Item 8-B
City Council Meeting: 02-09-99 Santa Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Recommendation to Conduct a Public Hearing and Introduce for First Reading an Ordinance Amending Section 9.04.08.15.040 of the Santa Monica Municipal Code to Conditionally Permit the expansion or intensification of existing legal non-conforming auto repair businesses located in the BSC-3 Zoning District.
INTRODUCTION
Proposed is a Text Amendment to allow existing legal non-conforming auto repair uses located in the Bayside Commercial District-3 (BSC-3), which includes properties on the east side of Fourth Street, between Wilshire Boulevard and Broadway, to be expanded, provided physical improvements are made in conformance with current Bayside District special project design and development standards and the special conditions for auto repair uses.
BACKGROUND
New auto repair businesses are not permitted or conditionally permitted in the BSC District. Accordingly, existing auto repair businesses are considered "legal non-conforming uses." Santa Monica Municipal Code (SMMC) Section 9.04.18.030 allows legal non-conforming uses to remain provided the use is not expanded or intensified. This provision allows nonconforming uses to continue their existing level of operation until replaced by a conforming use. In some cases, however, this standard can also prevent business owners from modifying legal non-conforming uses to meet current design and development standards.
On July 8, 1997, James Taylor, AIA, an architect representing Grigsby Automotive Company, advised the City Council that his client wanted to upgrade his auto repair business at 401 Broadway, but was prevented from doing so because auto repair is considered a nonconforming use in the BSC District. In response to Mr. Taylor's request to amend the Zoning Ordinance, the City Council directed City staff to research and prepare appropriate zoning ordinance amendment language to allow existing legal non-conforming auto repair uses, located in the BSC Zoning District to be expanded, providing they make physical improvements to conform with current downtown urban design standards.
ANALYSIS
This amendment would allow, subject to a Conditional Use Permit, the expansion or intensification of existing legal non-conforming auto repair businesses located in the BSC-3 Zoning District, provided such property is physically improved to comply with current Bayside District special project design and development standards contained in Section 9.04.08.15.070. The amendment would also require compliance with Pedestrian-Oriented Design Standards specified in Section 9.04.10.02.440 (Attachment B) and the special auto repair facility conditions for auto repair uses set forth in Section 9.04.14.050, (Attachment C).
The proposed Text Amendment would add the following subsection to the conditionally permitted uses section of the BSC Zoning Ordinance:
Section 9.04.08.15.040 Conditionally permitted uses:
(3) In addition to those uses specified in Subsection (2) of this Section, the following uses may be permitted in the BSC-3 portion of the BSC District subject to the approval of a conditional use permit:
a. Expansion or intensification of automobile repair facilities existing as of July 8, 1997, provided such property is physically improved so as to comply with the Bayside special project design and development standards set forth in Section 9.04.08.15.070 and the special conditions for auto repair uses set forth in Section 9.04.14.050.
A land use survey of the east side of Fourth Street, between Wilshire Boulevard and Broadway (the BSC3 District), identified one (1) parcel at the northeast corner of Broadway and Fourth Street which would be directly affected by the proposed amendment (shown on Attachment D). This location is noteworthy because it is at the southern boundary of the BSC District. The adjacent C3C District conditionally permits the expansion or intensification of automobile repair facilities that existed as of July 11, 1995 (Section 9.04.08.20.040(h)). Therefore, this one affected use is consistent with existing zoning provisions that affect properties to the south and east. Additionally, there is a significant daytime commuter workforce in the immediate area. Existing downtown auto repair facilities provide these commuters with facilities to drop their cars off where they can walk to work, providing a needed service and reducing vehicle trips to more distant auto shops.
Staff believes allowing this existing use to expand as a result of the text amendment, subject to the approval of a Conditional Use Permit, is appropriate as it will provide an incentive and set standards to substantially upgrade properties in a manner consistent with the area's pedestrian-oriented character. Compliance with the Bayside special project design standards will ensure pedestrian-oriented uses along the ground floor street frontage, such as sales offices, product show rooms, and customer lounges. Additionally, any physical improvements would be required to include pedestrian-oriented design features as specified in Section 9.04.08.15.02.440. Compliance with the special conditions for auto repair uses will require that all repair work be performed inside a building, that additional landscaping be provided and that the storage of partially dismantled or inoperable vehicles in an area visible from the street be prohibited. Allowing the proposed expansion by CUP will ensure that the Planning Commission has an opportunity to review the request to determine whether the overall project design is suitable for the specific location.
