Item 6-A
Council Mtg: August 12,
2003 Santa
Monica, California
TO: Mayor and City Council
FROM: City Staff
SUBJECT: Appeal
03APP-008 of the Planning Commission’s Denial of Zone Change 02-036, Text
Amendment 02-007, and Conditional Use Permit 02-009 to Rezone an OP2 Lot to an
OP2A Designation and to Amend Santa Monica Municipal Code Section
9.04.08.38.050 to Allow Canopy Structures, Temporary Parking and Wipe-down
Areas in Support of Existing Car Wash Operations in the “A” Overlay District,
Subject to a Conditional Use Permit. Applicant/Appellant: RTK Architects
INTRODUCTION
This report recommends that the City Council deny the
appeal and uphold the Planning Commission’s denial of Zone Change 02-036, Text
Amendment 02-007, and Conditional Use Permit 02-009. The Planning Commission, at its April 23, 2003 meeting, voted 5-0
to deny the project. The appeal
statement is contained in Attachment A and the Planning Commission staff report
is contained in Attachment B.
BACKGROUND
The applicant/appellant
proposes to re-zone an OP2 parcel to an OP2A designation and amend the
provisions of the “A” Overlay District to conditionally permit accessory
structures up to 14 feet in height and wipe-down areas in support of a car wash
operation. As proposed, this amendment would only apply to a car wash business
that is directly adjacent to an “A” zoned parcel and that has been in operation
for at least 15 years. A Conditional
Use Permit (CUP) is also requested to entitle the project, consistent with the
proposed text amendment, and is required for the proposed expansion and
intensification of a legal non-conforming use. The CUP is required for the main
car wash operation and would also apply to the OP2A lot, if the project were
approved.
The Planning Commission at
its April 23, 2003 meeting denied these requests. On May 7, 2003, the
applicant appealed the Planning Commission’s decision. The appeal, included with this report as
Attachment A, is based on the contention that the proposed project does not
result in an intensification of use, and that the proposed canopy structure be
approved. Despite requests for project
plans, the applicant failed to provide plans for the Planning Commission and no
plans or additional information was provided for the City Council’s review.
DISCUSSION
Project Description
The project involves applications to expand a legal
non-conforming car wash to allow parking and vehicle wipe-down services under
an accessory canopy structure on a residentially zoned, OP2 lot. The project includes applications for a zone
change, text amendment, and conditional use permit.
Planning Commission Action
The Planning Commission’s
determination to deny the project was based on the anticipated impacts that
would result from increased vehicular activity and support operations on the
residential lot and the project’s inconsistency with the General Plan.
Specifically, the Planning Commission believed that the proposed commercial
expansion into the residential neighborhood and intensification of use would
impair the integrity of the surrounding neighborhood. The surrounding
neighborhood consists of modest single and multi-family residences with minimal
commercial intrusions from nearby Lincoln Boulevard. It was believed that the
proposed project would further expand commercial operations westerly toward the
residential neighborhood causing disruptions to the quality of life and
neighborhood integrity. Anticipated disruptions include increased vehicular
traffic and noise associated with active vehicle cleaning on a parcel that has
historically been used as a passive parking lot and is residentially zoned.
Noise from car alarms, the multiple closing of car doors, horns and employees
yelling to attract customer attention are activities and noises that would
frequently be generated on site.
The
Planning Commission also cited inconsistencies with the General Plan.
Specifically, Land Use Policy 1.2.2 which states, “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”. Further, the Planning Commission cited an
inconsistency with Land Use Objective 1.1, which seeks to protect the quality
of life in all residential neighborhoods. The Planning Commission believed that
the project did not provide a proper transition between the commercial and
residential land uses and that increased activity on the OP2 lot was an
unnecessary intrusion that would undermine the character and enjoyment of the
residential district.
Appeal Analysis
The subject car wash is a legal non-conforming use
since it does not possess a CUP, which is now required for the use, and fails
to meet certain property development standards such as landscaping, access and
circulation. The car wash has
historically used the adjacent residential lot (OP2) as a ten-space parking
lot, which is also a legal non-conforming use of that parcel. As such, the OP2
lot has been and may continue to be used as a ten-space parking lot in support
of the adjacent car wash business, subject to the nonconforming use provisions
of the Municipal Code.
