any lease, to residents and commercial tenants. Information shall
include, but is not limited to, the following:
. Current maps, routes, fare information, and schedules for public transit
routes serving the site.
Telephone numbers and website links for referrals on transportation
information including numbers for the regional ridesharing agency and
local transit operators.
• Ridesharing promotional material supplied by commuter - oriented
organizations.
■ Bicycle route and facility information, including regional /local bicycle maps
and bicycle safety information.
A list of facilities available for carpoolers, vanpoolers, bicyclists, transit
riders, and pedestrians at the site.
Walking maps and information about local services, restaurants, movie
theaters, and recreational activities within walking distance of the project.
(B) Motorcycle Parking: Developer (and its successors and assignees) shall
provide two motorcycle parking spaces allocated in the commercial subterranean
parking level, if commercial parking is provided on -site.
(C) Bicycle Parking: Developer (or successors and assignees) shall provide
and maintain long -term, secure bicycle parking, such as a locked room or cage, for
commercial tenant employees at a rate of one space for each 5,000 sq. ft. of
commercial area, with a minimum of two spaces in City- approved locations. Long -term
13
secure bicycle parking for the residential component shall be one space per bedroom
and shall be provided in an enclosed, secure space (e.g. bike room, bike lockers).
Short -term bicycle parking for the residential component shall be 0.2 spaces /unit with a
minimum of 4 spaces.
(D) Bicycle, Vanpool, and Carpool Parking Spaces: Developer (or successors
and assignees) shall provide parking space in accordance with SMMC 9.04.10.08.050.
Preferential parking within the parking garage shall be provided for project employees
who carpool or vanpool to work. The charge for such parking spaces will be at a
reduced rate.
(E) Showers: A minimum of one women's and one men's shower and locker
facility shall be provided for employees of commercial uses on site who bicycle or use
another active means, powered by human propulsion, of getting to work or who exercise
during the day.
(F) Unbundling of Parking Spaces: If the City adopts an ordinance or other
legal mechanism which authorizes the unbundling of parking, the Applicant (or
Applicant's successors and assigns) shall in all leases it executes as landlord or
residential units within the Project provide residential tenants with the option of leasing
parking space(s) separately from the residential unit. Any parking spaces not leased by
project residential tenants may be leased to any lessee on a month to month basis,
whether or not the lessee otherwise occupies or works at the project, provided project
residential tenants are given first priority to lease such spaces.
(G) Transportation Management Organization: Developer shall agree to
participate in a Transportation Management Organization serving its area and require
14
same of its tenants. If the City adopts a requirement that a Transportation Management
Organization be formed for the project's geographic area, property owner and tenants
shall participate in any specific strategies that may be implemented, including but not
limited to, support for transit use, shared parking, car sharing opportunity, and
pedestrian and bicycle improvements.
(b) Tier 2 and Tier 3 Development Projects. Notwithstanding the development
standards specified in the Zoning Ordinance, no development project which would
constitute a Tier 2 or Tier 3 project as established pursuant to LUCE Chapter 2.1 shall
be approved except City projects or projects developed pursuant to a development
agreement adopted pursuant to Santa Monica Municipal Code Chapter 9.48. City
projects are defined as City public works projects and City community facilities (e.g.
libraries, public parking structures, recycling centers, and community centers), not
including public /private partnerships, and City projects shall be deemed to meet the
community benefit requirements of Tier 2 and Tier 3 development projects.
(c) Downtown Core. Notwithstanding the development standards specified in
the Zoning Ordinance, no development project in the Downtown Core as delineated in
the Land Use Designation Map approved by the City Council on July 6, 2010 shall
exceed 32 feet in height except City projects or projects developed pursuant to a
development agreement adopted pursuant to Santa Monica Municipal Code Chapter
9.48. However, development projects located entirely within the BSC1 Zoning District
shall not be subject to these interim standards provided that the development project is
less than the height and floor area of the existing building.