Planning Commission Recommendation
The Planning Commission held a public hearing on May 27, 1998 to consider this request and approved a motion recommending that the City Council approve the proposed Text Amendment as recommended by staff. During its discussion of the proposal, the Commission expressed concern that auto repair is not a desirable use in the pedestrian-oriented Bayside District and that the proposed text amendment would allow such a use to continue indefinitely and at a particularly significant location, the corner of Broadway and Fourth Street. There was also concern that some of the justification used to consider the proposal is based on the current owner/operator of the facility, but future owners or management might not be as conscientious about maintaining the property. Overall, however, the Commission felt the CUP requirement would provide a mechanism to regulate any existing auto service use, expansion or intensification while providing an opportunity to upgrade the site. Minutes of the May 27, 1998 Planning Commission hearing are contained in Attachment E. The recommendation of the Santa Monica Downtown District and Correspondence from the public is contained in Attachment F.
Conclusion
The proposed Text Amendment would allow the expansion or intensification of existing legal non-conforming auto repair businesses that are located in the BSC-3 Zoning District, provided such uses are physically improved in compliance with current Bayside special project design and development standards contained in Section 9.04.08.15.070 and the special auto repair facility conditions for auto repair uses set forth in Section 9.04.14.050, subject to the approval of a Conditional Use Permit. Staff believes a quality auto repair facility can be developed that incorporates pedestrian-oriented design elements while contributing to the area's overall commercial vitality. Requiring an existing auto repair facility to comply with current design and development standards through the CUP process as a result of expansion or intensification will insure compatibility with other BSC District and adjacent C3C District land uses.
CEQA STATUS
The project is categorically exempt from the provisions of CEQA pursuant to Class 5(a) of the State Implementation Guidelines in that the project involves a minor alteration in land use limitations of existing, legally established, automobile repair uses.
PUBLIC NOTIFICATION
Pursuant to Government Code Section 65804, notice of the public hearing for the Text Amendment was mailed to all property owners within 300' of the Bayside Commercial District and published in the Argonaut newspaper at least ten days prior to the hearing. A copy of the notice is contained in Attachment A.
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report does not have any budget or fiscal impact.
RECOMMENDATION
It is recommended that the City Council hold a public hearing and introduce for first reading an ordinance amending Section 9.04.08.15.040 of the Santa Monica Municipal Code to conditionally permit the expansion or intensification of existing legal non-conforming auto repair businesses that are located in the BSC-3 Zoning District, provided such uses are physically improved in compliance with current Bayside special project design and development standards and the special auto repair facility conditions for auto repair uses, as specified in the attached draft Ordinance.
TEXT AMENDMENT FINDINGS
1. The proposed amendment is consistent in principle with the goals, objectives, policies, land uses, and programs specified in the adopted General Plan in that the proposed amendment would only allow existing legal non-conforming auto repair uses located in the BSC-3 Zoning District to expand if they made physical improvements to upgrade the development to conform with current Bayside District special project design and development standards, pedestrian-oriented design standards, and the special conditions for auto repair uses. Allowing the expansion or intensification of existing legal non-conforming auto repair businesses by CUP will ensure that the Planning Commission, or City Council on appeal, has an opportunity to review any application request to determine whether the overall project design is suitable for the specific location and that the required Conditional Use Permit and pedestrian-oriented design findings can be made to allow approval of the request.
2. The public health, safety, and general welfare require the adoption of the proposed amendment in that the proposed amendment would encourage existing legal non-conforming auto repair uses located in the BSC-3 Zoning District to be physically upgraded to conform with current Bayside District special project design and development standards, pedestrian oriented design standards, and the special conditions for auto repair uses, so that they can contribute to the area's overall commercial vitality.
Prepared by: Suzanne Frick, Director
Jay Trevino, AICP, Planning Manager
David Martin, Senior Planner
Bruce Leach, Associate Planner
City Planning Division Planning and Community Development Department
Attachments:
A. Draft Ordinance
B. Notice of Public Hearing
C. Bayside District Special Project Design and Development Standards; and Pedestrian-Oriented Design Standards
D. Special Auto Repair Facility Conditions for Auto Repair Uses
E. Map of the Bayside District
F. Minutes of the 5/27/98 Planning Commission Meeting
G. Recommendation of the Bayside District Corporation; and Correspondence from the Public
SF:kg:dm:bl
F:\ADMIN\SHARE\PENSTAF\CCSTF\990209\s99020908-B.wpd February 5, 1999
M I N U T E S
SPECIAL MEETING OF THE PLANNING COMMISSION
OF THE CITY OF SANTA MONICA
WEDNESDAY, May 27, 1998 CITY COUNCIL CHAMBERS
7:00 P.M. ROOM 213, CITY HALL
C: Amendment to Section 9.04.14.050 of Article IX of the Santa Monica Municipal Code. The proposed Text Amendment would allow existing legal non-conforming auto repair uses located in the BSC-3 Zoning District to be expanded provided the use is modified to conform with the Bayside special project design and development standards set forth in Section 9.04.08.15.070, and special conditions for auto repair uses set forth in Section 9.04.14.050. (Planner: Bruce Leach)
Following the staff report, Commissioner Parlee asked for the current FAR for the property. He also commented on the expansion and other non-conforming sites in the Bayside District. Mr. Leach stated that the current permitted FAR is 3.0.
