Background

On September 3, 2003, the Planning Commission first considered the subject applications and Final Environmental Impact. While the EIR was certified at that hearing, the Commission postponed a decision on the discretionary entitlements and the Resolution adopting a Statement of Overriding Considerations and Mitigation Monitoring Plan. The applicant was asked to considered circulation alternatives to address large car carriers associated with automobile dealerships and increase landscaping adjacent to Olympic Boulevard to comply with the City’s Land Use Element of the General Plan.

The applicant presented the revised project at the December 17, 2003 the Planning Commission meeting. The Commissioners present at the meeting indicated general support of the project; however, they were unable to render a final decision because the attached Resolution was not properly noticed. As recommended, the Planning Commission conducted the hearing on the project and continued the matter so that the Resolution could be acted upon prior to rendering a decision on the proposed applications. Also, the Commission requested that the applicant study the landscaping and consider ways to improve the amount of vegetation at the corner of Olympic Boulevard and Centinela Avenue.

Analysis

Pursuant to the Planning Commission’s request, staff re-noticed the subject project for the next public hearing to include the requested entitlements and Resolution adopting a Statement of Overriding Considerations and Mitigation Monitoring Plan. An analysis of the project, including environmental review and reasons supporting the attached Resolution are provided in the prior Planning Commission staff reports, which are included with this report as Attachments C and D.

The Commission’s request concerning onsite landscaping at the corner of Olympic Boulevard and Centinela Avenue was not specifically addressed. This is in part due to the relatively short turn around between the last hearing and the subsequent packet delivery and holiday schedules. The applicant however, began studying the landscaping at the corner and has submitted existing site photographs of that portion of the parcel. These photographs are included with this report as Attachment E. Staff believes that the Architectural Review Board can effectively address this issue concerning the corner landscaping to ensure a ‘gateway’ approach to the City. Condition number 13 has been added to forward the Commission’s request to the Architectural Review Board.

Based on staff’s review of the project and prior Planning Commission consideration, staff recommends the Commission adopt the attached Resolution and approve the requested discretionary entitlements.

ALTERNATIVES

Other than the recommended action, the Planning Commission may:

A. Adopt the Statement of Overriding Considerations and Mitigation Monitoring Plan and Approve Development Review Permit (02DR-013), Conditional Use Permit (02CUP013), and/or Variance (02VAR022), based on revised findings and/or conditions.

B. Reject the Statement Overriding Considerations and Mitigation Monitoring Plan and Deny Development Review Permit (02DR-013), Conditional Use Permit (02CUP013), and/or Variance (02VAR022), based on revised findings.

RECOMMENDATION

It is recommended that the Planning Commission:

Adopt the Statement of Overriding Considerations and Mitigation Monitoring Plan and Approve Development Review Permit 02DR-013, Conditional Use Permit 02CUP013, and Variance 02VAR022, subject to conditions of approval and based on the following findings:

FINDINGS

DEVELOPMENT REVIEW FINDINGS

1. The physical location, size, massing, and placement of proposed structures on the site and the location of proposed uses within the project are compatible with and relate harmoniously to surrounding sites and neighborhoods. Specifically, the subject parcel is currently developed with a large 39,211 square foot structure measuring approximately 25 feet in height. The proposed building is two stories in height and extends to the maximum 30 foot height limit. While the structure contains greater floor area, much of this is dedicated to the attached two-story parking garage. Improvements in the general vicinity are comparably scaled and used for similar commercial and industrial uses. Further, as conditioned, the project will be setback to provide substantial landscaping along the Olympic Boulevard frontage, consistent with the other recent development in the area and Land Use Element Policies that require landscaping to enhance the aesthetic character of this major City boulevard.

2. The rights-of-way can accommodate autos and pedestrians, including parking and access. Specifically, adjacent right-of-ways consist of Olympic Boulevard at the north side of the parcel, and Centinela Avenue bordering the eastern property line. Both of these streets provide vehicular and pedestrian access to the subject property. The project has been designed to accommodate the code-required amount of parking, which is contained in the existing service repair building, at grade and within the proposed parking structure.

3. The health and safety services (police, fire, etc.) and public infrastructure (e.g. utilities) are sufficient to accommodate the new development. The subject property is located within an urbanized environment that is already adequately served by existing services and public infrastructure. There is no project component that would create an additional need for expanded or new services.

4. Any on-site provision of housing or parks and public open space, which are part of the required project mitigation measures required in Part 9.04.10.12 (Project Mitigation Measures) of the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, satisfactorily meet the goals of the mitigation program. No on-site provisions are required for this project. The Project Mitigation Measures section of the Zoning Ordinance requires new general office buildings in excess of 15,000 square feet to provide certain mitigation measures to off-set project related impacts. Since the project does not contain 15,000 square of general office space, it is not subject to this requirement.

5. The project is generally consistent with the Municipal Code and General Plan, in that the project, as conditioned, is consistent with applicable land use, property development standards and parking requirements. The project is also consistent with Land Use Objective 1.2, which seeks to ensure compatibility of adjacent land uses to the proposed use. The proposed commercial use is consistent with other area uses including a commercial storage facility, production studios and light industrial land uses. Moreover, the project provides a ‘campus’-like environment adjacent to Olympic Boulevard. This is achieved with a substantial building setback and the incorporation of landscaping between at grade parking and the Olympic Boulevard property line.

6. Reasonable mitigation measures have been included for all adverse impacts identified in the Initial Study or Environmental Impact Report. Specifically, an EIR was prepared for the subject project. The environmental analysis concluded that there were two mitigation measures that were necessary to address potential impacts related to construction related traffic impacts and hazardous materials. These mitigation measures are fully described in the EIR and have been incorporated as conditions of approval. Mitigation measures for three additional significant impacts were determined to be infeasible; therefore, a Statement of Overriding Considerations was adopted for the project on September 3,2003.

CONDITIONAL USE PERMIT FINDINGS

1. The proposed use is one conditionally permitted within the subject district and complies with all of the applicable provisions of the "City of Santa Monica Comprehensive Land Use and Zoning Ordinance". Specifically, the subject property is located in the Light Manufacturing and Studio District, which requires new automobile dealerships to obtain a conditional use permit. As approved, and conditioned, the project is in compliance with applicable property development standards.

2. The proposed use would not impair the integrity and character of the district in which it is to be established or located, in that the subject property is located within an industrial district, which encourages high intensity land uses. The surrounding properties are developed with light industrial uses, production studios, a commercial storage facility and general office space. The proposed automobile dealership is a conditionally permitted use in the district, complies with all applicable development standards and, as conditioned, will not impair the integrity or character of the district. Specifically, conditions of approval prohibit test-driving vehicles on residential streets, encourage employees to park on site, limit vehicle delivery hours, and mitigate noise with regulations regarding the location of repair work.

3. The subject parcel is physically suitable for the type of land use being proposed. The subject parcel is approximately 105,000 square feet in area and is currently developed with a 39,211 square foot service repair building and associated offices. The parcel has adequate vehicular and pedestrian access from two public rights-of-ways, is adequately served by existing infrastructure, and sufficient lot area that can accommodate the proposed parking structure and two story automobile dealership.

4. The proposed use is compatible with any of the land uses presently on the subject parcel if the present land uses are to remain. The existing land use on the subject property consists of an automobile service repair facility associated with Hornburg Jaguar. The proposed land use is a new automobile dealership that will be located directly west of the existing building. The automobile dealership is also associated with Hornburg Jaguar. Both uses are compatible automobile-related uses commonly located on the same property.

5. The proposed use would be compatible with existing and permissible land uses within the district and the general area in which the proposed use is to be located. Permitted land uses in the district consist of a mix of industrial and commercial businesses. Automobile dealerships are a conditionally permitted use in the district. The general area contains light industrial, commercial storage, production studio and general office uses. The proposed automobile dealership is comparable to the existing and permissible uses in the district and will not be detrimental to other land uses in the general vicinity. The development provides code required parking, accommodates significant queuing area for vehicles awaiting repairs, and is designed to allow for the on-site loading and off-loading of vehicles.

6. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety. The subject property is located within an urbanized environment that is adequately served by existing public services and infrastructure. No new services or infrastructure is required for the project, therefore, it is not anticipated that the project will be detrimental to the public health and safety.

7. Public access to the proposed use will be adequate. Specifically, Olympic Boulevard borders the parcel to the north and Centinela Avenue to the east. These streets provide adequate pedestrian and vehicular access to the site. Moreover, parking in the amount required by the Zoning Ordinance has been provided on-site.

8. The physical location or placement of the use on the site is compatible with and relates harmoniously to the surrounding neighborhood. The surrounding neighborhood consists of large parcel ownerships, similar to the subject site, and comparable industrial / commercial land uses. Specifically, light industrial, studio, commercial public storage and general offices are located in the general vicinity. The subject parcel also contains an existing automobile service repair building, which will remain. Therefore, it is anticipated that the proposed automobile dealership will relate harmoniously to the surrounding neighborhood.

9. The proposed use is consistent with the goals, objectives, and policies of the General Plan. Specifically, the proposed project is consistent with Land Use Element (LUE) Objective 1.2, and Policy 3.4.9 of the General Plan. LUE Objective 1.2 seeks to ensure proposed uses are compatible with adjacent land uses. Adjacent land uses consist of comparable light industrial and commercial uses; production studios, self-serve storage facilities and general office are the types of uses found in the general vicinity. LUE Policy 3.4.9 requires landscaped setbacks adjacent to Olympic Boulevard that create a ‘garden office’ or ‘campus’ like environment. The project includes substantial landscaping, consistent with General Plan objectives, adjacent to Olympic Boulevard.

10. The proposed use would not be detrimental to the public interest, health, safety, convenience, or general welfare. The proposed automobile dealership will be located on an industrially zoned parcel in an urbanized portion of the City. The subject parcel is adequately served by existing public services and infrastructure. The project has been evaluated for compliance with applicable land use and property development standards, and the proposed use is compatible with land uses in the general vicinity. Based on this review and with the proposed conditions of approval, it is not anticipated that the proposed project would result in impacts that are detrimental to the public interest, health, safety or general welfare.

11. The proposed use conforms precisely to the applicable performance standards contained in Subchapter 9.04.12 and special conditions outlined in Subchapter 9.04.14 of the City of Santa Monica Comprehensive Land Use and Zoning Ordinance. The subject project is subject to the special conditions outlined in Subchapter 9.04.14. The project has been reviewed for compliance with the conditions, and all referenced conditions have been incorporated with this approval.

12. The proposed use will not result in an overconcentration of such uses in the immediate vicinity, in that there are no automobile dealerships located in the immediate vicinity of the subject parcel.

VARIANCE FINDINGS

1. There are special circumstances or exceptional characteristics applicable to the property involved, including size, shape, topography, location, or surroundings, or to the intended use or development of the property that do not apply to other properties in the vicinity under an identical zoning classification. Specifically, the request to provide 14 required off-street parking spaces in a tandem configuration relates to the intended use of the property as an automobile dealership and repair facility. Based on the anticipated vehicle repair operation, customer access to all required off-street parking spaces is not necessary. Typical of such uses, employees of the facility will transport cars from a designated customer queuing area to the parking structure. The tandem configuration ensures efficient use of the parking area and will not be disruptive to customers or the proposed use. Moreover, 109 parking spaces will be directly available to employees and/or customers within the existing service repair building, at grade and within the subterranean portion of the parking structure.

