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SR-8D (2)~~ FS ~' ~: ~EP 0 9 ~997 PCD SF f lplanlsharelcouncillstrptl#a97006 Cauncif Mtg September 9, 1997 Santa Monica, California TO Mayor and City Gouncii FROM City Staff SUBJECT Recommendation to Conduct a Public Hearing and Introduce for First Reading an Ordinance Amendmg Section 9 04 08 12 Q40 of the Santa Monica Mun~cipal Code to Conditionally Permit OfFice Uses ~n the RVC D~strict to be Located With~n the Grounci Floar 5treet Frontage, Provided Such Uses do not Exceed 25% of the Parcel Width INTRODUCTION Prapased is a Text Amendmen# to revise the list of canditconally permitted uses in the RVC District to allow ground floor aff~ce uses with~in the ground floor street frontage pro~ided such uses do not exceed 25% of the parcel wi~th The RVC Distr~ct standards currently aflow affice uses by Conditional Use Permit except at the ground floor street frontage The applicant has applied for a Text Amendment to allow office uses m the RVC Drstrict at the grour~d floor street fron#age, sub~ect to the approval of a Condittor~al Use Permit ANALYSlS The Zonmg Ordinance defines "ground flovr street #rontage" as "the first feWel af a bui[ding, other than a basement, to a depth ofi no less than fifty feet o~ the front of the ~arcel" Therefore, offices uses in the RVC District may not be permitted on the ground ' :~ -i- :; ~ ~: ~~ SEp 0 9 ~7 fEoar within the first 5~' of a parcel Tl~e applicant has subm~tted an application for a Text Amendmen~ to amend the RVC section to delete the part~an af the sect~on related to general offices ~ses which states "except at the graund floor street fro~tage" This amendment would mean that a general office use would be permitted, by Conditional Use Permit, at any location in the RVC Distr~ct Staf~ feels that ar~ amendment ta allow the entire ground floar #o be used for office use is inapprapriate in the RVC ~istrict because t~e district is rntended to protect the existing ~esidential mix in the area while providmg for the concentration and expansian af coastal-ralated lodg~ng, dining, recreation, and sl~apping needs of tourists and others in the Oceanfront area Unlike the Bayside Commercial District #o the east, the RVC District is not intended to be an area where there is a concentration of office uses While staff does not support the applicant's request, staff does believe that it is a~propnate #o allow a limited amount (up ta 25%) ofi the ground floor stre~t frontage of a parcei to be used for office use sub~ect to the appraval of a Conditional Use Perm~t This will allow the Planning Commiss~on, or City Council on appeal, to appro~e a CUP if the requ~red CUP findings can be made These include findings #hat the use will not impair the character of the district, the parcel is phys~cally sui#able far the use, t~e use is compat~ble with ad~acent land uses and the surrounding neighborhoad, the use is - 2 - consistent with the General Plan, and the use will not result in an over concentratian of such uses ~n the immediate ~icinity The fact tha# a ground floor off~ce use can only be approved if these findings can be made will er~sure fhat an ofFce use does not negatively impact the surrounding area Although the proposed Text Amendment has been requested by an applicant in rela#ion to a specific locatian, Et would appiy to the entEre RVC D~strict Because appraxima#ely 80% of the uses m the RVC DEStrict along Ocean Avenue consist of restaurants and hotels, staff feels that the proposed Text Amendment would na# r~sul~ m an undue concentratian af office uses or the eltminatian of the pedestrian onentation of Ocean A~enue While the Tex# Amendment recommended by staff is d~f~erent t~an the one proposed by the applicant, the appi~cant is aware of the staff recommendation and has indicafed that they do not object to the staff recommendation The proposed Text Amendment is consistent with the vb~ect~~es of the Land Use Element af the General Plan and the ~ocal Caastal Program Land Use Plan Land Use Eleme~t Policy 1 5 4 states that the City should encourage day and night pedestrian act~v~ty along the strest frontages on Ma~n Street, Ocean Auenue and t~e Promenade by requiring act~~e uses oriented to wafk-in traffic, especially retail and commercial recreation, small inns and restaurants Wh~le the proposed amendment would allow a I~mited amount of office at the ground floor, requiring that at