The applicant proposes to expand the car wash
operation to include wipe-down activity on the OP2 parcel, and requests that an
existing canopy to shelter cars and employees be authorized.
Consistent with SMMC Section 9.04.18.030 (e), staff
believes the proposed project is a change to the existing character of
operation. Specifically, the request to change the use of the OP2 lot from a
passive vehicle parking area to a use that will involve employee activity,
vehicle drying and detailing, represents an intensification and expansion of
use. The referenced code section states that a legal nonconforming use shall
not be permitted to change in mode or character of operation. A legal
nonconforming use may intensify and expand provided the use is made to conform
with all applicable regulations, including approval of necessary land use
entitlements. As an expansion and intensification of use, the entire site must
be made to conform to appropriate development standards and obtain CUP
approval. The applicant filed all necessary applications to expand the car wash
operation with the intent to bring the site into compliance with applicable
codes, however, as previously noted, there remains outstanding compliance with
some development standards.
The appellant challenges the Planning Commission and
staff’s determination that the project represents an intensification of use.
The appellant believes the request to construct a canopy on the OP2 lot is not
an intensification of use and, provided it complies with applicable development
standards, that it should be permitted on the site. This statement, however,
mistakenly focuses the appeal on the construction of the canopy and not the
applicant’s request to provide car wash support activity, the proposed vehicle
wipe-down area, on the OP2 parcel . Moreover, the appeal does not address the
larger issues expressed by the Planning Commission concerning the anticipated
impacts to area residents and the appropriateness of the proposed text
amendment.
As specifically stated in the project application, it
is the appellant’s intent to use the OP2 lot as a vehicle wipe down area. This action
represents an expansion and intensification of use because it would extend
commercial operations to the residential lot and significantly change the mode
and character of operation of the existing car wash use. The project does not
include adequate protections to preserve the quality of life for area residents
and incorporates a text amendment that specifically allows commercial activity
on a residentially zoned parcel. Although the OP2 lot is legally allowed to
have cars parked on the lot in support of the car wash, it was never
anticipated or authorized that the car wash operation would expand to the
adjacent residential parcel. Allowing
wipe-down activities to shift to this location would result in unnecessary
impacts to immediate residential properties and the neighborhood in
general.
CEQA ANALYSIS
The project is exempt from the provisions of the
California Environmental Quality Act (CEQA), pursuant to Section 15601 (b) (4)
of the State Implementation Guidelines in that environmental review is not
required for projects that will be rejected or disapproved by a public agency.
Should the City Council determine
that the project merits approval, an assessment of project-related impacts to
the environment would be necessary prior to final action.
PUBLIC NOTIFICATION
Pursuant to Municipal Code Section
9.04.20.22.050, notice of the public hearing was mailed to all owners and
residential and commercial tenants of property located within a 500-foot radius
of the project at least ten consecutive calendar days prior to the
hearing. A copy of the notice is
contained in Attachment D.
BUDGET/FINANCIAL IMPACT
The recommendation presented in this
report does not have any budget or fiscal impact.
CONCLUSION
The proposed project is not
consistent with the goals and objectives of the General Plan or the intent of
the Zoning Ordinance. Specifically,
permitting the car wash to expand further into the residential neighborhood is
not consistent with General Land Use Policy 1.2.2 or Objective 1.1. The impacts associated with the intrusion
into the residential neighborhood would impair the integrity of the residential
neighborhood and, therefore, does not warrant a recommendation of approval.
RECOMMENDATION
It is recommended that
the City Council deny the appeal and uphold the Planning Commission’s decision
to deny Zone Change 02-036, Text Amendment 02-007, and Conditional Use Permit
02-009 to rezone an OP2 lot to an OP2A designation and to amend Santa Monica
Municipal Code Section 9.04.08.38.050 to allow canopy structures, temporary
parking and wipe-down areas in support of existing car wash operations in the
“A” overlay district, subject to a Conditional Use Permit, based upon the
following findings:
FINDINGS
ZONE
CHANGE FINDINGS
1. The
proposed zone change is not consistent in principle with the goals, objectives,
policies, land uses, and programs specified in the adopted General Plan in that
the proposed use of the OP2 lot, along with the proposed applications to allow
for such use, conflicts with City-wide objectives and policies established in
the Land Use and Circulation Element.