2. The granting of such variance will not be detrimental nor injurious to the property or improvements in the general vicinity and district in which the property is located in that the variance request would allow 14 parking spaces to be used in a tandem configuration. All code required parking would be available on the premises. Access to the tandem parking is only available to employees of the facility, as these parking spaces will be used primarily to park vehicles that require repair. As designed, 109 parking spaces will be directly available to employees and/or customers within the existing service repair building, at grade and within the subterranean portion of the parking structure. Because the project provides the code-required parking and since a sufficient number of parking spaces will be directly accessible to employees and customers, it is not anticipated that the project would be detrimental or injurious to the property or improvements in the general vicinity and district.

3. The strict application of the provisions of this Chapter would result in practical difficulties or unnecessary hardships, not including economic difficulties or economic hardships. Specifically, not permitting the proposed tandem parking configuration would require a significant change to the proposed project, such that the demand for less parking would be required. Moreover, due to the location of existing improvements, the opportunity for providing additional off-street parking on the premises is limited.

4. The granting of a variance will not be contrary to or in conflict with the general purposes and intent of this Chapter, nor to the goals, objectives, and policies of the General Plan in that the project, as conditioned, is consistent with applicable land use, property development standards and parking requirements. Specifically, the project is consistent with Circulation Element Policy 4.7.3, which encourages the most efficient use of parking facilities, including provisions for tandem parking in conjunction with free valet service. While the proposed operation is not a traditional valet service, it essentially operates in a similar manner with employees retrieving cars for customers that are parked in areas not accessible to the customer.

5. The variance would not impair the integrity and character of the district in which it is to be located in that the subject property is located within an industrial district, which encourages high intensity land uses. The surrounding properties are developed with light industrial uses, production studios, a commercial storage facility, and general office space. The proposed automobile dealership is a conditionally permitted use in the district, complies with all applicable development standards and, as conditioned, will not impair the integrity or character of the district.

6. The subject site is physically suitable for the proposed variance in that the parcel has existing site improvements that restrict the property owner’s opportunity to provide parking for the proposed project in compliance with the strict standards of the Zoning Ordinance.

7. There are adequate provisions for water, sanitation, and public utilities and services to ensure that the proposed variance would not be detrimental to public health and safety in that the subject property is located within a developed urbanized environment that is adequately served by existing infrastructure, public utilities and services. It is not anticipated that approval of the subject application will create a need for additional utilities or services.

8. There will be adequate provisions for public access to serve the subject variance proposal. Specifically, Olympic Boulevard borders the parcel to the north and Centinela Avenue to the east. These streets provide adequate pedestrian and vehicular access to the site. Moreover, parking in the amount required by the Zoning Ordinance has been provided on-site.

9. The strict application of the provisions of this Chapter would result in unreasonable deprivation of the use or enjoyment of the property in that due to existing parcel constraints, the location of existing improvements, and/or the placement of adjacent uses, practical use or enjoyment of the subject parcel would not be possible.

CONDITIONS

Plans

1. This approval is for those plans dated November 12, 2003, a copy of which shall be maintained in the files of the City Planning Division. Project development shall be consistent with such plans, except as otherwise specified in these conditions of approval.

2. The Plans shall comply with all other provisions of Chapter 1, Article IX of the Municipal Code, (Zoning Ordinance) and all other pertinent ordinances and General Plan policies of the City of Santa Monica.

3. Final parking lot layout and specifications shall be subject to the review and approval of the Transportation Management Division.

4. Minor amendments to the plans shall be subject to approval by the Director of Planning. A significant change in the approved concept shall be subject to Planning Commission Review. Construction shall be in conformance with the plans submitted or as modified by the Planning Commission, Architectural Review Board or Director of Planning.

Architectural Review Board

5. Prior to consideration of the project by the Architectural Review Board, the applicant shall review disabled access requirements with the Building and Safety Division and make any necessary changes in the project design to achieve compliance with such requirements. The Architectural Review Board, in its review, shall pay particular attention to the aesthetic, landscaping, and setback impacts of any ramps or other features necessitated by accessibility requirements.

6. Prior to submittal of landscape plans for Architectural Review Board approval, the applicant shall contact the Department of Environmental and Public Works Management regarding urban runoff plans and calculations.

7. Construction period signage shall be subject to the approval of the Architectural Review Board.

8. Plans for final design, landscaping, screening, trash enclosures, and signage shall be subject to review and approval by the Architectural Review Board.

9. The Architectural Review Board, in its review, shall pay particular attention to the project's pedestrian orientation and amenities; scale and articulation of design elements; exterior colors, textures and materials; window treatment; glazing; and landscaping.

10. As appropriate, the Architectural Review Board shall require the use of anti-graffiti materials on surfaces likely to attract graffiti.

11. Landscaping plans shall comply with Subchapter 5B (Landscaping Standards) of the zoning ordinance including use of water-conserving landscaping materials, landscape maintenance and other standards contained in the Subchapter.

12. Refuse areas, storage areas and mechanical equipment shall screened in accordance with SMMC Section 9.04.10.02.130-9.04.10.02.150. Refuse areas shall be of a size adequate to meet on-site need, including recycling. The Architectural Review Board in its review shall pay particular attention to the screening of such areas and equipment. Any rooftop mechanical equipment shall be minimized in height and area, and shall be located in such a way as to minimize noise and visual impacts to surrounding properties. Unless otherwise approved by the Architectural Review Board, rooftop mechanical equipment shall be located at least five feet from the edge of the roof.

13. The Architectural Review Board shall pay particular attention to the landscaping at the northeast corner of the property adjacent to Olympic Boulevard and Centinela Avenue to ensure the amount of landscaping is sufficient to create a ‘gateway’ presentation into the City of Santa Monica.

Demolition

14. Until such time as the demolition is undertaken, and unless the structure is currently in use, the existing structure shall be maintained and secured by boarding up all openings, erecting a security fence, and removing all debris, bushes and planting that inhibit the easy surveillance of the property to the satisfaction of the Building and Safety Officer and the Fire Department. Any landscaping material remaining shall be watered and maintained until demolition occurs.

15. Street trees shall be maintained, relocated or provided as required in a manner consistent with the City’s Community Forest Management Plan 2000, per the specifications of the Open Space Management Division of the Community and Cultural Services Department and the City’s Tree Code (SMMC Section 7.40). No street trees shall be removed without the approval of the Open Space Management Division.

16. Immediately after demolition (and during construction), a security fence, the height of which shall be the maximum permitted by the Zoning Ordinance, shall be maintained around the perimeter of the lot. The lot shall be kept clear of all trash, weeds, etc.

17. Prior to issuance of a demolition permit, applicant shall prepare for Building Division approval a rodent and pest control plan to ensure that demolition and construction activities at the site do not create pest control impacts on the project neighborhood.

18. No demolition of buildings or structures 40 years of age or older shall be permitted until the end of a 60-day review period by the Landmarks Commission to determine whether an application for landmark designation shall be filed. If an application for landmark designation is filed, no demolition shall be approved until a final determination is made by the Landmarks Commission on the application.

19. Prior to issuance of any demolition permits, a demolition materials recycling plan shall be filed for approval by the Department of Environmental and Public Works Management which seeks to maximize the reuse/recycling of existing building materials.

20. The applicant shall submit a report from an industrial hygienist to be reviewed and approved as to content and form by the Environmental and Public Works Management/Environmental Programs Division. The report shall consist of a hazardous materials survey for the structure proposed for demolition. The report shall include a section on asbestos and in accordance with the South Coast AQMD Rule 1403, the asbestos survey shall be performed by a state Certified Asbestos Consultant (CAC). The report shall include a section on lead, which shall be performed by a state Certified Lead Inspector/Assessor. Additional hazardous materials to be considered by the industrial hygienist shall include: mercury (in thermostats, switches, fluorescent light); polychlorinated biphenyls (PCBs) (including light Ballast), and fuels, pesticides, and batteries.

Construction

21. Unless otherwise approved by the Department of Environmental and Public Works Management, all sidewalks shall be kept clear and passable during the grading and construction phase of the project.

22. Sidewalks, curbs, gutters, paving and driveways which need replacing or removal as a result of the project as determined by the Department of Environmental and Public Works Management shall be reconstructed to the satisfaction of the Department of Environmental and Public Works Management. Approval for this work shall be obtained from the Department of Environmental and Public Works management prior to issuance of the building permits.

23. Vehicles hauling dirt or other construction debris from the site shall cover any open load with a tarpaulin or other secure covering to minimize dust emissions. Immediately after commencing dirt removal from the site, the general contractor shall provide the City of Santa Monica with written certification that all trucks leaving the site are covered in accordance with this condition of approval.

24. A construction period mitigation plan shall be prepared by the applicant for approval by the Department of Environmental and Public Works Management prior to issuance of a building permit. The approved mitigation plan shall be posted on the construction site for the duration of the project construction and shall be produced upon request. As applicable, this plan shall 1) Specify the names, addresses, telephone numbers and business license numbers of all contractors and subcontractors as well as the developer and architect; 2) Describe how demolition of any existing structures is to be accomplished; 3) Indicate where any cranes are to be located for erection/construction; 4) Describe how much of the public street, alleyway, or sidewalk is proposed to be used in conjunction with construction; 5) Set forth the extent and nature of any pile-driving operations; 6) Describe the length and number of any tiebacks which must extend under the property of other persons; 7) Specify the nature and extent of any dewatering and its effect on any adjacent buildings; 8) Describe anticipated construction-related truck routes, number of truck trips, hours of hauling and parking location; 9) Specify the nature and extent of any helicopter hauling; 10) State whether any construction activity beyond normally permitted hours is proposed; 11) Describe any proposed construction noise mitigation measures; 12) Describe construction-period security measures including any fencing, lighting, and security personnel; 13) Provide a drainage plan; 14) Provide a construction-period parking plan which shall minimize use of public streets for parking; 15) List a designated on-site construction manager; 16) Provide a construction materials recycling plan which seeks to maximize the reuse/recycling of construction waste; 17) Provide a plan regarding use of recycled and low-environmental-impact materials in building construction; 18) provide a construction period water runoff control plan.

25. A sign shall be posted on the property in a manner consistent with the public hearing sign requirements. The sign shall identify the address and phone number of the owner and/or applicant for the purposes of responding to questions and complaints during the construction period. The sign shall also indicate the hours of permissible construction work.

26. The property owner shall ensure any graffiti on the site is promptly removed through compliance with the City's graffiti removal program.

27. A copy of these conditions shall be posted in an easily visible and accessible location at all times during construction at the project site. The pages shall be laminated or otherwise protected to ensure durability of the copy.

Environmental Mitigation

28. Ultra-low flow plumbing fixtures are required on all new development and remodeling where plumbing is to be added. (Maximum 1.6 gallon toilets and 1.0 gallon urinals and low flow shower head.)

