Legislation Details

File #: HIST-10521    Version: 1 Subject:
Type: Historical Status: Public Hearing
In control: City Council Meeting Agenda
On agenda: 2/9/2009 Final action: 2/9/2009
Title: PUBLIC HEARING – Introduction of an Ordinance Amending the Zoning Code to Allow Car Washes as an Ancillary Use to Fueling Stations within a Portion of the East Washington Boulevard Overlay (EW) Zone.
Attachments: 1. PUBLIC HEARING – Introduction of an Ordinance Amen - PH-1__ZCA.EW Car Wash CC 2.9.09 Staff Report - FINAL.doc, 2. PUBLIC HEARING – Introduction of an Ordinance Amen - Introduction of Ordinance tho Amend Zoning Regarding Car Washes.pdf
City of Culver City, California City Council Agenda Item Report RECOMMENDATION: Staff recommends the City Council introduce an Ordinance amending Title 17, Zoning, of the Culver City Municipal Code (CCMC), Section 17.260.035, East Washington Boulevard Overlay (EW) Zone Table 2-11 (Allowed Uses), to allow car washes ancillary to vehicle fueling stations located east of Ballona Creek, subject to approval of a Conditional Use Permit (Attachment No. 1). PROCEDURE: 1. Mayor seeks motion to receive and file affidavit of mailing and positing of public notice. 2. Mayor calls on staff for a brief staff report and City Council poses questions to staff as desired. 3. Mayor seeks motion to declare the public hearing open, providing the applicant the first opportunity to speak, followed by the general public. 4. Mayor seeks a motion to close the public hearing after all testimony has been presented. 5. City Council thoroughly discusses the matter and arrives at its decision. BACKGROUND: Arco AM/PM fueling station submitted an application to amend the Zoning Code to allow car washes as an ancillary use to fueling stations within the East Washington Boulevard Overlay (EW) Zone subject to approval of a Conditional Use Permit Meeting Date: 02/09/09 Item Number: PH-1 AGENDA ITEM: PUBLIC HEARING – Introduction of an Ordinance Amending the Zoning Code to Allow Car Washes as an Ancillary Use to Fueling Stations within a Portion of the East Washington Boulevard Overlay (EW) Zone. Contact Person/Dept.: Jose Mendivil/CDD Phone Number: (310) 253-5757 Fiscal Impact: Yes [] No [X] General Fund: Yes [] No [X] Public Hearing: [X] Action Item: [] Attachments: [X] Public Notification: Notices were mailed to all the property owners and occupants east of National Boulevard (approximately 1,700 notices - 1/15/09); Published in the Culver City News (1/15/09 and 1/22/09); and notice was emailed to the Master E-Mail Notification List (02/04/09). Department Approval: Sol Blumenfeld (02/03/09) City Attorney Approval Carol Schwab (by H. Baker) (02/03/09) Chief Financial Officer Approval: Jeff Muir (by M. Noller) (02/04/09) City Manager Approval: Jerry Fulwood (02/04/09) City of Culver City, California City Council Agenda Item Report (CUP). On December 10, 2008, the Planning Commission held a public hearing to consider the proposed Zoning Code Amendment request. A detailed description of the proposed Zoning Code Amendment including existing conditions, analysis of area compatibility, potential impacts, and development standards through the CUP process is provided in Attachment No. 4, Planning Commission Staff Report dated December 10, 2008. At the public hearing and after thorough discussion, the Planning Commission revised the proposed Zoning Code Amendment. They narrowed the area in the EW Overlay Zone where a car wash (ancillary to a fueling station) can be located to east of Ballona Creek. Attachment Nos. 2 and 3 shows the portion of the EW Overlay Zone affected by the proposed Zoning Code Amendment. (There are two fueling stations in the EW Overlay Zone: an Arco station is located at the corner of Washington and La Cienega Boulevards; and a Mobil station is located at the corner of Washington Boulevard and Fairfax Avenue. Both are located east of Ballona Creek). The Planning Commission adopted Resolution No. 2008-P013 (Attachment No. 5) recommending approval of the Zoning Code Amendment to the City Council and adopted a Negative Declaration finding pursuant to the California Environmental Quality Act (CEQA) (Attachment No. 7). The City Council adoption of the proposed Zoning Code Amendment would allow car washes in the EW Overlay Zone |1010|. A car wash use would be allowed through the approval of a Conditional Use Permit process and only in conjunction with fueling stations that are located east of Ballona Creek. DISCUSSION: Current Conditions The EW Overlay Zone was originally created to encourage pedestrian oriented developments through design criteria. As evidenced over time, much of the EW Overlay Zone transitioned from predominantly light manufacturing, auto intensive, or other commercial uses to a pedestrian friendly commercial area with small neighborhood serving retail, restaurant, office/design, and art uses. However, the easternmost portion of the EW Overlay Zone (the area bounded by Ballona Creek and Fairfax Avenue) has not experienced similar patterns of transformation as that of the area of the EW Overlay Zone west of Ballona Creek. The eastern most area of the EW Overlay Zone (see Area Maps - Attachment Nos. 2 and 3) is dominated by non-pedestrian oriented uses (manufacturing, wholesale, warehouses, two fueling stations, and two tire repair facilities). Furthermore, the uses in the area south of this eastern portion of the EW Overlay Zone can be similarly characterized with light industrial and non-pedestrian oriented commercial uses. Based on existing City of Culver City, California City Council Agenda Item Report uses and the pattern of new uses entering this area, the eastern portion of the EW Overlay Zone can be characterized as auto oriented rather than neighborhood serving or pedestrian oriented. As recommended by the Planning Commission. the limitation of the area (east of Ballona Creek) in which a car wash can be located, in effect reduces the potential for new car washes to the two fueling stations within the EW Overlay Zone, both of which are located east of Ballona Creek. This limitation eliminates potential impacts to residential areas as they are located west of the Creek. Attachment No. 8 is an excerpt from the CCMC that provides development standards and lists the allowed uses in the EW Overlay Zone. The EW Overlay Zone is primarily a pedestrian oriented commercial zone that allows some light manufacturing uses and vehicle related uses such as incidental repair, maintenance/repair, and impounding/storage either through an Administrative Use Permit or Conditional Use Permit. Other vehicle related uses allowed in the EW Overlay Zone include vehicle sales (in a completely enclosed space), retail auto parts sales (similar to other general retail uses), and fueling stations. These same vehicle related uses noted above are allowed in most or all other Commercial Zones in the City with the exception of the Commercial Downtown (CD) Zone. See Attachment No. 9 for the list of allowed uses in all other commercial zones. Where permitted in the Zoning Code, a CUP is required for all proposed car washes. As to other commercial uses, the EW Overlay Zone allows similar commercial retail, service, and office uses as allowed in other Commercial Zones. Development Standards Through CUP Process Although there are no existing specific development standards in the Zoning Code for car washes, the required CUP process will allow the City the opportunity to require conditions as appropriate, to mitigate specific potential impacts identified with each application. Further there are no extraordinary circumstances in the commercial EW Overlay Zone setting it apart from other commercial zones that would necessitate car wash development standards for only the EW Overlay Zone. Through the CUP process, conditions of approval can be developed (depending of the nature of the project site) that address development issues such as noise, traffic and circulation, parking, and architectural and site design. In addition, monitoring conditions can be imposed if warranted to ensure compliance. If projects are not in compliance, the CUP could be referred back to the Planning Commission. City of Culver City, California City Council Agenda Item Report Noise Through the CUP process, the City will review each car wash application and require as appropriate, conditions of approval to mitigate noise. Generally, a car wash ancillary to a fueling station is automated and can be characterized as a small operation not expected to create significant noise levels. Currently, as part of the application process for car washes that are either stand alone or ancillary to a fueling station, the City requires submission of a noise study. This requirement will be the same for a CUP request in the EW Overlay Zone. The CUP review process, with the aid of the required noise study could result in design conditions that help to lessen noise impacts. Such design related conditions could include lengthening of the carwash bay tunnel to further insulate noise generated in the tunnel, the location of the vacuums, and perimeter sound walls to help deflect noise. Traffic and Circulation The CUP review process for car washes always requires that the applicant submit a traffic circulation analysis to determine how the car wash can be designed to reduce or eliminate queuing on the public right-of-way. This analysis also looks at the on- site circulation for gas patrons and car wash patrons. This same traffic and circulation review procedure will be followed for CUP applications in the EW Overlay Zone. With each CUP application, conditions or site plan revisions could be required that address on-site circulation and queuing on the public right-of-way. This could also lead to conditions that require that existing road, curb, and access designs be revised to minimize potentially hazardous public right-of-way situations. Other potential traffic related impacts to surrounding uses can be addressed through conditions and monitoring as warranted. Parking As with car washes in other commercial zones, car washes in the EW Overlay Zone will be subject to current parking requirements in the Zoning Code. The CUP process will allow staff to review each application and impose additional parking related conditions if site conditions warrant such mitigations. Architectural and Site Design With each CUP application, architectural and site design is reviewed and this will continue with CUP applications for car washes in the EW Overlay Zone. Such review will pay special attention to how site design can alleviate visual, noise, and queuing impacts. Conditions or revisions to architecture or site layout will be required if impacts are identified. Landscaping and subdued lighting may also be City of Culver City, California City Council Agenda Item Report required that further softens architectural impacts. These review practices are currently followed and will not change for CUP applications in the EW Overlay Zone. Monitoring and Compliance As stated above conditions requiring monitoring of operations, including noise, traffic, parking and site layout can be can be imposed to ensure compliance with conditions and compatibility with adjacent uses. Non-compliance can result in the CUP being referred back to the Commission for addition and/or revised conditions and potential revocation if necessary. Conclusion From a land use compatibility perspective, the proposed text amendment’s limited scope balances the need to provide a service commonly associated with a fueling station and the need to protect nearby residential areas from any potential negative impact of such a use. The CUP process would subject the ancillary car wash use to the same review process as would occur for a car wash in other commercial zones. This includes CEQA review, analysis of noise and traffic circulation impacts, review of design compatibility with surrounding architecture, a public hearing, and revocation of the CUP should violations of conditions occur once the project is operational. Commission Recommendation and Findings The Planning Commission recommended the City Council approve the Zoning Code Text Amendment request based on the findings pursuant to CCMC Section 17.620.030, as outlined in the proposed Ordinance (Attachment No. 1). Environmental Determination Pursuant to the California Environmental Quality Act (CEQA) guidelines, an Initial Study and Negative Declaration finding has been prepared and circulated for review for the proposed project. The Planning Commission adopted the Negative Declaration finding on December 10, 2008 (Attachment No. 7). FISCAL ANALYSIS: Adoption of the ordinance in and of itself will not generate any cost to the City nor will it create any additional revenues. However, should the ordinance be passed, the City may potentially garner additional tax revenue from fueling stations that add car washes to their operations should such operations result in additional profits. City of Culver City, California City Council Agenda Item Report Additional sewer fees could also be generated by the introduction of car washes to fueling stations. Discretionary application fees will also be collected for the processing of CUP’s. ATTACHMENTS: 1. Ordinance No.____ amending Title 17, Zoning, of the Culver City Municipal Code, Section 17.260.035, East Washington Boulevard Overlay (EW) Zone Table 2-11 (Allowed Uses), to allow car washes ancillary to vehicle fueling stations located east of Ballona Creek, subject to approval of a Conditional Use Permit. 2. Area Map (showing Notice Area). 3. Aerial Map (showing Notice Area). 4. December 10, 2008, Planning Commission Staff Report. 5. Planning Commission Resolution No. 2008-P013. 