City of Santa Monica

City Planning Division

 

PLANNING COMMISSION

STATEMENT OF OFFICIAL ACTION

 

 

PROJECT

 

CASE NUMBER:      Development Review 02-013, Conditional Use Permit 02-013, Variance 02-22

 

LOCATION:               3300 Olympic Boulevard

 

APPLICANT:             RTK Architects

 

Property

Owner:                    6400 LLC & 3300 Jaguar LLC

 

CASE PLANNER:    Jonathan Lait, AICP, Senior Planner

 

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.

 

 

CEQA STATUS:       An Environmental Impact Report (EIR) was prepared for this project and certified by the Planning Commission in accordance with the California Environmental Quality Act (CEQA).  The EIR concludes mitigable impacts in the area of construction related traffic and hazardous materials impacts, and unmitigable impacts in traffic and neighborhood effects. A Statement of Overriding Considerations for the unmitigable impacts and a Mitigation Monitorring Program was approved by the Planning Commission on January 7, 2004. The EIR was certified on September 3, 2003

 

 

 

PLANNING COMMISSION ACTION

 

January 7, 2004

Date.

 

X

Approval of Development Review Permit, Conditional Use Permit and Variance, based on the following findings and subject to the conditions below.

 

X

Approval of Resolution adopting a Statement of Overriding Considerations and Mitigation Monitoring Program

 

Denied.

 

Other.

 

 

EFFECTIVE DATES OF DISCRETIONARY ENTITLEMENTS IF NOT APPEALED:

 

January 22, 2004

 

 

 

EXPIRATION DATE OF DISCRETIONARY ENTITLEMENTS GRANTED:

 

January 22, 2005

 

 

 

 

LENGTH OF ANY POSSIBLE EXTENSION TO DISCRETIONARY ENTITLEMENTS OF EXPIRATION DATES:

 

Any request for an extension of the expiration date must be received in the City Planning Division prior to expiration of this permit.

 

Six Months

 

Each and all of the findings and determinations are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the Project.  All summaries of information contained herein or in the findings are based on the substantial evidence in the record.  The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact.

 

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

 

7.                  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.

 

8.                  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.

 

9.                  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.

 

10.             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.

 

11.             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.

 

12.             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.

 

13.             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.

 

14.             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.

 

15.             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.

 

16.             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.

 

17.             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.

 

18.             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

 

19.             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.

 

20.             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.

 

21.             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.

 

22.             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.

 

23.             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.

 

24.             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.

 

25.             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.

 

26.             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.

 

27.             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:

 

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.

 

VOTE RESOLUTION APPROVING THE STATEMENT OF OVERRIDING CONSIDERATIONS AND MITIGATION MONITORRING PROGRAM

 

Ayes:          Clarke, Hopkins, Johnson, O’Day

Nays:          Dad

Abstain:      None

Absent:       Brown

 

VOTE FOR DEVELOMENT REVIEW PERMIT, CONDITIONAL USE PERMIT AND VARIANCE ENTITLEMENTS

 

Ayes:          Clarke, Dad, Hopkins, Johnson, O’Day

Nays:          None

Abstain:      None

Absent:       Brown

 

NOTICE

 

If this is a final decision not subject to further appeal under the City of Santa Monica Comprehensive Land Use and Zoning Ordinance, the time within which judicial review of this decision must be sought is governed by Code of Civil Procedure Section 1094.6, which provision has been adopted by the City pursuant to Municipal Code Section 1.16.010.

 

I hereby certify that this Statement of Official Action accurately reflects the final determination of the Planning Commission of the City of Santa Monica.

 

 

_____________________________                    _____________________________

Darrell Clarke, Chairperson                       Date

 

I hereby agree to the above conditions of approval and acknowledge that failure to comply with such conditions shall constitute grounds for potential revocation of the permit approval.

 

 

 

Applicant's Signature

 

 

Print Name and Title

F:\PPD\SHARE\EIRTEMPS\3300 Olympic Boulevard (Hornburg Jaguar)\PC STOA.doc