Specifically, Objective 1.2 which is to ensure compatibility of adjacent
land uses, with particular concern for protecting residential neighborhoods and
Policy 1.2.2 which states, “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”. Furthermore, the rezoning of the OP2 parcel to an OP2A
designation would not be consistent with the City-wide Objectives, specifically
1.1 that seeks to protect the quality of life in all residential neighborhoods
in that the rezoning along with the proposed text amendment would allow
expanded auto related commercial activities directly adjacent to residential
neighborhoods. Anticipated impacts include increased vehicular traffic and
noise associated with active vehicle cleaning on a parcel that has historically
been used as a passive parking lot and is residentially zoned. Noise from car
alarms, the multiple closing of car doors, horns and employees yelling to
attract customer attention are activities and noises that would frequently be
generated on site.
2. The
public health, safety, and general welfare does not require the adoption of the
proposed zone change in that the proposed zone change would extend commercial
use of land further into a residential neighborhood thereby creating a
situation where residential uses would be further impacted by noise, negative
aesthetics, minimal setbacks, and lack of transition. This action would be counter to Land Use Policy 1.2.2 which
states, “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”.
TEXT AMENDMENT FINDINGS
1. The
proposed text amendment is not consistent in principle with the goals,
objectives, policies, land uses, and programs specified in the adopted General
Plan in that the proposed use of the OP2 lot, along with the proposed
applications to allow for such usage, is counter to the City-wide Objectives
and policies established in the Land Use and Circulation Element. Specifically, objective 1.2 which is to
ensure compatibility of adjacent land uses, with particular concern for
protecting residential neighborhoods and Policy 1.2.2 which states, “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”. Furthermore, the proposed
text amendment would not be consistent with the City-wide Objectives,
specifically 1.1 that seeks to protect the quality of life in all residential
neighborhoods in that the proposed text amendment would allow expanded auto
related commercial activities directly adjacent to residential neighborhoods.
2. The
public health, safety, and general welfare does not require the adoption of the
proposed text amendment in that the proposed text amendment would extend
commercial use of land further into a residential neighborhood thereby creating
a situation where residential uses would be further impacted by noise, negative
aesthetics, minimal setbacks, and lack of transition. This action would be counter to Land Use Policy 1.2.2 which
states, “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”.
CONDITIONAL
USE PERMIT FINDINGS
1. The proposed use is
not conditionally permitted within the subject district and does not comply
with all of the applicable provisions of the City of Santa Monica Comprehensive
Land Use and Zoning Ordinance. Specifically, the requested expansion and
intensification of the existing legal nonconforming car wash use requires a
Conditional Use Permit for the entire site, pursuant to the standards contained
in the nonconforming chapter of the Zoning Ordinance. However, the requested
expansion to the adjacent OP2 lot is not a permitted use in this residential
district. The applicant filed a Zone Change and Zoning Ordinance Text Amendment
to allow commercial use of the residential property, subject to a Conditional
Use Permit. The City Council, in its review of the proposed text amendment and
zone change, denied this request based upon the detrimental impacts it would
cause to the adjoining residential neighborhood and inconsistency with the
General Plan. Therefore, the request for a Conditional Use Permit must be
denied.
Prepared by: Suzanne
Frick, Director
Jay
M. Trevino, AICP, Planning Manager
Amanda
Schachter, Principal Planner
Jonathan
R. Lait, AICP, Senior Planner
Bradley
J. Misner, AICP, Associate Planner
City
Planning Division Planning and Community
Development Department
Attachments: A. Appeal Statement
B. Planning Commission staff report dated April 23, 2003
C. Planning Commission Statement of Official Action, dated April 23, 2003
D. Public Notice
E.
Planning
Commission Minutes
ATTACHMENT A
APPEAL STATEMENT
Electronic
version of attachment is not available for review. Document is available for review at the City Clerk’s Office and
the Libraries.
