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SR-011293-7BLUTM:PB:DKW:DB/ec20apcc.pcword.plan Council Mtg: January 12, 1993 TO: Mayar and eity Cauncil FROM: City Staff ~~w ~ f`• t ~ ~ t;~4 ~ .. i~~~J Santa Monica, California SUBJECT: Appeal of Planning Commissi.on Denial of Appeal of ~oning Administrator Approval o€ Occupancy Permit 91-020, 1620 Braadway. Applicant: Ronen Hacker Appellant: Councilmember Ken Genser INTRODUCTION This repart recommends that the City C~uncil deny the appea~ Qf Occupancy Permit (OC) 91-020, for the property Iocated at 1620 Broadway, and uphold the Planning Commission's denial of said appeal, thareby upha~.ding the Zoning Acl~ninistratar's approval of oC 9~-020. OC 9].-020 was originally app~oved by tha Zaning Administrator on May 6, 1992, permitting the commercia~ occupancy o~ seven residen~ial units and tha residential occupancy of one unit in an 8-unit apartment building which was previously removed from the rental market via the Ellis Act. The Zoning Administratvr's determination was upheld an appeal to the Flanning Commission on September 3D, 1992, based on a 3 to 2 vote to deny the appea3.. The appeal was filed by Mr. Genser based on concerns that minimu~n code parking requirements were not met far the praposed commercial use of the subject property. - ~. - ~~ ~ '~"~ ~ ~ ~ ~ ;,~? BACx~ROUN~ Project Histary Occupancy Permit 91-020 was issued in conjunction with Administrative Approval (AA) 91-1~1 by the Zoning Administrator on May 6, 1992, permitting the commercial occupancy of seven residential units and the residential accupancy of ane unit in an 8-unit apartment building which was previously removed from the rental market via the Ellis Act. On May 20, 1992, Councilmember Ken Genser appealed the Zaning Administrator's Occupancy Permit determination to the Planning Commission based an cancerns that code minimum parking requirements were not met. (Attachment A.) Although Mr. Genser did not request a revocation of AA 9~-111, this associated permit would be ~f no further effect if the appeal of OG 91-020 were granted. On September 30, 1992, the Planning Commission voted 3 to 2 an a motion to deny the appeal and uphold the Zoning Administrator's determznation. (Attachments B and Cy This is cans~dered a"technical denial" of the appeal because the minimum faur votes nece~sary for an action ware not obtained. The present appeal of the Planning Commission's action was filad on October 9, I992. tAttachment D.} The Zoninq Administrator's approval of Occupancy Permit 91-020 and Administrative Appraval 91-111 was based an the requirements af SN~lC Section 9.04.1D,08.030{e) and Ordinance 1466 ( CCS ) . - 2 - Section 9.04.10.08.030(e) states that: (e) For any new use of an existing building ar structure such that the new use will require parking spaces, parking spaces in the number specified in Section 9.D4.1o.D8.o4o shall be provided for the entire parcel. PZanning and Zaning staff have consistently interpreted this code section to mean that if a higher number of parking spaces is rec~zired for the proposed use than that which would be required tar the existing use using current code standards, then ail uses on the site must be braught up to current parking standards. Conversely, if a new use ~equires the same or fewer parking spaces than the existing use, the new use may be approved withaut any change in the existing number af parking spaces. an December 15, 1992, the City Council affirmed staff's interpretatian of SMMC Section 9.04.10.08.030(e). At the same hearing, the Council approved an ordinanae which wauld require that on-site parking meet existing zoning standards for projects where residential use would change to commercial or industrial use. (Attachments E and F.) This ordinance does not apply to projects deemed compl.ete prior to December 15, 1992, and therefore does not app~y to OC 91-020 because it was deemed complete on December 20, 1991, The subject property contains a total o€ 8 on-site parking spacas, which is less than the minimum required if the subject building