SR-8C (4):~
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PCD SF f 1~Ianlsharelcounc~Ilstrpt1ta97007
Council Mtg September 9, 1997 Santa Monica, California
TO Mayor and City Council
FROM City Staff
SUBJECT Recommendation to Cvnduct a Publ~c Hearing and Introduce for First
Read~ng an Ordinance Amend~ng Section 9 Q4 08 15 040 of the Santa
Mon~ca Municipal Code to Allow Gro~and ~laor Office Uses with a
Conditional Use Permit wEthin the Front 75' of a Parcel ~n the BSC-2, BSC-
3 and BSC-4 Portions of the Bays~de Commercial Distr~ct
INTRODUCTION
Proposed is a Text Amendment to allow grour~d floor affice uses to be located with~n
the front 75' of parcels in the BSC-2, BSC-3 and BSC-4 portions of the Bayside
Commercial District, suh~ect to the appra~al of a Conditional Use Permit The BSC
Distr~ct standards currently allow office uses on the ground floor, but onfy in the rear 75'
of a parcel
BACKGROUND
The issue of al(owing ground floor ofFice uses within the front 75' af a parcel in the
Bayside Commerc~al District was first reviewed by the City Cauncil in September 1996
Followmg the adoption of the Bayside District Specific Plan, the Council sugges#ed that
perhaps there should be an opportunity to allow office uses on the ground floor at the
street frantage on Second and Fourth Streets in situatians where retail, restaurants, or
s~p v s ~g~
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ser~ice uses were not likely to locate Staff agreed with the Council direct~an on the
issue and recommended that gr~und floor office uses be allowed in the front 75' of
parcels on Second and Faurth Streets, sub~ect #a the approval of a CUP When the
amendment was brought foefore the Council, the Council ~oted not to appro~e tf~e text
amendment to allow ground flaor, street front aff~ce uses
!n February 1997 Cou~cil dETected staff to reexarnine the issue af allowing ground floor
office uses m the Bayside Distr~ct on a lim~ted basES lrt response, the Planning
Commission approved a Resolution af Intantion to amend the ordinance to allow
ground floor office uses w~thin the front 75' of a parcel In July 1997' the Plannmg
Commiss~on held a public hearing and recommended that the City Council appro~e the
praposed amenc~ment The Plannmg Cammiss~on felt that because the office use could
anly be permitted with a CUP, tt~e Cammission, or Council on appeal, had the
opportun~ty to review each individual request to determ~ne w~ether or not an office use
wauld be appropriate
ANALYSIS
The pro~ased Text Amendmen# would amend the BSC standards to allow office uses
on the ground floor, sub~ect ta the appro~al of a Cond~tional Use Permit Staff feeis that
an amendment to allow the offic~ use, sub~ect to the appro~al of a Conditional Use
Permi~. is appropnate in the BSC-2, BSC-3 and BSC-4 portiorts of the Bayside
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Cammercial D~strict because there are sections of Second and Fourth Stre~ts which are
not conduciv~ to pedestrian orien#ed uses, such as restaurants or retail Furthermore.
there are existmg buildmgs in the area which are not des~gned to accommodate
pedestnan onented uses Allowing fimited ground f~oor off~ce use in the frant 7~' by
CUP will ensure that the Planning Commission, or City Council on appeal, ~as an
opportunity to review each applECation to determme ~# the required CUP findmgs can be
made These include findings that the use wiil not irnpair the character of the district,
the parcel is physically suitable for the use, the use is compatible wEth adJacent land
uses and the surrounding neighborhood, the use is cansistent with the General Plan.
and the use will not result in an o~er concentratian of s~ch uses in the immediate
vicinity The fact that a ground floor office use can only be appraved if these f~ndings
can be made will ensure that an office use daes not negati~ely irnpact the surrounding
area
Based on a recent land use surWey of Second and Fourth Street, #he I~near frontage of
the existing ground floor ~ses on Second Street consist of 30% pedestrian oriented
uses, 24°/a office uses, 13% institutional uses, 11 % parkrng structures, 13% surface
le~el parking lots and 9% ~acant The finear frontage of the exisfing ground floor uses
on Fourth Street include 36% pedestr~an onented uses, 15% off~ce uses. 11 °/a
institutional uses, '~2% financial institutions, 11% parking structures, 7°/a surface le~el
parking lo#s, and 4% ~acant
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Other O~t~ons
fn the e~ent that the City Co~ncd has cancerns about the proposed Text Amencfinent
language as recommended by staff, there are other aptions to consider One o~tion
could be to allow a percentage of the front 75' of a parcel to be used for general office
use, sub~ect to the approval of a Conditional Use Permit This o~tion is similar to the
one proposed for the RVC Districf and would lim~t the amount of ground f(oor space that
could used for an office use and ma~ntain a percentage of the ground floor for a
pedestrian orie~ted use If the Council chose this option, the following [anguage could
be added to Section 9 04 08 15 Q40 (Conditianally permitted uses) of the BSC Distnct
standards
{h) General offices uses that c~a not exceed ~0°/a of the ground floor in the