ATTACHMENT B
PLANNING COMMISSION STAFF REPORT DATED APRIL 23, 2003
CP:JT:AS:JL:BM:f:\plan\share\pc\strpt\02\02TA007.doc Santa Monica, California
Planning
Commission Mtg: April 23, 2003
TO: The Honorable Planning Commission
FROM: Planning Staff
SUBJECT: Zone Change
(02-036), Text Amendment (02-007), and Conditional Use Permit (02-009)
Address: 2800
Lincoln Boulevard
Applicant: RTK Architects
INTRODUCTION
Action:
Applications for a Zone Change, Text Amendment, and a Conditional Use Permit to
rezone an OP2 lot to an OP2A designation and to amend the conditionally
permitted uses section of the “A” overlay district to allow canopy structures,
temporary parking and wipe-down areas in support of a car wash operation.
Recommendation: Deny based on findings.
Permit
Streamlining Expiration Date:
Not applicable to projects that involve legislative action.
SITE
LOCATION AND DESCRIPTION
The property upon which the car wash operation is located,
consists of 21,650 square foot and is located on the west side of Lincoln
Boulevard between Ashland Avenue and Raymond Avenue having approximately 211.46
feet of street frontage along Lincoln, 102.88 feet of frontage along Ashland
Avenue, and 70.31 feet along Raymond Avenue.
Surrounding uses consist of commercial uses in the C4 district to the
north and south, a mix of residential and commercial uses in the C4 district to
the east, and residential uses in the OP2 district to the west. Existing on-site uses include the car wash
structure, which totals approximately 3,928 square feet.
Zoning District: C4 (Highway Commercial District)
and OP2 (Ocean Park Low Density Multi-family Residential)
Land Use District: Service and Specialty Commercial and Low
Density Housing
Parcel Area: 21,650 square feet for the
parcels located in the C4 district
5,650 square feet for the parcel located in
the OP2 district
PROJECT
DESCRIPTION
The
proposed project involves the following requests:
- Zone Change
application to re-zone an OP2 parcel to an OP2-A parcel. This action would allow the parcel to
be zoned as a parking overlay parcel rather than strictly a residentially
zoned parcel;
- Text Amendment
application to change the provisions of the “A” Overlay District to allow:
1) temporary parking and wipe-down areas in support of a car wash
operation if the car wash is directly adjacent to an “A” zoned parcel and
the car wash has been in operation for at least 15 years, and 2) to allow
canopy structures (not to exceed 14 feet in height) used to protect/shield
any temporary parking/wipe-down area in support of an existing car
wash. Both uses would be subject
to the approval of a Conditional Use Permit;
- Conditional Use Permit
application to authorize temporary parking of wipe-down areas and canopies
and to change car wash from a nonconforming use to a conforming use.
Note: Applicant failed to provide project plans and
other application materials as requested by staff for Planning Commission
review.
MUNICIPAL
CODE AND GENERAL PLAN CONFORMANCE
The
subject property is nonconforming with respect to several aspects of the
Municipal Code and General Plan. The applicant has submitted the subject
applications as a means to remedy these nonconforming conditions.
CEQA
STATUS
The project is exempt
from the provisions of the California Environmental Quality Act (CEQA),
pursuant to Section 15061 (b) (4) of the State Implementation Guidelines in
that environmental review is not required for projects that will be rejected or
disapproved by a public agency.
Should the Planning Commission determine that the project merits approval, an assessment of project-related impacts to the environment would be necessary prior to final action.
HISTORIC
RESOURCES INVENTORY STATUS
The
existing building on the project site is not identified on the Historic
Resources Inventory and is not proposed for demolition.
RENT
CONTROL STATUS
Exempt; commercial
property
FEES
The
project is not subject to any special City Planning related fees.