were constructed today. This xs referred to as a"legal noneantorm~.ng standard," in that it is legal to continue the us~ without providing additiona~ parking. The Zoning Administrator's - 3 - interpretation o~ Section 9.04.10.08.030(e) further pravides that the 8 on-site parking spaces may remain "legal nonconforming" if it can be established that the minimum number of spaces required by the existing code for the existing use does not exceed the minimum number of spaces required for the proposed use. In reviewing the appl~cant's proposal in this regard, staff found that the prior residential use required the same number of parking spaces under current requirements as the proposed mix of affice and residential uses, as fo~laws: USE PARKING SPACES REQUIRED PURSUANT Td SMMC SECTION 9.04.10.08.030(e) 8 1-2 bedroam 18 spaces minimum (2 spaces per units existing unit plus 1 guest space per 5 units) 4,664 sq.ft. of 18 spaces mini~u~ (1 space per 4ffice space from 300 square Feet of office area conversion of seven plus above-mentioned residential residential units, plus require~ent for one unit) one residential unit Because the total numbex of spacas required by the current Zoning Ordinance does not increase as a result of the proposed change of use, the project remains "grandparentad" for the 8~xisting on-site parking spaces. Furthermore, no change of use was propased for one of the residential ~nits, and that unit therefare remains grandparented far 1 parking space in-~ie~ oF 2 required by code. The result is a total of 8 parking spaces in-Iieu af 17 required by code (16 required far the new office use and 1 space requa.red for the residential unit which is grandparented because it is proposed to remain rESidential}. - 4 - Ordinance 1466 states that "an Occupancy Permit far commercial occupancy of a property oz any rental unit therein shall be granted by the Planning Director" if the proposed occupancy is in conforinance with tha General Plan and Zoning Ordinance. In this instance, the proposed use of specialty o~~ice on the graund floar and general office use on the second floor was found to be in conformance with the pexmitted uses in the Sroadway Commercial (BCD) District, and the existing parking met the Zoning Ordinance parking requirements for a change of use, as noted abo~e. The proposed ~ix of residential and commeraial uses is also consistent with the goa~s autlined in the Land Use and Circulation Element of the General P1an. Ordinance 1466 specifies further findings which must be made far residential re-occupancy af a building removed from the rental market via the Ellis Act. On the accupancy Permit application, the applicant stated that the owner wou~d be the anly person to occupy unit H, which was to remain residential. This was consistent with Ordinance 145b, which allows residential owner occupancy of apartment unita re-accupied after removal fr~m the rental market via the ~llis Act. Because the proposal canforms to Zoning 4rdinance and Ordinance Z466 requirements, Planning and Zaning staff approved the ~ccupancy Permit and the related Administrative Appro~al. Enforcement APter the appeal of Occupancy Permit 91-020, staff received a cornplaint indicating that the sub~ect property was being used far ~ 5 - commercial purpoaes. A site inspection by staff and examination of Rent Contro~ and Business License records indicate that the property has contained commercial uses since October of 1987, ~hree years prior to the August 14, 1990, Ellis withdrawal date. On July 9, 1992, natice was delivered to all occupants of the subject proparty, including the applicant, that existing businesses must be removed within 10 working days and must not ~eturn until the final decision an Occupancy Permit 91-020 is rendered. It appears that at ~east three of the residentia~ units on the property are currently utilized for commarcfal purpoaes without having obtained eithar Administrative Approval for a change of use or an Occupancy Permit. ~n addition, at the time of the P~anning Commissian hearing, a sign existed on the praperty