15
(d) 100% Affordable Housing Projects. Notwithstanding subsection (b) and (c)
of this Section, affordable housing projects with 50 units or less in which one hundred
percent (100 %) of the housing units are deed - restricted or restricted by an agreement
approved by the City for occupancy by households with incomes of eighty percent
(80 %) of median income or less will continue to be processed ministerially. Such
affordable housing projects may also include non - residential uses, as long as such uses
do not exceed a maximum percentage of 33% of the total floor area.
(e) Shared Parking. The following administrative process is hereby established
authorizing property owners and tenants to request shared parking in the Downtown
Core, except for projects that are processed through a development agreement. A
shared parking permit is intended to permit the owners of parking facilities to rent or
lease underutilized parking that is available in their facility to nearby residents, workers
or businesses while reserving sufficient parking supply needed for on -site uses.
(1) Permit Required.
A shared parking permit, approved by the Planning Director, or his /her designee,
shall be required and shall be issued prior to the commencement of a shared parking
use of any private parking facility that is otherwise limited to on -site users. The Planning
Director, or his /her designee, may establish additional conditions to further the intent of
this subsection (e) and ensure that parking spaces needed for the primary on -site uses
will be available during the hours needed for their use. A public hearing shall not be
required for issuance of a shared parking permit.
(2) Application.
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Application for a shared parking permit shall be filed in a manner consistent with
the requirements contained in Municipal Code Part 9.04.20.20.
(3) Findings.
The Planning Director, or his /her designee, or Planning Commission on appeal,
may approve a shared parking permit application, in whole or in part, with or without
conditions, only when all of the following findings are made in an affirmative manner:
(i) The operation of the requested shared parking permit at the location
proposed and within the time period specified will not adversely impact the primary use
of the parking facility for its intended on -site users, or otherwise endanger the public
health, safety, or general welfare.
(ii) The shared parking permit sets forth the maximum number of shared
parking spaces that are being approved for use by off -site users that will be available
during peak and off -peak parking demand periods so as to ensure that a sufficient
number of spaces will be provided to meet the greater parking demand of the
anticipated users.
(iii) Additional requirements, restrictions or agreements, as deemed necessary
by the Planning Director, or his /her designee, are included as a requirement(s) of the
shared parking permit to ensure that parking spaces needed for the primary on -site
uses will be available during the hours needed for their use.
The Planning Director, or his /her designee shall prepare a written decision
which shall contain the findings of fact upon which such decision is based and all
required conditions, if approved. The decision shall be mailed to the applicant and to
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property owners and residents of parcels adjacent to the parcel for which the Shared
Parking Permit is requested. Copies of the decision shall also be provided to the
Planning Commission.
(4) Term of Permit.
A shared parking permit shall be valid for a one -year period from the date of
issuance unless a different period is set by the Planning Director, or his /her designee, or
the Planning Commission on appeal, as a condition of granting the shared parking
permit. The permit shall renew automatically for additional one -year periods unless the
permit is modified or revoked in accordance with subsection (6) of this Section.
(5) Monitoring.
The permit holder shall grant City staff access to the parking facility for the
purpose of verifying parking availability prior to issuing the permit as well as to allow
random monitoring after the permit is issued.
(6) Modification or Revocation.
The City may modify or revoke an approved shared parking permit in accordance
with the following procedures:
(i) If the Planning Director designee receives evidence that the conditions of
the permit have not been met, or the permit granted is being or has recently been
exercised contrary to the terms of the approval or in violation of a specific statute,
ordinance, law, or regulation, the Planning Director designee shall serve notice of these
violations, either in person or by registered mail, on the owner of the property and on
f *.
the permit holder and shall provide the permit holder with a reasonable opportunity to
cure the violation(s).
(ii) If the permit holder or property owner has not responded to the notice
within 10 days or the Planning Director designee determines that the permit holder has
failed to cure the violation, the Planning Director designee may refer the matter to the
Zoning Administrator for a revocation hearing. Notice of hearing shall be published
once in a newspaper of general circulation within the City and shall be served either in
person or by registered mail on the owner of the property and on the permit holder at
least ten days prior to such hearing. The notice of hearing shall contain a statement of
the specific reasons for revocation.