PUBLIC
NOTIFICATION
Pursuant to Municipal Code Section 9.04.20.20.080 and in accordance with the posting requirements set forth by the Zoning Administrator, the applicant posted a sign on the property regarding the subject application prior to application filing. At least eight (8) weeks prior to the public hearing date, the applicant is required to submit a photograph to verify the site posting and to demonstrate that the sign provides the following information: Project case number, brief project description, name and telephone number of applicant, site address, date, time and location of public hearing, and the City Planning Division phone number. The applicant has been advised of the site posting requirement by phone and in writing. As of the date of this report, the site continues to not be properly posted. The failure to post does not prevent the hearing from proceeding since the notice requirements of SMMC 9.04.20.20.050 have been met and staff recommends that the project be denied
In
addition, pursuant to Municipal Code Section 9.04.20.22.050, notice of the
public hearing was mailed to all owners and residential and commercial tenants
of property located within a 500 foot radius of the project and published in
the “California” Section of The Los Angeles Times at least ten
consecutive calendar days prior to the hearing. A copy of the notice is contained in Attachment C.
The
applicant was notified by phone on January 30, 2003 and by writing on February
3, 2003 and March 25, 2003 of the subject hearing date.
ANALYSIS
Background
Bonus Car Wash was established at the subject property in approximately 1972. The car wash operation occupies five parcels along Lincoln Boulevard between Ashland Avenue and Raymond Avenue. A ten-space parking lot, in support of the car wash, was established on a 50 x 113 foot parcel located directly adjacent (to the west) to the car wash property. This parcel, with 50 feet of frontage along Ashland Avenue, was established in the 1960s as a surface parking lot for the adjoining commercial use. At that time, automobile parking lots in multi-family residential districts were permitted, provided the parking lot served an adjacent business and did not extend into the residential district more than 150 feet. The parcel was zoned R2 and subsequently was re-zoned to OP2 in 1989 when the Ocean Park Zoning District was adopted.
Code Compliance
In July of 2001, the City received complaints about excessive noise being generated throughout the neighborhood by the car wash operation. Upon investigation, the City’s Code Enforcement Division discovered that a canopy structure, a mechanical equipment shed, portable storage containers, and an employee break area covering had been placed upon the parking lot in the OP2 zone without permits. They also determined that the canopy was being used to shelter cars while they were being vacuumed, wiped-down and detailed. Accordingly, two notice of violation orders were issued. Both orders, issued three weeks apart, directed the removal of the canopy and all portable storage containers, and the return of the OP2 lot to its original condition as a ten-space parking lot. Because the applicant did not voluntarily comply with the notice of violation orders, nuisance abatement hearings were conducted on February 21, 2002 and March 6, 2002. The Nuisance Abatement Board determined the operation of the car wash constituted a nuisance and ordered its abatement. Among other actions, the Nuisance Abatement Board ordered the property owner to obtain City approval or remove the outdoor storage container, canopy/ lean-to, and small shed located on the OP2 parcel. A copy of the Resolution Declaring a Public Nuisance is included with this report as Attachment A. The Nuisance Abatement action is currently subject to litigation.
In
accordance with the nuisance abatement order, the applications now being
considered by the Planning Commission were filed to legalize the existing
conditions.
Neighborhood Compatibility
The
neighborhood in the general vicinity consists of commercial uses fronting on
Lincoln Boulevard with single and multi-family uses to the west and east of the
commercial zoned parcels. Due to the historic use of the subject property, one
50' x 110' residential parcel is used to support parking for the existing car
wash. This is a legal nonconforming condition. However, while previously used
as off-street parking, the site has also been illegally converted into a
wipe-down and detailing area, and has served as an employee break area. This
expansion of the commercial use to the residential property expands the
operational boundaries of the site and results in significant adverse impacts
to the neighborhood. Area residents
have complained of significant noise being generated at the site. Specifically, noise in the form of car
alarms, vacuum and wax/buffing machines, and employees yelling has contributed
to these complaints.
While these are typical characteristics of car washing facilities, it was never anticipated or authorized that the car wash operation would expand to the adjacent residential parcel. Such expansion has a direct adverse impact on the immediate residential property and generally negatively impairs the character of the Ocean Park district. The intensity of uses and encroachment into the residential neighborhood does not serve to protect or maintain the residential neighborhood, does not minimize traffic hazards on residential streets, or keep adjacent uses free from disturbing noise.