least 75% of the parcel - 3 - width be maintained for pedestnan oriented uses will ensure that the ma~ority of street frontage on Ocean Avenue is pedestnan onented A similar policy ~n the Local Coastal Program Land Use Plan states that "along the east s~de of Ocean Avenue, between Colorado Avenue and California A~enu~, tounst accorr~madations and related support facilities such as shops and restaurants and visitor-serving cultural uses shall be the principal permitted uses The proposed limitation on the percentage of frontage which can be used for afFice uses will ensUre that the pnnc~pal permitted uses remain pedestrian orGented and ~isitor ser~mg Planninq Commission Recommendation Tf~e Planning Commission held a public hearing on July 22, 1997 to consEder this requ~st and appro~ed a motion recommending #hat the C~ty Council appra~e the proposed Text Amendment as recommer~ded by s#afF In con~unction with the Text Amendment apphcat~on, the apphcant appiied for a Conditional Use Perm~t to allow the conversion of a fflrmer restaurant space at 1299 Ocean Ave~ue ~the northeast corner of Qcean Avenue and Anzona A~enue) to office ~ase Ir~ additior~ to their action on the Text Amendmen#, the Commission appro~ed the Conditional Use Permit, sub~ect to City Counci~ approval af the Text Amendment Conclusior~ The proposed Te~ct Amendment wauld allow a limited portion of a parcel in th~ RVC - 4 - District tfl be used for general office use sub~ect to the approval of a Canditional Use Permit In appraving a CUP the Planr~mg Comm~ssion or City Council on appeal woufd need to make tf~e required CUP findings which will ensure that the office use will not negatively impact #he surrounding area CEQA STATUS The proposed Text Arnendment is exempt from the prov~sions of CEQA p~rsuant to Section 15061(b){3} of the State Gu~delfnes m that the arnendment establishes use limitations in the RVC District wh~ch would result in no significant environmental effect BUDGET/FISCAL IMPACT The recommendatian presented in th~s report does not have any budget or fiscal impact RECOMMENDATIOIV It is recommended that the City Council hold a public hearing and mtroduce for firs# readr~g an ordinance amending Sectcon 9 04 08 12 040 of the Santa Monica Municipal Code ta canditionally permit office uses in the RVC D~strict to be located within th~ ground flaor street frontage, pro~ided such uses do not exceed 25% of the parcel width - 5 - TEXT AMENDMENT FINDINGS 1. The propased amendment is consistent in principle wath the goals, ob~ecti~es, policies, land uses, and programs specified in the adopted General Plan in that allow~ng ground floor affice uses only with a Gonditional Use Permit w~ll ensure that ofFice uses are only allawed in locatians where the Planning Commission, ar C~ty Gouncil on appeal, can make the required Conditional Use Permit findmgs wh~ch will ensure that an office use does not negatively ~mpact the surrounding area Furtherrr~ore, limiting th~ amount of ground floor street frantage which can be used as office space to 25% will ensure that 75% of the ground floor street frontage ~s devoted to pedestrian anented uses, w~ich is consistent with Land Use Element Policy ~ 5 4 which is to "encaurage day and night pedestrian activity along the street frontage on Marn Stre~t, Ocean A~enue and the Promenade " 2 Tt~e public health, safety, and general welfare require the adoption of the praposed amendment in that allowing office uses ~n up to 25% o# the ground floor froritage of a parce! will accommodate situations where the Planning Comm~ssion, or City Council on appeal, finds that ground floor affice uses are appropnate, and limiting the amount of ground floor office uses to 25% of a parcei will ensure that the ma~onty of the parcel ~s devated to pedestrian ariented uses Prepared by Suzanne Frick, Director Karen Gmsberg, Planning Manager David Martin, Acting Senior Planner, City Planning Di~is~on Planning and Camrnunity Develapment Departmen# Attachments Proposed Ordmance acnending RVC D~strict Standards - 5 - ATTACHMENT A PCD SF GS f lplanlsharelcouncillordlrvc Cour~a! Mtg September 9, 1997 Santa Monica, California ORDINANCE NUMBER (City Counc~l Ser~es} AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA M~NICA AMENDING ZONING ORDINANCE SECTION 9 04 08 12 040 TO ALLOW OFFICE USES !N THE RVC DISTRICT TO BE LOCATED WITHlN UP TO 25% OF THE GR~UND FLOOR STREET FRONTAGE, SUBJECT T~ THE APPROVAL OF A CONDITIONAL USE PERMIT WHEREAS, on May 22. 1997, an application was fled for a Zoning Ordinance Text Amendment to modify Section 9 04 08 12 040 of Article IX of the Santa Manica Municipal Code to allow offce uses m the RVC Distnct to be locatec~ in the ground floor street frontage, sub~ect ta the appro~al af a conditional use permit, ar~d WHEREAS, the Planning Commission held a public hearmg on the proposed Zonmg Ord~nance Text Amendment on July 16, 1997, and recammended City Councii adoption of the amendrnent, and WHEREAS, The City Counci! 1~eld a public hearEng Qn the proposed Zoning Ordinance Text Amendment on September 9, 1997, and WHEREAS, the City Council finds and declares that the proposed amendment is consistent in pnnciple with the goals, ob~ecti~es, policies, land uses, and programs specified in the adapted General Plan m that allowing ground floor office uses only w~th a Conditiorta( Use Permit w~ll ensure that office uses are only allowed in locations where the Planning Comrr~ission, or City Council on appeal, can make the require~ Conditiona~ Use Permit findings which will ensure that an office use does not negatively Empact the surrounding area Furthermore, lim~ting the amount of ground floor street frontage wF~ich can be used as office space ta 25% wifl e~sure that 75% of the ground floor street frontage is devoted to pedestrian onented uses, which is consistent with ~and Use Element Poiicy 1 5 4 which is to "'encourage day and rnght pedestrian activity along the street frontage on Main Street, Ocean Avenue and the Promenade", and WHEREAS, the City Council finds and declares that the public heaith, safety and general welfare requires the adoptiQn of the proposed Ordinance in that a~lowing office uses tn up to 25% of the ground floor frontage of a parcel will accommodate situatEans where the Planning Commission, or City Counc~l on appeaf, finds that ground floor office uses are appropriate, and limiting the amount of ground floor office uses to 25% of a parcel wfll ensure that the majanty of the parcel is de~ated t~ pedestrian oriented uses NOW, THEREFORE THE CITY C4UNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS SECTION 1 Section 9~4 a8 12 040 af the Santa Monica Municipal Code ~s amended to read as follows 2 9 04.08 12 040 Conditionally permitted uses The followmg uses may be permi#ted in the RVC Distnct sub~ect to the approval of a Conditional Use Permit {a} Bed and breakfast facilities ~b) Child day care centers (c) Eatmg and drmking esta~lishm~nts permittir~g alcohalic be~erages (d) General offices uses, except a#~re within the ground floor street frontage such uses may not exceed 2~% of t~e parcel width {e) Hotels and mo~els {f~ Outdoor displays an~ sales of the followmg items on pr~~ate property ad~acent to either The Promenade or the streets between The Promenade and Appian Way (1} Arlwork and pottery (2} Flowers and plants (3} Handcrafted products and goods (4) Recreational equipment rentals such as rollerskates, bicycles, and surtboards (5) Any other iterns determmed by the Zonmg Admmistrato~-to be similar to those listed abo~e ~g) Parking facilities (h) Shelters for the homeless 3 (i) Theaters only in the Pier ~~erlay SECTION 2 Any pro~ision of the Santa Monica Municipal Code or appendices thereto ir~cansistent with the pro~isions of this Ordinance, to the extent of such inconsistencies ar~d no further, is hereby repealed or modified to that extent necessary to affect the provisions of #his Ordinance SEGTION 3 If any sectian, subsection, sentence, clause, or phrase af this Ordinance is far any reason helc~ to be m~alid or unconst~tutional by a dec~sion of any court of compefent ~urisdiction, such decESivn shall not affect the ~alidity af ~he remaining portions of this Ordinance The CEty Council hereby declares that it would haWe passed this Ord~nance and each and e~ery section, subsection, sentence, clause, or phrase not declared in~al~d ar uncanstitutional without regard to whether any portior~ of the ordinance would be subsequently declared invalid or unconstitutianal SECTION 4 The Mayor sha11 sign and the City Clerk shall attest to the passage of this Qrdinance The City Cierk shall caUSe the same to be published once in the official newspaper within 15 days after its adoptian This Ordinance shall become effect~We 3Q days from its adoptian APPROVED AS T~ FORM ~`{'~c.~ MARSHA ~NES MOUTRIE City Attarney 4