6. December 10, 2008, Draft Planning Commission Minutes. 7. Initial Study/Negative Declaration dated November 19, 2008. 8. EW Section 17.260.035 Excerpt from the CCMC. 9. CCMC Excerpt of Allowed Uses in Commercial Zones. MOTIONS: That the Council: 1. Determine that no additional environmental information is needed based on the Planning Commission’s adoption of a Negative Declaration finding that Zoning Code Amendment, ZCA P-2008115 will not have a significant adverse impact on the environment; and, 2. Introduce an Ordinance amending Title 17, Zoning, of the Culver City Municipal Code, Section 17.260.035, East Washington Boulevard Overlay (EW) Zone Table 2-11 (Allowed Uses), to allow car washes ancillary to vehicle fueling stations located east of Ballona Creek, subject to approval of a Conditional Use Permit. |1010| History of the East Washington Boulevard Overlay Zone On December 27, 1994, the City Council adopted the East Washington Boulevard Overlay Zone to provide special zoning regulations necessary for the successful implementation of the East Washington Boulevard Revitalization Program. Adoption of the EW Overlay Zone was the culmination of numerous public workshops, meetings, and hearings dating back to May of 1990. The key purpose for these meetings and the formation of City of Culver City, California City Council Agenda Item Report the EW Overlay Zone was to revitalize the East Washington Boulevard area which was perceived by some as neglected and blighted. The EW Overlay Zone was drafted to encourage preferred pedestrian oriented commercial and light manufacturing uses while prohibiting other “undesirable uses”. The EW Overlay Zone established design and storefront guidelines to create a pedestrian friendly environment and also stipulated performance standards which require business activities to be conducted fully indoors; screening walls between commercial and residential uses; and standards pertaining to dust, gas, noise, odor, smoke, and vibration. When the EW Overlay Zone was established, there was a preponderance of vehicle related uses along Washington Boulevard that were having negative impacts to the abutting residential areas to the north and south. During the many public meetings, vehicle related uses perceived to be undesirable such as auto repair, auto body, towing businesses, and car washes were identified. In reviewing past minutes and reports, staff could find no specific reasons for prohibiting car washes in the EW Overlay Zone other than their perceived “undesirability” and therefore they were listed as a prohibited use. The public expressed an interest in limiting auto repair services and auto related uses due to their typically unattractive appearance and negative impacts. The community called for more neighborhood serving retail uses, markets, pharmacies, and dry cleaners from La Cienega Boulevard to Helms Avenue and limited industrial uses between National Boulevard and Helms Avenue and La Cienega Boulevard and Fairfax Avenue. The EW Overlay Zone required that all existing auto related uses servicing vehicles outside of a completely enclosed building which were established prior to January 26, 1995 and not in conformance with the adopted provisions of the EW Overlay Zone, either be removed or modified to conform to the requirements within 5 years of January 26, 1995. All auto related uses in the EW Overlay Zone have abided by that due date. With the establishment of the EW Overlay Zone and the amortization requirement and performance standards noted above, many of these auto related uses have been replaced as the area has seen a period of gentrification over the past 10 years with new uses being established including an active arts community, restaurants, design related offices and studios, home/office furnishing, small scale retail, as well as light manufacturing and automotive related uses. Most remaining auto related uses are located along the eastern portion of Washington Boulevard away from the residential areas and/or have conducted their activity fully indoors pursuant to the EW Overlay Zone provisions. 2/09/09 Introduction of an Ordinance Amending the Zoning Code to Allow Car Washes as an Ancillary Use to Fueling Stations within a Portion of the East Washington Boulevard Overlay (EW) Zone. MEETING DATE: AGENDA ITEM: ATTACHMENTS Pages 1. Ordinance No. amending Title 17, Zoning, of the Culver City Municipal Code, Section 17.260.035, East Washington Boulevard Overlay (EW) Zone Table 2-11 (Allowed Uses), to allow car washes ancillary to vehicle fueling stations located east of Ballona Creek, subject to approval of a Conditional Use Permit. 1 - 6 2. Area Map (showing Notice Area). 7 3. Aerial Map (showing Notice Area). 8 4. December 10, 2008, Planning Commission Staff Report. 9- 15 5. Planning Commission Resolution No. 2008-P013. 16 - 20 6. December 10, 2008, Draft Planning Commission Minutes. 21 - 23 7. Initial Study/Negative Declaration dated November 19, 2008. 24 - 39 8. EW Section 17.260.035 Excerpt from the CCMC. 40 - 44 9. CCMC Excerpt of Allowed Uses in Commercial Zones. 45 - 47Attachment No. 1 ORDINANCE NO. 2009- AN ORDINANCE OF THE CITY OF CULVER CITY, CALIFORNIA, AMENDING TITLE 17, ZONING, OF THE CULVER CITY MUNICIPAL CODE (CCMC), SECTION 17.260.035 EAST WASHINGTON OVERLAY ZONE TABLE 2-11, ALLOWED USES, TO ALLOW CAR WASHES ANCILLARY TO A VEHICLE FUELING STATION, SUBJECT TO APPROVAL OF A CONDITIONAL USE PERMIT (CUP), AS SET FORTH IN EXHIBIT "A" ATTACHED HERETO. (Zoning Code Amendment P-2008115) WHEREAS, on August 18, 2008, AGC Design Concept on behalf of Arco AM/PM filed an application for a Zoning Code Text Amendment to amend Section 17_260.035 of the Culver City Municipal Code (CCMC) to allow carwashes as an ancillary use to fueling stations within the East Washington Boulevard Overlay (EW) Zone subject to approval of a Conditional Use Permit (CUP); and, WHEREAS, on December 10, 2008, the Planning Commission conducted a duly noticed public hearing on Zoning Code Amendment, ZCA P-2008115, fully considering all reports, studies, testimony, and environmental information presented; and determined by a vote of 4 to 0 that Zoning Code Amendment, ZCA P-2008115, should be recommended to the City Council for adoption; and, WHEREAS, on December 10, 2008, in accordance with the California Environmental Quality Act (CEQA), the Planning Commission determined that Zoning Code Amendment, ZCA P-2008115, will not have significant impacts on the environment and adopted a Negative Declaration; and, WHEREAS, on February- 9, 2009, the City Council conducted a duly noticed public hearing on Zoning Code Amendment, ZCA P-2008115, fully considering all reports, studies, testimony, and environmental information presented and determined by a vote of|101010101010101010 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Page 1that Zoning Code Amendment, ZCA P-2008115, shall be adopted as set forth herein below. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CULVER CITY, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Pursuant to the foregoing and as outlined in CCMC Title 17, Section 17.620.030 of the CCMC, the following findings for a Zoning Code (Text) Amendment are hereby made: 1. The proposed amendment ensures and maintains internal consistency with the goals, policies, and strategies of all elements of the General Plan and will not create any inconsistencies with this title, in the case of a Zoning Code amendment. Zoning Code Amendment, ZCA P-2008115 ensures and maintains internal consistency with the goals, policies, and strategies of all elements of the General Plan and will not create any inconsistencies with this title because the EW Overlay Zone is a Commercial Overlay Zone that allows varied commercial uses and limited light manufacturing uses. The EW Zone allows similar vehicle related uses as allowed in the other Commercial Zones. Car washes as part of fueling stations are allowed with a CUP in the other Commercial Zones. This amendment would make the EW Overlay Zone consistent with the other Commercial Zones as it relates to this particular use. The proposed amendment is consistent with Objective 6 of the General Plan Land Use Element which calls for economic revitalization of the City's commercial corridors. There are no car wash operations in the immediate area. This amendment is consistent with Policy 6.G of the General Plan Land Use Element which encourages the introduction of neighborhood serving commercial uses that serve nearby residential areas lacking such services. Because the amendment requires the use be allowed only after approval of a CUP, any requests fo r a car wash ancillary to a fueling station will have to be reviewed for consistency with other General Plan elements of the City and with this title; therefore ensuring said consistencies are maintained. 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the City. The Zoning Code Amendment will not be detrimental to the public interest, health, safety, convenience or welfare of the City because the amendment will require that a proposed car wash be subject to the same thorough review process as would occur for a car wash in other Commercial Zones. This includes a California Environmental Quality Act (CEQA) analysis, analysis of noise and traffic circulation Page 2 0).|1010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29impacts, review of design compatibility with surrounding architecture, imposition of conditions and mitigation measures to lessen impacts to surrounding areas, a public hearing, and revocation of the CUP should violations of conditions occur once the project is operational. This review process is meant to address impacts that would otherwise be detrimental to the public interest, health, safety, convenience or welfare of the City. Further, the limited scope of the amendment as an ancillary use to fueling stations for only that portion of the EW Overlay Zone east of Ballona Creek will lessen the potential for negative impacts to residential areas because the far eastern portion of the EW Overlay Zone is currently dominated by auto related manufacturing and commercial uses. 3. The proposed amendment is in compliance with the provisions of the California Environmental Quality Act (CEQA). Pursuant to CEQA guidelines a Negative Declaration has been prepared; the proposed Zoning Code Text Amendment has been determined to have less than significant impacts on the community. The proposed amendment is consistent with the Zoning Code regulations, and the Initial Study determined that expected impacts from future uses allowed with this amendment will be below thresholds of significance provided mitigations are required, should such mitigations be identified during the CEQA review at the project specific level. SECTION 2. Pursuant to the foregoing recitations and findings, the City Council of the City of Culver City, California, hereby adopts Zoning Code Amendment, ZCA P-2008115, thereby amending the Culver City Municipal Code (CCMC), section 17.260.035, East Washington Overlay Zone Table 2-11, Allowed Uses, as set forth in Exhibit "A" attached hereto and incorporated herein by reference. SECTION 3. Pursuant to Section 619 of the City Charter, this Ordinance shall take effect thirty (30) days after the date of its adoption. Pursuant to Sections 616 and 621 of the City Charter, prior to the expiration of fifteen (15) days after the adoption, the City Clerk shall cause this Ordinance, or a summary thereof, to be published in the Culver City News and shall post this Ordinance or a summary thereof in at least three places within the City. Page 3|101010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29SECTION 4. The City Council hereby declares that, if any provision, section, subsection, paragraph, sentence, phrase or word of this ordinance is rendered or declared invalid or unconstitutional by any final action in a court of competent jurisdiction or by reason of any preemptive legislation, then the City Council would have independently adopted the remaining provisions, sections, subsections, paragraphs, sentences, phrases or words of this ordinance and as such they shall remain in full force and effect. APPROVED and ADOPTED this day of , 2009. SCOTT MALSIN, Mayor City of Culver City, California ATTESTED BY: APPROVED TO AS FORM: MARTIN COLE, City Clerk CAROL SCHWAB, City Attorney|101010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Page 4ORDINANCE NO. 2009- Damn' A TABLE 2-11 Allowed Uses and Permit Requirements for the East Washington Boulevard Overlay (-EVV) P Permitted Use CUP Conditional Use Permit required AUP Administrative Use Permit Required - Use not allowed LAND USE (1) Permit Requirement See Specific Use Regulations: INDUSTRY MANITF'ACTURING & PROCESSING Fabric products manufacturing, 5,000 sq.ft. or less AUP Fabric products manufacturing, 5,001 to 10,000 sq.ft. CUP Food and beverage manufacturing, 5,000 sq.ft. or less (2) AUP Food and beverage manufacturing, 5,001 to 10,000 sq.ft (2) CUP Furniture/fixtures manufacturing, 5,000 sq.ft. or less (3) AUP Furniture/fixtures manufacturing, 5,001 to 10,000 sq.ft. (3) CUP Handcraft industries, 5,000 sq.ft. or less (3) AUP Printing and publishing, 10 employees maximum P Recycling facility - Incidental small collection AUP 17.400.090 Recycling facility - Large collection (4) CUP 17.400.090 Recycling facility - Small collection CUP 17.400.090 Second hand stores AUP E REATION EDUCATION & PUBLIC ASSEMBLY Clubs, lodges, and private meeting halls AUP Health/fitness facilities P Indoor amusement/entertainment facilities AUP Religious places of worship P Private Schools (5) CUP Public Schools P Studios — Art, dance, music, photography, etc. P Theaters P Live/work units P 17.400.060 Mixed Use Project P 