Loading...
SR-8C (4):~ ~ ~- S~~ ~ ~ ~1 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~ -i- ~ ~1~ ~ .~~ 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 - 2 - 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 - 3 - 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 - 4 - 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 - 5 - 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, - ~ - 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, -- ~ - 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 -s- 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 3 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 ~'~- r ~~'~:~ MARSHA JD S MOUTRIE City Attarney 4