Zoning Ordinance and General Plan
Review
Bonus Car Wash is considered a legal non-conforming use since its establishment predates current regulations that require conditional use permit approval. Legal non-conforming uses cannot change in mode or character of operation, or expand unless such changes are in accordance with code requirements. The filing of the aforementioned applications to legalize the current conditions of the OP2 zone would constitute a change in mode and character of operation of the car wash in that the commercial activities would be expanded (i.e. wipe down, vacuuming, detailing). Therefore, approval of a CUP for the car wash operation is required. Pursuant to SMMC Section 9.04.14.130, car wash operations that require a CUP must comply with special standards designed to help ensure they operate in a harmonious manner with the neighborhood. As submitted for the Planning Commission’s review, the plans do not comply with these special standards, including landscaping, access and circulation, and location of activities such as vacuuming.
In
addition to non-compliance with special development standards, the proposed use
of the OP2 lot, along with the proposed applications to allow the lot to be
used in support of the existing car-wash, is counter to the City-wide
objectives and policies established in the Land Use Element of the General
Plan. Specifically, Objective 1.1 aims
to protect the quality of life in all residential districts and Objective 1.2
aims to ensure compatibility of adjacent land uses, with particular concern for
protecting residential neighborhoods.
Policy 1.2.2 states, surface parking lots zoned residential adjacent to
highway commercial corridors when redeveloped, should be reserved for
residential use or public open space.
Furthermore, the purpose of Policy 1.2.2 is to ensure that commercial
uses in residential zones should transition back to residential to preserve and
enhance residential neighborhoods and protect housing from commercial
intrusions. Accordingly, staff believes
the project is not consistent in principle with the goals, objectives, and
policies of the General Plan. Specifically,
the impacts of noise, insufficient landscaping, minimal setbacks, and the lack
of proper transition between commercial and residential land uses significantly
degrade the quality of life for nearby residents.
Zone Change/Text Amendment
The applicant proposes to add the following language to SMMC 9.04.08.38.050 pertaining to conditionally permitted uses in the A-Overlay district:
(e) Temporary parking and wipe-down area in support of a car wash operation if the following conditions are met:
1. The car wash is directly adjacent to the “A” lot.
2. The car wash is existing and has been in operation for at least 15 years.
(f) Canopy structure (not to exceed 14'-0" in height) used to protect / shield any temporary parking / wipe-down areas in support of an existing car-wash operation.
In addition to the text amendment, the applicant requests extending the A-overlay district to the subject OP2 parcel, making it an OP2-A parcel, and thus subject to the proposed text amendment.
A-overlay districts are intended to provide adequate parking facilities to support important commercial corridors, while ensuring the parking facility does not adversely impact the environment of nearby residents or diminish the integrity of the subject residential district in a manner inconsistent with the General Plan. The subject OP2 property is currently legal nonconforming with respect to its surface parking lot. The parcel is also illegally nonconforming with respect to the canopy structure, break area and the wipe-down/detailing activities, as noted above. It is these structures and activities that the applicant is attempting to legalize with the submitted applications. As previously stated, staff is concerned that proposed use of the residential parcel would adversely impact adjacent residents and is inconsistent with the General Plan. The proposed use of the parcel in a manner other than its historic use, parking, would result in deleterious impacts to adjacent residential property owners and impair the integrity of the Ocean Park district.
Conclusion
The
proposed project is not consistent with the goals and objectives of the General
Plan or the intent of the Zoning Ordinance and therefore does not warrant a
recommendation of approval.
ALTERNATIVES
Other than
the recommended action, the Planning Commission may:
1. Direct staff to prepare environmental
analysis in order to consider project approval;
2. Deny Zone Change (02-036), Text Amendment
(02-007), and Conditional Use Permit
(02-009) based upon revised findings and conditions;
3. Deny Zone
Change (02-036), Text Amendment (02-007), and approve Conditional Use Permit
(02-009) to establish the legal, conforming use based upon revised findings and
conditions.
RECOMMENDATION
It is
recommended that the Planning Commission deny the proposed Zone Change, Text
Amendment and Conditional Use Permit based on the following findings.
FINDINGS
ZONE CHANGE FINDINGS
1. The
proposed zone change is not consistent in principle with the goals, objectives,
policies, land uses, and programs specified in the adopted General Plan in that
the proposed use of the OP2 lot, along with the proposed applications to allow
for such use, conflicts with City-wide objectives and policies established in
the Land Use and Circulation Element.