Commissioner Gruber asked for an explanation as to why this business can not meet the standards without expanding. Mr. Leach explained that auto repair standards require certain auto repair activities, such as exterior auto lifts, which are not in conformance with current auto repair standards that require these activities be inside a building. Compliance would involve the expansion of the current building.
Commissioner Parlee commented on a letter received from the Bayside District Corporation's Board of Directors. Ms. Frick explained the history of this Text Amendment, which came about when the property owner, Mr. Grisby, came to City Council with plans to update the facility, which could not be done because of code requirements. She stated that the City Council directed staff to begin the process to consider amending the ordinance, which is the reason for this hearing.
Chair Zinner closed the public hearing.
Commissioner Parlee expressed his uneasiness about this proposal partly because of the significance of the location [corner of Broadway and Fourth Street]. He acknowledged that the current auto repair business is a convenience, however he expressed concern that this may not be the best use for the site. He stated that he is not inclined to allow the use to continue because he would like to see more of a mix.
Commissioner Weremiuk expressed support for the text amendment. She stated her first reason for support is that this is long time, ongoing use, and the owner wants to remain at this location. She also stated that the proposal is responsible.
Commissioner Gruber expressed his general agreement with Commission Parlee. He commented that this is the section of Broadway that will soon be getting a 20 foot wide sidewalk and be part of the major transit area. He also commented that this is a very pedestrian oriented area and pedestrian oriented businesses should be encouraged. He then commented that the current property has a good, clean fence. He stated his desire that the property have a pedestrian oriented retail, office or residential use.
Commissioner Bradley commented on the existing zoning for the property and expressed his objection to "spot zoning".
Commissioner Breisch commented that the Text Amendment gives broad leeway to regulate any future development of the site through the CUP process. He stated that he, too, would like to see more housing in the downtown area. He also stated that the Text Amendment allows a chance to improve the site. He commented that the auto repair use has been there a long time and he would feel uncomfortable forcing someone out of business. Lastly, he stated that this business has contributed to the community.
The architect for Grisby's, Jim Tyler, addressed the Commission. He stated that the original intention was to upgrade the facility, which has been in business for over 40 years and is a family run business. He stated that Mr. Grisby does not want to relocate his business, only bring it into conformance by having the auto lifts/hoists inside a building, and by adding landscaping and making the business handicapped accessible.
Chair Zinner expressed agreement with Commissioner Breisch. He stated the City should allow the window of opportunity for this site.
Commissioner Weremiuk moved the staff report.
Commissioner Breisch seconded the motion.
Commissioner Weremiuk commented that it sounds like the property owner has the intention of remaining in Santa Monica a long time. Chair Zinner commented that it is a valuable piece of property and surely offers have been made to purchase it.
Commissioner Gruber stated that he wanted a compromise, not drive out a business. He suggested an amendment to allow for the expansion of the building's structure, but not to allow the business to intensify. Chair Zinner asked if Commissioner Gruber wanted to use the Bayside District's language.
Commissioner Weremiuk stated that this is not a friendly amendment.
Commissioner Breisch also rejected the amendment. He expressed concern with micro-designing and stressed the need for more flexibility. He stated that the CUP requirement will give the City the ability to determine what will happen with the site. He also expressed concern regarding the issue of "homogenization" of the Bayside District. He stated that he likes the variety, including a few ugly gates and dirt. He also commented that he likes the "real activity" of this site.
Chair Zinner commented that the real risk is that the property could remain unchanged for another 40 years.
Commissioner Gruber commented on the importance of having vision for the neighborhood. He expressed a preference for the proposed Bayside District language.
Commissioner Parlee stated that he considers this spot zoning, however he will reluctantly support the motion. He expressed concern that this corner will remain an anomaly for the next 40-50 years. He commented that the property could become a Jiffy Lube.
Commissioner Bradley asked if the motion omitted the Bayside District recommendations. Commissioner Weremiuk answered in the affirmative.
Commissioner Gruber attempted a substitute motion, which failed to receive a second.
The motion was approved by the following vote:
AYES: Breisch, Parlee, Weremiuk, Zinner; NOES: Bradley, Gruber.
f:\plan\share\pc\agenda\pca52798.wpd
MINUTES APPROVED: JULY 1, 1998