(iii) After the hearing, a shared parking permit may be revoked by the Zoning
Administrator or by the Planning Commission on appeal or review if any one of the
following findings is made:
(A) That the Shared Parking Permit was obtained by misrepresentation or
fraud
(B) That the conditions of the permit have not been met, or the permit granted
is being or has recently been exercised contrary to the terms of the approval or in
violation of a specific statute, ordinance, law, or regulation.
A written determination of modification or revocation of the shared parking permit shall
be mailed to the property owner and the permit holder within ten days of such
determination.
(7) Appeals.
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Any person may appeal the approval, conditions of approval, denial, modification
or revocation of a shared parking permit to the Planning Commission if filed within
fourteen consecutive calendar days of the date the decision is made in the manner
provided in Municipal Code Part 9.04.20.24, Sections 9.04.20.24.020 through
9.04.20.24.040.
(f) Floor Area Calculations in the Downtown Core. In the Downtown Core,
below -grade floor area shall not be included when calculating a project's floor area ratio
(FAR). However, such below -grade floor area shall be counted in establishing a
project's parking requirements.
(g) Non - conforming Uses in CM District. An existing use in the CM District shall
be considered no longer existing if that use is changed to another type of use or if for a
period of one year such use has not been in regular operation. Regular operation shall
be considered being open for business to the general public during such use's
customary business hours.
(h) Notwithstanding the provisions of Section 9.04.08.28.070 of the Zoning
Code, two restaurants per block shall be allowed on the east side of Main Street north
of Ocean Park Boulevard and south of Pico Boulevard.
(i) No removal, redevelopment or conversion of a parking structure in BSC -2 and
C3 -C zone districts, publically owned as of February 14, 2012, which results in the loss
of parking spaces above the ground floor shall be permitted unless the final permit to
commence construction for a project providing the one -to -one replacement of this
parking has been issued in the same zoning district and this replacement parking will be
20
offered to the public at rates comparable to the most recent rates offered to the public
for the removed parking spaces.
SECTION 4. Automobile Dealerships in Residential and "A" Off - Street
Parking OverlaV Zones:
Lots desiqnated ( "A ") Off - Street Parkinq 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 August 14, 2012, 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 subsections (a) through (1) of this Section The
expansion of automobile dealership support areas shall be authorized if undertaken
pursuant to subsection (m) of this Section:
(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:
public street.
(1) A minimum 20 foot setback from the property line adjacent to a
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(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.
(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 adiacent 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 a dealership - 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,
22
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.
(ff Rooftop Parking: Rooftop parking is permitted subject to the special
standards set forth in Section 5.
(q) 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
6 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.
(I) Design Standards Parking structures constructed under these provisions
shall be subject to the design standards set forth in Section 5.
(k) Use to revert to residential: Structures constructed under these provisions
on residential parcels without an "A" Off - street Parking Overlay designation shall be
23
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
structure shall be removed or incorporated into a residential protect on the residential
parcel(s) within 3 years.
(D Housing Impact Fee: Parking structures and automobile storage lots
constructed on parcels designated as Low Density Multiple - Family Residential (R2) and
Medium Density Multiple FamilV 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.
(m) A floor area expansion of existing automobile dealerships in the
Residential and A Off- Street Parking Overlay Zones that is less than 750 square feet
shall be permitted bV -right provided that:
1) The expanded floor area is utilized for an ancillary support function
including but not limited to customer waiting area offices, vehicle parts storage or
vehicle parts display;
2) The height of the expansion does not exceed 1 story and 23 feet
3) None of the expanded area is utilized for auto repair activities
including but not limited to service bays body work oil change and lubrication or radio,
stereo or phone installation;
4) The square footage expansion may maintain the existing building
lines adjacent to public rights of way, subject to Architectural Review Board approval.