front 75' of a parcel
Another option would be to allow a ground floor office use to encraach into the front 75'
of a parcel, sub~ect to a CUP, but ta require that the building frontage cantain a
pedestrian oriented use for a depth af 25' Th~s option would prevent ofFice uses from
occupying ar~y part of the buildmg frontage, which would preserve the frontage far
pedestna~ orier~ted uses If the Cauncil chose to im~lement this optio~, the following
lang~age could be added to Section 9 04 08 15 040 (Conditionally permitted ~ases) af
the BSC District standards
(h) General flffice uses on the ground floor in tha# portion of a parcel between
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25' and 75' from the frant parcel line
A third optran, which was discussed by the Planning Commission, was to alfow the
office uses with a"sunset periad" and require that the use cease when the specified
sunset date has been reached StafF has concern with this ap#ion because it would be
dafficult to track the md~~rdual appravals and therefore the restriction wauld be difficult to
enforce
Planning Commissian Recommendation
At the Planning Commission meeting on July 22, 1997 the Comm~ssion held a public
hearmg and approved a motion to recommend that the C~ty Council appro~e the
proposed Text Amendment as recommended by staff In con~unc#ion with the Text
Amendment application, the Plann~ng Cammission also approved a Conditional Use
Permit to allow an office use on the ground floor to encroach to within 40' of the front
property line, In addition to the~r action on tF~e Text Amendment, the Commissian
approved #he Conditiona! Use Permit, sub~ect to City Council appro~al of the Text
Amendment
Ba~side Distnct Recommendatton
The Bayside Distr~ct Corparation Board considered the issue of ground floor office uses
at their meeting on August 28, 1997 The Board ~o#ed to support allow~ng ground floor
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office uses on Second and Fourth Streets ~n the Bayside Distnct by CUP, but only with
tt~e pro~ision that the ordinance include a sunset clause which would require that any
ground floor office uses which had been approved under the ordinance cease within
fi~e years o# adoptfon of the ordinance The Board also recomm~nded that an
appl~cant on[y be allowed to apply for a CUP ta aflow ground floor office uses after a
bu~ldmg has been campleted and has received a certificate af occupancy
As pre~iously stated, staff has concern about the concept of a sunset clause for ground
floar off~ce uses in the BSC Dis#rict Such a requirement creates a difficult enforcement
problem ~n terr--~s of track~ng appro~als and t~me I~nes Furthermore, sta#f is
recommending ap~ro~al of tFtis ordinance ame~dment because there are some
locations on Second and Faurth Streets which, due to surrounding uses or building
design, are not conduc~ve ta ground floar pedestrian uses Lirniting the term of the
CUP to fi~e years would require that the ofFice uses ~acate the space ever~ thougF~ the
existing buildmg and surrounding uses may not be apprapriate f4r reta~l uses, wh~ch
wauld then result in buildings wh~ch are permanently vacant a~ the street le~el
Conclusion
The proposed Text Amendment would allow the area on the ground floor in the front 75'
of a parcel to be used for generat office use, sub~ect to the ap~ro~al of a Condittonal
Use Permit In appravmg a CUP, the Plann~ng Gommission, or City Cauncil on appeal,
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would need to maka the required CUP findings which will ensure that the office use will
not negativeiy impact the surrounding area
CEQA STATUS
The ~roposed Text Amendment is exempt fram the provisions of CEQA pursuant to
Section 15061(b)(3) of the State Guidelines in that the amendment esta~lishes use
limitations in the BSC District which would result in no significant enWironmental effect
BUDGET/FISCAL 1MPACT
The recommendation presented in this report does not ha~e any budget or fiscal
impact
RECOMMENDATION
It is recommended that the CGty Council hold a~ublic hearmg and ~ntroduce for first
reading an ordinance amend~ng Section 9 O~i D8 15 040 af the Santa Mon~ca Municipal
Code ta allow offce uses in the BSC-2, BSC-3 and BSC-4 portions af the Bayside
Commercia! Distnct to be Iocated withm the ~ront 75' of a parcel, sub~ect to the appra~al
af a Condit~anal Use Permit
TEXT AMENDMENT ~1NDINGS
1 The prapased amendment is consistent in principle with the goals, ob~ectives,
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policies, land uses, and pragrams specif~ed in the adopted General Plan in that
allowing ground floor office uses only w~th a Condit~onal Use Perm~t w~ll ensure
t~at office uses are only allowed in locations where the Plannmg Commiss~on,
or City Council on a~peal, can make the required Conditional Use Permit
findings which will ensure t~at an office use does nat negati~ely impact the
surrounding area Furthermore, allflwmg such USES with a Conditional Use
Permit w~fl ensure consistency with Land Use Element Pohcy 1 3 4 which
requires that "a ma~ority of ground floor street frantage on a block by blocfc basis
be acti~e pedestnan-onented use in order to promote pedestnan acttvity at the
ground floor "