stating "Office Space for Lease." Staff does not recommend denial of the current application based on these illegal uses because the proposal currently befare the City Caunci~ confarms ta Zaning ~rdinance requirements and the City Attorney's office has advised Planning staff that the decision to approve or deny the project should be based salely on tha merits of the proposal. The City Attorney's of~ice is currently prasecuting the applicant regarding the currant and past non-permitted uses at the site. A trial is scheduled for January 19, ~993. PLiY.?ZiC Notice Occupancy Permits do not require public notification. Pursuant to Code Section 9.04.20.24.020, no public notice is required for - 6 -- the appeal of an Occupancy Permit, However, a notice of the hearing was published in the Santa Monica outlook nat less than 1D consecutive calendar days prior to the pubiic hearing. BUDGET~FTNANCIAL TMPACT The reca~endation presented in this repart daes not have any budget ar fiscal impact. RECOMMENDATI~N The Occupancy Permit originally granted by the Zoning Administrator is in canformance with the Zoning Ordinance, the General Plan, and Ordinance 1466, and, therefors, staff recommends that the City CounciZ uphold the Planning Commission's denial of the appeal and uphold the zaning Administrator's approval of ~acupancy Permit 91-020, pursuant to the findings and conditions cantained in the Planning Commission Statement of official Aation contained in Attachment C. Prepared by: D. Kenyon Webster, Planning Manager Drummond Buckley, Assaciate Planner Planning Divisian Land Use and Transportation Management Department ATTACHMENTS A. Zoning Administrator Appeal B. Fl.anning Cammission Staff Report with Attachments C. Flanning Commission Statem~nt of Official Action D. Planning Commission Appeal E. Ci.ty Council Staf~ Report for Interpretation of SMMC Section 9.p4.7.0.08.030(e) (Priar Code Section 9044.3[e]) F. Ordinance Adopted December 15, 1992, Establishing Parking Standards for Changes of Use fram Residential to Commerc~.al or Ind~strial - 7 - DB PC/ec20apcc Ol/06/93 - $ - ~~~~~LY1~1 V 1 ! 1 ~~ ~~ City of . Santa Man~ca Cammtx~ty and Eoonom~c Deveyo~n~nt Uepai~~-Mt !~°~. - ~--= Pltr~lrg md Zo~ Divl~ion t2~3} ~58-8341 APPEAL FORM FEE: ~1DC.00 D819 Fil9d ~' ,~ '? c /6 ? Fi@OBlV~@d b~l `.~-'~: ~~~ ~~~k ~ _ ~Q~ Genser ' Ad~esa 168~ f~ain Street,,,Santa Monica~ CA 9040~ ~~ ~B~ ~ ( 310 ) 458-8201 Please de9a~b8 fhe pqeCt 3nd dBCisq~1 b be 8ppealed Occupanc,y, Permi ~ for Resi dential ~Comnerci al tJse Case N~xnber ~ddr~esa ~ Q+i~mal haanng daM ~~ 4C 91-020 162a Sroadwa~r Roner~ Hacker i+lay b, ty~[ p~,~„ ~~ ~ a~~ ~~~ ~~~y Th~ ~roposed eccupancy i s not i n conformance with the Comprehensive ~.and Use and ~oninq Ordinance with res~ec~ to parkin~. #~W ~ it r~dad, w~ ack d lor~. p~ _ 20 ~Ia~Y i992 ~ ;,` ~ ~ « t CA:MHS:pkgord2/hpadv City Council Meeting 12-35-92 OR~INANCE NUMBER Santa Monica, California (City Councii Series) AN ORDINANCE OF THE CYTY COUNC~L ~F THE CITY OF SANTA MONICA ESTABLISHING PARKING REQUIREMENTS F~R CHANGES OF USE FROIri RESIDENTIAL TO CDI~iERCIAL OR INDUSTRIAL USES ON AN INTERIM BASIS AND DECLARING THE PRESENCE 4F AN EMERGENCY THE CITY C~UNCIL OF THE CITY OF SANTA M4NICA DQES ~RDAIN AS FOLLAWS : Sectian 1. Findinqs and Purpose. The City Council finds and declares: (a) Numerous existing CpmmE'.x'Ckd1 and industrial uses in the City do not prov~.de parking in the amount required by the City's current zoning standards {hereinafter "code par~ing") because such uses predate the current zaning ordinance and constitute legal non-conforming uses, which results in a laok of parking for commercial and industrial uses. (b} The City has initiated the process to amend Part 9,04.1a.08 of the Zoninq Ordinance concerning off-street parking requirements (hereinafter "Parking Amendments") to provide, amanq other things, that pro~ects which invalve changes af use from residenti.al tn commercia~ or industrial uses provide code parking for the entire parcel. The Planninq Cammission of the City of - 1 - ~' ~ ~ ~ _~ ~ . `~ ~ ~~~~ .