SR-07-08-2014-7A - 400-04City Council Meeting: July 8, 2014
Agenda Item: —7A
To: Mayor and City Council
From: Marsha Jones Moutrie, City Attorney
Subject: Interim Ordinance Amending Interim Ordinance Number 2455 (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, the Replacement of Existing Public Parking Spaces Within
Public Parking Structures in BSC -2 and C3 -C Zoning Districts, Authorized
Existing Nonconforming Automobile Dealership Uses and Minor
Expansions Thereto in Residential and "A" Off - Street Parking Overlay
Zones, Modified the Requirements for Ministerial Processing of 100%
Affordable Housing of 50 or Fewer Units, Modified Floor Area Ratio
Calculations in the Downtown District for Outdoor Dining, Provided an
Interim Use Permit Approval Process for the Bergamot Planning Area and
Clarified that the Bergamot Area Plan Development Standards for Tier 1
Projects and Authorized Uses Supersede the Requirement of the Zoning
Ordinance to the Extent of Any Inconsistency
Recommended Action
Staff recommends that the City Council adopt the attached ordinance.
Executive Summary
At its meeting on June 24, 2014, the City Council introduced for first reading an interim
ordinance amending Interim Ordinance Number 2455 (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, the replacement of existing
public parking spaces within public parking structures in BSC -2 and C3 -C Zoning
Districts, authorized existing nonconforming automobile dealership uses and minor
expansions thereto in residential and "A" Off - Street Parking Overlay Zones, modified
the requirements for ministerial processing of 100% affordable housing of 50 or fewer
units, modified floor area ratio calculations in the Downtown District for outdoor dining,
provided an interim use permit approval process for the Bergamot planning area and
clarified that the Bergamot Area Plan Development Standards for Tier 1 Projects and
authorized uses supersede the requirement of the Zoning Ordinance to the extent of
any inconsistency. The ordinance is now presented to the City Council for adoption,
Prepared by: Marsha Jones Moutrie, City Attorney
Approved:
Forwarded to Council:
Mars a ones,frl utne Rod Gould
City A orney I City Manager
2
City Council Meeting: 07 -08 -2014 Santa Monica, California
ORDINANCE NUMBER 2460 (CCS)
(City Council Series)
AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING INTERIM ORDINANCE NUMBER 2455 (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, THE REPLACEMENT OF EXISTING PUBLIC
PARKING SPACES WITHIN PUBLIC PARKING STRUCTURES IN BSC -2 AND C3 -C
ZONING DISTRICTS, AUTHORIZED EXISTING NONCONFORMING AUTOMOBILE
DEALERSHIP USES AND MINOR EXPANSIONS THERETO IN RESIDENTIAL AND
"A" OFF - STREET PARKING OVERLAY ZONES, MODIFIED THE REQUIREMENTS
FOR MINISTERIAL PROCESSING OF 100% AFFORDABLE HOUSING OF 50 OR
FEWER UNITS, MODIFIED FLOOR AREA RATIO CALCULATIONS IN THE
DOWNTOWN DISTRICT FOR OUTDOOR DINING, PROVIDED AN INTERIM USE
PERMIT APPROVAL PROCESS FOR THE BERGAMOT PLANNING AREA AND
CLARIFIED THAT THE BERGAMOT AREA PLAN DEVELOPMENT STANDARDS FOR
TIER 1 PROJECTS AND AUTHORIZED USES SUPERSEDE THE REQUIREMENT OF
THE ZONING ORDINANCE TO THE EXTENT OF ANY INCONSISTENCY
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
1
(g) The LUCE substantially revises the City's land use policies, goals, and
standards.
(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 currently under public review and discussion at the
Planning Commission and scheduled for review and adoption by City Council during the
second quarter of 2014.
(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.
3
in the community benefit tier structure, which is the basis by which much of the LUCE
vision, goals, and policies will be achieved.
(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
5
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.
(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.
N
(jj) 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.
(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 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.
(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.
0
(rr) The LUCE identifies the production of affordable housing as one of the City's
highest priorities and many of the LUCE policies are targeted at the production of
affordable housing. For instance, LUCE Policy H1.2 provides that the City should
"maintain programs to require and encourage the production of affordable housing for
very low -, low- and moderate income households," "seek additional opportunities to
increase the percentage of affordable housing as a component of for -sale and qualifying
rental residential and mixed -use housing projects," and "incentivize affordable housing
projects." LUCE Policy H1.3 provides that the City should "incentivize the creation of
new affordable housing opportunities."
(ss) The City is in the process of updating its Housing Element. The City's
Regional Housing Needs Assessment (RHNA) includes four hundred twenty -eight (428)
very low income housing units and two hundred sixty -three (263) low income housing
units.
(tt) The loss of redevelopment monies and the City's future affordable housing
goals as reflected in the RHNA necessitates that the City strengthen its incentives for
the production of housing which provide a greater mix in housing affordability levels and
address the City's need for low, very low and extremely low affordable housing units.
The proposed revision to the standards for the ministerial processing of 100%
affordable housing projects of 50 or fewer units directly addresses this effort.
(uu) Encouraging ground floor outdoor dining is an important goal expressed in
the LUCE. Excluding such dining from the calculation of floor area ratio can help
incentivize this use and create opportunities for adaptive reuse in existing structures
that would not presently be possible. Such ground floor outdoor dining does not
11
goals and policies that encourage local- serving uses that are an integral part of
complete neighborhoods (Policy D7.2) and that support active, ground -floor uses (Goal
D8).