2 The public health, satety, and general welfare require the adopt~an of the
proposed amendment in that the proposed ordinance wEll allow the Planning
Commission, or City Councal on appeal, to approWe a Canditional Use Permit to
allow ground floor office uses in situations where they fEnd that a ground floor
office use will not negatEVely impact the surrounding area
Prepared by Suzanne Fr~ck, D~rector
Karen G~nsberg, Plannmg Manager
Da~id Martin, Actmg Senior Planner
City Planning Divisian
Planr~~ng and Community Development Department
Attachments A Proposed Ordinance amending BSC District Standards
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A~'T'ACHIVI~~~' A
PCD SF GS f lplanlsharelcouncillordlbsc
Council Mtg September 9, 1997 Santa Manrca, California
ORDINANGE NUMBER
(Cify Council Series}
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MQNICA AMENDING ZONING ORDINANCE
SECTIQN 9 04 OS 15 a40 TQ AL~OW GENERAL OFFICE USES ON THE GR4UND
FLQ~R IN THE FRQNT 75' OF A PARCEL WITH THE APPROVAL OF A
CDNDfTIONAL USE PERMIT IN THE BSC-2, BSC-3 AND BSC-4 PORTIONS OF THE
BAYSIDE GOMMERCIAL DISTRICT
WHEREAS. on May 28, 1997, the Planning Gommission approved a Resolution af
Intention to modify Section 9 04 08 15 040 of Article IX of the 5anta Monica Municipal
Code to allow general off~ce uses on the ground floar in the front 75' of a parcel with the
appro~al of a Conditional Use Permit in the BSC-2, BSC-3 and BSC-4 portions of the
Bayside Cammercial District, a~d
WHEREAS, the Planning Commiss~on held a p~blic hearing on the proposed Zonmg
Ordinance Text Amendment on July 16, 199?, and recommended City Council adaptian
of the amendment, and
WHEREAS, The City Council held a public hearing on the proposed Zoning
Ordinance Text Amendment on September 9, 1997, and
WHEREAS, the Ctty Council finds and declares that the proposed amendment is
consistent in principle with the goals, ob~ectives, policies, land uses, and programs
specrfied in fhe adopted General Plan in that allowing ground floor office uses only with a
Conditional Use Permit will ensure that ofifice uses are only allowed in locations where the
Plannmg Cammrssion, or City Gounc~l an appeal, can make the requir~d Cond~tional Use
Permit findings wh~ci~ will er~sure that an off~ce use does not negatively impact the
surrounding area Furthermore, allowing such uses with a Conditronal Use Permit wiil
ensure consistency with Land Use Element Policy 1 3 4 which requir~s that "a ma~ority of
ground floor street frantage on a~lack by b~ock basES be active pedestnan-oriented use in
order to promote pedestrian acti~ity at the graun~ ffoor",and
WHEREAS, ~he City Council finds and declares that the publ~c health, safety and
general welfare requires the adoption of the proposed Ordinance in that the proposed
ordinance wili allow the Plannrng Commission, or City Council on appeal, ta approve a
Conditional Use Permit to allow ground floor office uses in situations where they find that
a ground floor office use w-lf not negati~ely irnpact the surrounding area
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS
SECTION 1 Sectior~ 9 04 08 15 040 ot the Santa Monica Municipal Code is
amended to read as follows
z
9 04 Q8 15.~40 Conditionally permitted uses
(2) The following uses rnay be permitted in the BSC-2, BSC-3 and
BSC-4 portions of the BSC Distrtct, sub~ect ta the approval af a condEtional use perm~t
(a) Autamobile parking lots and structures
(b) Bars, sub~ect #o the limitations contained in Section
9 04 08 1~ 080
(c) BEl[~ard parlors
(d) Bowling alleys
(e} Ginemas
(f} Clubs and lodges
~g) Con~ention and conference facilat~es
(h) General offices uses on the ground floor in the front 75' of
a parcel.
(i~) Homei~ss shelters w~th fifty-five beds or more
Qt) Hotels and motels
(kt) Nightcfubs, sub~ect to the limitations contamed in Section
9 04 0$ 15 Q80
(I~) 4pen-air farmers markets
(m~~ Skating r~nks
SECTION 2 Any provision of the Santa Manica Municipal Cvde or appendECes
thereto mcansistent with the provisions of this Ordinance, to the extent of such
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inconsistencies and no further, is hereby repealed or madified to that extent necessary to
atFect the provisions of this Ordinance
SECTION 3 If any section, subsection, sentence, clause, or phrase of this
Ordinance is far any reason held ta be m~alid or unconstitutional by a decision of any court
of campetent ~unsdiction, such decision sha11 not affect the ~al~dity of the remam~ng
portions af this Ordinance Th~ City Co~ncil hereby declares that i~ would ha~e passed this
Ordfnance and each and e~ery section, subsectian, sentence, clause, or phrase not
declared m~a~id ar unconstitutianal without regard to whether any partior~ of the ordinance
would be subsequently declared invalid or ~nconstitutEOnal
SECTION 4 T~e Mayor shall s~gn and the City C[erk shall attest #o the passage of
th3s Ordinance The City Clerk shall cause the same to be published once in the official
newspaper within 15 days after its adoption This Ordinance shall became effecti~e 30
days from its adoption
APPROVED AS TO FORM
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MARSHA JD S MOUTRIE
City Attarney
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