29. To mitigate solid waste impacts, prior to issuance of a Certificate of Occupancy, project owner shall submit a recycling plan to the Department of Environmental and Public Works Management for its approval. The recycling plan shall include 1) list of materials such as white paper, computer paper, metal cans, and glass to be recycled; 2) location of recycling bins; 3) designated recycling coordinator; 4) nature and extent of internal and external pick-up service; 5) pick-up schedule; 6) plan to inform tenants/ occupants of service.

30. To mitigate storm water and surface runoff from the project site, an Urban Runoff Mitigation Plan may be required by the Department of Environmental and Public Works Management (EPWM) pursuant to Municipal Code Chapter 7.10. Applicant shall contact EPWM to determine applicable requirements, which include the following:

· Non-stormwater runoff, sediment and construction waste from the construction site and parking areas is prohibited from leaving the site;

· An sediments or materials which are tracked off-site must be removed the same day they are tracked off-site;

· Excavated soil must be located on the site and soil piles should be covered and otherwise protected so that sediments do not go into the street or adjoining properties;

· Washing of construction or other vehicles shall be allowed adjacent to a construction site. No runoff from washing vehicles on a construction site shall be allowed to leave the site;

· Drainage controls may be required depending on the extent of grading and topography of the site.

· New development is required to reduce projected runoff pollution by at least twenty percent through incorporation of design elements or principles, such as increasing permeable surfaces, diverting or catching runoff via swales, berms, and the like; orientation of drain gutters towards permeable areas; modification of grades; use of retention structures and other methods.

31. Pursuant to Mitigation Measure 4.5-1, the applicant/contractor shall prepare and implement a Construction Impact Mitigation Plan, prior to issuance of a building permit, to adequately manage traffic during construction. This plan shall be subject to review and approval by the City and, at a minimum, shall include the following:

· A public information program to advise motorists of impending construction activities (e.g., media coverage, portable message signs, and information signs at the construction site)

· Approval from the City and all other affected agencies for any construction detours or construction work requiring encroachment into public rights-of-way or any other street use activity (e.g., haul routes)

· Timely notification of construction schedules to all affected agencies (e.g., Police Department, Fire Department, Department of Public Works, Department of Planning and Community Development, transit agencies)

· Coordination of construction work with affected agencies five to ten days prior to start of work

· A traffic control plan for the streets surrounding the work area, which includes specific information regarding the project’s construction and activities that will disrupt normal traffic flow

· Prohibition of dirt and demolition material hauling and construction material delivery during the morning and afternoon peak traffic periods and cleaning of streets and equipment as necessary

· Scheduling and expediting of work to cause the least amount of disruption and interference to the adjacent vehicular and pedestrian traffic flow; it is recommended that all weekday daytime work on City streets be performed between the hours of 9:00 a.m. and 3:00 p.m.

· Limiting the queuing of trucks to on-site and prohibition of truck queuing on area roadways

· Scheduling of pre-construction meetings with affected agencies to properly plan methods of controlling traffic through work areas

· Storage of construction material and equipment within the designated work area and limitation of equipment and material visibility to the public

· Provision of off-street parking to construction employees, including use of a remote location with shuttle transport to the site, if determined necessary by the City of Santa Monica

32. Pursuant to Mitigation Measure 4.7-1, in the event that previously unknown soil or groundwater contamination is encountered during construction, construction activities shall immediately stop, and appropriate health and safety procedures shall be implemented. Where site contamination is identified, an appropriate remediation strategy (i.e., a Health and Safety Plan that meets OSHA requirements) approved by the City, and DTSC and the Los Angeles RWQCB, as required, shall be implemented. Qualified and licensed professionals shall perform the remediation activities and all work shall be performed under the supervision of the City of Santa Monica Environmental Programs Division.

Special Auto Dealer / Auto Repair Conditions

33. Employee and customer parking shall be provided at no charge. Areas designated for employee and customer parking shall not be used for vehicle storage or display.

34. The loading and unloading of vehicles from a car carrier and the parking of a car carrier on site shall be permitted between 8:00 AM and 11:00 AM, Monday through Saturday, only in the designated loading zone adjacent to the showroom. No vehicle loading or unloading shall occur on Sundays or legal holidays.

35. Directional signage, consistent with provisions set forth in the Sign Code, shall be provided directing customers to surface and subterranean parking and the service area. Signs and surface paint shall be used to delineate the loading/unloading area from large vehicle carriers.

36. All loading and unloading of vehicles shall occur on the subject property. Off-site locations may be used, subject to the approval of the Transportation Management Division. The loading and unloading of vehicles shall not block the ingress or egress of any property. Use of the pubic right-of-way shall be prohibited, except when transferring vehicles from an approved off-site location.

37. Adequate on-site queuing 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.

38. Test-driving shall not be done on residential streets or alleys. Streets that are designated by the City as major collector streets shall be permissible areas for test-driving. The dealership operator shall inform all its personnel of this requirement and ensure compliance. Prior to the issuance of a Certificate of Occupancy, the operator shall submit a test-driving plan for new and repaired vehicles, subject to the review and approval by the Transportation Management Division.

39. There shall be no outdoor loud speakers. Interior loudspeakers, bells, gongs, buzzers, or other noise attention or attracting devices shall not exceed forty-five decibels beyond the property boundaries.

40. All noise-generating equipment exposed to the exterior shall be muffled with sound absorbing materials to minimize noise impacts on adjacent properties and shall not be operated before 8:00 AM or after 6:00 PM.

41. There shall be full compliance with the terms and conditions of all City laws relating to the storage and disposal of toxic chemicals and hazardous wastes.

42. The site shall be entirely paved, except for buildings and landscaping.

43. All structures shall be constructed to achieve a minimum Standard Transmission Coefficient (STC) sound rating of 45-50.

44. All repair activities and operations shall be conducted entirely within an enclosed building. Outdoor hoists are prohibited.

45. Automobile repair facilities performing body and fender work or similar noise-generating activities shall be conducted in fully enclosed structures with walls of concrete block or similar materials and doors in maximum half open position during operating hours. All painting shall occur within a fully enclosed booth.

46. The premises shall be kept in a neat and orderly condition at all times and all improvements shall be maintained in a condition of reasonable repair and appearance. No used or discarded automotive parts or equipment or permanently disabled, junked or wrecked vehicles may be stored outside the main building.

47. An exterior parking area shall be used for employee and customer parking only and not for the repair or finishing work or long-term (over one week) storage of vehicles. No vehicles to be repaired shall be parked or stored on any street or in any alley.

Miscellaneous Conditions

48. The building address shall be painted on the roof of the building and shall measure four feet by eight feet (32 square feet).

49. The operation shall at all times be conducted in a manner not detrimental to surrounding properties or residents by reason of lights, noise, activities, parking or other actions.

50. If any archaeological remains are uncovered during excavation or construction, work in the affected area shall be suspended and a recognized specialist shall be contacted to conduct a survey of the affected area at project's owner's expense. A determination shall then be made by the Director of Planning to determine the significance of the survey findings and appropriate actions and requirements, if any, to address such findings.

51. Street and/or alley lighting shall be provided on public rights-of-way adjacent to the project if and as needed per the specifications and with the approval of the Department of Environmental and Public Works Management.

52. Automotive repair facilities and dealerships, parking areas and structures, automotive paint shops, gas stations, equipment degreasing areas, and other facilities generating wastewater with significant oil and grease content are required to pretreat these wastes before discharging to the City sewer or storm drain system. Pretreatment will require that a clarifier or oil/water separator be installed and maintained on site. In cases where settleable solids are present (or expected) in greater amounts than floatable oil and grease, a clarifier unit will be required. In cases where the opposite waste characteristics are present, an oil/water separator with automatic oil draw-off will be required instead. The Environmental and Public Works Management Department will set specific requirements. Building permit plans shall show the required installation.

53. Mechanical equipment shall not be located on the side of any building that is adjacent to a residential building on the adjoining lot. Roof locations may be used when the mechanical equipment is installed within a sound rated parapet enclosure.

54. Final approval of any mechanical equipment installation will require a noise test in compliance with SMMC section 4.12.040. The owner or contractor shall provide equipment for the test and the owner or contractor shall conduct the test. A copy of the noise test results on mechanical equipment shall be submitted to the Community Noise officer for review to ensure that noise levels do not exceed maximum allowable levels for the applicable noise zone.

55. Final building plans submitted for approval of a building permit shall include on the plans a list of all permanent mechanical equipment to be placed outdoors and all permanent mechanical equipment to be placed indoors which may be heard outdoors.

56. Prior to final inspection, the applicant shall post a notice at the building entry stating that the site is regulated by a Conditional Use Permit, Development Review Permit and Variance, and the Statement of Official Action, which includes the establishment’s conditions of approval, is available upon request. This notice shall remain posted at all time the establishment is in operation.

Validity of Permits

57. In the event permittee violates or fails to comply with any conditions of approval of this permit, no further permits, licenses, approvals or certificates of occupancy shall be issued until such violation has been fully remedied.

58. Within ten days of Planning Division transmittal of the Statement of Official Action, project applicant shall sign and return a copy of the Statement of Official Action prepared by the Planning Division, agreeing to the Conditions of approval and acknowledging that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval. By signing same, applicant shall not thereby waive any legal rights applicant may possess regarding said conditions. The signed Statement shall be returned to the City Planning Division. Failure to comply with this condition shall constitute grounds for potential permit revocation.

59. This determination shall not become effective for a period of fourteen days from the date of determination or, if appealed, until a final determination is made on the appeal. Any appeal must be made in the form required by the Zoning Administrator. The approval of this permit shall expire if the rights granted are not exercised within one year from the permit’s effective date. Exercise of rights shall mean issuance of a building permit to commence construction. However, the permit shall also expire if the building permit expires, if final inspection is not completed or a Certificate of Occupancy is not issued within the time periods specified in SMMC Section 8.08.060. One six month extension may be permitted if approved by the Director of Planning. Applicant is on notice that time extensions may not be granted if development standards or the development process relevant to the project have changed since project approval. Additionally, the rights associated with this approval shall expire if the establishment ceases operation for a period of one year or longer.

Monitoring of Conditions

60. Pursuant to the requirements of Public Resources Code Section 21081.6, the City Planning Division will coordinate a monitoring and reporting program regarding any required changes to the project made in conjunction with project approval and any conditions of approval, including those conditions intended to mitigate or avoid significant effects on the environment. This program shall include, but is not limited to, ensuring that the Planning Division itself and other City divisions and departments such as the Building Division, the Environmental and Public Works Management Department, the Fire Department, the Police Department, the Community and Economic Development Department and the Finance Department are aware of project requirements which must be satisfied prior to issuance of a Building Permit, Certificate of Occupancy, or other permit, and that other responsible agencies are also informed of conditions relating to their responsibilities. Project owner shall demonstrate compliance with conditions of approval in a written report submitted to the Planning Director and Building Officer prior to issuance of a Building Permit or Certificate of Occupancy, and, as applicable, provide periodic reports regarding compliance with such conditions.

Special Conditions

61. Consistent with Santa Monica Municipal Code Section 9.04.10.08.050 (a)(3), half of the required bicycle parking spaces shall be provided for long-term bicycle commuters.

62. A Performance Standards Permit shall be required prior to the implementation of an ancillary car rental service at the subject property. Car rental service shall only be available to vehicle repair customers. No rental car vehicles shall be stored or displayed on the subject property without prior approval from the Director of Planning and Community Development.