17.400.065 Auto and vehicle sales/rental (6)(7) P Auto parts sales, retail P Convenience stores (8) P General retail stores (8) P Internet eafo P Notes: (1) See Article 7 for definitions of the land uses listed. (2) Includes packaging, processing, and wholesaling. (3) Includes assembly, restoration, and wholesaling. (4) Use only allowed on a site located a minimum of 300 ft from any residential zone. (5) AUP required for schools up to 1,500 sq.ft. in area. (6) All business activities with no outdoor display, storage or repair areas permitted shall be conducted wholly within completely enclosed buildings. (7) Used vehicles sales and service shall only be allowed incidental to new vehicle sales. (8) For permit requirements related to the sale of Alcoholic Beverages, see Section 17.400.015. Table continues on next pageORDINANCE NO. 2009- EXHIBIT A TABLE 2-1 1 Alined Us es and Permit Requirements for the Fast Washington Boulevard therlay (-EW) P Permitted Use CUP Conditional Use Permit required AUP Administrative Use Permit Required - Use not allowed LAND ISE (I ) Permit Requirement See Specific Use Regulations: RETAIL TRADE continue Outdoor retail sales and display P 17.400.075 Pet shops P Plant nurseries, retail P Restaurants, counter service (2) P(3) Restaurants, outdoor dining (2) AUP Restaurants, table service (2) P Second hand stores P SFRVICE Adult day care facilities CUP Automated tellermachines (ATMs) P 17.400.025 Banks and financial services P Business and consunwr support services P Child day care centers CUP 17.400.035 Hotels and motels CUP Medical services - Office/clinics (4) P Medical services - Labs (4) P Medical services - Hospitals CUP Mortuaries P Offices P Personal services, mept psychic readers P Vehicle services - Fueling station P 17.400.120 '.Velliele sem ices : ::-- Cm Waslit51: :: : CIJr: - . ... Vehicle services - Fueling, incidental repair CUP 17.400.120 Vehicle services - Impounding/storage AUP 17.400.125 Vehicle services - Maintenance/ - • air (65) CUP 17.400.125 Veterinary clinics and animal hospitals (76) AUP 17.400.020 TRANSPORTATION & COMMUNICATIONS Broadcast studios P Parking facilities AUP Pipelines and utility lines P Telecommunications facilities, cellular AUP 17.400.110 Telecommunications facilities, wireless antenna See Section 17.400.110 for pennit requirements Notes: (1) See Article 7 for definitions of the land uses listed (2) For permit requirements relat ed to the sale of Alcoholic I3everages see etion. 17.400.015 (3) If counter service restaurant is stand-alone, then a CUP is required (4) Excluding animal experimentation. ,:(5)Oiih allo4.1 : a's aneiflarVilo hi. i lu qj Ons:that atcl :oeatCd tst of I a Itallonu 6eck. (6) Use only allowed indoors. (76) Use only allowed on a site located a minimum of 200 feet from any residential zone.AREA MAP Legend r_D City Boundary Freeways Streets Parcels PINT), PF ." ---- Public Notice Area Approximate Boundary of EW Zone Portion of EW Zone Affected by Amendment : 5tefle Map center: 37° 9113 N, 58° 50 27" W Scale: 1:14,327 This map is a user generated static output from an Internet mapping site and is for general reference only. Data layers that appear on this map may or may not be accurate, current, or otherwise reliable, THIS MAP IS NOT TO BE USED FOR NAVIGATION.PUBLIC NOTICE AREA PORTION OF Et/V ZONE AFFECTED BYAMENDMENT EW ZONING CODE AMENDMENT AERIAL MAP DETAIL ATTACHMENT NO. 3Attachment No. 4 City of Culver City, California Planning Commission Agenda Item Report Meeting Date: December 10, 2008 Item Number: PH-1 AGENDA ITEM: Zone Code Text Amendment and Negative Declaration to allow carwashes as an ancillary use to fueling stations within the East Washington Boulevard Overlay (EW) Zone subject to approval of a Conditional Use Permit. Contact Person/Dept.: Jose Mend ivil, Phone Number: (310) 253-57575 Associate Planner Public Hearing: [X] Action Item: 0 Attachments: [X] Public Notification: Published in the Culver City News on November 20, 2008, and November 27, 2008; on November 19, 2008, notices mailed to all the property owners and occupants east of National Boulevard (approximately 1,700 notices); and notice emailed to the Master Notification List. Planning Approval: Thomas Gorham, Planning Manager 12/2108 RECOMMENDATION: That the Planning Commission: 1. Adopt a Negative Declaration based on the Initial Study finding that the project will not have a significant adverse impact on the environment (Attachment No. 3); and, 2. Recommend Approval to the City Council of Zone Code Text Amendment, ZCA P-2008115 as stated in Resolution No. 2008-P013 (Attachment No. 4) to amend Section 17.260.035 of the Culver City Municipal Code to allow carwashes as an ancillary use to fueling stations within the East Washington Boulevard Overlay (EW) Zone subject to approval of a Conditional Use Permit. PROCEDURES: 1. Chair calls on staff for a brief staff report and Commission poses questions to staff as desired. 2. Chair opens the public hearing, providing the applicant the first opportunity to speak, followed by the general public. 3. Chair seeks a motion to close the public hearing after all testimony has been presented. 4. Commission discusses the matter and arrives at its decision. n|1010|age 1 0City of Culver City, California Planning Commission Agenda Item Report BACKGROUND: The applicant, on behalf of Arco AMPM wishes to add a car wash at the Arco AMPM fueling station located at 5884 Washington Boulevard in the East Washington Boulevard Overlay (EVV) Zone. The EW Zone is a commercial overlay zone allowing various retail, commercial, and office uses along with limited light manufacturing. The EVV Zone allows fueling stations but not car washes. Car washes are allowed in all other commercial zones in the City subject to the approval of a Conditional Use Permit (CUP), except the Commercial Downtown (CD) Zone. In order to accommodate the applicant's desire to add a car wash to the existing fueling station, a Zoning Text Amendment is necessary to include car washes as a permitted use in the EW Zone subject to approval of a CUP consistent with the requirements for car washes in other commercial zones in the City. If the Zoning Text Amendment is approved, the applicant would be required to submit a CUP application in order to permit the car wash use. Existing Conditions On December 27, 1994, the Culver City City Council adopted the East Washington Boulevard Overlay Zone Ordinance to provide special zoning regulations necessary for the successful implementation of the East Washington Boulevard Revitalization Program. Adoption of this ordinance was the culmination of numerous public workshops, meetings, and hearings dating back to May of 1990. The key purpose for these meetings and the formation of the overlay zone was to revitalize the East Washington Boulevard area which by 1990 was perceived by some as neglected and blighted_ The overlay zone was drafted to encourage preferred commercial and light manufacturing uses while prohibiting other "undesirable uses". The overlay zone established design and storefront guidelines to create a pedestrian friendly environment and also required performance standards which require business activities to be conducted fully indoors, screening walls between commercial and residential uses, and standards pertaining to dust, gas, noise, odor, smoke, and vibration. The EW Zone spans both the north and south Washington Boulevard frontages east of National Boulevard to Fairfax Avenue, and is located on the northeast end of Culver City bordered by the City of Los Angeles (See attached Aerial Map — Attachment No. 2). It is primarily a commercial zone that allows some small, light manufacturing uses with either an Administrative Use Permit or CUP. Uses in the overlay zone include offices, architectural and design studios, general retail, furniture wholesale and home appliances, restaurants, galleries, automotive repair, tire repair and sales, two fueling stations, a laundromat, light clothing and accessory manufacturing, and services for disabled individuals. /0 hiage 2 Ot /City of Culver City, California Planning Commission Agenda Item Report The EW Zone is surrounded by the City of Los Angeles to the north and east and Culver City to the south and west. More specifically, west of the zone is an industrially zoned area with uses including automotive repair, light manufacturing, offices, an elementary school, and abandoned car dealerships. To the east and in the City of Los Angeles are uses that include light manufacturing, automotive repair, the 1-10 freeway, a Cal Trans and Metro storage facility, and residential uses. North of the EW Zone and also in the City of Los Angeles there are single and multiple family residential neighborhoods. South of the EW Zone and between Ballona Creek and Fairfax Avenue is an industrial zone that includes automotive, studio, light industrial and wholesale uses. Single and multi-family residential areas exist south of the zone west of BatIona Creek with a portion of light industrial and retail uses at the southwest end of the overlay zone. Project Description The applicant is requesting to amend Section 17.260.035 of the Culver City Municipal Code to allow carwashes as an ancillary use to fueling stations within the East Washington Boulevard Overlay (EW) Zone subject to approval of a Conditional Use Permit (CUP). ANALYSIS: Area Compatibility/General Plan & Zoning The proposed zoning code text amendment would allow carwashes as an ancillary use to fueling stations in the EW Zone. Attachment No. 5 is an excerpt from the Culver City Municipal Code (CCMC) that provides development standards and lists the allowed uses in the EW Zone. As an overlay zone superseding both commercial and industrial underlying zones, the EW zone is primarily a Commercial Zone that allows some light manufacturing uses with discretion (either through an Administrative or Conditional Use Permit — AUP or CUP). Several vehicle related uses are allowed in the Zone including incidental repair, maintenance/ repair, and impounding/storage; all requiring either an AUP or CUP. Vehicle sales, vehicle parts sales, and fueling stations are allowed by right. These same vehicle related uses are allowed in most or all other commercial zones with the exception of the Commercial Downtown (CD) zone — the most restrictive of the various commercial zones. See Attachment No. 6 for the list of allowed uses in all other commercial zones. Vehicles car washes are allowed with a CUP in all the commercial zones except the CD and EW Zones. The EW Zone, as a commercial overlay zone, allows similar commercial retail, service, and office uses as allowed in other commercial zones. Hage otCity of Culver City, California Planning Commission Agenda Item Report Currently the EW Zone is characterized by small scale businesses representing the retail, restaurant, office and design studio, art gallery, home/office furnishing, light manufacturing, and automotive related sectors. The automotive related uses include two fueling stations, an auto body shop, and some tire/minor repair shops. As already stated, the amendment would allow vehicle car washes with a CUP, as required in other commercial zones, but only as ancillary to a fueling station. In other commercial zones a stand alone car wash can be allowed with a CUP. When the EW Zone was established, there was a preponderance of vehicle related uses along Washington Boulevard that were having negative impacts to the abutting residential areas to the north and south. During the many public meetings, vehicle related uses such as auto engine and body repair were identified as undesirable. The overlay zone required that all existing auto related uses servicing vehicle outside of a wholly enclosed building which were established prior to January 26, 1995 and not in conformance with the adopted provisions of the overlay zone either be removed or modified to conform to the requirements within 5 years of January 26, 1995. All auto related uses in the EW Zone have abided by that deadline date. Staff could find no specific reasons for prohibiting car washes in the EW Zone other than they were perceived as "undesirable". With the establishment of the EW Zone and the amortization requirement and performance standards noted above, many of these auto related uses have been replaced as the area has seen a period of gentrification over the past 10 years with new uses being established including an active arts district, restaurants, and design related offices and studios. Most remaining auto related uses are located along the eastern portion of Washington Boulevard away from the residential areas and/or have conducted their activity fully indoors pursuant to the EW Zone provisions. In recognition of the proximity of commercial lots along Washington Boulevard to residential uses abutting to the north and south, staff is recommending limiting car wash uses only ancillary to fueling stations. This limitation will prohibit stand alone car washes that may otherwise be located on the commercial lots abutting residential uses. The limited scope of the text amendment will result in car washes being permitted at two existing fueling stations in the EW Zone, the subject Arco AM/PM at La Cienega and Washington and the Mobil station at Fairfax and Washington, both of which are not in close proximity to residential uses. From a land use compatibility perspective, the proposed text amendment's limited scope balances the need to provide a service commonly associated with a fueling station and at the same time protect adjacent residential areas from any potential negative impact of such a use. Further, the CUP process would subject the ancillary car wash use to the same review process as