ITEM 8-A

Council Mtg: November 23, 1999 Santa Monica, California

TO: Mayor and City Council

FROM: City Staff

SUBJECT: Introduction and First Reading of an Ordinance to Amend Santa Monica Municipal Code (SMMC) Section 9.04.02.030.315 and Section 9.04.14.050 of Article IX of the Santa Monica Municipal Code to Modify the Zoning Ordinance Floor Area Ratio Definition Relating to the Enclosure of Existing Outdoor Hoists, to Amend the Special Conditions for Automobile Repair Facilities, including but not limited to, Allowable Work Activities, Landscaping, Outdoor Hoist Enclosures, and other operating conditions, to Add Provisions Related to the Storage of Re-usable Auto Parts, the Road Testing of Vehicles and Vehicles Awaiting Repair, and to Require Existing Auto Repair Facilities to Comply with Special Conditions Related to Lighting, Litter, Sound and Storage, and Discussion of Standards for Existing Auto Repair Facilities in the M1 and LMSD Districts That are Not Subject to a Conditional Use Permit and discussion of regulations and enforcement related to Auto Repair Business activities.

This report recommends that the City Council introduce for first reading an ordinance to amend SMMC Section 9.04.02.030.315 and Section 9.04.14.050 of Article IX of the Santa Monica Municipal Code to modify the Zoning Ordinance floor area ratio definition relating to the enclosure of existing outdoor hoists, to amend the special conditions for automobile repair facilities relating to allowable outdoor work activities, landscaping and outdoor hoist enclosures, to add provisions related to the storage of re-usable auto parts, the road testing of vehicles and vehicles awaiting repair, and to require existing auto repair facilities to comply with special conditions related to lighting, litter, sound and storage.

On October 6, 1999, the Planning Commission voted 5 to 1 to recommend approval of this amendment. In addition, staff is seeking direction from Council with regard to existing automobile repair facilities which are located in the M1 Industrial Conservation District and LMSD Light Manufacturing and Studio District. The proposed ordinance is contained in Attachment A.

Santa Monica Municipal Code (SMMC) Section 9.04.14.050, which was adopted by the City Council in September, 1988, contains special conditions for Conditional Use Permits (CUP) which are related to the operation of auto repair facilities. These special conditions are intended to mitigate potential adverse impacts and ensure that the repair facilities operate harmoniously with adjacent and surrounding uses. Certain of these special conditions apply to those existing auto repair facilities that are located in zoning districts which require CUPs. Compliance with these special conditions was required by September, 1989. These conditions require:

paving of the building site, except in areas of buildings and landscaping;

landscaping of the perimeter of the site and the vehicle parking and driveway areas;

screening of vehicles awaiting body and fender repair;

enclosure or removal of outdoor hoists; and

enclosure or cessation of outdoor repair activities.

The City has initiated enforcement of the auto repair ordinance. Code compliance staff have inspected auto repair businesses City wide and have sent notices regarding any on-site Code violations. Following issuance of the violation notices, auto repair business representatives addressed the City Council on May 11, 1999 to identify constraints in complying with Code, including the issue of enclosing outdoor hoists. They proposed changes to the Zoning Ordinance to alleviate some of these problems. Based upon this testimony, the Council directed staff to prepare minor Code modifications which would address the auto repair establishments’ concerns, but would also reduce the impacts of auto repair activities on surrounding uses and neighborhoods. In addition, the Council directed staff to add provisions to the ordinance related to re-cycled auto parts, the test driving of vehicles and vehicles awaiting repair.

The proposed modification to Section 9.04.02.030.315 would amend the floor area definition to allow existing auto repair businesses to enclose outdoor hoists built before September, 1988 without including the hoist enclosure as part of the site floor area. As a result, auto repair businesses would be able to enclose their existing hoists without having to provide additional off-street parking. In many cases, it is not possible for existing auto repair businesses to provide additional off-street parking. Since the outdoor hoists are existing components of the auto repair facilities, staff believes the enclosure does not intensify operations. Moreover, the enclosure would screen the repair activity from adjacent uses.

The proposed amendments to Section 9.04.14.050 would modify the special conditions for auto repair facilities related to landscaping and outdoor hoist enclosures and add provisions related to re-cycled auto parts, the road testing of vehicles and vehicles awaiting repair. The modifications to the standards for landscaping were requested by Council and would allow for alternative landscaping configurations where a building extends to or near the parcel line of the site. In these situations, under current Code, part of the building would have to be demolished to comply with the landscaping standards that require landscaping around the perimeter of the site except in driveway areas. The landscaping plan would be subject to the review and approval of the Architectural Review Board. In this circumstance, the proposed ordinance directs the Architectural Review Board to approve an alternate landscaping plan to the extent necessary to eliminate the hardship imposed by the placement of existing buildings, provided the landscaping plan would not adversely affect public welfare and would not be detrimental or injurious to property and improvements in the surrounding area.

The City Council also directed staff to propose standards for outdoor hoist enclosures to require fully-enclosed buildings with openings oriented away from nearby residential uses. These standards have been added to Section 9.04.14.050(k).

Council also requested that staff develop standards for storage containers of re-usable auto parts, for vehicle test driving routes and for covering of vehicles awaiting repair. As amended, Section 9.04.14.050(m) would provide standards for storage containers for re-used or re-cycled auto parts which limit the size to 6’ in width by 9’ in length by 6’ in height and which are subject to the review and approval of the Architectural Review Board and the City Fire Marshal. Proposed Section 9.04.14.050(q) would require road testing routes, approved by the Transportation Management Division, which prohibits driving on residential streets. Finally, Section 9.04.14.050(r) is proposed to provide standards for vehicles awaiting repair and disassembled vehicles. The standards would require the closing of hoods while work is not being performed and the covering of vehicles that have been disassembled.

The Planning Commission conducted a public hearing on the proposed amendments on October 6, 1999. At that time, staff recommended to the Planning Commission that four other special conditions contained in Section 9.04.14.050 also be applied to existing auto repair businesses. These special conditions are of a minor nature and will not appreciably impact the operation of the existing facilities. These special conditions include:

Section 9.04.14.050(i) Lighting;

Section 9.04.14.050(m) Litter;

Section 9.04.14.050(n) Sound; and

Section 9.04.14.050(p) Storage.

Existing auto repair businesses would be required to comply with these provisions within three months after the effective date of this ordinance.

The Commission concurred with staff’s recommendations but suggested that three additional modifications to the Code be presented to the Council. First, the Commission recommended expanding the Architectural Review Board’s authority to allow for landscape adjustments to facilities where site specific characteristics, beyond just the placement of existing buildings, made compliance with the landscaping requirement impractical or impossible. The Commission was concerned that certain site conditions such as the placement of existing parking areas, fences and walls, and adjacent buildings made installation of landscaping per the Code requirements problematic. These recommendations are reflected in the proposed ordinance.

Second, the Commission asked staff to differentiate between auto repair businesses located in close proximity to residential areas. The proposed ordinance reflects this recommendation by further restricting outdoor activities when located adjacent to residential uses or districts.

Finally, the Commission recommended that language be added to allow for limited outdoor work activities at auto repair facilities that did not require the use of certain types of noise-generating tools and equipment and were not noise intrusive to adjacent land uses. The proposed text language to permit limited outdoor work activities reads as follow: (1) the work consists of diagnostic services which does not involve the removal of vehicular parts, battery charging and replacement, replacement of fluids, wiper blades, fuses, and lamps, or tire removal and replacement; (2) the work is performed within twenty (20) feet of an existing building on the premises; (3) the work is performed entirely within a clearly marked area not to exceed four-hundred (400) square feet; (4) screening consistent with Section 9.04.01.04.080 is provided along street frontages and along property perimeters which face residential uses and zoning districts; (5) the work is performed only between the hours of 8:00 a.m. to 5:00 p.m. Monday through Friday and 8:30 a.m. to 4:00 p.m. Saturday; and (6) the work does not involve the use of pneumatic tools. Notwithstanding the above, if the auto repair facility is located directly adjacent to or across an alley from a residential use or district, no replacement of fluids or tire removal and replacement shall be conducted. The attached ordinance reflects these recommended Code modifications.

Staff also received direction from the Commission to investigate performance based standards which could be enacted to allow limited outdoor work activities at existing auto repair facilities. These standards do not include a list of specific outdoor repair activities but instead provide performance standards that must be met in order to perform outdoor work. These standards provide greater flexibility to existing auto repair businesses while establishing enforceable conditions to ensure outdoor repair work does not adversely impact surrounding uses. These standards include the following conditions: 1. the work is performed within twenty feet of an existing building; 2. the work is performed entirely within a clearly marked area not to exceed four-hundred (400) square feet; 3. the work does not involve the use of pneumatic tools; 4. the work is not audible from beyond the property boundaries; 5. screening is provided along street frontages and along property perimeters which face residential uses and zoning districts; 6. outdoor work can only be performed from 8:00 a.m. to 5:00 p.m. Monday through Friday and 8:30 a.m. to 4:00 p.m. Saturday; and 7. if the auto repair facility is located directly adjacent to or across an alley from a residential use, no replacement of fluids or tire removal and replacement shall be conducted. The text language is contained in Attachment C.

Staff received alternative performance standards language from the auto repair industry. The auto repair industry proposes a third alternative for Council consideration regarding performance standards for outdoor repair. These performance standards are as follows: 1. the work is performed within a clearly marked area; 2. the work can only be performed within eighteen feet of a building; 3. the work does not involve the use of pneumatic tools or equipment; 4. the auto repair operation conforms to Santa Monica Municipal Code (SMMC) Section 9.04.10.02.310 with regard to sound and noise; 5. the outdoor work is performed from 8:00 a.m. to 5:00 p.m. Monday through Friday and from 8:30 a.m. to 4:00 p.m. Saturday; and 6. the existing repair shops and tire stores may use pneumatic tools outdoors only when working on or changing tires on trucks or recreational vehicles which are too large to be accommodated within existing buildings.

Though elements of the auto repair industry recommendations are similar to the performance based standards, staff has serious concerns about the noise provisions. and the use of pneumatic tools. Staff believes the performance standards proposed by the auto repair industry regarding noise and pneumatic tools would not effectively mitigate noise impacts on surrounding uses and would pose enforcement problems. The staff recommended performance standards ensure that no noise is audible beyond the property boundaries. In addition, staff does not support any outdoor use of pneumatic tools. The outdoor use of pneumatic tools is the source of a significant number of the noise complaints by nearby residents regarding auto repair facilities. Even allowing the use of these tools on a limited basis would likely continue the impacts to and complaints from nearby land uses. Therefore, staff cannot recommend that the use of pneumatic tools outdoors be permitted.

In the M1 Industrial Conservation district, automobile repair and automobile painting facilities that abut a residential district and use require a CUP. However, those facilities that do not abut a residential district and use are permitted and do not require a CUP. Similarly, in the LMSD Light Manufacturing and Studio district, automobile repair and automobile painting facilities that are within 100’ of a residential district require a CUP; all other such facilities are permitted and do not require a CUP. Therefore, those existing auto repair and painting facilities that do not abut a residential district and use in the M1 zoning district and are not within 100’ of a residential district in the LMSD district are not subject to the special conditions referenced above. All auto repair activities in the M1 and LMSD zoning districts must occur within an enclosed building and no outdoor repair work is permitted.

The City Council’s discussion did not focus on modifying the zoning ordinance requirements affecting these businesses. Although residential uses are not prevalent in these areas, limited residential uses such as artist studios and congregate housing are permitted in the M1 and LMSD zoning districts. Furthermore, existing auto repair facilities may adversely impact the commercial and industrial land uses in the area.

Staff believes that the Council has four basic alternatives should it wish to address this issue through a future text amendment:

Require the enclosure of existing outdoor hoists, but do not require additional off-street parking spaces for the enclosure;

Require compliance with all the existing special conditions and development standards for these auto repair businesses;

Require the same special conditions for these businesses as recommended above for existing auto repair businesses;

Make no changes to existing provisions.

The Council may initiate a Resolution of Intention to direct the Planning Commission to initiate further Zoning Ordinance amendments to address these issues.

The text amendment contained in the proposed ordinance would have no significant effects on the environment as only minor amendments to existing land use regulations would result. Therefore, in accordance with Article 5, Section 15305 of the State of California CEQA Statutes and Guidelines, the proposed ordinance is exempt from the provisions of CEQA.

A display advertisement was published in The Argonaut at least ten consecutive calendar days prior to the hearing. In addition, notices were mailed to all auto repair facilities throughout the City, to persons expressing interest in issues related to auto repair activities, to neighborhood organizations and to persons who have expressed interest in City policy issues. A copy of the notice is contained in Attachment B.

The recommendation presented in this report does not have any budget or fiscal impact.

It is recommended that the Council conduct a public hearing and introduce for first reading the attached ordinance amending SMMC Section 9.04.02.030.315 and Section 9.04.14.050.

Prepared by: Suzanne Frick, Director

Jay M. Trevino, AICP, Planning Manager

Amanda Schachter, Acting Principal Planner

Paul Foley, Associate Planner, City Planning Division Planning and Community Development Department

Attachments: A. Proposed Ordinance

B. Public Notice

C. Performance Based Standards Regarding Outdoor Repair Activities at Existing Auto Repair Facilities - see below

PF

F:\PLAN\SHARE\COUNCIL\STRPT\autorepair.doc

November 18, 1999

ATTACHMENT C

Performance Based Standards Regarding Outdoor Repair Activities

at Existing Auto Repair Facilities

(j) Repair Activities. Except as provided in this subsection, all repair activities and operations shall be conducted entirely within an enclosed building. Outdoor hoists are prohibited. Work activities may be conducted outdoors on the premises of automobile repair facilities lawfully in existence prior to September, 1988, provided the following conditions are met: 1. the work is performed within twenty feet of an existing building; 2. the work is performed entirely within a clearly marked area not to exceed four-hundred (400) square feet; 3. the work does not involve the use of pneumatic tools; 4. the work is not audible beyond the property boundaries; 5. screening consistent with Section 9.04.01.04.080 is provided along street frontages and along property perimeters which face residential uses and zoning districts; ; 6. outdoor work can only be performed from 8:00 a.m. to 5:00 p.m. Monday through Friday and 8:30 a.m. to 4:00 p.m. Saturday; and 7. if the auto repair facility is located directly adjacent to or across an alley from a residential use, no replacement of fluids or tire removal and replacement shall be conducted. Existing automobile repair facilities shall comply with this subsection within one year from the adoption of the ordinance codified in this Chapter. Ordinance Number 1452 (CCS).