63. The subterranean portion of the parking structure shall be used primarily by employees of the facility and customers.

64. The applicant shall provide a landscaped buffer adjacent to Olympic Boulevard between the two existing driveway curb cuts. The landscaped buffer shall extend no less than 10 feet in depth from the Olympic Boulevard property line. Reduced depth to ensure efficient circulation and compliance with the Hazardous Visual Obstruction requirements at the existing driveway curb cuts may be permitted, subject to approval from the Director of Planning and Community Development.

Prepared by: Jonathan Lait, AICP, Senior Planner

Attachments:

A. Resolution Adopting a Statement of Overriding Considerations and Mitigation Monitoring Plan

B. Notice of Public Hearing

C. Planning Commission Staff Report dated, September 3, 2003 (without attachments)

D. Planning Commission Staff Report dated, December, 17 2003 (with Attachment A only)

E. Photographs of Existing Site Landscaping

ATTACHMENT A

RESOLUTION NO. 03-014

(Planning Commission Series)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA MAKING FINDINGS NECESSARY TO APPROVE THE HORNBURG JAGUAR EXPANSION PROJECT, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATION, AND MITIGATION MONITORING PLAN

WHEREAS, an Environmental Impact Report has been prepared which analyzes the environmental effects of the Hornburg Jaguar Expansion Project; and

WHEREAS, the Planning Commission, as Lead City Agency, reviewed the Final Environmental Impact Report in full compliance with State and City CEQA Guidelines; and

WHEREAS, on September 3, 2003, the Planning Commission certified that the Final Environmental Impact Report was prepared in full compliance with State and City CEQA Guidelines, and

WHEREAS, on September 3, 2003, the Planning Commission continued action of the Statement of Overriding Considerations, Mitigation Monitoring Program, and associated discretionary entitlements to allow the applicant an opportunity to explore project revisions,

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. Consistent with Article IV, Section 12 of the City of Santa Monica CEQA Guidelines and Section 15128 of the State CEQA Guidelines, the Initial Study/Notice of Preparation determined that the following environmental impacts were not considered potentially significant and were not addressed further in the Final Environmental Impact Report: Biological Resources, Population and Housing, Cultural Resources, Shadows, Mineral Resources, Agricultural Resources, Recreation, Public Services, Economic and Social Impacts, Utilities and Service Systems.

SECTION 2. Consistent with Article VI, Section 12 of the City of Santa Monica CEQA Guidelines and Section 15091 and 15092 of the State CEQA Guidelines, and as detailed in the Final EIR at Sections 4.1, 4.2, 4.3, 4.4, 4.6, and 4.8, the Planning Commission finds that there are no significant impacts for geology and soils, air quality, noise, land use, aesthetics, and hydrology and water quality.

SECTION 3. Consistent with Article VI, Section 12 of the City of Santa Monica CEQA Guidelines and Sections 15091 and 15092 of the State of California CEQA Guidelines, the City Council finds that most impacts resulting from the project can be reduced to an acceptable level. More specifically, significant environmental effects as identified below can feasibly be avoided and have been eliminated or substantially lessened. The remaining unavoidable significant effects cannot be fully mitigated but are nevertheless found to be acceptable due to overriding considerations, as discussed in Section 6.

(a) The final EIR determined that without mitigation the proposed project could result in significant adverse impacts to traffic. Construction activities associated with the project implementation could increase traffic in the project area. Demolition and excavation activities required to implement the project would occur on the areas of the site that could usually be used to provide construction staging and parking. This could require construction staging and parking to occur off-site. Consistent with Article VI, Section 12 of the City CEQA Guidelines and Section 15091 and 15092 of the State of California CEQA Guidelines and as detailed in the Final EIR at Sections 4.5, 4.9 and 4.10, the Planning Commission finds that the following mitigation measure has been required for the project which will avoid or substantially lessen the potential significant environmental effects identified with respect to construction related traffic:

(1) Mitigation Measure 4.5-1: The applicant/contractor shall prepare and implement a Construction Impact Mitigation Plan, prior to issuance of a building permit, to adequately manage traffic during construction. This plan shall be subject to review and approval by the City and, at a minimum, shall include the following:

· A public information program to advise motorists of impending construction activities (e.g., media coverage, portable message signs, and information signs at the construction site)

· Coordination of construction work with affected agencies five to ten days prior to start of work

· A traffic control plan for the streets surrounding the work area, which includes specific information regarding the project’s construction and activities that will disrupt normal traffic flow

· Prohibition of dirt and demolition material hauling and construction material delivery during the morning and afternoon peak traffic periods and cleaning of streets and equipment as necessary

· Limiting the queuing of trucks to on-site and prohibition of truck queuing on the area roadways

· Scheduling of pre-construction meetings with affected agencies to property plan methods of controlling traffic through work areas

· Storage of construction material and equipment within the designated work area and limitation of equipment and material visibility to the public

· Provision of off-street parking to construction employees, including use of a remote location with shuttle transport to the site, if determined necessary by the City of Santa Monica.

(b) The Final EIR determined that without mitigation the proposed project could result in significant adverse impacts to hazardous materials. Construction activities could expose construction workers to hazardous substances that may be present in soil or groundwater. Given the historic uses of the property, which include a landfill and a carpet manufacturing facility, construction workers could encounter unanticipated hazardous substances during project development. Consistent with Article VI, Section 12 of the City CEQA Guidelines and Section 15091 and 15092 of the State of California CEQA Guidelines, and as detailed in the Final EIR at Section 4.7, the Planning Commission finds that the following mitigation measures have been required in the project which will avoid or substantially lessen the potential significant environmental effects identified with respect to hazardous materials:

(1) Mitigation Measure 4.7-1: In the event that previously unknown soil or groundwater contamination is encountered during construction, construction activities shall immediately stop, and appropriate health and safety procedures shall be implemented. Where site contamination is identified, an appropriate remediation strategy (i.e., a Health and Safety Plan that meets OSHA requirements) approved by the City, and DTSC and the Los Angeles RWQCB, as required, shall be implemented. Qualified and licensed professionals shall perform the remediation activities and all work shall be performed under the supervision of the City of Santa Monica Environmental Programs Division.

SECTION 4. Consistent with Article IV, Section 12 of the City of Santa Monica CEQA Guidelines and Section 15091, 15092, and 15093 of the State of California CEQA Guidelines, the Planning Commission finds that significant adverse environmental effects in the areas of project related traffic and neighborhood effects due to neighborhood traffic cannot feasibly be avoided or mitigated to below a level of significance. Nevertheless, these impacts are found to be acceptable due to overriding considerations as discussed in Section 6.

(a) The Final EIR determined that without mitigation the proposed project could result in significant adverse impacts to traffic. Consistent with Article VI, Section 12 of the City of Santa Monica CEQA Guidelines and Section 15091, 15092, and 15093 of the State of California CEQA Guidelines, and as detailed in Final EIR Section 4.5 and 4.10, the Planning Commission finds that, although potential mitigation measures have been identified to reduce the significant environmental effects related to traffic at the intersections of Centinela Avenue and Exposition Boulevard and Centinela Avenue and Pico Boulevard, the intersections are under the control of the City of Los Angeles. Therefore, the implementation of these mitigation measures are outside the control of the City of Santa Monica and the project applicant. The project impact at Centinela Avenue and Exposition Boulevard could be mitigated with installation of a traffic signal; however, the City of Los Angeles has control over this location and has on prior occasions indicated that it is unwilling to consider installation of a signal. The project impact at Centinela Avenue and Pico Boulevard could be mitigated by signal modifications that would provide protected-permitted phases for the northbound, southbound, eastbound, and westbound left-turn movements. The City of Los Angeles has control over this location and has indicated this improvement will not be considered. Therefore, there are no feasible mitigation measures and the impacts at these intersections are considered to be significant and unavoidable.

(b) The Final EIR determination that without mitigation, the proposed project could result in significant adverse impacts to neighborhood effects in the area of neighborhood traffic. Consistent with Article VI, Section 12 of the City of Santa Monica CEQA Guidelines and Section 15091, 15092, and 15093 of the State of California CEQA Guidelines, and as detailed in Final EIR Section 4.5 and 4.10, the Planning Commission finds that the proposed project would result in significant adverse neighborhood traffic effects for the street segment on Centinela Avenue between Nebraska and Iowa Avenues. The City of Santa Monica significance criteria for collector streets, such as this street segment, states that if the current average daily trips is greater than 13,500, a net increase of one trip or more creates a significant impact. The Final EIR found that the proposed project would increase the average daily traffic on this portion of Centinela Avenue by 81 trips. This impact could only be mitigated by full closure of the affected street segment. This would not be acceptable since this street serves adjacent land uses and carries substantial traffic volumes that would then need to shift to other nearby streets. As a result, there are no feasible mitigation measures and this impact would be considered significant and unavoidable.

SECTION 5. The Final EIR found that the No Project Alternative would be environmentally superior to the proposed project on the basis of the minimization or avoidance of physical environmental impacts. However, the CEQA Guidelines require that if the environmentally superior alternative is the No Project alternative, that the EIR also identify an environmentally superior alternative among the other alternatives. Consistent with Article VI, Section 12 of the City of Santa Monica CEQA Guidelines and Section 15091, 15092, and 15093 of the State of California CEQA Guidelines, and as detailed in Final EIR Section 7.0, the Planning Commission finds that, based on the other project alternatives, the Reduced Project (Service Expansion Only) alternative would be considered environmentally superior. This alternative would incrementally reduce impacts in five impact areas, including, air quality, geology and soils, noise, traffic, and water quality. With regard to traffic impacts, this alternative would generate slightly fewer than half as many trips as the proposed project, but it would continue to significantly impact two intersections, Centinela Avenue/Exposition Boulevard and Centinela Avenue/Pico Boulevard, as well as the Centinela Avenue neighborhood street segment between Nebraska and Iowa Avenues. Therefore, the Reduced Project (Service Expansion Only) alternative does not lessen the proposed project’s traffic impacts below the City’s impact thresholds. Further, this alternative does not meet the objectives of consolidating auto sales and service uses onto a single site, as no auto sales would be provided, nor would substantial new vehicle storage be available. The Reduced Project (Dealership Only) alternative, while not environmentally superior, also incrementally reduced impacts in the areas of air quality, hazards and hazardous materials, noise, and traffic. This alternative, however, would continue to significantly impact two intersections, Centinela Avenue/Exposition Boulevard and Centinela Avenue/Pico Boulevard, as well as the Centinela Avenue neighborhood street segment between Nebraska and Iowa Avenues. Also, these alternatives do not attain project objectives because they do not result in additional service capacity to meet existing or anticipated demand, or support the proposed auto sales.

SECTION 6. The Final EIR found that the project would result in significant unavoidable adverse impacts in the areas of project related traffic and neighborhood effects due to neighborhood traffic. Consistent with Article VI, Section 13 of the City CEQA Guidelines and Section 15093 of the State of California CEQA Guidelines, the City Council hereby makes a Statement of Overriding Considerations and finds that the benefits of the project outweigh its unavoidable environmental impacts based on the following reasons:

(a) The Hornburg Jaguar Expansion Project would increase employment opportunities in the City. The existing service repair facility employs 87 staff members. Upon completion of the expansion project, employment will increase by 50% with the addition of 43 new positions.