would occur for 12N Page 4 ot /City of Culver City, California Planning Commission Agenda item Report a car wash in other commercial zones, a public hearing before the Planning Commission. With regards to the General Plan, the proposed amendment is consistent with Objective 6 of the General Plan Land Use Element which calls for economic revitalization of the City's commercial corridors. Further, there are no small car wash operations in the immediate area. This amendment is consistent with Policy 6.G of the General Plan Land Use Element which encourages the introduction of neighborhood serving commercial uses that serve nearby residential areas lacking such services. Development Standards Through CUP Process Although there are no existing specific development standards in the Zoning Code for car washes, the CUP required process will allow the City the opportunity to require specific conditions depending on the specifics of each project site for each application. Further there are no extraordinary circumstances in the commercial EW Zone that set it apart from other commercial zones that would in turn trigger car wash development standards for only the EW Zone. Through the CUP process, conditions of approval can be crafted (depending of the nature of the project site) that address development standard issues such as noise, traffic and circulation, parking, and architectural and site design. In addition, monitoring conditions can be imposed if warranted to ensure compliance. If projects are not in compliance, the CUP could be referred back to the Planning Commission. Noise Through the CUP process, the City will review each car wash application and require as appropriate, conditions of approval to mitigate noise. Generally, a car wash ancillary to a fueling station is automated and can be characterized as a small operation not expected to create significant noise levels. But, the City has required noise studies as part of the application materials for other car wash CUP applications that are ancillary to fueling stations. This noise study application requirement will not change for CUP requests in the EW Zone. The CUP review process, with the aid of the required noise study could result in design conditions that help to lessen noise impacts. Such design related conditions could include lengthening of the carwash bay tunnel to further insulate noise generated in the tunnel, the location of the vacuums, and perimeter sound walls to help deflect noise. It must be noted that the only two fueling stations currently in EW (and that could benefit immediately by this amendment) are located east of Ballona Creek on the south side of Washington Boulevard. In this area of the EW Zone, there are no residential zones or uses south of the EW Zone; rather, there are light industrial and artisan uses. 13 Page b ot /City of Culver City, California Planning Commission Agenda Item Report Traffic and Circulation The CUP review process for car washes always requires that the applicant submit a traffic circulation analysis to determine how the car wash can be designed to reduce or eliminate queuing on the public right-of-way. This analysis also looks at the on-site circulation for gas patrons and car wash patrons. This same traffic and circulation review procedure will be followed for CUP applications in the EW Zone. With each CUP application, conditions or site plan revisions could be required that address on-site circulation and queuing on the public right-of-way. This could also lead to conditions that require that existing road, curb, and access designs be revised to minimize potentially hazardous public right-of-way situations. Other potential traffic related impacts to surrounding uses can be addressed through conditions and monitoring as warranted. Parking As with car washes in other commercial zones, car washes in the EW Zone will be subject to current parking requirements in the Zoning Code. The CUP process will allow staff to review each application and impose additional parking related conditions if site conditions warrant such mitigations. Architectural and Site Design With each CUP application, architectural and site design is reviewed and this will continue with CUP applications for car washes in the EW Zone. Such review will pay special attention to how site design can alleviate visual, noise, and queuing impacts. Conditions or revisions to architecture or site layout will be required if impacts are identified. Landscaping and subdued lighting may also be required that further softens architectural impacts. These review practices are currently followed and will not change for CUP applications in the EW Zone. Monitoring and Compliance As stated above conditions requiring monitoring of operations, including noise, traffic, parking and site layout can be can be imposed to ensure compliance with conditions and compatibility with adjacent uses. Non compliance can result in the CUP being referred back to the Commission for addition and/or revised conditions and potential revocation if necessary. L[ Hage b otCity of Culver City, California Planning Commission Agenda Item Report CONCLUSION: Based on the above analysis and the initial environment study, staff believes that the proposed Zoning Code Text Amendment can be recommended for approval. The limited scope of the proposed use that would be allowed with the amendment is consistent with existing site conditions for the EW Zone and balances the need to provide a service commonly associated with a fueling station and at the same time protect adjacent residential areas from any potential negative impact of such a use. The CUP process will ensure that potential impacts of car washes ancillary to fueling stations in the EW Zone are mitigated. ENVIRONMENTAL DETERMINATION: Pursuant to the California Environmental Quality Act (CEQA) guidelines a Negative Declaration has been prepared; the proposed Zoning Code Text Amendment has been determined to have less than significant impacts on the community. The proposed amendment is consistent with the Zoning Code regulations, and the Initial Study determined that expected impacts from future uses allowed with this amendment will be below thresholds of significance provided mitigations are required, should such mitigations be identified during the CEQA review. ALTERNATIVE OPTIONS: The following alternative actions may be considered by the Planning Commission: 1. Recommend that the City Council approve the proposed amendment if the required findings for a Zoning Code Text Amendment can be made. 2. Recommend that the City Council approve the proposed amendment with additional or different amendment language if deemed necessary to meet the required findings for a Zoning Code Text Amendment. 3. Disapprove the amendment request if it does not meet the required findings. ATTACHMENTS: 1. Area Map 2. Aerial Map 3. Draft Initial Study/Negative Declaration dated November 19, 2008 4. Draft Resolution No. 2008-P013 (ZCA P-2008115) 5. EW Section 17.260,035 Excerpt from of the CCMC 6. CCMC Excerpt of Allowed Uses in Commercial Zones ii Page / ot /Attachment No. 5 RESOLUTION NO. 2008-P013 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CULVER CITY, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF ZONING CODE AMENDMENT, ZCA P-2008115 AMENDING TITLE 17, ZONING, OF THE CULVER CITY MUNICIPAL CODE (CCMC), SECTION 17.260.035 EAST WASHINGTON OVERLAY ZONE TABLE 2-11, ALLOWED USES, TO ALLOW CAR WASHES ANCILLARY TO A VEHICLE FUELING STATION, SUBJECT TO APPROVAL OF A CONDITIONAL USE PERMIT (CUP), AS SET FORTH IN EXHIBIT "A" ATTACHED HERETO. (Zoning Code Amendment P-2008115) WHEREAS, on August 18, 2008, AGC Design Concept on behalf of Arco AM/PM filed an application for a Zoning Code Text Amendment to amend Section 17.260.035 of the Culver City Municipal Code (CCMC) to allow carvvashes as an ancillary use to fueling stations within the East Washington Boulevard Overlay (EW) Zone subject to approval of a Conditional Use Permit (CUP); and WHEREAS, on December 10, 2008, the Planning Commission conducted a duly noticed public hearing on Zoning Code Amendment, ZCA P-2008115 fully considering all reports, studies, testimony, and environmental information presented; and WHEREAS, following conclusion of the public discussion and thorough deliberation of the subject matter, the Planning Commission determined by a vote of 4 to 0 that Zoning Code Amendment, ZCA P-2008115, should be recommended for approval to the City Council as set forth herein below. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF CULVER CITY, CALIFORNIA, RESOLVES AS FOLLOWS: I G 1SECTION 1. Pursuant to the foregoing and as outlined in CCMC Title 17, Section 17.620.030 of the CCMC, the following findings for a Zoning Code (Text) Amendment are hereby made: The proposed amendment ensures and maintains internal consistency with the goals, policies, and strategies of all elements of the General Plan and will not create any inconsistencies with this title, in the case of a Zoning Code amendment. Zoning Code Amendment, ZCA P-2008115 ensures and maintains internal consistency with the goals, policies, and strategies of all elements of the General Plan and will not create any inconsistencies with this title because the EW Zone is a commercial overlay zone that allows varied commercial uses and limited light manufacturing uses. The EW Zone allows almost all of the vehicle related uses that are allowed in the other commercial zones. Car washes as part of fueling stations are allowed with a CUP in the other commercial zones. This amendment would make the LW Zone consistent with the other commercial zones as it relates to this particular use. The proposed amendment is consistent with Objective 6 of the General Plan Land Use Element which calls for economic revitalization of the City's commercial corridors. There are no car wash operations in the immediate area. This amendment is consistent with Policy 6.G of the General Plan Land Use Element which encourages the introduction of neighborhood serving commercial uses that serve nearby residential areas lacking such services. Because the amendment requires the use be allowed only after approval of a CUP, any requests for a car wash ancillary to a fueling station will have to be reviewed for consistency with other General Plan elements of the City and with this title; therefore ensuring said consistencies are maintained. 2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the City. The amendment will not be detrimental to the public interest, health, safety, convenience or welfare of the City because it requires a CUP. Such a discretionary action requires that the City conduct a California Environmental Quality Act (CEQA) analysis, make findings for a CUP, and impose conditions and mitigation measures to lessen impacts to surrounding areas. This review process is meant to address impacts that would otherwise be detrimental to the public interest, health, safety, convenience or welfare of the City. 3. The proposed amendment is in compliance with the provisions of the California Environmental Quality Act (CEQA). Pursuant to CEQA guidelines a Negative Declaration has been prepared; the proposed Zoning Code Text Amendment has been determined to have less than|1010101010101010 10 10|11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 -29 10 11 12 13 14 15 16 17|1010101010101010|significant impacts on the community. The proposed amendment is consistent with the Zoning Code regulations, and the Initial Study determined that expected impacts from future uses allowed with this amendment will be below thresholds of significance provided mitigations are required, should such mitigations be identified during the CEQA review at the project specific level. SECTION 2. Pursuant to the foregoing recitations and findings, the Planning Commission of the City of Culver City, California, hereby recommends approval of Zoning Code Amendment, ZCA P-2008115 to the City Council as set forth in Exhibit A attached hereto and made a part thereof. APPROVED and ADOPTED this 10 th day of December, 2008. DAVID ROCKWELL, CHAIRPERSON PLANNING COMMISSION CITY OF CULVER CITY, CALIFORNIA Yvonne Hunt Administrative Secretary|1010|20 21 22 23 24 25 26 27 28 29 11RESOLUTION No. 2008-P013 EXHIBIT A TABLE 2-11 Allowed Uses and Permit Requirements for the East Washington Boulevard Overlay (-EW) P Permitted Use CUP Conditional Use Permit required AU? Administrative Use Permit Required - Use not allowed LAND USE (I) Permit Requirement See Specific Use Regulations: INDUSTRY MANUFACTURING & PROCESSING Fabric products manufacturing, 5,000 sq.ft. or less AU? Fabric products manufacturing, 5,001 to 10,000 sq.ft. CUP Food and beverage manufacturing, 5,000 sq.ft. or less (2) AU? Food and beverage manufacturing, 5,001 to 10,000 sq.ft (2) CUP Furniture/fixtures manufacturing, 5,000 sq.ft. or less (3) AU? Furniture/fixtures manufacturing, 5,001 to 10,000 sq.ft. (3) CUP Handcraft industries, 5,000 sqlt. or less (3) AU? Printing and publishing, 10 employees maximum P Recycling facility - Incidental small collection AU? 17.400.090 Recycling facility - Large collection (4) CUP 17.400.090 Recycling facility - Small collection CUP 17.400.090 Second hand stores AU? RECREATION EDUCATION & PUBLIC ASSEMBLY Clubs, lodges, and private meeting halls AU? Health/fitness facilities P Indoor amusement/entertainment facilities AU? Religious places of worship P Private Schools (5) CUP Public Schools P Studios — Art, dance, music, photography, etc. P Theaters P RESIDENTIAL • Live/work units P 17.400.060 Mixed Use Project P 17.400.065 RETAIL TRADE Auto and vehicle sales/rental (6)(7) P Auto parts sales, retail P Convenience stores (8) P General retail stores (8) P Internet café P