(xx) 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); on February 28, 2012, the
City Council adopted Ordinance Number 2394 (CCS), further extending and amending
Ordinance Number 2345 (CCS), on August 28, 2012, the City Council adopted
Ordinance . Number 2407 (CCS) additionally extending and amending Ordinance
Number 2345 (CCS), on February 26, 2013, the City Council adopted Ordinance
Number 2417 (CCS) amending Ordinance Number 2345 (CCS) to address ministerial
processing of 100% affordable housing projects of 50 or fewer units, on June 25, 2013,
City Council adopted Ordinance Number 2428 (CCS), further extending and amending
Ordinance Number 2345 (CCS) to exempt ground floor outdoor dining on private
property from a Floor Area Ratio Calculation in the Downtown District, on September
24, 2013, City Council adopted Ordinance Number 2439 (CCS), clarifying that the
Bergamot Area Plan standards apply when provisions are in conflict with the current
Zoning Ordinance and establishing a Use Permit process in lieu of the Minor Use Permit
identified in the Bergamot Area Plan until adoption of the Zoning Ordinance, on January
14, 2014, City Council adopted Ordinance Number 2453 (CCS), extending Ordinance
Number 2439 (CCS) until May 31, 2014 to provide additional time to complete the
13
in Section 3, Section 4, Section 5, or Section 6 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, Section 4, Section 5, or Section 6, 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:
(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:
15
® 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
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
17
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.
(d) 100% Affordable Housing Protects. Notwithstanding subsection (b) and (c)
of this Section, affordable housing projects with 50 units or less will continue to be
processed ministerially if a minimum of twenty -five percent (25 %) of the housing units
are deed - restricted or restricted by an agreement approved by the City for occupancy
by households with income of sixty percent (60 %) of Area Median Income or less and
the remainder 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. 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.
Notwithstanding Section 7, affordable housing projects with 50 units or less
which are being developed pursuant to a settlement agreement with the City or which
19
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
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.
21
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:
fraud
(A) That the Shared Parking Permit was obtained by misrepresentation or
(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.
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
23
outdoor dining on private property up to 200 square feet in size shall not be included
when calculating a project's floor area ratio (FAR) provided the dining area has no more
than a 42 inch high barrier surrounding the dining area, is visible from the public right -of-
way, and immediately adjoins the front property line. Such ground floor outdoor dining
shall be counted as floor area for all other purposes except no additional parking shall
be required for that outdoor dining area.
(j) 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.
(k) 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.
(1) 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
offered to the public at rates comparable to the most recent rates offered to the public
for the removed parking spaces.
(1) Notwithstanding subsection (a)(3), within the Bergamot Area Plan boundaries,
in the case of any inconsistency between the Zoning Ordinance and the Bergamot Area
25
(c) Setbacks:
public street.
(1) A minimum 20 foot setback from the property line adjacent to a
(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 adjacent residential property that is not used as part of an
automobile dealership.
(d) Inventory Storage on Surface Lots. A qualifying lot may be used for
surface inventory storage only if the following conditions are met:
(1) Any displaced required parking shall be relocated to another off-
street location that is:
(A) Located within 750 feet of the qualifying lot, or
(B) Located within 300 feet of a public transit line that connects
the off - street location with the dealership and the dealership provides free bus passes to
its employees, or
(C) Serviced by a dealership - provided shuttle between the off-
street location and the qualifying lot which has been approved by the City's Director of
Planning.
27
(j) 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
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 project on the residential
parcel(s) within 3 years.
(1) Housing Impact Fee: Parking structures and automobile storage lots
constructed on parcels designated as Low Density Multiple - Family Residential (R2) and
Medium Density Multiple Family Residential (R3), without an "A" Off Street Parking
Overlay designation, may be subject to an Affordable Housing Fee established by
resolution of the City Council to mitigate the impact of the loss of the potential
development of affordable housing on these sites.
(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 by -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 shall be no more than 1 story and shall
not exceed 23 feet;
29
(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
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
31
SECTION 6. Performance Standards Permit and Conditional Use Permit
Requirements: Automobile dealerships automobile storage lots, and parking structures
subject to a performance standards permit or a conditional use permit shall comply with
the following standards:
(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
tandem and shall not be subject to Santa Monica Municipal Code Part 9.04.20.26.
Except as otherwise provided in this Section, parking shall comply with Santa Monica
Municipal Code Part 9.04.10.08.
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
33
(f) Repair of Vehicles. The repair and service facility portion of an automobile
dealership shall comply with the provisions of Santa Monica Municipal Code Section
9.04.14.050.
(g) Queuing of Vehicles. An adequate on -site queuing area for service
customers shall be provided. On -site driveways may be used for queuing but may not
interfere with access to required parking spaces. Required parking spaces may not
double as queuing spaces.
(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.
(i) 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
35
(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.
(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.
37
(3) Vehicles may only be rented to customers of the automobile repair
or automobile painting facility;
(4) No exterior signage shall be permitted for the accessory automobile
rental agency; and
(5) The accessory automobile rental agency shall not be advertised or
marketed as an independent automobile rental agency.
(q) Plan Verification. All dealerships shall submit a letter annually in June
affirming their continued 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 (k) 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.
39
SECTION 10. This Ordinance shall be of no further force or effect after
December 31, 2014, 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:
MAR " JOWtg MOUT E
City ney
41
Reference:
Ordinance No. 2460
(CCS)