(b) Auto dealerships generate a substantial amount of tax revenue for the City. Specifically, dealerships enhance city revenue through sales tax, property tax, business tax, and utility users tax. According to a recent study, dealerships on average, in the City of Santa Monica, generate approximately $172,000. Overall, when considering sales tax revenue alone, dealership operations contribute approximately 25% of that revenue.

(c) The Hornburg Jaguar Expansion Project will further contribute to the local economy through the purchase of goods and services. A recent study of Santa Monica based dealerships, found that approximately 1.7 million dollars worth of transactions occurred between the dealerships and local businesses in the year 2000. On average, each dealership generates approximately $170,000 worth of sales with other local businesses. These transactions in turn create a demand for local employment and generate additional tax revenue.

SECTION 7. Consistent with Section 21081.6(d) of the California Environmental Quality Act, the documents which constitute the record of proceedings for approving this project are located in the Planning and Community Development Department, 1685 Main Street, Room 212, Santa Monica, California. The custodian of these documents is Senior Planner Jonathan Lait, AICP.

SECTION 8. The City Clerk shall certify to the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect.

Attachment A: Mitigation Monitoring and Reporting Plan

APPROVED AS TO FORM:

________________________

MARSHA JONES MOUTRIE

City Attorney

ATTACHMENT B

NOTICE OF A PUBLIC HEARING

BEFORE THE SANTA MONICA PLANNING COMMISSION

SUBJECT: Development Review Permit 02DR013, Conditional Use Permit 02CUP013, Variance 02VAR022

3300 OLYMPIC BOULEVARD

APPLICANT: RTK Architects

PROPERTY OWNERS: 6400 LLC and 3300 Jaguar LLC

A public hearing will be held by the Planning Commission to consider the following request:

Application for Development Review Permit 02DR013, Conditional Use Permit 02CUP013, and Variance 02VAR022 to allow an automobile dealership in conjunction with an existing automobile repair facility. The Development Review permit is required for construction of more 7,500 square feet of new floor area, the Conditional Use Permit is required for automobile dealerships located in the Light Manufacturing and Studio District, and a Variance has been requested to provide 14 of the required parking spaces in a tandem configuration.

The Planning Commission certified the Final Environmental Impact Report for this project on September 3, 2003. The FEIR evaluated the environmental impacts associated with the project and identified mitigation measures as appropriate to reduce impacts to a level of insignificance. The Planning Commission will consider adoption of a Resolution establishing a Mitigation Monitoring Program at the public hearing. The Planning Commission will also consider a Resolution adopting a Statement of Overriding Considerations for unmitigable impacts associated with the project. The Final Environmental Impact Report (FEIR) prepared for the proposed project is available at the Main Library Reference Section, at the Office of the City Clerk, at the City Planning Division Public Counter, Room 111 in City Hall, and on the City’s website:

http://www.smgov.net/planning/planningcomm/environmentalreports.html

DATE/TIME: WEDNESDAY, JANUARY 7, 2004 AT 7:00 p.m.

LOCATION: City Council Chambers, Second Floor, Santa Monica City Hall

1685 Main Street, Santa Monica, California

HOW TO COMMENT

The City of Santa Monica encourages public comment. You may comment at the Planning Commission public hearing, or by writing a letter. Written information will be given to the Planning Commission at the meeting.

Address your letters to: Jonathan Lait, AICP, Senior Planner

Re: 02CUP013

City Planning Division

1685 Main Street, Room 212

Santa Monica, CA 90401

MORE INFORMATION

If you want more information about this project or wish to review the project file, please contact Jonathan Lait at (310) 458-8341, or by e-mail at jonathan-lait@santa-monica.org. The Zoning Ordinance is available at the Planning Counter during business hours and on the City’s web site at www.santa-monica.org.

The meeting facility is wheelchair accessible. For disability-related accommodations, please contact (310) 458-8341 or (310) 458-8696 TTY at least 72 hours in advance. All written materials are available in alternate format upon request. Santa Monica Big Blue Bus Lines numbered 1, 2, 3, 5, 7, 8, 9, and 10 serve City Hall.

Pursuant to California Government Code Section 65009(b), if this matter is subsequently challenged in Court, the challenge may be limited to only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City of Santa Monica at, or prior to, the public hearing.

ATTACHMENT C

Planning Commission Report, Dated September 3, 2003 (without attachments)

Planning Commission Mtg: September 3, 2003 Santa Monica, California

TO: The Honorable Planning Commission

FROM: Planning Staff

SUBJECT: Development Review Permit 02DR-013, Conditional Use Permit 02CUP013, Variance 02VAR022, and Final Environmental Impact Report 03EIR003

Address: 3300 Olympic Boulevard (Hornburg Jaguar)

Applicant: RTK Architects

INTRODUCTION

Action: Application for Development Review Permit 02DR-013, Conditional Use Permit 02CUP013, and Variance 02VAR022 to allow an automobile dealership in conjunction with an existing automobile repair facility. The Development Review permit is required for construction of more 7,500 square feet of new floor area, the Conditional Use Permit is required for automobile dealerships located in the Light Manufacturing and Studio District, and a Variance has been requested to provide 14 of the required parking spaces in a tandem configuration.

An Environmental Impact Report (EIR) has been prepared that examines the potential environmental impacts of the proposed project.

Recommendation:

1. Adopt the Resolution certifying the Environmental Impact Report

2. Adopt the Resolution approving the Statement of Overriding Considerations and Mitigation Monitoring Plan

3. Continue Development Review Permit 02DR-013, Conditional Use Permit 02CUP013, and Variance 02VAR022, for project redesign.

Certification of EIR Deadline: September 9, 2003 (without extension)

Permit Streamlining Deadline: March 1, 2004 (if, EIR certified)

SITE LOCATION AND DESCRIPTION

The subject property is approximately 105,083 square feet in area located at the southwest corner of Olympic Boulevard and Centinela Avenue, having street frontages of 451 feet and 233 feet, respectively. The subject parcel is currently developed with two buildings, including a 39,211 square foot service repair building, to remain, and an approximate 15,700 square foot covered storage and office building, which will be demolished. Access to the site is available from two existing driveways adjacent to Olympic Boulevard, and one access point to loading zones and the refuse area from Centinela Avenue. The parcel topography is relatively level.

Surrounding land uses consist of studio, commercial, light industrial and office uses. Adjacent to and south of the project site is a three story production studio building (Lantana). Uses east of the site, along Olympic Boulevard and across Centinela Avenue, include a two and three story studio use, and a car storage facility. Uses to the west consist of light industrial and office uses, including a self-serve storage facility. One and two story light industrial buildings and surface parking uses are located north, northwest and north east of the project site, across Olympic Boulevard.

Zoning District: LMSD (Light Manufacturing and Studio District)

Land Use District: Special Office District

Parcel Area: 105,083 (233' x 451')

PROJECT DESCRIPTION

Hornburg Jaguar currently occupies the subject property and operates a vehicle repair facility on the premises. The applicant proposes to retain the existing repair facility and add 13 new service bays. Also proposed is the replacement of the existing office and covered parking structure with a new automobile dealership. The new dealership will be contained in a separate building attached to a subterranean and above grade parking structure. New car storage will be available on the top level of the parking structure, which will extend two stories in height. A first floor showroom and second story offices will be located north of the parking structure, screening parked cars from Olympic Boulevard. Additional at grade parking is provided adjacent to Olympic Boulevard as well as near, and within, the repair building. The service facility would continue operating from 6:00 AM to no later than 10:00 PM. The dealership is proposed to operate from 8:00 AM to 10:00 PM.

MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE

The applicant has applied for a variance (02VAR022) to allow 14 of the required off-street parking spaces to be provided in a tandem configuration within the parking structure. The project also does not comply with Santa Monica Municipal Code Section 9.04.10.08.050 (a)(3) regarding bicycle parking. The bicycle parking issue can be addressed with minor modifications to the project design. Compliance with other provisions of the Zoning Ordinance is provided in Attachment A.

As currently designed the project is not consistent with Policy 3.4.9 contained in the Land Use Element of the General Plan since the project does not provide a 5 – 20 foot landscaped area adjacent to Olympic Boulevard at the western portion of the property. Thirteen surface parking spaces are located in an area that requires landscaped open space visible from the street, including landscaped setbacks to create a ‘garden office’ or ‘campus’ environment. This issue is discussed further in the report, and staff has recommended a condition of approval to ensure compliance with the General Plan.

HISTORIC RESOURCES INVENTORY STATUS

The existing service repair building was constructed prior to 1966, however an exact date is unknown. The canopy structure and service writer building was constructed in the 1970s. No existing site improvements are listed on the City’s Historic Resources Inventory. Further, the EIR prepared for the project did not identify any adverse impacts to historic resources resulting from this project.

RENT CONTROL STATUS

The subject site is commercial property exempt from Rent Control.

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, prior to application filing the applicant posted a sign on the property regarding the subject application. At least two weeks prior to the public hearing date, the applicant submitted 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. A copy of the site posting photograph is contained in Attachment B. It is the applicant's responsibility to update the hearing date if it is changed after posting.

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.

On August 14, 2003, the applicant was notified by electronic mail of the subject hearing date.

ANALYSIS

Background

Prior to the 1940s, the subject property and portions of the surrounding area were used as a brick manufacturing facility and landfill; various industrial and studio uses have since occupied the site. Hornburg Jaguar began using the subject property in 1980. At that time, automobile repair facilities were permitted land uses and parking in the amount required by the Municipal Code was provided. Automobile repair facilities are still permitted uses, however, parking requirements have changed rendering the use legal nonconforming with respect for off-street parking. The proposed automobile dealership is a conditionally permitted use. Off street parking is required for the new use and for the additional service bays within the existing repair building.

There are no pending code compliance complaints or code enforcement activity associated with the subject property or existing land use.

Project Design

The subject property has one large service repair building containing approximately 39,211 square feet of area. There are 32 service bays, including 22 hoists located within the building. Other ancillary uses include office space, a parts department, shipping receiving area, as well as employee activity rooms. The existing structure measures approximately 25 feet tall and, pursuant to Municipal Code regulations, is considered a two story building. The building, however, has only one usable story. Other improvements on the property include a series of service writer offices and canopy structure used to cover parked vehicles. These structures will be demolished as part of the project. Auto repair activity is the only use that occurs on the premises, and it occurs within the enclosed service repair building.

The applicant proposes to add 13 service repair bays within the existing structure, and construct a new building and parking structure to accommodate the automobile dealership use. A new car showroom and associated office space is proposed on the first and second floors, respectively. The parking structure, a portion of which is underground, extends two stories in height. Rooftop parking will be used for new car storage. The remainder of the structure will be used for required off-street parking. A 25 foot driveway between the first floor showroom and the parking structure will be used as a vehicle queuing area that can accommodate at least eight vehicles. This area will also double as a loading zone to accommodate full sized delivery trucks carrying new cars. Other loading zones are also provided east of the service repair building adjacent to Centinela Avenue. As designed, customer parking is also available in front of the new showroom.