Specifically, Objective 1.2 which is to ensure compatibility of adjacent
land uses, with particular concern for protecting residential neighborhoods and
Policy 1.2.2 which states, “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”. Furthermore, the rezoning of the OP2 parcel to an OP2A
designation would not be consistent with the City-wide Objectives, specifically
1.1 that seeks to protect the quality of life in all residential neighborhoods
in that the rezoning along with the proposed text amendment would allow
expanded auto related commercial activities directly adjacent to residential
neighborhoods.
2. The
public health, safety, and general welfare does not require the adoption of the
proposed zone change in that the proposed zone change would extend commercial
use of land further into a residential neighborhood thereby creating a
situation where residential uses would be further impacted by noise, negative
aesthetics, minimal setbacks, and lack of transition. This action would be counter to Land Use
Policy 1.2.2 which states, “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”.
TEXT AMENDMENT FINDINGS
1. The
proposed text amendment is not consistent in principle with the goals,
objectives, policies, land uses, and programs specified in the adopted General
Plan in that the proposed use of the OP2 lot, along with the proposed
applications to allow for such usage, is counter to the City-wide Objectives
and policies established in the Land Use and Circulation Element. Specifically, objective 1.2 which is to
ensure compatibility of adjacent land uses, with particular concern for
protecting residential neighborhoods and Policy 1.2.2 which states, “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”. Furthermore, the proposed
text amendment would not be consistent with the City-wide Objectives,
specifically 1.1 that seeks to protect the quality of life in all residential
neighborhoods in that the proposed text amendment would allow expanded auto
related commercial activities directly adjacent to residential neighborhoods.
2. The
public health, safety, and general welfare does not require the adoption of the
proposed text amendment in that the proposed text amendment would extend
commercial use of land further into a residential neighborhood thereby creating
a situation where residential uses would be further impacted by noise, negative
aesthetics, minimal setbacks, and lack of transition. This action would be counter to Land Use Policy 1.2.2 which
states, “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”.
CONDITIONAL
USE PERMIT FINDINGS
1. The proposed use is
not conditionally permitted within the subject district and does not comply
with all of the applicable provisions of the "City of Santa Monica
Comprehensive Land Use and Zoning Ordinance", in that the OP2 zone does
not allow auto washing uses and would require a Zone Change and Zoning Ordinance
Text Amendment to allow them subject to a Conditional Use Permit and that the
car wash site does not comply with the special standards for automobile car
washes.
Prepared by: Bradley
J. Misner, AICP, Associate Planner
Attachments:
A. Resolution
Declaring a Public Nuisance
B. Radius
and Location Map
C. Notice
of Public Hearing
BJM
F:\PLAN\SHARE\PC\STRPT\02\02TA007.doc
August 5, 2003
ATTACHMENT C
PLANNING COMMISSION STATEMENT OF OFFICIAL ACTION,
DATED APRIL 23, 2003
|
|
City of Santa Monica
City Planning Division
PLANNING COMMISSION
STATEMENT OF OFFICIAL ACTION
|
PROJECT CASE NUMBER: Zone Change 02-036, Text Amendment
02-007, and Conditional Use Permit 02-009 LOCATION: 2800 Lincoln Boulevard APPLICANT: RTK Architects Property Dipu
Haque Owner: CASE PLANNER: Bradley J. Misner, AICP, Associate Planner REQUEST: Applications for a Zone
Change, Text Amendment, and a Conditional Use Permit to rezone an OP2 lot to
an OP2-A designation and to amend the conditionally permitted uses section of
the “A” overlay district to allow canopy structures, temporary parking and
wipe-down areas in support of a car wash operation. CEQA
STATUS: The project is exempt from
the provisions of the California Environmental Quality Act (CEQA), pursuant
to Section 15601 (b) (4) of the State Implementation Guidelines in that
environmental review is not required for projects that will be rejected or
disapproved by a public agency. |
PLANNING
COMMISSION ACTION
4/23/03 Date.
Approved based on the following findings and subject to the conditions below
X Denied.
Other.