24
SECTION 5. Special Standards for Parking Structures and Automobile Storage
Lots Associated with Automobile Dealerships.
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.
(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
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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 in Santa Monica Municipal
Code Section 9.04 10 02.150 and Section 9.04.10.02.151 unless otherwise 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
Residential (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.
If the structure is developed in conjunction with development on adjacent
commercial lots the project shall be designed so that building mass increases toward
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.
NO
(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 an 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 6. Performance Standards Permit and Conditional Use Permit
Requirements: Automobile dealerships automobile storage lots and parking structures
sublect to a performance standards permit or a conditional use permit shall comply with
the following standards:
(a) Parking and Vehicle Storage On -site employee and customer parking
shall be provided at no charge Employee and inventory parking may be provided as
27
tandem and shall not be subiect 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.
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
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 subiect 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.
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 anv 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).
Loading and unloading of vehicles is limited to the hours of eight
a.m. to five p.m. Monday through Saturday. Loading and unloading of vehicles is
prohibited on Sunday and legal holidays.
(2) Vehicle off - loading shall not be permitted in the public right of way
or residential area and shall occur on site or off -site. The applicant shall prepare and
submit to the Transportation Management Division for approval a plan that complies
with all requirements of this subsection (d) to be included in a form prepared by
Transportation Management Division.
(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 or that are part of an
automobile rental operation associated with the dealership.
Uf 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 on -site queuing area for service
customers shall be provided On -site driveways may be used for queuing but may not
99
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 personnel of this requirement and to
ensure compliance with it. The applicant shall prepare and submit to the Transportation
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.
U Control of Alley 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 for a 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.
Kit,
(i) 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
an alley or other public way. Compliance with this subsection (i) 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 aeneratinq equipment exposed to the exterior shall be
muffled with sound absorbing materials to minimize noise impacts on adiacent
properties and shall not be operated before eight a.m or after six p.m. if reasonably
likely to cause annoyance to abutting or adiacent 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
(1) Toxic Storage and Disposal.
31
(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.
(m) Air Quality.
(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
32
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 parkinq spaces. In addition these spaces shall
not count toward fulfilling the 10% employee parking requirement. Vertical spaces
above employee parking shall be used for employee parking: spaces above inventory
shall be used for inventory. The Planning Commission 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 repair or automobile painting facility 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 repair or automobile painting facility;
(3) Vehicles may only be rented to customers of the automobile repair
or automobile painting facility;
33
(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.
(g) Plan Verification All dealerships shall submit a letter annually in June
affirming their continued use of their test - driving vehicle off - loading, and alley traffic
control plans Any changes to approved plans shall require approval of the
Transportation Management Division.
SECTION 7. Applicability.
Except for subsections (e) through (g) of Section 3 which shall be
applicable to existing and future development, this Ordinance shall apply to any
development project which has not received its discretionary planning entitlements (e.g.,
development review permit, variance, architectural review permit, conditional use
permit) or has not filed any requested extension to these planning entitlements as of
March 11, 2011 unless the development project has otherwise obtained a vested right
to proceed. Discretionary project applications that were filed prior to the effective date
of Ordinance Number 2345 (CCS) and which are subject to its provisions and any
extension thereto shall automatically be converted to a development agreement with
fees already paid to be applied towards the development agreement deposit.
SECTION 8. Any provision of the Santa Monica Municipal Code or
appendices thereto inconsistent with the provisions of this Ordinance, to the extent of
34
such inconsistencies and no further, is hereby repealed or modified to that extent
necessary to effect the provisions of this Ordinance.
SECTION 9. 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.
SECTION 10. This Ordinance shall be of no further force or effect after
August 14, 2013, unless prior to that date, after a public hearing, noticed pursuant to
Santa Monica Municipal Code Section 9.04.20.22.050, the City Council, by majority
vote, extends this interim ordinance.
SECTION 11. 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 after its adoption.
APPROVED AS TO FORM:
M HA NES M TRIE
Ci ttorn
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