Access to the above grade portions of the parking structure will not be available to customers. Employees of the facility will move cars from the queue area to the parking structure and the repair building, as needed. Access to the subterranean portion will be used primarily by employees of the facility and serve as overflow customer parking. Vehicular access to the site is available from Olympic Boulevard accessed by two existing driveways. Landscaping is located in front of the service repair building, a portion of which will be used as a vehicle display area, and throughout other paved areas near the dealership.

Also proposed on site is an 89 square foot area dedicated to rental car service. This service will be available to repair customers only and no rental cars will be stored on site. Customers requesting a rental car will be picked up and taken to an off-site car rental location. At the time the subject applications were submitted, this land use was not a permitted in LMSD. Recently, however, the City Council authorized car rentals in this district, subject to approval of a Performance Standards Permit. The Performance Standards Permit is an administrative application that will be required prior to implementing the auto rental service.

The proposed hours of operation for the service facility are 6:00 AM to no later than 10:00 PM and, for the dealership, 8:00 AM to 10:00 PM, seven days a week. Santa Monica Municipal Code section 9.04.14.060 (f) limits vehicle loading and unloading between 8:00 AM to 5:00 PM Monday through Saturday.

Parking and Circulation

Vehicle access to the site is provided from Olympic Boulevard. A dedicated entrance driveway is located at the westernmost portion of the site and a dedicated exit driveway is provided further east. Both of the driveways are existing; no change is proposed. Additional access to the site is available from Centinela Avenue, but this is for access to three standard-sized (10' x 20') loading spaces and the refuse recycling area. It is anticipated that smaller deliveries will occur at this location, while larger new vehicle loading and unloading will occur between the automobile dealership showroom area and the parking garage. These larger delivery trucks will use the Olympic Boulevard driveways.

Thirteen surface parking spaces are located between the two driveways adjacent to Olympic Boulevard. Seven parking spaces are located within the service repair building, not directly accessible to customers, but used to satisfy off-street parking requirements. The remainder of the required parking is located within the parking structure. Ingress and egress for 87 semi-subterranean parking spaces is available from a ramp at the western portion of the property. Exiting vehicles will turn right heading east and parallel to the queued service repair vehicles, and left toward the exiting driveway at Olympic Boulevard. The above grade, middle level portion of the parking structure has an additional 39 spaces, 14 of which are provided in a tandem configuration. Two other surface parking spaces are located at the service repair entrance near the transition ramp to the parking structure. In total, 148 parking spaces are provided.

Based on this layout, staff is concerned about circulation conflicts between large car carriers and queued service repair vehicles. This conflict is exacerbated by municipal regulations that limit new car deliveries between the hours of 8:00 AM and 5:00 PM, and requirements that prevent the use of public rights-of-ways. Since repair customers will also be using this area during the same hours, it is not practical to have both activities occurring at the same place or time. Staff anticipates that an appropriate management plan can be created to address this concern, which may involve minor plan revisions.

General Plan and Zoning Consistency

The subject property is zoned Light Manufacturing Studio District (LMSD). While automobile repair facilities are a permitted use, the request for an automobile dealership is subject to discretionary approval. As designed, the project complies with all property development standards of the district. The project also complies with the special standards applicable to automobile dealerships. However, the project does not comply with code required off-street parking. A total of 148 parking spaces are required and provided on site. Fourteen of those spaces are provided in a tandem configuration, which is not permitted. Also, as mentioned, the project does not comply with bicycle parking requirements, but compliance with this provision can be easily achieved.

The project is also substantially in compliance with the General Plan, including Land Use Objective 1.2, which seeks to ensure compatibility of adjacent land uses. The proposed commercial activity is consistent with the general office, light industrial and studio uses that occur in the general vicinity. However, the project does not comply with Policy 3.4.9, which requires landscaped open space visible from Olympic Boulevard. The intent of this policy is to create a ‘garden office’ or ‘campus’ environment. Moreover, the Zoning Ordinance provides that a 20 foot setback be provided from Olympic Boulevard, in order to further this policy. While the project complies with the 20 foot setback requirement from Olympic Boulevard, that setback area is used primarily for off-street parking and is not substantially landscaped.

To ensure compliance with the General Plan’s intent, staff believes it appropriate to require additional landscaping adjacent to Olympic Boulevard between the two existing driveway curb cuts. More specifically, staff recommends a landscaped depth equal to that provided adjacent to the service repair building. Implementation of this condition may require a greater setback for the automobile dealership building, a reduced project size, or could involve further excavation to provide the lost parking spaces on the subterranean level of the parking structure. Despite these plan revisions, staff does not anticipate that such modifications would alter the analysis prepared in the EIR. Design modifications would likely reduce project related impacts and enhance the aesthetic character of the site.

Development Review Permit

Projects over 7,500 square feet in the Light Manufacturing and Studio District require a Development Review (DR) permit. The permit is intended to ensure that the physical location, size and massing of the proposed structure is compatible with surrounding properties. To approve a DR permit, the parcel must be compatible with adjacent structures, have pedestrian and vehicular access to the site, be adequately served by existing or proposed infrastructure and be consistent with the Municipal Code and General Plan.

The proposed automobile dealership and parking structure contains approximately 54,027 square feet of floor area, as defined in the Zoning Ordinance. Much of that area is located in the covered at, and above grade parking. Less than 10,000 square feet is dedicated toward office and showroom area. The proposed structure is comparable in height to the existing on-site improvements and other structures in the general vicinity, including the self-serve storage building immediately to the west. The parcel maintains pedestrian and vehicular access from Olympic Boulevard and Centinela Avenue. Two existing driveway curb cuts are to remain adjacent to Olympic Boulevard, and an existing driveway at Centinela Avenue provides access to the off-street loading spaces and refuse area. The parcel is also adequately served by existing City services and infrastructure. Further, as conditioned, and with the approval of the variance application, the proposed project is consistent with the Municipal Code and General Plan.

Conditional Use Permit

A Conditional Use Permit (CUP) is required for the proposed automobile dealership. The CUP requirement provides a discretionary process to evaluate a proposed use and impose conditions of approval to ensure its compatibility with adjacent land uses. In addition to some of the areas considered with the DR permit, the CUP also ensures that the proposal does not impair the integrity and character of the district, or otherwise be detrimental to the public interest, health, convenience and general welfare.

Automobile dealerships require a CUP because of the potential to impact adjacent land uses. Typical concerns relate to the availability of sufficient off-street parking, traffic generation, including road testing of vehicles, obstruction of traffic, visual blight, bright lights, noise, fumes, and drainage runoff. The Zoning Ordinance establishes standard conditions of approval that address the above issues, all of which have been incorporated in this recommendation. Staff’s analysis of the proposed land use finds that the project is appropriate for the Light Manufacturing and Studio District and that it is compatible with other land uses in the general vicinity. Many of these land uses consist of light manufacturing, commercial and office uses. Except as documented in the Environmental Impact Report, staff believes the typical operation of the proposed use, as conditioned, will not adversely impact adjacent land uses or impair the integrity of the industrial district.

Variance

A Variance is also being requested as part of the proposed project. The variance application provides an applicant an opportunity to request relief from the provisions of the Zoning Ordinance where parcel characteristics, intended land use, or the location of existing improvements create a hardship to develop the property. With regard to the proposed project, it is the intended operation of the auto dealership and repair facility that substantiate the request.

As proposed, the variance would allow 14 required off-street parking spaces to be provided in a tandem configuration. Tandem parking is not specifically identified in the Zoning Ordinance as being a permitted parking configuration, but may be approved by a variance. The 14 spaces are located in the above grade parking structure. Parking in this area is not accessible to the general public. Only employees of the facility will park vehicles in the above grade portions of the parking structure, including the area that has the tandem parking. This design is also consistent with Circulation Policy 4.7.3 of the General Plan, which encourages the most efficient use of parking facilities, including tandem configurations in conjunction with valet service. While the proposed plan is not a traditional valet service, it is essentially similar in that employees retrieve cars for customers that are parked in areas not accessible to the customer.

Based on the anticipated operation, and since customers will not have direct access to the tandem parking area, staff believes the request is appropriate and will not be detrimental to adjacent properties or uses. The tandem configuration provides an opportunity to accommodate all required off-street parking spaces, efficiently uses the parking structure, and will be managed by employees of the facility. Moreover, staff anticipates that adequate off-street parking will be directly available to customers in the subterranean portion of the parking structure.

CEQA Status

An Environmental Impact Report (EIR) has been prepared for the proposed project in accordance with the California Environmental Quality Act (CEQA). The Notice of Availability of the Draft EIR (DEIR) was distributed to affected agencies, surrounding cities, Los Angeles County, and interested parties for a 45-day review period in accordance with Section 15087 of the CEQA Guidelines. Copies of the Draft EIR were made available on June 20, 2003 for the public review period, which closed on August 5, 2003. No comment letters were received during the public review period. One comment letter, however, was received after the comment period, which has been incorporated in the Final EIR.

The EIR addresses the potential environmental effects of the proposed project. The scope of the EIR includes environmental issues determined to be potentially significant by the Initial Study, Notice of Preparation (NOP), responses to the NOP, and scoping communications with the Los Angeles City Department of Transportation (LADOT) and City staff.

The environmental study determined that the proposed project would have minimal, or no impacts on eight environmental categories. Because potential effects on these impacts were not found to be significant, extensive analysis of these impacts is not required or provided in the EIR:

Biological Resources		Shadows
Population and Housing		Utilities and Service Systems
Public Services		Recreation
Cultural Resources		Economic and Social Effects
Agricultural Resources		Mineral Resources

The Initial Study/NOP identified potentially significant impacts on the following issue areas associated with the construction and/or operation of the proposed project, which are addressed in detail in the EIR:

Geology and Soils		Air Quality
Noise		Land Use and Planning
Transportation		Aesthetics
Hazardous Materials		Hydrology and Water Quality
Construction Effects		Neighborhood Effects

The EIR analyzed the issues referenced above and identified potentially significant environmental impacts, including site-specific and cumulative effects of the project in accordance with the provisions set forth in the CEQA Guidelines. The EIR also recommends feasible mitigation measures, where possible. To be feasible, the mitigation measure must eliminate or reduce the adverse effect so that its impact would be considered less than significant pursuant to City and CEQA significance criteria.

From the above list, two mitigatable impacts where identified in the area of construction-related traffic and hazardous materials. These mitigation measures have been incorporated into this report. The EIR also identified significant unavoidable and unmitigable impacts in the area of Transportation.

Transportation

The EIR analyzed 15 intersections and five neighborhood street segments. Three intersections and one street segment are located in the City of Los Angeles. Two of the 15 intersections, Centinela Avenue at Exposition Boulevard (unsignalized worst approach) and Centinela Avenue at Pico Boulevard, would be significantly impacted by the proposed project. Both of these intersections are located in the City of Los Angeles. Mitigation measures were identified to improve these intersections and reduce impacts to a level of insignificance. The mitigation for Centinela Avenue at Exposition Boulevard included the installation of a new traffic signal and coordination with existing signals at Centinela Avenue (east)/Olympic Boulevard and Centinela Avenue/I-10 westbound ramps. However, the City of Los Angeles has ownership over this location, and the Los Angeles Department of Transportation has indicated that it is unwilling to consider installation of a signal at this location.