Notes: (I) See Article 7 for definitions of the land uses listed. (2) Includes packaging, processing, and wholesaling. (3) Includes assembly, restoration, and wholesaling. (4) Use only allowed on a site located a minimum of 300 ft from any residential zone. (5) AUP required for schools up to 1,500 sq.ft. in area. (6) All business activities with no outdoor display, storage or repair areas permitted shall be conducted wholly within completely enclosed buildings. (7) Used vehicles sales and service shall only be allowed incidental to new vehicle sales. (8) For permit requirements related to the sale of Alcoholic Beverages, see Section 17.400.015. Table continues on next pageRESOLUTION NO. 2008-P013 EXHIBIT A TABLE2-11 Allovied Us es and Permit Requirements for the East Washington B ouleNard Overlay (-Fm) P Permitted Use CUP Conditional Use Pemit required AU? Administrative Use Pemit Required - Use not allowed LAND USE(1) Permit Requirement S ee Srecific Use Regulations: RETAIL TRADE (continued) Outdoor retail sales and display P 17.400.075 Pet shops P Plant nurseries, retail P Restaurants, counter service (2) P(3) Restaurants, outdoor dining (2) AU? Restaurants, table service (2) P Second hand stores P SFRVICE Adult day care facilities COP Automated teller machines (ATMs) P 17A00.025 Banks and financial services P Business and consumer support services P Child day care centers CUP 17.400.035 Hotels and motels CUP Medical services - Office/clinics (4) P Medical services - Labs (4) P Medical services - Hospitals CUP Mortuaries P Offices P Personal services, except psychic readers P Vehicle services -Fueling station P 17.400.120 Vehicle seiiiiccs - CarAV as h 1) CUP Vehicle services - Fueling, incidental rep air CUP 17.400.120 Vehicle services - lirpounding/storage A1JP 17.400.125 Vehicle services - Maintenance/repair (65) CUP 17.400.125 Veterinary clinics and animal hospitals (76) AUP 17.400.020 TRANSPORTATION & COMMUNICATIONS Broadcast studios P Parkilg facilities AU? Pipelines and utility lines P Telecommunications facilities, cellular AU? 1 17.400.110 Telecommunications facilities, wireless antenna See Section 17.400.110 for p emit requirenents Notes: (1) &e Article? for definitions of the land uses listed (2) For permit requirements related to the sale of Alcoholic Beverages see Sect ion I 7.400,015 (3) If counter service restaurant is stand-alone, then a CUP is required. (4) Excluding animal experimentation. (5).!:':::Only ti1is.6d :i6:afici&fjit6 'died Creek „ (64) Use only allomd indoors. (76) Use only allolked on a site located a minirrarn of 200 feet from any residential zone. 2,0Attachment 6. Planning Commission Minutes December 10, 2008 TIGGS) TO SELECT COMMISSIONER SMITH FROST TO SERVE ON THE TRAFFIC COMMITTEE. o0o PUBLIC HEARINGS Item PH-1 Zone Code Text Amendment and Negative Declaration to Allow Carwashes as Ancillary Uses to Fueling Stations within the East Washington Boulevard Overlay Zone Subject to Approval of a Conditional Use Permit Staff provided a summary of the material of record. Chair Rockwell invited public participation. The following members of the audience addressed the Commission: Alex Cores, owner representative, was present to answer any questions. Linda Kay reported that a Planning Commission denial of a car wash, overturned by the City Council was adversely affecting her neighborhood and she cautioned that the item should be carefully considered. Discussion between the Commission and staff included: concern with overruling the East Washington Overlay Zone; a request for contact information of previous Commissioners to try to learn the reasoning behind their actions; differences between the areas east and west of the creek and whether the area east of the creek could be upgraded; concern with second guessing the previous Commission's decision; and support for maintaining the pedestrian friendly nature of the area Responding to inquiry from Vice_Enair_ILLachl.e, Alex cilooxas indicated that the car wash would be placed in the back and he discussed the location of parking and the proposed entrance and exit. Benny Fadrahm, owner, Arco AM/PM, explained remodeling plans for the car wash. Page 2 of 7 2\1Planning Commission Minutes December 10, 2008 Additional discussion between the Commission and staff included: reluctance to change zoning; acknowledgment that the overlay had addressed many area issues; acknowledgement that the project was limited in scope, required a CUP and that the car wash is an ancillary use; the absence of traffic issues; support for the east of the creek location; the reasoning behind consideration of a text amendment at this point in the process; concern with the previous Council overrule of the Planning Commission denial of the Valero gas station; the CUP process; differences in lot sizes and uses east and west of the creek; impact on residential uses; the economic viability of the project; concern with a structural change to the General Plan; a request for a site plan; clarification that applicant is entitled to apply for a text amendment without a CUP; upgrades already in process; clarification that additional upgrades could be requested to the car wash design; a request for additional information about the original overlay decision; concern with unintended consequences for the overlay zone; concern with setting a precedent; distances from residential to area gas stations; zoning in the area with and without the overlay; an observation that the western part of the overlay and residences were protected even with the change; interest in creating a live/work loft zone; potential redevelopment and improvements to the area; concern with making decisions that might preclude a trend that they might like to see; concern with spot zoning; mandatory findings; whether the area would go residential; and the importance of making decisions on what the area is now, not what the area will eventually be. Benny Fadrahm noted that if the value of the property went up, a developer could buy it at any time. He asserted that they needed to put in a car wash to survive and it would not generate extra traffic. MOVED BY VICE CHAIR KUECHLE, SECONDED BY COMMISSIONER PLESKOW, AND UNANIMOUSLY CARRIED (ABSENT COMMISSIONER TIGGS) TO CLOSE THE PUBLIC HEARING. Additional discussion between staff and the Council included: direction from the Commission to the applicant to bring back a good project; an assertion that the change itself should be considered, not the project; a request for background material explaining the rationale for the original decision; a comment that the issue was much bigger Page 3 of 7Planning Commission Minutes December 10, 2008 than the single project; relaxing constraints since things have changed in the area; and noticing procedures. MOVED BY VICE CHAIR KUECHLE, SECONDED BY COMMISSIONER FROST SMITH, AND UNANIMOUSLY CARRIED (ABSENT COMMISSIONER TIGGS) TO ADOPT A NEGATIVE DECLARATION BASED ON THE INITIAL STUDY FINDING THAT THE PROJECT WILL NOT HAVE A SIGNIFICANT ADVERSE IMPACT ON THE ENVIRONMENT AND RECOMMEND APPROVAL TO THE CITY COUNCIL OF ZONE CHANGE TEXT AMENDMENT ZCAP2008-115 AS STATED IN RESOLUTION 2008-P013 TO AMEND SECTION 17260.035 OF THE CULVER CITY MUNICIPAL CODE TO ALLOW CAR WASHES AS AN ANCILLARY USE TO FUELING STATIONS WITHIN THE PORTION OF THE EAST WASHINGTON OVERLAY ZONE LOCATED EAST OF LA BALLONA CREEK SUBJECT TO APPROVAL OF A CONDITIONAL USE PERMIT. o0o Consent Calendar Item C-1 Secretary's Report MOVED BY VICE CHAIR KUECHLE, SECONDED BY COMMISSIONER SMITH FROST, AND UNANIMOUSLY CARRIED (ABSENT COMMISSIONER TIGGS) THAT THE COMMISSION RECEIVE AND FILE THE REPORT OF THE SECRETARY REGARDING POSTING OF THE AGENDA FOR THIS MEETING. o0o Item C-2 Meeting Minutes Commissioner Kuechle provided staff with a copy of changes to the minutes of October 22, 2008. MOVED BY VICE CHAIR KUECHLE, SECONDED BY COMMISSIONER PLESKOW, AND UNANIMOUSLY CARRIED (ABSENT COMMISSIONER TIGGS AND WITH CHAIR ROCKWELL ABSTAINING DUE TO HIS ABSENCE FROM THAT MEETING) THAT THE COMMISSION APPROVE THE MINUTES OF OCTOBER 22, 2008 AS AMENDED. MOVED BY VICE CHAIR KUECHLE, SECONDED BY COMMISSIONER SMITH FROST, AND UNANIMOUSLY CARRIED (ABSENT COMMISSIONER TIGGS AND WITH COMMISSIONER PLESKOW ABSTAINING DUE TO HIS ABSENCE Page 4 of 7( g' November 19, 2008 Attachment 7 PLANNING DIVISION 9770 CULVER BOULEVARD, CULVER CITY, CALIFORNIA 90232-0507 {310) 253-5710 FAX (310) 253-5721 PROPOSED NEGATIVE DECLARATION Project Title and File No.: Zoning Code Text Amendment, ZCA - P2008115 Project Location: The East Washington Boulevard Overlay (EW) Zone in the northeastern portion of the City Project Sponsor: AGC Design Concept Shane Burns 150 S. Arroyo Pkwy #103 Pasadena, CA 91106 (626) 792-1192 Project Description: Proposed amendment to Section 17.260.035 of the Culver City Municipal Code to allow carwashes as ancillary uses to fueling stations within the East Washington Boulevard Overlay (EW) Zone subject to approval of a Conditional Use Permit. Environmental Determination: This is to advise that the City of Culver City, acting as the lead agency, has conducted an Initial Study to determine if the project may have a significant effect on the environment and is proposing this NEGATIVE DECLARATION based on the following finding: El The Initial Study shows that there is no substantial evidence, in light of the whole record before the agency, that the project may have a significant effect on the environment, or The Initial Study identified potentially significant effects, but: 1. Revisions in the project plans or proposals made by, or agreed to by the applicant before this proposed MITIGATED NEGATIVE DECLARATION AND INITIAL STUDY was released for public review would avoid the effects or mitigate the effects or mitigate the effects to a point where clearly no significant effects would occur, and 2. There is no substantial evidence before the agency that the project as revised may have a significant effect on the environment. A copy of the Initial Study, and any applicable mitigation measure, and any other material which constitute the record of proceedings upon which the City based its decision to adopt this NEGATIVE DECLARATION may be obtained at: City of Culver City, Planning Division 9770 Culver Boulevard, Culver City, CA 90232 The public is invited to comment on the proposed NEGATIVE DECLARATION during the review period, which I ends Wednesday, December 10, 2008.(310) 253-5710 FAX (310) 253-5721 PLANNING DIVISION 9770 CULVER BOULEVARD, CULVER CITY, CALIFORNIA 90232-0507 INITIAL STUDY ENVIRONMENTAL CHECKLIST FORM AND ENVIRONMENTAL DETERMINATION Project Title: Zoning Code Text Amendment (ZCA)-P2008115 Lead Agency Name & Address: City of Culver City, Planning Division 9770 Culver Blvd., Culver City, CA 90232 Contact Person & Phone No.: Jose Mendivil, Associate Planner (310) 253-5757 Project Location/Address: The East Washington Boulevard Overlay (EW) Zone in the northeastern portion of the City. Nearest Cross Street: N/A APN: . N/A Project Sponsor's Name & Address: AGC Design Concept Shane Burris 150 S. Arroyo Pkwy #103 Pasadena, CA 91105 (626) 792-1192 General Plan Designation: General Corridor Industrial Park Zoning: East Washington Boulevard Overlay (EW) Commercial General (CG) Industrial General (1G) Redevelopment Project Area: Component Area No. 3 and 4 Overlay Zone/Special District: East Washington Boulevard Overlay (EW) Zone Project Description and Requested Action: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if necessary) The applicant is requesting to amend Section 17.260.035 of the Culver City Municipal Code to allow carwashes as ancillary uses to fueling stations within the East Washington Boulevard Overlay (EW) Zone subject to approval of a Conditional Use Permit (CUP). Existing Conditions of the Project Site: The EW Zone spans both the north and south Washington Boulevard frontages east of National Boulevard to Fairfax Avenue, which is located on the northeast end of Culver City bordered by the City of Los Angeles. Uses in this area include offices, architectural and design studios, general retail, furniture wholesale and home appliances, restaurants, galleries, automotive repairs, tire services, two fueling stations, laundromat, light clothing and accessory manufacturing, and services for disabled individuals. — ,---- Form Updated 4/23/08I I Zoning Code Text Amendment P2008115 November 19, 2008 Page 2 of 15 Surrounding Land Uses and Setting: (Briefly describe the project's surrounding) West: Industrial General Zone with uses including automotive repair, light industrial, offices, an elementary school, and abandoned car dealerships. East: The City of Los Angeles with uses including light manufacturing, automotive repair, 1-10 freeway, Cal Trans storage facility, and residential uses, along with multi-family units. North: The City of Los Angeles with single and multiple family residential uses. South: The zoning between Ballona Creek and Fairfax Avenue is Industrial General which includes automotive, studio, light industrial and wholesale uses. Single and multi-family units exist west of Ballona Creek with a portion of light industrial and retail uses at the southwest end of the overlay zone that is zoned Industrial General Other public agencies whose approval is required: (e.g., permits, financing approval, or participation agreement) None ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a 'Potentially Significant Impact' as indicated by the checklist on the following pages: Aesthetics Agriculture Resources Air Quality Biological Resources Cultural Resources Geology /Soils Hazards & Hazardous Materials Hydrology/ Water Quality Land Use / Planning ENVIRONMENTAL DETERMINATION: On the basis of this initial evaluation: El Mineral Resources El Noise LI Population / Housing El Public Services ID Recreation II Transportation/Traffic El Utilities I Service Systems fl Mandatory Findings of Significance Z I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. n I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a 'potentially significant impact' or 'potentially significant unless mitigated' impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. 2-6 Page 2 of 15Zoning Code Text Amendment P2008115 November 19, 2008 Page 3 of 15 0 I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Jage Mendivil, Associate ' Planner Date: 1,7 Page 3 of 15z Zoning Code Text Amendment P2008115 November 19, 2008 Page 4 of 15 Potentially EVALUATION OF ENVIRONMENTAL IMPACTS: Potentially Significant Impact Significant Impact Unless Mitigation Less Than Significant Impact No Impact Incorporated STHETICS Would the project. a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Responses: a)- d) Less Than Significant Impact. The proposed zoning code text amendment will not significantly affect scenic vistas because properties in the EW Zone are located in an urbanized area, with commercial, industrial, and residential buildings in the immediate vicinity. Furthermore, there are no scenic vistas or scenic highways in the vicinity of the EW Zone. The topography surrounding this area will not be significantly affected by the proposed text amendment because it is urbanized and flat. The car wash use will not create substantial light or glare. Future development of car washes allowed with this text amendment will require a CUP and will be evaluated on a project specific basis; they will undergo independent CEQA analysis for each project to determine if aesthetic impacts are significant and mitigations are warranted. Mitigation Measure(s): None Required • AGRICULTURE RESOURCES: In determining whether impacts to agricultural resources are significant environmental' effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1897) 'prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and ; farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of LI LI LI z Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? b) Conflict with existing zoning for agricultural use, or a pzi Williamson Act contract? c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? Responses: a)- c) No Impact. Agricultural resources will not be impacted by the proposed zoning code text amendment because properties within the EVV Zone are not located on land identified, utilized, or zoned for agricultural purposes, and there is no known Williamson Act contract in effect for the area. No mitigation measures are necessary. Mitigation Measure(s): None Required Page 4 of 15Potentially EVALUATION OF ENVIRONMENTAL IMPACTS: Potentially Significant Impact Significant Impact Unless Mitigation Less Than Significant Impact No Impact Incorporated - ft;i: - QUALITY — Where available, the significance criteria established by the applicable air qublityTnanagement or ai pollutigatponfrol district may be relied upon to make the following determinations. Would the project: Conflict with or obstruct implementation of the applicable air quality plan? Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non- attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? Expose sensitive receptors to substantial pollutant concentrations? Create objectionable odors affecting a substantial number of people? Responses: a)- e) Less Than Significant Impact. Air quality will not be significantly impacted as a result of the proposed zoning code text amendment because it is expected that future car washes ancillary to fueling stations that are approved with a CUP will not be large enough to exceed both construction and operational air quality thresholds; usually these car washes only hold one car at a time. Nevertheless, future development of car washes that are allowed with this text amendment will be subject to the CUP process and will be evaluated on a project specific basis; they will undergo independent CEQA analysis for each project to determine if air quality impacts are significant and mitigations are warranted. Mitigation Measure(s): None Required - CRIII-3114474 , 10 zar.airm BIOLOGICAL RESOURCES't Would the project: IV. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? El El Zoning Code Text Amendment P2008115 November 19, 2008 Page 5 of 15 Page 5 of 15E E LI Zoning Code Text Amendment P2008115 November 19, 2008 Page 6 of 15 Potentially EVALUATION OF ENVIRONMENTAL IMPACTS: Potentially Significant Impact Significant Impact Unless Mitigation Less Than Significant Impact No impact Incorporated c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Responses: Less Than Significant Impact. The proposed zoning code text amendment will not affect biological resources because the use that would be allowed with the amendment will be located in the EW Zone which is fully developed with commercial and manufacturing uses and is further completely surrounde d by urban development. As an urbanized built out area, the EW Zone is not known to have special sta tus species, riparian habitat, or federally protected wetlands. The urbanized area is not known to be alon g the path of migratory wildlife species and Ballona Creek has long been channelized reducing its potential a S a migratory fish channel. There is no resident migratory wildlife corridor or wildlife nursery site or ado pted Habitat Conservation Plan in the EW Zone. Mitigation Measure(s): None Required. V cULTURAL RESOURCES Would the project a) Cause a substantial adverse change in the significance of a historical resource as defined in 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? a)- f) Page 6 of 15z N Potentially EVALUATION OF ENVIRONMENTAL IMPACTS: PotentaIfy Significant Impact Significant Impact Unless Mitigation Less Than Significant Impact No Impact Incorporated Responses: Less Than Significant Impact. A historical structure is located in the eastern portion of the verlay zone. Construction and grading resulting from car wash projects may potentially yield archae °logical and paleontological resources. However, because the proposed amendment will require a CUP, pote ntial impacts on cultural resources will be reviewed as part of the CUP application process. Any potentia Ily significant impacts discovered during the CUP application process will be addressed with appropriate miti gations. The amendment will require the car wash use to be ancillary to a fueling station and the one histori c structure in the EW Zone is not located at a fueling station site. However, there is a fueling station adjacent o the historic structure. Because the zone text amendment requires the car wash use to be permitted with a CUP and should the fueling station adjacent to that historic structure apply for such an entitlement, cultura I impacts will be reviewed as part of the application process. Mitigation measures will be required if th e application analysis indicates there may be potential impacts to the historic structure. Finally, state law already sets procedures for handling archaeological and paleontological artifacts should they be found durin g excavation of a construction site. Mitigation Measure(s): None Required. a)- d) a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. H) Strong seismic ground shaking? Hi) Seismic-related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? Responses: a)- e) Less Than Significant Impact. Although not within a landslide area, the EW Zone is located nea Inglewood Fault Zone and is subject to liquefaction. As a built out urbanized zone there is no ag so any development resulting from the amendment will not impact topsoil or cause loss of tops within the EW Zone are serviced by sewer laterals connecting to sewer mains as opposed to r the Newport ricultural land H. Properties septic tanks. GEOLOGY AND SOILS -- Would 1ie project: Zoning Code Text Amendment P2008115 November 19, 2008 Page 7 of 15 Page 7 of 15Potentially EVALUATION OF ENVIRONMENTAL IMPACTS: Potentially Significant Impact Significant Impact Unless Mitigation Less Than Significant Impact No Impact Incorporated Any development occurring as a result from this amendment will be subject to Building Cod e regulations including earthquake regulations. Further, future development of car washes that are allowed with this text amendment will be subject to a CUP process and will be evaluated on a project specific ba sis; they will undergo independent CEQA analysis for each project to determine if geology and soils impacts a re significant and mitigations are warranted. Mitigation Measure(s): None Required HAZARDS AND HAZARDOUS MATERIALS --Would the project: ; a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one- quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? 9) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Responses: Less Than Significant Impact. The proposed zoning code text amendment will allow car wash s ancillary to fueling stations with a CUP. Such a use could include the routine transport and use of haza dous liquids, potentially impacting a nearby private school. However because the proposed use will require a CUP, each CUP application will be evaluated to determine if mitigations are required to lessen potential impacts. Generally a car wash ancillary to a fueling station is a small operation with minimum use of I iquids. Each application will be reviewed to determine if a proposed project site is included on a list of hazard ous materials sites compiled pursuant to Government Code Section 65962.5; as a small operation, the use is not expected to impact emergency response plans. The EW Zone is not located within the vicinity of a priva te air strip or within two miles of an airport, therefore there should be no impacts associated with airstrips or a irports should a)- h) Zoning Code Text Amendment P2008115 November 19, 2008 Page 8 of 15 Page 8 of 15Li Li Li Potentially EVALUATION OF ENVIRONMENTAL IMPACTS: Potentially Significant Impact Significant Impact Unless Mitigation Less Than Significant Impact No Impact Incorporated a use be approved under this amendment. Further the EW Zone is a built out and urbanized area and is not near wildland areas or areas subject to wildland fires. Mitigation Measure(s): None Required HYDROLOGY AND WATER QUALITY Would the project a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? Ii) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? a)-]) Less Than Significant Impact. The proposed car wash use (ancillary to a fueling station) that wo with this amendment can generally be characterized as a small operation with a one-car bay; impacts are expected to be less than significant and water discharge will be subject to lo reguiations. Because a CUP and CEQA analysis will be part of the entitlement process, mitigati uld be allowed water quality cal and state ons measures|1010|Li|1010|Responses: Zoning Code Text Amendment P2008115 November 19, 2008 Page 9 of 15 Page 9 of 15IX. LAND USE AND PLANNING - Would the project: Zoning Code Text Amendment P2008115 November 19, 2008 Page 10 of 15 Potentially EVALUATION OF ENVIRONMENTAL IMPACTS: Potentially Significant Impact Significant Impact Unless Mitigation Less Than Significant Impact No Impact Incorporated will be required, if found necessary, to insure impacts are lessened with regards to discharge groundwater, altering of drainage patterns, surface runoff, stormwater drainage systems, and quality. Although the properties in the EW Zone are within 100 and 100 to 500 Year Flood Haza proposed zoning code text amendment does not involve residential development and is not increase housing in the area. Car wash bays resulting from this amendment could be plac aforementioned flood hazard areas but due to their small size, they are not expected to imped flood flows. The EW Zone lies within the Mulholland and Silver Lake Dam Inundation Zones current data or information to indicate these dams are in eminent threat of failure. Other responsible for their maintenance and those agencies will contact the City through Los Angeles C there be a dam failure threat. Such emergency procedures are independent of CEQA review a environmental analysis of projects. Mitigation Measure(s): None Required depletion of overall water d Areas, the expected to d within the e or redirect ; there is no gencies are aunty should it relates to a) Physically divide an established community? El CI b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or 1:1 natural community conservation plan? Responses: Less Than Significant Impact. The proposed zoning code text amendment would allow carw ancillary use to fueling stations which is compatible with the surrounding uses in that it is a type automotive commercial use and is compatible with the uses allowed in this overlay commercial z will not physically divide an established community because it is reasonable to assume that a f with ancillary carwash operations will require an area similar in size to existing fueling stations in Such a use requires a lot area compatible with surrounding commercial lots which do not no established communities but instead are incorporated within the fabric of said communities. text amendment would allow a use that is normally allowed in other commercial zones similar in EW Zone. The proposed amendment is consistent with Objective 6 of the General Plan Land which calls for economic revitalization of the City's commercial corridors. There are no car wa in the immediate area. This amendment is consistent with Policy 6.G of the General Plan Land which encourages the introduction of neighborhood serving commercial uses that serve near areas lacking such services. Although there are no existing specific development standards Code for car washes, the CUP required process will allow the City the opportunity to re conditions depending on the nature of the project, that will address development standards iss noise and traffic). a)- b) ashes as an f small scale one. The use eling station urban areas. rmally divide he proposed nature to the Use Element h operations Use Element by residential in the Zoning quire specific ues (such as c) No Impact_ The proposed amendment will not affect a habitat conservation plan or natur conservation plan because such plans do not exist for the EW Zone that is a built out urbanized al community area. Mitigation Measure(s): None Required r / Page 10 of 15EVALUATION OF ENVIRONMENTAL IMPACTS: Less Than Significant Impact Potentially Significant Impact Potentially Significant Impact Unless Mitigation Incorporated INERALAESOURCES — Would the project Zoning Code Text Amendment P2008115 November 19, 2008 Page 11 of 15|109| 0|1010|Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Responses: a)- b) No (mpact_ The proposed zoning code text amendment will not have an adverse affect on mineral resources because current site conditions within the EW Zone and City records indicate that there are no mineral resources on or within the EW Zone. There are no locally important mineral resource recovery areas located in the EW Zone. Mitigation Measure(s): None Required XI NOISE --Would the project result in: Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Responses: a)- d) Less Than Significant Impact. Although car washes do not have specific development standards in the Zoning Code, the CUP requirement allows the City the opportunity to craft specific conditions of approval that address specific site conditions for each application. With regard to noise, The City will review each application and impose as appropriate, noise mitigating conditions of approval. Generally, the use allowed by this amendment is a small operation that is not expected to create significant noise levels both during construction and during operations. The CUP and CEQA review process for each application will study this Page 11 of 15XIIEFPUBL C SERVICES 11.1,1itl; 1.441:110.0raili Zoning Code Text Amendment P2008115 November 19, 2008 Page 12 of 15 Potentially EVALUATION OF ENVIRONMENTAL IMPACTS: Potentially Significant impact Significant impact Unless Mitigation Less Than Significant Impact No Impact Incorporated issue and perhaps require noise studies where appropriate prior to applications being deemed complete. Further, design requirements on the length of the carwash bay tunnel, the location of the vacuum, and perimeter walls will be imposed should the CUP and CEQA analysis for any given project necessitate such mitigations. e)- f) No Impact. The EW Zone is not located near an airport or within 2 miles of a public or private airport. Mitigation Measure(s):None Required POPULATION AND HOUSING -- Would the project: Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Responses: a)- c) No Impact. The proposed zoning code text amendment does not involve residential uses and would serve existing residents and businesses as a carwash ancillary to a fueling station. It would not induce any population growth via job creations and homes would not be displaced by the proposed amendment because the car wash use allowed with this amendment is not expected to create a significant amount of jobs that could be filled with people wanting to move into Culver City. Further, the use will only be allowed in commercially zoned property with a primary gas fueling station use. Mitigation Measure(s): None Required a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? 0 0 Police protection? 0 0 Schools? 0 0 Parks? 0 0 Other public facilities? 0 0 Responses: a) Less Than Significant Impact. The car was use allowed with the proposed zoning code text ame not significantly increase the need for new public services because as a small operation attractin will probably also be purchasing gas, existing public services for the EW Zone are expected to The area within the EW Zone is surrounded by existing development and there are existing p facilities necessary to accommodate future small scale development as a result of the proposed text amendment Nevertheless, through the CUP process, each new application will be evalua service impacts and mitigations, if necessary, will be imposed. Miticapon Measurejah None Required Li LI LI C dment would g drivers who be adequate. ublic service zoning code ed for public Page 12 of 15Potentially EVALUATION OF ENVIRONMENTAL IMPACTS: Potentially Significant Impact Significant Impact Unless Mitigation Less Than Significant Impact No Impact Incorporated RgPREATIONE,— a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Responses: LI El N a)- b) No Impact. The use allowed as a result of the proposed zoning code text amendment wou demand for new recreational facilities or increase the use of existing recreational facilities becau involve residential uses that could generate an increase in the population and because the commercial use that the amendment would allow would not be a major job generator. Id not put a e it does not small scale Mitigation Measure(s): None Required XV.[ TRANSPORTATION/TRAFFIC Would the Orojectw a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? 9) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? LI N LI Responses: a)- b) Less Than Significant Impact. Future developments resulting from the proposed amendment will for transportation loads and impacts especially with regard to circulation and access to the car station and potential back up onto public rights-of-way. Through the CUP process, such traffic i studied and appropriate conditions or mitigations will be crafted to address the specific site condi project. As a small operation, design requirements will be imposed that require the car wa positioned in such a manner that an optimal amount of cars can be queued on site without imp operations or the public right of way. be analyzed wash/fueling ssues will be tions of each h bay to be acting fueling N Zoning Code Text Amendment P2008115 November 19, 2008 Page 13 of 15 Page 13 of 153 El El|1010|LI|1010|El El LI Potentially EVALUATION OF ENVIRONMENTAL IMPACTS: Potentially Significant Impact Significant Impact Unless Mitigation Less Than Significant Impact No Impact Incorporated No Impact. The proposal would have no effect on air traffic patterns because the amendment small scale commercial use compatible with existing commercial uses that currently do not affe or traffic patterns. Less Than Significant Impact. Future projects allowed with this amendment will be evaluated to ensure compliance with parking requirements. During the CUP process for each application, City Fire and Public Works staff will review site conditions and proposed site circulation plans to ensure that potentially hazardous design features are corrected and that emergency vehicles maintain the ability to access the project site during emergencies. Should the traffic analysis for any given project indicate that existing road, curb, and access designs are hazardous, mitigations will be prepared. No Impact. The proposed zoning code text amendment does not conflict with alternative transpo The amendment would allow a car wash ancillary to a fueling station and there is no foreseeabl this amendment and alternative transportation plans. Mitigation Measure(s): None required UTILITIES AND SERVICE SYSTEMS —Would the project:ti; rtation plans. e conflict with ould allow a ct circulation a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? Responses: Less Than Significant Impact. This proposed zoning code text amendment will allow a s operation ancillary to a fueling station. Such a small operation is not expected to place a str wastewater treatment facilities nor require construction of new storm drains. As a small o expected that existing utility and service systems wiii be adequate to service car washes resu amendment. Future projects allowed per this amendment will be examined for utility and serv on a project specific basis; review will include analysis of potential impacts to run-off and wate Mitigation Measure(s): None Required. a)- g) mall car wash in on existing peration, it is lting form this ice capacities r usage. g). Zoning Code Text Amendment P2008115 November 19, 2008 Page 14 of 15 Page 14 of 15EVALUATION OF ENVIRONMENTAL IMPACTS: : • ANDATORY FINDINGS OF SIGNIFICANCE—; LI Zoning Code Text Amendment P2008115 November 19, 2008 Page 15 of 15 Potentially Potentially Significant Impact Significant Impact Unless Mitigation Less Than Significant Impact No Impact Incorporated Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Does the project have impacts that are individually limited, but cumulatively considerable? ('Cumulatively considerable' means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Responses: a)- c) Less Than Significant Impact. The proposed zoning code text amendment will not degrade the quality of the environment nor have any significant impacts to any plant or animal wildlife species because it applies to an area that is located in a built-out urban area. Future projects as a result of the amendment may impact areas of air quality, noise and traffic which would be substantially reduced by the standard City code requirements and conditions of approval resulting from the CUP and CEQA analysis. With conditions of approval, uses allowed as a result of this proposed text amendment will not have the potential to cause adverse effects on human beings, either directly or indirectly. Future projects allowed as a result of the zoning code text amendment will be evaluated on a project specific basis. Mitigation Measure(s): None Required. XVIII. EARLIER ANALYSES: None References Utilized: 1. Culver City Natural Hazards Map (Faults, Fire, Flooding), created on June 1, 1999. 2. Culver City Natural Hazards Map (Faults, Liquefaction, Landslides), revised on November 14, 2000. Page 15 of 15CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE OVERLAY ZONING DISTRICTS 17.260 Attachment 8 C. iminary Plan Review. It shall be required, within the area designated on the zoning map the Center Overlay (-CV), that preliminary plans and elevations of all proposed b ings and structui iali be submitted to the Director for approval prior to the issuan a building permit. D. Review Standards. The approval of plans submitted purs reasonably determine that the general materials, height and exterior construct Civic Center Overlay (-CV) will proposed Civic Center bull owing standards in granting of this section. The Director shall earance, design, color, texture of surface roposed buildings and structures within the larmonious manner to the existing and E. Appeal. The D . or shall either approve or disapprove of the prelim!' and noti applicant, in writing, of the decision. In the event an appl lean de en of the Director, it may be done so in a manner provided for appeals in Appeals). lans when submitted res to appeal the er 17.640 17.260.035 - East Washington Boulevard Overlay (-EVV) A. Purpose. The purpose of establishing the East Washington Overlay (-EW) is to provide the special zoning regulations necessary for the successful implementation of the East Washington Boulevard Revitalization Program. B. Eligible Sites. The area included in the East Washington Overlay (-EW) shall be the Washington Boulevard frontage between National Boulevard and Fairfax Avenue as more particularly shown on the adopted Zoning Map. C. Allowable Land Uses and Permit Requirements. Table 2-11 (Allowed Uses and Permit Requirements for the East Washington Boulevard Overlay (-EW)) identifies the uses of land allowed by this Title in each industrial and special purpose zoning district, and the land use permit required to establish each use, in compliance with Subsection 17.200.020.B. (Zoning District Regulations). Note: Where the last column in the table (See Specific Use Regulations) includes a section number, the regulations in the referenced section apply to the use; however, provisions in other sections of this Title may also apply. D. Relationship to Development Agreements. Where an Owner-Participation Agreement, Disposition and Development Agreement or Development Agreement applies to a land parcel and the provisions of such agreement differ from the East Washington Overlay (-EW) regulations, the provisions of the agreement shall prevail. E. Development and Land Use Standards. The development and land use standards of this Article applicable to the primary zoning district shall apply to all proposed development and new land uses within the East Washington Overlay (-EW), except as follows. 14.0 Article 2 — Zoning Districts, Allowable Land October 2005 Uses and Zone-Specific StandardsCULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE OVERLAY ZONING DISTRICTS 17.260 1. Setback requirements. For R2, RMD, and CG parcels within the East Washington Overlay (-EW), the setback requirements of the CG Zone located in Table 2-6 (Commercial District Development Standards) shall apply. For 1G parcels within the East Washington Overlay (-EW), the setback requirements of the 1G Zone located in Table 2-9 (Industrial District Development Standards) shall apply. For front setback requirements in R2, RIVED, CG, and 1G parcels, see Subsection 17.280.045.E.2 (Front Setback Requirements),beIow. 2. Front setback requirements. Proposed buildings shall be located adjacent to the common Washington Boulevard/private property line, except that the Director may approve the following setback modifications on a Washington Boulevard parcel frontage, in order to accommodate urban amenities including plazas, hardscape or landscape, public art, fountains, benches, outdoor dining, or other pedestrian amenities. a. A maximum setback of up to one-third the average parcel depth, or 50 feet, whichever is less, for a maximum of 50 feet or 40 % of the building width, whichever is less; and b. A maximum setback of 15 feet for the remaining portions of the building wall facing Washington Boulevard. Front or street-side setback requirements shall not be applicable to parcel frontages on the side streets intersecting Washington Boulevard. 3. Height limit. 43 feet and 3 stories shall be the maximum height for structures located on sites within the R2, RMD, and CG districts, which are located adjacent to or across an alley from a residentially-zoned site. 4. Building design - Washington Boulevard frontage. A minimum of 50 % of the width of a Washington Boulevard-facing building wall above the first story or above 16 feet in height, whichever is less, shall include recessed or extended windows, balconies, offset planes, or other prominent architectural details that provide three-dimensional relief, as approved by the Director. 5. Parking and loading. Parking requirements for the East Washington Overlay (-EW) are included in Chapter 17.320 (Off-Street Parking and Loading). F. Performance Standards. 1. All business activities shall be conducted wholly within a completely enclosed building, with the exception of outdoor dining, plant nurseries, telecommunications facilities, required parking and loading facilities, outdoor retail sales and activities, or similar outdoor uses as determined by the Director. 2. A minimum 6 foot high wall that provides a solid screening effect, and that is aesthetically compatible with surrounding structures as approved by the City, shall be constructed along the common property line between the non-residential use and immediately adjacent residentially zoned property. Article 2 — Zoning Districts, Allowable Land October 2005 Uses and Zone-Specific StandardsCULVER CITY MUNICIPAL CODE- TITLE 17, ZONING CODE OVERLAY ZONING DISTRICTS 17_260 3. Buildings and any machinery and equipment shall be constructed, installed, and maintained, and land uses shall be conducted, so as to not be dangerous or offensive to persons residing or conducting business adjacent to or near the site due to dust, gas, noise, odor, smoke, vibration, or other dangers or nuisances to public welfare. 4 ), Article 2 — Zoning Districts, Allowable Land October 2005 Uses and Zone-Specific StandardsCULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE OVERLAY ZONING DISTRICTS 17.260 TABLE 2-11 Allowed Uses and Permit Requirements for the East Washington Boulevard Overlay (-EW) P Permitted Use CUP Conditional Use Permit required AUP Administrative Use Permit Required Use not allowed LAND USE (1) Permit Requirement See Specific Use Regulations: INDUSTRY, MANUFACTURING, & PROCESSING Fabric products manufacturing, 5,000 sq.ft. or less AU? Fabric products manufacturing, 5,001 to 10,000 sq.ft. CUP Food and beverage manufacturing, 5,000 sq.ft. or less (2) AUP Food and beverage manufacturing, 5,001 to 10,000 sq.ft (2) CUP Furniture/fixtures manufacturing, 5,000 sq.ft. or less (3) AU? Furniture/fixtures manufacturing, 5,001 to 10,000 sq.ft. (3) CUP Handcraft industries, 5,000 sq.ft. or less (3) AU? Printing and publishing, 10 employees maximum Recycling facility - Incidental small collection AUP 17.400.090 Recycling facility - Large collection (4) CUP 17.400.090 Recycling facility - Small collection CUP 17.400.090 Second hand stores AUP RECREATION, EDUCATION, & PUBLIC ASSEMBLY Clubs, lodges, and private meeting halls AU? Health/fitness facilities P Indoor amusement/entertainment facilities AUP Religious places of worship P Private Schools (5) CUP Public Schools P Studios — Art, dance, music, photography, etc. P Theaters P RESIDENTIAL Live/work units P 17.400.060 Mixed Use Projects P 17.400.065 RETAIL TRADE Auto and vehicle sales/rental (6)(7) P Auto parts sales, retail P Convenience stores (8) P General retail stores (8) P Internet café P Notes: (1) See Article 7 for definitions of the land uses listed. (2) lneludes packaging, processing, and wholesaling. (3) Includes assembly, restoration, and wholesaling. (4) Use only allowed on a site located a minimum of 300 ft from any residential zone. (5) AUP required for schools up to 1,500 sq.ft in area. (6) All business activities with no outdoor display, storage or repair areas permitted shall be conducted wholly within completely enclosed buildings. (7) Used vehicles sales and service shall only be allowed incidental to new vehicle sales. ( .5) For permit requirements related to the sale of Alcoholic Beverages, see Section 17.400.015. Talk continues on neit page LB Article 2 — Zoning Districts, Allowable Land October 2005 Uses and Zone-Specific StandardsCULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE OVERLAY ZONING DISTRICTS 17.260 TABLE 2-11 Allemed Uses and Permit Requirements for the East Washington BouloardOlerlay (-EW) P Permitted Use CUP Conditional Use Permit required A UP Administrative Use Permit Required - Use not allowed LAND USE(1) Permit Requirement See Specific Use Regulations: RETAIL TRADE continue Outdoor retail sales and display P 17.400.075 Pet shops P Plant nurseries, retail P Restaurants, counter service (2) P(3) Restaurants, outdoor dining (2) AUP Restaurants, table service (2) P Second hand stores P SERVICE Adult day care facilities CUP .111=111111111 17.400.025 Automated teller machines ATMs) P Banks and financial services P =MM. =11111.11=1 17.400.035 Business and cons umer sup ii ort services P CUP Child day care centers Hotels and rnotels CUP .1111.011.111 IIIMIIIMIMI 111111.1111111111.1 11111.1111.11111 11.11=111MI 1.11.11111.1111111 111.111=1M1 17.900.120 Medical services - Office/clinics (4) P Medical services -Labs (4) P Medical services - Hos a itals CUP Mortuaries P Offices P Personal services, except psychic readers P Vehicle services - Fueling station P Vehicle services - Fueling, incidental repair CLIP 17400.120 Vehicle services - Impounding/storage AU? 17.40(1125 Vehicle services - Maintenance/repair (5) CUP 17.400.125 Veterinary clinics and animal hospitals (6) AUP 17A00.020 TRANSPORTATION & COMMUNICATIONS Broadcast studios P Parking facilities AUP Pipelines and utility lines P Telecommunications facilities, cellular AU? 17.900.110 Telecommunications facilities, wireless antenna See Section 17.400.110 for permit requirements Notes: (I) See Article 7 for definitions of the land uses listed (2) For permit requirements related to the sale of Alcoholic Beverages see Section 17.400,015 (3) If counter service restaurant is stand-alone, then a CUP is required (4) Excluding animal experimentation. (5) Use only allowed indoors. (6) Use only allomd on a site located a minimurn of 200 feet from any residential zone. Article 2 — Zoning Districts, Allowable Land October 2005 Uses and Zone-Specific StandardsAttachment 9 CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE Commercial Zoning Districts 17.220 TABLE2-5 All cmed Us as and Permit Requirements for Commercial Zoning Districts P Permitted Use CUP Conditional Use Permit required AUP Administrative Use Pen-it Required - Use not allowed LAND USE (1) PER1V1T REQUIREMENTRYDIS1RKT See Specific Use Regulations: CN CG CC CJJ CRR CRB INDUSTRY, IVIANUFACTURING& PROCESSING Cos rmric product minufacturing - - - - P Electronics and equipiirrit manufacturing - - - - P Fabric products manufacturing Handcraft industries - - P Media production -Indoor support facilities - P - - - P Media production - Soundstages - - - - - P Printing and publishing - P P - P P Recycling facility - Incidental small collection P P - - P 17.400.090 Recycling facility - Small collection - AUP AUP - - AUP I7400.090 Research and developue t (R&D) - - - P Warehousing and distribution facilities - - - - P(2) RECREATION, EDUCATION & PUBLIC ASSEMBLY Arcade - AUP AUP P(3) ALTP - Clubs, lodges, and private rmeting hails - P P P(4) - P Health/fitness facilities - P P P(4) P P Indoor arruseueut/entertainnient facilities - P P P P - Outdoor cormercial recreation - CUP CUP - CUP CUP Public recreational and cultural facilities P P P P P P Public Schools P P P P P P Private Schools (5) CUP CUP CUP CUP - CUP Religious places of worship CUP P P - - P Studios - Art, dance, nusic, photography, etc. P P P P P P Theaters P P P P P P RESIDENTIAL Enrrgency shelters CUP CUP CUP - - - Horn occupations P P P P - - 17.400.055 Live/work units P P P P - - 17A00.060 Mixed use projects P P P P - - 17.40(1065 Residential care facilities, 6 or fewer clients P P P P - - Residential care facilities, 7 or mare clients EMMEN. illill - Senior citizen congregate care housing CUP CUP CUP - - RE'TAIL TRADE Accessory food service P P P P P P Accessory retail uses P P P P P P Adult businesses p P P - - Artisan shops P P P P P P Notes: (1) See Article 7 for definitions of the land uses listed. (2) 10,000 sf maxim= floor area. (3) Up to 10 arruserrent devices are allowed in conjuction with a rrultiplexmovie theater subject to Section 17.230.030 (4) Subject to ground floor restrictions; see Section 17.220.035 (CD District Requirements). (5) AUP required for schools up to 1,500 square feet in area. (6) Use only allowed subject to approval of an Adult Use DeveIopnent Permit (See CCMC Chapter 11.13). r-"'— Continue.s- on next page. LAD Article 2 — Zoning Districts, Allowable Land October 2005 Uses and Zane-Specific Standards 2-15CULVER CITY MUNICIPAL CODE - TITLE 17, ZONING CODE TABLE2-5 All ovted Us es and Permit Requirements for Commercial Zoning Districts p Permitted Use CUP Conditional Use Permit required AU? Administrative Use Pernik Required - Use not allowed LAND USE (1) PERMIT REQUIREMENT BY DISTRICT S ee S peciti c Us e Regulations: CN CG CC CD CIIR CRB RETAIL, TRADE (cont.) Auto and vehicle sales/rental (2) - P P AU? - Auto parts sales, retail PPP - PP Bars, night clubs (3) - CUP CUP CUP CUP CUP Building material stores - P P - P - Convenience stores (3) PPP -PP Fireams sales - CUP CUP - CUP CUP Ceneral retail stores (3) P P P P P P Internet C.afe AUPP P P PP Mobile hone and RVsales - CUP - - - CUP Outdoor retail sales and display (4) AU? AUP AU? AUP AUP AUP 17.400.075 Pawnshops - CUP - - - - 17.400.085 Pet Shop PP PPP(5)P Plant nurseries, retail PP PP PP 17.400.080 Restaurants, counter service (3) AU? P PP P P Restaurants, table service (3) PP PPPP Restaurants, outdoor dining (3) AU? AU? AU? AUP AU? AU? 17.400.070 Second hand stores P P - - - - Shopping center P P P - P - Warehouse retail stores - - - - CUP - SERVICE Adult day care facilities CUP CUP CUP - - CUP Automated teller machines (ATMs) PP P P P 17.400.025 Banks and financial services PP P P P P i Business and consumer support services P P P P(6) P P Catering services P P P P(6) P P Check cashing businesses - CUP CUP - CUP CUP 17.400.030 Child day care centers CUP CUP CUP CUP - CUP Child day care, Large family day care hones AU? AUP - - - - 17.400.035 Child day care, Small family day care hones P P - - - - Notes: (1) See Article 7 for definitions of the land uses listed. (2) Auto sales establisturents selling used vehicles exclusively are subject to approval of a Conditional Use Permit (see Chapter 17.530). (3) For permit requirenrrits related to the sale of Alcoholic Beverages see Section 17.40(1015 (4) Ancillary to a primary retail use. (5) Only one pet shop shall be permitted within any one shopping center. The tenant space shall be located so as to share no more than one common wall with any other tenant. (6) Subject to ground floor restrictions; see Section 17.220.035 (CD District Requirements) Continues on next page. Article 2 — Zoning Districts, Allowable Land October 2005 Uses and Zone-Specific Standards 2-16CULVER CITY MUNICIPAL CODE - TITLE 17 5 ZONING CODE COMMERCIAL ZONING DISTRICTS 17.260 TABLE2-5 c Allowed Us es and Permit Requirements for Commercial Zoning Districts P Permitted Use CUP Conditional Use Pennit required AU? Administrative Use Permit Required - Us e riot allowed LAND USE (1) PERMIT REQUIREMENT BY DIS TRICT See Specific Us e Regulations : CN CG CC Cl) CRR CRB SERVICE (cont. Construction contractors, no outdoor storage P P P - - P Drive-thm facilities or services - CUP CUP - CUP CUP 17.400.045 Hotels and trutels P P P P(2) P P Medical services - Office/Clinics P P P P(2) P P Medical services -Labs - P P P(2) P P Medical services -Hospitals - P P P - P Mortuaries - P P - 13 Offices P P P P(2) P P Personal services P P P P(2) P P Pet day care - AU? AU? - AUp(3) AU? 17.400.020 Public safety facilities P P P P(2) P P Public utility facilities CUP CUP CUP - CUP CUP Storage, Outdoor AU? AU? AU? - AU? AU? 17.400.080 Vehicle services -Accessories installation - P - - P P 17.400.125 Vehicle services - Car washes CUP COP CUP - , CUP CUP Vehicle services - Fueling stations CUP P P - P P 17.400.120 Vehicle services - Fueling, incidental repair, CUP CUP CUP - CUP CUP 17.400.125 Vehicle services -Maintenance/repair - CUP CUP - - CUP 17.400.125 Vehicle services -Towing, no storage - P P - P 17.400.125 Veterinary clinics and animaI hospitals - AU? AU? - :AUP(3) AU? 17.400.020 TRANSPORTATION & COMMUNICATIONS Broadcast studios - P P P - P Parking facilities P P P P P P Pipelines and utility lines (underground) P P P P P P Teccomminications facilities, cellular AU? AU? AU? AU? AU? AU? 17400.110 Telecommunications facilities, dish antennas See Section 17 400.110 for peurt req uiremrr.nts 17.400.110 Notes: (1) See Article 7 for definitions of the land uses listed. (2) Subject to ground floor restrictions; see Section 17220.035 (CD District Requirements). (3) Ancillary to a pct shop only. 47 Article 2 — Zoning Districts, Allowable Land October 2005 Uses and Zone-Specific Standards 2-17