Modifying the traffic signal to provide protected-permitted phases for the northbound, southbound, eastbound and westbound left turn movements could also mitigate traffic-related impacts at Centinela Avenue and Pico Boulevard. Implementation of this mitigation measure would necessitate the provision of some combination of new signage, controller cabinets, poles, mast arms, detectors and/or signal heads. However, as with the previous mitigation measure, this intersection is located within the City of Los Angeles.

While mitigation measures have been identified to address project related impacts, each of the proposed mitigation measures would be dependent on factors outside of the control of both the City of Santa Monica and the project applicant; therefore, these mitigation measures are unfeasible. Consequently, the identified project related traffic impacts are considered significant and unavoidable.

The traffic study also concluded that one of the street segments, Centinela Avenue between Iowa Avenue and Nebraska Avenue, would also be significantly impacted by the proposed project. Using the City of Santa Monica’s threshold of significance, the addition of one vehicle trip on this segment would generate a project related impact. This same segment evaluated under the City of Los Angeles threshold of significant does not result in an impact at this street segment. Short of full closure of the affected area, which would not be acceptable due to the adjacent land uses the segment serves and substantial traffic volumes that would be shifted to nearby streets, there are no mitigation measures that would eliminate the potential for even a single project trip to be added to these street segments. Therefore, mitigation is infeasible and this impact is considered to be significant and unavoidable.

Project Alternatives

CEQA requires that an EIR evaluate alternatives to the proposed project, including a “No Project” alternative. Because an EIR must identify ways to mitigate or avoid the significant effects that a project may have on the environment, the discussion of alternatives focuses on changes to the project or the project location that are capable of achieving the objectives of the proposed project while avoiding or substantially lessening any significant effects associated with the project. However, only feasible alternatives need be studied. Among the factors that may be taken into account when addressing the feasibility of alternatives are site suitability, economic vitality, availability of infrastructure, general plan consistency, other plans or regulatory limitations, jurisdictional boundaries, and whether the proponent can reasonably acquire, control or otherwise have access to the alternative site. The following alternatives to the project were analyzed in the EIR in accordance with CEQA requirements.

No Project:

This alternative maintains the subject property in its current state. Under this alternative, the project site would continue to include the existing 39,211 square foot service facility with 32 service bays, the 15,700 square foot service writer office building, and surface parking lot. The facility would continue to be used for automobile service only; no additional uses, including automobile sales, would be permitted on-site. This alternative results in reduced environmental impacts in all study areas.

Reduced Project Alternative (New Automobile Dealership Only):

This alternative represents the proposed project, but eliminates the addition of 13 new service bays within the existing structure. Parking is reduced by 26 spaces. This alternative fulfills project objectives by consolidating automobile sales within an existing service repair building, but does not develop additional service capacity to meet existing or anticipated demand. This alternative results in reduced environmental impacts in the following impact areas: air quality, hazards and hazardous material, noise, and traffic.

Reduced Project Alternative (New Repair Facility Only):

This alternative would be substantially similar to the proposed project in terms of height, massing and appearance of the structures; however, it would not include a subterranean parking or automobile sales activity. This alternative fulfills project objectives by expanding service repair capabilities, but does not develop provide an opportunity to consolidate existing land uses with the proposed automobile sales. This alternative results in reduced environmental impacts in the following impact areas: air quality, geology and soils, noise, traffic, hydrology and water quality.

Alternative Access:

All new uses on the site proposed by the project would be constructed under this alternative. Access to the site, however, would be altered to provide a full-access driveway (inbound and outbound) on the northbound approach to the intersection of Centinela Avenue (west) and Olympic Boulevard. This would allow outbound vehicles from the site to turn left directly onto Olympic Boulevard or proceed north onto Centinela Avenue. The existing outbound driveway approximately 150 to the east would be retained. All other features of the project would be retained. This alternative would result in the same impacts identified with the proposed project. Trip generate would be similar also, but trip distribution would be altered. Nevertheless, it is anticipated that the project would still result in impacts to the two intersections and street segment identified above.

Environmentally Superior Project:

The No Project alternative would be environmentally superior to the proposed project on the basis of the minimization or avoidance of physical environmental impacts. However, the CEQA Guidelines require that if the environmentally superior alternative is the No Project alternative, “the EIR shall also identify an environmentally superior alternative among the other alternatives”. Therefore, the Reduced Project (Service Expansion Only) alternative would be considered the environmentally superior alternative.

Statement of Overriding Considerations

Pursuant to CEQA, lead agencies must not approve projects that still have a significant environmental effect after imposition of feasible mitigation measures or alternatives, unless a finding is made that the project’s benefits outweigh the unavoidable adverse impacts. This is known as a Statement of Overriding Considerations, which is a written statement explaining why the lead agency is willing to accept each of the project’s significant effects. This statement must set forth the specific overriding social, economic, legal, technical, or other beneficial aspects supporting the lead agency’s decision to approve the project and must be based on substantial evidence in the public record.

There are three primary social and economic project benefits that support a recommendation for a statement of overriding considerations. One benefit relates directly to the increase in employment opportunities at the new facility. The existing service repair facility employs 87 staff members. That number is expected to increase 50% to 130 employees, or an additional 43 new positions. Secondly, the dealership itself will generate a significant amount of revenue for the City in terms of sales tax, property tax, business license tax, and utility user’s tax. On average, dealerships in the City of Santa Monica generate approximately $172,000 in tax revenue. Overall, when considering sales tax revenue alone, auto dealership operations contribute approximately 25% of that revenue.

In addition to employment and tax revenues, it is anticipated that the proposed project will further contribute to the local economy through the purchase of goods and services. Based on a Santa Monica Chamber of Commerce study of 10 area dealerships in January 2001, approximately 1.7 million dollars worth of transactions occurred between the dealerships and other local businesses in the year 2000. On average, each dealership generates approximately $170,000 worth of sales with other local businesses. These transactions in turn create a demand for local employment and generate additional tax revenue. Based on these social and economic benefits, staff recommends supporting the statement of overriding considerations.

CONCLUSION

The applicant requests approval to establish additional service repair bays within an existing building and construct a new automobile dealership. The new square footage being added to the parcel generates the need for a Development Review permit, and the dealership use itself is subject to approval of a Conditional Use Permit. A Variance is being requested to provide 14 of the required off-street parking spaces in a tandem configuration. An EIR was prepared as part of the environmental review associated with the project that concluded there would be significant unmitigable impacts at two Los Angeles intersections and one street segment. Despite the impacts, staff believes that the economic and social benefits of the project outweigh the adverse impacts and, therefore, supports a Statement of Overriding Considerations.

However, staff has identified two primary concerns with regard to the project design. The first concern relates to a potential circulation conflict between queued service repair vehicles and large car carriers loading and unloading new cars at the site. The second concern relates to the project’s compliance with the City’s General Plan and the need for additional landscaping adjacent to Olympic Boulevard. Staff believes these two issues warrant further design consideration, but does not anticipate that such changes would alter the analysis contained in the EIR. More likely, design changes would reduce project related impacts and enhance the aesthetic character of the site.

ALTERNATIVES

Other than the recommended action, the planning commission may:

A. Certify the EIR, approve the Statement of Overriding Considerations, approve the mitigation monitoring program, and direct staff to prepare findings and conditions for approval; or

B. Certify the EIR and direct staff to prepare findings to deny the project

RECOMMENDATION

It is recommended that the Planning Commission:

1. Adopt the Resolution certifying the Environmental Impact Report

2. Adopt the Resolution approving the Statement of Overriding Considerations and Mitigation Monitoring Plan

3. Continue Development Review Permit 02DR-013, Conditional Use Permit 02CUP013, and Variance 02VAR022, subject to conditions of approval and based on findings

Prepared by: Jonathan Lait, AICP, Senior Planner

Attachments:

A. Municipal Code and General Plan Conformance

B. Site Posting Photo

C. Notice of Public Hearing

D. Radius and Location Map

E. Resolution to Certify the Final Environmental Impact Report

F. Resolution Adopting Statement of Overriding Considerations

G. Letter from Applicant Regarding Compliance with General Plan Policy 3.4.9

H. Photographs of Site and Surrounding Properties

I. Project Rendering

J. Plot Plan, Floor Plans and Elevations

K. Final Environmental Impact Report

ATTACHMENT D

Planning Commission Report, Dated December 17, 2003 (with Attachment A only)

Planning Commission Meeting: December 17, 2003 Santa Monica, California

TO: The Honorable Planning Commission

FROM: Planning Staff

SUBJECT: Development Review Permit 02DR-013, Conditional Use Permit 02CUP013, and Variance 02VAR022

Address: 3300 Olympic Boulevard (Hornburg Jaguar)

Applicant: RTK Architects

INTRODUCTION

Action: Application for Development Review Permit 02DR-013, Conditional Use Permit 02CUP013, and Variance 02VAR022 to allow an automobile dealership in conjunction with an existing automobile repair facility. The Development Review permit is required for construction of more than 7,500 square feet of new floor area, the Conditional Use Permit is required for automobile dealerships located in the Light Manufacturing and Studio District, and a Variance has been requested to provide 14 of the required parking spaces in a tandem configuration.

Recommendation:

Approve Development Review Permit 02DR-013, Conditional Use Permit 02CUP013, and Variance 02VAR022, subject to conditions of approval and based on findings

Permit Streamlining Deadline: March 1, 2004 (without extension)

SITE LOCATION AND DESCRIPTION

Zoning District: LMSD (Light Manufacturing and Studio District)

Land Use District: Special Office District

Parcel Area: 105,083 (233' x 451')

PROJECT DESCRIPTION

MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE

The applicant has applied for a variance (02VAR022) to allow 14 of the required off-street parking spaces to be provided in a tandem configuration within the parking structure. With approval of the variance the proposed project complies with the Municipal Code as shown in Attachment A. The project is also consistent with the General Plan including Policy 3.4.9 contained in the Land Use Element, which requires landscaped open space visible from the street, including landscaped setbacks that create a ‘garden office’ or ‘campus’ environment.

HISTORIC RESOURCES INVENTORY STATUS

The existing service repair building was constructed prior to 1966, however an exact date is unknown. The canopy structure and service writer building was constructed in the 1970s. No existing site improvements are listed on the City’s Historic Resources Inventory. Further, the Environmental Impact Report certified for this project on September 3, 2003 did not identify any adverse impacts to historic resources resulting from this project.

RENT CONTROL STATUS

The subject site is commercial property exempt from Rent Control.

FEES

The project is not subject to any special City Planning related fees.

PUBLIC NOTIFICATION

On November 18, 2003, the applicant was notified by electronic mail of the subject hearing date.

ANALYSIS

Background

On September 3, 2003, the Planning Commission conducted a public hearing on the proposed project. The Commission certified the associated Environmental Impact Report, Statement of Overriding Considerations and Mitigation Monitoring Plan. Staff identified two concerns with the project, including compliance with the General Plan policy that ensures a landscaped setback adjacent to Olympic Boulevard and concerns regarding the on-site delivery and loading of new cars from large vehicle carriers. The Planning Commission postponed action on the requested discretionary entitlements in order to allow the applicant an opportunity to address these concerns. The following analysis responds to these specific concerns and the applicant’s revised plans. More detailed staff analysis on other aspects of the project is provided in the previous Planning Commission staff report, which is provided as Attachment D.

General Plan Compliance

Land Use Element Policy 3.4.9 of the General Plan requires landscaped open space visible from the street, including landscaped setbacks from the street, in order to create a ‘garden office’ or ‘campus’ environment. While the setback adjacent to the existing auto repair building is approximately 30 feet, and will remain unchanged, the amount of landscaping in front of the proposed automobile sales portion of the parcel extended only 2.5 feet from the front property line. The General Plan specifies a minimum landscaped area adjacent to Olympic Boulevard as being between five and 20 feet. The project has been revised to provide five feet of landscaping from the front parcel line. Landscaped islands continue to extend approximately 18 feet from the front parcel line but have been increased in area resulting in approximately 635 square feet of additional landscaping visable from the street. As a result, the project as redesigned meets the specific criteria set forth in the General Plan. In fact approximately 70% of the front 30 feet of the parcel adjacent to Olympic Boulevard is landscaped.

On-Site Circulation

The applicant revised the site plan to provide a designated path of travel and loading area for the large car carriers. Vehicle loading and unloading will occur adjacent to the proposed building between the showroom and surface parking spaces. Staff reviewed the proposed circulation plan including access driveways, turning radii, location of loading/unloading activity and circulation improvements. The proposed design addresses the previous concerns and is a feasible alternative. However, staff notes that nine of the surface parking lots would not comply with the City’s backup distances when a car carrier is parked in the designated location. While the impacted parking spaces are not included as required parking spaces, staff anticipates that most showroom customers will utilize these spaces because of the location and convenience. Therefore, it is appropriate to require the surplus spaces to have the same usability and accessibility as required parking during peak sales operations. Staff has added a condition of approval (Condition No. 33) requiring the loading, unloading and parking of vehicles in the designated car carrier area to occur between the hours of 8:00 AM and 11:00 AM Monday through Saturday. Staff is concerned that without this condition, the usability of the surplus parking spaces would be compromised and may lead to unsafe vehicle conflicts and potential queuing on Olympic Boulevard. The proposed hour limitations are appropriate because it is the earliest time car carriers may unload vehicles pursuant to the Zoning Ordinance and requires removal of carriers at a time when customers are most likely to visit the showroom. Repair service customers would not be impacted by the car carrier loading zone or customer parking area because those vehicles have an alternative drop off location.

CEQA Status

An Environmental Impact Report (EIR) has been prepared for the proposed project in accordance with the California Environmental Quality Act (CEQA). The EIR, Mitigation Monitoring Plan and Statement of Overriding Considerations was adopted and certified by the Planning Commission on September 3, 2003. A copy of the Final EIR is available on the City’s website and at the public Planning Counter at City Hall.

CONCLUSION

The applicant requests approval to establish additional service repair bays within an existing building and construct a new automobile dealership. The new square footage being added to the parcel generates the need for a Development Review permit, and the dealership use itself is subject to approval of a Conditional Use Permit. A Variance is being requested to provide 14 of the required off-street parking spaces in a tandem configuration. The Planning Commission certified an EIR, Mitigation Monitoring Plan and Statement of Overriding Considerations on September 3, 2003. Two outstanding issues related to the circulation, loading and unloading of large car carries, and compliance with the General Plan were addressed by the applicant. Specifically, the applicant provided a designated circulation path and loading/unloading area on the property and increased the amount of on-site landscaping adjacent to Olympic Boulevard.

ALTERNATIVES

Other than the recommended action, the Planning Commission may:

A. Approve Development Review Permit (02DR-013), Conditional Use Permit (02CUP013), and/or Variance (02VAR022), based on revised findings and/or conditions.

B. Deny Development Review Permit (02DR-013), Conditional Use Permit (02CUP013), and/or Variance (02VAR022), based on revised findings.

RECOMMENDATION

It is recommended that the Planning Commission:

Approve Development Review Permit 02DR-013, Conditional Use Permit 02CUP013, and Variance 02VAR022, subject to conditions of approval and based on the following findings:

FINDINGS

DEVELOPMENT REVIEW FINDINGS

CONDITIONAL USE PERMIT FINDINGS

VARIANCE FINDINGS

CONDITIONS

Plans

3. Final parking lot layout and specifications shall be subject to the review and approval of the Transportation Management Division.

Architectural Review Board

7. Construction period signage shall be subject to the approval of the Architectural Review Board.

8. Plans for final design, landscaping, screening, trash enclosures, and signage shall be subject to review and approval by the Architectural Review Board.

10. As appropriate, the Architectural Review Board shall require the use of anti-graffiti materials on surfaces likely to attract graffiti.

Demolition

13. Until such time as the demolition is undertaken, and unless the structure is currently in use, the existing structure shall be maintained and secured by boarding up all openings, erecting a security fence, and removing all debris, bushes and planting that inhibit the easy surveillance of the property to the satisfaction of the Building and Safety Officer and the Fire Department. Any landscaping material remaining shall be watered and maintained until demolition occurs.

14. Street trees shall be maintained, relocated or provided as required in a manner consistent with the City’s Community Forest Management Plan 2000, per the specifications of the Open Space Management Division of the Community and Cultural Services Department and the City’s Tree Code (SMMC Section 7.40). No street trees shall be removed without the approval of the Open Space Management Division.

15. Immediately after demolition (and during construction), a security fence, the height of which shall be the maximum permitted by the Zoning Ordinance, shall be maintained around the perimeter of the lot. The lot shall be kept clear of all trash, weeds, etc.

16. Prior to issuance of a demolition permit, applicant shall prepare for Building Division approval a rodent and pest control plan to ensure that demolition and construction activities at the site do not create pest control impacts on the project neighborhood.

17. No demolition of buildings or structures 40 years of age or older shall be permitted until the end of a 60-day review period by the Landmarks Commission to determine whether an application for landmark designation shall be filed. If an application for landmark designation is filed, no demolition shall be approved until a final determination is made by the Landmarks Commission on the application.

18. Prior to issuance of any demolition permits, a demolition materials recycling plan shall be filed for approval by the Department of Environmental and Public Works Management which seeks to maximize the reuse/recycling of existing building materials.

19. The applicant shall submit a report from an industrial hygienist to be reviewed and approved as to content and form by the Environmental and Public Works Management/Environmental Programs Division. The report shall consist of a hazardous materials survey for the structure proposed for demolition. The report shall include a section on asbestos and in accordance with the South Coast AQMD Rule 1403, the asbestos survey shall be performed by a state Certified Asbestos Consultant (CAC). The report shall include a section on lead, which shall be performed by a state Certified Lead Inspector/Assessor. Additional hazardous materials to be considered by the industrial hygienist shall include: mercury (in thermostats, switches, fluorescent light); polychlorinated biphenyls (PCBs) (including light Ballast), and fuels, pesticides, and batteries.

Construction

20. Unless otherwise approved by the Department of Environmental and Public Works Management, all sidewalks shall be kept clear and passable during the grading and construction phase of the project.

21. Sidewalks, curbs, gutters, paving and driveways which need replacing or removal as a result of the project as determined by the Department of Environmental and Public Works Management shall be reconstructed to the satisfaction of the Department of Environmental and Public Works Management. Approval for this work shall be obtained from the Department of Environmental and Public Works management prior to issuance of the building permits.

22. Vehicles hauling dirt or other construction debris from the site shall cover any open load with a tarpaulin or other secure covering to minimize dust emissions. Immediately after commencing dirt removal from the site, the general contractor shall provide the City of Santa Monica with written certification that all trucks leaving the site are covered in accordance with this condition of approval.

23. A construction period mitigation plan shall be prepared by the applicant for approval by the Department of Environmental and Public Works Management prior to issuance of a building permit. The approved mitigation plan shall be posted on the construction site for the duration of the project construction and shall be produced upon request. As applicable, this plan shall 1) Specify the names, addresses, telephone numbers and business license numbers of all contractors and subcontractors as well as the developer and architect; 2) Describe how demolition of any existing structures is to be accomplished; 3) Indicate where any cranes are to be located for erection/construction; 4) Describe how much of the public street, alleyway, or sidewalk is proposed to be used in conjunction with construction; 5) Set forth the extent and nature of any pile-driving operations; 6) Describe the length and number of any tiebacks which must extend under the property of other persons; 7) Specify the nature and extent of any dewatering and its effect on any adjacent buildings; 8) Describe anticipated construction-related truck routes, number of truck trips, hours of hauling and parking location; 9) Specify the nature and extent of any helicopter hauling; 10) State whether any construction activity beyond normally permitted hours is proposed; 11) Describe any proposed construction noise mitigation measures; 12) Describe construction-period security measures including any fencing, lighting, and security personnel; 13) Provide a drainage plan; 14) Provide a construction-period parking plan which shall minimize use of public streets for parking; 15) List a designated on-site construction manager; 16) Provide a construction materials recycling plan which seeks to maximize the reuse/recycling of construction waste; 17) Provide a plan regarding use of recycled and low-environmental-impact materials in building construction; 18) provide a construction period water runoff control plan.

24. A sign shall be posted on the property in a manner consistent with the public hearing sign requirements. The sign shall identify the address and phone number of the owner and/or applicant for the purposes of responding to questions and complaints during the construction period. The sign shall also indicate the hours of permissible construction work.

25. The property owner shall ensure any graffiti on the site is promptly removed through compliance with the City's graffiti removal program.

26. A copy of these conditions shall be posted in an easily visible and accessible location at all times during construction at the project site. The pages shall be laminated or otherwise protected to ensure durability of the copy.

Environmental Mitigation

27. Ultra-low flow plumbing fixtures are required on all new development and remodeling where plumbing is to be added. (Maximum 1.6 gallon toilets and 1.0 gallon urinals and low flow shower head.)

28. To mitigate solid waste impacts, prior to issuance of a Certificate of Occupancy, project owner shall submit a recycling plan to the Department of Environmental and Public Works Management for its approval. The recycling plan shall include 1) list of materials such as white paper, computer paper, metal cans, and glass to be recycled; 2) location of recycling bins; 3) designated recycling coordinator; 4) nature and extent of internal and external pick-up service; 5) pick-up schedule; 6) plan to inform tenants/ occupants of service.

29. To mitigate storm water and surface runoff from the project site, an Urban Runoff Mitigation Plan may be required by the Department of Environmental and Public Works Management (EPWM) pursuant to Municipal Code Chapter 7.10. Applicant shall contact EPWM to determine applicable requirements, which include the following:

· Non-stormwater runoff, sediment and construction waste from the construction site and parking areas is prohibited from leaving the site;

· An sediments or materials which are tracked off-site must be removed the same day they are tracked off-site;

· Excavated soil must be located on the site and soil piles should be covered and otherwise protected so that sediments do not go into the street or adjoining properties;

· Washing of construction or other vehicles shall be allowed adjacent to a construction site. No runoff from washing vehicles on a construction site shall be allowed to leave the site;

· Drainage controls may be required depending on the extent of grading and topography of the site.

30. Pursuant to Mitigation Measure 4.5-1, the applicant/contractor shall prepare and implement a Construction Impact Mitigation Plan, prior to issuance of a building permit, to adequately manage traffic during construction. This plan shall be subject to review and approval by the City and, at a minimum, shall include the following: